Transfer of copyright, and register thereof. consideration, in which case such person shall be considered the proprietor, and shall be entitled to be registered in the place of the author; and every person acquiring for a good or a valuable consideration a new and original design, or the right to apply the same to ornamenting any one or more articles of manufacture, or any one or more such substances as aforesaid, either exclusively of any other person or otherwise, and also every person upon whom the property in such design or such right to the application thereof shall devolve, shall be considered the proprietor of the design in the respect in which the same may have been so acquired, and to that extent, but not otherwise. VI. And be it enacted, That every person purchasing or otherwise acquiring the right to the entire or partial use of any such design may enter his title in the register hereby provided, and any writing purporting to be a transfer of such design, and signed by the proprietor thereof, shall operate as an effectual transfer; and the registrar shall, on request, and the production of such writing, or in the case of acquiring such right by any other mode than that of purchase on the production of any evidence to the satisfaction of the registrar, insert the name of the new proprietor in the register; and the following may be the form of such transfer, and of such request to the registrar: Form of Transfer, and Authority to register. ‹ I, A. B., author [or proprietor] of design, No. nufacture or substances, or the locality with respect Form of Request to register. 'I, B. C., the person mentioned in the above transfer, do request you to register my name and pro6 perty in the said design as entitled [if to the entire use] to the entire use of such design, [or, if to the partial use,] to the partial use of such design, so 'far as regards the application thereof [describe the articles of manufacture, or the locality in relation to which the right is transferred].' But if such request to register be made by any 'I, C. D., in whom is vested by [state bankruptcy VII. And for preventing the piracy of registered Piracy of designs, be it enacted, That during the existence of designs. any such right to the entire or partial use of any such design no person shall either do or cause to be done any of the following acts with regard to any articles of manufacture, or substances, in respect of which the copyright of such design shall be in force, without the licence or consent in writing of the registered proprietor thereof; (that is to say,) No person shall apply any such design, or any fraudulent imitation thereof for the purpose of of sale, to the ornamenting of any article of manufacture, or any substance, artificial or natural, or partly artificial and partly natural : No person shall publish, sell, or expose for sale any article of manufacture, or any substance, to which such design, or any fraudulent imitation thereof, shall have been so applied, after having received, either verbally or in writing, or other wise from any source other than the proprietor of such design, knowledge that his consent has not been given to such application, or after having been served with or had left at his premises a written notice signed by such proprietor or his agent to the same effect. VIII. And be it enacted, That if any person commit such act he shall for every offence forfeit any a sum not less than five pounds, and not exceeding thirty pounds, to the proprietor of the design in respect of whose right such offence has been committed; and such proprietor may recover such penalty as follows: In England, either by an action of debt or on the case against the party offending, or by summary proceeding before two justices having jurisdiction where the party offending resides; and if such proprietor proceed by such summary proceeding, any justice of the peace acting for the county, riding, division, city, or borough where the party offending resides, and not being concerned either in the sale or manufacture of the article of manufacture, or in the design to which such summary proceeding relates, may issue a summons requiring such party to appear on a day and at a time and place to be named in such summons, such time not being less than eight days from the date thereof; and every such summons shall be served on the party offending, either in person or at his usual place of abode; and either upon the appearance or upon the default to appear of the party offending, any two or more of such justices may proceed to the hearing of the complaint, and upon proof of the offence, either by the confession of the party offending, or upon the oath or affirmation of one or more credible witnesses, which such justices are hereby authorized to administer, may convict the offender in a penalty of not less than five pounds, or more than thirty pounds, as aforesaid, for each offence, as to such justices doth seem fit; but the aggregate amount of penalties for offences in respect of any one design committed by any one person, up to the time at which any of the proceedings herein mentioned shall be instituted, shall not exceed the sum of one hundred pounds; and if the amount of such penalty or of such penalties, and the costs attending the conviction, so assessed by such justices, be not forthwith paid, the amount of the penalty or of the penalties, and of the costs, together with the costs of the distress and sale, shall be levied by distress and sale of the goods and chattels of the offender, wherever the same happen to be in England; and the justices before whom the party has been convicted, or, on proof of the conviction, any two justices acting for any county, riding, division, city, or borough in England, where goods and chattels of the person offending happen to be, may grant a warrant for such distress and sale; and the overplus, if any, shall be returned to the owner of the goods and chattels, on demand; and every information and conviction which shall be respectively laid or made in such summary proceeding before two justices under this act may be drawn or made out in the following forms respectively, or to the effect thereof, mutatis mutandis, as the case may require : ' of the peace in and for the county of ' and giveth us to understand that the said 'A. B., before and at the time when the offence 'hereinafter mentioned was committed, was the proprietor of a new and original design ' for [here describe the design], and that within 'twelve calendar months last past, to wit, on in the county 'the • of at 6 county of did [here describe the offence], contrary to the form of the act passed ' in the year of the reign of her 'present Majesty, intituled "An act to con'solidate and amend the laws relating to the copyright of designs for ornamenting arti'cles of manufacture." • of in the county did [here describe the offence] 6 contrary to the form of the statute in that case made and provided; and we the said 'justices do adjudge that the said E. F. for his 'offence aforesaid hath forfeited the sum of to the said A. B.' In Scotland, by action before the Court of Session in ordinary form, or by summary action before the sheriff of the county where the offence may be committed or the offender resides, who, upon proof of the offence or offences, either by con |