But if such request to register be made by any person to whom any "I, C. D., in whom is vested by [state bankruptcy or other- 7. Designs. AND for preventing the Piracy of registered Designs; BE it Piracy of 10 Enacted, That during the existence of 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 license or consent in writing of 15 the registered Proprietor thereof; (that is to say) No person shall apply any such Design, or any fraudulent or 8. Penalties for And be it Enacted, That if any person commit any such act, he Recovery of shall for every offence forfeit 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 5 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, 10 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 20 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, 25 on demand: 15 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 confes- 30 sion of the party offending or by the oath or affirmation of One or more credible witnesses, shall convict the offender and find him liable in the penalty or penalties aforesaid, as also in expenses; and it shall be lawful for the Sheriff, in pronouncing such judgment for the penalty or penalties and costs, 35 to insert in such judgment a warrant, in the event of such penalty or penalties and costs not being paid, to levy and recover the amount of the same by poinding: Provided always, That it shall be lawful to the Sheriff, in the event of his dismissing the action and assoilzing the Defender, to find 40 the Complainer liable in expenses; and any judgment so to be pronounced by the Sheriff in such summary application shall be final and conclusive, and not subject to review by advocation, suspension, reduction, or otherwise : In Ireland, either by action in a Superior Court of Law, at Provided always, and be it Enacted, That notwithstanding the 5 remedies hereby given for the recovery of any such penalty as aforesaid, it shall be lawful for the Proprietor, in respect of whose right such penalty shall have been incurred (if he shall elect to do so), to bring such action as he may be entitled to for the recovery of any damages which he shall have sustained, either by the application of 10 any such Design, or of a fraudulent or colourable variation thereof for the purpose of sale, to any articles of manufacture, or substances, or by the publication, sale or exposure to sale, as aforesaid, by any person of any article or substance to which such Design, or any fraudulent or colourable variation thereof, shall have been so applied, 15 such person knowing that the Proprietor of such Design had not given his consent to such application. And be it Enacted, That unless a Design applied to ornamenting any article of manufacture, or any such substance, as aforesaid, be so registered as aforesaid, and also after the Copyright of such Design in 20 relation to such article or substance shall have expired, it shall be unlawful to put on any such article or such substance, in the manner herembefore required with respect to articles or substances whereto shall be applied a registered Design, the Marks hereinbefore required to be so applied, or any marks corresponding therewith or similar 25 thereto; and if any person shall so apply any such marks after the expiration of the Copyright of any Design, or shall publish, sell or expose for sale any article of manufacture, or any substance, with any such marks so applied, after the expiration of the Copyright of any Design, knowing that any such marks have been unlawfully applied, he 30 shall forfeit for every such offence a sum not exceeding Five Pounds, which may be recovered by any person proceeding for the same by any of the ways hereinbefore directed with respect to penalties for pirating any such Design. And be it Enacted, That no action or other proceeding for any 35 offence or injury under this Act shall be brought after the expiration of Twelve calendar Months from the commission of the offence; and in every such action or other proceeding the party who shall prevail shall recover his full costs of suit or of such other proceeding. AND for the purpose of registering Designs for articles of manu40 facture, in order to obtain the protection of this Act; BE it Enacted, That the Lords of the Committee of Privy Council, for the consideration of all matters of Trade and Plantations, may appoint a person to be 13. Registrar's Duties. 14. Certificate of Registration of Design. a Registrar of Designs for ornamenting articles of manufacture; and if the Lords of the said Committee see fit, a Deputy Registrar, Clerks, and other necessary Officers and Servants; and such Registrar and Deputy Registrar shall hold their offices during the pleasure of the Lords of the said Committee; and the Commissioners of the Treasury may from time to time fix the salary or remuneration of such Registrar, Deputy Registrar, Clerks, Officers and Servants; and, subject to the provisions of this Act, the Lords of the said Committee may make rules for regulating the execution of the duties of the office of the said Registrar; and such Registrar shall have a seal of office. 5 1 10 And be it Enacted, That the said Registrar shall not register any Design in respect of any application thereof to ornamenting any articles of manufacture, or substances, unless he be furnished, in respect of each such application, with Two copies, drawings or prints of such Design, accompanied with the name of every person who shall claim 15 to be Proprietor, or of the style or title of the firm under which such Proprietor may be trading, with his place of abode, or place of carrying on his business, or other place of address, and in the case where such Design shall be for the shape, outline or configuration, independently of the pattern or ornament thereon, with the words "Shape 20 or Configuration;" and the Registrar shall register all such copies, drawings or prints, from time to time successively, as they are received by him for that purpose; and on every such copy, drawing or print he shall affix a number corresponding to such succession; and he shall retain One copy, drawing or print, which he shall file in his office, 25 and the other he shall return to the person by whom the same has been forwarded to him; and in order to give ready access to the copies of Designs so registered, he shall class such copies of Designs, and keep a proper index of each class. And be it Enacted, That upon every copy, drawing or print of an 30 original Design so returned to the person registering as aforesaid, or attached thereto, and upon every copy, drawing or print thereof received for the purpose of such registration, or of the transfer of such Design being certified thereon, or attached thereto, the Registrar shall certify, under his hand, that the Design has been so registered, 35 the date of such registration, and the name of the registered Proprietor, or the style or title of the firm under which such Proprietor may be trading, with his place of abode, or place of carrying on his business, or other place of address, and also the number of such Design, together with such number or letter or number and letter as 40 shall be employed by him to denote or correspond with the date of such registration; and such Certificate made on every such original Design, or on such copy thereof, and purporting to be signed by the Registrar or Deputy Registrar, and purporting to have the seal of 5 10 office of such Registrar affixed thereto, shall, in the absence of evidence to the contrary, be sufficient proof, as follows: Of the Design, and of the name of the Proprietor therein men- Of the commencement of the period of registry; and Of the person named therein as Proprietor being the Proprietor; Of the originality of the Design; and Of the provisions of this Act, and of any rule under which the And any such writing purporting to be such certificate shall, in the absence of evidence to the contrary, be received in evidence without proof of the handwriting of the signature thereto, or of the seal of office affixed thereto, or of the person signing the same being the 15 Registrar or Deputy Registrar. And be it Enacted, That every person shall be at liberty to inspect any Design whereof the Copyright shall have expired, paying only such fee as shall be appointed by virtue of this Act in that behalf; but with regard to Designs whereof the Copyright shall not have 20 expired, no such Design shall be open to inspection, except by a Proprietor of such Design, or by any person authorized by him in writing, or by any person specially authorized by the Registrar, and then only in the presence of such Registrar, or in the presence of some person holding an appointment under this Act, and not so as to 25 take a copy of any such Design, or of any part thereof, nor without paying for every such inspection such fee as aforesaid: Provided always, That it shall be lawful for the said Registrar to give to any person applying to him and producing a particular Design, together with the registration-mark thereof, or producing such registration30 mark only, a Certificate stating whether of such Design there be any Copyright existing, and if there be, in respect to what particular article of manufacture, or substance, such Copyright exists, and the term of such Copyright, and the date of registration, and also the name and address of the registered Proprietor thereof. 35 And be it Enacted, That the Commissioners of the Treasury shall from time to time fix Fees to be paid for the services to be performed by the Registrar, as they shall deem requisite, to defray the expenses of the said office, and the salaries or other remuneration of the said Registrar, and of any other persons employed under him, with the sanction of the Commissioners of the Treasury, in the execution of |