PUBLIC WORKS.

CAP. XXX.-An Act to amend an Act of the last session for authorizing Advances of Money out of the Consolidated Fund for carrying on Public Works and Fisheries for Employment of the Poor, and for facilitating the Construction and Improvement of Harbours, and for other purposes. (30th June, 1862.)

Instalments may be issued when required for purposes of loans under the 24th and 25th Vict. c. 80, instead of quarterly.

PRIVATE ESTATES OF THE CROWN.

CAP. XXXVII.-An Act to remove doubts concerning, and to amend the law relating to, the Private Estates of her Majesty, her heirs and successors. (17th July, 1862.)

The restrictions of 1 Anne c. 7, and 1 G. III. c. 1, and 34 G. III. c. 73, not to extend to the private estates of the sovereign. Leasehold estates other than in Scotland to be vested in trustees, and the private estates of the sovereign in Scotland, held under a superior or on lease, to be vested in trustees. The private estates of her Majesty, her heirs and successors, may be disposed of in the manner provided by the 4th sect. of 39 and 40 G. III. c. 38, but the will shall not require publication, and every such will to take effect as if it had been executed immediately before the death of the testator or testatrix unless a contrary intention shall appear by the will or other testamentary disposition. The private estates of the sovereign to be subject to taxes to be paid out of the privy purse.

SALE OF SPIRITS.

CAP. XXXVIII.—An Act to amend the laws relating to the Sale of Spirits. (17th July, 1862.)

Repeal of a clause in 24 G. II., c. 40, enacting that no action should be brought to recover any debt for spirituous liquors, unless contracted at one time to the amount of 20s.

COPYRIGHT IN WORKS OF FINE ART.

CAP. LXVIII.-An Act for amending the law relating to Copyright in works of the Fine Arts, and for repressing the Commission of Fraud in the production and sale of such works. (29th July, 1862.)

Copyright in paintings, drawings, and photographs to vest in author during life and seven years. Not to prevent the representation of scenes or objects previously represented. Copyright personal property. Assignments and licences, &c. to be in writing. Registers of proprietors of such copyright to be kept at Stationers' Hall. The several enactments of 6th Vict. to apply to said registers. Penalties were imposed on certain frauds in the production and sale of works of fine art, whether copyright or not. The superior courts in actions pending therein may make orders for injunctions, &c. The importation of pirated copies prohibited; such copies to be seized at Customs. Saving of action for damages. The provisions of 7 and 8 Vict. c. 12, to be included in this Act.

CLAUSE 6.-If the author of any painting, drawing, or photograph in which there shall be subsisting copyright, after having sold or disposed of such copyright, or if any other person not being the proprietor for the time being of copyright in any painting, drawing, or photograph, shall, without the consent of such proprietor, repeat, copy, colourably imitate, or

otherwise multiply for sale, hire, exhibition, or distribution, or cause or procure to be repeated, copied, colourably imitated, or otherwise multiplied for sale, hire, exhibition, or distribution, any such work or the design thereof, or, knowing that any such repetition, copy, or other imitation has been unlawfully made, shall import into any part of the United Kingdom, or sell, publish, let to hire, exhibit, or distribute, or offer for sale, hire, exhibition, or distribution, or cause or procure to be imported, sold, published, let to hire, distributed, or offered for sale, hire, exhibition, or distribution, any repetition, copy, or imitation of the said work, or the design thereof, made without such consent as aforesaid, such person, for every such offence, shall forfeit to the proprietor of the copyright for the time being a sum not exceeding 107.; and all such repetitions, copies, and imitations made without such consent as aforesaid, and all negatives of photographs made for the purpose of obtaining such copies, shall be forfeited to the proprietor of the copyright.

CLAUSE 7.-No person shall do, or cause to be done, any or either of the following acts; that is to say. First, no person shall fraudulently sign or otherwise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any painting, drawing, or photograph, or the negative thereof, any name, initials, or monogram. Secondly, no person shall fraudulently sell, publish, exhibit, or dispose of, or offer for sale, exhibition, or distribution, any painting, drawing, or photograph, or negative of a photograph, having thereon the name, initials, or monogram, of a person who did not execute or make such work. Thirdly, no person shall fraudulently utter, dispose of, or put off, or cause to be uttered or disposed of, any copy or colourable imitation of any painting, drawing, or photograph, or negative of a photograph, whether there shall be subsisting copyright therein or not, as having been made or executed by the author or maker of the original work from which such copy or imitation shall have been taken. Fourthly, where the author or maker of any painting, drawing, or photograph, or negative of a photograph, made either before or after the passing of this Act, shall have sold or otherwise parted with the possession of such work, if any alteration shall afterwards be made therein by any other person, by addition or otherwise, no person shall be at liberty, during the life of the author or maker of such work, without his consent, to make, or knowingly to sell or publish, or offer for sale, such work or any copies of such work so altered as aforesaid, or of any part thereof, as or for the unaltered work of such author or maker. Every offender under this section shall, upon conviction, forfeit to the person aggrieved a sum not exceeding 10%., or not exceeding double the full price, if any, at which all such copies, engravings, imitations, or altered works shall have been sold or offered for sale; and all such copies, engravings, imitations, or altered works shall be forfeited to the person, or the assigns or legal representatives of the person, whose name, initials, or monogram shall be so fraudulently signed or affixed thereto, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid: provided always, that the penalties imposed by this section shall not be incurred unless the person whose name, initials, or monogram shall be so fraudulently signed or affixed, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within twenty years next before the time when the offence may have been committed.

CLAUSE 11.-If the author of any painting, drawing or photograph, in which there shall be subsisting copyright, after having sold or otherwise disposed of such copyright, or if any other person, not being the proprietor for the time being of such copyright, shall, without the consent of such proprietor, repeat, copy, colourably imitate, or otherwise multiply, or cause or procure to be repeated, copied, colourably imitated, or otherwise multiplied, for sale, hire, exhibition, or distribution, any such work or the design thereof, or the negative of any such photograph, or shall import or cause to be imported into any part of the United Kingdom, or sell, publish, let to hire, exhibit, or distribute, or offer for sale, hire, exhibition, or distribution, or cause or procure to be sold, published, let to hire, exhibited, or distributed, or offered for sale, hire, exhibition, or distribution, any repetition, copy, or imitation of such work, or the design thereof, or the negative of any such photograph, made without such consent as aforesaid, then every such proprietor, in addition to the remedies hereby given for the recovery of any such penalties, and forfeiture of any such things as aforesaid, may recover damages by and in a special action on the case, to be brought against the person so offending, and may in such action recover and enforce the delivery to him of all unlawful repetitions, copies, and imitations, and negatives of photographs, or may recover damages for the retention or conversion thereof: provided that nothing herein contained, nor any proceeding, conviction, or judgment, for any act hereby forbidden, shall affect any remedy which any person aggrieved by such act may be entitled to, either at law or in equity.

GREAT BRITAIN AND IRELAND.

EXCISE ON SUGAR.

CAP. LXXXIV.-An Act to continue the Duties of Excise on Sugar made in the United Kingdom, and to amend the Laws relating to the Duties of Excise. (7th August, 1864.)

Excise duties on British sugar continued until 1st July, 1863.

Act 23 and 24 Vict., c. 114, not to affect any other duties than the excise duties on spirits.

INDUSTRIAL AND PROVIDENT SOCIETIES.

CAP. LXXXVII.-An Act to consolidate and amend the Laws relating to Industrial and Provident Societies. (7th August, 1862.)

Any number of persons not being less than seven may establish a society for the purpose of carrying on any labour, trade, or handicraft, except the working of mines, the business of banking, and applying the profits for any purposes allowed by the Friendly Societies' Act or otherwise permitted by law.

The rules must be registered, and the certificate of registration vests all property on the society, which may be vested in any person in trust for the society. Copy of rules to be remitted to each member. No member's interest to exceed the sum of 2001. Every society so registered must publish its name, with the word "limited" as the last word. Each member to continue liable for one year.

MERCHANDIZE TRADE MARKS.

CAP. LXXXVIII.-An Act to amend the Law relating to the fraudulent marking of Merchandize. (7th August, 1862.)

Forging a trade-mark, or falsely applying any trade-mark with intent to defraud, a misdemeanour.. Applying a forged trade-mark to any vesselcase, wrapper, &c., in or with which any article is sold, or intended to be sold, a misdemeanour. Knowingly selling articles with forged or false trademark, subject to a penalty equal to the value of articles sold, and a sum not exceeding 5l. nor less than 108. Additions to, and alterations of, trademarks, made with intent to defraud, to be deemed forgeries. Any person who shall have sold an article having a false trade-mark to be bound to give information where he procured it. Marking any false indication of quantity, measure, or weight, upon an article, with intent to defraud, subject to a penalty of a sum equal to the value of the article, and further sum not exceeding 51. and not less than 108. Knowingly selling, or exposing for sale, after the 31st December, 1863, articles, with false statements of quantities, &c., penalty not more than 5. or less than 5s. It shall not be an offence to apply names or words known to be used for indicating particular classes of manufactures. A conviction not to affect any right or civil remedy. An intent to defraud any particular person need not be alleged in an indictment, &c., or proved. After the 31st December, 1863, the vendor of an article with a trade-mark to be deemed to contract that the mark is genuine. And vendor of an article, with description upon it of its quantity, to be deemed to contract that the description was true. Persons aggrieved by forgeries may receive damages against the guilty parties.

The following is the definition of trade-marks in the first clause of the statute: The word "mark" shall include any name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other mark of any other description; and the expression "trade-mark" shall include any and every such name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other mark as aforesaid lawfully used by any person to denote any chattel, or (in Scot

land) any article of trade, manufacture, or merchandise, to be an article or thing of the manufacture, workmanship, production, or merchandise of such person, or to be an article or thing of any peculiar or particular description made or sold by such person, and shall also include any name, signature, word, letter, number, figure, mark, or sign which, in pursuance of any statute or statutes for the time being in force relating to registered designs, is to be put or placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under the provisions of such statutes or any of them; the word "misdemeanour” shall include crime and offence in Scotland; and the word "court" shall include any sheriff or sheriff substitute in Scotland.

COMPANIES.

CAP. LXXXIX.-An Act for the Incorporation, Regulation, and Winding-up of Trading Companies and other Associations. (7th August, 1862.)

No company of more than ten persons shall be formed for banking purposes, unless registered; and no company of more than twenty persons for any business, that has for its object the acquisition of gain, to be formed, unless registered under this Act, or in pursuance of some other act, or is a company for working mines, with the jurisdiction of the stannaries. Any seven or more persons may form a company with or without limited liability, by subscribing their names to a memorandum of association. The liability may be limited to the amount of any unpaid of the shares, or to such amount as the members may undertake. În a limited liability the memorandum of association (that is to say):

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(1.) The name of the proposed company, with the addition of the word "limited" as the last word in such name. (2.) The part of the United Kingdom, whether England, Scotland, or Ireland, in which the registered office of the company is proposed to be situate. (3.) The objects for which the proposed company is to be established. (4.) A declaration that the liability of the members is limited. (5.) The amount of capital with which the company proposes to be registered, divided into shares of a certain fixed amount.

Subject to the following regulations:

(1.) That no subscriber shall take less than one share. (2.) That each subscriber of the memorandum of association shall write opposite to his name the number of shares he takes.

The memorandum of association of a company limited must contain the following things (that is to say):

(1.) The name of the proposed company, with the addition of the word "limited" as the last word in such name. (2.) The part of the United Kingdom, whether England, Scotland, or Ireland, in which the registered office of the company is proposed to be situate. (3.) The objects for which the proposed company is to be established. (4.) A declaration that each member undertakes to contribute to the assets of the company, in the event of the same being wound up, during the time that he is a member, or within one year afterwards, for payment of the debts and liabilities of the company contracted before the time at which he ceases to be a member, and of the costs, charges, and expenses of winding up the company, and for the adjustment of the rights of the contributories amongst themselves, such amount as may be required, not exceeding a specified amount.

The memorandum of association of an unlimited company must contain

(1.) The name of the proposed company. (2.) The part of the United Kingdom, whether England, Scotland, or Ireland, in which the registered office of the company is proposed to be situate. (3.) The object for which the proposed company is to be established.

The articles of association must be signed and registered and must be printed, and stamped, and signed by each subscriber duly attested, and, when completed, the memorandum and articles must be sent to the registrar,

who will register the same, by which the company becomes a body corporate, capable of exercising all the functions of an incorporate company. No company to be registered under a name identical with that of a subsisting company. The shares are held to be personal estate and transferable. The subscriber to the memorandum to be deemed to be a member of the company. Every company must keep one or more register of members, and must make an annual list of members, specifying the following particulars:

(1.) The amount of the capital of the company, and the number of shares into which it is divided. (2.) The number of shares taken from the commencement of the company up to the date of the summary. (3.) The amount of calls made on each share. (4.) The total amount of calls received. (5.) The total amount of calls unpaid. (6.) The total amount of shares forfeited. (7.) The names, addresses, and occupations of the persons who have ceased to be members since the last list was made, and the number of shares held by each of them.

There is a penalty for not keeping a proper register. The register must be kept open, at least, two hours in each day. In case of any increase of capital and of members, notice must be given to the registrar.

In case the company is wound up, the liability of past members is regulated as follows:

(1.) No past member shall be liable to contribute to the assets of the company if he has ceased to be a member for a period of one year or upwards prior to the commencement of the winding-up. (2.) No past member shall be liable to contribute in respect of any debt or liability of the company contracted after the time at which he ceased to be a member. (3.) No past member shall be liable to contribute to the assets of the company unless it appears to the court that the existing members are unable to satisfy the contributions required to be made by them in pursuance of this act. (4.) In the case of a company limited by shares, no contribution shall be required from any member exceeding the amount, if any, unpaid on the shares in respect of which he is liable as a present or past member. (5.) In the case of a company limited by guarantee, no contribution shall be required from any member exceeding the amount of the undertaking entered into on his behalf by the memorandum of association. (6.) Nothing in this Act contained shall invalidate any provision contained in any policy of insurance or other contract whereby the liability of individual members upon any such policy or contract is restricted, or whereby the funds of the company are alone made liable in respect of such policy or contract. (7.) Ño sum due to any member of a company, in his character of a member, by way of dividends, profits, or otherwise, shall be deemed to be a debt of the company, payable to such member in a case of competition between himself and any other creditor not being a member of the company; but any such sum may be taken into account, for the purposes of the final adjustment of the rights of the contributories amongst themselves.

Every company must have a registered office, and every limited company must publish its name and keep its name painted or affixed upon the outside of its office, and on all bills, invoices, &c., subject to penalties for the non-publication and personal liability to writers on the part of the manager. The company to keep a register of mortgages. No business carried on by the company when the number of members is reduced below seven. company has power to alter any of the regulations of the company by a special resolution which is defined as follows:

The

CLAUSE 51.-A resolution passed by a company under this Act shall be deemed to be special whenever a resolution has been passed by a majority of not less than three-fourths of such members of the company for the time being entitled, according to the regulations of the company, to vote as may be present, in person or by proxy (in cases where by the regula tions of the company proxies are allowed), at any general meeting of which notice specifying the intention to propose such resolution has been duly given, and such resolution has been confirmed by a majority of such members for the time being entitled, according to the regulations of the company, to vote as may be present, in person or by proxy, at a subsequent general meeting, of which notice has been duly given, and held at an interval of not less than fourteen days, nor more than one month from the date of the meeting at which such resolution was first passed: at any meeting mentioned in this section, unless a poll is demanded by at least five members, a declaration of the chairman that the resolution has been carried shall be deemed conclusive evidence of the fact, without proof of the number or proportion of the votes recorded in favour of or against the same: notice of any meeting shall,