The Sun.
London, England, 1864-01-04 00:00:00

bU:.` OFFICE, HALE-PAST 4 o'CLocK_

AMERICA.

(REUTER'S TELEGRAM.)
(Per the Canada.)
NEW YORK, DEC. 21, Afternoera.
The Richmend papers of the 19th report f;tom
Charleston that the Ironsides and three monitors
became entangled whilst endeavouring to p:<ss the
obstructions in the harbour. 'khe Ironsides would
probably have to be abandoned, and two monitors
were badly injured.
Three pirates captured on board the Chesapeake
were taken from the authorities by the mob whilst
being landed at Halifax, end set free.
The schooner Genety, from Matamoras for New
Yolk with cotton, has been captured at sea by six
men who shipped as passengers.
The situation is generally unchanged-

T 1 I ' 1 EDITION

SUN OFFICE, SEVEN O'CLOCK.

SPORTING INTELLIGENCE.---This Day.

TATTERSALLS'.-THIS EVENING.

TWO THOUSAND.
sto 1 agst Fille de I'Air (offered)
.00 to 15 agst Paris (taken)
7to 1 agst Cambuscan (offered)

THE DERBY.
11 to 1 agst Scottish Chief (offered)
100 to 8 agst Paris (taken)
100 to 7 agst Cambuscan (taken and offered)
100 to 6 aget Blair Athol (taken)
100 to 6 agst Forager (20 to 1 laid once)
25 to 1 agst Coup d'Etat (taken)
27 to 1 agst Historian (taken)
33 to 1 agst Birch Broom (taken)
33 to 1 agst Appenine (taken)
40 to 1 agst Claremont (taken)
1000 to 15 agst FitzAdine (taken)
1000 to 15 agst Horse Marine (taken)
1000 to 10 agst The Count (taken)

FRAUDULENT TRADE MARKS.

On the Ist of January an important Act of Par-

;lament, the main provisions of which it concerns
all persons engaged in trade of every description to
know, came into practica! operation for the first
time. It may be the more necessary to explain the
scope and objects of this statute, since it was passed
in August, 1862, more than a year ago. The act,
besides, is of a most stringent character with re-
spect to penalties, and by a network of provisions,
carefully devised, aims at the punishment and sup-
pression of any conceivable fraud in the marking of
merchandise and the sale of merchandise falsely
marked. Its short title is " The Merchandise Marks
Act, 1862," and it makes it a misdemeanour to forge
or counterfeit any trade mark or falsely to apply
any such trade mark, with intent to defraud,
whatever the article to which it may be applied,
whether it be a cask, bottle, stopper, vessel, case,
cover, wrapper, band, reel ticket, label, or any other
thing in or with which any commodity is sold, or
intended to be sold. Again, it is henceforth an
offence for any one to sell or expose, either for sale
or for any other purpose of trade or manufacture,
articles with forged or false trade marks attached,
the penalty being the forfeiture of a sum of money
equal to the value of such articles, and a sum besides
not exceeding £5 nor less than 10s. By another
provision every addition to and every alteration and
imitation of any trade mark made with intent to
defraud—the intent being of the essence of the
offence in all cases—are to be deemed for-
geries, and punishable as such—namely, in addi-
tion to the penalties for misdemeanour, by the for-
feiture of every instrument used for the purpose of
the fraud, and of every article to which such false
mark shall be applied. It is made obligatory on
every person who shall sell an article having a falee
trade mark to give information, on a demand in
writing being made upon him, as to where he pro-
cured it; and power is given to justices of the
peace to summon parties refusing or neglecting to
afford such information, and, in the event of their
persisting in their neglect or refusal, to impose a
penalty of £5. Further, to mark any false indica-
tion of quantity upon an article with intent to de-
fraud, is made punishable by a penalty equal to the
value of the article, and the payment of an addi-
tional sum not exceeding £5 and Lot less than 10s.
This provision will apply, among other cases, to the
familiar instances of pale ale sold in bottles, and of
cotton reels and the like on which the contents are
falsely denoted. A conviction under the power of
the act is not to affect any right or civil remedy to
which any person aggrieved may be entitled at
law, in equity, or other wise ; nor in any indict-
ment, information, or proceeding under irs provi-
sions need an intent to defraud aay person in par-
ticular be alleged or proved. The puniehtnent on
conviction of any offence which by the act is m ezle
a misdemeanour is to be, at the discretion of the
Court, imprisonment for not more than two years,
with or without hard labour, or by fine, or both
by imprisonment with or without hard labour and
fine, and alto by imprisonment until the fine (If
any) shall have been paid and satisfied. The time
within which any action or proceeding may be com-
menced for the recovery of penalties or procuring a
conviction is limited to three years next after the com-
mission of the offence, or one year after its first dis-
covery by the person proceeding. There is a clause
according to which the vendor of an article with a
trade mark is to be deemed to warrant or contract
with the purchaser that the mark is genuine, unless
the contrary shall be expressed in some writing
signed by or on behalf of the vendor and delivered
to and accepted by the purchaser. The seller of
an article, too, with a description upon it of its
quantity, is to be deemed to contract and warrant
that the description is true, unless, as before, the
contrary shall be expressed in writing delivered
to and accepted by the buyer. This again
will apply to the familiar exatnp e among others
of pale ale in bottles on which the contents
aro indicated. In suits at law or in equity
against persons for using forged trade marks the
Court may not only order the article to be destroyed,
but may by injunction command the defendant to
forbear from repeating the offence upon pain of
contempt of Court. A plaintiff suing for a penalty
under the act may be compelled to give security for
costs, and, on the other hand, a defendant, in case
of judgment going in his favour, is to have a full
indemnity for costs. The act is not in any way to
affect the rights and privileges of the Corporation of
Cutlers, nor to repeal or make void any of the pro-
visions of the statute 59th Geo. 111., cap 7, which
regulates the cutlery trade in England.

SHIPPING—This Day.

LONDON, Jan. 4.—Wind this day at noon—East
fresh breeze, and fine weather, very sharp frost.
(BY ELECTRIC TELEGRAPH.)
PLYMOUTH, Jan. 4. a.m.
The paddlewheel steam sloop Hecate (6), trom the Pacific
station, which left Vancouver's Island in December, 1862,
arrived in the Sound this morning. She touched at Madeira.
The screw steamship Conqueror (78), Captain Luard, had
touched at the island, and left, the day before the Hecate
departed. The Conqueror sailed from Plymouth 19th De-
cember, 1863, with the battalion of Royal Marines., under
command of Colonel Sather, for service in Japan.
(BY MAGNETIC TELEGRAPH.)
GRAVESEND, Monday Morning.
Arrived, Jan. 3.—Coulie, from Gritswald ; Zephyr, from
Hamburg; Ann Fleming, from Dantzic ; Abraham, from
Brussels; Josephine, from Riga; Waoka, from Embdeu ;
Augusta, from Memel ; Countess of Lonsd ale, from Antwerp.
Arrived, Jan. 4.—Mareuida, from Embden ; Marg,:tretta,
from Dautzic.

DEAL, 110Edey 'Morning.
Passed.—Whinfell, from London. for Hongkong.

SEASONABLE LIBERALTTY.—Tho members for
Salisbury—Lieut.-General I3uckley, and Mr. Matthew
Henry Marsh—have just forwarded. to the mayor of that
city (Mr. John Waters) £5O each, to be distributed by him
and the members of the town council in small sums croon;
the deserving poor of the town. .
ITRELAND.—
MILDNESS OF THE WEATIIER I
A
correspondent says—We have seen this week in King's
county a bouquet of wild Sowers, containing some dezen
specimens of daises, buttercups, cranesbill, and primresst
the latter with all the perfume of spring. This is almost
unprecedented, and testifies to the genial mildness of the
present winter in a reulzakablu taauLtx,