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

defraud—the intent being of the essence of the
offence i❑ all cases—are to be deemed for-
geries, and punishable as such—namely, in addi-
tion to the penalties for misdemeanour, by the for-

'eiture of every instrument used for the purpose of
he 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 false
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 finch 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 S 5 and rot 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 otherwise; nor in any indict-
ment, information, or proceeding under its provi-
sions need an intent to defraud any person in par-
ticular be alleged or proved. The punishment on
conviction of any offence which by the act is made
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 also 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
conviction is limited to three years next afterthecom-
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 examp e among others
of pale ale in bottles on which the contents
are 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
ineemnity for costs. Tne 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.