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or from making, using, or selling any paper having waving or curved lines, or any other devices in the nature of watermarks visible in the substance of the paper, not being bar lines or laying wire lines, provided that they are not so contrived as to form the groundwork or texture of the paper, or to resemble the waving or curved laying wire lines or bar lines or the water-marks of the paper used by the Bank of England or the Bank of Ireland respectively; or

(c.) who engraves or makes in any manner, upon any plate or other thing, any note purporting to be a 2 bank-note, or blank bank-note, or any part thereof, or any name, word, or character resembling any subscription to any bill of exchange or promissory note issued by any company or person mentioned in the note; or

uses any such plate or thing, or any other instrument or device for making or printing any such 3 note, or part thereof, or knowingly has in his possession any such plate, thing, or instrument, or device; or

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knowingly utters or has in his possession any paper on which is made or printed any blank bank-note, or part of a bank-note, or any word, name, or character resembling any subscription thereto; or

(d.) who engraves or makes upon any material what

It may possibly mean "nothing in this section prevents any person from issuing any note having the amount expressed in guineas, whatever kind of paper he may use for the purpose, or any note having the amount thereof expressed in numerical figures, denoting its value in pounds sterling, and appearing visible," &c.

124 & 25 Vict. c. 98, s. 16.

2 64 'Any promissory note, bill of exchange, or bank post bill, or part of a promissory note, bill of exchange, or bank post bill, purporting to be a bank-note, bank bill of exchange, or bank post bill of the Governor and Company of the Bank of England, or of the Governor and Company of the Bank of Ireland, or of any other body corporate, company, or persons carrying on the business of bankers, or to be a blank bank-note," &c. (as before, inserting "blank before "bank "). It is almost impossible to be sure whether these sections are quite correctly stated or not, the phraseology is quite bewildering.

3 Bank-note, bank bill of exchange, or bank post bill, or blank banknote," &c. (as before, inserting "blank before "bank ").

+ Blank bank-note, blank bank bill of exchange, or blank post bill of the Governor and Company, &c., repeating the persons named in Note 2, above.

524 & 25 Vict. c. 98, s. 17.

ever1 any word, number, figure, device, character, or ornament, the impression taken from which resembles any part of a 2 bank-note; or

uses or knowingly has in his custody or possession 1any material or instrument or device for impressing or making any such impression as aforesaid upon any paper or other material; or

knowingly utters or has in his custody or possession 1 any paper or other material upon which there is any such impression; or

(e.) 3 who makes or uses any frame, mould, or instrument for the manufacture of paper with the name or firm of any 4 bank (other than the Bank of England and the Bank of Ireland) appearing visible in the substance of the paper; or

knowingly has in his custody or possession any such frame, mould, or instrument; or

makes, uses, sells, exposes to sale, utters, or knowingly has in his custody or possession any such paper; or

by any art or contrivance causes any such name to appear visible in the substance of the paper upon which it is printed or written; or

(f) who engraves or makes upon any plate or upon any material any bill of exchange, promissory note, undertaking, or order for payment of money, or any part of any such document in any language, and, whether under seal or not, purporting to be a document of any foreign prince or state, or of any minister or officer in the service of any such prince or state, or of any corporation recognised by any such prince or state or of any person or company of persons resident out of Her Majesty's dominions; or uses or has in his possession any plate or material upon

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Any plate whatsoever, or any wood, stone, or other material." 2 See note (3), ante, p. 341.

3 24 & 25 Vict. c. 98, s. 18.

4 "body corporate, company, or person carrying on the business of

bankers."

5 24 & 25 Vict. c. 98, s. 19. Taking a positive impression of an Austrian note on glass by photography is a "making" within this section: R. v. Rivaldi, 1863, L. & C. 330.

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6 Upon any wood, stone, or other material."

which any such document, or any part thereof, is engraved; or

knowingly utters or has in his custody or possession any paper upon which any part of any such document is made or printed.

ARTICLE 397.

OFFENCES RELATING TO EXCHEQUER BILLS AND PAPER USED FOR THEM, SEVEN YEARS PENAL SERVITUDE.

Every one commits felony, and is liable upon conviction thereof to seven years penal servitude,

(a.) 1 who, without lawful authority or excuse (the proof whereof lies upon the party accused), makes, causes, or procures to be made, or aids or assists in making, or knowingly has in his possession,

(i.) any paper in the substance of which appears any thread or 2 device, or any part of any thread or device, peculiar to and appearing in the substance of paper 3 used for exchequer bills, and intended to imitate the same;

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(ii.) 5 any frame, mould, or instrument having therein any such device;

(iii) any machinery for working any thread into the substance of any paper, or any such thread, such instrument, machinery, or thread being intended to imitate any such device;

(iv.) any plate peculiarly employed for printing exchequer

1 24 & 25 Vict. c. 98, s. 10.

2 "words, letters, figures, marks, lines, threads, or other devices."

3 "Provided, or to be provided or used."

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Exchequer bills, bonds, or debentures."

5 24 & 25 Vict. c. 98, s. 9. Bill": 40 Vict. c. 2, s. 10.

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Exchequer Bill" includes "Treasury

"Device" here has the same meaning as in note (2), except the word "thread."

7 24 & 25 Vict. c. 98, part of s. 9. The language thus paraphrased is exceedingly clumsy: "any. instrument having therein any words, &c., or any machinery for working any threads, &c., or any such thread, and intended to imitate such words," &c. The words in italics are hardly grammatical, but I suppose they mean what is stated in the text.

24 & 25 Vict. c. 98, s. 9. Exchequer bill includes Treasury bill throughout this Article, 40 Vict. c. 2, s. 10.

bills, or any die or seal peculiarly used for preparing any such plate or for sealing exchequer bills, or any plate, die, or seal intended to imitate any such plate, die, or seal; or

(b.) 1 who causes, or assists in causing, any such device, or any part of any such device as aforesaid, and intended to imitate the same, to appear in the substance of any paper whatever; or

(c.) 2 who takes, or assists in taking, any impression of any such plate, die, or seal as is mentioned in clause (a.) (iv.)

ARTICLE 398.

THE LIKE; THREE YEARS IMPRISONMENT.

3 Every one commits a misdemeanor, and is liable upon conviction thereof to imprisonment for three years with hard labour, who

(a.) purchases or receives or knowingly has in his custody or possession any such plate, die, or seal as is mentioned in clause (a.) (iv.) of the last Article; or

(b.) who purchases or receives or knowingly has in his possession or custody any paper provided by or under the direction of the Commissioners of Inland Revenue or of the Treasury for the purpose of being used as exchequer bills before such paper is duly stamped, signed, and issued for public use.

ARTICLE 399.

"TRADE MARK AND TRADE DESCRIPTION" DEFINED.

4" Trade mark means a trade mark registered in the register of trade marks kept under the Patents, Designs, 1 24 & 25 Vict. c. 98, s. 10.

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2 lbid.

3 Ibid.

50 & 51 Vict. c. 28, s. 3 (1), and see the same place for definitions of goods," " person," &c. The provisions of the Merchandise. Marks Act 1887, as to the application of a false trade description to goods, extend to the application to goods of marks, &c., reasonably calculated to mislead as to who are the manufacturers or merchants thereof. The same provisions, and similar provisions as to the goods themselves, apply to the

and Trade Marks Act 1883, and includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign state to which the provisions of section 103 of the said Act are, under order in Council for the time being, applicable ; ·

"Trade description" means any description, statement, or other indication, direct or indirect, (a) as to the number, quantity, measure, gauge, or weight of any goods, or (b) as to the place or country in which any goods were made or produced, or (c) as to the mode of manufacturing or producing any goods, or (d) as to the material of which any goods are composed, or (e) as to any goods being the subject of an existing patent, privilege, or copyright; and the use of any figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, is a trade description within the meaning of this Act.

"False trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade mark, does not prevent such trade description being a false trade description within the meaning of this Act.

application of a false name or initials, as to which see the Act; Ibid. s. 3, (2) and (3), considerably abbreviated. As to when the name of a country on a watch-case amounts to a trade description, see Ibid. s. 7, and as to false declarations in connection therewith, see Ibid. s. 8. If a trade description on 23rd August 1887 was lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of the Merchandise Marks Act 1887 with respect to false trade descriptions, as to which see Art. 400, do not apply to such trade description when so applied: but exceptions exist where the trade description includes the name of a place or country; Ibid. s. 18.

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