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16. Westminster Board officers.
7. Borrowing by library authorities.] Sections two meetings. or from the occupier for the time being in the same
hundred and thirty-three, two hundred and thirty18. Payment of collectors of rates in Westminster. manner as water rates may by law be recovered : four, and two hundred and thirty-six to two
19. Short title.]. Metropolis Management (Bat. Provided always, that proceedings shall not be hundred and thirty-nine, both inclusive, of the tersea and Westminster) Act, 1887.
taken against the occupier until notice shall have Public Health Act, 1875' [38 & 39 Vict. c. 55), been given to him or left at his dwelling-house to
shall apply, with the necessary modifications, to pay the amount due for water rate out of the rent all money borrowed by any library authority after CAP. XVIII.
then due or that may thereafter become due from the passing of this Act, as if the library authority An Act to amend the Trusts (Scotland), Act, him, and he shall have omitted so to pay such were an urban sanitary authority and as if refer. 1867.
[12th July 1887. water rate ; and provided also, that no greater ences to the Public Libraries (England) Acts, 1855 sum shall be recovered at any one time from any
to 1887, were substituted in those sections and in CAP. XIX.
such occupier than the amount of rent owing by the forms therein mentioned for references to the
him, or which shall have accrued due from him Sanitary Acts or the Public Health Act, 1875. An Act to provide for the Fencing of Quarries. since such notice shall have been given or left as
So much of section seventeen of the principal [19th July 1887. aforesaid, and that every such occupier shall be act as incorporates the clauses and provisions of Whereas it is expedient to provide for the entitled to deduct from the rent payable by him
the Companies Clauses Consolidation Act, 1845, fencing of quarries in England and Wales : the sum so recovered from him or which he shall with respect to the borrowing of money on mort. Be it therefore enacted, &c. : have paid on demand.
gage or bond is hereby repealed except as to any
money borrowed before the passing of this Act. 1. Short title.] This Act may be cited as the 5. Penalty on cutting off of supply in contravention Quarry (Fencing) Act, 1887.
of the Act.] In the event of any such supply being 8. Transfer to Local Government Board of certain 2. Commencement of Act.] This Act shall not come cut off in contravention of this Act, the company functions of Treasury.] The powers and duties of
Her Majesty's Treasury into operation until the first day of January one cutting off the same shall be liable to a penalty the Commissioners of thousand eight hundred and eighty-eight.
not exceeding five pounds for each day during under the Public Libraries (England) Acts, 1855
which the water shall remain cut off, which to 1887, shall from and after the passing of this 3. Fencing of quarries.] Where any quarry dan penalty shall be recoverable summarily from the Act bé transferred to the Local Government gerous to the public is in open or uninclosed land, company by, and shall be paid to, the person Board, and sections sixteen and eighteen of the within fifty yards of a highway or place of public resort dedicated to the public, and is not separated aggrieved.
principal Act shall be construed and have effect as
if a reference to the approval of the Local Governtherefrom by a secure and sufficient fence, it shall
ment Board were therein substituted for a referbe kept reasonably fenced for the prevention of
ence to the approval of Her Majesty's Treasury. accidents, and unless so kept shall be deemed to be An Act to amend the Public Libraries Acts. a nuisance liable to be dealt with summarily in
[8th August 1887. 9. Provision as to parish partly within and partly manner provided by the Public Health Act, 1875. Be it enacted, &c. :
without a borough or district.] Where any parish is 4. Interpretation.] In this Act
partly within and partly without any borough or The term “ quarry” includes every pit or open
district which shall have adopted or shall contem. ing made for the purpose of getting stone, slates, lime, chalk, clay, gravel, or sand, but Public Libraries Acts Amendment Act, 1887, and shall, for the purposes of the fourth section of the 1: Short titles.] This Act may be cited as the plate the adoption of the principal Act, the part
of such parish without the borough or district not any natural opening.
may, together with the Acts mentioned in the Public Libraries Amendment Act (England and 5. Extent of Act.] This Act shall not extend to schedule hereto, be cited as the Public Libraries Scotland), 1866 (29 & 30 Vict. c. 114), be con Scotland and Ireland. (England) Acts, 1855 to 1887.
sidered a parish within the meaning of the said CAP. XX.
2. Construction of Act.] This Act shall be con- section; and the overseers of the poor for the said
strued with the Public Libraries (England) Acts, parish shall, for the purposes of the said section, An Act to make better provision for the pre- 1855 to 1884, and expressions used in this Act be considered the overseers of the part of the
vention and punishment of Crime in Ireland, shall, unless the context requires a different con- parish situate without the borough or district, and and for other purposes relating thereto. struction, have the same meaning as in those Acts, the expenses referred to in the said section shall,
[19th July 1887. and where any section in any of those Acts has so far as such part of the parish is concerned, be
been modified by a subsequent Act, the reference defrayed out of a rate to be levied by the overseers CAP. XXI.
herein made to such section shall be construed to in such part of the parish, either as an addition to An Act to limit the Powers of the Water Com- shall have effect accordingly. refer to the section so modified, and the reference the poor rate, or as a separate rate to be made and
recovered in the same way as a poor rate, and to panies to cut off the Tenants Water Supply
be subject to the same rights of appeal. where the rate is paid by the landlord.
3. Extent of Act.] This Act shall not apply to [8th August 1887. Scotland, Ireland, or the city of London.
Provisions affecting the Metropolis only. Whereas it is expedient to make further pro 4. Definitions.] In this Actvision with respect to the powers of companies
10. Power for district in the metropolis to adopt the
Metropolis" shall mean the metropolis as de Act.] In the metropolis any district shall have supplying water for profit in England :
fined by the Metropolis Management Act, power to adopt the principal Act, and for such Be it therefore enacted, &c. :
1855 [18 & 19 Vict. c. 120], excluding the purpose the said Act shall be altered and have
city of London ; 1. Short title.] This Act may be cited as the
effect as follows:Water Companies (Regulation of Powers) Act,
“Library authority" means the Council, Com1887.
(1.) Sections eight, nine, twelve, fifteen, twentyor other persons or authority carrying into execution the Public
one, and twenty-two shall be read as if the 2. Extent of Act.] This Act shall not extend to
word "district” was substituted for the word
Libraries Acts. Scotland or Ireland.
District board” means a district board con
.parish”; and the words “district board”
instead of the word overseers " and the word 3. Application of Act.] This Act shall apply
stituted under the Metropolis Management to every water company which is a trading com.
Act, 1855, and “ district" shall have a cor
vestry" as the case may be. pany supplying water for profit, and to which any
(2.) Section thirteen shall not apply, and in:
stead thereof the following provisions shall of the provisions of the Waterworks Clauses Act, 5. Lending library.] The power to erect, estab.
have effect:1847, have been or shall be made applicable by any lish, and maintain a library, given by the Public
The expenses of calling and holding the special Act or Provisional Order confirmed by Libraries Act, 1855 [18 & 19 Vict. c. 70] (herein
meeting of the ratepayers, whether the Parliament, and every such special Act and Pro- after called the principal Act) shall be extended so
principal Act shall be adopted or not, and visional Order shall be deemed to be amended by as to empower the library authority to establish this Act, and shall be construed accordingly.
the expenses incurred by the Commis. and maintain a lending library without providing
sioners in carrying the said Act and the 4. Water not to be cut off where the water rate is any separate building for containing the same, and
Acts amending the same into execution in payable by the owner.] Where the owner and not the care and superintendence of such person as to enable them to place such lending library under
any district, to such amount as shall be the occupier is liable by law or by agreement with they shall think fit, and in a building or room not
from time to time sanctioned by the disthe water company to the payment of the water appropriated for the purposes of the said Act, or
trict board, shall be paid out of the funds rate in respect of any dwelling-house or part of a erected, purchased, or rented by the library
of the district board applicable to the dwelling-house occupied as a separate tenement, authority, and all the powers of the said Acts
general expenses incurred by them in the no water company shall cut off the water supply shall be applicable for the purposes of this sec
execution of the Metropolis Management for non-payment of the water rate, but such water
Act, 1855, and the sums required for the rate, without prejudice to the other remedies of tion.
purpose of defraying the expenses in: the company for enforcing payment thereof from
curred by the Commissioners as aforesaid such owner, shall, together with interest thereon fifteen of the principal Act as incorporates with 6. Amendment of Acts.] So much of section
shall be paid by the district board to at the rate of five pounds per centum per annum, computed from the expiration of one month from ment Clauses Act, 1847, is hereby repealed. that Act certain clauses of the Towns Improve
such person as shall be appointed by
the Commissioners to receive the same, the time when the same has been claimed by the
but nothing herein
contained shall company until receipt thereof by the company, be shall have effect as if the Public Libraries Act, The Public Libraries Amendment Act, 1877,
enable district boards to levy or expend a charge on such dwelling-house in priority to all 1855, were recited therein.
for the purposes of the principal Act and the Acts amending the same any greater
for the purposes of the principal Actual
General Pro isions.
so much of section seventeen of the prindra
incipal Act shall be construed and bare efect !
rict which shall have adopted or shall conta:
such parish without the borongh or district
Expenses referred to in the said section shall
ayed out of a rate to be levied by the orerets - ch part of the parish, either as an addition te poor rate, or as a separate rate to be made ani
ered in the same way as a poor rate, and to ubject to the same rights of appeal.
50 & 51 VICT. CAPS. XVIII.-XXVI. sum in any year than one penny in the payment of any loan by annual instalments, paypound. [See 34 & 35 Vict. c. 71, s. 3.]
(2) The court may, if it (3.) Section fourteen shall be read as if the words in a limited number of years.
ments in the nature of a rentcharge, or otherwise, the offender shall pay the co “district boards" were substituted for the
or some portion of the sam word “vestries"; the word “district” for 4. Pensions to vary with tithe averages.] In the and by such instalments as “parish "; and “funds applicable to the case of every pension awarded after the passing of
court. general expenses incurred; by the district board | this Act the amount of every half-yearly pay 2. Provision in case of offa in the execution of the Metropolis Management on account of such pension shall vary and conditions of his recognizane ment Act, 1855,” for “money to be raised for shall from time to time be regulated by the having power to deal with to the relief of the poor,” and section sixteen shall averages published, under the provisions of an of his original offence, or = be read as if the words “district board”
Act passed in the sixth and seventh years of His jurisdiction, is satisfied by substituted for the word “vestry," and the Majesty William the Fourth, chapter seventy-one, that the offender has failed words“ rates out of which the expenses of the in the month of January next preceding the date conditions of his recognize Commissioners are payable" for the words
of every such half-yearly payment, except that, if warrant for his apprehension “rates levied in pursuance of this Act.”
no part of the income of the benefice is derived (2) An offender, when app (4.) Where any parish has, previously, to the pension shall not be subject to variation. from tithe rentcharge, or glebe lands, then the warrant, shall, if not brou
the court having power passing of this Act, adopted the principal Act, or shall subsequently adopt the same :
5. Amendment of 34 $ 35 Vict. c. 44, s. 8.] Sec- brought before a court of (a.) No person shall, by reason of being a
tion eight of the principal Act shall be read as it and that court may either re ratepayer of such parish, be accounted as
the following words were added at the end of the until the time at which he a ratepayer of the district of which it section : " or be an amount which shall not leave a recognizance to appear for je forms a part.
sufficient income to secure the due performance of sitting of a court having p (6) No representative on the district board the services of the church, according to the scale of original offence, or may adı
for such parish shall take any part in any stipends, set forth in the eight-fifth section of the sufficient surety conditioned
(3) The offender when se (C) Such parish shall not be called upon to hundred and six"; and section eleven shall be contribute towards any expenses incurred,
read as if worded as follows: "The annual value committed to a prison, eit and no part of the funds of such parish of a benefice for the purposes of this Act shall be place in or for which the shall be expended in or towards calling or the net annual value, exclusive of the parsonage, acts, or for the county or pla
to appear for judgment, an holding the meeting of the ratepayers of vicarage, or other place of residence of the inthe district, or carrying the Act into execumbent, after deducting all rates, taxes, and
mand shall order that he b cution in the district.
charges assessed upon and payable out of the court before which he was (d) And, in every respect, such parish shall, benefice, which charges shall include the salary of judgment, or to answer as to
any annual payments in respect of any terminable 3. Conditions as to abode (e) Any question of accounts arising between bortgage having at the time of the sitting of the court, before directing the such parish and the other parishes in the
said Commission more than two years to run.” under this Act, shall be satis district, or between such parish and the 6. Set off of pension against sum due for dilapida
or his surety has a fixed placdistrict, in consequence of this section, tions.] If a retired clerk shall on retirement have occupation in the county o shall be decided finally by the Local become liable to the payment to his successor of
court acts, or in which the of Government Board. any, sum on account of dilapidations under the during the period named for
conditions. 11. Power of parish preserved.] This Act shall Ecclesiastical Dilapidations Act, 1871 [34 & 35
4. Definition of “court."] not deprive any parish in the metropolis of the Vict. c. 43), and shall not have paid such sum in
manner in the said Act mentioned, it shall be law.
court" includes a court
CAP. XX Provided that the amount so withheld in any An Act to provide Compen
one year shall not exceed one half the total SCHEDULE.
piers of Allotments and amount of the pension for such year without the
crops left in the ground Public LIBRARIES (ENGLAND) Acts. consent of the bishop of the diocese in which
Be it enacted, &c.:
1. Short title.] This Act in
Allotments and Cottage Ga An Act to amend the Crofters Holdings (Scot. for Crops Act, 1887. 18 & 19 Vict. The Public Libraries Act, 1855.
land) Act, 1886.
[8th August 1887.
2. Extent of Act.] This Ac
Scotland or Ireland or to the 29 & 30 Vict. The Public Libraries Amendment
3. Commencement of Act.] 1 c. 114 34 & 35 Vict. The Public Libraries Act, 1855, Act (England and Scotland), 1866. An Act to permit the conditional Release of into force on the first day of J First Offenders in certain cases.
eight hundred and eighty-eig Amendment Act, 1871.
this Act referred to as the co 40 & 41 Vict. The Public Libraries Amendment
[8th August 1887.
Whereas it is expedient to make provision for
4. Definitions.] In this Actcases where the reformation of persons convicted
" The metropolis
and all parishes and youth or the trivial nature of the offence, be
Schedules A, and a brought about without imprisonment:
Management Act, 1855
1. Power to court to release upon probation of good
" Allotment” means any
more than two acres in Act, 1871.
[8th August 1887. conduct instead of sentencing to punishment.] (1) In
any case in which a person is convicted of larceny tenant under a landlord Be it enacted, &c. : or false pretences, or any other offence punishable garden or as a farm, os
and partly as a farm. 1. Short title.} This Act_may be cited for all with not more than two years imprisonment before
“Cottage garden" purposes as the Incumbents Resignation Act, 1871, any, court, and no previous conviction is proved
to a garden.
“Holding" means an all Resignation Act, 1871 [34' & 35 Vict. c. 44), berein- he is so convicted that, regard being had to the
garden. after called the principal Act”), and this Act youth, character, and antecedents of the offender,
“Tenant" means the holde may together be cited as the Incumbents Resigna- to the trivial nature of the offence, and to any tion Acts, 1871 and 1887.
extenuating circumstances under which the offence a landlord for any terr
was committed, it is expedient that the offender be legal personal represen 2. Construction of Act.] This Act shall be con released on probation of good conduct, the court
tenant. strued together with the principal Act, and the may, instead of sentencing him at once to any “ Landlord” means the pe provisions herein contained shall have effect as punishment, direct that he be released on his being entitled to rece though they had been fully and expressly included entering into a recognizance, with or without profits of any holding. in the principal Act.
sureties, and during such period as the court may " Person” includes a body o 3. Definition of " terminable mortgage.”] The ex- direct, to appear and receive judgment when poration aggregate or so pression “terminable mortgage'
“ Contract of tenancy " in this Act called upon, and in the meantime to keep the
land for any term. means any mortgage created for securing the re- peace and be of good behaviour.
Prorusiims affecting the Metropolis only.
In the metropolis any district shall bere
Sections eight, nine, twelve, fifteen, twentyme, and twenty-two shall be read as if the Ford "district", was substituted for the won
purish"; and the words " district board stead of the word "overseers" and the word vestry" as the case may be. Nection thirteen shall not apply, and in: cad thereof the following provisions skin Bre effect :The expenses of calling and holding the meeting of the ratepayers, whether the principal Act shall be adopted or not, and the expenses incurred by the Commis sioners in carrying the said Act and the Acts amending the same into execution in any district, to such amount as shall be from time to time sanctioned by the disa trict board, shall be paid out of the funds of the district board applicable to the general expenses incurred by them in the execution of the Metropolis Management Act, 1855, and the sums required for the purpose of defraying the expenses in Carred by the Commissioners as aforesai shall be paid by the district board to such person as shall be appointed by the Commissioners to receive the same enable district boards to lery or express che Acts amending the same any great
but nothing herein contained start
“Determination of tenancy means the cessor 12. Power to proceed in absence of either party.] If the market authority fail to comply with the
of a contract of tenancy by effluxion of time The arbitrator may proceed in the absence of provisions of this section, it shall not be lawful for or from any other cause.
either party after notice given to both parties. them to demand, receive, or recover any toll whatThe designations of landlord and tenant shall 13. Form of award and time for its delivery.] The
ever in respect of any cattle brought to the market for the purposes of this Act continue to award shall be in writing signed by the arbitrator,
or fair for sale so long as such failure continues, apply to the parties to a contract of tenancy and shall be ready for delivery within fourteen
but this enactment shall not apply till after the until the conclusion of any proceedings days after his appointment, or within such ex
first day of January one thousand eight hundred taken under this Act on the determination tended time not exceeding in the whole twenty
and eighty-eight. of a tenancy. eight days after his appointment as the parties may respect of cattle in any market or fair to which
Any person who demands or receives any toll in 5. Compensation.] Upon the determination of the agree upon in writing. tenancy of a holding after the commencement of 14. Costs of arbitration.] The costs (if any) of and the market authority have not complied with the
for the time being this Act applies, but in which this Act the tenant shall be entitled notwithstand attending the arbitration including the remunera; provisions of this Act, shall be liable on summary ing any agreement to the contrary to obtain from tion (if any) of the arbitrator shall be borne and
conviction to a fine not exceeding five pounds. the landlord compensation in money for the fol- paid by the parties in such proportion as to the lowing matters and things, that is to say :arbitrator appears just, and the award may direct
5. Cattle to be weighed at option of seller or buyer.] (a.) For crops, including fruit, growing upon the payment of the whole or any part of the afore- Every person selling, offering for sale, or buying the holding in the ordinary course of culti said costs by the one party to the other, or may
any cattle in a market or fair provided with accomvation, and for fruit trees and fruit bushes declare that no costs shall be payable.
modation for weighing cattle may require such growing thereon, which have been planted
cattle to be weighed, and the tolls payable in 15. Day for payment.] The award shall fix a day respect of the weighing shall be paid by the person by the tenant with the previous consent in writing of the landlord.
not sooner than fourteen days after the delivery of (6.) For labour expended upon and for manure the award for the payment of the money awarded requiring the cattle to be weighed to the person
authorised by the market authority to receive the applied to the holding since the taking of for compensation, costs, or otherwise.
tolls. the last crop therefrom in anticipation of a 16. Award to be final.] The award shall be final
6. Penalty for refusal to weigh cattle or to give and conclusive in every case; and neither the
ticket, &c.] Every person appointed by the market (c.) For drains and for any outbuildings, pig- submission to arbitration nor the award shall be
authority to weigh cattle sold in the market or fair, sties, fowlhouses, or other structural im made a rule of any court, or be removable by any
whoprovements made by the tenant upon his process into any court. holding with the written consent of his
(a.) refuses or neglects to weigh the same when 17. Recovery of compensation money.] Where any required ; or landlord.
money agreed or awarded to be paid for compensa (6.) refuses or neglects to deliver to the seller or 6. Deduction from compensation on account of rent tion, costs, or otherwise, is not paid within fourteen buyer a ticket specifying the true weight of or breach of contract.] In the ascertainment of the days after the time when it is agreed or awarded the cattle weighed; or amount of compensation payable to the tenant to be paid, it shall be recoverable upon order made (c.) gives to any person a false ticket or account under this Act, any sum due to the landlord in res- by the judge of the county court within the of any cattle weighed; pect of rent or of any breach of the contract of district of which the holding is situated, as shall be liable on summary conviction to a fine not tenancy or wilful or negligent damage committed money ordered to be paid by a county court exceeding forty shillings and not less than half a or permitted by the tenant shall be taken into under its ordinary jurisdiction is recoverable. crown. account in reduction of the amount of compensa 18. No claim to be made under the Agricultural tion.
7. Penalty for fraud.] Every person who know. Holdings (England) Act for any matter or thing for ingly acts or assists in committing any fraud 7. Compensation if not agreed upon to be settled by which a claim is made under this Act.] No claim for respecting the weighing of any cattle weighed in an arbitrator.] The landlord and tenant may agree compensation shall be made under the Agricultural pursuance of this Act, shall for every such offence upon the amount and time of payment of compen- Holdings (England) Act, 1883, for any matter or be liable on summary conviction to a fine not sation to be paid under this Act. If in any case thing in respect of which a claim for compensa- exceeding five pounds. they do not so agree, the difference shall be settled tion is made under this Act, and in any case in by an arbitrator. which the provisions of that Act and of this
8. Tolls for weighing catlle.] The market authority
may, from time to time (unless otherwise expressly 8. Appointment of arbitrator.] If the landlord and
Act conflict the provisions of this Act shall pre provided by any Act) demand and receive in tenant concur they may within twenty-eight days
vail. after the determination of the tenancy jointly ap
respect of the weighing of cattle tolls not CAP. XXVII.
exceeding the amounts specified in the schedule to point such arbitrator. If they do not concur, such
this Act, or such other amounts as may be arbitrator shall be appointed in the following An Act to amend the Law with respect to authorised by the Local Government Board to be manner :
weighing Cattle in Markets and Fairs.
taken by the market authority; and sections (1.) The landlord and tenant or either of them
[8th August 1887.
thirty-six to forty-one (both included) of the may apply personally or in writing to the
Whereas it is espedient to afford the like facili Markets and Fairs Clauses Act, 1847 [10 & 11 Vict. justices of the peace, acting for the petty ties for weighing cattle in markets and fairs as are c. 14], shall apply to the tolls mentioned in this sessional division in which the holding is afforded for weighing goods and carts under the section, as if this Act were the special Act, and the situated, in petty sessions, and such justices Markets and Fairs Clauses Act, 1847 [10 & 11 market authority were the undertakers. shall upon the receipt of the application Vict. c. 14), in markets and fairs to which that appoint one of their number not being in
9. Power to exempt certain markets and fairs from Act applies : terested in the holding, or other competent
provisions of Act.]-(1.) The market authority person not being interested as aforesaid, to Be it therefore enacted, &c. :
of any market or fair may at any time apply to the act as such arbitrator. 1. Short title.] This Act may be cited as the
Local Government Board to be exempted from the (2.) If before award the person so appointed Markets and Fairs (Weighing of Cattle) Act, 1887.
provisions of this Act on the ground that the sale dies or becomes incapable of acting or for
of cattle at such market or fair is or is likely to be seven days after his appointment fails to
2. Application of Act.] This Act, save as is so small as to render it inexpedient to enforce the act the justices shall appoint in manner
hereinafter provided, shall apply to all markets provision and maintenance of a place for weighing aforesaid another arbitrator.
and fairs in which tolle are for the time being cattle and of a weighing machine under this Act;
authorised to be taken and actually are taken in and thereupon the Local Government Board may 9. Justices if practicable to appoint person to act as respect of cattle by any company, corporation, or by ozder declare that this Act shall not apply to arbitrator without remuneration.] The justices shall person; und every such company, corporation, or such market or fair until after the expiration of a in all cases in which it is practicable obtain the person is in this Act called "the market authoconsent of the arbitrator to act without remunera- rity.”
time not exceeding three years to be limited by
such order. tion, and in any case in which it is impracticable
Any order made under this section to obtain such consent they shall direct that the includes ram, ewe, wether, lamb, and swine.
3. Interpretation.] In this Act the word “cattle" may at any time be wholly or partially rescinded, arbitrator shall be paid such moderate sum as they
altered, or extended by any subsequent order of
the Local Government Board. consider will reasonably remunerate him for his
4. Accommodation for weighing cattle to be provided.] time and expenses. In or near to every market or fair to which this fair to which any order under this section applies
(2.) This Act shall not apply to any market or 10. Time for commencement of arbitration.] The maintain sufficient and proper buildings or places Act applies, the market authority shall provide and
so long as it is declared by such order that this Act arbitrator shall proceed to determine any differ for weighing cattle brought for sale within the
shall not apply thereto. ence referred to him under this Act within seven days after his appointment. market or fair, and shall keep therein or near thereto
10. Application of Act to Scotland and Ireland.] In weighing machines and weights for the purpose of
the application of this Act to Scotland and Ireland 11. Power for arbitrator to administer oaths.] The weighing cattle, and shall appoint proper persons
this Act shall be read and construed as if for the arbitrator, if he shall consider it desirable or necessary so to do, shall have power to call for the to afford the use of such machines and weights to
to have charge of such machines and weights, and expression “the Local Government Board" there production of any document which is in the pos
were substituted, as regards Scotland, the expres. session of either party, or which either party can
the public for weighing cattle as may be from sion “ the Secretary for Scotland,” and as regards
time to time required. produce, and which to the arbitrator seems neces
Ireland, the expression “the Local Government The market authority shall have the accuracy of
Board for Ireland.” sary for determination of the difference referred to such weighing machines and weights tested at him, and to take the examination of the parties least twice in every year by the local inspector of
THE SCHEDULE. and witnesses on oath and to administer oaths and weights and measures of and for the county, For every head of cattle other than
Not exceeding take affirmations, and if any person so sworn or borough, or place where the market is situate, and affirming wilfully and
sheep or swine evidence he shall be guilty of perjury.
corruptly gives false the cost of such testing shall be borne by such For sheep or swine, every five or less
marks kept under the Patents, Designs, and trade mark the burden of proving the assent of
Trade Marks Act, 1883 [46 & 47 Vict. c. i to consolidate and amend the Law
the proprietor shall lie on the defendant.
57], and includes any trade mark which, ing to Fraudulent Marks on Merchandise. either with or without registration, is pro- son shall be deemed to apply a trade mark or mark
5. Applying marks and descriptions.] (1) A per. [23rd August 1887.
tected by law in any British possession or enacted, &c. :
foreign State to which the provisions of
or trade description to goods who – the one hundred and third section of the
(a.) applies it to the goods themselves; or ort title.] This Act may be cited as the ndise Marks Act, 1887.
Patents, Designs, and Trade Marks Act,
(6.) applies it to any covering, label, reel, or 1883, are, under order in Council, for the
other thing in or with which the goods are ences as to trade marks and trade descriptions.] time beiug applicable :
sold or exposed or had in possession for any 'ry person who The expression “trade description" means any
purpose of sale, trade, or manufacture; or orges any trade mark ; or description, statement, or other indication,
(c.) places, encloses, or annexes any goods which ilsely applies to goods any trade mark or direct or indirect,
are sold or exposed or had in possession for ny mark 80 nearly resembling a trade (a.) as to the number, quantity, measure,
any purpose of sale, trade, or manufacture, Tark as to be calculated to deceive; or
gauge, or weight of any goods, or
in, with, or to any covering, label, reel, or akes any die, block, machine, or other (6.) as to the place or country in which any
other thing to which a trade mark or trade istrument for the purpose of forging, or of
goods were made or produced, or
description has been applied ; or eing used for forging, a trade mark ; or
(c.) as to the mode of manufacturing or
(d) uses a trade mark or mark or trade description pplies any false trade description to goods ;
producing any goods, or
in any mauner calculated to lead to the belief (d.) as to the material of which any goods
that the goods in connexion with which it is sposes of or has in his possession any die,
are composed, or
used are designated or described by that lock, machine, or other instrument for the
trade mark or mark or trade description. (e.) as to any goods being the subject of an urpose of forging a trade mark; or
existing patent, privilege, or copyright,
(2.) The expression “covering” includes any causes any of the things above in this and the use of any figure, word, or mark which, stopper, cask, bottle, vessel, box, cover, capsule, *ction mentioned to be done,
according to the custom of the trade, is commonly case, frame, or wrapper ; and the expression abject to the provisions of this Act, and taken to be an indication of any of the above
“label” includes any band or ticket. le proves that he acted without intent to matters, shall be deemed to be a trade description shall be deemed to be applied whether it is woven,
A trade mark, or mark, or trade description, be guilty of an offence against this Act. within the meaning of this Act:
The expression "false trade description" means very person who sells, or exposes for, or
impressed, or otherwise worked into, or annexed, his possession for, sale, or any purpose of
a trade description which is false in a
or affixed to the goods, or to any covering, label, r manufacture, any goods or things to
material respect as regards the goods to reel, or other thing. any forged trade mark or false trade
which it is applied, and includes every (3.) A person shall be deemed to falsely apply ion is applied, or to which any trade mark
alteration of a trade description, whether to goods a trade mark or mark, who, without the 80 nearly resembling a trade mark as to
by way of addition, effacement, or other assent of the proprietor of a trade mark applies lated to deceive is falsely applied, as the
wise, where that alteration makes the de. such trade mark, or a mark so nearly resembling y be, shall, unless he proves
scription false in a material respect, and the it as to be calculated to deceive, but in any prosehat having taken all reasonable precautions
fact that a trade description is a trade
cution for falsely applying a trade mark or mark gainst committing an offence against this
mark, or part of a trade mark, shall not to goods the burden of proving the assent of the ct, he had at the time of the commission
prevent such trade description being a false proprietor shall lie on the defendant. ! the alleged offence no reason to suspect
trade description within the meaning of this 6. Exemption of certain persons employed in ordinary le genuineness of the trade mark, mark, or
course of business.] Where a defendant is charged ade description; and
The expression goods means anything with making any die, block, machine, or other hat on demand made by or on behalf of
which is the subject of trade, manufacture, instrument for the purpose of forging, or being le prosecutor, he gave all the information
or merchandise :
used for forging, a trade mark, or with falsely . his power with respect to the persons
The expressions person,”? "manufacturer, applying to goods any trade mark or any mark so om whom he obtained such goods or
dealer, or trader,” and “proprietor” in- nearly resembling a trade mark as to be calculated iings; or
clude any body of persons corporate or to deceive, or with applying to goods any false hat otherwise he had acted innocently ;
trade description, or causing any of the things in 7 of an offence against this Act.
The expression" name includes any abbrevia- this section mentioned to be done, and proves —
tion of a name. very person guilty of an offence against
(a.) That in the ordinary course of his business shall be liable(2.) The provisions of this Act respecting the
he is employed, on behalf of other persons, conviction on indictment to imprison- shall extend to the application to goods of any such application of a false trade description to goods
to make dies, blocks, machines, or other ent, with or without hard labour, for a
instruments for making, or being used in rm not exceeding two years, or to fine, or bination thereof, whether including a trade mark figures, words, or marks, or arrangement or com
making, trade marks, or as the case may be, both imprisonment and fine; and
to apply marks or descriptions to goods, . summary conviction to imprisonment, to believe that the goods are the manufacture or or not, as are reasonably calculated to lead persons
and that in the case which is the subject of ith or without hard labour, for a term not merchandise of some person other than the person
the charge he was so employed by some ceeding four months, or to a fine not
person resident in the United Kingdom, and whose manufacture or merchandise they really ceeding twenty pounds, and in the case
was not interested in the goods by way of a second or subsequent conviction to im
profit or commission dependent on the sale (3.) The provisions of this Act respecting the isonment, with or without hard labour, to application of a false trade description to goods,
of such goods; and term not exceeding six months, or to a
(6.) That he took reasonable precautions against le not exceeding fifty pounds; and or respecting goods to which å
committing the offence charged ; and description is applied, shall extend to the applica
(c.) That he had, at the time of the commission L any case, to forfeit to Her Majesty every tion to goods of any false name or initials of a
of the alleged offence, no reason to suspect attel, article, instrument, or thing by person, and to goods with the false name or initials the genuineness of the trade mark, mark, or ans of or in relation to which the offence of a person applied, in like manner as if such s been committed.
trade description; and name or initials were a trade description, and for
(d.) That he gave to the prosecutor all the 19 court before whom any person is con the purpose of this enactment the expression false
information in his power with respect to the der this section may order any forfeited name or initials means as applied to any goods,
persons on whose behalf the trade mark, ) be destroyed or otherwise disposed of as any name or initials of a person which
mark, or description was appliedthinks fit.
(n.) are not a trade mark, or part of a trade be shall be discharged from the prosecution, but any person feels aggrieved by any con
mark, and ade by a court of summary jurisdiction,
(6.) are identical with, or a colourable imitation shall be liable to pay the costs incurred by the appeal therefrom to a court of quarter
of the name or initials of a person carrying prosecutor, unless he has given due notice to him
that he will rely on the above defence.
on business in connexion with goods of the y offence for which a person is under
same description, and not having authorised 7. Application of Act to watches.] Where a watch
case has thereon any words or marks which coniable to punishment on summary convic
the use of such pame or initials, and be prosecuted, and any articles liable to
(c) are either those of a fictitious person or of stitute, or are by common repute considered as ed under this Act by a court of summary
some person not bonâ fide carrying on constituting, a description of the country in which business in connexion with such goods.
the watch was made, and the watch bears no on may be forfeited, in manner provided
4. Forging trade mark.] A person shall be description of the country where it was made, mmary Jurisdiction Acts [42 & 43 Vict.
those words or marks shall primâ facie be deemed 'rovided that a person charged with an
deemed to forge a trade mark who eitherider this section before a court of sum
(a.) without the assent of the proprietor of the to be a description of that country within the isdiction shall, on appearing before the
trade mark makes that trade mark or a meaning of this Act, and the provisions of this Act I before the charge is gone into, be in
mark so nearly resembling that trade mark with respect to goods to which a false trade as to be calculated to deceive; or
description has been applied, and with respect to his right to be tried on indictment, and ires be so tried accordingly.
(6.) falsifies any genuine trade mark, whether by selling or exposing for or having in possession for
alteration, addition, effacement, or other. sale, or any purpose of trade or manufacture, itions.] (1.) For the purposes of this wise ;
goods with a false trade description, shall apply and any trade mark or mark so made or falsified accordingly, and for the purposes of this section pression “trade mark” means a trade is in this Act referred to as a forged trade mark.
the expression "watch" means all that portion of rk registered in the register of trade Provided that in any prosecution for forging a
a watch which is not the watch case.
8. Mark on watch case.] (1.) Every person who and place named in the notice, such goods or importation of which is prohibited by this after the date fixed by Order in Council sends or things will be forfeited, and at such time and section, or different regulations may be brings a watch case, whether imported or not, to place the court, unless the owner or any person on made respecting different classes of such any assay office in the United Kingdom for the his behalf, or other person interested in the goods goods or of offences in relation to such purpose of being assayed, stamped, or marked, or things, shows cause to the contrary, may order goods. shall make a declaration declaring in what country such goods or things or any of them to be (6.) The Commissioners of Customs, in making or place the case was made. If it appears by such forfeited.
and in administering the regulations, and Teclaration that the watch case was made in some (3.) Any goods or things forfeited under this generally in the administration of this auntry or place out of the United Kingdom, the section, or under any other provision of this Act, section, whether in the exercise of any disaseay office shall place on the case such a mark may be destroyed or otherwise disposed of in such cretion or opinion, or otherwise, shall act (differing from the mark placed by the office on a manner as the court by which tho same are for
under the control of the Commissioners of watch case made in the United Kingdom), and in feited may direct, and the court may, out of any Her Majesty's Treasury. such a mode as may be from time to time directed proceeds which may be realised by the disposition (7.) The regulations may provide for the infcrm. by Order in Counc of such goods (all trade marks and trade descrip
ant reimbursing the Commissioners of (2.) The declaration may be made before an tions being first obliterated), award to any Customs all expenses and damages in. officer of an assay office, appointed in that behalf innocent party any loss he may have innocently curred in respect of any detention made by the office (which officer is hereby authorised to sustained in dealing with such goods.
on his information, and of any proceedings administer such a declaration), or before a justice
consequent on such'detention. 13. Extension of_22 & 23 Vict. c. 17 to offences of the peace, or a commissioner having power to
(8.) All regulations under this section shall be administer oaths in the Supreme Court of Judicaunder this Act.] The Act of the session of the
published in the “ London Gazette" and in ture in England or Ireland, or in the Court of twenty-second and twenty-third years of the reign
the "Board of Trade Journal." Session in Scotland, and shall be in such form as of Her present Majesty, chapter seventeen, inti
(9.) This section shall have effect as if it were may be from time to time directed by Order in tuled “An Act to prevent vexatious indictments
part of the Customs Consolidation Act, 1876, for certain misdemeanours," shall apply to any Council.
and shall accordingly apply to the Isle of (3.) Every person who makes a false declaration offence punishable on indictment under this Act, in like manner as if such offence were one of the
Man as if it were part of the United for the purposes of this section shall be liable, on
Kingdom. conviction on indictment, to the penalties of per: this section shall not apply to Scotland. offences specified in section one of that Act, but
(10.) Section two of the Revenuo Act, 1883 [46 & jury, and on summary conviction to a fine not
47 Vict. c. 55], shall be repealed as from a exceeding twenty pounds for each offence. 14. Costs of defence or prosecution.] On any prose
day fixed by regulations under this section, 9. Trade mark how described in pleading.] In
cution under this Act the court may order costs not being later than the first day of January any indictment, pleading, proceeding, or docuto be paid to the defendant by the prosecutor, or
one thousand eight hundred and eightyment, in which any trade mark or forged trade to the prosecutor by the defendant, having regard eight, without prejudice to anything done mark is intended to be mentioned, it shall be
to the information given by and the conduct of the or suffered thereunder. sufficient, without further description and without defendant and prosecutor respectively.
17. Implied warranty on sals of marked goods.] On any copy of facsimile, to state that trade mark or
the sale or in the contract for the sale of any goods
15. Limitation of prosecution.] No prosecution for forged trade mark to be a trade mark or forged
to which a trade mark, or mark, or trade descripan offence against this Act shall be commenced trade mark,
tion has been applied, the vendor shall be deemed 10. Rules as to evidence.). In any prosecution for commission of the offence, or one year next after to warrant that the mark is a genuine trade mark an offence against this Act,the first discovery thereof by the prosecutor, which
and not forged or falsely applied, or that the trade (1) A defendant, and his wife or her husband, as ever expiration first happens.
description is not a false trade description within the case may be, may, if the defendant thinks fit,
the meaning of this Act, unless the contrary is ex
16. Prohibition on importation.] Whereas it is pressed in some writing signed by or on behalf of be called as a witness, and, if called, shall be expedient to make further provision for prohibiting the vendor and delivered at the time of the sale or and re-examined in like manner as any other liable to forfeiture under this Act; be it therefore
the importation of goods which, if sold, would be contract to and accepted by the vendee. witness. enacted as follows:
18. Provisions of Act as to false description not to (2.) In the case of imported goods, evidence of the port of shipment shall be primâ facie evidence
(1.) All such goods, and also all goods of foreign apply in certain cases.] Where, at the passing of
manufacture bearing any name or of the place or country in which the goods were
this Act, 2, trade description is lawfully and genermade or produced.
mark being or purporting to be the name or ally applied to goods of a particular class, or trade mark of any manufacturer, dealer, or
manufactured by a particular method, to indicate 11. Punishment of accessories.] Any person who, trader in the United Kingdom, unless such
the particular class or method of manufacture of being within the United Kingdom, procures, name or trade mark is accompanied by a
such goods, the provisions of this Act with respect counsels, aids, abets, or is accessory to the commission, without the United Kingdom, of any act,
definite indication of the country in which to false trade descriptions shall not apply to such which, if committed in the United Kingdom,
the goods were made or produced, are hereby trade description when so applied : Provided that would under this Act be a misdemeanour, sholl be
prohibited to be imported into the United where such trade description includes the name of Kingdom, and, subject to the provisions of
a place or country, and is calculated to mislead as guilty of that misdemeanour as a principal, and be liable to be indicted, proceeded against, tried, and
this section, shall be included among goods to the place or country where the goods to which prohibited to be imported as if they were
it is applied were actually made or produced, and convicted in any country or place in the United specified in section forty-two of the Customs the goods are not actually made or produced in Kingdom in which he may be, as if the misde Consolidation Act, 1876 [39 & 40 Vict, c.
that place or country, this section shall not apply meanour had been there corrmitted.
unless there is added to the trade description, im12. Search warrant.] (1.) Where, upon information of an offence against this Act, a justice
(2.) Before detaining any such goods, or taking mediately before or after the name of that place or has issued either a summons requiring the defend
any further proceedings with a view to the country, in an equally conspicuous manner with forfeiture thereof under the law relating to
that name, the name of the place or country in ant charged by such information to appear to the Customs, the Commissioners of Customs
which the goods were actually made or produced, answer to the same, or a warrant for the arrest of may require the regulations under this sec
with a statement that they were made or produced such defendant, and either the said justice on or tion, whether as to information, security,
there. after issuing the summons or warrant, or any conditions, or other matters, to be complied other justice, is satisfied by information on oath
19. Savings.] (1.) This Act shall not exempt any that there is reasonable cause to suspect that any
with, and may satisfy themselves in accord person from any action, suit, or other proceeding goods or things by means of or in relation to
ance with those regulations that the goods which might, but for the provisions of this Act, be which such offence has been committed are in any
are such as are prohibited by this section to brought against him.
be imported. house or premises of the defendant, or otherwise in
(2.) Nothing in this Act shall entitle any person his possession or under his control in any place, such
(3.) The Commissioners of Customs may from to refuse to make a complete discovery, or to
time to time make, revoke, and vary, regula- | answer any question or interrogatory in any action, justice may issue a warrant under his hand by virtue of which it shall be lawful for any constable
tions, either general or special, respecting but such discovery or answer shall not be admissible
the detention and forfeiture of goods the in evidence against such person in any prosecution named or referred to in the warrant, to enter such house, premises, or place at any reasonable
importation of which is prohibited by this for an offence against this Act. time by day, and to search there for and seize and
(3.) Nothing in this Act shall be construed so as those goods or things; and any
fulfilled before such detention and forfeiture, to render liable to any prosecution or punishment goods or things seized under any such warrant
and may by such regulations determine the any servant of a master resident in the United shall be brought before a court of summary juris
information, notices, and security to be Kingdom who bonâ fide acts in obedience to the diction for the purpose of its being determined
given, and the evidence requisite for any of instructions of such master, and, on demand made whether the same are or are not liable to forfeiture
the purposes of this section, and the mode by or on behalf of the prosecutor, has given full
of verification of such evidence. under this Act.
information as to his master, (2.) If the owner of any goods or things which,
(4.) Where there is on any goods a name which
20. False representation as to Royal Warrant.] Any it the owner thereof had been convicted, would be liable to forfeiture under this Act, is unknown or
person who falsely represents that any goods are cannot be found, an information or complaint may of the country in which such place is situate, family, or any Government department, shall be
the service of Her Majesty, or any of the Royal be laid for the purpose only of enforcing such forfeiture, and a court of summary jurisdiction may cause notice to be advertised stating that,
section as if it were the name of a place in liable, on summary conviction, to a penalty not unless cause is shown to the contrary at the time
the United Kingdom.
exceeding twenty pounds. (5.) Such regulations may apply to all goods the
21. Application of Act to Scotland.] In the apo