No. 350. order regarding the amendment of such entry as to such court or 33 VICTORIA, judge shall seem just, and the registrar shall comply with such order according to the tenor thereof upon payment of the fee aforesaid: And further if any person shall deem himself aggrieved by any entry made under colour of this Act in any book of registry, it shall be lawful for such person to apply by motion on notice to the Supreme Court of Victoria or to apply by summons on notice to any judge in chambers for an order that such entry may be expunged or varied; and that, upon any such application by motion or summons as aforesaid, such court or judge shall make such order for expunging varying confirming or otherwise dealing with such entry, either with or without costs, as to such court or judge shall seem just: and the proper officer appointed under this Act for the purposes of this Act shall on production to him of any such order for expunging varying confirming or otherwise dealing with any such entry and on payment of the fee provided by this Act in that behalf comply with the requisitions of such order according to the tenor thereof. s. 9. in 51. That if it shall appear to the satisfaction of any registrar Discretionary under this Act that the design brought to be registered under Part power to register I. of this Act is not intended to be applied to any article or work of registrar. manufacture or art or substance as aforesaid, but only to some label 6 & 7 Vict. c. 65 wrapper or other covering in which such article work or substance might be exposed for sale, or that any design as aforesaid or that any work whether manual mechanical chemical literary dramatic musical or artistic or of whatever kind it be whether ejusdem generis or not that may be the subject of copyright and be registered under any part of this Act is contrary to public morality or order, it shall be lawful for such registrar in his discretion wholly to refuse to register any such design or work as aforesaid: Provided that the Governor may, on representation made to the Attorney-General by the proprietor of any such design or work so wholly refused to be registered as aforesaid, if he shall think fit, order the said registrar to register such design or work, whereupon and in such case the said registrar shall and is hereby required to register the same accordingly. make rules &c. 52. That it shall be lawful for the Governor from time to time Governor can to appoint subject to removal at any time one or more registrars and (if required) assistant-registrars and other necessary officers and servants for the purposes and to carry into effect the provisions of this Act, and also from time to time to appoint alter or remove the offices of registry in and to such place or places in the colony of Victoria as he shall think fit, and also from time to time to make vary alter amend or rescind rules which shall become valid on being published in the Government Gazette to regulate the form and mode of each and every kind of registration under this Act, and also from time to time by notice in the Government Gazette to fix or alter the scale of fees to be paid for the registration of every kind of design copyright sole liberty and proprietorship whether entire or limited and transfers thereof whether entire or limited under this Act, and for the amendment alteration and expunging of any entry in any books of registry and for all searches inspections extracts and copies of any books of registry registered documents or other books of reference allowed and kept in the said offices of registry by virtue of No. 350. 33 VICTORIA, this said Act, and also from time to time to regulate the manner in which such fees are to be received and in which they are to be kept and in which they are to be accounted for, and also from time to time to frame adopt alter vary or amend such other rules and regulations in connection herewith as will give effect to the provisions of this Act according to the true intent and meaning thereof. Seal of "Registry Fees how disposed of &c. The County copyright and patent cases. 53. That the registrar under this Act shall cause to be prepared the necessary stamps for carrying out the provisions of this Act, and also a seal bearing the impression of the royal arms and having inscribed in the margin thereof the words "Office of Copyright Registry of Victoria," and all certificates extracts copies of entries and other documents purporting to be impressed stamped or sealed with such stamps or seal and to be signed by any registrar or by an assistant-registrar under this Act shall be admissible in evidence without further proof of the same being correct or of the authenticity and genuineness of such stamps seal or signature. 54. That all fees payable and all fines and penalties recoverable under this Act shall be paid to the registrar, who shall pay over the same to such persons and at such times and shall render such accounts of the same to such persons as the Governor shall from time to time by rule or regulation published in the Government Gazette order or direct, and all such fees and penalties shall be carried to and form part of the consolidated revenue. 55. That all such provisions and enactments of "The County jurisdiction over Courts Statute 1869," as exclude actions suits proceedings applications matters and things relating to copyright and patents for inventions from the jurisdiction of such courts and the judges thereof are hereby expressly repealed as regards such exclusion and to that extent only; and it is hereby enacted that the said courts and the judges thereof shall have jurisdiction over actions suits proceedings applications matters and things relating to copyright and patents for inventions whether arising under or by virtue of this Act or not(a); and the provisions of the "County Courts Statute 1869 ” in reference to the courts judges registrars or other officers and to the practitioners in the courts and to fees of court and to the fees and costs to be allowed to practitioners in such courts and to the general rules to be framed under that Act shall apply to all matters and proceedings in which jurisdiction is given by this Act to the County Courts or to any judge of a county court as though the jurisdiction given by this Act to such courts and to the judges thereof had been given by that Act. This Act not to affect Imperial Copyright Sta to Victoria. 56. That nothing in this Act contained shall be deemed to affect the law of copyright as applicable to this colony by any Imperial tutes applicable statute now in force: Provided also that notwithstanding the proResidents in Vic- Visions of this Act it shall be lawful for any and all persons resident toria may copy in Victoria to repeat imitate copy and otherwise multiply any paintin Museum Na- ing drawing work of sculpture or photograph in or belonging to the tional Gallery &c. Museum of Industry and Art the National Gallery or the Melbourne &c. paintings &c. (a) This section removes any restriction to v. The Patent Composition Pavement Company, 5 proceeding in the County Court and, semble, without limit as to amount involved.-Shepherd A.J.R., 27. No. 350. Library; and the trustees of such museum gallery and library 33 VICTORIA, respectively are hereby authorized and required to allow such repeats imitations copies and multiplications to be made in such manner and at such time or times as by rule or regulation the Governor shall order and direct. SCHEDULES. SCHEDULE I. FORM OF TRANSFER AND AUTHORITY TO REGISTER. I, A.B., author [or proprietor] of design No. having transferred my right thereto [or if such transfer be partial] so far as regards the making or ornamenting of [describe the articles or works of manufacture or art or substances, or the locality with respect to which the right is transferred] to B.C., of do hereby authorize you to insert my name on the register of designs accordingly. SCHEDULE II.-PART I. FORM OF REQUEST TO REGISTER. I, B.C., the person mentioned in the above transfer, do request you to register my name and property in the said design as entitled [if to the entire use] to the entire use of such design [or if to the partial or limited use] to the partial or limited use of such design so far as regards the application thereof [describe the articles or works of manufacture or art, or the substances or the locality in relation to which the right is transferred.] PART II. I, C.D., in whom is vested by [state bankruptcy or otherwise] the design No. [or if such devolution be of a partial or limited right so far as regards the application thereof] to [describe the articles or works of manufacture or art or substance, or the locality in relation to which the right has devolved.] I, A.B., of SCHEDULE III.-PART I. FORM OF REQUIRING ENTRY OF PROPRIETORSHIP. do hereby certify that I am the proprietor of the copyright of a book intituled Y.Z., and I hereby require you to make entry in the register book of the of my proprietorship of such copyright according to the particulars underwritten. Section 7. 5 & 6 Vict. c. 100 8. 6. Section 7. 8. 6. Section 20. 5 & 6 Vict. c. 15 s. 13. Date of first ORIGINAL ENTRY OF PROPRIETORSHIP OF COPYRIGHT of a Book. 33 VICTORIA, No. 350. Section 20. 5 & 6 Vict. c. 45 s. 13. SCHEDULE IV.-PART I. FORM OF CONCURRENCE OF THE PARTY ASSIGNING ANY BOOK PREVIOUSLY I, A.B. of REGISTERED. being the assignor of the copyright of the book hereunder described, do hereby require you to make entry of the assignment of the copyright therein. FORM OF ENTRY OF ASSIGNMENT OF COPYRIGHT IN ANY BOOK PREVIOUSLY An Act to Consolidate the Law relating to Coroners. BE [9th May 1865.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) : No. 253. 1. This Act shall come into operation on the first day of June 28 VICTORIA, in the year of our Lord One thousand eight hundred and sixty-five; and shall be called and may be cited as the "Coroners Statute 1865." Title of Act. 2. The Acts mentioned in the First Schedule hereto to the Repeal of Acts. extent to which the same are therein expressed to be repealed shall First Schedule. be and the same are hereby repealed; but nothing herein contained shall in anywise affect any act or thing lawfully done or proceedings taken or commenced or any appointments made before the coming into operation of this Act. coroners. 3. The Governor in Council may from time to time appoint such Appointment of and so many persons as he shall think fit to be coroners and deputy coroners, and may from time to time remove any such coroner or deputy coroner, and may from time to time (if he shall think fit) appoint the districts within which any such coroner or the deputy of any such coroner so appointed shall act and have jurisdiction, and may make and rescind and alter regulations respecting the ministerial duties and the remuneration of coroners and deputy coroners. coroners. 33 Vict. No. 338 s. 1," Coroners (Amendment)," post, p. 410. 4. Every coroner and deputy coroner shall by virtue of his Jurisdiction of office be a justice of the peace for Victoria, and shall, after taking the oath of office prescribed by any law now or hereafter in force to be taken by a public officer, have jurisdiction to enquire concerning the manner of the death of any person who is slain or drowned, or who dies suddenly or in prison or while detained in any lunatic asylum, and whose body shall be lying dead within the district in which such coroner or deputy coroner shall have jurisdiction; and to 6 & 7 Vict. c. 12. enquire into the cause and origin of any fire whereby any building Inquest on fire. ship or merchandise or any stack of corn pulse or hay or any growing crop within such district shall be destroyed or damaged. Every such coroner and deputy coroner may issue his warrant for the apprehension and commitment of any person who shall be found by the jury upon any such inquisition to have wilfully set on fire any such building ship or other property, and shall have in respect to all enquiries herein before in this section mentioned all the powers authority and jurisdiction which now belong by law to the office of a coroner in England, except so far as the same may be varied by or shall be inconsistent with this Act; and shall have the same power see 28 Vict. No. of punishing for wilful misbehaviour or wilful interruption of the 267 39. "Justices proceedings of the court or wilful prevarication in giving evidence therein as any justice has by any law now or hereafter in force in the case of like offences committed in any court of petty sessions.(a) of the Peace," post. 5. Every inquest or enquiry taken by or before any coroner Coroners' juries. or deputy coroner by virtue of his office shall be taken and made by jurors of the same number and description as have been used and accustomed to make such inquests or enquiries before the coming into operation of this Act, and such jurors shall be summoned either verbally or by precept by such coroner or deputy coroner. If any man having been duly summoned and returned to serve as a juror upon any such inquest or enquiry before a coroner or deputy coroner (a) A coroner in this colony enjoys all the power, status, and jurisdiction attaching to the office in England; he is a judge of a court of record, and may commit for contempt.-Casey v. Candler, 5 A.J.R., 179. (b) "The Juries Statute" (28 Vict. No. 272) does not apply. See s. 2. |