As to deaths at sea. Amendment in fees payable on certificates of births or deaths. What shall be sufficient distribution of 7. Section 14, sub-section (2) of the principal Act shall not apply to deaths at sea. 8. Whenever application is made at one time to any registrar or other person having the care of any register of births or deaths for more certificates than one of the same birth or death for the purposes of and in the manner prescribed by section fifteen, sub-section nine, or section twenty-eight, sub-section three of the principal Act, the sum charged for every such certificate other than the first shall not exceed sixpence; and whenever the registrar or other person having the care of the register is required by the person applying for any certificate of birth or death to fill up the form of application, he may demand a sum not exceeding threepence for so doing. 9. It shall be a sufficient compliance with section 14, subsection (1), sub-head (h) of the principal Act, if the society supplies annual return. gratuitously every member or person interested with a balance sheet or other document duly audited, containing the same particulars as to the receipts and expenditure, funds and effects of the society as are contained in the annual return. Amendment of sub-sections s. 15 of principal Act. 10. Section 15, sub-section (3) of the principal Act shall be read as if after the words "not being an officer or servant of the society (3) and (6) of there were inserted the words unless such officer or servant is the "husband, wife, father, mother, child, brother, sister, nephew, or "niece of the nominator," and sub-section (6) of the said section shall be read as if instead of the words "absent from England or "Ireland respectively," there were substituted the words "absent from Great Britain or Ireland respectively." Notice of proceedings or order to set aside dissolution. Correction of misprint in Schedule II. 11. Notice shall be sent to the central office of any proceeding to set aside the dissolution of a society or branch, not less than seven days before it is commenced, by the person taking such proceeding, and of any order setting a dissolution aside, by the society or branch, within seven days after such order is made. 12. In Schedule II. to the principal Act the provision marked 5 and beginning with the words "the right of one fifth" shall be read as if, instead of the words "five thousand," there were inserted therein the words "ten thousand." The SCHEDULE. ACKNOWLEDGMENT OF REGISTRY OF BRANCH. is registered as a branch of the branch of the same] under the day of Society [and of the [Seal of central office or signature of assistant registrar for Scotland [Seal of central office or signature of assistant registrar for Scotland or Ireland.] CHAPTER 33. An Act for the Amendment of the Trade Marks Registra- WE HEREAS by the Trade Marks Registration Act, 1875, in this 38 & 39 Viet. Act referred to as the principal Act, it is provided that from c. 91. and after the first day of July one thousand eight hundred and seventy-six, a person shall not be entitled to institute any proceeding to prevent the infringement of any trade mark as defined by the principal Act until and unless such trade mark is registered in pursuance of that Act: And whereas by reason of the number of trade marks, and especially by reason of the difficulties attending the registration of trade marks in relation to textile fabrics, it has been found impossible to complete the registration of existing trade marks within the time specified by the said section; and it is therefore expedient to prolong the time for the completion of such registration as aforesaid, and otherwise to amend the principal Act: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: of s. 1. of the principal Act. 1. There shall be repealed so much of section one of the principal Amendment Act as provides that from and after the first day of July one thousand eight hundred and seventy-six a person shall not be entitled to institute any proceeding to prevent the infringement of any trade mark as defined by that Act until and unless such trade mark is registered in pursuance of that Act, and in place thereof be it enacted that From and after the first day of July one thousand eight hundred and seventy-seven, a person shall not be entitled to institute any proceeding to prevent or to recover damages for the infringement of any trade mark as defined by the principal Act until and unless such trade mark is registered in pursuance of that Act, or until and unless, with respect to any device, mark, name, combination of words, or other matter or thing in use as a trade mark before the passing of the principal Act, registration thereof as a trade mark under the principal Act shall have been refused as herein-after is mentioned. devices not capable of 2. When an application by any person to register as a trade Saving of mark a device, mark, name, word, combination of words, or other marks and matter or thing proposed for registration as a trade mark, which has been in use as a trade mark before the passing of the recited being regisAct, has been refused, it shall be the duty of the registrar, on tered under request, and on payment of the prescribed fee, to give to the applicant a certificate of such refusal, and a certificate so granted shall be conclusive evidence of such refusal. Act. 3. This Act may be cited for all purposes as the Trade Marks Short title. Registration Amendment Act, 1876. CHAPTER 34. An Act to amend the Law relating to Elver Fishing. WE [24th July 1876.] HEREAS by the fifteenth section of "The Salmon Fishery Act, 1873," it was enacted that "no person between the "first day of January and the twenty-fourth day of June, inclusive, "shall hang, fix, or use in any salmon river any baskets, nets, "traps, or devices for catching eels or the fry of eels: " And whereas it is expedient to amend the law relating to elver fishing: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. From and after the passing of this Act, so much of the fifteenth section of "The Salmon Fishery Act, 1873," as prohibits the taking of elvers or the fry of eels shall be and the same is hereby repealed. 2. With respect to the River Severn Fishery District the period between the first day of January and the last day of February, inclusive, and the period between the twenty-sixth day of April and the twenty-fourth day of June, inclusive, shall each be a close period for elvers or the fry of eels, and the following provisions. shall apply: (a) Any person who, during either of the said close periods shall take or use any instrument for taking in the River Severn Fishery District elvers or the fry of eels shall, on summary conviction before two justices, be liable to a penalty not exceeding twenty shillings. (b.) Any person who, during either of the said close periods, shall sell or have in his possession for sale elvers or the fry of eels within the hundreds of Kiftsgate, Deerhurst, Dudstone and Kings Barton, Berkeley, Duchy of Lancaster, Westbury, Westminster, and Tewkesbury, in the county of Gloucester, shall, on summary conviction before two justices, be liable to a penalty not exceeding twenty shillings, unless he satisfies the court before whom he is charged that such elvers or the fry of eels were not taken within the Severn Fishery District. For the purposes of this Act the River Severn Fishery District shall mean and include the River Severn Fishery District as defined by the certificate of one of Her Majesty's Principal Secretaries of State, dated 18th January 1866. CHAPTER 35. An Act for consolidating the Duties of Customs. BE [24th July 1876.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: paid and 1. In lieu and instead of all other duties of Customs and draw- Instead of all other duties backs there shall, on and after the passing of this Act, be raised, and drawbacks levied, collected, and paid unto Her Majesty, her heirs and succes- of Customs, sors, upon goods imported into and exported from any part of those in table Great Britain or Ireland, the several duties of Customs, and there annexed to be shall be allowed the several drawbacks, as the same are respectively allowed. inserted, described, and set forth in the Table of Duties of Customs to this Act annexed, and in the Act next herein-after referred to; and notwithstanding that the several duties of Customs imposed upon tobacco by an Act of the twenty-sixth year of Her Majesty's reign, chapter seven, are included and repeated in the said table, all the enactments and provisions contained in the said recited Act, and now in force, shall remain in as full force as if the said duties had not been so included and repeated in the said table; and all other provisions contained in the Customs Acts, and in force at the time of the passing of this Act, shall, so far as the same are applicable, have full force and effect with respect to the said duties and drawbacks granted and allowed by this Act. 2. All gold and silver plate which shall be imported from foreign A distinctive parts, and which shall be sent to any assay office in the United mark to be Kingdom at which gold and silver plate is now or shall at any imported from placed on plate time hereafter be by law required to be assayed, and which when foreign parts so sent shall be then assayed, tested, stamped, and marked, shall, in when assayed. addition to the marks for the time being used at such assay office for the purpose of marking British plate, be marked with the further mark of the letter F on an oval escutcheon, in order to denote that such gold or silver plate was imported from foreign parts, and was not wrought or made in England, Scotland, or Ireland; and the warders and officers in such and every such assay office, and the persons employed by them, shall have power to impress and mark, and shall impress and mark, such further and additional mark before such plate shall be delivered out from such assay office. toms ware house. 3. The Commissioners of Customs or Inland Revenue may permit Foreign and and authorise any licensed rectifier of spirits, or any person who British unshall be duly licensed under an Act passed in the eighteenth and sweetened spirits and rum nineteenth years of Her Majesty's reign, chapter thirty-eight, to may be methymix in the Customs or Excise warehouse, and under such conditions lated in Cusand regulations as the said Commissioners respectively shall direct, foreign or British unsweetened spirits of not less degree of strength than fifty per cent. over proof, or rum of not less than twenty per cent. over proof, and in a quantity not less at one time than four hundred and fifty gallons of such British spirits, nor of foreign spirits and rum less than the contents of the whole cask in which the same shall have been imported, with not less in either case than one ninth of its bulk measure of wood naphtha or methylic alcohol, or with such other article or substance as in the said recited Act is mentioned; and thereupon such mixture shall be allowed for use for such purposes and in such manner as is allowed by the said recited Act, or any Act amending the same, with regard to methylated spirit; provided that no such foreign spirit or rum shall be so mixed as aforesaid until payment shall have been made to the said Commissioners of Customs or Inland Revenue Wood naphtha, &c. to be inspected by officer before mixing, &c. Methylated spirit may be exported. Provisions of 18 & 19 Vict. 24 & 25 Vict. c. 91. applied c. 38. and to spirits mixed under this Act. Commence of Act. 39 & 40 VICT. respectively of the difference between the duty of Customs chargeable on the importation of such spirits or rum respectively and the duty of Excise chargeable on spirits distilled in the United Kingdom, and the same shall be charged and paid thereon accordingly. 4. All wood naphtha or methylic alcohol or other such article or substance as aforesaid to be mixed with such spirits shall, before the mixing thereof, be examined by and subject to the approval of an officer of Customs or Inland Revenue appointed in that behalf; and it shall be lawful for the Commissioners of Customs or Inland Revenue respectively, if they shall think fit, to provide the wood naphtha, methylic alcohol, or other such article or substance as aforesaid, for and at the expense of the person proposing to make such mixture. 5. It shall be lawful to export any methylated spirit mixed under the provisions of this Act or of the said first-recited Act under such regulations as the Commissioners of Customs shall make in that behalf. 6. All the powers, provisions, clauses, regulations, forfeitures, pains, and penalties contained in the said recited Act, and in the Act passed in the twenty-fourth and twenty-fifth years of Her Majesty's reign, chapter ninety-one, in relation to methylated spirit, shall be applied and put in force with respect to all spirits mixed under the provisions of this Act. 7. This Act shall commence from the time of the passing thereof, ment and title except as otherwise provided; and in citing it in other Acts of Parliament and in legal instruments it shall be sufficient to use the expression "The Customs Tariff Act, 1876." Spruce, the worts of which were, before fermentation, of a specific 1 1 0 1 4 0 Exceeding one thousand one hundred and ninety degrees, the Of other sorts, viz.: Beer, the worts of which were, before fermentation, of a specific - 0 8 0 Exceeding one thousand and sixty-five degrees and not ex- Exceeding one thousand and ninety degrees, the barrel of 36 gallons And in charging the above rates of duty upon the importation of beer, the specific gravity of the worts from which the same was made shall be ascertained and determined in the manner prescribed by the sixteenth section of the Act of the nineteenth and twentieth Victoria, chapter thirty-four, for ascertaining and determining the rates of drawbacks on the exportation of beer. Cards, playing, the dozen packs 0 11 0 0 16 0 - 0 3 9 |