sum or amount of any bank note in a word or words in Roman letters to appear visible in the substance of the paper whereon the same is written or printed, or

who causes any of the words or marks mentioned in the definition of bank-note paper given in the footnote to appear in the substance of any paper.

2 Provided that nothing in this Article is to prevent any person from issuing any bill of exchange or promissory note having the amount thereof expressed in guineas, or in numerical figures denoting the amount thereof in pounds sterling, appearing visible in the substance of the paper upon which the same is written or printed;

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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 ground-work 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 5 bank note, or blank bank note, or any part thereof, or any name, word, or character resembling any subscription to any bill of ex

1 "Bank note, bank bill of exchange, or bank post bill."

2 24 & 25 Vict. c. 98, s. 15.

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This probably means any note in the substance of the paper of which there visibly appear either words or figures expressing the amount in guineas, or figures denoting the amount thereof in pounds sterling."

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.

424 & 25 Vict. c. 98, s. 16, S.

"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 quite sure whether these sections are quite correctly stated or not, the phraseology is quite bewildering.

change 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 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 1 part of a bank note, or any word, name, or character resembling any subscription thereto; or

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(d.) 2 who engraves or makes upon any material whatever any word, number, figure, device, character, or ornament, the impression taken from which resembles * any part of a bank note; or

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uses or knowingly has in his possession or custody 3 any material or instrument or device for impressing or making any such impression as aforesaid upon any paper or other material; or

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

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(e.) who makes or uses any frame, mould, or instrument for the manufacture of paper with the name or firm of any 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 act or contrivance causes any such name to appear visible in the substance of the paper upon which it is printed or written; or

1 See note (5), ante, p. 301.

224 & 25 Vict. c. 98, s. 17, S.

"Any plate whatsoever, or any wood, stone, or other material."

See note (5), ante, p. 301.

$ 24 & 25 Vict. c. 98, s. 18, S.

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

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(f) who engraves or makes upon any plate or upon any 2 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 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 363.

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 a maximum punishment of seven years penal servitude, or

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

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124 & 25 Vict. c. 98, s. 19, S. Taking a positive impression of an Austrian note on glass by photography is a “making” within this section: R. v. Rivaldi, L. & C. 330.

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

324 & 25 Vict. c. 98, s. 10, S.

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

Provided, or to be provided or used.

Exchequer bills, bonds, or debentures.

(ii.) 1any frame, mould, or instrument having therein any such device;

(iii.) 3 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;

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(iv.) any plate peculiarly employed for printing exchequer 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.) 5 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

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(c.) who takes, or assists in taking, any impression of any such plate, die, or seal as is mentioned in clause (a.) (iv.), © or purchases or receives, or knowingly has in his custody or possession, any such plate, die, or seal; or

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(d.) 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 364.

TRADE-MARKS DEFINED.

A trade-mark is

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(a.) A mark lawfully used by any person to denote any 1 24 & 25 Vict. c. 98, s. 9, S. “Exchequer Bill" includes “Treasury Bill ": 40 Vict. c. 2, s. 10.

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

4 24 & 25 Vict. c. 98, s. 9, S.

this Article, 40 Vict. c. 2, s. 10.

Ibid. s. 10, S.

• Ibid. s. 11.

725 & 26 Vict. c. 88, s. 1.

Exchequer bill includes Treasury bill throughou

8 "Name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other mark."

chattel to be an article or thing of the manufacture, workmanship, production, or merchandise, of such person, or to be an article or thing of any peculiar or particular description made or sold by such person;

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(b.) any mark or sign which in pursuance of any statute in force for the time being relating to registered designs is to be put or placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under the provision of such statutes or any of them.

ARTICLE 365.

FORGING TRADE-MARKS.

Every one commits a misdemeanor, and is liable upon conviction thereof to a maximum punishment of two years imprisonment and hard labour, with a fine and imprisonment until the fine (if any) has been paid, who does any of the following things with intent to defraud or to enable another to defraud any person (that is to say):

(a.) Forges or counterfeits any trade-mark;

(b.) applies any trade-mark, or any forged or counterfeited trade-mark, to any chattel or article

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not being the 3 merchandise of any person denoted or intended to be denoted thereby; or

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not being the merchandise of any person whose trademark is so forged or counterfeited;

(c.) applies any trade-mark or any forged or counterfeited trade-mark to any chattel or article not being the particular or peculiar description of 3 merchandise denoted or intended to be denoted by such trade-mark or by such forged and counterfeited trade-mark;

"Name, signature, word, letter, number, figure, mark, or sign."

225 & 26 Vict. c. 88, s. 14. Clauses (a.), (b.), and (c.) represent sect. 2. Clauses (d), (e.), (f.), and (g.) represent sect. 3. Clause (h.) gives the effect of the words, "Cause or procure to," &c., which are inserted in every statement of sects. 2 and 3, and also the effect of sect. 13. The Act is exceptionally verbose and lengthy. Sect. 5 contains a definition of forgery, which appears to me quite superfluous. 3 "Manufacture, workmanship, production, or merchandise."

"Denoted or intended to be denoted by such trade-mark, or denoted or intended to be denoted by such forged or counterfeited trade-mark."