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imitating or counterfeiting the stamp mark or other device of the patentee, he shall for

every such offence forfeit and pay the sum of one hundred pounds, one half to Her Majesty, her heirs and successors, and the other half, with full costs of suit, to any person who shall sue for the said penalty by action of debt: Provided always, that nothing herein contained shall be construed to extend to subject any person to any penalty in respect of stamping or in any way marking the word " Patent " upon anything for the sole making or vending of which Letters-Patent before obtained shall have expired or otherwise determined.

VICTORIA.

Governor, No. 28, March 12, 1857.

XXXV. In any action for the infringement of In actions for infringement, par- Letters-Patent, the plaintiff shall deliver with his

ticulars of breaches and objec- tions to be delivered. declaration particulars of the breaches complained of in the said action, and the defendant on pleading thereto shall deliver with his pleas, and the prose- tutor, in any proceedings by scire facias to repeal Letters-Patent, shall deliver with his declaration, particulars of any objections on which he means to rely at the trial in support of the pleas in the said action, or of the suggestions of the said declaration in scire facias respectively; and at the trial of such action or proceeding by scire facias, no evidence shall be allowed to be given in support of

any alleged infringement, or of any objection impeaching the validity of such Letters-Patent which shall not be contained in the particulars delivered as aforesaid : Provided always, that the place or places at or in which and in what manner the invention is alleged to have been used or published, prior to the date of the Letters-Patent, shall be stated in such particulars: Provided also, that it sha'l and may be lawful for any Judge at chambers to allow such plaintiff or defendant, or prosecutor, respectively, to amend the particulars delivered as aforesaid, upon such terms as to such Judge shall seem fit: Provided also, that the trial of any proceeding by scire facias to repeal Letters-Patent, the defendant shall be entitled to begin and to give evidence in support of such Letters-Patent, and in case evidence shall be adduced on the part of the prosecutor impeaching the validity of such Letters-Patent, the defendant. shall be entitled to the reply.

costs.

VICTORIA.

77

XXXVI. In taxing the costs in any action for

Governor, No. 28, March 12, 1857. infringing Letters-Patent, regard shall be had to Particulars to be regarded in taxing the particulars delivered in such action, and the plaintiff and defendant respectively shall not be allowed any costs iu respect of any particular, unless certified by the Judge before whom the trial was had, to have been proved by such plaintiff or defendant respectively, without regard to the general costs of the cause; and it shall be lawful for the Judge before whom any such action shall be tried to certify on the record that the validity of the Letters-Patent in the declaration mentioned came in question; and the record, with such certificate, being given in evidence in any suit or action for infringing the said Letters-Patent, or in any proceed- ing by scire facias to repeal the Letters-Patent, shall entitle the plaintiff in any such suit or action, or the defendant in such proceeding by scire facias, on obtaining a decree, decretal order, or final judg ment, to his full costs, charges, and expenses, to be taxed as between attorney and client, unless the Judge making such decree or order, or the Judge trying such action or proceeding, shall certify that the plaintiff or defendant, respectively, ought not to have such full costs.

Fees on obtaining Patents.

As to applications made before

this Act.

XXXVII. There shall be paid in respect of Letters-Patent applied for or issued as herein men- tioned, the depositing of specifications, disclaimers, and memoranda of alterations, warrants, certificates, entries, and searches, and other matters and things respectively mentioned in the last Schedule to this Act, such fees as are enumerated in that Schedule; and such of the said fees as are thereby made payable to the Law Officer shall and may be received and retained by such Law Officer for his own proper use, and the residue thereof shall form part of the consolidated revenue of Victoria, and be paid, applied, and disposed of accordingly.

XXXVIII. Letters-Patent may be granted in respect of applications made before the commence- ment of this Act, in like manner and subject to the same provisions as if this Act had not been passed; or if the party applying for the same thinks fit, under this Act, and where Letters-Patent have been granted before the commencement of this Act, or

X

PUBLIC RECORD OFFICE

Reference :-

C.O.

885

2 PUBLIC RECORD OFFICE, LONDON

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