App. C. IV. Provided that, if the person to whom such freeman shall so give the said mark as aforesaid, or in case such freeman shall not make any such gift thereof, if the executors or administrators of such freeman shall not claim and pay the mark rent for such mark, within the space of five years next after the decease of such freeman, in case he shall not happen to leave a widow, but if he shall leave a widow, then within five years after her death, then and from thenceforth, the said mark shall be considered as surrendered to the master, wardens, searchers, and assistants of the said company, who may afterwards, if they think proper, assign the same to any other freeman of the said company. V. . . . . All persons who heretofore have been bound, or who shall hereafter be bound by the churchwardens and overseers of the poor of any parish, township, or place within the said lordship or liberty of Hallamshire or six miles compass of the same, to serve as a parish apprentice . . . to any freeman of the said company residing in any such parish, or township, or place where such parish apprentice at the time of his being so bound did or shall belong . . shall prove to the satisfaction of any of Her Majesty's Justices of the Peace of the county, riding, city, or place where such person shall reside that he hath . served a freeman . . . for the space of seven years shall . . . be entitled to, and gain his freedom in the said company, and the masters, wardens, searchers, and assistants of the said company shall, and are hereby required on the application of every such person grant the freedom of the company to such person, and also to assign to him a mark to be struck, engraved, or used by him upon such goods and wares as he shall be entitled to make according to the true intent and meaning of this act, and of the said act passed in the 31st year of his present Majesty. CUTLERS' COMPANY'S ACT, 1814. 54 Geo. III. c. 119, 1814 (Local). I. [Repeal of certain parts of 31 Geo. III. c. 58, 1791.] Any person II. It shall and may be lawful for any person to set up, may carry exercise, or carry on for himself, or in partnership, or work on business in Hallam as a journeyman in any of the arts or trades of makers of shire, knives, sickles, shears, scissors, razors, files, and forks a freeman. within the said lordship or liberty of Hallamshire, or six App. C. miles compass of the same, although he shall not have been first admitted to, and have obtained the freedom of the said though not company, nor be or continue a member thereof, and also to have, retain, or keep in his service at the same time as many apprentices, and for such term of years or other period of time, as he may think proper. have a III. And be it further enacted that in case any person All persons using, exercising, or carrying on any of the said arts or trades carrying on within the said lordship or liberty, or six miles specified compass of trades the same (whether he shall be a freeman of the said company within speor not) shall apply to the said master, wardens, searchers, cified and assistants, to assign to him any mark or device to be limits to stricken, impressed, or engraved upon his goods, wares, or mark manufactures, the said master, wardens, searchers, and assist- assigned. ants shall, and they are hereby authorized and required to assign the same to him accordingly, for which the person to whom the same shall be assigned, shall pay the sum of 40s. to the company over and above any stamp duty imposed, or which may hereafter be imposed by any subsisting or future Act of Parliament in respect of any such assignment of such mark Provided that any such mark or device so to be assigned shall not have been previously assigned to, and then continue the property of any other person or persons within the said lordship or liberty, or six miles compass of the same, nor consist of a sirname: Provided also that in case the mark so applied for shall theretofore have been assigned by the said master, wardens, searchers and assistants of the said company to any person, and shall have become surrendered to them, the person so applying shall pay for the same the sum of £3 over and besides the said sum of 40s. to be paid on the assignment thereof as aforesaid: provided also that every person who previously to the passing of this act shall have served or is now serving an apprenticeship, or shall have been or now is in the service of his father or mother in any of the arts or trades aforesaid, within the said lordship or liberty, or six miles compass of the same (such father or mother being a freeman or widow of a freeman) shall upon his becoming entitled to the freedom of the said corporation and applying for such mark as aforesaid, be entitled to have the same assigned to him on payment of the fees only which before the passing of this act were payable in respect thereof, by virtue of the said herein before recited act of the 31st year aforesaid. App. C. Master, to assign IV. And be it further enacted that nothing herein before contained shall extend to authorize the said masters, wardens, searchers, and assistants to assign to any person applying to them as aforesaid, any mark or device which may at any time heretofore have been used in common among makers of knives, sickles, shears, scissors, razors, files, and forks, a mark within the said lordship or liberty, or six miles compass of which has the same, nor to assign any mark or device which shall be been used in common then used by any person within the said district : provided or by any always that previous notice in writing shall have been given particular to the said master, wardens, searchers and assistants, that such mark as aforesaid is, or was in common use, or then used by the person giving such notice. person. Punishing persons counter feiting marks. Marks assigned under this Act may V. And be it further enacted that if any member or memlers of the said company, or any other person or persons using, exercising, or carrying on any of such arts or trades as aforesaid, within the said lordship or liberty, or six miles compass of the same, shall at any time after the passing of this act, strike, engrave, impress, or use, or cause, or procure to be stricken, engraved, impressed, or used upon his, or their goods, wares, or manufactures, any mark, device, stamp, or impression, with intent to counterfeit or imitate any mark or device assigned, or which may hereafter be assigned by the said master, wardens, searchers, and assistants of the said company to, and be used by any other person, the person or persons so offending shall for every such offence forfeit and pay (in lieu of the penalty imposed by the said last recited act) any sum not exceeding £20, one moiety whereof shall be paid to the person whose mark shall have been so counterfeited or imitated, and the other moiety to the master and wardens of the said company and the provisions in the last recited act contained for the recovery and application of the penalty thereby imposed, shall be used, applied, and put in force for the recovery and application of the penalty hereby made payable as fully and effectually as if the same provisions were in this act severally and separately repeated and re-enacted. VI. And whereas by an act passed in the 41st year of his present Majesty (i.e., 41 Geo. III. c. 58 (local)), certain provisions were made in respect of the marks of freemen of the said company on the event of their respective deaths it therefore enacted, that every mark to be assigned by the said master, wardens, searchers, and assistants, to " any" be person "by virtue" of the authority hereinbefore contained, App. C. may be devised, or in case of no devise thereof, shall go to and be enjoyed by the widow and family and relatives of any under 41 person dying possessed of any such mark or marks in like Geo. III. manner as provided in the said last recited act relative to (local). marks: provided always that nothing therein contained shall be construed to extend to give the power of using such mark to more than one person of such family at the same time. c. 97 THE CUTLERS' COMPANY'S ACT, 1860. 23 Vic. cxliii. (local). cited Acts I. The several provisions of the recited acts (i.e., The Provisions Cutlers' Company's Acts, 1623, 1791, 1801, and 1814) now in of the reforce with respect to persons. residing within the lordship or to extend liberty of Hallamshire, or within six miles compass of the to manusame, and using or exercising the arts or trades of makers facturers of of knives, sickles, shears, scissors, razors, files, and forks, steel, &c. shall henceforth extend and apply to and include persons residing within that lordship, or liberty, or within six miles compass of the same, and using or exercising the arts or trades of manufacturers of steel, and makers of saw and edge tools, and other articles of steel, or of steel and iron combined, having a cutting edge. the free II. Any person now, or from time to time hereafter, using Tradesmen or exercising the art or trade of a maker of knives, sickles, to be adshears, scissors, razors, files, forks, saws, edge tools, or mitted to other articles of steel, or of steel and iron combined, having dom of a cutting edge, or of a manufacture of steel within the lordcompany on ship or liberty of Hallamshire in the county of York, or payment of 201. within six miles compass of the same, and not being a freeman of the Company, or entitled to the freedom thereof, may and shall on applying to the wardens, searchers, and assistants of the Company for leave to become a freeman thereof, and paying to them the sum of £20 over and above any other fees payable under the recited acts or any of them be admitted to the freedom of the Company, and shall thereupon and thenceforth be a freeman of the Company, and shall have a mark assigned to him. APPENDIX D. App. D. RULES AS TO PROCEEDINGS BEFORE THE COUNCIL (a). UNDER THE 5TH & 6TH WILL. IV., C. 83. RULE I. A party intending to apply by petition, under sect. 2 of the said act [or sect. 25 of Patents Act, 1883], shall give public notice by advertising in the London Gazette three times, and in three London papers, and three times in some country paper published in the town where or near to which he carries on any manufacture of anything made according to his specification, or near to or in which he resides, in case he carries on no such manufacture, or published in the county where he carries on such manufacture, or where he lives, in case there shall not be any paper published in such town, that he intends to petition his Majesty under the said section, and shall in such advertisements state the object of such petition, and give notice of the day on which he intends to apply for a time to be fixed for hearing the matter of his petition (which day shall not be less than four weeks from the date of the publication of the last of the advertisements to be inserted in the London Gazette), and that on or before such day, notice must be given of any opposition intended to be made to the petition; and any person intending to oppose the said application, shall lodge notice to that effect at the Council Office, on or before such day so named in the said advertisements, and having lodged such notice shall be entitled to have from the petitioner four weeks' notice of the time appointed for the hearing. (a) By s. 25, sub-s. (6), these rules are to continue in force until altered by Her Majesty in Council. The 5 & 6 Will. IV., c. 83, is now repealed. |