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For every application to register a design in respect of goods
Where the same person is registered at the same time for more
On every application to register a subsequent proprietor, in
For altering address in the register, for every design
For every certificate of registration...
For every copy of such certificate...
For inspecting register, for every quarter of an hour
On every application to Registrar under section 18 for infor-
For certified copy of an entry, for first 100 words
For every copy of a design under section 17
For every amendment of an application for registration of a
The law of designs is the same as that in force in Cape Colony on June 10, 1891. See "DESIGNS," Cape Colony.
ORANGE RIVER COLONY.
There is no special law of designs in the Orange River Colony. Reference must be made to "TRADE MARKS," Orange River Colony.
There is no special law of designs in the Transvaal. Reference must be made to "TRADE MARKS," Transvaal.
Cape Town.-High Sheriff: Mr. GEORGE ALEXANDER REYNOLDS.
Appointment and duties of Sheriff-The office of High Sheriff for the Cape Colony was created by Ordinance No. 37 of 1828. His office is in Cape Town. (1) On appointment (2) and after taking the oath of office (3) he appoints his deputies for whom he is responsible, (4) and the names of these deputies are enrolled in the office of the Registrar of the Supreme Court. (5) The duties of the Sheriff and his deputies are defined in the 3rd section of the Ordinance, as follows:---To give personal attendance in the Supreme Court daily during term, or any sitting or session of the Court or any Circuit Court; to immediately and without delay execute all the sentences, judgments, warrants, summonses and process of any such Court and to make a return thereof to the Registrar of the Court; he shall also receive and detain in custody all persons arrested upon any sentence, judgment, warrant, summons or process of any such Court, and shall receive and detain in prison all such persons as may be committed to his custody by the said Courts or by the Chief Justice or any of the Judges of the Supreme Court. The Sheriff is, however, not responsible for escapes or rescues of prisoners (6) except through his default or connivance, provided he uses all lawful means for pursuit and apprehension without further warrant.
Service of Summons.-- Summons or process, when by law the person may not be arrested or holden to bail shall be executed by the Sheriff or his deputy "according to the exigency thereof."(7) It
(1) Ord. 37 of 1828, sec. 2.
(2) The appointment was formerly made annually on the first Monday in January (Charter of Justice, sec. 25), but this rule is not in force now, and the appointment is made in the same manner as in the case of other Civil Servants.
(4) Charter of Justice, sec. 27. (6) Ord. 37 of 1828, sec. 4.
($) Charter of Justice, sec. 25. (5) Ord. 37 of 1828, sec. 1. (7) Ord. 37 of 1828, sec. 5; Rule of Court 217. For induciae for Supreme Court see Rule 328, which provides that when the dwelling
is provided that service shall be effected by delivering a copy of the summons or process to the person named therein, or leaving it with some one of his household for him at his dwelling house when the defendant cannot be found, and at the same time informing the defendant or other person of the nature and exigency thereof. (8) But if after diligent search neither the defendant nor any of his household can be found at his usual place of abode a copy of the summons or process may in all cases be left at the dwelling house of the defendant. (9)
Writ of Arrest.-Where process for arrest or attachment of a defendant is handed to the Sheriff it is his duty, by himself or his deputy, to "immediately and without delay" execute such process, and to give to defendant, at his request and at his
house or place of business of defendant is in Cape Town or within 36 miles thereof the time for service shall be two days; when the dwelling. house or place of business shall be more than 36 miles from Cape Town then, in addition to the two days already mentioned, one day for every additional day's (or part of day's) journey from Cape Town--a day's journey being reckoned at 36 miles. This rule is amended by Rule 377 which provides that if the defendant's dwelling-house or place of business shall be more than 36 miles from Cape Town and less than 72 miles from the nearest railway station on any line of railway in unbroken communication with Cape Town, the distance between such railway station and such dwelling-house or place of business shall be reckoned at 36 miles a day, but the distance between such railway station and Cape Town shall be reckoned at 200 miles a day. Rule 249 provides for service of summons issued out of the Eastern Districts Court as follows:
In liquid cases, when the residence of the party served is in Grahamstown, or within one day's journey thereof, two clear days before the day of be, in addition ce; in other cases of such party's residence there shall to the two days already mentioned, one day for every additional day's journey from Grahamstown. In illiquid cases the time for service shall be seven days instead of two as provided above; but the additional days shall correspond with those provided for in the last paragraph." Section 10 of Act 17 of 1886 makes Rule 328, quoted above, applicable to the High Court of Griqualand. Rule 168 as amended by Rule 279 provides for service of summons issued out of a Circuit Court as follows:-"In liquid cases when the party lives or has his usual place of business in the circuit town or within one day's journey thereof, two day's and one day additional to the two days for every day's journey which the dwelling place or place of business shall be beyond one day's journey from the circuit town. In illiquid cases 14 days when the party lives or has his usual place of business in the circuit town or within one days journey thereof, and one day additional to the 14 days for every day's journey which the dwelling place or place of business shall be beyond one day's journey from the circuit town."
(*) Ord. 37 of 1828, Sec. 6.
(*) Perhaps the most peculiar service of this kind yet effected was in the case Abt. v. Geldenhuis (18 S.A.L.J. 193) where service of summons on a defendant whose only place of residence was a wagon, and who could not be found, by affixing the summons to the ground on which he had recently outspanned, and where he had spent some time, was held to be a good service.
charge, a true copy of such process. He may, however, take security in the form prescribed by the Ordinance for the due appearance of the defendant and the performance by him of any judgment of the Court or render himself to prison; or the Sheriff may accept payment of the moneys mentioned in the writ with the costs indorsed thereon together with his fee for the arrest. (10) If any money, thing or security. be taken from the defendant the Sheriff shall after four days from the return day, on being required to do so, hand over to the plaintiff or his attorney such money, thing or security; and, in case of security, the bond or obligation shall be assigned by cession as provided by the Ordinance.(11)
Writs of Execution. --Writs of execution are to be executed by the Sheriff within 24 hours after delivery of the writ at his office if defendant resides in Cape Town or the Cape District; or if residing in the country within 25 miles of Cape Town to be executed within 48 hours after delivery at his office; or if residing at any greater distance from Cape Town within so many days distance, in addition to the 24 hours, as such person re-ides from Cape Town. Execution is to be performed by repairing to defendant's dwelling-house and there demanding that so much movable property may be pointed out as the Sheriff or his deputy may deem sufficient to satisfy the exigency of the process; such property to be immediately inventoried and taken into custody by the Sheriff or his deputy (12); and if on demand no such property is pointed out, or in case the property pointed out should be insufficient to satisfy the writ, then the Sheriff shall immediately seize and take charge of so much of the movable property of the defendant as will satisfy the exigency of the writ. If any property about to be seized is claimed by third parties then, if the plaintiff or his attorney will indemnify the Sheriff or his deputy in writing, signed by the plaintiff, (13) he shall in like manner seize, take the same into custody, and make an inventory thereof. (14)
The levy must include Sheriff's fees, and if there be a surplus it goes to defendant. The Sheriff is obliged to deliver to the defendant an exact account of costs and charges of execution and sale, and such account is liable to taxation by the Master of the Supreme Court on application of defendant, and if any improper charges have been made the Sheriff is bound to refund them. (15)
(10) Ord. 37 of 1828, sec. 7.
(1) Ord. 37 of 1828, sec. 7.
(12) The goods may be released on production of sufficient security. Rule of Court, 145.
(13) The Sheriff is not bound to accept the indemnity unless he is reasonably satisfied as to the sufficiency thereof. Vide Äct 17 of 1886,
(15) Ord. 37 of 1828, sec. 11.
(4) Ord. 37 of 1828, sec. 8.
In case any process should be issued against the Sheriff or any person to whom he is related, or for any other good cause of challenge which would be allowed against any Sheriff in England, the Supreme Court or a Circuit Court may appoint some other fit and proper person to execute and return such process. (16) This is done on motion of plaintiff.
Sale of Movables. Where movable property is taken in execution such property must be sold by public auction (17) by or in the presence of the Sheriff, or his deputy, after having advertised the sale twice in some local newspaper or in the Government Gazette, and after the expiration of 14 days from the date of seizure. (18) Pending the sale the goods may, after being attached and inventoried, be left upon the premises of the debtor if sufficient security is furnished that they will be produced at any time of the sale unless the attachment is earlier removed. (19)
The case of two or more writs being lod ged with the Sheriff at or about the same time against the same defendant, is provided for by Ord. 3 of 1844 which enacts that no creditor lodging any writ of execution with the Sheriff, or any other officer of the Law proper for the execution of writs, shall be entitled to share in or receive any part of the proceeds levied under any writ or writs of execution previously lodged, unless such creditor shall have lodged his said writ within ten days from the day on which was or were lodged the writ or writs under and in virtue of which the levy, in the proceeds of which such creditor or creditors claim to share, was made.
Where a person has given notice of his intention to make application for the surrender of his Estate under Sec. 1 of Act 38 of 1884, then after the publication of such notice his property which may have been attached under any writ of execution or other process may not be sold at any time before the application for the surrender shall have been adjudicated upon except by order of some competent Court, provided however (20) that execution against any such property shall not be stayed for a longer period than fourteen days from date of publication of the notice unless by order of a judge. Should it happen that at the date of publication of such notice the Sheriff or his deputies holds the proceeds of any property sold under execution in the said Estate, then the Sheriff or his deputies shall retain such proceeds and
(16) Charter of Justice, sec. 27.
(17) Officers to that effect authorised and appointed by the Sheriff may sell by auction any property taken by the Sheriff or his deputy in execution of any legal process without taking out any licence. Vide
Ord. 92 of 1832.
(18) Rule of Court, 145.
(19) Act 17 of 1886, sec. 7.
(2) Sec. 11 of Act 17 of 1886; see also Nelson & Co. v. Whiting, 4 E.D.C. 322.