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The General Loan and Inscribed Stock Act, 1884

(5) For issuing Inscribed Stock certificates to bearer, and as
often as occasion shall require, re-issuing or re-inscribing
Stock, and re-issuing Inscribed Stock certificates.

32. The Debentures exchanged or otherwise converted into In- Converted Described Stock shall be forthwith cancelled by the Crown Agents, and bentures to be transmitted to the Government of Western Australia.

cancelled

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An Act to Regulate the Punishment of Whipping.
[Assented to 27th August, 1884.

WHEREA

THEREAS it is expedient to regulate the punishment of Whipping Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

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1. This Act may be cited as 'The Regulation of Whipping Act, Short-title 1884.'

2. Whenever any person shall be sentenced by any Court or Justice or other legal authority to be whipped, the number of strokes and the instrument with which they shall be inflicted shall be specified in the

sentence.

Instrument and
number of
cified in sentence

strokes to be spe

3. Every such sentence of whipping, except in the case of a person Whipping to be under the age of fourteen years summarily convicted, shall be inflicted inflicted in prison in some gaol or prison, and no person who is not officially connected with the said gaol or prison shall be present at the infliction of the punishment.

4. Every such sentence of whipping in the case of a person under the age of fourteen years, summarily convicted, shall be inflicted privately.

5. The punishment of whipping for prison offences shall not be inflicted on a prisoner in the presence of any other prisoner.

F. NAPIER BROOME,

Boys under be whipped

fourteen to

privately

Prison offenders

not to be whipped before other prisoners

GOVERNOR,

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Naval Deserters

Short title Interpretation of terms

Penalty for

assisting or procuring desertion, &c.

Penalty for persuading to desertion

WESTERN AUSTRALIA

ANNO QUADRAGESIMO OCTAVO

VICTORIÆ REGINE

No. 6

An Act to further provide for the prevention of Desertion from any of Her Majesty's Ships.

[Assented to 27th August, 1884.

WPunishment of persons who shall assist, procure, or persuade

HEREAS it is expedient to make further provisions for the

Seamen or Marines belonging to Her Majesty's Ships to desert therefrom, or who shall employ or conceal such Deserters as aforesaid: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. This Act may be cited as 'The Naval Deserters Act, 1884.' 2. In this Act, unless the context otherwise requires,

The word 'seaman' shall mean and include any seaman, or petty or non-commissioned officer of or belonging to Her Majesty's Navy.

The word 'marine' shall mean and include any marine or non-commissioned officer of Her Majesty's Marines.

The words 'Her Majesty's Ships' shall mean Her Majesty's ships or vessels of war.

3. If any person shall assist or procure any seaman or marine to desert from or improperly absent himself from his duty upon or with any of Her Majesty's ships, being within any of the ports, harbours, or waters of the Colony, or shall conceal, employ, or continue to employ any seaman or marine who is a deserter or improperly absent from his duty as aforesaid, knowing him to be a deserter or so improperly absent, he shall for every such offence of assistance, procurement, concealment, employment, or continuance of employment be liable, on summary conviction thereof before any Justice or Justices of the Peace in Petty Sessions, to be imprisoned with or without hard labor for any term not exceeding three months, or to a penalty not exceeding Thirty pounds, according to the discretion of such Justice or Justices.

4. If any person shall, by words or otherwise, persuade or endeavour to persuade any seaman or marine to desert or improperly absent himself from his duty as aforesaid, he shall for every such offence be liable, on summary conviction thereof before any Justice or Justices of the Peace in Petty Sessions, to be imprisoned with or without hard labour for any term not exceeding two months, or to a penalty not exceeding Twenty pounds, according to the discretion of such Justice or Justices.

Naval Deserters

5. Sections A, E, G, H, and I of 'The Shortening Ordinance, 1853,' shall be incorporated with, and taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. F. NAPIER BROOME,

Incorporation of

sections of Shortening

Ordinance, 1853

GOVERNOR.

WESTERN AUSTRALIA

ANNO QUADRAGESIMO OCTAVO

VICTORIÆ REGINE

No. 7

An Act to regulate the Registration of Designs and of
Trade Marks in the Colony of Western Australia.

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[Assented to 27th August, 1884.

E it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

PART I.-PRELIMINARY

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1. This Act may be cited as The Designs and Trade Marks Act, Short title 1884.'

2. This Act is divided into parts, as follows:-
:-

PART I.-PRELIMINARY;

PART II.-DESIGNS;

PART III.-TRADE MARKS;

PART IV.-GENERAL.

Division of Act into parts

3. This Act shall come into operation on the first day of January, Commencement 1885,

of

PART II.-DESIGNS
REGISTRATION OF DESIGNS

of Act

registration of

designs

4. (1) The Colonial Secretary may, on application by or on behalf Application for any person claiming to be the proprietor of any new or original design not previously published in Western Australia, register the design under this part of this Act.

(2) The application must be made in the form set forth in the Schedule to this Act, or in such other form as may be from time to time prescribed, and must be left at or sent by post to the Colonial Secretary's Office in the prescribed manner.

(8) The application must contain a statement of the nature of the design and the class or classes of goods in which the applicant desires that the design be registered.

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Drawings, &c., to be furnished on application

Certificate of registration

Copyright on registration

Marking registered designs

Inspection of registered designs

Designs and Trade Marks

(4) The same design may be registered in more than one class. (5) In case of doubt as to the class in which a design ought to be registered, the Governor may decide the question.

(6) The Colonial Secretary may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal therefrom to the Governor in Executive Council.

(7) The Governor in Council shall, if required, hear the appeal, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted.

5. (1) On application for registration of a design, the applicant shall furnish to the Colonial Secretary the prescribed number of copies of drawings, photographs, or tracings of the design, sufficient in the opinion of the Colonial Secretary for enabling him to identify the design; or the applicant may, instead of such copies, furnish exact representations or specimens of the design.

(2) The Colonial Secretary may, if he thinks fit, refuse any drawing, photograph, tracing, representation, or specimen which is not in his opinion suitable for the official records.

6. (1) The Colonial Secretary shall grant a certificate of registration to the proprietor of the design, when registered.

(2) The Colonial Secretary may, in case of loss of the original certificate, or in any other case in which he deems it expedient, grant a copy or copies of the certificate.

COPYRIGHT IN REGISTERED DESIGNS

7. (1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration.

(2) Before delivery on sale of any articles to which a registered design has been applied, the proprietor must (if exact representations or specimens were not furnished on the application for registration) furnish to the Colonial Secretary the prescribed number of exact representations or specimens of the design; and if he fails to do so, the Colonial Secretary may erase his name from the register, and thereupon his copyright in the design shall cease.

8. Before delivery on sale of any articles to which a registered design has been applied, the proprietor of the design shall cause each such article to be marked with the prescribed mark or with the prescribed word or words or figures denoting that the design is registered; and if he fails to do so, the copyright in the design shall cease, unless the proprietor shows that he took all proper steps to ensure the marking of the article.

9. (1) During the existence of copyright in a design, the design shall not be open to inspection except by the proprietor or by a person authorised in writing by the proprietor, or by a person authorised by the Colonial Secretary or by the Court, and furnishing such information as may enable the Colonial Secretary to identify the design; nor except in the presence of the Colonial Secretary or of an officer acting under him; nor except on payment of the prescribed fee; and the

Designs and Trade Marks

person making the inspection shall not be entitled to take any copy of the design or of any part thereof.

(2) When the copyright in a design has ceased, the design shall be open to inspection, and copies thereof may be taken by any person, on payment of the prescribed fee.

copyright

10. On the request of any person producing a particular design, Information as together with its mark of registration, or producing only its mark of to existence of registration, or furnishing such information as may enable the Colonial Secretary to identify the design, and on payment of the prescribed fee, it shall be the duty of the Colonial Secretary to inform such person whether the registration still exists in respect of such design, and if so in respect of what classes of goods, and stating also the date of registration and the name and address of the registered proprietor. 11. If a registered design is used in manufacture in any foreign country or colony and is not used in this Colony within six months of its registration in this Colony, the copyright in the design shall cease.

REGISTER OF DESIGNS

Cesser of copyright in certain

events

Register of

12. (1) There shall be kept at the Colonial Secretary's Office a book called the Register of Designs, wherein shall be entered the designs names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may from time to time be prescribed.

(2) The register of designs shall be prima facie evidence of any matters by this Act directed or authorised to be entered therein.

FEES

13. There shall be paid, in respect of applications and registration Fees on regis and other matters under this part of this Act, such fees as may be tration, &c. from time to time prescribed, and such fees shall be levied and paid to the account of Her Majesty's Colonial Government, in such manner as the Governor shall from time to time direct.

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS

14. The exhibition at an industrial or international exhibition, or the exhibition elsewhere during the period of the holding of the exhibition, without the privity or consent of the proprietor of a design, or of any article to which a design is applied, or the publication during the holding of any such exhibition of a description of a design, shall not prevent the design from being registered, or invalidate the registration thereof; provided that both the following conditions are complied with, namely:

(a) The exhibitor must, before exhibiting the design or article,
or publishing a description of the design, give the Colonial
Secretary the prescribed notice of his intentions to do so;
and

(b) The application for registration must be made before or
within six months from the date of the opening of the
exhibition.

Exhibition at industrial or exhibition not to date registration

international

prevent or invali

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