any article of manufacture. Now if the word design means the artistic form or invention, it is erroneous; for if the design be registered for glass, any one may copy it in earthenware. If it means that registered design, viz., a shape for glass, &c., then the words have no meaning, the shape in another substance is no longer the design. If the matter in dispute be a useful design, it will be necessary in conclusion to cite both acts, adding to the end of the form given in the act, “and also a certain other act,” &c. Throughout the whole of the proceeding it is essential to keep up the union, such and such a shape giving such and such purpose; purpose by itself will run foul of the registrar's "mechanical action, principle, &c.", and shape by itself will be open to easy evasion, and therefore worthless. It is certainly not necessary to produce a sample of the article, though its nonproduction is likely to prejudice the case, as the magistrate may be more acute to appreciate any thing like shirking or unfairness than the technical points of the case. It is, however, by no means requisite that the registeree should adhere to his own design, to maintain his right against others. In print cases it is not inevitably necessary, though usual, to produce the piratical impression, (in Fradella's case they had been stolen) if the piracy be not denied. In Thompson's case an original print was produced, and the plate dispensed with. The selling the piracy at a lower price is always a strong feature in the case; and sometimes the sale of it in a neighbouring shop, &c.; and in Broadhead's case a curious evidence of similarity of result was, that one of the original articles had been sent out (in mistake apparently) by the defendant, upon an order for the pirated one. The similarity of the result is usually the proof of invasion. Thus in Roworth's case the judge said that there had been no evidence by defendant to rebut the presumption from similarity. Circumstances relating to the means employed may come in aid; previous dealings relative to the manufacture of the article; previous infringe

ments by the same party are sometimes alluded to. In Sheriff's case the defendant was proved to have obtained a copy of the plaintiff's pattern. In a case about a paper hanging, the designer, being cross-examined, “had told the proprietor that he could produce something that would work the same as plaintiff's pattern, but be different in fact." In Harrison's case the bill set forth that the parties who sold the handkerchiefs referred to Baily as the maker. The advertisements or prospectuses will be evidence; and in prosecuting for sale the notice must be proved and the purchaser of the article produce the invoice. In proceedings in equity, if the matter be simple and obvious, the court will decide by inspection thereof; if more elaborate questions occur, they will be referred to a master; see Fradella. With reference to the exhibition of samples, in a case of Spottiswoode, relating to the imitation of a titlepage, &c., the court on comparison of exhibits said it was, if a fraud, a clumsy one. This suggests the propriety of trying the effect of an original and an imitation, not side side, but separately; one might supplant the other, where the purchaser did not compare the two, and yet be far from identical. On the part of the defendant, the question of originality, on which patents and useful design constantly turn, occurs much less with ornament. Old books or engravings are however sometimes produced to dispute this. The case of Millingen turned on the effect of a plea denying that plaintiff was the inventor or proprietor of a design registered, &c. This was held by L. C. J. Tindal and the other judges not to raise the question of the design being a principle or a fit subject of registration. It was only saying "you did not invent it, nor did you pay for it." If the proceedings in Chancery are opposed, the injunction may be dissolved with or without costs. In cases where a party has been injured by malicious or fraudulent notices to sellers, damages might probably be obtained.

APPENDIX.

8 GEO. II. c. 13.

An Act for the Encouragement of the Arts of designing, engraving and etching historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers during the Time therein mentioned.

WHEREAS divers persons have by their own genius and industry, pains and expense, invented and engraved, or worked in mezzotinto or chiaro oscuro, sets of historical or other prints, in hopes to have reaped the sole benefit of their labours and whereas printsellers and other persons have of late, without the consent of the inventors, designers and proprietors of such prints, frequently taken the liberty of copying, engraving and publishing, or caused to be copied, engraved and published, base copies of such works, designs and prints, to the very great prejudice and detriment of the inventors, designers and proprietors thereof; for remedy thereof and for preventing such practices for the future, may it please your majesty that it be enacted, and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the twenty-fourth day of June, which shall be in the year of our Lord one thousand seven hundred and thirty-five, every person who shall invent and design, engrave, etch or work in mezzotinto or chiaro oscuro, or from his own works and inventions shall cause to be designed and engraved, etched or worked in mezzotinto or chiaro oscuro, any historical or other print or prints, shall have the sole right and liberty of printing and reprinting the same for the term of fourteen years, to commence from the day of the first publishing thereof, which shall be truly engraved with the name of the proprietor on each plate, and printed on every such print or prints; and that if any printseller or other person whatsoever, from and after the said twenty-fourth day of June, one thousand seven hundred and thirty-five, within the time limited by this act, shall engrave, etch or work as aforesaid, or in any other manner copy and