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deemed parties to the suit. Any such person may apply to the court to add to the decree or order.
12. The County Courts shall have jurisdiction under this Act County Courts. where the value of the property does not exceed 5001.
Partition Act (1868) Amendment Act.
39 & 40 Vict. c. 17. 3. Where in an action for partition it appears to the court Power to that the notice of the judgment on the hearing of the cause service of notice
dispense with cannot be served on all the persons on whom that notice is by of decree or
order in special the Partition Act, 1868, required to be served, or cannot be so cases. served without expense disproportionate to the value of the property to which the action relates, the court may, if it think fit, on the request of any of the parties interested in the property, and notwithstanding the dissent or disability of any others of them, by order, dispense with that service on any person or class of persons specified in the order, and, instead thereof, may direct advertisements to be published at such time and in such manner as the court shall think fit, calling upon all persons claiming to be interested in such property who have not been so served, to come in and establish their respective claims in respect thereof before the judge in chambers within a time to be thereby limited. After the expiration of the time so limited all persons who shall not hare so come in and established such claims, whether they are within or without jurisdiction of the court (including persons under any disability), shall be bound by the proceedings in the action as if on the day of the date of the order dispensing with service they had been served with notice of the judgment, service whereof is dispensed with ; and thereupon the powers of the court under the Trustee Act, 1850 (a), shall extend to their interests in the property to which the action relates as if they had been parties to the action; and the court may thereupon, if it shall think fit, direct a sale of the property and give all necessary or proper consequential directions.
4. Where an order is made under this Act dispensing with Proceedings service of notice on any person or class of persons, and property dispensed with. is sold by order of the court, the following provisions shall have effect: (1.) The proceeds of sale shall be paid into court to abide the
further order of the court:
which the proceeds will be distributed, and may from
where service is
(a) See title “Trustees, Executors, and Administrators.”
(3.) The court shall direct such notices to be given by adver
tisements or otherwise as it thinks best adapted for notifying to any persons on whom service is dispensed with, who may not have previously come in and established their claims, the fact of the sale, the time of the intended distribution, and the time within which a claim
to participate in the proceeds must be made : (4.) If at the expiration of the time so fixed or extended the
interests of all the persons interested have been ascertained, the court shall distribute the proceeds in accord
ance with the rights of those persons : (5.) If at the expiration of the time so fixed or extended the
interests of all the persons interested have not been ascertained, and it appears to the court that they cannot be ascertained, or cannot be ascertained without expense disproportionate to the value of the property or of the unascertained interests, the court shall distribute the proceeds in such manner as it appears to the court to be most in accordance with the rights of the persons whose claims to participate in the proceeds have been established, whether all these persons are or are not before the court, and with such reservation (if any) as to the court may seem fit in favour of any other persons (whether ascertained or t) who may appear from the evidence before the court to have any primâ facie rights which ought to be so provided for, although such rights may not have been fully established, but to the exclusion of all other persons, and thereupon all such other persons shall by virtue of this Act be excluded from participation in those proceeds on the distribution thereof, but notwithstanding the distribution any excluded person may recover from any participating person any portion received by him of the share of the
excluded person. Provision for 5. Where in an action for partition two or more sales are cessive sales in made, if any person who has by virtue of this Act been excluded
from participation in the proceeds of any of those sales establishes his claim to participate in the proceeds of a subsequent sale, the shares of the other persons interested in the proceeds of the subsequent sale shall abate to the extent (if any) to which they were increased by the non-participation of the excluded person in the proceeds of the previous sale, and shall to that extent be applied in or towards payment to that person of the share to which he would have been entitled in the proceeds of the previous sale if his claim thereto had been established in
due time. Request by 6. In an action for partition a request for sale may be made married woman,
or an undertaking to purchase given on the part of a married infant, or person
under disability. woman (a), infant, person of unsound mind, or person under any other disability, by the next friend, guardian, committee in lunacy (if so authorised by order in lunacy), or other person authorised to act on behalf of the person under such disability, but the court shall not be bound to comply with any such request or undertaking on the part of an infant unless it appear that the sale or purchase will be for his benefit.
7. For the purposes of the Partition Act, 1868, and of this Action for partiAct, an action for partition shall include an action for sale and tion to include
action for sale distribution of the proceeds, and in an action for partition it and distribution
of the proceeds. shall be sufficient to claim a sale and distribution of the proceeds, and it shall not be necessary to claim a partition.
to receive share
28 & 29 VICT. c. 86. 1. The advance of money by way of loan to a person engaged Loan on contract or about to engage in any trade or undertaking upon a contract (b) of profits. in writing with such person, that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on such trade or undertaking, shall not of itself constitute the lender a partner, or render him responsible as such.
2. No contract for the remuneration of a servant or agent of Servants and any person engaged in any trade or undertaking by a share of agents. the profits shall of itself render such servant or agent responsible as a partner therein nor give him the rights of a partner.
3. No person being the widow or child of the deceased partner Annuitants of a trader and receiving by way of annuity a portion of the profits made by such trader in his business, shall by reason only of such receipt be deemed a partner of or subject to the liabilities of such trader.
4. No person receiving by way of annuity or otherwise a Vendor of good portion of the profits of any business in consideration of the sale by him of the goodwill of such business shall by reason
(a) The request for sale by a married woman must be in the form of a request in writing under her own signature, authorising and requesting her solicitor to instruct counsel to ask on her behalf for a sale: (Grange v. White, 45 L. T. 128 ; 18 Ch. Div. 612; 50 L. J. 620, Ch.)
(6) The contract, to be within this section, must on the face of it show that the transaction is a loan: (Lord Chelmsford, in Syers v. Syers, 1 App. Cas. 185.)
Effect of bankruptcy of trader.
only of such receipt be deemed to be a partner of or subject to the liabilities of the person carrying on such business.
5. In the event of any such trader as aforesaid being adjudged a bankrupt, or arranging to pay his creditors less than 20s. in the pound, or dying in insolvent circumstances, the lender of any such loan as aforesaid shall not be entitled to recover any portion of his principal, or profits, or interest payable in respect of such loan, nor shall any such vendor of a goodwill as aforesaid be entitled to recover any such profits as aforesaid until the claims of the other creditors of the said trader for valuable consideration in money or money's worth have been satisfied. (a)
6. In the construction of this Act the word “ include a partnership firm, a joint-stock company, and a corporation.
person ” shalí
with trade mark
PATENTS, DESIGNS, AND TRADE MARKS.
25 & 26 Vict. c. 88. (6) Sale of article 19. After the 31st of December, 1863, the vendor of an
article with a trade mark thereon shall be deemed to contract that the trade mark is genuine, and not wrongfully used, unless the contrary be expressed in writing signed by or on behalf of the vendor and delivered to and accepted by the vendee.
20. After the 31st of December, 1863, the vendor of an with description article with a description upon it of number, quantity, measure,
or weight of such article, or the place or county where the same shall have been manufactured, shall be deemed to contract that no such description was in any material respect untrue, unless the contrary, &c. (as in sect. 19).
Sale of article
Commencement of Act.
The Patents, Designs, and Trade Marks Act, 1883.
46 & 47 VICT. o. 57.
PART I.—Preliminary. 3. This Act, except where it is otherwise expressed, shall commence from and immediately after the 31st December, 1883.
Application for and Grant of Patent. 4. (1.) Any person, whether a British subject or not, may make an application for a patent.
Persons entitled to apply for patent,
(a) The lender may, however, retain any security which he may have aken: (Ex parte Sheil, 4 Ch. Div. 789.)
(6) For other sections of this Act see post, Part IV.
(2.) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly.
5. (1.) An application for a patent must be made in the form Application and set forth in the first schedule to this Act, or in such other form specification. as may be from time to time prescribed; and must be left at, or sent by post to, the Patent Office in the prescribed manner.
(2.) An application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application, one or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent; and must be accompanied by either a provisional or complete specification.
(3.) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required.
(4.) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required.
(5.) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed.
6. The comptroller shall refer every application to an Reference of examiner, who shall ascertain and report to the comptroller application to whether the nature of the invention has been fairly described, and the application, specification, and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject-matter of the invention.
7. (1.) If the examiner reports that the nature of the Power for compinvention is not fairly described, or that the application, trobleem to refuse
application or specification, or drawings has not or have not been prepared require amendin the prescribed manner, or that the title does not sufficiently indicate the subject matter of the invention, the comptroller may require that the application, specification, or drawings be amended before he proceeds with the application.
(2.) Where the comptroller requires an amendment, the applicant may appeal from his decision to the law officer.
(3.) The law officer shall, if required, hear the applicant and the comptroller, and may make an order determining whether and subject to what conditions, if any, the application shall be accepted.
(4.) The comptroller shall, when an application has been accepted, give notice thereof to the applicant.
(5.) If after an application has been made, but before a patent has been sealed, an application is made, accompanied by a specification bearing the same or a similar title, it shall be the duty