Costs on qui tam action under 25 & 26 in the Supreme Court" (R. S. C. 1883, O. LXV. r. 1), means the costs of and incident to all proceedings that have actually come unto the Court. A case under the Trade Marks Registration Acts, 1875-77, did not "stand for the determination of the Court" within the 16th rule of the Trade Marks Rules, 1876, until the parties opposing registration had given security for costs as provided by that rule, and consequently the Court refused to order payment of previous costs incurred before the Registrar (In re Brandreth's Trade Mark, 9 Ch. D. 618, and see now 46 & 47 Vict. c. 57, s. 69; T. M., Rule 29). Where in an action for infringement, the judge certified under 3 & 4 Vict. c. 24, that such action was brought to try a right so as to entitle the plaintiff to costs, it was held that he was justified in so doing (Morison v. Salmon, 2 Man & G. 385); by O. LXV. r. 1 (R. S. C. 1883), the costs of and incident to all proceedings in the Supreme Court are in the discretion of the Court, provided that when any action, cause, matter, or issue, is tried with a jury, the costs shall follow the event, unless the judge or the Court shall for good cause otherwise order (see Parsons v. Tinling, 2 C. P. D. 119, approved in Garnett v. Bradley, 3 App. Cas. 944). Under 25 & 26 Vict. c. 88, s. 23, a defendant in a qui tam action under the Act, recovers costs as between attorney and client unless the Court shall otherwise order, in Vict. c. 88. which event he obtains costs as between party and party Security only, and by section 24, a plaintiff in a similar action may be compelled to give security for costs: for costs. (a) Where in the opinion of the Court or a judge he has no ground for alleging himself aggrieved, and (3) Where he is not within the jurisdiction, or (7) Where he has not sufficient property to be able to pay costs to the defendant in case the latter should be successful. The effect of the section would appear to be, that in order to compel the plaintiff to give security for costs, it will be necessary for the defendant to show that the plaintiff has no ground for alleging himself aggrieved, and in addition either that he is not within the jurisdiction of the Court, or, that he has not sufficient property to satisfy the defendant's costs in case he should be called upon to pay them. APPENDIX A. FORMS OF INFORMATION, PLEADINGS, UNDER THE SEVERAL COPYRIGHT ACTS, THE MERCHANDISE MARKS TIONS. 1. Information-Importing a Book published in the United Kingdom, and reprinted out of the British Dominions (ante, pp. 32, 174). The information [or complaint] of A. B., to wit. Gentleman, taken this of our Lord day of of before me, the undersigned, one of her 5 & 6 Vict. Majesty's Justices of the Peace in and for the said [county] of c. 45, s. 17. in the same [county], who saith that C D., of at in the county of not being the proprietor of the copyright, or a person authorised by him, of a certain printed book entitled and first composed [or written, or printed] and published in that part of the United Kingdom called [England], and in which said book there then was and now is copyright, and reprinted out of the British dominions, to wit, at fully did on the day of , unlaw import or bring [or cause to be imported or brought] for sale [or hire] into that part of the British [five] copies of the said book, contrary to dominions called the 45th chapter of the stat. 5 & 6 Vict. section 17. Sworn, &c. N.B. If the defendant is charged with knowingly selling, publishing, or exposing to sale or letting to hire, or with having in his possession for sale or hire any such book, the above form must be altered accordingly. 25 & 26 Vict. c. 68, s. 6. 25 & 26 2. Information-Infringing Copyright in Painting, Drawing, or Photograph (ante, pp. 93, 181). (Heading as in No. 1.) Who saith that C. D., of the day of at on being the author of a certain painting [drawing, or photograph] representing [describing it] or called [naming it], in which there is subsisting copyright, did unlawfully, and without the consent of A. B., the proprietor of the said copyright, and after having sold or disposed of such copyright, repeat [copy, colourably imitate, or otherwise multiply] for sale [hire, exhibition, or distribution, or cause or procure to be repeated, &c.], the said painting [or drawing, or photograph, or the design of such painting, &c.], contrary to the 68th chapter of the stat. 25 & 26 Vict. section 6]. N. B. If the defendant (whether the author or not, so long as he is not the proprietor) is charged with knowingly importing into any part of the United Kingdom, or knowingly selling, or publishing, or letting to hire, or exhibiting, or distributing, or offering for sale, &c., or causing or procuring, &c., any repetition, copy, or imitation of the said painting, &c., or the design thereof, without the required consent, the above form should be altered accordingly. 3. Information-Putting off Painting, &c., containing alterations, as or for the unaltered work of the author or maker (ante, pp, 96, 183). (Heading as in No. 1.) Who saith that C. D., of day of at without the consent of on the A. B., the author or maker of a certain painting [drawing, or photograph, or negative of a photograph], called unlawfully did make, during the life of the author or maker of such painting Vict. c. 68, [drawing, or photograph, or negative, &c.] the said work [or a copy or copies of such work] with certain alterations therein made by some other person as or for the unaltered work of such author or maker, contrary to the 68th chapter of the statute 25 & 26 Vict. section 7. 8. 7. N.B.-If the defendant is charged with knowingly selling or publishing, or offering for sale, such work or any copies so altered as aforesaid, the above form must be varied accordingly. 4. Information-Forging a Trade Mark. The information and complaint, &c. (see Form No. 1), who saith that C. D. of 25 & 26 |