Hope v R [1909] HCA 6

9CLR.] OF AUSTRALIA. 257

Isaacs J. I entirely concur, with this additional observation: H. ©. or A.

I think see. 114 of the Z'vade Marks Act 1905 applies both to the eae)

use and the registration of trade marks. James F.

' McKenzin & Co. : Hicerns J. read the following judgment. I concur in the at

orders which have been stated. I think that the conditions '#4 which ave imposed on the registration under application 1192, Higgins J. taken with secs. 6,50 and 51 of the Trades Marks Act 1905, sufficiently protect any rights which the respondents have under

the New South Wales registration. Under sec. 50, registration

under that Act is mere primdé fucie evidence of right to ex- exclusive use; and under sec. 51 it becomes after five years con-

clusive evidence "subject to this Act"—that is to say, subject

(inter alia) to see. 6.

Appeals allowed.

Solicitors, for the appellants, Waters Crespin. Solicitor, for the respondents, S, 2. Pile, Sydney.

11 Wes {HIGH COURT OF AUSTRALIA.) HOPE . 5 é , } . APPELLANT; . AND THE KING . E 4 Z 2 - A . RESPONDENT. ON APPEAL FROM THE SUPREME COURT OF H.C. or A. VICTORIA. 1909.

Appeal to High Court in Criminal Case —Special leave — Bvidence— Dying MELBOURNE, declaration. March 15.

On the trial of a woman for the murder of a girl, statements made by the deceased girl within 24 hours of her death, which had been reduced to writing and signed by her, and also conversations between her and the

H. CU. oF A.

1909. Hor: v Tue Kine.

HIGH COURT [1909.

persons to whom she made the statements which were reduced to writing, were admitted in evidence. The accused was convicted. A question as to the admissibility of this evidence having been referred to the Full Court, the conviction was aflirmed. Special leave to appeal to the High Court was sought on the grounds that the principle upon which dying declarations are