TURNER ON C OPYBI:GHT IN A1JT A:. Weller, 2 Russ. M. Gahagan v. Cooper, 3 Camp. Geary u. Norton, V. C. K. Bruce, May, 1845 Harrison v. Hogg, 2 Ves. jun. Hogg v. Kirby, 8 Ves. Jefferyst). Baldwin, Ambler Jendwine v. , 2 Esp. Lowndes v. Moore, Queen's Bench, Ireland, May, 1848 Margetson v. Wright, V. C. K. Bruce, July, 1848; Queen's Bench, February, 1849 Martin v. Wright, 6 Simon M'Crea v. Holdsworth, V. C. K. Bruce, August, 1848 M'Murdo u. Smith, 7 T. R. Millingen v. Pickle, 5 Law Times Moore v. Clark, 6 Jurist Murray v. Heath, 1 B.& Ad. Newtoo v. Cowie, 12 Moore Nicoll v. Woolf, Vice-Chancellor, August, 1847 Nield v. Coates, 13 Law Journal Page v. Townshend, 5 Sim. Roworth r. Wilkes, 1 Camp. Sayer c. Dicey, 1 East Sayre v. Moore, 3 Wils. Sheriff v. Coates, 1 Russ. Swaisland v. Willey. V. C. K. Bruce, 1845 Thompson v. Symonds, 5 T. R. West v. Francis, 5 B. & Al. Wilkins v. Aikin, 17 Ves. Wyatt v. Barnard, 3 Ves. ( vii ) T3 co -H gj 10 c* oi r; n . -in^ ** S e "" T* "5 S * o o> ** *^ *" a. * a. ~" >.-:s > J< .- S i< T< p_- xx |fl ^ *a a 'a a !>"'!>! '<^''t^ * 5 "o |o "o "o "o 2 ! S r^g"' :a "| 2 i'orf .S o o TC.S o^s.S d2;.S 2!2^ 2 2-8 > 03'K R i i ? >>ao < N^^ si IB tx) a eJ3 to rt c . _: ^"13 X~s CO l 'Sts2*' rt <->j *j 'Q (5 2 -jn Pw^fljs fl-w^ Cf'^^^^S 1 ^ II III 1 1 0s^ t ^4 pL^ ^ Q^ ^r. ^5 p . ^^ , nine failed. t 1 CO H ft co CO 1 ::::::::::::: 8 :: j :::::: l.g? |J i.g2|>go2?!i|!is|!i >> Hi > llf'iIJilllll>lssll : i 3S os.SosTsoQs^sos^^'Saa OQaJ co O Kj H) C5 PL, H-J O PL, O PQ O MOP. rteen were sustained p 1 J o pjf S So S a 1 S O oQ^^'C^ S o" _] J _) D J J S 1 J CO 00 UO CN J o o O> 5 CN O 00 CO 00 C-" o - V3 O5 oo tt 1-> CO H g^^gg^ . O C35 00 (N CO US 00 CO CO CO Oi "^ 00 0) O Ol 00 I CO H OO^^Jif^i-iOOO l OOO O5CM CO *>! - ~ 00 CO CN ^H o CO 00 00 oo co r- ^r co o i 00 H oc^r>-o-HOeoco(N OO OO'S'OO O5O CN CN o 00 o ,fe * < 00 - ^i O O3 "" 00 CO * o o t~ CN CO -i 05 C7> CO } H -o I"** 00 T 00 O > i* to . Fabrics (printed) Furniture Fabrics ( not print* Lace, and all othe tt g H s^oo-^iocoriooa o ft CO rt ( 28 ) SECTION III. GENERAL PRINCIPLES OF THE SUBJECT. First, as to the principal grounds on which property in form may be, is, or ought to be based, and in accordance with which it should be extended, whether recognized already by legal or judicial authority, or deduced from the rules which regulate the other kinds of property. Caution, however, is obviously required in doing this, and a careful regard to the peculiarity of a property " which," says Mr. Thomson, " from its immateriality, can be stolen through a window without cutting out a pane of glass ; which can be carried off by the eye without being found on the person." On account of these peculiarities, those subjects of legal right which most nearly resemble it render the most ser- viceable analogies, namely, patents for inventions, and the other species of copyright, as literature, music, the drama, &c. Copyright and invention, an epic and an orrery, said Justice Yates, stand on the same footing; the mode of acquisition, and therefore the jus fruendi, is the same. Mr. Harrison, said the judge, spent quite as much time and labour on his timekeepers as Mr. Thomson in writing his Seasons, and the value of the former is quite equal to the latter. And his lordship probably meant somewhat more than he said. As to the existence of the right, it might perhaps be deemed sufficient to conclude the question summarily, as did Lord Lyttleton, " I cannot enter into delusive, refined, metaphysical arguments about tangibility or materiality, or the corporeal substance of literary property ; it is sufficient for me that such a property exists." And if further argu- ment were wanting, it might be deduced from the evident consciousness of a sense of reproach attending its infringe- ment. Some of the sturdiest advocates against copyright in designs before the House of Commons disclaimed, on ( 29 ) their own parts, the practice of that right of piracy which they maintained in theory. Mr. Tennent, after pointing out the inconsistency, says, " one small glimmering of right and justice shines through this; without moral firmness enough to avoid dishonesty, they have moral feeling enough to be ashamed of it." Still even at the present day copy- right has its opponents. Lord Camden's arguments were revived the other day, and that by a periodical devoted to the fine arts, which rejoiced that though engravings were protected, pictures (as in Martin's case) were freely open for the public to use or abuse. The author indeed thought that it was perhaps a little unjust, but then he comforted the artist with the reward of " imperishable glory,"* and quoted Fuseli, " No work of genius was ever produced but for its own sake. "-I" But Fuseli found the delights of painting compatible with the receipt of money for the pic- ture, and it does not appear that Lord Camden accepted the glory of legal reputation in full satisfaction of his rights of salary. Had the case been fairly put to the public, they would never have grudged the artist his small premium. Suppose the few shillings which the author's right adds to the cost of a volume were marked on the cover, would it not be paid, and paid willingly? The right arises (as all property does in the first instance) by labour. There is labour in every work of art ; a drawing is said to be copied from nature, but there are no lines at all in nature; the outline is the abstract creation of the artist. Some of the acts speak of securing to the artist the fruits of his labour, genius, industry, pains, &c. ; and Lord Hardwick said that a copyright act was not a monopoly, and should be construed liberally. In a question between the author and his readers, the one and the many, the old rule might well be applied, of leaning to the weaker side. * Goldsmith on one occasion, on receiving the " glory " of some honorary appointment, said it was like giving ruffles to a man who wanted a shirt. f Compare Reynolds's view of the case, " Let there be buyers, there will soon be sellers." ( 30 > The arguments on the other side, however, refer principally not to morality but policy ; a few of them may be noticed, though if the right be established it is difficult not to de- cide a priori, that its infringement cannot, at least in the long run, be beneficial to society. Justice, said Words- worth, is capable of working out its own expediency. The first point is as to future advancement ; there is a fear of " putting manacles on science." Thus, Sayre and Moore's case speaks of retarding the progress of art ; and most of the preambles to the acts express the twofold object of se- curing the inventor, and encouraging or advancing art, more or less expressly avowing the first as being a means of attaining the second. Now there is really no fear whatever of the world of invention being too narrow for its cultivators. Any sub- ject, natural or artificial, may be drawn and modelled in 10,000 different ways : the artist executes one and claims it, he leaves 9999 to those who come after him. In a print case the judge allowed that there could be no claim to the plants drawn in a herbal, but the claim was to the plants modo et forma as in that particular book, the flower and flower-cup, seed-vessel and seed, in that one arrangement. And in another case, " the first engraver does not claim a monopoly of the picture ; he says, take the trouble of going to the picture yourself, but do not avail yourself of my labour, who have made a drawing of it." As to the increase in the cost of production, it must be recollected that in many cases it is the design alone that creates the manufacture. If dress were a mere covering, a single blanket would last a lifetime. This influence of de- sign is recognized in the original French law as the main source of the prosperity of the silk manufacture, and was urged by the Arts' Committee in 1836, as well as the hopelessness of expecting manufacturers to employ men of talent to produce what is instantly open to general depre- dation. In France, at that time under the protection of copyright, the number of designs for an equal quantity of produce was four times that of our own, and this variety e 31 ) and superiority of taste alone enabled them to maintain their place in the market ; while, on the other hand, Mr. Babbage states, that the want of copyright has, by discou- raging originality, ruined the Berlin manufacture of iron ornaments. Copyright, however, is entitled to rely on its services to the purchaser, as well as the producer, in claim- ing the encouragement of law. It diffuses the refining influences of taste and intellectual gratification among all classes. " Be mine to bless the more mechanic skill, That stamps, renews, and multiplies at will, And cheaply circulates through distant climes The fairest relics of the purest times ; Thy gallery, Florence, gilds my humble walls, And my low roof the Vatican recalls." Copyright is in some arts unnecessary. Thus Japanning so much lies in the manual and individual dexterity that piracy is impracticable, and this indeed applies to most kinds of painting; so in engraving, the possession of the plate may sometimes almost secure the copyright, depending on the degree of facility and rapidity with which it can be repro- duced by mechanical means. And the pirate again may to a certain degree be anticipated, since while the design exists only on a single plate, it may be kept secret till the whole number of copies is prepared within the house or factory, and ready to pour a flood into and fill the market. This is shown in the gradually increasing employment of in- door designers previous to the recent acts, and the lace manufacturers, who give out patterns to the cotters for execution, made much complaint of the piracy that took place before a single piece could be brought to market. In a feeble degree this principle even establishes a copy- right in America; an English author can, until he pub- lishes here, obtain a trifle for his proof sheets. But wherever piracy is advantageous, there copyright ought to step forward, and the simpler and more uniform the rights and means of defending them it affords, the ( 32 ) better. All divisions of the subject into useful and orna- mental, into matters of importance and trivialities (as the exclusion of labels in the last designs act), lead to trouble and evasion. In the case of Sheriff and Coates the trifling nature of the patterns was urged against the right ; but the chancellor (Lynd hurst) rejected the argument in toto ; the design commercially was valuable. There is no measure of the amount of labour ; the work of a lifetime may be con- centrated into a page of mathematical symbols. The dis- tinction in the old acts between casts or engravngs from natural or artificial objects only led to vexations and diffi- culties ; so have the questions that have arisen as to works of mental industry or original invention. In patent law it was laid down long ago that no distinction lay between the inventions of the man of genius, the plodder, and the acci- dental finder, that luck, labour and inspiration give an equal right. - The design to be looked for is in the artist's work, not in the subject. Judge Best said, in a case in which the originality of a mechanical drawing reduced from another, as to the plea that plaintiff had not designed and invented the print, but only reduced it, " reduction requires labour and some skill to keep the proportions. This the defendant had the advantage of, and the making and en- graving requires all the invention and design expected from an engraver. An engraver is always a copyist ; but though a copyist, he produces resemblance by means very different from those employed by the painter or draftsman, he copies by means requiring great skill and talent, he pro- duces effects by means of light and shade, or, as the terms of his art express it, the chiaroscuro, the due degrees of light and shade are produced by different lines and dots, and on his choice of these depends the success of the plate." His lordship concludes by expressing " the satis- faction he feels in coming to that decision upon a branch of art eminently useful, and which in no slight degree emollit mores nee sinit esse feros, and contributes to a circu- lation of the mechanical knowledge so necessary to our ( 33 ) manufactures, and so useful to the best interests of the country." So in a recent design case, the title of the plain- tiff to a modelled candlestick was disputed, on the ground that it was taken from a published engraving. But the magistrate saw a wide scope for artistic skill in translating such a sketch into practical form, observing that were the argument good, copyright would be worthless. With the question of the originality of an engraving, we may com- pare that of the sculptor, who not only modifies the form to idealize it, but may exhibit much dexterity in merely reducing the scale, and still more in converting actual forms as existing in nature into relief or intaglio. In Blackwell's case even the less extensive language of the old act was freely construed by Lord Hardwicke, and the point of originality viewed as in the design, not the subject. It was " not confined to invention, as fabulous or allegorical representation, nor history, as a battle ; but the designing or engraving anything already in nature (i. e. in existence), even a print of a building, house or garden, or that great design of Mr. Pine, of the city of London ; " and in Sayre and Moore the consolidation of various charts, correcting them thoroughly, was held an original work, not a piracy. Of course a work of art, whether as copyright or as common property, must neither injure an individual nor offend the public. Immorality, slander or sedition cannot become property. Thus in Fores's case, an order for all the caricatures ever published was not an enforceable contract as to any that were " libellous or obscene," though valid as to those of " general satire and ridicule." In Dubost's case the defendant had cut to pieces a libellous picture, called " Beauty and the Beast," and damages five pounds were given for the value of the canvass only. Of course the wrongful nature of the work must be shown ; it will not be presumed. Some of the book cases may also be com- pared. It seems open to question whether national encou- ragement of the beautiful ought not to bear out the suppres- sion of the ugly ; whether, for instance, a man should be D ( 34 ) allowed to daub his house red or blue, to the annoyance of the optic nerves of the public. The next point is as to the mode of the creation of the right; and firstly, as to the person. This was originally the author only; but in more recent acts the owner is made equally capable. Lord Hardwicke said in Jeffrey's case, that the proprietor was not included, because the in- tent of the act was to reward genius and encourage art, like the law of inventions, that it was made for the artist. One would have thought the best way to do this, had been to render genius every assistance in bringing its produce to market. It would hardly increase the man's wages, to hamper the right of the master to the work. Secondly, as to the cost. This is in England very capricious ; but on the whole, as regards property IN FORM, there is little to complain of. The cost of a patent is enormous. That of books was burdensome; eleven copies were at one time required, which, when costly engravings were part of the work, fell heavily on the valuable books, however lightly on those of more numerous copies. A work by Nash on the Brighton pavilion was published without any text, to avoid the cost of the eleven copies, which would, it is said, have amounted to 220 guineas. The number is now re- duced to five, which is more than is required in America or the continent. Whether such a mode of acquiring a na- tional library be equitable is doubtful. In America a mu- seum of models is acquired in the same way. In some kinds of copyright no expense is incurred, as prints and sculpture. In others, as manufactures, fees of various amount are payable, in addition to the deposit of copies or drawings. Most of them were fixed by the law with re- ference to the probable cost of the design, its duration, and especially to the maximum amount that manufacturers would pay, or were supposed likely to pay, for the protec- tion. Thus the calico printers, who were influential pro- moters of the bill, insisted upon the reduction of their fee to one shilling ; while a design of utility, perhaps to avoid ( 35 ) making patentees over-envious, was made up by the help of a stamp to ten pounds, which compared with a patent is moderation itself, yet it seems onerous when we see the sculptor and engraver protected for a ten times longer term for nothing. The extreme inconsistency of all this was well shown by Mr. Hawkins. " I have a lump of clay," said he, " and if I make it into a head, it is mine at once ; but if I make a teapot of it (there was no utility act then) I must pay 400 pounds for the right." One disadvantage of the variety of cost and duration, &c. is, that it leads to all sorts of shifts to get an invention into a class it does not really belong, as when a subject for patent right is registered (see the end of this section), or when an article really va- luable for use is squeezed into a registration of ornamental form, (and see Lowndes v. Browne). The French were our examples in establishing any design rights at all; it would be well if we adopted their simple sensible arrange- ments for securing it. All kinds of design there are treated alike ; all pay one price, and that price is not an arbitrary sum, but an annual tax. Two grounds only would justify our unequal taxation, variation in the value of the commo- dity (protection) sold, or variation in the cost of affording it. Now as to the value of the protection, how is that to be estimated ? One pattern brings in hundreds, another is a dead loss ; one is designed by a royal academician, an- other by an apprentice. A pattern in metal may sell to scores of purchasers, and an equally meritorious design in glass to thousands. Why should the first pay thrice what the second does ? Objections of this kind will at once oc- cur to those conversant with the various branches of art. Why not one uniform charge, and that one charge a mini- mum ? The service rendered is precisely similar in all cases; it consists in simply receiving, recording and preserving the claim of the owner. No guarantee is given, no assistance in maintaining his right. The legislature professes great zeal for the encouragement of design. To be consistent, it ought to have maintained a registration machinery at its D2 ( 36 ) own expense. The money would have been spent for a similar object, and with more efficiency than in establishing schools of design ; but at all events nothing more ought to have been required than what would maintain the office, and a fee of one shilling on each design would have done this. It may be noticed that the design is capable of registra- tion as soon as it is delineated on paper. But an engraving or sculpture is not copyright till committed to the mecha- nical instrument of reproduction, the mould or plate. In the exercise of the right, certain forms analogous to registration are required. Designs require a mark attached to each impression or copy ; sculpture and engravings, a name and date. The mark of course is only practicable when there is a something ulterior to refer to, viz. the regis- tration. The principal object is to prevent innocent in- fringement by recording the name of the proprietor, and to inform the public of the right being thrown open to them, by recording the date ad quern and a quo. Some of the judges said that the name attached to the engraving would enable any person who desired it to know where to apply for a license, &c., or for an edition, &c. It does not seem very important to provide for this, or difficulty might occur, as " John Smith" would leave the owner somewhat uncer- tain. In designs, the mark would, by inquiry at the office, supply the name and address not only of the original but of the existing proprietor. The object of not absolutely printing the name and date upon the article was not that of hiding or in any degree suppressing the real extent of the time of the right, but partly to employ a less disfiguring form and size of label, and especially to, on the part of the seller or middle-man, conceal from the buyer the name of the maker and date of the article. That is, in effect, to facilitate misrepresentation as to date, and deprive the public of the best possible security for the quality of the goods, viz. the pledging the name of the producer. Thus in printing some mathematical tables for Laplace, the mode ( 37 ) relied on to obtain accuracy was to attach to each page the name of the compositor. In some cases the label is only affixed to an end, and may be cut off; but if printed on porcelain, for instance, or cast in metal, it would be inde- structible, though it might be hidden by its position. The same remark is applicable to any number of patterns regis- tered to one person and of one date; by which means risk of mistake in marking the patterns was meant to be avoided ; but it would seem that some distinction of num- ber must be required when one pattern becomes the subject of a transfer or penal process. It is almost to be regretted that the legislature did not, by requiring the real name and date, discourage commercial deceit, as they availed them- selves of registration to prevent the false use of the word registered, which, though not an injury to copyright, but to the public generally, is punishable under the design acts. It is worth notice, that in the very first case this part of the act was infringed. In France, this principle is carried so far, that an article must be marked, " Sans garantie du gouvernement." In this country, our " Her Majesty's royal letters-patent " is not held responsible for the merit of the schemes they protect. The certificate being given for a design, the existence of the registered copy is apparently unimportant. Were the specimens all burnt, as actually occurred in America, the copyright would be uninjured ; and, in the case of en- gravings, the destruction of the plate was said to have no effect on the right ; nor is it necessary that a single copy be in existence. The copyright would then much resemble an unwritten copyright in a song, play or lecture. We next come to the defensive exercise of the right, the remedies, or secondary rights arising from the breach of the primary right, their nature and modes. And firstly. The decision of what shall constitute a breach of the right has always been somewhat difficult to define, and inge- nuity will always be applied to evade the line drawn. In an engraving case, the Vice-Chancellor illustrated the ( 38 ) question by laying it down that " any one may copy a book if he writes notes upon it, so as to present it to the public in connexion with his own," which seems a conve- nient plan for a pirate to adopt, especially if he printed the notes at the bottom ready to be cut off by the book-binder, which artifice was actually employed in one " Parson's Bible" to evade the copyright. As to estimating the injury by quantity, as when in Roworth's case the pages were counted, we may remember Lieber's observation, that the thief only takes the wheat, not the straw, which is the bulk of the crop. Literary infringements are some- times treated of under the heads of, 1st, Facsimile; 2nd, Copying a part ; 3rd, Imitation, Variation, Addition or Sub- traction ; 4th, Abridgment ; but it might not be easy to ar- range pirated forms into these points of division ; and the law usually speaks of copying the whole or part, adding, subtracting, or varying. The test would probably be the similarity of purpose and result. Mr. Martin stated to the committee that his mezzotint engraving was successfully pirated by a lithograph. A French case speaks of " une imitation assez parfaite pour etablir une concurrence commer- ciale" The questions are, whether it serves as a substitute, supplies the place of the original ; thus the design act speaks of peculiar classes, implying that the application of a form taken from a carpet to a paper, from the floor to the wall, horizontal to vertical, is no breach, no commercial injury ; still less would the sculpturing a design after a print, or vice versa. See an opinion of Sir F. Thesiger in the Jour- nal of Design, that a statuette modelled from a print is not a copy under the engraving acts, which also accord with a French case, in which an ivory umbrella handle had been carved after a print. This subject will be illustrated by observing what degree of originality suffices to consti- tute a subject for a new copyright, and reciprocally what is not a breach of another right is a fit subject itself. It seems, too, that a man is not prohibited from importing a book for private use, though he is from lending it ; in pa- ( 39 ) tents, however, the use of a process in private without license is of more commercial importance, and is an offence. But, secondly, the pirated copy may vulgarise and de- preciate the value of the other copies, or injure the artist's reputation. And again, the exhibition of copies even dif- fering too considerably to infringe the copyright may seri- ously injure the owner, not of the copyright, but of the original. The remedies for these injuries are confiscation of the pirated copies, which in the case of prints are to be " da- masked" and made waste paper of; confiscation of the moulds or plates, pattern cards, &c., the former referring to past acts, the latter to the future, penalties of various amounts, and damages ; while equity grants precaution and information in aid of the future, and enforces past legal proceedings. The Committee of the House of Commons viewed the attainment of cheap and reliable remedies as the main difficulty of the subject. A witness is asked, " Why, when you had copied their patterns and they had this law (the old one) to protect them, did they not proceed against you ? " Answer, " They thought I would fight them, and that was all." An injunction in Chancery, if but slightly opposed, is said to cost 60 or 70 ; a law- suit more. The power of a long purse, however, though always formidable, is restrained as the law becomes ascer- tained and its decisions published. Thus in France, in a case in which the mayor of Rouen was heavily fined (2000fr. and forfeitures) for using the patterns of a Paris firm, the conviction, placarded in the manufacturing towns, put a stop to piracy for some years. It may be remarked as to variation, that the act speaks of varying, adding and subtracting, as among the modes of copying, and this is supported by various cases. In West's case, Lord Chief Justice Abbott's direction to the jury to consider whether the defendant's print was substantially a copy, was held good. Judge Holroyd said a collusive va- riation was a copy. Judge Bayley said, " in common par- lance, a copy is when there exists but a small variation ( 40 ) from the original." In a recent case, Moore v. Clark, the judge distinguished a substantial copy of the main design from a copying in part, which was apparently not provided for by the engraving acts. In this case a print of Bees- wing, a winning horse for a former year, had been served up to the public as Coronation, another horse; the horse was a facsimile, save that his head turned the other way, but the jockey was original, and the back ground new. The judge seemed to think that only an artist would detect the imitation, and that no injury was sustained, for the piracy could not affect the sale of the original. It did not seem clear whether nominal damages could be obtained, if the piracy had been clearly made out. Roworth's case explains a copy as such a similitude and conformity be- tween them, that the person who executed one must have used the other for a model. There the attitudes (of fencers) were the same, the dresses, &c. altered ; the question was, if these attitudes were inevitably used in exhibiting that style of fencing. This is one of the tests, that of the mode of production j the other test is the result produced, " that which comes so near the original, as to give every person seeing it the idea created by the original." Again, in Roworth's case, there would be no breach, if it were sup- posable that the similitude arose from accident or neces- sity of the nature of the subject, or by the artist having sketched the design merely by reading the letterpress. The necessity for so construing the word copy as to allow some variation was pointed out by Judge Bayley ; " dis- tinction would be endless, if it were held to be an exact copy, because if there were the slightest dissimilarity, the statute would be evaded." Under the design act, in Bailey v. Harrison, a print had been copied on a handkerchief. The subject was a group of cricketers, and in the piracy one or two of them were made lefthanded, and the ball was in a different place ; the purpose seems hardly similar ; a handkerchief is an im- perfect substitute for a print. Broadhead and Wolstenholm related to a candlestick ; the drawing in the Journal of De- ( 41 ) signs for June, 1849, well illustrates the range of variation that may occur. See also a query about a tray in No. I. of the same work. The same remark applies to Gibbs and Sparway as to a granite paper, an imitation as to general effect on the eye, both papers representing granite blocked in relief, with a white outline, but the size and angle of the blocks were different. The designer had undertaken to produce something which would work the same, but be different in fact. The case was sustained. Kipling and Johnson related to a carpet. A scroll was a little extended into the border, a flower was introduced instead of a square figure, a line changed into a diamond, &c. In Hughes and Ford, a ribbon formed into a " Japonica " leaf, and placed between ruche, to form a bonnet trimming, was copied as to the leaf, but combined with a different border. Both these cases succeeded. In the case under the old act, Sheriffs, the patterns consisted of minute waving or dotted lines with a leaf on a uniform ground. The design was simple, and the piracy evident. The similarity of purpose failed in Martin's case. The exhibition of the diorama of Belshazzar's Feast was no publication such as the acts contemplated, and the dioramic effect, the size, the colour, made it no copy of the print. In Murray v. Heath an engraver retained certain impressions from a plate belong- ing to plaintiff, (a trade custom for this was stated, but not established), which subsequently came into the market (under bankruptcy), Held no piracy, the engraving acts requiring the copying the plate, the illegal use of the ori- ginal plate being only a breach of contract. A cheap and satisfactory tribunal is still a desideratum. Though equity requires only a brief possession, and has respect to the duration of the right, there was much in the argument in " Sheriff's case," that a patent of ninety days was a singular and inconvenient subject for the cumbrous and dilatory proceedings of Chancery; ere the question was determined the right would have expired, and the court be left to grapple with a shadow. The inferior courts again often show an aversion to the decision of design cases. In ( 42 ) one of these the aldermen thought the case not proved, but being asked in what respect? they " declined going further into the question." Another case was said by Mr. Jardine to be much too important to be disposed of in such a summary way, and quite foreign to the general business of police courts. The aldermen are often found spending several hours over a design case, and sometimes disagree- ing. The subject is perhaps somewhat more suitable to the county courts, and if equitable functions be hereafter extended to them, they may be an economic substitute for the Court of Chancery. The French possess a highly efficient machine in the " conseil de prudhommes," com- posed of masters and workmen, and having jurisdiction in all matters of a trading or commercial nature ; its juris- diction in piracy of trademarks, for instance, is obviously advantageous. The promptitude, economy, and accessi- bility of this tribunal, was admitted by the committee on the arts, (in the year 1835, out of 3835 cases, there were only 352 appeals), and if it were too extensive a novelty to be transplanted here, some body of a similar consti- tution might advantageously assist the regular court, whe- ther superior or inferior, acting as a kind of assessor, like the Trinity Masters in points of technical navigation, or matters of detail might be referred to them, as accounts to a Master in Chancery. As an instance of the difficulty of the discussion of technical matters by laymen, it is men- tioned that Lord Lyndhurst, then Mr. Copley, spent ten days in making himself familiar with the details of lace manufactory, previously to a patent case on that subject. When the article is for general purposes and sale, the judge in equity will inspect an article and decide on its identity ; but Lord Lyndhurst, on one occasion, was, " from ab- sence of means of sifting and cross-examining witnesses," " wholly incompetent to pronounce on the originality" of a design for calico, and though this difficulty no longer exists in a court of law, yet this latter is an inconvenient court for matters of technical detail. An advantage of a local, and still more of a commercial tribunal, is, that the ( 43 ) practical value of the matter in dispute is more felt j thus, when one alderman had objected to the waste of time on so trivial a subject, his colleague replied, that in his ward there were many such registrations, and that they were highly profitable. It would of course be necessary to pro- vide that the magistrate, if an unpaid functionary, have no sinister interest to bias him. The design act makes an ex- ception on this head, and not without reason, if we consider that at Manchester three magistrates, opponents of the bill before the committee, were, by their own admission, copiers. Any degree of difficulty attending the adminis- tration of the law suggests the advisability of making decisions on the subject matter of record. They would, even if sometimes erroneous, always be worth comparison in any future cases, and greatly economise judicial labour. It would be easy to require a minute of the proceedings in any case to be transmitted to the registering office, and allow a complainant to cite any previous cases in argu- ment before the magistrate. By some such plan as this an excellent foundation would be laid for future legislation, a business which, in copyright, has not always been so conducted as to give satisfaction. The Jurist protests that of all the bungling pieces of legislation, the copyright acts are the worst. The last editor of Jarman hints that a literary act might have been written in good grammar. When a committee reported on the defects of our legislative expression, the sculpture act was particularly referred to, and Lord Ellenborough's account of it, that it seemed framed to defeat its own object. The period at which the right terminates is various. Printed patterns have usually nine months; woven fabrics from one to three years. Other articles of ornament, as wood, glass, metal, &c., as well as the designs for utility, have three years. Prints have twenty-eight years. Sculp- ture fourteen, with a contingent fourteen, if the author survive the first. It may be doubted whether the per- petuity of copyright do not exist in these matters, as the fatal words " no longer" are not in the engraving and ( 44 ) other acts. But it is not likely that any practical attempt will be made to claim it. In France all designs for manu- facture are claimable at the will of the owner for one, two, or five years, or a perpetuity. If any fixed term, three months, three years, &c., be appointed, it must be needlessly long for one design and unjustly short for another, and of coure the most deserving will suffer most. This topic has been amply discussed in literature. In patents the injustice was so glaring that va- rious private acts were passed from time to time in favour of individuals, and subsequently the capability of prolonga- tion was adopted as a principle, and committed to appropri- ate ministers. The tardier maturity and prolonged bearing of the crop in patterns of a superior value in the same art was particularly brought forward in the evidence on calico. Measuring the term by the life of the author, or even of his widow, is quite indefeasible ; it is a relic of barbarism. The accidental value of a man's life cannot possibly affect the value of his works to society, nor the cost of the head- work spent upon them, except merely in one point of view, that the work of the veteran, the rich results of accumu- lated intellectual wealth, meet with the worst remuneration. A man knows that as his powers become worth more to society they are worth less to himself and his family ; and the inventor or artist, in those pursuits which by mechanical reproduction increase the happiness of all, is alone deprived of that stimulus which in all other professions encourage the student to strive unceasingly for perfection. Assuming thirty-six as an average age of maximum intellectual pro- duction, the twenty-eight years of an engraver would, per- haps, nearly agree with a life interest, and the sculptor would, in the majority of cases, get his contingent fourteen years, and the right of the chisel would lust as long as that of the graver. In manufacture design, the point of duration of life does not occur, the right going at once to the pro- prietor. Whatever hankering may have existed after the perpetuity of the ante-statutory right, it is satisfactory to ( 45 ) see that any alterations that have occurred in the latter acts relative to any kind of copyright have had the sign of plus prefixed; and the extensionists have hitherto had all the argument, much of the public sympathy, and a little of the success, and there is every prospect that this will hold good for the future also. Questions of " conflict," as to the different classes of im- material property, arise from the intrinsic merits of the case, or from the irregularity and interferences of different laws. Thus a song or a drama is at once intended for the stage and for the shop ; a print may be dealt with as an engraving or an illustration of a book. The cost, duration, &c. of the kinds of copyright may determine the owner's choice. The only question of this sort of practical import- ance is the strife between patents and designs for utility, out of which almost all the difficulty and discussion relative to the design acts has arisen. As regards all the minor inventions, and therefore the majority of them, the patent, from its enormous and inflexible cost, afforded no protec- tion at all. It is insisted on that the new act was ex- pressly provided to remedy this, and to such inventions it has been widely applied; but the validity of the rights obtained is questioned, and we have little of an authorita- tive nature to guide us in deciding what proportion of the registered designs might have been or may be maintained. It may be convenient to review the opinions advanced on the subject, which will also indicate the nature of the ques- tion ; and we will divide these into opinions of advocates or magistrates on particular cases, and opinions of writers on the general interpretation of the words of the act, " A de- sign for any article of manufacture having reference to a pur- pose of utility." Fox and Evans related to an illuminated night clock, in which the position of a point of light upon a dial was regulated by a candle, which burnt gradually down ; and this, in the defendant's invention, was effected by the action of a spring forcing itself upward as the candle wasted. The aldermen thought the purpose the same, and ( 46 ) fined the defendant. Price and Chambers was about an ironing stove. The plaintiff's stove heated irons at the front, sides, and top, and was made with handles so as to be moved to any fireplace. The other was of similar shape, but was to stand in the centre of a room, with a pipe of its own, and not to be attached to the fireplace. Decision : the use different, and case dismissed. Webb and Hughes, a kind of crimped lace, called ruche, and to be kept in round boxes, one length in each. In the plaintiff's tray or box the strips of lace were compactly packed in the parallel troughs made by the ridges of paper folded triangularly (see drawings in Mechanics' Magazine); the defendant economised space still more by slitting open the top edge of the ridge and putting one strip under as well as be- tween each ridge. The aldermen came to no decision; they thought the invention not a shape but a " principle." Wollferston and Warner (drawn in Mechanics' Magazine), was an ingenious arrangement of parts for opening or closing simultaneously, by one turn of one handle, three vents at different parts of a pipe. The other cock gave an exactly similar result; the relative position and organiza- tion of the parts was the same, but the outlines varied a little. It was pressed successfully on the aldermen sitting that it was the same purpose, the same mechanical con- trivance, but a change of shape. Case dismissed. The same defendants had the honour of appearing to a prosecution of Woolley, and were equally successful. In the gallery of the lamp (see Mechanics' Magazine) a thin metal conic disc approaches the top of the wick, by which the air is made to impinge on the flame, and this enables efficient com- bustion. It was not asserted to be new entirely, but new for camphine, and the lamp was expressly intended to burn this. Held, an application of mechanism, a new invention, and therefore not within the act. Kennedy and Coombs, the subject was an ink and light box ; the merit of which was, that by an alteration in the hinge so as to throw the lid upwards, and by putting a spring bolt into the lid instead of ( 47 ) the front, the box might be opened without extracting it from the space in the desk into which it was dropped. The defendant did the same thing by a different arrangement of bolt and another construction of hinge; the shape of the box was old, and not professed to be claimed. Mr. Hardwick decided that it was a new shape, not the same in substance. Margetson and Wright went first before two aldermen ; the design was the insertion of a brass or metal eyelet hole, which could not be torn, in a paper or other label of fragile material ; through the eye the fastening string was to be passed. In support of the value of the invention it was said that one man had saved 150Z. by its use attached to sacks where the unprotected label could not be trusted. The defendant objected to it as not within the act, as a principle, and put forward that the shape of his label was differently cut, and improved by doubling the pierced part. Decision for plaintiff. The case next came before Vice-Chancellor Knight Bruce, and was discussed at some length ; the previous conviction was dwelt upon ; and, on the other side, an opinion produced of the Attorney- General that it was not within the act. An account was ordered, and the point left to a court of law. It then went to the Queen's Bench, but the point, after all, was not settled, as the novelty was overthrown. In another case, Margetson and May, about a shirt collar, in which the breach was unquestionable, one of the aldermen objected to the trifling value of the thing, it was not worth registra- tion ; the object of the act was to reward great skill and ingenuity. His colleague defended it, mentioning that an equally trivial matter had, to his knowledge, produced a profit of 3000/. Evans and Harlow, though under the old act, bears on the utility question; a " lubricator" had been infringed, the elliptic shape being exchanged for a spherical one ; the value was stated by the plaintiff to be in " details and mechanical arrangement" of the interior, and this re- mained equally in the piracy, with some small colourable additions. It was dismissed, as not being a design for a ( 48 ) shape, or print, or model, as the act required. Vine and Johnson, about the same time, was similar. The design was for a churn, a tin cylinder placed in water ; the use of water in a churn was old, tin was old, cylinders were old : the case failed. Grassly's case was a plough, and succeeded. The point was started in some other cases, which went off on other grounds; the narrowest escape it had from a ju- dicial interpretation was in Millingen and Pickle. In the course of these cases various expositions of the act fell from the magistrates or parties employed profes- sionally. That it meant shape as a lamp glass ; that con- figuration applied to a tea tray or an urn, not a label ; that it was rather application than design. Utility was the test; a new application of an old form. Mr. Bingham spoke of shape, of an original combination of lines, not a mechanical action. Among authors on the subject we may mention Mr. Spence, who professes to arrive at the mean- ing of the act by comparing it with its predecessor, the or- namental act. The introduction of a scale to the drawing and a description shows that effect in operation as distin- guished from external effect is contemplated by the act, and provided for. But then he distinguishes it from the subject of a patent, viz., an invention or principle. It is form or shape only. The principle may exist in different shapes, but a registered matter must not be followed into any other shape, and he dwells on the case of the ink and light box as an illustration. He admits that any change of shape does in some degree change the action. And the introduction of verbal description in the registration implies some scope of variation. He sums up as subjects of re- gistration, purpose obtained by means of shape, or a shape producing purpose. Other gentlemen engaged in patent matters hold similar doctrines. Mr. Carpmael says all that is registrable in a table lamp is some peculiarity in the form of the stem, the oil vessel, or the shade, and no new mode of supplying oil to the wick of each, the wick or new apparatus to supply air for combustion, nothing but the ( 49 ) simple contour or configuration of the lamp or part of it. He asserts that no patent is registrable, and no regis- trable capable of a patent. Mr. Webster says that a lamp of the same description in all its parts, acting much in the same manner to produce the same end, would yet be no infringement so long as there were no imitation of the outer configuration. But a patent hardly ever depends on shape. Suppose a patent for an improved means of raising the oil from the stem of a lamp, it would be equally infringed whether external figure or design retained or not, so long- as means of raising oil preserved. Mr. Newton calls the whole act an abortion. And an article in the Jurist dwells on the necessity for guarding against confounding it with patent law. And in opposition to these gentlemen, who seem determined to keep the province of registration within as narrow bounds as possible, almost the only champion of the act is the Mechanics' Magazine, which, upon the first appearance of the act, welcomed it as " an act to make patents cheap." There were few inventions that were not within its confines and benefits. Chemicals, indeed, must be an exception ; but the limitation in the old act of " ex- ternal" form was removed. It was admitted that a new os- cillating or condensing steam engine would not be a regis- trable, but a wheel or a propeller would ; the writer leav- ing it ambiguous whether it were the nature of the invention that made the distinction, or only the relative value, im- portance or complication. Now, in this matter, to give registration fair play, we must not submit too far to the dicta of patent men ; they will not be very anxious to narrow the range of " principles of invention," or to extend that of inventions of forms and shapes. They look on themselves as licensed gamekeepers of the manor of useful art, and the registerers as so many poachers. Probably, if it were left to them, they would contract the limits of utility in form till nothing visible were left ; while it must be admitted, on the other hand, that a large part of the mechanical public are quite willing that it ( 50 ) should absorb the patent right entirely. Either extreme is theoretically possible; the most complex patent may be called a new form. A steam engine is a combination of certain hollow vessels, as cylinders and tubes, and solid parts, rods, cranks, &c., in such a way as to get a purpose of utility, viz., the sustaining a body of water in one recep- tacle near ignited substances in another, catching the force of the vapour in a third, and condensing it in a fourth. With the minor details and arrangements we have nothing to do. The purpose of utility is absolutely dependent on form, shape, and configuration ; for instance, the cylinder must be continuously connected with the boiler, or the steam will escape. The piston must be of uniform diameter, cylindric, not a cone, or it will not fill the stuffingbox, and will, moreover, be stronger at one part than another. For the mechanician insists that every part of a machine, how- ever complex, must have a certain definite proportion. It must be just going to break at every point. If it be a hair's- breadth stronger at any part, material is wasted. How then could such a registration steam engine be infringed on? Common sense and justice require that no colourable al- teration be permitted to evade it; for any the slightest deviation from the exact ideal form is injurious; besides, the act forbids the application of the form, or any part of it, to such purpose ; and that, by addition, subtraction, or variation. You cannot have principle without special form, any more than you can have respiration without lungs. Then, as to the other extreme, principle is never absent ; you might put all useful contrivances to the head of patents. A nail is an invention for fastening a board by the principle of friction, and provided with a means (called the head) of being placed in a position by percussive force. It is the mechanical property, the friction, that effects the primary object, and the impact force that supplies the se- cond part of the utility. The shape of the head is of no consequence ; any shape would do. The shape of the body of the nail is quite indefinite ; it is usually square in section ; ( 51 ) sometimes round ; it might be triangular ; the angle of re- sistance, which determines the taper of the nail, varies with the material of which it is made, and into which it is driven. This would never be capable of protection by an accurate drawing made to scale. To repeat the simile, lungs have no purpose of utility except through the principle and me- chanical action of respiration. The subject is analogous to that of ornamental design, in which it has been abundantly established that identity of effect on the beholder is the test of copying, not identity of form. See the cases of West, Roworth, Blackwell, &c. Sometimes, indeed, the exact precision of form is the essence of the thing. A glazier's diamond abrades the glass perfectly at one particular an- gular position of the crystal and no other; but had M. Argand registered his improvement in lamps, ought he to have lost it by another man making the wick and burner in a hollow square ? The effect would be the same ; but a circle and a square tube are surely different enough. Again, in a skylight the pane of glass is sometimes cut into an angle where it overlaps the next, that the wet may trickle down to the point, and so keep to the centre of the panes. If the base of the pane were made an arc of a circle, it would do equally well. Now an angle and a curve are geometrically as dissimilar as possible ; yet the last shape would be a mere variation of the first. How are the con- flicting claims of form and principle to be adjusted ? The first point to look to is the legal foundation of the right ; and here it may be remarked that the instructions issued by the registrar on utility design comprise two classes of paragraphs. Where they fix the forms and manner of procedure, they are fully equivalent in value to the act itself. They are made under its authority, and might be printed as a schedule to ii. But those notices with reference to the subjects capable of registration in point of form or principle, &c. are not law at all ; they are argument, opinion or advice. By virtue of the act, the registrar decides be- tween utility and ornament, and rejects labels and designs E2 ( 52 ) of objectionable character. Beyond this he can only ad- vise or give an opinion ; and this opinion may be employed before a magistrate merely as the opinion of a witness might. Thus the instructions say : " As" the act applies to shape, &c. no design containing a claim, &c. will be registered ; but the thing to be registered is, first, shape; this must be drawn, and with it purpose ; this must be described ; but there is nothing in the act to prevent the claim of a pur- pose or effect in the description, if the shape be defined by the drawing. The act expressly contemplates principle dependent on shape. The direction is, moreover, incon- sistent with another part of the instructions, which denies that the registration is any guarantee for the nature, extent and comprehensiveness of the protection afforded by it. This is in all probability aimed at the same question. But if the act, through its minister, the registrar, made a selection, and exercised a judgment, there must, when the act had done this, arise a corresponding legal effect as to the thing selected or adjudged. This is probably the meaning of the passage in the instructions; but the sense is not clear. Putting the main words in natural order, it affirms that the registration is not a guarantee for the nature, &c. of the protection given by the act. (It certainly could not have authority to control the act under which it exists.) " Therefore" parties should read the act before they take the benefit of it (which is good advice, independent of the " therefore"), in order that they may be satisfied as to the nature, &c. (Reading an act, by the bye, is not always satis- factory either as to the meaning of the words or their opera- tion.) It is curious that the instructions immediately after clo- sing the doors too strictly fall into an error of throwing them open too widely. They say that with this (prior) exception all designs (all in italics) will be registered ; so that the regis- trar relinquishes the power given him by the act of exclud- ing ornamental designs, labels and libels. The rules, how- ever, as the advice of the registrar, may be useful, and his opinion correct on the point in dispute ; and although his ( 53 ) device of printing shape and configuration in great letters and mechanical action in italics does not alter the typo- graphy of the act of parliament, it may render assistance in its perusal. Let us next look at the act itself. The first clause (pre- amble) : " such designs hereinafter mentioned, not being of an ornamental character, as are not included therein," i.e. in the previous act; therefore any non-ornamental de- sign included therein is not in this act. The sense might be amended by a transposition, such designs as not being ornamental are not included therein. The best plan of all would have been to omit both qualifications, and stop at " mentioned." Sect. 2 gives the right to apply any new and original design for any article of manufacture having reference to some purpose of utility, so far as such design shall be for the shape and configuration of such article, and for the whole or part, &c. Now the ornamental act includes designs applicable to patterns printed or painted, shape or configuration and ornament applied to ornament- ing, &c. The reference to the purpose of utility, though not concise, is intelligible ; it answers to the ornament of the former act. But the limitation is found far less ma- nageable; several of the judges have been puzzled by it; but, as mentioned, they came to no decision. Was it aimed at the patent question ? I think not. Let us put aside the commentaries, and keep to the act. The former act in- cluded patterns, ornaments and shape; therefore it was thought that there should be something corresponding to it in the new act, thus : A. B. C.l. C. 2. A new design for ornamenting Pattern, shape. Ornaments. A new design Utility. So far as for shape. Whole or part. Now A. B. run very well in pairs, but C. 1. is not complete. If the ornamental form were not the whole article, but only a part of it in a modified shape, as a wreath round a pedes- tal, that would be an " ornament ; " but if the utility were a dependent form, the top of an umbrella, and not the umbrella itself, this would hardly be a design for the shape ( 54 ) of the umbrella. Hence the addition of the whole or part to match the latter part of C. 2. Other points are worth noting. By Sect. 8, first, there is to be attached to the drawings a description in writing, to render the same intel- ligible, and set forth such parts of the design as are not new. Second, the drawings are to be on a proper geometric scale, (what is an improper geometric scale, and what other scale could be used ? ) A scale drawing is merely a correct drawing. A copy of a pattern must be correct; it might be traced mechanically, while the shape would be sketched by hand truth of proportion is therefore required by demanding a scale ; this therefore leaves the question where it was. The description is to make the drawing intelligible, and to point out the novelty. This latter point arises from registering parts of things. If a man drew a new spout, he must give the kettle also ; and then he must tell the registrar that he lays no claim to the kettle. The rendering the drawing intelli- gible may refer to the purpose of utility : an ornament describes itself, when it strikes the eye its purpose is effected ; or it may refer merely to the explanation of a complex form, the connection of the fixed and moving parts, and their thickness, &c. If the introduction of words have any effect in this matter, it must be to give latitude of construction. A drawing of a globe and a column, a pipe and a ring, a circle and a shilling would be different, but the WORD round is applied to every one of them. The WORD triangle pledges you to no proportion ; it may be equila- teral, rectangular, isosceles, or obtuse. As the act is so inexplicit, let us consider its origin and intent. Now it is a mistake to mix it up with patentism ; it was not intended to take off a slice of the patent law ; the collision of the two systems was not thought of. There were two arguments for the new act, the cequo and the bono. The bono was to stop the constant attempts at call- ing an ingenious design for use an ornament; the o o o m i i CM o fc H i I PH lO 1 o" o" 13 B .2 0* o > . . 2 J COT*" 5 rt So c/ a b J ' i C P ' r : i j I Patents Literature, music, maps . Engravings, maps Sculpture Drama and music not pub Lectures not published . /'Pattern*-/ Design. \ 3 a recover the same, together with his full costs of suit. provided the 6. Provided also, that the party prosecuting shall com- P rosecu t'n be , . . ' , i ' f i j commenced mence his prosecution within the space of six calendar months w j tn j n s j x after the offence committed. months after 7. And be it further enacted by the authority aforesaid, the fact, that the sole right and liberty of printing and reprinting in- j ne ^ght in- tended to be secured and protected by the said former act tended to be and this act shall be extended, continued and be vested in the secured by this respective proprietors for the space of twenty-eight years, to an( * tne f rm er commence from the day of the first publishing of any of the proprietors for works respectively hereinbefore and in the said former act the term of mentioned. twenty-eight 8. And be it further enacted by the authority aforesaid, that y ears from the if any action or suit shall be commenced or brought against first publication, any person or persons whatsoever for doing or causing to be Limitation of done anything in pursuance of this act, the same shall be actlons - brought within the space of six calendar months after the fact committed ; and the defendant or defendants in any such General issue, action or suit shall or may plead the general issue, and give the special matter in evidence ; and if, upon such action or Full costs, suit, a verdict shall be given for the defendant or defendants, or the plaintiff or plaintiffs become nonsuited, or discontinue ( 82 ) his, her or their action or actions, then the defendant or de- fendants shall have and recover full costs ; for the recovery whereof he shall have the same remedy as any other defend- ant or defendants in any other case hath or have by law. Recital of acts 8 Geo. 2 and 7 Geo. 3. After June 24, 1777, if any engraver, &c. shall, within the time limited by the aforesaid acts, engrave or 17 GEO. III. c. 57. An Act for more effectually securing the Property of Prints to Inventors and Engravers, by enabling them to sue for and recover Penalties in certain Cases. WHEREAS an act of parliament passed in the eighth year of the reign of his late majesty King George the Second, inti- tuled " An Act for the Encouragement of the Arts of de- signing, engraving and etching historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers during the Time therein mentioned :" and whereas by an act of parliament passed in the seventh year of the reign of his present majesty, for amending and rendering more effectual the aforesaid act, and for other purposes therein mentioned, it was (among other things) enacted, that from and after the first day of January, one thousand seven hundred and sixty- seven, all and every person or persons who should engrave, etch or work in mezzotinto or chiara oscuro, or cause to be engraved, etched or worked any print taken from any picture, drawing, model or sculpture, either ancient or modern, should have and were thereby declared to have the benefit and pro- tection of the said former act and that act for the term there- inafter mentioned, in like manner as if such print had been graved or drawn from the original design of such graver, etcher or draughtsman : and whereas the said acts have not effectually answered the purposes for which they were in- tended, and it is necessary for the encouragement of artists, and for securing to them the property of and in their works, and for the advancement and improvement of the aforesaid arts, that such further provisions should be made as are hereinafter mentioned and contained : may it therefore please your ma- jesty that it may 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, one thousand seven hundred and seventy-seven, if any engraver, etcher, printseller or other person, shall, within the time limited by the aforesaid acts, or either of them, engrave, etch or work, or cause or procure to be engraved, etched or worked in mez- ( 83 ) zotinto or chiaro oscuro or otherwise, or in any other manner et 9 1 '. & . c any copy in the whole or in part, by varying, adding to or dimi- P' int wilhout V- / , '. i 11 the consent of nisning from the main design, or shall print, reprint or import the p r0 p r i et0 r, for sale, or cause or procure to be printed, reprinted or im- he shall be liable ported for sale, or shall publish, sell or otherwise dispose of, or to damages and cause or procure to be published, sold or otherwise disposed of, d u l e costs, any copy or copies of any historical print or prints, or any print or prints of any portrait, conversation, landscape or architec- ture, map, chart or plan, or any other print or prints what- soever, which hath or have been or shall be engraved, etched, drawn or designed in any part of Great Britain, without the express consent of the proprietor or proprietors thereof first had and obtained in writing, signed by him, her, or them re- spectively, with his, her or their own hand or hands, in the presence of and attested by two or more credible witnesses, then every such proprietor or proprietors shall and may, by and in a special action upon the case, to be brought against the person or persons so offending, recover such damages as a jury on the trial of such action, or on the execution of a writ of inquiry thereon, shall give or assess, together with double costs of suit. 38 GEO. III. c. 71. An Act for encouraging the Art of making new Models and Casts of Busts and other Things therein mentioned. [21st June, 1798. WHEREAS divers persons have by their own genius, industry, Preamble, pains and expense, improved and brought the art of making new models and casts of busts, and of statues of human figures and of animals to great perfection, in hopes to have reaped the sole benefit of their labours; but that divers persons have (without the consent of the proprietors thereof) copied and made moulds from the said models and casts, and sold base copies and casts of such new models and casts, to the great prejudice and detriment of the original proprietors, and to the discouragement of the art of making such new models and casts as aforesaid : for remedy whereof, and for preventing such practices for the future, may it please your majesty that it may be enacted, and be it enacted by the king's most ex- cellent 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, The sole right from and after the passing of this act, every person who shall and property of G 2 making models or casts shall be vested in the original pro- prietor. Persons making copies of any model or cast without the consent of the proprietor may be prosecuted. ( 84 ) make or cause to be made any new model, or copy or cast made from such new model, of any bust or any part of the human figure, or any statue of the human figure, or the head of any animal or any part of any animal, or the statue of any animal, or shall make or cause to be made any new model, copy or cast from such new model in alto or basso relievo, or any work in which the representation of any human figure or figures, or the representation of any animal or animals shall be introduced, or shall make or cause to be made any new cast from nature of any part or parts of the human figure, or of any part or parts of any animal, shall have the sole right and property in every such new model, copy or cast, and also in every such new model, copy or cast in alto or basso re- lievo, or any work as aforesaid, and also in every such new cast from nature as aforesaid, for and during the term of fourteen years from the time of first publishing the same : provided always, that every person who shall make or cause to be made any such new model, copy or cast, or any such model, copy or cast in alto or basso relievo, or any work as aforesaid, or any new cast from nature as aforesaid, shall cause his or her name to be put thereon, with the date of the publication, before the same shall be published and exposed to sale. 2. And be it further enacted, that if any person shall, within the said term of fourteen years, make or cause to be made any copy or cast of any such new model, copy or cast, or any such model, copy or cast in alto or basso relievo, or any such work as aforesaid, or any such new cast from nature as aforesaid, either by adding to or diminishing from any such new model, copy or cast, or adding to or diminishing from any such new model, copy or cast in alto or basso relievo, or any such work as aforesaid, or adding to or diminishing from any such new cast from nature, or shall cause or procure the same to be done, or shall import any copy or cast of such new model, copy or cast, or copy or cast of such new model, copy or cast in alto or basso relievo, or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid for sale, or shall sell or otherwise dispose of, or cause or procure to be sold or exposed to sale, or otherwise disposed of, any copy or cast of any such new model, copy or cast, or any copy or cast of such new model, copy or cast in alto or basso relievo, or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid, without the express consent of the proprietor or proprietors thereof first had and obtained in writing, signed by him, her or them respectively, with his, her or their hand or hands, in the presence of and attested by two or more credible wit- nesses, then and in all or any of the cases aforesaid, every ( 85 ) proprietor or proprietors of any such original model, copy or cast, and every proprietor or proprietors of any such original model or copy or cast in alto or basso relievo, or any such work as aforesaid, or the proprietor or proprietors of any such new cast from nature as aforesaid respectively, shall and may, by and in a special action upon the case, to be brought against the person or persons so offending, recover such da- mages as a jury on the trial of such action, or on the execu- tion of a writ of inquiry thereon, shall give or assess, together with full costs of suit. 3. Provided nevertheless, that no person, who shall here- Except such after purchase the right, either in any such model, copy or persons who cast, or in any such model, copy or cast in alto or basso re- s ^ a " P ur chase lievo, or any such work as aforesaid, or any such new cast ^J e ^ e the from nature, of the original proprietor or proprietors thereof, pr ietor. shall be subject to any action for vending or selling any cast or copy from the same, anything contained in this act to the contrary hereof notwithstanding. 4. Provided also, that all actions to be brought as afore- Limitation of said against any person or persons for any offence committed actions, against this act shall be commenced within six calendar months next after the discovery of every such offence, and not afterwards. 54 GEO. III. c. 56. An Act to amend and render more effectual an Act of his present Majesty for encouraging the Art of making new ^ Models and Casts of Busts, and other Things therein men- tioned, and for giving further encouragement to such Arts. [18th May, 1814.] WHEREAS by an act passed in the thirty-eighth year of the 38Geo.3, c.71. reign of his present majesty, intituled " An Act for encourag- ing the Art of making new Models and Casts of Busts, and other things therein mentioned," the sole right and property thereof were vested in the original proprietors for a time therein specified : and whereas the provisions of the said act having been found ineffectual for the purposes thereby in- tended, it is expedient to amend the same, and to make other provisions and regulations for the encouragement of artists, and to secure to them the profits of and in their works, and for the advancement of the said arts : may it therefore please your majesty that it may 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 ( 86 ) The sole right same, that from and after the passing of this act, every person and property of or persons who shall make or cause to be made any new and all new and ori- original sculpture, or model, or copy, or cast of the human ginal sculpture, fig ure or human figures, or of any bust or busts, or of any "ndca'sts vSted P art or P arts of the h V man fi ur ?' clothed in drapery or in the pro- otherwise, or of any animal or animals, or of any part or prietors for parts of any animal, combined with the human figure or fourteen years, otherwise, or of any subject being matter of invention in sculpture, or of any alto or basso-relievo representing any of the matters or things hereinbefore mentioned, or any cast from nature of the human figure, or of any part or parts of the human figure, or of any cast from nature of any animal, or of any part or parts of any animal, or of any such subject containing or representing any of the matters and things here- inbefore mentioned, whether separate or combined, shall have the sole right and property of all and in every such new and original sculpture, model, copy and cast of the human figure or human figures, and of all and in every such bust or busts, and of all and in every such parlor parts of the human figure, clothed in drapery or otherwise, and of all and in every such new and original sculpture, model, copy and cast representing any animal or animals, and of all and in every such work re- presenting any part or parts of any animal combined with the human figure or otherwise, and of all and in every such new and original sculpture, model, copy and cast of any subject, being matter of invention in sculpture, and of all and in every such new and original sculpture, model, copy and cast in alto or basso-relievo, representing any of the matters or things hereinbefore mentioned, and of every such cast from nature, for the term of fourteen years from first putting forth or pub- lishing the same : provided, in all and in every case, the pro- prietor or proprietors do cause his, her or their name or names, with the date, to be put on all and every such new and ori- ginal sculpture, model, copy or cast, and on every such cast from nature, before the same shall be put forth or published, w v b_ 2. And be it further enacted, that the sole right and pro- lishcd under the perty of all works which have been put forth or published recited act under the protection of the said recited act, shall be extended, vested in the continued to and vested in the respective proprietors thereof proprietors for f or ^e term of fourteen years, to commence from the date when such last-mentioned works respectively were put forth or published. Persons putting 3. And be it further enacted, that if any person or persons forth pirated shall, within such term of fourteen years, make or import, or copies or pi- cause to be made or imported, or exposed to sale, or other- be l proseciUecT^ w ' se disposed anv pirated copy or pirated cast of any such new and original sculpture, or model or copy, or cast of the human figure or hu.nan figures, or of any such bust or busts, ( 87 ) or of any such part or parts of the human figure, clothed in drapery or otherwise, or of any such work of any animal or animals, or of any such part or parts of any animal or animals combined with the human figure or otherwise, or of any such subject being matter of invention in sculpture, or of any such alto or basso-relievo representing any of the matters or things hereinbefore mentioned, or of any such cast from nature as aforesaid, whether such pirated copy or pirated cast be produced by moulding or copying from, or imitating in any way, any of the matters or things put forth or published under the protection of this act, or of any works which have been put forth or published under the protection of the said recited act, the right and property whereof is and are secured, ex- tended and protected by this act, in any of the cases as afore- said, to the detriment, damage or loss of the original or re- spective proprietor or proprietors of any such works so pirated ; then and in all such cases the said proprietor or Damages and proprietors, or their assignee or assignees, shall and may, by double costs, and in a special action upon the case to be brought against the person or persons so offending, receive such damages as a jury on a trial of such action shall give or assess, together with double costs of suit. 4. Provided nevertheless, that no person or persons who Purchasers of shall or may hereafter purchase the right or property of any copyright se- new and original sculpture or model, or copy or cast, or of cure ^> n the any cast from nature, or of any of the matters and things published under or protected by virtue of this act, of the pro- prietor or proprietors, expressed in a deed in writing signed by him, her, or them respectively, with his, her or their own hand or hands, in the presence of and attested by two or more credible witnesses, shall be subject to any action for copying or casting or vending the same, any thing contained in this act to the contrary notwithstanding. 5. Provided always, and be it further enacted, that all Limitation of actions to be brought as aforesaid against any person or per- actions, sons for any offence committed against this act, shall be com- menced within six calendar months next after the discovery of every such offence, and not afterwards. 6. Provided always, and be it further enacted, that from An additional and immediately after the expiration of the said term of four- term of fourteen teen years, the sole right of making and disposing of such years, in case new and original sculpture, or model or copy, or cast of any the maker of the of the matters or things hereinbefore mentioned, shall return .... , , , ture, oiC. snail to the person or persons who originally made or caused to be ^ living, made the same, if he or they shall be then living, for the further term of fourteen years, excepting in the case or cases where such person or persons shall by sale or otherwise have di- vested himself, herself or themselves, of such right of making ( 88 ) or disposing of any new and original sculpture, or model, or copy, or cast of any of the matters or things hereinbefore mentioned, previous to the passing of this act. 17Geo.3,c. 57. Provisions of recited act ex- tended to Ire- land. Penalty on en- graving or pub- lishing any print without consent of pro- prietor. 6 & 7 WILL. IV. c. 59. An Act to extend the Protection of Copyright in Prints and Engravings to Ireland. [13ih August, 1836.] WHEREAS an act was passed in the seventeenth year of the reign of his late majesty King George the Third, intituled " An Act for more effectually securing the Property of Prints to Inventors and Engravers, by enabling them to sue for and recover Penalties in certain Cases :" and whereas it is de- sirable to extend the provisions of the said act to Ireland : be it therefore 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 passing of this act all the provisions contained in the said recited act of the seventeenth year of the reign of his late majesty King George the Third, and of all the other acts therein recited, shall be and the same are hereby extended to the united kingdom of Great Britain and Ireland. 2. And be it further enacted, that from and after the pass- ing of this act, if any engraver, etcher, printseller or other person shall, within the time limited by the aforesaid recited acts, engrave, etch or publish, or cause to be engraved, etched or published, any engraving or print of any description what- ever, either in whole or in part, which may have been or which shall hereafter be published in any part of Great Britain or Ireland, without the express consent of the proprietor or pro- prietors thereof first had and obtained in writing, signed by him, her or them respectively, with his, her or their own hand or hands, in the presence of and attested by two or more credible witnesses, then every such proprietor shall and may, by and in a separate action upon the case, to be brought against the person so offending in any court of law in Great Britain or Ireland, recover such damages as a jury on the trial of such action, or on the execution of a writ of inquiry thereon, shall give or assess, together with double costs of suit. ( 89 ) 5 & 6 VICT. c. 100. An Act to consolidate and amend the Lams relating to the Copyright of Designs for ornamenting Articles of Manu- facture. [10th August, 1842. WHEREAS by the several acts mentioned in the Schedule (A) to this act annexed there was granted, in respect of the woven fabrics therein mentioned, the sole right to use any new and original pattern for printing the same during the period of three calendar months : and whereas by the act mentioned in the schedule (B) to this act annexed there was granted, in respect of all articles except lace, and except the articles within the meaning of the acts herein-before referred to, the sole right of using any new and original design, for certain purposes, during the respective periods therein men- tioned ; but forasmuch as the protection afforded by the said acts in respect of the application of designs to certain articles of manufacture is insufficient, it is expedient to extend the same, but upon the conditions hereinafter expressed : now for that purpose, and for the purpose of consolidating the provisions of the said acts, be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lord's spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that this act shall come into operation on the first day Commencement of September, one thousand eight hundred and forty-two, of act, and re- and that thereupon all tlie said acts mentioned in the said P ea ^ f former schedules (A) and (B) to this act annexed shall be and they acts< are hereby repealed. 2. Provided always, and be it enacted, that notwithstand- Proviso as to ing such repeal of the said acts, every copyright in force existing copy- under the same shall continue in force till the expiration of r '8' lt8 ' such copyright; and with regard to all offences or injuries committed against any such copyright before this act shall come into operation, every penalty imposed and every remedy given by the said acts, in relation to any such offence or in- jury, shall be applicable as if such acts had not been repealed ; but with regard to such offences or injuries committed against any such copyright after this act shall come into operation, every penalty imposed and every remedy given by this act in relation to any such offence or injury shall be applicable as if such copyright had been conferred by this act. 3. And with regard to any new and original design (ex- Grant of copy - cept for sculpture and other things within the provisions of r 'g nt - the several acts mentioned in the schedule (C) to this act annexed), whether such design be applicable to the orna- menting of any article of manufacture, or of any substance, ( 90 ) artificial or natural, or partly artificial and partly natural, and that whether such design be so applicable for the pat- tern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means such design may be so applicable, whether by printing, or by painting, or by embroidery, or by weaving, or by sewing, or by modelling, or by casting, or by emboss- ing, or by engraving, or by staining, or by any other means whatsoever, manual, mechanical, or chemical, separate or combined ; be it enacted, that the proprietor of every such design, not previously published either within the united kingdom of Great Britain and Ireland or elsewhere, shall have the sole right to apply the same to any articles of ma- nufacture, or to any such substances as aforesaid, provided the same be done within the united kingdom of Great Bri- tain and Ireland, for the respective terms hereinafter men- tioned, such respective terms to be computed from the time of such design being registered according to this act ; (that is to say,) In respect of the application of any such design to orna- menting any article of manufacture contained in the first, second, third, fourth, fifth, sixth, eighth or eleventh of the classes following, for the term of three years : In respect of the application of any such design to orna- menting any article of manufacture contained in the seventh, ninth or tenth of the classes following, for the term of nine calendar months : In respect of the application of any such design to orna- menting any article of manufacture or substance con- tained in the twelfth or thirteenth of the classes follow- ing, for the term of twelve calendar months : Class 1. Articles of manufacture composed wholly or chiefly of any metal or mixed metals : Class 2. Articles of manufacture composed wholly or chiefly of wood : Class 3. Articles of manufacture composed wholly or chiefly of glass : Class 4. Articles of manufacture composed wholly or chiefly of earthenware : Class 5. Paper-hangings : Class 6. Carpets: Class 7. Shawls, if the design be applied solely by printing, or by any other process by which colours are or may hereafter be produced upon tissue or textile fabrics : Class 8. Shawls not comprised in class 7 : Class 9. Yarn, thread or warp, if the design be ap- plied by printing, or by any other process by which colours are or may hereafter be produced : ( 91 ) Class 10. Woven fabrics, composed of linen, cotton, woo], silk or hair, or of any two or more of such materials, if the design be applied by printing, or by any other process by which colours are or may hereafter be produced upon tissue or textile fabrics, excepting the articles included in Class 11 : Class 11. Woven fabrics, composed of linen, cotton, wool, silk or hair, or of any two or more of such materials, if the design be applied by printing or by any other process by which colours are or may hereafter be produced upon tissue or textile fabrics, such woven fabrics being or coming within the description technically called furnitures, and the repeat of the design whereof shall be more than twelve inches by eight inches : Class 12. Woven fabrics, not comprised in any pre- ceding class : Class 13. Lace, and any article of manufacture or substance not comprised in any preceding class. 4. Provided always, and be it enacted, that no person shall Conditions of be entitled to the benefit of this act, with regard to any de- copyright, sign in respect of the application thereof to ornamenting any article of manufacture, or any such substance, unless such design have before publication thereof been registered ac- Registration, cording to this act, and unless at the time of such registra- tion such design have been registered in respect of the appli- cation thereof to some or one of the articles of manufacture or substances comprised in the above-mentioned classes, by specifying the number of the class in respect of which such registration is made, and unless the name of such person shall be registered according to this act as a proprietor of such design, and unless after publication of such design every such article of manufacture or such substance to which the same shall be so applied, published by him, hath thereon, if the article of manufacture be a woven fabric for printing, at one end thereof, or, if of any other kind or such substance as aforesaid, at the end or edge thereof, or other convenient place thereon, the letters " R d ," together with such number Marks denoting or letter, or number and letter, and in such form as shall a registered correspond with the date of the registration of such design des 'g n - according to the registry of designs in that behalf; and such marks may be put on any such article of manufacture or such substance, either by making the same in or on the material itself of which such article or substance shall consist, or by attaching thereto a label containing such marks. 5. And be it enacted, that the author of any such new and The term " pro- original design shall be considered the proprietor thereof, prietor" ex- unless he have executed the work on behalf of another per- P la ' Ded ' son for a good or a valuable consideration, in which case Transfer of co- pyright and re- gister thereof. ( 92 ) such person shall be considered the proprietor, and shall be entitled to be registered in the place of the author ; and every person acquiring for a good or a valuable consideration a new and original design, or the right to apply the same to ornamenting any one or more articles of manufacture, or any one or more such substances as aforesaid, either exclusively of any other person or otherwise, and also every person upon whom the property in such design or such right to the appli- cation thereof shall devolve, shall be considered the propri- etor of the design in the respect in which the same may have been so acquired, and to that extent, but not otherwise. 6. And be it enacted, that every person purchasing or otherwise acquiring the right to the entire or partial use of any such design may enter his title in the register hereby provided, and any writing purporting to be a transfer of such design and signed by the proprietor thereof shall operate as an effectual transfer ; and the registrar shall, on request and the production of such writing, or in the case of acquiring such right by any other mode than that of purchase on the production of any evidence to the satisfaction of the registrar, insert the name of the new proprietor in the register ; and the following may be the form of such transfer and of such request to the registrar : Form of Transfer, and Authority to register. " I, A. B., author [or proprietor] of design, No. , having transferred my right thereto [or if such transfer be partial], so far as regards the ornamenting of [describe the articles of manufacture or substances, or the locality with respect to which the right is transferred] to B. C., of , do hereby authorize you to insert his name on the register of designs accordingly." Form of Request to register. tl I, B. C., the person mentioned in the above transfer, do request you to register my name and property in the said de- sign as entitled [if to the entire use] to the entire use of such design, [or if to the partial use] to the partial use of such de- sign, so far as regards the application thereof [describe the articles of manufacture, or the locality in relation to which the right is transferred]." But if such request to register be made by any person to whom any such design shall devolve otherwise than by trans- fer, such request may be in the following form : " I, C. D., in whom is vested by [state bankruptcy or otherwise] the design, No. [or if such devolution be of a partial right, so far as regards the application thereof] to [describe the articles of manufacture or substance, or the locality in relation to which the right has devolved]." ( 93 ) 7. And for preventing the piracy of registered designs, be Piracy of de- it enacted, that during the existence of any such right to the S1 ns - entire or partial use of any such design, no person shall either do or cause to be done any of the following acts with regard to any articles of manufacture or substances, in re- spect of which the copyright of such design shall be in force, without the license or consent in writing of the registered proprietor thereof; (that is to say), No person shall apply any such design, or any fraudulent imitation thereof, for the purpose of sale, to the orna- menting of any article of manufacture, or any sub- stance, artificial or natural, or partly artificial and partly natural : No person shall publish, sell or expose for sale any article of manufacture, or any substance, to which such design, or any fraudulent imitation thereof, shall have been so applied, after having received, either verbally or in writing, or otherwise, from any source other than the proprietor of such design, knowledge that his consent has not been given to such application, or after having been served with or had left at his premises a written notice signed by such proprietor or his agent to the same effect. 8. And be it enacted, that if any person commit any such Recovery of act he shall for every offence forfeit a sum not less than five P ena lti es * or pounds and not exceeding thirty pounds to the proprietor of the design, in respect of whose right such offence has been committed ; and such proprietor may recover such penalty as follows : In England, either by an action of debt or on the case, against the party offending, or by summary proceeding before two justices having jurisdiction where the party offending resides ; and if such proprietor proceed by such summary proceeding, any justice of the peace act- ing for the county, riding, division, city or borough, where the party offending resides, and not being con- cerned either in the sale or manufacture of the article of manufacture, or in the design to which such summary proceeding relates, may issue a summons requiring such party to appear on a day and at a time and place to be named in such summons, such time not being less than eight days from the date thereof; and every such sum- mons shall be served on the party offending, either in person or at his usual place of abode ; and either upon the appearance or upon the default to appear of the party offending, any two or more of such justices may proceed to the hearing of the complaint, and upon proof of the offence, either by the confession of the party offending, or upon the oath or affirmation of one or ( 94 ) more credible witnesses, which such justices are hereby authorized to administer, may convict the offender in a penalty of not less than five pounds or more than thirty pounds as aforesaid for each offence, as to such justices doth seem fit ; but the aggregate amount of penalties for offences in respect of any one design committed by any one person, up to the time at which any of the pro- ceedings herein mentioned shall be instituted, shall not exceed the sum of one hundred pounds ; and if the amount of such penalty or of such penalties, and the costs attending the conviction so assessed by such jus- tices, be not forthwith paid, the amount of the penalty or of the penalties, and of the costs, together with the costs of the distress and sale, shall be levied by distress and sale of the goods and chattels of the offender, wherever the same happen to be in England ; and the justices before whom the party has been convicted, or, on proof of the conviction, any two justices acting for any county, riding, division, city or borough in England, where goods and chattels of the person offending happen to be, may grant a warrant for such distress and sale ; and the overplus, if any, shall be returned to the owner of the goods and chattels on demand ; and every infor- mation and conviction which shall be respectively laid or made in such summary proceeding before two justices under this act, may be drawn or made out in the follow- ing forms respectively, or to the effect thereof, mutatis mutandis, as the case may require : Form of Information. " Be it remembered, That on the , at , in the county of , A. B. of , in the county of , [or, C. D. of , in the county of , at the instance and on the behalf of A. B. of , in the county of ,] cometh before us and , two of her majesty's justices of the peace in and for the county of , and giveth us to understand that the said A. B. before and at the time when the offence hereinafter mentioned was committed, was the proprietor of a new and original design for [here describe the design], and that within twelve calendar months last past, to wit, on the , at , in the county of , E. F. of , in the county of , did [here describe the offence^ contrary to the form of the act passed in the year of the reign of her present majesty, intituled ' An Act to ' consolidate and amend the Laws relating to the Copy- 1 right of Designs for ornamenting Articles of Manu- ' facture.' " ( 95 ) Form of Conviction. " Be it remembered, That on the day of in the year of our Lord , at , in the county of , E. F. of , in the county aforesaid, is con- victed before us and , two of her majesty's justices of the peace for the said county, for that he the said E. F. on the day of , in the year , at , in the county of , did \here describe the offence], contrary to the form of the statute in that case made and provided; and we the said justices do adjudge that the said E. F. for his offence aforesaid hath forfeited the sum of to the said A. B." In Scotland, by action before the court of session in ordi- nary form, or by summary action before the sheriff of the county where the offence may be committed or the offender resides, who, upon proof of the offence or offences, either by confession of the party offending or by the oath or affirmation of one or more credible wit- nesses, shall convict the offender and find him liable in the penalty or penalties aforesaid, as also in expenses ; and it shall be lawful for the sheriff, in pronouncing such judgment for the penalty or penalties and costs, to insert in such judgment a warrant, in the event of such penalty or penalties and costs not being paid, to levy and recover the amount of the same by poinding ; pro- vided always, that it shall be lawful to the sheriff, in the event of his dismissing the action and assoilzieing the defender, to find the complainer liable in expenses ; and any judgment so to be pronounced by the sheriff in such summary application shall be final and conclusive, and not subject to review by advocation, suspension, re- duction or otherwise. In Ireland, either by action in a superior court of law at Dublin, or by civil bill in the civil bill court of the county or place where the offence was committed. 9. Provided always, and be it enacted, that notwithstand Proviso as to ing the remedies hereby given for the recovery of any such action for da- penalty as aforesaid, it shall be lawful for the proprietor in ma g es - respect of whose right such penalty shall have been incurred (if he shall elect to do so) to bring such action as he may be entitled to for the recovery of any damages which he shall have sustained, either by the application of any such design or of a fraudulent imitation thereof for the purpose of sale, to any articles of manufacture or substances, or by the pub- lication, sale or exposure to sale as aforesaid by any person, of any article or substance to which such design or any frau- dulent imitation thereof shall have been so applied, such per- Registration may in some cases be can- celled or amended. Penalty for wrongfully using marks denoting a registered design. Limitation of actions. ( 96 ) son knowing that the proprietor of such design had not given his consent to such application. 10. And be it enacted, that in any suit in equity which may be instituted by the proprietor of any design, or the person lawfully entitled thereto, relative to such design, if it shall appear to the satisfaction of the judge having cognizance of such suit, that the design has been registered in the name of a person not being the proprietor or lawfully entitled thereto, it shall be competent for such judge, in his discretion, by a decree or order in such suit, to direct either that such registration be cancelled (in which case the same shall thence- forth be wholly void), or that the name of the proprietor of such design, or other person lawfully entitled thereto, be substituted in the register for the name of such wrongful proprietor or claimant, in like manner as is hereinbefore di- rected in case of the transfer of a design, and to make such order respecting the costs of such cancellation or substitution, and of all proceedings to procure and effect the same as he shall think fit ; and the registrar is hereby authorized and required, upon being served with an official copy of such decree or order, and upon payment of the proper fee, to comply with the tenor of such decree or order, and either cancel such registration or substitute such new name, as the case may be. 11. And be it enacted, that unless a design applied to or- namenting any article of manufacture or any such substance as aforesaid be so registered as aforesaid, and unless such design so registered shall have been applied to the ornament- ing such article or substance within the united kingdom of Great Britain and Ireland, and also after the copyright of such design in relation to such article or substance shall have expired, it shall be unlawful to put on any such article or such substance, in the manner hereinbefore required with respect to articles or substances whereto shall be applied a registered design, the marks hereinbefore required to be so applied, or any marks corresponding therewith or similar thereto ; and if any person shall so unlawfully apply any such marks, or shall publish, sell, or expose for sale any article of manufacture, or any substance with any such marks so unlawfully applied, knowing that any such marks have been unlawfully applied, he shall forfeit for every such offence a sum not exceeding five pounds, which may be recovered by any person proceeding for the same by any of the ways hereinbefore directed with respect to penalties for pirating any such design. 12. And be it enacted, that no action or other proceeding for any offence or injury under this act shall be brought after the expiration of twelve calendar months from the commission ( 97 ) of the offence ; and in every such action or other proceeding the party who shall prevail shall recover his full costs of suit or of such other proceeding. 13. And be it enacted, that in the case of any summary Justices may proceeding before any two justices in England, such justices order payment are hereby authorized to award payment of costs to the party f g^' r y as< prevailing, and to grant a warrant for enforcing payment proceeding, thereof against the summoning party if unsuccessful, in the like manner as is hereinbefore provided for recovering any penalty with costs against any offender under this act. 14. And for the purpose of registering designs for articles Registrar, &c. of manufacture, in order to obtain the protection of this act, of de . sl 8 n j| to ** be it enacted, that the lords of the committee of privy coun- a PP" cil for the consideration of all matters of trade and plan- tations may appoint a person to be a registrar of designs for ornamenting articles of manufacture, and, if the lords of the said committee see fit, a deputy registrar, clerks, and other necessary officers and servants ; and such registrar, deputy registrar, clerks, officers and servants, shall hold their offices during the pleasure of the lords of the said committee ; and the commissioners of the treasury may from time to time fix the salary or remuneration of such registrar, deputy registrar, clerks, officers and servants ; and, subject to the provisions of this act, the lords of the said committee may make rules for regulating the execution of the duties of the office of the said registrar, and such registrar shall have a seal of office. 15. And be it enacted, that the said registrar shall not re- Registrar's gister any design in respect of any application thereof to or- duties, namenting any articles of manufacture or substances, unless he be furnished, in respect of each such application, with two copies, drawings or prints of such design, accompanied with the name of every person who shall claim to be proprietor, or of the style or title of the firm under which such proprietor may be trading, with his place of abode or place of carrying on his business, or other place of address, and the number of the class in respect of which such registration is made ; and the registrar shall register all such copies, drawings or prints, from time to time successively, as they are received by him for that purpose ; and on every such copy, drawing or print he shall affix a number corresponding to such succession ; and he shall retain one copy, drawing or print, which he shall file in his office, and the other he shall return to the person by whom the same has been forwarded to him ; and in order to give ready access to the copies of designs so registered, he shall class such copies of designs, and keep a proper index of each class. 16. And be it enacted, that upon every copy, drawing or print of an original design so returned to the person register- design. ing as aforesaid, or attached thereto, and upon every copy, drawing or print thereof received for the purpose of such registration, or of the transfer of such design being certified thereon or attached thereto, the registrar shall certify under his hand that the design has been so registered, the date of such registration, and the name of the registered proprietor, or the style or title of the firm under which such proprietor may be trading, with his place of abode or place of carrying on his business, or other place of address, and also the num- ber of such design, together with such number or letter, or number and letter, and in such form as shall be employed by him to denote or correspond with the date of such registra- tion ; and such certificate made on every such original de- sign, or on such copy thereof, and purporting to be signed by the registrar or deputy registrar, and purporting to have the seal of office of such registrar affixed thereto, shall, in the absence of evidence to the contrary, be sufficient proof, as follows : Of the design and of the name of the proprietor therein mentioned having been duly registered ; and Of the commencement of the period of registry ; and Of the person named therein as proprietor being the pro- prietor ; and Of the originality of the design ; and Of the provisions of this act, and of any rule under which the certificate appears to be made, having been complied with : And any such writing purporting to be such certificate shall, in the absence of evidence to the contrary, be received as evidence, without proof of the handwriting of the signature thereto, or of the seal of office affixed thereto, or of the person signing the same being the registrar or deputy registrar. Inspection of 17. And be it enacted, that every person shall be at liberty registered de- to inspect any design whereof the copyright shall have ex- signs, pired, paying only such fee as shall be appointed by virtue of this act in that behalf; but with regard to designs whereof the copyright shall not have expired, no such design shall be open to inspection, except by a proprietor of such design or by any person authorized by him in writing, or by any person specially authorized by the registrar, and then only in the presence of such registrar, or in the presence of some person holding an appointment under this act, and not so as to take a copy of any such design or of any part thereof, nor without paying for every such inspection such fee as aforesaid : pro- vided always, that it shall be lawful for the said registrar to give to any person applying to him, and producing a parti- cular design, together with the registration mark thereof, or producing such registration mark only, a certificate stating ( 99 ) whether of such design there be any copyright existing, and if there be, in respect to what particular article of manufacture or substance such copyright exists, and the term of such copyright, and the date of registration, and also the name and address of the registered proprietor thereof. 18. And be it enacted, that the commissioners of the trea- Application of sury shall from time to time fix fees to be paid for the services f * es of re g' slra - to be performed by the registrar, as they shall deem requi- site, to defray the expenses of the said office, and the salaries or other remuneration of the said registrar, and of any other persons employed under him, with the sanction of the com- missioners of the treasury, in the execution of this act ; and the balance, if any, shall be carried to the consolidated fund of the united kingdom, and be paid accordingly into the re- ceipt of her majesty's exchequer at Westminster ; and the commissioners of the treasury may regulate the manner in which such fees are to be received, and in which they are to be kept, and in which they are to be accounted for, and they may also remit or dispense with the payment of such fees in any cases where they may think it expedient so to do : pro- vided always, 'that the fee for registering a design to be applied to any woven fabric mentioned or comprised in classes 7, 9 or 10, shall not exceed the sum of one shilling; that the fee for registering a design to be applied to a paper hanging shall not exceed the sum of ten shillings ; and that the fee to be received by the registrar for giving a certificate relative to the existence or expiration of any copyright in any design printed on any woven fabric, yarn, thread or warp, or printed, embossed or worked on any paper hanging, to any person exhibiting a piece end of a registered pattern, with the registration mark thereon, shall not exceed the sum of two shillings and sixpence. 19. And be it enacted, that if either the registrar or any Penalty for person employed under him either demand or receive any extortion, gratuity or reward, whether in money or otherwise, except the salary or remuneration authorized by the commissioners of the treasury, he shall forfeit for every such offence fifty pounds to any person suing for the same by action of debt in the Court of Exchequer at Westminster ; and he shall also be liable to be either suspended or dismissed from his office, and rendered incapable of holding any situation in the said office, as the commissioners of the treasury see fit. 20. And for the interpretation of this act, be it enacted, interpretation that the following terms and expressions, so far as they are of act. not repugnant to the context of this act, shall be construed as follows ; (that is to say) the expression " commissioners of the treasury" shall mean the lord high treasurer for the time being, or the commissioners of her majesty's treasury H 2 ( 100 ) Alteration of act. for the time being, or any three or more of them ; and the singular number shall include the plural as well as the sin- gular number ; and the masculine gender shall include the feminine gender as well as the masculine gender. 21. And be it enacted, that this act may be amended or repealed by any act to be passed in the present session of parliament. SCHEDULES referred to by the foregoing Act. SCHEDULE (A). Date of Acts. Title. 27 Geo. 3, c. 38. (1787.) 29 Geo. 3, c. 19. (1789.) 34 Geo. 3, c. 23. (1794.) 2 Viet, c. 13. (1839.) An Act for the Encouragement of the Arts of designing and printing Linens, Cottons, Calicoes and Muslins, by vesting the Properties thereof in the Designers, Printers and Proprietors for a limited Time. An Act for continuing an Act for the Encouragement of the Arts of designing and printing Linens, Cottons, Calicoes and Muslins, by vesting the Properties thereof in the Designers, Printers and Proprietors for a limited Time. An Act for amending and making perpetual an Act for the Encouragement of the Arts of designing and printing Linens, Cottons, Calicoes and Muslins, by vesting the Properties thereof in the Designers, Printers and Pro- prietors for a limited Time. An Act for extending the Copyright of Designs for Calico Printing to Designs for printing other woven Fabrics. SCHEDULE (B). Date or Act. Title. 2 Viet. c. 17. (1839.) An Act to secure to Proprietors of Designs for Articles of Manufacture the Copyright of such Designs for a limited Time. ( 101 ) SCHEDULE (C). Date or Acts. Title. 38 Geo. 3, c. 71. (1798). 54 Geo. 3, c. 56. (1814.) An Act for encouraging the Art of making new Models and Casts of Busts and other Things therein men- tioned. An Act to amend and render more effectual an Act for encouraging the Art of making new Models and Casts of Busts and other Things therein mentioned, and for giving further Encouragement to such Arts. 6 & 7 VICT. c. 65. An Act to amend the Lams relating to the Copyright of Designs. [22nd August, 1843.] WHEREAS by an act passed in the fifth and sixth years of the reign of her present majesty, intituled " An Act to conso- 5 & 6 Viet, lidate and amend the Laws relating to the Copyright of Designs Cg 10CK for ornamenting Articles of Manufacture," there was granted to the proprietor of any new and original design, with the exceptions therein mentioned, the sole right to apply the same to the ornamenting of any article of manufacture, or any such substance as therein described, during the respective periods therein mentioned : and whereas it is expedient to extend the protection afforded by the said act to such designs hereinafter mentioned, not being of an ornamental character, as are not included therein : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present par- liament assembled, and by the authority of the same, that this Commencement act shall come into operation on the first day of September, of act. one thousand eight hundred and forty three. 2. And with regard to any new or original design for any Grant of copy- article of manufacture having reference to some purpose of right, utility, so far as such design shall be for the shape or confi- guration of such article, and that whether it be for the whole of such shape or configuration or only for a part thereof, be it enacted, that the proprietor of such design not previously published within the united kingdom of Great Britain and Ireland or elsewhere, shall have the sole right to apply such design to any article, or make or sell any article according to such design, for the term of three years, to be computed from ( 102 ) Proviso. 38Geo.3,c.71, 54Geo. 3,c.56. Conditions of copyright. Penalty for wrongfully using marks denoting a re- gistered design. Floor or oil cloths included in class six. Certain provi- sions of 5 & 6 Viet. c. 100, to apply to this act. the time of such design being registered according to this act : provided always, that this enactment shall not extend to such designs as are within the provisions of the said act, or of two other acts passed respectively in the thirty-eighth and fifty- fourth years of the reign of his late majesty King George the Third, and intituled respectively " An Act for encouraging the Art of making new Models and Casts of Busts, and other Things therein mentioned," and " An Act to amend and render more effectual an Act for encouraging the Art of making new Models and a Casts of Busts, and other things therein men- tioned." 3. Provided always, and be it enacted, that no person shall be entitled to the benefit of this act unless such design have before publication thereof been registered according to this act, and unless the name of such person shall be registered according to this act as a proprietor of such design, and unless after publication of such design every article of manufacture made by him according to such design, or on which such design is used, hath thereon the word " registered," with the date of registration. 4. And be it enacted, that unless a design applied to any article of manufacture be registered either .as aforesaid or ac- cording to the provisions of the said first-mentioned act, and also after the copyright of such design shall have expired, it shall be unlawful to put on any such article the word " regis- tered, "or to advertise the same for sale as a registered article ; and if any person shall so unlawfully publish, sell, or expose or advertise for sale any such article of manufacture, he shall forfeit for every such offence a sum not exceeding five pounds nor less than one pound, which may be recovered by any person proceeding for the same by any of the remedies hereby given for the recovery of penalties for pirating any such design. 5. And be it enacted, that all such articles of manufacture as are commonly known by the name of floor cloths or oil cloths shall henceforth be considered as included in class six in the said first-mentioned act in that behalf mentioned, and be registered accordingly. 6. And be it enacted, that all and every the clauses and provisions contained in the said first-mentioned act, so far as they are not repugnant to the provisions contained in this act, relating respectively to the explanation of the term pro- prietor, to the transfer of designs, to the piracy of designs, to the mode of recovering penalties, to actions for damages, to cancelling and amending registrations, to the limitation of actions, to the awarding of costs, to the certificate of registra- tion, to the fixing and application of fees of registration, and to the penalty for extortion, shall be applied and extended to this present act as fully and effectually, and to all intents ( 103 ) and purposes, as if the said several clauses and provisoes had been particularly repeated and re-enacted in the body of this act. 7. And be it enacted, that so much of the said first-men- Appointment of tioned act as relates to the appointment of a registrar of de- registrar, &c. signs for ornamenting articles of manufacture, and other offi- cers, as well as to the fixing of the salaries for the payment of the same, shall be and the same is hereby repealed ; and for the purpose of carrying into effect the provisions as well of this act as of the said first-mentioned act, the lords of the committee of the privy council for the consideration of all matters of trade and plantations may appoint a person to be registrar of designs for articles of manufacture, and, if the lords of the said committee see fit, an assistant registrar and other necessary officers and servants ; and such registrar, assistant registrar, officers and servants shall hold their offices during the pleasure of the lords of the said committee ; and such registrar shall have a seal of office ; and the commis- sioners of her majesty's treasury may from time to time fix the salary or other remuneration of such registrar, assistant registrar and other officers and servants ; and all the provi- sions contained in the said first-mentioned act, and not hereby repealed, relating to the registrar, deputy registrar, clerks, and other officers and servants thereby appointed and therein named, shall be construed and held to apply respectively to the registrar, assistant registrar, and other officers and ser- vants to be appointed under this act. 8. And be it enacted, that the said registrar shall not re- Registrar's gister any design for the shape or configuration of any article dunes. of manufacture as aforesaid, unless he be furnished with two exactly similar drawings or prints of such design, with such description in writing as may be necessary to render the same intelligible according to the judgment of the said registrar, together with (he title of the said design, and the name of every person who shall claim to be proprietor, or of the style or title of the firm under which such proprietor may be trad- ing, with his place of abode, or place of carrying on business, or other place of address ; and every such drawing or print, Drawings, together with the title and description of such design, and the name and address of the proprietor aforesaid, shall be on one sheet of paper or parchment, and on the same side thereof; and the size of the said sheet shall not exceed twenty-four inches by fifteen inches ; and there shall be left on one of the said sheets a blank space on the same side on which are the said drawings, title, description, name and address, of the size of six inches by four inches, for the certificate herein mentioned ; and the said drawings or prints shall be made on a proper geometric scale ; and the said description shall set ( 104 ) Discretionary power as to re- gistry vested in the registrar. forth such part or parts of the said design (if any) as shall not be new or original ; and the said registrar shall register all such drawings or prints from time to time as they are re- ceived by him for that purpose ; and on every such drawing or print he shall affix a number corresponding to the order of succession in the register, and he shall retain one drawing or print which he shall file at his office, and the other he shall return to the person by whom the same has been forwarded to- him ; and in order to give a ready access to the designs so registered, he shall keep a proper index of the titles thereof. 9. And be it enacted, that if any design be brought to the said registrar to be registered under the said first-mentioned act, and it shall appear to him that the same ought to be re- gistered under this present act, it shall be lawful for the said registrar to refuse to register such design otherwise than under the present act and in the manner hereby provided ; and if it shall appear to the said registrar that the design brought to be registered under the said first-mentioned act or this act is not intended to be applied to any article of manufacture, but only .to some label, wrapper or other covering in which such article might be exposed for sale, or that such design is contrary to public morality or order, it shall be lawful for the said registrar, in his discretion, wholly to refuse to register such design : provided always, that the lords of the said com- mittee of privy council may, on representation made to them by the proprietor of any design so wholly refused to be re- gistered as aforesaid, if they shall see fit, direct the said re- gistrar to register such design, whereupon and in such case the said registrar shall be and is hereby required to register the same accordingly. 10. And be it enacted, that every person shall be at liberty to inspect the index of the titles of the designs, not being or- namental designs, registered under this act, and to take copies from the same, paying only such fees as shall be appointed by virtue of this act in that behalf; and every person shall be at liberty to inspect any such design, and to take copies thereof, paying such fee as aforesaid ; but no design whereof the copyright shall not have expired shall be open to inspec- tion, except in the presence of such registrar, or in the pre- sence of some person holding an appointment under this act, i and not so as to take a copy of such design, nor without pay- ing such fee as aforesaid. Interpretation of 11. And, for the interpretation of this act, be it enacted, that the following terms and expressions, so far as they are not repugnant to the context of this act, shall be construed as follows ; (that is to say,) the expression " commissioners of the treasury" shall mean the lord high treasurer for the time being, or the commissioners of her majesty's treasury of the Proviso. Inspection of index of titles of designs, \c act. ( 105 ) united kingdom of Great Britain and Ireland for the time being, or any three or more of them ; and the singular num- ber shall include the plural as well as the singular number, and the masculine gender shall include the feminine gender as well as the masculine gender. 12. And be it enacted, that this act may be amended or Alteration of repealed by any act to be passed in the present session of act - parliament. 7 VICT. c. 12. An Act to amend the Law relating to International Copy- right. [10th May, 1844. WHEREAS [recites literary and dramatic acts]. And whereas under or by virtue of the four several acts next herein-after mentioned ; (that is to say,) an act passed in the eighth year of the reign of his late majesty King George the Second, 8 G. 2, c. 13. intituled "An Act for the Encouragement of the Arts of de- signing, engraving and etching historical and other Prints, by vesting the Properties thereof in the Inventors or Engravers during the Time therein mentioned;" an act passed in the seventh year of his late majesty King George the Third, 7 G. 3, c. 38. intituled " An Act to amend and render more effectual an Act made in the Eighth Year of the Reign of King George the Second, for Encouragement of the Arts of designing, en- graving and etching historical and other Prints ; and for vesting in and securing to Jane Hogarth, Widow, the Pro- perty in certain Prints ; " an act passed in the seventeenth 17 G. 3, c. 57. year of the reign of his late majesty King George the Third, intituled " An Act for more effectually securing the Property of Prints to Inventors and Engravers, by enabling them to sue for and recover Penalties in certain Cases ; " and an act passed in the session of parliament held in the sixth and 6 & 7 W. 4, seventh years of the reign of his late majesty King William c. 59. the Fourth, intituled " An Act to extend the Protection of Copyright in Prints and Engravings to Ireland ;" (and which said four several acts are hereinafter, for the sake of perspi- cuity, designated as the Engraving Copyright Acts ; ) every person who invents or designs, engraves, etches, or works in mezzotinto or chiaro-oscuro, or from his own work, design or invention causes or procures to be designed, engraved, etched or worked in mezzotinto, or chiaro-oscuro any histo- rical print or prints, or any print or prints of any portrait, conversation, landscape, or architecture, map, chart, or plan, or any other print or prints whatsoever, and every person ( 106 ) who engraves, etches, or works in mezzotinto or chiaro- oscuro, or causes to be engraved, etched or worked, any print taken from any picture, drawing, model or sculpture, either ancient or modern, notwithstanding such print shall not have been graven or drawn from the original design of such graver, etcher, or draftsman, is entitled to the copyright of such print for the term of twenty-eight years from the first publishing thereof; and by the said several engraving copyright acts it is provided that the name of the proprietor shall be truly engraved on each plate, and printed on every such print, and remedies are provided for the infringement of such copyright : and whereas under and by virtue of an 38 G. 3, c. 71. act passed in the thirty-eighth year of the reign of his late majesty King George the Third, intituled " An Act for en- couraging the Art of making new Models and Casts of Busts and other Things therein mentioned," and of an act passed 54 G. 3, c. 56. in the fifty-fourth year of the reign of his late majesty King George the Third, intituled " An Act to amend and render more effectual an Act of his present Majesty, for encouraging the Art of making new Models and Casts of Busts and other things therein mentioned, and for giving further Encourage- ment to such Arts," (and which said acts are, for the sake of perspicuity, hereinafter designated as the Sculpture Copyright Acts,) every person who makes or causes to be made any new and original sculpture, or model or copy or cast of the human figure, any bust or part of the human figure clothed in drapery or otherwise, any animal or part of any animal combined with the human figure or otherwise, any subject, being matter of invention in sculpture, any alto or basso relievo, representing any of the matters aforesaid, or any cast from nature of the human figure or part thereof, or of any animal or part thereof, or of any such subject repre- senting any of the matters aforesaid, whether separate or combined, is entitled to the copyright in such new and original sculpture, model, copy and cast, for fourteen years from first putting forth and publishing the same, and for an additional period of fourteen years in case the original maker is living at the end of the first period ; and by the said acts it is provided that the name of the proprietor, with the date of the publication thereof, is to be put on all such sculptures, models, copies and casts, and remedies are pro- vided for the infringement of such copyright, recites that the previous international act did not extend the privilege of copyright to prints and sculpture first published abroad. 2. Her majesty, by order in council, may direct that as to " books, prints, articles of sculpture and other works of art to be defined in such order," " first published in any foreign country to be named in such order, the authors, inventors, ( 107 ) designers, engravers and makers thereof respectively, their respective executors, administrators and assigns, shall have the privilege of copyright therein during such period or re- spective periods as shall be defined in such order, not ex- ceeding however" the term given to publication in England by the recited or any future acts. 3. Books. 4. All enactments in previous acts to apply to subjects of this act, unless excepted by the order. 5. Music and the drama. 6. Within a time to be prescribed by the order as regards prints, the title, name and abode of inventor, designer or engraver, and of the proprietor, and the time and place of the first publication in the foreign country, to be registered at Stationers' Hall, and a copy delivered upon the best paper on which the largest number of impressions is printed for sale ; and as regards articles of sculpture or any other such work of art as aforesaid, a descriptive title, name and abode of maker, name of proprietor, and time and place of publica- tion abroad. 7. If book anonymous, omit author's name. 8. Mode of keeping registers ; sum for making entry, one shilling. 9. Alteration of wrongful entries. 10. Books not to be imported from other countries than those named. 11. Deposit copies delivered within one month to British Museum. 12. Subsequent editions of books. 13. The term given by the order may vary with different countries and different classes of works. 14. The international right must be reciprocal. 15. Orders must be published in the London Gazette, 16. And laid before parliament, 17. And may be revoked. 18. Not to prevent translation of books. 19. No other copyright to exist in such works published abroad. 20. Interpretation. 21. May be repealed. ( 108 ) COPYRIGHT OF DESIGNS. DESIGNS FOR ORNAMENTING ARTICLES OF MANUFACTURE. Designs Office, 4, Somerset Place, Somerset House. BY the Consolidated Designs Copyright Act, 5 & 6 Viet. c. 100, commencing its operation the 1st September, 1842, a copyright or property is given to the authors or proprietors of original designs for ornamenting any article of manufacture or substance, for the various terms specified in the following classes : Class. Article. Copyright. 1. Articles composed wholly or chiefly of metal. 3 years , 2. Articles do. do. do. wood . 3 3. Articles do. do. do. glass . 3 ,, 4. Articles do. do. do. earth- enware 3 ,, 5. Paper hangings 3 ,, 6. Carpets, floorcloths and oil cloths 3 7. Shawls (patterns printed) 9 months 8. Shawls (patterns not printed) 3 years 9. Yarn, thread or warp (printed) 9 months 10. Woven fabrics (patterns printed, except those included in class 11) 9 11. Woven fabrics, furnitures (patterns printed the repeat exceeding 12in. by Sin.) 3 years 12. Woven fabrics (patterns not printed) 12 months 13. Lace and all other articles 12 ., The rights conferred upon the authors or proprietors of original designs are subjected to the following conditions : 1st. The design must be registered before publication. 2nd. After registration, every article of manufacture pub- lished by the proprietor, on which such design is used, must have thereon, or attached thereto, a particular mark, which will be exhibited on the certificate of re- gistration. These conditions being observed, the right of the pro- prietor is protected from piracy by a penalty of from five pounds to thirty pounds for each offence, each individual il- legal publication or sale of a design constituting a separate offence. This penalty may be recovered by the aggrieved party either by action in the superior courts, or by a sum- mary proceeding before two magistrates. If a design be executed by the author on behalf of another person, for a valuable consideration, the latter is entitled to be registered as the proprietor thereof; and any person pur- chasing either the exclusive or partial right to use the design, ( 109 ) is in the same way equally entitled to be registered ; and for the purpose of facilitating such transfers, a short form (copies of which may be procured at the registrar's office) is given in the act. A penalty of five pounds is imposed in the case of any person who shall put the registration mark on any design not registered, or after the copyright thereof has expired, or when the design has not been applied within the united kingdom. All designs of which the copyright has expired may be inspected at the registrar's office, on the payment of the proper fee; but no design, the copyright of which is existing, is in general permitted to be seen. Any person, however, may, by application at the office, and on production of the registration mark of any particular design, be furnished with a certificate of search, stating whether the copyright be in existence, and in respect to which article of manufacture it exists ; also the term of such copyright and the date of re- gistration, and the name and address of the registered pro- prietor. Any party may also, on the production of a piece of the manufactured article with the pattern thereon, together with the registration mark, be informed whether such pattern, supposed to be registered, be really so or not. DIRECTIONS FOR REGISTERING. All persons wishing to register a design must bring or send to the registrar's office two exactly similar copies thereof, for each class under which the same is proposed to be registered, together with the proper fees. These copies may consist either of portions of the manufactured articles (except carpets, oil cloths and woollen shawls), when such can conveniently be done (as in the case of paper hangings, calico prints, &c.), or else of prints or drawings (not in pencil), which, whether coloured or not, must be correct representations of the de- sign, when the article is of such a nature as not to admit of being pasted in a book. Should the paper hangings or fur- nitures exceed forty-two inches in length, by twenty-three inches in breadth, drawings will be required ; but they must not exceed these dimensions. These copies must be accom- panied with the name and address, distinctly written or printed, of the proprietor or proprietors, or with the title of the firm under which he or they may be trading, and the place of carrying on business, and also with the number of that one of the above classes, in respect of which such design is in- tended to be registered. After the design has been regis- tered, one of the two copies will be filed at the office, and the other returned to the proprietor, with a certificate annexed, ( no ) on which will appear the mark to be placed on each article of manufacture on which the design is used. A design may be registered in respect of one or more of the above classes, according as it is intended to be employed in one or more species of manufacture ; but two separate copies must be furnished, and a separate fee paid on account of each separate class, and all such registrations must be made at the same time. It is expected that all persons bringing designs to be regis- tered will compare such designs together before delivery, count them and examine their certificates previous to leaving the office, as no error can afterwards be attended to. In case of the transfer of a registered design, a copy or the certified copy must be transmitted to the registrar, together with the forms, which can be procured at the office properly filled up and signed, the transfer will then be registered, and the copy returned with a certificate annexed. All communications for the registration of designs may be made either through the general post, directed to " The Re- gistrar of Designs, Designs Office, London," (and parcels so directed, containing designs, are not restricted in weight to sixteen ounces), or by any other mode of conveyance ; and provided the carriage be paid and the proper fees, or a post office order for the amount, payable at the post office at No. 180, Strand, to James Hill Bowen, Esq., be enclosed, the designs will be duly registered, and the certified copies re- turned to the proprietor free of expense. Postage stamps, orders upon bankers or other persons, and country and Scotch bank notes cannot be received in payment of fees. The Designs Office, No. 4, Somerset Place, Somerset House, is open every day between the hours of ten in the morning and four in the afternoon. Designs and transfers are registered from eleven until three. The following are the fees ordered to be paid by the trea- sury : TABLE OF FEES. Registering designs : Copyright. *. d. Class 1, 3 years . 300 Class 2, do 1 Class 3, do 1 Class 4, do 1 Class 5, do 10 Class 6, do 1 Class 7, 9 months 010 Class 8, 3 years 1 Class 9, 9 months 010 ( 111 ) Copyright. ,. d. Class 10, 9 months 010 Class J 1 , 3 years 5 Class 12, 12 months 5 Class 13, do 5 Transfer 1 o Certifying design same as registration fee, but for class 1 1 Cancellation or substitution 1 Search 2 6 Inspection of all the designs of which the copy- right has expired each class 1 Inspection of all the designs registered under the act 2 & 3 Viet. c. 17 010 Taking copies of expired designs, each 1 Directions for registering articles of utility under the act 6 & 7 Viet. c. 65, may be procured at the office. DIRECTIONS FOR REGISTERING AND SEARCHING. REGISTERING. Persons proposing to register a design for purposes of utility must bring or send to the registrar's office Two exactly similar drawings or prints thereof made on a proper geometric scale. The title of the design. The name and address of the proprietor or proprietors, or the title of the firm under which he or they may be trading, together with their place of abode or place of carrying on business, distinctly written or printed. A description in writing sufficient to make intelligible the purpose of utility to be obtained by the shape or confi- guration of such design. A short and distinct statement of such part or parts (if any) as shall not be new or original, and (if necessary) of such part or parts as shall be new and original. Note. The description and statement must be con- tained in separate paragraphs, and each must be strictly confined to what is above described. The said two drawings or copies must, together with the title, name, &c. be on two separate sheets of paper or parch- ment, only one side of which must be written or drawn upon. Neither of these sheets must exceed in size twenty-four inches by fifteen inches, and on the same side as the drawings, &c., there must be left a blank space of the size of six inches by ( 112 ) four inches, upon which the certificate of registration will be placed. As the act 6 & 7 Viet. c. 65, applies only to the shape or configuration of articles of utility, and not to any mechanical action, principle, contrivance or application (except in so far as these may be dependent upon, and inseparable from, the shape or configuration), no design will be registered the de- scription of or statement respecting which shall contain any wording that shall be a suggestive of a claim for any such mechanical action, principle, contrivance or application. With this exception all designs, the drawings and descrip- tions of which are properly prepared and made out, will be registered without reference to the nature or extent of the copyright sought to be thereby acquired ; as proprietors of designs must use their own discretion in judging whether or not the design proposed for registration be for the shape or configuration of an article of utility coming within the meaning and scope of the act. After the design has been registered, one of the drawings will be filed at the office, and the other returned to the pro- prietor duly stamped and certified. Parties bringing designs to this office before twelve o'clock will be informed at four o'clock the same day whether they are approved of, and if so, they will be registered the fol- lowing day, and the certified copies will be ready for delivery after three o'clock on that subsequent. TRANSFERS. In case of the transfer of a registered design, a copy thereof made on one sheet of paper, with a blank space left for the certificate, must be transmitted to the registrar, together with the forms of application (which may be procured at the office), properly filled up and signed ; the transfer will then be regis- tered, and the certified copy returned. Proprietors of designs and agents must see that the title, names, &c. are correct on delivering their designs, and are expected to examine their certificates previous to leaving the office, as no error can afterwards be rectified. SEARCHES. An index of the titles and proprietors of all the registered designs for articles of utility is kept at the registrar's office, and may be inspected by any person, and extracts made from it. All such designs, the copyright of which is expired, may be seen and copied at the office. Any such designs, the copyright of which is unexpired, ( 113 ) may also be inspected, but copies are not allowed to be taken from them. Directions for registering ornamental designs under the act 5 & 6 Viet. c. 100, may also be procured at the office. The Registrar's Office, 4, Somerset Place, Somerset House, is open every day between the hours of ten in the morning and four in the afternoon, during which time inquiries and searches may be made. Designs and transfers are registered from eleven until three. By order of the registrar, J. H. BOWEN, Clerk. COPYRIGHT OF DESIGNS, By the Act 6$ 7 Viet. c. 65. DESIGNS FOR ARTICLES OF UTILITY. Designs Office, 4, Somerset Place, Somerset House. By the above-mentioned act a copyright of three years is given to the author or proprietor of any new and original design for the shape or configuration either of the whole or of part of any article of manufacture having reference to some purpose of utility, whether such article be made in metal or any other substance. To obtain this protection, it is necessary 1st. That the design should be registered before publi- cation. 2nd. That after registration, every article of manufacture published by the proprietor, and made according to such design, or to which such design is applied, should have upon it the word " registered," with the date of registration. In case of piracy of a design so registered, the same re- medies are given, and the same penalties imposed (from five pounds to thirty pounds for each offence) as under the act for protecting ornamental design, 5 & 6 Viet. c. 100, and all the provisions contained in the latter act relating to the trans- fer of ornamental designs, in case of purchase or devolution of a copyright, are made applicable to those useful designs registered under this act. In addition to this a penalty of not more than five pounds, nor less than one pound, is imposed upon all persons marking, selling or advertising for sale any article as " registered," unless the design for such article has been registered under one of the above-mentioned acts. ( 114 ) TABLE OF FEES. Stamp. Fee. Total. s. d. s. d. s. d. Registering design 500 500 1000 Certifying former registration ....500 100 600 Registering and certifying transfer .500 100 600 Cancellation or substitution 100 100 Inspecting register, index of titles and names 010 010 Inspecting designs (expired copy- rights) each volume 010 010 Taking copies of designs (expired copyright) each copy 020 020 Inspecting designs (unexpired copy- rights) each design 050 050 Parties are strongly recommended to read the act before determining to register their designs, in order that they may be satisfied as to the nature, extent and comprehension of the protection afforded by it, of which the registration will not constitute any guarantee. All communications for the registration of designs, either for ornamental or useful purposes, may be made either through the general post, directed to the " Registrar of Designs, Designs Office, London," or by any other mode of conveyance ; and provided the carriage be paid, and the proper fees, or a post office order for the amount, payable at the post office at No. 180, Strand, to James Hill Bowen, Esq., be enclosed, the designs will be duly registered, and the certified copies re- turned to the proprietor free of expense. Postage stamps, orders upon bankers or other persons, and Scotch and country bank notes cannot be received in payment of fees. London : Primed by C. Roworth and Sons, Bell Yard. Temple Bar. WORKS RECENTLY PUBLISHED BY F. ELSWORTH, 19, CHANCERY LANE. WEBSTER'S TREATISE OK LETTERS- PATENT. In royal 8vo. price 3s. 6d. cloth. A TREATISE on the Subject-matter. 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The Second Edition, containing the most recent Decisions and the Statutes passed in the Session 9 & 10 Victoria. By H. T. J. Macnamara, of Lincoln's Inn, Esq., Special Pleader. IB 12rao. (1847.) Price 14s. boards. TAYLOR ON JOINT STOCK COMPANIES. A PRACTICAL TREATISE on the ACT for the REGISTRATION, REGULATION, and INCORPORATION of JOINT STOCK COMPANIES, 7 & 8 Viet. c. 110 (as amended by 10 & 11 Viet. c. 78), with Directions for the provisional and com- plete Registration of Companies ; intended as a Guide to Persons concerned in the Formation and Management of Companies towards compliance with the Provisions of the Registration Act. To which is added a PRECEDENT of a DEED of SETTLEMENT, prepared and settled in conformity with the provisions of the Act. By George Taylor, Writer to the Signet, Assistant Registrar of Joint Stock Companies. In 8vo. (18470 Price 14s. boards. BISSETT ON PARTNERSHIP. 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RAILWAY PARLIAMENTARY PRACTICE, with an APPENDIX, containing the Standing Orders of both Houses of Parliament relating to Railways, &c. ; to which is added, a Treatise on the Rights of Parties to oppose the Preamble and Clauses of a Railway Bill, and to the Insertion therein of Protective and Com- pensatory Clauses. By Henry Riddell, Esq., of the Middle Temple, Barrister at Law. In I2mo. (1846.) Price 10*. boards. ELLIS ON INSURANCE. The LAW of FIRE and LIFE INSURANCE and ANNUITIES, with PRACTICAL OBSERVATIONS. Part I. The Law of Fire Insurance Part II. The Law of Life Insurance. Part III. The Law of Annuities. By Charles Ellis, Esq., of Lincoln's Inn, Barrister at Law. The Second Edition, revised and enlarged. In 8vo. (1846.) Price 10s. boards. DOWDESWELL ON INSURANCE. The LAW of LIFE and FIRE INSURANCE, with an Appendix of Comparative Tables of Life Insurance. By George Morley Dowdeswell, Esq., of the Inner Temple, Barrister at Law. In 12mo. (1846.) Price 6s. boards. HINDMARCH ON PATENTS. A TREATISE on the LAW relating to PATENT PRIVILEGES for the sole use of Inventions, and the Practice of obtaining Letters Patent for Inventions, with an Appendix of Statutes, Rules, Forms, &c. &c. By W. M. Hindmarch, Esq., Barrister at Law. In 8vo. (1846.) Price ll. Is. boards. RAILWAY LIABILITIES. As they affect Subscribers, Committees, Allottees, and Scripholders inter se, and Third Parties. By J. C. Symons, Esq., Barrister at Law. Price 2s. 6d. KENNEDY ON ANNUITIES. A TREATISE on ANNUITIES, with an Appendix, containing the Statutes on the Subject. By C. R. Kennedy, Esq., Barrister at Law. Price 2s. Qd. (1846.) GREENWOOD ON LOAN SOCIETIES. The LAW of LOAN SOCIETIES, established under the Statute 3 & 4 Victoria, c. 110. By John Greenwood, M. A., Barrister at Law. Price 2s. I2mo. (1846.) WORDSWORTH'S JOINT STOCK COMPANIES. The LAW of RAILWAY, BANKING, MINING, CANAL, and other JOINT STOCK COMPANIES ; including the Law relating to the Transfer of Shares, Actions for Calls, Compensations, Bankruptcy of Companies, Remedies in Equity, by Injunction and otherwise; with an Appendix, containing all the Statutes, including those of the last Session, for England, Scotland and Ireland ; Forms of Parliamentary and Subscription Contracts, general Forms in Use by Railway Companies, Deeds of Settlement, and other Forms for Banking, Mining, and other Companies ; Forms of Pleadings, &c. &c. By Charles Wordsworth, Esq., of the Inner Temple, Barrister at Law. Fifth Edition, in Bvo. (1845.) Price ll. 6s. boards. BLACKBURN ON CONTRACTS. A TREATISE on the EFFECT of the CONTRACT of SALE on the Legal Rights of Property and Possession in Goods, Wares, and Merchandise. By Colin Blackburn, of the Inner Temple, Esq., Barrister at Law. In 8ro. (1845.) Price 12*. boards. WILLIAM BENNING AND CO., 43, FLEET STREET. 11 HILDYARD ON MARINE INSURANCE. A TREATISE on the PRINCIPLES of the LAW of MARINE INSURANCES. By Francis Hildyard, M. A., of the Inner Temple, Esq., Barrister at Law. In royal 8vo. (1845.) Price ll. 10s. boards. BILLING ON AWARDS AND ARBITRATIONS. A PRACTICAL TREATISE on the LAW of AWARDS and ARBITRATIONS, with Forms of Pleadings, Submissions, and Awards. By Sidney Billing, Esq., Barrister at Law. In 8vo. (1845.) Price 14s. boards. BILLING AND PRINCE ON PATENTS. The LAW and PRACTICE of PATENTS and REGISTRATIONS of DESIGNS, with the Pleadings and all the necessary Forms. By Sidney Billing, of the Middle Temple, Esq., Barrister at Law, and Alexander Prince, of the Office for Patents of Inventions, &c. In 8vo. (1845.) Price 12*. boards. COMPOSITION WITH CREDITORS. A TREATISE on the LAW relating to COMPOSITION with CREDITORS, with an Appendix, containing Precedents of Pleadings and Deeds. By William Forsyth, Esq., M. A., Barrister at Law. Second Edition, 8vo. (1844.) Price Qs. boards. GODSON ON PATENTS AND COPYRIGHTS. A PRACTICAL TREATISE on the LAW of PATENTS for INVENTIONS and of COPYRIGHT, illustrated with Notes of the Principal Cases ; with an Abstract of the Laws in Force in Foreign Countries. Second Edition. To which is added a Supplement containing the Law to the Present Time. By Richard Godson, M. A., M. P., Barrister at Law. In 8vo. (1844.) Price ll. Is. boards. The Supplement may be had separately, price 6s. boards. PARK ON MARINE INSURANCE. A SYSTEM of the LAW of MARINE INSURANCES, with Three Chapters on Bottomry, on Insurances on Lives, and on Insurances against Fire. By Sir James Allan Park, Knight, late one of the Judges of Her Majesty's Court of Common Pleas. By Francis Hildyard, Esq., M. A., of the Inner Temple, Barrister at Law. Eighth Edition, 2 vols, royal 8co. (1842). Price ll. boards. CHITTY'S STAMP LAWS. A PRACTICAL TREATISE on the STAMP LAWS, with an Appendix of the Statutes, and Notes thereon. By J. Chitty, Esq. Second Edition. By John Walter Hulme, Esq., Barrister at Law. 12zo. (1841.) Price 12s. boards. PRINCIPAL AND AGENT. A TREATISE on the LAW of PRINCIPAL and AGENT, chiefly with Reference to Mercantile Transactions. By W. Paley, of Lincoln's Inn, Esq., Barrister at Law. With considerable Additions, by J. H. Lloyd, Esq., Barrister at Law. Third Edition, 8vo. (1840.) Price 12s. boards. LAW RELATING TO THE PUBLIC FUNDS. LAW relating to the PUBLIC FUNDS and the Equitable and Legal Remedies with respect to Funded Property ; including the Practice by Distringas and under the Statute 1 & 2 Viet. c. 110, with References to the Cases on the Foreign Funds and Public Companies, and an Appendix of Forms. By J. J. Wilkinson, Esq., of Gray's Inn, Special Pleader. In 12mo. (1839-) Price 12s. boards. HUGHES ON INSURANCE. A TREATISE on the LAW relating to INSURANCE ; viz., I. Of Marine Insurance. II. Of Insurance of Lives. III. Of Insurance against Fire. By D. 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The PUBLIC HEALTH ACT, 11 & 12 Viet. c. 63, and The NUISANCES REMOVAL ACT, 11 & 12 Viet. c. 123; with Notes and Indexes; being a Companion to the Law of Sewers. By Humphry W. Woolrych, Esq., Barrister at Law. In 12mo. (1848.) Price 5s. boards. The PUBLIC HEALTH ACT, and Forms of Petitions, Orders, Informations, Warrants, Notices, Awards, Convictions, and other Proceedings necessary for putting it into Execution ; with Explanatory Notes and an Index. By Thomas Howard Fellows, of the Inner Temple, Special Pleader. In I2mo. (1848.) Price 5s. boards. WOOLRYCH ON WAYS. A TREATISE of the LAW of WAYS ; including Highways, Turnpike Roads and Tolls, Private Right of Way, Bridges and Ferries, with the Law of the Prescription Act, 2 & 3 Wm. 4, c. 71, and of Railways, as far as they relate to Highways and Turnpike Roads. Second Edition. By Humphry W. Woolrych, Esq., of the Inner Temple, Barrister at Law. In 8vo. (18470 Price ll. Is. boards. WOOLRYCH ON INCLOSURES. The NEW INCLOSURE ACT, 8 & 9 Viet. c. 118; with Notes and Indexes. By H. W. Woolrych, Esq., Barrister at Law. In Svo. (1846.) Price 6s. boards. PAUPER LUNATICS. The PAUPER LUNATIC ASYLUM ACT, (8 & 9 Viet. c. 126), with an Analysis of its Provisions, Explanatory Notes, and a Copious Index. By J. F. Povvnall, of Lincoln's Inn, Esq., Barrister at Law. In 8i?o. (1845). Price 4s. boards. WILLIAM BENNING AND CO., 43, FLEET STREET. 13 PARTY WALLS AND FENCES. The LAW of PARTY WALLS and FENCES, including the New Metropolitan Buildings Act, with Notes. By H. W. Woolrych, of the Inner Temple, Esq., Barrister at Law. In 8vo. (1844.) Price 12s. boards. STEER'S PARISH LAW. PARISH LAW ; being a Digest of the Law relating to Parishes, Churches and Chapels, Parish Registers, Ministers of Churches and Chapels, Vestries and Parish Meetings, Churchwardens, Parish Clerks, Sextons and Beadles, Dissenters, Highways, Parish and County Rates, Watching and Lighting Parishes, Weights and Measures, Disorderly Houses, Militia and Jury List, Justices of the Peace, Constables, Watchmen, &c., Vagrants, Lunatics, Overseers, Guardians, Settlement, Friendly Societies, &c., and the Relief, Settlement, and removal of the Poor. Second Edition. By G. Clive, Esq., Barrister at Law, late Assistant Poor Law Commissioner. Second Edition, in 8vo. (1843.) Price ll. 4s. boards. RIGHTS OF COMMON. A TREATISE on the LAW of RIGHTS of COMMON, with a Supplement containing the new Cases and Statutes to the present time. By H. W. Woolrych, Esq., Barrister at Law. In 8vo. (1835.) Price 15s. boards. The Supplement may be had separately, price Is. WATERS AND SEWERS. A TREATISE on the LAW of WATERS and SEWERS; including the Law relating to Rights in the Sea, and Rights in Rivers, Canals, Dock Companies, Fisheries, Mills, Watercourses, User of Rights connected with Water, Obstruction and other Injuries, with Remedies in such Cases. Extinguishment, Suspension, Revivor. Incidents to Rights connected with Water. Indictments and Pleadings, Evidence, &c. Of Commission of Sewers, and their Origin. Of the Duties and Powers of Commissioners of Sewers. Of the Proceedings of Commissioners of Sewers in Furtherance of the Powers intrusted to them. Of the various Proceedings which may be had against Commissioners of Sewers, and Forms of Precedents, with a Supplement containing the Cases and Statutes to 1834. By H. W. Woolrych, Esq., Barrister at Law. The Supple- ment may be had separately, price 2s. In 8vo. (1834.) Price 18s. boards. ARCHBOLD'S QUARTER SESSIONS. The JURISDICTION and PRACTICE of the COURT of QUARTER SESSIONS. With Forms of Indictments, Notices of Appeal, &c. By John Frederick Archbold, Esq., Barrister at Law. In 12mo. (1836). Price 14*. boards. COMMITMENTS AND CONVICTIONS. ARCHBOLD'S (J. F.) LAW relative to COMMITMENTS and CONVICTIONS, by Justices of the Peace, with Forms; to which are added Lord Lansdowne's Acts. In llmo. (1828.) Price 14s. 6d. boards. 14 CATALOGUE OF LAW BOOKS PUBLISHED BY ECCLESIASTICAL LAW, ETC. ROGERS'S ECCLESIASTICAL LAW. A Practical Arrangement of ECCLESIASTICAL LAW. By Francis Newman Rogers, Esq., Barrister at Law, Recorder of Exeter, and Deputy Judge Advocate General. Second Edition, considerably enlarged. (1849.) Price ll. 16s. boards. HAMPDEN CASE. A Report of the CASE of the Right Rev. R. D. HAMPDEN, D. D., Lord Bishop Elect of Hereford, in Hereford Cathedral, the Ecclesiastical Courts, and the Queen's Bench, with the Judgments and Arguments authenticated ; the Records and Documents in full, and a copious Index. By Richard Jebb, Esq., A.M., of Lincoln's Inn, Barrister at Law. In royal 8vo. Price 12s. boards. WADDILOVE'S DIGEST. A DIGEST of CASES decided in the Court of Arches, the Prerogative Court of Canterbury, and the Consistory Court of London, and on Appeal therefrom to the Judicial Committee of the Privy Council; with References to the leading analagous Decisions in the House of Lords, and the Courts of Law and Equity, and to the several Statutes and Text Books which bear on Questions within the Jurisdiction of the Ecclesiastical Courts. By Alfred Waddilove, D. C. L., Advocate in Doctors' Commons, and Barrister at Law of the Inner Temple. In royal 8vo. (1849-) Price ll. 5s. boards. WILLIAMS ON EXECUTORS. A TREATISE on the LAW of EXECUTORS and ADMINISTRATORS. By Edward Vaughan Williams, of Lincoln's Inn, Esq., Barrister at Law (now one of the Judges of Her Majesty's Court of Common Pleas.) Fourth Edition. In 2 vols. royal Svo. (184Q.) Price 3l. 8s. cloth boards. LAWS OF THE CLERGY. A PRACTICAL TREATISE on the LAWS relating to the CLERGY. By Archibald John Stephens, Esq., Barrister at Law. In 2 vols. royal Svo. (1848.) Price ll. 18s. boards. This publication is intended to supply the clerical and legal professions with a practical Treatise of Clerical Law. The alphabetical arrangement of the subjects has been adopted with a view to convenience of reference. The authenticated judgments of Lord Denman, Mr. Justice Patteson, Mr. Justice Coleridge, and Mr. Justice Erie, in Regina v. Archbishop of Canterbury, relating to the confirmation of the elections of Bishops, and the opinions of the Court in Regina v. Chadwick, as to the legality of a marriage with the sister of a deceased wife will be found, inter alia, in the Addenda. ROPER ON LEGACIES. A TREATISE on the LAW of LEGACIES. By R. S. Donnison Roper, Esq., Barrister at Law, and by Henry Hopley White, Esq., Barrister at Law, of the Middle Temple. Fourth Edition. In 2 vols. royal Svo. (18470 Price 31. 3s. boards. PHILLIMORE ON DOMICIL. The LAW of DOMICIL. By Robert Phillimore, Esq., Advocate in Doctors' Commons, and Barrister at Law. In Svo. (18470 Price Qs. boards. WILLIAM BENNING AND CO., 43, FLEET STREET. 15 LAW'S CHURCH BUILDING ACTS. The ACTS for BUILDING and PROMOTING of additional CHURCHES in populous Parishes, arranged and harmonized with a Preamble, Appendix, and Index. By James T. Law, A.M., late Special Commissary of the Diocese of Bath and Wells. In 8vo. (1847-) Price 6s. boards. EDWARDS'S ABRIDGMENT OF THE WILLS' ACT. ABRIDGMENT of CASES in the Prerogative Court, under the New Statutepf Wills, 1 Viet. c. 26, being a Digest of all the Decisions thereon in that Court, and arranged under the Sections to which they apply respectively ; with Notes and Index, intended as a Work of Reference and Practice, with respect to the Execution of Wills. By Edwin Edwards, Esq., of Doctors' Commons. In I2mo. (1846.) Price 5s. boards. BILLING ON PEWS. 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