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liberty of representing it, or causing it to se represented, at any place of dramatic entertainment; and the author or assignees of any such work, printed and published within ten years before the date of the act, should have the same privilege, for twenty-eight years from publication, and for the remainder of the author's life, if he lived longer; the penalty for violating these enactments to be enforced by action for damages, with double costs, to be brought within twelve months from the commission of the offence. The 5 & 6 Vict. c. 45, has extended the term of the sole liberty of representing dramatic pieces to the period provided by that act for the copyright of books, and gives the same protection to the authors of musical pieces and their assigns. The remedies provided by the 3 Will. IV. c. 15, in the case of dramatic pieces are confirmed by the 5 & 6 Vict. c. 45, and extended to musical pieces. The 5 & 6 Vict. c. 45, also enacts that no assignment of the Copyright of any book consisting of a dramatic piece or musical composition shall convey the right of representing or performing such dramatic piece or musical composition, unless an entry, expressing the intention that such right should pass by the assignment, be made in the registry book at Stationers' Hall.

There are certain works excepted from the benefit of the law of copyright from the nature of their contents. Such are, all publications injurious to morality, inimical to Christianity, or stimulating, either as libellous or seditious, to a breach of the peace. This must however be understood of their general tenor, and not of isolated passages. As far as a rule on the subject can be laid down, it is, that any work containing matter for which a publie indictment or private prosecution could be sustained is not protected by the law, but may be pirated by other parties at pleasure, who, if sued for penalties under the act, are allowed to give in evidence the nature of the composition which they have published, in order to defeat the action. This is a remarkable exception to the general rule of law, that none shall take advantage of his own wrong; and its operation is quite as remarkable, the effect of the rule having often been to

disseminate more widely that which the law has declared not to merit protection.

The protection given to authors by the statute of copyright is coupled with the condition of presenting five copies of every book to public libraries. A copy of every work, and of every second or subsequent edition which contains any additions or alterations, bound, sewed, or stitched together, and on the best paper on which the same shall be printed, is to be de livered at the British Museum within one month after its first publication, if it is published within the bills of mortality, or within three months if published in any other part of the United Kingdom, or within twelve months if published in any other part of the British dominions; and a copy of every work, or second or subsequent edition, containing additions and alterations, on the paper of which the largest number of copies shall be printed for sale, in the like condition as the copies prepared for sale by the publisher, is to be delivered, if demanded, within twelve months after publication, within one month after demand made, at Stationers' Hall, for the Bodleian Library at Oxford, the Public Library at Cambridge, the Library of the Faculty of Advocates at Edinburgh, the Library of Trinity College, Dublin, under penalty of forfeiting the value of the copy of each book or edition not delivered, and a sum not exceeding 51., to be recovered by the Librarian, or other officer properly authorised, of the Library to which the book should have been delivered, on conviction before two justices of the peace for the county or place where the publisher resides, or by action of debt in any Court of Record in the United Kingdom. Formerly, under the 54 Geo. III. c. 156, an author was obliged to give eleven copies of his work to public libra ries. The 6 & 7 Will. IV. repealed the 54 Geo. III. c. 156, so far as related to the delivering of copies to the four universities of Scotland, Sion College, and the King's Inns, Dublin, compensa tion being given to these institutions upon an estimate of the annual value of books supplied on an average of three years, ending the 30th of June, 1836.

Besides the special copyrights of the universities secured to them as before

mentioned by statute, there still exist | the mean time the defendants will be orcertain prerogative copyrights attaching dered to keep an account of the copies to the owners in perpetuity. Of these the sold. chief belong to the king, which were more numerons and considerable formerly than at present. Many are now quite obsolete, such as those of almanacs, lawbooks, and Latin grammars; and others very questionable, such as that of the exclusive right of the universities of Oxford and Cambridge, and the king's printer in England and in Scotland, to print the English translation of the Bible. The king has a prerogative copyright in the liturgy and other services of the church, in proclamations, orders in council, and other state papers, and in the statutes. It has been decided, that the University of Cambridge shares by letters patent in the king's prerogative of printing acts of parliament. The House of Lords also exercises an exclusive privilege, somewhat fallen into disuse, of publishing its own proceedings as the supreme court of judi

cature.

The strict powers given by the 5 & 6 Vict. c. 45, have been exercised vigorously by the Custom-house authorities, and found very effectual to prevent the importation into this country of the French, Belgian, German, and American reprints of pope-1 lar English works; but English authors still suffer by the circulation of these reprints abroad; and a practice so destructive of the fair profits of mental labour can only be effectually redressed by prevailing on foreign countries to extend the benefits of their own laws against literary piracy to aliens as well as native authors. Two statutes have been passed in the present. reign to enable her Majesty to extend to foreigners the benefits of our laws of copyright. The first of these, 1 & 2 Vict. e. 59, was repealed by 7 Vict. c. 12, the statute which is now in force, and which was substituted in consequence of the alterations in our law of copyright. This act, entitled The modes of legal proceeding to pre-An Act to amend the law relating to Invent or punish the infringement of copy-ternational Copyright,' empowers her Maright, or as it is more usually termed, jesty by order in council to enable authors piracy, are by action for damages; or of works first published in foreign countries more commonly by obtaining an injunc- to have copyright in the British domition in equity to prohibit the unlawful nions for books, prints, articles of scalppublication, which affords immediate and ture. and the sole liberty of representing summary redress. This is always granted dramatic and musical pieces, for periods where the legal title of the plaintiff to the not exceeding those allowed by the variwork is made out, and the identity of the ous copyright acts for the respective classes pirated publication with his own shown to of works when first published in this the satisfaction of the court. The proof country, on conditions of registration and even of an equitable title has been held delivering of one copy at Stationers' Hall; sufficient to entitle the plaintiff to this but no such order in council is to have relief. (Mawman v. Tegg, 2 Russ. 385.) any effect unless it is stated therein, as Neither will the court refuse to grant the ground for issuing the same, that reciinjunction on the ground that the matter procal protection for British authors has pirated forms only a part of the publica- been secured in the foreign country to tion complained of, and that what is ori- which the order in council refers. The ginal will be rendered useless to the de- power given by this act has not yet been fendant and the public by prohibiting its exercised in the case of any single sale. But as this mode of proceeding foreign country. presses very severely upon defendants, and often inflicts irreparable injury, the court, where any doubt attaches, will either refuse the injunction altogether, or grant it only on condition of the plaintiff's bringing an action immediately, to have the merits of the case decided by a jury with the smallest possible delay; and in

A notice of the law of copyright would be incomplete which did not advert to some other compositions which receive from statute a protection analogous to that of literature. Such are engravings, etchings. and prints, maps and charts, designs for articles of manufacture, and sculpture of all kinds. These resemble written

them accruing to the author by the exertion of his mental powers in their production, but differ as they also require a good deal of his manual skill and labour, and are therefore his property upon the same general principles as any other manufacture. Such productions therefore are even more plainly entitled to the protection of the law than books.

works as regards the incorporeal right in | firmed and made perpetual by 34 Geo. III. c. 23, gave the sole right of using a new pattern in the printing of linens, cottons, calicoes, and muslins for three months; and the 2 Vict. c. 13, extended this privilege to designs for printing other woven fabrics besides calicoes. The 2 Vict. c. 17, regulated copyright of designs in all articles except lace, and the articles to which the above-mentioned acts apply. But all these statutes were repealed by the 5 & 6 Vict. c. 100 (Mr. Emerson Tennent's Act), which considerably extended the periods of copyright in designs.

The chief statutes affecting the copyright in the arts of designing, engraving, and etching prints, are the 8 Geo. II. c. 13, which vests it in the inventor, designer, and proprietor, for fourteen years from the first publication, and enforces this provision against any person pirating the same by forfeiture of the plate and prints, and a fine of 58. for each print, to be recovered by action within three months of the discovery of the offence. The 7 Geo. III. c. 38, extends the term of copyright to twenty-eight years; and in addition to the subjects of the former statute, includes maps, charts, and plans, under the same conditions. It also extends the time of bringing an action for the penalties to six months. The 17 Geo. III. c. 57, gives the owner of the copyright a further remedy of action for damages and double costs within the same limits of time. The 6 & 7 Will. IV. extends the provisions of the previous acts to Ireland.

With regard to models, casts, and other sculptures, the 38 Geo. III. c. 71, vests the right and property in these for fourteen years in the proprietor, and gives him a special action on the case against the offender, if brought within six months. These provisions were rendered more effectual by 54 Geo. III. c. 56, by which double costs were given, and an additional term of fourteen years superadded in case the maker should be living at the end of the first term.

As to sculpture certainly, but more doubtfully as to prints, for there have been conflicting decisions on the point, the work must bear upon it the name of the maker and the date of publication to entitle it to the protection of the law.

With regard to designs for manufactured articles, the 27 Geo. III. c. 38, continued by 29 Geo. III. c. 19, and con

This act distributes articles to which designs may be applied into twelve classes :

1. Articles of manufacture composed wholly or chiefly of any metal or mixed metals.

2. Articles of manufacture composed wholly or chiefly of wood.

3. Articles of manufacture composed wholly or chiefly of glass.

4. Articles of manufacture composed wholly or chiefly of earthenware. 5. Paper-hangings.

6. Carpets.

7. Shawls, where the design is applied solely by printing, or by any other process by which colours are or may hereafter be produced upon tissue or textile fabrics.

8. Shawls not comprised in class 7.

9. Yarn, thread or warp, the design being applied by printing, or by any other process by which colours are or may hereafter be produced.

10. 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; except the articles included

in class 11.

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.

12. Woven fabrics not comprised in any preceding class.

13. Lace, and any article of manufacture or substance not comprised in any preceding class.

The act gives to the proprietor of a design not previously published the sole right of applying it to ornamenting articles of the first, second, third, fourth, fifth, sixth, eighth, and eleventh classes, for three years; to articles of the seventh, ninth, and tenth, for nine months; and to articles of the twelfth and thirteenth classes for twelve months; whether such design be applicable for the pattern, or for the shape and configuration, or for the ornament of the articles, or for any two or more such purposes, and by whatever means the design may be applicable, whether by printing, or by painting, or by embroidery, or by weaving, or by sewing, or by modelling, or by casting, or by embossing, or by engraving, or by staining, or by any other means whatsoever, manual, mechanical, or chemical, separate or combined. The benefits of copyright of designs are made to depend on registration before publication. Piracy is punished by a penalty of not less than 57. nor more than 301., to be paid to the proprietor of the design, and to be recovered by an action of debt or for damages, or by summary proceeding before two justices.

The right of patents in many respects resembles that of copyright. [PATENT.] The act for preventing the publication of lectures without consent' (5 and 6 Wm. IV. c. 65) gives to authors of lectures the sole right and liberty of printing and publishing the same, and imposes a penalty on other persons, including printers and publishers of newspapers, who shall print, or publish, or sell them without the author's leave. The act does not extend to lectures of the delivering of which notice in writing shall not have been given to two justices, living within five miles of the place, two days at least before their delivery, or to any lecture delivered in any university, or public school or college, or any public foundation, or by individuals in virtue of any

gift, endowment, or foundation. The act does not extend to sermons.

CORN-LAWS and CORN-TRADE. The history of the corn-laws and corntrade in this country may be conveniently divided into several periods.

Period I.-From Early Times to 1688. A statute of the thirteenth century, sup posed to be of the date of 51 Henry L (1266-7), shows that the average prices of wheat and other grain had become an object of attention. In 1360 the exportation of corn was prohibited by statute (34 Edw. III. c. 20). In 1393 corn might be export ed by the king's subjects "to what parts that please them," except to the king's ene mies. "Nevertheless," it is added, “ the king wills that his council may restrain the said passage when they shall think best for the profit of the realm." (17 Rie. II. c. 7.) This act was confirmed in 1425 (4 Hen. VI. c. 5). Sufficient grain was raised in England to admit of export ation, but it was the policy of that age to endeavour to retain within the kingdom all those things which were indispensable to its wants, rather than by permitting freedom of export and import to trust to the operation of the commercial principle for an adequate supply.

In 1436 the exportation of wheat was allowed without the king's licence when the price per quarter at the place of shipment was 68. 8d. or under. In the preamble of the statute (15 Hen. VI. c. 2) restrictions on exportation are loudly complained of: "for cause whereof, farmers and other men, which use manurement of their land, may not sell their corn but of a bare price, to the great damage of all the realm;" and the remedy provided is a freer permission to export the surplus-a regulation which is intended for the profit of the whole realm, but "especially for the counties adjoining to the sea." In 1441 this statute was continued (20 Hen. VI. e. 6), and in 1444-5 it was rendered perpetual (23 Hen. VI. c. 5).

Nearly thirty years after the statute of 1436 occurs the first law to prevent a

supply of foreign grain. In the preamble of a statute (3 Edw. IV. e. 2), which was passed in 1463, it is remarked that, "Whereas the labourers and ocenpiers of husbandry within this realm be

laily grievously endamaged by bringing | century a struggle was maintained by the of corn out of other lands and parts into makers of the laws against the rise of his realm when corn of the growing prices which characterised nearly the of this realm is at a low price;" in whole of that period. In September, emedy of which it was enacted that 1549, a proclamation was issued, directed wheat should not be imported unless against dealers in the principal articles of the price at the place of import exceeded food. According to it, no man was to is. 8d. per quarter. By the act of 1463, so buy and sell the self-same thing again, ong as the price of wheat was below except brokers, and they were not to have is. 8d. per quarter, exportation was per- more than ten quarters of grain in their nitted, and importation was prohibited. possession at one time. This proclamation The price, therefore, was intended to be directed "that all justices should divide sustained at that height; and the benefit of themselves into the hundreds, and look the corn-grower was the sole object of the what superfluous corn was in every barn, statute. But in 1474 (eleven years after the and appoint it to be sold at a reasonable statute 3 Edw. IV. c. 2 was passed) we price; also, that one must be in every have the authority of the Paston Letters in market-town to see the corn bought. proof of the suffering experienced from Whoso brought no corn to market, as he the want of a market for the superabund- was appointed, was to forfeit 10., unless ant supply of grain. Margaret Paston, the purveyors took it up, or it was sold to writing to her son on the 29th of Jan. the neighbours." (Turner's Hist. Eny. i. 1474, after quoting the very low price of 172.) Obedience to these regulations was corn and grain, says "There is none out- not confined to the temporary provisions load (export) suffered to go out of this of a proclamation; but in 1551-2 they country as yet; the king hath commanded were, with some modifications, embodied that there should none go out of this land. in a statute (5 & 6 Edw. VI. c. 14). By I fear me we shall have right a strange this enactment, engrossers (persons buying world: God amend it when his will is." corn to sell again) were subjected to heavy In a letter written in the following year penalties. For the third offence they she makes the same complaints about low were to be set in the pillory, to forfeit prices and the scarcity of money. ('Paston their personal effects, and to be imprisoned Letters,' ii. 91-93. Edit. by A. Ramsay.) during the king's pleasure. Farmers In 1533-4 an end was put to the system buying corn for seed were compelled to of exportation which had been esta- sell at the same time an equal quantity of blished in 1463, and, with some occa- their corn in store, under penalty of forsional exceptions, had continued from feiting double the value of what they had that time; and thenceforth it was forbid- bought. Persons might engross corn, den to export corn and provisions without not forestalling it—that is, enhancing the the king's licence. The statute enacted price or preventing the supply--when for this purpose was intended to keep wheat was under 6s. 8d. per quarter. down prices, though the preamble sets out with the rational observation that, "forasmuch as dearth, scarcity, good cheap [good market], and plenty [of victual], happeneth, riseth, and chanceth, of so many and divers reasons that it is very hard and difficult to put any certain prices to any such things." It however ended by enacting that, on complaint being made of high prices, they shall be regulated by the lords of the council, and made known by proclamation; and that farmers and others shall sell their commodities at the prices thus fixed.

During the greater part of the sixteenth

In 1562-3 a further attempt was made to restrict the operations of buying and selling in articles of food, as well as many other commodities. The 5 & 6 Edw. VI. c. 14, already quoted, contained a proviso that corn-badgers, allowed to that office by three justices of the peace of the county where the said badger dwelt, could buy provisions in open fair or market for towns and cities, and sell them, without being guilty of the offence of forestalling; but this relaxation was not permitted by a subsequent statute passed in 1562-3 (5 Eliz. c. 12), in the preamble of which the act 5 & 6 Edw. VI. is thus alluded

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