amounts from the defendant in ict. c. 68, a copyright was given a ght under this statute are to be made er the Act are imposed by sect. 6, 8. t of the copyright, and of every subse quent assignment, is entered, showing the name and place of abode of the of person in whom such copyright is vested and giving a short description of the work. () Tuck v. Priester, 19 Q. B. D. 48, 629. CHAP. X.] COPYRIGHT. 327 Sect. 7 enacts that no person shall do any of the following acts under pain of forfeiting to the person aggrieved a sum not exceeding £10, or double the full price of the work, and all such works shall be forfeited: First, no person shall fraudulently sign, or otherwise affix or fraudulently cause to be signed, or otherwise affixed, to or upon any painting, drawing, or photograph, or the negative thereof, any name, initials, or monogram. Secondly, no person shall fraudulently sell, publish, exhibit, or dispose of, or offer for sale, exhibition, or distribution, any painting, drawing, or photograph, or negative of a photograph, having thereon the name, initials, or monogram of a person who did not execute or make such work. Thirdly, no person shall fraudulently utter or dispose, or put off, or cause to be uttered or disposed of, any copy or colourable imitation of any painting, drawing, or photograph, or negative of a photograph, whether there shall be subsisting copyright therein or not, as having been made or executed by the author or maker of the original work from which such copy or imitation shall have been taken. Fourthly, where the author or maker of any painting, drawing, or photograph, or negative of a photograph, shall have sold or otherwise parted with the possession of such work, if any alteration shall afterwards be made therein by any other person by addition or otherwise, no person shall be at liberty during the life of the author or maker of such work, without his consent to make or knowingly to sell, or publish, or offer for sale such work, or any copies of such work so altered as aforesaid, or of any part thereof as or for the unaltered work of such author or maker. The copyright in engravings and prints is secured by three statutes-8 Geo. 2, c. 13; 7 Geo. 3, c. 38; and 17 Geo. 3, c. 57-to the author or his assigns for a period of twenty-eight years. The benefit of these statutes was extended to lithographs by 15 & 16 Vict. c. 12, s. 14. There is also a copyright in sculptures, models, casts, and busts for a like period under 54 Geo. 3, c. 56, by which it was enacted that the assignment must be by deed, signed and attested by two credible witnesses. The law with regard to unpublished works may be considered as clearly settled. The ideas of an author, as was said in an old case on the subject, are like "birds in a cage, which none but the owner can have a right to let fly, for till he thinks proper to emancipate them they are under his own dominion." Rights of 328 PERSONAL PROPERTY. [Book II. Every man has a right, so long as his ideas are unpublished to publish them or not as he thinks fit, and to hinder their publication, either wholly or partially, by any one else. This principle received a striking illustration in a well-known leading case (1) on the subject, in which the late Prince Consort obtained an injunction to restrain the publication of copies of certain unpublished etchings, and also of a descriptive catalogue of them. The Lord Chancellor, in delivering judgment, said: "It being admitted that the defendant could not publish a copythat is, an impression-of the etchings, how in principle does a catalogue, list, or description differ? A copy or impression of the etching would only be a means of communicating knowledge and information of the original, and does not a list and description do the same? The means are different, but the object and effect are similar; for in both the object and effect is to make known to the public more or less of the unpublished work and composition of the author, which he is entitled to keep wholly for his private use and pleasure, and to withhold altogether, or so far as he may please, from the knowledge of others." The Crown has prerogative copyright in the following the Crown. books:-The English translation of the Bible, the Book of Common Prayer, the Statutes, Orders of the Privy Council, State Proclamations, and other State documents. It formerly claimed the sole right of printing Almanacs, Lilly's Latin Grammar, the Year Books and Reports of Judicial Proceedings, but these claims have long since been exploded or abandoned. The Crown's exclusive right of printing and publishing Acts of Parliament is rested by Blackstone on grounds of public policy. The right to print, publish, and sell the Bible, the New Testament, and the Book of Common Prayer was granted to the Universities of Oxford and Cambridge, concurrently with the Queen's printer, by letters patent of 13 Eliz. The English and Scotch Universities, the colleges of Eton, Westminster, and Winchester, and Trinity College, Dublin, also possess the exclusive right of printing and reprinting books bequeathed or otherwise given to them by their respective authors. (') Prince Albert v. Strange, 2 De G. & S. 652; 1 Mac. & G. 25. ng as his ideas are unpublished thinks fit, and to hinder ther artially, by any one else. This ustration in a well-known leading the late Prince Consort obtained publication of copies of certai o of a descriptive catalogue of delivering judgment, said: “It dant could not publish a opytchings, how in principle does s liffer? A copy or impression of means of communicating know riginal, and does not a list and e means are different, but the r in both the object and effect is more or less of the unpublished uthor, which he is entitled to and pleasure, and to withheld please, from the knowledge of copyright in the following on of the Bible, the Book of Orders of the Privy Council, State documents. It formerly hting Almanacs, Lilly's Latin Reports of Judicial Proceed long since been exploded or sive right of printing and pubsted by Blackstone on grounds o print, publish, and sell the the Book of Common Prayer of Oxford and Cambridge, conter, by letters patent of 13 Eliz ersities, the colleges of Eton, d Trinity College, Dublin, also printing and reprinting books to them by their respective De G. & S. 652; 1 Mac. & G. 25. CHAPTER XI. BILLS OF SALE. 0 a In commencing the consideration of the difficult and intri- P cate subject of bills of sale, it may be desirable first to point out the leading principle upon which the law with regard to this o peculiar class of instruments is founded. The possession of goods and chattels raises a presumption which does not exist with regard to the possession of real estate. A person in possession of real estate is, as all the world knows, oftener a tenant than an owner of the property. The possessor of chattels, on the other hand, is generally assumed to be the proprietor. If the chattels are not his, he may obtain a fictitious credit on the strength of them, and creditors have therefore a right to be protected against the frauds which arise from their secret alienation. This principle had been to a considerable extent recognized law before it was embodied in any enactment, but it was not until 1854 that an Act was passed (subsequently amended by another passed in 1866) which, after reciting that "frauds were frequently committed upon creditors by secret bills of sale of personal chattels, whereby persons are enabled to keep up the appearance of being in good circumstances," provided that all bills of sale, as therein defined, should be void against execution creditors, and the trustees in bankruptcy of the grantor, unless registered. The Acts of 1854 (17 & 18 Vict. c. 36) and 1866 (29 & 30 Vict. c. 96) are repealed, with the usual saving clauses as to instruments executed under their provisions, and the present state of the law is that bills of sale executed between the 1st of January, 1879, and the 1st of November, 1882, are governed by the Act of 1878 (41 & 42 Vict. c. 31), and those executed on and after the 1st of November, 1882, by the joint operation of the Acts of 1878 and 1882 (1). What is a bill of sale? In attempting to answer this question, we shall first consider the general definition of this species of (1) 41 & 42 Vict. c. 31; 45 & 46 Vict. c. 43. Certain instruments are excepted from the provisions of sect. 9 of the Act of 1882, by the Bills of Sale Act, 1890 (53 & 54 Vict. c. 53). See post, p. 334. է S 1: 330 PERSONAL PROPERTY. [Book II. Definition. instrument, and subsequently the statutory definition with such light as has been thrown upon the many obscurities and difficulties of the subject by judicial decisions. A deed or other instrument transferring the property in personal chattels (1), is usually called a bill of sale. Bills of sale are either absolute (2), entitling the grantee to immediate possession; or conditional, entitling him to take possession on the performance or nonperformance of some condition, e.g. a mortgage, where the mortgagor is entitled to retain possession until default. It is needless to point out that bills of sale of the latter class, i.e. conditional bills of sale given as security for money, are infinitely more important and numerous than those of the former class. Bills of sale given by way of security for the repayment of money are subject both to the Act of 1878 and the Act of 1882, the provisions of which we shall presently consider, and must be in accordance with the form prescribed by the Act of 1882. Bills of sale which are not given by way of security may be in any form, and are in nowise subject to the Act of Statutory definition of bills of sale. 1882. Sect. 4 of the Bills of Sale Act of 1878 defines bills of sale to include : (1) Bills of sale, assignments, transfers, declarations of trust without transfer, inventories of goods with receipt thereto attached, or receipts for purchase-moneys of goods, and other assurances of personal chattels. (2) Powers of attorney, authorities, or licences to take possession of personal chattels as security for any debt. (3) Any agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels, or to any charge or security thereon shall be conferred. And sect. 6 also makes subject to the Act, every attornment, instrument, or agreement, not being a mining lease, whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any present, future, or contingent debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance, or otherwise for the purpose of such security only. But this is not to extend to a mortgage of real estate, which a mortgagee in (1) See as to gift of chattels, Cochrane v. Moore, 25 Q. B. D. 57, where the authorities are elaborately reviewed. (2) An absolute bill of sale com prehends any written or printed dis- CHAP. XI.] possession rent (1). Only bi under the furniture. delivery, and grow Chatte trade ma by the other P the mea machin factory as the donke power shafts trans pipes The with E ann tory suc effe des ag sp Co 8 ly the statutory definition wi 7n upon the many obscurities and udicial decisions. A deed or other roperty in personal chattels Bills of sale are either absolute *, nediate possession; or conditi sion on the performance or tion, e.g. a mortgage, where the in possession until default. It's lls of sale of the latter class, i n as security for money, are in! umerous than those of the forme way of security for the repayment the Act of 1878 and the Act of we shall presently consider, and he form prescribed by the Act c e not given by way of security in nowise subject to the Act d ct of 1878 defines bills of sale to ts, transfers, declarations of trust of goods with receipt thereto ase-moneys of goods, and other horities, or licences to take posecurity for any debt. intended or not to be followed nstrument, by which a right in 5, or to any charge or security sect. 6 also makes subject to the ent, or agreement, not being a of distress is given or agreed to other person by way of security tingent debt or advance, and made payable as a mode of pro est on such debt or advance, or ch security only. But this is al estate, which a mortgagee in prehends any written or printed disposition inter viros of corporeal per sonalty, other than a transfer by way of security: Cavanagh's Law of Money Securities, 2nd ed. p. 224. CHAP. XI.] BILLS OF SALE. 331 possession has leased to the mortgagor at a fair and reasonable rent (1). Only bills of sale of "personal chattels " need be registered under the Acts. Personal chattels are defined to be goods, furniture, and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fixtures and growing crops (2). Chattels personal also include for the purposes of the Act trade machinery, and any mode of disposition of trade machinery by the owner thereof, which would be a bill of sale as to any other personal chattels, is to be deemed a bill of sale within the meaning of the Act. For the purposes of the Act "trade machinery" means the machinery used in or attached to any factory or workshop, exclusive of the fixed motive powers, such as the water-wheels, and steam-engines, and the steam-boilers, donkey-engines, and other fixed appurtenances of the said motive powers, and exclusive of the fixed power machinery, such as shafts, wheels, drums, and their fixed appurtenances, which transmit the action of the motive powers, and exclusive of the pipes for steam, gas, and water in the factory or workshop. The machinery so excluded is not to be deemed personal chattels within the meaning of the Act (3). Every bill of sale, given as security for money, must have annexed to it, or written on it, a schedule containing an inventory of the personal chattels comprised in the bill of sale; and such bill of sale, save as thereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in the said schedule; and shall be void, except as against the grantor, in respect of any personal chattels not so specifically described. The question in each case is whether, considering the nature of the goods and the circumstances of the (1) 41 & 42 Vict. c. 31, s. 6. See as to the attornment clause: Re Willis, 21 Q. B. D. 384; Mumford v. Collier, 25 Q. B. D. 279 (ante, p. 102). (2) The following are not personal chattels within the Acts : Chattel interests in real estate, fixtures (except trade machinery) when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, growing crops when assigned with any interest in the land on which they grow, shares or interests in the stock, funds, or securities of any government, or in the capital or property of incorporated or joint stock companies, choses in action, any stock or produce upon any farm or lands, which by virtue of any covenant or agreement, or of the custom of the country, ought not to be removed from any farm: Bills of Sale Act, 1878, s. 4. (3) Bills of Sale Act, 1878, s. 5 Re Yates, 38 Ch. D. 112, where it was held that a mortgage of freeholds with fixtures which were not specifi cally mentioned, did not operate as bill of sale, and therefore did no require registration. |