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international copyright exists between the United Kingdom a Germany, Belgium, France, and Italy; and though the Unite States have refused to enter into any international copyright wi Great Britain, there is, we trust, sufficient good faith and sense of honour among the principal publishers in both countries to render the rights of authors practically protected on both sides of the lantic. The trade of publishing and bookselling forms an impor ant staple of national industry. It requires the investment of s considerable amount of capital, and gives employment to a large number of persons. And thankful we should be that the reputa tion of British literature for variety and solidity, as well as for freedom from licence, and high tone of morals, is unexcelled by the literature of any other country. Of course if it be proper the authors' rights should be protected, so should the rights artists, and accordingly a copyright also exists in every original painting, drawing, and photograph made by any British subjec resident within the dominion of the Crown,10 and also a copyrigat in designs for ornamenting articles of manufacture," the latter applying to every design, whether the application thereof take place within the United Kingdom or elsewhere, and whether the inventor or proprietor of such design be or be not a subject of her Majesty.

that

Quite recently another description of industrial right has been created. It has been long the custom of manufacturers to stamp the articles which they produce with their names, or to apply to such articles certain marks as a guarantee that the article is of their own make and of the description represented, and great is the confidence generally accorded to such marks in foreign markets Unfortunately, however, in consequence of frequent piracies of such marks by the counterfeiting of them, or the application of similar marks to inferior articles, all security for the proper correspondence between the article and the mark ceased to exist, and the manufacturers found themselves supplanted by inferior goods. The law was clear enough that no man has a right to dress himself in colours or adopt and bear symbols to which he has no pecu liar or exclusive right, thereby to personate another person, the purpose of inducing the people to suppose either that he is that other person, or that he is connected with him and selling the manufacture of such other person while he is really selling his

own.

for

was

And whenever it was found that a fraudulent attempt made to pirate another person's name or label, the courts of equity

By an act of 1838, the 1 & 2 Vict. c. 19, the crown was empowered by an order in council to give to books, prints, music, and similar articles from foreign countries the same privileges of copyright as were enjoyed in this country,

provided those countries conceded reciprocal privileges. By an act passed in 1824, the 7 Vict. c. 12, these powers were extended to sculpture and other works

of art.

10 25 & 26 Vict. c. 68.

11 5 & 6 Vict. c. 100, and 24 & 25 Vict. c. 73.

ranted a remedy by an injunction to restrain such party from sing the name or label of another. By a statute of George II. ersons affixing stamps to foreign linens in imitation of the stamps fixed to those of Scotland and Ireland forfeited 5l. for each ffence, and persons exposing for sale or packing up any foreign inens as the manufactures of Great Britain and Ireland, forfeited he same, and 5l. for each piece of linen so exposed for sale or acked up. So the Legislature empowered the Goldsmiths' Comany to call upon the manufacturers to bring all the articles they nade to their hall, for the purpose of being assayed and stamped vith their hall marks. And the Cutlers' Company of Sheffield were empowered to grant marks to any persons carrying on any of the incorporated trades, with power of summary jurisdiction before two magistrates to enforce such regulations. Apart, however, from these special laws, the general remedy afforded against the counterfeiting of trade marks was by suit in equity, which was in many cases insufficient. Consequently, in 1862, an Act 12 passed, by which every person who, with intent to defraud or to enable another to defraud any person, should forge or counterfeit any trade mark, or apply such forged or counterfeit mark to other goods than the same is intended to represent, was made guilty of a misdemeanour. And, in 1875, a registration of trade marks was established under the superintendence of the Commissioner of Patents.13 The principle thus legally sanctioned will prove a check, we trust, to practices unworthy of any honourable manufacturer. It is only right that a fraud of this nature, which is really a theft of a man's reputation, should be made penal in every country, and it is satisfactory to find that by treaties concluded with different states protection against such fraud has been secured to foreign as well as to native subjects. The law of France of 1857 gave protection to trade marks. Similar laws exist in Germany, dated November 30, 1874; Austria, December 7, 1838; Belgium, April 1, 1878; Italy, August 30, 1868; and Spain, 1872. In other countries new laws on the subject are being introduced. Treaties on the subject of trade marks have been conducted between Great Britain and Austria, Belgium, Colombia, France, Italy, Russia, Germany, and the United States of America.

12 25 & 26 Vict. c. 78.

38 & 39 Vict. c. 91, amended by 39 & 40 Vict. c. 33, and 40 & 41 Vict. c. 37.

international copyright exists between the United Kingdom and Germany, Belgium, France, and Italy; and though the United States have refused to enter into any international copyright with Great Britain, there is, we trust, sufficient good faith and sense honour among the principal publishers in both countries to render the rights of authors practically protected on both sides of the Atlantic. The trade of publishing and bookselling forms an import ant staple of national industry. It requires the investment of 3 considerable amount of capital, and gives employment to a larg number of persons. And thankful we should be that the reputa tion of British literature for variety and solidity, as well as for freedom from licence, and high tone of morals, is unexcelled by the literature of any other country. Of course if it be proper the the authors' rights should be protected, so should the rights artists, and accordingly a copyright also exists in every origina painting, drawing, and photograph made by any British subject resident within the dominion of the Crown,10 and also a copyrigh in designs for ornamenting articles of manufacture," the latter applying to every design, whether the application thereof take place within the United Kingdom or elsewhere, and whether the inventor or proprietor of such design be or be not a subject of her Majesty.

Quite recently another description of industrial right has beer. created. It has been long the custom of manufacturers to stamp the articles which they produce with their names, or to apply to such articles certain marks as a guarantee that the article is of their own make and of the description represented, and great is the confidence generally accorded to such marks in foreign markets. Unfortunately, however, in consequence of frequent piracies of such marks by the counterfeiting of them, or the application of similar marks to inferior articles, all security for the proper correspondence between the article and the mark ceased to exist, and the manufacturers found themselves supplanted by inferior goods. The law was clear enough that no man has a right to dress himself in colours or adopt and bear symbols to which he has no peculiar or exclusive right, thereby to personate another person, for the purpose of inducing the people to suppose either that he is that other person, or that he is connected with him and selling the manufacture of such other person while he is really selling his

own.

was

And whenever it was found that a fraudulent attempt made to pirate another person's name or label, the courts of equity

By an act of 1838, the 1 & 2 Vict. c. 19, the crown was empowered by an order in council to give to books, prints, music, and similar articles from foreign countries the same privileges of copyright as were enjoyed in this country, provided those countries conceded reciprocal privileges. By an act passed in 1824, the 7 Vict. c. 12, these powers were extended to sculpture and other works

of art.

10 25 & 26 Vict. c. 68.

11 5 & 6 Vict. c. 100, and 24 & 25 Vict. c. 73.

ranted a remedy by an injunction to restrain such party from ising the name or label of another. By a statute of George II. persons affixing stamps to foreign linens in imitation of the stamps ffixed to those of Scotland and Ireland forfeited 5l. for each offence, and persons exposing for sale or packing up any foreign inens as the manufactures of Great Britain and Ireland, forfeited he same, and 51. for each piece of linen so exposed for sale or packed up. So the Legislature empowered the Goldsmiths' Company to call upon the manufacturers to bring all the articles they made to their hall, for the purpose of being assayed and stamped with their hall marks. And the Cutlers' Company of Sheffield were empowered to grant marks to any persons carrying on any of the incorporated trades, with power of summary jurisdiction before two magistrates to enforce such regulations. Apart, however, from these special laws, the general remedy afforded against the counterfeiting of trade marks was by suit in equity, which was in many cases insufficient. Consequently, in 1862, an Act 12 passed, by which every person who, with intent to defraud or to enable another to defraud any person, should forge or counterfeit any trade mark, or apply such forged or counterfeit mark to other goods than the same is intended to represent, was made guilty of a misdemeanour. And, in 1875, a registration of trade marks was established under the superintendence of the Commissioner of Patents The principle thus legally sanctioned will prove a check, we trust, to practices unworthy of any honourable manufacturer. It is only right that a fraud of this nature, which is really a theft of a man's reputation, should be made penal in every cestry, and it is satisfactory to find that by treaties concluded with different states protection against such fraud has been BEcared to foreign as well as to native subjects. The law of France of 1957 are protection to trade marks. Similar laws exist in Germany, dated November 30, 1874; Austria, December 7, 1838; Belgaum April 1. Tetk: Italy, August 30. 1868; and Spain, 1872. Is inter volantie new law is the abject are being introditeed Treaties on the subfent of trade marks have been onducted te tres Great Britain and Austria, Belgium, Colombia, France, Italy. Elena Germany, and the United States of America

amended by Tech, and +1 & 41 Tech.

CHAPTER XIII.

COMMERCIAL LAWS REFORMS.

ALIENS.-Introduction of new Industries by Foreigners.-Restrictive Laws
against Foreigners.-The Act of 1843.-The Naturalisation Act of 1870.
BANKRUPTCY LAWS.-Influence of Credit on Commerce.-History of the
Bankruptcy Laws.-The Acts of 1849 and 1869.

WEIGHTS AND MEASURES.-Advantage of a uniform System.-The Standards
of Weights and Measures.-The Weights and Measures Act of 1878.
USURY LAWS.-History of the Rate of Interest.-Abolition of the Usury
Laws.

SECT. 1.-ALIENS.

FOR the promotion of commerce we cannot open our doors too wide to the merchants of all countries. It would be an interesting inquiry to ascertain how many of those industries which now thrive so prosperously in this country were originally introduced by foreigners. We owe banking to the Lombards, the silk industry to the French and Italians, the sugar refinery to the Germans. And it is the same with other countries. France is largely indebted to the Italians, Holland to the French, and America to English, Irish, and German immigrants. We almost imagine that without the foreign element engrafted upon it a country would soon lose its energy and suffer in its best interests.

In England, public policy was at the first in favour of foreign merchants, and Magna Charta expressly excepted merchant strangers from all restrictions against aliens, the advantage of inducing foreigners to come having been fully recognised by the first princes of the House of Plantagenet, and especially by Edward III. But from Richard II. to the Revolution, except perhaps during the reign of Elizabeth, a different policy prevailed, and foreigners were regarded with feelings of jealousy and aversion, and even subjected to odious restraints. They were prohibited from selling by retail; they were obliged to sell their merchandises within a certain time after their coming into this country, and to invest their proceeds in British produce. Sir Josiah Child, Algernon Sydney, Sir William Petty, and Sir William Temple endeavoured to disabuse the public mind repecting the bad influence of foreign settlers. Nevertheless con

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