No. VI.

15 Geo. III.

c. 53.

No Person subject to Penalties, unless entered before, &c.

Books must be entered within

Two Months

after Bequest.

to have like Benefit, &c.

lent Majesty his heirs and successors, and the other moiety thereof to any person or persons who shall sue for the same; to be recovered in any of his Majesty's courts of record at Westminster or in the Court of Session in Scotland by action of debt bill plaint or information, in which no wager of law essoign privilege or protection or more than one imparlance shall be allowed.

III. Provided nevertheless, That nothing in this Act shall extend to grant any exclusive right otherwise than so long as the books or copies belonging to the said universities or colleges are printed only at their own printing presses within the said universities or colleges respectively and for their sole benefit and advantage; and that if any university or college shall delegate grant lease or sell their copy rights or exclusive rights of printing the books hereby granted or any part thereof, or shall allow permit or authorise any person or persons or bodies corporate to print or reprint the same, that then the privileges hereby granted are to become void and of no effect in the same manner as if this Act had not been made; but the said universities and colleges as aforesaid shall nevertheless have a right to sell such copies so bequeathed or given as aforesaid in like manner as any author or authors now may do under the provisions of the statute of the eighth year of her Majesty Queen Anne. IV. And whereas many persons may through ignorance offend against this Act unless some provision be made whereby the property of every such book as is intended by this Act to be secured to the said universities colleges and houses of learning within the same and to the said universities in Scotland and to the respective colleges of Eton Westminster and Winchester may be ascertained and known;' Be it therefore enacted by the authority aforesaid, That nothing in this Act contained shall be construed to extend to subject any bookseller printer or other person whatsoever to the forfeitures or penalties herein mentioned for or by reason of the printing or reprinting importing or exposing to sale any book or books unless the title to the copy of such book or books which has or have been already bequeathed or given to any of the said universities or colleges aforesaid be entered in the register book of the Company of Stationers kept for that purpose in such manner as hath been usual on or before the twenty-fourth day of June one thousand seven hundred and seventy-five; and of all and every such book or books as may or shall hereafter be bequeathed or given as aforesaid be entered in such register within the space of two months after any such bequest or gift shall have come to the knowledge of the vice-chancellors of the said universities or heads of houses and colleges of learning or of the principal of any of the said four universities respectively; for every of which entries so to be made as aforesaid the sum of six pence shall be paid and no more; which said register book shall and may at all seasonable and convenient times be referred to and inspected by any bookseller printer or other person without any fee or reward; and the clerk of the said Company of Stationers shall when and as often as thereunto required give a certificate under his hand of such entry or entries, and for every such certificate may take a fee not exceeding six pence.

If Clerk neglect V. And be it further enacted, That if the clerk of the said Company of to make Entry, Stationers for the time being shall refuse or neglect to register or make &c. Proprietor such entry or entries or to give such certificate, being thereunto required by the agent of either of the said universities or colleges aforesaid lawfully authorised for that purpose, then either of the said universities or colleges aforesaid, being the proprietor of such copyright or copyrights as aforesaid (notice being first given of such refusal by advertisement in the Gazelle) shall have the like benefit as if such entry or entries certificate or certificates had been duly made and given; and the clerk so refusing shall for every such offence forfeit twenty pounds to the proprietor or proprietors of every such copyright; to be recovered in any of his Majesty's courts of record at Westminster or in the court of Session in Scotland by action of debt bill plaint or information, in which no wager of law essoign privilege protection or more than one imparlance shall be allowed.

8 Anne, c. 19,

VI. And whereas in and by an Act of Parliament made in the eighth

No. VI.

c. 53.

' year of the reign of her late Majesty Queen Anne, intituled, An Act for the Encouragement of Learning by vesting the Copies of printed Books in the Authors or Purchasers of such Copies during the Times therein men- 15 Geo. III. 'tioned, it is enacted, That nine copies of each book or books upon the best paper that from and after the tenth day of April one thousand 'seven hundred and ten should be printed and published as therein men⚫tioned, or reprinted and published with additions, shall by the printer or 'printers thereof be delivered to the warehouse-keeper of the said Company of Stationers for the time being at the hall of the said Company 'before such publication made, for the use of the royal library the libra'ries of the universities of Oxford and Cambridge the libraries of the 'four universities in Scotland the library of Sion College in London and 'the library commonly called The Library belonging to the Faculty of "Advocates in Edinburgh respectively; which such warehouse-keeper was thereby required within ten days after demand by the keepers of the respective libraries, or any person or persons by them or any of 'them authorised to demand the said copy, to deliver the same for the ' use of the aforesaid libraries; and if any proprietor bookseller or printer ' or the said warehouse-keeper of the said Company of Stationers should not observe the direction of the said Act therein, that then he and they so making default in not delivering the said printed copies as aforesaid ⚫ should forfeit as therein mentioned: And whereas the said provision has 'not proved effectual but the same hath been eluded by the entry only of 'the title to a single volume or of some part of such book or books so 'printed and published or reprinted and republished as aforesaid;' Be it No Person subenacted by the authority aforesaid, That no person or persons what- ject to Penalties soever shall be subject to the penalties in the said Act mentioned for or in the said Act, by reason of the printing or reprinting importing or exposing to sale any unless the Title book or books without the consent mentioned in the said Act, unless the to the Copy of title to the copy of the whole of such book and every volume thereof be the whole be entered in manner directed by the said Act in the register book of the entered, &c. Company of Stationers, and unless nine such copies of the whole of such book or books and every volume thereof printed and published or reprinted or republished as therein mentioned shall be actually delivered to the warehouse-keeper of the said Company as therein directed for the several uses of the several libraries in the said Act mentioned.

VII. And be it further enacted by the authority aforesaid, That if any Limitation of action or suit shall be commenced or brought against any person or Actions. persons whatsoever for doing or causing to be done any thing in pursuance of this Act, the defendants in such action may plead the general

issue and give the special matter in evidence; and if upon such action a General Issue. verdict, or if the same shall be brought in the Court of Session in Scotland a judgment be given for the defendant, or the plaintiff become nonsuited and discontinue his action, then the defendant shall have and recover his full costs, for which he shall have the same remedy as a defendant in any case by law hath.

VIII. And be it further enacted by the authority aforesaid, That this Publick Act. Act shall be adjudged deemed and taken to be a publick Act; and shall be judicially taken notice of as such by all judges justices and other persons whatsoever without specially pleading the same.

[ No. VII. ] 17 George 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 17 George III. reign of his late Majesty King George the Second, intituled An

c. 57.

• Act for the Encouragement of the Arts of Designing, Engraving and 8 Geo. 2. * 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 7 Geo. 3.

No. VII.

17 Geo. III.

c. 57.

If any Engraver,

&c. shall en

grave, &c. any

Print without

the Consent of the Proprietor, he shall be liable to Damages and Double Costs.

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 chiaro 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 protection of the said former Act and that Act for the term therein-after mentioned, in like manner as if such print had been graved or drawn from the ori ginal design of such graver etcher or draughtsman: And whereas the said Acts have not effectually answered the purposes for which they were intended, 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 herein-after mentioned and contained;' 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 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 mezzotinto or chiaro oscuro, or otherwise or in any other manner copy in the whole or in part by varying adding to or diminishing from the main design, or shall print reprint or import for sale or cause or procure to be printed reprinted or imported for sale, or shall publish sell or otherwise dispose of or cause or procure to be published sold or otherwise disposed of any copy or copies of any historical print or prints or any print or prints of any portrait conversation landscape or architecture map chart (1.) or plan, or any other print or prints whatsoever 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 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 or proprietors (2.) 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.

(1.) As to publishing Charts on an improved and more useful principle, see Sayre v. Moore, 1 E. 361. n. cited in note to 8 Ann, c. 19. ante No. 2.

27 George III. ‹ c. 38.

Preamble.

(2.) This Action may be brought by an Assignee of the Print. It is not necessary to produce the original Plate in Evidence.-Thomson v. Symonds, 5 T. R. 41.

[ No. VIII. ] 27 George III. c. 38.-An Act for the Encouragement of the Arts of designing and printing Linens, Cottons, Callicoes, and Muslins, by vesting the Properties thereof in the Designers, Printers, and Proprietors, for a limited Time.*

WHEREAS it may be expedient for the encouragement of the arts

of designing original patterns for linens calicoes cottons and muslins to vest the property thereof in the designers printers or proprietors for a limited time; For which purpose may it please your Majesty that it may be enacted;' And be it enacted by the King's most excellent

* See 34 Geo. III. c. 22. post, and Note.

Majesty, by and with the advice and consent of the Lords Spiritual and Tem- No. VIII. poral and Commons in this present Parliament assembled, and by the authoriy of the same, That from and after the first day of June one thousand 27 Geo. III. seven hundred and eighty-seven every person who shall invent design and print or cause to be invented designed and printed and become the proprietor

c. 38.

for Two Months from first Publication;

mages;

of any new and original pattern or patterns for printing linens cottons cali- From June 1, coe or muslins shall have the sole right and liberty of printing and re- 1787, the Proprinting the same for the term of two months, to commence from the day prietor of any of the first publishing thereof, which shall be truly printed with the name original Pattern of the printer or proprietors at each end of every such piece of linen for printing cotton calico or muslin; and that if any calico printer linen draper or Linen to have other person whatsoever, froin and after the first day of June one thousand the sole Right seven hundred and eighty-seven, within the time limited by this Act, shall of printing it print work or copy such original pattern or patterns or cause to be printed worked or copied such original pattern or patterns, or shall print or reprint or cause to be printed or reprinted any such pattern or patterns and shall and whoever publish sell or expose to sale or in any other manner dispose of or cause shall within that to be published sold or exposed to sale or in any other manner disposed of Period print any linen cotton calico or muslin so printed without the consent of the the same, to be proprietor or proprietors thereof first had and obtained in writing signed liable to an Ac by him or them respectively in the presence of two or more credible wit- tion for Da nesses knowing the same to be so printed or reprinted without the consent of the proprietor or proprietors of such pattern, then every such proprietor or proprietors shall and may, if the offence be committed in England, 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 costs of suit, in which no wager of law essoign privilege or protection or more than one imparlance shall be allowed; and if the offence be committed in Scotland every such proprietor or proprietors shall and may by an action to be brought before the court of session or any judge competent to try civil causes within his bounds recover such damages as the said court of session or the said judge shall give or assess, and for payment whereof decree shall be issued with full costs of suit, on which all such execution shall pass as is competent by the laws and practice of Scotland in the like cases: Provided nevertheless, That it shall but any Person and may be lawful for any person or persons who shall hereafter purchase purchasing any plate or plates block or blocks for printing from the proprietors there- Plates from the of to print reprint and expose for sale or cause to be printed reprinted and Proprietors may exposed for sale from the said plates or blocks without being liable to any print therefrom.

action on that account.

II. And be it further enacted by the authority aforesaid, That if any Mode of proseaction or suit shall be commenced or brought against any person or per- cuting Offences sons whatsoever for any offence committed against this Act, the same against this Act. shall be brought within the space of six months after so doing, and the defendant or defendants in such action or suit if brought in England shall and may plead the general issue and give the special matter in evidence; and if upon such action or suit a verdict shall be given for the defendant or defendants, or if the plaintiff or plaintiffs become nonsuited or discontinue his her or their action or actions, then the defendant or defendants shall have and receive full costs; for the recovery whereof he shall have the same remedy as any other defendant or defendants in any other case hath or have by law; and if such action be brought in Scotland and not insisted in, or if the defender be assoilzied, then the defender shall be entitled to full costs, for the recovery whereof he shall have the same remedy as herein-before is given to the pursuer.

III. And be it further enacted by the authority aforesaid, That this Act to continue Act shall continue in force for one year and from thence to the end of in force for one the then next session of Parliament; and shall be deemed adjudged Year, and to and taken to be a publick Act and be judicially taken notice of as such by the End of the all judges justices and other persons whatsoever without specially pleading then next the same.

Session.

Continued by 29 Geo.3. c. 19.

No. IX. 34 Geo. III,

c. 23.

34 George III. c. 23.

27 Geo. 3.

29 Geo. 3.

Expedient to extend Time limited by

27 Geo. 3.

Term further extended.

Act made petual.

pex

[ No. IX. ] 34 George III. c. 23.-An Act for amending and making perpetual an Act made in the Twentyseventh Year of the Reign of his present Majesty, intituled, 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.-[4th April 1794.]

WHEREAS an Act was made in the twenty-seventh year of the reign of his present Majesty, intituled 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 Proprie tors for a limited time; which said Act was by another Act made in the twenty-ninth year of the reign of his present Majesty continued from the expiration thereof until the first day of July one thousand seven <hundred and ninety-four: And whereas the said first recited Act hath by experience been found to be useful and beneficial: And whereas it is expedient that the time limited by the said first recited Act for vesting the property of new and original patterns for printing linens cottons calicoes or muslins in the designers printers and proprietors thereof should be extended for a longer time: May it 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 same, That from and after the first day of July one thousand seven hundred and ninety-four every person who shall invent design and print or cause to be invented designed and printed and become the proprietor of any new and original pattern or patterns for printing linens cottons calicoes or muslins shall have the sole right and liberty of printing and reprinting the same for the term of three months, to commence from the day of the first publishing thereof, which shall be truly printed (1.) with the name of the printer or proprietors at each end of every such piece of linen cotton calico or muslin; and that if any calico printer linen draper or other person whatsoever from and after the said first day of July one thousand seven hundred and ninety-four, within the time limited by this Act, shall print work or copy such original pattern or patterns or cause to be printed worked or copied such original pattern or patterns, or shall print or reprint or cause to be printed or reprinted any such pattern or patterns, and shall publish sell or expose to sale or in any other manner dispose of or cause to be published sold or exposed to sale or in any other manner disposed of, any linen cotton calico or muslin soprinted (without the consent of the proprietor or proprietors thereof first had and obtained in writing signed by him or them respectively in the presence of two or more credible witnesses) knowing the same to be so printed or reprinted without the consent of the proprietor or proprietors of such pattern; then every such proprietor or proprietors shall and may, if the offence be committed in England, by and in a special action upon the case to he 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 enquiry thereon shall give or assess together with costs of suit, in which no wager of law essoigu privilege or protection or more than one imparlance shall be allowed: and that in all other respects the said first recited Act and all the clauses matters and things therein contained (except so far as the same is varied by this Act) shall be and the same is hereby made perpetual.

(1.) In Macmurdo v. Smith, 7 T. R. 518. it was ruled, that the omission to state, in a declaration founded on this Statute, that the day of first publishing was printed, &c. is cured by verdict, it being alleged, that the Defendant printed

within the Term of Three Months, the Plaintiff was entitled to the sole right, &c. but it was admitted, that the Declaration would have been bad on Demurrer.