PART 1. always, that it shall be lawful to the sheriff, in the event of SUPPLEMENT TO 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, reduction, or otherwise.(a) In Ireland the penalty may be recovered, either by action In Ireland. 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.(b) actions, &c. No action or other proceeding for any offence or injury Limitation of under the Acts is to be brought after the expiration of twelve calendar months from the commission of the offence.(c) In every such action or other proceeding the party who Costs. prevails is to recover his full costs of suit or of such other proceeding. (d) proceeding. In case of any summary proceeding before justices in costs in cases England, the justices may award payment of costs to the of summary party prevailing, and grant a warrant for enforcing payment thereof against the summoning party, if unsuccessful, in like manner as before provided for recovering any penalty with costs against any offender under the Acts. (e) The above provisions as to actions for damages, the Designs limitation of actions, the mode of recovering penalties, and registry the awarding and recovery of costs, are applicable in the case of designs provisionally registered. (f) The proprietor may also institute proceedings in the Proceedings in county court of the district within which the piracy is county court. alleged to have been committed, for the recovery of damages which he may have sustained by reason of such piracy.(g) In any such proceedings in the county court the plaintiff must deliver, with his plaint, a statement of particulars as to the date and title, or other description of the registration whereof the copyright is alleged to be pirated, and as to the alleged piracy.(h) The defendant, if he intends at the trial to rely as a defence on any objection to the copyright, or to the title of the proprietor therein, must give notice, in the manner (a) Sect. 8. (b) lb. (d) lb. (c) 5 & 6 Vict. c. 100, s. 12; 6 & 7 Vict. c. 65, s. 6. (g) 21 & 22 Vict. c. 70, s. 8. (h) lb. PART L. SUPPLEMENT TO provided by the 76th section of 9 & 10 Vict. c. 95,(a) of his intention to rely on such special defence, and also state in such notice the date of publication and other particulars of any design whereof prior publication is alleged, or of any objection to such copyright. (b) Remedy in equity. The judge of the county court, at the instance of the defendant or plaintiff respectively, may require any statement or notice delivered by either party to be amended in such manner as he may think fit. (c) The provisions of 9 & 10 Vict. c. 95 (the County Courts Act, 1846), and of 12 & 13 Vict. c. 101, as to proceedings in a plaint, to appeal, and to writs of prohibition, are to be applicable to proceedings for piracy of designs.(d) The equitable remedy by injunction, is also open to the person whose copyright is infringed. (a) This notice is to be given to the registrar of the county court at least five clear days before the return, and he is to communicate it to the plaintiff. The defendant need not prove at the trial that the notice was so communicated to the plaintiff. (b) 21 & 22 Vict. c. 70, s. 8. (c) lb. (d) Id. sect. 9. APPENDIX. 8 GEO. 2, CAP. 13. An Act for the Encouragement of the Arts of designing, engraving, and 8 GEO. 2, c. 13 etching historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers during the Time therein mentioned. WHEREAS divers persons have, by their own genius, industry, pains, and expense, invented and engraved, or worked in mezzotinto, or chiaro oscuro, sets of historical and other prints, in hopes to have reaped the sole benefit of their labours: and whereas printsellers and other persons have of late, without the consent of the inventors, designers, and proprietors of such prints, frequently taken the liberty of copying, engraving, and publishing, or causing to be copied, engraved, and published, base copies of such works, designs, and prints, to the very great prejudice and detriment of the inventors, designers, and proprietors thereof: for remedy thereof, 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 excellent Majesty, by and with the advice and consent of the Lords spritual 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, which shall be in the year of our After 24th June, Lord one thousand seven hundred and thirty-five, every person who 1735, the shall invent and design, engrave, etch, or work, in mezzotinto or chiaro property of historical and oscuro, or from his own works and invention shall cause to be designed other prints and engraved, etched, or worked, in mezzotinto or chiaro oscuro, any inventor for historical or other print or prints, shall have the sole right and liberty fourteen years. of printing and reprinting the same for the term of fourteen years, to commence from the day of the first publishing thereof, which shall Proprietor's be truly engraved with the name of the proprietor on each plate, and name to be printed on every such print or prints; and that if any printseller or print. other person whatsoever, from and after the said twenty-fourth day of Penalty on June, one thousand seven hundred and thirty-five, within the time printsellers or others pirating limited by this Act, shall engrave, etch, or work as aforesaid, or in the same. any other manner copy and sell, or cause to be engraved, etched, or copied and sold, 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 to be printed, reprinted, or imported for sale, any such print or prints, or any parts thereof, 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, or, knowing the same to be so printed or reprinted without the consent of the proprietor or proprietors, shall publish, sell, or expose to sale, or otherwise or in any other manner dispose of, or cause to be published, sold, or exposed to sale, or otherwise or vested in the affixed to each 8 GEO. 2, c. 13. in any other manner disposed of, any such print or prints, without such consent first had and obtained as aforesaid, then such offender or offenders shall forfeit the plate or plates on which such print or prints are or shall be copied, and all and every sheet or sheets (being part of or whereon such print or prints are or shall be so copied or printed), to the proprietor or proprietors of such original print or prints, who shall forthwith destroy and damask the same, and further, that every such offender or offenders shall forfeit five shillings for every print which shall be found in his, her, or their custody, either printed or published, and exposed to sale or otherwise disposed of, contrary to the true intent and meaning of this Act, the one moiety thereof to the King's most excellent Majesty, his heirs and successors, and the other moiety thereof to any person or persons that shall sue for the same, to be recovered in any of his Majesty's courts of record at Westminster, 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. Not to extend to purchasers of plates from the original proprietors. Limitation of thing done in pursuance of Act. General issue. 2. Provided nevertheless, that it shall and may be lawful for any person or persons who shall hereafter purchase any plate or plates for printing from the original proprietors thereof to print and reprint from the said plates without incurring any of the penalties in this Act mentioned. 3. And be it further enacted by the authority aforesaid, that if any actions for any action or suit shall be commenced or brought against any person or persons whatsoever for doing or causing to be done anything in pursuance of this Act, the same shall be brought within the space of three months after so doing; and the defendant and defendants in such action or suit shall or 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 plaintiff's become nonsuited, or discontinue his, her, or their action or actions, then the defendant or defendants shall have and recover 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. 4. Provided always, and be it further enacted by the authority aforesaid, that if any action or suit shall be commenced or brought against any person or persons for any offence committed against this Act, the same shall be brought within the space of three months after the discovery of every such offence, and not afterwards, anything in this Act contained to the contrary notwithstanding. Limitation of actions for offences against this Act. Public Act. 5. Clause relating to J. Pyne. 6. And be it further enacted by the authority aforesaid, that this Act shall be deemed, adjudged, and taken to be a public Act, and be judicially taken notice of as such by all judges, justices, and other persons whatsoever, without specially pleading the same. 15 GEO. 3, CAP. 53. 15 GEO. 3. c 53 An Act for enabling the two Universities in England, the four Universities in Scotland, and the several colleges of Eton, Westminster, and Winchester, to hold in perpetuity their Copyright in Books, given or bequeathed to the said Universities and Colleges for the advancement of useful learning and other purposes of education; and for amending so much of an Act of the eighth year of the reign of Queen Anne, as relates to the delivery of books to the warehouse keeper of the Stationers' Company, for the use of the several libraries therein mentioned. Preamble. and Scotland to printing, &c. them, WHEREAS authors have heretofore bequeathed or given, and may 15 GEO. 3, c 53. hereafter bequeath or give, the copies of books composed by them, to or in trust for one of the two universities in that part of Great Britain called England, or to or in trust for some of the colleges or houses of learning within the same, or to or in trust for the four universities in Scotland, or to or in trust for the several colleges of Eton, Westminster, and Winchester, and in and by their several wills or other instruments of donation, have directed or may direct, that the profits arising from the printing and reprinting such books shall be applied or appropriated as a fund for the advancement of learning, and other beneficial purposes of education within the said universities and colleges aforesaid: and whereas such useful purposes will frequently be frustrated, unless the sole printing and reprinting of such books, the copies of which have been or shall be so bequeathed or given as aforesaid, be preserved and secured to the said universities, colleges, and houses of learning respectively in perpetuity; 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 the said universities and colleges respectively shall, at their respective Universities, presses, have, for ever, the sole liberty of printing and reprinting all &c. in England such books as shall at any time heretofore have been, or (having not have, for ever, been heretofore published or assigned) shall at any time hereafter be the sole right of bequeathed, or otherwise given by the author or authors of the same such books as respectively, or the representatives of such author or authors, to or have been, or in trust for the said universities, or to or in trust for any college or shall be, house of learning within the same, or to or in trust for the said bequeathed to four universities in Scotland, or to or in trust for the said colleges of Eton, Westminster, and Winchester, or any of them, for the purposes aforesaid, unless the same shall have been bequeathed or unless the same given, or shall hereafter be bequeathed or given, for any term of have been, or years, or other limited term; any law or usage to the contrary hereof for a limited in anywise notwithstanding. 2. And it is hereby further enacted, that if any bookseller, printer, After June 24, or other person whatsoever, from and after the twenty-fourth day of 1775, persons June, one thousand seven hundred and seventy-five, shall print, selling such reprint, or import, or cause to be printed, reprinted, or imported, any books shall for such book or books; or, knowing the same to be so printed or and also id for reprinted, shall sell, publish, or expose to sale, or cause to be sold, every sheet; published, or exposed to sale, any such book or books; then such offender or offenders shall forfeit such book or books, and all and every sheet or sheets, being part of such book or books, to the university, college, or house of learning respectively, to whom the copy of such book or books shall have been bequeathed or given as aforesaid, who shall forthwith damask and make waste paper of them; and further, that every such offender or offenders shall forfeit one penny for every sheet which shall be found in his, her, or their custody, either printed or printing, published or exposed to sale, contrary to the true intent and meaning of this Act; the one moiety One moiety to thereof to the King's most excellent Majesty, his heirs and successors, his Majesty, and the other moiety thereof to any person or persons who shall sue to the for the same; to be recovered in any of his Majesty's courts of prosecutor. 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, essoin, privilege, or protection, or more than one imparlance, shall be allowed. shail be, given time. printing or feit the same, and the other |