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expose for sale, with a guilty knowledge, an article or substance having unlawful marks, he shall forfeit, for every offence, a sum not exceeding five pounds, to be recovered by any person proceeding for it by any of the ways directed with respect to penalties for piracy, (s. 11.)
PIRACY OF DESIGNS. During the existence of a right to the entire or partial use of a design no person shall, without the registered proprietor's written licence or consent, do any of the following acts, with regard to any articles or substances in respect of which the copyright of the design is in force; viz. No person shall apply the design, or a fraudulent
imitation of it, for the purpose of sale, to ornamenting any article of manufacture, or any substance, artificial or natural, or partly artificial
and partly natural. No person shall publish, sell, or expose for sale, any
article or substance to which such design or fraudulent imitation is applied, after having either verbally, in writing, or otherwise received from any source other than the proprietor knowledge that consent to such application has not been given ; or after having been served with, or having had left at his premises, a written notice to the same
effect, signed by the proprietor or his agent. (s. 7.) PENALTIES FOR PIRACY.- A person committing any of the above acts of piracy is to forfeit, for every offence, a sum not less than five and not more than thirty pounds to the proprietor of the design in respect of whose right the offence is committed. (s. 8.)
The proprietor may recover the penalty, in ENGLAND, by an action of debt, or on the case,
against the offender; or summarily before two magistrates having jurisdiction where the offender resides. The section (s. 8. see Appendix, No. 4.) directs, in the summary proceeding, the mode of process and of recovering the penalties and costs by distress: it also gives forms of information and conviction. The aggregate amount of penalties, however, for offences in respect of one design, committed by one person up to the time of proceedings being instituted, shall not exceed one hundred pounds. (s. 8.) By the 13th section, in such summary proceedings, the magistrates may award payment of costs to the prevailing party, and may grant a warrant for enforcing payment against the summoning party, if unsuccessful, in the same manner as any penalty with costs is
recoverable under this act : in ScoTLAND, by action before the Court of Session
in ordinary form; or by summary action before the sheriff of the county where the offence is committed, or the offender resides. The section (see Appendix, No. 4.) directs, in the summary proceeding, the mode of process and the recovery of the penalties by poinding. If the sheriff dismiss the action, and assoilzie the defender, he may find the complainer liable in expenses ; and his
judgment is final: in IRELAND, by action 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 is committed. (s. 8.)
Notwithstanding the remedies above given, the proprietor injured may, if he elect to do so, bring an action for the recovery of the damages which he has sustained from the piracy of his design. (s. 9.)
LIMITATION OF Actions. — No action or other proceeding for an offence or injury under this act shall be brought after the expiration of twelve calendar months from the commission of the offence. (s. 12.)
Costs. — In every action or other proceeding for an offence or injury under this act, the prevailing party shall receive his full costs. (s. 12.)
A TABULAR VIEW
THE DIFFERENT TERMS OF COPYRIGHT..
TERM OF COPYRIGHT.
cluding in that word Maps,
longs to the Crown
given or bequeathed to the own presses, if the term be not
Westminster, or Winehester
the 5 & 6 V. c. 45., the time, THE AUTHOR'S LIFE AND 7
YEARS AFTER HIS DEATH ; OR
of the 5 & 6 V. c. 45., the
TERM OF COPYRIGHT.
of the 5 & 6 V. c. 45., the FROM THE TIME OF FIRST PUBLI-
than those above mentioned.
Privy Council, pursuant to THE LICENCE.
the 5 & 6 V. c. 45. s. 5. Articles in Encyclopædias If published in the author's life
time, THE AUTHOR'S LIFE, AND
riodicals to be published after 28 years from the time of
their first publication in the review or periodical, the author may
publish them in a separate form. DRAMATIC PIECES AND MUSICAL
COMPOSITIONS, right to the
THE AUTHOR'S LIFE, AND 7 YEARS
AFTER HIS DEATH; OR 42 YEARS
SENTATION OR PERFORMANCE. ENGRAVINGS AND PRINTS
28 YEARS FROM THE TIME OF FIRST
PUBLICATION; AND, TO THE AU-