No. XI. 41 Geo. III. c. 107. inserted among other books or tracts to be sold therewith in any collection where the greatest part of such collection shall have been first composed or written abroad. VIII. And be it further enacted, That if any action or suit shall be commenced or brought against any person or persons whomsoever for General Issue. 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 verdict shall be given for the defendant, or the plaintiff become non-suited or 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; and that all actions suits bills indictments or informations for any offence that shall be committed against this Act shall be brought sued and commenced within six months next after such offence committed, or else the same shall be void and of none effect. Limitation of this Act Six [No. XII. ] 54 George III. c. 56.-An Act to amend and render more effectual an Act of his present Majesty, for encouraging the Art of making new Models and Casts of Busts, and other Things therein mentioned; and for giving further Encouragement to such Arts.― [18th May 1814.] WHEREAS by an Act passed in the thirty-eighth year of the reign of his present Majesty, intituled An Act for encouraging the Art of making new Models and Casts of Busts, and other Things therein men⚫tioned; the sole right and property thereof were vested in the original proprietors for a time therein specified: And whereas the provisions of the said Act having been found ineffectual for the purposes thereby intended, it is expedient to amend the same and to make other provisions and regulations for the encouragement of artists and to secure to them the profits of and in their works and for the advancement of the said arts: 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 passing of this Act every person or persons who shall make or cause to be made any new and original sculpture or model or copy or cast of the human figure or human figures or of any bust or busts, or of any part or parts of the human figure clothed in drapery or otherwise, or of any animal or animals or of any part or parts of any animal combined with the human figure or otherwise, or of any subject being matter of invention in sculpture or of any alto or basso-relievo representing any of the matters or things herein-before mentioned, or any cast from nature of the human figure or of any part or parts of the human figure, or of any cast from nature of any animal or of any part or parts of any animal, or of any such subject containing or representing any of the matters and things herein-before mentioned, whether separate or combined, shall have the sole right and property of all and in every such new and original sculpture model copy and cast of the human figure and human figures and of all and in every such bust or busts and of all and in every such part or parts of the human figure clothed in drapery or otherwise, and of all and in every such new and original sculpture model copy and cast representing any animal or animals, and of all and in every such work representing any part or parts of any animal combined with the human figure or otherwise, and of all and in every such new and original sculpture model copy and cast of any subject being matter of invention in sculpture, and of all and in every such new and original sculpture model copy and cast in alto or basso-relievo representing any of the matters or things herein-before mentioned and of every such cast from nature, for the term of fourteen years from first putting forth or publish ing the same; provided, in all and every case, the proprietor or proprietors do cause his her or their name or names with the date to be put on all and every such new and original sculpture model copy or cast and on every such cast from nature before the same shall be put forth or published. No. XII. 54 Geo. III. c.-56. Name and II. And be it further enacted, That the sole right and property of all works which have been put forth or published under the protection of the Date affixed. said recited Act shall be extended continued to and vested in the re- Works publishspective proprietors thereof for the term of fourteen years to commence ed under Act, from the date when such last-mentioned works respectively were put forth vested in Proor published. prietors for Fourteen Years. III. And be it further enacted, That if any person or persons shall Putting forth within such term of fourteen years make or import or cause to be made pirated Copies or imported or exposed to sale or otherwise disposed of any pirated copy or pirated Casts or pirated cast of any such new and original sculpture or model or copy prosecuted. or cast of the human figure or human figures or of any such bust or busts, or of any such part or parts of the human figure clothed in drapery or otherwise, or of any such work of any animal or animals or of any such part or parts of any animal or animals combined with the human figure or otherwise, or of any such subject being matter of invention in sculpture, or of any such alto or basso-relievo representing any of the matters or things herein-before mentioned, or of any such cast from nature as aforesaid, whether such pirated copy or pirated cast be produced by moulding or copying from or imitating in any way any of the matters or things put forth or published under the protection of this Act, or of any works which have been put forth or published under the protection of the said recited Act, the right and property whereof is and are secured extended and protected by this Act in any of the cases as aforesaid, to the detriment damage or loss of the original or respective proprietor or proprietors of any such works so pirated; then and in all such cases the said proprietor or proprietors or their assignee or assignees shall and may, by and in a special action upon the case to be brought against the person or persons so offending, receive such damages as a jury on a trial of such Damages. action shall give or assess together with double costs of suit. Double Costs. IV. Provided nevertheless, That no person or persons who shall or Purchasers of may hereafter purchase the right or property of any new and original Copyright sculpture or model or copy or cast, or of any cast from nature or of any secured in of the matters and things published under or protected by virtue of this same. Act, of the proprietor or proprietors expressed in a deed 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, shall be subject to any action for copying or casting or vending the same; any thing contained in this Act to the contrary notwithstanding. V. Provided always and be it further enacted, That all actions to be Limitation of brought as aforesaid against any person or persons for any offence com- Actions. mitted against this Act shall be commenced within six calendar months next after the discovery of every such offence and not afterwards. VI. Provided always and be it further enacted, That from and imme- Additional diately after the expiration of the said term of fourteen years the sole Term of Fourright of making and disposing of such new and original sculpture or teen Years, in model or copy or cast of any of the matters or things herein-before men- case Maker of tioned shall return to the person or persons who originally made or original Sculpcaused to be made the same, if he or they shall be then living, for the ture, &c, shail further term of fourteen years, excepting in the case or cases where such be living. person or persons shall by sale or otherwise have divested himself herself or themselves of such right of making or disposing of any new and original sculpture or model or copy or cast of any of the matters or things hereinbefore mentioned previous to the passing of this Act. [ No. XIII. ] 54 George III. c. 156.-An Act to amend the several Acts for the Encouragement of Learning, by No. XIII. 54 Geo. III. c. 156. 54 Geo. III. c. 156. 8 Anne, c. 19. § 5. 41 G.3. (U.K.) c. 107. § 6. repealed. securing the Copies and Copyright of printed Books to the Authors of such Books, or their Assigns.-[29th July 1814.] WHEREAS by an Act made in the eighth 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 mentioned, it was among other things, provided and 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 in the said Act mentioned, or reprinted and published with 'additions, should by the printer and printers thereof be delivered to the warehouse-keeper of the 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 libraries of the universities of Oxford and Cumbridge, the libraries of the four universities in Scotland the library of Sion College in London, and library of the Faculty of Advocates at Edin'burgh; which said warehouse-keeper is by the said Act required to de'liver such copies for the use of the said libraries; and that if any pro'prietor bookseller or printer or the said warehouse-keeper should not 'observe the directions of the said Act therein, that then he or they so 'making default in not delivering the said printed copies should forfeit 'besides the value of the said printed copies the sum of five pounds for every copy not so delivered: And whereas by an Act made in the fortyfirst year of the reign of his present Majesty, intituled An Act for the 'further Encouragement of Learning in the United Kingdom of Great "Britain and Ireland, by securing the Copics and Copyright of printed 'Books to the Authors of such Books or their assigns for the time herein mentioned, it is amongst other things provided and enacted, That in addition to the nine copies required by law to be delivered to the ware'house-keeper of the said Company of Stationers of each and every 'book and books which shall be entered in the register books of the 'said company two other copies shall in like manner be delivered for the use of the library of the college of the Holy Trinity and the library of the society of the King's Inns in Dublin by the printer and printers ' of all and every such book and books as should thereafter be printed ' and published and the title of the copyright whereof should be entered in the said register book of the said Company: And whereas it is ex'pedient that copies of books hereafter printed or published should be delivered to the libraries herein-after mentioned with the modifications 'that shall be provided by this Act;' 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 so much of the said several recited Acts of the eighth year of Queen Anne and of the forty-first year of his present Majesty as requires that any copy or copies of any book or books which shall be printed or published, or reprinted and published with additions, shall be delivered by the printer or printers thereof to the warehouse-keeper of the said Company of Stationers for the use of any of the libraries in the said Act mentioned and as requires the delivery of the said copies by the said warehouse-keeper for the use of the said libraries, and as imposes any penalty on such printer or warehousekeeper for not delivering the said copies shall be and the same is hereby repealed. Eleven printed II. And be it further enacted, That eleven printed copies of the whole Copies deliver- of every book and of every volume thereof upon the paper upon which ed on Demand the largest number or impression of such book shall be printed for sale, together with all maps and prints belonging thereto, which from and after the passing of this Act shall be printed and published on demand thereof being made in writing to or left at the place of abode of the publisher or publishers thereof at any time within twelve months next within Twelve Publication for Libraries. 54 Geo. III. c. 156. after the publication thereof under the hand of the warehouse-keeper No. XIII. of the Company of Stationers or the librarian or other person thereto authorized by the persons or body politic and corporate proprietors or managers of the libraries following, videlicet, the British Museum Sion College the Bodleian Library at Oxford the Public Library at Cambridge the library of the Faculty of Advocates at Edinburgh, the libraries of the four universities of Scotland Trinity College Library and the King's Inns Library at Dublin, or so many of such such eleven copies as shall be respectively demanded on behalf of such libraries respectively, shall be delivered by the publisher or publishers thereof respectively within one month after demand made thereof in writing as aforesaid to the warehouse-keeper of the said Company of Stationers for the time being; which copies the said warehouse-keeper shall and he is hereby required to receive at the hall of the said Company for the use of the library for which such demand shall be made within such twelve months as aforesaid; and the said warehouse-keeper is hereby required within one month after any such book or volume shall be so delivered to him as aforesaid to deliver the same for the use of such library: and if any publisher or the warehouse-keeper of the said Company of Stationers shall not observe the directions of Publishers, &c. this Act therein, that then he and they so making default in not deliver- neglecting. ing or receiving the said eleven printed copies as aforesaid shall forfeit besides the value of the said printed copies the sum of five pounds for each copy not so delivered or received together with the full costs of suit; the same to be recovered by the person or persons or body politic Penalty. or corporate proprietors or managers of the library for the use whereof such copy or copies ought to have been delivered or received; for which penalties and value such person or persons body politic or corporate is or are now hereby authorized to sue by action of debt or other proper action in any court of record in the United Kingdom. out Addition or III. Provided always and be it further enacted, That no such printed No Copies of copy or copies shall be demanded by or delivered to or for the use of any Second, &c. of the libraries herein-before mentioned of the second edition or of any Edition, with subsequent edition of any book or books so demanded and delivered as aforesaid, unless the same shall contain additions or alterations: and in Alteration, demanded; case any edition after the first of any book so demanded and delivered as aforesaid shall contain any addition or alteration no printed copy or Additions copies thereof shall be demanded or delivered as aforesaid, if a printed printed, and copy of such additions or alterations only printed in an uniform manner with the former edition of such book be delivered to each of the libraries rate. aforesaid, for whose use a copy of the former edition shall have been demanded and delivered as aforesaid: Provided also, that the copy of every Proviso for Bribook that shall be demanded by the British Museum shall be delivered of tish Museum. the best paper on which such work shall be printed. delivered sepa IV. And whereas by the said recited Acts of the eighth year of 8 Anne, c. 19. Queen Anne and the forty-first year of his present Majesty's reign it is $1. enacted, that the author of any book or books and the assignee or assigns 41 G.3. (U.K.) of such author respectively, should have the sole liberty of printing and c. 107. § 1. reprinting such book or books for the term of fourteen years, to com- Instead of Copymence from the day of first publishing the same and no longer; and right for Fourit was provided, that after the expiration of the said term of four- teen Years, and 'teen years, the right of printing or disposing of copies should return to contiugently the authors thereof, if they were then living, for another term of fourteen years: And whereas it will afford further encouragement to litera- more, Authors, ture if the duration of such copyright were extended in manner hereinafter mentioned; Be it further enacted, That from and after the passing Years' Copyof this Act the author of any book or books composed and not printed right in Works, and published, or which shall hereafter be composed and be printed and and for Residue published (1) and his assignee or assigns shall have the sole liberty of of Life. (1.) This Statute does not impose upon Authors, as a condition precedent to their deriving any benefit under that Act, that the composition should be first printed; and therefore an Author for Fourteen &c. shall have Twenty-eight does not lose his Copyright by selling his work in manuscript before it is printed.-White v. Gerock, 2 B. & A. 298. No. XIII. 54 Geo. III. c. 156. Booksellers, who shall print, without Consent of Proprietor, liable to Action for Damages. Penalty. Penalty. Offenders in Within what Time Title of at Stationers' printing and reprinting such book or books for the full term of twentyeight years to commence from the day of first publishing the same, and also if the author shall be living at the end of that period for the residue of his natural life; (2.) and that if any bookseller or printer or other person whatsoever in any part of the United Kingdom of Great Britain and Ireland in the Isles of Man Jersey or Guernsey or in any other part of the British dominions shall from and after the passing of this Act, within the terms and times granted and limited by this Act as aforesaid, print reprint or import or shall cause to be printed reprinted or imported any such book or books without the consent of the author or authors or other proprietor or proprietors of the copyright of and in such book and books first had and obtained in writing; or knowing the same to be so printed reprinted or imported without such consent of such author or authors or other proprietor or proprietors, shall sell publish or expose to sale or cause to be sold published or exposed to sale or shall have in his or their possession for sale any such book or books without such consent first had and obtained as aforesaid, then such offender or offenders shall be liable to a special action on the case at the suit of the author or authors or other proprietor or proprietors of the copyright of such book or books so unlawfully printed reprinted or imported or published or exposed to sale or being in the possession of such offender or offenders for sale as aforesaid contrary to the true intent and meaning of this Act and every such author or authors or other proprietor or proprietors shall and may by and in such special action upon the case to be so brought against such offender or offenders in any court of record in that part of the said United Kingdom or of the British dominions in which the offence shall be committed, recover such damages as the jury on the trial of such action or on the execution of a writ of enquiry thereon, shall give or assess together with double costs of suít; in which action no wager of law essoign privilege or protection nor more than one imparlance shall be allowed; and all and every such offender and offenders shall also forfeit such book or books and all and every sheet being part of such book or books, and shall deliver the same to the author or authors or other proprietor or proprietors of the copyright of such book or books upon order of any court of record in which any action or suit in law or equity shall be commenced or prosecuted by such author or authors or other proprietor or proprietors to be made on motion or petition to the said court; and the said author or authors or other proprietor or proprietors shall forthwith damask or make waste paper of the said book or books and sheet or sheets; and all and every such offender or offenders shall also forfeit the sum of three pence for every sheet thereof either printed or printing or published or exposed to sale 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 who shall sue for the same in any such court of record by action of debt bill plaint or information, in which no wager of law essoign privilege or protection nor more than one imparlance shall be allowed: Provided always, that in Scotland such offender or offenders shall be liable to an action of damages in the court of session in Scotland, which shall and may be brought and prosecuted in the same manner in which any other action of damages to the like amount may be brought and prosecuted there; and in any such action where damages shall be awarded double costs of suit or expences of process shall be allowed. V. And in order to ascertain what books shall be from time to time published, Be it enacted, That the publisher or publishers of any and every book demandable under this Act, which shall be published at any time after the passing of this Act, shall within one calendar month after the day on which any such book or books respectively shall be first sold published advertised or offered for sale within the bills of mortality, or within three calendar months if the said book shall be sold published or (2.) An Author whose works had been pub- the Copyright for life.-Brooke v. Clarke, 1 B. & lished more than twenty-eight years before the A. 396. passing of the 54 Geo. 3. c. 156. is not entitled to |