Inst. 2. 1. 25. 34.

another's grapes, olives, or wheat, it belongs to the new operator, who is to make a satisfaction to the former proprietor for the By confusion of materials he has so converted. But in the case of confusion of goods.

goods, where those of two persons are so intermixed that the
several portions can be no longer distinguished; if the inter-
mixture be by consent, the proprietors have an interest in
common, in proportion to their respective shares. But if one
wilfully intermixes his money, corn, or hay, with that of an-
other, without his approbation or knowledge, it gives the sole
of the whole to him who has not interfered in the
property
mixture, and whose original dominion is invaded.

Copyright, or the right which an author has in his own original literary compositions, so that no other person without his leave may publish or make profit of the copies, being grounded on labour and invention, may be reduced to the head of occupancy. By 8 Ann. c. 19, amended by 15 Geo. 3, c. 53, the author and his assigns have the sole liberty of printing and reprinting his works for the term of fourteen years only; and if at the end of that term the author himself be living, the right shall then return to him for another term of the same duration (d). And a similar privilege is extended to

(d) By 54 Geo. 3, c. 156, this term was extended to twenty-eight years; and if the author should be living at the expiration of that term, for the remainder of his life, during which time, the printing, reprinting, or importing the work, without the author's consent, or the consent of the owner of the copyright, or knowing the same, and then selling such pirated work, subjects the party to a special action on the case for damages, with double costs, and forfeiture of the work, with threepence for every sheet thereof printed or exposed to sale. But such action must be brought within twelve months after the offence.

By 1 & 2 Vict. c. 59, her majesty, by order in council, may direct that authors of books first published abroad, and their assigns, shall have a copyright in such books within this country, as authors were then by law entitled to in respect of books first published in England.

By 3 & 4 Wm. 4, c. 15, the author of any dramatic piece or entertainment has the sole right of representing, or causing to be represented the same, for twenty-eight years; and if the author shall be living at the end of that time, for the rest of his life. By s. 2, a penalty of 40s. or the profits arising from representation, whichever may be most, with double costs, is imposed on offenders against the act.

By 5 & 6 Wm. 4, c. 65, the author of any lecture, or purchaser of it for delivery in any school, institution, or other place, or for any other purpose, has the sole right of printing and publishing the same; and if any person shall, by taking down the same in short-hand, or writing, obtain a copy thereof, and print and publish the same without leave, every such person, and also every person, who knowing the same, shall sell such lecture, shall forfeit the printed copy, with one penny per sheet. By s. 2, a penalty is imposed on printers or publishers of newspapers publishing lectures without leave.

the inventors of prints and engravings for the term of twentyeight years, by 8 Geo. 2, c. 13, and 7 Geo. 3, c. 38, besides an action for damages with double costs, by 17 Geo. 3, c. 57, which seem to have been suggested by the exception in the Statute of Monopolies, 21 Jac. 1, c. 3, which allows a royal patent of privilege to be granted for fourteen years, to any inventor of a new manufacture for the sole working or making of the same; by virtue whereof it is held, that a temporary property therein becomes vested in the king's patentec (e).

1 Vern. 62.

By s. 3, persons having liberty to attend lectures are not on that account licensed to publish them. By s. 4, the act is not to prevent the publishing of lectures after the expiration of the copyright extended to them by 8 Ann. c. 19, and 54 Geo. 3, c. 156. By s. 5, the act is not to extend to lectures delivered in unlicensed places, or in any university, public school, or college, or in any public foundation, or in virtue of any private gift, endowment, or foundation.

(e) By 54 Geo. 3, c. 156, the sole and exclusive property in all sculptures, casts, and models is vested in the sculptor for fourteen years; but his name, with the date of the publication, must be inscribed thereon. And by s. 6, a further exclusive property is conferred on the original proprietor for fourteen years longer, if he be living at the expiration of the first term.

By 27 Geo. 3, c. 28, and 34 Geo. 3, c. 23, the proprietor of original patterns for printing linen, cotton, calico, or muslin, has the sole right of printing the same for three months. The name of the proprietor and the date of publication, must be printed at each end of the article. Whoever within the prescribed period pirates the same, is liable to an action for damages.

By 2 Vict. c. 13, the provisions of the two last acts were extended to fabrics composed of wool, silk, or hair, and to mixed fabrics, composed of any two or more of the following materials, viz. linen, cotton, wool, silk, or hair.

By 2 Vict. c. 17, an exclusive copyright for twelve months, is given to the proprietor of any new and original design made for the pattern or print, to be worked into or worked on, or printed or painted on any article of manufacture being a tissue or textile fabric, except lace, linens, cottons, calicoes, and muslins, and except any other article mentioned in the three last acts, and in 29 Geo. 3, c. 19; and a copyright for the same time is extended to the proprietor of any new design for modelling, casting, embossing, chasing, engraving, or for any other kind of impression or ornament, on any article of manufacture, not being a tissue or textile fabric, or for the shape or configuration of any article of manufacture, except lace, linens, cottons, calicoes, muslins, and except any other article mentioned in the acts 27 Geo. 3, c. 28; 29 Geo. 3, c. 19; 34 Geo. 3, c. 23; and 2 Vict. c. 13.

CHAPTER XXVII.

OF TITLE BY PREROGATIVE AND FORFEITURE.

By prerogative. ANOTHER method of acquiring property in personal chattels is by the king's prerogative; by which a right may accrue either to the crown or to such as claim thereunder; as by the king's grant, or by prescription, which supposes a grant. Such are tributes, taxes, and customs, whether constitutionally inherent in the crown, as flowers of the prerogative and branches of the census regalis, or occasionally created by parliament; and forfeitures, fines, and amercements due to the king, accruing by prerogative, or by modern statutes.

To tributes, taxes, and customs payable

to the crown.

The king can-
not have a joint
property with
a subject in a
chattel not
capable of
division.

Prerogative copyright.

Restrictions

of game.

The king cannot have a joint property with any person in one entire chattel, or such a one as is not capable of division; but where the titles of the king and a subject concur, the king takes the whole; nor can the king, either by grant or contract, become a joint tenant of a chattel real with another person, but by such grant or contract he becomes entitled to the whole in severalty.

There is also a kind of prerogative copyright held to be vested in the crown. Thus, the king, as the executive magistrate, has the right of promulgating all acts of state and government. This gives him the exclusive privilege of printing at his own press, or that of his grantees, all acts of parliament, proclamations, and orders of council. As supreme head of the church, he has a right to the publication of all liturgies and books of divine service. He has also by purchase a right to the copies of law books and other compositions, compiled or translated at the expense of the crown. Upon the two last principles, the exclusive right of printing the translation of the Bible is founded.

The property of such animals feræ naturæ, as are denomion the taking nated game, with the right of pursuing and taking them, is vested in the king alone, and from him derived to such of his subjects as have received grants of a chase, a park, a free warren, or free fishery (a).

Origin of the prohibitions

All forest and game laws originated with the feodal sys-
Under the Saxon government, every freeholder had

tem.

(a) By 1 & 2 Wm. 4, c. 32, “an act to amend the laws in England relative to game," all former acts (except 9 Geo. 4, c. 69, for the more effectual prevention of persons

the full liberty of sporting upon his own territories, provided respecting he abstained from the king's forests; but upon the Norman game.

going armed by night for the destruction of game, which see post, book 4, c. 13), were repealed. The word "game" shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game and bustards, s. 2. Game shall not be killed on a Sunday or Christmas-day under a penalty of 5l. No person shall kill any partridge between 1st February and 1st September, or any pheasant between 1st February and 1st October, or any black game (except in Somerset or Devon, or in the New Forest) between 10th December and 20th August, or in Somerset or Devon, or the New Forest, between 10th December and 1st September, or any grouse or red game, between 10th December and 12th August, or any bustard, between 1st March and 1st September, under a penalty of 11. for every head of game so killed, s. 3. Possession of game is illegal in dealers after ten days, and in other persons after forty days from the expiration of the season, s. 4. The act does not affect the then existing laws respecting game certificates, s. 5. Every certificated person may kill game, subject to the law of trespass, provided that game-keepers must pay a duty on their certificates of 31. 13s. 6d. to empower them to shoot, except within the limits of their appointments, s. 6. Under the existing leases the landlord shall have the game, except in certain cases, s. 7. The act does not affect any existing or future agreements respecting game, nor any rights of manor, forest, chase, or warren, s. 8. The act does not affect any of the queen's forest rights, &c., s. 9. The act does not affect any cattle gates, or rights of common, and the lord of the manor is to have the game on the wastes, s. 10. Landlords having the right to game reserved to themselves may authorize any other certificated persons to kill it, s. 11. Where the landlord has the right to game in exclusion of the occupier, the occupier is liable to a penalty for killing it, s. 12. Lords of manors may appoint game-keepers to seize dogs, nets, and other engines and instruments, s. 13. Lords of manors may grant deputations, s. 14. Regulations respecting the appointment of game-keepers in Wales, s. 15. All appointments of game-keepers are to be registered with the clerk of the peace, s. 16. Certificated persons may sell game to licensed dealers, except game-keepers, who have paid less than 31. 13s. 6d. on their certificates, who are not to do so unless on the account and with the authority of their masters, s. 17. The justices of the peace are to hold a special session yearly for granting licenses to persons to deal in game, s. 18. Persons licensed to deal in game must take out a certificate, with a duty of 21., s. 19. Any person killing game without a certificate is liable to a penalty of 5l., s. 23. Persons selling game without license, or to unlicensed persons, except innkeepers, are liable to a penalty of 21., ss. 25, 26. Persons buying game, except from licensed dealers, are liable to a penalty of 57., s. 27. Licensed dealers buying game from uncertificated persons are liable to a penalty of 107. 8. 28. Any person trespassing upon lands in search of game, woodcocks, snipes, quails, landrails, or conies, is liable to a penalty of 21., and any persons, to the number of five, doing so, are liable to a penalty of 57.; and if the occupier of the land not being entitled to the game, allows any person to kill it, the party entitled to the game may enforce the penalty, s. 30. Trespassers in search of game may be required to quit the land, and to tell their names and abodes, and in case of refusal, may be arrested; but the party arrested must be discharged unless brought before a justice within twelve hours, s. 31. Persons, to the number of five, found armed on any land in search of game, woodcocks, snipes, &c., and using violence or intimidation, are liable to a penalty of 5l., besides the other penalties imposed by the act, s. 32. The provisions as to trespassers are not to apply to persons hunting or coursing any deer,

c. 10.

conquest, the right of pursuing and taking all beasts of chase, and such other animals as were accounted game, was held to belong to the king, or to such only as he authorized. This new right the crown exerted with the utmost rigour, not only in the ancient forests, but in the new ones which the Conqueror made, by laying together vast tracks of country depopulated for that purpose, and reserved solely for the king's royal diversion, in which were exercised the most horrid tyrannies and oppressions under cover of forest laws. Accordingly, we find the immunities of Carta de Foresta as warmly contended for, and extorted from the king with as much difficulty, as those of Magna Carta itself. By this charter, many forests were disafforested, or stripped of their oppressive privileges, and improved regulations were made for such as remained. But as the king reserved to himself exclusively certain forests, so he granted out tracts of lands to his subjects, under the names of chases or parks, or gave them license to make such in their own grounds; and by the common law, no person may take or kill any beasts of chase (except beasts of prey) unless he has an ancient chase or park. The liberty of taking or killing inferior game, as beasts and fowls of warren, is also a franchise derived from the crown, and called free-warren; a word signifying preservation or custody, as the exclusive right of taking and killing fish in a public river is called a free-fishery. The intention in granting these franchises was to protect the game by giving to the grantee an exclusive power of killing it himself, provided he prevented others. No one, unless he has a chase or free-warren, by grant from the crown or prescription, can justify hunting or sporting upon another's soil; nor in strictness of law, either hunting or sporting at all (b). By the

hare, or fox, already started upon any other land, nor to any person exercising a right, or reputed right of free warren or free chase, nor to any game-keeper lawfully appointed within the limits of any free warren, nor to any lord or any steward of the crown of any manor, lordship, or royalty, nor to any game-keeper lawfully appointed by such lord or steward within the limits of such manor, lordship, or royalty, s. 35. Game may be taken from trespassers not delivering up the same when demanded, s. 36. Power is given to any justice to summon witnesses to give evidence as to any offence against the act, and persons neglecting to attend are liable to a penalty of 5l., s. 40. The prosecutor is not required to negative by evidence any certificate, &c., but the party prosecuted is bound to prove the same. The act is not to preclude actions for trespass, but no double proceedings are to be taken for the same trespass, s. 46. In all such actions the venue must be laid and cause tried in the county where the fact was committed, s. 47. The act does not extend to Scotland or Ireland, s. 48.

(b) See the last note.