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6 & 7 V., c. 23. Amending the 4 & 5 V., c. 35.

deration of an annual rent to be valued in like manner, and subject to the like variation as the commutation rent-charge under the provisions of the said Act; and that, in addition and subject to the provisions contained in the said Act, any commutation or enfranchisement made under the same, may be made, either wholly or in part, for the consideration of a conveyance of lands, parcel of the same manor as the lands commuted or enfranchised, and subject to the same uses and trusts as the lands commuted or enfranchised may be subject to, at the time of such commutation or enfranchisement, or any right to mines or minerals in or under such lands, or any right to waste in the same.

Sect. 2.-If the consideration for enfranchisement be the grant of an annual rent, then the person empowered to obtain the enfranchisement may grant the same to the person enfranchising and his heirs, to the uses, and upon and for the trusts, intents, and purposes to, upon, or for which the manor of which such lands are parcel, are held; and he may charge such rent on all or any of the lands enfranchised as may be fixed on, and make the same payable by equal half-yearly payments; and the rent so granted shall be a rent service, and thenceforth parcel of, and appendant, and appurtenant to, the same manor as the lands enfranchised; and such rent may be granted by deed or by a schedule of appointment, to be made out and signed pursuant to the directions of the said Act and this Act.

Sect. 3.-If the consideration be the conveyance of lands, or a right to mines or minerals, or a right to waste in lands belonging to such manor as aforesaid, then the person empowered under the said Act to obtain the enfranchisement or commutation may convey the lands, or the rights, &c., to the person enfranchising, and his heirs, to the uses and upon the trusts to or for which the manor is subject at the time of the commutation or enfranchisement.

Sect. 4.-If, while the annual rent remains charged on any lands under this Act, the person entitled to the receipt thereof is entitled for a particular estate (whether subsisting at the time of the enfranchisement or not), he may apportion such annual rent, and declare what proportion thereof shall be thenceforth severally charged upon each of the respective parcels of such lands between which such apportionment is intended to be made; and after such apportionment, such rent shall be chargeable upon and payable out of such lands only, and in such proportions only as may be so declared: Provided, nevertheless, that the person seised or entitled in respect of an undivided share only may not apportion such rent, unless the person for the time being enabled to apportion the same as respects the other undivided share thereof join in apportioning such rent ; so (Sect. 5) where the person seised of lands in possession, or entitled to the receipt of the rents and profits is so seised or entitled for a particular estate (whether subsisting at the time of the enfranchisement or not) he may, with the consent of the commissioners, concur in any apportionment of such rent, and agree what proportion shall be charged upon each of the respective parcels: Provided, nevertheless, that if he be seised only of an undivided share, he may not agree to such apportionment without the concurrence of the party entitled to the other share.

Sect. 6.-Provided, nevertheless, that no apportionment of such rent shall be made unless with the concurrence of the person seised of such lands, for an estate in respect of which he is enabled either by this Act or otherwise to concur, so as to render the same permanent and effectual; and (Sect. 7) every such annual rent shall be a first charge on such land, and shall have priority over all mortgages, charges, and incumbrances whatsoever, tithe rent charge excepted, notwithstanding such mortgages, &c., have been created before such rent was so charged; and (Sect. 8) a sub-lessee shall not, in consequence of any charge under this Act, be liable to the payment of a greater sum than he would have been liable to if the charge or apportionment had not been made. Sect. 9.-If at the time of the conveyance of any lands, in consideration of any enfranchisement, there be a lease subsisting (not being an underlease), then the lessee, his executors and assigns, shall pay to the person to whom such lands are conveyed, or other the person for the time being, seised of or entitled to such lands expectant on the determination of such lease, the rent reserved, and observe the covenants and conditions contained in such lease as are to be respectively paid and observed in respect of such lands; and such person may, from time to time, make or bring all such distresses, actions, suits, or entries for non-payment of such rent or for non-performance of the covenants, conditions, and agreements, as might have been made or brought if no such conveyance had been made; and in all such distresses, actions, suits, and entries, the rents, reservations, covenants and conditions shall be deemed to be annexed to an immediate reversion vested in the person to whom the lands are so conveyed, or other the person for the time being, so seised of such lands as aforesaid.

6 & 7 V., c. 23. Amending the 4 & 5 V., c. 35.

Sect. 10.-Provided always, that if at the time of the commutation or enfranchisement of any lands, there is a lease (not being an underlease) subsisting, the lessee shall pay to the person seised of the lands so commuted or enfranchised the rent reserved, and perform the covenants in the lease contained; and such person may make distresses, &c. (see SUPRA), as might have been made by the person who would have been entitled to the lands if no such commutation or enfranchisement had been made; and in all such distresses, &c., the rents, &c., shall be deemed to be annexed to an immediate reversion, vested in the person seised of the lands so commuted or enfranchised. Sect. 11.-After reciting that by the said Act it is enacted, that whenever twelve persons, being tenants, agree with the lord for the commutation or enfranchisement of their lands, the same may be done by a schedule of apportionment, it is enacted, that where six tenants enter into such an agreement with the lord, the same may be carried into effect.

Sect. 12.-If any manor is subject to the payment of any fee-farm rent or other charge not exceeding in amount the annual quit-rents payable to the lord, the commissioners may direct that so much of the money to be received for enfranchisement shall be paid into the Bank of England, in the name and with the privity of the accountant-general of the Court of Chancery, to be placed to his account there, ex parte the copyhold commissioners, and be applied under the directions of the Court of Chancery in redeeming the said land and indemnifying the owner of such land, as provided for in the case of other money directed to be paid into the Bank under the said Act; and every such fee-farm rent or other charge shall be paid to the person entitled thereto, at the same time, and subject to the same deductions for land-tax or otherwise, as if no enfranchisement had taken place; and when provision has been so made for any such charge, the said commissioners may direct the remainder of the money, after deducting all expenses attending the payment of such fee-farm rent or other charge to the person entitled, to be applied in like manner as if no such charge had existed; and thenceforth no land enfranchised in such manor shall be liable to the payment of any greater part of the said fee-farm rent or other charge than the amount of the quit-rent theretofore payable out of such land, but to such an extent the land shall continue liable to the said fee-farm rent or other charge, and shall be liable to the like remedies for the recovery thereof, as if the quit-rent had continued payable; and the said commissioners shall state in the deed, schedule, or other instrument, the amount of such quit-rent or liability in every case and such statement shall be conclusive against the owner of the said land: Provided, nevertheless, that the commissioners may, with the consent of the person entitled to such fee-farm rent or other charge, direct, if they see fit, that any other security in land or money which they may consider sufficient for the purpose, shall be substituted for the payment of money into the Bank, and also with the like consent, direct that all or any part of the land to be enfranchised may be released from the payment of the said fee-farm rent, and the same shall thenceforth be released accordingly.

Sect. 13.-After reciting that the said Act requires notice to be given to the person next entitled to the inheritance, it is enacted, that in case any tenant whose estate is less than an estate of fee-simple, is a party to an enfranchisement under the said Act or this Act, and pays the whole price of the enfranchisement, so that no part thereof or of the expenses shall be charged on the inheritance of the land, notice need not be given to the person entitled to the next estate of inheritance in remainder or reversion. Sect. 14.-When the lord of a manor is entitled only for a limited estate therein, or under any legal disability, any money to be paid for enfranchisement may, at the option of the respective parties for the time being, or of their respective husbands, guardians, or committees, in case of coverture, infancy, or lunacy, be paid into the Bank in the name and with the privity of the accountant-general, and be placed to his account, in order to be applied in manner as in the Act directed; or otherwise the same may be paid, at the like option, to the trustees acting under the will, conveyance, or settlement under which such lord, having such limited interest, holds or is interested in the manor; or if there are no such trustees, then into the hands of trustees to be nominated under the hands and seals of the said commissioners; and the money, when so paid to such trustees, shall be applied, with the consent of the said commissioners, in manner as directed by the said Act concerning money paid for enfranchisement.

Sect. 15.-The recited Act and this Act shall be construed to extend to all lands holden by copy of court-roll, or by the custom of the manor for life or lives or for years, whether the tenant have or have not a right of renewal; and the word "land" or "lands" shall extend to all corporeal and incorporeal hereditaments whatsoever, whether subject to manorial rights or otherwise, or any undivided part or share therein.

7 & 8 V., c. 55. Further Amendment of the 4 & 5 V., c. 35.

Sect. 1.-After reciting the 4 & 5 V., c. 35, and 6 & 7 V., c. 23, it is enacted, that the provisions of the recited Acts, or either of them, as to the recovery of expenses, costs, and charges to be paid by any tenant, being a trustee, and not beneficially interested in the lands of which he stands admitted as tenant, to be affected by any commutation or enfranchisement, shall extend as well to cases in which there is no apportionment on commutation or enfranchisement, in pursuance of the recited Acts or this Act, as to cases in which there is such an apportionment.

Sect. 2.-Every person beneficially interested in the said lands, having a limited beneficial interest only, and paying such expenses, &c., to any tenant being such trustee as aforesaid, may, with the consent of the copyhold commissioners, under their hands, and by a simple entry on the court-rolls, not to be subject to any stamp duty, and for which the steward shall charge only 138. 4d., charge the said expenses with interest thereon at the rate of four per cent. on the lands to which the same relate; but so, nevertheless, that the principal charged on such lands be lessened one twentieth of such charge every year, and shall be subject to previous mortgages.

Sect. 3. Where trustee is tenant of any lands to be affected by any commutation or enfranchisement as aforesaid, the person beneficially interested therein at the date of the confirmation of the commutation agreement, or at the date of the conveyance or other assurance by which the enfranchisement is made, shall, for the purposes of these Acts as to the expenses, be deemed the person beneficially interested. Sect. 4.-The provisions of the aforesaid Acts for charging and securing the considerationmoney of any enfranchisement, shall extend as well to cases where there is no apportionment, as to those where there is; and (Sect. 5) in addition to the provisions of the aforesaid Acts, any commutation or enfranchisement may be made wholly or in part for the consideration of a conveyance of land, or of any right to mines or minerals, although the same be not parcel of, or situate in, or under the lands of, the same manor, as the lands to be commuted or enfranchised; provided that the said lands, or the said right to mines or minerals can, in the opinion of the said commissioners, be conveniently held with the same manor, and are subject, so far as the difference of tenure may permit, to the same uses and trusts as the lands so to be commuted or enfranchised may be subject to at the time.

Sect. 6.—In case any trustee nominated by the copyhold commissioners under the aforesaid Acts, be desirous of resigning or incapable of acting, they may, if they think proper, appoint some other person, as if the vacancy had occurred under the provisions of the secondly hereinbefore recited Act; and (Sect. 7) the provisions of the first recited Act, authorizing distress and entry in cases of non-payment of the rent-charge authorized by the aforesaid Act to be granted, shall extend to rent-charges granted and made payable under the secondly recited Act and this Act; and (Sect. 8) this Act shall be taken to be part of the aforesaid Acts, and all proceedings which may have been had, and all commutations and enfranchisements which may have taken place under the said Acts, or either of them, and all matters and things incident thereto, shall be of the same force and effect as if the provisions of this Act had been contained in the first recited Aet.

COPYRIGHT.

Synopsis of the Statutes.

THE law of copyright is applied to books, dramatic pieces and lectures, to prints or engravings, and to models and designs.

Copyright in Books. The principal statutes now in force with regard to copyright in books, are the 15 G. 3, c. 53, which perpetuates copyright in books given to the Universities, see Dig., Part I., tit. COPYRIGHT, (Universities); the 6 & 7 W. 4, c. 110, which restricts the deliveries of copies of works to certain

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Copyright in books.-There can be no copyright in a book, which from its immoral tendency it is unlawful to publish, Stockdale v. Onwhyn, 5 B. & C. 173; and in a recent case it has been decided that if a person offers an original work of one author as the translation of a work of another

more celebrated writer, with a view of deceiving the public for purposes of gain, he is guilty of a fraud, and acquires no copyright in such work, Wright v. Tallis, 14 L. Journ. (N. S.) C. P. 283; S. C. 9 Jur. 946.

libraries, ib., tit. Copies; the 5 & 6 V., c. 45, which amends the law generally, and repeals former Acts, ib., Part II., tit. COPYRIGHT.

The 12 G. 2, c. 36, prohibits the importation of books reprinted abroad, which were first printed in G. B.; but the 1 & 2 V., c. 59, is the first Act which gave a copyright to books originally published abroad, and reprinted in G. B., see Dig., Part II., tit. COPYRIGHT. This Act has since been repealed and amended by the 7 & 8 V., c. 12, see INFRA.

The 10 A., c. 19, s. 112, which provided for the forfeiture of copyright in any pamphlet where the duty was not paid, is repealed by the 55 G. 3, c. 185, s. 5.

Copyright in Dramatic Pieces, &c.-The copyright in dramatic pieces was first provided for by the 3 & 4 W. 4, c. 15; and that in lectures by the 5 & 6 W. 4, c. 65, see Dig., Part. I., tit. Lectures, Part II., tit. COPYRIGHT.

Copyright in Prints and Engravings is secured to the designer by the 8 G. 2, c. 13; and afterwards, for a longer term, by the 7. G. 3, c. 38, with the power of suing for penalties, by the 17 G. 3, c. 57, see Dig., Part I., tit. COPYRIGHT, (Engravings).

Copyright in Works of Sculpture is protected by the 38 G. 3, c. 71; and the 54 G. 3, c. 56, see Dig., Part I., tit. COPYRIGHT, (Sculpture).

Copyright in Designs.-All the Acts relating to this branch of the subject, namely, 27 G. 3, c. 38; 29 G. 3, c. 19; 34 G. 3, c. 23; 2 & 3 V., cc. 13, 17, see Dig., Part II., tit. COPYRIGHT, (Designs), are repealed by the 5 & 6 V., c. 100, which consolidates and amends the provisions of former Acts, and has since been amended by the 6 & 7 V., c. 65, see INFRA.

5 & 6 V., c. 100. Copyright in Designs for Ornamenting Articles of Manufacture.

Sects. 1, 2.-After reciting and repealing 27 G. 3, c. 38, &c. (see Dig. Part II., tit. COPYRIGHT, Designs), there is a saving of former rights.

Sect. 3.-The proprietor of any new and original design (except for sculpture, and other things mentioned in the 38 G. 3, c. 71, and 54 G. 3, c. 56, see SUPRA), applicable to the ornamenting any article of manufacture, whether by printing or painting, or embroidery, or by weaving, sewing, casting, embossing, engraving, staining, or any other means whatever, shall, if the same have not been previously published in the U. K. or elsewhere, have the sole right to apply the same to any articles of manufacture for the terms hereinafter mentioned, that is to say:

In respect of the application to any article of manufacture contained in the 1st, 2nd, 3rd, 4th, 5th, 6th, 8th, or 11th of the classes following for the term of three years:

In respect of the application of any such design to ornamenting any article of manufacture contained in the 7th, 9th, or 10th of the classes following for the term of nine calendar months:

In respect of such application to articles in the 12th and 13th classes for the term of twelve calendar months:

Class 1. Articles composed wholly or chiefly of any metal or mixed metal.

Class 2. Articles of wood or chiefly of wood.

Class 3. Articles composed wholly or chiefly of glass.

Class 4. Articles composed wholly or chiefly of earthenware.

Class 5. Paper hangings.

Class 6. Carpets.

Class 7. Shawls, if the design be applied solely by printing, or by any other process by which colours are or may hereafter be produced upon tissue or textile fabrics.

Class 8. Shawls not comprised in Class 7.

Class 9. Yarn, thread, or warp, if the design be applied solely by printing, or by any other process by which colours are or may hereafter be produced.

5 & 6 V., c. 100. Copyright in Designs for ornamenting Articles of Manufacture.

Class 10. Woven fabrics, composed of linen, cotton, wool, silk, or hair, or of any two or more of such materials, if the design be applied by printing, or by any other process by which colours are or may hereafter be produced upon tissue fabrics, excepting the articles included in Class 11.

Class 11. Woven fabrics, composed of linen or any two or more such materials, if the design be applied by printing, &c., such woven fabrics being or coming within the description technically called furnitures, and the repeat of the design whereof shall be more than twelve inches by eight.

Class 12. Woven fabrics not comprised in any preceding class.

Class 13. Lace, and any article of manufacture or substance not comprised in any preceding class.

Sect. 4.-Provided always, that no person shall be entitled to the benefit of this Act, unless the design have before publication thereof been registered in respect of the application thereof to some one of the articles of manufactures comprised in the abovementioned classes; and unless the name of such person be also registered as proprietor; and unless, after publication of such design, every such article of manufacture hath thereon, if it be a woven fabric, for printing, at one end thereof; or if any other kind, at the end or edge thereof, the letters "R. ;" together with such number or letter, and in such form as to correspond with the date of the registration; and such marks may be either made in or on the material, or by a label attached thereto. Sect. 5.-The author of any such design shall be considered the proprietor, unless for a good or a valuable consideration he have executed the work for another, who in that case shall be considered the proprietor, and may be registered as such; and every person acquiring, for a good or valuable consideration, the right to apply a new design, and also every person upon whom the property in such design, or right, may devolve, may be considered the proprietor; and (Sect. 6) every person purchasing, or otherwise acquiring, the right to the entire or partial use of any such design, may enter his title in the register hereby provided, and any writing purporting to be a transfer of such design, and signed by the proprietor thereof, shall operate as an effectual transfer; and the registrar shall, on request, and the production of such writing, or in the case of acquiring such right by any other mode than that of purchase, on the production of satisfactory evidence, insert the name of the new proprietor in the register; and the transfer and request to the registrar may be in the following form:

Form of Transfer and Authority to register.

I, A. B., author (or proprietor) of design No.-, having transferred my right thereto, [or, if such transfer be partial] so far as regards the ornamenting of [describe the articles

of manufacture, or the locality with respect to which the right is transferred], to B. C.
of-
do hereby authorize you to insert his name on the register of designs accordingly.

Form of Request to register.

I, B. C., the person mentioned in the above transfer, do request you to register my name and property in the said design, as entitled [if to the entire use] to the entire use of such design [or if to the partial use] to the partial use of such design, so far as regards the application thereof [describe the article or the locality].

Sect. 7.-During the existence of any such right to the entire or partial use of any such design, no person shall, without the license or consent in writing of the registered proprietor, apply any such design, or any fraudulent imitation thereof, for the purpose of sale, to the ornamenting any article of manufacture, or any substance artificial or natural; nor shall any person publish, sell, or expose for sale, any such article or substance, to which such design or fraudulent imitation has been applied, after having received, either verbally or in writing, or from any source other than the proprietor of such design, knowledge that his consent has not been given to such application, or after having been served with, or had left at his premises, a written notice, signed by such proprietor or his agent, to the same effect.

Sect. 8. For every such offence a sum not less than 5l., or not exceeding 307., shall be forfeited to the proprietor, and may be recovered, if committed in England, by action of debt, or on the case, or by two justices having jurisdiction where the party resides ; and in this latter case, any one justice may summon the party to appear before two justices, who, upon his appearance, or in his absence in case of default, shall hear and

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