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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.

No. III.

8 Geo. II.

c. 13.

II. Provided nevertheless, That it shall and may be lawful for any Not to extend person or persons who shall hereafter purchase any plate or plates for to Purchasers printing from the original proprietors thereof to print and reprint from of Plates from the said plates without incurring any of the penalties in this Act men- the original tioned. Proprietors.

III. And be it further enacted by the authority aforesaid, That if any Limitation of action or suit shall be commenced or brought against any person or per- Actions. sons whatsoever for doing or causing to be done any thing in pursuance of this Act, the same shall be brought within the space of three months after so doing; and the defendant or defendants in such action or suit

shall or may plead the general issue and give the special matter in evi- General Issue. dence; and if upon such action or suit a verdict shall be given for the defendant or defeudants, or if the plaintiff or plaintiffs 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.

IV. 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; any thing in this Act contained to the contrary notwithstanding.

V. And whereas John Pine of London engraver doth propose to en- Clause relating grave and publish a set of prints copied from several pieces of tapestry to J. Pine. ' in the House of Lords and his Majesty's wardrobe and other drawings relating to the Spanish invasion in the year of our Lord one thousand 'five hundred and eighty-eight;' Be it further enacted by the authority aforesaid, That the said John Pine shall be entitled to the benefit of this Act to all intents and purposes whatsoever in the same manner as if the said John Pine had been the inventor and designer of the said prints.

VI. And be it further enacted by the authority aforesaid, That this Act Publick Act. shall be deemed adjudged and taken to be a publick Act, and be judicially taken notice of as such by all judges justices and other persons whatsoever without specially pleading the same.

[No. IV. ] 12 George II. c. 36.—An Act for prohibiting the Importation of Books reprinted Abroad, and first composed or written and printed in Great Britain; and for repealing so much of an Act made in the Eighth Year of the Reign of her late Majesty Queen Anne, as empowers the limiting the Prices of Books.

c. 36.

WHEREAS the duties payable upon paper imported into this king- 12 Geo. II. dom to be made use of in printing greatly exceed the duties pay*able upon the importation of printed books whereby foreigners and Preamble. others are encouraged to bring in great numbers of books originally printed and published in this kingdom and reprinted abroad, to the diminution of his Majesty's revenue and the discouragement of the trade and manufacture of this kingdom;' For the preventing thereof for the future, May it please your most excellent 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 twenty-ninth day of September one

No. IV.

thousand seven hundred and thirty-nine it shall not be lawful for any 12 Geo. II. person or persons whatsoever to import or bring into this kingdom for sale any book or books first composed or written and printed and pubc. 36. lished in this kingdom and reprinted in any other place or country whatsoever; and if any person or persons shall import or bring into this kingdom for sale any printed book or books so first composed or written and printed in this kingdom and reprinted in any other place or country as aforesaid; or knowing the same to be so reprinted or imported contrary to the true intent and meaning of this Act shall sell publish or expose to sale any such book or books; then every such person or persons so doing or offending shall forfeit the said book or books and all and every sheet or sheets thereof; and the same shall be forthwith damasked and made waste paper; and further that every such offender or offenders shall forfeit the sum of five pounds (1.) and double the value of every book which he or they shall so import or bring into this kingdom or shall knowingly sell publish or expose to sale or cause to be sold 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 to any person or persons that shall sue for the same; to be recovered with costs of suit 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 or protection or more than one imparlance shall be allowed; and if the offence be committed in Scotland to be recovered before the Court of Session there by summary action: Provided that this Act shall not extend to any book that has not been printed or reprinted in this kingdom within twenty years before the same shall be imported.

Clause in

8 Anne, c. 19. repealed.

II. Provided always, That nothing in this Act contained shall extend to prevent or hinder the importation of any book first composed or written and printed in this kingdom which shall or may be reprinted abroad and 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 and printed abroad; any thing in this Act contained to the contrary notwithstanding.

III. And be it further enacted by the authority aforesaid, That so much of 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, whereby it is provided and enacted, That if any bookseller or booksellers printer or printers shall after the said fiveand-twentieth day of March one thousand seven hundred and ten set a price upon or sell or expose to sale any book or books at such a price or rate as shall be conceived by any person or persons to be high and unreasonable; it shall and may be lawful for any person or persons to make complaint thereof to the Lord Archbishop of Canterbury for the time being the Lord Chancellor or Lord Keeper of the great seal of Great Britain for the time being the Lord Bishop of London for the time being the Lord Chief Justice of the Court of Queen's Bench the Lord Chief Justice of the Court of Common Pleas the Lord Chief Baron of the Court of Exchequer for the time being the Vice-Chancellors of the two Universities for the time being in that part of Great Britain called England the Lord President of the Sessions for the time being the Lord Justice General for the time being the Lord Chief Baron of the Exchequer for the time being the Rector of the college of Edinburgh for the time being in that part of Great Britain called Scotland, who or any one of them shall and have hereby full power and authority from time to time to send for summon or call before him or them such bookseller or booksellers printer or printers and to examine and inquire of the reason of the dearness and enhancement of the price of value of such book or books by him or them so sold or exposed to sale; and if upon such inquiry and examination it shall be

(1.) Two Penalties may be incurred upon this Clause on the same day.-Brooke v. Milliken, 3 T. R. 509.

found that the price of such book or books is enhanced or any ways too high and unreasonable, then and in such case the said Archbishop of Canterbury Lord Chancellor or Lord Keeper Bishop of London two Chief Justices Chief Baron Vice-Chancellors of the Universities in that part of Great Britain called England and the said Lord President of the Sessions Lord Justice General Lord Chief Baron and Rector of the college of Edinburgh in that part of Great Britain called Scotland, or any one or more of them so inquiring and examining, have hereby full power and authority to reform and redress the same and to linit and settle the price of every such printed book and books from time to time according to the best of their judginents and as to them shall seem just and reasonable; and in case of alteration of the rate or price from what was set or demanded by such bookseller or booksellers printer or printers to award and order such bookseller and booksellers printer and printers to pay all the costs and charges that the person or persons so complaining shall be put unto by reason of such complaint and of the causing such rate or price to be so limited and settled; all which shall be done by the said Archbishop of Canterbury Lord Chancellor or Lord Keeper Bishop of London two chief Justices Chief Baron Vice-Chancellors of the two Universities in that part of Great Britain called England and the said Lord President of the Sessions Lord Justice General Lord Chief Baron and Rector of the college of Edinburgh in that part of Great Britain called Scotland, or any one of them, by writing under their hands and seals, and thereof publick notice shall be forthwith given by the said bookseller or booksellers printer or printers by an advertisement in the Gazette; and if any bookseller or booksellers printer or printers shall after such settlement made of the said rate and price sell or expose to sale any book or books at a higher or greater price than what shall have been so limited and settled as aforesaid, then and in every such case such bookseller or booksellers printer or printers shall forfeit the sum of five pounds for every such book so by him her or them sold or exposed to sale, one moiety thereof to the Queen's most excellent Majesty her heirs and successors, and the other moiety to any person or persons that shall sue for the same, to be recovered with costs of suit in any of her Majesty's courts of record at Westminster by action of debt bill plaint or infermation, in which no wager of law essoign privilege or protection or more than one imparlance shall be allowed; and every part of the said clause shall be and the same is hereby repealed.

No. IV.

12 Geo. II.

c. 36.

IV. And be it further enacted, That this Act (except so much thereof Farther conas repeals the before-mentioned clause in the said Act of the eighth year tinued by of the reign of the late Queen Anne relating to the prices of books) shall 27 Geo. 2. continue and be in force from the said twenty-ninth day of September one c. 18. and thousand seven hundred and thirty-nine for and during the space of 33 Geo. 2. seven years, and from thence to the end of the then next session of Par- c. 16. liament and no longer.

[ No. V. ] 7 George III. c. 38.-An Act to amend and render more effectual an Act made in the Eighth Year of the Reign of King George the Second, for Encouragement of the Arts of Designing, Engraving, and Etching Historical and other Prints; and for vesting in and securing to Jane Hogarth, Widow, the Property in certain Prints.

7 Geo. III. c. 38.

WHEREAS an Act of Parliament passed in the eighth year of the reign of his late Majesty King George the Second, intituled 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 has been 'found ineffectual for the Purposes thereby intended;' Be it enacted by Original Inventhe King's most excellent Majesty, by and with the advice and consent tors, &c. of of the Lords Spiritual and Temporal and Commons in this present Par- Prints, &c.

No. V.

7 Geo. III. c. 38.

intitled to the Benefit of recited and present Act, &c.

The Right intended vested in the Proprietors for 28 Years.

Limitation of
Actions.

liament assembled, and by the authority of the same, That from and after the first day of January one thousand seven hundred and sixtyseven all and every person and persons who shall invent or design engrave etch or work in mezzotinto or chiaro oscuro, or from his own work design or invention shall cause or procure to be designed engraved etched or worked in mezzotinto or chiaro oscuro any historical print or prints, or any print or prints of any portrait conversation landscape or architecture map chart or plan or any other print or prints whatsoever, shall have and are hereby declared to have the benefit and protection of the said Act (1.) and this Act under the restrictions and limitations hereinafter mentioned.

II. And be it further enacted by the authority aforesaid, That from and after the said first day of January one thousand seven hundred and sixty-seven all and every person and persons who shall engrave etch or work in mezzotinto or chiaro oscuro, or cause to be engraved etched or worked any print taken from any picture drawing model or sculpture either ancient or modern, shall have and are hereby declared to have the benefit and protection of the said Act and this Act for the time hereinafter mentioned in like manner as if such print had been graved or drawn from the original design of such graver etcher or draftsman, and if any person shall engrave print and publish or import for sale any copy of any such print contrary to the true intent and meaning of this and the said former Act, every such person shall be liable to the penalties contained in the said Act, to be recovered as therein and herein-after is mentioned.

"The sole right of printing and reprinting the late W. Hogarth's "prints vested in his widow and executrix for twenty years. Penalty of copying, &c. any of them before expiration of the term; such copies "excepted as were made and exposed to sale after the term of fourteen "years for which the said works were first licensed, &c."

V. And be it further enacted by the authority aforesaid, That all and every the penalties and penalty inflicted by the said Act and extended and meant to be extended to the several cases comprised in this Act shall and may be sued for and recovered in like manner and under the like restrictions and limitations as in and by the said Act is declared and appointed; and the plaintiff or common informer in every such action (in case such plaintiff or common informer shall recover any of the penalties incurred by this or the said former Act) shall recover the same together with his full costs of suit.

VI. Provided also, That the party prosecuting shall commence his prosecution within the space of six calendar months after the offence committed.

VII. And be it further enacted by the authority aforesaid, That the sole right and liberty of printing and reprinting intended to be secured and protected by the said former Act and this Act shall be extended continued and be vested in the respective proprietors for the space of twentyeight years, to commence from the day of the first publishing of any of the works respectively herein-before and in the said former Act mentioned.

VIII. 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 whatsoever for doing or causing to be done any thing in pursuance of this Act, the same shall be brought within the space of six calendar General Issue. months after the fact committed; and the defendant or defendants in any of 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 plaintiffs become non-suited 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.

Full Costs.

(1.) It is observable, that this Act does not expressly require the name of the proprietor and the te of publication to be engraved on the print

but query if the provision of Statute 8 Geo. 2. in that respect, is not to be considered as included by reference.

No. VI.

c. 53.

[ No. VI. ] 15 George III. c. 53.-An Act for enabling the two Universities in England, the four Universities 15 Geo. III. 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.

c. 53.

WHEREAS authors have heretofore bequeathed or given and may 15 Geo. III. 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 Universities, shall at their respective presses have for ever the sole liberty of printing &c. to have for and reprinting all such books as shall at any time hereafter have been or ever the sole (having not been heretofore published or assigned) shall at any time here- Right of printafter be bequeathed or otherwise given by the author or authors of the ing, &c. same respectively or the representatives of such author or authors to or in trust for the said universities, or to or in trust for any college or house of learning within the same, or to or in trust for the said 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 given or shall hereafter be bequeathed or given for any term of years or other limited term; any law or usage to the contrary hereof in any wise notwithstanding,

or

II. And it is hereby further enacted, That if any bookseller printer or Persons printother person whatsoever from and after the twenty-fourth day of June ing or selling one thousand seven hundred and seventy-five shall print reprint or import such Books or cause to be printed reprinted or imported any such book or books; shall forfeit the or knowing the same to be so printed or reprinted shall sell publish or same, and also expose to sale or cause to be sold published or exposed to sale any such 1d. for every book or books; then such offender or offenders shall forfeit such book sheet; 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 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 one Moiety to meaning of this Act; one moiety thereof to the King's most excel- his Majesty, and the other to the Prosecutor.

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