thread, or warp, if the design be applied by printing, or by any process by which the colours are produced.-10. Woven fabrics composed of linen, cotton, wool, silk, or hair, or of any two or more such materials, if the design be applied by printing, or other process by which colours are produced upon tissue, or textile fabrics, excepting the articles included in Class 2.-11. 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 process by which colours are produced upon tissue or textile fabrics, such woven fabrics coming within the description technically called furnitures, and the repeat of the design shall be more than twelve inches by eight inches.-12. Woven fabrics not comprised in any preceding class.-13. Lace, and any article of manufacture or substance not comprised in any preceding class. The above act being confined to designs applicable to the ornamenting of any article of manufacture," its provisions are extended, by 6 & 7 V. c. 65, to designs not ornamental, but having reference to some purpose of utility, so far as such designs shall be for the shape or form, and have been unpublished; such copyright to be registered, and to exist for three years from the date of registration, but each article must bear the word "registered" upon some part of it, with the date of registration, or the benefit of the act to be forfeited. Any article wrongfully so marked, or advertised for sale as registered, subjects the person offending to a penalty not exceeding £5, nor less than £1. Floor and oil cloths are to be included in Class 6, of carpets. appointment of a registrar under the provisions of the former act is repealed, and the Board of Trade empowered to appoint a registrar and other officers for carrying both the acts into effect, and to fix their remuneration. The powers of the registrar are then defined; one of his duties being to prepare an index of the titles of the designs not ornamental, to be inspected by any one on the payment of a fee, and after the expiration of the copyright the designs themselves (which are to be furnished to the registrar at the time of registration) may be inspected and copied upon payment of a fee. The These acts are extended under 13 & 14 V. c. 104, by which the registrar of designs, upon application by the proprietor, may register provisionally for one year any design not previously published in the United Kingdom or elsewhere. During the continuance of such provisional registration new designs are protected against piracy under the like penalties given in the Designs Act, 1842. The exhibition of provisionally registered designs in any place, whether public or private, in which articles are not sold, or exposed or exhibited for sale, and to which the public are not admitted gratuitously, or in any place certified by the Board of Trade to be a place of public exhibition within the meaning of this act; or the publication of any account or description of any design exhibited or exposed in any such place of exhibition or exposure, in any catalogue or periodical, or otherwise, shall not prevent the proprietor from registering such designs under the Designs Act, at any time during the continuance of the provisional registration, in the same manner as if no such registration or publication had been made, provided the articles exhibited have attached the words "provisionally registered," with the date of registration. Sale of articles with provisionally registered designs renders null the registration; but the design itself may be sold. Period of provisional registration may be extended by the Board of Trade. Designs for ornamenting ivory, bone, papier-mâché, and other solid substances, may be registered under the Designs Act for three years, and the term be extended by Board of Trade. By 21 & 22 V. c. 70, s. 4, copyright in designs not to be prejudiced, if articles be marked with name and address of proprietor, and the word "registered' Any pattern or portion of an article of manufacture in lieu of copy or description may be registered. Proprietor of extended copyright, being applied to, to give the number and date of registration under a penalty of £10. Penalty on applying any mark of registration to an article not registered, £10, with full costs of suits. The court of Queen's Bench decided in December, 1864, that 3. 5 of this act, which provides that the registration of any pattern, or portion of an article of manufacture to which a design is applied, instead or in lieu of a copy, drawing, print, specification, or description in writing, shall be sufficient, applies to cases where the novel design is a combination, as well as to cases where it is a simple design, complete in itself. The point arose in the case of Macrae v. Holdsworth, where the inventor of a design to be applied to woven fabrics, consisting of the combination of a certain ground-work with ornamental stars of a particular form, had registered a portion of the woven fabric to which the design had been applied, unaccompanied by any explanation or description of the design which he claimed as his invention. By s. 8, proprietor of design may institute proceedings for the prevention of piracy in the county court of the district in which piracy has been committed, delivering with his plaint the date and other particulars of registration. The 24 & 25 V. c. 73 extends the phrase in the above acts (provided the same be done within the United Kingdom), by enacting that the same shall apply to every such design as therein referred to, whether the application be done within the United Kingdom or elsewhere, and whether the inventor or proprietor of such design be or not a subject of her Majesty. VII. PREROGATIVE COPYRIGHTS. The copyright of certain works is exclusively vested in the crown, for different reasons. 1. The queen, as the executive magistrate, has the right of promulgating to the people all acts of state and government this gives her the exclusive privilege of printing, at her own press, or that of her guarantees, all acts of parliament, proclamations, and orders of council. 2. As head of the Church, she has a right to the publication of all liturgies and books of divine service. 3. She has a right, by purchase, to the copies of such law books, grammars, and other compositions, as were compiled or translated at the expense of the crown. And upon this last principle the exclusive right of printing the translation of the Bible has been maintained. 4. And, lastly, almanacks have been said to be prerogative copyrights, either as things derelict, or else as being substantially nothing more than the calendar prefixed to the liturgy; but the patent for this has been declared void, and prerogative copyright may be said generally to rest on doubtful grounds. The most important of these exceptional copyrights is that of the Holy Scriptures. In England the exclusive right of printing Bibles is enjoyed by the queen's printer, concurrently with the two universities; in Ireland, the monopoly of the queen's printer is shared with Trinity College; in Scotland, the whole was in the hands of the queen's printer till 1838, when the patent expired, and the right of printing was vested by the crown in a board of commissioners. Any infringement of the copyright of works vested in the universities of England and Scotland, or Trinity College, Dublin, or the colleges of Eton, Winchester, and Westminster, subjects the piratical copies to forfeiture, and a penalty per sheet. VIII. INDUSTRIAL EXHIBITIONS. An act of 1865, the 28 & 29 V. c. 3, provides for the protection of works of art and industry, manufactured or contributed wholly or in part by the industrial classes to public exhibitions. By s. 2, power is given to the Board of Trade to certify, if they think fit, that any purposed exhibition is in their judgment calculated to promote British art and industry, and be beneficial to the industrious. Certificate of the board to certify the place and time of holding such exhibition, but time allowed not to exceed six months. Exhibition of new inventions not to prejudice patent rights, nor the exhibition of designs to prejudice the right of registration under the Designs Act of 1842, and by 33 & 34 V. c. 27, the exhibition of any new invention shall not prejudice the right of the exhibitor, where he is the true and first inventor, to leave within six months of the opening of the exhibition a petition for the grant of letters Patent for such invention at the office of the Commissioners of Patents, nor is the exhibition of any new design to prejudice the right of any person to register such new design. IX. REMEDY AGAINST INFRINGEMENT OF COPYRIGHT, &c. Upon the principle of preventing a civil injury which a court of equity can only redress, the court of Chancery interferes to protect the owners of literary copyright, by issuing an injunction to restrain the sale of pirated copies, and an order to produce an account of such copies printed and sold. The principle on which the court interferes is the protection of property: it requires, therefore, a clear title in the party complaining as the condition of its interference. It follows from this, that the copyright must be properly vested in the prosecutor, and that the work must be of such a nature that damages might be recovered in a court of common law for pirating it; that is, it must be a work neither of an immoral, blasphemous, libellous, nor editious character. This, however, must be understood of its pervading tenor, not of isolated passages. The general rule appears to be, that auy work containing matter against which a public indictment or private prosecution could be sustained is not protected by the law, but may be pirated with impunity; and the parties, if sued for penalties, may adduce the objectionable contents of the work to defeat the action. A remarkable exception this to the general rule of law that none shall take advantage of his own wrong; and its operation is often as remarkable, the effect of the rule being to disseminate more widely that which the law declares unworthy of regard. Upon these dicta it has been decided that no action can be maintained for pirating a work which professes to be the amours of a courtesan; and it is no answer to the objection that the defendant is also a wrong doer in publishing them, and that he, therefore, ought not to set up their immorality, 2 Car. & Pay. 163. action cannot be maintained even on a bill for printing a grossly immoral and indecent work, 1 Ry. & M. 337. An In Lawrence v Smith an injunction to restrain the infringement of a copyright in a work, as to which it appeared doubtful whether it did not tend to impugn the doctrine of the Scriptures, was refused, Jac. 471. A voyage of discovery having been executed, a narrative of it, prepared under the order of the crown, is the property of the erown; but on a bill by the publisher, authorized by the secretary to the Admiralty to publish such narrative, the profits remaining at their disposition, an injunction, restraining the publication by a stranger, was dissolved, 3 Swanst. 687. If the right or infringement of copyright be disputed in fact, the court will sometimes direct an issue to be tried at common law, and finally sustain or dissolve the injunction according to the result of that trial. CHAPTER XVII. Patentees and Inventors. A right of patent, or the exclusive privilege of making and disposing of a new invention for the period of fourteen years, is secured by the 21 Jac. 1, c. 3; and most probably it was this statute which suggested to the Legislature under Queen Anne the first law for the limitation of copyright. By 5 & 6 W. 4, c. 83, amended by 2 & 3 V. c 67, an attempt was made to obviate some of the defects of the patent laws, and better to secure the rights of inventions and discoveries. One hardship of the former system was the destruction of all right to a patent which resulted from an inadvertent claim put into any part of an invention that might not actually be new, although that circumstance should be unknown to the inventor; and even although the part claimed should be a small and unessential portion of the new invention. This defect was obviated, and a patentee who finds he has been anticipated in some portion of his invention may disclaim that portion, and still retain his exclusive privilege in the remainder. If a patentee have reproduced some old invention, believing himself to be the inventor, a power was vested in the crown to continue the patent of the patentee, when it appears that the invention had not been publicly and generally used. A patentee is protected from vexatious actions questioning the validity of his patent, the certificate of the judge who tried one action operating as a bar to future suits. Lastly, an important advantage was given by the power vested in the crown, of extending, on the recommendation of the privy council, the term of a patent from fourteen to twenty-one years. Under the old law a valuable patent often expired just about the time the difficulties attending its first introduction had been surmounted, and it was beginning to be profitable to the inventor. In 1852 the patent laws were further amended, the facilities for obtaining letters patent for inventions extended, and the law respecting them materially altered, by 15 & 16 V. c. 83. Under this act a commission is constituted, consisting of the lord chancellor, the master of the rolls, the attorney and solicitor general for England, the attorney and solicitor general for Ireland, and the lord advocate and solicitor general for Scotland, for the time being, |