versity, or free public library in the United States, or (4) when such books form parts of libraries or collections purchased en bloc for the use of societies, institutions, etc., above enumerated, or form parts of the libraries or personal baggage belonging to persons arriving from foreign countries and not intended for sale. It is held that letters may be the subject of copyright; but the right of publication belongs to the writer and his representatives, and not to the receiver, who has, at most, only a special property in them.

It has also been held by the Supreme Court of the United States that the control of the owner of copyright over a copyrighted volume ends when the book is sold, and that a condition imposed upon the purchaser that he shall have the right to sell it only at a fixed price is void.

A Canadian copyright may be taken out by "any person resident in Canada, or any person, being a British subject and resident in Great Britain or Ireland. The book must be printed and published in Canada.

(330.)

Agreement between Author and Publisher.-Short Form.

This Agreement, Made this

day of

in the year 19—, by and between (name of author) and (name of publisher) witnesseth as follows:

The said (name of author) being now preparing a work, to be called (or on the subject of — -) to be in volume hereby

agrees and promises to complete the same for the press as rapidly as practicable, and to sell to the said (name of the publisher) for the sum of dollars, to be paid as hereinafter mentioned, the exclusive right of printing, publishing, and selling the first edition thereof, to consist of copies. The copyright of said work to be secured and retained by said (name of author) as author and proprietor.

said sum of

And the said (name of publisher) hereby agrees and promises to publish said edition of copies, and to pay to said (name of author) the dollars, by his promissory, negotiable notes, payable months from the day of publication of said copies of said work, for presentation. day of

at average credit of
edition; and also to give him

Witness our hands, in duplicate, this

(331.)

(Signature of author.)
(Signature of publisher.)

Agreement between Author and Publisher.-Fuller Form.

Articles of Agreement, Made this

by and between

day of

A. D. 19,

of the first part, and

of

State of

day of

course of preparation by him, to be entitled

pages,

booksellers and publishers, of the second part, witnesseth, That the said (name of the author) in consideration of the agreements of the said (name of publishers) hereinafter contained, hereby agrees with them and their representatives and assigns that he will deliver to them on or before the A. D. 19, the manuscript of a book now in said manuscript to be properly prepared for the press, and to be sufficient in amount for volume of not less than similar to those of that he will secure in his own name a good and valid copyright thereof for the United States, and any renewals or extensions of such copyright to which he may hereafter be entitled, and will defend the same from all infringements and adverse claims, and will save the said and their representatives and assigns, harmless and indemnified from all such infringements and claims, and from all damage, costs, and expenses arising to them by reason thereof; that he will license and allow the said and their representatives and assigns, but no other party or parties, to print, publish, and sell the aforesaid book, and any revisions of the same, during the continuance of any copyrights or renewals thereof which he may obtain therefor; provided, however, that the said and their representatives and assigns shall in substantial good faith keep and perform their agreements hereinafter contained; and that during the continuance of the exclusive rights hereby granted, he will revise said book as occasion may require, and will with all reasonable diligence and speed superintend in the usual manner of authors the printing of all editions thereof; and will not prepare, edit, or cause to be published, in his name or otherwise, anything which may injure or interfere with the sale of the aforesaid book.

copies,

And the said (name of the publishers) in consideration of the foregoing agreements of the said author of the aforesaid book, hereby agree on their part that they will, upon the delivery to them of the manuscript thereof as aforesaid, proceed at once to print and publish an edition of said book, of at least of which they will deliver to the said author for his own use without charge; that they will subsequently, from time to time, during the continuance of their enjoyment of the exclusive rights herein granted them, print and publish such other editions of said book as the demand for the same may require, copies of each of which they will deliver to said author for his own use without charge; that they will use their best exertions to secure the speedy sale of all such editions published by them as aforesaid; and that, upon the publication of each and every edition of said book, they will pay unto the said author, or his representatives or assigns, a sum equal to upon each and every

copy of which said edition shall consist (excepting, however, said copies to be given to said author as aforesaid, and such other copies as may be used for presentation to editors and others for the purpose of obtaining reviews and notices, or otherwise to promote the sale of said book), which said sum shall be paid as follows (state the manner and times of payment, as by cash or notes) but from any sum so to be paid as aforesaid shall first be deducted the cost of any alterations or corrections, exceeding ten per cent. of the cost

of first setting up the type, made by the said author in said book after the portion altered or corrected is in type.

In Witness Whereof, The said parties have hereto, and to another instrument of like tenor, set their hands the day and year first above written. (Signature of author.) (Signature of publishers.)

(Witnesses.)

(332.)

An Assignment of a Copyright.

To all Whom it may Concern: Whereas I, (name of assignor) of in the County of

the United States for a work entitled

copyright bears date

I did obtain a copyright from and the certificate of said

and State of

Now this Deed Witnesseth, That for a valuable consideration, viz: to me in hand paid, the receipt of which is hereby acknowledged, I have assigned, sold, and set over, and by these presents do assign, sell, and set over unto the said (name of assignee) all the right, title, and interest I have in the above book (or design, etc.) as secured to me by said copyright. The same to be held and enjoyed by the said (name of assignee) for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said copyright was issued, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made.

In Testimony Whereof, I have hereunto set my hand and affixed my seal, this in the year of our Lord one thousand nine hun

dred and

day of

Sealed and Delivered in Presence of

(Signature.) (Seal.)

CHAPTER XXXVI.

MEANS PROVIDED FOR THE RECOVERY AND COLLECTION OF DEBTS.

1. ARREST AND IMPRISONMENT.-In many States, no person can be arrested or imprisoned for debt. In California no female, and in Louisiana no female, and no person who has not a domicil in the State, and in Ohio no female, nor any officer or soldier of the Revolutionary army, can be arrested or imprisoned for debt. In all the States, the intention of the law is to limit imprisonment to those cases in which either fraud was committed in the contraction of the debt, or the debtor intends to abscond out of the

reach of process. The provisions to effect this are very various. Generally, the plaintiff must file in the clerk's office, or indorse upon the writ, an affidavit of the facts on which he grounds the right of arrest. In some of the States, provision is made for the imprisonment on execution of a debtor who can be found to possess, and refuses to surrender, property or interest, real or personal, which might be made available for the payment of his debts.

2. THE TRUSTEE PROCESS.-The trustee process, or garnishee process, or process of foreign attachment,-by all which names it is known,-is now nearly or quite universal. It is substantially this: A owes B a debt; but A has no property in his hands or possession which B can get at; but A has deposited in the hands of C, goods, or property, or credits of some kind, or A has a valid claim against C for services rendered, or money loaned, or goods sold, or something else; and this B gets by suing A, not with a common writ, but with a trustee writ, so called, in which he declares that C is the trustee of A, for property, etc.; and on this writ, if B recovers judgment against A, he will have an execution against all A's property in the hands of C, and all A's valid demands against C. But C, when notified, may come into court, and, in answer to all questions put to him, declare that he (C) has no property in his hands belonging to A, and that he does not owe A anything. And then the plaintiff may shape the questions as he pleases, to draw out the truth.

No one is adjudged trustee, or made to pay to the creditor the debt due to the debtor, if he has given a negotiable note for it, because he might have to pay it again to an honest indorsee. Nor if the debt is not certainly due; nor, generally, if it is due from the trustee in any official capacity, which will require him to account over for the money in his hands; nor if the debtor has recovered a judgment against the trustee, on which execution may issue.

The laws of the British Provinces for the collection of debts are similar in substance and purpose to those of the United States, with similar provisions against abuse or oppression.

3. THE HOMESTEAD.-In most of the States, a homestead is protected from creditors, and exempted from all attachment or execution, excepting in some States for taxes, or wages of labor to a certain amount.

Various provisions are made in each of these States to combine a due protection of the creditor with proper prevention of fraud. The most common means are by requiring that "the homestead" should be distinctly defined and set apart, and in many cases by the additional requirement, that the description and location of it should be put on public record.

In all the States there are also exemption laws. These provide very generally that bed and bedding and other necessary furniture, needful clothing, a Bible and school-books, and a certain amount of food and fuel, shall not be taken on attachment or execution. In some states, the tools of a trade, the uniform, arms, and equipments of soldiers or officers in the militia, the family burying-vault and gravestones, a team or yoke of oxen, bees with their hives and honey, a boat for fishing, etc., are exempted. These statutes often enumerate the articles exempted quite minutely, and then add, that necessary articles to a certain amount of value, usually one or two hundred dollars, are also exempted. We give annexed to this chapter an Abstract of the Laws of all the States relating to the collection of debts.

ABSTRACT OF LAWS RELATING TO THE COLLECTION OF DEBTS.

INCLUDING ACTIONS, ATTACHMENT, ARREST, GARNISHMENT, JUDGMENT, EXEMPTIONS, AND HOMESTEAD.

ALABAMA.

ACTIONS. Civil actions are begun by service of summons, issued by the clerk of court, and accompanied by the complaint of the plaintiff. All actions on contracts for the payment of money may be joined in one.

ATTACHMENT may be levied on any real estate, or personal property, or by garnishment. It may issue, (1) to enforce the collection of any debt, (2) for any money demand, (3) to recover damages for the breach of any contract, or, (4) when the action sounds in damages merely, on affidavit by the plaintiff that the defendant resides out of the State, or has absconded, or has secreted himself, or is about to remove, or has or is about to dispose of his property fraudulently. Affidavit must set forth amount of debt or demand, that it is justly due and that attachment is not for purpose of harassing defendant. Plaintiff must also give bond to defendant to prosecute attachment to effect, and pay all damages sustained by wrongful suing out of attachment, except in action against non-resident.

GARNISHMENT. The judgment creditor in any action may obtain a process of garnishment against any person supposed to be indebted to the defendant,