on the hearing of the said petition, annul the declaration and order the certificate or certificates to be given up to be cancelled, or may make such variations therein as it may deem just, and may, if it shall think fit, also direct the registry thereof, if made, to be cancelled; but no proceeding on any such petition shall prejudice or affect the title of any person who before any such annulling or variation shall have acquired a title under the said declaration as a purchaser for valuable consideration of the said land or of any estate or interest therein. with land until 32. THE Court may, on the hearing of any such last-mentioned petition, Court may make any order which it may deem just, restraining the person who has prevent dealing obtained the declaration, and all persons claiming by, through, from, or under petition dishim otherwise than as a purchaser for valuable consideration, from in any manner dealing with the said land until such petition shall have been disposed of. posed of. 33. ALL proceedings on any such petition shall be liable to the same right Proceedings on of appeal as in the case of petitions presented before such declaration of title petition liable to right of was made. appeal. 34. THE Court shall have power to order costs either as between party and Power to Court party or as between solicitor and client to be paid by and to any person, party to order costs. to any proceeding under this Act, and to give directions as to the fund out of which such costs shall be paid. lands to invest 35. AND whereas it may happen that at the time of making such declaration of title as aforesaid there may be estates, rights, or interests in the land which may not be saved by the declaration; and the persons entitled to such estates, rights, or interests may be damnified by the subsequent alienation of the land for valuable consideration: Be it therefore enacted, that all money Person alienreceived by the person so alienating shall be deemed to have been received by ating trust him in trust to invest the same in the purchase of lands to be settled to the uses and on the trusts to and on which the lands so alienated stood limited at the time of such alienation: Provided always, that this clause shall not be deemed to impose any liability on any person who may have received any money on such alienation as a trustee, so far as relates to money which he may have duly applied in execution of the trusts reposed in him. proceeds in purchase of lands to be settled to like uses. women. 36. WHERE any married woman is desirous of making any application, Provision as giving any consent, or doing any act, or becoming party to any proceeding to married under this Act, her husband's concurrence shall be required, and she shall be examined apart from her husband touching her knowledge of the nature and effect of the application or other act, and it shall be ascertained that she is acting freely and voluntarily; and such examination may be taken by the Court or such persons as are authorized to take acknowledgments of deeds by married women under the Act of the session holden in the third and fourth years of King William the Fourth, chapter seventy-four, "for the abolition of 3 & 4 Will. 4. "fines and recoveries, and for the substitution of more simple modes of " assurance"; and the form and manner in which such examination shall be certified to the Court shall be determined by the general rules and orders to be made under this Act: Provided always, that a married woman entitled to her separate use, and not restrained from anticipation, shall for the purposes of this Act be deemed a feme sole. c. 74. Provision for other persons under disability. Proceedings not to abate by death, &c. Register of estates, titles, 37. WHERE any person who (if not under disability) might have made any application, given any consent, done any act, or been party to any proceeding under this Act, is a minor, idiot, or lunatic, the guardian or committee of the estate respectively of such person may make such applications, give such consents, do such acts, and be party to such proceedings, as such person respectively, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of this Act: Provided always, that where there is no guardian or committee of the estate of any such person as aforesaid, being infant, idiot, or lunatic, or where any person, the committee of whose estates if he were idiot or lunatic would be authorized to act for and represent such person under this Act, is of unsound mind or incapable of managing his affairs, but has not been found idiot or lunatic under an inquisition, it shall be lawful for the Court to appoint a guardian of such person for the purpose of any proceedings under this Act, and from time to time to change such guardian. 38. PROCEEDINGS under this Act shall not abate or be suspended by any death or transmission or change of interest; but in any such case of death or transmission or change of interest it shall be lawful for the Court, where it sees fit, to require notices to be given to persons becoming interested, or to make any order for discontinuing, suspending, or carrying on the proceedings, or otherwise in relation thereto, which to the Court may appear just. 39. A register shall be kept in such place as the Lord Chancellor shall &c. to be kept. appoint, wherein any person having or claiming to have any estate, right, title, or interest in or to any land, or having or claiming to have any incumbrance thereon, shall be at liberty to enter his name and address, with the name of the county, parish, and township in which such land is situated, in such form as the Chancellor shall order; and when any person shall have made such entry the Court shall not make an order under this Act unless it is satisfied, after such evidence as it shall think sufficient, that notice of the application for such order has been given to such person as shall have made such entry in a reasonable time before such order is actually made. Power to Lord Chancellor, &c. to make rules and orders. Court of adopt rules in Power to Lord Chancellor to appoint additional clerks. 40. THE Lord Chancellor, with the advice and assistance of the Master of the Rolls, the Lords Justices of the Court of Appeal in Chancery, and the Vice-Chancellors, or of any three of them, shall from time to time make such general rules and orders as he may see fit for carrying the purposes of this Act into effect, and for regulating the times and form and mode of procedure, and of giving notices, and generally the practice of the Court in respect of the matters to which this Act relates; and such rules and orders may from time to time be rescinded or altered by the like authorities respectively; and all such rules and orders shall take effect as general orders of the Court. 41. UNTIL any general rules and orders shall be framed under the last preceding section, the rules and orders set forth in the schedule hereto annexed shall be taken to be rules and orders of the Court of Chancery; but the same shall be liable to be rescinded or altered as if they had been made by the Lord Chancellor, with such advice and assistance as in the last preceding section is mentioned. 42. It shall be lawful for the Lord Chancellor from time to time to appoint such additional clerks as to him may seem necessary for enabling the Court duly to execute the duties imposed on it; and every such additional clerk such salary as the Lord Chancellor, with the consent of the Lords of the Treasury, may think proper. shall receive orders to be 43. ALL general rules and orders made as aforesaid, including all orders for Rules and the appointment of any additional clerks, shall, immediately after the making laid before and issuing thereof, be laid before both Houses of Parliament, if Parliament be Parliament. then sitting, or, if Parliament be not then sitting, within twenty-one days after the next meeting thereof; and it shall be lawful for either House of Parliament, by any resolution passed within six weeks after such rules or orders have been laid before it, to resolve that the same or any part thereof ought not to continue in force; and thereupon the same shall cease to be binding. Penalty on making false statement and suppression of evidence. deeds and 44. IF in the course of any proceeding before the Court under this Act any person acting either as principal or agent shall knowingly and with intent to deceive make or assist or join in or be privy to the making of any material false statement or representation, or suppress, conceal, or assist or join in or be privy to the suppressing, withholding, or concealing from the Court any material document, fact, or matter of information, every person so acting shall be deemed to be guilty of a misdemeanor, and on conviction shall be liable to be imprisoned for a term not exceeding three years, and either with or without hard labour, or to be fined such sum as the Court by which he is convicted shall award: The order or declaration of title obtained by means of Order to be such fraud or falsehood shall be null and void for or against all persons other than a purchaser for valuable consideration without notice. void. fraudulent alterations, &c. 45. IF in the course of any proceeding before the Court under this Act any Penalty on person shall fraudulently forge or alter or assist in forging or altering any certificate or other document relating to such land or to the title thereof, or shall fraudulently offer, utter, dispose of, or put off any such certificate or other document, knowing the same to be forged or altered, such person shall be guilty of felony, and upon conviction shall be liable, at the discretion of the Court by which he is convicted, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for a term not exceeding two years, with or without hard labour, and with or without solitary confinement. to affect civil 46. No proceeding or conviction for any act hereby declared to be a Conviction not misdemeanor shall affect any remedy which any person aggrieved by such act remedy. may be entitled to, either at law or in equity, against the person who has committed such act. 47. NOTHING in this Act contained shall entitle any person to refuse to Act not to make a complete discovery by answer to any bill in equity, or to answer any exclude oblig question or interrogatory in any civil proceeding, in any court of law or discovery. equity, or in the Court of Bankruptcy; but no answer to any such bill, question, or interrogatory shall be admissible in evidence against such person in any criminal proceeding. of terms. 48. IN the construction of this Act (except where the context or other Construction provisions of the Act require a different construction) the word "person" shall "Person": include a body politic or corporate; the word "possession" shall include « Possession": receipt of the rents and profits; and the word "land" shall not include any "Land." incorporeal hereditaments, but shall include all corporeal tenements and hereditaments not expressly excepted. VOL. XIV. L Extent of Act. Short title. 49. THIS Act shall relate to England only, and shall come into operation on the first day of January one thousand eight hundred and sixty-three, and may be cited as "The Declaration of Title Act, 1862." SCHEDULE. 1. EVERY petition for a declaration of title shall contain an exact description in their actual state of the lands as to which the declaration is sought, stating particularly the boundaries thereof, and the lands on which the same and every part thereof abut, and, so far as conveniently may be, the names and descriptions of the owners and occupiers of such last-mentioned lands. 2. On the investigation of the title to the lands as to which the declaration is sought, the identity of the lands described in the petition, with the parcels as described in the title deeds, shall be established by affidavit or otherwise, as the Court may deem just. 3. The Court may, if it shall deem it necessary or proper, require the petitioner to lodge in Court a map or plan of the lands in question. 4. The petitioner, after obtaining the order for a declaration of title, shall cause a copy thereof, together with the description of the lands in question, with any engraved or lithographed plan thereof (if any exists), to be served on every adjoining occupier and owner, or on such of them and on such other persons (if any) as the Court may direct to be so served. 5. He shall also cause a copy or copies thereof to be deposited in some office or place, offices or places, to be appointed by the Court on or near to the lands in question, to be accessible at all reasonable times to all persons desirous of examining the same; and notice of every such deposit shall be affixed in some public place or places on or near to the lands in question. 6. Every such copy served on any adjoining occupier or owner, or deposited as aforesaid, shall state that any person wishing to show cause against the making of the proposed declaration may do so by presenting a petition in a summary way to the Court of Chancery at any time before the day appointed for making the proposed declaration. 7. The petitioner, after such deposit shall have been made, shall cause advertisements to be inserted three times at least in such newspapers on such days as the Court shall direct, stating the said order, and stating also where any copy has been so deposited for inspection. 8. Unless the last of such advertisements is made within four weeks next after the date of the order, the time thereby fixed for showing cause against the same shall be enlarged for one calendar month, or such further time as the Court shall direct. CHAPTER 68. AN ACT for amending the Law relating to Copyright in Works of the Fine [29th July 1862.] WHEREAS by law, as now established, the authors of paintings, drawings, and photographs have no copyright in such their works; and it is expedient that the law should in that respect be amended: Be it therefore enacted by the Queen'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, as follows: to vest in the seven years 1. THE author, being a British subject or resident within the dominions of Copyright in paintings, &c. the Crown, of every original painting, drawing, and photograph which shall hereafter be or shall have been made either in the British dominions or elsewhere, and made or sold which shall not have been sold or disposed of before the commencement of this author for his Act, and his assigns, shall have the sole and exclusive right of copying, life and for engraving, reproducing, and multiplying such painting or drawing, and the after his death. design thereof, or such photograph, and the negative thereof, by any means and of any size, for the term of the natural life of such author, and seven years after his death; provided, that when any painting or drawing, or the negative of any photograph, shall for the first time after the passing of this Act be sold or disposed of, or shall be made or executed for or on behalf of any other person for a good or a valuable consideration, the person so selling or disposing of or making or executing the same shall not retain the copyright thereof, unless it be expressly reserved to him by agreement in writing, signed, at or before the time of such sale or disposition, by the vendee or assignee of such painting or drawing, or of such negative of a photograph, or by the person for or on whose behalf the same shall be so made or executed, but the copyright shall belong to the vendee or assignee of such painting or drawing, or of such negative of a photograph, or to the person for or on whose behalf the same shall have been made or executed; nor shall the vendee or assignee thereof be entitled to any such copyright, unless, at or before the time of such sale or disposition, an agreement in writing, signed by the person so selling or disposing of the same, or by his agent duly authorized, shall have been made to that effect. #1 2. NOTHING herein contained shall prejudice the right of any person to Copyright not to prevent the copy or use any work in which there shall be no copyright, or to represent representation any scene or object, notwithstanding that there may be copyright in some of the same representation of such scene or object. subjects in other works. estate. 3. ALL copyright under this Act shall be deemed personal or moveable Copyright to estate, and shall be assignable at law; and every assignment thereof, and be personal every licence to use or copy by any means or process the design or work which Assignments, shall be the subject of such copyright, shall be made by some note or memo- licences, &c. to be in writing. randum in writing, to be signed by the proprietor of the copyright, or by his agent appointed for that purpose in writing. drawings, and photographs to Stationers 4. THERE shall be kept at the hall of the Stationers Company, by the Register of officer appointed by the said Company for the purposes of the Act passed in proprietors of copyright in the sixth year of Her present Majesty, intituled "An Act to amend the law paintings, " of copyright," a book or books, entitled "The Register of Proprietors of Copyright in Paintings, Drawings, and Photographs," wherein shall be be kept at entered a memorandum of every copyright to which any person shall be Hall by the entitled under this Act, and also of every subsequent assignment of any such officer appointed for the copyright; and such memorandum shall contain a statement of the date of purposes of such agreement or assignment, and of the names of the parties thereto, and of the name and place of abode of the person in whom such copyright shall be vested by virtue thereof, and of the name and place of abode of the author of the work in which there shall be such copyright, together with a short description of the nature and subject of such work, and in addition thereto, if the person registering shall so desire, a sketch, outline, or photograph of the said work; and no proprietor of any such copyright shall be entitled 5 & 6 Vict. c. 45. |