Certain enactments of 5 & 6 Vict. to the benefit of this Act until such registration; and no action shall be sustainable nor any penalty be recoverable in respect of anything done before registration. 5. THE several enactments in the said Act of the sixth year of Her present Majesty contained, with relation to keeping the register book c. 45. to apply thereby required, and the inspection thereof, the searches therein, and the to the register to be kept delivery of certified and stamped copies thereof, the reception of such under this Act. copies in evidence, the making of false entries in the said book, and the production in evidence of papers falsely purporting to be copies of entries in the said book, the application to the courts and judges by persons aggrieved by entries in the said book, and the expunging and varying such entries, shall apply to the book or books to be kept by virtue of this Act, and to the entries and assignments of copyright and proprietorship therein under this Act, in such and the same manner as if such enactments were here expressly enacted in relation thereto; save and except that the forms of entry prescribed by the said Act of the sixth year of Her present Majesty may be varied to meet the circumstances of the case, and that the sum to be demanded by the officer of the said Company of Stationers for making any entry required by this Act shall be one shilling only. Penalties on 6. IF the author of any painting, drawing, or photograph in which there infringement of shall be subsisting copyright, after having sold or disposed of such copyright, copyright. or if any other person, not being the proprietor for the time being of copyright in any painting, drawing, or photograph, shall, without the consent of such proprietor, repeat, copy, colourably imitate, or otherwise multiply for sale, hire, exhibition, or distribution, or cause or procure to be repeated, copied, colourably imitated, or otherwise multiplied for sale, hire, exhibition, or distribution, any such work or the design thereof, or, knowing that any such repetition, copy, or other imitation has been unlawfully made, shall import into any part of the United Kingdom, or sell, publish, let to hire, exhibit, or distribute, or offer for sale, hire, exhibition, or distribution, or cause or procure to be imported, sold, published, let to hire, distributed, or offered for sale, hire, exhibition, or distribution, any repetition, copy, or imitation of the said work, or of the design thereof, made without such consent as aforesaid, such person for every such offence shall forfeit to the proprietor of the copyright for the time being a sum not exceeding ten pounds; and all such repetitions, copies, and imitations made without such consent as aforesaid, and all negatives of photographs made for the purpose of obtaining such copies, shall be forfeited to the proprietor of the copyright. Penalties on fraudulent productions and sales. 7. No person shall do or cause to be done any or either of the following acts; that is to say, First, no person shall fraudulently sign or otherwise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any painting, drawing, or photograph, or the negative thereof, any name, initials, or monogram : Secondly, no person shall fraudulently sell, publish, exhibit, or dispose of, or offer for sale, exhibition, or distribution, any painting, drawing, or photograph, or negative of a photograph, having thereon the name, initials, or monogram of a person who did not execute or make such work : Thirdly, no person shall fraudulently utter, dispose of, or put off, or cause Every offender under this section shall, upon conviction, forfeit to the person 8. ALL pecuniary penalties which shall be incurred, and all such unlawful Recovery of copies, imitations, and all other effects and things as shall have been forfeited pecuniary penalties. by offenders, pursuant to this Act, and pursuant to any Act for the protection of copyright engravings, may be recovered by the person hereinbefore and in any such Act as aforesaid empowered to recover the same respectively, and herein-after called the complainant or the complainer, as follows: In England and Ireland, either by action against the party offending, or by In England summary proceeding before any two justices having jurisdiction where and Ireland. the party offending resides : In Scotland by action before the Court of Session in ordinary form, or by In Scotland. summary action before the sheriff of the county where the offence may be committed or the offender resides, who, upon proof of the offence or offences, either by confession of the party offending, or by the oath or affirmation of one or more credible witnesses, shall convict the offender, and find him liable to the penalty or penalties aforesaid, as also in expenses; and it shall be lawful for the sheriff, in pronouncing such judgment for the penalty or penalties and costs, to insert in such judgment a warrant, in the event of such penalty or penalties and Superior which any costs not being paid, to levy and recover the amount of the same by poinding Provided always, that it shall be lawful to the sheriff, in the event of his dismissing the action and assoilzieing the defender, to find the complainer liable in expenses; and any judgment so to be pronounced by the sheriff in such summary application shall be final and conclusive, and not subject to review by advocation, suspension, reduction, or otherwise. 9. In any action in any of Her Majesty's Superior Courts of Record at Westminster and in Dublin, for the infringement of any such copyright as aforesaid, it shall be lawful for the Court in which such action is pending, if the Court be then sitting, or, if the Court be not sitting, then for a judge of such Court, on the application of the plaintiff or defendant respectively, to tion, inspection, make such order for an injunction, inspection, or account, and to give such direction respecting such action, injunction, inspection, and account, and the proceedings therein respectively, as to such Court or judge may seem fit. make an order for an injunc or account. Importation of pirated works prohibited. Right to bring action for damages, &c. 10. ALL repetitions, copies, or imitations of paintings, drawings, or photographs, wherein or in the design whereof there shall be subsisting copyright under this Act, and all repetitions, copies, and imitations of the design of any such painting or drawing, or of the negative of any such photograph, which, contrary to the provisions of this Act, shall have been made in any foreign state, or in any part of the British dominions, are hereby absolutely prohibited to be imported into any part of the United Kingdom, except by or with the consent of the proprietor of the copyright thereof, or his agent authorized in writing; and if the proprietor of any such copyright, or his agent, shall declare that any goods imported are repetitions, copies, or imitations of any such painting, drawing, or photograph, or of the negative of any such photograph, and so prohibited as aforesaid, then such goods may be detained by the officers of Her Majesty's Customs. 11. If the author of any painting, drawing, or photograph, in which there shall be subsisting copyright, after having sold or otherwise disposed of such copyright, or if any other person, not being the proprietor for the time being of such copyright, shall, without the consent of such proprietor, repeat, copy, colourably imitate, or otherwise multiply, or cause or procure to be repeated, copied, colourably imitated, or otherwise multiplied, for sale, hire, exhibition, or distribution, any such work or the design thereof, or the negative of any such photograph, or shall import or cause to be imported into any part of the United Kingdom, or sell, publish, let to hire, exhibit, or distribute, or offer for sale, hire, exhibition, or distribution, or cause or procure to be sold, published, let to hire, exhibited, or distributed, or offered for sale, hire, exhibition, or distribution, any repetition, copy, or imitation of such work, or the design thereof, or the negative of any such photograph, made without such consent as aforesaid, then every such proprietor, in addition to the remedies hereby given for the recovery of any such penalties, and forfeiture of any such things as aforesaid, may recover damages by and in a special action on the case, to be brought against the person so offending, and may in such action recover and enforce the delivery to him of all unlawful repetitions, copies, and imitations, and negatives of photographs, or may recover damages for the retention or conversion thereof: Provided, that nothing herein contained, nor any pro ceeding, conviction, or judgment, for any act hereby forbidden, shall affect any remedy which any person aggrieved by such act may be entitled to either at law or in equity. 7 & 8 Vict. 12. THIS Act shall be considered as including the provisions of the Act Provisions of passed in the session of Parliament held in the seventh and eighth years c. 12. to be of Her present Majesty, intituled "An Act to amend the law relating to considered as "international copyright," in the same manner as if such provisions were part of this Act. included in this Act. CHAPTER 69. AN ACT for transferring from the Admiralty to the Board of Trade certain BE E it 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: 1. THIS Act may be cited as The Harbours Transfer Act, 1862. 2. IN this Act Short title. Interpretation The term "the Admiralty" shall be taken to mean the Lord High Admiral of terms. of the United Kingdom for the time being, or the Commissioners for the time being for executing the office of Lord High Admiral; and when the said term is used in reference to any other Act, it shall be taken to comprise any term whatsoever used in such other Act to designate such Lord High Admiral or Commissioners : The term "the Board of Trade" shall be taken to mean the Lords of the Committee of Privy Council for the time being appointed for the consideration of matters relating to trade and foreign plantations. Peliminary Inquiries Act, 1851. powers under 3. WHENEVER after the end of the present session of Parliament application Board of Trade is made to Parliament for any such Bill as is described in the Preliminary may exercise Inquiries, Act, 1851, the Board of Trade may exercise the powers by that Act 14 & 15 Vict. given to the Admiralty; and in relation to every such Bill that Act shall be read as if the Board of Trade were therein named instead of the Admiralty. 4. PROVIDED always, as follows: 1 c. 49. to inform schemes. (1.) In each year as soon as may be, and not more than fourteen days after Board of Trade the deposit at the office of the Board of Trade of such documents as Admiralty may be required by the standing orders of either House of Parlia- of pending ment to be there deposited with reference to such Bills as aforesaid, the Board of Trade shall furnish to the Admiralty a list of all such Bills for which applications to Parliament may be then pending, with a short statement of the nature of the works for the construction whereof powers are sought by such Bills respectively: (2.) Where in any case, on consideration of the information so furnished, the Admiralty are of opinion that it is proper for them to take steps for the protection of the interests of Her Majesty's Naval Service, they Admiralty may where necessary for intervene may exercise the powers given to them by the Preliminary Inquiries Act, 1851, as if this Act had not been passed, and whether the standing orders of either House of Parliament may or may not have required any documents to be deposited at the Admiralty Office. Harbours, Docks, and Piers Clauses Act, 1847. 5. WITH respect to any special Act that may be passed after the end of the present session of Parliament, the following sections of the Harbours, Docks, and Piers Clauses Act, 1847, and all provisions relative thereto in that Act or in any such future special Act contained, shall be read and construed as if the Board of Trade were named in the said sections instead of the Admiralty; namely, sections twelve, thirteen, sixteen, eighteen, and nineteen. Railways Clauses Consolidation Acts, 1845. 6. WITH respect to any special Act that may be passed after the end of the present session of Parliament, section seventeen of the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845, respectively, and all provisions relative thereto in the said Acts or in any such future special Act contained, shall be read and construed as if the Board of Trade were named in the said sections instead of the Admiralty. Tramways (Ireland) Act, 1860. 7. WITH respect to applications made after the thirty-first day of December one thousand eight hundred and sixty-two, under the Tramways (Ireland) Act, 1860, section forty-one of that Act shall be read as if the Board of Trade were therein named instead of the Admiralty. Special Acts for Railways, Harbours, &c. 8. WHERE any special or local or local and personal Act, or Act of a local or local and personal nature, already passed or to be passed before the end of the present session of Parliament, (1.) Authorizing or regulating the construction of a railway, or the execution of any work whatever, situate on or affecting tidal lands, or the shore of the sea or of any navigable river, where and so far up the same as the tide flows and reflows; or, (2.) Authorizing or regulating the construction or improving of a harbour, dock, or pier, or works connected therewith, by any company, body corporate, commissioners, trustees, undertakers, persons or person; or, (3.) Constituting or altering or regulating the constitution of any harbour or conservancy authority; or, (4) Altering or regulating the powers or duties of any harbour or conser vancy authority,— contains either expressly or by incorporation or reference or otherwise any provision for any of the purposes following: For preventing the construction or execution of any work or the doing of any thing without the consent or approval of the Admiralty, or for authorizing or requiring any work to be constructed, executed, or maintained, or any thing to be done with the consent or on the requisition or to the satisfaction of the Admiralty: |