of entry prescribed by the said Act of the 6th year of Her present Majesty and 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 18. only.

VI. If the author of any painting, drawing, or photograph in which there shall be subsisting copyright, after having sold or disposed of such 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 à sum not exceeding 107.; 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.

VII. No person shall do or cause to be done any or either of the following acts; that is to say,

1st. No person shall fraudulently sign or otherwise affix, or fraudently cause to be signed or otherwise affixed, to or upon any painting, drawing, photograph, or the negative thereof, any name, initials, or monogram:

2ndly. 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:

3rdly. No person shall fraudulently utter, dispose of, or put off, or cause to be uttered or disposed of, any copy or colourable imitation of any painting, drawing, or photograph, or negative of a photograph, whether there shall be subsisting copyright therein or not as having been made or executed by the author or maker of the original work from which such copy or imitation shall have been taken : Fourthly. Where the author or maker of any painting, drawing,

or photograph, or negative of a photograph, made either before or after the passing of this Act, shall have sold or otherwise parted with the possession of such work, if any alteration shall afterwards be made therein by any other person, by addition or otherwise, no person shall be at liberty, during the life of the author or maker of such work, without his consent, to make or knowingly to sell or publish, or offer for sale, such work or any copies of such work so altered as aforesaid, or of any part thereof, as or for the unaltered work of such author or maker:

Every offender under this section shall, upon conviction, forfeit to the person aggrieved a snm not exceeding 107. or not exceeding double the full price, if any, at which all such copies, engavings, imitations, or altered works shall have been sold or offered for sale; and all such copies, engravings, imitations, or altered works shall be forfeited to the person, or the assigns or legal representatives of the person, whose name, initials, or monogram shall be so fraudulently signed or affixed thereto, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid: provided always, that the penalties imposed by this section shall not be incurred unless the person whose name, initials, or monogram shall be so fraudulently signed or affixed, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within 20 years next before the time when the offence may have been committed.

V III. All pecuniary penalties which shall be incurred, and all such unlawful copies, imitations, and all other effects and things as shall have been forfeited by offenders, pursuant to this Act, and pursuant to any Act for the protection of copyright engravings, may be recovered by the person herein before and in any such Act as aforesaid empowered to recover the same respectively, and hereinafter called the complainant or the complainer, as follows:

In England and Ireland, either by action against the party offending, or by summary proceeding before any two justices having jurisdiction where the party offending resides:

In Scotland, by action before the Court of Session in ordinary form, or by 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 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.

IX. 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 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.

X. 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.

XI. 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 and conversion thereof: provided that nothing herein contained, nor any proceeding, 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.

XII. This Act shall be considered as including the provisions of the Act passed in the session of Parliament held in the 7th and 8th years of her present Majesty [cap. 12*], intituled "An Act to amend the Law relating to International Copyright," in the same manner as if such provisions were part of this Act.

ACT of the British Parliament, for giving effect to the Convention between Her Majesty and the King of Denmark, of April 15, 1862,† for the mutual Surrender of Criminals.

[25 & 26 Vict. cap. 70.]

[July 29, 1862.]

WHEREAS a Convention between Her Majesty and the King of Denmark for the mutual surrender of Criminals, in the words and figures set forth in the schedule hereto, was signed at London on the 15th day of April, 1862,† and the ratifications thereof were exchanged at London on the 27th day of May, 1862: and whereas it is expedient that provision should be made for carrying the said Convention into effect: 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:

I. The term " magistrate" in this Act shall mean a justice of the peace or any other person or court in the United Kingdom, the Channel Islands, or any other part of Her Majesty's dominions, having power to commit for trial persons accused of crimes against the law of that part of Her Majesty's dominions in which any offender liable to be delivered up under this Act is found.

II. Where requisition has been made pursuant to the said Convention, in the name of His Majesty the King of Denmark by his † Page 27.

* Vol. XXXIV. Page 1128.

Ambassador or other accredited diplomatic agent, to deliver up to justice any person, who, being accused or convicted of any crime for which such person is liable to be delivered up in pursuance of the said Convention, is found within the dominions of Her Majesty, it shall be lawful for one of Her Majesty's Principal Secretaries of State, by warrant under his hand and seal, to signify that such requisition has been made, and to require all magistrates within their several jurisdictions to govern themselves accordingly, and to aid in apprehending the person so accused or convicted, hereinafter referred to as the fugitive, and in committing him to gaol for the purpose of his being delivered up to justice according to the provisions of the said Convention:

Upon the issue of any such warrant as aforesaid, it shall be lawful for any magistrate acting within the limits of his jurisdiction, to issue his warrant for the apprehension of the said fugitive, and to commit him to gaol, there to remain until delivered up pursuant to such requisition as aforesaid; provided that the following conditions are complied with before the warrant is issued by the magistrate:

1stly. That in the case of a fugitive accused of crime it is proved to the satisfaction of the magistrate, upon oath or by affidavit, that the party applying to him for a warrant is the bearer of a warrant of arrest or other equivalent judicial document for the arrest of the said fugitive issued by a judge or magistrate duly authorized to take cognizance of the acts charged against the fugitive in Denmark, and clearly setting forth, in the opinion of the magistrate to whom the application for a warrant under this Act is made, the acts in respect of which the original warrant was issued;

2ndly. That in the case of a person accused such evidence is produced to the magistrate as, according to the laws of the part of Her Majesty's dominions in which the magistrate is acting, would in his opinion justify the apprehension and committal for trial of the fugitive if the crime of which he is accused had been there committed, with this qualification, that depositions or statements on oath, certified under the hand of the magistrate by whom the original warrant was issued and attested by the oath of the party producing them to be the original depositions or statements, or true copies thereof, may be received in evidence of the criminality of the fugitive apprehended;

3rdly. That in the case of a fugitive convicted of crime an authenticated copy of the conviction is produced and proof of the identity of the person convicted is given to the satisfaction of the magistrate;

Where any person liable to be delivered up in pursuance of the said Convention is found in Ireland, a warrant under the hand of the Chief Secretary or of the Lord Lieutenant of Ireland shall for