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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics online

. (page 60 of 70)
Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 60 of 70)
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gress." And he shall give copy of the title or description, under the seal
of the librarian of Congress, to said proprietor, whenever he shall re-
quire it.

SECT. 92. And be it further enacted, That, for recording the title or de-
scription of any copyright book or other article, the librarian of Congress
shall receive from the person claiming the same, fifty cents; and for every
copy under seal, actually given to such person, or his assigns, fifty cents ;
and for recording any instrument of writing for the assignment of a copy-
right, fifteen cents for every one hundred words ; and for every copy there-
of, ten cents for every one hundred words ; which moneys so received, shall
be paid into the treasury of the United States.

SECT. 93. And be it farther enacted. That the proprietor of every copy-
right book or other article shall mail to the librarian of Congress at
Washington, within ten days after its publication, two complete printed
copies thereof, of the best edition issued, or description or photograph of
such article as hereinbefore required, and a copy of every subsequent edi-
tion wherein any substantial changes shall be made.

SECT. 94. And be it further enacted, That, in default of such deposit in
the post office, said proprietor shall be liable to a penalty of twenty-five
dollars, to be collected by the librarian of Congress, in the name of the
United States, in an action of debt in any district court of the United
States within the jurisdiction of which the delinquent may reside, or be
found.

SECT. 95. And b it farther enacted, That any such copyright book or
other article may be sent to the librarian of Congress by mail, free of
postage, provided the words "copyright matter" are plainly written or
printed on the outside of the package containing the same.

SECT. 96. And be it farther enacted, That the postmaster to' whom such
copyright book, title, or other article is delivered, shall, if requested, give a
receipt therefor ; and, when so delivered, he shall mail it to its destination
without cost to the proprietor.

SECT. 97. And be it further enacted, That no person shall maintain an
action for the infringement of his copyright, unless he shall give notice
thereof by inserting in the several copies of every edition published, on the
titlepage or the page immediately following, if it be a book ; or if a map,
chart, musical composition, print, cut, engraving, photograph, painting,
drawing, chromo, statue, statuary, or model or design intended to be pre-
fected and completed as a work of the fine arts, by inscribing upon some
portion of the face or front thereof, or on the face of the substance on
which the same shall be mounted, the following words : viz., " Entered, ac-



THE LAW OF COPYRIGHT.

cording to Act of Congress, in the year , by A. B., in the Office of the

Librarian of Congress, at Washington."

SECT. 98. And be it further enacted, That if any person shall insert or
impress such notice, or words of the same purport, in or upon any book,
map, chart, musical composition, print, cut, engraving, or photograph, or
other articles herein named, for which he has not obtained a copyright,
every person so offending shall forfeit and pay one hundred dollars ; one
moiety thereof to the person who shall sue for the same, and the other to
the use of the United States, to be recovered by action in any court of
competent jurisdiction.

SECT. 99. And be it further enacted, That if any person, after the re-
cording of the title of any book as herein provided, shall, within the term
limited, and without the consent of the proprietor of the copyright first
obtained in writing, signed in presence of two or more witnesses, print,
publish, or import, or knowing the same to be so printed, published, or im-
ported, shall sell, or expose to sale, any copy of such book, such offender
shall forfeit every copy thereof to said proprietor, and shall also forfeit and
pay such damages as may be recovered in a civil action by 'such proprietor
in any court of competent jurisdiction.

SECT. 100. And be it further enacted, That if any person, after the re-
cording of the title of any map, chart, musical composition, print, cut, en-
graving, or photograph, or chromo, or of the description of any painting,
drawing, statue, statuary, or model or design intended to be perfected and
executed as a work of the fine arts, as herein provided, shall within the
term limited, and without the consent of the proprietor of the copyright,
first obtained in writing, signed in presence of two or more witnesses, en-
grave, etch, work, copy, print, publish, or import, either in whole or in part,
or by varying the main design with intent to evade the law, or knowing
the same to be so printed, published, or imported, shall sell, or expose to sale,
any copy of such map or other article, as aforesaid, he shall forfeit to the
said proprietor all the plates on which the same shall be copied, and every
sheet thereof either copied or printed, and shall furtker forfeit one dollar
for every sheet of the same found in his possession, either printing, print-
ed, copied, published, imported, or exposed for sale ; and in case of a paint-
ing, statue, or statuary, he shall forfeit ten dollars for every copy of the
same in his possession, or which have by him been sold, or exposed for sale ;
one moiety thereof to the proprietor, and the other to the use of the United
States, to be recovered by action in any court of competent jurisdiction.

SECT. 101. And be it further enacted, That any person publicly perform-
ing or representing any dramatic composition for which a copyright has
been obtained, without the consent of the proprietor thereof, or his heirs or
assigns, shall be liable for damages therefor, to be recovered by action in
any court of competent jurisdiction ; said damages, in all cases, to be as-
sessed at such sum, (not less than one hundred dollars for the first, and fifty
dollars for every subsequent performance,) as to the court shall appear to be
just.

SECT. 102. And be it further enacted, That any person who shall print
or publish any manuscript whatever, without the consent of the author or



THE LAW OF COPYEIGHT. 595

proprietor first obtained (if such author or proprietor be a citizen of the
United States, or resident therein), shall be liable to said author or propri-
etor for all damages occasioned by such injury, to be recovered by action
on the case in any court of competent jurisdiction.

SHOT. 103. And be it further enacted, That nothing herein contained
shall be construed to prohibit the printing, publishing, importation, or sale
of any book, map, chart, dramatic or musical composition, print, cut, en-
graving, or photograph, written, composed, or made by any person not a
citizen of the United States, nor resident therein.

SECT. 104. And be it further enacted, That no action shall be main-
tained in any case of forfeiture or penalty under the copyright laws, unless
the same is commenced within two years after the cause of action has
arisen.

SECT. 105. And be it further enacted, That, in all actions arising under
the laws respecting copyrights, the defendant may plead the general issue,
and give tbe special matter in evidence.

SECT. 106. And be it further enacted, That all actions, suits, controver-
sies, and cases arising under the copyright laws of the United States, shall
be originally cognizable, as well in equity as at law, whether civil or penal
in their nature, by f the circuit courts of the United States, or any district
court having the jurisdiction of a circuit court, or in the supreme court of
the District of Columbia, or any Territory. And the court shall have
power, upon bill in equity filed by any party aggrieved, to grant injunc-
tions to prevent the violation of any right secured by said laws, according
to the course and principles of courts of equity, on such terms as the court
may deem reasonable.

SECT. 107. And be it further enacted, That a writ of error or appeal to
the Supreme Court of the United States shall lie from all judgments and
decrees of any court, in any action, suit, controversy, or case touching copy-
rights, in the same manner, and under the same circumstances, as in other
judgments and decrees of such courts, without regard to the sum or value
in controversy.

SECT. 108. And be it further enacted, That in all recoveries under the
copyright laws, either for damages, forfeitures, or penalties, full costs shall
be allowed thereon.

SECT. 109. And be it further enacted, That all books, maps, charts, and
other publications of every nature whatever, heretofore deposited in the
Department of the Interior, according to the laws regulating copyrights,
together with all the records of said department, and all records concerning
the same which were removed by the Department of the Interior from the
Department of State, shall be removed to and be under the control of the
librarian of Congress, who is hereby charged with all the duties pertain-
ing to copyrights required by law.

SECT. 110. And be it further enacted, That the clerk of each of the dis-
trict courts of the United States shall transmit forthwith to the librarian
of Congress, all books, maps, prints, photographs, music, and other publi-
cations of every nature whatever deposited in said clerk's office, and not
heretofore sent to the Department of the Interior at Washington, together



596 THE LAW OF COPYRIGHT.

with the records of copyright in his possession, including the titles so re-
corded and the dates of record. Provided, That where there 'are duplicate
copies of legal, scientific, or mechanical works, one copy of each may be
deposited in the library of the patent office, for which a receipt shall be
given by the commissioner of patents to the librarian of Congress.

I subjoin two forms of agreement between authors holding copy-
rights, with publishers, for the publication of the book. Every such
agreement must express the particular terms of that bargain ; but
the following may serve as general guides. I add a form of assign-
ment of copyright :

(201.)
Agreement between Author and Publisher : short Form.

This agreement, made this day of in the year

18 , by and between (name of author) and (name of publisher)

witnessed! 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 rapid-
ly as practicable, and to sell to the same (name of the publisher) for the sum
of dollars, to be paid as hereinafter mentioned, tbe exclusive
rigbt 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.

And tbe said (name of publisher) hereby agrees and promises to publish

said edition of copies, and to pay to said (name of author)

the said sum of , dollars, by their promissory, negotiable notes,

payable at average credit of months from the day of publication of

said edition ; and also to give bim copies of said work, for presentation.

"Witness Our hands, in duplicate, this day of

{Signature of author.)
{Signature of publisher.)

(202.)
Agreement between Author and Publishers : fuller Form.

Articles of Agreement, Made this day of

A.D. 186 by and between of the first part, and

of State of booksellers

and publishers, of the second part, witnesseth, That the said (name of the



AGREEMENT BETWEEN AUTHOR AND PUBLISHES. 597

author) in consideration of the agreements of the said (name of publisher*)

hereinafter contained, hereby agrees with them and their representatives and
assigns that he will deliver to them on or before the day of

A.D. 186 the manuscript of a book now in course of preparation by him, to be
entitled said manuscript to bo properly prepared for the

press, and to be sufficient in amount for volume of not less than

pages, 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 re-
newals 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 thi-t,
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 other-
wise, any thing which may injure or interfere with the sale of the aforesaid book.

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

copies, of wliich they will deliver to the said

author for his own use without charge ; that they will subsequently, from time to
tune, 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 pur-
jose of obtaining reviews and notices, or otherwise to promote the sale of s:iid
bjok), which said sum shall be paid as follows (state the manner and times of pay-
men' as Iry co>-A or notes)

but from any sum so to be paid as aforesaid shall first be



598 THE LAW OF COPYRIGHT.

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 tht.
portion altered or corrected is in type.

In Witness Whereof, The said parties have hereto, and to another instni
ment of like tenor, set their hands the day and year first above written.

(Signature of author.)

(Signature of publishers.}
(Witnesses.')



(203.)
An Assignment of a Copyright.

To all whom it may Concern : Whereas I (name of assignor')

of in the County of and State of

did obtain a copyright from the United States for a work entitled
and the certificate of said copyright bears date A.D. eighteen

hundred and

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, ffc.) 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 day of in the year of our Lord one

thousand eight hundred and

(Signature.) (Seal.)

Sealed and Delivered in Presence of






RECOVERY AND COLLECTION OF DEBTS. 599



CHAPTER XXXV.

PROVIDED FOR THE RECOVERY A.NO

OF r>EBT8.



It Arrest and Imprisonment In eight States, no person can
be arrested or imprisoned for debt. These are Virginia, Maryland,
North Carolina, Mississippi, Florida, Wisconsin, Arkansas, and
Texas. 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 per-
sonal, 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 wages or services, or money loaned, or goods sold, or some-
thing else ; and this B gets by suing A, not with a common writ,
but with a trustee writ, so called, in which ha declares that B is the
trustee of A, for property, <fec.; and on this writ, if B recovers pay-
ment 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 belong-



600 RECOVERY AXI> COLLECTION OP DEBTS

ing to A, and that he does not owe A any thing. And then tho
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
lie 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 tho
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.

3. The Homestead, In most of the States, a homestead is
protected from creditors, and exempted from all attachment or ex-
ecution, excepting in some States for taxes, or wages of labor to a
certain amount. In the Abstract of the Law of Husband and Wife,
already given on pages 17 to 38, a brief statement of the quantities
and values of the homesteads exempted from sale on execution in
the several States, is also given. This is stated in that connection,
because the principal purpose of these homestead exemptions seems
to be the protection of the wife and family.

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 addi-
tional requirement, that the description and location of it should be
put oil 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 tho militia, the family burying-vault and
gravestones, a team or yoke of oxen, bees with their hives and honey,
a boat for fishing*, <fcc., are exempted. The 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.



LIENS OF MECHANICS AND MATERIAL MEN. 601



CHAPTER XXXVI.



LIENS OF MECHANICS -AJVO MA.TEHIAJL.
BEEN FOR T-tUEIR, WAGES



IN nearly all our States there are now some provisions for
securing to mechanics, and to persons supplying materials (who
are called " material men "), their wages and pay for their mate-
rials, by means of liens, as they are called in law. A lien is a hold
upon or a valid claim against property. This means that every
mechanic employed upon a house, and, in most of the States, upon
a vessel, and in some upon any property whatever, as a railroad or
canal, either in the construction or repair of it, has a lien upon the
property on which he has labored or for which he has supplied
materials, for the amount of his wages and the price of his mate-
rials. This lien or claim he has for a certain time ; and during that
time he may either sue for his wages, and make an attachment of
the property, or, in some States, file a petition with the proper
court ; and in either may have the property sold to pay his wages,
unless the owner redeems it.

The reason of these precautions is obvious enough. The purpose
of the law is to assist and protect the mechanic, or material man,
but not to enable him to commit a fraud or do an injury to his
neighbors. And it would be an injury to a man to let him buy a house
and pay full price for it, and then tell him that the mechanics who
built it had a lien (which is much the same in effect as a mortgage)
upon the house, without his knowing any thing about it. And it
would bo an injury to an owner, who had contracted with the
master-workman to repair or change his house at great expense, to
settle with this master-workman in due time, and pay him the full
amount of his bill, without any notice to the owner that he was
under an obligation to pay again for all the labor spent upon his
house, or let the house go on execution.



602 LIENS OF MECHANICS AND MATERIAL MEN.

Of all these laws or the recovery of debts, and the enforcement
of the liens of mechanics, the provisions now in force are quite
recent. Only of late years has imprisonment for debt been greatly
mitigated or removed, and the trustee or garnishee process made
what it now is, exceedingly convenient and useful. The homestead
law and the lien law, though now so widely spread, are a modern
invention, or, at least, of modern introduction. The effect of this
recent origin is twofold. First, important practical questions still
exist as to their construction, application, and effect, which only
time can solve. Secondly, there is not only no general agreement
as to their details, but, to all appearance, no permanent contentment
with 'these details anywhere. The statutes on these subjects
undergo very frequent changes of all degrees of importance, and
we have no reasonable assurance, anywhere, that precisely what is
law to-day will be law in the same place to-morrow.

I have thought it best, therefore, not to attempt to give all those
statutory provisions of the several States in detail. Such a thing
might be much worse than useless if it led to conduct grounded on
a mistaken belief that the law of one time is just what it is at
another. Nothing more has been attempted, therefore, than this.
First, to give a general and accurate view of all those principles of
the laws relating to creditor and debtor which are now generally
agreed upon, and may be regarded as probably permanent.
Secondly, to give such information as may be depended upon, to
those who are caught in an emergency where they cannot at once
seek counsel, or for any reason will not, and who may here be told,
in general, how the law stands in relation to them. Thirdly, to
indicate distinctly to the mechanic what rights he may possess and
what securities he may hold, and how he may lose the rights and



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 60 of 70)