of the title page of the book before it has been published, and two copies of the complete book when it is published. No examination is made, as in the case of patents.

4. What may be Copyrighted.-Books are the most frequent subjects of copyright, but maps, charts, engravings, musical compositions, etc., may be protected in the same way.

5. Sale. The sale of the copyrighted book carries with it the right to use and to sell that particular book forever. The copyright may also be sold, and that carries with it the right to publish and sell any number of copies of the book.

6. Infringement is the making or selling of the copyrighted article without the permission of the owner of the copyright. Its consequences are substantially the same as in the case of patents (p. 192), viz., the liability to be sued for damages by the owner of the copyright, and to be ordered by the court to cease printing the article.

7. Foreign Works.-The books of authors not residing in this country cannot be copyrighted here. Thus any one may publish or sell here the work of an English author without his permission.

8. Mark. Each copyrighted article must be marked "copyright," so that all people may have notice that it is copyrighted. In a book this must be printed upon the title page or the page following.

CHAPTER XLI.

TRADE-MARKS.

1. A Trade-Mark is a device or name used by a merchant or manufacturer as a symbol to denote his own goods. It is usually attached to them. It may be a peculiar or man

ufactured word, such as "Cocoaine," or "Vegetable Painkiller," or it may be any sort of picture or design.

2. The Right Acquired in a trade-mark is the exclusive right to use it, or, in other words, the right to keep others from using that trade-mark. It may be acquired by a citizen or a foreigner, and lasts as long as the trade-mark is used.

3. Its Object is to protect both the owner and the public against imitations of an article which has acquired a good reputation. Were it not for the exclusive right others might put on their goods the same mark, and thus deceive the public into believing they were manufactured by the same persons. This might deprive the one who had built up the trade of the results of his industry or skill, or it might defraud the public into buying an inferior article.

4. How Acquired.—The exclusive right to use a trademark is acquired simply by its adoption and use. No application is made to either the State or National Government. In 1881 Congress passed a law which gives additional protection to trade-marks used in foreign commerce, provided they are registered in the Patent Office. But for ordinary trade-marks used only in this country, no registration in any public office is ordinarily necessary.*

5. Infringement of a trade-mark is prevented in substantially the same way as in the case of patents (p. 192), viz., by a suit against the infringer for damages, and for an injunction to compel him to cease using it.

* The law of Congress of 1870, which was much broader than the law of 1881, and which purported to require registration in all cases, has been decided to be unconstitutional and void.

I. PATENTS

I. Are FOR new INVENTIONS;

II. Are GRANTED by the National Government, 1. After an examination, and

2. To citizens or foreigners;

III. SECURE the exclusive right to

(1) Make, (2) use, and (3) sell the patented article;

IV. CONTINUE for 17 years.

II. COPYRIGHTS

I. Are FOR new BOOKS, maps, engravings, etc.; II. Are GRANTED by the National Government, 1. Without any examination, and

2. To a citizen or resident of the U. S. only;

III. SECURE the exclusive right to

(1) Print, (2) publish, and (3) sell copies of the copy

righted article;

IV. CONTINUE for 28 years, with a right to 14 years

more.

III. TRADE-MARKS

I. May be attached to ANYTHING one makes or sells; II. Are ACQUIRED,

1. By use simply, and

2. By a citizen or foreigner;

III. SECURE the exclusive right to use them, and
IV. CONTINUE as long as used.

CHAPTER XLII.

BANKRUPTCY.

1. Bankruptcy is, in a general sense, the same as insolvency, and a bankrupt or insolvent is one who is unable to pay his debts as they become due. A person in commercial life who finds himself unable to pay his debts, usually has a number of creditors, and also has some property remaining. There is in nearly every State a system of law, called the bankrupt law, insolvent law, or assignment law, which has one or both of these objects; (1) to distribute the remaining property of the bankrupt among his creditors, and (2) to release him from his debts, so that he may have opportunity and incentive to devote himself to business again. 2. National Law. From 1867 to 1878 there was national bankrupt act, operating the same in every State; but that has been repealed and now (1882) each State regulates the matter as it chooses, the systems being quite different in some respects.

a

3. General Assignment.-A debtor may pay first any creditor he chooses, even if after so doing he has not enough property left to pay the rest. If he desires to pay all the creditors a portion instead of leaving some unpaid, that is often done by means of a general assignment, which is a paper signed by the debtor, in which he assigns or transfers all his property to some one else, called the assignee or trustee, to distribute it among the creditors (form 30). After the assignment the sheriff cannot levy upon the property, nor has the debtor any control over it. Note to Teacher.-It may be asked why the debtor himself cannot sell his own property, and distribute the proceeds equally. For this reason: Any creditor may sue, and on obtaining judgment

have the sheriff seize any of the property and satisfy his own claim fully out of it, without regard to any other creditor. Thus, it is a race between creditors. An assignment stops this. 4. The Assignee's Duties are (1) to notify all the creditors to present their claims to him, (2) to sell all the property of the debtor and convert it into cash, and (3) to distribute all the money thus obtained among all the creditors in proportion to the amount of their respective claims. Thus if all the debts are $50,000, and all the money $20,000, each creditor receives 40 per cent of his claim. In many States the assignee is subject to the supervision of some court, and the proceedings are in effect court proceedings.

5. A Preference in a general assignment is a provision in it that certain creditors shall be paid in full before any others are paid at all. This makes an unequal division of the property. Some States entirely forbid preferences.

6. Involuntary Process.-Some States have a process by which a failing debtor's property may be taken from him without his consent in order to be distributed among the creditors equitably.

7. Discharge of Debtor.-So far we have considered only the first object of a bankrupt law, the distribution of the property; let us now consider the second, the discharge of the debtor. The making an assignment, i.e., giving up all his property, does not discharge him from his debts unless they are paid. The discharge is granted by a court under certain conditions, but there is no uniformity in the different States. In some, it is granted if a certain proportion (30 to 70 per cent) of the debts are paid; in others, if a certain proportion of the creditors consent to it; in others no discharge is ever granted.

8. Effect of Discharge.-The residence of the creditor is of great importance in determining the effect of a discharge