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condly, the violation of the copyright of prints, cuts or engravings, maps, charts, or musical compositions; thirdly, the printing or publishing of any manuscripts without the consent of the author or legal proprietor; fourthly, for inserting in any book, &c, that the copy-right has been secured contrary to truth.
[ 16 ] First. If any other person or persons, from and after recording the title of any book or books, according to this act, shall, within the term or terms herein limited, print, publish, or import, or cause to be printed, published or imported, any copy of such book or books, without the consent of the person legally entitled to the copy-right thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book, without such consent in writing; then such offender, shall forfeit every copy of such book to the person legally, at the time, entitled to the copy-right thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported, or exposed to sale, contrary to the intent of this act; the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the United States; to be recovered by action of debt in any court having competent jurisdiction thereof.
[ 17 ] Secondly. If any person or persons after the recording the title of any print, cut or engraving, map, chart, or musical composition, according to the provisions of this act, shall, within the term or terms limited by this act, engrave, etch, or work, sell, or copy, or cause to be engraved, etched, worked or sold, or
copied, either on the whole, or by
[ 18 ] Nothing in this act shall be construed to extend to prohibit the importation or vending, printing or publishing, of any map, chart, book, musical composition, print, or engraving written, composed, or made by any person not being a citizen of the United States, nor resident within the jurisdiction thereof.
[ 19 ] Thirdly. Any person or persons, who shall print or publish any manuscript whatever without the consent of the author or legal propri-1 [ 23 ] The limitation of actions is etjr first obtained as aforesaid, (if j regulated as follows. No action or
such author or proprietor be a citizen of the United States, or resident there.
prosecution shall be maintained in any case of forfeiture or penalty
in,) shall be liable to suffer and pay to | under this act, unless the same shall
the author or proprietor, all damages occasioned by such injury, to be recovered by a special action on the case founded upon this act, in any court having cognizance thereof; and the several courts of the United States empowered to grant injunctions to prevent the violation of the rights of authors and inventors, are
have been commenced within two years after the cause of action shall have arisen.
f 24 ] § 9. Former grants. All and several the provisions of this act, intended for the protection and security of copy-rights, and providing remedies, penalties, and forfeitures in case of violation thereof, shall be
hereby empowered to grant injunc-1 held and construed to extend to the tions, in like manner, according to | benefit of the legal proprietor or prothe principles of equity, to restrain ; prietors of each and every copy-right such publication of any manuscript heretofore obtained, according to law, as aforesaid. during the term thereof, in the same
 Fourthly. If any person or \ manner as if such copy-right had persons, from and after the passing of been entered and secured according
this act, shall print or publish any book, map, chart, musical composition, print, cut, or engraving, not having legally acquired the copyright thereof, and shall insert or impress that the same hath been entered according to act of congress, or words purporting the same, 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 of debt, in any court of record having cognizance thereof.
[ 21 ] The itsue. If any person or persons shall be sued or prosecuted, for any matter, act, or thing done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence.
[ 22 ] The costs. In all recoveries under this act,either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwithstanding.
to the directions of this act. And by the 16th section it is provided that this act shall not extend to any copyright heretofore secured, the term of which has already expired.
[ 25 ] Copy-rights are secured in most countries of Europe.
In Great Britain an author has a copy-right in his work absolutely for twenty-eight years, and if he be living at the end of that period for the residue of his life.
In France the copy-right of an author extends to twenty years after his death.
In most, if not in all the German states, it is perpetual; it extends only over the state in which it is granted.
In Russia the right of an author or translator continues during his life, and his heirs enjoy the privilege twenty-five years afterwards. No manuscript or printed work of an author can be sold for his debts. 2 Amer. Jur. 253, 4.
Vide generally, 2 Am. Jur. 248; 10 Am. Jur. 62; 1 Law Intell. 66; and the articles Literary property; Manuscript.
Alien not entitled to a copyright, 4.
his rights not protected, 18. Author entitled to a copy-right, 4.
must be a citizen of the U. S. 4.
entitled to a renewal, 8, 9, 10. Certificate of copy rights, 11. Children when entitled to a copy-right, 8, 10.
Citizen, author must be, 4. Copy of work to be delivered to clerk D. C. 13.
Copyright, what, 1.
legislation on the subject of, 3.
who entitled to, 4.
for what given, 5.
nature of, 6.
duration of, 7.
renewal of, 8,9.
proceedings to obtain a, II.
remedies for violation of, 14. Costs, to be recovered when, 22. Designer entitled to a copy-right, 4.
renewal, 8, 9, 10. Duration of copyright, 7.
enlarged when, 8. Engraver entitled to a copy-right, 4.
renewal, 10. "Entered according to act of congress," publication required, 16.
Former grants, how secured, 24.
Manuscript, printing of, when punished,
Nature of copy-right, 6.
Penalties for violation of copyrights, 15,
Proceedings to obtain a copyright, 11. Remedies for violation of copyright, 14. Renewal of copyright, when granted, 8, 9,10.
Requisites after copy-right obtained, 12, 13. Widow, when entitled to a copy-right, 8, 10.
COPYHOLD, estates, intheEngglish law. A copyhold estate is a parcel of the demesne of a manor, held at the will of the lord, according to the custom of the manor, by a grant from the lord, and admittance
of the tenant, entered on the rolls of the manor court. Cruise, Dig. t. 10, c. 1, s. 3. Vide Ch. Pr. Index, h. t.
CORAM. In the presence of; before. Coram nobis, before us; coram vobis, before you; coram non judice, is said of those acts of a court over which it has no jurisdiction; not before the proper judge before an improper tribunal. Those acts have no validity. Where a thing is required to be done before a particular person, it would not be considered as done before him, if he were asleep or non compos. Vide Dig. 4, 8, 27,
5; Dane's Ab. Index, h. t.; 5 Harr.
6 John. 42; 8 Cranch, 9; Paine's R. 55.
CORD, measures. A cord of wood must, when the wood is piled close, measure eight feet by four, and the wood must be four feet long. There are various local regulations in our principal cities as to the manner in which wood shall be measured and sold.
CORN. In its most comprehensive sense, this term signifies every sort of grain, as well as peas and beans; this is its meaning in the memorandum usually contained in policies of insurance. But it does not include rice. Park. Ins. 112; Marsh. Ins. 223, note; Stev. on Av. part 4, art. 2; Ben. on Av. ch. 10; 1 Marsh. Ins. 223; Park on Ins. 112; Wesk. Ins. 145. Vide Com. Dig. Biens, G 1.
CORODY, incorporeal hereditament, is an allowance of meat, drink, money, clothing, lodging, and such like necessaries for sustenance. 1 Bl. Com. 283; l Ch. Pr. 225.
CORONER, an officer whose principal duty it is to hold an inquisition, with the assistance of a jury, over the body of any person who may have come to a violent death, or who has died in prison. It is his duty aim in case of the death of the sheriff, or when a vacancy happens in that office, to serve all the writs and process which the sheriff is usually bound to serve. Vide Bac. Ab. h. t.; 6 Vin. Ab. 242; 3 Com. Dig. 222; 5 Com. Dig. 212; and the article Death.
The duties of the coroner are of the greatest consequence to society, both for the purpose of bringing to punishment murderers and other offenders against the lives of the citizens, and of protecting innocent persons from criminal accusations. His office, it is to be regretted, is regarded with too much indifference. This officer should be properly acquainted with the medical and legal knowledge so absolutely indispensable in the faithful discharge of his office. It not unfrequently happens that the public mind is deeply impressed with the guilt of the accused, and when probably he is guilty, and yet the imperfections of the early examinations leave no alternative to the jury but to acquit. It is proper in most cases to procure the examination to be made by a physician, and in some cases, it is his duty. 4 Car. & P. 571.
CORPORAL, an epithet for any thing belonging to the body, as, corporal punishment, for punishment inflicted on the person of the criminal; corporal oath, which is an oath by the party who takes it being obliged to lay his hand on the Bible.
CORPORAL TOUCH. It was once decided that before a seller of personal property could be said to have stopped it in transitu, so as to regain the possession of it, it was necessary that it should come to his corporal touch. 3 T. R. 466; 5 East, 184. But the contrary is now settled. These words were used merely as a figurative expression. 3 T. R. 464; 5 East, 184.
CORPORATION. An aggregate corporation is an intellectual
body, created by law, composed of individuals united under a common name, the members of which succeed each other, so that the body continues the same, notwithstanding the changes of the individuals who compose it, and which for certain purposes is considered as a natural person. Browne's Civ. Law, 99; Civ. Code of Lo. art. 418; 2 Kent's Com. 215; Mr. Kyd, (Corpor. vol. 1, p. 13,) defines a corporation as follows: "A corporation, or body politic, or body incorporate, is a collection of many individuals united in one body, under a special denomination, having perpetual succession under an artificial form, and vested by the policy of the law, with a capacity of acting in several respects as an individual, particularly of taking and granting property, contracting obligations and of suing and being sued; of enjoying privileges and immunities in common, and of exercising a variety of political rights, more or less extensive, according to the design of its institution, or the powers conferred upon it, either at the time of its creation, or at any subsequent period of its existence." In the case of Dartmouth College against Woodward, 4 Wheat. Rep. 636, Chief Justice Marshall describes a corporation to be "an artificial being, invisible, intangible and existing only in contemplation of law. Being the mere creature of law," continues the judge, "it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality, and if the expression may be allowed, individuality; properties by which a perpetual succession of many persons are considered as the same, and may act as
the single individual. They enable a corporation to manage its own affairs, and to hold property without the perplexing intricacies, the hazardous and endless necessity of perpetual conveyance for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities, that corporations were invented, and are in use." See 2 Bl. Com. 37.
The words corporation and incorporation are frequently confounded, particularly in the old books. The distinction between them is, however, obvious; the one is a political institution, the other the act by which that institution is created.
Corporations are divided into public and private.
Public corporations which are also called political, and sometimes municipal corporations, are those which have for their object the government of a portion of the state. Civil Code of Lo. art. 420; and although in such case it involves some private interests, yet, as it is endowed with a portion of political power, the term public has been deemed appropriate. Another class of public corporations are those which are founded for public, (though not for political or municipal purposes,) and the whole interest in which belongs to the government. The Bank of Philadelphia, for example, if the whole stock belonged exclusively to the government, would be a public corporation; but inasmuch as there are other owners of the stock, it is a private corporation. Domat's Civil Law, 452; 4 Wheat. R. 668; 9 Wheat. R. 907 ; 3 M'Cord's R. 377; 1 Hawk's R. M; 2 Kent's Com. 222. Nations or states, are denominated by publicists, bodies politic, and are said to have their affairs and interests, and to deliberate and resolve, in common. They thus be
come as moral persons, having an understanding and will peculiar to themselves, and are susceptible of obligations and laws. Vattel, 49. In this extensive sense the United States may be termed a corporation; and so may each state singly. Per Iredell, J. 3 Dall. 447.
Private corporations. In the popular meaning of the term, nearly every corporation is public, inasmuch as they are created for the public benefit; but if the whole interest does not belong to the government, or if the corporation is not created for the administration of political or municipal power, the corporation is private. A bank for instance may be created by the government for its own uses; but if the stock is owned by private persons, it is a private corporation, although it is created by the government, and its operations partake of a private nature. 9 Wheat. R. 907. The rule is the same in the case of canal, bridge, turnpike, insurance companies, and the like. Charitable or literary corporations, founded by private benefaction, are in point of law, private corporations, though dedicated to public charity, or for the general promotion of learning. Ang. & Ames on Corp. 22.
Private corporations are divided into ecclesiastical and lay.
Ecclesiastical corporations, in the United States, are commonly called religious corporations; they are created to enable religious societies to manage with more facility and advantage, the temporalities belonging to the church or congregation.
Lay corporations are divided into civil and eleemosynary. Civil corporations are created for an infinite variety of temporal purposes, such as affording facilities for the obtaining loans of money; the making of canals, turnpike roads, and the like. And also such as are established for