What is a copyright, and for how long does such right endure? The right a man has to print and publish his own books, to the exclusion of all other persons.

By 8 Anne, c. 19, amended by 15 Geo. III. c. 53; 41 Geo. III. c. 197, and 54 Geo. III. c. 156; and lastly repealed by 5 & 6 Vict. c. 45, whereby the right is reserved to the author and his representatives for the term of his natural life and seven years afterwards, or for the term of forty-two years, whichever is the longer period; in case of a posthumous work, forty-two years from first publication. The proprietor must register the title at Stationers' Hall, otherwise no action can be commenced.

What is the remedy for infringement of copyright?

(i.) By action within twelve months for damages; or (ii.) by an injunction on account of profits.

Is a copyright assignable; if so, how?

It is; by any writing signed by the assignor, and entered at Stationer's Hall (5 & 6 Vict. c. 45); and there is no stamp duty payable.

Has the Crown any privileges in copyright?

Yes (i.) in all the Acts; (ii.) the Liturgies; Books of Worship, and the translation of the Bible, which are also extended to Crown grantees.

Are there any other kinds or species of copyright which are protected?

How far is the property in things personal transferable? Are there any exceptions?

Generally, so far as the owner's interest goes, the following parties, however, are under incapacity, (i.) infants; (ii.) non compotes mentis; (iii.) persons under duress; (iv.) married women, save as to separate estate, or property becoming her separate estate

under the Married Woman's Property Acts, 1870 and 1882, 33 & 34 Vict. c. 93 and 44 & 45 Vict. c. 75; and the following have only limited interests, viz.:

(i.) Officers of the army or navy as to pay or half-pay; (ii.) Public officers as to their salary; (iii.) Persons having public appointments; (iv.) Assignees of choses in actions, except in the case of the Crown.

What was the practice with regard to suing on choses of action, and how has it been affected by the Judicature Act?

To take a declaration of trust with an agreement allowing the assignee to sue in the name of the assignor. The Judicature Act, 1873, allows an assignee to sue in his own name where the assignment is in writing and absolute, and notice has been given to the debtor, 36 & 37 Vict. c. 66, s. 25. sub-s. 6; see also 30 & 31 Vict. c. 144, as to assignment of life policies, 31 & 32 Vict. c. 86, as to assignments of marine policies, and 32 & 33 Vict c. 71, s. 3 (B. A. 1869) as to the assignment of choses in action in bankruptcy.

What are the modes of acquiring property in things personal?

(i.) By gift, which is a voluntary conveyance of a chattel
personal in possession without any consideration or
equivalent.
(ii.) By assignment or bargain and sale, founded on valuable
consideration.

What are the peculiarities of a gift, and how must it be effected? (i.) If fraudulent it is void as against creditors (13 Eliz. c. 5). (ii.) It could not have been made in trust to the use of the donor by 3 Hen. VII. c. 4, because the forfeiture would necessarily have been destroyed.

It must must be effected (i.) by deed, or (ii.) by delivery of pos

session.

What is a donatio mortis causâ, and what is essential to make the gift effectual, and in what respects does it (i.) resemble, and (ii.) differ from a legacy?

It is a gift of personal property made by a person in peril of death, upon condition of his not recovering from his then existing disorder, or not revoking the gift before his decease. The gift must (i.) be accompanied by delivery; and (ii.) must be permanently retained by the donee. It resembles a legacy in that (i.) it may be made to a wife; (ii.) it is liable to debts on a deficiency of assets; (iii.) it is revocable; (iv.) it is liable to legacy duty.

It differs from a legacy in that it does not require the assent of the executor to perfect it. It must be remembered that now it

requires proof in the Probate Court, unless made three months before death (44 Vict. c. 12, s. 38).

How may an assignment of personal chattels be made?

(i.) By word of mouth.

(ii.) In writing (1) either by memoranda as under the 4th and 17th sections of the Statute of Frauds; or (2) by regular assignment, as in case of bills of sale.

What is a bill of lading; how has it been affected by 18 & 19 Vict. c. 111.

It is a document used in the case of goods sent abroad; it is in the form of a receipt from the captain to the shipper of the goods, undertaking to deliver the goods to the person named on payment of the freight. The property in the goods passes by delivery of the bill of lading; and by the above statute the assignee may sue in his own name.

Mention some contracts for sale of goods which are required by statute to be in writing.

(i.) Contracts within the 4th and 17th sections of the Statute of Frauds.

(ii.) Transfers of ships.

(iii.) Assignments of patents (which require a deed) or copy

rights.

(iv.) Bills of exchange and promissory notes payable to order.

How far does a writ of execution bind property?

Under 13 Eliz. c. 5, gifts of chattels to defeat creditors are void, and the retaining the possession was prima facie evidence of the fraud, and now a sale of goods after the issuing a writ of execution is void as against the parties, but as regards purchasers, 19 & 20 Vict. c. 97 enacts that bonâ fide purchasers for value without notice are protected until the goods have been actually seized.

What do you know of a bill of sale?

It is an assignment of chattels by deed, and it is void against execution creditors so far as regards chattels in possession or apparent possession unless registered in the Queen's Bench Division of the High Court within seven days after date, in pursuance of stat. 45 & 46 Vict. c. 43 (the Bills of Sale Act Amendment Act, 1882), which registration must be renewed once in every five years, pursuant to the 11th section of the Act of 1878. It might also be here noticed that under the Act of 1882, bills of sale given as a security for money lent need not be attested by a solicitor, and the fact of the bill of sale having been explained to the grantor before execution need not be stated in the attestation.

Mention those cases referred to by Stephen, in which the property in personal chattels passes, though the person who makes the transfer is neither the owner, nor authorised to dispose of them.

(i.) Current coin of the realm paid over for valuable consideration to an innocent party.

(ii.) Notes of the Bank of England under similar circumstances. (iii.) On transfer of bills of exchange, promissory notes, and other negotiable instruments transferable by mere delivery, and also with respect to goods sold in open market.

CHAPTER V.

TITLE BY CONTRACT.

Distinguish between a contract and a promise.

A contract is an agreement between two or more persons, upon sufficient consideration, to do or not to do a particular thing, whereas a promise is a mere voluntary engagement by one person, and consequently devoid of reciprocity.

How may contracts be divided?

Into (i.) simple, which are either verbal or in writing, other than under seal; (ii.) specialty, which are in writing, sealed and delivered; (iii.) contracts of record.

Define a contract, and how may contracts be divided?

See two last preceding answers.

Is it necessary that a contract should be in writing and signed? (i.) In cases of contracts coming within the 4th and 17th sections of the Statute of Frauds (29 Car. II. c. 3), which

are:

(1) A special promise by an executor or administrator to answer damages out of his own estate.

(2) To answer for the debt, default, or miscarriage of

another.

(3) An agreement made in consideration of marriage.

(4) A contract for sale of lands, tenements, or hereditaments or any interest therein.

(5) Any agreement not to be performed within a year. (ii.) By 9 Geo. IV. c. 14 promises to pay statute-barred debts.

State those cases in which sect. 4 of the Statute of Frauds requires that a contract should be in writing, and signed by the party to be charged therewith, or by some other person thereunto by him lawfully authorised?

See last answer.

Distinguish between express and implied contracts, and give some examples of those of the latter description.

(i.) Express contracts are openly uttered and announced at the time; (ii.) implied contracts rest merely on construction of law, being such as justice and reason dictate, as in the case of employing a person to work, there is an implied contract to pay what his work is worth.

Where there is an express contract, can an implied one exist?
No, the maxim being expressum facit cessare tacitum.

Distinguish between an executed and an executory contract?

(i.) An executed contract is one which is performed, as in case of goods sold, delivered, and paid for; (ii.) executory, one which is to be performed, as if A. and B. agree to change houses next week.

What is the principal incident of a simple contract? Give the maxim.

A contract is void without consideration. Ex nudo pacto non oritur actio.

Explain and illustrate the maxim, ex nudo pacto non oritur actio.

This means, out of a promise unattended with any legal consideration no legal liability can arise. Thus, if A., without reference to services or other equivalent, promise to pay B. £100, there exists, in this case (in the language of the law) no consideration, and no action lies to recover the £100.

What do you understand by a consideration sufficient to support a contract? Will the Court go into the question of adequacy?

Any benefit or loss accruing to the person making the promise; and as long as there has been some consideration the Court will not go into the question of adequacy.

What are the various kinds of consideration in point of time? and distinguish them.

(i.) Executed; (ii.) executory; (iii.) concurrent; (iv.) continuing. (1) Is some matter done at the time of the promise being given, in return for which the promise is given.