Page images
PDF
EPUB

consequent arrest of any labourer shall be paid by such labourer from and out of his wages, and the employer shall be authorized to deduct such expenses if paid by him from his wages.

§ 8. Any employer who shall fail to notify the Inspector of Immigrants of the desertion of any or one of his labourers shall be guilty of a misdemeanour, and upon conviction thereof shall be fined not less than 25 dollars nor more than 100 dollars.

§ 9. Whoever shall furnish or give employment, or board, or lodging, or shall hide a runaway labourer one week after notice given as provided in § 6 of this Act shall be guilty of a misdemeanour, and upon conviction thereof shall be fined not less than 25 dollars nor more than 100 dollars for each offence.

§ 10. The Minister of Foreign Affairs shall charge for each special residence permit issued by him under the provisions of this Act the sum of 1 dollar, the money realized therefrom to be deposited in the Treasury for the use and benefit of the Hawaiian Government.

§ 11. Upon the expiration of the term of said residence permit the Minister may, upon due cause shown to him by the person named in such permit, extend the term of such special residence a further term not exceeding five years.

§ 12. Upon the arrival of such labourers a registry and description of them shall be prepared in such manner as the Board of Immigration may deem necessary to insure identification. And the said Board of Immigration is hereby authorized to make any and all such rules and regulations in the premises and as to identification, and the same to alter and amend as they may deem necessary for the proper carrying out of the provisions and intentions of this Act. Any such regulations made, altered, or amended shall have the effect and force of law after due notice thereof printed and published in a newspaper in Honolulu.

§ 13. Any person admitted to the Hawaiian Kingdom under the provisions of this Act who shall be found in the kingdom after the expiration of the term allowed by his permit, or who shall transfer such permit to any other person prior to its expiration, or who shal do any other matter or thing contrary to the provisions of this Act, or to the conditions of his special residence permit, or who shall violate any of the rules and regulations issued by the Board of Immigration, according to the provisions of this Act, shall be guilty of a misdemeanour, and upon conviction thereof before any Police or District Magistrate, shall be fined not over 200 dollars or imprisoned at hard labour not over two months, and after the satisfaction of such sentence shall be held in custody, at his own expense, till an opportunity arises to send him to China, whereupon he shall be thither deported.

§ 14. This Act shall take effect and become a Law from and after the day of its approval. Provided, however, that should the Hawaiian Government at any time after the approval of this Act enter into a Labour Convention with the Empire of China, that then and in such case the Cabinet may in their discretion, after due notice given by publication in two newspapers printed and published in Hon lulu, suspend the provisions and operations of this Act. Approved this 14th day of November, A.D. 1890.

By the King:

C. N. SPENCER, Minister of the Interior.

KALAKAUA REX.

ACT of the Government of Canada, respecting Copyright. [38 Vict., cap. 88.]

[1875.]

(Re-enacted as cap. 62 of the Revised Statutes, 1886.) [Note. The original Act is chaptered 88 of the Statutes of 1875, although there is another Act passed in the same year also chaptered 88.]

HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title.

1. This Act may be cited as "The Copyright Act" (38 Vict., cap. 88, sec. 31).

Interpretation.

2. In this Act, unless the context otherwise requires

(a.) The expression "the Minister" means the Minister of Agriculture.

(b.) The expression "the Department" means the Department of Agriculture.

(c.) The expression "legal representatives" includes heirs, executors, administrators and assigns, or other legal representatives.

Registers of Copyrights.

3. The Minister of Agriculture shall cause to be kept, at the Department of Agriculture, books to be called the "Registers of Copyrights," in which proprietors of literary, scientific, and artistic works or compositions may have the same registered in accordance with the provisions of this Act (38 Vict., cap. 88, sec. 1).

Subjects of Copyright and Conditions to be complied with.

4. Any person domiciled in Canada or in any part of the British possessions, or any citizen of any country which has an International Copyright Treaty with the United Kingdom, who is the author of any book, map, chart, or musical composition, or of any original painting, drawing, statue, sculpture, or photograph, or who invents, designs, etches, engraves, or causes to be engraved, etched, or made from his own design, any print or engraving, and the legal representatives of such person or citizen, shall have the sole and exclusive right and liberty of printing, reprinting, publishing, reproducing, and vending such literary, scientific, or artistic works or compositions, in whole or in part, and of allowing translations to be printed or reprinted and sold, of such literary works from one language into other languages, for the term of twenty-eight years, from the time of recording the copyright thereof in the manner hereinafter directed (38 Vict., cap. 88, sec. 4, part).

5.-(1.) The condition for obtaining such copyright shall be that the said literary, scientific, or artistic works shall be printed and published or reprinted and republished in Canada, or in the case of works of art that they shall be produced or reproduced in Canada, whether they are so published or produced for the first time, or contemporaneously with or subsequently to publication or production elsewhere; but in no case shall the said sole and exclusive right and liberty in Canada continue to exist after it has expired elsewhere.

(2.) No immoral, licentious, irreligious, or treasonable or seditious literary, scientific or artistic work shall be the legitimate subject of such registration or copyright (38 Vict., cap. 88, sec. 4, part).

6.-(1.) Every work of which the copyright has been granted and is subsisting in the United Kingdom, and copyright of which is not secured or subsisting in Canada, under any Act of the Parliament of Canada, or of the Legislature of the late Province of Canada, or of the Legislature of any of the provinces forming part of Canada, shall, when printed and published, or reprinted and republished in Canada, be entitled to copyright under this Act; but nothing in this Act shall be held to prohibit the importation from the United Kingdom of copies of any such work lawfully printed there.

(2.) If any such copyright work is reprinted subsequently to its publication in the United Kingdom, any person who has, previously to the date of entry of such work upon the registers of copyright, imported any foreign reprints, may dispose of such reprints by sale or otherwise; but the burden of proof of establishing the extent and regularity of the transaction shall, in such case, be upon such person (38 Viet., cap. 88, sec. 15).

7. Any literary work, intended to be published in pamphlet or

book form, but which is first published in separate articles in a newspaper or periodical, may be registered under this Act while it is so preliminarily published, if the title of the manuscript and a short analysis of the work are deposited at the Department, and if every separate article so published is preceded by the words "Registered in accordance with the Copyright Act," but the work, when published in book or pamphlet form, shall be subject, also, to the other requirements of this Act (38 Vict, cap. 88, sec. 10, part).

8. If a book is published anonymously, it shall be sufficient to enter it in the name of the first publisher thereof, either on behalf of the unnamed author or on behalf of such first publisher, as the case may be (38 Vict., cap. 88, sec. 25).

9. No person shall be entitled to the benefit of this Act unless he has deposited at the Department two copies of such book, map, chart, musical composition, photograph, print, cut, or engraving, and in the case of paintings, drawings, statuary and sculpture, unless he has furnished a written description of such works of art; and the Minister shall cause the copyright of the same to be recorded forthwith in a book to be kept for that purpose, in the manner adopted by him, or prescribed by the rules and forms made, from time to time, as herein provided (38 Vict., cap. 88, sec. 7).

10. The Minister shall cause one of such two copies of such book, map, chart, musical composition, photograph, print, cut, or engraving, to be deposited in the Library of the Parliament of Canada (38 Vict. cap. 88, sec. 8).

11. It shall not be requisite to deliver any printed copy of the second or of any subsequent edition of any book unless the same contains very important alterations or additions (38 Vict., cap. 88, sec. 26).

12. No person shall be entited to the benefit of this Act unless he gives information of the copyright being secured, by causing to be inserted in the several copies of every edition published during the term secured, on the title-page, or on the page immediately following, if it is a book-or if it is a map, chart, musical composition, print, cut, engraving, or photograph, by causing to be impressed on the face thereof, or if it is a volume of maps, charts, music, engravings, or photographs, upon the title - page or frontispiece thereof, the following words, that is to say: "Entered according to Act of the Parliament of Canada, in the year by A. B., at the Department of Agriculture;" but as regards paintings, drawings, statuary, and sculptures, the signature of the artist shall be deemed a sufficient notice of such proprietorship (38 Vict., cap. 88, sec. 9).

13. (1.) The author of any literary, scientific, or artistic work, or his legal representatives, may, pending the publication or republication thereof in Canada, obtain an interim copyright therefor

by depositing at the Department a copy of the title or a designation of such work, intended for publication or republication in Canadawhich title or designation shall be registered in an interim copyright register at the said Department-to secure to such author aforesaid or his legal representatives the exclusive rights recognized by this Act, previous to publication or republication in Canada, but such interim registration shall not endure for more than one month from the date of the original publication elsewhere, within which period the work shall be printed or reprinted and published in Canada.

(2.) In every case of interim registration under this Act the author or his legal representatives shall cause notice of such registration to be inserted once in the "Canada Gazette" (38 Vict., cap. 88, sec. 10, part).

14. The application for the registration of an interim copyright, of a temporary copyright and of a copyright, may be made in the name of the author, or of his legal representatives, by any person purporting to be the agent of such author or legal representatives; and any damage caused by a fraudulent or an erroneous assumption of such authority shall be recoverable in any Court of competent jurisdiction (38 Vict., cap. 88, sec. 23, part).

Assignments and Renewals.

15. (1.) The right of an author of a literary, scientific, or artistic work to obtain a copyright, and the copyright when obtained, shall be assignable in law, either as to the whole interest or any part thereof, by an instrument in writing, made in duplicate, and which shall be registered at the Department on production of both duplicates and payment of the fee hereinafter mentioned.

(2.) One of the duplicates shall be retained at the Department, and the other shall be returned, with a certificate of registration, to the person depositing it (38 Vict., cap. 88, sec. 18).

16. Whenever the author of a literary, scientific, or artistic work or composition which may be the subject of copyright has executed the same for another person or has sold the same to another person for due consideration, such author shall not be entitled to obtain or to retain the proprietorship of such copyright, which, is, by the said transaction, virtually transferred to the purchaser, and such purchaser may avail himself of such privilege, unless a reserve of the privilege is specially made by the author or artist in a deed duly executed (38 Vict., cap. 88, sec. 16).

17. If, at the expiration of the said term of twenty-eight years, the author or any of the authors (when the work has been originally composed and made by more than one person) is still living, or if such author is dead and has left a widow or a child, or children,

« PreviousContinue »