or maker of such work, without his consent, to make or knowingly to sell or publish or offer for sale such work or any copies of such work so altered as aforesaid, or of any part thereof, as or for the unaltered work of such author or maker.

And every offender against the provisions of this section shall upon conviction forfeit to the person aggrieved a sum not exceeding 107., or not exceeding double the full price, if any, at which all such copies, engravings, imitations, or altered works shall have been sold or offered for sale; and all such copies, engravings, imitations, or altered works shall be forfeited to the person, or the assigns or legal representatives of the person, whose name, initials, or monogram shall be so fraudulently signed or affixed thereto, or to whom such fraudulent or altered work shall be so falsely ascribed as aforesaid : Provided always that the penalties imposed by this section shall not be incurred unless the person whose name, initials, or monogram shall be so fraudulently signed or affixed, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within seven years next before the time when the offence may have been committed.

8. All pecuniary penalties which shall be incurred, and all such unlawful copies, imitations, and all other effects and things as shall have been forfeited, by offenders pursuant to this Act, may be recovered by the person empowered to recover the same (hereinafter called "the complainant ") by summary proceeding before a Resident Magistrate.or any two Justices of the Peace having jurisdiction where the offence may have been committed or where the complainant resides.

9. In any action in the Supreme Court of New Zealand for the infringement of any such copyright as aforesaid, it shall be lawful for the Court in which such action is pending, on the application of the plaintiff or defendant respectively, to make such order for an injunction, inspection, or account, and to give such direction respecting such action, injunction, inspection, and account, and the proceedings therein respectively, as to such Court or any Judge thereof may seem fit.

10. All repetitions, copies, or imitations of any work of art, wherein or in the design whereof there shall be subsisting copyright under this Act, and all repetitions, copies, and imitations of the design of any such work of art which, contrary to the provisions of this Act, shall have been made in any foreign State or in any part of the British dominions, are hereby absolutely prohibited to be imported into any part of New Zealand, except by or with the consent of the proprietor of the copyright thereof or his agent authorized in writing; and if the proprietor of any such copyright or his agent shall declare tha any goods imported are repetitions,

copies, or imitations of any such work of art, and so prohibited as aforesaid, then such goods may be detained by the officers of Her Majesty's Customs.

11. If the author of any work of art in which there shall be subsisting copyright, after having sold or otherwise disposed of such copyright, or if any other person not being the proprietor for the time being of such copyright shall, without the consent of such proprietor, repeat, copy, colourably imitate, or otherwise multiply, or cause or procure to be repeated, copied, colourably imitated, or otherwise multiplied for sale, hire, exhibition, or distribution, any such work or the design thereof, or shall import or cause to be imported into any part of New Zealand, or sell, publish, let to hire, exhibit, or distribute, or offer for sale, hire, exhibition, or distribution, or cause or procure to be sold, published, let to hire, exhibited, or distributed, or offered for sale, hire, exhibition, or distribution, any repetition, copy, or imitation of such work or the design thereof, made without such consent as aforesaid, then every such proprietor, in addition to the remedies hereby given for the recovery of any such penalties and forfeiture of any such aforesaid things, may recover damages by and in a special action on the case to be brought against the person so offending, and may in such action recover and enforce the delivery to him of all unlawful repetitions, copies, and imitations, and negatives of photographs, or may recover damages for the retention or conversion thereof: Provided that nothing herein contained, nor any proceeding, conviction, or judgment for any act hereby forbidden, shall affect any remedy which any person aggrieved by such act may be entitled to either at law or in equity.

of

SCHEDULES.

FIRST SCHEDULE.

Memorandum for Registration under “ The Fine Arts Copyright Act, 1877.” I, do hereby certify that I am entitled to the copyright in the undermentioned work; and I hereby require a memorandum of such copyright [or the assignment of such copyright] to be entered in the Register of Proprietors of Copyright in Works of Art, kept at Wellington

[or

], according to the particulars under-written :

To the Registering Office under "The Fine Arts Copyright Act. 1877."

ACT of the Government of New Zealand, to amend "The Fine Arts Copyright Act, 1877." (Dramatic Works.)

[43 Vict., No. 35.]

[December 19, 1879.] WHEREAS it is expedient to amend "The Fine Arts Copyright Act, 1877,"* and to make provision in respect of the registration of dramatic copyright;

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, aud by the authority of the same, as follows:

1. The short title of this Act is "The Fine Arts Copyright Act 1877 Amendment Act, 1879."

2. In this Act, if not inconsistent with the context

"Dramatic work" means and includes every tragedy, comedy, play, opera, farce, or other scenic, musical, or dramatic entertainment.

"Proprietor" means and includes the author of any dramatic. work and his assigns.

* Page 1311.

"Copyright" and "assigns" shall have the same meaning as that given by the Act of the Imperial Parliament of the fifth and sixth years of the reign of Her present Majesty Queen Victoria, cap. 45, sec. 2.*

3. Any person entitled as proprietor under the provisions of 2 & 4 Will. IV, cap. 15,† and 5 & 6 Vict., cap. 45,* to the copyright in any dramatic work may, subject to the provisions of such Acts, be registered as such proprietor by the Registrar of Copyrights at Wellington.

4. The application for registration shall be in the form in the 1st Schedule to this Act, shall be signed by the proprietor or his duly authorized agent appointed in writing, and shall be accompanied by a copy of the dramatic work, or such particulars as may be sufficient to identify it.

5. Any dramatic work produced or published within the Colony may be registered by the proprietor thereof, under the provisions of this Act, in the same manner as if such proprietor were a person entitled to register under the provisions of section 3 of this Act: Provided always that whenever any dramatic work, registered under this Act, shall have been printed by the authority of the proprietor thereof, a copy of the said work shall be deposited in the Library of the General Assembly of New Zealand.

6. The proprietor may, by notice in writing, appoint some person resident in New Zealand to be his agent in the Colony, with authority to issue licences for the representation of such dramatic work, and to sue for and recover the penalties and damages provided by the hereinbefore-mentioned Acts of the Imperial Parliament for unlicensed representation.

The appointment of an agent may from time to time be altered and revoked by notice in writing, addressed to the Registrar aforesaid, under the hand of the proprietor of the copyright aforesaid.

7. The Registrar aforesaid, upon being furnished with reasonable evidence that the person applying to be registered is the proprietor of the copyright in the dramatic work, or of the appointment of such agent as aforesaid, shall enter in the register book the name of the proprietor and such other particulars of the dramatic piece as may be sufficient to identify the same, and the name of the agent if one is appointed.

8. A copy of the entry in the register book (signed and certified by the Registrar as a true copy) of the name of any person as proprietor or agent shall be prima facie evidence that such person is such proprietor or agent, and that such agent is duly authorized to sue for penalties and damages under the said Imperial Acts for

* Vol. XXXI. Page 970.

+ See "Hertslet's Treaties." Vol. VII. Page 401,

any unlicensed representation of the dramatic work, and that such agent is authorized to grant licences to represent the dramatic work, and to prohibit the unlicensed representation thereof.

9. If the name of any person is, without sufficient cause, entered as the proprietor of the copyright in any dramatic work, or as his agent, in the register kept by the Registrar aforesaid, any person interested may apply to the Supreme Court on motion for an order that the register may be rectified, and the Court may either refuse or grant such application with or without costs.

10. If any person fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of any entry on the register of the name of any person as the proprietor of the copyright in any dramatic work, or as the agent of such proprietor, the person so offending shall be guilty of a misdemeanour and liable to be imprisoned, with or without hard labour, for a period not exceeding three years.

11. Unless any work of art be registered, as provided by "The Fine Arts Copyright Act, 1877," it shall be unlawful to put thereon any mark or other note signifying registration; and if any person shall so unlawfully affix or place any such mark, or shall publish, sell, exhibit, or expose for sale or exhibition any such work of art with any such marks so unlawfully affixed or placed, knowing the same to be so unlawfully affixed or placed, he shall forfeit for every such offence a sum not exceeding 207., which may be recovered by any person proceeding for the same in a summary way in the manner prescribed by "The Justices of the Peace Act, 1866," and in any Act amending the same or passed for a like purpose: Provided that no action for any offence under this Act shall be brought after the expiration of 12 calendar months from the commission of the offence; and in every such action the party who shall prevail shall recover his full costs of suit or proceeding.

12. The fees in the 2nd Schedule to this Act shall be payable to the Registrar of Copyrights in respect of the matters and things therein mentioned.

13. This Act shall be read with and construed as part of the said "Fine Arts Copyright Act, 1877."

SCHEDULES.

FIRST SCHEdule.

Form of requiring Entry of Registration.

I, A.B., the proprietor of the copyright of a dramatic work intituled

hereby require you to make entry in the Register Book