HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0085 and id is 1 raw text is: RUSSELL V'. SMITH
complete before the suspended order was made, and so it had been necessary to reckon
any part of the time of residence under the suspended order, we might have considered
that such residence was excluded by the provisions of the Act; but no such point
arises here. However unjust, therefore, it may be to the removing parish that they
should not have the costs of maintaining the pauper under the suspended order, we
are compelled to hold that such costs can only be given where the pauper is either
dead or removed. Then neither of these events has occurred here; for the pauper is
alive, and the removal of him, being illegal, is no removal at all.
The consequence is that the order of sessions and the order for costs of maintenance
must be quashed.
First order of sessions confirmed.
Second order of sessions quashed (a).
[217] RUSSELL, against SMITH. 1848. Quoere, whether the protection given by
stat. 5 & 6 Vict. c. 45, ss. 20, 21, and stat. 3 & 4 W. 4, c. 15, ss. 1, 2, to the
author of any dramatic piece or musical composition against piracy by
unauthorised performance, extends to musical compositions if they be not
dramatic in their nature, or performed at a place of dramatic entertainment.
But, assuming these conditions to be essential, a song which relates to the
burning of a ship at sea, and the escape of those on board, describes their feelings
in vehement language, and sometimes expresses them in the supposed words of
the suffering parties, is dramatic, and therefore at all events within the meaning
of the statute, though it be sung only by one person, sitting at a piano, giving
effect to the verses by his delivery, but not assisted by scenery or appropriate
dress. And a room where the song is performed, and to which persons paying
for tickets are admitted for the purpose of hearing it, is, for the time, a place of
dramatic entertainment within the meaning of the statutes, though the room
be ordinarily used for different purposes. The proprietor of such musical
composition may maintain an action for infringement of his exclusive right to
perform it, without having first registered it according to stat. 5 & 6 Vict. c. 45,
s. 13. A declaration in debt for penalties in respect of such infringement is
good after verdict, though it state only that, at the time, &c., the plaintiff had,
and still hath, the sole liberty of representing and performing a certain musical
composition, called, &c. ; not stating how he is entitled to such liberty, nor
qualifying the assertion of it by the words at any place or places of dramatic
entertainment whatsoever, in any part of the United Kingdom, &c., used in stat.
3 & 4 W. 4, e. 15, s. 1. For it is sufficient, at this period of the proceedings,
that the count follows the words of stat. 5 & 6 Vict. c. 45, s. 20, which confers
the right.
[S. C. 17 L. J. Q. B. 225 ; 12 Jur. 723. Referred to, Clark v. Bishop, 1872, 25 L. T.
911. Discussed, Wall v. Taylor, 1882, 83, 9 Q. B. D. 731; 11 Q. B. D. 102;
Duch v. Bates, 1883, 84, 12 Q. B. D. 82 ; 13 Q. B. D. 843. Distinguished, Fuller v.
Blackpool Winter Gardens and Pavilion Company, [1895] 2 Q. B. 433.]
Debt. The declaration stated that, after the passing and coming into operation
of stat. 3 & 4 W. 4, c. 15, to amend the laws relating to dramatic literary property,
and stat. 5 & 6 Vict. c. 45, to amend the law of copyright, and before and at the
time of the wrongful representation and performance by the defendant as hereinafter
mentioned, the plaintiff had, and still hath, the sole liberty of representing and
performing a certain musical composition, called, to wit, The Ship on Fire. Yet
the plaintiff saith that, after the passing, &c. of the said Acts of Parliament, and
whilst the plaintiff had such sole liberty of representing and performing the said
musical composition as aforesaid, and before the commencement of this suit, to wit
on the 22d day of December A.D. 1845, and within twelve calendar months now last
past, the defendant did, contrary to the true intent and meaning, and against the
provisions [218] in that behalf, of the said Acts of Parliament, and without the
consent in writing of the plaintiff first had and obtained, to wit at a place of dramatic
entertainment in that part of the United Kingdom, &c. called England, to wit at
(a) See the preceding cases, from p. 103.
12 Q. B. 217.](ViewImageLocal?handle=hein.slavery/ssactsengr0085&div=1&collection=&method=preview&ext=.png&size=3)