Thank you that was interesting. On Fri, Jan 24, 2014 at 6:17 PM, Tombi Peck <[email protected]> wrote: > Thank you Heather, > Another great read! > How can anyone become bored or discontented if you have research to do! > The other love of my life (other than family) is my dear little Jack > Russell, Miss T & books, books and more books! > Gadds Hill was Dickens' weekend retreat and holiday home. > TP > Best wishes > Tombi Peck > ----- Original Message ----- > From: "Heather MacAlister" <[email protected]> > To: <[email protected]> > Sent: Friday, January 24, 2014 3:47 PM > Subject: [ZA-EC] What the Dickens - Charles Dickens sues the Eastern > Province Herald in 1861 with costs !!! > > > Hi There > Not sure how may lister’s know what Charles Dickens sued the Eastern > Province Herald and had a restraining order put on them for publishing > portions of his “Great Expectations” with his permission.? > I found this in the South African Law Reports of 1861. > > Dickens v "Eastern Province Herald" 1861-1863 SC 33 > 1861. August 15, 31. > Flynote > Interdict. --- Copyright. --- Act 5, 6 Vict. c. 45, § 15. --- Act 4 of > 1854. > Headnote > On application by D. to restrain the proprietors of a colonial newspaper > from reprinting portions of a literary work composed by applicant and > protected by the English Copyright Act, THE COURT granted a rule nisi, and > subsequently, in default of appearance by respondent, made the rule > absolute, with costs. > Case Information > This was a motion on behalf of Charles Dickens, of Gadshill House, > Rochester, Kent, for a rule nisi calling upon the editor and proprietors of > the Eastern Province Herald to shew cause why they should not be restrained > from printing in that paper a certain work of fiction called Great > Expectations, the copyright of which belonged to applicant. The publication > of a portion of the work in the newspaper, dated March 5th, was proved, and > the following declaration of applicant executed in London on June 11th, > 1861: --- > "I, Charles Dickens, declare that I am the sole author of a work of fiction > called Great Expectations, now in course of publication in a weekly > periodical, All the Year Round, and say that I am the sole proprietor of > the > copyright in the said work, and that the said work and also the said > periodical have been duly entered in the register book of the Stationers' > Company, pursuant to Act 5, 6 Viet c. 45, entitled 'An Act to amend the Law > of Copyright.' And I further say that I have not granted any licence nor > given any consent to the publication of my said work either in England or > elsewhere except in the said periodical. And I make this solemn > declaration, > &c., &c." > A certified copy of the entry in the register of the Stationers' Hall was > put in, shewing the applicant's copyright to Great Expectations and All the > Year Round. > Act 5, 6 Viet. c. 45, § 15, is as follows --- > "And be it enacted, that if any person shall, in any part of the British > dominions, after the passing of this Act, print or cause to be printed, > either for sale or exportation, any book in which there shall be subsisting > copyright, > 1861-1863 SC p34 > without the consent in writing of the proprietor thereof, or shall import > for sale or hire any such book so having been unlawfully printed from ports > beyond the sea, or knowing such book to have been unlawfully printed or > imported, shall sell, publish, or expose to sale or hire, or cause to be > sold, published, or exported for sale or hire, or shall have in his > possession for sale or hire, any such book so unlawfully printed or > imported > without such consent as aforesaid, such offender shall be liable to a > special action on the case at the suit of the proprietor of such copyright, > to be brought in any Court of record in that part of the British dominions > in which the offence shall be committed. Provided always that in Scotland > such offender shall be liable to an action in the Court of Session in > Scotland, which shall and may be brought and prosecuted in the same manner > in which any other action of damage to the like amount may be brought and > prosecuted there." > Porter, A.G., for the applicant, referred to the English law and to the > Colonial law allowing the importation of foreign reprints of English > copyright works (Act 4 of 1854). No Act of this Parliament can alter the > provisions of the Imperial law. > [BELL, J.: --- Respondents may perhaps plead that they reprinted the work > from an American edition.] > Even although the tale had been reprinted by the Americans, that would not > destroy the copyright so as to allow its publication in the Herald. It is, > however, for respondents to shew that they printed from an American > edition. > THE COURT granted a rule nisi. > Posteà (August 31st). > A letter was put in from defendants' attorneys stating they did not intend > to oppose. THE COURT made the rule absolute, with costs. > [Applicant's Attorney, A. HUTCHINSON. ] > > Brilliants story > Regards > Heather > > > Heather MacAlister > > Content Manager South Africa / Consultant > > > Ancestry.com<http://www.ancestry.com/> > > P > > 082-8082251 > > > > > > E [email protected]<mailto:[email protected]> > > > > > P. O. Box 455 > > Clanwilliam, 8135, South Africa > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' > without the quotes in the subject and the body of the message > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word > 'unsubscribe' without the quotes in the subject and the body of the message >