Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (3): Acts from 1834 to 1853 (London, 1854)

A.D. 1847.] ACT XX. 263
ment of the East-India Company, to a suit in the ziilah court within the
jurisdiction of which he shall have so offended, which shall and may be
prosecuted in the same manner in which any other action of damages may
be brought and prosecuted there; and if he shall have so offended in any
such last-mentioned part of the territories subject to the Government of
the East-India Company in which there is no ziilah court, to a suit in the
highest local court exercising original civil jurisdiction in such part of the
said territories.
VIII. And it is hereby enacted, that after the passing of this Act, in any
suit or action brought in any of the courts of judicature established by her
Majesty's charter, under the provisions of this Act, against any person for
printing any such book for sale, hire, or exportation, or for selling, pub-
lishing, or exposing to sale or hire, or causing to be sold, published, or
exposed to sale or hire, or for having in his possession for sale or hire any
such book so unlawfully printed, the defendant on pleading thereto shall
give to the plaintiff a notice in writing of any objections on which he
means to rely on the trial of such action, and if the nature of his defence
be that the plaintiff in such action was not the author or first publisher of
the book in which he shall by such action claim copyright, or is not the
proprietor of the copyright therein, or that some other person than the
plaintiff was the author or first publisher of such book, or is the proprietor
of the copyright therein, then the defendant shall specify in such notice
the name of the person who he alleges to have been the author or first
publisher of such book, or the proprietor of the copyright therein,
together with the title of such book, and the time when and the place
where such book was first published ; otherwise the defendant in such
action shall not at the trial or hearing of such action be allowed to
give any evidence that the plaintiff in such action was not the author
or first publisher of the book in which he claims such copyright as
aforesaid, or that he was not the proprietor of the copyright therein;
and at such trial or hearing no other objection shall be allowed to be
made on behalf of such defendant than the objections stated in such
notice, or that any other person was the author or first publisher of
such book, or the proprietor of the copyright therein, than the person
specified in such notice, or give in evidence in support of his defence any
other book than one substantially corresponding in title, time, and place
of publication, with the title, time, and place specified in such notice.
IX. And it is hereby enacted, that after the passing of this Act, in any
such suit or action as last aforesaid, brought in any Ziilah Court or other
local court as aforesaid, the defendant shall state in his answer all such
matters as he means to rely on, and which, by the last preceding section,
the defendant in any suit or action brought in any of the courts of judi-
cature established by her Majesty's charter is required to give notice of in
writing, otherwise such defendant shall be subject to the same conse-
quences for any omission in his answer as a defendant is made subject to
by the last preceding section for any omission in his notice.
X. And it is hereby enacted, that when any publisher or other person
shall, within the said territories, before or at the time of the passing of this

*

Proceedings to be
held in her Majesty's
courts.

East-India Company's
courts.

Protection of copy-
right in articles in
encyclopaedias and pe-
riodical works.