The Sun.
London, England, 1846-07-15 00:00:00

PROCEEDINGS UNDER THE

COPYRIGHT ACT.

At Bow-street yesterday, Mr. James Wyld, map engraver
and publisher, of Charing-cross, appeared before Mr. Jar-
dine, upon an information made by Sir Henry Ellis, princi-
pal librarian of the British Museum, under the newly
amended Copyright Act, for having wilfully neglected to
send, within a month after the publication of certain maps,
a correct copy of each, whereby, in case of conviction, he
rendered himself liable to a penalty amounting to the value
of each publication, in addition to a further penalty of not
more than 51.

Mr. Baldwin appeared as Counsel to prefer the complaint,
and Mr. Serjeant attended on the part of the defendant.
Mr. Baldwin said that the information upon which the
present proceedings were instituted consisted of four counts,
the first of which was, that on the 9th of April, in the
present year, the defendant published a map of the United
States, relative to the Oregon and Texas, and a post-
map of Europe, and on the 13th of January, three maps of
the route through the Punjaub and the adjoining territory,
and on the 31st of March the position of the British army
on the banks of the Sutlej, none of which were in any
form delivered to the trustees of the British Museum. A
circular, in the usual way, had been forwarded to the defend-
ant, calling his attention to the provisions of the late Act, of
which he, however, took no notice, although on former occa-
sions maps had been delivered by him without any such
notice. He was bound to admit that the trustees had con-
sidered it preferable to institute proceedings against such a
distinguished publisher as the defendant, instead of per-
sons of less repute, and from the evidence he was about to
produce he had no hesitation in concluding that the Court
would admit the Justice of the claim.
Mr. William Ching, clerk to Messrs. Bray, Warren, and
Harding, solicitors to the British Museum, stated that on the
13th of April last he went to the defendant's shop, where he
purchased the map produced relative to the United States,
and the Oregon and Texas, the name and address of the de-
fendant, with the date, being at the bottom. He also pur-
chased for 135., on the 14th of May, the post-map of Europe,
the date being January 13. The routes through the Punjaub
he purchased on the 30th of April for 45., which was pub-
lished by the defendant on the 4th of March last. The
sketch of the British armies on the banks of the Sutlej he
bought for ls. 6d. on the 31st of March last, and he served a
notice on the defendant to attend in case it was deemed
necessary.
In answer to the defendant, witness said that he asked if
they were the last editions.
Mr. Merver Cowter said that it was his duty to receive for
the trustees of the British Museum all the works they were
entitled to under the Amendment Copyright Act. The four
maps specified in the information had not been delivered to
him by the defendant. There was no other officer autho-
rised to receive such works, and particular hours were set
apart for that purpose. Since the month of June, 1845, only
live maps had been delivered by him, and two others in the
month of October last. Witness recollected having sent by
post a circular calling his attention to the provisions of the
Act.

In cross-examination by the defendant, witness said
that every map or book usually passed through his
hands, and in case he was absent from his room, per- 1
sons were in attendance who would give receipts, which
were prepared by him. He might be absent from his duties
one month in every year, and it frequently happened
that books and other works were left without receipts been
given for them, but in the present instance there were no
enteries in the books that the maps produced had been re-
ceived. He had received the " Dispatches of Gen. Hardinge
from India" produced, which contained a map, but could not
say that he had received " Putman's American Facts," also
containing a map relative to the position of the United States,
and the Oregon and the Texas, nor the " Memorandums and
Voyages in Asia," which also contained a map.
Mr. G. Harding produced, under seal from the Trustees of
the British Museum, an authority to lay the information.
Cross-examined—When he called at the shop, the defend-
ant told him that he would be most happy to furnish the
Museum Is ith a copy of every map he published, if a list was
brought to him.
Mr. Baldwin said that was the case on the part of the com-
plainant a.
The defendant called the attention of the Court to the Bth
clause of the Act, and said that he was called upon to defend
a great principle, not only involving the interests of persons
in the same trade, but also the public at large. It was pre-
posterous to suppose that when the Copyright Bill was
brought in by Sergeant Talfourd, that every work indiscrimi-
nately should in future be deposited in the public archives,
as alterations and additions apparently trifling were obliged
to be introduced almost daily into works which he publishes
and if by the provisions of such an Act he was called upon to
supply a copy of each, the Museum, large as it was, would
not be sufficient to contain them. The map respecting the
Oregon and Texas had been originally published at Wash-
ington, and republished by him, and as to the post-map of
Europe, it was published in the year 1840, but underwent
great alteration, not however a new edition, in consequence
of the late increase of railroads. As to the map of the
Punjaub, it was compiled for his own use, and he supplied it
to Baron Hugel for his book. The same might be observed
respecting the dispatches of General Hardinge, which
was published by 011ivier, of Pall-mall ; and as regarded
the other, he considered it unreasonable on the part of
the trustees to attempt to contend that they were entitled to
a copy of simply a map, upon which some alterations or ad-
ditions were absolutely necessary, which was not the case
with a book ; and anxious as he was to show every courtesy
to the trustees, if they compelled him to complywith the pro-
visions of the Act, he would be compelled to remove his
establishment to Paris, in case he was obliged to furnish the
Museum with every copy of every work he was called upon
to publish.
Mr. Baldwin, in reply, observed that the maps in question
had been sold singly over the counter, as appeared in proof,
independently of which the defendant had disposed of others
to certain publishers. There were no alterations in them,
and had they been sent to the Museum, it was the fault of
the person leaving them if he neglected to obtain the re-
ceipts in the usual way. He maintained that the Act had a
retrospective meaning; nor was it contended, setting altera-
tions and additions out of the question, that any maps had
been sent which disentitled him to a judgment in favour of
the complainant s.
Mr. Serjeant drew the attention of the magistrate to the
fact that the maps had not been entered at Stationers' Hall,
and, consequently, there could be no copyright, which pre-
vented the trustees from recovering.
Mr. JARDINE replied that the provisions of the Act were
quite explicit upon the subject, and the defendant might
have secured himself in that manner if he thought proper,
and the only doubt he entertained upon the subject was con-
cerning the post-map of Europe, which was published an-
terior to the passing of the Act.
After considerable discussion,
Mr. JARDINE said there could be no doubt that the defen-
dant was obliged by the Act to deliver copies of his works,
whatever they might be, to certain bodies, and although the
defendant had contended that the maps were separate pub-
lications, it was clear they had been published as such after
Putnam's work had been published. The post-roads was
another which could not be termed separate, but when the
defendant called it so, he put himself out of court. The
same remark related to the map of the Punjaub, and also to
the work on the war in India, which was the same map that
had been published in the book, and as the maps bad been
published in the shop, it was a matter of regret that the
trustees had not brought an action as for a debt, instead of
coming before a magistrate on such an important question.
He was bound under the evidence that had been adduced, to
convict the defendant in the full value of each copy, namely,
35., 135., 45., 145., and also the sum of 20s. upon each of the
maps.
Mr. Wyld inquired if there was no appeal..
Mr. JARDINE replied he was not sure, but it was worth in-
quiring into, and no time should be lost.
Mr. Baldwin applied fer costs.
Mr. JARDINE hoped there was no occasion to make an
order respecting costs with such a body as the trustees of the
British Museum.
Mr. 'Wyld complained, that as the trustees of the British
Museum had made an unexpected claim, he ought, in fair-
ness, to be furnished with a list of the maps claimed ; and
having given a cheque for the amount of the several penal-
ties, the parties left the Court.

EXTRAORDINARY GALE. —At Brighton yesterday
mottling, shortly after the flow of the tide, the wind, which
had been blowing for three hours from the south-west, in-
creased to a gale, to the manifest danger of a fleet of mack-
erel boats which were at anchor in the roads. The masters
and crews were seen running to the shore, and small boats
were manned on the sand, and attempted to be sent off to
the vessels, all of which were without a hand, One of
these was capsized, and it was at once seen that any attempt
to put mon on board in this way would be ineffectual.
Meanwhile, three of the fishing vessels were swamped, and
two of them having broken from their moorings, came
ashore ; one near the Chain Pier, the other opposite the
Gun Hotel, where the breakers commenced their work
of destruction. The water, however, having as yet
barely covered the sand, the crews from the shore
rushedinto the sea, and soon hauled the damaged
boats ashore. All this time the perils of those which still
' held to their anchors was increasing; and, at length the
Royal Humane Society's life-boats, manned by the coast-
guard, under Lieutenant Pratt, took out crews and put them
on board at great danger, owing to the violence of the wind
and waves. The crews once on board, ran the boats imme-
diately on the sand, whence, by means of the ordinary ap-
pliances, capstans, &c., they were hauled high and dry. The
gale abated almost as suddenly as it rose ; but we regret to
state that an accident, which had a fatal termination, oc-
curred before it had quite subsided : a man named Price was
knocked overboard by the barge of the Caroline, belonging
to Mr. Henry Pocock, and although his son gallantly jumped
overboard twice to his rescue, he was not taken out of the
water till life was extinct.