Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

Bibliographic data

Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

1232 ADMINISTRATION AND LEGISLATION [PART V Messrs. Adam & Charles Black and the Clark Company, Limited, brought an action against them on September 18, 1901, in the High Court of Ontario, claiming that they were infringing their copyright in the work by importing into Canada reprints of the Encyclopaedia Britannica printed in the United States. It was urged on behalf of the Imperial Book Company that there was no sufficient registration of the work at Stationers’ Hall, and that the notice in writing required by s. 152 of the Imperial Customs Consolidation Act, 1876, to be given to the Commissioners of Customs in Canada when an author desired to secure that reprints of his work should not be imported, had not been correctly given. They also contended that, since the passing of the British North America Act, 1867, the Parliament of Canada had had authority to legislate for Canada in regard to copyright and to override the Imperial Acts prior to 1867, and that the respondents had not complied with the requirement of the Canadian Statutes, and that accordingly they were not entitled to relief. The action was tried at Toronto on September 3, 1902, by Mr. Justice Street, who dismissed the claim with costs, on the ground that the notice given by the plaintiff to the Commissioners of Customs under s. 152 of the Customs Consolidation Act, 1876, was defective in that the date of the expiration of the copyright was incorrectly stated. The plaintiff, however, subsequently obtained leave to re-argue the case, and on January 26,1903, Mr. Justice Street delivered a second judgement! giving judgement in favour of the plaintiff, restraining the Imperial Book Company from :mporting and selling the Encyclopaedia, and directing the delivery up of unsold copies and an account of profits. In his judgement Mr. Justice Street decided that s. 152 of the Imperial Customs Consolidation Act, 1876, had never been in force in Canada because of s. 151 of the same Act, which provided that the Imperial Customs Act should extend to and be of full force in the several British possessions abroad except when any possession had made entire provision for *50., R. 184,

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 3)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation