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section shall be published in the "Natal Government Gazette," and shall be laid before the Legislative Council and Legislative Assembly as soon as may be after they are made.

8.* Whenever the Governor shall, by Proclamation in the "Natal Government Gazette," declare that a Treaty exists between Great Britain and any foreign country for the mutual extradition of fugitive criminals, and that such Treaty contains reciprocal provisions similar to the provisions of this Act, this Act shall apply in respect of such foreign country as if such foreign country were named in the second section of this Act as Germany is therein named.

Given at Government House, Natal, this 1st day of July, 1895. By command of his Excellency the Governor,

JOHN ROBINSON, Colonial Secretary.

ACT of the Government of Natal, to secure the Right of Property in Telegraphic and other Messages.

[No. 36.]

[September 21, 1895.] (L.S.) WALTER HELY-HUTCHINSON, Governor. WHEREAS it is expedient to secure the right of property in telegraphic messages:

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Natal, as follows:

1. Whenever there shall be received at any office of the Telegraph Department any messages transmitted by telegraph for the purpose of publication in any newspaper or other printed paper, printed or published in the Colony of Natal, no person or persons shall, without the consent, in writing, of the person or persons, or the proprietor or proprietors of such newspapers, to whom such message shall be addressed, or his or their agent thereto lawfully authorized, print or publish, or cause to be printed or published, such telegraphic message, or the substance thereof, or any extract therefrom, until after a period of seventy-two hours from the time of the first publication of such message by the person or persons entitled to publish the same: Provided that such period shall not extend beyond fifty hours from the time of the receipt as aforesaid at such office of such message (Sundays excepted): Provided further that the publication of the whole or any part of such telegraphic message, or of the substance thereof, or (excepting the publication

* Amended by Act No. 4 of 1896, page 893.

of any similar message in like manner sent and lawfully received by the person or newspaper publishing the same) of the intelligence therein contained, shall be deemed to be a publication thereof.

2. If any person or persons print or publish, or cause to be printed or published, any matter contrary to the provisions of this Act, he or they shall, upon conviction, be liable to a penalty not exceeding 201., and, in default of payment of such fine, to imprisonment for a term not exceeding three months, and any person or persons who shall be convicted of any subsequent offence against this Act shall be liable to a penalty not exceeding 407., and, in default of payment of such fine, to imprisonment for a term not exceeding six months.

3. Every telegraphic message published under the protection of this Act shall be published under the heading of "By telegraph or "Telegrams," and the day of its dispatch shall be stated, and such statement, together with date of publication, shall be primá facie evidence of the dispatch and publication respectively of such

message.

4. During the period of fifty hours above mentioned, no intelligence protected by this Act, shall be transmitted by telegraph to any person or persons for publication by or on behalf of any person or persons, other than the proprietor or proprietors of the newspaper, who, under the provisions of this Act, shall be entitled to the exclusive use of such intelligence, and any person or persons contravening the provisions of this section shall, upon conviction, as in the second section mentioned, be liable to a penalty of not exceeding 201. for the first offence, and not exceeding 401. for any subsequent offence, and, in default of payment of fines, to imprisonment as aforesaid.

5. In any prosecution under this Act, the production of any document which purports to be such a telegraphic message as is by this Act protected, and which purports to have been delivered to the newspaper or person or persons lawfully entitled to receive the same by the Telegraph Department, shall be prima facie evidence that such message is a message within the meaning of this Act.

6. The protection provided in section 1 of this Act to messages transmitted by telegraph, shall extend also to messages transmitted by pigeon and other special dispatch.

7. This Act may be cited as "The Telegraphic Messages Copyright Act, 1895,"

Given at Government House, Natal, this 21st day of September,

1895.

By command of his Excellency the Governor,

JOHN ROBINSON, Colonial Secretary.

ACT of the Government of Natal, to amend "The Extradition

[No. 4.]

Act, 1895."*

[May 23, 1896.]

(L.S.) WALTER HELY-HUTCHINSON, Governor. WHEREAS it is expedient to amend "The Extradition Act,

1895:"

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Natal, as follows:

1. Section 8 of "The Extradition Act, 1895," is hereby amended by deleting the following words, that is to say:

"And that such Treaty contains reciprocal provisions similar to the provisions of this Act;"

And by substituting in place thereof the words following, that is

to say:

"And that it is intended to apply this Act in the case of such foreign country."

Given at Government House, Natal, this 23rd day of May, 1896.

By command of his Excellency the Governor,

JOHN ROBINSON, Colonial Secretary.

ACT of the Government of Natal, to protect the Rights of
Authors of Literary and Artistic Works.†

[No. 9.]

[June 1, 1896.] (L.S.) WALTER HELY-HUTCHINSON, Governor. WHEREAS it is expedient to protect the rights of authors of literary and artistic works:

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Natal, as follows:

1. This Act shall take effect from and after a date to be proclaimed by the Governor, and may be cited for all purposes as "The Copyright Act, 1896."

2. Ordinance No. 14 of 1856 is hereby repealed.

3. In the construction of this Act

The expression "literary and artistic work" means every book,

* Page 889.

+ Repealed and re-enacted by Act No. 17 of 1897, which will be given in a subsequent volume.

print, lithograph, article of sculpture, dramatic piece, musical composition, painting, drawing, photograph, and other work of literature or art;

The expression "author" means the author, inventor, designer, engraver, or maker of any literary or artistic work; and includes any person claiming through the author, and in the case of a posthumous work means the proprietor of the manuscript, plate, or design of such work and any person claiming through him;

The word "book" shall be construed to mean and include every volume, part, or division of a volume, pamphlet, sheet of letterpress, sheet of music, and map, chart, or plan separately published;

The word "copyright" shall be construed to mean the sale and exclusive liberty of multiplying copies of any literary or artistic work; and

The word "assigns" shall be construed to mean and include every person in whom the interest of an author in copyright shall be vested, whether derived from such author before or after publication, and whether acquired by sale, donation, legacy, or by operation of law or otherwise.

4. The copyright in every literary and artistic work which shall, after the passing of this Act, be published in the lifetime of its author, shall endure for the natural life of such author, and for the further term of five years, commencing at the time of his death, and shall be the property of such author and his assigns: Provided always, that if the said term of five years shall expire before the end of thirty years from the first publication of such book, the copyright shall in that case endure for such period of thirty years.

5. The copyright in every literary and artistic work which shall be published after the death of its author, shall endure for the term of thirty years from the first publication thereof, and shall be the property of the proprietor of the author's manuscript or design from which such work shall be first published, and his assigns.

6. A registry book wherein may be registered, as hereinafter enacted, the proprietorship in the copyright of literary and artistic works and assignments thereof, shall be kept by the Registrar of Deeds, in his office in Pietermaritzburg, and shall at all convenient times be open to the inspection of any person on payment of 1s. for every entry, which shall be searched for or inspected in the said book of registry; and the Registrar of Deeds shall, whenever thereunto reasonably required, give a copy of any entry in such book, certified under his hand, to any person requiring the same, on payment to him of the sum of 5s.; and such copies so certified shall be received in evidence in all Courts, and shall be primâ facie proof

of the proprietorship or assignment of copyright as therein expressed and of the matters therein stated, but subject to be rebutted by other evidence.

7. It shall be lawful for the proprietor of copyright in any literary or artistic work heretofore published, or in any literary or artistic work hereafter to be published, to make entry in the registry book aforesaid of the title of such work, the time of the first publication thereof, the name and place of abode of the publisher thereof, and the name and place of abode of the proprietor of the copyright of the said work, or of any portion of the said copyright, upon payment to the Registrar of Deeds of the sum of 58.; and it shall be lawful for such registered proprietor to assign his interest or any portion of his interest therein, by making entry in the said registry book of such assignment, and of the name and place of abode of the assignee thereof, on payment of the like sum, and such assignment so entered shall be effectual in law to all intents and purposes whatsoever, without being subject to any stamp or duty, and shall be of the same force and effect as if such assignment had been made by deed or other instrument.

S. If any person shall deem himself aggrieved by any entry made under colour of this Act in the said registry book, it shall be lawful for such person to apply by motion to the Supreme Court in term time, or to any Judge of the Supreme Court in vacation, for an order that such entry may be expunged or varied, and thereupon such Court or Judge shall make such order for expunging, varying, or confirming such entry, either with or without cost, as to such Court or Judge shall seem just; and the Registrar of Deeds shall on the production to him of any such order for expunging or varying any such entry, expunge or vary the same accordingly.

9. If any person shall print or produce, or cause to be printed or produced, any literary or artistic work in which there shall be registered copyright without the consent in writing of the proprietor thereof, or shall import for sale from parts beyond the Colony any such work so printed or produced in parts beyond the Colony, or knowing such work to have been so unlawfully printed, produced, or imported, shall sell, publish, or expose for sale, or shall have in his possession for sale, any work or copy of any work so unlawfully printed, produced, or imported, without such consent as aforesaid, such offender shall be liable to an action for damages at the suit of the proprietor of such copyright.

10. All copies of any literary or artistic work wherein there shall be copyright, and of which an entry shall have been made in the said registry book, and which shall have been unlawfully printed, produced, or imported without the consent of the registered proprietor of such copyright in writing under his hand first obtained,

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