26
The first is the Ordinance No. 4 for 1844 entitled "An Ordinance for the better .administration of justice in civil cases, and to extend and define the jurisdiction and powers of the Supreme Civil Court," and the second is the Ordinance No. 22 for 1865 entitled "An Ordinance to amend and consolidate the laws relating to the Customs."
By the first Ordinance it is enacted "that every person shall be entitled to have the like.relief in equity, or the like remedy by action at law, as he would be entitled to and have in the like case in England;" and as the first Ordinance was passed after the statute of the fifth and sixth of the Queen, chapter 45, all rights of action arising under that statute would necessarily be introduced by the said Ordinance.
By the second Ordinance "Books, wherein the copyright shall be first subsisting, first composed or written or printed in the United Kingdom, and printed or reprinted in any other country, and which shall be named in any printed list of such books made by the Commissioners of Her Majesty's Customs," are prohibited to be imported.
I have no suggestions to offer on the draft Bill sent me, but I conceive that on the advent of a period when persons in this country shall require the benefit of such a law, its provisions will be useful and sufficient.
My Lord,
27
.BAHAMAS.
No. 9.
Governor Henessy, C.M.G., to the Earl of Kimberley.-(Received October 29.)
Government House, Nassau, September 16, 1873. IN reply to your Lordship's Circular despatch of the 29th of July, I have the honour to state that, after consulting the Attorney-General respecting the draft Bill for amending the Copyright Act (1842), I am of opinion that it will be a useful measure, as far as this Colony is concerned.
I have, &c.
(Signed) J. POPE HENNESSY.
PUBLIC RECORD OFFICE
Reference -
C.O.885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
The Hon J. Scott Busha, Colonial Secretary.
My Lord,
I have, &c.
(Signed)
M. MAXWELL PHILIP,
Acting Atttorney-General.
BARBADOS.
No. 8.
Governor Rawson, C.B., to the Earl of Kimberley.-(Received October 24.)
Windward Islands, Barbados, September 20, 1873. WITH reference to your Lordship's Circular despatch of the 29th July last upon the subject of the Imperial Copyright Act of 1842, I have the honour to submit copy of a report from my Law Officers, which explains the position of this Colony as regards the Act in question, and the effect which the passing of the proposed amending Act would have upon the Colonial law. There will be no difficulty in passing an Act here to assimilate the local to the Imperial legislation on the subject.
I have, &c. (Signed)
Inclosure in No. 8,
Opinion of the Law Officers.
RAWSON W. RAWSON.
THE Act of this Island No. 257, which authorizes the importation into the Island of foreign reprints of books printed or published in the United Kingdom was passed under the authority of the Imperial statute 10 and 11 Vict., cap. 95. That statute suspends the operation in certain cases, and on certain conditions, of the statute 5 and 6 Vict., cap. 45, which prohibits the importation into any British possession of books composed, printed, or published in the United Kingdom, wherever there is copyright, and reprinted in any other country. As the Bill proposed by Her Majesty's Government repeals the statute 10 and 11 Vict., cap. 95, and is to form one with the statute 5 and 6 Vict., cap. 45, and will extend to all parts of the British dominions; the passing of it will necessitate legisla tion here, and such an Act as is mentioned in the 8th section of the new Bill will probably be sufficient.
(Signed)
JOHN SEALY, Attorney-C
-General.
CHARLES PACKER, Solicitor-General,
JAMAICA.
No. 10.
Governor Sir J. P. Grant, K.C.B., to the Earl of Kimberley.-(Received' October 30.) My Lord,
King's House, October 6, 1873. I HAVE the honour to acknowledge the receipt of your Lordship's despatch of the 29th of July last, forwarding the draft of a Bill to amend the "Copyright Act of 1842," which it is proposed to introduce into Parliament, and on which I am asked to furnish any suggestions I may desire to offer.
2. In reply I have the honour to observe that there is now in operation in Jamaica an Act (22 Victoria, chapter 21) duly assented to by Her Majesty in Council on the 23rd of April, 1859, which is founded on the Imperial Act 10 and 11 Victoria, chapter 95, the provisions of which latter Act, in regard to the importation of foreign reprints into this island, are very similar to those contained in the 8th section of the proposed Bill If, therefore, an Order in Council were made under this section, it would seem that the position of Jamaica, in the matter of the introduction of foreign reprints, would be much the same as it is at present.
3. It appears to me that if the draft Bill is passed into law as it stands, there might be some question as to its effect upon the Jamaica Act before alluded to. The Bill sceins to assume that fresh legislation in the Colonies will be necessary, but it is not so stated, nor is it declared what will be the effect upon Colonial legislation under 10 and 11 Victoria, chapter 95, of the repeal of that statute, and possibly it might be expedient to add to the proposed Bill some provision to continue in force existing Colonial Acts respecting foreign reprints, passed under the 10 and 11 Victoria, chapter 95, if the conditions are such as would entitle the Colony to an Order in Council under section 8, in the same manner as if such Colonial Acts had been passed subsequently to the proposed Bill becoming law.
4. So far, therefore, as Jamaica is concerned, I am not aware of any objection that might be urged against this measure, so long as the principle upon which it is founded is maintained.
(Signed)
I have, &c.
J. P. GRANT.
Sir,
ST. VINCENT.
No. 11.
Lieutenant-Governor Rennie to Governor Rawson, C.B.-(Received October 30.)
Government House, St. Vincent; September 20, 1873.
I HAVE the honour to acknowledge the receipt of the Earl of Kimberley's Circular despatch of 29th July last, inclosing a draft Bill to amend "The Copyright Act of 1842."
Page 540Page 541
28
2. This Colony can have but little interest in the question, as it would be quite impossible to publish any book in St. Vincent; but the Colonial Legislature will, I fancy, readily afford the necessary protection to authors and owners of copyrights in other countries.
3. Two local Acts, No. 88 of 1852 and No. 223 of 1864, passed under the Imperial Statute 10 and 11 Victoria, chapter 95, provide already for this protection, and it would only seem necessary, in the event of the proposed amended Copyright Act being passed, to repeal those laws and re-enact somewhat similar ones.
I have, &c.
Sir,
ST. LUCIA,
No. 12.
(Signed)
W. H. RENNIE.
Administrator Diel to Governor Rawson, C.B.-(Received November 14.)
Government Office, St. Lucia, October 20, 1873.
I HAVE the honour to acknowledge the receipt of the Earl of Kimberley's Circular despatch of the 29th of July last, inclosing copy of a despatch addressed by his Lordship to the Governor-General of Canada on the question of Copyright, together with the draft of a Bill to amend the "Copyright Act of 1842," which it is proposed to introduce at an early period of the next session of the Imperial Parliament.
2. In reply I beg to state, for the information of his Lordship, that I have submitted the proposed measure to the Legislative Council, and that they have expressed their entire approval of it. No suggestions occur to me to offer upon the Bill.
I have, &c.
(Signed) MACNAMARA DIEL.
HONDURAS.
No. 13.
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TURKS AND CAICOS ISLANDS.
No. 14.
President Campbell to Governor Sir J. P. Grant, K.C.B.-(Received November 28.) Sir,
Government House, Grand Turk, October 17, 1873. IN continuation of my despatch No. 71, having reference to certain Circular despatches from Downing Street, directing that the Legislature of this Colony should pass certain Ordinances in conformity with instructions from the Secretary of State for the Colonies, I beg to state that, as these Islands will so immediately form part of the Colony of Jamaica, it is undesirable for any action to be taken by the Legislative Council regarding the exemption of transports from port dues, as was directed to be done by Circular despatch.
2. I will keep your Excellency informed regarding the various Laws or Ordinances which have been suggested to be passed by this Government.
3. The following Jamaica Laws, it appears to me. should be extended or made appli-
cable to these Islands by the Jamaica Government on annexation taking place:
"Letters Patent;"
"
Proposed Convention with the German Empire;"
Regarding Friendly Societies ;"
"Regarding Transports not being charged Port Dues in British Colonies;'
Copyright Act of 1872;"
**
"Regarding Property held in Trust by Colonial Bishops."
4. Your Excellency must be aware how helpless) I have been for some time past without the assistance of a Legal Adviser, and though I might have claimed the aid of the Judge to draft the requisite Ordinances, his plea of ill-health when he is most required prevents my doing so.
5. It will be to me a matter of great congratulation when this Colony secures the services of a really efficient Judge. I can assure your Excellency I have had to exercise the greatest self control to prevent bringing matters to a crisis with the Acting Judge. Anything of that sort is to be avoided now that the contemplated changes in the form of this Government are about taking effect.
I have, &c.
(Signed) MELFORT CAMPBELL.
Lieutenant-Governor Cairns to Governor Sir J. P. Grant, K.C.B.-(Received November 14.)
Sir,
Government House, Belize, October 4, 1873.
I HAVE the honour to acknowledge the receipt, by last month's mail packet, of the Circular (2) despatch dated the 29th July, with which were transmitted a copy of a despatch addressed by Lord Kimberley to the Governor-General of Canada, and the draft of a Bill to amend the Copyright Act of 1842, which it is proposed to introduce early in next Session.
2. The projected legislation in regard to copyright cannot but be beneficial, so far as such a measure would have operation in British Honduras, by greatly increasing the value of any literary work which may be first published in the Colony, and, in the event of the Jocal Legislature remaining inactive under the powers proposed to be given, by leaving undisturbed the prohibition against the importation of foreign reprints of works in which British copyright is subsisting.
3. The Attorney-General, with whose assistance I have considered the subject, is not prepared to offer any suggestion for the improvement of what he rightly characterizes, as I think, a "maturely elaborated scheme."
I have, &c.
(Signed) W. W. CAIRNS.
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