FOR NOT ASSIGNING the said C. D. was such sheriff as aforesaid, to wit, on, &c. at, &c. aforesaid, request the said C. D. to assign the said writing obligatory BAIL BOND. to him the said A. B. the plaintiff in the said action, according to the form of the statute in such case made and provided. And although the said A. B. was then and there ready and willing, and then and there offered to pay to the said C. D. the costs payable to him the said C. D. in that behalf, according to the form of the said last mentioned statute; yet the said C. D. so being such sheriff as aforesaid, not regarding the duty of his said office as such sheriff, nor the statute in such case made and provided, but contriving, and wrongfully and unjustly intending to injure the said A. B. in this behalf, and to hinder and prevent him from bringing any action or actions on the said writing obligatory, and to deprive him of the means of recovering the damages (or debt) aforesaid, did not, nor would, at the said time when he was so requested as aforesaid, assign the said writing obligatory to him the said A. B. (h) but on the contrary thereof then and there wholly refused, and hath from thence hitherto wholly neglected and refused so to do, and by means of the premises last aforesaid, he the said A. B. hath been and is hindered and prevented from bringing any action or actions on the said writing obligatory, and hath been and is deprived of the *means of [362] recovering the said damages, and is likely to lose the same, to wit, at, &c. aforesaid.-[If it be doubtful whether a bail bond was taken add a count for an escape, as ante, 349, sèe 7 T. R. 109.] [Commencement as ante, 287.]-For that whereas the said A. B. For infringing before and at the time of the committing of the grievances in this and of a book (1). the copyright the three next succeeding counts hereafter mentioned, was the author and proprietor of the copyright of a certain book, first published within fourteen years last past (h), and entitled, &c. [set forth the title accurately.] And the said A. B. so being the author of the said book as aforesaid, he the said A. B. before the time of the committing of the grievances hereinafter next mentioned, had printed and published for sale divers, to wit, copies thereof, to wit, at, &c. Yet the said C. D. contriving, and wrongfully and injuriously intending to injure the said A. B. and to deprive him of the profits, emoluments, and advantages, which he might and otherwise would have derived and acquired from the sale of the said book, and also to deprive him of the benefit of his said copyright, heretofore, to wit, &c. and on divers other days and times between that day and the day of exhibiting this bill, to wit, at, &c. aforesaid, wrongfully and injuriously published, exposed to (h) Or if the assignment were not sufficient, state "by indorsing the same, &c." as in 4 Ann. c. 16. s. 20. (i) See the Stat. 8 Ann. c. 19. s. 1. -1 East. 358,-7 T. R. 620.-2 Bla. Com. 407.-2 Woodd Vin. Lec. 392 COPYRIGHTS. INFRINGING sale, and sold divers, to wit, copies of a certain other book, or work, intitled, &c. [set forth the title] which said last-mentioned book, or work, had before that time been wrongfully and injuriously copied from the said book of the said A. B. without his consent; by means whereof the said A. B. hath been hindered and prevented from selling divers, to wit, copies of his said book, and his said copyright therein hath been and is greatly injured and damnified, to wit, at, &c. Second count, aforesaid.—And whereas also the said A. B. so being the author and for exposing to sale pirated proprietor of the said first-mentioned book as aforesaid, yet the said C. D. well knowing *the premises, but contriving, and wrongfully and injuriously intending to injure the said A. B. and to deprive him the said A. B. of the profits, emoluments, and advantages which he might and otherwise would have derived and acquired from his said book; and also to deprive him of the benefit of his said copyright therein, heretofore, to wit, on, &c. and on divers other days and times between that day and the day of exhibiting this bill, to wit, at, &c. aforesaid, wrongfully and injuriously exposed to sale, divers, to wit, copies. Other counts. Ninth count, stating that parts of the plaintiff's book were original (j). [*364] copies of a certain other book, or work, intitled, &c. which said last-mentioned book or work had, before that time, been wrongfully and injuriously copied from the said book of the said A. B. without his consent, by means whereof he the said A. B. hath been hindered and prevented from selling divers, to wit, copies of his said book, and his copyright therein hath been and is greatly injured and damnified, to wit, at, &c. aforesaid. In the third count, instead of the words in italics, say, “published and exposed to sale, and sold divers, &c." and instead of the words, "which said last-mentioned book or work, &c." say, which said last-mentioned book or work, &c." "C great part o The forth count simi lar to the third, except that it only states that the defendant, “exposed And whereas also the said A. B. before and at the time of the committing of the grievances in the four counts hereinafter next mentioned, was lawfully entitled to, and had the sole right of printing certain matters respecting the *art of fencing, [or other title or leading subject of that part of the book which was clearly original] first published within fourteen years now last past. in a certain book of the said A. B. intituled, &c. and the said A. B. so having the sole right of printing the said matters in the said last-mentioned book, contained as aforesaid, he the (j) 1 Camp. 94. said A. B. before the time of the committing of the grievances hereinafter next mentioned, had printed and published for sale divers, to wit, copies of the said last-mentioned book, containing the said matters therein, to wit, at, &c. aforesaid. Yet the said C. D. well knowing the premises, but contriving, and wrongfully and injuriously intending to injure the said A. B. and to deprive him of the profits, emoluments, and advantages which he might and otherwise would have derived and acquired from the sale of his said last-mentioned book, and also to deprive him of the benefit of his said sole right of printing the said several matters before-mentioned, heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, wrongfully and injuriously, and without the consent of the said A. B. transcribed, copied, pirated, and printed the said several matters into and in a certain other book, ог work, intituled, &c. and on the same day and year last aforesaid, and on divers other days and times between that day and the day of exhibiting this bill, to wit, at, &c. aforesaid, published, exposed to sale, and sold divers, to wit, copies of the said last-mentioned book, or work, containing the said several matters so wrongfully and injuriously transcribed, copied, and pirated from the said book of the said A. B. without his consent as last aforesaid. By means whereof he the said A B hath been hindered aud prevented from selling divers, to wit, copies of his said book, and his said sole right of printing the said several matters, hath been, and is, greatly injured and damnified, to wit, at, &c. aforesaid. INFRINGING COPYRIGHTS. The tenth, eleventh, and twelfth counts were similar to the above, Other counts. but varying the statements as in the second, third, and fourth counts. [Commencement is as ante, 287.]-For that whereas the said A. B. after the 24th day of June, in the year of our Lord 1777, mentioned in a certain act of parliament made and passed in the parliament of our lord the now king, holden at Westminster, in the county of Middlesex, in the 17th year of the reign of our said lord the king, intituled, “An act for more effectually securing the property of prints to inventors and engravers, by enabling them to sue for, and recover, penalties in certain cases," to wit, on, &c. and before was, and from thence hitherto hath been, and still is, the proprietor of certain prints, which had been theretofore etched in Great Britain, that is to say, of a certain print, intituled,- and of a certain other print, intituled, '9 and of a certain other print, intituled, And the said A. B. during all For infringing the copyright of a print (k). [365] (k) See the statutes 8 Geo. 2. c. 13. s. 1.-7 Geo. 3. c. 38.-17 Geo. 3. c. 57 observed upon in 5 T. R. 41.-7 T. R. 625.-3 Wils. 60.-2 Bla. Com. 407.-2 Woodd. Vin. Lec. 392 to 396. VOL. II. The assignee of a print may sue on COPYRIGHTS. INFRINGING the time aforesaid, had, and was lawfully entitled to, and still hath, and is lawfully entitled to the sole right and liberty of printing and reprinting the said prints, to wit, at, &c. aforesaid. Yet the said C. D. well knowing the premises, but disregarding the statute in such case made and provided, and contriving, and wrongfully and unjustly intending to injure the said A. B. so being the proprietor off the said prints as aforesaid, after the said 24th day of June, A. D. 1777, aforesaid, and whilst the said A. B. was such proprietor of the said prints as aforesaid, to wit, on, &c. aforesaid, and on divers other days and times between that day and the day of exhibiting this bill, to wit, at, &c. aforesaid, did publish, and cause and procure to be published, divers, to wit, copies of each of the said prints, whereof the said A. B. so was the proprietor as aforesaid, without the consent of him the said A. B. and against his will. By means of the committing of which said last-mentioned grievances, he the said A. B. hath been and is greatly injured in his said property in the said prints, and hath lost and been deprived of divers great gains and profits which he would otherwise have derived and acquired by the printing and selling of the said prints, to wit, at, &c. aforesaid. [366] Second count. For the infringement of a patent, by patentee and assignee(). And whereas also the said A. B. so being the proprietor of the said prints, &c. aforesaid; yet the said C. D. well knowing the premises, but contriving and wrongfully and injuriously intending to injure the said A. B. so being the proprietor of, &c.-[Same as the last count from the to the end, but stating only that the defendant "exposed to sale, c." [Commencement as ante, 287.]-For that whereas the said A. B. before, and at the time of the making of the letters patent, and of the committing of the grievances by the said E. F. as hereinafter mentioned, was the true and first inventor of a certain , [describing the invention concisely as in the patent,] to wit, at, &c. and thereupon our said lord the king heretofore, to wit, on, &c. at, &c. aforesaid, by his letters patent, bearing date at Westminster the day and year aforesaid, under the great seal of England, (or “the united kingdom of Great Britain and Ireland," according to the fact,) (and which said letters patent the said A. B. and C. D. now bring here into court, the date whereof is the day and year aforesaid,) (m) reciting, that, &c. [here set forth the recital, the grant of the patent, and the condition as to enrolling a specification, and those clauses which prohibit others from ex (4) These parties may join, 2 Wils. tit. Patent.-8 T. R. 95.-1 T. R. 602. 423.-2 Saund. 115, 116. a.-Ante, -2 H. B. 463.-8 Went. 431. & id. vol. chap. 1.-As to the law relat- Ind. xxxII. ing to pents, see 21 Jac. 1. c. 3.— Bul. N. P. 5th edit. 75.-Com. Dig. (m) As to the profert, see 1 T. R. 149. 1 Saund. 9 b. note 1. PATENTS. [367] D. ercising it; if the recital be long, it should be omitted.] As by the said INFRINGING letters patent, reference being thereunto had, will, amongst other things, more fully and at large appear. And the said A. B. and C. Enrolment of the specificaD. further say, that the said A. B. did afterwards, to wit, on, &c. at, tion(n). &c. aforesaid, in pursuance of the said proviso, and of the said letters patent, by an instrument in writing under his hand and seal, particularly describe and ascertain the nature of his said invention, and in what manner the same was to be and might be performed, and did afterwards, and within one calendar month next, and immediately after the date of the said letters patent, to wit, on, &c. cause the said instrument in writing to be enrolled in his said Majesty's High Court of Chancery, at Westminster, in the county of Middlesex. As by the record of the said instrument in writing now remaining of record in the said high court of chancery more fully appears. (o) And the said Assignment by A. B. of a A. B. and C. D. further say, that the said A. B. afterwards and before moiety of his the committing of the several grievances hereafter mentioned, to wit, interest to C. on, &c. at, &c. aforesaid, by a certain indenture, then and there made between the said A. B. of the one part, and the said C. D. of the other part, which said indenture, sealed with the seals of the said A. B. and C. D. respectively, they the said A. B. and C. D. now bring here into court, the date whereof is the day and year last aforesaid, for the considerations therein mentioned, did amongst other things, assign, transfer, and set over unto the said C. D. one moiety of, &c. [state the words of the assignment.] As by the said indenture, reference being thereunto had, will, amongst other things, more fully and at large appear. And the said A. B. and C. D. further say, that the said A. B. did always, from the time of the making the said letters patent as aforesaid, until the making of the said indenture, by himself, his deputies, servants, and agents in that behalf, make, use, exercise, and vend his said invention, to wit, at, &c. aforesaid, [and that they the said A. B. and C. D. have always, from the time of making the said indenture hitherto, by themselves, their deputies, servants, and agents made, used, exercised, and vended the said invention to their great advantage and profit, to wit, at, &c. aforesaid ()]. Yet the said E. F. *well knowing the premises, but contriving, and wrongfully and injuriously intending to injure the said A. B. and C. D. and to deprive them of the profits, benefits, and advantages which they might and otherwise would have derived and acquired from the making, using, exercising, and vending of the said invention, after the making of the said letters patent, and of the said indenture, and within the said term of years in the said letters patent mentioned, to wit, on, &c. and on divers other days and times between that day and the day of exhibit [368] (n) What is a sufficient specifica- Wentw. 430 tion. 11 East. 101. () The allegation between the (0) Quære this allegation in 8 brackets is sometimes omitted. |