Page:Copyright, Its History And Its Law (1912).djvu/628

 596 COPYRIGHT

Penalty: Two years' imprisonment. Request to 56. Request to police to seize pirated books and works. —

P**^"^ (i.) The owner of the copyright in any book or artistic

work or the agent of such owner appointed in writing may, in accordance with the prescribed form, request that any pirated reproductions of the book or work be seized by the police, and may lodge the request at any police station.

(2.) Any police constable in the town or district in which the police station is situated (whether in the service of the Commonwealth or a State), may, at any time in the day time within seven days after the request was so lodged, seize all pirated reproductions of the book or work men- tioned in the notice, and all reproductions of the book or work which he has reasonable ground to believe are pirated reproductions, found by him in the possession of any per- son other than the owner of the copyright in the book or work.

(3.) Every police constable who seizes any books or works in pursuance of this section shall forthwith bring all such books or works before a court of summary jurisdic- tion.

(4.) A court of summary jurisdiction may, on the appli- cation of any person interested, make such order for the disposal of the books or works as he thinks just.

(5.) A person shall not lodge any request at any police station in accordance with this section without just cause.

Penalty : Twenty pounds.

(6.) In any prosecution under sub-section (5) of this sec- tion the defendant shall be deemed to have lodged the re- quest without just cause unless he proves, to the satisfac- tion of the court at the hearing, that at the time of lodging the request he was the owner of the copyright in the book or artistic work, or was the agent of such owner appointed in writing and had reasonable ground to believe that pi- rated reproductions of the book or work were being unlaw- fully sold, or let for hire, or exposed or offered or kept for sale or hire, or distributed, or exhibited in public, in the town or district in which the police station is situated.

57. Application of penalties. — Where proceedings for