Page:Federal Reporter, 1st Series, Volume 3.djvu/29

 S2 FBDEBàL kepobteb. �here shown, in ail descriptions of unstamped vessels, it would have been easy to say so. That it was not said so, leaves no room to doubt that it was not so intended. If thia were open to doubt, however, it could not be forgotten that those who claim a forfeiture must be prepared to show a plain war- rant for it. ���Johnson v. Donaldson. �(CircuU Court, 8. D. Nem York. July 15, 1880.) �1. CoPTKiOHT — Chromos — Bvidencb — Rev. St. } 4965.— In an action for penalties and forfeitures, for the breach of a copyright of certain cliromos, under section 4965 of the Revised Statutes, the defendant cannot be compelled to produce in evidence his books of account, photographie plates and copies of printed chromos. �3. Same — Bamb. — The publication and sale of chromos designed from a picture f ound in a foreign publication do not constitute a breach of copyright of similar chromos where such copyright was obtained after the circulation of such foveign publication. �Motion for New Trial. �Wallace, D. J. The plaintiflf, the proprîetor of a copy- right of the chromos called "Taking Advantage of the Situa- tion," brought this action against defendant for publishing and seliing copies of the same without the plaintiff's consent, asking judgment for the penalties, and for the forfeiture of the plates on which the chromos were copied, pursuant to sec- tion 4965 of the Eevised Statutes of the United States. Upon the trial the jury found for the defendant, and the plaintiff bas moved for a new trial, alleging errora in the rulings on the trial, and insisting that the verdict was against the evi- dence. �Upon the trial the plaintiff attempted, by a subpœna duces tecum, to compel the defendant to produee his books of ac- count, photographie plates, and the copies of the printed chromos claimed to be in his possession, to be used as evi- dence for the plaintiff, and the court ruled that, as the action was for penalties and a forfeiture, the defendant could not be compelled to furnish evidence against himself, It is now argued that this was error. ����