Page:The copyright act, 1911, annotated.djvu/115

 Summary Remedies. 10

forfeited by offenders, pursuant to this Act. may §11.

be recovered by the person herein-before em-

powered to recover the same respectively, and here- in-after called the complainant or the complainer, as folloAvs:

In England and Ireland, either by action against In England the party offending, or by summary proceed- ^^^ Ireland, ing before any two justices having jurisdic- tion wdiere the party offending resides: In Scotland by action before the Court of Session In Scotland. in ordinary form, or by summary action before the sheriff of the county- where the offence may be committed or the offender re- sides, tvho; upon proof of the offence or offences, either bij confession of the party offending, or by the oath or affirmation of one or more credible witnesses, shall convict the offender, and find him liable to the penalty or penalties aforesaid-, as also in expenses, and it shall be lawful for the sheriff in pronounc- ing such judgment for the penalty or penal- ties and costs, to insert in stich judgment a warrant, in the event of such penalty or penal- ties and costs not being paid, to levy and recover the amount of the same by poinding : Provided always, that it shall be lawful to the sheriff, in the event of his dismissing the action and assoilzieing the defender, to find the complainer liable in expenses (r), and any judgments so to be pronounced by the sheriff in such summary application shall be final and conclusive, and not subject to review by advo- cation (r), suspension, reduction, or otherwise.

The provisions in the above sections differ in their character from the provisions of sect. 11 of the new Aot and from the provisions in the Musical (Summary Proceedings) Copyright Acts in that the penalties are not solely in the nature of a punishment, but may be recovered by the autlior of the work for his own use as compensation for the injury which he has suffered. It has been held that the penalties may be recovered either

��{r) repealed (Stat. Law Rev. Act, \i

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