Scottish Court of Session Decisions

Subject_1 LITERARY PROPERTY.

Booksellers of London
v.
The Booksellers of Edinburgh and Glasgow

1746, July 4.
Case No. No. 2.

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The Lords found that action of damages does not lie upon either of the acts 8 vo Annæ Cap. 19, or 12th Geo. II. for printing, reprinting, importing, &c. books contrary to these statutes. Haining and Strichen did not vote. Tinwald and I were very doubtful but voted for the interlocutor. President thought that the action did not lie for books imported contrary to 12th Geo. II. because the pursuers could not wave the penalties of that statute, but that it lay on all the offences against the act 8vo Annæ, because the penalties in that act are prescribed, and that it would have lain on the same act for importing books from abroad, had not the act 12th Geo. II. supervened.—4th July 1746.

In this case we, on 24th December, altered the former interlocutor as to books printed here, and found that action does lie to the extent of the profits made, but ordered a hearing on the statute 12th Geo. II., whether the penal action for books imported in this country is limited by the general statute 21st Eliz.;—and upon the hearing we (13th January 1747) found it was limited, five to five and the President's casting vote. Against the interlocutor were Drummore, Strichen, Kilkerran, Shewalton, and I. This decision was contrary to what was found in 1737 in a question on the game act, that that statute was not so limited. (See No. 3.)