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Cite as: [1746] 2 Elchies 337
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[1746] 2 Elchies 337
Subject_1 Literary Property.
Date: Booksellers of London
v.
The Booksellers of Edinburgh and Glasgow
4 July 1746
Case No.No. 2.
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The reprinting without the proprietor's consent books entered in Stationer's Hall, being by the act 8th Annæ, c. 19. prohibited under certain high penalties, and the importing books reprinted abroad that had been printed here, by an act 12th George II. the pursuer wanted to have the defenders' oath to prove their contravening these statutes, which he could not have without waving the penalties, therefore he waved them and insisted for damages, and the Lords found that no action of damages lay on either of these statutes. The President thought that the pursuers could not wave the penalties of the act 12th George II. and therefore could have no action of damages even on the act 8th Annæ, upon the transgression that might fall under the last act, but that he might have an action of damages, and the defenders' oaths on other things that fell not under the last act.
The electronic version of the text was provided by the Scottish Council of Law Reporting