Page:Copyright, Its History And Its Law (1912).djvu/596

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564

COPYRIGHT

Execution of order for seizure and arrest

Disposition of works seized

Orders open to inspection

Scope of order

Newspaper or periodical excepted

(b) to arrest without further warrant any person who in any street or public place sells or exposes or has in his possession for sale any pirated copies of the workj or who offers for sale any pirated copies of the work by personal canvass or by personally delivering advertise- ments or circulars. (2.) Where such an order has been made the person on whose application it was made may send a copy thereof (certified to be a true copy by the clerk of the court which made the order) to the chief constable or deputy chief con- stable for any district within which the court has jurisdic- tion, and thereupon any constable or peace officer may seize any such copies and arrest any such person in accord- ance with the terms of the order.

(3.) Where the constable or- peace officer seizes any copies of a work in pursuance of such an order, he shall bring them before a court of summary jurisdiction, and that court, on proof that the copies are pirated, may order that they be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

(4.) All copies of orders sent to a chief constable or deputy chief constable under this section shall be open to inspec- tion at all reasonable hours by any person without pay- ment of any fee, and any person may take copies of or make extracts from any such order.

(5.) A single order under this section may be made ex- tending to several works.

(6.) An order under this section shall not authorize —

(a) the arrest of any person selling or offering for sale ; or,

(b) the seizure of copies of

any newspaper or other periodical publication merely be- cause it contains a pirated copy of a work, if such pirated copy is only an incidental feature and does not form a sub- stantial part of the newspaper or periodical.

Search 15. A court of summary jurisdiction may, if satisfied by

wamnts information on oath that there is reasonable ground for be- lieving that an offence punishable summarily under this Act