110
��Copyright Act, 19] 1.
��§14.
��to British possessions.
Customs Consolidation Act, 1876, s. 151.
��local act or ordinance made entire provision for tho management and regulation of the Customs in such pos- session. The following is sect. 151 of the Act extending its operation to British possessions: —
151. The Customs Acts shall extend to and be in full force and effect in the several British pos- sessions abroad, except where otherwise expressly provided for by the sa^d Acts, or limited by ex- press reference to the United Kingdom or the Channel Islands, and except also as to any such possession as sliall by local Act or ordinance have provided, or may hereafter with the sanction and approbation of Her Majesty and successors make entire provision for the management and regula- tion of the Customs of any such possession, or make in like manner express jDrovisions in lieu or varia- tion of any of the clauses of the said Act for the purposes of such possession.
Upon a literal interpretation of the above section, all possessions are excluded from its operation Avhich before 1876 had made any provision for the regulation of their Customs, or which after 1876 have made entire provision. The better ojoinion appears to be that the Act should not be read too literally, and that the words "have made" should be substituted for "have provided." The section would then exclude from the operation of the Act only such possessions a.s whether before or after 1876 have made entire provision for the regulation of their Customs.
Existing law- — Provision is made for the seizure of books only. When notice is given to the Commissioners of Customs, all copies of a book printed outside the British dominions are prohibited from being imported for any purpose (f ). They may be seized at the Customs, or if they pass the Customs an action may be brought for penalties, account of profits, and an injunction against the importer or against any person who sells or hires copies so unlaw- fully imported (/). The prohibition applies to copies printed abroad, whether with or without the consent of the proprietor, and without reference to the question whether they would or would not
��(<?) Customs Consolidation Act, 1876 (39 & 40 Vict. c. 36), ss. 42, 44, 45, 151. 152 ; Copyright Act. 1842 (5 & 6 Vict. s. 45), s. 17.
( /■) Fiti-Pitts V. Gcorr/e, [1896] 2 Ch. 866 ; Cooper v. W/nttinifham (1880), 15 Ch. D. 501 ; Black v. Imperial Booh Co. (1904}, 8 Ont. L. R. 9.
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