Complete Digest of All Lawyers Reports Annotated: From 1 L.R.A. to L.R.A ...

Review of trial judge's decision as to sanity of, see .. APPEAL AND Error, § 38 d. Using public money to reimburse one wrongfully

convicted, see

Liability for cruelty to, see

Assault by punishment of, see

Right to bail, see

§ 1. Employment of.

Implied promise to pay for convict labor performed under invalid contract, see CONTRACTS, § 12 p. Contracting by state of convict labor as violating constitutional provision against slavery, see INVOLUNTARY SERVITUDE AND PEONAGE, § 1 e; SET-OFF AND COUNTERCLAIM, §§ 30 b, 31 e, f. Contract for hiring of, see LANDLORD AND TENANT, § 17 b.

a. The employment of a convict upon the public roads under supervision and control of a public agent by order of the county commissioners is not a "hiring out" of the convict which, by N. C. Code. § 3448, re

see

APPROPRIATIONS, § 7 f.

ASSAULT AND BATTERY, § 2 b. ASSAULT AND BATTERY, § 36 a. BAIL AND RECOGNIZANCE, §§ 3 b, 4 a, d, e.

CIVIL DEATH.

HOMICIDE, 33 e; TRIAL, & 148 f.

HUSBAND AND WIFE, § 155 b. . JURY, $ 75.

LIMITATION OF ACTIONS, § 168.

... MASTER AND SERVANT, § 443 f.

MUNICIPAL CORPORATIONS, S 286 d.

TENDER, § 9 b. WITNESSES, §§ 11, 12.

WITNESSES, $93.

quires an order of court embodied in the sentence. State v. Yandle. 34 L.R.A. 392, 119 N. C. 874, 25 S. E. 796.

b. An order of county commissioners for the employment of a convict upon the public roads, made under N. C. Code, § 3448, and without any provision therefor in the sentence or any order of court, is not void on the ground that it is in the nature of an additional judgment against the convict. State v. Yandle, 34 L.R.A. 392, 119 N. C. 874, 25 S. E. 796.

§ 2. Liability for injuries committed by. Proximate cause of injury by see PROXIMATE CAUSE, § 92 d.

a. That a tortious act of a convict hired to a private citizen is committed on Sunday, when the convict is allowed pay for his labor, will not render the employer liable therefor if the state retains the right to control the acts of the convict. St. Louis, I. M. & S. R. Co. v. Boyle, 12 L.R.A. (N.S.) | 317, 83 Ark. 302, 103 S. W. 744.

b. One hiring convict labor from the state is not liable for the tortious acts of one of the laborers where the state retains control of the convicts, the performance of labor only being directed by the one doing the hiring. St. Louis I. M. & S. R. Co. v. Boyle, 12 L.R.A. (N.S.) 317, 83 Ark. 302, 103 S. W. 744. (Annotated)

c. Persons in charge of a state convict are not liable in damages for criminal tort committed by him while at large, whether at large by their permission or because of their negligence, unless they were in some way connected with the perpetration of the tort, or had reasonable grounds for apprehending that it would be committed. Henderson v. Dade Coal Co. 40 L.R.A. 95, 100 Ga. 568, 28 S. E. 251.

d. Knowledge that a felony convict about thirty-seven years old, who had been continuously in the penitentiary for about twelve years, and who had five times escaped therefrom, was "a man in robust and vigorous health, immoral, brutish, devilish, of vicious habits, of violent passions," including sexual passion, and a person "not restrained by any convictions of right and wrong or governed by any principles of morality," does not constitute ground of apprehension that he will commit the crime of rape when opportunity occurs, so as to render his custodians liable for damages on account of such a crime committed by him while at large through their fault. Henderson v. Dade Coal Co. 40 L.R.A. 95, 100 Ga. 568, 28 S. E. 251.

§ 3. Means for identifying. Injunction against circulation of photographs of convict, see INJUNCTION, §§ 10 b, 193.

§ 4. Prosecution for other crimes. Trial for other offense of one serving term of imprisonment, see CRIMINAL LAW, §§ 101 k, 114 d, g.

a. One under conviction and while imprisoned in the penitentiary may be brought to the bar for trial and sentenced for another crime whether charged to have been committed before or during such imprisonment. Arrowsmith v. State, L.R.A.1915E, 363, 131 Tenn. 480, 175 S. W. 545.

b. A convict while imprisoned in the sentence for another crime, whether charged penitentiary is not exempt from trial and to have been committed before or during such imprisonment. State v. Keefe, 22 L.R.A. (N.S.) 896, 17 Wyo. 227, 98 Pac.

122.

who is serving a term of imprisonment unc. The trial upon a second charge of one der sentence of court is not prevented by been convicted of two or more offenses bea statute which provides that if one has fore judgment on either, the judgment may be that the imprisonment upon any one may commence at the expiration of the imprisonment upon any other of the offenses, at least, where the statute provides for a person serving a term of imprisonment being brought before the court when necessary. Re Tranmer, 41 L.R.A. (N.S.) 1095, 35 Nev. 56, 126 Pac. 337.

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Subscription to stock for establishment of, see ...... PARTNERSHIP, § 15 b.

§ 1. Generally.

....

APPEAL AND Error, § 310.
APPEAL AND ERROR, § 824.

. EVIDENCE, § 442 a.

EVIDENCE, $$ 580-583.
EVIDENCE, $$ 719-723.
INDICTMENT, ETC., § 2 a, b.

INDICTMENT, ETC., § 58 c, d.

INSURANCE, § 258.
WILLS, § 135 b.

a. A copy of an instrument is a repro- tion is not a copy. Rasmussen v. Baker, duction or imitation of it, and a transla-38 L.R.A. 773, 7 Wyo. 117, 50 Pac. 819.

COPPERAS.

Emptying of, into stream, see

FISHERIES, 12 d.

§ 1. Generally.

§ 2. What subject of.

L.R.A. Comb. Dig.-152.

Unwarranted use of uncopyrighted manuscript, see CONTRACTS, § 5 pl, q; DAM-

b. The exclusive right of multiplying
copies of a work already published can be
preserved only by complying with the act
of Congress providing for that purpose.
State v. State Journal Co. 9 L.R.A. (N.S.)
174, 75 Neb. 275, 106 N. W. 434, 77 Neb.
752, 110 N. W. 763.

c. The common-law right of an author to
his unpublished manuscript is not abrogat-
ed by the copyright acts of Congress. Press
Pub. Co. v. Monroe, 51 L.R.A. 353, 73 Fed.
196, 19 C. C. A. 429, writ of error dismissed
in 164 U. S. 105, 41 L. ed. 367, 17 Sup. Ct.
Rep. 40.
(Annotated)
d. A statistical atlas is properly copy-
righted as a whole; it is not necessary to
copyright separately each map in the book.
Black v. Henry G. Allen Co. 9 L.R.A. 433,
42 Fed. 618.

AGES, $199 e.

DAMAGES, SS 199 e, 331.
EVIDENCE, §§ 223 u, 514.

EVIDENCE, § 1597.

LITERARY AND ARTISTIC PROP-
ERTY.

PRINCIPAL AND AGENT, § 3 a.

RESTRAINTS OF TRADE AND
MONOPOLIES, § 11 m.

RESTRAINTS OF TRADE AND
MONOPOLIES, § 33 b.

STATUTES, § 269 i.
TAXES, § 19 f.

§ 2. What subject of.

a. The possession of information which a
person has compiled for a specific use is a
right subject to protection against those
who would share it with him without his
consent. Dodge Co. v. Construction Infor-
mation Co. 60 L.R.A. 810, 183 Mass. 62, 66
N. E. 204.

b. The right to copyright extends to all
publications showing in their makeup, that
there has been put into the production
something meritorious from the author's
own mind. National Teleg. News Co. v.
Western U. Teleg. Co. 60 L.R.A. 805, 119
Fed. 294, 56 C. C. A. 198.

c. The compiler of a digest has no monop
oly of the opinions, decisions, and syllabi
prepared by the courts and judges, even
though he has previously published them in
copyrighted pamphlets. West Pub. Co. v.
Lawyers' Co-op. Pub. Co. 25 L.R.A. 441, 64
Fed. 360, rev'd in 35 L.R.A. 400, 51 U. S.
App. 216, 79 Fed. 756, 25 C. C. A. 64S.

d. A valid copyright may be had by one
e. Mala fides cannot be imputed to the reporting judicial decisions for his original
compiler of an annual digest of judicial de- work published in connection with the opin-
cisions, in using copyrighted reports pub-ions and syllabi prepared by the judge.
lished during the year for the purpose of
making such digest. West Pub. Co. v. Law-
yers' Co-op. Pub. Co. 25 L.R.A. 441, 64 Fed.
360, rev'd in 35 L.R.A. 400, 51 U. S. App.
216, 79 Fed. 756, 25 C. C. A. 648.

f. There cannot be two successive copy-
rights of the same publication. Mifflin v.
White Co. 61 L.R.A. 134. 112 Fed. 1004,
50 C. C. A. 661, aff'd in 190 U. S. 260, 265,
47 L. ed. 1040, 1043, 23 Sup. Ct. Rep. 769,

771.

West Pub. Co. v. Lawyers' Co-op. Pub. Co.
25 L.R.A. 441, 64 Fed. 360, rev'd in 35
L.R.A. 400, 51 U. S. App. 216, 25 C. C. A.
648, 79 Fed. 756.

e. A photograph of a yacht under sail is
a proper subject of copyright, where the
photographer is required to select and util-
ize the best effects of light, cloud, and
water, and general surroundings, and com-
bine them under favorable conditions.
Bolles v. Outing Co. 46 L.R.A. 712, 77 Fed.

966, 23 C. C. A. 594, aff'd in 175 U. S. 262, | dence and place of business, and there is no
44 L. ed. 156, 20 Sup. Ct. Rep. 94.

f. The market quotations and sporting
news gathered by a telegraph company, and
delivered to its patrons by means of tick-
ers, are not, as so delivered, within the pro-
tection of the United States copyright laws.
National Teleg. News Co. v. Western U.
Teleg. Co. 60 L.R.A. 805, 56 C. C. A. 190,
119 Fed. 294.

§ 3. Who entitled to.

Heirs or representatives, see DESCENT AND
DISTRIBUTION, § 39 d.

a. An author's reservation of "copyright"

other person of the same name in the same
business, although it does not give his ini-
tials or Christian name. Bolles v. Outing
Co. 46 L.R.A. 712, 77 Fed. 966, 23 C. C, A.
594, aff'd in 175 U. S. 262, 44 L. ed. 156,
20 Sup. Ct. Rep. 94.

c. The inadvertent omission of a copy-
right notice from the publication of a copy-
righted article by a licensee of the owner
of the copyright does not withdraw the pro-
tection of the copyright, or absolve another,
who publishes the matter without author-
ity, from liability in damages, although he

was ignorant of the existence of the copy.
American Press Asso.
right.
v. Daily
Story Pub. Co. 66 L.R.A. 444, 120 Fed. 766,
57 C. C. A. 70, appeal dismissed in 193 U.
S. 675, 48 L. ed. 842, 24 Sup. Ct. Rep. 852.
(Annotated)

§ 6. Abandonment; publication.

in an ode written for the World's Colum-
bian Exposition, subject to the concession
that in addition to the delivery of the ode
at the Exposition the Exposition Company
shall have the right to publish it in the
final history thereof and to furnish copies
to the newspaper press and for free dis-
tribution, is not invalid, although it accom-
a. The common-law right of an author to
panies an acknowledgment of the receipt control his intellectual productions is aban-
of money "in full payment for ode composed doned where he publishes them without
by me." Press Pub. Co. v. Monroe, 51 complying with the provisions of the copy-
L.R.A. 353, 73 Fed. 196, 19 C. C. A. 429,right act. State v. State Journal Co. 9
writ of error dismissed in 164 U. S. 105, L.R.A. (N.S.) 174, 75 Neb. 275, 106 N. W.
41 L. ed. 367, 17 Sup. Ct. Rep. 40.
434, 77 Neb. 752, 110 N. W. 763.

§ 4. Extent of rights acquired; what
covered by.

(Annotated)

b. An author who permits the publica-
tion in a magazine of chapters of a book
a. The right secured by copyright stat- on which he has secured a copyright with-
utes is the exclusive one of multiplying out any notice other than the general notice
copies after publication. Werckmeister v. by the publishers of the magazine of a copy.
American Lithographic Co. 68 L.R.A. 591, right of its matter loses his exclusive rights
134 Fed. 321, 69 C. C. A. 553.
under his copyright. Mifflin v. R. H. White
b. That the publisher of an author's copy-Co. 61 L.R.A. 134, 50 C. C. A. 661, 112 Fed.
righted work is not authorized to sell un-1004, aff'd in 190 U. S. 260, 265, 47 L. ed.
bound copies will give the author no right 1040, 1043, 23 Sup. Ct. Rep. 769, 771.
of action against another publisher who
purchases unbound sheets, which he binds
and sells. Kipling v. G. P. Putnam's Sons,
65 L.R.A. 873, 120 Fed. 631, 57 C. C. A.

295.

c. A purchaser of unbound copyrighted
volumes is at liberty, so far as the Copy-
right Statute is concerned, to bind and re-
sell them. Kipling v. Putnam's Sons, 65
L.R.A. 873, 57 C. C. A. 295, 120 Fed. 631.
d. The copyright of a number of a maga-
zine with a proper, notice thereof on the
front page will cover a story published
therein which is owned by the publisher,
and entitle him to the exclusive right of
translation and dramatization. Dam V.
Kirk La Shelle Co. 41 L.R.A. (N.S.) 1002,
175 Fed. 902, 99 C. C. A. 392.

e. The copyright of a new edition of an
author's works covers only new matter con-
tained in them. Kipling v. G. P. Putnam's
Sons, 65 L.R.A. 873, 120 Fed. 631, 57 C. C.

A. 295.

§ 5. Copyright notice.
See also post, § 6 b, d.

a. The figures "93" in a copyright notice
sufficiently designate the date as 1893.
Bolles v. Outing Co. 46 L.R.A. 712, 77 Fed.
966, 23 C. C. A. 594, aff'd in 175 U. S. 262,
44 L. ed. 156, 20 Sup. Ct. Rep. 94.

article in a foreign encyclopedia, the re-
c. Permitting the use of a copyrighted
mainder of which is written by foreigners
and publici juris in this country, does not
warrant its insertion in an unauthorized re-
print of the encyclopedia here, by a third

person.

Black v. Henry G. Allen Co. 9
L.R.A. 433, 42 Fed. 618.

d. An author who, after publishing a
manuscript in a magazine under a copy-
right notice in the name of the publisher,
publishes it in book form with a copyright
notice in his own name, making no refer-
ence to the former one, abandons the work
to the public. Mifflin v. R. H. White Co.
61 L.R.A. 134, 112 Fed. 1004, 50 C. C. A.
661, aff'd in 190 U. S. 260, 265, 47 L. ed.
1040, 1043, 23 Sup. Ct. Rep. 769, 771.
§ 7. what constitutes a publication.
a. A general publication consists in such
a disclosure, circulation or exhibition of the
subject of copyright, to one or more mem-
bers of the general public as implies a dedi-
cation of the object of a copyright to the
public. Werckmeister v. American Litho-
graphic Co. 68 L.R.A. 591, 134 Fed. 321, 69

C. C. A. 553.

b. The private circulation of information
or literary composition written or printed,
for a restricted purpose, is not a publica-
b. A copyright notice is sufficient where tion which gives the public a right to use
it has the author's surname and his resi-it. F. W. Dodge Co. v. Construction In-

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