1812. CAMBRIDGE University against BRYER. that inasmuch as both these things were required to be done by the statute of Anne, viz. the copies to be delivered and the entry made, the legislature presumed that both would be done, in obedience to the law; but when the legislature make the title of the University of Dublin to depend upon the book being entered, it certainly appears to me, at present, that they make the entry a condition precedent to the vesting of the right in that University. Certainly therefore there is some difficulty in the construction, arising out of these two statutes; but I think the construction, as it is to be collected from these acts of the legislature at subsequent periods, is not sufficiently strong and cogent to overturn what I understand to be the clear distinct sense of the statute of Anne, in which there is nothing ambiguous. Upon these grounds it appears to me, from the clear understanding of the statute of Anne, not impeached by a reference to the other statutes, that the plaintiffs are entitled to recover. LE BLANC, J. (a). The question arises upon the construction to be put on the statute of Anne. That construction may certainly be materially aided and explained by the language of other statutes, but it is upon the construction of that statute that the Court must act; and if the Court are clear in their construction of it, they will be bound to give it effect, although they should be of opinion that an erroneous construction has been put upon it by other acts. The previous acts of Car, 2. seem to me to be so far only material to be (a) Grose, J. was absent. called called in aid, as shewing that the attention of the legislature was at former periods directed to the Universities, when they were making any provisions respecting the publication of books; and that when such publications were under their consideration, they imposed a restriction upon the authors, that copies should be sent to the Universities; thereby shewing that they considered that learning would be advanced by these libraries being kept constantly supplied with books. Then came the statute of Anne, which gave the copyright to authors for a certain time; the title of which is "An Act for the encouragement of learning, by vesting the copies of printed books in the authors or purchasers of such copies, during the times therein mentioned." The legislature thought that learning would be encouraged by vesting the right, for a certain time, in the copies of printed books, in the authors or purchasers of those books; and they therefore enacted that the authors, or purchasers, should have a right vested in them, in one case for twenty-one years, and in the other for fourteen years; and then the legislature went on to guard that by penalties, which are imposed by the first section of the act, that is, to guard that right which they had given in the one case for twenty-one years, and for fourteen in the other. Then comes the second clause of the act, which contains the direction that the title to the copy shall be entered with the Stationers' Company, and the object of it is this, as contained in the recital to that clause ; "whereas many persons may, through ignorance, offend against this act, unless provision be made, whereby the property in every such book, as is intended by this act to be secured to the proprietor thereof, may be ascertained, as likewise the consent of such proprietor for the printing 1812. CAMBRIDGE 1812. CAMBRIDGE University against BRYER. or re-printing of such book or books may from time to nine copies of each book that shall be printed and published, or re-printed and published, shall be delivered to the warehouse-keeper; that would not have answered the intention of the legislature, because they never meant, I apprehend, to enact that nine copies of every book, which at any time should be printed and published, or re-printed and published, should be delivered, but only that nine copies of every book which should be printed or re-printed and published by any persons, to whom the exclusive right of printing or re-printing is given by the first clause, shall be delivered to the warehouse-keeper or clerk of the Company for the use of the Universities; "as aforesaid" therefore means, that it shall be printed and published, not under the restrictions of the registry, but that shall be printed and published by the persons to whom this right or privilege is given by the first section of the act, and that appears to me to be the meaning of the term "as aforesaid," instead of construing it, as contended for on the part of the defendant, printed and published and entered as aforesaid; for if that had been the meaning, the legislature would have said, that nine copies of each book which shall be printed and published, and entered as aforesaid, shall be delivered to the clerk for the use of the Universities; instead of which they say printed and published as aforesaid, which means printed and published by those to whom the exclusive right of printing and publishing is given by the preceding section of the act; and that appears to me perfectly clear. It then goes on to direct" that if any proprietor, bookseller, or printer, or the warehousekeeper of the Company of Stationers, shall not observe the direction of the act, the person making default shall forfeit, besides the value of the printed copies, the sum 1812. CAMBRIDGE 1812. CAMBRIDGE University against BRYER. sum of five pounds." It directs the printer to deliver the copy, the warehouse-keeper to transmit it to the public libraries, and then it says, that if any proprietor, bookseller, or printer, or the warehouse-keeper shall not observe the direction of the act, he shall incur a penalty; which meant perhaps that if the proprietor insisted on the printer not doing it, he should be subject to the penalty. It seems to me, therefore, that if it stood simply upon the construction of this act of parliament, and if we had been called upon to put a construction upon it the day after it passed, this would have been the clear obvious meaning of the act of parliament, and that connecting the fifth with the second section, requiring the copy to be delivered to the clerk of the Company, would be fettering the act by a provision made diverso intuitu. But it has been stated, that a construction has since been put by the legislature upon this act of parliament, and by those persons under whose consideration this act may be supposed to have been brought, and great reliance is placed on the provisions of the 15 G. 3. and the 41 G. 3. The 15 G. 3. was brought in for the purpose of securing to the Universities their right to the copies, and an argument arises upon the particular recital rather than the provision; but coupling the recital with the provision in the sixth section of the act, that section recites the provision made by the statute of Anne for securing to the Universities the nine copies, which are to be delivered to the warehouse-keeper of the Stationers' Company, for their use; it recites that nine copies of each book that should be printed and published, as therein mentioned, or re-printed and published, shall be delivered, not that nine copies only of each book that should be printed and entered shall be delivered, but it uses |