Copyright.

DEFINITION AND PERIOD OF ENDURANCE.

Copyright is the exclusive right of making, printing, drawing, painting, or otherwise multiplying or reproducing copies of any book, music, drawing, painting, etc. Copyright in a book, etc., will endure for the following periods:

1. If the work was published in the author's lifetime, for his natural life and seven years after his death. 2. If the said term of seven years expires before the end of forty-two years from the date of first publication, then for forty-two years from the date of such pubfication.

3. If the work is published after the author's death, then for forty-two years from the time of first publica

tion.

In the second instance the copyright will belong to the proprietor of the author's manuscript.

COPYRIGHT IN A BOOK-HOW OBTAINED.

To obtain copyright, the author must enter in the register at the Copyright Office:—

1. The title of the book.

2. Time of first publication thereof.

3. Name and abode of publisher.

4. Name and abode of proprietor.

A copy of the best edition of the work must be delivered to the Free Public Library and the library of the Sydney University under a penalty of not exceeding £10, added to the value of the book.

COPYRIGHT, HOW ASSIGNED, ETC.

The proprietor may assign his interest in the copyright, or any part of it, to another person, by mkaing an entry in the register in a prescribed form; and such assignment will be as effectual as if made by deed. In case of infringement of copyright the proprietor has several remedies, viz., he may bring an action at law, or proceed in equity for an injunction, or claim an injunction in his common law action in addition to damages.

Coroners.

OFFICE OF CORONER.

It is stated that a coroner is so called because he has principally to do with pleas of the Crown-corona, in Latin, meaning a crown. The office is one of great antiquity; equal, in fact, to that of sheriff.

DUTIES OF CORONER.

His principal duties consist in inquiring, when any person is slain, or dies suddenly or in prison, or is found dead, into the manner of the death. The inquest is held before the coroner as presiding officer, and a jury of twelve, or, in thinly populated districts, of not less than five persons; and the inquest must also be held super visum corporis, i.e., upon viewing the body; if the body cannot be found, the coroner cannot sit, except under a special commission issued for the purpose-but, in such cases, a magisterial inquiry into the circumstances of the death may be held.

GENERAL REMARKS.

The coroner may order the attendance of any legally qualified medical practitioner, practising near the place where the death happened, if expert evidence of this nature is desirable; and he may direct a post-mortem examination.

Neither the coroner nor any other person may forbid the rites of Christian burial at the interment of any person against whom a verdict of suicide has been returned; but, in such cases, the jury usually ascribe the act to the influence of temporary insanity out of consideration for the relatives of the deceased, for under such circumstances no felony is committed. Another branch of the coroner's office is to inquire into the cause and origin of fires whereby property is destroyed or damaged.

Criminal Law.

CRIME, DEFINITION OF.

A crime may be defined as an act done in violation of the laws which exist for the protection of the rights of the whole community-in contradistinction to those acts whereby the civil rights of the individual are invaded, and which merely afford grounds for a civil action. But, in several instances, a particular act may be a crime, and also a civil injury; e.g., in the case of libel the party injured may institute a criminal prosecution or bring a civil action. The term offence is gener

ally understood to mean such acts of a criminal or quasicriminal nature as are punishable under the summary jurisdiction of justices of the peace-but it is often used in place of the word crime.

Two ingredients are essential to the constitution of a crime; first, will, and secondly, criminal intention or malice; the ordinary meaning of the word malice has been much extended by statute, e.g., an act done recklessly or wantonly will be deemed to have been done maliciously.

FELONY AND MISDEMEANOR.

Crimes are, by the law of England, divided into three classes, viz. Treasons, felonies, and misdemeanors-strictly speaking, treason is included in the term felony.

Originally the distinction between felonies and misdemeanors was not founded upon the degree of enormity of the crime, e.g., simple larceny always was a felony, but perjury -a much graver crime-used to be a misdemeanor only.

But as almost all the graver crimes have now by statute been made felonies, the distinction may be said to be one of degree; and therefore the term misdemeanor will include all crimes less than felony. If the misdemeanor is punishable by indictment it is termed an "indictable misdemeanor," otherwise it will be expressed by the term offence.

WHEN THE COMMISSION OF CRIME MAY BE

EXCUSED.

Where criminal intention is absent- -as in the case of insanity, infancy, and ignorance; in case of absence of will— the act being done by accident or under compulsion; where the act is done under circumstances of immediate and wellgrounded fear, e.g., under the influence of threats, termed "duress per minas," and compulsion of married women, by their husbands; and where the law directly authorises an act which would otherwise be a crime.

INSANITY AND CRIME.

It was declared in McNaughten's case that, to establish a defence on the ground of insanity, clear proof must be given that, at the time of commission, the accused's mind was so diseased that he was incapable of knowing the nature and quality of his act; or, if he did know its nature, etc., that he did not know that he was doing wrong.

DRUNKENNESS AND CRIME.

The fact that the crime was committed when the party was drunk is, in general, no excuse; unless he was deliberately

made drunk or had persisted in drunkenness to such an extent as to produce insanity; it may, however, be pleaded to show that there was no ill-will on his part-with a view to mitigation of punishment.

INFANCY AND CRIME.

In law by the term infant is meant any person under the age of twenty-one years; but, in the criminal law, the fact that the party was under the age of seven may be set up as an absolute defence against any charge of felony or indictable misdemeanor preferred against him; from seven to fourteen the fact of his immature age will still exempt him from punishment unless it can be clearly proved that he exercised such a discretion as showed that he was aware of the nature of his act; after attaining the age of fourteen, with few exceptions, he becomes fully responsible for any crime he may commit.

IGNORANCE AND CRIME.

Every person is presumed to know the law, therefore ignorance of law alone will never excuse; but ignorance in other respects will excuse, if the original intention was innocent; e.g., if a man intending to shoot a burglar wound a member of his household, he will be excused; but if intending to shoot A, he in the dark kills B, he will be guilty of murder.

ACCIDENT AND COMPULSION AND CRIME.

Where death or injury is caused by the performance of a lawful act in a lawful and proper manner, the party will be excused; e.g., A and B are out shooting in thickly-timbered country, and A fires at a wallaby and kills B-this is termed "homicide per infortunium;" or where A kills B with C's hand -here there is physical compuslion, and C is excused.

DURESS PER MINAS.

Where a man does an act which would otherwise be a crime, under threats or menaces of death or grievous bodily harm, he is generally excused; but the fear must be wellgrounded, although, under the circumstances, he cannot otherwise escape.

MARRIED WOMEN AND CRIME.

In most cases of felony if a married woman commits a crime in the presence of her husband, it is presumed that she acted under his compulsion, and she is therefore excused from punishment; this is termed the doctrine of marital compulsion. But she is liable in treason, murder, manslaughter and

robbery—and in every case where her husband is not present; and if it can be proved that she acted voluntarily and took a principal part in the commission of the crime, such compulsion will not be presumed, and she will be liable. As regards misdemeanors, it seems her liability is also subject to the abovementioned doctrine.

ACTS DONE UNDER THE AUTHORITY OF THE LAW.

A man will be justified in slaying another in self-defence if there is no other course open to him—not otherwise; this is termed homicide se defendendo; or where a murderer is hung, the act is directly enjoined and authorised by the law. Another instance is afforded in the case where a felon who cannot otherwise be taken is slain by a constable.

MURDER.

The crime of murder is now defined by statute, whereby some nice distinctions attaching to the ancient definition of the crime have been swept away; and certain acts which would not have amounted to murder as defined by the common law have been brought within the statutory definition.

Under the definition given by the Crimes Act an act or omission of the accused which causes the death charged will amount to murder-where such act or omission was accompanied by

1. Reckless indifference to human life; or,

2. An intent to kill some person; or,

3. An intent to inflict grievous bodily harm upon some person.

Or where such act was done

1. In an attempt to commit; or,

2. During the commission of; or,

3. Immediately after the commission of

(a) An act obviously dangerous to life; or,

(b) A crime punishable with death or penal servi tude for life.

Such act or crime may be committed by the accused or some accomplice with him. Punishment, death.

It is immaterial by what means the death is caused, provided that the case can be brought within the above definition-unless the accused can adduce evidence to show that he had lawful cause or excuse. Killing a person in a duel is murder in both principals and seconds.