Publishers may, for their own convenience, deposit in the Copyright Office a sum of money (trust fund) in advance against which each registration will be charged.

Additional Revenue Fee Required.-Under the provisions of the "Act to Increase the Internal Revenue," approved October 22, 1914, a ten-cent documentary revenue stamp is required to be attached to each certificate issued by the Copyright Office, before such document leaves that office.

The cost price of the stamps can not be included in the money order to pay the registration fee. What is desired is that the stamp itself shall be sent ready to attach to the certificate as the law requires.

Revenue stamps can not be purchased by the Copyright Office out of trust funds deposited.

Notice of Copyright.-The ordinary form of copyright notice for books, periodicals, dramatic and musical compositions is "Copyright, 19— (the year of publication), by A. B. (the name of the claimant)." The name of the claimant printed in the notice should be the real name of a living person, or his trade name if he always uses one (but not a pseudonym or pen name), or the name of the firm or corporation claiming to own the copyright. The copyright notice should not be printed in the name of one person for the benefit of another. The beneficiary's name should be printed in such cases.

In the case of maps, photographs, reproductions of works of art, prints or pictorial illustrations, works of art, models or designs for works of art, and plastic works of a scientific or technical character, the notice may consist of the letter C, enclosed within a circle, thus, accompanied with the initials, monogram, mark, or symbol of the copyright proprietor. But in such cases the name itself of the copyright proprietor must appear on some accessible portion of the work, or on the mount of the picture or map, or on the margin, back, or permanent base or pedestal of the work. The notice must be in legible characters.

The prescribed notice must be affixed to each copy of the work published or offered for sale in the United States.

Assignment of Copyright.-Copyrights may be assigned, granted, or mortgaged by an instrument in writing signed by the proprietor of the copyright, or may be bequeathed by will.

The fee for recording and certifying an assignment is $1 up to 300 words; $2 from 300 to 1,000 words; and another dollar for each additional thousand words or fraction thereof over 300 words.

After the assignment has been duly recorded, the assignee may substitute his name for that of the assignor in the copyright notice on the work assigned. Such substitution or transfer of ownership will be indexed upon request, at a cost of 10 cents for each work assigned.

Application for Renewal or Extension of Subsisting Copyrights.-Application for the renewal or extension of a subsisting copyright (except copyright of a composite work) may be filed within one year prior to the expiration of the existing term by:

1. The author of the work if still living;

2. The widow, widower, or children of the author if the latter is not living;

3. The author's executor, if such author, widow, widower, or children be not living;

4. If the author, widow, widower, and children are all dead, and the author left no will, then next of kin.

If the work is a composite work upon which copyright was originally secured by its proprietor, then the latter is entitled to the privilege of renewal and extension.

The fee for recording the renewal claim is 50 cents. Application for the renewal or extension of copyright can not be recorded in the name of an assignee nor in that of any person not expressly mentioned in Section 24 of the Copyright Act.

The renewal term is the same as the original term, viz., twenty-eight years.

VIII

FRAUDS

Classification-Actual and Constructive Frauds-Subject of Misrepresentation-Actionable Expressions-Consummation of Fraud-Concealment-Non-Disclosure-A General Rule-Other Causes for Action-Right to Rescind-Action for DamagesPresumption of the Law-Fraudulent Conveyance-Original Statute-Essential Features-The Property-Intention to DefraudBona-fide Purchaser-Garnishment of Property-False Impersonation and False Pretense-Cheats and False Symbols-Forgery and Counterfeiting-Larceny-Catching a Bargain-Frauds in Partnership.

F

VIII

FRAUDS

RAUD has been defined as a deception deliberately practised for the purpose of obtaining an unlawful or unfair advantage.

Many attempts have been made to formulate a more comprehensive definition of fraud, but all thus far given have been open to criticism. Indeed, it would be eminently unwise, particularly in legal practise, to be limited by a definition as to what might or might not constitute a fraud, in view of the fact that were a limit set, ingenuity of the unscrupulous would undoubtedly discover some means of evading the law. Then it is found that no two fraudulent transactions are exactly alike in all particulars, and the formulation of an exact definition applicable to all cases which may arise is practically impossible.

Under these circumstances the character of any transaction under investigation must be determined according to its own peculiar facts, and where precedents fail in determining any particular case, it is to a great extent left to the judgment of the judge sitting upon the case to render a decision.

Classification.-Attempts to classify frauds have met with a greater degree of success than attempts to define them, and the classification made by a former Lord Chancellor of England has been almost universally adopted.

In one class were included all frauds arising from facts or circumstances of imposition, as, for example, when positive representations were made by one of the parties to a sale or contract, knowing that the same were