The Canadian Portrait Gallery - Volume 3 (of 4)Dent, John Charles
History
The Canadian Portrait Gallery - Volume 3 (of 4)
Dent, John Charles
Canada -- Biography
His elevation to the Bench took place on the 30th of May, 1874, when he
was appointed a Judge of the Court of Error and Appeal. He then removed
to Toronto, where he has ever since resided. Upon the elevation of Mr.
Justice Strong to a seat on the Bench of the Supreme Court at Ottawa, in
October, 1875, Mr. Burton became, and still continues to be, the Senior
Justice of the Court of Appeal for this Province. He has filled his
position worthily, and with acceptance to the public and profession. He
has delivered many important judgments. One of these, in the case of
_Smiles vs. Belford et al._, is of special interest to persons connected
with literary pursuits. The plaintiff was the well-known Scottish
writer, Samuel Smiles, author of "The Life of George Stephenson,"
"Industrial Biography," and various other works of a similar character
which have enjoyed great popularity among the young. The defendants were
a firm of publishers in Toronto. The case came before Judge Burton in
the month of March, 1877, by way of appeal from a judgment previously
rendered by Vice-Chancellor Proudfoot; and the effect of Judge Burton's
decision was to affirm the Vice-Chancellor's conclusions. It was held
that it is not necessary for the author of a book who has duly
copyrighted the work in England under the Imperial statute 5 and 6
Victoria, chapter 45, to copyright it in Canada under the Canadian
Copyright Act of 1875, with a view of restraining a reprint of it there;
but that if he desires to prevent the importation into Canada of printed
copies from a foreign country he must copyright the book in Canada. The
judgment is an elaborate one, and well worthy of the careful perusal of
literary men.
LORD DORCHESTER.
Public-domain text, read in full here on John Shaqi.
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