Report No. 26
This is based on section 59 of the Presidency Act. There is nothing corresponding to it in the Provincial Act. It has been adopted as a useful provision. The mention of police officers, though found in the Presidency Act, has been omitted, as it is considered that such warrants should be executed only by the prescribed officers.
This follows section 60 of the Presidency Act. There is no such provision in the Provincial Act1. Certain verbal changes have been made to bring the section up-to-date and to apply it to persons mentioned in section 60(1), proviso (i), Civil Procedure Code.
1. For a discussion of the existing position, see Mulla, (1958), paras. 540-540A.
This provision regarding goods pledged is a new one, and follows section 59 of the English Act. See also section 48, Canadian Act.
General.-This clause relating to copyright is new and has been added on the lines of section 52 of the Canadian Act. Compare also section 60 of the English Act, and section 110, Australian Act, which are not so elaborate.
Sub-clause (1), opening part.-For the words "the author's manuscript and any copyright or any interest in a copyright" (occurring in the Canadian Act), the clause substitutes the words "author's manuscripts of and copyright in any work or any interest in such copyright", as it is considered that, for precision.-(i) "copyright" should be followed by words denoting that the copyright is in a work, and (ii) the word "manuscripts" should be similarly qualified. Further, the words "in whole or in part" have been omitted, as unnecessary.
"Agreement".-The words "agreement" after "contract" appearing in the Canadian Act is omitted, as unnecessary.
Sub-clause (1)(a), (b).-The word "original" occurring in the Canadian Act is omitted, as unnecessary.