DAVY tI. BRADY.
shut down at once, and all operators and laborers, a class who live from day to day, are thrown out without 'resources. The purpose 01 this provision is to protect them. The literal construction defeats this intent. Again, everything relates back to the ,filing of the petition. Only debts existing then are provable, and no claims can be paid out of the assets which did not exist at that time. So these petitioners are without remedy. Pending the proceedings they cannot sue their claims, and if they did, and the adjudication be subsequently declared, their action would be nugatory. See cases collected by Bump on Bankruptcy, 172. The true construction of this section is that in computing the time the period intervening between the institution of the proceedings and the final adjudication must be disregarded. Thi>: is in analogy with the rule prevailing in like cases. Whenever there is a legal inability to sue, the period of such inability is never reckoned in the currency of the statute of limitations. The ProieciO?', 9 Wall. 687; Adger v.Alston, 15 Wall. 555; Inre Eldridge, 2 Hughes, (U. S.) 256; Hanger v. Abbott, 6 Wall. 532; Montgomery v. Hernandez, 12 Wheat. 129. Theassets largely exceed the preferred claims. It is ordered that the scheme of the dividend be amended, and that each of the petitioners whose claim is $50, or less, be paid in full, and that to such of them as hold claims exceeding $50 there be paid, respectively, the sum of $50, with leave as to the remainder of his claim to come in pro rata on the amount for general distribution. Costs of these proceedings payable out of the estate.
DALY v. BRADY et aZ.
(Circuit Court, S. D. New York.
There is no copyright in a dramatic composition entitled "Under the GasLight: A Drama of Life and Love in These Times," when the printed copy of title tiled under the copyright act reads, "Under the Gas-Light: A Romantic Panorama of the Streets and Homes of New York."
Application for injunction.
S. H. Olin, for complainant. A. J. Dittenhofer, for defendants.
WALLACE, J. It is to be regretted that it must be held that the complainant has not a valid copyright to his dramati<; composition, "Under the Gas-Light: A Drama of Life and Love in These Times," because the copy of the title deposited by him in the clerk's office of the district court reads, "Under the Gas-Light: A Romantic Panorama of the Streets and Homes of New York."'1'he title to a statutory, and a performance of the conditions imposed by the laws of congress is indispensable to its creation, and to the existence of any literary prop-
39. erty.in tbe work" . iW'hea,ton iV.; 8 Pet. 591 ; Merrell v. Twel' 104. U. S. tb:esecon,ditiol1s. thl3 .'statutesreqQire the deposit of a printed'cppy. of ,theti;t.le of thework,'before ,publica'tion in the proper the office of clerk of the district court of the autrar, and now the librarian of of the district of. congress. ,A. literaloompliance is not requisite; a. substantial compliance ii;!. Callaghan y. ¥yers, 128.D. S. 617, 9 Sup. Ct. Rep. '177.; Donnel/ey v.Ivers, 20 ;Blatchf.. 381,18 Fed. 592; Bakel' v. Taylor, 2 Blatehf,82; Jacksonv. Fed. Rep. 15. A verbal difference between the registeredJitJeand the published title would not necessarily the variance is so material that the invalidate the substantial identity l!etween th,e two titles is doubtful, and might deceive the public into,the belief that they refer. to different publications and themes, it is fatal. It is patent that there is such a material variance in the present case unless a;J.lthe title, except "Under the GasLight," can be disregarded. This is not permissible. It will hardly do to segregate w4at the author has designated and deposited for registry as the title of his work as a unit into parts, and treat one part as the name and the other as descriptive matter, and eliminate the latter as a part of the title. If such ..an analysis were ever permissible, it .could not well be made in the present case, because it is impossible to <liscriminatebetween what is the, .descriptive matter and what is the name. The drama might have been called "Under the Gas-Light," or Drama of Life and Love in These Times," or" A Romantic Panorama of the Streets and Homes of New York," and either designation would be equally appropriate as a name or as descriptive matter. When two such names or descriptive terms are incorporated into the title, each becomes an integral part of it, and it may be as reasonably contended that one part of the title can be dropped out as that the other can be. The motion for an injunction is denied.
MAP & PUB. Co. v. DAKIN. PUB. Co. et al.
(Circuit Court, N. D. California.
June 10, 1889.)
Complainant sold a copyright insurance map to l;I. & 1r1.. who employed' defendants to correct it. by reason of changes from time to time in buildings, etc., affecting risks. Defendants, in making such corrections, used pallters on complainant's map, and retraced portions of said map, and in some inlltances reproduced whole, sbeetsof said map, by relithographing it. Held that, while C,oUld the map' by putting thereon their pasters .of such correctlOps, neyertheless It was an mfrmgement to retrace any ma:terIal part of complainant's map, or to' reproduce :auy material part thereof in making such correctioUlj. ' Complainant, in such case,'is ehtitled to an interlocutory decree enjoining further infringements, 8.Ild to an aCCQunting for damages.
2,. SAME-llIrJ,UNCTION-:-:-AccQUN ,TJNG1',' .