Book

Any literary composition which is printed, or printed and bound into a volume.

1.

In copyright law, the form of the publication is not material — the term may include a single sheet. So held in 1809, under the statute of 8 Anne (1710), § 1; " and so held ever since. = Under the copyright act of March 3, 1865, 5) 4, book includes every volume and part of a volume, together with all maps, prints, or other engravings belonging thereto, with a copy of any subsequent edition published with additions. < A single sheet of music has been held to be a book; ' so, a diagram of patterns; ' but not a mere label," nor a prices-current." The test is the subject-matter, not the size, form, or shape."* " Although the legal definition of the word may be more extensive than that given by lexicographers, including a sheet as well as a volume, yet it necessarily * conveys the idea of thought or conceptions clothed in language or in musical characters, written, printed, or published. Its identity does not consist merely in ideas, knowledge or information communicated, but in thte same conceptions clothed in the same words, making itthe same composition. A " copy " of a book must, therefore, be a transcript of the language in which the conceptions of the author are clothed; of something printed and 'embodied in a tangible shape.'

See Chart; Coptbi&ht; Print. 2.

In post-office law, a pamphlet of twentyfour pages, consisting of a sheet and a half secured together by stitching, with a cover of four pages and a title-page, may be described as a book.8 See Mail, 2.

Book-aceount.

An account evidenced by one or more books regularly kept in the particular business or calling. Book of acco Tints; or acoount-book. A book in which are entered the transactions of the owner's business; a creditor's book of entries, exhibiting, in detail, the transactions had with a person alleged to be his debtor. ' 3 Pars. Gontr. 113-14; 17 Cent. L. J. 102-5 (1883), oases. » Clementi u.

Golding, 2 Campb. 32 (1809), Ellenborough, C. J. See 11 East, 244. " Druiy «, Ewing, IBond, 540, 546 (1862), Leavitt, J. •13 St. L. 540; Lawrence v. Dana, 4 Cliff. 62 (1869), Clifford, J. ' Coffeen v. Brunton, 4 Mc Lean, 516 (1849). • Clayton v. Stone, 2 Paine, 382 (1835?). ' Stowe V. Thomas, 2 Wall. Jr. 605 (1863) Grier J • 2 Bl. Com. 406. ' " Action of book-account.

A remedy for col- _ lecting a balance due upon such dealings as are proper matters of book-account; an action of book-debt. An accouni-book, regularly kept, may be received as evidence. And book-accounts are assets.' But a tally, a board, a slate, or loose sheets of paper, can hardly be said to constitute a book of accounts." Yet there are not a few decisions to the effect that an account need not be kept in a bound volume.^ Book-entries. Particulars of a transaction recorded in a book of accounts. Book of original entries. A book exhibiting the first or original charges made under a contract concerning merchandise, work and labor done, or services rendered. To be admissible in evidence, the entries must be contemporaneous with the facts to which they relate; they must be made by a person having personal knowledge of the facts; and they must be corroborated by his testimony, it he is living and accessible, or by proof of his handwriting, if he is dead, insane, or beyond the reach of process. The witness need not remember the facts, if he will testify that he believed the entry to be true as set down. It is not necessary that the transaction should have been directly between the original creditor and debtor; nor that the entries should have been against the interest of the person making them.* As book-entries are received to prevent a failure of justice, their admissibility is limited by this necessity.' Questions in relation to boolts of entry as evidence stand upon a new footing since the passage of statutes making parties witnesses. Formerly, the book itself was evidence, and the oath of the party supplementary. Now, the party himself is a competent witness, and may prove his own claim as a stranger would have done before the statutes were passed.' The rule is that books of original entries, properly proved, are evidence of work and labor performed and of goods sold and delivered. To this rule are several exceptions; as, that the invoice book of an agent is not evidence of the sale and delivery of goods nor of goods to be delivered, nor is an entry evidence that is not in the course of the party's business. Books of original entry were formerly received in evidence from necessity. Where the transaction admits of 1 1 Greenl.

Ev. §§ 115-18; 55 Vt. 347; 3 Bl. Com. 368. 2 Richardson v. Wingate, 10 West. Law J. 146 (1853), Matthews, J. ' Price V. The Earl, 1 Sm. L. C. 535-T7, cases; 2 Harr., Del., 288; 4 id. 532; 12 Bankr. Reg..S90. * Town of Bridgewater v. Town of Roxbury, 54 Conn, 217 (1886), cases. s Chaffee v. United States, 18 Wall. 541 (1873), cases, Field, J.; ^tna Fire Ins. Co. v. Weide, 9 id. 680 (1869), cases; Burley v. German American Bank, 111 U. S. 216 (1884); 20 Wend. 74-70; 70 Iowa, 376; 133 Mass. 478; 59 Miss. 378; 21 W. Va. 301, 308-11; 1 Greenl.

Ev. §§ 115-17, more satisfactory evidence, they should not be received. Now that the parties are witnesses, care is to be taken not to enlarge the ruje. In several States the account is not to exceed a sum specified. While there should be some limit to the amount, much more depends upon the nature of the item, and upon the evidence, outside of the book, which natm-ally exists to prove the item. The charges should be reasonably specific. Lumping charges are not admissible; as, entries like these: "B. Corr, Dr. July 13, 1880, To repairing brick machine, $1,932; " " 190 days' work; " " seven gold watches, $308; " " 13 dollars for medicine and attendance on one of the general's daughters, in curing the whooping cough." * The books of a corporation are public as to its members, who for a proper purpose may examine them. Inspection of the books of a public office is permitted to any one interested in them, but not, if liable to affect public interests injuriously; of this the head of the department is to judge. Mandamus is the remedy by which to obtain an inspection and copies of such books, in which the petitioner has an interest.* See Produce, 1. Books on medicine, agriculture, science, and the like, not being subjects of cross-examination, are not admissible as evidence. But an approved history, being a quasi-public document, is receivable to prove a general fact of ancient date, a general custom, or any lilte matter,' See Expert; History; Scientific A record in a Bible or other book, by a deceased relative, as to pedigree (q. v.) is receivable as a declaration.* The results of an examination of many books may sometimes be proved.* See Account, 1. Under statutes in some States, school-books and Bibles are exempted from levy and sale. The pledgee of a book must use it carefully.'

See Horn, Letter, Log, Minute, Paper, Tear. Book; Baggage; Document; Lost, 2; Mail, 2; Obscene; Refresh; Sdbp<ena, Duces, etc.