The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1861-05-14 00:00:00

Legal.

COURT OF FACHEQUER.-MAT 9.

(Before the Lord Chief Baron and a Special Jury.)
aIIiIIZILAND P. COPILLAND.-• DRAMA IN COURT

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This was an action for the recovery of penalties for
using dramatic copyright without license, to which the
defendant pleaded not guilty.
Mr. Lush and Mr. Charles Pollock were counsel for
the plaintiff, and Mr. Murray for the defendant.
Mr. Lush, in stating the ease for the plaintiff, Mr.
John Cumberland said he was the proprietor of a large
number of dramatic copyrights, and the defendant
was the lessee of two theatres—the Theatre Royal and
the Royal Amphitheatre, at Liverpool. By the 3rd and
4th William IV., e. 315, passed in 1833, the sole right
in the representation of dramatic pieces was secured to
the author, or his assignee, for 28 years, and this action
was brought against the defendant for having acted at
his theatres a burietta by Mr. Filaball, sailed The
Pilot, assigned to the plaintiff in September, 1828, and
also another piece, written by Mr. Backstose, entitled
TA. Happiest Day of avi Life. The two pieces had
been performed at the defendant's theatre, the one for
eight and the other for five nights, making thirteen
representations, and under the act the plaintiff was
entitled to • sum of 40a. for each representation, and
that sum be now claimed.
The following evidence was then adduced :
Mr. John Cumberland examined —I was formerly •
bookseller and publisher at Ludgate-hill. I bought the
copyright of The Pilot in 1838, with other pieces, for
hit I purchased TA* Happiest Day of my Lift, and
other piems, eight in all. from Mr. Busitstone, for

-11;.-1;oiloek —We will pat in the usigumeitt, 1117

Mr. Baron Martin —lt is not stamped.
Mr. Pollock —We will pay the penalty.
The Aisoaiste said the penalty was Ell 2s. ad., which
was paid, and the assignment received in evidence.
Sumiinaticia continued —An application was made
by my agent to Yr. Copeland for Ike amount due for
playing' my pious some years ago, but he has never paid
we 'S
hillin. I never had my disputa as to ray charge
with anyone else.
Croes-esamined—Mrs. Francis Anne Davidson, the
attesting witness to this mcipunent, is my daughter. A
list al my plays vu sent to the defendant by my autho-
r. lump—When?
Witnea—How can I recollect? You might as well
ask me to recollect all the hand-bills distributed in
London. (Laughter.) The list was Dent when needful
—whenever we found • slippery customer,
these
Mr Murray—liar. you a printed copy of plays
Witness—l don't carry plays about with me.
Mr Marray—l ask you, hare printed copies in
cowl t

Witness—No, but in my warehouse I have, and I
shall be happy to aupply you with any quantity.
(Laughter.)
Mr. Murray—Did your slaughter write this letter,
mending defendant a list of playa, and romeating asettle-
ment of your account for three years?
Witness (looking at the lettev)—She
Mr. Buckstone examined-1. am tho lessee of the Hay-
market Theatre. I sin the, author of the comedy f/Ae
Happiest Day of my Life, w bid' I sold to Mr. Cumber-
land.
Cross-examined—Before the passing of the Dramatic
Authors Act I told Mr. Cispaland be might act my pieces
gratuitously.
Mr. Murray—Did yen tell him that before the act
passed?
Witness—There was no necessity, for he could play
them without asking.
Mrs. Francis Ann Davidson, the plaintiff's daughter,
proved that she had ay plied to the defendant for the
money for acing the • pieces in which the copyright is
vested in heafather.
The defendant's rwply was put in, in which he stated
that if the plaintiff' desired litigation in the place of
waiting the defendant's leisure, he might adopt it.
This closed the ease fer the plaintiff.
Mr. Murray, for the defendant, admitted that the piece
called The Patel bad been acted, but contended, as re-
garded The Ilapptest Day of may Life, that the assign-
ment having been attested by only one witness, was
invalid in law, and the plaintiff could not recover on
, that.

1-lis Lordship said lie would reserve that point, and •
verdict wits enteriAl for the pluintilr for £26, with leave
to increase it by £lO, if the court should be of opinion
that the assignment was properly attested.