The Express.
London, England, 1862-03-11 00:00:00

SNOW STORK AND OSSAr FLOODS IN
SELKISKSHISS.

On Sunday, Wednesda , and Thursday last,
snow fell in the neighbourhood of Selkirk to the aggregate
depth of 12 inches, but partial thaws bad melted a great part
of what had fallen previous to Thursday, when It tall lest
and thick for fatly eight hours. In the sources of Ettrick
and Yarrow the fall was still greater, especially on Thurs-
day, sad In the neighbourhood of St. Marys Loch the
nadrifted maw ley ld inches deep. By Friday morning a
general fresh had set in, and, although little rain fell, the
soft newly-fallen snow melted under a south-west
bonne with ansasieg rapidity. As • °pawpaws, the
rivers were speedily in flood, and continued rising through-
out the day until between six and seven o'clock,
when the combined waters of the Ettriok and Yarrow
presented a some never perhaps witnessed within the
memory of the oldest of the present generation. The low-
ly*" hawks were for many acres but vast lakes of water,
'kick, forcing for itself outlets, rushed again into the main
stream like so many rivers. Throughout the evening,
crowds of people gathered at Selkirk•brWge to pm upon
the scene, which, looked upon in the pale light of the new
moon, was very imposing. In the early part el the day,
sheep and othersteek near the courses of the riven were re-
moved to plane of safety, and the damage sustained will be
chiefly confined to the carrying away of embankments,
and soil from the fields. The losses in this way
Swill:tine is reason to fear, be very serious"; but the waters
are not yet (on Saturday) sufficiently subsided to
admit of their being ascertaised. The Ale reseals° in higher
flood than has been seen for many years, and no fewer
than four bridges have been carried away between Ael'
kirk $ll4 Ancrum, via., the old stone bridge at Askkirk
i',74llololeffeTeri o,* pot been used for tad° since the
construction of the present turnpike, about thirty years
ago), an iron bridge at Linthill, and a wooden one neer the
same place. and another of the same material at Banters-
ford, near Newhall. The Tweed was also heavy, but not
more so than at the time of the great and disastrous flood
in November last. On Saturday the snow bad disappeared,
except from the tops of the higher ranges, and the weather
was dry and calm, with a temperature of 30 depose.
Scotsman.

art
week have
:Itesthnel:staDriLng southerly 7galets-whicl-11-11.Nti;
Injury to shipping upon the coast
of Northumberland, considerable injury has arisen through
the snow melting suddenly upon the hills and flooding
the mountain streams in the west of the county. Sheep
and cattle have been lost, and seven! farmers and farm
014"flete have had narrow escapes of being 'swept away by
the floods. But the most serious casualty has occurred
on the Border Union Railway in Liddisdale. On Thurs-
day last there was an accumulation of water in Flash
Burt, where the stream passes under a high embank-
ment of the railway through • culvert eight feet in
PROGRAMME FOR TO-MORROW. diameter. The bank had slid down and stopped the tunnel,
extra, and the accumulation of water, 20 feet deep, threat-
with 100 added ; winces
Serena HANDICAP of 5 eon. each, 2ft., to the fund, ened to sweepaway the embankment. Mr. S. F. Tone of
this he. Five furlongs. (56 subs.
this town, the eogineer to the cowpony, entered the tun-
CeemepollM • 9lt Retest*
Age IX lb Age et 1 net from the other end, accompanied by Mr. Thomas Ridley.,
Little Lidy (In ?Ibex) 4 dll Harriet
Lord of tbe Manor .. 6 8 8 ltrorpttan g a shovel, intending to piercethe mass of clay and let through
Osuntlet
Memo 4 8 1 Cby Wild Myren— the opening. In an instant the mass of clay gave way, and
Vulture
Olson 5 7 11l Queen of Trams .. 5
llithonalmi
Longshot
Tattoo
Corona 5 7 8 Sly Mary s melted snow, and drowned. His body had not been found
Volunteer
Maid of Honour, .. 6 7 6 Humming BM 11 and four small childreu. The weather on the east coast of
Antwerp (data Belie- Haddington
Weans) .... ....... 4 7 4 Colwell
OsibardlsO
Mat Emma 4 7 0 Master George II 1 LONDoN MPA'HANICs' I NSTITUTIOS7.—At the 153rd
Bradfield
Pancake
Montrose
Confeseke 4 7 0 Spleebox s poi the past quarter amounted to 2110/. Ide, 5d., waking with the
Renyemeratar
Gazelle
Harebell
Maid el Cbesterfleld 5 010 David Ann 4 paid with to the amount of 250/. paid off, leaving A balance of
Pilot
Brilliant 4 6 8 Elizabeth
Tim Whiffler
. .. leaving the Right Hon. Lord Brougham the only surviving
A ruin of 40 love. (Handicap.) Winners of any num. ._..rae,
end it
will be a
see. a a
eetatitettee it
the
cap after Feb. 13th, 71b extra ;or of any handicap at this '''""
liabilities of the trustees can be stir more lessened or re-
meeting, 9th extra, but not accumulative. Three furlong., mooed by an eneoendoi exertion that can be made, The
Age at lb Ago at lb
Mlas Julia
Darnel 6 710 Bnfflant 4 419 members dace the death offs Berl Highness the late
Obese (Inc 71b ex) .. a 7 6 Lanka 6 • 6 Prince Consort, Mr. Cooke moved an address of condo-
/the Loma
Count 8010 4 7 3 Nate
4 pall HOSPITAL For. DISZASLI Olfasruk
funds
iataa Cttbhileir, ienh'iut'Virrtiler°tic'ealt wiSAast.-
Castile
NW Penhill 3 7 0 banter
pPArerched.--Aonsersmandons‘iyn aild.oonifiothge
Paradox 3 7 0 Shillelagh
Tux ALL-ACED SELLING STARES of 5 sue. each, with 25 Duneten-in•the•Fest, by the Rev. Stephen Bridge, M.A.
added. T.Y.C. To close and name this evening (Tuesday).
lot
epreatatleeheorldeslti.vejredohn,anwthableanddiacounthrrever.fZ,min 4th.i aceiha
hpdeclared,.
Tae GRAND NATIONAL STNECLECHASZ (Handicap) of 20
et
sous. each, b ft, and 5 only if declared, with 100 added ; the Strongly urged the Claims of the charity to more general
second to save his stake ; winners of any steeplechase after support, and especially the need that existed for en increased
amount of annual subscriptions. The collection amounted
January 29th, once Mb., and twice or more, 10lb extra.
About four miles. (89 subs., 34 of whom declared.) to 321. 2e. 2d.
Age at lb AV sub RAILWAY AND PUBLIC COMPLINIEI4 IN PAHLIA-
Huntsman
Oman • 10 17 Cannibal • 812 doe and Brighton Railway Company's enlargement of their
Jealousy
Bucephahts
Mariam in. 10lb ex) • 16 8 'Ash Emigrant • 8 7 um
Thomastown a 20 4 maid 01 /Ame, 04 14
.. 4 a 7 or. was opened by Mr.Serjeant Wranghom,Q.C.,with whom
llvn Lomond di b)
Yorkshire OM • 10 4 KOJI WHIWI•
Emperor am 61D W.. • 10 4 The rest peg 8 seem each. i dertakings connected with the district as ono united scheme.
patellar do. Wheal • .10 4 The Bag • 16
.9 1 The bill of the Great Western Railway Company for addi.
Bridegroom
a / ' ' timed powers after en address on behat of the Loudon and
Johnny
Brunette
wwoughby (b to) .... • 1 0 Fle=l 5 to ease of the promoters of the East Gloucestershire Railway ie
Dade Ned • 1 0 The Greek
Comet • 1 0 O'Connell
Redwing • 1 0 Longford II 180 : solltlhueti.Zrzbolseidoer
tae bill
Thed theform
Eallistreeclanicotiueentioeif titeillie pwaroo:
! ! and other companies amalgamation is deferred until the
Lined* • 17 Tumbler
... ' 7 other bills before the committee are finally disposed of. but
Baba= 6 I Tippler
Thos Tema • 8 Wertheim Heti s y the pramoble of the bill is virtually peeped, end yeeterdey
Hamm • 5 The 7708har a 7 clauses were agreed to giving the Norfolk and &stern Rad-
Seireffna • 0 Amtdope (111)
0111•••• I 0 laegiiisMp • 7 , soder the amalgamated company, but without conferring
NoUralk) $
0 Xmas a I. on the eremmay_the power relating to eteentheals.
NW lgada. • 0 Larry
71se Dime
Beale
.... ; 1 CZYITAL PALAC/L 081 8D1LL11444 DAT.
a /II legok Sono Gib) ~... a • Yonner, Yawn W.—Admissions on payment, 667 ; ditto
Test a 12 Wadi 41 5 by seems tidtets, 616—total, 1,202.

PARIS FIRST CLASS and LONDON FRIZZ
MEDAL*.
Of illtalllTHS awl minima&
nameatartery, 14 litartettaalausl. Oaviabolaisa. W.C., UMW
X. It Rua ortanthhateat la donna at la Yam maks& rid as
Istarilare at I usch,cll.

HARMONIUMS-NZW ][ODIC
CRAMER. SEAM awl Won°. 191. 1•00140,1114.

Elte earpretifs.

_TO_ °pump° x DENTS.

Avordowwobbi logurdlool ter 6' The Lawry's' Lambs Evening
mob be as the °Mk e, to, butworlowleset. by Two
ode#ealM44dpubtkMloa.

pLITUAIEBE.

gm OCR AIIiILICAIC6IIIIN. Ilium Spears,
!artV mg lagers : Mrs C. Young, Mos Maar.
Fla TO amT. Yr. Haas sad Mrs C. Y0w15....
Ma YAKUT Jh.ls Mr. Campos. —Oramsresa al 7.

PRI t4OIOIIT

TM!! Emma. Tlll ANOLL OF MIDNIGHT. Main.
Rpler, Ih.tter, Witl•ltenmb . Madams ItelMnig, AOOO4
Mr444.,001. Marriott —O4 WOKING Till ORA :LK —A.4 THE
YANK EIG 1101 SILICKILFSIL Sir. and Mn. W. J. Florence.

R. 4ANIINII,

Tun ETintun, CRIES Oa WC& Mews. G. Vining,
Delbert, etephent, NotAaa, Mathews; Meedasee HerlArt,
Romer, rani Matthews.—ANA PINANt.II AND ANDSONEDA.
Mr. C. Matthew,. and Niue Herbert. -Combeare it 7i.

.81117kN1I A.

Till Emma. ReI.:NE9W-7a cum!. Yin Mire's
Wonderful Glue stri•nr. - THE SONS Olf COLIWBIA.—And
THE GAM LECU WIPE. fivirs. Re) nolds and Drummouti ;
lirs. S. Laue.—Counnsente at Si.

111O11WATIS AT LOSLAMBAIDOLL

TEVI th Om Afternoon. ITb.
To-seasow —Morning. ton-- Afternoon, lib. Atm

LONDON, TUESDAY, MARCH 11.

Fos some years past the question of giving
further protection to Trade Marks has been urged

by the mercantile community upon the Legisla-
ture. It witi discussed at the meeting of the
Social Science Association in 1859, and the Cham-

ben of Commerce throughout the country have
since expressed a very decided conviction that
some change in the law is necessary. Lest year
Government introduced a measure for the rupees
of meeting them desires, but after passing through
the Lords it was dropped in tho Commons. This
year they have again brought in a Bill, and the
. _

idemberi for Sheffield have also offered a rival

claimant for the honour of enactment

productions are to be referred to a Select Com-
mittee ; but while we await its judgment, before
entering on a more detailed criticism, it may not
be useless in the meantime to cut a general
survey over the present state of the law, and over
the modifications which the several proposals are
designed to effect in it.
A Truk Mark has been likened by some of the
more imaginative of the minds devoted to
commerce to the coat of anus of a knight. It is the
badge by which the prowess of its owner is recog-
nised—by which, without divulging his name, he is
known as one without fear--and, let us hope, without
reproach—wherever his goods are exposed in the
world'ismarta. But Trade Marks have never had
a Court of Chivalry for their peculiar protection.
They have been left to such respect as the law,
proceeding on the general principle of repressing
fraud and personation, ceuld afford to them. There
has been, indeed, a time when the mark or sign
of a trader was of even greater importance than it
is now. When reading was a rare art, each shop
as well as each manufactory had its sign, by which
purchasers might be directed. It does not, how-
ever, appear that the law ever took notice of the
fraudulent appropriation of these merely retail de.
vices, and their owners were left to such remedy as
that adopted by the famous Carlisle innkeeper, who
asserted the identity of his hostelry, while offering a
delicate compliment to the new Bishop of the dio-
cese, by writing under the portrait of that dignitary,
exhibited at the door, the announcement, " N.B.

"This is the Real Old Cock." But when !a ma-
nufacturer had for a series of years distinguished
his goods by a particular mark, the law was ready
to give damages against any one who should
dulently pirate it, and Equity would grant an in-
junction against coutiuuauce of the fraud. Nor
can it be justly said that this is a privilege the
nessissity of which is obviated by the modern use
of reading. A name by itself is little distinction.
" Slum" might be justifiably stamped upon the
articles of a thousand different makers. Even a
double name, as in a firm, is not enough. DAT
and MARTIN found it necessary some years since

to apply for an injunction against a firm, the
!amber' of lore bonA fide the same name,
imitating the appearance of their Trade Mark, by
which alone the gel, uine vendomof theblacking could
be distinguished. Moreover, in many small articles
the name at full I •ngth of a firm could not be im-
pressed without unsightliuess. Hero the mark of
a Crown, a Lion, or a Sword becomes the only
available means of assuring the public that it gets
the goods of the makes it prefers.
But though the principle of ownership in Trade
Marks is thus sanctioned by the law, the present
provisions by which it can be enforced are such as
in great measure to annul the boon. An action
at law or a suit in Chancery, in which usage for
years must be proved to establish ownership, and
in which the opinion of the judge or jury whether
the resemblance between two marks is close
enough to deceive, is at best an expensive, cum-
brous, and dubious :milady. It is proposed,
therefore, as the root of the new legislation
which is called for, that a fraudulent imi-
tation of an existing Trade Mark shall
be subjected to the severer penalties of being
accounted a breach of the criminal law. it is
Loped that those who would have been ready to
risk the consequences of a civil action will shrink
from the terrors of a conviction for nfiedememour.
And, indeed, if any effectual stop can in this way
be put to the practice, it can scarcely be urged
that it is not justified by the principles of our
law. Them is no distinction in principle between
defrauding a man by forging his signature, and de-
fraudiug the public by forging his mark. if the
forayer be felony, we may fairly enough designate
the latter at least misdemeanour.
But in the method by which this principle shall
be carried ont in practice, there is a fundamental
distinction between the Bills of the Board of
Trade and of the Members for Sheffield. The
former leaves the ownership of any par-
ticular Trade Mark to be established as at
present. The latter gives protection only to
such marks as shall be registered with
a public officer appointed for the purpose. The
former scheme involves the smallest change in the
law. But in favour of the latter it is urged by its
promoters that it is desirable at once to simplify
the method of proof by rcillicing it to a certificate
from a public office, and to forewarn manufacturers
of the fact, that certain devices are already appro-
priated by others of the trade. This is a matter
on which the Select Committee will do good ser-
vice in eliciting the opiuiun of the rucreanti"e
world. The interest of the public is confined to
the object, that in purchasing goods it shall not
be misled as to the maker by the existence of two
marks of the same appearance.
There is, however, a point of • somewhat corral*,
tivo nature, which the Bill of the Board of
Trade deals with, while the Sheffield Bill leaves it
unnoticed, in which the public will be apt to

think that its own interests call for proteslion.
This regards the practice of labelling goods as
being of a quality or quantity different from what
they really consist of. Every housewife knows
that the reels of thread she buys marked 500
yards may not contain half that length ; and the
system of short measure and short weight is
carried out in innumerable instances of greater
importance. Suzh practices Mr. Muscat GOWN
proposes to restrain by enacting that any such state-
ment shall be deemed a part of the contract be-
tween the vendor and the purchaser. It may
certainly not often happen that Materfamiliaa
shall sue in the County Court for her miring 200
yards of thread, but the public will welcome an
enactment which will at least discountenance, if it
does not wholly put down, the urblushing system
of falsehood in mercantile advertisements, which is
one of the prominent disgraces of our age and
country.

CO Court.