The Express.
London, England, 1862-03-14 00:00:00

(Before the Master of the Bolls.)

The motion in thi;;;;;litbeii;;Deerspaper which stood
aver from last seal was brought on this morning, but after
considerable discussion his Honour declined to make the
order which the plaintiff sought. We should notice that
the interim order obtained last week fell to the ground on
the Thursday after it was made, but as the plaintiff to-day
intimated ha intention to amend his bill, and the defen.
dant's counsel have not been heard, we reserve our report
of the matter. .

Mr. lieh~o &ad Mr. G. L. Runoff were for the plain-
tiff, and Mr. Bowllay and Mr. W. Y. Murray for the de-
fondant. Mr. Monis also appeared for some parties.

Wood.)

This emit was instituted by Mi. William Howitt, the
author, against Messrs. Arthur Hall and Virtue, the pub-
lishers, fur the purpose of restraining the sale of a work
written by the plaintiff, entitled "A Boy's Adventures in
the Wilds of Australia, or Herbert's Note Book." The
copyright of this work was sold by Mrs. Howitt, pendia( her
husband's absence, to the defendant for a term of
four yam, and this idle was subsequently ratified
by the plaintiff. A dispute occurred in the In-
lava between the conclusiou of the contract and
the ratification of it by the husband, ea to whether
the term of four yetis was to run from the date of Mrs.
Hewitt's first letter, or from the time of the publication of
the boa, the former being the liters! interpretation of the
letter. After ratifying his wife'■ contract, the plaintiff
yielded to the requirements of the defendant in this respect,
and received a letter of thanks for doing so. Several edi•
times of the book were published, and at the expiration of
the four years there was a considerable number of comes in
band. These copies the defendants continued to sell, not-
withstanding the expiry of the copyright, considering the
books their own property. Under these circumstances the
plaintiff filed his bill, and now moved for an injunction to
restrain the further sale of the works.

Th;Vic;.dia;;OlTOl:llaiii.Laiib7purclisse of the Dopy.
right carried with it the right of printing and publishing,
sad the defendant was entitled to continue selling, after the
erpiratien of the four years' term, the stock printed by him
under his purchase. The copyright acts were directed
aphid unlawful printing, and whereas in this case the de-
fendant bad been assigned the right of lawfully
printing the work, he was at liberty to sell
at any time what he had so printed. It bad
been
.suggeated that the effect might be to destroy the
copyright in the author altogether, as the publisher who
had purchased the copyright for a limited period only
might, during that period, print off copses enough to last
for all time. But a publisher was not likely to incur the
useless expense of printing copies eeTS to exhaust the
demand far all time, and have them upon his bands
unprofitably. Besides this, even if the act of a sale for
four years might operate in this way to deprive the
Author of all copyright in his work, the answer
was that he bad not guarded himself spinet
such a contingency. If a manifest case of fraud upon the
author were established the court would know bow to deal
with it; but nothing of the sort was shown. The defen-
dants had acted quite boat fide, and were making a perfectly
legitimate use of their contract, and the motion mast be re-
fused—caste to be costs in the cause.
_HR TUC PHISNIX 1.1711 ASSURANCE Lx PARTE ROAR&
_

Thu i.;;;.17I,;(;7.tii;;;;;;i" ip:.;;;4lo;i7plac•
the names of You% Bowe, Young, and Co. upon the list
of contributories in respect of houses which they bold
as trustees. The details of tacos were devoid of Interest.
The Vice-Chancellor bold that Messrs. Hoare most be
placed on the list of oontributories.

COURT OF PROBATE AND DIVORCE.
MARCH 13.
(Wont tbe Judge Ordinary.)
BURROUGHS r. BURROUGHS AHD =COM

After deliberating for two hours aad threeinarters the
jury found that none of the charges of adultery had been
proved, thus acquitting both the petitioner sod the respon-
dents.

GNAT V. GNAT AND THI QUIZIeII PROCTOR (INTIZTINDINI.)
alr F. Slade, Q.C., and Dr. Betake appeared for the
Qnsm's Proctor ; Mr. M. Chambers, Q.C., and Dr.
Wanthey foe the petitioner,.
On the 17th of January, 1881, Mrs. Mary Latina Gray
had obtained a decree nisi for • dissolution of her marriage
with Richard Thomas Clement Gray, on the pealed of
bigam In Muth following the Queen's Proctor
and alleged. colluracm, sad also that Mrs. Gray wasar=4
living in adultery with • person mined Keodsl. In her
answer she admitted the adultery, bat denied the collusion.
The cue a behalf of the crown was this. In
1850, Gray, who had been • commission agent
and a provision merchant, sued Kendal, an omni-
bus proprietor, in an action for trim. cos., but the
cause was settled,and did not oomeon for trial. In 1852 Gray,
representing himself to be • single man, married a Miss
Adams, with whom he lived ha Presoottstreet, at Wapping,
and at Monkey. In 1853 Mrs. Gray called on Miss Adams
and acquainted her with the fact that she was herself the
wife of her supposed husband, and that she was the soother
of three children by him. After this Gray was arrested on
• charge of bigamy laid whist him by as uncle of Miss
Adams, bat as that lady did not choose to leave
the leeno, the prosecution was dropped. It was then
taken up by the crows, and Gray, convicted at
the Old Bailey, received • month's imprisonment.
He returned to Miss Adams, but that lady stated that she
had ant lived with him for the last three yean. Ultimately
Mrs. Gray, though still living with Kendal, brought her
mit against her husband in the went court. He did not
appear, and • decree nisi was obtained In due enure.
Mies Adams having been eraunised,
Sir F. Slade proposed to interrogate Mrs. Gray herself, but
Mr. Chambers objected, alleging that she was not • com-
petent or compellable witness on such an issue.
Sir C. Cromwell held that objection to be good, and
directed the jury that there was no evidence on the Maus
of collusion.

The jury having found accordingly,
Sir C. Cromwell dismissed the petition on the ground el
Yrs. Gray's adultery, but made no order as to costs.

COURT OF BANKRUPTCY.—Macs 13.
(Before Mr. Commisailreer Goa Mara.)

The baulcrupt wee a liesamsd victualler, of the Cambrian
Stores, Caatle-street,.Litice!ter-equsre. This wee the sittiug

for examination and discharge. The debts were 1,4571;
property to the amount of 700/. was held by two creditors
assets of 15/. only had been received.
➢lr. Sargood opposed for the amignoes.
The bankrupt having been examiued,
His Honour said it was doer that the accounts were
utterly fallacious. The examination mutt be adjourned sine
die, with leave to the bankrupt to have a day named when
be was prepared with better accounts. Protection would be
given for a limited period.