The Express.
London, England, 1865-12-14 00:00:00

LAW INTELLIGENCE.

EQUITY COURTS.--Den
(Beim VicerChaneellor Sir B. T. Moderately.)
IRS LEL OP enimmentir AND TALBOT V. TEI NOETE
wrarroansansi RAILWAY COMPANY.
The salt was instituted to MOTIF a mm 01 204004
which the plaintiff claimed to have paid to him to be in.
vested on the same trusts es the Shrewsbury settled estates,
and which wee claimed to be doe from the defendants
=doe the following einumsteam :—ln 1845 a company
was promoting a railway allied the Churnet Valley Railway
Orempan. The Una Earl of Shrewabory, Earl John
opposed the bill, and to order to buy off hie opposition the
y entered into an agreement, dated 25th February,
=sato
.pay him 20,0005 in addition to the ordinary
amthwthtiths foe land and enemas. The bill did not
pals, bat the man line was subsequently tap::
wes
by the North Staffordshire Railway Company, who
• bill empowering them to make the raliway. 'The North
Btahmidshire Mammy adopted the agreement with the earl
by resolution of the board of dirntors, and they attached
the seal of the eempaay to it. It sot bebg convenient to
the company to pay the mosey ft was imaged that they
should pay interest for it at the rate of 5 per cent. Thin
Me of intermit they continued to pay for some lime, but
afterwards the rate was lowered to 4 pm net., and was
paid until the death of Earl John, which took plan in
1852. Earl Bertram then rim:ceded to the title, and the in.
tenet not being paid he commeaced a snit which was
abated t death, which took place in August, 1858.
Some litigation then took place as to the suetession
to the earldom, but eventually the t earl established
his claim to the tide. By a ad of parliament the
estate' go with the title, and the present earl kavieg 'stab-
limbed his right to the tills, became thereby entitled to the
estates, and the present WI was filed is 1862, by which he
sought to mom 20.0001. and Ilse arrears of interest which
have accrued since. Theddeedants, on the other hand, re-
sisted the demand, on the ground that the agreement was
ultra Tires, and that even if the agreement were valid it
was one peasnaly affecting Earl [John only, and that the
present plaintiff mould sot recover.
Mr. Rolt, Kr. Bevy, and Yr. Wickets appeared for the
plaintiff ; Mr. Osborn and lb. Dickinson, for the executers
of Earl John, is the same interest ; Mr. Charles Hall, for
the eseentoes of Earl Berman ; the Attorney•Geneel, Mr.
Clam, and Yr. Brill, for the defeadants.
The ease was not ooncluded, Mr. Bolt having oaly pan
tially replied when the court rose for the day.

00IIRT OP COMMON PLEAS.—Dio. 13.
SUMap at NW Pans in Losthati.--(Befere Lord Chief
Jastke MP sad • Special Jury.)
nasals e. ADENOID AND Aiwa=
This was an adios to recover &maw is eonsequethe I
of the plaintiff's copyright in Sir Edwin'Landseer's "High,
lead Nunes." and in Mr. Feed's 'Llaiin Fireside" and
" Daddies Coming having been
The Soliettaramiteal and Mr.7.--tegase Waliams
appeared for the Oust& ; and Yr. Coleridge, Q.C., and
Mr. Hew for the dafendissts.
The plaintiff was the wall-known pilot publisher in Pall-
mall, sad the defeadaals were dealme in photographs, in
Newgatarstrest. The plaintiff's came was that he had par.
chased the right to publish prints engraved from the
pictures in question, and that photoraphs of " My ale
Fireside," and Daddies coming, " had been purchased at
the defendants' shop. A photograph of " Highland Nurses"
had been purehassd of Mrs. Jackson, • photograph selleg,
at Lsamingtos. tad she bad bought it of the &fondants.
Evidence was given that these photographs appeared to
have been taken from the plaintiffs prints, and it wee said
that the side of photographs snob as these was extremely
injurious to the business of printeelless.
Mr. Coleridge enraged his doubt whether the sale of
aixpennT photographs at all interfered with the sale of
fin guinea prins, whilst it was dim that the value or
fame of the original picture was not at all depreciated
by the new lodate of multiplying caplet. As to
the feats, the defence was that the two 'cravings
from Mr. Feed's pictures had not been sold by
the defendants. The defendsats were unaware that
they
_had any such prints in their shop, they were not be
eluded in their list, but if the plaintiff's witness was not
mistaken in his evidence, them the photographs in question
must ban got among the defendants' stook by some sad-
dest. As to the ' Highland Nurses," it appeared that
Mrs. Jackson said that the bought it of the defendants not
later this Mara, 1864 ; and according to the statute the
adtiON for infringement must he communised within six
mooths of this time. The present action was sot brought
until after the expiration of this period, and therefore it
would not lie. Another defame was that " Highland
Nunes ^ was • photograph of a photograph, and that this
was no infringement of copyright. He also said that no
doubt his lordship would rule as it had bees previously
ruled " (lambert v. BA"
and he should, therefore,
tender • bill of exceptions.
Hie Lordship said that it would be better to reserve the
point, with lens to appeal.
Mr. Coleridge said he should also reins several technical
points of minor importance.
Mr. Ashford. one of the delesdaats, mid that be was
not aware of having sold the photographs from Mr. Fad's
pictures. He never saw any such on his premises, nor had
they ever been included in their list. All the copies they
had of "The Highland grin
bad been suppled to them
by Mr. Mayen, • photographer of Dahlia.
The other Mr. As- tiford gave similar evidence.
Mr. Maven stated that he did not use the print of "The
Highland Nurses," but photoraphed from • photograph.
His lordship said that in lug opinion the plaintiff would
not be entitled to keep any verdict in respect of "The
Highland Nurses,* and therefore he requested them to
divide their verdict, giving /*plicate findings in respect of
this picture and of the two others.
The jary returned a verdict for 40s. in each ease.