The Express.
London, England, 1848-12-07 00:00:00

NAVAL

Tats ,ILTRINTION OF SRO BOARD OF ADMIRALTY
having bun said bp the hats that many of the apprentices in her
Halretradoolmordishavemarried at an unasually early lengthen lad-
ship havedosord it nearwary Minty to prohibit such Indiscretion,
sod have dirwiesd the following order to be Wool on the sublect
Arkerniffp, Des. 4,1114.—1 t having erase to the knowledge at my
lonia tint therrlegos barn hem coutrainad by apprentices at the rage of
11—ern gm 111—in mintrawation of the terms of their agreement.
Wish dein that thay not contract marriage during the period
of Yak thantont. 1 ma is dears you will make known to the
doss that Os dare torn this subject will in future be sirictly es.
kneed, end treat se opproationwill be Owed upon theeetablisimmat
siessig ha many bin ba
ts gamed his time. My lords are sans.
gedrnat. ~Byey m morally. this rostristion will be a basil
to all partiesboth. motes', 11. 0. Wow.
PoaTenorra Die. 6.—Sire., brig, Capt. Clukser,
enfant at 11=sarl yesterday hum the cantor frica. Her date. Si
snag ore, Bt. Paid di Loud; Oet. I ; Bt. Heim, Oct IS; As.
mob" Oct. II; ma Marra Lane, Nov. 7.—Penske., with Ur C.
Hothom. was at Leda. at whisk piece Monti ordeal on OR 1.
The sgondran moo hmithy, sod elan trent to Styes. Sires spike
the Roost. ail woken mute to Sierra Leann of Pp de Verd_j_ead
cm Mid Olt. spahothe Dart. Lieut. 132. ill WO, led Miler, UM&
Pod*. The Dart aegtared deem atm Lim& Hill had Ma
ha worm' el bse—Bitrant esinels to be at dpithsed Ia Feb. ant ;
• Mei sad I beg of mete rapid int snivel in Wren oa err-
stawild rommt. Sires tailed it 11 Ahern last mix; He Illwanam.
to he paid at Oa ilkoati Eight, when the alma wee et/ the Lain
mg, tho min WI gam . end Mitt the arrowor mintsmrd.
the brig yr waft Ned a Mt lowed; bat the Aber to
are the onlor ern wen iknitism, as he was saver sow oillor-
warda Very amen idioms& aem Mourn the Krim la her prat,
and carried away the orpedree sig.
A letter dam St. Paid de and. Oct 6, rays: The
Pmehred Jam, with the flag of Commegare
Sir Charles illol=2.C.Ctsta earn hr
bEart,••• he. et HHeellenaae,,
whore the Ornmoornoto MOIR he caste ad Wes preerd
to Aerardea Wank the Caps de Verd Metre Lem.
Wittig We lOW. In will Mirk it
_ls mdereesed, W pay as • he..
Nit bakeseemedled is Wend in Dasesabor. The brat ma.
des demi lobar Caps laps: and Little Ha Bay i•
t• pot • Map to the darn trade. if viral force can do
an. ad k meld he a wed
_Minim et the et
of that power Gould
dramas lures In ornarael tor twelve menthe er less, and the result
~want, obtained. BoglnsOrtg at Owe Lars, sod gide( south-
ward, gar as little/1i lob to whisk the nation hos been exteeded,
the talleslog me* we aimed Watorwiteh, 1 Com Quin ; Burn,
11,0 an. Chaim, ; 111111 m. 11, O. Hope ; 10, Om.
Chembrlals ; Drl,S, Limn. Hill; Favourite, 14, Coin. Murray;
Basil. tat; CoaDisoss; Memel, 10, Om. Wood; rattly st , Lieut.
Pomanhy; Plato URA Itichardoon ; Oranpler Mut. Lay-
melt• end Oaten, IA Om WM eado. The Wanderer.., Lie
MCorp. Mon.
tra m. has to Award" smiths Heroine. 10. te Wand. It has
bees ad rafts see, we balm, out Irma the Admiralty, for
ialerslmstornirMoyhtelMenad,endeet banter. Nothing
mall be vane We We remmerea I, be BMWs mold be eager fur
the dewa.dsaier We le Wee* his 'laves ow len& and ship them
ad el We et the moil at ember. There is se oboe on the mast
that scald he se worth gwarillbsg, for It timid ma be ieserted for
eardber.andb amid require en the Britton navy to bkaliade this line
of Inn ft snot a mower r to_prevent the wary, energetic slave-
&aim Ham a ergo. We have an runts of emeriti chasm of
a darn on a new principle. Both the Pluto and
Cosamt. Si ail, have been sadly beaten by her. From the Contest
oho pt awes Om several thus, and ultimately with 500 dams, from
Old
BREglag MS, Hoc. b.—The Heave, 84, Captain H.
Ida, la ordered to sail far Cock. Her full oomp'ement of provisions
and Owes are being put show* and she will ho ready la about wren
dsyyaa The Siren, IA Om. T. Matoser from the coast of Africa, is
ordered to be pal of here.—The Tosser, st. gun mewl, of 100 horse-
power, is daily expend here 'from Woolwich, to be repaired at this
matt.-11se Daring, 12, lately in m .rmrniM of Coo. W. Peel, la
ordered to Chatham mid for repine.
Hoveminers.—At Naples, Nov. 27: Hibernia, Howe,
Itorlarn; Terrible, Odin.—At Balm, Nov. >y : Queen, V
At Memo, Nov. 21: Vanguard.—At *Mao, Nov. 21: etl=ttr.

SPORTING.
BE TIRO AT WANCIIESTER—Tosame.
WOLVERHAMPTON STISPLI CHAER.--9 to 2 llt Jerry
(t). 8 to I. apt Richard the First (t), to to t apt Repealer (t).
CMISTRit CUP.-1,000 to 15 art Great Western (t), 1,000
to 15 mm Cannau (t), 1,000 to 15 ag•tlieleabes (t).
DIRBT. —9 to 2 agst The lying Dan, 3,000 to 15
met Magician (t), 1,000 to 10 alt
Rebecca del), 1,000 to 10 apt
81r RI chard (t).

lab) §ntelltplltt.
NOTICES._ _

Commis Tress, Ouitamar..--Criadon li=nriapointments.
—Friday, Dm. 13.—Montymes v. tn. Kat Oxnpany's
Groom sad others y. Hutton ; Pirdrus v. Lanka and Croydon Rail-
way: Moneriell'and another v. Beads and another; Hamilton v.
Cochran ; Draper v. Park.—Dee. 18: Klockman v. Huterdnson ;
Amin and others v. Room; Same v. Shadbolt; Warren and another
v. Peabody ; Cox v. James. —Dee. 19 : Sewed v. DerbyslairegdeLe
talced:
shire, and Worcestershire Railway ; Smith and others v.
Barnes v. Thoup ; Reed end another v. Masai and 'recibir ; Dna
r. Sir J. IrlMPrt.—Doe. 19 : Brown and others v. Kempen;
Wilson v. Thompson and others- Askineon and another v. Musgrave
and another ; Clued' and an v. Martin ; Grant and others v.
Norway and others: Booth,. York, Newcastle, and Berwick Railway.
—Dee. 20 : Kincaird and others v. Willis: Hilbert v. Archbishops
of Canterbury and York; Brown and others v. Norris ; Right V.
Tarlatan: Clark v. Parker and enother.—Dee. 21 : ilPeppercorn v.
Lubbock. Bart.; Johnena v. Marriott; Marquees and another V.
Ruiner and another ; Crane v. James ; Boalfteid sod another v. Glad.
Mane ; Same V. Staft.—Dee. 22 : Fisk v. ftelopeon; Hancock end
another v. Test, Newcastle, and Berwick Railway; Adams v.
Peters ; Maros v. Dmbm: ; Camp v. Meld Burton and
another v. Wilson and others.
Examemnra or Pius.—Sittizuri at NW Prim in Middlemen and
Landon before the Right Hon. Sir F. Pollock, KM., Lord Chief Baron
of ber Mejesty's Court of Exchequer, in and after Hilary Term, 1549.
—(ln term.) In Midelimex : Ist sitting, Friday, Jan. ; Indsitting,
nifty, Jan. 19; and sitting, Thursday, Jan. D. In Landoll : let
sittimg, Thursday, Jan. 15; 2nd easing, Wednesday, Jan. 24.—(After
term.) la Middlesex : Thursday, Feb. 1. In LoMm Friday. Feb. 2
(to ad) aro only).—The court will alt In Middlesex, at NW Prim in
term, by adjournment from day to dot . until the amuses entered fo r
the respective Middlesex sittings are oil The court will sit
during and after term at 10 o'clock.

EQUITY COURTS.—YEITIRDAY.
Deere the Nester of the Rolls.
Tim% v. MOIHST. ALTEL&TIONI IN LElCaatist.
StitrAlut.—The argument on the motion to dissolve the in-
junction in this cue having been concluded, the Master of
the Rolls said the first question wee a legal one, whether the
covenant as to keeping the square piece of pleasure-ground
in the centre of Laioesterequare for the purpose of a plea-
sure-ground ran with the land ? 2ndly, whether a cove-
nant which did not run with the land could be enforced in
nutty? and, 3rdly, whether the injunction could be =sin-
ned in the terms in which it was granted ? The case
of " Itpel te. Bailey " (21d. and:K. Reports, 917), be.
fore Lord Brougham, had been relied on for the defendant.
But there was no decision in that case on the point,
although there was an important dictum. But the opinion
of Sir John Leech was not in conformity with that
dictum, neither was the opinion of Sir L. Shad-
well. There was also the case of "Mann v. Stevens"
(in 16 Simons' Reports). The injunction granted by the
Vic -Chancellor in that case was, on appeal, varied by the
Lord Chancellor, but he continued the injunction, which he
would not have .. if he had thought the court had no
authority. to interfere. And this was a sufficient indication
of the opinion of the Lord Chancellor to induce him (the
Master of the Rolls) not to act contrary to it. The defendant
had also relied oaths circumstance, that the garden had been
it • great number of years, and that new streets
ble the square had been made. He did not think
the waft of new streets sleeted the question. Increased
thereeghbes was no noon why the inhabitants of the
square Amid not have the garden. He did not think that
the neglect of the predecessor of Mozhay, who only pur-
l:baud the eroperty in August last, to keep the garden in
good madiuon' which might be the reason why the in-
hatiftneni did not apply for keys was any ground
for his refusing to intetfere ; nor did he think
the terms of the injunction were quite right.
The defendant bad not communicated distinctly what his
object was. He said that at present he was only making
walks across the garden. But he alleged the right to use it
as his own, and to remove the statue and to build. What
wee now done might only be a step to something more
serious. He should dissolve so much of the injunction as re-
lated to the trees —The injunction, as continued, was to re-
, strain the defendant, his servants, and agents, from convert.
=using the piece of ground and equate garden and iron
round the same toor for any other purpose than as a
square garden and pleasure ground, in an open state and
uncovered with buildings.

hittlap lajhanco.
LIADDet AND ANOTHER v. iUnDAY.—In this ease Mr.
Sejeant Talfourd and Mr. Petersderff showed cause against
a rule for a new trial which had been obtained by Mr. Ser-
jennt Bylee.—The action was brought for an infringement
of the copyright in a musical comocaition called " Festal."
At the trial it Wks proved that the tar was old, and that Mr.
Bellamy wrote the introductory anecdote and the words of
the song, and employed a Mr. Horn to make the aecompani-
ment. In October, 1844, Bellamy agreed to execute
• proper assignment to Leader, one of the plaintiffs, or to
whom he should direct. A regular assignment was after-
wards executed. The jury found a verdict for
the plaintiffs, and that the similarity in the accompani-
ment was not accidental. The rule was obtained on three
grounds ; firstly, that the plaintiffs had not proved an owner-
ship in the whale of the musical :composition called
Pestal ;" secondly, that no assignment from Horn of the
accompaniment had been shown either to Bellamy or the
plaintiffs; and thirdly, that the instrument of 1844 con-
Edon the eloeXasneellor of Enetand. rayed all Bellamy's interest to Leader alone, and he should
Tae ATTORNET.GENREAL V. THE Beam or Semeron.D. hare been the sole plaintiff.—Mr. Couch appeared in support
—INTOEYATION AGAINST THE TRUSTEES or THR MAN- of the rule.—Mr. Justice Mania said,—ln this CMS there is no
CHESTER SCHOOL.—This is an information filed against ground for granting a new trial. As to the first question, who-
the trustees of the Manchester Grammer School, for ther the plated& are entitled to claim a copyrightin the whole
the purpose of haying a new scheme settled for the mauls- work, Bellamy is the original inventer of the idea, writes the
Lion of the school. The case has been before the court upon story and the song and obtains another person to write the
various occasions, and the facts will be found fully reported accent intent. The air is old, but that can occasion no
in the Ist vol. of Phillips, p. 885. The school was originelly d ty. It has been held, a person may take out a patent
founded in the 16th year of Henry VIII. by Hugh Oldham, for improving an old machine, and yet that does not prevent
Bishop of Exeter, for the advantage of such persons as were any person else from making the old one. In regard to the
tea poor to afar{ instruction to their children. By the deed second question, whether an assignment from Horn was no-
isier whisk the school was founded, certain premises per. unary, it is not competent under the notice of objections
ISIEMNI sod erected, at the expense of the founder, were con- to the plaintiffs' title given by the defendant as required by
owed by him to 12 persons as trustees, who were the Copyright Act to take that objection. The statute is
to perform all the acts ordinances and provisions contained express upon this point, that the party who relies upon soma
is the schedule to the deed. By this schedule it was other person than the plaintiff being the proprietor must
provided that there should be a high master and an usher specify that person's name in the notice of objection. As to
hash"; safilaisst literature and learning to teach children the third point, it is competent for parties to enter into an
grammar, which said masters were to be appointed by two executory agreement to assign • and the instrument of 1844
persons therein named during their lives, and afterwards by is not to to Leader only, but to whom he should ap-
the president for the time being of Corpus Christi College, point —Mr. ustice Williams said : With respect to the first
Oxford, and it was directed that every schoolmaster and objection, it resolves itself into a point of pleading, and the
usher should teach freely and indifferently every child and argument concedes that if the work is properly described in
scholar coming to the school, without any fee or other reward the declaration it will be sufficient. I think it is properly
whatsoever, except only their stipends. viz —to the high desenhed.—The rest of the court concurring, the rule was
master 101. per annum, and the tuner 61. The high master discharged.

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