The Express.
London, England, 1865-05-11 00:00:00

r

LAW INTELLIGENCE.
(THIS'DAY.)

EQUITY COURT.
(Before Vim-Chancellor Wood.)
kilnCar= 111101.11.—ARRalt-Ita-POGUI Irt MAMMY.
ykis was a motion on behalf of Mr. Bamikaalt, the
„wenn and Mr. Slue, of the Tribune uetoe. New
yob, to reettain the roprietor end publisher 01 the London
,eld, from pabthhing any part of that periodical
veining a tale f waded on the pialatiff's play of Arndt.
wpogne. It appeared that the defendant had published a
ggie wider that title la his periodical. which followed pretty
*may the Mulder:its? and, in some respects, the
wage of the pliontire piece. The stage directions
ace " Glendalough. mooolight, the rains of St. Kevin.,"
big truslitted and extended bito such deserip-
gees as, "In the heart of Wicklow is a lonely lake
awn as Oleudalougb. Steadily rids the moonbeams
ow its silver depths as they bathe in a flood
ga argent splendour the ruins of St. Kevla's Abbey," together
with more of the same kind. Mourn Bouoicault and
Hove, it may be with a want of tuts for flu writing, con-
sidering that the defeadmit's publication wee net an im-
provement on the original Arrah.nnTogne, end that it wu
calculated to injure the popularity of the piece, hied this
and made thew present motion.
On behalf of the defendant it was alleged that the copy.
right in the play would not prevert the right of publishing
the setae matter as a novel, that the play bad been pub-
vend in America, that Mr. Berger had, in fact,
discontinued the tale by piling up the haters and brining
ft to a hasty and unbusioesnlike weelusion, and that really
Do dame wan being done to Mr. Sunsuit, but rather the
country. by the readers of the London Herald being in.
danced with desire to become eye-winnow of scenes so
brilliantly diecribwl.
Mr. Rolf and Mr. Nau, instraeted by Mr. °wow,
and Mr. Giffard, sad Mr. Inca, with Kr. 'Wood, of gb;,
common law be,, iestrueted by Mr. Josiah Merriman, were

Io the awe.
The Vice-Chancellor was of opinion that the facts showed
• oopyright not only in the play u dramatic piece," but
also to the play aso " book," and that, therefore, the pub•
banal of dotal* in the London Herold was an infringe-
ment of tbe " book " oopyright. He felt premed by
the fact that me of the anthon was
who had registered the work at New York. and question& of
porimakthocie might arise upon this at the hearing, but in a
awe of such an ephemeral property aa this the court ought
not to star its hand by Tomos of • doubt whir
thee the relief could be somathed at the hear-
The benefit of the doubt must be given
to the defendant by undertaking on the part of the
*MO*. The order would, therefore, be for an injami-
iies restraining the defendant from making ass of thy
manes or pewees from the plaintiff's work, .firrah-na.
POPO, the plaiotiff to be answerable for damage which the
defendant might be put to by the injunction if th cou at
the hewing came to the conclusion! that thee plaintiff
bad no title,

COURT OF QUEEN'S BENCH.
Sittings in Bineo.—()ore Justices Blackburn, Mellor,
and Shee.l
This was the last day of term. Mine the last day of
term in former years, this presented, se Mr. Justice B-
burn observed, a marked contrast. Until recently, a
rather long day was occupied with motions of various
kinds before three judges sitting in banco is the
full court and two others in the Bail Court. Of
Itte the business has so mach fallen off that the full
tourt has rarely Iwo occupied more than half a day in
bearing motions, and the Bail Court but an hour or two.
To day both conga had disposed of their motions
before 11 o'clock. and the full court promeded with
the mess in the new trial paper. N. longer
Igo than Lord Campbell's time thin court bad
hequently to sit on the last day of term until 7 or 8 o'clock
M sight, and in some instanom after 9 o'clock, in order to
Mrid of the numerous motions it was imperatively news.
y to make on the hut day of term. This term there have
WC probably fewer motions made than has been known, and
they certainly havebeen of the most uninteresting character
pneible.
MINIS v. VLIISH.
This was an action tried at Guildhall before Mr. Justies
thee, when ►
the learned lodge nonsaited the plain-
tiff. Subsequently Mr. Henry James obtained a
isle to set the nonsuit raids sad to-day Mr.
Mush appeared in person to show cause against the
nlib The plaintiff is an auctioneer at Oxford, and the &-
Want is a pabliean and a freeman of the borough. Previous
Utile mow in 1863, the plaintiff put up by auction by the
ikeetion of the race oommittee, though that did sot
smear in the bills, certain plate of land on Pool Meadow,
Ain the rams are held, for the erection of booths. The
dateadant attended the auction and bid for one or two lots.
.He a...pia it during the races, but when payment of
lbe rent was demanded, he refused to pay, upon
ihe ground that an Pool Meadow belonged to the
Mean of Oxford he had • right to occaoy the
had as being • part of his freehold property. He was
mg for the amount, 271., and on the trig the defendant
leek tke same point, and a second that the plaintiff was not
lie right person to sue.
Mr, Marsh to-day, in showing cense against the rule,
nmed the same objections.
Mr. Justice Blackburn said that having bid for the use
of the land, and thereby contracted to pay for it, he could
not afterwards set up that it was hie own land. He ought
to have asserted his right before be took possession of the
had. The only question was whether the right person was
maim him.
Mr. Henry Jamie was then heard on that point. He
sateaded that the auctioneer having made the contract, he
was the right person to sue.
The Court held that the nonsuit must be set aside and a
new trial had, on the graced that there was • case to go to
the jury to show that the plaintiff was entitled to recover
the remuneration for the occupation of the land.
Rule absolute.