The Express.
London, England, 1862-02-19 00:00:00

COURT OF RXCHEQUER.-FEE. 18.

Sittings at Nisi Priwi at Guildhall.—(Before the Lord Chief
Baron and Special Juries.)
uLTALI, 4. HIGBY.-PORTRAITS OF EMINENT PFItEOMAGEB.
_ _

The first count of the declaration stated that the plaintiff,
John Jabez Edward Mayan, sued the defendant, Joseph
Higby, for the unlawful detention of the plaintiff's goods
--to wit, certain photographic portraits and negatives ; and
the second count charged the defendant with unlawfully
printing reduced copies of the same to the plaintiff's detri-
ment. The defendant pleaded not guilty, and other pleas
denying the plaintiff's title to the property in question.
Mr. Vaughan Williams and Mr. Robertson Blaine were
counsel for the plaintiff ; Mr. Montague Smith and Mr.
Aspland represented the defendant.
It appeared from the case for the plaintiff, Mr. Mayan,
the well.known photographer of Regent-street, that when
Mr. John Tanis projected the publication of the Illustrated
News of Ole World, the latter called upon him for the pur-
pose of requesting him to lend him some photographic por-
traits of eminent personages, with a stew to their being
engraved by Mr. Pound for publication as a series of por-
traits in couuezion with that journal. Heat once assented,
and had from time to time supplied Mr. Tanis with the
photographs, the understand ing being that they should be
returned when required, and that Mr. Mayan's name should
be at the bottom of each engraving. Amongst theae portraits
were those of the Prince of Viales, Lord Brougham, the late
Bishop of Durham, Sir John Pakingtoa, and others, to the
number of about MO. Mr. Tanis became bankrupt in April
last, but the newspaper bed been carried on by asaignees,
and in consequence the plaintiff had not applied for the re- •
turn of hie photographs, feeling that he had an ownership !
in them. Ile subsequently discovered that a large portion •
of them had bees sold to the defendant, who resides in
Pimlico, and had published reduced copies of tho carte de
' visite size, and he then applied for a return of his photo-
graphs,
and on that being declined had offered to purchase
thorn from the defendant, with the view of avoiding litiga-
tion. As terms could not be come to during two interviews
with the defendant, the plaintiff applied for an injunction
to Mr. Baron Bramwell at chambers, to restrain the de-
fendant from publication, and obtained it mail the present
actiou to try his right had been determined.
The Lord Chief Baron, in suminiug up, said that Mr.
Mayan's title to the photographs, which he had lent Mr.
Tanis, was quite clear, and the 1.14001311 were quite wrong
in selling them. He thought the proper course for them
would be that they should give what damages they
thought fit on that part of the case, to be reduced to ls.
if the defendant returned all the portraits which be had pun,
chimed from the assignees. There was another matter which
would be reserved for the opinion of the court. The plain-
tiff claimed • sort of authorship in his photographs,
such as a painter might claim in his paintings,
or an engraver in has engravings; but it was
• matter of difficulty and .doubt what common law right
existed in the authorship of works of genius, such as •
painting or an engraving, or • sermon or a lecture. It had
been clearly settled that if • student attended a lecture and
could take it down in shorthand—he referred to Abereethv's
lecture—he had • right to publish it, and anything which
was uttered in the come of 01:0•111111111i0li, however brilliant
it might be, could, if taken dews, be put into any magazine
or other publication. It had been said that • man had a
sort of copyright in his own faco—(laughter)—and that if he
had his picture taken it could sot be published without
his consent; but be doubted if • person who could take the
likeness of another, in the jury-box or witness. box
for instance, would not be at perfect liberty to
publish it, if he thought It worth his while. (Laughter.)
If • man had • house, and a drawing or • photograph were
taken of it, he could not lay, " I have paid au eminent
architect 100 guineas for • plea of my house, and I will
I allow no one to publish it." On this benne\ of the case it
should, however, be takes for the present that the plaintiff

bad a right to protect bis works, and that no one had a right
to publish a smaller copy of them. They would, therefore,
say what they would give in the wayof damages, sou to
ware the return of the photographs purchased by the
defendant of Tallis's assignees, and what tbeywould give in the
way of damages for the injury sustained by the plaintiff by
the publication of the reduced copies.
The jury awarded26l, to secure the return of the plaint4fra
photographs, sod 40s. to their republic:diva bytke defendant
at the reduced cows.
His Lordship reserved leave to the defendant to move the
court as to the plaintiff's right to recover on the latter
branch of the case, and certified for a special jury.

COURT OF BANKRUPTCY.—Yu. 18.
(Before Mr. Commiesioaer Habort.)
IN ILI IIF-NET ST E.

HL Honour directed an adjournmentfor further accounts.
ut rzrza 110118110N.—PReCLANATION 01 ourcAvrat.

The bankrupt was the well-known manager of the Bank
of Deposit. This was the lett examination meeting, which
bad been appointed before the resolution passed at the last
sitting for winding up the estate privately, but which reso-
lution the court declined to confirm.
Kr. Linklater, on behalf of a creditor named Chapman,
tendered a proof for 200/. in respect of money deposited in
the National Assurance Ameciatioa. The proof had been
rejected by the registrar ; but it was contended that he had
no right to deal with disputed proofs. The company was
not an incorporated company and the form of the receipts
given for deposits made the depositors unwittingly partners
in the company. Here the wife had made the deposit, and
as the husband vu not aware of the conditions, and the
money was his, it was contended that he had a right of
proof.
Mr. Lewis, for the assignees, resisted the proof, on the
pound that the
.proceedings bad been suspended by reso-
lution of the creditors.
Mr. Linklater said he only sought at present to put a
claim on the proceedings. He submitted that, as this was
the day appointed for the last examination, and as the
bankrupt had not surrendered, he had brought himself
within the penal clauses of the new act, and was liable to
be iodicted and punished for a misdemeanor.
His Honour said that the 110th section, under which the
resolution was passed, must be taken altogether ; ad. by
the latter portion the bankrupt was bound to make a full
disclosure of his estate. If he were allowed to defer this
for an indefinite period, it might be a means of evading
the law altogether. The court was anxious to give
full effect to the resolution of the creditors, but its
jurisdiction still continued, sou to prevent injustice being ,
done under its process. Under other sections the court had
large jurisdiction reserved to it in cases taken out of the
court, sod these sections might be called in aid of the one
under which they were now proceeding. The words of the
137th section were very strong, and empowered the court
to set aside any resolution if fraught with injustice. This
did not appear to be the case here ; but as the bankruptcy
was not suspended for all purposes, as the bankrupt had
not surrendered, and made no excuse for omitting to do
so, the ordinary steps must be taken. He might afterwards
apply to be allowed to surrender, and could then urge on
his behalf the resolution of the creditors. The proof tee- I
dried by Mr. Unklater would be admitted as a claim, giving
the creditor the right to be heard on the last examination
and the order of discharge.
The bankrupt was then proclaimed an outlaw in the usual
form, the messenger calling him three times outside the
court.
(Before Mr. Registrar Haalitt.)
Ilf 11.1 T. O. MIDIS.
The bankrupt was a leather-merchant, described as et
Ounberwell, but his dealings had been chiefly in Paris,
where he had beau placed by Mr. Laurence (of the firm of
Btreatieild and Co.), to facilitate their discount operations.
This was the last examination meeting. The liabilities are
stated at 40,0001. ' • assets of trifling amount. The bankrupt
has not surrendered, end of course no accounts had been
filed.
Mr. Brandon, for the assignees, asked that the bankrupt
might be proclaimed, which was ordered, and a warrant
was granted for the apprehension of the bankrupt.