The Express.
London, England, 1867-01-12 00:00:00

THE EXPRESS, SATURDAY EVENING, JANUARY 12, 1867.

so, as holding a most di Norma position front s oar fathers.
Tney, living under the full light of universal alouopaniy, and
11:. slug recoiled., correspouding education. hit:,,L.ced. is
hew and (as I must think) a most pestilential and legr.el.
tug error ; their whole attitude was one of rebellion against
established truth ; and (though God alone knows the heart)
there was the strongest presumption that in each instance
the error was caused by personal oh:sedum* ami corm:),
Lion of mind, whether in the way of pride or of sensuality.
You d'tfer (rout them in all these respects ; you do
but hold what you have been always taught ; and you have
listened to the teachings of those whom God himself has
entrusted with the charge of your education. 3loniover,
I fully believe that now you are admitted to political pri-
vileges, you will eagerly join with us monogamists in oppo-
sition to the aill graver and deeper errors which are now
la:ginning to menace us. There are portents rising above
the liothon which even you regard with antipathy and bor.[
roe. Views are being secretly advocated about the faintly re.
lati•ai,which are as far below yours as yours (excuse met are
below ours. 'sincerely hope and expect that by our free and
full incorporation of you into our political system, we shall
obtain vour cordial help in the tremendous struggle which
is now before us. As far as you and we are concerned, we
shall try to make converts from your body, and
you front ours ; but converts in either direction
will be visited with no civil penalty or disability.
Civil penalties will he reserved for that body of still
more extreme and abominable misbeliever, to whom I
have adverted ; and I trust you will unite with us in in.
Victing on them those penalties when the necessary oeca-
si•nn arises."

The parallel which we have intended all through this
imaginary historyia soobvious on the surface, that it would
waste time to explain it. We will only observe two
thing.:ll) Catholics are absolutely certain that catholicism
is true, and that it is immeasurably superior
to all counterfeits in its moral and religious tendency ;
and they have Ito speak within the mark) far stronger
grounds for this certainty than any monogamist, who is
nut a catholic, can have for a similar conclusion in favour I
of monogamy. And (2) we have pointed out that every
one amongst us at the present time, will at once see the
degradation of character which would ensue in any country
which should treat monogamy as an open question, and
tolerate polygamy by its side. But with still greater clear
nem did inedia,val catholics see the far deeper degradation
which would ensue in any country which should treat
catholicism as an open question, and tolerate heresy by its
side. When we say far deeper degradation, we mean that the
medLeval state of society (as regards the particular point now
before us, not in other respects) is in a far greater degree
superior to our own, than ours is to one in which polygamy
should be freely tolerated. To take one instauce only out of a
thousand, the language and general tone of protest:Late on
celibacy and counsels of perfection, are as corrupting and
degrading to a country which has hitherto been exclusively
and intolerantly catholic, as the language and tone of Mor
monites andTurkswould be to a country which has hitherto
been exclusively and intolerantly monogamous.
We infer from what has preceded that those principles
on " the Mate Repression of Religious Error," which the
church authoritatively teaches, are those which reason by
itself would indicate as alone sound and true.

NOTE. —For instance, the " Quantg Cunt " condemns the
Proposition that "that is the t oondition of society in
which no duty is recognised, es attached to the cisil
rower, of chastising, by ' enacted penalties,' offenders
Against the catholic religion, except so far as public peace
may require."

tabi intelligence.

EQUITY COURTS.—JAN. 11.
(Before the Lord Chancellor.)
w tTERS r. THK KARL or sHWTY.MICRT.

The Lord Chancellor also delivered judgment in this
appeal from A ice-Chancellor Stuart. A full report of the
facts appeared in our columns in December last. The
plaintiff was steward and land agent to the defendant from
18.51 to July, 1863, at a fixed salary. In May, 18.57, and
is June, 1862, provisional contracts were entered into be-
tween the General Land Drainage Company and the Earl
of Shaftesbury for the execution of certain drainage works
on his estate for the sum of 13.000/., and other contracts
were, on the same days, entered into between tbedefendant,
the plaintiff. and the company, under which Waters by the
desire of the defendant became the agent of the company,
and agreed to execute the drainage works for specitiedsums
to he paid by the company. At the time the plaintiff's
employment as steward and land agent ceased, one contract
was completed and the other only in part. Waters claimed
to be paid a balance of 3,827 f. 12a. on both contracts
as to the contractor of the company, being the difference
between the sums paid by the company to the drainage
account and the sums paid by the defendant to Waters
during the progress of the operations. The defendant
contended that the plaintiff was merely • nominal con-
tractor, and acted as his agent at a salary, and war only
entitled to charge the actual cost price of the works. The
Vice-Chancellor held that the plaintiff was entitled to the
I balance of the contract money. The Lord Chancellor,
after going carefully through the evidence, was of opinion
I that the plaintiff bad wholly failed to establish his right to
be treated as • contractor. If Waters were the real con-
tractor, no reason could be assigned why in addition to
his profits as such the defendant should have secured him
from all risk; but it was impossible to find even in the
evidence of the plaintiff any distinct statement that it
was understood by the defendant that Waters was to be
paid for his services. That part of the Vice-Chancellor's
decree which allowed the plaintiff the profits upon the
two contracts must be dismissed with costs.

The Attorney-General, Mr. I toupell, Mr. J. Chester, Sir
IL I'almer, Q.C., Mr. Bacon, Q.C., and Mr. Snape appeared
for the parties.

COURT OF QUEENS BENCH.—Tex. 11.

Sittings in Banco.—(Before the Lord Chief Justice and
Justices Blackburn, Mellor, and Lush.)

WOOD V. BOOISET AND OTHERS.-DRAMATIC COPYRIGHT.

This was an action tried before the Lord Chief Justice
for an alleged piracy of the music of a German opera called
The Mirry Wires of Windsor, composed by Otto Nicolai,
and published at Berlin in 1849, and of which the plaintiff
professed that he was the proprietor. This action was
brought under the International Copyright Act, 7
e. 12, which gives a copyright in foreign works
including musical compositions, but requires that, by
the order in council, there shall be registration
according to the sth and 6th Vic., c. 45, of the time
and place of first publication, and provides that no author
shall be entitled to the benefit of that act unless there is
such registration, which in the present action it was
alleged had not taken place until, at all events, the publi-
cation complained of hail occurred. The opera was ori-
ginally composed and published in Berlin so long ago
as 1844, though it had only been comparatively recently
known in this country. It was admitted that there
had been an assignment of the copyright to the
plaintiff ; but the case for the defendants was,
that there was no legal copyright and no property in the
music whatever, so that any person had a right to go to the
original music, and cull from it such pieces as he pleased,
as the defendants had done. Though they might have
infringed the copyright lathe original opera, via., the score
as it was originally composed, it was denied that the defen-
dants bad pirated the plaintiff's English pianoforte version
of the music. The defendants further contended that an
English copyright in a foreign musical publication can only
be acquired according to the provisions of the act, and that
these provisions had not been complied with. Secondly,
that, assuming an English copyright to exist, it had not
been assigned according to the provisions of the act, so
that the plaintiff had not got it vested in him. Thirdly,
that even if he had it he could maintain noaction for its in.
fringemept until he hail made an entry of his ownproprietor.
ship, which it was urged had not been done. With regard
to the first point, the objection to the entry was that the
title was not correctly entered, and that the original title
in October 1651 was not followed. The original title was
not only "Die Lustigen Weiber von Windsor." Comische
opera, composed by Otto Nicolai," but some further words
were added, such as "After Shakespeare," &c., and the
entr7 in this country of a pianoforte accompaniment as
distinct from the whole score of the opera had only the
principal words of the title. The name and place of publi-
cation were entered as Otto Nicolai, Berlin, without saying
where the Berlin was ; and so of the name and place
of abode of the original proprietors, " E. Bote and J. Beck,
Berlin," without mentioning Prussia. There were
similar objections to the entry, the assignment of the
copyright in August, 1864, the time and place of
first publication being entered as "Berlin, 1850,"
not stating Prussia, nor mentioning the month.
It was further said that the time of the
entry was more than •,yerir after the original composition,
which it appeared had been published abroad, but
only performed at the Opera. An objection was also taken
to the entry of the name of the assignee at Stet *nets%
hall, which was simply entered " George Wood," without
any mention of his place of abode, as required by the
statute. On the trial the plaintiff was nonsuited, the Lord
Chief Justice reserving the points raised for the opinion
of this court. And it was arranged that, in the event of
the court deciding in favour of the plaintiff, the damages
should be assessed by 'some competent musical authority.
Subsequently Mr. Serjeant Parry obtained a rule to set
aside the nonsuit and enter the verdict for the plaintiff.
Mr. Coleridge, Q.C., Mr. J. Brown, Q.C., and Mr. Blanc
to-day showed cause against the rule.
Mr. Serjeant Parry, Mr. Patchett, and Mr. Pike sup-
ported the rule.

In the course of the arguments great reliance was
placed on the part of the defendants on the decision of
Vice• Chancellor 'Cindersley in the recent case of " Low
v. Routledge," as to the necessity of the assignee
registering his phase of abode, and further that by the first
count the defendants were harged with having infringed
the pianoforte composition of this piece, which certainly
was not Otto Nicolai's, he having composed the soore, but
Bressler's who aminged it, it being a new composition,
requiring skill, knowledge, and musical taste on the part
of the arranger of the pianoforte accompaniment. His
name, it MO said, ought to have been given on the regis-
tration and assignment, and not Otto Nicole'. The title
of the riece and that registered did not exactly correspond.
Several other minor legal and technical points were taken
on behalf of the defendants. The International Copyright
Act was based on the Home Act, and by the latter no pro-
prietor could sue unless he had complied with all the re-
quirements of that act.

The arguments hail not concluded when the court rare,
and will be again resumed on the first day the state of
the motion paper will permit.

COURT OF PROBATE AND DIVORCE.
JAN. 11.
(Before the Judge Ordinary.)
TURNER r. rEtrECT.

Dr. Spinks, Q.C., and Mr. Callaghan for the plaintiff ;
Dr. Deane, Q.C., and Mr. Searle for the defendant.
The testator, a retired eating-house keeper, in Clam-
ber-street, Nottingham, died in March last. He was un-
married, but be had adopted his niece, Ann Curtis, who
had lived with him as his daughter since the time she was a
little girl. He had property to the extent of about 3,00 iv.,
which he bequeathed to her. Probate of the instrument,
however, wax resisted by Wm. Perfect, the heir.at-law, on
the grounds of undue execution, undue influence, want of
capacity, and want of knowledge of the contents of the
paper.
After bearing the evidence, however, the court decreed
probate, and made no order as to coats.

COURT OF BANKRUPTCY.—JAN. 11.
(Before Mr. Commissioner Hoiroyd.)
IN RE VHDRIC NURSE.
The bankrupt was a coachbnilder, of New Bond-street.
This was the sitting for examination and discharge, but
the statutory accounts have not been filed. The debts
are about 7,0001., and the assets, which are considerable,
are expected to realise about 5,000/.
Mr. Tieherne„ for the assignees, consented to an ad-
journment for the completion of the accounts, which are
in course of preparation by Messrs. Hart Brothers.
Mr. It. Griffiths appeared for creditors, and Mr. Reed
for the bankrupt.
An adjournment for two months was ordered.
IN RE ALZIANDIR DALRYMPLE.
The bankrupt was a merchant, of Mincing-hum and else-
where. He had been a member of two firms, and the
liabilities, joint and separate. aniounted to about 0,3001, ;
property held as security, 2,0001. This was the sitting
for order of discharge.
Mr. Lindua appeared for the assignees, Mr. Denny for a
creditor, and Mr. Brough for the bankrupt.
(Before Mr. Commissioner Goulburn.)
IN RE WORTHINGTON.
The bankrupt was a brassfounder and ironmongery mer-
chant, of Upper Thames-street and Wandsworth. Against
debts of 5,1271., the assets were returned at 2,5971.
Mr. R. Griffiths appeared for the assignee, and steed
that between 6001. and 700/. had been received. This was
confirmed by the assignee in person, who said that the
money would have been paid over earlier but for some
delay on the part of the auctioneer. There was no objec-
tion to the bankrupt having his discharge.
Order granted.
IN RR BEADMAN.—I'RI CANNON-STRUT MURDRR.
The bankrupt, a messenger in the Customs, applied for
his order of discharge. He had only one debt-2581.—
consisting of a judgment for costs, due to Mr. Barth, soli-
citor, of Welbeck-street, Cavendish-square, in respect of
the defence of the bankrupt's brother-in-law, Smith, of
Eton, the person who was lately charged with the Cannon-
street murder. There are no meet&

Mr. Griffiths, for the assignee, asked that the bankrupt
should he ordered to set aside something out of hissalm7.
His Honour did not think that the cue was brought
within the act, and granted the order.

- - - -
MIDDLESEX SESSIONS.

(Before Mr. Serjeant Dowling, Deputy-Assistant-judge.)
Fro(trick Ventriss, who was convicted yesterday on an
indictment charging him with having embezzled the sum
of 131. 14s. td., received by him for and on account of
Joseph Francis, his master, was brought up for judgment.
The prisoner said before his lordship passed sentence
upon him he wished to say that when he was sent down to
Northampton by Messrs. Quilter and Ball to audit the
accounts, he was induced by Poole to make an affidavit
that a room was empty that was in reality full of goods,
and for this he was indicted for perjury, and sentenced to
be kept in penal servitude for four years. He begged the
mercy of the court on behalf of his family, one of whom
bad lost his leg, and three others were entirelydependent
upon him. and especially as for 18 months since he bad
been at liberty be had endeavoured to earn an honest
living.
Mr. Serjeant Dowling said he believed the defence the
prisoner had set up was only an aggravation of his offence.
When the prisoner was convicted yesterday there was no
other justice on the bench to assist him in the judgment
he would have to pronounce, but to-day he had that ad-
vantage, and it was their opinion that the prisoner was a
most dangerous person, for he had abundance of intelli-
gence to enable him to perpetrate such offences, and he
had exercised a considerable amount of ingenuity to
enable him to evade the consequences. He had already
been convicted and sentenced to penal servitude for four
years for the crime, as the prisoner had confessed himself,
of perjury, and therefore it was for the court to discharge
its duty in the interests of the public by passing a severe
sentence, which was that the prisoner be kept in penal
servitude for ten years.