The Express.
London, England, 1850-01-12 00:00:00

MEDICAL.

- -
APOTHECARIES' HiLL.—Nauru of gentlemen who
their 'lamination in the science and practice of moriaela
iene,
and received certificates to practise, on Thursday, Jen. 10 ;
Walter Arthur, Liverpool; Henry Schollield Johnson,
Liverpool.

SPORTING.

HUNTING APPOINTMENTS.

Her Majesty's stag hounds, the bat day the weather per-
mits at Ascot Heath—at 11.
Worcestershire hounds, Monday, Mooksrood ; Tuesday,
Westwood ; Thursday, Kennels; Friday, Bishops Wood—
baltpast 10.
Upton harriers, Tuesday, Welland Common—half-put 10
Ledbury bounds, Monday, Eastwood Oak; Friday, Bro-
nasberrow Heath— haltpaet 10.
Herefordshire hounds, Tuesday, BarleyONW—half• past 10.
Warwickshire hounds, Moaday, Lower Shorkbargh Vil-
lage; Tuesday, Mitford Bridge ,• Thuraday Compton
ney ; Friday, Church Tysoe ; tbabuday, it.d Hill—half.
past 10.
B. V. H., first open day, Mappowdsr Bridge-12.
Cottesmore honor*, Tuesday, Tkietleton ; Wednesday,
Greethant Inn ; Friday, Brook Hall ; Saturday, Steam
Hall-11.

Dennington hounds,',Tuesiay. Keavorth Station ; Satur-
day. Cavendish Bridge—quarter to 11.
Mr, M. lograsn's hounds, Monday, Lousy; Thursday,
EiCaton ; Saturday, Yozhall Lodge—half-past 10.
Maury Beatinck's hounds, Moaday, Fiskertan Long
Wood; Tuesday, Pantoa ; Wednesday, Hardn Than.
day, Mackay:rue ; Friday, Somali Hall; Saturday, Magin
Moor-11.
Lord
ksuu,4

Lord Yarborough's hounds, ant day after the frost, at the
senel, at 11, when other appointment's will be wade.
Duke of Beaufort's hounds, first open day next week, at
to kennel.

A. Smith's hounds, the lint day the within permits,
at Crawlboy's Farm.
Badsworth hounds, Tuesday, Man Vill a ; Thursday,
Womersley Park ; Saturday, Itinptonßill—half-past 10.
Mr. Lumisy's hounds, Monday, Sandbeck Part; Tues-
day, Oslowton ; Thursday, Oringlay-clathe-hill; Saturday,
Wkkesley Bar.
Breathes Moor hounds, Monday, Giugarthibridg• ; Tues-
day, Bast ;tiptoe ; Friday, Bicksrtou Bar ; Saturday, !Uni-
son Mill—half.paat 10.
Raiford hounds, Monday, Winktuun ; Tuesday, Walasby
Village; Thursday, Osaington ; Saturday, Whits Past—
half-past 10.
Northerßmie hounds, Monday, Brandesburton; Tuesday,
Dalton ; Thursday, Hainblston Friday, Hassle Toll
Bar—quarter to 11.
Bast Bean hounds, first open Tuesday, Thursday, or Sa-
turday, at Booking Church-street—half-past 10.
Essex and Suffolk hounds, Tuesday, Cfol Greve ; Friday,
Wises—half-put 10.
South Bran hounds, Tuesday, Stafford; Saturday, In-
vitee—half-past 10.
Mr. Drake's hounds, Monday, Islip Town ; Tuesday,
Stoke Villap ; Thursday, Bdgcot Village ; Saturday, Charl-
ton Town— past 10.
Cheshire hounds, Monday, Beestou ; Wednesday, Wren-
bury; Thursday, Cholsondeley; Saturday, 1111111111•001'
W1100110•Ala11-p2111 10.

Raba intelligence.

EQUITY COURTS.-YESTIZDAY.

Swoon ros VionZaapozuon or KNOIAD.
THollti v. BuTomita.—lnauxonox To zarrzAix ma

UM OP • TIL•DI MMUS..
This was a motion on behalf of the plaintiffs, Mews.
Thorne and Smith, who earry oa the business of antlers at
Sheffield, ander the title of Terser and Ce., far as injunc-
tion to restrain the &deaden% who us also enders at Shef-
field, from soatinang to we the trade mark of Turner and
CO. upon the blades of table-knives sad other goods 101114-

feektred by them. It appeared, frees the 'Meat la sup-
port of the MO, that the trade mark of " Terser
sad Co." had fins bees used by a psis named Thomas
Tamer, la the year 1838 ; that on hi. death, la 1847, its
plalatith were ted his executors, sad had ever eines
carried ea the 6ealsew under the mine of Tuner end
Co. • that the defeadanta had tar soma dale pest
maufastared a quaky of table.bmite blades with
sost.irea instead of Meek wide by name of
a saw spoliation of steam power they had gashed so
highly as to resemble steel, sad apes theme weribleat artL
elmthe trade mark of Tarim sod Co., warranted." had
boas stamped, aad they had boom sad sea essessively is
the May market, to the great 1114116111 of the *lama'
repoladem sad prole. It also appeared that the geode this
memodsmand had bees sold at no sere them 7e. a gross of
18 diem For the dekadeats it was admitted that a aum-
, bee of bah Walks made of *sat iron had bum sold by theta
with the means of " Termer and Co." apes them, hat it was
leassemdsd. fa the Int plan, that the plaintiffs by being
=6:llexematen of Thome' Turner had acquired no
wry ea the trade ander Thomas Tamer's same ;
essemdly, that it was the universal custom of the trade la
ralifieg east has Mile blades to stamp upon than say Ili-
dem mass, sad not the same of the real maker • that
with regard to the sepoda. the dsfeadeats had left thins:k-
ing of these entirely tusk", the ematrel of their warehouse.
mu, who, wittiest *dr karawledy, had plated tM mark
of Tamer sad Om pma them Ma that the mast the
pialada had of this proud's, sad had stated
that they ',smoldered it an Infringement of their rights, the
defendant* bed promised to discontinue the nark and to
m.ke any rensatica which might be onsidered fair. It
was also alkyl that the blade. stamped in the manner eon•
plained of had bees made for the purpose of exportation to
the oversee ; sad it was urged that there was no ground
whatever for the court to grant an injunction in a ease like
the present, where the defendants had submitted at one* to
desist from the alleged grievance.
Mr. Smart and Mr. Barker appeared for the motion, and
Mr. Bothell and Mr. Horton contra.
The Vice Chancellor said be coosidered that the plaintiffs'
title to use the trade mark in question was suMninaly esta-
blished, and the can came to this, that the plaintiffs bad Co-
rinna that there had been a piracy of the mark, and whs.
Um the defendants were more or less privy to ell the dr-
enutances did not signify. His opinion was that when the
glciatiffs that rude the discovery they had a right to an
Injunction against the didnidente, and they had a right to
some security front the defendants that what had been done
should not occur again, but no such security bad been given,
and he did not see that anything which had taken place
same the first discovery by the plaintiffs had in any manner
taken away from them the right to an injunction at the pre•
sent time. He should therefore grant the motion.

COURT OF QUERN'S BENCH,—YESTEHDAT.
This being the first day of Hilary tens, the court, consist-
ing of Mr. Justioe Patteaon, Mr. Justice Coleridge, and Mr.
Justice Wightman, set at ten o'clock.
Mr. Justice l'atteson said that it had been fully expected
that Lord Denman would be present at the sitting of the
court this terns, but owing to the serious illness of Lady
Denman in Derbyshire, he did not feel himself Justified I.
leaving her. LLaaddy Denmaa's illness had, however, taken so
favourable a turn as to give every reason to hope that Lord
Denman would be enabled to resume his place in a short
time.

TIM QUIZI O. HAIDT.-AIDITIATION IN AN INDICT-

MINT lox PLILIVIIT.
Mr. Keene showed cause against a rale, which had beer
obtained last term, calling on the defendant to show cause
why an attachment should not issue against him for prose-
cuting • suit in equity, and whether he had not committed
• contempt in revoking the authority of are arbitrator, or
why he should not pay certain costs, or why the verdict of
not guilty should not be set 'aide, and writs of procedendo
lathe. The object of the rule was to enforce a reference to
arbitration made under an order of Niel Prim at the
trial of en indictment for perjury. A bill was filed on the
18th of March, 1847, for an injunction to restrain certain
parties from receiving certain monies, and for the appoint-
ment of a receiver. Affidavits were filed, and two indictments
were preferred at the Central Criminal Court, one for per-
jury in the affidavits, and another for conspiracy in concocting
the accouats which were the ground of the mit. The
indictments were removed into this court by certiorari, the
venue of one being laid in Middlesex and the other in Lon-
don. Tho one in Middlesex was tried before Mr. Justice
Wightman, when a verdict of net guilty was entered, sub-
ject to the award of en arbitrator, to whom all mitten in
difference were referred. It was now contended that an
indictment for perjury could not be made the subject
of • reference by order of Nisi Prius, inasmuch as it
was not an indictment as for en offence which might also be
made the subjr ct matter of a civil action ; and that, there-
fore a reference, was in effect, a stifling of public
justice.
Sir F. Thesiger, Mr. Hurbitone, and Mr. Foster, appeared
in support of the rule; hut, before they could be heard, the
court adjourned.

COURT OF COMMON PLEAS.-YESTERDAY.
Berrome tre Basto.—Baru LORD Caw armee WILD', Ma.
JR.TICII Matta. MI6 Jcrnca CUJOSIOLLI., ADD Ma. JUDICI
WILUMM
To-day being the first day of Hilary Term, their lordships
took their seats on the bench at half-past 10 o'clock.

LBLDIIII AND OTILIMII 0. STILAiOI.—COPYRIGHT.
This was an radon which was tried before the Lord Chief
Justice at the sittings at lasi prim in Middlesex rater last
Michaelmas Term, when a verdict was found for the plain-
tiffs, with sentinel damage,. The action was brought against
the defendant, a bookseller and music pub:isher, carrying on
has business in Paternoster-row, (or having infringed the
copyright of the plaintiffs by selling copies of a certain song
mined "My boyhood's love, enchanting theme," which
formed part of an opera which was first published in German
under the name of ' Der Furster, " known in France by the
name of "Lathe en Peine," and brought out at the Prin.
Mos'. Theatre under the title of t• Leoline." The plaintiffs
were not the original proprietors of the opera, but were the
assignees of the copynght.
Mr. Serjeant Byles, on behalf of the defendant, now
moved, pursuant to leave reserved, for a rule to show cause
why the verdict should not be set aside, and a verdict re-
graded for the defendant, or why a consult should not be
entered. The learned aerjeant stated the declaration alleged
that the song in question was a musical composition ; that
there was a subsisting copyright in it at the time when the
alleged infringement took place, and that the plaintiffs were
the proprietors of the copyright. The jury found that the
defendant did not print the musical publication, it being
proved that it was printed at • printer's in Holtarn ; and
also that, although the defendant published the song in
question, yet be did net de so with a guilty knowledge that
it had been unlawfully printed. The verdict was entered
he the plaintiffs upon the first plea of the defendant which
was " not guilty," and the learned serjeant now submitted
that upon the finding of the jury with respect to the printing
Yd the publication of the song, the defendant was entitled
In a verdict upon the plea of not guilty. The Copy-
, light Act was the 6th and 6th of Victoria,
rap. 46, and by the 16th section of that act it was
provided that if any person in any part of the British domi-
, Wass printed, or caused to be printed, or exposed, or caused
Ite be exposed, fcr sale or hire, any book, do., which should
be the subject of copyright, he should be liable to certain
penalties mentioned in the act. The act also provided that
Eperson who should unlawfully print, or cause to be
Minted, any book imported frem parts beyond the seas' or
ing the book to have been unlawfully printed orint-
ported, and should sell it, or cause it to be sold, or expose it, or
cause it to be exposed, for eats or hire, should be liable
to certain penalties mentioned in the act. It was upon
this section of the act of parliament that the declaration
was framed, and the learned serjeant now contended that,
upon the finding of the jury, it was clear the defendant had
not infringed the provisions of the Copyright Act. It was
now further argued, on behalf of the defendant, that the
pida tiffs were not in a position to maintain an action for an
Gwent of copyright, because the form of the entry
Made y the plaintiffs at Stationers' Hall was not correct.
In that entry the word proprietor was used, and the learned
serjeant now submitted that by proprietor was meant the
author of the work or publication, and not as in the present
instance, a case where persons became proprietors of a publi-
cation by assignment. The third section of the 6th and 6th
of Vic , eap. 45, of the Copyright Act provided that the copy-
right of a work should endure for the life time of the author,
and for seven years after his death, but was not to exist
for more than 42 years altogether, and if the assignees of •
copyright were to be entered at Stationers' Hall as proprie-
ton, no person going to the Stamp-office could tell how long
the copyright would have to exist, and it would have the
effect of prolonging the copyright over the proper time.
The court expressed an opinion that this objection of the
learned serjeaat wee not a tenable one, because the entry at
Stationers' Hall was only a preliminary proceeding. The
objection could not now be made, as it was one which the
defendant ought to have pleaded.
Mr. Serjeant Bylaw, after taking another objection, which
the court also overruled, said that he would rely upon the
first point which he had made, namely, that the defendant
was entitled to • verdict upon the finding of the jury upon
the plea of not guilty.
Upon this point the court said they would grant • rule
nisi.

Mr. Berjeant Ryles said besides taking the rule in the
form which he had mentioned, he would have a rule to show
cause why judgment should not be arrested, and he would
take the rule in the alternative.
Rule nisi granted.

COURT OF EXCHEQUER.—TEEITERDAT.
emcees a Bunco.
The court sat yesterday sensing at 10 o'clock. The
judges for the present term are Sir F. Pollock, C 8., and
Dumas Parke, Alderson, and Platt. Mr. Baron Rolfe at
chambers.
Coajm, ♦ vaunts., v. Bill GIORGI GREY, BART.,
AND ANOTHEIR.

-----
This was an action of trespass, brought to recover damages
from the Secretary of State for the Home Department and
Mr. Hudson, governor of the Queen's Bench Prison, for
swanking the plaintiff, and removing him from one
department of the prison to another, where he
was subjected to more restraint and privation.
The defendants pleaded " not guilty by statute," and a
justification. A general verdict saving passed for the
&doodads, • motion was subsequently made for a new trial
on various grounds. The result was that, after a lengthened
discussion of the questions raised, the defendant's counsel
consented, at the suggestion of the court, that • verdict
should be entered fee the plaintiff on the issue raised by the
I first plea, and for the defendants on the plea of justification.
On the 17th of December last the taxation of costa was cone-
, manned, and a question having arisen as to the costa to
which the plaintiff was entitled under the circum-
stances, the proceedings were adjourned for two days.
In the interval • eertificate was obtained from the
Lord Chief Baron, before whom the cause was tried,
stating that the defindaata had probable rause for pleading

•
the plea of "not 'silty," cad the officer held in consequence
that the plaintiff was not entitled to full mete of the haus on
which the verdict was emoted for him.
Mr. Cohhett moved now in person for a rule calling on the
dereadaate to Mow same why the officer should not revisor
hie taxation, on the ground that the °mitigate of the learned
juke should have been granted at the trial, if at all, and
that it ought not to have been an at any time upon an
expert* opplication.
lite Court took tints to consider.

COURT OF BANKRUPTCY.—YrarazDAy,
Room Ma. CONNINNONIR Powswicura.
IN RN ELLIOTT.
G. Elliott, taker, Islington, came up by adjournment to
paw his last examination. His liabilities are about 3,00 W.
Mr. Ili'bury opposed for the assignees. The adjournment
had taken piece to obtain from the bankrupt a full state-
ment of his building society transactions. On this point the
assignees were satisfied ; bat the discovery of a lot of paper.
in his premises relating to some building operations in the
Caledonian-road required further exp:anatton.
The bankrupt was examined at considerable length, but
the details were uninteresting.
Mr. Lawrence urged that the objections came rather late,
and that the bankrupt had rendered all the assistance in his
power to the mesiguees.
The examination win ultimately further adjourned.
Ix II BLAIN AND PEARCI.—VAVINALL GIARDINI!.
This was the adjourned last examination meeting in the
ease of Blain and Pearce, late lessees of Vauxhall Gardens.
The accounts, which were filed just before the hit meeting,
were 'published fully in the Arms* at the time, along
with a list of the principal creditors. The adjournment had
taken place to give the creditors en opportunity of lucking
into the accounts. No oppodtiou was now offered, and the
bankrupts passed their last examination.

•
Ix xx
The bankrupt, Thomu Chambers, was • baker, at Roe-
hampton. His case has frequently been before the court, on
applications for his discharge. This was the last examination
meeting.
The amounts not being s►tutactory, the elimination was
adjourned sine die. _

_
Duo= BIA. CMINTINOWIR PAPis.
IN RD HUGIIDADON AND MACILAY.—MOTION FOR THIS

1111310TAL OP AN ASSIGNER.
His Hemenr gave indgment this morning, on an applicit-
lien made, a few days ago, by Mr. W. Kvkman, to be
removed from the assigneeship In the can of Hughes(lon and
Mackay, merchants of Calcutta, on the ground that he dis-
approved of the proceeding's of his co-ivoignees. The removal
was treated as a matter of right by the counsel for the appli-
cant ; and he (the Commissuoner) had beat disposed, in the
tint instance, to yield to that opinion, not knowing the
practice of the Court of Review in that respect. But on
locking over the books he could not find one case on the
subject. It appeared that Messrs. Henderson had acted as
the London agents of the bankrupts, and claimed to be credi-
tors for upwards of 20,0001. The question turned on the
validity of the sale of two cargoes of goods, by Messrs. Hen-
derson, of London, to Messrs. Hendenon, of Liverpool. The
opinion of two eminent Queen's counsel had been taken,
and they had directed four actions to be brought, one of
which had been commenced. He was clearly of opinion
that no sufficient reason had been shown for the disehari,e of
Mr. Kirkman.

Books Ma. Common= Munn).
CHARGE OP MALICIOUSLY COMMENCINO PROCEEDINGS IN
BANERVI.TCY.
Mr. Bagley appeared in support of a petition presented
under the 267th section of the new act, which is as follows
" That if the debt stated by the petitioning creditor in his
effidavit, or in his petition for adjudication, and verified by
affidavit, to be due to him from any trader, shall not be
really due, Sr if after a fist issued, or petition for aajudica-
tion of bankruptcy filed, it shall not have been proved that
the person against whom such fiat has been issued or peti-
tion filed had committed an act of bankruptcy, and was •
trader at the time of the issuing of the fiat or filing of such
petition, and it shall also appear that such fiat was issued or
that such petition was filed fraudulently or maliciously, the
court shall and may, upon
.petition of the pers.as against
whom any such fiat or petition was so issued or filed, exa-
mine into the same, and order satisfaction to be made to him
for the damages by him sustained."
The petitioner, Mr. Richard Moore, was a commission
agent and dealer in beer. Previous to 1817 he had acted as
agent to M . Thorne and Co., brewers, of Westminster,
when that firm underwent some cliange. In January, 1819,
Mr. W. Hawes, one of the new partners in the firm, pro-
posed a reduction in Mr. Moors's allowance, hom 12 to about
6 per cent. He was diasatisfiA, and ceased to be employed
by them, at the same time ceasing to deal with them for
beer. He had since been employed by Messrs. Wood and
Co. Toe petition alleged that there were hostile and vin-
dictive feelings entertained towards him by his former em-
ployers. They commenced enaction against him for • balance
due of 1221. ; but just before trial Mesas. Thorne counter-
manded the notice of trial, and the cause ha I never come on.
The new act soon after coming into operation, Mr. Moore
was served with a summons in bankruptcy for 3731. ' • he ap-
peared, and admitted a debt of 2691., pleading that he had a
good defence as to the remainder. Seven days after the ser-
vice of the summons, on the 24th Nov., Mr. Moore sent to
the office of Messrs. Thorne to tender the debt; none of the
partners being to be found, he sent it to Mr. Thorne's house,
but it was refused. Oa the 27th a petition for an ahjudica-
tion in bankruptcy was filed, Mr. W. Hawes, one of the part-
ners, making affidavit that Mr. Moore had committed au act
of bankruptcy. The next day a letter was sent from the firm
inquiring whether Mr. Moore was still prepared to pay the
2431., and it was accordingly paid over to the clerk, who gave
a receipt for it. The petition in bankruptcy was allowed to
stand over, and nothirg was ever done under it. Mr. Moore
now complained, under the 267th section, denying that
he had ever committed an act of bankrutitcy, and
charged Mr. Hawes with improp-rly receiving his
debt after he had taken proceedings in the Court
of Bankruptcy. It was clear there had been no
act of bankruptcy, the debtor having complied with the act
by tendering payment of the portion of debt which he ad-
mitted within the prescribed period of seven days. Then the
question arose whether the fact of filing an affidavit, declaring
• person to have committed an act of bankruptcy who had
not done so, was not an offence against the banarupt law, as
well u a serious injury to the person against whom such pro-
ceedings were taken.
The Commissioner—The question is, whether it was done
fraudulently and mischievously.
Mr. Bagley said the law always implied malice where the
circumstances were such as so show it ; but here there was
clear and undeniable evidence of malice. The learned gen-
tleman proceeded to read affidavits in proof of this ; but the
application being wholly ex parte, we omit the particulars
The court was now asked to judge whether the conduct of
Messrs. Thorne had not been such as to call for explanation,
both in respect to their commencing proceedings and their
receiving the amount of the tender after they had filed their
petition against Mr. Moore. Should the court be of opinion
that this proceeding had been commenced, not to obtain a
distribution of the trader's asset, but to harass and injure
him, it was entitled to call on the parties for explanation,
under the 267th section. The c urse now pursued by the
court would doubtless be • guide for future proceedings, and
would become a precedent of great importance.
His Honour said the 267th section was not a new enact-
ment, but merely rave a new jurisdiction. After reading
the section, he said his judgment would not debar the appli-
cant from his common law remedy, of commencing an action
against the parties. The court must be satisfied that the
petition of Messrs. Thorne had been filed fraudulently or
maliciously, and that it had injured Mr. Moore. The evi-
dence did not satisfy him of the former ; the circumstances
stated did not go to the extent of showing malice. Had a
good legal tender of the sum due been clearly proved, and a
refusal, and a subsequent filing of a petition in bankruptcy,
malice might have been inferred. Late in the evening of
Saturday, a clerk was sent with the money to the brewery, hut
none of the partners being there, he goes to the private resi-
dence of Mr. Thorne, who refers him to Mr. Hawes, as the
managing partner ; but he did not go there. On the Tues-
day following (the 27th) the petition in bankruptcy was tiled
against Moore, which might be legally justified on the sup-
position that the tender was not a good one, and that conse-
quently Moore had committed an act of bankruptcy ; but
there was no evident* to show fraud or malice. There was
no specific allegation of damage sustained in this case ; and
as the petition had been allowed to remain above fourteen
days without anything being done under it, it was virtually
superseded, for no further step could be taken under it. The
cue was not one of that clear nature in which the court
could conclude that the petition was tiled in malice, though
augment the cost to the applicant by calling on Messrs.
Donde:a:o rather
rerun the
tiaplyp.i
nt h
thane rafotr so
Tthithoruld:hetd:oitutubebtitrewrerbisaitt.