The Sun.
London, England, 1865-05-27 00:00:00

THE SUN,' LONDON, SATURDAY EVENING, MAY 27, 180.

LAW INTELLIGENCE—(This Day).

COURT OF COMMON PLEAS.

:sittings at Nisi Prius in Middlesex, before Mr. Justice
Keating and a Common Jury.)
D'ALCORN V. SHEARD.-COPYRIGIIT IN "JOLLY DOGS."

This was an action to recover damages for an alleged in-
fringement of copright in the popular song known as "Jolly
Dogs," or " Slap-bang." The plaintiff was a music publisher
in Rathbone-place, and the defendant carried on a similar
business in Holborn. In October, 1864, the plaintiff bought
the copyright of the song in question of Mr. Harry Cope-
land, who had written it; and at great expense the plain-
tiff brought the song fUlly under the notice of the public.
The full name of the 'song was "Jolly Dogs : We're all
Jolly Dogs ; such Jolly Dogs are we ; or Slap-bang, here
we are again ;" and in February, 1865, defendant published
a polka called "The Slap-bang, here we are again Polka,"
and in the course of the dance . the dancers were to sing
" Slap-bang, here we are again ; what jolly folks are we."
The plaintiff did not claim any copyright in the music of
his song, but the infringement that he complained of was
the use of words so similar to those of his song.

Mr. James this morning addressed the jury for the
defence, and contended there was no infringement of the
copyright. The tune, he said, was as common as half-
pence, and was whistled and sung by the children in every
court, alley, and street in the metropolis.

The jury stopped the learned gentleman in his address,
and gave a verdict for the defendant.

COURT OF PROBATE.
(Before Sir J. P. Wilde, 'without Juries.)
STARES AND OTHERS V. BOWLER AND OTHERS.

This was a suit to try the validity of an alleged codicil to
the will of the late Dr. Richard Ring, of South Hambledon,
near Portsmouth. The property in dispute was consider-
able, the personalty having been sworn under £40,000, and
the heritable property being worth some £2,000 per annum.
The only question to be decided is, whether the execution
of the codicil was that of the testator or not.

The case was not finished at the rising of the Court to-

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

SHERIFFS' OFFICERS AND PROTECTED BANKRUPTS—mon-

TANT DECISION-REYNOLDS V. HOLMES.

This was a case of considerable importance both to pro-
fessional men and traders, plaintiff being a sheriffs' officer,
and defendant an attorney of the Poultry. It appeared
that the plaintiff was directed by defendant to arrest a
debtor upon a writ of ca. sa. When the plaintiff captured
his man the latter went quietly to the lock-up, but upon
his arrival there the debtor produced his discharge and
order of protection from the Court of Bankruptcy. Plain-
tiff took a copy of the order and discharged the debtor, now
suing for his fee.

Defendant set up that as the debtor was wrongfully ar-
rested plaintiff was not in a position to recover his fee ;
and plaintiff replied that not only was he not bound to
ask a debtor if he were protected, but there was a case in
which it had been expressly decided in the Superior Court
that a Sheriffs' officer was not liable in damage for arrest-
ing a bankrupt who was protected by the Court of Bank-
ruptcy from all writs.
. .

His Honour, fn giving judgment this morning, said that
plaintiff was entitled to recover his fee, because he was
obliged to complete the capture before the writ could be said
to be executed. In the present case a writ had been sent
to the plaintiff, who had acted upon it, and it was perfectly
clear that such writ was an order of the Queen to arrest a
debtor, and the Sheriffs' officer was bound to execute it.
His Honour had looked into:the authorities upon the subject
and found that there could be no doubt upon the question,'
and that when the officer had effected the capture he was
entitled to the fee.
Verdict for the plaintiff with costs.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

CAUTION TO APPRENTICES.—Edwin Timmins was
charged, on a warrant, before Mr. Tyrwhitt, for that he,
being an apprentice bound by indenture, did unlawfully
absent himself from the employ of Joseph Phillips, of 31,
Thomas-Street, Grosvenor-square, his master, without
leave.

M. E. Dillon Lewis, of Great Marlborough-street, ap-
peared for the complainant, and called
Joseph Phillips, who said the defendant was his appren-
tice, being bound by indenture on the 24th October, 1864.
Since that time he had obtained two summonses and two
warrants against the defendant for absenting himself with-
out leave. On one occasion the defendant was sentenced
to one month's imprisonment, with hard labour. On Satur-
day last the defendant was again absent:without leave, and
told him afterwards he had been in the park to see the re-
view. He then applied for a warrant against him.
Mr. Tyrwhitt said the defendant seemed to be quite in-
corrigible, and he should, therefore, sentence him to six
weeks' imprisonment with hard labour. He would also in-
form the defendant that he would have to serve the six
weeks with his master also before his apprenticeship ex-
pired.

Metropolitan Board of Works•

The usual meeting of this Board was held yesterday at
the offices in Spring-gardens. The president, Sir John
Thwaites, took the chair at 12 o'clock.

STATE OF TRADE.

MANCHESTER, May 26.—1 n shipping yarns we have had
a very quiet market for all kinds. Spinners being well
engaged with contracts manifest no disposition to accept
lower prices for any description of yarns. The market for
home-trade yarns is not so firm. Sellers report that the
market for these descriptions of yarns has been decidedly
quieter than on Tuesday, and that, buyers holding aloof
from business, prices are in their favour. Manufacturers go
rather further, and say they could buy cop yarns id. to ld.
per lb. lower than on Tuesday. The cause of the reaction in
this as well as in the Liverpool cotton-market is said to be
the heavy failures announced, with the rumour of others
impending. Stoppages have been spoken of as likely to take

place in Manchester, but we can trace such statements to
no reliable authority, and there is reason to hope they are
without foundation. They seem, however, to affect the cloth
market•full as much as that for yarns—probably, rather more
so. We stated in our Tuesday's report that buyers for the
East were doing next to nothing, and to-day India shirtings,
T-cloths, long-cloths, and similar light fabrics, are quite un-
saleable, and any attempt to force sales could only result in a
considei able decline. In consequence of the resumption of
work at so many mills, and the scarcity of weavers, the
workpeople are becoming very uneasy about wages, and mill-
owners represent that a good deal of annoyance is given
by the constant arrival and dispatch of deputations from
mill to mill. There has not been a deeline in the nominal
prices since the commencement of the cotton famine, but
many mills using inferior and short-stapled cotton the
workpeople find that practically they cannot earn nearly
as much 'money as when using American cotton. Ono
millowner stated to-day that he had 70 looms standing, for
which he could not get weavers, and many mills are short-
handed,
NOTTINGHAM, 26th.—There was a fair attendance at this
Exchange-hall to-day, and, although the advices from
Liverpool are dull, a steady trade was done in lace yarns,
and late rates were well supported. For hosiery yarns the
demand was quiet, at no material change in the quotations
Silks commanded extreme rates. The demand for brown
nets was tolerable, and recent rates were fully maintained.

MARKETS—This Day.

COVENT

Increased supplies of fruit
and the trade rules steady, a:

run:

B. d. s. d.
Pine apples 8 oto 10 0
Foreign do., each 1 6to 2 6
cirapes,per lb 0 oto 0 0
Poreig,n do 0 oto 0 0
&felons ...
Nectarines, per dz 0 oto 0 0
Apples, per ht-sv. 2 6to 4 0
Pears, per do
Oranges, per 100..5 oto 10 0
Lemons, per 100 4 oto 8 0
Uooseberrieshf sve2 6to 4 0
'Strawberries pr pt 0 oto 0 0

GARDEN.

and vegetables are on sale,
follows :

8. d. 8
Mu'berries,pr pt 0 oto 0
Cherries, per lb. 0 oto 0
Foreign ditto, pun() oto 0
Filberts, per lb .. 1 oto 0
Walnuts, per 100 0 oto 0
Cobnuts, per lb .. 0 oto 0
Almonds, per bus 0 oto 0
Figs, per doz. .... 0 oto 0
Peaches, per d 0... 0 0 to 0
Currants, per h.av 0 oto 0
Plums, per do. 0 oto 0
Damsons, pr d 0... 0 oto

VEGET.
Greens, dz bunch 4 0 to 5 0
Cabbages, pr doz 0 9 5o t 3
4KI ditto 0 0 so 0 C
Savoy do., pr dz 0 0 to 0 0
Cauliflowers, p dz 1 0 to 2 5
ttrocoli 0 0 to 0 0
Potatoes, per ton 60 0 to '5O 0
New ditto, pr lb. 0 2 to 0 8
Turnips, dz bunch 2 0 to 2 6
Carrots,pr do 4 6 to 5 6
Cucumbers 0 9 to 3 0
Garlic, per lb
Sorrel, per sieve 0 0 to 0 0
Green peas, th-sv. 0 0 to 0 0
French beans,h.s. 0 0 to 0 0
Onions, doz. h.s, 1 9 to 2 0
New Do., dz bun 0 0 to 0 0
Spinach 0 6 to 0 8
Brussels sprouts 0 0 So 0 0

LBLEB.
Shallots, per lb .. 0 oto 0 0
Horseradish, pdo 1 oto 2 6
Parsley, per ditto 0 oto 0 0
Celery, per ditto 0 10 to 1 6
Beet, per doz. .. 0 oto 0 6
Parsnips, per do. 0 oto 0 0
Small salad, p. pn, 0 oto 0 6
Mushrooms. p pt. 0 6to 1 0
Artichokes, each 0 oto 0 0
Cos lett, score .. 1 3to 1 6
Mint and savory..o oto 0 0
Endive, per score 0 oto 0 6
Radishes, dz hnds 0 oto 0 0
Tomatoes, doz... 0 oto 0 0
Chillies, per ditto 0 oto 0 0
Capsicums, per do 0 oto 0 0
Rhubarb, per bun 0 3to 0 0
Asparagus, pr do. 3 6to 5 0
Seakale, per bun. 0 9to 1 g

POULTRY.

Turkeys, 4s Od to 8s Od ; geese, 4s Od to 10s Od each ,
goslings, 5s Od to 9s Od ; dunks, 3s 6d to 6s Od ; ducklings,
4s Od to 75 Od ; rabbits, is Od to 2s Od each ; wild do., 10d
to is 2d ; pigeons, Os 6d to Os 10d each ; Surrey fowls,
14s Od to 17s Od ; chickens, 9s to 14s Od ; barn door fowls,
4s Od to 8s Od ; capons, Os Od ; hares, 2s 6d to Os Od ;
ptarmigan, Os Od to Os Od each ; pheasants, Os Od to Os Od ;
partridges, Os Od to Os Od; woodcocks, Os Od to Os Od; snipes,
Os Od to Os Od ; teal, Os Od to Os Od ; wild ducks, Os Od to
Os Od ; widgeons, Os Od to Os Od ; plovers, Os Od to Os Od
each ; guinea fowls, 6s Od to 7s 6d ; roasting pigs, Os Od to
Os Od each ; Ostend fresh butter, is Od to is 2d ; English,
is 2d to is 3d per lb ; English eggs, 7s Od to 7s 6d ;
French do., 6s Od to 7s Od per 100 ; leverets, Os Od to
Os Od ; grouse, Os Od to Os Od.