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

THE SUN,- LONDON, SATURDAY EVENING, MAY 27, 1865.

LAW INTELLIGENCE—(This Day).

COURT OF COMMON PLEAS.

(sittings at Nisi Prius in Middlesex, beforo Mr. Justice
Keating and a Common Jury.)
D'ALCORN T. SEDAIID.-COPYRIGHT 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 aro 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 T. 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-
day.

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

SHERIFFS' OFFICERS AND PROTECTED BANICRUPTS-IMPOR-

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, no'
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 boen 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 intothe 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. Ho 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.

FINANCE.

The cash statement for the current week shows a total
general balance of £435,890 17s. 6d.
DEATH OF MR. D'UPANGEB, ONE OF THE MEMBERS OP

MARYLEBONE.

The PRESIDENT said that he was sure he was only re-
presenting the feelings of the whole Board in expressing
his great regret at the sudden death of one of their best
and oldest members, Mr. D'lffanger. (Hear, hear.) He
was always faithfully at his post of duty both to the con-
stituents and to the Board. (Hear.)
Mr. SAVAGE moved, " That the expression of feeling on
the part of the President, in reference to the deceased,
should be entered on the minutes."--Ordered.

PROPOSED GRATUITIES TO THE ENGINEERS-REPORT OF THE

MAIN DRAINAGE COMMITTEE.

Mr. MILLER, M.P., brought up a report from the Main
Drainage Committee, recommending that the sum of £lO, 000
be granted to the engineer and his three assistants, in re-
cognition of their services in connection with the execu-
tion of the main drainage works; the sum of £,6,000 being
awarded to the engineer, and the sum of £4,000 to his
assistants, in proportion to the amount of the works exe-
cuted under their superintendence. _ _ _

The PRESIDENT then called upon Mr. Smith, the soli-
citor of the Board, to read the opinion given by counsel
upon the case laid before them in reference to this subject,
which was as follows :

" OPINION.

"It is somewhat doubtful whether the Metropolitan
Board have power in strictness to vote a sum of money by
way of extra remuneration for services already performed.
But, if the Board upon mature consideration shall be of
opinion that the works have been designed, constructed,
and carried out to the present time to the advantage of the
public, and that the future assistance and active zealous co-
operation of the present engineers should be secured during
the future progress of the works, and until the final com-
pletion, and the settlement of the accounts with the con-
tractors, we see no objection to the Board securing the
future services of these gentlemen, either by large pre'sent
payments of money, or increased salaries during the poriod
which must necessarily elapse before the works are com-
pleted, and the accounts finally settled with the contractors.
(Signed) " WM. BOVILL.
" JOID7 RAYMOND.
" Temple, May 19, 1865."

_ .
Mr. MILLER then moved, " That after the opinion given
by counsel upon the subject, the whole of the matter should
bo referred back to the committee forfurther consideration."

Mr. TITE, M.P., seconded the motion, and, in doing so,
took occasion to speak in high terms of the services of the
engineers. _ _ _

Mr. LYON approved of the motion, and noticed that coun-
sel had omitted to say whether the payment could be made
out of the main drainage rates.

Mr. HEELEY called upon the Board to decide the matter
upon its merits at once. He wholly opposed the proposed
gratuity.
Mr. H. L. TAYLOR followed on the same side, and said
the proposal to give extra remuneration to these parties was
wholly premature. He also adverted to the fact that the
engineer had, with the consent of the Board, examined
plans, &c., for several corporations, which had yielded him
large emoluments. He designated the motion as a sham,
for the purpose of obtaining delay, in order that the public
feeling against the proposal should be allayed.
Mr. SAMUDA thought that the Board should decide the
matter now, as counsel said the grant would be illegal for
past services.
Mr. LEWIS opposed the motion to refer the matter back
to the committee.

Mr. FREEMAN opposed the grant. Although chairman of
the Main Drainage Committee, ho had refused to bring up
tho report.
Mr. DOULTON, M.P., moved that the following words be
added to the motion :—"And that the engineer be requested
to report as to the works uncompleted on the north and
south sides of the metropolis."
Mr. MILLER assented to make that a part of his motion.
Ordered accordingly. _

Mr. RocllE moved, vby way of amendment, " That the re-
commendation of the committee be rejected, as counsel con-
sidered it doubtful whether the board had power to grant
the proposed gratuity."
Mr. SAVAGE seconded the amendment.
After a somewhat warm discussion, in which Mr. H. L.
Taylor, Mr. Doulton, M.P., Mr. Bidgood, and other mem-
bers took part, the amendment was put by the President,
and, upon a division, was negatived by a majority of 20
against 15.
Mr. H. L. TAYLOR moved another amendment, to the
effect that the recommendation of the committee was exces-
sive in amount, and the proposal altogether premature ;
and, further, that the subject be postponed until the works
are nearer completion.
kr. SAVAGE seconded the amendment.

Another discussion ensued, after which the President
put the amendment, which was, upon a division, carried
as an original motion by a majority of 18 to 14.
After disposing of the routine business the board ad-
ofurned.

The Dog Show Nuisance.

Yesterday afternoon a deputation of the Association for
the Suppression of the Dog Show Nuisance in Populous
Neighbourhoods had an interview with Sir G. Grey at the
Home Office, Whitehall. The deputation, which was to
have been introduced by Sir S. M. Peto, Bart., M.P., con-
sisted of several of the most respectable inhabitants of the
streets in the immediate vicinity of the Agricultural Hall,
Islington. As the hon. baronet did not arrive in time, they
were obliged to meet the Home Secretary with Mr. Wm.
Harvey, an eminent medical practitioner, as their spokesman,
who briefly statedto the right hon. baronet the substance of
the memorial they had to present on the subject, which
stated that it had become the practice of late years to ex-
hibit shows of dogs in the metropolis and various parts of
the United Kingdom; that in populous localities where large
shows of this kind were held the annoyance to the surround-
ing residents, especially to the sick and aged, as well as to
others whose pursuits were of a mental character, was of a
very painful description, arising from the incessant howl-
ing and barking, particularly during the night, of a large
collection of dogs ; and that as there is at present
no direct enactment in law to meet the case, and protect the
inhabitants of such localities from the infliction complained
of, the memorialists prayed that the Government would
promote a public legal measure, to the effect that no dog
show should be held in any building or place within a cer-
tain reasonable distance—t 0 be defined therein—of a dwel-
ling-house, unless with the sanction of some independent
authority, therein named.
Mr. HARVEY placed before the Home Secretary a plan
of the streets and dwellings adjoining the Agricultural
Hall, for the purpose of showing that the sleeping apart-
ments of a very large number of these houses were in the
rear and abutted on the Agricultural Hall, and that, con-
sequently, the hideous howling of the dogs during the night
not only prevented sleep, but anything like mental occu-
pation or enjoyment. A deputation had waited upon him
last year with reference to the question, but nothing had
been done.

Sir G. GREY said he did not recollect any former appli-
cation on the subject of these dog shows.
Mr. HARVEY said there had been a deputation, and the
fact was, that though the show was unprofitable to the
company last year, the hall had this year been let to a con-
tractor, who held them harmless, and there was every reason
to fear that the nuisance would be frightfully increased by
the show which was to be opened next Friday.
Sir G. GREY said he really did not know how he could
take any action in the matter. Was it not open to the
memorialists to take action and enforce the law with refer-
ence to nuisances generally ?
Mr. HARVEY replied that that question had been consi-
dered, but it was doubtful how far the law applied in such
cases. It might be possible to deal with these exhibitions
in the same way as with noxious manufactures, which were
not allowed to be carried on except at a certain distance
from inhabited houses.

Sir G. GREY—But you say in your memorial that the
shows should be allowed by some independent authority.
Mr. HARVEY admitted that the wording of the memorial
was somewhat faulty in that particular, but the meaning
was clear enough, namely, that parties should not get up
these shows without any control or regulation whatever,
and without any consideration of the health and comfort of
the residents in the neighbourhood where they were to take
place. Besides the annoyance to those who lived in the im-
mediate vicinity, Sir George would see, by a reference to
the plan, that there was a Wesleyan chapel close to the
hall, and as the exhibition would continue over a Sunday
the nuisance to the congregation would be necessarily very
great.
Sir G. GREY said he did not think Parliament would be
inclined to accept any general measure on the subject.
Such a measure might, in fact, apply to dog kennels.
Mr. HARVEY—Doglennels are not usually placed in the
vicinity of dwelling-houses, but at a considerable distance
from them.
Sir G. GREY—When is this exhibition to be opened?

Mr. HARVEY—Next Friday.
Sir G. GREY—I will go up and see it for myself.
Mr. HARVEY—Yes; but it should be between 12 o'clock
at night and three in the morning, when the nuisance is at
its height.
Sir G. GREY—I am afraid I cannot promise that. (Laugh-
ter.) There have been donkey shows at the hall, I believe ?
Mr. HARVEY—Oh, yes ; but the hoe-hawing and braying
of the asses are nothing at all compared with the horrible
noise made by the dogs during the quiet hours of the night.
Sir G. Gm—Well, it is impossible, of course, to do any-
thing in the way of legislation this session, even if desira-
ble to do so, on which point lamby no means clear. All I
can say is, that I will visit the exhibition and give the mat-
ter my best consideration.
The deputation then warmly thanked the right hon.
baronet for his courtesy, and withdrew.

WRECK.—The Ocean Queen, of Bristol, 602 tons,
laden with coals, sprung a leak off the Land's End on
Monday, and went down. The master and crew (18 in
number) picked up by a pilot boat,

STATE OF TRADE.

MAxcniszEit, 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 foryarns—probably, rather more
so. We stated in our Tuesday's report that buyers for the
East wero 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
considex 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 wero 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 GARDEN.

Increased supplies of fruit and vegetables are on sale,
and the trade rules steady, as follows :

FRUIT.

e. d. s. d. 8. 4. e 0
Pine apples 8 otolo 0 Mu berries,prpt 0 oto 0 6
Foreign do., each 1 6to 2 6 Cherries, per lb. 0 oto 0 0
Grapps,per lb 0 oto 0 0 Foreign ditto, puno oto 0 0
Foreign do 0 oto 0 0 Filberts, per lb .. 1 oto 0 0
Melons ....
Nectarines, per dz 0 oto 0 0 Cobnuts, per lb .. 0 oto 0 0
Apples, per hf-sv. 2 6to 4 0 Almonds, per bus 0 oto 0 0
Pears, per do
Oranges, per 100..5 oto 10 0 Peaches, per d 0... 0 oto 0 0
Lemons, per 100 4 oto 8 0 , Currants, per h.sv 0 oto 0 0
Gooseberrieshf sve2 6to 4 0 Plums, per d 0... 0 oto 0 0
Strawberries pr pt 0 oto 0 0 Damsons, pr d0...0 oto 0 0

VEGETABLES.

Greens, dz bunch 4 0 to 5 0
Cabbages, pr doz 0 9 :o 3
ditto 0 0 to 0 0
Savoy do., pr dz 0 0 to 0 ()
Cauliflowers, p dz 1 0 to 2 6
Brocoli 0 0 to 0 0
Potatoes, per ton 60 0 to 50 0
New ditto, pr lb. 0 2 to 0 6
Turnips, dz bunch 2 0 to 2 6
Carrots, pr do 4 6 to 5 6
Cucumbers 0 0 to 3 0
Garlic, per lb
Sorrel, per sieve 0 0 to 0 0
Green peas, h.-sv. 0 0 to 0 .0
ii'rench 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 81
Brussels sprouts 0 0 to 0 0

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
I 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 o
Seakale, per bun. 0 9to 1 e

POULTRY.

Turkeys, 4s Od to 8s Od; geese, 4s Od to lOs Od each,
goslings, 5s Od to 9s Od ; ducks, 3s 6d to 6s Od ; ducklings,
4s Od to 7s 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 1s 2d; English,
is 2d to is 3d per lb ; English eggs, 7s Od to 78 6d ;
French do., 6s Od to 78 Od per 100 ; leverets, Os Od to
Os Od ; grouse, Os Od to Os Od.