The Sun.
London, England, 1848-06-29 00:00:00

9914

73 j,

21%
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26

EXCHEQUER.-(THIS DAY).
(Before the CHIEF BARON, and a Special Jury.)
BOOSEY V PURDAY.
This action, which occupied the Court some time yes-
terday, was brought to recover nominal damages from
the defendant, for publishing certain airs contained in
Bellini's celebrated opera of La Sonnambula, of which
the plaintiff claimed to be possessed of the copyright in
this country. The action was also brought for the in-
fringement of a duet that had been selected from the
opera, and accompanied with appropriate words.
The main facts of the case were these—the opera of
La Sonnambula was the production of Bellini, a
foreigner, and in the month of February, 1831, was
assigned by him to the managers of the Carlanos
Theatre, at Milan, and also to a foreigner named Gro-
vauni Ricordi. In June, 1831, Ricordi assigned his
interest in the copyright, so far as regarded this coun-
try, over to Mr. Boosey, the present plaintiff, who is a
music publisher in Holles•street; and Mr. Boosey, in
May, 1844, had the copyright entered in his name at
Stationers' Hall, in accordance with the statute of the
sth and 6th Vic., c. 43. Subsequently the defendant
published and sold copies of the airs in question, which
the plaintiff alleged was an infringement of his copy-
right.

The ATTORNEY-GENERAL for the defendant, con-
tended that as the assignment was made in 1831, the
case was not to be governed by the entry which was
made at Stationers' Hall. The statutes which governed
the case were those of Anne and George 111., which
had received the construction of the Court in Chappel
Purday. In delivering judgment in that case, the
Court expressed an opinion that those Acts were passed
for the encouragement of native authors, and laid it
down distinctly that they only applied to the works of
native authors. He, therefore, contended that no
foreigners could possess the copyright in this country,
and not having the copyright was unable to assign it
over to another.

The LEARNED JUDGE Said if the jury found the facts
to be as stated by the witnesses, and they were not dis-
puted, he was of opinion that the plaintiff was not the
proprietor of the work within the meaning of the statute,
and that there was no subsisting copyright in this
country, the work having been published in all parts of
the world as the production of Bellini, before the entry
at Stationers' Hall.

A verdict was ultimately taken by consent of the
parties of "Not Guilty " as to the infringement of the
opera, and "Guilty" as to the infringement of the
duet.

CORN AVERAGES.
GENERAL AVERAGE PRICES OF BRITISH CORN
For the Week ended June 29, 1848, made up from the Returns of the
Inspectors in the different Cities and Towns in Exgland and Wales
per Imperial Quarter.
I WHEAT. I BARLE
2T.1 OATS. / EYE. I BEANS. I PEAS.
PRICE .. 1 4Gs Ild 31s 4 20s 8(1 29s 44 36s I 1 d 385 44
DUTIES ON FOREIGN CORN.
WHEAT. I BARLEY. I OATS. I BYE. I BEANS. I PEAS.
10s Oil 25 Od 2s Gd 25 Od Is Od 2s Od

- -----
HOUSE OF LORDS.-(THIS DAY.)
The House sat to day to hear appeals. The Peers
present were, the Lord Chancellor, the Marquis of Win
chester, and the Bishop of Hereford.
POTTS V. POTTS.
The further arguments in this part-heard appei
occupied their Lordships the whole scorning.
PR

IVY COUNCIL.-(THIS DAY.)
The Judicial Committee of the Privy Council sat to-
day at the Council Chamber, Whitehall, to hear Indian
appeals. The Lords present were Lord Brougham, the
Mast, r of the Rolls, the Judge of the Admiralty Court,
the Chancellor of the Duchy of Cornwall, Sir Alexander
Johnstone, and Sir Edward Ryan.

WINTER V. FRAZER.-JUDGMENT.
The Judge of the Admiralty Court gave the judg-
ment of their Lordships this morning, on this appeal
from the Court of British Guiana, affirming the decision
of that Court with costs.

MUSSMAT IMAN BANDI e. WAJID ALI KHAN.
The further arguments in this appeal from the Su-
preme Court of Bengal were resumed, and occupied their
Lordships the remainder of the morning.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
.PENKINS V. BRIANT.
The further arguments in this part-heard cause occu-
pied his Honour the whole morning.
(Before the Vice-Chancellor WIGRAM.)
Several of the cases which stood on his Honour's paper
to-day were postponed, in consequence of the absence of
Mr. Wood, who was summoned last night to Ramsgate
by the electric telegraph, in consequence of the sudden
and alarming illness of his mother, the relict of the late
Alderman Sir Matthew Wood.
The Vice-Chancellor Knight Bruce did not sit to-day