The Sun.
London, England, 1867-01-15 00:00:00

THE .SUN, LONLON, TUESuAY EVENING, JANUARY 15, 1867

SHARE MARKETS.—This day.

ORDINARY SHARES AND STOCKS.

Railways. I Paid.' Closing 1 Business
prim. done.

Bristol anu Exeter ••
Caledonian
Cambrian.
Cork and Bandon..
Cornwall
Dublin & Belfast June '
Dun„Perth,& Ab. June 1
L. London, bcrip Certi
Do.
Glasgow & S. Western
Great Eastern, Ord. s tk.
Do. E. Angl. et. No. 2
Great North °I Scotian
rent Northern
D. A stock
Do. B stock
Do. New, Is. at 25 pin
Gt S, and W. of Irelan ,
lit. Western
Do. d. Val. Rail gun.
Do. South Wales
Do. W. Alid.—Oxtont
Do. Newport
Do. Hereford
Lancashire & Yorkshire
London and Blackwal
Lon., Brigh., & S Coast
Lon., Chat., and Dover
Do. 3letrop. Ex. A
Lon. & North Western
Lon. Ac South Western
Man., She., & Lincoln
Iletropolitan.
Do. New
Do. Extension
Metropolitan District
Do. do. do.

8? 49
122 121
40 46

4 8
65 63
70 72

1 6 :18
32 31
4 6

119 121
130, 131

90 02
561 t 7

34 37
32 3,

ISO 132

DJ A 2
17 18
10 /0
12/ 124
85 117
55 67
23 1281
2}
1( 11

00. and St. John's W'd
I.lid!and
Do. £9 Share

135 /25i
11 111
94 96 ,

Do, Birrnin.. ttz Derby
aid Kent .. .
North British

Do. Ed., Pth., & Dun.
N th. Eastern— Berwick
Do. U.N•E purchase.
Do. Leeds .....
Do. York
Do. Carlisle .....
Do. Stock. & Darling.
Do. do. 1860-61
North London
Do. do. 1864 5 .
Do. do. 1866 .
North Staffordshire
N. & S. W. Junction
Scottish Central
Scot. N. E , Aber. stock
i)0..5c0t,,, Mid. stock•
Shropshire. Union „
South Devon
:south Eastern
Staines, Wok., & Wok
raft' Vale .. . .
Do. C
V ale of Neath

38 40
4 18
108 110

67 68
103 105

35 •36
10 11 p
119 121
1 2p
1 2p
73 75
114 118
148. 132

i.-~

.10 it
70, 72
9 10
150. 153
3 4;

Waterlord & Klikenn
Waterloo & White
West Cornwall

,SSE

100
100
100
all
100
100

190
100
100
1( 0
100
100

'l,l MI.

ISIONS.

66 68
100 101
id ip
4 4i
7i 8;

50 55
10l 103
101 IG3
106 107

21 22

85 88
57 59
53 54
52 54

37 tO

23 25

105 Ito
1!,
1

7 7i
8 9
405 410
1 1
22 24
6 7
2 3
2 3
i
9 10
2i 21
5 6
17 18

2.1.0
.294
2.14.0
31
2.14.0
8.3.0
3.14.0
10.8..

15 16
11 14
30 32
2k
2 4
3/
21 11,1
35 45
2 4

21 31

24 26
300 fit*
18 z 2

1 2
iu
I la
12 14
54 56
115 125
65 75
18 20
10 12
:35 145
7 9

584
5 t 7.0

33f f 5 if

22 1
136

54i 16

132 1

00 1
191 i i 19 i i

1241 5 41
Si

1311 I 2

197 64
40i 40

741 4 f 31
9}

101 i 1

1 5i 6

14 i

toi} 1

LAW INTELLIGENCE.—This Day.
COURT OF -e
(Before the Lord Justices.)

MAXWELL V. HOGG-HOGG V. MAXWELL-THE RIVAL
" BELGRAVIAS."

Mr. Dickinson having concluded his argument in favour
of the plaintiff Maxwell, asking for a stoppage of the
"Belgravia" published by the defendant,

Mr.Swanston followed ou the same side, and contended
that the expense incurred by the plaintiff, and the notice
to publish, which must have coma to his knowledge,
constituted a right on the part of Mr. Maxwell, to the in-
junction asked for.

Lord-Justice Turner, without calling upon Mr. Green to
open the arguments for Mr. Hogg, said the court was quite
prepared to give its decision on the matter before it. The
bill before them, filed by the plaintiff state I ho extensively
advertised a work in July 186 G, up to Oct. in the same year
and that he had expende I a large sum of money in secur-
ing authors and artists to contribute to a certain work, but
that in Septober another person published under the title
of "Belgravia," which he had selected as the title for his
book or magazine. The plaintiff asked the Court to grant
an injunction against the defendant to restrain the second
publisher from selling, issuing, or offering for sale
a magazine under the title of "Belgravia." The case was
altogether new, and therefore the Court thought the plain-
tiff must show some property or right in the subject of his
claim,w hether the 'advertisements or expenditure had
created such a light as to entitle the plaintiff to maintain
his right in that court to the extent of calling upon
it to restrain a person from publishing a work of the
nature in question. On the ground of expenditure the
Court did not think that because a person expended a
large amount of money on a publicalion which had never
been given to the world, that therefore he had a
right to come forward and ask the Court to restrain
a person from doing that which the person seeking the
aid of the court had not done himself. If the circumstances
of expenditure would not do, the court would next pro-
ceed to consider whether the publication of the advertise-
ments announcing the 'appearance of the magazine had
constituted thought.. The advertisements he (Lord Justice
Turner) thought were upthing more than a publication
of the intention of the plaintiff to publish a work of a cer-,
tain name, and nothing more. He did not think that
circumstances could be'constilered as constituting any title
to the name under which* work was to be published. ,
If so the,consequences would become very serious, he
might come to that eourt and say he (plaintiff) had adver-
tised a work ; and he,, therefore, called upon the Court to
prevent every other person from doing the same thing
until he had an opportunity of giving his book to the
world. The , publication of advertisements gave
no obligations to complete . the work, and the
Court would, therefore, not feel disposed to give
the plaintiff the power of preventing others fromdoing that
which he was under au obligation to do himself. The
present case was not one where advertisements were fol-
lowed by publication, but of advertisements alone. Enter-
taining the bill of the plaintiff the Court thought would be
fraught with the most serious consequences. By such a
bill anybody might appropriate a name of the most valu-
able description for the title of some intended publication,
or it might sanction the taking of the name of an eminent
firm, which might be of the greatest value, and then the
person doing so might come into that court and ask it
to issue an injunction to restrain other persons from doing
the same. Looking at the extreme injustice that might
arise from entertaining such a proposition, ho was of opi-
nion that there was no principle or authority upon Ni hich
the bill could be maintained. It must, therefore, in his
opinion, be dismissed.
Lord Justice Cairns said they had not heard any part of
Hogg's case. That which had been before the Court con-
sisted solely of that of Maxwell, and therefore he should
only speak of that. He stated that he had secured the
services of a lady of great celebrity as an authoress to
edite a new magazine Lobe called "Belgravia," that he had
incurred great expense in collecting materials for the pub-
lication, but all this was done before the publication of the
magazine. Before that was done, another person an-
ticipated Maxwell, and put into the market a shil-
ling magazine of the same name as that of the plaintiff,
and he then came to this court to ask for an injunction.
The question for the Court was, not the loss that would
be sustained if such a book was allowed to remainin
circulation, but 'whether the plaintiff had shown his right
in the property to be so protected. Could a property be
acquired in a name before the veritable article had been put
upon the market for sale. Lord Westbury had decided a
case that bore upon the matter under the consideration of
the Court; he had stated that there could bo no property
in a certain word or name, but immediately that name was
stamped on a stick of liquorice it became the property or
trade mark of the person using it. But here the matter was
could a right be acquired before the veritable
article had been put on the market. Tho plain-
tiff contended that he had established his right
by the publication of advertisements -and the outlay of a
large sum of money. The advertisements only went the
length of saying that a certain thing was intended to be
done, but they implied no 'obligation, and with respect to
expedition he thought that equally fallacious. The mere
intention to use a certain name does not allow a person to
acquire a right, and tiorefere ho _thought tike bill must _be
dismissed.
Mr. Green then opened the case of Hogg v. Maxwell.
Ile said that so long ago as Oct. 12, 1866, that Hogg in-
tended to publish a certain magazine, and registered the
title of it as Belgravia, when the defendant some time after
appropriated it.

Lord Justice Cairns remarked that the matter just settled
by the court gave the plaintiff in the present case the right
to use it.

Mr. Green contended that his client had a right and
title by copyright previous to that of the defendant, but if
he had not, he thought the court would hold that the
actual publication of the magazine entitled Belgravia by
Mr. Hogg on Sept. 24 gave him a right to the title as a
trade mark. He had also acted in conformity with all the
acts of Parliament, and on that ground, if not on the other,
he maintained he had the sole right and title to publish the
work.

COURT Op EXCHEQUER.
(Sittings:in Banco, before the Lord Chief Baron and Barons
Martin, Channel', and Pigott.)
GIBSON V. VESEY.
Mr. Powell, Q. 0., on behalf of the plaintiff in this case
moved for a rule to sot aside a nonsuit, which had been
entered at a trial boforethe Lord Chief Baron at Guildhall,
at the sittings after last term, and for a now trial. The
plaintiff was a farmer. Ha had land in the neighbourhood
of Huntingdon, where the defendants, Messrs. Posey,
were bankers. Towards the close of last year the plain-
tiff became embarrassed, and sold his property by auction,
out of the proceeds of which he paid his landlord, and
placed the remainder in the hands of his solicitor for the
benefit of his creditors. On the affidavit of two per-
sons named Richardson and Waino, the latter of whom
swore that the plaintiff
..told him that he intended
to go to Jersey for the purpose of avoiding his creditors
and that he would take his money with him, a capias was
issued for his arrest at the suit of one of his creditors.
However, the plaintiff paid the debt into court, and the
capias was discharged. A few days afterwards an attorney
named Reynolds, in Lincoln's-inn-fields, received a tele-
gram, fcllowed by a letter from the country soli-
citors of the defendants, instructing him to issue
another capias against the plaintiff, which was
accordingly done. The only ground on which this latter
capias was obtained was an affidavit of Mr. Reynolds,
stating his belief that the plaintiff was about to leave the
country, which was founded on the affidavit of Messrs.
Richardson and Waine. The learned counsel said that
this was a malicious prOceeding within the meaning of the
law, as Mr. Reynolds ihould have informed himself of the
fact to which he deposbd instead of depending entirely on
the first affidavits. .. ,_
The Lord Chief Baton said that he directed a nonsuit,
because he thought tlier# was no case to go to a jury. If
it had been ,show,a. at Ithe trial that Mr. ,Reynolds hail
made an affidavit,. knoWing that what he averred was
false, the case wouldjkaviß.been different, and then a claim
of action would lie p!,gailust the defendants for the act .of
their agent, but there was no reason to suspect that he
did not fully belieVe4hat ho swore to.
The other learned Judges concurred with his lordship,
and the rule was accordingly refused.

banner gave great dissatisfaction, and the mottoes were in
bad French, and equally bad Latin.
His Honour ruled that the plaintiff could not recover,
because he had held the cheque for two days before pre-
senting it for payment.
Defendants asked for costs, which were allowed.
Verdict for the defendants.
It was stated that the defendants still had the banner.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

DISPOSING OF WORKHOUSE CLOTRINO.—AN INCORRI-
GIBLE WOMAN.—EIIen Coleman, who has several times
been convicted of disposing of workhouse clothing, ale
property of the Guardians of St. James's parish, was again
brought before Mr. Tyrwhitt, charged with a similar
offence. •

The prisoner has several times been charged in this
court, and convicted, for disposing of herclothing; it being
her practice every time she is allowed to go out of tho
workhouse to return without some of her articles of
clothing, she Laving disposed of them, and to such an
extent has she done so that the authorities of the work-
house have been compelled to brand all her clothing with
the words "St. James's Workhouse (stop it)," with the
object of preventing her doing it.
Mr. Trywhitt committed her for 14 days with hard
labour.

Ann Connell, another inmate of St. James's work-
house, was also charged with disposing of her clothing,
and she was also committed for 14 days with hard labour.
A. B. (City) has sent 2s. in postage stamps for the poor
man Long, whose boys were charged with begging before
Mr. Knox, on Saturday last, when ho explained that the
poor man had been ill for a long time, and ho had only just
left his bed, and that his wife was in a dying state.