The Sun.
London, England, 1867-01-12 00:00:00

TIIE SUN, LONLON, SATURDAY EVENING, JANUARY 12, .111671

NEW QUEEN'S COUNSEL.

MONRO V. THE TOWN COUNCIL OF TEWKESBURY.

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LAW INTELLIGENCE.—This Day.

COURT OF QUEEN'S BENCH.
(Sittings in Banco, before Lord Chief Justice Cockburn
and Justices Mellor, Blackburn and Lush.)
THE NEW CHIEF JUSTICE OF THE COMMON PLEAS.

Sir W. Bovill took the usual oath of allegiance on his
appointment to the Chief Justicoship of the Court of Cosi-
mon Pleas.

Dr. Spinks and 11r. H. C. Cole, the lately appointed
Queen's Counsel, were called within the bar this morning.

Mr. Dowdeswell, Q.C., moved for a mandamus, calling
on the defendants to show cause why they refused to ad-
mit the plaintiff to his seat at the board of the Town
Council of Tewkesbury. It appeared that Mr.lll:zzard,
Tide
mayor of Tewkesbury, was elected to one of the vacancies
that occurred in the Town Council some time back. It
appears also that this gentleman was ineligible for the
office, and Mr. Moore, who was his opponent, claimed to
bo the proper party elected., lle gave publicity by
placards and other means to the ineligibility of Mr.
Blizzard. Mr. Moore had obtained a qua warranto,
and at the first meeting of the Town Council gave
notice that he would attend and take part in the proceed-
ings, and that notice was duly delivered to the town clerk
of the borough. A resolution was then passed by the
council to the effect that they would not recognise Mr.
Moore as a member of the board, or permit him to vote,
until he had obtained a rule in his favour froM the Court
of Queen's Bench.
The Court granted the mandamus.
WOOD V. MOSEY.

This was an action brought by the plaintiffs the music
publisher, of Regent-street, against the defendants, also
music publishers, carrying on business in Holles-street,
Cavendish-square, for an infringement of the Copyright
Act, by their publication of a pianoforte arrangement of
the opera of the " Merry Wives of Windsor," an opera
composed by Otto Nicholat The case was originally
ried before the Lord Chief Justice, at Guildhall, when
the plaintiff was nonsuited, but leave was given to move
the Court to have the verdict entered for hind. After the
composition of the opera, it was Messrs. Bock, of Berlin,
and a person named Bressler was employed to make a
pianoforte arrangement, and eventually the copy-
right of the opera, with' the pianoforte arrange-
ment, was assigned to Mr. Wood, who was
then the proprietor of the firm known as Cramer and
Co. Messrs. Boosey after this published a pianoforte
arrangement of the opera. It was contended the musical
arrangement could not bo considered an infringement of
the copyright, but in the arguments this morning Mr.
Sergeant Parry contended that such could not be the case
because the arranger could have done nothing without the
original score, as it contained the whole of the melodies of
the opera, and of these the pianoforte arrangement was
made up.
The Lord Chief Justice said he did not think that the
melodies of a certain opera could be considered the whole
of the work, because the instrumentation formed a very
important portion of it.
Mr. Sergeant Parry said the arranger of a pianoforte
score could not be looked upon in the same light as a
composer, because ho was but in fact a skilful me-
chanic, and dealt with the ideas and creations of other
parties, and he could not think that because a person
made a pianoforte arrangement of a certain piece
of music, in which the whole of the melodies of the
original work were embodied that he became pos-
sessed of any copyright of the work, although he might
have been engaged to make it by the persons in whom was
vested the right of possession of the original work. Colley
Cibber and Sir W. Davenant had re-arranged certain of
the plays of Shakspere ; yet no one would contend that
because such was done and copyright existed in such re-
arrangement.
The case on its original hearing occupied a considerable
time, and the argumentsin the present instance seem likely
to last beyond the time of the sitting of the Court to-day.

in batches of five and six each, and they took anything
they could lay their hands on. He had seen _many of
those boys, who were in the receipt of 9s. and 10s. per
week when there was plenty of work, starving and half
naked about the streets.
Mr. Paget—Ani those boys who were in the receipt of
such good wages saved nothing ?
Inspector Beare—Nothing at all, sir. The destitution
of the people at the east end of London is fearful.
Mr. Paget—And. what did the boys' fathers earn when
the iron shipbuilding yards wore in full operation ?
Inspector Beare—From 18s. to £3 per week.
Tyson said he had been out of work five months.
Inspector Boare—Yes, that is so. The ship yards are
closed. There is no employment for those boys.
Mr. Paget—How were the boys employed?
Inspector Beare: In carrying nails, bellows blowing,
and picking up nails.
Mr. Paget—And now they are in this condition. It is
very painful—very sad. The statement of Inspector
Beare, who is an officer of great experience, is not over-
charged. The people in the East are statving, and some
very comprehensive plan should be adopted to save them-
The number of paupers chargeable to the Poplar Union is
very great, and the rates have vastly increased.

SPORTING INTELLIGENCE.

EPLEOHASES, 1867.
ALY 22.
Heap of 3 sovs each, with 40
L three miles.

Age st lb
Newlight ... a 9 10
Castanet 6 9 10
Revenge (late Double
_ _ _

... 5 9 9
Friars' Balsam ... a 9 7
Lonsdale ... a 9 5
Wild Duck Oat()
. Josephine) ... 4 9 3
Jungle Queen 1 9 3