The Sun.
London, England, 1845-07-29 00:00:00

THE SUN, LONDON, TUES D A EVENING, JULY 29, 1845.

the Committee being proposed, a lengthened discussion arose,
and the folloviing resolution was then proposed and carried.
" That the Central Committee shall consist of a President,
Vice-President, and eleven others. The President and the
Vice-President to be elected wi,hout reference to their con-
nexion with any Trades Uni,m, but the eleven others to be
bona fide members of a Trails Society."
The Conference then aojourned till ten o'clock to-morrow.

African Sugar, amounting to 524 bags, was submitted to pnb-
lie competition ; but being the produce of slave labour, and
consequently subject to the high duty of 63s per cwt, it could
not be taken for home consumption.
COFFEE.—This afternoon Jamaica Coffee was purchased
with more freedom, and 56 casks 16 barrels at public sale sold
at ffrm rates. Of Zanzibar, subject to the 6d per lb duty,
20 bales were offered, and sold as follows :—Common pale
rather broken and unclean at 49s to 49s 6d, rather
better quality 511 to 535, sea damaged first class 46a to
48s 6d, and third class 325. 20 barrels of St. Domingo went
at stiff rates and fetched 33s 6d for fine ordinary coloury. 51
bags Rio brought '29s 61 to 30s for ordinary, and 27s 6d to 29s
for sea damaged first and second class. In Ceylon more busi-
ness was transacted privately, but not at better prices.
CINNAMON.—The demand was very limited for inferior,
coarse and jungle descriptions at the quarterly sales, which
finished this afternoon, although there was a desire generally
on the parts of the merchants to realise, and they submitted to
a decline on the rates of the last quarterly sales of 2d to 4d,
and accasionally of 5d to 6d per Id.
RICE.—To-day Bengal was in excellent request, and several
parcels were disposed of by private treaty at 11s 6d to 13e. At
public sale 1,001 bags fetched very full rates. Foreign East
India is wanted, but there is little to be had, and Madras is
worth 103 to lis per cwt. For cleaned Rice prices are fully
as high.
SALTPETRE.—To-day two parcels of Calcutta, amounting
to 2,092 bags were offered at public sale, and a part only sold
at a decline on last week's rates of 3d to 6d per cwt.
To-day there was a brisk demand for Pouchong, and seve-
ral parcels were sold at 9d per lb. for clean quality—the supply
has become small. Congou of common and good ordinary
quality met with a better demand at 9d to 10d per lb., but in
the better kinds little business was done.
Snarl's. —Jamaica Rum has been in good request, and
prices continue on the rise for good and fine qualities, whilst
inferior and middling kinds fully sustained the previous value.
Leeward Island Rum has met with a ready sale at previous
rates. Demerara is wanted, and some parcels have been sold
at firm price. Calcutta is held with firmness. Brandy has
met with little attention, and the stock being large, prices are
still drooping.
Hors.—The market is in a dull state for all descriptions,
and prices continue on the decline, indeed, it is difficult to
give accurate quotations. The duty for the Kingdom is esti-
mated at 200,0001.
to 210,000/. It is calculated that 50,000
acres are in cultivation this year.
OILS.—For S.Juthern rather lower rates have been ac-
cepted, which has occasioned the demand to be good. For
Seal a further decline in prices has occurred. Cod Oil is dull
of sale at former rates. Sperm has met with little attention,
but no further decline in the value occurred. In Lard Oil
business is checked by the stiff rates. Linseed Oil has been in
request, and prices are firmer; for forward delivery a good deal
has been done at similar rates. Rape Oil is little wanted. For
Olive Oil prices rule low. In Cocoa Nut sales to a fair extent
made at 271 to 291 per tun for common to fine quality. Prices
keep up for Palm, and the demand has been good.
TALLOW.—There has been a brisker demand for Russian on
the spot, and prices have ruled firm. In the value of other
kinds little variation has taken place, but the supply is less
than it was ; at public sale 205 casks of New South Wales
were sold at 39s to 40s far fine, 34s to 48s for low to good
quality, and 200 casks of South America at 368 9d to 39s 3d
for fair to fine. Town has Been in excellent request at 39s to
39s 6d per net cash.

Mr. CORRY thought the amendment was brought forward
at too late a period in the session, and he should distinctly
oppose any alteration in the clause.
The gallery was then cleared for a division. On strangers
being admitted, the numbers were—
, .

For the amendment
Against it
Majority
The Bill was then read a third time and passed.
JOINT-STOCK BANKS ( SCOILAND AND IRE-

.. 26
... -15

Mr. Thomas Duncombe left the Conference a little before
twelve o'clock, being obliged to attend in his place in the House
of Commons at that hour; and Mr. Evans, delega.e of the Pot-
teries, took the chair in his absence. He promised to preside
again at ten o'clock to-morrow.

LAND) BILL.
On the order of the day for bringing up the report on this
Bill being read,
Mr. BOUVERIE objected to the hurry with which the Bill
was carried through the House. The Scotch system of bank-
ing had been in existence for a great number of years, and had
worked in a most satisfactory manner. He thought that at
least more time should be given to consider the details of the
measure. He would move that the Bill be recommitted that
day six months.

LYNN AND ELY RAILWAY.
(THIS DAY.)
The first General Meeting of the Shareholders in the Lynn
and Ely Railway Company was held this morning at the London
Tavern, Sir W. J. H. B. Fulkes, Bart., Chairman of the Board
of Directors, in the chair. The Secretary having read the ad-
vertisement convening the meeting. reed a report which stated
that the meeting had been called in accordance with the provi-
sions of the Act of Parliament, authorising the construction of
the line, which only received the Royal assent on the 30th of
the last month, and consequently the Directors had not, for the
want of time, been able to prepare a lengthy and detailed account
of the position and prospects of the Company. There could, how-
ever, be no doubt that itwould prove amply remunerative, and the
Directors looked forward to the time when it would he united
to the Lynn and Dereham and Lynn and Huntingdon lines—
in fact, they might state, that an arrangement had been made
fur uniting the three lines when completed. The Provisional
Committee, which consisted of the chairman, Francis Cress-
well, Esq., William Everard, Esq., Henry Charles Lacy,
Esq., Foster Reynolds, Esq., and William Seppings, Esq., had
been confirmed as Directors to manage the affairs of the Corn •
pang under the Act of Parliament.
The report was unanimously adopted on the motion of the
Chairman ; and Mr. Bunce, of Mincing-lane, and Mr. Self, of
Lynn, having been appointed auditors of the Company for the
ensuing half-year, a vote of thanks was awarded to the Chair-
man and Directors, and the meeting terminated.

The motion being seconded,
The CHANCELLOR of the EXCHEQUER said he
could not agree that the Bill had been hurried through the
House. He considered it had been fully discussed. In the
absence of the other members of the Government, he could not
advise any alteration in the Bill. He had, however, no objec-
tion to go into Committee at present, with the understanding
that nothing beyond discussion should take place at present, and
that any excision on controverted points should take place in a
fuller House.

Mr. P. M. STEWART supported the postponement. The
people of Sc )tland, he considered, had a right to complain of
the manner in which they had been treated on this question.
There was no hurry for legislation. It would be time enough
to do so next session. There was not the least danger that any
harm would come to Scotland if the Bill were not passed this
session. If they persisted in pushing forward this Bill, after
the way in which they had treated another Bill on Friday last,
they would be acting inconsistently, and doing serious injury to
the people of Scotland. All he prayed for was postponement,
that the Bill might be fully considered.

After a few words from the CHANCELLOR of the ExcitE-
QUER and Mr. I'. M. STEWART, the motion was withdrawn,
and the Bill was recommitted.

VICE-CHANCERY.--(THIS DAY.)
(Before the Vice-Chancellor WIGRAM.)
THE HAYMARKET THEATRE—" USED UP."
MATHEWS V. WEBSTER.
Mr. ROMILLY applied this morning, according to pre-
vious arrangement, on behalf of Sir. C. Mathews, the per-
fo: mer, for an injunction to restrain the defendant, the lessee
of the Haymarket Theatre, from performing a piece called
Used Up, which the plaintiff alleged was composed and written
by him. The Learned Counsel in making the application ob-
served, that the Court would find as great and pointed contra-
dictions in the affidavits that had been filed on both sides as
ever he had met with in his life.
The VICE-CHANCELLOR—On what quesion ?
Mr. ROMILLY—On (he question of who was the composer
of the work. There were, however, certain points on which
there was no difference. There was no difference as to the fact
that late in the year 1843 it occurred to both the plaintiff and
the defendant to bring out upon the English stage a piece
founded upon a French one, called L'Homme Blaze. Mr.
Mathews, the plaintiff, was at Paris when that piece
was performed, and being struck with its merit, he
communicated the fact to the defendant, Mr. Webster. That
gentleman applied to a Mr. Bourcicault to translate the work,
and ultimately it was arranged that Mr. -Bourcicault's transla-
lation should be submitted to Mr. Mathews, and
that he should make such alterations in the piece
as he thought necessary to adapt it to the Eng-
lish stage. Mr. Bourcicault in his translation of the
piece denominated it Bored to Death, but Mr. Mathews,
after making various alterations, christened it Used Up; and
under that title it had been performed at the Haymarket Theatre.
The principal question for the consideration of the Court would
be,:and exceedingly difficult it was to determine, what was the
amount of the alterations and revisions that had been made
in the piece by the plaintiff, he asserting that
those alterations and revisions were so very considerable
as almost to amount to a re-writing of the play ; while,
on the other hand, Mr. Webster and Mr. Bourcicault
contended they were very slight. Mr. Webster stated,
as the Learned Counsel understood, that it was the usual
practice at Theatres, when a piece was about to be
brought out to submit the part that was to be performed by
any eminent actors to them, in order that they might make
any alterations they thought best to suit their style of acting ;
that had been done in this case with respect to Mr. Mathews ;
but Mr. Webster asserted that the copyright of that
piece still remained with him. The original manuscript of the
piece was not in existence. Nothing was forthcoming but the
copy that had been made by the copyist of the theatre from the
translation of Mr. Bourcicault, with the alterations made by
Mr. !Mathews.
The VICE•CHANCELLOR inquired under what Act Mr.
Romilly moved?
Mr. ROMILLY—The 3d and 4th William IV., chap. 15,
which was an Act to amend the laws relating to literary pro-
perty, and also under the sth and 6th of Victoria, chap. 45.
The VICE-CHANCELLOR inquired what was the position
of the plaintiff ? Was he an actor alone, or both actor and
author ?
Sir. ROMILLY said both. There was nothing in the fact of
a gentleman being an actor that prevented him being a com-
poser. Mr. Mathews had been the author of various dramatic
pieces, which had met with great success on the British stage.
He had also altered various dramatic pieces, and it was very
probable that the name he had given them had greely tended
to their popularity.
The Vice-CHANCELLOR—You think, Mr. Romilly, that the
title Usixt Up is more calculated to attract than Bored to
Death?—(Laughter.)
Mr. ROMILLY considered that it was a most important
point in a dramatic piece to give it such a title as
would induce the public to go and see it. Now
there was no dispute about the title being Mr. Mathews's, and
there was also no dispute that Mr. Mathews made additions to
the piece—the only dispute was the extent of those additions.
There was no dispute that from the 17th night of its performance
to the 77th, the piece was announced in the bills as the piece
of Mr. Mathews; for seventeen nights.it was acted without the
name of the author. There was no dispute that the
piece was now acted under the same title that Mr.
Mathews gave it, and the only reason for its being acted with-
out the name of the author for seventeen nights was, that Mr.
Mathews had told Mr. Webster, if it was successful, he should
claim to be the author of it. Now, Mr. Webster stated that
Mr. Mathews's name was given in the bill as the author of the
piece while he was in Dublin ; that he was ignorant of it, and
that Mr. Bourcicault stated to him that Mr. Mathews came to him
and asked his leave to put his name to it, as it would do him
good in the country, and that he, Mr. Bourecault, gave him
permission to do so. Now that statement was denied by Mr.
Matthews from the beginning to the end. Now, under such
circumstances, the great question was, what was the quantum
of alteration ?
The Vice-CHANCELLOR wished to know whether the ques-
tion depended upon that alone.
Mr. ROMILL± observed that he did not know that it did,
but this was certain that as far as the alterations were con-
cerned Mr. Webster hcd no right to perform the piece contain-
ing them.
The VICE.CHANCELLOR bad some doubt upon that point.
If Mr. Webster had stated to Mr. Matthews that he had a
French piece and had asked him to translate it and adapt it for
the English stage, then he would have been the author, but the
case would have been different if he had only asked him to
touch it up.
Mr. ROMILLY then proceeded at considerable length to
read the affidavits of the ptan:tiff and defendant, the affidavits
of various parties in support and against the application, and
also the affidavit of Mr. Mathews to reply, and concluded by
expressing a confident hope that the Court would grant the in-
junction he asked.
Sir. ROGERS followed on the same side.
Mr. WOOD appeared on behalf of Mr. Webster. He felt
convinced that the Court would not for a moment
entsrtain the application, for the Bill was totally
inconsistent with the whole claim set up by the plaintiff. He
had on that bill asserted that he was the whole composer of the
piece, while now he admitted that there were some parts of it
in Mr. Boureicault's handwriting. Upon a Bill so framed he
submitted that the Court would not grant the partial relief
asked by the present motion ; he thought, looking at all the
facts that were stated, that it was impossible for the
Court to come to any other conclusion than the
the plaintiff was not the author of the work. The plaintiff asserted
in his Bill that he was, but finding that that allegation would not
benefit him, his Learned Counsel had most adroitly put.. forth
ary.ther case, which was that he had made alterations in the
work, and that those alterations entitled him to designate him-
self the author. The Learned Counsel thought if such a doc-
trine was to hold good, Garrick and Colly Cibber ;would
have a good right to lay claim to the authorship of the
works of Shakspeare. Now, Mr. Webster had paid Mr. Hour-
cicault for translating the work, and he had registered it also
in the Dramatic Authors' Society, and what, he would ask,
could have induced him to de so if the piece was the work of
the plaintiff? Added to this, Mr. Matthews was a member of
that Society, and if the piece was his, why did he not register it
himself.
The VICE-CHANCELLOR—He has registered it according to
the provisions of the Act of Parliament.
Mr. Woon.—Yes, sir, but that was because his counsel, Mr.
Rogers, told him he could not file that bill without it; but he
has never registered himself in the Society as the author.
Now, on the part of Mr. Webster, there were no
less than three acts of ownership, but not one on the part
of the plaintive, until they came to the fact of the insertion of
the plantive's name in the bills, and what was the cause of
that? Why Mr. Webster went to Ireland, and while he was there
the name of Mr. Mathews was put in the bill as the
author of the piece, by the permission of Mr. Bour-
cicault, Mr. Mathews having stated to him that
it would assist him in his country engagements.
of Mr. Bourcicault would allow them to do so. As to the
title, it would be preposterous to say that because the name o:
a piece was changed by a party that he should therefore hare
the copywright of the work. On the whole he felt no doubt
that the Court, on looking at the whole case, would find, to use
a cant phrase in the piece, that there was "Nothing in it."—
(Laughter. )
Mr. BEVAN followed on the same side, submitting that no
case had been made out on the Fart of the plaintiff, either for
an injunction or for the trial of an action. Under these cir-
cumstances, he submitted that the motion ought to be refused
with costs.f
Sir. ROMILLY replied. He believed that it had been
clearly shown that Mr. Mathews, according .to common
parlance, was the author of the piece, and that
he was entitled, therefore, to the interim injunction.
When he stated this he admitted that Mr. Matthews must
make out his title at law.
The VICE-CHANCELLOR gave judgment—ordering the mo-
tion to stand over, with liberty to the plaintiff to bring an
action at law, and also with liberty to both parties to apply to
the Court if it should be considered necessary. Leave was also
given to the plaintiff to amend the bill.
The Court was crowded with theatrical characters the whole
day and the case was not over till four o'clock.

After some slight discussion, in which Mr. BOUVERIE and
Mr. P. M. STEWART took part, the several clauses of the Bill
were read and agreed to.
The House then resumed, and the report on the Bill was
received.

I'llE LONDON GAZETTE.
(THIS EVENING.)

WHITEHALL, JULY 22, 1845.
The Queen has been pleased to direct letters patent to be
passed under the Great Seal, granting unto Sir Tomas Hast-
ings, Knight, Captain in the Royal Navy, the office of Store-
keeper of the Ordnance of the United Kingdom of Great
Britain and Ireland.

MARKET INTELLIGENCE.
(From the Londo,. .iVew Price Current of July 29.)
SUGAR.—To-day buyers of West India Sugar came forward
with increased freed,m, and an extensive business was trans-
acted ; the prices paid exhibited an advance on those of Friday
of 6d to Is per en t. At public sale 126 hhds of Barbadoes
went uff briskly, at an advance of Is per cwt, fine yellow fetched
53s 6d, good 52s to 52s 6d, good middling 51s to 51s 6d,
middling 48s 6d to 50s 60, and low 47s to 4&s per cwt.
REFINED—To-day Refined goods were purchased with in-
creased freedom by the home trade, and the market was nearly
cleared at stiffer rates, brown grocery lumps fetching 66s to 675,
and standard lumps 87s (id to 68s per cwt. Of Crushed Sugar
made here under bond, there is none to be had on the spot.
111Aunnius—The demand has been active, and the rates
previously established have been fully supported ; indeed, in
some cases 6d per cwt advance has been obtained. At public
sale 11,473 bags and 200 casks were all sold.

EAST INDl;.—This afternoon ~362 bags of Bengal Sugar,
all Ballykhal, were offered at public sale, and chiefly sold at
very full rates. good grainy damp yellow fetching 535, good
middling 49s 6d, middling 46s to 475, low 44s 6d, ordinary
larown 40a to 41s, washed good middling and good yellow
4ts 6d to 503 6d, low and middling 43s to 465, and ordinary
brown 4es to 41s. 2'2 bags of white Benares sold at :-.)4s per
cwt for middling quality.
SncEs.—To-day Pimento was in excellent request, and 60
bags at auction fetched 2id to 3d per lb.
foasiorTe —This afternoon the first parcel of Zanibar or