New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-13
.,e rre..p,ed nv the coopI.nan. affords ressOnable

presented by the complainant. affords rei'onane
grounds for our iuterpo-ou under The circn
Conjon the fund. and withhold tie disposition 81 y ~,
e order q the Secretary OF the Treasury un' nc ma
lesTirg If the complsnant- are right tney NV 81
cuiishle specific nieres; in the fund set apart oy
be defendant and are entitled TO have il preserved -
ntGe the final judgment Of the Court That the qas.toa
Il free from difficulty and worthy Of the most dso-
rste consideration Of the Court in addition 70 the view
here presented need only refer TO the conflict OF
between the distinguished officers Of the Goy sraneh'
whose duty has been to examine IT, shall order mere
fore the preliminary injunction heretofore lsus1 % E
continued 10 the hearing and that the fund be orOush
into Court ard safely kept by the Clerk under its rec
tions to abide the determination Of the case
Z. : CIRCUIT COURT, ply
Before NELscs Circuit Jadse r BErr' District Jdss
corr RIGHT LAW.
John l. WsEdsip AT Bsai. Gold
NELsoS, c. i've are Of opinion that each Of the
count in the declaration bad within the case OF Baskus
We Gould ct al Il How Sup CT x 1881 l. ,Sls there
decided that according the true constru Of the Oh
section Of the copyr. OF 1889 the penalty Of 50
cents on each sheet limited TO nees In the possession
Of the defendants and did rot apply to the sheets prne
rrbLsd or e sd to SALE whether they were iolad "a
lie deiendsnfs nossess,. ~ not. Now. each OF tai
counts in the declaration close with the e. Ill
ard Lave of he said David Banks AMI Aninony -
lie sum CT - cents for every sheet 80 printed
he'd POSSESSION either printed or printing eNpos.u'o
"-ae end sod b. them, amounting IN the "Aos s''VVO'
We cannot help saving that this avermen. Is much
broader in seine forth The abie OF the leien ants aud
rights of the plaintiff than warranted by constr acton OF
tie section in he cited 1t IS supposed the decara
ion il sufficient 20 maintain the action Of It. Upon ,le
trial the plaintiff proved the sheets in the possession OF me
defendants the commencement OF the suit odt me am
Guilty is. The issue framed upon the ivermeni wont nor
limit the tonce 20 this point but entities the plaintiff 70
the penalty UPON proof that the sheets had oe'n PRIME
aud published or exposed sale and sOd without regard
e. their heirc foa-d IN possession. 800
We think therefore that the counts should be ameniei
in this rect ard accordingly allow the demirers b'h
To amend on sayneni of costs
Ctai Goodslrss' Cnarl,s scBurney aud John eevl
The uii is Ircsey brought in the name of the pate ee
or assignee p behaif Of the party holding license u
use.
There has been good deal Of neglect anil delay in h
Trcceedir tho paT OF he plaintiff. bat We cannot say
Let be shall be dcp' 90 from sting the matter in the
wi Il The roadway. Tn. smon,mal, Ius, 10, how
over. on royltn d eCst Of opposing nj'oh ak '-@'H
dor ~
DECISIONS. y
lie y : Henry Rlgges
Alficaii,n - Injunction restraining tue e,eS.ol -
f,eks IT Biookyu. near the Navy lard. lnjuncaoi
rIGn.tl. . =.
Cba. C;ood, ar agi c. McD-uey, ct 81. The sui
properly brou-ht rlaG allow llopToce "a o. pa ynien
Of ros- OF 81 o-irg sc
1hJs Patton -. HoDl. lennic-Fi'as 10 +" inclusive
stricken lat, with costs.