Kinematograph year book (1935)

186 The Kinematograph Year Book, Council rid Entertainment Rights.— In the Chancery Division on Friday, March 2, Mr. Justice Luxmoore delivered" judgment in the action brought by the Eastbourne Pier Co., Ltd., to restrain the Eastbourne Corporation from giving dramatic, variety and kinematograph performances at the Winter Gardens on the ground that all such performances were a breach of the Corporation's powers. It was not disputed, he said, that the class of entertainment provided in the theatre and kinema in the Winter Gardens was not authorised by the Corporation's statutes. The Corporation replied that the enterprises were carried on by a tenant, but the Pier Co. objected that the lease really covered the relationship of owner and manager. Henn Collins, K.C., for the Pier Co., had contended that a great body of provincial theatre owners was interested in the issue raised. It was further complained that variety entertainments and stage plays were sometimes given in the open air Redoubt bandstand and a complaint was also made regarding the provision of refreshments by the Corporation. Mr. Justice Luxmoore, in his judgment, said that the Corporation was not at liberty to apply the borough fund to purposes not authorised by statute, and, irrespective of anything sought, the result, if the plaintiffs won, must take the form of a declaration that the application of any part of the borough fund to activities of which complaint was properly made was ultra vires, and an injunction must give effect to the declaration. He found entirely in favour of the Corporation, exception the one small point of the provision of refreshments at the Pavilion Cinema. The Council was not entitled to make any payment in respect of this out of the borough fund. He found that they were entitled under Section 17 of their Corporation Act and its proviso to spend money out of the Corporation fund on the matters in question, because these were not provided by the Corporation in buildings of the Corporation, set up for that purpose. They were provided generally by someone else, under genuine leases or proper business arrangements, to whose details it was not possible to take exception. The action must be dismissed with costs, except on the small issue of refreshments where the plaintiffs succeeded. News Film Category.— On December 10, in the Chancery Division before Mr. Justice Clauson, National Talkies, Ltd., sought an order that the Board of Trade be directed to register as a British film in the Films Register kept by them under the Cinematograph Act, a film produced by the applicants and entitled " Memory Lane." George Webber, on behalf of the applicants, said that registration covered "All kinematograph films other films depicting wholly or mainly news and current events." The Board of Trade had refused to register "Memory Lane" on the ground that it came within the excepted classes of films. The film consisted of pictures of about 200 war memorials situate in various parts of the country. There was an undertone of music throughout, and at the end there is a rendering of " Land of Hope and Glory " by an orchestra and choir. There was no plot in the conventional sense, and there were no actors or actresses. The effect of the picture, suggested counsel, was a new creation, and not merely a record of past events. The Board of Trade took the view that it depicted news and current events. His lordship, after reading affidavits by Harry Rowson, managing director of National Talkies, and by the author of the film, inquired where was the news in the film. Mr. Andrews Uthwatt, for the Board of Trade submitted that in substance the film could only be of value for presentation on or about Armistice Day, and then became a matter of current interest. Mr. Justice Clauson, giving judgment, said it was said that any film containing matter which was of special interest by relation to a current event was a film depicting " news and current events." That argument did not convince him and he could not accept the phrase as covering the film in question. The Board of Trade failed to make out that the film came within the excepted class and the applicants were entitled to the order they asked for. His lordship made an order accordingly. Trespass Alleged.— In the King's Bench Division on February 1, Mr. Justice Roche heard an action by Benjamin Scott Elder, owner of the Empire Cinema, Low Spennymoor, Durham, against Soho, Ltd., of Soho Square, London, for damages for trespass, which was denied. Plaintiff's case was that on June 14, 1932, an agent of the defendant's wrongfully entered the kinema and disconnected and removed part of the kinematograph apparatus. Plaintiff had leased the premises to a man named List and retook possession of them three days before defendants entered on account of non-payment of rent. Defendants contended that the property in question was supplied by them to List and that they were entitled to remove it because of default in payment of hire-purchase instalments. Giving judgment, his lordship held that it was trespass, in respect of which he assessed damages at the nominal sum of 40s. His lordship was also satisfied, however, that the defendant's property did not form part of the fixtures at the kinema and that the plaintiff was not entitled to damages on that part of the claim. In view of the amount paid by the defendants into court, there would be judgment for the defendants, with costs. Accrington Infringements.— Eighteen summonses for offences against the Cinematograph Act, 1909, were heard at Accrington Police Court when the Palace (Oswaldtwistle), Ltd., was fined £1 for allowing inflammable material to be unnecessarily in part of the premises where films are wound and repaired ; ordered costs to be paid for not keeping the door of the enclosure closed during exhibitions ; costs for the opening from the enclosure not being maintained so as to prevent, as far as possible, the escape of smoke into any part of the building to which the public are admitted ; a fine of £1 for having inadequate means of ventilation ; costs for not keeping films in a closed metal box when not in use, and costs for inadequate lighting of auditorium and exits during a performance. John Sharpies, the licensee, who was summoned for aiding and abetting in five cases, was fined £1 in each of three cases and ordered to pay costs in each of two. Fred Haworth, the operator, summoned for aiding and abetting in three breaches, was fined £1 in one case and 10s . each in the other two. Richard Pickup, an operator, who was summoned for aiding and abetting, was fined 10s. in each of three cases Rider Haggard's "She" from Radio, of course !