Star. — London, England, 1821-11-06 00:00:00

TUB ARMY. • Major Rows, of the Royal Artillery, is appointed to corn. rend that Corps at the Cape of Good Ilope. Friday forenoon, the Mid Lothian Yeomanry were inspected 69 Major Sir Jens Hoer., on Portobello Sands; and, notwith oadieg the unfavourable state of the weather, the Regiment ma de a fine appearance, and went through their evolutions in a wr y creditable style. It Was expected their Colonel, the Right [,Ord Mums:, would have been the Inspecting Officer co this occasion, but kis Lordship was prevented by a sudden meted tall to London. SPORTING INTELLIGENCE. BETTING ROOM, 1, NOVEMBER S. nut or Land- 14 to 1 agst klarcellus to 1 test colt sear 15 to 1 apt Bess le to I si ot colt out of Sycorax 10 to.l apt e. out of Plover. cues. 1 10 to 1 agst Major Wilson. to i apt Reserve ti to i apt Parasol ST. LEGRR. to 1 apt Marton 1 Ici to 1 agst Ajax. REVIEW AND n.tcEs AT JEDBURGIL Siturday se'nnight, the Regiment of Roxburghshire Yeomanry torn, consisting of five troops, commanded by Lieutenant- Colonel Locerrattr, which had been in quarters at .ledburgh s i n ce the Saturday preceding, were reviewed at Mounthooly by s h e Thricis of Lorillard, Lord Lieutenant of the County; on v.b:ch suasion the Regiment went through a number of ma mares in a manner which reflected great credit on themselves and ditir Officers. The Review being over, the following R a ces fait place : For a Silver Citp, value SOgs. given by Mr. llevtararonn, of Falgerston, in Came of County, carrying lust. Nr. Stephenson's br. h. The 6.lmbler )Jr. iltinible's ch. It. . Douglas'i b. h. Jed - - S. Elliot's br. b. The Corporal - 1 1 V 2 - 3 dr - 4 dr A capital race. Sweepstake‘ of 2gs. each, Sixteen Subscribers-.-carrying 1:;st. Mr. John Ilegarth's br. b. Orator - - - - 1 I 31r. Stephenson' b Gambler 2 2 3k. Sont's h. b. 4 3 Mr. DougLs's JA A good race—Pon cleverly by Orator. Troop Race, for a Saddle and Bridle, given by Captain Sir WILLIAM F. Ettrum—A sirg!e heat. Mr. Shortrecd Elliot's Corporal Mr. Preston's bl. m. 'Libby Fowler - - 2 Mr. Reid's eh. in. 3 A good race—won cleverly by the Corporal. Trcc? Race, for a Saddle and Bridle, given by Captain Sir isms INJUGLAS.—Ibe best t f three heats. Mr. R. Hogarth's (Newton) br. m. Miss Wnip Mr. Murray's h. ni. Mr. Dickinson's b. m. Mr. Skid's roan in. 1 I A good race. - 5 2 - se dr - 4 dr The hones were all rode by Gentlemen belonging to the corps, rowdy masters mounted. The day was remarkably flue s and an immense concourse of speciAtors were on the ground. FARMERS' RACE. The Acnual Race on Abbotsdon Down, Hants, commonly j called the Farmers' Race, took place on Tuesday last for the Hampshire Hunt Cup, given to be run for by horses, &c. be longing to, and to be rode by farmers In the district of the Hunt, such hones, &c. never having started (except for a Hampshire Hunt Cup). paid, or received forfeit, not having been in train ing before the let of September last, weight 12st. the best of three two.mile heats. Four horses were 'hewn, and started at about half-past one o'clock. The first heat was won by Mr. Lace's (of Hankley) bay mare; but, in consequence of having been in training before, it was disputed, and the mare deemed disqualified. The Cup (which is a =lsamu and valuable one) was adjudged to Mr. JAMES 13ssars's ch. mare ; and the Jockey Whip, to Mr. Centres horse, as second in both heats. There was most excellent sport, and the lace, though decided at two beau, was well contested, especially between the two foremost bones, Mr. Biccs's horse only winning by half a neck. From the weather proving so fine, there was a good thew of horsemen and carriages on the Down. After the race, upwards of 200 Grutkmen and farmers sat down to an excellent dinner pro vided on the occasion, at the Swan Inn, Alresford. SPARRING. A good muster of the Amateurs attended yesterday at the Royal Tennis Court, to give Ned Turner another turn. He is Mill a favourite with the Fancy, and with care, attention, and mining, it is thought he might recover his lost ground. The sets-to wt re Iy no means attractive, none of the big ones exhi eking—although Oliver, Spring, Shelton, and Kendrick, were present, and ru ffi anism being the order o f day. The princi pal rovelty was in witnessing Adams, Seroggins, and tbe I3ir witam Youth, stripping for one man, Radaer, the hardy Welshman and glutton. The latter boxer had been very busy with Mr. Leshington previous to making his appearance on the cane, u.d the spectators loudly expressed their disapprobation. Adams soon left Rasher; Scroggins had some rounds; but the Bruin:bans Youth endeavoured to supply the appetite of this inordinate glutton. Hasher said he would fight Sampson the nest morning for £5O of his own money. 'lle wind-up, be twea Randall and Turner, was, as usual, excellent. The chg. agers wer e n u merous : Y oung Helasco mounted the stage, and offend to fight the Sprig, t, Myrtle for 123 a-side. The Jew had hen defeat-Al by the latter. Brown, in reply said, if Helmer) tame down to his weight it should he a match; he would also give Alln above his weight to all England for £loo—(.4pplowse). Giclyeon offered to meet the Pie Boy in a month for a wore : the latttet said it should he a fight. Sampson challenged Isle of Wight Hall for £5O a-side; and Martin, in first-rate swig, toggery, appeared, and informed the audience that he would fight Ran dall for from sC3OO to £5OO any time the latter thought proper. The principal theme of conversation in the Court was the battle between Oliver and Bill Abbot for logs. a-side, to take place this day, within sixteen miles from London. It originated at Xenisey, and two guineas a-side were immediately put down, and, according to expectation, the blunt was made good at Cribb's on Saturday night. Oliver, it was observed, was making him self t. :o chap, hut So said " he would not suffer his friend to for feit." Two to une was immediately offered. • Josh. Ilndson and The Safelk Champion are matched to fight for .C.;O a-side hi the same ring that GAS and Neate contend, on the 11th of December An affair of honour, between a Gentleman from the Scottish Metropolis and a Gentleman from Cupar, was settled on the West Sands of St. Andrew's, last Saturday week. The parties and their friends met so early as six o'clock in the morning, and the ground having been measured, and the other preliminaries settled, they filed. The first round was ineffectual, but at the second, Mr. P—'s ball went through Mr. A—'s coat, without doing any injury. The seconds tun interposed, and a reconciliation took place. MEETING OF THE COUNTY OF RENFREW.—POn. Saant to Requisition, a respectable Meeting of the Nublemen, Freeholders, Magistrates of Towns, Jus tices of the Peace, and Commissioners of Supply, was held on Tuesday, at Renfrew, to take into con sideration the state of the Corn Laws. Several Gen tlemen delivered their opinions at great length, con tending that taxation was the primary source of all our evils, that an equality in bearing the burden of the National Debt ought to subsist between the land isA rer and fund-holder, and that a moderate protect duty on grain would be more beneficial to the country than the present prohibitory system.— A t:^moitttee, consisting of three of the landed interest, also three of the manufactut ins interest, was ap pointed to prepare a Report on the subject, to be laid, beloie the County at another Meeting, which is to be held ou the first Moaday in December. • - - LAW IN TELLIGBN CE. COURT OF CHANCERY, NOVEMBER 3. COONERY.--MURRAY D. RUNDELL. __ Mr. Honig, on the part of the plaintiff, prayed his Lordship to dissolve an injunction which the defend ant had obtained to restrain his client from publish ing a Work on a very interesting subject, Cookery.— The circumstances of the case were as follow: Some time previous to the year 1805, the defendant, Mrs. Rundell, who was a Lady of great respectability, had composed and collected several receipts anti observations on the important art of cooking, of which she was generously anxious that society should have the benefit. Her only object was to, make the book find its way into the world with that sort of eclat which was calculated to ensure its be coming fashionable! and therefore her first object was to find out some person through whose auspices she could introduce it to the west end of the town. — She had the good fortune to find a Gentleman of all others the most likely to promote the circulation of her literary labours on this ancient and important art and mystery. Upon the shelves of Mr. Murray it would become the companion of the works of the most celebrated poets, historians, and philosophers, and with them she fancied it would descend to pos terity. This to an author, and a female author, ac tuated by the laudable vanity of seeing her work so ushered forth to general attention, was sufficient re ward. She therefore assigned her manuscript to the plaintiff, Mr. Murray, Vie bookseller, with liberty to publish it for his own us: and benefit ; with this re striction, however, that her name should not appear as the author. Mr. Murray found that the receipts were in many respects imperfect, and required classi fication ; he, therefore, at his own expense, placed the manuscript tinder the revisal of a person to ren der it fit for publication. He also suggested to Mrs. Rundell the propriety of making several additions to the work, which she accordingly made. When the work was at length ready for publication, it was found that a title-page was wanting, which Mrs. Run dell had omitted to furnish. The task of composing one devolved upon Mr. Murray, and the book which was destined to add so largely to the comfort and hap piness of the people of this country, was ushered into the world under the title of " A New System of Do mestic Cookery, founded upon principles of Eciamomy, and adapted to the Use of Peivate Families—by a Lady." This publication was effected entirely at the expense of Mr. Murray, and the profits of the work did not at first make an adequate return for the money he had expended upon it. However, the sale in creased, and in 1807, Mr. Murray thought lie might venture to publish a second edition of the book, with many alterations and improvements,. among which was the addition of a table of contents, which he em ployed a person to compose. He also requested Mrs. Rundell to furnish him with some observations on carving, and the fair author accordingly dished him up an Essay on that subject. Mr. Murray, how ever, was not satisfied with the manner in which this essay was served up, and he was compelled. to give it to another disciple of Apicius to be set in pro per order. Anxious that every possible light should• be thrown on the subject, Mr. Murray caused nine plates to be drawn and engraved, illustrative of the sublime mystery of carving. Tile plaintiff, too, added diverse new receipts of his own, together with some most interesting matter under the title of " Bills of Fare for Family Dinners." In short, he made an en tirely new arrangement of the work for the second edition, which was published in 1809; and in doing 'this lie incurred great expense. The plaintiff had since that time published several new editions of the book, with many further improvements, so that he calcu lated that one-fourth of the matter contained in the last edition of the work was supplied by him. There was now a great demand for the book, which demand, it was but reasonable to infer, was occasioned solely by the improvements which Mr. Murray had effected upon the work, and to the exertions which he had made to circulate it. The Learned Counsel said, that he now came to the point which had induced him to address his Lordship on the present occasion. It ap peared that Mrs. Rundell, after having for so many years surrendered up to Mr. Murray all right in the work, wished now to resume the power which she had abandoned, and had obtained an injunction from his Honour the Vice-Chancellor, prohibiting Mr. Murray from publishing the work. It was somewhat difficult to understand what were the grounds of this conduct on the part of Mrs. Rundell. He (Mr. Horn) thought he should be able to satisfy his Lordship, by the evi dence of a letter of Mrs. Rundell, that that Lady had resigned all property in the work. This letter was writ ten in answer to one addressed to Mrs. Rundell by Mr. Murray. That Gentleman being at Edinburgh in September, 1808, in which city Mrs. Rundell was also residing, thought himself bound in gratitude, as the work had turned out more profitable than he had expected, to make the Lady some acknowledgment. Under the influence of this feeling he sent her the fol lowing letter : 4i My dearest Madam—The unexpected occurrence of some hasiness induces me to solicit your pardon for being obliged to delay the pleasure of attending you until Monday morning. In the meantime I am happy to avail myself of this first opportunity at sending the inclosure, which I trust you will feel it is as highly honourable in you to receive as it is gratifying in me to have such means for offering. Although your gift to me has proved far more valuable than I expected, yet it has added little to the gratefulness which I have so long entertained for a friendship which it is my highest pride to maintain, and which must ever render me your obliged servant, " JOHN MURRAY." The Lotto Coaacetton.—That's good cooking. Mr. HORN.—The inclosure spoken of in the letter was a draft on Mr. Murray's Banker for £l5O. Mrs. Rundell returned an answer to Mr. Murray, in the following terms : " My dear Sir—Your very handsome and most unexpected present I have just received, and can truly say I never had the smallest idea of any return for what I considered and which really was a free gift to one whom I had long regarded as my friend. If in truth you have found my little work productive so far above your expectations as to render your very obliging in closure any satisfaction to your own feelings, I will not affront your noble sentiment by returning It; although your persuasion of ita being honourable to my poor abilities is really necessary to make me believe 1 do not err in accepting it, I beg to return you my best acknowledgments, my' ear Sir, and to assure you of what, however, I hope you do not doubt, lam your obliged friend and obedient servant, " MARY ELIZA RUNDELL." It might be seen from this letter that Mrs. Mundell did not accept this money from any mercenary motive; she did not receive it in the shape of payment, but as a testimony of merit which could not fail tobe agreeable to the feelings of an author. He could not conceive how it was possible for Mrs. Rundell, after writing • _,..a that letter, to come into a Court of E qu ity. The de- 'eminent coal-Merchants, accredited two persons or fendaat might contend, either, that she never did give the name of Prendergast, who kept a coal-slied near the work to Mr. Murray, or that if she did, a legal as- the New-road, upon the security if . a bond given by signment was wanting, and this question might be de- Prendergast and Elmore, the defendants; the bond tided at law ; but she does not choose to meet the case was given for £5OO, to ba , forfeit in ctr,e the balances at law, but has brought it into equity. He considered it of the two I'rendergasts should not, at stated periods, a breach of good ?aith towards Mr. Murray for the upon demand, be forthcoming. Pt endergasts (the defendant to come into equity to ask relief. • ' dealers) failing in their payments, Messrs. Davy and . Mr. HEALD (Counsel f or M rs . R un d e ll) b egge d p ar - • Sawyer found it necessary to sue upon the bond of don for interrupting his Learned Fi iend, but he wished : Prendergast and Elmore ; and a plea (upon which to state, that the plaintiff had first obtained an in- i the case now came before the Court) was then put junction against Mrs. Rundell. He mentioned this I upon the record by the defendants, alleging that, to shew that it was not his client who had brought upon a certain day (saute time prior to the bringing the case into a Court of Equity, but the plaintiff. of the action) the plaintiff, had furnished their ac- Mr. HORN believed that his Learned F r i en d was count against the two Prendergasts, and that they mistaken. He (Mr. Horn) was now moving in a cause had, upon the security of a warFant of attorney from in which Mrs. Rundell had obtained an injunction those persons, given time to them for the payment which he wished to get dissolved. lle had heard that of the sum then due, which sum was £1,099, and no the ground upon which Mrs. Rundell proceeded in more.—The question was, whether the plaintiffs, by this affair was this, that although the copyright might giving, upon such warrant of attorney, time to the in the first instance have been given to Mr. Murray, principals, had or had not discharged the sureties yet fourteen years having elapsed since that time, it from liability ? had now devolved to her. He. could not see on what Mr. MauLE, for the plaintiffs, demurred to the de foundation this distinction rested. There was no re- fendants plea. In the first place he insisted that the ference to it in her letter to Mr. Murray. Mrs. Run- plea, although it denied the defendants' liability as dell might just as well have said that she meant the to the £1,099, for which time had been given, did first edition only to belong to Mr. Murray; but what not negative the existence of a distinct debt previous was her conduct? It was not till after the s econd edi- to, and independent of, the £1,099, nor the accruing tion had been published by the plaintiff with great of such a distinct debt subsequent to the account as additional expense, that the Lady, unfortunately for to the £1,099, and prior to the bringing of the plain her own reputation, was induced, he presume 1 , by tiffs' action : the plet , , in fact, did not negative the the advice of others, to bring forward her claim.— existence of such a breach as would give a claim As an additional evidence that it was the intention to the plaintiffs; it merely set out one particular of Mrs. Itundell to abandon all idea of participation breach, and alleged as to that particular breach a in the produce of the woe k, he would refer his Lord- compromise. ship to an advertisement written by that Lady, and Mr. CHITTY (for the defendants) contended, that prefixed to the book on domestic cookery. In that the giving of time, for a consideration, to a princi advertisement Mrs. Rundell said, that such a little pal, discharged altogether the responsibilityof a surety. work as the one she had produced would have been —Messrs. Davy and Sawyer, by compromising any a treasure to herself when she first set out in life, and breach with their debtor without the privity of his she therefore hoped that it might be useful to others. surety, vitiated their bond in Coto. In that hope she gave it to the Public, and added, Mr. MAULE denied, that even as regarded the debt that as she would receive from it no emolument, so of £1,099, the acceptance of the warrant of attorney she trusted it would escape without censure. From could bar the plaintiffs from au action upon their bond. this it would appear that the fair author had given The COURT looked at that rule of common law her work to the whole world; and yet she came to which said that an agreement under seal should not Mr. Murray, who was one of the world, and said— be discharged by any instrument of inferior value; you shall not publish it. It might, indeed, be said and held that the plaintiffs, having accepted a war from this, that she had given the book to everybody, rant of attorney,were not theteby precluded, in breach but not to anybody. The Learned Counsel concluded of that security, from seeing upon their bond. The with expressing his expectation that his Lordship rule of law might sometimes be oppressive, and, in would see the propriety of dissolving the injunction. that case, relief would be obtained in equity; but it Mr. SHADWELL, on the same side, detailed the pro- was dangerous for a Court of Law to assume the ceedings in the present suit, and in a cross cause, to functions of a Court of Equity, without possessing restrain Mrs. Rundell from publishing her receipt its means of inquiry. with the plaintiff's additions and embellishments.— Judgment (in demurrer) for the plaintiffs. In that suit the Lord Chancellor had granted the in- THE KING V. HANSON. junction against Mrs. ltundell, which injunction the This was an appeal to the Court of King's Bench Vice-Chancellor, when the matter was before him, had not disturbed, but he had granted an injunc- to quash a conviction before the Magistrates of a County. The defendant was charged, under the Excise tion against Mr. Murray. laws, with selling beer without a license, and the evi- The LORD CHANCELLOR observed, that if both were dente for the information proved merely that the beer to be restrained we should get no dinner at all. had been sold. Such evidence was contended to be Mr. SHADWELL said, the Vice-Chancellor had asked insufficient. whether Mr. Murray had not been repaid all his es- Mr.WaLzon (on the part of the Crown) maintained penses? It was due to the talents of the Lady in that the evidence for the information bad been suffi the Art of Cookery, and to the embellishment of the cient. It was alleged that the beer had been sold with work by Mr. Murray, toaay that both had been so out a license ; and the onus was thrown upon the de excellent that the publication had met with its re- fendant to shew that he had a license. The Learned ward, and had experienced a most extraordinary sale Counsel, in support of his argument, cited the cases during a course of several years, but there was no va- (cases upon the Game Laws) of the King v. Stone, lidity in that argument. It was no reason why a and the King v. Turner, in which it had been held Court of Equity should not protect Mr. Murray in the sufficient to allege a want of qualification in the de enjoyment of a work which he had a right to consi- fendant, leaving it to him to negative such allegation. der as his exclusive property, inasmuch as he had ori- Mr. ALEXANDER, for the defendant, contended that ginally been induced to lay out a considerable sum of the informer must, in the fir st instance, prove his case. Lis own money upon the express assurance, that, if his By the first rules of law crime must be proved against speculation succeeded, it was to be for his own be- a man before he could be called upon for his defence. - nefit. The Learned Counsel proceeded to argue, that Cases upon the Game Laws were not analogous with though there had been no legal assignment of the ori- the present case. It would be very difficult perhaps ginal copy-right, there was an equitable assignment for an informer to prove that a man had no qualifi equally binding. He was in the course of referring cation to kill game ; but he might very easily prove to cases upon the subject, when his Lordship desired (if such were the fact) by reference to the super that the farther hearing might be deferred. visor's books, that a particular defendant had not a NOVEMBER S. license to sell ale. THE ATTORNEY-GENERAL G. MOSES. The COUOT held that the defendant might, with- His Lordship, on coming into Court, proceeded to out any inconvenience, produce his license if he had give judgment in this cause. He said that the cause one; and affirmed the conviction. was originally argued before the present Master of the Rolls when Vice-Chancellor, from whose decision it was brought before him in the shape of an appeal. The question to be decided was, whether certain leases granted by the Vicar and Vestrymen of the Parish of Stockton were valid ? It appeared that by an Act of the 12th of Queen Anne, it was enacted that the township of Stockton should thenceforth constitute a distinct parish, and the Bishop of Dur ham was empowered by the same Act to grant a lease of all the waste lands to the Vicar of Stockton, for the support of the Minister, at an annual rent of one penny. This Act did not authorise the Vicar to let the lands on farming leases. The Act, however, was afterwards amended so as to permit the Vicar and Vestrymen for the time being to grant leases of the waste lands for any number of years, at the highest rent they could get. Under this Act the Vicar and Vestry had granted leases for 999 years, at a rent which amounted to only £52 per annum. These leases it was now sought to set aside by the present ! information. The late Vice-Chancellor had decreed Mr. COKE, of Holkham, loses £20,000• this year by the fall of rents Yesterday, the remains of CASSANDRA AONES, Lady HAMILTON, were removed privately from her house, in Weymouth -street, to be interred in the family vault at Stow St. Edward's, Gloucestershire. A SCOTCH MUSSULMA Ne-A Gentleman of the neighbourhood of Perth, who has made various excur sions through the most interesting parts of Europe and Asia, was lately in Constantinople, where he was more than once exposed to the outrages and insults of the pc place. Having applied to Mr. SALT, our Consul, for protection, he gave him in charge to a Mussulman in the service of the Sublime Porte, un der whose guardianship he visited every accessible object of interest in that wonderful city. He was sur prised, on a very short acquaintance, to find that Ws companioh spoke the English language fluently. On questioning him he was informed, to his no small amazement, that he was a native of Scot land—that he was born and spent his youth in Lun carty Bleachfield, in the neighbourhood of Perth— that he had had a scuffle with another young man there, whose life was in consequence despaired of—and, dreading the punishment of the law, he had fled from his native place, and taken refuge in a vessel bound for the Mediterranean. This ves sel was captured, and the prisoners carried to Cott• stantinople, where he was for some time in the ser vice of an apothecary, who employed him to sell drugs through the city, but allowed him a very small pittance from the sums he thus collected. He after wards applied to Mr. SALT, who kindly assisted hint with money sufficient to commence business as an apothecary on his own account, and he had been so successful that he soon repaid the borrowed morey, and was now in very comfortable circumstance!.— ,- This anecdote will remind our readers of the story of r our Ambassador, who, in arranging the terms of a treaty with the Grand Vizier, found - considerable dit. ficulty in coming to an understanding by means of an interpreter, until the Vizier, ordering the inter preter and all the by-standers to the door, saluted the Ambassador with 44 Fu lang frae Aberdeen, man?" and the business was concluded between the coun trymen in a nice. that the leases were valid, and ought not to be dis turbed, and an appeal had been entered against that. decree. He (the Lord Chancellor) had examined the case with great attention, and though he was of opi nion that the Act of Parliament gave greater power to the Vicar and Vestry than its framers had perhaps contemplated, yet he could not think that he ought to interfere in the matter. It had been contended in support of the information, that this case ought to be viewed in the same light as that of a Charity, in which it would be incumbent on the Court to interfere, in order to see that the trust property was managed in the most advantageous manner; but this argument was erroneous. It was clear that the Vicar and Ves- trymen had acted under the express authority of an Act of Parliament, .and when it was considered that no attempt had been made to disturb the leases for more than a century, during which time they had beea enjoyed by several persons, he could not bring himself to interfere with them. In this view of the case, therefore, it was his opinion that the decree of the late Vice-Chancellor ought to be confirmed. COURT OF KING'S BENCH, NOVEMBER 5. DAVY AND OTHERS V. PRENDERGAST AND ELMORE. This was a question as to the liability of sureties. The plaintiffs, Messrs. Davy and Sawyer, who are ~~~.: - -.,, if