Star. — London, England, 1821-11-07 00:00:00

THE ICING. CALAIS, NOVEMBER S. Majesty the KING of ENGLAND sleeps this night at Brnsseli, and will be in Calais the day after winntrow:—he comes by Bruges, Fruges, and DOVER, NOVEMBER 6. The *vas steam-vessel left Calais this morning 'f or Wi lmer Castle, with the Marquis of LONDON viler s he is to return immediately. Tits KING is wetted at Calais the day after to.mnrrow. The Industry r assage-vessel, which sailed from nut Roads on sdndo morning, with .ahoot sixty passengers, and for the safety o f alone there seas great anxiety, arrived in Calais harbour without a ny accident : she encountered a very severe gale during lies paia ge the violence of which was snch that the crew were necessitated to lash the pa sse ng ers t o the deck. &vend sail he- I. t o i bis port lost anchors and cables in Yarmouth Roads, I Suriag the e , k. but have arrived in safety. A fishing vessel he -1,4/ing iv Dover, has brought intrUigence of a gallidt having kr , b u rnt to the westward of Dungeness Point—crew saved, b at P a • rticus lar unknown. Owing to the holsteMns state of the nestirrno v-ssel had are iveel trem theContineut since Thursday, till the Rob Roy steam-pa.:ket, which this afternoon brought a b o s tO passengers. A V.ll. 1.% TELL IGENCE. m Rot India Company's ship Lowther Castle arrived in g r eploo the 22d of May ; and the Atlas and General kyd en the '+'h of May. The Kellie Castle arrived at Madras on the Rh of June. Th: Kent arrived at Bambay on the 10th June. ybe Gent•ral Harris, outward-bound, put into St. Denis, Isle s t roam, for water. ne ship Alexander, Captain Semmes, arrived at Portsmotath ea Saturday evening front Ceylon and the Isle of France; w eaty-two days from the latter place: fora tteas rum CZTLON.--11. G. Banks, Esq. Paymaster of the 16th Regiment ; Captain J. G. Lloyd and child ; lieutenant D gg eet eworth ; and Lieutenant G. Connor, of the 75d Wai mea; lieutenant C. T. utton, of the 2d Ceylon Regiment ; R oge rs, Esq. and child, of th • fl-finance Department; and jiestenaut C. J. Dunn, 2d West India Regiment. nogg me fsi.r or Fps:sec.—l .itmtenant T. Luard, of the b p i Artillery; Captain Ulysses Burgh, H. P. 56th Regiment ; 1 Captain Mason, in the Hun. Company's Service; Mrs. 1 F u rlong and four children ; Mrs. Skelton and two children; and two serjeants and live privates, invalids. Farad of a letter from the Agent to Lloyd's at Lowestoffe, I dated the sth inst.—" Yesterday afternoon, in a most tremen- doss hurricane, a great many ships were forced to cut, there king swell anchored in the Roads. The following are on shore hen, in. the Economy, of Hull ; and a sloop, in ballast :—at Lewestalk, a sloop laden with timber. belonging to Mr. Pa 1.- on, el Yarmouth; the Maria, lln.roan. a Humber keel, laden with oats, Iran Boston to London. The Unity, Durum La. troll Afloa to Laden, with whiskey, was obliged to run to the South ward, with the loss of an anchor and cable. A Asreign vessel is on shore at Kissingland, several between here and Yarmouth, ad several on the other side." &tract of a letter from Lloyd's Agent at Scarborough. dated the 4th iset.—" This morning, between nine and ten o'clock, It came a a tremendous gale at N.N.E. accompanied with rain, and coodased increasing until noon. Several ships (both light and Wad) were passing at the time the gale took them. A sloop, apposed to be the Hope, Loverr i , of Wisbeach (by a boat' that has cone on shore), has foundered with all the crew, about ' lea mile South of the Spawhouse. A schooner was trying also to stake the harbour, when a tremendous sea struck her, and hid her on her broadside, and she disappeared immediately. I fear you will have a dreadful account from the North, the gale reining on so suddenly." • The glary and EIIZ2, Mayer, from Oporto to Newcastle, etas driven on shore on the Black Middings, on Saturday night, ind it was feared would be lost. Crew saved. The Providence, GsAvis, of Shields; and Caledonia, of Bos on, were driven on shore year Scarborough, on Saturday morn 4g, during a tremendous gale at N.N. K. The Star, Cat, wa, lost on Sunday, on the Heaps Sand.— vw raved, and arrived at Itarnsgate. The Ann, l'orrt.n:w►n.n., from London to Hull; and Lark, of Whitby, were lost off Wells, on Sunday night. The Ann and Jane, from Colchester to Leeds ; and Betsy ad Kitty, from Perth to Chichester, were driven on shore near Tansoutb. The Venus, from London to Leeds struck on a sand in the [woe Sunday morning, and sunk, but has since been weighed. Ibt Sally, esovu vas, from Buenos Ayres, is arrived at the Marti's, leaky, and with loss of foremast. Ilr Tartar, Lamm, from Loudon, is totally lost at St. John's, Iry &unswick. Hal -THUD, Nov. s.—The hull of a brig, of about 160 tons, trastwasight into a creek about five miles at the back of the Head, yesterday, by some fishing boats. The wreck is entirely IPta, Aber frame-work gone, sides and bows whole, and a bait head She appears to have been some time under water. &unarm, Nov. s.—Wind N.—Sailed the Lady Arabella Mitt, with a Mail fur Lisbon • also the Thalia, fur Port Jack • Marvels of Anglesea ; Harris ; George I I I.; John; niAssentein, for Jamaica ; Antmus, for Antigua ; Joon Ba kecist 'ashore; Amelia, for Seville ; Resignation, for llilboa; hail" Faro; and Britannia. for Lisbon. Pernoorn, Nov. s.—Wind N.W.—Arrived the Rose, Huss nom, from Zante for Gibraltar. Sailed the Friends, Baca, le Tropd er . Poissmoont, Nov. 6.—Wind F.—Arrived his Majesty's ship Roma; from a cruize. Sailed the Androssan, Itrerm ' for liverponl; William Manning, SMITH. for St. Kitts; Mandarin, West, for Baltimore ; Jane, ANDEILION, for Bourdeaux ; Soulful, Rocca*, for New Orleans; Pasqua', ARDIIIIIO, for Cadiz; Debtors', Yoriso, for St. Vincent's ; and James Dun leP. Smyrna, for Trinidad. DIM, Nov. 6.—Wind W. N. W.—Came down from the River the Bemis, Wirnosanum for Portsmouth and New South .Woks; London, Sierra, Lady Holland, Powame and Coroman "'l__Sottv, for Jamaica; the Sisters, ScRCIIANT, for Demerara; anineS, ROSELTON, for Malta ; Nassau, TIMMATKZ, for St. Mi daers t Monmouth, Savant. from Newcastle for Jamaica; and Fenny Voase, lama, from Hull for Oporto. The Nassau has tat an anchor and cable. The above have sailed, with the rest ache outward-bound. Arrived and remain, the Mary, Dunn, from Quebec, with loss of bulwarks; Richard, Wu.coex„ from hem Leone; Elizabeth, thrum, from Ceylon and Madras; 4d ," Eari . Si . • "mew; Somme, from Bombay. Put back the '"voyi aerawns. The Alliance, Away, from S hi e lds fler Upoeto, is off the North Foreland, with loss of anchom and obvl lin. The wind has now (seven o'clock) backed to the Sonny ant, and the outward-hound are coming back. Winrav, Nov. s.—Yesterday, during a strong gale from the Fat, the Friendship, of South Shields, from Riga, came on shore, 4 4 will be totally wrecked—crew saved. T hree sloops are also on shore. Scsoexia vo, Nov. s.—The following vessels were driven on awe near dal- place yesterday morning, during a very heavy Pie from E.N.E. to N. E. viz.—Brothers, Wavrois, since gone tg . livtev; Dido, Naos, n e arly wrecked ; Betsy, WRIGHT, and . 0 7,7 -7 Ato4--- not much damaged, and expected to be got off; an FAcutslot i i, of Wisbeach, much damaged. The Vesta Cass.sof Lynn, is on shore near ‘lartlepoul, and several oche; wads . to the coast. i . er vassaoccu, Nov. s.—The Collingwood, Macirawese, of arvi hind to the North, was lost during the late riles two MIN teeth of this place. The Bucephalus, 6IDDia, of Shields, j ae l ,.., s e "bore yesterday afternoon—crew saved by the life-boat. Eagle of London, Ilaxear, came on shore at high water, • has received considerable damage. C asioa-ilocss, Nov. 6.—Ships Entered Inwards': The Te ire; fray Faro ; Cor o nation, from Harlingen; Bertha L 7o __zard , from Leon; Couch, from Nassau ; Good Intent, 1 Gourdeaux ; Esther, from Malaga; Radius, from New ▪ ; aid Archimedes, from Cadiz.—Entered Outwards: The mann, for Wheelies.; Swallow, for Bombay; Ardent, for ; Matilda, for Antwerp ; Wallace Edkin, for Hayti • rt foe Ikaterara; Richard and Sarah, for ()polio; Mel: irg . . fog Grenada; and New Volunteer, for Jamaica.—Cleared ' w ards ; The Friendship, fur Jamaica ; Caroline , for ditto ; thissfcrl, for Rotterdam Levant, for Belfast; and Dale, for A "c' — A t qt Ic t ik •.ladzaa, rise Lady Lushingtoo, General Harris. , General Palmer, and Moffatt, (tint London. At -= --••••.... ~ .r.. Bengal, Lowther Castle, from London. At Jamaica, Naviga tor, Lorgon, from Halifax. At the Cape of Good Hope, Bri, fon,---; and Voyager, Riehardwzi, from London. At Bar via, Banditti, Pearson ; and Clay, from London ; also the Pactolus, Greases, (rum Holland. THE ARMY. Commissions in the Stockport Trop of the Xing's Volunteer Legion, signed by the Lord Lieutenant of Cheshire. James Radcliffe, Gent. to he I-kitten int, vice Howard. resigned ; Alexander Lingard, Gent. to be Cornet, vice Howard, pro- moted. Commissions signed by tic Lord Lieutenant of Sussex. Jesse Cresson, Esq. to h.• Deputy Li. utt nant. Sussex Regiment of Militia—Ensign Charles Brown to be Lieu tenant, vice Kinleside, promoted. Lewes Troop of Sussex Yeomanry Cavalry—The Right Ho nourable Henry Hall, Lord Viscount Ga,;e, to be Cornet, vice Rogers, resigned. Commission in th•• Carmarthen Yeomanry Cavalry. ; signed by the Lurd Lieutenant of the county of Carmarthen. John Howell, Gent. to be Cornet, vice Bowen, resigned. SPORTING MT ELLIGENCE. BOXING lITTYTTEN TOM MT= aro SILL ABDO?, FOR TRW MMUS A-SITE. Mottlsey Hurst, yesterday, was a; tin the attraction of the Riney; and, notwithstanding the above match was made in a private manner, the road at an early hoer exhibited a variety of tod/ers eager to arrive at the desti:ted ; and the swells were far more numerous than might have :wen reasonably expected at such an occasion. At one o'clock Oliver, attended by Ben Burns ..nd Bill Gibbous, threW up his hat in the ring; and shortly afterwards Vtbor., followed by the S r nig tt Myrtle and his father, repeated the token of defiance, and Scroggins and Tom Jones were his seconds. The name of Oliver, and the re collection of what he had done, placed him so high in the esti mation of the amateurs, that five to one was offered, hut scarcely a t iker yea) to be Ine,d. The President of the I)4y Club was one t•f the time-keepers. The colours were blue; and Abbot ! till! hi• own emblem to the stakes. Round 1. On shaking of hand , , it was expected that Oliver would immediately go to his te.wk. Some scientific attempts at hitting were made on both sides, but without effect, whin Ibbot run in, and Oliver held him in his arms and got him down. Shouting for joy, and Oliver for any odds. Abbot missed a right-handA hit ; ard, after closing, both went down. 3. Oliver placed a body blow, and they rallied each other to the ropes, where much hugging took place, and both went down. 4. Oliver hit his man in the throat, and threw him. 5. Some good exchange at hitting in favour of Oliver, who threw adversary. 6 and 7. Oliver threw his adversary. It Abbot made play ; Me was parried, and hit heavily in re turn : a rally followed, in which Abbot drew first blood from Oliv.-r's mouth ; but he was thrown. 8. Oliver drew blood in return from his adversary's nose. Ab bot placed a good right-handed blow on the nob, in the cl.ase of he rouLd ; hot he was again thrown. The next six rouadi Oliver had a decided advantage ; but his Ames made no visible effect. Abbot was thrown in every round. 16. Oliver had su much the best of this round, that a Sovereign way hzsging halt 3 crown ! 17 18. In the last of these rounds Abbot was reduced to a stand still; and when he tried every manteuvre for a resting place; but Oliver held him up, and weaved at him until he was tired too. _ _ The next four rounds were fought %1 distress, and produced nothing to remark upon. Both men were bleeding freely. 23. This produced the first knock-down blow from Oliver in the throat, after a good rally. 24. Oliver received a heavy right-handed blow on the ear, and he returned the lye upon the eye, and both went down. 25 and 26. Abhor scented tired of his match, and tried to get down as soon as he could, and Oliver was too much exhausted to hurt him, .1 27. Over hall a most decided advantage; and in a close Ala bot strove to get one knee on the ground; and Oliver exhausted himself with punishing him. 211. Abbot went down from weakness; and in the 29th he got a crack or: the head which gro ,,, *ti him, and made him drop it on his seentid's shoulder. A guinea to a shilling was in vain ofier-t: upon Oliver. 30. This %. as "a fine fighting round ; some severe exchanges took place, and Abbot at the close of the round, planted such is traal nsious right-handed hit just under Oliver's ear, that he wait down like a shot : it was on the spot where Painter, Neate, and Gat hats l)efore done so much execution. Oliver was now all ahr....0, and was lifted front the ground like a sack of sand. l Itatioad .i..mpson, Josh. Hudson, &c. with all their vocifera_ non, sould scarcely restore him to his senses to be in readiness for the call of " time." It is impossible to describe the state and agitation of the ring ; not on account of their losses—for there were scarcely any takers, but the sorrow felt at witnessing this lamentable de-up of a brave man.-5 to 1 against Oliver. 31. Oliver was brought to the scratch, but no sailor, threel ' sheets in the wind, was half so .roggy ; Abbot went up to hint 1 like a bull-dog, ladled hint in alliltrectious, and floured him like a b 'by. 32. The old fanciers were all hurt in their minds at this re verse of fortune, and not a Westminster boy, or a costermonger, but almost felt for their wipes to dry up their moistened ogles: " but who can tide the ut.certain chance of war ?" Oliver put up his arms to avoid the puuishment, and again went down like a log of wood. A guinea to a mog—but it was of no use. Oli ver was in Chancery, and completely at the mercy of his op- ponent, and was sent down as easy as ally. 33, and lash—Oliver was brought up, but it was the Mint to a 'flashlight. Abbot went in, gave hint the seep-de.grace, and he measured his length insensible to the call of tune. It oscupied 53 minutes 38 seconds. lirmaaxs.— Not a man on the Hurst but who lamented this sort offloads of Tom Oliver, who once aspired to the Cham pionship. He must not fight any more. Ile is still brave in idea, but he does not possess strength or wind to second his wishes. Abbot will not prove an easy customer, and when he left off be possessed strength enough to beat a good one. Oliver was ter ribly beaten : it was some time before he recovered himself, and was able to leave the ring. It might be said that Abbot won it without a scratch on his face. lie shook hands with Oliver. It is curious to remark, that the Gas observed to Oliver, in the fourth round, " Why, this is a lark—tent it, Tom? Surely you don't call it fighting?" . Sampson immediately threw up his hat in the ring, and of fered to fight Abbot for £25, X5O, or XlOO. Hats full of money might have been won, but all the ring were for Oliver. Swans Fatima...A second fight was made up between Latkans and Jones, two little ones, but good, and well known at the Fives and Tennis Courts as setters-to. Dolly Smith and Sampson of ficiated for Latham, and Belasco and Tem Jones for Jones. This was a prime interesting battle, for twenty-six rounds. hirty three minutes. Jones, as gay as a lark, nuebeil Latham at coming in with great success; but the latter was as game at a pebble, and always finished the rounds best. In the twenty third round, Lathanifrored Jones by a taste in the wind-nsailel, which rendered the battle his own. Three more rounds were fought, but Jones wanted the bellows, and gave in. Latham is a pretty boxer, and nothing but an out.a.td-oat bottom man. He was much admired by the amateurs. Although this match was scarcely known to the sporting world, it excited great sur prise to witness the lots of swells that were present, and the mi. nee eaves of the Fancy. It was a good day 'a play...-On leaving the ground, the general exclamation was " Poor Tom Oliver!" Sir FRANCIS BURDETT arrived on Saturday at Kirby Hall, for the express purpose of joining the Melton Mowbray Hunt. The Duke of HAMILTON and BRANDON has gene rously granted to the tenants of his Grace's Arran estate, abatements out of their rents of crop of 1810, to the amount of £3,000. Cosa RICILLIKII, MAIL[-Last, Nov. 7.--There was a good supply of Wheat this morning, chiefly consisting of what re mained over from Monday's arrival ; and although the trade was heavy, yet prime samplei obtained Monday's prices, bUt no sales were made of the inferior qualities. We bad rather a large ar rival of Barley from Norfolk and Suffolk, but very little of It was of fine quality, which sort, from its scarcity, sold readily, on full as good tams as on Monday, but the inferior descrip tions were dull of sale and rather cheaper. In Evans, Peas, and tats there is no okeratiou. LAW INTELLIGENCE. COURT OF CHANCERY, NOVEMBER 6. This being the first day of Michaelmas Term, the Loao CHANCELLOR met the Judges in Lincoln's...lnn- Hall at eleven o'clock, and came into Court at one. MURRAY V. RUNDELL. and not in substance. He was convinced that, ont of a Court ofJustice, no two persons could be tiond to differ about the intention of Mrs. Rundell, when 'she gave the work into the hands of Mr. Murray. It had been said that Mrs. Rondell gave the copyright to Mr. Murray only until he should reimburse him self for his expenses; but how could this be recon. His Lordship called upon Mr. Sliadwell to proceed cited with the letters which paced between the par with his argument in this case, which stood over ties at Edinburgh ? Mr. Murray expressly stated in from Saturday last. Mr. Hone informed his Lord- his letter, that he made her a present of £l5O on the ship that Mr. Shadwell had no farther observations ground that his profits from the work were very large. to offer. Mrs. Rundell did not then reclaim the copyright, and Mr. /helm then addressed the Court for the de- say that her publisher had been reimbursed. Quite • fendant. He would make a very short reply to the the reverse: she said in her letter, that she had given pleasant speech of his friend Mr. Horn. The work the profits of the work to him; that she had 1:0 light of which so much had been already said, was gene- to the £l5O, and that she would only receive it in rally admitted to possess considerable merit. Even the light of an honourable testimony of her abilities. the reading of it did not fail to give one an appetite. This circumstance made it evident that Mrs. !Lundell The LORD CHANCELLOR. --a Then pray hand the h a d not g i ven t h e cop y r i g ht t o M r . M urra y on l y unt il book up to me, if it has that effect r he should be- indemnified, because she knels , that he The book having been passed to his Lordship, I was indemnified at that time ; and also, that he was Mr. HEALD then proceeded to argue that therehad about to publish a second edition of the book, from been no legal assignment of the work to Mr. Murray, which he would derive larger profits, and yet she because, as his Lordship knew, the Act of Parliament never intimated the least desire to gain possession of required the assignment to be drawn out in writing, the copyright. The question to be decided was, not and attested by two witnesses: and in that case the what Mrs. Rtmdell's case was at law, but what it was assignment would hold good for only fourteen years, in equity. Mr. Pepys had said there was no doubt unless renewed at the expiration of that term. There- o f his client's case at law; it was so clear that nothing 'fore, if there had been a regular assignment of the could be said against it. If this were so, why did work to Mr. Murray, instead of a gift, as in the pre- the Lady prefer to struggle its a Court of Equity, sent case, the right of publication would have de- where her right was not so clear, instead of proceed volved to Mrs. !Lundell at the end of fourteen years. ing at once in a Court of Law ? If her right was so How, then, could it be contended that Mrs. Rundell clear at law, so also was her remedy, for the terms was placed in a different situation from the effect of were synonimous. There were many cases even where la gift than it there had been a leg al assignment ? the legal right was clear in which a Court of Equity The LORD CHANCELLOR observed, that all Mr. would not interfere, and the present. was a ease of Murray's injunction implied was, that Mrs. Rundell that description. The Court would hesitate before it had no right to publish the work with Mr. Murray's determined to grant relief to Mrs. Rundell, who now, embellishments. The question was, whether Mrs. for the first time since 1805, having in the interme- Rundell should publish the work without the embel- diate time allowed Mr. Murray to print and reprint lishments, or whether Mr. Murray should publish the the work at his ors n expense, sought to obtain an embellishments without the work ? It might be ne- injunction against him. cessary to consider in this case whether Mr. Murray The LORD CHANCELLOR said, that the Court had bad a right to exclude Mrs. Rundell from publishing interfered in some cases to prevent the infringement the work? and in the view of the case which he at of copyrights, in order to relieve the possessor of the that time took, it appeared to him that though Mrs. copyright from theexpensive remedy of bringing ac- Rundell might not succeed in restraining Mr. Murray tion after action for every particular act of piracy, from publishing the original work, yet that Gentle- There were also cases in which the Court refused to man could not succeed in restraining her, or any grant this extraordinary relief, on account of the im other person, from publishing it. proper conduct of the patty applying for it. Mr. Mr. HEALD said, he would be satisfied for his part Murray asserted that he possessed the copyright of to take what had fallen from his Lordship as judg- .the work; but the Court had nothing to do with that ment in the cause. He called upon his Lordship to question. He (the Lord Chancellor) was not aware maintain the injunction on the saw.: arguMent which of the state in which the recipes had Leea delivered he had before urged ; namely, that if Mr. Murray to Mr.'Murray by Mrs. Ituudell. If that Lady had had obtained a legal assignment of the copyright, collected a number of recipes, and embodied them the right of publishing would have returned to Mrs. in a new arrangement, she might have a copyright. Rundell at the end of fourteen years. The Learned But if she merely got the recipes together in order Gentleman then observed, that Mr. Murray had been to be arranged in the form of a book, it would be fully remunerated for every expense he had incurred difficult to say that there ever was a copyright. But • in publishing the work, though it would appear thin it was necessary to look at the manner in which - the he had not yet satisfied his craving appetite. work was given to the world, in order to discover The LORD CHANCELLOR said, that the question whether the person collecting the materials for the was not whether or not Mr. Murray possessed the hook ever intended to have a copyright. Here his copyright, but whether Mrs. Rundell ought not to Lordship teed the author's advertisement, in which obtain a remedy for. her alleged grievances, at Law, she said she gave the book to the Public, without in instead of Equity ? With regard to what had been tending to derive any emolument from it. It night said respecting the profits which Mr. Murray had ob. be said that all authors gave their books to the Public, tained, it ought to be considered not only what ht but all authors expected to receive some emolument had gained by the expense and-trouble he had em- from their works, though they were often disap ployed in that work, but also what he might have pointed. The letter which Mrs. Rundell wrote to gained it he had employed the same trouble and ex- Mr. Murray, upon receiving the cheque for £l5O, pease in another work, exclusively his property. contained only expressions of gratitude tor a personal Mr. PEPYS also addressed the Court for Mrs. Run- obligation, without advancing any claim with respect dell. He observed, that when Mr. Murray's case to the work, and yet he could not see why she might came originally before his Lordship, it stood on quite not have prayed for the Injunction then as well as different grounds to those on which it was now sup- now. A Court of Equity, though it never granted polled. Mr. Murray in his bill had stated that one an Injunction except where the right was clear, some fourth of the book was his original composition; but times refused one even when the right was clear, on being called upon by Mrs. Rundell's answer, to point account of the improper conduct of the party. Under out such parts as were written by him, he was tom- all the circumstances of the case, without deciding pellet to acknowledge, that his whole work was the whether Mr, Murray possessed the copyright, or whe. production of the title-page, the index, and the table titer Mrs. Rundell or the Public had a concurrent of contents. The title-page was Mr. Murray's greatest right to publish with him, he felt it necessary to dis achievement. He said that he believed the sale of - solve the Injunction. A Court of Equity was not the the work depended in a great measure on having an place to discuss the question of right between the par attractive title; and then he described the manner in ties; strict law must decide that point. which he, with infinite labour, composed the title- , COURT OF ICING'S BENC 11, NOVEMBER 6. page. He (Mr. Pepys) could fancy he saw Mr. Mur- HAYWARD R. HORSIER. ray, rising from the completion of his arduous task, Thil cause was tried before the same Learned Judge, at the last Assizes for Essex. It wa s an ac . his eye glistening with rapture, and his whole frame Judge, tion under the Game Laws, for using a setting-dos under the effects of the inspiration which for the purpose of killing game. In the evidence, it had enabled him to perfect his masterpiece of corn-, was proved that the dog had not te en u se d f or th a t position. The Learned Gentleman next stated, that Mrs. Rundell had given Mr. Murray the copyright purpose. It was proved that the defendant had a setting bitch and two half-bred setters, and that he for the first fourteen years only. as a remuneration Find been seen shooting with the setting bitch two years for the expense which he incurred in publishing the book; it never was her intention to abandon all fu ago, a period long before the time mentioned in the cure claim upon the work. It was admitted that declaration. A servant of the defendant war called, Mts. Rundell had the legal title. Mr. Murray had who stated that his master had a setting-dog, but never attempted to try the question at law; and the that it was dead long before the time stated in the question now to be decided was, whether the Court declaration, and that at the period mentioned therein; would grant Mrs. Rundell the relief she was entitled last season, e Learned Judge held, that as the law his master never used the bitch for that to, or would compel her to seek a remedy at law for p ur p os e. ' The every invasion of her copyright? then stood, no person could keep a setting-dog or The LORD CHANCELLOR here called the attention pointer without corning within the meaning of the Act. o f M r . Pepys to the author's advertisement, in which Mr. G melte moved, to-day, for a Rule to shew cause why the verdict found under the directi on o f th e she stated that she gave the book to the Public, and Learned Judge, should not be sit aside, and a nonsuit expected to derive no emolument from it, and asked the Learned Gentleman in what way he thought that entered. The Learned Counsel said, that he made affected his case? this motion by the direction of the Learned Judge, Mr. PEPYS replied, that he conceived the passage who observed, that he should feel great sati s fa c ti on if to have been written only fo r the purpose of depre he (Mr. Gurney) succeeded. At the time of the trill he submitted to the Learned Judge, that there ought eating censure of the work. Mr. Murray would not to be some evidence to :thew that the dog was kept have expended his money in bringing out a work w hich any other bookseller would have been at liberty for the purpose of killing game. At fit st the Learned to publish. Besides, Mr. Murray did not rest his Judge coincided in opinion with him ; but be after claim on the ground that he was one of the Public. wards directed the Jury, who, with extreme reluc- Mr. HORN said he felt it necessary to say a few tame, found a verdict for the plaintiff. The Learned words in reply, in order to put the Court in posses- Counsel said, that at the time of the trial he cited the sion of the real circumstances of the case, and to case of " Reed v. Meado,vs," in 15th East,67l. It defeat the attempt which had been made to confound was an action of a similar kind; and it was deter two things totally distinct. There were two bills m i ne d i n t h at case , t h a t un l ess a d og was k ept f or t h e filed in Chancery ; upon one of them an injunction purpose of killing game, it was not an offence under had been obtained to prevent Mrs. Rundell from pub- the Game Laws. file Learned Jifdgc, however, left fishing Mr. Murray's embellishments. That injunc- it simply upon the bare fact of keeping the dog, and li o n had nothing to do with the present motion, and he desired the Jury to take the law from him, and to his Lordship's attention ought not to have been drawn . find for the plaintiff. to it. Upon the other bill an injunction was obtained I The CHIEN Jusrice.--The ease in East was cited, by Mrs. Rundell t o p rev ent Mr. Murray from pub- I think you say, Mr. Gurney? and how di•lt he Learned fishing the original work, which he (Mr. Horn) con-'J u d ge distinguish this case from that in E ast ? tended that Lady had given either to Mr. Murray or i Mr. GURNEY.-411 this way, my Lord. In the case to the Public, and had now no longer any right to. reported in East the dog had not arrived at maturity ; He contended that Mrs. Rundell had giver, the copy- but in this case the do g had been u s ed. right to Mr. Murray; and if any one objected to this The.Crrier Jusrzor..—You may take a Role to view of the case, it could only be on technical points, show cause. _...~ ~- ~- T