The Statesman. — London, England, 1821-11-05 00:00:00

,-., LAW INTEI•LIGE.NCR. —.....—. COURT OF CIIANCIERY, No•. 3. HZALD moved to commit a person of the name .4 'N.Dongal to the Fleet, for refusing to pay the rent . f tin house and premises, situate in the parish of St. *am to James Dodd, Bog , the receiver appointed by the Court. There were, be said, a number of houses in St. mien's, which were the property of an infant. His father had left him the principal parts of his estates by will; but with respect to these houses he bad omitted to do so. and he took them by descent as his heir. The tenants imagined that this infant was not legitimate, aid that, as &Datuml consequence of their landlord's illegitiomoy, they themselves acquired the character of owners. This erroneous notion had, some time since, made it necessary to move to commit M'Dougal, who, however, submitted to pay his rent on receiving a sum of money be bad expended in repairs, an account of which repairs be was to deliver to the receiver. Sub sequent to .this.'* similar i tpplieation had been lode against another tenant, nied Perri', and he wan- or' d .red by the Vice Chancellor to stand committed; but it being the practice that the warrant for his commit ment should be signed by the Lord Chancellor, the order for issuing it bad been left at his Lordship's house previous to his leaving town; his Lordship con sidering that the order required some explanation, had returned the warrant without signing it. The canoe winence of this has bete, that all the tenants, who un questionably would have submitted if Perry had i•een sent to the Fleet, were now convinced they could ret the Court at defiance and become their own landlord. Among the rest, ill'Dougal refused to obey the order be had before consented to; he would neither pay his rent or give in the account of his repairs; the receiver had, therefore, been obliged to apply to his Lordship to request that by committing Mr. M'Dougal to prison, he would convince him, that he was not by his own mere act of authority, to convert himself from the tenant of his house Into its owner. The Login CHANCILLOR observed, that the tenants Te...re extremely mistaken in the Lotion they had formed of their own rights. It was far from the w ish of the Court by commitment to compel them to pay their rent, but it would be necessary to enforce the payment if they persevered in their resistance. His Lordship twill, be had Mt some difficulty with regard to the hurter!: of the former order. Ele thought it had gone rather further than it should have done: if the order was handed to him he would set the matter right. Mr. ligALD.—These tenants all think they are now quite safe. MURRAY V. XVIIDELL. Mr. Holt moved os the part of Mr. Murray, the plaintiff, to discharge an order for an injunction vranted by the Vice-Chanoellor. at the instance of Mrs. Eliza Itnndell, to restrain him from publishing a work Irhich treated of matters certainly of great importance to the comforts of society. Loan Cnawczt.Loa.—Not a book upon law, I pre tome. Mr. floaste.—lt was a book on the science of Cook ery and the Art of Carving. In 1805, Mrs. Rundell, a lady of education, having collected sad composed a great number of receipts in cookery, conceived that eke could not better promote the interests of the public than by devoting her labours to its service. This she determined to do without the most distant view of any pecuniary remuneration. Her only object was to make the book find its way into the world, witlythat sort of eclat which was calculated to ensure its becoming fashion. able ; and, therefore, her first work was to find out sore person through whose auspices she could intro duce 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 com panion of the works of the most celebrated poets, his torians, and philosophers, and with them site fancied it would descend to posterity. '1 his to an author, and a 'female author, actuated by the laudable vanity of seeing her work so ushered forth to general attention was sufficient reward. She presented her work to Mr. Murray in 1805, upon his undertaking to publish it at his own expense and risque. At this time nothing was farther from her thoughts than receiving or claim ing any remnueration of a pecuniary nature. Upon presenting her manuscript to Mr. Murray, it was found to be a rude undigested mass of receipts, without form or order. The plaintiff expended a considerable sum e money in bringing out the first edition: he bad added an index, bad the preface materially enlarged; end, above all, he had procured a number of plates to be engraved, illustrative of the art of carving. The first edition wits soon disposed of, and a second was prepared. The Loan efIANCELLOR observed, that in the pre face to the edition he held in his hand, the authoress said she had given the work to the public, and ex pected no emolument for it. Mr. HORNE said, what he bad to contend for was, that this work, having - Sees freely and voluntarily given to the public, through the medium of Mr. Murray, and lie having been at all the expense of bringi”g oat the various editions, had acquired an meitable right to republish the work at the expira tion of the first fourteen years. To shew that this lady never expected to be paid, be would only mention tbat, in the year 1808, travelling about like other Learned persons, she happened to be at Edinburgh— perhaps for the paryisse of collecting more receipts in the heart of cookery. Mr. Murray was in that city at the same time, and, availing himself of the oppor tunity, he, with those feelings of delicacy which were cot likely to intuence any publisher who was about to pay an author for his labours, enclosed her Ditik-ootes to the amount of 1501., trusting that she Witold think it as honorable in her to receive it as it afforded him pleasure to send It. In her an serer, the Lady expressed her surprise at the pre sent she had so unexpectedly received, observing, that she never had entertained the smallest idea of i receiving any pecuniary return for what had been on her part a free gift : she expressed further, hew re joiced she was that her little work should have been received by the public in a way so far beyond her ex pectations as to hare rendered the enclosed present a eatisfaction,fir the giver. Thus, it appeared, bee mo tive fee accepting the gift was not of a mercenary asp lure, hitt beeanse. bee vanity was tattered by the idea that it was a testimony of reepoct to. her Vine letter% ha were quite decisive of the LitsMAN: tor *sins there Kau some modal tiasou for not gulag. No such epeeist emus existed, still though tbsk Lad• ships were not tolanteeis on the occasion, sense of public duty impelled them to devote the whole of their thou to the sallow of the Court, however laborious to themselves. CLIAMIIRS Bustusss.--The COURT gave notice that' , during the acct term, one of the Judges would sit from two until four o'clock, at Chambers, to transact the usual Chamber business, instead of ute.ading there in the evening as formerly. Case; and the passage in the mikes pointed out by hie Lordship, clearly abewed that she had gine tharoeh 1 to the Plaintiff. She had no right to say that the Plaintiff should not continue to publish It because the first fourteen years bad expired ; as welliaight it have been said ;bat he c Id not have poblised a second'edi don because the ti ad been sold. What she con tended for now w at because she had giien her work to every one, she bad given it to no one. He submitted the injunction ought pot to have been granted. Mr. SURDWRLL as the same side, detailed the pro ceediage of this suit. spa in a cross cause, to restrain Mrs. Ronde% from publishing her receipt with the plaintiff's additions and embellishments. In that suit the Lord Chaacellor bad greeted as injunction against Mrs. Rundell, which injunction, the Viee-Chancellor, when the matter was before him, bad not disturbed, but be had granted an injunction against Mr. Murray. The LORD CIi•NDRI.LOR observed, that if both were to be restrained we should get no dinner at all. Mr. Suowsu. said, the Vice-Chancellor ba.sked whether Mr. Murree had not repaid all his expenses. It was due to the taunts of the lady in the iit of cookery, and t he embellishment of the work by Mr. Murray, to shat both had been so excellent, that the publication had met with its reward, and had es perieneed a most extraordinary sals during a coarse of several years, but there was no validity in that argu ment. It was no reason why a court of equity should not protect Mr. Murray in the enjoyment of a work which be had a right to consider as his exclusive pro perty, inasmuch as be had originally been induced to lay out a considerable sum of his own money upon the expiring assurance, that if his speculation succeeded, it was for his own benefit. The Learned Counsel pro ceeded to argue, that though there had been no legal assignment of the original copy-right, there was an equitable assignment equally binding. He oas in the .course of referring to cases upon the subject, when his Lordship desired that the further hearing be deferred till Monday. His Lordship rose at half past 12, for the purpose of receiving the Lord Mayor. COURT OF KENO'S BENCH, Nov. 3. MURNAJF V. BLLIf4TON. In this case which was struck out of the paper yester day, in consequence of the absence of the Cqunsel, the Plaintiff's Solicitor applied this morning to have the cause restored to the paper. on a suggestion that the Learned Counsel was out of town. The case involved the right of the Defendant to represent one of Lord Byron's tragedies on the boards of Drury-lauo Theatre. The Court said that the cause having been called on in its turn, and no person appearing in behalf of the Plaintiff, it bad been struck out of the paper. If the Plaintiff wished it to be restored, it must be the subject of a special application in term. SEVILLE S. 110BINSON. This was a case from the Sessions for the West Rid ing of Yorkshire, to take the opinion of the Court upon the construction of the 18 Oeo. 111. c. 19. s. 4., which respects allowances paid to constables, for busi ness done in their respective parishes. townships, Ike. The facts were shortly these :—On a Sunday, in the month of December, 1819, a person named White head, being in a state of intoxication, met a young woman on the road, in the township of Qnick. and on his attempting to take liberties with her, she made her escape from him, and took refuge in a Chapel where divine service was just beginning. lie followed her, and behaved in an unbecoming and rude manner. In consequence of which he was taken into custody by the respondent, Robinson, the constable of the town ship, who was then in the chapel, and next day was by bim and the chapel warden oaken before a Magistrate, and they were both bound over by recognizance to prosecute him at the next Wakefield Sessions, where he was tried, found guilty, and sentenced to six months imprisonment. The expense of this proceeding, which was paid by the constable, amounted to 181. It did not appear that the parish officers had'ever sanctioned the prosecution. When the constable presented an account of his expenses during the execution of his office, in pursuance of the 18th Geo. 111. they were all allowed, except this item of 181., which was negatived by a large majority of the inhabitants assembled to audit his accounts, on the ground that it was not a charge which by law a constable could make on the township. Upon application to the Magistrates, how ever, they made an order upon the Overseers to pay the money. The Overseers appealed, and the Sessions by a majority confirmed the order. The question now for the opinion of this Court was, whether this was a charge which a constable could make, as expenses incurred for and ou behalf of the parish in his office of constable. Mr. ALDERSON and Mr. BLACIRERNE for the Re spondent, contended that their client bad done no more than his duty in taking the offender into custody, hav ing been guilty of a breach of the peace in his own presence, and in the face of a large portion of the in habitants. The prosecution must be considevEd as carried on for and on account of the parish, and there fore the expense ought to be borne by them, the con stable being only a ministerial officer, to preeerve,peace and good order in the parish. Mr. LITTLIDSLE on the whet. side was stopped by The CouaT, who were clearly of opinion that this Was Dot a charge which the township was bound to pay. It was no par, of the constable's duty to prosecute the offender, and he had not received the sanction► of the inhabitants to institute proceedings. Ilia duty ended in taking the culprit before the Magistrate, to be dealt with according to law. and be might have ,piotested against being hound over to prosecute at his own ex pense. Looking at the words of the statute, it was clear that this was not a charge which the mutable was justified in making without the soncarreuce of the township. Order qdaslied. Several other cases were called on, but the gen tlemen of the bar engaged in them ■ot being in at tendance, The Coeur intimated that they shoUld expect the gentlemen to be ready ou Monday. or **cases should be struck oat of the paper. Mr. °AIMEE asked the Clout whether they meant to .ost kitomiay (llaappwder Treas..), which. if sot a holiday hy Act of Paillasses% bad Inca se asoddered said kept by immemovial prescriptiotwastittsage. The Comm mid abet the Ast d'aelimarepaittlee 'which they atm sat, was imperative upon floe" teAt 'ttatil the first day of term. if they had business to do. POLICE. Iffaxstost-troust.—Palter and Courts were asrain brought up on Satttrday, bat there being no fresh charge brought forward agalwat them, Court was set at liberty; but was immediately arrested by a She riff's officer, in &civil action for debt. Palmer was committed to Newgate, to take his trial on the com plaint previously preferred against him. After the prisoner had quitted the bar, a person entered the Jastice•room, and said he had a charge against Court. On inquiry, it was ascertained that the prisoner had been carried off to White-cross street, where, the Lord Mayor said, he might be found if necessary. Mr. Wiley, a wine-merchant, in Henrietta-street. Covent-garden, then came forward and said be had also a charge to prefer, but be believed it would pro perly come against Paluter.—Palmer was again put to the bar. Mr. (Miley, then stated, that. on the 23d of Septem ber, he received a letter, signed with the name of Pal mervdesiring him to send three dozen of his best brown stout to 25, Camomile-street, Bishopsgite street. Not knowing who this Mr. Palmer was, as be had never seen him, he directed his porter not to leave the stout unless paid for it. The man on reaching Camomile-street saw Court, who told hie, Mr. Palmer was not• at home, but that if he would leave the stout, Mr. Palmer would call and pay for it, or he might call again another day, and be. would receive the money. The man was deceived by the appearance of the house, and did accordingly leave the stout, contrary to his instructions. The money had never since been paid. A second order, signed in the same way, requiring three more dozen of stout to be sent to the same place, was subsequently received ; but in this case the porter had orders nut to take the bottles off the truck till he got the cash ; by this means the parties Wiwi is this new atteu.pt, and the roan carried the stout back. Mr. HAIIMIER, who attended for the prisoner, sub mitted, that this was a mere simple • contract debt, iu which credit had been imprudently given by the ser vant of the complainant. The Loon ilsroa admitted the force of the eh servation, and the complaint was consequently dis missed. lIA TTO -GA It D . May Mr. Oliver MAN, stock-broker, of Pinch-lane, Cornbillmeas brought op on a warrant by Linibrick an►l Thiaelton, the officers, charged by Mr. Francis Roy L'Estritage, surgeon, of Euston-square, with having sent him a challenge, 'eliciting him to fight a duel. 'l'l►e Mautsrasra ordered him to enter into reeog-, slixances, himself in 1001. and two sureties in 501. each, to keep the peace towards the complainant, which being done,.he was discharged. Thirty turn anal women from the ages of 13 to 21, were brought before the Magistrates by • poste of officers who bad apprehended them the preceding► night, being what Is termed search-night, in various sinks of infamy, mutely, Charlotte -buildings, Gray's Inn-lane, Charles-street, Drury-lane, and Cow-cross.— Many of the male prisoners were well known to the Police as notorious thieves and pickpockets, and most of the women are infamous prostitutes. The Magis trates expressed their determination to visit the utmost rigour of the law on all such characters that might be found lurking about the streets of the metropolis at unreasonable hours, and committed 23 men and six women to the [louse of Correction for three mouths each, and to be k.-pt on the prison diet during the time; two,,were ordered to find bail, and two dis charged. bilaaLsonocou-srozaT.--Saturday Jame" Hines, a man about 30 years of age, who has been convicted as a rogue and vagabond, was again brought up to this office by a gentleman belonging to the Mendicity Society, charged with being a common i►npostor. The prisoner was apprehended at the house of Lady Stam ford, whose family he had for some time annoyed. as well as the families of a great number of ',thous of rank, by sending letters and presenting petitions, signed with the names of a number of the Ability, without their authority, for the. purpose of inducing them to subscribe. The prisoner was remanded. Frederick Marriott was charged with uttering a number of false cheques, drawn on an eminent house in the City, payable at Messrs. Smith, Payne, aid Smith's. The prisoner was remanded. Urstox-itaw..—A young mail,, a w•termao, of name of l'homas charged with stealing a box containing property of the value of 1501., the pro perty of Mr: Digby Fowell, a respectable solicitor in the city, was examined at this Office. Mr. Fowell mated, that on Saturday, the 20th a l l October, he came from 'Marotta on board the steam -packet, and arrived toff the 'rower about six in the.evening. The moment the vessel was brought to her moorings, twenty or thirty watermen came to solicit passengers forthe shore. lie bad got his lug gage, consisting of the hot in question and some other articles, on the deck, and just went to the cabin-door ' to call a friend from below to accompany him, when on turning round, he mined the box, which con-1 tamed a gold watch and a large quantity of very Ira liable plate. Every inquiry respecting it at the mo ment was fruitless. Oo Moeda, he gave information' of the occurrence at ibis office, with a description of the property lost; and on Friday the prisoner was stopped by Mr. Roberta, a silversmith. in Tooter, street, offering for sale a silver tea-pot and a silver cruet-feause, which bad been bruised and beaten, destly to evade suspkion. Oa being askad where be had obtained the property., he said it belonge d to his mother. tie was taken into moistly; a Me, Fowell having were the articles is question, kmaam. l diamly recognised them to have been a pert of the. contents of his box. The prisoner was remaelled till Wining** A young man was examiaed on no lest tkaoilx. 'teen charges of breaking into different warehouses. N This lest charge was made byllieeers.bletdie, • • stiptesi,•df iffetemilisermiket. It appeared die t w e n mien** of mark on the 16th alt. • fease e pe wil w ar ehouse as mani..having left their clothes iau t aw ; of building. In the morning they were s Irmo ' to fled the crane lowered to the ground, toid as K. B ugging the interior, no lest than sinteeorfftkre wo working jackets woes fraud missinE;..-Feessebaa tier in which the robbery was effected. it less 66. i► nerni opinion that the thief, had•coactaied Mang, the premises before the workmen went .sw a y. 4 7 A failing in forcing the warehouse door; hid &wek to the streetby means of the trade. HO . Mw %haw heeded °tithe 23* after having robbed die 1 .6 . . bone of Mr. Drew of three suits of . elethei, ey which he had pat on over his own. and they two ideatified on his back. A person from whose house the prisoner had es s i l at clock, asked him to whom he had dispbaed Its The prisoner very laconically replied, " snort av ow 1 mown recollect mow. or 11 tall you; but u m 1 . sold it." A person of dashing exterior was charged beg in the Magistrate with uttering a number or N o cheques, drawn on an eminent house in the city,p 7 , able at Smith, Payne and Smith's. The first elm, was made by Mr. Hstebett, of the New White Cellar, Piccadilly.; aad it appeared the prima rs im been residing a few days at Hatchett's Hotel wish * lady, and had run up a bill for board, lodging rei sts, &c., and that he paid a cheque for the same, ott p ft . seating which for payment, it was discovered Moth prisoner had no Arian there, nod that the hems % which he had draws the cheqne was not indebted% the prisoner. The brother of the prisoner appes during his examination, and expressed great indigas. tion at his conduct, in bringing disgrace nponahistly respectable family. The prisoner kept a monk lived in a style beyond his income, and had low a number of cheques in payment. He was remolded A lady, dressed in very gay style, was chargrdirill sending threatening letters to the Honoarable Sawnl Alartin Gardener. for the purpose of retorting' tlo6ty from hien. The letters were produced during them and nation, and the contents were et 'the most inform description. She was remanded. W BATH CR.—lcot*ithstinding Sunday .last was tint and usild, a very heavy fog came on in the evening, sat continued for about two hours. The like warred is the morning and evening of the two sncceeding days, bat since that time the weather, with the exceptioa oft roughish wind last night, has been liner in rt. spect than is usual at %Isis season. The quantitTe r hata fallen this week has been9o, and during the whole of hat month 2,60. This is less than the average of an Otte. ber ; fur, though stated this day fortnight, that oats( 137 months, (from the beginning of the year 1782 till June 1793,) the Dec Mr. White of Selborne, olotroil only one month without rain, and that an Waft is the year 178.5, and thoutgh the weather in October is Rh nerally accounted steady and agreeable, (perhaps is comparison with the boisterous weather that usually at. tends the equinox, and the cold and gloom of NO,IIIM ber,) yet October, we find. on the authority ofMr.Whio, 'is nut remarkably dry. The average quantity of Ms that HI in that month during the shove-we Monet pe. rind was according to his register, 3,50. In whoa compare that quantity with what fell An the serieral odor months; of the aforesaid years, we base %Wit Om tom; hie to analyse his summary, and found the follestrisg results : January, 4.o9—Felsreary, 2,37—marea, 4,011 A pri1,....2,12—May,.......2,71—June,...1.0 8 2.441 _ OctOber.A3.o—No - vemi)er,.3.l3B--Die... • 11,17 Strand, Nev. 3. • This amount is an approximation. In Mr. nib's summery the result of December 1786 is omitted. hit omission is here supplied by taking the average ell* caliber in the other years ;hove mentioned. THERVOMETIM. I , II o'clock. at night. $ o'clock. SaMONltTilt. 2s, 5.... 29, NI.. 30,T.... 31, W. Nov.l, Tb 2, F..... 3, 2...... tw 46 as 43 as 441 4 4 ) 61 611 37 es as as SU,St Cie* ;29 Fair .10 Fair Y 9,96 Fair .96 Cloudy ,9$ Wet ,S 3 IWO MI Al DSTO:re SISSIONS.—At these Sessions • tat bill was found against three notorious characters,'' formed a part of the infamous Borongli-gang d tt surreetion men, for stealing a body out of the than+ yard of Seal, near Seven Oaks. But their reeeini• senors were forfeited for nen-appearance, and the Wei issued fresh warrants against them. James Atka MA James liaricer were sentenced to seven years wow portatiou, for stealing poultry, &c , in the neigltbaer• hood of Woolwich. Satuuel.Danber and IVilliamEk wards, the former for stealing, and the latter for re eeiving hay, were sentenced to transportation for gene yeas. John Wise, John Marshy, and Mary )here), three notorious utterer. of base coin, were order* , to be confined fur twelve months in Maidstone gaols , " to find sureties for their good behaviour. ATTEIIII4 • r SUICIDE.--On Sanfrday menial: lie tweet' 9 and 10 o'clock, an elderly man of Wee' appearance was observed to throw himself from OW etwtre.of the Vauxha.l Bridge into the The Al alarm was immediately given,. sad several Water . "' put off to his assistance, sad in a few mipole . ceeded in rescuing the unhappy groan from a " ser f grave. lie was taken to the White Lion pllb l4 " .e and put to hed, hat -quite insensible. No Ken, memorandums were found in his packet s to Wl:* the discovery of his name or address. A dear. lll l_ state of mirk is scpposed to have been the cause of gig rash act, as he was observed for some time about, apparently much dejected........ --- MARRIED. - • On the 46th ultimo. at the British 'Ambassador's 14002 Brussels. (lolone! Berington, to Mrs. Di4.4.ie50. 7 bride was clues away by her relation, the Earl alb" avit. - Loft Jersey war aim present. • Creek Saturday. at St. James's Church. the Rev. Markt _, Reeler of Bath, to Charlotte Mary. eldvs t daughter um; heiress of the late Charles Worthington, Esq. vi W. med Sisaaelswn-ereaesat; Bath 1—...... Yestseday, after a painful and protracted Moat JO liaises& Eaq. of Breed-street-h:11. aged 64. 02 the lath althea, at DON. Chartolle Sou "ri g ditoghter of the Archdeacon, and grand -daughter o f Wiltop of Clouted, aged tee years. Loottoo t NOW. Printed. 04 Pottitoood at "Illimesosouthi" sad 66 Till CONSIIIVION" (ow* Portr), notd No. NM. Bt,opposite Cierseus gly• It. WARMILL; llorvidtor at taw Wen Comoottioatiosts. Os..ors. aricieiseosol*loor dsesed. IP ~I A