The Statesman. — London, England, 1823-02-04 00:00:00

-, . • ' /..... 4 \ . . ..WN • :61 • I L 1 .4 . , . ' 073 i "Unita . Cb - st „Ilitik .., • • . ~ ~... 1 , __. aA ty:A LONDON, , tVESD FESRUARY 4, 1823. ; . 1 . . ' UMMIR 5396 PRIVATE ASYLUM. NEAR YORK. • 'AWLS sine V an Attendant at faj the Friends' Retreat. near York. ?peels., into hie imme , it the senses& village of 41 Thl HELMSLEY, sit smiles front that city, INSANE: PEit•iONS of both sexes. to whose proper care and comfort himself and his wife devote their whole assertlion. The Establislusent is contacted es the pion of kindness ',bleb has been so successfully employed at Two Re 'and an sounent Physician visits the patient reeptiarly. For terms, &c. apply to J. M. t or to Mr. JACILSOII. tea 'dreier and grocer, DO, Ommiston-street, Somers' Town, London, OMAS PAR Rs f fi PROVED 141..f. - 4 g - rin a t n il li n: r A t t u al r t i l r ftes o n r s, pies, Wheat. Coifs*. Pepper. Rice, ortlyA. Re. begs to re tire Ills best thanks to his Friends and the Peblie is gene *, for the patronage they have afforded kits. and at the ante time to Inform them he has RltelOVEn to more con voltam premises. 49, FICNCHURWI-STRIIICT; London, v b et s he solicits their fature favours. All Mills made by Me are warreated: PAWN end ell ether particulars may be had oe application ~Mills led Maud Flair Maed Ma, Machines es rabaslFlPlllios• • •'w •''ANOtL INN, • t4i7r. Ottoman's STRAND, All•dif‘llVlCl FOR TRAVELLING. •ND CON• 'WNW pa Icsui AND MIRCHANDIZIL TOEitaio WING MAILS and other COACHES . . _lgo from the abmvo INN ; Pailifidlitilall, As Dover, Tuesday aad Friday Nights, d.Totallast..... tip I s ii : 1111 • . rez liga i k ve t n h ing:s a t a G q °d uar a ter n p li a . st 7, n ts l a Packet Balls to Kill .Of to swingy pativenges and parcels; and a Mail ease& eats off to chialteater. through Drayton, Henan, Emsworlh. he. • Gloucester Mail, throigh Healy. Oxford, and Cheltenham. Envy £resing at a quarter past 7, and Sunday at half wit. .. • . . Dover and Canterbury Mail, through Graveoend. Chatham, ood Faversham, every -treeing at a quarter past 7, sod Siaday atlaill-past 6. Fro. Canterbury, passengers and pargaiscra noveyed to Deal, Margate,• Ralosgate, Sand ie**. he.; sad from Dover, parcels are conveyed to Folk s* floodgate, Hythe, Dirachurelt, Romney and I.ydd. Mall, throggis Carmarthen, Llandilo and Haver tioilognstvary PO Alt gi quarter past 7, and Sundays at katiliN ..„_l,._ . Rath vallildslolregrwoore. ever/ Afternoon at S. Both oashenstal Pen Zacis, to starry only roar loads, aro& Raiding. Marlborough. Cant god Chippsabant, every Wonting at l quarter peat 6. . ' Doti Light Poet Catch, tee ewe days' tilallit Pat . Inside, thraor i liddentoad. Reading, Marl sod Milk . Monday, Wednesday , and Friday ~at Wise. ' la Coach Is ehieffy latended for the aecommovia- Ina is ramilles. Invalids, he. who cannot undergo the *low of such a distesee in one Bay: ~, ..... -:. /LA • gitten Light Post Coach, throggia i 50.444,04. ovary Storting al S. *Wept Sooday, • • 1 s OA/daft artdatdidford TelenvillllKlbiliiioMoaph Sp n. ,Imotherbead, Madan tail RearlegwTheeday, Thurs day. esti Saturday Morals(' at 10. .• Glosorater New Pea Coach, Wiehealploa, dirdimb Wynesall, to .01,Ork Clbstaselsaie, Weentoed, Carsaanliasi, Tholoy, Ross, Runoccoh its, ove r . it I. sa . iktiefli , .., aepfty Mimeos FM . • - • Artesia'. end Pettier* Cosa. Tuesday, Wrd in ,uritiataritity.M•reioss. a quarter before 7. . ata, Umangate, Deal, Seadwick, sod Broadatairs Condon, every Morning and Evening. Light Post Coach, through Henley, he. every 9. th New and Elegant Light Post Coach, the Re ,‘ I h Slimy • isoiy Four 'aside, : through Kingston, rosadollold, and Porta.s ovary Morning at IL Pat r i lertheve lu rlblor:l b n u rgh g at aC.qa ches, aad arter before to all Iloodiester, Lancaster, Kendal, Rochdale, Ihideralleld, Sri, isiie, Ilielifet, Rotherham, Sbelleid and Nor 11111 Osoldwa. daily , Walliegford and . Wantage Coach. through Malistaheed. &Melted, and Harwell, Tuesday, Thursday, and Saturday Koruings. at S. ' Godaladag mad Guildford Telegraph Coach, through Klogstoo, Dittoq, Cobham, and Ripley, me Moseley, Wed nesday, sod Friday. Mornings at 10 ; Sundays at 7, and re turns to Load's the same day. • • _Beaton, }forecastle, Spalding, Peterborough, Stilton tad Bandagdon day coach, to Spileby, Loath, Grimsby alit Nall. ntoradog at 6 past 6. The only day coach to Boston tad Hornantle.- . . Doverand Canterbury Light Post Coach. every Evening et half-past 0. Ditto, every Morning at half-past 6. Salisbury Pall Conh.io carry only Four inside, through Staines, Basingstoke, Whit4hurch, Andover, he. every Morning AT. i • Chiehestar,Kogoor, and Petworth Post Coach, Mondry, Wetlands'', sod Fcidiy Mornings. at a quarter before 7. , CA.RDIEDS—To Twiekenhaoa.Breatford, and Isteworth, dvery MOtidhy, Wednesday, Friday, and Saturday. EAMES and Co. Proprietors. • Passelnaisdliadtagos are tardy sad expeditiously eon veyed from this INN to every City, Town, Village, and Country Seat in the following Counties, tic : Berk. Hereford, Surrey, . Ducks: • . • . Gloucester, Sussex, Cornwall, Kent, Wilts, Dime, --• • • Oxford, Worcester. • Donee; Mean. • Somerset, South Wales. hil.Parn,isf Itholalettf Wight, Jersey. Guernsey, and all Pitt. CI France, and to all parts of the North. Nest Reit-Chains, he. at ***West notice. , •.•TalcoNOine, that so Package. ottleainiag glass, china, matches; pinta, cash, or bank-notelt.however small the value. will be accounted for, if lost or damaged ; nor any other pared Or passenger% luggage. of ante than N. value, unless spaeldpdAs,sools wham delivered at the Glee, and paid for Mt SON'S BOTANIC TOOTill POWDER AND TINCTURE. TIIBSII Articles, which have heen so highly pains. tithed, which hate so much attracted the attention of the learned, and excited the jealousy of interested oppo 'louts. still continue to be imitated in various ways; some Ilii sso Hadsee'S Tooth Powder, and orbit the word Botanic, rs say Botanic Tooth Powder, and omit the name of 5; the public is therefore desired to observe, that the outline Is Signed " IrLID4O3I & Co." and countersigned by their wholesale Agent. Jas. Atkinson. These Dentrifices, if attended to, will supersede the ne cessity of a Dentist, they are remedies for nit disorders of the month ; they not mere], cleanse and beautify the teeth, bit preserve them kom decay to the latest period of life, they mks the teeth white. fasten each as areloose, prevents those degayed growing worse, rersoveg the tartar, and cures thesearvy is the gums, leaving them firm sod of a healthy relana. and so cattalo and Undeviating are their effects, that there Deter was an instance of any one. who regularly seed them, ever basins ths tooth ache or s tooth decay; they Pisa' the 11111se properties. and may Denied SlOns or tog.- Owl bit the Tim. acts more speedily In fastening loose tooth. aid ills as listallible remedy (or the tooth ache, price its:ll, eseb,tiad as allowance on taking half a dozen. , ilaid by lb proprietor's Agent. 44. Gerrard-street, 50h0.,11 .,1 1 i4a4oa ; ales. by Sanger. IN. Oxford-street ; Gat ..1421,..35. New Bon4-street ; Taite, 41, Johnston, th Gat w__ I NA and by most patent medicine venders aper em '.`"z is._ tam. *AMKPh;Pf.* -4‘l. nANBARD'S PARLIAMBNTAfiIf pal Tgs• • THE SUBSCRIBERS to thla Work aro romtPet folly Informed, That the SEVENTY! VOLUME of the New Merles, will be ready for delivery on the 10th Instant, London published by Baldwin, Cradock, and Joy , and the other proprietors. BLACKWOOD'S li4 it47 oue. OWING to contrary witiels. The rtnt4l. board n 1 which the new Number Wes chipped. on the 20th 01 last month. ie not yet travel], but It is hourly expected. Stroud. Feb. I, IBM . . ryß • piR COL' NTH Y ligt,/AlgPLltilLcior• IMITCHRLL's HISTORICAL CYPLOOMCIVIki Idg boon peblished and delivered la the London iVlietea Trade on Friday last. Jen. 31. it is considered propel? apprise the Bookselling Trade throughout the United. bagdom of this Act, 'in order that misapprehensions ma] gMerded against. ening to ll* Psblicaturn havicit beet bly deferred from the Slat of December lb tbsillee /*Living see the alherseteristics oft fl wt~ , it In byitielf septuplets library et WIC Of lvedisrelsela es'hlstory. shronology, lad historical bwmpavy. • L There Is no Dictionary of the samointereeting subjects 10-tho language. 3. It Is one of Ike most beautiful specimens of modern ty= leraphy, and equally tasteful in all its embellishments of lops and Portraits. 4. It mutains nearly as such letter press u an octavo 'ohm. at Os. b. The next Volume will commis. Chemistry, Mineralogy, and neology, and be equally complete and elegant. 8. Tee other Felease wilt contain other separate branches of knowledge, the 12 forming together a. circle of them Sciences, either volume of which will be as complete by it-1 serfas though it formed no part of any series. 7. Such Cyclopedia will obviously be the most lumi nous, complete, and convenient ever published in oar lan guage. S. The price of every volume is only 10s. 61. boards, or 12s. 6d. elegantly bound, calf gilt, and as the latter will be kept uniform. its preference is recomnireded-. 0. The whole is stereotyped, sod the plates being on steel, the last of 30,000 impressions will be as perfect as the first. N.B. The volume of Scripture Narratives, with 120 en gravings ; the long espeeted work of Public Characters of all Notion% in 3 vols. wills 136 portrait*, etched nn copper, will be in course of delivery withie the present weak ; aid Dr. Robinson's Abridgment of Hume and Einsollett, with bib Cootioaation, and 100 engravings, will be ready at the ead of February. Bridge-street. Feb. 3, ib23. riIIOWERS'S TONIC PILLS, for Weakens of the Stomach, ladigestioe, Costiveness. Bilious Irregnlail , ties, rte. are earnestly remarmended in all those cases, (and they are very numerous) 'Sere, the stomach being already weak, and the digestive powers deranged, activepurgetives are highly prejudicial, and productive of seriogs injery ti the constitution. These Pills, is their operation, ere pecu liarly mild, safe, and 'teethe!. As a gentle aperient Tonle, they cleanse, and yet strengthen the stomach. restore the appetite, promote digestion, and keep the bowels la a rap ier and comfortable state, free from costiveness, but by SO 111e11111 too velared. The Tonic Pills arc sold (at 95.9.1„; 4s, 6d.; 11s. ; and 4tts, per boa), by venders of genuine medicines throughout Enaland. Seollaod. and Ireland. 4, 0 Observe The airtatare of •• Joss Towtas" ott the Is telaikail kis !Pp.' Iltar vs* saw atllMa 1011: • —^ • nominees pagina nostra sae. Oar pone relates to osan.—Mmtwiss.. Jut published, price As, in boards (Fi ft eenth Edition), THE IEGIS of LIFE; a Non Medical Commen tary on the indiscretions arising from Human Frailty, in which the Causes, Symptoms, and baneful Effects of Lure Venoms, Gonorrhea, Stricture, Seminal Weakness, dte. are rally developed; Part 11. contains some remarks on cer tain Female Complaints, in particular Sterility ; Part 111. embraces Practical Observations on Sexual Debility, Self Mien, sad Mental irritation, with some interesting observa tions on vegetable and animal life; in Part IV. is a Series of Cases illustrative of the preceding subjects, explaining them is a &miller manner, and the whole addressed to the Youth and Maturity of both Sexes. By DOSS and Co. Consulting Surgeons, Landes. Nature beads Omnibus ease dedit, si qui§ eegnoverit ati.—Ctau DIAN. .iaee Heaves to all Use fund of bliss supplies, Its frugal application marks the seise. May be had at 20, Paternoster-row ; CS, Pall-Mali ; Piccadilly; HI, Princes-street, Soho; 39, Fleet-street; 174, Fleet-street ; 44/, West Smithfield ; 98, Cheapside. Lon don; Stevenson and Co., barks and Co., Norwich; R -7eak. Ipswich; Barratt and Dneeld, Bath ; Sheppard, Bris tol; Hatt, Cambridge; Headley, Leeds; and at all Book sellers.—Messrs. BOSS and Co. are to be consulted, as usual, every day, at their house ; and Patients in the Country are requested to describe minutely the case, enclosing • re mittance for Advice and Medicine, which can he forwarded so any part of the World.—OOSS and Co. M. R. C. Sur geons, No. 7, Jermyn-street, St. James's ; and I I, Bouverie - street, Fleet-street, London. VICE CHANCELLOR'S COURT, Fu. 3. : I TOE COURIER REWSPATIR. This day the Vtca-CuAxccyion pronounced judg ment in this cause. There weti, he said, two ques tions. First, was the plaintiff, William Stewart, en titled to call for a declaration of the Court on the right of pre-emption which he claimed under the deeds of assignment made to him by the defendants, Daniel Stuart and Street ? The second question was, what, if the plaintiff were entitled to call un the Court for a declaration on that point, the justice of the.ease re• qnired that declaration should be? 01 the G.-at question it appeared, that in April and• Nay. 1819, the plaintiff purchased from the defendants,Stuart and Street, two shares from each, of the Courier news paper, out of twelve shares each, Into which they had previously divided that paper; that be was, by the terms of his purchase, to be retrospectively entitled to the profits arising on the shares he had purchased from the month of October preceding : and that on the last day of the month of July following, a receipt was tendered to him by the defendants to be sizned by him for his share of the profits then dne, which in effect called on him to renoul.ce the right of pre-rtup lion, which by his bill he sought so estahlish. That l'eceipt be refused to sign, and on the litli of Angus', % five days after, Mr. P son, the plaintiffs solicitor, 'rote to the defendants, that unless a COll , lll m receipt Were taken for the money coming to the plaintiff as rofit on his shares, he would file a bill in equity to lstillilib'his rights, and to compel payment. To this ems. Mr. Clarkson, the defendants' soli,: tor, replied y letter e• the 10th of August, refusing on the part If the defendants, to pay the plaintiff his share of profits-on a common receipt. There could be no ques tion that the plaintiff was by that refusal pliced in a eitintion entitling him to call on the Court to a/Plift dirof es. di )kffold r ~esblto • ditelaratios on has claim of pre-empion. It gust grit be considered what took place between the parties after deprivation of that right. On the *34 of August, the plaintiff filed the preilent bill .Al 4 on the Vitli of Angost, the defendants' for, probably not knowing that the bill was filed. emote to the plaiistifFs solicitor, stating, that the defendants' were willing to pay the plaintiff Mi l thiire of profit*, and take a common receipt. To{ letter the plaintiff's solicitor replied that his t bad filed Lis bill, but that he would acquaint iti.th the defendants' offer, and on the 31st of .he wrote again to the defendants' solicitor, that the plaintiff considered the defendants' offer fro pay the money on a common receipt an ad that they were not justified in demandiug any Ober, and that they should therefore pay the costs; la Witich.letter no answer was rammed. Tae delta -Isll.i.n dirk answer, say that they were MO/ Mi l e goat' Ms share of costs, end tithe front' him a sacalaan receipt; bdt the defendant Street says, Sheila* would bare verbally insisted that the plain :tiff. was not entitled to the right of pre-emption which be claimed. On the second question in the mem what declaration the Court should make on the right of pre-emption which the plaintiff claimed ? it ar peered that, prior to the year 1808, the defendants, Mulct Smart and Street, had been proprietors of the Costlier Newspaper, an Evening Paper of great iircolation, sod producing considerable profits —~ Illithat year for the first time they eaters into articles • pertnembip, which was principally dune for the puts pile of enabling them to dispose of the whole or a part rat the shore which each possessed in the property of tbe Piper. nod to prescribe the conditions an which they or others o bormight become joint proprietors. should trans. ler their shares. Fur that purpose they divided the Pe. per into 24 shares. Stuart's shares being numbered from 1 to 1.1, and Street's shares being numbered from 13 to 114. The reason of this numbering of the shares was, that it was agreed between the parties, that before any proprietor of a share should sell 4 than: to a person who was not a proprietor, he was hound to oder it to every ether proprietor; and as provision was made for twenty leer proprietors, it moon of course be offered to souse be. others, sod the numbers of the shares were to deter., *Wedge order ofpriority. From the date of that *ere*. I omit oo mach sane of a share was made previous to the gale to the plaintiff in 1919 (fur the circumstances in which lie. Hartford might become entitled to shares, were not necessary to be taken into consideration in the present cause.) On.the sth of March, 1819, the plaintiff .purchased twee shares from the defendant Daniel Stuart, podia the following month he purchased two shares frogs the defendant Street, which might be considered in the douse as one transaction, and it might be presumed, that when any person became the legal holder of . any Owe, he would necessarily take all the rights and into. lists the partnership articles conferred, and became sub. ttAS the emsrlitiont it imposed ; and that he would ilisemseace become entitled to the right of pre-emp- Sept. Mole! Stuart aed Street being sole proprietors to nate otw tettos—.44l he charterer 4 4041 14 1 t iffilterlF—to deprive new proprietors of the right of pre-emption, and to impose new conditions. It was, therefore, a material consideration whether any alters. lion of the terms of the partnership deed of 1808 was to be found in the deed of partnership and assignment entered into with the plaintiff in leo, and whether it was the intention of the parties to deprive the plaintiff of the right of pre caption. The deed by which the first share from Daniel Stuart was assigned to the plaintiff (and all the shares wereassigoed in the stone terms) stated that Dan. Stuart, of Wykhans Park, Oxfordshire, Eaq. its consider. anion of 1,9991. paid by Wm. Stewart, Esq. sold, bar gained, assigned, and made over, fully, clearly, abso lutely, and for ever, all his right, title, and interest in one twenty fourth part of the Courier Newspaper. &c. If the deed stopped there, Wm. Stewart would be clearly entitled to every thing that Daniel Stuart possessed under the deed of 1868. Any qualification of that right must he found in the words that followed, which were "sub ject to the conditions hereinafter mentioned." These words it had been argued meant not merely that Win. Stewart was booed by the conditions afterwards enumer ated in the deed • but also that he did not become enti tled to any bene fits under the deed, but those that were specifically mentioned in it; that was a principle of eon structiem which the Court could by no means admit ; the deed of assignment gave William Stewart all the rights and benefits belonging to the share it assigned, as fully as they were enjoyed by Daniel Stuart; they could only be limited by express terms in the deed, and there were no such words to be found. There was not a single word in the deed which pointed at any inteniion on the part of any of the parties, that William Stewart should be r xeluded from the right of property that was included in she mi• gieal deed. The deed of 180 was a code of rights and laws agreed to by Daniel Stuart and Street, for their mutual benefit in the government and disposal of their joint property : and every subsequent proprietor was to hound by all the obligations of that code, anti to enjoy all its rights and privileges, unless in the instrument creating him a proprietor, legal qualifications were in troduced. D.Btuart and Street bad the power to limit those rights and privileges, but if their deed of a ss i g n. meat to WilliadfStewart contained no such limits, then he mast be entitled to the whole. There were no such limits found in the deed, therefore %Valiant Stewart was entitled to the right of pre-emption. In considering the true construction of the deed, the Court was bound to reject all parole evidence; the intention of the parties must be learned from the deed itself; but on the goes. tioa of costs, the ensue principle did not apply. The Court was bound to take into consideration the answer of the d. fendant, He was satisfied that at the time of the sale to the plaintiff they had not the right of pre emption in contemplation; and it was by no means cer tain that the plaintiff had, but it was certain lie did not mention it, nor in any way bring it under the consider ation of theilefendants. The original bill makes also a claim of deduction in the original price paid by the plaintiff for his allures, which ruins he hail failed to establish. The decree should therefore be in ide with. out C 0416. The cross bill prayerl that the sale to the plaintiff might be rescinded: for that prayer there ap peared to be no reasonable grounds ; that bill therefore must be dismissed with costs: COUIiT OF KING'S BEIVCII.-11 - caTamtssito, F lin 3. Mr. SMIRKS moved fora rule to show cause why an attornry of the Court, whose name for the present he would forbear to %ennuis, should not he strnek off the ro ils, for acting as agent to an unqualified person in the country; anal why that person, wbese oame also he rrog t,s conceal, should nut he committed for his °lrene.. ; and w hy a cugnocit, given to that person, should not be de. ~, SEVItIII PINCH. livered pp,in the defendant against whom the proceed ings weist4idten.• The petty who , acted as pristipal was not an attorney, but only a conveyancer; aid he and his • agent in town had bath been concerned in the conduct of a suit, which they had settled by taking payment of the debt, and a eognovit for the Costs: The Court granted a rule to show cause, VIC XING V. WILLIAX Fox. The SOLICITOR'tiIINSRAL moved for the judgment of the Court on this defendant. When sidled, he did not appear q and on an affidavit that lie had been duly served with notice, his recogni lances were entreated. THE KING V. .1011 V IRVINE. This was an information against the defendant for a fraud, in pretending to a person named Ashburn, that he could , ,rocure bins a place in the Exoise. The de• fendant having suffered judgment to go by default, he was now brought up on tbe. motion of . the Solicitor fiend to reeeivesen4nee. The testicular' of this case have already been before the public. Frees theafiLlavlts put in on tile part ef the meal , ,tiaajt eiepeereJ, that the prosrtwaer being desires' of — obtaining an accession to his income, having failed ia_ business, bad caused an advertisement to be inserted in The Times newspaper, offering a dower to any person who could procure him a permanent mercantile situa tion. The defendant answered this advertisement, called upon him, and told him he would take him to a person named Goodall, who could influence a gentleman in the Treasury, to get him a situation in the Excise. An in. terview accordingly took place between the prosecutor and Mr. Goodall, who told bim that be must advance the sum of 661. for the situation The prosecutor said lie was not possessed of so much money, but be was pre vailed upon to advance 351. receiving as a security for it, the joint promissory note of the defendant and Goodall, payable in five weeks. When at maturity, the note was not taken up, and on further inquiry he found that the . whole transaction was a bubble, and that Mr. Goodall was enable to procure him the situation. In ccnse qnenee of threatening to arrest the defendant, he pro cored from the latter an assignment of some household furniture, which amounted in value to about ten pounds. The defendant's affidavit represented that he himself had been deluded by Goodall, whom he believed to he possessed of Influence sufficient to procure hint the situ ation. That be bad not participated in the fruits of the fraud; that he had done every thing in his power to in demnify the prosecutor by selling the bed from nyder him t that he bad a wife and t hree children in a destitute situation, and that be was sincerely contrite for theillegal act into which he had been betrayed. Mr. J. L. Adolphus addressed the Court in mitiga tion of punishment, and with considerable effect urged the topics of compassion suggested in the affidavit. The Court under alllbe circumstances of the case, ' sentenced the defendant to 6 months' imprisonment !ta the Middlesex House of Correction. TUE KING V. JOHN FROtiT. This defensiautbadbeenCOOvieted at the last Mon• month Assires, of pahlisbiag several libels upon an Attorney of Monmouth Duped Protheroe, and wal now bracttbt up for judgment. The case wai only part heard, and was ordered *6 stand over ti ttll ntst week. TUE SING V. EAVES. This rase was also pestpaseitill Monday sett. THE KING V. 10flEll AND OTNEES—THE KING ♦. oib• FIELD AND ()THUS. These rases, which are indictments for keeping com mon gaming houses, on as Melt the defendants were coo . vieted at the last silting' for Middlesex, were mentioned to the Court by Mr. C. Phillips, and appointed for 'nee day (•his day) week. At one oarlock the Court rase, and the Lord Chief Justice held sitting at Nisi Prins. Ct.KMENTL V. WA Lzsa. This was an action on the case for infringing the copyright of the air " Vice Henri Qatatre," with ,s;,e. tion-, comp 'led by Kalkbrenner, and by Unsold to the plaintiffs, who are eminent dealers in musical strnuients and pablicatidos. It appeared from the evidence of Mr. Kalkhri saner himself, that in June or July, 1814, just at the tittle when the Allied Sovereigni visited London, be sold - is the plaintiff the copyright of the work in question, with that of one or two other airs, for 301., which ' e received. On his rewrn to Paris, he sold the copyright of the seine work there, excepting England and Ger many, to M. Pleyel ; and it was duly registered as Lia • property according to tit.: law of France. The air con tinued on sale by Messrs Clementi, but no assignment in writing (which under the statute of Ann is essential to pass copyright) was made to them till the 24th, - of January, 122. In the mean time, the work was Old openly in Paris, anal Mr. Walker being there with son, in 1817, purchased a copy and republished it af:lfia t shop in Solimsqoare, where it has been sold since the regular assignment to the plaintiff, at half the pripe which lie demanded of his customers. The SOLICITOR-OssisaaL, for the defendani, - arkda that he had a right to import and to publish the air; notwitlivanding any contract made for the sal:; ; F t. • copyright by its author England. The' p of ) Moore and Lord Byron were sold freely on the Cottstai nent at very reduced prices ; it was always noileratond • that a work published in one country Might freely he' sold in all others; and an author could not falls away, by any private contract - which he might 'make with an individual, this right of importation, which he to all. The LORD CIIIF.V Jusrlce . gave no opinion on the point of law, bat suggested that, as it was of importance . to musical professors, it should be brought before toe Court for more solemn decision. • • verdict was accordingly taken for the plaintiff —Ds niages 24.. subject to the opinion of the Court on a special case. DArtanN r. JONES. This was an action of• debt against the Marshal of ' the. King's Bench prison; to recover 41.. for wtih h a percun nettled Witham was detained io his .custody in execution, at the suit of the plaintiff.. It w proved that Mr. Witham was halging at Clap ham, when allowed the Rules of the King's Bend► ., Prison. t Mr. Guartcv, for the Marshal,offered no defence, aaI•I °tat the Marshal tea+ quite knorartt of the taken by his prisoner, who Wils now salely.cstutirte.4. within the wails. The Jury found a verdict for the amount of the delft, and one shilling damages. , VEND OF COALS FROM THE RIVER WEAR, is rat lissa Ve22:— J. G. La robton. Esq. I MOW Oraldrobb. • 1 . 711arq , :ess'or Londonderry ..1.... 11.4.55 • Neshanut Co. now J. I.l.Lambton, Esq. $4.696 • • - Lord Ra% ensworth and Partners 30.3.23 , W. M. Lamb. Esq. and Co Win. Saibkrt.jda• Visci••• ... 20,117 . M. I.nal'ls , in:Esq Wm. Itiiielf, Esq. sad Co. 17,9*2 . . Me. JAhn fintoble.. , Thellarr. Arch. Cochrane and Co 4.313 ••••••• 36.1.147 t I ‘ : i . s V ii • :11 J I I -1 I f"