The Statesman. — London, England, 1812-11-21 00:00:00

w ' h '' 4 • f• ~ . . i 4, )• i i! , t 1 ; 1 t 1 r " . 1 , 1 . . . . ) • 1 :,.. ./ P .' ) : 1 4 , / ot i ) t • „ 1 - , il -' i ' „ 1 66 • st• • t-. . J. .L4W s iti . TEL LIG ENCg • 7r. -;-, T ' O F .61710 tr- Nei. to, STUAIT V. TIIZ iAII4VIS OF EUTE. This was a n e ms / Alba To a Report of the Master in this cause. JObsi Zirrl *Of flute had bequeathed TI!I annuity of 6001. to his second-son, Sir Charles Stuart, with remainder to the present Vlaiutiffs, the wife and son of Sir Charles. The annuity was charged upon certain collieries in the counties of Nor thlimberland and Durham, the proi!eeds of which were to be managed by Sir William Conyugham, trustee to the will, as were also those of a subsi diary fond of 15,0001. out of which any deficiency was to be paid which the proceeds of the collieries might leave, when applied to the payment ,of the nnnitity. On a former occasion, Sir William CO nviigham had stated, that no paytnentlutd been made since the year 1802, and the reason assigned was, teary expences bad been incurred in improving the t ollieries, on which Mr. Stuart and. his mother had claimed, that recourse should be had to the fund of 16,0001. in their favour. The Defendant had ex c,,pteil to the Report, with a view to atnitt infor mation with respect to the expenditure of the pro duce of the estate, conceiving that the Plaintiffs would not have so easily acquiesced in the allega tion with respect to the (wineries, had they not had the subsidiary fund to apply to ; and the ques tion now to be decided was, whether Ite had any right to be put in possession of the information he required. The LORD CHANCELLOR recommended an amica ble arrangement of the business, which was acqui esced in by the Counsel for the parties. COURT OF KING'S BENCH, WESTMINSTER" No v.(20. THE UNIVERSITIES ENTITLED TO COPIES OF ALL BOOKS PRINTED. VIZ SING AND THE likirptstrir or CAMBRIDGE i. BANAL • This was an action brought age,inst the Defendant by the University of Cambridge, for having publish ed a book (Fox's Ilistory, we believe) without send -I:tg a copy for the aforetientioded University, nt;ree ably to the provisions of the Bth Anne.. The Plain tiffs obtained a verdict for 61. ss. that is, 61. peualty, and 11. 63. the value of the book. The action was, in fact; brought to try the right of the several Universitlei and Public Libraries (11 ie number), to a copy of every book that comes from the press, whether entered 'at Stationers' Hall or net, for the publication in question had not been en tered at Stationers' Hall; and ott that ground the Defendant contended, that he had no right to give a copy, as by the non-entrance of the work, he di:l not take the benefits of the several Acts for the protection of literary property. The verdict, how ever, was entered for the Plaintiffs, but the Judge who presided at the trial, suffered this point to be reserved for argument before the Court, and it was this day argned. Mr. LITTLEDALE appeared for the Plaintiffs, and argued in support of the verdict. He commenced his ar4cment, by alluding to the Act of the 13th Charles 11. (the first Statute passed on the subject of literary property), which provided, that a copy of every book that might he puleished, without saying every book " entered at Stationers' Hall," should be forwarded to the Warehouse-keeper of the Stationers' Company, previous to publication, for the King's Library, and for the two Universities (those of Oxford and Cambridge). The next Act that passed on the subject, was the Statute of the' Bth Acme, which secured to the authors or proprie tors of new works, for a riven period, the sole and exclusive right of publishing them—a right which was not before secured to them. By that Act it was provided, that all books entered at Stationers' Hall should adduce that proof, to show their claim, to exclusive publication, and to the protection of the Statute; and it went on to enact, that nine copies of every book, 'on the best paper, should be sent before publication to the warehouse-keeperl of the Company of Stationers, for the use of the Royal Library, the two Universities in England, the four Universities in Scotland, the Library of ' Sion College, and the Library belonging to the Collegs. of Advocates, in Edinburgh, to be deli- „ oared .to them on requisition. On this Act, the University founded Its right, urged in the pre- , 1-ett instance, for it evidently was intended to /TZ.mote the cause of learning, that books should be thus forwarded to the public Libraries for the use of the students. Mr. L. argued from hence, t!e as the right of the Universities to a copy of each new book was not before shackled, it never could ! have been the intention of the Legislature, by this Aet, so to shackle them, while it at the same time gave to authors and printers immunities and privi lertei which they before did not enjoy. The 15th Gaa. 111. was the next Act Teticwl upon, which made fitnivr - provisions respecting literary property, asl theeformer . A.cts had in some way been '' eluded."— It itiodad.to hooks " published as aforesaid," which allusion did trot .nrean such books as might be en tered at Stettoners' Hall, bat referred to those who might possess the exclusive right of publication, either from authorship or proprietorship. The next Act adduced in support of the general argument was, tlite4lst of the present King, passed after the Union with - Ireland; and the object• of it was, to extend the privileges eejoyeti 'lsy the • English Universiti. , s, Siott College, &c. to Tritiity College and ° King's Inas; Dublin. Thus thereetiere to be eleven evicts of each new book to be fordarded to the Stationers' Company for the eleven public libraries, on pain of farfeiting the. value the*of, and also 51.' for each omission. .This Act, of the 41st of the King referred to 'the 'former Acts on "the samo subject; andlts Preamble set.' 'forth, tilt the Statute related to "books enterer! at StatlobeieHall." Now as such former Acts did 'tot Lei/154%A, , provisions to books " entered' et 'Slatiotter?' Ran," the erroneas Pre- amble to the 41st ' of the King catal:lly. could not I :maul the clauses of fortner Statutess. The miscen-] rept:lok of any previous Act ip isle 'Preamble of a i subsequent Statute, could not do away. thebenefitsj resetting froM such former Acts, ter to dOehat weult be to fac t . to render them nidfaitli void. ' Those for mer Statutes distinctly tweeted that copies of all books should be sent to the 'several public libraries . ' tbeeein specified; and the 411 t of the King . was, mutely * foe thi - purpiroe, aftafthe Ihiiou j .- 'prima offik:i i• ipt Ae• r ~1,, EIS\ 21L:z..-.—Lesein 1 _e_LAerial E STATESMAN. . - - - • the similar privileges to the two public libraries in Dublin. Such former Statutes required copies of all books. that might be printed to he forwarded for the Universities, &c. previously to publication, for some " books might be entered at Stationers' Hall without .being published, and, vice versa, books might be , published without haring been entered at Stationers' . hall. Sucha misconception in the Preamble of the ''4lst of 'the King could not operate so as to do away :.the benefits resulting from former Statutes, and there 'fore he humbly maintained, that the verdict in this case ought to be coofirmed. Mr. littou . citxm argued contra. He contended, that the property of authors could be defended by common law, as had been proved in 64 Beckford v. „Hood,!' a case respecting literary property which had not been entered at Stationers' Hall ; and those particular Statutes on which Mr. Littledale relied, with the exception of the 41st of the King, gave to authors the protection of Statute-law, the benefit " resulting from entering books at Stationers' hall.-- ' But if authors, or the proprietors of works, did not choose to put themselves under the protection of Ste " tute law, by entering their books at Stationer? Hall —if they were content to stand on the Common Law, by not making the entries required by former Statutes, then ought they not to be called upon to abide by the provisions of those Statutes. 'That seemed to be the spirit of those Acts, as appeared ' from the last Act passed on the subject of literary property, namely, the. 41st of the King, which in the Preamble specifically stated the Act to regard ! only those books " entered at. Stationer? Hall. '— If authors did not shield their property by those Acts, surely they were not bound to do what they required from those who had the benefit of their protection. The Act of Charles was distinct from that of Anne, therefore, would he not touch on it. —He began with the Bth Anne, and the 15th .Geo. HI. and argued, that they were in some de gree obscure on the point now at issue, and that the Legislature had acknowledged such obscurity in the 41st of the King. That obscurity was not only recognised, but' actually done away in the very Preamble of the Act last alluded to, it professing to refer to hooks "entered at Stationer? Hall." The meaning of all the Acts on this point was set forth in plain terms; and he therefore submitted, that as it left no doubt, the verdict ought not to stand. Mr. LITTLEHALE having replied, the judgment of the Court was delivered. Lord Er.r.tensottonatt held, that the Bth Anne, on the subject at issue, was not susceptible of a doubt ; its meaning was plain and obvious; and clearly required the delivery of a certain numler of . copies to the Warehouse-keeper of the Statkmers' Company for the King's library, the English and Scotch • Universities, ate. That Act (of iknite) seemed to have two distinct objects in vier.v,,fi'rst, the protection of literary properly ; secondly, the advancement in literature kr' providing the public libraries with copies of all new bookafor the use of the students, &c. Thus literary works would be accessible to the students at a more easy rate than might otherwise have been the case; and at all everts, for the advancement of literature, to secure a depo sit of all books.in those libraries. The subsequent Acts were intended to promote, secure, and extend those benefits; and the Act of the 41st of the King, notwithstanding the misconception of its Preamble, merely extended the benefits enjoyed by the Eng lish and Scotch Universities, to those of Ireland.— But that misconception, or rather the erroneous de scription given of former Acts in the Preamble of the 41st of the present reign, could not overcome and do away the strong and potent meaning of the Bth Anne, cb. 14. He therefore was of opinion that the Plaintiffs .was clearly entitled to have their verdict confirmed. Mr. Justice Le Blanc and Mr. Justice Bailey, coincided in the judgment of the Lord Chief Justice ; but Mr. Justice Grose was absent on account of ill ness, we believe. '!'he verdict of the Plaintiffs was accordingly con. firmed; and it is thus decided, that eleven copies, on the best paper, of every book that shall be printed, previously to publicatkon, must be forwarded to the Warehouse-keeper of the Stationers' Company, whether entered at Stationers' Hall or not, to be delivered, on requisition, to the eleven public braries; specified in the 41st of the present King, namely, " the Royal Library, the Libraries of the two Universities in England, the four Universities iu Scotland, the Library of Sion College, the Li brary belonging to the College of Advocates in Edin burgh, the Library of Trinity College, Dublin, and the Kilg's Inns, Dubli.n, on the pain of forfeiting the value thoreof, and also 51. for each hook."--(fide the Act.) chime of the King's Bench in support of that pro. position. Mr. Serjeant SREPIIERD and Mr. Serjeant BF-4V ,hewed cause against the rule, and maintained that the register of a ship was a sufficient proof, and that, in the present case, they had, besides, acts of owner ship from the Captain, who was one of the Owners. Mr. Justice Gtuas observed, that, for some time, the register of a vessel had been admitted, in the King's Bench, as a sufficient proof of ownership ; but an objection having been taken to it, that Court had decided, that it was not sufficient legal 'truer. After a reply - from Mr. Serjeant YELL, who still relied on the precedents he had quoted, the Judges delivered their opinion, and confirmed the decision of the King's Bench, that " the register was riot sufficient proof." The rule was made absolute, and, of course, a non.suit entered. COURT OF EXCHEQUILR, Nov. 20. STOWE T. PERRINGS. In this case application was made for leave to transfer seven hundred pounds, in the hands of the Deputy Remembraucer, into the possession of the This application was made under the following circumstances :—The Plaintiff, who was sole heiress to her father and. grandfather's estates, married Geo. Stowe during the period of her minority. Two trustees, one of them named Turner, and the other the present Defendant, were accordingly nominated to manage her estates and protect what monies were transmitted to her by the marriage settlemeut. Turner, one of the guardians, however, happened to go abroad, and all enquiry after him was fruit less. A bill was therefore filed in the Exchequer, praying for an accurate account, of the guardian shily from the Defendant, and leave to no►ainate another trustee. The Court, after having medi tated on the case for sometime, transmitted it, with consent of the parties, into the hands of the Deputy Remembrancer, with the monies surrendered, who ap pointed a gentleman, of the name of Gibson, to be joint trustee with the Defendant, upon which the Court ordered all the monies deposited in the De puty Remembmncer's hands, to be transferred into the hands of the trustees. During the progress of the transfer, George Stowe died, and, the proceed ings were stopped until further instructions were re ceived. The widow, therefore, prayed that under the circumstances of her being without children, and the sole heiress of her husband's estates, free from all legacies, that the Court would please to cause the' Deputy Remembrancer to surrender 7001. into her hands, being the whole that remained untrans— fer red. The Court Informed the Learned Counsel who made the application, that it was necessary for him to prove that the widow was childless, and that her husband was dead before they could consent to give an order for the surrender of money placed in the Re membrancer's hands, for the joint benefit of herself, her husband, and their children. A few days since, a numerous and highly reTect able meeting was held at Hornsey, to take iuto•con sideration the propriety of enclosing the few acres of uncultivated land, in that parish ; when, after a long debate, the advocates for the enclosure were defeated by a very large majority; to the great satis faction of the Inhabitants of Hornsey and Highgate. Had the measure been adopted, and the common enclosed, the advantage would only have beyn de rived by the few who occupied frontage land. High gate common and Muswell-hill consent are in the parish of Homey. Yesterday morning, between file and six o'c:Pck, a butcher, of Whitechapel, had his pocket picked in Smithfield Market, of Bank notes to the amount of about 651. with which the thief got clear on A duel was fought on Wednesday morning on Hounslow Heath,. betwixt a Gentleman of the name of Traggert, and a Captain Lowett, in consequence of an honourable dispute respecting a bet. The former Gentleman was severely, though not consi dered dangerously, wounded in the thick part of the arm. On Wednesday morning, as J. Peters was walking through a shrubbery, near Uxbridge, he per ceived a well-dressed man in black suspended from one of the trees. Peters cut the body down, but there was no sign of life, and it was conveyed to a neighbouring house to be owned. Letters were found in the pocket of the deceased, and he was found to he a Mr. Tamveet, lately a French teacher at an Academy in the neighbourhood of Eslington.— He had been seen at Uxbridge two or three days be fore, and it is conjectured distress was the cause of suicide. EXTRAORDINARY CIRCVMSTANCE.—An extraordi nary circumstance happened on Thursday afternoon, the particulars of which will afford no small degree of satisfaction to the pigeon fanciers in the metropolis, and more especially to those in the neighbourhood of Covent-garden. Mr. Harrison, who keeps the Ta vistock Hotel under the Piazza, has long been in the 'habit of encouraging the breed of pigeons for his amusement, and though he has suffered repeated losses by a diminution of his numbers, he has nevertheless persevered in his favourite pursuit. A neighbour (Mr. Down, the hatter in Kinestreet), had long sus pected that M r.H.'s stock had suffered by the continual I visits of a hawk, which he had observed had frequently flown to Mr. H. 's repository ; and being yesterday afternoon on Mr.H.'s premises inspecting his pigeons,' , he had the good fortune (as the catastrophe has proved) to observe the hawk in question repeat his visit, and carry away one of his friend's finest birds. 1 Mr. Down, having equipped himself with a gun, followed the merciless marauder till he lodged on the steeple of the New Church, in the Strand, and then shot him dead, while in the act of devouring his prey. The size of the hawk was four feet long, from the extremity of one wing to the other; one foot tea inches from the top of the back to the end of the tail, sad one foot fear inches in circum- ference., INeuzirpr-Oe Tuesday, an Inquest was held at the Mackworth Geennercial-road, on the iody of koala unknown wlto was found banging r &rope inspeadest to die, joist of a new • building. Ne.dpneesed appeared lo in,about fifty years of age. )4sue could tell Awn whence he came, or who he VONAP*tri4llNsUlg*"' . .-- r, 01 .i„ CRIMINAL INFORMATION. SIR EDWARD SANDS, BART. V. ---SM Tir , ESQ. The SOLICITOR.GENERAL moved for a rule to shew cause, why a criminal information should not he issued against the Defendant, tinder - dm folic,. 644 circumstances :—The Plaintiff was walking in Sur rey, and was met by the Defendant, who was on the coach-box of his baroache, he alighted with pair of pistols in his hands, and came up to the Plaintiff, and told him to take one of them, for he Was a tl—d swindler, and the business between them would admit of no other decision, for he was deter mined to shoot him. The Plaintiff expostulated with him, and said, if he felt himself aggrieved the Courts of Law were to him ; on which he called to a third person to measure the ground, for by G—d he would shoot the Plaintiff, and if he did not fight him he would watch him. The Plaintiff, walked away with out making any answer. Rule Nisi granted. COURT OF COMMON' PLEAS, sov D. PIRLE V. ANDER6OII4 This was a case on a Policy of Insurance. The cause had been tried at the Sittings after the last , I Easter Term, at Guildhall, before Lard Chief Jus -1 tice MANSFIELD, and a verdictentered for the Plain : . I tiff ' reserving for the opinion of the Couit, whether i.or no the register of a ship was a suticient and legal j IP . progf of . ownership. Mr. Serjeant PEL L had, during this Tenth oh ., - Mined a Rule to chew cause why, th e verdict,phould, not be set aside, and a non suit; enterriont tbal ground that the re g i s t er o f a s hi p was „let a 4 4Aftioli h eat proof it ownership, and hadqao* omps444 • ~... — ; •1 4 (= .. 4 k , ,p5..4 , rwi to its 4 - • • PO LICE. Onw.entrr.—Wednesday afternoon, between one gull two &Hoek, as an undertaker was patting a collio into the hi n d, i ; of a house in Church-lane, tit. (dies's, lie was attache I h w h ; rob era, who, stole his watch. lie fortunately det vied hi, lain with his watch in'his Inus.l. lie was brough t, the 011,./.; and he proved to be a well-known character, of the name of ,foksi Ira h, aka IV.hal. lie was fully committed to Newpte ter trial. A port e r in the employ of Mr. Ibberson, of the 1 ar r . oei lillue Boar Inn, in I lol!vam. was convicted for no t #l,liverie,.... hare in doe time, to • LUIJCS Miller, E. of tlondand , Irett, tit. tenliam-court-road. linomo: Raymond, a licensed pmt-toaster, of Llingion. %I-4 convicted in the penally of 101. and two gnineats costs, to if.,;, sin_g fals e accounts i n his Stain,-office account. U NION.IIALL.—Charts lieflun, W,O Watl, end fu. e phi no, ., were brought before Mr. Evveca, by Cullinvhoura and Gl ee ! non, under the following cirentintancca :---nrown was es.r.. ;: .i manure to his master's farm, at Undue.., to 3lessrs. tioulditelo, coal-merelants, ltankside, nal was in 111 kept a puld:c-hoits:•iat i til.*.e',,, ii ld dn i' m m . ' Mesas. lloulditch having reeensl in . i h nn a l l ; : ii i ki t ee,r of lad formation that Brown was in the habit of S:1411; ill; InZliblr ~a fathertoj carrying l a e i lilak , .'s dunghill. instead of carrying it tome farm, ie.:limed an enquiry, and found it was In. :Ind that the flukes were in th e; habit of girin,r, him ss. Ater load for orinore, which on the are rage was worth 15i. the M igistrate being of opini on t h e Makes had been guilty of a ausdetneariour, held form to hail t o answer at die Scutari*. TuE Russurr Boy !—A mareellons bay, of ten years of age, bath created much astonishment among the fregnenters of the Stock Exchange, by his w on . derful adroitness at calculation :—llu is a sort of ad. I 'nimble Crichton, in his way. A bet was laid tea considerable amount a few days since, by a merchant, with a gentleman who is reputed to be the first ac. comptant in that celebrated coffee-house, upo n the point of figures and calculation, as abstruse, Oat it ' took him one hour to prepare the question, which the boy immediately answered in one minute: an ohjoeti„ a was taken as to the accuracy of the child's answer,but, I after a very serious investigation, it was admitted that the boy's answer was correct. A great lottery contractor, who was present, instantly gave the boy a guinea that was coined in the reign of William the Hid. and demanded to know how many years, months, and days had elapsed since the period of its coinage ; all which he answered, promptly, to the admiration of the whole circle, who subscribed fiftv pounds as a present to this calculating phenomenon. It seems that he is a native of Russia, who bath been one voyage to the Cinited States of America, from whence be came, at the commencennint of the pre. sent regretted troub'es, recommended to a Mercantile Gentleman of this City; and it is farther added, but with what degree of troth we cannot answer, that he can neither read nor write. • la consequence of the numerous robberies lately. committed at Liverpool, a plan was laid by the ph lire for the detection of the offenders. On Friday se'nnight, about nine o'clock, a party of the police of ficers and special constables proceeded, in a hackney. coace, along the road leading from Everton towards LoW-hill ; when they were attacked by five men, armed with a blunderbuss and pistols, who, eith. dreadful imprecations, broke the coach-windows,, opened both the doors, and demanded their money. Upon finding that the party in the inside were armed, the robbers fired the blunderbuss and pistols into the couch ; and one of the constables having suffered himself to be robbed (agreeably to the directions he bad received), a desperate affray took place ; three of the constables were disabled very early, one by a. slug through his arm, another by several cuts upost the head, and a third by a very severe cut over the eye : fortunately' two of the footpads were se..„ cured. C.untoN.—The ill effects of suppressing the com mon effort of nature was proved in a melanch9!y stance, which occurred on Sunday last. Mr. Tat met, of Kennington, being at church, Was, &iris; the sermon, suddenly seized with an inclination to" sneeze—not wishing tb disturb the congregation, he suddenly suppressed the effort, and the revulsion of his nerves was in such that a blood vessel was burst his lungs. He was instantly seized with a dizziness, and fell to the ground. On being taken up, a con siderable quantity of blood came from his mouth. Ile was conducted to his own house, and, in defiance of the best surgical assistance, died on Tuesday ' evening. A boy, three years old, son of Mr. Shaw, of Charles-street, Westminster, was on Thursday run over by a hackney-coach, in George-street. He had strayed from the dwelling of his parents, and was at. tempting to cross the street unseen by the coachman. Both his thighs were broken, and his skull was consi. Iderably injured. ACClDENT.—Yesterday, whilst six bricklayers were at work on a scaffolding erected before a house under repair, at Newington, it gave way, and the whole of them were precipitated to the ground; providen thlly five of them escaped without much apparent injury. The sixth, we are sorry to say, had a lc; and an arm broken. Immediate assistance was pro cured to remove the rubbish and timbers which suf. rounded him, and to remove him to the Hospital, whither he was taken, without any hopes of reco very. A young man of the name of Fowler, undertook yesterday morning to go on foot from London to 'fel lingend, on the Oxford road, and r?turii, the whole being 36 miles from the place of starting, in six hours, for a wager of 120 guineas. The pedestrian performed 12 miles within the - first two hours, and increased his speed the next hour, but he was beat at the end of the sth hours having more than eight miles to,perform. He must have won the match but Or di* badness of the roads. SCOTCH hiturit's Wharf. ' Jrrieret. Snits. Trusty (Ballangall), Leith fIS 144, —9. P. M. HIGH WATER AT 1.014,1X)N BRIMS THIS DAY Morning, 52 minutes after S. I Eveaing.:llalastea after I. MARRIED: On the 16th inst. at Bridlington, James Ramsay, Esq. of Olt Broad -street, to Miss Nlatster, youngest daughter of the I.tte A. Meister, Esq. of Hull. On Tuesday. last, at St. Michael's Church. Oxford, It. W. ()rowdy, Solicitor, of Farringdon, Beth, to Mariautic, eldest dasitger of J. Duniford, Esq. of Oxford. DIED.• On Sunday, the Rth inst. Margaret, wife of Captain G. Lawson, of Kensington Gore, aad daughter of the late Wa . Lawson, Isq. of Cairnnter, Tweeddl-witire ; and on Mondafit the Idtb Inst. Morino Elizabeth Lawson, their eldest daughter. , On the Yd of Oct. at Paris, J. Green, Esq. aged T.,. . - LUNOON; Printed sad Published by D. Lovust, L , • .Strranrist Oencrs 87. Fleet•stroet. 1 ~A i+~ll~~ , ..4+,..+.. .. t ft. • ItP) ' „ it Lie ,~_;, _ .. r- ..