The British Press; or, Morning Literary Advertiser. — London, England, 1824-12-20 00:00:00

INJANGI,II ME!:TINV ni Tifr. masw i vE ns IN Tiff RANk RUPTCY tot* MARS7I, STRACKY, F ANTLKKI)Y, AND GRAHAM. on Wonky a farther toretutg waa held unties thin eominianion, kw the proof of such Ile ,II on had not been previously offered, e rel for the ea. 11l i l Isom of the leudtropor. This latter etreutn 'tante excited an untrowlof interrst on thr pan nf the CM diking in coorettisei,e *bolt thr nano at tlw I :met of the arinioners of liat.knapro. int Itestephalt.atr:rt, was erowiterl tors_ truth the a l . xi r t y trl w•nte rro'itorr hi ileete their debut, anti of all ii) procure a aielis of the bankrupt , who were in the corqter td the two, In the tiglti ot the Wooers. The tneetisil was convened at ten fix .-tabu tire 1101111 Wilk tail lung her.•'= the th. - latter hour, at wlt eh 110 , e t ie. r • •in• Trot 31ennri.. Spranper, otorl d/:oelra ), t....i. Ito.tr treats behind the table. Mr. Basil Alontaetn I ot•ori fir the Amignera, Mr. F. ,pi.e.t..l T.., It• !tilt of 111- baokrupt hirtney, and Mr. MeTTylirellllWT lot Mt. I hi:Th....T. We al-r oterervert the tttttt Sergtalit Ifir .I.art 011111tk .1 fir thr CATillionntioner. during the whole n 1 Co. 0r...• .I r. Italland, Wit Or the Sriptrns, took hog .4 .0 !.• bio.l T' • 1 oomossi..m.r.. 31.. K !mit . (.1 i•••ir... tit tail Fyirott), as goon al Mr. Holland had t.tkeo .• I we 11 To ask Mr. Reiland where the &retrofit.. we, that I!. • I..tol.ropta 11:11/1! /111141 C Wit, aid iindri , nitwit they to p.n. I', Mr. ROLLA N .1.1 1 . .. I..tr . ..‘itt ft. fur. It to ore -• ins att . T . , that any ttAnor bats a right to Minato. Oman aerotten, Mr. WILLA tr telt ore not now Ir n maw to hr 'wen. Mr. Ka r oit in ri.i .ii • i ndul that the hankntp:s should pans their ea.' Tlattlon to-they, I take tot witurterL 111 r. Pt 1)- Mr. K /111:111 I - V ,, u loran by that, that they ore nut to palm their ccaniinAtion . . Itlr. BoLLAN I h. meals 00. . 31 r. %v.v. .sling 'wove olisereations. the Commis , era •11 . 4: - .. 1 1.. !rim that had hettt• wait mail the Mdiritw of lIIn . 0. oli• 11.-• a 1•1111 aro,. •1. Alr. Kw 101ST-- Gen O. 111,1, it is tom pa.l the rune. Mr. ttttt issiavirr -It is, and I have we doubt he will lie here immedoorly. At this stegs arrive pr-credings. • cor•Slerable idled by one ra* d o : u. vs:l4w. r...p0-sitnr a pwwego In he ore: , throne' the mow.) for the pu.t..se d 01:otiturt tt.e bankrupts. .1 line was 6 ad, n.. 11 li. y tn!. Shur lo . :111011 1 .1 at hotter incationcsl. On the arrival of h Alr. I •w 1111 l '-1 . 11 ft 1.1111111 adolfrlintir them. Pohl. •• I I I* Illy 1 . 01: . . 1.1.. 1/1.11. th It Vim aye r.. rr 11.0% under lOU 0111 • .0011 .1 113I.L.tiptev, 1111.0d..f, torsiner with Henry fauntleroy, env .p. 1111,11 I, 104. 01 yob I.y your creditors relwave to your . %tau: ; 10 I. 11•.• ^pnn 11.011 a NH dindiftlf of all your proprrty. /11 .0: • 11 • informailors in your power mmtl thr stile at v.. •r •• • .011 , serot , tit, of every tow and it is ales. ii.• .!.', v 0 'i I 011. if sou cisoceal any par, .d tats 1 4 "1 4 Of tw en; 4 . 1.1.1111( or 2111., 3111:11 coact nt • ill 41111 , 1111 l 11l futon V. The duce lrikroi.• I • • •',. ern. _ Mr. Kit rt:11 T- I T. •••1 3lr n few tptoolona. Mr. 31087 r—ta:or r. 111,61. Mr. knight. t.. for the bonkropts to yro.lurr I.ln.Cr. un:d then tor the Couu.a of the amoov.ets to r •r it i% the Owji of the bankrupt, in give erery int.llllllllll s .5 • power. Mr. K r:14:11T I II i.t I ince a strict r1 ; ;Itt to make inquiry about any I .. • . i.g to the csivire of the kink. ropts, and more . . •• rottenly nut included IiIr:11 5,15 11 , 5: i 55 15.• : Mr . M. NrAijrl . r 1 of Mr. knifed and the isotoissoe , cra, or 1/5 5 1 1 5 r Mllll !he p non sum of the Cot 1111 l and Mr. I n•,.i yl,n II 1.0•-f 141/11-11VNI1116, nut 111 10 the right r. • ' , s , , ;;-. pronely time of co rcising it. '1 i• .; s Live a 111:I, to perh.nn, to shin the meet,: of pn.l ••. ?bey 111.• but iteeelnnre to ruppme it. The )1.1'. 1 ' `• •5 IS not I.• re, lad how do we know hut that the first ilr •, .•, that portion of the pro : tray th a t has send, • • . • ...• 01 11., balance idieet, how ever, 1 luirt• treat ,- • .. •• • r in;.! to themeeting that Oslo t. ••i t e;,'n, i era litigation, ready to be diridril iu thi. I. i ,t 'lr. K541,5;111 • • . ; • • ] ll%t may hart si kilos t, r• • '• , I wool In cluttisiiir 31r. tittiMrry : and am I to Ire tor .• Jet es.tt t.. prote - vt , pit.% probably thrt I. 1.. • t ,• loriog made 7 I wish 1.0 ir. 1..:. . E •. , nit NI•ow whirr priiiit(ty t.. . . , • • ; I only wish Ito pat It prt's•if , •. • . ; ,1 d propene It of %la , th• c• !. • .•.• ..c. ! I c • • •tc a soppostiori 1 treed h e rdic , • ! .'. •.• • . " :• • . lat the creditors that Would( % -.1 • . • .. J.. • a t1....t 1 hare &strict ru:ht to do 5.1. ll ••', • •I • • . , 5.• v iv nat. 1 Plibmil that the trOpef and rno ~•• • •I i . t• !Prat. , y is before the Peru. •I • . ~- • !,- 5.. I w ill hitther otriterre. .• , • i .5 it 1 think at wit, :..it I, ,I. • - • . • -• .. to ileri•le the ittest u••. 1 • t . it. 1 wish Ito ri. litry al 0.. •..• I. • • . ' •• :11n. I.l' high in.; Infer° II! , i• 1 5 - 1 , • I •• .1' .5 5 ,• 1. IJUNAI heat it, t ruly i d th I , 05 .1 3/..Nta-A,.r• • ••• I. 1 - ,••%• 4t,rrt sme. •• • RV MC 111,.1 • • • 4he •IL•ht rlviverl IV 57r. • ,I ; .4 pr r try firdlef Cit •' .• ri••lIl to 11. trio the bunk. • ' i'•••• I: • 0 :04 Al 0' • I. • 'O.. N•hrre i. •, !• • • •If C001‘.., Cr ITS .1 •• • • t•ritetirc In I, • • • • • ral 4101.11 . COlOO. .I I • • ping bore tor . • • • • . ;is... V If • • • • • ti - .t r• 1r ••i • 1 I ' • r• that 14‘. 1 , 11 I • 111 •t ti . I ! $.B. • !, • 1.,.r I 1. I'. 1..1 I V b. , l ... tart' rut t 1Y;• ttr 11 /...! .0 n In eel. (Or Ole io rt -tl , l ix;; I.G,V nu .1 , • Ir r~ . ~. ~i • , t' t• 1 I ittt . %.nt t a. •I r • . . I laintliter.l Mt. 11.. tr y n. make inquiry, it in iv . 1.1, .1. a 4 it ill altinirn • , 11. it 1111141114 rd 311er by slr. . . . 6,,...1 T. vO.. a 1 ,, , •Se lit • it •I 1 ie . ....i1e I. alt!M run )011101 thli , ,1t.,. e ! •!. , n , •, •.. 1, rrl , 1441 oily lIIGG rIGG11:11:11 1 1G . . •,.. 1 .1,1 111 f., • 1.1 I I, , , For env', :r k, g ,1,,,Ht in .:1 InsitHry t 1:.:,,.'t,..1 , I s lA, G. G. IGV‘ IvGIII I% Ask 1.1 male. tt by t • . I . n .ut cire 1111 l 1 • 114 • .i,...av Owl) tl'. hank of 51.1- 1 1 • . , • , 1 • 1.• err•nin pel.t.lissury 111'144 • • • • • • ot the i• Witty. to a •:4, ' • ••• !• • 4 . 1 ••• 11111 l glif 1110 1:4•11( ••••1 • • 1 ,4 41 1131114 , 1; 1.111 11•4•1• • ' .• . I 1 .. 4 . 4 . 111 • 111 . 1i.1111414 . , 4.0111'• 1. ••1 111, 1 44 4 , 1 .1 101111( 1111 . • 4. id 111... e lOW /1•1•1 Ihrou Ilt ' • 1 , 1114 11 ••••••••!th 411 ' 1 , 1 U ...1i/1% ell 4 111 I !, :41 11` . 1. .• 11:11111.4 of ilriv.ar 111. •n 11- •••••• 01 the !Olt .' • • a ti• f • ' I.lisos• 4.1 ihi• • ' I ro•-• 10.e11•is It (...:•••• t!tit , :;111 11 •111, r, I•a• rn.t .t 'l%it• t. Or; L.spi-y I • 10... 411:1,4 . f. 41 •%.• "tit% MA !11l . . • • ...1 Ito the vine Lie b I .1. th-sr 11,1 .11 l• 110,4 , 4%111E • • I 1;111; r ? 110 ' rani .1 0 . .. !•••:•• 1.1 . 1.. • . 1 4f111.:••:. 4.0• 1111 4 4•4itniff,) 1. • • 01 to inn: •Ie '''it. .••• •• 14.4•4 101•1 1,4 1 • ••• .14. ‘1.1.114 I 1,.u•1 11. .t.•%t...t 1.11 • : 11! I: *11.11,4 1.1 :0 . 0.: . t~ ~, t .. 011 • !I I 1 .r. • 01 1 . 0110,111 I. ti Col I tt I. 1 1 .I, , tlii a tt I 1 . 1.11 . trY A t Itt • It. i .1111 Ctiti.lll) • • 1 1,1 • .•I ! , 1, , , il ac. r. Ilit. ..;11•I• III...II:11 •I. • : .1 st.c. , s 1 • r• • ! lilt lit ii. 01..tt I 4.; . a Oath: t's . i. what the r i.e i. .•.. v • .1 intrtv till t •. 1.• robot', Oh,- •I ~ ~.. rd T . I. 1 \ .1 I. ~. I ~ . .~,; . I .- "1.1 ' ". • i'. I. J, . (-.. ..ontSp t ttt and experience, both of which I have 10E4 known. What ha•. been sai I by Mr. Nlaylisw I let pass by me Just M en ieurnyr un:*." Mr. Marntw_l said Bathing that I was not jut Wird in Mr. Alnuiagne's sperch was mark tor the ►nsirTnees. tint the creditors. Mr. 310 XTMIU— I Mail not o. lire ni:ek otA•ITIVitOna• Mr.lllAvnEw-1 aloe here as a gvnitlrtnan, :::4d will protect 'nevelt IA such. . Mr. Ikmumuafawr Non %Vox It— l request that the proceedings may nut be interrupted. Mr. blosseauu-1 hops that I am not deficient in r.ripect to the f:aurt or to any Ilentleman t but it is in the engine of 1.. y duty to call the attention of 7nu, fientleim n (the Commissioner.) so the difference between concealment and preference; and to submit, that in the !aftercare the examination should he private, to prevent the parties profiting by undue preference hearing the evidence taken. IThe lammid lientleman then handtvl over the es:indite trona which were very vitiuminovis, lb Mr. Knight. and When Mr. Knight has rend them, ;le will judge if sa.y thing has been left undone that ought to have been done. 1 know i: sounds great to make rpteches here which read well in the nes.. apers. 31r. Fot.i.nea-1 attend here us Counsel for Mr. Smarty. moil I can state that he is t atisioun to be examined. It in certainly the duty of the Vottonel for the Assignee% to do Peer, thing for the henetit of the prate; arid if I did not I that silky had a higher duty to perform, I wmthi entreat of silent that he might b. examined. It in the nitaiutin of all tho hanknints to give tiro fullest information in ile.ir power; and I no rely put It to ItisMrtiOti, whether he a poshultig the lent course fin the benefit of the estate by tire.aing for a politic rota sss $$ at tom Mt. liN1(.11T It is imponnihle for me to read this exami. vati.m now ; but toss I br permitted to call on 31 r. Guidon (the r-oliettor to the 'otiontin.ion ), and read it there? Mr. MONTAGU and Mr. lionnoN (tog..ther)-311tot certainly. Mr. Kmtoltr--1 understand that no aermint of the hat.kroptn' joi.lt r hoe has Wen dvlirerttl. I low noon will that take place ? 31r. 3lnsr.tl;t• They are now nt the way. .................. , Mr. Asir:HT I tight wr not to have a coy? 311. 310!: T AM? g—l think yen might, mai no think 11. e Wig nets; hut to ;arisen' expetea, I think plum* should be ...- pointed by the radio.," to make the enws.innteni. A 1•5,1:0,•I %11,1,111. Knight and Mayhew are allre:gly ar. pointed tin thnt pitrgewe. A l'aviitios-. should not ail creditors have a copy ? T Ai. Thal we Moist have a lithographic prey.. I would pelvic to give one copy at the 'ipecac of ine ',tate. and as wary duplicate. erediloth plrw ne47 hr atilootiuvrtly 114C11. A great 1 . 1 , 411 don prewaikd in the fa.llll at 1114 P. IlLie• id the prn -1.1.1 . .airc and Mr. Hlland, the ivaignee, arldr, , siog hintsdr. we Ild'eve to a .ilr. I.lovd. 'end that if he had c 1111 l e 10 3N he had tree invited, he would trore nnwe.l all the time that had been wapiti"l in inmitigating a.ol.jert dim bail ben intitiirett into user ol over again. Thegendenian had been invited to the mom rasehd manner. Abr. I.l.own—lt was i* a apinorr, Sir, btu not in a rem. did simmer. Vim pre sue two statements which differed from tads odor. Mr. HOLLAND-1M you mean to say dud I gave you a false statement ? Mr. lams ti- -Not intentionally, certainly ; I mean Mbe tinder. stood as receiving two dilkrent stamments from you, both of which mold not he true. 31r. MA% /11:*--1 must say that the contluct of the ti.dicitor to I'0111111•7•111f1 and the assignees has Owen most disingenuons. 3lr. Mont . stir tls the balance sheet has not arrived, I move that this meeting . adjourn. as the now favourable name for the Cfctlitlito. It 11111S1,1141VtlITT. 1,, satisfactory to learn that the eeti inatill debts 'untainted to Mitt.ooo/. There were available assets to ineet the debts of troi1.01111!., and there were 11 , 11,14:11. ready to he divided anieng the creditors on the first "lay after she expiration of the four months, which the money cannot lie do id. d. Mr. MA TIIEW-1 wish to inow, •nr, whether the mat-y, tinder the heal Available Assets," has been continued by the oaths of the Itoiltnepts. Itchate Mr. Illor.togu could reply, the balancc-sheet was brought, atml . . . Mr. rel., ot•it entrlitaerired reading it to the Allutlng. The 10119 W tag a 1 thy itettib CLAIMS. C. A. IL 11moont due on cosh balances . . . 30;070 2 K Mtn. pent tit undo the I n I misiun r And not ap ',taring to the en dot ed the por.i,s . . 914731 In in Mau duiasis emit:Mit tube made - - - 72,211 3 1 Total . . . 16 7' The ?mots were irs follows Cull in Aimlin% Iliad. 11.172 11 b' Cash in Ilvtoer'...trvrt 11,373 13 1 Ditto received bv :41,4 Mar h hllllll II I Ihltu (Nip Sir Eilwrord samety - - . - 4,111 111 rotwk and l'Actielorr !lilts Ililln doetiontril 111111 dertiod good . - 16C1.Lal 6 h I 'chin dui' :rod dcenird good . . 179.791 19 9 Itsw,di and de,•itied good 63,313 16 7 ti'-t.;4 1 . 111Wk%1 1 1 •114,11:ante . - - I:: 377 9 0 Hever:4ol.mnd Sloven 6„:9 1 2 0 0 Ilutoic, and Grnundarnts 4 i air. 0 0 Tuhl - 4:4,109 B 10 .1.1.-loct front the atuonnt of mewls Loans by sl. home, amounting in ;41;: i :d. which wII leave a baltmee of 115.7 , a1 , 1 of 3011,ICKV. 1 1.. Id. C &owe of claims bryotol the assets carrted for ward, sl,3king a gt . .oul total of claims of :,al.l I J. Itabuire so she credit of 3lr. Marsh's Ovate .•;!. I Is. bi. 11r. strarey's aetotint, 5.2 1 ;11. J.. 9.1. r. I*.ointleroy's a.-e 11,4 3.1. Ito I debt fund, bring ;,-, .null t. 1111,4 I:0111 itettill a , .d bas AIN'T the proportion car. ti,3 to Ill.!' ui the parmers to meet the loss on I larrison a:ul Co. and other Lie..11111:4, f:h,h.C.V. I Is. Id. snal,in.•" a total of 45.. 4d. .%tatentet of doubtful debt,, 11,11tii. Ix. 110,1. .Imtint of !hid tblit 1.21.11 N. Itoulttful bills mid i•ro_ titis.ory s.otcs. 13,27,3. 9,. ca. Itad hills and notes. 1(0,0:AIL 24. 3d. .tssuttiell tine! sueasii,tied by claims on the e•tile far nun. tinryNtr4l inter bdl., for wisivli the boos.. ree,ived no c.itue, 1.41,15141. 7s. 3.1. making a total of :n3,1711t. is. id. A co l ., it Stir bal.wer sisret would, Air. Pollock üb.ervett, be fur. itnhvil IA the eictli;.ir, . . . J: 11'. A! A V 111.1 V -Suppose the person who receives the copy shout' refuse star a copy, how 3111 I to act ? 31r. l'o t. Lilt - 14 •-Tlicre shall be no difficulty in getting a ropy of it. It In 1111111.1. I,l' me to Auld, that at the bottom of the Milner ~.!ir,•!. 11 I. st tied, •• This insist messiest-0y he an imperfect acceuta, bits it comprehends all that we a t informed of." The bankrupts will chi, Holly glee every Sal ...ion and e•plattrunsta hi their po, r. There iN owe rite 00000 .tattee as Cooly.: hie Mr. S:racey,llist I :ow .heootrotoo to orenuow to the rreilioono. it in will known, that in VIII I! se Polk held a lar:te quantity of the paper of the" house or I ifICR.11111! /11111 1 11. a Illea 111111111.11 IlAylll,llt at th a t r a a j a d. ',TA consequence sit.. that they r‘pected a gri'at preouste. The amount of the paper to held Wlll iletWi'l.3 130111111 I 1,0 ,001. Of this stun, 43.4iiM. millet, out to be gaol, sorotoy of the I%tri 'Ol 111,ChArgillg t!., If ;ter. I,:rooect. Thh. r.,,t ...,.1......1 the to.. Its Ihl itpot. oh the thslwoosolorrol hill.. .1 hogctlier. to liiSl Al 1a1..g out of Pluck wood's Cato:es:A not amount to stator:: than aio,lol. flowerer, the Snoods of tit.. :anise wiAting to guard neatest the pressure that mirth. arise 'a.lll 11/1111.111:1111151.1.11V. corstraboted a capital ansomostig to 1:31,11110:. her its snail...at. I ls,.hese t'te exist.: sum subscribed was I:4O*W. In tilt:aims to tills, tan at sus of tilltitrtlf. earls • y:i ithowed to re a.6..1.1 by It itr.it. oldie ittiusc in the hank 4ei n co,ll li. al :nee. I state lilts to ,how th.ii the 1000.t,e slid hot lose by itriekwoo or.l.olliore 11111 TC 111:111 IAIA/11111. ; wild to Weil this exigetocy, there was 1111 iatsittion of rail ' i t of Iffikutio!. ; biii.i....is the two RUMS of 18.001 f. I hay. n..e I ilia,. • to. stattimcat for Alr. Sta.:levy ; 47olonei I;rl.bain bAi not then joie il the establishment. I sluill not or. ..1,.001y thi I Mateo:A:At ii oh any (down al Sou ; for its c:feet 0105; IIV A n a am .. . .. .. . .. _ . _ _ . • 7tlr. \II 11'.IS I , ertlCC 111 rOwnion nII the int' stated by 7.1 r. ;Luc i to lnow hour 1,6217, Ittil siit!t -tton:.l suns u.. 1 von: • I 1:1 tae IL:i.k ? tor it is rie:ir. it ly iii,•i••• .1 wci% tails, it could lie WIC 10 1114.1.1 the paving MI. Viol. II cl: made ithintry of venue one Whim' him. and then slated C.i.st l'it , t . Alllll, 11.1.1 rota:tined cadre thiritii; the pint.: ISO, 11111. and 1111::- that thtli•retat laiar.itmiatoi at had Larma drawn twit nt ..Oast-pent petard.. Litt p.lll of It IVIIIIIIIIOI to t!IC titilit lof the failure at the lutist it, 11.-rwer..i.trect. 1! r. all ac :at w th, as 5t.1..e.1 riar some infonuition et lative to .114. .. 11. 1 , . Ultra., iii the laisiiktittat,• laawil.... 11l cowls.' only ah. NI;:11:111 . 111 , 10 IV. lerl,.lyialatettl tahe.x.i.sr... 11r. !I it N 1'.%.:11 thought tls ai at ail not rzquirc cowls ingt - nlo• y t a akCIVICI a ill'air litorov,lvi•Lits. 11r. 111:any i•.• r. r•i Ex .--- .1. C.aian.rl for ('-‘4l,m4lllnsltant I ~, ,t,. ~ , qv , of 41. cliartisg, ilia! my cl.ent ws.lacs, by every norann in '....•. 1 , •A. r. to all.anl rapt iisatiott ha Uteri:L*l4nm of every ( Ileum. 1 • .••••e e.isist - cii it at . ...la the aUaart ill la. rsht '...wartict. se. far a., is in his ii •ai . • : iti:.l Ise v.LC.4 ;,tire tut stro.ig...- pr..al of hi. anxiety, than la, r... 1“••• ., 1.. •i.l. I.l;ormati...l 1. , Ow pk - Vatti eft ILL, Is She Ilitti 1 . 1 11 . • .1 •••, ;1.. • .cart 0 , 0 1 . 3111174 . lii the bank. 1!.-. I'..a :.. .•iii.• 1.... as Vol.r.ill,,it.t. of ItriekNavai.r. failure 1 • i, 1t . ..4 . ~ , .. ~..!, Li in I:ll Ili aa.I.11111 . •:. IIV:liall Wag 1:1'..a by all lot,- lo: •i , '.. s.” : ..; r.'l , ll'. Villiell (.1.1a1131‘11,1 Ole #l3 . l4lllting 11.10. :::11. ~. 1 I , • I •I. is: 1:.!11 at war. ra•oltteett to 4i1,1141tV. and now a b ou t ::131....q. 'I 1:., , ,e i, • ,: null fellrlilloi. I A ( . ,• oh • t•tve;lons to tmtlet‘ittml that the b.thinee .he .t rt .tl! I by the Kull. tit 1:11:;1.1t.tt •. . . tot it., 3.1111.. are tawhult..l. I • • • I t the It oak male n claim •tet.tlttilt. tied • . .t.. tl as u:•• 11.LtSt pant .• s-i•—Tite 1• n 1: of is 1 rowerft , l ,•: the eettiatry aro toi,•reserittl. e are rem!) . to I` I CI .t Ij4l,*u(ll 4S II y ,t• 0,•• twoo.n of tit • ;..!.it•.:titt Clal one or k•itorlctigt• 111 ti.v 1.11 tut, Ate.% produced. of I!tr tt.l:ll..rtt• tott of tit.. a••tarnava ; and • ;11...51 Itntgs,ni i.t ctv .1, ;r is- rt ad by Mr. ' i• hat 5-151,1,1 la Cit• rt.tlitor, to ht• ettiormol ;1,1 ~••• •••11.-1. soot-hrr for 11. • :4‘..ttrt.cy ut It: Ac- t :1!.• ‘.. :...% .. I. roan:, , . a;; +- .! lot the 1, cit. ; alter: El it 1.1: .mt 4.1 I! I,lll.Tittol.c. •,1•• : 111 , , I , 11 . ,.1, , e1.1... lill,l, MA wA imam. it .4, :IA pl.: 1.. ly ;,U .i• 441 poll( ilt J the Ilith i rt!' that Ow ili.i.p;ter Ivinch has lispi•:•tifv! : ' •.•e!treti !Ai 01 . r. i of the 1.'401 litx, in I t'Ll • ( • . ; ' . • • • •• • • • • • • .• . I • , . , • • . • ; • • • • , • ',•"." • \, 1 1 1. 4 , 1 a't • Illtl. w 1 r.- .11.•%I. :1, 11. 1 11 .1, 11.• , I 1 ~,~ 1.. .. THE BRITISH PR ESS. LAW INTELLIGENCE. COURT OF CHANCERY, SATUIDAY, Dse AA NAA ZINN AGAINST TUN ►VII.I4IICII Oi" LANCET. The Court was crowded to caress to hear the discussion upon thi• subject. The Sitt.icirron-Hysys•t., for the plaintiff, moved that the defindunts, hlessra. Hutchins, Knight, and Laser. be restisinett and prevented from publirhing, in a perindirsl put.heatinti called the Lased, a verbatim copy ul tie ketures delivered by the plain tiff* upon surl,•ery, at St. Itartholinnew's Hospital. The question before the Ceu►t was, whether the defendants, were autho. rised to publish, (non time to time, the lectures of any of the re. 'Oar professors of the hospitals, or other institutions of the country. l'he LORD eusarci.t.t.na asked for a Lancet. Ile presumed the Soliettor.lieweral had one in his pocket. —llis lordship was handed a Number. The ITO w.f.; six at.--The publication contained a verbatim report of the lectures. The affidavit of Mr. AliernetilY, when he filed his bill, was short. I/element said, that upon the 4th Ik t. hr commenced the delivery of a .anew of lectures tipon eurg..ry, as it was his duty to do, far the purpose of advancing the k ...s -ledge of dime who were student*. Ilia lectures were deliver.ii on the reciting,. ef 310itilay and Wednesday each wick. were published by the &fel dams. They were compwied by deponent ; the set • • tits awl language were fits. Ile did not give authority to any per 4111 whatever to publish then. The publication in ours. tion contained the lectures. the substance of which he hall been collecting for many years, anti he hail never made diem The perualiail work, the Lamed, of the 24th I October, eio ,t a itod every wutd and name uttered by the deponent in his preceding lecture. taken down and published with minute fidelity. This number of the boner?, in addition to the lecture. contained a notice 'outing. ' 6 a e ou,s7it to apologise to the I:citirer for ti.. in Mute fide lity with which we give particular expressiona, but the y are of use in showing the characteristic manner in which lie communicates' keowledge in the students ; these peculiaritiea, however, do not af. feet the sterling value of the lectures den/selves. We do not wish to be it isumlerstond ; the professor may p.-rhaps use more discre tion as to words, but there has not, in our opinion, been a writer on the sub ject, of %itch elegance siuce his illustrious master II er, who is in his grave."—llleponent swears that he expressed the highest disapprobation of the publication at the Theatre, and pronsited against Ma lectures being taken down tool published. Ile called upon the person acting thus to avow himself. Net person did avow I self. The depiment took the sense of the class upon the mat ter, anti it was decidedly averse to the publication. neve was pub lished in the month of October another number, alluding to the course of lecture, delivered by the deponent. There were also pub lications on the subject in the Alorminc Chrunick. Llctendants stud, that it was Pc:steely fair, in consequence of • moment's 'tritium to tarnish so fair a reputation an that gained by the deponent ; th i t the Lamoi would continue its interesting proceedings—though one ler. . . Runt. had imked if the hirclimg of Um Luxect ;iers preivit at the _ . . . . ....-..... Here Me. Rose. read 'tome publication* appearing in the Afrwahree Chrowiek, in which the publicati o ns were called r.eirecte. This was denied by the itefe.stlanta, who affimied the publications to be exact copies, and token down with minute fidelity. The Soteci To u-lIE arena t continuctl.—The ground upon which the Court yawed an r.r.porre injunction was, that the law was as clear ita mood& —to the best of his humble app iebetobm it was beyond all doubt—that a lecturer or professor of a university had a complete right of printeviy to his Lecture or his Sermon. This was the basis upon which he called for the interference of a court of equity. St ill any person he allowed to say that an indi vidual lino a right to publish these compositions? Ile would nut in his ut!,ument embrace the pulpit ; he would confine himself to the The tire of An:dimly. and to the I 'niversi. Upon this sub. jest the law was us clearly framed, that he di d not ace how it was protonic to retitse even an exparie injunction to Mr. Abernethy. Ile denied his giving any right to take down awl publish Ins ',alarm; the minion before the Court was not ex-parts : notice was given to the other patty. The plaintiff made an affidavit at great length, stating a general denial to students, as well as to all other persona whatever, to publish the Lectures. According to the practice of the Court, in all motions not root te, the mover could not go on until the other patty was bean I: con. seouently his Learned Friends opposed to him, the patrons and supporters of the Lateert, had put In their affidavit, if that could be called an affidavit which was full of vacuity. nital re plete with nothing. It it was poodble to apply the scientific MIA of pia: to nothing, it would he to tins affidavit. !I be I SURD (' lIA II Ck: I. Lisa—lot us see it. Tile paper arta given to his Lordship. The Sot. IC ITO It-4 lEN EIAL—The ground of objection to cc. pot k injunctions was, that they may be carried too far :and the Coign should take care how they were granted, as it did not know bow it could act upon them ; but sonic exec' were so clear that there could be no difficulty in granting these orders. The affidavit of Mr. Aber nethy was in this description, it leas so full that nothing mold be added. It wrs4 in enUrt, and angled that his Izetures were practically published, anti lie gave loom to tot hotly or individual to publish dame. To this andung could be added. As to the rdlitlavit on t h e other side, if it mold be called one, for he was dim...sett to call it merely a sheet of !taper, it had no more ref retire to the eve than if they thougld proper to lilt four or Nye fdtto leaves, blotted with MI.: it was as important to the matter as if he were to lan: f that the paper before Imo, instead of being interpolated, WWI uublotted with ink. Such was his bleu of the value of the blur or five sheets of written paper producell by the other party, and called an affidavit. The defend:ems, Ilion-hies. Knight. and Larry, were not medical students, and they tell us, in this affidavit of their.. a set of truisms-They Wens' us, in the be;.malenee of their superfluous, idle, soul unneecoary affidavit, that St. Vattholumeee is a public lloppilal, and lectures are delivered there us at hit. Janis Ileo. pitaf, London. They next inform its, that his late Majesty, in- Roamed by b., ratermil bent volence and atteuttiat to the institutions of the country, and thrtio,,ell his anxiety to ad. ranee the ana and %enures, bail granted n cloi rte of ncorpn. tattoo to the College, and of this Vollege Mr. Abernethy was a mentlwr. This me% all waste paper. They went can to state, that bye-laws were framed respectia- the relnitssian to lectures of the different classes, and this attendance was neermary to authoritie the practice of surgery in Landon. These were the important truths contabsed in the affidavits; and there were mastic ethers of equal value, such as. that the pieeleeemior of Mr. Aber. ne.hy did not object to the printing it' hut It ellars. The panics might have spared themselves the trouble of this assertion, for he had not the opportunity of flanking the objection. It was scarcely to cesaary the hint to add, this was all idle gasconade. Such was the Penh sof truths—of damning truths—which were ..i be produced by the other Tuly, to alt fr.tt the 1111 l non before the Court. There was also another assertion, delivered millt rtattid isikinitity, n.. 41 of equal importance, namely, that Costa , : the publication the plaintiff etreased to the students at the Theatte his dimperobation of the publication, but he believed he had it not in lei.: power to prevent it. This he remitted to be the Tramming part of this thing, wome n-1g the marl; and vision of sin affidavit : its if a gentleman, in his lecture-room, remonatrating against ili•a pet beat ten, protesting I 1 against this breach of faith, and calling upuit the petson guilty of , te to take I. ek Wafer it hz were a student—as it tins nentlem en, et:i. , nent in the Faculty, was obliged to be as &twat a 13% tier as he was a SU rgetirl. and was to soar ow doubting a Ile.ha the 1.. yr 0; England gave tutu a remedy tor that of which lie romplairied. Notwith standing his gisel sense a n d giaieral knowledge. he did not know odor 1 •• gave hint a remedy. This was the ittiport.int part of the tthitlactr, to whirls he ecl:ed the attention of Ciet 'trot. This doubt, expressed by Al r..lbernethy, whether Ito hail iti.• power of prevent ing the Inffiliettliolle was a doubt most natural Is a gentleman who had studied the works of I:sod:true, and :lot those of Vesey and Mower. Ile would now allude to the lust 1 ,4,, f te of the ot;idari.„ that at:other eniineot professor, S;r AO. j Cw.itt.. delivered lee. tuna at an bairns', all dal sett prevent their pnWieation; liciald . net rlaitit copyright. Tais was nothing to the purpose. This Ilan i or tiae affidavit n:ay %tarot over. The gentlemen in the present use publishell without anti, or right. The at...davit of his el Wm Mita. litnsi thus in the atrung..st manner ; they do nut ronteml that a syl lable of Mr. .theri.t.thy 'a affidavit is incorrect ; they do not claim Iteetice for pablieation of any description w h a t e v r. Walt those rads he model clime his er.e. As to thew Slat ninintniind in that Court that lectures weer not tite property of obese who delirerol them, what, he would nib, would be the aintation id I teeter:. %Vary, who delivered at the Clatiol of St. :Mary louse et:Cr:lent leCturrs i• What Would lure Itt smog . of t:t it eseellent I 'isine, II?. Runt. who delivereal tetanus in Warburton's I 'lmpel, which were not eareaol its the ritp,:ish Linglia;;r 14 4 r mtretivtli of ar:Viinent and purr and Classic style. intat would bar.: become 01 Sir William illack• stor.^, the V eneri.in Ihofese...r at t 'afoot, when the Ibtierrsity recsae instal his lont.hip as our or its students i What wtaild have Preto the w ,ation of those euititette p.meons tie skilful note-taker hail taken down their ken:nit, sold intt I aim•n : - : - Ibutine copy? ill'llt would he. Cell ,. of the Foist...l:i" of the 4... wary. of Edinburgh, sad of the s:.notts institutions estAdished in the metropolis. rith.r by charter or eithi raise ? Ile need not add that the Itrot.smor's charac ter was deier;oratei: by representing loot as A pit'llie leetilier. SIMI lie userely leettired SO a private class. Tit:, ditty 1. • ;i:eforotted hi, It -03 al apprutlitirllt. ile is;:s at 3 bile to know upon what :eituitil the 1111 l 110110.111 d he opposed ; neither could he say what it..p.e In tit .• 11l i l Ida of oilier. yeah, hernia. mirth vomit:et on the Part of tae publishers. IL! wits sure it could net be personal otiene.• or ill mot; •to Mr. %Near by. Ile askio tor the it•*.itacti on general prim olds. There aaa No el dli, tills t Sli•W ; indeed nlitir wits ions ts•:•.; i. 'r be ramie. :la t Liken otii.iso. ,g.. o f Ole nth e:Jil iiills delay , si,l'iii . :1 1555 ifil.l:toi.,Jl Ii11111:ier 01 Cu. wilt!. ; they lush siolocil 1.•31 tig;:7 ~ r nil id.eii•t - iI a viiiii..iiipt Niels the d.iviir , 1,1 sluptiig a 4i..tritre, us if they h el a Jll,l is: r,:, sit ,bl-. n. ,,, n n t 1 . ,, r ~,i i, .. 11r. lt ...I: toil°, ..: ,•a the ...:sue ...t e . Ile catteeiv eel the point at issue to he itee‘.:e.t by the •:r.. t' e: ..• of 'r.tv ler And Miller. In that case J a %tie,. V5t..... Lol e.,:i.. , ti ii• • 1, iiISIS and Won, of ate author to bi:J.4 r..iir...1 l'.s hilt', .r al lii sill, hot corr., ho tett. r per son hall the !e:e.c ti,•tit, , t‘ i:how tit. .1%1. .I..CA ri•Tllli,li.l3 and COP sent. W lust would th.tu i earn.' .111,1;.• lus t ... . ; i,t„ if he saw the pre - artit 41 , 11 . nd:tuts :rut, sot it' into tii,. au tart/ "C ::r. Ahereethr„ autil e scrip his hurls itt t ;le net of the t. 'a lc: ? The I, maul I :cm:cman said, Its ~:titatil to Ow an oltsers:.tit3:l 1. I the C•iideess, or, it hr may Use the cspressi tn. the itapti.!,. 'ee wile which tile drt . :lldatil A n . .. 0. I,,gised for th: Ii laity if 11 , a reports. But the peculiarity of the l'hifessii: - s dimii.it i:a,.. 111:y t,ii.l, a e...r • v.val idea et the manner la which lr• roar, reil iot:irinatioa SO his Ist:4.m, ; and they notte.d the lie.....:r . ,:s p t ., is t it;i t . t . i n . n lit „ in in a t :: i d o l m tia s g a r c e. ‘ tr iri n k ta i . ,, i g er :l w ii ls ,, i , i c tl: was ..s great in t h is important inntiris. 1 1 t. quoted ille C 'sr a 1),,, t ,, r p.i,„. s j.,.„,,, r ,,, which ware kit by Ike it ...ad :,e Ins. seetttor% fie the beteli: of his 1MM111..11l ri. the I vvtilor a:t restrainci I V ivi ,In r 1 lim f • voin oil , : ; : ior Ist t! ko v., dI i - •• • • • 111 , 03 I: :V 11 , 101 ~... I'll:: i• , SI .:11;a.rt, I wet:: : - ..!.:t.r.ct', :he I t!,.• itos , :i %. J I: ... r :41 nho immediatelt• tock then to !,e-,1 C'ocrterfol.l, the latter rparat . A. ar : 11 'kept in 111 . 4 .. pow ."inn cer;ain s!onv_ii37 ink °Merest tuna upon putdi; eh..iertet.:, and r e turned thnie upon education to tha widow for pubTrotion. The widow, it &p -rinted, took cn;ries of all before MN gave them to Lon! Chester- Ii Id, and publiehetl ant entim. An ttjunetion was applied lur he restrain the pulditsmin of dine? refl-edm,, , ee publtc charactert, and it was ranted, though • property in the lessee.: was conveyei to the widow. In the case of 3lacklin, the Comedian, o.te Riche...h ewn, the publisher of a magazine, printed the Anti act of tuvc a-le. t ot Musk. whif-h. though acted by pertniseion oftie a lior, lass brier printed. Macklin, when the fare wacted, w ia. te the hulk of taki..g it m the theatre, and then get:ittg it bpi: then the Promp ter. Itichardann empl.•yetl one Gitre. y, a attort.hand *rae, to takedown the non act front the mouth , of the ay Ism and published . . it in his Martainc. In this ease an ju.,c was aitpuoi tor aid there was also th.. ease of Mr. Ell son. to the play of • • • • • Teresa. here he war not acquainted with the ileen.ion ; liereil it was not reported. When The Agerrsale Sarrise was acted at the Coburg, there was a decision in the Cuurt King's Bench. The Lora CriaNcr.t.t.na.—lns those cage% the very words web taken down tom the mouth% of the actors at one theatre, and seed at another. The question ii. whether, at the delivery of a lecture.. spectator, evidently hp the as,ioatire of a good nsensory, took it down, tide lecture being an 0111 compost ~,,,,, should be entitled to the protection Of the law If the 1., sure were merely oral, the party could not call for the hoe* ference of the Court, and those who maintained that oral Irctores was ronspositions of a certain description, and had a claim to the prot,caso s of the law, wet.: bOUlid show Onus in a written state, to coif ale them to this pro- tee . An allusion hid rtelart rate to Ilic Iccturca of Mackinaw, I.lr illiam I'll3ntlx.rs, and ..:her.. l'iwao acre writ. ten compositions, and within the protection of the law: if these were written, a person may hike them flown fia the benctlt of Ina mind, but he had no right to give them to tit, wo:Iil a. Isis own. Mr. Rost: said, as 141 h . ' IIMITOIA of Sir Cooper, it was nut time ;he dissapproved of the [edification, and protected I 'elf by an authorised pohli..ation or his lectures. In the case of Taylor md Imfil Mansfield (lectured his ispiaimi, that it was Just and lit an author should chotne his own time we, manner of punlishing. lie should [intone a primer intern when. Itni.eqty he could depend, and liftlit.V . ,ilololl he ;;iron to an anil,nr ...fen before publication. lrlie Luau 1:11 ANC E Leon 7 1:ould a 3 is Junction begrsnted for pirating a work, in ease of a Ie._!UTCIICIIVe nii at a college, if that could he called • lecture which Mut rat support itpou the founda tion ? Suppose he himself delivered lecnitirn M.Ollllll Ile knew con • ceming the different powers of estates. would he he protected upon the principle that twenty years beaux his memory nay be sufficiently accurate to publish it ? Mr. Ross: said. it was stated in the affii'avit of Mr. Abernethy, that his lectures were delirend as trim written papers. hlr. Boa mg, tiw the defendants, soil, hone the nature of the publication in question, it was a sourer of high satisfaction to per ceive its object was not to detract IMni olio character and justle.ac gutted reputation of 11w eminent plat, Or; the contrary was direetly the ease, for he must know, that as a necessary consequence of this publication, his reputation as a stolid relessor must be increased, and his fame, which, g , ..6t As it justly is. was hitherto confined to his profession soil his patientsorould be sateaded through the attire community. It would lie impossible to ascribe any other motives to the publishers of the wink. lie would, of course, put entirely out ot his mind, that ocher motive, that they were limn); that by which they earned a fair midit to themselves. His Learned Frietul, the Solicitor-General, was to open the rase, by making re marks of rather an extraordinary nalutc, on the affidavits of his clients. Ile said the motain was put out: not foe the purpose of task ing a good defence, but of shamming one. If this were so, he M 661 the justification at saying, that the day after the bill was tiled, the motion was attempted to . be brenteht on. aid sorely the Counsel for the defendants would deserve no eel...weenie', the Court foraskisot time to do justice to their elietits. lVith respect to the andayit, the conduct of his Learned Friend was, Is: thought, not a little extracinlinary. Ile pronounced it full of vacuity, and repl:te with nothing, and yet it Win this very aliii3eiL that engrossed all his argument for a considerable length of time. Ilia Learned Friend did not know what term to apply ; if he could apply the term he thought the aflielarit was the jeer it t mhing. !lc (Mr. II.) thought his Learned Friend's objections were the or pins of nothing. Ilia 'garnet, Friend concluded his areitineet mem this molting,by calling the attention of the Court to the important part of it, and thus, after onaintaining for a long time that the affidavit was absurd, he is obliged to admit that it is imporant. Ile 'Mould have showed his client to be a pritree Butte r. to have a private copy- ht, which the defendants had ; anti when he had shooed this, he was bound to prove he hat a clear right to the fnjunetiim ; for it was not a necessary consequenee, Oat ;hough he sitintld have a kgal right that he was to sommetel a claim to riptity. IV ih respect to the authorship and copy-right of time pit it was impossible to know any thing. The leareed eettlitinan asmilltett every thing throughout. In thing his bill, the plaintiff was nut distinct upon his charm of cliy.right. Ile knew M , . Atiermthy wa s a master of language; but, perhaps this may I e few e.f the peen. haritiea of his writing. It, could rot know it 24 Ma; he 64 deal with this aril:tett es aril any other. Dots Mr. Abernethy sly the inertia a are &Pc' creel as written pa pen ?--he does not. lie conceived this to he nue of his periiiiari ties ; It might, he dui:it:lit, lie a tins-nailing. Ile looked at the • affidavit. and he toned it del not de , vribe these lecturer as written compositions. Lott as deliy.at .! front written papers i and thus both bill and affidavit agree in stuti:e. they are nut writtcrecoutpentitiors. Thine is ito part ni the bill er affidavit to show the distinct of any document trout which tit...cit . ...emirs:awe hthen. Ile did not know Mr. Abernethy as a public ibeitirer ; he mind, knew him us de scribed on the rerun!, as a surgeen, who hash certain duties to per form at the Hospital ;it v. - as part et these !duties to pertorm and su perintend operalions, and teach the stmt.:v..le. Ile hail also to lec ture to the duelers ts men these operatiear, if 3 discourse it his cello. finial manner C• 11141 lee called a loner.% Ile had ti ailvi..e the students, unil had to pi rMrtit in the agevegate, amounted to those a a stirgcoo, rot of.' tilling a professor's chair. If he refused the performance ei se duties, he would lose that &inrn teal Willa' he sit th , :e . % :illy idled. Ile was to state facts tending to the adroto tt . :it of sitr%ery, the usages countion to surgeons, and which should be et:teeniest to the young men who are to he surgeons here:nor, 311.: Lilo, without the benefit of these instnietione, would have it,, rts‘port to their itrofoOtion, according to the regtilatioine of the Col tge el' urg•aos. link rithl this si tuation be avaintilated to a fret: -say u, cheir- h•ite oath! it be compared LU the ease of a suer . n ? Tarn. was nothing Ilion: unlike; there was no torniblano• what. ter. lie did rot k: ow what :he Tplaintiff's case was ; he did not lawn hoe to deal snit it here; if lie had to prove facts. if the imestion was in a t curt sat lets, he would know lute to deal sith it ; it was a Inn dig feet, and Hunt fed upon the other side, that such a case as this had never been heeded. An injunction neyerbe grant. it, c!.retit when the matter wasclesr, nor, he would almit, feint, :timid dee:shim lan from anaingy of reasoning. our should it he impute.; as a stat;eCt iit Wattle, that he did not iii,,termarl tit •r in his Lamed Friends when they did rut in:de:moral it ; they took not the facts 5.5 proved. nail then Caine tithquely 110 their conclusion. The law t pen the wets clearly laid down in the statme Anne, which re Gaud to all a rit .eit evateesitioes, and it was iii tided in the inctasice of Cwt. wit, puti'eshei Pope's letters. Tine: did not tesetulde. Boswell's of dolteson, in which e o n e .r..ateilis Were tarried sway. The t.ar of 31,1.1111 &II HA apply. lie was not a publisher: he was rot mein t•• recite a play; it SAS net with a matter on dote ; mad if he wrote a pi,e, ;on; it to the actors, tin: would be a at, lint such was no• the case, air 1.11 l tall for hits tit it le nett:t. and Tee , iced money. The short-lei:id writer was pad tie guilt.s for iakilig down le sot ie . :shout his authority ; no initiecoon sls grain en. and if ii Were nut, dense who ITTOIV 1 . 07 M 12111.110 Wald K.' the 1:1,,S1 WII , TIaCC , II.I or all authors, and no tarn iLidattl ileVide hiss Ittlittittir to c,anisly. In the case of Macklin th, re was 1111 athlete n o d a copyright. In the pnesent there win neither. list OM 'mold be Butt. The opposite. party colicein il the f.ae imblication to he immaterial. lie could nut 'Alma them. lie should rirettillso7l l .w Ins atgu tuent within the law. Was the oritv situ It centde.t. at with general reason at !his tint: sit e Would um the t.n,yeiiirm. , • of granting this iejuection be e :liar eetedetbetine.sl by the cen sequences ? ar. IliTt.,tlll%, etiailtittrieal.34 tinter facia 01 int voidance to the pt,b!te : C.,. cememettly with I.;eneral prin. Niko, or with the ailtae ,- : ,it ct to he ? I , was vitally inipor: tilt to tile mil I e that toes niave. tel with knoglOw• in 1:4-11ttl T• 101111 IS• et/W..1:11,1e O T 1; it T • 1 . 1 i gol y• T irlt etas to MV. ..T/ITTIS-AtT 111.11 Lis pi:C•111•Ol! . ..-11 010,11 1,1.1111,1 omit; 1 , Was DM 11011. 111: Cat•P...:l it the concealed. No iopinction eta t. g,..ni.sl sin: oldest, ILe csistetive of the Uk . lk t an he show tl. Ttee v 1, , work., it was a men' come , .itty p:-rice rte r h. a- et .c , einbiai: tato root aed mg of pyre -y, with ,it compering tiu• work seita iler low could hut. 1i0n;.1 , , , know it the clia.%;•• met t.s.e . m•itholit Sttell witiart.... Tat , I'ollll Was it.o! tit i!..a' • Abernethy as s 1. 1. wets to be sticted lilt 1,/ ;11111 .• to all el.• 1. 11* thin Were slot e , I t.,• , ~• .• To jute, unit it soi,i,t t , .• sac. 4 0 : re It. - ...• . ~t taco , over aldelt '.ie • ! . , r, • I': • -.• ; ; :.lia,t th 1.:114. I • : teuch the ptit,:x tl.nr t.: oug4t lug I.) b•• ^..r.. I won, •y •t in. .~ ~., ~: ti S:c th , •y in /ail and A Ilt:t13 may put f0r„..., , ; • . : no an ora. r Otalo.• ; jantlion, not hr lie c 41t4r he entilit not lin ' of ati Innen - mitt. .• t1et . ...,41 ant. L. e3.se • . The I lintLett 11r .0.1 that room n I 111 , Ci! ,, i1 it U:1 Ii Itis l'rofes: eh , . I r.lti +Nor .It I,r ; ot ; II %VAS t , I 1`..7t lIIV 't lii lit Li lush .iun:i:ct• to i l, Sarg,..:va, thry I . e.urrem ...I.! hot “ , tend his 1.% - tures: att.! : , e was Itil: itrIVI I ta:clat the 11 , . 4 1 , !ta1, is li;, up ot tht• l • et . O• S. Til e light r •• , :ce thl not mean to lent/ tlw !i• !Hoz: it 31r. %Ott ori tLrseru! ca. o: what :X% 4 , 111 , sur:eint TILL it tz,.r.• truly. .is r...t ritthi•r a 17...tt il.d it not servi• as a chid. tivoli 11091:to! rr 11 Om h r. 3 inter,st in st,irli matt, N. Kai they rot a right t o irtorina'on The ;To.ote j Ash' %J.! rh.1 . 1 • t./ surgeon. 1(1 1 1.1 :he tt - o•or ; caul.! "- tleny .•Ir . d .t 11,.:11t t t.11: - .t they hal I:is an ;uiti,tit wan, 4. , •. 1: .h,th. 1 . 3.1 iir. nn,l tar ,utYl.•;,:tit 1./ t;! \ • ; y :tail a right to his colloquial :oasertions as well as to his matual MT SIMI. If the gentlenosi ooposne did not make a distinct's* be tween the plamtilf as surgeon and professor, they hail no right to make a distinction in what the defendants had published. Theis was so analogy between the professor's chair and his other acts.-- Even if he (Mr. Home) admitted Mr. Abernethy to he a professor, though the argument of the opposite gentlemen Inuit: be advance d by the admission, it would be far from being clear. If the fact were clear, why did not Mr. Abernethy stand the test of a judge and a jury in the Iloort of King's Hatch ? The nolhitor (loon!, though far beyond him in talent and experience, wmthi completely fad. He would be without initidation—he *mild hate no original to oenduce—he rertaiisly would adorn the ease with his arguments slat his eltinencr, but he wank' have no ground to stand on. The plaintiltcomplained of the irremediable mischief done him by the publir..tion. This may be the cue if they were libelling or in juring bin. ; but this was not the ease ; Mr. Abernethy was con tent with the manner of the puldication ; he only complained of the minute fidelity of the party. Here there was no mischief, there was AU manuscript at the lectures, and the eittimot person was, it lie may are the operation, too hay to publish than : but fur the bawl, the productions would be lost to the weld. With respect to :dr. Almelo:thy himself, he could only complain in regard to pecuniary profit, and who ever beard of irresuediuldy mischief et such a nature. It could only be said that the sale of these oaks would perhaps be injprod, As the public wad glutted wilt 'he scien title diSCOVeriell of the eminent, perwen ; or when, perhaps, • pubh ratio,' was heroin - ter to take place, with a view to postiontioui repo tattoo. it may he said the leetutes would not sell as they winsid if the Lancet had not told the world of thews. This was the irre mediable mischief complained of d indeed. the weed's " heeriedie miochief" seemed to he ono of the yecoliarilin of the plaintiff . , There were cases in which mischief of this description raised an equity ; but here it was laughable, as it way said to stint a work that may ditor day sec the light, and then would nut sell as well as it otherwise would in consequ ence of the publicotion r t the Loner:. Hr would sot mit th a t the of a faithful transcript of this work was m o st useful to the public, ewes to the patty !Ornstein It was of use to pthiketsiotial men, as nothir.g would enable them to practice sith cure cotifittenee and Ptiree., The ;,optforfoo of the work would he a prejudice to the rising generatiot. of sorgerms, and to the piddle at large. It could not be attempted by Me. Abernethy with a view to pro!lt this consideration he would throw out of Court ; lie could have no good paound for its suppression ; his oheiction to the paper :oust be merely fanciful. Mr. Miami' Ext.. upon the same side, was /ore his Lordship thought these lectury% were intended for the public, when he in timated his opinion of making short work with the question. These discourses gine no copy-right. With regard to linswelCs Life of ./eArtem, though it enniMunicated instruction and phonon to many, it was also pmducti 'e of much pain, and the work would have been suppressed" tithe panics had had it in their rower. !Here ors] speeches pose no right of property t the object of the Act of Aerie was, to give autlown a noire beneficial Tisch" than they had by the common law : it ref:roll to books conspored and other aritings. The work to be entitled to this protection *gook' be demonstrated to bo a composition. This principle was extended to musical modur thins ; and Captain 'Vince, who was the composer of a fa vourite dance called after him, was showed an injunction- Ile printed the dance, and lent it to his trie.tes I It Was Pinned and published. Ile obtained an injunction, because the dance was printed. But would any Man tell hint that an injunction would issue, if any bode were to whistle a duce about the stereo., and another person, hearing it. noted it down, and published' it? Could thin give a copyright to the former? Certainly nor. Mr. Alsernolay leaf too late in his application for the injunction. The etas, of the Hospital term spoken of: there were rules for Mr. Abernethy 's Instructing; bat there were none to prevent the dissemination of his instructions. Any spec tator might tell the public what passed merely from memory. Why should he not as well as Mr. Abernethy, who also repeated from memory ? This case could not be assimilated to Paley',' Lee totes; they were written pnllications. It was wrathy of remark, that in those lectures whole tom:cores were taken from John limi ter. Mr. Roadie, at one of the Hospitals, read his lectern Iron a paper, so did Mr. Green at another; they were right in so doing, if they wished to prevent a publication. The tiothotroo..ino Ell AL briefly replied. He said the whole ergo turn t turned upon thediffercnce between cry/ and written le-tures. Ile insisted in the former case the Professor was tug much sanded to protection as in the latter. The lecturer in either case was not safe now, for the short-ltand writer, is his rage toe publication, proceeded i anemic (safari°, and gave the entire to the world in twenty-four hours. As to recollecting lecturti, it was hail tv speak on the subject, memory was so di rent. Professor L'OllllOlA heala wonderful memory. Ile had heard of another person whore pealed every word in the Morong Voogd . 14 after a single reading. The LOBO t'll ANC E 1.1.0 N. upon reading the papers, said them was no condition respecting the publication by the studenn. It was mentioned in these documents, that the candles were put out during the lecture. ,He did not know what the note takers diet trt the dark. There was a difference made between students asp poplin. The :intik(' i TOR 4; 1: Xt:it AL said this diotinction made the can.. a degree the stronger. It wan hot said upym ilia record, whether. the vote-taker was a pupil or a stranger; if the latter, he should be considered as a trespasser. The case was as if a letter contain ing literary matter was written to a pet- on; he had a right to swat, but not to publish it ; the letter was, In such a case, a kind of trust, property. The Lawn Cita wcia.ton said the question before the Court was ninety as to the bowlit derived to the public front the public', then of the homes of the distinguished lecturer. It did not relate to the moral question of how the publishers obtained vossessiou o; the matter in question, whether it was by A hooch of trust or otherwise. Ile was obliged to recognise the prtociple, that he had no right to grant MI t1:11t - %4 he WAS strongly o f '.pin, that the legal right was its the plaintiff. When be looked into tl e rase of Taylor sod 31illen, he found that no question was sub. mined to the di:4l,ns respecting literary composition. This was quite unsettled at the dis,:tission. lel engird to the question beton him, when the alf...as it of Mr..thenictlay was expounded, it stated the lectures to be reed f written papers- 'l - hen it was sag- , gco:ed to him in Court, what was the deseeiptioa of notes from which a lecture should he read, to gore the reader n right not goo' by law ? If Mr. Abernethy claimed this right, it should be counted with sues a hill ropy as gave I a sithstantial right to the 4:10-- right which he demo:mirth lac I 'mat was call,d upon to grant a reitietly beyond a legal one, that writing should tie pre_ timed of which the lectures wire a copy. It t h e plainloy thought lit to show this writing, be (the Lord Chancellor) would give boo until Monday to pittance it, nod he would then look into it, and an what was to eit from it lie the publisher. If Mr. Abernethy did not slum this writing, he would he obliged to act judicialie mom the ural matter as a qmotion of property. If lie undenuond the atlidat it of Mr. Aber:loin, he was a lecturer fur the purpose of giving instruction, appointed by the Governors of the liosynai. The question involytil so much abstruse leaning, that the Judo,* I declined giving En opinion upon it. It would therefore becorna Lint to know what the opinion at law was, before he granted as injunction in motto:litho! terms. Ile would give his decision on the question before him in the ropeettul meets the eminent rersyn deserved. When he looktd at the papers, he frond *onto expos.- *ions of a Imitator nature, wittch a horned man like Ale. Aber nether may be sometimes supposrd to use. Thew then/Mrs of :in.: 1.. m...; sums i,!t mit . ; the lectures.. From any thing that tell front hins he would nut be undetsiood to say, these tho gentlemen of tit., 141.01 had a copy-right which thry would be entitled to lson.g an action ; those poiodiral publinotions not showing flaw they came into immersion s.! sue it lectures, had no copy-right. ' gused.d hint.elf against giv o r ; any satin:ion to this d.'etrine. V. Ile resp.rt to the hrt-a.M of .e I the tircuinstances ruder aloes the defendants bee:tll le 110,-;,,,es;i the matter published, be second be 1160 phut to be to:hotted by thori. Further he.uriug 011 31i1:ALLy. (I)CRT, SATtritcay, Drc. IC. N , 4 any business of public interest IV2II trausactel in the Court, to -day. COURT OF KING'S BENCH, SArrnpAr, Oct:. WILLIAM 1)A11 GlItno! PoliplvoToN. REASC:ti ~i' 'lilt: 1.11% 1,41 Ck V. TLia r3U.: ou.tpi.:4l thr ALA: of the .1.. y. 1 feature ;.t :7et:, imeres.. It awl an action bro•ght by toe ;•... i..rt osuyr of I )own,',4 t'i • Isor Ctrs; _ Conliartoy, for having. in the re:s of uilkirt: into Dock, iniitml foundA: the plmntili-s abut, tho for repairing %hie!) had boat toady at 2,IWiIL, with other 4%1., ttnttutitit:g to tt.ith'. 31T.ScAttl.r. rr two ohe..t ions to the SIC!!11,1..-511,1, t:Lit t: • 1111111111 A .11. tr Ir:1110 avcortliog to its:: thr.:cti..t. t. I tork l'i,,t.pno) .11 '1:11;ro. . • . . . '1 It'.o .I . r NEN -6 •: S! titaiti!ainni Otat tu.. lx a:g :t 4 ,1 1 the ca•t: ILr Sik 141 if was hei , I.lat t. s!, aild be coa.w...neel, tip! a iaun t..x months ~.e i•i ~.~'~. hat ur.:y ~~..;'. rtm.. eA: hal ava:at,a:ll,,!. The Cot: . . - t vrerral..l th, •ob.er‘i,•!:. that ti. c a.- • ore o: the easo is uh.tlt tilt pralcipks of the cotottlan hta. want,' I..ttonattly t C. , 16Ir11C:i0:1 ot as Act of I'-1.7: to Cite injury el'nn inat‘iduat. or to the sorking of o Lt le. St'A't LEVI ‘t oto lit not !1A.., taken such I ) tha: this t , as the first of winch had bee:: brauAlit ott , r.lry t•aL: :hr rrtiva was, thr ! the t. • tt . r di.trrt train :11t. Ilt . 4rrkt 1.1.i:.1 Lit 4.0 et aria tl:. t will was o!tl, Irt.lll acct:, 111▪ I`.l tqi,t %Oh! Luau Curry it 1: twieliy terapite!e,..l the cviden... 01'.4.1 . 611.7. Acts relatolg to th, i.orltEt Docks, ha•l t.carr :I; . i - .4.1 l'otova-y mn) v:titt protection itgaittat Ulan vs CI . :11;.:,1 by p,r«rrn in gencr4l. 'l'm Jury, atter a very s'iott. constd:atioa, non t‘i a fr. . 1.1.1:•.itt..._ I lanis,;o.:„lfti. T . ,, NT.% applir.l to .Itidg", to certt:v that the cam: wte It.: a .p:: eat Jury, and t.. I.ordahip coo,. arced. • C:TRT ( 0 : 1:03111ON 111110.1. Sat I'LL mitt u 13. ;'• CI STON. Titus 11%14 an 3C::•nt of trewns, for itt , turhing the pLuut. C t p WRisuMl of %a.nr prortily, xittliated bvt•II:15 l. 11.• 111.1 Puke I, fret ei the evidence of the plAintifl".. pofte. , . . t!:.L: i,' 1 the rrorvrty in ques:.jn. i 1. 1 1 I h ji