The Sun. — London, England, 1803-12-30 00:00:00

' 4 L AWE' REPORT. couler OF KANG's BENOIT, GUILDIIALT.. SITTINGI, P.LEORE LORD LLLEI.DOROUGIt, DEC. 16. 111111:RE 4J. DAM!. Mr.SCARLETT opened the Pleadings. The De., clainition stated that the Plaintiff was the proprietor anil tiAd the, copyright of a song called " Abraham Arm !awl," that he hail a right to print and publish the same, and that the Defendant injuriously printed • a nomber of these songs in violation of this copy. right. Mr. EIVICINE stated to his Lordship anti the Gen. tlemeo of the jury, that the Plaintiff in this action was a mustc..Seller, of Liverpool, and that the De. fendant was in the same line of business, and cer. tainly extremely eminent in his situation of a music. seller, having 5h tps in dial ent parts of this town. Ile had one in 13.11d.street, ;mother in Cornhill, and a third for he lovers of song, in the midway b e ., tween the one place and the other ; and, therefore, he clid not mean to say any thing disrespcdful cif him. This case might he considered by many, as of small importanci! ; but that was always impotiant, that was al tended with benefit. Lord ELLENBOROUGII here asked, if this song was entered at Stationers' Hall, pursuant to the Statute of Anne ? , . Mr. ERsxtro 930 it was not, anti that it - was rill neeeootitry in an action; it was only necessary to he entered for the purpose of the penalties. His Lordship asked, if this song was a hook ? _ _ Mr. 14.. it Nu replied, that .he should most ly bring it within his Lordship's jurisciitiion. The subjed.matter of this ;talon was this: Mr. Dibdin, who is a man of humour. and genius, composed a little Poem, which afterwards, in different parts of England, wdi set to music ; and it was a Poem on the same hubjett, which had occupied the greatest Pipets in the world, in all ages. No man was better acqu4inted wit loin the learning of the anti/9u world than his Lordship. This suhjra had occupied the Poets of all times, " The law of Mot:EY." From the time. of the Greeks, down to the. time of our own Satirists, on this very topic: 0 elves, dives, quxrcnda pecunia primum est Nimes post outimos. Money, he said, produced Many virtues, and a great many vices. But suppose there was a correa trans. lation of these poets, he did nut think it was pro. beble their beauties were likely to engross the at. tention of the mass of mankind. Sir josima Rey. nolds, who was / a great master in painting, used'to say, that-" it required great taste to see that which was excellent its the fine arts." A vulgar man would he apt to set the same value un the paintings at .Vauxhall, 'as on those of Ruben*, or of the first masters ot the art. Mr. Dibdin did not address his verses so much to the learned, as to the mass of mankind. Ile chose for his subjed the over-ruling power of =Joey ; an I 36 Mr. Abrsham Newland wa she great representative of our cuirency, which had 91) long stood its ground, and which was like. ly to continue so to du, it had been Called after his name. Ina Learned Counsel here read the. Song, with which the Public' are 'perfectly acquainted. This Stang wasfrirrety avant to flaesent the value of our Paper Credit, the name of Abraham Newland being to all our Notes. Without entering' into rite molts or demerits of this Poem, whether it Wll4'giiod or bad, it certainly had a great , number of readers. It had been heard in Theatres, and had been bet to Music, though it was not r ot the MOcie, but on), - fur..the y;,ortiv, this aftion was brought. • Lord:Et..t.eNnosotrott wish9d to see the Sib of Anne,' re;ative tFI !Ilk subjeft. Mr. k.RSKINit observed, that some time ago this was inarlet ut t trear con , roversy am mg the greatest judges f and Lord Marsti,d,l - considered it as a cumin.. re law. right. That, independent of the sta. rum, slier s as a right vested in every person who was the authur.of every composition, to prevent any other vr. r 1 ree l riving 111nt of the fruits of his in. geiMit,.. Other Judges entertained different opinions on this suh . pet. They . held, - while your bird was in run cage, it was 'yours ; while your s book was in yout do,et, it was your property ; hut the moment ii was published, it was competent to others not only to read it, hot to copy it. To put an end to all disputes oo allis subk6t, the Legislature, in the time Anne, gav,! the author a vested interest in his work fur fifteen 3. ears, and, if he was living at the end of that period, for 'another f rurteen years. There wtite penalties annexed to the breaCh of the copy. right, wt it+ were not sought to be recovered by this -Aaion.. But, in order to recover the penalties, the LegiStwite reqaired the observance of certain forms and cermonies, as, that it should be entered at Stationer;.' 11411, &c. Lord Et.t.i , Nnottouott here observed, that the vesting clause was detaciied from the penal clause. Mr..Eitsitme obsetveili that Mr. Dihdisvhaving composed this little poem, it was set to Music, and he had , a Witness who used to sing it Stage at Limi:cipl. His 'Learned iiriend, perhaps, . might say,' if you allow a man to sing it on the stage, you have list your copy-right. But that 'he denied. Nothing could make it more public titan a publica, tion which had not that elf eel. • Ldrt! ELLENBOIOUGI-1 abked, if they could matte this song a book : it was ooiy one sheet, and the 'word in the y mil 1104. If Mr. , ntoctiNe put it on the ommon Law right of the party his' Lordship said he had an opinlim on that point. Mr. ERSKINE vitt, he shots d never desire his Lordship to decige it on ,that,groui.k.l., It had even ben , deLided that.Aiong,is the MI 401 Par. liatneot. ' Lord Et.LErnottoucti,said, that score 'night be a-print. He asked the I.4earned Counsel if they had any decision that a aong,was a hunk, within the meaning of the Aft of Patli.tment - Mr. EttaxiNt baittit had been 30 deeided, Lord ELI. Es NOR Ottieti Said, he rather doubted why: het there had been any finch .titeision. Hifi 3, 01 4 0 1iip adverted to the cases of Becket,. Donald son) iler, ea. Mr. ERSK IN l ' rltillpOSed that if 14 had written 4 t "poem of two thousand stanzas, or of twenty, he cin. ftended that gave him a copy- rightign that coinoi. !Lion / which was the worktf the !Inman mind, witb. out regard to- the lentil Lord rtro.itNaoitouon said, : the term used in ttie Att nook, which he, thought was material, consi. i dered the regulations on this sithjed, in the time of Charles the Second. His Lordship, after looking at the Aft of Parliament, thought they could hardly get on with this case. If it is to be a book, said hiS Lordship, I shall not extend it. After having been at some pains to understand this subjed, I cannot agree in the opinion of Mr. J. Yeates. Mr—ERSKINE said, what he contended was this, that this composition was a poem, and that the law, applied to a poem whether it was long or short. This song was only one sheet. How many pages must it consist of to constitute a book ? Must it have three or four, or how many ? Lord ELLEtillottoodti said he was quite clear on the Statute, it must consist of rezplurali:yof sheets. Mr. EttsKINK• said, if this Poem had been printed in large letters, it might have been made to amount to several sheets. .Lord - ELLRNBOROUGH said, it was very likely they might have spun it out to make it a book. ER3KINt hoped his Lordship would save the point. • . TAM tt,LENDOROUGH Said, -he was of opinion this was not a bOok. He did not know how far this might be carried. What was to - be said of a hand. bill, or of a single advertisement ? This thing is neither. stitched, nor does it consist of a variety of sheets. Perhaps it might be said, a book is that which consists of a number of sheets stitched or bound. He did not say that was a perfectly red definition of a book ; but he was clear that a single sheet unstitched, was not a book within the meaning of the An ;, and, therefore, said he, I think the Plaintiff ought to be norhuited, on this ground; that I ,am of opinion, that a song on a single sheet is not a book within the An of Parliament. Mr.. ERSKINE said, leis *Client had purchaied it quite unconnected with music, and it was afterwards set to music from an idea it woultthe a . popular'song, hut they did not pretend to have a cnpy.right its the music. Any body might sing► the,song as Often as they. pleased ; but. what the Plaintiff complained of was, that the Defendant had printed the words at the song. Lord ELLENnoitouctr said, Mr..EitsittNE had opened to him the whole field of literary property, and the common law right of Authors, on which there hal been a great difference of opinion. Mr. Ethics NE said, the case was sufficientlyon his Lord,hip's notes, if he shoubi haripen; to move. Lord Et.t.stanottooGil said, that two words put upon a card, or one word, might satisfy the Ati of Parliament, if it wen to be carried to the length cosnen&kd for. Mr. Est,tocut said, it was qnneeessary to' serve, thai some of the wories.pf Mr. At rahlm Newland, though very small were extreinely yaks. able.—Plaintiff notsuited. • COUItT OF EXCHEQUER, ac. 14, yitigicurr vu. JAcKmAN. Mr.,Pt.trutitt, counsel.: fur the Plaintiff, opened the cisite lay stating to the, Conrr, that this was a Bill tiled on the part of his! client, praying, that a title to certain. lands .in his possession, which, by accident, were invalid in poim of form, might be made good. The particulars of the case he stated as follows; the Defendant's grandlathep, whose daughter had: been married to the Plaintiff', bud a copyhold .estate in his possession, consiSting of twelve acres of land, which was held of the no* of Horsley, in Northamptonshire. He had given his note,to the Plaintiff for tool. being the portion which he designed to give with his daughter. The old man afterwards.being touch distressed for money, the Plaintiff had advanced him several small sums by- way of loan. The Plaintiff's lather.in.law not being able to pay him. these sums, nor the tool. the appointed portion of his daughter, requested his son. in law to take the copyhold estate at, a price agreed upon. This- the Plaintiff, after .some hesitation,. agreed to, and, the land was accordingly, after the costom of, the IVlanor, .surrendered to him by ; his father-in-law. But the old man died before. it could be perleaed. in point of form. The Plaintiff, however, took possession,, and ,continued lit 1,))4.6e4- sion till the year 1798, ,Which ,was 'ten) ears since the time of the surrender., At the end of this pc. riod, the Defendant, who is 'grandson to the old man, though; proper to - dispute the Plaintiff's right, and , brought, an cjedment, which the Plaintiff could not answer at law, as his, title .was nut good in point ofform, He, therefore, applied to this Courr to put him in the,same situation, as if he had been able,to have completed,,) is Ole. The evidence of a Varity of witnesses was read, to prove that the Mina* Was 'in equity entitled to the estate in (petition, and . that he had paid a valuable consider. anion for it. Letcn, Counsel fore the Defendant, 'corn. mented upon the evidence, which, in many instances, contended was extremely suspicious. Besides, the grandfather being on old man, and affected with a paralytic stroke beard he died, could not be sup. posed to be sound in his mind. Ale, however, had no evidence, and, moreover, the last point was posi. 'lively denied by all thefleintiff's witnesses. • The Court seemed disposed to grant the prayer of the Bill filed, by the' Plaintiff, but delaYed giving a final - decision till the arrival of certain documents, necessary in point of form, trout Northamptonshire. On Saturday morning, last, as the mail enact) was preparing to set off for London from the Eagle and Child inn, Cambridge, some thieves stole a basket with a turkey, and some other parcels, from the top or the coach, which being immediardy missed, a strji search took place, and a fellow was appre hended,,who fortunaiely for the Public has lea the discovery ola set of housebreakers and receiy,ers of stolen goods. A great :quantity of amnia, web as stockings, Cilet4tii, wine, hardware, copper, and other goods, with a number of base coins, resem bling guineas, half- guineas, &c. (ail of late ) have been discovered, and wore are expeeted. ~ ~ ~ ~- . 1 . ROYAL AC ADEAIY. THOUGH we are .unwilling to report the Pro.. eedings of such a respetlakle Institution as the Rnyal Academy without due authority, yet as the Pub_ tic must feel a strong interest in the : , rogress of the Arts, and as the following account is given to ttic Public. as, authentic, we think proper to insert it ; and shall most readily admit any correCtioi, that way be sent to if this statement should be,erz.o. !neous..., f . In Pebruary last the Royal Academy fixad the subjeas for the Premiums to be given, on the foal Of December following, 1(4 the best designs in Paint jog, Sculpture, and At - chi:olore. Some days &ea. pus to the deciding on . the merit of the works otTered, each Candidate is to attervi in the Academy to make a sketch, of a given subjed, in the presence of the keeper or Secretary. 'Several Councils had been called todelermine the ' subjeds for,the sketches; but, "frolp the versatility of ,some of the MeMbers, no resoluti on . h a d b een A . Come 10. At a Council held on the t9th, expressly to determine the question respelling the Sketches, the President and two of the MemberS oppoSed the giving any Premiums this year ; contending, that . as the Proceedings of the Academy - had been inter rupted, and the time passed by, no Medals ought to be given. .Other Members '(recollecting they had been young, and Candidates also) could not help feeling for the young Students; and, after a very long debate, the President and his friends, were over-ruled, and it was deter Mine d. to give three Medals on Saturday the 24th of,December. The Students, three in, Painting, one in &nip. tore, and two in Architeeturt, were direEled to at. tend; they accordingly did so, made their Sketches, and thereby corni,lied with the ilitettions of the Council..* The General Assembly met to determine the Premiums on the 23,1, when, in opposition to the vote of the Councii, August 19(and to the aim. nishment of same of the Members, it again became a question, whether an) Premiunis should:be given. - Mr. FAR t NCTo N moved a ballot thereon: Mr. SOANR objected, and stated, if it niust• 7. , L , W be a question, it should he determined t holding up of hands; this was.over.ruled, and a ballot took place; when it w as d eterm i ne d to give Premiums. The Assembly then proceeded to ballot lilt: the successful Candidates, which, being completed, the ballots were sealed up, to be opened no the evening'. of giving the Premiums. i On SaturdAy the 24. th, the, General Asembly met, at seven o'clock, for that purpose, when the President &dared a gold Mail WOUld'he• given fur the best Painting, and another 'fo'r &ulpture,, bUt none for either of the design AiNtetiort. Mr. Fiuttive;ToN stated, that . on questions of architeaure, himself, qnd thos e ~* bo aWed (1.4. , ;tb him, being Painters, 'Bvere. always deielmitied by the opinion of Archite4fti; and thift,'on the present occasion, be bad consulted a ineinter of' tUat body, who had been in the mint a few minutes that morn.. ing, and declared the designs utterly unworthy of a premium. Mr. Soarte replied, by regretting the absence of Mr. DANC P, the member, probably, alluded to, whose opinion, he feared, had been misunderstand„ ; and,. so tar from a g ree i ng i n t h at op i n i on, after Ma. lure and impartial consideration, he \ solemnlyde.. elated the t wo d es i gns in question were, in hi's judgment, entitled to great praise, and in no 're, sped inferior to any yet presented to the . Aca.. dewy ; while the sketches were, if possible, still stronger proofs,of tEe 'zeal 'and Merit of the Artist. He felt for the credit of, the Institution,' and was' alive to:the situation of the Students, whose names had nut . been declared,. arid which h e h a d no doe t o guess at : he deprecatCd the . iiijuirke and owl! ) , of 'lifting on an hasty deei,siOn, and lamented the evils that must follow such a flagrant ,violation cif the laws orllie AeatlemY: Hc, Intreated the omeeting to postpone, at least fora few days, the further criniile6tion of the 'designs in dreliiietture. He conceived, in . fairness, this request schuld be !flitted, particularly when it 'way- thlt, out of forty 'Aeadetnicians, the're ore only ‘foi.ir- Architeits, DANce,SoAuk!, , l.Vl , :vr , ;V,t4a t id Y E NA' . ; and that Mr. DANC Pi • who hat' 'ooly• taken snry view of the deiigA fcir"'ii lcitr , in`•s t s t esi W4S nor present ; that Mr. WY ATT was out of town.; and Mr. So'ittlit , iand Mr. .:Vitt , lti• fully decided le. speffing the merits of. the dosigna Mr. SOANR then priVosed a motion for delaying the farther conSiderat ibh or - - the sulijen, and , that a General-Aisenibly shn'altille'ealled tor that purrir,t.. Thig queition, On:a ballot, {was -lost` by decided - • majority. No premiums are, thhefore, :teeth:ding to iltc above statement, to he given thiiiyear to the Stu. dents in Arehitedurt.' • ' , . The arctour of our V°luntetis deserves .the N ailed and gratitude., ,with which their conduel hos been :mentioned, but as there arc still .among ; us manr who are many who :ire cattiest, arid many who are. narrow.miniletl,• it is the duty.of every man who values the ble,iings of Freedom, %.0 1 0. 1 arc menaced by a powerful and unrelenting Foe, to impress his fellOw Subjets with a sense„ o f what they owe to their Country. We therefore think it proper to submit to their attention the fpl. lowing observations of Mr. AtlblioN, an enlighten. ed . . Moralist, a sagaCIOU9 Politician, a zealous Pa. triot, .and - a sound Philosopher. , " The most common, and, indeed, the most na. tura! division 01411 offences is into those of omission, and those of commission, We may make the same dtviiion of that particularset of crimes , which grad human Society. The greatest crime ‘vhich can.. be committed against it is Rebellion.`' The greatest clinic of-omission is an indifference in the particular Members or a State when. Rebellion aatially commenced, or when invasion thre.vens their Country. In such a jualure, though Indo in,ty be innocent of the great breach which is made up. n C rpvernmenr, or , of wishing success to the Hoetny, he is highly" culpable if he does not use all the Ins that arc - suitable to his station icir re_ . _ d i tieing the community into its former date of peace• -find good order, and averting all external danger. , IC 0- o I nitgation to he active on such OCoaitions appears from the very nature of Civil GoVerrialetit, which is :in instituting vt , liereby eve ate all confeder ated together for our inuttial defenc'e and security. Men who profess a state. of neutrality in times:of publietiangee, desert the common interest of their lv.ilobv.stihjecls and aEt tvith indrperidicAce to.that constitution into which they arc irlcorporated. The_ "fety of th..: whole requires our i.hoc endeavours: — Wlien this is at stake,. the IND/FFERENT properly a rat of the community, cr rather ate like • zay are an incuoibrance. to the body, instead of being of, use to it. Bcsitt.s . that - thepro.. teetion tvhich all receive from the.saineGovernitienti Justly calls upon the gratitude of all to strengthen itt as well as upon their self-intei est toTreserve it. 'rßut farther ; if men who in their hearts a re :,friends to a Giveromenr, forbear givingittheir ut ► ; most assistance against. its Enemies, they Or the p: iwerof a few desperate men to ruin the WAL. fare of r!r , se who are much sUperior to theni strength, ouinher, and interest. • It was a .remai r k. I able law of Sot,oN, the great 'Legislator of . 410' . Athenians, that any person who, in the civil Lu ',mules and commotions of the R:public, remained ovuter, or an indifferent spetimor of the contending Parties, should, 'after the re.estahlishinent of the . p thtie peace-, forfeit his possessions, and be coa• d'mr'eti It) yet TPtiodi banishment,. This latv, it necessaty fur every good Citizen to tae b"' Party, became it wal highly prob'Alhe the majetit/,. ,w - tuld be so %vise as to espouse that -cairsi.svhie ll ' was mist .agreeable to the Public Weal,'..--ahtlbY.-til ag ; means to hinder sedition from making ii4ucce' sl . 4, progress. At least as every *Prudent in man who might otherwise favour any Ote -L n-e‘ his-own temper was, hereby engaged,: to be w aive, bitch a Ortt would be sure to j 00 himself. to 1 112 .C.1 side which had Abe good of the Country must at, , lieid• • 'For this reason their f a ritoUs . •l.lwever corttietnned fl i t 1'44%0ns who S:11. Idle Kiln 'dilrilliOne so dangerous to the Government, am. Comitninif.y, and therefore to he cut off froirt it ati unprt;fitable rtilehibers. FarTher, intl‘frerence cannot hut he what I t is conversant about objc,,is which are so lat from being of, an indifferent natiire, tha: they arc' of the highest imi ortance to ourselves and . ou! , conntry. if it be indiffielt to - its Whether we are free sulleeis or slaves, whether. otir,tuler he onr, own religion, or ,of,one ,04; , 01)14 . 0 * him to extivate is, we are in the ttt: t t) four3ef , :.es ito trouble in the present jonaur e • irnJn: governs himself by the dittates 'at virtue, Anti, grist who' 7. as without :.ze3 ,l - or i " . "l". t dr. • hut when toct . l'ttonts that are of no COnSrqUCOCe • --- f i td~rt lc communit is epOtealrsialar: t ( i ) e r . S ' a f: C Y I . e • 'or••airaffe.fted indoknce l'iditY or per fi diousness. .• : " When in the tsion of Parties soma n s int • the'Prirce''s favour', only strove for the lust 'place to eti a tp.of when all were attached to the same must alio, isithaerplitirloomsopstine: t br diced in E r and migtie ht .no it, anti,,naut,iiteitic!uartrtdenat.,ll7ll3.oonneisy n rto great grin struggle with intlifteienco, , „ ta lc 1, !..to.ofrtitilitielgsinciese3sisalri!n:eull,ighet,r;litildie;hunvi::;llleulftencevtiell'err'edsEef`i.elo7,liinnl,3d. ltnjellndence of ther C° unt !Y'. or who f to their ou . i iys,trength xi their dust', should exert their anttet. e as the: , are Pro.. cause that LO All l'art te~rants anti Britous. to our fit w sulrje U, ante' OUS a iuke.twarns.itiligimecr may' {7 P i ca to an , its consequences as T re ason• 4Fe , 9 l) '; active obedience by the solemn Omits tOlits MA.fr.s . rv, and the neutral lclu . d Qt . 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