The British Press; or, Morning Literary Advertiser.
London, England, 1805-12-25 00:00:00

LAW INTELLIGENCE.
COU:I.T OF CHANcERT,Dse. Si.
COPYRIGHT
tug ASSIGNEAS OF J. end 0. eealNso. 9. 5000.
The Plaintiffs, had, in Jnly lam. filed a bill, and
attained an injoaCtion to restrain the Defendant
Ems printing, publishing. or selling. a hook.
dad, rms.. Sptiliag Book, on the ground. ,hat they
were entitle.) to the copytight, having originally
published the suns honk in the year 1770. and that
the author was still 'joint. To this. the Defendant
pat in his answer ; and, on his behalf, Mr Roo:L.-
I.V aad Mt. lieu.. this day applied to the C'tOtt•
AM the injunCtion should be dissolved. He con-
tended. that no copyright could exist now in the
Mitsui's. as the fourteen years to which they claim-
ed to be entitled. in it, Irte, were long sine
andoktme aft events, no man could have an
eselwitwi right in a spelling book. to which every
man r t the country was equally entitled; Mr. Vise,
in too work. had not evils the merit of compilation,
or any exercise of ingenuity, or anopeenient, as he
copied, verietier, as.' alphalseticalla, the attic
w Js as those published by \ lasses. Dyke,
Dil-
worrh, mid searrol Wien, who preceded them.—
There could be no snore copyright in this. trout
could be Attached to hors-book.; as all men had
an equal right to copy the alio/sober of our language.
If a Man thought pr per ono to publish a new edi-
tion of Bleed ,tone's Carmen: nd colied them
Blicklionee wh: ..ims would be rather
more applle ihle to them .: other, he would
nor be ent ..ed to an ivj :. against ar'other man
who should publish the same work. ealoptir.g the new
tide. It was tftl4:, tii.lt, in many caaco a tole page
became a cooyright ; for instance, if a win pub-
lished anew work, entitled Th.• :.'ye Ream, or
any other wertArn sun pert d'e :I pn ilication,
.that
would be eve ::..thy an c v.,sion of the property
v iced in to w-tics now gog by their established
title ; bit' it would b.: i lie to say site same of a
spell, oo es a horn-hock. Independently, however,
M al. this, the Plaint if. themselves, by eir oeot
!ache,. tad waved C: At right which th v pre ended
to have to A.I inj i 9ion; fin this pa :I.sation was
bemoi by the Defendant, and continued by him
ever -i-ce 'be y...ar 1802. sA i. hoot the least inter-
rupao.,, or rent hear* n of this alleged right of
olesoo ui.tiC2his bill was tiled against
him in the (non h ..; Jllly last. It would be in vain
for them to s iggest, that they did not know of this
poblication betore, as the hook was publicly sold,
and had a veep extensive circulation both in town
and country. and they had not even ventored
swear, that they were ignorant of it, If •hey could
prove ti tr copytight, they bad thin- ioote ty hi an
eat so in an then Court, and, if they so •cees'.ed in
e tabosh ..g it, then would hr th proper time for
then. to apply to his Lordship for a,. injonaion.
Mesir.. Ric-HANDS and J oinsom, in support of
the injunaion, argued, that. by law. every s had
the copyright in what his Industry enabled hint to
discover, or to compile that such a right extended
to fourteen years, after the lapse of which. if the
author were alive, he was entitled to the renewal of
his exclusive copyright foe soother term of fourteen
years; and, as Mr. Vise, wino was still olive, had
soli his might 10 the Plaindi, for a valoaole an-
nuity. their mess in it was on espied in 1802, when
this publication couromoleed; that there were no
la,:hat whatever in this tones foe, io /as, oh. Meows.
Robinson'. owing to the embarrassed state of their
affairs, and t looking to their rights with the same
diligence as behove. did not sassily bens of this
publication. before the time they filed their bill ;
that the Defrodant adopted the title-page of the
book of 1774, with the slight alert-mica of not say-
ing, t' By Mr. Charles Vise ;" but aantaieg on the
leaf opposite, a print of that gentleman, with his
name under it ; acid that, in fine, tie MOM eaten.
sive the sale of the book was, the more was it ne-
cessary that it should be Jistroined by an injuoftion.
The Lotto Cnoticattoa observed. that the
Courts could not be eape:ted to aft upon the
principles which seemed to prevail amongst book-
sellers
towards each other, but to condua them-
selves according to the laws of the country ; and,
therefore, should. this cause come before another
tribunal, it would be necessary both for the Judge
and Juty, to examine well into the blended ques-
t; ins of law and r $ first, whether this were as
original produCtion of Mr. Vise, such as lawfully I
entitled him to a copyliold ? and, secondly, whe-
ther, if he were so entiee-; to it, the publication in
question were an invasion of Lis property ? That,
however, was not the question before him. There
certainly were cases to which property required
the immediate prate lion of an injunaion, as
supposing a man should sell fire.engines after
the model of those most useful ones peojeßed
by Messrs Bolton and Watts, and which were
secured to them by patent. it would afford us suffi-
cient eroand for an immediate injunction. Certain
m Jicittes, for instance. which, fortunately or unfor-
tunately, toe most nd, were sold all over the coun-
try, were allowed the proteaion of patents ; and if
a man, by substituting one ingredient more noxious
perhaps than all the others, should make a change
is the composition of the former medicine. and
send agents in all quarters, to depreciate the patent
medicine, and recommend his own, he would be
liable to an injunetion, because he thereby deprived
the pubic of the benefit of swallowing all the poi-
son in the manner it was before administered to
them In the present case, when he considered
that the Plaintiffs did not disturb this publication,
or apply to 11. m, as they aught to have done, in
the first instance, but succeed him to proceed with-
out imerruption, for the space of about two years,
h. could not now order the injunaion to be con-
tinued, neither could the Defendant complain of its
having remained so long, as they might have put
in their answer before, end called upon the Court
for an immediate judgment. The Plaintiff's copy-
right was, for the present at 1e.451, doubtful; but if,
by bringing All .11AlL10, they should establish this
right to it by the decision of a Court of Law. it
woold then he competent for them to come to him
and apply for an injoilaion. At present, therefore,
ti mist .order, that the s ibsisting injunEtion should
be dissolved.

COURT CONMOS PIA Of111011A1•, D,c.
V num 0t142115.
This %v.'s as 4aioti for :none!, lent and advanced
to the Plaintiff's i.sa, grin twa bills of exchange,
amounting to 4001. and 3001. La the some of the

proceedings, it appeased that them were variant
1.11111 lteltstinionas and accommodation bills t
elabfe amount between the parties cow
het the chief question wee, whether this was •
dirt of the Defendant llumbk iv one i..
hit partnership concern was inr
from the banking account, it appeared. dm'
these bills were discounted as f.r hlemble Co
Bit, on the part of the Defe..dants, Mr. Setj rant
SM.PlifillD contended, that the trans nion we-
merely on account of one of the partners, who eas
concerned in the coal trade, independent of the
A vast contrariety of evidence was introduce'.
The Jury retired, and after near half an Ensures
deliberation, brought in a verdat of 1001. for the
Plaintiff.
11.15 C. RETWITOIt.
This was an anion to recover the tons of • 3st.
104. fort quantity of smelter (a metal s:in:iar
to
lead or pewter) consigned by the Plaintiff to the
Detendant.
The Defendant resided in St. Petersburgh, and
the Plaintiff consigned a quantity of this smelter to
him to dispose of, for ready mot ly only ; instead of
which, he sold it at twelve month's credit, and re-
mitted a hill of one Aucras, %also afterwards turned
out to be a discarded Dutch Lieutenant ; and.
since the formation of the bill, died in priain..l
where he had been confined for debt This trans- I
anion took place in the year 1797, and the Plaintiff
had no opts, r•tunity of recovering the amount,against
the 11 fendant, until some short time, ago, when he
came to this city, and the Plaintiff, discovering him,
had him arrested.
Mr. Setjeant Best-, for the Defendant, untended,
that the Plaintiff, having retained the bill, instead
of returning it in doe form to the Defendant, had
adopted that mode of payment, and could not now
recover age um his client.
The Jul found a verdia of li4L 10r. for the
Plaintiff, the question of interest being deferred for
the Learned Judge's future consideration.
TINItt•Ill W. ret.outintrsi.
This was an a lion upon an attorney's bill of costs,
for ssl. Ills 9d. noon two a9irms, the one against •
one Watkins, the rnher against one Gardner ; :he
amount of the tarn, r. 4i „s. was lodg al in Court.
The regular proof....ting on the pert of the
Plaintiff,
Mt ' -rj-.,fit ries r, on be'..7 .)t oi. Defendant,
!la. demand, on the gr00n...:, p gli:;rnce
ae Plaintiff. in not instroa9ing Coui.cel o. op-
e the bail of Gardner, who thereby was dis-
taarged, and the Defenda-i, in :he prese t CAW,
was deprived of the benefit of his suit. I\,-'ice of
bail had been served, and two persons, of the names
of John Dale, and Bennet Bennet, had justified,
without opposition. neither of whom were worth
one shilling; and so notoriously known in the Court,
that Dale was entered in the black-boot of the
Court. thereby tendered incapable of seer became
ing bail i,n that Court. The one was a penny-bar-
ber, and the other kept an old iron shop ; an !, as
one or the witnesses observed, had not eve
worth of goods in his shop, much less to the val—
et* 1001. Gardner, upon this bail, was enlai •ed. and
immediately absconded, and the bail themselves
being so insolvent, it was not possible to recover
against them.
It answer to this, it was contended, that the Plaint.
iffbad saved his client en much money, by um op-
posing those be, who, at all events, would then
have sworn through every thing, and would have
justified, no:withstanding all opposition. From his
letters it appeared, he had all along consulted his
client on the business ; and, it was submitted, that
if 1., were chargeable with negligence, the De-
fendant should proceed in the regular way, by
bringing his melon for damages.
Ile Cuter ksrica thought, that although the
charge of gross negligence was a very good ground
of defence in some cares, yet he did not feel that
there was that negligence in the Plaintiff, in this
case, sufficient to raise that question
The Jury, therefore, found a Verdin of 501. 13s.
for the Plaintiff.

This Case terminated a very long Sittings at
Guildhall.

PO L ICE.

1110W.STRIET.
Yesterday, John Powell, alias thavgvarrrir, alias
Nintik Fimiter'd Jn.-1, was brought hefore Nac no-
tns Bonn, Esq. charged with having feillilied
from transportation before the expiration of his sen-
tence.
It appeared. that the Prisoner had Seen conviCled,
about three years since, nt stealing a box from be-
hind a chaise, for whicn he was transported for
fourteen years ; and escaped from Woolwich War-
ren. three months since. On Monday night the
Prisoner was recognised by several of the officers,
at the end of Bow•street. talking with some pros-
titutes, when they took him into custody.
Mary Duo, hers Joists, and Jaltet Shaw, v.e-e
charged with stealing, from the shop.door of Mi.
Davis, linen draper, in Holborn, eighteen yards of
primed cotton.
Young Crockcr stated, that. on Monday se'n-
night, in the afternoon, about half-past lour o'clock,
as he was passing along Holborn, he observed tile
Prisoners, and knowing them to be reputed shop-
lifters, he followed them. and observed them look into
several linen•drapers' shops. They at length came
to the Prosecutor's shop, where tlime was a variety
of goods exposed at the outside of the door, which
they so-rounded and, on their going away, he ob-
served the Prisoner, Snow. with a bundle in her lap.
He Wowed. and secured her t and (mind a piece of
printed cotton in her apron. He left her in the
care of a shopkeeper, followed the other two Pri-
soners, secured them, and found upon the Prisoner,
Jones, a piece of black and white cotton.
A shopman of Mr. Davis proved the cotton found
upon Shaw, to be the property of his master. They
were committed for trial.

An Official Letter has been written to Sir LsiAC
Hs. A ita. fsy command f the Prince of WALK', in-
forming him, as Garter Prince/ill Kent at Amu, that
it is the intention of His ltovat. Hionercss to walk
in the Procession, at the Funeral of Lord N•asov,
at to Attend it conformably to any other regulAZlJi•
OA MAY be adopted by His MA 'MTV'S Ministers
on that melancholy occasion.

NORTVICII. Dee. 2S.
At a County Meetit•g. h.• al it ;fie ?Thi—house, on
nworlAy last, pai y.i, utenan-Cieoetad oiey's pro,
to wet r •il'itr to per,ie e y.e memory
f Lord 4A:tre georraii r tae
i.h-•itier'T .sod taken the C 'air. •-•e
.seness r.f r ' he Genet 41 was call •d
,i ;anent tlittlern , "at nos Wool be sob-
i.et were. aco•let 11•:11 kir; at otter the
MOW gf:MOA! as he Aid .5 a farmer meeting ; -and
said. eh ha cdreeideird it as :he hap,nest moment
of his lite, as watt as the greatest hon u tn. hare
made * i•ropinition that had met with tee so our.
eence of th g ntlem-nwho war, then pr seat;
he did hope, that hlt he.l,tai .rek 'ltipropose
he as well •eet eed. He hid 'S. al'd there wan a
nub to base a nionomen: : the Catholt al. ;oared
of a pillar ;—he woolsi nor say that wonld he an als.
sordity, but he would say, it tIJ lie xtrertiely in-
consistent to hie two church .uments in this, or
any country, to transmit to posterity eh? evertor+
*any Man. If, said the General, this props' lion
pass (as I understand it will he made). f sr turd
mime fro one in Burnham Conch, in which pros}
the N able Lord was horn.; rod that prnierity mi:ht
net be deceiyed,.c wont . move, lest slider it sion,4l
bread " Lord Y, low's Rah oil cal Ur here. but
ie
Chsi,',." If the Coy of L• mhos wnitld
re yon a hair horn Lord-1'414% m Iseast. ninth
they will not, if they -et a title v due up in it, t
hare your church moonrise and tell a. shot:,
*ha' hri darer. A Pillar is the moo' at rau
bate to delsawei
.Veroes. MOM/ to its t.. Chtusi'lln
are in ptfisisaltle manse RC GROS tOsl Va• i!. it
the pr,l4lst qtr. have d • toyed vouch inseam
bit they respell field monuments, citified vs p .
petuate the memory of a brave roma—OW •••
pared Pom ey's paliar--wr resweted the le
moon:tient es El d foe an enemy, Danirer's pro
near Valencielmes. •llere is a sympathetic feels tc
.its the breast of every brave man fir tho ch let
of a departed hero, avid he hoped there would me
be a dissenting voice on the suojeft. rire any
question of Any ennsernience benne thews was.
where this pillar should be ola-ed ? r.e h d owned
it in his mind, and 11.1,1 consulted many -Rend men
on the sang -a, and rec. had i
various 0r...
He should now beg leave to submit to their consi-
deration two---the Castle Hill was one. the other
o the summit .f the Castle ditches; it was a h
.an i conimaniing spot ; Iron" it the pillar wale J be
seen Irons All the turnpike roads leading to biter-
,wich. After various whet ryas •ns. the Ge.:eial
r ,•• • hit voice in Let or ot ,t,.e field me:gatemen:, arid
theta i the following resolution,
:
I-t. a sulocrirtion should be immediately
open,. • • Lit A Pillar to the Memory of Lord Vis-
count , ::lied in the late gloeious Vi say Obo-
taincd by .o r the .Combined fleets of Fiance
and Spain.
gal. That a Cu:..nui'tee be i . ornately formed,
and authorised to proceed and rt etarnatvs, And
to take such steps at they may think proper to put
the Ate@ into execution. ,
Si. That the Pillar intended to be ereaed shall
be placed ; tl.e shape And form io be
lett to :he Cornmitthei
'Pre Reiter' Ks-Trials teeonded the prepositions of
General Money.
Lied Baynirg said, he thought that the effete of
the pillar would be lo.t• if pieced spots the Castle-
heir. too near so lony a 'redoing as the Castle.
Sir J. Astley Formed ts here Lord
Nelson VI both ,• but as tli:s vdiage was hi a re-
mote"tr isc as a: .
g ,the . preposition was not
seconded. .-• •
• ble•Plumptre thought, the more regular mode
of proceediog w old be, to *pippin' a Cis:l.rnittee, in
the ritst instancy, who neighs make a report on :he
slighted to a other effOßty Meetimg, to the ensumg
Sessons weeks and he moved an ernenchnent
that effete.
Lard Bayo;ng and General Money said. they
sto-old be very unwilling that the present meeting
(which might be said to represent the whole connty)
should he tdj..urtied, without cornina to a resolution,
that a Monument should ere.fted to perpetuate,
.o the latest posterity, the heroic aid
achievements of their illustrious countryman.
Lieutenant-Colonel Gordon thought it would be
prematute to fix upon any particular spot, or even
upon the form of the monument nsolf; until, horn
the amount of the subscriptions. it could be ascer-
tained, whether we could area only a statue, or •
stupendous pillar, like that of frajan at Rome.
General Money ohserved, that to adjourn the
meeting was strangliu.g proposition in the era
die t—that they stood p.z..,Aed to do s imeshing •
that the honour of the county stood implicated
and that what he proposed was a credit to them
selves and a just tribute due to the merit of our de
parted countryman; and that every man w aid
proud to see the pillar when ereCted, and feel a or
cret satislanion. that he had subscribrd-to cards h
The lints. Colonel Wod house then moved, i
arni'enin,erit ;if Mr. f%umpere's oration,
That a subscription be immedeately opened, t
provide a sufficient fund for the expences of such
Monument. •
That the Committee consist of the following N.
bleroen and Gentlemen Lord Ltemenat
the High Acrid-, Lord Bayning, Lord Wou
house, Colonel idarbord. Colonel W.‘clehou.e,
Jacob Needy Astley, Ad. P. Sir Roger Kernso
Thomas William Coke, Esq. M. Y.
General Money, the Mayer in Norwich. 1 Lents=
Colonel Paters n, M. P. John Kerney P. e.
Colonel Preston, Lieutenant-Colonel Gin •
Lieutenant Colonel Harvey. tle atterwAtos mos.
several o her 'a-solutions, which. atter a .me
ec
versauon were agreed to.

Th of lAA night contains Cantatalat
Addresses to His M•itsry upon the lava Riot:
victory off Trafalgar, from the City 4 CO,It
City of Flintshir, , County of Sot
ampcnn, l'own of Wekingharn, Collin& a Al
deen, and the Presbytery of Kolcsidhnght
A Deputation from the Committta apwsintei
search for preced.r.itia and 'ern% tit it
enquiries relative to the rights and p-is ilexes cif
LORD M .•olt, within ihe city of L. 0140 *.
upon the Rit, r 'Thames. warred yests: u
Lord Hawassat.e v. to consult sA Lir •
upon the arrangement tne tonna' plus:ewe
the latneotcd Lord Nas.e.4.