The British Press; or, Morning Literary Advertiser.
London, England, 1821-11-02 00:00:00

:~

$ Of' • • • t • .•
rf
• •
.PAIRT O,OcfIANCF.ItY, Iticomer
44, 11414.1•4_44•1CCE.
Tonasoatt Norman 1.
The LORD CHANEILLOR came into Court ;t.
beff:pest ten o'clock: t' • •
_This -was rat seal before blichaelmas Term.
A CURE. FOR. THE TOoTH4CH.
• aitawev. HEATH.
• COLLIN nioved. for au injouction. to restraia •
tfic'Defertilant frOm proceeding at law to recover,
'the stun of 801. fiom the Plaintiff. lie stated,' ltw'
moved it oil hill,.filed by the Plaintiff atninit
Defendint, for Ili account, and to be decreed'
itinrY him moueyilliat-iit had paid 10 the Defend.;
entAnder'inisapi:refie-iisonn. It appeared that the.
Plaintiff had agreed to be the vender of certain:
iltitent Medieints. prepared by the Defendirsi,.
which were to be delivered iu the usual bottles,
and t 6 take to the 'Mount of 501. a year of
(a, iinvl to keep secret what the mixtures, were
elleiprived of. The medlcines Were, Juniper's ks-
lailteltf PePPmitinl,'Jneiper'i Essence V' Penny-
and Heath's Sedative for the '1 ooth-:/seh.
The bottles filled with the compounds Were to be •
"bskitstrid to the Plaiiitiff at a fined rico. An Act.
• Pattiament of the 62t1 of George Il 1. passed for
he et rpose the 'duties on gas. after
• ills the Defendant reduced the size of his bottles
Ili ad tetneet the atifialiced duty on glass, and in.
'formed the Plaintiff* that the Act eusiioniered
b-4Atiitte the porchaver of the' bottles pay the
advaoced duty, but to remedy. it lie had reduced
hittriti.of the bottles ;" the Plaintiff believing his
Statement, confirmed tii.psy. the same price for the
-Risen-bottles width N 1 fwd belbre paid for the
Wmtel•botties; brit tin looking. into the Act, he
lateral that it were only makers of glass that were
allowed to advance the price to cover the increits'ed
duties; it did not allude to the case of the De-
fendant, who, by his agreement engaged to furnish
the usual sized bottles filled With his medicines.

The LORD CH atitaLLoa--,4 Hand me up the
tli agorebtn
er hise
rAlll Lordship had read it he observed,
" What can 1 say to such an agreement as this.
lirllVite there is a covenant that the Plaiiiiiff shall
leap secret what the component parts of a medicine
bre, when the puffin was granted for the purpose
Mist it ithould'be known to all meukind et the repi.
ration 6f the patent, and must have been set forth
In the specification in the year 176'2 ?"
ate. CULLEN contended that although the com-
ponent parts of the medicine might he nu secret.
.teettalie tweetant only meant that the Pltuntiff was
'bdund Trot to reveal it.
The Loan CuanceLtott---" This Court cannot
act Upon, a secret that ought to have been made
• hassivin to all the world tie the year 1763. If you
Mont to know if the 'Act of Parliament bears on
etleitgreement.yOu can bring an action iu a Court
dr lob for that purpose. You do not lose any thing
by'the reduction of the quantity of the medicine
by she bottles being reduced in size. The Unfor-
tunate 'patients who take it 'may -have been bene-
fited by the reduction. You do not state that
telf hive unstained soy
CoLurn mid, the Paling!' had sostained a
lam; 'ea the sole of the bottles hod decreased since
OMP Aritirait y of medicine had been reduced.
Irtia 11.olta Cnancet.t.oi-" 1 cannot grant an
injunction .to restrain a person frost having the
101411-isch, nor can I enjoin the unhappy persons
billineed with it to mike lase of your medicine, If
9011141111Mitsiy remedy it must be at law."
Zidiittette, Counsel for the Defendiust. said,
irettase had been decided by a sunder one
was argued before his Lordshtp, that of New-
airy la. !amnia •
a •/elotionlellik.d, with 51. cost,.

COURT OF ICINGS eENCU. ITerrmixsTsa,
es,;(44al • Tistoßseav, flForestant I.

•••••••••

KNOWLES V. HORSEFALL AND ANOTHER.
TRW 'WAN an action •of trover for 17 pieres of
hriAikly. -The canoe was tried at Lancaster, and a
Verdict taken for the Plaintiff subject to the opinion
of the Court on the following cape
The Plaintiff *►un+vnerchant at Liverpool,

the' Defendants are *soignee, -tit 'Mr.' William
Dixon, who was also a wine-merchant at Liverpool.
Dixon. previous to hi. bankruptcy, imported the
brandies question Ikon France, weld entered dies
M the Custom. Houser and bonded theft) in bit
name at Liverpool. The bonding warehouses there,
are in different parts of the t mem and the *neater
of Abe trade is, that where an impolite has so
wherliouss'-of his own, she lodgeethe goodiin't
hiretiverrhouse. Part of this brandy was lodged 'in
trwrehouses hired by Dixon annually, and part is a
hired warehouse belonging to a num tiatiard Led-
sonoeonred, as customary, under three loch., she
key .ot.one of which:was Wept by Dixon as the ion.
porter, one by the Custom . House 'officer, sod one
try—the warehoo.e keeper. lu February, 1819,
the Plaintiff purchased 27 peer-sof brandy from
Dixon, and osi the lstof March following lie sold
ten Owes, • which were • delivered ; . the remaining
allaremeeti pieces were to continue to the wAtehoirsO
dllll4ol* as the Plattitiff 6110111 d think proper. Re.
pHiso•invinces. were made out, and the Militia paid
is for the amount. It was 1101041011.4 to all per.
soused ibe wilartsade at Liverpool that' Dixon was
the importer of the brandy. The Plaintiff, shortly
thee ,he became the . purchaser, re-sampled the
larindyin the presence of an Excise Oftick•r, and
L tusked ahem with theletter K," the initial of
balkanise. • Dixon enemas& •becatne a' baokriipt,
Lid als Defendants, as his Lasgignres, claimed the
seventeen pieces of Mundy. The question fur the
roplitortt of the Court was. whether tire goods were isa
Skpr order .and disposition of•{hxon, sow* to give loin
Itau reputed coviieraliip.
•'Mr. TINDALL, for the Iluintiff, now contended,
Ina the antliority of the case espurte Flyntie, re.
• ported io Ist Atkins ; and Thaekwalte v. Cock, in
id Isniatou, page 487, that 111 this case there-eras
i sot that sort of apparent ownership in Datum which
theism required. • The bankrupt Dixon was tube
considered inertly as • a warehouse-keeper to the
Plaintiff front the time of the sale till tut Wok.
rupicy.
The CHU, JIJIITICe—" Dixon is not a ware.
houssi.keeper fault. The goods wet e his originally,
Ire bus ttl his possesstou, and how is oily man
to kuow that they are not still his property ?"
Mr. TINDALL iubmitted that the marking by

•

.t •

r./E4Ont.theLloster.tc•lt" wet a els*
ritthe mho trade that ihe
Forty of the whose mitiid.retter 1t wins.
fur the Delendidif; ibre to andress
the Cdoie, 'but tees Mopped by' • •
• The Lomb tftttir Jurrfts, 'who .said, thut.he
entertained dottbt the Whole or khe:cd.ikii 'trr in
owneiship•of Dixon witflis the meaning t
o. the
inetUte. W/ih respett 4 ih Ibe warehouse of
Ledwm, it itivi clear be blioltd hiivii'boiti write, ill
he *mild here I dd a tight tWrhiliwei• them to 1)13011.
%Vitt, respertle. the others, thereseremuskiit.g with
the letler •• K" toolu contrey hilbrisortiou to the
gerrernlity 6r people us
,to Ai.* 'the loiriperty he-
ir/loge& The judgment, tl:4fbite. uiiirt bts fur
the / •

Mr. Justice BAYLEY and Mr. Juoixr •Busr c‘iis-
currexl. • • i• •

itoNsim •tr. etllesiatr.
This: was an :teflon mgeiiti4 (?W Sherif her Iflowy
und received. The Plaintiff giisti juispt truant
in to farm with his soli. Ari eseclutiun
the son, the Sheriff li•iied .01;i*d sea Ake
*hole of the joint property. Tilt tiutiOnmo fear this
Court wee merely as to the fords or action.
Afirr Mr. LITtI.ED:4I.E bit the port of
the red Mr. Serltdut Hett.ocit ler ti.e

The CHIEF JIISTIER said h Was quite cleat that
the Sheriff wry not entit:ird to gel) mare than the
interest of the lodgment debtor, be (bit interest
what it might. But es to the prottel inertly et the
case, thili was a question of borne nicety, and the
Coon would take time to look into the 'guillotines.
.
• tiox, wit demiie of noat msOlk li.
.I.l.tior.
This we • iiiieotioil on the toniptißtio.i of {he
Statute of 7th Anne, cinttaimaily tilled -tin: Middle-
sex Lund Itogistry Act, whirl' enacts thin every
conveyance of land ill the .c0nt4.0,/ Middlesex
shall be registered. and in default thereof soy sub-
sequent purchaser of such hind hie good apd
valid consideration. who shall rewst , hos colivey-
auce, *hull he deemed to have a' title ttitic thereto.
and couveyances 'not registered l alf fivadulent
oo
and void. f be. facts of fhb; case weri4bitly these
One Stodart was• possessed, in itii. 'ii lease of a
real estate in' Whining t on latigioir Jr:least in
his hands. Robinson advanced a 'Shtia of 61. to him.
Stodart ofter Wards ossigtied his fitteiilt IP the lease
to one Muore, under'whorn thentteTendant held.
Stodart shortly after became' iitsrits'etc 'and took
the benefit of the Att. The Irate in' niaiioa came
into Robinson's hands as assignee, sad ii`as reeiretsgz.
ed by him in October 1818 ; 111~44 ReS Mrs.
ter his'conreyatice till site year '181).-'' -
Mr. tiot.T, tut the Plaintlit....eurtiends4 that its
the language of the Statute uf7th'Nesttec, the con=
reyanec to Moore nut being tegt*regriu.due titar
was as to hie client fraodhlenikketAiid.' He sub-
mitted that the Act was ti'uhria:tit 'setrit and frau-
dulent cantreprnees. and this.4.44tir:l7 the case
the Legislature intended tit hieil. '
• Mr. ABRAHAM, fur' the IlltAndas said. there
were no eases on this subject ; but tie ought their
Lordships would petite before'thiiiti.alt4ird fraud
in the case 'before. them. It *at clear here that
Robinson was aware sif the prior tetcubifsreaces.
The Court thought the lantaite of the Act
was imperative. The cosiVeyance to Moore was
therefore fraudulent and void.
Judgment for the Pinata.
LORD SONDES V. FLETCHER.
The Loan CHIEF JUSTICE said, that before this
came which stood on the paper win called On, the
Defendant ought to be made awe!! of the plea
which bbd been put on the record,as io case of the
•
Court deciding against hint. the cogrequencee
would be very serious to bins, as thecontrsct was
signouircal.... •

Mr. Justice BEst said the Defendant ought slew
to consider something for the interest of the pro-
fession to which be Iwtoisgesf.
The Coy IT ordered' the case to WWI over for a
short times

oLp 841tiV,111-016iA v.:N0.1'20.a I.

71tomas Wood was indicted for flailing s piano-
forte, the property of Altana. elmPple and Lu..
tour.,piatio-forty makers, to l3onrl•attreac

Mr. Chapple. the Prosecutor, dimmed, that on
the 46th of August, in the istyeut of 'his present
Mijessy's reige. the Prisoner mine ID AIN if shop,
sand igosing his address as T. Wood, E.g. V,
Edward-street, Portman-sr-o*re, said he mooed e
piano-forte for the use of his 'children end family.
and ordered a men to he sent with oar to see it pro-
petty fixed. instrument 101111 to be lent Olt
hire at 255. per month. The •PViantirr asked the
price of it, and was answered that it would lie 45
gasmen• if hr were inclined to purchase it. The
instrument was sent agreeably to the Prisoner's
directions, anti the money paid for the instrument
lay witness was 38/. %Vitoria* heard nothing of the
Prisoner Dotal within a few weeks ago, velum he sew;
in custody at Union Hall on asnither charge. Six
month. was the time specified for the purchir.e of the
instrument, bait the Presenter never offered to do so.
%I'illieln Barnet, sereaut to the Proseewors.
•proved the delivery of the •iiirtrument to a female
servant in the Prisoner's seine. The lionse was
handsomely furnished. • • •
John.HArrow..aervant to Mr. Foster. so tionee',
in Creek-stmet, Soho, deposed, -that 'lse paid
to the Prisoner for the piano-forte. 14i the 30tli
August. • 1820. The instrument was sold ori
Satorday fnllowing, to a versant named Bygrave,
31/. 10i. 6J.

Mr. liygrave proved the purchase of the 'intro...
atria at Mr. Fostes's sale;
Mr. Samuel atiuskin was called, but did not op.
pear. He was.theu called on lite rceoguizisser,
Mary Fletcher, imervant to the Pnwsocir at the
time or the trana.iction, proved the delayer, of the
piano-forte at the honer, as before stated. it was
put in a hark parlour. The house went welt fur-
nishes/4. %%fibres* was hued by the wife of the Pri-
soner. Tlwy had a child about serest years of
age. The Ileisosier sometimes slinpt to the wow.
A man servant- was hired about is week alter the
pww.rorte was sent in. The Susseuuseacwas scat
away within five -days of tlw. delivery. •Wittieni
believes the. bons* belonged to. a Mr. Beeby.
There was a Lill iwthe window to iet she house
furisishesh, but .it was very ofteu4skiess down and.
put up again.. \l'itssesa wily. lived .with-the. Pri.
sonar six weeks, and Ale did not get her wages.
Mr. Beeby, the landlord of the house, deposed,