The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-11 00:00:00

FASHIONA BLE INTELLIGENCE.

Arrivals at Ncrot's Hotel,Clifford-street t--Mrs. Deverell,
from Cheltenham; Blickle,hwaite, Esq. and Lady C. 111 icicle-
thwaite ; Leviaon Gower, Esq. and Lady Dower ; Lord Kil.
morey and daughter ; James Hales, Esq. and Ladies. Depar.
tures :—Edmond Turton, Esq. and Mrs. Torten, and family, for
Kent; Mrs. Neemham and friends, for 20. Conduit-street ; the
Hon. Miss Fitzherbert and Lady Fitzherbert; Mrs. Tatton and
Ladies ; Gambier, Esq.
Arrivals at Bact's Hotel, Dover-street :—Rev. Dr. and MTS.
Chafy and family, from Cambridge ; Miss Chafy and Miss Wad.
dington, from Suffolk ; Mr. and Mrs. Ommanus and family, from
Leicestershire ; Mr. Rose Price. and Lady Lysert ; Colonel
M'orsley ; Captain Price. from Hampshire ; C. H. Hale, Esq.,
from Coffin House, near Bath.

His Royal highness the Duke of York left town !rester-
day forenoon, to be present at Mrs. Coutts's grand dejeune,
at Holly Lodge, Highgate.
The Duke and Duchess of Cambridge, and the Duchess I
of Gloucester, dined with the Princess Augusta on Thurs.
day.
On Thursday evening the Duke and Duchess of Cam.
bridge honoured the Duke and Duchess of Wellington
with their company for a short time, and afterwards went
to Cavendish House, Piccadilly, to honour Lord and Lady
George Cavendish with their company to a ball and supper.
On Wednesday evening the Duchess of Gloucester, and
the Duke and Duchess of Cambridge, honoured with their
presence the performance of the Sacred Oratorio of the
Messiah, at the Hanover-square Rooms, for the benefit of
the Royal Society of Musiciass.
Yesterday morutng, the Duchess of Gloucester, the
Princess Augusta and the Duke of Cambridge, accompa-
nied by his son, visited the King.
Yesterday Prince George and the Princess Augusta of
Cambridge took an airing in an open earriage to Ken-
sington. Afterwards the Prince and Pilucess, accompanied
by their Royal Parents, visited the Earl and Countess of
Arran, at their house in Dever;strLer.
Yesterday the Duchess of Kuit visited the Duchess of
Cambridge.
Prince Leopold honoured the Duke and Duclicsa of
Wellington with his company on Thursday evening, at
the entertainment given by their Graces at their residence
in Piccadilly.
Yesterday Prince Leopold, attended by Sir Henry Seton,
honoured with his presence the public breakfast given by
Mrs. Coutts, at her residence at Highgate..
Tits KING'S DRAWING-ROOK.—Mr. J. Adams Smith
was introduced to the King at the Drawing-Room on
Thursday, by Mr. Canning, his Majesty's Principal Secre-
tary of State, on his being appointed Charge d'Affaires of
the United States of America.—Mr. A. de Souza and Mr.
Nunez de Carvalho were also presented to the King, on
their being appointed Secretaries to the Portuguese Am-
bassador.
Mrs. Coutts was presented to his Majesty, at the Draw-
ing-room on Thursday, by Lady Guildford.
'At two o'clock yesterday afternoon, a Cabinet Council
was held at the Foreign Office, Downing-`street, which was
attended by the Earls of Liverpool,Mestmorlatid, and
Bathurst, the Duke of I4lington, :Air. Secretary Peel,
Mr. Secretary Canning Chancellor of the Exchequer,
Mr:Wynn, Mr. Huskissok, &c. '(be Cabinet Ministers
sat in deliberation till forr,delock.
Sir Hugh Stewart (son of the late Right Hon. Sir John
Stewart, whose recent death, in eonience of an aeeident
when driving in his pony p has been anribunced),
is expected to. contest the houilry of Tyropt:ltitli the lion.'
H. Corry. . .
George Walker, Esq. of GestWthorpe, Essex, is ap-
pointed Recorder of Sudbury, in the room of the late Sir
John Cox Hippesley.
On Sunday last the Rev. Dr. Wllale, D.D. was conse-
Crated a Catholic Bishop, in the Chapel of Maynooth
College.
Lord Newcomen's bank will pay every shilling it owes,
the landed property having turned out much more bene-
ficial than expected.—Cork Chroxick.
At the Dublin Theatre, on Tuesday, Mr. Kean per-
formed King Leal. The house was but indifferently
a ttga

Master Burke, the young theatrical phenomenon of the
Haymarket, was yesterday at the grand entertaitinnlit
given by Mra. Coutts, at her villa at Highgate. This
wonderful child had the honour to be presented by Airs.
Coutta to his Royal Highness the Duke of Sussex and his
Royal Highness the Duke of Cambridge, and several of the
Nobility ; they all secured highly gratified by his perform-
ance on the violin and with his comic songs.
On the death of Bishop L—, Dr. King, then Bishop
of Dublin, who expected to be ade Primate, was passed
over as being too old to be removed. The reason assigned
for the refusal was as mortifying as the refusal itself.
IVlien the new Primate, Dr. B—, called upon him, he
received him sitting, saying, with a significant smile,
,c My Lord, I am certain your Grace will pardon me, as
you know I am too old to rice."
At a Common assembly held at Dover on the 27th ult.
some spirited resolutions were moved by Mr. Kennet, the
Chamberlain of that town, by which Mr. Kenrick, the
Recorder of Dover was requested to resign his office. We
hear that Mr. K. has declined to accede to this request, but
we find that Mr. David l'ollock presided on the Bench at
the-Sessions on Tuesday in his absence.—Bent Herald.
E. Broderip, jun. Esq. of Wells, is appointed to suc-
ceed the late E. 'cuson, Lsq. as Steward to the Bishop of
, Bath and Wells.

A very severe shock of an earthquake was experienced
at Csrac:.ts on tb..! 11th of April, at half•past four p.m.

IMPORTANT MEETING.

iFeom the NMI Proem.-174 Jm:rna/of Wedoesday.l

The follerwltg are th-, resolutions n'l,.pC:cl at the meeting
of Protestant feers, which took place on the 518th ult., at ,
the Duke of Bucking!,ain's residence, in London, to
consider the state of Ireland. The resolutions were pro-
posed by the Marquis t.f Londc.nderry, and unanimouirly I
adopted :
Resolved—l. That while we acknowledge with gratitude the
measures adopted by Parliament for the general improvement and
prosperity of Ireland, we cannot but feel that toll effect can never
be given to the benevolent intentions of the Legislature whileoor
Roman Catholic fellow-subjects labour ander civil disqualification;
that every accession of wealth and knowledge must be increasing
the capacity of exercising the highest civil rights, increase equally
the desire of obtaining them, and thus aggravate the discontent of
those who are aggrieved.
2. That the civil equalit, of all classes of the people would
not endanger the Constitution, which is best secured by giviog
to all an equal interest in its support—nor the Protestant Faith,
which is secured by its own clear truths, . and by the pious seal of
our Clergy—nor property in tithes, which, like all other property,
is secured by law.
3. That, without such civil equality.. there is no hope of perma-
nent tranquillity in Ireland, or of that perfect National 'Union which
is alone wanting to complete the realness of the Empire, and for
ever to preserve it from hostile aggression.
4. That it is expedient to do an set et justice in a time of prose
perity ; to confer rights while they will be received with padre&
to confer with advantage what cannot be refused with safety;
and to adopt, in peace, a measure which may ba forced upon us In I
war, and which the uncontrollable force of time must evidently fora'
I upon us soon.
b. That we, the undersigned Protestant Peers, Possessing proper-
ty in Ireland, most earnestly recommend to oar Boman Catholic
fellow-subjects, firmness, temperance, and union ; that we desire
them to rely on us as the determined friends of their just court,
and upon the good sense of their Protestant tellow.subjects, for
the ultimate recovery of their civil rights.
These resolutions are signed by the
Duke of Leinster Earl of Leitrim
Duke of Devonshire Earl of Carysfoot
Duke of Buckingham and Earl of Besborough
Chandus Earl of Derby
Marquis of Downshire Lord Northland
Marquis of Londonderry Lord Clifden
Marquis of Westmeath Lord Clonbrook
Earl of Kingston Lord N'aterpark
Earl of Darnley Lord Ashtown
Earl of Fitzwilliarn Lord Riverdale
Earl of Fortescue Lord Dundas
Earl of flare Lord Dunelly
Earl of Charlemont Lord Nugent
Earl of Donoughmore Lord Sherbome
Earl of Gentled Lord Hartland
Earl of Caledos
(This paper is still in course of signature.)

BLA.VCHABDITZW N PATRIOTIC SOCIETY.

The annual dinner of this valuable and meritorious Instittition
under whose patronage and support eight schools, containing one
thousand children, without religions distinction, are educated and
instructed in various modes of industry, was on Tuesday celebrated
in the great hall of the Corn Exchange, Dublin, when about 200
gentlemen of great respectability, comprising many Protestants,
&c. sat down to an excellent entertainment.
DANIEL O'CONNELL, Esq. presided.
After the cloth was removed, Mr. O'CottirELL called on the
company to fill a bumper toast for " The King. and long life and
good health to him." jf, said the Learned Gentleman, it be an
evidence of loyalty in some portion of the King's subject 4 to wish
long life to the King, surely it is particularly incumbent upon the
Catholics to wish long life to that Monarch, who never, previous to
his coming into power, promised or entered into a compact with
himselt against restoring to their rights six millions of his people.
The toast was drunk, and received with loud and repeated cheer.
Mg.
The next toast in order, Mr. O'Coxxitt.t. said, was " Their
unfortunate country." Ireland had endured six hundred and fifty
years of British oppression, and the British Ministry appeared now
well disposed to recommence a similar reign of injustice. Drunk
with three times three, and every demonstration of enthusiasm.
•' The Duke of Sussex, the illustrious patron of charity."
Mr. O'Cowlie:i.r., in eulogising his Royal Highness, alluded to
him as the son of the late King. the brother of the present, and, he
hoped, the uncle of their next Sovereign. (Long and tremendous
cheering.)
The Marquis Wellesley, Lord Lieutenant of Ireland, was drank
with the warmest applause.
In returning thanks for " The Liberty of the Press," Mr. LAW.
LESS alluded to " the wings," which for a little time created some
contusion. but good humour was very soon restored.—Dublin Pa-
per of Wednesday.

LIVERPOOL MECHANICS' INSTITUTE,
[From the Liyrrpoo: Advertiter of Thursday.
Pursuant to public notice, a 3leeting was held last evening, .at
the Music Hall, to consider of the expediency of establishing an In-
stitution under the above title, upon a plan similar to those esta-
blished in ascend other parts of the kingdom. Titossaa ex.sx,
Esq. was called to the chair, and the attendance of the mechanics
was very.numerous ; we should suppose not less than 1,200 thronged
the spacious room.
At the request of the Crixtostatt, Dr. TRAIL/. read to the
Meeting the plan of the Institution, and the benefits expected to re.
suit from its establishment.

The Rev. Mr. WiLsow, from Glasgow, addressed the Meeting
at considerable length. This gentleman lectured in a similar esta-
blishment at Glasgow, and he as well as Dr. Traill ()rend to lecture
gratuitously in the proposed Institute. He dwelt largely on the
benefits resulting from establishments of this kind, which tended
more than any thing else to employ the mind of the mechanic, and
to keep him from going into those scenes of dissipation which a
want of education and employment too often drove him into.
Several other gentlemen spoke at great length, and resolutions
founded on Dr. Traill's plan were carried unanimously.
Mr. RCSHTON moved, and it was also carried, that a respectful
application be made to the Corporation for a sum of money in aid
a the Mechanics' Institute.
it was intimated that Mr. Hope had allowed the use of his chapel
in Sir Thomaa'.buildings, for six months, to lecture In.

• 1
UNIVERSITY INTRLLIUENC?. .1
—.......--,-
' xxiaDoc,ticixitie.
The Chancellor's gold medal tor t e ' s poem bye 1
resident undergraduate. was yesterday adju Award George
Lytton Bulwat, Esq. Fellow Commoner of Trinity Hall.—Subject
—Sculpture.
The Regina Pmfcsarsrshlp of Botany being vacant by the death
.4 or' e Res. T. Alartyn p.D. three candidates have announced
th Ives for the office. eta.—The —The Rev. J. S. HensloW, 31. A. of
St.' is'ir College, Profento3lineralogy ; the Rev. W. L.P.
kaA Wino) .11. Fellow of S College ; and the Rev. William
Miing. .A. of Sidney Col ege.
. 'A dis tion has passed the great real for the Rev. Wm. Carus
Wilson, . Chaplain to H.R. the Duke of Sussex, to hold the
rectory of tittington with the vicarage of Tunstall; and on the
111th ult. the Lord Bishop of Chester instituted the Rev. William
Carus Wilson to the rectory of Whittington, on the presentation of
W. W. Carty' Wilson, Esq. 31. P.
The Rev. Thomas Brooke. B.A. late of Christ College, 31inis-
ter of Lane-End, in the Statlonlshire Potteries. Ipts been instituted
to the rectory of Wistaston. Cheshire, on the pree.eotation of J. W.
Hammon, Lsq. of Wistastoo-hall.

Pa 11111 Me LOAN of ltin, negaciated by Mr. N. M.
Rothschild, in London.—The Half-yearly Dividend on
the above Loan, which becomes due on Friday, the Ist of
July next, will be rigid by Mr. N. M. Rothschild on that
and every succeeding day (Sundays excepted), between the
hours of ten and two. The dividend warrants, with a list
thereof, in numerical ohler, must be left one day previous,
for examination.

-"'
NUAPOLITAN Loan.—The Half-yearly Dividend on
the above Lean falling due on Friday. Jaly I, will be
paid by Mr. N. M. Rothschild on such Bonds as have been
negotiated by him. The dividend warrants, with a list
thereof, in numerical order, must be left oue day previous
for examination.

We have been favoured with the following statement of
the distance traversed each day by the new packet ship
Manchester, Captain Lee, on her voyage from New York to
Liverpool. She left Sandy Hook at six, a.m. on the 19th
of May, and arrived here early yesterday morning :
Miles. Miles.
May 19, till noon 07 %lay 29, till noon 234
20 . • 142 311 - . 230
21 • . 102 31 . - 203
21 - - 226 June 1 - - 1112
23 . . 2'22 2 - - 228
24 - - 191
I 3 - - 200, at five
26 - . 221 p. m. made Cape Close
26 . - 210 4 - Cardigan Bay
27 - - 234
I is . Holyhead
211 - - 234 6 - Isiveryool
—Li,•erpool Paper (y* Tuesday.
We want carpenters, joiners, bricklayers, masons' and
all sorts of labourers, whose occupation it is to build up.
or to pull down houses or tenements of e%try sort. Good
servants, of all wo k or any work, indoor or ootilatir,
waiters, cooks, chin ber.naids, laundresses, or coachmen,
are in perpetual demi n 4 : and we want every kind of build-
ing materials, from a shingle to &elle, bris6l6, &c.: for all
which higher prices ao d borer wages are
given here, at
this time. than in any cit,or town in the United that's, or
the e.silised worll.-I.eu: l'e-k f',:: ..-.

. _
THE NEW SPANISH LOAN.

TO.THE EDI FOR OF THE BRITISH pRESB.
Sir—With the conviction on my mind of the little pro.;
bability of anything done by an individual, oitcurnstanaed
easrlnsi,
requestuigifluenr influencing
permissiontbe p
to
rtiescomuiored known , intak to e thetherd
bty of
through the medium of the British Press, my protest
against any bargain with the 4wattish Government for the.
subscription of the Spanish Bonds, called of the Cortese
towards any new loan at a less than their nominal value.
It is not necessary to occupy tour pages with the quootion
of right, is it regards these lionds; it has already been as
fully settled u such questions con be. Nor will I combat
duty supposed defence of the conduct of the proposed Con.
tractors for the intended new Loan, on ~the ground of hi
being optional in the holders of the old auptis to subscribe
them or not; for, should I do ss., it would be merely
trifling with the understanding trf your readers—combating
an argument which can decei-e nobody. Even their sub-
scription at the original contract-price, with, the arrears of
interest due on them, is only a nearer approach to justice,
I have been living for two years a life of difficulty and
self•denial, in the hope that reflection, foreign influence;
or necessity, would bring Ferdiiisiih to his senses. Are
my hopes to be blighted by the cupidity of my rich count
trymeu? Forbid its honour!
I am; Sir, yours, le.
A SPANISH BOND.HOLDER.

3ttie 11. 182 S.

LIVERPOCI, Tittrasnii Errwiwci.
Wind ‘V.N.W.—Hid Vim. past 6.
Arrived, the Newcastle, Wilkutoon, ham New York ; Plutarch,
Graves, from Charleston ; Pleiades, Smith, ditto ; Richmond,
Prince, ditto; Susanna, °Mohan; from Havre • Rambler Doti.
gall, from 'frinidail Charity“--. from Lisbon ; General; Pike,
Town, from New. Orleans ; John: Ward, honzblaronbanit Cone
stantia, Squiees, from Zantet. DQia, Robin& hem Jamaica, from
' the north aide, and sailed several days Wore the packet.
The Orozentim, Thompson, from Liferpool to New York, wag
spoken with, 28th May, in lat. 48, long. . •
The Montezuma, Potts, from Liverpool for Philadelphia, was
spoken 23d May, in let. 411, long. 27. 31.
The Rosana, Litliguw, from Tortola, was spoken at Lancaster.
The !Astoria, Bully, put back to hilaranl leaky.
The Aurora, Nelson; Maria, Hewett; Enter Prise, Samoa,
from Liverpool, hate arrived at Hoban:.
The Matilda and Susan, Fray, from Alexandria for Liverpool,
at Malta, 20th April. .
The Hardware, from Liverpool to Lisbon, passed Holyhead, Bth
June, at 6 A. ar.
The Ogetthorpe, from Savannah for Liverpolk, went on shore on
Tybee Island, but was got off without damage.
JUNE 9.--Sailed, the Panther, Hathaway. fax New York ; Delos,
Lorentzen, for Flushing ; Richard, Dornaaky, for Tousberg ; Car!
.Johan, Przhn, for Wyburg.

ft

LAW INTELLIGENCE.

lAttorney-Generil obtained a rule Nisi for a new trial. In Easter
Term 51r. Scarlett showed cause against the rule, and the Attor-
ney-Genera! was heard in reply. Mr. Nolan was to follow on the
same side, but as he intimated to the Court that his arguments
would necessarily occupy a great portion of their Lordship's time,
he was desired to postpone his address till this term.
The case being this day called on,
Mr. NOLAN delivered his argument at great length in support of
the rule, urging the various points that had already been put, but
relying mainly on the circumstance that Lincoln's-inn was origin.
all/ a religious foundation, and that according to the proper con-
struction of it the statute of Elisabeth could not be made applicable
to such places.
The COUNT said they would give their opinion on the case on a
Mare day.
KERING, WIDOW AND ADMINIS TS, y. GREENWOOD.
This was an action by the widow and administratrix of the late
Major Skirting, to recover the sum of 1161. 9s. for money had and
received by the defendant for the testator's use. The cease was
tried before the Lord Chief Justice at tbeSittings after Laster
Tenn. It appeared by the evidence that the defendant was ap-
pointed by his 51ajesty'sCommiseion to be Paymaster of the Royal
Artillery at %Woolwich, of which the testator was, previous to the
w:,41:/17. • Captain j and from that time had been a Captain and
-Major of the tame corps. lly an order made 28th July,
1797, his Itlajesty ordered that the Royal Regiment of Gunners
should be placed on the same footing as the regiments of the
Lied, hid that the pay of a Captain, and of a Fast and Second
liabeetsesat, not holding any other :,ommission, should be one
shilling per day. Another order was made in August, 1806,
by which his Majesty gave to the officent' gunners of the Royal
mimeos of artillery, the following additional pay, namely, to a
Major Is. Ild. per day, to a Captain Is. Id. per day, and 2s. per day
more to a Captain who should hold the rank of Brevet Major.
There vitas • running account between the defendant end Major
Skyring, in which credit was allowed to the latter for sums received
en his aecount by the defendant, including the Is. Id. per day.
granted by the order of 1806, to Captains, up to January 1817, and
the 2s. per day additional from that time to 1021, aa rllowed by
the said order for a Brevet-Major ; and upon the account there
aopeared, to be a balance of 1161. 9s. due to Major Skyring.
For this balance the present action was brought, when the de-
fendant claimed a setaiff of 1601. bs. bit. as having been given
credit for by him, occasiocted by a mistaken construction of the
order of INS. In support of this set-offthe defendant proved that
in 1017 he received information from the Board of Ordnance that
they would not allow the increased allowance of Is. Id. and of 2s.
,because it was contrary to the meaning of the order of 1896,1
and not warranted by the regulation of the Board. It did Dot,
however, appear that the defendant made any communication
of this to 51asor Skyring until May, 1821. The whole sum for
which the defendant had given credit beyond what he was au-
thorized amounted to 3911. lat. 5d.; but as the Beard of Ordnance
had allowed the money to the defendant up to 31st December 1816,
the defendant only claimed to set off 1601. ss. sd. The Jury, upon ,
this evidence, and under the direction of the Learned Judge, gave
a verdict for the plaintiff; his Lordship conceiving that as the de.
fendast had given croilit for the money with a full knowledge of the
circumstances, he was precluded from recovering it back, or mak-
ing any deduction from the general balance. Mr. Gurney obtained
a rule last Term on behalf of the defendant, to show cause why the
verdict should not be set aside, and anew trial had.
Mr. SCARLEYT (with whom was Mr. Bingham) this day show.
ed cause against the rule. The Learned Counsel contended, that
if a party made a payment, with a full knowledge of all the facts,
he could not recover themnney back again, because it might have
happened that be dial it front an ignorance of the law. But the
payment was made by the defendant, not only with a full know-
ledge of the facts, but with an intimation that the Board of Ord.
"mince meant not fo allow it: so that the defendant was entirely con-
cluded by his own act. But the construction put by the dcfendent
upon the order of 1797 and 1806 was the right construction; those
orders only precluded persons who held two commissions from
being entitled to the increased allowan e; now Meier Skyring
did not hold two comn iisions. His Ilbeing Brevet Major of
Brigade was only by an appointment of the commanding offi.
Ca, which was revocable at his pleasure, and leas not by com-
mission from his Majesty. But It appeared that the Board
of Ordnance had not required the defendant to refund the money
overpaid by them previous to the year 1816, and this upon the
grour.d that they had rot given htm notice of their construction of
the order till that time. For the very same reason, then, the de-
fendant ought to recover from the plaintiff, as he did not give the
testator Notice until May, 1891. it would be a very great hardship
against the officers of the army, If, after these payment,' had been
made so long, they were to be liable to have their accounts open,
again and deductions made from the sums already paid to him.
Mr. GURNEY (with whom was Mr. Tindal), in reply, argued
that the mistake of the defendant was a mistake in fact, and for
which he might have brought his action for money he had re-
ceived, and not a mistake at law. The defendant had no power
beyond that of paying over the money which had been previously
entrusted to him. It was not his duty to put a construction upon
the order, nor was it, as. the Learned Counsel on the other side
seemed to think, for their Lore:Whoa to construe those orders dif.
feretaly from what the Board of Ordnance had themselves done.
It being then merely a mistake on the part of the defendant, and
there being a running account between him and Major Skyring. he
certainly had a right to correct that mistake by retaining the money
he bad overpaid.
The LORD CIIIE? Just ict said ft was not necessary in th'e
present case, to decide whether a person, who, having rendered an
account in which he had madea mistake, and acquiesced in it for a
length of time, was thereby estopped by the account no rendered,
because here was a particular fact in this case upon which he • bad
formed his opinionat the tiin e of the trial.tand which opinion he still
retained. The paymaster it seems received sums in a gensnl way
on behalf of the different officers, and afterwards he rendered an
account to show how he had paid it to them. Certain ordert hay-
ing been issued to increase the pay, the defendant conceiving those
orders to be applicable to Major Skyring. placed the additional pay
to the Majer's credit. In may 1821 the defendant sent the Major
an account in which credit is given to him for this increase of pay,
and making the balance upon the whole account to amount to
1161. 9s. in favour of the Alajor. At that time Major Skyring
might have drawn a bill en the defendant for that sum, and if ac-
cepted by the defendant he mutt have paid it. Now, if the defen-
dant afterwards found he had placed the increased pay to the credit
V the Major erroneously, he would then have brought his action at
law to recover back this sum of 1161. thi. The question would be,
could he recover it back? because if he could hot, then neither
could he make ia a matter of setoff Wan action for any sums re-
*tired subiequeful:.^by him for theplain tiff. The principal fact in
this case, upon which He had formed his opinion was this, that in
1816 the defendant was informed by the Board of Ordnance that
' they would not allow the increased payments embraced in the order
of 1806, and which ha had given credit for to Major Skyring; and
yet the defendant notwithstanding this information,continued to give
the Major credit for them up to-the year 1821, without making any
communication to him of this resolution of the Board of Ordnance.
It appeared to him ass hint that it was the duty of the defendant to
hare informed Major Skyring of this fact ; but he had forborrip to
do so, and continued to give him credit for the increased pay. which
made the case very different from that of a party's making a
mistake in his account and then seeking to correct it. For
by this negligence Major Skyring was suffered to go on
for four years under the Idea that his income amounted
to a certain sum, which it was not sought to reduce,
after the Major had possibly expended the whole of the
money. If the defendant was now permitted to recover, the
Court would be in fact making Major Skyring of his re-
presentatives repay that money which the Major had expended in
consequence of the neglect of the defendant. Ile therefore consi-
dered that justice prevented the defendant being allowed to do so,
and that the plaintiff must in this action be entitled to a verdict.
He hoped this decision would not work that injury to the defendant
which it had been intimated by his Coonset_would be the case ; he
trusted that the defendant had riot withheld this information from
other officers ; but if itishould be so, why then he could only hope
that Government would take the case into their consideration.
Mr. Justice BAYLEY said, this appeared to him to be a hard
case certainly against the defendant ; but unless he was entitled
to recover the money back farm the plaintiffs, in case he had paid
the whole, be could not set off the money overpaid in this action.
The defendant was guilty of great neglect in not making a commu-
nication of the information he had received from the Board of Ord-
nance to Major Skyring. If he had done so, the Major might pro-
bably have caller applied to the Board to put a different construc-
tion upon the order, or to the Government for' an increased allow.
ante ; or he might have reduced his expenditure accordingly. It
would work an injustice to the Major or his representatives if he
were to be obliged to refund the money, and as it seemed to him the
defendant would not have been entitled to recover this money back,
supposing it had been all paid ; so neither could helve allowed to
set it off against the plaintiff's present demand. For these reasons
he thought the verdict for the plaintilfought to stand.
Mr. Justice HOLROYD was of the saute opinion.

--..... .
.• •• . 001Pinr 'op CHANCERY, FRIDAY, JUNE 10.
----
41i before the Lad Clislitilloreame into Court,
-Wm Amuls Its• the efristatleisdhati et die sitting of the
kfile. A inald make his renewed attempt to suppress
intim% al hie lectures in the Lancet
:
Counsel for the plaintiff were Mr. Sol i citor-0 en eral, Messrs.
Me, *ascend Duckworth; and for the defendant, Messrs.
filikadwell, and Breregliam.
,ga
AataWETTIT v. THE L•WCZT,
milihnierediately called on when his Lordship took his seat.
16.111otscrroa-GatirEnat rose and said, a bill had been filed
tis dines* against Hutchinson Knight and Lacy which pnyed
that they might be restrained from pruning or publishing any lee.
Ones delivered or to be delivered by the plaintiff, or from reprMting
the ems. The bill stated a case which it was unnecessary for him
to ewer, for it was already known to the Court. When it came
an berate, the main point put was, that of literary property, and
tiorpnintifra title, on the grounds of breach of trust, or cantina.,
was Dot particularly relied on, bet were not then entirely given up ;
sip these new, however, his title was expected to be made out.
Air: Abernethy was a lecturer arSL Bartholomew's Hospital, and the
Ctitn who attend him, pay a fee of admission. Upon the 9th of
hut, Mr. Abernethy delivered a lecture which very soon ape
Pend in the Lancet, which professed to give it so accurately =deo
perfectly tferboline, that the writer stated he thought he was bound
to apologise to Mr. Abernethy fur publishing with so much zeal..
racy. After this poblisatian, sevend others appeared on subsequent
days. Mr. Abernethy contendell- that such a publieation was an
invasion of his rights as lecturer, sr as an individual. Mr. Aber.
mall:1411M a person who Sled a place by right or patent, as
was the case with Professors in Universities, nor did he deliver his
lectures from any appeinneent consmuniaised to him through an
Restitution having a corporate character, but he was appointed sur-
geon to the hospital, and as such, la the theatre of anatomy be-
longing to the hospital, was in the habit of delivering lectures to
bls•papfis. In the Learned Solicitor's opinion, the distinction
between private and public lecturer was immaterial. The present
eplintioll involved in its principles the rights of the professors of all
stir Umsersities, some of whom were appointed by charter, and
sone by the Crown. He (the Solicitor-General) would now call
theattansion of the Court to what was alleged in the bill, and next
to the particular situation in which the defendant was placed. The
Wt mated that no person had a right to attend to hear his lectures
except those who paid a fee; and it was next said, no license or
phiminsion had been given to any one to publish the lectures. Upon
this short statement, with respect to Mr. Abernethy's station in the
honied, with respect tq the nature of the lectures, and with respect 1
to the class of persons Emitted to hear the lectures, Mr. Solicitor.
Gniend•consideree the facts constituted every thing necessary for
the purpose. at raising the question, which was hereafter to be dn.
gusted in this case. Another circumstance, however, 'was material
to be mentioned, because it was supposed, on the former °ea/skill,
that this was not sufficiently adverted to, namely, that the gentle-
men publishing the lectures were not pupils of Mr. Abernethy--
they litre respectable gentlemen, publishing periodical works in
the Strand, but entire strangers in Mr. Abernethy's theatre,
Month inr • means of paying the fee they got into his room,
bee still they could only be considered appearing there as editor
and publishers ; they could not constitute the relationship
that existed between 'papa and professor, or schoolmaster and
scholar. The great question here was, whether the right of pub-
lishing these lectures without permission or license, could, in law
or hi equity, he established to be in the defendants? Now the
gonads CM which the Learned Gentleman meant to contend that
Air. A. was entitled to the judgment of the Court in his favour,
trorethtte...finit, that the lecturer had a literary property in his
lecture i•aecondly, that he had a right to restrain publication upon
the ground of contract ; and thirdly, that lie had a right to the in.
islaCdetta Upon the ground of trust. The result of the Court's judg.
ment when the application was made before was, that the point of
• title in literary property in such a case as this, had not been sue.
dewily decided at law to warrant this Court's interference by in..
junction, and consequently his Lordship thought it would be well
(if it Could be done) to have the ease argued on die ground of
brach of trust or contract. To prove this, there must be an in_
'Airy or a wrong proved,•which there would be no diffiailty in doing.
In Me present case ; and, for the purpose of illustration, it would
ha necessary for him briefly to go back to the principles upon which
the Court .acts with respect to literary property ; and upon this
point he begged to cite the case of " Miller v. Taylor," to show
Mr. A. had a title in his lectures, such as could restrain the de-
fendants frets publishing. Cron the other two points he referred
to the cases of " Pope v. Curl," Lord Clarendmi's History of
glsarks 11. ; Lord Chesterfield's Letters, and also Al• Lean's case.
• ne Learned Counsel would admit that the short-hand writer, as
• pupil, night, with a vicious accuracy, he (the Attorney-Gene-
nil) would say, take down even the very peculiarities of the let-
ha M, as the Editor in the present case stated he really had to
apologias to Mr. A. for having done ; but then the Editor would
nave to go a great deal. farther ; he, or the short-hand writer
Would have to satisfy the Court, that he had a right at law to
publish those notes and peculiarities, for the purpose of making a
profit. He would also allude to the Drury-lane Theatre ease, re-
spftting the publication of the farce of Low-a-la-mode. An indi.
stidoal might pay a shilling to get into the gallery of one of the
theatre*, and have a short-hand writer, who might take down the
whole dialogue that passed on the stage, but the individual in the
(ciliary would be told by the managers, though he had pail his shil.
Log for hearing and seeing the play, and though he might even
-hale the short-hand notes transcribed for his own instruction, which
he ?eight be anxious to have, particularly if the subject. vas some-
thgeij a the nature of Loye-a-10-rriode (a laugh), yet that he should
AM at liberty to send forth to the world a printed orrbot;m state-
tof what had been said. If this were not so, the gentlemen on
Vroother side would even have to go the length of arguing, that a
person going into the gallery of the Royal Academy, who paid a
/ shilling for doings*, bad a right to make a sketch of the best pia
Core he there saw, and afterwards to publish an engraving of it,
which, in his (Solicitor-General's) opinion, would be an argument
thr too absurd to think of sustaining. Ile would instance another
min by way of further illustration, which was, that a medical sou.
dent might inform the public how many grains of one sort of medi.
rine, and how many grains of anothcr, ought to be mixed up for
the purpose of relieving a patient from a certain complaint, bat
than the student could never be permitted to publish a table of the
entire mole in which Ms professor made up all his medicines. Here
a case might be mentioned which could not be thought entirely in-
apposite, for it regarded the mixing of medicine, and which sup.
ported the present argument, it wa : the case of Yenvert v. Wyn-
yard, reported in Ist Jacob and Walker, p. 324. Mr. Solicitor-
General would also allude to the case of Dr. Ilard's sermons, as
well as to Blackstone's Commentaries, and many others. It might
be said on the other side, that Mr. Abernethy did not delticr
his lectures from writing, but that could only be considered a
flimsy statement, because there really was no substantial difference
between a lecture or sermon, orally or front manuscript, unless it
wee, that if it were delivered from manuscript it would be more
easily identified, but here there could be no doubt upon the ques-
tion of identity. And if the doctrine on the other side were to hold,
Mr. Irving, the celebrated preacher, had no copy right in his ser-
mons, because he did not deliver them from writing. Upon the
whole, he (the Solicitor-General) felt that great injustice would
take place, and great loss, both to literary men and to the public.,
would he sustained, if the law were now to be decided contrary to
What Ale A. contended for. Here, upon the principles of " Miller
is. Waylor," there was a literary property; there could be no dies.
test:Sion between this case and the case of letters, therefore it would
have to be looked upon as a case of trust; and every principal coned.
Luting cases of assumpsit and contract would be inundated, if this
were not to be called a case of contract in point of law. Here the
pupil purchased, by the payment of his fee, the advantage of hear.
fog the lectures delivered and of taking notes for his own benefit
alone; but he never could be supposed as contracting for that
whieh the vender never intended to sell--namely, the right of pub.
lishiag verbatin the lectures. If this were not so, a man, by pay.
tog two or three guiams, might, by employing a short-hand writer,
.112 away a copyright worth some thousands of pounds. Looking
the consequences of suffering the Lased to take upon itself
such a right, the Learned Counsel hoped the Court would not heed.
elute to grant the inunction.
Mr. Boa XP., followed the Solicitor-General, and was sucenisil
by Mr. Brougham. The case comes on again to-morrow (this day.)

COURT OF KING'S BENCH, WESTMINSTER, JutrE 10.

COMM, ESQ. 1. EANKES.
This case, it will be remembered, was for the purpose of trying
the question whether that part of Lincoln's Inn, called Stone-
was or was not liable to pay poor-rates, as being within
else parish of St. Andres', Holborn. The parish, considering that
the inhabitants residing in Stone-buildings were not exempt from
the usual rates, applied, as was the regular course, to Mr. Cooke, a
respectable barrister, occupying chambers in that part of Lincoln's
Inn, for the rate. Mr. Cooke refused to pay it, alleging that Lin-
coln's Inn maintained its own poor, and was to all intents extra.
parochial, although locally situate within the parish of SL Andrew,
.Holborn. The overseers, in order that the question might be
brought to an issue, directed Mr. Bankes to leer a distress on Mr.
"Coae's goods for his quota of the rate. Mr. Cooke then brought
the present action against Mr. Bankes for the supposed trespass,
Gad the cause was tried before Mr. Justice Littledale, at the Sit-
tings after last Michaeboas Term. The evidence on the part of
the plaintiff went to show that Lincoln's lon was originally a reli-
gious house of Friars, which. by the law, was exempted
atom all control eat the part of the secular aethorities; that
it bad a chapel of it t own, kept a priest, and always maintained
Itifown.poor. It was therefore submitted, that these facts proved
that Lincoln's Inn was extra-parochial; but even should it
billiAtsidered as being locally situate within the parish of St. An.
drew. Holborn, yet inasmuch as all these peculiar rights were exer-
cised by it ggevious to the statute of Elizabeth, which established
poor rates. it soust be held that that statute could not divest the
1011 of those immunities, and if so, the distress was illegal. and
WO plaintiff was entitled to a verdict for the trespass. On the part
of the defendant it was proved, that persons who had died at Lin-
bati from time to time been buried in the burial_ground
of St. Andrew's parish, for the usual fees taken from persons who
had belonged to the parish ; that marriages and christenings of
persons living In the Inn were celebrant in the parish ; that when
the boundaries of the parish wire perambulated, that part of the Inn
In question was always, embraced, and treated as being situate',
villain the parish ; and lastly, that a hook, by a Benches of' the Inn,
IA been produced, wherein the original grant of the premises I
Seem the Earl of Gineola to the Society of Lincoln's-Jon, was set
oat, which described the premises to be situate within the parish of
Andrew, Holborn. Upon this evidence the ease was left to the
, who found a verdict foe the defendant, thereby establishing
aria ' "tp ad the dna to pay the rates, ate, In Hilary Term the

Mr. Justice Littledale had left the Clint before the case came on.
The rule for a new trial was therefore aiseharged, and the ver-
dict for the plaintiff confirmed.

f