The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-05 00:00:00

VICE-CHANCELLOR'S COURT.,--./vLY

LsCOIIIIOLD AND DOLMAN, ASSIGNEES Or HEATH.
TI`e.DIILICITOR-HEte'RRAL, on the part of the plaintiff, moved
la an injunction to retrain the defendants from disposing by sale
of certain engravings. The following appeared to be the citcum-
stanceiou which the motion was founded. The plaintiff. Murray
(tee bookseller), had engaged Heath, the artiet, to engrave certain
picuinatellustrations of C:abbes Poems, from original designs,
executed by Westafi. These engraved illustrations were bound up
and pobli•ned under the same cover wi h the poems. Murray
had paid to Heath, for the engrovir, a sum not less than 2.000/.
its the coarse of two years. Heath s assignees lately notified their
intention to dispose by public sale of a certain number of copies
of thear.bot eunneeted with the published poem, but as indepen.
dent and separate pictures per re.—The Solicitor-Genteel applied
to the l'ourt to prevent this intended sale, on the ground that his
chart. Murray, having paid Heath tire the engraving, ought to be
considered the legal proprietor of all eerie' wreck off from the
plate. and that the sale of the cot ie.t in question woad be injurious
to the sale of the poetical work.--The Learned Council antici-
pated an argument of the opposite side, namely, that by the ens.
wen of the trade, engravers were justified in striking off, for their
own use, a certain number of copies of every plate which they may
have engraved; but he contended, on the authority of several cases,
eta, such a custom was vague and indefinite, and founded on
vet:her law nor equity, and could not be set up against the prayer
elf hi. motion.
The Vic E-CHANCELLOR asked what wan the custom of the
trade en which the defendants intended to justify their proposed sale
of d.• copies ?
Mr. HEALD, for the defence, Rail, that by the custom of the
trade, engravers were justified in reserving to themselves front six
to twelve topics of each engraving.
The Vice-LHANcet.Lort, having remarked that the uncer-
tainty of the number of copies reserved was a clear proof of the ille-
gality of the custom, declared his consent to grant the injunction ;
U.S condition that the parties would carry the question of the vali-
elite of the cu own to be tried before a Jury.
After some indifferent conservation between his Honour and the
Cantetel concerned, it was agreed that the question should be tried
in the Common Pleas during the Sittings after the next lichaelnies
Tern..--Motion granted.

UC DERENGER v. —..—.
Ott the part of the defendant in this case, 31r. PARKER applied
to tie tour' to compel the plaintiff; the noted Cherie!, Random De
Deeuxer, to amend his bill, pursuant to an order the Court ob-
tainad.for that purpose.—Ordered accordi-igly.
or.Assteroros t•. TUIVAITES ASO ornsas.
Ur. PAS►ER mat moved that the plaintitra bill, in this cue,
be d:emts.ed, for want of prosecution.
RovPLL rose to oppose the motion. The Court (from a
late proceeding) must be aware that the plaintiff had not been able
to proaecu:e the suit for want of the answer of Ale. Phillips, one of
Ina defendants.
The VICE-CHANCELLOR said this was an order of count, and
that he could hear no arguments egaiitst it.
A peremptory order was therefore made to speed the cause.