The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-10 00:00:00

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:u to Marb.ir
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N:411..1as
CHURN
Aruadoll
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VICE•
TVS •K46U,

Tsp. Daddeley re Po-
meruy, per.
Green re Pome-
roy
Casten re Trent-•
worth
LamlLify n Lettri-
ley
Leech re Stalker
iStephotreen re
Stalker
Ca.penter It
Johns
Weddell re Nth-
chin
• 'purder re
Thomvon
tscret re Peacock
holidh re Richard.
son.

COURT-OFVENT-HAD CHANCERY,
EN WwT
H EAT RE.nwasusr, AtIOVIT 9.
CO
VONST V. HARRIS.
In CM., which was pan heard yesterday, Mr. SHODEN4 On
pin or Mr. Harris, contended, that the receiver had no right to
have poid the charges contained is his accounts, out of money'
which. ai Coftlit g to the orders of the Coen, was not applicable to
such disbursements.
The Loan CHANCET.I.OR said he believed the firm theatre
which eve got into Chancery was the Royal Circus, in Lord
Thurlow's time. In roa.equeure of that precedent, the Haymarket,
Covent-garden, the Itoralty. and several other theatre., had fol-
lowed the example of the Hopi' Circus ; and he had no doubt if
all the time was put together which had been spent in discussing
t,uestions relating to the different theatres, it would amount to

Wawa year..
Mr. HEALD. in reiily, observed, be supposed when gentlebsen
bclnnging to a theatre once got into Chancery, they liked it so well,
its n.,: to be able to get out of it. He thought ac long as Courts
existed, they would have something to do with theatres, and he
b id ro doubt they always hail ; but he believed theatres were of a
truth more ancient date than a Court of Chancery. The items
contained in the receiver's accounts were mostly small. The
largest item wan an oiltur.n's bill, 169/.; poor's rate, at different
times, 12:1. and 111/.; to the whole. amounting to loom. ; out of
which, he believed, the parties could bare distrsined for above

1.0004;
The LORD CHANCELLOR inquired, if the application to review
the report extended only to items such as he had mentioned, or ge.
Lenity ?
Mr. II &atm mad onl y to these items.
The Loan CH/tercet:ton said it was impossible that the theatre
ceuld ao on in this way from time to time. This Court had nothing
to do with a theatre but as a common partncrehip, carry it on as
long as it could ; and if there was any delay on the part of any of
the parties concerned to sell the theatre, he would do as Sir Wm.
Gram very properly did as to the Opera lloutte—order it to be sold
forthwith. He thought all the proprietors ought to be informed,
the, if these pr. ..thegit were to go on in the Master's office, as
they had done, there was no alternative but to nit the theatre. As
stilt was what he considered would be the end of all this, he
thought the sooner the Court ordered the property to be sold the
bette' : and perhaps it would be material that it should be Rohl be-
fore tse new season commenced. His Lordship said he would dts-
p see of the application on Friday morning.
MECHANICS' 3IAGAZINE.
SI.KOY V. ROBERTSON.
Mr. HEALD sail, he had a motion to make in a came, in
which Edward M'Koy and David Sidney, assignees of Messrs.
Knight and Lacy, bankrupts. were plaintiffs; and a Mr. Robert-
se•n„ and Mr. Leigh Hunt weredefentlaite. The motion was for
tsn inninetion to restrain the defendants from printing, publish-
ing, exposing to sale, or disposing of any copy or copies, of a
literacy work, entitled the " Met wines .Magurime." The mo-
tion had been refiesed by the Vice-Chancellor, and this was in
the nature of an appeal. The motion was nut made on the
ground of any plagiarism, but the defendant, Mr. Robertson.
haying been a partner in the copy-right of the work as soon as
Kr izfit and Lacey became bankrupts, published another work
of a similar nature, in oppositioh to the one then going on
publishing by the Assignees. The Vice. Chancellor said. as the
Assignees of the bankrupts had thought :proper to publish. the
work themaelves, that their coming to the Court to stop the
publication of a work by Mr. Robertson was taking the law
lam their own hands, and therefore he would not interfere. and
tensed the injunction. lie (Mr. Ilcald) thought, if a man
fame into Court to stop t lie publication of a work similar to his
own, that it was a hard thing lie should not have an injunction to
restrain the publishiog the apt:firms work, %lidera he stopped pub-
lething his work, and issued en injunction against himself. The
nazi, called the " Mechanics' Magazine," -showed the increased
cede of the people of this kingdom to acquire information ; for
when this work ERA first brought out, it circulated as many as I
25,000.numbera every week; and with all the disadvantages arising
from their being a rival work in the market, it now circulated as
insty we fhooo every week. I.llr. Heald then went on to state the
geamal circumstances cf the ease, which has been before submitted
to the public. In the year 11123, the defenditio, 3lr. Robeilson,
seoneulied with Messrs. Knight and Lacey as to the probable success
at a periodical literary and scientific work, to be published en a
plan Aired by Mr. Robertson, in weekly numbers, for the amuse.
meat an instruction of mechanics, and other lower classes of so-
ciety. .IeRATA. Knight and Lacey having expressed a favourable
opiniem of Mr. 'Robertson's plan, they agreed to becerne pruner. I
nith Mr. Roberta its, and to bring out the work under the title of !
• Medeanice Magazine. It was agreed between the parties that
• Robertson should furnish the matter for the publication, and
that Knight and Lacey should publish the work. The agreement
use at first only verbal, but on the 21st of September, 1824, it was
reduced into writing, mid in the agreement it was stipulated that
:dr. Retention was to receive, on the first day of vary month, a
•um of 241.. as his share of the profit.. In the following Decern.
her a mottilge deed was executed by Mr. Robertson, and Messrs.
Knight haety, whereby Mr. Robertson assigned the v.hulo of
lin toter in fee work In nest, that if be did nut p_qy tha half
jeer's interett on a MOT of (Whit., owing t'enri him to7E2lloll4nd
Ines,. and a conker sum of 230/., and that at the end of the vine
! ay the principal sum,•then Knight and Lacey were to have the
power i f silting Mr. Roberisot's interest la the cot:cern, end of
payteg themselves out of the produce of it. Mr. Health then
eouter.ded that, under all the eireemstanees of the case, lie was cu.
tided to the injunction prayed.
Mr. Bice ease Le in on the port of the defendants, observed
tnat, as Mr. Role-revel was the original projector of this work, the
tAliTrright of which, if it belonged to any one, must of course belong
. tt him, except so for as it was qualified by the agreements made
between him and Knight and Lacey. There WAR to euesfion as to
peacy ; for it was quite clear that both parties had been carrying
on she publication with the same title the matter being eitp- 1
plied by means of d fferent authors and different editors. '
.onsid red Ws Limed Friend (llr. Heald) was quite misteken
when he thought hie mortgage deed of December gave an ttbto-
late property in the work to Knight and Lacey. After the
bankruptcy, Mr. Robertson was eery desirous the work should
be condoned with the old enmsexitee. anti the assignees having
that in their power, Mr. Robertson, for some time atter the bank-
ruptcy, continued to supply matter for the work just as before. An
npplie ohm was then made by the printer of the work to Mr. Ito.
bertsor, stating they could not get any money from the assignee.
3tr. Robertson then authorized the printer to proceed on his (Air.
Itebertenn's) responsiiiiiiej, until he mild come to some arrange.
ment with the assignees. 31r. Robertson havltig written to the
essigreett on the subject, they returned in answer, that they would
not take any responsibility anthem other than their situation sub-
jected! them to. Ile (Mr. R.) agein wrote the assignees. nettle
that be had publish,d another number, and would continue the I
work with than. according to the origf-al agreement, if they would
pied !inn the Vol. a Month. They refused to have anything to do
with it ; but Mr. Role nson knowing them to be the mortgagees,
✓esolved to keep an account of the profits of the work, and directed
ire persons whom he employed so to do. Soon after this the
assignees of Messrs. Knight and beery set up a publication. which
they,had the presumption to all a genuine one, mai that of which
Mr. Robertson vas the Kole projector anti founder, a spurious work.
14r. Robertson had always furnished the matter and copy for the
s•ork, aril those very pillions, to whom he had first communicated
his project, now came to the Court, and applied fir an injunction
to remain a elan publishing a book of which he alone was the pro-
jc.or and founder. He therefore hoped, that when his lordship
Loted at all the circumstances of the case, lie would not grant the
appiieatim
I. Resin having replied,
Jim LARD CHANCELLOR observed,t,at although Knight and

'away might have taken a mortgage front Mr. Robertsnn, yet the
editor of the work must live, and he was, therefore, entitled to 'oafs
that if the assignees would not perform their nart of the contract,
he would not perform Ids. (inc question would be, whether, look.
ing at Sir. Rebettaon either as an editor or a partner in the work,
it he mortgaged the publication to the bankrupts, m
WAR it not con-
sistent with their character as mortgagees to do any thing whatever
to the prejudice of the work ? lie doubted whether it would not
turn out to be a case in which Sir. Robertson, having offered to
keep an account, had not gone the full length of what the Court
itself would do. However, lie would read the paper this evening,
and give his judgment as soon as possible.
• IN RF. CORONER OF STAFFORD.
Mr. AGAR presented a pet on the part of MO
Esq. and several gentlemen resident in Staffordshire, praying that
the clef tion of John Dent to the ofiice of Coroner might be declared
void. It appeared that Mr. Sparrow, the late Coroner, having re-
signed, a writ was issued for electing a new one. The writ was
delivered at the office of the Sheriff on the Ist el April, 1828, and
notiee was given to the candidates for the situation that the election
would take place on Tlitesday, the 10th of April, which W2S how-
ever !adjourned till the %Joh, and which it was contended wee M-
oney to the Act 58th of the late King. Another objection to the
election was, that Mr. Dent bail, some years ago, been a bankrupt,
and obtained his certificate, bat another commimion hail untied
against him in the year 1822, under which he had been declared
a bankrupt, and his estate, after all charges. had not produced
fifteen shillings in the pound. He was therefore hs enibarraeeeo
eirctornerances, end not of sufficient estate to hold the office
of Coroner. On Mr. Dent's offering himself as a candidate,
and before ,any votes were given, he 1420 roe-gaited to produce
his qualification, which he refused t 3 do; but upon Mr. H,chl,
another candidate, being called on by 3lr. Dent to produce
his quafficaeon, he did so inamediatiy. The number of votes
being declared to be in favour of Sir. (lent, he was again requested
to produce his 9u olification, but which he still refused to do). Be-
sides the objection )os to die election having taken 10l ace contrary to
lb. Act. 'mottles objection was, that Mr. Dent was not a person of
property, and, thereffire, not duly qualified to fill the office of Co-
rner. By the Statute of 11th Edward the Third, ch. fh it was
estooeted. " That no Coroner be chosen unless lie hare land in fee
sufficient, iii the same county, whereof he may answer to all than•
tier of people ;" and in Fiuherbert's " Nature Breyium," there
were to bs found several canes where Cirooers had been removeol
because they had it it sufficient estate. Sir. Justice In ackstone
edge cated, that a Coroner must be possessed of certain property to
, enable him to hold that situation.
The Loan CHANCELLOR inquired whether Mr. Justice Black-
stone shoed how much estate a man must possess to qualify to bold
the office of Coronet.
Sir. AGAR said, that lammed Judge stated, thr.t he 'mist he
poesemed of a Knight's fee, which was 204 In the affidavit made
by 31f. Dent, he had described himself to be in a prosperous
course of professional business, and to be entitled to souls pro-
perty in right of his wife. Now. how a man could be in a pros-
perous situation, or what good the property lie was entitled to would
do him, when every shilling lie had was liable to be take') by hid
creditors, he was at a lons to know. Under all the circumstance.,
he, therefore, apprehended Mr. Dant was not in a situation to WI
the highly rtspeetahle office of oCoroner for Stafford.
3lr. is iIEATLET, 03 the part of Mr. Dent, observed, it was
not nee:nary at tins time of the day that a man must be possessed of
certain .lands to qualify him to be Coroner. Mr. Agar had re-
ferred to the 14 h of Edward 111., hut by a subsequiee Act of the
Nth of Edward 111., nothing was stated as to a man's having
lands. It w. 5 there stated, that Coroners should be chosen of
the most meo and most lawful people that shall be found in the
said ceun lea, to execute the said office." Here nothing was said
about lands, but merely that they shoal be persons of sufficient
knowledge and ability to fill the situation. Ile could find no case
in any of the hooks, either ancient or modern, that stated a man
must be qualified with ro sport to lands.
The Loan CHANCELLOR observed, if there was such an Act
of Parliament as had been stated, nn English Act of Parliament
eculd not fall into desuetude. He recollected a cese in the House
of Lerda„ some time ago, as to the right of a person to be a free-
wail of Galway, in Ireland. In a very ancient Aet it was laid
down that evety man admitted to his freedom should be an inhabi-
tant. The Judge. in Ireland held that it was not necessary for a
man to be an inliabhant, notwithstanding that Statute, and the
House of Loris had some difficulty to find out on what ground
the Judged thought themselves at liberty to say, that that which
was an Act of Parliament had not the effect of an Act of Parlia-
ment. The !louse of Lords were of opinion, that his not being an
inhabitant did not make his election invalid, but rendered the
electors liab'e to a penalty. His Lordship said, he believed as to
Knights of the Shire, they ought to be chosen out of persons
resident in the county, yet it toad never been known that persons
not resident in the comity, had had any objection raised to their
being chosen. He thought it was of importance to know,
whether it could be permitted to be said (he spoke it reapeet-
fully) in an English Court of Justice, that an englieh Act of
Parliament falls into des'aetude. Ile knew it to be an acknow-
ledged principle in the law of Scotland, that a Scotch Act might
fall into desuetude, t:nd in die coarse of his once hearing a Scotch
cause, he asktd how long a Scotch Act was to be not acted upon,
so ea to entitle any one to say it had fallen into desuetude. He
could not find an one who could roamer that curious question. As
to Sheriff's, he believed it was necessary they should have sonic land
in the county, for he had known instances where gentlemen had in-
twisted to those whose duty it was finally to advise his Majesty on
the subject, that such a person had no laud in the county, and, lie
thought that had always been held a sufficient exemption. A very
little fend in the county would be considered sufficient for all the
wrong the Sheriff might do to the King's subjects, because it was
not ub (Me to be stapposed he would do any wrong.
It being a very late hour, the further hearing of this case was
postponed till to-morrow (this day.)

VICE-CHANCELLOR'S COURT, Ago. 11.
The Court was occupied throughout this day in hearing bank•
rupt petitions, none of which were of public interest.

POLICE.

BIRMINGHAM COACH ROBBERY.
Itlaststow-house.—Yesterday a man, who called himsel
James Cliptd, but who was stated to be a brother of the celebrated
Cmwder, who gained much renown for coach robberies, and who is
now transported, was brought before the Lord Mayor, on a charge
of having feloniously uttered a stolen note of M. of the Birmingham
Hank. It was one of the pat eel of notes, amounting to 4,00111., be-
longing to Messrs. Truman and Ilatibury.
Noses Moses, a clothesoian, residing in St. Mary Axe, stated,
that the prisoner tendered the note to him in payment tOr some
clothes. Knowing it to be stolen, he gave the prisoner in custody.
The Loan Maxoa—Prisoner,. how did you become possessed
of this note? Prisoner—l got it in payment for some w ark which
I did for a gentleman.
The Lotus Slave a—What is your occupation?: The Prisoner
—I am a eshinet.maker.
The Loan Marost—Where de you live? The Prisoner—
(laughing)-1 live in the Compter.
The LORD MAYOR repeated the question. The Prisoner—l
have sold all my things oft; and was buying some things to go in
the country with this note.
The Loan Malmo—What was the work you did for it ?
Prisoner--3 sold two siding desks.
The Loan MAYOR—Where was you whets you sold them ?
Prisoner—Where was I ? why it was in the street.
The Loan MAYOR—Wirrre did you make them ?—The pri-
soner, who hesitated greatly, at length said he made them at
Chelsea.
The LORD Maxon—Where there ? Prisoner—At Cooper's-
court.
The LORD MAYOR—At what number ? Prisoner—No.4.
The Loan Maxon—You lived there, I presume ? Prisoner—
Yes, I did.
. The LORD Maxon—Now, this is not your real name which
, you have given us ? The prisoner—Yes, my Lord, it is. My
master can prove that l;e knows me by no ~they name.
The LORD MAYOR questioned the prsoßtr still further, whets
he prevaricated considerably. His Lor ship remanded hint.

PAI'PER3 AND PARISH OFFICERS.
There have been many complaints made at the Jusice Room
against the Parish Officers of Ahlgate, for refusing to give relief to
the poor, who, it was asserted, hail claims upon the parish.
A crowd of wretched objects appeared at the bar. Some declared
that they were starvirg ; others that they were aick and helpless.
Tha appearances of all bore testimony to the truth of their suffer-
ings. There were abio several old women, who seemed to have
lost the use of all organs except the tongue, with which they lashed
the beadle with indescribable sieverity. They letting demanded
justice upon hint, tor having refussd to give them relict' in their
extremity.
Kinnerslev, the beak of the parish, with a perpetual 'smile
upon his lace, appeared in a grand laced coat to answer their corn.
plaints, apparently confident of being able to" throw them all over
the bridge."
The LORD MAYOR (addressing the beadle)—l wish, Kinners-
ley, you could put on a little humanity with that line coat of yours.
Your parish girds the Alagistrates who sit here more trouble than
any other. The entire time of a Magistrate will be requisite to de-
cide on the complaints of the pear against your parish alone.
The Beadle—My Lord, you are hanging us before we are tried.
IYou have not heard me answer them.
The Loon MAYOR—WeII. what have you to say in answer to
those poor creatures who complain so loudly ?
Deadle—Complain ! my lord; they're always a complaining,
my horst, though we treats 'em mole humanely than any body.
You've got a siet of bad 'tins before you, my Lord ; but let us hear
'eat. though there's little truth in 'em.
The first was a pale emaciated man, with sunken eyes, who
seemed to support with difficulty his feeble frame against the bar.
lie declared (and a hesitation of speech, which increased his claims
1 upon compassion, rendered him almost unintelligible to those who
had no charity) that Le had fallen down in the streets from exhaus-
thin and disease, in which condition he was carried to the wotk-
house,but refused relief there.

Beadle—Exhaustion and disea4e! guttling and drunkenness you
mein. This fellow is s halunnimible drunkard, my bar 1. He fell
town dead drunk in the street, and a butcher brought him on his
back to the workhouse, my Lord. We ate 'not to ettelurage
drunkenness, my Lad.
Pauper—Oh, my Lord, 1 was not drunk any more than 1 am
new. A Gentleman who saw me fall made me tastes drop of rum ;
1 am' unable to stand.
The Loan MAY on said he had no doubt, from the deplorable