The Sun.
London, England, 1823-07-23 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, JULY; 22,
MURRAY v. DUDDALE.
Mr. S&L inwEL:t. moved for an injunction to
.restrain the de-
fendant from invading the e9pyright of a poem , entitled Beppu,
published by. Mr. Murray, in 1817; the defendant having put
out an edition of the work at Is., which was
.considerably below
the publishing price. The poem was the work of Lord Byron
but though it was a work of a whimsical nature, it contained
nothing against public morals, as had been alleged against other
writings.by the same author, to which the Court had, upon
that account, refused protection.
The LORD CuaNcELLoa. asked, if there was any thing
oLnoxious in the book.
Mr. SIIADWELL said that there was not ; it was throughout
mere fun. .

The Lonn CHANCELLOR said, that if he did-,grunt an in.
junction, it must be upon the supposition that there was nothing
in the work of an objectionable nature. There had been
a, great many remarks nuttle. upon the line of Conduct. he
had pursued with respect to questieus of this nature. lie
Was old, enough to remember the refusal of the Courts, to
protect Dr. Priestley, from the destruction of some literary
property, which consisted of works proved before the Court tp
he of an objectionable kind. The rule laid.down at that time
was, that the law could gi.ve no protection to works written
against the morals and religion of the country. He hid then the.
honour to enjoy the intimaty of Many dignitaries and eminent
professors of the law, all of whom concurred in opinion as to
the propriety of the judgment—that in the as of a work, for
Court would not allow it urts would give no..daniages, this
pirating which. the lower Po
protection. He was aware of the ob.
jections taken on the other side, that the refusal of the injunc-
tion was the most effectual- way of disseminating the work itself:
but it 'must be remembered that the Court had no criminal.
jurisdiction in casesof this nature, and-that if the work were.
,really criminal, the publication of it could not, be stopped here,
hut it must be done in another way. In the next place he did
nut conceive it to be his duty to alter the law where it had been
settled without question, for a considerable time past. That
waa an opinion which he could not consent to abandon till. the
Legislature should think fit to alter the law, itself. -
Mr. SUADWEL L, said, that there was nothing in the book of
a nature which
being extended•to it.
couldirrevent the protection. of the Court froM,
The Lona CHANCELLOR said, on that supposition he
would allow• the injttriction, and ordered that it should be served
immediately,

VICE.CHANCELLOR'S COURT,'JvLY
CHANCERY REPORTS.
vxBEY v. SWEET AND PARRY:. 7)
Mr. BEAMES addressed his Hosouit soon after he had
taken his seat, and stated that he was instructed to inove for an
injuction in this case, in which Mr. Francia Vemey was the
plaintiff; a gentleman who, previous to the year 1817, had em.
ployed considerable time in reporting cases in Chancery. These
reports he hapublislied, among them was the 14th volume,
comprising three parts. The copyright of the first of these
parts the plaintiff had sold, but had reserved the two latter
for himself. The Bill, which was supported by affidavit, went
on to state, that the defendants, under pretence of publishing
ari++Abridgment of Chancery Reports, had under that title,
published the work which the plaintiff considered as a direct
piracy of his own. The plaintifFluid coinpared the work with
the 12th volume of his own reports, and he was of opi.
nion that the work was a direct infringement of his copyright.
The affidavit proceeded to allege, that all the statements of the
case in his own work, corresponded with the statements con.
tamed in the "
Abridgment," and the judgments were given
verbatim, with the eaception that they were written in the third,
The VICE-CIIANCELLon..—Take
instead of the first person.
your injunction.
Mr. BEANcEs.--The Court is aware that the injunction pro.
ceeds not only against the publisher, but also against the gen.
tlemen in whose name the work is published.
The VICE-CIIANCELLOR.—Give personal notice imme-
diately, in order that the defendants may be enabled to move
to dissolve the injunction next seal.
Mr. 11EastEs reminded his Honour that the seal was the day
afterto.inOricow.

The.Vicv-CiraxcEm.on.--Let notice be giyen, and let it
br undarstnod that on application the Court wi4. appoint an
,early day for hearing the merits of the case.

We have in our preceding columns, given ex-
tracts from the French and German Papers re.
ceived since our last. The intelligence from
Spain iu these, papers is unimportant; and strong
hopes are entertained that the silence of the ag-
gressors is owing to their having none but un-
pleasant facts to disclose. In, our extract from
the Morning Chronicle of this day (see fourth
page), our Readers will find the substance of an
account brought by a vessel from Gibraltar,
which strengthens so►rte previous rumours of suc-
cesses having been obtained by the Constitution-
alists in the neighbourhood of Seville and Cadiz.

The. German. Papers abundantly confirm. all
the preceding statements which represented the
Greeks as having made great preparations for the
approaching shock, of the Ottomans. It now,
appears that an opportune and extensive insur-
rection, doubtless fomented by Greek agents,.
has broken out in Thessaly. Onrsscus, at
the head-of eight thousand men, and, supported
by, other armed bodies, had immediately ad-
vanced for the purpose, of supporting the in-
surrection ; and the Turks had in consequence
evacuated all, their advanced positions, and re-
treated to Larissa. Onyssces intended to pro.
ceed, towards the. Peneus, with the view of at.
tacking the Barbarians, unless their present
force of o,ooo,men should be strengthened by
large reinforcements..

Even. the Journal des Debuts admits that we
have, by our quotations from, the Speech of the
King, of. FRANge, and by. a reference to facts of
public notoriety, completely refuted that as-
sumption of the celebrated Russian Note, in
which it is indecently asserted that the sole ob-
ject of the Invasion of Spain was the restoration
of France herself to tranquillity. But neither
the Journal des Debuts, nor the French Go.
vernment, nor its literary advocates in this or
.any other country, have as yet stated distinctly
either the motives or the objects of the war,--or
if they have sometimes seemed to advance some-
thing like a definite ground of offence, it has uni-
formly been annihilated by the statement, from
the same quarters, of some other ground for the
aggression, utterly inconsistent with and subver-
sive of the first. As nearly four months
have now elapsed since the passage of the Bides-
sea, it is surely full time that France should at-
tempt to make out her case against Spain, and by a
plain and intelligilile statement of her grievances,
previous to her own manifestations of hostility at
Paris, at. Vienna, and at Verona, endeavour to
offer some justification of her violence, to the
common sense of mankind, and to those Govern-
ments which have withheld their sanction from
that act of military aggression in the perpetra-
tion of which she is still engaged. We should
be glad to see this defence, so necessary for the
satisfaction of Europe, and for the rescue of
France from the infamy with which she seems at
present to be overwhelmed, undertaken by the
Journal des DObats, after the utter failure of the
zealous advocate for the Holy Alliance at St,
Petersburg!).

The Expresses from Paris this morning have
brought the French Funds at 90f. 60c.

We have given insertion to a curious letter
from a Correspondent, on the subject of the al-
leged differences in the Cabinet, and of the ru-
mours which have been for some time circulated
respecting a probable change in the Ministry.

But although we ourselves happoed to observe
the very circumstance stated by our Correspon-
dent as having occurred in the House of Lords,
and although it struck us at the time as some-
wrhat singular, yet we by nq means agree
with our Correspondent in the large and Important,
inference which he thinks proper to draw from a
fact so " trilling and unimportant in itself."—We
confess that we have no further knowledge on the
subject than the rest of the public ; and indeed we
cannot feel regret at being ignorant of supposed
facts, which perhaps have no real existence, and
are merely the idle creations of disappoint-
ment and discontent.—Certainly we may say
this much, as our firm conviction, that in the pre-
sent state of the public feeling of this country, it.
would be found impossible to carry on the busi-
ness of the Government without having such men
in the Cabinet as the Earl of LIVEUPOOI. and Mr.
CANNING ; and that on the other hand the
uisters nho are supposed (gratuitously, we must
presume), to differ from them occasionally in
sentiment, are not less securely established in tie
confidence both of the Sovereign and of the
Country.

Mn. OWEN OF NEW LANARK.—This inde-
-fatigable Philanthropist, besides being actively
-engaged in the completion of the arrangements
for the speedy erection of one of his pro-
jected villages at Motherwell in Lancashire, has,
as will be seen by a notice in our present paper,
requested another public meeting for the develope-
rnent of the means by which he proposes to cultivate
the rich resources of Ireland, and to restore tran-
quillity and peace to that distracted country.
Whatever differences of opinion may exist as to
Mr. OWEN'S philosophy, and as to some of his
peculiar views respecting education, we have
met with no persons, except some of the wild
visionaries in Political Economy, who are not
ready to admit, after sufficient examination, that
his arrangements are the best calculated that
have ever been devised, or probably can be de-
vised, for giving comfort and abundance to the
working classes, and for opening a new, profit-
able, safe, and almost boundless course for the
employment and investment of capital.

. JULY I.—Two Colombian pri-
vateers (brigs) are cruising outside the Straits ; one of them is
the President Bolivar, of 18 guns : they have taken several
valuable Spanish vessels.—July !. The British steam packet,
rigged as a three-masted schooner, arrived at Cadiz yesterday ;
she was detained by the French squadron tin about two hours.—
July 3. The steam packet stated yesterday to have arrived at
Cadiz, it now appears, was not allowed to enter that port by
the blockading
squadron; but her passengers and mail were
sent on shore, and she afterwards steered to the eastward.

It is said that 1113 MAJESTY intends giving a
splendid dejune and fete champetre to the distin-
guished Foreigners at the British Court, and a
select party of the Nobility, at the Royal
Lodge in Windsor Park.
THE DUKE OF YORK'S LEVEE.--YesterAY
the Duke of YORK held a levee as Commander-
in-Chief, at his office, in the Horse Guards, which
was attended by
between sixty and seventy mill
tart' officers.
-
On Monday, most of the Cabinet Ministers, a,
number of official gentlemen and others, partook
of the annual dinner given by Sir ROBERT PRES-
TON, at the Ship, at Greenwich, where white
bait and other fish were; the particular rarity.
Mr. LUSIIINGTON officiated for Sir ROBERT
PRESTON, who was unavoidably absent.
A letter was received yesterday from a pas-
senger on board the Princess of Saxe Cobourg,
which sailed from Gibraltar on the sth inst., but
is now performing quarantine in Standgate Creek.
It states, that on the morning of quitting Gibral-
tar, an express arrived from Cadiz, dispatched
on the preceding day, with intelligence that the
French division, consisting of 8,000 men, which
had advanced on that place with the expectation
of a speedy surrender, had suddenly retreated
and taken up a position at Xeres, where the
Spanish corps were preparing to attack them.
Provisions had advanced considerably in price at
Gibraltar, in consequence of the state of Cadiz,
into which city supplies were expected to be
thrown notwithstanding all the vigilance of the
French and the strictness of their blockade.

The FRENCH Am LISSA DOR and Suitt. arrivaid ift.
Canterbury on Sunday evening, slept at tbu
Fountain Inn, and proceeded on their route to
the metropolis yesterday morning.—( Kentidh
Gazette, July 29—)
The eldest son of Lord StomouTit lies in a
very dangerous state, and is hardly expected to
recover.

Madame Viol:), the Governor of Comma's
Lady, who has just arrived in town, is the
daughter of CANGA ARGUELLF.S, the celebrated
Deputy ; she is but 18 years of age, and has only
been married two months. Madame QUIROGA is
also expected by the Margaret, and is a Lady of
considerable accomplishments.
A further dividend was, on Monday last, or-
dered to be paid to the creditors of the late Bank
of Cotter and Kellets. The sum to be distri-
buted is 45,0001. which, on 360,0001. the amount
of the debts, makes a dividend of 2s. 6d. in the
pound. It appears that there are lands of COD.*
biderable value, of which the sales have not yet
been completed, and that their produce is ex•
petted to, be applicable to a further dividend in
November next.—(Cork Chronicle.)
Mr. W. eIiAPNIAN, who has become a success-
ful substitute for HARLEY at the English Opera
House, is the son of the respectable Actor of
Covent-Garden Theatre.

FOR THis SUN.

CHANGE OP MINISTEIt4.,

Ma. Eurron—There have been many rumours
rlspecting 'alleged- differences of opinion upon
serious subjects amongst his Majesty's Ministers,
some of which have even gone so far as to re-
: Tresent that there are an ultra Party and a
Liberal-Party in the Cabinet, one of which (at
least) is said to be anxiously endeavouring to
turn: out the other. I knoW not what founda-
tion there is for these reports, nor was I inclined
to give any credit to them, until I became an eye
and an ear witness to an occurrence, a few even-
ings since, in the House of Lords, which al-
though seemingly trifling, and unimportant in
itself, may warrant an inference in some de-
gree confirmatory of the reports alluded to.
A Noble and Learned Lord, justly celebrated
for the soundness of his legal decisions, having left;
,his seat for the purpose of expressing his dissent
from a measure proposed and supported by
some of his Right Honourable Colleagues,
was about, (as it appeared to me), to call a Noble
Earl, who holds a high station in his Majesty's
COMICIIR, his " Noble Friend;" but, he suddenly
'checked himself, and after a pause which could
not fail to be remarked by others as well as by
me, substituted the term " Lord," for "Friend,"
61ough it was impossible not to see that he had
been just about to utter the latter expression !
The sentence began with the pronoun instead of
the article, which would have been used, if the
Speaker had at its commencement intended to
apply the title Lord to the Noble Personage
4of whom he spoke ; and it was given thus
My Noble
'way "Sze. &c. &c.

isubrnit the above curious fact, Mr. Editor, to
your critical acumen; and as you are said, and
indeed seem, to be sometimes admitted behind
the curtain in STATE MA. rTERS, I shall be happy
if I succeed in drawing an explanation from you.
I am, &c.

NOY SE t ixsu. LOAN.—The fallowing. Circu-
lar was yesterday transmitted to several Mem-
bers of the Foreign Stack Excltunge
Lead en hall.street2lst July, 1823 (12 o'clock.)
" Stit—The reports which have been circulated so unex-
pectedly to us, respecting the Spanish. Loan of 1822 (although
we have no official communication on the subject of them),
may probably create controversy, and pos.sibly a reference.to
the Government of Spain,
" We are anxious to protect our friends, who have become
subscribers, from any uneasiness on that account. We have
therefore determined to ram the engagement wa have al.
ready from you, and not to. take any more at preseni, and we
request of you to do the saute with any further, listf you may
0 have formed
" We arc
perfectly prepared to demonstrate, that we have
been Nly Authorised in every step we have hitherto taken,
and remain, sir, your most obedient servants,
HULLETT, BROTHERS, and Co.".

A visible eclipse of the moon took place last
!tight, or rather this morning. The following
'were the particular CirCUlllititliCeS attending time
phenomenon : m. s.
Beginning of the eclipse . . 29 56 after..l:morning.
Beginning of total darkness 36 40. .2
Aliddle ofioclipse - :t..26 3 3
Ecliptic conjunction - - 28 4 3
Moon totally eclipsed - la 3 4
Total darkness ended - 15 26 4
Eclipse ended - - 22 10 6
Whole duration of the eclipse 3h. 52 14.
niglik eclipsed 18 deg. 10 min. 50 sec. from the norOt side of.
he earth's shadow.

THE LATE THOMAS ELLIOTT, ESQ.—r-IH the
In the Prerogative Court this morning, the King's
Advocate moved that administration of the goods
and effects of the above unfortunate Gentleiuttn,
who died, on-,the 7th May last in llonter-street,,
Brunswick-square, intestate, and a bachelor,
might issue to' Mr. MAULE the Solicitor of hls
Majesty's Treasury, on behalf of his Majesty,
which was ordered accordingly.
NawcAsTLE.—A rare occurrence has taken
Place in this Borough, connected With the choosing a RePre-
rntatise in-place of the late lamented W. S. Kix xEnst.y,
'l4. We advert to the circumstance of there being only one
candidate for the honourable situation. On Tuesday morning,
1 eats Brown, Esq. issued an address, stOng that after the
burial of Mr. Kitmersly, he should canvass the town : this was
l'ry shortly followed by one Erom J. Evelyn Denison, Esq. of
'ssington, in the county of Nottingham, the purport of which
7,0 Runilar to Mr. Brown's. On Thursday morning, Mr.
tknisoa made his enta into Newcastle, attended by a mime-
??..llB cavalcade, and also a great number of friends to the cause
!r which. he stood the advocate. In the assemblage we ob.
red many of the most respectable inhabitants. After passing
ty!rough the principal streets, Mr. Denison was taken to the
,lOlm Hall, where he was proposed as a tit person to represent
Vlllorough, by Ralph Clews, 'Esq., seconded by James Smith,
eq, Mr. Denison then made an addresti, but from The
bing and indecent conduct of two or three turbulent fellows,
„`ur
"°t a word could be heard. Mr. Denison afterwards spokelreni
„Isindow of the Roebuck Inn, and explained his political sen&.
meats,
Mr. Brown, contrary to expectation, kept away from
„—e,Horough, and on Friday (yesterday) circulated an address,
ittng that from a combination of parties and circumstances,
114 friends had requested him to decline, and that he had taken
theirc advice as far as regarded the present election. Mr. Deni-
son will, therefore, in all probability, gain his object without
sPPosition.
PLymouTli DOCK.--A. Meeting of the Inhabi-
Wits was held at the Town-Hall, which was crowded in every
Part, on Thursday evening, to take into consideration the pr.o-
!!rlety of altering the present name of this town to one more in-
-4lcative of us rising wealth and importance. After much an.
irument, it was unanimously resolved, lit, That the name of
the town should be changed ; and 2dly, That n Committee of
;11-Gentlemen should be chosen for the purpose of Inquiring
Into the feasibility of the object, and the best means of carry.
lug the same into effect ; the result of which is to be communi.
Sated to a parish Meeting, to be held on the Ist of October next,
CAUTION TO TAVERN KEEPERS 4ND OTHERS.
--On Tuesday last two respectably dressed men
called at the Blue Posts chop-house in the Hay.
market, and ordered dinner to be served them
above stairs, which, with the liquor, amounted to
twelve shillings. Escaping the observation of
the waiter, they descended to the bar, 'where they
left a'paper parcel sealed, directed to a Notary
Public in the city, requesting it might be taken
Care of till their return. It is almost needless to
add they did not return. The parcel on inspec-
tioo) proved to contain some old almanacks, part
of a tailor's pattern card, and the trial a' a note.
riOUs thief.