The Sun.
London, England, 1804-06-20 00:00:00

COURT OF SESSION.

A few days ago, the Court had under their con.
sitieration two cases not uninteresting to the Public.
The first turned upon the general question, Whe-
ther there be any Literary Property, under the At
of Queen Anne., where there has been no entry of
the work in Stationers' Hall. This question arose
respeaing the works of our favourite Poet BURNS.
His Poems were first published in 1.787 ; and, by
his lamented death in 1796, the endurance- of the
property in those Poems was limited to fourteen
years from their publication. But he composed
some new pieces, for an edition of his Poems which
was published in 1793. He had published also
many pieces, and the greater pat t of his Songs,
in the work of Mr. Thomson, reserving to himself
the peopertnt and on his death, his executors
found a great many Poems -worthy of publication,
Which did not seem to have been published before.
In the edition which Dr. Currie of Liverpool pre.
pared for the benefit of the Poet's family, the poems
of 1793, the songs first published in Mr. Thomson's
collettion,, and some new pieces, were included ;
and this edition was purchased by Messrs. Cadell
and Davies, of London, and Mr. Creech of Edin.
burgh. This edition was printed and published in
London, in 1800 ; but as it has been understood for
a long period of years, in England, that it- is not
necessary to enter a work in Stationers' Hall to
,preserve the property, this was not entered. The
publishers of Dr. Currie's Edition soon found reason
to complain of depredations. Editions were pre..
pared in great numbers, all over Scotland, of all
Burns' favourite Poems, and published. very cheap.
ly, including the piec.es of which the term was not
expired, as well as those of which the term was out.
Apnrcation was made to the Court of Session for a
suspension and intertlin (similar to an injunetion in
England), and that was followed up by an action of
datnageg„ The defence was chiefly grounded on the
fad, which was not disputed, that the editions of
.1793 and 'Soo,' were not entered in Stationers'
Had. It was contended, that such entry was, by
the statute, indispensably necessary to bestow an
exclusive privilege, on the author or his assigns;
and that it had been so decided by the Court of
Session in two former cases. By the assignees of
the heirs of Burns it was contended, that Ibis. was
not the true interpretation of the statute; but that
the Court was not free to judge, as, by the uniform
opinions of English Judges and Lawyers fur more
than half a century, confirmed by a solemn decision
in 1798 by the Court of King's Bench the prat tice
of booksellers had been regulated,. and the entry in
Stationers' Halt pradised only where there was a
desire of securing the penalties..
The Court of Session, however, found the entry
in Stationers' Hall an absolute condition of the ex-
clusive privilege, without which no right was vest-
ed ; and as there had been no entry in this case, they
found the publication nnobjeetionable, dismissed the
action of daniages, and recalled the interdict origi-
nally granted by the Lord Ordinary on the Bills.
A reclaiming petition has, we understand, been
presented against 'this judgment, which has been
appointed to be answered. _ _

-.The other case which the Court had under its
consideration, on the same day, also regarded Lite-
rary Property. Burns 'had achlressed a number of
letters to a Lady, whom he chose to distinguish by
the name of Clarinda. These letters found their
way to the public ; and beingdeemed by the friends
of Burns in 'no shape honourable to his memory,
they applied to the. Court of Session for an interdid
to stop the sale. The abstrad question decided by
the Court was, whether* even on the supposition
of a consent by the receiver; letters can. thus be
published without the consent of the writer, or
(after his 'death) of his representatives ? The Judges
were decidedly of opinion, that the receiver of a
letter has no right to publish it without the consent
of the Writer, or of his representatives atter his
death; and therefore granted:a perpetual interdief
against the publication and sale of Burns' Letters
to Clarinda.

An old maid, who keeps twenty cats in Dogwell.
row,•Bethnal.Green, to the great annoyance of her
neighbours, some days since took out warrants
against several persons, on suspicion of their having
aided in hanging one of them before her window;
the Magistrates, however, dismissed the complaint,
with costs. The cats, some of which are very large,
sleep and eat with their mistress.

Seviral brick-makers were last week sentenced to
three months imprisonment in the House of Correc-
tion, in-Cold Bath Fields, for leaving their work
unfinished: others employed at Grays, &c. hive
been sent to Chelmsford gaol, having in some in-
stances been pursued seventy miles.