The Sun.
London, England, 1859-12-20 00:00:00

LAW INTELLIGENCE.-(TRIS DAY.)

SHERIFFS' COURT.
(Before Mr. Kerr.)

RENDER V. MAXWELL-SINGULAR ACTION ET A PRINTER.

Plaintiff is a printer, and defendant an advertising agent,
and proprietor of the Welcome Guest, Town Ted/c, and The
Family Friend and Economist.
Mr. 0. B. C. Harrison, as counsel for the plaintiff, said
that the present claim was £lO for a scrap-book, supplied
to the defendant under the following circumstances :
Plaintiff Ind from, time to time fora number of years col-
lected scraps from various newspapers, and, after classify-
ing, had arranged them in the form of an interesting book.
There wore history, biography, facetire, and matters of
public interest relating to Ireland and Scotland. For
instance, there was " Peel's First Attempt at Oratory ;"
" The Death of Miss Biffin," a celebrated portrait painter.
Mr. Phillips (defenda.n't counsel)—l thought she was a
lady who was celebrated for her want of arms.
His Honour—Did she paint ? I thought she wrote with
her toes. (Laughter.)

Mr. Harrison—She painted miniature portraits, and very
well, too.
His Honour,—l dare say a great deal better than they
paint them now.
Mr. Harrison—Then here's a wife costs but a trifle, and
yet she often turns out a little dear. Now defendant,
knowing that plaintiff was posgessed of this vary useful col-
lection, applied to him, and plaintiff sent it, an agreement
being made that it should be either returned in a week or
purchased. After many applications for the return of the
book, plaintiff wrote that he should consider defendant had
purchased it..

- His Honour—l am of opinion that you cannot go on as
the summons now stands. There was no contract to buy,
and you can't thrust tho book on to tho defendant, and say
if you don't return it by a certain time you must keep it.

Mr. Harrison—Your Honour will hear that the book has
been used by defendant, and that certain pages of matter
havo been abstracted.

Many letters were read, and in one plaintiff had demanded
his book by a certain time. Seven weeks afterwards it was
sent home, and defendant had expressed his 'egret for keep-
ing it so long.

Mr. Maxwell was called by his honour, and said that he
never told Mr. Reader to make the collection. Ho received
the book in the ordinary course of his business, and took
it home with him. He never used a line in any of the
periodicals under his control, and had not cut out any of
the paragraphs. .

Plaintiff said that defendant did ask him to make the
collection, and that the book had been mutilated since it
had been in defendant's possession. _ _

His Honour thought that the book could not be looked
upon as copyright. It was a collection from periodicals,
and perhaps there might be something from one of defen-
dant's own papers.
Mr. Harrison said that the book had boon detained a long
time.

Mr. Phillips—lt would be very hard upon Mr. Maxwell,
as editor of a periodical, and one who receives a hundred
packages in a day, to bind him down in this way.
His Honour—lie is in the position of any other editor,
and if he uses must pay for it. He thought that plaintiff
could not claim £lO for the damage, but the matter would
be put as one of special damage, and as defendant had kept
the book for seven weeks beyond the time that plaintiff
urged him to return it, he must pay 75., or ls. per week
damage.

Mr. Maxwell—lt is very hard.
His Honour—You must stick up in some conspicuous
place, "Manuscripts will not be returned, being left at the
author's risk."

POLICE INTELLIGENCE-(TBIS DAY.)