The Sun.
London, England, 1845-08-15 00:00:00

SONS V. STRACHAN AND OTHERS.

Mr. ROMILLY (with whom was Chambers),
applied ex parte, on behalf of the plaintiffs, whe are extensive
calico printers carrying on business at Clitheroe, for a special
injunction to restrain the defendants, Messrs. Holt and Bond,
who are calico printers at Manchester, from printing and pub-
lishing the pattern of certain prints on calico, for the inven-
tion, publishing„and seliipg of which the plaintiffs, under the
Copyright of .Designs .Acts, ,had a protection of nine months.
and also to restrain Strachan and Roan, two of the other de-
fendants, who carry on the business of warehousemen in Friday-
street, in the City, from selling any of the prints, which were
copies or imitations of those invented by the plaintiffs. From
the statements of the Learned Counsel it appeared that in the
month of April last the plaintiffs invented a pattern for ladies'
dresses, which they denominated a coral ornamented check,
which had been very much admired, and for which there was
so great a demand that the defendant thought fit to pirate it ;
immediately upon discovering this the plaintiffs took proceed.
ings against the defendants, and ultimately the present bill
was filed for the purpose of obtaining an injunction to restrain
such piracy.
His 'Hostonfts:,wlth:ettt the least hesitation, granted the in-
junction. ,
No other applications of any interest were made before his
Honour during the remainder of the day.

SECUNDARIES.—(THIS DAY.)
(Before Mr. Secondary POTTER.)
ELLIOTT V. TAYLOR.

The plaintiff in this action is a surgeon and apothecary in
Finsbury Pavement; the defendant is an eating-house-keeper
in the Minories. The claim was for S9l. for medicines sup-
plied to defendant.
Mr. TA LOR, the plaintiff's solicitor, deposed to a conversa-
tion with the defendant, when the latter admitted the debt, and
that he was furthor indebted in four bills of exchange.
Mr. HORRY, fotthe defendant, elicited that the venue had
originally been laid at-Bi the object was to expedite the
trial. Both parties residing in London, the venue might have
been laid in Surrey and tried at Croydon. Defendant did not
plead to the action, and he (Mr. Taylor) then took out a sum-
mons to change the venue to London.
Mr. Horner, assistant to the plaintiff, was called, and proved
the making up of the medicines generally. Draughts were
charged at Is. 6d. each; he could not readily say what the in-
gredients were, as they stood " repeated"—" repeated"—and
he could not find the first.

The SECONDARY said, in all probability the ingredients and
advice were relgtr utyooh`e-r.—( Laughter.)
The witne.i:Sairr only:View what was charged to patients
for medicihe, and'n9o4.intrinsic value. He was nut in trade
on his own account yet.—( Laughter.)
Mr. HORRY then submitted, as a point of law, that the
plaintiff suing 8.3 a surgeon and apothecary could not recover ;
that as a surgeon he could not. charge for rne:licines, except it
was incidental to an operation; and that his character as apo.
thecary.was merged in the higher one of surgeon. No surgical
operation had been proved.
The SECONDA KY said he would take a note of the objection,
but could not agree.
Mr. TAYLOR objected.
The SECONDARY said, there was a great difference between
taking a note, and reserving the writ ; he should not stay the
writ should the verdict be averse to defendant, as a summons
might be taken out. .

Mr. HORRY then urged that the defendant's not pleading
ought not to be taken as an admission of the debt, but he had
been obliged to abandon his case through the venue being laid
at Bristol; although, when he did not plead, plaintiff could
alter it lo London. Had defendant pleaded and lost his case
at Bristol, he might have beer. subjected to animadversion, and
perhaps punishment, for putting plaintiff to unnecessary expense.
The Learned SECONDARY thought that that fact had
nothing to do, with the fact of whether medicine had been sup-
plied or its value.—Verdict for the full amount.

PA ACE CO URT.-(T HIS DAY.)
FILLING F. HANNELL.-UEFUSAL TO PAY A DEBT TINDER. 201

In this case it appeared that the plaintiff, who is a coal dealer
at Paddington, had supplied the defendant from time to time
with coals to the amount of 16/. 16a. Plaintiff had repeatedly
applied for the cash, but was often put off with nothing but
promises. At length, however, defendant, addressing plaintiff,
said," As the debt was under 20!., he could not think of pay-
ing it at all."
The defendant was undefended by counsel.
The CHAIRMAN (Mr. Brent) having addressed a few words
to the jury, the latter returned a verdict for the plaintiff; the
whole amount to be paid instanter, with costs.

SUNDERLAND ELECTION.-STATE OF THE POLL
AT THE CLO:E.--Tt►e numbers at the cluse of the pull
were:—

Hudson •' " 627
Thompson 497
Majority fur Huchon . ... —l3O

MORTALITY OF THE METROPOLIS.—The tota
number of deaths registered in the metropolitan district
for the week ending Saturday August 9, 1845, was 918,
being an increase in the number registered during the
previous week, of 91. The number of deaths from
disease during the wtek ending August 9, was 870,
being an increase on the previous week of deaths from
disease of 58. The deaths from diseases of the organs
of respiration during the.week ending August 9, were
204, while those from epidemic and contagious diseases
amount to 190.

TILE LATE GENERAL SIR RICHARD D. JACKSON,
K.C.B.—Prolate of the will and codicil of Sir Richard
Downes Jackson, formerly of H lade- street, Manchester- square,
but late of Montreal in North America, Knight-Commander
of the Bath, and Lieutenant-General and Commander-in-
Chief of her Majesty's forces in Canada, was granted on the
II th instant to the executors and trustees, Charles John
Manning, Esq., the son-in-law, and Lieut.-Celonel Francis
Davis, and John Coles Symes, Esq. The personal estate in
England is sworn under 7,0001. He confirms the settlements
wade on the respective marriages of his daughters, from his
estates in the counties of Bedford, Hertford, and Southampton;
and, subject thereto, he directs all his estates to be converted
into money, and invested for the benefit of his daughters and
their children. The General died at Montreal on the 9th of
June last.

STEAM NAVIGATION.—Yesterday forenoon an ex-
perimental trip was made in the second Janus, the sister boat to
the k±ee, to be named the Ant, notice of which appeared in our
columns of last. week. She• ran the distance from Greenwich
to Chelsea-pier—a.distance of about eleven miles—in the in-
credibly short space of 38 minutes, baffled as she was occa-
sionally by the numerous craft on the river. She then stated
back on her return, and accomplished the run down to Green-
vi ich in 33 minutes. '1 he engines of these beautiful vessels
are constructed by Messrs. W. Joyce and Co., Greenwich Iron
Works ; and the boats built by Messrs. Ditchburn and Mare,
Blackwell. '
FATAL. ACCIDENT AT TILE EASTERN COUNTIES
RAlLWAY.—Yesterday Mr. Baker held an inquest at the
London Hospital, on the body of William Holman, aged thirty-
three years. It appeared by the evidence of Daniel Long, that
on Friday week witness and deceased were employed at the
new depot for goods, now erecting at Bethnal-green station of
the Eastern Counties Ftc;ilwa, ; they were painting a targe iron
girder twenty-bine let; long, and weighing ;iv° hins and seven..
.
tern -hundredweight,
..it.iyas set-up on edge for the convenience
of painting, when witness with a spade removed some rubbih
upon which it v,-as reAtiug which eau,ed it tn.turn over, and it
fell upon deceased, by which his left thigh was fractured. He
was conveyed to the'heSpitat, where amputation was' resorted F
to, but the deceased gradually sank and died on Tuesday last.'
Verdict—Accidental death.

FLANDERS MAIL.
BaussEr.s, AUGUST l2.—The King and Queen will set °°ll
fq• Germany early to-morrow morning. A special train
convey i
ther Maje sties to Aix •la- Chapelle. ref
We find the fol owing statement in the Journal Cogs'
~e 4
of Antwerp : In the month of November, last year. lot,
ships, which were at anchor at Taganrog. in the Sea of
were wrecked. Among them was the Frederick Franz, ut, too
J. J. Cordes. The captain aas on shore at the time of be
aeeident. By order of the Consul, he took means to find
remains of the ship, but in vain. The fact of the shineeb,
could not be positively ascertained, but a letter from h-er rt,
of the 7th of July, states that a ship had drifted into that
and was found to be the Frederick Franz, supposed to aO4
been lost eight months before. It was taken into the Fort, and
everything on board, the goods, baggage, &c., was found iovi
same condition in whickit had been left, only that the crew
abandoned the vessel. 'ntlet°
The accounts from different parts of the country cord'
beo
be very unfavourable as respects the crops. The rye has in
reaped, indeed, but a very small portion has been got
the Ardennes, even, the hay is not all got in, and the co'
crushed by the winds and the rain.

BELGIAN FUNDS.—Baussms, Auc. 13•
Actual Debt, 2!.4 per Cent • • • •
Rothschild's Loan, Five per Cent ........
Loan of Thirty Millions, Four per Cent .• •
Ditto Three per Cent • •• • •
Ditto Thirty-seven Millions, ditto ••• • • •
Ditto, ditto, 1840 ...... 101%
1844......................101%....... 101%
Ditto of the City, 1832 .. • • •• • • 101
Ditto, 1843 .... .... • • • • • 101%
Bank of Belgium.. •••• • • • • ... ...... 750
-Brussels Papers. Aug. 13.