The Sun.
London, England, 1826-12-07 00:00:00

SHIPPING INTELLIGENCE.

LLOYD'S.---(THIS DAT.)
DEAL, DEC. S.—Wind S. by W.—The homeward-bound
sailed for the River. Arrived and sailed, the Smyrna packet;.
Ball, from London to Smyrna. Remain, the Royal Charlotte,
Ford, from London to Jamaica ; and Anna Maria, Reuses, from
Amsterdam to Surinam. The rest of the outward .bound sailed.
The Florida, Hastings, from London to the South Seas, put back
about noon, and remains, having lost anchor and cable, and da-
maged her windlass, under Dungeness.
PORTSMOUTH, DEC. 6.--Calm.—The outward-bound remain.
Put-mot:l.u, Dec. s.—Wind N.W.—Arrived, the Perceval,
Letbaby, from SL John's ; and the Stakeaby, Corner, from
Quebec.

FALstourn, DEC. b.—Wind W. to W.E.W.—Sailed, the
Hebe, Trist, for Lisbon.

GRAVESEND, Dec. 6.—Arrived, the Lovely cruiser, Vivian,
from Malaga; Adriatic, Cockrell, from Haniburgb ; Margaret,
Sheridan, from ditto ; Harriett, Matthews, from Quebec ; Ar-
mond, Watson, from Hamburgh ; Smeeton Castle, Willis, from
St. Petersburgh ; Lady Rowena, Russell, from Newfoundland ;
and Sappho, Noke, from Smyrna. There are no mailings from
Gravesend to-day.
PARIS, DEC. 4.—The Hureux Etoile, Dupoy, from Guade-
loupe, and the Alini, Grette, of Nantes, were captured off Rio
Negro, by the Brazilian brig, Ernprendador. The Caroline, Gra-
zelli, from Marseilles to London, put into Calais on the 24th ult.
she was brought to off Cape St. Vincent, by a Morrequin xebec,
and the Master ordered on board, when his papers were examined.
GIBRALTAR, Nov. /6.—The Algerine squadron, which was
cruising in this neighbourhood, has retired.
CRONSTA DT, Nov. 17.--The Union, Dean, arrived yesterday
from London, and is the only British vessel in our port.

The Maria and Elizabeth, from Marseilles to Antwerp, struck
on shore in Carmarthen Ray on the inst., and has been
abandoned by her crew.
The William, fryer, from Falmouth to Southampton, foun-
dered off the Start on Monday; crew saved.
The Mountaineer, from Sunderland to Aberdeen,was driven
on the Bond Sand on Monday.

LAW INTELLIGENCE.

COURT OF CHANCERY.—{Taus DAY.)
HART AND CO. V. HUNTER. AND CO.
NEW CASE.

Mr. HAAT appeared, in pursuance of the liberty granted to
him yesterday, to make a motion in the shape of an appeal. The
plaintiffs, Marmaduke Hart and Co., and the defendants, Hunter
and Co., all carried on business as merchant 4, at Newfoundland.
The plaintiffs shipped a quantity of fish, per the Atlantic, to
Oporto, with directions that if the Captain (Allan, now deceased)
did not find a market in Portugal for the fish, that he should
proceed to some other port with the cargo; being to be paid, in
this latter case, an additional freight. The Captain did not find
a market at Oporto, and therefore he proceeded to Whoa, in
Spain. He there delivered the cargo to a Spanish house, which
sold the fish, paid the Captain the amount of his freight out
of the proceeds, and gave him a bill of exchange on their agents
or house in London, for the amount of balance due to the owners
of the cargo. In consequence of the bankruptcy of the house in
Spain happening before that bill was paid, an action was brought
at law here, upon which the plaintiffs recovered the amount.—
A new trial was moved for, and granted ; and that plaintiffs pre-
sent object was, to abaci, that the Captain could have got money
at Bilboa, instead of,;a bill, if he had pressed for it, which hill he
had taken for the accommodation of the house there ; the inten-
tion on the other hand was to make out that money could not
have been obtained in Bilboa, at the time the bill was given, and
that the bill was given for the captain's accommodation. The
present bill therefore, prayed no other relief, than that this Court
would restrain the trial of the pending action, until the return of
a commission, which it also prayed to have granted, to examine
witnesses in Spain, and which the plaintiffs (defendants at, law)
considered material for their defence on the new trial. The Vice
Chancellor hail refused the motion.

His LORDSHIP said it was a motion quite new to him. When
a bill of discovery was filed in this Court, and a Commissioner
prayed to examine witnesses abroad, it was always usual tior the
bill to have some object of relief in this Court beyond the mere
staying of a trial at law. But supposing there was an equitable
ground for relief on the face of
.the bill, was it ever known that
this Court had restrained a proceeding at law, when the Court of
King's Bench would or would not stay it, as the circumstances of
the case required, all of which they had full power to take cog-
nizance of?
Mr. 'Mar could not at the moment undertake to state. all that
he ,hied men, but asked to hive the opportunity of being a little
better informed upon the subject, the point his Lordship had
raised having been quite new to Urn.

His LORDSHIP observed, that the nature of the application was
entirely new to him, and therefore he would feel obliged to Mr.
Hart to look into the practice, between this and to-morrow, upon
what he had now prayed.

VICE-CHANCELLOR'S COURT.—(This DAY.)
The Court was occupied this morning in hearing arguments in
a cause of no general interest.

HIGH COURT OF ADMIRALTY.—(Tuta Dar.)
(Before Lord Stowell.)
Dr. J. Annaars moved for a monition against certain parties re-
sident in Whitehaven, to show cause why a bond for SW., passed
by them as security for the safe return of a vessel bound from that
port to Gibraltar, should not be forfeited ; the vessel not having
returned, and the master declaring that he had taken her into the
Mediterranean, and that she should never return. The vessel
was chartered at a monthly freightage, and the above bond passed
for her safe return to Whitehaven, where the owners lived.
The Court granted the monition to show came.
LA MITE VICTOIRE.

This case originally came before the Court in the shape of a
claim for salvage made by some mariners belonging to the Isle of
Portland against the owners of the above ►easel, which was a
French ship, brought into Falmouth by the salvors. Subsequently
a charge of obstruction was brought against Mr. Horeford, a Ma-
gistrate of Falmouth, who was the agent of the French ves-
sel, and the French crew, and upon this question the case now
came on for judgment.
Lord Srovertm., said, that the charge for obstructing the Court,
appeared to him most unfounded, and could only have been intro-
duced with a view to influence the mind of the Court. Mr.
Horseford was a British Magistrate as well as French Consul, at
Falmouth, and it appeared to the Court that his conduct was in
no degree unjustifiable. A hostile spirit was engendered between
the salvors and the French crew, snd Mr. Horaferd properly in-
terfered to prevent public disturbance. As to the crew, ignoront
as they all were of our language and our laws, it was nu
wonder that they should feel and evince considerable irrita-
tion when they were told by the salvors that the vessel
was their prize, that they had found it a derelict, that she was a
wreck, and similar expressions. His opinion was, that the Court
itself must 'bon become a wreck, under the weight of public dis-
satisfaction, if such proceeding, were tolerated. Under all the
circumstances the Court dismissed the charge of obstruction, which
only encumbered the case, with costs. As to the claim for sal-
vage, it was admitted on all hands that important services had
been rendered by the salvors, and the Court was of opinion that
the tender made (500/.) was not a sufficient remuneration for
those services.

Drs. JINN CR and Lusillsorox who appeared for the owners
of the vessel, stated the willingness of their clients to enter into
any arrangement suggested by the Court.
Lord Srowsu asked, what was the value of the ship and
cargo ?
Dr. JJENNIEK said, the ship and cargo were valued at 4,9001.
Lord STowELL—Theo let the salvers have 1,0001. and pay all
their own expenccs.

COURT OF N.111(371 ENCII.--(Txts DAT.)
(Belpre the LORD Ciller JUSTICE and a Common Jury.)
CHERRY RIPE.
WILLiS T. DUNCOMBE.

Mr. Ctrirry opened the pleadings.
Mr. Scattuirr stated that this was an action brought to reco-
ver compensation in damages, for the injury which the plaintiff
anstaised in consequence of the defendant having printed a song,
of which the plaintiff bad the copyright. lie, (Mr. Scarlett) ap-
prehended this was a common practise ;
he understood that the
defendanthed committed several depredations of a similar nature
on other persons. The words of the song were composed by a
poet of the century before last, (Robert Herring). The music
was composed by Mr. Horne, who introduced it in the
popular comedy of Paul Pry, in which it was sung by
Madame Vestrie at the Haymarket Theatre, where it was
received with rapturous applause. Mr. 'Willis purchased
the copy right of the music from Mr. Horne, and sold it at
2s. a copy. It became so popular in a short time, that there was
no one attached to music, that had not a copy of it in his hands
--every lady that went into society sung " Cherry Ripe," for that
was the name of the song; and every gentleman who met a lady
in society, was sure to press her to sing it. From this, the value
of it to the proprietor might be easily judged. The popularity. of
it, tempted the defendant to publish w spurious imitation, which

he palmed off on every person as the original song, as sung by
Madame Vestris, and thereby deceived the public, to the great
injury of the plaintiff. The pirated composition was sold for
Is. 6d., whereas Mr. Willis charged 25.: very few would pur-
chase it at the latter price, when given to understand that
they could have the same for sixpence less. Of the numbers
sold by the defendant, the Jury might easily judge from the fact
of its having gone through several editions. Mr. Duncombe
lived in a public situation, Queen-street, Lincoln's Inn Fields,
and be was in general considered as having a cheap shop, so that if
any person should enquire where " Cherry Ripe" could be found,
he was sure to be directed to Mr. Duncombes. The plaintiff
was at an immense expense in getting up the music of this song,
and the law gave him a property in it for 14 years, and also means
of recovering damages for any injury he should sustain from its
having been pirated. As there was no defence to the action, the
only question for the consideration of the Jury was the amount
of damages.
The following witnesses were then called

Charles Henry Horne examined by Mr. Currtv—l composed
the music of Cherry Ripe; the song of that name sold by the
defendant, is an imitation of mine; the melody is' the same, with
some variations.

Edward Milner proved the agreement for the purchase of the
copyright by the plaintiff.
The deed of agreement was then put in and read, whereby it
appeared that Mr. Willis had paid ten guineas to Mr. Horne for
the copyright.

The CHiet JusrlcF asked if there Inas any evidence of the
plaintiff having entered his title at the Stationers' Hall.

- Mr. SCARINTT said, that it was not netvisary to prove that
(in an action of damages), such evidence being only required
where the penalty was sued fin'. A shop-boy of the plaintiff
proved that the getting up of the song cost Mr. Willis 400/.
The Cinas- JusrrcE, in charging the Jury said, that the
plaintiff was entitled to their verdict, and that the amount of
damages was the sole question for their consideration. The
Jury retired for a few moments, and returned a verdict for the
plaintiff—Damages, 2001.

COURT OF COMMON PLEAS—(Tais DAs. )
CON, MA(C V. BAIN.

Mr. CUMMINS opened the pleadings.

Mr. Sergeant SPANKIE stated, that this was an action for the
recovery of the price of ten hogsbe.ads of porter furnished to the
defendant, in November 1818, on the plaintiff's guarantee, by
Messrs. Taylor and Co., brewers, in Limehouse, and which the
plaintiff was obliged to pay to Messrs. Taylor and Co. in May last.
The guarantee and delivery of the goods were proved ; and it
also appeared in evidence, that the proceedings at the instance of
Messrs. Taylor and Co. against the plaintiff commenced in Feb, ,
1824, and that in October following the plaintiff and defendant
had an interview with the attorney for Taylor and Co., when the
defendant did not deny having received the goods, but contended
that he was not liable for the debt in consequence of his having
been discharged in March previously under the Insolvent Debtor's
Act.

Mr. Sergeant Laws, for the defendant, maintained that his
discharge under the insolvent Debtor's Act relieved him from the
present claim.
Tfie Cintr.Turrica understood a discharge under the Insolvent
Debtor's Act, to relieve only from debts owing at the date of the
discharge, and not from such debts as might arise subsequently
from engagements that he entered into previous to the discharge ;
and as the present debt was of the latter description, he conceived
the Act did not apply.—Verdict, for the plaintiff, :iB/.

OLD BAILEY SESSIONS.—(THis DAY.)

OLD COURT.

These Sessions commenced this morning at the Sessions-House,
Old Bailey.
The following is a summary statement of the prisoners for trial
and the offences with which they stand charged :
Murder, 4 ; rape, 1 ; cutting and maiming, 2 ; burglary, 2 ;
house-breaking, 6 ; highway robbery, 11 ; sheep-stealing, 3 ;
stealing from dwelling-houses, 13 ; horse-stealing, 2 ; assembling
with others for the purpose of landing goods, 1 ; embezzling, 3 ;
manslaughter, 2 ; stealing from the person, 42 ; receiving stolen
goods, 5 ; larcenies, 175 ; fraud, 4 ; bigamy, 3 ; uttering coun-
terfeit coin, 2 ; perjury, I ; cutting at shop windows with intent
to steal, 2.—Total 286.
Shortly after 10 o'clock the Lord Mayor, the Sheriffs, Mr.
Baron Bullock, and Mr. Justice Littledale opened the Court in
the usual manner.