The Sun.
London, England, 1827-01-11 00:00:00

PRICE OF IRISH

Bank Stock 4B2N
Consola, 3 per cent 79%
Gov. Stock, 3% per cent. ... 8174%
Ditto, New Bs3i
4 per Cent 95%% 5 5%
Gov. Deb. 3% per cent.
Royal Canal Stock . 95%
Grand Canal •Stock ----

City Deb. 4 per cent.
Ballast Office Deb. 4 per cent. --

Arrived. Due. Arrived. Due.
O America 0 ' 0 Guernsey/11.1m.y. 0
0 Brazil 0 2 Hamburgh 3
0 Buenos Ayres -0 - 0 Holland 0
O Donaghadee 0 0 Jamaica 0
1 Dublin
O Flanders 0 0 Lisbon 0
O France
0 Gottenburgh 2 0 Waterford 1

HIGH WATER AT LOND(II,N,RRINGR TO-MORROW.
Maiming 29 minutes after 1. I Evening

-
T ,
Jbe 4 -

LONDON,
THURSDAY EVENING, JANUARY 11, 1827.

It is confidently stated in the Ministerial Circles,
that the Marquis WELLESLiY will shortly have a pro-
minent place in his MAJESTY'S Councils.

The Paris Papers of Monday and the Etoile of
Tuesday morning reached us last night. They leave
us still in uncertainty with regard to the great ques-
tions now pending at Madrid. The Etoile publishes
a letter from that capital dated the 28th, but it relates
to the weather and state of health of the inhabitants—
cautiously avoiding the mention of political subjects.
In the Constitutionnel and Quotidienne we find
private correspondence, dated the 29th, on the state ofd,
public affairs, but no conclusive opinion can be form edl
from thence of the intentions of FERDINAND.
Mr. LAMB had formally communicated to M.l
SALMON the landing of British troops in. Portugal.
His endeavours to effect a change in the Ministry are
said to have been unsuccessful, and according to these
letters it was expected that he would immediately with-
draw himself from Madrid. A report prevailed in
Paris on Monday that he had actually taken his de-
parture. The Swiss troops were making preparations
ror their return to France..

The new law for the regUlation of the Press in
France seems to occupy
_public attention to an un-
usual degree ; but notwithstanding the decided oppo
sition of the press itself to 'the 'intended measure, and
the force of the arguments used, it is likely to piss.
The Aristarqu' e, an ultra journal, has already antici-
pated
signifying its intention
to die the effect
o
defatthhealtao' by signifying
instead of having its ex-
istence t
istence terminated by the strong hand'of the law.
The French Government have' been evidently di-
recting their attention for some time past to.the state
of their Navy, and the means of rendering the Naval
a natural
ee
departments more efficient.

The official part of the Moniteur of Monday con-
tains three Royal Ordinances relative to their Marine:
The first, after a preamble stating the reasons for the
measures, decrees that there shall be a Maritime Pre-
fect in each of the five great ports of the kingdom ;
the second appoints the five Piefects ; and the third,
after stating that experience has shown the dispropor-
tion between the number of the Members of the Board
of Admiralty and the importance and extent of their
labours, creates Vice Admiral Count de GouRDoN,
and the Vice Admiral Count de ANGIER, Members
of that Board. We have inserted extracts of these
Papers in another column. The French Funds con-
tinue steady.

FRENCH FUNDS.-PARIS, JAN. B.—Five per Cents. 99f. 50c.
45c. 40c. 45c. 40e. 45c. 40e. ; Three per cents. 6'7f. 90e.
85f. 80f. 83c. 90c.; Bank Stock, 2005 f. ; Naples Relates, 75f-
-90c. 74c. ; Rentes d'Espagne, ; Royal Spanish Loan,
; Exchange on London—One Month, paper, 25f. 40c.,
mow, 2.5 f• 35c • Three Months, paper, 25f. 25c., money, 25f.
- 2
20c.— Cours Authentique.

The Mediterranean mail, which arrived yesterday,
brought nothing new.

"Montreal Papers to the 11th Dec. also reazted
,own yesterday, but their.contents are uninteresting.

Various reports agitated the City this forenoon.
One stated that the Earl of LIVERPOOL is going out
of office; another, that M. VILLELE was about to re-
sign ; and a third, that Mr. LAMB had left Madrid.

We continue in our Paper of this day the official
correspondence between Mr. CANNING and the Ame-
rican Minister, respecting the trade of. the United
States with our West India Colonies.

In another column will he found a note from Mr.
GALLATIN, dated Sept. 22, in answer to Mr. CAN-
NING's note of the 11th of that month, which we

inserted yesterday.
It is not our wish to make any invidious observa
tions on this despatch, but we may perhaps be allowed
to remark, without apprehension of it being said that
national partiality has blinded our judgment, that our
Right Honourable Secretary has greatly the advantage
of the American Ambassador, both in the soundness
of his arguments, and the style of expressing them.--'
Mr. GALLATIN labours hard under the evident dis-,
advantage of feeling the weakness of his cause, and
being obliged to argue upon exceptions, rather than
in opposition to general and irlefragable principles.l-7
We must, however, do him the justice to say, that he
argues the question with considerable acuteness and
r ability, and exhibits at the same time a very praise",

red
bat

worthy moderation of temper.• • His 'note-is entirely
free from any expressions dempnstrative of, or calcu-
lated to produce, angry feelin,gi. ~. •
i• We must poistpone our general remarks on the
whole subject, until another opportunity.

)Lir
e9s

bi-
aid
lail

he
sod

By the 'proceedings on Tuesday at the Surrey Sea-
, Eons, it would seem that the Fetc.harn Murders are
riot dead yet—the extravagant expenses incurred in
Prosecuting two suspected characters have very justly
become the subject of consideration, and the bill .of
costs will no doubt form a very edifying document for
the informatiCin of Country Gentlemen. It appears
that four hundred pounds will not pay the piper, for
not bringing the perpetrators of the late murder to
justice. But the public wonder need not be excited
at this amount, when some of the items are taken into
consideration, the most Magnificent of which is a
coach andfour; for police officers to travel through the

country in quest of mendicant murderers ; really,
things have come to a 'pretty pass, when the subOr,
dinate officers of justice must have the equipage of
JudgeSlO'eXecute. their business. Not less than 771.
was charged for bringing forward witnesses in the.case,
arid how the balance will'be' accounted for remains to
be seen. One of the Magistrates expressed his de-
termination to resist 'the- payment.
.of such enormous
charges, and all agreed that tkeri::Wafi-ttip good reason
for instituting a strict inquiry.' Ile same Magistrate
mentioned one instance within hie -knowledge where an
Union Hall Officer. had charged 801. :fbe. three days'
expenses, in the case :of a', man who., Was indicted 'for
murder. Twenty Pounds a day is worth riding for—
but what shall we say for the conscience of the man
who could charge it—and the .folly'of those who paid
such monstrous imposition ?,—ls it not clear, that if an
officer can get Twenty Pounds a day for looking after
4 murderer, the day of his apprehension will come
unexpected—and that it is his manifest interest to
• play at the game of hide and seek as long as possible,
--for should the culpritescape altOgether for the pre-
sent crime, it would be no loss to the Officer, whose
indefatigable exertions are sheWri by the amount of his
hill ! The officer has besides this additional consola-
tion, that the offender will come to book one day as sure
aa the fox returns to his earth—and with aggravated
enormity, so that there will be more merit in appre-
hending him,' besides the prospect of double pay—a
Primary consideration. It would be curious if the
,stun
.which offenders cost the public were calculated.
before they •are finally brought' to justice, and how
much the officers profit by each convicted felon. If
they Were to profit by his depredations at the rate of
twenty pounds a day; or even one pound, they would
five him plenty of line to play upon, and let him: revel'
14 a prize ox, till he could grow no more, when ihey
Would consign him to the slaughter with- .as much Cool,
Hess as a publican dismisses a bankrupt customer.'
13.4 t the, idea. of a police offieer dashing -through the
Country in a coach and foUr after suspected felons, is
really ridiculous. One would suppose that the- thing
was done to warn the culprit --of his. danger; for rooks
‘ta,2not more,,alive to the smell:of pOwder than tiegular.
rot,ihers. are awake to the. signi`Of tie times, Whin a
four rattles along the road. We would not
up posed to insinuate that there is an understanding
I in, these things between the pursuer and iliepiirstled, for
Soule of the officers are most active aid unimpeachable,
but We have been assured that Other officers visit the flash
houses to inform suspected characters, by an understood
!go, that they may be wanted,. and had better make
ttl.lemselves scarce. This is good Jockey Ship, for an ar-
ticle must increase in value in proportion to its scarcity,
and the price of capture must be doubled, while the*
Pleasures of the hunt are piolonged. Butio be serious,
we know—indeed have felt--that the great trouble—
waste of time and expense, attendant upon pro-Secuting
°Fenders, are enough to deter people from 'seeking
kistice. We know several most respectable persons
110 have declined prosecution, entirely on this ac-
equnt. Men, however moral, do. not like to pay
'l)oney out of pocket in addition to the loss already
tlstained, merely to vindicate the cause of justice.—
people might do something for revenge—but to pay out
°f Pocket for the love of correcting the morals of a
thief, is no joke. Indeed, we know one gentleman,
residing six or seven miles from town, the mention of 1
ilvihose name would stamp his public virtue, but who,
"fug been robbed to' the amount of about 601.,
'Cued to. apply at a police-!9. because a neigh-
-onr of his had to pay forty .pounds extra charges
°,. officers who had sported a- coach and four looking
aft officers
some thieves in his • onii vicinity. Justice,- like
t.(I, may be bought too dear, and thereby defeat its
'l
eot• If officers have the hardihood to charge the
twtinty of Surrey fotir hundred pound's for looking after
r° persons, where would their conscience stop with the
ttelke,etl:t°f individual 7 If the • officers are paid too
their. wagesthemselves
bes increased, but let..them not pay
rinenalidetroediosteo
histlie
at- the expance.. of.' individuals,. for services
public generally. - It. is enough for a
aft„ property without putting good money
; -bad. We are really glad that the Surrey. Ma-
g'strates have been bit, as it will sharpen their acute-
tnhesossii correcting. an evil which presSes so severely on
st who can least help themselVes As matters,
stand
et
prese, . •
ProteCtiol lit the public have' only the show of
for the reality—the-shadow for the substance.

, • 'n' Tee Government of
,M cannot be so much distressed for
Y"id, b
as has been
it
is supposed,-Madr A
considerable sum has recently,
een remittefrom Madrid to PariS, for the purpose
t :of piying the dividends Un the loan of Guebbard. - •
The claima of British- subjects on the' Spanish Government are
beginning to attract much more attention than heretofore ; a
• belief having arisen that our own Government, under the
new circumstances of the Peninsula, will be more urgent in
its demands for their adjustment. The total amount is not lees
•, • than 2,000,000/. sterling, and "11 the claimants, with the excep-
; lien of three or four persons, after so long a'delaY, would be glad
•• to .'
: compromise with the Spanish Government; and, from what
We have heard, 103 in the pound would be eagerly taken. The
. agent of the' claimants, (Mr. Simon Cock, who has left London
for Paris within the last two or three days) wrote a letter to Mr.
Canning, relative to the parties who object to receive less than
the whole amount of their claims, and-to inquire whether, in the
event of an arrangement being completed with the Spanish Corn-
. inissioners, the Secretary for Foreign Affairs would facilitate the
adjustment by entering into a sub-agreement with such parties.
Pi
_. reply given by Mr. Canning is not distinctly known, but it
out
11.Delleveti to be extremely favourable, as Mr. Simon Cock' set
immediately for . the French capital on hie obtaining it.
Should Ferdinand be frightened into any such concession by the
threats of the British Government, the question arises, how, in
the present deplorable condition of the Spanish finances, he will
be.enahled to Fq 'd te the claime?—Morning Chronicle.
mimmit a

THE FUNDS.

CITY, (Tuts DAY), Twelve o' Clork.

The; British Securities have evinced a considerable degree of
gloom this morning, arid although no important transaction's have
taken place, or any intelligence been received by the regular course
of post, which could have an effect on Consols, yet they are heavy;
the fact is, that in the present state of the political horizon the
price is considered, by the reasonable part of the community, as
full high, and they are; therefore, unwilling to invest their money
in the funds, and the•plenty of money in the City is conside;ed as
the only cause of their continuing at the present rate ; the first
priee of Consols was 'BOl for account, but they speedily went, to
SOi I, at which sate they continue ; India Bonds are 45 '7; and
Exchequer Bills, -25. 6 pm. The Foreign Fonda seem to sympa-
thise with the state of the English Market; Mexican and Colom.
bian Bonds are both rather lower, the latter being 331 41, and the
former, 641 . 5-1 ; Danish are a shade higher, being quoted at
59i 60. Shares are quite a dead letter, and nothing can be re-
ported favourably of them.

Threeper Cent. Consols, ex.,div.;l9; Ditto for account, 801 1;
India Bonds, 45 7 pm. ; Exchequer Bills, 25 6 pm'.
Fonatorc Fusns.--Brazilian, 62 3 ; Buenos Ayres, 59 61 ;
Chilian; 37 8 ; Danish, 59i- 60 ; Colombian, 1824, ssi 44 ;
Mexican, 5 per Cent., 53 4 ; Ditto, 6 per Cent., 64,1 5.1 ; Pe-
ruvian, 31 S ; Portuguese, '75 6 ; Greek, 16 17 ; Russian,
86 7; spApish,
.13.1
MlNEs.—AngloAlexiean, 27A 2A- die. ; United Mexican, Si
71 die. ; Tlalpuxahua,. 50 60 pm. ; Brazilian, par ; Bolivar,
3 4 pm. ; 171 IS pit. Share ; Potnii, '6O 2 per Share.

o' Clo

In the absence of real news a variety of reports have been 'in'
circulation this ;morning in the City, of the sailing of two men' of
war with-sealed orders, that more troops were ordered for Por.-
tugal, that serious disturbances had broken out in Spain, and than
was obliged to retire for safety to Parnpeluna. a

Consols have not had any movement, and continue at 8O
fur Account,. and, 7479 fur raonei; Greek Ronde are lower;
and are 15i 11i.; Spanish, 13 ; in Shares, 13razils have fellenio
1 dis. par.

THREE O' CL 0 CK.
Consols for account, 80A., buyers.
FOUR o'CLOCKr—CLOSING
Consols ' - • Danish Bonds
Do. for. Ac.. 803.::' Greek Do. 1825
Brazilian Bonds 62 Mexican Do. 1825, 65
Buenos Ayres Do. Peruvian Do. 32
Chilian Do. 371- Russian Do. 861
4
Columbian, 4824; -MI Spanish Do.
_ s

LAW INTELLIGENCE.

COURT OF .CHANCERY.—(THas DAY.)

EX-PARTE BUSH.''--tl7 THE lIATTER OF CLENIENT, A SUPPOSED

LUNATIC.

Mr. Hain .appeared to oppose this petition, which was open-
ed by Mr. Hart yesterday. The petition was presented, he said,
by a Mr. John Bush, and two others, relatives of Mr. Clement.
—Mr. Clement was a gentleman of seventy-three years of
age; the petition alleged imbecility on his part 'from old age,
and incapability on that ground to manage his own affairs. The
Learned Counsel thought; that if such a petition was to be
granted; no individual Would ever wish to attain to that period of
life. He had often' had professionally to stand in the situation he
now did, namely, to defend an old man from being the subject of
a Commission, on alleged imbecility from age, and from
certain motives on •the part of the petitioners; and he felt bound
to say, that he had never considered any thing more cruel and im-.
proper than to make such ran application from interested and un-
warrantable motives. It appeared, that in this very case, the pe-
titioner had wished to form a partnership, with Mr. Clement at
the head of it, long subsequent to the period at which the circum-
stances brought -forward as the grounds of the imbecility took
place.

: His Loamitir here observed, that he considered it imperious on•
Mr. John- Bush to' make an affidavit, explanatory of the. circum-.
stances stated in Mn.--ohs.= Cletnent's affidavit against the petition, the
latter one biluded'to•lifAlf. Heald forming nog immaterial one.
Mr. Haar thought his-Lordship would have called for further.
medical evidence, tinter• than that of-the parties interested.;- but
the ►ffidavit "requiretTly, the Court should be furnished..
Friday next was then appointed for the matter to• be brought on
again. . . . •

WRIT OF N EXEAT-REGNO.
GRANT V. LUIIO.

. . ,
e . Mr. SHADWILL applied x-parte' fora writ of Ne E.reat-
.pegno, toyestraip Sir Alexander Grant from leaving this Colin-,
try for Amerien,-Kir which Plai.e he was about-to-embark from
Portsmouth. .Thi.-4eht ;ought. to be first satisfied-arose upon eel.-
,twin bonds, and:.

His LORDSHIP doubted his ability to grant such.an application
upon a bond debt. would; however, W:t into the Papers.
,Mr. Sliadtvell h9uled them to the ourt. • ' •

COURI OF KING'S BENCH—(This DAY).
Before Mr,- Justice BAILZT, and a Special Jury.
THE COPYRIGHT OF AUTHORS.

The TRUSTEES OF THE BRITISH MUSEUM v. PAINR and Foss‘
Mr. PaTTEsor opened the pleadings.

. _
The Arroasxy QKNERAI. stated the'case.—This, be observed,
was an action brought by the Trustees of the British Museum
against the Defendants, who are booksellers, residing in Pall Mall,
to recover the mil- of 143/. 121., being the amount of a penalty
incurred by
.them, for refusing to deliver a copy of the ninth
number of a 'publication, called " The Flora Grteca," as re
quired by the. Copy-right Act; before the passing of this Act
in the Bth year of Queen Ann's reign, the right of authors in
their works was uncertain, and as an encouragement to literature,
the legislature; in their wisdom, thought proper to give the author
an absolute right for 14 years, and a contingent right of 14 more,
if he should survive the expiration of the first period,- in all
works that he should publish. Asa compensation for this protection;
the Legislature deemed it proper, that authors should make some
compensation,_ by conferring on the State some homage or tribute,
and they required -of them to send 9 copies efeVery publication to the
Stationers' Hall to`-be disposed of as follows :—One to be sent to
the Faculty of AdVOCatem in Scotland, and one to each of the Univer:-
sities of that kingdom`, makingin all five for Scotland; four for this
country, viz„ 'one for Sion College, one for each of the two Univer-
shies, and "one for the King's Library, alias the British Museum.
This Act pasiedafier the Union with Scotland,and why that nation,
whiCh seldom lOses by their barg4ins, was considered to be entitled .
to more copies than England, he did not-know, unless it-was on.
account of their 'siipnior literary reputation, or the accident of
having
more Lfniver-sities. After the Union with Ireland, the Le-
gitlature thought proper to extend the same privilege to that country
and accordingly an act passed requiring 2 copies of every pubpublicationto be sent to tliai kingdom, 'on for Trinity College, Dublin - and-
another for the King's Inns, thus making in all•eleven ; in fro tht
passing of this Actilown to the present period, no complaint-has.
been made of this e:ontribution being too heavy a tax on the-me-,
ritorioid class -*of authors. The period of 14,yeats not being
deemed a' suffiZieileatiration of 'the Copyright, .an Act.wa.s pealed
in 18144 coriferri q on the author-an absolute copyright for 28 Yearis -
and a renet'al at the expiration of that period if lie should be.then:
alive. It might be expect-EN:Lila-4 for—thisexterisive- protection the Le-
gislature would require a proportionate increase of tribute from au-
thors ; but that was not the case, for though the period of the
copy-right was doubled, the onus on the author, instead of being
-multiplied, was alleviated; for before the passing of this last Act,
the Statute reqUired 11 copies on the best paper, but since, only
one of that description, and that,. for. the British Museum: The.
Legislature has eitended its protection so far as to prevent the copy-
right of anEnglish author from being invaded either in Scotland or
Ireland, and as it cannot prohibit the work from being published in
foreign countries, it has prevented its importation with impunity..
But to come more immediately to the subject, the sth section of
the Statute of 1814 requires, that if any book shall be published
within the bills of mortality, the same shall be registered in the
Stationers' Hall in one month after the publication ; and the
publisher shall deliver eleven copies thereof, if demanded,
for the purposes above specified. Another section impo-
ses a penalty of five pounds, and eleven times the price
of the work, on the publisher, for refusing to comply with
the previsions above-mentioned. The question which the Jury
had to try was, whether or not the defendants had subjected
themselves to this penalty; lie (the Attorney-General) would shew
that the publication in question came within the meaning of the
Statute, and he hoped the Jury would give a verdict which would
have a tendency to secure, for the use of the public, copies, of
publications which it might be otherwise difficult to obtain.
Rev. Henry .Harvey Baber, examined by the Sot.tcrroa-
Geste RA L-I am. one of . the librarians of the British Museum;
I am - keeper of the printed books ; I ordered some numbers of
the Flora Gresca. of the defendants, who were booksellers in Pall-
Mall, in January, 1825, for the British Museum. The numbers
which I ordered were 6,7, 8, and 9; they are published periodi-
cally in numbers ; I asked the price, and Mr. Foss answered, 12
guineas; I caw -the last part then published on a table in the shop;
this reminded me of an order which I received to complete the work.
• Mr. Foss told me that No. 10 would be out in Novembey. The

defendants sent No. 9 according to my orders. They afterwards
trot in a bill to the amount of it,.which wasl2 guineas.
•j
Cross-examined by Mr. ScARLETT,—In consequence of Sir
Joseph Banks's will, the Museum became entitled to the: original
part of this work ; I did not know that this 'work was given to
subscribers only, for I got the numbers which I required on order-
ing them; I told the defendants. that I had an order to complete
the works that were in progress When Sir Joseph Banks died;
I cannot say that copies were published for sale as well as for Sub
vribers. I do not know. who were the original publishers ; I
do not know that the University of Oxford are the publishers.
Re-examined by the SotactTon-Gxxxa4l.--4 was instkucted
to apply for this work for the library of the British Muieum. The
trustees refused to pay the bill.
By the COURT—I communicated to the defendants, in March,
the objections of the trustees. The, bill was subsequently Paid.
• Edward Thompson, the Attorney for the plaintiffs, examined
by Mr. GURNEY.—I gave notice to the defendanti that unleos
they sent a copy of the work to the library of the-British Museum,
I would commence legal proceedings against them. I searched
the Stationers'-hall, and I could not discover that the work in
question was entered there. .
Robert Durham examined by Mr. GURNEY—I purchased some
numbers of the " Flora GraTa," at..the shop of the defendants,
for 12s. each-number, ready money; and was not a subscriber.
Cross-examined by Mr. SCA RLETT-4 ptirehased then at trade
price for the Taylorian. Institutiou; I do„ not believe that they
had the original numbers.
• .

Mr. SCARLETT addressed the Jury for the defendants. He
.said thSt the British Museum, instead -of being the promoters
of literature in this instance, were taking steps to arrest
its progress.. . The Learned Counsel here entered into -the
history of the Statute of Queen Anne; which he said "did not
reqnire of authors to register their works in the Stationers'
Hall ; but, if fiey thought proper to have them registered, in that
case they were obliged to. send copies to the public institu-
tions, otherwise they could not avail themselves' of the benefit of
.the Act in case of piracy, that which, by the Statute of Ann, was
',Optional with the author, by the statute of 1814 was made peremp-
tory.. The 2d section says,-that every vOfurne of every Act, which,
after the passing of this 'Act, shall be published, ; now, by the
statute of 1814; this action muststand or fall ; and as the work
in question was commenced in 1806, he contended that .it did
not come within the purview of that statute, which refers only
to books that should commence being published subsequently to
1814. The statute -of Anne did not "require a copy to be.
sent to the British Museum, only to •the King's Library.
Works of this kind did not come within the meaning of either
Statute. The history of kwas this--41r. Sibthorpe, repius Pro-.
fessor of Botany in the University of axford, died in 1796, having
bequeathed his estate, amounting to 220/. a year, to the College,
for the purpose of completing the -Flora Graven, which be had
previpusly.designed, he directed that it should be published in ten
_volumes folio, with 100 coloured plates in each, and that whatever
remained of his estate, after completing this work, should go to
the establishment of a botanical professorship, the executors found
the work to be expensive, that they had not funds enough to complete
st without subsCribers, and, accordingly, after exerting themselves
to that effect, they succeeded in getting 26 subscribers, and pub-
lished the first number in 1826, the expenditure from that period
up to 1825, amounted to 9251., the. amount of subscription,
3,482/. The expence being so enormous they resolved to pub-
lish oily three more than they had subscribers for even the Uni-
versity of Cambridge, which had tke.same right as the British
Museum became a subscriber, and that of Oxford the publishers.
Thi's was no answer to an Act of 'Parliament, but it was an
answer to the propriety of the conduct' of the British Museum ;
if they should be obliged to publish efeten more, it would be im-
possible to do it out of the estate, and the Botanic Professorship
would perish. Could this be called encouragement of literature?
Independently of all these objections, he would show that the de-
fendants were not the publishers ; he would show that
their duty was only to serve them out to the subscribers. The
• University of Oxford and the executors of 'Dr.'Sibthorp were
the publishers. The Learned CounseVconcluded an elaborate ad
dress, by calling on the Jury to gave a'Verdict for defendants.
The following witnesses were then called:—
John White, examined by Mr. PLATT—I carried on the busi •
nese of bookseller in Fleet-st., in 1806. -The " Flora Grano" was first
delivered in my shop ; that now prOdueed is the first number,
faseiculus ; .it was brought forwrird by -the subscribers who
published the work ; subscribers, names were collecting about a
`year ago.; I gave it to none but 'subscribers ; I had no- trade
profit for deliiering them ; but I was allowed a commission for
eollecting the subscriptions. "There Were three numbers deliver-
ed at my house; the third number was delivered in 1813 ; 'swo
fasciculi make one Volume. • • - '
:Crops-examined by Mr. ScanLETT.-The introduction is in.
tatin ; it relates to-Abe whole.4-oric, not' to each particular
number.

.:Thomas Platt examined by Mr. ACARLETT,.--LI am one of the
executors. named in Dr. Sibthorp's:Will ; this work is published
according to the directions contained in that will ; Mr. Hawkins
is another.executor; the estate is at present in the 'hands of the
University of. Oxford; I receive the rents on account of the Uni-
,versty; they average.92o/. a-year ; there are no other fundsbut
:this, and the subscriptions to defray. the expences of the 'pnblica-
tion ; there are 26. subscribera; a copy is given to the editor,
Sir J. E. Smith, President of the Linnaean Society, who is
named by the executors ; I pay the whole of the expences :
The defendants paid no part except putting it into hoards ; they
paid neither printer, colourist, nor any artist whatsoever ;
the work is neither under their authority, nor control, nor for
their benefit, except that they are allowed a commission of
.ten per cent. ; there were only one volume and a half
or three fasciculi published before the passing of this Act ;
the expense of publishing the entire work was about 800/. the
amount of the subscriptions was about, ,663/. the expence of the
last fasciculus, was 640/. ; the two Universities are subscribers, as
are also the two executors, several subscribers have failed, I do
not think that the work will be completed within my lifetime.
This was the case for the defendant.

—Mr. Justice BAILEY obServed, that in his opinion, the defend-
ants were the publishers within the meaning of the act, but that
the act did not give a right to the British Museum, or any of the
other public bodies, to claim a copy of a work that commenced,
and was in progress before the passing of the act. The Attorney
General might take the sense of the Jury on it if he pleased.
Afar some desultory observations between the Court, the At-
torney-General and Mr. Scarlett,
Mr. Justice BayLEY told the Jury, that in law the defendants
were entitled to their verdict, which the Jury gave accordingly.
. The ATTORNEY-GENERAL took exceptions. The points re-
served for,the opinion of the Judges pre whether the defendants
are publishers, and whether each volume of the work consti-
tutes a book within the meaning of the statute.