The Sun.
London, England, 1827-11-29 00:00:00

No. 10,988.

PUBLICATIONS.

LONDON, THURSDAY EVENING, NOVEMBER 29, 182

On the Ist of December, will be published, Bvo. price

ls. sewed,

ALETTER to the MAGISTRATES of
ENGLAND, on the increase of CRIME, and an
efficient remedy suggested for their consideration.
By Sir E. EARDLEY WILMOT, Bart.,
One of his Majesty's Justices of the Peace for the county of
Warwick.
Printing for J. Hatchard and Son, 187, Piccadilly.

This day was published, the Third Volume (completing
the Work), in Bvo. price 155.. of
A N ELEMENTARY SYSTEM of
-LAI: PHYSIOLOGY ; with a General Index to the
Three Volumes.
By JOHN BOSTOCK, M.D. F.R.S. &c.
London : Printed for Baldwin and Cradock.
, Of whom may be had,
An ACCOUNT of the HISTORY and PRESENT
STATE of GALVANISM. By the same Author. Bvo. 7s.

ARTIFICIAL TEETH—LEICESTER-SQUARE.
MR. WARREN, Surgeon Dentist, begs to
call the attention of the Nobility and Gent' y to
his infallible principle of supplying deficiencies of the
Mouth, whether of the Teeth, Gums, or Palates, arranged
on Gold, Mineral, or Sea-horse substances, from a single
Tooth to a complete set, without pain or inconvenience to
the wearer ; an I invites the most difficult cases in proof of
his superior system of fitting. Mr. W.'s terms will be
found consonant. with the circumstances of the applicant,
and no charge will be made unless by the full and entire
satisfaction of the patient.
Mr. W. also informs Medical Gentlemen qualifying for
country practice, or that of Tropical Climates, the he
continues to give Monthly Courses of Instruction on Desital
Surgery, combining Cleansing, Stopping, Exercising, Ex-
tracting, &c.. and including the manufacture and me-
thod of supplying oral deficiencies, on the most modern
and scientific principles, as practised by the first Dentists
in London and Paris.-7, Leicester-square.

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, Nov. 28.
WARREN V. WOOD AND PITCHER.

In this case the VICE-CHANCELLOR said, that as
the plaintiffs had not applied to the Court until so
late a period, he felt himself bound to dissolve the
injunction. At the present hearing of the cause, the
Court had, for the first time, been informed that the
plaintiffs had ample knowledge of the proceedings
of defendants a long time ago ; if that fact, had been
presented to his view at the time the injunction was
moved for, he would have refused it in the first
instance.

,Mr. HEALD, after reading an advertisement that
had appeared in the papers, threatening all persons
who sold the defendant's blacking with the high
displeasure of his Honour; and the pains and penal-
ties of a suit in Chancery, asked the Court to visit
the plaintiffs with the costs which had been incurred.
The VICE-CHANCELLOR said, he could not grant
that; but that the costs might be considered as costs
in the cause.

NEW SERIES of the RETROSPECTIVE REVIEW.

On Dec. 1, price ss. the second Number of
THE REIROSPECTIVE REVIEW,
and HISTORICAL and ANTIQUARIAN MA-
GAZINE. Edited by HENRY SOUTHERN, M.A.
and NICHOLAS HARRIS NICOLAS, F.S.A.
London : Printed for Baldwin and Cradock ; and Payne
and Foss.

MURRAY V. THE ASSIGNEES OF MEATH.

This case, which has been so often before the
public by the reports of this Court, and the report
of an issue lately tried in the Court of Common
Pleas, was brought on again to-day.
Mr. HEALD, for the defendants, moved that the
injunction, which the plaintiff had obtained, to re-
strain the defendants from selling certain copper-
plate-engravings, alleged to he the property of the
plaintiff, might be dissolved. The Learned Counsel
founded his motion on the verdict delivered in the
Court of Common Pleas, in a trial directed by the
late Vice-Chancellor. The postea would be pro-
duced, by which it would be seen that the jury had
decided, that according to the custom of the trade,
an engraver had a right to retain, for his own use and
benefit, eight impressions of any picture he might
engrave. There could be no doubt, therefore, that
the injunction ought to be dissolved.
Sir CHARLES WETHERELL, for the plaintiff, was
surprised that his Learned -Friend had not stated
some grounds for, or adduced some argument in sup-
port of, his application. Iri this case Mr. Murray
had filed a bill against the assignees of Mr. Heath,
an engraver, who had the misfortune to become a
bankrupt, to restrain them from selling impressions
of a copper-plate engraving, which, together with
the original pictures, were the property of Mr. Mur-
ray. The plaintiff had given them notice, that the
property they proposed to sell was his • but the de-
fendants replied, that by the custom of the trade they
had a right to retain a certain number of impressions;
What number had they a right to retain ? This was
not told. Several persons had made affidavits on the
subject, butnone of-them agreed. Some said engravers
had a right to:retain eight ; some said ten ; others,
nine or ten; and others, not.more than twelve. Then
again, there arose the question—what is the engraver
to do with them when he had retained them ? This
was a very important question. If he was only to
keep them in his own portfolio. for his own use, or
the use of his pupils,—for show only,: or as a kind
of souvenir of his past labours, that was one
thing. If, however, he was to sell them, to dis-
pose of, and to make money by them, the case was
very different. The plates to works, particularly to
works of science, were frequently extremely valu-
able, and such a right as this vested in an engraver
might be the ruin both of the author and of the pub-
lisher of some particular works. In a case in which
he recollected that he had the honour of arguing—it
;was respecting. Dr. Sibthorpe's 14ra—it was
proved, that if all the copies of the, work which the
acts relating to copyrights disposed of were claimed,
it would take away all the profits of the work. It
was in this view of the case that an issue had been
directed, the professed object of which was deter-
mine, first, if 'an engraver had a right to retain any,
and what number, of impressions; and, secondly, if
he had a right to retain, whether he had a right to
sell them. Now the Jury had returned a verdict
that he had a right to retain eight impressions for his
own use and benefit ; but, to have the right of re-
taining for one's own use and benefit, and to have
the right to sell, were rights totally different and
distinct. The Jury could sever have intended them
to be synonymous, and he was perfectly convinced
that if the Jury had had, as they ought to have had,
to try the question respecting the right to sell, they
would have deCided that the engraver had no such
right.'
Mr. HEALD said that his clients never intended to
try any such question.
Mr. Sergeant' EDWARD ',AWES (who was with
Sir C. WETHERELL) said, that the contrary appeard
On the trial.
The VICE-CHANCELLOR must see the order of
the Court which directed the issue.

CONTENTs,—RETROSPECTIVE REVIEW.-1. A
Knight's Advice to his Daughter in 13'71.-2. Frost's
History of Hull.-3. Hayner's Burleigh Papers.-4.
ris's Aurelian.-5. Voyages de Bernier.—HISTORICAL
AND ANTIQUARIAN MAGAZINE.-1. Travelling
Expenses in the Thirteenth Centurv.-2. Journal of Ro-
bert, Earl of Leicester, 1585.-8. Public Libraries.-4.
Original. Letters of Charles 1., James 11., &c.-5. Ba-
ronies by Writ.-6. Badges, Crests, and Supporters.-7.
Spanish Armoury in the Tower.-8. St. Saviour's, South-
wark.-9. Society of Antiquaries.-10. Early Poetry.-
11. Furniture of Henry Eighth's Palaces. —l2. Intelli-
gence, 1558, 15'70.-13. Adversaria.-14. Perquirenda.
—l5. Critical Notices ; Creation of the World ; Skel-
ton's Armour.-16. Creation of Honours, Changes of
Name, &c.
*la.* No. I. was published iu October; and the workis continued every alternate month. A few copies remain
of the first Series, complete, in fourteen volumes.

TCLARK'S GENERAL OUTFIT-
• TING WAREHOUSE, for the EAST and
WEST INDIES and SOUTH AMERICA, EXETER
'CHANGE, STRAND.

Officers, Cadets, and Writers going to India, and Gen-
tlemen proceeding to South America, or any other part
of tic Globe, will find in this Establishment the whole
of their Military Appointments, Swords, Chacos, Sashes,
Belts, Pistols, &c. together with a large and well .manu-
factored stock of Sea Cots, Couches, and Bedding; Cabin
Wash -hand Tables, Chairs, and Lamps ; Sea Chests,
Mule and Bullock Trunks, and every ether description
of Travelling Equipage.
AN ASzSORTMENT OF CANTEENS, ready fitted
with the necessary requisites for India and other tropical
climates ; likewise a great variety of Silver and Plated
Articles, Knives aid Forks, suitable fur fionilies going
abroad ; Military and Hindostannee Books, Maps, &c.
A FASHIONABLE STOCK of Carriage, Curricle,
Tandem, rhteton, Stanhope and Chaise HARNESS, with
every description of Saddlery, &e. &c. for home use, East
and West Indies, and South America, which merit inspec-
tion from their excellent quality, first style of workman.
ship. and moderate prices.
All the Articles in this Establishment are warranted,
and the excellent plan of fifty years standing is still strictly
•adhered to, of asking one Ready Money Price, but from
whirb no abatement is made.

THE SPEAKING FRENCH GRAMMAR,
BY J. V. DOUVILLE, •
PROFESSOR OF TUE MUCH LANOUAOR,
No. 1, Soho-square, near the Bazaar; and 2, Lawrence-lane,
Cheapside, London, 1827.

On the order being produced,
His HONOUR said, it appeared that an applica-
tion had been made to the Conrt to direct an issue
in these terms. Then followed certain terms; and
afterwards the order of the Court, directing several
issues, in one of which were the words " to take for
himself, to sell, mortgage, or dispose of," and in an-
other, "to convert and dispose of at his own free
will and pleasure ;" and afterwards the order directed
that it should be referred to the Master to settle the
terms of the issue.

Mr. Sergeant• EDWARD LAWES repeated his
former observation respecting what had passed before
the Master.

The VICE-CHANCELLOR said the question was,
whether an issue had been tried, and whether the
finding on that trial ave sufficient information as to
the power to sell. lie should prefer hearing Mr.
Heald make out that the finding had settled that
question, to any other mode of arguing the case.
Mr. HEAL.D thought there could be no doubt
about his client's right to sell. Whether an engra-
ver had or had not a right was not the question.
The question was, whether the assignees of a bank-
rupt had the right, and that he thought perfectly
indisputable.
The VICE-CHANCELLOR thought the injunction
ought not to be dissolved.
Mr. HEALD submitted to the Court that a new
issue ought to be directed, if the" Court thought the
cause in the same situation now as it was before the
expellee of trying this issue had been incurred.
Surely the Court must do something more in the
matter, if it thought that. the verdict of the Jury
ought to uphold the injunction.
After a long conversation among the Counsel,
principally on the subject of cOsts, which the Court
intimated its intention of reserving until a new issue
had been tried,
- -

The VICE-CHANCELLOR said, he would frame a
new order for an issue, and hand it over to both

parties.

COUKT OF KING'S BENCH, Nov. 2S.
MR. AIARTIN'S

Mr. CURWOOD applied to the Court for a writ of
habeas corpus to bring up a person named John
Hill at present confined in Stafford gaol, to which
he had been committed under Mr. Martin's Act,
for alleged cruelty to animals, in baiting a bull with
dogs. He (Mr. Curwood) objected to the war-
rant of commitment on two grounds : the first was,
that the practice of bull-baiting was not contrary to
the law of the land; and, secondly, that a bull was
not included in Mr. Martin's. Act for the prevention
of Cruelty to Animals.
Lord TEIkiTERDEN.—Why not take out a sum-
mons to have the matter beard before a Judge at
chambers ?

-Mr, Justice .BAYLEY here referred to the wart3lll-

INSOLVENTS APPLYIN
COUNTRY.—At the Court-hl
at Ten

Baylis, T., Stcurloidge
Briscoe, F., Dawley
Collins, 8., Deeptleld
Cooper, J., Hanley
Dukes, G., Stowey.
Elkin, J., Goldenhill
Fisher, D., Wolverhampton
Griffiths, E., Smethwick
Holmes, S., Cheadle
Howard, R.,Burslem
James, 'l'., averswall

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COURT OF KING'S BENCH.

PRICE ID.

of commitment, which ran thus—that " John Hill,
of Wtst Bromwich, in Staffordshire, was convicted
of cruelty to animals,—to wit, a certain hull, by
baiting it with dogs, contrary to the statute."

Lord TENTEUDEN.—Yotthad better take a sum-
mons. If you take a writ, and your client should
be ordered to be discharged, he will have to be at
the expense of coming up and going back. Take a
rule nisi, to be heard before a Judge at chambers
within a week ; and let it be served on the com-
mitting magistrate and the prosecutor.—Rule
granted.
This being the last day of Term, the Court sat to
a very late hour.

COURT OF COMMON PLEAS.—Nov. 26.
(Sittings in Banco.)
DOE, ON THE DEMISE OF WILSON V. DAVI..

. Mr. Sergeant MEREWETHER on a former day in
this term obtained a rule calling on the plaintiff to
show 'cause why all proceedings in this ca'e should
not be stayed until he had paid the costs of some
former actions, in which he had, been nonsnited.
The Learned Sergeant stated, when he moved for
the rule, that the action was brought by the lessor
of the plaintiff, and was to,- recover possession of
certain lands held by the defendant under a will, the
validity of which was disputed. The first cause
was tried at Salisbury in 1819, when the validity of
the will being fully established, the plaintiff was non-
Suited. Between that time and the present the
plaintiff had brought 21 actions in this Court and
the Court of King's Bench, in all of which he had
been alike unsuccessful. Determined, however, to
proceed, he had moved the Court of King's Bench
for a new trial, and they had granted it on condi-
tion that he should pay all the costs of the previous
actions within a month from that time. This he ef-
fected by taking the benefit of the -Insolvent Debtors'
Act, and being released, he now brought one action
in this Court, and six in the Court of King's Bench.
Mr. Sergeant SPANKIE now appeared to show
cause against the rule.
The COURT, however, were of opinion that the
plaintiff had not complied with the conditions of the
rule granted- in the Court of King's Bench, and
therefore directed that- the present rule should be
made absolute.

COURT OF EXCHEOER.—Nov. 28.
TROTTER V. nAmtis.

In this case, tried yesterday, and in which the
question was, as to a right of ferry claimed by the
plaintiff across the river Thames, from
,Laleham is
Middlesex to Laleham-Burway in Surrey the
Court, on, the motion of Mr. Taunton, granted a
rule to show cause why the verdict obtained by the
plaintiff should not be set aside and a new trial
granted, on the ground that there was not sufficient
evidence to establish the right of ancient ferry.

THE REV. 'JOSEPH MURPHY.

Mr. SHELL said that he had now got an affidavit
of the commitment, and on looking, more attentively
into the warrant on which Mr. Murphy had been
arrested, he found it , defective in several respects.
Among others, it did not set forth the place of re-
sidence of the party swearing in it, which he sub-
mitted was informal ; he, therefore; applied to, the
Court for a habeas corpus.
Mr. HootEs intimated that he appeared' for the
prosecution, and would wish for the informations.
Mr. HETHERINGToN,an 14.40i,ney, said that he-bad
been engaged by Mr. Murphy as his sole agent, and
knew nothing about thc.present application by Mr.
Sheil, whom he had not employed.
Mr. SIIEIL said that he had got his brief from
Mr. French, and with it, of course, the usual ac-
companiment.--(A laugh.)
Mr. HETHERINGTON.—I have been with Mr.
Murphy in Kilmainham yesterday, when he disavow-
ed any attorney but myself.—(Laughter.)
Mr. SIIEIL.—" How happy could I be with
either."—(Great laughter.)—Dublin Morning Post.

MEETINGS OF CREDITORS.

COUNTRY DIARY.-SATUROAIr, DEC. 1.

Creese, W., Gloucester—Fleece, Gloucester
Crossman, T., Bristol—Swan, Bristol
Hackett, W., Manchester—Star, Manchester lO
Meyer, H. Louth—Kingston hotel, Kingston
Moseley, F., Leeds—Court-house, Leeds ... ll
Page, W., Cheltenham—Wheatsheaf, Bewdley ll

G TO BE DISCHARGED,
ouse, at Stafford, December 1,
o'clock. •
Lockley, J., Salop
Lomas, J., AlstoneSeld
Payne, W., Hilstich•lane
Pope, .1., Lane:end
Read, J., Leek
Scarratt, T., Burston
Sherwin, E., Burslem
Summers, W., Riders-green
Troth, T., Oldbury
Talbot, T., Oldbury

AN EXTRAORDINARY FlSH.—Capt. JOHN
ALLEN, of this town, master of the schooner Prince and
Groves, with his crew, captured on the 13th of Septem-
ber last, a marine animal of an uncommon description, in
the following manner:—While the above vessel was lying
in the Schoodic river, a little above Lubec, the crew oh-
served a'strange creature swimming about in the river,
having come over the bar at high tide; and unable to re-
turn on account of the shallow depth of water' when the
tide fell. They immediately manned their long-boat, and
went in pursuit of the animal, armed with muskets, axes,
and a harpoon. They soon came near enough to throw a
harpoon into him, when he proceeded with great velocity
to the shore, forcing himself so far upon land that he could
not return. They then commenced a discharge of mus-
ketry, anti after firing forty balls into hini, found that he
was dead. They towed hint to Lubec, where his skin was
taken off and stuffed, and eight barrels of oil taken from
his liver. We have not been able to obtain a particular
description of the fish, •hut Captain ALLEN writes that
" he was 28 feet in length, and 16 feet 6 inches round the
largest part of his body—that he had got no name for it,
and that 500 people had been to see it." He is coming to
the westward with his prize for exhibition, and expects to
be in Salem in about a fortnight. The master of the ves-
sel arrived here a day or two since from Lubec : he has
brought a specimen of a sort of mane, which encircles the
neck of this strange fish. It consists of stiff sharp-pointed
bristles, about four inches lung, resembling polished wire.
\--Solent (Mass.) Register.

FLORIDA SUGAR.—The duty imposed on
sugar imported into America from the West
Indies (ftom which the Florida sugar is freed) is
not, as was stated by mistake, five dollars per
cent., but three dollars' per cwt., u'hich amounts
to about 30 per cent.--Word.

RAISING THE WIND EXTRAORDINARY.—
Among the many schemes for gulling the cre-
dulous out o'f their money, we observe in a New-
castle newspaper one of a rather singular descrip-
tion. It is there stated that a Mr. Fitz—,
an eminent Law Genealogist," from London,
was busy collecting evidence to support the
,claims of a poor pitman to the Earldom and
estates of the family of Perth; and appealing to
the public for money to bring this claim before
'Parliament ! We are assure 4 that the
calling himself is the same who at one
time assumed- ,various names, and played many
parts," in Edinburgh, and afterwards in London,
where he acted as. the,,, Law Genealogist " of
the Princess Olive. We caution our friends in
the south against
being nulled in like manner.—
Galedonian .Mercury, person