The Sun.
London, England, 1827-01-25 00:00:00

TIE FUNDS.

CITY, (This Dar), Twelve o' Clock.
The English Funds hare been rather uninteresting since the
commencement of business this morning, and few transactions
have been effected ; the general feeling in the City is not so
favourable to the circular issued from Madrid to the Governor of
Andalusia, and the pacific character which it was said to bear
is considered to evince, with its peaceable professions, an angry
feeling towards this country ; one thing is certain, that a con-
ciliatory disposition does not form any part of the King of Spain's
plan ; and, from the uncertainty which attends every measure
emanating from this quarter, it is net impossible that a few hours
more may exhibit a document of quite a contrary nature. Con-
sols opened, both for money and account, at 7S:I 9, were after-
wards 79, but went to 7SI b, and have settled at 78j.
India Bonds and Exchequer BillS maintain their premium, the
former 43 7, and. the latter 25 7. The Foreign Funds furnish
little of importance this morning; Colombian Bonds are quoted
rather lower, being 316 24 ; Mexican Bonds, support yesterday's
prices, being 63 ; Brazilian and Buenos Ayres Bonds also con-
tinue at 60 1 for the former, and 54 6 for the latter; Greek and
Spanish are stationary, and nothing doing in either ; Portuguese,
; and Russian, 86i 41. Shares remain in the same un-
interesting state they have been in for some time, and nothing new
can be stated relative to them.

Three per Cent. Console!, 78, the price ; Ditto fur eecount,
78 3, the price ; India Bond; 45 7 pm. ; Exchequer Bile, 25
7 pm.
FORMON FUNDS. -Brazilian, 60 1 ; Buenos Ayres, 54 6 ;
Chilian, 35 7 ; Danish, 583 9 ; Colombian, 1824, 31i ;
Mexican, 5 per Cent., 51i 23 ; Ditto 6 per Cent., 63 1; Peru-
vian, 30 2 ; Portuguese, 733 43 ; Greek, 143 15 ; Bamian,
86i ; Spanish, 12/
luxe.-Anglo Mexican, 35 23 dis. ; United Mexican, 113
103 dis. ; Brazikan, 5 4 dis. ; Real del Monte, 90 100 pm. ;
Bolanos,%o SO pm. ; Tlalpuxahua, 50 60 pm. ;.,Zielivar,
; Colombian, 14 16 per Share ; Potosi, 46 8 per Share.
SHARES.-Alliance Fire and Life, 101, paid, 83 per Share ;
Ditto Marine, I dis. par; British Iron Company, 27 6 dis;
Welch Iron and Coal, 18 17 die ; Australian, 9 11 pm.; Canada,
par 1 pm.
Two o' Clock.

Consols have been 781 and 781 9 ; the latter being the
price for account at the present hour, without any business doing.
India Bonds and Exchequer Bills have not varied. Mexican
Bonds are 6`24 2i. In the other Foreign Funds nothing doing,
or any alteration since the early part of the morning.

THREE 0' CL 0 CIS.
Three per Cent. Consols for account, 78k, buyers.

LAW INTELLIGENCE.

COURT OF CHANCERY—JuIe DAY.)
wELLEsLEry. DUKE Or BEAUFORT-

Mr. BEA am; proceeded to address the Court on behalf of Mr.
Wellesley. When the Court rose yesterday, he observed, he was
endeavouring to answer the other side, on what they had said
against Mr. Wellesley's application to have his children. He had
also, as he thought stated, at least one fact, which proved to de-
monstration that Dr. Bulkeley was in error in what be had sworn.
Mr. Wellesley had sworn that lie found in the possession of Dr.
Bulkeley an Italian book called Nouvelle de Casti—a book of the
most obscene nature, which description of it Dr. Bulkeley had
denied.

His LORDSHIP wished to know the exact time at which Mr.
W. had perceived this book was in the possession of Dr. B.
Mr. BEADLES, on referring to Mr. W.'s affidavit, did not find
that it stated the exact time. It stated, that Dr. B. was in the
habit of using gross and vulgar language, and of reading obscene
books ; and that " Nouvelle De Caati " was one of those books, on
which the name of Thomas Bulkley was written, and which was
found by Mr. W. in Dr. B.'s possession, in the drawing-room.--
Dr. B. had denied this description of the book, and stated that it
was not more immoral than " Ariosto," which the Learned Coun-
sel considered, as every one knew, (he said) was extremely im-
moral.

Him Loans's'r asked if Mr. Beames would read the two books.

Mr. Bziauts did not feel quite competent for this task.
Mr. Hoaxe believed, as they were both written in the Italian
language, that if any doubt arose upon this point, there would
have to be a reference to the Master upon it.
Mr. BKAMB3 said, that Count Lndorfe was a person extremely
well qualified to judge of the two books, and that he had made
affidavit on the si;ject. The language he used was, that the
work called Nouvelle de Casti, was an infamone, obscene, and blas-
phemous work, which held up religion and religious duties to con-
tempt,and that such ivork,tis well as others of a similar nature, were
prohibited in the kingdom of Naples, as well as by most of the
Governments in Europe ; that such work was a disgrace to any
man's name, Sze. Dr. 8., in reply, to this affidavit, stated, that
the maker of it was egregiously mistaken in the character he had
given of the hook. The Learned Counsel, however, thought, that
the Counsel on the other side would feel great difficulty i❑ de-
monstrating this alleged egregious mistake. Mr. Beames
now considered it his duty to advert to two letters, to
which the Court had directed his attention at a former
period, one of them written by Mrs. Wellesley to Lord Mary-
borough, of the 4th of Jnne, 1825, and the other by the same
lady to Colonel Shaw, of the Sd of July, 1825. He had read
the letters with the greatest attention, and they appeared to him
to have been written under very great irritation. It was to be
recollected, that these letters were written at a time when Mrs.
Wellesley was separated from her husband, and living amonT,
those not friendly to Mr. Wellesley, nor anxious to bring about
a reconciliation.

His LOHDSHIP said, one of these letters, in particular the one to
Colonel Shaw, was of considerable importance. That letter rea-
soning with the Colonel, upon her husband not altering his
conduct at all, reasoned in a way to demonstrate the impossibility
of supposing that she could have had any notion, that at that very
moment Mr. Wellesley was in London with Mrs. Bligh.
Mr. BeAMXSI admitted the fairness of concluding that she did
not know of that circumstance. If the Court called for it, Mr. W.
would make an affidavit that he came to this country alone, that
he
was detained from immediately calling on his wife through ill-
neas, and that Mrs. B. followed him
from France. As to the great
fortune brought to Mr. W by Mrs. ~ Mr. W. was of noble
birth, and the heir prestimpt•ive to a title, therefore the Learned
Counsel did not
think, that she had conferred so great a favour
on him from this circumstance, that it ought to be brought for-
ward against him now It had been raised, on one point against
Mr. W. that he had been
His LORDSHIP said that
was a
insolvent, and unable to povide for his
children as they ought to be.
eommer.in,wfo!mmLa Ltziosnut.
point on which he wished to have
Y here rose, and begged
per-
mitted to give a short outline of his that Le might be
afrairs, which would be par-
and whieh
tieularly agreeable to him,
breach of confidence as he had no d• he could do without any
of his life, on which he prided himself disguise. If there was an act
most, it was upon his con-
duct with regard to pecuniary matters
that if he were permitted to lay them ;openand beforehe pledged his honor,
private, he would command his respeet.itlrs•
'Ts Lordship in
under very peculiar circumstances when he propertyarled her,was
ni
there was a part of the property, which now belongedr to their
son, put under very strict settlement ; there were eonsiderable.
charges upon the property ; and by the arrangement Lady Ca-
tharine's jointure was very considerably augmented. When the
estates came to him, from the charges upon them, the income aris-
ing to him was inconsiderable, and there were circumstances that
called upon him to enter into great expense. He was not g •
g
to state that he had not acted with imprudence, but whenom
found that he had been imprudent, he adopted a system upon a
principle with regard to his affairs, the object of which was, to
preserve his property to his family. Putting aside im-
morality of mind, of which he meant to say nothing,
he felt certain that he had takes the course with
respect to his embarrassment, that any man would have taken !alio
wished to preserve his property to his family. He would not al-
lude to one point, from its extreme delicacy. As to all the obser-
vations; that had been made about his insolvency, they were per-
fectly absurd. If his Lordship wished it, in private, but certainly
not in public, he, without the aid of a lawyer, would give the
fullest explanation with respect to his pecuniary affairs, and
pledge his honour to the truth of the statement.
His LOR.DSHIP observed, that the information he required was
to furnish him with a knowledge of the present circumstances of
Mr. W. He did not state what the effect of that was to him,
but some:effect it certainly would have. It now appeared, that the
Draycote Estate was settled on Mr. W 's eldest son, of which he
wae tenant in tail, and with which he could do what lie pleased
on attaining the age of 21, subject to ethe charges that were upon
it. All the information at present afforded to the Court
upon Mr. W.'s circumstances, was to be collected from the affida-
vits of Messrs. Hutchinson, Griffiths,and Wellesley himself. From
them it appeared that several judgments had been entered up against
Mr. W., but no statement was made of any of these judgments
having actually been satisfied. How the fact, with regard to the
satisfaction actually stood, might easily be known by going to the
Courts of King's Bench and Common Pleas. It likewise appeared
that Mr. W.'s present agreement with his creditors was only
to be of temporary duration—about two years. The Court de-
sired to know how this fact really was. His Lordship

agreed with Mr. Wellesley, that there might be en
many changes on an estate, that though a man was said
to be possessed of one to the amount of 35,000/. a-year, yet
that he might be in possession of nothing ; so that it was
of great importance to know the exact state of this point. When
Mr. Wellesley offered to give private explanation, all his
Lordship could say was, that he had always had a feeling to hear
matters in private, the public hearing of which could be produc-
tive of no good, but create prejudices one way or other; at
the same time, it was not his fault that this ease had been
heard in public, for it was certainly at the very particular
request of the Bar 'hat such a hearing took place. Abuse had
certainly been heaped wusparingly m,on him, at different times,
for the inclination he had to accommodate parties in hearing their
cases in private. His Lordship's duty now made it impossible to
have private explanations given to him in this case.
Mr. WELLEstEr then wished to know, whether he was to state
distinctly every minute detail with regard to his affairs?
His LORDSHIP said certainly not.
Mr. WELLESLEY declared that it was impossible for him to
give explicit explanation on this point, because the arrangement
was made in this country by trustees, before he arrived here, and
he took no part in at all interfering with what they had done
after he came to England.
Mr. Haar observed, _that he did not think the insolvency was
a point adverted to at all by the other side.
His LORDSHIP cared not whether it had been or not. He held
it to be his duty, in every case that came before hint, to look
into the whole of the record, and that it was a duty he owed to
himself and to the parties, to call for explanation on whatever he
ssonsidered requiring elucidation.
His LORDSHIP was sure that Mr. Vt.'s Counsel understood
what the Court meant. The language on the affidavit was, that Mr.
W. had escaped out of this country, to avoid tip payment of a tallow
chandler's bill ; that he had continued long abroad from the na-
ture of his circumstances, and that he had returned to this coun-
try under an agreement tnade for a temporary duration. Now
it was most important that the Court could know the exact
nature of that agreement.

Mr. HART'S -only reluctance to filing further affidavits was,
that if Mr. W. filed but two lines of an affidavit, those two lines
would call forth an inundation of depositions from the other side.
However, when the Court was pleased to state, specifically, the
further information it required, that information should be fur-
nished.

Mr. ATTORNEY-GENERAL observed that this was made one of
the strong grounds of their case.
Mr.BitaltEs said he and the gentleman with whom he was as-
sociated, had thought the affidavits already filed amply explana-
nstory.

When this gentleman concluded, the parties were desired to agree
upon the Papers, between this and to-morrow morning, they
would hand in to the Court, and it being agreed, that the At-
torney-General should reply on Saturday, the case was left here.

VICE-CHANCELLOR'S COURT.—(Tnis DAT.)
COPYRIGHT.
COLLIER V. MORRIS, WIG'S-PISAN •ND CRAMP.

This war an application for an injunction to restrain the de-
fendants from printing, publishing, or exposing to rale, any copy
or copies of a work entitled " Fuller's Remains, or Miscellaneous
Pieces or Tracts on Religious Subjects," by the late Andrew Fuller.
The Bill likewise prayed, that an account may be taken of the
numbers of that work hitherto sold, and that the profits of the
sale may be paid over to the plaintiff, who claims the copyright
of the work, as the executor and representative of the late Mr.
Fuller.

From the statement of Mr. HEALD, who supported the appli-
cation, it appeared that the late Mr. Fuller had published various
Tracts and Essays on religious subjects, and that he had employed
Morris as his clerk to transcribe his writings. It being the prac-
tice of Mr. Fuller to write in short-hand, and then send his notes
to Morris who made fair copies of them. The bill stated that at the
time of Mr. Fuller's death, Morris had in his possession several
papers and manuscripts of Mr. Fuller, which he had since pub-
lished in the work which was the subject of the present applica-
tion. Mr. Fuller died in 1816, and it appeared that previously
to the publication of the work in question, a Mr. Coles Fuller,
called on the publishers, Messrs. Wightman and Cramp, and
cautioned them if they persevered nt their intention, the family of
Mr. Fuller would apply to the Court of Chancery for an injunc-
tion to restrain them. The defendant Morris, in hie answer to
the bill, stated that he pnblished in the year 1821, a periodical
work, entitled the " Biblical Magazine," and that several
of the essays now appearing in the work under consi-
deration, were sent to him for inseeticrt that !fagaeine.
The work altogether contained 79 articles, which the defend-
ant stated he obtained from the following sources-42 of them
had appeared in the Biblical Magazine, nine in the Protestant
Dissenters' Magazine, 13 in the Evangelical Magazine, two in
the Evangelical Instructor, six in other periodicals, and seven or
eight were published by him from manuseripts remaining in his
possession—three of these were private letters to Morris, and four
were the shortened notes of letters which he had transcribed for Mr.
Fuller : these latter the defendant, in his answer, declared to have been
given to him by Mr. Fuller, with permission to dispose of them
as he might think fit. It was also set forth in the answer of the
defendant, that he did not pay any thing for the articles sent to
him for insertion in the Biblical Magazine, but that he received
them as a compensation for the great labour he bestowed to Mr.
Fuller in cendueting his correspondence. Mr. Heald contended
that the defendant could claim no copyright in any essays for which
he had not paid, and that he might republish them in a new edi-
tion of his Magazine ; he had no right to publish them in their
present form, still lees was entitled to publish those articles which
appeared in the periodicals with which he claimed no connexion.
The Vtex-Cktaxcauma—As to three of the *even lettere, he
airaite that he had no direction from Mr. Fuller to appropriate
them to his own use.

Mr. Sulaivrxm., who opposed the application, said that before
the plaintiff could seek the protection of the Court, he must
clearly show that the copyright was in him. Mr. Fuller died in
1815: and as the law then stood, an author had a right of property
in his works for fourteen years; but in case he was living at
the expiration of that period, there was a further exten-
sion of the privilege for fourteen years more. The 54 Geo. 111.
section 4, gave the author the copyright of his works for
twenty-eight years, and if he were living at the expiration of
that term, the copyright was to continue in him during his life-
time. This Act extended to all works then composed and not
printed, and to such works as might afterwards be composed....
The Learned Counsel, after going through the various details of
the case, contended that it was incumbent on the plaintiff to have
set forth the dates at which the several articles had been publish-
ed, in order that they came within the operation of the last men-
tioned Statute.

The Vlcz-CnarccaLLott coincided in the learned gentleman's
view of the subject.
Mr. HEALD thought that as it was admitted on all hands, that
the articles were written by Mr. Fuller, it was the duty of the
defendants to show that the copyright of them no longer continued
in that gentleman's representatives ; besides the defendant ad-
mitted that three of the articles in the work, consisted of extracts
from the private letters of Mr. Faller to him.
The VICI-CIAXCELLOR enquired what Mr. Heald's opinion
was as to the right of property in private lettere.
Mr. lizALD—That both the writer and receiver of a private
letter had a right of property in them, so that neither party could
ever publish them ; and such was the impression of the Bar from a
recent decision in the Lord Chancellor's Court. The Learned
Gentleman was not, however, prepared to say under what; statute
that right of property was granted.
The VicE.CHANcELLoa. thought that a copyright must be
claimed, if claimed at all, under the statute.
After some further discussion, it was arranged that the ease
should stand over to the next day of Motions, in order to give
time to the plaintiff to file an additional affidavit, setting forth
the particular dates at which each article had originally been
published.

COURT OF KING'S BENCH.—(Tins Dar.)
COON V. BANKES.

This ease, which involves the liability of a part of Lincoln's-
Lan, called the New Buildings, to be uses/fed to the Poor Rates of
the public. It has b
the
Parish
of
fS 6t. Andrew's
tried twice, ew's liothocrn,, has been a long time before
and the verdict of the Jury
on both occasions, was for the defendant, thereby disclaiming the
liability of the New Buildings to the Poor Rates, Ise.
The SOLICITOR-GENTRAL this day moved for a
rule to
show
cause why the verdict obtained at the last trial, should not be set
aside...—Rule granted.

COURT OF DELEGATES.--(Tnts DAY.)
Several causes were forwarded a stage, and other formal busi-
ness disposed of, after which the Court adjourned.

COURT OF COMMON PLEAS.—(Twis DAY.)
Litcs:orr tl. Asitzußx.
This case was tried before the emir JUSTICI at Westmin-
ster, at the sittings after last term, and a verdict found for the
plaintiff. It was an action at the instance of the drawer of a
bill, against the acceptor, for the recovery of its amount. It
appeared on the face of the bill, that the date was altered from
the 28th of January, to the 28th of April, and in consequence of

this alteration, the defendant refused to pay it, although it T.as
proved that it wail dune with his own consent.

Mr. Sergeant VAIIGIIAX, for tha defendant, this day moved
for a rule to show cause why a nonsuit should not be entered, on
tint ground that a new stamp should have been used.—Rule
granted.

COURT OF EXCHEQUERs—(Tats Day.)
Mr. Baron GArozow and Mr. Baron riuLLClti at about half
an hour this morning, and disposed of a few motions of course. The Chief Baron at in the Exchequer Chamber hearing equity
causes, none of which possessed any public interest.

INSOLVENT DEBTORS' COURT—(Tliis DAY.)
This morning several insolvents were discharged on their peti-
tions. Nothing, however, occurred of any public importance.

COMMISSION OF LUNACY.

GRAY'S-INN COFFEE-HOUSE—(Tuts DAY.)
IN THE MATTER OF MR. KING, OF PLAISTOW', ZSSEX.
The defendant's Counsel commenced his case yesterday, and up
to the hour we went to press were examining Dr. Willis, who has
had Mr. King under his care for some time past. The Doctor was
asked, if, according to the evidence he had heard in that commission
it was his opinion that from the year 183 to the present time,
the patient had been possessed of sufficient soundness of mind
to buy or sell his property, or to choose a wife? To this im-
portant question the Doctor answered, that he certainly thought
he had been.—This witness was being examined when we went
to press.