Star.
London, England, 1823-07-25 00:00:00

aOXIANA.

COURT OF CHANCERY, JULY s 4.
SIIRRIVOOD AND CO. D. PIERCE EGAN.
Yesterday Mr. SHADWILL moved for an Injunction
to restrain the defendant from publishieg the conti-
nuation
of a work, entitled Boxiano ; or, Sketches of
Ancient and Modern Pugilism. The copyright of this
history of the " science of self-defence" had been sold
to the plaintiffs by the defendant, who was its author.
... The LORD CHANCELLOR.—" I think I have heard
before of boxers getting each other into Chancery;'
but this, I believe, i; the first time they have made
their appearance in this Court."

M r. 411 A DWEL L continued.--Three volumes of this
work had been published, comprising all the doughty
deeds of the heroes of pugilistic fame, from the days
of Broughton and Slack to the championship of Cribb.
For the copyright of these three volumes the plaintiffs
had paid the defendant, at several times, the sum of
£439. Recently, however, he had exercised
his fancy and research in the production of what he
called " Part I. of the Fourth Volume of Boxiana."
The plaintiffs did riot .pietend to have any right or
interest in the matter or composition of the body of
this new publication ; but as its title was manifestly
their property, they wished to have the defendant
.enjoined to abstain from making use' of it. In the
case of Hogg and Kirby, it was settled, that the de-
fendant had no right to publish A continuation of the
Wonderful Magazine, under circumstances similar to
those of the present case.
The LORD CII A MELLOR. There is also thecase
of Myson, a tradesman, in the Strand, who obtained
an injunction to restrain his neighbour from putting
over his door the words My Son."
Mr. SIIADWELL did not apprehend that there was
anything in the character or contents of Baziaira
which would induce his • Lordship to withhold his
protection. He might say of it, as he did of ileppo,
that it was a work of mere fun, though he believed
there were some abstruse points of theological die
eussion introduced, in which the Calvinistic doctrines
were severely castigated.
. Mr. EGA n,"the defendant, then addressed his Lord-
ship against the injunction. The Learned Counsel,
he said, had attempted to be very 44 striking" in his
arguments, but on that occasion he would be unable
to "make a bit." He (Mr. Egan) was satisfied that he
should compel the Learned Gentleman to" stand the
huff." In the first place, though he was no lawyer,
he felt confident that he should establish a legal point,
by which his antagonists must be defeated. He chal-
lenged the Learned Counsel to produce the assign.
ment of the copyright of Boziana. In the absence of
such a deed, he apprehended the plaintiffs could
make out no property in the title of that work ; there-
fore, he contended, he had, as the author, a right to
continue it. He did not wish to use harsh words, but
he must say, that the plaintiffs thought proper to de-
fraud the Revenue, in order to avoid the stamp duty
on the deeds of assignment, which ought to have
been executed. They could not claim the protection
of the Court of Chancery.
Mr. SHADWELL observed, that it was true that in
law the transfer of the copyright consisted in the deed
of assignment, but in equity it consisted in the pay-
ment of the consideration. The defendant was there-
fore mistaken in his legal objection. In the science of
which he was a professor, he was •no doubt accom-
plished ;- but in the knowledge of the law practice of
that Court he did not seem to be so well versed.
Mr. Loan resunted..-Supposing that he was mis-
taken as to that point, he - ebirtended that be
,was,
nevertheless, justified in publishing a continuation of
his former work. On the .grqunds taken.by. the
Learned Counsel, Johnson, or, flame, or sMollott,
might have been prevented from.cootinuing.~ those
voluminous works by which their names had been
immortalised, if it hid happened that they coal) not
have agreed with their booksellers as to the condition; •
of sale. The plaintiffs had, in fact, admitted that he
hadaright to sell the fourth*.vOlitme of Bp.fiana to
any other house ; as, when they, had disagreed, the
plaintiffs referred him toLoogmans, ,to see whether
he cotta get abetter price than they Offered him.,
.lf
he ,might have sold it to Longman:, surely he
publish it himself.. For these reasons,-fie trustedlai:i
Lordship would, not grant the injuoctio6l..
The Lynn 61ANCELLOR, having liloteltery at,
tentively both et the new publication and tlit Pettier
volumes, said, that he thought the defendant
beneficially to himself, and with great ease, make. an
alteration in the title, which would send Mr. fibadwell
out of Court in. five minutes.
Mr. SMADWAILL said, the sole object of the applica-
tion was to restrain the defendaut from. using the
plaintiffs' tide.. They were not desirous of putting
anend to the defendant's wit and ingenuity, but they
had very strong objectiOns to his, availing nimself of
their property for that purpoie; and tie .title of
41 Boxiana' war unquestionably theirs.
Mr,EGAS remarked, that as yet no tide was given
to his present publication. It was merely called a
"Continuation of; Boxiana" on the wrapper. The tide
page would not be,alhaed till the work was complete,
and the plaintiffs could not anticipate whit he then
meant Ste call it.
SmitriTat.r, declared, that he would be satis-
fied i 1 the defendant would only denominate this
worka New Spies of Boxiana.,.,On , that condition
he wes willingto make a compromiseWith the defen-
dant at once. To follow his own phraseology; he
(Mr. S.), would' huke hands with him those terms.
TlteAtititt4ev4;ENlCßAL obterved;tbat bit Leartiedl
liViericrwas irrerrar. The 'heroes of .the defendant's
lore shook handi as tile. ptelitagnam. III? Om-
mencemente an action. • • .
Vie Loin enSscut.Lon'rileitiA
easy fni the defendariettite 4uth_tuiiittlition
the dale its Would 13b4+11itifftinticeisittfibrtht injoitc-
tioiu He• itoold ifieiefke pat • chic =WI aside far
the pre:eke. • •
.. . ,
. COURT OF AIROTGART•r-TRISt.pAY..
.ymorday, *al iced NovOi fpm Jam- le-

Mr.

inaction, to rastnain.idr. lligawirotn Abe. pubticatiao of o further
Part of Asitias,. *oar Lordship war lasd passel -to ere ibis
part* an opportunity of roe* whether zbe7 could aerator not;
on altering the. The oldie farther puiditationyiso as not to in-
terftwo with' oars: We eaunot - agree, and thsrefero, if your
• Lordship pietist% ltenvilitake she, Injurictionooorely to rennin
Dlr. Sin from using ostel'itie.•.• • - ,
Loan Citatteat.uoc.--o`. Maid roe your illsailinoa, and i odll see
If I can alter the Tide fee yon, ant lot ymilkave it enannesuer
swirl:dug." •' • ' '• - .11S'
~
: .1 ' :

8 to 7 a f,7st Voutnera

14 to 1 :,,zst Corinne

OA Kg —No beitlng whatever.

CIIELMSFORD RACES, idLY 24.-•-(L4sv Ma).
The gaiety of the Course was equal to that on tie preceding
day. 'l'he inns have been a scene of the greatest hustle during.
the three days, where hospitality presided. The Ball on Weds
nesday, at the Town I fail, was what is rennet an undress one ;
hot it had to boast again of the presence of she County Gentle-
men and Ladies, in numbers equal to the preceding night. Two
hundred couple, it is coojectured, wili be present this evening.
Sweepstakes of five Sovereigns each, with 40 added front the
Plate Ducal. Winner to be soil for IWO sovereigns. &c.—a
Heats, the New
Mr. Dr>ckeray's bro. to Antonia' 4 yrs old, 9st. 71b. 1 1
Mr. Williamson's hl. f. Ilarriet,ditto, ditto 0 SI
Mr. Strutt's Benevento,.', yrs old, est. 71b. - 5 dr
to I on-llarriet, and 4 to 1 agst the winner ; after the heat.
sto 1 on brother to Antonio. The second heat was well-conte
.ted.
The Stewards' Plate of f o; 3-yr.oldi, 7st. four, est. 41b. five.
est. 121 b. sir, 9st. sib. aged, 9st. 41b.
Mr. Rush's Phineer f. 3 yrs old
Mr. rage's Prosody, 5 yrs old • .-
Sir. Wilson's b. tn. Eleetress, S yrs old -
2tol on the Pioneer F. Won east.
CRICKET.
'The Grand Cricket Match, 111 Lord's Ground, between the
Mary-la-bonne Club and the Playets of England, was decided
on Wednesday in favour of the Players.

PLAValli.
ISt Innings
23 Dittu

16 to 1 agct Pantiaa Colt

!s., :11
ngft T;
- 317 LA- LONUE.
: 153
let I 1
2d Ditto

470

1" I

C
- *it

- - 59
- - 36

• Played won by 355 runs-6

:o 4 on Players at starting.

113

SUDDEN DCA TH.—Yesterday an Inquisition was
held on the body of SAmpsox Pcutiv, Esq. a Gentle.
man who formerly WAS connected with die Public
Mess both as Proprietor and Editor, and v.h6 was
well known in the political circles. 'Tie deceased had.
latterly become reduced in circumstances; but al•
though very considerably in debt, his creditors enter•
tained the highest opinion of him : he wasubliged to
go into the Whitecru s-street Priso:i ; ,tad while be
remained there his affairs were put in a way of set-
tlement, and on Tuesday last }:e was ordered to at-
tend in the lasoivent Debtors' Court. ‘)it his way
to Westminster fot: that purpose, the turnkey who
accompanied him consented to allow him to call on
his wife, living in SJuthampton-street, 13:onnisbury,
where the deceased had occupied a house twenty-two
years. Having taken some refresh,nent, he rroceeded
to the Court, and no opposing creditor appearing, he
was declared entitled to his d.scharge. He returned "
from the Court toSauthamptor.-Itteet, merely to din-
ner., as the officer who accompanied him was under -
the necessity of taking him back to the prison, from
whence he would have been discharged on Wednes-
'34, had Itclived. • Mrs. Peri y bad. prepared scime
dinner: to which he sat &win, laughing and making
.. . •
'souse numerous: observation ; but •at the moment lie
Wis. conveying_ part of a lamb chop.to his mouth on
his,fotk, he fell kaikin irk chair, cid:timing "LORD
141 re mercy on lei!' : rind instantly eipired. -Surgeons
were.'sent for; but they 'were .9,f, no availtfie vital
spark had fled ; ,iiid.on.a surAical examination Of*
body, it was.discoverel that his. death was.cauii:ll:
* sudden ruptnie ofAhe nialn.artery. of the Ite art.
He was seventy-eight Searyof age; and a GrAtlemia
g, •
stated to the Jury ;that 'the *clece-afeirS; lik .W:.11 full
.60.4 f .yrj.ti,i,i4i.j44l.4esd-;.l.tirleeo'ha;a....4tszq.vrotsuloieon44slt ani4iftbscettret
,opf
them. and 'htttl mapy. narrow escapes with his tiro
in ~situations of Os mineni ;Petal. 11.44 .time4ef ,gifat
if:4*er;• one of which— De
the" rgaiman .ielareql:—.
..
Mr, Pin tiv. Was,. al afing 'the French. Rev.olutioa.. no
itfitl , ilcan niactimes in..Prench prisons, and was. con.
att:44 the-rOgii of Itobeipierre, with Th9mas
-una wis,pmfetined to death by the ferocious
asvass'in,.wilhoUt the then thrifight winecessa4 fortis
of trial. :He escaped this cheadfril doom by the fol-
lowing most singularly fortunate circumstance. His
prison-door wai hung Ujxni a swivel, and could.by
the least nioziun be turned ro.opf. 'l'h: custom was
to mark With red chalk the doors of.the cells of this e
Who WereCondernued to die. This course was advted
in his case ; but ;he jailer, u hen leaving the cell ou,
the morning appointed for execution, accutentay let-
the door turn round; he took no notice that ihri,
" mark of death" was turned inside, instead of being:
out; and, before he had noticed. the circumstance.
the officers of execution arrived 6 the Petsyn. aud
took from 'every cell MU ked With red ifialli the'vje,
.. .
tints of ItevOlutiOniirYfuty ; and, perceivirrg )11•••
PERRY 'S cell not 'marked, they passed it ; and, when
the jailer. again came round, he was-thunderstruck.
on examining the door, to find the mistake he had
made; but, before he had time to apprise anybody
of the circumstance, the infuriated mob had
.burst
the prison doors in search of Robespierte; not find-
ing him there, they shot the jailer, released. the capl
'Elves, who, is a short period, saw liobespierre lilted-
bag led to the block, and there with his life, in !Mlle
measure, offer retributiun'foi his crimes. • ' ; .
'The Jury remarked on the singulatity of his most
eitraortlinaiy escape, and lamented that a Gentleman .
like him should have been reduced to such ini;fur-,
ions, aful subequently be so awfully summoued into,
eternity..--They steturnid a verdict of " Died,14.11,1
Vistiaticittiof Gnu." . .
.•
CORN EXCHANGE, MARY-LANE, JULY.IS.
Tlge arsivals of all descriptions LE Grain this weth are cunsi-
derable. Wheat. fihdsliont &sv buyers, at. Monday's prices. li. r-
kig-obtainp rathzr mbre Money. The accounts of the Been crop
ours buyers
more money is demanded for Beaus, but
.oit•gbtraduurneefilifit,v‘"°::l46lll,4eset' yye.ets ycf)ll44ls e ay) YY,wiitild anyriaacesvrareloyf so good as'illuen
*Niftily.
• . :. . - SMITHEtELD MARKET, JULY 25.
...ilAgisnigkahese Was tither a •thin m-arket• this morning, the
supply was itifficient for the trade, as the butchersdial nos pur-
chase freely; and. ttor price;
,of Aleat ,of zu9ci quihty may be
gushed as per last market-day.—Curtet it prick :
, 8ev{,..1,,r ssossie or albs. 35.'4d:t044". 4d. Manus' 3s. 44. to
4‘44. Vt.si, 45.04.1. to ss. 04. Lamb, 4s. 0d.t0.54.64:-Hay and
..Strawl.wrz load e Hay, 44 10s. ;u X.,5p..:10. usstrso.,os. qa,ol. O.
Stray?, .t. 2s. to :a. es. Fre. lulti. ' . -
.1 . .. , . . -•-. e; :r:; :. t 7 !UM ,7.1: 4+:l

I

SPOIZTING INTELLIGENCE.
.. •
BETTING AT TATTIERSALL'S....7I.I.LY 24.
Tattersall's to-day was by nn means vital attended, nor seal
there much business done iii the, berting'way oar any of the great
Stakes to tone. with the ezdeption 'of several spetulations, at
very high odds, against outside Leger lionei, which have lately
crept up in a truing degtre. The favourites fur this Stake keep
nearly as in Mir last Report. Vtiurnern stands as Furore first fa•
vourite for the Derfiy Stakes; tnit f7"orlime hs jumped up'fult .
ff
four points. The othet colts have vaned some littk backward,
Mod forwards not worth notice. Wt subjoin the odds on the •
banes principally talked of today.
ST. train.
4to 1 agst Tinkt.r (taker.) 1000 to 53 agst Pals Royal
9 to 2 agst Sherwood' (taken)
'7to 1 apt Tancreir (taken) 1000 to 30 agst pascoignr's ft 4 •
19 to 2 ago Miss i auuy (taken)
14 to 1 asst Claude Lorraine lopo tz.) 20 agst Prosody(taken)
(c, ken)

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