Star.
London, England, 1802-03-05 00:00:00

COURT OF CIIANCERY, Mkt% 4,

of righ t and probable title felled wi h the l'h:ver.
ray, as to atithorife him in 7,rantitrg.m
till the due thould jr,o w a Jury ; coal:quern the
injunthou would be eon tirtned.
Hi% I.ordlliip, in ant's% er to a quctli.in put by
Mr. l'ims4 re, omerveil, that the ii1j0110;1.11 would
not prevent the BOOkrel!ers from export ing kotuth
Bibles to foreitm countries, tholgh it to (mid re-
ti rain the fate of them in thiscountry. might
alio be brought to London, for the put pt.ie ut on-
matiatc exportation.

COURT OF KING'S SENC: I, MARCH t.
'WASHINGTON, 1,71110/70.4, DRYNILIt.
nal was an attic's% for tecovery of vol. upon,*
In.nd Unted in btin.clubtr, 1756.
To which there were two pleas, That the De-
fendant had paid the money neared by it ;
l'itat ire bond had been Isle:tied.
The ATTORIEY GLICERAL raid, that this was
an aaion upon a bond dated in September, 1766,

executed liy the J3efendant to a pekon of the name
of Michael rater, who died upwards of eleven
tears ago. The Plaintiff Was the executor of Mr.
Tofter. The Defendant married the Daughter of
Mr. Faller, at the time the bond was given, upon
witich no money was ever paid. The Defendant
thought fit, fame time ago, to accufe the Executor
with not duly adminifiering the eifeels of the Ttc-
fator, and he infified the Tedator's concern, Ihnuld
I be fairly cm:sired. The papers being looked over,
one of the °felts of the kirsch was to ilia-aver this

bond, and the Defendant, who had thought fit to
sleet& the Ezecuter, was himfelf a &rani:ter: The

On the cafe of she Univerlity of Cambridge and
Marrs. W. J. and J. Richardrov, booLtilk, s in
London, refpeetinz an injunClion raraijiing the
tile of eerta n Bibles and Common Pia} er.littoks,
printed by the King's printer in Scotland, the Lord
Chancellor has given judgment.
His Lordflup ford confidered the nature of the
application, and the right upon which.that applica-
tion •was grounded, APO the principlesupon which
that rlght had been daputed, taking a comprehtn-,
five view of all the arguments ufed by Couplet for'
aitd againd the injunflion. It had been principally!
contended, as an adinitted rule oflaw, that the
Court of Chancery would not giant an injunetion •
in cafes where the title was not clear and main.
fed. He could not acetole to that principle, un-
qualified as it was, though he telt the gieatclt
risque& for the authority quoted; and if it was
to be confidered as iniquitous to depart from
that principle, then had the Court of Chancery
become chatgeable with iniquity. In the cafe of
a dillnoted'phtent, how often had the potreiDe of
the patent obtained an iinjunflion, rankling others
from the Pale of his patent till he intuit] ettablifh
his•title in a Chart of Judice ? His Lordfhip ab•
carved there were two points priocipally to be con-
fitlered--firk **ether the I,lniiferfity had a right
coextenfive With the King's-minter to rept-els the
tale; and if fo, whether they had not ileum fuili-
eient injury to induce the Couttso grant them re.
het by injunetion ? And fecondly, whether the
Bookfellets of London had a Tight to bring books,
printed tinder the King's authority, and by Tit tue
of his prenagetive, in Scotia-.d, into the London
market, anithere difpore of them l--Willa retied .
to the fitit qielkion of right there was not the
lead doubt; hot if there was any doubt at all as
alretling this'll:it! of the queftion, it was whether
the Ainiverfity had a concurrent remedy with their
concurrent right, and in what degree they could .
editnate their inn by the infringement of their
eiclufive right with the King's Printer in England
in the Cale of the reNgious hooks &here dated ?
That, however, would be matter for a Jail, who
would afters the fiedligiall JANA! f Kan : vet, tor the
purpofe of prevenung further mifehief being done
to the Univerfity, he thought the Court would be
juilified in granting the injunltion. On the feeond
queßign, Sir Ink+ Jekyll bad Clidinctly laid, that
a man could net buy 'the biota printed by the
King's Printet in Semland, for the purpbfe of
fellibg them ;Fain in England, is it would be tra-
veffing out of the limits of his patent.; and if he
did fo purebafe the fame, ihoOld be confidered as
an infringement on the King's Patent in this
enuntry, and die Court of Chancery would, in
that cafe, grant im injunition. 'therefore Omit
Which was cqufftlered law in 1-20, and hard re-
mained ever 'ace unihakea, nigh be ,rteittided..
as filch at theprafent day. The at/nine= viot4
hold good with patents grunted. in Loglanam in
Ireland; for though all were•alike the folded' of
the King, yet the patent Conld eartdito faith& '
than the limits for which k eras pointed. His
Lorchhip Paid he had nothing to do with the mono-
poly, his decifion would lint go to cif-alit-la the ac• •
curacy of the one edition or the other ; or which
text was bed; he had only to confide, de equitable
rights on the one fide or the other .1 bat be .thould
f4y, that_iftbei}niveriiry were iso witatree the-okt
of their boOrs beyOnd what the' nett &ids of their
pt•oduCtion required, karat:Q.l* puttinlg thiirpa-
tent to eat tagrd, hid i'itprefebtalion .on that
head been made with ate. Netwithltandang
hetnew enoyghofirtidermen inEtWanti,• fkoriaad,
and Ireland, trot toitnow[hey' au& albalibe,.sutil
though the Edinkirghetlittan wit fold chedper
now, yet when' they 'bad (Dived •fitlefoldn
out a the market, and put down
they would have addling to do but tottdiaatiJtatreti
their own ft 'ride ; and • thus, by deprectstirigane
doing away one monopolyi efiabiilh a greater, -The'
only queftion thetfthat.renraitteiribr
Lion was, whether, in the nitture•ofidievathistiiy;
grantedlefThe Univerfity, when :the :iiaufa:cralati
on to be heard, there was teafon ftir • the:
prelent injunUidn could•be fun:tined at thciti of
the Univer6ty ? •
In oppofiton it bad been argued that tbisautlrov
city was a werlicence to print. Fdr his•own part
het& Confiderable 'doubt whether; in its nature,
it vets not totantoount to the patent granted to the
King's Printer, with the exception oilirof the pbo.,,
hibitoif efpnfets t therefore if the UaireAti-Padit
cdnettivi!..tight to print and felt, jraiisibat, va&
fcaugethey fhoulcl*ye a tonortraf ./.lAt 'to eti
elude others front printing and relllng. 'Upon the
wig* Pfthe with 'the bell emotion lrl~d
beell'ablettblifevotE to the retie& sad Gelieg be.
wits not at lobo Ito ad in defiance .of
which' oft ~toGd the af ctittbree thp-
rienees be was oliipinion, clue ltaiithat'rpeats

J)efendant Laid, thatbe thought the bond had been
cAucciled. A fuit in Chancery sus intlitated, in
%vhich the Defenjant made an affidavit, and at was

from the contents of that affidavit the. this cattle

appl'.•.l to the Tegator to borrow' more stoney.—
'll.c Teilator alledged, that he had lent the De-
fend flit Already. That he had given bite
5c..01. as a man i.ig portion ; that the Teflator did
not like to advance the I)efendantany mrre money,
but, he added, that av to.tliie ecol. be might do 411
he pleat d with it, and that he would never eat
upon the Defendant for it. Why, then, the Jury
had the pretr.ife of the Teflator, that he woufsi
never 4:4;1 upon :he Defendant for this Bond. The
quettion then was, whether the Teflator was as
od as his word, or had performed his promife ?
I'here were but two ways of legally performing
that promifc an the part of the TeGator. Either
Iby cancelling the Bond, or by releafing it. The,
one lie had not done, it was, therefore, fair to con-
elude, he had done the other. The papers t* the'
decearcd were in the hands of the Executor—the,
Bond was there found, fo might be the &leak ;I
but the Defendant had no power over either : the
Releafe might have been defiroyed by the Exceu-
tor,for any thing that the Defendant had the power'
of preventing it. The probability was, that as tbe
Tellator, who had made this promife, to his fon-
in-law, never to call upon him for this money, had
performed his promile. The cafe of the Defendant
was, that the law called upon the Jury to find the
fad, that this Bond was fornehow or other fatisfied,
and bad been relealed. _ _

Mr.IAICR GROSE fummed up the evidence, and
left it to the Jury to find the fad, as the evidence
appeared to them towarrant.—Whether the Bond
was fatisfied or not? If they thought the money
was paid upon it,or that there was once a Belisle,
they would find for the Defendant. If they thought
othenvifc, the Bond would be in force, and the vv.
dia would be for the Plaintiff.
Verdi& for the Defendant.

LIFI•SOAT.--.011 the 24th ultimo, at a general
meeting of the principal ship-owners and oilier in-
habitants of Whitby and its neighbourhood, the
Right Hon. Lord Mulgrave, and the Hon.
Colonel Phipps, present. it was unanicatmilly re-
, folved, that a fulifcription lboidd he immediately
entered into for the purpofe of building a life-boat
for the fervice of that port. It was begun on the
part of his Lordfhip with twenty guineas, and fe-
conded by Colonel Phipps with •tea ; within
the hour near two hundred guineas were placed
to the fubferiction, which ail" continues open.
On the evening of that day, three of Lord Mul-
grave's veffels, viz. the Sophia, the Conftantine, I
and the Induiry, laden with coals for his Lord-
(hip's . alum-works, left the harbour of Whitby,
with a favourable wind; foots after they were clear:
of tip piers, a violent and fudden gale arofe front
the N. E. which rendered their return impradica-
ble, they being near the fhore. The Sophia, after'
flriking on the Upgang rock, went on fhore on the
botch about a mile from Whitby, and the people
got fafely to land in their boat. The Conftantine,
her fails being blownnway, parted from both an-
chors, and was Branded half a mile further. The
Indultry Bruck and took the ground a little to the
northward of the Contlantine. The tide being
low, and the fort coatinnally increafing, a life-
boat would have been of the moa effential tile, as
the matter and three men belonging to the In.
duftry, drenched in water, and benumbed by cold,
remained clinging by the Ihrouds, until at thr fall-
ing of the tide they were relieved by the Whitby
coble-men.and got cn fhore in an almoft exhaolleci
Sate, having been in this deplorable fituation near
feven hours. On the evening of the 26th, the So-
phia was got cff, and is now in Whitby harbriir.
Hopes are entertained for the relief of the Con-
flantine but it is feared the India (try will be a total
wreck.

was now to be tried, as this Are came upon that
affidavit from the Court of Chanter y , to try whether
this bond WaS 11414as:dor not ? —The affidavit dated
" That the teftator was the father-in-law of the
defendant : that the teftator lent to the defendant
4=l. upon which this bond was given : that fix
years afterwards, a converfation took place be-
eween the tedator and the defendant, in which
the teftator Paid to the defendant, .11,2. might do as
lie ?leafed with this motley, at that time due and
owing from the defendant to the teftator, as be
Mad! never a& him for it' That afterwards the
defendant wanting to borrow more money of the
lellator, he reminded the defendant of his having
givea.him what he owed him on the alorefaid
bond; and the defendant further dated, that in
confequence of the tedator having repeatedly de-
clared to the defendant, that he never meant to
tall upon him, the defendant, for this money, he
never having been required to pay it, lie believed
the hood was cancelled."—Now the bond was net
' cancelled, for it was in Court with the real affixed
to it ; and now the defence was, that the money
was paid and the bond 'cleated, although the re-
'cafe had been deftroyed or 101 l ; which was not
probable. The collator had given to the defendant
soot as a marriage portion with his daughter.—
The bond (poke for itfelf, and the defendant was
now called upon to pay the money due upon it.
The bond being read,
Mr. Lunar, on the part of the Defendant,l
contended, that, according to the rules of law, he
*as entitled to a verditt in this cafe, upon the
ginund otlegal prefum ptiou, that the money teemed
by this bond had been paid, or that the teftator
had releafed it, and the releafe dearoyed. This,
he contended, was thereadmable conclufeon to be
drawn from the faas as thew were difclofed in this
cafe, in the Defendant's affidavit, in the Court of
Chancery, and which was made evidence for the
Plaintiff in this maim. Here was a bond dated in
September 1766. Far a period of 26 years no Late on Wedneday fc'nnight, or very early cm
demand was made upon this bond. The caeca- Thurfday morning, the taaory I),:longliig to
tor for eleven years made no application for the Mae's. Edward Jnhnfon and Co. at Beverley,
' payment of this bond. He never •applied until he near Hull, was broken into, and liven pieces of
I was goaded on to do force other part of his duty linen, of different lengths, the whole contr:ining
las executor by the Defendant, in which he con- about 120 yards, cut out of the locrns, with which
ceiveel the executor was negligent. In the ordi- the robbers efcaped undifeovered. '
nary courfe of chines, if the bond had been of On the 18th ult. John Dennis, fervant to
modern date, it would have been conclave on the Mr. Scrimthaw, of South Thoretby, was found
IDefendant, unlefshe coinld make a legal defence by dead in Louth-field, with the fore-wheel of a wag-
thceftablillitnene of fame 144 to put an endto the gon 'Tiling upon his bread. It is fuppofed he had
bond. • But after a liege of years, a refumption fallen from the }hafts,—A Coroner's inqued te•
was miler in law, that the deed is fates6cd: The turned a wadi& of—Accidental death.
(haute of limitationshacl benafoundesion wifilona,! On Sunday fe'imight, in the morning, as Mr.
arni in cafes which that datute did not cpecify, William Dearnaly, a young man about 19 years
. 'Cs' ante of Jullice, by condaut praelice, had made of age, apprentice to Mr. James Gregory, grocer,
as it were a datilte.of limitations (sir themleives, in Halifax, was riding along the bank of the river
and where a demand was above twenty years old, Calder, a little below the Four Locks at Salter
the law would prefume payment,
.andit lay with. Hebble, his horfe, by accident, fell into the river,
he perfon making the demand, to rebut that and was, with fome difficulty, laved ; but the
prefurnmion, by evidence that the demand was rider was unfortunately drowned. His body has
not fittsfied. if, a • man was notorinufly infol- not yet been found.
rent, OY if he be beyond the feat, or A lunatic, Thurfday fe'nnight, while the workmen were
Or enitifant :or if. there be-any .difAhslity'on the pnlling down an old tenement at the foot of the
ptt-lif the•ettimant' to make bis'claine, each as Old Alterably Clofe, Edinburgh, one of the doors
his heir% hi:ll4lf beyoud has, or a lunatic • duff; gave way, and buried two of them in the ruins ;
nr the -like' eircomdauces, might re art 4 pre- but they were foon dug out, fortunately very lit
luariptlon, hat Valets -fometiring of thiS kind ap- tie hurt.
pealed oa the part of the Clahtmat? in 'a Court Sunday fe'nnight a Coroner's inqueft was held
of lattice, The priftthiption would he; •thint 'the on the body of Thomas Long, who died fuddenly
demand teas sfiiislied, ' althoUgh 'the' Defendant. in a hottfe in Anne-greet, Belfall. The Jury was
:could:kit prtweir,andwithnut filch% prefmnprion; 9f opinion, that the dcceafed came by his death in
. 0 insin cuilld defend Liu:14113001i pld deniands, confequence of exceflive intoxication. tlelan-
'wlts*Mi "he dead, upd documents* /holy to :plate, this is the fecund :nuance of the
.
alit, in -this aft; ihe tame kind that-has happened In that town within theie
fen . from 'dill JO* of thnet' aravendtied to three wept:.
Callen 11tRuit-ihpirian make thateprefettnptfloW On thetelft inttant, the Coroner's Inqued was
1 tntit?tn. ',The Attminey. Peneval had not onjy not kitten Ai D,Angford, in.Detbythire, on view of the
. pfiEricta manteanany argument, to• rebut body of Daniel Iliketralaboeirer, who was found
tlitiVidriliogbin"
.11; was the 'nature Of that i lead thepreered .eding day, in athleld, in thdaht pdarilh.
;reett. 416041;e itli‘7:a,focafe of
r•tite pfittiregemeetedt-Aelf. att "
wroTat Illekvtleallne:mthaatndewacs one hisl returnen
partent.wnutd be comeitiftve,- units - a prOmife Of: on Friday (with two other labouring men, with
paymmi hid Been Made within fix years. But in' whom he worked) to Cubley, the place of -his re-
the tafe• of a:bond, or a deed under feat, the law' fidenee •, Aline they had drank very freely at va-
• genitallyrertaireil Alt either that fealltould be- riot's places on their way, and left Longford Inn'
elle% wr ellk drat it &odd 'be done.away by" intoxicated, about four o'clock that afternoonoi
. n inarlynenc idleMiliFfnietunirytylhjdfliat a Re- that before they had proceeded far fiorn that plitee;i
e ehitt Rill thiCeltd niii rebut ;tot ifi confequence of a trilling difpine, Baker left hie
afpAalnent-after ak* meelof tarn*. -.Vane was companions with an intention, as they fuppofed,
thfidkcisa(bllitikeriVifieTAasof ivsktiseEsthey- of returning to Longford Inn, and was ken no.
Nei 'of i.rt Ikkitadint : hlle-hadlooli on afore byallem. illielury- found that Baker died
• -'tote 7i tstot's dinette,. 314kibent 4noi. in eonfequence of being espied to the wet and
kifelreitail- ttpentihisSusidt .''fie idlilifit's aid ofthe evening, having beenipn previous date
ai
1 p ircumftauces bLeanie afterwards embarraffed: be-of intoxication• -