Star.
London, England, 1804-04-21 00:00:00

LAIV IIiTELLIGENLE.

COCKPIT, WHITEHALL, APRIL so.
Befhre the Moll Noble and Right Ilunourabls the
Lords C.mtniffinners of Appeals in Prize Caufes.
The kbnaner lirtLy Lloyd, Canby, Matter (an ap-
rnd from Jamaica.; This fehonner, on a voyage from Se. Jar,
do Cuba to Philadelphia, laden with moieties and five. was cap-
tured on the sfith of July, r ko,by his Nl...jetty's fhip York, John
Ferrier, Fry. Commander, and Qichee, Henry liayntun, Erg.
Commander, and carded to Jamaica. where the anal pmeerd-
dogs were commenced. Their Lordihips, after hearing the fur-
ther proof produced of the property, condemned the flip andeargo
as good and lawful prize to the captora.
The Minn, Stevenfon, Mailer. Their Lordlhips In this
cafe reamed the goods as claimed, the Gip and part of the argo
having been named on the fanner hearing.
The fehooner Fly, -- Palmer, Molter. This was a fur-
ther proof cafe with repat to the (hip and cargo, a hich their
Lordesips pronounced to be (efficient, and accordingly retturcd
the Ihip and cargo to the neutral claimants.
The brig Polly and Nancy. Okott, Matter. In this
cafe the antand cargo were reftored.

COURT OF KING'S LENCH, APRIL so.
HYINIS o. DAti.—ti T PanFIRTY.
Mr. Ease's' having, in a former Term, obtained
a rule to let slide the nonfuit, and enter a verdiEt
for the plaiotiff in this aftton, Mr. GaalOw now
rule for the purpofe of (hewing caufe again(t that
rule. It will he recolleßed that it was a fuit infli-
toted to recover damages for pirating a Song, writ- I
ten by Mr. Dibdin, called Abrabatft Newland, and the
•
oblation taken was, that a tingle lheet did not con•
' %Lute a book within the meaning of the AR of
Parliament.
Lord E LLLLL ()ROUGH obferved, that the Court had
sonlidered thp fubjeCt, and were of opinion its im-
portanee was fuch as to require a mote fdlemn dd.-
culfion than it could pofiibly have uprin a motion to
fet *fide the nonfuit. The Court were therefore de•
&oils it Ibould be put into the form of a Special
Cafe. Upon looking into the AR of Parliament
made for the proteBion of literary property, the in•
Terence certainly appeared to be, that a book Ilsould
cemtain more (beets than one; but upon referring to
the definitioos by our Leakographills. he found
them very vague and indeterminate. Some Paid, it
' was Amply a literary compofition. Chambers de-
fcribed a book as a literary compolition of wit and
Isaroing, and of competent length. With regard to
this d.ation, be was apprehoofisse that if wit and
learning were efTential ingredients in the tonftitution
•uf a book, there were many modern volumes which
mould not fall within the defcription. The cafe of
bads naiad Longman threw no light upon the pre-
featmsodioa, becaufe it was an &Rion for publilking
nista( Coultas. confiding of feveral duets. Upon
the whole, finding the definitions Co various, it was
looper the point &mkt be fettled by a &hum adju-
dieauoo. s
Mr. GIIIIROW kid, he had antioufly conlidered
this cafe, and he thought he could not difcharge his i
lddue without dating a preliminary oblation, which
to the particular inflance before the Court.—
Lordfitips knew, that, in a certain event, the
liable and Learned Judge who prefided, the Arch-
*imp of Canterbury, or the Lord Chancellor,
loalght be called upon to decide upon this work c
what he therefore meant to afk was, whether this
Ares fuck a prodoeion as could be brought with pro.
pristy into a Court of Jullice ? His Learned Friend,
Dlr. East's's, had evidently anticipated this objec-
-1 dims, when be (Askew'd upon the trial, that the Court
' would not be difpotad to find fault with the wit of
the Cong, as it was not intended to convey any libel
asa the orders to whom it applied. For himfelf, he
was not inclined to limit the reakoable lathe of Sad-
Ices Welts. or Mr. Jobannot's convivial fociaies ;
bit was it fit a Court fhould be called upon to decide
, termitic% the literary right of an author to a grofs,
featsdalous, and wholefale libel, not againd indivi• 1
dual members. but the entire fyllem of Englifh lull
aice ? lie mould read one of the (Ulnas of the long.
and leave it to their Lordfhips to fay, whether a
more gad.. impudent, and indecent libel could be
' peened? He reconciled in the cafe of Fores again((
a Gentleman, whole name he Mould not mention,
' *Court, in referring the demand of a Printfeller to
arbitration, exptelbly direflad that no allowance
Might be made for loch Prints as were of an inde-
cent or immoral tendency. The veal to which he
villied to call their Lordfhip's attention was this:
The weld I, hided to think 'Whet Is blind.
not Lawyers know wen 6c can view land;
Yet what of all that—Se can blink like a bat
At the feu of nut Mead Abram Newish/I.
'0! Abraham Newland' Magical Abraham Newland!
''Though Jollier 'ii. known,
. Caa fee through a flans,
t She can't roc deixigh Abraham Newland'
I' This is to fay, that the impartiality in the admi•
rfißration of the law may be obilrufled by bribes in
the form of bank paper ; and 1 trod a produftion
infeßed with this fpirit will never receive protoftion
here."
Lord E LLLLL nenams—ig If it appeared on the
face of it to be a libel fo vas us to affeti the public
morals, I &told advife the Jury to give no damages.
I know the Chancery, on inch an orcallon, would
grant no injunftion : but I think the prefent cafe is
not to be cor • leved one of that Lind. Without pre.
jodicing it at this time by any extraneous comments,
it is my opinion the matter ought to be reconfidered,
and then, by a finzial verdift, it may be akertained,
if the piece be a book within the meaning of the
Leelaturec"
Mr Easnina—t. The Aft hasbeen drawn up in a
very flovenly way. lii the cafe of Miller and Taylor,
the quellion fohmitted to the Judges does not include
she word h.:4 ; the phrak hu, dry CalVittioll was em-
ployed."
Lord Et Lallaolloo4aps—.. It was wwatgly employ-
ed, as the flatement ought to have echoed the terms
of the AR."
Mr. Easataa—" The word rah it not the ancient
word in ufc in the Excheeoter, but it is h,cl. An oath
as early as the time of Edward the Fifa, tuns in flu,
form : ' And you atoll deliver into the Court id Jr.
chequer, a book (not a toll) fairly written on para.
anent,' dr."

... Varna si:d hkr arc tile

Lord LLLLL reovoii—
fitioe"
Mr. Joßies Lavresece—.o The vg,:nie.it afed I.y
Mr. Gaitvow (0 Ow fugitive piece,
would •. to the Pr o.Art,t, wi ere
11. e lanruage aLti AIM; nuetTe ruificwia:y ck,c g.ienr
the ..dininiitratioo of putilic j0tt0.e."....-:•• •
ti atilt..