Star.
London, England, 1823-02-04 00:00:00

CLZMINTI AND.00..1". WALKER.

This was an action. on:the. case for infringing the
copyright of the air Vive Henri Quatre, with varia-
tions, composed by Mr. F. Kalkbrenner, and by him
sold to the plaintiffs, who are dealers in musical- in-
strunents and publications.
It appeared from the evidence of Mr. Kalkbrenner
himself, that in June or July, 1811., just at the time
when the Allied Sovereigns visited London, he sold
the plaintiff the copyright of the work in question,
with that of one or two other airs, for 30/. which he
received. On his return to Paris, he sold the copy.
right of the same work there, excepting England And
Germany, to M. Pleyel ; and it was duly registered
as his property according to the law of France. The
air continued on sale by Messrs. Clementi, but no
assignment in writing (which under the Statute of.
Anne is essential to pass copyright) was made to them •
till the 24th of January, 1522. En the meantime,
-the work was sold openly in Paris, and Mr. Walker
being there with his son, in 1317, purchased a copy,
which he republished, ant.l has sold since the regular
assignment to the plaintiff at half the price which he
demanded of his customers.
The SOLICITOR GENERAL, for the defendant, ar-
gued that he had a right to import and to publish.
the air, notwithstanding any contract made for the
sale of its copyright by its author in England. The
poems of Moore and Byron were sold freely on the
Continent at very reduced prices; it was always un-
derstood that a work published in one country might
freely be sold in all others; and an author could not
take away, by any private contract 'which he might
make with an individual, this right of importation,
which belonged to all.
The LORD CHIEF JUSTICE gave no opinion on the
point of law ; but suggested, that as it was of ins.
portance to musical professors, it should be brought
before the Court for more solemn decision.
A verdict was accordingly taken for the plaintiff.
Damages 2s. subject to the opinion of the Court on
a special case.
SHERIFFVCOURT,RED LION-SQCARF., FEB. 1.

FLENIINa V. TWEEDA LE.

This was an inquiry to assess the damages in an
action against the defendant, for dilapidations in a
house of which he was the late occupant, on the
Duke of Bedford's estate in Woburn-court, Rus-
sell-square. The defendant had suffered judgnteat
to go by default. •
The short facts of the case were these: the house
was originally let on lease for twenty-one years, con.;
raining the usual covenant for repairs, to a person of
the name of Martin, who having died, the present
defendant then became the tenant, and the remain-
der of the term under the lease was regularly as-
signed to him, with .all its 'consequences. The lease
espiied On 'Lady-day last, and the defendanit quitted,
the house. The plaintiff, who was the ground land-
lord, immediately took possession, and found the pre-,
mists in' the most ruinous state. No one of the co-
', venints.for repair-had-been attended t•; and, on ern-I,
.ploying surveyors to ascertain what sum it would take;
togio -what was necessary, their estimate amountecri
to 1:101k tOse Ter this sum thelaction was-brougbt., -
Two surveyors were. slow 'called before
.the Jab.:
•

who described the state of the house, and Tecified
the several charges Which it would be requisite to
wr in order to render the house habitable.

Air. JONES addtesed the Jury on the part of the
defendant, urging the hardship of his being liable for
'the negligence of his predecessor; but the terms of
the lease being positive, and he having accepted an
assignment subject to those terms, the Jury :Lusted.
the damages at the sum claimed.

We are glad to find that the long-established Cool'
and Confectioner's, 93, Oxford-street (Mr. Malta's)i.
is about to extend its accommodations, by unithif
to the concern, in the adjoining premises, a CnoP ao
EATING- House of a superior and approved descrip;
tion. This, we are assured, will be found very cot:.
venient, and has been long desired by the neighbout=.
hood and the Publicl is, from the high respeetabi:
lity and talent of the Proprietor, thoie for whose oie
the New Establishment is intended will be sure of
meeting with comfortable and liberal treatment.