Star.
London, England, 1804-01-27 00:00:00

LAW INTELLiCENc.k.

THE SPRING CIRCUITS.
Yetterday the Judges met in the Exchequer Chaat
ber, and f red the Circuits as follow :
N —Lord Ellenborough and Mr. Jetlce aware.
Nam roasc—Lord Alranley and Mr. JAI= Grote.
Hors—Bunn Hotham and Mr. Jultice Heath.
Wita T L X W.—Enron 111001r011 and Baron Graham.
Oat D —Mr. Juftice Lawrence and Mr. Juftlce Le Blanc.

COURT OF KING'S BENCH, jAN. a 6.
LITERARY ►RO?ERTY.—HIME V. DALE.

We have already reported a caufe under :he title
in which a fang, compofed by Mr. Dibdin, known
by the familiar name of "Abraham Newland," was
the fubjel of the aftion ; and.we Rated that the Plain..
tiff was nonfuited, on the ground of the opinion of
the Noble Judge who prefided, that under the (haute
of (been Ann, a fugitive piece of this kind was not
proteaed, and no literary property, tilefs,it appeared
in the fi,rm required, by the popular acceptation of
the word 4' Bali."

Mr. ERSICINS moved to fet elide the nonfuit, and
to obtain a new trial, in the following terms :
" Had the piece, which is the fubjeft of this action,
been varied in the type, it might have been made to
extend beyond the compels of fheet, and then it
would not have been liable to the objeftion on which
the nonfuit was grounded. This is a cafe on which
a prodigious extent of property depends, not from
the intereft of the parties in the Poem Will, but from
the interefi all mankind mull feel, in the proteftion
to be extended to the produdions of the human mind
by Britifit law. It has been decided, that mufie is
within that protection. Compofitions of this kind
appear in a concife form, on infignificant (craps
paper, and property to an immeufe amount is feat-
tered abroad in this illufive contemptible form. The
queftion will be decided by this application, whether
the efforts of genius, difplayed in this way, are to
'receive their reward ? nr whether every author or
compofer moP referee in manufcript his works, until
they !hall have offended to the quantity of a volume?
" The cafe of Miller v. Taylor, is the great foun-
dation of all thefe anions ; and on that occafion it
was declared by Mr. Jaime YATES, that no right,
by common law, exifled for literary property ; and
that the eadulive right was vetted alone by the Oa
tute. In the High Court of Error, to which the
queffion was referred, it was propofed to the Judges
in the flibrequent form : " at the mama key, the
author of a book, or any other literary coatto.fitioa, had
the role right of printing and publifhing the fame,
and a right of a/lion againß others for infringing on
that privilege." Your Lordihips know, that on that
occalion, eight out of the eleven Judges gave the affir-
mative anfwer to thefe interrogatories; fo that what-
ever other opinion may have been given, that anfwer
efkablifhes this point, that by the common law, any
perfon, who, by intelleftual labour, had produced a
work, had an exclufive property in the fruits of his
talents and indnflry."

Lord ELL/111101OUGN." There was at that time
no quellion before the Judges. whether a tingle (beet
might be confidered a book, and therefore that par-
ticular point bad not been determined."
Mr. The right to all minor produc.
tions, however contraned in their form, is, by this
decifion, eftabli(hed at the common law. The quer-
tion then will recur, whether this right, nnimpc sched
at common law, be taken away by the ftatute of
(Zreen Anne ? Or is it confiftent with the natural
foundation and beautiful fuperftrnaure of Englifh
jurifprudencp, to narrow, by legillation, the ancient
rights of the Britith people ? Such was not the inten-
tion of the Parliament under Qileen Anne, and the
preamble will fatisfatorily explain that intention. It is
there called, "An Al for the encouragement of learn-
ing ; and there likewife the expreflion is not confined
to books, but the words employed are, " Zonis mod
other curitimp." Thus it appears, that if preamble
correnly explains the delign of Ad, and the ob-
ieas to which it is direaed, we are completely within
Its meaning. True it is, in the enaning part, the
word reforted to is "Boas ;" but again in the penal
part, (on which this anion is founded) this limitation
to Bosh only, is abandoned. (On the term of Bed.
I (ball have occalion to advert hereafter.) The cafe
of Bach v. Longman, reported in Cooper, 623. was
for a mulical compofition, and it could not be con-
tended that it was a book."

Lord EL Limaosot, G 11.—" It does not appear that
it was not a book. A Sonata may be a book."

Mr. On that occaiion. Lord Matts-
rtELn Paid, the cafe was In clear, that little argument
was neceiftry, and he repeatea the words s bank and
other gerninge, obvioufly becaufe he held, that the
preamble, and the terms of the Aft, were co eaten-
five ; and the Court certified to the Chancery, that
having heard and confidered the cafe, they had de-
termined, that this muftcal compotitiort was within
the Statute."

Mr. Juttice LAWIIIIICa." What was the prccife
quellion ?"
Mr. EIWEIN t.—" If a mufical compofition were
within the Statute. It never occurred to the Ceaa•
cscsoa, that the produCtion not being a book could
raife a doubt, and therefore no fuch doubt made any:
part of the queliion. The cafe of Sterw.-e and Lanz.
mare was tried before Lord Oilier Jusrica Kati rms.
during the fitting. after Michaelmas, e7tlS. The
declaration fate.:, !hat the Plaintiff was the compo•
fer of a mufical air, tune, and wtiting, and that it
was reprinted by the Defendant, within the fourteen
years limited by the Ad, &c. I was Counfel for the
Defendant, and I examined his fitter Storm., to fhew,
that it was compofed to be lung by her at the Italian
Opera, and my defence was, that all compokinns
of this kind, Co performed, were the property of t.se
houfe. Lord Kiev's fAI,.!, that this defence could
not be fuppurted; that the Statute mils the property
in the author, and that no fuch private regulation
could interfere %cilia the public right. The cafe of
71.Kmolose and Co'iirr was arved at the Bar, by the
late Mr. Juftice B c s., by Sir Jossrrs YAW,
and by Lord kosrven The filbjed was one of
the mod celebrated produftLin, of the 1411 centnre.
the Spectator, of Mr. ; this work, it is well
kncwn, was ilfued to the public in the form of (Ingle
fleets, but it never ceentred to theft leartscil and
noble perfon• ei rrenJ, perfons whore talents and
ingenuity ender the honour on the profelLrn,
that the protrilion of the Future was withdrawn, he-
caole ,•f flier.: gradual means, by which this empori.
urn of talk and erudition was expofed to the public.
Yet by this objection, if the nonfuit in the pefcat

*
.

cafe was well founded, the immortal- would 1..
(tautly have been terminated:
tent of a produaion be the Cole title to the guardians,
flop the author receives from the law,.-the retards of
dullnefs will indeed receive a portion ofrefleaed light.
while the poetic fancy of the Immortal Gray will b•
con figned to the churchyard in which his Elegy was
compofed, and the diaant view of Eton College will
recede for ever from human obiervation. Ever,.
man knows, that thole mathematical and allronoms- •
ca! calculations, which will inclofe the Rudolf. dur.
ing a long life, in his cabinet, are frequently reduced
to the compafs of a few lines; and is all this profun-
dity of mental aharaftion, on which the fecurity end .
liappinefs of the Ipecies, in every part of the globes
depend, to be excluded from the proteOion of the •
Britilh law ?"

Lord ELLEN 50R0U014...—" Until bound up, the
produetiun does not come within the interpretation
cf the word book."

Mr. ERSICINE.--" My Lord.; your fituations and
your attainments make you the officisl and ardent
proteaors of learning. It can never be your inclina-
tion to extend the Aa to the Bitching, the marble
cover, and other feeble accidents; you would clothe
the author with all the honours, you would afford to
him all the advantages with which he can be endow-
ed by the wifdons of Enghas jurifprude-Ice —What
is the origin of the word bath P The most profound
fcholar in Englifh lexicography has told us, it is -
derived from the Saxon /or, and that the latter term
is from the beech tree, the rind of which fupplied the
place of paper to our German anceftors. The Lain
term, fiber, is alto coc(lllent with this etymology ; it
is derived from the bark of a tree. Sometimes the
moll humble and familiar illollration is the moa for-
tunate. The bore boob, fo formidable to infant years,
eonfifts of one (mall page, proteaed bT an animal
preparation ; and in this (late it has utuverfally re•
ceived the appellation of a boob. If no book could
be the fubjea of an aiaion but what was voluminous,
by contracting the type, by other expedients for di-
minifbing the form, the mutt valuable produahns of
the human mind might be pirated with imponify.—•
Having, my Lords, all the precedents I have Dated
in my -favour, and havingno fingle cafe in the whole
hillory of law to oppofe me, I fubosit the motiets,
with confidence, to your decifion ; and I conceive
you will determine that the new and popular con-
ftruaion of the term book," is not the limitation
to which the fiatute fhould be refiriaed."

Lord E LLLLL OROUGH-a Let Mt fec a copy of
the declaration."—Rule granted.

NUM:LIFT 9. GIIIIIIIO.IIW.
Mr. Gam made the prefent application to the
Court to fet afide the verdi& obtainid by the Plaintiff
in this caufe, and to have a new trial. He explain-
ed, generally, the nature of the evidence adduced
on the former occafion, and commented particularly
on the depnfitions of Mr. Rennie, an engineer, to
thew that the patent of the Plaintiff could not be
fupported. He contended, that the patent was
granted for no new difcovery, inafmuch as a Mr.
Balfour had fume years before obtained a patent for
the fame inventi•m.—Decision poftponed.
HUDOCIT 4. THI lIICUTOIIi OF $ll ILICM•ILD 00.

THAN.
At the trial between thefe parties, during the late
Sittings, a verdiA had been cbtained againft the Ex-
ecutorsof Sir Richard Hetli4m, in the amount of

r 0001. It appeared, that the Piaintiff, Captain Mid-
den, commanded a (hip in the Eall India ferrice, of
which Sir Richard was the hulband and principal
proprietor. On application by the latter, the Plain-
tiff refigned the command, but under a promife that
he fnould receive the laid amount for fuch religna-
tion. This affair took place hi the year 1789. It
was tried in confequence of a reference (then the
Court of Chancery ; and, by the terms of that re-
ference, under the authority of the MAITYR of the
ROLLS, it was direded that the Statute of Limitation
thould not be pleaded.

Mr. WOOD DOW moved to let elide the verdifi. on
;he ground that the confide►ation for the promife was
illegal. and. therefore, that the whole tread-aim
was invalid. He founded his argument on two cadet,
that of Blatchford, and that of -Parfons and Thump-
fon. In the former it was held, that the tale of the •
command of a (hip was vacated both on principles of
public policy, and of thole of private inttstutions, as
being incontinent with the peculiar regulations of the
Ealt India Company. The latter cafe is reported in
the Ifi H. BLACKSTOIII, page pa. The Plaintif
was a matter joiner in the Royal Duck of ,Chatham.
the Defendant was foreman of the fame yard ; and
the one agreed with the other to refign. for which re-
fignation, if the other fucceeded to the place. the
perfon who abandoned the fituation was to receive
an annuity fur life. The Court of Common Pleas
held this agreement to be againft public policy, and
therefore invalid.

The Court not being fatisfied with there grounds,
the I.earned Grunfcl endeAroured to fupport his ap.
plicati•ir, on the footing of furprize, he not being
acquainted with the terms of the Charter Party of
the Eall India Company, which would decide the
cafe in favour of the Defeo.lants

Lewd ELL, asoaouon." Is not this endeavour.
ing to efiablifl; a &aprons precedent I What cafe
is there arias, where. aftcr trial, the Counfel does
not think, on recouGdcring the circurntiancer. that
in forme ot.e puint or other. he could have nianagefl
eat muter batter ; and is that a fair and vrinpetent
motive 111, i:1 al' cafe*, for a new trial r'

Mr. " rnC re is. my Lnrd., another ground
rap/gra! 7.-.4). and that is, Ihnuld a promise haws
been made. 4. J !lase been fully ettablitbed. if it ba
not a *ads:. paßals."
Lord E LLLLL oancoes. " The re igns:inn of the
command without suit or troub.e. is a confidetatisua
which will be refpected by the law."

Mr. juilise G.lst. •• It was Tony earn negle!te
if ),••l i-cre n,t .ipptifesi of the .batter l'atty."--
Role refuic.l.

Cl1.1:1AL

Mr. Sefje Int BAIL • s moved ilot .iCAVC t•• fi'c a erinti.
infotmation aga:nd Williams Thutnpf,o,inrfend.
ing.anJ rerr.val I:4,ker,for cat r a cha:lotge to a
G.:Masan of the name ci Sutton. Z.Sr. fn..mpfma
WAS la:e:v a rartnet in the hot lc of Ati.irf.n ant
C. I op..n th• -4:h of !fr. Atl.s.A.r. al p:scatims
was made to z%e ,A Chancery to remove Mc.
foompf-m twos any :Le C'414.1a 11 the Dm.
fines...lnd that a receive. i 'old he appointed to tab
care of the profits of the trade. &c. mid that Mr.
Thompfoo !boob be elarebarsed frau euestreas,

ar
otherwife dintwatfuct Receiver Ihould dire& to et
plain the accounts, &c. Mr. Sutton was appointed
We& Receive', and Mr. Thompfon received from
hletfrs. F and Lacey, eminent Solicitors in the
ci,, an intimation that he was respelled to appear
before the Receiver at a given time ; on which Mi.
Thompfon vitt to a challenge to Mr. Sutton, which
was carried by Mr. Barker, and afterwards fully ex
plained to he a challenge to tight a duel.
Rule to Thew canie granted.
Article• of the Peace were offered on behalf of
Mr. Sutton, upon the very fame faits.
The CHIEF JUSTICE Gild, that the parties would
do well to confider whether they would perfill in
this mode. If the Articles were exhibited, the
Court would order the Defendant to give furety for
the prefervation of the Peace, but that would be a
gond reafon again!? making the Rule for a Criminal
Information abfolute. The Articles were then
withdrawn, and the Rule for the Criminal Informa-
tion taken. •
GRIT O. coops".
Applicaticm was made•in this cafe for a new trial
on the ground of exceffore damages. It was an ac-
tion for an affault and falfe imprifonment ; and the
confinement complained of was, for the fpace of four
or five hoots, during which the Defendant was of.
fend his liberty, but infißed upon going to the
Counter, where the turnkey advifed him, that if he
meant to bring an salon of this kind, he had better
.he locked up. The verdift for this 'bort and volun-
tary confinement, was tsol. Rule granted.
INSOLVIIIIT DEsTnas.
George Kenan, an Iriflnan, was brought up to
Ise difcharged, when the oppofin Couafel anted him
what (
le had done with an elateg he Rood feifed of in
the county of Meath ? He anfweted, that he had
made it over to his brother, and he had got the con-
veyance in his pocket.
Mr. Janice Laws saes aped to fee the infirumentf
. mid it was handed up to him. After looking at it,
be (aid, k Why this inftrument purports to be your
left will and tenement !"
g,_o Well, my Lord, and fare that's the
way Ipecle it over, and it is gone for ever !"
Mr. Janice Lamesnes. " Why, man, yottought
to hive died to have made the conveyance com-

Ods
Heenan. "I don't fee the neceffity for that, my Lord.
My lumber never told me of that t—be thought it a
good conveyance, and holds the land taff."
After fome further obfervations he was remanded.
DIWIT a a/YNTOW, BART.
Mr. Emxtue moved for a Rule to Drew am& why
a us", trial lhould not be had in this cafe. It was
as aka by Mr. Dewey, who was a creditor of
Lord Arundel. againll Sir Andrew Boynton, Bart.
Sherif of the Couqty of Wilts, for a falfe return of
a writ of execution iffued at the fait of this plaintiff
againfi the goods and chattels of Lord Arundel, in
ardour
The Sheriff bad entered and levied upon the goods
to the amount of about cool. but being afterwards
allbred that the remainder he had taken polTeMon of
were not the goods of Lord Arundel, but of Lady
Arundel, under a legal deed, by which they had
been conveyed to her Ladytkip's ufe, therefore the
Sheriff had returned radio bona as to the telt of the
debt, upon which an anion was brought againfi the
Sheriff for_ a falfe Return, and a verdia was found

for tie Plaintiff.
The prcfent motion was made upon the ground,
that theta goods were originally the property of
Lord Arundel, who, after his marriage, had become
embarraffed with debts, and who was importuned
by eneditors. Lady Arundel was poffeffed under
her marriage fettiement, of an elate of 40001. a
year. with remainder to her iffue male, remainder
to herfelf in fee; (he was now above the age of 60,
had two daughters, but no male iffue, and therefore
the cfiate was wholly in herfelf. In order to relieve
his Lordlbip from his embarraffments, the contented
to raife ra,ootol. upon her own came ; this is exclu-
.her own, upon condition that furniture and
vasinas aces Ihould be conveyed to Trances for
ter are. This was accordingly done by deed. Lord
sod Lady Arundel lived together without any idea
of reparation. It appeared in evidence at the trial,
that five different executions had Mired again!! the
goods of Lord Arundel, and he had paid them all
to redeem the goods in quellion.
Lord Etessamuntom held, that while the hofband
and wife lived together, the poffellion of the wife was
the poffeffion of the hatband ; that in this cafe it was
fair to infer, that as the Noble Lord had bought
theft goods fo often of the Sheriff, they might be
called the goods of his Lordllsip ; if fo, the !Sheriff
its retnming 04 there were no snore goods," had made
a Mie return, and therefore the Plaintiff was entitled
to a verdict.—The Jury found a verdi, for the plain.
tiff for the remainder of his debt.
It was contended, that as this was a real and ism
fide Contraft, that Lady Arundel became the owner,
and potrefor of there goods for a valuable cunfidera.
Lion, namely, ta,0r.,61•
out of her own abtoltite
elate, they could not, under any circumilances
whatever, withmit her content, cr the content of her
trithes, become tat property of her hufoand. That
if (he had had them by smite of a fctticmcnt bcfnre
suarriage, no doubt could be entertained upon the
fubjete hot they mutt be her's, and no engarcment sit
bet Loud could etre& them. Here the had than iu
virtue of a putt nuptial (cannier, %eh!, h mule no
difference, prr,videel it WAt for a vAit:47tlc c .rlr:.!c•a•
Ilion, and the prilfethon ace“rdeel will. r! c iirie, t),,
on engagements of in a:t..7 mat,'
fat loch property, va,ich was ai,iu .aril et
her, and hod in the namt ace', for
,t .:f ;Lis (.1,..i:••1•:, he -1
cafos, b.itb in C•aute of Law Lep.a).
Auk to thew curie granter:.

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matried to the defendant, to recover from him 01
film of 80. for board and lodging for h s wife. dur
ing his abfente to the Ealt' Indies for a period of
near two years. The Jury, after hearing tie whole
of the evidence, gave a verdia for the plaintiff. with
One Shilling damages. The Conn ordered the
Learned Serjeant to take a rule. This was the &ft
motion which has been made upon the claufe alluded
to in Lord Elknborough's Aft.

axcmycxyca BILLS.
Mr. Serjeant moved for a rule to thew
caufe, why an Attorney of the Court, named Ve,ney,
should not deliver up certain Bills of Exchange, and
anfwer to the matter of an affidavit made by Mr. Juf.
tice' the holder of the Bills in quedion Rating, that
the deponent, on the 9th of February 1802, having
been previoully recommended to Verney,by a perfon
named Barrage, placed three Bills of Exchange in
the hands of the laid Verney, to enforce the payment
of them. The Bills were drawn by Mr. William
Taylor, accepted by Vincent Fredericia, and made
payable at the Opera Houle ; one of them was for
4001. dated 27th May, t 799; one for 2151. of the
fame date ; and a third for 501. They were two
years over date ; and a receipt was given for them
by Verney, who promifed to return either the Bills
or value ; but the latter, inflead of recovering the
value of them, in confederacy with Taylor, gave up
the Bills to the injury of the deponent, who, from
the time he delivered them to Verney, had not re•
ceived the leaf! account of them whatever. The affi-
davit of Burrage Rated, that, on being defined to
make enquiry about the Bills, he went for that par-
' pofe..and Verney wanted to bribe him, by laying, he
I would make him a handforne prefent if he would
&nee Juftice. The deponent laid, he was lorry he
bad recommended Juftice to him ; for that he (Ver-
ney) bad behaved very ill; to which Verney laid,
Julbce had better be quiet, for he could get no good
out of him.
Mr. Serjeant Cocims, on the other fide, teed the
affidavit of Verney, which expreffed, that after the
Bills were placed in his hands, he was informed Jut
lice was not to be the plaintiff in an *aim for the
recovery of their value, but Barrage; a cireumftance
that induced him to fufpe& the Bills had not been
fairly obtained; therefore, did not take any Reps in
the bufinefs, but threw the Bills into a drawer in his
delle, which always remained unlocked. Barrage fre-
quently enquired about them, and had accefs to the
drawer where the bills were depofited, from which
the deponent fulpeited Barrage or fosse other perlon
had taken them away. The deponent Paid to Bar-
rage, when lie was urged to proceed apinß.Taylcor
and the others " I do not like the tranfaaion, why
are you to be other,
plaintiff ?"
Several other affidavits were read, Rating diffe-
rent converfations that paled between Barrage and
Verney; at which the latter laid, if Barrage would
give him a guinea, he would return a copy of jut-
we's Bills.
A perlon named Smith alto Rated by affidavit. that
he was at Verney's houfe in July, 1804 when -Bur-
rage was prefent, who then aßced Verney, why he
did not proceed againft Taylor? and the anfwer made
by Verney was, " Becaufe I think the Bills are like
you, good for nothing." The latter afterwards ex.
preffed his furprife, in the pretence of the deponent,
that Barrage fhould be the plaintiff in the anion,
when it was known that, for five years he had not
been worth five pounds. In Augult Barrage was
arrefted, and confined in Newgate for debt, where
he told the deponent that Verney bad left the Bills,
the property of Juftice.
Mr. Serjeant Beer Paid, there was one tranfation
that related to the conduit of Verney. which, if
proved, would fubjea him to be ftruck off the rolls
of this Court ; namely, the affidavit of Smith, who
appeared to have been a pi ironer in the Fleet in July
and Anguß, the time which he Rates to have beard
the converfation at Verney's houfe ; if he was per-
jured, confequently Verney was guilty of fubornation.
Lord A deprecated the conduft of the
Attorney, in placing Bills of fo much value in a
drawer unlocked; he obferved, the bills fliould have
been given op, there was no juft pretence for detain-
ing them, and the appearance of Verney's conduit
was fulpicious ; it was, however. too much to order
him to pay the amount of the Bills into Court, as the
value of them was not then clearly afeertained.
Mr. Juftice Rama concurred with his Lordffiip,
and the Court granted a rule to compel the defendant
to anfwer interrogatories, fubjea to the direition of
the Prothonotary.
!Till AND SUMO V. WYLLIII.

Mr. Serjeant Basr moved for a rule to thew nee
why a new trial lhould not be granted in this cafe.
The action was tried before Lord Alvanley and a
fpecial Jury of Merchants in the Sittings after 40
term in the City. The Plaintiffs were indorfers to a
note or bill of exchange, drawn by Marfden and Co.
nn a foreigner of the name of Lefouff. It hid been
indorfed by the Defendant to two perfons of the
name of Kennedy. and by them to the Defendant.
At the time the hill was indtrrfed to the Plaintiffs, the
Learned Counfel dated. it had been due for upwards
ui t 1 months. Any ohjci'ion. therefore, which the
Defendant could hav: had while the Bill remained in
the hands of the Kennedrs, mud be open to them
against the pre cot Plaintiffs.
The principal witnefs on the trial, Wilton, the.
Clerk of Kennedy, had not been able to thew how
the account between the parties Rood, and whether
the balance was aBte.:l4 in favour of Kennedy. Ile
Lad only dated ttat to o bills of the Defendants had
1.e.-i ?clime(' on the Ktnnedys, which made an ap.
p.arent bal-,;tre in Kanredy's favour. One argument
the Learned Cotinicl laid he Ir..d ettlatccd nn the Jo.
ry. Why, when the hill became due, Wyllie had net
n called r :: to p ty it ; hut that twelve months of
t•• .yards it Lad hien impignorated with the Plain-
This had brin got the Uttar of b% a queftinn
tic j.ir, men. who enquired if the De
A month:: of fuel: a Itourc? And nn
d affirtria:ive, laid that it con•
ch I s tzrwwledge that the Defendant was
haul/ions. tin which the Jury immediately
a acrd.:l far the plat:Jiffs. This, IPtwever.
z• Mr. Ser.,rarst contended was not the GA; and
' •• he appi ebended he was entitled to. a

put by
w . n$:111t"

•I.lw

r.3‘11..! lilt %..1

r n (11

4 .I,d
I

.10rAsr it f. ...I 1141 tich a plea (mid not
c,..anten.olo.d. It %..1% 1alpf11:01C t.. determine
1. it wac the owl which the Ptry had
ct:akt. 'n f.bfervation rnot;lit have
rimy', sad 11iU fuck

•;:t a 4.,)

might not have been the ground of the verclia pto•
nounced by the Jury in gentral. The Jury had not
alligned that as the grpond of their verdia ; it was
impoilible, therefore, to take it for granted that fuch
was the principle on which they had found for the
Plaintiff.
Mr. Serjeant Bear faid, that he would undertake
to prove, that fuch was the ground of the verdia.—
He faid, that the fan was (imply this, while the
Learned Counfel was making a marked eulogium
on the charater and credit of the Defendant, one of
the Jury had enquired, if he were fuch and fuch a
perfon ? and on being informed that he was, had ex.
preffed his belief, that he was not entitled to all
commendation bellowed on him _Rule granted.the
COOK O. YOUNG.
Mr. Serjeant VAUGHAN applied for a rule to flew
caufe why the verdia for the Defendant in this cafe
fbnuld not be fet afide.
This was an anion for uf.try, and wn tried before
Lord Alvanley at the Sitting 6 after hitt '1 erm, at
Guildhall. The Plaintiff was the mailer of a Chip
called the Nellor. which requiting repairs he em•
i ployed the Defendant to execute them, and gave him
a bottomry bond over the velfel for the amount, be-
ing pd. The bond was granted on the aoth Febru-
ary, 1799, and direaed the interea, at the rate of 30
per cent to be paid every fix manths. It alfo con-
tained an option, at the elation of the Defendant, in
default of payment of the principal, at the expiration
of twelve months, to make the debt perfonal again(
the Plaintiff, and to recover it in an anion at law.
The Learned Counfel did oot contend againit the
ilagality of the interca, fo long as it continued a bot-
itomry fecurity, but maintained that on the s7th
February. 1803, the Defendant, in virtue of the
elation allowed him in the bond, had taken it out of
that predicament. having by a letter of that date,
only (even days after expiry of the option, declared
to the agent for the Plaintiff, that the period of his
bottomry bond had expired.
Lord A LLLLL EY raid, that it would be incumbent
on the Conniel to make out a firong cafe to overturn
a verdia for the Defendant. If the letters of the De-
fendant were to be the ground for felting it afide.
they mutt be produced.
Mr. Serjeant Vat:num; fair!, that the verdia was
not only again( evidence, but againa the opinion
delivered to the Jury by his Lordthip.
The rule was granted, the Plaintiff producing the
Defendant's letters, and the account exhibited by him.

On Friday morning, about one o'clock, a fire broke
out in the worklhop of MelTrs. HFY WOOD and Bet.- ;
SHAW' machine makers, in Tib.lane, Mancbefler, ,
which was totally confumed, together with a large 1
quantity of machinery, etc. The weather being ez• I
;
tremely tempeftuous, the flames threatened deftruc-
arm to the whole neighbourhood ; but by the active 1
alliftance which was rendered, the damage was con.
fined to the premifes where the fire began. The
building was infured, as was alfo about one-third of
the property within.
Early on Wednefday fe'nnight, the dying-hoofe
belonging to Mr. EDWARD SH SPUD, of Uly, Glou-
cefterlhire, was, together with a great quantity of
cloth then drying, entirely confumed. The accident,
it is fuppofed, was occafioned by the flues being over
heated, one of which burping, communicated the fire
to the timber.
Erratum STATE Lomar.—Yefterday (6th day
of drawing), the following Numbers were drawn
Prizes above zol. :
No. 5,,,550 a prise of Z.bcoo No. 50,367 a prise of ktoo
saos - Soo 6,683 - 5*
$1,143 - soo 16,i3s - so
2.159 . 240 15305 50
1113 419 . 140 12,3,4 - se
81,879 - too 8.509 - so
3.t4s - 100 1 sos - so
310 - Toe I 5.884 - so
Thofe Perfons who have been accutlomed to ad-
venture in the Lottery thould be deemed inezeufable,
if they mill the prelent period, when the (bort time
to draw, the quantity of large Prizes undrawn, and
the comparative cheapnefs of rickets and Shares,
combine to render it the molt propitious, of any
which have yet occurred : efpecially as the &ft
drawn Ticket to-morrow morning is entitled to
ao.OOOL
• •

The Fide Drawn Ticket to-morrow morning is
fine to be worth Twenty Thoufand pounds at leaft,
even if a Blank;—but it is polfible to be worth
zymool. or even 40,0001. for the Wheel is immenfe-
ly rich, and the floating 20,0001. Prize is as likely to
be the Firft Drawn Ticket as any other. Tickets or
Shares to obtain this deferable tibial, are felling at
Blue's Offices, 4, Cornhill, and 9, Charing Crofs,
where teveralCapital Prizes this Lottery have already
been fold, (bared, regiftered, and paid on demand.
FORTY TOOVCAND Pounos.—There being two
Prizes of so,oool. and only four days more to draw,
the Firft Drawn ticket to morrow morning at nine
o'clock, may be entitled to 40,0001. ; (zo,000l. it is
certain of.) An event fomewhat limiter to this,
happened Come years back, on the lad morning of
drawing :—The 141 drawn Ticket was entitled to
wool. and there was one Prize betides of t000l• in
the Wheel, which fell to the tali drawn Ticket, and
as loch, was entitled to soool. The fortunate pro•
prietor was a farmer at Iffington. This is an un-
doubted fag.

BIRI'HS.
On lidanday LR, the Lady el Edmond Thomas Waters, Efq.
of Old Er..a.l.iireet, of a dauibt. r.
On the t ph tuft. the Lady LI i;ir 'Mean= Dalrymple Hdketb,
D.ot. a R..nord H. 14 Lancaaarr. of a fen.
the Lady of Chain Ilimard, Ell of Melbourne Farm,
of a fan.
On tbe 'Gib infl. at her haute in York, the lady of Sir
illfay
Wharton Armada, Bart. Kettletberpe Park. of 4:Wegener.
On Monday morning, the w fe af a labouring man at Somers-
Town, of three ..Itildsen. two maim. and a female, the Miele of
whom are living, and like to do well. IMs mamas hat been the
mother of fee. a children within the laft four years. Iss hada(
been twice delivered of twiny, prior to this.

MARRIED.
Oa Mrindsy aft, at St. Pancras Cliurcb. C. Arrnftrang.
Smoot or tie &mbar tßabNaomi, to &IA Dorothy Wood,
Etter to Sir Frsacts Wood. Bart.

DIED.
FeTyyrfent.y rnontint, at All apartment,. is HaOwes. the
Rev. W. Redden, M. A. Magdalen Gallop, Oxford, F. 5 A Cu-
rand ate end Morsing Preacher of St. Was% in the Field% Mll•fea.
one of the 6wwwitle Chaplain, no tlhe Riatzt Hon Use Earl
of
Pan grunt'!.
On FondaT, tI•1 sal Irßast, at her Systfe at Psi Slreas. %rm.
14.1 r.. Maurilials, ailed 9t.
On Moody.. lie. at Fairell, In the wh year at her up, frlif.
Frances AMC Palmer, Heady furvirang Ursine: of Ishii Atiairl,
a( UAW. Seemida.

HIGH WATER AT LONDON BRIDOF. TO MOROW.
/Awl ung •••• • • • 7 minutes after 3
Alteit.dllD

TOMORROW.
Sun rreS Sui kis I Monti rifts
34 minutes Iftet 7I minutes after 4 38 after`
—•- -

2.7
ud
Capital FE!'EHOLII MANSION HOUSE, GARDENS,
PIA 1 SUR E. OROUNOS, In the City of Canterbury.
TO BE Sal.ll
By
Mr BY AUCHARLESCTION, WI
Plo T RESERVE.
. tyr,
On the Premifes.nn Monday, the ;nth day of January inftatit. at
Tw4vc o'clock at noon, to Flee LOU.
AVERY Capital and del-nal& Freehold Malifinn.
Hour , Gardens. sod Picsfute Grounds (all walled in) lati
the reOdence of William Scott, 1.14 el.-eeafed; containing a (fa-
cials ha 11.34 feet by at feet ; dining parloiw, at fret by so feet 3 t
brcakfaft parlour, Isourckeeper's room and ftore room, boatel,
pantry, good kitchen, fenaery, brewhinife and wallsbnuf-,latindrya
dairy, most eneelleet wine and beer itellars; a large and handoenn
ftahr-eafe, elegant drawing-romp. 34 by 24 feet 6; frees ezeitteni
bed-rooms, with d aunt-rooms, five attire, with a back Edr-este
(runt the kitchen ; a filbftantiai enneh.linufe, with a liveAtall Rabb
under one roof, and a large and convenient ftable yard ailjninlngi
with every (unable attached and detached office. ; a brailtiful
la
with plantation* and walks, and a fmall aarden in front of dill
manfion-houle coataining upwards of halt an acre, and a hi*
*arum-garden behind It. with kkehest-garden, 73 feet in front
neat the Davit, by nay in depth, pleseifelly Rocked with choice

fruit. trees.
The whole °ldes premifes Ise idag maker at bob Ede of
Watling-ftred„,in ace of the mod open and airy Stuatinns of Cut.
terbor:, and farm a awe amplest and eligible relkleseee for a fa. '
mily of fortune an* diftinitioo , and are expally deforming the atten-
tion of Widen Is a osigbbarband where Intildhig-gronnd is
mach wanted for the reads= of refpedbbie private Ismailia.
The wbde Spate is cemented front Led-Tan.
For particulars apply to Mr. Midges, in Saint Georges-Place;
or to the andieseser, at bit Upholftery and "MUM Warelsonfe„
in the Higisdast, Canterbury, where printed particulars nay la
bad in a few days; and the Little may be dewed, and a wmap of it
fem, to days yorevioos to the file, by applicadoem to the andloena.
Canterbery, January t 6, acmg.

EINHEUMATISAIS, PALSIES. "Ind GOUTY
IN- AFFECTIONS, with their dual easeentitants, Spero. or
dying Palm, flatulency, Indigeftion, and general Debility, (dui*
nadng In whatever tonne) are relieved and frequently cured by
WierEHEAD'a Effenee of Multard Pills, after tom othii
_ .

means bad failed.
The Fluid Effensc of Multard (ded with the Pills, hs thole
complaints where noteffary ) is perhaps the moll adive. penctratv!
tog, and effeCtual remedy In the worid; curing the (mama
SPRAINS Lao BRUISES,
in left than half the time ufually taken be Opadelder, Artist*
bcfade, or any other Liniment or Embrocation ; and if old low
mallately after any accident, it prevents the part turning black.
The ftiffnds naturally =Bing from the flrlt ufe dabs MUSKET.
it immediately removes.
It it prepared and fold at is. pd. each hoe or battle. by R. join-
lion, Apothecary. No. 13, Greek-Runt, Soho, London, and may
be bad of every Medidne Vender in Great Britain and Ireland.

HAVING dedicated myfelf to the Ludy, and beta
gratified by the molt confiderable pradke in that torch
which I thought groper to Meet, I trait that I ham Oct more me-
employed my time than dale who, in the extcnfive field of the
prorcition, are occafionally immerfed in uncertainty, and cannot
always attain that fuccefs which Is acquired by concentrating the
intelleaual power to one data of diforderx
TbeZifearca of Data Lri* Y are peculiarly di/train& foe they
bring with them • train of concomitant tympani, and, by adm
preffion of all vital energy, miltence Welt butanes embittered-v.
Whether they wife front the prevalence of ill example. the
Qeßrue-
tive habits of fchool-hoys, or the indulgences of maturity, they es-
quire the molt allidunua profs:Moral !till ; but by the ignorance
of uneducated mm, the fymptoms are aggravagai. and the canal.
tutlon Is &Rayed.
M s MEMBER of the ROYAL COLLEGE of SURGEONS.
I ground my preteafinns on regularly of education; and vdteliret
every privaeye to praaice, I feel myfdf entitled to that contdcacte
with which I have hitherto ban fo liberally honoured.
In the lift fenfstione of local wesitnefs, early ',vacation oda
prevent the calamity of a debilitated frame; bat where the Oaf-
firer, from a confeloulhefs of the unmanlinefs of the vice which
muted his misfortune, is fearful of the contempt or centara of hie
family phylician, and broods over his infirmity with rueful
ma-
ccahnent, it mutt be fatisfaetory for him to be stored tot only
capability of traunsimt. hot alio of the mo inviolablefecrecy.
And in recent Venereal Complaints It is partible to prevent poly
danger or diftnefs ; in the 'soft complicated cafes It is the acquits.
man of exclufive experience in this hoe to craft a fife, artalk
and ready re-eftabliennent.
I offer the advantage of this experience to thole of dthor fee wan
are afilithed with soy bind of DEBILtVY. of any fymptome
VEN tREAL INFECTION, and in all tabs the tams of arms-
iteration are Rated ott,die firft
Patient/In the country are expelled to iodate a lank acts,
e restudied to fpccify their age and manner of Bring.
MARTIN BREE,
Member of the Royal College of Surgeons in London.
&reed, ow 'Temple Bar.

To THOMAS TAYLOR, El+
No. 9, Bridge-Rivet, Landon.
Hanottred Sir, Edinburgh, March IS, iSol.
IBEG leave to inform you, that ever once the your
1790, 1 have been *adieu' with the Lees Venerealprzihn
from its obllinately refitting every count of mode-eine
by the molt eminent of the faculty here, and undergoing livens*
revere canaries of fahvation, and twice diirharged frumtbe HMO.
tat, with little relief, would appear to be of • the matt inveterate
nature. In the fpring of Let year any diSordcr had got to fucks
head, as nearly to put a period to my exillence. I had • large ulcer
on the crown of my head, one at each arm, and my legs were
broke out io a frightful manner; my right was dreadfully palm.
ful, and had bees in a (Late of ulceration teethe Int ;even you;
my kit had alfo two large amino° it, was very much difeoloored
and gave me filch excruciating pain. particularly when warm in
! bed, at nearly to deprive ma of reit In thia Lamentable Rate
has recommended by Mr. J.Thompon, (who rectived fmgreat a
cure by them here), to take your I.elica Patent Pills, which I
began to do on the 2.6thof May ; n the courfe of a onnlght I be•
gan to receive benefit-In link more than a month the ulcceit as
my head and arms 'were futuidly hcaled--form after the fora an
my kg. healed alfo, leaving howev. r, coefidcraqe difeolouratibu
Ia the Rio, and pain Ir the bone t;thc left, which, by the Net.
Wig of Goo. and a link longer perfe,teznee in your invaluable
Med eine, lublidad; the note. difperllng. the thin its
neural hue, and the nocturnal 6-.1 :Ay thue
became, by your liberal advice and .e.pcifettly free front
all my former complaints—have recur, r ti my former fpirit and
flreneth, and am beemtc aod tat. in wh:ch Rate having
continued many mouth• to tar a•lonifhment of all who knew mt.
I ant at a loft ail st hat t.-ent, to eapre:, r.;y t;:-.1titude, bat bQ
you, foe the good of eih.r I ..M.t iiii mort.„l,, to make this my cafe
at public as poilihle, a. I 0.3;1 on retry oresOnn ; in fn doing you
wiß iveatly uldige,bir, your eteeful, oh,tiitut, very humble Geo
vier, ALLX. hIURKEtt..
Swan. Clore, met. idit*urafs.
Wont:ifas to the altote ei r., —Jo! e I !.ornpron, 11.. t. New
Poultry-matket, John NI It-, . :i.by ci , t,diuSurch
Prepared and fold by the fo:e P... it. 'll itiNl.th
I.OR, Member of the Royal Colkge art `tirreont. his Houie.
No. it, New Bridge-Rivet, Lemke, ; n'aere, after a conflate fc
tukoce of more than thirty.tit years, in ~praeltec uculaily di-
rected to the cure of Venencl CornViint ,u.J t ale incidental to
the Parts of Oineratlon,with hs: kertry which Men
of hit Pmfellion &cold always °Verve In tub cafes he Batten
tdinfelf, the advice and affitanec he granetouVy itiniinlittra to
perfons taking this Nlediant.. ui l be dictated, by a Meaning
Public, as an adeamare ft liken attairtelt inevokti of all ambiguity.
Alin fold, by ht, anointment, ter de convenience of diet
By
In; at a diltaasce. at the Petfurner'i, Na. 35. ht. Allanteli.areet,
Pall-Mall; he *I oy-thop, No. tot, Oaford-ftroi t Mr. tiiiho-
rougb's, N 0.7, fifh iteret -WU . Mr. St-A, hookfeller, No.l, Uni-
on-row. Link To-eurthill; kir. Ritter's, Soutb.heidge, Ed's,
burgh ; Mr. Ceiba-31.5, Iluben, um' Itv one porton in every cos-
Wes-able tuwn in Great /khans and Ireland, in boars of only sa.
9d. each. knot op, with fall and rNin Sbedions. whereby per-
fans of ether lee may cure thenakives witi cafe, timed. audy.
and faftly.

LONDON. Priottr4 anal publithad ET LEVEL K I NT, (of Cist-
otittorpliare. Lambeth.; at the SIAS Omer, t. Carer
area- Pulellheal alba at alp reea Om a, Torah abr.