Star.
London, England, 1819-08-14 00:00:00

WiIONN
,Urr RirELLIGENCE.

don? OP CHANMIRT, AUGUST 13.
FORSYTH V. HALL.
The -Arroaxav Gemmel., on behelf of the plain-
tif4 . applied to the Court on Friday last for an in-
Ilibetion to restrain the defendant, a gunsmith in this
dip from Making and vending lochs on the
principle of percussion without Sint. This is the 4th
application ore saughir nature which btu been made
by the plaintiff, he having already obtained injunc-
tions from the Lord Chancellor, and subsequently
• verdicts at law against Mr. Manton,Mr. Vicars, and
Mr. eltiviere. The present motion was supported by
an affidavit, which stated that the leeks fabricated
by the defendant were exactly similiti:* in principle
and in construction to those which, in the case of Mr.
Riviere, a Court of Law hadpronouncei to be a pi-'
racy on the patent of the plaintiff. • It having been,
asserted on the part of the plaintiff that the defen-
dant was well aware of the proceedings against Mr.i
Riviere, and having been objected on the other side
that there was no proof of such knowledge, and that
Mr. Forsyth had looked on in silence for two years,
Whilst it was notorious that Mr. Hall was mannfac.l
taring these locks, the Lord Chancellor directed due
motion to stand over till to-day, in order thetl
affidavits might be produced on these two points---.
Accordingly, the Learned Counsel for the plaintiK
the Attorney-General aad Mr. Romilly, now pile
duced affidavits, in which it was sworn that Mr. Halt
not only knew of the proceedings againseMr. Riviete,
but was in Court, and assisted him on his trial, and
that the plaintiff had no knowledge of Mi. Hai
having invaded his patent till January last. These
affidavits were uncontradicted.
Mr. Hems for the defendant, contended that this
application to the Court had been most unreasonably
postponed, as the defendant had made locks for the last
two years, without any interference by the plaintiff.
It was unquestionably the duty of that gentleman to
have come to the Court immediately afterthe verdict
given' in Riviere's case, had he felt that case to have
any bearing on the present. The consequence would
lane been, that thus the defendant could have ob:
tabled an issue from the Court which might have
been tried before this, and the question thus finally
ternfineted. Instead of this the most unnecessary
deleY hid taken place, which would be a serious loss
tithe defendant for the season, which was now so
near at hand. Till the verdict of a Jury declared the
defendant was wrong in selling these locks, his con-
duct Went be considered as prone fade correct. In
the case of Harmer v. Lee, his Lordship had sug-
gested that there might be a case where the specie-
cation might be so dark, doubtful or obscure and de-
fective, that the Court would interfere in the first
instance. The present was precisely such a case, for
the locks made by the plaintiff were different from
those specified, as the patent stated they were dire
charged by percussion, without the admission of any
atmospheric air, while those sold by the plaintiff and,
pretended to be patent, admitted that air was neces-
sary to the discharge. Every patent could only be
considered as a contract between the Sovereign and
the patentee, to secure some advantage to the pub-
lic, but if that pretended advantage turns out to be
a fallacy, the Court certainly had a right to inter-
fere, for such a patent could only be viewed as a
fraud practised on the Sovereign. The Learned Gen-
tleman then at great length entered into a variety of
objections to the specification, and concluded by ho.
ping that the injunction would be refused.
The ATTORN AY GENERAL replied, and denied that
there had been any unnecessary delay in bringing for-
ward this case. The same objection relative to the
exclusion of external air, had been made in the ac-
tion raised by the plaintiff against Manton, but was
overruled, and the patent had been fully established
by three several verdicts of a Jury.
The LORD CHANCELLOR said, he remained by the
same principle as that in the case of Harmer v. Lee ;
but when he laid down that principle he distinctly
stated that the defects of the specification must be
so clearly pointed out that the Court could not pos-
sibly entertain a doubt as to what it should do.—
There was recently a case before him relative to a
patent for drying malt, in such a way as would give
a brown coheir to beer. On that specification he had
at the time very strong doubts, and those doubts
were *Rewards confirmed by the decision of a Court
of-Law, which declared it Bad, and thereby made
die patent void. Here the possession of the specifi-
cation had been made out by three verdicts. and there-
fore the objeetions to the specification might not be
mere properly madein a Court of Law. Be would
therefoie say, that if Mr. Hall would undertake to
deliier every fortnight an account of the guns &c.
sold by him, to which such locks were fixed, or
would undeitake tit state also such part of the profits
as the Court should direct, then a qualified injunc-
tion only would be issued ; but unless he did so, then
the Court must grant the common injunction.
Mr. HONE requested till Monday to consider what
they should do.
The Loan CHANCELLOR-0 yes; you may take it
little me i till then.
SOMME F. MORLAND.
This ease, which related to a bill of exchange sent
in 1514, to the plaintiff; by Koch and Co. of Paris,
Elle which purported to be drawn by Helene Marie,
Countess de Plage; on Messrs. Morland and Co. of
Fall-mall, bankers, on account of an annuity of
4300 bequeathed to her by Roger Palmer, Esq. had
been argued at length before the Court, on an appeal
from the judgment of the Vice-Chancellor, and im-
reeditedy after the Court sat this morning,
The Lome CHANCELLOR said that he had read over
the affidavit* in this case, and he hail come to a dir
vision, which was, that the judgment pronounced by
thd Vice Chancellor was proper. If the Counsel de.
sited, he would, tomorrow, state at length his real
sort' foi giving this decision.
Mr. NV IiTHERZEL contended that the plaintiff ought
to be allowed the liberty of trying the question by
an action.
• The LORD CHANCELLOR said, that he had no ob-
jection to hear the further observations of Counsel.
but that he would give his judgment, together with
the reasiene which induced him to come to that judg-
ment, fully tomorrow morning.
Ina-CHANCELLOR'S COURT, AUGUST 13.
*EEL OF EHAFTE6BURY D. DUKE OF MARLBOROUGH.
Ogi the Motion of Mr. SPENCE, the Court allowed
We 'hugest tb bid at a sale or ales, under the will

of the late /7/nice, so fat as the Master shall report
to be proper.
Till SANS v. THE SANE.
The Report of the Master on another par.tof this
case was confirmed,
&red to it. . there being no opposition of-
WYNIC 10. LADY NEWSOROUON.
Mr. Rowans. stated, that this was a Petition from
the Dowager Lady Newborough, praying that the
two children might not be removed out of the coun-
try by the guardians, and that she might be put in
possession of the estate called the Abbey, on her
paying such a reasonable rent as the Master shall
appoint. The late Lord Newborough died in 1807,
and recommended in his will that she should have
this privilege. There was no intention of pressing
the former part of the prayer, as a letter bad been
received last night from the solicitor of the guar-
dians, stating that all intention of taking the chil-
dren out of the country had been totally abandoned.
The Lady had in 1810 been married to a Russian
Nobleman, with whom she had quitted the country,
but she had since left him and come back to Eng-
land, where there was no doubt she would remain
permanently. He therefore could anticipate no ob-
jectibn to her being put in possession of this estate,
at a(sch a rent as the Master should think prOp!r.
Sir ARTHUR PIGOOTT -was against the Motion.
The Lady had formed a new connection by her mar-
line with this Russian Nobleman, and had a family
by him. It could not, therefore, be very beneficial
to the children of the first marriage to have her and
this second family introduced into the mansion. It
was not alleged that the Russian husband was 4144
but solely that a separation had taken place. lib*,
it was obvious that that husband might at any dine
come to this country. It also ought to be obser*ed,
that the late Lord Newborough had no right to make
any settlement of his property, he being only a te-
nant for life, therefore he could not use such a right.
After a long discussion, it was finally resolved to
refer the case to the Master, to inquire what was a
reasonable rent, ani to put her Ladyship in posses•
sion ; the rent, in the mean time, to be secured out
of her annual income of £l7OO, which she enjoyed,
by having £l4OO a year as a settlement, and £3OO
' a year by the will. The Master was also directed to
report any special circumstances.
NIXON V. BURN.
Mr. BELL said, the papers in this case were very
voluminous on both sides, and there were three Mo-
tions in it, viz. one for the common injunction ; the
second for a Receiver being appointed; and the third
for dissolving the injunction. His Honour would re-
collect the facts of the case. There were two part-
ners, Nixon and Burn, who were grocers in Holborn.
Nixon died some time ago, and his brother had come
to town to administer to his effects, but was refused
all access to the books, &c. of the partnership ; on
which account he applied for the injunction. It per-
haps ironed be the most desirable thing in the world,
if the parties would refer the whole to arbitration.
Mr. HEALD said, the injunction had been obtained
to prevent his client from disposing of the partner-
ship property : but there was no such thing as that,
as the whole had been bought and paid for agreeably
to the terms of partnership. 1 his had been also sa-
tisfactorily accounted for, so that there existed no
just ground for even the shadow of a complaint.
Mr. Brtt contended that the property in question
was considerable, and he hoped the parties would
agree to what Counsel had proposed, viz. to refer
the whole to some Gentleman at the Bar, to receive
and settle the partnership accounts, and with direc-
tions to him to order all private property to be given
up. This would be the best way for all the parties.
The client for whom he appeared came all the way
from Cumberland to see that his brother's property
was well applied.
The Vtez-CHascer.Lon recollected the case per-
fectly well, and thought that the parties would do
veryowell to accept the advice of the Counsel. It
was the best thing they could possibly do in such a case.
Mr. HEALD agreed, on the part of his client, to
refer the whole as proposed, and thought also that
the parties did very right, as the funds were so small
that they would be soon swallowed up in the whirl-
pool of the Court.
Mr. BELL denied that the funds were so small, for
had time permitted, he would have shewn the con-
trary on the most satisfactory grounds. Indeed, the
Whole was of great interest, and required considera-
den, which he had no doubt the Gentleman it would
be refeired to would give it. He insisted on private
property being given up to Mr. Nixon, the Gentle-
man who came from Cumberland.
The Ittea-CiaaNen.poii ordered the case to be re-
-ferred to'ar‘bitiation, the injurictioa in the mean time
to be continued in favour' orthe plaintiff, Mr. Nixon,
and full directiOns to be given to the arbitrator to take
care of private property?,and the partnership accounts.
This ended the present Zittinp in the Vici•Chan-
cellor's Court. His Mixon& will-sit again at theend
TheCiiikau.iin Will sit till the 2Sd.
of October.

Wednesday night, a Gentleman belonging to the
AlbiOn Stone Vnarf, whilst passing the corners of
ThathesAtreet and Tishitreet-hill, eras hustled by a
gang of four or five ruffians, who robbed him of i
pockei-bOok containing a BalaExchange for £lOO,
and five ribliilli.notes, with which they escaped.
Exari!lif Pr Wipta.—'Phis unfortunate crimi.
11 nal, i Me trier for , e murder of his wife was re-
posted'in a former apert was executed on Pada',
the 6th instant, a few minutes past twelve o'clock,
over the ga!e.way of the'county jail, at Cambridge,
in the presep'se of a vast number of spectators. His
behaviour, eft* OendemnitiOn," was consistent with
his awful situetioa, andhe Met his ignominious fate
with firmness.. His Frime, as our Readers may re-
member, was attended wigs-circumstances of pecu.
liar atrociti; hiving. Murdered his wife in the most
deliberate manner, in oider to marry a female to
whom he was paying, his addresses as a single man.:
The body, after hafrifig been 'suspended an hour, was
removed from the scaffold, and was immediately
conveyed in a cart, accompanied by the Sheriff's Of.,
ficers and constables, to the'Chernital Lecture-room
in the Botanical-garden, where' Professor Cuiststaa'
had powerful'preparedohi galvanic' battery, (which
bics
formerly belonged to Ptof 'Tznaranr)
.ari re-,
some the experiments. lately desc.w. ' by;
f bentax, of GlassosT, in the Journal of Ike' • . I
Institution. Qn iiii followit% 44,V,S*u_Mni 11
body was opteed d 2 itpOsed to PO aft vitiir,. in. sii
same room M *hi ibe- eiperimteWTszi piidi. . 1