The Statesman.
London, England, 1812-11-21 00:00:00

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T'O F .61710 tr- Nei. to,
STUAIT V. TIIZ iAII4VIS OF EUTE.
This was an ems/Alba To a Report of the Master
in this cause. JObsi Zirrl *Of flute had bequeathed
TI!I annuity of 6001. to his second-son, Sir Charles
Stuart, with remainder to the present Vlaiutiffs, the
wife and son of Sir Charles. The annuity was
charged upon certain collieries in the counties of Nor-
thlimberland and Durham, the proi!eeds of which
were to be managed by Sir William Conyugham,
trustee to the will, as were also those of a subsi-
diary fond of 15,0001. out of which any deficiency
was to be paid which the proceeds of the collieries
might leave, when applied to the payment ,of the
nnnitity. On a former occasion, Sir William CO-
nviigham had stated, that no paytnentlutd been made
since the year 1802, and the reason assigned was,
teary expences bad been incurred in improving
the t ollieries, on which Mr. Stuart and. his mother
had claimed, that recourse should be had to the fund
of 16,0001. in their favour. The Defendant had ex-
c,,pteil to the Report, with a view to atnitt infor-
mation with respect to the expenditure of the pro-
duce of the estate, conceiving that the Plaintiffs
would not have so easily acquiesced in the allega-
tion with respect to the (wineries, had they not had
the subsidiary fund to apply to ; and the ques-
tion now to be decided was, whether Ite had any
right to be put in possession of the information he
required.
The LORD CHANCELLOR recommended an amica-
ble arrangement of the business, which was acqui-
esced in by the Counsel for the parties.

COURT OF KING'S BENCH, WESTMINSTER" No v.(20.

THE UNIVERSITIES ENTITLED TO COPIES OF
ALL BOOKS PRINTED.
VIZ SING AND THE likirptstrir or CAMBRIDGE i.
BANAL •
This was an action brought age,inst the Defendant
by the University of Cambridge, for having publish-
ed a book (Fox's Ilistory, we believe) without send-
-I:tg a copy for the aforetientioded University, nt;ree-
ably to the provisions of the Bth Anne.. The Plain-
tiffs obtained a verdict for 61. ss. that is, 61. peualty,
and 11. 63. the value of the book.
The action was, in fact; brought to try the right
of the several Universitlei and Public Libraries (11
ie number), to a copy of every book that comes from
the press, whether entered 'at Stationers' Hall or
net, for the publication in question had not been en-
tered at Stationers' Hall; and ott that ground the
Defendant contended, that he had no right to give
a copy, as by the non-entrance of the work, he
di:l not take the benefits of the several Acts for the
protection of literary property. The verdict, how-
ever, was entered for the Plaintiffs, but the Judge
who presided at the trial, suffered this point to be
reserved for argument before the Court, and it was
this day argned.
Mr. LITTLEDALE appeared for the Plaintiffs, and
argued in support of the verdict. He commenced
his ar4cment, by alluding to the Act of the 13th
Charles 11. (the first Statute passed on the subject
of literary property), which provided, that a copy
of every book that might he puleished, without
saying every book " entered at Stationers' Hall,"
should be forwarded to the Warehouse-keeper of the
Stationers' Company, previous to publication, for
the King's Library, and for the two Universities
(those of Oxford and Cambridge). The next Act
that passed on the subject, was the Statute of the'
Bth Acme, which secured to the authors or proprie-
tors of new works, for a riven period, the sole and
exclusive right of publishing them—a right which
was not before secured to them. By that Act it
was provided, that all books entered at Stationers'
Hall should adduce that proof, to show their claim,
to exclusive publication, and to the protection of
the Statute; and it went on to enact, that nine
copies of every book, 'on the best paper, should
be sent before publication to the warehouse-keeperl
of the Company of Stationers, for the use of the
Royal Library, the two Universities in England,
the four Universities in Scotland, the Library of '
Sion College, and the Library belonging to the
Collegs. of Advocates, in Edinburgh, to be deli- „
oared
.to them on requisition. On this Act, the
University founded Its right, urged in the pre- ,
1-ett instance, for it evidently was intended to
/TZ.mote the cause of learning, that books should
be thus forwarded to the public Libraries for the
use of the students. Mr. L. argued from hence,
t!e as the right of the Universities to a copy of each
new book was not before shackled, it never could !
have been the intention of the Legislature, by this
Aet, so to shackle them, while it at the same time
gave to authors and printers immunities and privi-
lertei which they before did not enjoy. The 15th
Gaa. 111. was the next Act Teticwl upon, which made
fitnivr- provisions respecting literary property, asl
theeformer.A.cts had in some way been ''eluded."—
It itiodad.to hooks " published as aforesaid," which
allusion did trot .nrean such books as might be en-
tered
at Stettoners' Hall, bat referred to those who
might possess the exclusive right of publication,
either from authorship or proprietorship. The next
Act adduced in support of the general argument was,
tlite4lst of the present King, passed after the Union
with-Ireland; and the object• of it was, to extend
the privileges eejoyeti 'lsy the • English Universiti.,s,
Siott College, &c. to Tritiity College and° King's
Inas; Dublin. Thus thereetiere to be eleven evicts
of each new book to be fordarded to the Stationers'
Company for the eleven public libraries, on pain of
farfeiting the. value the*of, and also 51.' for each
omission.
.This Act, of the 41st of the King referred
to 'the 'former Acts on "the samo subject; andlts
Preamble set.' 'forth, tilt the Statute related to
"books enterer! at StatlobeieHall." Now as such
former Acts did 'tot Lei/154%A,, provisions to books
" entered' et 'Slatiotter?' Ran," the erroneas Pre-
amble to the 41st 'of the King catal:lly. could not I
:maul the clauses of fortner Statutess. The miscen-]
rept:lok of any previous Act ip isle 'Preamble of ai
subsequent Statute, could not do away. thebenefitsj
resetting froM such former Acts, ter to dOehat weult
be to fact. to render them nidfaitli void. ' Those for-
mer Statutes distinctly tweeted that copies of all
books should be sent to the 'several public libraries.'
tbeeein specified; and the 411 t of the King
.was,
mutely *foe thi-purpiroe, aftafthe Ihiiouj.- 'prima offik:i