The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1823-11-04

shewn thai dlr .i.in.s which one hsa.s.
when one dimes in tie city. Iwhprr men
eat peas with a tHo ,rpng.d fork AMI bet
hats With each OF ! - np,rI lrs, and
tie perfection If s,ol inn. reall ilat. STALE
aud ulprniitabie Ia thbh Who ha.e liz. 4 :.
iniic innsrr and seen lifll, nnr,, of The
world, aud wbo have heard pms nhrn il
was The fashion IL cumnia them aud Al the
west end Of the town.
! 1liear hats are Thrown ont err the nar'i.
ealar use nj some spiishily persons with
whosr ihrclIn4~in.s We have hrea of late
extremely pcstcred; re apologize Ia utr
rational readers lor the Insertion Of such
| stnli. even by WY pf surtelt Ia our onib-
bling patients.
DON JUAN.-1nr Wee Chancellor Of
England has given decision relative In
this work, which i considered hy the most
liberal of the London journals as anninia-
llnT ali literary property of any value. -
Shortly after Don Juan was published,
person OF the name of Dugdale p. inted a
cheap edition of the work in no resp, ct va
rying from the original, and which IN IA
great measure superseded the sale of the
more expensive publication. Concrisng
tins an infringement on his right of proper
~, m application was made in the name of
Lord Byron to the Wee Chancellor for nm
INJUNCTION on the piratpd edition This
was opposed by the counsel for Dugdale
on the ground that Don Juan was IA work
of immoral tendency, which placed il
therefore, beyond the protection of the
courts WHETHER of law or equity. After
considerable discussion on this point the
Vice Chancellor decided, i" that in the pro
}proieetion of literary property, "a court of
equity followed IA court of law. This was
the general rule, admitting, however, Of
certain exceptions. Wherever, therefore
court of law would grant repara,ion by
damages for the piracy of work, there, ~
a general prlnclpfe,.a court ofequty would
grant more perfect remedy Ia prevent il
further injury "t the property, Where,
on the contrary, court al law would re-
fuse reparalion by damages il necessar-
| ly followed that a court of equity musl
withhold itsinlunctloa. Ii appreared that
the principles upon which court of law
acted in these. cas.s had not been very SO
lemoly decided.
"The cases which had been referred to
by the learned counsel were principally
aisi pyius decisions, upon which the same
reliance could not be placed as upon So
lemn decision by the Judges. CONSIDERING,
therefore, the nhol" OF this case, he tlIo'i
the safer course would be. that as thiswnrk
now III question WAS challenged Ia br Of
such acharaeter as that 1t would mol re-.
ceive th" protection oil court of law, that
n trial al law should be directed to obtain
the verdict of Jury. He would, there
fore, dissolve the INJUNCTION upon the terms
that thu defendant should keep AN account
of the profits of the sale Of the work, and
thus aiiording 10 Lord Byron an opportu
nifty ofproeeedinS ut law To recover DANA
gcs. II Lord Byron succeeded in his ac.
ton, his honor thought il would follow
that he would be entitled 10 protection
oil this court by injunction" When this
decision WAS pronounced, the counsel
for Lord Byron reminded the Court that
the defendant was not in the most af.
huent circumstances i; on which the Vice
Chancellor observed that this circum.
stance could make no alteration in his de-
cision.
'''o ,I'hbil'hL NdS idlGUtll nfl Tue
ground thai by renouncing the power.
which the chancellor possessed, Of deter
mining himself, whether the tendency of
work WAS good or bad, he had placed
all literary productions completely at the
mercy Of pirates for It was ob1ioussthat
to permit the person who could allow him
self TO pirate works and sell them, on the
condition of keeping an account of the
sales I'LL an action at law was determined,
was la give them the works altogether
As well, II was said, might house breakers
and thieves, be allowed TO dispose Of the
property they had obtained in their unlaw-
iul pursuits on the condition OF keeping nm
account of the proceeds, that if matters
should go hard with them on their trials nj
the session, they might be obliged to re-
fund.
Ii bad also been objected to the princi-
pie laid down by the Vice Chapcelnr, that
1t had the tendency to encourage inimora.
hty by sanctinnins the sale of an alleged
improper work which from its low price,
would necessarily command a more ex
tensivc circulation than the original edition.
The permission given Ia the pirate to sell
II work To which he could have no possible
right, also carries along with il an appear
ance cauntcnancing fraud which should
never be imputed To any Judge, far less to
one whose special province il is to dispense
equity, regardless Of the forms of technl.
caIliles Of law, or vi the ordinary practice
Of other courts.
Protestant Missions 10 Ike Hcathen.