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Knox, the poems for young ladies could not in common sense be selected by Dr. Goldsmith, poetical called a book of criticism. If a epitomes, preceptors, miscellanies, critical note had been appended to albums, beauties of modern writers, each passage or to several passages, dramatists' garlands, mirror of liv- by way of illustration, or to show ing bards, and souvenirs of moral whence Mr. Campbell had bor. and religious poetry, most of which rowed an idea, or what idea he had contained as large extracts from communicated to others, it would copyright authors as had been taken be fair criticism ; but here was a from the plaintiff''s poems, with general essay, and then followed out any application being con the vast mass of pirated matter sidered necessary to the authors, which constituted the body of the and that it had always been con volume. In the case of the.“ Ensidered an admitted right to pub- cyclopædia Londinensis" there was lish bond fille selections from the a treatise containing only 118 writings of living authors whose pages, and 75 of them were taken works were copyright, and was from the “Encyclopædia," and constantly practised by various pub- there the jury found a verdict for lishers of the greatest respectabi- the plaintiff
. It was not necessary lity. The defendants denied any for the Court to consider, whether intention of infringing the copy the passages taken were the cream right of plaintiff in the selections and essence of all that Campbell they had made, and argued that so had written ; it was plain they far from his copyright suffering would not have been printed at all any injury thereby, it would rather by the defendants if they had not have the effect of promoting the been very attractive. The plaintiff sale of his works.
had been admitted to be the comThe Vice-Chancellor said the poser of the poems, and they had copyright primâ facie was clearly been bodily collected by the dein the plaintiff, and there was no fendants without any criticism at question but that the things com- all, and therefore, prima facie, he plained of were actually taken lite- thought the case was with the plainrally as they stood in his book, fortiff. The only question was whether it was not denied. Could it be there had been such a damnum as said this was anything like an would justify the application for abridgment? The passages were an injunction, for injuria there taken wholesale, some poems en clearly was. What had been done tire, and some in very large ex was against the right of the plaintracts, and could not in any sense tiff, and he was the person best entitle the book to be considered as able to judge for himself. His an essay or a book of criticism. Honour thought, in such a case, Of the 799 pages in the defend- the safest rule was to follow the ants' book only 32 were devoted legal right and to grant the injuncto a general discussion of the na- tion; but if the defendants doubted ture of the poetry of the nine- how much damnum composed the teenth century, without any parti. injuria he had no objection to the cular observation being appended plaintiff bringing an action to try to the particular extracts, and then the legal question. followed the poems to the extent of 758 pages. He thought this
COURT OF EXCHEQUER, unable to take up the remainder,
the plaintiffs, with his sanction, Sittings at Nisi Prius.
sold them, through their brokers, February 18.
realizing enough to pay themselves The GOVERNOR AND COMPANY
the principal and interest upon of the BANK OF ENGLAND v.
their advance. The eight bills so TOMKINS. EXCHEQUER Bill
sent into the market found their FRAUDS.
way on the same day into the hands
of Messrs. Coutts, who on examiThe Attorney - General, with nation of them detected the fraud, whom were Mr. Kelly and Sir and sent them to the Exchequer John Bayley, appeared for the Office to be tested. There these plaintiffs, and Mr. Erle and Mr. documents were at once pronounced Tomlinson for the defendant. to be spurious, and were, together
The Attorney-General stated with many others which were sus. that this was an action in which pected to be forgeries, impounded the Bank of England sought to by the Comptroller-General. Upon recover from the defendant the sum this the holder applied to the plainof 8,0001. principal, advanced by tiffs, who at once refunded the them to him, together with inter. proceeds arising from their sale, est thercon, from the month of and now sought to indemnify themOctober in last year.
selves by this action against the to this claim the defendant had defendant, he having refused to pleaded that he did not promise, as make good the loss sustained by the plaintiffs by their declaration the plaintiffs. The only question alleged; that he had paid the here was whether the defendant money in question, and also a set- could say that he has paid this ad. off. This action arose on an ad- vance, or liad any right to set off vance which the plaintiffs made to the proceeds of these spurious bills the defendant at his instance on against the plaintiffs' demand for the 23rd of September, 1841, when the advances necessary upon the the sum of 11,000l. was lent to redemption by them of these inhim for one month, on the security struments when discovered to be of eleven Exchequer bills, of the void. The defendant could only set supposed value of 1,000l. each, up that the bills he deposited were which he deposited with the plain- genuine, and such as he professed tiffs, but of which number eight to place in the hands of the plainhad since been discovered to be tiffs as a security. Upon this forgeries. The letter of the de- point there would be the most confendant, soliciting the advance, clusive evidence against the dewas to the effect that, if the bills fendant. It would be shown most were not redeemed by him at the clearly that the very eight bills expiration of the month, the plain- deposited by him, and to be actiffs were to be at liberty to dispose counted for by the plaintiffs, were of them, and to repay themselves spurious. their loan with interest, the de A variety of evidence was gone fendant being liable for any defi- into in support of the case for the ciency. At the expiration of the plaintiffs, and amongst other wita month the defendant redeemed nesses Lord Monteagle was called, three of these bills, and being and examined by Mr. Kelly. “I
am Comptroller-General of the contains three bills and three coun. Exchequer. There are three classes terfoils. These blanks are given of Exchequer-bills, of which those to the junior clerk in the office, who issued for “ supplies” are the numbers the counterfoils conseculargest both in value and number. tively from 1 upwards. The blank The bills in question purport to bills are then marked doubly by belong to that class, and are dupli- the senior clerk, when they are cates of others issued as “supply separated from the counterfoils bills.” These issue under special and stamped with the ancient deacts, called “the ways and means vice of the office, the portcullis. bills." The course observed in the They are then placed in a cash. issue of bills is as follows:-We box, and brought to theComptrollerreceive directions from the Trea- General or his assistant for signa. sury to make out the bills required, ture. They are generally printed and they are printed in duplicate, in books of 500 each. After they or I should rather say that each have been signed, they are counted bill has a counterfoil, with two over, and their number ascertained marks upon it. These counter to be correct, when they are refoils are distinguishable from the placed in the box. At the time of Exchequer-bills, inasmuch as they signature there is brought a book, have no water mark on them pre- called the “ signing book," which senting the word “Exchequer," contains a record of the signature which the bills have upon them. of every bill authenticated by the They vary also, inasmuch as the signature of the party signing the figures in the bills are expressed bills, the date at which he signed by words in the counterfoils, and the bills entered therein, their numvice versâ of course. [Here his ber, value, and the act under which Lordship compared the bills and they are to be issued. When the the counterfoil-book.] I see I am bills are signed and counted by wrong in the latter respect. There the clerk presenting them for sigis no such distinction ; but there nature, the party signing enters is a seal or stamp on the bill which his name against them in the signthere is not on the counterfoil. ing book, in proof of the fact. The When there is to be an issue of bills are then locked up in a box Exchequer-bills there is first a having two locks, the keys of which preparation of paper for the pur are in the custody of two clerks, pose, which is always laid in by and so they remain till the day anticipation. Moulds are then cast appointed for their issue, when for the particular bills, which re. they are handed over to the paymain with the Exchequer. From master or his deputy, who gives that office the moulds are sent to a receipt for them, the box being the paper-mill, under the custody opened in his presence by the two of a special messenger, who re clerks. It follows from this, that mains at the mill while the paper no two genuine bills could be is. is in process of manufacture, and sued of the same tenour, number, brings back the moulds and the and date; I think it impossible. paper. When the issue is required, The issue of such duplicates would the plate is engraved, and the bills be a violation of the law, and could printed in the office; enough to only arise from great carelessness, satisfy the demand. Every plate or a direct violation of the law.
The statute 4 William 4th, c. 26, re. only. They ought certainly to be quires the signature of the Control- numbered by two separate clerks, ler-general or the assistant. These and if not, it is a violation of the are not my signatures. They do not rules of the office. The junior profess to be. I believe them to clerk generally cuts the bills off ; be imitations of the signature of Mr. but it is immaterial, I should say, Perceval, the Assistant Controller. who did it. The bills are almost
Cross-examined by Mr. Erle.- uniformly signed at the office in The Exchequer-bill-office and the my room, but there are exceptions. Pay-office are distinct. After the It is not essential that they should signature the bills are severed from be signed there. According to aneach other. The order for the pa tecedent usage
the bills were someper is given by the senior clerk timessigned in the country, often in about a year in anticipation, as it various parts of London. I never is thought to be better not to print signed out of town. The first issue the bills on fresh paper. There is were all signed by me. I have signalways about a year's supply in ed in places where I had not access hand. There is no account kept to proofs of their genuineness; but of the quantity of paper except by they have always been taken away the chief clerk, who is not account in the same box on the next mornable to any one. He is the custos ing, and examined at the office by of all the stationery, and is respon- counting, &c., before the signature sible for the supplies. He is not is completed by the entries in the bound to render any account of book of record. The books are all the paper used; but he has a paper made up with 503 forms, but when book as a check on the supply brought for signature there are given by him. He is himself only 500 bills; the odd number relied on as a proper check upon is to make up for accidents, which others. He or an assistant-clerk are sometimes unavoidable. The gives out the paper to be printed, counterfoils are kept by the chief and the quantity so given ought clerk till they are sent off to the to be entered in a book in order to Paymasters'-office. If there was check the return by the printer; nothing to throw any doubt upon but there is no superior officer to this bill, I should still have doubtexamine that book. The chief clerk ed whether this was Mr. Perceval's had access to the seal without any signature. I would not have acted check. The seal is kept apart from upon it without reference to him, the screw press, and is locked up at any rate. At the same time, it in a chest which is accessible to is a better imitation than some I the chief clerk. The key of that
I have examined all chest is locked up in a press, and the rejected bills. may be said to be accessible to all Mr. Erle addressed the jury for the clerks, inasmuch as the press the defendant, and Lord Abinger is so. Formerly the seal and the in summing up the case told the screw press used to be kept to jury that the simple question which gether, but they are separated they had to try was whether the bills now. The senior clerk numbers in question were forgeries or not. the blank bills and the junior the The jury immediately found for counterfoil, unless one be absent, the plaintiffs, damages 8,0001., when both are numbered by one with 3401. for interest. Vol. LXXXIV.
to accept the trust, to the MerCOURTS.
chant Tailors' Company, to the (Before V. C. Sir R. K. Bruce.) Clothworkers' Company, or the
Goldsmiths' Company in succes• March 14.
sion, and desired and directed that ATTORNEY-GENERAL V. LORD
such person as should be legally CARRINGTON.
admitted by the said conservators This suit, which was by inform- of his will into the estate thereby ation and bill, and which was granted and given for his main. in the matter of the free school tenance, should take effectual care and almshouses of Matthew Hum to elect and put in a person of berstone, in the parish of Hum- sober life and good learning to be berstone, in the county of Lincoln, curate of the said parish of Humand also in the matter of the act berstone, to be continued with the 2 William 4th, c. 57 (the Cha- stipend or yearly salary thereinrity Commissioners' Continuance after mentioned during his good Act), came on on exceptions to conduct only, and he performing the Master's report, and on fur the service thereby enjoined and ther directions. The suit was in- thought needful in such a station, stituted by the Rev. Mr. Gedge, and during the pleasure of the the vicar of Humberstone and the male heir of the name of Hummaster of the school there, against berstone, who should succeed the Lord Carrington and the other testator in their several reversions, trustees of the same, for the pur- and upon default therein, he should pose of restraining the trustees dismiss him and choose another from removing the plaintiff from able person. He also directed such his office of master, for the re curate to teach the boys or youths opening of the school, for the ap of Humberstone and those of his pointment of new trustees in the tenants in the parishes of Laceby, room of some who had diel, for Scartho, Wilsby, Clee, Titney, and the removal of the remaining Houlton, in case they should send trustees, and for other purposes, their children, that all such boys amongst which was a reference and children might and should be to the master to make proper re freely educated in the use and gulations for the government of practice of the English and Latin the school and charity. The mas tongues as far as the end of the ter made his report, laying down grammar and prosodia learned certain rules, from some of which twice over, with teaching them to the present exceptions were filed. write a legible round hand, the The history of the charity, which use of arithmetic, and casting achas been before the Court of counts, according to such books as Chancery upwards of 130 years, should be provided for them to and the proceedings relating to learn by. The testator then, among which are reported in 1st Peere other things, gave a power to the Williams's reports, p. 332, is shortly male person of his name who should this :-In 1708 Matthew Hum- succeed to his estate to suspend berstone by his will, dated the the curate as being both minister 14th of March, devised all his and schoolmaster for any neglect real estate to the Drapers' Com in preaching, or in not teaching pany, and in case of their refusing the boys the use of the English