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Caufes refpecting Literary Property.

Literary Property, in which Meff. Cadell, Strahan, Payne, and other Bookfellers in London were purfurers; and Mr Robertfon printer in Edinburgh, and Mr Anderfon bookfeller in Stirling, defenders. Two profecutions were brought against these defenders; the one for having printed an edition of Mifs Burney's Novel, Cecilia; the other for having printed an edition of Blackstone's Commentaries on the laws of England. In the former cafe, from the omiffion of entry in Stationers Hall, it was admitted by the purfuers, that no action lay for the ftatutory penalties; but it was contended, in the firft place, that there was a right of property conferred by the ftatute, independent of entry, which, though it could not produce a fuit for the penalties, might found an action of damages at common law; and, in the fecond place, even on the fuppofition of no right of property, the defenders had been guilty of a fraudulent act, in printing on the title-page of this fpurious edition of Cecilia, the names of Meff. Cadell and Payne, the printers of the London edition, to which they had made their own counterfeit to bear a moft exact resemblance in fize, paper, type, &c. fo as to make it pafs in the market for the London edition printed by the purfuers. To this it was anfwered by the defenders. That by repeated decifions of the Court of Seffion, in the cafe of Midwinter, &c. "no action lies on the ftatute, except for fuch books as have been entered in Stationers Hall in terms of the ftatute, and that no action of damages lies upon, or in confequence of the ftatute:"That with refpect to the title-pages, the defenders had reprinted thefe, as well as the book itfelf, just as they found them; that it was immaterial whofe names, or if any names were on the title-page; that it never could injure' the purfures, or any bookfeller, to have their names put on the titlepage of any good book; on the contrary, it might be of fervice, by directing purchafers to their fhop; that it was the univerfal practice both of this and almoft every other country, in reprinting books, to retain on the title-pages the names of the original publishers; that this practice was countenanced and followed by the London bookfellers them felves, who purchased Scots editions with London title-pages, and would not have them otherwise.-The Court was of opinion, that from the omiffion of entry in Stationers Hall, the purfuers had loft their exclufive right of printing the book;

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but they found that the defenders did wrong in affuming the names of the purfuers in their title-page; they therefore impofed an interdict against the sale of the book with fuch title-page, and found the defenders liable in damages and expences to the purfuers, which were reftricted to 201. Sterling.

In the other profecution, for the printing of Blackftone's Commentaries, the cafe was attended with some peculiar circumftances.-The work had been printed in four feparate books or volumes, published at different intervals of time. The author had furvived the statutoryterm of fourteen years from the publication of the firft volume, and being thus entitled to a renewal of the right for a fecond term of fourteen years, he had affigned that renewed right to the purfuers, and obliged himself to make fimilar affignments of the other volumes, whenever their refpective terms were elapfed; but he died before the expiration of any of the other terms. The purfuers had therefore a right by affignment from the author, not only to the first volume, but they claimed an exclufive right of property in the other three volumes, on the ground of having received from the author various additions, alterations, and corrections, which they had printed in a new edition of the work, and likewife on certain notes added by Dr Burn, for which they had paid an adequate price; and that their edition, fo improved and enlarged, was regularly entered by them in Stationers Hall, which fecured to them the full property of the first volume, and the property at least of all the additions, alterations, and notes contained in the other three volumes. It was, on the other hand, maintained by the defenders, with refpect to the firft volume, That though the last clause of the statute (which was an addition made in the Houfe of Peers,) gave a fecond term of fourteen years to an author, in cafe he furvived the first term; yet it gave him no power to affign fuch right, which was merely perfonal to himself. Indeed, it would be ftrange, that the ftatute fhould take the right from the afignees, in whom it was vefted, in order to give it to the author, merely that the author might give it back again to thefe very affignees, whom it had, in a former claufe, exprefsly fecluded. This right or liberty of fole printing and publifhing a book, is not a real property, and is in its nature incommunicable, unlefs made otherwife by fpecial authority, As to the alterations and corrections

2

of

of the author, they are very inconfiderable; for the moft part merely typographical errors, or the change of one fynonymous word for another. It is believed there hardly ever was a book of the fame fize and variety of matter, which has not undergone more alterations in a new edition. The book confifts of no lefs than two thoufand pages; yet there is not half a fheet of new matter all together, the whole being comprised in lefs than four 4to pages of print.-There are even many fheets on which there is not a fingle alteration. If the author or printer of a book has fallen into any errors, it is his duty to correct them; and inftead of making a property of his errors, he ought rather to apologize for them. As to Burn's notes, there are only nine in whole, and being mere quotations from acts of parliament, any perfon may quote them as well as he.The Lords found, that the purfuers had not only a property in the firft volume, but also in the emendations by the author; "and remitted to the Lord Ordinary, to hear parties, how far, and to what extent, the penalties of the act of Queen Anne may or can be applied to the printing of the other three volumes."

Glasgow, Sept. 3. The mifunderftandng that has fubfifted for fome time paft betwixt the manufacturers of muflins and their workmen, terminated, this day, in a very melancholy manner. About mid-day, information was given to the magiftrates, that numbers of men were affembled in the Calton, and taking webs out of the looms of those who had engaged to work, carrying them in proceffion to excite a moh. The Lord Provoft, magiftrates, fheriff, and peace-officers, went to fupprefs them, but were unable to accomplish the defired end, without the aid of the military, as they were moft feverely pelted with bricks and ftones, and feveral of them much hnrr. They were afterwards joined by a detachment of the 39th regiment, under the command of Lt-Col. Kellet, and proceeded to the east end of the Gallowgate. This ftep was taken to intimidate the rioters, and was thought to have accomplished the end, as the magiftrates and military returned to the cross before four. But information was again brought of the mob's having feized a number of webs, and were going in proceffion along the road that leads to the High Church, at the east end of the Gallowgate, with an intention to defroy them. The magifirates, a number of the inhabitants, and

military, then proceeded to difperfe the rioters. When they arrived at the divi fion of the roads near the Park house, their paffage was obftructed, betwixt which and the Drygate-bridge, a moft melancholy conflict enfued. Stones and bricks were thrown at the magiftrates and military, and feveral much hurt. Orders were then given to the foldiers to fire, when three perfons were killed, three mortally wounded, and several flightly. The crowd then dispersed, and the magiftrates and military returned to the crofs. Upon another alarm, they again proceeded to the fuburbs, but no difturbance taking place, they came back to the cross, where the military conti nued under arms till midnight. A num ber of refpectable burgeffes were fummoned to attend the magiftrates during the night, and every method taken to fe cure the peace of the city, which was effected.

Early on Tuesday morning, a detachment of the 39th regiment arrived from Beith. The rioters, continuing to affemble in the Calton that day, proceeded to burn a number of cottonwebs on the public ftreets. The sheriff and fome juftices of the peace, with Col Kellet and the 39th regiment, marched to the Calton about two o'clock, but found the mob was difperfed; upon which they returned to town.

Laft night, the magiftrates appointed a guard of refpectable inhabitants; a party of 50 foldiers was also ftationed at the Exchange.

Sept. 6. All here is now quiet, and good order reftored. Six perfons who were. active in the late disturbances, and a petty writer who acted as their fecretary, are committed to goal. Eight perfons, who were killed and died of their wounds, were buried to-day, and not the smallest disturbance; every thing refpecting the interment was carried on with the greatest decency.

On Wednesday night the 5th, the grand hanging ftair, belonging to the Tontine Coffeehouse and Tavern there, entirely fell down. What is worthy of remark, no perfon whatever received the smallest hurt by this fudden and unexpected accident. This will still appear the more extraordinary, when it is confidered, that this flair was occupied by the military, during the riots, as a place for taking any little refreshment in the night, and was meant, at the very time it fell, to be used for the fame purpose by the inhabitants, who ftill continue to pat

role

Graduations by the University of Edinburgh.

role the streets. Providentially, however, the gentleman who commanded that corps, juft as he put his foot on the firft ftep of the ftair, propofed, before proceeding farther, that the roll fhould be called over, for fear of any of the company being abfent, and falling into the hands of the riotoufly difpofed. This was accordingly agreed to, and before he had got thirty or forty names called over, the whole ftair gave way, fome of the ftones of which came fo close upon the gentleman as to touch the cock of his hat.

Sept. 15. Henry M'Indoe, and John Stewart, weavers, who had been imprifoned in the tolbooth of Glasgow, by warrant of the Sheriff of Lanark, upon a charge of being guilty of or acceffory to the late riots in the city of Glafgow, and of an illegal combination to disturb the public peace, were brought to this eity and incarcerated in the tolbooth here, by warrant of Lords Efkgrove and Stonefield. It is expected they will be brought to trial before the High Court of Jufticiary for the above crimes.

We learn, that the encouragement given by Government to the fishing trade has already animated the people concerned in that bufinefs fo much, that at Campbelton, two veffels of about one hundred tons each were launched on the 13th current within five minutes of each other, the one named the Duchefs of Argyle, the other the Lady Augufta Campbell. That the fame day two large new floops belonging to the Campbelton merchants arrived, one built at Borrowstounness, and the other at Sea-lock; and, on the 14th, two other veffels, of nearly eighty tons burthen each, were launched.

The University of Edinburgh have conferred the degree of Doctor in Medicine upon the following gentlemen, after they had paffed the ufual' private and public trials:

From AMERICA.

DISSERTATIONES
INAUGURALES.

Mr Richard Sharpe Kif-De Rheumatismo
fam,
Acuto.

Mr John Smith, De Ophthalmia.
Mr Auguftine Smith, De Morbillis.
Mr Will. Hamerfley, De Rachitide.
From IRELAND.

Mr James Reynolds, De Calculo Urina-
rio, et Lithon-
tripticis.
De Angina Ton-

Mr Thomas Wallace,

Mr Rob. Smithwick,

fillari.
De Erysipelate.

Mr James Caldwall, De Nephritide.

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From ENGLAND. DISSERTATIONES
INAUGURALES.
De Puerperorum
Febre.

Mr Peter Ashton,

Mr Rob. M'Caufland, De Hepatitide.
Mr Jo. Roger Murray, De Abortu.
De Icero.
Mr Pinkftan James,
Mr John Heath, De Afthmate Spa

modico.

Mr Hen. Luxmoore, De Scorbuto.

From SCOTLAND.

Mr John Taylor, A. M.De Hemoragiis.
MrJas. Mackintosh, A.MDe A&tione Muf-
culari.

Mr John Carmichaell De Fermentatione
Mr Alexander Straith, De Amenorrhoea.
Mr Pat. Byron Seton, De Paralyfi.
Mr Tho. Charles Hope,

Mr John M'Cartney,

Mr Francis Morifon,
Mr Andrew Ponton,

Mr Andrew Inglis,
Mr William Maxwell,

Mr James Low,
Mr H. Stanistreet,

De Plantarum

Motibus et Vita. De Apoplexia Ple thorica.

De Dyspepfia.
De Colica Spaf-
modica.
De Rheumatifino.
Differtatio Expe
rimentorum quo-

rundam, cum di-
verfis Aerum
Speciebus inani-
malibus inftituto-
rum, phænome-
na exhibens.
De Hemorrhoide.
De Gonorrhea Vi-
rulenta.

OCTOBER. '

TURKEY.

Conftantinople, Sept. 1. The formal declaration of war against Ruffia was read at the Porte on the 22d ult. with full and abfolute power to the Grand Vizir for conducting the operations.

In purfuit of this object he affembled an army of 100,000 men to the environs of Oczakow, and another of equal number near Siliftria; the firft is intended to retake the Crimea, and the other to cover Wallachia and Moldavia. The Porte, in an express manner, required the Imperial Internuncio to declare within a certain time if his Sovereign designs to fupport the Ruffian intereft or not. They demanded this in fo peremptorya manner, as gives room to fuppofe they have fome idea of attacking the two empires at

once.

The answer to this demand, it is faid,

was

was couched in the following terms: that his Imperial Majefty had reafon to expect that the Ottoman Porte would have made the demand with more decency; that the Divan cannot be ignorant that his Majefty, as friend and ally to Ruffia, is bound by treaty, to furnifh the Emprefs with 80,000 men, in cafe of a war; that, if the Porte fhould look upon this as an act of hoftility, his Majefty was prepared to abide the confequences; on the contrary, if they choofe, notwithftanding, to maintain the good underftanding that fubfifted between the two empires, his Imperial Majefty will, with pleasure, undertake the office of mediator to prevent the effufion of blood, which he very much difapproves. The courier, who carried this declaration, fet out on the 4th inftant, fo that its effect will foon be known. In the mean time the warlike preparations are redoubled. The Emperor is forming four armies; one at Cariftadt in Croatia, under the command of General Vins; one at Peter warradine in Hungary, commanded by General Langlois; a third at Rothan in Lithuania, of which General Fabris is to have the command; and the fourth in the Buccowine, commanded by the Prince of Saxe Coburgh. Befides the above Generals, the Emperor has named two more Generals, ten Lieutenant Generals, and 30 Major Generals, who will ferve in thofe troops. General Alvinzi is, in particular, deftined to go and remain in the Ruffian army, and a Ruffian General to come and remain in the Emperor's army, that the forces of both nations may act

in concert.

Conftantinople, Aug. 25. The following is a tranflation of the Manifefto publifhed by the Sublime Porte against Ruffia, remitted to Count Choifeul-Gouffier, the King of France's Ambaffador, the 24th inftant.

The peace concluded between the Sublime Porte and the Court of Ruffia in 1187 (1774,) was chiefly made for the repofe and tranquillity of their refpective fubjects; yet the Court of Ruffia has not ceafed to raife and maintain pretenfions capable of disturbing the good harmony which that peace ought to procure: It has even proceeded fo far as to feize on the Crimea, a proceeding directly oppofite to the conditions agreed on to ferve as a foundation of the Treaty of Cainardgik. It was ftipulated in the inftrument then given on both fides, that there fhould be no further difcuffion between the two Empires, and that they fhould enjoy a

perfect peace. It was fpecified in the capitulations, that they fhould avoid for the future all intrigue whatever, and all plots fecret or public; yet the Court of Ruffia has raifed up Prince Heraclius, who was furnished with a diploma of inveftiture as vaffal of the Sublime Porte. Ruffian troops have been placed in Teflis: they have declared themfelves Supreme over the faid Prince, and from that moment the diforder in Georgia and our adjoining frontiers has been general. When we alledged that this proceeding was a formal infraction of the Treaties, it was maintained to the contrary. It was exprefsly agreed on, that the Oczakowians fould have the free and unlimited extraction of the falt-pans, which always belonged to the inhabitants of that frontier; yet they have always met with a number of impediments, and experienced every fort of ill-treatment from the Ruffians; and when they reclaimed the execution of the Conventions, the Court of Ruffia has conftantly refufed it. The Conful of that Court has feduced the Waywode of Moldavia, who has the rank of a Prince; he favoured his flight, and when the Sublime Porte reclaimed him, the Ruffian Envoy replied, his Court would not deliver him up; a refu fal directly oppofite to the Treaties. The Ruffian Court has fhewn its bad defigns, by giving what turn it pleased to many fimilar things. It has corrupted the fubjects of the Sublime Porte, by establishing Confuls in Wallachia, Moldavia, in ifles and places where the prefence of those officers were ufelefs, and even prejudicial to the true believers. It has invited to its eftates the fubjects of the Sublime Porte, and employed them in its marine or other fervices. It has efpecially entered into the interior difpofition of our adminiftration, by foliciting either the recal or punishment of Governors, Judges, Vaffals, and of all the Officers not in their interefts, and even of the Pacha of Georgia and the Princes of Wallachia and Moldavia. Every one knows how generoufly the Porte behaved to the Ruf fian Merchants; they carried on their trade in the Ottomon States with fafety and liberty, and might go where they chofe, for which reafon we expected the fame indulgencies for the fubjects of the Sublime Porte. Such were our conventions when the Ruffian Court wanted to monopolize all the commerce, and exacted a duty far greater from the fubjects of the Sublime Porte than from other powers. When the fubjects of the

Sublime

Turkish Manifefto.-Auftrian Netherlands.

Sublime Porte wanted to recover their debts in the Ruffian States, they met a thoufand obftacles: not being able to go where they wanted, they were obliged to return without their due; many even have difappeared without our knowing what became of them. When the merchant veffels of the Sublime Porte wanted, either through ftrefs of weather or want of water, or any other urgent neceffity, to go on board a Ruffian fhip, the Ruffians kept them off with their guns. They have likewife fometimes fired on our veffels from Soghoudgiak. The court of Ruffia wanted to introduce the article relating to Prince Heralicus amongst other articles of a great deal lefs importance, and gave notice in a minifterial manner, by its Envoy, to the Sublime Porte to furnifh a common inftrument for all these objects; if not, it had ordered General Potemkin to march to our frontiers with 60 or 70,000 men, to exact the execution of all the articles, and that the Emprefs was to come there herfelf. This notice was an open and formed declaration of war. The order given to general Potemkin to repair to our frontiers, at the head of fo many troops, is analogous to the proceedings of the court of Ruffia with regard to the ufurpation of the Crimea. If the Ruffians remain mafter of it, the Porte cannot hope to remain in fecurity for the future, and they will always have fome bad defigns to fear. Thefe confiderations engaged the Porte to fhew to the Ruffian Envoy the defire they had for the Crimea to be established on its ancient footing, and to make a new treaty to cement friendship between the empires. The Envoy anfwered, he could not make thefe propofitions to his Court, and that if he was to do it, he forefaw no good could refult from it. He rejected or eluded the articles which contained our complaints, and formally answered, that his Court would not renounce the Crimea. That for all thefe reafons and others, either fecret or public, which it is impoffible to enumerate, the Sublime Porte is obliged to declare war; in confequence of which he has publifhed this manifefto to the refpectable Court of France, to inform it of the refolutions fhe has taken to go to war with Ruffia. The Sublime Porte fubmits the motives herein contained to the equity of her friends.

"The 11th of Zilcade, the year 1201, (the 24th of August, 1787.")

When the great queftion for war was agitated in the Divan, many members advised the measure being poftponed till

447

the next fpring; but this advice was rejected. Immediately after the council was over, meffengers were difpatched to all the Pachas as well in Europe as in Afia, with orders to difarm all the Greeks, and to exhort the Muffulmen to repair to the ftandard of Mahomet to combat the Infidels. All the Greeks of Conftantinople have been difarmed; they even dare not fhew their couteaux. Two Ruffian veffels, laden with merchandise, were flopped and plundered in the river.

All the Ruffian veffels which had been detained upon the first appearance of an approaching war, have been conducted to the arfenal, and their crews imprisoned, though with formalities hitherto unknown in Turkey.

AUSTRIAN NETHERLANDS.

Bruffels, Sept. 25. Lord Torrington, Minifter Plenipotentiary of his Britannic Majefty at Bruffels, having received from his Court dispatches, to be communicated to the Government of the Auftrian Pays Bas, and being in hafte to obey thefe orders, has addreffed the following letter to his Excellency Count de Murray, Lieutenant-Governor and CaptainGeneral per interim.

"The actual fituation of affairs in the United Provinces, where the troubles have long fince fixed the general attention of Europe, having ftill become more critical by the recent and relative state of politics in thefe provinces, and France having notified the refolution of adding with her forces that party in Holland who refuse to give satisfaction to the juft complaints and demands which his Pruffian Majefty has made for the infult done to the Princefs of Orange; my Court has ordered me to have the honour of informing the Government General of the Auftrian Pays Bas, that his Britannic Majefty cannot confider the alliance between France and the whole Republic as a juft and fufficient reason to engage her to fupport a party in an affair exprefsly difavowed by the majority of the StatesGeneral. His faid Britannic Majefty has declared and often repeated, that it was impoffible for him to fuffer with indifference the armed interpofition of France in this affair; becaufe in tolerating this armed interpofition, there could not but refult confequences very dangerous, as well for the conftitutions and independence of thefe provinces, as hurtful in many refpects to the intereft of the States of his Britannic Majefty.

"In confequence of which, his Britan nis Majefty is neceffitated to make the

speedieft

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