Court Of Chancery, Tuesda...
.LAW REPORT. -,IInis was a case or literary piracy, which had occupied mush pUD. Iic attention in the Court of the Vise-ChanceDor. Tlhpl,aiatiiWhad published a work, entitled The Architecttyral Dictionasry, in whichl. the first of the dcfelfdants, Nicholson, beiig a gentleman or verv con- siderable attainments in that branch -of knowledge, had been princi. pallvs engaged. Afterwards he joined the other defendant Kdly,who published 6nother boolc, entitled The Practical Builder, which wns also edited, as the title-page avowed, by the defendant Nicholson. The last-named hook contained copious extracts from the former; and upon, tlte evidence of these, together with the title-page, the Vice-Chancellor was willing to grant an injunction in favour of the plaintif'fl property. An appeal had been made, especiallv with i view to release Mlr. Kelly, the publislher, from the effect of the iniunction. The LORD CHANCELLOR, after very full and able argument, declared his opiniun that this was piracy within the meaning of the Copy-right Act. It was a case of some difficulty, and there would have been still more difficulty i it had not been for the ndop. tion of the name of Nicholson to the title df the second book containing such manifest spoliation from the first, edited by the same author. It was quite clear to him that no action at law would lie, because there was not that sufficient and separate identity of property which the rules of common law evidence would require. Even now the publisher of the Practical BWilder would have nothing to do but to strike out the name of Nicholson, or blot it over with ink, and he could continue to publish with impunity. He could not allow that there was any ground forthe distinction attenipted, so as to make the injunction applicable to Mlr. Nicholson for wziting, and not to 5Ur. Kelly for publishing. So far he would affirm the order of the Vice-Chanceller. It was a proper case for relief, and the defendants mnust be. enjoined. Some care must be taken in drawing up the decree, which should be done immediate'ly. COURT OF CHAqNCERY. Tlrvi.A;. .'JitTAik. i d Third Seal after Term. ; -_ BARrIELID V. 2ICHOLSON. AND XETMLr. :