300 



ANNUAL REGISTER, 1813. 



had such a right, his lordship pro- 

 ceeded to give judgment onits im- 

 port, sustaining Mr. Innes's de- 

 fences, " in respect that this pri- 

 vilege implies, from the very na- 

 ture of it, a right to communicate 

 the same to friends, gamekeepers, 

 and assistants, when conferred 

 without an express restriction in 

 that respect." 



The cause having been carried 

 to the inner-house, a remit was 

 made to the lord Ordinary to con- 

 sider whether the right of franchise 

 in question is communicable as the 

 ordinary franchise of hunting and 

 fowling; when his lordship found 

 " that the said privilege may law- 

 fully be exercised by the defender 

 personally, or by his gamekeeper, 

 duly authorised for that purpose, 

 or by any qualified friends whom 

 he may permit, whether his te- 

 nants on Ballogie or not, or 

 whether the defender be personally 

 present or not ; but always in such 

 way and manner as not to be abu- 

 sively exercised or encroached un- 

 reasonably on, or absorb the ge- 

 neral right of fowling as well as 

 hunting, belonging to the pursuer 

 over the said forest.'* 



This judgment was afterwards 

 adhered to by the court. 



Couri of Kings-Bench, Thurs- 

 day, June 10. — StrnehLing v. Sir 

 G. P. Turner. — The Attorney- 

 general stated, that this was an 

 action brought to recover the sum 

 of 1,500Z. being .he amount for 

 which plaintiff sold to defendant a 

 painting, executed by plaintiff, 

 representing Daniel in the Lions' 

 Den. The picture had been pub- 

 licly exhibited, and the price asked 

 .for it at the exhibition was, 2,000 



guineas ; but in consequence of the 

 importunity of defendant, and his 

 promising to be a large purchaser 

 of plaintiff's pictures, he agreed to 

 sell it for 1,500/. The defendant, 

 anxious to tell the world that he 

 was the possessor of such an in- 

 valuable treasure (and, indeed, the 

 greatest pleasure that many per- 

 sons had in possessing such valu- 

 able pictures, was, that the world 

 should know it), prepared, and had 

 inserted in the public prints, a 

 paragraph, stating, that sir G. P. 

 Turner was the purchaser of Mr. 

 Stioehling's valuable pictureof Da- 

 niel in the Lions' Den, for the sura 

 of 2,000 guineas. After plaintiff 

 had made several fruitless applica- 

 tions for payment, defendant pro- 

 mised that if plaintiff would make 

 a further deduction of 151. he 

 would pay him immediately: to 

 this plaintiff agreed, but the pay- 

 ment was not made. Defendant, 

 on plaintiff's pressing him for pay- 

 ment threatened to put the pic- 

 ture up to auction, when it would 

 sell but for a very small price, 

 which would not increase plain- 

 tiff's reputation as an artist. 



Mr. Westcote was then called, 

 who swore that defendant called on 

 him on the 13th of December, 181 2; 

 that lie showed him the paragraph 

 in the newspaper, which he al- 

 lowed to be perfectly correct. He 

 allowed that he had made the bar- 

 gain, but said it was at that time 

 inconvenient to pay plaintiff, un-fj 

 less he would allow defendant what] 

 it would cost him (witness sup- 

 posed) to raise the money. Wit- 

 ness agreed on the part of the plain-1 

 tiff to allow seventy-five pounds, 

 on condition that the money should 

 be paid the same day. He then 



