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Baller v. Watson: Entry from the Court's Book of Orders, London (1737)
Source: The National Archives: c.33 369/315
Citation:
Baller v. Watson: Entry from the Court's Book of Orders, London (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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No Translation available.
amount to more than 20li And that he the Defendant about the 15th of April 1729 Caused
Such advertizement to be published as in the Original Bill mencioned That 1000 Copyes
of the first of the said two Editions and 500 of the last Edition (except thirty) be
Sold for one Shilling a peice to booksellers and one Shilling and Sixpence to others and that the profitt
was fourpence for every book sold ^to book sellers & tenpence for every book sold^ to others and the
Counsel for the Defendant Read alleadged That the said Defendant by his answer to the Original Bill
sayd that about the 8th of April 1729 he did buy a book entitled Polly an Opera being the second part of
the beggars Opera written by the said Gay mencioned to be Printed by T Thomson for one Shilling and
Six pence which book ^he^ the Defendant believed to be the Edition in the said Bill mencioned from
which book he the Defendant printed 500 Copyes with out the Consent of the said Gay or
Wright 350 of which books he the Defendant Exposed to sale and the said 500 Copyes if sold would
have been worth 18li Some he sold for 1s others for Ninepence Eight pence and as to the remaining
150 he had made wast paper of them That deducting the Expenses he was put to he believed he
was a looser by what he sold That he the Defendant knew not of any Edition of the said book wherof the
Title Page Imported to have been printed by T Read or Jeffry Walker or that the Defendants Watson
and Walker did print any of the additions to the three Editions of the said Book mencioned to be
printed by T Thompson T Read and Jeffry Walker and that he the Defendant never had any right to
print the said Book and the Counsel for the Defendant Francis Jeffryes alleged that the said Defendant by
his answer to the Original Bill sayd that he admitted the said Gays right to the said Book and that he
bought of the Defendant Watson 60 Copyes printed by T Thompson at 1s a book and sold them at one
penny half penny a Book profitt which books were not printed for the benefitt of the author and the Counsel
for the Defendant Thos Astley alleged that the said Defendant by his answer to the Original Bill sayd that
he was jointly Concerned with the Defendant Watson in printing 3000 Copyes of the said Book and that
he sold 1263 Copyes at 5li a hundred to booksellers and about 12 to others at one Shlling and Six pence a
Copy and that the remaining 213 were in his hands and his profitt did not amount to more that 15li and
admitted that he never had any right to print the said Book and the Counsel for the Defendant Robert Walker
alleadged that the said Defendant by his answer sayd that he sold some of the said Books with the name
Jeffrey Walker sett thereto that his brother the said Jeffry Walker having undertaken the printing &
publishing a book of the same name in the stile mencioned he the Defendant was Securety for his
paying the printer and that two or three Editions of the said Book were printed off and that he the Defendant
had no right to the said Book Whereupon and upon long Debate of the Matter and hearing
of the answer of the Defendant Jeffryes the answer of the Defendant Walker and an advertisement in the daily
Journal dated the 18th of April 1729 and the proofs taken in the cause read and what could be alledged
by the Counsel on both sides His Lordship doth think fit and so Order and Decree That the Injunction formerly
granted in this Cause to stay the Defendants from printing publishing and Vending the said Book be
Perpetual and it is further Ordered and Decreed That it be referred to Mr Eldone [?] &c to take an
Account against the severall Defendants (Except the Defendant Walker against whom the Plaintiff now
Waives any Account) of the profitts of the books mencioned in the Bill printed published or sold by the
said Defendants or any of them without the Consent of the Plaintiff Intestate or of some person claiming
under him for Discovery whereof the said Defendants accounting are upon Oath to produce before the said
Master all books Papers and writings which they have in their Custody or power relating thereto and are
to be Examined on Interryes as the said Master shall direct in the taking of which account the said Master
is to make unto the said Defendants all just allowances and what upon the same account shall be found due
from the severall Defendants after all just allowances deducted It is ordered and Decreed That the said
Defendant James Watsons Thos Read Francis Jeffryes ad Thos Astley do respectively pay the same for the
Plaintiff as the said master shall Direct and it is further Ordered That the said Master do tax the Plaintiff the
Costs of the Suite hitherto which is to be paid to her by the said Defendants Except the Defendant Walker
and his Lordship doth Reserve the Costs of the account untill after the said Master shall have made his Report
Source: The National Archives: c.33 369/315
Citation:
Baller v. Watson: Entry from the Court's Book of Orders, London (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
No Translation available.
amount to more than 20li And that he the Defendant about the 15th of April 1729 Caused
Such advertizement to be published as in the Original Bill mencioned That 1000 Copyes
of the first of the said two Editions and 500 of the last Edition (except thirty) be
Sold for one Shilling a peice to booksellers and one Shilling and Sixpence to others and that the profitt
was fourpence for every book sold ^to book sellers & tenpence for every book sold^ to others and the
Counsel for the Defendant Read alleadged That the said Defendant by his answer to the Original Bill
sayd that about the 8th of April 1729 he did buy a book entitled Polly an Opera being the second part of
the beggars Opera written by the said Gay mencioned to be Printed by T Thomson for one Shilling and
Six pence which book ^he^ the Defendant believed to be the Edition in the said Bill mencioned from
which book he the Defendant printed 500 Copyes with out the Consent of the said Gay or
Wright 350 of which books he the Defendant Exposed to sale and the said 500 Copyes if sold would
have been worth 18li Some he sold for 1s others for Ninepence Eight pence and as to the remaining
150 he had made wast paper of them That deducting the Expenses he was put to he believed he
was a looser by what he sold That he the Defendant knew not of any Edition of the said book wherof the
Title Page Imported to have been printed by T Read or Jeffry Walker or that the Defendants Watson
and Walker did print any of the additions to the three Editions of the said Book mencioned to be
printed by T Thompson T Read and Jeffry Walker and that he the Defendant never had any right to
print the said Book and the Counsel for the Defendant Francis Jeffryes alleged that the said Defendant by
his answer to the Original Bill sayd that he admitted the said Gays right to the said Book and that he
bought of the Defendant Watson 60 Copyes printed by T Thompson at 1s a book and sold them at one
penny half penny a Book profitt which books were not printed for the benefitt of the author and the Counsel
for the Defendant Thos Astley alleged that the said Defendant by his answer to the Original Bill sayd that
he was jointly Concerned with the Defendant Watson in printing 3000 Copyes of the said Book and that
he sold 1263 Copyes at 5li a hundred to booksellers and about 12 to others at one Shlling and Six pence a
Copy and that the remaining 213 were in his hands and his profitt did not amount to more that 15li and
admitted that he never had any right to print the said Book and the Counsel for the Defendant Robert Walker
alleadged that the said Defendant by his answer sayd that he sold some of the said Books with the name
Jeffrey Walker sett thereto that his brother the said Jeffry Walker having undertaken the printing &
publishing a book of the same name in the stile mencioned he the Defendant was Securety for his
paying the printer and that two or three Editions of the said Book were printed off and that he the Defendant
had no right to the said Book Whereupon and upon long Debate of the Matter and hearing
of the answer of the Defendant Jeffryes the answer of the Defendant Walker and an advertisement in the daily
Journal dated the 18th of April 1729 and the proofs taken in the cause read and what could be alledged
by the Counsel on both sides His Lordship doth think fit and so Order and Decree That the Injunction formerly
granted in this Cause to stay the Defendants from printing publishing and Vending the said Book be
Perpetual and it is further Ordered and Decreed That it be referred to Mr Eldone [?] &c to take an
Account against the severall Defendants (Except the Defendant Walker against whom the Plaintiff now
Waives any Account) of the profitts of the books mencioned in the Bill printed published or sold by the
said Defendants or any of them without the Consent of the Plaintiff Intestate or of some person claiming
under him for Discovery whereof the said Defendants accounting are upon Oath to produce before the said
Master all books Papers and writings which they have in their Custody or power relating thereto and are
to be Examined on Interryes as the said Master shall direct in the taking of which account the said Master
is to make unto the said Defendants all just allowances and what upon the same account shall be found due
from the severall Defendants after all just allowances deducted It is ordered and Decreed That the said
Defendant James Watsons Thos Read Francis Jeffryes ad Thos Astley do respectively pay the same for the
Plaintiff as the said master shall Direct and it is further Ordered That the said Master do tax the Plaintiff the
Costs of the Suite hitherto which is to be paid to her by the said Defendants Except the Defendant Walker
and his Lordship doth Reserve the Costs of the account untill after the said Master shall have made his Report