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Now what is an architect to do? "He who lives to please, must please to live." He must therefore sacrifice taste to the whim of his employer.

It may be said that this will always be more or less the case. True :-but evils may be diminished, if they cannot be annihilated. Let attempts be made to propagate true taste; let a style of architecture, as particularly adapted to rural scenes, be inculcated, and the doctrine will spread and at last become fashionable; let professional men take up the subject, and publish exemplifications and elucidations of their thoughts, and our men of money must learn and adopt them.

All lovers of picturesque effect must approve of such publications as that now before us. They may not admire every idea and design, but the general result will be an improvement of our taste, and the decoration of the country with more appropriate buildings.

Mr. Malton has confined himself to cottage architecture: but we wish that the principle of fitness and congruity, in respect to the surrounding scenery, may be followed in the construction of all country houses, as well great as small. We do not, however, object to Mr. M. that he has not extended his thoughts; it is sufficient if he has executed what he has undertaken, viz. to give an Essay, accompanied with Designs, on British Cottage Architecture. He has said nothing of the Swiss Cottage, or Chaumiere; from which, we think, ideas may be adopted with effect, in this country. The cottage architecture of this island he supposes to have been originally the effect of chance: but we do not altogether accede to this opinion. The sharp roofs and projecting eaves, in our old farm-houses and cottages, are rather proofs of the good-sense of our ancestors, than effects of chance; as shewing that they considered the nature of our climate, to which the flat roofs, &c. of Grecian buildings are very ill adapted.

In his introduction, Mr. M. merely expresses a desire to perpetuate the peculiar beauty of the British picturesque rustic habitations; regarding them, with the country church, as the most pleasing, the most suitable ornaments of art that can be introduced to embellish rural nature:'- but his work tends to improve as well as to perpetuate.

It may be difficult, perhaps, precisely and accurately to define the term-COTTAGE; Mr. M. makes the attempt: but neither as a description nor as a definition is his remark complete.

• When mention is made of the kind of dwelling called a Cottage, (he says,) I figure to my imagination a small house in the country;

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of odd irregular form, with various harmonious colouring, the effect of weather, time, and accident [according to this there can be no such thing as a new cottage]; the whole environed with smiling verdure, having a contented, chearful, inviting aspect, and door on the latch, ready to receive the gossip neighbour or weary exhausted traveller. There are many indescribable somethings that must necessarily combine to give to a dwelling this distinguishing character. A porch at entrance; irregular breaks in the direction of the walls; one part higher than another; various roofing of different materials, thatch particularly, boldly projecting; fronts partly built of walls of brick, partly weather-boarded, and partly brick-noggin dashed; casement window lights are all conducive, and constitute its features.'

A porch, dripping-eaves, casement window-lights, irregular breaks, and apparent lightness of structure, are essential properties of a cottage: but we do not see that it ought necessarily to be deformed with the patched appearance of brick-wall, brick-noggin, and weather boards. Poverty may have obliged the peasant thus to deface his cot: but it should not hence be assumed as a principle that the cottage, under the direction of the professional designer, must be thus constructed. It is a style of building that admits of much elegance, and it should at least be the object of the rural improver to avoid deformity. Cottage architecture excludes red-brick fronts, sash windows, and parapets: but fronts all rough-cast, or boarded, it may admit; and as the heavy assessments on windows may drive some gentlemen into small houses, we wish to invite to the improvement of the cottage, both as to external appearance and internal accommodation, without departing from its essential characteristics.

Some of Mr. Malton's designs have this laudable intention; yet, while we admire them on the whole, he will allow us to remark, that the Grecian portico * and sash-window door are improper affixes to the outside of a cottage; and that an underground kitchen is out of all character within.

Where every purpose of domestic convenience must be obtained (as is the case in cities and populous towns) on a narrow scite, story must be piled on story; and kitchens and sculleries, &c. must be placed under ground, though the whole house is thus made to smell of cooking effluvia even to the very attics: but this is not necessary in the country, where the building may spread; and therefore it ought to be avoided.

* The Gothic porch is more suited to the cottage than any with a Grecian pediment, even though the pillars be merely oak stumps with the bark on, or made with heart of oak carved in imitation of the bark of a tree. This may suit the entrance of a root-house, but not that of an habitable mansion.

We admire the remarks of Mr. M. on the subject of cottage windows, and the specimens which he has recommended are worthy of adoption; yet we question whether he has not too hastily condemned those windows which are constructed with compound arches, and enriched with circular ramifications of Gothic tracery. May not the Gothic taste be admitted with effect into the elegant cottage, and its enrichments increase the beauty of the picturesque?

In plates 11, 12, 13, and 14, Mr. Malton has shewn how rusticity may be united with elegance; and designs of this nature, though not always with the adoption of Mr. M.'s ideas, we would recommend to gentlemen who are building in rural situations.

Respecting the peasant's cot and the farm-house, we say less as to their beauty: though we hope that the proprietors of land will not be inattentive to the rules of taste in the erection of them. If cottage architecture becomes the fashion, it will easily descend to inferior dwellings.

With the cottage, Mr. Malton combines in his view (as, by concatenation of ideas, is almost unavoidable) the Old Country Church. How often have we lamented, as he does, that this beautiful feature in rural scenes is gradually obliterating; and that piles which are characterised by flat insipidity are rising in their place! Most devoutly do we wish that the holy edifices which were erected by our pious ancestors may be kept from decay, and that we may neither be disposed to destroy them ourselves, nor allow Time to effect its depredations on them.

As Mr. M. concludes with observing that his performance is scarcely satisfactory to his own mind, we hope that he will not be displeased with the freedom of our strictures. Our object in making them is the improvement of an art of which he is evidently an ingenious follower.

ART. IX. Reports of Cases argued and determined in the Court of King's Bench, from Michaelmas Term 37 Geo. III. 1796, το Trinity Term 38 Geo. III. 1798, both inclusive. With Tables of the Names of Cases and Principal Matters. By Charles Durnford and Edward Hyde East, of the Temple, Esqrs. Barristers at Law. Vol. VII. Folio. pp. 800. 21.8s. bound. Butterworth. 1798.

THIS progressive work commenced in the year 1785, and has been continued, at the end of each term, down to the present time. Of the first two volumes we gave a short account in our Soth vol. p. 246: but of the subsequent parts we have contented ourselves with merely announcing to our readers the appearance. - The importance, however, of the undertaking, and the vast variety of matter which it contains, now call on us for a more minute examination into its merits.

As no species of publication requires more scrupulous accuracy than reports of judicial proceedings, since on the fidelity of reporters the evidence of a considerable part of the law of England in a great measure depends,-so, when that accuracy is observed, from none does greater utility result to the public. Different methods of reporting have been adopted by different authors: but we think that the plan followed by the present writers, of detailing at some length the arguments of counsel and the reasoning of the court, is preferable to that of giving a very abridged state of the case, and the mere point decided,. without stating the principles on which the decisions proceeded. Still, however, in the present instance, we cannot refrain from expressing our opinion that the arguments of counsel are given with too much diffuseness, and that they might be condensed with great advantage to the reader; whose time, attention, and purse, would all be consulted by such a measure. Some excuse may indeed be offered by Mr. Durnford and Mr. East, for what appears to us in the light of a fault; viz. that the publication of their work at the end of each term necessarily deprives them of that leisure, which would probably be employed in revising and improving their reports. Swift apologised to a correspondent for having written a long letter, by saying that "he had not time to write a short one;" and it is much easier and more expeditious to transcribe the arguments of counsel from a note book, than, after having considered and digested them, to state those parts which more particularly apply to the subject. Too much praise cannot be bestowed on the present reporters, for the strict observance of the most essential requisites in their undertaking: since we believe that their fidelity and accuracy cannot in any instance be called in question, but that the public may rely with full confidence on their authority.

We shall present our readers with the report of one case, to enable them to judge of the manner in which the whole is executed; and we select a cause in which the decision is intimately connected with the interests of general literature. It is determined by the case of Berkford v. Hood, East. 38 Geo. III. that an author, whose work is pirated before the expiration of twenty-eight years from its first publication, may maintain an action for damages against the offending party, although the work was not entered at Stationers' Hall, and although it was first published without the name of the author affixed. Such an entry is only necessary to support the action for penalties.

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• This was an action upon the case; and the first count of the declaration stated that the plaintiff was the author of a certain book entitled "Thoughts upon Hunting;" and being such author within the space of twenty-eight years last, viz. on &c. at &c. first published the said book; that all the copies of the book so by him published having been sold, the plaintiff before and at the time of the grievance after mentioned intended to publish a new edition and had laid out 100%. in preparing the same, yet the defendant afterwards and within the space of twenty-eight years from the day of the first publishing of the said book, viz. on &c. at &c. wrongfully and without the plaintiff's leave and against his will published and exposed to sale and sold divers, to wit, four hundred copies of the said book; by means whereof the right title and interest of the plaintiff in the said book is much lessened in value. The second count stated that the plaintiff had the sole and exclusive liberty and right of printing a certain other book called "Thoughts upon Hunting," whereof the plaintiff was and is the author, and which had been within twentyeight years last to wit, on &c. first published by him as such author, yet the defendant knowing the premises and contriving to injure the plaintiff afterwards viz. on &c. at &c. wrongfully and unjustly and without the plaintiff's leave and against his will printed published and exposed to sale and sold divers, to wit, four hundred copies of such last mentioned book, whereof the plaintiff had the sole and exclusive liberty and right of printing as aforesaid; by means whereof the right title and interest of the plaintiff of in and to such sole and exclusive liberty and right of printing is much hurt and lessened in value.

• The defendant pleaded the general issue; and on the trial at the sittings for Westminster after last Hiliary term before Lord Kenyon, the jury found a verdict for the plaintiff, subject to the opinion of this Court on the following case.

• The plaintiff is the author of the book stated in the declaration, entitled "Thoughts upon Hunting;" and in May 1781 he published the first edition of it, without any name prefixed to the title-page. In 1782 he published a second edition, and in 1784 a third edition with his name prefixed to the title-page. Neither the original or subsequent editions were ever entered in the hall of the company of Stationers. In August 1796 the defendant published the same work under the title of "Thoughts upon Hare and Fox-hunting," with the plaintiff's name prefixed to the title-page. The plaintiff is still living, and never disposed of his right or interest in the said work. The question for the opinion of the Court is, Whether the plaintiff is entitled to recover in this action?"

• Lord KENYON Ch. J. All arguments in support of the rights of learned men in their work must ever be hard with great favour by men of liberal minds to whom they are ad essed. It was probably on that account that when the great quest on of literary property was discussed some judges of enlightened understanding went the length of maintaining that the right of publication rested exclusively in the authors and those who claimed under them for all time: but the other opinion finally prevailed, which established that the right was conined to the times limited by the act of parliament. And that I have

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