Star. — London, England, 1805-08-15 00:00:00

I , .V.IUTICAL ).NTEILIGENCE. aterrord Li!bur: MAILS THIS DA' .MR. DO[.' 'Y.—Wind N. W. ♦ll. DUI. a I Hamburgh IF I I i Goatcuburgh t t to I I a E NKANCE, AUG. 12.—Arrived the Batty, PIS.- v . A from jerfey, with cyder; and tl:e Norway fhip the Spit Lillis, L. T. Boccie, from Dram. for this prt, with timber : the latter threw part of her car g“ overboard in a gale off the Start on the 4th intl.— A fleet of large (tips paffed this Bay yefierday to the I.Veltward, fuppofed to be the Eaft India fleet, from r..!rn , uth. rAt.?.IO:ITH, Auc. 12.—Artived the Lady Hobart p.isk,t, Capt. DEAL:!, from Salcombe ; SOPHIA and Hoops of v:ar from a cruize ; Harriet, 01,:en".00d, from Li% etpc.•o!, bound to Berbice; alfo feveral %%gels laden with provifions from Ply Mouth. Wind N. W. PLystouri4, Ave. t 3.--Came in the Duke, Cap. t.:O BROWN, from Mika, for London. Sailed the LAT 3% A, of 38 guns; and the Naurtzusof 18 guns, on a entice. PORTSMOUTH, Auc. 14.--"-The DIOSSEDE, Captain Dowsm AN, was paid wages this day, preparatorf to her failing with the Ea ft India convoy and tranfiorts. The troops on board the tranfports fay they are go. ing to the Cape of Good Hope. The NEM ests fri gate, Captain SomERVILLE, was yeflerday ordeted by the Telegraph to be vieualled for five months. It is thought site will fail with the above ihips. Arrived the VRsuvlus bothb,Capt. Kiziwicx, at St. He len's, with the Pleafatit Hill and Difpatch, navy tranfports, under convoy, , bound to Plymouth. The LARK sloop, Cipt. Latsc . iottb. is ordered into the harbour to be docked. Sailed the Rost Hoop of war Capt. Cuarts ; and ZEBREI ii . omb, with a convoy for the Downs ; and the CONFOUnDBIL gun veal, on a cruin. DEAL, AUGUST 4.—There bat been a connant fling the whole of this day on the Wrench coaft, but the wind Rill blowing from the N. E. no we intel ligence in regard to the refult has yet arrived. Every movement here both naval and rnilitaii , wears the afped of warlike preparation. The cheerful:leis and alacrity of the troops, and the Ready atrattgements of the fleet in the Downs, form a Pi4ture at once of cur readitiefs; as well as willingnefi to meat out In vaders, (could their temerity mutter up refoliition to make an effort. Lailt night the Jacicazt. commanded by that meritorious and indefatigable of feer, Lietit. STEWART, Intercepted at the back of the Goodwin Sands a large Dana's Well Indiaman, named the Frue Von Scholten, Capt. Forzerralcz, bound from Sr. Thomas', to Atnflerdam, and richly laden with indigo, fugar,'.Btc. Etc. She is this mar. ring taken to Dover hargonr, and from her mani fell, papers, Etc. fuppofed will prove a valuable prize. R.r cargo ii ellimated at 30,0001. Remain the Agincourt, Utrecht, Bonetta, Confounder, fix fail of fite-thips, and JACKALL gun-brig, with a large fleet, ready, and riding at tingle anchor, to put to fea at a moment's notice, fhould any alarm occur.' ANOTHER LETTER, SAME DATEATfilred the Hass frigate from a cr Hite, and remainsin the Downs Leith the 'hips as per laa. Sailed through the Downs from the River, the William, flave (hip, to the well ward. This afternoon the Right Honourable Ad viral Lord KEITH (billed his flag from the AGIN tOURT to the EDGAR man of war in the Downs:- Wind northerly. YARMOUTH, AUGUST z4.—The ADILPH/ armed fhip, with the fleet under her convoy from the Note, bound to the Baltic, are new off this town, and are joined by the Juno, Strams. for Dantzic ; Spencer, OLTGH fON, for Memell ; Buxton, GARDNER ; Tri. VII, HOLLAND; Margaret, MORRISON ; and the Thomas, MARTIN, for Elfinore. Sailed the Cora, Oi::y, for Oporto. The Vrow Kinders, Fain., from Amllerdam for Bourdeaux, is fent in here by the Swan cutter. Wind N. %V. GREENOCK, A tic. t 2.—The Revenue cutter, Prince Emelt Auguaus, Captain DONALD Rti, detained and fent into Port Glafgow, on Sunday laft, a fmug• gling (loop, belonging to Banff, laden with gin.— The Britifh Trader, PHILLIPS, from New York, is arrived at B r iaol. Th e brig Mercury, BOAC, of this part, is arrived at Demerara, from Newfoundland. The Moles Gill, Parsasom, arrived here on Friday Sall, from New York, after a pall'age of 28 days.—' The Diana, GROSSARD, on Saturday, from New. foundland, in 3o days; (poke on the 24. th ult. in lat. 47. long. go. the Minerva, BHA., from Waterford, tor Newfoundland, eight weeks out ; and on the 6th loam fpnke the Pope, from Liverpool, bound to Newfoundland, in lat. 35. 14. long. 22.; fame day .the Alert, MASON, from Charlellon, in 27 days.— 'f a :" Northern Liberties, Boars, from hence, after a paffage of 4.8 days; and Ranger, from Nam are both arrived at Charleflos ; and Atli% *lvie s from the Clyde, at Liverpool. FROM LLOYD'S LIST. Goevrsrve, AIICOST to—Palled by the Nancy and Mll7, Holman, from Cork; Hendrick, CI-ether, from Stettin ; Reli ance, Thompfon, from Dantalck ; !actuary, Duncan ; Chriltiana, Dunn; Euftrius, Theoleus, and the Crown Prince Frederick, Hurft, from Norway ; Good Hope, Grant, from Lear; Two riends, &ar, and the Aurora, Orchard, from Embden. Sailed the Mary. M'Cawley, for Sierra Leone; Jofeph and Betfey, Gr,,,v,s, for Berbirc ; Liberty, Johnstone, for Tunningen ; Robinfon, and the Adcona, Wilfon, for Varcll. A 11, aiv en,Off Dover, the Savil Jackfon, Mayrick, from New York ; Nancy and. Mary, Holman ; and Rover, Harris, from Cork—At Portfmouth, Duke, Brown, from Africa—At Poole, Adventure, Stark ; and Hope, Blake, from Newfoundland—At brittol, Clarendon, Harrifcn, from Narva—At Liverpool, Julia. I A Catharine, --, from Dantzic—At &UAL Role, Fortman, from AL- ant—At Cork, Brutus, Craige, from Philadelphia; and Socramtnto, —, from St. Übe's—At Charlefton, Northern, from Clyde ; and John, Luck, from Liverpool!i LAW nerguicnrct COURT OF CHANCERY, AUGUST 14. - DRURY LANE THEATRE. FORD AHD OTHERS V. THE PROPRIETORS.""• Mr. RICHARDS Rated, that this was a petitionpre- tented by the Trullees of the Theatre Royal, Drury' Lane, alaing for and on behalf of the Renters of that Theatre, praying that his Lordfhip would be pleafed to revoke fo much of the order of the Court made on this cafe as related to the appointment of the prefent Board of Management ; and that the objet of the petition was not to feek any alteration whatever in the order, except fo far as it related to the Trullees acting under the deed oft 793, vetting the property in Mr. Wallis, Sir R. Ford; M r . liammerfley, and ' others, in troll for the benefit of all who are intereft. ed in that property. Here he Rated the whole peti tion, which recites all the eircumßances of the cafe from the time that Mr. Sheridan, Mr. Richardlon, and Mr. Grubb, became proprietors—the propofals made to the renters—the meetings they had upon that ftibjedt—the refolutions they came to—their ap plications to the Court—the order made on loch ap plications—the proceedings had under that order— their diffatisfadtion at fuch proceedings, on account of the enormous expences which have attended the prefent management, by which were held from them the profit., which, as renters, they would otherwife have enjoyed—their final refblution to apply to the Court to have the prefent Board of Management changed ; and their having given to Mr. Sheridan, Mr. Graham, and otheiGentlemen, due notice of this their application. &c. Mr. Richards then proceeded —" My Lord, the queflion before your Lordlhip is a very short one. Before the deed of 1793, Trufteei were appointed, whole duty it was, in the event of 401. a night during the performance not being paid to the renters, &c. that others Mould take poffetlion of the Theatre, and the management of it; as Truf tees for the great body of the Creditors. When the matter came at length before your Lordfhip, you were of opinion, it would be Ufeful for the general concern that certain proprietors of the Theatre should be in the adtual poffellion and management of it.— Your Lordlhip alts direlted in what order the leve ret engagements of the Theatre Ihould he provided for ; againfl that order there is no complaint what ever that I know of." LORD CHANCELLOR — " L am very averfe to tak ing any further power of direfting any thing in this cafe ; but, lintels I miftake the inßrument to which the order refers from the beginning to the end, it is the only order for payment which I could make." Mr. RICHARDS—" As far as I am inftrudted or in formed, there is no perfon intrufted in the Theatre, who does not feel very grateful to your Lordlhip for the trouble you have taken in forming that order, and quite fatisfied with the jultice of it. We impute no thing of impropriety in the order ; we feel very grates ful to your Lordfhip for it ; but it is the ufe which has been made of power derived under it, my Lord, which we complain of." LORD CHANCELLOR—" I alfo feel grateful for the hihdfome thanks you give me; but I am tired of the management of a Theatre." Mr. ,RICHARDS — " Your Lordfhip Mall be very loon relieved from hearing me upon the fubjedt. We complain tif the management of the Theatre. There is tau doubt that in confequence of the order which , yoir Lordfhip fo made, many charges upon the Theatre have been removed ; many payments, and to a great amount, have been made ; and, under ju dicious management, the renters would have been in that proportion benefited ; but debts have been in creafed in the fame proportion ; although we who were once in the 9th, are now in the 6th clals ; Rill We have had no benefit." LORD Carincetame" Whatever arrears there may be, I think all parties benefiting from the The atre anfwerable to the performers. Mr. RICHARDS—" As far as I am concerned, I (hall occupy but a few minutes of your time. Thole who Rand before us, have, fome of them, been fa tisfied, yet there ate many others before us, who have not been fatisfied one Chilling, and the charges are increafed on the one hand, as much as they are diminifhed on the other; Co, that the Theatre al though it gains a great deal more, yet produces no more profit to the Renters than it did before the or. der was made ; the order, therefore, although per fatly judicioua, is really vrafte paper with refpedt to us, and has been fo from the moment of its paging. Formerly your Lordfhip was told that the receipts of this Theatre were fo immenfe that they would pay all demands upon it Coon, and yet we ate Rill fo dif (ant from the land of promife, that we have no hope of reaching it without your Lordfhip's aid, for we can have nothing from the Theatre until all prior incumbrances are removed. We are very much preffed in this cafe; we are called to execute a duty which we have accepted by the deed of 1793 ; and we, the Petitioners, are perfeBly ptrfnaded, that if the management of the Theatre were taken out of the hands of thole who nova have it, a greater profit will be had than we have ever had yet. Your Lordlhip will not underhand that we complain of the Tree fuser not receiving all the money and carrying it to account according to the direftion of the Truftees, and duly taking it to the Banker's for that pureofe. It is certainly done fu, and :here is no doubt of it.— All the receipts are duly accounted for; but the mif fortune is, that the nature of the receipts and expen diture is in no degree whatever under the controul of the Truftees of 1793. All they have to do is to fee that the money laid to be expended has been expended. The parties who have claims upon the Theatre make thofe claims, the money is Paid to be due, and, if it be due, the Truftees order it to be paid, and it is paid I all that is reqtrired, or can be required, by the Truftees is, that thole who claim to be paid fhould produce vouchers for their claims; when they do the accounts are fettled; beyond this, the Truftees have no authority—they have no controul over the mode in which debts are incurred. So if the Proprietors propofe to bring forward fome new entertainment on the Rage, loch as that of the " Forty Thieves." and chufes to expend a great deal of money in mak ing preparations for its appearance on the Stage, the expence mull be defrayed, although it may never appear." LORD CHANCELLOR" I fuppofe that Sir Richard Ford, from his fituation in life, could produce you 44 Forty Miran," more eafily than even Mr. Sheri dan 1" Mr. Rica/moo—a" Certainly, my Lard, it is More natural to %Opole to ; bat if your Lotdfitip afford time to read the Newfpapers, you would have fees a great etpedation held forth to the Public by the appearance of thefe " Forty Thieves I" Loan Cuaucaaooa I have read a great number of Advertifements concerning Rent Charges of that Theatre; but I think they would do well to infert in them a copy of my order." Mr. Ricitaitos....." Forty Thieves on the Rage might be made natural enough, with good adors, my Lord; but if money is to be expended in prepar ing, for their appearance, they fitould appear, my Lord; if the.expence be incurred, it molt be paid, andhas been paid; and therefore, although all the money received at the Theatre is carried to the Truftees. and by them applied to the purple in tended by your Lordfltip's order, yet, if thefe impro vident, expenditures are admitted, the receipts, al though very large indeed, will produce no profit to us. The profits to us may be fmaller and fmaller, in proportiorkas the receipts are large : they very of ten contribute to the embarraffment of the Theatre, by enlarging.the (tale of its expenee. Under thefe circumttances..the Trultees are urged on by their constituents, the Renters, to make this application to the Court. They are perfedly perfuaded, that if other Managers were appointed, the trufl would be better concluded. We have a right under thefe cit. cumflances to afk for poffeilion of the Theatre." LORD CHANCELLOR You do not ferns to recoi led, that, in making my.order, I had to confider the cafe of the Duke of Bedford, who is the ground landlord of this Theatre he has not made a leafe, and he may never make a lezfe for it, unlefs all the incumbrances are difcharged and due fecurity given to him. I can make nc order whatever upon him in that particular. I made the bell order I could upon a full confideration of this fubjeß, after lamenting, as I dO now again lament, that my predeceffors in this place have, by their precedents, in the cafe of the Royal Circus, and (everal others, compelled me to decide upon this cafe. But how can I make any order for changing the Board of Management ?There isino allegation that any part of the receipts or funds I rf this Theatre is applied in any manner contrary to the order I have already made. The receipts are Paid to have been immenfe on many occafions ; upon that I have no great deal of knowledge. not having been often at the Theatre; when I have, it was al ways fo full that I could hardly get in. But you Mk me to make an order, founded on a fuppofed Inagement of this Theatre--nprin a petition which does not contain a fingle fyllable of allegation of any fuch mifmanagement." Mr. Ric H ARDS-..." The receipts are abundant, but we complain that they are mifufed, by incurring. im properly, great expences—fo that we have really no benefit from your Lordfhip's order of r 793." LORD CHANCELLOR—" The order of 1793 Was under the fuppofition that according to law, pay ment to the rtnt charges would come in the 9th de gree ; with this exception, that nnlefs the muaitude of rent chargers made it impoffible, (as by plea in abatement or the like) for them, by any proceeding by law or equity, to of as fuitorr, it did appear to me that payment of demands which citified prior to the demands of thefe Renters, was, in truth, pay ment to them ; and be it remembered, that by law they are liable to loch payments. .The order gives .you an opportunity of•applyingg to the Court in cafe of any mifmanagement; but then you Riould make a dillinet allegation in your petition, that there is fuch mifmanagement, and there is no fuels alteration. It there had, to be fore it would have been a fiirmidable queltion for me to try. It was my opinion then and it is my opinion Rill, that the order I made was the beR I could make, and before I revoke it, they whkr alk it, mull find me the means (I do not fay it is out of their power) by (hewing me I can do fo with due regard to all the legal and equitable demands which culled on the fcite of the old Theatre, a fubjed of which thofe who deal with the new Theatre have loft fight altogether. The whole balls of my order is, that the Proprietors fhould be Managers, and they would never have confented to any order of which that was not the balls ; upon that the order is formed. You certainly can never exped that order to be dif turbed, nnlefs you Rate circumftances of mifmanage ment, that the Court may fee what they are." Mr. RICHARDS ..* l4 We fubmit, it is enough to en able us to a compliance. if we (hew that, notwith• (landing the experiments which have been made to improve the produce of this Theatre, nothing has been paid to us." LORD CH AN caLt.oll I think that is no breach of the order ; but it may have happened confißendy with it, and even although the Theatre had been ma naged in the bell manner poffible." Mr. Ric it rtos..." We were all taught to exist& that the profits would have been very large." LORD Cuawcat.Lott-4. The truth of fuch a repre fentation might depend upon who amid have the exertions of fuch a boy as Mailer Betty." Mr. Rica ARDS-.." Your Lordfhip has had the good fortune to go thither only (for I know you do not go often) on the nights when Matter Betty perform. ed. The houfe was not fo full on other nights, my Lord. Your Lordfhip's order, which we feek to alter by changing the Managers, is a very general order ; and we fubmit that it is enough to enable us to it, as a confiderable body of the creditors are fatif. fled there is a mifmanagement of the Theatre." Loan Cstascsi.Loa—. , I fay. there is no proof of the exillence of any mifmanagement ; neither would you, on this Petition, be entitled to any order on the ground of mifmanagement, even if it exiled, be caufe, in this Petition, you have not alledged management." Mr. Titowa an addreired his Lordfhip on the fame fide, obferving, that there were affertions of implied mifmanagement, by the Renters being diffatisfied." Loan CaaitcaLt.oa" The queltion is, Whether there is an affection of mifmanagement 1 1 ' Mr. TRow•ARD—u No dire& alfertion, certainly." LORD CHANCELLOR.-..." Is there an indirect affer lion of it ?" ATTORNEY GENERAL—" There would be a very direl one if any mifmanagement exilted." Mr. TROWARD laid, that his Lordfhip fitting in judgment on the management of a Theatre, had cer tainly a very arduous talk ; but he united that in this cafe the wifhes of the Petitioners, or rather their Conftituents, would be complied with by other Ma nagers being appointed. The truth was, that the Traces had no particular willies upon the fubjed; but the Rasters called on the Traces to prefs this mat• ter &twill.' They might be told by his Lordftsc4s 4 *bat, without his Ipordthip's authority. they wosp not believe, that thl, ipplieation could not be grut :- ed. The Traßees had t herefore no 'lroice ; ;Cy were compelled to make this application, qu atecnnt . of the Renters. Loan Cuascet.t.oe-.0 1 What have - the f-ent-. Chargers to do but to file a bill, if they tibitlC t!, on behalf of themfelves, and all other Rent-rgerit. to have the whole cafe gone through from ketinning to end ; and *hen they do, they will bury tr.i. inte rens of all the patties under the ruins of it." Mr. Teowsab—" That has been thrown ctiti I know not with what view, unlefs it be in terrorere.";• LORD CHANCILLOR+" I will tell you cartdie?'? why I throw it out to you, Mr, Troward, becauf: fhould be forry you went from that Bar without on derlianding me. I have long been perfuaded, tb tr if this order of mine is di&urbcd, the Theatre mall as well be fet fire to." Mr. TROWARD exprefed the fenfe of the Truflee,, who brought forward this petition at the inftance of their conaitnents, the Renters, to be this, that they would be fatisfied whatever way this bufinefs wa difpoled of, provided their conduit was not cenfure4 —if this motion was granted, the Renters would be fatisfied ; if refuted, the Trullees would be fortified by the authority of the Court, whole refute; to alter the order would be the belt proof they had dohe no thing wrong under it. The Truftees had nothing to ant for themfelvet, but the Renters dented to hate other managers. A Learned Gentleman appeared for the banters in Pall Mall, who were concerned in Come parts of this complicated bufinefs, and faid they joined Mr. chards's clients in this application to the Court. Mr. WETNERILL appeared for the executors of' Mrs. Nunn, who were entitled to a rent charge of Sol. a year, upon which confiderable arrears were due, he believed fifteen years. By his Lordthip's order they were entitled to be paid in the sth and 6th degrees—by the sth Article of ,the Order they were entitled to be paid. The Order confined of 19 Articles, but inflead of arriving at the nineteenth flap, which was the end of its journey, this Order broke down at number four. He admired the ta lents of Mr. Sheridan, but diligence was not the leading feature in his character, although his genius was moll extenfive. He concurred in the applica tion for the change of the management of this tbetre. The ATTORNEY Gammas Paid, he had waited on. til every gentleman who might be ;nitrated to ad-• drefs the Court upon this fubjed had done fa, but now that the whole cafe was difclofed, he had no. thing farther to do on behalf of the prefent Board of Management, that to refer his Lordlbip to the prayer and the elLTitfiett of the petition, the mac of•• which did not, in the leaft degree,fopport the other., The LORD Citexcat.t.ot Paid, he was extremely defirous to give as much time as he c ou ld d o , eo n + fiftently with propriety, to the circumftances cf this cafe ; but he could n ot an f wer to t h e ot h er fa i tors of th Court, for allowing this cafe to be any longer contended. He then proceeded on the circurti fiances of the cafe, of which we lament we have only room for the outline. It was treedlefs to (tate what every body knew, that there was an old The atre, called Drury-lane Theatre, which Rood on the kite of the prefent Theatre, and that there were Rill in being many perfons who bad demands on the property of the old Theatre. His Majefly was pleated to grant his Letters Patent of this Theatre, the dates of which were not material to the prefent queftion ; bat it was extremely to be lam e nt e d, t h at in thole etters Patent the number of Proprietors, or Rent Chargers, had not been limited, and he hop ed that an old Attorney General (himfelf) might be allowed to hint to new Attornies General, that they would do well to confider the inconvenience which malt refult in there being filch a multitude of pro prietors in any cafe, the management of which came under she direction of a Court of Jufiice ; but he mull here obferve, that however great the um ber might be of thefe Patentees, Proprietors, or Rent Chargers, or Landlords, or whatever elle they might be called, they bad all certain pofitive pecuni. ary rights and interells in the property. They at prefent difputed only about the profits of this •The atre, but every pea= who had an interell, payable out of a property, and was himfelf a Proprietor, he apprehended, was liable as a partner, and that pof fibly thofe who were thus c onten di ng for the profits, might have the confolation of finding that, by and bye, they may have the benefits which belong to a cornea in a Court of law or equity in the fhape of loffes. His Lordfhip then took notice of the deed of 1793, by which the troll under which the prefent management was authorifed was created, and oh/er red, that he knew not how to Rate, much lets to dwell on the propriety of dircuiling, in a Court of Jullice, a motion for removing thofe againft whom there was no allegation of mifm.utagement. • Even if there bad been fuggeftions to make that point ad miffibla in difeuflion, it would bare been abundantly difficult in the decifion. The firfi interell to be con fidered in this cafe, was the intereft of the Duke of Bedford. He was to give a leafe of the fcite on which this building was ended, as ground-landlcrd, for which he was to have tot. every night's perfor. mance, and if the Court was to deal with the quef tion at all, it mull deal with it with a due regard to the intereft of that Noble Duke, neither could this occur before all incumbrances on the Theatre were removed, and fecority given. The next demand was that of 'sl. a night each performance to be let afide for the payment of the arrears of rent; and it was a queftion worth difcuffion, whether thefe Rent Char. gers, who were thus contending for an alteration in the order, were not liable to the Duke for both this rent in future, and thefe arrears of Rent. The third and fourth articles of the order were thofe without which the Theatre could not go on at all ; he meant a provilion for the poor performers, who had great arrears due to them ; if they had no provilion, no thing would be produced to any body, for fic yet non vc.bir. This was a claim which mull be fettled before the Rent Chargers could expel any ; —the claims of the Tradefmen mull be provided for on the fame fyfiern cf priority; for all which there was ordered to be appropriated rot. per night to pay off arrears. The arrears deer to the old Rent Chargers, prior to 1793, demandcd another apeto• priation of rot. per night. Theo came the Rent- Chargers fubfequent try 1793, upon which there was fix hundred pounds per annum prefent rent, and 1 31. per night for arreat.. ' au gnat behinning with