Star. — London, England, 1818-08-15 00:00:00

hey not being legally appointed ? There was a cel -1 rious circumstancb which had just attracted his no . -- 1 tice, that the Members of the General Committee COURT OF CHANCERY, AUGUST 14. were.eligible if they only held three shares, but that DRURY-LANE THEATRE. . the üb-Committee, who received their power from Sir A. Pi ,c.xere (as soon as some unimportant mat- them, must have five shares. The three Trustees tars had been dismissed) rose for the purpose of were the Duke of Devonshire, Mr. Peter Moore, and moving to dissolve, an injunction, ordered upon a Mr. Douglas ; the two latter were defendants, as be previous day, to restrain the five def endants, Lord longing. to the Sub-Committee. but his Grace the Y e ne to etro, Mr. P. hlootin, Mr. It. \Vies" Mr. Duke of Devonshire was not before the Court. as he R. WALPOLE, and Mr. DOUGLAS, from opening . had not been made a party. The Trustees he ad- Drury .Lane Theatre, and from m aking any engage- mitted, were not accountable for any money but I meats with Performers fur that purpose. what they received, and not accountable for any acts Sir S. Rom ILLY thought it right, before his Learned . but their own. His Lordship would bear in his mind, Friend proceeded, to notice a preliminary objection, that this Theatre had the sanction of a patent, and viz, that only three of the defendants had put in any then what answer was to be given to the public if it answer to the plaintiff's bill. was to be closed, and they deprived of the reprc.sen- Sir A. Pieeore answered, that it was notorious tation of the legitimate Drama ? Ile worikask, that Lord Yarmouth and Mr. Walpole had resigned what answer would be given to enterprising men up.. their situations as Members of the Sub-Committee; plying for a patent to build another Theatre, if the the former, however, had put in his answer this patent of this Theatre was allowed to lay dormant? morning, and the latter was out of the jurisdiction and that there were such men there could be no of the Court. He admitted that he was not furnished doubt of, and those would take advantage of the with a copy of Lord Yarmouth's answer. If this Theatre being closed. The plaintiffs state, that bee o'.-;action had any weight, it would be obviated by iore the 10th of June in the present year the Theatre to:morrow morning, so that nothing would be gained became embarrassed ; and at a General Assembly of by the delay. the Proprietors, a Select Committee were appointed The LORD CHANCELLOR said, that if Sir Samuel to enquire into the difficulties. How the General romilly wished to see the answer of Lord Yarmouth, Assembly could assume the authority to appoint such, the application was certainly reasonable; but hi, a Committee he was at a loss to know, and on the Lordship certainly felt that it was of g t eat importance 'eeth of July this self-created Committee made their that the question, whether such a place as Drury- , Report, he would state it at length, for not one word lane Theatre should or should not be closed, ought of it ought to be lost, as it would shew the presump to be decided as early as possible. This was proba- lion of M2:l acting froni a motive not yet defined, and bly merely a matter of a clay's delay. that no lew or legislative act could keep in bounds. - After a few more remarks upon this poiet of form, ( For this Report, see this Paprr of the29th af July.) Sir S. Routtmn waved his objection, adding, that he The meaning of the Report then was, that the House &mild take it that the answer of Lord Yarmouth was was to be closed until the £17,000 was raised, to pay in substance the same as that of the other defendants. certain creditors ten shillings in the pound, which Sir A. Ptooorr then movel that the injunction did not include all the creditors ; for ten shillings in should be iissolved. He stated that his client', by the pound would only pay reee n oQo, when the debts the rule laid down by the Court, that only one Coun- were £BO,OOO ' • and to carry this into effect, they had sel on each side should be beard; had been deprived applied to the Court of Chancery. The system of of the valuable assistance of other Counsel which management was to be changed—the Sub-Commit- 1 they had retained. Ile had applied himself with all tee was to be dismissed. If they wanted this, they the assiduity in his power to 'become master of the could only obtain it by applying to the Legislature, l circumstances, and he found that the affidavit of and not to the Court of Chancery. Then that a pro- Mr. Henry Robins, and the two Acts of Parliament. per person was to be appointed as the sole Manager, were the only things that required the particular no- except as to the Money affairs , which were to be lice of his Lordship, none of the other seven plain- managed by a Committee appointed by the General tiffs had made any affidavit. Those eight persons, Assembly. He would ask, then, wastnot the Act of calling themselves the Select Committee, had taken Parliament a dead letter, if such Resolutions were on themselves great poWers, but on looking into the made a law by the General Assembly ? This, how. Acts of Parliament, he could not see how they seem ever, appeared quite different from shutting up the vested with them, for he could see no authority for Theatre, as it shewed that it was to be.opened under such a Committee. The bill prayed that an account another management besides that provided by Act of might be taken of debts due to Performers and other Parliament. this was to all intents and purposes persons, that is, that the account should be taken Legislating for themselves. The plaintiffs,. Mr. against the five defendants, for the Corporation was Cocker and Mr. Ellis, understood those things, not before the Court. It was an application to shut and they n ould find performers who would answer un the Theatre, without an affidavit swearing that it their purpose. This Select Committee also had en would be injii.ious to the concern to open it, except gaged George Colman, Esq. to be the sole meneseer. at the end of Mr. nobins's affilavit, that if the Sab- They, perhaps, thought this was the hest wily of 'die- Committee continue to calry it on, it may be injuri- posing of the Theatre. If it was their own, they oas to the Proprietors, and on this may the Coprt of might appoint whom they pleased ; but what could Chanzery was 11 eil on to act. There was no doubt the Sub-Committee say . to a subscriber or his widow, but great lo.s had been steteined, bu: not in the time if they were te accede to such al extraordinary pro of the present deftnthers being inoffico. liiiLord- ceeding as that cf appointing air individeel to have ship wee aileed to direct accounts to be taken of the' the whole coatreul of the Theatre? The person debts dne te re: ibriners :IA others, at the same time named to have the maaagenieet might be the best that the piaintitfe. by their bill, shelved there never qualified in the world; but what right had this self- was a case where it was less called for, as they say created Committee eo give him the appointment,' there never were accounts better kept than those of when the LegislatUre said the management sheeit be the Theatre. It was, in fact, Calling . on his Lord- vested in the Sub-Committee? It was alleged, that ship _to order a sum of money to be raised to pay off great opisortenities were given to person; belonging ' the encumbrances. His I.orsiship would see that the to the ilieatre to get articles from trades-people.' house, proeerty appertaining, and the appurtemm- This was denied by the present Sub-Committee, and' ccs, were Teased in the Corporatism, and not in the it was hard to visit the conduct of former Commit- 1 Eve dee:en:lams ; and then his Lordship was asked tees on the present. It had also been alleged that a that ae aecome should be taken between the plaintiffs great number of Orders for admission t 3 the Theatie (eight corporators) m.d the Sub-Committee' (five other had been issued by the defendants... this was denied corporators) when there is no person that would take by the Sub-Committee; for they say they lestied less' ' such an account. It was the most extraordinary plan than were ever issued in a season before, and whatl he had ever heard of, if there -vas not a job at the they did give they were advised was for the benefit ' bnoom of it. To relieve them from their difficulties, of the Theatre. The answer of the defendants ad- his Lersiship was asked to shut up the Theatre, and mined that the Theatre was embarrassed, and that it, to spread an established company of comedians about was so in 1314,. occasioned by ;alterations of the The the world—to force some across the Atlantic, where, titre which amounted to £17,G00, which at the time by the bye, they did net get much encouragement; was well known to the subscribers. He (the Learned others to reland, Scotland, See. There was some- Counsel) thought the allegations of the billcompletely siting extraordinary in the conduct of these plaintiffs, answered. Although it was alleged that the Sub sometlling that could not be understood, something, Committee was not properly chosen according to the above or below human understanding, and that iso ) Act of. Parliament, as,. after they were chosen, they one could explain but themselves. -Title was not the • 'vote not submitted to the General Assembly Io r their 'bill of the creditors Of the Theatre, hut of eight core epprob ttion-- : relators. There were other petsoits besides the Cor- The Lotus CHANCELLOR-4' Is there any thing in poretion who had an interest iu the Theatre. The the Act of Parliament that says they must t" Venters, who had rent-charges on the Theatre which Sir: AZITIIUR Pleoorr, in continuation, said he had Lad been consumed by fire, and which amounted to' been looking into the Act of Parli a ment , and could 0,750 per r ,cason, they having compromised their I not find where it was stipulated. There was no spe- 1 claims, to be paid eighteen• pence per night of per- i cific charge of mismanage:eent against any of the, formance, with the pnvilega of a free-admission. It defendants. They denied a wish of engaging a,I was the same case with subscribers; for every person! greater number of performers than was necessary, holding live shares was entitled to a free-admission or to give them greater salaries. They did not deny by the Act passed in the fitly-second year of the King. -the embarrassments of the Theatre; but they say they He would ask, where were these renters ?—were they `can open it with £lOOO, aid that Mr. Peter Moore parties here ?—had they been consulted before the. was ready to advancenhar sum; therefore fie trusted application for the injunction had beets made ?—ori that his Lordship would:thin: there was no necessity had they been asked would they consent that the i for continuing the injunction, and that his Lordship Theatre should be shut up, and the performers all:- I would not take up the wild scheme of the selfcrean perste( ? The Theatre was indebted £BO,OOO, £24,oinn ted Committee, close the Theatre, dismiss the Sub-' of which were bond debts ; those creditors had an in- Committee, and send the performers adrift. If the tcrest in the Theatre, but they were not before the plaintiffs found themselves aggrieved, they might Court. The private boxes were let on leases, a pre- apply to the Legislature. He hoped it would not be mium being paid, and Er e f3oo had been raised that necessary for him to have any thing. to say in reply,' way, which went to diminish the :11'03,000 first but that his Lordship would dissolve the injunction. raised by the authority of Parliament. Have those The LOUD CHA.NCELLOR then retired front the Court lessees of the boxes been consulted ? If they have, for }ie . ./ au hour. On his return, 1 why has not their consent been produced to the Sir *ll/Tlit3t PIGGOTT said, he had forgot to state, Court, that they are willing to pay their money at that the rent of the Theatre, which was paid to the the time the Theatre is shut against them, and they Dake of Bedford, with the taxes, was £3OOO per an deprived of seeing the performances which they con- num, which must be paid whether the Theatre was tracted for ? It was the first time he had ever heard, i opened or closed: there was also the interest of the where there were such numerous interests, that a.! boud debts, which must be paid. The Sub-Commit- Theatre was asked to be closed without the consent; tee had entered into some new engagements with of those snort. materially interested. All he (the i peithrmers—one with Miss Cubitt, and the other Learned Counsel) Lae hitherto stated, only went to t with Mr. Stephen Kemble, as Manager, at a salary private rights ;as to public ones, the Lord Chancel -; of I:450 for the season, with ten per cent. on the rct for could not legislate or suspend the Acts of the'proceeds of the profits. Legislature more than any other person ;he had no I Sir SAMUEL Romierer— ,4 lam Counsel, my Lord, more power than the most humble individual in the , for the plaintiffs, who obtained the injunction, ned I. had. :In allegation had been thrown out that the! will take up as little of your Lordship's time as pos., s u b-committee was not a legal Conimiitee ; if so, i sible ' not near so much as my Learned Friend, for why did, not the plaintiffs throw the oases on the ' he had a most difficult task to perform. I have no- Cant of King's Bench, as they were a Corporation, thing to complain of as to the regulation of yoer, and apply for a writ opt po warranto to remove therm Lordship, that only ere Counsel of a side should be heard, or of the length of argunser,t of my Learned Friend; but I have to complain of the tpirit of it—a spirit of ill-humour, which generally does cot belong to him. He told your Lordship that we were actua ted only by motives to cover a job, without ventur ing to mention what that job was. The first objec tion he took was the want of parties. It is not ne cessary for me to say a word in answer; for it is known that those parties could be added to-morrow, and that this motion might be considered as only partly argued. I am surprised that my Learned Friend could be so angry, for it is contrary to his ge net-al good humour. Twill put the case in as narrow a compass as possible. It is the bill of eil,ltt proprie tors, filed not only for themselves, bit for the majo iity of their fellows, against the five defendants, the Sub-Committee of the Theatre. My Learned Friend asked why those eight should be selected as plain tiffs? It is true, they were the Select Committee— not authorized certainly, only as they were approved by the General Assembly. Why my Learned Friend selected the names of Mr. Ellis and Mr. Cocker for his animaiversions, instead of Calcraft and Lambe, I do not know, except that they arc Solicitors; which reminds me of a story of a Welsh Judge, who, look ing over the list of trials, said—' 1 am sure this case will not last long, for it is a rich attorney against a pnvr widow:—Mr. Cocker is not a plaintiff, and Mr. Allis is the Solicitor in the cause. The statement is a short one: the plaintiffs want to redeem the Thea tre, and my Learned Friend calls the proposition monstrous. I beg, before I proceed further, that ar.v thing I shall say must not he taken as casting the least imputation on any of the defendants, who I Nave the greatest respect for; but they cannot com plain, if they put themselves in a situation that they were never intended to shine in. One is a great po litiaul; another is a Solicitor of great eminence, who I am always happy to call my Learned Friend. They' ; might be able to sway a sceptre, or rule kingdoms; but I doubt if they are capable of managing a thea tre. Then what does this amount to? We want to get rid of the Secretary of State, the Lord of the empty Treasury, and the Lord Chancellor, who pre sides over the claim of creditors. We acknowledge our opposition so far. I can tell my Learae..i Friend, that all oppositions arc not actuated by the motives generally ascribed to them. We do not charge the defendants with any corrupt motives, but I will say, that I have disclosed to your Lordship the whole secret of the job."' The Luau (.`IIANCILLOR-4 should suppose the Great Seal of the Theatre is in commission, by being in the hands of the five Gentlemen. Sir SAIILML ROMILLY cousidered,,that the office of keeper of the conscience was vested is the Gentle man who was second in the list of the defendants. Commit*u stand. Lord Yamil pose hare resigned, and the th to act ai if they had full powers. Mr. Wentsam.l.-." They the Act of Parliament." Sir S. Roust.LY—" If Mr. interfere, I must insist that heard." Mr. WrrtivatELL—" I the , of Mr. Bell's voice first ; I 01 Lordship's attention to the Act of Parliament" The LARD CHANCELLOR• the Acts of Parliament that I keep you until nine o'cloc'. parties can complain, for ti tract made with me in t'_,e Theatre should never get intr Sir SASIVEL RoMILLIC—" tioned have given notice of t they are only nominally E. the other three are procecJir I do not say that three out (- then there wculd be a ; have the right to have I.case ; one of the ,one of th e Sub-Com to put an end to that C 'opinion, that it woi•ld .1.: 1, under the controul of (lee r.• Learned Frier! was quite should have •.. welt an o to be wondere • ' ministration who wouil not opinions. Much hats been s. tress of the Performers, bat while tlferc is a genero:s i,ten nay more to assist them, .linn but we cannot support them ann. It is not, therefore. ::,c.l merit will be put out of will allow this Theatre to uts. due to the performers ; and they will be satisfica • mas for the Theatre to over says, it is our intention to dethrone these Monarch, am willing to give every t%. rake it as such : for it is rt . he Theatre thlt they sh,t-.1, your Lor3ship saw there v junction, that you wilt -.- Sir A. Plocory in rTly decidedly in favour cf en:Tagement of Mr. Cohm.. wal n:erely as Stage-Mar.ai: cr the elpenditure. The onl Legllatute, for the L6rd C make, but to decice iay.-s. cern would Le ittcrea7cd dispersed ; for w:ts it to he once to be scatteted, there , ficulty in collecting tl,:rr.? of what would be the conse , i the llss olptcrkrrrers, and the r 1•l ::t its ruin V:c! Some conversation then tcok place between A. PIGGOTT and Sir S. Rommt.v, relative to the expro ;ion in Mr. Robins's ulidarit, that the opening of the Theatre by the Sub-Committee " might" prove inju. rious Sir S. 11/smilax then proceeded. He would go on with the case, and had nu doubt. would make it so rlaiu, as not to require even the affidavit of Mr. Ro. Ever since the year 1 1 to. the Theatre has lean going on with great loss, except one season, and the ile!ns now amount to .Cso,ooo, :wad they n e.c in crea..el very much in the last season. It is true they were .C6o,uta) before the administration of the &ha :lams ; but have they not increased it since, and has it min barn a losing concern ? Then, take it in the language of my Learned Friend, we want to shut it up to put an end to the loss ; and is it not better to do so now than when the debts are much larger?— arc there hopes that the triumvirate will redeem it? My Leased Friend is very grave, and• there is also a vcrygrave Gentleman behind him (Mr. Moore), who says he will advance £l,OOO to open the Theatre, and that he had done it before. It was like the man who proposed to pay off the national deist with I Os. 6d. What was the consequence of Mr. Moores ad ance of £l,OOO last season i It was an addition to the debt of the Theatre, of several thousand pounds. Let the creditors go on with their suits, and get exe cutions. The public may go and see the performers, but that which might to be behind them, and always was considei ed a necessary appendage to dramatic performances, would be absent, the scenery, What we propose is, to make an arrangement with the Creditors before the Theatre is open, and we swear that we have under the authority of the Ge neral Assembly, entered into a compromise with cre ditors to the amount of £4,000, and that they have agreed to take 10s. in the pound, _which would re lieve the Theatre of the incumbrances which were preising,- bet that the creditors refuse to treat under the existing circumstances. It seems wonderful to my Learned Friend, that the majority of the General Assembly should say it was not advisable that the Theatre should open until this arrangement was made. •It is certainly true, that neither my Learned Friend nor myself are in the habit of paying much attention to majorities. Your Lordship will bear in your mind, that the engagement to pay off the debt of 1:34,000, was on the condition that it should be paid before the Theatre opened. I take it to be quite clear, that the General Assembly has the right to draw all the authority from the Sub-Committee. I do not mean the first Sub-Committee, for they could bind the other Proprietors ; but this present Sub- Committee, this triumvirate, cannot, for they are not authorised as a Sub-Committee, which I will show, for they were never approved of by the General As semby after they were eleited by seven of the Gene ral Committee; and the :4th clause of the Act of Parliament says, that in fourteen days after such election, they must be approved of by the General Assembly, who have the power to approve or reject ; and the 54th clause of the same Act, alluding to the substitution of Members of the Sub-Committee, says: they must be elected as herein before mentioned ; and there has not been one of the Sub-Committees, except the first, that was approved of by the General Assembly, and never had the approbation of the Proprietors, and, of course, were illegal." The LORD CHANCEJ.LOR..-." What has been the practice as to the appointment of the Sub-Committee under the Act r !;,s C. Covent- .arden no one cosk know that Mr. Robins v: as a garden, but rumour said se. bins was an excellent auctioneer to be put up to sale, it would I with that gentleman's usual al being described as a losing ccrk out, from the desk, as one of for rallying 'the fortunes of ma; ned Gentleman then described ruin which would take p?.:ce Theatre, and said it was the n 4 l ary scheme he had ever heard. The LORD CHANCTLLCR sa il bill, answer, and affidavits, and liament. I f possibly ceulk!, ' morrow morning, and if not, decision cn Monday to the p.lr iroportant, for it involved sok magnitude as related to the prat Acts of Parliament, the powers tee, the privileges of this Cor powers with which they were i Peeling all these, he would di home to the consideration of morrow, if possible, or on .\ik The Hall was crowded to e It has not been so full for se , thcse present we observed Lore" CALCRAFT, 3loons, WiLsox, distinguished characters. COUNTRY M Urratacr, Aug. 15.—Wheat, p Barky, per qualer, 44s to 50,- 88s to 78s—Peas, 6ts to 004--llye taut 2Y, Aug. 13.—Wheat Bs. OA. to Ws ua—Vetches, OsOs per Isuzhe —Oats, ?Xs 0.1 to 45s Od per q art{ peck-I•laur, 63s to 001 per sa.k. OXFORD, Aug. IS.—The price of . a —Thu 1121 E-peck Loaf, Wheat:in. is -Nett arav, Busks, Aug. 13.—Whi 4e. to 50s—Oats. 55s to 435-13,a1 to 744.—Bread, It 9.1 to is i id. pm uurnis. Tuesday, in New-street, Spring-g: Smith, Esq. 11I.P. of a daughter. August 7, the Luly of -haws Wedi ty's Solicitor-Grneral for Scotland, of _ July 10. at Lisbon, the Lady of Captain Burrows, Camp to Marshal Lord E.resford, &c. L'<a of a so. 1)11W. On the 11th instant, at his seat naithby itallOsear Robert Carr IlraeltenbLry, Esq. aged 66. Ile lived reqe: July 28, at Moffat, Mr. ikdrympl..., and twievc-ci, and has died universally Lone:m. 4 . contedian,y_ 4 _— cs • KS A - ESTER - DAT. India Stock Bonds 93 pr. Omn. I 2t 411 e. (2,1.) Ditto 12' J 1 18 19 Cons. foi .Ic. Letterr Tickets. PRICE OP sTOI Bk. Stock Itednced 771.11761 Cons. 76i-,tl 31 per Cen:. 871} 4. per Ct. 97i Navy 105{10,58if Long Ans. 20 9-1(i 4 Sir A. Plor.crrr—" The approbation of the Gene ral Assembly never was taken but in the first instance of the Sub-Committee being appointed." The LORD CHANCELLOR—P It makes the case very important if the Sub-Committee, for the last five years, have not been regularly elected to the management." SirS.Roatitta— ,, Now I will shear Lew the Sub- COAL Ai A RK ET, Accesi 14. Ships 24 Airtrket. Ships Sold. • n io. alit Newcastle , e:: 51* :hl co 40 4 4 Sunderland 3 3Tc t h l to 0 Stone 4'031 0 ..... (I.i It , ~ H 1 II WATER LONDON Yit:Mi )1111,) Nornieg 17 anir. tP. af Afternoon 40 LONDON; Printed and rto.it!-. Ai by Lop r. 11"..acc, It ti;ic-,15...;; 0. • +, I I • 4 . • .• (=IOU& three rerna:-,in3 tc .wers." cy are so atith t , ; :, r. Wetherell is 4., at `'r. 13d shat; :engin I heard only vished to c•tr: .! particular v crud • • Tr.ere is to t shall es: r ; ck at there Ifonse to the C , 1••:-..- : • their . • :. . • :.•• : : 7nt an.;•. ! LI it 2.7 L.. ~ opu • r. , ;is? s tc. n c-ct esvg., do 11 any :et , t at the re;: •• : . r • ter : FO . • • . 1):%. ;in :t tr, c.. 1 w.ry to t:1 , .? v-. .! b. ' , N . :1t...e1. 1: • .on tFr ber. iet t ea:ati:e:ar t to arudb ei 7 p ,, ily reii ntir&ry g .; g'.e ( perfro.::s iirf:'.!ed, that • Le very th...a .nu:6rce; to the 1:- A.:c.d.! be advart'Z' . 1 )t. he . a Froprieter I I , At ::;1 c 7 e 77. *: : ulcer, and rt‘re L e : id no ,idub II ability, and, t: s :cncern, would hr po rf the fi rw c; speatlx.: ma::r finiiiies. red t:ith much p.al::- .:ce br shutting e? vAdest and most rte. two o 1d ould rna:e pch pr ce 1 rn m :a c 0. . . s tos. : ' ofdien , s a t d mior d e l i; t le lhc e e: s . oe h toctoe l ie w :r ai le eat e ;_fs rtte i stndu : . ; .c ld4 : ll7. ` e : c...t e c e e g . c ve, er ' e.l e ecide o ss d ,ord ox, Docotas, a 614 MARKETS. ...„1 Lit Os to par s is to 466-- nye, 0(4 to "i3,lrs od. to I °d— , uhrl. -- ik•rieY' I. 14: t) 14 ac !arrC r••••- k• of What 5.' 11 of a Beihl 1 li. -11a " 14 ' 4 __St:' Wh.l.t, 44s to „ ,_, 4 "21' ikani, 10 bl". • 3 per A he lA d y e , weddr-burn, r „ . • g d, of a dautl.t.r. of Captain son. &c. ikt• ° D — ir sr' D. at nerare' LAW INTELLIGENCE. r I