The British Press; or, Morning Literary Advertiser. — London, England, 1807-11-21 00:00:00

5 IGENCIL Nev. 2). 1 THE OPERA-HOUSE CAUSE. T‘lrLoll. 4 60 Court in cnniid-red it im the Plaintiff die At the same atly glad to have trod' the mt•rits of medium of this acquainted with present difference' Atetested in this have read the 1 bestowed upon yet, I entertain a this Court, under interfere. I find a diffmence of the cnntrallingl and the remedy Moreover, I A present appli than one which 1 any kmd of to come into applications for re * willing, at this is dispate to ar- Perhaps there an application few piel,mina , before its merits Plaintiff asks for as a 'tenant in as a mortgagee .1 prays fora ge called noon to in upon which his if a theatre was if this Court as infants. or as if it id that it was your vivlationai powet over pros-nt application, objects which gene- Coen, direelly calls what, it may be pre hastily undertake. the direction of its proper ma case,vrill have to bankers, treasu performers, dress . Lordship will have tickets which ought to called capon to cal of allowing an anti ' bar celebrated ahi hou‘es of some of fashion. Ewen . appear, yip not , . upon the /*pacify luglet.4o4,4pr of Amalie p-cfosre • Mules itt the tipt l ...larsose. And, perhaps. • perform••s, tech es 14VO SOOOI. for the celebrated frnc4l ta .dship cootd only re. the other Cossets, an accurate ac- generally request lee Brothers of the principle. this Court incident to this,ap• • the assistance of Italian school ; SOM. few of those learaed associa:cs. upon 'Ations of this kind." Sir S. Romilly, it decide upon the adrettsin whether .o her talents. For five shillings to hear indeed if puch an en and Whin I con -mg a large propor ' risen is. that theael' Sabbath, I would dosing ot the Opera y fight ." Indsed th• more the was considered, the ontertamed *as visible.vad • was bound to dismiss t h e variety ot allega altogether triflingi state whether the misconduin in his considered one watchman e place of three, and that. -s to that speEific em Mr. Waters I.:corn another ground for this rs was a mortgages this concern Then, had not sled his at saver was, that he knew upon that property." has been, on that point. e Counsel for the Plaint bill in their possession yes - to be Arpued. " ►een amended, so it now pray■ for a notice was left at the of November." illy, it is not in the or upon the consideration - the 21st of 080er, made on the 5J of However, if it should ap enter into the merits the charge of alleged • Defendant will be ; and here it will in your Lordship, that iff's Counsel have frin general abutter of the De. ~-. • • . LAW' TIM t !GE NCII COURT OF CH tNCLItY; Nee CCNTISUATION OT THE OPERA-HO' VISTLAS, Executor tf nouLD, g. Sir SAMUSL ROWILLY adddressed Waif of the Defendant. He consi possible for the Court to grant to the prayer of his present application. time that the Defendant was extremely t h e o pportunity of entering fully ham chicane in order,that through she me Coed, the public might- be fully tae she causes and particulars of the tires. and dispute between the panics Hkfel a pplication. The Loan Cm asiettoLoa_is I ha, deed of 11103 very accurstely, and b it a good deal of consideration : yet, v ery considerable doubt whether this • the cireurn , tances before it, can inter its this contra& that thete is scarcely ; roinion that could arise between th which is not pre.supposed, at icalormly provided is arbitration. conceive st impas•itile to decide the eating upon any other principle tha w ould entitle every person who has &t ut or interest in the Opera House, this Coed, day after day, with applit lief upon Weir respective esu p eo ,” Mr. War ses—'• I am perfealy wi moment, to lea•'e the whole matter in hareem." SirSamcat ROSISULT resumed—" sear was submitted to this Court a s more novel kind ; and a f; ry observations appeared necessary, be were particularly discussed. Pli so equitable relief; he applies tine a common for a partitioned property, at Ye seeks for no foreclosure. nor even coal account. hot. this Court is call terpose, merely because the concern u claim is secured, is a theatre ; as if ander the same superintendence of t charity. or as the guardianship of inf were a ward of your Loa dship, and tl duty to ex.:mice a species of visitation this College of Pleasure. The pm- losirg sight of all the ordinary objet rally regulate appeals to this Corr: upon your Lerdship to assume what, stoned, this Court will not very has the condo& of the Opera House, and those duties which are necessary to nagrommt. Your Lordship, in such cr regulate the tiecessary orders to the I: errs, managers. stage-managers, pert makets,and a long et Mere. Your Lot ti regulate ‘ the number of litre tickets be Issued, and aill perhaps be calk culate upon the profit and Ross of all neat vocal performer to display her lilies at private co.rcerts, is the hot the most distinguished vetaties of f those duties, difficult as they must a suffici. -This Court must decide up sranilrr vak haiheteMlaelift Of *SI/1414, duties ant me lig.t.-isouse. have to adjudge whether great perfu Signora Catalani, ought to have season, as a salary due to her caleb lents. In most CMOS your Lordsbit sort to the panics of the Judges in tl when upon questions iavolvirg a quaintance with navigation, :hi go the attendance of some of ti , e Elder Trinity.bouse. Upon the same print would, under the circumstances inch plication, be obliged to resort to I amateurs acquainted with the I and your lahriship would have son accomplished foreigners, es learned your tight hand, in investigations of The Lotto Cisanoextos—.. Sir • would never be in my power to i twrits.of such a performer, or to a the salary of 50001 was du., to my own pair. I would not give five her sing for a womb ; and indeed gagement was a matter of dispute, sidered the improp:iity cf sufferiny lion of the youth of both sexes to n tre, almost on the rimming of the S be inclined to propose the dosir Hcuse altogeher on a Saturday • Sir Saseuat. Romiatv—•s Inds nature o the present application on, impossibility of its being eatertaine. the Court would see that it was hot mono* with costs. Amongst a • tires and complaints, almost al a the Court WAS called upon to Defendant was not guilty of tt management, become he consider • sufficient f r that duty in the place five carpenters were competent to ploy, instead of eight, which M mended. There was also lino& application, because Mr. Waters on the Defendant's moiety in thii he would ask why the Plaintiff bill in that capacity i The auswer there were anterior claims upon tl Mr. HA Li ••" The bill has be amended." Sir S. Rusatct.v—" The Coto if had not the amended bill in th terdar, when this motion began t Mr. W•TilltS" The hill has far as reaped' the mortgage ; foreclosure. and the due notie 6 8i: Clerks' Office on the Sd of N • Sir,S. Rust I. tie —.• Really. drossy usage of thi6 Coutt, upoi of a motion originally made on t totake into view an amendment the succeeding month. Howev, pear to this Court °ternary to el of this nugatory apthcation, the miscondroi on the part of tile found entirely unsubstantiated ; be necessary to impress upon the arguments of the Plaintiff's cipally tested upon ass general _ rte R C ti fondant from e withipt not teter eke to those cops . pillar. and cllarges, which were sq numerous in the dipositions 8f Mr. We l ters. In dfed. his Counsel have wrselj iilbssairted froth all cornfield's on those etiartes. Irteause they' were aerate thatsuch complaints' ienf proie, mot an incapacity to contiud, nor an inattention to thi coecerns of that Theatre, but a sealous, and, in their ()pillion, an over...same interference in ;teal fairs. In his bill the Plaintiff hai complained of the number of engagements made with performers; • and his having called in t/se silver tickets (from a eonvictioti that he had or a very great number of them being forget!) ; in a word, .he has complained of every aift of the Defendant?* administration being • unwite and injudi,.ious. And to what purpose have these complaints been made ? Only to produce a complete aeswer, anal direct refutation. With respell to free admissions, the Defendant found, that, to the amount of 1001. per night, they were uselessly, improvidently, and prodigally hmed. and theretore he diminished vie number. Nose, with reaped to th charge of absenting himself front the Opera Hause, in the first place, it never has-been ascertained that the persanal atten .ance of the Manager wet absolute ly,. itecevilary ; on the contrary, it his been sworn, I that it was the opinion of Mr. Kelly, on this point, no mean authotity, that the less the ruler f this little kingdom mixed in common with his sub istffs, proportionally did the interests of his ad aninistratiori increase and flourist. But another at mind, in the opinion the Plaintiff. who cou eeives sn hiely of the dignity and pomp which an Opera Manager ough. t.. assume, for the recto s:on of 1/Ir. Taylor from the ben-fit of his cutorad is. that he borrowed money trim one of his ',lbw dinate officers. This injedinn appears of equal weight with the allegation. that be. ause he does not I understand tort ign languages. therefore he ought to be diemissed. .It will at least be believed,. that at the time Mr Gould stipulated w.th Mr. Taylor, dlat the management should devolve upon hirn, on the death of the former Gentleman. the Defendant was not in possession of any foreign language. which be has since lost ; nor will it be denied that be was now leas capable of fulfilling the dints' el Manager. with respell to these enines, than he was prevous to the deed of 1803, when, for the spa..( of 25 years. he coriduded the sole and et:l(l,ere inentigement of this Theatre. The folly •ot their allegations have been proved; by the result and con 'sequences. Instead of the profits of Cie Oire lei.ntse having declined, the receipts have coosult:ie ably increased, in a great degtet from the judit. I (toes teguiations introduced. by the Detetniaut I since the death of Mr. Gould.. Indeed, itwatesaile dt.t tut. when tits 41cup:1h:seers, to wine* alter the fire, that theatre was subject, weer toes'. dered, Ca rotted upon its persent •neleieect state ; , at that yeriod it bad ineernlwanees tenon is sit the amount of sortuty t.! emoted •pentl.ds. •T..e ex,iense ut building was On (130 t. and the whole arreiont of intumie ante, at t!•is day. upon ,Seat con! cern, through the .u.letatigaate and succeseful veer, , lions of the )tie;.. ant, does not Onlostot to 171,4114 than .23.0e0. • Whit wen em. be •th• ug t•of tee assertions et the mat oho could Say. Wit it was probable, at some Autism wife. winch be dues use. designate. dm steed 5. act. A el bMra well be to desuoy the stWole pi. perty, of that fherats- I -And from whemilises this ateresoOn proceed I PlooNti.ar Plana if; she very preset:Ulm, it i• 'moan iii the affidavit of Mr. Taylor, and widowed .by the Plane: I. tilt, &distil made to the 13elendasit an oti.r of giving up tobina, without etutroveisy. the whole and reclusive • management;' terevided he woulst take eft his hinOs !the Peitornters stilts whoa' hd . fleshly, entered tout cyaid.. dad thus burden use concern, nut cob with theeatipenest of the ekilloffra intents made by the Defendant, as dee a u, wi th wow. woun, ur4J,er 30 .0354301 , 44 city, the Phi ..tiff had taken upoo . elude. It wout.: De todithia to state the MN.- d. 41 tee ent maters nt charge exhibited iu the lliesiersi bill; tueli as retaining a dre.s.maker. woo wed beau convitted es the Agit' ovate,' co lose of steeliest ease. dl-s ; or of Buff-ring Madame Catalan'. to .amPPll ance with me pertnatlar reet i euit ei thetioguisliedseee leers, to gravity them, by Au el.3tLiolt et ;set meinui uus slants, &WWI private houses. ludoed. quest' .ns of pesuliqr Rica" nonfat olives .vain ;it a oust of Justice, upon these allegations - svuu.d be. per haps, for his Lordsiitp, when invested with the mea nageraent of this 'theatre, to conoder wreathes the immorality of the theft *es not compensated by eh= superlative tette which the dress maker :meta. evince ip preparing the easiness of the heroes aed heroines l and. in the latter case, wieetber it woul not, in the encl. furil oat more profitable to allow this faviitsiite to sing itu4 .agoia, to those wtv'm we delighted, : by. tesuring 'ben at tendance, wlnnever theit tavout ice appeared at the Tbrafre ? tinder ell the ‘l3CUrDlitaliCCl4 it WS tins possible, upon the bill. tot the Gan to make a ,ale= cite, much less to gram the at der now sought alum °is interlocutory case. Tne de d love tee tight of management to Mr. IT:viol. L lie bad to hoed if • qapaardie hens gaunt. But of a ll persous to ett*e forward with the charge of iticapaesty,„ the Nitwit, who had made to him sues an stairs was, 4 : 4 all men, the most precluded." Mr. LeAeli followed upon the same side, and contended that the Plaintiff could not proceed until every person baring an interest or claim on niat concern were broagot before the Costa. 'fbe stet • was not properly instituted. and therefore he would not disgust his Lordship by an investigation et the particu.ars. He would merely esufine hiiiiseli to pore, that from the moment Mr. Gould died, there arose a struggle between Mr. Waters and the Defendant, for tne management of the 'Theatre. It was upon this presumptiou that he hired Per formers and took possession of the Opera House. But whets ha found himself unable to retain that, then be formed the scheme of bringing Mr. Taylor into the Court of Chancery; and as Trustee, he Lis applied to this Court to nuespose for the protrUion of the joint property from the waste and extravagance of the Detend Ant. And, lut - tooth. this was the application of a man, who had endeavoured to induce ladle. Taylor to burden the theatre with engagements to the amount of 7,0004. in addition to his own of 13.0001. is order to release the Planniff tem the difficulties he had got into by his own officious pretentious. Fading in that expe dient, he has dragged the Defendant into Chancery, and held him euktoithe Coutt ass profuse. taffeta- - • .. gent, and Meipatile lOvsag.er. it was impotoble tor „the Ce art to accede td, the application. !Ir. Weeneeset., on /He sorra side, Setgeld to make i few tadhomil observations, upon then*- . tnre orthe dharges dr incapacity and misconclud. 'alleged against the Defendant. Previously he wished to impreve neon the Court, that it was ad mined b"l+ the affidieit of the Plaintif, that the right of 'Mr. Taylor to the management, pn the death of Mr. Gonid, was not at all affell,•d by the, mortgage of tette. Yesterday, hie LprdshiC had put a question upon that subject t 6 Mr. Richards, and lie now tank tne opportunity of notkilfg this ob servation. In lisoking to the original deed of the Opera House, he was unable to get, either'in the shape of a stipulated rule or usage, any defigitioh of the duties of a Manager, and he believed that since that original truit-deed wai'execut'id, the per sonal attendance of the prineipel-wis not considered absolutely necessary. There were nn the eoahlicie merit a variety of subordinate officers, whose duty it was to attend to the details of the copcirn, whilst the prilicipol was engagsd in the general gue9inr Itndence and the selenion of the pet formers.— But Ms: Fonblanqu'e Ins attempted to defin it; and amongst other duties he has 'pointed o‘t the . necessity of the Manager attending the rehearsal,' in order to hear them sing, and form I judgment on the respective merits of the pet formers whom he had engird. He was not a little surefised to heat such AM assertion from that clot/Icor Gentlitnalis becan-e he ought to know that it win 'almost jwo - verbiol in that race, not to sing whets they "moked Indeed there was the "anthcrity - for that purpose, , • Omnibus hoc elt;cun rot rantorihtts, inter , Vt ouitquaon twilit/In enonunt cassumwrogeti. And the some Po-a, in a new following ' amplified that opiniest, by proving that a 1 the House of Casar, much' lass a Manager Opera, could not prevail. ----emir, qui revere reset s. i ,les a I per itllleitlAill ;r.:114 114 , 111•LIA111, 44.0411111 INbIICU: rt. Such were toe cop ices of the Singers in , tan age, and it was not improbable to At the same tiaeconntable spirit aduated the Ile !limas in this Georgian reign. Another +gains. the Defendant was f-r having - - r*Olenra , .ed Catalonia of whose fame -.._ . _ •imi it might - Ise said, Nerve rrprfriht celeicovreafad. 'Ode sr-the r Private Concerts of some of go'h nt persons who lead the fashion) \‘• Lat w ) 41.1 have been the conserve: ' D,lenil.,,it refused the application? *, wool i ~ z , produced a public rising of ' poweit I s . and distinguished Corps, at the of Le town, and the Opera concern va 61,11 inprired et the prottetion et those I tip 2.ilcontributed rake support. • .t be LortaCK•neactow supposed that I. g of this Lady at those Contorts Was I ~..; bird of as application to him. In what . ..: Court to ant? Indeed, it was impossible certain what an extreme of indecency such , non. might iatroduce Mto a Court of Justice, he was to the Coo irnen Pleas, be sersolleded . Lion reLuivoto the amourat :of the - ntithtle wages twat should be stopped fro/iota* lemaielooforriair, in prop•ation to ;Instate of laietteleation in which ilocappeared.... - ~ • . .• Mr. War *mono tediused. - end 1 ` Mr. Faylor, on a loniser occasion. had Crania otJuoice 'Fire, for his regard , eerie', so 'dosing to admit as inopeoper hue female, although she presented a a Foe his rdasal Ali action was brcagh s ta and k cyst .I.Ce.'Stou his eonciud received the apprr ot that vendable Ct.:atter. There win other .iescund of complaint upon which • vbeervab sod that referred to Mine ornaments , trieleoeer the.boses•ot the theatre, which Ai' lot had ordered to be takers sway. rannation, Mt_ Waters remonstrated, mad got them cleaned but a short time before. 4 win his pstucuttr wish to • iiethy, sod liii.ognii the resources of , ....)t pest OraillOntscaosisted of fainting', afig &mintage oit Aquatic Desuri; zed omit live years ago nom very odorited decorations. • coriespookteil with the public tour. However, the tovelittion et ye-on, Nepttme had - .ji:tate mein. ,and the emanated Inert.' the pacts of antiquity had neer& so pro!' fld"fit bed exchanged her eduieen , smutty compleatione. toe sift* to dust , buck. 'llieri,Mteedant, net recognising , , 0, dormity, ordered them to be remand; . ilatnint v e ers of opitoon, mat ail their t ..4 0 14/ -Jl4' M.igtiticoice could be rev) i4altaary .•pr-citss of map and water. talanque smiled,, out it he tecoheeted w .en, a bzU4:-.• it at .ielsreolli'll Ins Opera, Ind tvokld recollect that these ? ,L. t.s.etui ideas, and wirrnow, at least, at st at qu ) hulloes' *ht . . Bl.rastear's Cr Nis 1 aowea, for the ceseau far tie with deter et.ee the Arcision of his Lordshi • Me. AO IC appealed on the part of • to whom a Ling at rear ol aliou.ty was Coen wuttid not admit the right of ii Until err. .111 e Loan CHANCELLOR observed, t Vpersons taytng nut property in Th'eatrts "tiiony claims, si as to make it nit ns, was only serving them r:gnt to bring 2 41111 the partite oi the record. r„.l Mr. Frau at asqua replied to the " 'Swots at the Detendant's Counsel, 1 Ass gepeedhate, that the present application hompalllie for the Court. It did no- - becosiosiebo tontrading parties had inta, prescribed tae made et arbitrat means of adjusting their differences, the a party was ear of CI il, t, and prevented . pealing to the jutisdidion of his Lordship. K-nyon was the only lawyer . coined a different opinion, but lie lion to hear tne doctrine denied in Westminster-ball, both by Lords Rosily), and the Noble Lord addressed. He had a still greater, hearing Lord Kenyon himseit declare and deny the doctrine that he i formerly s upon that prriteiple he Addressed his set w.ts sure, that where a wrong - wain t interpose to repair the wrong, -u mischief. The Linseed couwel tericanq , Wni GouaiPM fida. entire, re and exelesiire auncr, ta gi la the eidasu. Flow tar his peroonal awn mace was uece-sary. .1 was dsdicult to decide; atki sob ever were sb • oisficulties which produced h s sends, may be consideredtqu4ly at impediaseta s ha persoold He had r' hesetatioss to • sitar, beantraa. . . . . .. . , . . • ... : , le fully into lite l ;tlitivilari of the ease, dial edneiudini 4 ..‘• i by observing. .114: WILOMI GireginitailC • nap sea d shiceiche incapacity, nr sl o p i fl id ant . - ~,f ii. „p , ,,.t r '`r 1- aught not to Offer from the offset; Ht was surd I. hi s 1,,, * all. *Quid rot 'mime to inserfer4, thrones . . e., fear of ulteri w diaioutiie, ; but tha• ,_ on ifs's( con. li tray,. he would r aa iu the case of 1.1 nry-lane. re grapple aith the impadimeots, and Bully sum aunt e them - e Tile Loeb enancettosia, in the most clear and , i d 1 leounits statements tor 4 -a view 00 the various a, dilutes and provisions in thedied 0i1903. Through i- etery part of it. it was evident. that the eentratiting e Ellotiose pr , -Lupßos‘ng the diZepent points u p on e ' which a clia,leace of opinion might mem, had di- • n reedy provided arbitration-ae the immediate, males it and conclusive. ;emee.p. ..He did not ray that the r- parties w contra!ling were -..Restrained fr ow sill d : applicatipajo.a Court of Lam; last he aonsideted ,- such a contra& ju,r4fied him to recommend there to y paper, au i to put it to.thero to consider, whether it 1E waanot their interest, by a friendly dispoeithwir to ! ii . , ^ firev ( nt h;nt fr )m doing that, whieh. when pushed ' 4 - to the etttreste, it he.:attae bi, duty to partormUlad ' , r $ which, a. 11.94t•aed.them. w•;uH be atiew a Milt- le :ou . buaieeiat With •esped to the rght of manage. 1 •'. m en •, it rerponli devolved. upon tits deatb of Ht. • i .. • I - - . en they were a personal mart. He had no heisitalsoe to soy, the y o f Horace in his cipinort, a: cording to the irontrah. the per- sonal attendance of the :Manager was Ilasessary It • , r Micas, was very difficult to prove it 9th:toilet sod we he _rogsti- previously said. the same rearons which pros/weed log lines, ee"-- his abs.nce, impeded personal resort. It might,r • ,t a Prince of I become a question fOr the Ma-.ter to inquire wtse- ,nager of a° tiler this incapacity did exist or nit 1 1 ere wet* many strong reasogs which made it the more whole.. ,set 111 some pursuit for the partiet to look for.redreas its are a son the manner specified its the contraft ; heif w .alever n t h e Angus. view they took of it. let theta depend upon W. thew assume , that present course was calculated to call down epos . the modern them, he would rot say the most ruinous result, athercharttee sufferedwould ,ut e th m s o rlot s e ° , lju l us ear e e nd the iu m fi'. to il. piglariiielic;,44wheabie. H er and ;repute- they would again call upon him, and toe den par. . 1 rerretalfad, to Po" Inc Lordship crdered it to sued otaar yes a f these dist M-e *ea. .. .. —,.....,—. ii t 1 'liable world, • a . COURT Of KING'S fIENCH. Her. it, . 4. s..ce h i t he The refusal Slollga 11. PARS* se OTIIIIIS. ' k r A that whole This cause cans* on to be argued this day, whet he West we l e -- end Mi r . and Mr. Drinerea were hoard at would have length ; the firmer for the Plaintiff, and fie latter pgy lall wh° Ptia - for rze Derendent. The substance of the tees was lr- this, Home was in the' feasible • h of se cis. hat the sing- finery, where there *eft %if audith , ateeidv , t was Made tee n o t hi s own property ; a tilliti;O2tCy to. AIM sad - Rhat we) was these articles were chfineed by the Aeiignees of Mt u . Possible * 0 ea' Creditors. attlitiugh they were t... prop/P8 .-.. such apollea- another perm:Pa. ' sluice- When The Cesar, afteehearingwhe argthhestell bah • - leald a Toes - aides, thought that illh'eras a case of so _ * IhInkl? wages ' importance , and the valise • adopted u z , . 0 „p i i g iox .., vr '• . ) aielserferniers - gestations ha • beet; solraffetapand lion in which some 'of tilted • my' upon fraud, a # noes ft treaPtioretheettery to bate ..fl the_ - i amosi- shoo r es adretardor‘de thelsifefehtil; lhe d teceived the t h e i r view, and for tilt pur• they iv* aloe .• 1 to public de: case to tratergo a second atgament.. r efha .. . Pee sled dim' it wodld he as well to state whether these a 4 • • agaves' ticket were or were not flettireet-ordered to shad tit* 1 ;hl - i and upon second argument, • se approbaeion " ntstto,' a. onfilt. . '1 l toes only one TIM Co et: t in alluding' %.4.l4iisif t wh4,teall .! : itch he should :segued yesterday by Mr. Sit :leant Oast. pe - ' smartie: As and Adrieney-Cwneral, itoimated (Lair' opifeHre,,dt Stich Mt-T l 4- that part of the awed Sought to bessel aede..irtio_ ~.. . Agatbst this 'e l ate d to the soot elf 2,5t 1 01. art' h the Defessiladir , t.l, because he was fined by the Arbttritai;lfur lote•tig MO “. , ne before, and claimed Sir Waitron Bishop, shosild bi 'leafed. ellyl - (.40 -Mg i I lean evo* the award set aside; po'raitv. the re t oosterng pow • 1 of the concern. s tanding as formerly. al togs, represent- • Pelt• Ill 0 LYONS and Otani. 1 daortut twenty- This Was an issue fie= the Court of Chancery, arcorations. cud which was signed this d.ly at great length,. by Mr. , However, in Lerrtio•ce, Mf. Palm. and Mt. Flotrovis. ad lost his ma- Mr. Ltrritettaci. -stated the circumstances of a, noon whop"; the rase to bc these ::-.Mr. Ir. •sith l'cli ow. by his , , Profuse in pane- will, gave, devised, and bequeathe.. to certain Este. Am tint for a entors, all his real and perso , al .-states, in , other. ( i lust and lamp- wise d,spesed of at his death, in trust. for she use of ~ ' j Mein/ a feature 1 his wife. and Sarah Pieria, his only daugntet ; to os..ved; but tue . use former of whom they sere to pay a certain,aws ii for rues spirit- . fluky t and for the use of the hots t, such sass . revived by the as might be necessary for her edu au o au& , ter. Mr /Al' maintenance, anti. s.e arrived at the a # , , e of twenty. L I ted the period. else, or marl e 4 ; end then the whole reside.. of l a I a he vatted the estates to devolve upon her; but wits this particular tbeities lost his proviso a-d restriSion, with regard to both of to* . 4 ast, as ol: as his persons, that should any of them many any parses COM:WA/41 it:. of that part of the United K nAd : called likes. !, re tt List, .waited land, they should forfeit all right aterest/i t e ordship. real and pertuoal estates, tee. at. s.. 'his , Slid . . • ; of a claimaar, , Josiah Patin died without revulting.,this s it • was due, hut the I will, his daeghter being under age, end slam ri of hie cl.eut to ' ohs did not, however, long continue so; toe i , - event which her deceased father had so caret& reed, twat whets eadeavoored to guard against and p • ' eatri s tat:: Oa so gaily took place. huts married a Scotch Gee r is us inageahle, it tleman ; and the guest - ion . tow lett for the ova. wing into Court nion of the Court was, who was entitled, under these circumstances, to the real *state of e leading argil- the Testator. The festasor, his wife and dairgle- , and contended, tr, lived. at Warrington, and it did not appear t application was why this peculiar resiWit to had been by him haSs did not G.!low, , posed. He argued that tl.is restriSion was good sad, by the ena- ! and valid in law, and that the estate having ,bee birration, as the I forfeited by the eraughtet of the 'testators it di- es, that therefore volved to the children of Joseph Perrin, the heir at 'vented from ap- Law. hi support of this the Learned Counsel cited Lordship. Lord oumetouscases from various books of us qoeitionsos who ever enter- ble authority , and endeavoured to shew that re- bad the satisfies wraints, nearly similar to the one in question, were a every Court in neither tenderca void by the Common La* of • 'di 'fbdrlow and England, the Civil Law, nor the Canon Lew. -9, I whom he then In the pettiest instance. it Sarah Perrin had attained ater satisfadion in the age of 21 . previous to this marriage, Alse estate -elate his mistake, would have been absolute ir. bee, tile restritiion mealy rattly entertained ; operating until abe - attained that age ; het, la, her ed his I...)rdship, marrying previous to that age, the estate hetes?, is \ was praelised, he meie fee simple, and went in the children of Joseph rang, and prevent Perlin, bro th er to th e deceased. In other words" anal then emoted bar marriage with a dcotcbutah, was, by the will. ' s . ~ . a -- . •