The British Press; or, Morning Literary Advertiser. — London, England, 1807-11-20 00:00:00

ed ; kbegeseees, en of rfnrmed ► r lie with produr MOH _ LLA ROSFABEI •aIAT' gnirrn, _ strulauni, &c. kreteed, Pm n•- IV! iqg , gn visitmg an of r leutufot Taring Ir Nit P* as llffewit Lilt r D._ .ledge Woo. rst votth , it Mr. and .:__ at . Oise, id Her. aiece. bad Dd INTELLMENCE. IF cHANCERT, Nev. 19. OPERA HOUSE. &seceder of nOYI.O, a. TATIOII. . moved his Lordship, that the cause should be removed from management of the Opera House k .der of the Court he should be re interfering in it ; and that it might be Master to appoint some proper and fit the duties of that situation, under ty the Court. The Plaintiff, in this 4xecutor of Mr. Gould, who, in eon , certain deed executed between hies the year 1503, became a joint theatre. In consequence of a , the right of managing the con vent House was confided to Mr. life. On his decease, by the same right devolved on the Defendant. Manager of such a concern was interest, involving a variety of attive requiring, in their exercise, great skill. Id caution. '1 o this situation, on the Gould, the Defendant succeeded ; bet tom inditipositioo or the pres.ure of circumstances, or from what other ' incapable of giving that personal e Opera House, without which it vas him to disch;rge, with care and ditties of his situation. This inference mere supposition ; it was positively ' of Mr. Waters, and was telly that of Mr. Kelly, who, for a , had been intimately acquainted and trans:awns of this theaire.— ot 104 upon their depositions alone, admitted in the affidavit of the De admitted that the office of Manager the utmost care, assiduity, and 1w might have been absent when necessary ; but that he was now of init.:ling the various duties him by that office. In answer to the affidavits of the Plaiet.ff and • assert, that personal attendance is a Manager, that the Defendant did pr - onal attendance, and moreover, of circumstances, he is incapable of cuurse unable to pertorm the of that management. which he has this conclusion the affidavit of Mr. and Mr. Kelly has deposed, that dur season Mr; Taylor attended at that ore than three times, except on a Sun- this *lntone from the theaue, and dereliction of his .duties as a bia: fendabt has eudeavoured to excuse consequence of an unileasaut inter , alleges took place between him and .t March, in which ha was menaced al viotenee by that geinleitto, and next, ondersicod from a coo:lacuna' timid of use was his intention to arrest him :0,0001. a sum of money not at all Defendant. '1 he animosities of these whatever cease originating, or how se not the questions for the cansider:. Court. By the deed of NOS, Mr. a joint proprietor in that concern, eepreeesionive bad a right to appeal to data :Eton from the miaow; area which Jai having its managem nt solely and :aininitted to the Defendant. It was Court to perceive that the het was, was rendered incapable of attend necrssary manner to the duties of the he first point was, to consider whether, covisions of the deed of 1103, where the caution. and assiduity, so necessarily , duty of principal Manager, n ere stated. the confidence placed by the the outer, was nut purely personal ? personal confistituce Was centern i ,lated, did not follow that personal attendance • on the Manager, without all* power, ;ate his right of maitagement its any No other culisttigtion could he pm It barely gave the eachtsive ma-, , Mr. Gould for his life, then it was to. upon the Defendant f but there was not a, throughourtfip setitite, to authorid• in Mr. , the cielegation.of his trust to a third person: admitted, even by the Defendant' IttraSOlf4 , give the personal attendance !len and others swore to . benecessaty."lse allow the right of delegatiott; and, . a Manager who is unable to attend., no power to appoint, it was the duty of these _ had an creative property in this con (*Takao apply to the Court for the appointment of a pegym..ia whom the management might be safely 1 The incapability of Defendant to attend ' swo:R m the affidavit of Mr. Waters; has deposed, that during the last not attend at gm theatre more than :Lept on a Sunday. 2.n•mastton—`. If it should be my appoint a person to menage the con- Theatre, my first order to him will be, io,oa any pretence, shall be suffered to house at any hour or dunng any part of -ANCOI resumed—There was also in 1801, a restriftive clause, that neither engage or dismiss any agent, •servant, witlsout•the ascertained joint concur- Yet, twee Mr. aylor. on the death re-assumed the management, this re entirely disregarded persons were 1 new contrails made with others, concurrence of Mr. Waters, the repre- Mr. Gould. The late treasurer, Mr. the stage-manager, Mr. Kelly, were , without any alleged complaint, or any ,ed or implied concurrence of the Plaintiff. was appointed in the place of Mr. Xelly, at a large salary, not only without the con sent, but against the wishes of Mr. Watets. 'l - hat Gentleman would not agree to the appointment of Mr. D'Egville : for two reasons—First, because that person had been formerly dismissed from that situ next, being the lesUet-master, at DI ury mote than probable that the duties of situations would interfere n ttlt each other. .. • ft was the duty of a Manager to sign all bMs pre. vious to thole jatptirlasions,,bat .since the elf* de• vblved upon the Defendant.: be had withheld his signature, and the result wits attended with very improper effefts. The Plaintiff. in this cause, also applied to the Court. as being• a mortgages, ID a large amount, upon the moiety of the Defendant in this Theatre. The Court was aware, that being a mortgagee, under an equitable right. where the legal estate was outstanding, he had not those legal remedies, which, in other cases. were resorted to. He had, therefore, coming into this Court, to apply for the appointment of a receiver, and it was the sanftioned custom not to consider such an ap- . , plication, upon the motives or reasons of the party. but upon the general and joint welfare of all those who were concerned in the step. taken to secure the prosperity of the property. upon which they respea ively had claims. Therefore, as well upon the grounds of incapacity in the Defendant to perform the duties of the office of Manager, as upon the right, which, as a mortgagee. under an equitable title. the Plaintiff has, so apply for a receiver, he has felt it his duty to make the present application to the Court. Mr. H ART followed on the same side, an; stated, that the Plaintiff made Ibis application under the conviflion, that it a proper case was made out. the Court had a right to interpose. The Plaintiff applied in two capacities, both as a joint owner. with a full claim to the rights of partnership ; and I next, as a mortgagee. uader an equitable ri ht, having a security upon the moiety of the Defeo ot in this Theatre, arising out of a deed execute by Mr. Taylor in the year 1804, in consequence of the tom of 3,7001. being lent to him by Mr. Gould. . • Tlte Loco CH a ircat.toa asked whether any thing had been done under a clause of the deed of 1901, which provided, that when any dispute, either uppn the duties of the Manager, or the engagement of Performers, each party should name an arbitrator, and that their award should be' made a rule of the Court of King's Bench t This, his Lordship said, was a much more pleasant office, as it was not nee-ssary for that Court to ascertain .the ditties of an Opera Manager—duties with which be was totally unacquainted. It appeared from the answer of the Counsel, that nothing was done seder this 4ause. Mr. HART resumed. The Plaintiff. Mr. Wa ters, was an absolute owner of seven-sineenths of the property in the Opera House, for which a sum of seventeen thousand pounds had been paid by the deceased Mr. Gould to the Defendant. . By the principles attached by law to partnership con cerns. every partner was presumed to have an equal right to conduit and manage them ; and when cases °Cent, where, from the nature of the contraft an immediate dissolution could not, without hazarding the ultimate ruin of the whole property, take place, it was the uniform praftice and usage of tits Court to appoint a Manager to superitinmd and prom& the respetßive iaterests cf the parties. In great commercial cases. whore, from the variety and corn. plication of the interest', as arising between the part ners themselves, or as involving the claiins of cre ditors abroad, this principle was frequently ailed ' upon. 'There were either concerns. which bad ac quired such a sporunbart, as it was impossible for either party to stop within a certain period ; under that descriptiea the present concern and Coniet of this Theafre might be classed. It was impossible to &solo* the. sontrad under which the right of the • Plettielft and the Defendant to the • moieties in this property were sectikd ; at the same time that it was absolutely impossible to conduit its concerns in a proper meaner, without the interference of this Court. le was true, that by the deed of 1803, the management devolved, after the death of Mr. Gould, on the Defendant. But there was this ia. herent equity in all contralls, that where such a right reverts to a surviving party, it is under the force of these obligations which were originally sti pulated. What; then, did Mr.Goald stipulate, spew assuming the maaagement of this Theatre t He ea% gaged that he would devote his time diligently, carefully, and affively. to the performance of his various duties,• for the benefit .of himself and his j..int penprittor ; and most assuredly. the sub- . sequent clause, that secures the management to the Defendant,• as the survivor, is equally cou pled and coinefted with then: stipulated obli gutions" b! which Mr. Gould eras bound, and winch, during the period of his management, he uniformly 'fulfilled; Moreover, there was a re• strietive clause, athicb did net suffer .the Manager to enter in new contrail with agents or per formers, oe to dismiss ethnic-without she joist ear sent. With this injobeigens . Mr. Goad also com plied, ai Well as with other seipulatinsekef the con tra°. This Plaintiff % Mr. Waters t iestaivieg that there would remain no property lutise concern, ac cruing to the repertmonstivilef .Mr. Geoid, if he was bound to unmet nee coins& of the Weld r ant, seeks for prow:Oka in the intaspeeitieb it this Court. The affidavits of the Plaintiff . ..of Mmes. • Kelly. Lees, and Marion. state. that the Defendant inn neglefted his duties. &Judith's site personal at. tendance of the Manager is absolutely nimmary.— TIM Defending has' answered this allegation in a most curious way, vis. That it is sianecessary to attend personally, rave en a Sunday, as the rollout details of that mice can be as well ezecated through the mediem et a Deputy-Manager, and ley the corn. munications which the principal can keep up with his sub-agents. In other words, that the best men thud for a principal, who is bound to devote.his time, with the :nor enswearied assiduity and care. to the performance of *bit duties, is to surrender the whole superiatendence to his Deputy-Manager. The Defendant does not stop here, but has endea voured to prove, that it is notonly not necessary for the ptinciptl to attend, bet that his absenze is saluta ry; inasmuch, as a Deputy-Manager will be released from acceding to those indulgent's' and importu nities of the performers. with which, in many in stances, it would be probable the principal would comply. Thus, as all the matters of tad between the parties were admitted, the interference of the Court appeared absolutely necessary, in order to regulate their confilaing opinions. 'Dune were also strong grounds for this application, and for the exclusion of Mr. Taylor from the assuagement, to be &Ned in his missondigt daring the time he hes Iseidiabat situation. He has violated the stria peeving* wd . the eerd, in his dismissal of some, nul l t . of others, without the assent of the Aga find diis deviation froin his Sat f • atTanti the ` terference of this Court. ,Upon. tae write of Mr D'Egville, he would psi btu of his incapacity to fulfil sioular &Übe. illhe same lime, in different places, he wayru. nrseVioged• How could it be ascertained to' what ftod of gradation the principles "a appointing deputhee would ulti mately descend ! If Mr. Taylor appoints D'Egville, who has duties to perform at the same time at Drory.lane Theatre, it is not improbable that the latter will delegate his duty to some other person who has perhaps Sadler's-Wells as a concomitant.— There were a variety of other strong fans to war rant this application. In the engagemeut of that celebrated singer, Madame Catalani, of whom pub lic fame had spoken so highly, very justly in the opi nion of many, but not so deservedly in the judg ment of others, there existed a great difference of` opinion between the Plaintiff and the Defendant, This lady was originally engaged at the sum of $5OOl. by Mr. Gould, but this season Mr. Taylor had consented to give the immense price of five thousand, with other benefits, likely to double that amount. This engagement, if concluded, was completely in opposition to the wishes of the Plaintiff. With respect to the ground of this ap plication, in consequence of the right of mortgagee. under an equitable title. the Court would be told, that a part of the value given was in debentures, which were never paid : was it the fact. ft did not change the character of the mortgagee, although it roight lessen the amount of the claim. 1311: it is stated is the Defendant's affidavit, that were the accounts be- tween him and the deceased Mr. Gould adjusted, a large balance would appear due to him. This is the general story of the owners upon white property similar incumbrances have and do exist. But the Plaintiff has sworn, that he is in possession of Mr. Gould'i books, and that if those accounts with the Diffendant were adjusted, Mr. Gould would be a t erbditor to Mr. Taylor's estate to the amount of 10,0001. Then, with an absolute ownership of se -yen-sixteenths in this heitre, with a mortgage, coder an equitable right, upon the nine-sixteenths, the moiety of the Defendant, to the amount of ~5,7001. the Plaintiff* Only applies to this Court to 4 take such steps as will prevent the Defendant from injuring that joint property, whose proeperiry it was and is his duty to promote ; and. tbereloas, whys every circumstance is considered. anti when it is recelleeted that a afire facies had been issued against the Defendant's moiety en this concern, for the ?expose of liquidating his judgment debts, the Plairniff is led to believe that this Court will needs to the voyer of his bill. Mr. JOHNSON spoke briefly on the same side, and commented upon, the allegations in the depositioes of the Defendant. There was one reason alleged by him foe employing a Deputy-Matager, namely, that be did not understand foreign languages. It this reason was good for any thing. it would operate to disqoality nom front being Manager at all. Mr. Itsen•ens, oe the part of the Defendant, neat addressed the Court, and was beginning so comment upon the consequences of referring the appointment to the Master, and upon the willing. nest of the Defendant already to leave the disputed points to arbitration ; lite Loan Cit•acetton-- ,, When the Opera concerns were, on a former occasioh, referred to Sir William Pepys, who was a very good Italian lin guist, his whole time was taken up us explaining to the performer, what Mr. Lowtra said, and in cam ' manisating to that gentleman, who also did not understand foreign languages, their answers." Mr. Ha ILT—.." It would be well, its this stage of the case. to state, that the only point which the Defendant wished to leave to arbitration. was, on the engagement of Madame Catalani, at 5,0001. for the *recoil. And who WAS the proposed arbiter ? Mr. D'Egville, who was also appointed to an op posed salary of 12001. per annum. Had the' Pain tiff consented to this, it was to be presumed, that, in adjusting the eagagement of Mr. D'Egvi le, Madame Catalan would be proposed to make the award." Sir resumed, and observed, there upon which'ilie present applica first, ' the Defendant did not that was necessart ; d. that be w..__ •d incapable of doing thirdly, that he itad no power of appointing a desiy s. and lastly, the mortgage, upon an *lune. tide, one shilling of which Mr. Taytbr has stosnik ,not to be due. Team the 6ms of the firs at the Gpara House. when, so constituents of the in- csualsrantes occasioned by that dreadful aciident, Trustees were appointed, Mr. Taylor had, for a the period of 25 years; coaduEled, exclusiv, ly, the management of that theatre, without the slightest . imputation baying ever been cast upon him. Yet, "during all that time, there was a Deputy-Manager ; it was an Gram in every ether theatre. Mr. Waters Fermat take upon himself to say there enghenot to e one, because Mr. Gould, under whose- sight he .claims. always had one. It was an office which i not only had existed. but was both necessary and useful. It would also be found, that the salary of :the present Deputy-Manager was leis than his pee "decessort, and that a great proportion of that salary was to arise out of the profits and property of the principal. Surlily then, it was time enough for the Plaintiffs complain, when he felt aggrieved. But, with respell to the personal attendance of the De fendant, it was not the ciaestioo. He boa swore that he was there when 'it was amasser), and the success of his management was evident, trout the great receipts and increased profits of the Lbws*. Mr. Waters has insinuated that the Defendant was and is incapable. 11w Defendant bas posstively sworn, that he has attended when mortise', be cause ne inconvenience has followed t arid that, as IA is capable, therefore he has the right to eaatioes that atteadaace • " • J .... 1... - • the eicilnive litseater, anti* ha! int atone cosistiattes.lbe right a the JPlant tit airy Clairld Alla le -*Ufa iliplistina the precleded bf I Mired it ileresowil a regality. attendance daring the Last sent arced:stance ca one be considered as a tor now excluding him front she henries of tree*. Muth had been said the dismiss.' rain persons frosts the theatre. paranoia Jewell, the late treasurer, and Mr. !Lefty. this charge the El _ fondant has answered, that desired by Mr. Gould, on his death bed, to di the former, that gentleman having then et him of some Misconduft. of which the De has been convinced that Mr Jewell was in With respea to Mr. Kelly, his dial kt to government at the Operaehouse was well k Mr. Taylor. and he very naturally did not be shackled by the opposition of, a person tat form thstruttions to his plan of macerate I.,•:ms CO arca coa—“ What situatidn Kelly hold ?" Mr. H• et He was Stage. Manager, rettor of Chorusaes, for which he receivers and atted ender Mr. Gould as Deptry-h1 without any charge to the parties. Mr. Riese A cos, after a recapitulation of 1 ing arguments. and refltrences to the nil Deputy• Managers, at a higher salary Ah D'Egville had, particularly a Mr. Tessier, merly Ailed that situation, concluded by that there were no grounds upon which d could grant the application of the Praimifri as it did, to exclude the Defendant from t fry of a emeradt, wider *hid* alone the derived every right be bad so the Theatre tion. The further proceedi*g was poetpoued morrow t when Sir Samuel RomiMy will on the part of the Defendant. —aussa—. COURT OF KING'S BENCH, Nov. COUNT STUARTON. Mr. BIV•W moved for leave to enlin-p forsoerly obtained, for filing a criminal Id against Count Stuarton, for a libel (the which we lately stated to the public), be a been found to serve the notice enact him. The Male was accordingly enlamed by I to the last day of the term. s CHALLENGE. Mr. Arroanar-G as. 111011011 Bev sheer cause why a criminal infant:scion of beTranted against Captain Hey, for tr lenge to the Earl of Kingston. He which stated, that during the rebellion ii this Captain Hay was in the serviee of tl and the Earl of Kingston was at the mom a prisoner by the rebels, and *as trial* (Capt. Hay) with great humanity, or/ski means of preieritiog the Earl of Itingston f. w.trds taking any severe measures again Caetain.Hay was, however, a fte r w ar ds i Court Martial, and acquitted ; and, 'whew acquittal. he had made an applitati"ft mint for iademiliSearicn for the losses Is taioed in the It iihrebellion Up'n AisthvEll anon thought it his slaty to interfere, sal letter to the Earl of Hardwick., stating whi concerning Capt. Hay. Upon the Sth Ofto Hay met the Earl of Kingston upon the said to him, " these are my mends, (allud obese with him ) , s ad lam ( fit i l l t l e ig arr Light Dragoons; as you have ea my charaeter, I have a right to esprit sac logy as one Gentleman would make to Upon this the Earl of Kingston told him make no ap ,Ingy ; and asked him if he as a challenge? tor, if ha did, he would it that be did not consider him as a Gentl one who had been a rebel; and thiretor tied to have received -tiny compensation quence of the Trish rebellion. To this Co r' he did v'' month, months, , . eapiretioa . security fr their good behaviour lot Jeremiah 4 1001. and David in 501. TM& [IMO P. O*MTIAL !PICT° The circumgcaces attending this e fresh in the recolleaien of the public. Mr. D having. upog a fora obtained a Role to show atom why should not take place. es account of b to adduce additional evidence on halal leaden', he this day mowed that said R absolute. Air. G4lllOll said. he would take recalling to the recollettien of the Co the state of the proceedlogs at this sne suggesting what the c , ~,,,e must i m d v any harsher steps in this cause. Hit Pallas, had applied to their Lsedsb .. ~ . , - ----- • ' THE Jury. LAW IP —....- bettaVlstse COURT OF lir sltle C o m e d y of dfll La Me We . rformed, for the second time 0 Mt red the most unbounded a I ' WATI It S, ERtellid naiad, miss u ?? a' titiCA N t Mr. Fon•canque AISTOU'II Beverky i in tenth Defendant in this cal rably sustained, that it is inv she principal mann , ut any one excellence. After t. it by an order of is wav 's new ai 1 tle-l)nertra was pr. s trained from interfer as public expeffation had been tai referred to the Master y of the author, who had ahead lie with two of th e most popul person shegu it authority ori iyexerciseo o f t he slie produced, Parting the Wind an case, is the kxecutor s not disappointed. We con. s equence of a certaii ton the reception thi s most lot. and Mr. Taylor, in t production received last nigh proprietor in this tl most brilliant and crowded ant clause in this deed, t id. It is entitled tern{ of the Opera I,LA ROSF.NBERG. ' • Gould for his life. •maris ezesons. contra& the same rij - - - Mr. Raymond. The situation of a n we - - Mr. Ile Camp. ace of great interest - • - Mr. 'Moans. d.ir.., and requirin - - - Mr. Ammo n. Mr. Mathew s . ~• •,..! . 4 r. a a • -e and taut - . - lie Giant - Mr. Ray. death of Mr. Gould ; leans. Fisher and Meddocke. was, whether from -Masi.. Cimke Ind Mate. his pecuniary circa urn:en...Mr. Spark.. cause, rendered inc Wchb, Evans, Tokely. and Rhod es. intim, Gibbon, Smith, Mi:ler, Fit a nenJant.e at the (.); oitooonii r oe. are. impossible for him - - - Mrs. H. eidainu. assiduity, the dismiss - - • Miss Ray. did not test on min it . .. Mrs. Sp a rk s . e stlghbriudleed of • camp, in th e R {wont in the MEWL/it wits, and the setiou tate% place ". corroborated by th ..t victim , has • been obtained by eh Aurnoer of years, h he heroics's, Ella Rosenberg, is tits w pith the affairs and tome* a Page of the Pietter, a Indeed it did not re 11. -CAeltinct Mooneforr, a man of i and priasewing sit nolimited tele/• but was fully admi elves • pas4art fur Ella, at a time w terdant. He admit le Interim* friends. He then finds a , WAS One requiring I e rg;' who it provoked is draw his an diligence ; that hi it hn superior officer, and dreading t Ire severity of the military law h . his p resence was n hmitued, to the capital, toe the pis . ready and capable Trine., bog being heard no more imposed upon hint are Red his eoentry. At she co these allegations, t .Thtnia, two year, have elapsed sir others, positively si Resenberee wealth is carbonothers, of poverty, is ander the protect r.ccessary in dm M lest re Invelids. to whian she has be not give that peril ad, and her dying father. Moen that from avariety ,ra.s, pursues the object of his p.rai of giving it, and oda, and eaten it in disguise. In , I bra her off, he is eneouatered • necessary duties or violence of hi: Indignation, scars . assumed. To this ml's shoulder, and tianaples ow it. Waters goes ; and Wage, the invalid is made a p:nrin leg the last &ethos of her persecutor, and his fell. theatre not more LI r el. jetriantfort theta prem. ed. to - as his *eery, anti find• him co ' . ' day ; ,And for thi 4 praying for a support tor Rosso the csasequent de sae mach interested in tbei fate of , , raga. this Defeat 'wen M visiting ts ~ Iflewanies. it • himself—first, in cc ea of his retreat. Mountfort •is as one to alSsuade him ; but he b-li view which hi alle; sd, taking advantage of the El se , Mr. Waters last Ad enfewes hi: inertial law with the with personal viols ate kis WWII, he hurries Storm that be understood •edietely sondemhed. Ella, hoses Plaintiff, that it toed travellers, neaves, and meets b s his war to eser..uLon. Susan bas • for the sum of 10 aim mender of the Guard to endeave due by the Daley a of security, end at this grumped. parties. ItOM Wile a conceal from her his fare; but I . provriked, were n• is iteturn from him in a state of frantic) , niludted to a solitary inn by a soldier —I anon Of the Cass / la, the Ptinee, concealing his person, Gould became a visiting the cottage of Storm. On ll and his sepreseat an of wretched appearatx• having _ C011,11„,14 iroteda flying from p unarm ras;•.... a, . must follow trona triplicates of the Elef:tat this besets A brief conference ensues, in which tt exclusively caninr ng himself, is led to diatom that It sufficient tor the C sad violently Imprinned. The Beet that Me. Taykir I I where Ella has been, expressing his in there in the morning, and tender . ins in the neerso, sham pins the inn in safety, and Ella situation. Ihe ti ;tate of inseissibil it y. They are placed i in tlie pruglaions founifoit at...yes soon after, alone, i diligence, cautii .seeing her, 1 , . Induced, frets the wretch . rg, lb attempt to eugige him Yu guar attaching to the a eunveyance. Rodent:wig s moms* so expressly stat es he his request, &A on h is own eil one party in the i. WO. finds, for the f.rst time, die au Arid it only a per bill iru;Arisooment. An sffwnise di 'aeon Rosenberg and Ella, whoa ti , ashener it did rot; the entrance of SWIM of his pursuevas imperative o ',I into the power of Nl , ,unaftist. wiles sh iu him tO lielega er puisaers, whom he himself condor , other parkkii? 1 veto means he learns tint Romaine( upon flat m . i , . ak• had rues. The Pilau having 0 i of the wrongs of the oaten, th negotiant to Mr. e (lissome at Nlunutfort, the restoratie devolve upon do to tank and happiness, and the Mod provisi .n throng Mud. Taylor the deleg sting story, it will be seen th It was admitted ty We a chain of incients i that he ill net 1 of the fi rst order. In the use • the Plainti and r has shewn the skill of a mast deed does not a' sledge of stage effect. All • therefore, with i interesting and natural. aad . and who has no finished. !'he dialogiw Hagan of those who hat ed ; and the pathos hi maimed b sera, to apply to natiarada, a besatifol B person, in whore Aron of the sedate v ' coafided. The e mune weir to the duties is a aim. Mr. Bassinet' was I and Mr. Kelly rot appearance WO Niteroi season, be did I worth and 111iNlitykIIII we three times, ext.' ,it can never a better The Loan C. Mr. BASSISTER. His inesli province to appc lisplayed his usual timeli ne cern. of this l'lt tai a pifluto for an artist; h that no person, c [ and becoming, and her perfor m , be in that how ding ind part ., of Alla Busea4eria Sunday." e name Stooons. judgeat, ilrotald RA Mr lila t . Mr. Postal. A of . ad in the Blesser ; Mr. Esctsro this deed of 18. ,, party should en ig in the injured Roses/mg; M at justice to Menee.feedi as or performer, a sties, was gentle and p rett y . 1 . reams( both. ed all their wonted lib eralit y , of Mr. Gould, r, enalion was et scions, &c. mad Music are beaut iful. The dismissed, and ion of Mr. M. P. Kinn. Ale° without the con ;lee, which was well sun g b mutative of M FITZSIMMONS, Glasse, tc. an Jewell ; and 0 such was the anxiety t er to dismissed, withi siece, that some naharweisions !F ascertained or ii , sed it. The cortain fell anal Mr. D'Egville - nd acclamations, and the lo Kelly, at a lug sent, but again" the announcement for sand Gentleman wss Mr. D'Egville, .magi i much battik health thou •' • person had beet atioa ; and net emery to retire tram publ ic lane, it was in t 9 see her ghee the ur the two situafin I, ‘• - VII" ' . •-.14).,N award." Sir SAIIIULL R0M1LL11....." This is really the most talks«, althoigh ingenious, statement of a t r aasaaian„ ever witnessed in this (bent. Mr 'idy- ll« did propose to leave the difference of opinion between himself aliq Mr. Waters to. two arbittators, each party appointing one; and Mr. D'Egville was proposed on the part of the Defendant. With respeft to the disputed opinion, it was (Matti' out of the power of a Court to constituted as this, to ar- gue. lntleed, unacquainted as it must bit «ith certain merit", it was incompetent to decidtwbether Sigaora Catwiani 'Wild 'weirs a salary equal to . 51!a4.40 a Chiet Justice, and Madame Greats" one . evil Jo spring Judge." Mr. Iticisaaas resumed, and observed, Atte «km four grounds upon whichllie present applica- tion was broggliti first. that the lletendsot did not prf tote' pirtsua4. isteadasca that was necassart i replied in the affirmative, that he did ma leage Max. It appeared that he (Captain preCious to this, aElually received comp' Rule granted. 311111011 V. sisotort. Mr. &leant law, showed cashes agai obtained by Mr.blarryan, against the ewe Teddy, to whom certain aerences. as Clement of partnership aisoirts, had heel by their pertiessecenposing,a eomPany at for distilling genera. The partners origj Mr. George Bishop, SID: Mr:George - A and Mr. Argils Bishop; but upon' tl of the first of these Gentlemen, Sir Willi succeeded to his share of the concern. in support of the award, bat the Court no jurisdiction to art aside to award of tor, upini an allegation of erosive dr cept in cases wherein cortuptibli could t exist. This appeafcci char upim the I "taint* itseif. The Arroanav•Gemeaat ergtsell, or side, that the Arbitrator. had exceeded given to them, anddecidad open what WA accepted in the subrnimiott a and there ought to be set aside. ' • The Cows: thought, upon* examitt eubmissiori, that theArbitritEil had Alta ed their powers, and therefore ardent award be set aside. jeremia Riclwds and Dried Rkhend eicted of aliaulting some Revenue OE executioo of their duty, wed brought cries, judgment. • The Court ordered ; them to be imprisoned cite month, sad three months, and at the espiratioa then PMewin g on, I paiii4n hitheate 1 erg f' -' - ' It his