The Sun. — London, England, 1801-11-11 00:00:00

On ar, :ar, >rt- Ca AL. Stl , " t tall be :aVe Ired PARIS, - I\Tov. 5. the 'rely vheq -ow+. tp erccF the Jim isp- i Cir S t ~,~~~ t sino ~~. "THE CH E F CONSUL is to wear on Ms sWord, on gth inst. the large diamond called the Regent. , Colmt de KAL I TSCHE W is returned to Peters- Duro.h. - . _ _ . Afar an interval of two and a half centuries, 'the state of the Presidi has at length been restored to Tuscani by the' cession made .of it - to the KING of ETztiß lA. It was on the loth September that the A 4 of Cession and :Union was proclaimed in 'that port in the midst of the acclamations of the people. On the z7th, the happy event was 'celebrated by di. vers fetes, and His Majesty's colouis.hoiSted. Colonel WI.I,LIAMS, so well known for, his corn. end of the Flotilla, in the Campaign ,of Italy,.and Switzerland, is just arrived at Patis. "The bronze horses' brought from . Venice; are 'to ' provisionallY placed on the foul pillars of the fine gate of tile Grand Court of the Consular PalaCe; . it 33 Wished to ascertain whether they willhave a good effift there. The Consuls have appointed four PrefeEts of the Palace of Government. Citizen Luc EY3 Prefea of Cher, and DI v E LOT, Prete& of Allier, are, among the number. The preparations for the fete oT the 18th Bru .rllaire are carried on with aftivity, and announce what will be the result:- An uninterrupted cordon of yews, destined to re teive a part of the illumination, is drawn from the Pant Neuf to die Pont de' la Concorde, on the facade of - houses - on both sides of the Seine. A Treillage applied to the internal. partitional walls of the op posite quays, , and' which is to be hung with varie gated lamps, -ii prolonged equally from one point to the Other, and will producea magical died. Let any person figure to himself the surfaCe of the'rivew, ntnamented on both sides with a continued light, and further on a double rampart of fire artfully in lerrnixed, and he will have lant.an imperfeet idea of the coup d'cril which .the banks of the Seine will Present on l the night of the 18th Brumaire. The preparations already made in other parts of the principal Theatre of the iqte announce a plan iracett withloldness, and conceived with the en.: "thusiasm that the circumstance naturally inspires. - French funds 6olf. The i'rench Army is returning from Spain to rance. BovLomer, OCT. 30.---A part of our flotilla set t iff a tew days ago from Havre, the remainder set Exit hist night for Dunkirk with a southerly' wind, which freshened , considerably since their departure. itiCE, OCT: az.--..The bad weather has forced two Russian flags of truce from Aboukir to anchor 5 :" th e Port ;of Ifillefranche. They had ,on board 2 40 French and 160 Mameluks belonging to the ,irrison of cairo.—They will set sail as soon as I)ossible to,prforrn quarantine at Touhn: DRt} -LANs THEATitt.--The Grecian Dange. cn drew a larger audience last night to this Thea :tre than has been seen there since the secession. of except on the nights when Mrs. I.3lr— i.:Nwrcr:: performed. WtotrowrOu, who is always tespettabley gave a very impressive representation E , -..)aNclei: Mrs. POWtLL never faits in point of aplrity but her performance is generally too mono tonous. Her figure, person, and, voice, a* so . g` 3.6,1 that with a little more pains, she might refl..eY hthelf a powerful support to this Theatre._- Trace i 3.3 uniform energy in her manner that soon roses its eted on the feelifigs. She should endea_ tour to v a ry her exertilatis with those delicate Io4l ches of pathos that altfy i s' strike the heart', 'and *hid, without degraditAlierself, she might easily clitain by a more attentive Study of the manner of that greatABress whom she has so•often had an op_ tortunity of observing, and whom We hope to see Boon restored to the Public: ' NirHoAlki's new Opera has been read at. Covent , 'Garden Theatre to the pet-fort - nets who are to be tahcerned ill it, Sod they. are Ai very'well atis ited with the charaders which they.are to sustain. As these folks are not - easily pleased, this favour. , '!ble reception of the piece is a good mien of pro. °able success. NlAzz INOHt composes. the .Music, 'Which will; doubtless., be recommended - by science and taste: The audience at the great Theatre at Bourdeaux, I ' l . e re lately alarmed by an .exhibition which formed • / -1 1 ; ar t of the regular entertai nit ent of the evening. I ' s Was nothing less > than a young, tan falling ,torn, the top to the' bottom of the 'Theatre. He e lt on tht Stage; 'and we are torry to add, expired 4111 thediaW r . It is curious that the atidienCe though to mticliatßifted at this circumstance as to insist on the Play being discontinued; did not forget to take back their 71toney at ihr door.' The Norwich Company finished fit theatrical r.lampaigtl at Bury Fair on Saturday evening last, after one of the most sticbessful seasons ever ki oWn. it was Much /improved by the addition of seyeral rlekv Performers, and received an increased degree of apoause. The Corp 14 Ballet Was far superior to any that ever-appeared in that part of the Kink_ dorm : it compthed a groupe of six extellent Datiurs °F both sexes. Provincial Paper contains the following Ad lltrtisernent Ran ;;way, leaving his wife ' ll4 rgeabie to the Parish, r!,. T. :by trade . a sawyer, rough carpcnto - ; a ittquentet of public-houses, 41'4 when in - spiriCs a very good singer." j. fast Thurtlay night, - a trunk s containing wear .l)g apa rci and 'other roperty ; to a cOnsiderabie "lun p t, was tot ..frotn p the roof of the Brighton t ° ? , ch; as it Was i)assing over itiaCkfriars-hridri-. - . . The same evoiug, a quantity Of plat *as •sto - D from thcliouse - of Mrs: Rance, in Devcipthire , Wt•Cn-ssuate. The s;the night, the house of John rt;ekensOn,: in Ibrnard.otreeti Russell-square;' ‘4.w,.brotte open anti ro'sbed,of a large quart z''tY.:.-f.lfP!ate and otl}er' property to a considerable a r 1) Guru, with.whieb7the. robbers made their escape. -tite house of "Mr. Peevor, of Zrosv e n " night Ot-rOw,belsea, was entered by means of ;;f - !ed_Pts, -anti robbetl.of a .quantity-ef- plate - and 'inZ apparel. - re - 4fr - IZEPORT. COU.Itt - OF CHANCERY, TiiispAv,'NovEmsElt-Id DRURY-LANE THEATRE, • THE question before - the. Court this day'relative to the abOve Theatre arose out •of the 'foll6Wing circuthstarices. 2 • An order had been made by the Court'on the 6th March rBor, authorizing Mesdrs. Ford and Earn mersley to receive certain sums out • of the'receipts of the Pit at the above Theatre. On the nth June 18oz, another Order was made by the Court, partly reciting the'formei, and it was upon the construe_ lion of this drder that the question for the decision of the CoLirt arose. Messrs. Ford ..andlianithersley had, by virtue of the above orders, .received the whole of the sums taken at the Pit.doors, until, after .dertuding 4:51. per .night for the payment of the Renters' shares, the,whdle of the arrears due to them were liqui dated. After the arrears due to them had been thus liquidated, they still persisted in demanding the whole of the receipts of . the Pit.. This demand was resisted by Mr. Richardson in the absence of Mr. Sheridan, it being conceived; on the part of the Theatre, that Messrs. Ford and' Hammersley were entitled, according to the intent and equitable constiudion of the order of the i rth June, to re ceive no more than 451. per night for the payment, of the Rent Chargers; whilst Messrs. Ford and Hammersley contended they were entitled, accotd_ ing to the words of the order, to. continue to receive the • whole of the monies taken at the,Pit doors. • This was the point at issue between the Pro prietors of Drury-Lane. Theatre on the one hand, and Messrs. Ford and Hammersley on the other. The latter made an application, this day, to, the Court,. that the order of the :h June might be confirmed; and a receiver appointed uncle!' that or.. der to receive the whole of the monies taken at the Pit doors, for the purpose of paying the same into the house of Messrs. Ford and Hammersley. _ _ . Mr. MANSFIELD was heard on behalf of Messrs. Ford and Hammersley, who contended for the ap pointment of a receiver for the purpose of carrying the order of the Court of the I ith June into exe cution. I f OS .-" ;art hip ras, t is has :ais Lout del ess- the th!: :efe- out Lord vier bgr' od4ll tC reaur waV price f, to price atenj the t til ry to le in- ~ith a c i itS sq. i 5 a rla ESC'. )oint' lte Of ng vilete old i 5 (1 001 pe yes st erg°. ire of lAN S, • ta tCC was when lied ; Ana Ile: Lcrofr from three ~t o n, of a Mr. FONBLANQUE followed on the same side. The SOLICITOR GENERAL addressed the Court on 'behalf of Mr. Sheridan, and moved, that the `order of the I ith June should he discharged.. He proceeded to .state, that, Mr. Sheridan had never objefted to Messrs. Ford and Hammersley receiving 451• out of the.monies taken at the Pit doors, for . the" purpose of paying. the Renters', shares, or to their receiving the : remainder of those mopies until t . 14 debt due to them was liquidated, but only.con tended against 'Messrs. Ford and HamMersley con tinuing to receive the whole. of those monies under the doubtful letter of an order, when no objeEt was held out,to which the sums so received, after de dutling the 451., were to be applied. The Lotto.c.:ll ANC E LLott said, he, could not see what object Messrs. Ford and, Hammersley had in view in insisting .to demand the monies of . the Theatre, after a sum was obtained sufficient to,pay the Renters. If any thing was undertaken by the Trust Peed of 1793, it was, the payment of the Performers,. and he-did not see how , any body could' hold the. monies arising .from the Theatre against the demands of the PerformerL MANSFIELD said, the Trust D e ea only se lated to the possession of the Theatre. The LORD ,CHANCELLOR said, the Trust Deed' appeared to him to apply to the regulation of Ithe concerns of the Theatre, and ,he thought no one could take the monies until the Performers were paid. It might be a question whether the Manager of a Theatre was not to be considered as the Agent for all Parties, and personally responsible. The SOLICITOR GENERAL proceeded.---The whOle . receipts of the Proprietors of the Theatre during, the present season, for their own private purposes, had been, he said, only, zcol. which they had not only paid back, but also 7601.' more, raised by themselves. There could not be a doubt that the Proprietors ought to have the means of satis fying the . nightly and weekly demands of the Per formers, and the immediate wants of the Theatre.. The motion that had been made on the part of Messrs.. Ford and Hammersley Went to lock up the grealest part of t`he receipts of the Theatre, to take it out of the'hands of the Proprietors, and not only to take away from them all the means Of con tr6til over the concerns of the Theatre, but to pre clude them from the possibility of at alt carrying On the business of the Theatre; and if the order of the i rth June was enforced, the Theatre could not go on: That the object of Messrs - . Ford and Ham inersley's application to the Court, was completely inimical to the inte6.sts 'of the Renters, Was evi dent. The Renters were intitred to- is. 6d. for every night of performance ; brit only for those nights on • which any performance took plate i't was therefbre clear, that if the monies of the Thea tre were taken awayi the Proprietors' ratidered un. able to pay theriecessary 'expenees of the Theatre,' arid its Exclieqiiet slint up, that no performance could take place, and. the interest of the Renters most be Conipletely defeated: MesSrs. Ford and Hamniersley. were in the undisputed nightly receipt of 451. from. the Pit, and from the .Boxes, mak ing together WhiCh arnourited, iii the course of the Season, taking it at lod , nights, to the -86111 of 2,6001., Whilst they Were not called, upon to pay: the - Renters until some time after the terniina_ tioh or the Season. Yet not contented with this, they wanted ro,oool. r_z,ociol. mote, without being able to state any purpose whatever which could justify such a claim, or skew any obje& to which the Money was to be applied: He therefore hoped the 'Court cyanid allow the ordet to be dischaiged. Mr. Pi cor.addressed .the Court on the same side. He - stated, that there were 300 Rent Charges upon the Theatre, at zs.'6d. per night each, amounting to 371. tos. per night,' and that -Mr. Sheridan had consented that Messrs: Ford and Hammersleyshould receiie jl. toS. in .addition to that sum, for in .iurance and -contingencies, making - in the whole :4.51. per night, which Messrs. Ford 'and Hainther- Sky had constantly received. Supposing the lie ,ceipts..of .the Pit to average one hundred pounds per night, it would anaount . ito twenty thousand pounds „, • in the season, - hialtta ; the sutr taken tiy Messrs. ' Ford and - liammersle.y out Of this, at a. 51. -per night, 'amounted to 9,0001. and they now wanted to take the remaining I r,oool. and sweep away, as' it were, the, whole property. The LORD CHANCELLOR asked who were the Propriettirs of the .Theatre on the hth of March ISot.. Mr. PICOT said, Messrs. Sheridan, Richardsop, . and Grubb. . Mr. MANSFIELD denied this, and said, he he- lieved Mr. Sheridan to have been at that period:the only Proprietor, because Mr. Sheridan had, in his Answer to the Bill filed in that Court, not stated any other person fo'be Proprietof beside himself. Mr. PtOcer said, it bad not been . atternpted tb be controverted that 'Mr. Richardsoo.and Mr. Grubb were - Proprietors" of the Tlie4:txe-•-;' -The surpliii Of the monies, after paying rent and .arrears Were, it ap peared by the construction of the order, to be sub_ jed to the order of the - Court,. but was' he to be told; that in consequence of this, Mr. Sheridan could pay.the Performers ? If the Performers were not paid, the Theatre must Out i—and would any ' one say,'-that Mr. Sheridan could touch a single shilling of the 11,0901. which would be thtis locked .up in the hands of the Bankers ? The Motion made on behalf of Messrs. Ford and Hamniersley was; he : Said, unexampled. ss The' LORD CHANCELLOR- wished to know how somepart.of the monies received by Messrs. Ford' and HammersleY, exclusive of the 451. was to be applied. Mr. PiGor said, there was rol. for the Duke of ' Bedford's Rent ; 31. for 6001. advanced ; and 471. 'IOS. for the il. Renters' Shares. The LORD 'CHANCELLOR . said, he had expe rienced with reaped to the Opera House, and other places of that deseriptiOn, that 'it was impossible ad . make all the Persons interested Parties. That Court was inc6mpetent to manage ,a Theatre; it could only make an order: to: regulate the interests of all parties,So far as known. It appeared by the correspondence between- Mr. Sheridan and Mr. , Troward, that the former had given his consent to an order which should'make provision for the pay ment of the Renters' Shares, and of the surplus to himself. Mr. Sheridan had afterwards construed the Order according to this intent, in the way in which he himself, or any other person; would have construed it, according to the principles of justice and equity.— It was perfectly just that there should bean accumu lating 'Fund to answer the demands of the Rent ehargers,and the several sums of 101. 471. cos. and 31. before alhided . to. But when a sufficient sum was accumulated to answer these demands, it became a very important consideration that the whole monies of the Theatre should become a dead fund, produc tive to no one except Messrs. Ford and Hammersley, and whether accumulations should cease 'when ,enough-was.obtained ts.3:cover - the demands, or con tinue for the benefit of. persons interested.- - Mr. PICOT proceeded. If the Order was• --confirm ed it' Would,' be said, he the most serious injOry to the Rent Chargers. It was well known that in the early part of the season, the Theatre was - not pro dudiver on account of many - families being absent frOrd town, If Messrs. Ford and Hammersley could not .then make ifp'the.suffiS they were entitled to receive, they must have the monies till the defi ciency' was covered; but was it to be said, they Were to lock up all the monies .of the Theatre in their shop till the end of the season ? 'The Per formers and persons employed in the Theatre, could riot wait till that time, and if the Performers were not paid the Theatre must shut : it was impossible • tocarey.on: trade with Out materials. The interest of all Parties concerned in the - Theatre must be by such a. measure defeated or injured, and it was surely • impossible such a Motion could be granted. Mr. STANLEY followed on the•same side. • Mr. AGAR offered himself on behalf of Mr. 'Grubb. The LORD CHANCELLOR said, 'he did not see how Mr. Grubb was individually afFefted. Mr. AOAR said, by the trust deed of June 1793, he appeared as the Proprietor of one-seventh of the property of the Theatre, and it was stated by that deed, that Mr. Grubb was appointed .Treasurer of . the Theatre. He idas proCeeding to read somepar'ts of the deed when The LORD CHANCELLOR said, ate had read through the trust-deed of June 1793, and he was perfettly clear, that under that deed the Performers , must be paid, and that the Bankers could not hold the monies of the Theatre against the demands of the Performers. It was distirial 'stated in that deed, that the profits were to be applied' to such and such purposes; add what could be deemed the profits but that surplus;' after paying the PerfOrmers and the other•outgoings -of . the Theatre.?' He ap prehended this surplus only .could .be deemed the profits, and it was but common justice to pay the ' wages of the-Adorse It might become a question whether the Rent Charges did not cloathe those who held them with the eharadetof - Trustees, but. who ever atted under the titist-deed must at according to its provisions.. Mr, BHERIDAN rose and addressed the court. 'He always Understood, he said, that under the Trust Deed. of June 093, the Performers we're to be paid in the first instance t ; . and he wOulrl not' sign or consent to the Order, until wards were expressly inserted - that it should be without' prejudiee to that Deed. • The Trustees had agreed.for the building of 'the, Theatre for 75,9001. and: Mr. Holland stood pledged to finish it for that sum. Thai bum, however, was spent, and the Theatre was not corn, pleted in any of its ,parts, but required the sum of ro,oool. more to fit it for_Represeotatioti. It was a qUestion-whether he was bound to pay that stain; he contended nor, as he had given ,no orders ;whatever relative to the building of the theatre., The Deed which had, called himself, Mr:Richardzion, 'and Mr. • Grubb,sole proprietors of the Theatre, had declared.a n titter falsehood, Messrs. Grubb and Richardson .oniy deriving certain' rights,from himself... He was told, however, they .should.be so stiled; but the Solicitor for the Bankers, after he (Mr. Sheridan) had, signed the deed, drewnp a MemorandUm, which was exe cuted, expressly declaring, that nothing ire the' deed should be copstrued . to invalidate the. exclusive pro ' perty of himself (Mr. Sheridan) in that Theatre„Sinee. that, Mr. Richardson had become an atluarPrOprietor, having purchased quarter of the Theatte., The sti Theatre could hot stand, said, .ppainst.'ttie ex - 7. • r• •• F pences'cansed y 'Gentlemen comin g -Ma) . ....Otir4 tr. SO many cliff:se: characters: In his, Letter to Mr; Troward, he ha i, he said, censented:to MesSrs.lFor4 and Hammersley raking, the whole of the'Pit - Money until the Arrears :due to them were paid, and then that they should rake 4.51. per night for the payment of the Renters' Shares. was not bound. to. then . more than 401. itzt rather than there should be the 'remotest prosper t of the Renters suiteririg: b y con. , - th . rgencies, he. l: Lt agreed' tO ma k e i t 4-5:: Rut it could rpt,thr.a / oment b cOnceivcd, tf.4't hfshould consent. to a 'Ft t'posal which wept to locl&ttp , 'the whole receipts If the Pit, and prevent ih , .!rn from' being, applied tc It s the purposes of the Theatre until rue end of the s eason. He_ was not obliged to open e theTheatre. It t;;;is clearly the ipteresrot the Renters that the Perfori t'ulces should go on-. - 7--but Low could they go on 'w'.,thout money - . Mr.. Troivard pro_ posed the aide r to him, and recommended him to . consent - to it. He had coris.ehted to it. .The Order so far stood agilirist him, and if persisted in must - cauk the shutting up of :he Theatre. 'But how had he - consented to it.? He had consented - to an Order founded upon those circumstances which be had fore staled.. He did not Understand exaetly the grzitntnat ical corfstruftion of the Order ; all he .un derstooCi wits, that Messrs.. Ford 'and Harnmersley were entitled-to no more than 451. on; of the -Pit Money.. He was afterw,nds told that the . . Order was torched in:a way which did-not exaajy suit his meaning',; still, however, he was given fo tinder:. stand, that the %vording of - it was of little conse., quenee, lisits'scope and. tendency were perfeetly un:. derstood. . It was. found, at length, that the Order was to he strictly acted upon according to its Letter; and that direftions were given by the' Bankers for enforcing Richardson in his absence had given contrary dircftions ; ttnd he could not say that Mr. Richardson was to blame, becaiDe the:Theatre could otherwise not have gone On. ~,'Messrs. Ford and Hammersley had. now, how.. ever, served a second notice, and appeared deter. mined to seize the whole of the Pit Money under the aUthority of the . letter of the Order, .but cen. tainly . con:rary . to its spirit. He' apologized .for troubling the Court, but he wished for relief front the effe& of an Order into which he had been en.. trapped, acid That the Trust Deed of s 793 might bc executed in all its provisions without any restric tion. Mr. .AoAit ryas then heard, in behalf of MG Grubb. The LORD CiskkcE,LLoit said, it was of little .consequence whether iVlessrs: Richnrdsoband Grubb held derivative or adual rights in the property of the Theatre', prodded they were so 'far 'interested as to he / parties to this order. • Mr. MANSFISDD offered hiMself in reply. The LORD CHANCELLOR said, he was sorry he could not hear Mr. MANSP“ILD in reply, but he was Compelled to be else Whereat two o'clock. He hoped the concerns of the• Theatre would not coffer by a few hours delay. . The order having been Made brconsent, certainly ought to have been entirely ap proved'And'reiidered perfealy consistent with 'the in.. • terests of all Parties•. it had struck him very strongly that the Performers had not only a moral but a cove_ nanted right to be paid, nor could there be any pro_ fits until the PcrforMerS were paid. lie saw many Gentlemen before him who he was convinced would settle this business as well as it could possibly be done by the COurt, because they would a6t upon the prinCiples of Justice, which was all that would 'be requisire. He wis'afraid, it was iniposiible the in terests.of theTheatre could be settled in that Court before they were ruined. He had found from long experience, that that Cou'rt could not, in cases like the present,do - that ample justice to all parties which ; was necessary . and requisite. The further hearing Was then postponed till to. morrow, CC)URT KING's BENCH, TUESDAY, Nov. zo. KINQ AND OTHERS V. WEBB. Mr. MINGAY moved for a Rule to shew Cause why the Defendant should not he discharged 'out of cast Ody-, on filing'Common Bail in this Case. He moved it on the deed of the Affidavit op which the .Defendant Was held to Bail. The Defendant was, lie believed an Usher 'at a School, or something of than. Sort. The Affidavit on which the Defendant, whose name was Thomas Webb, had been arrested, appeared to have bed: Made by a person who stated hiniself to be the Clerk of the Plaintiffs John King, Geo:'Rochforcl, P.nd Geo - . Rogers, [as we caught the 'names, but of whiCh we are not sure, being con.. fident only, We , heard the name of, John King, as the first in this Firm]; This Mr. MINGAY stated, was a Firm of .a flanking-house, : Which, had been lately opened about Portland-place. He moved this, as he had said Already,. Upon •the defea which ap— peared in the Affidavit on which' this Defendant was held to Bail. It stated that, he was indebted to the Above Plaintiffs in the sum of One Hundred and Ten, without adding the word -" Pounds,"', or any other word. It was, indeed, not difficult to, conjeaure that the Affidavit must mean "Pounds," but he apprehended frorn this omission, 'the Defend. ant was entitled tO be discharged, and he hoped the Colin. Would be of opinion that Common Bail would be satisfatabry to this respeaable Bankin . .house. Rale 'to `shew C'auSe granted: THF. KING V. FORGE AND. OTHERS. tvlr.•EasKiixt stated, that this was an Informa. tion filed by the late Attorney General, against Forge, - Stevenson, and. another, for aconspiracy to' keep out.. of the way,. and prevailing on ,a Witness -who had been duly summoned by the Commissioners of the Excise Office, to abstain from giving his evidence before them, on an Information duly ex.. hibited to therri,..Sce. .of which the Defendants lead been conviaid before Lord K.ENYOn and a Special Jury, in Guildhall, London, at the Sittings after the last Term. He now moved that this Verdid be set aside, on the ground that the Summons. by which the Witness, whose absence the Defendants had conspired to occasion, and had caused, was, not a le l SUMinons, under the autharity of the Mt of Parliinaent of Ith snci Bth . of King William, cap. 3, sec. 4.. by which alone the Commissioritri had power to sUrnitiOriTi - urWitieis, is that p, .4 1 . 7 c.