The British Press; or, Morning Literary Advertiser.
London, England, 1815-12-15 00:00:00

71IE AMERICAN TIIEA IR P..

The following Law Report extracted from a
New York Paper of the 17th of October last,
throws some light npon the internal economy of
the American Theatres :
.It7sTlcEs COURT—Iot WARD.
STEPHEN HATES V. JOHN

This was an action brought by reeneer
flout the Defendant the vane of the ..-ereices ren-
dered Defendant by Plaintiff's apprent;rex.
It appeared in evidence, that the Dereiolaht held
in the New York Theatre the station of Captain
of the Corps of Supernumeraries; that at Ilse
commencement of the present theatrical 041111.
pingo, the managers advertised that tics wanted
to engage a certain number of tespectalple
young men" as supernumeraries at that tip•aire,
and referred applicants to the resitfeher of tie
Defendant ; that the names of applicalits, when
approved by him, were taken down and num-
bered ; that those who were thus csioaged had
the privilege of attending the the:mica! exhi-
lions every night of perfoimainte gristis and
that when called upon to act their pat t on the stage
as supernumeraries (soldiers, attelidanis au great
men, &c. &c.) they received from the Defendant a
ticket, four of which entitled the bearer to reel-lye
one dollar from the Defendant, on being presesite:l
to him. That two of the apprentices of the Plain.
tiff had thus been engaged, had appeared no the
stage, each of them about six times this seastio, for
which they were paid by Defend:nit twenty-Kee
cents per night, and had, on other nceasions when
they did not act, been freely achnittt.l, as often as
they wished (which was almost every night of per-
formance) toe view of the exhibitions.
The Plaintiff offered to prove the damages stis-
tainci by him, in consequence of the evil habits
into which his apprentices were drawn, iii mime-
qiience of this engagement - • such us krepti g late
hours, which unfitted them for the performance ;pf
their usual duties on the next day, &c. TI is
testimony was objected to, and over-ruled by the
Justice, on the ground that the techipical form of
action chosen by Plaintiff being to recnsei a com-
pensation ineetly.lbr services rendered, and hot an
action oil the case of damages for unlawfully re-
taining his apprentices, the Plaintiff could only
recover, in this form of action, the value of those
services.

The Defendant in his defence relied upon three
groisinbi that he did tot know that the per..
SIMS I hits einplo)ed were apprentievs—secundiy,
that Defendant was merely the agent of the mana-
gers, and that they (if any) were responsible to the
Plaintiff, and not him—and, thirdly, that as tl,e
Pl:dotal' did not employ his apprentices after sun-
set, said as the services rendered at the theatre %vete
done after that time, and paid for, the Piaiiitiff
sustained no injury or loss of services.
To the first part of this defence, it was replied, that
though in the ease of a hired serrynt, notice of 1114
being such, was necessary to make a low employer
responsible to the master tier retaining hum; yet ticit
in the case of an apprentice, the law slid not regime
notice to snake liiin liable : an apprentice being
always a minor, it was the duty of 1)yr:oils emplny-
iiig minors to ascertain that they were not at -
prentices, or to obtain the consent of the lin-
rent, guardian, or master. To the second ground,
it was answered that the retaining- an appren-
tice without the consent of his masts r beini• ail
ankle:Al thin/;, the Defendant could not tiffieitl
himself on the ground of his agency ; a principal
not being responsible for the milaufal ;let of is
Agent, unless done by his direction, in case
boils are liable,

The cause was ably argued for the Defend:l;A ;
but the Jury, after retiring for a short titne, !p-
-lumed will) a verdict fur the Plaintiff, five dollars
damages.

PRICE OF STOCKS YESTERDAY
Hank Stock '23ft 72
3 ve. et.nt. Reduced .
4 per Et tit . 747, ft! la
I iig Annuities
ttinti:inn
In ha Bonds
F.sulietilier Bills
Consols fcr Acct. -
T. DISH, Stock brnkt r,
4, Co'lllllll, nod 9, Charing-ernes.

BIRTHS.
Lately, in Upper Harleystrtat, lady Isabella Bryabze., ttf
a daughter.

DEATOS.
011 Tuesday 1110, at Sutton, Joh Bitch, aged 10: to, hoil
been 54 years an otitiwnsioner of the citadel of Hull. 11,
was ut the taking of 15 lisle, and lifterwards was made • pri.
soner at the landing of the British troops in St. Gaskin's
Pay, in FERIICe.
011 Thursday last, nt Grantham, aged 87, ttlr. nilwar.t
Rawlitison, a restwctatile scl 'Waste' ;on the prereitiwz
Thursday be suffered the amputation of his leg a: d I
rendered necessary from au incident lie unit with Au Ito:
youth. He wan isuivemalls respected.

141611 WATER AT LONDON BRIDGE Tills 11AV.
Morning 5.2 after 12. Evening 20 after 1.

LONDON Printed and Published at the Office, No 127,
Stinmil; where Advertisements are rev:awed, mid Lot, la
(post paid) must twi addres!ed —C. smiTti, ),
ciemrnrs WHITE, No IC7 Stta+,3.

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