The British Press; or, Morning Literary Advertiser.
London, England, 1809-08-11 00:00:00

THEATRES.

FUN M tCKCr.

List night was presented the Mainsail En-
tertainment of The Hunter of Me Alps. This
Piece, from the pen of Mr. Dimwit), has been
revived at this Theatre, and got up in a man-
tier which reflects credit on the Manager. Mr.
Jones, in keliz, and Mr. HOLLAND, 111 Rossini,
appeared, for the first time, in those characters.
The former Gentleman delineated the character
with great effect. The lively and the pathe-
tic were finely discriminated. He was excel-
lent in both. Mr. Ifou.ssuni also was very suc-
cessful in Rosalei. The whole Piece was wot up
;r1 the best style, and received with plauliti.—
The Mtio-Drama of Tack compressed into two
Acts, and the musical Farce of Killing no Murder.
followed, and received the moat marked approba-
tion. Among the Nobility cud Fashionable' pre-
rod were, tie Marchioness of Down:max, Lady
STEPHEN CoT VEMELL, Lady BICKLItTON, Lady
PAGET f, and Lord H.oseat EITZUIia&LD.

LYCEUM.
Mr. Qutcr closed his engagement, last night, et
this l'lwtstre, in the part of huge, the Jew, in the
Opera of The thlemen. air. PRILIPPII9II mine were,
use4l, "cored *ibb entrinsinam. The opera
went off with ,eeet spirit, snares:rived unbounded
applause, fi ,in w brilliant and crowded audience.

Yestc,..ay morning. His Mmerre, Princes'',
Avcvsr♦ and SOPHIA. actfogispanied by Lady G.
Mu RILL Y. General" Carrwarcnr sod FrezzoT.
the Ihrt. Col. GREVI mud Col. TAYLOR. rode
iu Win.i.or Park, end returned at noon. The

Princess F.:Liz/tetra, accompanied by her usual
attendant., rook an airing to Frogusore Lodge. and
walked in tile gardens.
Lord EMIL! N 6 is on a visit to Lord w, at his
Best, near Portsmouth. Lord Ell6Kl N 6 daily visit.
that town, which he represented in Parliament when
a commoner.

We noticed, in it former Paper, the baptism of
the infant son of ROBERT HEATRCOTE, Esq. on
Worinewlay, the 3(1 inst. by the name of GEORGE
AUGUsTrs Fnaolailcii. The Sponsors were, his
itnyal liighire•os the Prince of Li'srss and Sir
GILRGRT HEATficoTE, Bart. The Company pre-
sent were—the Duke of Derowsvtaa, the Duke
of ARGYLE Lori Eftiat Ns Mr. SIir.RIDAN. Dr.

MaIiELLA', and Mr. LAI'OIIE/M. with tile respective
Ladies of the Finally, aorl other Fashionable*. After
the baptismal ceretuony, the Company sat down
to a sumptuous dinner, and finished the evening
with mirth and pleasantry. in which the Royal
Sponsor bore a distinguished pert.
A very spirited subscription has already been com-
menced in Wwlyerhampten. to promote a general
Vkstivity in that populous town And imigl.bourhood,
on the dad• in which His MAJESTY commences the
60th year of hi. rrign ; and • Committee is about
to be apponv.ei: for the above paleiotic purpose, to
conduct It similar fete in Stafford and vicinity.
The last arrivals at BO h tire—

Lade sad Miss Crofton Hon Mr nowt Colonel Tay-
lor, Maior Ritoil, Rev. Ur. Droaght, Ilea. Dr. Codyer,
Bee. Dr. Gardner, Dr. Ferguson, Rrv. J Saver, Res, Mr.
Still, Rev. Mr guinlmm, Rev. Mr. Manurell, Rev. Mr.
alakesey, Captain Black3ll, Captain Geurr, Liestettant
White.
The Insr arrival; 91.1041ek. /hi ➢lath. are :

Mr. newish and family. Hon Mr. and Misses Windham.
Cul .nri Hughes not fAmily, Lady Gorhrane and &nighties,
..—.—. %Von:mitt, Esti the Ilisa Chalmers, "dm Money and
daughters, Ca t. tivolintg,lt. N. Nev. Wm. Cap" Rev. Mr.
Era is. Lady Maltnei6dry, t:oloncl Jones, Mrs. and Mi.s
Alt tluddle,tosie, Esq. Cuant Molar, and Dr.
A.riorig the recent arrivals at Elinbargh are-
- - - - - - - - - -

Lord avid Lady Laraine, surd the Ladies ierey, J. H.
Helap, }:eq. 8413 Hrs. Heise, J. Kersopp, Esq. awl Hrs.
Kemp, Miss Gibe**, soul Capt. Whits, Drasow(hardar
The Newcastle 'fliesitre will close ou Maeda,
nett fo► the seJtem.
Mr. lismi,suir closed his engagement at the
Newcastle 'flieatre, on Wednesday last, on which
cm:region' he performed the part of 1.0611ey Mile
Molter, in the farce of The Revino. It was fur
his own benefit.
Mr. B•rt N were will open his second Beidget for
1009, at thy Shrewsbury Theatre, on Ttiesday
se'tesight, and promises his visitors much ninth sod
fun.

l• playing with great suecass at the
Cark heutre. Of her performance of Madame
Clersount, ill Mr. 1/t3totto*% May of 4drian and
Orrila, The Cook Mercantile 'Chronicle

" In that part especially, where gnat Buttering.
and woe were Midgettell by speechless sensibility--
where the •ppression and sorrow of the bra-t stint
up the capacity of utterance—her delineation of the
character was inimitably excellent; it exhibited su-
perior judgment :Ind conception...abilities beyond
almost any thin we have yet seen in the theatrical
..utrofeission."
When the news arrived at Laugholin, that the
Couutew of DAL[LITII was Safely deOrrr,s) of CM-
other son, a large party of gentlemen and trailers
dined in the Crown-inn there. The healthy of
" Lady DALgetrit and her infant sou,- werri
/runic with three times three ; as were aliso those
of " Lord DALREITII and all his yottrii; f reilY;"
"The Duke and Duchess of Btict Lt.: cot ;" Lady
CAROLINE DOUGLAS, and a happy hoot to her,"
&c. &c. The company, after expresNiag much
pleasure at the jovial event which had assembled
them, as adding strength to the noble family, part-
ed at a late hour. Much glee ar,l •nc,al iu:rth
prevailed upon the occasion. Ili, Grace, when
lately at Larighnlis Lodge, on his way south, hat.
ing expressed a wish to become a member of the
Eskdale Fannet Club, which is both numerous

and highly respectable, was unanimously admit t
on the 2.1 intent, by an open tole, as also Lord
DALIEITH. at his Grace's request; and tneir
health, si new members, was drunk with the pro.
foundest respect. It was likewise moved, .111.1 ivi•i-
niisiously agreed ta, that their names should stand
at the head of their list, as a due mirk of respect
to such illustrious members. The Club now
amounts to upwards of sixty members. some of
them gentlemen of the 01de.4 and mast respectable
families in the south of Scotland.

NORWICH ASS IE ES—( Coottins f ed.)

LADY NIGHTINGALE P. PHILLIPS.
This was an action brought to recover the pos-
session of a farm at Wrettou, iu the Isle of

granted by the late Sir Edward Niglitigsle, un-
der a power of leasing. contained in her Mari Inge-
tettletueot. which was in the usual tri.ns, that he
should reserve the best improveable rent% which
Lady Nightingale thought was not etlected. Thu
cause was deemed of serious importance, inasmuch
is it waist, in a great measure, to prove or refute
the validity of leases under such and annular cur-
CUMbtanCel. It was clearly shewu, on the part of
the Plaintiff; that Sir Edward Nightiogsle had let
this Erna, consisting of 7no acres, Nu only of
which were arable, to a Mr. Wallace, ins steward,

at 2401. per annum, who was previon-ly offered
2,01. he, himself, then lowing asked 3001. fur it,
on the part of Sir Edward, and it had lieu deemed
worth 3301. and even 3301. In the year 1794, Sir
Edward, then Mr. Nightingale, gave /ciliate a
lease of this farm for :al years, at what war believed
the low rent of 2401. and under such covenants as

the Plaintiff deemed inatlmirsible by law, they
being contrary to the customs of the country; mud
us to the rent, Lady Nightingale's innrriage-settle-
meut declared, that the estate in question should
be let for the best improreable rent. The covenants
of which the Plaintiff complained, permitted the
tenant to take off the arable laud three crops of

grain without a Fallow ; and, moreover, gave him
the liberty to break up all the pasture land for
tbe.tirst 19 years, provided such land was laid down
again at that period, so that there would be then
the original quantity of gram-land for the in.com-
ing tenant. Added to these circumstances. Wal-
lace was allowed to sell MY the premises VI loads

•
Of hay, and five acres of turnips. every year. except
during the lest three years. As a proof, on the part
of the Plaintiff, of the injury she had received, and
continued to receive. since the demise of her hus-
band, iu 1804. it was mated, that soon after Wal-
lace obtained his lease, he went to market with

it, and asked t6ool. upon its security, so good
a one was it cenaidered ; and certain it was, that

Wallace did let off a part of the farm-horse, mid
a huudred and twenty acres of lend, for 1001. a-
year ; this under-tenant, however, agreeing to pay
him 3001. down, (three years mut) ; and after-
wards, in 1797, Wallace let more of the grass-
land, at 4181. making a total of 5381. of that meat-
patio:), for which he gave only 2401. besides re-
tainting some in his own possession. But, said the
Learned Counsel, this is only the beginning of
this piece, the second act is still to come. In 1799,
Wallace became insol vent, and Sir Edward Nightin-
gale, who was bound for him to the amount of
14001. gave his consent, that the remainder of the
lease of the whole farm should be transferred to the
Defendant, Phillip., who had demands oti Wallace,
and who agreed to give 4001. a-year for it, on the
coodition that his covenants should be the same,
and that he might have the liberty of giving it up
vAeaeeer he liked. Therefore, he might crup the
land iu that unusual incliner, as long as he pleased;
and break up and crop all the pastures, and then
leave it, to the great detriment of the Plaintiff and
in-corning tenant. This assignment of the lease, the
Counsel contended, was illegal, inasmuch as it was
not °My contrary to the act of Lady Nightingale's
settlement, but also as it related to the covenants
it contained, and to the rent affixed, which was not
the most itoproveable rent. Several Witnesses were
then called. One acid, that at the time Wallace
hired the farm, he would have given 3001. per ann.
for it ; and another said, he would have given 3501.
if he had known there was clay to be found, which
there was, he ranee learned. A farmer in the neigh-
bourhood said, it was worth a guinea an acre, 7001.
a-year ; and another, that, in 1793, it was fairly
worth 3301. Land-surveyors and land-velners of
the fast eminence were called, who deprecated the
covenants, and thought the rent too low ; and an
Attorney proved, that Wallace wanted to borrow
of him 16001. on the security of his lease, some little
time after he took the farm. Such was the case on
the part of ti.a Plaintiff, and by her right of mar-
riage-settlement, and under such a violatinu of it,
did she reek for redress, praying for the recovery of
possession of this farm, near five years of the lease
being unexpired.
Mr. Bear, as Counsel for the Defendant, began
hie ebservations by stating to the Jury, that this
farm consisted of 700 acres, and begged them most
particularly to notice, that only 120 were arable
at the time of hiring it. That, of the 600 acres of
grass, 350 were what is called adventurous, or
very ordinary land, subject to lie flooded, and
not by any means deserving the name of paistnrea
and the rest war feu-land also, bordering on the
adventurous., and them, and even now, liable to the
visitation of the waters. The Learned Counsel
asked, why did not Lady Nightingale, if she con-
ridered At tint that the had been defrauded of any
of bee right, why did nut leer Ledysliin, immedi-
ately on the death of Sir Edward, express such
sentiments, and try to effect then, what she was
now so desirous to obtain—the possession of this
farm ?—But she continued for four yeers, from
the year leo4 to 4808, after her husband's
death, to receive every half year the rent of the De-
fendant, end now most soddenly wants him to quit
his oceopetimi. Gentlemen, urine' a lease be a
gross redatiun of a positive restriction, it cannot be
iiivslidated, and this certainly was ,nott for Lady
Nightingale's marriage-settlemeut said nothing
about cnveoants, and as far as relates to the rent, 1
011411 prove to you, by the most respectable and nu-
merous witnesses, that the money Mr. Wallace gave
4. 1792 was out only a few but a full rent, and that
the estate is now must astonishingly improved.
Gentlemen, with respect to the taking three
coacerning which so much has twee said, I must
natant you, that the fenner tenants had the same
permission ; and as to carrying away go loads of
hay front 1400 acres, it really is so trifling a quantity,
whey taken in the aggregate, as out tu sir deserv-
ing notice. I again state, to prove the validity of the
lease, that the rent was fully adequate. A 110.
Galloway hired the farm at 27A1. i.-year, and be
could not live on it. Then it was drop-
ped to :241.A. and Mi. Cider became the tenant ;
lie left it. and Mr. Wallace havieg trirel to let
it, asks.l Sool. a-year far it, mid cold &Asia
tin more than :2.401. whist Cater gave Weeert in
one instance of 2801. fi oin a perm, was
not thought cligiltle); aufi Sir Edward Sigi.kilgele

gave to Mr. Wallace a lease on the rune terms as
the preceding tenant ; net doubting, but, as it ac-
tually turned out, that Mr. Wallace would greatly,•
improve the estate; and the fret is, it is now wortl
double the rent, oir'tiig to his, good management, •I
and the large ouna'af money lie laid out; for he' '
was to do all the repairs at his own expense, and he'
erected large coCTilre-ti t; one capable of holding
sixty, and annthef•• Areal tep_e, • and drained and •
clayed the laud. Whets 1.16n` hail this farm, a
great flood swept away the Woaiiee Of all the low
land, and that still was halite to the saine calamity.
(leutletnen of the Jury, when the law speaks of
the hest immoveable rent, it does not mean the
highest rein; but you are to take into considera-
tion, all the requisites of a goon and bad tenant ;
and although Younginaa's Mier was refused, for
prudential reasons, Usi the out of Mt. Nightingale,
yet that circumstance could not inealaatethe lease;
and though others had, in this Court, express
sett a desire to give more rent than Wallace,
still such •ircuinstances were never made known to
Mr. Nightingale, and therefore there was no inten-
tion of frond on his part. The Learned Counsel
here quoted raining cases in defence of his argu-
ment; where, under precisely the same circum-
stances, the law had declared, that it was not the
higheet swot which was the most improveable one ;
and relative to the WWI. asked for the lease, it
would be proved by the evidence, that Wallace
did 'not offer that liesgar vale, nor as havingover-
reached 4ir Efitta , only wanted to borrow
the SUM in question ; and said, " I have • 1.4141 trf
my farm for twenty-out year., and surely that is a
good acclivity till l cam repay you:" and even this
event did not occur till after Wallace had been in
the farm tire years. Wallace bad likewise to do
all the repairs, and, in fact, he h.sd expended
11001. ou the improvement of the estate. Another
great point, to which the atteutior of the Jury 1/I nat.
be attracted, was the breaking up the eras*-land.
Mr. Wallace had availed hiniself of his power only
to the extent of sixty acres out of six hundred,
and even where that alteration had taken place,
the soil was now iafinitety lesid es, the
. law declared, that was not waste of pasture, which
einiverted it into tillage, fur inrii.vornent ; and this
I very laud before, roteetfitite sheep, and subjected
other cattle to various/disorders, from the stagnant
and infectiona waters dnjuring the herbage ; and,
even whet. broken up, was to be laid down again.
In short, the farm hail not been injured- by
remmiez, and the covenants, besides, had nothing
I to do with the restriction in the marriage-settle-
ment. The rent, at the time of letting, was
a fair and full one; and since, it was increased
from 51301. to 4001. a-year; which increase
Lady Nightingale now enjoys. There was evi-
dently not any intention, on the part of Sir Ed-
ward, in either instance, to defraud his wife; and,
in the strictest point of law, them had not been
any violation of the marnage-settlement ; and
therefore the lease could not be invalidated.

More than thirty of the most respectable witnesses
proved what the Learned Counsel had stated.—
One Gentleman, that Wallace offered his brother
half of the farm, for idol. half of the original rent,
but he thought it to 6 dem; others shewed the rent
was amply sufficient at that time; sod land-valuers
of ensitienee, and neighbouring farmers, estimated
the fen-land at from four to eight shillings en acre,
sod the best at only a little more.
The Judge, Lord Chief Justice MANS/ISM
was of opinion that the lease did not wory of col-
lusion or fraud ; sod the Jury found a verdict for
the Defendant, establishing the validity of the
lease.