The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-29 00:00:00

COURT OF REQUESTS.

Mr.thlrOOMll% pre•enlyd the Res.ort of the Corn-
molter aj►peinted In commier of the propriety Of ass
application io Porlsamesit to externd the jorestlis.tiuss
of the Court of Requests, Irma the cogosegoce of
tit.... of 91. to IN.

Mr. JACK,' thought it would be right to appoint
our of the City Barristers, to act in his turn at the
Court of Requests.
On the motisu that the Report he received.
11r. Jinn. propoiwdr as am anieniluient. that the
jurisdiction of the Court should be extended to
VN-.'S ut

MI. T:N. wiLl SAMS was libfila to ldrrn the
Court, when W. DIXON begged to inquire whe-
ther the Gentleman was a Member of the Court ?
The LORD MAYOR said be had sworn I in
yesterday, hut be did not know whether he had
taken the other customary oaths since.
The TOWN CLIOII, ou being appealed to, raid
flint the Court of Aldermen, in consequence of
the former Election few the %Vint of %Val'brook
tieing declared null and void, directed a twee Pre-
cept to be issued, which was nut seturnalile until
the -2. d of Prbrisitry. Until that period, therebtre,
no new Member could be formally decried fur
that %Vaud.

Mr. ANTHONY BKOWNE said, as the Ward• of
thy City were Hun fully represented in that Court,
tilt only rfoirre now open fur them wall that they
idtutiltl immediately adjourn. He accordingly
made a mutton to that effect.

Mr. 'l'. N. IVILLIAIII said, the only reason he
kol fur nuw nth-ling hinssell was, that he WHS
Cer tied In theSU! or the 44110.5111111 beinte the
Court, and lie had been regida‘ly summted.
31r. Ihinm said, that Ins interest 111 tine gutt
twit wvs ITIIIIOII wily lie .41011 la 14;,,e
I.oi IRO 11l tile IliNess.**
31r. 111 %VOW/ 1151 V uo oht•rlion ;In
• tt to Nth Ile C.Olllll
• lan( he 11,4t1 the strongest reaps'', against I i•
11.•1'ig a V“ive 111 liar der Minns.
'rite tiosendateist fur ir stew:ll'l toe jnrissitetion

to cm, or Isr. was Instiled. and the ofillinsl
MOWN' for the texteamiol.!fle jurisdiction from
W. to 101. wog earned in affirmative, and a
Prtitton to Porliasnent agreed upon accordingly.

Mr. Minx brought forward Ow Report frets the f‘preial
C.,mmistee relative to the Nature, Doilies, and Emoluments
ash.. Office of Send-hearer, which wee read, and the consi-
-14^1.11.11111 sdjuurued, and 11w Report was ordered to be print.
ed in tlw llntotes of the proceedings of the Cond.
A Petition from the Stereos Company fur the sale of
property, fur the purpose of the proposed extension el St.
Paul's Sehool, was referred for rimaideration.
The Court, after nom• discuss' , •peed In adjourn the
Tlertion of Collector of Leisoleohnll Alerk,t,aiol the Cont.
meter of City Lands were inoirovicil to inquire into the as-
'unbind 'Mille* of the wake, nod In report themes.
•

LAW INTELLIGENCE.

COURT OF CHANCERY, WrlmmtrisTca,
TIMM/IAV, JANUARY

DRURY-LA N F. THEATRE.
COOK V. FOULKES. SMILEY, wad the PROPRIETORS
OF DRURY-LANE THF.ATAK.
This motion, which was part heard en Monday,
we reported on Tuesday. It will he recollected it
is an applucid• of the Plaintiff, on behalf of
himself and the other renters of the Theatre, for
an injunction to restrain the two first Defendants
from taking out execution on judgments obtained
by them in r Court of Law against the Theatre ;
and also for an injunction to restrain the Defen-
dants. the proprietors of the theatre, from paying
the Defendants, Foulkes and Wibley, the amount
of their judgment debts.
Mr. IlitrvinnELD, Counsel for the Defendant
Foulkes, this dry stated, that the Plaiiitirs bill
alleged, that lie as a renter of Drury-lane theatre,
under the sevrnil Acts of Parliament for that pur-
pose made and provided, had the right of prior:ty
to be paid his demand out of the proceeds of the
theatre, over every person who furnished the tie-
cesrary articles for carrying on the butiueu of the
theatre.

The LORD CHANCELLOR--fi Did the Defen-
dant, Foulkes, bireibli his goods in virtue of
written orders ?"
Mr. Ls Nnuou, Solicitor for the Defendant
Foulkes—" He did, my Lori They are not in
Court, but they were furnished on notes written
by persons who were authorised."
The Loan CHANCELLOR-.-" You are not old
enough, Mr. Wingfield, to remember the case of
Goitre. Lord Kenyon there held that the power
of a corpor • was absolute."
Mr. WINGFIELD, in continuation, said the Plain.
tiff contended that the iierrons who furnished the
canvass for scenery. candles to light the house, &e.
had no right to be paid for them, ar the renters had
a prior claim, that was to say, the Committee of
Managenteht had a right to coutract for the articles.
lon they had not the right to pay for them until
the renters wile first paid ; that was telling the
tradesman you cannot touch a single article al-
though you furnished them, and you may be at the
expense of getting a judgment in a Court of Law,
but you shall not take out an execution, because
we, the renters, have a prior claim. This, his
Learned Friends contended. was the meaning of the
Acts of Parliament ; he knew his 'Lordship would
1.„.k must carefully into them, acid until lie heard
from him that this was their meaning he would not
believe it. It was in the year 1794, when the late
Mr. Sherds., was about to rebuild the theatre. that
the retrieve heroine encumbrancer'. When the
theatre was consumed by fire, it was so weighed
down with debt that it could not be rebuilt without
the assistance of Parliament. when the Company
was formed • a Corporatimi, to rue and to be
sued. Take the renters theta to be encumbrancer'
there was nothing in the Act that said that persons
furnishing articles that were necessary to carry it 011,
and make it a profitable concerti, were not to
he paid until the renters were ; then was it too
much to say, that the Legislature lucent that if
they lied the power to (wired, that they were not
liable to hewed ? Theo the meaning of the Act of
1812 was, to lix the renter's encumbrances on the
building, not on property got from tradesmen for
the !purposes of the representations of the theatre;
NA it it was otherwise, then they were Never to be
paid. His Lordship well knew, in case* of West
India eetatcs, it' there were one hundred encum-
brancer', the person who furnished the necessaries
to catty on the limitless of the estate must be first
'said out of the produce. Thry were told that the
renters were the first encumbrancer' after the rent,
taxes. insurance, and salaries of the performers
were paid. Ile would ask. was it too much to
assiinie that the Legislature intended that the
tradespeople should be paid first ? for every thing
was to be presumed against such a principle, that
the tradesmen who furnished the dresses, scenery,
&r. which cloddy(' the conspany to have perform-
ances winch protinerd the rrotit that the rent. taxes,
iusaraio r., and salary of the performers were to be
paid mit of. Wars the tradeemaii then to be told,
itlwo die ilerritndest his debt, that he ought to have
is looked into slur Ait of Parliainetit before lie in-
trusted 11w corporatiosi ? There was not a more
respectable daps of meta than toolesinen, but it was
well known that they weir not conversant with Acts
or Parliament, and they hail a right to suppose they
were dealing with the theatre as with ass individual.
The LORD CHANCELLOR—" When a theatre
deals with a tradesman. I am afraid the latter will
fall into The Comedy of Errors."
Mr. WINGFIELD-41 The comedy is for the
thcatie, the tragedy for my divot."
The LORD Cue r4CEI.I.OII—" Suppose I cuiploy
au upholsterer to burnish me a house, aid I order a
service of plate from a rolversmith. I pay neither of
them, but the latter gets his exteutiou first and
sells the oeliukterer's goods; would not this he great
hardship 1111 the 11.1,111C1 1 ) et it is tight, accordiug
to in, But this is wily the case of a tierlestintis
with an individual ; but when Ise get* to deal with
a corporation, I can sat, God lit 1p him out of
it! When this case came before sue wine time
back, on sr dillerent. worm*, it was very well ar-
gond, and I wus told that it' I granted the inj
Una the peiforitirrs would lie : ell I could
airy to that ir,gurnerit was, that a Wr.rtibillt molt be a
fooi it she would sing without she was paid for it;
au with the other iterforiners, according to their line.
As to she hardship that any set of people may un-
dergo by the decision of this Court, I hire nothing
to do it with, a. I content take II ttito my sounder.

ation, for 1 most decide according to the law and
equity of the crow.
Mr. 11'INGFILI.D, in continuation. sad, that the
meiiiing of the Act of Pa►liament was to get rid
of the old debts, so as to enable the Company to
rebuild the theatre. It only contemplated such
property as was then in being, and not the scenery,
&c. which was sulnaspiently procured from traitor-
men. If this was the case, the building teas only
liable to the renters. and not the floating property.
He would ask, if this was not so, what eras the
tiortion Of the Corporation, as held by themselves ?
that they were overwhelmed with debt fur articles
famished by tradesmen to enable them to keep the
house open, and that they must not pay them until
the ►entm were first paid. When they tent forth
this to the world, the man in trade who gave them
credit would be properly punished for his want of
sense, if lie was never paid. The Learned Counsel
then olnairvill, es to the Bill itself, it was so framed
that it ought not to be allowed to stand. It charged
the Defendants with collusion, when, by the Plain-
tiff's own strewing, there was nothing collusive. The
Bill also charged the Defendants with waste; and
what W 3% the waste? that this mighty and powerful
Corporation, that this splendid public monument,
would be ruined by paying off a legal debt of
7001. due to a bowu fide creditor. Under these
considerations he hod nu doubt but his Lordithip
would dismiss the application.
Mr. BArDER followed Oil the same side, and
said that his Lordship's patience, tie doubt, was
worn out, by having to hear end decide on so many
cases ►elative to theatres. He thought it neces-
sary to say so much, as he (Air. Barber) laud al-
ways the good or ill fortune to be employed in,
them, and from some papers that were left at his
chambers last alight, he was afraid his Lordship
would hear of another theatre which had uut been
yet under his auspices.
The LORD LHANCRI.LOR--" Why do you not
bring them before the Vice-Chancellor, he is more
of a theatrical n►an than I am ? %%Illicit is the
theatre, Mr. Barber, that you allude to, that I am
to have the honour of superintending ?"
Mr. BARRER—" I do not think, at present, my
Lord, I am at liberty to name it."
The Soucerort-thistitscr. replied.
Sir ARTHUR PIGOOTT—" 1 do not rise to make
a reply ; if I did, I am sure your Lordship would
not allow nie, as I inn not entitled, but .1 wish to
say a few words on the pert of my clients, the
Committee of Management. They are noxious
that they should stand well with the public. The
present Sub-Committee did not contract the debt
in question with Mr. Foulkes—they pay every day
for each article as it is delivered. I inn authorised
by them now to offer that gentleman, who is an old
and respectable tradesmen of the theatre, that
they will pay him out of their own ;socket, 10s. in
the pound, and as he proceeded at law before this
proposition was made to him, they also offer to pay
ham his costs—his full costs at 20s. in the pound,
and that for the future he shall be considered its
the saine light as the most favoured tradesman of
the theatre. I therefore hope your Lordship will
postpone you► judgment, to give Mr. Foulkes an
opportunity of considering of this propositiou."
The LORD CHANCELLOR—" Will you, Sir
Arthur, undertake that nothing shall be removed
from the theatre in the mean time?"
Sir A. PIOGOTT—" Certainly."
Mr. WINOFIELD--" My client will consider of
this proposal, and perhaps your Lordship will not
be called on for your judgment."
The LORD CHANCELLOR—" I have been often
blamed fur delay in deferriug.my judgment in such
cases as this. but my delay teas saved the parties
thousands of pounds, by settling it amongst them-
pelves. This motion goes a dreadful length; for
why would not an execution go to the theatre itself,
liable to the lien of the renters, or why could not
aii execution be levied oat the cashier, and sweep
away the proceeds of a week, or whatever it might
be ? This is a question of such consequence, that I
would not think myself justified in giving my judg-
ment before Monday. In the meats time let all
proceedings be stayed."—Judgment postponed.

COURT OF KINGS BENCH, Wrnstoistaa,
TWIJRCIDAT, JANUARY 27.

MANDAMUS.

Mr. IVIIIRRYATT moved for a rule to chew cause,
why a Mandamus should not be directed to the
Commissioners of Woods and Forests, ordering
them to issue their precept to the High Bailiff of
Westminster, to empsimel a Jury for the purpose
of assessing the damage sustained by Messrs. Ser.
jant, in consequence of • road to the Penitentiary
House, Milbank, being formed on his premises.
The ground in question belonged to Earl Gros..
senor, by wham it was let to a Mr. Stevenson, and
by him imilerlet, in trit3, to Messrs. &quint, who
had a thirty years' interest in it. An Act passed,
in the 47,11 year of Ins Majesty, for constructing a
rued from Milbank-row to the Penitentiary, and
about thirty feet of Messrs. Sarjanta' premiers were
mode use of in consequence. The Commissioners
refused to tnuke them any compensation, alleging
that they had no interest iu the preibises. The fact
was, that, before the Act of the 57th of the King
passed, a new road was contemplated by the Vaux-
hall-bridge Company, sad, with reference to Mut
road, Messrs. Sarjant had covenanted to give up
possession of the premises whenever it was demand-
ed by Earl Grosvenor. But, with respect.to the
road subsequently directed by the Legislature, they
had net entered into any such covenant. They
now sought damages for the portion of ground token
from them, as well as for the expense incurred by
them in erecting a wall on each side of that part of
the road which ran through their wharf.
Rule granted.

THE TURF.

BETTING AT TATTERSALCA YESTERDAY.

DBRBY.
9 to 1 apt Euphrates 17 to 1 apt Iris
(taken) 20 to 1 apt Domini,
12 to 1 *gat Pledge

OAKS.
11 to 1 aget Blue Stoeltitigal 11i to 1 apt iltek'Anilly filly
(taken) 12 to 1 eget Dwim,„,

HIDDLFSWORTII STAKES.

9 to 1 art HlueStuekiNgs 111 to 1 avt headier to
11 to 1 apt Emperor I Soothsayer
The Otithunls end the St. Leger memos ea befure.

POLICE.
-....w...-

SOW V VT.

The attention of Mr. Hicks, the Pitting 31ittiiai;ate--.,0n
Wednesday, was prineipally occupied iu investigalllll a dr°.
rate affray al the Ring's Head public-house, in Broad.
t,Si. Giles's,and is which Thomas Harker, the landlord
hags', his wife, and Humphrey Ingram, a Serjeaat is
the Grenadier Guards, were brought as Prisoners to the
Office, charged with a moat violent assault spun a ressug
man of the name of Reynolds, whit at first was supposed to
be in is dying state, in consequence of the ill-Irraiment he
bail received ; hot in the exeunt; Reynolds was cousidesed in
so favourable a way, that the Prisoners were liberated on
their promising to appear It a future day. The affray ori-
ginate" from Reynolds's titter and her husband lutleing at the
King's Head public-house, and their goods hatpin beet,
seized fur non-paydsent of rent ; Reynolds had been to are
them, and brought out with him some moulds, which were
his; hilt the landlord and landlady mistaking Ilse properly as
belonging to his sister, which they had seized, refused to let
him go out with the moulds; he insisted he srout,l, she,'
they seized him try the collar; a setae ensued, the moulds
were broken, and Reynolds broke the windows with the
piece.. Serjeant Ingram came to the assistance of the
laudlord and landlady, gave Reyuolds I blows about
his head, and liniwked him down, when the landlord trod
upon his stomach, and while in that state l.c nsu9nrd very
much. A coostable was sent fur, to lake 1Z.p..!11s jolto
custody, who refused in du it, as he was then lying in au
lasensible state. He was conveyed to a doctor's in the
neighbourhood, who desired him to be taken to the Middle-
sex Hospital, wheie every attention has been paid to him.
Yesterday Mr. Williams, the Solicitor, appeared before
Mr. Conant, in conseptence of several summonses hash,'
been left fur William Virgo, in Chapel-street, Soho, chart.
iag him with haslet sold bread sheet of weight, whirls had
been left at the house of Elizabeth Virgo, and Mr. Williams
stated that there was no such person as William Virgo ; he
had therefore merely attended out of respect to the Ma-
gistride, and to prove which Ile produced an agreement for
a kase of the house in the MINK of Elizabeth Voco, is the
year 1817, and a receipt from Mr. Dutton, the landlord, for
the last quarter's rent.
The informer, Cathy, attempted several answers in justi-
fication of his conduct, but lie failed in then, all, and the
cave was dismissed.

Robert Fletcher was charged with mhhing the Rev.
George King, a Prelwadary of Ely Cathedral, oil the south
side of Caveat-garden. The Prisoner, in company with
others, was seem by ThonsiwiThomerem, a countable, to smati h
*something out of the coat pocket of the Prosecutor, obeli he
instantly seized him—it proved to be a priuted serious'.
He was committed fur trial

James Sparks was charged with having refibed Mr. Ed-
ward Prier, of Weston Underwood, Buckinghamshire, on
the Mb iustant, of pitmen), to a considerable amount. He
was pursued to Loudon, and taken by Goodwin, the consta-
ble, in Queen's-court, Queen-strret, Lincoln's luir-tichls, sail
part of the stolen properly found in hie possession. He was
seat to Newport 'menial to be examined before a Magis-
trate, that being t►e residence of the Prosecutor.

Thomas Williams was charged with robbing the shop of
Mr. Barrister, a hosirr in the Strand, of goods to the
amount of 20/. Ile irisoner, took advantage of Robert
Sweetmeats, the shopman, sweeping the door early in the
morning; but the shopman happened to see him as lie was
walking away with a bundle of goods, and biought hint
back, when the Prisoner pleaded that be bad never dare
such ass act before, and begged to be forgiven.
He was committed for trial.

AGGRAVATED EMBEZZLEMENT.

LEI?.

George Collier, showman mid confidential servant to Mr.
Weirton', chersemoliger, 165, Oxford-street, was charged
with embezzling money from the till.
The Prosecutor stated, that the Prisoner came to his ser-
vice three years ago, very poor, and he had so enrich conli-
deoce in him, that he was the last maw on whom any sus-
picioa would fall. He kept his hooks, was his head Amp-
man, lodged in his boon, and bad every indolgenre.
--Tade, a shopman, had long suspected the Prisoner of dis-
byway, and his suspicion having at length bees realised
he acquainted his master. On Wednesday some masked
silver and halfpence were paid at the shop for butter, a
strange boy having been employed to purchase it ; awl yes-
terday Mr. Bing sent his shop boy to purchase two pounds
of butter also, before any of the shopmen arrived. The
Prisoner served him ; and on being accused by the Prose-
cutor, he denied having served any one.
Newell, a countable, was seat for, and six marked six-
pences, a shilling, and some halfpence, also marked, and
identified by Mr. King, were found in his coat pocket. On
searching the Prisoner's box, there were two valuable gold
seals and some papers found, which led to a discovery that
lie had been dada% in Bark stock, lending' money, diaconal-
log bills, ike.
Mr. Walrond observed, that althonyli his rrtail trade was
great, he bad not realized any profit for the last twelve
months. _ _

The Prisoner, who confessed his ;1614 Wll4 fully commit-
te4 fur trial, and his papers were Weasel upon application.

To-morrow living the armivercary or hind
CHARLES'S martyrdom, the Home of Limb will
go in prormioti to ‘Vevtatitoiter Abbey, to attend
Divine Service; and the
_COIIIIIIOIII4 to the same

manner, to St. Margaret's Church.
Mr. Justice PARK. as a Vestryman of 11w lotrislt
of St. Giles and a Trustee of Lincoln's.loo-lield..
has addressed a letter to the Betichros of Lincolii's.
Inn, "truing, that it is the opinion of the Vestry not
less than two chapels of ease ran meet the spiritual
wants of the parish; that it has seemed avivasable the
cite of one sl Id be in the centre of the e .st mile of
Lincoln's-Inn-fields, of the length of 100 and
breadth of no leo, but that there are sinue legal
obstructions with respect to the title to the ground,
which it is hoped the Beuchers will remove.
flo Friday se'unight foot inert were apprehended
at Northallerton, on suspicion of bring utterer' of
forged Bank of Euglauil notes.
Mr. ILURRRL, a farmer and maltster, residing
at Upper Yeldharo.hall, iti Essex, died a few days
We notice with pleasure that the parish of St. ago in the 85th year of liii age. He ordered to Ins
I
Saviour, Southwark. is very laudably engaged in will that his body should be buried in one of his
Petitioning the Legislature for a repeal or modifi. woods, he covered with one of the hair.clotlis he
caimn of the duty on coal imported into the port of used to dry his malt on, and that six hedgers and
London: as our reader., we dare say, are not were, , ditchers should carry his corpse, six
other.
to he
that Loudon and its vicinity alone are burdened I pall-bears. and six more to follow as mollifiers. all
with en impost of 9s. 10d. per cauldron, while no 1 with their bills and hedging cloves ; and liken i.e
other district pays more thaw& 6d. and that only I ordered a hogshead of beet' to be drank, and bread
very partial, as inure than two-thirds of the United I and cheese distributed ; and each of tile bearers,
Kingdom have this absolute necessary of life duty mourners. and those who carried the corpse, to re.
tree. We hope this subject will be bikes' up by ceite u pound note; which bequest wits literally
every parish in London cud iP eaVOSP. . a couTlied wjkh.