The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-22 00:00:00

bRURY-L4NE THEATRE.

• Fisherman's Hoe was repeated at Ibis
theatre hist night. It was prevented in an im-
proved state, and went off with success. The fol.
lowing is the Epilogue, for which we had not Moen
fur insertion in our Paper of yesterday.
EPILOGUE SPOKEN BY
Mr. ELLIITON, Mrs. EDWIN, sad Mrs. ORGIII.
(Mr& R. aid Mrs. 0. Os effected mount of Adams.)

Mrs. Edwin. (Without 1 Mr. Mama !
Mr. Maims. 111•4111111
Mrs. 'E. hly bot ! .
Mr. Ell. t'ilthie ewe !
. .

_ ----- -
Don't stop me!
Mm. E. I must, Sir.
Mr. Ell. We've jhst dose the piece :
really rsnoot.
Mrs. E. My bob, IVo. 4.
Mr. Ell. This leads to the stage; you've mistaken the door,
Ent Once 010 are here, you may go round this way
Ace*" to Your places : we've finished the play.
')death, Madam ! back, back! you're exposed to
the town;
beg portion (Id Audience), I thought the green
ruertain was down.
Mrs. E. it'hir are these?
Mr. ElI. Friends of mine, Ma'am.
Mrs. loced ! you have plenty.
Mr. Ell. Were they more they must go to—

Enter Mn. Omura.

Mrs. 0. My box, No. 20 !
Mr. Ell. What, again ?
Mrs. 0. Sir, lay places are goer.
Mr. Ell. Here's a bustle !
Another exposure—where is Mr. Russell ?
Mrs. 0. No seats !
Mr. Ell. Not to-night, Ma'am, but—Spring, mind
you pen if,
Bark row, second tier, for next Saturday meanies..
Mn. E. Who's this, Lady Lucy? (to Mrs. 0.) 1 found this
door shut,
I came for a peep at the Fisherman's Hut:
I hope its net ore►.
Mr. Ell. Piano, Meson, pray:
The audience will bear eery word that you say.
Mrs. 0. Will, really, why should that make you cry hush;
Mrs. E. A woman of fashion don't easily blush!
Mrs. 0. (Slurrying the honest) This is really detest-1
lore blue and white!
Mrs. E. What'a that?
Mr Ell. Gas.

Mix. 0.

How prelly!

. .
Mra. E. A beantifal sight !
Mrs. 0. Last winter (Tom TritEetou made the remark)
ll'hat circle of boxes was quite in the dark.
Mr. Ell. True, Madam ; but now only look at the lustre.
That nod o'er that wide semi-circle in elustres;
Our hopes now are brilliant, our prospects are
briehten'd,

And, thanks to carbonic., onr audience ewllgAfeu d.
Mrs. E. Who governs here now ? hare you still a Committee
Of amateur inausgirrs ?
Mr. Ell. No.
Mrs. o. What a pity!
Mrs. E. Who are you ?
Mrs. 0. What's your name?
. .

Mrs. E. What's your trade ?
Boils. Let •s mote 'es.
Mr. Ell. Na.., Ellision : trades, Lessee, Actor, Fn.

. .
totum.
Mrs. E. Oh, you farm the cowers ? well, I Mope you'll get

. .
Mr. Ell. So do I.
Mrs 0. Su do 1; sow I really do.
Mr. Ell. Faith, LAdies, rye hitherto met with leo store.
Mrs. E. Fine weather?
Mr. Ell. Yes ; very, sad pleutital crops.
Mrs. 0. What's that ?
Mr. Ell. That's the Gallery.
Mrs. 0. You doa't saws to mese

That what is said here goes up all the way then?
Mr. Ell. (Loudly) Aye, Madam, I'll bet it against any odds,
A. a sign that I'm sudibk, thunder, ya gods!
Mrs. E. Oh led !
Mr. Ell. Quite exhausted.

Mn.p 0. Ha, hob! proof peessmptive,
Poor creature!
Mrs. E. How feeble!
Mr. Ell. Longs touch'd, Ma'am--cowsuisptive!
Mrs. E. What's that where the people is three circles sit ?
Mr. Eli. The Boxes.
Mrs. 0. What's that where they crowd so?
Mr. Ell. The Pit.
Mrs 0. The Pit ! don't they swear, whew they jostle and
jam?
Mr. Ell. Swear, Madam ? so, never, they now sod thee
damn.
Mrs. E. Who would have thought it? as we're staading
by 'em
They look so good temper'd !
Mr. Ell. Turn author, and try 'rot !
Mrs. E. 'Tie now full four years since I tame here before,
Mr. Ell. Now you are Isere, I hope you'll oblige us four
more!
We want Fashion's aid, we of late have so low bees.
Mrs. 0. Pray who wrote the Fisherman's Hut?
Mr. Ell. Mr. Tobin.
Mrs O. Mr. who?
Mr. Ell. Mr. Tobin !
Mrs. 0. I'll do all I can
To serve him.
Mr. Ell. To serve him? he's dead,
Mn. O. Oh, poor man!
Yon remember oar private plays, Lady Laciadm,
I did Mrs. Strickland,
_ _ _ _

Mrs. E. I acted Clarinda.
Mr. Ell. The parts were well east.
Mrs. 0. Did you ever play Ranger?
Mr. Ell. Yrs, often; at that time I acted the Stranger:
Hat the Stranger's at home Now, is old Drury-lane,
And hopes to be never a Ranger spin.
Mrs. E. Who painted that ceiling?
Mrs. 0. What statues are those?
Mr.. E Do you act every night ?
Mrs. O. Do you Rod your own clothes?
Whom bon is that red one? _ _

Mrs. E. Is Skakspesre call'd clever?
Mrs. 0. Are modem play writers as stupid as 'rev?
Mrs. E. Is that man tbe leader That sits is the twiddle?
Does be ploy ow the Violoscello ?
Mrs. 0. Or fiddle?
Mrs. E. Do you swim real water?
Mrs. 0. Asid row real boats?
Mrs. E. What's o'clock?
Mrs. 0. What's the force?
Mrs. E. Have you pot op Wild Oats?
Mr. Ell. Good braves,! most I answer all this in • breath?
Mrs. 0. No, don't, or yowl! really fatigue me to death.
[Prompter's WO
Mrs. E. Here's maw,' cow.
Mrs. 0. Indeed—let as ay!
Mrs. E. No. 4.
Mrs. 0 No. 20s—good bye, Sir, good bye!
gamut ;Mrs. B. gad Mrs. O.
Mr. EIL There's a couple of Mogan, coteelmeilwal promoters!
What a mercy it is, mimes dss't wait for aosswers.
" Oh, you farm the cowers!" (mintirMagt) Year
I do ; nod by heaves!
Farmer like, I'll to work, as aloe clock's strikitig

Wye. :

My outset is all I can wish fo►, sail now,
My harvest is cerlaiw—if yes speed Ms plough.

Mr. ELLISTON, it if said, has ►►greed that the
bills simounring Mr. KtAtt's performances shall
be all appropriately printed upon elephant paper in
COMM ly.pr.
Mr. MATHCWS has closed his engagement at the
Edinburgh theatre, and taken his trip to some
other place.

r

•

LAW LtirELLIGS:VCE.

COURT OF KING'S BENCH, Gunakniu.,
TIIVIUMIT. OCTOBER Si.

Defoe Chief Alsace ABBOTT, and Special join.

HACK D. BERRYMAN AND WELLS.
This was an action to recover 7021. las, 2.1. fur
goods sold and delivered by Plaintiff to Defendant,
for which lie hail promised to pay.
Mr. GURNEY stated the case to the Jory ss fol.
lows :—The Plaintiff was • brick-maker resident
at Stoke, near Guildford, Surrey. The Defendant
was • bricklayer. In October last year he had can.
fowled with the Plaintiff to be supplied by him
with a quantity of bricks. to be employed in the
erection of a Houae of Correttion at Guildford,
for the building of which he had contracted. The
price agreed on was 50s. • thousand. Payment was
promised on the delivery of the goods—and he no.
deestood it would be admitted th.t the Plaintiff
had furnished two hundred and eighty-nue th.m.
sand up to the 27th December. Shortly afterwards
the Defendant being asked for the price of them,
,4 Oh, I don't mean to pay for thews till they
are used," asserting that he had only engaged to
Pav quarterly. as he would receive payment him.
self, 111 proportion to the pin or the work cum.
pleted. Hus client denied that that was the
agreement, and to recover his money was com-
pelled to bring the present action. This he
(Mr. Gurney) had been informed was to he the
defence ; but to his great surprise he hail heard
this morning, for the first state, that another defence
was to be set up, and that it would he contended
that the Defendant was not hoond to account to the
Plointifr for one penny of the value of his property,
inasmuch as the bricks were not of a legal size,
pursuant to Act of Parliament. It was a very ex-
traordinary defence to he made by one who had
taken the bricks, and used nearly the whole of
them, without having ever before made any objec.
tion to them ; and it would soon lie seen whether it
could be established.

A paper was then put in and read, containing an
admission between the parties of an allowance to
the Defendant of 61. 10s. 6.1. for cartage—and of
the delivery of 281,000 bricks by the Plaintiff,
without prejudice to the Defendant's legal defence.
Hen►y Hack was then examined—ls son to the
Plaintiff ; his father resides at Stoke, near Guild-
ford ; knows Mr. Berryman, who is a bricklayer ;
recollects him coming on the 16th October, 1818,
to purchase bricks from his father ; was present at
the conversation on that occasion between them.
The price agreed on was 50•. a thousand, ready
money, to be paid when demanded after the deli-
very ; 281,000 were delivered before the 27th of
December.

Mr. Palmer, foreman to the Plaintiff, stated,
that the bricks were made and burnt, and examined
by the Defendant, when he made the contract.
He said they were the best he ever saw in his life.
Mr. Sc,►at.err, on behalf of the Defendant,
said, that one case was always good till another
was heard—and if he was rightly instructed. the
Plaintiff had no right whatever to recover. It was
supposed that Messrs. Berryman and Wells had
mode a contract for the purchase of bricks, to he
paid for •e soots se the Plaintiff thought proper
after they were furnished. Such an agreement
would have been the most extraordinary he had
ever heard of. They had agreed with the Ma-
gistrates of Surrey to build a county gaol—nut
that the building was to go on through the win-
ter, for that the Jury knew might be labour lost ;
but here they were desired to believe that they had
stipulated with the Plaintiff to send his bricks in,
and to have the price of them instantly advanced,
notwithstanding they would be useless till the
spring. But, in fact, the contract was, that the
Plaintiff should be paid quarterly at each Sessions,
in proportion to the quantity of the materials used,
and according to the progress of the work, at the same
time that the header was paid by the Magistrates at
so much a rod, for whatever brick-work was finished.
At the Name time he was permitted, at his own re-
quest. to deliver the bricks in the winter months, if it
would be more convenient to him, by saving car-
riage in spring. The Plaintiff availed himself of
this indulgence, but • few days after the 29th of
December, when the last were sent in, demanded
the price of the whole. A tender of 2301. was
made, bring what was conceived due, in proportion
to the quantity of work done, but he refused it,
commenced an action, and assigned his right to a
Mr. Thomson. His clients being thus pressed,
had a right to defend themselves as well as they
could, and to have recourse to any defence that the
law allowed them. Now the Act of the 17th of the
King. which imposed • duty on making of bricks,
provided by one of its clauses, that all bricks should
be made of certain dimensions. viz. Si inches long,
4 inches broad, and Si inches shirk ; and enacted
• penalty on the manufacture of any others; and a
case lia4 been decided, reported in 11 East, p. 300,
where the Pleintiff bring the a vender of bricks,
manufactured contrary to the directions of the sta-
tute, had on that ground been non-suited. Now
be should prove, by different witnesses, that these
bricks were greatly short of the Parliamentary
measure, insomuch that seven of those of the legal
measure, laid on one another, in the manner they
are placed in a wall, take up as mach space as
eight of these; and that they would cause a conse-
quent loss to the builder of twenty shillings •
trod, from the necessity of consuming a much
greater number, as well as mortar, to perform a
given portion of work.
The learned Gentleman re-stated that his client
had a double line of defence. lu the first place, he
relied on his agreement, in virtue of which the
Plaiatil 'a demand, at the time the action coin-
meuced, would be limited to the sum tendered. the
value or the bricks used. In the second place, he
contended, that by the Act of Parliament, and the
authority referred to, the bricks were an illegal
article, on which no action could be maintained.
He then called several witnesses, who swore to the
facts which he had stated. lu. their cross-examina-
tion, however, they said they had not measured
tsars than three or four hundred out of the 281,000 ;
that the deficiency in size had not been unessismed
till April; that as many of thew had been used
since that time as before; and, lastly. that out of
the whole these now runitined unwed but about
four or five thousand.
Eight of the bricks were exhibited, and coin-

• •- • , •
pare4l With whin re
rif the legit! iwing laid on
Me anedwr, !h appeared /*tartly .:qa din bright,
The CHittli Arnica in his chow sand, thst the
Art of Parliament required firiVks to Ise made of a
certain site. and if they were miiiiiituct gored soma!' r,
end delivered, owl even used. the seller was not
instilled to recover. 111 e was obliged to consoler
the sisinte binding on himself, nod he hoped the
thiry would do so too— hut it int. a questinn for
their ciriniideistinii, whether out of such on ins-
turner quantity a kw bricks might not be selected
below the legal standard, or whether "lie filet might
not have been caused toy
,their shrinking in the
The Jury found a verdict for the Plaintiff with
fall damages.
EEL t. C. tuonEnsiroicE.

Thii was an action to feM►ver convesOation for
work done, far which the Defendant lied premised
to pay ; the Defendant pleaded he had made no
such promise, and this was the question at issue.
The Defendant, in the year 1813. was agent to an
estate called tinhitruir. situated in Cambridgeshire,
under • Mr. Stevenson, a receiver, appointed by
the Court of Chancery, where an amicable suit
was and is still pending heftier,' Mrs•rs. Walker
and Wilde, the owners. He caused the Plaint ff
to draw an estimate of a Wiese and offices required
on a farm of the estate preparatory to letting it—
approved of it, and engaged hien to rxrcuie the
work, which he slid. The plan was afterwards
eu-
larged by his direction, and completed by the
Platudiff, who expended on the building 1.087/.
100. Bd. Defendant paid him 350/. in different
sum.. but a new receiver having been appointed
by the Court of Chancery; amid a new agent
under him in the country, alleged that he was
a'count•ble to him for no more—that the Plain-
tiff haul commenced the work with a full mow
derstanding that it was to the owners of the estate
ht was to look for payment of hi• demands. He
then referred him to the receiver in town, who die 4.
cli►ied taking any part in the transaction, and also
to the receiver's office, where he applied. and was
equally unsuccessful. Under there circumstances
he was obliged to bring his action.
The PI 'ff's case was fully established. A
witness was called to prove the allegations in the
Defendant's plea; hut he having stated, ►hat tlw
Defendant had said to the Plaintiff at the time of
the original agreement, " I am to receive the rent•
of the estate, and if vim Willa money 1 shall ad-
vance it on account."

The Cut►r JUSTICE held, that that was sof-
firient as against the Defendant, and directed the
Ju►y to find for the Plaintiff.
A verdict was accordingly given iu for the Plain-
tiff, with full damages.