The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-03 00:00:00

THE BRITISH PRESS.

were still our frPow-suki,ects. faithful and loyal in the wont of
times; act whet had re to fear front the draper of Prients, or
the casuistry rf Jernits? Not the people of Enclar.d had 1.0
such fears—they • were an but:O-must ceople. Unworthy mo-
tives operated on the eneft.iels Of Civil aid religions litcrty—
a sort of war-cry Lai been roisal er,sinst the better Te•rt
of the Cabinet, who wished to do josdre, d the great in.
tacos of the nation, which required a liberal poney to guide
elm ; but hr was quite sure, drat the unwerthy, or tae venal, or
the hired, could nut prevail uften the enlightened people of this
country to withhold from their Catholic brethren abir.e rights to
which, as men, as subjects, as inhabitants of a country which
ought to be free, they were on decidedly entitled. ()n an occasion
like the present, hor.ese men should speak nut; those who had an
interest in the well-being of ittor.kind should not shrink from the
performance of a greet public ditty t and while congratulating this
Society on it:, rapid progress, and the hireling on their liberality.
he sincerely tnisteil that no bugbear, no wee-cry, no bigotry, and
no eflitrts of the wont part of the Government press, would prevent
them from doing justice to their Catholic fellow-subjects. The
time was new come at which combinations like religious prejudices
could not prevail ; according to the extent of capital would be the
employment of lahoor, and of course the price of wages, and no
capital creild adversely control it. So with religious prejudice : so
the capital of science advoneed, prejudice must diminish. The
honourable and gallant oWcer coocludal by 'proposing " The
Ci!! of London." (Applause.)
The CHAIIII31•X proposed " The health of Mr. flame." (Loud
applause.)

Mr. H u said he was proud of the honour just conferred neon
bins. lie had sio,isted in plating ninon% and nierhalirs in a tads
situation towards meth other. and if his public life famished no other
labour and no other effect, he must feel he had not been an idle
servant of the : now master% could have no improper con.
troul; now screams could employ their industry and talenis where
they pleased. (Bravo.) I,et the mechanics persevere in the acquire.
merit of science and knowledge, and their situ mien must not only
continue to improve but command for them the general esteem of
mankind.

Colonel Ton it ENS here begged leave to mate a fact, which bore
on the topics adverted to in Ibis meeting. A reward was offered
for the eistovery of the parallax of the fixed stars. The prise was
awarded to Mr. Pond, the English Astronomer Royal ; but Ik.
flrookby, the Irish Astrontwner Royal, finding that 31r. Pond was
wrong, the learned English Astronomer was the first to vote for
the Copley 3ltstal hcirg adjudged to Dr. Brookby, his leurned
opponent. so much for the generosity of Weser, as contrasted
with the illiberality of what marks the rekiolaas parties at both
sides of the wator.
Toast—" The Seerctarv, Mr. Blake."
Mr. 131.A111E returned thanks.

~evrral other tnaats were given and cordially received, and the
meeting seritrnted, evidently highly delighted with the foist of rea-
son which they were &forded during the evening.

THE ROYAL SOCIETY.

We yesterday gave a Report of the preeedings after the anni.
versary dinner of the Royal Society, and in which a complete mis.
take wan made respecting the astninornie.il observations of Hr.
Brinkley. We now, therefore, for the mke of correcting the error,
suhioin an abstract of the Learned President's address to the
Fellows, at their 31ceting in the morning of St. Andrew's
Day :
A number of Fellows had nmenibled by twelve o'clock, when

The l'ac 101 DE Tof the Bowes. SOCIETY, after announcing
the additions nude to the number of Members of that Learned
Body in :he last rear, and stating the deaths that had taken place,
referred to Baron 3laseres, as the only scientific author and eon.
tributor to the Too/ore:ions, whose kiss he had to announce. He
paid a handsome tribute of respect to the deep mathematical know-
ledge, and disinterested love and patronage of science of this
Learned Judge, who published many important algebraic works at
his own expense, and enabled other persons to bring forward
cations which, without his protection, would never have seen the light.
He then proceeded to announce the award of the Medal on Sir
Godfrey (opley's donation, which the Council has bestowed on
the Rev. Dr. Slrinkley, ['resident of the Royal Irish Academy,
for his various communications to the Royal Society. " Sonic
persons who have not closely followed the usages of the Council
may be surprised," says the President, "that, in two successive
years, this token of the respect of the Society should have been
given for labours in the same science, particularly when no great
discoveries have resulted from them ; but where a prize is to be
given annually, which is one of the conditions of the Bona.
tion„ it cannot always be bestowed for grand and brilliant
results, and no branch of human knowledge more demands encou-
ragement than Astronomy ; for, having arrived almost at • mature
state, it offers, perhaps, fewer objects of new inquiry than any
other science, and improvements can be made in it only by the
greatest delicacy of asersation, by great labour, and that at a time
which is usually devoted to repose, and often with a sacrifice of
health. The A atronomer requires not days or nights only, but
months or years for his results, and demands all the sympathy and
all the attentions and kind feelings of his brethren in science.
The President paid tuner high compliments to Dr. Brinkley;
dwelt ins n his profound mathematical knowledge---the most essen-
tial quality of an accomplished astronomer; ripen his accuracy,
acuteness, and niinure spieit of observation; upon the forer.gth
of Isis reasonings, and the candour and justice of his philosophical
views. .6 You knew," he said, "Gentlemen, that Dr. Brinkley
and the Astronomer Royal are at issue upon two great points of
astronomy • OM affirming, SilelitllCT dairying, a sensible parallax
of some of the fixed stars : ne denying, the other affirming,
a southern motion of a considerable part of the sidereal system."
The Council of the Ito; al Society (sled the President) did not, by
their vote of the medal to Mr. Pond hat year, mean to deckle on
the evidence on these subjects, or to give an opinion on these difficult
questions in 'missionary, dependirg upon such nice obaervattont.
They make the szne reservation this year, founding their award
uisni the great and general scientific merits of Irnetor Brinkley.
ahe President then mire a history of the progress of sidereal
astronomy, and particularly of the inquiries made respecting a
parallax, or the differences of the angles nsafle by fixed stars with
the two extremities of the earth's orbit. Ile detailed the opinions
far observations and experiments of Galileo, Flamstearl, Hooke,
Bradley, Michell, Hero:hell, Cassini, La (aille, and Pineal.
Ile stated that Dr. Brinkley 's latest and lust refined result
on the parallax cf Alpha Lyra: (the star in which he has
most ievariably observed. this phenomenon) of one second and
a few hundredth putts, is rot opposed to Dr. Bradley's view
of the subject, or to the photometric-al considerations of Mr.
Mitchell and Mr. thou. Ile stated, that with respect
to the Southern motion, Dr. Itriockley's ophden was sup-
ported by that of astronomers. These questions, says the Presi-
dent, arc not matters of useless controversy, or even of mere curl-
oaity, all the Ives. all the phenomina of astronomy are more or
less connected with them. The fixed stars are in the system of
the heavens ; what landmarks are, or extremities of base lines are
to measure) upon the earth, and the correctness and use of our
calculations depend upon the supposition of the permanency of
their arrangements. In waiting (he said) for new elucidations on
this subject, he could not brit congneulate the Society on the ex-
biting state of astronomy, and the number of its cultivators, which
rendered it irepouth:e that any great problem could long remain
unsolved, whilst such philiorpfters exist, he said, as Dr. Brinkley,
at Dublin, 31. I lased, at Roe igsbrirg, Seliumachrm, as A Irons, Arago,
at Path, Olbere at Bremen, and Ilardinge at Gottingen.
The improving stare of astronomy abroad, end the increased per-
fection of instrumer.ts, ought, tosiel the ['resident, to he subjects
of congratulation to us, tot of ealousy or uneasiness; for the
language of science is universal; she belengs to no country;
her results are fur the whole Inman race, and belong rot merely
to the present generation, but to posterity ; and astronomy,
above ail branches of human knosicrige, demands fur its ad-
vancement, the cordial co-operation of philosophers in the most
remote parts of the globe. Amongst other instances of this
truth, he gave the fee", that the return of the comet within a period
of four years, calculated by lletie, would not have been verified
but .'or the observatory exhibited by the liberality of Sir T.
Brisbane in New South

After comparing the Astron-trny of ancient and modern nations,
and pointing out the imeroved state of this science, an one of the
great characteristics of the present times t he concluded by some
obaarvations upon its utility and its effects in enlightening and ex-
alting the hutuanniind. By meting **this/tele:ice said the l'resident,
the trackless ocean is navigated, and in unknown seas the distancii
ef the vessel limn known land discovernd. A !I vague and eupnroitious
notion respecting ths 11.7avenly bodies, which in ancient times lind
such an effect ulant the elestinin of nations and individuals, have
vanished. Man. acquainted with his reel situation in the uaiverae,
has learned liliswise to appreaate more distinctly his objects
and the end of his treat i /D. A mere stunt on a small point of
space, by his intellectual powers he has elevated his mind from
the m:ntite base of the canli unto the heavene. and measured, and
even weighed masses, at many millions of miles distant from him,
cad some of ilitnn invisible, cacept by instratuents of his ova in-
v.mtion, he has barn aids to aceoinit for thaw: motions of the
heavenly bodies, which at first view appear disorderly by cur-
stain and immutable laws and as his science has bnerwne
more perfect, SO he has seen more distinctly the mire and harnitiry
of the system of thing*, anti t..e whole of created nature exhibiting
one design of perfect intelligence, a single wick of infinite power.
The siiii•icty then I,lrtlrl.,4lrd ID the election of ~dicers, after glitch
they dined together at tii.:l::dwn and Anchor Tavern.

nrain is on the rise in several places, particularly in
Seotland. No cause is assicied for this nnexpected event.
Pcople lift up their hands and eyes wiat astonishnient,
when they hear that twei.ty pounds invested in a Real del
Monte Mine Share, has produced seven or eight hundred
pounds ; do they forgot, that less than one-fourth part of
that sum, rh.l.sl on the lath of ?ilia month, must obtain
for somebody more than twenty thousand pound;? All
other speculations are mere trifles, compared with the
chance of an adventure in sm.!' a Lottery Scheme as the pre-
sent, in which the gain is so great, and the risk next to
nothing.
Monday, in th, Coirt or Common Pleas, as Mr. Wallace
we about to addr.ss their Lordships, Lord Norbury said
—" Mr. Wallace, this is junior day: we must hear the
junior liar. Let she Junior Counsel move, and, whoever
he be, he is the most nmialde moo in Court." After a
laugh, all eyes were turned to the junior Bar, and those
of tl:e Bar on each other ; when, at length, Mr. Richards
rose, and few. perhats, were better qualified to be consi-
dered "the meat amiable man in a Court."—DutiimPor-r.

LAW INTFLEIGE.VCE.

()OUST OF CHANCERY, Tmt:ITSDAY, Drc. S.

(First S.. 11017. r Term.l
THE REV. A. FLETCHER.

The Lon° ettaNcEt ton nitid he had turned the Twats in his
mind, and he would not allow costn to the defendant.

CLAMORGANFtiIIIF CANAL cosormcv.

Ilia LORI/BPI 1.• aswe 14371 i I;l;l:grantedcats of motion
ieTainst one of the defendants. and ordercd the injunction to stand
as before.

KINWS THEATRE.

AREAS r. ART MANUVIS OF trrirrronn, TAAL OF otrx-
CAI., HOW. MR. ■OI'M, YALLOP, BEXELLI, AND OTHERS.

There was some desultory convei sawn amongst the Gentlemen
of the for, as to the comoequencts of the motion. They were ap.
preher.sive, that if it were persevered in there would be no Italian
Op_ersi at aIL
The LORD CHANCELLOR—TiIe question ri. Wl'etlier in eons..
quence of this motion there may exist a Opera House at all. I
do not care twornee whisther it do or not.
Mr. SrODEN. for some of the defendants, Raid it was strange
that this motion mold not he brought on unless there was a motion
made on some other matter, which had no more reference to the
less:e of the theatre. than it load to him. His Lordship was not to
li-ar this because there was motions to be mode on other matter..
which hail no reference whatever to the question. It woold he as
reasonable to assert that a motion respecting Drury-lane or Covent-
ganden bore on the present discussion.
The Loan CHANCELLOR said, he bad read almost aU Ute
minutes of the ease.

Mr. firratere—The motion sought fur was, that a raper m-
ann should be aprainted to the management of the Eine a Theatre,
and that Mr. Bentlli should be obliged to surtettler all the machi.
nor. dreams, &e. without prejudice to the bond wetted by him to
Mr. Fibers. He appeared to the defendants, Vallop and Chippen-
ham, not at all tOr Benelli. who was not here. The Learned Gen-
tleman came to Court, tied asked for an order against Benelli, to
compel him to give up the theatre, and they natl not served him
with any meh corder. This, if he thought .I,llll.t'r to make It,
would be a final objection against the motion. Ile had never
seen • mode,' made which had leas merit, ttor one which the
Court, either on authority or principle, was less able to grant.
Mr. Bart, with eonsitlerable dexterity, bad kept the facts of the
case out of view; these facts he would state when he had enticed
the prayer of his motion, and of that made by the opposite
party. The tint bill was Melt by Mr. Eliers against the 111ar-
-11111:4 of Flenford. the Earl of (Ili:iv:di. Itenelli, and the others,
in 3lichaelmas Terri. 1r,2:1. It stated the agreement niade with
Itenelli and others, to let the theatre t the lease was actually ex-
ecuted, at the rent of 10,00 W. annually; the lessee was to pay the
lea. of the runnieg torn. There wan oleo a separate deed, under
which the scenery, dresses, machinery, &c. of the theatre, were
actually assigned by Ebers, and the produce of the theatre end of
the sids•eriptions, was to be paid into the house of Clunithers and
Co.. in the name el 111 r. Allen, and the balance wan to he hard.
ad over to liertelli, the purchaser of the property. The first tp•ta-
tinn he should ask was, what it the situation of Itenilli ?
In arguing this ease he was supporting the interests of Renelli,
though absent, for his interest was identified with that of his
clients. Under the arrangements which were made, Ilenelii wee
the sole lessee of the theatre. AVloat is the conduct of Air. Morn ?
Ile conies into Court, and asks for a remedy against a contract;
he wants to deny the validity of a legal instrument, and strike it
out, as if it never existed. A regular agreement had been made;
a lease was executed from Ebert to lienelli a Mr. Allen was ap-
pointed receiver to the property; it was told to his Lordship that
the purchaser was to take the profit or loss of the season; the
deeds were drawn up so as to make petit or loss a leaner of uncer-
tainty ; and Ebert did not produce the &mews till all the deeds
were executed. The accounts then showed the loss on the season
which had just elapsed, to amount to 10,0001. and it wax aflimied
that Ilenelli had a right to pay this loss ; to this &mein answered,
" This is a fraud ; you, Ebert, knew the exact amount of the loas;
when I was buying thin concern, I thought I was buying a profit
or loss, that I had a chance in my favour, but there was nothing ;
you knew there was a certain loss of 10,00 W." Upon this basis
Itenelli tiled a bill, praying that the contract may be pronounced
fraudulent, and the property given up. As to the motion be-
fore the Court, there was no authority to grant it; it was impossible
to take Mr. Ebert out of the difficulty of which he complained, if
he did not first give up this money ; and even though the Court de-
clared these proceedings should he rescinded, tl:e measure could
not be carried into covet if' the money were not restored. Mr.
Ebert filed a ernes bill against this mole Brnelli, admitting the'
farts, hut of course denying the fraud, and prays, in some pins,
fur what it would be difficult for the Court to grant ; it had, in fact,
no such authority. lie required also specifically, that Rent Ili may
he rampant,' to perform h:s contract of bargain and sale made in
the year Inal. This deed referred to the machinery, dresses, end
to the management of the subscriptions lodged in the house of
Chambers and Company. This part of the minion was granted ;
Allen was rc.appointed Receiver. Here, theta:ore, an end was pat
to the suit, as ter as Ehers was concerned. except as to the taking of
the accounts ; and now they want to appoint a manager—they want
to bind his clients, who are already bound with Ilenelli; they re.
quire the p-oneuty to be given up to their management, and that
Ehers should he appointed a manager. %rim it possible for any
man, with a grave ard serious face, to make such a motion,—to
ask the Court to metro an injunction against a legal right created
by a legal deed, in which there was no provision to meet such a
case as the present ? They say a manager should be granted, be.
cause there was a covenant that the Open-house should be kept
open. There was precisely such a covenant in the lease of every
public house ; it was covenanted that every such house 'Would be
kept open and carried on as a public-house, and if this was not
complied with, was a party to come to that Court and ask his Lord-
ship for a manager to draw beer for the period oft 11 years, or what.
ever may be the term of the lease, sad make the Court of Chan.
eery manage the concerns of all the public-houses in the country
It wan impossible to make any distinct ion between such a case and
that before the Court. The Court had no such power—it could not
possess one of more danger. Ile had the authority of his Isordship
in the case of Waters, to show the reluctance with which the Court
I interfered in the eases of partnership, as in breweries and other
large establishmerts, with a view of an ad inicritn management.
The Court would not appoint a manager in cases of partnership, un.
lets with a view to the dissolution. The Court, in these matters.
should see its way clearly. In the present case there was no part-
! nenthip—llenelli was sole lessee, and could support his possession
against the whole world. Ehers required of his clients to give up
the sum of 11,000/. which they had advanced, to leave all their
friends bound, and leave themselves nothing but the pleasure of
seeing the property n:ismanaged by Mr. Ebert, whom they ehathed
with losing 10,0011. in the season of RIM. by incompetence, and
saddling it on them by unfair dealing ; and he now endeavoured to
put them nut of an estate bought and paid for with their own
money. That Court did not like to interfere in the management of
the theatre. This was showed in the case of Rily, in which his
Lordship was Counsel ; it was argued before Lord Thurlow, who
did not wish to he the manager of the Opera.
The Loan CHANCELLOR—Quite the contrary he delighted
in malt eases.

Mr. Sun!, r.w—lrird Thurlow might hare been pleased with the
actresses and singers, but he believed he did not I'M any pleasure
in the management.
The limit) CHANCELI.OR did not know the taste of Lord
Thurinw u to ringers, but be trim more pleased than other people
in having the concern in law. However, he MAX net so much at-
tached to the Opera as he was to the /loyal Circus.
Mr. Sr° DESC—TIie Court was decidedly averse to the system of
management, except where it by so attune enabled justice to be
done. If it interfered to manage the Opera house, it should with
cluel reason interfere in the management of all the breweries and
joint concerts in the kingdom. Ilere the lecatned Gentleman read
a judgment of the Court, which declared that it would refuse in-
junctions in such concerns. except where the partnership was to be
dissolved; in other cases the Court would not exert a controlling
power. From this there was nothing ro as that the Court
would not interfere in partnership MACS. tless where the partner.
shin was to be diswdrt•d. and here the interference would not be
indefinite; it would net an until the case was ripe for hearing. lest
the property should he ruined in the interim, by Inc partiter pulling
one way and the rest another. In the present ease there was no
partnership; but had not Mr. Lbers a tight of re-entry? was a.*
this in every lease? was not this covenant in the I•msa of every
firm, that tenant* should not break up such and such hinds? It
:his covenant was not observed. Irv. the !tntllord to cows to that
Court to appoint a manager to fulfil these covenants, for per'•tars
thirty or fluty y.urs ? For such breaches there Was a remedy given
by the common law of landlord and truant. If Mr. Ebets has
this right of re-entry, why is he here? why does he rot proceed by
ejectment, and turn his clients out of the Opera (louse? l'he
motion was supportet; by an affidavit of an extraordinary nature.
Ile (Mr. titv.gen) knew the arc:owl-A he was nsa•g to dveisive
as to the lease ; and any breach of covenant which may he coin.
nlitted, the parties had their ritlress, but not lore. Allen was
a;:pcinted vetiver, and when he us.* not in thassiouttion, 'lie funds
wurr paid into the house of Chanilrrs and Company as reiptlarly
as if he were; and the only e•ompniut that could he triads on VC
subject was, that one intlititlaol yr::s 3-.!h‘ti!uttal for arookr, it
was sworn to, that 34,0•441.. this produce of the Opera. was paid
to (*handlers and Ca.. for the use of :rte theatre. It was sl':•g:a as
a breach, that all the money was not tisopinly :Tidied. that vat
this to the Lute ? his contract hook' hint t.:erc•hy to the payments.
but not to tit.• proper applira!in4 of the L. •y. Cie p 'et!. Lc erg
clearly without law. It was c..:i••ac t•+ tdoiirve whine L•e 114 Its
equity; he got it in i is M.int•er : 11r, I...herii swears that ;tent•:ii
left Eng Lind for the Contiu‘r.t. thy he has ;nit rsiurnod, and t: at
he knows not when he v• 11. It i indeed a str.t,re tierurrerer. beat
ffira...trltr, shroll:2, at doe close of die reason, go abroad,
and not lir:ye vet rroarrid. Ica. h.; bound by his lease to sty.
Ilcrt am dean itaptiste Itend;i, returned fr.all abroad? Ras
he to pantile before tie. clone of Chen, show himself to loin•.
and tall for his malice? This may he ca11c•1 fsreical, IteteNt
hail di ite the very state thing last reason. lie hail awn acted in a
manner most daring for ant prison who hail taken it lease of the
/peva flon-c--he hail actually gone ahrostl, auci hail not returned
until a still Liter period than the.

Mr. lI...NT—Vet I riot to loinr. if. revi.ll‘ in I*k Icavin;
marary 11/Pt year, he advvrti,d the machintry of the thcAtte tur

Mr. Syrinr a—.lnil I want In know if he had not In fed
it; it was his; he had paid ten i:. Is not 11r. ISelcili'tt I.ls
own, like that of every other person ? It it met at his l'••cnrr:tirl cad
discretion ? It rot there still sufficient time to open the thews; ?
It it also said 10,01i0?. are due to ai tors, he. Suppose so: will
this give Ebert a ritcht to get hack the theatre? flat he not
brought an action at law upon the bonds given by his clients? Ile
has chcten his reatcd.lt; and can lie, when tic Ling, an ac.ien toe

non-payment, take away that property nut of which the payment,:
:,re to be male? It was, to be sure, most confift.nt frith equity to
fay, "five me. all my r:ghts, and then I will take, away the pm.
petty atsign.,l by law, anti strip you of all the righ:s you possess."
As in Item:ilea not returning to this country, Mr. Lbeifi does
not swear it ; he cannot prove it. lie is not t 3 swear to mere hear.
ray: he it rot to swear to all the idle trash be listen hi ennvcrsation
in his corms. If he swears he believes nil that is said at thee(
ntectin;rt, I,e may swear to any thing, for all things are ariken of
there. lie compl,,ins of the manner in which the money is mid.
What. then. has he not his remedy at law ? let him have all the
penalties of his bontl—but he must not talt.:ol front of : let hint
take all legal reerrities, but he must not ti.lte all the pre: • rty as.
~igned to us. Mr. Ilbers akin states that many of t!ir : •r::iriners
will he er.gsgetl at other theatres. Ile forgets himself; lie thinks
that lir is sill the propeiemi of this theatre. has he s right
'to say "enr.eige th.s or that performer?" now nm he point suit the
time of making such engagements? 11r. Benefit is now abroad,
most rol'!hsbly engaging performers, a4di3g to thrt variety which
the public likes. Can Mr. Fibers, in his omniscience, deelme the,
Bettelli is not en employed ? But at all events Mr. Elver- has tin
right. by contract, to name the time, and the performer% who are t„
be engaged. lie also states this motion to he reemesary to re.!er •
conlielatee to the mind% of the perferment. What is that t.•
, him ? It is surely sufficient for him if he gets his money as I.
riuirca it.
the Loan CITAICCELT:III.—WIIit do you mean when yc::
describe Mr. Eht•r3h, rooms?

Mr. St:uni: ta--Mr. fibers is a bookseltie. and his mann aro a•
tended by persons of the greatest ennsluent," in London, for th
purpose of reading the rapers. He tad not mean to speck disc -
spectfully when he said the tittle-cattle 's( thaw rooms was not to t
bettered. There was alto In the hill a melancholy vimunt of th •
want of fire. light, and nil, and yet the hawse is van! to be it imm'
vent danger of lire. The ',aired Gentleman roncluerd by refit.:
the Court had no joriatliction in this ease; it hail ro antlionty ;
applitation was made by one party only, to put an end to a legal
contract, under which money had been expended, ar.l in coose•
spence of which many anions were brought, and were now 'limit
ang. If the motion were granted, its result would he. that the
Court would allow all the benefit to one party, nod 'coca take
from the pewee that which was demised to him. If his Lordship
anpointed e manager, Ice would takes away the least °worship
without a breach of covenant brirg found by a jury. .Mr. Ebero
asked to be himself appointed a manager. He wet..i lie the last
person his elienta would wish to appoint. as they complain in their
bill that he, by management, lost 10.1011. in the %tuition of MR,
and had, by untidy dralirg. transferred the 10%11 to them. lie there.
fore hoped the motion would he refuted, anal he felt lie wootl not
he doing his ditty if be did not press it upon his Lordship to retie
it with amts.

•
Nottrot followed on the sant! side.
Mr. Hoe ,ppesred for the Marquis of Hertford. the Hon.
31r. Roue, and Colonel Cooke. They world have no objection to
Imre the matter in the hands of his Lordship. or of anvbay else.
if they were reler.wd from their bonds. He did not knOw how his
clients were concerned, but it was clear that they were reckoned im-
portant, otherwise they would not be made detendonts in this suit.
Ile questioned if Mr. Chem could bring his clients Into this Court.
When he brought his action sgainst them in a Court of Ce ninon
Law, Rene was the lessee. and if the lease was had. his Lord-
ship's assiltance was not wanted • Ebert could proceed by eject-
ment; but the lease was so good,' that be was obliged to come
here. _

The Lorin CHANCELLOR—Vow . clients are not only hound to
the rent of the theatre, but to all other claims that may be made
upon IL
lIOC XE—Mr. Benell being a foreigner could haw.''n pro-
perty in lands to serve as an indemnity, however reseeetable he ma
Le. lie was not opulent. Mr. Ehers nude therefore, a
miner! that should find a certain sum of money, and ledge
it in the Bank of Chambers and reurpany ; his noble clients took
the same view.. and slay Benelli bad no property of his own, the
wt.re determined to look to some, out of which they should work
then own indemnity, if he did not fulfil his own engagements. They
took bonds, which gave them a right against Benefit ; as to the
right over his person, that was evidently slight, and it, as it was
said, he had gone abroad,: it was none at all. last year he did not
return till the 16:h Ihrensher ; he may still return, wid bring with
him those performers who were necessary for the theatre. It was
said that this year. previous to his departure, he had advert ;scd the
dresses,R.c. of the t/pera.houste. This was not done by him, at
least it was not proved ; but suppose he had done en, was the Lord
Coancellor to look into the interior of the Open.lsouse Were
the stale dresses and decorations to be kept as heir loom. ? He was
no fudge of such matters ; the Roman stage had hut few deco-ations„
but he believed new dresses, Re. were the greatest attraction the
modem theatre could boast. How, therefore, could it be objected
to Benelli, if, r.uthorized by his contract, lie raised money by sale
of these articles, and paid cif the incuniltrances of the preceding
year? What right had the Court to interfere ? Ills clients had a
right to look for an Initemeity ; they did not mean to wring It from
Bandit's person ; if such was their intention they could have no
Opera, for It could not he carried on without him. When Mr.
Ehers was the manager, he found himself incompetent. He there-
line gave up the direction to Ilettelli, who was both competent and
trust.worthy. He was, in fact, the great artist. This, therefore,
was not the case of a enuitnni trustee. Vie must consider what
Benelli was, and is. 1:e executed counter securities to his clients
as indemnities. Ebel% said to Bentlli. " You cannot pay me rent
1 mast have men of the highest rank in society an my security."
Ile did not blame bins for this ; hot if Rena is in possession, ac-
cording to his contract, how can his clients be at once defendants in
an amen at law, and in n court of equity ? They may say to his
Lordship. release us from our bonds, for if you grant the motion,
the consequence will be, that there will not be binds for us out of
which we can work our indemnity; and an additional aggravation
will be, that the property will he taken out of our hands by the
very person who made the contrite, Ebers cannot do this until be
released his clients from their contract. There was no equity
again' them; they were broveht there. tot by any niistonduct of
theirs, but in consequence of certain relations between Ebers and
Benelli. There may be equity between them, and therefore they
rannot be deprived of their legal estate in the Opera-linise. If
Bbers have cgtoty against }lntent, and prefer it to his legal con-
tract, he may have that equity hut his clients must be released
from a new state of things bran ht on them, not b their own
misconduct, but by the acts of others. Ile concluded by saying
that one of two tow:repent-es must attend this motion; it would
either fail, or, if granted against Itenella it must be on condition
that his clients were released from their hands and liability.
Mr. Tag:gime E, on the same shic—llis Lordship had en objec-
tion to the management of one Opera House. It this motion were
11 granted, he would perhaps have the management of two; for when
Benefit returned to England with his prelim:ins, he would of course
have another (Vern I louse.
Mr. 'Lute, its reply, said, hid I.ertrnel Friend (Mr. Sugdet)
affirmed it to he impossible t'or th- lewd Citancel!ortn gr-nt his too-
tints ; hut he had seen his Lonlship do many °filmy impossibrnenk
notwithstanding the predictions of 11;1 Learned Friend. If his
Lordship could see in Benelli anything btu an absconded in/elves&
debtor, who owed his protection front the law to his atetence—if his
Lordship couhl see anything else in him but a wish to destroy the
property as far as he was allowed to destroy it. he would then have
no tight to his motion ; hot his [tonightp could not he **judicially
blind as net to sec the ed•ject of the rattles. The object of the dis-
pute was not to preserve the property, by which they would all be
preserved, but the object was to wring from Eisen a release from die
cor.fitions which effn.ted them : to effect this, they would not let
tic Opera go on. They said, "We will bring ruin on your heed
slug (Anent avert it, unless you give up our securities, which you
have fairly and honourably procured. 'Fo this we wii; induce you
by situ:tint: op the hedge, and tines fin-ring you to give up our col-
lateral sentrities—those vete securities in cons queer: of which yew
are placed in yoni pit-rent vondition with Benefit," for it ws • in con-
sequence of his connexion with those noble and wealthy persons,
this Italian pentioner was admittedinto this valnahle property-
This was the Indirect motive of the defendants; but the Court wm•ld
rot allow these motives to prevail agt:ii.at juctice. As to the re-.
triter, Mr. removed the one whese cer.duct and character
were a security to all ; whether he appointed another or not, was
itnmaterial, as no money went to the bankers*.

The Llano l'itaiwcrt.Low—This matter is mere complicated
than I was led to kha n.. There are two irdentures--one a lease,
the other a contract. The t Wee: of the sureties is a questimi quite
independent of the indenture of Inv. I trust comodersetiously
what effect this motion rook, have on the sureties. There are two
deeds of equal date—ore, the contrart, may raise an equity nut sup.
lewted by the lease; it is therefine an imporont question, that if
this motion do tint liberate the sureties. the indenture of lease must
be carefully attenikal in. erd thowth the motion do not require him
considn the effect of alratroylm: om part of the indenture, he
cannot discharge tram his mind what the effect may be on the
sureties. It was with a fixed and clear principle that sureies may
spy, we can ha placd under bateau monalsnent, but you must
not enter into it without our c-nsent. l'ouid rot the .reties say
to Earn. it' you take possession of the theatre all future eons,-
quences between us must be sett,. tl it s l'isart at' Justice? Could
they rot say, you shall not have us es anreties if you do not act
according to tour legsl powers tinder the deed?
:lir. II AFt t' said, the person en witoni the defendants relied had
,ritnnatly defaulted. Ile had :akin dt .leeisiTe ten of advertising
irrrzt--;, 7."1: "..•e.!:". Zt% I C m T te
had done I.othing to bring over perfotmcm ; and their situation was
this—they could, by the contract. be dam:tin:al inily to the amount
uf j.l.othy. and Ebtrs mar he entirely ruined.

y
The I. sit Cu A CY R— he ouret;cs rrsr say to Ebetw,
" You hare the right of re-entry ; and whcn yeti take Polllollioll of
the proprr:y. smt may make what arrangcno Lis you plate about
tiiet Ipers• tneretOre. it 14 you, ant not we. that ke,r,,,,e acme shut."
Ilr. Ebcrs nor retiy. " I would r.t her hay: sour I I.Mtd. than thus
po,gt."Mil)ll of the OV-ra-laroise." In look:ng at the deed, Iwe a
Lst of these important people, sing,n, told Actors, w hose engage-
ments are not yet out, art the defendants ate sure,La tur their
tiaima as well as :;1y the rent.

.11r. Ilaser—smut•ihilig inight to he done to ke'r the nncctn
;rem ruin. The atiliscriptiima last VC :if 3mminted to ;AMON. ; the
expeuxot Ira: nut near mu much; but we uu nut know whut bcwte
iit tiir•

- -
I lie n::ll4re appeared to he 9onle dircussion rcspieting an ar
T.ll,:ellt,Pt of difference. between all marti,..a.l
The !,o t Cll AN C 1: LL oerfarmt re must be paid init.
Any rntlairr.” tell me. if the 50,0141. paid the actors ane
4'.”;.: I do not knot,- if the question be fair ; if it be not, let it
rot be rnaircriel. ills :.ottlaitip was informal that theae expense.
a.rour VA! to er.r ; thr sub•erift :tins were 30,0001. ; tlar
ou•reinp of the fheatre ware Gum n-3.00tv. to (:0.0101..

Mr. 11 T —lf way the duty of ti.c tleietklants 10 Pity to El
" We do co! with COreetTICA w ith ''on u we were with

- -
,•rroond thin theatre with 'nine ti!an that may prevelw
sernnd inisiLmetion of tile fiends,: we chi mit mean to shut

Or, r. ht-Jse ar.,l 2.ilt:•rint the p:•01.•.c. but yuu, Eberf:mittst----

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tawrima dist is ressonablee we until not be plated a second time
iwtstillattsms Point out to us how you mean to arply a part of
she Warm which is now fixed to indemnify us for the losses we
hoseetalready incurred." If this was said, Mr..4bers would hare
rated the parties out of Court, and would hare searched the es-
pial' of Europe foe those foreigner. who prefer England, where
they-sore better mid, and more thottuht cf than elsewthre.
Mite lames Cu•mc • Lou—There are tao different qnntions
%awe was—one as to the obligation of the smetiea. the other ea to
tae indenture of lease. They me both of equal date, 12th July ;
this was in his mettiorr. lie had read them wish the greatest at-
eantiers; in the one deed of the 1201. the reentry was merely de-
now win the other of tin., date, it was absnluielr amigned with
covalent. What 111111 to LT0111: of .t at die end of three years?
This was itself* reettrite ; and the nnerion was, what could he
ttahl reopeet of the aoretrship lie would look into the paper,
form the Counsel LO4IIOITOW.

COURT OP KING'S BEMD, TurasnAr, Drc. 2.

eirrimulat r. Ll' II N AND MAW
. . . .

Ale. PCIIIILETT stated the case for the plaintitt. This was an
anise brought foe the recovery of 1001. which the defendants had
received fat the use of the plieimilf. The defendants were the pto-
mains,' of the house well known by tile name of the %I'M:bread
Brewery; they were al.,' wmreg.iig. es of the !led I:inn public-home,
Pleet-latto. The plaintiff' had purchased their interest in this
'lnnate by paying wet. ; lord it was agreed that the mortgage
should be withdrawn, and the title to the premise's made over to
Lim, on the bother payment of 1.1001.
Mr. (tunnies appeared for the defendants. It appeared that
they bad a mortgage of 1,41101. on the house, which belonged to a
person of the rano of Wells. Finding, however, that IVella was
rot likely to pay this -um, they entered into a composition of the
droned, and consented to reeidre Wells had entered into
this composition. in the hope that litithrielge would he able to dis-
pose of the premises by auction for a larger sum. Wells, however.
failed in this ciente, tatlon. and purchased a release of the composi-
tion for 3.W. The plaintiff now claimed the repayment of his de-
posit of 1001.; blot the defendants resieted this claim, and required
the fulfilment of the stipulation. and the redemption of the matt-
gage, by paying the balance of 1.100/.
Tate 1•01i1) (litre JUST ICE submitted for the consideration of
de./sty-Ist, Whether the money was paid by the itlaintift. to
Wells or to the defendants? and secondly, whether it was paid as
On instalment of the mortgage?
The Jury retired for a few minutes, and returned a verdict for
plaantiff—ltantagos 1004