The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-06 00:00:00

CONST v itAnnts.

Arguments were resumed in this use to-day.
31r. Twiss proposed, on the part of Mesas. Willett, Forbes,
and Kemble, to take the accounts before the Master, and show
how the monies were expended.
The Loan CH AN CE L LOR said this was an application to the
Court to give directions to the receiver respecting the appropriation
of the nightly receipts of the Theatre. The proceedings in this
case was not to be distinguished from any other cases of partner-
ship property, and perhaps the patties would find out before long
that every shilling spent in the Court of Chancery would be thrown
away. The present motion referred to an order made some time
ago respecting a certain deed. il'hen the motion was formerly
before the Court, it found itself unable to take any course but to
call on the proprietors to meet and decide in what manner, and to
what purposes, the receipts should be applied. It was not the duty
of the Court to call on that assistance. For his own part he was '
unable to come to the knowledge of the manner in which he should
administer the afrairs of a theatre, and indeed he never yet knew a
Judge competent to do it. Accordingly it turned out that the
Daniell always comprontised, being satisfied every shilling spent
here was lost. The or.ly case where a Judge did settle such an
affair was when Sir Win. Chant directed the Opera-house to be
sold. If, as had been represented by the present applicants, the
Master was wrong, the Court had nothing to do with that on the
present application. The matter must be brought before it in
the shape of exceptions. Theutmest limit the Court could go to was
to order that the nightly receipts be applied to meet the exigencies
of the establishment, so as the concern might proceed. Ile could
not give any directions as to how the surplus should be applied,
but if he were pressed for a decision lie would order that it be paid
into Court to abide the decree. There was no way of quieting the
patties but by transferring the concern by sale Into the hands of
people that could agree, and this they must expect it' they did not
come to an amicable agreement.
Mr. Haar said that Mr. Conet would most cheerfully obey any
order the Court might be dispelled to make. He deprecated, how-
ever, being sent back to Messrs. Willett, Forbes, and Kemble, who
would come to no arrangement.
31r. SUDDEN said, on the contrary, Messrs. Willett, &c. in-
vited Mr. Cons: to come to terms.

The Loan Cnauctu.ou—Where there is a majority they
generally take whatever course they think right.
111 r. Haar —These gentlemen al wuys hang together.
Mr. Twigs said it was right they should, when it was fora com-
mon purpose. It was different with the lessees ; they did not
bang together, but came into Court on different titles.
The LORD CHANCELLOR-If the parties come into Court, on
every occasion they will tind it bring about not only thew own
ruin but that of the concern. If they sought the opinion of the
Court they must he treated as. common partners. His that award
would be, that the prolita of the day should satisfy the demands of
the day, and the rest abide his decision. This was the common
principle of partnerships, and thonld be at:hcred to in the present
ease. He could rot dismiss front hilt mind that a debt was hanging
over the concern which would render !inch en order ruinous to the
pasties ; but if they called fur his decree uri Thursday they should
harsh.

11r.Svonser was afraid he would have to call on the Court for
its determination.

Mr. Twiss said his clients were noxious to come to an agree-
ment, and had no apprehension of his Lordship's decision.

CRAWSIIY r:.COLLINS-7.IIROWN P. DE TASTET.

His boarish:li void be swab! give judgment in these eases on
Thursday or Friday.
Mr. HART made an observation at to the propriety of mixing up
the two case..

The Loan CHANCELLOR—I do it to illustrate the doctrine ap-
plicable to both.

CLAD TONE AND °THUD, r.DENTITII AND OTHERS.

Mt. HEALD addrateed he Lordship, just as the Court was '
rising, on behalf of Messrs. David Gladstone, David Paton, and'
James Wordley, merchants, nt Liverpool, formerly carrying on
business in co-partnership with the defendant, Jcv.n Dewitt), as
brewers, at Nantwich. in the county of Cheater, under the firm of
D. Paton and Co., and after briefly stating that, notwithstanding
an injimetion had some tune since been obtained against the said
John Dentith. to restrain him from drawing, accepting, or in-
dorsing any bill or promissory note, in the mute of the said late
firm ni D. Paton and Co.. observed, that within the last few days
two hills of exchange, purporting to Ire accepted by that firm (one
for I,ofrit and the other fur folan.), hail been left with !Jetsam Jud-
son and Cook, highly respectable men in the City, by a Mr. George
Dickson, who, with Dentith himself, waited upon them to know
whether they Clients. Jettison and Cook) would sell goods, and
melee in payment .the befixe.sientioned bills. Messrs. Judson
and Conk, as respectable tradesmen, naturally made some inquiry
respecting the bills before they parted with their property, and the
reptile was, that they were convinced that they should neither be
justified. nor acting honestly in the business, if they had anything
to do pith the bills. which. as before said, were still in them
possession. They, Illestens. Judson sr.d Cook, accordingly ap-
prised the parties in Liverpool of the two bills which had been
offered to them, and which they then held. Under these circuits.
stances, therefore. be (Mr. Heald) had to pray his Lordship for an
injunction, to restrain Messrs. Judson and Cook, who had acted
the pan of honest, respectable, and disinterested persons, from
parting with the hem bills in their procession, and also to extend
the injunction to restrain culler Dickson or Dentith from taking
any legal steps against Judson and Cook, to compel them to de-
liver up the bills.
The LORD CHAWCELLOR immediately granted the injunction
as prayed, bids as against Messrs. Judson and Cook and against
Mason and Denial.

VICE-CHANCELLOR'S COURT, lIIONDAY, Drc.