The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-17 00:00:00

LAW NOTICES.

.COURT OF CHANCERY.
/031 TSB LOUD CIiA?CLLLOR. IN LINCOLN.* INN WALL, Ina MAI*
AT TEN.
Bankrupt Petition..
Exp.Dalmaine re Dal-
rnaine
Kirkpatrick re
Dennett
Ford re Ford
Leyland re Mode
Holland re Marsh
and Co.
Holden re Rally
Harper re Marsh
mad Co.

F:xp. Bourne re
Bourne, pt. hd.
Colllnyerx re
Krure
Sutton re Arnold
Dwelt Nadi re
(left Y, 2 trrrner
pettrian.o

Exp. Tomllna re Tom.
Ilna
Collier re Yhep•
hard
Cowley re Herbert
Same re Sam*
Hall re !ivied
Collier re Shep.
• hard
Pierce re Dann.

. - --- --
Terry it 1.1111.34
Ciil.e.un re Miu.
thin'

Mr. 'mike IYoTr yd
1.:4,1een o'clock in Cie n,

CIIT OP KING'S REM
will attend Chambers,
I,llJeni. Hated August l

„...
on 4sturdx7 next, se
I rp, I

LAW INTELLIGENCE.

COURT OF CHANCERY, Wensemnen, At/GUST 16.
COVENT-GA TH EATRE.
COST V. HARRIS.
On the Loan CHANCELLOR entering the Court this morning,
Mr. HART reminded his Lordship that he had promised to give
judgment in this cause to-day.
The Loan CHANCE LLon said thus he had read the affidavits
with a view to that part of the case which was heard yesterday, and
his opinion.with regard to the payment of the bonds and bills of
exclinnge was, that the reeeirer ought not to discharge them. If
lie were to permitted to do so, It would be altogether a dem-
tem from the practice of this Court. As to the late. and taxes that
were due in respect of theetheatre.le cotild not see how it was pos-
sible for the Receiver to avoid paying them. Had he not done so,
the consequences would have been must serious to the concern.
The sum which was required by Meseta. Conat and Harris to be
paid into Court was 19,140. 11 ould the Receiver, Instead of pay-
ing that sum, immediately pay in 10,0001., and take a reference to
the Mare, as to the tuxes and rate.?
Mr. HART said, if the proposition was that Mr. Robertson
shrink] undertake to pay into the A ceountant-Genend's Office
10,000/. before the 25th of this month, on which day that office
closed, he would, without the authority of his client, take upon
himself the reeponeibility of consenting to such an order.
The Lotus Citexceetaea thought the proposition was both
fair ant reasonable, for had not the Receiver paid the rates and
taxes, they must have been distraiiied for upon the property, which
would have ruined the theatre.
Mr. SI:GDEN observed, that if hie Lordship thought the props.
sition a fair one, lie could say nothing against it, except that
Messrs. Willett, Forbes, and Kenible, by their own agreement, had
undertaken, nut flay themselves to pay the rates and taxes, but
also a large sum for rent, which still remained unpaid.
Mr. SHADWELI. asked his Lordship to extend the time of pay-
ment beyond the 2atli of this month, as he had been informed by
his client that there was a physical impossibility on the part of Alr.
Robertson to pcy it by that time.
Mr. HART presumed that to mesa that he had not got the
money.
Mr. SHADWELL admitted the correctness of Mr. Hart's In-
terpretation.
The LORD Cuetecet.eoit could not order the time to lee ex-
tended beyond the 25th. His Lordship then alluded to the vaca-
tion, and said thitt in 'former times this period Of cessation from
business was with tr. view to release the Chancellor, and that the
practice was for the Master of the Rolls (there being then no Vice.
Chancellor) to transact all those things that required despatch during
the vacation. When he was as the bar a singular circumstance
happened to himself, which, as it was a professional anecdote, he
would relate to them. On one occasion, Mr. Honig, the banister,
went down daring the vacation to Sir Thomas Sewell, at that
Learned Judge's seat, at °aerobe*, for the purpose of having a
case heard ; but Sir Thomas refueled to hear the Learned Counsel's
application. because had omitted to bring with him his gown
and wig. It happened that he (the Lord Chancellor), at a subse-
quent period, also wished to apply to Sir Thomas (luring the hole.
days, andreollecting the essentiality of gown and wig. he carefully
deposited them in the chaise with his brief. On his arrival at Ot-
tershaw Sir Thomas came out to receive him, and perceiving the
forensic paraphernalia, the Learned image very poltely requested
hira not to put them on. (A. laugh.) Last vacation, his friend.
the Mester of the Rolls, was at a great distance hem town, and has
friend the Vice-Chancellor was abroad; the consequence of which
was, that he had a great many Chancery Sittings during the holi.
days.
Mr. HART would make a proposition that would remove Mr.
Shadwell's physical impossibility, now that he (llr. Hart) under.
stood what physical impossibility meant, which was, that if Messrs.
Willett, Forbes, and Kenible, would come forward and consent by
their Counsel to have their names jointly introduced into the order
with the Receiver's, that they should pay the 10,0001. into Court on
or before the first day of next Term, be would accede to the exten-
sion of the time; but it was not to be understood that there was to
be any reference to the Master.
Mr. SrenEN, after lie heard this, did not object to it.
Mr. SHADtcEt.L was iii,trnetett, on behalf of those three gentle-
men, at once to appear far them, and consent to Mr. Hart's pro-
posal, Which he did.
Mr. Beret then added, that this in a great measure put an end
to the case, and if the parties were *lea, the Court would never
hear of it again.
The'Loan CuaxcEt Lon considered it a reasonable proposition.
Ile had repeatedly considered the decree made in this cause, and it
appeared to him to have been made on the assumption that the ma.
nagement of Covent-Garden Theatre was to devolve on this Court.
lie disavowed the jurisdiction of the Coin: to carry on such a con-
cern, and he wiiied all the parties to understand, that if it was
their intention to contuma to keep open this theatre, they must take
It out uf Chancery. The extent to which the jurisdiction of the
Court went was to treat this case as that of a partnership concern.
and no otherwise. He should regret applying :Le principles of the
Court to this case, because it would go to destroy the amusements
which the public no doubt enjoyed by visiting the establishment,
but it entirely depended on the patties themselves whether the
theatre continued to afford that entertainment or not. The terms
of the decree went to make either the Chancellor, the Master of the
Rolls, or the Vice-Chancellor, manager of this theatrical concern.
How far the two gentlemen lie had just named were competent ma.
nagert he did not know, but for himself he must confess he had no
skill in carrying on such an establishment.
His LORDSHIP then ordered the Receiver to pay into Court the
sum of 10,0001. on or before the first day of next Term, according
to the proposition of Mr. Bart.
°LAM/4670N V. THWAITES.
Mr. ROUPEL hoped, before his Lordship left town, that he
would dispose of the point in this exit.
The LORD CHANCELLoR said he certainly should. He felt
greatly obliged to the Learned Counsel for mentioning it, though
he had had the papers in his hand this very morning. In the
course of next week he hoped to get through a good many judgl

POLICE.

FRAUD.

hiwxstow-HousE.—Tholitas Ann!: was charged before the
Loan MATOR with having fraudulently obtained a bill of ex-
change from John Thompson.
... . • .

The prosecutor, who is a poor illiterate baker, deposed. that the
defendant came to him to sell him some flour, and got two bills front

him, on pretence that the flour ►hould follniiimiticdtstely ; but it
never Caine, and the prosecutor was arrested for the amount, thrown
into prison, and compelled to take the benefit of the Insolvent Act.
One of the bills was drawn by him on the 17th of April, and the
defendant had altered it to the 27th of May.
The Chief Clerk said, this was a forgery. The alteration was
palpable.
The prisoner Annis said, the bill Wfti given him in dis-
charge of an old debt, due to him by the prosecutor. The latter,
when it became due, requested further time, and he had made the
alteration at his request.

The prosecutor solemnly declared that he had never given any
such authority to the prisoner.
The Loan MAYOR asked a gentleman who atterded as Solid.
toe for the prosecutioo, what object theFrisoner could attain by the
alteration !. . _

The Solicitor said, that at the time the ptisoner got the bill dis.
counted, it had but a few days to run; and his wish to get the
money upon it, and other circumstances, tendered the alternstive
desirable %s him.
The Lona MAYOR remanded the prisoner on' the ehargeof
forgery.
THE THAMES FISHERY.
_ _

. - -
John Deer and William liava,aod were charged wilh basing
used unlawful nets.

Rough, the assistant Nirater-bniliff. deposed, that he had found
the prisoners at work near Fulham Bridge, about two o'clock in
the morning. They had got inside of the stakes, which the gentle-
men anglers had fixed in that part of the river for the protection of
the brood of fish. Their mode of catching the fish was be dis-
turbing them with long poles from under the arches, anti the
boles in which they took shelter ; chains were attached to these
poles, which made a great noise. The case of the gentlemen
anglers" was extremely hand; they threw in bait to teed and
kern the fish together in this quarter, and when they came in the
morning, they had to watch their floats fur hours wuhout getting
even a nibble, these fishermen having on the overnight swept the
place with their unlawful nets. The fishermen rowed by and coo-
doled with the anglers that the fish would not bite, well knowing
that there were none there.
The Loan MAYOR Condemned their nets.
It was stated, that in consequence of the care which hits been
taken latterly of the brood of fish, jtylooking after unlawful nets,
the supply in the river has this yiturtWeir particularly plentiful.
The Chief Clerk announced, tOs;"symptom of increasing piety
amongst thieves, that several of thi.Nstaments need in the Justice.
room, for the purpose of administering the oath, Matt been stolen.
It could in hardly said, he presumed, that the:bid been stolen
for dig purpose of profit, since Mrs; wete so 011111silid dim se not
to be even Of the, yaks' of wastepaper. **
It was stated by the Loan itiAtrott, to relieve the minds of those
who thought the amount of the easiaosho was committed foe steal*
ing the table might not be true, theatbahad previously been &wiped
with a felony. -.
fininsicaira„,finere Rienneltil was re-exastlawd, owe
drew, of neglecting to provide for the maintenance of two Olds
chili/rem
The Chisrebtradea of St. Peter's, by Paul's Whale, stet* that