The British Press; or, Morning Literary Advertiser.
London, England, 1820-12-14 00:00:00

_

PKI f.:IIS 7d.

- NUMBER 5624.

THEATRE•MIY AL, DIWRY.LANE.
THIS EVENING, THURSDAY. I)er. 14.
his Majesty's Si-resists will perform die Cotnie Opera

rartnersliip. Theo what authority hat, they to
borrow ttiotsry for two months ? The Counsel far
the Defendants hal *writ, that after the pretoists
of the Plaintiff were bortit down in Bolt-court, he
withdrew his assistance from the Dtleiglanta ; they
had forgot to state that the fire took place in
Julie 1819, and that he coot 1111 l erl to discount the
hill. of the copartnership moil Julie 1840. The
Plaintiff, according to the deed of partnership. %van
not to take ell active part in the copartnership ; nod
he did not' for he hail the moat unlimited cunt"-
deuce in the Defendant": so much so. that be
newer called fur the interest of the 2,0001. he had

of
THE. ENGLISH FLEET IN 1342.
no Montfort. Count of Brittans., Mr. Thompson; Phillip,
.Tr. Gallic; Vs!online, Mr. Brahaws; Captain FOzwatrr,
Mr. Duro; slsiumast, Mr. Minden. Jane, Countess of
Prittall, Mrs. Koltun; Adela, Miss Smithson; Jeaaetta,
thirloßt ; Katherine, Matlatue Vesitis; Isabel, Miss
COAL

After which, the Entertainment of
•rtir sty,pic.; Or, THE MAID OF PALAISEAV.
rsr.i, Thompson: Farmer Gervas, Mr. Cattle;
Noi-••••• Mr Knight; Isaac, Mr. W. H. Williams; Richard,
HI! d. Annette, Miss Kelly; Dame G Mrs.
11111.,
The Mora will lie opened at Half.past Six o'Clock, and
the Performances on each Evening commence at Seven.
Row's. 71. ' • Second Price. 3a. Ad.—Pit, 3a. Ail.; Secnad
nice, 24.—Lower Gallery, ?s.; Second Price, Is —Upper
in Wry, I ; Second Price, Oil.
Places to he taken of Mr. Rodwell, in the Rotund. of the
Satnun of she Theatre.
Private Howes can only he obtained fur the Erasing of
Mr. Rodwell, at the Box-Office.
To-miwrow, a new American Moans, in three acts, called
Pocalinntaa, or The Indian Princess--With The Sroird
Child—and Of Ace Tomorrow.
On Satitrohy. the Opera of The Lord of the Manor, with
The Lady and the Dena.
Corinlanus is in preparation, aa will be announced in a
few days.

Tent to the firtu. Ile aka Mil hikiiies* es a printer
for the firm to the amount of between three soil
4,0001, not one shilling of which had hien paid
him. It happened, however, in the month of M.y,
1830, the Defendants put into the Plaintiff** hands
• number of bilk to-discount, VIIIICII he supposed
to be bilk that came regularly into she concern,
and which he discontred ; one of them was re-
turned to the Plaintiff rh.hunnirrell : it was accept-
ed by a Mr. A,lulowit, • conveyancer at Tunbridge,
and when the Plaintiff wrote to that Gentleman. nn. .

the subject of the bill, h• answered that he was taut
habit: to pay it, as lie hail accepted it witlinut value,
to accommodate the urfendantr, the Planner

copartners. This nits the ground or the l'laintiffs
first alarm, as he thought if there W3S out accom-
modation bill thtre might be more; and there was
nothing that would atom a man more then to find
•ut that he wok embarked in trade with persons
dealing in accommodation bills. AS to the mo-
tives of the Defendants for their conduct, he had

Tit EA Tleli-ROYAL, CIPV EN7'.O.4RDRN.

rrims EVENING. THURSDAY. Dec. 14,
X will be performed As Omottiy of

A NEW WAY TO PAY 01. D DEPTS.
1.01-1 I.ogrl, Mr Egerton; Sir Giles Overreach, Mr. Vie-
holr (bis first appearance in that Character); Wellborn,
Mr. C. Kenttole; Allntroit, Mr. Connor; Justice Greedy,
Mr. Blanchard; Macall, Mr. W. Farrrn. Lady Allwortb,
Mts. Knight; Margaret, Miss Foote.
After which, the Opera called
THE BARBER OF SEVILLE.. .
Coont Almsviva, Mr. Jones; Docto► Rotolo, Mr. Faw-
cett; riKarn. Mr. t.istnn ; Fiorello, Mr. Pyue. Itosina,
Miss
M. Tier; Marrellinn, Mrs. Sleeting.
Boar., 7a ; Second Prier, 3s. 6.l.—Pit, 3a. 6d ; Keened
Prior, es.—Gs!lcr), 24.; Second Price, Is.—Upper Gal-
lery, Is.; Secwoi Pr ii e, 6,1
Places for (he Unites to be taken of Mr. Brandon, at the
Bux.oll4e, 1-stretl, from Ten till Fonr.
A Private Box may he had fur the Season, or nightly, of
Mr. Brandon, at the Box-Office.
To-morrow, the Mus;cal Play of The Slave, with The
Waclock of the Glee.
t►n Saturday, Shskspeari-'s Tragedy of King Lear.
Os Monday. a popular Tragedy of Shskaprares, in which
Mr..Vaaldtlihuff will pert am.
On Tnesday, the new Historical Tragedy of Wallace.
On Wednesday, Shakspeare's Comedy of Twelfth Night.

nothing to do with it ; but the facts adm►tted by
thenvielves was sufficient to justify the Plaintiff iu
the step lie had taken. They had achnitt.tl that
the hill of Avhdowts was one which that Gentleman
_ .

lout received no value from !hem for.

The De-

letidant Maunders load stated what wal incredible :

that he had taken the hill as it security, when it
was his own draft on a person who would not pay it,
because he haul not received value fir ir, 'rhea ou
Una corning to the knowledge of the Platitsitf. lie
refused to advance more money to the Defendants,
which, lie contended, came strictly under the co-
Tenant of the deed of copartnership; for if
there was a breach of a covenant, let the sum be
ever so small, still it was a breach ; like the story of
a man who stole a pig, and being accused of it, he
said it was a very small pig—lie we*. however, con-
victed of the theft. The Plaintiff charged the
Defendants with entering into a negoeiati tttt with a
Mr. Vestal, for an exchange of paper, and by an
entry in the Defeudants' hooks, it appeared that
nit exchange of paper did take place between
them to the amount of 1,4001. And how did the
Defendants explain the transaction ? They stated,
that having bills of exchange for small sums they
put them into the hands of Westal, and took his
acceptance for the whistle amount, 1,400/. This
transaction alone, he contended, would he consi-
dered by any Court of Law as a breach of a core-
; tend of a contract to prevent one partner from mak.
tug away with the property of the copartnership.
It was necessary for bun to draw his Lordship's
attention to the manner the partnership accounts
were kept by the Defendant*. After all the in-
dustry that had been used by the Defendants on
them since the bill was filed, they were stow so ob-
scure that no man could ascertain what was meant
by them. The value of account-books to the trader
Ire had always understood was, that they should he
faithful records of. what was isaatiiig the trade,
and such compliance was required by the deed of
copartnership; but instead of which there were
new entries in the books, purporting of anterior
date ; at the same time the date of the item pre-
ceding spewed they were made since the ia.
junction was granted. The Learned Counsel then
stated, that intleitentlent of the two thousand pounds
lent to the copartnership by the Plaintiff, lie was in
advance to it in a slim of near 7,0001. besides the
Defendants having implicated his Lame in bills to
the amount of 19,0001. It was not necessary fur
hint to go further into the detail of facts ; but there
was one transac that he must cull his Lordship's
attention to. The Defendants had a-clerk in their
service of the name of Chambers, whom they paid a
salary to df 40s. a week ; they writ him down to Mau-
cheater with books to the amouut of between S and
WO/. and immedistely after hie arriving at Menclies--
ter the Defendants drew bills on Chambers at a short
date for the whole amount. Could there be any
doubt but that Chambers was sent to Manchester
by the Defendants, for the purpose of hiring off
their accommodation bills ? He would not occupy
any longer the time of the Court, as he was coo.
vinced lie had shewn enough to his Lordship to con•
viiice hint that the injusiction ought not to be dis-
solved.
3lr. Mau) followed on the same side, and was
heard in part.
The LORD CHANCELLOR, at two o'clock, ob-
served, he was obliged to rise, as he was compelled
to attend elsewhere.
Mr. WETHEILIILL requested that his Lordship
would give au order that the Defendants might
have access to the books of the copartnerehip, as they
had been removed off the premises in the Strand by
he receiver.
The LORD CHANCELLOR" If you think pro.
per to produce an affidavit to Mc to-morrow morn-
ing that the Defendants have oat made any entries
iii the books sluice the granting of the injunction, I
will then tell you what 1 will do with your applica-
tion. Let this mutton go on to.inorrow morning
ibis dm)).

GOOD HOPE.

COURT OF KING'S BENCH, Warnings,
WIIIIIMIDAY, Dolocums 13.

Before the LORD CHIEF JUSTICE and
Special Jury.

THE MAYOR OF READING V. FIRILS TVS RLDER.
This was all action bruoght by the Corporatio►
of Reuling; to establish their rigl►t to a toll on
corn sold within the borough.
Mr. SCARLITT stated the CM W the Jury on the

111.1.11111•11111111•1111111111MOW_ _ _ - __ _ _ ..._ _ _______
, ..
.. . .
(---, -iik y- 4 •
, 7 LE) . / •. 1
6V' ,- :- • , 4`• ' I 0
. .
. '.
Li/ /g"‘"66-- _ • • 4., t_ , z
.. i A 2 /4. • irj •
J
/ • et t . .
• . a.•
\I- 1-641tir
0gge..0.1 K 1
1 • g.,.
irtlS.
.----
t • .
-
1820

part of the 11111111i44. Corpor.tioe„ he said.
were, by their charter. entitled (eta toll of oriequarc
for every quarter of corn sold tit their market, o-
wok t the borough of Reading. Thus chitin of the
Corporation had In-n tom plied wall- for a lon
spare of time, noel it was enly very recently that
any objectonn had)
in tier
habit of
,I:‘!ine.4 ItarlsomerLir!
Rending had brio
which contained some quails more "
Wudebeeter quarter, but bra re..eiit .
!Micelle, all the measure. of lice k.isg- is w. r-
milatril to the IViiich,,ter triel•it•t, a tI 4111 .1. • •
altri4tlo.l taking place. the:se objection* ta t
payment of the toll were firtt heard of. 'file rigt;e.
to•the lull wee originally in the Althea of the in .
tin.dery at Rending. and alder the suppression of the
religious houees in the reign of Henry VIII. It Wa•
by n charter of Qtiern Elanbeth conveyed to the
Corporation of Reading. fly a decree cf
Court of Exchequer in the reign tar James I. toe
right of the Corporation was affirmed. The mode
of collection was for the to!) to lit taken &m the
seller ; and if it were corn sold by 'ample, the seller
furnished to the ioiyer the neve 'try quanitty, *net
he delivered it, ne the agent of the seller, to the offi-
cer of the Corporation. Ile should prove that the et
tolls had lire. lea.eil by tl.e Corporation veverat
time* to indivicinlo. Hiving established by evi-
dence to the satisfaction of the Jury the facts he
hail slated, hr. upprehrtided the Plaintiff. would
lee entitled.' to their rrrdiet. Extract. frog*
the charter of Elizabeth, by which the t.,11*
formerly payable to the mosesstery of Rearlte4
were trentferred hi the Corporation, were theft
read. Several lea.es of the tolls by the (era
poretion to indivolu•le, front the veer 1672 (1•`"'.
to 1813, were put in and read. From the year
1813 the lulls lied been in uhf hinds of the Col-
porinioe.
Several witnesses were then called, who woe, d
the payment of the to'l4 in the way claimed hi
the Plaintiff., and that the Corporation had •0-
plied the profits Legion,: front the tolls to the repair
of the bridges in the borough of Headieg, and ice
the keeping the market-place and several streets la
repair.
Mr. Jaime, for the Defendant, said, lie rnesid
to contend that by Icw the Plaintiff. were not en-
titled to whet they now demanded. Three tolls were
said to be. granted by the charter of Elix.beili tdi
the Corporation. but the Crown could not grant
any thing which the mono-tary had not forieirr:
poaserved. and he should prove that all which the
monastery had was teiekisge, stallage, and tollage
at the fairs held in Reading ; and stallege orcitand-
ing from the pervoute frequenting the weekly mar-
kets He would prove this front conies in the int-
glister,' hooks in the 4.11 year or Edward VI. and
also is the reign of Elizabeth, in wl ich the
were entered that were paid under each of those
heads. Those then were the rights which the
Crown then pavers-ea, and were all wl.lch it
could grout to the Corporation. Ile coatended
that there was no grouted fur saying the Corpormieca
lied • right to this toll in kind, crest on corn expos-
ed in bulk for sale in the market-place. much less
for that which was sold there by simple. The
Learned Gentleman then put id documentary evi-
dence, and exatunied witnesses in support of h,s
statement.
Mr. MAaRTATT replied.
The LORD CHIEF JUSTICE charged the Joey.
Hie Lordship said the question of the right of tt to
Corporation to take toll on corn sold by sample is
the market at Reading, and consumed elsewhere,
was not at present at issue. The question here
war, whether * toll be payable on all core sold
within the Borough ? If the Jury were satisfied
that the toll btu! beets paid from before legal me-
mory, which was from the time of Richard the
First, it then became necessary to inquire if
what had so long existed had had • legal coni-
mencement. It appeared clearly from the evi-
dence on both aides, that from the most remote
antiquity the abbots of tie itionarety at Reading
had been lords of the the soil, soil it we* therefore •
highly probable they had imposed the tolls, which
in his opinion would be a legal commencement. IC
the Jury therefore were satisfied that front all time
(.peaking in common parlance) the tolls had ht‘ll
payable, there was. iu his opiuiou, sufficient ev
deuce of a legal commencement, and they would
find their verdict accordingly.
The Jury immediately found a verdict for the.
Plaintiffi—Damages, 405., sod the value of the
toll of corn withheld by the Defendant.
Mr. Jeavre obtained leave to tender a bill of
exceptious.
This trial occupied the whole of the day, and did
not conclude till clearly five o'clock.

NEW COLONY AT TIM CAPE OF

Extract of a letter trout an intelligent settler..
dated Tiviotdale (formerly 134WWII'S River), Sep.
tember 24. 1820.
" I may take the opportunity of mentioning, that
I and my party have been located on the •.
River, to which the Governor has been t lea-et!, ..1
my request, to give the name of Tiviutd.l, %I -
are plated at the .ery source of the river :opium,.
to the Terkii, arid are, consequently, in a position t
good deal exposed to the attacks of butit Bt j.•.
men and Ruffen. Front the attention of the Uu•
vernor and local uuthoritits, in supplying us with a
sufficient guard of Hottentots until the contit,i
around us is better settled, we have ruin its .1
hitherto unni.tlested, although our itriglibou,s ha •1
bad cattle stolen almost every week since uur a -
rival. Except iu tins particular, eta in regard t o
the roads up the river, which are almost impanabll
(but which will uo doubt be repaired by Govern-
ment), we are very much pleased with our situation.
It is. at present. rather lonely, the nearest farm he.
jug twenty miles distiust ; but. en the snivel .0; uur
countrymen, we shall enjoy more bath tf society
sod security.'
" We have erected our bets in II sort of feeti6e4