The British Press; or, Morning Literary Advertiser.
London, England, 1818-05-28 00:00:00

WATRRS V. TAYLOR.

Sir S. RONILt.Y stated that this was the first of
a her of exceptions taken to the Master's re-
port, by his client, the Defendant. The Moister
had reported that the Plaintiff ought to allowed fur
an annuity paid to Mr. Harris. of Coveut-garden
Theatre. of the a ttttt mit of 430/. per annum, which
the Defendant excepted in, as uo consideration
had been gtern for the sunnily.
His Honour the VICS•CRANICILLII.OI 4 I
And
11w Master's report tors not say that any consi-
deration was given fur the deed of the year 1792,
by which Mi. a year was secured to Mr. Harris,
the event of his oat swiping the patent which
belonged to K ittregirw. to env other persons but the
proprirturr of Drary.lane Theatre. It is necessary
thersfore, that I should have further information
oo this point."
Mr. lIART. Counsel for the Plaintiff, said that
Killegrew had a patriot to set np a stew theatre in
Londont for the petfornsance or Indian operas.
which wnuld have inkered both the Opera-house
Denre.larte Theater.

Sir Sarrost. RUNILLT—.-" The Innuity of 4501.
was given to Mr. Harris on the condition that Italian
operas s:iotild not be performed at Drury-lane or
Covent-garden Theatres, and there was a clause in
the deed of redemption en the payment of 3,0u0i."
Mr. BILL, on the same aide as Mr. HART, baid
it had been 'motioned that Mr. Harris did not ex-
ecute the deed of assignment properly, and there-
fore he had no right to the annuity, not haring
a consideration for it. But his Honour would beer
in his recollection, that Mr. Hems denied in his
answer his having any interest in dirt deed fur his
own personal benefit.
The Ilica-CssocaLLos—“The patent was to
be annexed to that of the Drury-lane Theatre. and
for which 11,800 f. was paid, within enmity of gad.
a ye .r. What dery Mr. Harris mean by saying he is
met personally benefited ? It appears to me to be
somewhat inconsistent."
Mr. Haire-44 Various shareholders of Covent.
garden Theatre were not satisfied with theit aliquot
shares, oinoogst whom were Martindale and Ins
rife, and the moonily was gives to them as a far-
ther security."
The VMS-CIA INCILLOR.m." How could the
Drury-lase Company sell this to the Plaintiff,
when they had no rig* to do so ? and if the Plain-
tiff claim a title, he most 'hew on what it is found-
ed. I ammo see when or where rle. Harris
as-
signed it to the Drury-lase Company."
Mr. BaLt.---" It was resigned in consequence of
mate transactions which took place to the year
3814."

Mr. HART admitted, that there might be some
inaccuracy in the way the deed was transferred.
The Vltit-Cestreettea--,, 1 Bart the 11,300/.
was paid it, Mr. Harris for hi. 46,,,,0.hs of the
ptoperty. The deed sap it was paid to btu' ou
that are..ant."

Mr. Haar—" The agree seat was for the whole
propert y."
The Vics-CoAmcgccoa--4. If that is so, the
ease takes a new turn • for how could Mr. (Jerrie
agree to sell the whole 60 shares, when he was en-
titled to only 46? There is suicient, I think, to
Miele, be never executed the contract; yet be might
have engaged to have secured the other fourteen
alums in addition to those be was in possession of,
and to have undertaken for the possessors to relin-
quish and assign theta—but until that was done,
there could be to consideration given for the an-
nuity. For example, of I have only 69-60ilis, I
cannot enforce my agreement against the po..essor
of the other 60th; all 1 can give is my personal
engagement. Therefore Mr. Harris has not done
all he promised, and without the consideration he
is not entitled to the annuity."
Mr. MI? contended he was entitled, as the
consideration was to take erect by the agreenseut
from the moment of the contract.

The Vics-Co A/MELLOR—a' He, perhaps, did
apply to the other shareholders, cud they refused
to assign ; theu, although the Opera-house has re-
ceived a considerat►on, it is ouly because the other
theatres did not find it to thei► advantage or conve-
nience to peiforin Italian operas. But it is not be-
cause no injury has been dope that Mr. Harris is
entitled to the consideration."

Mr. HART mid, that he apprehended, IN Mr.
Harris bad made the agreement, and the Defeo•
dust had bound himself to abide by it, it must
stand gond.
The VEct-CitutceLtoe.--18 Now you give me.
different view of the case altogether."
Sir SAWUZL HOINILLY did Net believe that any
deed of the nature alluded le existed. but if it
did, there ourht to be e►idence of the considention
giie,i 1.4 tt.
The iprict-Cesticst.Loa....." Suppose that the
I)eleudant recognise, this as a debt, awl not as a
rheum, would that make a third person not a party
to the bargain entitled to it ? 1 therefore cart do
nothing else with this part of the report but send it
hack to the Master for his recausideration ; fur you
only Anew me, Mr. Hurt, that Mr. (lards has
as-
asgtted farty.aiit sixtieths to Drury-lane Theatre.
how ran he claim. then, *lieu there are fourteen
aiatieths tint itariweed

Mr. BELL—'•'l'hry here brew sister a:ssigurd."
Thy Vice-Cumscsubot —.4 The Mormer does
Rot report so: I eon Pf opinion it it a debt for aro
cooriderdt whatever."

Sir SAMUEL Rout LLIf..." That is the ground or
toy exception."
The Vica-Caaxcitu.ox—" I allow the excep-
tion. let the report be sent hack to the !!Ester.
for he ought not to bare reported that there was any
thing due oss the annuity of 230/. per annum. as it
does not appear Mr. Harris ever executed his con-
inset. This most I.e undersituud to be without pre-
judice to any application that may be wade by the
polies to the Court on new facts."
Exception allowed.
SECOND ExcErnort.

Sir S. ROMILLY •tilted, that the wall otlin •te
exeriptoons to the %Lister's report, mit he hatd reported
Pat the IN. • IT w. 1% entitled to he alio:mord for •n
of UV A. !tlit iruute.l for the life of

Mr. 11..bea It•m, O'Reilly. Tire objection of hill
client was, tint the &Ismer reported that the time of
p.sying the annuity was from the year 179.1 to 1807,
niakini 15 ream, et the same time he made the
sum due only to be of the amount of 13 years
assisseiry.
Mr. The statement of the facts whs.
live to the 'te was produced before the
Master by the rim 'ti, which were not denied by
the Defendant. It first became due in September,
1792, at least the payment of the and quarter was
due then." •
Mr. BILL The question before the Master
was, to inquire what the incutabrances on the
Opera-house •were."'
The V IfCe-CISANCELLO R—" The IS tit question
it, when the tru,t recommenced by which the 411.•
amities were steered' Tie! Messer would have alone
much lretter if he had given the whole deed in his
report, instead of these partial extracts."
Mr. Harr—" His Grace the Duke of Bedford
ails, the Marquis of Salsbury wile the trustees,
and were authorised to pay the ounumties when their
trust begau.
A long conversation then took place relative to
'the time of the death of 'lr. O'Retlly, in France,
between Sir Samuel Hominy, Mr. Hart, Mr.
Bell, Mr. Roupell, Mr. Heald, and Mr. Barber.
Sir S. Homlll.l.Y—" Time proprietors of the
Drury-lane Theatre lead possession of the Opera.
house iu the years 1792 sod 1793 ; and italivos
'Penn were performed there twice a-we, k, sod uu
the other four nights plays, as Drury-lane Theatre
was then rebuilding."
The Vics-Cualccr.t.Loa—" The trust did not
commence until Itmiliass operas were pet formed, at
the risk m.f the trusties. I perceive that the opera
performers, daisters, &c. were to have s..lasies; but
surely they would slot he entitled to them from the
trustees, until the house was opened on their ac-
count. The annuity, therefore, could wily com-
mence from the first opera bCII4OII. Let it, there-
fore, be referred back to the Muster to review his
report, ant: inquire whether the annuity was its-
tended to be au etscumbrussce ou the Temeatre, and
also to inquiry and report what consideration was
given fur it."
Eaception allowed.
There are several other reception', but the con-
sideration of them was postponed to a future day.

2041 W (IF EXCISE, MAY 27•

SELLING GROUND BEANS AND PEAS FOR
COFFEE.

Thu dsy the following emirs were beard and determined
before Ord Gannon Seirmoua, Hun J. S. Owens, Hou.
A. Pot," &timid Mama'. and other Commissiourrs.
They were imititoted by the Board of Excise against the
parties, for mining and birriug iu their puto.esaiusi quantities
of burnt horse beaus awl you, ground io imitotiou of
ears.

TIM SING et. SAMUEL !WART.

The Defendant Halle!, a groat and dealer in tea and
coffee, residing is New Compton-street, St. Giks's.iu-the.
Fields, was charged with haviag seven pounds of the Oat-
terms name its Isis parr salon, Sec.
Charles Heavy Laird, au officer of the Excise, being
swore, wird, that he and Spear?... an officer, went, ens the
Seth of Celt. tart, to the situp of the Dcfendaut, and asked
for as onset of eater, at three-halfproee per ounce. He
rereived the saner, aid having paid for it, left the shop. He
gemmed the same at a hones near where the Defendant
heed, sad foetid it was part coffee and part the imitation of
coffee, ne what the Dsfeadant nulled vegetable powder,
%loch is ambling more nor less than burut beans mid peas
ground in a mill. He went back to the Defendant's shop,
and tusked him to skew him some 2s. coffee, not ground,
which, upon examination, be fumed genuine. He then told
the Defendant that be suspected that he commonly dealt in
adulterated coffee, and asked him if he had any of the ve-
getable powder is has house. Ile replied, that be had a
small quantity, and took • canister from a shelf, which
contained di lb of the vegetable powder. He (witness)
then searched the place, and found some other coffee mixed
with the vegetable powder, which was in a state apparently
prepared fur sale.
Spencer, au effacer of the Excise, corroborated the above
evidence and stated, that the sham coif,. seised at Defend-
s/a'. lten:se ass *hewn to Mr. Joseph H Milian. grocer and
tea-dealer, in lligh-street, Borough, Southwark.

Mr. Ilubbart beim, awuny st;ted, that he had examined
the skeet toff e seized by the facers iu Defeuilant's shop.
The mut sauce purchased by Lord for tluee.lialfpence, he
korrw S. be nothing else this. black pigeons beaus; there was
in coffee amongst it.
The six and a half pounds was a mixture of beans and
coffee, mud the quarter of a pound was the same kiud of
stuff ground, and ready few sale.
The Defendant said, that he did not know he was acting
contrary 10 the Excuse Laws by keeping " vegetable powder"
In kis pentagon ; that he was obliged to sell the same at a
law price, or he should Lose his custom:

A.Coniinimiower stated, that be could nut be iglu:lrani that
be was smite, illeplly; that by selling such abominable
ants/. be was injuring the health of the public; and the Board
of Excise was determined to pnnisb those found dealing in
tbs illicit satiate described with tbe casual severity.
The Defendant was troarieted is the penalty of SO/.

THI DING v. HODGSON.
The Defendant, Charles Harem, residing at 'Windsor
Terrace, City nose, was charged with selling tea without a
license.

TM oilmen's, Lord and Spe•eer, stated, that they seized
• quantity of les at Defeeldiusre home, having previously
purchased sae pound of his, which they paid Ts. tur. They
learned that hr was in the habit of selling tea, and had uo
license.

On account of the Defendant I,4tv'mg a large family. and
promising so take nal a keener. he was convicted in the mi.
tigated penally of 101.

NEXT TIEURSDAY the First Twenty Prises
drawn will each receive 1,000/. in addition. Th.
Scheme contains 3 iil 20.000/. and 104 other Capitals, being
mote than the laid Lonely, although there are 4,000 Tickets
less in the intend. 11aita's Offireg, 9, Curnhill, sail 17,
Ludgate-street, are, ar emerge, supplied with the usual
variety of Tickets and Shares, trout which the Pubic are
invited to select immediately mune of the abase great
Prises.

On Thursday last, as Mr. Titomas PARTUIDGE
was driving his bride through Anthem', Suffolk.
his horse became untidy, it is hclitved from the
reins being entangled. amid, kicking very violently,
broke the chaise io pieces, by which the Lady was
coassiderably hurt, and the animal greatly injured.
The bridegroom, and hie brother, aho was also
with him, escaped without material 11:n to.
On the first Sunday after Mr. PLuttsturt's re-
turn from utteurling Isis duties in Parliament to
Dublin, some difficulty miming occurred about his
obtaining a t.e.st to the chapel of the University
that Gentleman. with hilt well-korowit readiness of
wit, observed to the Provost, that if he could
not get him a seat, he ought not to tutu him out
one."—The Priisios is lerstood to lie un-
[timidly to the rc-cleetton uf

I:V.OLVEAT.DEI37'ORS' COURT.

This Court met at ten o'clock yesterday, and proeCeded
to bear a cousideralde number of upposit' tsars.
Esq. every fashinualde looking young
gentleman, was opposed by several persona.
Mr. ADoLonus held a 4.44 against htm, but the opposi-
tion was withdraws, and the particular debt eac. pond.
Mr. BASSIVII WAS these breed is behalf ..f • creditor, mimed
Steplwn Beetle, to whom a. debt of 1131 was doe fir the
rent of a holow, and for hay and corn fur SWUM horses. The
Isarned Counsel groonded his ohjectims to the lusulvtitt's
discharge no that clause of the Act, whi II aid to
any person who has cuistracted debts without probable means
of paying them.
Mr. Wombwell, in answer to questions from Mr. HaRRY,
states% that, in the month of July, IMI6, be bail taken a
house from Mr. Beetle, at a rent of 200 f. per annum. He
then kept up au establishment, sometimes baying two men
and one femile servant, and frequently more. Hr usually
bad four horses, and at times a larger number. His rank,
when he kept up this establishment, was that of a Liente-
fleet is the Ist regiment of Life Guards ; the pay of that
commission was about 7s. a day, dtslectilig stoppages He
would be twenty-three years loge twat July On attaining
twenty-one, lie inherited a property which was already spent ;
it produced about 14,0*01. and one half went tul.goidste
debts before he was age, and the rem minder for those con-
tracted sluice. He had lived six months in tke housesf the
opposing creditor, and paid him 1001. for the rent of that
period. After die last smarter be offered him 251 if he would
take back the k y, as be (until the establishment bad out-
grown his means, but the man refused, and persisted iu
bolding him responsible for the whole year
The COUR? Mr. Harry, your cheat has made a bad
elecehi."

The t‘loject ion was over-roled,
Mr. Thunras Bernard, a creditor, stepped forward, and
asked the Court whet'', r be was nut entitled an "player, as
Mr. Wombwell told him that his agent, Mr. BYrue, owed
bin 21181. iant of 1,8001., for which his Commission sold for.
though 100111 there wen. nu mach debt inserted in the schedule!
Niue* this gentleman was in prisms he also oeteviiiiiially
drove out with the same horse and 04 he had Is fare his
arre-i, and this property was omitted among bet cllrcts.
Mr. W hwell, in his examination on Mr. Bernard's ob-
jection, denied basin represented the agent to be his debtor
in the manure mentioned, anal stated that the horse and Rim
belonged to a hunt dealer in Pamlico. He hid paid this
mcifitur ova 2001. in the coast of his business..

This objection wiii also over-ruled.
A creditor, named J Traitle, now came forward to op-
pose, and stated, that Mr. Wombwell had hired a horse fur
him fur two nays to go down to the place where the officers
kept their hooters • that he had scut his servant shortly af-
testier& to ask whether the %Vitoria would sea the horse ;
he agreed to do so ; Mr. W. however, ni err cause incur him
to ciiiichide.the purchase, but sold the horse.
Mr Pothoot, for the Insulveuf, here called the attention
of the Court to the written notice wf opposition put iii by
Mr. Trattle, which ran thus—" that he (Mr W.) bail hind
the hone, and afterwards agreeing to purchase if," had
disposed of it in such and such anv .r.
The CoutiT acted upon the written document, and over-
rola., the objection
Mr. Woniliwt II was accordingly discharged.

LEE and ortiF.its V. isAattErr.

Robert Barrett, a very aged inam, was opposed by Messrs.
Lie, Carmichael, and Cu. Brazil manufacturers at Kidder-
minster, for a debt of 2,7001. and odd, briug the amount of
goads of theirs, for which the losolreut, as their molt, Lad
'wade no retort'

Mr. POLLOCK, for the opposing et•editore, slated, that
Mr. Barrett was their servant, or .Rent, in a warehouse they
bail in Laden, and had atuverted to his own use this pro-
perty.
Q—" You owe Messrs. Lee and Co. between two and
3,000! ?"
The Insolvent-0 No, I do not ; they have taken away aft
the lambs, and I cannot make np the accouuts. If I could,
it would appear that they owe me 0,6001"
Mr. HICATN, us. the part of the Insolvent, pat in the
ueigiaal agreement between him and the opposing amle‘ors,
the substance of which was, that he should, as their salesman
its Lunion, have a commiasson of 2) per cent, ou all the
goody he could sell among hie owu connections, and that he
should pay Ave per rent on all losses or had debts. Now,
the Learned Counsel said, the opposing creditors wanted to
make him appear a mere servant, though he bad always a
discretionary power in the course of a trade a bi re large losses
had occurred, fur which it was now sum& to Kota him re-
sponsible, and to remand him to prison for tea years, under
the clause of a breach of to ust between servant and master.
II it were turrely fur the five years remand, the tidos isolate
losolveut would have—siss °cession to argue his case before
the Court, for he was abeady in actual custody since A ugui.t,
1013 ! The Learned Counsel added, that so far from the
Insolvent's being the servant of the opposing creditors, they
used actually to draw bills upon him to his ono oame, to
the amount of nearly 10,0001. and desired him to sell at any
price to raise the money fur their accommodation.
The COURT, after reviewing the argusiseut. on boils sides,
decided, that the 34th section of the Act could Out be ex-
tended so as to apply to the Insolvent as a servant defrauding
his master. Ile was therefore discharged.
BLAIR and OTHERS S. LEWIS.

Übe Leiria was opposed, first by Mr. BARRY, who exa-
Mined him at considiTabk length. The Insolvent gilded,
that be had originally been a clock-maker, and afterwards
" in the perch u t line.*

The COURT—" What do yogi mess by the merchant line r
The Insolvent replied, he wrest the butter line and the
timber line. It was three yearsaiime he quitted clock-making,
and became a general merchant with. capital of 1001. but
be had loot motley in all his pursuits, mid was now in debt
nearly 1,00 1. Ovi being asked, Wlwre were his books? he
said, they were in the King's Bench, and described them bs
be s book of accounts and a memorandum-buck—the fur-
fare about eight inches long, and the latter smaller.
The COURT, us reference to the Insolvent's schedule, la-
quired bow be could recoucik tbs admission with the fol-
lowing statement, to which he moot swear in the written
:-0 I have no books, papers, or memoraoduma,
except one little meneiwandain book r'
The Insolvent laid be forgot to insert the book of ac-
counts.

Mr. BARRY bad him remanded to produce them.
Mr. Pot.tocx then proceeded to uprose this Insolvent on
behalf of Messrs. Wane, Sanderson, and Cu. of Liverpool,
for a debt of 4401. fur barley he bought from therm.
After a lung examination be vas di.c.harged.

WAGNER V. ALLSUP.

Charles Al!sup was opposed by Alm Caroline Wagner.
It appeared that the 111101VtUi was a travelling farrier,
and the opposing creditor • maker of chiugfilly and hide
muffs, and a dealer iu the skins of pule-cats. He bad bought
a large quantity of gots& from her, could not sell Slum at
bre prier, and she refined to take thew back. He was die.
charged.

MISS BRUNTON, of the Theatre-Myst. Covent.
garden, I►as been playi►g during the last week at
the Norwich Theatre, in the characters of Letitia
Hardy, in The Belles Stratagems ; Miss Ilard.
castle, in She Stoops to Conquer mid Rosalind, in
As boat Like If ; and was greeted iu each with the
warmest applau►e.
The affair in the I•lsad of Ceylon, which ended
in dethroning the Legitimate King of CANDY, has
hero an expensive job. By an item in the account
of the Fur:medium-ifs of the Army, a sun► of up-
ward. of 70,0901. is stated fur Bills dr:►wu on (IC-
could or this service, independent of the expense
incurred in die operations for quelling the little re-
bellion, which has since broke out fur the restors.
bon of the legitimate Monarch. Mr. HUSICISION is
the agent fo► the Island of Ceylon, which► n► point
of emolument, is a better thing than being Chief
t.7aiiimissiontr of the Woutls and Foetsts. Ile has
al. office 111 the Treasiity ;appropriated for the heti-
titer of Cc) luu wily.

ill E 7;ITE le.

U PSOM RAC ES.

Vont Wins v....unworn! yetterday,. but the euurve was,
na un tb.• flrat .lay, but tblady Tits
fullur-
tnq was lb.: ...nler of tbe spurt.
Wuv.kui S•akrs of :0 guinea, Cal if, is. ft. Nl' two years
ul.l cult., NA. ; iilies, bit. 31b.
Mr. Lake's fby Granu•us.
Mr. Ruses-ea b. c. L. Haph .2 aril 2
Mr Ga. .Iner's el.. e by ditto
Mr. %241..1.'s Efrauur
Mr. l'carsea Coral, by Orgill,—
%run easl-2 to 1 apt A 1... Rug,. a's b to I agst
Mr. Gordures Cll. 1 apt P.,esuue-5 tv 1 apt
Coral.

Soreystakes of 10 cultures rads fur flare yrs 01,1,04 41b.;
four, s.t. ; five, bi.t. MILL ; 5ia.94.; anti aireil,flo. lib.
Mr. Page's Dr. ftwiliv, 4 ps told
Duke of Rutlaud% HUD&
Mr. Walker's splsoisbel.••• • eeeeeeeeeeeee •• • • •• • 3
31 r.TurticA Telltale.. •

A Skreepeiaker of 10 titiucau each au ~,,, g+l
hum' was wen by the Duke uf Rutlaud's S. but cult
fuur ethers. There was neither hi:Mug uur usivetbt OU tLts

&Mug uu tire Derby at Epsom.-6 to ng,l P3lll—
to 1 aim Satua-45 tv 1 apt Seysnour-11 to l apt

POLICA.

XARLIOROVCR STRFET„

A sturdy beggar, named SsaffA, whose walk hes about the
Edgware road and the squares couligunue, was chart:id with
assaulting a Sorgeou, because he disregarded his impor-
tunities The accused walks 1111011 cralrhes, and hr t. the
same who was committed for au assault upon a grutlemais
named 111410ot-14, a few weeks lance, brounse he refused in
give him money. lie attockrd the geoileman, oho owe
charged him, with his clutch, without the slightest pesiro-
eatton.—lie was Agent committed.