The British Press; or, Morning Literary Advertiser.
London, England, 1818-08-17 00:00:00

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LAI? IN TR LI:IG
COURT or CHANCERY, LivroLl'6-131x,
SvirmtoAr, Allover 13.

DRURY-LA NE TH EITRPL
JUDGMENT.

The T.ORD CH iNCTLLOIL said, he had read over
the palms, the btll, the Olfithavihr, and Acta or l'ar-
!worn' eisoneettA with t:,ia case, upon which he
flow prepAr,ll to give his judgment.
Lordship .orol the present iojtattiittoo gfalited
on am application mute by S.r S. Hominy, on 1):-
!vill of Mr. owl Fr ven other intlividiaais,
prying tkat an neeottiit of the debts doe f
Drury-lane Tlwatre, to performer. sod other., 3,p1
the propesty possessed by the Thtatre applicable
to the itaysepost of the sisal., should he smolt op;
that VI *II:II or money equal to the diacharkebf those
(14sts shoo:41 be raised by mortgige, or sale of Vitt
of the property of the Theare ; and thifthe De-
fetplasots, five griudemen, entiopobing the Sub-
Cimilnlttri! of tllntialgrrnellt, 111,0U1s1 be restrained,
limier an injunction, from re-opetting the Theatre,
•ogaging pet former=, oage-totmager, or other per-
- 11,11.. lur the porpoto of theatrical represntationli,
or from otherwase interfering with the conc-eriis
on the prolwrty, wail arrangements were made
for clearing tho Theatre from its einhwrrleisnietit..
11.4 Lordship observed, the motion was certainly
one of 4 qiist.leraLle importance to the parties, and
lie was therefore anxious to chyme of it with the
least possible delay. Tsro Acts of Parlioinent lard
been ;tripod fur regulating the concerui trf this
Theatre—one in 1810, the other its 1812. T-A we,"
Acts his Lordship proceeded to adeek., anti com-
ment/II on them, clause by thus*, sat eon it
length. His 'Lordship observed, that it. 1802 eun-
. .

sielerable tli.ruseion took piece in Chancery relative
to the coticerni.nf this Theatre. Ott that'occasion
he, front feelings of oersteial regard to the lute Mr.
Sheriehio, devoted much lime, both in and omit cif
Court, to being about such en arrangement on might
le. necessary to all parties. Under the urrangeinent
then made the Theetre proceeded till it was sow
for.unately de.truyed by lire, ut which time the
property was inured for uu sometimes 31.0410 L In
1810 ;in Act was peseed Tor re-10144ring the Theetre;
those who interested themselves in this object iltoog!it
it would lie advantageous to the Company that
they should he erected into a body carpeted...—
This was door but with the edvaiiinges which they
gained by thre proceeding, thee ul-n entailed on
themselves the disadvantages belonging to it. By
the Act then pooled. the Comp any were authorised
to noise 300,000/. t.r rebuilding the Theatre, arid
for setiliog the claims of the proptielois,
awl other, belonging to the former oee. The Thea-
tre had ti.indued and opened cm. the ourp,,,,
lef throttled representation.. The piesesit case,
therefore, differed materially from that of the
}(-Kent's Cahill. It was not like the crew of a
Speeulation, undertaken with the sanction of so
Act of Parlieruetit, which expres•ly ant hreriawi
the expenditure of 300,0001. ; sod olio+ 340,000/,
hating tires. expended, it wait discovered diet
as .lit ich (wire was wanted to complete the wink.—
In such a (.4!,e the C-art of Chancery would inter-
fere, but in the pretreat ismailer there was nu such
ground for interfeienCe. On looking over the Act
of Parliament it would appear that the building and
opening of this Theatre were connected with et-t-
-hew letters patent, end it wits s 'question worthy of
the considemtion of the parties. how far it would ler
prodeist lot hem to close the Theatre. they holding
34 patent restraining the public from having the ttr.
conimodation army other in its stead. Under thus
first Act in 1810, there was constituted a Gerieral
Assembly, a Special General Assembly. and a Gr-
uen:l Committee. but there was not a word in the
Act relative to the Sub-Committee. The Act then
went on to name test individuals, who were to select
eleven others Irom the body of Proprietors. and these
twenty-one were to form the Generul Committee.
l'hese ten iiitlividuals were all highly respectable
; lie was not now called on to give an
non:i-iti whether they were well qualified to moorage
a theatrical Concern, otherwise he should say lie
0111,1 see oar name amongst them which would
11.,Ve! Inc., as well 0 ttt t ted ; that was the name of his
old len aid, Mr.W. Adam, now at the head of the
ury Court in Seotlinid. These ten gentlemen, haw-
i.ver, st•lected eleven others, amongst whom were
the lade Mr. Whitbread and Mr. I'. Moore. one
it the present nefendents. Mr. Moore was also a
trustee, and it did appear hod acted with more li-
hermlity towards the Theatre than lie was called on
to do. Ilia Lordship proceeded to read this other
Sections of the Act of 1810, and to curnmeitt of
them at length, and observed, if the t: Ales could
nut agree, the result of coming to Chancery, us
In the case of the Opera House, would be the sale
of the property. if, indeed, a sale of the property
bf a corporate body could be accomplished. Next
came the Act of Isle, which repealed certain
torso of the Act of 1810. By this Act of 1812.
the Committee were authorised to put the seal of
the Company to writings, iellownig to the old
loiters Is, 3d. rid other advantage. 3 on every
inolit of performance. iii lieu of eloimb they lied
ortsi:ig out of the Theatre. There mei ithwi
power !.;seti to the Committee by this; Act to
giant !WI WI. it.'141::111 all interest of live per cent. to
l. Ind out of the proceeds of Ow Tlit•zor to cl
not* postponing their Defirlieien.ts
said 34.000/. of these bonds acre no:So.:col in the
80,0001. due by OW Theatre. Under the ',coves
ol this Act also the Committee had grauteel
Irwin of private bnxes, for which they had
rr-
coved from individuals 38,00111.. TA:- Act
provided that the Special Gracile Cioniti.ii.•••
sit twentyaoue might ninny Ave out of their
body, who were to be a Sob-Committee for the
suainigeonent of the Theatre; and hosing made this
appoilitinent, they were, within fourterii days lifter,
to etnivene, by odvertiorowit, a General Arrieni-
bly. which Assembly was to have the power of re-
jecting any of these five, and electing 0: litrs out of
the (oily of 91. This Sub-C '.ter, ap-
proved. were to act without fee or eliehriberit,
sold were to pirweis the rimer of ellKAgitig
fug .lIC/14 aril oil Other persons authorised to
lee employed under the Act, sod to gve them
such salaries, Be. .t. they, the Stile•Coutinit-
e e, ehould coneider for the henelit of the concern.
•I twee. a., nut a single word in the Act requirMg
them to sulitisit their acts to the tippr,,vat or not of
the General A.ersubly. This first Sie-rotionittee
wire to veutisbe fur three seasons, Ayr cinch the

ab-Comm'irce was to be re.-eict.ttel by the GeLeral
Committee within three months after the expiration
Of each theatrical session, when the new Sub-Com-
Miner wrfe tusuccerd to all the powers of the first
Sob-Committre. A question h,d arisen, whether
the present Sob-Committee were legally comfits
toted. they lost litivitz hem submitted to the opt..
Mon of the General AsseiAbly ; neither, it appeared,
bad soy Sub-Comiutitee since the inigniel one.
That queseiois ilia not at all call on hien far
au
answer how. It lhr COMMitier sti;:re not legally
'constituted, theta they had no power to act,
'oil the 6103110.0 U WAS WilleCtilifY. The result
lei the Whole in his mind was, that the first
Act of Piellintuteit constituted the proprietors a
coiporate body; this was continued by the se-
ettlid Act ; and itie Legislature Is id given to (er-
ten,' select parts of this body the power or auiug
cattails acts, and ekrrcising CerlAiii powers; and
whilst those select pacts could exercise the 'powers
vested in it, there was not the slightest ground to
*say th9t, even thotigh'the management or the Stsb-
Cumiiiiiitee might be iodise:reel, the General As-
sembly coull exercise time powers delegated by
law to a sleet bode. The Act gave no power to
any one but the iGeoProl Special Committee of
'tweittly-one, and the Sub Cot 11111 l ttre. Taking them,
as Ile did at present to be. well constituted. it must
be a strotig case indeed which would induce the
Court of Chancery to interfere. The General
Assembly might *deist.. oast it would he well that
the Committers shout(' attend to that advice, but the
General Assembly haul no power to dictate. If the
Coinnitttee were not regularly constituted. or
lied not properly ilischargrd the powers veined in
I mein. the questing must lie decided, not ils the pro.
visions or those particular Acta of Parliament, but
on the law, as it relates to corporate bodies general-
ly. This was a view of the cage, which he thought
it would not Ise for the benefit of any of the parties
to lake. tie could not but thick there was also a want
of pit tar:s lo;fre the Cowl. The tenet rs and bond
creditors iirep looterept in this trestion or bbot-
'mit the Theatrc. The el ;) anent of their demand
depended isf, j.l ',wing, open. individuals who
paitl eSt-t.nte.d. for Ih• tr ioirme boars had also
Ms interest to like litiritioit of opening or shutting
the Theatre. All tli.*e 11:1:•ties had a right to a
hearioe; they hod hot been head. and on that
ground, if there wets no other, lie thought it would
Ise imptissitile in mistletoe ilie enjoin:6(lB4-
11e run hl not. in the atoiettce of Owlet. mistier, pot
an end to the rewriter. of Drury-Issue Theatre.
He was ready to mitres. Is- felt serious appreleenw
stoles of tl.e evils who h would arise to tlio:w con-
cerned hoot its going ale stutter existing cieCUID
stances; but he also felt that the.rvils likely to re-
sult from closing it would be argue! magnitude;
'sod, therefore, it was sus m • lie ought not to
interfere, mod that the injunction should be dissolved.