The Sun.
London, England, 1852-05-26 00:00:00

rbta Wlltttont

CHANCERY.-(Ti-CIS DAY.)

. (Before the LORD CuANCELL,R.)
THE RIVAL OPER:a HOUSES.
LUmLEV V IvAcNitn..
Mr. MALINS was heard this morning in support of the
followingapP'sl against the decision of Vice-Chancellor Parker.
he Learned Counsel, the same line taken by
Mr. Bethell on Saturday, confined his argument to the
Reinta as to whether the Court had jurietliction, or whe-
trier it was its.settled custom to interfere in cases of this
nature by way of an injunction.
Mr. MAirrINDALE followed on the same side.
. Mr, BACON then proceeded to address the Court in
4IPPort of the injunction. Addressing himself to the
Point of jurisdiction, the Learned Counsel proceeded to
argue and to cite cases to show that it had, for a long
series of years, been the custom of the Court to grant
injunctions in cases where there was a negative stipela-
too, even though there was no specific performance.
Entering into the facts of the case, he admitted that ihei
ntiere.possible to perceive any trace of the agreeTeut
been
Oren Mr. Lumley and Madlle. Wagner hae
h obtained by misrepresentation, then Mr. Lumley_gwould
ave no right to be in court, but he contended that no
loch tree° could be discevered. With regard to the
agreement itself, he thought that the adoption of it by
' the Wagners was sufficiently clear, even it' it were said
that`Dr. Becher was not sufficiently their agent to bind
tetesai by. his act. As to the non-payment of the
opiTh'els he contended that this was not a pre-
eat, nor was ever considered by the Wagners as
Bach Until it was their turn to make an excuse of the
eete.„„
12 .neYrnent alit. No trace was to be discovered of their
"hag demanded the payment of the money; they had
been
they informed that Dr. Becher had the money for them;
themselves requested the extension of the
time, ~and that long . before the time they could
have . been justified in bieaking the engagement
the inobey was tendered to them in bank notes. He
therfore trusted that his Lordship would be of opinion
thiat the
plaintiff, not seeking specific performance, but
reling, on the negative prohibition, had, according to
til e plain law of the Court, a right to this remedy, and
that, so far as the facts were concerned, bad proved a
sufficient Ili case to entitle him to claim full exercise of hie
gilt. e '
. ..
Mr. HISLOP CLARK followed on the same side.
Mr. BETHELL replied, confining himself to the point
of jurisdiction, which, he contended, would be enlarged
to a most dangerous extent, if this injunction were
Maintained. The law of this country, he believed, gave
a°, remedy for breaches of contract of this nature except
°Y
„personal damages.
pr• 1.44 LORDSHIP then proceeded to give judgement.
..°lB, he said, was a case arising out of a simple contract.
Without considering for a moment the difficulties which
aofro:e from the conduct of the parties, it was a contract
Young lady to sing at her Majesty's Theatre for a
certain, number of nights, and not to sing elsewhere
thetrig ' that period. Nothing was more simple
glue the case upon which he had now to
•
h.a dodgmen, or the points of law wh.ich
ill eeen so elaborately and ably set before him.
Cerinderstood the precise question to be, whether the
ourt could interfere in any but a case of specific per-
innance, or to prevent the performance of what bad
.17i1 contracted-not to be done, when the other part of
v".O agreement remained to be done.
upon p there-
Wora.vras, first, how the matter stood upon principle, and
it stood in regard to authority. In the first case,
"martina v. Nutkins," the Court did issue an injunc-
'J.° to restrain an act from being done, which
ietrieh• by no means be considered as one
foe ich the ease could have granted any specific per-
crt:_;itisce. This case fell within the second line of cases
whiuchhy the appellant. It, however, was a case in
pirtei•the Court granted an injunction to prohibit the
Ix inteteutiledreediegwith
that which the Court could never
respect of, by way of spe-
also
r'epveireformanee. The Noble and Learned Lord
" Bar-
tet2.
,j 3,
i_awgreedyeitt,,,,i considerable leth the cases of
Robinson v. Byron," " Collinaon v.
.Z. 17. from all of which he inferred tat it had always
heed
the settled-rule of the Court to prohibit by injunc-
te, the doing of those things which had
nen . contracted not , 'to be done, even
when. •Shey ffere . things which the Court
could not-have, compelled the performance of. This
Wes a mixed case, but of this nature, that there
were not two acts to be done by opposite parties. Mr.
anmley was not to do one act and the young lady
another, which might, and had in some cases introduced
ft eery important difference, but in this
lt .. case
-as an act to be done by the the young lady alone,
all act of forbearance, not to break in upon any of the
Cts the performance of which she had agreed to exe-
ate- The one was co-existent and co-equal with the
other. There was no opposition of interest during the
tiitte of her engagement. She was not to sing for anybody
else, In
,effect, the whole contract was one contract, and
wording to all sound judicial construction and the true
foPirita and essence of men's aots, the agreement to per-
:fir at one theatre must necessarily exclude the
The mange at another at the same time.
ttec" measure of performance was meted out
4,, ording to the lady's physical capacity to sing, and
„ur c9ntract showed that she was to exercise all her
rqSiCal capacities allowed her to do, to aid the theatre
;Z:wrruch she intended to attach herself. Therefore, if
in e had been no stipulation, she would have broken
a".°'__lieepirit and true meaning of the contract
Mimed
,h as she had done now. As regards this being a
-;‘. case it was necessary to see what was the juris-
tetion of the Court.
to bind The Court in such cases operated
to _ men's consciences as far as they could be bound
1413,..4, true and literal performance of their agree-
dealt. end h alwars thought that the fair
lug and fidelity to
to he found more engagement which
.whartas
eneral in England 1
this
• ill an other country of
Power of the Court. ' the world proceeded from
suffer men to depart f The law of this country did not
With whom they had from their contracts, or leave parties
chance of what , broken theitecontracts to the mere
damage. It. a jury would give in the particulars of
for • enforced as far it could the liberal per-
formance of contracts. The aj;risdiction, theiefore, was
' wholesome one, and though it was not to be extended
by a judge,
to the ha would desert his duty if he did not act up
where was
ht ended down t le* b his redscessor.
he mischief in exercising that jurisdiction?p
theneltlng lady herself had no right to complain, al-
wo.,Tl it was said that if he refused this application he
ant: be preventing her from singing at Covent-garden,
jest: yet, not be able to compel her to sing at her Ma-
beell Theatre. It was true that he could not compel
Platobecause that was a jurisdiction which the Court
Properly did not possese but what cause of com-
tioint.had she if the Court compelled her to abstain from
to di4 ah itet which in effect would compel her
k 0 that which she had agreed to do. In doing so
heosahuobnhndo it in the power of the Court; he touched on
eect over which he had no jurisdiction. He went
thine whole extent of the jurisdiction, and ho left no-
„„.__g unaccomplished by his order which it was in the
Power of the Court to accomplish. Supposing that he
was of - .
. opinion that' •it was a proper course in
Whitt, • •
- 'to • interfere, then he •left nothing un-
satisfied, nothing uncovered by. the judgment
thehe p
h ronounced. The natural effect would be that
young lady would be answerable to the' Court, and
therea was no doubt 'that the Court, however reluctant
It might he, Would commit her it' she broke the inj me-
!l'm. What had she to complain of? His
injunction ' would have this effect—to prevent
her from doing • ,
action was bevientliabtaat act which, in case
thean
jury to give a an
her, might lead
would no doubt do if e e amount of
damages, as they
be exercised her talents at a rival
theatre. It appeared, to hini fortunate for the ends of
justice that i' ex, areising their jurisdiction accord-
ing to the to.l
mPle. and settled rule of the Court
the ,
by continuing open injunction, he would be indi-
rectly leaoiug to the performance of that which he could
not directly compel. He, however, disclaimed any
wish to
do indirectly that which he could not do directly, walthough
he thought it would be
Contracted fortunate if it
sung lady to do that which she had induced the
to do.
d.'he ease bad been elaborately argued on the authorities.
14' 'm'eant;to accept those authorities, he did'not mean
to assume any powerown, nor . td give any
anthoritative deciAon of his own—he tneant merely
to follow the current of authorities, and in doing
11O+ as it was said there was difference of opinion among
the Learned Judges who bad preceded him, it moon be
teopinions carefully and follow
—"sire' to weigh their
th be the best. His
Lord-
ese which seemed to him to
dlhiP Proceeded to analyze the different cases at consi-
Zahle length, and also the judgments oaft
tdhifferent
D-‘OB, from which he said he bad arrived
hedclear
conclusion that it was in the jurisdiction and a al-
WaYs been of the Court to interfere
a the custom
cases of this nature by way of injunction.
his Lordship re-
-111,13 course of this part of the case
Inato perform at any
her theatre
that if. the stipulation not _
certainly
_
ke,l:z theatre had been omitted, he should
Thebe
oint
‘"l'Mion that • • notion could be given.
.P _ -
Or the , no 113311
he thought had been properly de
Cidd i_aw, therefore,
d
he wished it to be clearly
nteder3u,the court below, an
wes with-
the remedy ,
oat t;',u_cid that he thought
ble to this case.
The ,e'. slightest doubt, applica
points—as to the
abetie-'l"lts of the case rested on two
confidently as-
sert d°l' confidence by Becher who was con
e to , , 'though he was
hinted . 'a a paid agent of Lumley, although he
---% to 85 fair inference,
NtBB no e ,_,Y, whatever might be the _ ~...,
and
be had v4it`nce of any such fact iu the ettniavilai
was less
found • never seen a case in which there
, anon fora misrepresentation.
eels Lordship charge of wilful
1 ances of
then went through the maims
r 3 the 411.
141(1 Lu 11114 of the engagement between the Wagners
it whioceQtehY, stating his opinion that, from the manne,
WIS word _at engagement, drawn up by Mr.
teereone ed, Mr. Wagner himself was one of the last
ereived who would' be likely to bo easily de.
the prohi There was no evidence to show that
irith th hitery clause was imposed on Miss Wagner
who. e intention of deceiving her, for it was a clause
Lonle entered into all the agreements made by Mr.
wh Y.' The Wagners grumbled at it, but acquiesced
, en the e,
cilium i engagement was sent back with the prohieitory
neverl:keened; they bad full power to raj: ct it, but they
ver did e
tine • With regard to the payment of the
e hundred was certainly of
?pinion, pounds, he
. that Mr. Lumley never could have come
into t
Put h-
ost Court to enfethe contract
rce
, himself rht b ff -• to s the 3001. in full time
ar the sae to y 0 eacg p
WEl...a_ 'l3 Which it was to be applied—to, bring
the
e era over t when e o England. The quesdcn then was,
he _ was he bound to pay it? By the first contract
e Was bound f March but
'efore to pay before the 9th o .
.r _ that day the young lady applied herself to
i'utilley to miler the contract to suit her
the
Own eonvenienceg.e Mr. "le
of
acceded to that,
andi Wormed them . Lumley had .
3001. in his
candle In the mean that Becher bad .he
e mean time Becher had written to the Wag-
hers, tusking how and % here he should send the money,
tog Which ha omCit d
110 answer. The Wagons allowed

---
MORTALITY in the METROPOLIS.
NUMBER OF DEATHS FROM ALL CAUSES REGISTERED IN
THE WEEK ENDING SATURDAY, MAY 22, 1652.
Epidemic, Endemic, and Contagious Diseases ...*2288
Diseases of Uncertain Seat ... 39
Tubercular Diseases ... ... 189
Diseases of the Brain, Nerves, and Senses... ... 120
Diseases of the Heart and Blood-vessels ... 33
Diseases of the Lungs, and other Organs of
Respiration ... 131
Diseases of the Stomach, Liver, and other Organs

... 59

of Digestion... ...
Diseases of the Kidneys, &c.
Childbirth, Diseases of the Uterus. &c.
Diseases of the Joints, Bones, and Muscles
Diseases of the Skin, &o.
Malformations... .
Premature Birth
Atrophy
Old Age
Sudden ••• ••• _
Violence, Privation, Cold, and Intemperance
Causes not specified ...

... ... ... 1

••• 29
••• ••• . •• •••

... ... - ... ... 22

... ... ... ... ... ... 44

DEATHS FROM ALL CAUSES 943
Population Deaths in corre- Deaths
Enumerated, sponding week in the

1851.
West Districts... 376,427
North Districts.. 490,396
Central Districts 393,256
East Districts ... 485,522
South Districts.. 616,635

of Igsl.
140
191
182
196
291

Week,
... 154
••• 197
... 174
••• 171
... 247

... 1,000 ... 943
•• ••• ••• ••• ... 449
... 494

Totals ...• 2,362,236

Males
Females ..

BIRTHS IN THE WEEK.

Males ••• ••• ••• ••• ••• 711
Females .•• ••• ••• ••• 749

Total ... ...1,460
*ln this number are included 42 by Scarlatina, 41
by Typhus Fever, and 14 by Diarrhoea.

THE LONDON GAZETTE, May 25

BANKRUPTS.

John Bailey Capper, chemist and druggist, Black
heath, to surrender, June 3, at one, and 29, at two, at
the Court of Bankruptcy. Johnson, official assignee,
Basinghall-street; Atkinson, Quality-court, Chancery-
lane.
John Davis Randall and George Thomas Dicks, leather
sellers, Greek-street, Soho, June 4, at eleven, and 29, at
twelve, at the Court of Bankruptcy. Johnson, official
assignee, Basinghall•street; Fraser, Dean-street, Sobo.
Henry Brett, grocer, Portsea, June 4, at half-past twelve,
and July 2, at twelve, at the Court of Bankruptcy. .Canaan,
official assignee, Aldermanbury. Low, Chancery-lane; Low
and Son, Portsea.
William Veale Matthews, grocer, Yeovil, June 3, at one,
and June 29, at eleven, at the Exeter District Court. Her-
naman, official assignee, Exeter; Slade and Vining, Exeter;
Terrell, Exeter.
Francis Sadler, undertaker, Fore-street, City, June 5,
at one, and July 9, at two, at the Court of Bankruptcy.
Whitmore, official assignee, Basinghall- street; Lloyd,
Milk-street, Cheapside.
John Burnley, cloth manufacturer, Batley, Yorkshire,
June 10 and July 9, at eleven, at the Leeds District
Court. Freeman, oMcial assignee, Leeds; Blackburn,
Leeds.

Albert Pinneberg, builder, Hertfordshire, May 29, at
half-past one, and July 3, at twelve, at the Court of
Bankruptcy. Nicholson, official assignee; Piercey and
Hawks, Three Crown-court, Southwark.
Josiah Bowfin, carrier, Wake June 8 and 30, at
half-past eleven, at the Birmingham District Court.
Christie, official assignee, Birmingham; Brittain, Bris-
tol; Moore, Walsall; James, Birmingham.
Charles Stanley, tailor, Hastings, June 4, at twelve,
and June 29, et one, at the Court of Bankruptcy. Bell,
official assignee, Coleman-street-buildings; Fraser,
Dean-stre,,t, Soho.
Henry Bridges, licensed victualler, Canterbury, June
5, at halt-past twelve, and July 9, at one, at the Court
of Bankruptcy. Whitmore, official assignee, Basinghall-
street; Venour, Gray's lan; Furleys and Mercer, Can-
terbury.
Eliza Babb, dressmaker, Grosvenor-street West,
Eaton-square, June 8, at two, and July .5, at eleven,
at the Court of Bankruptcy. Edwards, official assignee,
Sambrook-court, Basinghall-street; Coombe and Nickoll,
Bridge-street, Westminster.
John Hick, corn merchant, Wakefield, Yorkshire,
June 8 and 29, at eleven, at the Leeds District Court.
Hope, official assignee, Leeds; Bond and Barwick,
Leeds.

DIVIDENDS.
At the Court, BAsioghall-street

R. Wood, Wardour-Street, Soho, upholsterer, June 15,
at half-past eleven—J. Beaumont, Leman-street, White-
agape', engineer, June 15, at twelve—T. S. Curies,
York•street, Westminster, cheeaemonger, June 17, at
twelve—A. Salmons, Basinghall-street, City, merchant,
June 17, at eleven.
In the Country. _ _

W. Pile and J. Pile, Monkwear-month, Durham, ship-
builders, June 18, at twelve, at the Court, Newcastle-
upon-Tyne—A. Harris, Darnley, Gloucestershire, wool
broker, June 17, at eleven, at the Court, Bristol-J.
Brown, Bristol, dealer, June 17, at eleven, at the Court,
Bristol—M. Lister, Painswick, Gloucestershire, clothier,
June 24, at el., v(-n, at the Court, Bristol.
PAYMENT OF DIVIDENDS.
A. E. Player, Braintree, Essex, grocer, 2d., any Wed-,
nesday, between eleven and three, at the office of Mr.
Whitmore, Basinghall-street.
C. L. Meates, Conduit-street, Hanover-square, grocer,
Is., any Wednesday, between eleven and three, at the
office of Mr. Whitmore, Basinghall-street.
J. Elliott, Chichester, Sussex, builder, 74 d., on account
of first dividend of 7s. 3id., any Wednesday, between
eleven and three, at the office of Mr. Whitmore, Basing-
hall .s t reet.
J. Cook, Assembly-row, Mile-end-read, builder, Is.
313., any Wednesday, between eleven and three, at the
office, of Mr. Whitmore, 13asinghall-street.
J. Bate, New Windsor, Berkshire, builder, 10s., any
Wednesday, between eleven and three, at the office of
Mr. Whitmore, Basinghall-street.
C. Bacon, Walton Somersetshire, tailor, 3s. id., any
Tuesday, between eleven and two, at the office of Mr.
Hirtzel,.Exeter.
_ . . .

S. Coekings, Torquay, Devonshire, timber
office
merchent,
3-p., any Tuesday, between eleven and two, at theof Mr. Hirtx4, Exeter.
D. Boobbyer, Tuvistock, Devonshire, ironmonger, 95.,
any Tuesday, between eleven and two, at the office of
Mr. Hinz A, Exeter.
T. Harris. Camborne, Cornwall, grocer, 4s. 6d., any
Tuesday, between eleven and two, at the office of Mr.
lairtzel, Exeter.
H. Morris, Stourbridge, Worcestershire, grocer, 3s. 6d.
any Thursday, between eleven and three, at the office of
Mr. Valpy, Birmingham. •
NOTICES OF CERTIFICATES.
At the Court, Basingball street.
G. Lillywbite, sea., Cumberland-place, Brixton-rise;
Surrey, farrier, June 17, at twelve--T. 'Heard, Wood-
pbraisdtget,wS,ulyffeu—lks. Haynes,
, brewerand maltster, June 16, at half-
Lon_sdon: A
stre.
li
et,(EePha,dßdeindgiotrodn.,
wheelwright, June 16, at tivo
street, Covent-garden, tailor and robemaker, June 16, al
twelve.

•
In the Country.
'T. Lord, Ashton-nuder •Lyne, boot `and shoemaker,
June 15, at twelve, at the Court, Manchester J. Ford
and J. A. Hadfield, Glossop, Derby, paper manufac;
turers, June 17, at twelve, at the Court, llttanchester
W. ByrOm, H. Taylor, and T. Byrom, lidanchoster,
end Wigan, coal proprietor's, June 18, at
Liverpool;eleven
,9,,, the Court, Manchester—C. Steadman and 0.
S. Bakewell, Manchester, joiners and builders, June 17 ,
MlnEehesur
GRANTED.
0. b
•
ld ate High-street, Aldgate, grocer
0. Sparrow, A . F
at eleven, at the Court,
• gin,
Famed victualler, certificate of the
Cople, BedfoYdshire, i
on
and
certificate
irofit
el,ifi ;Rs: tsoeui otilfhvret
Whalley,
:eel
Deiteohiynis,rdsdocci
Llaasysgs.E— D class--R.
Lancashire,. G
plumber u d '
tahnidrdgclalazFitsr:
PARTNER
beaters—J. W. Freeman anT.
Forrester, Dresden,
merchants—W. Steele acd
C. Henshaw, and
T. and F. Suminere, Little
dßrvirita.iniiagrt4ldpaonvders,iclvoeari
Trentham, brickmakers—R. Thru
coachmakers (so far as regards Liverpool,
H. E. Thrupp, dee,:.ased, George strict,
Newton, R. Wilkie, and W. F. Edwards,
Vil lkin)---W• J.
cement dealers (so far as regards B Penohrhtmttwa;:sqGn.arrie,.
Wood, W. Walker, and P. Walker, jun.,
Manchester,
shirt and stock manufacturers (so far as regards William
warbur-
Johnson Wood)—William Lord and William
e,,
ton, Shaw, Oldham, cotton waste dealers—H. SarEfi la
and S. Downing, Liverpool, metal merchants—A. Hick-
, man, J. H. Pearson, and G. H. Hickman, Bilstou, Staf-
-1 fordshire, iron and timber merchants—J. Fisher and T.
Joce, Barnstaple, Devonshire, wine, spirit, and ale and
, porter dealers—W. Cartwright and G. Evans, Dudley
l Port, Staffordshire, iron fouudera—W. Taylor, S. Par-