The Sun.
London, England, 1863-06-04 00:00:00

SHIPPING—This Day.

LONDON, June 4.—Wind this day at. noon—North.
West ; light breeze and fine weather.

SWANSEA, June 3.—Wind S.—Sailed—Nameless, for
Halifax.

Louou FOTLE, June 3.—Arrived—Bohemia, screw
steamer, from Quebec.
SUNDERLAND, June 3.—Wind N.W.—Sailed—Misfor-
tune, for Calcutta.
SHOREHAM, June 3 —Sailed—Johann Heinrich, for
Quebec.

(BY MAGNETIC TELEGRAPH.)
GRAVESEND, Thursday Morning.
Arrived, June 3.—Manhorn, from Barbados; Crusader,
from Guernsey; Minerva, from Christiana ; Dorset, from
Guernsey; Triton, from CApe of Good Hope; Crystal Pa-
lace, from Rotterdam ; Crimea, from Revel.
Arrived, June 4—Anpreten, from Christiana ; Matadore,
from Porto Rico ; Fortuna, from Palermo.

DEAL, Thursday Morning.
Passed, May 3—Dia Perle, from Alexandria, for Lon-
don; Ganges, from Leghorn, for London.
Passed—Maid of Judah, from London, for Port Phillip ;
G. F. 0. Heyne, from London, for Calcutta; Maria Harris,
from London, for Monte Video; Rosins Claypole, from
London, for Nassau ; Eliza and Charlotte, from London,
for Cuba; Commodore, from London, for Penzance.

A THEATRICAL DIFFERENCE.—A case of general
importance to the theatrical profession was heard.
before Sheriff Arkley, at Edinburgh, on Friday last, and
again on Monday, in which Mr. Charles Lyall, of the Royal
English Opera Company, is pursuer, and the said compellY
and ihe managers —Miss Louisa Pyne and Mr. ¶V. Harri"
son—are defenders. Mi. Lyall sues for recovery of salary,
withheld by the managers under these circumstances
the memorandum of agreement between the pursuer and
defenders, the former is taken bound " to give his exclusive
services to the said Louisa Pyne and William Harrison, to
play and sing such parts as may be required of him, either
in London or the provinces ;" and the agreement is declared
" to be subject to the rules and regulations annexed;" No.
of 4
any performer refusing or
cast assigned to him or her by the
ne-
glecting
to
act
a declares
part
or
managers, shall forfeit for evLeyryalsiutcoh psainrtg, tahurdeepwl
yeeksaofct
the
assigneder a
to him
his or her salary, and be liable to the cancellation of his or
a L
the
her engagement, or either, at the option of the managers,"
During the late engagement of the company in Edinburgn h
qau
i red
short
subordinateDSc. part in addition
principal character he was to represent i
an
managers
re
in the same
opera. Mr. Lyall having refused, the managers inti-
mated that he had thereby forfeited three weeks' salary
in terms of the 4th regulation above quoted ; and hence
arose the present question with
pay-
ment of the pursuer's salary. Mr. Dundas Grant, advo-
cate,for the defenders, pursner, and Mr. Somerville, S.S.C.,
Mr. Somerville, in defence, pleaded lit,
that the sheriff had noot jurisdiction, the defenders being
n
foreigners, who had resided 40 days in Scotland, and
that the Court of Session was the only commune forum, be-
fore whi •ch a foreigner, not having a 40 days' domicile, can
be competently sued, in support of which he quoted numer-
ous authorities-2d, to the merits, he pleaded non-liability,
in respect of the terms of the agreement between the par-
ties. Mr. Grant replied at great length, and also cited nu-
merous authorities in favour of the pursuer's case. At the
close of the arguments, the sheriff intimated that ho would
take time to consider his judgment. Mr. Somerville then
stated that his clients being anxious to obtain a judgment.
without prolonging the litigation, he was quite ready to
give up the plea of no ju:isdicton, and to take the sheriff's
judgment upon the agreement itself if the pursuer would
consent to that course without leading proof. This Mt.
Grant was willing to do if practicable ; but the sheriff
having intinnit(d that he could not make up his mind upon
the agreement without surue light from individuals conver-
sant with operatic management, the case was ultimately
continued, that a remit may be arranged to a person so
qualified.—Xerth British Doily Mail,
GUILDHALL ENTERTAINMENT,—Tna City COW.
mit tee who
are managing this have just effected an in-
surance !ri the Royal Insurance Company ler £70,000
the building, new erections, fittings, and furniture, &c,, of
Guildhall, for the space of six weeks, to cover the period
during which the hazards of the preparations and festivities
are in existence. By this means the City avoids all the
special risks necessarily attendant on the festive •
0CC813104
in qtleltiOr.,