The Sun.
London, England, 1801-12-28 00:00:00

DECEMBER 10.

Off the Sguadrons which will soon sail froth the
Tei4l and the PJaesc, five Ships of the Line are
destined to the West Indies, five to the East Indies,
three to' the Mediterranean, and one to the coast of
Guinea.

Citizen JANssorls, hitherto first. Commissary to
the French Troops in the pay of our Republic, has
been appointed by our Direlory to the goVernment
of the Cape of Good Hope.
Citizen SCHIMMELPENNINCK, wha is now- at
A 97 lens, has it in commission, it is said, to con-
clude a Treaty of Commeree for the Batavian Re-
public with England and France.

' AMSTERDAM, DEC. fz.

A FOttc ED Loan at 3 per Cent. has been-opened
for'tshe use of this City, to which all persons who
possess- property to- the amount of above
florins; or an income-of above-600, must contribute
in the troportion of z per Cent.

COURT 917 CHANCERY, Dn. 26.

ARURY-LANE THEATRE.

- - -•
Mr. FONB LANQUE.suited, that the Trustees anti
Mr. Sheridan had come 'to. a further arrangement
for the purpose of including the payment and satis-
faftion of all Debti for which a bona fide considera-
tion had been given. • •
Mr. SH EA I DAN said, a question had been put by
Mr. Agar, as to the disposal of the thirty-seven
one pound Shares. He could not recogni7,e Mr.
Agar's right to put that:question to him, a$- he had
'been in possession of; -those:-Shares long before-he
had 'known Mr.-Grubb, and had as much right to
'raise money upon them as tipon his private estate.
He wished, however, 'to give every inforination to
hi's Lordship. that was in his power. He then
handed to the Lord ChanceliOr an account of the
distribution of those Shares. By far the greater
part of them had, he said, been disposed of, or
placed. as ,securities to satisfy debts contratled on
'account of-the. Theatre, -and for the purpose of en:.
ablingsit to goon.
Mr. PtooT said they understoocithat Mr. Grubb
had no objeaion to submit. to arbitration.
Mr. AGAR said, nothing was more desired on
the part of Mr. Grubb, bin it could not be done
unless his Lordship gave sufficient powers for that.
purpose. •

the LORD CkIANCELLOi. said the Arbitrators
would have power to call for papers and to swear
witnesses.

Ivir. AGAR oNeOed qua. they wouid 'not have..
power to compel attendance. .

The I,oitrACHANCEL box said he could pot help
that; he-wished to• state all he knew upon the sub-
jai, which he had investigated with the most-
painful anxiety, and he believed he was right in
the conclusion he had drawn. He thought it, how...
ever, the interest -of all persons concerned in the
Theatre,- rather to endeavour to heal its wounds,
and put an end to all differences, than to insist upon
their stria legal rights.
Mr. Pr GOT said there was one of the Arbitrators,'
named by Mr.. Sheridan, whom he wished might
be changed,• which was hiMself. He had in the
course of the proceedings," as one of the Counsel for
Mr. Sheridan, formed an opinion relative to the
rights of Mr. Grubb, and therefore he did not think
himself a proper person to be named as an Arbi-
trator.

' Mr. SHERIDAN said he submitted the matter en.
tirely to his:Lordship. Himself, and the Trustees
were ready to go to arbitration. Mr, Grubb. said
-he was ready; but he wished for a Bond of. Arbi..
tratio.n, and - also proposed. that he should be ac.
knowledged by him (Mr. Sheridan) as a partner.
The LURK CHANCELLOR.: said he had no hesita.
don to say that such a concession could not be ex.
peeled from him_ (Mr. Sheridan.)
Eb,wAßp GRUBB proposed that Mr. Agar,
and the Counsel on the other side, should settle the
terms' of the arbitration.
• The LoRD CHANCELLOR thought one Arbitra.
tor would be sufficient for every purpose.
Mr, SHERIDAN then begged leave to name Mr.
Romilly, a Gentleman whom he said he did not
know, but wlio stood high in the_Profession.
- The: tORD CirANCiLt,oR. said there must he
mutual concessions. —lndividuals must be more
dined to concede than to establish rights, for the
purpose of bringing the business to a successful ter.
inination.

Mr, AGAR said,- that if Mr. Grubb's rights
were to-be carried'back-to the agreement of Septem..
ber t79s; the property had- been since covered by
judgments to such ail extent, that whatever sum
rzi~lit be advanced.to him, it was doubtful whether
it.could now be recovered.

LORDII44. "CHANCELLOR said the should state
what he thought upon the'Siibje&, and he
,should
give the Parties till after the 16th of January to
settle all. differences, at which period, if he lived
and remained in. that, Cdurf, he should again come
down. fie knew what order he must make if com-
pelled to .Fitt, bur he' hoped. the Parties, by agree.,
ment amongst 'themselves,- would preclude, that
necessity. If such agreement did .not take place,
how the Court was to tinrairel the: difficulties at-
tendant upon - this -COncern; without pressing the'.
property to ashes, andcrushing the parties to death,
he knew not. -

Mr. SH-ERIDAN SZlid hiS Lordship would 'not for-
get that Mr. Grubb was indebted to him for the
shares he had agreed for.
The LORD CHANCELLOR saiir, if it was left to
Mr. Romilly, he had no doubt that Gentleman
would say what ought to be done by all parties.
Mr..ROMILLY begged leave to decline the no..
urination.

The LORD CHArtc7i:Loa. said, " I will give the
Parties, in this Case, an opportunity until the 16th
of January next= to consider whether they will save'
themselves from ruin, or whether they will compel
me to rain them by the exercise of the jurisdiftion
of this Court. I know the order that I must make,
applying as it.must do, to more itregtilarity, more
negligence, and more breaches of contrao than I
replied ever to have seen In this Court, or heard
of any where, being a judicial determination, nun
have that effea; at least I know not how it can,
have any other,. or how the fads, as they are here
disclosed, calling for a 'judicial determination off'
this Court, linadequate as_this Court is and must-be,
even in its 'most simple form), can get over :hc
difficulties that must .occur, without reducing the
property to powder, 'and the interest of the Parties
to death, I do no.t know ; but if they compel me to
do so,, I must do 'so:"

Here it ,Was proposed that Mr. Romilly should
take the'reference i.- upon which
The LORD CHANcELLOR. proceeded—"' But
you can find such a.oentleman as Mr. Romilly,
who with his own. powers, 'and the little assistance
Which I may be able to give him, by some order's,
I have no doubt not, that he will be able to
do complete. justice in this case, for that no mar
will ever, I believe,' be able to -do ; the may sa!
what, upon the whole, is ,fit for the Parties'to do;
My proposition goes a.vast way. I think it is
the interest of the .PerfOrmers and the Tradesmen
to this Theatre. .I think it is to the interest d
the Morgagees—l think iris to the interest of .tif'
Old Rent Chargers-4 thirik. it is to the interc4
of the liFw Rent Chargers, including the thirty.

stren

I thin
the pi
Mr. f.
Grubl
it is t
ever

it is r
to ma'

in the
sure t'

right,

can cc
whole
upon
wish
r.ortu►
hints

rnenti
tainly
which
or of i
—Th,
vious

Patens

Garrii

consid
subje6
of 75
propo:

Theat

of the
propo!
rioui

were

which
Were

the IA
went
great
collect

the in
to the

were

of
bui
r 0
anc
S
aileag
veyor,
Very (
parr <
the P
raisins

Vate
tUat

pro v is
in the

eurnst;
not Lp
were,
sessiol
made
tions

and su

from
Sherid
the CO

Boxes,
charge
to the
filed a
must I
and al
that
have

a fini!
lie nc
nature
Grub!:
Sherid
was it

Septe r
Grubt
ter, II

cutior
Zreat
Was ti

:111e-riCl

ian 1

laird
mist

t can

here
m of

s t be,

:he
rties

1e to

lould

ut i
►ills•,
:ano

le to
mae

se ten Rent Chargers, and the ten'Rent•Cheript
I think it is for the interest of. the Proprietors of
the private boxes--•I think it is to the interest of
Mr. 'Sheridan-4 think it is for the interest of Mr.
Grubb, in whatever charaaer he stands--I think.
It is to the interest of Mr.. Richardson, in what.
ever charaaer he may stand, to take the thing as
it is now, and, by mutual sacrifices to each other,
to make the best of it, as it stands. They have it
in their power to assist each other, but I am not
sure that if any one of them insists on his absolute
tight, any one of the. rest, or -the rest altogether,
Can contest with that one, without demolishing the
whole of this concern. That is what occurs to me
Upon this subjea : I would only add; .that what I
wish should be done is, to give the parties an • pp_
portunity of considering this matter upon these
hints which I have thrown out,. until the day I Wive
mentioned, taking care in the -mean time, as I-cer-
tainly shall do,' there shall be some arrangement by
which it shall be prOvided that no debt Of a Tradesman
or of any Performer shall go beyond what it is now.
.---The business originated in the year 1791, pee_
vious to that, there existed an interest in Killigrew's
Patent, and also iu the Patent possessed by Messrs.
Garrick and Lacy. The latter was pledged to a
considerable amount, he believed 72,0001. and also.
subjea, as to Lacy, to rent-charges to the amount
of 75,0001. besides other charges. In 1791 those ,
proposals were made relative to re-building the.
Theatre, which,were contained in the first Schedule
of the, Deed of the. t6th June, 1793. After those
proposals were madesin -the year -1791, through va- '
rious causes of delay, a year and three-quarters
were filled up by performances at the Opera House,'
which it appeared were not only'not beneficial, ,but
were attended, with a heavy loss. The interest of
the Mortgages and Rent-charges in the mean time
v.,ent on, and it might easily be conceived that
great difficulties must in consequence accrue to the
concern, Here he could not help observing upon
the impropriety of appropriating any specific sum
to the payment of the Renters, until the profits
were ascertained. The Proposals held out the idea
of building a magnificent Theatre, with buildings
around h, the whole of which, it was contended by
Mr. Sheridan, Mr. Holland contracted to finish for
80,0001. This was denied' by Mr. Holland, who
alledged that he was merely the Architetit and Sur-
veyor, and not the'ContraCtor. It did not appear
very clearly that there was such a contra& on the
part of Mr. Holland, since there .was a clause in
the Proposals, by which provision was made for
raising a further sum of money by sale of the Pri-
vate Boxes, under the supposition that the former
sum would be insufficient. The sum of 150,0001.
was to be raised by 300 subscribers, at cool. each,
and the Mortgagees paid. The Trust Deed of
T 793 was, however, executed. .The Theatre was
opened, but only 4.2,0001. of the old mortgages
was paid: off. In considering this Deed it must
evidently appear, that the Duke of Bedfiird was
mot bound to.grant any lease, ;till the wholebuild-
ings were finished according to the plan ; nor were
the Mortgagees bound to consent to it, till their
mortgages were satisfied. The latter, however,
having consented to that Deed, as if their mort_
gages were' .paid, it became a question, how far
they could set up a claim against a subsequent in.
Cumbrance, .igoorant of the faa ? The _Ds'eti
!Diced covenant upon. covenant, and proviso upon
Proviso ; but there appeared a degree of negligence
in the execution-of the trusts, which however cir-
cumstances might stand between the partiese could
not be allowed 'for in that Court. The Trustees
were, by the provisions-of the Deed, to take pos-
**iota of the Theatre, if the payments were not
tclule,:.by,,.the Proprietors according to the :stipula-
tions.of that -Deed.- He did not wonder that the
Trustees, when the time came, should shrink from '
the execution of that duty which they had imposed
upon themselves, and decline the task of taking ,
upon themselves the management of such a concern.
Still, however,. that Court was bound to say, that
the Trustees ought to have ailed according to the
trusts contained in that Deed. By that Deed, the
sale of the Private Boxes was provided for, the pro-.
duce to be paid into the hands of the Trustees, and
applied, if necessary, in aid of the 80,0001. appro-
prilted for '.building and completing the Theatre
and surrounding buildings : the Private Boxes had,
however, been sold, and the monies arising there-
from -paid, with the privity of the Trustees, to Mr.
Sheridan,. the Proprietor. He wished to put it to
the consideration of the Proprietors of the*Private
boxes, how far their title' was secure, if the Rent-
Charger's should insist on the money' being applied
to the finishing of the Theatre. If a Bill had been
filed against the Trustees for that purpose, the Court
must have compelled them to complete the Theatre,
and appropriate all the monies originally allotted for'
that purpose. The Private Boxes must therefore
have been liable, 'until the Theatre was placed in
a finished and complete state. Thus far the Deed.
He now cattle to a transaction of a verrsingulat
nature, which had given rise to the claims of
Grubb, and to the -dispute between him and Mr..
Sheridan. This, it was enritended by Mr. Gttibb,
was in August, 1795, and by Mr. Sheridan, not till
September, 1795. The question was, whether Mr.
Grubb was a Proprietor or a' Partner; and if a ran-
ter, and not i Proprietor, whether he had com-
mitted any as of forfeiture ? If he was to be con_
sidered as a Partner, he certainly had a right to be
indemnified. The AgreeMent, however, as set up
by Mr. Grubb, was in August, 1795; and if .Mr..
Sheridan would consent to such kind of Agreement,
interlined as it was, and without any designation
of the parties, except initials, he must not 'complain
of Law expences. A more' extraordinary Agree_
tient appears of the 46th September, 1795, accord-
ing to which it should 'seem, that bOth Mr. Rich.:
arason and Mr. Grubb were to be imagined Pro-
-I;ri“ors, Mr. Sheridan giving them a power to aft
In his absence, and agreeing to abide by their alts ;
each to be entitled to one-seventh of the profits.
lie was not learned enough in the concerns of the
Theatre, .to say what was the' difference between
the profits of the Proprietary and the profits of the
Management ; but this was certain, that the exe-
cution of such kind of ambiguous Deeds, betrayed
great negligence and inattention.—The next Deed
Was that-of the 7th of April, 1796, between Mr.
Sheridan and the Linley famiiy, and other Gentle-
°len, ;amongst whurc, were Messrs. Grubb and Hol.

land, -by which the latter held in trust the shares
in Killigrew's Patent, the Theatre, Buildings,
Scenery, Wardrobe, 84c. ; and were to sell the thir,
ty-seven shares which had been created, of 11. each,
under the direction of Mr. Sheridan, for the most
money that, could
.be had for them, no one to be
sold for less than pool. But no notice was in thin
taken of the Private Boxes. In December, 1796,
however, it appeared by a Deed of that date, that
the Private Boxes were not sold, but deposited
in a trust as securities for the Mortgagees. The
Theatre remained at that time, as at this, un-
finished, whilst this Deed recited the trusts of
the Deed of 1793, by whielv,lr was expressly
stipulated, that if the molies appropriated were
not sufficient to complete .the Theatre, the Private
Boxes should be sold to supply the deficiency.—
There could be no question therefore thi'at those who
had possessed themselves of the Private Boxes under
-such a Deed, had taken them, stabled, with their
eyes open, to All the provisions of the Deed of
1793, and with full notice of those provisions at-the
time they abed under the Deed of 1796. Of the
execution of this trust an account was now rendered
in December 18ot. Mr. Sheridan complained of
law expences, but he was convinced, if Mr.' Sheri_.
dan had filed a Bill to compel,an account of the exe,
cation of this trust, he would not have incurred one
sixth of the expences, that it appeared by this ac_
count he had. With respea to the 37 one pound
shares, Mr. Sheridan had sent him a letter, inform-
ing him he should read a paper in Court, which
contained an account of their distribution. To this
he had no objeCtion, but he could not help making
use of this opportunity to reprobate the praaice of
sending letters to him upon the subjea of causes be-
fore the Court. To such a 'height had this evil
arisen, that scarcely a cause now came before the
Court, in which letters from the Parties were not
sent to the Judge who was to try it. If such a
praftice was continued; he must take some strong
measure to repress it. He must do Mr. Sheridan
the justice to say, . that he had withheld no Paper
whatever that, could in any degree tend -,t),elucidate
the matter,. before the Court, or afford any
_in-
formation upon the subjed. If Mr, Sheridan's
mind had been too' feeble to struggle with the
difficulties of his situation, he wished him to con-
template the Theatre with a well grounded hope, as,
he thought it had stamina stafficient to resik the
pressure it now experienced. I-!, should now pro-
ceed to the'Deed of isth of September 1798, by
which Messrs. Sheridan, Richardson, and Grubb
were all stated to be Proprietors of the Theatre.—
This Deed affected to abstract. the Pit-money from
the rest of the Funds, whiCh could not be abstracted
without first satisfying the priorities of the Deed of
1793. Mr. Grubb agreed that this Deed made him
a Proprietor. It did so to a certain extent, but
excluded' him at the same time, for Mr. Grubb had
submitted to an Indorsement upon the . aced, by
which the exclusive right and property of Mr.
Sheridan in the Theatre, was expressly reserved,
whilst, at the same time, 'the rights of Mr. Grubb
were expressly referred hack to the Agreement
of 1795. The Bills of Exchange also drawn
by Mr. Sheridan, upon himself, Richardson, and -
Grubb, Proprietors Of the Theatre, . were strong
evidence on behalf of Mr. Grubb's claim, and there
could be no doubt, that Mr. Grubb.was, as to ,the
Holders of those Bills, a Proprietor of the Theatre.
The keeping the Accounts also as a joint concern,'
and the Deed to Mr. Westley, -were other strong
circumstances, and it `was extremely diffiCult to say,
what the adual interest of Mr. Grubb was, or whe-
ther a Jury, having all this evidence before them,
alight not deem him a Proprietor ,- but he thotight
Mr. Grubb would aft advisedly, if he endeavoUred
to get rid of his concern in the Theatre., If ,an
agreethent did not take place, the Court must, most
probably, send an issue upod the question, to be
tried by a Jury ; but he thought it would be an hu-,
mane act to relieve Mr. Grubb from all further lia-
bility relative'to the Debts of the Theatre. This
Deed was followed by the Orders, by which the
Pit-money, after deducting 451. per night, and a
part of the Box-money were to be abstraaed from
'the Fund, and to remain subject to the direetions of
the Court. He wished the Deeds had been read at
the time those 'orders were Made. The Court was
then called upon to aft without sufficient information
upon the stabled, and in hopes of speedily settling
all differences between the Parties, had made those
orders. It was foUnd it had done that which must
stop the hand of every Tradesman who had previ-
ously supplied the Theatre with the necessaries of
its existence, and shut the mouth of every Per.:'
former, upon whose exertions the Theatre must de-
pend for support. • The effea of those orders would
then be, as it had been sworn by , Mr. Peake, the
Treasurer, in his Affidavit, to shut up'the Theatre.
had formerly been the prance of the Court for
no Counsel to consent to any proceeding without
the fullest information upon the subjea, and he iliust
say, that the Court could not protea itself front be-
ing surprized into a similar measure with that which
he had just commented upon, and which would.
have been ruinous to the concern it was intended to
benefit, if Counsel would not bring into Court full
Briefs, and a greater pottion of information upon
the matter before the Court.

Under these circumstances, and the general corn,
plexion of the Case, his Lordship said, he had no
difficulty in saying, it was his business to abstain
as long as the Parties would allow, from giving his
judgment upon this complicated Case. He laid but
little, very little claim to the applause which seem-
ed to be due to quick proceedings in the Admini
stration of Justice ; he had not talents to enable
him so to dispense Justice. He did not Wish to
acquire such a talent ; he had rather suffer any
thing that a Party :could objet to hirriin that re-
I sped, than for the sake of quirkness' in 'the- dispatch
of business, he should lay his and- on -those prin-
ciples which must in a degr e, apply to all the
distribution of property by order of a Court of
Justice, or tothe -rights of those to whom it .be.
longs; and here he could not help indulging a hope,
that by mutual forbearance, founded on a considera-
tion of all the. circumstances of the Case, and bot-
tomed in real attention to the true interest of all
the Parties, he might look for a better settlement'
of 11116 complicated business • than could be obtained
by an.), decision of a Court of Justice; for the Parties
might find, in their own prudence, more reakadvan.

tage than they could find in any Cc:lW,- lettered '
it was, and must be, by rules.--.,--Put he could not
part from this subject, without saying that if. this
matter was no better for .him td consider it onithe
next day he came into Court to consider it, than it was-
at.preSent, he..must take care it should be no worse.
He,felt for the demands of the Tradesmen, if duly
made, and the demands of the Performers who ex:.
erted their talents, and gave up the best labour of
their lives for the support-of the life of the Theatre,
and withoUt which the Concern could not go on
for one hour they should, therefore not be curtail-
ed- in their remuneration for any thing:they should'
do hereafter, and therefore he. did exiied that if he
had persuaded any of the Parties, that it was to their
interest to accede to whit he had ventured to re-
conimend, it -Would be on the terms of providing
daily hereafter 'for the Tradesmen of the Theatre
and the Performers ; and this was an order which
he was even now prepared to make:—sci much 'was
he impressed with the propriety of this determina
lion, that he was ready to say, the Tradesman who
served. the Theatre this night, and the Performer
who went throUgh his part this night at that Thea-
tre, 'Should be paid to his or ,her satisfaction, for
without this, there was nothing in the colour of
Justice ever likely to take place. Now his Lord-
ship said, that he had adverted to the conduct .of
Mr. Grubb and of Mr. Sheridan in several, parts of
this most complicated business =he had, however, •
adverted to them no further thanas they referred to
matters of fad before him, He had nothin to do with:
negligence, nor with irregularity in. any of the Parties,
except as they weie 'manifested in that On which he
was called upon judicially. 'to 'decide,' standing as
they did, stutois in, that Court. But, in' that
sense, and in that sense only, speaking with re-
ference to the one and to the other 'of these Gen-
tlemen, he had no difficulty in saying their conduct
was marked with such a degree,of, negligence 'and
irregularity, he must be tunderstood to advert to
what professional men, in a Court' of Justice, called
irregularity ; marked with such a degree of negli_
gene and irregularity, he said, and other parts of
the, case partook so strongly of the same quality,
tha he thought ir.wOuld be doing injustice to both
if he were .to pronounce any thing upon the sub-
jai generally,; because his judgment would amount
Co nothing more, AC best, than reasonable conjec-
ture. Whether 'Mr. Grubb was a proprietor, or
whether , Mr. Richardson was. a proprietor, or
whether Mr. Grtibla was a partner with ' interest ;
(not interest as due ;to him on property advanced),
but a partner ;with interest in the' property, whe-
ther he had forfeited that character by any ad, or
that he . was meant to be a partner, on • some
conditions which he had not performed, whether
Mr. Grubb was right, or Mr. Sheridan was right,
the one alledging that he was-a partner, the other
that he was none, were points which, if litigated
at all, must be sent to that Tribunal which had
constitutional, fitness ,to . dispose of them, namely,
trial by Jury ; or if the whole went, as in this par-
ticular case, hiS Lordship could not 'help recom-
mending,, to arbitration, due care should be had
so order the production of all documents nece‘ssary •
for complete. information upon the,subjeCt. But if,
upon inquiry,-.it should turn out .that Mr. Grubb
was-no proprietor or.no.partner, having no interest
in the profits, yet that since August
-or Sep-
tember ine, that he had had an actual concern as
A partner, and was held out as such to the world,
although not, really entitled to the benefit of the
concern, as between Mr. Sheridan,. Mr. 'Richard-
son, and Mr. Grubb,' that was matter, to be re-
gulated by them; but as to the Public, the case
must stand, in many respects; as if he was -a part-
ner, ,that is; all- the ads which he did' in that cha-
.rader, would bind the property as if he was ac-
tually a partner, and then would come the consi_
deration, in that Court, whether,, if Mr: Grubb,
was not be entitled to the benefit, he should not
have, at least, • the indemnity of a party who
.had
been in this concern • for he had a right to say to
Mr. Sheridan. and Air. Richardson, " If you send
me out. as no' Proprietor, without a farthing of
money in my pocket-, you have suffered me to sub-:
jest myself to large demands, and great embarrass-
mentsa I have partakeri':of the misery of 'the con-
dition of a Proprietor ; -I have, at least, a right
to be indemnified for what has been done by me in
that character." This language Mr. Grubb would
have a right to hold out towards those who re-
mained'Proprietors of this Theatre ; and his Lordship
observed that whatever ambiguity there• was in the
situation of Mr. Grubb, he had in this Concern an
• interest which that Court must take care of, and
see that it be secured, if that Court Iwas to arrange
the interests Of the different Parties ;. and here he
would take permission to observe, without pre-
judice to any Deed which was executed by any of
the Parties, Mr. Sheridan had perMitted Mr.
Grubb to draw Bills of Exchange.—Drawing a Bill
of Exchange .Was . a solemn at, a prodigiously
solemn aft, as one of a Firm, by one who was no
partner-,-but so it stood, Mr. Sheridan had permit..
ted Mr. Grubb to draw Bills of Exchange as a part-
ner in the Firm of the Theatre. This was certain.
ly holding Mr. Grubb out to the Public as a Pro,
prietor of Drury.dane Theatre.; he must be so taken
by every one into whose hands these BUIS had
'found their way, 'for it was one thing to consider,.
whether'any holder of any' oneof these. Bills -would
have taken it, if it had the -responsibility of Mr.
Grubb only, and another' to consider.that it was the,
Bill oil Exchange of a Proprietor of the Theatre.—
Therefore 'as to these Bills of. Exchange, Mr. Grubb
most unquestionably was a Partner. It was-very
easy to see what must be done in this Case ; it
must go before a jury, or
.before a more ineffec-
tual Forum, the Office of. the Master, unless the
Parties would have. ,mercy upon theinselVes, by,
agreeing to refer the..whole, of this matter to the
determination of ajtidge of their own chusing.—
The next question was on the 'Petition -which was
presented against-Mr. Holland; and the Answer he
made in his Affidavit. The object of that applica.
tion,•was to make Mr. 'Holland pea-forth what was
alledged to be his- contra& ; for, as
.to that part of
the case which referred to the Box Annuities, and
the remaining share of-Mr. Killigrew's Patent, his
Lordship dismissed it for the present, observing, it
was useless to order the Trustees to do any thing in
that business, 'because there were not, at present,
'any funds in the hands of the Trustees applicable to

' sti'dt I.iurpose, Villa! might be er.lcreti to be dnne'
when. they have f 09.1,5; quite
question. - With respett to tbe. Petition reApettihg
Mr. Holland, calling in to do th.tt which drew
from -Mr. Mansfield an obseryationby which lie clri.
taEteriz,ed this case as the most extraordinary that ever
came before a Court of Justice or Equity.; .he was
not surprised that the case .had drawn forth
that expression from that very able. and experiewed
professional man ; the Case was certainly, taken
altog6ther a wonderful Case ; it was difficult in the
very nature of the thing, for it was Ibunded on the
execution of Trust Deeds, emulated with pecuni.4
interests, and he could not help hesitating. a little,
,when • he was told 'alias either that or any other
Court of Justice, was able to
,aft with satisfaaion
to all Parties, or indeed with satislaCtion to itself,
when it had to regulate compliCated interests whiell
arose wit of speculation in public amusements, for
the rules of a Court of Equity would not dispense.
with the absence of parties ; the Judge of Such
Court would not take upon himself the power-of
pronouncing on the rights of those who were not
-before him, and be was called upon here) en do
,that which he would not attempt, in the present
state of fads, he meant in. the present state of
fads unascertained ; to decide upon all the interests
..of all theparties concerned ; that no man could ex-
peet,.of him, until the extent of those interests were -
ascertained . in the way in which contested facts
could alone be ascertained; namely, by a jary.—:-
Besides this, he must observe, upon the pradical
inconvenience of entertaining. sucfi case,z, that if .
there were' many of them, all the other Suitors of the__
Court muss remain without any hope of having jus-
tice done to them ; and here his Lordship said, he
-must submit to the Counsel in this case, the cons,
sideration, of the necessity of being -mere fully in:.'
struCted than many of theinhad had an opport aid ty of
being in this case, in order that they might inform
age Court, for that was the chief office of a Counsel,
so that the Court might know what the. interests -
were that .came Under its consideration ; at present,
unless the Judge blended, in himself several distina
characters, he would have no means of doing any,
thing like justice. in the first place, he must be..
come a .Party in the Concern, to understand
In- the next place, a Solicitor in the ,Cause to --
prepare the materials whereon to discuss
In the third place; he must become a Counsel in
the Cause to exttain it, and that, as well for those ,1
who were absent as those who were present, as the
suitors of it ; anlin the last place, he ' must' exe...!
cute the duties of a Master of the Court, to ex-
amine into fans, and report thestate of them, toge.-
cher with his opinion theredn. Now,' under all
this. complication, he confessed he did not clearly,
or with comfort to himself, see his way through
this business, unless indeed he took up an idea ex-
pressed by Mr. Mansfield, and consider the neccsq=
sity of the case as a justification for a measure which
otherwise would be unjustifiable, and. taking the
latter up as the Master -would take it. Then taking
up the part which regarded Mr. Holland on petition, .
his Lordship observed, that his- first -affidavit was
broUght 'before the, CoUrt 'a little irregularly,
but under feelings' -thatt might, perhaps, excuse
that; it was answer to Mr. Sheridan's peti.
tion. 'Now if he were to .consider this subje6
as if Mr. Sheridan's petition were n bill tiicd
against Mt. Holland,' and Mr.' Hollanks- affidavit
were an answer to it, and that the prayer of the
bill wits, that Mr. Holland should make a specific
performance of his contran ; it would be impossi-
ble for the Court to order that Mr. Holland should
make that specific contract. In the first place,- the .
contract was to be gathered from what' was con-
tained in all these instruments taken together; and
when they were read with correctness and attention,
his Lordship was persuaded they would not bear the
construction whieh had been put.upon them, and
partiCularly the words at the-bottom, upon which
so much stress had been laid.—The estimate of
the plan, amounting to 80,0001. " for which sum
" Iwill engage that shall be done," were the
words. Now these words, taken literally, might
be taken, by some, to mean one thing, by others
another ; they might be capable of two meanings—
it must mean one of two things ; eitherit must mean
as if Mr.' Holland 'said to the Proprietors, " I will
do it if you please," in which case it would not be
binding, unless he had been specifically directed to
do it,
,and the sum had been tendered to him, from
time to time, as he might want it for that purpose ;
or else, it must mean, that by these, words he bound
himself, at all events,, to perform the thing, what-
ever difficulty might afterwards arise to himself for
having so done. What was his Lordship to do in.
that state of things? Why, he must look not only
at the proposal, but.also at all the acts of the par- .
ties since the proposal was made ; 'for Mr. Holland
said he did not engage to do it, as -was contended
by Mr. Sheridan. This proposal might be consi-
dered as one part of evidence of a contract, but mot
conclusive evidence of the contract being a.tl.lAlly
entered into, or of the meaning of the contract; for,
before that could be established in a Court of jus-
tice or Equity, the whole body of the transanions
between the parties must be entered into, and they
must be read through, before a correct idea could
be righted upon the matter, such, as-his Lordship
said he had done, for he did not like'ro imitate those
who had subscribed their sool.a-prece, and thought
.that nothing more was necessary to be done.; and
having gone through the whole of the transactions, •
'with reference
,bearing they had upon that
.subjth, he owned it did appear to him that these,
words were so far
.from being a .confident statement,
that the Building 'could be completed, or that Mr.
Holland would complete it for the sumvf 8o,000l:
that it appeared to be the express declaration of
Mr. Holland there would be wanting, in addition
to this, the sum of 35,0001. to complete the build..
ing ; and when the Deed of 1793 came to be executed,
to which Mr. Holland himself was a parry, there
was no charge made against Mr. Holland for the
non-performance of his contrait. In the Deed of
1793 there was a power for the Partners (they were
to judge. of their 'own- contrad) to apply certain
large sutras of money, either in the purchase of Kil-
ligrew'S patent, or the renc.eharges of soot. a-year.
They did raise rent-charges of 6001. a.year. Now
these words of Mr. Holland could not amount to a
contraEt in a Court of Justice.—ln the place in
which he sat, his Lordship said, he was to look at the

envaraas of 'men, or what wers called the coritrads
Of men, and their conch:id upon such cohtrads, and
only upon SoCh cAtrads ; out .of-tlieir contrails he.
had nothits to do with their -condud.—Now, it
was one thing to make Mr. Sheridan- believe that
So,oool. would do to complete this building, and.
another thing to make a man do it for that sum.
There was a wide difference between doing a thing,
and the'opinion of some Man who was nor to do it,
that it could be done—So-there was a 'wide differ-
ence between a Surveyor of a building, and the
Builder of it.—His Lordship said he did not pretend
to much,' but he.' was not abiolutely destitute of
personal knowledge of this cliStindion, that know-
ledge having, perhaps, cost him something. The
• -charader of -a Builder, and a Surveyor, were dif_
&rent in Law ; the one performed the thing, and
the other lookedover and inspeded his labours.; the
One contraded for, the perforthance of a work, the
other looked over the work when it was done, arid
charged a certain commission for so doiag. Mr.
Holland; although a Builder. and Archite& by pro-
fession,. had more of the charader ofSurverar,.with
reference to this concern, than that of. a Builder ;
for although it was true the workmen were paid by
Mr. Holland's certificates, still in a question, as
between him and the Proprietors, he ought to be
considered as.referring to the funds of the Proprie-
tors, on thefaith of which he employed the work-
men, and on the faith of which the workmen did
the work : the promise was indeed made to the
workmen, and the certificates were signed, and the
'drafts drawn, by Mr. Holland ; .but this left the
question of Mr. ollan d's engagement to complete
the building where it began, because Mr. Holland
had a right to ask, before lie ;performed this Work,
what funds he was to loCsk.to for the discharge oldie
expenee of it.—Here his Lordship. went over the
\different statements Of items as they appeared in
'the proceedipgs, _and referred to in the affida-
vit of Mr. Holland, and -which his • Lordship
thought was not completely met by affidavits on the
other side in this particular, so as to fix Mr. -Hol-
land with-.a positive engagernent, as Mr. Sheridan
had insisted, that of compleating this building for
80,0001.--liis Lordship took occasion to observe,
that some of these things had been turned int° ridi-
cule, but he did not like observations of wit or ridi.
rule, or humour on any man in a Court: of Justice.
The exertion of talents in that way, did not appear
tothim to conduce to the ends of itisticee but taking
Vie whole matter together, the So,bool. originally
destined for the building, and -the sum of 35,6001.
which was afteewards supposed by the parties' to he
'necessary for the purpose of Compleating the build.:
ing, they struck his Lords* to be near the Mark,
as it was stated by Mc Holland ; but whatever
might have been. once intended by the parties,
in their condud in 1 Sor, in which the subject of
the building was considered, no • fault was found
with Mr. Holland : therefore, without attending
to what 'might pass,
,or what del not pass, he must
look at -what actually did pass between the parties,
.asfar as they had disclosed what past between them;
'his Lordship could not say there was any thing like
that kind of case which called on him to say that
Mr. Holland had made the kind of contraet which
Mr. Sheridan contended he had ; he said this -the
more especially, as ie was admitted there had been
negligence and inattention to some parts of the con-
cern, an ~,`ojet't which should never oetosc-stgfir or
by those who called for the interference of a Court
of Justice,
,for although there might be negligence
in the, beginning of a basiness,- there' must be at..
tentioo at the end of it, if parties would have their
matters decided in a Court' of Justice.
His Lordship then took a view Of the claims of
the Petitioners as they bad been stated to. him, for
same of which provision was said to be made by
IVIr. Sheridan, by Bond and Judgment, by. Assign-
ment of Shares, &c. ; the legality of some Of Whitt),
his Lordship thought, might possibly admit of a
question, which he threw out as an inducement•to
the parties to come to an adjustment among them-
selves, in the
.way lie had recommended before he
entered on the merits of this case to-day, remind_
lag the parties altogether, that if they did not
agree, the dry, unaccommodating rule of Law must
goveriteetheir huerests, of whatever kind they
were, however much some of them, or all of
them,- might be disappointed, which he took to
be an additional reason for all parties assenting to
a reference; &c.. In the course of many observa-
tions, his Lordship , took an opportunity of saying,
lie lamented that so many Dee& and Instruments
had been executed by Mr. Sheridan, Mr. RiChard_
son, and other Gentlemen, some of the provisions
of which were repugnant to each other.—Having
gone through all the fads and. circumstances of this
complicated case, his Lordship Said, " It' is very
possible that I may have taken a wrong view
of this ease : -if I have, I freely confess I have no
aiology to make for my errors, or any mistakes I
may have fallen into: I am sure the nature of •the
case is such that, although, with great assistance
from those who hare. addressed me Ain this.Subjed,
I have, from the fatal necesity of the case itself,
been without' that assistance which is really- most
valuable to a person who is, to decide; 'not as an Ar-
bitrator, but as a judge bound by Law and by Rules
which compel him to avoid, in many 'points, the
course which his own understanding-gent him is the
best measure ofjugtice to certain parties, from the
peculiar circumstances of their 'situation ; but 'a
Judge is bound by. Law in a Court of Justice, and is
io know_ no party beyond the extent ,of a Suitor in
the Court. The- view that I have taker) of it, is
satisfactory, in some respeds, to me ;--satisfadory
to this purpose, that lam persuaded, without -any
mixture-of doubt, it is the interest of every man
who can have any interest in, this concern, mode-
rate, large, ni consicierable, in this case, to promote
as- much as possible, a system of general accommo-
dation, and to forth some. new .ariangement which
shall, take up the whole of this case as it now stands,
each looking • moderately. at his own interest, and
looking truly, because moderately, at his own inte-
rest, and then to make such a provision for its final

adjustment as the wisdom of the parties may devise;
so complicated a case,—l stated this on a former

Occasion, because it was my opinion then ; I repeat
it, becdtge it is my opinion now, con Armed by as
much reflation as I have been able to bestow upon
it, and I do this the rather because, in my view of
it, there are questions of Law, the disposal of which
must precede every consideration of &jolty, afrtft.

ing the:cases of almost all ,the parties in this most
complicated subjeit, the claims of the Performers
and the Tradesmen only 'excepted. I think it is the
interest of the Perfortners, and the 'interest of the:
Tradesmen, not to discuss, -in this place, the ques-•
tion of by-gone aTairs,.whetherthey have a. demand
on .the Trtist Funds, or only a personal demand on
thok to whom-the property belongs.--I say those to
whom the property belongs, and I use these words
in a sense which may embrace the eases of any of
the persons who have anTinterest to take by way of
property.
.I do not discuss that question now; but
I say it -is to their interest not to discuss that ques-
tion, in this place, under the.present circuinstances,
but I give no judgment upon that point.' If I were
to say now, that they have nonsuch a right, Ishould
dismiss them from this Court,. and send thein into
a situation where they must depend, entirely, on the
personal responsibility' ofindiyiduals. I hope that
nothing which 'passes from me, will have any-ill
effeta any where. I should be sorry to hurt the
claims of any class ,of men, and- the consequence
would be, it I were to say theyhaVe no right to
inforce the payment of their arrears out of the Funds
of the Theatre, that these Performers and Trades-
men would have to-depend entirely on the integrity
and prudence of those who are entitled to the prd-
petty, for On them they would, in that enr, have
only a personal claim. On the other band, if I
were to give my opinion (without saying now what
that opinion is likely to be), that they have a spe-
cific claim, it is obvious that great inconveniences
might thence arise,, and the future supplies of Trades.
men, avfwell as the future exertions of Performers,
would be entirely shut out by the present demands
drying up the fountain out of which.;tll.parties de-
rive their hopes of future advantage. The labour
of the Performers deserves great consideration in the
scale of merit, but -let me ask, any intelligent Per-
former, whether it be possible to look at the arrears
which have accumulated in this business for salaries,
B,:e. without seeing the effeet which the inforcing of
payment would . create, and, without questioning
whether, ,if they had the -right posterior re this
state of things, they have not forfeited that right,
by permitting an accumulation, the, discharge of
which At once must disappoint the hopes of all foture
interest -th is concern. If I were
.to 'say such is my
view of the.case, as it stands at present, that- the
Tradesmen and.the Performers may now inforce pay-
ment of all arrears at once,,not onifas against any in-
dividuali4 but* against the_ Trustees, Rent chargers,
and all altose who are interested in the funds of the
Theatre, and that they .could force a specific lien
on the whdle of the property, and that they were
now to call. on me to do so, they might as well call
on me to place a barrel of gunpowder under the
Theatre, ready for the match to be put to it when-
ever it should please any person to do so, for that
would be the effeet of enabling these 'persons to call
for their capital day by day, .to the amount of.. all
the arrears that are due to the Performers, and the
money due to Tradesmen—l think, the wise course
for all parties is, that these claimants should look
forward' to the liquidation of their demands by gra-
dual,payments.—This -seems to me to be the in-
terest of the Performers, and this may also havethe
area to which I have. before alluded,. that, of intro.
clueing a system of moderation and mutual sacrifsees,
in which it may- not only bo oon.idcrea what is due
to them in point of justice, but also what may
come, 'in some measure; due to them, morally speak.:
ing, in point of candour, as an. acknowledgment of
their moderation—l say the same thing Of trades_
.men : and here let me observe; that men who:live
by the application of an-honest skill in life, whose
labours are, in any opinion, not unimportant in the
society in which we live (I speak of Theatrical Per-
formers), are. entitled to our respcit and encourage-
ment.—They are employed in a way in which the
interests of the Public are as deeply engaged as any
other; for the Theatre must be either the school of
morality or of immorality—,we must, therefore, all of
us have a lively interest in, and. pay ;hie attention to
the Stage, for the doilrine there laid down, and the
morals there inculcated,, must either improve or in-
jure public morals.—The way to secure this point
in our favour is, to make the Stage comfortable to
those who tread it, that Virtue may there be exhi-
bited and held forth for imitation-1 think, there-
fore, it is of importance that the Performers should
be secured in the honest earnings of their labour,
.and that it is the interest of those who'are entitled
to the ultimate benefits of this concern, to conduit
themselves as libeplly. as . may be, towards those
who certainly are thOifeand-soulof it—l mean as
to what may be done in future,--I think it is the
interest of the Performers themselves, as well as
every body else, to be as moderate as they can be,
with respect to what is past.-1. have looked'to the
end of .this case in one point of view,. I
,will now
look at another part of it, without prejudice to the
question of, whether Mr. Grubb is a proprietor—
without prejudice to the question of, whether, if he
is not a proprietor, or whether he is a partner
with respeit to ultimate profits—without prejudice
to the question of, whether Mr. Richardson is a
proprietor ; in the outset I find, that those who are
to set the machine going, are the Tradesmen and.
the Performers on the one hand--on the other hand,
I place Mr. Sheridan. To him, I would recom-
mend to look at the situation of the thing as it is,
with that firmness which is the charaileristic of-that
independent charailer which he represents himself,
and truly represents himself for any thing that I
know, to possess. To him I say, I would iecont_
mend to look firmly at the *hole concern as it now
is ; and, I think, I am entitled to look to him with
this expeitation in this cause, for be is the person,-
who, in the opinion of those who had the disposal
of the concern- in their hands,. in whose talents and
charaCter were to be found those qualities which v.:;:re
fitted to make- this speculation thrive,—ls it to be-
expeited by any personS who stand interested in this
concern, that withoUt the assistance of some man of
talents deriving an interest from day to day, or
from week to week, or else from year to year, in.
the right management of such a concern as this, that
it can possibly go on to the advantage of those who
are entitled to the ultimate property ? I think no
such thing can be reasonably expeited.—lt is quite
a different thing to ask 'whether this can go on
without security, and to ask who the persons are
who shall give thatsecurity Thefirst is answered
immediately;. somesecurity.should be given for the
due payment of all the Tradesmen and rerfomers in

future ; but, before this concern ran prosper, it
must be under the care of those who not only will
execute a trust, but who can, and who. will exe-
cute it usefully, ands those who have that trust re-
posed in them, should be liberally provided for : it
cannot, be exile fed of me, in my situation, to
hint at any individual, but if there be'an Arbitra-.
tion resorted to, provision should be made, as I have
• no doubt will be made, for ..this am_ :mg .other pur-
poses,—l cannot do that 'which an aibitrator may,
for I am bound by rules of Law which an arbitrator
will not be bound by, in•the same.way, .. I cannot,
however, quit this part of. this case without .just
hinting at the value of diligence, and-the mischief.
which is produced by.?zegligensee7—l remember read-
ing, in-the Lives of 11.)i.Joluvn, in the conclusion
of one of them,- :he_says, " If he has inculcated a
certain lesson, he shall have gained his purpose,
whatever others may think—That negligence, and
irregularity, long continued, will niake knowledge
useless, 'and wit ridiculous."—l Itope I -do not go
• out of my province,. when I say I strongly recom-
mend that that negligence and irregularity ivhich,
With:regard' to every . thing like property, mark
this'case beyond any thing I ever heard of, in any
case-4 say negligence, Ido not wish to carry. the
fault further than negligence, should be from this
moment abandoned ; and if I prevail on others ac-
cording to my wishes in this resped, I shall have
accomplished one
,of the best objeds I have had in
view in the "whole of this proceeding. There can
be no use in reproaches on the- past—the only way
to remedy the evil of it, is to -observe prudence in
the future. I do not wish to speak too harshly of
irregularities—l cannot say I have never been guil-
ty of any myself ; but I hope I have not been.
guilty of many. This, however, I will venture
to say, no man can know the effed of his own ir-
regularity or negligence ; he may, without , the
least intention of evil himself, by his negligence
and irregularities, be the cause of crimes in others.
I am persuaded that many - a criminal ad has
been committed by those who have,been involved
in difficulties, by those who had no evil intention,.
but who had been irregular in their -dealings, and
•, negligent of their duty. I say then, to a negligent.
man, lei his intentions be what they may, he can.
not calculate the effect of his conthid. Without
saying mcireupon the 'subjett of negligence, I think.
it becomes, 'other parties thani Mr. Sheridan to re-
view -their conduet in' the transadions which have
been befnrous.ln a word, without 'going*to those.
who stand between the PerformerS'and the Trades-
men, and the ultimate-Proprietors, I know no one
individual conneeted with, any part of this concern,
who will not find it his.trne interest to look to-things
as they stand at present, and to think of-making due
provision for the Performers and Tradesmen in fu-
ture. The concern cannot- otherwise go on. 'I may
possibly see in the case, more difficulty-than belongs,
to it, tut unless 1 mistake it altogether, the true
interest of all Parties, in this ease will be consulted'
by referring the whole of it to Arbitration: Not
that I mean to giVe in to. an opinion that ques-
tions of Civil Rights are always best decided by
Arbitration. I think, in most .cases, otherwise,
and that they are_ not so well- decided in that way
as by Courts -of Justice, what ever 'praises may
have been bestowed upon domestic forums—but in
this particular case, which goes beyond every thing
Lever saw, 'or read, or heard of, in complication,
I think it should not be decided by a Court; nor
Shall I decide it, -unless I am fdrced to decide it.
If forced, however, I am ready. to decide it, yet
without any expeda tioti that I shall :liter my opinion,
I shall delaygiving it until the 17th of the next
month, and this I do under a hope that the parties
will; in' the mean time, agree to refer the cause,
-unless they -see that 1 am wrong in. the view which
I have taken 'of it-, I say then they will pursue a
course which is essential to their interest, if they
deliver me from pronouncing my jndgment.
I shall now, therefore, order that proceedings in
this Case be; suspended until the 27th of January
Soz ; and I order, that the Performers and Trades-
men Shall be paid their` current salaries and ex.:
pences, for performing in and supplying the Theatre
in the intermediate time between-this and the 17th
of January I 802.'
Mr. SH E RlDA.N.said, that every person interested
in the. Theatre was indebted to his Lordship for the
labour which he had- bestowed upon the subjed, and
the able and luminous arrangement in which he had
placed it. There was one circumstance, however, ,
which he begged leave to observe to his Lordship,
he thought that the prodtice arising frOm the sale
-of the private boxes had not been adually diVerted
from ilie trusts of the deed of 1793,.but had been
applied to the. payment of the Mortgagees who
where entitled to be paid under that deed, and to his
own great inconvenience, as the produce of thoSe
private boxes vas 'intended to be applied to the
purchase of scenery, &c. With resped to the
arfears, he-had, he said, called together, the Per-
formers, who did- not any,of them .object to the pro_
position he madelor liquidating their arrears as con-
,tained in the trust deed now in the hands of Mr. Adam.
He believed also that not one of the tradesmen
would objed to the same proposal, nor did he believe
that any of, the old or new Renters or Mortgagees
would throW any obstacle in the way. It was his '
wish that before the Court broke up the Arbitra_ •
t ion might. be settled.
Enwatin GRUB B wished that the terms of
the arbitration might first be settled,
Mr. ?icor, said there was at pres.ent upwards of
13061. in the hands of the Receiver.

The LORD CH ANC EL LOR direfted that with
that sum the arrears which had accrued during, the
time in whisk that SLIM had been received, should
be discharged, the overplus to remain in the hands of
the Receivers . •
Mr. StIERIDAY Ojai, he wished to understand, if
Mr. Grubb consented man arbitration.
Mr. AGAR said. a few words. relative to Mr.
Grubb.

The LORD CEIAIVCELLOR said, if Mr.. Grubb
consented to on arbitration, and the Arbitrator was
named, he would fix the question which the Arbi_
trator must dtcide.

Mr. Picur named Mr. Serjeant Palmer, who
agreed to undertake it.

The LORD CHANCELLOR Eird.; .the ArlYattator
must incinire, whether Mr. Grubb was a Proprietor
or a. Partner ; and if the latter, whether he had
done any at to forfeit his claim as such ; and also

what was fit to he done by all Part;e4,according td
,
the respeetive relations in which they stood to the
c9ncekn and to each other.

Mr. SPIGOT said, perhaps his Lordship' it•ould
have .the goodness to name a time for the Arbitiatar
•
to make his award:

_•. , ,
The LORD CHANCELLOR said 'lie would rather
•
hear on the r7th of January what had been done by
all parties, than fix any -time for tire award. His
Lordship direCted that the-Perforiners. and Trades-,
men should be regularly paid in the intervening
time, beiweeu that day and the i7th of January
the Treasurer to. pay them and send theii receipts tb.
the receiver.
.. ,

The further hearing_ is therefore postporied till
the i7th of January.