The Sun.
London, England, 1801-11-11 00:00:00

Mr. FONBLANQUE followed on the same side.

The SOLICITOR GENERAL addressed the Court
on 'behalf of Mr. Sheridan, and moved, that the
`order of the I ith June should he discharged.. He
proceeded to .state, that, Mr. Sheridan had never
objefted to Messrs. Ford and Hammersley receiving
451• out of the.monies taken at the Pit doors, for
.the" purpose of paying. the Renters', shares, or to
their receiving the:remainder of those mopies until
t. 14 debt due to them was liquidated, but only.con-
tended against 'Messrs. Ford and HamMersley con-
tinuing to receive the whole. of those monies under
the doubtful letter of an order, when no objeEt was
held out,to which the sums so received, after de-
dutling the 451., were to be applied.
The Lotto.c.:ll ANC E LLott said, he, could not see
what object Messrs. Ford and, Hammersley had in
view in insisting
.to demand the monies of . the
Theatre, after a sum was obtained sufficient to,pay
the Renters. If any thing was undertaken by the
Trust Peed of 1793, it was, the payment of the
Performers,. and he-did not see how, any body could'
hold the. monies arising .from the Theatre against
the demands of the PerformerL

MANSFIELD said, the Trust De
ea only se-
lated to the possession of the Theatre.
The LORD ,CHANCELLOR said, the Trust Deed'
appeared to him to apply to the regulation of Ithe
concerns of the Theatre, and ,he thought no one
could take the monies until the Performers were
paid. It might be a question whether the Manager
of a Theatre was not to be considered as the Agent
for all Parties, and personally responsible.
The SOLICITOR GENERAL proceeded.---The
whOle . receipts of the Proprietors of the Theatre
during, the present season, for their own private
purposes, had been, he said, only, zcol. which they
had not only paid back, but also 7601.' more, raised
by themselves. There could not be a doubt that
the Proprietors ought to have the means of satis-
fying the . nightly and weekly demands of the Per-
formers, and the immediate wants of the Theatre..
The motion that had been made on the part of
Messrs.. Ford and Hammersley Went to lock up the
grealest part of t`he receipts of the Theatre, to
take it out of the'hands of the Proprietors, and not
only to take away from them all the means Of con-
tr6til over the concerns of the Theatre, but to pre-
clude them from the possibility of at alt carrying
On the business of the Theatre; and if the order of
the i rth June was enforced, the Theatre could not
go on: That the object of Messrs-. Ford and Ham-
inersley's application to the Court, was completely
inimical to the inte6.sts 'of the Renters, Was evi-
dent. The Renters were intitred to- is. 6d. for
every night of performance; brit only for those
nights on • which any performance took plate i't
was therefbre clear, that if the monies of the Thea-
tre were taken awayi the Proprietors' ratidered un.
able to pay theriecessary 'expenees of the Theatre,'
arid its Exclieqiiet slint up, that no performance
could take place, and. the interest of the Renters
most be Conipletely defeated: MesSrs. Ford and
Hamniersley. were in the undisputed nightly receipt
of 451. from. the Pit, and from the .Boxes, mak-
ing together WhiCh arnourited, iii the course
of the Season, taking it at lod, nights, to the -86111
of 2,6001., Whilst they Were not called, upon to
pay: the- Renters until some time after the terniina_
tioh or the Season. Yet not contented with this, they
wanted ro,oool. r_z,ociol. mote, without being
able to state any purpose whatever which could
justify such a claim, or skew any obje& to which
the Money was to be applied: He therefore hoped
the 'Court cyanid allow the ordet to be dischaiged.

Mr. Pi cor.addressed .the Court on the same side.
He- stated, that there were 300 Rent Charges upon
the Theatre, at zs.'6d. per night each, amounting
to 371. tos. per night,' and that -Mr. Sheridan had
consented that Messrs: Ford and Hammersleyshould
receiie jl. toS. in .addition to that sum, for in-
.iurance and -contingencies, making- in the whole
:4.51. per night, which Messrs. Ford 'and Hainther-
Sky had constantly received. Supposing the lie-
,ceipts..of .the Pit to average one hundred pounds per
night, it would anaount.ito twenty thousand pounds

„,

• in the season, -hialtta ; the sutr taken tiy
Messrs.'Ford and -liammersle.y out Of this, at a. 51.
-per night, 'amounted to 9,0001. and they now wanted
to take the remaining I r,oool. and sweep away, as'
it were, the, whole property.
The LORD CHANCELLOR asked who were the
Propriettirs of the .Theatre on the hth of March
ISot..
Mr. PICOT said, Messrs. Sheridan, Richardsop, .
and Grubb.
. Mr. MANSFIELD denied this, and said, he he-
lieved Mr. Sheridan to have been at that period:the
only Proprietor, because Mr. Sheridan had, in his
Answer to the Bill filed in that Court, not stated any
other person fo'be Proprietof beside himself.
Mr. PtOcer said, it bad not been.atternpted tb be
controverted that 'Mr. Richardsoo.and Mr. Grubb
were-Proprietors" of the Tlie4:txe-•-;' -The surpliii Of
the monies, after paying rent and .arrears Were, it ap-
peared by the construction of the order, to be sub_
jed to the order of the-Court,. but was' he to be
told; that in consequence of this, Mr. Sheridan
could pay.the Performers ? If the Performers were
not paid, the Theatre must Out i—and would any '
one say,'-that Mr. Sheridan could touch a single
shilling of the 11,0901. which would be thtis locked
.up in the hands of the Bankers ? The Motion made
on behalf of Messrs. Ford and Hamniersley was; he :
Said, unexampled. ss
The' LORD CHANCELLOR- wished to know how
somepart.of the monies received by Messrs. Ford'
and HammersleY, exclusive of the 451. was to be
applied.
Mr. PiGor said, there was rol. for the Duke of '
Bedford's Rent ; 31. for 6001. advanced ; and 471.
'IOS. for the il. Renters' Shares.
The LORD 'CHANCELLOR. said, he had expe-
rienced with reaped to the Opera House, and other
places of that deseriptiOn, that 'it was impossible ad.
make all the Persons interested Parties. That
Court was inc6mpetent to manage
,a Theatre; it
could only make an order: to: regulate the interests
of all parties,So far as known. It appeared by the
correspondence between- Mr. Sheridan and Mr. ,
Troward, that the former had given his consent to
an order which should'make provision for the pay
ment of the Renters' Shares, and of the surplus to
himself. Mr. Sheridan had afterwards construed the
Order according to this intent, in the way in which he
himself, or any other person; would have construed it,
according to the principles of justice and equity.—
It was perfectly just that there should bean accumu-
lating 'Fund to answer the demands of the Rent
ehargers,and the several sums of 101. 471. cos. and
31. before alhided .to. But when a sufficient sum was
accumulated to answer these demands, it became a
very important consideration that the whole monies
of the Theatre should become a dead fund, produc-
tive to no one except Messrs. Ford and Hammersley,
and whether accumulations should cease 'when-
,enough-was.obtained ts.3:cover-the demands, or con-
tinue for the benefit of. persons interested.- -
Mr. PICOT proceeded. If the Order was• --confirm-
ed it' Would,' be said, he the most serious injOry to
the Rent Chargers. It was well known that in the
early part of the season, the Theatre was-not pro-
dudiver on account of many-families being absent
frOrd town, If Messrs. Ford and Hammersley
could not
.then make ifp'the.suffiS they were entitled
to receive, they must have the monies till the defi-
ciency' was covered; but was it to be said, they
Were to lock up all the monies .of the Theatre in
their shop till the end of the season ? 'The Per-
formers and persons employed in the Theatre, could
riot wait till that time, and if the Performers were
not paid the Theatre must shut : it was impossible •
tocarey.on: trade with Out materials. The interest
of all Parties concerned in the -Theatre must be by
such a. measure defeated or injured, and it was surely •
impossible such a Motion could be granted.
Mr. STANLEY followed on the•same side. •
Mr. AGAR offered himself on behalf of Mr.
'Grubb.
The LORD CHANCELLOR said, 'he did not see
how Mr. Grubb was individually afFefted.
Mr. AOAR said, by the trust deed of June 1793,
he appeared as the Proprietor of one-seventh of the
property of the Theatre, and it was stated by that
deed, that Mr. Grubb was appointed .Treasurer of .
the Theatre. He idas proCeeding to read somepar'ts
of the deed when
The LORD CHANCELLOR said, ate had read
through the trust-deed of June 1793, and he was
perfettly clear, that under that deed the Performers
, must be paid, and that the Bankers could not hold
the monies of the Theatre against the demands of
the Performers. It was distirial 'stated in that
deed, that the profits were to be applied' to such
and such purposes; add what could be deemed the
profits but that surplus;' after paying the PerfOrmers
and the other•outgoings -of. the Theatre.?' He ap-
prehended this surplus only .could .be deemed the
profits, and it was but common justice to pay the
' wages of the-Adorse It might become a question
whether the Rent Charges did not cloathe those who
held them with the eharadetof -Trustees, but. who-
ever atted under the titist-deed must at according
to its provisions..
Mr, BHERIDAN rose and addressed the court.
'He always Understood, he said, that under the
Trust Deed. of June 093, the Performers we're to
be paid in the first instancet;. and he wOulrl not' sign-
or consent to the Order, until wards were expressly
inserted-that it should be without' prejudiee to that
Deed. • The Trustees had agreed.for the building
of 'the, Theatre for 75,9001. and: Mr. Holland
stood pledged to finish it for that sum. Thai bum,
however, was spent, and the Theatre was not corn,
pleted in any of its ,parts, but required the sum of
ro,oool. more to fit it for_Represeotatioti. It was
a qUestion-whether he was bound to pay that stain; he
contended nor, as he had given ,no orders ;whatever
relative to the building of the theatre., The Deed
which had, called himself, Mr:Richardzion, 'and Mr.
• Grubb,sole proprietors of the Theatre, had declared.a n
titter falsehood, Messrs. Grubb and Richardson
.oniy
deriving certain' rights,from himself... He was told,
however, they .should.be so stiled; but the Solicitor
for the Bankers, after he (Mr. Sheridan) had, signed
the deed, drewnp a MemorandUm, which was exe-
cuted, expressly declaring, that nothing ire the' deed
should be copstrued.to invalidate the. exclusive pro-
' perty of himself (Mr. Sheridan) in that Theatre„Sinee.
that, Mr. Richardson had become an atluarPrOprietor,
having purchased quarter of the Theatte., The

sti

Theatre could hot stand, said, .ppainst.'ttie ex-7.
• r• ••F pences'cansed y 'Gentlemen coming -Ma) .....Otir4 tr.
SO many cliff:se: characters: In his, Letter to Mr;
Troward, he ha i, he said, censented:to MesSrs.lFor4
and Hammersley raking, the whole of the'Pit -Money
until the Arrears :due to them were paid, and then that
they should rake 4.51. per night for the payment of the
Renters' Shares. was not bound. to. then.
more than 401. itzt rather than there should be the
'remotest prosper
tof the Renters suiteririg: by con.
,
-th.rgencies, he. l: Lt agreed' tO make it 4-5:: Rut it
could rpt,thr.a / oment b cOnceivcd, tf.4't hfshould
consent. to a 'Ft t'posal which wept to locl&ttp, 'the
whole receipts If the Pit, and prevent ih,.!rn from'
being, applied tc Its the purposes of the Theatre until
rue end of the s eason. He_ was not obliged to open
etheTheatre. It t;;;is clearly the ipteresrot the Renters
that the Perfori t'ulces should go on-.-7--but Low could
they go on 'w'.,thout money-. Mr.. Troivard pro_
posed the aide r to him, and recommended him to.
consent-to it. He had coris.ehted to it. .The Order
so far stood agilirist him, and if persisted in must
-cauk the shutting up of :he Theatre. 'But how had
he- consented to it.? He had consented -to an Order
founded upon those circumstances which be had
fore staled.. He did not Understand exaetly the
grzitntnat ical corfstruftion of the Order ; all he .un-
derstooCi wits, that Messrs.. Ford 'and Harnmersley
were entitled-to no more than 451. on; of the -Pit
Money.. He was afterw,nds told that the.. Order
was torched in:a way which did-not exaajy suit his
meaning',; still, however, he was given fo tinder:.
stand, that the %vording of- it was of little conse.,
quenee, lisits'scope and. tendency were perfeetly un:.
derstood. . It was. found, at length, that the
Order was to he strictly acted upon according
to its Letter; and that direftions were given by
the' Bankers for enforcing Richardson
in his absence had given contrary dircftions ; ttnd
he could not say that Mr. Richardson was to blame,
becaiDe the:Theatre could otherwise not have gone
On. ~,'Messrs. Ford and Hammersley had. now, how..
ever, served a second notice, and appeared deter.
mined to seize the whole of the Pit Money under
the aUthority of the . letter of the Order, .but cen.
tainly .con:rary. to its spirit. He' apologized .for
troubling the Court, but he wished for relief front
the effe& of an Order into which he had been en..

trapped, acid That the Trust Deed of s 793 might bc
executed in all its provisions without any restric-
tion.

Mr. .AoAit ryas then heard, in behalf of MG
Grubb.

The LORD CiskkcE,LLoit said, it was of little
.consequence whether iVlessrs: Richnrdsoband Grubb
held derivative or adual rights in the property of
the Theatre', prodded they were so 'far 'interested
as to he/parties to this order. •

Mr. MANSFISDD offered hiMself in reply.
The LORD CHANCELLOR said, he was sorry he
could not hear Mr. MANSP“ILD in reply, but he
was Compelled to be else Whereat two o'clock. He
hoped the concerns of the• Theatre would not coffer
by a few hours delay. . The order having been Made
brconsent, certainly ought to have been entirely ap-
proved'And'reiidered perfealy consistent with 'the in.. •
terests of all Parties•. it had struck him very strongly
that the Performers had not only a moral but a cove_
nanted right to be paid, nor could there be any pro_
fits until the PcrforMerS were paid. lie saw many
Gentlemen before him who he was convinced would
settle this business as well as it could possibly be
done by the COurt, because they would a6t upon the
prinCiples of Justice, which was all that would 'be
requisire. He wis'afraid, it was iniposiible the in-
terests.of theTheatre could be settled in that Court
before they were ruined. He had found from long
experience, that that Cou'rt could not, in cases like
the present,do-that ample justice to all parties which
;was necessary .and requisite.
The further hearing Was then postponed till to.
morrow,

CC)URT KING's BENCH, TUESDAY, Nov. zo.

KINQ AND OTHERS V. WEBB.

Mr. MINGAY moved for a Rule to shew Cause
why the Defendant should not he discharged 'out
of cast Ody-, on filing'Common Bail in this Case. He
moved it on the deed of the Affidavit op which the
.Defendant Was held to Bail. The Defendant was,
lie believed an Usher 'at a School, or something of
than. Sort. The Affidavit on which the Defendant,
whose name was Thomas Webb, had been arrested,
appeared to have bed: Made by a person who stated
hiniself to be the Clerk of the Plaintiffs John King,
Geo:'Rochforcl, P.nd Geo-. Rogers, [as we caught
the 'names, but of whiCh we are not sure, being con..
fident only, We , heard the name of, John King, as
the first in this Firm]; This Mr. MINGAY stated,
was a Firm of
.a flanking-house, : Which, had been
lately opened about Portland-place. He moved this,
as he had said Already,. Upon •the defea which ap—
peared in the Affidavit on which' this Defendant
was held to Bail. It stated that, he was indebted
to the Above Plaintiffs in the sum of One Hundred
and Ten, without adding the word -" Pounds,"', or
any other word. It was, indeed, not difficult to,
conjeaure that the Affidavit must mean "Pounds,"
but he apprehended frorn this omission, 'the Defend.
ant was entitled tO be discharged, and he hoped the
Colin. Would be of opinion that Common Bail would
be satisfatabry to this respeaable Bankin..house.
Rale 'to `shew C'auSe granted:

THF. KING V. FORGE AND. OTHERS.

tvlr.•EasKiixt stated, that this was an Informa.
tion filed by the late Attorney General, against
Forge,- Stevenson, and. another, for aconspiracy to'
keep out.. of the way,. and prevailing on
,a Witness
-who had been duly summoned by the Commissioners
of the Excise Office, to abstain from giving his
evidence before them, on an Information duly ex..
hibited to therri,..Sce. .of which the Defendants lead
been conviaid before Lord K.ENYOn and a Special
Jury, in Guildhall, London, at the Sittings after the
last Term. He now moved that this Verdid be
set aside, on the ground that the Summons. by which
the Witness, whose absence the Defendants had
conspired to occasion, and had caused, was, not a
le l SUMinons, under the autharity of the Mt of
Parliinaent of Ith snci Bth. of King William, cap. 3,
sec. 4.. by which alone the Commissioritri had
power to
sUrnitiOriTi-urWitieis, is that

p,
.4

1.7 c.

ummons was not signed by the Commissioners of
tike.Excise, but was printed in the naine.. of Mr.
Mayo, their Solicitor. Mr. Milo was a perreetly
c•espeCtabfr man, but that did not make this Sum-
mons legal,
.nor indeed'could any thing makc it so.
His Loitiship was strongly of this opinion at the
:ilia!, Mr. F.)tsKINE said, and saved this point,
`tinder the authority of which he ;loved it. He Wad
Soul: other objedions in arrest of judgment, but it
;r.c:"onia-I.)::..time.eriongli to offer tihtm in the event of
this licin over-ruled, of which,, at presor, he
enterta.'irie4 06 idea.

. •
Lotd KENYON said, Mr. ERsUINE had stated
abundantly sufficient to have a Rule to shew Cause.
ERSKINE 'observed, -that as. to Forge, he
was not in Court, and therefore, the Motion could
not be made applicable -to him, he,extended it only
'to Mr. Stevenson, and another Defendant who did
appear.
The ATTORNEY GENERAL consented that the
Defendants should be per►tiitted to go.ai large upon
their own recognizance ; the humanity taf which,
Lord KENYON observed, the Detendants Ought to
receive with gratitude. . They were accordingly
bound over in their ow n•recogluzance, to appear, sn
Court whenever thereto required.
Several Motion's were made, and Rules obtained,
to chew' Cause. why there ihould not be new Tjials
had, some of Which will be interesting jn d tails
whe►i the- season arrives for that purpose, which will
be when they are disposed of, after Cause bbalrha,ve
been shev4n upon them. .