The Sun.
London, England, 1836-01-23 00:00:00

WITH ENGLISH NOTES AND QUESTIONS.

ThueydiCles. A New Text. By Rev. S. Bloomfield. 3 vols. 275.
Herodotus. Containing the History of the Persian Wars. By
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ROMAN ANTIQUITIES, or an account of the
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the Rites and Customs to which they-refer.
By ALEXANDER ADAM, LL.D.,
Rector of the High School, Edinburgh.
The Twelfth Edition,
Corrected, Improved, and Enlarged.
By the Rev. J. R. MAJOR, M.A., M.R.S.L.
Head Master of King's College School, London.
* * This New Edition contains Notes and an Appendix, en-
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THE' NEW STRAND THEATRE.
Licensed pursuant to the 25th of George 11.
- With immediate Possession.

R. GEORGE ROBINS begs to announce to
13.1 the Theatrical World, that he has received directions to
submit to Unreserved sale, at his Auction Rooms, in Covent-
garden, on WtDNESDAY, Feb. 3, at Twelve;
That elegant, unique, and highly attractive place of Public
Amusement, the
NEW .STRAND THEATRE,

Licensed pursuant to the 25th of George 11. Extending through-
out the whole year, with immediate possession. It was built by
the present Proprietors, in 1832, at an outlay of about 5,0001.,
and universally allowed to be for its size one of
THE MOST COMPLETE THEATRES IN THE

METROPOLIS :
Consisting of a Dress Circle of Boxes, lately divided into Ten Pri-
vate Boxes, after the manner of the Italian Theatres, and an
Upper Circle, capable of accommodating nearly 200 Spectators,
together with Twelve excellent spacious and commodious Family
Boxes, (subject as to two to the security mentioned below,)
adapted for the reception -of parties -of six persons each, aid
replete with every convenience and accommodation—
ALTOGETHER TWENTY-TWO PRIVATE ROXES,
Which will challenge a comparison with those of the larger
theatres. A Refreshment Saloon of the most nouvelle construc-
tion, fitted up to represent an
EASTERN PAVILION,

Through the columns of which, beautiful Views of the Surrounding
Couniry are perceptible.
A MOST CAPACIOUS AND COMFORTABLE PIT,
Containing sitting room for upwards of 500 Auditors, with Pit
Saloon, Refreshment. Comptoir, and other conveniences attached.
An extensive and efficient Stock of Scenery, will be found upon
the Stage, which is considerably
Wider than those of the Adclphi and Olympic,
Whilst the peculiarity of its construction, (there being sufficient
depth to sink an entire Sceate,) admits of the production of those
striking effects, and -
INVISIBLE CHANGES OF SCENERY

Which have long formed so admirable a feature at the
ACADEMIE ROYALE IN PARIS.
The whole of the Interior, as well as the Saloons, Corridors,

Entrances, &c., are
BRILLIANTLY LIGHTED WITH GAS,
Which is regulated by.a most improved and excellent apparatus,
attached to the Prompter's Seat—the Area of the Dress circle,
being Illuminated by Six Splendid Cut. Glass Lustres. The
Dressing Rooms, Green Room, Treasury, &c.; are complete,
and the Theatre may boast of possessing one of the
BEST PAINTING ROOMS IN LONDON,
With all the necessary conveniences for the production of several
Scenes simultaneously.
THE DECORATIONS ARE IN THE FIRST STYLE OF
ELEGANCE,

And have been executed by the most Talented Artists of the day ;
in fact, viewing the comfort, compactness, and capabilities of this
Establishment, its skilful internal arrangement, which commands
a perfect view of the Stage from every part—the absence of a
Gallery and its noisy concomitants—its convenient size—en-
suring those two desiderata, " HEARING and SEEING," it

is no exaggeration to assert that
THE THEATRE IS A PERFECT BIJOU.
The Situation of this House is acknowledged to be the Best in
London, and the fact has been abundantly proved by the im-
mense Half Prices which have distinguished it during the
Seasons it has been open ; nor is this a matter of surprise when
we consider the Stream of Population which may be observed
setting Westward from the City at that period of the Evening,
and that this Theatre is the first place of Amusement which
holds forth a magnet of attraction on the Route.
With all these important and valuable advantag.es it is presumed
A TALENTED AND ENTERPRISING MANAGER

Must meet with decided Success.

There are also a Dwelling house awl capacious Business Premises
attached to the. Property situate in Surrey-street, Strand, which
are let off at 701. per Annum.
The lowest sum for which the Theatre has ever been let for
Dramatic Performances, has been
A YEARLY' RENT ' OF £1,092,
Being Twenty Guineas Per Week. •
It is almost superfluous to point out the great variety of purposes,
besides those of a Theatrical nature, for which these desirable
Premises are available—
For CONCERTS, 0 RATORIOS;MASQUERADES, FANCY
BALLS, LECTURES, EXHIBITIONS, PUBLIC MEET-
INGS, &c.: . .
Undeniable advantages are offered by this Property, whilst from it

vast capabilities and commanding: situation it presents to the
SKILFUL AND INGENIOUS .PROJECTOR
One of those golden opportunities which so very rarely occur.
May be viewed until the gale; and Particulars had, of Mr. Evans,
Solicitor, No. 2, Gray's-inn-square ; Mr. Galbreath, Solicitor,
No• 9, South-iquare, .gray's Inn;, and at Alr.-George. Robini's
Offices, Covent Garden. . •

A Goon SoN.-LRichard Rayner was ssnininoned
before the magistrates at Wakefield, on Monday, by the
overseersof Stanley, to show cause why lie should not pay
something. towards the support of his mother. It was
stated that he was
.enployed at the cement Works in kirk-
gate, earned 245. per week, and that it was reported he had
3001.• out at interest. He:denied this statement. An'order
was made upon him for the payment of two shillings per
week.—York Courant.

very- sudden death occurred at Mosbro, near
Eekington, on Saturday last. Mr. William Baxter, who.
has retired from business, and resides in Sheffield, walked,
over from that place in the morning of the above day, in
company. with his son, and having fulfilled the object of
their journey, they set out in the afternoon on their return
limed They had: not,. however, proceeded more than a
mite from the Nqw Inn, before Mr.. Baxter complained of
being ill, and in a few minutes after be added, !! I can't see
anything," when, falling ipto.his Arrns,..he instantly
expired.H-Pc):AY

This bill was • filed to enforce specific performance of a
contract for a partnership in the Surrey Theatre, and an
account of the profits since 18.31, and it prayed in the alter-
native a dissolution of the partnership. The merits of the
case were not very accurately disclosed, as the matter was
decided upon a preliminary point of law ; but the outline of
the facts was, that Osbaldiston, the defendant, who is the
present lessee of Coiient-garden, about 1831 purchased an
unexpired lease of the •Stirret Theatre from the son and
personal representative of the late Mr. Elliston, the actor,
who had been the proprietor of that theatre. ShOttly, af-
terwards a negotiation, principally by letters, commenced
between the plaintiff and Osbaldiston through the inverven-
tion of Mr. Williams, a performer at the Surrey Theatre,
for a partnership in the concern, and a draft of the articles
of agreement was ultimately prepared by Mr. Tyas, the
solicitor of the defendant. In this state of the transaction
the plaintiff was prevailed on to advance a large sum of
Imoney, of which a sum exceeding 8001. was still due to
Min, to enable Osbaldiston, who stipulated to have the con-
dtiet of the theatre, to carry' on the performances. The
terms d agreement it 'lO S alleged were fully made out by
the correspondence and the draft articles.
Sir W. HORNE understood z.:;.s Learned Friends on. the
other side meant to take a legal objection to a claiar which,
t
in itself, was clear, fair, and honest, understood he
legal objection rested upon this ground, that defendant be-
ing, in the language of the law, a rogue and a vagabond,
had in that enviable character got up certain performances
at the Surrey Theatre, which were prohibited by law, and
in respect to which any contract was illegal.
Mr. KNIGHT, for the defendants, considered the case
made by his client's answer justified him in taking every ob-
jection he could to the plaintiff's demand. This case had
been already before his Honour upon demurrer, when the
Court refused to take judicial cognizance of the limits of
Westminster. The locality of the theatre was now in proof.
Ile was, therefore, now in a situation to maintain his ob-
jection, which was simply this :—That all the dramatic
performances usually exhibited at this theatre, which, in the
language of poetry was designated the Circus once, but
now the Surrey," were illegal, and that the plaintiff was
not entitled to relief under an illegal contraci for participa-
tion in the profits of the offence. The Learned Counsel
then proceeded to state the 10th of Geo. 11. c. 28. The
more recent case of the King v. Glossop, respecting the
Coburg Theatre, recognised the same doctrine that no
action at law arising out of a theatrical contract could be
maintained where the performances were illegal. The na-
ture of the performances at the theatre was also in evidence.
Sir WILLIAst HotNE would refrain from making any
comments on the honesty and honour of the defence. A
party had a right in law to make it; and to take advantage
of it, if he could succeed. The Learned Council then pro-
ceeded to notice the awful and mysterious language with
which the 10th of George 11., c. 28, was introduced. It
commenced with reciting the 12th of Anne, the title of
which ran thus An Act for reducing the laws relating
to rogues, vagabonds, sturdy beggars, and vagrants, into
one Act of Parliament, and for, the more effectually pun-
ishing such rogues, vagabonds, sturdy beggars, and vagrants,
and sending them whither they ought to be sent."—(A
laugh.) The Learned Counsel congratulated his Learned
opponents that their client, by force of the recent Act of
Parliament referred to by His Honour, was no longer a
rogue and vagabond, though they maintained and insisted
on his behalf he was a dealer in illegal commodities, and
then they endeavoured to subject his client to the same im-
putation. If Mr. Osbaldiston was liable to forfeiture, he
was not, so liable by.reason of any act of tare plaintiff, and
he ought not to be suffered now to turn his guili, to account
by using it for the purpose of enabling him to escape, from
the just demands of the plaintiff. There was a license from
the Magistrates which all parties at the time presumed to
be sufficient ; and there never had been a conviction against
this theatre.

Mr. STUART followed on the same side, and cited a num-
ber of cases applicable to this subject, and asked the Court
whether it would take judicial notice as to what was the
legitimate drama ; whether, for instance, the comedy of
The Jealous Wife, or the farce of What Next? would be
considered by the Court as part of the legitimate drama.
The Learned Counsel argued that the entertainments at
the Surrey Theatre did not violate the law, and that they
came within the terms of the license, which authorised
music and dancing, and amusements of the like kind.
The VICE-CHANCELLOR asked, did Mr. Stuart mean to
say that the Ghost of Hamlet dances and sings on the stage
at the Surrey. Theatre.—(A laugh.)
Mr. KNIGHT supposed that while the Ghost was on the
stage, a fiddle was played in a subdued tone, in order that
the play might be considered a musical entertainment.
The VICE-CHANCELLOR said the Case struck him in this
way—that the Surrey Theatre is without the city. and
liberties of 'Westminster, and not within the privileges of
a Royal residence, and was a theatre which, as the law stood,
could not be licensed for dramatic representations in the
common sense of the words, such as the plays of .Hamlet,
Richard the Third, or Othello, in the common notion of
acting tragedy—of course he did not advert to any such
supposed trifling alteration in the known character of the
performances as having a jinglinc, fiddle simmering all the
time—a miserable kind of subdued music--or things of
that sort, with a view of bringing the performance within
the terms of the license. He owned if it came out that
there was such subdued music, it ought to be treated as a
most miserable trick, and the substantial question to be con-
sidered would be the performance of tragedy. However,
there was no evidence in this case of music having been
used which was to alter the whole character.of the repre-
sentations. He could not see, as no legal partnership had
been constituted, that there was any partnership- which
could either be carried on or dis Solved. He could not dis-
solve that which, in point of law, never had a legal exis-
tence. All he could do was to dismiss the bill, but he
would reserve the consideration of costs, as this kind of de-
fence was not entitled to favour.

KING'S BENCH.-FRIDAY.