The Sun.
London, England, 1815-12-12 00:00:00

LAW IN I'E'LLIG-'3NCE.

•CO(TRT OF CIIANCZRY, 13E!q.4 tt..
OpFRA-110USE.-TAILOR V. 'WATERS.

HART, as counsel for Mr. Waters, mode an
t, the Court, praying that an order
might be obtained for referring to the Master, to
take the account of certain expellees incurred in
-improving the Opera-house, in providing dressing-
Tooms, &e. and for authorising:the same to he
paid out of the income of
_the establishment. A
petition bad latetf beets presented, praying that
bit% Waters might he restrained from interfering
with the money concerns of this,.Tlieatre, and
that a tliffoTnt Receiver or TreastifTetwshould be
appointed. He had now no balance in his hands,
and there .v.as. none 'paid to the bankers. lie
therefore prayed, that the aceonotit- of expences
.alloke,uttltioned :should. be examined by the
Master, that they might he defrayed out _of the .
annual profits, and that 4c might ,he freed, from_.
any: fatther responsibility regarding-.
The k,eatned Counsel brought this —motion
,be-
fortr the Court so early,-that he might have
an opportunity of corlecting a misappt
tion had gone abroad, from some expre,s,-
.sions said to have been employed by Sir S. Rp-
milk, when the affairs of the Opera-hoz:se were
1at.,..! the subject- of discussion. 'The object of
"Sir Saniuei's petition' was then said to be to r;-
move Mr. Waters, not only trolls being treasurer
and receiver for this establishment, but from the
'soft:ice of manager. Serious inconveniencies might
result from a report of this kind, at the present
suoment. when the. manager was employed in en-
gaging performers for the ensuing season: He
could not enter into or conclude engagements
npon advantageous terms under an anticipated".
ejectment from office, which would'render all en-
-gagements either in?ffeetive.or in-secure.
Sir S. Romit.ix stated, that his motion on a
hornier occasion went merely tO:tOsnain Mr. Wa..
ters froin receiving the -money-Clinobted at the
-floors, or. for the boxes of.the Oirefa`•liouse; or
from his allowing Mr. Bromley to do so; and
that a reference might be made to the naster to
appoint a receiver.
The LoaD CH,INCELLott said,.•that both Mr.
.I"Py4or and Mr. Waters must act nevi:pi-ding to the
-deeds. The expenditure for /he wardrobe might
be necetsarv, but its necessity Nva.s a circumstance
which, in hiS judicial capacity, his-Lordship could
not o,ink of taking upon him to determine.
If
Mr. Waters was 'authorised by thF.,446eds to do so,
lie was right in making rooms.. the performers
do dres in of any splendour that might suit his
.uwo fancy, or their expectations but lie yeas nor
entitled to expend money contrary to the autho7
tity under which -he acted, whateVer•neeesSity or
advantage he might plead foc l4is conduct: -His
Lordship thought the affairs of the Theatre; And
the difference between:the parties; -wojad;ha.v't
been refertid to arbitratois.-

COURT OF KING'S BEX: H, Dtc.

HAYES V. COX;

This was an action brought- by a Gentleman of
fartuue, residing at Bromley in Kent, to recover
from the-defendant, who is a tradesman riving. in
Emith-street, Cierkenweil, the value of a horse
which was killed in Consequence of .the defend Pint
baying dr-ven the -shaft of his gig into its side.--
appeared hoin the testimony of Patrick Bien-
Dan, wlt'o isi!:irdetter,to plaintitl-7;,thNt. on
day of the accident he ‘oas sent. to 14OncIon to Con-,
duc,t the horse in rinestiiin hone to •8r0m4,1; that
-baying received it front the; li,s:er),-,sttahle-keeper,
e was on his return home abont nine o'clock' in
h
the evening, and had reached- within thirty
yards of • the, Canal 'New-Cross, - on
the 'Deptford road; beingrtodiii-liis.''right. ,side,
when the tlefendaut drove get!til'onsly againqt
the animal and unhorsed the witness, upon
which wit-,ess. seized defendant's horse by .the
head?, and. would not rrmit him to'go on until he
obt:iined his address. The defeffilairt then
panied him Co a harness-maker's shop-on the).x)ati,
and wrote down his addre-Ss_ as Mr. 'Green, of De-
yonshirestreet,Qtteen-squaro. 'A gentleman who
Was present, and had witnessed The whole trans,
action, 'conceiving this to be a false address, ad-
visen the witness to follow tb.e gig into Loudon,
for 41e, purpose of satisiying:ll-IsMtsubts. This ad-
tice took. , after plating the horse under
proper care, and. pursued the defetrdant to toWn
on foot. Instead of driving:to Devonshire-street,
Q4ieen-4quare, he drove to Stnitiistmet, Clerked-
well, where it finally appeared he resided.
These facts ..being. proved, a verdict was,-found
for the plaintiff.—Damages 40 guineas..,