The Sun.
London, England, 1819-01-29 00:00:00

COMMON COUNCIL.

A Court -of Common •Council was yesterday,
held by the Loan MAYOR at Guildhall, on public
business, which was numerously attended.
Mr. S. DixoN made someobsercations respect,
ing the Petition to Parliament for a revision of
the Criminal Code ; and also .respecting the late
committal to Newgate, troll.' the Middlesex Ses-
sions, of the sixteen wretches who were taken nil
for an abominAble crime, whereby a great charge.
was impos'ed upon the City—upon which the
Loan MAYOR informed the Court of the proceed•
.
inks which had been taken by. the Gaol Commit-
tee of Aldermen therein.

The Mercers' Company presented a Petition for
the sale of property for the proposed extension of
St. Paul's Schoo4: which was referred for consi-
deration.

The Court agreed to present a Petitino to Par-
liament for the repeal, and against the exten-
sion of the Act for the relief of Insolvent Deb-
tors in Ecgland ; and the Sheriffs, attended by
the Retnembrancer, were directed to present the
same.

The Court also agreed to present a Petition to
Parlia►t►ent to prevent the inconveniences which
arise to the public and the fair trader, by the
practice of Mock Auctions.
Mr. Dtxos brought forward the Report of the
Special Committee appointed to inquire into the
nature, dutiei, and emoluments of the office of
Sword Bearer, which was read, and, after some
debate, the consideration was adjourned, and the
Report was ordered to ha printed.

LAW INTELLIGENCE.

COURT OF CHANCERY, JMJ. 28.

DRURY-LANE THEATRE.

COOK V. FOULKES AND ANOTHER, AND THE DRURY

LANE THEATRE COMPANY.

On a former day the SOLI6iTOR-GENERAL. had
applied to the Court for an injunction to restrain
.the defendant, Foulkes, from issuing under execu-
tion a judgment of 7001. for gOods delivered fOr
the use of the Theatre. Counsel .was then fully
heard on the part of the plaintiff.
Mr. 'WINGFIELD now appeared on the part of
the defendant Foulkes, and contended', that he
had a priority in the payments of his debts, be-
cause he had furnished the Theatre with those ne-
cessaries without which no performance could
have taken place.
The LORD CH ANCgLLOR asked whether Mr.
Foulkes had supplied hi's candles to the Theatre
upon a written contract ?
Mr. WINGFIELD believed that no written con-
tract had been entered into. The Drury-lane
Company had adMitted that it had contracted this
debt for what had been supplied to the Theatre.
The Solicitor on the part of the defendant in the
cause Said, that the gOods had been furnished in
consequence of written notes frotn Mr. Banks, the
Sub-treasurer, and the Sub-committee.
'Mr. WINGFIEILD.ThiS Committee was autho-
rised to contract these debts for the Theatre.
The LORD CHANCELLOR.—Ifany of the tradesmen
who furnished the Theatre with goods are standing
by,l will candidly tell them, that theyaregreat fools
if they make such contracts any more, and supply
goods without a better security. With respect
to the present defendant, he has obtained a judg-
ment in his favour.
Mr. WicriP.l.n continued.—The co`.— 'action
which the plaintiff put upon the Act of-Parlia-
ment under which the Theatre was last built; was
a most
,curious one, and according to it, the in-
!,tant the goods were placed in the hands of the
Theatre, they' could not he touched, and those
who supplied them were. to go unpaid, and be
contented,
,f-Ie was persuaded that his Lordship
would look very closely to the Act before he would
draw such a conclusion. It never would, he was
convinced, be decided by his Lordship, that these
individuals, who had in fact enabled the Theatre

to continence its public representations, should be
postponed to any simple contract debtors. It was
quite preposterous to say that ibe 'rent, taxes, Stc.
should be paid before the defendant, who had ac-
tually furnished the candles for the Theatre, with-
out which nothing could have been done. If this
were allowed, then the tradesinen who had sup-
plied the necessaries could be considered only in
the light of speculators.
The LORD CHANCELLOR.—If tradesmen will
wilfully run itvo (fifficulties' of this kind, it is their
own fault. If one creditor was allowed to go 'to
the Theatre and to take one thing, and another
another, it would become a complete " Comedy
of EirOrs.'•

ap. comedy—oot
risa d
eefsiolintri
ert
nehl.ey Thee-
tre,Ar.,liial.nl,LVl
Oa' tragedyl:Gp itthel4DlcoßrlLtLoi s
CHANCELLOR
their
own fault if theY act as tragedians. If be was
rascal enough tO Order a quantity of goods,
knowing that he should not be able to pay for
them,, and the
,tradesmen were fools enough to
furnish" them, they Must 'suffer for their folly.
Nothing was tO be done; It would be a rascally
act, but still there was no remedy. When trades-
men dealt with a Corporation, God must help
them, for he couldnot. " it is extremely difficult
for me to take Care of men when they will ncit take
care of themselves by using a proper caution.
Last.year a case came before me where a Thea-
' tie could not pay the salaries of the performers.
If a'Wbman dhoosesitn Sing where there iS no
Chance _of being paid for' it, she is a foul for so
doing, that is • ,
Mr, WIPIGFIELD argued, tnat unless it could be
sliOWn'that in ConiniOn justice the plaintiff ought
to be paid before Mr. Foulkes, and unless it ap-
peared that,there bad existed some unfair dealings
between the Parties, there was not a pretence for
pniipOnink.the defendant's claim.
Sir - ARTHUR Plaucert observed, that Mr.
Foulkes had been paid ready money for the goods
which he had latgly, furnished to the Theatre ;
this 7001. 'was an Old debt.
Mr. WINGFIELD submitted, that unless a case
Of-colhiSion between. 'the defendant and the The-
atre could be Made out; the plaintiff was not en-
titled !O file such a bill as had been put in. With
respect to the sum itself, it was very small ; and
he could not understand how this great national
establishment could possibly be ruined by the
payment,of 7001.
Mr. BARER followed on the same side. It
appeared that his Lordship was applied to by
nearly all the Theatres in London, to settle their
disputes. The affairs'of the Opera House, and of
prury•Jane Theatre, had already been under dis-
cussion ; and he believed that another great The-
atre would, beforelong, also apply to his Lord-
ship for advice.
The LORD CHANCELLOR asked what Theatre
that _was,
Mr. BARBER, as we understood, replied that he
was not now at liberty to disclose it.
The LORD CHANCELLOR.—Let me at least have
but one at once.

Mr. BARBER said, that the case of the defend-
ants,bad been compared to a comedy of errors.
He rather thought it would appear to he more
similar to a -hornet's nest. He went over the
various arguments which Mr. Wingfield had before
touched upon, and concluded with observing, that
he did not see the least equitable claim which the
plaintiff could have in this case.
The SOLICITOR-GENERAL shortly replied. The
defendants, he said, had entered into an engage-

ment with the. Drury-lane Company, with the Act

. -
of Parliament staring them in. the face; and if
they had not used due diligence, they had only to
thank their own negligence for it.
Sir AUTHUR PIGGOTT explained on the part of
the Theatre, that the Company was willing and
prepared to pay to the creditors 105. in the pound.
The amount of the whole debt was 34,000/., and

lie Company was ready to pay 17,0001. The de-
rendant would also be allowed the -whole of his

costs, because those expences were incurred be-
for; any offer was made of this' nature, Me

. nto
wished the defendant to give due cnugiderntro to
this offer. He was still, and would continneog
he,
considered as a tradesman belonging
Theatre. • toll
The LORD CHANCELLOR..--.Will the 141.°Prie
undertake that no goods shall be moved scolYibe
Sir A. PlGGOTT.—Undoubtedly they epil!`▪ obi
Theatre is now going on well. A Plccer,,,nell
under representation which succeeds ex""-
well. It is true, that there was a failure in.3l/10,
tomime, but that was a circumstance of cornr,
tive insignificance.
„nes OP
The LORD CHANCELLOR.—This case r 00
'frightful length. There is no doubt low
right

execution may•be-taken out, subject to the
of the new renters. This Theatre is now in.
cerns have been placed. I have been blame thug
and over again for delay in such cases; "c oft*
delay has enabled me to save hundreds of Per' foe
front ruin. No blame, at least, shall deter ii
from saying, that I will not decide this case 117
Monday morning.—(The Times.)
tuation in which many, many partnership.oo