The Sun.
London, England, 1829-12-01 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

VICE-CHANCELLOR'S COURT.

YEMBLE V. xsAN.
The Court was crowded at the sitting of his Hosiotirtil,
theatrical amateurs and performers, anxious to hear the
motion for the dissolution of the injunction, restrainieg
Mr. Kean from performing at Drury-lane Theatre. 0i
Mr. KNIGHT stated that with the kind permission
the Court he was to move, on behalf of the defendant,
Air. Kean, for the dissolution of the injunction granted eil
Saturday by the Lord Chancellor. The injunction re'
strained Mr. Kean from performing in London, until hei
should have performed ten nights at the Theatre-Rqs
Covent-garden, in the season 1830, 1831. The ilai°nr..
Con was obtained ex-parte from the Lord Ch3r
cellor on Saturday evening, Mr. Kean having been ,ao'
nounced to perform at Drury-lane Theatre on Monu°P
The Lord Chancellor;at the time ofgranting the order, gl,rt
directions that in case of his absence, application Wg:,
be made by those interested on the part of Mr. Kau°, „I-
bis Honour, for the purpose of dissolving the injullet'el,
Your Honour was so good as to give us leave CO aPPI
yesterday; but it was found impossible, on our part, to d°
justice to Mr. Kean on that day. The bill, Sir, ls eur ,
ported on the affidavits of Messrs. Kemble and Bartley, ,
self
fo
asntdateileths
Messrs.
.i nl
WillettB2B , Dainrd. Kemble,Forbes: on
th e part of hi :
proposed enter t,
into an engagement with Mr. Kean, to act at COO'
garden Theatre. The substance of the agreement ive4
that Mr. Kemble proposed to Mr. Kean for tvrenty.four
nights' performance, 50/. for each night—the engAgell'ea„nt
to commence on the let of October, and to conclude p-
',Jou! to next Christmas—Mr. Kean to give the refer
ence to Covent-garden, and not to perform in any other
theatre in London during his engagement with Coven
garden. Mr. Kean accepted the proposal, at the foot 0
which was written—" I accept the proposal," signed°
bY
Mr. Kean. In pursuance of this agreement, Mr. I(e3
acted for several nights, but in consequence of the theatre
being closed from an accident that occurred to the Pei
Mr. Kean performed only sixteen nightsinstead of twenty"
four. Mr. Kemble then proposed to Mr. Kean, th't
that agreement should be determined, and another
agreement entered into, to the extent of twelve nights
was
se the
verbal
extension 2 . T
only.o and thisi‘N.,la r,: i propositionatKioena
n o
performed
etrhf
oe
rAmol rre.di g
instead of eight which would remain incomplete out
January, 1829, for which he was paid 501. i n alHeagarleseompe:
The per-
formed on the Bth, and was paid the like sum.
formance of Mr. Kean was also announced for the 12th,
but in consequence of ill health he was incapable of Ile'
ing. A few nights afterwards a Mr. Phillips called of
c c6etdhedo.f
Mr. Kemble, and stated that Mr. Kean was desirous °
suspending his performance for a short time, in order t;
recruit his health and make himself proficient in other Parts
of importance. A letter was then written to Mr. Kean, state
the readiness of the proprietors of Covent-garden to acc'r
to his request ; and also stating,: that, if agreeable to l'ri
Kean
nthae
Kean, the twelve nights agreed upon might be exteade
b
to 24. Mr. Kean accepted these terms, and wrote
letter, acknowledging the friendliness of Mr. Ken',
let:
and containing also expressions of kindness ; but wh''
concluded without adverting to the principal circuo, i
stance. But there was a postscript to this effect :•-•- Li
accept the proposal—l had nearly forgot all this." 1
e 11l
this, observed the Learned Counsel, is the deliberno
concluded agreement, which a Court of Equity is called °
specifically to perform. No date was affixed to the letter,
but Mr. Phillips called on Mr. Kemble, stating that Ale'
Kean gave him authority to put a date. In consenue,°„
of this Mr. Kean ceased to perform at Covent-garuebT'
and retired to Bute ; by which retirement Mr. he r° In
alleged great lose had been sustained by the theatre• co,
consequence of the embarrassed state of the affairs oy,-
vent-garden an appeal was made to the public, and.;:oly
ral actors of eminence offered their services git°
offered `ll
to the theatre, and among others Mr. Kean, syn sart
to perform three nights for so laudable a
the 22d of November a gentleman called on M
popro.se• .
son, stating that Mr. Kean was arrived in LR:nbcie°Cl'
and] would be happy to see some of the; pro'
prietors of Covent-garden Theatre. The genders°
observing at the same time that the Drury-lane
were already about Mr. Kean. (Laughter.) An iuterYis°
took place between Mr. Kean and Mr. Bartley, but 0();
thing was finally arranged on at that time. Mr. 11"
afterwards wrote a letter, stating his wish to fulfil hi' 10°'
mist of performing three nights:gratuitously—that his 2r.
gagements were pouring in upon him—and asking Irittl
Kemble what he thought of the performance taking phiceift,
the next Monday, Wednesday, and Friday, to which,j,- he
ter Mr. Bartley sent an answer (which appeared in '
Sun of yesterday.) „area
The application for the injunction was further surd 13.
by an affidavit made by Mr. Bartley, in which rßering
states that he received a letter front Mr. Kean' ibst
to act three nights gratuitously at Covent-gardda' ,su -
letter contained the notice that Mr. Keancould o°' e
but stating
cify the time for such gratuitous performance, e Mr.
that due notice would be given to Mr. Bartley 0. 3
Kean's arrival in London. Upon these affidavits, 5ir,....,1
was that the present plaintiffs obtained this injunction _
an injunction, I believe, the first of its glass--namely, °...:
injunction to restrain a particular actor from acting. o',
has heard, Sir, of injunctions granted to restrain partilly
lar performances at a theatre as connected with the ili„
jest of copyright, but I have never heard 0'
greater experience of my friend may enable him perhill
to supply an instance), I am not aware of °?!.,r
in which the Court has restrained any particular Ac''',
from performing—a matter which it is obvious at the 61,
sight is capable of compensation in damages. If the Cou,e
has any jurisdiction over the members at the head of Co
t be
theatrical profession, it has equally a jurisdiction overt h°d,
who are at the foot of it ; and this Court would be 011 0-
, the subject of ex-parte applications in every quibble betsvee_.
a manager and a performer in every theatre moveable. 7
felloul
immoveable, from one end of the kingdom to the ot')ro:
whether upon the Thespian principle or the more iseA In,
ciple by which the theatres of the present day are establisheo
If such was the jurisdiction of the Court, it was an eit'eA
of jurisdiction which it was alarming to look WV' of
jurisdiction like this must be founded on the doctrioe, ,i
specific performance. If the Court sustain this injurletlocer
it must proceed upon the principle that it has the l'°,, g 0
to compel Mr. Kean to act Richard the Third, and t-ais
through it with that power of exertion which belongs reit
talents, and if Mr. Kean, upon such an occasion, ineboae
talents wihttiowchbasehpteheerpfojousrsednagseesied,
walked through the part, or omitted to exercise,t ot
a:nndstuheimustsuch
aCrnoe:faerntr:ietra and
itt:bei:u:;:l;:ee--:::
pwerhfeotrhmeerd,itorwaws
haethboernait.fidweapsertafoer:oeliis t
it 0
only,tohavewhetheras ewle3
eruet an
i a
lusion.—(Much laughter.)—Suppose Covent-gar t- 50
continue prosperous, independent or dependen 00
the public ;—suppose it to continue prosner°lll,: "sdor
account of a brilliant accident ;—suppose bill
such circumstance, Mr. Kean had filed S„r $
against Messrs. Kemble, Willett, and Forbes, for
specific performance of this agreement, compellinC 'ept-
to engage him for a certain number of nights at 4Y3rtioto
garden, would not the Court, I ask, on such an app It ass
have said—" You have your remedy at law'" Loth
been frequently urged, as between vendor and norc. att
that the vendor accordingly wanting his money, the :sits'
could not act upon his bill. The present case asoa
ceptible on each side of damages, and a court of la'"
that
M only, was the proper remedy to resort tos mode°
Mr. Kean, in his affidavit, in Qppositinb to tlis -,,,, 0
stated that no authority was given to 11Ir. Phil"6o bii
to make any proposal to Mr. Kemble with reference oar
performing for the season, 1830 and 1831 ' • but an 141,1 i of
1
rity was given to make the proposal as to the recruithijuie
his health, and returning into the country. Airj4 °
,
was no longet on terms of friendship with Mr. ri,:'eptli
had never made an affidavit against Lim• i sorry, elt)lrt for:
sorry was he that such testimony had been hr°4 009'1
• ward. Mr. Kean bad been Advised that his sgrie 00
was not binding upon him. The Learned Cou°se f Air
• at considerable length through the affidavits °it 01'
Cooper, Mr. Reeve, and aeveral others, by which,-.„yeot'
peared, that though they had engagements with t''', be'
garden, yet in consequence of its embarrassmentsttoel
left it, and gone to other houses ; hut no steps bad beeliostcl
by Covent-garden with respect to them A rnuci,2 0 b
case was sufficient to neutralise the power of a Coati
la
Equity. In a case where ample compensatioo coil. f 5
made in damages, the Court would hot interferCt,i,.i it
any thing you know to the contrary, the effect 4,10 i 0
junction may be to take away tho 4144 tlrc4nri, 1100
party ; because, for the la•aapoaea of my argOrtle- 3,11 i
Iconsider Mr. Ksa,rs eta a man whose bread, trout
,•b
dab iiepeuds upon his performat;oo. If 'ertif-°l'°it
agreement as this was to be specifically Pf fetch
bills would be continually filed for the purpose of
back performers from provincial theatres, the 'll d le'" i
which would be deprived of their Stars, .beoe
"f 0
a cloudy night.—(reat laughter.) under i;e Ce,j
cumstances, the Learned Counsel trusted tdissoly
would be of opinion the injunction ought to be 0
Mr. WRIGHT followed on the same side. woldsi• ti
Mr. PEPYS appeared for Messrs. Kemble,
_ars 0v fi
Forbes, contending that Mr. Kean was well g' oib:011
_0) ..e i
contents of the agreement, and that it was ....Ai., Poi 0
i him to misunderstand it. The conduct of ;di,'
had been honourable throughout, and the insole