Star.
London, England, 1801-11-12 00:00:00

LAW IIVTELLiGENCi

MAT OF CHANCERY, NOVEMBER lz.

MDR Y•LANE THEATRE.
Mr. MANSFIELD proceeded to reply to what had
' been urged on die other fide. lie defended the
condua of Marrs. Ford and Hammcrilev, in has'.
ing hitherto taken the whole of the Pit-money, on
recount f the Arrears due to them, as Trultee••
for the i:enters. He obfervcd alib, that a, it
c! .n happen that the Pit-money would not
;mount to the film required for the payment of
the Renfers, therefore the Truitecs Ought to be at
liberty to take firms of money at other times, for
the pirrpofi: of making up the deficiency. He ad•
nutted, at the fame time, that the 'Performers
mull be paid, or otherwife no money could arife
from the Pit. His Clicatc,• he raid, did not with
to prefs the execution of th.: order, according to
the letter of it, and ist its utmctt extent ;—they
were on the contrary, to confent to any
reform of the orders which the Crain dirndl think
reafonable and proper. He fli;I, c,:ntended, !sow.
ever, for the appointment of a Rec_iver ; and he
was convinced, he laid, that every Aartr in the
Theatre wned for the appointment of feme per-
fon authorifed by that Court, who Ihould receive
the monies, and pay the Performers. In the
courfe of his reply, E 2 laid he was informed there
was BzBBl. los 3.1. due from the Theatre to the
Duke of Bedford for Rent.

The SOLICITOR GENERAL Lid, there was no
allidavit of this.

.1 he LORD CHANCRE. coßiaid, he fliould not at-
teni to any affertiJas that were not w:ritied by a'•
though it tni,Jit be fair to confider %1
(Illation either as fup,,,ollng the Rent to be
or not paid.

Mr. MAtesrtFtn grounded his affertion upon
I.ctt:r of the Duke of Bedford's Agent, which he
hated to have been received, declaring that a dif.
tiefs was in the Theatre, and that if the Rent was
not paid bclhrc that da) fe'nnight the goods of th.:
Theatre would be fold to difchargc it. He con-
ciaded by prcflin upon the attention of the Court
the in iginal objet of his Motion.
Mr. AGAR again offered himfelf on behalf of
Grubb, who, he faid, had advanced furl)s of
money on account of the ThLatre, to the amount
of 15,0001. and who was now forced into a tem-
porary concealment, in confequcnce of debts in.
curred on account of the Theatre. Mr. Grun,
he laid, was ready to fwear that he LA received
no notice whatever of this proccedinE.
The LORI/ CHANCELLOR faid, he 11111 q take the
affidavit of ferviec of the notice of thdl: proceed.
inks upon Mr. Grubb, as evidence of that service,
and he could not hear any affidavit to the con-
trary. The only proceeding that could be Lid, in
cafe Mr. Grubb had not been ferved with the no-
tice, was to indiel the perfon who fwore that
thr Perjury. . .

Mr. AGAA laid a few words MOM tClatirf; to
Mr. Grutb.

The LORD CnANCELLOR laid, that from expe-
rience of the labour and difficulty the Court had
to encounter, when it was called upon to enforce
rights to multifarious as in the Caufe before
it, he was glad to exprcfs his fatisfaaion, when
he was informed in the vacation, that the parties
had come to an agreement among themfelves.—
The Court felt that difficulty, in the collie of the
Royal Circus ;toe; the Opera Houle, ath;ch
difli-
culty a role out of this—that the Come felt it was
endangering the intercils of all, while it was en-
deavouring to enforce the rights of all. Notwith-
(lauding L., thought, that the nver.l :•ttd lull
grounds to be proceeded upon were obvious, an,l
nut difficult in practice, if thole intczened would
but agree among themfelves to adopt them. The
queltion before him arofe out of three no:iees of
motion. The firtl originating in an Order of the
Court of the Gth of March, by which a Receiver,
in a certain cafe, was to be appointed—the par-
ties by that Oraer, Lavin, in confequence of a
given event, a liberty to apply for the appoint-
ment of Inch Receiver." This was not of hi&
an appointment, but merely.a power to apply to
the Court for the appointment of a Receiver.—
This Order oldie 6th of March, was chitin& from
the other fubfequent one of the tub of June, in
that material point, that it did not of neceility
require a Receiver to be appointed, but if the
fads warranted it, the Court might appoint a cer-
tain perfitn, who fhould day by day pay into the
hands of Meas. Fiammerfley and Co. the fun:s rc•
ceived at the Pit door, night by night, and the
furplus of this money was, after the appropriation
of what was nece:Liry to cover the Renters 01am,,
to remain in the han.ls of Hamm; ney, who, as
• lie fhonld (late by-and•bye, ilood in various, and
las he conceived, incontinent charaelers, with re-
gal d to the 'theatre, until the end of the 1, ear.—
When he had laid Rock upon the money remain-
tog, in their hutds until the and of the year, it
was not from his being told that M 7. Ilarrlneilley
was wdhn4 to do ju!is.• to all was
board to confider what Mr. Ilantructiley might
do, and not what he would do. 1: was not Ile.
ecifiwy to enquite how far Rich:l7,llin and Grubb
were parties to that Order, as it app-tired to he
an Order by confent of Sheridan, who was the
only party to that fuit, and regulazli before the
Court. The next notice of :within was one,
which, if it fueceeded, was an effeetual .o...wer to
the other two, being to do away the tinnier ordet
and coufequently all that could be don: onfer
' them. By the caufes as they now Ileod, it seas
impoffible to fay how Hammerfley could 01 would
aft. In the tirli of them, Ford with liammertley
was a Trainee for certain purpoli.s, and Sheridan
the only Defendant. In lie fixond, the Banking-
lintlie was Plaintiffs, and Sheridan, Grubb, and
Richardtim, Defendants. By the tirn deed of
1791, Mr. Ilammerfley had an interen as a
•I's Unce, and by the latter deed he had another
intereff which was oppofite to his interell as a
Truffec. In the latter cattle Ford was no patty.
To the agreement and deed of 17oS. Ford was ra
party ; and if the provitions of the deed of t 79S
\VL re not compatif. • with the deed of f 793, bow
could Hammel le, with Ford, c cone them ?
trite fituati.in of I lammerfley was here very cx•
thiuidinarys hem he was bound again CJa.