Star.
London, England, 1801-12-28 00:00:00

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he eblild hot eve ft Prorri the parties thethfilver.,
and which even Learned Counfel could not give
him, without again and again looking, at the legal
Infinirnent.—ln the courte of the difeuffon fome
obfervations had fallen from Mr. Sheridan, which
induced Mr. Holland to file an affidavit, and that
had led to a fubfequent petition by Mr. Sheridan.
Having hated thefe preliminary obfervations, he
next proceeded to what he conceived the nature of
the caufe. If in any of the obfervations he was
about to make, lie fhould appear indiflinet, he
could only fay that he had made a covenant with
himfelf to endeavour to underhand the caufe, and
had laborioufly endeavoured to give due confider
ation to every part of it. He fhould alfo be ex-
trernely forry if any thing he was about to fay,
might create any new fource of litigation ; that
was not his intention, but his with was to induce
all parties to look at the butinen, as it was, and
contemplating the folid interefts of all, agree upon
making the belt of the concern as it to7ually fioctl.
The bufinefs of building a new Theatre originated
in 1791, from that time to 1793, one year and
three-fourths was tilled up by reprefentations at
the Opera Houfe. In 1793 the propotition was
held out, and he readily believed that the exhi-
bition of Mr. Hollaad's name at the bottom of the
' plan,had a great effeet in influencing perfons to fub-
feribe. Thefe propolitions were entertained in an
indenture of the lath of June 1793, which had
generally fort its objeat, to ereat a new, magnifi-
cent, and infulated Theatre, with appropriate
buildings. The indenture recited, that the Duke
of Bedtord had covenanted to grant new leafes,
and to purchafe other houfes, fo as to infillate the
Theatre ; and that it was in intent to raife a fund
to pay all former incumbrances. It was there.
fore propofed by the deed to raife reo,oool. by
300 rent charges at goof. each. The deed then
made provifion, that a certain him fhould nightly
be fet afide for payment of thefe rent charges.—
Trutlees were nominated, and certain condition:
(fated, upon the breach of which they were to en-
ter. into the management. It was the objeet of
this deed, that all the debts upon the old property
thould be paid off ; and that the rent charges and
the Duke of Bedford thould be the only charges
upon the new property. But it then went on to
lay, as the Snithing and decorating, and unforcfecn
charges, might call for a further fupply, it pro-
vided a means of railing it, by leafing out private
boxes. The &II obfervation he hail to make upon
this deed, was, that
.partite, mull not complain,
if their deeds were fo toofely drawn as not to con-
vey their meaning, that they were put to expences
in litigation. It was difficult bete to knew what
the patties meant. Mr. Holland, in the klieme
to which this deed referred, Paid only He was
willingto engage to find the buildingfrr So,00cl."
yet this part nt the deed fuppiefes that tiv:re may
be an aim cxpence, and accerdingly provides for
it by lenf.ng of private hens, which were calcula-
ted to pr.:ettce not lea than 3e,0c01. Yet the
claufe flitting that td,: building wasto be completed
for So,oool. follows at the foot of a deed which
admits that it might require 33,c001. more to per-
form that purpole. The fubfcription Was fait to
be applied to the old mortgages, next to the build-
ing the new Theatre, and it there was a furplus
to go to the Proprietor,. So here again was a
fpeculation that there might be a furplus, and as
was feen by the tin mer claufe, it was no: afccr-
tained but there might be a demand for an addi-
tional fum. Here he would jug advert to the fuh-
fcribers, who thus had no perfonal demand, Irrt
relied for profit met cly on the fuccefs oldie
fpe-
culation, and afk them to confider vile:her
would not be wife in them to agree to I •me tern.
perate accommodation which might give (lability
to their inierchs, rather than by puthin7 their
1-oal rights to their full extent, run the hazard
of dehroying them altogether? So matters flood,
when the deed of 1793 Was executed. The
houfe opened in February or March 1794, and
fo far from completed, that it then was in the
fituation in which it now remained. Fif:y-two
(hares of the old mortgage had been paid
off, and the Tell' of them, with intercfl, had heels
accumulating. If the caule were now Ixfore him,
upon a hearing of a bill, what would be the t
of the deed, concerted from the four coil-:1-s of it ?
The rent chargers would have a right, that the pro-
perty thould he put in Ruch allate as was cern:ea-
ed for with them. But, under thefe circumaanzcv,
the deed of June, 1793, was ceecutcd ; the old
I mortga7ces, at lead fome of then,, his decd,
I which recited, that their :1107;, were paid. If
In, did he go too fir in fayin.',;, that, in that Court,
they could not let sip their prior inzunibraaccv
againll thole who acq aired fublequent rights? In
certain cafes, if the proprietors were negligent, the
truflees were to enter into the manager ient. They
might, and had ncglaled their dut): in not do-n;-;
it; but, in that Court, accepting the charitaer
of a Ilruiee, bcnnd a nem to the performance of
its duties. He vas not, however, furprized that
they i;:ould be alarmed at undertaking the ma-
nagement, when it became their duty to do it—
hut moil certainly they 'ought either to have done
it, or to have reigned. Ile came new to a m ite-
rial proviso in the deed, which made it lawful to
fell fifteen private Loses: For what purpofe ? To
r. ;re money for the purpofes of the deed. If this
money had, therefore, been applied to other par.
poles, and if, with the privity and ca,nCen: of the
Truflees, he put this qiicilien to tle:m,
they were wit diemiclvcsbtiiind it egi..,!ly
as though they had mitlipplicd it tlicni:.,.•:es? Ti.c
deed went on to give diteitiolis sTon thi, point to
the Trunces ; and dir..ft.:42, ..t, it I:igresv's
patent fhould be boo h• ia, ti hisiaild Ihut he
competent for the Truhcc:. to r. hi any turn t^
complete the Theatre, fn as iw. to c-ceed the
annual rent charge et G, 1. Therefore the an.
unities, rent-charges, and private boxes, ware net
private property till 0: z Theatre was cc.nipleted.
Then followed a most material cies:roan:, and con-
flated with the yiellion, how t.r tile private
boxes, rent-charges, &c. alluded to were private
property until the buildings were fini.hcd? It was
this: that all intercilcd i 9 the de:d thoui.l have she
benefit cf. its coverall Snppnlinr, thi.r:fore,
the Truflete, had cet cred and applied ;4:1 tii-
money, and yet the belijiez had remained unfi.