Star.
London, England, 1809-04-21 00:00:00

FROM LLOYD'S LIST.

GRAVESIND, APRIL 20.—Passed by the Flora, Hardy, from
Demerara; Bellona, Jonge, and Favourite, Langdon, from Malta.
—Sailed the Planter, Graham, for Sc. Thomas's ; !etude, Mer-
cer, for Teneriffe ; and Mentor, Stephenson, for Surinam. -

A Memoir is about to make its appearance from
the pen of Miss E. TAYLOR, containing many docu..
ments, developing the Secret History and Intrigues
of many. Persons of Rank and Fashion. Report says
Two Thousand Pounds have been offered for its sup-
pression.

- CORN-MARKET, MARK-LANE, APRIL 21.—There are
bat short supplies of Wheat to-day, and sales thereof
are quoted at an increase in price of Is. and 2s. per
quarter—Rye rather dearer—Malt likewise—Barley
fully at last prices—Beans of both sorts are rather
dearer also The supplies of Oats are considerable,
but few of first quality, and those samples are quo-
ted higher—Flour continues at our late prices.
OSNIRIAL CUMNCT As UNDIR
Wheat 675. 80s. Ns. Beans (new) 540. 601.01.
Fine ditto, 945. 975. Tick ditto (new) 445. 501. 04'
Rye, Us. 58s. Oats, 21s. Sits. SS,.Barley, 425. 495. 6d. Poland ditto, sic 40e. Od.
Malt 721. 80s. Potatoe ditto to 41s Od.
White Peas (boilers), 100.110, Rape Seed, $6l. to 601.
Grey diM., 48s. 5411.
Flag Meru., SQL sh..-Second% 756

.LAU' iNTEILIGEJVCE.

COURT OP CHANCERY, APRIL 20.

MORRIS V. COL MA N.

Sir S.INILTL ROM ILLY moved the Court in this" case,
oa behalf of the Flaintif:, that a blaniiger
may be to conduct the atnirs of this thea-
tre, in the place of Mr. Colman, the present Mana-
p,-.T, on the ground of a total inability in the Defen-
dant to 2.ttend to the duties of the office of trmager,.
by reason of his being now a prisoner in the King's
13.,:nch of its Rules.

There were.oAter objections stated in the Plaintiff's
Bill against Mr. Colman's continuance as a Manager,
and one iniparticular, that of having raised the public
expeceitVn of a certain piece of his own composing,
advert.4l.4, for performance at this Theatre, and after
such advereisement offered for sale to the Proprietor
of another Theatre, that of Covent-garden ; by which
measure the Proprietors of this Theatre were obliged
to pay him eleven :'undred pounds for the compost.
tion, cc nary to his agreement in the heads of arti-
cles of copartn&ship entered into with /the Plaintiff
and ethers in the yeaf 1805, which were the founda-
tion of this bill filed by the Plaintiff in this cause,
preying a specific performance of the agreement note
sou ;ht to be carried into execution. The Learned
Counsel stated this to be a case of great importance,
not only to the parties, but to that numerous class ci
society who have taste, feelings, or judgment in stch
"pertoirmarees. The duty.and office of Manager 'as
rot simple or easy to be performed; it riquircd taste
and capacity to discrithinate the excellence of a per-
formance of such anature ; to perceive the.feelings
of approbation or dislike bf the audience respecting
the different passages or periods of the composition ;
in fact, to arrange, correct, and catch the living
manners as they rise.
This or;ice could not be assigned to a deputy by
any known method, and an alseentee could by no
means execute its duties according to the articles in
question, some of which were to be performed in an
house behind the Theatre, and in particular the set-
tlement of accounts on the first day of every mon.h
with the performers and all parties interested therein.
The concern must become useless or ruined under the
present nianagement, and the Court was bound in
justice to prevent such ruin, as much as of aay other
concern or partnership in trade whatsoever.
The levity with which Mr. Hart and Mr.Wetherall
had treated this case, on the Defendant's behalf,
shewed that the one of them had much wit in his in-
structions, of which he (Sir SAMUEL) was but scan-
tily supplied by his client. But the comparing this
oktce with that of the Arch-Deacon to a Bishop—the
(Kau: 17i:cold—was rather comparing pious matters
with ludicrous. In a late Bill respecting the Great
Theatre in the Haymarket, there was no ridicule of-
fered against that part of the prayer of the Bill which
prayed, that Madame Catalani might be employed as
a singer at the Opera. He deemed his case more like
that of a Commander in Chief and his Secreary—:or
till more properly, that of a General and his Aid-
de•Camps—who might act jointly or separately in the
field of battle, perhaps, as circumstances might re-
qu The concerns could not be carried on by any
possibilei, for the in ticks were tripartite—being
made bet. Been the Defendant, of the first past ; the
Plaintiff, of the second part;, and Messrs. Powersden
and Winston, of the third part, for the purpose of
occupying this Theatre, or some other, as tenants in
common, for ever to descend to their heirs, executors,
admintsiraiins ate! assigns. The Plaintiff purchased
th.• shere of Mr. Powersden, which altered the right,
and prevented the future acts of the parties, which
were to be decided by a majority of the three con-
tracting patties on all occasions; but at present there
were bat •two patties, the tenancy in common being
at the :lid.

The Loan CIL after reading the articles,
observed that this was a very diilicalt cast!, 1 ut was
satisiA of the equity of the case, it being inc; mbent
on /i:rzi to apply to this, as well as to the late opera
queyi,ll, the interp,siticn of the equity of this Court.
The (....iairt ‘i as bound to interpose about comic ,cenes
c.r entertainments, even where arbitration had been
s:ipulatcd for as the tribunal by the parties, as in
these articks. This doctrine was doubted in the late
cases of Dila y-lane and the Opera Theatres, but it
appearJA that on sound principles of equity, this Court
had jurisdictirn against the contract of the parties in
favour of an arbit: ation, since it can only be by this
duly judged whether the arbitration be or be not equi-
table in all po:siole cases. In this case he Was of
opinion that'an arbitrator should be lamed by Mr.
Colman withn a fortni:;ht, or otherwise Lis Lordshp
mast do his duty on those absurd articles.

couitr OF KING'S LENCII,A.PRII, 21.

bgEAcli OF PROMiSE OF MARRIAGE.

YON, SPIN v. SNOWS ALL.

Serjeant CocKEtt, moved for a Rule to stew
taus t wily there should Mot be a new trial in this case,
on tie gvouild of excessive damages ; and certainly
the v ct was against the opinion of the Learned
, Mr. Justice Lawrence, before whew it was
Lieu at the 11st A:.isizes at York. It was an action
for IntaC.; c,f plornise of marriage. The first wit.
nc V/.lr, :t Fox, the mother of the Plaintiff, and,
this lady did prove that which, it
u 0,11 i support the action for a breach of
onl.c.e of marii;ge ; at the same time circumstances
f gvv..t su_yleion occrled in the opinion of the
Lear....d niaa was sta:ioned in an ad-
j hy lin partition from
v:•.s held betwecct tile
r.:,,!:.er aid ;he d,fer.dant, with the parti-
co...s ;1! :.1104.1. .1r): the Court ; the
(.1 N,.• N‘ a k11%;.W :,:l Mr. Snowball a
c:f rr.arr:.=;,-:, th.:t nenzktnan was very
cold tlivm ; tiLft pas.
aillol.utzd to a pro-
bEsd between hint and
inise of and the pc-5,•11 s..atioped in the
ot.h r ro:.:m was not called. IL ai,peared, however,
on thc C.C.ss-earnination of the t,ld Ildy, that she
bad lri)ked at this matteroi apc int of vi;:w so tri_
;:) rev mmend it t., her d;tughtet not to in',
n ; v.hich the Leary:2:l Jipi,te said w.ts wi
and ought to have hem fcliotved. For the
snewed the origin ,:f tiiis curious ac_
(3:: tintance, by which it appcared that, as he was
nut, a letter was put into Mr. Snowball's
hand, stating,
Mr. Snowball is a very tile gentle_
MAN Lt) 166: 111):):12 4114 LIS geILULAC roliteliess and

_:1

~.

correct behaviour seldom fail to make an impres
sien •on those wh&liave the happiness to come Into
rhis company. He has, besides all the innocence
and the meekness of the larub, a cool and settled
resolution. They tell me it is almost imposiible
to put him in a passion."—Poor Snowb•:11 felt a
1 little warm upon this, but was not so forward as
i, the Lady wished. There were some meetings after
this between the parties, but not until• a great many
solicitations had . been -made on the part of the
. Lady. After some of these interviews had taken
place, some incidents occurred to interrupt them,
whether owing to Mr. Snowball, or to the lady, he
knew not, but a violent quarrel ensued, and some vo-*
ciferatiop, which brought a gentleman to the door,
and he heard Miss Fox say, ,i Mr. Snowball was a
dirty fellow ; that she never wished to see him ;
that he should never have her—neither her motley I
nor her person ;" and he went home. , The Lady
desired her letters to be sent back to her ; they
were so ; and he desired his to be returned in et,
change, but, the lady having got her own, kept his,
although she promised to return them ; some were
read for the diversion of the Court, but they should
not be repeated. The Learned Judge left this case
to the Jury, to say whether there was not here a re-
nunciation of the right to call on the Defendant to
perform this promise of marriage ? in which case the
verdict should be for the Defendant ; and he lament-
ed the advice of the mother, not to bring the action,
hat not been followed.
Lord CUM!' Jes-rice—" What were the words of the promise
of marriage ?" _

Mr. Seijeant COCKELL." The old lady said,' The defendant
promised to marry my daughter. He said be would marry her,
and no other person; be said so often."
Curer JuirriCe.—" Did the plaintiff also promise the defen-
dant to marry him ?" .
Mr. Serjeaut COCKELL.—" Yes, My Lord."
CHIEF JuSTICE.—" Then you must stand entirely on the re-
nunciation, Brother Cock: AL"
Mr. tierjeaut COME LL." Yes; and the damages, which, I
submit, are excessive in this. c isv, being £3OO, so much to the
astonishment of the Learned Judge, that it was some time before
he could record the verdict." •
Mr. Justice Ls BLA What is the plaintiff's situation in
life ?"
Mr. PACK:" She lives upon her means in a decent way of
life. '1 he defendant is a grocer, worth £10,000..
Mr. Serjeant COCK ELL...-.-" If you will prove him worth
£lO,OOO, I will give your client .01000 out of my own pocket."
Cuter Jusi ice.—" I think the subject fit to be considered on
the point of. Whether there should be a verdict against you, or
that you should have a verdict on the ground of renunciation by
die plaintiff?"
Mr. Serjeant Comm.!. —" On both; that and the ground of
excessive damages, My Lord."
Loan Caicr JUSTICE—" Take the rule generliy, and we
will consider the whole matter when it comes before us again. It
may be worth while for the tia:nrjr to consider this matter a
little further, as well as the d.feadan:, and for both to by to come
to some arrangement in this al air. Every thing that passes here
is communicated to the public, and perhaps the feelings of the
parties may be better consulted by settling, iusteaellsf further ex.
posing their correspont:enzes.
Mr. PA My Lord, that was not forgotten at the trial."
Mr. Serjearit Cootett.—" There is every disposition to that
effect in the defendant."—Rule to skew cause granted.
44 IRVIN V. DEAR/61AS.
A new trial was moved for, on the ground of ex-
cessive damages. The action was brought for seduc:
ing the servant of the Plaintiff ; and in one of the
counts of the declaration, she was called his adopted
daughter. The Defendant seduced the young woman,
she lay in at the workhouse, and the Plaintiff was de-
prived of her services for five weeks.—The Jury gave
£IOQ damages.
It was contended by Mr. ABBOTT, that this sum
was more than compensatiun for the injury.
The Court, however, were of Opinion, after the
decision of the case of Edmondson v. Machell, it
would be too much, under all the circumAnces of
the case, as the Plaintiff had taken and brought the
young woman up as his daughter, on the death of her
natural parent, to disturb the Verdict. The Rule
was therefore refused.
srunsimr T. SMITH AND ANOTHER.

In this case a person had been arrested while in the
navy, gave a bail-bond to the Sheriffs of London,
Mr. Smith and Sir Richard Ph'llips, and was libe-
rated, instead of being conveyed to some officer in
the impress service, as required by the Act of Parlia-
ment of the 44th of the King. Upon which this
Plaintiff brought an actiim, as a common informer,
for the penalty for disobedience of the statute. The
single question was, whether the penalty should be
paid by the Sheriffs or their Officer in this case ?
The Court held unanimously, that not the Officer,
but the Sheriffs themselves were bound to pay the
penalty in this case.
MASSEY IP. JOHNSONT.
•

This was an action of trespass brought against a
Magistrate of Chester, in which. a nonsuit had been
t.i.ken. the plaintiff had been arrested under a war-
rant from the defendant for an alledged offence.—
The question was, whetheromder the 43d of the King,
which is an Act to Tender Magistrates more secure in
the execution of their duty, the defendant was justi-
fied or not ? At the trial, a nonsuit was entered, it
. .

being the opinion of the Learned Judge that die action
ought to have been brought upon the caw, and net
as of trespass. It was now moved by Mr. Topmo
to set the vcrdct aside and grant a new trial, upon
the ground that this was the the first question which
had al iscn since the passing of the Act.
'l'hc Court tho,:ght it material that the question
sLould be detcrmi: ed, and granted the I.llle.
Lord Ei_Lt:Nrouoic.ii observed, that when the Act
was framed, he remembered that many consultations
had bee's held with my Lord Alvanley ; and the idea
then was, that Magistrates were not liable to actions,
unless they improperly conducted themselves. •