Star.
London, England, 1807-11-20 00:00:00

lEE"="'"ir

Lir nt ALLIGAIs. GE.

COURT 07 CHANCERY, NOV. 19.

OPFRA HOUSE.
U'ATkRS EXECUT.,It OF GOULD D. TAYL^R.

This was an application on behall of the I ltin'ifi
to remove Mr. Tayl9r, the defendant, fr m the flice
of principal Manager of the Opera Honk, and to re
['train him from any farther interference in the ma
nagtment of that theatre, upon the grounds negli
pence and inattention, in ablen.ing tinifelf from the
ditties of that 4fice, of difinitling and engaging per
hunters without the concurrer. e niche other parties
iaterelled, and of variout other afts of inattention
and neglect. It•appeared that, by deed executed in
the year oftoa, the management of this theatre be-
came j .iritly ,velled in the late Mr. Gould and the
pre!ent detendint, and in cafe of the death of either,
the furvivor to retain that office. The former Gen
Oman was to have the Bile management during his
life, except on certain occations and on certain events,
when he was to call in the aflitlance of the latter, and
have his akin to engagements with performers, arc.

In the year tgoa. a deed of mortgage was executed
..by. Mr. Taylor to Mr. Gould, conveying the whole
of Isis intereft in thatt theatre to the latter ;—and up
on the death of Mr. G,sulds the plaintiff became his
execut9ti_ and. in authority of that character, now
larade,tk,;. pie fent application to the Court.
• Mr. •Faraataregya, on the part of the plaintiff,faid,
ilt Wlll Lviateviaiithat the COurt firmld be ad vifed that
this Wasl#iioe6;irsf great wane. and nut!, the ma-
bageritcrit oflirtich reqaired item care, fki:l, :rod
P4iantivfit jaw th davit of Mr, Heaters, naon which
Chic motion waiagrounded,fet fortlethat gatitleman's
?-x-Is_tfitcr'and mcfregakee,' to interfere in the
c'oncerns oi`the theatre, and, under the existing cir-
purriltranceN7toccall upon the Court to nominate a
third perfan as •M'anager, in order that the interests
of. 41 parties might be better prorated. It further
!fated, that' Mr. Taylor frequently ahrented himfelf
from the theatre when his pretence was ablolutely
necelfary that during the hilt feafon he was not a
the theatre above two nr three .imes, except on Sun'
Jays, which were tbe days he (defied for attending.
Loan'tiali,acetana.-41 I fee this notice defires
not only ibat I thoold remove' Mr. Taylor, hut alto
that I (hall give all. neeeffary dire'.inns. Now, one
of them is, that nobody (hall attend this theatre on a
Sunday."
' Mr. Fratatarone doubted that the Court could
exercife an ecclefi.iiical jstrifdietion over the theatre.
The affidavit further hated, tit Mr. 'Taylor had
difrniffed Mr. Jewell, the Treafurer, Mr. Kelly (who
ailed 'for a length f time as Deputy Mariam
under Mr. Gould; without deriving any eranlument
whatever from that Iltnatinn). and another perfon,
without the approbation or concurrence of Mr. Wa•
ters, and in violation of his cantrail. It aifo charged
Mi. Tay l •r with engaging Mr. D'F.geil e as Depot y
Ailing Manager with a confider:llde Salary, and aifo
with engaging Madame Catalani and Signora Graf-
tini, at extravagant f.ilaries, without the concurrence
of any of the parries interefted ; that he withheld his
Signature from the bilk of the theatre, %%Mit were
a'ffolutely'necefrary to he petheted, for the internal
regulatitsn of the theatre ; that thefe falaries were
much t realer than was neceffary, and, with refped
to Mr. D'F.Jille, he not only held the fitnati .n of
Ballet Matter at the Opera, but ht all, held a firnilar
office in Drury Lane theatre, the duty of which was
incompatible with that if the Opera. Mr. aylor
admitted, that the office of Manager was a notation
f ;sacat null and confidence, and required a pet fon
of abilii) to fill is, but that it did not rt quire the
cnialant attendance of tiie Manager, as Inch conflant
attendance would be prsduitive of bad confegnences,
bee sufe the per 1., viers would look for indulgencies
ss Isiah the Deputy i, .d i.ot the power e f granting.—
Mt. Fajta,- all"-, admitted ,hat he was very frequently
a:Ara I. son the Olean e, and ende4vour ed t • at
for it by Paying, that iu the month ~1 March salt, he
bad an interview whir Mt. Waters, wisole conduit
v as In violent, I.e Lad determined ever after to avoid
:any conintlinicati,rts with hint and that he was ad-
cited, that ties. Wale's had determined to arrest him I
for tu.o;:c-1 +die!' alarm ed hint fur his petb.nal
fafct, and ,ridized hiur t•s Aleut himfell. By the
deed saticli,nis Ro)al Hightiels the Princeot
the 1.,•1 d Ch.nrher la;11, and fillte other pert .11s wcte
LontinAred ; but in cafe they declined to
then the manaaetnent devolved on Mt. Taylor,
upon his givi-g flew it y : but that fecurity he had
bevel entered into. The firlt question, therefore,
was, whether Mr. Taylor could or could tint give
that attentton which was necelfary 'for the manage-
merit of the theatre ? the next was, whether he had
the power of appointing another perfon in his 10001,1
a• Deputy Manage: ? and lastly, whether he could
etsgige or difeharge per nil mes s, without the concur- t
fence of the other pat lies inn:relied ? Under all theta I
ci I cumltances, Mr. Watcts being not only the execu•
tot undo the will of Mr. Gould, but truflee under
t:se rum tg4ge, having only an espritable interest, the
I-cattiest Corintel submitted, that he was eiritls-d to
the protrairur of the Cr.tirt.
Lira) CH AhCSLLobt.—" I perceive there is a claufe
in this deed, providing, that if any difpute thould
arife about the ditty of the Manager, it thould be
referred to arbitration, and the arbitrators have the
power of calling in an umpire ; and in cafe of fur—
the: dilagre.meot, then it &tut he referred to the
Court of King's Bench. I thi.sk tiv-,t Court would
have a more pleat-ant duty to perform in appointing
a proper Manager, than I lhouid, who du not un•
th.rfland any thing sit the matter."
Mn. HALT all for the plaintiff, laid, that Mr.
Water,, as t; u tee to Ish was entitled to
leven sixteenth (boss in this l'heatre, fubjeit to all
the out Handing debts and incumbrances ; and un-
las Mr. Taylor was reit rained from the management,
he mutt be a considerable Infer. In cafes of partner
114, when the parties had not the power of g
the p.,traettlop, and any difpnre arofe, it was ulna!
r them to iefort to this Conic for relief, and Inch
he considered the prefent cafe. In all contrails of
that, rlattoe, where the party, who takes the manage
recut upon hindelt, thould conduit the Wine& inn
!noires i). or from citturnliances was rendered iota,
Fable of loch niatr,gerncrit, then it always became a
carettism for the Conti, who was to be the Manager?
The mail who WAs thus appoiated thould devote his
whole time, diligence, and aaivity, to the utmull of
Ili Laill and.abi:ity. Madame Catalani was at a
engaged at a falary ut 6::w.::24.1 .2 and 3ce:t. per