Star.
London, England, 1827-06-21 00:00:00

- • • IgirrI;LIGEbiCE.
• • ' •
IWO* OP LORDS.—SCOTCH APPEALS. ••
STZW•RT Stn; OTHERS, RESPOPITISITS.
,This 'wits an appeal from a decree of the Court of Ses
skiu in •Scotland.—The circumstances of •the cm' are
shortly theset—A.C.lonel 13 syly and his wife nWde a
settlement, by which they le t 20001. to the wife of the
appellant, a merchant, residing in Edinburgh, excluding
the.fiu nertriti, and providing that in case Mrs. Lawson
should die before the death of those who had made.the
settlement, the 2 0004 wei e to go to het executors, or next
of kin. Mis.L. subsequently executed a deed, by which
she left all her property to her husband, and the ques-
tion was, whether the 2.0001. were to go to her hus.
band, or to her own next of kits? The Court of Session
decreed that the next of kin of Mrs. Lawson were en-
titled to the money, to the exclusion of the husband.—
From-that &tree Mr. Lawson appealed, and the case
was awed' to.day before the Master of the gossts, by
Sir C. Warisisss+, for the appellaot, asdkr tdr. C.AMP4
'MILL and Mr. /Cake for the repondents...—The appeal
• was dismissed, and the judoists* of the Court below
affirmed, with 1001. costs • •

COURT OF clidialibral,
The Loan CHANGIII6Lea Asgard and disposed of the
whole of the Lunacy Petitioos ~dittos of aboot 40.

• . • . map: Ups..
Mr. HVALD mottiosurd tattle... Court, that in &if
case, where permission hrdbeenpieenthat a Gentleman
should marry a ward of the Court, 'a slight. thYficulty
bad arisen. In order to save leartom,it . 4411 aft
ranged that a proper settlement Amid ha miaowed with.
• oat reference to the Master, ancl)to this all parties had
consented. It was now, however, -mitt; that tile
Accountant General would not transfer the atockiintess
he had some authority that the settlement . bad been
sanctioned by the Court: The present application
• therefore was, that the order might contain the. Mat
of the settlement, and that the Ac,countant Geaeril
might be directed upon that to trausfer-the stock.

The LORD CHANCELLOR asked the Ectiester; if thi
was the usual practice, or if it was ciii*Yent
ordinary rule ? ,
-The Ranramt "said, that die Accountant General
. tegoired a proper cettiscAte as to the settleMent.
• §ome discussion ensued, after wiiith it yrai arranged
that the terms of the settlement should be agreed oit
end stated in the order, and that the Accountant Gene.
• rid shnuld be directed to transfer the stock upon having
au affidavit of the execution produced to him.

COURT OF KING'S BENCH.,Juns SO.
PATENT OF PRECZDI)CT.

Mr. Buouctum ha►ing this day appeared without
the Bar,

Lord TENT ERLIEN—Mr. Brougham. his Majesty &Sell
ing been pleased togrant you a patent ;of •precedescre
yon will be pleased to take your seat within the
The Learned Gentleman took his seat accordingly.
The Court was occupied the who'e day in hemiarg'
arguments upon cases of no.public interest.:
COURT OF CO id lgOirlelAW.No—SiL
ARADSIOII 10. veva.

In this Case, an action was ;brbhght, tp recover the
sum of 201. alleged to be due for services bad and per-
forated at Drury•lane Theatre. The plaintiff is sbe
celebtated vocalist, and the defendant the eresent lessee
of the Theatre.

Mt. Sergeant WILDI addressed the Jury on behalf of
.the Plaintiff, and stated that about three yews sine, sbe
-eras engaged
.by Mr. 'Elliston to perform at Drury-lane
:Theatre, of which he thfo the lessee. S'ilitce t'at
period, however, the Theatre had passed into the bands
61 Mr.'hie-, under whom she had acted, and- from
%shorn she now claimed compensation for her services.
The salary she had received during the last year of her
engagement was 101. a week, but for the two weeks
previous to its expiring, she had received nothing, and
to recover the, sum due to her this action was brought.
The defence intended to be set up was, he understood,
that Miss Graddon ought not to receive her salary be-
cause she had been fined for some act or other, and this
was to be pleaded as a set-off to the demand. The Jut y
:would, no doubt, be informed of the nature of this plea,
'and wouli form their judgment upon it. The Learned
-Sergeant then detailed the circumstances as they were
'subsequently stated in evidence, connected with the
'Lady's refusal to play the part of Catherine in the
' ,Siege of Belgrade. If, he observed, the fine had been
fairly and legally levied, however hard the case might
be, the law must take its course, but he thought he
'should be enabled to show, that it WAS to be defended
neither by law nor justice. The Lrareed Sergeant. then
.proceeded to call his witnesses, to prove theeneagernent
•of Miss Graddon, and her attendance at the Theatre.
Mr. Edward Grarldott examined—ls lather to the
plaintiff; she was of age nearly two years saw": she
performed at Drury lane Theatre in December /1326;

ittended her every evening, except one, to the
Are. he was with her on the SJ December; she pet.
formed that night, and continued performing until about
• frith of that month ; her salary was WI. per week
the last year—the year 1826.

rose-examined by Mr. Sergeant ARAMS..,Her sa-
was 91. the first year. 91. the second, and 101. the

..• her engagement was for three years, made with
.glli.ton. It was admitted that 1(1. a week was an
esinitable.salary s the balance sought to be recovered
twenty pounds.

4/4,Rergeant Aorsms, for the defendant said, when
Naury- were .inforined that the whole amount claimed
. only-to. the extent •of ROL they would feel as-
that. the refusal to pay it arose neither from
not from a desire to injure Miss Graddon.
The object of his client was solely to- preserve that
good order so necessary to the welfare of his establish-
it, and to prevent any of-his-company from taking
.inr.granted that.after an engagement was made they
Inifib tea just as tbeyilleved. -He Olt. Sergeant Adams)
could, as well,as.many others, bear testimony to the
ising qualifications of the young Lady as an actress
as a sliger ; but unfortunately she was not quite so
.e.aWe behind as before the scenes. and he was la-
ir:bed that in the Green Room she was one of the most
-ming but provoking little creatures imaginable. It
,!stem of regularity and good order were not estab-
-1001 lin the Theasre, every thing would be in coati.
°moo; and it was therefore necessary that certain rules
regulations should be expected to be strictly ad-
hered io. These rules and regulations of Drury-lane
Trltatft were printed and posted up in the Gram Room,
in various other parts of the house, of their nature
intent the young Lady must have been well aware,
inore,stpecially as she had been fined in morflithan
instance. No. 9 of those rules decreed, that any
refining to study, rehearse, or perform, any allotted

•
• 44e 44,
'character in any-plly,' palittnnime, shouldfor. •
Sit SOL a4ppine nights -salary. - ' •
The herb Cwtet •iftbrenkt —So that if any one rei
used to dance alsinnPiPi, Whin ordered, he is to' bt
Sad 301. and- leek nine nights salary.
.
Mr. Sergeant ADAMS—Certainly, my Lord. ;The
Learned Sergeant then entered into the particulars of
I miss Graddon's having been called Upon, and refused
to play the part of Catherine, in the Siege of Belgrade,
for which, according to the rule referred- tl. 301. of her
salary was stopped, but of Which fine-iOl. was after.
waeds• returned to her. He observed, he should be
enabled to shew, that those rules and regulations were
well known in the Theatre; that it was the constant
usage to put the fines in force, and deduct the amount
front the salaries, and that the Lady hifd;inOneinstance, '
submitted to it. The Learned Sergeant' then called
Mr. W. Wallach. . ...
Mr. Was. Wallach examined—Wits stage.manager
of Di ury-lane Theatre during the seascinlB2s44 knew
that printed hills of the regulations of thiThtatte Wire
stuck up in various parts of it.
Mr. William Dunn, treasurer of the Theatre, knew
that the bill of the regulations now produced was the
identical bill pasted Op in a conspicuous part of tilt
'Theatre. •He took the bill down himself.
Mr. Wallach re-examined—Remembered that the
Sege of Belp,rtade *as adverthed .for performance bn
the Tth of December. llfis;.Geesin seat, advertised to
perform the put of Cat/Crime, She was ill, and Miss
Graddoa was.. appointed to . play in her steads .I.saw
her. add told her'so; she had played the part often be..
fore. Ali .s GraddOnletreetietl a portion of that charaC-
tee On -thellth of ,Deeember.:' She did 'mit filie the
ettears3l,. bit said, as she Narita. played' tlse.pillbt
a ling time, she wished to re-read it. The play was
performed themext day; Miss Gradden did not play is-
it; n message was sent to the brher brattier. to say she
would net perform in it. I had seen her brotliet Often.
Slist,'Greddon had ben fined during II.e• 'pregediiig•
swoon, .1 apologised to the audience for her not•per-
forming-the pert of 'Cirtberine. •
iCrasOexatnined by Mr. Sergeant Witort..—l-was
ptiseilt•When Miss Grad:dim paid any fine. 'Mrs. Geiiin
was prevented from performing by ililsealth. Wkeis
Miss Graddon rehearsed thte part, she eoaversel with
me about the change that had been made. She Corn
plainer/ slightly of the arottaess of the notice. She bad
not performed the part.dueing the season. It is very
customary to mate sect 4tehangein24.ltours. • I esti!.
rience it every season. • Mks Gear:l3oh did not ;Vase
whether I would have per formed under such cireitna..
stances? nor did 1 say that I w.fuld not. I think bliss
Graddan'is " a quick study." In my opinion sheliacE
safficieteetinie to learn the part; to., recovrr the plot;
to rise-the technitit writs. .
The bill of the regulations was then:put in, and read.
Mr. Wallack rot xamined—it is a general Sind &our.
iiois usage to deduct the fines Irons the s aeries: •
Tloss-examine_ti,a! could not say thai he had &c.
au ty seen any fints paid. - • .
Mt. Puna le examined.-le had deducted a 4cte
frisin 'Miss Graddon Out. of her salary, but it was libel
her engagement to rove Mr. Eilistotti It is a-notorious
usage, so to dediotthem. / knissi' several frisfantef'sf
Pe, submitting to this general rule. 1 rentstaiber
.heicit Ordered to deduct 301. fiom Mist.o:.adiluda ia.
lary.in• December last. This deduction was for A 44
we; ks' salary. When I paid that of the feHowinglioik.
no objection was made to thedechictiott. I idbst.kbestly
• gate her back 101. ot• tire 3(g. fine, hienrepretionslY
winos to inform her father than tush.wete ray ordev..
No objection to take the salatywastrubiequently made,
The estebtishm7ht is OM by.rde. ' . .
' Mr;•Sergeaut WILDS ill 111.6%,, "."44.4.‘44.-1".
regulaiwks. for sisict- no part QC- 'IS GIIII444MS•COIMISSe
with Mr. PI Jeri-and, +heretic& this thiviiratoulte scot
be a see-dff to the .flentadd. That the' tiffill4hlti • tfdi
receiveda reasestabfehetlet to play the vitt laf'citk. hie
(for whiCh she wasse.vidsatly.unpreparedj. ads t
,tit. she
was. iherefikre, justified in refusing-tO perfiudi it;
Tire Lairs Cuter Jtiartei charged the Jury, and
observed, it was clear that the sum•of 201. was due to
Miss Graddon; unless it were admitted that thefitre
was a set off against the demand. The proprietor:* of
a large Theatre owed it as a duty to themselves and
the public, to keep good order and regularity in their
establishrivenr, and the performers- rftlo9l feel That it was
to their own inteteirt to submit to the midi formed for
this purpose. l'f the- Jutr Were .of Orninti• that the
defendant was justified inesacting the he in this cases
then their verdict must be for the defendant, and o'
versa. But the question turned on the points; whether
or not the actress had•received a. olaioarbie *mite to
perform the part alluded to'? If they. thoughrthe these
was sufficient, then one great diffitulty.Wobld be over;
' come; but if the contrary were- the iMptetailitt of this
Jury, then the defendant could not lay claim: to the
right of setting up the fi e inflicted ae his defence.
The Jury returned a verdict for the'plaintiff of 201
the amount cl ,imed.

EJLGH COURT OF AIIMIRALTY, JuNtig"..
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