The Statesman.
London, England, 1818-07-02 00:00:00

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LAW INTRLLIGENCE.
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z• TICE-CHANCELLOR'S COURT, Jut.ir I.
OPERA-HOUSE.
IrATRINI•11. TAYLOR.
Sir SAWORL ROMILLY stated, that this was a re..
viewed motion, coning on Mr. Waters to pay into
Coact the malt of 34,1621. being the balance of the
petchamtliews7 of the Opera-hoose. The Master
veportede-that there • was a cousiderahle sum due to
Mr. Witten ott•mmosetherances on the Opera house;
,osceptious bed 'Wilt taken to that Report, and on
• their beiegargaed before Isis Honest., soratryf them
were allowed, and others sent beck to the,Master
for him to review hip Report. Tb 6 Opera-house was
sold with so undeimanding that the perihase.money,
was to be paid into Court is a few Artois. Mr.
tees had cossiderable sums is his kits; which he
Aught to pay into Court.,
His Bonner the Vice•Ctriscitioa wished a dis.
auction to be taken between •that part of the Report,
which ha&been referred back to the Water, and the
sums not coesidered es'eseemberanbes on the Opera.:
Mouse.
Sir S. ROMILLY held that thiteleale paicliase.moo
sty ought to be radiate Cliart atinve,.. for he did
not see why Mr. Witers Ithcreld putlitteoa WHO"
situation than any other person who might bete lloa
come the purchaser. When the sale took Orme. these
was a reference to the'Master salsa leg Mt :Wetness
eacembera nee,. ' "••
The VICIP.CRIANCELLOII-16 It qopPars. 014; tlasi
Minter's Report, respecting the trecithabereetett,..Wes
guide long subsequent tot the solo 4(..the Opssa.'l
beam" 1
Sir SAIWYL ROMILLY laid, that the purchase-on
-
me* was to have been paid is December, 1816, but
• en account of an agreement between Mr. Waters atsdl
Mr. Taylor, It was postponed till the follow.
ing ; but when that time caste, Mr. Waters was sot
prepared to pey it •into Court. In the month of,
August following, an order was medeby she Lord
Chancellor, that a part of the perchele-monet should;
be immediately paid late Court. Ms Lordship atl
the same time discliiimed any intention of petting
Mr. Waters in a better 'Manion than any other per.
chase" woeld have bees, -eseept that be was SR en-
cemberaucer on theestate,ohose debt was ascertain-
ed, and that it was not necessary for him to pay the
whole sum into Court, for if he did, he would only
Mare to • get an order to get what was dwelt) him paid
out again. He (Sir S.) had no doubt but if the hid.
dere at the time of the sale had known that the pur-
chase-money would net be required to be paid; into
Court own' the August following, they would have
bid a much higher sum.
. The Vice•CaAncELLon—" I cannot think of or-
dering Mr. Waters to pay the sum referred back to
the Master into Court—for be could not see the mis-
carriage of the Master's Report, and that it would
operate to his disadvantage. . But if Mr. Taylor
isbe4 the whole sum to be paid into Court at once,
be must apply to the Lord Chancellor, as be is she
most proper person to determine whet ought to be
done in the case."
Sir SAIIKIRL ROMILLY.-." The great objection to
an application to the Lord Chincellor is, that the
exceptions must be re.argued before Wok"
Mr. MILL'. Solicitor fir Mr. Waters, eahl, that
Mr. Harris's (the Proprietor of Covent-uardeo Thea-
tre) annuity wascartainly an encumberaace, &Muesli
it had been referred back to the Master.
Sir SAIIUILL ROMILLY•--" I cannot consider it as
an encumberaoce; his Honour has prouousced that it
is uot."
The VICE•CMAIIICILLOR" Certainly the evidence
before me at the time was not sufficient for mete call
it en encumbrance, for I saw that so valuable con.
*adoration lotd been given by Mr. Harris for the en.
Deity. Take the order, Sir Samuel, with the pro.
visors 1 hue mentioned, withost prejudice to any
application that may be thought proper to be made to
the Lord Chencellor."
Sir SAMUEL ROMILLY-,-" The sums sot allowed to
Mr. Waters, as encumberancer, are, theatres of 16331.
--tradesmeo's bills, 1.4001., and impellers 3051,
making in the whole 3,3381., which Mr. Waters ought
to pay forthwith into Court. e
Mr. HART, Counsel for Mr. Waters, old, that this
way of viewing the case had taken him by surprise,
and he was quite unprepared to meet it at present, as
She Solicitor who instructed his Learned Friend (sir
Samuel) had informed him that be went for the whole
34.0001.

nay /0, I*
Time Vicveiansgmos-44 Certainly an applies-
tion to pay 34,000 I• into court applies to all parts
of that Ism. I should, however, be sorry that
Counsel should be taken by surprise. Therefore let
the further consideration of this motion mead over
until to-morrow morning." . f
VAIIIII V TOE SAW&
Sir &intim. llostlt.te minted that Mr. Waters
might be compelled, by en order of. that Court, to
insure the Opera-house for a proper amount. Mr.
Taylor, on making eucteiry at the Inseraece-offites,
found it was only insured for 10,0801-.«ablemigh he
(Mr. Taylor), by the lease of 1792, was bond to
insure it f0r.24,0001.
Mr. Ilan*, Counsel for Mr. Waters, said. that he
understood his Client bad insured it for 26,00u1.
Sir SADIUZL 11011111T46•• That Is not the case."
The Vice-Cssancsis.on•—" Y.. bad bieler
',nein the exact no it is haired foe, sod briog
this motion ea with the preceding on to•merrow
morning." .
. .
covirPorlitscrs JeLi L
soma notlitats P. PASS Yoram.
Trespass vi at ,arstils for ho assault .altd &helm.
prisonment.
The declaration stated, that en er about the 13th
March, 1818, the Defendant made se smelt sport
the Plaintiff, and imprisoned him fora certaie nuns.
her of dayst:by means of which the Plaintiff was
unable to mug oo his business, &c. .IrbinDefendanr
pleaded not guilty.
Mr. GtlVlNkii obrieWNl,:la epeeist g the facts, that
they would demand the most serious ettontioa of the
.; ury. The Pleiotift, a jeweller, sought a comp.'s).
ifion for a great, injury inflicted spun him by the
Defendant, an:peavey of. the Court, • There had
. en dealings between the ;girlies long before the date
this transaction ; and in the spring of 1817,
r. Itfleur, reqjled in rall•mall, became $o-

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