The Statesman.
London, England, 1818-01-16 00:00:00

i

_ TA'S44.IN WA ally. • • •
..Sit Rottisom noted. that he had to merlin Id&
raw, that a sect of 13001. .eiltdt r4gt 4141111161;
amenal Of iumftst meth* OM* :Pildfintivaikkiln
• WAIROONdiIi...SI4/411,11 Ife4/41,tilttoltitl”,‘IMOI SIN
)*t ni, Illittr!tby,t la 46, *Mitt bOdleficle4ll4lol
'persons ily. to Mr. Taylor. , The Loewe!, tcestniel,.,
alter takitg a retrospective-view of the cisceeitalasiee
convected with the: situation of the Operaphnemsero-
-. pert" up to the period of ire final sale to the .0..
far the som.ot 71,0001. and his eppointattiat
•.
to the office of matmger, pending the investigation
oft
the accournt spots an ondertsking to ,cover all the
. espeuces of the season with the son of 29;0001. es.
01404 the groin& upon which the present motion-
.,„ ,mats %Omitted to the Court; The .whe of b
lue trio.
~tiettriedeed, comprehended interest oolu the ot
,40311,4131. which, in the view of Mr. Taylor, was the
~,a,moont of his present interest in the money pro-
.,awed by the isle of the Opeto.house. But after
ottitieierable litigation with regard to the payment of
the osichasi.tuonee, his Lordship had directed that
k should be paid into Coors on the Ist of December,
1816. '
Mr. Waters, however, afterwards ceased a
negociutitm to be opeued with Mr. Taylor for his
consent to a very allvantogeoes proposal of dinposiog
of the establishment to certain persons of fashion,
pronskittg, that if the letter Would accommodate him
by agreeing to in enlargement of the period for pay.
ing his share, amounting to 28,9731. into Court, he,
Mr. Waters, woolilconseet to pay Mai interest upon it,
ono divide with him also the profits arising from the
new sale. The period was acccinjingly enlarged to
the 2341 of April, but the espectatioit of disposing of
the Theatre was disappointed ; nor was the purchase.
money due to Mr. Waters altiniately paid in till en-
forced
by another order of the Court, in August last.
Under these circuitstances, be' was at a loss to eon•
ceive what oppoSithie coold be nffered to the means
taken to compel a performance of what was so evi.
&may an obligation of good faith.
Mr. Bouvet,. was heard on the same side.
Mr. HART and Mr. BARBER contended, that the
undertaking on the part of Mr. Waters to pay in.
terest must be regarded as conditional, and con-
tingent on the-event of the negociation for selling the
Opera property biking effect. It wasclear that the order
,now *shed of his Lordship world have the effect of
lettiag in Mr. Taylor's claim to a portion of the pro.
fits and emoluments derived from the public enter.
talnmeets of the theatre during the last season.—
' They submitted, that if the interest was to be paid,
might to go to the general fond, awaiting the
t-j final determination of the accounts, and not to Mr.
- ' Tiller, as against whom Mr. Waters bad recently
ton proved demands, which had been allowed by the
t-...Dtas ter more than equal to the amount of the interest
oe..
cialmetity this application.
.„„ t,The 1.401 th CVAVvzi.t.coa enquired whether thelast
llamas had teemed out a profitable one?
Bilr.lllthe replied, that he understood there bad
nitiersheei a better. However etermy they had been
.\ 4meeside the house, within all 'was Itenitibieg and
Prier/toes.
Is reply it was urged by Sir S. ROWILLT, that al-
a' litoogh Mr. Waters bed pot in new demands in the
,Imtpre of a setoff against the interest 'dee according
to his own voluntary engagement, it was clear that
' this was no answer at all ; those- demands, if equit.
shie or legal, most be added to those other liens
which Mr. Waters might have, either es mortgagee
or the personal representative of Mr. Gould upon
the 9.161hs of the purchase.money, which appeared
it present to be the property of Mr. Taylor. He
bad reason to believe that, comparatively favourable
es the last season might have beta, no profits bad
• been realised.
The Loan CgANOELLOR held Mr. Waters to be
fully bound by his offer of interest, in coesideratinn
for enlarging the period for payment of the purchase
money. This, he apprebeeded, was the tree consi-
deration of the offer, end got the faCCeas of any me.
gociations with Gentlemen of fashion. The interest
ought, therefore, in -his opinions, to be paid to Mr.
Taylor personally.
watali V. Tricot'.
1111 r. H.utT said this was an application made for
tbe'perpoie of obtaining directions to the Registrar,
to pen an order, enabling Mr. Waters to account
for the litipenditore of a Isle son of money, which
had been applied to the building of a new set of
dressing-rooms in the Opera.bense, and making
other improvements, with a view to the amelioration
of a property in which Mr. Waters was interested, toot
merely as managir but co.tenant In common. His
motion simply prayed that an Order of Court alrea-
dy made should now be executed.
Sir SAat;EL Routtx.v was prepared to object to
this order, span every principle of justice, and of
regard to the interests of the Proprietors, if the or.'
der in question was in Coen so that a proper inter-
pretation might be put on the terms In fabled it was
conceived. It was soficient for bias at present to
say, that Mr. Waters had undertaken to conduct
the ameagement, and pay every necessary espence
for 29,0001. a.year, although he now came forward
to charge sia Amami minds mere, which be, in
his great predilectioa for the establishment, bad
thought proper to expeedin the building of new dress-
ing. rooms.
The LoaD CIIIMICZLY!.011 observed, that it sp.
.pesred to bins to be a larger suns than most of his
Majesty's subjects would think of expending on
each an object. He desinpd, however, to see the
Order. a
. In another case between the same parties, -relative
sq. the proper competation of the interest on the
;petiole of Mr. Taylor's share of the purchase-money,
Ale was agreed to strange she *object of difference be.
stcompatison of accounts. ,
css.., *Main V. assets.
.1G lb. LORD aleecastwa stated, that, basing care-
.
~t telly lead lathe eflititteits in this case, he was clotr-
,-.9re of opltttliat the lunatic was riot in a slate to be
- ' Swansea at pot t. It, was imposes.
ti is, be wit, to doe*. that. the object of thine.
- , seed eat this Coosission was to have it en.
...Attired when he bedaese a kinetic, with a view of dist,
coterie* whet wood there smut for.dispeting or ;en.
tinning the validity of the..eserriage vatic* ited bests