14 Before the Vice-Chancellor Sir W. P. WOOD. CAUSES, &c. Simpson v. Brown (M D) Hanmer v. Chance (M D) Wilson v. Bullivant (M D) Fisher v. Moon (M D) Higgins v. Edgell (M D) Onions v. Cohen (M D) Blackett v. Bates (D) Payne v. Parker (M D) Neuville r. Laneuville (D) Allan v. Scott (M D) Goucher . Clayton (M D, } witnesses to be cross-ex.) Challinor v. Bowen (M D) Defries v. Levy (M D) Stepney v. Biddulph (Cause) Catlow v. Catlow (F C) Smith v. Lewis (M D) Mostyn v. Mostyn (F C) Finch v. Burden (M D) town Railway Co. (M D) Tucker v. Burrow (Cause) Searby v. Tottenham & Hampstead Junction Railway Co. (M D) Koch v. M'Lean (Cause) Eastlake, Knt., v. Eastlake (M D) Wriford v. Wriford (M D) Dilley v. Matthews (F C) Perrott v. Hamilton (F C) Edwards v. Edwards (F C) Alexandre v. Wallis (M D) Locock v. Smyth (M D) Wright v. Peyton (Cause) Dean v. Handley (M D) Dowle v. Saunders (F C) Goold v. Great Western Deep Coal Co. (Limited) (M D) Great Western Deep Coal Co. (Limited) v. Goold (M D) Morton v. Elliott (FC) Rabbetts v. Woodward (MD) Tate v. Williamson (M D) Davenport v. Goldberg (M D) Davenport v. Philips (M D) Horsey v. Mott (MD) Triston v. Winter (M D) Wilkinson v. Wilkinson (MD) Hanbury v. Wood (M D) Davis v. Shepherd (M D) Grainger v. Wright (Cause) Tribute v. Rose (M D). AT Marlborough-street, Mr. Tyrwhitt gave his judgment in the proceedings against Mr. Strange, of the Alhambra, for a breach of the Theatres Act, by representing ballets on the stage. Mr. Poland appeared for Mr. Strange, and Mr. Roberts attended for the plaintiffs, Mr. H. Wigan and others. Mr. Tyrwhitt said-I have considered the evidence, with the statutes and decided cases. The summons charges an offence against the Theatres Act, 6 & 7 Vict. c. 68, s. 2, in keeping the Alhambra, a place of public resort, for the public performance of "stageplays," without the license of the Lord Chamberlain. And by sect. 23 the word "stage-play" includes, among other dramatic representations, "pantomime or other entertainment of the stage," all of them being illegal in the metropolis without the Lord Chamberlain's license. Now, the Alhambra is admitted to be a place of public resort, unlicensed by the Lord Chamberlain, but licensed for music and dancing by the county justices, under the 25 Geo. 2, c. 36. The facts relied on to support the charge are shortly these:-At the Alhambra, a place of entertainment and refreshment, a stage is fitted up, with all the usual adjuncts of a regular theatre, viz. places for receiving various charges for admission, a tableau curtain, footlights, and orchestra, set and side scenes, with drops and flies. There are also boxes, called balconies, for spectators, but what would be the pit in a theatre is here appropriated to tables for persons taking refreshments. The performance in question began with the descent of some forty to sixty women, draped in the theatrical costume of ballet dancers, from some high rocks built up at the back of the stage. They came down by a winding path, along what was said, and not denied, to be a real stream of water, to the stage. Some had wands, and others palm branches, and others daggers. Some remained grouped on the rocks, but the greater part danced on the stage to the music of a full orchestra, performing the evolutions of a ballet, stated to have been produced some time before in a pantoBut the serious bumime at Drury-lane Theatre. siness or incident represented by action seems to have been the attack of some imaginary enemy, who seemed to be put to death by some of the daggers on the floor. Mr. Donne, an experienced inspector of theatres, from the Lord Chamberlain's office, described the action as being pantomime accompanied by dancing, and thought that a story, though a vague one, was acted; that there was an engagement, and some resistance, then some expression of triumph, and in the end a reconciliation brought about by the chief dancer. The whole scene seems to have taken np from half to three-quarters of an hour. As it appeared only to comprise one act, the artistes who were examined styled it a ballet divertissement, agreeing, however, that this last could only be represented as such on a stage, with all theatrical accessories, and could in no case exist without pantomime-viz. pantomimic action. In this last tenet Mr. Donne agreed. The artists also said that ballets were composed, and that these compositions-viz. the directions for setting them on the stage, could be put in writing, so as to send a to the Lord Chamberlain, under sect. 12 of the Theatres Act, 6 Vict., as, I apprehend, the acknowledged pantomime is or may be sent. It seems to be agreed on all hands that pantomime is the expression of feeling or incident by gestures without words, and it is difficult to see how diversifying or mixing up pantomime with another sort of wordless actiondancing-makes incident expressed without words less pantomime than if exhibited without the dancing; and, after much consideration of this slippery subject, I think that on these facts pantomime was the core copy 66 and gist of the performance, while the dancing was merely a graceful accessory or relief to it. Now, as to the law, I must take it that pantomime, as above described, existed in all time, or, at all events, in the 10 Geo. 2 and the 25 Geo. 2, the years 1737 and 1751, though not mentioned in either of the acts, 10 Geo. 2, c. 28, and 25 Geo. 2, c. 36. It is very possible that the only dancing contemplated by the Legislature in the 25 Geo. 2, c. 36, was dancing by the visitors of the public places to which licenses for music and dancing were to be granted, and did not contemplate the exhibition of hired dancers there, much less that of pantomimic action by any one. However that may be, the Theatres Act, 6 Vict., on which the summons proceeds, does include pantomime" in the catalogue of those stage-plays which in London and Westminster are illegal without the Lord Chamberlain's license; then this last enactment extends expressly the necessity for such license to a performance which might, perhaps, have been before untouched by the 10 Geo. 2 or the 25 Geo. 2, unless reached by the words "other entertainment of the stage," in the 10 Geo. 2, c. 28, s. 2, or the words "other public entertainent of the like kind," in the 25 Geo. 2, c. 36, s. 2 -namely, those of a like kind with dancing and music only. This brings me to the remaining question, whether, supposing this public dancing by hired artists had not been accompanied by palpable pantomime, it was an entertainment of the stage," for which, since the 6 Vict., if taking place in the metropolis, a Lord Chamberlain's license was required? And it seems to me, that dancing in this place of public resort by hired dancers in theatrical dresses, on a stage fitted up with the music, lights, and scenery used for performing ballets at a theatre, cannot be less "an entertainment of the stage," because such dancing in fancy dresses in a private house would not be such an entertainment. Let us observe the subjects comprised in the 10 Geo. 2, c. 28, s. 2. They are "interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage." Those in the 25 Geo. 2, c. 36, s. 2, are "public dancing, music, or other public entertainment of the like kind." Those in the 6 Vict. c. 68, s. 2, the Theatres Act, are "tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomime, and other entertainments of the stage" (the same words which occur in the 10 Geo. 2). Now, according to Rex V. Handy (6 T. R. 286), tumbling and fencing are not within these latter words in the 10 Geo. 2; and Lord Kenyon there reviewed his decision in Gallini v. La borie (5 T. R. 242), in which he had, inter alia, declared public dancing to be an "entertainment of the stage," within the 10 Geo. 2. He said, that if he had stated in Gallini v. Laborie that these words extended to every species of stage entertainments-e. g. tumbling or fencing-he was mistaken. But in that close review of Gallini v. Laborie within so short a time after it occurred, he does not recall his opinion. Whether Lord Kenyon, in Gallini v. Laborie, was considering public dancing taken simpliciter, under the 25 Geo. 2, or public dancing on a stage at the Opera House in a ballet, accompanied by pantomime action, he was dealing with hired dancing accompanied by theatrical adjuncts, and in so dealing spoke of it as an "entertainment of the stage." Gallini v. Laborie was canvassed in De Begnis v. Armistead (10 Bing. 107), without disapproval. I have minutely examined the above cases cited at the hearing, because the argument that the words "entertainment of the stage," as following tragedy, &c., in the 6 Vict., are said not to apply unless ejusdem generis with the preceding words, including pantomime, and the original case on the subject. The Archbishop of Canterbury's case (2 Rep. 46), with Sandiman v. Breach (7 B. & Cr. 96), and Ex 14 parte Hill (3 Car. & P. 225), were cited. Lord Kenyon's dictum shews that the general words "entertainment of the stage," in the 10 Geo. 2, were, in his opinion, ejusdem generis with interlude, tragedy, &c., there preceding them, and which words reappear under similar collocation in the 6 Vict. Lawyers have always held his opinion in great respect, and I entirely concur with it. I also take it that the general purview of the Theatres Act (6 Vict.) was to impose stricter licensing requisites on dramatic exhibitions in places of public resort, and to confine public performances of a kind usually represented at theatres to theatres licensed as such in town and country. This view seems sanctioned, as to the rule of construction of ejusdem generis, by the late case of Doggett v. Catterns (2 Just. P. 818-824). The Court of Common Pleas then considered the Betting Act (16 & 17 Vict. c. 119), and seem to have regarded the primary object of that act in construing and giving general effect to general words following particular words in a statute. On the whole, I hold the exhibition in question to have so far partaken of pantomime as to come within that word in the Theatres Act; and also, that if it had not so partaken, it was still, under all circumstances, an entertainment of the stage within that act. I convict the defendant in a mitigated penalty of 31. 18., and with the less reluctance, as he has an opportunity of reversing my decision on appeal to the quarter sessions. I do not think it is a case for costs. Sureties were tendered and taken for the purpose of the appeal. NATIONAL ASSOCIATION FOR THE PROMOTION OF SOCIAL SCIENCE.-The fifth meeting of the Department of Jurisprudence and Amendment of the Law will be held at 1, Adam-street, Adelphi, on Monday next, the 16th inst., when a report will be presented Dr. Waddilove's paper, "On the Amendment of the from the standing committee of the department, on Law of Evidence." Rev. Nash Stevenson, M. A., "On the Probate and A paper will also be read by the Succession Duty levied on Property left under General Power of Appointment." Sir Fitzroy Kelly, Q. C., M.P., will take the chair at eight o'clock. 1864.-The Hon. George Denman, Q. C., M. P., in the MINUTES OF THE LAST MEETING.-Monday, Dec. 19, chair. The minutes of the last meeting were read and confirmed. titled "A Proposal for amending the Laws affecting Mr. Serjeant Pulling read a paper, inJurymen." A discussion took place, in which Mr. Edgar, Mr. Clark, and Mr. Hall took part. It was moved by Mr. Daniel, Q. C., and seconded by Sir J. Eardley "that Mr. Serjeant Pulling's paper be received, and printed and circulated among the memWilmot, Bart., bers." A further discussion followed, in which Mr. F. Hill, Mr. Teulon, Mr. Dunn, Mr. Rew, the Chairman, and Mr. Burch-Rosher took part; after which the motion was put and carried. ADMISSION OF ATTORNEYS.-There are 134 applications for admission during the present term, besides 70 renewed applications and for readmission. The number of attorneys on the roll is about 10,000. LIABILITY OF BANK DIRECTORS.-A case of great interest to joint-stock banks in Scotland has occupied the attention of the Lord President of the Court of Session and a jury, at Edinburgh, for several days past. A Mr. Addie, who had taken shares in the now defunct "Great Western Bank" of Glasgow, and had paid up several calls, brought an action against the liquidators for recovery of all the moneys he had paid, on the ground that he had been induced to take the shares and pay the calls by the false and fraudulent reports as to the state of the bank put forth from time to time by the directors and their manager, which was resisted on the ground that he was not entitled in point of law to recover on such grounds; or that, if he were, he had barred his claim by his subsequent conduct. The Lord Advocate was engaged for the pursuer, and the Solicitor-General for Scotland for the liquidators. A great many witnesses were examined, and the inner history of the bank was traced out almost from its commencement to the hour of its stopping payment. On Tuesday the Lord President summed up, and his finding was objected to, of course, on op STEPHEN ON PLEADING.-Sixth Edition, posite grounds, by both parties. The jury, after deli-A TREATISE on the PRINCIPLES of PLEAD berating three quarters of an hour, returned a verdict for the pursuer, thus entitling him to recover, including interest, the sum of 35,5617. 108. 11d. A SOLICITOR RECEIVING A STOLEN WATCH AS A FEE. At the Liverpool Police Court on Tuesday, a man named Thomas James, was charged with being concerned, with his brother, in robbing a Mrs. Johnson, in December last, of a silver watch and several other articles. James's brother was apprehended and sent for trial to the sessions, but the present prisoner, desirous of having counsel for his brother, employed Mr. Brown, an attorney, to whom he gave a silver watch as a fee. This proved to be the watch stolen from Mrs. Johnson, who, on learning that Mr. Brown had the watch, applied to him for it. He refused unless ING in CIVIL ACTIONS; comprising a Summary Account of the whole Proceedings in a Suit at Law; being a Sixth Edition of Mr. Serjeant Stephen's Work under that title, with Alterations adapting it to the Present System. By JAMES STEPHEN and FRANCIS F. PINDER, Barristers at Law. V. & R. Stevens, Sons, & Haynes; H. Sweet; and W. Maxwell. BY AUTHORITY. Price 98. cloth boards, PROCE WALL and DEVON. Containing the New Rules and Orders for on the Power of the Court in relation to Mining Associations and PartH. Sweet, 3, Chancery lane, Fleet-street; and V. & R. Stevens, Sons, & Haynes, 26, Bell yard, Lincoln's-inn. paid his fee. These facts transpired during the hear-T COMPANIES, including the Statutes of 1860 and 1862, with THRING'S LAW OF JOINT-STOCK COMPANIES. HE LAW and PRACTICE of JOINT-STOCK Notes, and the Forms required in making, administering, and winding liamentary Counsel to the Home Office. In 2 vols. 12mo. Price 188. up Company. 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