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The Green Bag.

. the price when admission is refused the trans feree. (Parcell v. Daly, 19 Abb. [N.Y.] N. Cas. 3 10.) The lessee of a private box at a theatre may be taxed in respect thereof when the law allows a rate to be laid on every per son who inhabits, holds, occupies, possesses or enjoys any building, tenement or hered itament, and that although the proprietors of the theatre are also taxed. (Reg. v. St. Martins-in-the-Fields, 3 Q.B. 204.) Sometimes theatre-goers feel compelled to give expression in a strong way to their ideas anent the performers, and sometimes the managers do not like what is said or done and ask the opinion of the courts in the matter. Gertrude Mara was engaged at great expense at Ashley's theatre.: Mr. Harrison published some libels about her, so that she refused to sing, fearing she would be hissed and ill-treated. The hopes of his gains being gone, Ashley took the advice of the town clerk at Ephesus, availed himself of the open law, found deputies and impleaded with Harrison. But Kenyon C.J., thought the injury complained of was too remote, and said the action would not lie; although he considered that if Madame Mara felt injured, she herself might sue successfully. (Ashley v. Harrison, 1 Esp. 48.) Neri went further than did Harrison; he thrashed Breda, a singer engaged by Taylor; Taylor complained of the act per quod servitium amisit; but got noth ing. (Taylor vs. Neri, 1 Esp. 386.) Such extreme measures as the above should seldom be used. However, " the theatre-going public have a right to ex press their free and unbiased opinions on the merits of the performers who appear on the stage." This judgment was drawn out by Gregory, who in 1843 was playing Hamlet at Covent Garden Theatre; the Duke of Bruns wick and others of the audience hooted, hissed, groaned, yelled and made such an uproar that it was to all intents and pur poses the tragedy of Hamlet with the Prince of Denmark left out; Gregory could not be

heard, understood or appreciated. The actor sued for £5000 damages, but the defendant got the verdict,, and the plaintiff naught but the expression of judicial opinion above quoted, with the rider that parties have no right to go to a theatre and by a precon certed plan make such a noise that an actor, without any judgment being formed of his performance, should be driven from the stage; and if two persons are shown to have laid such a plan to deprive a would-be actor of the benefits which he expected to result from his appearance on the stage, they are liable to an action for a conspiracy. (Greg ory v. Duke of Brunswick, 1 C. & K. 24.) Sir James Mansfield, some forty years before this had said : " If any body of men were to go to a theatre-with the settled intention of hissing an actor, or even of damning a piece, there can be no doubt that such a precon certed scheme would amount to a conspiracy and that the persons concerned might be punished." (Clifford v. Brandon, 2 Camp. 358-) (This is a parenthesis and may be skipped without any injury to the reader. By the way, this case of Clifford, Esq., is rather in teresting. It appears that on the evening of the arrest for which he brought his action, this gentleman, of great eminence at the Bar, went to Covent Garden Theatre; a good deal of noise and confusion had pre vailed there for several nights because the prices of admission had been raised and the public had been excluded from the private boxes that had been let for the season. Lord Campbell tells us that on the occasion in question, the performance on the stage was inaudible, the spectators sometimes stood on the benches and at other times sat down with their backs to the perform ers; during the acts " God Save the King" and " Rule Britannia " were sung by persons in different parts of the house; horns were blown, bells were rung and rattles were sprung, placards were exhibited urging re sistance to the oppression of e managers:

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