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![handle is hein.slavery/ssactsengr0578 and id is 1 raw text is: 5 OAR. & P. 33.
PARSONS V. CHAPMAN
865
[33] Dec. 6th, 1831.
PARSONS QUI TAM V. CHAPMAN.
(The 2nd section of the stat. 10 Geo. II. c. 28, inflicting a penalty of £50 on persons
performing, or causing to be performed, plays, &c., without letters patent, &c.,
is not repealed by the stat. 5 Geo. IV. c. 83. Proof that a party was the acting
manager of a theatre, and that he paid the salary of and dismissed one of the
performers, is sufficient proof that he caused the performances; and if he caused
the performances, it is not material whether he did so as the agent of others or not.)
Debt for penalties under the stat. 10 Geo. II. c. 28, s. 2. The first six counts of
the declaration charged, that the defendant, without authority by virtue of letters
patent, and without licence from the Lord Chamberlain, did act'a certain part in a
certain entertainment of the stage. The counts, from the seventh to the twenty-first,
charged, that the defendant did cause to be acted a certain entertainment of the
stage ; and the counts, from the twenty-second to the thirty-sixth, charged, that
he did cause to be acted a certain part in a certain entertainment of the stage (a).
Plea-Nil debet.
[34] It was proved by a witness for the plaintiff, that he went to the Tottenham
Street Theatre, on eleven of the nights mentioned in the declaration, and paid at the
door for his admission ; and that, on seven of these occasions, the defendant acted a
part in the performances. He stated the performances to have been the opera of
Guy Mannering, under the name of the Gypsy's Prophecy; Morton's comedy, a
Cure for the Heart Ache, under the name of Father and Son ; and other pieces. The
former he stated to consist of dialogue, without singing, and occasionally songs, the
dialogue taking up more time than the songs. It was also proved by Mr. Gattie, that
he had been an actor at this theatre at the times in question, and that the defendant
was the acting manager, and generally paid him his salary; and that he also dismissed
him from the theatre.
(a) The first count of the declaration stated- That the said defendant hereto-
fore, and within the space of six calendar months next before the commencement of
this suit, to wit, on the 10th March, 11 Geo. IV., in the parish of Saint Pancras, in the
county aforesaid, and within twenty miles of London and Westminster, without
authority by virtue of letters patent from his said late Majesty, or from any or
either of his said late Majesty's predecessors, and without lisence from the Lord
Chamberlain of his said late Majesty's household for the time being, or from any
other Lord Chamberlain of the King's household for the time being, and without
having obtained any such licence or authority so to do, as was and is required by the
statute in that case made and provided, and without any lawful authority whatsoever
so to do [unlawfully did act, represent, and perform, for hire, gain, and reward, a
certain part in a certain entertainment of the stage, to wit, in a certain entertainment
of the stage, called the Gipsy's Prophecy, contrary to the form of the statute in such
case made and provided, whereby], and by force of the statute in such case made and
provided, the said defendant forfeited for his said offence the sum of £50; and
thereby and by force of the said statute, an action hath accrued to the said plaintiff
(who sues as aforesaid), to demand and have of and from the said defendant, as
well for himself the said plaintiff as for the said poor of the said parish, the said sum
of £50, so forfeited as aforesaid, parcel of the said sum above demanded.
The next five counts merely varied in the names of the pieces performed.
The seventh count was exactly similar, substituting the following for the words
within brackets- unlawfully did cause to be acted, represented, and performed for
hire, gain, and reward, a certain entertainment of the stage, to wit, a certain other
entertainment of the stage, called Who Rules, or the Sultan and the Slave ; contrary
to the form of the statute in such case made and provided, and whereby-
The next fourteen counts merely varied in the names of the pieces performed.
The twenty-second count was similar, substituting the following words for those
within brackets in the first count- unlawfully did cause to be acted, represented,
and performed, for gain and reward, a certain part in a certain entertainment of the
stage, to wit, in a certain entertainment of the stage, called Who Rules, or the Sultan
and the Slave; contrary to the form of the statute in such case made and provided,
whereby-
The remainder of the counts merely varied in the names of the pieces performed.
N. P. 1m.-28](ViewImageLocal?handle=hein.slavery/ssactsengr0578&div=1&collection=&method=preview&ext=.png&size=3)