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for stakes: the greater and the not name the trump before he lefler; the last having the same looks on the cards he has taken proportion to the other as a penny in, any other may prevent him, to à fhilling: of the greater by naming what trump he pleases, counters, each man stakes one he that has the first hand should for the game; and one of the neither take in, nor play, unless lesser for paffing for the hand, he has at least three sure tricks when eldeft, and for every card in his hand; for as he wins the taken in; as to the order and va. game who wins most tricks, he lue of the cards, the ace of spades, that can win five of the nine has called (padille, is always highest a fure game ; which is also the trump, in whatever fuit the case if he wins four, and can so trump be; the manille, or black divide the tricks, as that one perdeuce is the second; and the bafto, son may win two, and the other or ace of clubs, is always the three. third ; the next in order is, the If a person plays without difking, the queen, the knave, the carding, or changing any cards, seven, the fix, the five, four, and this is called playing sans prenoire ; three. Of the black there are and it another wins more tricks eleven trumps; of the red twelve. than he, he is said to win codille: The least small cards of the red The oversights in the course of are always the best, and the most the game are called beasts; and if of the black; except the deuce the ombre wins all the nine and red seven, both of which are tricks, it is called winning the called the manille, and are always vole. Second when the red is a trump; In ombre by five, which many, the red ace, when a trump, enters on account of its not requiring into the fourth place, and is so close an attention, prefer to called punto; otherwise it is only that by three, only eight cards called ani ace. The three prina-piece are dealt; and five tricks cipal cards are called mattadores, i must be won, otherwise the om. which have this privilege, that bre is beasted. Here the person they are not obliged to attend an who undertakes the game after inferior trump when it leads ; naming the trump calls a king to but for want of a small trump, his assistance, upon which the the person inay renounce trumps, person in whose hand the king is, and play any other card; and without discovering himself, is when they are all in the same to assist him as a partner, and to hand, the others pay three of the share his fate. IF between both greater counters a-piece; and they can make five tricks, the with these three for a founda. ombre wins two counters, and tion, he may count as many ma the auxiliary king only one; but tadores as he has cards in an un. when the counters are even, they interrupted series of trumps : for divide them equally. If the omall which, the others are to pay bre venture the game without one counter a-piece. He who calling in any king, this too, is has the first hand is called ombre, called playing fans prendre; in and has his choice of playing the which case the other four are all game, of naming his trumps, and against him, and he must win of taking in as many, and as few five tpicks alone, or be beasted ; cards as he pleases; and after him the rest is much the same as by she fecond, &c. But if he does / three,

* The

202

Fete of Triumpb and Benevolence.

LENCE.

WTH for the fame of the creating intory which introduces

*.* The following Account of the mental endowments. On this oc. Splendid Spectacle exhibited at cafion, Mrs. Jordan sprung from DRURY LANE THEATRE, in her retreat with an alacrity that honour of the Victory obtained by does credit to her heart, and LORD Howe over the French, though oppressed by a cold that we trust will be acceptable to our made her voice quite hoarse, enReaders.

chanted the house by her acting,

in the comedy of the Country Girl; FETE OF TRIUMPH AND BENEVO. after which the new entertain.

ment was given: Mr. Cobb, witb ITH moft

great felicity, zeal for the fame of the teresting story British Navy, the managers of I he Glorious First of June, with the this theatre prepared the most happiest effect. A family have fuperb and interesting spectacle been reduced to the extremi. shat any English theatre ever ex ties of want by the death of hibited. The design was mag;

their son, whose labours as a tar, nificent, and worthy the exalted contributed to their maintenance, mind of the proprietor of the and who had been killed in an house; for at the very close of action with the enemy some time the season, and when there was before the opening of the piece. no means of converting it into His comrade William, by the any object of benefit for the the double inducement of friend thip atre, such a splendid and expen and love, deternines to maintain five entertainment has been got the family; and he assumes the up, as beggars both precedent habit of a labourer, that he may and description. All the powers be near to watch over, defend, of writing, music, painting, fire and sustain them. In this situ. works, machinery, and dancing, ation be is found by another have been combined to produce companion, Robin, who upbraids a spectacle becoming the national him with Ikulking from his duty theatre, on an occasion of na

a tar, at a time when his tional triumph; and to

country calls him for his arm. the whole, every thilling of the William tells him the cause of his receipts was given up (without withdrawing himself, and adds abatement either for the particu. that this family have not only Jar charges of the night, or the need of his services to protect Current expences of the theatre) them froin want, but from the towards the fund for the widows persecutions of a wretched attor. and orphans of the brave failors

ney, Endless, who is anxious to who fell on the first of June. forward his amorous views on the The price of the tickets to the daughter, by aggravating their boxes was half-aguinea; and distress in every way.

Robin the house, to the upper rows, was owns the reasons to be good, but crowded with fathion and beauty says that every thing must give The fete was an æra in the his. way to the call of their country ; tory of the English ftage, and he gives his purse to the family, will be recorded as an anecdote and determines himself fight shat would of itself give celebrity in William's stead. io a name, whore generosity is We then come to The Glorious thus proved to be equal to his First of June, and such a scene the

theatre

as

Crown

The Game Laws relating to Angling, &c.

203

theatre never exhibited. The The scene of the rejoicing is immense stage of Drury is turned rapturous. There are all kinds into a sea, and the two fleets are of frolics, and minth delights it. feen manæuvring. Nothing can

self in a thousand whinsical ways, Surpass the enchantment of this truly characteristic of the buxom prospect. It is not the usual humoar of Englishmen. The trifle of pasteboard ships. The opera dancers here unite their ta. vessels are large,, perfect models lents with those of the regular of the real thips they represent, company of Drury-lane. D'Egand made with such minute ville has made a ballet, and with beauty, as to be worthy of a place the two Hilligfbergs, Gentili, and in the most curious collection. | Madame Del Caro, combine All the manævres of the day their graceful and sprightly powe are executed with nautical skill; ers to enrich the feast, which the lines are formed; they bear concludes with a fire-work. down on each other on the diffe Nor is this all: several emi. rent tacks, and the action is nent persons have thought it a fought--the firing is tremendous worthy occafion to contribute -hips are difmasted-boarded, their aid to the national fete. taken, funk, as on the real occa The Duke of Leeds writes one fion, and the expance of sea af- fong; the Earl of Mulgrave anofords a variety which it is not ther; the prologue comes froin easy for the mind to conceive the chaste aud classical pen of poffible for mere scenic represen- Mr. Richardson; and we are tation. The victory is obtained mistaken if we do not in many by the English, and the scene re

parts of the dialogue trace the to the little interesting eloquent pen of Mr. Sheridan itory, with wliich it was intro- | himself, - The decorations are duced. Robin enters with his worthy of all the rest, and do arm in a sing he finds that Wil. infinite credit to the powers of liam has had his share in the the artists. While we praise the action, and the family having liberality and taste which prefigone to the Commodore, find that ded over the whole of this beau. he is determined to have a gene tiful piece, we lanient for the ral rejoicing in the village, on public, that the season is so near account of the triumph of the à close as to prevent a tenth of British Aag. The thought strikes the metropolis from feeing it. him at the same time, that he

* We have been favoured with will heighten the joy by making

two beautiful Songs written for it contributory to benevolence,

the occahon, by the Duke of and he resolves to open a sub Leeds and LORD MULGRAVE, Icription for the benefit of the

which our readers will find in widows and orphans of the brave

our Poetical Department. men who fell in the action; and this is recommended by four beautiful lines from Johnson:

The GAME Laws relating to ANG

LING and FREŚH-WATER FISH. " Yet then shall calm reflection bless

the night,

« When liberaienty, dignified delight, A pond without licence

, be

16 When Pleasure fir'd her torch at

Virtue's flame, 5 And mirth was bounty with an huma'

bler name, "

cause it is a matter of profit, and for the increase of vi&tuals, 2 Ing. 199.

Respect.

204

The Game Laws relating to Angling, &c.

Respecting the right and pro. prison till he doth. 1.2, 6. perty of fish, it has been held,

The 22 and 23 C. 2, c. 29. rethat where the lord of the manor cites that, Whereas divers idle, has the soil on both sides of the disorderly, and mean persons beriver, it is good evidence that he take themselves to the stealing, has the right of fishing, but taking, and killing of fish, out where the river ebbs and flows, of ponds, pools, moats, ftews, and is an arm of the sea, there it and other several waters and ri. is common to all, and he who vers, to the great damage of claims a privilege to himself must the owners thereof, it therefore prove it. In the Severn, the enacts, that if any person Mall soils belongs to the owners of the use any net, angle, hair, noose, laud, on each side; and the foil troll, or spear ; or shall lay any of the river Thames is in the wears, pois, filh-hooks, or other king, &c. but the fishing is com- engines; or mall take any filh by mon to all. i Mod. 105.

any means or device whatloever, By the 3 Ed. 1, c. 20, If any or be aiding thereunto, in any trespassers in ponds be thereof ai. river, stew, pond, moat, or other tainted at the suit of the party, water, without the consent of the great and large amends thall be lord, or owner of the water, and be awarded according to the tres. thereof convicted by confession, país; and they shall have three or oath of one witness, before years imprisonment, and after one justice, in one month after Mall make fine at the king's the offence; every such offender pleasure, if they have whereof) in stealing, taking, or killing and then fhall find good surety fith, shall, for every such offence, that after they shall not commit give to the party injured such the like trespass: and if they recompence, and in such time, have not whereof to make fine, as the justice fhall appoint, not after three years imprisonment, exceeding treble damages; and they shall find like surety; and fhall also pay to the overseers, if they cannot find like surety, for the use of the poor, such they shall abjure the realm. If fum, not exceeding 105. as the not sue within the year and day, justice shall think meet: in dethe king shall have suit.

fault of payment, to be levied by N. B. Trespallers in ponds are distress; and for want of distress, those who endeavour to take fith to be comunitted to the house of therein. 2 Inft. 200.

correction, for any time not exBy the 5 Eliz. c. 21, it is ceeding one month, unless he enacted, That if any person shall enter into bond with one surety unlawfully break, cut, or destroy, to the party injured, not exceedany head or dam of a fish-pond, ing iol. never to offend in like or shall wrongfully filh therein, manner, f. 7. with intent to take and kill fish, And the justice may take, cut, he shall, on conviction at the fuit and destroy all such angles, spears,

the king, or of the party, at hairs the aflizes or seffions, be impri- fifh-hooks, néts, or other engines, soned three months, and pay tre. wherewith such offender shall be ble damages; and, after the ex. apprehended. Same ftat. . 8. piration of the three months, shall Any person who shall think find securities for his good abear himself aggrieved, may appeal to ing for seven years, or remain in the next sessions, whose determi.

nation

Recent Decision respecting an unfound Horse.

205

the owner.

RECENT DECISION

AN UNSOUND HORSE.

FITZHERBERT V. REIDET.

TH.

nation thall be final, if no title to other engine aforesaid; and seize any land, royalty, or fishery, be and keep the fame to his own therein concerned. f. 9.

use, or cut or destroy the same, In the case of K. v. Mallinson, as things prohibited by this act M. 32, G. 2, A conviction for to be kept, by persons of their taking and killing fith, not fet-degree. ting forth that the defendant had

(To be continued.) not the consent of the owner, was adjudged bad; for, by the court, the offence provided against by this act, is jealing fish; that is,

COURT OF KING'S BENCH. taking them without the consent of But the man here is

RESPECTING not convicted of any offence, for he is not charged with stealing, nor even with taking and killing ihe fish of another person, or in

THIS was an action to recover another person's pond. It may back from the defendant, be his own pond, and the fish may who is a horse-dealer, the sum of be his own, for any thing that is 35 guineas, which he had recei. stated to the contrary: the con ved for a bay horse, which he vi&tion was therefore quashed warranted found, but which Burr. Manf. 679.

turned out to be unsound. By the 4 and 5 W.c. 23, f. 5, It appeared in evidence, that 6, No person fhall have or keep this horse had a fancrack in the any net, angle, leap, piche, or inside of the near foot; that the other engine for the taking of plaintiff observed it before he fish, other than the makers and purchased the horse, but the desellers thereof, and other than fendant said it was of no confe. the owner and occupier of a river quence. Mr. Reidet desired Mr. or fishery; and except fishermen Fitzherbert's groom not to shoe and their apprentices lawfully au the horse for eight or ten days, thorised in navigable rivers. but to give him gentle phylic. And the owner or occupier of The groom, however, took this the river or fishery, and every horse the next day to a smith of other person by him appointed, the name of Cartwright, to have may seize, detain, and keep to him fhod; but the smith told him his own use, every ne

angle, he would not loe him, as he leap, piche, and other engine, had a very decent sancrack, and which he fall find used or laid, asked the groom of whom he or in the possession of any person purchased him. He told him of fithing in any river or fishery, Mr. Reidet. . In two or three without the consent of the owner days after the plaintiff purchased or occupier thereof. And any this horse, the groom met the person authorised by a justice's defendant in Oxford-road, who warrant, may, in the day-time, asked him how his master liked search the houses, outhouses, and that horse. The groom said, his other places of any person thereby master had some faults with him. prohibited to have, or keep the The plaintiff returned the horse Tame, who shall be suspected to the sixth day after the purchase. have in his custody or possession The defendant refused to return any net, angle, leap, piche, or the money, and said, he mould VOL.IV. NO.XXII.

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