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The Game of Ombre.

for ftakes the greater and the leffer; the laft having the fame proportion to the other as a penny to a fhilling of the greater counters, each man ftakes one for the game; and one of the leffer for paffing for the hand, when eldeft, and for every card taken in; as to the order and value of the cards, the ace of spades, called padille, is always highest trump, in whatever fuit the trump be; the manille, or black deuce is the fecond; and the bafto, or ace of clubs, is always the third: the next in order is, the king, the queen, the knave, the feven, the fix, the five, four, and three. Of the black there are eleven trumps; of the red twelve. The leaft fmall cards of the red are always the best, and the most of the black; except the deuce and red feven, both of which are called the manille, and are always fecond when the red is a trump; the red ace, when a trump, enters into the fourth place, and is called punto; otherwise it is only called an ace. The three principal cards are called mattadores, which have this privilege, that they are not obliged to attend an inferior trump when it leads; but for want of a fmall trump, the perfon may renounce trumps, and play any other card; and when they are all in the fame hand, the others pay three of the greater counters a-piece; and with thefe three for a foundation, he may count as many matadores as he has cards in an un. interrupted series of trumps: for all which, the others are to pay one counter a-piece. He who has the first hand is called ombre, and has his choice of playing the game, of naming his trumps, and of taking in as many, and as few cards as he pleases; and after him the fecond, &c. But if he does

201

not name the trump before he looks on the cards he has taken in, any other may prevent him, by naming what trump he pleases, he that has the first hand fhould neither take in, nor play, unless he has at least three fure tricks in his hand; for as he wins the game who wins most tricks, he that can win five of the nine has a fure game; which is alfo the cafe if he wins four, and can fo divide the tricks, as that one perfon may win two, and the other three.

If a perfon plays without dif carding, or changing any cards, this is called playing fans prendre; and if another wins more tricks than he, he is faid to win codille: The overfights in the course of the game are called beafts; and if the ombre wins all the nine tricks, it is called winning the vole.

In ombre by five, which many, on account of its not requiring fo fo close an attention, prefer to that by three, only eight cards a-piece are dealt; and five tricks must be won, otherwife the ombre is beafted. Here the perfon who undertakes the game after naming the trump calls a king to his affiftance, upon which the perfon in whofe hand the king is, without difcovering himself, is to affift him as a partner, and to fhare his fate. If between both they can make five tricks, the ombre wins two counters, and the auxiliary king only one; but when the counters are even, they divide them equally. If the ombre venture the game without calling in any king, this too, is called playing fans prendre; in which cafe the other four are all against him, and he must win five tricks alone, or be beafted; the rest is much the fame as by three,

* The

202

Fete of Triumph and Benevolence.

*The following Account of the Splendid Spectacle exhibited at DRURY LANE THEATRE, in honour of the Victory obtained by LORD HOWE over the French, we trust will be acceptable to our Readers.

FETE OF TRIUMPH AND BENEVO-
LENCE.

W

mental endowments. On this occafion, Mrs. Jordan fprung from her retreat with an alacrity that does credit to her heart, and though oppreffed by a cold that made her voice quite hoarfe, enchanted the houfe by her acting, in the comedy of the Country Girl; after which the new entertainment was given Mr. Cobb, with great felicity, has conceived an interefting ftory which introduces The Glorious Firft of June, with the happieft effect. A family have been reduced to the extremities of want by the death of their fon, whofe labours as a tar, contributed to their maintenance, and who had been killed in an action with the enemy fome time before the opening of the piece. His comrade William, by the double inducement of friendship and love, determines to maintain the family; and he affumes the habit of a labourer, that he may be near to watch over, defend, and fuftain them. In this fituation he is found by another companion, Robin, who upbraids. him with fkulking from his duty as a tar, at a time when his country calls him for his arm. William tells him the cause of his withdrawing himfelf, and adds that this family have not only need of his fervices to protect them from want, but from the perfecutions of a wretched attor

ITH a moft honourable zeal for the fame of the British Navy, the managers of this theatre prepared the moft fuperb and interefting fpectacle that any English theatre ever exhibited, The defign was mag nificent, and worthy the exalted mind of the proprietor of the houfe; for at the very clofe of the feafon, and when there was no means of converting it into any object of benefit for the theatre, fuch a fplendid and expenfive entertainment has been got up, as beggars both precedent and defcription. All the powers of writing, mufic, painting, fireworks, machinery, and dancing, have been combined to produce a fpectacle becoming the national theatre, on an occafion of national triumph; and to crown the whole, every fhilling of the receipts was given up (without abatement either for the particu. Jar charges of the night, or the current expences of the theatre) towards the fund for the widows and orphans of the brave failorsney, Endless, who is anxious to who fell on the firft of June. The price of the tickets to the boxes was half-a-guinea; and the house, to the upper rows, was crowded with fashion and beauty. The fete was an æra in the hif tory of the English ftage, and will be recorded as an anecdote that would of itself give celebrity to a name, whofe generofity is thus proved to be equal to his

forward his amorous views on the
daughter, by aggravating their
diftrefs in every way. Robin
owns the reafons to be good, but
fays that every thing must give
way to the call of their country;
he gives his purfe to the family,
and determines himself
in William's stead.

fight

We then come to The Glorions First of June, and fuch a scene the

theatre

The Game Laws relating to Angling, &c.

203

The scene of the rejoicing is rapturous. There are all kinds of frolics, and minth delights itfelf in a thoufand whimsical ways, truly characteristic of the buxom humor of Englishmen. The opera dancers here unite their talents with those of the regular company of Drury-lane. D'Egville has made a ballet, and with the two Hilligfbergs, Gentili, and Madame Del Caro, combine their graceful and fprightly powers to enrich the feaft, which concludes with a fire-work.

theatre never exhibited. The immenfe ftage of Drury is turned into a fea, and the two fleets are feen manoeuvring. Nothing can furpass the enchantment of this prospect. It is not the ufual trifle of pafteboard fhips. The veffels are large,, perfect models of the real fhips they reprefent, and made with fuch minute beauty, as to be worthy of a place in the moft curious collection. All the manovres of the day are executed with nautical skill; the lines are formed; they bear down on each other on the diffe- Nor is this all: feveral emirent tacks, and the action is nent perfons have thought it a fought the firing is tremendous worthy occafion to contribute -fhips are difmafted-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 fea af- fong; the Earl of Mulgrave anofords a variety which it is not ther; the prologue comes from eafy for the mind to conceive the chafte aud claffical pen of poffible for mere fcenic reprefen- Mr. Richardfon; and we are tation. The victory is obtained mistaken if we do not in many by the English, and the fcene re- parts of the dialogue trace the turns to the little interefting eloquent pen of Mr. Sheridan ftory, with which it was intro-himself. The decorations are duced. Robin enters with his arm in a fling-he finds that William has had his fhare in the action, and the family having gone to the Commodore, find that he is determined to have a general rejoicing in the village, on account of the triumph of the British flag. The thought firikes him at the fame time, that he will heighten the joy by making it contributory to benevolence, and he refolves to open a fubIcription for the benefit of the widows and orphans of the brave men who fell in the action; and this is recommended by four beautiful lines from Johnfon:

66 Yet then fhall calm reflection blefs

night,

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worthy of all the reft, and do infinite credit to the powers of the artists. While we praise the liberality and taffe which prefiaed over the whole of this beau tiful piece, we lament for the public, that the feafon is fo near a clofe as to prevent a tenth of the metropolis from feeing it.

*

*

We have been favoured with two beautiful Songs written for the occafion, by the DUKE of LEEDS and LORD MULGRAVE, which our readers will find in our Poetical Department.

The GAME LAWs relating to Ang-
LING and FRESH-WATER FISH.
NY one may erect a fifh-

"When liberality, dignified delight, Apond without licence, be

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204 The Game Laws relating to Angling, &c.

Refpecting the right and property of fish, it has been held, that where the lord of the manor has the foil on both fides of the river, it is good evidence that he has the right of fishing, but where the river ebbs and flows, and is an arm of the fea, there it is common to all, and he who claims a privilege to himself muft prove it. In the Severn, the foils belongs to the owners of the land, on each fide; and the foil of the river Thames is in the king, &c. but the fishing is common to all. Mod. 105.

prifon till he doth. . 2, 6.

The 22 and 23 C. 2, c. 29. recites that, Whereas divers idle, diforderly, and mean perfons betake themselves to the ftealing, taking, and killing of fifh, out of ponds, pools, moats, stews, and other feveral waters and rivers, to the great damage of the owners thereof, it therefore enacts, that if any perfon fhall ufe any net, angle, hair, noofe, troll, or fpear; or fhall lay any wears, pots, fish-hooks, or other engines; or fhall take any fish by any means or device whatsoever, or be aiding thereunto, in any

By the 3 Ed. 1, c. 20, If any trefpaffers in ponds be thereof at-river, ftew, pond, moat, or other tainted at the fuit of the party, great and large amends fhall be awarded according to the tref pafs; and they fhall have three years imprisonment, and after hall make fine at the king's pleasure, if they have whereof) and then fhall find good furety that after they fhall not commit the like trefpafs: and if they have not whereof to make fine, after three years imprifonment, they fhall find like furety; and if they cannot find like furety, they fhall abjure the realm. If not fue within the year and day, the king fhall have fuit.

N. B. Trefpaffers in ponds are those who endeavour to take fish therein. 2 Inft. 200.

By the 5 Eliz. c. 21, it is enacted, That if any perfon fhall unlawfully break, cut, or destroy, any head or dam of a fifh-pond, or fhall wrongfully fifh therein, with intent to take and kill fish, he fhall, on conviction at the fuit of the king, or of the party, at the affizes or feffions, be imprifoned three months, and pay tre. ble damages; and, after the expiration of the three months, fhall find fecurities for his good abearing for seven years, or remain in

water, without the confent of the lord, or owner of the water, and be thereof convicted by confeffion, or oath of one witness, before one juftice, in one month after the offence; every such offender in ftealing, taking, or killing fifh, fhall, for every fuch offence, give to the party injured fuch recompence, and in fuch time, as the juftice fhall appoint, not exceeding treble damages; and fhall alfo pay to the overfeers, for the ufe of the poor, fuch fum, not exceeding 10s. as the juftice fhall think meet: in default of payment, to be levied by diftrefs; and for want of diftrefs, to be committed to the house of correction, for any time not exceeding one month, unless he enter into bond with one furety to the party injured, not exceeding 10l. never to offend in like manner, .7.

And the juftice may take, cut, and destroy all fuch angles, spears, hairs, noofes, trolls, wears, pots, fish-hooks, nets, or other engines, wherewith fuch offender fhall be apprehended. Same ftat. f. 8.

Any person who shall think himself aggrieved, may appeal to the next feffions, whofe determi

Recent Decifion respecting an unfound Horfe.

nation fhall be final, if no title to any land, royalty, or fishery, be therein concerned. f. 9.

205

other engine aforefaid; and feize and keep the fame to his own ufe, or cut or deftroy the fame, as things prohibited by this act to be kept, by perfons of their

(To be continued.)

COURT OF KING'S BENCH.

RECENT DECISION RESPECTING
AN UNSOUND HORSE.

In the cafe of K. v. Mallinfon, M. 32, G. 2, A conviction for taking and killing fifh, not fet-degree. ting forth that the defendant had not the confent of the owner, was adjudged bad; for, by the court, the offence provided against by this act, is fealing fith; that is, taking them without the confent of the owner. But the man here is not convicted of any offence, for he is not charged with ftealing, nor even with taking and killing the fish of another perfon, or in another perfon's pond. It may be his own pond, and the fish may be his own, for any thing that is ftated to the contrary: the conviction was therefore quafhed. Burr. Manf. 679.

By the 4 and 5 W. c. 23, S. 5, 6, No perfon fhall have or keep any net, angle, leap, piche, or other engine for the taking of fish, other than the makers and fellers thereof, and other than the owner and occupier of a river or fishery; and except fishermen and their apprentices lawfully authorifed in navigable rivers. And the owner or occupier of the river or fishery, and every other perfon by him appointed, may feize, detain, and keep to his own ufe, every net, angle, leap, piche, and other engine, which he fhall find used or laid, or in the poffeffion of any perfon fithing in any river or fifhery, without the confent of the owner or occupier thereof. And any perfon authorised by a juftice's warrant, may, in the day-time, fearch the houfes, outhoufes, and other places of any person thereby prohibited to have, or keep the fame, who fhall be fufpected to have in his cuftody or poffeffion any net, angle, leap, piche, or VOL. IV. No. XXII.

FITZHERBERT V. REIDET.

TH

THIS was an action to recover back from the defendant, who is a horfe-dealer, the fum of 35 guineas, which he had recei ved for a bay horfe, which he warranted found, but which turned out to be unfound.

It appeared in evidence, that this horfe had a fancrack in the infide of the near foot; that the plaintiff obferved it before he purchafed the horse, but the defendant faid it was of no confequence. Mr. Reidet defired Mr. Fitzherbert's groom not to fhoe the horse for eight or ten days, but to give him gentle phyfic. The groom, however, took this horfe the next day to a smith of the name of Cartwright, to have him fhod; but the fmith told him he would not hoe him, as he had a very decent fancrack, and afked the groom of whom he purchased him. He told him of Mr. Reidet. In two or three days after the plaintiff purchased this horfe, the groom met the defendant in Oxford-road, who afked him how his mafter liked that horfe. The groom faid, his mafter had fome faults with him. The plaintiff returned the horse the fixth day after the purchase. The defendant refused to return the money, and faid, he should Dd

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