§ Mr. T. Duncombe moved for leave to bring in a bill to repeal so much of the 10th George 2nd, c. 28, as relates to common players of interludes, and to make other provisions in lieu thereof. He had framed his bill partly on account of the severity 966 with which the statute of George 2nd had been lately enforced at Liverpool. The same thing had been done here twenty-two years ago, when the proprietors of the patent theatres summoned the managers of the minor theatres to Bow-street, where the magistrates refused to inflict the penalties, but upon application to the Court of King's Bench, Lord Ellenborough said, that the magistrates had no discretion under the act, and that the full amount of penalties must be inflicted—that was to say, 50l. for every night that an actor acted without a license, or six months' imprisonment; one-half of the penalty to go to the informer, the other half to the parish. At present the magistrate had no discretion, but must inflict the whole of this very heavy penalty, nor had the Crown any control as to the imprisonment. He proposed to give the magistrates some discretion, and the Crown some control.
§ Leave was given.
§ The House adjourned at a quarter past one o'clock.