The Express.
London, England, 1860-12-06 00:00:00

EXPRESS FROM PARIS.

(FROM 01111 OWN

PARIS, WEDNESDAY EVENING.

Count de Persiguy—who only arrived late last
night from London—has taken possession of the
Ministry of the Interior, and " assisted " this morn-
ing at a 'ministerial council, presided over by the
Emperor. The three talking ministers (without
portfolios)—MM. Billanit, Magne, and Baroche
—were present.
I don't know whether any importance is to be
attached to the terms in which the "Latest News "
of the Pays announces the advent of the new

Minister of the Interior. This journal says :

Every one knows in what an eminent degree the Count
de Peraigny has always represented the fundamental prin-
ciple of imperial institutions and his chivalrous devotion to
the Emperor's person. He has never been wanting to the
splendid motto, which the King of Bohemia, killed at
Crony, chose for the House of Peers, "I serve." in Eng-
land the Count de Persigny represents an idea not less im•
portent—pesos based upon the English alliance. These
sentiments, which, it will be remembered, were expressed
in X de Parsley's last speeches in England, will "facilitate
and render efficacious" (sic) his return to that ministry in
which he left mach happy traditions.

Upon the question lately much discussed whether
there is to be a dissolution of the Corps Legislatif
as a consequence of the decree of Nov. 24, the
Independence says that Persigny is for the measure
and Morny against it. It is remarked that the
Conetitutionnel, in a second article, is some-
what less positive in its contradiction of
the rumour of a dissolution. It now merely
says, what is very true, that the decree does not
" neceaaitate "an appeal to the country. But
apropos of this argument, it is reminded by the
Presae that only a few days ago it congratulated
the Emperor on having gone before public opinion,
and therefore it cannot expect him to wait upon
"necessity." M. Gueroult,in the Opinion Nationals,
very well observes that, in the present state of un-
certainty as to what may be the real import of the
decree of November 24, a dissolution is not to be
desired by the liberal party ; it is better to wait to
see how the new inatitutions work.

A funny canard is published by the Sport. Ac-
cording to this sporting authority, the Emperor, as
soon as he shall have completed his history of
Julius Caner. intends to present himself as a can-
didate for the French Academy upon the strength
of it. By way of rendering this news feasible it is
remarked that the first Emperor, when General
Bonaparte, was elected to the Institute. But the
pretendei precedent is nothing worth. Between a
general and an Emperor there is an abyss. More-
over, it is well known that there does not exist in
France a body of men more hostile to the Emperor
and his policy than the Academie Francaise. His
expression of a wish to be a member of the envied
forty could only mean their extinction.
The Bourse to-day was excessively dull, and
towards the close the Rente, without any particular
reason, experienced • considerable fall. The last
Iprices were 70fr. 40c. and 70tr. 130 c., being a decline
of 20c. and 10c. Mobilier fell 10fr. The Orleans
Railway fell Mr., but the other lines were only
a shade lower.

The Empress is not expected in Paris till the
10th ; it is said that she will return by way of the
Hague.
I hear that the representation of a new drama by
M. Mocquard, Lea Massacres de Syrie, has been
stayed at the last moment, out of courtesy to the
Ottoman government, it being considered that the
allusions to certain Turkish functionaries were too
transparent

GARIBALDI AND MN. MANON JONES. —Mr. Mason
Jones, the Irish orator in delivering en 'Aldred., on Gari-
baldi at Leamington last (Wednesday) evening, said he had
the honour of bearing to the English public •
message from the hero himself. Garibaldi, in
bidding him adieu at Caserta, said :—" I should take it as
au eepecial favour if, in all your communications with
your fellow-countrymen, you would express the deep and
eternal gratitude I feel to Englishmen for the morel aid
and material support they have given myself and Italy
in the great struggles in which we have been engaged,fand
should Italy become united and independent, England may
always reckon upon her alliance—an alliance which frill not
he so ex_pensive as those of some other lands."
AN ENOLINH SINGItIt IN ITALY.—The following is
one of many notices of the sneer= of our fair country-
woman, Miss Whitty, at the Opera in Milan, which have
appeared in the Milan L.mtordia and the Wan Gazetta:—
.• Yesterday was given the Barber of Seri& with a perfec-
tion of execution seldom beard on the stage of our groskat
theatre. This could not be otherwise, whoa the parts were
confided to the artistic intelligence and prodigious throats of
n Witty (Whitty), a Steixhi Bottardi, and a RonooaL
They did not sing the smallest branch of that divine music
without being two and three times recalled ; in fact the
liar/lime was yesterday evening one applause, one ovation.
Steochi sustained his well-mented reputation : Roneoni be-
trayed • talent superior to every eulogiuin,. and played
the part of Figaro, both in singing and acting, to
make it appear a novelty—a creation whose origi-
nality was all and entirely his own. The Witty,
who appeared in the Cenerratole, the humble, mortified,
and ill-treated child of the ashes, became in the Barbiert
this brilliant and astute Rosins. She adapted so well every
expression of her face, every smile and every gesture to
all the different and difficult points of her position, that it
would be hard to decide whether she is more charming se
a singer than abe is au intelligent and accurate actress.
Doe Bartok. (Parodi), Don Aiello) (Kilo), and even Berta
(Nebuloai), had applause> in their airs that they sang in a
way that rendered them worthy of standing by .the aide of
1 companions of such reputation. At the Santa Radegonda
the fienerestrok has ceased for the present, at least to
I triumph ; the Witty in the last representation was regaled
with a beautiful bouquet of flowers, that put a perfumed
seal to the glory she has acquired this season, a glory of
which she can be all the prouder, for it has been gained
in a city that, In the art of singing, stands the first in
Italy, which for so long has dictated the laws to every
other country."
. _ .

REPORMITORY, REDHILL.—A general court of the
LC:i'vveetirerl eof rrs esta
wasbltrdienyteatir tvheatreftzionatilionof '
Tavern, Kir. William ;ladatone, treasurer of the institu.
Mon, in the chair. The minutes of the proceedings at the
lest general court, and of the committee meetings, having '
been read and confirmed, the secretary proceeded to read
the auditors' report of the receipts and expenditure for the
quarter ending September 30, from which it appeared that
the total receipts (including a balance of 751 f. 45. from the
previous quarter) were ss. 10d.• and the expendi-
ture 2,128/. ss. Ild.' leaving a cash balance in favour of the
institution of 9521. lfis. 11d. The report of the auditors was
adopted and thanks voted to them for their services. The
Rev. Charles Walters, M.A., resident chaplain, then real a
statement of the admisslous and discharges for the quarter
ended November 30. Prom this it appeared that 2t
boys had been received, via.—one from Bath ; three
from Brighton; two from the Kent Refermator7 Associa-
tion ; two from the metropolitan police courts ; one
from the borough of Nottingham, and one from the
county; three from SumersetAire ; three from Sussex;
nine from Surrey ; and four readmitted who had previously
been discharged. The number discharged had been 20, of
whom six bad emigrated—viz., two to New &silent), two
to Sydney, and two to Melbourne ; 10 had been returned to
their friends at the end of their several terms of detentiou ;
one had been transferred tothe Roman Catholic Refonnittory,
two were on trial, and one bad deserted, sod WAS now in
prison. The balance of admissions over discharges was
six. The total number now in the ,a.lbool la 969 against
262 for the three month. ending August al. The aaatt, of
the president of the institution, Ins Grace the late Duke of
Richmond, was eeported to the court, but the appointment
at his successor was 41s6ered tall a future occasion. Some
general business was then disposed uf, and the prozeed:ogi
terminated.

LAW INTELLIGENCE
(THIS DAY.)

EQUITY COURT.
(Balm Vim-Chancellor Sir J. Stuart.)

00UNITZNAY V. wetter.

The Vice-Chancellor this morning debvered judgment in
tbis case, which was argued last terra. The fade will suf.
flediently appear from the judgment.
Mr. Beecu, Q.C., sad Mr. Williams appeared far the
plaintiff ; and Mr. Malin, Q.C., and Mr. T. H. Terrell for
the defendant.

The Vice-Chancellor—This is a suit for the redemption of
a life annuity, and the only question is as to the right of
the defendant to retain for his own benefit after the re-
demption of the policy of assurance on the life of the
grantor of the annuity. The bill prays that, upon payment
of what shall be found due for redemption, the defendant
may be ordered to assign the annuity, securities, and policy
of assurance to the plaintiff. It appears that the payment
of the annuity was secured on leasehold property of which
the plaintiff was tenant for life, and was also secured by
warrant of attorney toenter up judgment against the plaintiff
and her husband and another person as surety. There is also;
covenant in a usual form, that the plaintiff shouklappearat an
insurance office and provide proper vouchers " in order that
Charles Wright, the grantee of the annuity, his executors,
administrators, or assigns if he or theyshoukl think fit, ought
insure her life for any sum not evwting 1,000/., and thatishe
would not leave the kingdom without notice, and for the
payment of any additional premium." The proviso for
redemption and repurchase binds the grantee upon payment
of the redemption money, to enter satisfaction on the
judgment, and there is a covenant by the grantee to release,
amigo,. or otherwise dispose of the annuity and all
securities for the same to the person redeeming, sod to do all
acts necessary for avoiding, releasing, assigning, vacating,
and discharging the said annuity, dm., so to be repurchased
by the said several securities given for securing the repay.
ment thereof as aforesaid. In the defendant's an.
swer it is stated that there was no contract what-
ever as to the policy of assurance except what ap-
pears by the deed, and that the grantee was to be at
liberty entirely at his own discretion, and out of his own
resources, to insure the plaintiff's life if he thought th, the
plaintiff covenanting to do what was necessary to enable him
toeffect and preserve any policy on her life which he might
think proper to effect. kor the plaintiff there is some evi-
dence to prove an averment in the amended bill to the effect
that before the execution of the deed the plaintiff objected
that there was no express provision in the deed that the
policy of assurance would be delivered up at the redemption
of the annuity, but that the plaintiff was then assured that
the introduction of such a clause would invalidate
the deed, but she was expressly assured and told that
it was quits understood that the policy would be
delivered up to her if she redeemed the &snaky.
This part of the plaintiff's case has been materially weak-
ened by the circumstance that the original bill, which was
filed in the lifetime of the grantee, did not contain this
averment, and it was introduced by amendment only after
the death of the grantee. The defendants. (who are the
executors of the grantee) rely on the authority of the
case of " Gottlieb v. Crouch" (4 De G. M. and G. 440),
as decided by the Lords Justices on appeal. In that case
it was decided that the grantee of en annuity who had in-
sured the life of the mentor was not bound to deliver up the
policy of ass/arsine to the grantor on the redemption of the
annuity. But there are two subsequent decisions of the
Lords Justices in oases where the right of a creditor to a
policy of assurance effected voluntufil+ by him to
secure his debt has been more considered.
In'the case of " Lim v. Hinton" (5 De G. . and G.) the
insurance by the creditor was entirely optional, and not on
any contract, and the premiums were, in the first instance,
paid by the creditor out of his own monies. On the evidence
of the transaction it was considered by the court, or rather
presumed, that the insurance was effected as an indemnity
to the creditor. One of the Lords Justices mid—" The
facts before the court render inevitable the conclusion that
Mr. Hinton effected it for the purpose of protecting and in-
demnifying himself as a surety or creditor, or as a surety
and creditor, of Mr. Lee, in whose life Mr. Hinton
does not appear to have had any interest in any
other sense. Sior can he be heard to say that he received
the money which he did receive for any utherpurpose, deny-
ing as he does that he effected the policy on the account or
for the benefit of Mr. Lea." Therefore, on the ground that
substantially the policy of aseurance was effected by the
creditor to secure payment of the debt, the Court of Appeal
held that the policy of assurance did not belong absolutely
to creditor, and that he was not entitled to it and also
to the payment of his debt he having charged the debtor in
account with expense of premiums of assurance. In
that case the premiums and expenses of as-
surance were paid primarily by the creditor out of his
own monies, and there was • voluntary appropriation of
his own venues for his own benefit. In the cue of "Drysdale
v. Piggott " (22 Bra.), where the creditor effected an insu-
rance in his name, and had paid all the premiums except
the first out of his own mums, and the debtor on being ap-
plied to expressly refused to pay the premiums, and was
not bound by any covenant or legal obligation to pay them.
the Master of the Rolls held that the debtor by refusing to
pay the premiums had abandoned and last all right to the
policy. But this decision was reversed by the Lords Jus-
tices. In each of these cages the payment of the premium
by the creditor was optional, and was made primarily
with his own monies paid for a purpose primarily
beneficial to himself. Nevertheless, as the nature of
the transaction showed that the substantial purpose of
effecting the policy was to secure the debt, the Court of
Appeal held that where the creditor was paid he was not
entitled to the double benefit of the policy of assurance and
the payment of his debt as well. In the present case Mr.
' Mahn", for the defendants, premed by these decisions of the
Court of Appeal, endeavoured to distinguish them as cases
between debtor and creditor, and not applicable to the case
of a policy of assurance effected by the grantee of an
annuity. But it seems impossible to say that the relation
of debtor and creditor doom not subsist between the grantor
and grantee of a life annuity. The grantee is a creditor
of the grantor on the covenant for payment of the annuity
and on the judgment entered up under the warrant of
attorney for the money advanced to purchase the annuity.
In what respect does the redemption of an annuity differ
from the payment of a debt:" The transaction on the
redemption of the annuity is a payment and extinction by
the grantor of the debt which he owes on the covenant to
judgment for nu aannidourbin:,;:iff debt
the which he
m octesy. the
thise
Impossible to disconnect the policy of assurance from the
debts due on the judgment and the covenant. The money
sufficient to enable the grantee (if be chose) to effect the policy
was included in the debt on the covenant The argument that
the grantee was not bound to apply towards the insurance
the proportion of the annuity, which was fixed with a view
to that purpose, and that therefore the insurance, being en-
tirely in the option of the grantee, it must be considered as
paid for out of his own monies, should have greater force
in such cases as " Lea v. Hinton," and " Drysdale v. Pit
gott." In those easel' the insurance was entirely optional ;
the creditor was not, as in the case of the annuity, sup•
plied beforehand with money from the debtor sufficient to
defray the continuing expenses and premiums on the user-
ease. Indeed, the right of the grantor of the an-
nuity to have the policy of assurance delivered up as
nee of the securities for the debt obtained
at his expense seems much stronger when due consideration
is given to the effect of the covenant for payment of the
additional premium on going abroad. There is nothing
optional in that obligation. It provides absolutely rod
imperatively that the grantor shall pay the sum necessary
to keep the policy in force. Such a stipulation places the
right of the greeter of the annuity when he comes to pay
and extinguish the debt much higher than the right of the
debtor in the oases of "Len v. Hinton" end "Diyedide v.
Piggott." It therefore seem.. to me that I am bound to
follow the doctrine established by those two cases, the
most meet, but, nevertheless, the most matured decisions
of the Court of Appeal. The principle to be extracted
from these two cases seems to be this. Where the relation
of debtor and creditor subsista by the true °oast/m.4.We of
the instruments, and the evidence of the real nature of the
transactions shows that the policy of assurance was effected
by the creditor as a security or indemnity, if the debtor
substantially beam the expense of that security, he le, on a
principle of equity, entitled to have the security delivered
up to him when he pays his debt, which it was dimetly or
indirectly at his expense effected to scaire. This is an
application of the maxim, " qui malt onus .entire de-
bet et commodum." The same principle is recognised
by the civil law, as appears by the following
pump in the "Digest" (50.17,10) :—" Secundum naturam
eat commode cujusque rei cum sequl quern sequuntur in-
commode." it is wcoutrovertibly edablislied in this case
that in the face of these instrument, it was contemplated
that the grantee of this annuity should have the meatus of
effecting this policy of easuranoe, and stipulated fur pay-
ment by the grantor of a sum sufficieut to effect it ; that
he bound the creator by covenant to pay money which
might become necessary to keep the policy in force ; that
the purpose of effecting the policy was to indetnnify and
secure to the grantee the money which he had advanced to
the grantor ; that the rensyment on redemption is a payment
and satisfaction of tlie debts on the judgment and the covenant.
If there were any doubt as to the right of the Amnia
the language of the deed seems to put it beyond all enc.-
tion. The words of the covenant which bind the grants
as to the securities which he ie to deliver up on rederuptica
are these :—" The said several securities given for *Kann
the repayment thereof as aforesaid, it seems impossible on
any true construction of the deed to say that the lotto, of
BiI+LITACCO which the deed coutemplates, if the grantee
chose to effect it, is not • security fur repayment within the
words of this covenant.' It appears, therefore, that the
case of the plaintiff is established, and that theme mast be
a decree for the delivery up to her of the policy of maw-
sue. As this is the only question in the cause the plaintiff
ie entitled to the costs of the suit, but must pay all other
costs usual on redemption.

COURT OF BANKRUPTCY.
(Btfore Mr. Commissioner Holmp].)
RE LAurtraier., m..wrrmottr, AND NCHRADER.—THE GUI?