The Sun.
London, England, 1852-06-14 00:00:00

EVENING, JUNE 14, 1862.

:.MONDAY

PRICES OF SHARES IN BANE; S, ASSURANCE; AND OTHER COM-
PANIES' STOCK.
From the Official List.
PUBIASUED EVERY TUESDAY AND FRIDAY EVENING.
li.)NDON, FRIDAY, JUNE 11..

setrimairocit nAirzw.

1 Dividend A
SAM Of 1111)112Y.
~ An num Per l• of Paid. Friel
t ..,_ .. . are.
___......,......--.. .............-....... Sh
5000. dOOO.
5024 5000. dOOO.
_746
)
Australasia • • •• • • • • ••
55;11... Per
e.rrr
pent.
1000
115, OCl4oorinimitisnhiaeNriFathl. •OAf.slir's°:ll24°94•4l: 81, per cent. 100 0 0 25 0 0 0 Qloucesterehiro •• •• • • 151 per cent
---
- -
lonianLoutio ••
••
• • •
‘,,.07•
••::.• :: "• • 01. Pr cent. 25 0 0 25 0 0 -
i W id 64.
) Loud:and Westmimstr 64 Per cunt. 5.0 0 0 20 0 0 -per cent. 100 0 0 20 0 0 30
London Joist-Stack ••• 61. per cent. 50 0 0 10 0 0 -
1 tr(3l'lPifilof Ireland•• 81. per cent. 100 0 0 25 0 0 46}i
Difte, New." •t ti aii•P•ir cwt. 10 0 0 10 0 0 -
• I s'ationsl of Ireland .. A,
••• Per cmt. 50 0 0 22 10 0 -
• - • Provncial of Eng. Ai
s'..Per cunt. 100 0 0 35 0 0 443/
[ Ira.. -- - ... .• .. 61. per cent. 20 0 0 10 0 0 -
Ditto, irer.. _
: Oriental Bank Corpera. 81. p. cL t; fix. 25 0 0 25 0 0 -
South Australia ••• • •• 6/. p. ct. &Vs. 25 0 0 25 0 0 -
21025 100 (100
---16%
Unionu nIDoiDitto
.ofo.f.Aiu.os.ntfsao.lln. a:
...... ...
...
766111...
pppeeerrr •
cocceennnttt...
8250
_OO 00
..,_
t" Union of Madrid ...., 40 0 0 40 0 0-6
INSURANCINI 002EPALSTIEM.
---------.
• Dividend I Amount
Namo of Company. pea
f of Paid. Price
Anntind. I Share.
------....--- ;,.....___...........
______
. X 5. d. X 5. d.
i Albion •• •• •"• •• " •••_ 31. 105. 500 0 0 50 0 0 86
6 Alliance Brit. and Per. 71. 145.6d.b5. 100 0 0 11 0 0 224
Ditto Marine. ••• • •• 61. p.c.& be. 100 0 0 25 0 0 414
Atlas •-••••• • " • '• •• 138.6 d. 50 0 0 510 0 184
Argus Life •• • • ","• 4/.per cent. 100 8 0 16 0 0 -
; British Cemmermal .. 78. 6d. 50 0 0 50 0 7
[ Clericl,Med.&Gen•Life spr ct.& bo. 100 0 0 10 0 0 19%
45L. 100 0 0 10 0 0 101
50 0 0 5 0 0 164
CEErqaolgtwlyen.an: .d...L:a.w- .... :....... 434 pl 4
ss. 50 0 0 5 0 0
er cent. 100 0 0 50 0 5%
[ European Life ..... 108. 20 0 0 All paid. 12
- 5 0 0 IP 534
142
: Guardian ••• • • • ***••• 51. per cent 100 0 0 45 0 0 56%
.".
L1GGnma1ed0wnpebee:Frri:air.te.yL.....imf..e...ar........1.12.....e.....................: 61. per cent. Stock.
. Imperial Fire ........
121. per cent. 500 0 0 50 0 0 256
125. 100 0 0 10 0 0 191,4
ILO". & be. 100 0 0 20 0 0 50
25.& 28.bs. 100 0 0 210 0 4
Law Life • • • • „ .....
-
-
100 0 0 10 0 0 46%
Legal and General Liie 50 0 0 20 0 5%
London Fire ........
10s. & be. us 0 0 12 10 0 Qs
Louden Ship -......
10e. et. us. 25 0 0 12 10 0 -
' Alarine- -•••••• •• .. 15s.per share 100 0 0 15 0 0 154
Monarch • • .... ~
.... p
e_precrenctt.. 5:)1)
000
000
212
1000
000 19522. o:id
- 160
ricenzing.e0..ta...........
31.
ppl:eshr
.c2;enbte.. 50
_0 0 20 0 2%
National Lean Plum.. 5/.
PpPiraleold;.sddlieniwnnovnilitf&iLafe:fee::: 45541; 1) e
.r cent.
k be . 1006
05
00
100 100 00 1535 .60 d
Rock Rife....
.......
................Sc. 5000 10 0 7%.
Royal Exchante......
61 p.ct. & be. Stook. all 239
Sun Fire- •••'••• • • .. . ~ 213
Ditto Life ..........
55
11.6 x. -
41. p. ct.&bs. 20 0 0 40 0 4%
:::: 21.55. per ,s h. 100 0 0 10 0 0 41
SI. per cent. - 412 6 534
DOOMS.
Dividend Amount
Victoria Life ........
Hama of Company. per of Paid. Price.
Annum. Share.
~.....----.....,,..,__
- -
tilininiredrs
LondonEa "dal 17e
.:....1 ....:.:£ 5. d. £O. d.
Ditto 80nd5........
34-5%-11.s.
sr,orosirtgetehrcir.ial.tn..., .. ,_.......: 41. pr cent. Stock. - 90%
East and West Ind!a ... 6%1. pr cent. Stock. - 159
20 per ale. 100 0 0 - -
- -
.ppl)
eerrrc
cent.ent
cent.
0S
tt_oo
cc
kk
.. . .
.- 130
-
Ditto 80nda........ i;4l. pr cent. - - -
EioutharaPton ........ 1/. per cent. 50 0 0 50 0 0 25%
BEIDGES
Dividend Amount
Name of Company. per of Paid. Price.
Annum. Share.
........amma1.................... ..................
X• s. d. X. 5. d.
Ilangerford.... • • .... - - - -
sonthvrrk ........ - 100 0 0 - -
Ditto Nwof7l, p. c. 70a. per cent. 50 0 0 - 16
Waterloo .... „
,„ „ „ - 100 0 0 -3%
Dian Old Ann. of 81. 91. Bs. Od. - 60 0 0 244
Ditto Nw ditto 001. 2:. 2a. Od. - 40 0 0 22
vanalt a 11..., ... Av. 21. 70 10 3 - -
WaTion-wolums.
Dividend Amount
Name' if Company. per of Paid. Price.
Annum. Share.
---
----
X s. d. £ a. d.
East L0nd0n.....• ••... 81' per cnt. 100 0 0 - 155
Grand Janctien •• •• • • 4/. per cnt. 50 0 0 - 0554
Kent • • •....... „ .... 41. per cat. 100 0 0 - 83
Lambeth .....„ „..... 5/. per cnt. 100 0 0 - 97
New River Company••
81. 1 p
Southwark & Vauxhall - 60
- -
West Middlesex ...... 61.05. pr cut. - - -
2.eir" cn• t. 100 - 0 0

CASIA.7.B.
•
t. I ,Z Dividend
Names of
CNomampanies of
es.
..
per
Companies. crt
4,1 per I ..1 Annum. Price.
In
ic Annum.
_....._......... _
........_
Oldh
e. 'Dividend Prim
X
Ashlnla 98'71. p. ct. 140 Macclesfield. 100, 21.105. 50
Barnsiel• •• • 1601 --Neatla —•• • • 1001 161.
Brknk&Abrg 150 51. 85 Oxford.. •• •• 100 13!. 135
Birmingham 401 41. 101 'Peak Forest. 78 ' 31. 18s. 70
Coventry.. leoi 251. 200 Regent's .... 33 11. 3s. 17%
Derby ••• • • 100 i 61. 63 Rochdale.... 25 21. 42
ElLsture&Chs 69 2% p. ct. 33% Semrset Coal 150
GrandJunctn 100 3/. pr. et. 484 Do.LkFd St 12
Do.. 6 pr. Ct. 10 61. pr. et. 11% Stffrd &Wore 140 281. 405
Grand Surrey 100; 21. Os. 33 Shrewsbury.. 125
Grand Union 100: ii, los. 24 Stoarbridge.. 145 201. 290
Kennt& Avn 39 48. Od. 5% Severn and 1 21.05. 24
Lancaster . 100 •••• Wye Rail. 1 26
Leeds&Livrp 100, 201. 455 Warwick& 4l. 40
Leicester .. • • 100 Si. 66 Rirming. J 100
Leiestr&Nth 83 41. 44% Warwick&
Loughboregh 142 701. 510 Napton..l 100 31. 28
Monmouthsh 100 -- 'Worcstr & I
78 31. 33
Mntgemrysh 100 . -- Birming.
MoltnMwbry 100 ._. Wilts & Brks —10 s. Od. 7M

OAS-LIGHT AND coZZI COMPANIES.
Dividend Amount
Name of Company. , Per of Paid. Price.
Annum. Share.
•0N.•0•.•......1.1.......n... ......0..................
......0.1.......... /MM...
X • e. d. Z. 0. d•
British ••••-• " • • • " 40 0 0 18 0 0 10%
11!ilis. 20 0 0 20 0 0 18%
20 0 0 - 16
City of London .. •• • • 61. 100 0 0 150 0 0 125
Continental Consolidat. 505. 75 0 0 31 5 0 45%
Equitable ,• •••••• • • •• 508. 50 0 0 50 0 0 27
Great Central:•• •• •• • 51. 0 0 0 10 0 0 13M
Imperial
••• ••••••• •• 31.& bonus. 50 0 0 50 0 0 71%
BrDigihtttoon Pr
.o. v
.in. .c.i..a.1.... ... .
51.
Independent •• • ...... gi•
40 0 0 40 0 0 46
London ••.••••• • • • • .. - 50 0 0 50 0 0 ...-
.Do., Die. Preference
„.. 61. 25 0 0 710 0 25
Plicenf,l •••'• •• ••'• •• •• •• •• •• •• per cent. 50 0 0 49 0 0 2634
wßaetsciitlains De
ff • •t•e•r•ch• •• • :r•e'•
5.. 5
391. 100 0 0 90 0 0 -
Crnited General
art.....d . 1
11. ao 0 0 50 0 0 20%
Der cent, 50 0 0
-
Ditto, New '• -"" • • o‘• Per cent. 50 0 0 10 0 0 734
.-------------
sror Or SCOTTZ COMPANIES' 'NICE'S
Dividend ' Amount
Name of Company. per of Paid. Price.
Annum. Share.
~.--.-----. --............- ---- -......
X 3. d. Z s. d
Bank of Scotland ..... 1,
••• Per cent. 100 0 0 100 0 0 187
British Linen Company 81. per cent. 100 0 0 100 0 9 206
Caledonian Bank ..... ~
'e• Per tent. 10 0 0 2 10 0 31.155.
City of Glasgow Bank c,
Per cent. 10 0 0 10 0 0 10%
13
Bankan k - :::: gs;Vs:. per cent. 20 0 0 10 0 0 131 5s
••• percent. 500 0 0 100 0 0 181
' Eastern Bank .. .....,
Edinb.&Glasgow Bank 61. per cent. 25 0 0 10 0 0 10 ,
31. per cent. 50 0 50 0 8% 1
ENzate
ihoannagießßannkko.
..
....... t....
,i, 100 0 0 38 0 0 534
-75 percent. 50 0 0 10 0 0 15%
North of Scotland Bank
Commercial Clydesdale
Royalßank of Scotland a,
61 .percent. 20 0 0 210 0 2
-..per cent. 100 0 0 , 100 0 0 134%
4811.. pp
eerr
cc
eennit.. 11000
00 0 510
00
00.
1795061
wesotnerßriaßnkasckf S.ce..tl.a.n.d.
11. per cent. 50 0 50 0 0 69%
ance Fire and Life lal,
-71/.pr cent. 10 0 10 0 0 21%
101. per cent. 100 0 0 10 0 0 2514
4. per cent. 25 0 0 2 0 0 41. 6s
Colonial Life ........
51. per cent. 50 0 0 1 0 0 2%
Edinburgh Life Lunn,.
Caledonianl British
y ofoG luaas
Firergao Guarantee e
lie
1.8:u..
r. . c
6/. per cent. 100 0 0 15 0 0 22
Eng. & Scot, Law Life 51 .per cont. 50 0 0 217 6 3%
National Fire and Life c
-1. per cent. 10 0 0 1 0 0 285.6 d
North British Maur.. „,
61. per cent. 10 0 0 110 0 31. 15s
Life A.ssoc. of Scotland
.541. pr cent. 20 0 0 1 0 0 319.0 d
Life ........
7 0 0 12(14
United Dep.Assurance
Standardnion Insrnce.
51. per cent. 50 0 0
~,,,. per cent. 200 0 0 20 0 0 3436
s.per cent. 10 0 0 1 0 0 1205 d
bxzscEzazaramous.
--....,
t
Name of Company, Dividend Amounpaid. Price.
per of
~.. Annum. Share.
_.......,
---.........--
X: a• d• X. ii• d.
10
Assam Tea •••••• .. .. 50 0 0 20 0 0
Luctien Mart • • • • ...•-
0 - 26
11. 100 0 0
Australian Trust ~ .
__
cent. _
85 0 0 21%
h./leo-Mexican atibi.. 61. per
Ditto. Half Shares.. 11. 10s. 10 0 0 10 0 0 23
_ -2 10 0 -
British American Land -
21.
53.
" 0 35 0 0 16%
38 10 0 25
Do. 5 per cent Bonds
, -
Australian Aeriew.,ur•i
-
Canada •"••••• •• .. i 15s.
100 0 0 8210 6 . per cent. 0 50
Ditto. 6 pr et. - 114%
- 97
Bonds 3i per cent. -
Gen. Revers. & im,
Equitable Reversi eSt. s•c•&"'t 100 0 0 100 0 0 117
Ditto New . eery 51 pr. cen-•
50 0 0 710 0 -
Inabaiti •• • • - • 15 0014 0 0 28%
Hudson....
RCuiDtsysiteNtiloainviNsgetitutiti°. ation 10 p. et.
Stock. - 206
Hunger , •• • •
Navigation 61. Per...cent. -
-
Londonnti." ....
21. 53. 2/ 100
.....0 0
110000
00
00
4974%
- 78 15 0 5
New Zealand 00,t,,••,,• -
25 0 0 25 0 0 -
-
--• 26 5 0 - 1
-
priestPeninslr& Sim.
50 0 0 50 0 0 8534 I
81. p. c. & bs.
Reversionary Int. lOO 0 0 106 1
Royal Maii at • Soc. 4361. pr cent. 100 0 0
100 0 0 60 0 0 77
South A.ustralleam • ... 4/. p. share.. 25 0 0 12 10 0 -
25 0 0 25 0 0 2234
itn, a Land.. 1 - 1
Van Diem , an..... 51. per share
io 0
29 0 0 _ s

_
VESSELS T,
A
XMPLOYED IN THE TRADE OF THE
UNITED KINGDOM.—From a return yesterday printed, it
of 475 Kingdom
that in the month ended the sth of April last, there
were 1,920 sailing vessels of 319,242 tonnage, and 308 steam-
vesselsi
d ‘,7,542 tonnage, employed in the trade of the
3,294 tonnage, and 314 steam-vessels of 87,463 tonnage
artichoke, cleared Kingdom entered inwards, and 2,243 sailing vessels
outwards in the same period.
ESCULENTS IN THE TIME OF CHARLES I.—The bud
of the sunflower before it expands was then dressed like an
CURING
and eaten as a dainty, and the pounded seeds of
thenasturtion were thought preferable to mustard. Evelyn
praisesee the milky or dappled thistle, either as a salad, or
. ,°r baked in pies like the artichoke ;it was then sold
in our herb markets, but probably for a supposed virtue in
of water. It -
~c,c_ll_3,7quence of its name Carduus Maria, or our lady's milky
thistle,
"e,
w hie
h made it 'be esteemed a proper diet for nurses.
r_. a burr also
he calls delicate and wholesome, when young.
rh young leaves of the ash were a favourite pickle.
contrivance to cure laziness. If a pauper, who is able, re-
fuses.LAZlNESS.—The Dutch have a singular
t 3 work, they put him • to a cistern, and let in a sluice
is the matter
with compswhich
just so fast .
keeps himself
pump,wuich the cistern is furnished, he
from drowning,
ADVERTISE !--A New Orleans man, who bad but
recently commenced business, found his creditors rather too
prompt in urging in '1
la
that, by briskly plying a
the payment of their little bills. " What
said I amna:,,erde.plied the other; " but"
,‘ Do you fear me?"
contracts with three papers,
"Yes," was the hesitating reply of a modest dun. " Fear
n 0 t 20'
nheesta,-,l,e,nNgtol:
me l" he exclaimed. " 0, what grounds? Has any one
Ana is now in excellent credit
—" But what, Sir?„ „Why=, to be candid with you, we
have no confidence in our business capacity, seeing that
you do not advertise ?"3 The man immediately made annual
and prospering finely.

LAW INTELLIGENCE.
VICE-CHANCELLOR'S COURT, June 12. 1
(Before Sir JAMES PARKER.)
MISS CATHERINE HAYES—HAYES U. BEALE AND OTHERS.
Mr. BACON, with whom was Mr. Cotton, moved in
this case, upon notice, for an injunction restraining the
Union Bank of London, its agents and officers, and ono
of the defendants, Mr. John Chapman, the public officer
of the bank, from paying to another of the defendants,
- Mr. T. F. Beale, the music•seller, of Regent-street, any
t„, part of the moneys of Miss Hayes (about 3,0001.) in the
possession of the Union Bank. The motion sought also
- to restrain Mr. Beale from carrying on further proceed-
ings in the Lord Mayor's Court in London against Miss
Hayes, or against Mr. Chapman, or the Union Bank,
and also to restrain Mr. Beale from further prosecuting
an action brought by him against Miss Hayes in the
Superior Court of New York, in America, and from
bringing any other action against Miss Hayes, in respect
.% of an agreement between her and Mr. Beale, dated the
30th of April, 1851. It was stated that a previous
agreement had been entered into between Miss Hayes and
• the defendant, Mr. Beale, on the 28th of November, 1850,
:36 by which Miss Hayes agreed to go to America in Sep-
. tember, 1851, where she undertook to perform for
five months. The terms of this agreement of No-
vember were that Mr. Beale should pay to Miss Hayes
5001. per month, and that the latter should receive one-
sixth of the profits realised by the speculation. The
travelling expenses of Miss Hayes, her mother, and her
attendant, and also of her theatrical dresser, were to be
paid for by Mr. Beale. Shortly after concluding this
ice agreement Miss Hayes went to Italy to improve her
vocal powers. She returned in April following, and as
she had reason for believing that she had not done her-
; self justice by the terms she had consented to, and as '
ae she had been offered nearly double—namely, 1,000/. by
% Gurnsey, the agent of one of the defendants, Wardwell,
.% a merchant in New York, she revailed upon the de-
fendant (Mr. Beale) to increase hepr pay to 6501, instead
134 of 600/. per month. Accordingly, on the 30th of April,
1851, Miss Hayes and Mr. Beale entered into another
It agreement, to commence in September following, and
to continue for five months, by which Miss Hayes
agreed to sing and perform, in America and Ireland,
in La Sonnambula, Lucia de Lammermoor, Linda Lu-
te cretia, .Don Pasquale, L' Elisir d'Amore, I Puritani,
; Norma, and such other operas as might be agreed
upon, and also to sing at concerts. Mr. Beale agreed
to pay Miss Hayes 3;2501. by monthly instal-
ati meats during the five months, and also one-sixth
r% part of the profits, after payment of it
11-- the expenses,
dlreut or Incidental. It was stipulated that Miss Hayes
im was not to be required to perform more than four operas
I% or concerts, and a fifth concert in any one week, such fifth
Qd concert to be at Miss Hayes's option. The lady, how-
te
ei ever, was not to take any other engagement, or to appear,
) sing, or perform in public, otherwise. than under the
1.60c1 agreement, without the consent in writing of Mr. Beale
or his representative. Mr. Beale was to have the option
10 of continuing the engagement for a period beyond the
five months, not exceeding twelve months in the whole,
on giving to Miss Hayes a written notice of his intention
within one month previously to the expiration of the
' five months. The engagement was to be considered as
commencing from the date of the first performance,
either in England or America; the time occupied in
crossing and recrossing the Atlantic was not to be con-
tee. sidered or calculated as part of the engagement. In
es, the event of Miss Hayes being at any time
unable to. perform her part of the engage-
ment from illness, any loss 'which may be sus-
tained in consequence should be made good by
Miss Hayes continuing her engagement so as to
make up for the loss at the rate of 650/. per month. Mr.
Beale and Miss Hayes then bound themselves to the ful-
filment of this engagement in a penalty of 3,0001. re-
spectively. In the month of June following, however, Mr.
Beale thought fit to assign and transfer the benefit of this
- contract to the defendant, Mr. John Henry Wardwell, a
,ce. merchant, of 200, Broadway, New York. Mr. Beale by
this instrument agreed to provide for Mr. Wardwell the
exclusive services of Miss Hayes, Mr. Augustus Bra-
. ham, Herr Moneis, and Lewis Henry Lavenu, to sing
• and perform, iefour concerts or oratorios in each week,
' in New York and elsewhere for three months from the
tte
o 4 arrived of the parties in America, and Mr. Beale gave
Mr. Wardwell the option ef continuing the engagement
for two months longer, after a month's notice, with
liberty during the extended period to substitute
- operas for concerts or oratorios, the performances
e. not to exceed four in one week without the consent of
Mr. Beale or his representative. Mr. Wardwell was
- to pay Mr. Beale 5001. for preliminary expenses, and
2,200/. during the engagement—namely, for Miss
34 Hayes's services, 1,8001. per month; for Mr. Bra-
ham's, 2001. per month; for Herr Mengis's, 100/. per
month; and for Mr. Lavenu's, 1001. per month. Mr.
Wardwell agreed to pay the travelling and living ex-
penses of Miss Hayes, her mother, Dr. Joy (Mr. Beale's
• agent), and Miss Hayes's attendant, of Mr., and Mrs.
Braham, of Herr Mengis, and Mr. Lavenu, from the time
of leaving England until the end of their engagement,
and a fair sum for the expenses of returning to England.
Mr. Wardwell agreed to pay Mr. Beale a moiety of all
receipts beyond 500/. whenever the same should ex-
ceed 5001. for any performance. The two parties
bound themselves in a penalty of 4.0001. for the
fulfilment of the agreement. The plaintiff, it was said,'
bad not been made aware of this sub-agreement, and it
was a matter of complaint that it had been purposely,
kept from her knowledge. In August Miss Hayes, ac-
companied by her mother and an attendant (Dr. Joy,
the agent and manager of Mr. Beale), left Liverpool for
, New York. Miss Hayes performed there in the follow-
ing month, and continued to do so for six weeks But in
the middle of November (about the 14th), Miss Hayes ex-
pressed to Dr. Joy her resolution not to sing again under
the engagement with Mr. Beale, and offered to pay to
him (Joy), as Mr. Beale's agent, 'the penalty of 3,0001.
for her breach of the agreement, she receiving what she
was entitled to for what she had peformed on her part.
Miss Hayes, in her letter to Joy expressing this reso-
lution, stated that for some reason or other; acting under
his directions had become disagreeable to her, and she
refused to continue doing so. It was stated that although
Miss Hayes's performances were highly attractive to
• her American audiences, Mr. Wardwell, early in No-
vember, 1851, determined on assigning his interest in the
contract to another person, and he did so to a Mr. An-
thony (one of the defendants), who
..ty It was
in the
affidavits to be a creditor of Wardwell s. was alleged
Pi( that Miss Hayes after this, and after her letter to Joy,
went to Albany, having entered into a ft lareshw in thecontract,
ye and that Anthony thereupon proceeded at
Court of New York against
Mr. Beale for the penalty,;
and proceeded to attach the
moniesa
hadyeeb
;34 process in the Lord Mayor's Court. of Miss Hayes
Proceedings
• also been taken by Mr. Beale in the Lord Mayor's Court
against Mr. Chapman,
the manager of the Union Bank,
to attach ,
3 000/• which belonged to Miss Hayes, and
r". which sum was lying there. This process, it was stated,
11 would be made effectual by execution on the 22d inst.,
unless the injunction were granted as prayed. Mr.
lee' Beale also had instituted proceedings against Miss Hayes
the American courts. Upon this state of facts, it
was asked that the 3,000/. might be.t paid by the Union
Bank into court, so as to free
,1 from any liability
the several
to attachment in the Lord Mayors Court, and to abide
53* the result of the pending litigation. between.
eenless a court of equity interposed, it might
Hayes might ba compelled to pay both
es parties. u
happen that Miss .
here and in America, which wouldt. be a great injustice.
It
was
Miss
flayeer, case
and this
the agreement with Mr.
te inequitable; this view was strengthened
by the agreement be-
;34 Beale W2B
awyhosilshle was to pay her 6501.
Ire by the circumstandcetehaaHt
subsequent agreement with Mr.
be-
tween himself an Miss
month, by the
o,i per
1% Wardwell be was to receive from him 1,800/ The urgency
6d
of Miss Hayes's claim to the interference of the Court
ik arose not only from the facts disclosed upon the affidavits,
68
IN bat from the circumstance that her property was in
jeopardy at a time when she was out of the jurisdiction
igive explanations of the case
% of the Court, and unable to
el made on the other side.
g Mr. Malmo and Mr. CHAPMAN BARBER, for the de-
Od fendant, Mr. Beale, denied that the agreement between
14, Mr. Beale and Mr. Wardell was concealed from Miss
Hayes, the plaintiff. They stated that the possibility
of such a sub-contract had been the subject of con-
versation in April, at the residence of Miss Hayes,
es. when the agreement of the 30th of April was entered
into, that lady herself having suggested that if Mr.
Beale found or considered her terms too onerons,
) he might find many parties who would gladly accept
them of him in this manner. In answer to the complaint
of Miss Hayes that she had found acting under Dr. Joy's
direction obnoxious to her, reliance was placed upon the
• following passage in one of the lady's letters to Mr.
Beale, which was dated on the 2d of November, twelve
days bofore her complaint:—" I have only to say of Dr.
34 Joy, that he is unremitting in his attention to me, and to
every wish of mine; and I believe all the party have but
one feeling towards him, of kindness and respect for his
many good and excellent qualities." The doctor, in his
'% affidavit, deposed thus :—" I say that I behaved myself,
on all occasions, with the strictest propriety, and endea-
voured, in every way, to consult the wishes and conve
• nienee of the said Catherine Hayes, who on many
occasions stated to me and to various persons that
;te she was highly satisfied with my conduct towards
her in all respects." It was clear that Mr.
Beale was an innocent party here. The contract
136
solemnly entered into with him was deliberately
Seale
that 'by Miss Hayes, although it was to Mr.
that she was Indebted for the suggestions of an American
tour. The alleged obnoxiousness of Dr. Joy's direction
was a mere subterfuge. The risk had been almost
exclusively that of Mr. Beale, with whom, up to the
time of breaking off the agreement, she had been on
terms of professed friendship. In the letter, part of
which had been read, she wrote thus familiarly:—
"I trust you will all enjoy the blessings of health.
We have been visiting Boston, Providence, Hartford,
Springfield, all most charming. I hope with the same
success which attended our first efforts. * ' Give
my best love to dear Mrs. Beale, Maria, and the little
ones. I shall look forward to a happy 'meeting with
you all in dear old England. Maria and Henrietta de-
Mr their
yours most sincel sincerest love to allee,
,and believe me, My dear
Beale,

_
" A "CATHERINE HAYES.
dieu, dear Mr. Beale, may all happiness be yours;
kindest regards to your dear father."
Mr. Stevens appeared for the Uuion Bank.
The VICE-CHANCELLOR said, that in this case Mr.
Beale had a demand against the plaintiff. It was under
her contract, and it was, he apprehended, purely a legal
&wand. Prima facie Mr. Beale was entitled to pursue
all the remedies that resulted from that legal demand.
It appeared that he was, in fact, suing Miss Hayes in
England, in the Lord Mayor's Court. lie was also
suing her in America. What she now asked was an in-
junction to restrain him from carrying on both these
proceedings. The eommon ground stated in the bill
ww!,s
_
what wowd certainly be a ground of equity iaft,
proved—namely, that the contract was obstoal
taut
by
Beale from the plaintiff by fraud or misrep
reround the
In order to obtain an
unct_ou on t.at
plaintiff must make out some prima fade saes, and show
ut this, in
some ground to lead the Court to suppose th

substance, was the case upon which she relied. He f
forbore making any comment upon the affidavits, be-
cause upon that part of the case they were all on One
side. It was enough to say that as regarded the
ground Miss Hayes brought forward, of fraud and
misrepresentation, to induce her to enter into the
agreement, there was no evidence before the Court at
present to induce the Court to act upon it. Then there
was another ground taken. It appeared that Mr.
Wardwell, who had entered into a contract with Mr.
Beale, had assigned the benefit of that contract to a
person of the name of Anthony, and upon the allegation
that Beale had broken his contract with Wardwell it
was stated Anthony was suing Mr. Beale in the United
States, and was proceeding to attach the amount claimed
by Beale from the plaintiff, under this agreement, as
part of Mr. Beale's money in her hands. The case, as
to this part of it, was, therefore, that Miss Hayes, in
respect to this demand, was liable both to Beale and to
Anthony, he (Anthony) having signed an attachment in
America. This would be an ordinary case of interpleader,
and Miss Hayes would be entitled to relief upon the usual
terms upon which a plaintiff in an intera-ader suit was
entitled to relief ; but then the plaintiff in an interpleader
suit, as a preliminary condition to obtaining the assistance
of the Court, must make an affidavit that there was no
collusion with the defendant in equity. Now, not only
was there no affidavit of the plaintiff's here to that
effect, but, so far as the Court was at liberty to judge from
the circumstances, upon which, his Honour said, he
made no comment (as that was not the proper time to
make it), he thought that, judging from these one-sided
affidavits, it did not appear to him that the plaintiff
could make an affidavit that there was no collusion be-
tween herself and Mr. Wardwell, or Mr. Anthony, as
claiming under Mr. Wardwell. He did not thi❑k, there-
fore, upon that ground that the plaintiff in the inter:-
pleader suit was entitled to an injunction. He believed
that Mr. Anthony might be made a party to the pro-
ceeding in the Lord Mayor's Court, if the plaintiff de-
sired it. But the Court could declare nothing as to
that. On the ground he had already mentioned, the
absence of any affidavit denying collusion, therefore he
declined making any order upon the motion.
As to costs, which were asked by Mr. Matins, his
HONOUR said they must be governed by the general
rule, that the costs of the motion which failed must be
costs in the cause.