The Sun.
London, England, 1865-05-13 00:00:00

LAW INTELLIGENCE— (This Day).

COURT OF QUEEN' BENCH.
(Before the Lord Chief Justice and a Special Jury.)

lIAZLEWOOD V. WIDDRINGTON.
This action, which commenced yesterday, was to recover
comPensation in damages for an alleged misrepresentation
relative to the value of the incumbency of St. Michael's,
Coventry.
The plaintiff, the Rev. Mr. Hazlewood, was formerly in-
cumbent of St. Mark's Church, Marylebone, and in 1863
he wished to make an exchange, and he negotiated with
the defendant, who was the incumbent of St. Michael's,
Coventry, for that purpose, and ultimately the exchange
took place, after a most voluminous correspondence had
Passed between the parties relative to the various sources
of income belonging to the two livings, and the expenses
attending them. An endeavour, it was stated, had been
made to refer the matters in dispute to the bishop of the
diocese, as the best tribunal for deciding thtipoints at issue,
but failed. St. Mark's, Marylebone, was built in 1847, and
the income was derived from pew rents, which produced about
£l,OOO per annum, and about £l2O in fees. The pew rents so
received were to be applied to the following purposes : £6OO
for the stipend of the incumbent, celebration of divine ser-
vice, repairs and insurance of that fabric ; the payment
of the interest of the borrowed money, and.£2oo a year to-
Wards the reduction of the debt, the surplus out of the £4OO
going to the incumbent. The surplus pew rents at one
tune were about £3OO, a valuable addition to be made by
any clergyman whose doctrines were acceptable to the
Parishioners, and as the sinking fund was diminished the
income would increase in the end to between £270 and
£2BO a year. At the time of the exchange the net income
of St. Mark's was about £7OO per annum. The defendant,
the plaintiff alleged, represented to him that the income
from. Pew rents was about £3OO per annum, £lOO a year
from fees, £BO a year for a third service, and £lOO a year out
of a local rate levied for the purposes of the church. The
curate's stipends, he said, were paid by the Additional
Curates Society and the Pastoral Aid Society. The gross
income was therefore £5BO, which, defendant said, there was
every reason to believe, would at no distant period be in-
creased to £2,000, certainly to £l,OOO a year from the rate
of ls. in the pound on houses over £lO a year rent, and of
6d. on houses under that amount. When the parties met at
Coventry the defendant produced his books, and he repre-
sented that he had received for the year £512 from the 3d.
rate on the parishioners, £73 for fees, and £BO for the third
service, making together the net revenue of £695. The
Plaintiff, after he got to Coventry, found out that the
income of St. Michael's only amounted to about £370 in-
stead of £695 ; and it had since been discovered, from a
Copy of the defendant's banker's book, and his applications
to the Additional Curates Society and the Pastoral Society,
that the income had never amounted to the sum re-
presented. It was said that in 1860 the defendant repre-
sented to the Additional Curates Society the net income
to be £295 ; in 1861, to be £290 ; in 1862 the income was
represented to be nothing, owing to the outgoings having
absorbed the revenues, it being the year of the great dis-
tress at Coventry. The net income was represented to the
Pastoral Aid Society in 1860 to be under £3OO ; in 1861, at
£2BO ; and in 1862, at £350. With regard to the £BO for
the additional service, the plaintiff found that he had to pay
that sum to the curate. A sum of £4O a year as stipend from
the War-office for acting as chaplain to the forces, was men-
tioned might be resumed at any time, but the plaintiff found
out that the arrangements for the troops rested entirely
With the adjutant-general of the forces, and at that time the
troops went to • • Mr. Harris's church. The plaintiff now
sought to recover from the defendant for the difference of
value between the income of St. Mark's and St. Michael,
Which at ten years' purchase would amount to £3,680, and
a further sum of £2,680 on a like calculation, the additional
sum that would have been received on the extinction of the
debt on St. Mark's.
The attempt which failed yesterday to decide the matter
by a reference was successful this morning, as it was
agreed between the parties to submit the matter in dispute
to arbitration.

COURT OP PROBATE AND PROBATE.
(Before Sir J. P. Wilde and a Special Jury.)
likUbl).ll3} v. HARDING AND LANCE—THE QUEEN'S PROCTOR
INTERVENING.
This case having occupied the Court for nearly four
days, was concluded this morning. It appeared that the
emu was tried in May, 1863, when a decree nisi was pro-
nounced upon the husband's petition charging his wife with
adultery with the co-respondent Lance. Since that time
it had come to the knowledge of the Queen's Proctor that
there had been collusion between the husband and his wife
in order to obtain the divorce. When the case was pre-
'4°4BlY before the Court the wife charged her husband
With having committed adultery on three occasions, all of
with she failed to establish, in consequence, as it ap-
Peared, from several items in the petitioner's attorney's bill
of there having been collusion between the parties. Hence
the interference of the Queen's Proctor in order to prevent
the decree being made absolute.
At the conclusion of the Lord Juege's summing up,
of The jury were of opinion that Harding bad been guilty
adultery in two out of the three cases alleged against
bun, but that there was no collusion. g
The Lord Judge said the effect of such a verdict was to
renTd.er the petitioner disentitled to the relief he prayed.
Missed application to make the decree absolute was dis-

XONEY MA"RKET

CuRIMERCIAL INTELLIGENCE.

TWELVE O'CLOCK.
111 the general discount market there is a rather
better feeling with more money on offer, but
brokers
belo are unwilling to negotiate first class bills
w the official minimum of 4i per cent.
The firm of Messrs. Hankey, Brothers, and Co.,
merchants, of Liverpool, has gone into liquidation.
Since Saturday last the imports of specid have
anianted to £147,514, and the exports to £378,000.
S Edward Cunard, Bart., has been elected a
in
director of the Ocean Marine Insurance Company,
the stead of his late father, Sir Samuel Cunard,
jiart. ; and Mr.
el Junius Spencer Morgan has been
elected as deputy chairman of the company.
The National Bank is authorised to issue 66,800
shares of the Peruvian Railway Company (Limited),
of £25 each, representing a first issue of capital
of
£1,670,000. The Peruvian Govern-
have granted a concession in the shape of a
guarantee of 7 per cent. per annum on the whole
elpital, viz., £3,240,000 ; and a redemption fund is
of
"0 to be formed from the capital raised by means
which shares will be periodically drawn after the
expiration of 20 years, and paid off at a stipulated
vrenlium. of 100 per cent. The International Con-
tract Company (Limited) have entered into a con-
tract for the construction of the works consisting of
the town
two lines, one to connect the port of Pisco with
with of yea, the other to connect Arequipa
the port of Mejia, in all 136 miles in length,
and during their construction they have guaranteed
to pay the shareholders 7 the capitalecors as it is per cent. per annum on
paid U. But the confidence of
the di in the ultimate success of the com-
pany is such, that they do not hesitate to state in
their prospectus that " the prospects of revenue
from the working of the railways are so great as
to render the Government guarantee (in other re-
spects so important) a feature of but secondary
consideration." This opinion is corroborated so
far by the fact of the Callao and Lima Railway
now distributing dividends approaching 40 per
°slit. per annum on the original cost of
construction. Under all these circumstances
there is no reason to doubt the success of
thisa' new and important industrial under-
g, supported supported so strongly as it is on all sides
first, by the Peruvian Government, with a direct
aantee of 7 per cent. per annum, and a lien in
the hypothecation of guano exported to Europe—
vsec"dlY, by the introduction of the project by the
dational Bank to its highly influential connections
el ramifications in the metropolis, Liverpool, and
International
thirdly, by the guarantee of the
nteruational Contract Company, which has con-
tracted to complete the lines within the amount of
__authorized capital. The directors, engineers, and
c'licitors are all of well known high standing

Two O'CLOCK.
„,:kt Paris to-day, according to Mr. Reuter's - wcaln, the French 3 per Cent Rentes were 67f.tele 60c.
The English Funds have been very inactive, the
at the
of the members of the " House" having
erl engaged with the preparations for the fort-
nightly settlement on Tuesday next. Consols re-
illaia at goi
.8. for money, and at 891 k ex. div. for
ta6e°lllit• The New Threes and Reduced are 88i i xehequer Bills, 3s. prem. ; and India 5 per
Cents., 106-1- f •
• 4
Foreign Securities are also inactive, but prices
ditto are
6'rrner• Turkish 6 per Cents., 1862, are 72fr
`N ; ditto Consolidds, 511 .3. ; Mexican, 261 I ;
-igsew, 25a i ; Greek, 24 21; Spanish Passive,
65ff 29.30 w,
; ditto Certificates, to 15i ,i; Italian, 64
Bank;and Confederate Loan, 12 14.
and lqiscellaneous Shares are inactive.