The Sun.
London, England, 1861-12-18 00:00:00

LAW INTELLIG-ENCE.-(THiS DAY.)

COURT OF CHANCERY.
(Before the Lord Chancellor.)
THONIA. V. HOBLER-JUDGMENT.

This was an appeal from a decision of Vice-Chancellor
Sir William Page Wood dismissing the plaintiff's bill with
costs. The plaintiff stated that for many years previous to
1851 he was connected with a mining adventure, and was
possessed of a tin and copper mine, then called the East
Alveny Mine, on the Great Tregue Consols, in the county
of Cornwall, and the plaintiff entered into an agreement for
a lease with the defendant and others, and for the formation
of a company for working the said mine. The plaintiff filed
his bill to have it declared that, on account of breaches in
the lease, the mine belonged exclusively to himself, and
that, as the directors had issued shares so low as 2s. 6d.
they exceeded their dtty as directors and forfeited their
rights, and the mine reverted to the plaintiff.
The Lord Chancellcr, in delivering judgment, said—
Having heard the arguments at the bar I reserved my
judgment, not that I entertained any doubt of the judg-
ment that ought to be pronounced, but to dispose of the
previous motion. The Lord Chancellor was of opinion that
the plaintiff had no personal right to apply for restitution
of the mine to himself. And he was not authorised, and
had no right to represent the other shareholders of the
company. That he was not entitled to assume the double
character of acting for himself against the shareholders,
and also acting for the shareholders for his own benefit.
The Lord Chancellor considered that the one lode was well
worked, although the other remained unworked ; and that
the directors only issued such shares at such prices as
were available in the market.

The Lord Chancellor affirmed the decision of the Vice-
Chancellor, and dismissed the appeal with costs. ..

JUDGMENT.--11TJAST V. HURST.

This was an appeal from a decision of the Master of the
Rolls refusing the wife an injunction to restrain her hus-
band from applying to the Divorce Court for a restitution
of conjugal rights, under a voluntary deed of separation.
The Lord Chancellor, at the conclusion of the arguments,
stated very fully his views of the law and equity of the case ;
and on adverting to the decision cf Waller and Evans, and
other House of Lords cases, came to the conclusion that
the wife (plaintiff) was entitled to an intermediate order till
first day of next term, restraining her husband from apply-
ing to any court of law for a restitution of his conjugal
rights, and unless his lordship then expressed a contrary
opinion the injunction would remain absolute.

ROLLS COURT.
(Before Sir John Romilly.)

THE NATIONAL ASSURANCE AND INVESTMENT COMPANY.

The examination of the directors of this association was
resumed this morning.

Mr. Selwyn, Q.C., and Mr. Roxburgh appeared for the
official manager; Mr. Harding and Mr.: Jessell for Lord
Keane; Mr. Garth and Mr. Glyn for Lord George Paget.
Lord Keane was again called, and on examination by
Mr. Selwyn, he admitted a very large sum of the company's
monies had been paid for advertisements and printing; it
might be £30,000, but ho did not know it until ho saw the
report of Mr. Harding. He had seen the report and ac-
counts in which it was represented that there was a balance
in favour of the association. He presumed the report and
statement of the accounts to be correct; be had nothing
whatever to do with the preparation of those accounts.
They were all left to Mr. Morrison.
Examined by Mr. Jessell—He had received over £7OO in
fees for his attendance as director and chairman, but beyond
that he had received no pecuniary benefit whatever from
the association.

Lord George Paget, examined by Mr. Roxburgh—He
became connected with the association in 1852, and exe-
cuted the deed of settlement. One of the rules of the asso-
ciation required that a director should hold capital stock to
the extent of £lOO. He accordingly was allotted £lOO stock,
for which he paid. He became director, and was chairman
until 1856, when he resigned. During all the time he acted
as chairman, all proposals for loans came before the board.
They were brought before them by Mr. Morrison. He
never had any loan from the association, and would
swear that every farthing of capital stock or invest-
ment fund he had paid for; he believed in round numbers
the amount was £2,150. Ho recollected the case of Mr-
M'Carty, who he understood had been instrumental in get-
ting up the company, and he knew of the annuity to him
of £2OO and the policy of assurance, and after he became
connected with the asssociation he perfectly recollected a
proportion being made by Mr. M'Carty to the Board for a
surrender of the annuity and policy for £6OO. He understood
that Mr. M'Carty was desirous of raising money for the
purposes of proceeding to America. If there was no entry of
such a proposition in the books of the company he was satis-
fied the proposal was made, and at that time the Board did
not think it advisable to accept the proposal, and it was re-
jected. He (Lord George) had money at the time, and he
thought it a good investment, and purchased it for £6OO for
the annuity, and £l5O for the policy. He certainly made a
proposal to the board at a subsequent period that they should
accept his proposal, for a surrender of the policy of assur-
ance for LISO, and the annuity for £3,000, which he wished
should be paid for in capital stock to that amount, which
was agreed to, and beyond that he had no interest in tho
matter. He would take his oath that he never had a loan
from the Association, and that he had paid every shilling for
the capital stock in his name. He had attended the numerous
meetings of the direct ors,and signed the minutes. He always
placed every reliance in Mr.lllorrison. There was a proposi-
tion that the sum in his name as holder of capital stock,should
be converted into investment stock ; but there was so much
procrastination always with Mr. Morrison that there was
always a difficulty in concluding any matter with him; and
at that timo he was about to be married, and he was de-
sirous of putting his pecuniary affairs straight; and his
friend and brother in-law, the Hon. Mr. Cadogan, offered
to pay the £3,850 for the stock. Lord George Paget was
then examined at very great length in relation to the
various loan transactions of the Company, but more parti-
cularly with regard to their connection with the French
Imp-rial Company, the project of which and its objects he
from the first disapproved, and which ultimately led to his
resignation at the Board.
Examined by Mr. Garth—He had written a letter to
Mr. Morrison stating his reasons and objections to the con-
nection with the French Imperial Company, and desiring
bim to lay his letter and resignation before the board, and
he never, until last night, from the evidence of Lord
Keane, had seen the letter before it was produced
in court, and it had not been laid before the board.
He had received a reply to his letter from Mr. Morri-
son. The letter produced was that letter. He also received
a copy of resolutions and minutes of a meeting of the
directors from Mr. Morrison, but he understood that there
was no entry of such a meeting or resolution in the books
of the association; the copy ho received was in the hand-
writing of ono of the clerks, with whose writing he was
familiar.

Mr, Henry Prior, formerly clerk to the association,
proved that the copy was is his handwriting, and that he.
had copied it from a rough draft at the request of Mr.
Morrison.

Lord George Paget then said he was quite prepared to
give any explanation required, but the counsel saying th€y
had no further questions to ask, he left the court.
Mr. Giffard then propose' to call Major Adair, one of
the directors, who had been connected with the association
from the year 1851.

The Master of the Rolls said he had received a certifi-
cate that Major Adair was labouring under such infirmity
that a protracted examination in public would be very pre-
judicial to his health ; ho was, therefore, quite ready to
take his evidence in his private room, counsel, the solici-
tors on both sides, with the short-hand write's, only being
present.

The examination was then continued in private, and was
proceeding at tho time of going to press.

COURT OF DIVORCE.
(Before the Judge Ordinary.)
WATSON V. WATSON AND WILKINSON.

The hearing of this case was resumed this morning, and
the evidence of a number witnesses proved, beyond doubt,
that Sir Charles Watson had committed adultery.
Mr. O'Malley, at the conclusion of the evidence, addressed
the jury on the part of Lady Watson, and told the jury that
if they had a doubt in favour of Lady Watson they would
by their verdict protect that hunted and suffering lady. He
felt, under all the circumstances of the case, they would
come to the conclusion that the allegations against Lady
Watson had not been proved.

Mr. Macaulay, in reply, said the questions the jury had to
determine were, had adultery been committed by Lady
Watson, and what amount of damages, which had been set
down at, £lO,OOO, the petitioner had sustained.
The case was proceeding when we went to press.

WHAT THE UNITED STATES PARTICULARL Y
WANT JUST NOW.-A Short Cut to the Paeffia.--44 Puneh"
this day.

The greater part of the bar silver brought by the
West India packet has been sold for the Continent, at
601 d. per oz. This establishes a decline of id. from the
price realised for the last arrival, although business to some
extent was effected some days since at 61d. Mexican dol.
lars aro also flat.

There were no bullion operations of any import-
ance at the Bank yesterday. The larger portion of the
£303,000 Australian gold brought by the Wellesley, which
has just come to hand, is, however, expectel to be taken
there after being refined.
TIIE " MEAN WarrEe."—We are all of one mind
and of a right mind, in England as to the evils of slavery.
It is an evil to the slave ; it is an evil to the slaveholder
himself. Where negro slaves work on the soil, the dignity
of labour is denied ; it is thought shame for a white man to
live by the sweat of his own brow, and the whites not rich
enough to possess blacks, upon whose industry they live,
fall into a large, miserable, shiftless class, known as the
" mean whites," and despised by the very negro. This
poor, shiftless, despised middle class consists of the very
men who are the strength and backbone of all free society.
There is but one field of industry—the plantation—and in-
dustry is brought from without to occupy it. There could
be no more fatal blow dealt to the South than this that
comes of the working of its own " peculiar institutions"—
Dickens's " ddd the Year Bound."