The Sun.
London, England, 1827-08-07 00:00:00

LAW INTELLIGENCE.

COURT OF :CHANCERY, Ace. 6.
.WARD OF THE COURT.
Mr. CHING said, that the gentleman against whom
he had moved for an order of the Court for taking
off a ward to France had returned, and was ready to
abide his Lordship's order. He therefore moved
for a reference to the Master to approve of a proper
settlement, the parties concerned being willing that,
the marriage should be proceeded with. .
The LORD CHANCELLOR asked where the gentle-
man was ? •
Mr. KNIGHT said he appeared for him, and was
ready to submit to any order his Lordship might
pronounce.
The LORD CHANCELLOR said, this person was
under a contempt, and he would make no order
until he appeared personally in Court. .
Mr. KNIGHT said, his client had showik his wil-
lingness to obey his Lordship by coming from France,
and that he really did not know the lady was a ward
of the Court. .
The LORD CHANCELLOR said there might be
other reasons for his coming back than his obedience•
to the power of the Great Seal. It might be in-
convenient to remain in France. His Lordship
wished to know if he had made any affidarit as to
his ignorance of the lady's situation.
Mr. KNIGHT said he had not yet done so.
The Lon') CHANCELLOR then ordered him to at-
tend on Wednesday next.

VICE-CHANCELLOR'S COURT, AUG. 6,
BALL V. BALL. -
This was the petition of Mrs. Sarah Ball and of
Emily, her daughter, praying that Emily might be
placed under the .protection of the mother, and that it be
referred to the master to settle a scheme for her future
education, which Mrs. Ball was willing to pay for out
of her own funds. TIN petition stated that Mrs. Ball
had instituted a suit for a divorce, in the Ecclesias-

tical Court, against her husband, on the grounds of
his having committed adultery with his own neice
Penny. The Ecclesiastical Court decreed a divorce,
and upon an appeal that decree was affirmed. The
petition after setting forth other matters, which,
during the proceedings in the spiritual courts, ap-
peared before the public, stated, that in the spring of
1821, Mr. Ball permitted the daughter to
live entirely with Mrs. Ball, where she continued
❑ntil 1826, when he removed the child and placed
her at school, giving directions to the schoolmistress
not to allow his daughter to be visited more than once
a month by the mother, and even then the school-
mistress was directed to be present. Shortly after
this, he withdrew the permission altogether, and was
now in the habit of taking the daughter to his own
house, where the only female with whom she could
associate, was a servant of all work. The defendant
in his answer positively denied his having ever car-
ried on any criminal intercourse with Anne Penny,
and declared that he had not seen her for the last
twelve months. Another affidavit was made by
Win. Cobham, to the effect that Mrs. Ball was an
unfit person to have the care of her child.
Mr.SHADIVELL, in support of the application,
said, that no weight whatever ought be given to the
affidavit of Mr. Ball, _inasmuch as he denied what
had been clearly proved in the Ecclesiastical Courts,
namely, his adulterous intercourse with Anne Penny.
The VICE-CHANCELLOR said, that he had nothing

whatever to do with the truth or falsehood of tha

fact. Mr. Ball might commit adultery, but unlesS
he introduced his daughter into the company of his
paramour, or into such other society as was calcu-
lated to contaminate her morals, a Court of Equity
could have no right to interfere for the purpose of
setting aside the parental authority.
Mr. SHADWELL asked if it was proper that such
a father should have the exclusive custody of his
child ? -
The VICE-CHANCELLOR—The exclusive, or none
at all. HiS Honour, after citing several cases bear-
ing upon the present application, said that he must
refuse, however painful such a course must neces-
sarily be to the feelings of Mrs. Ball. He must
therefore dismiss the petition, leaving it open to
that lady to renew it, in case her Counsel could find
any precedent for the interposition of the Court
under such circumstances.
Mr. PEPYS, on the part of Mr. Ball, said, that it
was due to that gentleman's character to declare,
that he was influenced by the most kind motives
towards his daughter: Mr.-Ball denied the fact of
the adultery with Miss Penny ; and it- was well
known that that 1..-dy was now visited by families of
the first 'respectability.
Mr. SHADWELL.—OIIt of charity to them, pray
don't mention their names.—(A laugh.)