The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1851-08-26 00:00:00

CROWN BA.R.- TUESDAY. f cone, d. Hugh Murray, (Mari ison and Prin kinson w trangro fifteen years )NESDAY The co acquitted U. And John Howard, cony cted on s actmitted with a si el and a e Appleton prisoner were ( c 1835. 1 two of whor ad ill-us 4 In ti Cat her throat Wilson, lea. and a half h pired, d I to the a breach of SOUTH LdNCASHIRE ASSIZES ted for killin. er encouraged by cryin Sentencedeferied a,: :d Joseph Atkinson were to the house, or vaults, of Mr ne of Foulkes nportation. was put in t Liverpool, for felony f Tliomaq Dalton ; am sepn 'l':ckl and John Edwarda Milligan pleaded of a child. Sen- ed with killinz f June, IVD3 di97 1 had arisen wer> in the Id keeper of the k, Manchester.) between the 3rd And charge of (intact fn I. On William guilty to a c tence defer Thomas M, charged, nc Hint, by kicking between H employ of Mille Grapes public-h, two former priso out " HortAd r 3, wt n Hitch into as was Miller. Harrison w URGLAR John Edwards, John Cecil, er, Long Mil!gat , f June. A forme John Cecil For ten y mas B apprehended, to fr tv;desrnen of Man rohn Howard an 'ell Mins. The and also at DON the prisc rs' tra it was Qf had to show tradesm the pris road, the police-offi 6 pr fo h his b tensive con filer from a 11! ircutnst of the whole of th Risley Ind for rot ho in a s Pr a family q torment. I t, nearls the whole of John Howard and John Owens, e day, was igtihouring toy the last E )n. On ti Anne: R ssell, not yet r and father of zes, and her's wife, taking with him ted to d but, owing Upon this Thomas Bonne the otl .t to Manchester, 1 intimation of his led to the ap- 1 Jane Hinds Michael Moore rilliam Grounds h. Aanth etc th, her prisoner ought in the hip, on the 1845 he ab 1, on the Ist 'ler of four isions the :kis own wife destitute, and had become cl rh, lAverpooh I at Appl :nt prosecution had not trans- 10 corninu- consequently s her to men 1(1 be dise.har or publt a fine of 1 FRIDAY MANSLAUGHTNR AT MANCHESTER alley was acquitted on E m the 12th of Ju per and deceas s occupied in trying large of havinc, at feloniously killed Peter sturday evening, the 12th i were drinking together bcerhouse in Camp-street, both were tipsy they were very friendly. veiling deceased got hold of a woman whom ance with, ze of baying, in 'Mir, 1 birth t nd strang ke refus ANTICIDT CHARGE OF I Irishwoma a se.altie en accider.tally broke his _ On seeing sti uek by de- sed down, whos.! head shortly after taken and atter partaking of was acquitted on a at Ashton-under-Lyne, lie then 7, struck on the Tuesday following 4an Shaw, a yot ASSAULT ON THE HIGH SEAS W. H. Lowry and 7'. vier. on the bizh seas. the other second m from Liverpool for Nea t was C followi .'Nally were charged with violently assau ted and beaten way, and who jumped overboard in 'ivening of the 19th December, and rst-named prisoner was captain, and a of the ship Arabian, which sailed York on the 9th of November ed to try the prisoners separately.— and Lowry for assault only. The the felon evidence was produced in M`Nally's case : )vered when the ship had got into the Irish iately set to work and placed in the seamen on hoard, of the deposed to APNally severely beating low and again. Pye had his hand maimed tory, which made it very difficult for him to early in the morn n.ed to the pumps g very tired, and e prisoner took a s. While he tried sonar struck him watch. 0 is Pye was 1 17th Decent-. ing of t by was ord ained of bein wished to go below. Upon 'ope arid Iva the dec Ass his maimed Land until the blood came. The second ate then left the pump one way and the deceased iothe!-; whoinstantly jumped overboard and was drowned. e effect everal of the seamen in the ship at the time gave evidence The jury returned a verdict of not hut znilty of assault. Sentence deferred. guilty of f€ CIIARC F STABBING William Welsh, a tailor, was charged with having, at Oldham, on the 15th June, stabbed John Davitt. Mr. Pollock appeared for the prosecution. The prisoner was undefended. John Davitt, the party wounded, stated that the night of the 14th June, at twelve o'clock, he went h a lad named Marrow, and another man, to a beer and there saw the prisoner and two other parties. his companions and these 3 companions Some word 3 p They went out, alio ne shortly followed. On going out one of the other part', put his foot before him, when he struck the man, who fell against Welsh, and they both went to the ground together. On rising, Welsh pulled cut his scissors and stabbed him in the left breast twice, besides inflicting two The wounding was corroborated by Domi _ .farrow and Henry Welsh, hut there was a great deal of confusion in the evidence as to who were the assailants. The prisoner cross-exam:.ned the witnesses, to show that lie had been attacked and had to use his scissors in self-defence. He made a long statement to the jury as to his having been previously assaulted and threatened because he would not leave his situation, some dispute having arisen with other men in the same employ about wage s. The jury returned a verdict of not guilty, consi dering the prisoner had used the scissors in self-defence. William Welsh was placed forward on another charge of stabbing Henry Welsh. The occurrence took place at the same time as the above. Mr. Pollock produced no evidence, and the jury returned a verdict of no t gu i lty. The court adjourned at seven o'clock. other wounds. SATURD.iy Lowry and M`Nallv, j found guilty of an assault on th e previous day, were charged conjointly with another assault upon the man Pye, but acquitted. Samuel Kitson was sentenced to seven years' transpor tation for breaking into the dwelling-house of James Coombes, at Oldham. A previous conviction for felony was proved against the prisoner. Joseph Alison was acquitted of having killed John Hunt, sonment at Openshaw, on the 30th April. The prisoner and the deceased were carters, and on the day in qu , !stion were returning with their carts from A.liton to Manchester, and were observed by several persons to be quarreliinfz. Both parties : were in liquor; rnd in the evening the pri- Boner arrived at home alone, and said that he had seen nothing of deceased since they had baited their hors s. The deceased's cart and horses were found on the road by his wife, and next morning the body of deceased was found in the road. There was some blood on the road, but the sarzeon who examined the body was of opinion that death arose from apoplexy. _ yard was sentennei o six moot For having wounded George Pomfret. at War- appeared that the outer walls of the house were built on the very verge of the plaintiff's land. On the 21st of o,!tober last a gentleman named Robinson purchased a plot of z djoining land for the purpose of building a house upon it, and employed the defendant, who is a builder, to build it. The defendant sank the foundations lower than those of the plaintiff's house, and close up to his gable wall, and to prevent it from tumbling in the defen. dant underpinned it, to do which he excavated portions of the earth under the gable wall. In consequence, one night the plaintiff's wife was alarmed by hearing the walls Icrack. This damage proceeded u n til th e windows broke impri- and the doors would not shut - and the house was consi derably shaken. The repairs had cost £i3s 75., and the house, for the purposes of sale, had been so permanently damaged as to be worth from £2OO to £3OO less than it was before. For the defendant it was contended that had he dug straight down by the plaintiff's wall, as he had a right to do, without taking the precaution to underpin it, the plaintiff's house would have tumbled about his cars, as the foundation was of so sandy and loose a kind that it would have fallen into the deeper .foundation which the defen dant was digging. It was also contended that the damage done to the plaintiff's house had bee over-estimated, as a portion of the cracks existed before, owing to the insuf-N ficient foundation and bad building ; that the damage was not a permanent injury to the framework of the house, the vertical settlement of the wall being only an inch, and that £25 to £3O would repair it. After a short absence the jury returned into court with a verdict for the plaintiff, damages £197, and leave was reserved by the learned Judge to the defendant to move to reduce the verdict by the sum of £25 on a point of law. DAMAGE IN BLEACHING : HOLLINS V. CROSS. Mr. ATHERTON, Q.C., and Mr. SEGAR, conducted the Mr. Edward Hollins, a cotton-spinner plaintiff's case and manufacturer, at Preston, brought the present action against Mr. Thomas Cross, a bleacher, at Halliwell, near Bolton, for damage caused to a quantity of sheetings which had been transferred to the defendant by the plaintiff to bleach, in the year 1850. The goods had been manufac tured by the plaintiff for Robert Outram and Co., ware housemen, in London, and they were sent to Mr. Cross, who, after they we re bleached, transmitted them to the house of Messrs. Pickford, Swanwick, and Co., the 'agents of Messrs. Hollins in Manchester, by whom the goads - _ _ _ were fo warded to Messrs. Outram and Co. They were sent to Messrs. Pickford " made up," that is, folded in a particular way, so that only the outer surface could be seen. No complaint was made on the part of Messrs. Outram. until a customer of theirs having found fault with and returned some of the sheetings in question, an investigation was made; and still further complaints being forwarded to them, they employed a LonclOn finisher to examine a considerable quantity of the goods which they had still in stock. The result was, that the goods were found to be stained, and they were returned to the plaintiff by Messrs. Outram. Mr. Hollins had some of the sheetings, which he also had in stock, overhauled, and with similar results, the damage being attributable to improper conduct at the works of the de fendant. The defendant had admitted that this might be so partially, but ultimately he declined to make compen sation, and it was to obtain this compensation that the present action was brought.—Several witnesses were exa mined to prove the damage; and at the conclusion of the plaintiff's case, Mr. Sergt. WILKINS, for the defendant, begged that the trial might be adjourned until next day, it being then half-past six o'clock. The JUDGE, after some hesitation, granted the request, and the court rose. who w in question, was s ing on the door steps prisoner attempted to go out. we her a push, which threw her down nn knocked her head against the wall. She rening of the injuries she received BITING A MAN'S EAR OFF wiih hay the steps. and 1 died the same ev mas Si was charge, ..ne bitten off the ,r of a man named Edward Davies. Mr. Blair appeared for the prosecution, and Mr. Tindal Atkinson for the de- The prosecutor was waiter to Matthew Walker g the last July isoner had a d On the 10th of that month, the the prisons wife then c with Mr. Walker about 21. (d. cutor advised his master not to fight, and told The prisoner's to go about h ars' imprisonment 111 . Pollock he defence er on the !lester, .1, the circ ceived en into welling- m several times, on which he pushed her away She ran screaming to her husband, who came up to the prosecutor, put his arm round his neck, and then bit off his ear, spitting it on the ground. The jury returned a ,s sentenced FORGERY OF A BILL OF EXCHANGE John Kinder was indicted for having forged an ac ceptance on a bill of exchange, with intent to defraud Joseph Craven Aspinall appeared for the prosePu `-- the defence. The learned I that the so-called bill of fact a bill of exchange, there being to it at the time the prisoner accepted ne tour the signature of the drawer was necessary in order to make a bill of exchance. The learned judge said the indict ment could not be sustained, and the prisoner was ac- 'e a copy, and presented The forgery was imme- SATURDAY, Joseph Lee was charged with having, at Manchester, feloniously killed and slain Robert William Cheshire. The deceased, a youth, had been run over by the prisoner, but as no great negligence was proved against the prisoner, he Job Peet was charged with having, at Liverpool, felo niously uttered and put off a certain forged request for the delivery of goods, with intent to defraud Henry Satchel!. The prisoner was an occasional car-driver, and, a short time ago, a brother carman, who had been driving a Capt. Thorp, received an order from him upon Mr. Satchell for a new hat. By some MPB!IS the prisoner obtained posses- soon of this order, ot whic it at the shop of the prosecuto he mac diately detected, and he was given into - custody. The prisoner was found guilty and sentenced to be imprisoned for four months. n Candy was charged with 1 aving, at Warring- ton, broken into the dwelling.house of Eliabeth Morris, ad stolen therefrom a tea chest and other articles. The prisoner was found guilty, and sentenced to be imprisoned fo y of obtainin J F o twelve calf h months Dertaott was charged with having, at Ashton- .;harles After a day), for un- was sentenced t a charge of having THE LIVERPOOL STANDARD, TUESDAY, AUGUST 26, 1851. rineton, on the 20th June, with intent, &4. The parties had been drinking, and the prisoner offered to fight the nd during the scuffle the prisoner struck him in _the_ abdomen with a knife, producing a wound two prosecuto s in length, and endangering his life The prisoner had an cxce lent character given to him by his master GRAND JURY ROOK—FRIDAY Jr. Buss, Q.C.) GHTER AT BLACKBURN Icaused the death of his wife, Betty Cooper, at Blackburn, on the 10th :If August. The prisoner's wife, on the day of the house She interfered THURSDAY, In the adjourned case of Hollins v. Cross, Mr. Sergeant WILKINS addressed the juryfor the defence, and de. signated the plaintiff's case a dishonest attempt to obtain money from Mr. Cross, the stains in question being caused in the grey by the carelessness of the plaintiff himself. The jury consulted for an hour, and returned a verdict for the plaintiff, damages £2OO. BROOKS V. THE BIRKENHEAD, LANCASHIRE, AND CHESHIRE JUNCTION RAILWAY COMPANY The plaintiff was employed in the paving department of the town of Manchester, and privately practised as a sur. veyor. The action was brought for compensation for persoial injury sustained by the railway accident in the tunnel near Frodsl am, on the occasion of the last Chester races. After the crash. the plaintiff, with others. was found lying under a 'carriage, with his face to the ground, apparently crushed to death. Sixteen weeks had now elapsed since the accident took place. The plaintiff was placed upon his back in his own room, and in that position up to this moment it had been necessary to keep him, it not being deemed safe to raise him up even for the pur- pose of making a better examination of the injuries he had received. One of his legs had both bones broken— not an ordinary fracture—the bones were protruding some five inches from the skin, and it was mashed rather than fractured. His left arm was broken, and his breast bone was supposed to have received serious injury. Surgical attendance alone up to the present would come to nearly £3OO ; and for a long time to come those expenses would have to be continued.—The damages were laid at £5,000 —Mr. Sergeant Wilkins, for the defence, con tended that the company had been guilty of no negligence; but even if the jury thought they had, then, in assessing damages, he asked them would not £l,OOO be sufficient to compensate the plaintiff for the injuries he had re ceived ? His lordship expressed his opinion that sufficient care had not been exercised by the company to guard against accidents when such a large increase of traffic- was likely to take place, but left the question of damages entirely to the jury. Without leaving the box, the jury found a verdict for the plaintiff, damages £1,500. FRIDAY. ILLEGAL ABSTRACTION OF CANAL WATER. ROCHDALE CANAL COMPANY V. RADCLIFFE.—Mr. Attorney-General Knowles, Mr. Cowling, and Mr. Tom linson, for the plain iffs ; and Mr. Watson, Mr. Cromp ton, and Mr. Spinks, for the defence. The action was brought by the company to vindicate their right to the water of the canal, and to recover damages from the de fendant for the use of the water in a manner not autho rised by the act of parliament passed in the 34th year of the reign of George 111., and which provided, in the 113th section, that each manufacturer, whose land was within twenty yards of the canal, had a right to lay down pipes to draw the water off for the purpose of condensation, and that only. Subsequent acts of parliament had recognised thiS provision, and, in order to prevent abuse, the propri etors of the canal, or their agents, were empowered to go upon the mill at seasonable times to inspect the engines, &c. The defendant in the present action was Mr. Joshua Radcliffe, a manufacturer, near Rochdale; and the first count of the charge against him was that he had used the canal water for the purpose of supplying the boilers and generating the steam for working the engine, for heating the mill, cleaning the boilers, sup .g a cistern, and for other purposes, at one of ms mills, called the Moss-hall Mill, on the banks of the Rochdale Canal, and near the Oldham-road—whereas, according to the act, he ought only to have used the wa ter for condensing. The defendant did not deny that he had thus used the water at the Moss-hall Mill, but he had pleaded a user as a justification. The second count charged the defendant with drawing from a drain (con necting another mill with the canal) a larger quantity of water than was sufficient for the sole purpose of condensing the steam and working the engines, and also that he had drawn water for other purposes than that of condensing. To this the defendant pleaded that the water so used had not been obtained from the canal; and, secondly, that he was possessed of certain lands for a term of years under a lease, and that for twenty years he had had a use of the water for the particular purpose of working the engines, heating the mill, cleaning the boilers, and supplying the cistern and engine-house with water. Evidence having been adduced on the part of the plaintiff, Mr. WATSON, for the defence, urged that an unfair advantage had been taken of the literal wording of the act of parliament, for it was an unprecedented thing to use one water for the en gines and another for the condensing. Besides, there was no appreciable loss to the Canal Company, as the bulk of the water was returned to the canal. Mr. Radcliffe, an uncle of the defendant, built the mill in question in 1823, when the drain to supply the mill with water was made, openly and in the presence of an engineer named Mat thews ; and though the making of a drain was against the act, yet, if under the assumption of right such a drain had been made, and the water obtained through it had been openly used for the purposes described for a period of twenty years, the law recognised an acquired right to its use. In 1829 a new mill was erected, or a new portion added to the old one; and the defendant, supposing that he had a right to use the water in the new mill for all the purposes that he used it in the old premises, extended the drain by twenty yards, His LORDSHIP, in summing up, said that some intricate pleadings had given rise to certain points of law which would be reserved. Upon two questions of fact, however, it was necessary for the jury to decide, first, whether there were two mills ; and, secondly, whether the enjoy ment which had been proved for twenty years of the use of the water for purposes other than condensing the steam was of right or not ; and he explained that, in his view, it must be an enjoyment that had taken place openly, and in a manner that a person rightfully entitled would use. The jury expressed their opinion that there was one mill, and that the enjoyment had been as of right. A verdict was then entered for the plaintiff, with leave for the de• fendant to move for a verdict for himself, or enter a non suit upon any points which he could make. Damages ls. on each count. BRICE V. STAFFORD An undefended action, brought upon a promissory note for £l5O. Verdict for the plaintiff. NICHOLS V. JONES . _ A special jury case, which had been fixed for Saturday ; it was decided by consent for the plaintiff, damagesXl,ooo, subject to terms. THE LATE RAILWAY MANIA-DIXON V. NUNNELEY Mr. Watson, Q.C., appeared for the plaintiffs, Messrs. Dixon and Overburv, attorneys in London, and Mr. Teale, an attorney in Leeds. The defendant was Mr. Thomas Nunneley, a surgeon at Leeds, and the projector of a scheme called the Newcastle and Leeds direct rail way, and the action was brought to recover an amount of money due to the plaintiffs, who had been engaged as solicitors by the defendant, to aid him in carrying out the scheme described.—Mr. Atherton appeared on the oppo site side, and, after the case had been gone into for some length, a verdict was entered for the plaintiff by consent, damages £4,ooo—the master to ascertain what business was done by the plaintiffs in the defendant's employment. EYRE AND ANOTHER V. PALMER. The plaintiffs were wholesale druggists in Liverpool. and they claimed from the defendant, a broker at New port, in Wales, some £25 or 426, the balance of an account due for rotten stone supplied to the defendant in 1844. The defence was that the goods had been supplied, not to the firm of Palmer and Co., but to the firm of Whittaker and Co., Whittaker being one of the partners with the defendant in one business, hut not in that for which the goods were purchased. Verdict - for the plain. tiffs, amount £22 2s. 4d. JOYCE V. WARD An action brought by a wholesale fruit merchant in this town against the defendant, a tailor and orange and lemon seller at Nottingham, for the recovery of a balance due for fruit, amounting to £192185. 6d. The cause was undefended, and evidence of sale, &c., having been pro. duced, the jury returned a verdict for the plaintiff for the full amount. The court rose at six o'clock. SATURDAY THE BOLTON AND BLACKBURN, &C., RAILWAY COMPANY, V. TAILOR , Mr. Watson, Q.C.. and Mr. Edward James, were counsel for the plaintiffs, and Mr. Hill, Q.C., and Mr. Manesty, were counsel for the defendant, Mr. John Taylor, of Moreton-hall, Whalley. This was a very long and tedious case, the details of which are of an uninteresting character. The action was to recover from the defendant a model which had been made of the defendant's mansion and park in the year 1845, to be used before the committees of the House of Commons in opposing the projected lines of other companies; and the question was one of simple ownership. The plaintiffs untended that an order had been given to a Mr. Flintoff to make the model by the promoters of the company's bill, and that, although it was made apparently for the defendant, and his name used by the employer of Mr. Flintoff, yet that it was in fact made for the plaintiffs, for the purpose of opposing the lines of other companies which had been projected, and who desired to pass their lines through the defendant's grounds; that they were liable to pay for a preparation of the model, and that Mr. Taylor was merely an agent for them. The defendant's case was, that the model bad been made at the request of hi; solicitor, and that, although there was an under. standing between him and the promoters of the bill to indemnify him for all expenses, yet that he was liable to pay for the model, having given the order. Evidence in support of these points was gone into ; after which, the learned judge summed up, and thz jury returned a yerdict for the plaintiffs. CLOWES AND OTHERS V. HOLDERNESS AND ANOTHER Mr. Atherton, Q.C., and Mr. Cowling alpea;eifo;ae plaintiffs; and the Attorney-General and Mr. Crompton conducted the defence. Mr. ATHERTON stated the case. The plaintiffs were Messrs. George Rennie and John Clowes, merchants, the former at Bombay, and the latter in Liverpool. The defendant, Mr. T. Hunter Holderness, also carried on business in this town, trading under the title of Chilton and Holderness, and the action was brought to recover the price of 205 bales of cotton, which had arrived froin India in November last. In September in the last year, the plaintiff, Mr. Clowes, was advised that two cargoes of Surat cotton were consigned to him for sale by the growers at Bombay. In due time, 217 bales arrived by the Marion and 50 bales by the Fairfield. Before their arrival, the plaintiffs applied to Messrs. Lit tledale, the brokers, to effect a sale; and a sale was ac cordingly made by them to the defendants. Mr. Rennie, (Mr. Clowes's partner,) who conducted the business of the firm in Bombay, never gave any guarantee as to the quality of the cotton, and it was expressly stated that it was unmarked. After the contract for sale had been made the Marion arrived, and the defendant thought pro per to decline to take the 205 bales which she had brought. With regard to 12 bales, the ether part of her cargo, they were materially damaged, and there was a stipulation in the contract relieving the defendant from liability to take them. The Fairfield arrived in December, with the re maining bales, to which no objection was offered on the part of the defendants, and they were taken by them. An agreement had since been made for the sale of the 205 bales of cotton ex Marion, and they were accordingly sold without prejudice to the plaintiffs ; and the loss occasioned to them by such sale amounted to £490, which sum it was now sought to re,over. Mr. Harold Littledale was called and proved the signa tures of his firm to the bought and sold notes, but referred to his manager, Mr. Greaves, who had charge of the nego ciations for further evidence. Mr. Joseph Greaves was then called, and stated that he conducted the negociations with the defendants for the sale of the cotton. This evidence tended to support the defendants' side of the case more than that of the plain tiffs'. At the time he was dealing with the defendants he was under the impression that the cotton was merchant's cotton and not native cotton, and he was not aware that it was of the inferior quality which it proved to be. It was not Surat, but the lowest description of cotton, and known as " Compter," and instead of having a fine staple as stated in the contract, it had in fact no staple at all. He could not recollect any exact words used by Mr. Clowes when conversing with him on the subject, which led him to believe that the cotton was of a superfine kind. Had he known the quality he should have declined to sell it. The plaintiffs conducted all their sales through Messrs. Littledale's house. The ATTORNEY-GENERAL addressed the jury for the defence. He viewed the case as one of considerable im portance in regard to honesty and fair dealing. Parties were bound to afford every information as far as possible to a purchaser, in'order to guide his judgment to a nroper price. He asked whether Mr. Clowes had acted with entire frankness, or whether or not he had been guilty of suppression, for be was aware that bad he divulged the facts the price of the cotton would have been materially altered. The defendants thought they were buying mer chants' cotton, and the brokers thought they were selling that description. Both the brokers and the defendants had been imposed upon. The plaintiffs knew the course of business pursued by Messrs. Littledale, as they con ducted all their sales through that firm, and they knew that if they told them the quality of the cotton, they would have declined to have anything to do with it. His clients had wished the cotton to be sold immediately upon its arrival, but this had been refused, and which, if done, would have brought down the loss to £l5O. The cotton was described in the contract as having a fine staple, but it had been proved that it had no staple at all, and that fact alone would justify his clients refusing to take it. The learned gentleman concluded an able ad dress by calling on the jury to support honesty and fair play, as the basis of commercial dealings. The Learned JUDGE summed up strongly in favour of the plaintiffs. The jury must not impute fraud without powerful evidence of it, and in his opinion no fraud had been attached to Mr. Rennie. The jury retired about twenty minutes to five o'clock, and were locked up. They did not return into court till twenty minutes to ten, having been absent five hours. The verdict of the jury was for the plaintiff, damages £75, costs 40s. One of the jury wished to make a remark, but, as the judge was absent, he was not allowed to do so. WILLIAMS AND PARK V. CARSTEN AND ANOTHER Mr. Crompton and another learned gentleman appeared for the plaintiffs, and Mr. Watson, Q. C., for the defend ants. The plaintiffs are iron merchants in Liverpool, and the defendants are merchants in London, and the action was brought to recover damages for breach of two con tracts for the sale by the plaintiffs to the defendants of 300 tons of iron. While the plaintiffs' case was being opened an arrangement was agreed upon, by which a ver dict for the plaintiffs for £lOO was taken by consent. BELL AND MARSHALL V. CARMICHAEL, BREMNER, AND JOHNSTON The Attorney-General and Mr. Cowling were for the plaintiffs, Mr. Sergeant Wilkins appeared for Mr. Car michael, and Mr. James for Mr. Bremner and Mr. Johnston. This was an action brought to recover the sum of £B2 19s. for goods sold and delivered. In the year 1846 the plaintiffs, who reside at Shields, supplied a quantity of timber and other materials for a vessel named the Doriss, of which the defendants are joint own , rs, and which, it was alleged by the plaintiffs, were supplied with their en tire concurrence. The Doriss had been built at Cork, and in the year 1846 the three defendants were registered as joint owners. She was sent to London to have engines put in, as it was intended to turn her into a screw steamer. She also required masts and other equipments, and the defendants applied to the plaintiffs to supply them, which they did to the value of the amount sought to be reco vered. The plaintiffs had brought their action originally against the defendant Bremner alone, who had pleaded that he had contracted the debt as joint owner with the two other defendants; the plaintiffs had therefore brought their present action against all the owners. After evidence had been gone into, Mr. Sergeant WILKINS submitted that there was no case against his client, as there was no evidence to show his liability. He contended that it had not been shown that his client had clothed Mr. Bremmer with the neces sary authority to employ the plaintiffs to convert the vessel into a ,crew-steamer ship. The learned JUINia thought there was a Prise to EO to the jury. Mr. Sergeant WILKINs then addressed the jury on behalf of his client, contending that there was nothing in the evidence or correspondence which had been put in to render his client liable, ani that the alterations and repairs had been done without his superintendence or consent. He also commented upon the length of time which had elapsed before the present action had been brought. _ _ _ _ The learned JUDGE having summed up, the jury immediately returned a verdict for the plaintiff against all the defendants ; damages, £69 17s. sd. STOCK V. BARKER. This was an unopposed action, in which a verdict was taken for the plaintiff, by consent, for £5,000. THE LATE SEIZURE OF A MERCHANT SHIP BY MI LITARY PASSENGERS.-A relative of Captain Vesey has addressed a letter to the editor of the Hampshire Tele graph, in which he states that the captain of the barque Levenside was constantly drunk, used the most disgusting language in the presence of the passengers, among whom was a lady, and after having twice presented a pistol at Captain Vesey, was at last in the act of firing it off within three inches of his heart when he was disarmed and hand cuffed. Captain Vesey's life was only saved by his fortu nately being able to seize the pistol, with his thumb placed under the hammer, by which it was much cut as it fell. The next day, as Captain Campbell continued, when sober, to be as violent as before, he was kept in confinement, his boxes and papers sealed up, and Captains Vesey and Niele, with the assistance of the crew, carried the ship in perfect safety to St. Helena, when they delivered Captain Camp bell to the magistrates, who did not hesitate a moment in keeping him in prison to take his trial. The Duke of Wellington, tile Marquis of Anglesey, and Lord Fitzroy Somerset, on reading Captain Vesey's statement, and the report of the St. Helena magistrate, and questioning an officer just returned from St. Helena on :the subject, de clared that they considered Captain Vesey as not only blameless, hut as h;-ving acted with the greatest coolness, courage, and determination. HER MAJESTY'S VISIT TO THE NORTH. It is now definitely arranged, says the Observer, that her Majesty will arrive at the Great Northern Railway, from Osborne, at, or as nearly as possible, one o'clock on the afternoon of to-morrow (Wednesday). She will be received at the station in Maiden-lane, which will be decorated with emb!ematieal devices in evergreens, dahlias, and other flowers suitable to the occasion, by Mr. Denison, M.P., the chairman of the company, together with the directors, &c., who will conduct her Majesty and the royal suite to a magnificently-fitted, although temporary, suite of apartments, erected over the station under the direction of Mr. Cubitt. The royal train will be in readiness at two o'clock precisely, in order to give her Majtsty and her Royal Consort time to partake of the splendid dejeuner which is to be provided for her by the company on her arrival. The Queen's carriage will be surmounted by a splendid silk royal standard, four feet six by two feet, it having been ascertained that all the bridges and tunnels on the line will enable them to carry a flag of such dimensions and leave four or five inches to spare. The length of the royal saloon carriage is 18 feet 6 inches, by 7 feet 6 inches in width. It is lined with white brocaded silk, of Indian manufacture, with raised scarlet flowers ; and as an evidence of texture and value of material, we are assured that if it were made in England the cost would be at the rate of three guineas per yard. The windows are of the most beautiful plate glass, and the whole of the furniture, as well as the retiring-room attached to the saloon, is of walnut tree wood, the chairs and ottomans being covered with the same material as the lining of the carriage. The carriage is lighted from a lantern, with a powerful reflector, over the retiring room ; and on the opposite side of the saloon is a magni ficent mirror reflecting the light back again, giving the apartment, for that the carriage really is, a most brilliant and elegant appearance. The only exterior distinction is a broad gold moulding round the carriage, with a spten didly-gilt crown and coat-of-arms over each doorway, and the pannels exquisitely painted with the orders of the Bath, the Garter, and the other orders of knighthood. The Prince of Wales' saloon and retiring-room is of equal dimensions, and equally elegant, with the exception that the lining is pure white brocaded silk, instead of having any coloured flowers, and the saloon for the royal suite is very similar. The curtains are of beautiful green silk, affixed to gilt rods, and the saloons are fitted with wine coolers, chiffoffonniers, couches, &c., and all the appurtenances of an elegantly furnished apartment,. It appears now, however, that the above arrangements were, at a late hour on Saturday evening, set aside. Her Majesty, on reaching the Nine Elms-station of the South Western Railway, will proceed to Buckingham-palace, where sheavill first partake of refreshment, and then pro ceed to the Great Northern Railway, arriving at the platform at two o'clock, the original time appointed for her departure. In consequence of these alterations, the works in reference to the preparation of the apartments for the reception of her Majesty on arriving at the King's Cross-station have been countermanded. The directors have given orders for the erection of a gallery on the plat form to which two or three hundred ladies and gentlemen will have the privilege of entre'e by ticket only. The pre parations for the reception of her Majesty at Doncaster are upon a moat magnificent scale. By permission of the company, the corporation have erected a capacious gallery on the platform, which will accommodate several hundred ladies and gentlemen to witness the ceremony of the presentation of an address to her Majesty on her arrival. She will also be received, on the arrival of the train, by a guard of honour stationed on the plat form. The distance of the Angel Inn, where her Majesty and her Royal Consort are to sleep, is about a quarter of a mile from the station, and within that short distance no less than three triumphal arches are in course of erection, which will have suitable inscriptions and devices. Every house in Doncaster is undergoing a thorough renovation of the exterior ; and the corporation have ordered a general illumination, and a grand display of fireworks is to take place in the evening in honour of the event of her Majesty making that town her resting place for the night. Official information having been received in Edinburgh that her Majesty will arrive at. Holyrood Palace on the afternoon of Thursday, about three o'clock, on her way to her " Highland home" at Balmoral, the authorities are busy making the necessary arrangements for the reception of the royal party. IFese will not be on anythin g lik e the extensive scale of those of last year, the circumstance of her Majesty then coming to reside for the first time in the ancient palace of the metropolis of Scotland, coupled with the laying of the foundation stone of the National Gallery for the Promotion of the Fine Arts, by Prince Albert, having contributed to render the last visit one of more than ordinary interest. It is also understood that her Majesty is desirous that there should be no pubiic dis play on the occasion of the forthcoming visit, wishing to be received in the quietest manner possible. No hustings are to be erected on the route of the royal party from the railway station at Meadowbank, which is about half a mile from the Palace at Holyrood ; and only a few yards of barricade will be erected at the various avenues to the Palace-yard, to prevent crowds collecting in front of the Palace. Last year the duty of escorting her Majesty from the railway to Holyrood was intrusted to the Royal Com pany of Archers, the Queen's body guard for Scotland this year this honour is to be assigned to the high con stables of the city. We understand that one reason for tl.is alteration is that her Majesty, on her former visit, expressed a fear that by having the Royal Company of Archers for her escort she was subjecting many'gentlemen to great personal inconvenience, as some of those belong ing to this body were located in distant parts of the king dom. The route of the royal party to Holyrood from Meadowbank station is to be lined by the Enniskillen Dragoons, stationed at Piershill Barracks, and the 33d Infantry, lying in the Castle. Her Majesty only stays for the night at Holyrood, leasing next morning, at eight o'clock, for Balmoral, proceeding by the same route as that of last year. THE QUEEN'S VISIT TO LIVERPOOL We regret to learn that no official intimation has yet been received by the authorities here as to the Royal in tentions with reference to the contemplated visit to this town in October, though it seems no longer doubtful that her Majesty will pass through Liverpool on her way from Scotland. It is conjectured that her Majesty, with Prince Albert, the Royal children, and suite, will enter the Mer sey on Wednesday, the Bth of October next, in the royal yacht, should the weather be at all favourable ; should it un'ortunately prove otherwise, the Queen will travel by railway, so as to reach Aintree early in the afternoon of that day. Her Majesty will then proceed direct to Crox teth llall, where she is to dine and sleep that night. Information of the intended honour was conveyed in a royal autograph letter to the Countess of Sefton, who, with the Earl, is expected daily at Croxteth from Scotland. Already preparations, on a scale of magnificence, are in active progress at the hall, to give a becoming reception to the royal guests. On the 9th she is expected to visit Liverpool, and it is said that after inspecting the decks, St. George's Hall, and other objects, will proceed in the afternoon by the London and North Western Railway to Patricroft, the nearest station to Worsley. Our local authorities are somewhat perplexed as to the royal inten tions. The Mayor is in London, on private business, and no arrangements therefore have yet been made for her Majesty's reception. Nothing is known either in Lon don on the subject, and it is therefore conjectured that the Queen does not contemplate any public demonstra tion. Of course the opening of St. George's Hall this year is quite out of the question, but we are credibly in formed that the assize courts in that splendid building will he ready for use next spring. Whether her Majesty visits Liverpool and Manchester or not, it is quite certain that her visit will occasion magnificent festivities. We may add, as a most interesting additional fact, that his Grace the Duke of Wellington will join the royal party during their visit to this important county, and his intention naturally recalls to mind his remarkable and melancholy visit in September, 1830. Abundant opportunity will be afforded during the ensuing six weeks for making the most ample preparations for the suitable reception of the royal party, and to make the demonstrations of loyalty on the part of our community worthy of the Queen and of the town of Liverpool. A local contemporary, in reference to the expected visit of her Majesty to Liverpool, gives the following interest ing summary of the times and occasions on which Liver pool has been honoured by the presence of royalty : King John was in this neighbourhood in the year 1207, the year before he granted the first charter to the burgesses of Liverpool. On that occasion he probably bought the land on which Liverpool stands from Henry Falcona rius ; and Toxteth-park from one of the Molyneuxes, of Sefton, an ancestor of the Earl of Sefton, who is now, after a lapse of more than 600 years, about to entertain Queen Victoria. The next king who visited Liverpool was Edward the Second. The Castle of Liverpool was one of the nume rous castles which he seized, after ho had defeated and beheaded Thomas Plantagenet, the second Earl of Lan caster, near Pontefract. Lionel, Duke of Clarence, one of the sons of Edward Third, passed through Liverpool, on his way to Ireland, the year after one-half the population of England had been destroyed by the black plague, and obtained from the Bishop of Lichfield, then the diocesan of South Lanca shire, permission for the burgesses of Liverpool to bury the dead in a new cemetery adjoining St. Nicholas's Church. Henry the Second visited his stepfather, the Earl of Derby, at Knowsley, but there is no record of his having visited Liverpool, though the town and castle were his private property. Prince Rupert, Charles the First's nephew, paid Liver pool a very rough visit in 1644, when he stormed it, and put good part of the garrison and inhabitants to the sword. His uncle wished to pay another visit of the same kind in the following year, but was stopped at Chester by Crom well's cavalry, who routed the royal troops. and compelled the unfortunate monarch to fly to North Wales. Charles the Second. then known as the King of the Scots, marched through Lancashire. on his way to Wor cester, in the year 1651, but found no admission into Liverpool, which was held by a strong parliamentary garrison. William the Third, just raised to the throne by the par liament of England, passed through Liverpool on his way to Ireland. in the year 1689. and reviewed, on Wallasey Marsh, part of the army which fought at the Battle of the Boyne. He was accompanied by Prince George of Den mark, the husband of the Princess Anne, afterwards Queen of England. The young chevalier, Charles Edward, met with a warm reception at Manchester, in 1745, but did not venture to show himself before the thoroughly Hanoverian town of LiveFpool.: The Duke of Gloucester, a nephew of King George the Third, resided at St. Domingo-house, Everten. in 1823, and commanded the Volunteers raised in this neighbour. hood for the defence of the kingdom. Geo visited rge,Pri Liverpool nceofW in theales,af year terwa mOO. afterwards King George Fourth, the The recent visit of Prince Albert is familiar to all. THE QUEEN'S VISIT TO MANCHESTER. Her Majesty's visit to the manufacturing districts . Is already being made the subject of most unfeigned rejoi so far as Manchester and its neighbourhood are concer ned ' and, although seven weeks have yet to intervene, no tim e , it it is thought, will be lost before preparation is made f or giving a hearty welcome to the royal visitor. Her Me.le r t; accompanied by the Prince Consort and royal suite, 0 reach Worsley-hall on a visit to the Earl of Ellesmere on the evening of the 9th of October. and on Friday, thelOtls! is to visit the boroughs of Manchester and Salford. 112 1 royal party will arrive at Patricroft by the London an d North-Western Railway, where the present station W iU be extended so as to cover the Bridgewater Canal, passi n g under the line at 30 or 40 yards' distance. A covering will he thrown over the line so as to convert the static/ into a spacious pavilion, which will be handsomely atte nd a up and decorated for the occ a sio n , under the superinte n d ' ence of the railway company. From this pavilion 11r, Majesty and her suite will descend by a temporary fl i g h t of steps, to be erected to the left bank of the Bridgewa ter Can?l, where the Earl of Ellesmere will have a bamboo!: barge in waiting, and by thi s th e y w ill be concered Worsley. The distance is about two miles. the cana l skirting the lawn in front of the hall, and at the distance of about 310 yards. The noble earl proposes to erect a pavilion and landing-stage here again, and a carriage drive to the hall will be cut across the lawn for the convenience of the royal party. The Queen and her Royal Conseil will stay at Worsley during the night, and will be the guests of the Earl of Ellesmere. On the following morn' jug Prince Albert will drive to Manchester, for the Par: pose of viewing some of the leading processes of its various manufactories, and in the afternoon her Majesty will Pro reed to Manchester, accompanied by the Countess a, Ellesmere, the Duke of Wellington, and royal suite , an : will be escorted by Viscount Brack ley, with his troop of yeomanry cavalry, as far as the e n t rance t o the boroug h of Salford. In Salford it is expected that her Majesty fft visit one of the people's parks—th a t name d a fter the 1 " Sir Robert Peel—where an address from the authorities will be presented. Her Majesty will next proceed throug h the borough, entering Manchester close under the tower of the old cathedral church, over the Victoria -bridge On named in honour of the Queen at its erection, soon after her accession to the throne). She will then visit the 131 ' change, now one of the finest public rooms in the hieF i j dom, and, after passing through the principal streets, 5 1," receive an address from the cor p ora ti on a t th e T o wn-bau• Her Majesty returns to Worsley in the evening to dinner: and, after spending another night at the hall, will proce ed per T h ra e il ar t r o ae th g e em so e u e t t l s t. for enabling the public to get a good view of the royal cortege, and to give expression to the ir lov , l feelings in a suitable manner, are expected, as far as the noble earl who is to entert a i n t he royal visitor and th e county authorities are concerned, to be on a liberal scale' As respects the towns, nothing has yet been decideduPV; At Patricroft the public will not b e a d m itt e d upon t"` platform, but places will be assigned the m ou tside to g , ° e a good view of the royal embark a ti on on th e ca nal. Th e pu t b l b i o a n w k ill 0 f n t o i t i e b e e a a n ' a l l o:v b e u d t to th e g r o e upon m t p h l e e t r o e w e m i n alpp e a th , lef gt h e r e two miles on the right bank, and people are to be admit ted to this space on condition of not attempting to run l along the side of the canal to keep p ace w ith the roy al barge. It is proposed also to admit parties making a proper application to the grounds of Worsley-hall, COrn,: mantling srpceohys oaeodl routeschools to enclose ne a nd et y lep i o e asi z relt ai o pep f lsa:ch t ae h esn e s dtfeop, Manchester, sec theen the o ht afhececdofeembi distance al accommodation wcoaidtaai following isi n do . aneyi of Sun day tt o si n us g rip ; 0 : mile!! there will be plenty of opportunity. O n F r id a y night 15 is in contemplation to celebrate the ro y a l v i s it by a Pu blic illumination both in Manchester and Salford. CHESHIRE AND NORTH TVALES.- A purse of gold has bean presented by his congregnti. ll to the Rev. G. Day, on his removal from St. John's's° . kenhead. to Limehouse. THE POWDER MAGAZINES. --The new site for th e magazines has been fixed upon, and an announcement /f the exact locality will, it is e xp ec t e d, b e ma d e i n an earl/ number of the Gazette. BIRKENIiEATTTitTSTEES.—The election of four WT . tees for the dock trust of Bi r kenh ea d t oo k pl ace on W e e e , nesday. The retiring members, M essrs . J. L a i r d, R. " Pritchard, W. Pike, and W. Cole, were re-elected. At, a special general meeting of the Wallasey comee ls- sioners, held at the Queen's Arms, Liscird, on Thursdaft Mr. Charles Holland, Mr. J a mes St r i nger , and Mr. Isa, ac Penny were elected from that body t rus t ees o f the li'r" kenheed dock trust. NORTHWICH.—On Tuesday last, Mr. Alex. M`Donald° first-class-inspector of the Liverpool police, was chosen, by the magistrates at Knutsford, head constable of Nortl4 wich. There were sever a l can did a t es , b u t M r . WDO I,BI , was chosen unanimously by the sev en t een magistra te ' present. CHESTER AND HOLYHEAD RAlLWAY.—Traffic for the week ender:, 17th instant :—Passengers: C. & H. main li,n o e i ' £2934 3s. Od. • Mold, £44 17s. ; steam-boats, 4s. 9d. ; total, £3601 ss. sd.—Parcels: C. & H. main line , £76 3s. 3d.; Mold, £1 2s. 3d. ; steam-boats, £25 12s 64 4 total, £lO2 183. 01—Goods, cattle, &c. : C. & H' main line, £5Ol 49. 7d. •, Mold, £B3 83.9 d. ; totale£sB4 135.4 d, —Mails, £s7s.—Grand total, £4863 16s. 9d. TRANMERE.—An election has taken place for If assistant overseer, in the r o om o f M r . D aw ki ns , a faulf er. At a meeting of the ratepayers, held on Tuesday" two candidates were nominated—Mr. Richard Joe,' clerk to Mr. Lowndes, vestry-clerk of Liverpool ; and ' n il Henry Hill, late of the Birkenhead gas-office. A 1)- 0 took place on Thursday and Friday, when, a fter a ke e n i contest, Mr. Hill was returned by the sl en d er majority " 2'; the numbers being, Hill, 259; Jones, 257. ac HORRID BARBARITY.—One of the most atrocious f' of inhumanity and barbarity that we have lately beard was perpetrated in Boughton on Tuesday Inor ni q. upon the body of a child, a little boy about t w o years T er The poor thing was conveyed by it s mo th er a nd ae° t .'bo female to H. Churton, Esq., s urgeon , w h o re sides in ' r e neighbourhood, and its body presented a number of se ve g , burns and contusions. Cries were heardin itsparents' h°1 1 1, 6 about eleven o'clock, and great suspicion exists that': brutality had been committed by its mother. The 1 3° ,Lel le° are investigating the circumstances of this most diabeu outrage on humanity.—Chester Courant. THE CARNARVON REGATTA.—Wednesday, the Sept., is the day fixed for the Royal Welsh. Yacht Le do Regatta, at Carnarvon, the sports being conducted ell sb y the presidency of the Right Hon. Lo r d Willoug i , u er e D'Eresby, and a list of most i n fl uen ti a l p a t r ons. iS are eleven prizes to be contested for, the chief of whie' ee the Carnarvon Cup, va l u e 40 gu i neas , t o b e s ailed fo r t ; yachts of thirty tons. The Prince of Wales CLIP is e eti second prize, value 25, guineas, to be s a iled for by ... se V a ' a i s h not exceeding thirty tons. There are also the Royal "bts Yacht Club Cup, value 25 guineas, for pleasure Ya' tir e' belonging to any port in th e M ena i St ra its ; an Amat e de Purse, of 15 guineas, for fou r - oare d g i gs ; a Waterrcar• Prize, for four-oared boats belonging to the port 0 ' iseo narvon ; a sculler's race, &c. The whole 'affair prole to be unusually gay and brilliant. ° THE TARVIN HALL EXHIBITION.—The arranee te e e o n, for this grand horticultural and a g ricultural exhib ill iete to commence this day (Tuesday), are of the most Come. description. The dahlia ground will forma hea ll a is promenade ; it contains an immense collection, an tai nearly an acre in extent. A great pile of oreen l rock work has been formed under the snperinteirder,le e ' t he Mr. James Harrison. This will give great effect “ l os ee. fountain, and enable the decorators to display thfe r T e tero and heaths to greater advantage. M r . Veitch, of -rA x tes• has brought down one of the rarest pl a nts in their e e . o ebe ordinary collection. A most excell en t ou t-door reV to et ment tent has been erected, and fitt e d u p a fter the P' e nd t m h o e re W ti o m ly e e t r o to e n n j s o t y at i i t o . n, T b h u e t re w w it i h il r b a e the su r c l h es a s n to e lS ib ii a t r i g e e t; of roses and hollyhocks as has rarely been seen; . 0 0 collections of coniferte ; some hundreds of variet i re ett forest trees, and implements of all kinds. The bo d th e too, will be well furnished with beautiful articles, an musical arrangements are first rate. T , „as,. t o CONSECRATION OF THE CHURCH OF ST. Jis — he LATHOM.—This church, built and endowed by Chest Earl of Derby, was consecrated by the Bishop of ue, on Tuesday last. The church was built by 5 1,11. . 4 0 0 10 is much superior to most of that gentleman's pre" eat t le l i to It consists of nave, chancel, south aisle, with WI /s :, west end. The pulpit and altar are of carved oalt: : , seP, seats in the nave and aisle are open. The c hanee,"opr v y rated from the nave by a low screen, and is whe h li g fele priated to the priest and choir; the prayer de s o uts l south, the lettern west, and the faldstool s tands tr iet t the chancel door. At half-past eleven the bishaV e 1)°, 1 ":, accompanied by the Earl and Countess of De r *fl. Skelmersdale and his family having arrjved shor t (1 • 0 After the morning service commenced, the Ile ers, an of Rawstorne, vicar of Ormskirk, reading the Pr 6 ' T WO o th r e m ß sk ev ir . k C ); J t h . e H l o e r s n so b n y s ,.rec T to h r e o R f e ß v. ur .. (f L or . ne n e i r ed i n ign e. s ,ue ° l3 : l ,l o , curate of the new church, read the gospel, 813 e oir ti c eS H. Rowe, the epistle. The bishop delivered en - se ateo te j sermon, and during the reading of the offertorj er ooen oedA m fsTd a htEa d heßy e i er, T f oßL o ßf r roui trd t shd h gTe e e. schools, raaa:tennew:Lho pore tr hd, whiche.h e r j 'e , to £54 14s. tacainioeTcduoitrpinitlEref, prospective, ni G on w ve t e a da e: s nn vi c e Cha ti e ce itig t • rn ent in the long-pending dispute as to the hAeilrisorlorf;chre:o: t was filed by John William Spencerßro w Brro perr• g er , . 0 5 John, Earl Browniow, Edward James, Ea rl Veer Marianne Margaret Egerton, Charles He n r y li itt Ernest Richard Charles Cust, William TatP"„aroe" e• and Wilbraham Egerton, his son, being ii t nn h ge tailfor i a l n a d p n e o d e sl satrustees thata o n f d t the ea l a tp t e tl ah E ien a tt r i wasrlffuosf t e e B r s i e d gro g i le.e,°ll;it-t ePof loi for the rents and profits due since the d!u. o f the n po o 1 be A f l Alford; and t a e n ilothhoe William, question t E u a rn rl ed of o ß n r t i h d e g e v w a si l of remembered that thP late duke bequeatheu. j~jg pss _ . he tt sessions to Lord Alford, if he should acqustrue,rtitie, Duke or Marquis of Bridgewater. No th g e , : o tt worth n L . u , Obtained, or now exists. Lord cran Th e j a e cthc condition in the will was a valid provision. the Tibilid therefore, was that the plaintiff had no rig ht pos relief which he asked for, yet he had a vI3 "14 !tr. d e r n talrof of interest which prevented his bill fromed. 1 1 _ op , The demurrers must, therefore. be o rrul „„0 0 11 understoodpealtothe House that o the of Lords.hecasawould be carrled pt house of Moss, and stolen therefrom four pair of boots ' , Tation. a verdict of guilty was ordered to be transported for seven years g invest returned, and prisoner w NISI PRIUS.—TUESDAY. BREACH OF CONTRACT-O'BRIEN V. HEAP. Mr. Francis O'Brien, a corn-dealer of this town, sued sioned by an alleged breach of contract entered into on the 9th August last, to take certain premises in Soho street, as a starch manufactory. The plaintiff being desi rous to give up his business, agreed to let the premises to the defendant at a rent of X7O a-year, the tenancy to com mence from the Ist of September last. It was also agreed that the various trade fixtures should be taken at a price to iff gave up Jusiness note from the defendant, dated Blackburn, scat as very sorry he should not be able to take pos session of the works, as be had not been getting on so well among his customers as he had expected. Mr. O'Brien refused to release him from his engagement, and gave him ine he v legal notice to that effect. The premises are still unoc cupied. The plaintiff had swrendered them to Mr. God frey on six months' notice, commencing on the 12th Au gust, and he now claimed the six months' rent from Sep tember till April, as well as damages for the loss which he was alleged to have sustained from the fixtures not having been taken as agreed on. and compensation for the loss premises in proper repair. Verdict for the plaintiff, da mages, X4l. ROTHWELL V. WHITEHEAD AND ANOTHER. This NVR3 an undefended action brought by Mr•. Richard hisvell, :er merchant, a Mr. Lomas, who formerly resided Netberby, neat. York, to recover two deposits of £lO5 each, and two sums f £lO each, paid by the plaintiff, as the allottee of some ;hares in the " North Union, Trent Valley, and Midland &c., Direct Railway," projected in 1845, but never com menced. Verdict for the plaintiff for the amount claimed. CHRISTIAN AND OTHERS, EXECUTORS, V. SQUIRES This was an action brought by the executors of a Mrs. Wilkinson, the widow of a gentleman in the legal pro fession, who, during her lifetime, in 1838, entrusted to the defendant, formerly a medical man in Liverpool, the sum of £2,100, to invest for her in some good security. A promissory note was given by the defendant, who conti nued to pay the interest for some time, but becoming em barrassed, his payments became irregular. The plaintiffs sued for the recovery of both principal and interest. Ver dict for the plaintiff f0r£2,159, damages £5OO. Execution in six weeks DISPUTED CLAIM TO INSURANCE The plaintiffs in this case were Bird and others, official and creditors' assisrnees of Mr. John Ridgway, who for merly carried on business in this town and New Zealand, and they sought to recover the sum of £l6OO, which they alleged that the defendants, Messrs. Marshall & Edridge, insurance-brokers, in London, had received on account of the estate. The defendants denied their liability, and pleaded as to the £l6OO mutual credit. In the com mencement of 1848 Mr. Ridgway's circumstances were unfavourable, and in February or March his creditors were called together. The defendants were creditors to some amount, having had transactions with Mr. Ridgway in the insurance of vessels. It was found desirable that the property belonging to Mr. Ridgway should be assigned over to certain gentlemen, for the benefit of all the cre ditors, and that his affairs should be wound up by these gentlemen, they employing Mr. Ridgway, under certain regulations, to conduct the business as he had hitherto done. Mr. Moon was one of the gentlemen nominated trustees. At that time there was a vessel, the Nelson, which had belonged to Mr. Ridgway, and which was then on a voyage to New Zealand. It was thought desirable to insure her, and Mr. Moon wrote for that purpose to the defendants, who effected the insurance. Some diffi- culty was then experienced in carrying out the deed of assignment, as some of the creditors refused to come in, and amongst the dissentients now were the defendants. Accordingly, upon the 20th of November, a fiat of bank ruptcy was issued against Mr. Ridgway ; and Mr. Bird, the official assignee, and the trade creditors, were two days afterwards appointed. The Nelson was lost, and the assignees then wrote to the defendants io take steps to obtain from Lloyd's the money on the policies on their behalf. They did receive the money, but retained it till their claim upon the estate of Mr. Ridgway should be sa tisfied ; and alleged that they had effected the insurance on Mr. Ridgway's account before he became a bankrupt. In support of the plaintiffs' ease, evidence was adduced, to show that the defendants' claim had been barred by the fiat being issued out within six months after the date of the assignment ; whilst on behalf of the defendants it was contended, that there had in fact been no proper as signment, but merely a memorandum, and that they had, in the correspondence, only recognized Mr. Moon in the capacity of a guarantee, and not as a trustee. Mr. Wilde, for the defendants, contended, that, in law, an insurance broker has a lien upon policies left in his hand, not only for the premiums of the particular policy, but also the general balance of an account. The jury found that the defendants in the transaction had been acting as agents for the assignees, and a verdict was therefore returned for the plaintiffs for £l,4ll,—Mr. Wilde having leave to move, if the court above should think it a mutual credit. In the cause CLARE v. DUNcAN and OTHERS a verdict was taken by consent for the plaintiff, £1,041 debt and £5O damages, subject to a reference. The next action was brought by Mr. Hare. a gentleman living at Broom-hall, in Yorkshire, and Mr. Charles Chadwick, a physician, at Leeds, against a collector. named Hyde who had not accounted for rents which he had received on behalf of the plaintiff. The defendant had previously decamped with moneys, but was now in York Castle. Verdict for plaintiff, damages £3037 WEDNESDAY UNDERMINING A HOUSE.-ROWLINSON V. NICOL Mr. Richard Rowlinson, a broker of Liverpool, brought this action against Mr. Joseph Nicol, a builder, also of this town, to recover for damage caused by the defendant, undermining the plaintiff's house, whereby it was much cracked and injured. Mr. Sergeant Wilkins and Mr. Crompton appeared for the plaintiff; and Mr. Atherton, Q.C., and Mr. Hender son for the defendant. _ It appeared that the plaintiff had built himself a house in Faulkner-square, Liverpool, in 1846, on the building of which he had expended a sum of £2,200, and had given £4OO for the land. The house was of a very substantial character, and was handsomely decorated. The founda tion, however, on which it was erected was sandy, and it