Northern Times. — Liverpool, Merseyside, England, 1859-01-26 00:00:00

....4 , ...'.. 1b United 56, 323 uad dull owing a meticed at very Coffee! article 12d• !es paid iemapa_ :einaini inhoted k- . c., on 53s 6 d s 9d to The i rgare , , Alfred ; aria 3 a fair ere wa The ne, ad equest• market of last Ly, and lescriP° es. but a large A these age of ton and , s s ince Lea gold al cony th JaP'' E n gli S poi. r oe, earl' VICE CHANCELLOR'S COURT.—JAN. 24. SCOTT AND ANOTHER V. DIXON. The plai n tiff s in this action were John Scott and Robert Robinson, who sued the defendant, Joshua Dixon, one of the directors of the Liverpool Borough Bank, to recover damages for certain false representations alleged To have been made to the plaintiffs respecting the affairs of the bank, whereby the plaintiffs were induced to Purchase certain shares in the bank, which afterwards Was found to be insolvent, and stopped payment. The alleged false representation was contained in a report presented by the dire c t ors t o t h e i r s h are h o ld ers i n th e month of July, 1857, which was set out at length in the declaration, as follows : Ra t„ !sie, Esq ` . ifverpool Borough Bank. "Board of Direetors for the year 1856-7 : thb o Chairman ; Christopher Bird Jones, u eputy-chairm an ; Edward Benn, Es q. ; Duncan i l ob n -aY, Esq. ; J o h n C ropper , E sq . ; D av id Lamb, Esq. ; ert Crosbie, Esq. ; Joseph Pater, Esq. ; Joshua kEs.”,,• James Ryder,Robert Ellison Har- AT. ;q Thomas Seliar, Esq. ; John P. George Smith, ana,rer. "Resl3;t of the Directors to the Proprietors. " According to the last report the paid-up capital vt the bank was £900,000, and the reserve fund was £101,7 75 10s. 11d. "Since that date two calls of £1 per share have been Paid upon the new shares, making the capital X 1,000,000. es " The net profits of the past year, after payment of all 2s IdPenses of management, and after deducting £45,825 for l osses by bad debts incurred during the same P er i°d, amount to £69,318 12 8 , A PPropriat e d as follows : 23 per cent divi end Upo n 4 per cent. divi eaduPoll ..£1,000,000 .roperty tax paid £950,000 . . £32,250 0 0 25,000 0 0 3,629 6 8 -£61,879 6 8 erve fund of the losses above-mentioned have suds of a customer. he affairs of 1854, a year which, it lost disastrous to those customers of engaged in the colonial shipping Las been sustained in the realisation ,aken over, by way of security, and in estates, then considered good, than been anticipated. ,:tors have thought it their duty at once to dividend to the rate of 5 per cent per annum, Lne gr oun d s t h at, ta ki ng t h e most favourable view of the li quidation of these accounts, the whole of the re serve _ fund will b e requ i re d t o mee t th e l osses i ncurre d and that, on th e o th er h an d, t a ki ng the most unfa vourable v i ew cons i s t en t w ith p ro b a bilit y , the good c urrent business of the bank will, in their be opinion, sufficient t o a d m it o f th e re g u l ar continuance of the dividend without encroaching on the capital at the same Period in the ensuing year. " In laying this statement before the shareholders, the directors de s i re s t ron ,7ly . to impress upon them that ' its unsatisfactory character is to be attributed to the affairs of 18:54, and that, apart from these, the sound and ligitimate business of the bank would have enabled it to Pay the ordinary dividends, and also to add largely to the reserve fund, notwithstanding the losses that have been incurred subsequently to that year. They wish also to state their confident expectation that the change they are making in the policy and regulations of the bank will effectually guard against the recurrence of similar results. " sir'. Smith ha v i ng . s t a t e d to t h e d i rectors that his nealth would not longer permit him to undergo the labour of conducting the details of the manager's duties, a l ! cl having in consequence requested to be relieved from .... 111 -s office, they have with reluctance complied with his R evt.s„h, and have made arrangements that Mr. Thomas Z s e kl.ar, who is in every respect eminently qualified for post, shall, from the Ist of August next, assume Lae positi on of manager. Mr. Smith h as, at the request of the directors, consented to take a place at the board, and to continue to give the bank the aid of his valuable -assistance. "The directors who go out of office by rotation are i n athbone, Mr. Dixon, and Mr. Benn, who are elßible for re -el be ection. "Pro.prietors legally exempt from the Income-tax will f theirhsbed vvith b a certificate of the proportion due on t e io n n application to the manager. "WILLIAM RATIIBONE, Chairman." ! t , e point s alleged that the above report was false . in 1. That there were no profits out of which 71.6rnvueesaded:ldrairevasidend could be paid, 2. That it concealed the true financial condition of the bank, and gave an untrue account thereof. 3. That the company was not then Patty essed of the capital aforesaid. 4. That the coin- not at the time in a sound financial ir te ncuti n . And 5. That the shares during all that ,were wholly useless, and of no value. It concluded n i i on a e ueging that the plaintiffs had lost the purchase ,ceonnrlbuotfo to t h m ei a r ke sh u a p res, and had been compelled to the losses of the bank. The de -1,1 l aiiti cla t h p,. ts pleaded the general issue, and also that the Bonus were not induced by the means alleged to become eholders. At the trial, which took place before Mr. ~o-thsopeentiorAitslihtairafftrisesn at. Liverpool,, at the last Summer. Assizes, obtained a verict for £l4O, being the value including. the calls which they had paid. groundslsl ently a rule was granted for a new trial, on four t s that there was no evidence for . the jury of hat and fraudulent misrepresentation ; 2, if there evidence;was a t t the verdict was against the weight of the to that th ere Was no evidence of any representati on ma d e plaintiffs that the report was true ; and 4, that the ctors of 1837 and 1838 were improperly uvorcs of th rejected in e On Thursday last andthis-d Mr. Edward J, Q.O " 1 "d cause against the rule ay and was follow ames ed on the Barne side by Mr. J. Wilde -.Q.0 , and Mr. Broun. The Attorney-Ge.neral, Mr. Atl;erton, Q.C., and Mr. Mellish Mr. James appeared in support of the rule. 1 111 e 1110 i began by observing that in moving for the rned AttOrnev- a General had made a stroll; ap p e al to the compassion of t he Court on theart of th th e ten an 4a r _ ll _t,, and had said that if this verdict should stani Ant would be a ruined man. general rose and said the defendant was nan of large property, and he believed that even ant rule should be discharged the defendant -save. T Attorney- would still Mr• James pro( eded to state that the ac tion were t wo poor men, who had inve plais n the sted nti their little lroperty in the Sank. Lord Campbell intimated that the Court would not b€ Influenced either way by the circnmstances of the parties. Mr. James then read the report, which commenced by totting forth the names of directors of undoubted ' res pectability and character, and contended that it was false in stating that the bank at that time had an existing and available capital of £1,000,000. The fact Was, that only £933,137 10s. had been paid up, as would appear on reference to Mr. Banner's report of the 17th of February, 1858. Then the report stated that the net Profits of the past year, after payment of all expenses of Management, and after deducting £45,825 2s. id. for losses by bad debts incurred during the same period, amounted to £69,318 12s. Bd. The learned counsel Contended that that statement was not only a logical absurdity, but a gross fraud. The Attorney-General said it was perfectly true that during the fear Mi. James admitted that the profit had been made during the year, but the statement as it was made Was a fraud, because it led people to suppose that that sum was fairly divisible among the shareholders, and that there were no contingent losses. The Report must be read as it would be construed by any ordinary man, and not as it would be construed by a special pleader ; and so reading it, the inference ta be drawn from the Report wou ld b e , th a t a ll th e losses incurred would be met by the reserve fund of £109,000, without trenching on the capital in the coming Year. I ns t ea d o f that proving to be the case, it turned ,ant at the. end of three months that the whole of the capital of the bank was gone, and it required a call of £5 Per share to clear off its liabilities. The fraud consisted 1 .11 Making a dividend out of capital. If it was proper 0 do that at all, which the learned 'couu.sel doubted, it znl,l r d :irlid: li d l s be done by stating the fact clearly to the Campbell said that, prima facie, a dividend was taken out of profit. f Mr. James : The directors said, that, taking the most fa view of the liquidation ,of the accounts, the 'hol e o f the reserve fun d wou ld be requ i re d t o mee t th e WlossesZl incurred ; but, taking the most unfavourable view, • e goad current business of the bank would " be suffi cleat to admit of the regular continuance of the di4idend, ithout encroachine , on the capital at the same period in the coming year." It was admitted by the defendant of knew that statement to be untrue, and h in ieh pr t o h o e f defendant the learned counsel referred to a speech w 'endant made to the shareholders, at a meeting held b on a the 25th o f that 111;aaiiker Fe l Jruary, 1858. The defendant had been a. k N.ew Orleans, and had been a director of te _ suspec d ,or several years, and he said he had long `u , '? , affairs of the bank were not going on we 1 . 1,, In fo`4r(l Campbell : He was an " outside director. 0,1n,,er tunes, in this country, there was an "inner cabi .a and also a n "outside cabinet," who knew nothing u.? l . .ct the proceedings of the "inner cabinet." 41 • James said d• . of Of rector to make himself acquainted with thp air e b4 uk. In the month of hue/ 1857 7 tile defell44l4 obtained the object which, he said, he had long sought, and became a managing director. The learned counsel here read several-extracts from the defendant's speech at the meeting in February, 1858, in which he gave an account of his proceedings when he became a managing director. lie said his first step was "to inquire into the condition of the bank with respect to the declaration of a dividend. The statement of the affairs of the bank laid before me_ by Mr. Smith, led me to the conclusion that no dividend ought to be declared. (Hear, hear.) This view of the case was assented tQ at a meeting of the directors ; but, at a meeting afterwards, suddenly convened, the decision was reversed. Mr. Woodward : By the whole of the board, or by part ? Mr. Dixon : By the board, and to which I . yielded, the motive being that it was very dan gerous, in the then position of the bank, to run the risk of the excitement that might be produced by the non declaration of a dividend ; it might have resulted in a run, and the stoppage of the bank." which had been sustained by the bank in the year 1854, in consequence,of the depression of the shipping interest, when, as was well known, the price of shipping fell as much as 40 per cent. The defendant was ignorant of all these losses, except what was told him by Mr. Smith. He believed that there • was an available capital of £1,000,000, with a profit made in the year 1857, amounting, after deducting £45,825 2s ld fo r losses by bad debts, to £69,318 12s Bd. The Court would look at the defendant's knowledge in July, 1857 and they would see that lie had reason to believe there was an untouched and available capital of £1,000,000, and that an annual profit of more than £lOO,OOO had been made for several years, out of which, down to the year 1857, the bank had paid a dividend of 7 per cent. Tie learned from Mr. Smith that losses had been ustained in 1854, and that the securities held against them were under liquidation. The paper produced was put into his hands, which represented that there was a loss of £334,500, and that loss was now treated as if it had been at the time a fixed and settled loss. But that was a fallacy, for it was only an estimate of probable 1 )ss. Lord Campbell statements. This is the seed of all these mis- Mr. Justice Crompton said it was no answer to a person who was thereby induced to take shares. Lord Campbell observed that the statements made by the directors could only do good to the bank by being believed by the public. Mr. James proceeded with the defendant's speech. He said, " I acceded to it only on the understanding recorded in the minutes, that the statement to the shareholders should contain a full and correct disclosure of the position of the bank, even although it should disclose the fact that the dividend was declared out of capital. The report that has been presented, well examined, shows the fact, although I do feel that it does not make the statement in the broad terms that would have been adopted if the intention had been to state that there was a very hand some surplus." The object was not to disclose the fact that the dividend was paid out of capital, but to lead the public to suppose that it was paid out of profit, and so.to avoid a run being made upon the'bank. _ _ Lord Campbell said it was produced to the defendant as a statement of the loss on which the directors ought to act. It must be all taken as a total loss except the £30,000. The Attorney-General: Still, if the securities should turn out favourable, the loss would be diminished. The learned Attorney-General here commented upon the report, with a view to show that it did not profess that the dividend could be paid without trenching on the capital. Lord Campbell suggested that the report would be otherwise understood by the depositors, and that although the course adopted might have been a good one for the shareholders, it was not so for the depositors. At this stage of the learned Attorney-General's argu ment, the Court rose, and the further hearing was ad journed till Thursday next. Mr. Justice Rill observed that the draught report prepared by the defendant was free from ambiguity. Mr. James referred to the.draught Report, which ran as follows : LIVERPOOL COUNTY COURT-TUESDAY BEFORE W. A. HULTON, ESQ., JUDGE "In winding up the affairs of 1854, a year which is well known as most disastrous to the customers of the bank, who were engaged in the colonial shipping trade, heavier loss has been sustained in the realization of assets, then taken over by way of security, than the directors could have anticipated, and than the large provision already made for that purpose will meet. While the directors entertain no doubt that the policy of taking over these assets was one by which the interest of the bank was best consulted, they regret to inform the shareholders that the result of a careful revision of these assets leads them to declare that the reserved fund can now no longer be considered an item to the credit of the bank, and that the further amount required to meet these losses, if realised at once, would absorb about £50,000 of the capital of the bank. Under these cir cumstances, the directors were in doubt as to the pro priety of paying any dividend for the last hall year, but concluded to do so on the ground that the business of the past year, taken by itself, warrant e d th e i r d o i ng so , and LIABILILY OP BOARDING HOUSE-KEEPERS—PATNR V. BLACK.—This was an action to recover £6 4s. 6d. com posed of the following items :—A carpet bag, 7s. 6d. ; money, £3 Is. ; a dressing case, £2 I ls. ; and a pair of razors, 6s. The plaintiff, Mr. John Matthew Payne, is a gentleman from Warwxkshire, and in October, 1857, he arrived in Liverpool, and went to the Caledonian Temperance Hotel, Lord Nelson-street, kept by Mr. and Mrs. Black. There the plaintiff engaged a bed, and handed his carpet bag and contents over to Mrs. Black, who said she would place the bag in the bed-room he was to occupy. Plaintiff then went out, and on his return in the evening, he was shewn to his bed-room by Mrs. Black ; bat on their way up stairs she asked plaintiff if he had any money in his bag, and he said, as he alleged, " yes, George IL guinea, and two sovereigns." Defendant; however, alleged, that he said "guinea and one sovereign." After this inquiry, the landlady nformed the plaintiff that in his absence a stranger that it was advisable to spread the losses arising from the affairs of 1854 over a future period, rather than expose the shareholders to the inconvenience of the intermission of any dividend_ which gnmr , of thorn rn;nhf had been in the house to tea, and that she allowed the man to go up-stairs into the bedroom to be occupied by plaintiff to wash his hands, and that shortly he stra 0" 7 r ---- ^r - 7 very severely. The directors do not see any . more im propriety in this course than in that of an individual, after an unfortunate year's business, supplying his neces sary expenses out of his trading capital, provided always that the fact of this being done is fairly and honestly laid before the shareholders." ouc uaat,vi r...uu 111410 1W WALL cut open plaintiff's carpet bag, broken open the dressing case, and generally ransacked the contents of the bag. Plaintiff found his money was stolen, and damage done to his property, and he told Mrs. Black that he should hold her responsible. He stayed at the house a day_or two afterwards, and when he was settling his account before he left, he claimed to have his loss allowed, but the son of Mrs. Black—a man who appeared to be about thirty years of age, and who was called as a witness— interposed, and insisted that the plaintiff should pay all he owed irrespective of his loss. Plaintiff paid what - he owed, and now brought this action to recover the amount of his alleged loss. Plaintiff having stated the case, Mrs. Black and her son gave evidence for the defence, declaring that they knew nothing of the stranger that was let into plaintiff's bedroom, and who had cut open and ' lered "vide Mr. James proceeded to show that there were bad debts, which the bank had incurred, to the extent of £334,500. The Attorney-General said, they were possible bad debts, but not a clear absolute loss. Lord Campbell said, he thought it must be taken that the paper produced by Mr. Smith to the defendant showed a loss of £34,500 in bad debts.- It said, that if the steam-boats were not sold there might be a further loss of £30,000. Mr. James . said, the directors had withheld from the public the fact that this sum of £334,500 bad debts, incurred from 1854 to 1857, had been written off. The defendant in his evidence said that Mr. Smith produced to him a-state ment of £35,500 for contingent losses, and those losses altogether made up £400,500 of bad debts. Then, what was there on the other . side - ? There was what was plum the bag. _ais evidence was of a very unsatisfactory character. His Honour considered there had been negligence on the . part of the boarding-house keeper, who had not shown a 'due and proper care whilst having custody of plaintiff's bag; he therefore gave a verdict for plaintiff for £4 I ls, considering thatplaintiff's ci • - called the " suspense , account," • where commission and interest were charged upon bad debts as if they had been available securities. Then, £65,500 was put down for forfeited shares, which could notfairlvbe taken as assets. situ for the dressing-case, which was produced, was excessive. It came out in a discussion between His Honour and Mr. Grocott, who appeared for plaintiff, that unlicensed houses where persons are received to board, Mr. Atherton said, those shares had been paid up, bat they were deposited with the bank for advances, and as they were not redeemed, they were forfeited under the deed. Mr. James contended that, according :to the defendant's own showing and opinion, expressed' to the directors, there ought not to have been any dividend, but he weakly yielded to the other directors on condition that it should be stated that the dividend was paid out of capital. That was a course which could not be justified in any trader. The learned counsel contended that there was abundant evidence of false representation which sup ported the verdict. Then it was said the plaintiffs had no ground of action, because the report was not addressed to them personally. But it was proved that the reports were furnished by the bank to any broker who applied for them, and that they were obtained by a broker, Mr. Fernley. In ,this way they were . seen by the plaintiffs,' who read them; and so were induced to purchase shares. That evidence was not contradicted. The next ground for the rule was, that evidence had been improperly rejected._ _ _ •_ _ _ _ _ Lora Campbell said, the Court would be glad to hear the learned counsel upon that point. Mr. James : The leports of 1837 and 1838 had been tendered, but,he thought the evidence was not presied. The Attorney-General said, he had pressed the evi7 be most cruel tUexclude the evidence. The learned Attorney-General here read the extracts from the Reports which he wished to have admitted, but which were rejected. The first extract was from the Report of 1837, and was as follows : such as the house of defendant . to the traveller as the licensed inn ACTION TO RECOVER DAMAGES FOR INJURY DONE EY Funious DRIVING.—SIMPSON TAYLOR.—The plain tiff in this case . was Thomas Simpson, coach and car proprietor, of Islington, and the defendant, John Taylor, butcher, of 112, Mill-street. On the 26th of November last, a servant of the plaintiff, was returning from North Everton along Church-road, in the direction of Everton Village; and wheirhe_ had approached a corner where four streets meet, and was by Rupert-place, a butcher's shandry was coming along, driven by one of defendant's young men, at the furious rate in which butcher's carts are in the habit of being regularly driven, much to the danger of persons moving about the streets. The shandry took a very sudden turn into Church-street, and the driver of the .shandry having no command over his horse, the shandry run against the cab's off wheel, splitting the under carriage from the body of the cab, the body falling into the high road. The youth in charge of the shandry, thinking he was free, continued to drive furiously along, until he was stopped and brought back by another cabman. The action was brought to recover the cost of repairing the cab, and compensation for three days' loss of its use, together, £5 6s 6d. Mr. Almond appeared for the plaintiff, and Mr. lime for the defen dant. After hearing the evidence of several witnesses on are by no m3ans so safe each side, His Honu.r gave a verdict for the plaintiff for LIVERPOOL POLICE INTELLIGENCI MR. MANSFIELD. It maybe proper hereto remind the harton was the intern - al man vent is essentially that of a bank. With the exception of one only, appointed by the directors out of their own body, it is combicted by the chairman and managing director, no other having access to the pecuniary transactions of the customers, thus combining the secrecy of a private with the security of a joint-stock bank." The second extract was from the Report of the following year (31st of July, 1838), and ran thus : " One other point only remains to be mentioned, the internal management. This remains as before, being exclusively confined to the manager, assisted by the directors, who alone have_ access to the details of the bank." ➢ir. James contended that the evidence was irrelevant to the issue to be tried, and was inadmissible -upon that ground. Moreover, it was not tendered to show the/prac tice of the directors, but that the plaintiffs were ac quainted with their practice ; and it was neither relevant to the issue nor contradictory of the plaintiff's evidence. The practice shown by the extracts was contrary to what was pointed out by the deed, which placed all the direc tors in the same position. If the fact referred to in the extracts was of any importance it- was proved by the de fendant in his vivo voce evidence; and, even-though the evidence had been improperly rejected, if the court saw that it could not have influenced the verdict, they would not, upon such a ground, send the cause down again for a new trial. Mr. Wilde and Mr. Brouen followed on the, same side but directed their observations chiefly to the point of the rejection of the evidence. The Attorney-General, in rising to support the rule, said, he wished to possess the court and the public with the real merits of the case, for the defendant, who was a gentleman of great fortune and unblemished character, felt very severely the stigma cast upon him by this verdict. The defendant held 1,400 shares in the bank, and had thus invested as Much as 14,0001. in the es tablishment. He had never parted with a single share, and '• never derived any advantage from the resources of the bank. He had, invested as much as 5,000/, in the bank in the course of the previous half year, and a . portion of that sum in the month of May preceding the month of July, when the report in question was made. That was the gentleman WILD was supposed to have believed at that time that the bank was in a state of insolvency. The : plaintiff's ease was that the report was false, and, in order to show, that, they produced a report made by Mr. Banner in February, 1858, which showed that at that time the whole of the capital was gone. He (the Attorney-General) objected that there was no ease for the jury ; but, subsequently, the paper produced by Mr. Smith to the defendant was admitted in evidence. He (the learned Attorney-. General) contended . there was no evidence to show the untruth of the statement in the report, that the whole of the capital had been paid up. It was true Mr. Banner was of opinion that only £936,136 lOs had been paid up, but he was not set right by 'Mr. Sellar. The learned Attorney-General here read from the report of the pro ceedings of the meeting on the 25th of February, 1858, in support of this statement. The defendant knew nothing at all about it. The statement on this subject was not evidence on oath, but was merely a report of what took place at the meeting. The defendant had no motive for misrepresenting the fact. Lord Campbell said, the - re was motive, for if the truth had been told the sharoA would have been down at zero. The AttorneY'gqe;* TcfeYre4 to the get loisoP, whatever fanning nine improper houses in Albion peured that the prisoner is a boot and shoemaker and a coal dealer, and had been formerly a policeman. Last week he charged a police-officer with assaulting him, but was dismissed. To prove the present charge, officers were produced, who swore the prisoner kept the houses, and that there had been robberies and disorderlv conduct there. It was urged for :yeral polic the defence that the pr v isoner only collected the Cents of the houses. It was also endeavoured to be shown that the )olice had a bad feeling towards the prisoner. Ile was •eniandcd, but let out on his own recognisance. THE- NORTHERN TIMES, WEDNESDAY, JANUARY 26, 1859 SOCIETY OF PINE ARTS A general meeting of the annual subscribers to the Liverpool Society of Fine Arts was held iu the Clarendon Rooms, at two o'clock, yesterday. Thomas Dawson, Esq., presided. The minutes of the original meeting at which the society, was formed, were read and confirmed. The following report was read : " The provisional council, who were appointed at the general meeting on the Bth February last, to prepare a code of laws, t 9 appoint the honorary lecturers and treasurer, and to make other arrangements for securing the objects for which the society was established, have summoned this meeting, in conformity with other pro visions of the resolution under which they were appointed, which ordered that the laws, together with a report of the financial and other proceedings be sub mitted to the first annual meeting, to be convened within twelve months. _ • "The provisional council have to report that immediately after their appointment, they requested Mr. Henry Thompson to act as treasurer; and they and the society are greatly indebted to that gentleman for the abl e an d efficient manner in which he has discharged the very onerous duties of the office. " The provisional council also appointed, as honorary lecturers, the following gentlemen ; a selection amply justified by their well-earned reputation in literature and science : Ancient History, William Ihne, Ph. D. ; Literature, Rev. James Cranbrook, Queen's C o ll ege ; Anatomy, Alfred Higginson, " The provisional council have been so much occupied with the recent exhibition, and in the preparation of a code of laws, that they are unable as yet to present any report of their proceedings during the past year; and they suggest that this meeting, at its rising, stand adjourned until Monday, the 7th of March, for the purpose of receiving the general report, and of electing the council and officers for the ensuing. year. If the meeting adopt this suggestion, it would be necessary to continue the provisional council in the functions conferred upon them until that date. "Anticipating that this suggestion will be approved of . by the society, the provisional council on the present 'occasion forbear from any detailed notice of their general proceedings. They beg, however, to c ongra t u l a t e t h e society upon the successul results of the late exhibition. That exhibition has elicited such warm applause from the general public, and from artists and connoisseurs, as fully justify the anticipation of those by whom this society was established. " In preparing the code of laws to be submitted for your consideration to-day, the provisional council have ad hered to the following principles : "1. That the constitution and management should combine the influence of a liberal and enlightened public opinion with the cultivated and technical intelligence of artists ; and it is anticipated that thus will be secured all the substantial advantages derivable from academies of art, redeemed from the imperfections inherent to the contracted sympathies of our exclusive coterie. "2. That the professional supporters of the society should feel that admission to participation in its advan tages confers honourable distinction before the pro fession, and the public at large . For this purpose on the one hand, it is provided in th draft to be laid before the meeting, that no artist shall be permitted to take any part in the management of the society, unless generally elected by the council ; and on th 6 other, it is proposed to confer upon artists so elected the right of participation in the advantages of the society, and in its management ; and also certain privileges in the exhibition of their works, to be defined by the council, from time to time, in bye-laws. " It is, further, proposed to form a superior and limited class of professional members, with additional privileges ; the greater difficulty in obtaining admittance into this class, under judicious management, will render . the distinction so conferred more honourable. • " 3. That the wealthier amateurs of art should be invited to give substantial tokens of their interest in the objects of the society by compounding in one payment for their annual subscriptions, and by such other donations as they may feel disposed to make; the value of their liberal support being acknowledged by the bestowal of the addi tional privileges specified in the draft of laws. All these donations, it is proposed, shall be invested in the names of the trustees of the society, in order to modify varia tions in the annual receipts, which will necessarily fluc tuate with the prosperity of the community; and also, as far as possible, to secure the limited liability of those - gentlemen, who may vouchsafe their support from, the love of art, or on grounds of public polity. " In conclusion, the provisional council beg to assure the society that the draft of laws now submitted for con sideration, has been prepared with the greatest care; and and having received the approVal of gentlemen very com petent, and warmly interested in the society's welfare, it is hoped, therefore, that it will be adopted as the con stitution of an association, which may prove eminently useful in promoting the highest interests of art in this great succesor of these commercial principalities, which were ever the best patrons of the most perfect develop ment of art." The Chairman moved that the report be adopted. Mr. T. J. Ewbank seconded the motion, which was carried unanimously. Mr. Henry Thonipson, hou. treasurer, moved that the meeting at its rising do a dj ourn , as reco m men d e d i n t h e rezort,toM?pday, the 7th March next. BOWdle seconded the motion, which was carried. Mr. Qoepel moved that the council be requested to continue in office until successors be appointed, which was seconded by Mr. Hay, and agreed to. Dr. Thomson, hon. sec., then read a draft of the code of laws, adopted by the co unc il, f or t h e f uture regu lation of the society, and submitted for the approval of the meeting. Dr. Thomion moved that the laws be approved of. Mr. C. E. Smith, sculptor, seconded the motion. No , . objection was made, and the motion was, accord inzly carried. The Chairman read the following letter : "Liverpool; jaTruary 21,.1859 My Dear Sir, —You will remembei that, at the last council meeting, on the 17th instant, I stated that, having seen the first exhibition through, and the code of laws for the future guidance of the society adopted by the council, I should resign the post of honour and laborious duty which I hold. " It seems expedient that, as I received from the public the pen which I have wielded on their behalf, to the same public should I return it, though it be nearly worn out ; and you will do me the favour to lay my resignation, as one of the honorary secretaries, before the subscribers, on Tuesday next. "Not tliit my zeal is quenched, nor mp desire to help is at all diminished, but the time occupied in the arduous labours of the put year admonishes me that those duties must be relinquished, to prevent their interference with my professional engagements. " It will be to me a happy recollection that, during so arduous a year of service as this has been, I have enjoyed your friendly and efficient offices, and been so closely associated with so able a colleague.—l remain, my dear sir, most truly yours, "DAVID P. THOmsou, MD. " To Joseph Boult, Esq., Hon: Secretary." The Chairman observed, that it was with much regret he read . that letter. He could bear testimony to the efficient manner in which Dr. Thomson had performed his most laborious duties during the several months through which they had passed. As Dr. Thomson's professional engagements were interfered with, of eourse no public duty should have preference over the duties which that gentleman owed, as a professional man, a married man, and a father. Under those circumstances, although it must be painful to them to- receive his resignation, they must sympathise with his motives in giving up the post which he had so ably filled. Mr. Halcordialy endorsed the remarks made by the Chairman in briumng before the meeting the great merits of, Dr. Thomson. He was sure Dr. Thomson's merits were above all praise. He hoped the time would arrive when they might have am opportunity of getting some portion of the services. of Dr. Thomson in the course of their future career. He concluded by proposing the• following resolution : "That this meeting mucht regrets engage meats that the professional of • Dr. Thomson prevent that gentleman, from continuing to act as one of the honorary secretaries, and to .be obliged to accept tis resignation. They desire to record their highsense of his very valnAble services during the arduous period in which he held office." Mr. enllow seconded the resolution, which was carried by acclamation. Dr. Thomson returned. thanks in a few words, 'and decletred that ii' he could in any way contribute• to 'the progress of the society, he should be most happy to render privately any services in his power. Mr. Joseph Boult, honorary secretary, in moving a Tote. of . thanks to the chairman, expressed his very great regret at the loss the society was about to sustain by the resignation .of Dr. Thomson, and testified. to the very great pleasure he had himself enjoyed during their harmonious co-operation together for the benefit of the society. Thanks were passed to the Chairman, and the meeting separated. Dr. Tschudi, the well-known traveller, has just returned from his last journey to Peru ; the results of which will be submitted shortly to the public. 11. Home,' Secretary of the Academy of Fine Arts at Brussels, well known by "History of the City of brussels,". is publishing a new histor y of Charles the Fifth, from original sources. The first volume of the work hwi left the poss. GAINST A PUBLICAN.—Peter publican and boarding4iouse keepe'r, Vin. Hirst-st charged by a ilor, named Robert Nelson, with Cobb, appeared for the prisoner. :rile facts came out on the cross-examination of the, prosecutor by Mr. Cobb, and it appeared that the man Nelson lodged at Mr. Short's house, and owed him 17s 6'd, and then he went away. Last Saturday week the prisoner went to look after the prosecutor, and the latter admitted that he took off' his coat, when Mr. Short took it home. Nelson wanted a policeman to take him, but he refused, and at last he got the present officer to take the charge. On hearing the case, His Worship at once dismissed the complaint, and Mr. Clough ordered the coat to b back to Mr. Short COURT OF CRIMINAL APPEAI WESTMINSTLR, JAN. 22, 1859.—1 t will be remem bered that at the December Sessions for Liverpool, three men, named Jones, Robinson and Cassidy, were indicted for obtaining_goods by false pretences, and we r e a ll convicted on. various indictments. Mr. 'Littler, instructed. by Mr. Cobb, defended the prisoners on all the charges.. The one on which Robinson was c o n v ict e d was fon obtaining some pointers from a gentleman at Hartlepool + by false pretences. Mr. Littler objected at the trial that a doh was not a chattel within the meaning of the Act of Parliament constituting the offence. This point the Recorder reserved.; the jury found the prisoner guilty, and the Recorder sentenced him to seven. years' . penal servitude. The question was argued on appeal,, before Lord Campbell, Justices Crowder and. Wales,. and Barons Martin and Watson. Mr. Littler (instructed by Mr. Cobb) for the prisoner, said it was clear, from " La.mbard's Eirenarcha,' and from " Daltoa's; Justice," that larceny could not, at common law, be committed of a dog ; and it was also. deal- that, by atnte, the stealing of dogs was merely a misdemeanour ; and in another section of the very act under which this man was tried, the offence of stealing a dog was mado punishable with merely £2O fine ;. whereas, if this conviction could be upheld, the obtaining the .self-same.- animal by false pretences was the subject of seven years' penal servitude. Ile also urged that the subject-matter of an indictment . for obtaining by false pretences, must be one whereof larceny can be committed. • Mr. Brett; for the Crown, said the words of the ; Statute were wide; and, surely, any "chattel, money, or valuable security" would include a dog. He also qur.ted several Cases to show that a dog is property, and the subject of a civil action, Lord Campbell : It is no doubt true, that a dog way 'be -the subject of an action ;. but I think, although the question has wat hitherto arisen, that we must hold that th e statate does not apply to anything .which is not the 'subject-inatter of larceny, The conviction is bad. The other judges concurring, conviction, quashed, and the prisoners discharged, HORRIBLE CASE OF 'MAgSLAUGHTER. On Saturday afternoon, J. Hoyle, Exj., coroner for Newcastle-upon-Tyne, held an inquest at tbe Westgate police-station, in that town, on the body of Joseph Scott, aged 29 years, who met with his death by violence' at the hands of a mars and woman. Ann Tulloch, the woman ' implicated in the matter, is a widow, residing in Peel street, Newcastle, where she formerly kept a public-house ; but, owing tothe disorderly way in which she kept the house, her license had been withdrawn by the magistrates. Wilson, the man who is implicated, is by trade a stone mason. Several witnesses were examined ; but the 'following is sufficient to show the barbarous nature of the attack upon the deceased Allan Cameron: I live at 15, West Blandford-street, and am a curled-hair manufacturer. accompanied the deceased to Mrs. Tulloch's house on the morning of Fri day, the 18th inst. It was about three o'clock. I think we had left the Black Bull-yard about half-past two o'clock. We were at Mrs. Tulloch's in a few minutes. John O'Neil, glassmaker, and Thomas Ratcliffe, butcher, were with us. I was sober, Ratcliffe was a little " touched" with drink. O'Neil was sober enough ; Scott • was very drunk. We had been at the Black Bull, in the Westgate, and the landlady had requested me and Ratcliffe, and • O'Neil to see Scott home. We went to go home, and all stopped at the door •of Ann Tulloch's house. Ratcliffe rapped at the door, and Mrs. Tulloch spoke from the inside, and asked who was there. Ratcliffe said it was somebody from Ponteland. Mrs. Tulloch laughed, and said she would let us in, and see what we were made of. I said I would not go in, and walked up the street. Shecalled after me, and asked what I was afraid of. They had gone in, and I came back and went in, and we went into a little room. There was a man, a young woman, and Mrs. Tulloch. Scott sat down : Ratcliffe was beside him, and got en to talk to the man who was in the house. In a short time Ratcliffe went to the back door. Wilson followed him out of the room. The front door was locked immediately after we came in. When Ratcliffe went out, O'Neil left the house altogether by the back door. Ratcliffe came back without Wilson, and sat down for about a minute, and then w en t ou t of room again. I heard Mrs. Tulloch say the doors were locked, and that he could not get out. Mrs. Tulloch then asked Scott what he was going to stand. Only Mrs. Tulloch, myself, a young woman, and Scott, were then in the room. Scott, in reply to Mrs. Tulloch's asking him what, he was going to stand, said he would have some beer. She said she did not sell beer or spirits either. She made use of some very nasty language . She said if he would g i ve her the money she woud go and get the drink. He did. not offer to give her the money, and she got very "nasty" —I mean quarrelsome -- in her conversation. They argued for a good bit, and got on talking about sleeping with each other. She said he should not do so for £59. He was sitting with his head inclined, and Mrs. Tulloch aimed a blow at his face with her hand. The blow just touched the end of his nose. He got up in a passion, and made a blow at her with his hand. It hit her on the face: She did not fall down or become insensible. She went into the bar, and rubbed her eye a bit with something. She then swore many a time that she would be his death, or would murder him before he got out of the house. I got her quieted, and he and I came out of th e room togethr, and we were walking past the bar to get to the outer door, with the intention of getting out of the house, when just at this moment Wilson came into the passage, and; without saying a word, struck Scott. Mr, Tulloch was still - standing in the bar rubbing her eye, and had told Wilson about Scott striking her. Wilson then, without saying a word, faced us, and felled Scott with his fist. Wilson " hammered " away at him till he got him into the room, and Mrs. Tulloch shouted, "Push the— into the room." I was knocked into the bar, and by the time I got on my feet again, and got into the room, Wilson was still " hammering away " at him. He kept "braying" Scott, who fell against a side seat against the wall. The blow's were • with the- Est, and on the head. When he fell upon the side seat, Mrs. Tulloch took a quart glass decanter, which was standing on a table, and I heard a heavy blow. I looked, and saw blood .running down Scott's head ; she kept the decanter in her hand, and beat Scott three blows on the head with it. The first blow hit him• on the back part of the head ; before the second came, he had put up his hand to the back of his head, and it hit him on the hand ; the third blow hit him on the back part of the head—the same pl first. I rushed towards her to prevent her doing any more. I said to them that they. hid murdered Scott, He was quite insensible from the blows. He wag lying on the side seat, with one foot on the ground_ Wilson then pulled him off the seat, and he fell on the floor, among the , blood which had flowed from him. Ratcliffe then made his appearance. I don't know where he had been, but he could not be out of the house. We wanted to get out. Wilson and Tulloch would _not- let us go out, either for a police man or a medical man.. Ratcliffe and I raised him from the floor. As Ratcliffe came in, Mrs. Tulloch lifted him by the hair of the head from the floor—his face- was lying among the blood - and said, " You are you not dead yet ?" She let his face fall among the blood,: and gave him a kick in the side. I then, with the assistance of Ratcliffe and O'Neil, carried deceased out of the house and laid him on the ground. He was still insensible. I left Ratcliffe with him and brought a policeman. We met another on the road, and they both returned. I returned with the officers in about two minutes. The officers rapped at the- door, and got inside, and saw • the state the room was inwith blood. They then assisted to carry Scott home. We laid him on the floor upstairs, and left him in charge of his brother, who had come up while he was lying on' the flags. Mr. Clarke, the surgeon, came and saw deceased. Scott never spoke to 'Wilson in the passage. The whole affair lasted about twenty minutes or half an hour. Before Scott was struck by Wilson in the passage, Mrs. Tulloch had pointed to her eye, . and said "Just look hero ; Scott has done it." When Scott was struck by Wilson in the passage, he made no resistance. Margaret Williams w as p resen t when Tulloch first struck at the deceased, and when deceased, strack her. The decanter was not broken. I think she set it down on the table. About five minutes would elapse between the time Scott struck Mrs. Tulloch and the time Mrs. Tulloch struck him with the decanter. George Noble Clarke : lam a surgeon. I attended deceased on the morning of the 14th, about four o'clock. I found him lying insensible, in an upstairs room in a house in Temple-street. I removed a good deal of hair, and found a wound at the back of the head, and blood oozing from the wound and ear. There was large bruised wound about an inch in circumference. I could get my finger underneath the scalp. I could move my fin g er round beneath. The scalp was separated f r om th e s k u ll for about an inch all round the skull. I could detect no scalp wound from external examination. On the hair being removed, I found the scalp, to the extent of three inches in dia meter, hacked and cut in such a way that I could not understand how it had happened. The scalp was jagged outside the principal wound. From more minute examination,. I found blood oozing from his ear. This was a much more- serious thing; it indicated considerable internal injury to the brain I dressed the wound, and, considering it was a question how far drink was the occa sion of the stupor and insensibility, I left bins. The right hand was much swollen on the back • when touched he appeared to feel it more than any other part of the body. I saw the deceased about nine o'clock the next morning ; he was still in a state of stupor, but could be aroused to speak. He told me he was very bad, and that it was all his head: I saw him again, when I expected all stupor from drink would be cone. I found him still in a eon siderable.stupor. This led me to examine more thoroughly his case, and I found blood and serum flowed from his Ality proceed, from. internal injury to the head lie eontimied under from the injuries on the head. The )1v on t .ead was sac a as nligh )een inflicted The jut . "Manslaughter almost immediately returned a verdict of Igainst Wilson and Tulloch, and the coroner made out his tost-rant , fur their committal, to prison A semi-official journal at Madrid, the Correspondozcia Autografa, says that orders have been given to the Andalusian authorities not to "render official horkours to the Count de Paris,"' but "to confine themselves to the social and political attentions due to the hi,gbi position and misfortunes of the young prince." DEATH IN A CHAPEL Oil Sunday evening, Mrs. Jane. West, a widow, aged 33. years, and who, resided in ivine service a Howarth-street, attendee gation Chapel, Great Jaciou..-.“—, .......„_„,,, minutes after seven o'clock, she was observed to 1 and was assisted out ; but she did not speak, and she diet about a minute after the arrival of Dri Pettiuger, wh, was sent for. A verdict of " Died from natural i. e , whin 's in ,. g an old was returned by the jurors, at the inquest helal s f e , — ;, Mr. E. Herford, city coroner. A Rica MminteANT.—As a del w . a s . 1 ,,,,,.1 few days ago along the Rue de la Paix. mss, an put his hand in back in astonishment, ex m, , a c n h , a t r l i i t e y :T i f ry yo p u ic p tu le r a e s o e f : Nove* ,,,z ig aall ' into his pocket, but starting claimed, " My landlord 1.) - eg g i n the beggar, and found ni i o t va then. turned out that his name A police officer, hearing the exclamation , arrestedg on isi h o i u na r 0 2: 4 0 e f : t i h n a ~t , * o h l ( e L e : a pension as a re ti re d pav i our of the city of Paris, that li e s owner of a house at Pontoisc, he has been conch:mil:kat on of his te nan t s; a l so, t h at and that the gentl eman. i s On Friday he was, tried b severale times for theft and b ogg i ng. police for mendkane y the Tribunal of C orrec t ional imilrisonment. Y s EknA Was sentencedtotltreg Tomtits' ARE THE ECCaSIASTICAL CANONS BINDING OM I'HE CLERGY ? TO THE EDITOR OF THE . I.tORTHERN TIMES: S'r,—l am obliged to you for the candour and ( courtesy with which you have giVen insertion and drawn attention to my statement, that the eccle siastical canons of 1603 are not binding on the clergy or the laity of England. From your leader of this morning, it appears that you never intended to imply that the canons were binding on file laity, but only that the Clergy were bound by them. I am prepared to show, how'cver, that this latter statement is as great a mistake as the former . would hav e b een. At the outset, let me say, sir, that I entirely agree with you in the principle that all bona fide members of a church are bound to abide by the rules and regulations of that church. If the 141 canons of 1C93 are, properly speaking, rules and regulations of the Church of England, then all members of the English ChUrch, whether lay or clerical, are bound to comply with those canons. The only questiOn at issue'betwixt you and me is, whether the said canons hve ever been properly constituted rules of the Cliureli)ef England ? . If it be asserted that the' Established Church or its clergy are bound to submit to all the deci cisions of Convocation' which have the sanction of a monarch, but are without the rnqfwation of Par liament, then I reply, that such a notion is in direct opposition to the law of the land and of the Church, which subjects alt matters ecclesi astical to a constitutional monarch, acting upon the advice of ministers, and not without the consent qf the Houses of Lords and ainonons. It is because the 141 canons of 1603 are the enactments of Con vocation, sanctioned by James 1., but never con firmed by Parliament, that r deny their 'authority or obligation, over either clergy or laity. Certain parties in the English Church have, indeed, held that these canons, though confessed to be not legally binding on either clergy or laity, are yet binding on the clergy it for° consvientre. In reply, I ask—How can they be .binding on the consciences of the clergy? It must 'be - either because of their innate justice and wisdom, or because of Convocation having been: properly deputed to. legislate for the Church intmatters ecclesiastical.. As to this latter point, the truth ' is, that Convocation was, properly, an assemblage of certain of the Church's dignitaries, who were appointed, not to make laws, but to assess their clerical brethren with a due share - of the national burthen of taxation. From .- thiS, its proper function of tax-assessing, convocation gradually - became- accustomed to recommend,- by the decision of its majorities, that measures approved by it should be enacted as laws by the sanction of Parliament and the Royal assent- At - last, however, some 150 years ago, the discussions of convocation were so noisy, bitter, and disgraceful to the church and nation, that its meeting for the transaction of business was brought to an end. It never was, or was intended to be, a legislative- body either for the church or the nation. How, then, can its recommendations of laws be binding on the consciences of the clergy ? The King's sanction, unless constitutionally given, with-the consent of both Houses of Parlia ment, will hardly be alleged by you, sir, as giring any force to the recommendations of these clerical tax-assessors. Whence, then, are the 141 canons said to be binding on the consciences of the clergy ? Is it because their innate qualities are those of wisdom,. and gentleness, and justice ? Let the toleration of the canons be estimated by their frequent use of the following words with reference to those who differ from. the established church : " Let them be esComMOnicated ipso facto, and not restored but by the Archbishop, after their repentance, and public revocation of such their wicked errors-;." and,• as for the wisdom - of the canons, it may be fairly judged from the following extract from No. XVIII.—" No man shall cover his head in the church or chapel in the time of divine except he have some infirmity ; in whi c h case _ . ervice, let him wear a night-cap or coil" On the strength of these facts, and many more than these, with which I will not trouble you, sir, —for they will be patent enough to every one who reads the canons through—l ask, how can the clergy be considered, as bound, in conscience, to canons which, besides. being obsolete, are neither legal nor just , nor even. sensible ? " But,' says the nameless authority whom you. quote this morning, "'the canons are part of the laws of the land, for the government of the church, and in such case bind the laity as well as the clergy." It appears that your anonymous author makes this assertion in dependence on " statute 25, Henry VIII. ; " and because the canons " being authorised by the King'S commission, according to the form of the statute 7.5 Henry VIII., they arc warranted .by act of parliament t you, s can produce any part of that statute 25 henry VIII.) which warrants the canons, of 1603, I will at once give up my point ; but, in the meanwhile, let me remind you of the following facts relative to that statute : 25 Henry VIII., confirmed by 1. Elizabeth 1., enacts that a review of the Roman Catholic canon law shall be made ; and, until the perfecting of such review, all canons, constitutions, ordinances, and synodals provincial, being then already made, and not repugnant to the law of the land or the king's prerogative, shall still be used and executed. " And, as no such review," writes Warren's Black stone, p. 61, ," has yet been perfected, upon this statute: now dependi th law in England ; the lii to be, that such canor authority of the canon tions of which appeal ztute, and were ado - pted by our laws, bind. both laity and " The time of this statute, was A.D., 1,533 ; and not 70 years afterwards, A.D: 1603, did James I. and the convocation agree, without the, consent of Parliament, upon their 141 canons." - The 25th Henry VIII., sanctions " only-such canons as were then already mgde,!' in 1533 ; and how you, sir, or your nameless authority, can under - stand that statute as giving the sanction of Parliament to the canons of 1603, is quite beyond my comprehension; and, until vou.can make this matter clearer for us, I opine thtit your readers and I must remain con z winced that the 141 tvranical and unwi canons of: are neither - legally nor conscientiously g upon any Englishman, whether he be lay -I have the honour to be, sir, yours, &e. 1603 binclit or cleric A LOVER OF THE CHEr Everton, Tan. 25, 1859. Cu :171 . 0 • 0 REEDON. TO THE SUBSCRIBERS TO THE AIGBURTH WORKING MEN'S' AS`SOCIATION.. s tissoclatloll 1y in the beg most positively to assert, that the r Liverpool Mercury of January 191 SOlr€ is re- Ported. in that paper of the 6th. hist, was no t Nvrittenn. bby an member of them th , an et o d as far . as they can leary no e, , sci. signed, on behalf of th c , eomtrtittee, . , WILLI:kw RimmEß, Reading Room, Ain•burtl Vale, Jan 0 CD°A;PI L t E S , JAMES MUTH ILI S II E LL PH IP A telegyara 21, 1859„ "r"LulleSpatcfrom Athens,announees that the recce has conferred. the• Grand Cross of the. 'Holy Saviour on Queen Victoria. law rc ty circulation, the post taken t list of un- of icew York- 'rem the given it to the RAORDINARY AND I%EPITL INVENTION.—There is g that housewives ccAuplain of with greater truth- fulness, than, the break:sigof some favourite piece of glass, valuable china, or- earthenware. In hundreds of cases such things cannot be matched, and of course cannot be mended. The lattsr. want has been obviated by an extraorclidary and effective invention, by Mr. Adshead, of Derby Pottery, near- Derby .. ,it is a cement that may be said to heal, in a perfect manner, all cracks and breaks in the articles spoken of; and not 'only in these, but in mar ble, alabaster, &e. The benefit of this article need not be dwelt on. We have seen some of its effects at Mr. Hall's, our neighbours, and the glass that has been cemented by it is stronger in that part than in any other. The article is very cheap, and no house c an be lo ng without it. Mr. Hall is the agent for its s a le in Li verpool, and all interested can judge for th emselves, b y looking . in at s hie outh establishment. joh n-str ee t Agent s. n for bottles, each, or sent free on receipt of xtesiex postage stamps, Mobil e 3rlesinn :nayrnn Lisbon )rlean g . Cogs L . 25., veabler •board , 4, ton. e Pier, 1, from ' honed caring N elie on the eatber , ee d to frog' • desslo . war , , m r" dive ,ent "" lost at eus bore, t red at ,NA' tart° frau, , s for itina• , n dou Low roe, d der lost