The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-02-12 00:00:00

PIII4CE24OWLL

flusum DUTX.--11. seeinwholy mut easerted
i•tbia rinse, leek Ektioday wight
itaß:reelee,
ammo' Mary Mortimer, wee eat with bee
lateeded humbled, whew is suddenly dews.
sad ieuesdiately inOred. Au hared will he held
to-day (Tuesday) before H. Leek Mg, agraity
ember.

IT Is PramLey requeded that all OrmosesieMhes
sadreseed to " The Liken," sad aol be soy Isitvidea
by maw.

TI111•1111) by llbrat Plower, sad Pabibbsd Is, ilis Fn.
isesevoribed soder "IIN Osailksise AM,
r411413;i1b limos'] lisblarr. m "MI Ovum. ".
°WIWI Nwsr•eza OOSIPLINT, Lnassik" al Yak
Itarimered Olke, Obarok-siresk Derlbigiher. by
WILLIAM W. Pry% el tie Pula of Torilastes Is
MN °peaty et Dense, Pal& Oillart di said Osommaa.
noway PailaW7 13. W.

/L)

1 Diettiti Nebms.

Kr. Atkinson anomniod, and Et 150. woo drank off Min dila

DO RCHE3TI4R.

Croes-ezarninatton continued After resolving defen-
dant's letter of the 27th on the 28th• It. did not 1t..,
anythlns further from biro before sendina Payne for the
sack of barley.

'NB Hirer Dray IL—We nadershand that already
upwards of 100 ger .tlemea hare signified thrir lutes.
ton of attending the dinner of the friends of Lord
p Atmore', Han/ , which will take place at the Teem.
bail, oil the 200 Inet.

Mr. Howard held that this rendered the contract void.
It could not be maintained that there wet a 4.livery
.uflleient to legalte the contra,t the day after defendant
had told him the contract was void.
His Honour remarked that defendant's saying the
onntreet was void did not seessaerily make it an.
Plaintiff mid he proved part delivery by the ono nark.
Mr. Howard observed that under the ststuta of frauds
be delivery must be made with the meant and 'Ruled
of the defendant, but as plaintiff had in writing on the
Merlons day that defendant held the contract void,
there could not be any delivery with assent. It was
laid down in "Chitty on Oontraces," that in order to
satisfy the statute there must be • delivery of the goods
by the vendor, with the intention of vesting the right of
possession in the vendee.
The Judge said the question was simply whether the
ielivery of the awl of barley wee ea a sample or in part
of bulk.

CouITTPoLIcz, Tuohy. —Before Major Hyk. g
and H. Willr Req.—Henry Balmy was brought
up In CUMIOO .7 of P.C. Martin, on a charge of amok
The coasts dile Meted that on the previous day at
1 p.m., he found the prisoner at Portland, drunk,
and smi• oped, and wanting to fight. Oomplainam
'poke him, when be hit him In Ibe facie and kicked
eined 10a. including oases, or seven day's
had 'akar.

Tim Roam:ton Rimer Comnimi.—The com-
mittee appointed to inquire into and amertain what
amount of distress stints amongst the po r of this
borough, met at the Towablell, on Monday evening.
under the presidency of the Mayor, when they made
the very gratifying report that there was very little
&stream in the borough, and not such as to lead
them to recommend any steps being taken at present
to expend the £lOO the committee have in hand as
a surplus from the Lancashire Distress Fund. It
was agreed to adjourn the meeting till the beginning
of next winter, online occasion should arise for their
assembling in the meantime, when it was suggested
they might take into consideration the propnete of
establishing a soup kitchen for the winter, or making
arrangements for the lending of blankets to the poor.
- -

•- - •
Coon? ow Rionznoin, Westminster, Feb. 4.
Before Mr. Boron Martin.—Manflefal •. Yeatesua.
Mr. Coleridge. Q.C., and Mr. Harsco Loyd aproared
for the plaintiff; Mr. Mellish. Q.C. and Mr. Watkin
Willisms for the defenclant.—Tbe seMoti was brought to
recover the sum of £3,132 18.. 2d. from the defendant,
who with other °wintry
.rntlemen had, in 1853,
formed a company, called 'The Church and Country
Newspaper Company (Limited)," the object of whiob
was to provide cheap, good, and independent iwisine of
public opinion, of an elevated moral sad religious Mee,
throughout Dereelishire, Bflusereetehirs, and portioss
wijashire, Hempeldies, bad Devon. By ea averment,
• dated January 2, 1865, a Ur. Fyfe purchased of Mr.
Marigold the Western Ply*? Poet and 13 other local
nee spepers, end this sgveeee.nt professed to he made
by Fyfe for himself, the defendant. and other gentle-
men. The papers, machinery, and other stock in trade
were delivered over to the company in Marsh, 1865, and
bills for the prise and for the book debts were even by
the company sad dishonoured. The question era.
whether the mompany alone Ives liable, or whether the
defendant hail authorised Fyfe to pledge his (1 estimates)
personal credit. The jury found for the pisio.iff for
the full amount olainned—C3,l32 15.. 2d.— The Tima.
xrplsl ibtirriticr COURT OP BANKRUPTCY.—
' Mama, the Acting Registrar, J. Jerwood,
Eisq.—Re William Wallace Fyfe, of Fordiogton and
Dorchester, printer and publisher, a prisoner for
debt iretbe Dorset County Geol. Meeting for choice
•of assignees. Mr. Lock, of Dorchester, appeared for
the "estate. The official assignee reported the
bankrupt's delete as follows: Owing to creditors en-
snared, £503 7a, 5d.; to creditors bolding security
(fully secured by policy of ameiranoe and deposit of
plate), £220; to liabilities on account of acceptanoes
given as director of "the Church and Country
Newspaper Company, Limited," £3,890. 14e 7d.
Asset.: Furniture and books, value about £150.
Mr. T. Y. Tulloch, of Dorchester, groom', was chosen
emitters meioses, and the last ezamination was Bind
for the 25th March. The bankrupt then Jude an
application to the commissioner for his reline from
custody. having been brought op in the custody of
the gaoler. The detaining creditors wen Meagre.
Johnson, and Co., piper makers, of London, and it
appeared that Mr. R, W. Johnson had rensatly
pond of his business, and proceeding. bad been taken
by his repreeentatives without his knowledge. The
bankrupt had signed certain acceptances drawn upon
the Church and Country Newspaper Company in his
own name, as managing director, and upon these he
bad been sued and imprisoned since the 9th of
January lam. Under the circumstances, his Honour
orviervd the bankrupt's release and granted him
re mica

Crees-ileasulosilon ruined: Defendant was to deliver
to hint at the railway at Ilherborne. and he was to
deliver to Yr. Beale at the same plies. That arvante-
mini with Elamways au never altered. and he had
never asked him to deliver the barley at Sberborne.
There waa no time "pacified for delivery.
Re-summed: In consequence of the letter from
Samways on the 213th October marine be Ind re-meld the
Marley. be did not tell him to pet it in the railway at
fiherborne.

Adam Payne spoke to takiag a litter from plaintiff
to Mr. W. Dunford oti the 29th October, when Mr.
Danford put the sack of barley in his waggon.
This was plaintiWs cam.
Mr. Howard, ma behalf of defendant. contended that
there was no contract in law between the parties, because
than waa no agreement in writing, and no delivery of
park of bulk, bat merely of a sample. He tailed
William Danford, farmer, of Lillington, who mid
that he delivered the sack of barley to Payne, in eon-
sequence of plaintiff's letter to him. He told Parse he
had no orders from ffamwars to let him have it, hat he
did not! Ike the waggon to go away empty, and lee hint
take It oat of good nature. He bad winos paid Elainwar
for that sack of barley.

Cruse-examised : He sold the barley to Fiemways at
tnarket, on the sth or 12th October, at 41a. per
qr., to be delivered at fiherborne station on flamways'
order, and was paid the risme day. Seaways called at
his house on fiherborne Pack Monday fair day, and
asked him if he knew Harris, when he raid no. Could
not recollect whether or not &always told him he bad
sold the barley to Hams.
Mr. Atkinson addressed the jury, and said be held
that the contract between the tartlet wet a verbal one,
so there must be part performance to legalise it, either
hy payment on account, or by part delivery. He con-
tended that the sack plaintiff got front Danford's was
part of the bulk, and not a sample, and that Danford
noted in the matter as Slantways' agent; consequently
that be was entitled to their verdict for is. per qr. on
the 5.3 j qrs., with such additional sum for expenses on
account ni expense and trouble in the matters. they
ermaiderei he ought to have.

titCHWITER COUNTY COURT, TOUDAT.
(Before K. Eveiterr, Esq., Judge.)
biro TTTTT AMON FOR ROlO-DELSVIRT OF BRILET
' e ROI ANS. —The Court WU occupied for several
hoar. uilh a WO of some importanee to lore
merchants, tried before a jury of Ave, of which
Mr. John Hicks, of Dorchester, was foreman, via,
Eliha Harris a B. Seaways. Plaintiff is a corn
merchant of Wltitchuroh, Henstridge, and he
claimed £26 16.. from defendant, who is in the
none trade, and lives at IPiddletrenthisie. for broach of
contract by nondelivery of • quantity of barley per.
chased of him by plaintiff. Mr. Atkinson, of Bland-
ion, appeared for plaintiff, and Mr. Howard. of
Weymouth, for defendant.
Plaintiff stated that on °stoker 15, be met defendant
at Sherborne fair, and purchased of his two lots of
barley, an interval of • quarter of an hose elapsing be-
tween the deals. He wrote the bargains in his pocket-book
thut "Bought of Samerays, Piddletrenteide, Dorchester,
35 qrs. of barley, at 48e., OR Sherbet/me; bags 14 days,"
and "Bought of Beams" 53i qrs. of barley, in Shoe-
horn.), at 43e. be 14 days." The 54 qrs. wu in the
pouession of Mr. W. Dunford, of Lillington, of whom
&tower. bad booght it, and then qii. at Hr. George
Danford's. On the 16th October he received
a letter from Saloum, stating that "the 107 auks I
were In Walt of England auks on hire, and he
should be glad if plaintiff would order them away. as
the farmer franM4 them gone; let him send defendant
an address, and he would have them at Shoehorn' station
airiced to him. At he had to pay a fortnight's hire of
the bags, be had better transfer the bags to hive, and
snow him Id. per bag. As plaintiff was a stranger and
this was their Ant Osamu:4ton, he should be obliged if
pleintiff would mend him a cheque when the barley was
delivered." In reply, plaintiff wrote on the 111th (Mt.
that "he would send an order sate the barley as soon as
possible, but as he had got to mend it on further by rail,
Ste should be glad if defendant could let it stood a by
or two." On the 20th Oct. Samways wrote to plaint IT
that "the barley might get damaged where it was, and
the sooner it was sway the better: if he let it stay
plaintiff must take it at his own risk." On the 27th,
riam ways again wrote to plaintiff- Not having beard
from you respecting the barley (and you know the bags
are running on to St per we. k exposes, and the farmer
wants them gone), I have disposed of the barley, as I
amid not keep it any Imager, so I shall consider our deal
void." On the 29th, plaintiff wrote in reply—" The
reason of your not having beard from me is I have sold tbe
barley tosnother party, and await hisiorders, on receipt ,
of which I will advise you, as I do not, and shall not
consider our deal,'whieb warn bona Air, void. As soon
as the barley but gone in. I shall spend you a cheque.
P.& Had barleys gone down Pin pries I suppose you
would not have taken the trouble to "ell them again."
On the 27th he sent a man named Adam Payne to Me
W. Danford's for the odd seek, and to Mr. G. Deinford's
. . . .

for pint sample, both of which be brought bank. On
the 27th he sold the whole of the barley to Hr.
Wilson Beale, emu merchant, of Wlmborne, it e profit
ef Is. per qr.
• Mr. Howard here interposed, and quoted the case
Hadley v. Hamada., in which Baron Alderson ruled.
that where two parties have made a contract, which
one has broken, the damages the other party should
receive for mob breach should be either such as
might fairly and reasonably be eonsidered as milting
naturally and wording to the usual mores of things
by sue breech of 000traot itself, or as might reasonably
hese been supposed to be in the cootemOstion of both
parties as • probable result of a breach of it. That
ruling war thoroughly supported byllilandsli and others
er. Roper, in which a quantity of seed barley was sown
is 'Ch.velier barley," which proved to be not that
kind, and the judge said the natural result of mead
barley would be to be sows, and, therefore, damages
could only be gives for the diffeneers In the result of
the two barleys. Bo In this ease he said the natural
result of the deal was not what a sub-dealer might
profit by it, but simply what the plaintiff might gain,
-which woe Is. per qr.
Mr. Atkinson remarked that Mr. Howard's argu-
ment was premature, immure as he had not
beyond the damage sustained by plaintiff IC at
prompt.
Plaintiff proceeded He did not deliver the barley to
Mr. Beale. because Bein ways bad not delivered it to him.
On the 31st Ostober Seaways wrote to him: " Yoe
did not fulfil your agreement in taking the bailey
away, and I have re-sold It. You meld not expect me
to keep about 107 sacks on other people's premiere at
my risk. If you wished the barley to stay there, you
should bare paid the cheque, and takes it at your Olin

Mr. Howard objected to these litters being reerived
In evidenee. If they were to prove a contract in writing,
as they were slimed the, mast be stamped.
His Honour said they were perfeetly admissible.
SIAM i 11•000 continued: He had had •
claim made upon him by Mr. Beale of 3s. par qr. on
amount of not fulfilling his sontract with him.
Mr. Howard now objected, and mired his Honour to
take his argument previously Mem pre MOW
Mr. Atkinson observed that as both the wiles were
corn dealers, defendant well knew that the bargain war
made by plaintiff simply with a view to malting a pro-
fit by sailing it Dania, and therefor* that this Maim for
damage through hic inability to fulfil his bargain with Mr.
Beale arose naturally out of tbe contract.. He quoted
Randall and other.,. Roper as sustaining that position.
He also said that to. per qr. was shamed from Mr.
Beale by a Bristol num to whom he bad sold the barley.
The judge sold in Randall,. Roper, Lord Campbell
decided that when you pal am" Chevalier barley" as
article which tarns out to be mime other, mid thei sub.
purchaser makes • claim on you upon that ground, you
are liable, but he never touched the point now to
question—that if you sell barley in a market the mooed
purchaser can elahn on the profit be might epske. The
man at Bristol could not claim—that was too ote.
Plaintiff resumed He claimed ES for the expense and
lorooble be !natured in going to Blander! and Wit.
borne on three or four days to see Mr. Beale about the
matter.
Onme-ezmained : He had been a corn dealer four or
five ran. In the lot .real between the two &has with
defendant be bowed 96 qrs. of barley ot Yr. John
Warren.
Mr. Howard: Has Mr. Warren deolieed to Om up
the barley till you pay for It?
Mr. Addams objected to the question SI Irrelevant.
His Honour ocesearra
Orotwezamlnatiee memoned : Os the Mb October,
Payee teelt seek from Mr. William Deward's, end •
pant wimple Irma 1112.13sermt Denford'a He never bad
from the 36 qrs. mare than plat einnidan
Mc. Howard alibi that se the oostrad wee not in
writing. and plabnif had only maples ol the 35 gra ,
sbe statute et limit beefed tbeipertimi of tbe &be for
duesisk

The judge then summed up the ease to the jury.
After dating the nature of the claim, be called attention
to the 17th SOO. of the statute of fra.u.ds which says
"that no oceanic! forth. sale of env WWI, Or
merchandise, for the price of IEIOO 117)17As shall be
allowed to be good except the buyer shall &adept part of
the goods as sold and actually receive the same, or give
aconething in earnest to bind the bargain, or
in part payment, or that some note or memor-
andum in writing of the said pertain be
made and signed by the party to be charged by such
contract" Bo that the plaintiff could not recover ma
the memorandum, but must prove part delivery, If
the jury thought the one each of barley war • delivery
of part bulk, plaintiff was entitled to recover all their
hand. If they considered the sack was delivered as •
sample then, as plaintiff Gould not go on the
memorandum, he should rule there was no *efficient
contrectunder the statute. To render it clear he would
read plaintiff's letter to Mr. William Danford, whisk
had been put in : " Yon are, of wane, +ware that I
purchased 35 and 5.3 i qrs. a barley of Mr. 13ausways,
which he told me he bad purchased of you
and your brother will you kindly send me,
by bearer, about a pint of each sample, as
I want it particularly to-day to send out to •
party! have sold it to, who will doubtless give me in.
streetione in • day or two revealing the delivery of it.
By the bye, I think on mooed consideration, you may
its well mend the odd sack, ea, should I have it by rail, I
shall bare to eay for • quarter.* Plaintiff said that
chewed he sent for part of the bulk, but they would be
able to jirlge whether Danford was correct In his answer
to them that be delivered the seek in consequence of
plaintiff's letter. On November 3, defendant wrote to
"I beg to say that If Kr. Dunfoud hie let yeti
have • each of barley ills against our (Sullenly' and ikon)
order, 'Roswell, or knowledge, as we have never
authorised him to do so.' They had therefore, that as
soon as defendant beard of the delivery of the one sack
be wrote to say he never authorised it, and if Danford
delivered the sack without his authority it would not be
sufficient to establieh the contrast. His Honour, then
referred to the memorandum made by plaintiffs. to the
deal, remarking it was unfortunate for him that be did
not get defendant to sign it, as if he had done there
would have been no qualities about it, A memorandum
was also made by defendant, but be had never been
asked for it. Plaintiff relied on the contract
mule at she deal, and the delivery of the one
seek. A point might have been raised with great
Pietism that bad not been raised—whether or
not the letters written to plaintiff amounted
to a contract in law soffit:tient to enable him to recover.
Bat it less not raised, so he pealed It by. Mr. Howard
said, ropposing there was a delivery by defendant at
all, it wee the delivery of • sample and nothing more.
In law, if the each was merely a sample plaintiff's cies
His believed the evidence of Dunford, but it
was for the jury to say whether they believed it or not.
He said he was never authorised to deliver the sack by
defendant, but did an because of plaintiff's letter, and
to strengthen that, mays he was held responsible for the
seek, and wad actually paid for it. In eiroesexamina.
tion be said he was to deliver the barley to defendant's
order, and, if he had no order to deliver that Rack, then
there wee no delivery in law, for without defendant's
authority Danford had none to deliver. Assuming for
• moment there had been • part delivery, and plaintiff
was entitled to a verdict, the question same as to
damages. The jury would recollect that ooe portion of
the contract had been abandoned, amounting to
Cl 15e. beoaase, under the circumstances. the plaintiff
could not maintain IR That would leave £2 134, ed. on
the barley if the plaintiff was entitled to recorer. A
good deaf had been said about the damage sustained.
and in order to show the jury there could be DO cause of
complaint against his ruling, he would tell them that
touching • ease they had heard quoted, Mr.
Baron Bramwell said : "In order to &denials
the demagog a man ban sustained, we must
Anti And out how much bettor he would have
been U the contract had not been broken.
Plaintiff had shown beyond the possibility of a doubt
that he would have been better to the amount of Is,
per qr. on the barley, acd in no other respect. What.
ever the sub.porehasers gained would not put a sixpenee
into his pocket, though one of them would have profited
3s. per qr., and the other 4s. if the barley had been
delivered. "It does sot follow," said the learned judge,
"that he is entitled to recover the whole amount of the
difference between the position in which he stands and
that in whieb he would have been. Defendant is not
except for such damage's' would either awarding
to the usual warm of things &rim from this bressb ci
the contract, or mob as might have been reasonably sup'
posed to have been in the contemplation of both parties
attic. time they made the contract.* There was mow
thing very clear in the Jew's ito laid down. The "usual
mune of things" would be the planed's ion of la per
qr.; and you cannot suppose that when the pieties
entered into the contrast, either one or the other oon-
templated the sub-sales they had heard of. It woeld be
carrying the matter so remote that he should think no
court in the country would euoport it What waste the
contemplation of the parties They were both dealereand
It was fair to infer that it was contemplated as a matter of
course the buyer would sell again at • profit, though sot
all the imbiates it was first attempted to set up. Thus
his ruling was quite consonant with the jedgmeel of the
learned judge, Baron Bramwell. As to the ezpenses
plaintiff incurred, it was for the jury to my whether
£3 worn • reasonable sum. He would wall their &tangelo's
to one other point, He did net know whether say of
the jury were accustomed to deal in barley—they were
all strangers to him—but if there was among them any
such gentleman he would ask him as • matter of ex-
perience and common seam, whether he did not very
often send amok by way of sample, instead of a pint or
quart. Had not the jury seen farmers in Dorchester
market with sample sacks over and over again? If
farmer wanted to sell his barley at a good price—and it
had been teething & very high price thee year—
did they not think that he would get a better
price by offering • sample sack instead of a
run* plot? Thiwefore, when it was talked
shout one saa as part of bulk, he must address
their common sense a little, and eels them if plaintiff
did not send for that sack as a sample, especially when
they bore in mind his letter to Danford. It was for
their consideration. If they thought the seek ••• past
of the bulk they would give plaintiff a verdict for
£5 13s. Si. supposing they considered £3 was not too
touch for his expenses in the matter.

W EYMOUTH.

anirrtrro laraLuerrica —Weymouth, Feb. 1.-
Bevers/ papers and reeeipted bills belonging to lb.
Ogres, and dated Plymouth, February, 1865, and
Dublin, February, 1864, have been picked up on
Portland beach. The orew of the Shambles Light-
ship report that • large quantity of spare and rigging
attached apparently to • large ship, have drifted pad
their Tool during the weeL —B/kfrpdest eased.

COSIVIIIISAZIOIII.—OIIs of the most pleasant
gatherings which has for a long period takes place in
this town, mane off on Friday winnight, to the school.
room belonging to Olottomrter-street Chapel. The
amusement was designated • eonversasione, • great
improvement opon the time.bnnoured public tea.
meetings. Aleut 250 persona were Dreamt, and the
room most elaborately demo ated for the occasion with
wreathe and various devises suspended fron gh., wolbs
and ceilings. The entdit of this is due to Mr. Bennett,
the architect of the chapel, who in this work wee most
seelously helped by a bevey of the fair mt. Boon after
7 o'clock an opening address wax delivered by the Rev.
Robert Ashton the father of the respected pastor of
the chapel, who contrasted the powers Rivet) to human
beings for sociability and enjoyment, as compered with
the animal tribe. —During the evening the choir of the
chapel sang • selection of pop, duets, and thorn as in
• very creditable manner. The Re.. 5, & Ashton told
• "strange
.story," relative of (caveat life France, and
Mormon life in the Salt Lale City, at the commence.
meet of which his audience were under the impression
that the rev. gentleman was recounting some of his
own adventures, instead of whieh however it turned out
that hia wu only narrating the experience of others.
The "strange story" was told with treat vivan7, and at
the tionelusloo the narrator was loudly applaudei. He
also gave a selection of readings in his usual impressive
number. At eight o'clock nireshmenta, emulating of
oaks, tea, ooffee, k. , were handed round, and the
meeting was notieeehle for the very frien-ily spirit whieb
pervaded. Votes of thanks were &acceded to the
Wise end gentlemen who had taken part in the affair,
and we heard many hopes expressed that that meeting
would be the predecessor of many similar gatherings.

A LLMCD NON•IPAYKINT OF WAGIOL —Jamas
Marshallsay, master of the Hero, wee summoned by
Charlie Mabb, • seaman, for non•payment of
Cl fia. 64. for w s.—Complainant said he wee in
the employ of d t two months and fourteen
days, and when be wee diesharged, three weeks ago,
the amount win due to him.—Defendant said he did
not consider the oomplaimot had satisfactorily per-
formed his duties, as when lying in "lb. River"
(the Thames) be was called op repeatedly to °owe
on board. but did not make his appearing* till
within an hoar afterwards. By the delay,
the tide was bit; and *ebb, with others,
said they would not go to see. Wan.
dent went before the magistrate, but be
refused to beer the cue m he had not the ship's
articles with him. The mate's watch was lost, and
the crew were the only persons on board. He scold
have given them into custody on a very serious
charge, (that of breaking bull), and if they had
their doe they ought to be on the "jigger," the
treadmill. When the crew were told to go about
their business one left the thin quietly because he
was in debt. Complainant had deferred the taking
out the summons until his (the defendant's)
witnesses had gone to sea—The complainant ob-
served he had not the mesas to take out theme:moos
before. —The defendant, in reply to this, said if be had
come to him he would have given him the money to
take out the summon& —Complainant said he bad
some things on board of " hien."—Defendant: Aa
old tio.pot —The complainant said he bad been dis-
charged, and was, therefore, 'untied to his wages.
He could not come on deck earlier than be did
because • cask fell on him.—William Beale wee
called by complainant, and be mid he was die.
charged the day after the vessel came into the
harbour. He said Mabb was discharged became he
did not mins on board quick enough. He came es
deck within a quarter of an hour after being
In his (witness) hearing, Mabb did not disobey any
orders given by the captain.—A.djourned fora week
to allow the captain to get his winsome —James
Hatton, harness maker, wee summoned
before the magistrates on Tuesday, tints
th faer, carrying on business in St.
street, for constantly annoying him by
getting drunk, creating • disturbance, and threats's-
' log Isis life. Defendant did not appear, and service of
summons by P.C. Mare wm proved. It was
effteged while defendant was in bed. The father
said be was always kicking up rows in the house aad
in the shop. The father did not think he was ever
sober. Ha merely wanted protection. On the 10th
January (defendant's birthday) he behaved badly,
and on the 31st January the defendant oases
into the shop for IKIZIO WbipoOrd sad
abused the man in the shop, threatening to
light him. He was in fear of defendant
when be was in drink, but he could not
say be wee in danger of his life. —The defendant
now appeared and he mid he was very sorry. He
did not earn more than 6s. • week, and how wee he
to live.—The Mayor was afraid he did not do all
the work be had sent him, se he was not in a tit
state to do it. —The defendant said be would promise
never to eater the premises again. —Mr. Ayling said
he had promised to that effect when bound over on
• previous ocomion.—Ordered to enter into his own
recognisance to keep the pesos towards his father for
than months.—The Beach exhorted him to give up
drinking to moms. A dramatic lionise was
granted to Cant Castle, It &IL , La perform stage
plays at the Royal Hotel Assembly Rooms on Wed-
nesday and Thursday, the 6th and 7th February,
the proceeds of which, after deducting ermines, to
be handed over to the Mayor for distribution among
the local amities.

Now (ha Coarrir,—The aonnal meeting wee I
held at the Guildhall on Monday morning, for the ,
purpose of receiving the balance sheet, appointing ,
four directors in the pros of rase retiring and an
auditor. About 910 shareholders were present.
Mr. R. Thomas, the chairman of the Board of ,
Directors, read [the nodes conveoing the merry,. I
and Ur report was taken and read. It was, he said,
with some regret that greater program had not been
mode with the old Gas Company. Mr. Barden lias
profaned throughnut his willingres to dispose of
his old gas works, and at the erne time to get rid
of lux lessee. He might say rot the IMOD hod Mr.
Bardon had come to terms, and though no official
notice had been given he believed they might say
that theiebetade had been removed. It now remained
to be seen what Mr. Border, as a man of honour,
would do, and they bad DO reason, to doubt honour.
He has stated over and over again, that be was
anxious to pot himself in a right position with the
town. He (Mr. fkirdon) admitted that the town had
not been properly treated. He (Mr. Thomas) could
tell them that the Bill in Parliament was
progressing satiefactorily, yet for the sake of pear
It would be as well to get the possession of the old
gee works. The wrongs with raper to the supply
of gas at preempt remained unredreased, and he
thought the new company would receive all the
"appal the town could give. He invited a diacuinion
on the report; they had no smote on the natter, and
no one connected with it had sought through the
new company his aggrandises:rot. —The secretary; J.
Tiara, Req., read the barna' sheet and Ur report
was nosier and adopled.—The Chairman asked as
to what should be done with the arrears. The law
was imperative, and there was no escape from the
payment—Mr. J. J. Rolls proposed that the
defaulters be cried upon for payment —Mr. R. J.
Major seconded, and the some was carried.—Mr.
Rolls thought that the printing should be squally
divided—tar all the printers with or brush. • -A.
voice: Tar them with their own ink—Caught/AO—
It was explained that the directors were anxious to
divide their favoar. —Ur. J. Boonton proposed and
Mr. F. 0. lialett seconded that Mr. G. B. Crick.
may be re-elected auditor, at a sorry of two guineas
per annum. —Mr. Major thought that an auditor
was not necessary at present. —The Secretory said it
was imperative on rem to appoint an auditor.—The
next basins.' WM to appoint four directors—The
Chairman said Mr. Ayling had written declining
the honour of re-election. —Mr. G. Board proposed
and Mr. M. Phillips asoooded the re-election of Ms.
Thomas; Mr. Rolls proposed and Mr. Major
easonded the election of Mr. Robens, • Mr. Crocker
and Mr. Vertu., the election if Mr. oonton ; and
Mr. J. B. Charles and Mr. Clad, the election of Mr.
T. J. A. Buck. —The four named were elected.—
Mr. R. Thomas returned thanks, observing that he
angle
had not been absent from any one meeting, and
hoped they would ultimately attain the object in
view for the good of Oa town.—Mr. J. &
also acknowledged the compliment Ho was
satielled, if they would only accord the support
they bad already given, and allow the directors to
pursue an undeviating course, all would sod well as
far as they mild jarge.—Mr. J. Boonton bad Mr.
T. J. A. Buck also responded. The loafer mid if
was but natural that he Atari have an taborer in
the town bang a motive of it. He would endeavour
to do the bent be could for the borough.—Tbe
Chairmen proposed a vote of thinks to the secretory.
—Mr. Luna. seconded it. The loiter said the
secretary had earned every teething of his moll
calory, and be had devoted a greet deal of time *oth.
now company. —The Matron' added that the
secretary had aooorded the use of hie Are gratis, so
that rent bad been saved—The Hocretiary said he
looked upon the work se arbour of love, and in in 1-
be had bees ably arieted by the diradara. He omit
adored it the duty of any mayor to do all he could
forpstrbseutood of the borough. The meeting then
se

After a few minutes deliberation, the foreman of the
jury said they found a verdict for the defendant, though
they considered he had done wrong in selling Hp barley
before giving plaintiff notice of his intention to do 00.
Hi/ Honour said be did not think the jury weld have
found any other verdict on the 'video« before the.
Hs thanked them for their erviem, and theym were
discharge
Ri &twin CLEna.—lt will be retomehered list this
bankrupt had ea order made epos him for paymeet of
£4o quarter fer the benefit of Ma creditors, which it
was reported to hi. Honour at the previous court had
not been done, and the time of payment was eziended
to this Court. Mr. Weston now appeared on Clerk's
behalf, and sad be had • detailed elatement of his silent's
receipts sad espooditer• since the end of September
les' to the present time, which showed tbst be was
living moat eooitomiaally, yet he wee not only obliged to
borrow money. but had Insured debts to the animant of
12 or 1113. He owed £68.. fog bread. They hod Zhu.
of batter per week. (His Honour: Whet men who PORTLAND.
ca't peg anything to his creditors must do without
n biitur
mos
mossoory for o wows sessissssis, DRNIII DOWLING MULCAHY, TRH FINIAL—WO
ilia expenditure was 184. 4d. pm week exclusive of believe that application hes been made to the Lord •
bread. Them were thirteen al Mims to bye out Lieutenant for fits Exoellenoy's warrant to Lass Nos
of that very snail IMIL Thom then wee hi' writ of error in the Nee of Denis Dowling Mulcahy
hosolerost to Pay to "dig". "a CI" 1" "Wall, to tho Home of Lords. —Dublin Nyman Mail.
.Atliged to pay rent for the very tools be worked with.
HA Ma :loth* toerli6o get soy Weal": all be wild PORTLAND TZMYRRANCR SOCIITY.—A lecture, ea
go sad b• had tog. about the moot", announced the oommilitite of the above.
saa wool. •ma ribilpal to sell his owe Sad hie use delivered on
'"... be
ehiGirea's clothes M Moe. No amilitor onfowit him j, advocating lb.
ttosOt Rogan from ant to lest.—Ris Boom, : itamPt _ ear4,4l"a".
Rogers. I will adjosru the OW until next Court day, t0ward577..11.41
OD WI. Made
for Clerk to see what he out do. I cannot do more st
premint —Bo the reetter studs, and the ariferhimete min R, .2007
'lark. "at new twrirollal has be" Tuesday morning as Mr.
over him, unarms (as his Roaciar told bhp •' ips. Wing driven from the railway
teark" Court) lb. Ohm* al bslui,ssl e" • ot.fee with namengprs Wide, the near aft wheel was
gelitztegt WM the obviously toper" ,o7=w
*woof ors kfm. suddenly disommeoted, Mid the result might be
I the "bides" were in the road before

they hardly beet IL We hays not heard of any
injury, but it was no espy task for the unfortunate
hers. to drrw the 'bus to the *trades up hill with one
wheel "dragged."
PORTLAID Port/Las RRA DI MCIL —On Tuesday
evening the following attractive progremma was
annonneed by the oommittee to be pinned before the
andienoe. Mr. Thorne, Overture; Rev. A. Hill
(chairmen), " An Englishman abroad," sketch No.
1 ; Mr. F. Duffield, song, •• Rook me to sleep.
mother;" Mr. Potter, reading, "Chain of diamonds;"
Mr. Smoke, solo cornet, "Polka de .xineert " (Levy) ;
Mr. Beeven, reeitetion, "Mend Muller;" Mr.
Newman, song, "I will steed by my friend;" Mr.
.1. It. Elliott, reading "Mrs. Candle's lecture ;" Mr.
Duffield, snag, "Where era the friends of my
youth ;" Mr. Weetbeare, reading, " fielf-help ;" Mr.
Heaven, song, "All', for the beat;" and Mr.
Harvey, reading, "Out of work."