The Daily Times.
Liverpool, Merseyside, England, 1860-05-19 00:00:00

CHARGE OF EMBEZZLEMENT.

James Frame, late a collector in the employment of Mr.
Hillewell, of Caet'e-street and Lime-street, was brought up by
detective officer Carlyle, who arrested him in London, on a
charge of having embezzled about £270 belonging to his em-
ployer. Mr. Wynn appeared for the prosecution. There were
three charges brought against the'prisoner—olie for over £25,

received from the North Shore Mills Company; Ms 3d from
Messrs. Hudson, B rothers; and El 17s from Mr. Ellison, of
Renshaw-street, although Mr. Wynn said the entire sums
alleged against the prisoner was over 2270. Mr. Hellewell was
examined, and said the prisoner was in his employment as
Collector, and. it was duty to account daily for what money he
received. He stated that tee three sums mentioned were not
Paid over to him. The secretary of the North Shore Mills

Drovei having paid the prisoner some of the sum mentioned ;
_ _

and it was proves the other two sums wore paid t 3 theprisoner
also. 11r. Wynn said the accounts were made very compli-
cated by the prisoner, and he rendered an account to Mr.
in which he endeavoured to show that it was 'a

tatter of account between the parties. There was, however,
ZO entry of the three sums above stated in the each-book by
the prisoner. The prisoner cross-examined Mr. Hellewell.
'With the view of showing that money was due to him for

wages and commission, but the witness✓ denied that he owed

• V
fls' money. The prisoner made a long statement, and was
then remanded, but bail, in two sureties of £5O each, was
*etepted for his appearance.

(Before Messrs. AIKEN arid RANKiN.)
PUBLICANS' AND BEERIIOUSE CASES.
Catherine Owen, publican. Cunliff street, was summoned for
doing business on Sunday. Mr. Bluck defended ; bat the case
Walt proved, and it being the fourth offence, a fine of £5 was
IMPosed.

Thomas Williams, publ,can, Dawson-street, was charged for
permitting drunkenness, bat the complaint was not proved,
and therefore dismissed.

Mary Remick, beerhouse-keeper, Haughtcn-street, was
krarrioned for selling ale at illegal hours.---Dismissed.
John Watson was fined ss. for Sunday trading.
There were some other cases, but_quite void of interest. • _

LIVERPOOL COUNTY COURT.-YESTERDAV

(Before W. A. MILTON, Esq.)

IMPORTANT JUDGMENT. —ANDERSON v. BROOM.
_ honour gave judgment in this case, which was tried
On Friday last. Andersen had obtained judgment'. and
a warrant against Broom on the 28th of March last.
On the same day (but subsequently to the above judg-
tneat being delivered) Broom sold his goods to Mr.
Turner, furniture-dealer, who removed the goods to his
residence the same evening. The next day a bailiff
aeized the goods under the warrant ; and Mr. Turner
claimed them under the sale. His honour said,—Undee
these circumstances the question is raised from what
time we.e the goods bound in cases of execution out of
the Coxinty Court. I have come to the consto,ion,
though with difficulty, that they were so bound from
the date of the application to the registrar to sign the
warrant. At common law the execution against the
tods had relation to the time of the awarding thereof; and
therefore if, after the test of the writ of execution; the
defendant sold his goods, though bona fide and for
valuable consideration, they were still liable to be taken
in execution into whose hands. soever they came (Bac.
ab execution I.) This law, I think, applies to execu-
tions issuing out of the County Court. By the 45th
.tetion of the recent act 19 and 20 Victoria, "An Act
to Amend the Acts relating to the County Court," it is
enacted that the precise time when any application
Shall be made to a registrar to issue a warrant against the
Roods of a party shall be entered on the execution book
and in the warrant ; and by section 47 it is further
enacted that when a writ against the goods of a party
has issued from a superior court, and a warrant
against the goods of the same party has issued from
a County Court, the right to the goods seized shall be
determined by the priority of the time of the delivery
of the writ to the sheriff to he executed, or of the appli-
cation to the registrar for the issue of the warrant to be
elecuted; and the sheriff, on demand, shall, by the
Writing signed by any clerk in the office of the under-
tberiff: inform the high bailiff of the precise time of
anch delivery of the writ, and the bailiff, on demand,
%ball show his warrant to any sheriff's officer, and such
writing purporting to be so signed, and the endorsement
kni the warrant, shall respectively be sufficient justifica-
tinn to any high-bailiff or sheriff acting thereon.
unless,
therefore, these enactments are controlled by
ether statutory provisions, it is clear that the effect of
the warrant must have relation, as at common law, to
the date of the application to the registrar. Now, the
common law liability to which I have alluded here, has
ertainly been contracted in some cases. By the Statute
°' Frauds. 29 lar., c. 3, s. 16, it is enacted that no writ
t'f:fleri facias, or other writ of execution, shall hind the
Pods, but from the time that such writ shall be delivered
'4l the sheriff, under-sheriff, or coroner ; and by a recent
7.et, 19 and 20 Vie., c. 97, this liability is further curtailed :
01' by the first section it is enacted that persons acquir-
-4 ;ng title to goods bona fide, and for a valuable consido-
tation before actual seizure shall he protected against
Berson
writ of;fitiifacias, or other writ of execution, if such
Person bad not at the time when be acquired such title,
16tice that such writ had been de iveiel to and remained
4nexecuted in the hands of the sheriff, under-sheriff, ,or
taroner. Had these statutes been applicable to the case
under consideration, it is certain that the claimant would
))ave been protected,' for the goods had been sold even
rote the writ had been delivered to the bailiff.
alit with every inclination to extend to the
execution the protection given by these statutes
ant unable to say that they apply to this case. Inde-
pendently of the very peculiar language of the last
eeited acts, the pointed reference in the 46th section of
19 and 20 Vie., c. 108, to the statute of frauds, and the
%%Illy pointed omission of all references to the provi-
siou
s of the 19 and 20 Vic., c. 97, compel me to come to
tr conclusion that a distinction exists between the two
aes of warrants, and that the legislature has not
the
the protection given by the statute of frauds to
19 and 20 Vic., c. 97, to cases where goods have
been seized under warrants of execution from the County
°arts. And this conclusion is not weakened by the
fact that the County Court Act, 19 and 20 Vic., c. 108,
;later on the statute roll than the 19 and 20 Vic., c.
) though the two statutes received the Royal assent
the same day. I must say, therefore, that the claimant
t"' not protected as 'against the execution creditor and
°llsequently that his claim must fail.
mns ov. MACDONALD.—Messrs. Moses sued the
defendantt for .E 1 18s. 6d., the value of eleven pairs of
gOirsers.A female named M`Cann obtained the articles
°in the plaintiff to be made up, the defendant becom-
Z security for her. When the articles, however, were
tr_t "home" the holes and buttons were found to be On
wrong side, and when a customer tried a pair on in
4" ibOp rt was found thattheir "hinds" were " before."
44grtient for the plaintiff.

The death of Byron's widow_is announced. She was
'4rried to the great poet in 1815.
tl The Palestine (ss) and Glasgow (ss) touched at Queens-
te,%/n on Thursday evening, for mails, passengers, and
ALegrarns and embarked nearly 600 emigrants for
fo The Rev. Theodore Parker, of Boston, United States,
10„ "n erlv a Unitarian minister, died at Florence on the
In instant.
44r. Thomas Haynes, for forty-five years the police
hierter at the Mansion-home, died on Thursday, at
residence at Bayswater.
rn Turin letter, dated Monday, says that the Govern-
tisent had sent orders to the garrisons in central Italy
tlarch rapidly towards the Pontifical frontier.
T 1 a BENCH GOvErtNMENT AND PAMPHLETEERS.--
tte following communicated note from the French
banister of the Interior is published :—Several journals
4tVe announced that a pamphlet whiCh wag atiout to
Peer, under the title of the " Frontieres" du Rhin"
et4,t been stopped by order of the Government. That
tiavtetzent is perfectly incorrect. It was not an order
tiuen, but a
.simple counsel, which, without restricting
aeLrights of any one, was, for the Administration, the
"urnplishment of, a duty.
tip
-4Trt or A SRELETON.—The Morgue was visited
1304 great number of persons a few days back, to see the
tev,:,,',or, more correctly, the skeleton of a man about
14,c3' years of age, which was found in the Seine,
Nvas4 Choisy-le-Roi. The body had not been in the
to termore than four days, and the deceased appeared
mitt fallen into the water by accident. If he cour-
ted suicide, it was not from destitution, as he was
thi„dtessed, had two flannel waistcoats on, and gold
kefyieb,uttons. The linen bears the initials C.J.L. The
eace,` men who examined the body state, that the
the
iv leanness must have been the normal state of
lld(leveeased for a long time past. The body has not
ibe-rle-r1 identified, but it is thought to be that of an
thl4°l-dual who was exhibited some years back in' the
a 146-Elysees as the " Living Skeleton."
*llB °,E-Ntaez sant 8.
.—All Shirts made to order at
by 'olden Glove ETstalTli NOTICE.—:aiI
gzecnt, 18, Berry-street, are made
I.4rl,oollceedlewom.