The Daily Times.
Liverpool, Merseyside, England, 1860-08-03 00:00:00

COURT OF PASSAGE.

(Before EDWARD JAMES, Esq.. Q.C., Assessor.)
This court was opened yesterday morning, at nine
o'clock, by Edward James, Esq., q.C., assessor for the
borough. A few undefended cases were first tried, but
they were of no general interest.

SPELMAN GAGE.—This was an action brought to
recover the sum of £lOO on an I 0 U advanced by the
plaintiff to the defendant, for the production of a work
entitled " The Commercial Diagram," and £3B 12s. 6d.
due by the defendant to the plaintiti.—Mr. Brett
appeared for the plaintiff, and, M. Aspinall for the
defendant.—lt appears that the defendant is an engi-
neer, and in 1854, being about to publish a work,
appliefl ;o the plaintiff, Mr. William Spelman, a printer,
carrying on business in South John-street. The plain-
tiff advanced £lOO, aad received in return an I 0 U
from the defendant. In 1856 2,000 copies of the work
were printed, and the defendant undertook- to. get them
bound and published. Very few copies- were sold, and
1,500 sheets of the work remained in- possession of the
plaintiff for a loug time after the first publication. In
March last these were forwarded to the defendant, who
had previously paid £5O on account for printing the
prospectuses and advertising. The cost of printing and
advertising amounted to £B3 129. 6d., leaving a balance
unpaid of £3B 12s. 6d. Applications had been made
for the balance and for the 13Q0, but the defendant
declared his inability to pay. The agreement which was put
in stated that the printing and publishing of the work
in cktiesticui was a partnership transaction, and that the
.4;100 was advanced in consideration of receiving one half
of the nett profits on the sale of the work. Mr. Aspinall
contended that document contemplated a partnership,
and in that case the action could no.l be sustained. The
learned Assessor directed, a vei &et fur the balance
unpaid, £3B 12s. tid., with leave to move to reduce that
amount to £2 10s. 6d.

ii.vrEs V. M'Couar.—This was an interpleader issue.
brought to try whether certain property, which had
been seized by the defendant, was the property of the
plaintiff or not. Mr. Aspinall appeared for the plain-
tiff, and Mr. Brett for the defendant. The plaintiff
was Mary Oates, the wife of Philip Oates, from whom,
in November, 1858, she obtained a judicial separation.
By this separation she was entitled to enjoy all property
which might be acquired after the 9th of November,
1858. About, the time when the separation was ob-
tained, there was some property on the premises which
belonged to Philip Oates : this property, consisting
chiefly of cows, had, it was contended on behalf of the
plaintiff, all been disposed of in one way or another
before the execution was put in by Thomas M'Court.
Some of the cows died, and others were sold ; the total
amount raised upon the property was £6O. With this
money the plaintiff purchased other cows, but they were
seized by the defendant in virtue of a judgment which
he obtained against Philip Oates. The goods seized on
this occasion were, besides the cows, a number of dairy
utensils, several chairs, water butts, and other house
property. Part of these had not been purchased since
the separation ; but as Philip Oates had allowed them
to remain on the premises when he had an opportunity
of removing them, the learned assessor considered that
that fact made them virtually a gift from the husband
to his wife, and consequently as much her property as
if she had bought them since the separation. Under
these circumstances the jury found that all the articles
seized were the property of the plaintiff.
CLAIM FOR THE VALUE OF A HORSE.—In this Case,
Benjamin Hill, licensed victualler, sought to recover from
the defendant, Mr. Crosfield, the sum of £3l IN., which
it was alleged the latter had agreed to pay for a horse
belonging to the former. Mr. Brett conducted the case
for the plaintiff, and Mr. Aspinall and Mr. Temple
appeared for the defendant. Some time ago, the defen-
dant being in want of a sound horse for his carriage,
applied to Mr. Frost, who promised to look out for one
likely to suit. Mr. Frost having communicated with
Mr. Hill, the plaintiff, the latter took took his horse to
the defendant's house, and it was inspected. Mr. Cros-
field, jun., the plaintiff's son, also tried it in the evening,
and ultimately asked the price for which Mr. Hill
would sell it. Mr. Hill fixed £34 as the lowest sum he
could Wu', and the defendant's son replied that he
did not think his father would give more than
£3l lOs , but he would first like to have it examined
by a veterinary surgeon and to take it to Waterloo.
The horse was examined by Mr. Middlehurst, veteri-
nary surgeon, and he advised the defendant not
to give more than £3O for it, The plaintiff agreed
to take £3l 10s., and the defendant's son gave £lO to
the coachman at Waterloo to bring to Mr. Hill. The
balance, however, was never paid, and the horse was
sent to Middlehurst where it remained up to the time
of bringing the action. On behalf of the defendant it
was stated that his purchase was subject to the condi-
tion that a good character should be obtained from Dr.
Kaye, its previous possessor. The jury returned a ver-
dict for the plaintiff for the amount claimed.
BOLDERSTON &idol% This was a claim for
£4O 9s 3d for goods sold and delivered by the plaintiff
to the defendant. The plaintiff and defendant are fruit
merchants, in this town. The goods, for the value of
which this action was brought, were sold to the defen-
dant in the month of April, in the present year. The
defendant did not appear, and Mr. Russell haxin,g proved
the delivery of the goods, the
,jury, under the direction
of the learned assessor, found a verdict for £4O 9s 3d,
being the amount claimed.
WIOQ JONtS AND. ANOThipt.—Mr. Brett appeared
for the plaintiff in this case, and Mr. Aspinall for the
defendant. The action was brought to recover the
sum of £65 15s. 6d., the value of some malt which the
plaintiff sold to the defendants. The defendants, Jones
and Finnie, were believed by the plaintiff to be in
partnership, and acting upon this belief he delivered to
them malt to the value of £65 15s. td. Since then
Jones had stopped payment, and Finnie was conse-
quently held responsible for this debt. On behalf of
the defendant it was stated, that although once eon_
ternplating partnership with Mr. Jones, no such agree-
ment i
had ever been entered into. The learia:e,,,AAeswr,
said the defev.,de4it Would be
in addressing the jury,
responsible for this debt, eithe tke was really
a partner
or if by making re;Useratations to that effect he had
induced, '.4be plaintiff to deliver these goods Th • • • e par)
tolDid 'tor the defendant.
nine
Tho'clocke courtthis adjmorning, ourned, shortly after six o'clock, until

CORRESPONDENCE.

PRESTON ARTILLERY VOLUNTEER
CORPS.

TO THE EDITOR OF THE TIMES.
SlR,—Will you allow me to occupy a few lines of
your space to state that an artillery volunteer corps is
now being raised in Preston. My reason for requesting
this favour from you is because within the range of
your circulation there are now resident many natives of
Preston, who, there is little doubt, would gladly contri-
bute to an object like this, connected with their native
town, were they aware of its having been commenced.
We are now raising a fund for the establishment of an
artillery volunteer corps here, and if distant Prestonians
will assist us, any contribution to our funds will be very
Gladly received.—l have the honour to be, your obedient
servant, ROBERT CLARKE, HOD. Secretary.
Preston, Lancashire, July 30, 1860.

TAMES STEWART AND Cu
ei OFFER THEIR CELEBRkTED
"JJ" WHISKY, 8 years old, at
NlartelPs Old BRANDY, Pale or Brown 26a. „
Finest Schiedam HOLLA NDS, in eases—. 345. & 38s. per D 42.
If fl in wood
London, Plymouth, or Bristol GIN, full 1 13.,. 6d.
~
strength

IN ANY QUANTITY FROM ONE PINT uPWARIA.

JAMES STEW ART & CO.,
WHOLESALE WINE AND SPIRIT MERCHANTS, AND
BOTTLERS OF ALES AND PORTER.
QUEEN INSURANCE-BUILDINGS,
11. DALE-STREET.

W. H .

T OOK E

(SVCCIEB9OII TO F. L. HAUSBURO),
OLD POST-OFFICE BUILDINGS
LIVERPOOL,
Respectfully solicits attention to his immense Stock if
of the newest and ehoieest designs, and in the greatest variety.
SILVER AND PLATED GOODS,
of the most fashionable patterns ; the quality watranted.
WATCHES.
London-made LEVERS, with all the latest improvements.
,Liverpool WATCHES, at all prices.
fieneva WATCHES, from the best makers.
CLOCKS
of all descriptions, including the very latest designs, con
stantly received from his Manufactory at Faris.
ARTICLES DE PARIS,
a rich and varied astortment.
SEVRES, DRESDEN, and PARIAN CHINA, BOHEMIAN
GLASS, and BRONZES.
BUHLWORK,
of every description.
DRESSING-CASES, WORKBOXES, DESKS, ENVELOPE-
CASES, and FOLIOS.
TABLE AND POCKET CUTLERY
MEDIEVAL and PAPIER-MACHE GOODS.
CHANDELIERS,
Class and Metal.
LAMPS,
of all kinds.

Public Buildings and Private Residences Fitted for GSA.
Estimates and Priers forwarded on application.

W. H. T. requests the favour of an inspectioa of the Stock,
anti begs leave to state that he has determined to adhere
the modern rule of business, vie :
SMALL PROFITS AND QUICK RETURNS.

W. H. TOOKE,
LIVERPOOL.

Al CCOUNT BOOKS.—A Large and well-seasoned
Stock of Ledgers, Journals, Day and Cash Books, Bill
800 s, and every other description used by Bankers, Merchants,
Brokers, and General Tradesmen, always kept in stock, made
of the best Kent Papers, and bound by first-class workmen in
a superior manner, and guaranteed to open freely and lie flat.
Parties can have their Account Books bound and ruled
pattern on the shortest notice.

fiAIISCELLANEOLTS STATIONERY, comprisin;
Letter Paper, from 4s. to 15a. per ream; Note Paper
rom 2s. to 7s. 6d. per ream ; Envelopes, large wise, 3s. 6d. per
1,000 ; Stationery Cases and Envelope Boxes, in oak Loa
walnut, from 2s. 6d. each ; Mordan's Copying Presses, from
SO, each; Letter Scales, Inkstand, Die and Press, 16s. 63.;
Pens. Copying and Office Ink, very best (own manufacture);
and every other article suitable for mercantile firms.

TO TRAVELLERS AND TOURISTS. .
JUST RECEIVED,
LARGE and well-selected Stock of TOURISTS'
CASES, from ss. each ; Travelling Desks, ss. to £4 2s.
e ••, Despatch Box, Morocco and Russia, very best make,
acA
and beautifully finished, containing every requisite for corre-
spondence, £4 4s. to Re 6s.
MURRAT'S HANDBOOKS to France, Germany, Italy, Ire.
BRADSHAW'S „ ~
BLACK'S GUIDE BOOKS through England, Nprth and
South Wales, Scotland, Ireland, and the Lakes.
BLACK'S MAPS for Ditto.
BLACK'S GUIDE to the Watering Places of Great Itritaiik
and Ireland, 2e. 6d.

HENRY GREENWOOD,
MERCANTILE, GENERAL, AND FAMILY STATIONER,
BOOKBINDER, PRINTER, LITHOGRAPHLR,
AND ENGRAVER,
CASTLE-STREET.---32.

32,

STEAM PRINTING W.ORK'S
32.—CASTLE-STREET,--32;
kiiETTERPRESS PRINTING.—Bankeni, Mgr-
chant,, Brokers, Solicitors, Auctioneers, Tridesmem, and
ot ers about to change their printer—or new firrus, about to
establish houses in Liverpool—ate respectfully informed that
every description of Mercantile, Legal, and General PRINT-
ING, is executed with accuracy and despatch, and on thensost
moderate terms. The Premises, Plant, and Staff, forextenr,
completeness, and efficiency, are unequalled in Liverpool.
Machinery of the best construction, driven by steam power,
ensures rapidity and economy ; while his large and efficient
staff of intelligent workme i enables him to execute orders in
the first style of the art. Estimates furnished to large Con-
sumers for Commercial, General, and Fancy PRINTING of
every description.
LITHOGRAPHIC PRINTING.---Superior work-
manship guaranteed in printing Maps, Plans of Estates
or other Property, Sections, Diagrams, Landscapes, Marine
Views, Portraits, Fac-Slmile.s, Architectural, Eng ineerinsi, and
Mechanical Drawinys, t-bloured Show (Yards, Labels, Circu-
lars, Cheques, Bill Heads, Invoices, Bank Drafts, and every
variety of Ornamental and -Commercial Lithography, plain,
tinted, or coloured.

DOOKBINDING, MACHINE-RULING,
MACHINING, LETTERPRESS, and LITHOGRAPHIC
NTING executed for the Trade ou advantageous terms.

ADVERTISEMENTS FOR ENGLISH AND
FOREIGN mr,WSPA PERS.—Advertising.Ayent to all
t e ead;ny Ifercantile Firms and Tradesmen in Liverpool.—
The undersigned is the AUTHORISED AGENT IN LIVER-
POOL fax receiving ADVERTISEMENTS for all the leadtrvz
English, Scotch, Welsh, Irish, Australian, Canedlan, Ameivr-
t,an, French, Russian, German, Belgian, Dutch, Spanish,
Portuguese, Swiss, and other Foreign Newspapers, having a
direct communication with nearly 500 newspapers thrmAghout
the world, and devotee to this business the experience of nearly
a quarter of a century.—Contracts entered into for long series
at greatly reduced rates.
Advert isenwits for the Manchester and other district Pliers
or the following day receired up to Seven o'clock every evening.
All the principal papers tiled for reference.

HENRY GREENWOOD,
PRINTER BY STEAM-POWER,
WUOI.F.SALE AND EXPORT

STATIONERY AND ACCOUNT-BOOKIVIANUFACTURER,
ENGRAVER, AND LITHOGRAPHER,
AND GENERAL ADVERTISING AGENT,
32,--CASTLE-STREET,--32.
WORXR : HARRINUTON-STREET.

ARTIFICIAL TEETH, GUMS, AND PALATES.

PROTECTED ay lIER MAJESTY'S ROTA I. LETTERS PATENT.
INI E S ' R
DSEN.TISGTO B R I E 1.,
gog,- , DUKE-STREET, LIVERPOOL,
Opposite Berry-street :
ti:Eilr 33. LUDGATE-HILL
LONDON S Wasr-rlvo BRANCH,
te" 110, REGENT-STREET.
Observe Numbers particularly. .
ESTABLISHED 181.5. —SEE. DIPLOMA.

TEETH, THEIR LOSS.
And as now restored, on the new principle of self-adhesion
and capillary attraction combined, by means of a soft flex-
ible lining, with CORALITE HUM-COLOURED INDIA-LWEIREk
in lieu of bone or gold, without springs or wire, and with-
out any operation; THEY ARE WARRANTED PPM:, WUOLliv.
SOME, AND ENTIRELY FREE FROM. SHELL; they are easy
and comfortable upon the most sensitive gums, and may
be worn for many years without being in any way affected.
The materials used are of the best quality, thy workman-
ship of the first order, and are supplied at lass than half
the ordinary cost.

- New Edition,just published.
" Gabriel's Treatise is of importance to all requiring the
dentist's aid, and, ernanatinF from such a source, it may Le
confidently relied on. United Serrice Gazette.
" Thousands requiring artificial teeth are deterred from
consulting a dentist, fearing the anticipated cost or dread
of failure. To all such we say, peruse dabriel's treatise."
—Lied Serriee Gazette.
Published by Messrs. Gabriel (gratis on application, or
sent on receipt of three postage stamps), at their Establish-
ments,
FROM COUNTRY PATIENTS, ONE VISIT ONLY
REQUISITE FOR A SINGLE TOOTH OR COM-
PLETE SET.
PATENT WHITE ENAMEL CEMENT, the only per-
manent preparation for front teeth, which effectually
retains its colour (ss. per packet).
PREPARED WHITE GUTTA PERCHA, the best stop-
ping for Decayed Teeth or Toothache. This invaluable
stopping is placed in the cavity, when perfectly soft,
becomes hard as the tooth itself tea minutes after inser
Lion, and renders the decayed member sound and useful be
mastication. Is. 6d. per Box, or sent on receipt of 2
stamps.
The ROYAL TOOTH POWDER, Is.
from Box.
* The above preparations may be had any chemist
in the kingdom.

Stopping Decayed Teeth, Sealing, &e.

MESSRS. GABRIEL,
THE OLD ESTABLISHED DENTISTS,
IV" 134, DUKE-STREET, LIVERPOOL
W- 33, LUDGATE-HILL, ILONDON kir 110, REGENT-STREET,
Attendance daily from Ten to Six.