The Daily Times.
Liverpool, Merseyside, England, 1861-01-28 00:00:00

LAW. INTELLIGENCE.

VICE CHANCELLORS' COURTS.---FRIDAY.
(Before Sir W. Page Wood.)

Trr.'evart v. LisTEn.---fhis very important mercan-
' tile ease *at restarted to-day, and excited ccmfiderable
interest. It appeared that a firm, was engaged in large
mercantile transactions at lifoston; in Ametiea, ander the
style of "Enoch Train and o°,9' and that another firm
Vitas wtablfshed• at Liverpool under the stilt of Train
' th'id Co.; the latter , being, in fact, a sort of ageley
branch of the American firm, conducted by a gentleman
of the name of john Alfred' Marsh. In February,
1857, the American firm emPledecf the, plaintiffs,
MeiirS. Thayer Brothers, who are largel9 engaged
in financial transactions 'at' Boston, to sell or
discount bills to the amount of £B,OOO, drawn
by the Liverpool firm of "Train and Co! upon and
accepted by the firm of " Enoch Train and Co." at
Boston. Messrs. Thayer endorsed these bills, and ob-
tained for them, from another firm viz., Messrs.
MUlmonk Brothers & Co., the sum of £7,979 Os. 9d.
On the 18th of fetzttarr, 1857, Messrs. Enoch Train &
Co. became aware, news which had just before
arrived by the Europa, that Sable /kissitude had oc-
curred which would in all probability alive the suspen-
sion of their payments, and the head of the firm attbra-,
ingly wrote immediately to Mr. Marsh, his agent at
Liverpool, directing him to hold the remittance of
Z 7,979 Os. 9d. (which had been previously remitted to
him in respect of this transaction) to the credit of
neSsis. Thayer lot the payments of the bills endorsed
by theni. The bills, by way of remittance, came to
the Iran& of karsh on the 3rd of March, 1967,
when, instead of abefing thie direotions contained in
the letter of Messrs. Enoch Train and he handed
the securities to Mr. James Lister, the Manager
of the Liverpool Union Bank, alleging that the
latter had been previously promised by him that the
remittances which were expected by the mail in the
early part of March, 1857; should be handed to the bank
in respect fo precious transactions with the firm of
Train and Co:, Of Liverpool, It was now alleged,' on
the part of the plaintiffs, that the bunk at Liverpool,
through their agent (Mr. Lister), had fell lenawledge of
all the circumstances connected with the difettions sent
from America as, to the remittances in question. the
main point in the controversy was whether, under the
circumstances, the claim of the bank took priority.
llis Honour reserved his judgment.

COURT OF COMMON PLEAS.---Fitinty.

(Sittiqg in Panco, before Lord Chief justice Erie, and
jetsam& Traliams,lles, and Seating.)

THE MERSEY IYOCIE ANti ft ARVOITR bOARII V. CAMERON

AND OTHPII3.

This was an action. of replevin, in which the question
raised was the rateability of the Mersey Dock and Vat-
bour Board in respect of certain docks placed under
their management by various Acts of Parliament.
The docks in question were formerly under the manage-
ment and control of two bodies, the Birkenhead Dock
Company and the Birkenhead Dock Trustees, but
were now vested in the plaintiffs; and it had been
argued between the parties to state a special case for

the opinion of this court. The defendants contend that
an action of replevin does not lie in this case, and that
the question can only be raised in the usual course by
an appeal to the quarter sessions, and from thence to the
Court of Queen's Bench; and secondly, that the docks
in question were transferred to the Mersey Dock and
Harbour Board with all their liabilities, and that the
act so transferring them left them as they wereThefore
the transference with regard to their rate-ability to the
poor. The case. was of a very technical character, and
turned upon the construction of 'the local act of parlia-
ment which transferred the docks to the plaintiffs.
Sir F. Kelly, Mr. Quain, and Mr. Parker, were coun-
sel for the plaintiffs ; Mr. Mellish and Mr. C. Hutton
were counsel for the defendants.
The Court reserved judgment.

APPEAL AGAINST A DECISION OF THE
JUSTICES OF LIVERPOOL.
SCOTT v. 3eFA.RREN.

This was an appeal, in the Court of Queen's Bench,
on the. 22nd instant, against the decision of two justices
of Liverpool, who had convicted the appellant, 111‘Farren,

in the sum of £lOO and costa, under the Merchant
Shipping Act, for unlawfully detaining the CertWcate of
the registry of the vessel Helen.
• From the case stated by the justices, it appeared that,
in the month of June last, the respondent, Scott, pur-
chased the vessel in question of Mr. Robertson, of
Grangemouth, payment to be made by a six months'
bill, the vessel to be delivered to the respondent, with

le certificate of registry, for the purpose of navigation;
_ .

the vessel to be insured, but no bill of sale to be exe-
cuted until the bill arrived at maturity. This arrange-
ment appeared to be carried out. But, shortly afterwards,
Robertson retook possession of the vessel, and surrepti-
tiously obtained from the master the certificate of regis-
try, and handed it to AlTarren, who refused to deliver

it to the respondent on its being demanded, claiming to
hold it for Robertson, the 'registered owner. The
respondent then proceeded against M‘Farren before
the justices, and they being of opinion that Scott was
entitled to the certi4cate of registry, for the purpose of
navigating the vessel, notwithstanding Robertson was
the registered owner, and as the appellant still refused
to deliver it up, the justices convicted .him in the full
penalty of £lOO and costs, against which this appeal
was made.

Mr. Dowdcswell, (instructed by Messrs. Rogerson and

Ford, agents
,f or Mr. J. P. Harris, of this town,) in
support of the conviction, argued that under the Mer-
chant Shipping Act the certificate of registry was
not a document of title ; the sole object- for
which it was to be kept and made use of was
for the navigation of the vessel. That whoever had the
right tb navigate her was entitled to the certificate of
registry, and could in no way pledge or deposit or part
with it, and even if he did so, lie was entitled at once
to demand and recover it back. That this had been
decided in the recent case of Wiley v. Crawford, 29
Law journal, Q.B. 244, where the person who had
pledged it for an advance having demanded it back the
next day .withont payment of the loan had brought an
action, was, 'nevertheless, held entitled to recover it.
That in this case, although the strict legal ownership
might have continued in Robertson, yet the ship in the
interval of the bill becoming due was chartered and let
to the respondent, who was entitled to navigate and
was navigating her at the time. That a charter might
be verbal, and no written instrument was requisite for
letting a vessel,• Lidgett v. Williams, 4 Hare, 456; and
that accordina• to Campson v. Colville and the authoritipsl
cited in Abbott on shipping, the temporary legal interest"
was in the respondent. That this case was distinguishable
from 'Arkle v. Hewzell, 8 E. and B 828, because there
no reason had been assigned by the person for demand
ing the certificate from the captain, whereas here the
whole facts were known which were explained to the
appellant, and he had even at the hearing refused to
deliver it up.
The Court then called upon Mr. Deighton (instructed
by Messrs. Gregory and Co., as agents for Messrs.
Fletcher and Hull'of, this town) for the appellant, who
contended, upon an affidavit of the appellant and his
attorney, that this case ought to be remitted to the
Justices for a re-statement, but the court held that they'
could not allow the case, which was doubtless correctly
stated, to be impeached in the manner proposed. Mr.
Deighton contended that the appellant's detention of the
certificate was not without reasonable cause. That it had
been given him by the registered owner and he was bound
to re-deliver it to the person from whom he had received

it, and he was. not acting unreasonably in declining to
comply with a demand made by a person who produced
no authority to him for requiring its delivery, but simply
made an assertion of right and facts which he had no
means on the spot of testing. That with a person, in
the situation of life of the appellant, it would indeed be
hard to say that he must know the exact effect of *hat
had occurred, and he was not acting contumaciously
or unreasonably in following the directions of one in
whom alone, under the register, the certificate which
was the matter not dispUte, and which he held the legal,
right and property, was rested.
The Court, however, held that the certificate ought
to be used only for the navigation of the vessel, and the
magistrates, having found that the appellant was
cognizant of the facts,, and he having at the hearing,
when a locus pcnitentim was offered him, obstinately
shewn his determination not to give up the certificate,
and having identified himself with Robertson to hold it
for a lien, had been properly convicted, and could not
complain of the justices vindicating the law by inflicting
the full penalty.
Contiction affirmed, with costs.

TILE HORRIBLE CHILD MURDER IN NEWINGTON.—
On Friday night, Mr. Wm. Carter, the coroner for the
Eastern division of Surrey, resumed at the County Ter-
race Tavern, New Kent-road, the adjourned inquest re-
specting the circamstancas attending the death of a
female. child found shockingly mutilated in Trinity
Churchyard, Newington. It will be remembered that
the child was found by Simmonds, one of the Royal
Society:6 fire-escape conductors, whilst going to place
his escape in the churchyard after he came off 'duty.
The entrails were cut through. There was also a cut
on the left side through the base of the skull, which ex-
tended through the left eye. No fresh evidence was
offered, except that of Dr. Marsh, who said the child
was of very recent birth, and had died from the wounds
inflicted on it. Some conversation took place respecting
an application to government to offer a reward, but it
led to no result. The coroner said that everything had
been done by the police authorities to find out the per-
petrators of the crime, but without avail. The jury,
after consulting, returned a verdict of " lti ilful Murder"
against some person or persons unknown.

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headache, despondency, cramp, spasms, sinking, fits, birhi-
tis; also children's complaints. Accompanied wi,h nun rous
successful cures which had resisted all medical treatment and
been abandoned as needless.

THE LATE DESTITUTION IN THE

METROPOLIS.

. .
1/I.t.i be Mansion-house on 'Friday, the LA Mayor
made the gratifying anuouneement,:th4 owing to the.
change of weather, there was a• general resumption of
work, and. consequently the necessity for the extraor-
dinary efforts and' organisation for the telief of distress
had Vassed away. His Lordship took occasion at the
ittne time to return his thanks to the benevolent
persons who had, by placing so much. money at his ,
disposal, enabled him to mitigate the sufferings of the
unemployed. Muck commendation was also bestowed
on all those Connected With the court who had devoted
so much 'of their time and energy in carrying out the
requisite measures for meeting ttic emergency..

THE • LATE APPALLING .ACCIDENT AT
ST. VINCENTh ROCKS, BRISTOL;

The police have, after considerable trouble, been
successfnl in discovering who the unfortunate man was
who met his death on Thursday last by falling from the
summit of the Lion's Head Cliff, the loftiest of the range
of St. Vincent's Rocks, under the circumstances already
detailed. The ill-fated man turns out to be William
Edward Blanning, aged about fifty years, who carried on
MO' tttslaosa of a boot and shoe maker at No. 4, Narrow
Wine-strect; St: Peter's, Bristol.

On Friday at elven o'clock the city coroner, J. B.
Grindon, Esq., held an inquest on the body at the
General Draper Tavern, Hotivelig. The jury having
been briefly addressed by the learned officer, proceeded
to view the body, the shockingly mutilated appearance
of nhiall, especially about the head and face, caused a
thrill of horror to run through them..
Maria,Bldnning, 'widow of the deceased, John Dun-
kingfori (a friend of. his), Oliver Owen and the,other
boy who fatind the body, and policemen Wm. &Web
110, and John Wilkins,.l2r, were eumined.
It appeared from the statement of the constables, who
had examined the spot where the catastrophe occurred,
that the deceased must have caught by the heel as he
descended, as one of his boots—of which the body was
minus when found—was discovered wedged into a cleft
in the rock. The disordered 'state of his trousers, no-
ticed on Thursday, was also clearly caused by his strik-
ing against the cliff, as his trousers were not unfastened
from the buttons? but had been forcibly tornusunder.
It was proved that poor Planning had been ill, and in a
very low state for a fortnight before, although not so
bad as to. lead to the conclusion that he committed
suicide.

The jury returned an open verdict of " Died by a fall
from St. Vincent's Rocks."

TRADE AND MONEY.

Ever since the announcement of the difficulties of
Messrs. Francis Ede, gm, & Ce., who lave suspended,
with engagements for upwards of £900,000, it was felt
that a sort of panic would run through the Greek in-
terest, which it was known must reach a culminating
point, and that was experienced on Saturday. With
houses in the situation of Messrs. Francis Ede & Co., and
Messrs. C. W. Ede & Co., although showing favourable
assets, the amount of paper in circulation was certain to
be large, and the suspension of Messrs. L. Rodocanachi
and Co. only showed that the native firms must, to an
extent, be• involved. Painful as is the excitement
entailed by this state of affairs, and paralysing as
the effects' have been, the events of this after-
noon, though generally anticipated, indicate that almost
the worst has passed. Three houses to-day in London,
viz.: G. C. Salvage, S. P. Zizinias, and D. Navone,
have been compelled to return their bills, not being able
to meet them in consequence of the want of confidence
exhibited. The liabilities will not, in any of these cases,
exceed £50,000, and ranking comparatively in a subordi-
nate position, it is not supposed much further mischief
will be encountered. The failures this afternoon did not
occasion so deep a sensation as was calculated when
Francis Ede, Son, and Co. stopped, and the determina-
tion-of Messrs. L. Rodocanachi and Messrs. C: W. Ede
to adjust their engagements, rendered the publie less
susceptible, owing to additional disasters being looked
for. Two establishments with engagements of minor
consideration at Manchester, have also been placed in
embarrassment, and it was stated telegrams were re-
ceived of actual stoppage, but doubts were experienced
of the entire authenticity of the circumstances, and it
might, therefore, be imprudent to give names.
The position of the Money Market has not experienced
much alteration in connection with discount transactions,
notwithstanding the failures in the Turkish and Greek
interests, and the consequent distrust occasioned in some
quarters. Still,. however, there has been good employ-
ment 'for capital 'at full and remunerative rates, the
terms being, with few exception's, quite up to those
current at the Bank of England, and, in some cases,
even at tither advance for general descriptions of paper.
An influx of gold from Constantinople and the Mediter-
ranean is expected to assist some of the Greek establish-
ments, and thus some little relief may be experienced.
With respect, however; to supplies from .Australia, they
arc not likely to be heavy; and since the three millions
withdrawn ou American account must in a measure
have been absorbed in payment of cotton, grain, and
stocks, no large proportion can be immediately expected
to return.

On Saturday afternoon the reports concerning the
appearance of the Indian loan of £3,000,000 this day
were not very preciic. From time to time there have
been rumours of its supposed amount, together with the
terms upon•which it will offered, but nothing in official
form has transpired. The increase of the former Indian
loan of £5,000,000 to £8,000,000, by the conversion of
Indian Bonds and Debentures, has created some con-
sternation, the policy of the proceeding, without due
announcement, having been strongly questioned.
The anxiety occasioned by the suspensions in the mer- '
cantile world, especially with the Greek trade, have in-
duced a feeling of caution in most departments of busi-
ness, and exports to the East will now be considerably
diminished, while the American difficulty has checked
trade in other directions. The late shipments of specie
to New York show that the Exchange is not now ruling
at a point to encourage large transactions, and hence ,
the sovereigns taken from the Liverpool branch of the
Bank of England have been more restricted during the
last.week than at any former period since November,
when those operations commenced.
The state of business in the English Funds has been'
influenced this week by two causes—first, the occurrence
of mercantile suspensions, and, secondly, the rumour of
a new Indian loan. These events df themselves have
been sufficient to create fluctuation ; but, after all,
looking to,the extent.of the change, the quotations have
been tolerably well supported. The business, specula-
tive to a certain extent, has caused partial heaviness,
but immediately a decline has been apparent purchases
on behalf of the public have been effected, which have
caused a rebound. Steady confidence is expressed in
affairs ultimately righting themselves, and, although
the American question yet remains to be solved, and
the efflux of gold has not yet been wholly averted, the
state of trade shows that no serious dangers arc to be
apprehended. The value of money at the Stock Ex-
change has been well supported at from 5 to 6 per cent.,
and through the demand out of doors the terms are par-
tially increasing, notwithstanding the supply would in
ordinary periods be equal to the requirements connected
with the several departments.-LObserver.

Mr. James AndersOn (chairman), Mr. Geo. Frederick
Young (deputy chairman), Messrs. Wm. Phillipps, Fre-,
deric Somes, W. H. Tindall, Clifford Wigram, George
Marshall, A. G. Robinson, and Wm. Bonar (secretary),
a deputation front the General Shipowners' Society, on
the subjects of reciprocity and belligerent rights, had an
interview with Lerd John Russell at the Foreign-office,
on Saturday.
LORD BROUGHAM AND THE BIRMINGHAM CON,
FERENOE.—The followin,, letter was received by Mr. M.
D. Hill too late to
,be read at the meeting on Wednes-
day :—" Cannes (Var.), Jan. 19.—My dear IEII,-1
have again to express my regret at not being able to
attend the conference. You may well believe how deep
an interest rhave in it. There wants some such thing
to give one 'comfort in these times, when such untoward
events are, it. is tobe feared, in progress. The difficulties
unhappily • interposed by various causes (some of a kind
not easily removed) to the settlement of Italy under a
constitutional government, freeing her from the worst
tyranny of modern flutes., and above all, the alarm felt
by all the friends of human improvement at the risk of
disunion in America, are naturally uppermost at the
present time. How much it is to be wished that the
contending parties in both Italy and America would take
a leaf out of our books, and learn the wisdom as well as
virtue of compromise and niutual concession ? Our
constitution is the genuine result of this wisdom. I
heartily wish success to the conference, and believe me,
sincerely yours, 11. BROUGHAM."
THE FINANCIAL BUSINESS OF THE COUNTRY AND
THE PRESENT .GOVERISSIENT.—The manner in which
the financial business of the country is now conducted is
open to very grave and serious objection. Mr. Glad-
stone is considered to have made many mistakes in con-
nection with his fiscal and, other alterations ; but then it
was supposed that these ensued from mid were encou-
raged by, party tactics. Sir Charles Wood and his col-
leagues at the India Council have, however, gone far
beyond this, and, if it be true as stated, have adopted a
proceeding nearly similar to one which has already been
censured by the House of Commons, and the repetition.
of which should be most strongly reprobated. The as-
sertion is, that the last £5,000,000 Indian loan has been
increased to £3,079,000 by the conversion of India De-
hmtures and Bonds, the act passed at the' Utile ~iving
the Council authority to effect such a change: Great
indignation has been expressed at this arrange-
ment,..hecause,. • although the act may have accorded
the power, all the fundings of Eichequer Bills, or at
least the majority, have been carried out in a straight-
forward way, the public being called upon to tender' for
the conversion in the regular form. ' In this case it is
alleged,!for reasons best known to those in authority,
one firm in the Stock Exchange have been entrusted
with the operation, and the holders of the 15,000,000
originally -contracted fur have seen their security de-
pressed, and. in several instances have sacrificed their
stock because they could not account for the low price
to which it Was gradually descending. Transactions of
this description will not, it is thought, assist the intro-
duction of the ,new loan about to be brought forward,
and .nothing can be morn damaging to its success than
this inopportune clisedery ; the former £5,000,000_
_
haying thus been_ increased to the extcutiof upwards of
3,000,000.-liferakl.