The Daily Times.
Liverpool, Merseyside, England, 1861-01-05 00:00:00

THE DIOCESE OF MAURITIUS:

A meeting was held in the Hdpe-hall, Hope-street;
last night, with a view to calling attention to the exist.
ing wants of this important diocese. The chair
was occupied by the Rev. Rector Campbell. There was
a large number of persons present in the body of the
hall.

The CHAimiAN, in introdtieing the subject for which
the meeting was conVened, said that the peculiar clairtlS
of this mission hold make thediselieS apparent to every
reflecting
The Bishop of Atinarrttrs then Ose, gutigate qii in-
teresting account of the Operdtions of the mission in the
distant island which fdirnS his (Hoe*. He said that
there was one congregation ot people ii Port
Louis, the chief town of the island of Mauritius, by
whose efforts the mission had been placed in the position
which it now ocedpied, It Was chiefly to proyide for
the spiritual wants of the st-Zilt-ire that the,', were so very
anxious to have collections made in behalf of the diocese.
For the accommodation of the sailors they had now estab-
lished a Sailors' Home in Port Louis. He impressed on
the:audience the necessity ofsupporting the missionaryasso-
ciations going on in the Mauritus and other British foreign
Possessions. 14 said that a niiniber of the Indians actl
others in the Island of Matiritids had been cen+etted to
the Protestant religion, hilt Ohtiraacs and sehdoli were
nitieh needed fdr them ; and it vas to provide this great
desifleratilin that the speaker hd come to England, and
he hOped that the necessary Rinds woifid he raised. In
concluding a lengthened and eloquent discourse, the
rev. prelate hoped that every one who felt disposed to
help the good cause would do so with a liberal and
magnanimous spirit.

The meeting was then addressed from the side-gallery
by a working man, whose name we aid not obtain, who
said that he had been to the Island of Mauritius, and
had witnessed the good effects produced by the missionary
labours of the respected prelate who had addressed them
that evening, and the eiceniplaiy band of cieromezi who
aSsiSted hint in spreading gospel truth in this henighted

The Rev. Canon 14PNEILE then rose, and w' as teceiVed
with loud applause. He said,—Not as a matter of form,
not in compliance with a custom, however honoured,
but as a warm expression of brotherly kindness and
Christian admiration I propose a vote of thanks from
this meeting to the Bishop of Mattritins. (Cheers.)
tod hafe had a spetinien; f staB gOilig id say 6f
ishinaty Meeting; but I mat gal- of a hittiself;
You haire hdd a real missionary befbre Yon—zgeographi-
cal deseription of tiodntry; disbriminafing de.§6lpiiong of
character; touching anecdotes, hiendkd the simplest
Christian instruction: All the real elements of the

irripditariCe; and difficulties; and enddrance of missionary
enterprise, haie been M the most animated
colours before you this evening, that it has be 63 my Fit
iu for many a day. (Applause.) And now, Mr.
Chairman, I think I should be inflicting a penance
—and, mind you, I am not fond of penances—.
(laughter)---instead of conferring a benefit, if I were
at this late hair, and on such an evening as this,
to proldtt this Meeting by Making a speech. But
while listening td the elteellerft observations that we
hare just liedttl ffOrri out friendi tht b'ish'op; another
testinionY—and they Conte from all quarters was been
added to that he hai laid before its. Bat as I IVaS say-
ing, I was strut( With the remarkable fact While
listening to these observations. Hear What you Will of
missionary labours—hear what you will of missionary
difficulties—explore where you will in missionary history
—you find everywhere that everlasting, damnable, and
corrupting mischief of Popery before you, interfering
everywhere with the gospel of Christ—(hear, hear),—
snatching away, as you have heard to-night, blessed and
life:giting !looks from the poor negroes. Is it not
marvellous is there not a raging and eternal
controversy between that syitem=that vile system
—and Heaven itself. Must not th'e. 'Math' of
God fall upon a system organised and &hied
out with such pertinacity and perseverance alt the
world over, against the truth of God, as revealed in his
dear and divine Son. It is most remarkable. It was

not in any controversial spirit the thing was touched—
it came from the reverend bishop in the matter of
narrative, but the fidelity of the historian and truthful

narration, compelled him to exhibit the black features
of Antichrist. (Hear, and loud applause.) Such is
the spirit of Popery ; it must always work out its
hideous, vile, and hateful practices against the gospel
of God. The learned axd talented divine then went on

to say, that the acts of the apostles were not yet con-
cluded—he knew that the inpired writings which we
called by that name had been concluded many years
ago --=but acts bearing the apostolic stamp upon them,
such as had been described and performed by the gifted
prelate Chi had addressed them that night, were truly
apostolic; and had not yet been concluded. He finished
his speech by proposing a vote of thanks to the Bishop of
Mauritius, which was seconded by Mr. Ward, and
carried unanimously.
The CHAIRMAN, in puffing the motion to the
meeting, took occasion to remark that he very seldom
touched on Canon M'Neile's favourite subject—that of
Popery—as he knew it was left in far abler hands while
the Canon had to do With it,—Jaughter,)—but

still he could not refrain from bearing his testimony
to the baneful influence of that system in a case which
had come under his own personal knowledge, where a
Roman Catholic priest ordered a number of poor Irish

emigrants to thro;v into the sea bibles and other books
that had been given to them by some piously-disposed

person

Mr. CouncilloriSTßAfxs, in proposing a vote of thanks
to the rev. chairman, said that he had collected £l3O

for the missionary work in Mauritius, independent of
the donations that had been given in that evening, and
within the last six years £1,103 had been subscribed for
the same purpose, but it was all applied to the good
object for which it was given. . _

The vote of thanks to the Chairman was caned with
acclamation, after which the proceedings closed with
the episcopal benediction from the Bishop of ➢tauritius.
We were informed at the door of the hall when
coming out that several persons' pockets had been picked
by some disreputable parties who had gained entrance
to the meeting.

THE DAILY TIMES, SATURDAY, JAIcITARY 5, 1861.

_ES_EItpAY.
COUNTY COURT V
(Before Mr. W..A.'Huvtoisr.)
lettitiN & Ed: 0. Ram--This was an.action brought
to recover the sum of -..t,17 10s. 61:11 for damage to
sacks •of flour, ex Atalanta, frefit Ilbrdectx.. Mr,
Deighton appeared for the plaintiff, and Mi. Martin'
for the defence. The case was tried on the 21st ultini6i
ried kiAginent reserved. Yesterday judgment was given
as follows try MT. W. A. Hulton :—The facts of this
case, which I reseffed from my last court, are in a
narrow compass. The defer lit,' the master of the
ship Atalanta, by his bill of lading ackievreciged-that
he had received 500 sacks of flour dry and in gebti
eondition, and he promised in effect duly to deliver the
gal* at. Liverpool, the perils of the sea being excepted.
Thoi bill of Whig wits endorsed over to the plaintiffs,
and they; relying Oil the defendant's representation,
paid the Mt /Rae of ,the cargo'. On the arrival of the
Atalanta in ILidefle/(4 it vies fou'dd that a Contidcrable
part of the .flour was in a had enittliam, and the maim!
•
brought to recover ComPensatioff fo'f size inktry.
On the hearing the. defendant asserted that the goods
were in good t-endAion when Slipped, and atteMpted to
prove that the damage had been occasioned by the
perils of the sea. But he failed in this/anti the evidence'
of Mr.„Cunliff showed that so far from that being the
vise, the flour had been injured previously to its shfp.
P theta, .The question therefore is, whether the defendant
is liable Wei these circumstances ? The case of
" Gadsden v. M'Lean,l' 6.11,,180, was strongly relied
on to show that he was not lialife,'Fnieso was proved
that he made the representation with a full' knowledge
of its falsehood. I do not think, however, that Aid'
ease can be considered as a judicial determination to
tit t elfteut, The defendant had on the plaintiff's
affidatfl teen attested, and held to bail under a
Judge's order and on a motion to set aside the
mini: and to &nag the frail band the court said—
co4rirki it opinion that the affidatit on which
the adef
,fOr the capiai issied doeg not disciote any
good cause of action:* The groild of the Mimi it said
to be fraud, but to constitute lila A Would lie rtecessart
to show that the master had knowledge of the ieriWustid
state of the oats when they were shipped. All that the'
stfildavit states in support of that charge is a conversation
into thonaster seeins.to have been not very fairly
entrapped. Upon .the, Whole we think that remedy
enough will be given to thT Merida& by ordering the
bail bond to be delivered up to be eateelted without
costs." Undoubtedly, many of the facts in th'a't case,
as stated in the plaintiff's affidavit, are very great to
those in the case before me, and if that case would be
donsidefed as an apress,judicial determination that no
action eJi±ld 10 Maintained under the circumstances as
stated, I shoat of Ottfo, hate held myself bound by
it: Mit I thkrik'that ttee atttithlt, the decision of the
coiitt tan Only, apidx Whenthac*iii is htuitglit efpressly
for a fraudulent mliiie,P4eSentation,. and; in stA air
action, perhaps, according id trie regent decision' the
plaintiffs could only recover by slintfing tlYat the de-
fendant had been guilty of moral as well as legal'
But I think that the practical inconvenience of such
doctrine, as applied to these commercial documents, is so
Manifest and extreme, that it ought not to be extended
to anothet action in which the question of fraud does
net direofty, arise'. And s*loh in my opinion is
t'h'e cafe liefdre lii of/ea, it is an action for
rWdf. deVieileg &drab* to Centred: The first step
in such an itetitfrf erg?? to' aseertain What the. eon.
tral was. The defen' ,iepireiielifi by the bill of
lading that he has. received goods of d certain 4dalifyi
and in, effect promises to deliver such goods with rem;
iditt ofeeption,.. Now, is the defendant Wind' by such
represetaciffen ft nlitY IA ptemised that he signed the
bill of lading in bin dial dente, and that no attempt was
made at the hearing to shift NY feettoirkbility,lf such
existed, on to any other named person.. I tlitaki there-
fore, that on principle the defendant is boana. Ido
not stop to consider whether he is so bound by the
recent act on bills of lading, 18 and 19 Victoria, cap. 111,
and whether the third section of that act applies as well
to the quality as to the quantity if the shipment. I
hold him bound on grounds apart from any statutory
tegulation, The defendant had peculiar means of ascer-
taining the condition of the cargo, and it was his duty
to state' that dodditiod Will f. Ile must be presumed to
haye knovin that the fepfese'nfatictri Would be communi-
cated , to those who had no' meant' in themselves of
kneWledge, and who Would act upon Ms representation.
He might have guarded himself by a limited signature,
but he signed the bill Witliont any reservation. This
representation was acted tip* and the plaintiff was
induced thereby to alter hiS petition; and to make a
payment which he otherwise would riot have made ;
and on these grounds I hold him bound. Then the
defendant being so bound, and it being clear that the
flour was injured when it arrived in Liverpool, I think
that the only defence open to the defendant was to show
that the injury came within the exception—viz., that it
was occasioned by the peril of the sea, and that the
question having been disposed of by the evidence of Mr.
Cunliff, I hold the defendant liable. As to the damage,
I adopt Mr. Cunlifi's estimate, and find a verdict for
27 10s. lid.

COURT OF PASSAGE.-YESTERDAY.

(Before E. JAMES, Esq., Assessor)
A BEERHOUSE TRANSACTION.

GUNNARD V. BANNRS.—This was an action to recover
£5 deposit on a non-fulfilled contract. It appeared
that on the Ist of November the plaintiff had agreed to
take a beerhouse in Titchfield-street from the defendant.
The house was to be re-papered, and it was to be entered
upon within a reasonable time. According to the state-
ment of the plaintiff, on the 11th the repairs were not
done. He went to seek the defendant on the 14th,
ready to pay the money and enter forthwith ; but the
defendant alleged that the agreement specified that be
should have entered before, that all the repairs had been
completed on the Bth, and as he had violated the agree-
ment he had let the house, and the £5 deposit which
had been paid had been forfeited. Mr. Deighton
appeared for the plaintiff, and Mr. Aspinall for the
defendant. The jury returned a verdict for the plain-
tiff, damages £5.