The Daily Times.
Liverpool, Merseyside, England, 1860-04-11 00:00:00

COURT OF PASSAGE.

(Before EDWARD JAMES, Esq., Assessor.)

CARPENTER V. WATSON.—The plaintiff in this case
was a boarding-house keeper in Charlotte-place, Salt-
house-lane ; and the defendant a shoemaker in this town.
The action was brought to recover the sum of 112 7s. 9d.;
as commission on goods supplied to sailors whom the
plaintiff had introduced to the defendant. The defendant
pleaded as a set-off that the accounts between himself
and the plaintiff had been settled up to July, 1858.
The jury allowed the set-off; and found a verdict for
the plaintiff for £5 7s. 6d., the balance of the account.
TURNER AND ANOTHER. V. VINE.—In this case the
plaintiffs were the assignees of the property of a gentle-
man named Titherington, who formerly carried on
businesa as a spirit merchant in this town. In the
baginning of 1858 Mr. Titherington became involved in
pecuniary embarrassments to such an extent that he
found it necessary to employ the defendant, who is an
accountant, to examine his books. In the course of this
examination the defendant must have been aware that
Mr. Titherington was insolvent, but notwithstanding
his knowledge of this fact he had received from the
insolvent four jars of spirits, which the assignees had
never since been able to recover. Mr. Aspinall and Mr.
Brett appeared for the plaintiffs, and Mr. Temple con-
ducted the defence. The first charge which the learned
counsel for the plaintiffs endeavoured to prove was that
there had been an illegal preference given to the
'defendant, and he should therefore have returned the
spirits. Mr. Temple' objected to this proceeding of
the plaintiffs' counsel ; the objection being allowed,
Mr. Aspinall proceeded with his' case on the
ground of a conversion or appropriation of
a security. The facts of the case were briefly these::—
Mr. Titherington being indebted to the defendant for
some professional services, sent to him, as security, four
jars of spirits. These spirits were broken into, and
from two to three gallons consumed by the defendant's
family. The main point in the case was, whether the
spirits were sent as a security which was to be returned
when payment was made, or as a part payment of the
debt. In the latter case, as the learned assessor ex-
plained to the jury, the plaintiff could not sustain his
action.; but, if the former view of the case was taken

the question would be, what was the amount and value
of the spirits abstracted. The jury, after a short con-
sultation, found a verdict for the defendant.

JORDAN v. HILLIER.—This was an action, brought
by the plaintiff, to recover the sum of £l3 10s, which
he, as the defendant's surety, had been compelled to
pay to a loan company. The action was undefended,
and the jury returned a verdict for the plaintiff.
FENNELY 4'. TOBIN.—This was a claim for the sum
of £l7l, alleged to be due to the plaintiff for boarding,
clothing, &c. Mr. Brett appeared for the plaintiff,
and Mr. Aspinall for the defendant. It appeared that
at the beginning of the year 1850• the defendant, who
was mother-in-law to the plaintiff's wife, called upon
him, and finally settled herself at his house, where she
remained for about five years. During this time the
defendant left plaintiff's house once or twice to travel by
rail, and on such occasions her fare was paid. For the
defendant it was pleaded that she had fully earned her
board and lodging by working for the emigrants ; and
in proof of this story the defendant was called, and she
said that during her residence at the plaintiff's house
she was constantly employed in mending the clothes of
his boarders. It was also further contended, on behalf
of the defendant, that there was no evidence of any
agreement to pay the plaintiff for his board and lodging.
The jury, after some deliberation, found for the defendant.

ACTION FOR ASiAULT.—SPOONER t. SIMPSON.—III
this case the plaintiff, William Spooner, sought com-
pensation for a number of injuries *hibh the defendant
had inflicted upon him in thatgentleman'spublic-house.

It appears that in consequence of an advertisement
which appeared in the local papers, the plaintiff, who
is owner of
.the Ship Inn, went to the defendant's house,
and had a conversation'respecting the sale of the adver-

tised house. In the course of their interview they fell
out, and, the plaintiff says, defendant struck him in
such a way that one of teeth was shivered to atoms, his
eyes turned conipletely black, and even his nose did not
escape uninjured, for that prominent feature was slit
up in a plurality of directions, which bore incontro-
vertible testimony to the strength of the assailant. The
plaintiff further stated that after receiving all these
insults he was brutally kicked by defendant. Upon
further investigation, however,, it turned out that the
case was one in which each party was to a great extent
blameable, and the jury accordingly found for the
plaintiff; damages one farthing.—Mr. Littler was for
the plaintiff, and Mr. TemPle for the defendant.

PROPOSED NEW PUBLIC OFFICES.

PROTEST FROM TOXTETH-PARK.

A public meeting of the ratepayers of Toxteth-park
was held yesterday forenoon, at the Public-office, Park-
place, for the purpose of memorialising the Towu
Council against the erection -of the Publle,oftices, in
Dale-street, as proposed by the Health Committee • •
requesting that the long prataised improv. , and
,Park-lane might be carried out. lir. 1— 'mutts in
' sided; and amongst the rateps-Alexander Miller "
Hughes, J ' "J. J.
Siddo . .a. S. Alpass pre-
. B. Hughes, John Wilson, A. Pickup, S.
_key, T. S. Higginson, T. Rogers, Scourileld,
Councillor James Robertson, &c., &c.
R. James, jog. Jones, "Gold.Hr_.oaydrerr.:
jsopn,rejse
jnostsmewpieht:l3l
jrfiaelssmsrsoens:
Mr. JOSEPIi HARRISON,a in introducing the subject,
said he had stated to the Vestry that the enormous
amount of £300,000 was to be borrowed by the Corpo-
ration for the new Public Offices and improvements ;
, and be was informed that, in addition to this, any sur-
plus which might be derived from the Corporation for
the next ten or a dozen years would be devoted to the
same purpose. He considered the proposal a great hard-
ship to the Park, which would not be benefitted one
farthing. He objected to the removal of the Public
Offices from Cornwallis-street; and he thought it unrea-
sonable that they should be called upon to pay so large a
sum for the petty convenience of some members of the
Health Committee. (Hear, hear.) He would not
object to improvements in Liverpool; but they must
recollect that every low house which was pulled down
in Liverpool increased pauperism in the out-townships.
(Hear, hear.) Now, he could recollect the time when
the local rates only amounted to ls., but they had now
got up to 6s. He complained that the Council had not
proceeded with .the improvements in Park-lane when
they had the power. (A Voice : They had the power
thirty years ago.) If they ought to pay anything at all
to the rates, they ought to have a share of the good
things that were going; They seemed in Toxteth-park
to be isolated, and left alone with nobody to care for them.
If their representatives really did their duty they should
hear something of it. (Hear, hear.) Mr. Graves, one
of the members for. Pitt-street Ward, had acted in the
matter of the improvement of Park-lane most zealously;
he had never relaxed in his efforts, and he hoped to
succeed in stopping any extravagant expenditure, and to
see that Toxteth-park had its share of improvements.
Mr. Harrison concluded by moving that a memorial be
sent to the Council against the erection of the public
offices in Dale-street, and in favour of proceeding with
the improvements in Park-lane.
Mr, HUGHES seconded the motion. The progressive
taxatibn of the Health Committee had, he thought,
reached its climax, and Toxteth Park should protest
against it.. (Hear, hear.); How. was it they should be
called upon to bear the cost of improvements in Dale-
street, when the rates In Liverpool proper were only
is 8d as against 2s 8d for sanitary purposes in the Park ?
It was time that a stand was made. He thought the
out-townships in general ought to be up and doing. They
had looked too much to the politics of their representa-
tives in times past ; but in future they should vote -for
those who would keep down expenditure. dk

The CHAIRMAN wished to remind the meeting that
the Town Council had referred the plans of the Public
Offices to a committee, to see if they could not be
reduced ; and, after full discussion, the Council had
decided that it was expedient to remove the Public
Offices from Cornwallis-street. With regard to the
widening of Park-lane, that was a matter which ought
to have been done years ago.

Mr. ALEXANDER MILLER said, on behalf of my
brother overseers and self, being in the position of trus-
tees for the rate-payers, of this township, and further,
being deputed by the Toxteth-park Local and General
Improvement Association, of which I am president, I
enter my protest with those gentlemen who signed the
requisition for convening this meeting, against the
extravagant and unnecessary expenditure of public
money which is proposed to be laid out In the form of
erecting large and commodious offices with splendid
capacious apartments for the better accommodation of a
few well-paid servants and inert councillors, who consi-
der it too much to fide, not walk, from Cornwallis-street
to the Town-hall, or from the Town-hall to Cornwallis-
street,,though these same councillors, were we to meet
them at the expiration of their term of office, or on the
day of election, I'll venture to say they would be ready
to tear off the rims of their hats in courteously saluting
you, and would not object; if required, walking like.
pilgrims* any distance—nay, more, without their shoes
and staff—providing they could obtain a seat in the
Council Chamber. I need 'not remind you of the
plebeian garrulous twaddle and nonsense uttered by some
of these gentlemen, more particularly when contrasted
with the solid good sense displayed by others whose
ability and sound judgment has raised them to the high
position they hold in public estimation. I need not remind
you of the audacious assurance of one gentleman who
has made the most of his position in both the Town
Council and on the Health Committee in connection
with jerry builders, and who now wishes to strengthen
his position and. the .jerrys by currying favour with
the Head Constable, and in order to do it the more
effectually, he positively proposed to raise the stipend of
the worthy beadle before he intimated that he was the
least dissatisfied with the salary he was receiving. Surely
the apathetic owners of property, and rate-payers gene-
rally, will rouse themselves ,from their torpid stupor,
and throwing politics to the wind, exert their utmost
endeavour'to stem the tide which. has already swept
away to a fearful extent the hard earnings of the inha-