The Express.
London, England, 1863-12-15 00:00:00

NAVAL AND MILITARY.

ADIGRALIT, DPP. 14. —APPOINTMENTR—COM-
Iouden J. EF. 'Risk, to the Chanticleer. vim Stirling,
gremoted ; T. IL Joao% to the Chameleon, vice Hardioge,
promaed ; A. C. F. Homage, to the Lily, vice Harvey, pro-
moted ; C. G. Lindsay, to the Zebra, vice Hoskins, pro-
moted.

Neal Cadets (nominated) William Colvin V. Baker and
I►f D. Law. . .

Chief Engineer L Carlisle, to the Orestes.
Itagineer H. W. Trestle" lets of Algeria., confirmed.

THE LANCASHIRE DISTRESS.

CENTRAL BELIEF

The weekly meeting of the Central Exec-nth e
oAll Buttes was held at the Town-ban, nominator, yeater-
. The Earl of DERRT presided ; and among the other
ae linen and gentlemen present ware—Sir J. Kay-Shuttle.
worth, But. Lord Egerton of Tattoo, Lord Edward How-
ard, N.Y., Colonel Wilson Patton, IL P., Meows. A. H.
Heywood. It. Gladstone, H. Mason, & J. Sten, G. L. Ank-
sortia, T. Ashtou. W. Rathbone, Jon., H. B. Fornall, W.
nelsorts, J. Gooier, J. Fenton, J. %Worrell, It. Hutchineoe,
mei the Mayor of Manchester. Mr. Rawhosos was also is
attendance.

llacLouit, the boa. secretary, reported that 2,2671.
lls 7d. had been received during the put week, and that
Ow balance in tLe bank wu 232,8171. Is. 4d.
The noble Cuante.tr read the following further letter
which he had received from Sir George Grey, the Home
reference to a subject before the committee
rese=,, in
sad the consideration of which was then deferred
till the present meeting :
Home-office, Dec. 9, lB63.—Dear Lord Derby, With
reference to my letter of the 4th inst., I DOW have to in-
form y•o that I have received a letter from the secretary te
elks Public Works Loss Oommissiosera, acquainting me that
abs law efikers of the crown have advised the commis-
sissors that, under the Public Works Act, 1863, a local
aathority ma give a valid security by one deed for the first
inslalment of a loan, and for further advances to be subs.-
qaently made under the orders of the Poor Law Board.
Time securities for all loaus from this time forward made
oder the set will be prepared accordingly ; and ea the corn-
niiisioorrs Had that they bare been in error in requiring a
aspirate security for each advance, they will repay to the
borrowers all the charges they have received under an erro-
neous coristroistim of the act of parliament and the Orden
ef the Poor Law Board.—l have the tumour to be, my dear
UM, very faithfully, 0. Gait —The Earl of Derby, KG."
After a lengthy discussion the following resolution was
passed on the motion of Wesel WILSON Pewits, M.P. ;
seseaded by Lord Eozaror :•• That the chairman be re-
quested to thank Sir Geo. Grey for his prompt attention to
• representations made to him by this committee, to ee-
rier to him the opinion of the committee that the expla-
settees of the alleged delay oa the part of public depart-
ments in carrying out the Public Works Act is generally
satisfactory, to thank him for what has been done with re-
gard to law charges for secood mortgages, and to express a
bops that the government will reconsider the subject of law
ellumes for Bret mortgages, which, from returns made to
this committee, appear to be lug* on the amount of small
base

The Tnessuitrit reported the receipt of 2,125/. 9s. ld.
Inn Dundee, being the balance of the amount raiaad in that
place. (This sum a included in the secretary's statement.)
Iffy. Commissioner FARNALL presented his weekly report,
whisk was as follows :—" 1 beg to inform you that or. the
Ilk hist there was au increase in the number of persons re. '
WM( parochial relief in 27 unions in the cotton maau-
butanes districts, as conspired with the number se relieved
in the previous week, of tal. This increase of 228 fa
explained u follows : There is an increase at Blackburn of
116, at Bolton of 28. at Burnley of 109, at Bury of 167, at
Charley of et, at Chorltoe of 15, at Clitheroe of 15, at
Basliogden of 92. at Lonesster of 4, at Leigh of 8, at Man-
abetter of 309, at Pivotal of 122, at Rochdale of 255, at
fladdleworth of 33, at Salford of 101. at Tod-
warden of 27, and at Warrington of 29; maim I
a vital increaseof 1,444. But thou andantes at Ashtee-
ender•Lyne of 513, at Bartoempoo-Irwell of 18, at the
Pylits of 13, it Garotteg of 11. at Clomp of 96, at Mac-
slisteld of 89,st Prestwich of 99, at Stockport of 288, and
at Wigan of 89; making a total decrease of 1,216, so
that there ia a net Moreau of 228 ; but minim the 6th of
December, 1862, • total decrease of 143,050 has tame place.
Then sem on the sth iwt, 1*933 perinea receiving
puvehial relief in the 27 01)10011 adverted to ; ie the corm.
pending week of 1861, 57,536 persons were so relieved.
Those io, theorems, an messes of 71,398 penises is receipt
al parochial relief. or 124.1 per cent. In the correspooding
week in 1862, 271.963 persons received parochial relief.
The total oat of outdoor relief on the sth instant waa
7186/. 9s. 2d. ; in the corresponding week of 1861 it was
2.852/. 13s. 3d. There is, therefore, an lacrosse of 5,1331.
15a 114., ar 180.0 per rent. Is the corresponding week of
1211 e it was 18,739/. Bs. 10(1. The average percentage of
in on the population of these union, on the sth
frtaet wee 6.5; in the ccrresponding week of 1862 it
vas 13.7. The amount of money in the heads of the
friIIPITIMI of the above unions on the sth instant was
11111,2571. 10e &V

Mrs RAWLIIIIION made the following statement as to the
peeppere et public works io the distressed cottue maniac-
Smug dielstist. Already fifty-two applications for loses,
sweennting to 721,601., had been reported upon, and
the proposed weeks inspected up to the present date.
Of that amount 597,463/. [about 600.0000 tad been ordered
ly the Poor-law Board. The balance between these amounts
was chiefly made up by proposed works which were not yet
decided to come whine the intentions of the Public Works
Asa No delay had occurred between the receipt of the
plans and estimates and the inspection cud report of the
=ied works. Intimation has been received from other
glpi and townships of forthcoming applications
sinounting to about 750,000/., in addition to the sum
previously reentioued, making, with the coders issued, a
sima of 1,360,0001. The works already reported upon were
all of a permanently beueficial character—mainly sewerage
mid road and street improvements—and afforded employ-
ment for a large per mega of unskilled labour. There
had been no difficulty in providieg work fur from
8,000 to 10,000 labourers upon public works for
which loess were already ords..d by the Poor-law Board.
Moth more work might be undertaken, aed with greatly
kiproved results, if the local authorities would, where
needful, provide their surveyors with additional office men-
tame, and outdoor superinteodence. The want of these
wasa far more serious Liodnince to the progress of works,
of any lack of skill on the part of the distressed
epsrativea Provided the weath. r was dee and open, it
weald not he difficult to employ 20,000 or 30,000 operatives
upon useful public works by the commencement of the cew
pear. As these would all be men, the consequent rate of
sedactiou of pauperism would be larger time that ft-
soiling from the same number of paupers returning to em-
ployment 4 the mills. Ile should obtain from time to time
sweet returna of the number of men employed in the public
meek.
A grant of PAL leia was made to Bleckhurn from the
Employ meat and School Fund ; and 144/. for the superin-
emdmice of labour. A grant of 24/. 4e. was also made for
the superintendence of labour at fitaleybridge. The general
fundgrante were made—to Marpla of 150/.;Tottiugton,
ROL • Mellor, 101. ; Oldham, 6001: • Harparhey, 50/. ;
Bleat4ria, 1204 ' for clothing • FarriletOn,lool. ; Reclidale,
; Bolton, 6001. , Stacksteede, 1001. ; Withnell, 504 ;
Middleton, 701.

A LANcASHIRE MAOISTPLATII CHARGIND WITH
SHOOTING ANC UNLAWFULLY WOUNDING.—At the South
Ltheashire assizes yesterday his backbit. (Yr. Justice
Willem). referring to the case io which !dr. Standish, a
comity magistrate, was charged with shooting at and en.
lawfully wounding some labouters, said that be bad read the
depositions, and duly considered the appliaitioe of the
}rsooer counsel, that the charge should he reduced from
/ahoy to moderoesnour. He (the learned judge) could not
fathrfere wlyh the am, but if the prosecution, on commit*.
Yee with their counsel, came to the conclusion that the
widows would not sustain a felouious charge, the greed
jury would doubtless return a bill charging the primmer
with misdemeanour only. Later on is the day the grand
jary returned trim bills for miedet sesonur against Mr.
Illeedia, aid his lordship oreseented that he should sot he
ended upon to plead Woo Wednesday, he order that hi
SIMMS plied have time to consider whet mine it woad
he that desirable to pursue.
THE Ansel! COMPANY.—The following circular,
4.,„‘ a Great St. Helen, 21st December, 1863, lie
leen issued to the shareholders of this compasy :•—•• Sir,—
theirraan, deputy-chairman, and directors of lb* Assam
Oranpway have great plasm.* in forwardiag to yea beer
with • warramt for a sem at the rate of 41, per share, se •
liserm evil of this amount received from the sale of the
ariapany'aplantaiion is Cedar. A frill ',planation will be
wow at the next general meiotic( why the board have
it desirable to retain a part of the purchase mosey
to term a working espial for tie isorawiad aaol
an-
away liftman basinoss of the coapaay.—l am, air, yews
eladiastly, WALVIS YIIIDIAUN, Secretary."
HORNIMAN'A Tr. is choice and strong. moderato i
fa win, anti stbolesorse to nee. These advents**, have secured
itsr lh. Tea a pound pretenses. ILL mold la psekt4a by Y,teSi
atgata—thdv Kitten* • r

THE EXP"

lat Inutliqcntt.

COURT OF QUALM'S BRNOR.—Dze. 14
Atter Tenn Sitting. at Niel Pries at GaildbalL —(Buftis
Lard Chia Jortice Cockburn and a Special Jury.)
MASON F. CLIFTON, BAILT., M.P.

We was an setae to reuoveitiUDl. oCuumieeioe for nego-
tiating certain loans fur the the defendant, Bar R. Clifton,
But.. M.P. for Nottingham. The defendant pleaded never
indebted. _ _ _

Mr. J. Brown end Mr. Tripling were ocoussel for the plain-
tiff ; Mr. Hawkins, Q.C., and Mr. Talfourd Seater for the
defeeda o a

The plaintiff, Mr. Marshfield Mum, alleged that he was
engaged by the defendant to negotiate a loan of 65,000/. for
the rumors of paying off certain mortgagee cud judgment
creditors, and that having obtained the criesent of the
Guardian office to admix., the sum on certain terms Sir
Robot repudiated it. The defendant's affairs in 1858, the
time referred to, were in a complicated state, and he was
Isopelmely embarrassed. After plaintiff was engaged it was
proposed that certain undisputed mortgages and judgment
debts should be bought up for 25,000/., and 40,0001. applied
to the liquidation of the other claims. At an interview be-
tween the plaintiff, Sir Robert Clifton, Mr. Flower, Mr.
Humphrey, and others, it was proposed that a Mum deed
should be executed to secure the 25,0001. (but Sir Robert
declined unless he was paid 1,0001.), and the amount ad-
vanced by Mr. Flower, Mr. Humphrey. and others, who
were not to have a bonus of 2,000/. for so doh*
Several witnesses were called in support of the plaintiff's
ems, and amonpt When the secretary to the Guardian
Assurance.offioe. On the 4th of May the plaintiff wrote •
letter to the actuary, applying for a loan of 63,0001., for
the defendant. He wrote to the plaintiff for the name of
the defendant's solicitor, end he received in answer the
name of Mr. Kingdou, of King's Anne-yard. The applies,
than wee then laid before the board, and the secretary com-
municated to Mr. Kingdoo the resolution of the board,
dated the 12th May, in • letter stating that the board of
directors had entertained the proposal for 63,0001. in two
payments of 40.0001. and 25,0001., to be secured on bin life
interest on landed estates in Nottinghamshire, producing a
rental of 7,294/. 14s. 1111., and a sum of money in the funds
is the name of trustee, producing 1.2901., making together
8,5141. 14s. 1 Id., subject to the following deductions :—A
life annuity to the Dowager Lady Clifton of 8001. per annum,
and to Lady Bruce of 4001.: premium on insurances of
41,0001. held by trustees, 9581. 15e. 10d., making a total of
2,1581. 15• 10d., thereby reducing the income to 6.3581.
17s. Id., with which was to be included in the security the
life interest of the defeadast in the Barton estate belong-
ing to Sir A. Clifton. estimated at 3,9001. per annum, mak-
ing together 9,8551. 19s. Id. There was also enclosed in the
letter a resolution come to by the board of directors to the
following effect, via. : That the proposed be entertained at
the rate of 5i per met., redocable to 41 per cent. on peso-
tual payment. 'abject to the following conditions : That the
defendant's life should be insured at the ordinary rates, and
that existing policies amounting to 44,5001. be transferred as
part of the security, and that a farther assurance to the
extent of 25,500/. should be effected with the office, =eking
together 70,0001. The security win to be • first charge upon
the estates. The security to be investigated by the
company's solicitor, and all expound to be paid by the
borrower, whether the loan was granted or not. If the
security was deemed sufficient ; the borrower's acquiescence
was to be communicated within ten days, and if the negro
Makes proceeded the borrower was to engage to complete
the *warily within three mootbe. To that a letter was
received by the office from Mr. Kingdoe, accepting the loan
on the conditioes therein mimed. The defendant wee
examined by the medical men of the company for the in-
surances, and they were reedy to make the loan as soon as
the conditions were carried out. The matter, however,
went off from the inability of the parties to comply with
the cooditions.

Mr. Hawkins, for the defendant, rid the action bad
bra brought hoping he would compromise the metre
rather than have his pecuniary affairs exposed is • court of
justice, but the defendant bad thought otherwise, there
being nothing to fear or be ashamed of. The delendant
was the only son of a kind and indulgent father, who per-
mitted him to indulge is early youth in the most extra-
vagant of all amusenseuts, that of bone racing, and be
got involved at the early age of between eighteen and nine-
teen, to those who were always ready, and too often
pandered to the extravagance of young men of large expec-
tations. Long therefore before he berme of age he wan
in considerable debt, and I. 1858 be was involved to the
enormous extent of 100,000 J., his bills having been renewed
in many cases at the rate of between 70 and 80 per cent.
He was obliged to leave Clifton-hall, and go to Paris in that
year, and whilst be was abroad he was advised to apply to
Mr. Kingdon as a person who could procure him sufficient
money with which to clear off his incumbrances. He ac-
cordingly put Kingdon into pormaion of his circumstances,
and directed him to proems • loan of sufficient amount
with which to pay off the incumbmoces long before any
application was made to the Guardian office, which owing
to the misrepresentatior made to that office by the plain-
tiff was never carried out. Kiogdon was out
of the way, and could not be called, and though he might
have hired the plaintiff the defendant was not responsible.
binoe that time money bed been obtained with which the
defendant had paid the whole of his debts, and he was now
living on bin estate at Clifton-6'll Bir Robert most posi-
tively denied that he ever refused to sign a trust deed unless
he was paid 1,0001. ; in fact he would not consent to a trust
deed on any terms, having already sufficiently suffered from
them.

Sir Robert Clifton and Mr. Davies, an attorney, for the de-
fendant. The latter had a mortgage foe 9,0001., and a judg-
ment to secure it for 17,0001. His claim wee not for money
lent. He purchased up for the defendant between 20,000(.
and 5,000/. worth of judgment debts for between 9,0601.
and 10,000/. He took 6,5001. for his judgment. Hooey
wee a marketable commodity, and debts were always to be
bought up cheap for money. Six Robmt was out
of the way for some time, but he was often
in England. He need not to have left England,
for it was not the interest of the judymeot debtor, to arrest
him. Sir Robert never would have got into difficulties had
it not been for a question that arose as the doctrine of
adoption—!laughter)--with reference to a devise under his
uncle's will. which sent the matter into Chancery. De.
fendent put the matter entirely in Kimdon'a bands.
The questions were whether the Menden; bad so recog-
nised plaintiff's services as to make him responsible for pay-
ment, or whether, amid/Mal to the euiploymeot of a
solicitor to raise a loan, be sou empowered to employ an
agent fit his client's expense.
The ;ury ultimately returned a verdict for the defendant.
SECOND COURT.

Sitting at Nisi Prins at GuildhalL—(Before Mr. Juaties
Blackburn and a Cononsou Jury.)

8131803 IP. BCLB/1111.

This was an action to recoreromopsomition for false repro.
natation as to the credit and respectability of a Mrs.
Wheeler. The defendant pleaded lot guilty.
Mr. McNamara was counsel for plaintiff ; Mr. Powell,
Q.C., for the defendant.

Tlie defendant is a clergyman, who bad resided in Ireland,
but at present was the incumbent of Ashford, in Kent. In
June, 1863, Mrs. Wheeler waited upon the plaintiff, who
was the proprietor of a furnished house, 51, Prtecersquare,
Hyde-park, and agreed to take it for a year at six guineas
per week. He required a reference, sad Mrs. Wheeler re-
ferred him to the defendant and to Mr. Morrison, 54,
Clifton-gardens, Bleide-hill. It appeared that Mn. Morri-
son was Mn. Wheeler's daughter. Mrs. Wheeler had
directed her attorney to write tothedefeedmit, and been the
19th June, wrote to the plaintiff as well as to her solicitors,
describing her as • person of respeetabilityand respoesibility,
who might be trusted. It was alleged, on the part of the
plaintiff, that the defendant knew her to be is embarraseed
circumstances at the time, he being party to a bill of Ode
under which she had assigned her furniture as security
for a debt. Mrs. Wheeler formerly resided with her
daughter at Maids-hill, and the bill of sale bad reference
to the furniture in that house. The landlord had distrained
for rest, and a man was is poseeesioe. The defeedaut was
applied to to assist In guying oat the landlord, but he
stated at the time that he was unable to do so, as there were
no available funds.

Evidence was given to show that the defeodant had bean
a 'reference in other caws, cod that furniture lied been sup-
phad by Mae and Co., for which they could not get
paid, and which they had to take away from the house by
force.

Tbedefence was that it wan not sufficient to show that
Mrs. Wheeler was insolvent at the time the reference was
given, hut that the defendant when he made the reprearia.
anion knew she was insolvent.
The defendant was called to prove that Mrs. Wheeler wee
person of means, being in receipt of annual remittances
from her brother, who joined her late husband is a coffee
plantation on the Malabar coast.
In uses-exarnieation t►e defendant said he was reference
for Mr. Mornam's furniture, and afterwards joined is a bill
of .ale on it to the furniture dealer. He was also reference
for Mrs. Wheeler for lanai. are which was got from Messrs.
Maple's, which was sent to Maida.bill. la July or August
Mr.. Wheeler was in Whiteeran-street prism. Be did not
think, bat be was not quite sure, that he was her reference
for bee present house.
Mrs. Wheeler was called, arid deposed that bee late hue.
bend was a nephew of the defendant. like was in receipt
of about 1101. a year, sod other one. from her brother. She
took the house believing her brother and his family were
coming to t►is eoustrv, but she was disappointed, and that
Minn. Amble and Co. premed her for payment of MM. She
could have paid the root by taking bander.. She had re-
sided in on. home for seem years, sad bad paid the rest
regularly.
Alter some further evidence,
The jury returned a verdict for the plaintiff, damages
1104

COURT OF COMMON PLEAS.---Dsc. 14.
'Wimp at Nisi Pries is Loam—(Bahn Laid Mid
Justice Erie &ad a Spacial Jury.)

BINGLI V. Till OIIZAT WESTKPX RAILWAY COILPAIM-
ACILIDUT.

The plaintiff in thine's, claimed damages uoompeesaties
for an injury which be bad received I. cothequence of the
megrims of the of the dtheedests' servaste. The d►
fend/mei pleaded that the plaintiff was himself is their
Gorses* at the time of the moldiest, sad that bevies bees
injured through the negligence of his fellow-servant, the
company was cot liable.
Mr. Joyce and Mr. Eyre Lloyd appeared for the plaintiff ;
and Mr. M. Smith, Q.C., sod Mr. Buller for the defendants.
It appeared that is the asthma of lest year the *MAW