The Express.
London, England, 1853-11-05 00:00:00

(ANEMIA AMOY XAVIOATION COMPANY V. MANN: COL-

LISION AT BEA.

This was an action to recover damages for injuries done
in a collision between the plaintiff'. steam vessel the Cla-
rence, and a saitiog vessel, called the Maria, which belonged
to the defendant. The caw was tried at Croydon before
the Chief Baron, and the verdict was for the plaintiffs.
Mr. M. Chambers, Q.C., now moved for a new trial,
upon the ground that the Chief Baron had misconstrued
the rule of navigation issued by the Admiralty. This
rule was, that wh any vessel proceeding in one
direction meets a vessel proceeding in another di-
rection, and the master, or other person having
charge of either of such vessels, perceives that if both vessels
continue their respective courses, they will press so near
as to involve any risk of a collision, be shall put the helm
of his vessel to port, so as to pass on the port side of the
other vowel; due regard being had to the tide, and the posi-
tion of ea, h vessel, with respect to the dangers of the chan-
nel, and as regards sailing vessel., to keeping such vessels
under command." The collision in question happened
about half-past sin on the evening of Sunday, the 6th of
March ; the Maria proceeding to Scotland. and the Clarence
comoihg thence on the way to London. The crew of the
Maris stated that they saw the steamer about two miles off,
ant her lights showed that she would pass quite clear of
the M iris, which was keeping in shore. A few minutes after-
wards, they suddenly saw all three lights, which showed that
the steamer was coming right on, and although the elm of
I the Maria was at once ported, it was too late to avoid the
collision. The evidence on the ober side errs, that the
Maria was not seen until she was within sic vessel lengths.
when the steamer's helm was ported. The Chief Baron told
the jury that whatever distance the vessels were apart, if
there was ans• danger of collision. no man could be wrong in
petting his helm ; and he told them to consider whether.
when the steamer was first seen, there was danger of colli.
sion, as if there was he directed them, as • matter of law,
that the master of the Maria ought to have ported her helm.
This, it was submitted, was calculated to mislead the jury,
fur it was not the duty of the master of the Maria to post, or
in other words, to go out to sea, unless in his opinion there
was danger of collision and he at the trial swore that he
thought there was none.
The court famed the rule.
COURT OF BANICRUPTCY.—TESTERDAY.

116/01111 MIL CJ1111040.111 ■ol
IN It FICLERIIIO.
. ..

This was the last examination meeting in the case of
William Pickering, bookseller and publisher of Piccadilly.
No accounts had been filed, owing to the serious indisposi-
tion of the bankrupt; but the total liabilities, including a
large disputed debt, are estimated at from 20,0001. to
24,0001., and the assets are large in proportion.
Mr. Linklater, representing the assignees, stated that an
adjournment of the t11=11146011 meeting would be neces-
sary, Mr. Pickering being uofortuastely unable to attend
to his accounts or to be present at that meeting. Indeed,
had it been otherwise, the accounts were of such a compli-
cated and voluminous nature that they could not have
been prepared is time fur this meeting. Under those cir-
cumstances the assignees did not object to an ad-
joarnasisat for three months. The asrignee. Mr.
R. I'. Harding, aecountant, wished to make as ap-
plication seder the 183rd section, to expunge a large proof
which had bees admitted at the choice of assignees. At
that meeting Mr. Thornthwaite proved a debt of upwards
of 11,0001., upo t a judgment obtained oo the 12th of May.
The accounts between Mr. Thornthwaite and Mr. Picker-
ing were very voluminous; and the matters in dispute
between them, in a particular cause, were referred to Mr.
Robinson, and after his decease, to Mr. Webby, as arbi •
trator. That learned gentleman mad. an award on the
sth of May, against the bankrupt, of 11,0001. odd. On the
9th of May, four days afterwards, the bankrupt filed a
declaration of insolvency, and gave notiee of it to Mr.
Thornthwaite ; and it was not until the 12th of May that
judgment was signal. That declaration of insolvency was
the foundation of the bankruptcy; and the assignees were
advised that inasmuch as the judgment upon which the
proof was made was not signed until after Mr. Thorn-
thweite had notice of the rot of bankruptcy, the award was
really not even evidence between the parties; and that, how-
ever much, priml facie, it might impose upon the
bankrupt and those seeking to expunge the proof,
the obligation and onus of proof, it was in reality
no estopper to the court, which was entitled, and bound, to
inquire into the merits of the claim. At the time the proof
was admitted, there appeared to have been some misappre-
hension as to the nature of the reference to Mr. Webby ; it
wassupposed by the creditors that the award embraced all
the matters in difference. Instead of that, it was only a
reference of the matters in a particular cause ; and the in-
quiry was necessarily limited to the. particulars of demand
and set-off in that cause. But upon investigation the assignees
found that items amounting to upwards of 20,0001. had
been wholly eecluded from the inquiry; and upon these
omitted items they contended that a large sum would be
due from Mr. Thornthwaite, to be set-off against the award,
should his Honour come to the conclusion that it was bind-
ing and could not be inquired into. But he (Mr. Link-
Later) was prepared to contend that it was not so binding;
he, therefore, applied, under the 183rd section, for the
court to fix a day when the .nquiry might be gone into.
He proposed first to confine the question to the inquiry
whether the award was or was not conclusive. The assignee
was authorised in making the application by nearly all the
large creditors, exclusive of Mr. Thornthwaite.
Mr. Nelson, who appeared for Mr. Thorothviaite, alleged
that he was taken by surprise by this application, and con-
tended that the admission of the proof et the last meeting
was conchal's. The items of 20,0001. said to have been
omitted from the inquiry were from time to time brought
before the arbitrator, and in fact upwards of 9,0001. had
been allowed in respect of them.

After orison argument,
His Honour directed that an account of the disputed
items should be furnished by the 'niggle( s to Mr. Thorn-
thwaite's solicitor before any further step wrs taken.
An adjournment of three months was then ordered with
the consent of the principal creditors, an allowance of fd.
per wet k was made to Mr. Pickering, and the 'mignon
were authorised te carry on the business until Christmas
next.

Mr. Linklater stated that, should the assignees succeed in
ezpunging Mr. Thoruthwaite's proof, the estate would be
perfectly solvent.

INSOLVENT DEBTORS' COURT.-Yzrniumi.

IX THE MAMA OF JOHN ANDANIF NOLAN.-ASSLCLT

DT •

ON THE TVIIP.

-----__
This insolvent, who bad betted on the turf, applied to be
discharged war the act.
Mr. Mow lipped on the part of Mr. Morris and his
wife, and also fee • Mr. Smith; Mr. Sargood supported.
The complaint we.. that the insolvent was indebted for
damages is two srtNss he assaults, and that the injury
complained of was smodisises. It appeared that he lodged
at the house of Mr. Mar* who is a pruner, in Tennison-
strect„York road, Lambeth. la the early part of February he
west home at half-past 12 o'clock at night, and asked Mrs.
Morris, who lighted him up stairs and gave him a candle,
whether the " fellow " in the first door had come home,
as he should not sleep there again I He was informed that
be had not come home. Without the slightest provocation
he struck Mrs. Morris, aad blackened both her elite, and
she declared would have thrown her over the stairs, had
aot her dress given way. She cried Murder," and her
lodger, Mr. Smith (the other opposing creditor), came to
bier assistant*. The insolvent attacked him, and whilst on
the stairs 'track him with a poker, and he was fend to the
ground and bleu profusely. Both Mr. Morris and Mr.
Smith were attended by a surgeon and confined some days.
lAn union was brought and tried at the Surrey Assists. In
each ease the jury awarded 751. damages, which, with the
costs, amounted to a considerable sum, and for which the
insolvent was now in custody.
The question raised was whether there was " malice," in
order to bring the case within the set of parliamsat. It was
stated that the insolvent was tipey at the time he cone-
milled the meanies.

Mr. Commissioner Murphy thought there was malice in
law, but he wished to hear the evidence of the parties;
whereupon Mn. Morris and Smith were examined.
The insolvent stated to his counsel that he had been
to a dinner party, and was intoxicated when he rsturned
hone. _ _

Mr. MAWS, wished to know whether the insolvent was
not connected with a gambling house ?
In answer to question,
The insolvent stated that he was not connected with •
gambling house. He bad betted, and on the last Chester
Cup lost 1101. He had betted on a gond many races. H.
had bought tickets at betting offices, and had lost money.
Mr. Macrae prayed a judgment for the damage. awarded
in two cases of gross assault, and contended that the inju-
ries had been maliciously inflicted. It would be an abuse
of the act to allow • person who had dissipated his means
in betting transactions to wipe o•t the damages and
costs by going through this court without a serious judg-
ment.
Mr. Sargood insisted that thus was no malice in law, and
that di m•e MOM ad come uc der the Act of Parliament.
The iimiteamt INS auk at the tine, and not is his senses.
Mr. Co--'mieossw Murphy imposed himself clearly of
*Maim. tint*., wee =•lise law proved against the
Meelveut, and That fatoziestios was as Pmn•amt or en-
lessatice. Mom was II Imes, who, without soy pinto

cation, had her rite blackened, tad a lodger who cause to
•ee what was the row, felled to the ground with a poker.
It it was sot malice, their as the 'wag said, it was for " love
he was knocked down." Malice had been made out, and
for the climaxes awarded the insolvent would receive a
judoment of sit months.
Judgment accordingly.