The Northern Daily Times.
Liverpool, Merseyside, England, 1856-02-15 00:00:00

NORTHERN TIMES.-LIVERPOOL, FRIDAY, FEBRUARY 16, 1856.

getting two £5 notes from Mr. Woodhead, but I will not
swear did not. Witness, after some hesitation, said—
I did receive two £5 notes; I paid the band with that
tnoney. A woman, who was employed in the refresh-
ment rooms attached to the hall; was examined; and
deposed that Mr. BaErslia* was the person who employed
her and paid her her wages, and that she did not
receive any instructions or orders from Mr. W.oodbead.
Mr. Woodhead was himself examined, and deposed that
he let the rooms to Mr. Bagshaw in the manner which
had been stated by that witness, and he denied that he
had anything to do with them whi!e they were used as
a dancing room. In reply to Mr. Aspinall, lie stated that
he was aware of the action brought against Mr. Smith,
and that proceedings were taken respecting it in Chan-
cery. He said he id not believe he was doin:T anything
wrong in letting the rooms for dancing purposes, and
added that he considered he himself was " an injured
man all the way through." The defendant's case here
closed. Mr. Aspina:l replied to the evidence, and con-
tended that if any letting of the premises by Mr. Wood-
head to Mr. Bagshaw had taken place at all, it was
clearly only a fictitious letting for the purpose of
evading the consequences. His Honour said he was of
Opinion that in this case Mr. Woodhead was shown to
be liable. If he had not let the premises to Mr. Bag-
shave then lie was immediately liable in point of law,
according to the decision which his Honour had given
in the former action, which decision had not been
appealed against, although it might have been appealed
against, and to which he still adhered. The same view
of the case had been taken; as he was aware, by the
Vice-Chancellor here. Mr. Blackhurst said the Vice-
Chancellor had directed an issue to be tried at the
coming assizes. His Honour said the Vice-Chancellor
told him that he would never have directed
such an issue if he had been aware of the
real facts, and the way the case came before
that court. The issue might have teen tried by
" in that court, just as well as by a jury in St.
s-hall. The vice-chancellor, however, was not
aware that a case could be tried in that court by a jury,
and, therefore, he thought it well that the case should go
before a jury elsewhere. His Honour continued—He
adhered to the principle, that in this case, the defendant
would be liable if he had not let the premises to Mr.
Bagshaw, having carefully considered the question, and
satisfied his own mind as to the state of the law. 't'he
question now arose, whether Mri Woodhead would be
liable if he had let the premises during the week begin-
ning the 12th of December, to Mr. Bagshaw. Now,
even if he had so let the premises, his Honour was of
opinion that he was still liable. He had not only let the
premises knowing the purpose for which they were to be
occupied, but the evidence showed that he himaeT wag
actually present, at least, tipon :one Odeasion, and took
part in the arrangements, inasmuch as he demanded
money from a person resorting there. It was not denied
that Mr. Woodhead himself required money to be paid
by the officer. Whether the money was actually paid to
him, or to his undertenant in his presence, in his Honour's
view of the case, mattered very little, because his per-
sonal interference and requirement of the money, showed
that he was an active partielpatdr in the mariner in which
the premises were used. Hut he thought it could not be
doubted—in fact, the contrary was scarcely asserted
even by the defendant himself,—that he had let
the rooms to Mr. Bagshaw, for the purpose of
dancing and music, and that such dancing and music were
then carried on ; and if he did so, and if he knew the pur-
pose for which Bagshaw was going to apply the premises
and permitted him so to use them, and when especially,
he was himself present and a participator on some occa-
sions, it appeared to his Honour, according to the tenor
of the law, that the defendant was personally liable,
although Bagshaw was his undertenant. Ilia Jlonotir
cited some cases in which a lessee was held liable when he
let premises fof the continuance of a nuisance and re-
ceived rent as a consideration for its continuance. These
cases, he continued to say, seemed very clearly to enforce
the principle, that if a party let his premises to another
for the purpose of using them in such a way as to cause a
nu ;ante to a neighbOur, he would be liable, and would
not get rid of his liability by putting the other under him
as an under-tenant. But if it were the law generally, it
was 'greatly strengthened when the lessee himself inter-
fered personally and participated, so to speak, in the use
of the premises. If he was wrong in his opinion he could
be set right by an appeal to the court above. He was of
opinion, therefore, that Mr. Woodhead, in point of law,
having let the place for the purposes :of a Glancing room
and a music saloon, and having been present and taken
part in the proceedings, was liable for the acts of his
undertenant. Mr. Aspinall asked that his Honour should
give an opinion upon the character of the letting:,
as it might be important in case of further proceed-
ings. His Honour said he found as a matter of fact
that the so-called letting was a colorable letting,
made for the purpose of evading any obligations or penal-
ties to which the use of the room would subject the occu-
pier. Inasmuch as he could not shut his eyes to the fact
that this was an attempt to evade the distinct decision of
two courts of competent jurisdiction, the Vice-chancellor's
court which granted an injunction, and his own decision,
he thought he was now bound to give more than mere
nominal damages. He had hoped that further proceedings
would have been prevented upon the former occasion by
giving a small sum as damages, but pronouncing a verdict
which would show that if the case came before him again
he would put a stop to what he held to be a clear case of
nuisance to the proprietor of the Qaeen's Hotel. He
should calculate it at two guineas a-day for seven days,
and give a verdict for fourteen guineas. If it went abroad
that persons who went to that hotel were to be subjected
at the pleasure of the person next door to the extreme
annoyance inflicted by such dancing and music close by,
there could be no doubt that it must operate to prevent
persons from going to the hotel who otherwise would
-.. The :actual inconvenience to the
ants of the hotel, and the occupiers might be con-
..fable, but the character which the hotel itself might
;et as being a noisy and uncomfortable plate, must cause
vary great injury, and if persons knew that they would
be subjected at the choice of the proprietor of the adja-
cent house at any time to such proceedings, it could not
but inflict permanent injury upon the character of the

Georg

ye recourse to it

hotel. His Honour then gave a verdict for the plaintiff
for the sum he had named and costs [We believe, that
• _

steps were subsequently taken for having the matter

arranged by the defendant paying the costs, and under-

. ,
taking. that the nuisance should be discontinued during
' Mr. Curchod's occupation of the premises.]
SPRUCE v. SIMPSON.—This was au action in which a
horse was the sole point in dispute, and, as is usually the
case, it occupied much of the time of the court. The
evidence given on either side was very contradictory. In
this case the claim was for the balance of the price of a
horse. John Spruce was the plaintiff, and William Simp-
son was the defendant. On the 11th of Dec. the plaintiff
sold the defendant a grey horse for £l9, upon which he
paid £5, with the understanding that the balance was to
be paid within ten days. provided the horse suited. In
two or three days after it was discovered that the horse
did not suit, and a notice was sent to the defendant. stating
that the horse was of no use, and requesting to be repaid
back the £5 he had paid, and unless such was done he
should sell the horse to defray the expenses. On the
same day a man in the defendant's employ went to take the
horse away, but the plaintiff refused to let him go until he
was paid the .e 5, the result of which was that the horse
had been resold, and this action was brought to recover
the loss thus sustained. His Honour said the whole case
resolved itself on the terms of a conversation which had
taken place between the defendant and the witness who
had been called for the plaintiff, and taking all the cir-
cumstances of the case into consideration, he should give
a verdict for the defendant.

HISTORIC SOCIETY OF LANCASHIRE
AND CHESHIRE.

The statistical section of this society met in St. George's
Hall last night. Mr. Dawson occupied the chair in the
early part of the evening, and Dr. Thom subsequently.
The minutes of the last night's meeting were read.
Dr. flume announced several valuable donations since
the last night of meeting. The principal were from the
Smithsonian Institution, of Washington, United States,
among which was a work entitled, The Antiquities of Wis-
consin, as Surveyed and Described, by .1. A. Laphan, Esq..
C.E., a quarto volume, with fifty-five plates and numerous
woodcuts, dated 1855. The eighth and ninth annual
Reports of the Smithsonian Society for 1854 and 1855, as
well as the publications of several learned societies and
periodicals in the library of the Smithsonian Institution,
were among the donations. Dr. Hume also mentioned
havtng received two conies of a pamphlet, entitled A Few
Answers to the Arguments put forward by the Speakers at the
Great Meeting in St. George's Hall, &c., extracted from the
Liverpool press. Dr. flume remarked that as a matter
of course the Society was not bound by the opinions ex-
pressed in this pamphlet, which they were happy to re-
ceive. Dr. Hume drew attention to a very splendidly
illustrated Atlas of Modern Geography, with an introductory
notice by Dr. N. Shaw, Secretary to the Royal
Geue;raphical Society, published by Messrs. Ful-
larten, of London.

Dr. Hume announced that the eighth volume of the
Transactions of the Society, was already in the press, and
was going forward with great rapidity.
Mr. Gann presented, through Mr. Burke, a copy of
Thomas Shadwell's comedy of The Ilumourists. The
volume bore date 1671, and had the author's dedication—
" To the most illustrious Princess, Margaret Duchess of
Newcastle." The work also bore the following autograph
—" Henry, Duke of Newcastle, his book, 1676." Ihe
volume was in excellent preservation, and well bound,
having been in the library of the Duke of Newcastle.
Dr. Thom laid some information before the society,
relative to the celebration of the Preston Guild every 20
years.

The principal business of the evening was a paper by
Mr. T. V. Danson upon the present position and progress
during the past half century of the Manchester district of
Lancashire anti Cheshire. Mr. Danson having on a for-
mer occasion taken a similar view of Liverpool and the
towns immediately around it, occupied himself last night
with Manchester and sixteen towns of which Manchester
is, by its importance, although not exactly by physical
position, the centre. He illustrated the position of these
towns, and the character of the towns around them, by
diagrams, and took a rapid survey of their early history.
He described by a variety of highly interesting statistics
the gradual increase of population in the towns he had
selected, with their comparative progress and present
density. It would not be possible for us in any condensed
form to give even the leading particulars of these statis-
tics, which we believe Mr. Danson intends to publish in
a permanent form.

conversation upon the principal topics touched on by
Mr. Danson followed, and concluded the business of the
night.

IMPERIAL PARLIAMEN

FROM OUR OWN REPORTERS.)

HOUSE OF LORDS.—THURSDAY,
The House met at five o'clock.

THE FERAJOY PEERAGE.
The Earl of DERBY called attention to the case of the res-
tored title of Baron Fermov, which he contended was irre•
gular. The Earldomof O'Neill had become extinct since
the present Government came into power; also the Marquisato
of Thoniond, and Barony of Inchiquin, yet the principle
upon which the Government acted was contrary to the intention
of the act which intended to reduce the number of Irish
peerages down to 100. He wished to know now what course
her Majesty's Government intended to take to settle the inter-
pretation of the act relating to this subject, which he con-
sidered to be in a most unsatisfactory state.
Earl GnAtivILLE said the government, with the advice of
the law officers of the Crown, proposed to refer those cases
generally to the Committee of Privileges. He considered
there was no analogy whatever between the cases of Lord
Wens'evdale and Baron Fermoy.

After a few remarks in reply from the Earl of Einamr,
Lord BROUGHAM, the Earl of DESART, and Lord
CAMPBELL, tho subject dropped.

TRIAL OF OFFENCES BILL
This Bill was read a second time.

HOUSE OF COMMONS.—THIIRSDAY
The Speaker took the chair at four o'clock.

PETITIONA,

Mr. LocKE KING presented a petition from Slurry, praying
for an amendment and the consolidation of the Statute Law.
Mr. FERGUSON presented a petition from the corporation of
Carlisle against the County and Borough Police Bill.
A large number of petitions were presented against the
opening of the Crystal Palace and British Museum on Sun•
days, including several from Liverpool, and one from Claugh-
ton, in Cheshire, which were presented by Mr. IionsFALL.
Mr. W. BROWN presented similar petitions from the inha-
bitants of the town of Liverpool.

TETE DANISH SUCCESSION.
On the motion of Mr. HtJTT, an address to her Majesty was
agreed to for copies of any depatches received by her Majesty's
Government in the years 1852 and 1853 from the Government
of St. Petersburg, relative to the succession of the Emperor of
Russia to the crown of Denmark; and, of the protocol of
Warsaw relative to the Danish succession, and of the renewal
of that document by Russia in 1852.

THE CRIMEAN REfORTi
Mr. LAYARD gave notice that this day fortnight he should
move a resolution to the effect that the House had observed
with regret that those officers whose conduct in their respective
departments had been shown, by the report of the Crimean
commission of inquiry, to have occasioned great and unneces-
sary suffering and losses, had received honours and rewards
from her Majesty, or been appointed td, and still holding, res-
ponsible offices in the public service.

AUS FRALtAN HAIL.
Mr. BAXTER asked the Secretary of State for the Colonial
Department if her Majesty's Government are taking steps to
re-establish steam communication between this country and
the Australian colonies; and if not, what are the obstacles
which prevent them doing so?
Mr. LABOUCIIERE Was in hopes that the Government had al-
ready taken steps which would prove effectuql for placing the
postal communication in the Australian Colonies on a satisfac-
tory footing, and permanent basis. The details of the
arrangements were fully explained in a treasury minute which
had just been issued.