The Northern Daily Times.
Liverpool, Merseyside, England, 1856-02-21 00:00:00

HILTON V. ECKERSLEY.-JUDGMENT.

Mr. Baron Alderson delivered the judgment of the court in
this case, which was a writ of error from the judgment of the
Court of Queen's Bench. The defendant, together with
seventeen other millowners, carrying on business at Wigan, in
Lancashire, entered into an obligation by bond, binding them-
selves, under a penalty of £5OO each, not to open their mills
for a term of twelve months from the date of the bond. This
undertaking was agreed to by the obligors of the bond for the
purpose of defeating certain societies or combinations which
had been formed with the object of deterring per-
sons, otherwise willing to be employed, by fear of social
persecution, from hiring themselves to work in such
establishments. The defendant, contrary to the condition
of the bond, had opened his mill, for which it was contended
he was liable to the penalty of £5OO, he having contravened
the condition of the bond. The defendant, on the other hand,
contended that he was not liable, and that the bond was illegal
and void, being in restraint of trade. The case had come
before the court below on a demurrer to a plea, when the
majority of the court decided that the defendant was entitled
to judgment, and that the bond was ♦oid. With that judg-
ment he, together with the other learned judges who formed
this court, fully concurred, as combinations of such a nature
as this obligation was intended to effect, were illegal, and
..ontrary to public policy, being in restraint of' trade. If they
decided otherwise, they would he giving encouragement to
combinations of this nature, which would have the effect of
preventing persons from carrying on their business to their own
advantage, and would deprive the industrious workman of the
means of obtaining a livelihood. For these reasons they were
of opinion that the judgment of the Court of Quzen's Bench
was right, and must therefore be afErmed.
Judgment affirmed accordingly.

She brings 38 passengers, and on freight °lle,
package of specie, value not stated. Her general
cargo consists of 5 boxes dates, 2 boxes tea, eigb
quarter-casks wine, 36 cases crape shawls, 223 bales
2 cases silk, 70 cases indigo, 1 bale hemp, 122 bales
goat hides, and 78 packages general merchandise'

SHIPPING INTELLIGNCE.
GIBRALTAR.—Arrived, Feb. 6, steamship British (Veen,'
6; days from Liverpool, with general cargo for Gibralra
Malta, &c. 12th —Steamship Cleator, 11 days fr°lt
"
Liverpool, with bale goods for Constantinople (clearer])'
'
steamship Italian, 10 days from Alexandria, and b fret
o
Malta, with skins, &c , for Liverpool (cleared) ; sch°°/1-r
,
Alice, 28 days from Liverpool, with coals for Gibraltr,
13th.—Steamship Spartan, 11 days from Alexandr',3,l
and 5 from Malta, with a general cargo for LiverPci,
(cleared). 14th—Schooner King of Tyre, 32 days fr°,,i'
Liverpool, with coals for Gibraltar ; schooner Countess
Morley, 40)days from Liverpool, with coals for Gibraltar,'
Her Majesty's ships at Malta.—Royal Albert, Bann',
bal, Agamemnon, Princess Royal, St. Jean ,
Tribune, Curazoa, High-Flyer, Miranda, Himalaya'
Swallow, Curlew, Sidon, Leopard, Terrible, SpbY,ll„.:
Medina, Medusa, Shearwater, Lynx, Beagle, Wranr"
Viper.
At Gibraltar.—Ariel.