The Northern Daily Times.
Liverpool, Merseyside, England, 1856-01-11 00:00:00

fialto bi 2 Suction.

MR. HODGKINS will SELL by AUCTION,
on Wednesday, the 30th instant, at One o'clock in
the afternoon, at the Clarendon-rooms, South John-street, Liver-
pool, in the following or such other lots as shall Le agreed upon at
the time of sale, and subject to such conditions as shad be then and
there produced.

Lot 1. All that piece of LIND, situlte on the north side of Sea-
combe-st, eet. in Everton, containing in front thereto, including
one.half of the width of a common passage of 4 feet wide on the
east side thereof, g 3 feet It inches or thereabouts, and running in a
northerly direction along Great Homer-street 58 feet 4 inches or
thereabouts, then running eastwardly 83 feet or thereabouts, and
running on the east side . long the said passage 57 feet lei inches or
thereabouts. and containing in the whole 867 superficial squa:e yards
or thereabouts; together with the HOUSE and SHOP i 1 front
of Great Homer-street. and the House and Shop and Bakery at
the corner of Great Homer-street and Seacombe-street, and the
four Houses in front of Seacombe-street, now in the respective
occupations of Mr. Kaye, Mr. Horrocks, Mr. Culshaw, Mr. Bud-
die, Mr. Darby, and Mr. Jones, and producing an aggregate
reLtal of £ll3.
2

.s. All that Piece of LAND, situate on the south side of Ever-
ton Valley, containing in front thereto and at the back severally
3Q feet or thereabouts, and in depth on the east and west sides
severally to James-street g 6 feet or thereabouts, and containing in
the whole 384 square yards or thereabouts; together with the Two
DWELLING-HOUSES thereen erected, now in the respective
occupations of Mrs. Samuel and Mr. Surr, and producing an
aggregate rental of £5l.

The Tenure of both lots is Freehold of Inheritance.
For further particulars apply !o Afessrs. Evans & Son, solicitors,
C,mmerce-ccurt, Lord-street, Liverpool.

COURT OF PASSAGE.-YESTERDAY

*

(BEFORE E. JAMES, ESQ., Q.C. ASSESSOR.)

BREACH OF CONTRACT.—WILSON V. POPE.—This was an
action to recover damages for a breach of contract. The
damages were laid at £2OO. In June 1854, the plain-
tiff purchased the colonial built ship Hotspur. Having
a desire to charter her for Quebec, the plaintiff was anxious to
have her classed, and placed her in the hands of the defendant,
to have iron knees put in her lower hold and between decks.
The ship sailed for Quebec and returned, when she was
chartered for government passengers. She was then inspected
by 3tlr. William Hazzledine, the government surveyor, who
found that sixteen or seventeen knees had been broken, and on
that ground he objected to the ship. These knees were
repaired at a cost of £l4l l is 7d, by Mr. Major, who was of
opinion that the iron knees had not been properly welded in
the first instance. Tho knees were broken at the angle.
Several witnesses were called, who gave it as their opinion,
that the knees had not been properly welded. For the
defendant, it was alleged, that the work had been properly
done, and that the broken knees were attributable to the severe
weather the ship had experienced on her homeward
voyage, she being of soft wood, and had encoun-
tered a terrific hurricane. Two of Lloyds
surveyors, several shipsmiths, and other witnesses were called
for the defence, each of whom gave evidence that the shifting
of the cargo, and the strains occasioned by the storm, would
break the knees of any vessel. The whole point in this case
was, had the iron knees been properly welded or not, at the
time of the repairs by the defendant. The jury were locked
up at ten o'clock, and, at the rising of the court, had not
agreed upon a verdict; " nor," as one of the jury said, " were
they likely, as they were six and six." Ultimately the jury
returned a verdict for the defendant.
SLANDER.—BELL V. DOOLEY.—In this action Thomas
Bell, shoemaker, of Pitt-street, was the plaintiff, and Francis
Dooley, shoemaker, of Vauxhall-road, was the defendant. It
appeared that the two parties were at a leather sale in Great
Crosshall-street, when the defendant called the plaintiff a
" b—y robber," and said that he had ran away, and taken
in all the leather dealers. It was alleged that the defendant
had used the words in consequence of the plaintiff having,
some time ago, left Liverpool, and gone to New Zealand ; but,
upon his return, had taken a shop over which was the name
of Greenwood and Co., a well known firm. A witness was
called, who spoke to hearing the words used in the sale-room,
where there were at least fifty or sixty persons present. The
learned assessor, in summing up, said to the jury :—You have
heard the counsel, and you have heard the witnesses ; it is for
you to say what damages the plaintiff has sustained. The jury
gave a verdict for the plaintiff, damages 40s.
FALSE IMPRISONMENT.—FARLEY V. FORESHAW.—In
this action the plaintiff, Mr. W. D. Farley, a tobacconist,
living in Renshaw-street, was the plaintiff, and Mr. Richard
Foreshaw, machinist, of Cornwallis-street, was the defendant
The action was brought to recover damages for false imprison-
ment under the following circumstances:—ln the month of
January last the plaintiff had a pips at his window for sale ;
he saw the defendant looking at it, and in about an hour after
the defendant came in and asked to look at the pipe. When
it was shown to him lie claimed it as his own property. Tho
plaintiff refused to give it up, when a policeman (Wilson)
was called in, and said he must have the pipe. The plaintiff
refused to give it up, when the policeman, who was in private
clothes, went round the counter, laid hold of the plaintiff by
the collar, and forcibly took the pipe from him. A gentleman
said "You are a pretty fellow to come into a man's shop in
that way. Who, and what are you ?" Wilson said "I am a
policeman, and I will take you and the pipe too, if you do
not go." The plaintiff was then taken to the police office,
when the charge was entered, but he was discharged, having
produced the person from whom he had purchased the pipe.
For the defendant it was argued that the pipe was his property,
and that he had taken the policeman with him to claim it, and
attributed the blame to Wilson, who, on being
refused possession of the pipe, took the man into
custody, but not by the authority of the defendant.
Wilson, the policeman, was called, and he swore that he never
had the plaintiff in custody, hut admitted that he had said
that he should have to take the man a prisoner. In summing
up the evidence the learned assessor said that the policeman
bad no right to hold out the threat he hail done, nor had he
any right to take the property out of the chop without a
warrant, and he hoped that such practices on the part of the
police were not usual in this town, as it was extremely dan-
gerous and reprehensible. Verdict for the plaintiff, damages
£lO. The court then adjourned.

(BEFORE THE REGISTRAR.)
The Registrar sat in the Chancery Court at eleven o'clock,
or the purpose of assessing damages in the cases in which the

lefendant
gainst the©

s had not pleaded defence to the

actions brought

BRAND V. ROBINSON.—This action was brought by the
plaintiff, Samuel Brand, a publican, to recover of the defendant,
Thomas Robinson, a wheelwright, the sum of £lO 8s 10d,
the amount and costs paid over and above a debt of .£26, the
price of a van, and for damages he had sustained from having
an execution unjustly put into his house. It appeared from
the evidence of the plaintiff that he had purchased a van from
the defentant, and that he had paid for it in instalments up to
September 10th, when there was a balance due of
£lO 8s 10d. On that day he received a writ and
went and paid the amount and the costs to the
defendant. On the afternoon, however, three bailiffs went
to his house and took possession, notwithstanding that
he showed them the receipt for the money. Ile then went to
the defendant, who appeared in a great rage, and said that he
knew nothing whatever of the bailiffs being on the premises,
and that he would go on the following morning and have them
out. This promise he failed to carry into effect, the result of
which was that the plaintiff had again to pay the £lO Bs. 10d.,
to recover which the present action was brought, as well as
for the damage his character had sustained in having bailiffs
unjustly placed upon his premises. The jury returned a ver-
dict for the full amount claimed and £lO for damages.
TAYLOR V. TONER.—By this action4the plaintiff, Robert
Taylor, a scavanger, sought to recover from the defmdant,
David Jones, of the same trade, compensation for false
impri-
sonment. In this case it apppeared that about seven o'clock
in the morning the plaintiff was in Queen-square, when he saw
the defendant with a policeman. The defendant charged him
with having stolen three loads of manure, and gave him into
custody on the charge. On being taken before the magistrates,
he was remanded until the following day, when he was dis-
charged. The above facts were clearly proved, and the jury
returned a verdict for the plaintiff. Damages 205., with the
middle costs.

According to a statement published by the Prussian
Moniteur, the census taken last month shows the present
population of Prussia to be 17,178,091 souls.
THR COUNTY MAGISTRACY AND TURNIP STRALING.—On
Friday last, three women were sentenced by the county
magistrates at Stratford-on-Avon to seven days' imprison-
ment each, for stealing six turnips.
According to a correspondent of the Iford, the Emperor
of the French preserves in all its integrity, at the Palace
of the Elysee, the famous cabinet in which the coop d'etat
of Dec. 2, 1851, was prepared. Here is the secret drawer
containing the bundle of papers, orders of arrest, procla-
mations, &c., tied together, the wrapper bearing the one
word—" Rubicon."

CHRISTMAS IN TAE CRIBIEA.—A correspondent writes,
under date Balaklava, Dec. 24 :—" It is to be hoped that
all the grand folks in England are as well provided for
Christmas as we in every department are here. It does
one's heart good to see the grand preparations for the
festival. Geese, turkeys, pigs, sheep, and bullocks, are
in great plenty, and it is a charming sight to see the
steamer coming into Balaklava, garnished all round with
dead poultry, which is soon sold. The Earl of Durham
bad a string of geese hung round her. 1 am sorry, how-
ever, to say she lost on the voyage about twelve bullocks
and t,O) fowls. I fancy other vessels had lost the same in
proportion, for yesterday, off Balaklava, I passed through
quite a sea of dead poultry.

AUSTRALIANI4AIL COMPANY.-On Wednesday a meeting
of shareholders in the Australian Royal Mail Company took
place at the offices of the company. Mr. Tootal in the chair.
Mr. Henry Willis snbmitted his ♦iews as to the propriety
of employing the steamers of the company in the establish-
ing of a line between Sydney and Panama. Mr. T. G.
Taylor complained that the government offered no encour-
agement to such an undertaking. He express( d a belief
that such a line would pay without a goverment subsidy;
but he thought that as the shareholders are anxious to wind
the company up, it would be better for those who advocated
the establishment of the line proposed, to form a new conc.
pany, and purchase the steamers, which might be sold on
terms advantageous to both. Mr. Sidney Gurney moved,
and Mr. Howes seconded, a resolution condemning the
proposed line, which was unanimously carried. At the close
of the proceedings it was announced that during the meeting
a communication had been received from the government,
which will probably result in the company's vessels being
again chartered for the war service. This at once termi-
nated the discussion.