The Northern Daily Times.
Liverpool, Merseyside, England, 1853-12-17 00:00:00

COUNTY COURT.--YESTERDA.Y.

(Before JOSEPH POLLOCK, ESQ., JUDGE.)

The Court sat at ten o'clock yesterday.
EDWARDS v. ROWLAND.—This was an action brought by
the plaintiff, who is a butcher, in Scotland-road, to recover
£1 10s. the value of a shawl, which was pledged on the
10th of June last with the defendant, who is a pawnbroker.
It appeared that on the 29th of November, the shawl was re-
deemed, when it was found to be full of holes, and the ac-
tion was accordingly brought to recover the entire value of
it. On the part of the defence, it was alleged that all due
precaution had been taken to preserve the property, and that
therefore, the defendant was was not responsible for it. His
Honor examined the shawl, and said that the holes appeared
to have been caused by some acid. The case was there-
fore adjourned for the ',production of evidence upon that
point.
RADFORD V. REAsox.=-This- was an action brought by
Mr. Daniel Radford, as treasurer of the Saint Martin's
church schools, to recover 1 4s. from Mr. Thomas Reason,
for two quarters' tuition of his son at those schools.
His HoNon : I cannot see what right you have to
mis.
PLAINTIFF : I am treasurer of the schools.

His HONOR : Ido not know that that gives you any right
to sue. These schools are not under any act of parliament.
The master may have a right to sue. To whom are the pay-
ments made ?
PLAINTIFF : To the master. .

His HONOR : Is there any evidence of a contract
made between you, as treasurer of those schools, and the de-
fendant ?

PLAINTIFF : I do not think there is :
His HoNon : What are your duties ?
PLAINTIFF : My duties are to collect the subscriptions.
His HONOR : Collect the subscriptions from whom ?
PLAINTIFF : From the parties who subscribe in aid of the
schools. This is a commercial school, which is just the
same as any other commercial school.
His HONOR : Does the schoolmaster hand over any ba-
lance to you?
PLAINTLev : He does not.
His HoNon : I do not see any possibility of sustaining
the action in this matter. _ _ _

-- -
A pupil teacher of the school was examined, and deposed
that defendant's son was at the school for two years, and
that he had paid all except two quarters, at 12s. a quarter.
Never was present when defendant was applied to for pay-
ment. The master who taught when defendant's son was at
school was named Davis; he had since left the school, and
gone to Gloucestershire.
His HONOR : Mr. Radford, it is clear that the action
must be brought in the name of the master. There is no
contract shown by you at all. It is an action on a contract,
which means if you teach my child I will give you 12s. a
quarter. You never made any contract with the child's
father. I cannot give you a verdict to-day, but I will grant
you a new summons in the name of the master, and upon the
evidence you will be entitled to a verdict.
BRANDRESS v. CorrlEß.—This was an action for rent,
and the defence was that defendant had tendered the money,
provided he got a stamped receipt, which plaintiff refused
to give.
His HONOR explained that the receipt having been re-
fused was not a defence for non-payment of the money.
But if a man paid money to another, and required a receipt,
he had a right, after paying the money, to take a receipt with
a stamp on it, and require the person to whom the money
was paid to sign it then and there, and require him to pay for
the receipt, and if the party did not do so he was liable to a
penalty of £lO. In all cases, where the sum of money due
amounted to £2 and upwards, a receipt might be de-
manded• after the money was paid, and if the party refused
to sign the receipt and pay for the stamp, he was liable to
that penalty. His Honor impressed this point upon the
defendant, as it was one upon which, he said, considerable
misapprehension existed in the minds of many persons.

TILE PRESTON STRISE-MEETING OF
LONDON DELEGATES.

On Thursday night delegates from various trades in
the metropolis met again at the Bell-inn, Old Bailey, for
the purpose of taking steps to render effectual aid to the
Preston operatives now on strike ; Mr. Green, of the na-
tional association of united trades, being in the chair.
Mr. GREENHOUGH, delegate from the spinners at Preston,
handed in a report of a meeting of delegates held at Preston
on the 11th inst., addressed "To the handmule spinners, self-
acting winders, twiners and rovers of Lancashire, Cheshire,
Yorkshire, and Derbyshire," at which thirty-five delegates
attended from twenty-five districts. _ _

The .Ll%stance of this report has already appeared in the
NORTHERN Dial., TIMES. Statements were made to show
that the Preston hands we.. worse paid than those elsewhere,
and that the proceedings of the Mitzt.'S had been arbitrary.
It was also stated that the smaller masters or Proutnn would
agree to the operati res' terms.
Among the subscriptions announced were £25 from the
carvers and gilders, £lO from the coach wheelwrights, £lO
from the goldbeaters, and £lO from the finishing carpenters.
Many sums of smaller amount were particularised, but no
statement was made as to the aggregate pecuniary result of
the week's agitation.

COURT OF CHANCERY.-THURSDAY.

BEFORE. THE LORD CHANCELLOR AND THE LORD JUSTICE

TURNER.

Ex parte Neilson in re Edmond, Bankrupts.—The argu-
ments in this case have already appeared in our paper.
The Lord Chancellor gave judgment on the appeal. The
question raised by the petitioner was whether the Messrs.
Neilson, sharebrokero, in Liverpool, could sustain a sale in
the market of scrip in an insurance company, when the sub-
scriber of the scrip had not made himself a member by ex-
ecuting the deed of settlement. The consideration which
his lordship had felt bound to give the case since Tuesday
had not altered an impression he entertained from the very
first, that there was no difference between law and equity in
the principle which ought to decide it. The legislature, in
his view of the construction of the case, appeared to have
made it imperative that the person selling such shares should
have subscribed the deed of settlement. It was said that
there was much obscurity in the language of the act, and
some confusion in the use of the words shareholder and sub-
scriber. His lordship admitted that there was some in-
appropriateness in the use of terms, and that in some parts
the act was worded, he might say, incautiously ; but in the
latter part of the 26th section, which especially ap-
plied to the case, there could be no doubt, for
it says that " until such joint stock company shall
have obtained a certificate of complete registration,
and until any such subscriber or person shall have been
duly registered as a shareholder in the said registry office,
it shall not be lawful for such person to dispose by sale or
mortgage of such share, or of any interest therein ; and
that every contract for sale or disposal of such share or
interest shall be void, and that every person entering into
such contract shall forfeit a sum not exceeding L 10." Here
there was no ambiguity whatever, for it appeared plain
that the legislature thought such contracts injurious to
trade, and it therefore not only declared them void, but sub-
jected those who entered into them to a penalty. The court
was bound to give effect to the policy of a law so plainly
enunciated. Whether the petitioners could enforce their
claim by an action at law, or whether they could succeed in
their proof against the bankrupt's estate for the damage they
sustained, were questions it was unnecessary for his lordship
to enter on. The brokers could have no better right than
the principal who employed them to sell the scrip. He had
no nght to sell the shares until he executed the deed, and in
this view of the case his lordship thought the appeal must
be dismissed, and with costs.
The Lord Justice Turner concurred. In his opinion the
view the court took of the particular case before it was in
harmony with the whole policy of the act. The legislature
plainly intended that the public should know who were the
partners in a company before any dealing was permitted in
its shares. That was the object of the 26th section, and the
judgment of the Vice-Chancellor was perfectly right.
Appeal dismissed with costs.

William Bedmead, a travelling clerk to Messrs. Russell
and Co., corn merchants, King-street, borough, London, is
committed for trial for embezzlement.
An explosion of fire damp occurred a few days since, in a
pit on the side of the Forth and Clyde canal, by which
three men were suffocated; two are not expected to survive,
and four others are more or,less injured.
THE HOLIDAY. —The London tradesmen have very gene-
rally given notice that they will not open their shops on the
26th instant.
BANE OF ENGLAND. —The quarterly meeting of the
proprietors of the Bank of England was held on. Thursday;
Mr. J. G. Hubbard, governor, in the chair. There was no
business before them, and after reading and confirming the
minutes of the last meeting, the court adjourned.
Giovanni Dominic Bonovino, an Italian, met his death in
London a few days since, in a scuffle with an Irishman,
named Eames. The jury returned a verdict of "death by
misadventure."
ComasioN ON THE GREAT NORTHERN RAILWAY.--A col-
lision took place on this line on Thursday, at Stoke, six
miles south of Grantham. The collision occurred half-way
through a tunnel, and appears to have been caused by the
carelessness of the driver. Several carriages were broken,
and one mau injured, but not fatally.
A ship's crew from Whitby very narrowly escaped death
during the late fogs caused by the spontaneous combustion
of the coal on board.
SHOPLIFTING EXTRAORDINARY.—Mrs. Bathia Webb, of
Great Bentley, and Miss Elizabeth Holby, of Thorp-le-
Socken, Colchester, respectably dressed and connected per-
persons, and sisters, were on Saturday placed at the bar,
charged with committing a series of robberies—of veils,
stockings, hankerchiefs, ribbons, &c.,—from tradesmen's
shops. Several cases were deposed to by the shopkeepers and
their assistants, and Many of the articles taken were pro-
duced by the policeman, who found them at the prisoners'
lodgings. It appeared that, on seeing the things discovered
in the hands of the policeman Mrs. Webb declarid she was
innocent of the thefts, and Miss Holby said, "I alone am
guilty, I alone am responsible--rny sister knows nothing
about it." The prisoners were remanded to Thursday, to
complete the depositions, and bail was refused.—Eastern
Counties Herald.