Northern Times.
Liverpool, Merseyside, England, 1859-07-16 00:00:00

gentium "

liberty that he undertook to liberate Italy in conjunction
with Victor Emmanuel, but for self-preservation from the
arm of the assassin, his personal safety was endangered so
long as his vow, registered in the Carbonari club, remained
unfulfilled, haunted by the manes of Orisini, he has imper-
fectly done what he has undertaken, and has given satis-
faction, we are convinced, to no party ; neither to the re-
presentatives of revived "nationalities " or to Victor Em-
manuel his ally, whose appetite hath stomach for much
more than the plains ,of Lombardy. Italy has been de-
scribed by Lord Palmerston as a geographical fact. Will
this proposed confederation give it political existence ? The
cavalier manner in which Louis Napoleon has treated his
ally, must be very galling to the proud and ancient house of
Savoy, which holds a traditional saying, that it is to ap-
propriate the kingdom of Italy to itself—piecemeal, as a
man consumes, leaf by leaf, an antichoke.

---~----

DEATH

On the 14th instant, suddenly, at the residence of her son, Wat-
inough-dreet, Everton, aged 65, Ann, relict of the late Mr. John
Balshaw., formerly of Ormskirk.

EAST LANCASHIRE RAILWAY COMPANY.--AMALGAMA-
TION WITH THE LANCASHIRE AND YORKSHIRE.—A special
general meeting of proprietors in the East Lancashire
Railway . Company was held at t
1,0 nary Station --
Thursd

13r, for thepurpose of considering the bill for amal-
gamating that undertaking with the Lancashire and York-
shire ' Company, which has passed through the committee
of the Lords : Mr. T. Dug dale, chairman of the Company,
presided; the attendance was small. Mr, Grundy, the
law-clerk, read the preamble of the bill and the catchwords ;
after which the chairman moved, and Mr. Blacklock
seconded, the approval of the bill, with the usual power to
the Directors. A shareholder asked what better chance
there was of the bill passing this session than there was
last session, when it failed. t' The Chairman said there was
much less opposition. The public generally were now
satisfied that the amalgamation would be for their benefit ;
and ail the existing opposition was on the part of railway
or canal companies. The motion was unanimously agreed
to ; and ihe proceedings terrainatal

LOCAL INTELLIGENCE.

On Wednesday evening H.M.'s steamer Vivid arrived in
the Mersey With the Royal Commissioners on Lights.
Admirals Hamilton and Ryder, and S. R. Graves, Esq., of
this town, were on board. They inspected the various
lights connected with the approaches to our port, and were
yesterday engaged in taking evidence. The masters of
vessels of the Cunard and other companies were examined,
as well as several of the steam-tug and pilot masters. The
Vivid left yesterday (Friday) afternoon for the North of
Ireland and. Scotland, and we understand will go round
both coasts.

TOXTETH BOARD OF HEALTH. Yesterday, an annual
meeting of the rate-payers of the rural district of Toxteth
Park was held in the public offices, Park-road, for the pur-
pose of electing Commissioners of Health. Mr. John
Rogers occupied the chair. , The following gentlemen were
elected :—Mr. Timothy Jevons, J. R. Darsie, Geo. Walker,
John Hargreaves, and J. 0. Strafford. The meeting then
separated.
ZOOLOGICAL GARDENS.---The numerous and changing
attractions at this excellent place of amusement continue
nightly to draw large numbers of pleasure-seekers, and the
enterprising proprietor continues unabated in his endeavour
to gain public patronage. Great success has• crowned
the performances of the talented Vaudeville Company.
Throughout the week there has been changes of perform-
ance, and last night was played the little comedy of " Time
tries all," which was warmly applauded. In connection
with these Gardens, a great treat is in store for the public.
On Monday, the 25th inst.; and during the remainder of
the week, a grand flower and poultry. show, and Parisian
fancy fair, will be held, under distinguished patronage, and
which, we have no doubt, will draw immense crowds.
CORONER'S COURT. Yesterday, before John Wybergh,
jun., Esq., deputy coroner, an inquest was held on the body
of a man named Henry Truth, a seaman on board the An to
Saxon, now in Wellington Dock. The deceased met his
death under the following circumstances. On Wednesday
morning last, he was engaged aloft, and was depending
upon a piece of old "lead line." The line broke, and the
deceased fell about fourteen feet to the deck, and his head
caught the iron shackle of the anchor, breaking his skull,
and inflicting a large wound across the•right ear. The de-
ceased died on Thursday morning, at eight o'clock. It ap-
peared that a boatswain had cautioned the deceased from
using the ," lead line," as it was not, he considered, suffi-
ciently strong enough to support his weight. The deceased,
however, used the rope, notwithstanding the caution. The
jury returned a verdict of " Accidental death," but they
considered that blame was attachable to the boatswain for
allowing the deceased to use the rope.

NEW-PATENTS.—The following 13ritish patents (amongst
others) have been sealed during the week ending the 12th
instant :—J. T. Forster, of Kensington, " Improvements in
bed berths, applicable for bunks,, hammocks, cots, and other
fixed and moveable sleeping places." Mr. Oliver, of Shad-
well, " Improvements in boats and in the mode of propelling
them." John Peter Booth, of Cork, " Improvements in
ventilating ships." D. E. Hughes, of New. York, "An
improved mode of insulating electrical conducting wires."
Dana L. Banks, Kensington, "A method of constructing a
travelling suspension rail or road way, applicable among
other uses as a bridge and lifting agent." John Grist, Old-
for, Middlesex, " Improvements in machinery for cutting
and shaping staves and heads for casks, and of manufacture
of casks." Ebenezer Partridge, Stowerbridge, "An Im-
provement in the manufacture of pipe' boxes for cart and
waggon axles."—Communicated from the Patent Offices,
4, Clayton-square.

LIST OF PASSENGERS PER THE PERSIA FROM NEW
YORK.-Mr. B. Piffel, Mr. R. J. Turnbull, Mr. and Mrs.
Neil and Son, Mrs. Nevin, Mrs. Foley and daughter, Mr.
and Mrs. 'S. S. Swarey and son, three children, and servant •,
Miss Harris, Mr. and Mrs. H. W. Field, two children, and
nurse ; The Missses Almayrs, Mr. and Mrs. Henriques,
Miss Emily Henriques Miss Eliza Henriques, Mr. and
Mrs. Fletcher and daughter, Mr. and Mrs. Sidney Brooks,
Mr. H. Taylor, Mr. and Mrs. Owen Jones, Mr. Thomas
Primrose, Mr. Buckman, Mr. C. Stachelin, Mr. Schalthess
and Mrs. Warley, Mr. John Mayne; Dr. T. W. Toley, Mr.
Willing, Mr. J. Y. Echevema, Mr. De Almagros Mr. F.
J. Hilton,. Mr. F. Berger, Mr. M. Renfrew, Colonel W.
Clarke, Mr.. and Mrs. W. M. Gayland, and Mrs. Froule-
vante, Governor and Mrs. Hebert, Mr. T. Hackis, Mr. J.
Watson, Mr. and Mrs. C. J. Stitte, Miss Dallas, Miss Van-
derment, Mr. W. H. Ross, Hon.. John Robinson, Mr. G.A.
Wilcox, Mr. D. H. Wilcox, Mr. Henry Williams, Mr. E.
Reilly and child, Mr. and Mrs. H. G. Chapman, Mr. James
Gilmour, Mr. G. J. Wentworth, Mr. and Mrs. Morris
Arnold, five children, and nurse ; Mr. Alexander Duncan
and man servant, Mr. M. Arriza, General Comonfort, Mr.
and Mrs. Jromy Van Wast, Mr. Irvin.. Van Wast, Mr.
Arnis Van Wast, Miss S. M. Ethsin? Mr. 0. Grossbeck, Mr.
Rhodes, Mrs. Angie,Mrs. John A. Green, Miss Jemima

Green, Madame Fe lime, Mrs. Everett, Mr. Charles Overy,
Mr. F. Agard, Mr. S. Collins, Mr. C. F. Holladay,
Mr. Daniel S. Taylor, Colonel D. D. Mitchell, Mr.
W. Renshaw, Rev. M. Anderson, Mr. Thomas R. Price,
Mr. Archer Anderton, Mr. J. F. Broadwright, Mr. R: R.
.Hutchinson, Mr. and Mrs. Ernest Noel, Mr. and Mrs.
George Eustis, and servant, Miss F. Temple, Miss Ken-
nedy, Mr. and Mrs. George M'Henry, Mr. R. M'Dowell, Mr.
James Mayne, Mr. 0. B. Graham, Mr. Francis Wood, Mrs.
H. Habbitt, Mrs. George H.' Hazlehurst, Mrs. Thomas
Selvin, Miss Murray, Mr. James R, Mr. James P. Cabanni,
Mr. G. Sthramer, Mr. G. H. Hazlehurst, Mr. L. L. Butler,
Mr. O'Gorman, Mr. D. D. M‘Voy„Mr. Thomas Slevin,
Mr. H.- B. Blanchard, Mr. A. Dubue, Mr. J. de Zulueta,
four children and servant, Mr. John Nicholson, Mr. E. 0.
Hornby, Mr. H. S. Ravenshaw, Mr. P. D. Martinez, Mr.
J. G. Delgade' Mr. and Mrs. H. G. Otis, Mr. H. F.
Goyri, Mr. A. F. Perry, Count de Aleza, Mr. James Stine,
Mr. and Mrs. C. D. Stewart, Miss Stewart, Mrs. Blucke,
Mr. Wm. Muir, child and servant, Mr. and Mrs. E. Mason,
Mr. A. R. Trotter, Mr. John B. Moore, Mr. J. A. Picke,
Mr. Geo. J. Plant, Mr. J. Jardine, Mr., H. W. Allen, Dr.
J. S. Coleman, Dr. Paul F. Eve, Mr. S. A. Smith, Mr. J.
Hale, Mr. F. Ashworth, Mr. A. Ashworth, Mrs. Eve and
daughter, Miss McEwen, Captain and Mrs. Alex. Brothon
and two daughters, Mrs. M. 0. H. Norton, Mrs. J. P.
Benjamin, Miss Clara Norton, Mrs. I. W. Hewitt, Mr. and
Mrs. H. Schieffelin, Mr. F. S. Hoeberg, Mr. F. Hinkelman,
Hon. S. Benardsley, Hon. W. Peckham, Mr. Jullien and
child, Mr. and Mrs. Dorsey, Miss EMS, Miss Dorsey, Mr.
E. Johnson, Sir Geo. Bonham, Mr. Jas. Ridgely, Mr. Chas.
Ridgely, Mr. E. A. Toole, Mr. M. Joseph, Mr. J. Grippett,
Mr. Job 'Groesbeck, Hon. John Van Buren, Mr. Duncan,
Mr. Shelby, Mr. R Gillott, Mr. A. Gillott, Mr. E. Ridley,
Dr. J. P. Powell, Mr. M. Jackson, Mrs. John Ridley,
child and servant, Mr. H: E. Johnson, Mr. T. W. Robinson,
Mr. John A. Turnele, Mr. Luorey, manservant, and Mr.
C. W. Butt. Total, 227. Specie, 753,750,02 dols.

THE LATEST NEWS.

THE PEACE

We have received the following telegram from our
own correspondent :

VIENNA, Thursday Evening.
The Emperor left Verona for Vienna at three this
morning.

Count Rechberg arrived here at eleven a.m.
Peace must be considered concluded, as neither
ammunition nor reinforcements are now sent to
Italy.—The Times ( Second Edition).

(BY✓ TELEGRAM THROUGH MR. REUTER'S OFFICE.)
PARIS, Friday, July 15.

The Moniteur of to-day contains theefolloing

DESENZANO, July 11.—The Augsburger Allge-
meine Zeitung alleges that the cause of the armistice
is the existence of a dangerous malady in the French
army ; but to this we can give a formal denial. The
sanitary condition of the French army is excellent,
and exceeds even the hopes which could have been
entertained, from the fatigue and heat which it had
to endure.

The Moniteur also contains the usual monthly
return of the Bank of France, which shows the
following results as compaired with the June ac-

count

Decreased

Cash.. ..
Bills discounted not yet due
Advances..
Current accounts ..
Treasury balance ..

11 1-5 millions

27 3-5

Increased

Bank notes

63 1-7 millions

LONDON GAZETTE,

BANKRUPTS

Thomas Isaac James Sloper, Church-street, Marylebonc

oilman.
Henry Oppenheim, Old-street Road, St. Luke's, timber
merchant and auctioneer.
Thomas Robert Dawson, Colchester, tailor and draper.
Alfred Bower Blankami, Fenehurcli-street, merchant.

BANKRUPTCY COURT

BEFORE MR. COMMISSIONER PERRY

IN RE TODD AND TODD.—These bankrupts Were corn ana
commission merchants in Newry, and more recently in Liver-
pool. This was a petition by two creditors of the bankrupt
that the adjudication of bankruptcy made against thou
might be annulled. The petition was heard on TuesdaY•
Mr. John Yates, junior, appeared in support of the petition-
Mr. Jenkins for the assig,nees, and Mr. Martin for the bank
rupts. His honour delivered the following judgement yes-
terday :--

This petition, which was opened by Mr. Yates, the solicitor
for the penitioners, Messrs. Browne and Ogle and Mr. Gordon,
prayed that the petition for adjudication of bankuptcyagaivast
the bankrupts. Mary Todd and William Waddell Todd,
might be dismissed and the adjudication annulled, with costs
on the following grounds—First, that it was a petition pre-
sented by consent and collusion with the petitioning credi-
tor, and that there were no assets to distribute ; second, that
it was for an object foreign to the bankrupt laws, being in-
tended to relieve the bankrupts from an execution at the
suit of Messrs. Browne and Ogle, two of the petitioners, and
not to benefit general creditors, among whom there was
nothing to divide ; third, that it was presented in fraud of
the 17 and 18 Vie.; c. 119, s. 20, which requires a trader, if
petitioning himself, before adjudication of bankruptcy, to
make it appear to the satisfaction of the court that his avail-
able estate is sufficient to produce the sum of £l5O-at the
least ; fourth, that it was a bankruptcy originating in the
sole purpose of defeating an action ; and fifth, that the
whole affair from the commencement to its termination,
went to show a simple fraud. It appears by the evidence
that on the 3rd of January last, Messrs. Brown and Ogle
commenced an action against the bankrupts to recover $
a debt of £39 16s 11d., to which action the defendants
pleaded, and notice of trial for the late LiverpOol assizes
was served ; that on the 15th of March, the bankrupts,
by their attorney, Mr. Jenkins obtained a judges order
to stay all further proceedings in the action upon
payment of the debt and costs, on the 10th of April
there next; that on the Bth of April a petition for
.
adjudication of bankruptcy was presented by Joseph, Todd,
who is a son of Mary Todd, and brother of William Waddell
Todd,' on a claim for a balance •of wages accruing from
1852 to August, 1857. The act of bankruptcy was an
assignment, for the benefit of creditors, bearing date the
11th day of March last, that is, four days before the
judge's order was obtained, as if to provide against
- the consequences of the possible refusal of that order-
The concert is not denied, though it appears that
Mrs. Todd had, in the first instance, objected to being
made a bankrupt, wishing her son to settle with Messrs.
Brown and Ogle. It is contended, however, and the law ik
so, that by reason only of concert no petition for adjudica-
tion of bankruptcy can be dismissed: Bit the case of a
parte Caldcott, 4 Dracon, 264, is an authority for the p
sition that where concert existed, and the object of the fiat
was to serve the bankrupt's own purposes, and not to bene-
fit his creditors, as where there there are litele or. no assets
to divide (in that case the assets were only £180) the fiat
will be annulled. In ex parte Gaitskell, 3 Dracon, the fiat
had been sued out to defeat a judgment creditor, and the as'
assets did not exceed £lO. Sir G. Rose there said,' "It is quite
obvious that this fiat is taken out for no earthly purposebut to
give the bankrupt his certificate, and to deprive the peti-
tioners of :the fruits of their judgment. There has been
an abuse of the process of the court ; the fiat must there-
fore be cancelled, notwithstanding the sufficiency of the
usual requisites." In ex parte, SmallcoMbe in the -matter
of Smallcombe' 7 Jurist, 708, which was among the' cases
cited by Mr. Yates,says, ates the chief judge " The docket was
stria by the bankrupt's attorney, who' has Stated' that he
considered that the bankrupt was an honest man, and
that he issued this fiat to prevent the bankrupt from being
sent to prison." An admission that the petition was pre-
sented to save the parties from gaol was- made'
by Mr. Jenkins, he being the attorney of the
bankrupts in the matter of the action. In ex parte
Smallcombe the fiat was set aside. So, in ex party
Norton, in the matter of Wood and Norton, 8 " Jurist,''
965, a fiat, which had issued against the partners in-order
to set aside a deed of arrangement between them and their
creditors, was cancelled, as being obtained for an object-
foreign to the purposes of a fiat. Also, in ex parte Feitte
and. Sands, in the matter of Wollaston, the Fonblanque's
cases referred to by Mr. Yates, where the bankrupt has
traded at the. Cape of Good Hope, and became an, insolvent
there, under the insolvent law of the Cape, in the
year 1847, afterwards, the bankrupt having, long ceased
to trade, a petition was presented in this country on
the 21st January, 1852, Mr. Commissioner Gmilburn
annulled the adjudication. He said—" The' bank'
g
rapt was insolvent at the Cape, according to the law of
of that colony, and all his estate became vested, under the
, .

sequestration,' in the proper officer and trustees. He has
not traded since that tune„ and a declaration of insolvency
(which was an act of bankruptcy in that case,) cannot be no
act of bankruptcy when filed by a person who is not 9.
trader under the statute. The adjudication does not seen
to have been for the benefit of creditors, but for releaiing the
bankrupt, against whom an action had been brought... The
amount of assets is, not to' be considered as a general rule:
but when they are not sufficient to make a dividend, 0
in the present case, where the debts amount to mall
thousands, that fact ought to weigh with the
Court to show the intention of the position for adju-
dication." The reasoning in this case is in favour of an-
nulling the adjudication in the present case, though the
decision rested mainly upon another ground, viz., the want
of a valid act of bankruptcy. Mr. Yates adverted to this
case for another reason—viz., that the bankrupts' trade had
been carried- on while they were living in Ireland, from
which they have been absent for more than a twelvemonth-
Their debts, while in Ireland, appear by the balance sheet
to be, to unsecured creditors, £1268 Os. Bd. ; to creditors
holding security over and above the securities, £2001; and
their liabilities about £2780 ; making £8539, or thereabouts,
of obligations, to meet which their is a possible sum of £4O
of debts to be collected. In opposition to the 'petition no'
affidavits were filed ; but Mr. Joseph Todd's examination was
taken, principally for the purpose of proving that an offer
had been made by a Dr. Johnson of £155 for certain shares
in the Newry Navigation, in respect of which, since the'
bankrupts were last before the court, a vesting order had
been granted, in consequence of the shares remaing 'regis-
tered in the name of William Waddell Todd, and also for
the sake of showing the nature of Mr. Gordon's claim'
a°ainst the,bankrupts, which was as a party liable upon s,
bill of £450, which he had accepted for the accommodation
of the bankrupts. Mr. Jenkins, as solicitor for Mr-
Joseph Todd, the assignee, argued that Messrs. Brown and
Ogle were not entitled to any consideration on the part of
the court. As solicitors to the bankrupts' family, they had
brought an action against the bankrupts, the fruits
of which they were desirous of obtaining 11
the present petition. That as to the charge of concert- aild-
nNoewy
assets,N athviagtatfiaoilae,d,wfhorichtheit awssaests sharespwreorveedtenwouid
in the'
£155, and there was no evidence of main fides in the pre-
sentation of the petition. Mr. Martin, as solicitor for the
bankrupts, contended that Mr. Gordon had no locus standi
as petitioner, for when a surety, which was his case, pays
produce
part of the debt, and not in satisfaction of the whole, he
has no right of proof, and more especially when the security,
as it did here, remained in the hands of the creditor, and
therefore could not be a party to such a petition as the pre-
sent ; that concert was not of itself sufficient to warrant
the annulling of an adjudication ; that admitting concert,
he denied that there would be no assets, for there were
shares for which £155 had beeh offered. Now, with
regard to the objection to Mr. Gordon as petitioner,
that he is not in a condition to prove his debt, it is a fact
established by the evidence of the assignee that he has paid
£lOO for the bankrupts in part of a bill on which he had
become liable for them. To that extent, therefore, he. is a
party aggrieved by the adjudication of bankrupt, and as
such, is entitled to be heard on the question of annulling
the adjudication. As to the shares in the Newry Naviga-
tion, independently of the fact that they are not in, any
way shOwn to be the joint property of the bankrupt,.
the rights to them, or to the value of 'them, is subject to-
a decision in a court of law, and therefore they can-
not be treated as available property ready to be
_pro-
duced within the meaning of tha 17th and 18th Victoria,
chapter 119 s. 20, which requires the amount of £l5O to be
shown before adjudication. Looking also to other parts of
the case, we find that the same solicitor has been employed-
in the two characters of solicitor for the petitioning creditor
and solicitor for the bankrupts, which is a very material
feature in the case, as bearing upon the question whether'
these proceedings were instituted for the mere purpose of
clearing the bankrupts of their liabilities ; and we find lira
a witness to the deed constituting the act of bankruptcy,
executed four days before he obtains the judge's order
staying proceedings in the action. Upon the whole, I can-
not but consider that these proceedings in bankruptcy
were, as the petition alleges them to be, concerted with the
bankrupts, and without the intention of doing more than
obtaining for them a discharge from their debts, and not
with an honest desire of benefiting their several creditors
and I am therefore called upon to dismiss the petition of
adjudication founded upon it, and to direct that Mr. Joseph
Todd, the petitioning creditor and assignee, and Mrs. Todd.
and Mr. Waddell' Todd do pay to the present petitioners
their cost of this petition, to be taxed in the regular course.
Mr. Martin said as this decision was of consequence to
his clients, he had consulted with. Mr. Jenkins, and had
determined to appeal. He would therefore ask the court to
fix the amount of deposit.—His Honour fixed £25 for the
bankrupt, and the same for the assignee.