Northern Times.
Liverpool, Merseyside, England, 1859-08-24 00:00:00

AUGUST 24, 1859.

that it was owing to the personal hostility of the plain-
tiff towards to defendant that the marriage between
the latter and the defendant could not take plaoe, and
that, taking all the circumstances into consideration, the
plaintiff was not entitled to anything more than nominal
damages.

Th•~e learnedjudge, in summing up, said that the sedue-
.4.— - - • - -- ...rt. Al thA AACA"`"‘-
1...1. *Au.. aumiLieti 011 r _
the only question for the jury was the amount of

damagei.
The jury almost immediately returned a verdict for
the plaintiff—damages £3OO.

WATTS V. SH

'TTLE WORTH

This was an action to recover the sum of £2,145, in
respect of an alleged breach of agreement. Mr. Manesty,
Q.C. and Mr. Aspland appeared for the plaintiff, and
Mr. Wilde, Q.C., and Mr. Millward for the defendant.
As soon as the case had been opened, his lordship sug-
gested that it was a very proper issue for a special case
in the court above. The learned counsel on each side
assenting, the jury, under the direction of the learned
judge, gave a verdict for the plaintiff, with leave to the
defendant to move the court to have the same power to
amend as a judge in Nisi Prins, and to have power to
draw any conclusion of fact that they thought the jury
ought to have drawn if the matter had gone to them.

BARROW V. TOOTAL

This was an action of ejectment in reference to an
estate at Pendleton, in the parish of Eccles. Mr. Manesty,
Q.C., and Mr. Aspland for the plaintiff, and Mr. Monk;
Q.C., for the defendant. ; The only question was as to
the construction to be put,upon a will made in 1799, by
a Thomas Charlton. Before any evidence was .offered,
it was agreed to make the matter a special case, and to
enter a formal verdict for the defendant.
The court rose about half-past four o'clock.

COUNTY COURT

-Y ESTERDA T

[Before J. K. BLAIR, Esq., judge.]
A BREACH OP CONTRACT.—LOWE V. SIMPSON

This action wag brought to recover the sum of 41 2s. 4d ,
loss sustained by a breach of contract on the part of the
defendant. The plaintiff, Thomas Lowe, is interested
in the old St. Paul's Church Sunday-schools, and the
defendant, Thomas Simpson, is a baker, carrying on
business in Oldhall-street. Mr. Hime appeared for the
plaintiff, and Mr. Grocott for the defendant. It ap-
peared that it was the intention of the parties interested
in these schools to give the children a treat at Eastham
on the 26th July last. The previous day, the com-
plainant calitd at the defendant's shop to order some
buns, and left a memorandum for the defendant to
supply 660 buns at fourteen for Is., to be delivered on
board the-Enstham boat: at one o'clock on the day in
question. This the defendant agreed to. The plaintiff,
however, called subsequently, and he was told that the
buns would not be supplied, as the defendant had
learned that he, the plaintiff had been at Radley's, an
opposition shop. The plaintiff then said that he would
be obliged to employ a competent person to go round'
and collect the number of buns required at the different
shops, and charge him with the extra expense. This
the plaintiff was obliged to do, and the sum now sought
was the expenses he was put to. in consequence of the
breach of contract. The difference in price he had to
pay for the buns from that agreed to with the defendant
was 7s. 10d. There was also car-hire, loss of plaintiff's
time, and the allowance to the man engaged to collect
the buns. It was set up for the defence, that no agree-
ment was entered into to supply the whole number re-
quired, and that a portion was made, which the plaintiff
refused to take ; and that the words used on the occasion
were to the effect, that the best would be done to supply
as many as possible, the time being short. His honour
returned a verdict for the plaintiff for 15s.
ACTION FOR SEAMEN'S WAGES.—GODWINF. WOOD.—
The plaintiff in this action sought to recover £lOO for
work and labour done, as chief mate of the City of
Manchester, and for being unduly discharged ; and the
loss sustained thereby. The defendant was captain of
the ship in question. Mr. Carr appeared for the plain-
tiff, and Mr. Williams, barrister-at-law, for the defen-
dant. Mr. Carr, in opening the case, said the plaintiff
first sued for wages which he had earned, and then he
sued for a breach of contract, and for an assault and
battery. The plaintiff shipped at Liverpool, on the
29th of April, 1859, as chief mate of the City of Man-
chester, for a voyage from Liverpool to St. John's, New-
foundland, thence to New Brunswick, and thence to
any port in the United Kingdom. He signed the usual
articles, and proceeded upon the voyage ; but during
the voyage he was subjected to no end of abuse by the
captain. The plaintiff had been upwards of eighteen
years at sea, and had been a chief mate for five years ;
and he had been a master mariner for six years, and
held a master mariner's certificate. During the voy-
age the captain subjected him to all kinds of
degradation before the men, and had boasted
of having had forty-eight maths, and that he
would " work him off." When the vessel reached St.
John's, the plaintiff made a complaint before the magis-
trates there of abusive language on the part of the
captain. The magistrates advised the plaintiff to ge on
board again, as there were no blows struck. The plain-
tiff took the magistrates' advice. But at St. John's, such
was the conduct of the captain, that eight of the crew
ran away from the ship, and she was obliged to sail
short-handed. Of that the plaintiff did not complain,
but worked on to New Brunswick. Matters went
on until the 9th of July, when the defendant
refused to let the plaintiff remain any longer as
chief mate, and directed the steward to throw
the chief mate's things out of the cabin, and ordered the
plaintiff to go forward. The plaintiff said he was ready
to do his duty as chief mate, the capacity in which he
had shipped, but the captain refused to let him do duty
as such, and then discharged him. The plaintiff went to
a court at New Bsrunswick, for the purpose of seeing
whether he could dot get a proper discharge, and get
rid of the ship. The magistrates said they had no
jurisdiction, and told the plaintiff he must seek
redress when he got home to England, and advised
him to go on board again. The plaintiff again
took the magistrates' advice, and returned on board.
The defendant renewed his abuse and called the plain-
tiff most scurrilous names, and said he should not return
to his duty as chief mate. The plaintiff went to seek
advice from a counsellor at New Brunswick, and got into
a debt of about £6 from these proceedings, for which he
was apprehended and put into jail. About two days
afterwards, when the plaintiff got out of jail, he found
that the captain had taken his master's certificate with
him, also his clothes, &c., which he had not yet re-
covered. The plaintiff also complained that the captain
had assaulted him. The amount of wages due to the
plaintiff was £l7 :10s., having worked from 26th April
to the 9th of July, at £7 per month. He thought there
would be no doubt as to this item. He still had in his
possession a certificate stating that the conduct and
character of the plaintiff was very good on a former
voyage. The plaintiff was called to substantiate this
statement ; and stated, in addition, that OR one occasion
the defendant brought out his pistols, loaded, and used
threatening language. John Eaton corroborated the
evidence of the plaintiff, in the various points in which
he had been witness. It wits contended for the defence
that the plaintiff had forfeited his wages through his
own misconduct. With regard to the 'certificate, the
defendant could not give that up except:before authori-
ties at the Sailors' Home, and at the proper dis-
charge of the plaintiff. No such discharge had taken
place. With regard to the clothes there-twas no deten-
tion, as they had not been claimed. As'to the assault,
it was contended that no such assault took place ; and in
reference to the imprisonment, it was done under the
authority of the magistrate who adjudicated in the
matter, and that the plaintiff had forfeited all claims by
becoming a deserter from the ship, an -entry of which
had been made in the official log. The judgment in the
case was deferred till Monday.
JUDGMENT SUMMONSES.—The following persons were
committedfor non-compliance with the orders of thecourt :
Richard Cartridge, 4 Court, Kitchen-street, fourteen days ;
month. Thomas
to be
homastteenywforeed,ced
s4e3n,teDnhceektion:b4ednf-sotrreceetd, infoua meu days; rte
in a 'month. Bryan Clarke, Sandon-terrace, Beacon-
street, fourteen days; to be enforced in a month.
James Kelly, 42, Foster-street, Great Howard-street,
fourteen days; to issue in two months. John Troake,
18, College-I=e, fourteen days; to issue in a month.
Timothy Hawkesworth, 106, Henderson-street, Park,
fourteen days; to issue in a month.

HOUSEKEEPERS.--The Coffee sold by Thompson
Brothers, 5, Elliott-street, at Is. 4d., is better than you
pay Is. Bd. for at any other establishment.
HOLLOWAY'S PILLS cure headache, bile, loss of appe-
tite ; can be taken without danger from wet or Cold,
and require no restraint from business or pleasure.
They act mildly on the bowels, without pains or
griping, strengthen the stomach, promote a healthy
action of the liver, purify thp blood, cleanse the skin,
brace the nerves, and invigorate the whole system.
They prove an admirable restorative of a debilitated
constitution, creating appetite, correcting indigestion,
removing bile, giddiness, and nervous or sick head-
aches. It is impossible to speak too highly of therm
pills,

STEAM COMMUNICATION BETWEEN LIVERPOOL AND

GLASGOW.
GREAT REDUCTION IN RATES OF FREIGHT.
AUGUST, 1859.
'Unless prevented by any unforeseen occur-
b. 4, rencei the under-noted, or other steamers, are
Art intendedto sail (with or without pZots), be-
tween Liverpool anal Glasgow, with goods
- = and passengers, as tinder :

_LEOPARD Captain Hardie
HERON I Screw-steamers, now Building Captain Main.
OSTRICH Captain White.
. _ . .

114RRIE a I (s.s.), carrying Goods and
Steerage Passengers only,
from
k,apt.Eryce.
Goods Passengers
Clarence from
Dock. Stage
HARRIER This Day 24. .at 6 p.m.,
LEOPARD Thursday 25, at t 7 p.m..
LEOPARD Tuesday 30... at tl2 noan
HARRIER Wednesday ...31...at 12 noon
** Goods received at Clarence Dock till hours noted above
• For the convenience of passengers, the steamer, on leaving
the Clarence Dock, will proceed to the Great Floating Stage,
opposite Prince's Dock, and sail panotually at the above-men-
tioned hours.
Passengers are requested to take charge of their own lug-
gagQ, as the ship is not responsible in any way for its safety.
Carriages and all kinds of vehicles shipped at their pro-
Prieters' risk

August

9 p.m
3 p.m,

The owners of these vessels are not responsible for loss or in-
-0 horses, cattle, or live stock of any kind •shipped by
them.

Gunpowder will not be carried by these vessels on any terms ;
and iquafortis, vitriol, and other hazardous articles, can only
be taken by special agreement. The senders, consignees, and
owners of dangerous articles are responsible under all cir-
etunstances for damage occasioned by or to the same.
The contents of boxes and packages containing liquids must
be specified in the shipping note before shipment.
Fares ;—Cabin (including steward's fee), 15s. ; Steerage, 6s.
Servants in Cabin, full fare.
Apply in Glasgow to G. and J. Buarts, 9, Buchanan-street;
Captain Ilium MAIN, Excise-buildings, Greenock ; JOHN
WALxze, 77A, Market-street, Manchester ; or here, to
C. MACIVER and CO., 1, Rumford-street.