Northern Times.
Liverpool, Merseyside, England, 1860-01-20 00:00:00

MERSEY DOCKS AND HARBOR. BOARD.

Mr. 'Charles Turner presided at :the usual. :we5lOY
'
meeting of the Dock Board, yesterday, and the other
members present were Messrs. Smith,'laird, Farnivorth,
Tobin, Derbyshire, Mondel; Moss, Inman, Rankin, For-
wood, •Graves, Hubback, Seger, :Bushell, Langton,
Arnold, Shand, Boult, Lockett, and 13rocklebank.

WOBIEB COMMITTEE.
The proceedings of the Committee of Works 63m-
prised a recommendation to accept the tender of Mr..
Adam Highton for supplying milled sheet lead for
general purposes ; also, to accept the tender of Messrs.
Vernon and Son to supply four wrought-iron mooring
buoys for the Canada Deck, at a cost of £216 each.
A report was read upon the state of the telegraph
cable between George's Landing-stage and Woodside,
the relaying of which has been suspended. The follow-
ing is the report :

Harbour Master's Office, Liverpool, 14th Jan., 1860.
Sta.—Yesterday I commenced relaying the cable from the
South Landing-stage, and when about half-way across the
nver the 171/11A1 the cable was coiled upon broke down; and a
considerable length ran out, leaving me with too short a piece
to reach Woodside-slip, consequently I was obliged to pick the
whole up again.
This morning everything.vhts ready for another attempt at
slack water ; but, after passing the end nnder the stage, I could
not pass a current through it. I shall have to examine it
minutely to ¶nd out where the defect or defects are, and I am_
afraid there may be more than one, as the cable is so strained
throughout that I- should not be surprised if the conducting
wires are damaged in many places, notwithstanding it teitecr
perfectly after the repairs made the other day. It is in such a
state that even had it tested properly this morning I should
not have been iarprised had it given.out before getting across.
—I am, sir, your obedient servant, :Jonx S. GISBORNZ.
John-B. Hartley, Esq. •
On the recommendation'of the engineer, the bridges
over the western entrance to the half-tide basin at the
Canada Dock' Were ordered to be dispensed with.—lt
was ordered that tenders be invited for the supply of
Quebec timber, and that American •Rock elm and Baltic
timber be purchased through the brokers, Messrs.'Dun-
can, Ewing, & Co.
Mr. BROCIS.LEBANK, in moving the :confirmation of
the proceedings, said, the committee ethought it most
desi able, seeing the great number of mishaps that had
occurred to the cable, that further steps, in reference to
the laying of it, should be suspended, and the sense of
the Board taken as to the next course ft would be desir-
able to pursue. He thought it would be impossible to
lay the cable in the position that it had previously been
laid in.
Mr. 13'irsirtm. said he held in his hand a letter, which
came to him from such good authority, that he thought
perhaps the Board would allow him to mention—that
Mr. Lindsay, of Dundee, bad an invention, by which-
he could transmit the electric fluid through -the Water
without either -chain or cable. Mr. „Lindsay was well
known in Dundee as a man of great -practical' Science,
and be had sticceeded'there in passim' the Laid across
the Tay, a distance of half a mile. He. (Mr. Bushell)
could vouch for Mr. Lindsay's respectability and skill ;
and as the cosh of the experiment would not exceed 420,
he believed probably an oportunity might be given Mr.
Lindsay to, demonstrate his invention. ' -
Mr. LAiun'asked whether the result-of the confirma-
tion-of the proceedings would be to prevent the cable
being laid again.
The Ci-Luaiwax said the Works Committee had re-
solved not to do anything further in reference to the
cable, without further instructions from the Board.
Perhaps the Works Committee would consider whether
they could not make some further proposition in re-
ference to the matter.
Mr. BROCTiLEBANK said the. Condition of the cable
was such that it was very doubtful whether it would be
fi; to.lay down or not, or whether a new one might not
b ) *lured which probably: wiruld very soon be in the
sime:"condition as the last. The Committee might see
wheehO they could not make-• some arrangement with
the .tirkenhead Railway Company to carry the. Dock
Telekrao round by Warrin&ton. From what he had
beard he believed it was possible that some arrangement
might be mrde with the railway company, so long as the
board did not. charge for messages, to earry the Dock
Telegraph Wires along their line fOr a small rental.
Mr. LAIRD.—Then the subject is not dropped, but
will again be reported on.
The CHAIRMAN said the matter would be considered
_ _

by the Marine Committee, with the addition of Mr.
riubbacV and Mr. Brockleba.nlr, who were th,e corn-
' mittee to whom the telegraphic question was referred
originally, and would be reported upon.
Mr. FORWOOD asked whether the committee would
consider the question of laying the cable over any other
part of the river ? •
The CHAIRMAN said the whole matter was left open.
After a few words from Mr. Smith, in explanation of
the position in which the matter now stands, the pro-
ceedings were confirmed.
WAREHOUSE COMMITTEE.

The proceedings of this committee were read. A
letter from Richard Newall, addressed to the board,
claiming compensation for -a horse belonging to him,
which he alleged had been drowned in consequence
of the open state of the quay of the Stanley Dock, was
referred to the committee.
On the motion of Mr. Hubback, seconded by Mr.
Arnold, the proceedings were confirmed..,

MARINE COMMITTEE.

, .
•
Mir. ARNOLD—I thought we already had power: to
inflict a penalty of:15.
The Qualaa.T.A.N--.Yes, if you pare a bye-law to that

effect.

CONIHLINICATIOSS Fito3l THE WATCH COMMITTEE..

A letter from the Town-Clerk was read, enclosing
three reports which had been submitted to the Watch
Committee of the. Corporation, and by them directed to
be sent to this board.
The first report-was fronrMajor-Greig, head-constable,
as to placing fire-reels and other apparatus; at the south-
west corner of-the Canada DoA, for 'the better ex-
tinguishing of fires in that -locality, and it was referred
to the tEngineer fora report.
Superintendent Ryde had made a second report which
called attention to the fact that an office was required
for the badge porters' inspectors on the north landing-
stage. This report was referred to the Marine Com-
mittee.
In the third report, which was a communication from
the lighting inspectors, on an application to the Watch
Committee for the better lighting of the thoroughfare
between the George's Dock and the baths, the inspectors
suggested that a large lamp should be placed "in that
locality, to the expense of which the Dock Board should
contribute. This report was referred to the Docks and
Quays Committee. • •
SWEEPING THE QUAYS.
A letter signed by several master-carters was read.
,The writers had heard with -regret that the board,had
given to Mr. William Rose-the contract for the removal
of sweepings from the doekquays, which Mr. Richard
Pickering had held- for a number of years, without the
eontractbeing open to public cotnpetition—The letter
vrai referred to the Docks and Quays Committee. -
THE NEW 'RUSES ON THE DOCK RAILWAY.
Messrs. Gates and Dolby, and Messrs. Busby, omni-
bus proprietors, wrote to the board on the subject of•the
. board's proposal to charge them a toll for the use of the
Dock Railway, of Is. per journey, per 'bus. This
amount, it is contended, equals a tax of 100 guineas a
.year for each 'bus using the Dock Line of Railway, will
make the speculation a much less. profitable one than it
ought to be, and would amount to .a prohibition of the
further use of the patent tramroad -'buses. The letter
was referred to the Works Committee.
ACCOMMODATION FOR THE TIMBER TRADE AT =JUN-
, HEAD.
Messrs. Crowe and Williams, of Birkenhead, wrote to
the board, asking for accommodation to be provided for
them that they might land timber at Birkenhead. At
present no such accommodation was given to them, and
inconvenience resulted to them in consequence. The
letter was referred to the Works Committee.
THE TELVORAPII OVER THE MERSEY.
A letter . was read from Mr. William Craig, of
Douglas, Isle of Man, suggesting that, to prevent acci-
dents to the cable across the Mersey, it should be carried
over the river suspended from tall poles on each side
the poles to•be so high that ships could pass under the
wire.without coming inn contact with it'. (Laughter.)
This was the' whole of the general business hefore the
board.

The proceedings of this committee included a recom-
mendation to accept the tender of Messrs. Ogden &
Barnes for constructing an iron belfry for the bell-beacon.
An interesting report was read of the operations upon
wrecks in the river by the marine surveyor and water
.bailiff during the. past week. A summary of wrecks
during.the last five years was laid on the table for the
-information of the members;
Mr. MONDEL moved the confirmation of the pro-
ceedings.
Mr. GRAVES wished to.be allowed to make a sugges-
tion with reference to the bell beacon, which he under-
stood had ,not yet gone. out. A very ingenious eon-
,,trivance had lately been- applied to those large beacons
for throwing the slightest ray of light on the horizon,
:by having a small mirror on the top of the beacon. lie
believed that £3 or £5 would cover the expense. It
,was an experiment he would like to see tried here, as it
had been very successful elsewhere ; and if the chairman
of the Marine Committee would give him an assurance
on the subject, it would be satisfactory.
The CHAIRMAN said that probably if Mr. Gravei
',communicated with the chairman of the Marine Com-
mittee, it might be attended to.
The proceedings were then confirmed.
• PILOT COMMITTEE.

TOXTETH-PARK BOARD OF GUARDIANS.

The proceedings of this committee were next read.
'The• secretary also read a report of the joint t me
the Marine and Pilotage Committees, cntheseuttilel ()f
of
the anchoring of ships in the track of the 'Woodside •
Ferry boats. The report stated that an interview had
taken place between the copireittee and a deputation
from the Birkenhead CommiSsioners and that, after a '
lengthened consideration,, of the subject, the meeting
resulted in te members of the deputation urging the
passing and enforcing of -a byp-law, with a penalty of
,5..5 for a breach thereof, to keep '.a clear space in the
track of the ferry boats between Woodside Ferry, and
the South Landing-stage.
Mr. SHAND moved the confirmation of the proceedings
9f the Pilotage Committee. With regard to the report '
on the anchoring of ships in the-track of the ferry-boats,
he said the only conclusion they could come to was that
:4Trhich was recommended by the commissioners of Birken-
°,,lll;'. indeed, the only practical proceeding open to
'a r as, to pass a bye-law; imposing a penalty not
exceeding . five „muds on vessels anchoring within the
fruit of the fer r 7 '-ste,
mers between Woodside and the
larding-stage. That
thet only consideration prac-
tically, open to them ; but the joint committee did not
adopt any resolution actnallyep rminl
opinion as to
it, because there
was a good deal of difference o
the effect which it might have upon vessels coming
into the port, as the space to be
kept open
vas e4ual to keeping 1,1.00 yards free from anchorage
in the very centre of the entrance to the various docks.
In order to get the opinion of the Board, and also to.
-take the only means suggested by the Birkenhead Com-
missioners to get out of the present difficulty, he would
move that a bye-law be enacted, imposing a penalty not
exceeding £5 upon any vessel which might anchor in
the river between Woodside Ferry and the -Landing-
stage, in the track of the ferr
Ty-hose were the particular
boats, from the Ist of
October to the Ist of March.
months in which the difficulty of the passage by fog
arose;
aid in the other months, when vessels could be
sbeeen, they could be easily avoided. At least, it might
ascertained by the proposed bye-law how far the
experimenift
iz
were carried
and whether it would be
necessary,
effective ere carried fur •
ther In the first place,
he should move the confirmation of the Pilotage pro-
ceedings.
Mr. Moss seconded theli motion.
Mr. LAIRD should
been given of that notice had
motion,
to ask whether .
an amendment on the proceedings,
or whether it was moved as
The CHAIRMAN said iraeneydionngeLobjected, notice would
have to be given of the motion,

This Board assembled yesterday at the Public-offices,
Park-place, for the disposal of their weekly
.business.
The guardians present were—Mr. H. S. Alpass in the
chair ; and Messrs. Joseph Wilson, Joseph Harrison,
William Baynes, G. W. Hunter, -John Wilson, J. D.
Carter, Henty Leyland, and M. A. Johns.
• : Mr. Heath, in reply to Mr. John Wilson, said that
he had visited in the case of Caroline Barnes. which he
had mentioned to him, and found that the woman was
of unsound mind, hut not dangerous, and was attended
by her friends; and, in reply to the-chairman, he added
that the application for the removal of the woman to the
asylum had not been made by the woman herself, ot,
her friends, but by Dr. Gilmour, who had been attend-
ing her. The chairman said that, under those
circumstances, Mr. Heath would not be at all justi-
fied in granting an order, for medical relief. Im-
mediately afterwards Mr. John Wilson left the room,
`and 'in a Short time returned. and intimated that the
mother of the insane woman was outside, On being
admitted, the woman applied for the removal of her
daughter to the Rainhill Lunatic Asylum, saying that
she was compelled to employ a person to look after her
daughter, and had, as she was willing to do, to keep her
two children. In reply to the chairman she said her
husband was.a clerk in receipt of £BO a year, and that
she kept-a shop.
Mr. Wilson moved that the application be granted;
but the ,guardians determined that the case was not one
for that board, Mr. Wilson and Mr. Carter, only, voting
against this decision. Mr. Wilson gave notice that next
week he should move that the case be re-heard,
Cheques amounting to £lOO were signed for out-door.
relief ; and from the governor's
,report it appeared that.
the number of paupers in the house was 325.
This was the whole of the business possessing public
interest,

A very curious trial for polygamy is likely to attract
the attention of the gentlemen of the long robe at the
next Lent Assizes for Sussex. A man of no small con-
sideration in Brighton contracted marriage with five
different females, three of whom are sisters, and with
all of whom he has continued to cohabit for nearly eight
years in town. A disagreement on some points of pre-
cedence brought the disgraceful affair to light.—Globe.
PRESENT, TO A POET.--1118 Grace the Duke of
Northumberland, on the eve of leaving England for
Spain and Portugal, for the winter (says the Newcastle
Chronicle), directed his agent at Northumberland-house,
Mr. Thomas Williams, .to send to Mr. Robert Story, our
Northumbrian poet, a hundred bottles of sherry, with
his grace's compliments, aril the expression
wine,
of a hope
that he would find insirAtioll

ANCIENT CHAPEL OF TOX:SETH-PAAIN..

IMPORTANT JUDGMENT.

MI. SHA.ND said he made this motion on his own an-
dividual.responiibilitv. He was net instructed to make Mr. Hulbssn, ;at :the sitting of the County Court, on
it by the joist comnaittees; bat he thought it would t.e •Wednesday, delivered the following judgment :
the best way of.arriving at a conelusion. - • -
In this case-the -trustees of a certain sumof £3OO,
The Onarnataa ac
e—Then I think the motion should-
tang . under the, authority of .the Board Of Charity
lie on the table for a week. .
'Commissioners, applied to the court to„ ascertain and
Mr. Larao--WC are called hereto consider a report.
-declare the objects of the trust, and to give directions',
Any gentleman may move an amendment upon the pro-,
proceed_ for the proper application thereof accordingly. At the
ceedings embodying the bye-law; but if the
hearing in December last, three claimants—Viz.,. the
ings are passedpbe cannot mote any resolution without
minister Of the Ancient Chapel of Toxtetli-park and the
notice. respective ministers of the New Presbyterian and the
The Charism-Aar—The report ismot part of the pro-
ceedings of the Pilotage Committee. Independent ,Chapels in Toxteth-park—appeared before :
Mr. LAlRD—Tthen the board arean a position to adopt
me, by their counsel, and asserted their rights to the
or reject thatmotion.
LMAX—A week's notice is required, properly fund in question;; and on that occasion the original
The
deeds creating the trust were, with one exception, pro-
: -
speaking; for the adoption of any resolution ; and Mr. diced before .me, .and certain admisKons were made by
thnparties. I may, however, mention here that as to
Shand has now :directed the secretary to put the notice
on the paper. the sum d bO, :part of the endowment,' no queition
-Mr. Moainee—zThe board will understand clearly and was raised. It appears that that sum was settled by
distinctly that thiszesolution which Mr. Shand proposes certain deeds, and ultimately by the deed of the 24th of
to bring forward isnot the result of any conference with June, 1762, for thence of certain ofthe poor of Toxteth
the Marine Committee. It is an individual notice
park; and as the trustees are fully competent to carry"
of
out the trusts of .those deeds, I am not called upon to
motion for next week. ' notice further that part of the trust. 'The question
The Cuarealaar—That is the proper way to put it, I
think. which I was called .upon 'to-decide related to the appli-
cation of the remainder of the fund. It appeared that
Mr. LAIRD wished to know if the bye-law was intended,
c..%
,it consisted of several small sums which from time to
.to include the same space as was prescribed by the ex
time had been -subscribed by the atterdants at the An-
in the bye-law which they passed same time,
.ago. • crept Chapel of Toxteth-park, and had been settled on
Mr. SHAND replied that he believed the limits,woUld 1 certain trusts by successive deeds. ' The earliest of those
`be identical with those prescribed by the Corporation.
deeds is dated the
est
"fed the sum of £2O to trus-
convey
Mr. Laimo--lonl.y ask this questionto save time next
Richard Wainwrightth of September, 1690", and by it
._saeek. If Mr. Shand intends the same limits as the tees to pay the inter or the providing, finding,
Cori:oration, I am eluite satisfied. and mainteining, of an ahle„., godly,' and
supporting, .
Mr. SIIAND—I believe may almost zay-the'y are the pious preaching and .teaching' Protestant crthodox
minister or ministers (saeh as are now usually termed
.seaue. . Protestant dissenting ministers), who'shall be sound` n
Mr.',Raaricart wished to throw out, as a suggestion to
the faith of Jesus Christ, and holding
be much -mere effective than imposing a fine ea the and professing het
the chairman of the Pilotage Committee, that it would'
doctrinal articles of the Church of England required to
vessO, if they were te,fane the pilot even a sum of twenty.,...
be: approved and subscribed by the minister, preaaher,
or teacher of any congyeaation Of Protestants, -
keepingihillings. That would have ten times more effect in , a dissenting
in and by an set of Parliament made in the first year of
the space clearthan the plan now pOposed.
,the reign.of King Williain and Queen Mary, intituled
The proceed.m ce• of the Pilotage Committee. were then .
!An act far exempting their Majestye. Protestant sub-
confirmed ; and 71. Tr. Shand gave notice that he would
jects dis-;ienting froin the Church of England from the
IneVethe proposed bye-law next,week. penalties of certain.-lawes; the'whieh said minister M.
DOCKS AND fwaJAYS COMMITTEE. ministers shall be such minister or ministers as preach
This committee reported that Messrs. Fish and
the Word of God on the Lord's Dales? and administer
Goldie not having complied with the regulations 'for
the sacrament and officiate other lawful rights and
working appropriated berths, had had notice served upon
things becomeing a minister of the Gospel, at or in
them that they would be required to give, up the
Toxieth-park aforesaid, at the ehappell there called
permanent 'berth noii.,in their occupation. . „:
Toxteth7parke Chappell. And in ease the lawes of thiS
On the motion of Mr. Lockett, seconded by Mr.
realme will not perinitt or allow such Protestant ortho-Smith, the proceedings were confirmed.
dos: minister (termed dissentina° Protestant minister) to
11. ASTER-PORTERS ,COMMITTEE.
preach and officiate as minister there in Toxteth-parke,
From the minutes of this committee it appeared- that
as aforesaid, nor the said monies and, profits to ,be dis-
they had received. a dephtation from the. General -
PoSed.of as is before directed," then the said fund is to
Brokers'-Association on the subject of the present system
of master-porterage of the port. The inquiry was again
subsequent
dispoSpdof amongst the poor of Toxteth-paik. The
adjourned for a week. subsequent deedS laid before me (with one exception)
substantially adopt the language' of the primary trust iu
On the motion of Mr, Arnold, seconded by Mr. Seger,
the proceedings were confirmed. the deed of 1695. They generally refer to the Tolera-
tion Act, and the benefit of the settled sums is confined
THE APPROACHES 70 THE LANDING-STAGE S.
to those ministers who should be sound, in the faith ,of
A letter was read from Mr. R. Swarsbrick, with re-
Jesus Christ, and -who should hold and -profess those
gard to improving the approaches to the Landing-stages,
and the communication was referred to the Works Com- ' doctrinal articles of the Church of. Ehgland which were
required to be subscribed under the
.Toleration Act. In
--
mittee. .. ~ . the last of thoie deeds, and which bears date the 24th

of March

1755, there is a change in the language.
.By

that deed the executors of Mrs. Lawson, who-, :)lad lit
£lO by her will for the support of the gospel ministry
of the Presbyterian or. Independent denominations at a
church or chapel at Toxteth-park, settled it on trustee?,
Who Were directed to apply it for the support of an able,
godly, pions; preaching and teaching minister: or minis-
ters, such as were called Protestant dissenting ministers,
who should be sound in the faith of Jesus Christ, or
should otherwise dispose of the said sum.as might be for
the most lasting benefit of the sacd gospel ministry,
agreeable to the said will. All,thos several deeds and
trusts are consolidated by the deeds recited in the order
of the charity commissioners, dated the 24th of June,
1762, to which, I must presume, the original trustees or
their representatiVes . were parties, and under which
those trusts have' been administered for nearly a cen-
tury. The trust§ on which the funds in question were
settled being thus ascertained, the question • arises—
whieh, if any, of the claimanti, have made out their
title to those funds ? Unquestionably, the minister
of the 'Ancient Chapel is prima facie entitled to the
benefit of the fund, but this right was .strongly. denied
by both the other claimants. They argued, from the
peculiar and careful wording of these trusts, and in
partieulex,frona the condition that the ministerwhe-was
to.deriVe'a benefit from them should hold and profess
certain of • the doctrinal articles.. of the • Church of
'England, the first and leading one of which is faith in
'the Holy Trinity, thAt it was clear that the inculcation
of Trinitarian doctrines was eXpresSly provided for.
They alleged that there had been a secession from those
,doctrines, and that the present minister of the Ancient
Chapel held and professed anti-Trinitarian doctrines.
That such was the case , was not denied, and it was
admitted that he 'did not hold or profess, the doctrine of
the Holy Trinity. as the same is professed and taught in
and by the articles of the Church; of England. It
'seems very clear, therefore; that he is not a proper
object of the trust, and that he is incapacitated from
receiving any benefit from these funds. Nor do I
except from this the rung settled by the deed of 1755..
The primary object Of that trust was for the benefit of
the Presbyterian and Independent dissenters. in Toxteth
Park, with Which derierminations the Unitarians. cannot
claim a. connection ; , and the conveyance, of the fund
Settled by that deed to the trusts of, the deed of 1762,
which adopts in that respect the language of the earlier
deeds:would be a strong declaration, if history •were
silent' on the point, of the understanding at that time of
the terms Presbyterian and Independent. Indeed, the
learned counsel who appeared for the present minister
of, the _lndent Chapel did not strongly deny the effect
of the change in the doctrines taught tliere; but he
rested his case mainly upon the recent, statute 7 and 8
Vie. cap. 45. - It was admitted that anti-Trinitarian
doctrines .had been taught,in,that chapel for more than
25 years inimedlately preceding this suit, and the learned
counsel claimed for his client the benefit of the 2nd section
of: that' statute, which provides that under certain' cip:
cumstances the Tight or title .to any fund for the benefit
of. the minister or Other officer of a congregation shall
not be called in questiOn on account of the doctrines or
opinions taught in such meeting-house when such doc-
trines or opinions have been taught there for the space
of 25 years before the commencement of the suit. But
I cannot think that this argument is tenable.. The
right referred to is not absolute. It is well known that
the statute was passed in consequence of the decision in
Lady liewley's case, and that its object was to give
proper effect to long-coritimied usage in those cases only
where 'the intentions of the founder of the trust were
merely matters of speculation, and were not expressly
declared Oil the' face Of the instrument creating the
-trust; and •therefore 'the section of the act above
referred to.eonchides with this strong-worded proviso—,
"provided, that evhere any such fund as aforesaid shall
be given or Created by any will, deed, or other instru-
ment which shall declare in, express terms, er by such
ce referen as aforesaid (viz., by reference to some book,
or other document its containing such doctrines or
Opinions), the particular religious doctrines or • opinions
for The promotion of which such fund is intended, then,
and in every such case, such fund shall be applied to the
promoting of the doctrines or.opirtions so specified, any
usage of the congregation to the contrary notwithstand-
ing." I think it therefore perfectly clear in this case,
where the particular doctrines are so strongly and
expressly referred to in the deeds creating the trust,
:hat the mere lapse of time during which anti-Trinita-
rian doctrines have been taught in this chapel, cannot
avail; and therefore that the trustees cannot, without
committing a breach of trust, apply any portion of these
funds towards the maintenance of a minister who incul-
cates the doctrines which the' present minister of the
AnCient Chapel of Toiteth-park holds and professes.
But the application of the fund under the present cir-
e,iimstances requires further consideration. It is the
case of a trust, and the intention of the donors of the:
fund must be the guide. But while I think it clear that
there was a particular intention in favour of the
minister of the Ancient Chapel, I am of opinion that it
is equally plain that the primary and general intention
of the donors was to promote an orthodox dissenting
ministry in Toxteth-park. It may be said that. this
latter intention appears even in the earlier-deeds, which
adopt in that respect the language of the deed of 1695,
and speak of a minister at or in Toxteth,park,
at the chapel there called Toxteth-park Chapel. But
this general intention is perhaps, ;more strongly
marked in the deeds of a later date. In the three
last deeds—namely, these made in the years 1733,
1741, and 1755—n0t only is the possibility of a second
dissenting meeting house 'being erected in Toxteth-park,
alluded to, but if such an event should happen, the
trustees, apparently, bare the power of selecting be-

tween the ministers of,"the old) and 'the new meeting '
house. The trusts of those deeds ,are for the minister
or ..ministers at the Ancient ,c !lapel, or at stekother
chapel, or meeting house as the ;congregation thereto'
belonging should- at any time thereafter erect Tox-
teth-park ; and I may further remark that the intention
as shown in these latter deeds is strongly carried out
by the consolidating deed of-the 24th June, 1762, set
,out in the' order of the charity eotinisSionerS. I have.
-therefore no hesitation in saying, that as the particular
intention in 'favour of the minister of the Ancient
Chapel hag; failed, the, general intention must be carried'
out; and tjsat the ministers of the hew Presbyterian
chapel; and of the Independent chapel in Toiteth-park,,
the only other claimants who appeared before me have
made out' the title of the 'ministers of those -denomina-
tions in Toxteth-park to a participation in the fund.- It
was not disputed that they profess and'hold the doctrines
specified in the deeds creating the trust, and therefore
that they are the legitimate representatives in faith of
the original objects of the trust funds. And I conceive
that by making an order in theiy favour, I am following
out the recent statateby direCtingilie7und to be applied
to the promotion of the doctrines or opinions specified
in the'deeds creating the trust..-But while I think so,
I must,guard myself against the supposition that I look
upon the .minister and congregation • of the Ancient
Chapel as having absolutely forfeited all Night over this
fund. That they- have, by deserting the prescribed set"
of opinions, temporarily by
it, I have no doubt.
Thrt-ns, they have once changed their opinions they may
revert again to the doctrines once taught in that chapel.
And Ido not understand that they now—indeeed I
think that they cannot legally—renounee any benefit
which may'belong to them in case they ever become,
- in the meaning of these deeds,: orthodox "Protestants.
In what proportions this fund is to be administered, I
.am unable' to It possibly might have been con-
venient had;L•stated that it was to be given to the
ministers equally, or in some definite proportions ; but'
I cciceive.that it is not the duty of the court to do so.
The:trust is-essentially -a 'matter of-discretion, depend-
ing upon circumstances that. are not before_ the court,
and which could not perhaps have been conveniently
brought before' the' court in the' present instance. The
trustees will administer the' fund undei the superiision
of the court, to which appeal may be made in case, of
need. And I have neither the right 'nor'ani lat all
inclined to suppose thht tliey will exercise the power
confided to them otherwise than in a just and proper
manner. No 'question was raised as to the personal
qualities of any one of the trustees, but if I am right
in supposing that the Rev. Mr. Harcus, one of the
applicants in this case, is a trustee, I would suggest that
his name might with propriety be withdrawn from the
trust. He owes a duty to his successor and to his con
gregation,,,and it may possibly be urged that he cannot;
as trustee, give ad unbiassed. opinion on their decision.
I therefore say and declare that it is the duty of the
.trustees to apply the income for the finding, providing;
supporting, and maintaining of an able, godly, and pious
preaching and teaching Protestant and orthodox min-
ister or ministers, such as are termed Protestant die-
' Smiting ministers, who shall be sound ,in the faith of
Jeius Christ, and who shall 'hold and profess the doe-
trinal articles of the Church of England, required to be
subscribed by the minister, -teacher, or preacher of any
congregation of dissenting ministers in and by the
Toleration Act, which said minister or ministers shall
be such minister Or ministers as preach the 'Word' of
God on the Lord's Day, and administer the sacrament,
and officiate other lawful rites and things becoming a
minister of the gespel, 'at or in Toxteth-park aforesaid.
And I further order and declare_ that; under the present
circumstances, the new ,Presbyterian and the Indepen-'
dent minister in Toiteth-park are;'and that the present
Minister of the Ancient Chapel of Toxteth-park is not,
such a minister or ministers. But this order is to be
without.prejtidice to the right.of any Minister Or
ministers hereafter claiming, or of any minister or
ministers of the Ancient-Chapel who, under any new
state'orciretini§tance; may claim an interest in the fund.
All parties to be at liberty to apply from time ,to time.
The costs of, the trustees to be taxed ,and paid out of
the accumulations so far as the same, will extend.

LIVERPOOL POLICE COURT.-YESiERD.S.Y.

(Before Messrs. Hougn and CASTELLAINE.)
~CHARGE or OBTAINING MONEY ON.FALSE PRETENCES.
—James Nichols, shipping agent, who was brought up
last week on a
_9lla,rge, of obtaining-money on- false pre-
tenceS, was brought "up to-day on remand.—Mr. Cobb
appeared for the prosecution, and Mr. Black, for., the
defenee:ft, May be remembered that Mr. Nichols :was
applied to by a Captain Walker, an American, to pro=
cure about thirty men for the ship Marianne, which he
said he had purchased from Mr. C. D. Walson, ship-
',broker,. Water-street. In consequence of this he Went
or sent his. clerk to a' Mrs. Lowdon, boarding-house
keeper, Saltney-street,' and engaged some 'men -for the
skip; and obtained from her the sum of £2 4s. as com-
mission on the advance'noteS: -He went also to a MrS.
M'Kenna,' iii the same street, and 'obtained from 'her
£l.2s.—The evidence was gone overazairt,_biit_there
was nothing- elicit-erlie-yolid-Whit was stated in our
report last-Week.The magistrates; considered there.was
not evidence to bring home eithei the charge of obtain-
ing-money- on false pretences, or of- conspiracy with
Walker to defraud. , TheY 'consequently, dismissed the
_ ,

CHARGE OF, CONSPIRACY' TO DEFRAtiD.—George
Walker and Charles Hunter were brought up on
remand, charged with a conspiracy. to defraud. Mr.
Nichols, the prisoner mentioned in the previous case,
was placed in' the box, and, recounted the manner in
which he had been deluded by Walker, stating that at,
the time he was employing him-to ship the men, he had
borrOwed a 'sovereign from him. Thomas M‘Grath,
clerk to the former witness, 'deposed that 'Walker
employed him- to get as careless and -wild a crew as
possible, he wanted men he said who neither feared
God- nor Man; as they were going a blaCkbirding. An
outfitter, named Jones, who appeared last week,
appeared again, and reiterated-his evidence then given,
that Walker sent men and obtained money from hire."to
the amount 'of 10s., guaranteeing the payment of
their advance notes. A perieri•named-Grille, also an
outfitter, said that Walker wished to employ him in the
slate trade, blithe repudiated his proposals. Thinking
however he might be, a good, custonier, invited him to
dinner, and gave him the loan of five sovereigns.
Several other persons Opeared, who deposed to attempts
made by Walker to impose upon them; The magis-
trates considered there was no case made out against
Hunter, whom they would discharge. Walker, how=
ever ~must go to trial.
NEGLECTING TO SUPPORT CHILDREN. Michael
Welsh, a coalheaver, was brought up on warrant for
neglecting to support his illegitimate children. It w_a,s
stated that he was a married man, and had a family of
seven children: 'The vdinan at Whose instance the
warrant was issued .is named Ellen Morton. She had
affiliated foni children upen'hiiii: The prisoner was,
conimitted to gaol for one mouth.
STrALING FROM- THE :RAILWAY STATION.—Jane
Jones, a girl about 15 years of age, was charged, with.
stealing 'a shawl from the railway station, =Lime.-street.
A railway official stated that he had noticed the girl
going about the station for the last three weeks. _Once
she asked libertyl6 wash herself in the first-class ladies'
viaitinz-room; axd- at that time an umbrella and several
other articles :disappeared. On 'Wednesday. he caught
her coming out of one of the' waiting-rooms with a
shawl concealed under her cloak,'which ishe'had taken
froni' a' bundle lying in the. room. The prisoner was
rernanded:for the production of further evidence.

(Before Messrs. EvANs and GRANT.)
CHARGES op-Ass'AuLT.—Samuel Fo4, the mate of a
ship, was charged with assaulting John Williams, a
coloured man::, The evidence clearly proved the assault,
and the magistrates fined the defendant. £5 and cost.
—William Hibbard, captain of the Statesman was
charged with committing an assault upon. William
Wallace, on the high , seas, and breaking his arm. He
was also fined .X 5 and costs.
UN WHOLESOME MEAT.—lnslieetor Jones summoned
Thomas Darlington, Scotland-road, for having
,in his
possession and exposing for sale 294 lbs. of unwholesome
meat. He was fined 10s. and costs.—James Selby,
Pownall-square, was summoned -for having 31 lb. of un-
wholesome meat in his possession, and fined ss. and
costs.

The case of " Scott and others v. the Earl of Shrews-
bury," relative to the Alton Towers estate, will be taken
in the Court of Exchequer on the Ist of February next,
and the court will go on with it de die in diem, during
the period of the sitting (the 4th of February inclusive),,
to enable the court to dispose of it this term.
THE EDINBURGH ANNUITY TAX PROSECUTIONS.--
On Monday came before the High Court of Justiciary,
at Edinburgh, the cases of Mr. James Hunter and Mr.
Thomas Pennock, for resisting the officers in the execu-
tion of their duty while collecting the above tax. The
jury returned a verdict of acquittal in both cases—An
announcement which was received with loud cheers.