Northern Times.
Liverpool, Merseyside, England, 1857-08-27 00:00:00

that his life was then uninsurable in any office, and that
he had suffered from brain fever in Blerkpool. This closed
the case for the defence. Mr. HA 'Q C., then addressed
the jury on the-evidence, after whi 'h Mr. Atherton, Q C.,
replied on the whole case. His Lordship summed up at
considerable length. The jury retired at-seven o'clock, to
consider their verdict. They returned in the course of an
hour, with a verdict for the defendant.
NOWELL v. THE CORPORATION or WIGAN.—In this action
the plsiutiff sought to recover compensation from the de-
fendants for loss which he had sustaine I by reason of not
being allowed to complete certain works which he had
coatricte I with them to perform. Mr. Huggins, QC ,
with Mr. Blackburne, appeared far the plaintiff, and Mr.
Monck, Q.C., with Mr. Mellish, for the defendants. The
plaintiff, who is well kenown as an extensive contractor,
contracted with the defendants about two years ago to
execute certain works, consisting of reservoir, tunnel, &c.,
at Wigan. On the 21d of June, 1835, the advertisements
calling for tenders for the works appeared in the public
papers, and on the 3rd of July the plaintiff's tender was
accepted, ono of the conditions of the contract being, that
he should commence the work after three days' notice.
He accordingly collected his plant, bet it was not until
the 4th of June, 1856, that he was first requested to meet
Mr. Rawlinson, the defendants' engineer, and ntr. Hunter,
the resident engineer, to arrange about the work, he demand
cd compensation for the delay, and when the defendant
refused it, declared that he would g ) on with the work,
but under protest. The defendants would not consent to
this, and hence the present action. The difference also
gave riee to a suit in chaneery between the parties. On
the conclusion of the opening statement of counsel, it was
agreed to take a verdict for the plaintiff for £lO,OOO
damages, and to refer all matters in dispute to Mr. Thomas
Wignsll Leather, of Leede.
jSmall v. PILE.---11r. Hill, Q.C. with Mr. Blackburne,
appeared for the plaintiff; and air. Atherton, Q 0., and
Mr. Manesty, QC , for the defendant. The plaintiff, Mr.
Robert Smith, is a merchant and shipowner, residing near
Manchester, and the defendant, Mr. John Pile, is a ship-
builder, at Hartlepool, and the cause of action arose under
the following peculiar circumstances :—ln August, 1834,
the defendant was in the course of building a vessel at
Hartlepool, and an • greement was entered into with him by
the plaintiff for her purchase. The payment was to be
made according to measurement, at the rate of £l6 5s per
ton, the measurement to be medium measurement—that is,
the old and new measurements were to be ascertained,
added together, and divided by two, the-quotient to be the
measurement f r payment. While the vessel was being
built, the plaintiff sent down Captain Evans to see that
everything was done according to agreement. The vessel.
which was c'eistened the Mirage, was measured by the
customs' officials at Hartlepool. She was returned
as measuring by the old, or builder's mea •
zurement. 965 tone, and by the new measure-
ment 833 tons, which being added together and
dividel by two, give 899 tons as medium measurement.
The cost, therefore, at £l6 ss. per ton, amounted to
£14,608 15$, which stem was paid by the plaintiff She
went on her first voyage to China, add returned in the
early part of 1856. She then underwent some repairs at
the yard of Mr. John Brody, in London, but nothing was
done that could alter or affect her capacity. Some time
after the plaintiff agreed to sell a share to Mr. Ewing. of
the firm of Robertson and Ewing, of Liverpool, and, in
consequence, re-registration and re-measurement became
necessary. On her return from Bombay, in December,
1856, Mr. Milian, the chief surveyor of tonnage at Liver-
pool, was directed to re-measure her.- She was accord-
ingly re-measured byiathe assistant surveyor, Mr. Dixon,
according to the mode pointed out in the Merchant
Shipping Act—the most recent act on the subject. By
that measurement she measured only 718 31-100 tons.
Mr. Millar was surprised at so great a difference, because
usually the difference was only between six and seven par
cent., while here it was from fourteen to fifteen, and he
communicated the circumstance to Mr. Ewing. He also
directed Mr. Dixon to re-measure her according to
the new measurement, and Mr. Dixon found that,
in place of 833 tons, she measured only 793—being
a difference of forty tons. She was also re-
measured according to builders' measurement, and
was found to measure only 887 tons, instead
of 965 tons. The plaintiff had accordingly overpaid on a
little more than 58 tons, and as the defendant maintained
the correctness of the original measurements, he brought
the present action to recover the amount of the alleged
overcharge. The Mirage is a clipper-built ship, and the
question was whether the dead wood work at the stem and
stern of such vessels should be included in the measure-
ment. It was very evident that the dead wood work had
been included in the original measurement, and in this
fact most probably lay the explanation of the great
difference in the tonnage, as ascertained by the recent
measurement, when such dead wood work was, according
to custom at Liverpool, London, Plymouth, &c., excluded.
After the case on the part of the plaintiff ha proceeded
some distance, it was agreed to refer the matter in dispute
to a member of . the bar, much depending on the
construction of the statute directing the mode of new
measurement. A verdict accordingly was taken for 'the
plaintiff for £1,00(), subject to a reference.
Tim LOCAL BOARD OF HZALTII OF KINGSTON-UPON:HULL
V. Tim
_TRINITY HOUSE OF DULL.—This was an action
brought by the plaintiffs, the Corporation of Hall, to
recover from the defendants the sum of £457, as their
proportion of a rate imposed by the plaintiffs, in their
capacity of the Local Board of Health of Hull, for the
purposes of a public improvement, from which the defend--
ants, with other owners of property in the neighbourhood,
had derived great benefit. Mr. Warren, Q C., with Mr.
Thompson, appeared for the plaintiff, and Mr. Hill, Q C.,
with Mr. Melhuish and Mr. Millward, for the defendants.
The defendants denied the validity of the rate, and this,
and-also the construction of certain local acts, ware the
questions at issue. The case had not concluded on the
rising of the court.

BOYS' CLOTTING MADE WITH GREAT TASTE
At LEWIS & COMPANY'S, Rar:elazh street.

THE L I.TE GENERIL BARNARD —lieutenant-General Sir
Heery William Barnard, K.C.8., whose death by dysentry
under the walls of Delhi is reported, was the son of a
Buckinghamshire clergyman, and was born in 1799. He
entered the army is 1814 ; was on the staff of his uncle,
the late General Sir A. F. Barnard, at Paris, in 1815, and
on that of Sir John Keane, in the West Indies. He subse-
quently held the command of a brigade in the Crimea,
where he served as chief of the staff under General Simp-
son. Having returned home, he held the command of the
troops, first at Corfu and subsequently at Shorncliffe. In
November last he was sent cut to India, and succeeded
General Anson in his command of the forces before Delhi
on that officer's death in June last, so that he hal held
his high and responsible post little more than three weeks,
when he was carried off by death.

EXTENSIVE Teßacco &mom?, A man named Charles Kerley
was brought before the borough magistrates at South'amp-
ton on Saturday morning on a charge of having been
engaged in smuggling 1,6441 b. of tobacco. The seizure
was effected by an extra min in the service of the Customs
named A; kips, under the following circumstances .—Atkins,
who resides at Shirley, about a mile from Southampton,
TV2S on his way into town about 8 o'clock on Saturday
morning, when he saw a waggon having a name on it and
marked •` Landport" turn the corner of the road, and his
suspiciens being excited, he followed it for some distance.
The waggon turned into a road called Burgate-street, and
when within a hundred yards of the tollgate Atkins walked
ahead and ordered the gate to b 3 shut. When the waggon
came up to the gate he asked the two men who were
with it if they bad any liquor or tobacco, anti, they replied
in the negative. Atkins said he mutt look, and jumpod np
into the waggon, and on opening a bale he found it to
contain tobacco. He took the men in custody and left
them in the parlour of the-tollhouse in charge of the.gate-
keeper, while he brought the waggon through the gate, but
they contrived to get out and run away. Atkins pursued
them and succeeded in catching one of the men and took
the waggon and tobacco to the Customhouse, where it was
lodged in the Queen's warehouse.

TIM SKELETON OF A CHILD FOUND IN A GENTLE-
MAN'S HOUSE —A strange circumstance occurred on
Saturday morning in a gentleman's house adjoining
Cronkeyshaw, The house is known in the town as `• In-
dustry House," and belonged to Mr. Edmond Howard, an
evensive cotton mauufacturer, who died about six months
ago. On Saturday morning, a workman was employed in
the servant.'s room, and found it necessary to enter a small
closet adjoinin7., a cistern, and to do something between the
b ,ards in the closet and the ceiling below. For that par-
pose he put his hand between the two, when he felt a bit of
cotton. He drew it out, and on examination found that
it was a piece of cotton rag, and that it contained the
nearly decomposed remaids and skele*.on of a child. In-
quiry was set on fool., for the purpose of ascertaining to
whom it belonged, and who was the person who had put it
there. Suspicion fell upon a servant who left the services
of Mr. Howard about twelve months ago, named Sarah
Cain, about 24 years of age, and she was accordingly ap-
prehended in the course of the afternoon, by direc?ion of
Superintendent Callender, at her sister's at Belfleld, by
Police-officer Hepworth. There are strong suspicions that
she gays birth to this child about two years ago, and that
ever since it has been lying in Mr. Howard's house. Since
that time., Cain, has had another dal', which is now about
thirteen months' old. She is not married.—Manchester
Paper.

BOY'S CLOTHING MADE WITH GREAT TASTE,
At LEWIS h COMPANY'S. Ramelagh street.