The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1852-10-05 00:00:00

that the Captain had not authority to w—
and, therefore, there must be judgment for the deft

MOTHER AGAINST SON.
mealier brought an ection a,

Margaret Fai
son, Thomas Ps

ever £5

Le owners ;
,7.„:.........7.,.,4

ainst her 1

tendanee upon him during sickness. His Honour asked
what the plaintiff was, and she replied that she was a
nurse, and had no other means of
and handed in a letter from I
His Honour said he d

giving wa

s to a moti

however, it appeared from the letter put in, th
fondant had engaged her, and

promised to pa

JOYCE V. KERS

the sum of £1 13s
The defendant, some time ago, v
and porter vaults in Boundary-strE
being about to leave, asked Mr. ,

for commission

tenant
put in

In con

quence c

a advert

several parties made application, but eventually t

awn, ar

by the plaintiff. His Honour held, that as the party who
took the house had not been introduced to the defendant
by the plaintiff, the latter was not entitled to any com-
mission ; and, therefore, there must be a verdict for the
defendant; but, as the p'aintiff had been put to a good deal
of trouble, he would not grant any costs.

INSOLVENCY CAST

in the case of Tildsley, who applied to the court under
the protection act, Mr. Wheeler had opposed on the
~.....f ,f .. ~,..,..-14..... n,,,l 0n.,1;‘,1 fn.. tiles diamiccal of files

insolvent's petition, on the ground that h
benefit of the Insolvent Act some time bet
ter, and that the debts due by him previous to that insol
vency ought to be inserted in the present schedule ; am
if they were, his debts would exceed £3OO, and as a trade
he could not pass. His Honour having taken time t
consider his judgment, delivered it this day. He said, a
at present advised, he should hold that an insolvent
whose debts mounted to £3OO, but who had been insol-
vent on a former occasion, ought to insert these debts in
his present schedule, and as doing that increased his debts
beyond the sum of £3OO, he was not a trader within his
(the learned judge's) jurisdiction, and therefore the peti-
tion must be dismissed.

•e, at I

COLLISION IN THE

cis Alexander Hamilton, of the firm of Brown, Shipley, and
Co., as agents of the Arctic, one of the Collins line of
steamers, the defendant. The action wa
sum of £435, being the amount due for
to the steamer Mona, and tried in this cou

by consent of

both parties to the suit.
Mr. Aspinall and Mr. Raffles appeared for the plaintiff,
and Mr. Simon and Mr. Roscoe for the defendant.
As the case was likely to occupy considerable time, it
was arranged with the judge and the learned counsel on
both sides that the course to be pursued should be that
each should state the facts they intended to adduce in
evidence without argument or comment, and then call
their witnesses ; and that the argumer
and law affecting the case on each side
on the Ist of November

n the facts
I be argued

Mr. Raffles having opened the case, Mr. Aspinall
Proceeded to detail the facts upon which he intended to
rest the claim of his client. On the morning of the Ist
January last, before day light, the Mona tug-steamer
went to take in tow the Earl Grey, a brig at anchor, off
Seacombe point, on the Cheshire side of the river, and
was to tow her to sea. Immediately after the anchor of
the brig had been raised, she proceeded to cross the river
for the purpose of passing down on that sic

or nea

that side than the Cheshire shore. Very ~-er th,
Mona commenced towing, those on board saw a rocket
thrown up and almost immediately guns were fired. At
that time the Arctic, one of the American steamers, was
expected, and it was probably concluded that the lights
and firing proceeded from her. They next saw the three
lights of a steamer coming round the Rock Lighthouse.

The Mona was then nearer the Liverpool than the Che-
shire coast. She then put her helm a-port, which was in
accordance with the admiralty rules when vessels are
meeting each other, and this was continued until her
head was to the eastward. The people on board the Mona
called out to those on board the Arctic, but no notice
whatever was taken of their cries. The engines of
the Mona were then stopped and reversed, and her
helm put hard a-port, but notwithstanding a collision
took place, the result of which was that one of the paddle
boxes of the Mona was carried away and other damage
done to a very considerable extent. The Artic then
passed up the river, proceeding between the Liverpool
shore and the Mona, without stopping or rendering any
assistance to the Mona. The people on board the Mona
imagined she was sinking, but finding that not to be the
case, and the Sampson, another steamer belonging to the
same company, coming up, the Mona was taken across to
the Cheshire shore and beached. Now he (Mr. Aspinall)
should contend that the Arctic was wrong in corning to
the Liverpool side of the river, that both vessels ought
at the time to have bad their helms put aport, which
would have prevented the collision. Under these cir-
cumstances the question would be whether the Arctic or
Mona was wrong. But probably it would be said on the
other side that the Arctic had a pilot on board, and there-
fore the owners were not liable. I-1,, however, should
contend that if those in command of the Arctic saw that
the pilot neglected to give any order which he ought to
give, or to give an order which he ought not, and did, not
interfere, they would still be liable.

A great number of witnesses, including pilots, the
crew of the Mona, dock gatemen, and others, who
witnessed the collision, were then called in support of the
case of the plaintiff.
Mr. Aspinall said he had two other witnesses, pilots,
yet to call, but as they were at sea, it was agreed to exa-
mine them at some future occasion. It was also agreed
to settle the amount of damages out of court, if the
verdict should be in favour of the plaintiff.
Mr. Simon then proceeded to state the facts of the
case on the part of the defendant. He said, in confor-
mity with the arrangement which had been come to, he
should confine himself to a simple narrative of the facts,
without a single word of comment or argument on either
side. After describing the size and power of the Arctic,
he said she arrived off Point Lynas on the morning in
question, at two o'clock, where she took on board a pilot.
She then was steaming at full speed, which was continued
until about four o'clock, when it was reduced to one-third
speed. About five o'clock she passed the Bell Buoy. At
that point all hands were ordered on deck. At six o'clock
she came abreast of the Rock Lighthouse, heading up
the river about mid-channel, perhaps a little to the Che-
shire side. The engines were then ordered to go slow,
and she continued only at the rate of about four miles an
hour, the engines going as slow as possible. Coming
round the Rock Light, she fired her guns as usual, and
was going towards her moorings, but, when she got
nearly opposite the Magazines, a vessel was seen at
anchor, without lights, on the Cheshire side, but a
considerable distance from the shore. The pilot,
on' seeing this vessel, gave an order to starboard the
helm, which was done, and, having passed her, the helms-
man was ordered to steady, and she proceeded up the
river aboUt mid-channel. The learned counsel then de-
scribed how the watch was kept, the mode of communi-
cating orders, &c., (which appeared to be very complete,)
and then proceeded to say that immediately after passing
the vessel opposite the Magazines, the second officer de-
cried lights on the starboard bow, the pilot having seen
them before. These proved to be the lights of the Mona,
and were the green and the white, which would indicate
that she was steering across to the Cheshire side. Very
shortly after they saw the red light suddenly open out,
which would indicate then that both were on the same
course. When the lights were first seen, the vessels were
about one-third of a mile from each other. Upon seeing
this sudden change of course, the pilot immediately gave
orders to stop and reverse the engines, which was done.
The crew of the Arctic called out repeatedly to the Mona
to stop her engines, to reverse, and to starboard her helm.
Instead of doing this, she continued to veer round to-
wards the eastward, which would show that her helm was
hard a-port. The Mona then came in contact with the
Arctic, on her starboard bow, and her mast got entangled
with the anchor of the Arctic, and was carried away. She
then fell alongside of the Arctic, and her bulwarks and
paddle-box were carried away by reversing her engines.
It was then thought that the Arctic would be run into by
the brig which the Mona had in tow, and to avoid that
she went a-head, and then stopped. A boat was lowered
to assist the Mona, but finding that the Sampson was
coming up, she was left to take care of the Mona, as
being much more likely to render assistance than the
boats of the Arctic. These were the facts he proposed to
prove on behalf of the defendant.
A number of witnesses were then called on behalf of
the defendant, after which the case was adjourned.

THE NEXT COUNCIL MEETING.—At the usual monthly
meeting to-morrow (Wednesday), the subjects to be
brought forward for consideration are as follow :—The
proceedings of the Finance Committee, comprising recom-
mendation to increase the salary of Mr. James Halsall,
mace-bearer, from £lO to £2O per annum, being the
amount paid to the sub-bailiffs : and recommendation to
permit the laying of a railway on the west side of the new
street, in lieu of Wapping.—The proceedings of the Im-
provement Committee, comprising a report on the special
reference from the last Council of a plan for improve-
ments in the borough, and recommendation that applica-
tion be made to Parliament in the next session for powers
to carry the recommendations into effect, and to borrow
the necessary funds for the purpose.—The proceedings of
the Gaol and House of Correction Committee, compnsing
a report on the deficiencies in• the accounts of the late go-
vernor, and recommendations thereon.—The proceedings
of the Health Committee. comprising recommendations to
grant permission to the Dock Trustees to lay down two
lines of iron rails on the west side of the new street from
Queen's Doek to Wapping ; recommendation to approve
the plan of the intended approaches to St. George's Hall ;
recommendation that the boundaries of the borough be
perambulated, and proper boundary stones set up ; and
recommendation to appoint Richard Blades to the situa-
tion of District Surveyor, (vice James Standing, resigned ,)
at the salary of £l2O ; and George Powell, surveyor of the
West Derby district, (vice Richard Blades,) at the salary
of £lOO ; and James Lea to the situation of Drainage Su-
perintendent, (vice George Powell,) at the salary of £BO
per annum.—The proceedings, rssolutions, and reports of
the Water Committee, comprising recommendation to ac-
cept tender for constructing and altering reservoirs at
Kensington, and works connected therewith.—The pro-
ceedings, resolutions, and reports of the Library and Mu-
seum Committee, comprising recommendation as to the
opening of the library and museum to the public.—Re-
' port of the special committee appointed by the Council,
on the 4th:August last, to take into consideration and re-
port on the letter from the Secretary of State as to the
appointment of six additional magistrates for the borough.
—Recommendation of magistrates to increase the salary
of Mr. Thomas M. Anderton, clerk in the office of the
Clerks to the Magistrates,:the consideration of which was
postponed at the last monthly Council, purstlant to the
standing orders,