The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-01-18 00:00:00

COUNTY COURT, YESTERDAY.

IMPORTANT TO EMIGRATION AGENTS.
In the case of KENNEDY V. Fox, his Honour gave
judgment this morning. The learned judee said it was
an action brought by a person, not authorised as a pas-
senger broker, to recover a sum of money for himself, or
for certain emigrants, as commission for the trouble and
expense he had been put to in procuring passages to
Australia. It was objected on the part of the defendant,
that the plaintiff was not entitled to recover under the
15th and 16th Victoria, cap. 44, and he (the learned judge)
was of opinion the objection was well founded, for that
act was intended as a protection to passenger brokers;
and under the 67th section of that act no person whatever
was entitled to recover, either from a passenger broker
or any other person, any commission or fee for services to
emigrants, unless acting with the authority of a broker.
He considered that the interpretation which he put upon
the act was such as the terms permitted, and such as
justice required. Mr. Pemberton was for the plaintiff,
and Mr. Hime for the defendant,
ACTION AGAINST AN ATTORNEY.
SILBODEN V. BOGGLE.—This was an action tried before
his honour on Saturday, in which the plaintiff, who is
an auctioneer in this town, sought to recover •from the
defendant, an attorney in South Castle-street, the sum of
£lO, for money lent and money had and received under
the following circumstances :--It appeared that some time
ago a person named Kelly, formerly one of the police
force, having disagreed with his wife, I( ft her, and deter-
mined upon selling his furniture. Accordingly Silboden
was instructed by Boggie to remove the goods to the auc-
tion-room of the former, and prepare for the sale of
them. Shortly after, Silboden was sent for by Boggie,
and asked to advance £lO, which he did, and took
defendant's acknowledgment for it. A few (lays after,
at the instigation of Kelly's wife, through Arr. Pem-
berton, solicitor, it was agreed to give up the goods
to her, on the costs of removal and expenses being
paid. It then came out that neither Kelly nor his
wife had authorised Boggie to borrow the £lO. The
goods were given up, and the present action was
brought. The defence was, that the money was re-
quired by Boggie for work and labour done by him as
attorney for Kelly. The case occupied the greater por-
tion of the day, Sir George Stephen being for the plain-
tiff (instructed by Mr. Hughes), and Mr. Simon for the
defendant (instructed by Mr. Davies). His honour, this
morning, said he had carefully looked over all the papers
and evidence connected with the case, and after a careful
consideration of all the circumstances connected with it,
he was of opinion that the plaintiff was entitled to
recover, and that the defendant must seek his remedy
from Kelly. A verdict was then entered for the plaintiff
for £lO.

COLLISION

This was an action brouebt by Mr. Richard Davies,
car proprietor, against Mr. Thomas Ford, omnibus pro-
prietor, to recover the sum of £9 for loss and injury done
to a car belonging to the plaintiff.
Mr. Hill appeared for the plaintiff, and Mr. Bretherton
for the defendant.

It anpeared that on the evening of the 20th Nov., a little
after 7 o'clock, a collision took place between the omnibus
of the defendant and the car of the plaintiff, near the
Northern Hospital, in Great Howard-street. According
to the evidence of the witnesses for the plaintiff, including
police-officer No. 505, it appeared the car was on the
proper side of the road, and the driver of the omnibus en-
tirely to blame, but five passengers on the omnibus proved
the contrary, and considered the car-driver at fault.

His HON:C;UR said he would look at the spot where the
collision took place, and deliver his judgment on Wednes-
day morning.

ASSAULT,—BITING A THUMB OFF.
BAnvics V. DERBYSHIRE.—This was an action to re-
cover damages for an assault. The damages were laid at
£5O. Mr. Rime appeared for the plaintiff, and Mr.
Aspinall (instructed by Mr. Woodburne) for the defen-
dant. The plaintiff is a journeyman ship-joiner in this
town, and the defendant a farrier, living in Wood-street.
It appeared from the evidence, that, on the night of the
23rd of August last, the plaintiff and a friend were spend-
ing the evening together, and having had some drink,
went to a public-house kept by a person of the name of
Forsyth, in 'Wood-street, about half-past twelve o'clock.
Shortly after the defendant, the landlord, and some others,
entered the house; a quarrel ensued, and the plhintiff was
knocked down by the defendant, and, after some fighting,
the defendant got the thumb of the plaintiff into his
mouth, and nearly bit the end of it off. The thumb had
caused the plaintiff to be very ill for several weeks, and it
was_not yet well.

Mr. A.Spinalfaddressed the court in behalf of the defend-
ant, and contended that the plaintiff had behaved very
indecently, and had brought the accident upon I.imself.
He called Thomas Woods, who said he was agent in
Liverpool to Mr. Jubb, oilman, of New York, and who
was with the defendant on the night in question. He
gave quite a different account of the affair to that deposed
t,) by the witnesses for the plaintiff; but, in eross• exami-
nation, he did not give a good character of himself, admit-
ting that ha often spent his nights in a brothel in Leigh-
street. Another witness, named James Richards, a joiner,
living in Fleet-street, was next called, but his evidence
differed from all the others. The learned Judge said he
believed the witnesses for the plaintiff, but did not believe
those called on the part of the defendants. He designated
the assault as most gross, unmanly, and brutal ; and,
though he was willing to encourage manly and fair con-
tests, he would discourage all such cases as that. He
then ordered a verdict to be entered for £7 18s., expenses
to which the plaintiff had been put, and £2O damages in
addition. ANOTHER COLLISION CASE.
BLEASDALE a. BIISBY.—This was an action brought
by the plaintiff, a car proprietor, to recover £6 15s. for
damage done to the horse of plaintiff in consequence of a
collision with an omnibus belonging to defendant on the
13th November last, in Islington. As usual the witnesses
on one side in this case attributed the blame to the
driver of the omnibus, whilst those on the other side were
of opinion the driver of the car was wholly in the fault.
In this case also his honour reserved his judgment to
Wednesday morning, in order that he might view the
spot where the collision .liappened.
The court rose at half-past seven o'clock.

CHESHIRE MILITIA. -We are informed that the
Militia for this county will be called out for training on
the 24th inst.

REPRESENTATION OF PRESTON.—The rumours that
last week prevailed in this town respecting the declining
health, and afterwards the death, of Sir George Strickland,
were not without their effect on many of our old elee-
tioneerers, and at least half a dozen candidates were named
for the honour of being his successor. Mr. Grenfield,
Mr. German, Mr. Fort, Mr. Horsman, Lord Duncan, and
others, were fixed upon, and in more than one instance
steps were taken for providing us another representative
without loss of time—Preston Chronicle.

DISTRESSING DEATH OF A CUSTOM-HOUSE OFFICER.
One day last week Mr. William Richard Robinson, a
custom-house officer, accidentally fell into the Prince's
Dock, whence he was rescued, and immediately conveyed
in a cab to his dwelling in Longville-street. Notwith-
standing the adoption of remedial measures, he continued
to get worse, and died on Sunday from congestion of the
brain, caused by immersion in the water. An inquest
will be held on the deceased to-day. He was a married
man, and has left a wife and family to lament his
melancholy death.

ST. PHILIP'S CIHTUCH, CHOHLEY, in the parish of
Wilmslow, Cheshire, was consecrated by the Lord Bishop
of Chester, on Wednesday. It has been built and en-
dowed by voluntary subscription, an contains accommo-
dation for 300 persons, nearly half of which is free. It
has been erected with a view to its enlargement at some
future time, when the wants of the neighbourhood may
require it. After a sermon by the Bishop, the sum of
£162 was collected, in aid of a fund for liquidating the
debt incurred by the committee beyond the amount sub-
scribed, notwithstanding the very unfavourable state of
the weather, which prevented the attendance of many
who would otherwise have been present.

LIVERPOOL PHILHARMONIC SOCIETY.—The report of
the committee, to be submitted to the annual meeting to-
morrow, shows that, notwithstanding the deficiency in
subscriptions of £258, for a box and thirty-eight stalls
which have not been paid for, (and which it is proposed to
recover by legal measures,) the liabilities of the society
have been reuced to the extent of £5OO. Owing to the
non-payment of subscriptions until late in the year, some
loss of interest is occasioned. In order, therefore, to
place the payment of subscriptions upon a more equitable
footing, the committee recommend the following bylaw to
be adopted :—" Proprietors not paying their subscriptions
within thirty days after the annual meeting, shall be fined
Is. per seat; if not paid by the Ist of April, 25.; and an
additional fine of Is. per seat for every month during the
remaining part of the season that the subscription may be
in arrear." The committee recommend the subscriptions
for 1853 to be fixed as follows :—£3. 3s. each upon boxes
and stalls; £2. 2s. front gallery places; and LI. Is. back
ditto. The terms for annual subscribers to the stalls, £4.
4s. ; namely, £3: 3s. subscription, and £l. ls. for the use
of each stall. Proprietors, to be allowed to nominate any
resident gentleman for the season, upon payment of ss.
for each nominee, as heretofore. The number of concerts
to be eight, as last year. In lieu of the items of £2OO
voted to Mr. Su'tlow, and £127. 3s. 2d. for "rent and
office expenses," a charge of £3OO per annum will, in
future, be made under the head of " office expenses," and
which amount will include " rent, taxes, and clerks'
salaries," as well as the usual compliment of £2OO to
Mr. Sudlow, for his valuable services, voted in very flat-
tering terms by the society, at its general meeting in 1851,
which, however, the committee find has been subject to
several deductions, not intended by the vote, and which,
in justice to Mr. Sudlow, ought to have appeared in for-
mer accounts as separate items. These will also be com-
prised in the allowance of £3OO, an arrangement which,
though unattended with any pecuniary benefit to Mr.
Sudlow, is more agreeable to his feelings, which the com-
mittee have had much pleasure in consulting on this occa-
sion. The committee consider that the best thanks of
the society are due to the practical members for their
valuable and efficient services during the past year. The
receipts for the year are stated at £5,416. lis, lid., and
the payments, £4,984.45. Pd.