The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-07-12 00:00:00

COURT OF PASSAGE.—FamAi.

(Before Wm. WALLACE CURRIE, Esq., Mayor, and CHARLES
CROMPTON, Esq., Assessor.)

PAYNE AND OTHERS EXECUTORS, &C. V. AscROPT.—Mr.
MURPHY stated the case, and Mr. VENABLES and Mr. COT-
TINGH AM appeared for the defence.
This was au action for the recovery of the rent of a house at
the corner of Pitt-street and Greetham-street, occupied by the
defendant, under the testatrix, Miss Huntingdon, for six years,
at the rate of £24 per annum.
Daniel Salthouse, clerk to Mr. Bird, attorney, knew the de-
fendant. He recollected his coming to the office of Mr. Bird, in
February, 1831. He came there to have a notice drawn up as
to the rent due to the landlord, because the officers of the
Court of Requests were in his house. Mr. Ascroft gave him
instructions to prepare a notice.
William Roberts recollected residing, in the month of Octo-
ber, 1833, as a lodger in the house of Mr. Ascroft, at the corner
of Pitt-street and Greetham-street, and afterwards he became
an undertenant in the house for the shop, at the rent of £ll
a year. Since Miss Huntingdon's death he had received notice
to pay the rent to the plaintiffs. Miss Huntingdon died in
August, 1834. The defendant had married Miss Huntingdon's
niece. He knew all the plaintiffs. He knew that Mr. Payne
was a relative of Miss Huntingdon's. Had no:. heard that this
action arose from some family disputes. He believed that Mr.
Payne was a claimant, along with Mr. Ascroft, under the testa-
trix's will. He had never had any conversation with the plain-
tiff about this action. Mr. Ascroft occupied that part of the
premises which he did not occupy.
This was the plaintiff's case.
Mr. VENABLEs said, this was a very unfortunate case, and,
whatever the verdict of the jury might be, it would settle but a
very small portion of the differences which existed iu the family.
There were several differences which, if not settled in a domestic
tribunal, would go far towards sinking the whole of the property
in legal expenses. He would undertake to show that the de-
fendant occupied the premises by the sufferance and permission
of Miss Huntingdon—that it was distinctly, stated that the de-
fendant should pay no rent. When they (mine to look at the
kindness and affection which the testatrix had shown for her
niece—at the request she bad made relating to Mrs. A seroft and
her child before her death—that she was disposed to assist Mr.
Ascroft, who was in embarrassed circumstances, and not take
any of his pittance from him, they would be or that opinion.
Mr. Ascroft had spent a considerable sum in fitting up the shop,
and, in consideration of the large sum he had thus spent, Miss
Huntingdon had stated, over and over again, that she would let
hiin have the premises rent free, and would never receive any
other equivalent. No legacy had hitherto been paid to Mrs.
Ascroft, and, if a verdict went against his client, he must file a
bill in chancery against the verdict. He could have wished
that the matter had been left to some gentlemen to arrange
between the parties, rather than that the whole property should
be consumed in legal expenses. He called
Miss Eliza Hill, who deposed to having known the late Miss
Huntingdon very well. She bad died in August, 1834. She
had been intimate with hr'r between thirty and forty )ears, and
was her most intimate friend. She knew that the present de-
fendant, Mr. John Ascroft, had married her niece; she knew
he occupied a house at the corner of Greetham-street; she also
knew that he was in rather moderate circumstances. Miss
Huntingdon was in the habit of going to visit them at stated
times. She was very kind to her niece, for she had lived with
her for fourteen years before her marriage. She had heard
many conversations about the rent of the premises. The last
conversation was about a week before Miss Huntingdon's death.
Miss Huntingdon came to her (witness's) house, at Bootle, to
see her, as she had been ill some tima. She said she wanted to
see her, and asked to go with her into a private room. She said
she wanted to have some conversation with her how she should
make her will with regard to Mrs. Ascroft. She (witness)
replied, " You have brought her up; she has been long with
you, and yon cannot but leave her something with the rest of
them." She said, "She owes me rent." Witness replied,
" I know she does, but she neither is nor ever can be able to
pay it." She said, " I know it, and, therefore, I will leave
her like the rest; but I have taken her child to maintain and
bring up as my own." She (witness) said, "If so, you ought
to leave her as such." She replied, "So I will; before you go
back I will, before you, leave her as the rest, but I will leave the
child more." She (witness) asked, " What will the rest say ?"
She replied, " I don't care ; it is my own property, and I have
a right to throw it down the channel if I choose; but, as for the
rent, I have never asked her for it, and I never will ask her for
it, nor do I ever expect it will be asked for." She had had
similar conversations with the deceased upwards of twenty
times, and she always made similar statements about the rent.
She made the same declaration when laying on her sick bed.
George Walker, joiner, examined.—Was employed to make
the alterations in Mr. Ascroft's house in the year 1828. Mr.
Ascroft employed him. His bill .was between £2O and £3O.
Several other workmen were employed, and he should think the
whole expense of the alterations was nearly £lOO. During the
making of these alterations he frequently saw Miss Huntingdon
there. He remembered her saying that she thought, through'
Mr. Ascroft's poverty and his relationship to her, she should
never charge him any rent.
Mr. MURPHY would submit that on this plea there was no
such understanding with Miss H untingdon as that Mr. Ascroft
should live rent free. It was only a set of vague conversations,
wherein she admitted rent due, and only stated she did not ex-
pect to be paid it.
The ASSESSOR.—This plea is, Miss Huntingdon never ex-
pected to Ire paid.
Mr. VENABLES submitted that there was quite evidence
enough to go to a jury whether there was sufficient understand-
ing that Mr. Ascroft should live rent free or not.
Mr. MURPHY replied.
The AssEssoß in summing up said it seemed to him from
the evidence that what Miss Huntingdon said meant rather a
hope that the amount would not be, asked for than a declara-
tion that it should not be so. _

The Jury expressed a wish to retire, and after an absence of
an hour returned with a verdict for the plaintiff. That the
plaintiff and defendant stood in relation of landlord and tenant.
rhe amount claimed in the record was £llB, which was of
course the amount of the verdict. The whole amount of the
rent was £l3B, but the Assessor decided if there was a mistake
in the record they must be guided by the sum named whatever
it was.

Mr. VEN ARLES applied to have the set off deducted.
The ASSESSOR said he had" noi. proved the amount by evi-
dence, nor claimed it. Another action would lie for it: bia the
verdict then was for the full amount of rent claimed in the re-
cord.

Mr. VENABLES remarked it was a very hard case, and he
should file a bill in chancery relating to the property.

KNIBB V. HARRISON.

Mr. VENABLES appeared for the plaintiff, and Mr. CoTTING-
HA rd for the defendant.

Mr. VEN A BLES stated the case. The plaintiff was a draper
and tailor in Bold-street, and sought to recover the amount of
£l7 10s., the balance rf an account for goods furnished to Mr.
Harrison, the defendant, who is a joiner. The defendant said
he had a set off for work done in the shop of the plaintiff. For-
tunately he had a witness who would prove that the whole work •
done was not worth more than £9 or £lO, and they were willing
to allow for the work the sum of £lO. 1-Is called
John Rimmer, who deposed that he had been
employed
with Mr. Knibb since 1831. Mr. Knibb was a tailor and
draper in Bold-street. He recollected goods being furnished
to Mr. Thomas Harrison. There was a top-coat furnished
to a Mr. "Wilson on Mr. Thomas Harrison's order, the value
of which he did not know. There was a dark green coat
with silk buttons; a lilac quilted silk waistcoat;.. a pair of
Belgian check twill trowsers ; Silesia cord
a pair of Sillriaotfwill trowsers
an imperial Saxony black coat;
and
check trowsers. They were all furni?S_X to Mr. Harrison '
with the exception of the top-coat. He did not know the value
of these things.
Cross-examined by Mr. COTTINGIi
AM.—He was 13 years
old in 1832. He knew that all the things but the top-coat were
furnished to Mr. Harrison,. he took them home to him. The
black coat was made for Mr. Harrison, and not for his son ;
that was as true as the rest of his testimony. He actually saw
Mr. Harrison measured for the black coat. He believed that
the bill produced was Mr. Knibb's hand-writing.
Mr. COTTINGHAM.—Was not the bill written—"lmperial
black coat—son's?"
Mr. VENABLES.---It is imperial black coat, silk buttons. You
are reading "son's' instead of buttons. • (Laughter.)
The plaintiff's attorney said that part of the b was scratched
out.
Mr. VENABLES.—Some one has been playing old scratch
with it. (Laughter.)
The bill was handed to the Assessor and by him to the jury.
Cross-examination continued.-111r. Harrison was a joiner
and builder. He recollected his making some alterations in
the shop. He made a cutting shop into a sitting-room. There
was a boy and a workman, and Mr. Harrison working off and
on at it for about three weeks. He altered the front door and
put a counter in the front shop. There was some painting, but
Rooney did it.

Re-examined.—The wood was partly found bv Mr. Harrison
and partly by Mr. Knibb.
Thomas Thompson deposed to having been a workman with
Mr. nibb when the alterations were made. The charge for
the_ clothes was a fair charge. The black coat was for Mr.
Harrison, and the bill appeared to him to have been altered.
William Rooney deposed to having done the painting work
after the alterations. Mr. Harrison had paid him a pound for
painting.
Mr. Rankin deposed, that he had been a builder and joiner
in the town for forty years. and was competent to value work
whiCh had been done. He was acquainted with Mr. Knibb's
shop before the alterations were made. He had examined thed
of
alterations for the purpose of valuing them; he haly
valued the time which the alterations would require a man to
make them, and had not valued the wood. The time was worth
forty days at 'is. Bd. per day, £9 6s. Bd.
Cross-examined.—He had not
stairs; valued
nor the
in wood, nor the
work outside of the door ; nor up the cell
the painting.
Mr. COTTINGHA m addressed the jury for the defence. The
amount of their set off was £26 17s. 6d. every item of which
he should have been able to prove had dr. Harrison been alive.
Luckily Langley, the workman who had been employed was so.
He called
Samuel Langley, who had been in Mr. Harrison's employ

".,a`

•
meat in 1832, and,.Worked at the alterations., .There.wera
men employed three weeks. There iirere nails and sprigs, and
glue, and wood, and hinges • used -of Mr. Harrison's, but he
could not pretend to put a value on Mr. Harrison's property.
Robert Green, the apprentice of Mt. Harrison, gave similar
evidence. He .did not know the value Of the materials, used.
The ASSESSOR in summing up, said the plaintiff's demand
was clearly made out; it would be for the jury to determine
whether the set off was sufficiently proved; •
The jury found a verdict for the plaintiff—Damages L 3.,
ATURDAY.
The causes were got through this day at three o'cloCk. Thee
was. no cause of interest to .the

RESIGNATION OF MR. D. W. HARVEY FROM THE

BOROUGH OF SOUTHWARK.

Mr. Harvey has addressed a letter to the eleCtors of South-
wark, in which he has avowed his intention,to retire from the
representation of that borough before. the ,se of the present
session. • " Considerations (he says) of a iZitical and personal
nature, though very unequal in degree, have strengthened my
ptirpose. Expediency,•as you are aware, is the compass of party,
but I have-ever repudiated its guidance, front the conviction
that public men are bound to pursue the dictates of (hay, with,
out regard-to partial and -incidental evils. To act differently is
at all times censurable—at the present moment it is criminal,
at least, such is my conscientious opinion; and, if I have erred
in this respect, it is I alone who pay the penalty, for a greater
political sacrifice can no man make. But it must be made, for
I cannot consent to be a mere ,mute member—a passive
numeral—flattered by a Treasury summons, to swell the ranks
of a division, upon Any question which-two .contending partiel
shall so dexterously select, that no one is committed, save theit
blind adherents. It would be well for mankind if nohe others
were made the dupes of the game. • The Irish tithe bill is not
the sole measure of the present government from which I dis-
sent. Their entire policy is temporisinv, and timid--dishearten-
in to their friends, while it inspires their political foes with
audacious courage.—Mv friends (he proceeds), be not allured
from the path of- duty by idle declamations against the Lords..
There is a mote in the nation's eye, which Must be removed,
before you can rightly discern the seat of the disease. The mas-
ter vice is in the structure of the House of Commons; and it is
an object worthy of all inquiry, whence it is that 300 members
(it'd their way into a reformed House of Commons are thus power.
fully sustained, the ministers will Hare tittle else to do than to
receive their salaries, and the people'to pay them.". Mr. Har-
vey. then alludes to an expenditure, of more than £30,000 in a
series of cosily contests, and observes that nomian in the House
CommonS had greater claims upon the indulgent consideration
of its constituents or the country than himself; for while it was
open to other members to pursue their respective vocations, to
him was denied the right of directing hiS mind to objects for
which he was qualified by education and inclination. He spoke-
with moderation, when he stated that during the two sessions
he hail the honour of being the member for Southwark, his ay.,
tual loss, occasioned by the order which prohibited the, praes.
sional conduct of private business by any member of. the house,
• had not been so little as £6OOO.
Three candidates have been mentioned who intend to offer'
themselves all in the radical interest, viz., Lord Nugent. Sheriff
Salomans, and Mr. Benjamin Wood, brother to Mr. Alderman
Wood.—No Conservative has yet offered himself.

RECOVERY, CONViCT SHIP.—We copy the following from the
Sydney Herald (Australia) of February 29 :—" Arrived ous
Thursday last, the Recovery, Captain 1 llamas Johnson, with,
280 male convicts, under the superintendence of Alex. Niel!,
Esq., surgeon„.R.N. The vessel came into port in a manner
highly creditable both to the commander and Dr. Neill. Thef
prisoners are all in a healthy condition, not one death having
occurred during the voyage. The whole of the berths in the
ship present almost the extreme of cleanliness, and the general
appearance of the convicts is 01 the same character."
CHURCH PLUNDER.-4t is a striking fact; that the Russell
family are in possession of more church property than all the
English Bishops together, the tithe-property of Tavisteok, Wo-
burn, Covent Garden, Breutford, and innumerable other pa 7
rishes besides, amounting to nearly one hundred and thirty
thousand pounds per annum. If patriotism and a regard for
the true interests of religion be any thing more than hollow
pretences, with these well endowed aristocrats, let them at once
come forward and sutain their honours I,v some sacrifice in the
cause of lea' Church Reform, rather that.' by such diplays as a
grant of a hundred pounds towards the support of the most vul-
gar and unprincipled demagogue that ever disgraced the soil of
England

The Bishop of London has received an annonymous subscrip-
tion of £lO9O towards the fund for building additional churches
in the metropolis. Within fourteen days after the Bishop had
mentioned his plan-amongst his friends, he received voluntary
subscriptions to the amount of £W,OOO. One individual hack
annouymously sent the munificent sum of £5000; and a Dis-
senter. in a letter complimenting his lordship on his exertions,
had enclosed £5OO to be applied towards the laudable object.

The Duke of Bedford's subscription of a Hundred Pounds
for the relief of that worthless vagabond, O'Connell, has a soli-
tary exemplification in John Marshall, Esq., the eminent flax-
spinner of Leeds. Mr. Marshall rose from humble life, and in
the moderate space of some thirty years, has amassed upwards
of a million and a half of money—yet it would seem be is dis-
satisfied with the institutions of the country which have enabled
him to accumulate princely riches, and laird him security in
the possession of them. Verily the gratitude of some people is
equal to their wisdom.
CHARITY TRUSTS.—The following is an abstract of the bill
introduced into the I-louse of CoMmons by Mr. Vernon Smith
on behalf of the Government, for the "Election of Charitable
Trustees in the Corporate Towns of England and Wales."
The old Trustees are continued until the election of new ones;
the town Council, in November next, to decide how many trus-
tees are necessary.. The number must be 6,12, or 18. The
burgesses to elect from the councillors, the number so decided
on. No burgess to vote for more than half the number as in
the election of auditors and assessors.—One-third of the trustees
to go out at the end of each year, fur the first three }'ears, the
lowest on the poll first; afterwards to sit for three years, in the.
same, manner as town councillors at present. This body so
elected, with the mayor for the time being, constitute the trus-
tees, with power to appoint a treasurer and secretary, who must
be distinct individuals, and all other necessary officers. This
mayor to be chairman, and in his absence the trustees to else&
one from their own body. The chairman to have a vote"and
casting vote, The town council to have a power -of inspection.
of every thing, but no vote.—The rest of the clauses relate to
the machinery of the bill. .

. .
CONVEYANCE OF NEWSPAPERS BY POST.—'L he .yRatfCCINF
of the Exchequer is ancut to introduce a bill to consolidate and
amend all the laws relating to 'the conveyance of newspaperr
by post. We understand that the following will be among, the
principal enactments.:—All newspapers sent through the Ge-
neral Post, and delivered by the penny or twopenny post,
and vice versa, are to be free. Newspapers ,sent by the twopeany
post are only to pay one penny, and may be sent within post-
towns at the like rate. Newspapers sent from the United King-
dom by packets, and vice versa, are to go free. Newspapers
may be sent from one colony to another ri i the United Kingdom,
by packet-boat, free of postage. Newspapers sent from the
United Kingdom to the colonies by private ships to pay Id.,
and vice versa. Newspapers to or from Foreign countries, to
pay 2d; provided that, in case a satisfactory proof is given that
any foreign state receives or sends newspapers to or from the
United Kingdom free of duty, then no duty is to be charged on
newspapers to or from such state, if by packet-boat; but if 4 by
any other vessel, they are to pay lcl. postage. Newspapers to
be put into the post-office within seven days after date, if gin
out of the United' Kingdom.
We noticed in the Standard of this day weelt the fact that
'Mr. W. H. Forrester, a broker, designated, in consequence of
the favour in which he was held by many interested in Russian
produce, " the Pet of the Trade,'' had absconded, taking with
him a considerable amount of money which he had obtained,
suet in accordance with the regular mode of doing business.—
We stated the amount of the claims against him at £15,000;
but there is, we are informed, too much reason to apprehend
that they will very considerably exceed that sum. '1 he party
has been declared a bankrupt, and this afternoon a private
meeting of his creditors was held at the Bankruptcy Court upon
matters of importance to the creditors. 'l'he
. meeting having
been strictly private, we refrain from noticing any particulars
relative to it. We understand that Mr. Forrester has been
traced as far as Havre, to which place he directed his steps,.
having, as we mentioned on this day week, obtained a passport•
for that port from the usual authorities here. There is but little
doubt entertained that Mr. Forrester will deem it the most pru-
dent course, as Lakeman did, to come to some compromise with
those who have claims upon him. Mr. Forrester had a most
excellent business as a la.oker, and his profits by commissions
arc stated to have been at from £l,OOO to 1:2,000 a-Year, if they
were not even more productive. it is said, we know not with
what truth, that he has incurred losses by transactions in rail-
way and other shares. The property found in the bankrupt's
office after his departure, was not to any amount, but included,
we are told, one or more good bills of exchange.

- •
Lord John Russell has already begun to demonstrate the
little attention which he is disposed to pay to the enactments of
his darling measure, the act for the hotter regulation of corpo-
rations. By the 103 d section of the act it is enacted than an
annual salary not exceeding the sum stated in the petition of
the council shall be paid to the recorder of any borough to which
a separate court of quarter sessions may be granted. At hull
when the town council thought they were likely to have a con_
servative recorder, they fixed the salary at £lOO per annum;
but Lord John Russell, in appointing a Whig successor to Mr
Cresswell, has given a salary of £l5O a-year. •

AMERICAN DUELLING.--The Frederiek3hurg Herald gives an
account of a duel recently fought near Tallahassee, by George
Ward, Esq., brother of the Lieut. Ward who was shot. some
time ago by Colonel Parish, and Colonel Allston, brother-in-
law of Colonel Parish. They tact with four pistols each, and
being stationed at fifty paces distance had the privilege of ad-
vancing as they fired. Each fired four times, the last at twenty-
five Oyes; Ward was wounded in the right shouldet, and All-
ston severely in some portion of his body not mentioned.
NEWSPAPER STAMPS.—Mr. Spring Rice' jun., in reply to a
letter from Glasgow on the subject, says that uo day was ever
appointed and fixed by the Chancellor of the Exchequer fl)r the
reduction of the stamp duties, as the period depended entirely
on the passing of the bill. fie hopes, however, that it may
come into operation on the Ist of August, and adds, that the
stamp-office has received orders to make preparations accord-
ngly.
TRADE OF THE HAVANNAR.—A French erchant at the
Havannah, in a letter dated April 15. says—" m
During the first
quarter of this year there have entered this port 300 Spanish and
269 American ships, and only Once French vessels. The com-
merce of this country, in fact, appears to be entirely engrossed
by the first two nations.
l
• There are one or two branches,, how-
ever, in which the French may compete with them . hey may
import mules from Nantes nearly to the same extent in propor-
tion as to Bourbon. A pair of mules which cost in France 8(X)
francs will sell readily here at 1800 or 2000 francs, provided that
they are full-sized and match well. Rice front Rio•Ctisamansa,
which may he bought at thirteen cents the pound, sells here at
ii.tiele: es.itt arnr rt, ohwbe ahi.ischh'in'idos
twenty-five ,cents. This is an article of sure sale,
gcoenoestrifue;
danisuptioistelldy,44Balt,64oubtiyieouoannuddisituulaiilitltiyiyt
sousCha
this may be added the ?asap of Monte Video, in the conveyance
employ ed."—Frencli
of which twenty vessels may
paper.US TOMS DUTIES.—A return of the CustomsC Duties col-
lected in the United Kingdom for the year ending sth January,
1836, has been published: The three ports which stand highest
in the list as to amount, are London, Liverpool, and Bristol ;
at eacb of which there was an increase last year.
Gross receipts Grass receipts
year ending year ending
London sth Jan. 1835. , sih Jan. 1336.
******** • • •• • £10•597,236 ••• • . £11,773,616
Liverpool
Is c . Br' 1 1 ..... ****** ••• • • 3,846,306 .... 4,272,847
Hull. . 1,072,106 .... 1,177,617
......
Newcastle 286,928.... 289,501
Gloucester
• •
Newport .. .
Swansea
..
Cardiff 3,886 —, 5,60,5,
Chepstow.• •.• • • - • , • • 902 .
•.* 1,195