The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1854-02-21 00:00:00

LIVERPOOL COUNTY COURT.-

YESTERDAY.

THE second February court opened yesterday, before
Joseph Pollock, Esq., the judge. As usual, on the first
sitting, the business was unusually limited-
JUDGMENTS.—His Honour first gave judgment in seve-
ral cases which had been left over for disposal. Amongst
these was the case of " Barnes v. Aspinall," reported
in the Standard of last week. This was a case of colli-
sion between a gig and shandry in.Ullet-lane ; and, it may
be remembered, that the point reserved was whether, as
the gig that was injured was not the property of the plain-
tiff, which he had taken out on hire, but for the damage
to which he was responsible, could recover, he not being
the owner. His Honour decided-in favour of the plaintiff,
and that the " gratuitous bailee" of a carriage could, in
such a case, bring the proceeding.
INSOLVENCY CASES. —Wm. Allen, of Myrtle Cottage,
West Derby, the relieving officer for the West Derby
Union, and organist of Walton Church, came up for his
final order, which was granted, subject to the terms agreed
on in his first examination.—James Skillicorn, of Standish-
street, baker, grocer, and general provision dealer, came
up for his final order, which was. granted.—The case of
Matthew Siggs, horse-dealer, Mount-pleasant, was then
called. It appeared that the petitibn had not been adver-
tised in the Gazette and other papers, in compliance with
the Act, and it was accordingly adjourned for that pur-
pose till the next court —Henry Francis Macdonald, late
of Mille-street and London-road„ hatter, passed his first
examination, and the hearing for his final order was fixed
for the second March court.
FRAUD SUMMONSES. Orders, for commitment for
thirty days were granted against the following parties for
not having complied with previous judgments of the
court : Wm. Hussey, beerselter, 6, Beckwith-street,
£2 19s. 6d. ; Francis Winter, 2 Court, Carlton-street, £1
12s. 9d. (not to issue for a month) ; Benjamin D. Pope,
attorney, 11, Lime-street, £2 is. 4d. (not to issue for a
fortnight) ; James Redman, sadler, 6, Clegg-street, £5 4e
(order not to issue for a month) ; Beauchamp, sen.
collecting clerk, Norton-street, Islington, £5 17s. 6d. (not'
to issue for two months) ; Alfred Harper, 17, Nursery-
street, Kirkdale, £l9 12s. 4d.; Richard Davies, book-
keeper, Albert Dock warehouses, £1 lls. 41. (not to issue
for a fortnight) ; Alfred Wolfe, gentleman, 8, Upper Can-
ning-street, £5 13s. 11d. ; James Stevenson, rigger,
Peaceable-place, Wright-street, £2 7s. 10d. (not to issue
for a month) ; Jonathan Gates, post-office clerk, 49, Soho-
street, £1 13s. 9d. ; John Roger Davies, licensed victual-
ler, Union-street, Ell 19s. 4d.; James Richards, keeper
of Roscoe Arcade, £1 135.; James Hendrick, seaman, 6
Court, Combermere-street, 9s. 11d.; Dr. Quail, surgeon,
at Mr. Aspinall's, 135, St. James's-street, £6 168. ld. ;
Norman M`Leod, custom-house broker, Crooked-lane,
£1 18s. 2d.
AN APPLICATION.—IN RE PETER DONELLY.— Mr.
Wheeler, solicitor, made an ex parte statement in this
case. Donelly, it appeared, had petitioned the court as an
insolvent, and amongst his principal debts was a sum of
£5O damages awarded against him in the late sitting of
the Court of Passage, for crim. con. and false imprison-
ment. Mr. Wheeler said—Might I call your Honour's
attention to a schedule filed at the latter end of last
week ? I appear on behalf of the principal creditor, who
has recovered damages against this insolvent, in an action
of crim. con.—The Judge : Seduction ; is it not a daugh-
ter P—Mr.',Wheeler : A wife, I believe,but it is stated seduc-
tion there, (on the schedule.) I submit that steps have been
taken to induce you to sign that protection, not certainly
for the purpose of granting his final order, because, under
the Act of Parliament, you have no power to do so. I
think if the attorney had called your attention to that
entry, you would not have given him that protection. It
has been the means of defeating our execution, and the
damages, I may state, had been awarded by a jury. My
application is, that you will grant a rule nisi why the
summons should not be dismissed.—The Judge : How
can Ido that ? This was mentioned to me on Friday, by
an officer of the court, after I had signed the petition. I
have no hesitation in saying, that if I had seen this before
I signed it, I should at all events have made inquiry; but
I have signed it, and it does not seem to me, from inqui-
ries that I have made, that any fraud was used to induce
me to sign it. Then, if there has not, how can I set aside
my own act ? I am afraid it is my own fault.—Mr.
Wheeler: Then I would ask you to name an earlier day
for his coming up.—The Judge : I have no objection, if
you will show me that I have the power. lam not quite
certain that my protection is worth anything, but it may
be that it is. It is not intended that I should refuse pro-
tection, only that when the matter comes clearly before
me, and a man is shown to be liable upon an action for
seduction, it may be I must refuse him his final order :
s s
tindeed,an gI
edtohnal
as e
me ha
no wp
uI t
scan grant
schedulei m l swfihnaa al
porr do
he
irb.
ilt
st
me granting it.—Mr. Wheeler :If he had not, he would
have been liable to an action for perjury.—The Judge :
Let the matter stand over till Wednesday.
After disposing of an interpleader case, possessed of no
facts of interest, in which Messrs. Jeffery,-.Morrish, and
Co., of Compton House, were the plaintiffs, and which was
decided against them,
The court rose early.

LIVERPOOL COURT OF BANKRUPTCY.—Yesterday,
before Mr. Commissioner Perry, Mr. John Clegg, licensed
victualler and eating-house keeper, passed his last exami-
nation. Bankrupt was formerly the Occupier of the
Strawberry Gardens, West Derby-road, and of an eating-
house in the neighbourhood of the Custom-house ; then
of the United States Hotel, Waterloo-road, and latterly
the occupier of a house in Dale-street.
THE FRANCHISE TO FELLOWS OH tELRNED SOCIETIES.
—lf a graduate of the University of London is to have his
own especial representative in Parliament, and to carry
with him the personal right of suffrage into any consti-
tuency he may choose to honour with his patronage, what
reason can be shown why the same personal privilege
should not be extended to Fellows of the Royal Society.
Fellows of the Society of Antiquaries, and other learned
bodies ? Fellowship in a great learned society is a higher
rank than graduateship in a university. It_ involves larger
knowledge, riper years, more settled habits, and a confirmed
position in the world of intelligence.—Athenceum.

THE WAR.—REMOVAL OP TROOPS FROM PRESTON.—
On Wednesday last, seven companies of the 34th Regiment
left the barracks here, and proceeded by rail to Halifax,
Leeds, and other towns in Yorkshire. Three companies
and head-quarters still remain here, though we believe
they expect to be removed in a few days. On Wednesday
evening, the 28th Regiment arrived here from Leeds, to
await embarkation for the seat of war. As the regiment
left Leeds, they were loudly cheered by the inhabitants,
who had assembled to witness their departure. They
will remain here until Wednesday morning next, when
they will proceed by rail to Liverpool, where the splendid
steam-ship the Niagara is in waiting to receive them.
This fine vessel will, we understand, take the whole regi-
ment, now 900 strong. Should the 28th not leave town at
a very early hour iu the morning on Wednesday, we trust
that the spectatorsof their departure will give them some
hearty cheers as they leave us to defend the honour of Old
England. The 88th Regiment, we understand, will occupy
the barracks here, after the departure of the 28th, until
the arrangements for their embarkation are made, that
regiment being also under orders for active service in
Turkey.—Preston Pilot.
SURGERY V. BONE-SETTING.—In our last number, we
directed the attention of our readers to a case in which
we considered that a member of our profession had been,
to say the least, very harshly used ; and we also took
occasion to contrast the results in those instances where a
quack is brought to the bar of justice, and in those where
a legitimate practitioner unfortunately falls in with an
unsuccessful case. We were not aware that, while our
last article was in type, a case was being tried at Liver-
pool which completely bore out the justice of our remarks.
A bone-setter, named Thomas, had undertaken to treat an
accident which occurred to the leg of a person named
Crowley, and, according to the evidence given at the trial,
he bandaged the limb so tightly that mortification ensued,
and amputation became necessary. The man who thus
lost his leg brought an action against the bone-setter for
unskilful treatment : but the defendant, among other
pleas, urged that " he did not hold himself out as a
person of skill and knowledge ; that he was not a surgeon,
apothecary, or medical practitioner ; nor did he undertake
to treat the leg as such ;" and the result may be guessed
with great facility : he, the bone-setter, being neither
surgeon, nor apothecary, nor medical practitioner, and
boldly declaring that he did not wish to be considered as
such, had, of course, a verdict in his favour ! The whole
of this proceeding is so monstrous, the law laid down upon
the occasion so repulsive to common sense, and the remarks
of the defendant's counsel so shameful, that we intend to
make some further remarks upon the whole case, which
we regret we are unable to do in the present number from
the pressure of oilier matters. In the meantime, we may
again say, " Look upon this picture, and on this." An
educated surgeon is made to pay £250, with costs, because,
in spite of the greatest care and attention, the leg of a
sickly infant mortifies, while an ignorant bone-setter
brings about the very same result:by tight bandaging,—
but the latter person being neither physician, surgeon, nor
apothecary, and disdaining to be considered as such, has a
verdict in his favour, the jury taking hardly any time to
consider their opinion, and the judge openly expressing
his approbation of their sagacity I—Medical Times.
ST. DAVID'S DA.T.—We are glad to find that unusual
exertions are being made this year, by the friends and
supporters of the Welsh Charity Schools, towards aug-
menting the funds of this excellent institution. It is now
fifty years since they were established, and the amount of
good they have accomplished in affording sound education
to the offspring of Welsh parents and others in the town
during that period is more than can be well calculated.
A ball, for the benefit of the charity, is to take place at
the Town-hall, on the 27th instant, patronised by the
Mayor, Lady Williams Wynn, and other parties of dis-
tinction. We trust the coming anniversary will be the
means of enlisting the sympathy of many new friends, so
that the efficiency of the schools, which have been impart-
ing the blessing of an education based upon the Word of
God, since the year 1804, may not be impaired, but that
they may grow in usefulness as they increase in years.
The Rev. Thomas Thomas, the highly esteemed vicar of
Carnarvon, will preach on their behalf, at St. David's
church, on the evening of the 28th instant, and on the
Ist of March.

STEAM TO BRAZILS AND TIM RIVER. PLATE.—We are
glad to find that the losses so unexpectedly sustained by
the South American and General Steam Navigation Com-
pany are not likely to interfere with a vigorous prosecution .
of the line. We have already noticed the change of sail-
ing arrangements, by which the 'ocean steamers of this
company are to stop at Rio Janeiro; and the communica-
tion between Rio and the River Plate to be kept up by a
fine new screw-steamer, the La Plata, which, though only
launched on Thursday last, has now her boilers and
machinery on board, and will make a trial-trip during the
present week, prior to the departure with goods and pas-
sengers for the River Plate on the 10th of ➢larch. This
is rather an unusual feat, and very creditable to the
makers of the engines, Messrs. Humphreys, Tennant, and
Dykes, of Deptford, the latter gentleman being down here
personally to superintend the work; and he has exhibited
a degree of energy and activity about the matter quite re-
freshing to the slow pace at which such things generally
proceed. The company have also purchased a fine paddle-
wheel steamer, to send out immediately in place of the
Argentina ; and another more powerful one, worthy of the
' important and increasing passenger-traffic between Monte
VI eo and Bueu.os. Asy rea, is to be at once laid down.