The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-08-23 00:00:00

'endant's Company

e of the comps

's trains.

lamages,

plaintitt -
E v. OLIVER

this town, claiined £llO
.burton, in January last

an- etgagement with

team-tug was sent in search

found her near Beaumaris,
to Liverpool. After one or
examined it was shown._ that £l6
_
I paid fi

shin ; ultimately, how, -ever, sh
from thence

and towe

two witnesses had

towing vessels of the Env
ne Lord Ashburton, from Beaumaris to Liverpool, Sin
e' defendants had already received £B5, his lovishii
was, of opinion that they had. been well paid. Plaintill
nonsuited

was the usual s'

art rose at hal

AUGUST 22.
and a Special Jury

NISI PRIUS COURT, MONDAY
Mr. Justice Erl
v.TH

)u relative to a right
of way. In this case a verdict was by consent given for
the plaintiff, each party paying his own costs.
DA.IINT V. SCHLISENGEE, AND this action a
verdict was; by consent, returned for the dlaintiff, subject
to such terms as might be ultimately agreed on between
the counsel for the parties.

JENNINGS' AND 'OTHERS' V. BECREM—ThiS was an
action of trove to have it found that certain goods which
had been seized by defendant, belonging
,to one John
Johnson, a cabinetmaker, in Wakefield, who had become

bankrupt, ought to be given up to the creditors.
The plaintiffs were assignees for the creditors of John-
sen. The defendant had carried on business as a
cabinet-maker andauctioneer in Wakefield, and in January
1860, he relinquished the cabilet-making basin_
farour of Johnson,- who was to take the stock, as far as
that should amount. to £5OO. On a valuation the stock
was'found to be worth £550, and according to agreement
a power of attorney was drawn up as security for the
money, and given to the defendant. Johnson continued
to carry on the business, and the defendant confined his
attention to the busir

Less in

Combe

ECCLESIASTICAL INTELLIGENCE.

curacy c

death of

ss of an auc

George Dover, to the perpetual curacy of Sf. Mary's Church,
Kirkdale, in the county of Lancaster, void by the resig-
nation of the Rev. David James. Patrons, the Trustees.

due,

DIOCESE OF CHESTER

Ts.—The Rev. R. Kc

residence to the Rev. Frederick }ford, rector of St. Peter's,
in the city of Chester, until the 31st day of December,

1854, on account

Rev. F. A. Baker, M.A.. to the C
Leonard's, near Stroud.
Rev. C. B. Barrow, M.A., to the

Leicestershire

51 ill healtl

petil.al curacy

ENTS AND APPD

Rev. C. H. Carr, M.A.,
church and district of St. Jc

at Grasseudale.
Rev. P. V. NI. Filleul, M.A., to be Warden of Christ's
College, Van Diemen's Land.
Rev. E. Hanson, M.A. to the Vicarage of Thaxted, Essex.
Rev. L. H. Hog:, Curate of Cranford St. Andrew
and St. John, Northamptonshire, to the Rectory of those

parishes.
Rev. R. C. Hubbersty, M.A., to the Vicarag
Northamptonshire.

to the
,hn, Li

arnabas Churd

acy of Stanley St

Rectory of Damell,

mbency of the new

Rev. E. James, 8.A., to the curacy of Peahirk, North-

amptonshire

,f Helpstone,

Key. T. James, MA., Honorary Canon of Peterborough,
Vicar of Sibertoft, Northamptonshire, and one of his Lord-
ship's Domestic Chaplains, to he Examining Chaplain to the
Bishop of Bath and Wells.
Rev. R. Kent, 8.A., to the
near Nantwich

Rev. R. Lowe, M.A., to Vicarage of Ki'town, Roscommon.
Rev. W. H. Milner, Vicar of Penrith, to the Vicarage of
Hmncastle, Lincolnshire (and not the Rev. H. Gipps, as
erroneously stated).
Rev. G. D, W. Ommanney, M.A.r to the Curacy of Aid
bourne' Wilts.
Rev. J. F. Pizey, M.A., to the Vice--
Rectory of Strixton annexed, nee- -
Rev. W., S. Prout, to the Vicarage
Brandon Ferry, Suffolk.
Rer-J. SedgWick, M.A., of Magdalen. College, Oxford, to
be one coV the Dbmestic Chaplains to theitarl of Guildford.
Rev. S. H. Sherard, to the Curacy of the Chapelry of
Chideockr with occasional duty at the Chapel of Stanton St.
Gabriel, in the parish of Whitchurch Canonicorum, Dorset.
Rev. R.- Sorsbie, 8.A., to the Curacy of Oakhant, Rutland.
Rev. C. P. Stumble, 8.A., to the Curacy of St. Mark's,
Gloucester
Rev. E. 1
Dorchester,
TICE RE

nd valuator
The wife of Johnson assisted him in- keeping his books
and accounts, but as the business increased, Parkinson, a
clerk of the defendant's, was engaged to keep the books at
his leisuretime. In doing:this, Parkinson ingratiated him-
self into the favour of Mrs. Johnson, and early in March last
she and Parkinson eloped,-; the former carrying off what
money was in the house, and also some property. Beckett
having become acquainted with this fact, and being, as it
would seem' _desirous of securing his own interest, advised
Johnson to keep out of the way, lest his creditors should
take steps for recovery of their debts, as that, he said,
would be a serious thing. In the meantime, Beckett took
immediate steps to secure payment of his own claim. For
the purpose of doing so, he obtained a judgment, and ex-
ecution on his power of attorney, and under it seized
goods to the amount, as it was alleged, of about £9OO, but
which, under the execution, were sold to the sheriff's officer,
who levied in execution, for the' sum of £614. It was
contended, that Johnson having gone out of the way, con-
stituted of itself an act of bankruptcy ; and that the defen-
dant,having possessed himself of the goods in question,was
to the detriment of the creditors, and the plaintiffs, as their
assignees, sought to have the goods, or the value delivered
up to the general estate, for behoof of the creditors, in-
cluding, of course, the defendant himself. Johnson, it
should be stated, has passed through the bankruptcy court,
and has obtained a. certificate of the first class. Evi-
dence was heard for the plaintiff, at great length, from
which it appeared that Johnson went out of the way at
the instigation of the defendant ; and.- that on his recom-
mendation, Johnson had stated that he had obtained some
clue to where his wife was, and was gone in search of her.
This, however, was not. true, but was done in consequence
of the advice given to Johnson, by the defendant, whom
Johnson understood to. be his friend. The case for the
plaintiffs having been concluded,:the:defendant agreed to a
verdict for the plaintiffs• of £450, subject to certain con-
ditions, to be subsequently agreed on.
VAN BAGEN v. BAINES.—This was an.. action brought
on a case of chartering. In this instance the defendant
entered into a contract for chartering from the plaintiffs,
who are extensive shipowners in Amsterdam, the ship
Wassenaar. In terms of the charter the .ship was to be
despatched from Amsterdam some time in March. The
evidence, which was nearly all in writing, .was very vo-
luminous, and from it, it appeared that the ship was of
600 tons burden, of five-sixths confidence, and she was to
carry a cargo from Liverpool to Australia, at the rate of
LU per ton. The defendant is an emigration agent, in
Liverpool, and in terms of the charter the ship was to be
in Liverpool by a certain time. On the part of the
plaintiffs it was stated that the vessel having returned
from a voyage to Batavia, was as speedily as possible
put into proper sailing condition for passing through the
Canal, and on the 30th of March she was -ready for sea,
with the exception of a small quantity of ballast, which
was not put on board that she might pass through the
canal with greater ease and. safety; she also bad to receive
two additional seamen. This,. it was stated,. was a cus-
tomary proceeding. A day or two thus elapsed in getting
in her remaining ballast, after which she was detained by
severe weather till the 9th of April. Ultimately she
arrived in Liverpool on, the 17th .of April, by which time
the defendant had made up his mind to have nothing to
do with the Wassenaar. After her arrival, in Liverpool,
the. Captain reported himself to the defendant as having
arrived. In a day or two the defendant made application for
the log-book ; and subsequently, in answer to a notice from
the captain, stating that he was on a quay berth in the
Victoria Dock, and was ready to take in- cargo, he sent a
note intimating that he must decline to have anything to
do with the Wassenaar. He subsequently alleged as a
reason for declining the charter, that the ship had not
been despatched "in all March." In the log it had been
entered by the mate, on the instruction of the captain,
that the ballast and the crew were all. on board when the
vessel left Amsterdam. This was not true, but it was ex-
plained that the entry was made because the captain la,
soured under the impression that ballast could not legally
have been put on board after leaving the port. It was
likewise made a ground of declining the charter on the
part of the defendant, that the vessel had not been truth-
fully described as a five-sixths confidence ship. A great
deal of evidence was adduced to prove that due diligence
had been used to , get the ballast on board, and that if
sufficient ballast had been on board to qualify her for
going to sea when she left Amsterdam, she could not, have
passed through,the canal ; the pilot alone stating that he
could have taken her through the canal, although all her
ballast had been on board. Surveyors belonging to the
bureau verit.as of. Paris proved that her classification as a
five-sixths confidence ship wasia true classification. For
the defence it was contended that an essential, element
in the contract was, that every reasonable expedition
should be used, in order to have the vessel despatched to
Liverpool, in order that she might be loaded and sent on
her voyage.. •It was indisputable that freights were at the
time falling, and continued. to fall, both before and after
her arrivalna Liverpool_;, and the detention, which it was
contended was unnecessary, was thus the means of sub-
jecting the defendant to increasing loss. On investigation,
it was.farther found that a false representation on an im-
portant point had, been made in the ship's log, and also
that minor misrepresentations had been entered on the
same register. This was sufficient to shake the faith of
any_ one in the honesty and fair dealing of the parties
having the management of the ship. She was to have
gone on a long voyage, and it was of the first consequence
that good faith, in every respect, should be maintained
by those to whom she was to be entrusted.—His Lord.-
ship summed, up with much care, remarking, minutely,
on the various points of evidence,. as these bore 011 the
facts in dispute. The question of law would, he said, be
left for decision by the court above.—The jury having
consulted, found that the ship was at the time spoken
of five-sixths confidence. The jury again consulted, and
found for the plaintiff £1,440, which was amended to
£1,500, to cover expense of brokerage under the second
chartering.
ONIONS v. CROWLEY.—I 4 this case the plaintiff sought
to recover compensation for an infringement of a patent
invention by which the plaintiff was enabled to manu-
facture what is called the. "Byer," an instrument used in the
spinning of cotton and other fibres, of annealed cast-iron in-
stead of maleable iron as was the previous practice. In de-
fence it was maintained that the process in question was no
invention of the plaintiff's, but was, in fact, an infringe-
ment of a previous patent process, known as Fletcher 's
patent, which, it was contended, was essentially the same
process as that laid claim to by the plaintiff. It was ad-
mitted that defendant had made and sold " flyers" made of
cast-iron, rendered maleable by annealing. The case for
the plaintiff having been concluded at half-past six o'clock,
the court adjourned till nine o'clock this (Tuesday) morn-
ing.

Incumbency of Burteydam,

of
to Lanark, t

Re of Bozeat, with the
°rough.

eilingb,
L

Whitehead, to the Rectory of Go

third to the

A CAiTONADE.—The Carlisle Patriot states that the
Rev. Canon Gipps is about to resign the living of Cor-
bridge, the best piece of preferment in the gift of the
Dean and Chapter of Carlisle, but has attached this

IN77L. aids,

Lg the land,

,f the Lon(

lauritius

Mission in Glasg

DERICTON

.eaneath, near

imanstone, near

Missionary

It COD-

zentlen

trifling condition t(
living shall be made
scarcely admitted to priest's orders
MR LORD BISHOP 01F-MANCHESTER, on Thesda,
the Diocesan Registry, St James's-scinare, licensed t

that. the

Rev. •]

Church, Preston,) to the stipendiUry curacy of St. P6ter':
Church, Preston, on the nomination of the Rev. W. M
Parish, the incumbent. The Rev. Walter Nicol, MA
(late curate-of Denton Church)

:e curate of

the perpethal curacy of that Churc
the patron, the same being

)een nominated 'to

Ouncrow.—Gold has been found on the Santiam river,
and there was considerable excitement in Portland with

of 'Wilton

vacant by the resignation of

ell, the las

actuntent

regard to it.
THE YELLOW FEVER IN NEW ORLEANS. A letter
from Dr. Hawks, a clergyman of New Orleans, gives a
lamentable account of the ravages of the yellow fever in
that city :--" Others may endeavour to make people abroad
believe there is no danger, while there is really at this
moment raging one of the most fearful epidemics that was
ever known. The fever is of a frightful type, nearly every
case black vomit in eight or ten hours after the attack, and
the mortality is unprecedented. Dr. L., who, you know,
is one of the most eminent of our physicians, told me thil:
day that there were more deaths than he ever knew at any
other period, and the suffering exceeds anything I have
ever witnessed. I have this day visited forty-four persons
sick with the fever, and by to-morrow do not expect to find
ten of them alive. lam going from house to house, from
one scene of the most appalling wretchedness only to see
another worse, if that be possible, than the last. Death is
all around me in his most frightful form, yet my duty is a

kDVERTISINC

Beamish, 178
Tug VAJt
well to ponder the following sensible remarks coat
a cheap little book, entitled "H(

to Get Money

iometimes to

who has no friend,

Get what you e

Association (you know all
rL and the poor will bless

MRS. WARNER, the once c
is dying of a most painful di
table assistance she would be a pauper.
BIRMINGAM GAOL.--A commission has bees 413'
H
pointed to inquire into the alleged cruelties practised
this gaol. Lieutenant Austin has, it is said, resided
appointment.
TWIN' Simi

brateductress, it is sty►
Ise. and that but for chin.,

Jour at t

0, land has been
bY

on gIiPS

f; scare

Len have bC

on the roads between Hamilton an(

seen plying the shovel with masculine dexterity. . iso
A FRENCIIMA.N, M. Theodore Tiffereau, says that
has discovered the means of making gold. In a rit:
laid before the Academy of Sciences, entitled,
Metals are not Simple, but Compound Bodies," he 7A.
put forth his views, and asserts that he has atuallY 1)
duced gold by artificial means.
DECREASE OF METRODISM.—The Wesleyan Confereh.,llc,
had to report an annual decrease d;.
Tt is officially reported to the
,ocie • • ty

ranks of

etfiodism

ference now in session that the
have fallen off to the extent of u

.numbers of the
re than 1,000 nieniveL.'

during the past year. • An lie•
FATAL ACCIDENT' WITTE A CAMPIIINE LAMP
cident has occured from the incautious falling of al' b
with the spirit of camphine, which resulted in the deilrit,
of a little child and the, serious injury of ar --""-

aidßitson, a shopkeeper at Dalston, near this city,
plenishing a camphine lamp, when a portion of the.
ran over the table and upon a girl who was nursulgthe r•:
little child, about four months old, and who was near, of
table at the time. The spirit ignited with the rapicuito
gunpowder, and was almost as deadly in its effects., 01'
infant was so seriously burnt that it has since diet', re,
the nurse is suffering severely from the burns she
ceived.—Carlisle Patriot.
AN ENGLISH COLONY.—A parliamentary Psir •
been printed, containing an extract from the • '
code for the island of Malta and its depende°
relating to the punishment to be inflicted for offe
against the respect due to religion. For offences
the worship of the Romish Church; the punishment
from a few months' imprisonment to two Yea:s4A:
stealing from- a Romish Church hard labour from cip_
months to three years. Further it is declared that
the thing stolen shall be or shall contain the most Foot
eucharist, the: punishment shall be hard` labour fr°_
to six Years, to which punishment it shall' be lawful to
that of solitary confinement for not more than six terms'
APPLICATION POR DISCHARGE BY A' TIIIRII.I
YEARS' PRISONER.—At the Judges' Chambers, Lo
last week, an old man, named Richard Candlin, No,°,
Been thirty-six years. in prison, was brought uP ";01'
writ of habeas corpus before Mr. Justice 01
applied for his discharge. He complained that be,,,,,ed
unlawfully detained= in the Queen's prison. It aPPor
that he • was committed to a Welsh prison hi thehz
11811, and when the- Court of Session was abolishe',`,,,t
was brought up to the Fleet prison, and when LtTle
ncuana, on prisms was_ demolished he was transferred t°

„..i.„.,
_ ____ _ .
,vay to Madagascar, to ascertain whether missionaries Queen's prison, where he still remains. A ,v`",,,rt,
will be allowed. to settle on the island.—Cape Town Mail. order had been obtained in the Insolvent Debtors el) be
THE BISHOP' 07 GLASGOW AND GALLOWAY has and he was called upon to file his schedule, but tile
ordained Messrs. Crabbe, Weldon, and McKenzie, Students refused. The present application was opposed, °,,.° (le-
” Trinity College; Glenalmond, and has licensed the first ground that the original: debt still existed ; butt.P. e the
'' - ..cored to St. John's, Anderton, and the fendant could get, his discharge by filing a E'tO ao

vent de

iins°, _ ____" -........0 uuer 111141 1/Cc.. --- ~,..
_.. -A.ne consecration of Fre- I so, free of expense, but he would not allow it to be Iftice
dericton Cathedral is to take place on Tuesday next. Dr.
Medley, the Bishop ofFredericton, has contributed a. large. I The applicant denied the latter allegation. Mr. lie
i Williams told - him he could •do nothing for him ; be —ae
portion of the funds- from his private resources, - but a unistlistiee
I file his schedule. The applicant said he was
heavy debt still remains. I tamed, and he would not file his schedule. Mr• le tbe
11/4T- G. -.' —Th. i' -..-- I Williams : " Then if you are-obstinate you must tak,e, tiv

_NEW ,SURCII.- „ mundation-stoue of a new &arch 1 .
was laid on Monday, at, Bollington, in Cheshire; by the consequences." The old man contented that w Ils
;tist
daughter of the Rev. Dr. Hordern, Vicar of Rcstherne
justly in prison, and further urged his case. gr. Jot
the parish in which Bolfington is situate. The new church ;Williams
decided that he could not assist him ;he t
,- be
-commodate about:3so persons, and will be built by 1 file his schedule. The old man left in custody e_'o ,'
gaoler, and was taken to hik, old quarters in the Q"'''
- '

prison.

LATEST INTELLIGESO'

MONDAY EVENDTG, AUGUST 23,

ELECTRIC I'ELEGRAP-11' tbe
The weather in France has become very fine; hum

rill be considerable

the Rev. William Parr Gri
Cn-cxcn OF SCOTLAND.---The annual Synod of the
united diocese of Argyll and the Isles was held on the 3rd
instant, at Lochgilhead. In the course of the proceedings
the bishop laid before the Synod the proposed constitution
of Cumbrae Church and College founded by the Rev. J.
F. Boyle, and placed by him in the hands of the bishop.
The bishop is to be ex-officio-visitor. The resident clergy
are to consist of a provost and at least six clergymen, two
for the-service-of • the church and tuition in the college,
two at the disposal of the bishop, and two aged clergymen
taking part in the church service. The bishop intimated
that he had for a time accepted the office of provost, and the
Synod gave its, sanction to the proposed constitution of
the foundation, with a vote of thanks to the founder.
TESTIMONIAL TO A CLEE-G•SMAN.—A very handsomely-
chased silver inkstand has been presented to the Rev. C.
T. Pizey, 8.A., late assistant curate of Bedworth, tearing
the following inscription r---" Presented by the congre-
gation of Bedworth Chum- to the Rev. C. T. Pizen:B.A.,
being-a slight testimonial: of their regard and respect for
him, as late assistant curate. August 6th, 1853. Mr.
Pizey also held the office of second master of an endowed
grammar school at some •distance from Bedworth, and
therefore was not parochially connected with it ; but this
must enhance the value of the testimonial that, although
not personally acquainted with his charge, yet tninisteri-
allN and in a few months, Mr. Pizey gained the, esteem
of those among whom he-laboured. It is a most interest-
ing- feature in this subscription, that very many of the
poor have contributed.—Coventry Standard.
INlEunsa or ConvocAmoN.—On Thursday,at eleven
o'clock, a number of clergymen, members of the lower
house, assembled iu convocation in the Jerusalem Cham-
bft., but at half-past eleven the Rev. Canon Wordsworth
entered the room and, intimated that three o'elock was
the hour fixed upon, and that the Archbishcp of Canter-
bury would not be present until that time. 'l.lns took the
rev, gentlemen very:much by surprise, and,. considerable
discontent was manifested ; but after an interview with
the Dean of Ely, as. Prolocutor, at Dr. Wordsworth's re-
sidence, an adjournment took place until a quarter-past
two o'clock, when the reverend gentlemen reassembled at
Dr. Wordsworth's .and at three o'clock thaentire body of
clergy in attendance, including the Prolocutor and the
Rev. Canon Wordsworth, again appeared in the Jerusalem
Chamber, and there remained standing, in groups dis-
cussing the state- of affairs until a quarter past three
o'clock, when the Archbishop arrived, attended by Dr.
Twiss, the vicar-general, and Mr. Dyke registrar. There
was no other bishop present. The Dean of Ely, on behalf
of the clergy present, complained that• no intimation of
the change, from the usual hour of cmeetiug had been
given, and, their hope that his grace would give such
orders as might prevent a similar occurrence in future.
His grace replied,believing that it was generallyunderstood
that the meeting was only for prorogatien, I did not expect any
one would attend, otherwise I wouldhave eausedthe hour te
be generally known. lam very sorry that it has happened so,
but I never. had any idea that there would be any busittais
at the prorogation ; that it was, in fact, the same as the
prorogation. of Parliament, and I never expected any one
to attend. Mr. Dyke then formally prorogued the Convo-
cation to Saturday, the 10th of September next. No time
was., fixed, and notwithstanding, that the omission, was
pointed out his grace bowed at the conclusion and_with-
drew. The members remained a few minutes in conver-
sation• with each other, apparently in no complacentimood ;
but one by one, or in groups of two or three, they also
withdrew, and the Jerusalem, Chamber was deserted. The
following notices were intended to have been giyen for diS-
eussion at next meeting of Convocation by the Rev. Chan-
dos Pole, had a house been formed :—Motion to take into
consideration at next meeting of Convocation the neces-
sitous state of remote hamlets, and also of denselypopu-
lated districts, and in what way they can be, ameliorated
in their religious wants, either by the erectien of chapels
subordinate to the existing church, or by what other
means ; also to take into consideration in what manner
the church can be benefited by deacons in remote places
subordinate to the, incumbents, and at what age they
should be admitted to the office, and what trainirg is
necessary.

A FATAL ACC DEFT AT THE CETSMAL PALACE occurred
on Monday week, through the sudden fall of a scaffolding
in the interior about 180 feet high. Ten men were killed
on the spot, two have died since at the hospital, and another
is without hope of recovery. The jury returned, a verdict
of accidental death.
DURING THE LAST QUARTER of the year there were
received in the Dead Letter department of the General
Post Office, at Washington, two thousand and eighty-one
letters which contained money. The aggregate amount
was 12.,000 97 dollars.
Tux DUEGARVAN EL.ECTION.—The nomination for
Dungarvan is fixed for this day, Tuesday, and the polling
for. Thursday. The ministerial papers here are loud in
their praises of Captain Brabazon, and consequently op-
posed to Mr. J. F. Maguire.
CORK CITY ELECTION.—The polling commenced on
' Friday at eight o'clock. At seven o'clock, the constabu-
lary were tolled, off to the booths in the several wards,
For the first two hours Colonel Chatterton led by a large
majority, amounting to over 100. The next three hours
the majority gradually decreased ; and from ten o'clock to
the close of the poll the majority increased for Mr. F. B,
Beamish, The gross poll which will bc,
will be—Beamish, 1,183; Chatterton, 1,005 ;

leelared to-day
rity for

Advertisers will do
ed in

" liThatever your occupation or calling may be, if it needs
support from the public, advertise it thoroughly and effi-
ciently, in some shape or other that will arrest public at-
tention. I freely confess, that what success I have had in my
life, may fairly be attributed more to the public press than

to nearly all other causes combined. There may possibly
be occupations that do not require advertising ; but I can-

dvertising is done

Lc doses of adver-

half a potion of

permanent
__—

this country

the cheapest

to vitae;
Le appearance