The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-11-29 00:00:00

objection is withdrawn

In cross-examination by Mr. Bremner, the plaintiff said
that during the time he stayed he heard some hundred

oojectzons made by
by a Mr. Brumfit.

!master anc

hundreds

Mr. Bremner contended that the action could not be
maintained, and that the•plaintiff must be nousuited, upon
two grounds ; first, by the 17 sec. of the statute of William:
"Every person whose name shall have been inserted in any
burgess list for any borough may object to any other
person as not being entitled to have his name retained in
the burgess fist for the same borough." Now that was
without any limitation, nor did the statute inflict any
Under the reform bill there was no
a notice of objection, and it was not
eleven years after _ the Reform Bill,

penalty for so doing,

penalty for serving

that the legislature passed the statute which gave a revis-
ing barrister in counties and boroughs power to inflict
costs " upon any person who shall have made, or at-.
tempted to sustain, any groundless or frivolous and vexa-
tious claim or objection ;" but the legislature has not
thought fit to grant such'power to the court for revising the
municipal lists. If the legislature had thought that they
should have had that power, they would have given it,
because since the statute of Victoria had passed there had
been many acts passed amending the municipal reform
act, but no clause had been proposed, though it would have
been very simple to have done so. The statute, therefore,
having given the right to object to any person, the objector
could not be liable in law for having made an objection
though it did not succeed. The second ground upon which
he contended that the plaintiff must be nonsuited was,
that the summons was " for work done by me for you,"
which had not been attempted to be proved, and of course
could not.

Mr. Akpinall said that his Honour could amend.
His Honour asked Mr. Aspinall to put down in writing
the amendment which he proposed to make.
Mr. Aspinall moved to amend the summons as follows
" For maliciously, and without reasonable or probable
cause, objecting to the plaintiff as not being entitled to

have his name retained on the burgess list for the borough
of Liverpool, and thereby causing him great loss of time
in attending the Municipal Revision Court, on Saturday,
Bth October."

Mr. Bremner submitted that the court had no power to
make this amendment —that though the court had large
powers of amendment, and very properly so f.,r the sake
of poor persons who made out their on-n plaints, and who
_ _ • • •.• .•

substituting an entirely different cause of action, which
it would be doing if it made the amendment proposed.
His Honour said that he was of opinion that he could

not make the amendment, and that the plaintiff must be
nonsuited, on this ground, but that he would allow a new
summons to issue without further expense to the plaintiff.
His Honour further said, that he was prepared to give
judgment if both parties agreed to take the new summons

as issued.
This was agreed to.
Mr. Bremner contended that there was no malice, or
want of reasonable cause upon which to ground the action
against the defendant. He had exercised but a statutable
right in objecting to the plaintiff; and it could not be
contended that he had done so maliciously against the
plaintiff, for they had heard that hundreds of like objec-
tions had been made against other parties by Mr. Buck-
master. Mr. Bremner also argued that as the objection
had been served on the 15th September, Mr. Buckmaster
might then have believed that valid grounds did exist,
though he might afterwards discover that no reasonable
grounds did exist. He therefore submitted that the plain-
tiff should be non-suited.
Mr. Aspinall replied, that Mr. Bremner's answer to the
malicious intent was the oddest possible, for it meant that
a man could not be considered to have acted maliciously to
an individual, if at the same time he acted maliciously to
hundreds of others.
His Honour said he had no evidence of malicious objec-
tions in any case at all. It might be, for all that ap-
peared in evidence, that 200 objections were made and
199 of them were held good.
Mr. Aspinall contended there was the strongest evi-
dence that there was no reasonable ground for the objec-
tion, for when the case was called on,. Mr.. Buckmaster
withdrew the objection.
His Honour was not prepared to say that an action
might not 1- ‘upnort-A bef-- 'he

-0 ue s ~,,rtea tor bringing a person „tore
Municipal Revision Court to defend his undoubted right

if he was so brought maliciously and without reasonable'

cause. In this case he was of opinion that there was
evidence to support the charge of malice or want of I
sonable or probable cause. It was quite true that ma

need not be prove

be inferred; but in that
A there was a want
Nmpti

case it was for the plaintiff to prove
of probable cause for objection. When a person
an action, it was not to be considered as a want of pro-
bable or reasonable cause, and that was the position of the
present case as it was put before the court. That was the
whole of the evidence before him ; but he was of opinion
that that was not enough either to infer inalid, or want of
probable or reasonableeause. He should therefore .non-

suit the p]

)e considered that he g
no opinion on any other case which might come before I
supported by such evidence as he had referred to.

THE CHARGE AGAINST MR. BRA.DLET.—OR Thursday',
the committee appointed to inquire into the allegations
made by Mr. Hodson against Mr. Bradley, met again at the
Town-hall. At the former sitting an adjournment took
place, in order to give the accused an opportunity of pre•
paring his defence. Mr. Bradley called several. witnesses
4-,o contradict the evidence adduced in support of the
and to show that Stopforth, the principal witness
• - side, was not a person upon whose state-

on the opposit

ment the committee ought to rely where so serious an ac-
cusation was involved. The committee met again on
Friday, and after hearing the evidence of several unim-
portant witnesses, adjourned till Saturday, when they
again met and adjourned till Monday. Yesterday the
committee once more assembled, and after some delibera-
tion, the nature of which has not transpired. again iniirnpri

TORNET.—Mi: Yates, sen.,
al assault on Mr. Crouch, one
tern Hospital, has written to
)n and explanation of the cir-
fates that he is not less than eighty-two
lnd that the party falsely alleged to have
stout young man of thirty. He says
rnlloil nnnn him fnr +ha rla;rft

ULT BY AN

week for r
the Nortl.

of the surge

cumstances,
years of az

been assaulted
that; wh

_
,--.......,... ease 4,e... tale eyes" she had been however, serve to pacify the gentleman, and then he began
lookingfor. An interview took place, and afterwards a by abusing me, and, amongst other insolence, he told me r
few lettess passed between the enamoured pair, and thus was a disgrace to the profession. I then stated ' that I
mattersrested. until.last week, when the young lady, with had no right to be insulted in my own private office,' and
the permission of her mother, visited some of her relations insisted, over and over again, that he should leave, or I
at Yarns, and .the next. day set off with a party to Rich- would send for a police-officer. This had no effect. He
mond races. Not returniem her Yarm relations grew said, 'He did not do business in that way,' and came
alarmed, and a "hue and .try" resounded through hill close up to me, still continuing his insolence, when I then,
and dale. On Friday last, 'however, a letter was received and not till then, took him by the left' arm to the door of
from the misalag fair one, cf which the following is a • my office, and, when I had done so, shut my office-door,
copy :—" My dear mother,—Forgive your favourite daugh- leaving him in the outer or clerk's office; which is the sole
ter, the dear mail, whose eyes threw the light of love into and only offence I committed, and for which two borough
my benighted heart, was scjourningat Brighton. I went magistrates thought fit to inflict a fine of £2 4s. 6d."
to him, and he received me with,open arms, and the next ACCIDENT TO THE GOLDEN AGE.—The United States
day, with special lieeace, we entered the silken bonds of steam-ship Golden Age, Captain Porter, left the Huskisson
enatrimony. Next wek I propose to pay you a visit, Dock at 9 30, a.m., yesterday, to proceed on her voyage to Along with the noble man of my choice.—Yours, &c. . Australia, having on board about 139 passengers, 10,000
P.6.—We had a serenade on our wedding night of twenty- letters., and 5000 newspapers. About half-past ten o'clock,
four fiddlers, who played, in a splendid style, ' Old Rosin, while in charge of a pilot, and when the tide was running
the Beau.' "—Durham Chronicle. down the river with great force, au attempt was made to
in
A LONDON FOG.—On Tuesday night, one of the most turn her ahead of a ship lying
the stream, and where
dense fogs ever witnessed completely enveloped the whole there was not spate sufficient for doing so. The Golden
of London and suburban districts, causing a stagnation to Age was thus run stem on to the new sea wall at Sea-
the general traffic throughout the thormighfares. At one combe ; but the collision being foreseen, the accident was
South-western,
not so serious as might have been expected. Beyond the
time the great lines of route leading to the
the Great Northern, the North-western, the Eastern starting of the cutwater, and the abrasure of some of the
Counties, nod Great Western railways were blocked up by planks, the vessel sustained no injury, and she was imme-
a vast number of vehicles conveying passengers and goods diately taken to the moorings in the Sloyne, where she
to the various railways. The different omnibuses on the now lies. The detention consequent upon this untoward
several lines .were for some time obliged to be preceded b
y accident is not expected to occupy above two days. None
men carrying lighted links, but at length the vehicles of the passengers or crew of the Golden Age snstainect •
were obliged to stop altogether, and by that means the any injuries. Mr. Thompson. of the firm of Millers and
greatest confusion was created, so that it was a work of Thompson, the brokers of the vessel, and one of the
no little danger for a pedestrian to cross any of the roads. owners, were on board at the time.
At daybreak on Wednesday morning the fog still con- A CASE OF Bros.arr.—At the Thames police-office, on
tinned to hang over the metropolis, and it became denser Tuesday, Joseph Legg, about 40 years of age, and late a
as the hours advanced, until by one o'clock the whole of carpenter of the ship Don Ricardo was charged with
London was enveloped in such a cloud of darkness that marrying Anne Maria Darg, about 22 years of traffic on the railways and the . Thames was almost at a the 6th rust., at St. Mark's Church, Whitechapel, age, on
his first
standstill, and business in the different shops and else- wife Mary, to whom he was married at St. James's where could only be carried on by the aid of gas light. Church, Liverpool, in November, 1849, being then alive.-
About seven o'clock in the evening a female was run over Both wives were present at the first examination, and it
by a heavily laden van, and she died on her way to the hos- appeared that the first was the mother of three children
pital. On Wednesday morning two frightful cases occurred, by the prisoner, and hearing of the arrival of the Don
which were taken to St. Thomas's Hospital. The greatest. Ricardo, came from Liverpool to' London, and met her
the
confusion prevailed among shipping below bridge, faithless souse with his second wife, to whom he had
and in Green- been married six days previously, particularly in the upper and lower pools, _ , y, and with whom he had
large f •
Several of the foreign, been squandering a good deal of money. An •
y. explanation
wich and Blackwall reaches.
unwilling to run the risk and discovery took pla
Scotch, and Irish steam-vessels,ls (overcrowded with colliers) custody. ' The secon-d ce, and the prisoner was given into
wife has absented herself since the
of passing through the pools
brought up at Blackwall, first examination,
to their customary moorings,
cattle. The river and Mr. Kenall, inspector of the 11 where they landed their passengers and
lackwall discontinued running alto- her i4 her to serve a summons on
steam-boats above B
down • A witness to the first marriage was examined on
few left Blackwall for places the
gether, and very Monday, and Mr. Darg, father of the last wife, having
of the atmosphere renderin the
g sworn to
river, the great obscurity
A timber-laden the second marriage, the prisoner was committed
extremely hazardous.large ship, for trial,
passage.
in backing and filling
got THE POPE OP ROME IN THE PULPIT.— On Sund,,
athwart hawse of a tier of smaller vessels, and caused them the "natives " and
6th inst. the Poe astonished both the to drag their anchors, carrying away their jibbooms and the f • residents in suddenly taking the
oreign
two topg,allantmasts, and in order to get clear the rig • resolution of preaching from the steps of the Church of
had to be cut away. A large steamer came into collisiong las accompanied by
with a schooner between Blackwall and Woolwich when SFI Guiseppe del
CFalegnialate and took the text from
the latter lost jibboom and foretopraast, and sustained
his court and. the ardh
forcibly ar,
ii on the verse, "Ent
Matthew xiii., and dwelt 1)
serious damage to head and bulwarks.The • •
injury sus- while men slept, his enemy came and sowed tares among
tamed by shipping in spars, rigging, and topsides, between the wheat, and went his way." Without making any
Blackball and London-bridge, must have been direct • . allusions, he evidently hinted at the party
Extractvery great. political
BLAIR'S GOUT AND RHEUMATIC PILL.;
in his mind by the tares, and the
letter written by John Molard Wheeler, ii.— lof a dissensions represented
which they were sown by the
Customs, Jamaica. having been handed bYsqlils brother,oeo ro f
„ ceaseless insidiouSness with
doubt, re 131* '
Swindon, to Mr. Prout, for_publieation:—" I knn wn ,a,a,` inimicus homo, representing, no Pli Icanism ; never had occasion to take Blair's Pills, but let inwe •em--piutii . but the main tendency of his discourse was merely moral,
cally tell you, in mercy to any friend who may suffer from and was delivered with extreme energy of diction and
gout, rhuematic gout, lumbago, sciatica, rheumatism, or any abundance of oratorical gesticulation. Altogether, his
branch of that widely-allied family, to recommend their using ry. leomy view of the morals of his
Holiness took ave g
them. In this country they are of wonderful efficacy; not he regretted that they had
only am I personally aware of their powers, but I see my subjects, and told them
reformation since- Illalle
he had last
friends and acquaintances receiving unfailing benefit from so little progress in spiritual
the
their use. I would not be without them on any account. It exhorted them to repent from pulpit of St. Andrea
taken in the early stage of disease they dissipate it altogether : della Valle six years ago. The people, although by no
if in a later, they alleviate pain, and effect a much speedier means enthusiastic, were respectful, and the beauty of
cure, than by any other means within my knowledge." Sold the day, the richness and variety of the costumes, and,
by Thomas rout,P 229, Strand, London; and by all respectable remembrances of the d
Medicine Vendors throughout the United Kingdom. Price above all, the classiclocality, rendered 2a, pd. per box.the whole scene extremely impressive.