The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-05-16 00:00:00

---...,
COURT OF COMMON PLEAS, TxuasnA y, MAY 11, OPENING OF RAILWAYS.—The following railways were
opened, or partially so, last week :—Bristol and Exeter to
Beambridge, nine miles ; Maryport and Carlisle to Wigton,
eleven miles ; Paris and Rouen and Paris and Orleans ; also
tA
Amsterdam and Rotterdam to about three miles from
This was an action brought to recover the sum of £l,OOO
on a policy of insurance effected in the office of the London Hague.
Life Association, on the life of the Rev. William Borradaile, The employment of British capital on railroads in France is
vicar of Wandsworth, who, on the 16th of February, tending to soften the anti-English feeling which lately was
'crew himself into the Thames from Vauxhall-bridge, so violently exhibited on every occasion. At the dinners
I rowned. The cause was tried before Mr. Justice given on the opening of the Rouen railroad, and at the ma-
t the Guildhall during the sittings after Michael- nufactory of a Mr. Taylor, at Marseilles, toasts were drunk
Term, 1841 ; and the circumstances of the case, which complimente.ry to both nations,
mas
were of a very peculiar character, were reported in The A general order has just issued from the war office states
Times of Friday, the 17th of December, 1841. The learned that arrangements have been made by the authorities for the
Judge, in *riming up, told the jury, that if Mr. Borradaile conveyance
. of troops by the South-Eastern and Chester and
threw himself into the river, knowing that he should destroy Birkenhead Railways. The terms are the same as on the
himself, and intending so to do, the policy would be void, London and Birmingham, with the exception that on the
according to the true construction of the condition of the Dover line officers are to be allowed only one cwt. of baggage
policy ; and he also directed the jury to consider whether the excess being charged at the rate of one penny per lb.
Mr. Borradaile was capable of distinguishing between right On the Birkenhead line the extra charge is one halfpenny.
and wrong at the time, or, in other words, whether the de- It is stated that Mr. Humphrey Brown, who made out the
ceased had sufficient knowledge of the consequences of his estimates of goods' traffic for the Birmingham and Gloucester
act at the time he committed it, to make him fele de se. Railway Company, has offered £14,600 per annum for the
The jury found that Mr. Borradaile threw himself into the use of the line, to carry it on for seven or fourteen years, and
water intending to destroy himself, adding, that previous to this offer has been rejected as too low, though at present the
that time there was no evidence of insanity. The learned
Judge then told the Jury that they must take the act itself Company
into consideration in connexion with Mr. Borradaile's pre-
vious conduct, and then say whether they thought that at the
time be was capable of knowing right from wrong. The jury
retired, and on their return repeated their first answer—that
he threw himself from the bridge with the intention of de-
stroying himself, but that he was not then capable of judging
between right and wrong. The verdict was then entered
for the defendants, and a rule was subsequently obtained to
set this verdict aside, and to enter it for the plaintiff instead.
The rule was argued in Trinity term last, and the arguments
were very fully reported in The Times of Tuesday, June 7.
The court took time to consider, and, there being a differ-
ence of opinion, the judges now delivered their judgments omthpeansaymaeretrnaoffitcc.learing more than about £3OOO per annum

MANCHESTER.—No alteration has taken place in our mar-
ket since our last. A large amount of business is still doing
in all widths of printing cloth ; and shirtings, suited for the
India Market, are rather worse to buy. Domestic cloth is
fiat, and some houses have been forced to reduce their prices.
The yarn market is not very brisk, and lower prices than for
many months have been taken. The country trade is very
flat, for few drapers or wholesale houses have visited us this
week. The price of cloth is as follows :-27-inch GG's, 4s.
73/4d. to 4s. 10ad. ; 72's, 4s. 10/d. to ss. 3d. ; 9-8 Ws. ss. Gd.
to ss. 9d. ; 72's, ss. lOW. to 6s. 4 ict—ManchesterAdvertiser,
of Saturday.

seriatim.
Mr. Justice Maule, Mr. Justice Erskine, and Mr. Justice
Coltman, said, that the question presented to the court for
their determination was, whether Mr. Borradaile "died by
" within the meaning of the proviso in the
policy, wnicu stipulated that if the assured should die on the
seas, or go without license beyond the limits of Europe, or
enter into the naval or military service, or should die by the
hands of justice, " by his own hands," or by duelling, or
should at the time of entering into the policy be affected by
a disease which would tend to shorten life, the policy should
It was admitted that if the party assured threw
_if into the water, the case fell within the meaning of
.e literal terms of the proviso. It ought to be concluded,
therefore, that the parties to the policy meant what they
said, unless there was something in the context which showed
an intention of restricting the ordinary signification of the
language which had been employed. The directors of the as-
sociation must have known, as practical men, that in the
event of a contested claim upon them, they would have but
a small chance with a jury, and that the circumstance of a
distressed family being engaged in a struggle with a wealthy
body would not be very likely to lead to a calm consideration
of the circumstances under. which the claim was preferred.
The object, therefore, with which the words " die by his
own bands" were introduced into the proviso was clear. It
had been urged on the behalf of the plaintiff, that at any rate
there must have been an intention by the party assured to
die by his own hand, and that an insane person had no con-
trolable intention. But there was no ground for saying that
Mr. Borradaile was affected by an uncontrolable impulse to
destroy himself; and on the contrary, the jury had found
that he threw himself into the river knowing that he should
destroy himself, and intending so to do. Their lordships
said they could not but distrust the soundness of their judg-
ment when it was opposed to that of the lord chief justice,
but the parties bad a right to the expression of their opinion,
and their opinion was, that the defendants were entitled to
retain the verdict which had been entered for them.
Lord Chief Justice Tindal said, that it appeared to him,
upon the best consideration which he could give to this case,
that the plaintiff was entitled to the judgment of the court.
The question was, whether the circumstances under which
Mr. Borradaile took away his own life brought the case
within the terms of the proviso in the policy? and it appeared
to him, upon the proper construction of that proviso, that
the death of the assured was covered by the policy. It was
to be observed that the terms of the policy was not language
introduced by the assured, hut by the insurers, and in reason
and good sense, therefore, as well as on all principles of legal
construction, the words of the policy were to be taken most
strongly against the party using them. When an ambiguous
expression was employed, the party who adopted it must not
complain if it was interpreted to his disadvantage. Now,
the words, " die by his own hand," were words much want-
ing in certainty and precision. Upon a strict construction
of them, every death occasioned by the hand of the party
would fall within the meaning of the policy, whether the
death was occasioned intentionally, or by misadventure, as
by falling on a sword or a knife, or by the bursting of a gun
in the party's hands, or in an access of sudden frenzy. It
was justly admitted, that death occasioned by these means
would not come within the meaning of the condition in the
policy ; although death would have been produced by the
party's own hand. On the other hand, a party might drown
himself, or fall from a height, or suffocate himself ; and yet
in these last-mentioned cases no doubt could be entertained
that the mode of death would bring the circumstances within
the condition of the proviso. Considerable latitude must be
given to words used, as. these were, in a metaphorical sense;
and it appeared to him, looking at the context, and the position
in which the words were found, that the words " dying by
his own hands " could not but mean dyingfelo de se. Three
cases of death were manifestly intended to fall within the
meaning of that proviso ; " dying by the hands of justice, by
his own hands, or by duelling." The word " dying " was
prefixed to the first member of the sentence only, and go-
verned these three cases of death. The first and last kind of
death mentioned in the sentence were felonious in their
nature ; and, applying the rule "noscitur a sociis," it would
follow that "dying by his own hands" must be taken to
mean a felonious killing by the party of himself, that was,
self-murder. It appeared to him, therefore, that there ought
to be judgment for the plaintiff ; but while he expressed that
opinion, he did so with a proper degree of doubt and distrust,
in consequence of the difference of opinion entertained by his
learned brothers. It was, at all events, satisfactory to him
to know that if he had arrived at a wrong conclusion, it
would not do any injury to the parties.
The rale was consequently discharged.

BOLTON.—The trade of Bolton continues to maintain its
improved state, without, however, further advances. Coun-
terpanes cannot be said to have been exceedingly brisk dur-
ing the last fortnight, although making a fair sale. For mus-
lins, quilting, and other fancy goods the demand has been
unabated, and the hopes of those who have embarked their
capital in the manufacture of these goods are clarly brighten-
ing. Cotton yarns continue to meet a moderately ready
market, without, however, any advance in prices. although
stocks are exceedingly low. The hammers of the brass and
iron foundries are heard sounding more loudly than they
have been for a long time past, and fewer mechanics are seen
strolling about in search of employment. The hands at the
different bleachine works continue very busy.—lbid.
BURY.—The trade in cotton mills is moderately brisk, and
hands generally have full employment, but the woollen trade
is rather dull. House builders and joiners are only partially
employed.—lbid.

his own hands,

void

MIDDLETON AND FAILSWORTII.—The silk trade contin-
ues in a moderately healthy state as respects employment,
but wages remain very low. Shawls and scarfs seem to be
in particular request.—lbid.

ACCRINGTON AND THE VICINITY.—Trade in Accrington,
Church Parish, and Oswaldwistle, within the last month, has
assumed a more favourable aspect; the machinery in all the
cotton mills is in full operation. Hand-loom weavers have
been advanced in their wages, in 30's and 32's jaconets, 40
yards long, from ls. to Is. Bd. per piece. Calico, block, and
machine printing is brisker than it has been since the year
1834 ; at several print shops, the whole of the tables are en-
gaged, and in others more are put up. The cotton trade at
Burnley, Padiham, and their vicinities has improved, and
hand-loom weavers' wages have been advanced. We may
mention one fact that speaks most strongly, viz., that many
families have had more butchers' meat during the last three
weeks than they have had in six months previous.—lbid.

TRADE OF LEE DS.—The demand for manufactured wool-
lens continues steadily improving, and we are happy to ob-
serve that there is not only an improvement in the quantity
but in the quality of the goods purchased. The markets,
since our last, have been well attended, and there has been
an extended business done in the finer descriptions of goods,
those which are calculated to call for an increased amount of
labour in the dressing departments. Several of the manu-
factories are now running full time, and it is hoped that, ere
long, others will be able to do likewise.—Leeds Intelligencer,
of Saturday.

HIIDDEUSFIELD MARKET.—.We had again a brisk market
here on Tuesday, in both plain and fancy cloths, but we are
unable to report any improvement in prices. Until that can
be accomplished the manufacturers will be unable to advance
the wages of their workpeople, which have been depressed to
a ruinously low point during the late stagnation. With their
former wages and the present reasonable prices of food, the
operatives would be enabled to re-clothe themselves and fa-
milies, (which they have been, for some time, unable to do,)
and that would give an additional impetus to the spring that
business is now making.—lbid.
HALIFAX MARKET.—The demand for manufactured
goods here on Saturday was fully as good as we have had to
report of late; and the demand was not confined to one de-
scription of stuffs, but comprised nearly all kinds. Both the
yarn and wool markets were firmer, but no material advance
of price can be noted.—lbid:
BRADFORD MARKET.—We had again a full attendance of
buyers at this market on Thursday, and a very good business
was transacted, in both plain and fancy goods, at the rates
which have been for some time current. There was an active
demand for yarns, and as the stocks lately on hand are very
much reduced, if not wholly exhausted, prices were very firm.
The wool market was brisk, but there was no improvement
upon recent rates.—/bid.
CLAYTON.—The trade at this place is improving, and the
operatives are now better employed than they were a few
weeks since ; yct wages continue ruinously low.—/bid.
LEICESTER HOSIERY TRADE.—From all that we can
learn, we believe that the hosiery trade has improved this
week, and were the bank to resume payment, we have no
doubt it would be found materially so. The cotton cut-np
hose branch is better, and many who have only had partial
employment for several weeks, now get full work. A most
energetic and unexpected struggle is taking place in the glove
trade. The season for making woollen gloves having com-
menced, the largest glove house has signified its intention of
reducing the wages in the same ratio that Lisle thread gloves
were reduced some months ago. The fancy trade is im-
proving, but rather slowly in some articles ; stiil it is pro-
gressing, which raises great hopes : at all events it is much
more consolatory than if it was declining.—Nottingham
Journal, of Friday.
ROCHDALE FLANNEL MARKET, MONDAY, MAY 8.—
There has been an unusually good attendance of buyers in
the market to-day, who have purchased very freely, but
prices have been extremely low. Wool has been more in-
quired after, and more extensive sales have been effected
than on the preceding Monday. Prices remain firm.

MARSH V. WOOLLEY

Lord Chief Justice TINnAL delivered the judgment of the
court in this case, which was a rule obtained in the course of
the present term, calling upon the sheriff of Montgomery-
shire to show cause why the defendant should not be dis-
charged out of his custody, and also calling upon the plain-
tiff to show cause why he or the sheriff should not pay the
costs of the application. The defendant was taken in execu-
tion by the sheriff under a writ of ca. sa. issued at the suit of
the plaintiff in the action, and it appeared, upon the affidavit
of Mr. John Radcliffe, of Liverpool, the defendant's agent,
that, at the time of the arrest, a protection had been granted
to the defendant, by Mr. Phillips, one of the Bankruptcy
Commissioners for the Liverpool district, under the provi-
sions of the first section of the late Act for the relief of In-
solvent Debtors, the sth and 6th of Victoria, c. 116. Upon
the argument four questions were raised for the decision of
the court; first, whether the order of protection was good
without showing the authority of the commissioner to make
such an order; secondly, whether the affidavit disclosed
sufficient jurisdiction ; thirdly, whether the defendant ought
to be discharged out of custody ; and lastly, upon what terms
he ought to be discharged. The court found, upon exami-
ning the order, that it contained no statement that the de-
fendant was not a trader, or that being a trader be owed
debts amounting to less than £3OO, or that he bad given the
requisite notices, or had resided twelve calendar months
within the Liverpool district. The order merely recited,
that the defendant had presented a petition to the Court of
Bankruptcy for protection, without any finding that the
statements in the petition were true; and it then proceeded
to grant a protection to the defendant from all process against
his person or property, under the terms of the act of parlia-
ment. By the 13th section of the statute, however, the
judges and commissioners of the Court of Bankruptcy, or
any four of them, were empowered to make such orders,
rules, and regulations as they thought fit, for the purpose of
the act into execution, and it appeared that certain
rules carrying
arid orders were made by the judge and commissioners
of the Court of Bankruptcy, and approved of by the Lord
Chancellor, in one of which was found the form of an order
corresponding in every respect, with that given in the pre-
sent case. The question, therefore, resolved itself into this,
whether the words of the 13th section conferred on the judges
of the Court of Bankruptcy the power to make such an order,
and the court were of opinion that the words used were large
enough for that purpose. The next question was, whether
the defendant was to be required to prove by affidavit the ju-
risdiction of the commissioner ; and they were of opinion
that if the court should call upon him to do so, they could
not refuse to hear affidavits on the other side, and thus they
would anticipate the examination before the commissioner,
which would be obviously inconvenient. As, therefore, the
defendant was entitled to his discharge, it only remained to
say on what terms the rule should be made absolute. It
would be manifestly unjust to make the sheriff pay the costs,
because he could not know the terms of the protection, and
be would have been liable to an action for escape if he had
let the defendant go, and it appeared, ultimately, that the
sheriff bad no jurisdiction. The plaintiff also seemed to have
been ignorant, at the time of the arrest, that any order of
protection had been giv en to the defendant ; and, indeed, it
did not appear that any protection had reached the defendant
that time. They were, therefore, of opinion that the rule
at
for the discharge of the defendant out of custody should be
-
made absolute, but without costs.

cOugn.S.PATENT.—In the Vice-Chancellor's Court, on
Monday, the greater part of the day was occupied in hearing
the arguments of counsel in this case, which was an applica-
tion to the court, made upon notice on behalf of the plaintiffs,
the Nlessrs. Chubb, of St. Paul's-church-yard, the inventors,
makers, and proprietors of the celebrated patent locks known
by that name, and also of the patent iron doors, safes, fire-
proof chests, boxes, &c., for an injunction to restrain the de-
fendant, Priest, who is a furniture and general broker, carry-
ing on business in Water-street, Blackfriars, from selling, or
in any manner disposing of, or dealing in, any iron doors,
safes, chests, or boxes, which have been, or shall be, made
or manufactured by or for the defendant, in imitation of, or
by the name and description of, the iron doors, safes, chests,
and boxes made by the plaintiffs. The plaintiffs alleged by
their bill, supported by their own and the affidavits of several
persons, that the defendant was exposing and had exposed
on his premises for sale, and was selling iron doors, safes,
chests, and fire-proof boxes, all of which were spurious ar-
ticles of manufacture, not made or manufactured by the plain-
tiffs, but which the defendant endeavoured, by placards, la-
bels, and tickets posted on his premises, to represent to the
public as articles the make and manufacture of the plaintiffs;
and these articles he disposed of, under such representations,
at one-half the price charged by the plaintiffs. The defendant,
together with several other persons, made affidavits on his
behalf, denying that the defendant had ever represented the
articles exposed by him for sale, or which be tad sold, as
being articles made or manufactured by the plaintiffs. Mr.
Bethell and Mr. Bacon supported the plaintiffs' case; Mr.
Wakefield and Mr. Glass appeared for the defendant. The
Vice-Chancellor, without waiting to hear Mr. jiethell's reply
for the plaintiffs, said he was of opinion that, upon a review
of the whole of the evidence in the case, the balance of the
testimony was in favour of the plaintiffs case, and he thought
sufficient had been stated to warrant the court in granting
the injunction. Injunction granted in the terms above stated.

The proctors' charges in
.Wood of Gloucester's will
amounted to £17,53635. 2d., divided between three proctors.

INNER TEMPLE.—The following gentlemen were called to
the bar by this Society on the sth of May inst. :—Benjamin
Wyatt Greenfield, John Hampden King, Hugh Weightman,
Philip Lybbe Powys, Frederick Lowten Spinks, John Hillam
Mills, Henry Stainton Laycock, and Corbet Hue.

A DECENT FORTUNE.—We are assured, Upon what we
consider good authority, that the head of the Arkwright
family, who has just departed this life in his 86th year, has
left behind him a fortune quite unparalleled in the annals of
ancient or modern accumulation. To each of his five sons he
gives a million and a half, besides £40,000 a year in land,
which goes to the eldest son ; and to each of his fifty-one
grandchildren and great-grandchildren £14,000, making
£700,090 more for this single item. We take it for granted
that the daughters, one of whom is the lady of the Vice-
Chancellor Sir James Wigram, are not left wholly unprovided
for.—Weekly Chronicle.

THE TRADE IN " PRODIGIOUS SACRIFICES ! !"—A mer-
cantile house has been set up in London, with no other view
than to send out rotten old ships, laden with suppositious
bales of goods, for the sole purpose of being wrecked, and in
that way to plunder the insurance offices. The lives sacri-
ficed in this horrible speculation led to general outcry, when,
by some accidental, or rather providential, circumstance, the
thing was discovered. We are always hearing of prodigious
bargains on sale, some article offered for less than it could
possibly be sold at, unless on some other article a profit
equivalent to this loss is to be made; and if only equivalent,
who would be at the trouble, and incur the risk of such a
venturous game ? We may point to large establishments,
not " selling off," but in thriving business, undertaking to
supply some small matter in very general use at 50 or 100
per cent. less than the very preparation, exclusive of the
material, must cost them, if the poor creatures who fashion
it are paid with any regard to common honesty or decency
in the transaction. How can this be, unless purchasers,
tempted by such a lure to frequent the establishment, are
enormously overchargd,—in plain, English, defrauded, in
somewhat else? We cannot exonerate the buyers of these
bargains; they must know, if they put their reasoning facul-
ties to the use for which they were given, that a man who is
trying to make a fortune by his shop will not yield to an im-
pulse of such romantic generosity, as not only to offer the
public in general a very expensive present at his own proper
cost, but also to lay out a good round sum in advertising his
very benevolent and very preposterous intentions. Some-
body, they may be assured, must suffer; the tradesman will
take care that he shall not be the losing party, and the bar-
gain-hunter may go, perfectly resolved not to be imposed on,
to purchase the thing offered so marvellously below its value,
and nothing else ; but with what satisfaction can he'(or she,
for ladies are the principal objects of these tempting lures)
pocket the contemptible saving, under a conviction that
either the starving artificer must lose a portion of the daily
pittance with which a few potatoes are purchased, or some
open-hearted customer be subjected to imposition, to bring
the balance even again?—Perils of the Nation.

SOME OF THE CAUSES OF THE LATE DISTRESS.—[From
" the Anti-Corn-Law League and the Country," in Fraser
for May.]—Much of this distress is attributable to changes
that have taken place in the manufacturing system itself. As
improvements in machinery have advanced, the demand for
adult labour has decreased, whilst the demand for infant la-
bour has extended. To such perfection has spinning ma-
chinery been brought, so much less has it left to be accom-
plished by the strength and manual dexterity of grown and
able-bodied persons, that the labour has devolved almost
entirely upon children. The manufacturers no longer require
the nerve and grasp of rude hands; all they want is the light
and delicate touch of nimble littlefiugers. It is no longer, as
the younger Pliny has it, Hoc opus mullas mania poscit,
but, Hoc opus mull°, diyitalos poscit. In all the spinning-
mills where modern machinery is used, there arc now com-
paratively few adults employed; indeed, in one of the largest
in the manufacturing districts of the north of England where
500 persons were employed, there were not more than a dozen
grown persons, if we except overlookers, who have charge of
the several rooms; and in another mill, where there were
nearly 900 persons at work, there were not more than twenty
adult work-people, the bulk of the " hands" consisting of
children between the ages of ten and eighteen. We believe
that this state of things pervades the whole manufacturing
districts. " Well ; but," we shall be asked, " what becomes
of the parents?" That question touches a cord which vibrates
with a painful keenness through every nerve of the manufac-
turing system. It darts home to the very core of the moral
condition of the factory population, and reveals one great
source of that depravity and wretchedness which the orators
of the league are to ready to attribute to the corn-laws.

" What becomes of the parents ?" For the most part, they
subsist on Me bounty of their children ! The laws of nature
arc reversed! The young child is put in the place of its aged
and experienced parent ! He who should feed, and instruct,
and chasten, is deposed from his authority, and turned into a
helpless dependant upon his offspring. The money has
changed hands, and with it. robbed of its moral attributes,
the (parental) authority. Out of their earnings the children
allow their parents a weekly pittance to subsist upon in the
event of their not being able to obtain other than factory
employment, and there the mutual obligation is fulfilled.
The parents resign all authority over the children, and the
children provide the means of support, for the parents. But
the evil does not stop here. Subject to no control, the children
at the age of 15 or 16, in many instances, leave the roof of
their parents and seek shelter elsewhere, in order that
they may become entirely their own masters and mis-
tresses. They take lodgings, males and females mixing
promiscuously, observe what hours they please, do as
they please, and bid defiance to all authority but their
own erring and corrupt will. Enter any of the singing-
rooms or other beer-houses of entertainment and amusement
ai Manchester (and there are hundreds of them fitted up in
a most costly and attractive style) on a Saturday, Sunday, or
Monday night, and there you will find the youthful cotton-
spinners of both sexes giving the rein to the very lowest and
most debasing kind of licentiousness and dbbauchery. Listen
to their language, observe their movements, mark the almost
idiotic delight with which they listen to and take part in the
most obscene songs and " recitations ;'• then watch them,
sated with their wretched pleasures, crawl home stupified,
listless, and half intoxicated, to a late bed, which they must
leave almost the next hour for the factory ; note down these
things, and then say whether the moral habits and condition
of the younger members of the manufacturing population are
not in themselves a sufficient predisposing cause of distress
and misery, without setting anything down either to the
,coal-laws or the vicissitudes of trade. Can it be difficult,
with such facts as these before 'us, to conceive a tenfold ag-
gravation of distress when trade languishes and labour and
wages are curtailed ? Rail upon the " bread-taxers," indeed !
better cleanse out their Augean stable before they quarrel
with the quantity or quality of the corn in their cratch !"