The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-08-01 00:00:00

LAW VERSUS EQUITY.

It is an unfortunate characteristic of the practical work-
ing of our legal system, that justice is too frequently and
too easily evaded by the subtleties of pleading, and the
routine difficulties involved in bringing the most ordinary
case to a fair issue. There is scarcely a question brought
before our courts which is not liable to a break-down
through some trivial informality, or which may not be
prevented from being properly adjudicated upon by raking
up some unregarded provision of some half-obsolete act
of parliament. We have, moreover, existing in the legal
mind of the country a disposition to avail itself of these
quirks ; and we constantly see even the highest dignita-
sits of the judicial bench availing themselves of them, as
if with a deliberate leaning to the postponement of any
decisive adjudication, in deference to the supposed sanc-
tity of the cobwebs of practice.
We have had two instances of this abeyance of the real
efficiency of our legal code within the past week. The
first of these—the case of Roberts (clerk) v. Tucker
(clerk) we reported in our last publication. The claim
of the plaintiff was an undoubted one, in equity at least,
and apparently in law as well. But there was an unfore-
seen difficulty, which put an effectual bar to the meting
out of justice. The counsel for the defendant did not
deny that the plaintiff had a good case on the merits, but
he contended that the contract was void under the Sta-
tute of Frauds, because no consideration was set out in
it. The London Times, in commenting on this objec-
tion, says—" This was the hidden rock on which poor
s
Mr. Roberts's case finally split. It was in vain that
Beijeant Shee contended that the performance of the
duties of curate was a sufficient consideration to take the
agreement cut of the statute, and that it was not bad by
reason of no consideration appearing upon the face of it.
As a question of common sense and of fair dealing so it
was, but unfortunately Mr. Justice Coltman was under
the legal necessity of bowing to the authority of the Sta-
tute of Frauds."
In a similar way has terminated the striking case of the
appeal by the authorities of the Black Rock Nunnery, of
which we also gave an abstract last week, the judgment
in which was given in the House of Lords on Tues-
day. The Lord Chancellor, with Lords Campbell and
Brougham, discovered an informality in the pleadings,
and distinctly objected to enter at all into the merits of
the case, which we presume will be subject of fresh pro-
ceedings, and probably fresh persecutions of the two un-
fortunate nuns whose property is in dispute. We quote,
with respect to this case, the following from a very able
article of the same contemporary:—
" It is to be regretted that the case of the Black Rock
nunnery should have gone off upon technical grounds.
The Lord Chancellor on Tuesday, in moving the judg-
ment of the house, relied entirely upon the point of the
misjoinder of plaintiffs, and, in common with the other
law lords present, if they are accurately reported, declined
entering upon the substantial merits of the case. We
are now so accustomed to this tendency of lawyers' minds
as scarcely to deem the subject worthy of remark. In a
ease, however, like the present, where the Irish Chan-
cellor had kept the point of the durance' under which
these unfortunate nuns executed the assignment so pro-
minently forward, something might have been looked for
from the stubborn Protestantism of Lord Campbell or
the fervid eloquence of Lord Brougham. We-have been

disappointed in our expectation. Those two learned lords
merely indicate the two main points of interest in the
subject as those which it will be their most anxious, care
to avoid. Lord Brougham will not consider whether
these young persons had executed the deeds of assign-
ment under improper control. Lord Campbell carefully
dismisses from his consideration that which he admits to
be the question substantially at issue, namely, whether a
party, by entering a religious community like that of the
Black Rock of St. Ursula, suffers a disqualification, or
relinquishes her right to enjoy property in convents
within this realm. Upon these points we are still to be
left in darkness, unless a chivalrous cupidity shall inspire
other superiors of other convents, or other nuns, to come
forward again in other law courts, and gratify the public
with another illustration of the manner in which lambs
are shorn in monastic establishments."

The principal Confederate leaders of Liverpool have not
been seen lately in their accustomed walks.

Miss Grant and Signor Paltoni have been singing with
great success in Dublin.
A native of the celestial empire (of the Chinese Exhi-
bition) has been sworn in as a special constable for
Liverpool._

In St. John's Church, Old Haymarket, on Sunday
morning last, the sum of £23 133. iid. was collected at
the doors, in aid of the funds of the Church of I,:ngland
Schools in this town.

The Grand Jury, at the sessions now holding. gave a
vote of thanks to police-officer Kehoe, for his efficient
services in tracing out an extensive robbery of cotton,
which lately took place in this town. We understand
this is the third time the same officer has been compli-
mented in a similar manner by a Liverpool Grand Jury.
The new docks at the north end of the town being nearly
completed, the Dock Committee have decided to name
them as follows :-Ist, Salisbury; 2nd, Coltingwood ; 3rd,
Stanley ; 4th, Nelson ; sth, Bramley Moore ; 6th and
7th, Wellington Dock and Basin : Bth, Sandon Dock;
9th and 10th, Sandon Basin and Graving Dock.
EXTRAORDINARY SPEED.—A gentleman lett Dublin a
few days ago for Liverpool, by the new government
steamer Banshee, built for the Holyhead station ; the
passage—a distance of 138 statute miles—was performed
in seven hours and five minutes ! He then stepped iuto
the express train and was in Gloucester thirteen hours
after leavinr, the Irish capital. . .

THE PIKE ScuEsin.:—Mr. Procter will move at the
council meeting to-morrow, the suspension of further
proceedings in regard to the Rivington Water Scheme
for twelve months ; and the appointment of the borough
engineer to the superintendence of the water works for
twelve months ; who at the end of that period may report
as to the capability of the immediate district to furnish
the required supply.
SALE OF BARTON, IRLAM, AND HIGGINSOZeS SHIPS.
—The sale of the remainder of the. vessels belonging to
this firm took place on Tuesday last, at Messrs. Little-
dale and Co.'s office. The ship Cheshire, of 377 tons,
was put up at £l5OO, and the bidding advanced to £2lOO,
at which (being below the reserved price) she was bought
in by the assignees. The ship Frances, of 620 tons, was
put up at £2OOO, and purchased by Mr. Magee, for
£2600. The barque Mary, of 227 tons, put up at £1209,
was purchased by James Poole and Co.. for £1550.
THE WEATHER.—Since our last publication the weather
has been very variable, with frequent showers resembling
those of April, but at other times amounting to more
continuous rains. On Sunday much rain fell, particularly
at night, when we had a heavy downfall, which lasted
several hours, at least in this neighbourhood. No injury,
however, has been done to the grain crops, which (both
wheat and oats) are becoming heavy, and assuming the
yellow tint. Yesterday was fine, with a powerful sun,
and a welcome drying wind. We need but add that some
few fields of wheat have already been cut ; that all the
crops look remarkably well, and that but little of the hay
remains to be stacked.
PRINCIPALSHIP OF THE COLLEGIATE INSTITUTION.—
The Rev. J. S. Howson, M.A. of Trinity Coilege, Cam-
bridge, and Chaplain to the Duke of Sutherland, has been
elected to the Principalship of the Collegiate Institution,
which will be vacated by the resignation of Mr. C,:nybeare
in October next. Mr. Howson was formerly vice-princi-
pal of the Collegiate Institution, and resigned that office
rather more than two years ago, on his acceptance of his
present post in the family of the Duke of Sutherland.
Mr. Howson took the hi ghest honours in the University
of Cambridge, having taken what is commonly called a
double first degree, that is, he was a wrangler, and also
in the first class of the classical tripos. He also obtained
two university prizes for Latin essays.
FURTHER SEIZURE OF ARMS IN LIVERPOOL,—On
Tuesday morning at an early hour, as police-constable 590
was on duty in Hurst-street, he observed a young man
removing pikes and other weapons from a cellar beneath
a public-house at the corner of Garden-lane. They were
being removed to the garret of a neighbouring house.
The officer obtained assistance, and the arms, which con-
sisted of three rusty pikes, a gun with some bayonets, a
cutlass, and a sword in its scabbard, were seized and car-
ried to the police-office. The occupant of the garret and
the young man found removing the weapons, were hot h
taken into custody, and brought on Tuesday before Mr.
Rushton. The above facts were deposed to, and the
prisoners remanded.
THE " FREE" CHURCH.—On Wednesday, the Pres-
bytery of Lancashire met at Liverpool to resume the con-
sideration of the resignation tendered at the previous
meeting by the Rev. Robert Cowe, M.A., of St. An-
drew's Free Church, in Manchester, not only of his
charge, but also of his connexion with the Presbyterian
1...,urel in England. The committee appointed to melt
with Mr. Cowe, and the office bearers, reported verbally
that they had had two interviews with Mr. Cowe, but bud
not succeeded in changing his views. They had likewise
seen the office bearers, who bad expressed their desire to
retain Mr. Cowe as their minister. Mr. Cowe accom-
panied his resignation with a statement of his belief that
there existed in the church an indisposition openly to
avow and fairly to carry out Free Church principles. The
Presbytery determined, after a good deal of eiscussion, to
accept his resignation.
COTTON FROM INDIA.—A cargo of cotton, ex Argyra,
from Cochin, consigned by the East India Company to
Mr. Hugh Fleming, secretary of the Manchester Coin-
mercial Association, has recently arrived in Liverpool, is
now being discharged, and may be expected to arrive at
Manchester in a few days. It consists of 483 bales, grown
in the Chinahatore district, and comprises lots of cotton,
of different species, and grown under different circum-
stances, upon the value and capabilities of each of which
the honourable court of directors have sought the opinion
of the Commercial Association. There is farm-grown
cotton from New Orleans seed, of the crops of 1846, and
1847-48, among which, are a few bales grown from seed
planted at the end of May, and there is also New Orleans
cotton. grown by the natives; indigenous cotton, farm-
grown •, indigenous cotton grown by the natives, and gin
cleaned ; and indigenous cotton, also grown by the natives,
but cleaned with the churka, and thrashed.
WHO ARE THE REBELS ?—The Irish, whom we have
admitted to free competition with the English labourer,
and whom we have welcomed to all the comforts of old
England, are to reward our hospitality by burning our
warehouses and ships and sacking our towns. Of course
we cannot answer for Irishmen as we can for Englishmen,
but the Irishman is not quite such a fool as to burn his
own bread when he has got it. If the Irislr porters and
coal beavers of Liverpool attempt a row, they are fighting
against nobody so much as themselves. It is the security
and tranquillity of England which enables it to find em-
ployment for more than its own people. Once unsettle
England, and credit, enterprise, employment, and wages
Hy away. The houses we live in require their foundations
to be absolutely firm. If the ground yields in any part by
ever so little, the most solid wall will crack from the foun-
dation to the parapet. It is exactly so with the fabric of
our commercial prosperity. Shake its foundation, whiCh
is social confidence, and the whole edifice totters. An
Irish rebellion spreading into England would throw half
its people out of work, and condemn them to poverty and
degradation. The Irish sojourners in this island may hold
a few meetings and express a good deal of wordy sympa-
thy, but they have been too long among us to think they
will gain any, king by revengeful or wanton devastation.
IN RE JONA t HAN lIIGGINSON.—The case of this bank-
rupt cAme on again for hearing on Thursday, before Mr.
Sergeant Ludlow. Mr. Deane and Mr. Lowndes, the so-
licitors in the case, were present ; and Mr. Hollams, soli-
citor, in the firm of Marten, Thomas, and Hollams,
Mincing-lane, London, appeared on behalf of Mr. P. L.
Binh, of London, who was a creditor on the estate to the
amount of £50,000. The bankrupt was examined at great
I length by Mr. Hollams as to his railway transactions, whe-
ther they were on his own account or for the partnership.
The bankrupt replied, that some were his own, and others
fur the firm, although all were placed in the general books.
In answer to questions as to what he had done with a
quantity of sugar consigned to him as agent for Mr.
Hinds, he stated that he had pledged them with T. and H.
Littledale and Co., for two several sums of £30,000 and
£40,000, for the purposes of the firm, to enable them to
go ou in business. He had no authority from Mr. Hinds
to do so, but lie acted as his agent, intending to pay for
the goods, and place the balance of account to his credit ;
but at the same time, he admitted that he owed Mr.
Hinds £50,000. He added that, in 1843, when the late
partnership commenced, they had no capital ; but that
was not shown until two or three years afterwards by the
books. The liabilities at the time of the bankruptcy were
about £1,200,000. Mr. Hollams also examined the bank-
rupt as to large transactions which lie appeared to have
had in cotton and other things in his own individual
name, and which appeared, on examination, to have been
carried on with partnership property, but which had been
treated in the balance. sheet as having been undertaken on
his own separate account. Mr. Hollams, in addressing
his Honour, remarked in strong terms on the manner iu
which the bankrupt had acted with regard to the sugars;
he was solely an agent, and had no right to pledge; a
more flagrant breach of the factors' act had never been
committed, and if they were to take the trouble to indict
him, there was as clear a case as possible, and he might be
subjected to fourteen years' transportation. He culled his
Honour's attention to these facts with regard to any course
h might think proper to take in reference to the bank-
; r ,pt's certificate when applied for. His Honour said the
question to be considered on the present occasion was
whether the bankrupt had given a fair account of his ef-
fects. Mr. Hollams said his only object was to show that
the bankrupt had acted illegally by pledging the sugars ;
he should apply to the parties who had received the sugars
for information as to what bad been done with the pro-
ceeds. Mr. Lowndes examined the bankrupt as to some
items in the balance sheet, and afterwards remarked that
there was a difference between the accounts filed in May
and the present one of about £40,000, and some of the
items in the balance-sheet were not so clearly set forth as
they ought to be. After some discussion it was ultimately
agreed that the bankrupt's examination should be ad-
journed to the 6th of September, and in the meantime the
accounts should be amended. It was also arranged that
counsel should be consulted on a full statement of
the facts, with reference to the transactions in shares,
cottons, and other things. The examination occupied
the whole of the day. •

THE ELECTRIC TELEGRAPH AND
UNFOUNDED RUMOURS.

A most painful feeling was excited here on Thursday
last by the report put in circulation of serious outbreaks
in the south of Ireland, the details of which we have given
elsewhere.

The effect of the report, however, was not confined to
Liverpool, for it unfortunately was telegraphed early in
the same day to Manchester and other places, which did
not possess the same facilities for testing i-s probability,
where its circumstantiality of detail made it very generally
believed, and where it might have been productive of very
serious results. Of course by this time its falsehood will
he generally known ; perhaps it may do good by urging
upon the public the desirableness, at such a crisis as the
present, of listening with great doubt to flying pieces of
gossip from Ireland or elsewhere, and at the same time of
taking some steps to secure a guarantee that so powerful
an engine as the electric telegraph shall not be made the
vehicle for their circulation. How the report in question
originated, or from whom, whether as a very mischievous
hoax, or from other and interested views, is not well ascer-
tained ; but it is clear that the authoritative sanction,
which is supposed to attach to information by telegraph,
ought not to be allowed by the Company to be given
until they have fully satisfied themselves of its correctness.
And perhaps, in any case, where such serious interests are
Eli stake, and so inuah excitement of public feeling exist-
ing, the prudence may be doubted of conveying such intel-
ligence at all, except to the authorities, civil or military,
who have confided to them the preservation of the peace.
We much question, indeed, whether such an engine of
cDmmunication ought to he accessible at all to parties
capable of using it for their own selfish purposes. Of
course we are very far from attributing to the Company
themselves, or their servants, any practices of this descrip-
tion ; but they are not unlikely to be occasionally misled
into committing themselves. And the public will not
absolve them from any evil consequences which may occur
when it notices the singularly suspicious fact that in Man-
chester their offices are in the sante building as the Stock
Exchange ! Some of the " Bears," no doubt, made a
good thing of it on Thursday.
We had written thus far when in glancing over the
Times, of Saturday, we found the following paragraph
corroborative of our remarks :—" A special meeting of the
committee of the Stock Exchange was summoned this
afternoon, with the view of discovering if any of the mem-
bers were implicated in the fabrication of the telegraphic
announcement of yesterday. Several persons were exa-
mined, and some persons from the Eleetric Telegraph
Company were also in attendance ; but the statements
elicited led to a clear conclusion that no one connected
with the Stock Exchange had in any way participated in
the afftir. At the same time we can fully confirm a
remark in the Standard of this evening that a strong feel-
ing exists in the city of the impropriety of permitting a
power like that of the electric telegraph to remain in the
hands of a private and irresponsible body. A similar view
was expressed during the panic in October last, when the
name of one of the most eminent and prudent firms in
London was transmitted to the provinces in a list of fail-
ures."

THE LIVERPOOL STANDARD.