The Express.
London, England, 1862-10-11 00:00:00

MARLBOROUGH-STREET.

Several codermongers were summoned before Mr. Knox
for remaining in Ooodge-atosst longer than wan necessary
for loading sod unloading.
In previous cases the costennongers were summoned for
musing an obstruction, but the magistrates hesitated to
convict, as the only obstruction proved wan what had to be
inferred from the fact of the costerrnongers standing io
the street with their barrows while selling their goods. The
terms of the present summonses were varied, in order, if pos-
sible, to avoid the difficulties created by taking the offence
under the obstruction clause.
Mr. Edward Lewis was for the defendants.
Mr. Knoa said, before going into evidence he would ask
the inspector whether the cues resembled previous caeca,
and whether, in fact, the whole of the evidence would not be
comprised in the statement that they were in the street
with their barrows and baskets.

Inspector Hubbard, E division, said the evidence was
precisely similar to that in the preceding cases.
Mr. Hoot said he would never consent to twist an act of
parliament in such a way as to apply to cases to which the
legislature never intended they should apply. The present
summonses are laid under the 54th section, 6th clause, of the
act, which provides that every person who shall cause any
track or barrow to stand in any street leaner than is neces-
sary for loading or unloading, shall be subject to a penalty.
Now by this part of the clause the legislature simply in-
tended to stop loading and unloading before a door for •
longer time than was absolutely necessary—a case that
might occur with a costenuonger who took half au hoar to
deliver his little parcel of goods, when four minutes would
suffice. And his view of the law was fortified from reeding
further on in the same clause, which stated that there must
be a "wilful obstruction "to • public thoroughfare. If
then a party was summoned for stopping longer than neces-
sary, it must also be proved that • wilful obstruction oc-
curred ; it would not do to take out a summons under one
half of the clause, and to leave the other half out of consi-
deration. He must hold that the case was not made out,
and if all themes were of the same sort he must dismiss
them.

'The *rotor said be feared it world be no use taking out
SUMMONS; it would be nester for housekeepers tooomplain.
Mr. Knox said the public were not defencelese ; if obetruc-
tics was actually proved, then the parties would be
pusished. He knew there was great difficulty in proving
wilful obstruction, though there could be no doubt that a
truck or barrow standing in a public street did of itself
000stitute an obstruction. It was true, as his predecessor
had laid down, that every inch of the street belonged to the
public) ; but at the same time he must state that he should
be slow to attend to information against this claim of
offenders laid by the police. If any number of inhabitants
came before him and said, " Herr is an obstruction which in-
terferes with our buainer and the public," then the case
would be different, for by such a course the magistrate and
the police would be relieved of the odium of apparently
acting against a number of persons who were only tryiog to
get an honest living and to keep themselves from the work-
house.

E. Leiria said there wertiB7 houses in Goodge-street ;
36 householders had signed in favour of the costermongers,
44 were neutral, and only 8 were dissenting parties.
Mr. Knox would be ready to attend to the complaints of
inhabitants if they cruse forward. In the meantime his
advice to the ccsterntongsn was to avoid standing opposite
the houses of dissentients, and to stand only opposite the
boom of their well.wisbeTs. _ _ _

Captain Ackerley, attended by Petre Basunet, cane be-
fore Yr. Knox, to oak the magistxate, first, to look into a
OW of alleged injustioe on the pert of the Britiah govern-
ment to Petro &squat ' • and next, to advance some money
from the poor-box towards the mid Petre Basquet's travai-
ling expenses back to Canada. Captain Ackerley entered
into • long statement of Petro Beaquet's claims, and
the treatment the claimant had received from the
Colonial and the Treasury offices when be laid
his claims before the heads of those departments.

Captain Ackerley produced the official replim,from which
it appeared that in one the secretary for the department
asserted there were no claims against the government, and
is the other an offer was wade to seed the petitioner
bask to Canada. Now the petitioner could not go back to
Canada, as he was excommunicated, and would certainly be
shot ; and further, be (Captain Ackerley) thought the
petitioner ought not be sent back until the Treasury bad
repaid him 1,6001., which he had expended in endeavouring
to obtain justice for the petitioner. The case ought to be
determined at ones, otherwise it would kill both him and
the petitioner.
Petre &squat said the government bad sent him some
medals, but what use were they? Re wanted some more
substantial provision for his services
Mr. Knox did not think his power very extensive in this
as., but be would look over the letters left with Wm, to
sae if anything could be done.