The Express.
London, England, 1853-03-07 00:00:00

THE POLICE COURTS.
_ GUILDHALL.

A number of intending emigrants appeared before Alder-
man MOOO, the sitting magistrate, to complain of the con-
duct of Mr. W. S. Lindsay in not fulfillieg the terms of
their contract, by which that gentleman was bound in send-
ing them to Australia.
The spokesman of the party stated he was one of many
emigrants who had engaged berths in the Swathmore, ad-
vertised as of 1,450 tens register, to sail on the 28th February
last. They had paid up the whole of their passage money,
and they were now apprehensive that the ship to which
they were about to be transferred, also called the Swath-
more, was unseaworthy, besides being of inferior tonnage.
Aldeman Moon mid the respectability and high reputa-
tion of Mr. W. S. Lindsay's Arm was in itself a guarantee
against their sending a vessel to sea that was in any way
unseaworthy.
The spokesman said the vessel, which ought to have
sailed on the 28th of last month, bad not even passed Lloyd's,
and was not now likely to sail until next Monday week.
Mr. Lindsay had refused to pay them the Is. each per day,
during the delay they were experiencing, according to the
contract, and they therefore prayed the magistrate's in-
.

Ald.rman Moon having looked at their papers, said they
were entitled to Is. per day from the day the vessel was ad-
vertised to sail en, and if that part of the contract was not
complied with, he would send an officer from this court
with them to try and effect an amicable adjustment of the
dispute.
Mr. W. S. Lindsay attended shortly afterwards upon the
alderman, for the purpose of hearing the complaint, and
giving such explanations as might be called for.
The spokesman then reiterated their complaints, and
added that not one word was mentioned in the contract
about the vessel, as to whether it was built of iron or wood,
and sow they were trasaterted to as iron ship, that looked

Rev.

more like an overgrown sanasel-shell, and, for his part, he
disapproved of it entirely, u he never dreamed of going to
Awnslia in • mussel shell.
Mr. W. S. Lindsay said the Swathaore wu not his own
ship ; he was only the agent for the owners. The vessel
was advertised to sail is the 28th, but it being found, on
inspection, that the comforts in the fitting up of her
were not so complete as he could bare wished
she was detained, sad circulars were sent to all the
germ, Weaning them of the necessary delay. The SO—
W
plaining spekeenuut had tolled it a cockleabell, and all he
mould say was, that she was • very expensive cockle-shell,
for she cast the owners 18,0001. Strong prejudices were al-
ways entertained against the use of iron for ships ; and the
Alderman would remember, probably, how strong that pre-
jad.ce was ten years ago with regard to steam-boats. The
same prejudice existed at the present time, and reports had
heen circulated of an injurious nature to their ships.
Captain Lean had consulted with the surveyor to Lloyd's
and other eminently scientific gentlemen ; but he was not
at liberty, at present, to state what their opinion was, as
their decision would involve • new principle in shipbuild-
ing, and they wished to act with deliberation in such an
important matter. If there was the slightest risk in send-
ing out such • vessel, he would beghe first to prevent her
going to sea, and, considering the eonfidence the public had
placed in his firm, he felt he was in duty bound to protect the
lives and interests of allwho put themselves under his care, to
the fullest extent. He had given very good evidence in that
respect in • ship of his own (the W. S. Lindsey), which he
recalled at an expense of 7,00 W. to himself, rather than the
emigrants should undergo the slightest risk. He wished
moreover to state in conclusion, that there was no occasion
for any one to apply to the magistrates in any ease in which
he was concerned ; for if • proper application were made to
him he would always compensate the parties according to
the means of each, and the amount of inconvenience or loss
they might sustain. If the report of the committee at
Lloyd's, when submitted to Captain Lean, should be pro-
nounced unfavourable, then he would be bound to supply
all the passengers with berths in other ships on the same
terms; but if the vessel was pronounced seaworthy it would
sail on Monday next.
The spokesman said that he objected to go in the Swath-
more, and that he wished to be transferred to the, Ganges,
a vessel which was then ready to sail.
Mr. W. S. Lindsay said that since the complainants took
their berths in the Swathmore, the berths in the Ganges
had advanced in price, and he had, therefore, offered to
transfer them for payment of the difference in the amount
of the passage-money, but they declined to do so.
Alderman Moon suggested that, as the emigrants were
chiefly poor persons, Mr.W. S. Lindsay should pay them Is.
per day during the delay.
lilr. W. S. Lindsay said he had no wish to evade the law
in the least, and he would, therefore, pay the Is. per day to
all those who liked to claim it.
The parties then left the court.
MARLBOROUGH-STREET.

Jolts Stiff wu charged with having assaulted Mr. Mass-
Ingham, boskeeper at the Princess's Theatre.
It appeared that on the previous evening the defendant
and other persons took possession of a front box in the dress
circle, which had been taken and paid for by a party who
had not then arrived. The defendant and others were told
' that the box was engaged, but they refused to leave it, and
when Mr. Massingham simply put his band on him to in-
duct him to retire, with as little force as possible, he struck
him a blow with his fist, and the defendant was then given
into custody.
The defence was that the defendant and others first ap.
plied at the pit entrance and were told it was full, but there
was room in the boxes. They paid to go to the boxes, and
when they got there they discovered that the only room was
the vacant box in quake&
Mr. Hardwick said 11111111111111 a honesty sad common justice
reviled that memegees ef *sakes &mild provide that se-
sesessoilsties kr whisk they were pall. If their theatre
was fa they 'edit to have a *Woe to that effect exhibited
foe the Weema of the public. If they leek money for •
good pert of the Mese, they had no lair to give an in-
ferior glen. It was a epodes of seek dealing to do so,
sad esti seems se the one before his were brought by the
misagess of theatres upon tbeessilees by not doing in the
Arse imam whet was right sad . The conduct of
the defendant, however, is tak possession of • place
which bad previously bees paid for was wholly unjustifi-
able. nee his he must be aware of theatrical
usages, and that thr plasm is Austin wore taken, as all
the back soak were weeded. He had, therefore, so busi-
ness to hese himself late the Taoist pima, sad refuse to
leave it wheel required. As ha bad pat MENU in the
wrong he mast take the asassqinsgs, be mut pay a fine
of 20e. At the sine Moe, be- Medi be ski te Weee that
managers of theatres wen Open& to Mud to the sugges-
tions be had thrown oil.

Rev. Charles lladdo-ck—A-roold—, t7.Cbirkt Church Perpe-
tual Curacy, Clapham, Barmy.
Rev. Augustus Frederick Belizean, to Moulton Vicarage,
Norfolk, value 1774.
Rev. lames William Brown, to St. Throne Caney, To:-
Vita Park, Liverpool.
Rev. R►bert Woolmer Cory, to Horsernimt-the-Sea Vi-
carage, Norfolk, value 1364.
Rev. George Antic* Hayward, to Campsall Perpetual
Curacy, Yorliabire, value 1281. with residence.
Rev. Richard Holmes, to Happiaburgh Vicarage, Norfolk,
value 1754.
t Rev. W. C. Maxon, to Mahan' Vicarage, Linsolnehire,

value 46/.
Rev. Arthur Stanley Ormerod, to Relvergate Vicarage,
Norfolk.
Rev. Edward Willies Belton, to Ealing Vicarage, Mid-
dlesex, value 67W.
Rev. John Soper, to South Lambeth Chapel, Surrey.
Rev. Augustus Otway Fitzgerald, to Charlton Mackrel
Sornerestshire, value 4991. with residence.

Rev. Alfred Kent, to liorseleld Timmy, Glossed.
lire, mine 2211. with residents.
Rev. Charles Bamford Turner, to be down= to the
-it' of Woreatenhire.
Will4on Venable' Wlllimas, to Rubon Curacy,
_..oighshire.
Rev. Arthur W. Wyatt (View of Penroe), to Merge.-
fenny Deanery-Rural, diocese LlandafE
Rev. Philip Parker Gilbert, to Bt. Augustin with St
Faith Rectory, Loudon; value, 2961.
Rev. Char es Nsvile, to Pledborouglt Rectory, Notts'
roans, ""

, 3401. with residence. -
-
Bev. Edward Henn Niblett, to Redmarley-d'Abitot Rec-
tory, Worcestershire ; value, 9001. with residence.
Rev. Richard Bhutto, to High Heiden Rectory, Kent ;
value, 32.51. with residence.

RlCTORY.—Bruiptaa Church, Nortbamplowilro, dio-
cese Peterborough, value 3461. with reckless'; patrons,
Corpus Christi College, Oxford ; Rev. Thome Lockwood,
deceased.
PIIIOIII7AL COIL/CT.—St Bartholomew, Bethnal-green,
value 2001. with ?widows ; patron, Bishop of Loudon ;
Rev. B. W. Belton, promoted.
Cnarkstrwr.—Salisbury Infirmary ; Rev. J. J. Jacob,
rwigued.
Marriaantr.---Bath 011111112 a School, head-mastenhi ,
with the Rectory of Charkombe, value 2001. ; tmtimaataL
before April 6.
Junto& CANONILT.—IS Gloucester Cathodral, value
UAL; patreas,peaa and Chapter of Gloseecter ; Rey. N.