The Express.
London, England, 1853-03-14 00:00:00

THE EXPRESS, MONDAY EVENING, MARCH 14, 1P53.'

THE POLICE COURTS.

GUILDHALL.

The justice room WAS crowded to extras with intending I
emigrants, who appeared before Sir John Musgrove, the
sitting magistrate. to complain of the conduct of Messrs. W.
S. Liadeay and Co., of Austin-friers, and the non-fulfil-
ment of their contracts, in which that firm bad undertaken
to provide the complainants with premages in the Swarth-
move, to Australia.
One cf the emigrants, a young man, stated that he was
deputed by his fellow-passeegere, about 400 in number, to
prefer this complaint ou behalf of the rest. They had all
I paid for passages in an iron built vessel called the Swarth-
more, which was in the first instates advertised to nil on
the 2,4 th of last month; she had, however, been delayed
from time to time, uutil at length she was pronounced by
the government emigration agent to be unseaworthy; in
consequence of which a committee was formed, and a scale
of compensation to the p.m...lagers who had paid for their
berths was made out, but Mr. Lindsay, the agent for the
Swarthmore, objected ts the accounts, which varied from 31.
up to 161. each, awarded by the committee at his own sug-
gestion. An offer was then made to transfer them ell to a
vessel of far Inferior appointments, and to allow 2s. per day
siessistence money durieg the delay ; but he, for one, had
been so much ineonvienc.ol that he positively objected to go
out in any ship with which Meter. W. S. Lindsay and Co.
bad anything whatever t do..
At the suggestion of Sir John Musgrove the committee
and Mr. W S. Lindsay were sent for, and
Mr. James II•Lellan (the chairman) stated that they had
come to their decision lifter the most careful deliberation,
and had taken the act of parliament into consideration upon
which their decisions were based. -

Ihe worthy aldermen referred to the act of parliarnew,
15 & 16 Viet., cap. 41, tee. 44, awarding compensation to
emigrants to the extent of 10/., as well as maintenance
money in the event of the noa-performance of a contract on
the part of the owners of a vessel with whom they had con•
teamed to sail at • particular time. He then said it ap•
peered to him that there had been neglect and breach of
contract on the part of the owners and agents for the
Swarthmore; but be suggested the propriety of Mr. Lind-
say's premix*, and that gentlemen was sent for to explain
the matter.
Mr. W. S. Lindsay, on his arrival, said he was thankful
that the worthy aldermen had invited his attention to hear
these complaints, fur summonses were at all times unue•
cessary with him. Ile had settled with about 200 out of
300, and he had met the remainder upon what he thought
the most equitable terms. He had offered to return their
passage money or find them a passage at the same 'stein an
equally eligible skip, and to compensate all, whether they
went or stayed, according to their relative situations. He
had soiled with a great many satisfactorily, and had also
requested the committee to est down the circumstances,
and classify the cases, so that he might be made acquainted
with the hardship each had endured. He had received
that classification from the gentlemen on the committee, to
wham be was greatly obliged for the trouble they had taken ;
but they had made a mistake in allowing the difference be-
tween what they had paid for their passages and the prices
that were now demanded. He was willing to allow them 2a.
per day for subsistence money from the day the Swarthmore
was to have sailed until any vessel they might go in should
start from the port of London; but he was unwilling that
any of the emigrants should make a gain of what was a great
love to the owners. As the agent, an enormous amount of
trouble and excitement had devolved upon him; and al-
though he was still desirous of meeting the complainants
with a liberal spirit, he was determined to resist imposition.
Not only were these parties anxious for the advance in the
price of passages, but some claimed 41. or 61. a week com-
pensation in addition, because they could have eatned that
sum on an go had they eontinued at their ordinary
avocations. Such persons he found it impossible to deal with.
Several of the applicants denied this statement, and ulti-
mately it was awninged that Mr. Lindsay should look over
the act of parliament and see how far be was liable, end, if
he could, come to an amicable arrangement with the com-
mittee ; if by that time it was not settled, they were to come
before the alderman, when he would deal with it judicially.