The Sun.
London, England, 1862-08-11 00:00:00

IMPORTANT CAB OUESTION.

Mr. Ingham has given a decision in a case of some
importance both to the public and cabdrivers.
Wm. Smith, cabdriver of Westminster, badge
12,627, was summoned before Mr. Ingham, by In-
spector Holden, on July 22d, charged with unlaw-
fully refusing a fare near to the International Exhi-
bition on the 10th ult.

Defendant stated that he only received the sum-
mons on the previous night, and had not sufficient
time to obtain a witness that he was not near the
Exhibition on the 10th ult.

Mr. Ingham adjourned the case to the 28th, that
defendant might bring his witness.
On the 28th defendant's solicitor gave his worship
a letter from a lady, informing him that the cab-
man was driving her to her residence in Richmond-
terrace on the day and hour at which the summons
stated the alleged offence to have been committed.
The attendant at the cab rank was called on to
support the summons. His evidence went to show
that while defendant was driving slowly along the
road on the 10th ult., about 5.30, some persons
hailed him ; he shook his head, and afterwards took
up a party of four persons. The solicitor called on
the magistrate to dismiss the summons, as the diffe-
rence of time between the summons, and the evi-
dence of the last witness, was fatal to the case.
Mr. Ingham considered that as the facts were the
same as stated by the inspector and the witness, the
variation of time was a mere accident, which did not
affect the case, but he would consent to adjourn the
case to Monday, Aug. 4, to afford defendant an op-
portunity for proving where he was at 5.30 on the
day in question.
On Monday, Aug. 4, Mr. Barnard stated that
defendant was driving Col. Patten about five
o'clock on July 10th, but as the colonel was in Paris
and could not attend, he would take the case on its
merits. Defendant was going along the road, and
by refusing a fare he committed no offence, He
read the 35th section of the Ist and 2d Wm. IV.,
cap. 22 :—" That every hackney carriage which
shall be found standing in any street or place, and
having thereon any of the numbered plates required
by this act to be fixed on hackney carriages, shall,
unless actually hired, be deemed to be plying for
' hire, although such hackney carriage shall not be
on any standing or place usually appropriated for
the purpose of hackney carriages standing or ply-
ing for hire, and the driver of every such hackney
carriage which shall not be actually hired shall be
obliged and compellable to go with any person de-
sirous of hiring such hackney carriage ;" and pro-
ceeded to show that the act applied only to cabs
found standing. If they were moving along, they
were not to be deemed to be plying for hire.
Mr. Ingham held that defendant was standing,
although going, for it was to his mind conclusive
proof that defendant was plying for hire by taking
up a fare after refusing others. He ordered him to
pay 4')s. and costs.

Mr, Barnard then asked his Ns, orship for a case,
as it is the wish of a noble philanthropist to settle
the interpratation of the 35th section.
Mr. Ingham immediately granted a case to be
taken into the Court of Queen's Bench.

THE TRADE BETWEEN NEW ORLEANS AND THE
NORTH.—According to advices received in Liverpool from
New York it would appear that the trade between New
Orleans and that port, and vice versa, was gradually increas-
ing. On the two days (July 19th and 20th) there were
laden at New Orleans as follows—For New York : On board
steamer Fulton, 151 hhds. sugar, &c. ; on board the
Roanoke, 172 bales of cotton, 1,275 hhds. sugar, 111 barrels
sugar,soo barrels rosin,'7B bales and 9 packages merchandise;
on board schooner United States, 800 barrels rosin, 50
barrels pitch, 5 packages merchandise; on board barque
Henry Hill, 54 bales of cotton, 332 barrels rosin, 369 hhds.
sugar, and 25 barrels molasses; on board schooner E. C.
Howard, 450 hhds. sugar, 199 barrels molasses, 190 barrels
rosin, 24 barrels varnish, and 3 of turpentine ; on board ship
Havelock, 403 bales cotton, 1,548 hhds. sugar,
210 bales
mess, 2 bales mats, 292 barrels rosin, 50 casks molasses, and
27 bales twine. To Boston—On board Nereus, 236 hhds.
sugar, 80 half barrels, and 376 barrels molasses. To Fort
Pickens—On board schooner H. Travis, 10 hhds sugar, 10
half and 90 barrels molasses, 20 kegs syrup, 5 lbs. and 40
cases crackers, 50 sacks salt, and 10 packages merchandise,
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