The Sun.
London, England, 1853-02-01 00:00:00

HIGH WATER AT LONDON BRIDGE.

Tm% Der —Morning 50 min. after 6 Evening 14 min.aft. 6
To-Morrow—Morning 41 min. after 7 Evening 12 min.aft. 8

DAILY WEA7HER TABLE.

TUESDAY, FEB. 1, 1853.

State of the wind and weather at each of the following
places at nine o'clock yesterday morning. The stations
Lre arranged in order of latitude.
HASTINGS—N.N.E., gentle breeze—cloudless.
SOUTHAMPTON—E., gentle breeze—foggy.
FoLuzsTONE—N.E., light air—cloudless.
TUNBRID GR—N.W., gentle breeze—cloudless.
GREENWICH—W. calm—foggy.
calm,—cloudless.
SWINDON—N.W. light airs—cloudless.
LEIGHTON—N.W., calm—overcast.
CAMBRIDGE—N.I., gentle hreeze—cloudless.
YARMOUTH—E., gentle breeze—cloudless.
The returns from the following places indicate the state
of the weather on Saturday morning at nine o'clock
LEIGHTON—N. E., calm—overcast.
EfoLTHEAD—Calm—overcast, frosty.
LANCASTER—S.-W.., calm—foggy.
WHlTBY—Calm—foggy.
DARLINGTON—W.S.W., gentle breeze—overcast and

foggy.
Sn4P—S.E., gentle breeze—overcast.

THE WEATHER.--Snr OFFrca, FEB. 1.
THERMOMETER, IN THE SHADE.
go—highest since noon on Saturday.
29—lowest yesterday morning, and during Sat. night.
32—yesterday at noon.

BAROMETER, 30'28.
WIND, N.—A thick fog came on last evening, and has
continued ever since. It was very dense this morning ;
but has cleared up a little towards mid-day.

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LONDON, TUESDAY, FEBRUARY 1, 183.

The very able and conclusive judgment of Mr.
ELLIOTT at the Lambeth Police Court, on Friday,
when finally disposing of the summons against a
cab-driver for an alleged plying for hire at the
Waterloo terminus, and within the grounds of the
South-Western Railway Company, ought to have
the effect of setting that vexata questio at rest for
ever. It bears every mark of calm deliberation,
and of cool and attentive consideration. There was
no controversy as to the facts. Everything neces-
sary to raise the issues had been admitted. The
matters in dispute had been fully argued on either
side, the meaning of the enactments discussed, and
many pertinent cases cited. The decision is in
every way worthy of Mr. ELLIOTT'S previous re-
putation, and, coupled with those of the majority
of 'the Magistrates, and the opinions of the late
ATTORNEY and SOLICITOR GENERALS, may be con-
sidered as completely overruling the rather hastily
formed opinions of Mr. A'BECKETT and of the one
gentleman whose views coincided with his own.
Under ordinary circumstances, it might be antici-
pated that the matter would terminate here—that
Mr. A'BECKETT would bow to the decision of the
majority of his magisterial brethren, and that the
cab-owners privileged to enter the stations of the
South-Eastern and Brighton Companies may be
freed from a persecution to which those re-
sorting to the London and North-Western, the
Great Western, the Great Northern, and the
South-Western stations are no longer liable. We
fear, however, nothing but the decision of one
of the Superior Courts will satisfy Mr. A'BECKETT,
and if such indeed be the case, and that he refuse
to observe the ordinary routine, it will be his
duty to place the matter on such a foundation
as will enable that decision to be as speedily and
economically obtained as may be practicable.
Two questions, depending on the construction
of different statutes, have to be determined before
we can arrive at a just and proper conclusion.
Ist, What is " a plying for hire," within the
meaning of the Acts Ist and 2d Wu. IV., c. 22,
and 6th and 7th Vle., c. 86 ? 2dly, Whether the
word " Elsewhere," contained in the 32d sec-
tion of the last-mentioned statute, can be con-
sidered as applying to private property ? On the
first point, " the plying," generally speaking, is
a constructive plying, depending on the interpre-
tation of the 24th section of the Ist and 2d Wm.
c. 22, which enacts "that every hackney-
c rriage which shall be found standing in any
street or place, and having thereon any of the
numbered plates required by that Act to be
fixed on hackney-carriages, shall, unless actually
hired, be deemed to be plying for hire, al-
though such carriage shall not be on any
standing, or place, usually appointed for the pur-
pose of hackney-carriages standing, or plying for
hire." In that clause, the word " place" must
be deemed to be ejusdem generic with its an-
tecedent " street," and to mean only any locality
open to the public. The case of PAUL V. JAMES,
cited by Mr. ELLIOTT, is directly in point. A
mere standing atthemit agyee;t7-( )yf any inone of the
stations, on the private
company,
"
could not therefore be deemed. a plying for hire"
under that Act, and there is nothing in the sub-
sequent statute to extend the meaning of the
phrase ; and as the 34th section of the 6th and
7th Vie., imposing a fine, must be considered
as a penal enactment, it must, according to the
established rule, be construed strictly, and most
favourably to the defendant. It is clear that the
"plying for hire" must be distinct and positive,
which never takes place in railway stations, the
regulations not allowing any solicitation of pas-

sengers.

Again, even if the word " place," should
be held to include private I property, and
that PALM v. JAMES had been overruled, it
•
might fairly be contended that there was "an
actual hiring" by the Railway Company, so
_ otAss to take the cam out of the statute. There is
vg to prevent a company, any more than
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