The Sun.
London, England, 1853-04-06 00:00:00

SECONDARIES' COURT-.(THIS DAY.)

(Before Mr. Secondary Potter.)
CURLER V. CAKE.
This was an action to recover the sum of 131. on a
bill of exchange. Defendant pleaded non-acceptance,
but did not appear.
Plaintiff's attorney said that there was no real defence,
and he understood that defendant had made an assign-
ment for the benefit of his creditors. He called a wit-
ness who proved the defendant's handwriting, and the
Jury gave a verdict for the amount claimed.
An application was then made for a certificate to en-
title the plaintiff to costs.
The Learned Secondary said that this was a case in
Which there was a concurrent jurisdiction with the
k,eunty Court, therefore he had, no power to grant the
certificate ; but the application must be made to a judge
at Chambers. This led to a great deal of unnecessary
tr ouble and expense, but the words of the act prevented
Ilia interference.

TIIR AUSTRALIAN ROYAL MAIL STEAM

NAVIGATION COMPANY

A Parliamentary paper, which has just been issued,
"ta ins a copy of the contract executed between the
grads of the Admiralty and the Australian Royal Mail
t m
.I`,l.:,avigation Company, for conveying mails be-
abstract
w z.ngland and Australia. The following is an
tract of its more important provisions :—The con-
Pr",id" that the average speed of each vessel,
81 knots an
on. this service, shall not be less than
an hour. The company are to convey the
mails once each way.
every two calendar months between
England and Sydney,
and to retain in their service not
ss than four steam-v essels, of not less than 1,400 tons,
With screw-propeller, and engines of not less than 300-
horse Power. These vessels are to be supplied with
proper machinery, tackle, boats, fire-pumps, lightning
condutors, and -manned-with -competent officers,
With certificates under 13 and 14 Vic., c. 93, or other
acts as to certificates. The vessels, officers, and crew
are at all times to be subject to the Admiralty for
approval, and previously to any vessel being built the
F_Qtropany are to submit designs, &c., to the Admiralty,
if the desire it, and adopt scantling, &c., as the
ira ty may
the consider requisite. The places at which
ve vessels are to touch outward and homeward, to deli-
_ r and receive mails, are St. Vincent, either Simon's
43 or Table Bay at the Cape of Good Hope, King
George's Sound, Adelaide, and Port Philip, with liberty
also to touch at St. Helena, at the option of the com-
pany. The Admiralty may direct that the vessels shall
cease to touch at particular ports, or require'the vessels
ag to touch there. The first' vessel is required to
leave on ,the 3d June, 1852, and the second vessel on
the 3d 'August; 1852, and- once every' two calendar
months afterwards, as the Admiralty may appoint, for
Plymouth, touching at the intermediate ports. The
Admiralty are to be at liberty to alter the day and hour
of departure and arrival of vessels on three months'
notice. The vessels are to remain at the ports so long
andlon
only as are required for landing and embarking mails
coaling, unless the Admiralty direct by three months'
notice. The company are in every case to replace dis-
abled vessels at their own charge. The contract then
Proceeds to specify the powers of the officer in charge
of the mails, and to provide for their safe embarka-
tion and disembarkation. The company are not al-
lowed to receive on board any other letters not in
Charge of the naval officer in charge of the mails, and
tor
u'r any default in this respect the company are liable
veesa))reach of contract. The penalty for an inefficient
put4:i if the vessel do not start, or delay starting, or
charD.A 1. after starting without sanction of officer in
shar,,h is 1001., and 501. for every day which
for thelapse until the vessel proceed to sea. The penalty
dire et co e vessel stopping, lingering, or deviating from the
e,
ill's is also 100/. The company are not liable
`.,° Penalties if to the satisfaction of the Admiralty the
default arises from circumstances over which the com-
uPaals_ 3' or their servants had no control. The officer in
rge of the mails, and the Admiralty, are empowered
r have the vessels surveyed at any time, and the de-
ciency or deficiencies in the vessels are to be removed
under penalty of 1001. If a vessel be declared unsea-
W°rthY, or not adapted to the service, she is not to be
elnployed again until the defects are made good to the
natisfaction of the Admiralty under a penalty of 2001.
All. moneys to be paid by the company to her Majesty
finder
be deducted from moneys payable to company
der this or any other contract or payment en-
forced. The Admiralty may also require the com-
,,,Y to convey a limited number of officers and
~-(4diers, with their baggage, &c. The company
-re in all cases to be responsible for the custody
and delivery of packages, articles, and stores ; and they
are to be paid at the rate of 26,0001. per annum, subject
to a rebate of 501. for every passage mails entrusted to
the master of vessels ; the first payment being due at the
termination of the three calender months from the corn-
!nencement of the services ; and if the vessels are ordered
taY. the
hAdmiralty to leave any other port than Plymouth,
b 'l4Pany are entitled to comensation, to be settled
)1; arbitration in case of differencep. The Admiralty may
terretase the vessels at a valuation, or charter them for
va.luatliestY's service ; and, in case of a difference, the
contra: or hire is to be settled by arbitration. The
eonthluerwf as to commence on the 2d of June, 1852, and
IlYmouter fcgir Years from the dif the first vessel leaves
tut in the and until eighteen months' notice in writing.
ratty may eof an assignment or breach, the Admi-
no tiee
, and the
-6""rraine the contract without previous
+4on on such terZnPanY are
.i
1. T
breael not entitled to compensa-
f
ation, but shal remain e for the
or the dile he company
are boundl in the sumliabl of 4,000/.
performance of the contract.

ALARMING FIRES IN THE CITY.—L evening, a few minutes before nine o'clock, the st
inhabitants at
of
Cheapside were considerably alarmed in consequence of
the sudden outbreak of a fire in the extensive premises
lielonging to Messrs. Bartlett and Co., importers of fo-
.,eign goods, and Messrs. Grant and Co., shirt-ware-
heuousemen, situate at 22, Milk-street. The discovp7 7made by Police-constable Sykes, who, in passing
building to go on duty, found smoke pouring
forth from the lower floor. He at once sounded
an alarm, and sent for the fire engines, and in a very
brief period the engines of the London brigade from
Watling-street attended, followed by others from Jeffrey-
Equare Farringdon-street, Holborn, Chandos-street,
and stations, together with that of the West of
land ESg iii-T-Fli asurlance-office. As the last-named engine
was proceeding up Ludgate-hill an elderly man, whose
name could not be ascertained, but who was evi-
dently labouring under the influence of drink, stag-
gered into the road, and when in front of the horses
fell. Deputy Barrow and Mr. Connorton, who were
Windings at the side of Ward'the driver, then ordered
tman to get out of the way, but he appeared to make
no attempt to do so, and before the horses could be
CStopped, the unfortunate man was knocked forward and
o wheels of the engine passed over his body. Mr.
nnorton at once ordered two of his men to get down
and convey the poor fellow to St. Bartholomew's Hos-
pital, -which was accordingly done, but it is impossible at
present to state whether or not he is seriously injured.
I:he moment the engines reached the scene of the
fife, they were set to work from an abundant sup-
per of water, but in spite of the exertions of the
remen, they were unable to get the flames subdued
Messrs.lea serious amount of mischief was done by fire to
Bartlett's property. The stock in trade of
and Grant and Co. is likewise damaged by smoke
fire. The origin of the misfortune could not be
lascertained. A fire likewise happened yesterday in the
~
1. !•9raises of Mr. Crawley, shirt-front manufacturer, in
lver-street, Wood-street, City. It was caused by the
heat of a stove in the next house, and notwithstanding
that the engines were quickly on the spot the firemen
'ere unable to conquer the flames until several of the
stores or warehouses were nearly burnt out. The
escapes of the Royal Society for the Protection of Life
Irma Fire attended at each fire, but fortunately their
services Were not required. The sufferers were insured.