The Sun.
London, England, 1853-12-23 00:00:00

THE SUN, LONDON, FRIDAY EVENING, DECEMBER 23, 1853.

LAW INTELLIGENCE.

COURT OF BANKRUPTCY.—DEc. 22.
(Before Mr. Commissioner Fane.)
CASES OF THE GREAT RAILWAY CONTRACTORS.-IN RE
RENNET.
This was the last examination meeting in the case of
George Hennet, of Duke-street, Westminster; Bridge-
water, Bristol, and other places, railway contractor,
shipowner, and timber merchant. The case is the.largest
that has passed through the court for several years.
The accounts, prepared by Messrs. Quilter and-Ball,
are very voluminous, extending over 64 folios. The
following is a copy of the balance-sheet :
The balance-sheet of George Hennet, of Duke-street,
Westminster; Temple Meads, Bristol ; Teignmouth, and
Bridgwater, railway contractor, shipowner, lime-burner,
&c., a bankrupt.
From Ist January, 1849, to 19th March, 1853.
DR.
To sundry creditors £343,342 7 2
Liabilities 16,919 13 10
Secured creditors—
Fully secured 63,843 0 0
Partially ditto 15,522 3 0
Profits on four years' business 37,900 0 0
Ditto on French contract 16,000 0 0
Capital, Ist January, 1849 146,342 4 5

£639,899 8 5

By property £80,786 0 8
Debtors, good 65,521 12 10
~ doubtful £3,00115 0
„ bad 49,860 10 4

£52;862 5 4

£146,307 13 6
Deduct creditors payable in full 616 18 10

E 145,690 14 8
By estimated value of securities in the
hands of creditors—
Fully secured £73,139 0 0
Partially ditto
86,739 0 0
(N.B. It is probable that, after defraying
the expenses of realisation and the accru-
ing interest on mortgages, there will be
no surplus available to the estate from
thq, property in the hail& of fully secured.
creditors.)
By house and personal 'expenditure since
Ist January, 1849
Trade expenses, including rent, taxes,
salaries, journey, and all incidental

charges sines Ist January,lB49 27,000 0 0
Losses, including bad and doubtful debts 354,749 19 11
Liabilities (per contra) . ,

8639,899 8 5
The list of creditors occupies 24 folios of the accounts ;
they are about 500 in number. The largest creditor is
Mr. George Hudson for 27,9391. 18s. 7d., on 32 accept-
ances of the bankrupt's of various amounts from 5001.
to 2,5001., which were chiefly due in March, April, and
May last. Next to him is Mr. A. G. Pooley, of Nicho-
las-lane, who is a creditor for 23,4431. 11s. 2d., on 25
acceptances. Mr. George Wither, of Reigate, is a cre-
ditor for 16,4701., and Colonel Woolridge for 15,3901.
is. 2d. There are only two other creditors for above
10,0001., the rest are all below that amount, and most
of them below 5,0001. There is an item of 42,077/. due
to holders of acceptances who are unknown, all of which
were issued between October, 1852, and February last.
In the list of liabilities the largest item is the following :
"Acceptances given to Lewis, being
,part of 50,0001.
now held by A. G. Pooley, 10,0001." The property
is very extensive. That on which mortgages are held
by the secured creditors consists of a freehold man-
sion-house and land near Teignmouth ; freehold houses
and land in Devonshire, at Clifton, near Bristol, and
other places ; ships, policies cf insurance, &c. Of the
unimcumbered property, estimated at 80,7861., there is
in stores, stock, manufactured goods, and materials of
various kinds, 36,4001. • plant and machinery at Bridge.
water and Bristol, 9,841. ; vessels, 5,8501. ; contract
with the Great Junction of France Railway Company,
sold to Josiah Wilkinson and others, for 16,0001. ; house-
hold, live and dead farming stock, carriage and horses,
2,456/. ; cash, 2,371/. ; shares, in the York and North
Midland Railway Company, the Bristol Waterworks
Company, a French coal-mine, nine mining companies,
the Royal Panopticon of Science and Art, and several
local companies in the west of England, 2,9781. ; adven-
ture, per Harriet, to Sidney, consisting of corrugated
iron, wines, spirits, &c., 2,0001. Amongst the good
debtors to the estate appear the Emigration Commis-
sioners for a balance of 3,0001. ; and the Great Western
Railway Company for 3,5471. The works in progress
on the South Wales, the Oxford and Rugby, the Bristol
and Exeter, and the Vale of Neath Railways, are put
down at 46,7501. The largest bad debt is " David-Leo-
pold Lewis, 42,0001. ;" it is not stated how this debt
arose. Some heavy items appear under the head of
losses ; they comprise the following :—Original 501.
South Devon Railway shares, fully paid (1,050 shares
sold for Si.), 47,2501. ; Bartlett, loss on mining shares
purchased of him, 45.0001. ; discounts on bills, &c.
(two years), 30,0001. ; plant, cost about 38,6001.,
present value 9,8541., loss 28,746/. ; Glainorganshire
and Monmouthshire Banking Company, cost of
200 shares about 2,0001., since paid by me on
account of liabilities prior to the order of winding up
15,0001., total 17,0001. ; Holmes, loss on properties pur-
chased of him 17,000/. ; Swift, loss on transactions with
him, 16,3001. ; iron contracts, 22,5001. ; Langley Field
iron work, mortgage 15,0001., sold for 3,0001., loss
12,0001. ; loss on mining shares 17,0571., the principal
items being 4,1201. on Cassandra mine, and 4.265/. on
Bodmin Moor ditto ; South Wales Railway shares, cost
of 500 shares 6,4001., sold for 3,200/. ; Tweedale Tile
Company, 3,000/. ; South Devon half-shares, preference,
645 shares, cost 231. each, sold for 151. each, loss 5,1601. ;
law expenses, 3,147/. ; loss on 223 South Wales Rail-
way shares at 181.. per share, 4,0141. ; Great Western
ordinary stock, taken in payment of Windsor contract,
20,0001., sold at- a loss of 4,1501. ; Clifton property,
2,600/. ; shares bought of Swayne and Bovill, 4,000/. ;
Forest of Dean coal mine, 3,0001. ; mosaic) picture,
1,000/. ; premiums- paid on life assurances, 1,5881. ;
Gerway-house 2,000/. ; loss on three ships, 5,200/. ; by
W. Richardson, a bankrupt, 1,5001.
Mr. Lawrance, addressing the court, said he ap-
peared for the bankrupt in this case. This was the
sitting for the last examination, and he believed there
was no opposition to Mr. Hennet's passing.
Mr. M`Leod (for the assignees)—We have no oppo-
sition to offer.

Mr. Linklater, who appeared for certain creditors,
concurred.

Mr. Lawranoe—l believe the process of realisation is
going on most satisfactorily, with the assistance of Mr.
Hennet, and with the indefatigable assistance of our
friend Mr.. Cannan ; and the result will be as satisfac-
tory as we anticipated, if not more so.

The CommissiOner—The only thing distressing about
it is, that Mr. Hennet should have fallen into such mis-
fortune after having had so successful a career previously.
Mr. Lawrance—He has been the architect of his own
fortune, and he sees the superstructure fall scarcely by
any act of his own. Your Honour, I presume, will
permit the bankrupt to pass ; and, perhaps, you will
be good enough to name an early day for the certificate
meeting.

The Commissioner—Will it be opposed ?
Mr. Lawrance —There may be opposition ; but we
are not aware that there will be.

The Commissioner—The earliest day on which it would
be heard would be the 13th of January. I don't think
I shall pledge myself to decide the matter earlier than
the week following. Put it down for Saturday, the
21st of January, at 12.
The bankrupt then passed.
From the examination of the accounts this large failure
appears to have arisen from a system pursued by the
bankrupt, and doubtless by other contractors, of ac-
cepting shares of the several companies under whom be
contracted in part payment for the works to be per-
formed. At the time of the contracts, the shares were
probably at a premium ; but they afterwards became
depreciated, in some instances from 50 to 70 per eent. ;
and mr. Rennet being obliged to pay his sub-contrac-
tors in full,• he necessarily fell into difficulties.

There has already been a dividend of 2s. 6d. in the
pound paid on the estate, and another dividend of about
.the same amount is expected shortly to be declared.

IN BE THOS. lIITCHINGS.

This bankrupt was also an extensive railway contractor.
He had besides been engaged in large contracts on the
Grimsby Docks, the. Southampton Waterworks, and the
Leith Harbour Works. He is described as "of Park-
street, Westminster, of Great Grimsby, and of Anston, in
Yorkshire, railway contractor, and contractor for publics
works, stone-merchant, ship-owner, dealer and Chapman;
late in partnership with Win. Wright and Wm. Brown,
and trading at Great Grimsby, under the firm of T.
Hutchings and Co., and at Anston, under the firm of
W. Wright and Co." This was the adjourned last ex-
amination meeting.

The accounts in this case have been prepared by
Messrs. Simmons and Co. of Gracechurch-street, and
occupy no less than 88 folios, though extending only
from the 16th of December, 1852, to the 30th August
last. Subjoined is a copy of the balance-sheet;—

•
To creditors unsecured DR.
£53,966 18 3
To do. contracted since appointment of in-
spectors
25 15 0
To do. who have attached the amounts due
on the respective works • 2,567 3 4
To Smith, Ellison, and Co., Lincoln, hold-
ing security .......
To surplus 16th December last 9,853 16 6
To do. as per statement of affairs of Hutch-
ings, Brown, and Wright 5,202 3 6

it 83,554 9 3

By good debtors £8,498 12 4
Doubtful ditto
Bad ditto

Property
Amount receivable on sundry works 17,984 7 10
Ditto doubtful 3,068 5 4
Grimsby Docks' contract..... £28,762 1 10
Less, claim by Smith, Elliston
and Co lO,OOO 0 0

18,762 1 10

Plant, So., estimated to be
worth
30,762° 1 10
Securities held by Smith, Ellison, and C 0.... 14,500 0 0
Personal and domestic expenses
Suspense account 291 14 5
Profit and loss 1,641 12 5

£83,554 9 3

Of the 88 pages of the accounts, 33 are occupied with
the list of creditors. The property consists of house-
hold furniture, office fixtures, &c., a pile-driving ma-
chine at Blackwall some house at Great Grimsby,

shares in the Grimsby Fishing Company, valued at
1,200/., and a bond for 1,0001. on the Manchester,
Sheffield, and Lincolnshire Railway.
Appended to the accounts is a detailed statement of
all the works in which the bankrupt bad been engaged,
the principal of which appears to have been the con-
tract for the formation of the new docks at Grimsby.
We select the following items :—" South Essex
Estuary, 5,1471. In.the spring of 1851, a project was
set on foot to enclose certain lands on the coast of
Essex, by a company to be formed and to be called the
South Essex Estuary Company, I undertook to make
the necessary application to Parliament for a bill
authorising such inclosure, and to pay the preliminary
engineering and law expenses thereon ; and in the event
of the bill being obtained, and the company's being
formed pursuant thereto, then that the contract for the
works should be given to me. The bill has since been
obtained, but the company has not yet been formed,
ner has anything further been done; but I have no
doubt that the project will eventually be carried out,
and that there will be realised to this estate a sum much
greater than the present expenditure, which is for
expenses in obtaining the bill and engineering charges
5,147/," The other works were enumerated as follows :
—Spurn Lighthouse works, 7.001. • Frome, Yeovil, and
Weymouth Railway ; Inverness iridge works, 2,300/. ;
Southampton Waterworks, 2,3481. ; Morayshire Rail-
way, 1,001/. ; Leith. Harbour works, 4,6341. ; Anston
quarries, 18,5201. In reference to the Grimsby Docks
the following explanation was given :
This contract for making docks at Great
Grimsby was taken in January, 1851,
for the sum of . 4200,719 12 2
Reverse gates £750 0 0
Clee drains

Lengthening arches
Kreosoting
21,314 9 4
Work performed by W. H. Mitchell and
paid by T. Hutchings and Co 843 11 0
Amount of extra work as per schedule 56,341. 3 3

279,218 15 9

-Less, cash received on ac-
count as per certificates,
to 36th Sept.lBs2 207,034 16 4
Materials purchased per
contract
Incomplete works Sept. 30,
1852, as calculated by Mr.
Cowley, engineer (le-s
materials on the ground
used by the company,
9,0001.)
------- 250,456 13 11

28,762 1 10
(Subject to a claim of 10,0001. for which Messrs. Smith,
Ellison, and Co. hold security.)
" Memorandum.—ln addition to this sum, I consider I
am entitled fo a profit of 15 per cent. on the works exe-
cuted by the company ; in the above calculation the
amounts estimated to complete, being taken at schedule
prices. I consider the plant now lying at Grimsby, will
realise to this estate the sum of about 12,0001."
_ _ _

Mr. Lawrance asked that the bankrupt. should pass ;
the balance-sheets had been duly filed, and were satis-
factory. The books had•all been kept by double-entry,
and the balance-sheet was perfectly vouched.
Mr. Linklater said he represented the assignees, who
had no objection to the bankrupt passing his last exami-
nation. The books had been well kept, and there was
no difficulty at all as to the figures. There were one
or two verbal alterations which the assignees wished
to be made with 'reference to the claim of Messrs. Smith,
Ellison, and Co., so that neither party might be com-
promised.
His Honour asked who wanted the alteration made ?
Mr. Linklater said it was rather the suggestion of the
official assignee ; but, independently of that, he should
have made it on behalf of the assignees. There was a
large debt of about 30,0001. due to this estate from the
Gritnsby. Dock Company; on this debt Messrs. Smith,
Ellison, and Co. claimed a lien to the extent of 14,4001.,
but the bankrupt contended that the lien, which was
created by a letter to his bankers, was only to the ex-
tent of 10,000/. It was proposed to put a note on the
balance-sheet to that effect.

His Honour said the bankrupt was at liberty to make
any statement he pleased as to what he supposed to
be his rights; but such statement could not affect
Smith, Ellison, and Co. The assignees, however, might
reasonably desire such explanatory statement to appear,
lest the creditors should be misled as to the amount of
assets. ;

Mr. Lawrance asked his Honour to continue the
allowance.
The Commissioner—What was the allowance ?
Mr. .Lawrance-101. a week.
Mr. Linklater- said the bankrupt had been most as-
siduous in assisting the assignees.
Mr. Cannan, the official assignee, said his services
would be required for some time to cume.

The Comniissioner—That is a matter which must be
left with the assignees. It is a matter of common sense,
they must judge for themselves what is a reasonable
price for his services. •
Mr. Lawrence —And your Honour will sanction it, of
course ?

The Commissioner—Yes.
Mr. Lawrance then asked for the allowance of the ac-
countant's bill-250/., out of the estate.
Mr. Linklater consented, on the part of the assignees,
and the sum was ordered to be paid.
The certificate meeting was appointed for the same
day as that of Hennet, the 21st of January.
Mr. Yetts, on behalf of the directors of the Frome,
Yeovil, and Weymouth Railway, tendered a proof for
1,0001. in respect of expenses incurred, at the bankrupt's
request, in obtaining the act and forming the co:npany.
The Great Western Railway Company had expended
700,0001. on the line, when the Frome and Yeovil Com-
pany agreed to take it off their hands and lease the line.
Mr. Hutchings agreed with this company to complete
the line for 500,0001., and to lease it on terms so as to pay
4 per cent, to the shareholders. A contract was entered
into, in January, 1852, by which Mr. Hutchings under-
-took, in the event" of the scheme proving abortive, to
pay 1,0001. towards the expenses. The act had been
obtained, but the line was never brought into operation ;
consequently the present claim was made.
Mr. Linklater was willing to concede the right of
proof on condition of all other claims being abandoned.
The Commissioner—How has the company proved
abortive ?

Mr. Yetts stated that the requisite capital had not
been subscribed, and the Great Western Company had
again taken possession of the line. The Yeovil Coin-
pany had expended as much as 4,0001. in the prelimi-
nary expenses, and therefore sought to prove against
Hutching's estate for the 1,0001. which he had contracted
to pay. _ _

Ili; Honour said it might appear that the contractor
had already paid as much as he had contracted to do.
The real question was, what were preliminary expenses ?
Mr. Yetts—Our case is, that he has paid no expenses
within the meaning of the contract.
His Honour said it was entirely a question of account
and of details. . .

Mr. Linklater said if the directors had paid 3,0001. or
4,0001., he would show that they had received 35,0001.,
so that they were not at all out of pocket.
Mr. Yetts—The whole amount received has been
1,7791. for deposits.
The Commissioner—Have they returned any of this to
the shareholders?_

Mr. Yetts—They are desirous to do so.
The Commissioner--But are they not bound to do it?

Mr. Linklater—Not at all. I will show that the par-
liamentary contract in this case was a mere delusion, as
regarded the amount of capital. Some of the gentlemen
now claiming this money from us did not pay a farthing
on their shares. Of the 1,7701. in the hands of the pro-
moters, 625!. was paid by Messrs. Hutchings and Co. in
respect of a portion of the shares. For that amount
Messrs. Hutchings are entitled to credit towards the
preliminary expenses. Besides, lam prepared to show
that the company did not prove abortive ; the act was
obtained, and they were regularly formed.
His Honour said the question was so cbmplicated that
he could not now deal with it.

Mr. Yetts said the act applied for was one to carry out
powers already in existence ; consequently, the regular
amount of subscription was not,required. The act pro-
vided that three-fifths of the capital should be subscribed
before the works were proceeded with, and this was not
done because the shareholders had not confidence in Mr.
Hutchings.
His Honour said he would not go into that question.
Mr. Yetts said the result was that shares to the amount
of 35,0001. only having been subscribed for, the company
became abortive.

The Commissioner—l suppose all the bankrupt paid
towards the preliminary expenses was the deposit on his
shares.

Mr. Lawrance said there had been considerable further
payments.

- After a conversation,
His Honour said he thought there was evidence that
the directors had paid about 4,0001. of preliminary ex-
penses ; and it would be for Mr: Hutchings to show that
he had paid 1,0001. of this, or what he had paid. The
matter ought to be put in the form of a declaration and
a plea, in order'that he might arrive at a correct conclu-
sion upon it. Where persons engaged in a project that
must involve a heaiy expenditure, they were not justi-
fied in incurring expenses, and charging them on the few
who had subscribed. Be the merits of the case what
they would, they hid not been presented to him so as to
induce him to admit the proof.

SOCIAL CUSTOMS TRADE USAGES, AND DRINK.— A
meeting of the National Temperance Society (the fourth
of a monthly series) was held in the Whittington Club,
on Monday, the 19th inst., to promote the separation of
intoxicating liquours from the usages of workshops and
the customs of social life. John Dunlop, Esq., founder
of Scottish Temperance Societies in 1829, and author of
"The Philosophy of the Artificial and Compulsory
Drinking Usages," presided on the occasion, and ex-
presied .his satisfaction with the amendments which
had been introduced since his researches and labours
in reference to this subject first began. He charac-
terised the despotism of drinkiug usages in trades
in emphatic terms ; and lamented that so many of
them (the majority, however, not so compulsory as
formerly) still remained. The Rev. Dr Burns related
several affecting instances of moral and criminal
iw
dtr hun ns
e the ho
ci
iahmi
patololrdthainbscuesoiwnoenfs
sk.
onsueopswtaolermadtsg
separating these
nhdat
hddewsr
eeeslut letsseptdreocfniragolllmyy
from all religious festivities and celebrations. Mr.
James Balfour confirmed all that had been said,
both as to the injury inflicted on the working
classes by drinking usages, and the improvements which
bad arisen since the agitation of the question several
years ago. He drew particular notice to the evils at-
tending the custom of holding benefit clubs at public-
houses. The secretary of the National Temperance
Society referred to some illustrations of progress and
enlightened sentiment on the subject under discussion.
The meeting separated at ten o'clock.

POLICE INTELLIGENCE.

111 ANSION-HOUSE.—Two young men, named White
and Lutterell, soldiers of the. Grenadier Guards, were
charged with violently assaulting Constable 539 City
police while on duty.
About eight o'clock last night the prisoners were at a
coffee-shop door on Tower-hill ; both were rather
drunk, and they forced the shop door. They both used
the most revolting language to the police and females
passing. They then took off their belts, and struck
everybody present ; the picket was sent for, but
were taken into custody before its arrival.
Other witnesses confirmed this testimony, and the
Lord Mayor having thanked one of them for his assist-
ance to the police, ordered Mr. Goodman to pay him 10s.
out of the poor box.
The prisoners were sentenced to a fine, of 51. each, or
one month. The wounded policeman was ordered 1/: as
recompense for his injuries.

The Lord Mayor requested the press would acknow-
ledge his receipt of 20/. from W. J. and H. T. for the
poor box.

BOW-STREET.—Catherine Sullivan was charged
with committing a fraud upon a number of pawn-
brokers.

It appeared that the prisoner, doubtless in confede-
racy with others, had succeeded in pledghig a number of
wedding-rings at various pawnbrokers, which turned out
to be composed of a heavy white metal, elctro-plated with
gold. The execution was so perfect as to escape the
usual tests, and their weight was nearly the same as
ordinary wedding-rings. She generally obtained about
Ss. upon them, their full worth being a shilling.
Mr. Clark,. ;he pawnbroker, of Long-acre, and Mr.
Collins, of Drury-lane, both produced rings of the above
descriptior, which the prisoner had pledged at their
shops ; and it was stated by the police that a number
of additional cases could be proved if the prisoner was
remanded for a week.

Mr. Hall consented to this application, and the pri-
soner was accordingly remanded for further examination.

MARYLEBONE.—DanieI Budd, proprietor and
driver of a cab, was charged with the following scandal-
ous misconduct, while in a state of drunkenness, to-
wards a lady named Hargrave, residing at 17, South-
bank, St. John's-wood.

Complainant deposed that on the previous night she
was at a party in Upper Berkeley-street, and at half-past
twelve a servant was sent for a cab to convey her home.
Defendant came to the house, in front of which he re-
mained till a quarter past one ; and complainant then
desired to be driven to her residence. The defendant
went in a wrong direction, and as he refused to listen to
her remonstrances, she begged him to let her out of the
cab. He then alighted from his box, and abused her in
the grossest language imaginable. He afterwards re-
sumed his seat, telling her that he should drive her to
the station-house, and there charge her with being
drunk. She was naturally much alarmed, and called
out loudly for the police.
Cookman, 155 D, hearing the complainant call out for
assistance, desired defendant to stop, but he refused to
do so, and whipped his horse. Witness pursued him,
and having ultimately stopped him, took him into cus-
tody.
The defendant, in answer to the charge, admitted that
he had partaken too freely of drink, for which he was
sorry. The lady abused him, and he then abused her.
Mr. Long remarked that it was the worst case of mis-
conduct on the part of a cabman which lead come under
his notice, and he should inflict a severe punishment.
He then sentenced the defendant to two months' hard
labour in the House of Correction.

The defendant's wife, who had an infant in her arms,
applied for a mitigation of the sentence, but Mr. Long
told her that he could not alter his decision, the case
being one of a most flagrant description.

SOUTHWARK.—Abraharrt Lilley, coal-dealer, of No.
14, Garden-row, London-road, was summoned by Samue
Hall, an officer of the Royal Society for the Prevention
of Cruelty to Animals, fur cruelly treating and torturing
a horse.

The officer stated that on Thursday morning, the Bth
inst., he was on duty in the Southwark Bridge-road,
when he saw the prisoner with a cart heavily laden with
coals, and dragged with. one horse. The animal was in
such a weak and deplorable state that it could not pro-
ceed any further, althbugh the defendant did all he could
to get it along. Witness went up to the horse, and on
removing the collar he discovered a large open wound,
which appeared of long standing. The cart had three or
four tons weight in it, and more than a strong, healthy
horse could have conveniently dragged along, but the de-
fendant's horse was not only poor, but the sores were of
such a description that it must have been greatly tor-
tured.
The defendant said he did not know the sore was so
bad. He promised not to use the ,horse again until it
was quite well.
Mr. Combe said it was a very bad case, and great
credit was due to the officer of the Royal Society for
bringing it before him. He should fine the defendant
20s. and costs. The defendant paid the money.
The driver of a cab, badge No. 1,161 was summoned
by Mr. Stephen Corbett, a gentleman residing at Hex-
ton, for having neglected to deliver to him a ticket.
The complainant stated that he arrived by the
Brighton Railway from Croydon on the evening of the
14th inst., with two friends, and jumped into defendant's
cab on the rank inside the terminus at London-bridge.
He then requested him to drive them to the Lyceum
Theatre, in the Strand, but defendant stopped nearly
two minutes. Witness called out to him to go on, when
one of the railway servants came to the cab door, and
asked %vitness where he wanted to -go to. He replied to
the Lyceum Theatre. The same man then demanded
2s. as the fare. He paid it to him, thinking, however,
that it wag very strange that the fare should be required
beforehand. • The railway officer said it was all right,
and then defendant drove him away. Just as the vehicle
got over Waterloo-bridge he stopped the cab and got
out, and the defendant neglected to give him a ticket.
What he had also to complain of was that the defendant
had overcharged him sixpence, as the distance was under
two miles, consequently the fare could only be ls. Gd.
On his applying for the summons he was told that he
could not proceed against the defendant for the over-
charge as he had not taken the fare, but he considered
the conduct of the railway authorities so extraordinary
in their mode of attending to the public cabs that he
brought the present charge before the magistrate.
An officer, who said he was in the employ of the rail-
way company to attend to the cabs at the Brighton
Railway terminus, London-bridge, here stepped forward
and said that all the cabs that were allowed to ply for
hire in the terminus were the property of the railway
company, and the defendant was one of their servants.
The regulations laid down by the company were to pay
the drivers a weekly salary, and all fares were paid to
witness or one of their officers so appointed. He
received the two shillings before the cab started, as the
distance was ' over two miles, and another sixpence
for the third passenger. He produced a book of fares
issued by the company, but such not being under the
authority of the Commissioners of Police, Mr. A'Beckett
said ho could put no reliance in it.

Mr. A'Becli ett told the officer that the railway com-
pany assumed more authority than they were entitled to.
If they became cab proprietors they must comply with
the law. It was a most singular and arbitrary proceed-
ing on the part of a railway company to control public
cabs by not only receiving and demanding fares before.
hand, but by putting the public to a great deal of incon-
venience. There could be no doubt that the complainant
had been overcharged, but where was his remedy for
that offence ? The Act of Parliament said the proprietor
or driver of a hackney carriage, but in this case it was
difficult to find that out, as the defendant did not take
the money, but it was received by a servant of the rail-
way company. He therefore expressed his regret that he
had no power to entertain the overcharge in that respect,
but as regarded the non-production of the ticket, he
should fine him 20e. and costs. There was no doubt a
clear case of overcharge, but the defendant got out of
that by his not receiving the money.
• The defendant contended that the fare was right, bnt
as for the ticket, he believed he gave one to the gentle:
man, as he always did that to fares, The railway com-
pany gave all the drivers positive orders not to neglect
that. He was not allowed to take money, although the
fare was correct as to distance, &c.

Mr. Alleckett—Do you mean to say that the money
is always taken before you start?
Defendant—Yes ; on all occasions by one of the
officers appointed, who also sees to the tickets being de-
livered.

Mr. A'Beckett—That system is very arbitrary and un-
justifiable on behalf of a railway company, There was
no hold on any one except the cabman for extortion, but
in this case a servant of the railway receives the money,
and so creeps out of it. He hoped this conduct would
go forth to the public. He should inflict the penalty of
20s. and costs on the defendant for not giving a ticket,
and he was sorry he could not entertain the overcharge'.
The cabman paid the penalty, and left the court.

ABD-EL-KADER.—Abd-el-Kader lives a very retired
life at Broussa, in the bosom of his family, and occupies
himself with the education of his children. His principal
enjoyment in the most part of the day and through a
part of the night is study and poetry, for which he has
a decided penchant. He carefully avoids any noise, and
Broussa pleases him so much as a place of residence that
he has decided on purchasing a farm in the neighbour-
hood, in order to give employment to himself and the
persons who compose his numerous suite. He is dis-
gusted with grandeur, and now prefers to live retired and
tranquil, and to enjoy on his new estate the pleasures of
a country life and study. The conduct of the Emir is
always in keeping with his noble character, and he allows
no opportunity to escape of loudly proclaiming the gene.
rosity and greatness of mind of the Emperor of the
French, and in his devotions he never fails to pray for
the preservation of the life of him who restored him to
liberty and repose. The Emir is expecting to receive
from Damascus two magnificent horses of the famous
Arab breed called Nedjdi, which are intended for the
Emperor Napoleon, to whom they have been already
offered, and accepted by his Majesty.—Journal de Con.
stantinople.

[ADVERTISEMENT.}--A LIEUTENANT OF DRAGOONS
CURED OF RHEUMATISM BY HOLLOWAY'S OINTMENT
AND PILLS.—This officer, who is in the Dutch army,
states that Holloway's Pills and Ointment have cured
him of rheumatism, which appeared to be incurable, as
neither sea-bathing, vapour-baths, nor preparations vaunted
as sure remedies, did him any good, and the treatment of
the doctor, after several months' trial, was without suc-
cess. At this juncture ho commenced taking these Pills
and rubbing the Ointment into the complaining parts
twice a day, which effectually cured him in the course of
six weeks. The truth of this statement can be vouched for
by Mr. J. B. Stratman, of Bois-le-Duc.—Sold by all drug-
gists; and at Professor ilolloway's establishment, 244,
Strand, London.

SHIPPING INTELLIGENCE.

CUSTOM HOUSE, DEC. 22.

ENTERED INWARDS.—The Thea, from Gravolines ;
Loon, do. ; Europa, Gothenburg ; Swift, Jabea ; Cameron
Packet, Stettin • Gode Hensight, do. Osirus, Memel ;
Mette Margaretha, ,- Sundswall ; Irene Marie, Nykioberg ;
Trouke Egberdena, Stralsund ; Ceres' Odense ; Glance,
Landscrona ; Claudia, Atessina ; Furst Sunworff, Riga ;
Neptunus, Dantzic ; Alexander, Christiania ; Defender,
Alexandria ; Heyworth, Cronstalt ; Indefatigable, Dant-
zic ; Favourite, do. ; Louisa, do. ; Surprise, Helsingborg ;
Westmoreland, Cronstadt ; Bullfinch, Gothenburg ; Hinds,
do. ; Rosina, Weile.

ENTERED OUTWARDS FOR LOADING, Dec.. 22. The
Phcenie Omme, for Dunkirk • Jenne Louise and Fanny,
Rouen ; Lotus, Barbadoes ; Julius, Landecrona ; John and
Margaret, Dunkirk; Holderness, ditto; Favourite, Seville;
Prima Donna, Cape Coast Castle ; Surge, Hong Kong;
Ann, Dunkirk; Fylia, Monte Video and Buenos Ayres
Thetis, New Zealand ; Pomona, Barbadoes and Antigua ;
Laura, Barbadoes ;. Villa de Napoli, Naples.
CLEARED 011KWARDS WITH CARGO, Dec. 22.—The War-
ner, for Antwerp-; Countess of Zetland, Cape of Good
Hope ; Sumatra, Port Philip ; Clotilde, Rouen ; Balna-
quith, New Zealand.

LIVERPOOL, DEC. 22.
The Stornoway, for Calcutta, while in the act of weigh-
ing anchor on Tuesday, was run into by the dock mud-
flats, which carried away her cutwater and other damage.
She was obliged to return into dock for repairs, arid will
bd ready for sea to-morrow.

The -Chatham, hence to Savannah, wrecked at Drog-
heda, has gone to pieces. _

The Niagara, emigrant ship, bound to New York (not
the Agnes, as reported yesterday), got ashore near Wex-
ford on the 19th inst. kart of the passengers left her on
the 20th. The cargo was expected to be saved. •
The Black Prince, of Caernarvon, from London to Dub-
lin, is on shore near Belfast, and is expected to become a
total wreck. The crew attempted to land in the lifeboat,
but is capsized, and the mate was drowned.
SANTANDER, Dec. 15.—The Julia (ship), from Liverpool
to Vigo, arrived at that port yesterday, and haling lost
her anchors and chains, was abandoned by the crew this
morning, but brought into harbour by the Powener (s).
STAVANGER, Dec. 9.—The Caroline, from Aarhuus to
Leith, has put into Tananger with cargo heeled; will dis-
charge.

Di:Timm', Dec. 21.—The Anne, of and from Aberystwith,
from Newport, is ashore about a quarter of a mile south
of Arklow Bar. The Success, of Port Madoc, is ashore at
Salem, six miles south of Arklow.

Suiiixs, Dec. 21.—The Mariam brig is aground on the
Dotwick Sand. The Ebenezer, of Blyth, is lying very
badly athwart the river. _

Dec.
HARTLEPOOL, D2o.—The Dolphin, from London,
went ashore between this place and the West Harbour yes-
terday. The Johan, before reported on shore here, was
:the Johan, from London.

ANTWERP, Dec. 21. The Europa, bound. to England,
which put back to Callao, Oct. 2, leaky, has been con-
demned at that place.

HJORRING, Dec. 14.—The Joaquim, of Swansea, was
wrecked near Talstrup last night ; crew and part of cargo
saved.

BERGEN, Dec. 12.—The Caroline, from Copenhagen to
Leith, put in 6th inst., with damage, and must discharge
to repair. The Aries of Wick, was abandoned in a sink-
ing state, 4th inst., 80 miles N. of this port ; crew landed
here.

PARIS, Dec. 22,—The John Cockrell, from Havre to
Martinique, which put back to discharge and examine,
will be laid on a careen to repair. A vess3l bottom was
passed on Dec. 11th, in lat. 48 N. lat. 10 W.
The Sacree Famille, from Odessa to Marseilles, with
wheat, having had rudder broken has been wrecked on the
beach of Peschiers, near the Isles d'Heveres, and it is
feared will break up ; crew saved.
The Laura, from Santander to Bordeaux, has been lost
on the coast of Mimizam, near La Teste.

A vessel is sunk in the sand at Rhone Vif, the masts
alone appearing above water, supposed to be the Mazagan,
of Toulon. A hen coop, a white dog, dead, a long boat,
broken, painted bright green, four water-casks, a case with
straw, appears to have contained bottles, marked on one of
the heads " Heimt Roop Teage et Comp," and " H" with
an " 0" on the middle bar, and a bag, with a Tuscan and
other signal flags, have been found near Rhone Vif, and
are supposed to have come from the sunken vessel.

P061,E, Dec, 20.—The Lo, from London, struck upon
the Hook Sand, was assisted off, making water, greater
part of her cargo discharged without damage, and not with
damage, as reported yesterday.
Los STEMOUTH, Dec. 20.—The Pink Speymouth, from
Sunderland to this port, in entering the harbour to-day,
was driven on the rocks leeward, and will become a total
wreck.

The Arab (schooner), from SL Michael's, and an Ameri-
can ship were in contact yesterday off Beachy Head, when
the former was totally dismasted and received other severe
damage ; die crew abandoned her, but subsequently re-
turned on board.

The Augusta (barque), Helsingborg to London, was
was abandoned off Flamborough Head in a sinking state
on Dec. 16th ; crew taken off by the Mette Margarethe,
arrived in the river.

The Spanish ship Dolores, supposed from Santander to
London, is on shore at Drogheda ; crew saved.
A vessel was seen off Ballycotton Point, south of Ireland,
Dec. 20,. with masts gone.

The Elizabeth, of Newport, has been towed into Queens
town, dismasted and abandoned.

The schooner. Bohemian Girl, from Smyrna to this port,
is on shore at Carlingford Bar, fall of water.
The Ann, of Liverpool, was wrecked at Pembray on the
20th.

The flat Pilot, of and for this port, from Llandillos, sank
on the 17th in Llandillo Bay—crew saved.
The Adolpfa, from Seville for this port, is on shore near
Newcastle, near Drmdrum, a total wreck.