The Sun.
London, England, 1841-10-05 00:00:00

the City, stated that, on the :,,7th of September, he saw
the 'Hope lying outside the Phenix Coal Wharf at
Whitefriar's, and coal-backers discharging coals from
her into craft, the defendant acting as master. •
Mr.. W. M. Russell, Collector of Dues in the Coal
Market, deposed that no rates or dues were paid on or
before the 27th of September. for the Hope. The
dues were paid on the 30th of September.
The Loan Ma.rom---The defendant asserts very posi-
tively that he was not aware that he had done wrong.
Let me hear his evidence to that effect.
The defendant then called . - -
Richard Johns, clerk to Mr. Bales, coal merchant,
Of the Phernix Coal Wharf: who ststecl that the derelict-
ant certainly was not to blame in The
:ielenduat had outlaw! to loot (tl.e %vitooss) toe eon", -
cates in proper time, on .the 23d of September ; and
the dues ought,. according, to the charter, to have been
paid by Mr. Eales. By some mistake, howevQr. they
had not been paid within the. period required by law.
The LORD -MAyort said it was hard upon the master
of a vessel that a penalty should be intlicted.upon him for
the offence of another.

M. Martin -stated, that, accordir.p; to,'the Coal Act,
proceedings must be instituted against the n a :ter or the
owner, and Abe, owner :was generally in the country,
and not easily to be found.
The LORD MAYOR—It is impossible to allow a viola-
tion of so important an Act to be passed by with impunity.
The coal merchant must bear this man harmless.

Richad Johns submitted that Mr. Eales was but young
in business, and considered that it would be quite suffi-
cient if the dues were paid before the discharge of the
cargo was completed.
The LORD MAYOR desired to hear the next case before
he should determine upon the amount of the penalty.
Mr. Martin then charged Joseph Shame, master of
the Joseph and Mary Ann, of having broken bulk on a
cargo of coal before the rates and dues payable by law
to the Corporation were paid.'
Mr. Rose, the Inspector of the coal dues, deposed that
he saw coal porters discharging coal from the vessel at
the Phcenix wharf, belonging to Mr. Eales, the coal
merchant. The master was not on board, and witness
allowed the whole cargo consisting of 40 tons, as he un-
derstood,:to he delivered, after which he challenged the
master with the violation of the Act.

Mr. Russell, the collector of the Corporation, then
deposed that on the 30th September the defendant asked
him whether the dues had been paid, speaking of him-
self as the master, and stating that the cargo had been
discharged. Subsequently on that day the dues were
paid; the defendant at the same time declared that he
had given the certificates to the coal-merchant's clerk,
who confessed in witness's presence that he had lost the
papers.
The defendant indignantly declared that he had duly
authorised the payment of the dues, and handed over
the necessary papers, and he had taken it for granted
that all was right, having been assured that Mr. Eales
had done all that was necessary.

Richard Johns, the clerk of Mr. Bales, acknowledged
the correctness of the statements made by the de-
fendant, and stated that as he had committed the mis-
takes Mr. Bales could hold him responsible for the pay-
ment of the penalties, whatever they might be.
The LORD MAYOR—We must take care to fine people
who commit such errors as a lesson to others. I fine each
of the defendants 51. and costs.

Mr. Martin said that he should be' satisfied with no-
minal costs. He observed that ignorance was the common
plea offered by defendants on occasions of this kind.
The LORD MAYOR—I hope they won't think after the
infliction of the penalties here, that ignorance will any •
longer answer as an excuse. They all know very well
that the dues ought to be paid before bulk is broken, and
certainly it is Mr. Bales's duty to pay these men,
In the course of the clay the masters paid in 5/. 10s. as
the penalty and nominal costs, and were discharged.
Theystated that Mr. Bales had sent the money, and tey
hoped that he would pay them for the loss of time they
had sustained, in consequence of the prosecution arising
out of his neglect.
A seafaring man, named Gibs, was brought before the
Lord Mayor, charged with having thrown a cracker into
the yard of the India Arms Inn, in Lime-street.
George Wharton, manager of the yard, stated that
the greatest danger was to be apprehended from the con-
tact of fireworks with straw and other Combustible matter
on the premises. He had, however, learned-that the de-
fendant and his connections were highly respectable, and
as he believed the act originated in mere thoughtless-
ness, there was no wish to press for the infliction of the
penalty.
The LORD MAYOR said that the safety of the public
was an object, independently of the 'offenee committed
against the proprietors of the premises.
Inspector Brake said that the risk incurred by such an
act was greater than generally imagined, for forty barrels
of gunpowder had been lately taken into the yard.
The Lolly MAYOR—What has the defendant to say ?
The Defendant—l really did not know the rules of the
City, and I first lighted the cracker with my cigar and
dropped it at my feet in the street, and it flew into the
yard. It was without thought, I assure your Lordship.
The LORD MAYOR—I can't believe that it was inten-
tional, and, therefore, I shall fine you only 10s. ; but you
might have done irreparable mischief.—The fine was
paid.