The Sun.
London, England, 1858-03-08 00:00:00

MANSION HOUSE.

Messrs. Elliot and Fickling, ship-brokers, were sum-
moned under the klet section of the Passenger Act, to
show cause why they shonld not return the sum of 1201.
to an emigrant named Pierce, paid for passage-money
to Australia for himself, wife, and child, and also suste-
nance money since their arrival in this country.
Mr. J. P. Doyle (barrister) appeared for the com-
plainants • the defendants were unrepresented by any
legal gentleman. _ _

It appeared from the learned gentleman's statement
that in August last the complainant took a passage for
himself, wife, and family by the Windsor for Australia,
for which he paid the defendants as agents the sum of 1201.
The ship left the port of London about the let or 2d Nov.
and proceeded proupereusly on her voyage till off the
Cape de Verde Islands, where in broad day she went
ashore. The pasnengere with difficulty escaped with
their lives, losing every particle of their luggage and
money. The British Consul sent the passengers back
to Southampton, from whence they came to London in
January last, and applied to the defendants for another
ship, which was refused ; they then demanded the return
of the passage money and sustenance money, both of
which bad been refused, and they had summoned these
defendants in comsequence, under the 51 sec. of the
above act. The passengers were now destitute.
Mr. Goodman (Chief Clerk) asked the defendants if
they would state their defence to the summons.
Mr. Fickling said the vessel was surveyed by the
emigration agent, who certified she was not an emigra-
tion ship under the provision of the Ace.
Mr. Goodman then read to them the whole of the
section relative to what constituted, and what did not ,
constitute, an emigration ship, and asked them to con
aider whether, they .bad in any way infringed the clause.
The Lord Mayor said it was an important question,
and suggested the adjournment of the case to give them
an opportunity of consulting a legal gentleman. From
what he had heard he felt satisfied that if they con-
suited a legal gentleman, they would settle the case.
Mr. Doyle said the passengers were in a state of des.
titution. *They had been in England since January last,
and could not get a settlement, One of the defendants

t(ild the complainant wile:. be callod tuem that ;t L 7;
was ~eFt ante he had better go to the workhouse.
Mr. Fic,,ling denied that any such remark was mad•
by either of them.

The Lord Mayor—How many passengers are thePe ?
Complainant,--Twenty-nine, and we are all without a
penny to help ourselves
The Lord Mayor said it was a very di,tressing case,
and it wav pcce-sary it should be decided for the sake of
the passengers. If the defendants would pay the costs
of the day he would adjourn the case to allow him to
have advice on the point.

Another passenger also complained that the defen-
dants refused to do anything for him. The defendants
had offered him 121. out of the.suna he had paid for the
passage of himself and child.

- Mr: Fickling—And you consented to accept it
Passenger—l did uot.
Mr. Fickling said they were on:y agents for the ship.
They were not the owners of the ship.
The Lord Mayor—Bat still you ars liable. You must
proceed against the owners.
The complainant said he was returning to Australia,
where ha had been living in a situation for 20 years.
The defendants having paid the expensea of the day,
the case was adjourned till to-morrow.
The parties then left the court.