The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-27
The Atlantic Cable In Court.
ONE OF THE SHAREHOLDERS IN TRoUBLE-CURous
SCENE IN GUILDHALL.
Tho ..oro o..urrad in tho Cuildhal

Ihe ionoWlDg strange scene occurred IN be n"huHi
Ponce Court, London
Lieutenant Francis Higgepson, of the royal navy, at
tended before Alderman Salomons, applied for sum
mons under the Joint Stock Company Act against the
Atlantic Telegraph Company OF ~ old Broad street. Tor
not having made return 70 the Registrar joint stock
companies containing list of the shareholders.
Alderman SAoSoSs-What are you sirs--are you an
officer OF the company
Lieutenant HGGlSsos-No sir; am an officer in the
royal navy have been defrauded by this company
Alderman SALoAoSs-Before you 90 any further must
inform you that am partner in this company. have
sunk 81 900 in the sea; sunk 81 900 when was Lord
Mayor 10 promote this vast undertaking and am, there
fore an interested party and cannot listen to your ap
picaton
Alderman SAIonoNs-You must not make such ap-
plcaton against public company without due reflection,
as it is calculated to be highly injurious 20 them You
must apply to the proper authorities. Why not apply to
the Registrar
Lieutenant HIcGESsoS-I have done so already, and
now come here for summons under an act OF Parliament
Alderman SAIoMoSs-A company like this composed a
is OF the greatest capitalists in the world having among
them Barring Rothschid Morrison and others, supporting
vast undertaking for connecting England with America
and the whole world deserving Of the greatest courc
sy and do not think YOU should make such statement
without giving them notice, so that they may come here
and answer IL.
Lieutenant HIeo gNsoS-I have behaved with the utmost
courtesy 10 them
Alderman Snososs-Haye you written to them'
Lieutenant HoGENsoS-Yes, sir. Volumes upon volumes
of letters | am the author Of this work, (hoding up
copy OF The Ocean: It's lniathomabe Depths and Natu
raj Phenomena y which The Atlantic Telegraph Company
Alderman SaIosoSs-As naval man, you ought to be
better acquainted with snbordnaon and as your
superior officer in the position occupy here must again
tell you thht cannot listen 10 your application.
Lieutenant IIiGcESsoN-I have been sw,Ddled, and
Alderman SAioMo>s- you persist shall order you be
removed II you wish 10 make such application You
ought to give them notice IN order that they may meet
you.
Lieutenant HlccsssoS-I have given them notice, and
get redress.
Alderman sAIososs-very well; then give them notice
again that you are coming here, and viii hear your ap-
Lieutenant HicuEssos-Then will make it to morrow,
Tor stand here on my rights an Engishman and will
not be brow beaten out OF them.
alderman SaIoMoys-Lcave the Court sir; | will not
have the Bench treated with dsrespect.
Lieutenant HiccENsoN-I am not disrespectfal TO the
Bencl'-tbe Bench Is dsrespeciful u itself.
Alderman sAIosoSs-lf you will not 60 out, sir, VIII
bavc you taken ont
Lieutenant HhsssSsoS-I am going, sir.
Alderman SALososs-oicer, lead that person out OF the
Court.
Lieutenant H,oSKssos-I came here for justice and
viii have II.
Alderman snosoNs-Lead him ont officer
Lieutenant H,cGEs-oN-I am going.
Alderman SsiosoNs-Jead him out, OF 'er-ead HIM
Lieutenant Higycnson then withdrew escorted TO the
door b, the oiuccr Of the Court.
tRDAy, October I5.-i;rIpHAfI.-Lieut Hggcnson, OF
the Royal Navy attended yesterday by arrangement be-
fore Alderman Saomons and Alderman Rose to apply for
a summons against III. Atlantic Telegraph Company under
the JOINT stock Companies Act for negiecng TO furnish
the Registrar list OF shareholders required by the act
within fourteen days after the general annual meeting
Mr Newman, Of The firm Of Messrs FreshGed and New.
cd 10 meet the charge behalf Of the company.
Alderman Salonons ION seeing Lieutenant Blggen-
SOM )oh you are here, sir You were here yesterday
10 make accusation against the Atlantic Telegraph
Company. do not wish to set myself M a model Of
perfection but do wish 10 conduct myself in position
hcre with patience ana good temper all OCCASIONS and
Il quite 50 iorbcarng you yesterday might
have been, regret IT,
Lieutenant Hggenson-Pray do not mention il; let
pass your present Observations are quite sufficient Say
more about IL.
Alderman saomons-I adopted tho practice towards
iu
ngs OF this nature think my duty when any state
nent q THIS spd = 70 he made 70 afford the accused an
opportunity OF hearing ihc charge against him The
solicitor o. he company rs now here, and you msy make
your application.
against the company for not registering list Of
their shareholders and 20 recover penalties for not doing
90 and have here the Information which now tender IN
Alderman salomops-whs, Is This inlcrma,ions
NJ. Martin Chief clerk)-It Is the form required by
JeryiSE Act.
The information, which read, So, forth that
Lieutenant Hrsenson had examined the documents lodged
1T the Joint Sosk Companies Registration Oce Serjeants
Inn, and had discovered that the Atlantic Telegraph Com
pany had lodged list Of their Shareholders rcqur
cd BY the ac by which they had subjected themselves 10
heavy penalties.
Alderman salomons-rhcn that is a formal application
for under III. JOINT Stock Companies Can
any one apply whether nc - a shareholder or nntg
Mr. Mag,in-Yes thnk The Act Of Parliament,
hy the l1 section requires that Once AZ least in every
year Inst shah be made OF all persons who on the lstn
day succeeding The day which the ordinary general
meeting Of the company or u there Is more than one
general meeting held, holders Of shares in the
any and such s, shall state the names, addresses and
occupations of all tho persons therein mentioned and the
number of shares held by each Of them - and by tho
18th section, ioni stock company making defauh In
furnishing lis, c shareholders incurs penalty Of Is
day for every day such default continues understand
that tho general meeting has been held.
Lieutenant, Higgcnson her. handed in documco, 10
Mr.. Nartn--rhsi will do Ry the 23d section any one
of the public may apply 10 the Office ~ the company
examine the register ~ shareholders on payment of Is
M LA ahn It's
Alderman salomons-In what way, then, have iuris-
dictlonf
Nj Martn-The any sixth section enacts that tho ~.
nlies may DC recovered before magistrate. There
nothing IN Jcrys act requiring such proceedings 70 be
taken BY stakeholder. and according 10 this statute
every person has an interest IN the company on paying
one shilling.
Alderman saiomons-Theu. according 10 the fact now
stated yon lcutcnant HEgenson) have right to be here
and state The grounds upon which you make your sppca
Mr.. Nar,n-Thcrc IS only one diriculiy which may
this and the objection be taken here
hereafter Under the eleventh section Of Jcrvs act tho
information must lie laid within SIX months after The c,use
of complaint and understand that thc meeting in this
matter took place more than six months ago.
= Alderman salcmcus--i viii now bear You lieutenant
Hlgcnson), will conhne yourself 20 the matter of
the summons or wish h. give you every opportunity Of
o0Iiiuing redress.
70 complain that 1, who have been loser of many
hundreds ry this company. find them here sitting the
bench w judgment against me.
Alderman s,cmons--Biore You 70 any further lct me
inform ycn that these Gentlemen the solicitors 10 the
Coany aud although on the bench they are only there
~ right q Their respectable position and a. solicitors Of
this court.
Lieutenant Hirscnaon-Ny position as good as theirs,
anu want 10 maintain a.
Alderman Saicrnons--whrre do you wish Il he will
you come and 80 on the bcnchg
Lieutenant HigFcnson-No, positively decline to
20 there only want 10 msinain my pos ticn an Eng
ishman
Mr. Newman sad-I shall b. ablc 10 how IT, that the
Atlantic Telegraph Company dos not under the
JOINT ste,k Companies act. and therefore docs
within the provisions of tha at the naG1ratcs
have nc bower 20 grant summons ~ speola act of
July. 1851 a ls provided nv section a. That the A
lanlc Telegraph tompsny (mtc) constituted under
the Joint Sock Companies act 1855. shall. from the
time ~ passing TINS exist !" and that there
tore, takes II oul OF Jcrvs act
Lieutenant Hrgcnsonh IS quite true that the company
incorporacd under special ST. bpt yoU under the
JOINT stock Companies act, notwths tandinc.
Alderman Saiomans-Have Won seen tho Reg suar on
the suhicctY