The Sun.
London, England, 1863-09-22 00:00:00

IMPORTANT TO EMIGRANTS.

Mr. James Chambers, shipowner, of 27, Leadenha'

street, was summoned before Alderman Sir Robert Carden,
sitting at the Mansion-house for the Lord Mayor, at the
instance of Mr. George William Nalder, residing until re-
cently at Bristol, for an, alleged breach of the Passengers
Act of 1855.
Mr. Westall, solicitor, of Gray's-inn-square, conducted
the prosecution ; and Mr. Sleigh was counsel for the defence.
Mr. Nalder, the co=plainant, was called. lie said I am a
solicitor. I have resided at Long Ashton, near Bristol, for
1.5 years. In August last I resolved on proceeding to New
Zealand with my wife and family, consisting of a son of 21,
two daughters, of 19 and 17 respectively, another of 12, and
two boys of 15 and 9 years. With that view I put myself in
communication with Messrs. Wilson and Bilbrough—and
on the 27th of August I took three Bailout cabins in the
Chariot of Fame, a vessel of about 640 tons register, and
one of the White Star line of passenger ships belonging to
the defendant's firm. The contract price for the passage was
£357 10s., and I paid £l7B 155., the half of it by way of de-
posit. The ship was to sail from London for Otago, New
Zealand, on the 15th of Sept, In pursuance of that agree-
ment I sold my business and my property, by which I was
put to an expense of £5OO. About the beginning of Sept.
in consequence of a communication from a friend I tele-
graphed to the owners to ask if it was true that they were
going to take troops out in the ship. I received an answer
to the effect that they were about to take Government stores
out in her. On the sth of September I received a letter
from them, stating that the Chariot of Fame had been
taken up for troops, and that they proposed to send me and
my family out in a ship named the Ulcoats. On the 15th
I went on board the Chariot of Fame. She then seemed to
be undergoing repairs, and the three cabins which had
been assigned to me were being pulled to pieces. We are
now living in lodgings at an hotel. I had sold, in order to
go out, one of the prettiest houses in Bristol, and am now
entirely on my beam ends.
Cross-examined by Mr. Sleigh--I wrote to the effect that

if troops were to be taken out in the vessel I should not go
mith her. I received an answer that they were willing to
take us out in the Ulcoats, where they said we should have
no worse accommodation than in the Chariot of Fame. I
objected to go with troops, having a wife and three daughters.
By Sir R. Carden—When I took cabin berths the vessel
was advertised as a passenger ship, and nothing was said
about taking out troops.

AL. Westall, the complainant's attorney, said he was not
there to say that the taking troops was any breach of con-
tract ; but what he contended was that the taking troops
put it out of the defendant's power to allow her to sail at
the time specified, and that she was entirely taken up with
troops.

Witness said the cabins he had taken were not ready for
him on his visit to the ship on the 15th. His furniture was
all packed to go, and he had the rest of his passage money
in his pocket to pay down. He admitted he did not tender

Mr. Arthur Bilbrough, the defendant's partner, deposed,
in reply to Mr. Westall, that the Chariot of Fame was ad-
vertised to sail on the 15th September. Witness tendered
the ship to the Government for the conveyance of troops
on the 2d September. She had been previously tendered
, for stores, and when witness wrote on the 2d -September to
the complainant to say that the ship had been ordered to be
surveyed by the Admiralty, 'with the view to her taking
out stores, she had not then been taken up for troops. She
was not taken up for troops until several days afterwards.
Witness tendered her for about 400 troops, or it might be a
few more. He would not undertake to say she was not ten-
dered for 600, or for between 500 and 600. After the first
tender he tendered for 100 more; but Mr. Nalder's cabins
were reserved notwithstanding. The ship would carry
between eight hundred and nine hundred troops, not in-
cluding the crew, and quite as many passengers. They
contracted with the Government to carry the men at £0
a head and the officers at about £l9, the Government
finding them in certain things ; but they did not give up the
whole of the vessel to them. The ship was to call at Cork,
and the date of sailing depended upon the Government. At
Cork they were to take up between 200 to 300 more troops.
The Government had to fit the vessel up for the reception
of troops, and she could not sail until the 23d. All the
cabins were now taken up, and Mr. Nalder could not now
go fa her. Up to the 15th (witness added in cross• exami••
nation) the cabins was reserved for him, and up to that time
there was an abundance of convenience for him and his
family. It was only on his declining to go in the Chariot
of Fame that a passage was offered him in the Ulcoats,
Witness admitted the ship was not in a condition to receive
passengers on the 15th.

- Sir R. Carden, admitting the importance of the case to
emigrants, said it appeared that the three cabins assignedto
Mr. Nalder were really at his service up to the time the
ivnegsswelapsrsoifmespsleyd
ntneesanif l.The question of the ship not sail
expense to the complainant conse-
quent on the delay, for which ho had a remedy. There
could be little doubt that when Mr. Nalder visited the ship
on the 15th, if he had tendered the balance, and said he was
ready to take possession of the cabins, notwithstanding the
troops were going out, he could have had them. Re did
not do that, and was offered a passage in the Uloosits. He
(Sir Robert) was sure the defendant would not, under the
circumstances, retain the passage-money. This proceeding
he thought had become necessary from some little want of
tact on the part of the complainant. Under the circum-
stances, he did not think there had been such a breach of
contract as would warrant him in adjudicating in the matter,
but he did not regret that, for he was sure substantial jus-
tice would be done to the complainant by the defendant
either returning the deposit on the passage-money, or find-
ing him accommodation in one of the White Star line of
ships suitable for him and his family.