The Sun.
London, England, 1854-11-04 00:00:00

STEEL V. SCHOMIERG.

Mr. Cowling applied to the court for a rule to show
cause why a new trial should not be had in this case, on
the ground of misdirection. The plaintiff was a ship-
owner, and the defendant the emigration officer at Liver-
pool ; and the action was brought to recover damages,
because the defendant had refused to certify a ship under
the last Passenger Act, the 15th and 16th Vic., chap.
44. It would appear that the plaintiff was the owner
of an Australian emigration ship, called the Millines,
and the defendant refused to pass her for her last voyage,
because she was too deep in the water, her draught be-
ing 16 feet 6 incites, whereas on her former voyage she
had come safe home, while drawing 18 feet 6 inches.
All the provisions of the Passenger Act had been com-
plied with, but under the 16th section the defendant
&aimed to be the sole judge of whether the vessel was
ntnh
de i
do t
nh
oe
tr hr
easnt dw,
itthhehii !la
ai nt t
ai f con-
butll,
hom he was to appoint under the
gatwt
crin
grant
n deep
et
ted.
the
dhpte
ehi
Surveyors,
truthrtuevb oyeety.wqo
certificate.t ler
rse satisfied h.e had no alternative but to
o,
The defendant had pleaded not
guilty, by, statute, and at the trial, under the direction of
the judge, the jury found a verdict in his favour..

Lord Campbell—Do you mean to say, Mr. Cowling,
that there may be an appeal in every case against the
bona fide judgment of the emigration officers ?
Mr. Cowling—Not in every case; but hero we say
he has exceeded hi-; jurisdiction, because he has nothing
to do with the requirements of the 16th section of the
act, which relates to the seaworthiness of the ship, and
vests the authority in the surveyors, who had passed the
ship in this instance.

Lord CampbellLWas any reason assigned why the
vessel was too deep ?
Mr. Cowling—No, my
lord, except that a vessel called
the A.Z., drawing 16 feet, had just come horns with her
house on deck washed away.
Lord Campbell observed that the point was of too
much importance to the
public to be hastily disposed
of. Ilinigration officers must be protected in the bona
fide discharge of the r duties ; but it might happen
that he had no authority under the 16th section of the
act. However, the court would take time to consider
the matter, and give its decision on a future day.

EXCHEQU-ER.
RIPICHIA7SON T. SIDNEY.
Mr. Serjeant Shee applied to the court for a rule to
show cause why a new trial should not be had in this
case, on the ground that the judge ought to have di-
rected the jury that there was evidence of a set-off. suffi-
cient to answer the plaintiff's claim. The plaintiff was
an engineer, and the defendant Sir Robert Sidney, of
Bourn bridge-lodge, Berks and the former sought to re-
cover from the latter 25/ but the defendant pleaded a
set-off under these circumstances. It appeared that the
plaintiff was the originator of the'f3urrey Consumers' Gas
and Coke Association, and be induced the defendant to
become a director of that society upon a promise ofin-
demnity to hold him harmless from all expense and
liabilities which he might incur in respect of the office.
For the purpose of qualifying himself as a director the
defendant took up twenty-five shares in the association,
but still upon the understanding that they were to be the
property of the plaintiff who
was to make good the calls.
Eventually the plaintiff brought the present action, and
the defendant pleaded a set-off, alleging that the expenses
he had been put to as a director of thee gas company more
than covered the claim, but at the trial the set-off was
not allowed by the judge, and the jury found for the
plaintiff. Renee the application for a new trial.
The Lord Chief Baron said the court would take time
to consider the motion, but would take that opportunity
of intimating that if they granted a rule something might
be said about the practice of accepting directorships in
public companies under guarantees of indemnity. In
his opinion it was exceedingly incorrect, and he was
disposed to believe it to be illegal.

SELO REDITCLI COUNTY COURT.
(Before Mr. Serjeant Storks.)
AN IMPORTANT DECISION UNDIsR THE DRAMATIC A'CITICORS

AM-VINCENT V. DOUGLASS.
This was an action brought to recover penalties under
the Dramatic Authors' Act. The plaintiff is Miss Eliza
Vincent, lessee of the Victoria Theatre, and the defend-
ant Mr. John Douglass, of the Royal National Standard
Theatre, Shoreditch, and the present action was brought to
recover the penalty of 40s. a night from defendant for
having, without receiving proper authority, performed for
a certain number of tights a drama by the late Thomas
Egerton Willis, called Kate Wynsley, the Cottage Girl.
The entire right of the drama in question had been sold
to the late Mr. Osbaldeston, and had by him, with others,
been demised to the plaintiff. The author had also again
sold it to the defendant.

To prove the right being entirely invested in the late
Mr. Osbaldestos, Mrs. Robert Runner, the actress, was
subpceaned to prove that the late Mr. R. Elonner, when
lessee of the City of London Theatre, had paid Mr. Os-
baldeston for the right of having it played at that house.
After hearing a long discussion,
The learned Sergeant decided that the cause was one
for the Superior Courts. The Court had power only to
try actions for the recovery of small debts, and not
where penalties were sued for.
The plaintiff was thereupon nonsuited.

BERLIN ART-EXHIBITION : LATEST WORK OP Kiss.—
The present Berlin exhibition is considered unsatisfac-
tory, although all the spaces are crowded. The insigni-
ficant and even bad are so numerous, that the good al-
most loses itself at their side. Amongst the hundreds of
oil paintings, not one historical piece of any worth is to
be descried. The largest plastic work has been exhibited
by Professor Kiss, in his atelier—St. George vanquish-
ing the Dragon, or the Victory of Faith over Infidelity,
which, however, is another arnaznn transposed into the
masculine gender. In such culossal proportions, the
saint vanishes too much before the animality of the
horse and dragon. There will be a plaster copy of this
next year at the Universal French Exhibition, and the
casting in bronze, we are told, will take place in Lon-
don. It will be an expensive work.--The Builder.