Judgement

THIS was an action brought in the Supreme Court at Calcutta, by the Respondents against the Appellant, under the following circumstances —

The Appellant was the Superintendent of marine at Calcutta, an official Government situation under the East India Company, and in that capacity had the control of the whole of the Marine department under Government, including the superintendence and control of the Bengal pilots employed by the Government, who were the only pilots who are engaged in piloting vessels on the river Hooghly. There was no legal obligation to employ a pilot, but from the dangerous nature of the river no ship could be safely navigated up or down unless m charge of a pilot. Tugs were required for bringing vessels up the river. The Respondents were the owners, or part owners, of a steam tug called The " Underwriter," which was employed in towing vessels on that river. It appeared that there were two rates of payment for the steam-tugs employed, the first called the Government certificate, according to a tariff, for the time employed, and the second by special contract.

On the 20th of September, 1857, whilst the Indian mutiny was raging in full force, and every e