Lord Morton of Henryton.-

This appeal and cross-appeal arise out of an action, brought by Dr. Cyril Cuthbert Gittens (hereafter called the respondent) as plaintiff against the appellants, which succeeds, in part and failed in part.

[2] The appellants were at all material times the stewards of the Trinidad Turf Club. That club is the recognised turf authority in the Colony of Trinidad and Tobago, and exercises its powers and jurisdiction by the stewards of the club. The respondent is a dental surgeon and an owner and trainer of racehorses. At all material times the respondent held a trainer's licence which expressly provided as follows :

"This licence is issued subject to the rules, regulations and resolutions of the Trinidad Turf Club for the time being and may be withdrawn or suspended by the stewards of that club in their absolute discretion, and such withdrawal or suspension may be published in any local newspaper or newspapers, for any reason which may seem proper to such Stewards, and they should not be bound to state their reasons.'

[3] The respondent entered a horse called "Tommy Boy," owned and trained by himself, in certain races at a meeting held by the Tobago Race Club, under the authority of the Trinidad Turf Club, in the spring of 1944. All entries for the said races were made "subject to the rules and regulations of the Trinidad Turf Club." "Tommy Boy" won the first and fifth races on the second day of the meeting, namely, 4th March.

[4] In accordance with a practice recently instituted by the stewards of the Trinidad Turf Club, swabs of the saliva of each winner were taken on the course. After examination, the Government analyst reported on 10th April 1944 to the Trinidad Turf Club that the swabs taken from "Tommy Boy" contained evidence of the presence of heroin. On 25th, 27th and 29th April 1944, the appellants, acting as stewards of the Trinidad Turf Club, held an inquiry into this matter. The respondent attended the inquiry and was represented by solicitor and counsel. At the hearing the respondent was given a full opportunity to cross-examine, to lead evidence and to put forward his contentions by his counsel. At the beginning of the hearing the respondent by his counsel objected to the presence of the appellants de Nobriga and Liddelow on the ground that they were biased against him. This objection was overruled and all the appellants accordingly sat in the inquiry. At the conclusion of the hearing the appellants issued findings and an Order in the following terms:

"Turf Club Office, 29th April 1944.

The Stewards of the Trinidad Turf Club, having investigated the circumstances relating to 'Tommy Boy' find as follows:

(i) A drug was administered to 'Tommy Boy' on the second day of the Tobago Races (4th March 1944), which was calculated to affect its speed.

(ii) The Stewards hold the trainer, Doctor Cyril Gittens, responsible for the safeguarding of the horse. They Order:

(a) That 'Tommy Boy' be disqualified as from this date from all future racing under the Rules of the Trinidad Turf Club;

(b) That the licence of Dr. Cyril Gittens, as trainer be withdrawn :

(c) That Dr. Cyril Gittens be warned off pursuant to the powers vested in the Stewards of the Trinidad Turf Club.

L. A. P. O'Reilly, Steward.

C. A. Child.

C. Lloyd Trestrail.George de Nobriga.S. Liddelow."

[5] The writ in this action was issued on 5th May 1944. By his Statement of Claim delivered on 16th October 1944, the respondent claimed :

"(A) A declaration that the defendants acting or purporting to act as stewards of the Trinidad Turf Club had no jurisdiction to entertain the said inquiry or to make any of the said decision or orders thereon or alternatively that they exceeded their jurisdiction by making any decision or order against the plaintiff and or his racehorse 'Tommy Boy' and/or that the defendants de Nobriga and Liddelow (either or both of them) were disqualified from participating in the said inquiry or in any of the decision or orders thereon and/or tha