LAW REPORTS.

Dominion, Volume 6, Issue 1700, 17 March 1913, Page 6

LAW REPORTS.

CASE FOR ADMIRALTY COURT TRAWLER ENERGY. \ MASTER'S CLAIM FOR WAGES. SHIP TO BE SOLD. (Before Ilis Honour Mr. Justice Chapman) A claim against the steam trawler Energy was heard at a sitting of the Admiralty Court on Saturday morning. Mr. Justice Chapman presided. The trawler, it appears, has been laid up in the stream since January 3 last and has been under arrest since February G, in consequenco of a claim by the master, Stephen Thorns, for wages and commission alleged to be due. When this came on for hearing on Saturday, Mr. J. J. M'Grath appeared for the plaintiff (Captain Thorns), Mr. E. K. Ivirkcaldie for the owners of the Energy, and Mr. 11. E. Evans for Captain Eckford, the mortgagee. Plaintiff's claiui- totalled .£75 3s. lid. and was made up as follows:—Wages from October 31 to December 5, .£ls; commission on catch from May 14 until December 5, JC46 13s. 7d.; ■ wages from December 11 to January 20, ,£2l. Less credits totalling £7 9s. Bd. A counterclaim was lodged by the owners, who alleged that from December 1 Thorns had been working on a partnership basis and that he had employed an eugineer and deck hand without authority of the owners and was liable for tho wages of the engineer'and deck hand. When the case was called his Honour asked if there Was any suggested answer to the claim for wages. •

Mr. Kirkcaldie. replied that his clients admitted; portion of the'claim, but denied another portion of: it . and had a counterclaim. Defendants, denied that any wages were due beyond December 1. His Honour asked, why the amount of undisputed wages had not been paid into Court. .... Mr. Kirkcaldie replied that it was owing to the difficulty in finding the money. They had offered to consent to judgment 1 ! for .£3l Is. sd. . After some discussion his Honour agreed to try the counterclaim.; This .made it necessary for plaintiff first to prove wages so far. as -they were disputed, viz.,- froni December 1 to December 5. Mr. M'Grath therefore commenced to address in opening. He explained thab Captain Thorns was employed by Captain Eckford, mortgagee, who represented this owners and tho arrangement was that he was to receive i£3 per week and 5 per cent on tho value of the catch. This arrangement was entered into in May last and (according to Captaih Thorns) obtained until December 5. The defendants sMd it obtained only until December 1. From May until December Captain Thorns received not a penny •of commission, and he received no wages fori November. The partnership agreement entered into was. carried on from December 5 until December 11, when owing to. difficulties arising Captain Thojns nsked to be paid off. His request was not acceded to pending the arrival in Wellington of Captain Eckford, the mortgagee. Counsel then went on to relate a scries of complicated facts, which led up to the arrest of tho ship, on February G last. His Honour asked would it not bo better simply to issue, a decree for the sale of tho ship and.let the Registrar adjust the matter of'wages?.- Was not that the usual course? Mr. Kirkcaldie said that that certainly was the usual coursi:, but he would like to place his view of the case before his Honour as it did not agree with the view expressed by Mr. M'Grath. Up till the end of November the ship had been running at a loss and there was a probability of it .being laid up. It was then that Thorns suggested that'the ship should be run on a partnership basis. It was therefore arranged that thero should be an arrangement such as was usually entered into between tho masters and tho ownere of the trawlers round about. Napier. 'Thisi was briefly that tho owners 'should supply the ship and the master should be responsible for all expenses, the profits to be divided in the proportion of two-fifths for the owners and three-fifths for the officers and crew. This, counsel said, was the arrangement under which tho ship was running from December 1 onwards.

His Honour, after tearing Mr. Kirkcaldie, did not see any reason for taking the matter out of the hands of' the Registrar. Any appeal could come before a Judge. . Mr. Evans drew his Honour's, attention to the fact that thero was another claim against the ship'for wages alleged to he due to Captain Brown, who had been master of the Energy before Captain Thorns. His Honour could not take this into account as it had not been set doWn. He therefore made a decree for the salo of the ship, the undisputed amount of wages to be paid out of the. proceeds, and the balance to be paid iato Court. The Registrar will then inquire into the disputed wages and remuneration, and take into consideration tho deductions mentioned in the' counterclaim. If the whole amount of Captain Thoms's claim were paid into Court, the sale of the ship would be stopped. SUPREME COURT. A VERY OLD CASE. The case 'of William George Emery v. Harry Wilson Davies, which has' been before the Courts for some years now vros probably finally dealt with on Saturday. Tho action arose out of a dispute over a tender, and was an appeal from the magistrate a decision. Mr. Justice Chapman had previously given an interim judgment, but allowed additional evidence to be called as to custom in the trade 111 a reserved judgment delivered on Saturday his Honour said that tho evidence did not help him to solve the question., He affirmed the magistrate's decision, giving judgment for the respondent tor .£lO3 (is., with costs 12 guineas and expenses.The question of the amount'of value of fittings was left opGii for arguinent if so desired by tho appellant. Mr. A. W. Blair took judgment for the appellant, while Mr. A. Gray, K.C., with Mr. D. Hoggard, appeared for the respondent. i PRISONERS SENTENCED. THE BAG-SNATCHING CASE. Sentence was passed : on. four-prisoners in tho Supremo Court on Saturday. Mr. Justice Ctiapman was on the Bench, while Mr. H. H. Ostler, of tlie Crown Law Office, appeared for the Crown. Kenneth Green, a young man, who had pleaded guilty to a charge of bag-siiatch-ing ill Willis Street, was'first placed in the dock.. Mr. T. M. Wilford had on a previous occasion asked his Honour to deal with'the case by ordering the young man to come up for sentence when called upon. His Honour, having considered the matter, acceded to the request of counsel, making it a condition that Green should return to his father's house, and conduct himself well in tho future. "You may," said his Honour, in a warning to the prisoner, "be arrested at any time. Not only if you commit a crime, but if you misbehave yourself'iu any manner 'at all." ' "DESPERATELY HUNGRY." AN EXCUSE FOR HOUSE-BREAKING. Three youths, who arrived in the Dominion from Sydney in December last, appeared in the Supremo Court on Saturday, to bo sentenced oil a charge of housebreaking at Nelson, to which they had pleaded guilty. Their names were Horaco Leslie Davis, William Freeman, and Jesse Thomas Atkin. They were not represented by counsel. ' In answer to a question by his Honour, Davis stated that the offence was the result of a sudden temptation, all being "desperately .hungry" at the timo whilo 'walking to obtain work. They regretted their action immediately, but were frightened to return the property. . Mr. Ostler staled that all three prisoners bore good characters previously.; All were under twenty-one years! of age, and all were recommended lor probation. His Honour admitted tho three of them

to probation for a period of twelve months. He advised them that as work was plentiful to return to it, and keoy out of crime in future. MAGISTRATE'S COURT. (Before Mr. W. G. Riddel!, S.M.) A DESERTER. ! At the Magistrate's Court, before Mr. W. G. Uiddell, H.M., on Saturday. John. Mahuney, a fireman, was sentenced to twenty-one days' imprisonment for deserting from the s.s. Arawa-oii February 21. An order was also made that the defendant be placed- on board the vessel when she departs from Wellington. Susan I.aughlin was deemed to be a disorderly person, and -was sentenced to three months' imprisonment. Four first offenders 011 charges of insobriety, were dealt with leniently.