MAGISTRATE'S COURT

Dominion, Volume 10, Issue 2913, 8 November 1916, Page 3

MAGISTRATE'S COURT

IMPORTANT SHIPPING JUDGMENT

Mr. W. G. Riddell, S.H., heard the following civil cases at yesterday's sitting of the Magistrate's Court:— A. question in regard to seamen's wages which no doubt will have far-reaching effects was decided. It affects the payment of wages to duly articled seamen during their absence from the ship on sick leave. 'Xlie case was one in which J. Usher, a member of the ciw of a collier, which is under charter to the Anmiralty proceeded against the Union Company, to recover the sum of -Cll 9s. It was set out in the statement of claim that on, July 18, 1916, whilst in the employ of the Union Company as a member of the collier in question plaintiff was left on shore at Wellington, and he was not certified as being fit for work till August 23. The Union Company had paid plaintiff's medical expenses a-nd maintenance, tat had not paid his wages during the time "he was sick and ashore. As a trimmer plaintiff's monthly wages were at the rate of -£9 ss. per month. Ho claimed, therefore, the sum of .£ll 95., being -wages due to him from July 18 to August 23. , It was stated that the plaintiff joined the collier at Westport, and signed articles, expiring on September 5, for' the round trip to and back. Ho worked on the round trip, and on the date mentioned he was left ashore at Wellington. Some months prior to July, 1916, the collier was chartered by the Admiralty to take coal to Singapore. She loaded at Westport and went outto the Eastern port, via Albany. During the month of June it was arranged between the Admiralty and defendant company that on the way back to New Zealand the vessel should call at Newcastle and pick up a load of coal there for New Zealand! It was also arranged that on arrival of tlie vessel at Newcastle .the Admiralty charter should be suspended while the ship was employed _by the defendant company.. Under _ instructions from the company tho oollier proceeded from Albany to Newcastle, and tool in coal for Wellington. From tho latter port she went on to Westport, and there resumed her charter to the Admiralty. The Union Company paid tho wages of the crew of the Katoa during the Admiralty charter, and admitted liability for medical attention and maintenance of plaintiff duruisr his illness. The Superintendent of Mercantile Marine at Wellington had declined to claim from defendant company the wages now sued for, and action had been taken by plaintiff under Sub-section 3 of Section 6 of the Shinping and Seamen .Amendment Act, 1911. „ , After quoting the section referred to, the Magistrate went on to say that whether nlaintiff was entitled to the wages' claimed depended upon the status of the collier in which hp was employed at tho time he was placed oh shore suffering fi,om illness, and the amount depended upon the nature of his engagement of service with the Union Company. It was, therefore, necessary to first determine whether the vessel_ in ■ question was. on July 18, 1916, a foreign- ; going ship, in which case the nrovision i of Section 5 of the Amended Act, 1911, i would apnly in intercolonial trading ves- . pels which would be governed bv Section . 6. Defendant contended that the vessel i must be regarded as a foreign-goincr shin, . and the suspension of her charter in ■ order to allow defendant company to , employ her in carrying a cargo of coal i- from Newcastle to New Zealand on her i return voyage did not alter the 6tatus - which she assumed after "being chartered

by tha Admiralty. "I doubt if this argument is sound." said His Worship, "and I think thntthn suspension of the charter was sufficient to deprive tho ship of her status as f, foreign-going shin, and having reverted to her owners to he used in another capa-

city and for a voyage not contemplated in the Admiralty charter. Slip, thrrf 1 - fore, became an intercolonial trading shin actually trading between New Zealand and a port in ' Australia. Plaintiff's wages on, tlio ship during tho journey from Newcastle, to Now Zealand were £H ss. per month, but no separate agreement was entored into between him and the defendant company for that particular voyage. The necessity for this was apparently not considered, as the company was resnonsible for the wages of tho crew

while tlio .ship was under charter to tho Admiralty, and continned to ivort on the same terms as fixed by the aarcement

which expired on September 6. 1 think, therefore," continued His Worship, "that as plaintiff was certified as being fit for work on August 23 ho.waß. entitled under Section 8 to the wages claimed over and above those duo to him on July 18. Judgment was given for plaintiff for £10 95., jrith costs £2 10s. In a similar case brought by another

seaman (Frederick Wade), on tho same vessel, judgment was entered for plaintiff for i£l2 6s. 9d., with costs £2 6s. Mr. H. 1?. O'Lenry apneared for plaintiffs and llr. Levi for defendant.

JUDGMENT BY DEFAULT." Judgment by default was gven in. the following cases:— Wellington "Woollen Manufacturing Co., Ltd., t. William C. Savage. £19 lGs. 2d., costs £2 10s. 6d.; John Chambers and Son, Ltd., t. J. Hamilton, -£i 12s. 6t1.. costs 155.; same v. W. H. Howard. £85 155., costs £4 12s. 6d.; Dr. IX Lloyd Clay v. Frederick Simcot, £3 lGs., costs 10s.; Whitcombe and, Tombs, Ltd., v. G. S. Edgar, £1 9s. Bd., costs 95.; Thorndon Meat and Poultry Co. v. George Shamy, M 3s. 6d., costs 10s.: Kirkcaldic and Stains v. Band Gibb, JE3 15s„ costs lfts.: Louis Wm. Ludwig v. Thomas v. Williams, £3 3s. 6d., costs 55.; samp t. Caroline Wallace, 7s. 6d., costs fe.; Green and Davis v. Clias. 'Koroneho, .£2O 7s. 4d., costs £3 lfc.; S. H. Matterson v. Horace Ct. Sutter, £G 155., costs £1 3s. 6d.; J. B. Clarkson and Co., Ltd., v. H. ilbert Henley, £20 Bs., costs £1 35.; Cecil M. Bay v.. W. B. Missen, £G 19s. 9d ' « osts £1 ss. fid.: Robert BnuUl v. Tnos. Malioney, £3 135., costs 10s.

BOARD AND LODGING CLAIM. Henry Haines claimed the sum of ,£KI 15s. 6(1. from Hugh Muir for board and lodging and supplies for his wife, Mrs. Muir. Defendant denied liability a 9 ho was living apart from his wife. His case was not upheld, however, and judgment was given for plaintiff for .€6 4s. 10d., with costs £2. . Mr. C. W. Neilson appeared for plaintiff, and Mr. H. Webb for defendant.. ''*■

UNION'MEMBER PINED. The AVellington Motor-car and Horse Drivers and . Livery Stable Employees' Union pioceeded against John MorrcH, a member of the union, for contributions. For the defence it was contended that defendant was not a member of the .union, because ho had never received notices to attend meetings. Judgment was given for the plaintiff union for ,£1 lis.

DAMAGES ASSESSED. Nellie Ham asked the Court to assess damages in the event of the non-return' of certain articles owned by her, but alleged to be at present in possession of P. Dronfield and others. His Worship assessed tho value at ill 10s., which he ordered to bo charged agahist the scparato estate of each of the defendants.

••• MISCELLANEOUS CASES. Mr. L. G. Ecid heard the following police cases "Tliis appears .to bo a heartless case of desertion/' said Inspector Heiidrc.v when John Harper Page was charged with failing to comply with the terms of a maintenance order for the support of liia wife and three children.. Up to April 20 tho arrears totalled .£Bl ]ss. Pago, who admitted the arrears, stated that ho intended to enlist. In imposing a sentence of three months' imprisonment, His Worship ordered that the warrant should he suspended as long as defendant paid 10s. per week in respect of tho maintenance of his wife, and ss. per week for each of his three children. • For having used obscono language in Maimers Street. Arthur James Mason was fined £X in default 21 [lays' imprisonment. Por insobriety ho was fined 10s. The police described John M'G'usker as a "waster of tlie first water." M'Cusker was charged with being a rogue ami a vagabond, as he had begged alms _in Manners Street. Although accused denied tho imputation, tho evidence was against him, and a sontence of H days' imprisonment .was imposed.