RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2894, 29 May 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) Civil Cases. Boyd and another v. Oliver and Proudfoot, L 49 for seven days’ demurrage and other claims. Mr Stewart for the plaintiffs, Mr Smith and Mr Brent for the defendants. Mr Stewart was proceeding to state the case when Mr Smith raised the question of his locus standi, and asked that he should be required to show the authority of the plaintiffs to appear in Court on their behalf. He held that the master of a vessel, although able to receive and pay moneys and to settle all claims connected with the management of the ship, had not power to institute legal proceedings on behalf of the owners, without express authority from them. Mr Stewart replied at great length, and cited authorities which, he contended, fully established the right of the master of a vessel to sue on behalf of his owners in a foreign port, where no other agent had been appointed by them. Mr Smith admitted that, in all matters concerning the management of the ship, the master had power to act; but as plaintiffs were suing on an express contract, specific authority from the owners was still more necessary, especially as there was a cross action, and the master could not himself lie sued by the defendants.

His Worship said the point was a nice one and he would consider it at the conclusion of the plaintiff’s Case. The case was then proceeded with. From the evidence of the master, Captain Pane, it appeared that the Hope was chartered to go to Lockville Geographo Bay, Western Australia, to load timber for Port Chalmers at a net sura for freight of L7OO, a certain number of days being allowed for loading and unloading. Belays took place in loading through inefficient appliances provided by the defendants, and also at Port Chalmers from a like cause. ! The charter party provided that demurrage was to be paid for at the rate of seven pounds per day, and the plaintiff claimed seven days demurrage. In cross-examination the master admitted that it was usual to allow 24 hours to elapse after giving notice of being ready to take in cargo before the long days commenced Ho admitted that on two days claimed for a strong wind was blowing from the N. W. into Geographe Bay, dead on the shore, but if the lighters could have been brought cargo he could have taken it in. The agent of the defendants had protested against the slowness with which the cargo was stowed. He had not both bow ports open to take in timber, because he would have lost time in shifting the tackle. On one day six timber piles only were taken on board. He did deny having received a communication from the agent of Mr Robertson, but did not call it a letter, because he considered a letter should have been put in an envelope and sealed. Ho only looked upon the document as a jolly row in writing, because he dare not give him a blowing up verbally.