RESIDENT MAGISTRATE'S COURT, PORT CHALMERS.

Evening Star, Issue 3121, 19 February 1873, Page 2

RESIDENT MAGISTRATE'S COURT, PORT CHALMERS.

This Day. (Before Wm. Thomson, Esq., J.P., and John Drysdale, Esq,, J.P.)

Breaches of the Merchant Shipping Act.—Henry Hart, an articled seaman belonging to the barque Iris, was charged by Andrew Moir, the master, with wilful disobedience to lawful commands on board the said barque on Monday morning, the 17th inst. Mr Stout appeared for the complainant, and Mr Mansford for the prisoner. The master and mate having both proved that the prisoner positively refused to do any more work on board the vessel, Mr Mansford, on his behalf, justified the refusal, aud submitted that not only must the command be lawful but the disobedience wilful, and that a seaman was justified in refusing to work where the master neglected to provide him with the proper and necessary food. Mr Mansford called witnesses to prove that during one portion of the voyage the prisoner had been kept without food for seven days, and subsisted on a biscuit a day, which was given him by the other men. He also proved that on Sunday last, the day before the refusal of duty, that no food was provided for any of the seamen.—The Bench considered that the prisoner was justified in refusing to turn to, aud dismissed the case. Mark Tibbet, another seaman belonging to the same barque, was charged with a similar refusal of duty, but the case was withdrawn and the prisoner release from custody. Hugh Evans, also a seaman of the Iris w as charged with refusal of duty ou the morning of the 17th inst., but after hearing the evidence, the magistrates were of opinion that the prisoner was justified in his refusal, aud dismissed the case.

William Whelan, the cook and steward, charged with a similar offence, was convicted apd sentenced to fourteen days’ imprisonment with hard labor.

Henry Hart and Mark Tibbet then proceeded summarily against the master of tbe Iris under the I9oth section of the Merchant Shipping Act, for the recovery of their wages. Ihs former proved that he had been k»ft lor

seven days without food, and that he would have died from starvation had not the oiher sailors given him a biscuit occasionally, and the latter proved that he had been kept in irons for live’days and live nights, during the whole of which time the irons were only taken off once for a quarter of an hour ; but as neither of the men would swear that he considered bis life in danger, the Bench dismissed both cases.

Two other informations against the master for alleged ill-usage were withdrawn on account of some defects, Mr Mamford stating that he would lay fresh informations.