MASTERS AND SEAMEN.

Globe, Volume XX, Issue 1640, 23 May 1879, Page 3

MASTERS AND SEAMEN.

IMPORTANT JUDGMENT. [Press Special Wore.] WELLING-TON, May 22. Judgment in a case of some importance to seamen was given by the Resident Magistrate to-day, Shidburgh, the plaintiff, sued Fisk, master of a craft, for damages for wrongful dismissal, and for one month’s wages. Mr Hansford said the refusal of plaintiff to obey the order giv< n by the defendant was not sufficient to ensure a conviction under the Shipping and Seamen’s act. Such an order must bo a lawful one, and refusal to obey it wilful. “I do not think the order in this instance was of such a nature as to render the refusal to obey it wilful. The seamen had been at work all day, and at eight o’clock at night, after they had turned in, the ship being at anchor, the men were ordered to tow a punt, then lying alongside, and moor her at a place where she was usually moored, lome distance off. The men naturally wished to know whether such was necessary at that time of night, and on being referred by the mate (who expressed no opinion on the matter, simply remarking that was the order he had received) to the ma.-ter, they were told, “It was that or the boulder bank.” The men without any further request being made them, returned to the forecastle, and the defendant with the assistance of his mate, moored the punt themselves. The following day the men’s food was stopped, and the day after, which was the 30th April, the men were turned adrift without food or money, although one month’s wages were then duo. The defendant had no right to take the law into his own hands. If he were unable to take proceedings against them where ho was, his proper course would have been to bring them to Wellington, end lay information against them for refusal of duty. His conduct was of too arbitrary and harsh a character, even supposing he intended to proceed to sea the same night, which thing is extremely doubtful. The plaintiff is clca'ly entitled to recover the month’s wiigcs due on 30ih April, and for damages sustained through wrongful dismiss d, 1 award him the sum of JFJ. Judgment for plaintiff, i>l4 and costs.