Shipping News.

Lyttelton Times, Volume X, Issue 637, 15 December 1858, Page 4

Shipping News.

ABBIVED. Svdrtev 11; ) (i''h00Der II ™-'". US ton.. W. E. Brown, from Sjdne). I'aKsen K erH, Mr. Wilimer, Mr*. 8r0w,,. p^i Mr'A%r. 154 toaH> B> Jc"kins 'from Bydn °y St™ dr t}'' T W *tOiLW*r Lor(J AM^ 29° 'on,, A.

_- riKAßfcl). P 2™' b M/|m! "iV- 21<i tOM« A" »a"a^- 'or Sydney Hur -»n " :"(lN> brU'"lv ' l 0 «w.rl««, 1 «l» «rc;,^oXff:X!/ UMIIVW^J- WMI"w '38

In tho Dart, Cooksou, Howler & Co. agents: SO lbs. gunpowder, 3 tons blasting powder, 2 lioiws, 3000 bricks, 2 hhd*. 208 bags refined sugar, 245 bags raw ditto, 472 bags, 160 mats bastards, and full miscellaneous cargo;

KXPOIITS. In the Lion, Dulgcty, Buckley it Co., agents: 10 tons potatoes, Webb.

The Otngo papers inform us that tho Jura remained for some hint) on tho sandspit on which she struck coming out, but.had got off without injury heforn tho 10th, nnd would sail for this port with tho ilrst fuir wind. Sho muy therefore 1)3 considered duo to-day.

Tho brig Reliance, Smith, from Hohart Town for Now Zealand (probably for this port), put into Sydney on tho 26th ult. When 24 bourn out a huuvy gale sprung up nt S.W., during which sho started her bow port and put in to repair tho damage, as she made a little water. Sho has 27,070 palings, 46,000 foet timbor, 76,000 shingles, 80 pui:s s>ishcs, and 47 packages, Ordor. Tho Raven brings us moro horses from New South Wales. She had a good pas.sngo of 10 days uud lost but one head out of 30 ou the voyage.

SEA WAS EH

The S uthkrn Cuoss.—Captain Mourilynn, the master of the ship Southern Cross, from New Zoal.md, appeared before Mr. Ysirdley, on Tuesday, to answer the claim of a seaniau named Jamas Gordon, who claimed a balance of though the balance actually dun was jt?f>A, but he had reduced his claim to j» JSO to bring the case within the jurisdiction of the magistrate. Tho defendant wont out as chief mate of the ship, and succeeded to tho command in the course of the voyage. Tho complainant oiiginally. shipped ut jC'i per month, and ou the arrival of tho ship at Wellington (New Zealand) several men deserted, and to keep tlm others onboard, it was agreed that tho others should receive .£6 10s. per month, and an endorsement to that offset was made upon the articles of agreement, aud certified by the Compttoller of Customs.—The defendant rnpndiated the new agreement made by his predecessor, and -£'34 only was offered to the complainant.—For the.defendant it was contended that the second ugroemeiit was void and of no effuct, not only an immoral one, but contrary to public policy. There was no consideration for the new agreement. Tho complainant, with others, shipped for ■£"d per month for the whole voyage, and the character of the voyage had not be.*n changed. If such an agreement was ratified, it would bo of no use for masters aud seamen to mutually agree for a certain rate of wages in Knglaud. —Mr. Vardley said the decision of Lord Ellenborough in a case very much resembling this was conclusive. Hb could not, with that and other decisions of the judges before him, come to any other conclusion than that the new agreement made at Wellington was not binding on the putties. He could not give effect to the new agreement, and order the extra wages claimed. The agreement was entered into by a former captain, but the present one, of course, took upon himsolf the contracts of his predecessor, as far as they were legal. He very much regretted it was necessary for the owner to repndiate the agreement enterea into with the s.!iimou in New .Zealand. He did not like such a mode of playing fast and loose with sailors. He thought it would be politic 5s well as liberal to give the complainant something as a gratuity. The former'captain proposed the new agreement, and gooJ faith should be kept with seamen. ' The defendant said that the wages had been increased from j*"2 10s. to *Z per month, at the commencement of the voyage; on condition that the meu remained by the ship all the voyage, i He was instructed" by his owner to resist the demand for extra wagea, and he could not pay the coraplainan^anything.—Mr. Yardley: lam sorry it was necessary,fto indnpe. the men to stick by the ship by such a trick as this, to get them to sign new articles, and enter into ' an agreement it was never intended to carry out. It is not J a straightforward proceeding in any point of yiow, and .one f very much to be deplored.' I dismiss tho pumfconVfer the " reasons I have staled, but! think it would have been'much more creditable for both owner ao.d captain if the case had never been brought into Court.—The sum of -f34, the balance admitted by the defendant, was then paid to the complainant.— Mitchell's Maritime Register.