RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5397, 15 July 1878, Page 2

RESIDENT MAGISTRATE’S COURT.

Saturday, July 13. (Before T. A. Mansford, Esq., 8.M.) DRUNKENNESS. ; Three men, for being drunk and disorderly in the public streets, were each fined 55., or 24 hours’ imprisonment. the Elizabeth's chew. Five of the crew of the barque Elizabeth were placed iu the dock charged with refusal of duty on board their vessel. . * Air. Travers, who appeared for the master, said that there appeared to be a misapprehension in the case. He believed the men were willing to work and discharge the vessel, providing that they were not required to leave m her. It the defendants thought that the ship was unseaworthy, they could make the necessary application to the: proper authorities for an inquiry. He, however, considered that the men had no excuse for disobeying the commands of the captain while the; vessel was alongside the wharf. - - Mr. Fitz Gerald appeared for the prisoners, and remarked that the men were under the impression, from certain reiqarks thijt had fallen from his Worship, that ■it would bo necessary for them to refuse duty in order that an inquiry should bo instituted as to tho condition of tho ship. ; It appeared .strange that the Alerchant Shipping Act of 1871 omitted a provision for such-oases ; the Act simply stated that they must cither absent themselves or refuse to.proceed to sea. He had consequently advised, the defendants to return to theu' ship, and would ask his Worship to discharge the defendants. i r ■ - ‘ . Tho prosecutor ultimately withdrew tho information, and the men were discharged from custody. . ■ ■