The Archive · 1870

Claim of Tls. 1,223.81

Mr. Bird for Plaintiffs

Defendant did not appear.

Mr. Brep asked for judgment on a po filed by his clients, praying the Court to order payment of the above balance due on a Promissory note. Certain goods ad been hypothecated for an advance on the note, and their realisation left this sum still owing.

Vouchers and accounts having been put im and sworn to, the Court gave judgment for~ the plaintiffs, with costs.

August 31st. Before G. Jastresox, Regina, at the instance of H. B. M.'s Coxsut, Cameos, master of the British ship~ Wild Deer."

Mr. Tarr, for 1. M.'s Consul, said the case was brought under the 219th section of" 2 the Merchant Shipping Act, 18i4. A seaman named Silvestre Gracia, who had been left behind from the steamship Rona," im hospital, and who could not obtain employment in consequence of the sickness under which he was suffering, was sent yesterday with a constable on board the vessel, for a passage to England, He handed in the written refusal of the defendant to receive the aman, together with the order of conveyance.

The Defendant said he had refused, and still refused, to receive the man on board his vessel, as he had no accommodation, He also said that he had not received any intimation that any distressed seamen were to be sent his vessel; and he left. it entirely to the Court to fine him for his refusal, Mr. 'Tarr said that notice had been sent some time back to the defendant, through his agents, Messrs. Jardine, Matheson and Ca., but that was merely a matter of formal routine, for the convenience of shipmasters, It had' nothing whatever todo with the Merchant Shipping Act, so long as the seaman was placed on board the vessel with a proper order-'The Court pointed out that this was one of the duties imposed by Law on shipmasters: on behalf of seamen, that the, penalty for disobedience was £100, but he thought. that the defendant would be sufficiently punished by a fine of £10 and costs, as a wanting to other shipmasters for refusal in cases of this kind.

Text read from the printed page and cleaned; old type leaves the occasional error.

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