Shanghai, 15th January. Before F, S. A. Bovrxe, Esq., Assistant Judge.
Cruse Anyue v. A. V. Brow:
In this case the plaintiff, formerly a seaman on the ~citish sailing vessel Col-wingrove, sought to recover the sum of 396.50, balance of wages due as per account attached to the summons.
His Honour said that the account showed that the plaintiff's wages for 8 months and 19 days at the rate of $20 per month amounted to $172; that he bad received $75.50 on account, and that the balance owing was $96.50.
A. V. Brown, captain of the Collingrove, said that he thought the time stated was correct and the amount paid on account was also correct. The reason that the balance had not been paid over to the plaintiff was that the plaintiff had shipped as an able seaman, but was altogether incapable. He was not an able seaman at all and could not perform the simplest duties of an able seaman. He was only entitled to receive the wages of an ordinary deck-hand. He could not even splice a rope or take the wheel. A Pinintiff, cautioned, said that the claim of $96.50 was correct. He was an able seaman. He had no certificate of discharge as an able seaman from any other ship, but had previously been employed on the steamer Tamsui. He had not served on a sailing excel before.
Mr. E. T. Rivero, of the Consular Shipping Office, suid that the plaintiff engaged by the captain through shipping agents, He signed his agreement at the Shipping Office and ko (ifr. Rivero) read the agreement through amd explained it to the man. The agreement had a clause stating that if any person entered himself as qualified for a duty which he was incompetent to perform, his wages would ba reduced according to the extent of his incompetency.
His Honour told the plaintiff that if he still claimed to be an able seaman, he would ask the opinion of Captain Parker as to plaintiff's ability. If, however, he waived his contention that he was an able seaman, his Honour would decide what amount was due to him under the agreement.
Plaintifé said that he would leave the matter in his Honours hands, but insisted that he was a sailor.
His Honour said that almost eve man {who had been to sea considered hi elf a sailor, but that was a very different thing from being an able seaman.
'The defendant then called the mate to give evidence as to plaintiff's abilities, Charles Jensen, strom, said that in his opinion the plaintiff was' not an able seaman. He could net do the work that a boy who had only been at sea 6 months could do.
The defendant said that they had put the plaintiff to the work of washing the paintwork, He was no better than a coolie. In fact, a coolie whom they had shipped could take his turn at the wheel, 'This coolie was engaged at $5 per month, but witness in paying him off had given him more than was due to him in' conation of his ability. The plaintiff, however, could do nothing.
His Honour said there would be judgment for the plaintiff for wages at the rate of $10 per month for the time that hie had been employed. He also caution-od plaintiff that if this sort of thing occurred again he might get into trouble.
Defendant informed his Worship that the amount due to the plaintiff, calculate the same basis, had previously been paid into the Consulate and the plaintiff could have had it at any time.
Text read from the printed page and cleaned; old type leaves the occasional error.