HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0466 and id is 1 raw text is: entitled to give bail. If I allow bail to be given, I do not prejudice the master's right,
whatever it may be, to receive or retain the freight ; or to take the proper measures
in endeavouring to obtain it. The only question for me, I repeat, is, Has this mort-
gagee a right to give bail in this action ?
As to the subsistence of the mortgage, so long as the mortgage remains on the face
of the certificate of registry, the Court must presume that it is a valid and subsistiig
mortgage, and [312] will entertain no conjecture as to the possibility of its having
been satisfied. I am of opinion, therefore, that the mortgage must be considered a
subsisting mortgage, and that the operation of the mortgage and the charter gives
Mr. Thomas a primafaeie title-I do not say more-a primafacie title to the freight.
But it is then contended that by the practice of the Court property arrested for
freight can in such cases as this only be released upon payment of the amount of
freight into Court. I must say I am astonished that such a proposition could be
attempted to be maintained. The daily practice of the Court is the very reverse ;
and if in every action by master or seaman for wages the amount of freight was
required to be brought in, it would occasion very great inconvenience and great
additional and unnecessary expense. The settled practice of the Court is, that
where a prima facie title to freight is shewn, a ship arrested for freight shall be
released upon bail being given in the action. Where, indeed, cargo is arrested, it is
otherwise, and the Court will order the owners of cargo to bring in the freight. But
that is because they are debtors of freight.
I am of opinion that Mr. Thomas has shewn a primafacie title to freight under the
mortgage and the charter, and that he has a right to a release of the ship upon giving
bail in the action. And I grant this motion with costs.
Rothery for the mortgagee.
Clarkson for the master.
THE CAMILLA -(R. Millan, Master). March 29, 1858.-Ship-Master's wages-
Forfeiture-Wrongful dismissal-17 & 18 Vict. c. 104, s. 191.-Neither error
of seamanship in a master, nor neglect to communicate to a Lloyd's agent
stranding of the vessel, nor neglect to sign a bottomry bond, works a forfeiture
of wages.-Semble, the owner's remedy is by cross-action in a Court of Common
Law.-A master, engaged for a voyage out and home, if wrongfully discharged
abroad, is entitled to wages until he can obtain other employment ; and, semble,
until the termination of the entire voyage.
[S. C. 6 W. R. 840.]
- This was a suit for wages, brought by Robert Millan, as the master of the barque
Camilla. The following letter was the final contract of engagement.
[313] Mr. T. Michael, London, Sept. 19, 1853.
Sir,-In consideration of your appointing me master of your vessel ' Camilla,'
now bound for Launceston, Van Diemen's Land, and from thence to any place or
places you may order me, at the rate of £150 per annum, I agree to obey your orders at
all times and places, and attend to your interests, and if I neglect to do the same, and
you become a loser in consequence of my negligence or error, I agree to pay you for
such losses. And I further agree that you may discharge me during the voyage if you
have reasonable grounds to do so ; and I also agree not to be in the ship's debt.
ROBERT MILLAN.
Wages were claimed up to the 22nd of April 1856.
Addams, Q.C., for the master.
Spinks for the owner.
The further particulars are sufficiently stated in the following judgment.
Dr. Lushington : This is a suit for wages, brought by Robert Millan, formerly
master of the Camilla. It is clear that Millan was, from the 19th September 1853,
hired as master of this ship ; that he proceeded with the ship as master, and went to
Launceston, in Van Diemen's Land ; that he remained as master until the 23rd May
1855, when, whether rightly or wrongly, he was forcibly dispossessed of his command
and removed from the ship. Millan sues for his wages up to the 23rd May 1855, and
further up to the 22nd April 1856, till which time he could not obtain employment.
Whatever may be said as to this latter period, it is abundantly clear that, having
continued master up to the 23rd May 1855, he is entitled to recover his wages up to
THE CAMtILLA
1152
SWAB. 312.](ViewImageLocal?handle=hein.slavery/ssactsengr0466&div=1&collection=&method=preview&ext=.png&size=3)