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![handle is hein.slavery/ssactsengr0480 and id is 1 raw text is: captain, by imposing upon him a dislability of discharging any seaman, however
refractory ; and as to its pressure upon the seamen themselves, I think the facts
that I have stated respecting this unfortunate mariner sufficiently shew the oppressive
severity with which the exercise of such an authority may be inflicted.
It appears, that the magistrate sent this man on board, to return in her to England,
and he could only be sent by the magistrate to that ship, as a mariner belonging to
that ship ; in that character he is re-instated, for he had no power to send him in
the character of a prisoner. However, in the latter character he seems to have come
to England, not being permitted to do any duty on board, though [26] extremely
willing and desirous, having so expressed himself to more than one person ; and his
sufferings are completed by his returning penniless to England, after having been
compelled to pay for his miserable subsistence in the prison, for the space of near
three months.
Upon the whole, I am not conscious that I can do more than direct a very moderate
compensation for the sufferings of this individual, when I pronounce him entitled
to the wages for which he sues, together with the necessary expenses incurred in
recovering them.
MARY -(Ardlie). June 20, 1826.-Motion for leave to enter an appeal, in a
suit for wages, from a decree of the Vice-Admiralty Court at the Cape eighteen
months before, refused ; no sufficient circumstances being stated.
This was an application to enter an appeal, in a cause of wages, from a decree
of the Vice-Admiralty Court at the Cape of Good Hope ; the decree was made on
the 3d of December 1824.
Joseph Murrz, in his affidavit, deposed: That he was a native of Lisbon, and
was hired in January 1824, and signed the ship's articles as a mariner (at the rate
of £4, 10s. per month), on board the above ship for her voyage to London : that the
ship sailed with cargo, touched at Madras, and on the 9th of July 1825 was wrecked
near the Cape of Good Hope : that while in the service of the ship, the deponent
was dangerously ill, and, so continuing, was unable to assist the rest of the crew in
saving the cargo and materials : that by the end of October [27] the rest of the crew
had succeeded in saving a great part of the cargo, most of the rigging, sails, and
provisions, and the hull of the ship, which were ultimately sold, and the proceeds
of the hull, rigging, and sails were more than sufficient to pay the whole of the wages
of the deponent and his shipmates ; but that the same not being paid, a suit was
instituted at the Cape, in which wages were pronounced due as far as freight had been
received, viz. till the arrival of the ship at Calcutta: that the deponent, being
thereby deprived of any relief, entered on board the Vansittart, and continued in
her service till her return to London, about three weeks ago : that the owners of the
Mary having since refused payment of his wages, the deponent is now informed,
that, owing to some trifling informality in the proceedings of the professional persons
employed by the mariners at the Cape, in not interposing an appeal, his only remedy
is to apply to this Court for its permission to appeal. The affidavit further stated
the good conduct of the mariner while in the service of the Mary.
Addams, upon this affidavit, moved on behalf of the mariner, and referred to
The Neptune, Clark (1 Hagg. Ad. 227), to shew that the mariner, if the appeal were
entertained, would be entitled to a decree for wages to the time of the wreck.
Jenner and Lushington for different part-owners.-The owners and under-
writers have settled the whole accounts. There was no previous intimation of an
appeal ; and if it were now admitted, it might lead to endless litigation, and the
owners be involved [28] in great loss. When the vessel was in distress, the gonduct
of the crew was highly reprehensible.
Per Curiam.-I do not think that the circumstances laid before me are sufficient
to justify a permission for entering an appeal : and I reject the application.
Motion refused.
IBETSEY CAINES -(Wilson). June 27, 1826.-In a cause of collision the protest
of the master of a foreign vessel, which being in distress was in tow by the vessel
run foul of, is res inter alios acta, and not admissible evidence where no necessity
exists. The Court may order compensation for consequential damage.
The Minerva, while assisted by the Flora in towing a foreign vessel into
THE MARY
2 HAGG. 26.](ViewImageLocal?handle=hein.slavery/ssactsengr0480&div=1&collection=&method=preview&ext=.png&size=3)