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![handle is hein.slavery/ssactsengr0482 and id is 1 raw text is: THE ' MINSTREL
party an interest not only in the bounty, founded upon this moderate valuation of
the slaves, but likewise in a proportion of [391 the ship, her stores, and everything
in her that constitutes her value. The allegation expressly, [40] and, in my opinion,
justly, involves them all in the same claim, although the bounty-money has been
almost the sole subject of discussion ; upon all analogy, if good with respect to tile
bounty-money, it will, afortiori, attach upon the other.
Note.-This claim was not further opposed.
MINSTREL -(Arkcoll). November 29, 1826.-Where by the articles wages were
not payable till the cargo was discharged (within a limited time), and where,
after an arrest, the wages were paid within such time, the owners held liable to
the costs of such arrest, they having refused to pay the mariner at the same
time as the rest of the crew, but tendered him a less sum than was due in full
of his wages.
This was an application for costs.
The ship's articles stipulated, that no seaman should be entitled to his wages
until the ship was discharged of her cargo, provided it were done within twenty
days after her arrival at the port of delivery. On the 23d of June 1826, the vessel
reached the port of London, and on the next day the crew were discharged, he
cook being paid £1 on account of his wages : on the 26th the rest of the crew were
paid their wages. The cook twice applied for the balance due to him, viz. £17,
2s. 6d. which was refused ; the owners offering him £10 in full of his wages. This
the cook declined [41] to accept ; and on the 3d of July he caused the vessel to be
arrested in a suit for wages. On the llth, the discharge of the cargo was com-
pleted, and on the following day the balance of wages was paid to the cook's
proctor, the question of the costs of the arrest being reserved.
Lushington for the owners.-The seaman's wages were paid agreeably to the
articles : he was, therefore, not justified in his arrest of the vessel. White v. Mattison,
2 Starkie N. P. 325, differs from the present case : the form of action distinguishes
it : and the plaintiff there sued upon the undertaking of the defendant.
Jenner contra, was stopped by the Court.
Union instantly recommenced the chase, and continued it during the day, kind
about 7 p.m. they entered the S.E. end of the Gulf of Providence, when the chase
was continued northward up the gulf close to the shoals along its western side ; that
about 9 a.m. on the following morning (1st of March), the Union having got off
from a shoal on which she had struck, the brigantine being then out of sight, and from
her situation, and the course she was steering on the preceding evening, there being
no outlet to the westward, and it being impossible for her, as the wind then was (N.E.)
to get away to the eastward without being captured by the Union, Lowe felt
convinced that the brigantine had run ashore on a shoal on the western side of the
gulf, called the Grass Key ; that finding the Union leaky, and not knowing what
damage she might have sustained, he proceeded to Nassau in New Providence,
where she arrived at 3 p.m., when he immediately communicated to Lieut. Bennett,
of the Speedwell, the whole of the circumstances attending the chase, and his
belief that the brigantine was on the Grass Key. The 10th :-That on the morning
of the 2d of March, Capt. Hobson, with the Ferret, arrived at Nassau, when
Lowe communicated to him the same circumstances. l1th :-A letter from Lowe
to Hobson, at the close of which was, I beg leave to say that it is my opinion the
chase must have run ashore on the Grass Key. 12th and 14th :-The official order
of Hobson for the Union to sail in search of the Lion. to accompany her to
Jamaica ; and that Hobson, having, directed the Speedwell to go in search of
the brigantine, in pursuance of their respective orders, the two schooners left Nassau
on the 4th of March, and proceeded together down the Gulf of Providence; that
Lieut. Bennett, following the directions and information of Lowe, proceeded in the
Speedwell to Grass Key, where he captured the brigantine.
Jenner and Phillimore opposed the allegation.
Lushington and Dodson contra.
June 19th.-Per Curiam.-The claim of joint capture cannot be supported. I
reject the allegation, but allow Lieut. Lowe his costs.
2 EEAGG. 39.](ViewImageLocal?handle=hein.slavery/ssactsengr0482&div=1&collection=&method=preview&ext=.png&size=3)