POLICE COURT.—This Day.

Auckland Star, Volume I, Issue 106, 12 May 1870, Page 2

POLICE COURT.—This Day.

(Before J. O'Neill, Esq., and J. S. Maefarlane, Esq., J.P.s) DRUNKENNESS. Carl Noggonst, Alice Murphy, and Thomas Johnson, charged with the above offence, ivere each fined ss. and costs, or to be imprisoned 24 hours with hard labour. BREACH OF THE MERCHANT SHIPPING ACT, 1854. George Short was charged by Archibald I Weir for a breach of the above Act, in its j 188 th section, in refusing to pay £4 16s. wages, due to him on the 31st May instant. Mr. Wilson appeared for complainant ; Mr. Russell for defendant. Archibald Weir, deposed : I am mate of the Fiery Cross, of which the defendant is master. Shipped on board that vessel on the 29th March at Dunedin, at £8 por month. I was to go to Oamaru, thence to Auckland ; then to Mercury Bay, thence to Omaru. I told the aaptain that it would nob suit me to trade out here, having my wife and family in Otago. I was discharged on the 9th of this month, the captain stating that he did not require mc any longer, as lie was taking his brother as mate. He paid me up to the time of discharge ; I had no articles. To Mr. Russell: The agreement was made in Dunedin. If he liked to pay mc off when we got ba.ak to Omaru, the contract would have been ended ; inslead of taking me back to Oamaru, he discharged mo in Auckland. I was engaged at so much per month. If he had taken me back to Oamaru, I would not have complained against him. My wife and children came down with Captain Short from Dunedin to Oamaru. Counsel for defendant pleaded that the pro per course should have been to sue for breach of contract in not carrying complainant back to Oamaru, and not to sue for wages for services not yet actually rendered. George Short, called by the Bench, deposed : lam master of the Fiery Cross; hired complainant in Dunedin ; I engaged to. pay him at the rate of £8 a month, with no specified time, and no mention of any place of dis charge ; we made one trip from Dunedin to Oamaru and back to Dunedin ; when lie had got back to Port Chalmers lie wanted to leave me ; went thenco to Oamaru, thence to Auckland ; lam now going to the Friendly Islands; I have discharged the complainant; I paid this man. To Mr. Wilson : He claimed more wages at the time I paid him ; have no particular objection to him; I dise;harged -him and shipped my "brother; there was no agreement as to where the voyage was to be ; lie agreed to serve me anywhere I voyaged ; If he has sworn otherwise it is false ; he said nothing to me when I was coming on here as to return ing to Oamaru. To the Bench: It is not usual to havo a written agreement with my mate 3; if I engage them by the month, I pay them for the whole of that month even though discharged before the end ; if remain longer than the month, I pay them for th- time additional (receipt for wages produce-.i) ; that receipt is " on account.." Case dismissed. The Court then ai'o3e.