THE GUY C. GOSS.

Auckland Star, Volume LVII, Issue 95, 23 April 1926, Page 8

THE GUY C. GOSS.

CLAIM BY CONSIGNEES. QUESTION OF JURISDICTION. ADMniALTY COURT ACTION. FURTHER ADJOURNMENT MADE. ■ Some weeks ago the American barque, Guy C. Goss, was arrested at the Central wharf for debt and at present lies in the stream. It was to have been the subject of an Admiralty Court action last Tuesday, but it was adjourned until this morning. The action was brought before Mr. Justice Herdman by the consignees, as plaintiffs, against the captain and crew, as defendants for an order of discharge of cargo from a writ of arrest issued at the instance of the captain and crew. Mr. G. P. Findlay, represented the consignees, Mr. V. R. Meredith, Crown solicitor, and Mr. V. N. Hubble, the Public Works Department as consignee, while Mr. T. N. Holmden appeared on behalf of tbe crew, a nd Mr. R. McVeagh for the master, Captain D. Didrich. . Considerable difficulty arose when the case was called. Mr. Findlay said be appeared in support of the motion, and Mr. McVeagh intimated that he aupeared to support tbe action. "Mr. Findlay: That can't be. The action has not been set down for hearing. His Honor: Surely that cannot be? Mr. Findlay quoted a rule whereby it was set out that notice of "trial had to be given. Mr. McVeagh said he was not present on the first day of hearing, but he understood that the action had been set down. Mr. Meredith said he appeared for the Public Works Department and was only concerned with the question whether a lien could be put on the cargo, and he submitted tbat it could not be done. His Honor: How can that come before mc? Mr. Meredith pointed out that there was a motion to that effect. His Honor: The cargo has not been arrested? Mr. Findlay: The ship and the cargo have been arrested, sir, and we want to know if that is right. It is tbe motion of discharge that concerns Mr. Meredith and - myself. We' have nothing to do with the action. His Honor: What have I do deal with? Mr. Findlay: With the motion of the consignees, sir.

' Mr. Meredith said there was a separate motion on behalf of the 'Minister of Public Works, and it would be convenient to take: the two together. Mr. Holmden made it known that he appeared for the crew. His Honor: You all appear to be in a hopeless mess. Mr.- Holmden insisted that the crew had a right to appear. His Honor asked -what proceedings he' had taken. Mr. Holmden said there was a writ on -which he had obtained a lien_ on the Ship and the cargo. The question whether the lien was a good one or a bad one, would depend on the contract between the -ship's articles. He submitted that the crew was entitled to a lien on the cargo, and the question would arise whether the master had the right to hypothecate the cargo for the voyage. He further objected to the fact that all the consingees. were not present, and submitted that (before the Court could deal -with the question they should be present. Mr. McVeagh said there was no doubt that the captain and the crew "had a clear Tight of lien against the ship. It was another question when it came to the cargo. His Honor said the best thing, would he to call tbe American Consul. ' McVeagh intimated that he had seen •the American Consul, and the latter had refused to produce the ship's articles without an order from this Court. Hia Honor would have to be satisfied that there was a lien on the cargo. Mr. Holmden said they were in the dark. The present motion, was one for the discharge of cargo, and they did not have the contract before them which set out what the voyage w-as. He submitted, further, that the cargo of the consignees not present could not be taken off. He would again make his objections, and they were that' the ship's articles should ibe produced so that they could determine what the voyage was, and that all consignees should he represented at the hearing of the motion. ,

His Honor: How many are not represented? -Mr. Finlay: I-claim to represent "them all, with • the exception, of the Public Works Department. His Honor: Do yoii want an adjournment, Mr. Holmden? ' • Mr. Holmden said he considered the case should be stood down. It was vital in the interests of the crew that * the articles be produced, and all the consignees represented. His Honor said the difficulty, was to •know if the law of New Zealand applied or whether it was the law of the United ■States of America. He thought the American Consul could prove that. C. Mr. McVeagh pointed out that the case was one in which the captain and crew were entitled to the utmost consideration. The ship was taken under charter in Vancouver. It was brought to Auckland, and upon arrival not one penny •was given the men for wages or food. A number of messages were sent to the owner, but there.vhad been no replies. The captain and a member of the crew had ••received messages from their wives to the effect that,their wages had been stopped. The case, therefore, should be the subject of** every inquiry. The articles •would have to be produced. His Honor said that in the case of payment of wages of members of a foreign ship, applicationmay be made to the Consul. - . Mr. McVeagh said that had been' done. His Honor: That would be sufficient to enable the men to arrest the ship, but I have to be satisfied that I have the power to hear the case. Mr. Finlay said the question of jurisdiction was made clear by the Colonial Courts of Admiralty Act, 1890, which' gave jurisdiction under several headings. -The Admiralty Court in New Zealand had the same authority as the British Admiralty. Court. That being so there was an abundance of authority. Mr. Holmden said they did'not dispute the jurisdiction, of the Court, and lie would be prepared to fully argue the case when tlie articles were pro- • duced.

_His Honor: How are the articles relevant?

x B Holmden: To show the voyage, « H ™f : an y° u P oint out a «y C& c v the captain can for tL purpose H tone. .*••* ■ No - because there' are

Sir. Holmden said that to find out whether they had a right to a lien they should have articles before them. His Honor said the better plan would be to satisy him that the captain had a claim over the cargo. Mr. McVeagh: We want the trial brought on as soon as possible. His Honor: Can you undertake to have the case set down for trial to-mor-row? Mr. McVeagh: I could do that. Mr. Finlay completed a lengthy argument, and again stressed the point that there could not be a lien over the cargo. Mr. Meredith did not .think his Honor could hand over the cargo before the bearing of the action. He submitted that the Court could order the discharge of the cargo. They did want it ashore under tbe custody of the marshal, and they asked that the subject matter of the dispute, that was the cargo, should be discharged and placed in a safe place. They had made an; offer to the other side to have it placed iv bond, but they had refused. While adopting Mr. Finlay's argument that there were no grounds for a lien, he would move for a removal of the cargo and placing it in a place of safety. Case Adjourned. Mr. McVeagh asked if the Court was going to grant the release of the cargo before it \vas in possession of the facts? If the case %as dismissed, the whole thing fell through. His Honor: If there is no lien on the cargo, has the captain the right to hypothecate the cargo? Mr. McVeagh: In the present case it is certainly one in which the captain can place a lien over the cargo. His Honor appeared dubious on that point. Mr. McVeagh: We also say-that all the consignees are not represented.

Mr. Meredith: I say they are represented. ■< Mr. McVeagh: Every consignee has to file an appearance, and I say that has not been done. . His Honor: If you can produce to show that the captain can hypothecate the cargo for the payment of wages that will go a long way. •Mr. McVeagh. said that if the ship were sold, it would-not realise enough money to pay what was owing. His Honor adjourned the case nntil Monday. y .