LYTTELTON.

Press, Volume XVIII, Issue 2490, 24 April 1871, Page 2

LYTTELTON.

Satukday, April 22. [Before \V\ Donald, Esq., R.M.] Civil, Case—James Gallagher v. Captain and Owners Lord Ashley, claim £24 18s for wages. Mr Cotterill appeared for the plaintiff, and Captain Andrew conducted his own case on behalf of the owners of the vessel. This was an action brought by Gallagher against the vessel for nearly three months' wages due. The Captain denied liability, as the man who had been a fireman on the vessel had deserted, on the last trip when lying alongside the wharf. From the evidence it appears that the plaintiff went on shore to buy some tobacco, and meeting friends got drunk, and was locked up and fined 10s for the offence, but the vessel had sailed before he was released. On her Tcturn he reported himself on board, and was told that he was not wanted, as another man had been engaged in his place. He then sued I the Captain for wages due, he having been engaged for six months, only three of which had expired. Mr Cotterill, for the plaintiff, contended that the man had not deserted, but owing to being locked up could not get on board in time. He had, however, reported himself on her return, and maintained that he could claim six months wages, but had only claimed for the time served on board. Captain Andrew said that the man had been written off the articles as a deserter, and was not entitled to any wages. He did not wish to be hard, but it was not the first time he had left the vessel and she had to wait for him before. It had become a practice with the men to go from the vessel when she was alongside, and he wished it to be understood that they could not leave the vessel without leave with impunity. He was willing to pay the man two months' wages, although he could not legally claim any. His Worship agreed with Captain Andrew that the man was not legally entitled to any sum after leaving the vessel as he had, but as the Captain said he would pay two months' wages, he would give judgment for the plaintiff & 18, he to pay all costs.