ARRESTED SHIP.

Press, Volume LXII, Issue 18674, 24 April 1926, Page 16

ARRESTED SHIP.

"A HOPELESS MESS." lien over the cargo. (PRESS iSSOCIITWK TELIO.IM.) AUCKLAND. April 23. A fortnight ago the American barque Guv C. Ross was arrested at Central Wharf for debt, and at present lies in the stream. It was to have been the subject of Admiralty Court action last Tuesday, but this was adjourned until this morning. The action was brought before Mr Justice Herdman by the consignees* as plaintiffs, against the cap* tain and crew as defendants, for an order of discharge of the cargo from a writ of arrest issued at the instance of the captain and crew. Mr G. P. Findlay represented the consignees, Air V. B. Meredith, Crown Solicitor, and Mr V. X. Hubble, the Public Works Department, as consignee, while Mr T. X. Holnideu appeared on behalf of the crew, and Mr R. McVeagh for the master, Captain D. Didrich. Considerable difficulty arose when the case was called. Mr Findlay said he appeared in support of the motion, and Mr McVeagh intimated that he appeared to support the action. Mr Findlay: That can't, be. The I notion has not been set down for hearing. His Honour: Surely that cannot bo? 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 th j first day of the hearing, but he understood that the action had been set down. Mr Meredith said he appeared for the Public Works Department, and was concerned only with the question whether a lien could be put 011 the cargo, and he submitted that it could not be done. Tlis Honour: How can that come before me! Mr Meredith pointed out that there was a motion to that effect. His 'Honour: The cargo has not been arrested? Mr Findlay: The ship and cargo have been arrested, Sir, and we want to know if that is right. Jt is the motion of discharge that concerns Mr Meredith ami.myself. We have nothing, to do with the action. His Honour: What have I to deal with? Mr Findlay: With the motion of the consignees, Sjr. Mr Meredith said there was a separate motion on behalf of the Minister o£ Public Works, and it would be convenient to take the two together. Mr Holmden made it known that he appeared for the crew. His Honour: You,all appear, to be.in a hopeless mess., Mr Holmden insisted that the crew had.a right to appear. 1 His Honour asked what proceedings he had to take. The Rights of the Crow. Mr Holmden said there was a. writ oii which he had obtained a lien on the ship and cargo. The question whether the lien was-a good one or A'bad one would depend on the ship's articles. He submitted that th,e crew was entitled to a lien oii 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 consignees were hot present, and he submitted that before the Court could deal with the question they should be present. Mr McVeagh said there was 110 doubt that the captain and crew had a clear right to a lien against the ship. It was another question when it .came to the cargo. His Hon.our said the best thing would be' to call the American Consul. Mr McVeagh intimated that he had seen the American Consul, and the latter had refused to produce the ship's articles without an order from the Court. His Honour would have to be satisfied that there was a lien on the cargo. •' • Mr Hojmden said .they were in the dark. The present motion was one for the discharge ,of the cargo; and they had not the contract before them which set out what the voyage was. 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 be produced, so that they could determine what the voyage was, and that all the consignees should be represented >at the hearing of the motion. ' His Honour: How many, are not represented? . Mr Findlay: I claim to represent them all, • with the exception of the Public Works Department, His Honour: Do you want an adjournment, Mr Holmden f Mr Holmden said he considered the case should be stood down. It was vital in the interests cf the crew that the articles be produced, and all consignees represented. His Honour said the difficulty was to know if the law of New Zealand applied, or whether it was the law of the United States.' He thought the American Consul could prove that. Entitled to Consideration. 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 had been no replies. The captain and members 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 enquiry. The articles would have to be produced. His .Honour said that, in the case of the payment of wages of members of the crew of a foreign ship, application may be made to the Consul. Mr McVeagh said that had been done His Honour: That would bo sufficient to enable the men to arrest the ship, but I have to be satisfied that I have power to hear the case. After further argument the case was adjourned until Monday;