POLICE COURT.-Thursday. [Before James O'Neill and J. S. Macfar-LANE, Eaqs., J.Ps.]

Daily Southern Cross, Volume XXVI, Issue 3970, 13 May 1870, Page 4

POLICE COURT.-Thursday. [Before James O'Neill and J. S. MacfarLANE, Eaqs., J.Ps.]

Drunkenness. — Carl Hoggerest, Alice Murpky,aucl Thomaa John3ton,were punished for a first offence.

Non-payment or a seaman's Wages.— George Short was charged by a rchibald Weir with a breach of the Merchant Shipping Act, 1854, by refusing to pay the sum of £4 165., balance of wages due as seaman on board the 'Fiery Cross.' Mr. J. B. Russell for the defendant ; Mr. Wilson for the prosecution. — Archibald Weir, mate of the ' Fiery Cross,' said : I was shipped on the 29th March as mate, at Dunedin. I was engaged at *8 per month to go from Dunedin to Auckland, from Auckland to Mercury Bay, and from there to Oamaru, in the province of Otago. I was to be discharged in Otago, ;is I told defendant it would not suit me to be discharged up in Auckland. I was discharged on the 9fcli instant. Defendant said he did not require me any longer, as he had takeu his brother as mate. I now claim £4 16s. as balance of wages due. — By Mr. Russell : My agreement was made in Dunedin. If he chose to pay me off when we returned to Oamaru the contract would be ended. He, however, discharged me in Auckland. Had he discharged me in the middle of a month at Oamaru, I should have considered myself entitled to claim for the whole month. — By Mr. Wilson : Had I been discharged in Oamaru I should not have brought this action. — Mr. Russell contended that the ' action should have been brought, not in the form of a claim for wages, but for damages for a breach of contract in not carrying him back to Oamaru. — The Bench called George Short, master of the ' Fiery Cross, ' who deposed to having hired plaintiff in Dunedin at the rate of £8 per month, but for no specified time, and without mention of any place where plaintiff was to be discharged. Plaintiff wanted to leave at Port Chalmers. Discharged plaintiff at Auckland, and paid him. He wanted wages for the full month. Had no fault to find with him. — The Bench remarked that the receipt was signed "Received on account." — Mr. Russell argued at great length, contending that plaintiff had mistaken his ground of action. Having sued for wages, he could only claim for the amount of work done. — Mr. Wilson replied, contending that the custom was to hire seamen by the month, and where a seaman was discharged in the middle of the month he was entitled to claim for the whole. — The Bench remarked that the evidence was conflicting, and dismissed the case. — Mr. Russell applied ' for costs. — The Bench declined to allow co&ts. — This concluded the business.

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