COUNTY COURT, WELLINGTON,

New Zealand Gazette and Wellington Spectator, Volume IV, Issue 333, 16 March 1844, Page 3

COUNTY COURT, WELLINGTON,

February 21, 1844. Before His Honor E. S. Halsvell, Esq. CIVIL SIDE. The only cause of any interest was Colder v. Lovett. The plaintiff claimed £10 10s. for services rendered to the defendant, owner and Captain of the sloop Royal William, in getting the vessel off the steeple rock at the heads. A teuder of £5 was made and refused. Hanson for plaintiff. Ross for defendant. All witnesses were ordered out of Court. John Griffin examined. — I am a mariner ; I live at the Pilot Station at the heads, and am in the employ of the plaintiff ; I remember on the Friday, the beginning of December, the «loop Royal William was off the heads ; she was on a rock ; her keel touched and her anchors were home ; I was in Calder's boat, and went alongside ; this was about four o'clock in the morning ; it was day-light ; thick and heavy, blowing and raiuing ; it blew pretty hard ; we went near the vessel ; Mr. Calder said " you are in a bad state ;" he answered " yes, I am;" the plaintiff said "how did you come here?" the defendant said "he mistook the bay for another place ;" he was bound for this port ; the plaintiff said "he had a kedge anchor on shore, and he would go and get it ;" the defendant answered " that was what he ioanted, as he wished to get off the rock ;" we returned on shore, and got the kedge anchor and run it out ahead ; as soon as we had hove taut, we went on hoard the Rojal William ; we got on board with our own boat ; we weighed the bower anchor ; with our own boat we took it out ; we went again on board and hove taut ; we then weighed the kedge anchor, and then we *ook the warp ahead to a rock ; then got *»th the anchors up and got her under weigh ;

when we got her off, her rudder was unshipped ; the lower pintels were broken ; the vessel was unmanageable generally ; we ireshipped the rudder with quarter ropes ; the. defendant said " if a S.E. comes on I cannot get out ;" the defendant said he should like us to go to town with him ; we came to town with him ; there were four men and the plaintiff; we took charge of the vessel and brought her into port; we came to anchor about seven or eight in the evening ; I do not think they could have released themselves without our assistance.

Cross-examined by Mr. Ross. — The vessel was ashore on the rock about a mile from our station ; at eight I had my breakfast, and the vessel was afloat ; the south-east came on just as we got un ler weigh, and it was all we could do to beat her out ; lam one of the Pilot's crew ; I receive no wages ; I receive pilotage, a share of each ship that comes in ; I get about four pounds a month ; I buy my own rations ; that is all I get ; I have been three or four months.

William Hall, examined. — I am a seafaring man at the Pilot Station. lam employed by the Pilot. I remember the Royal William being out at the heads, she was amongst the rocks at daylight in the morning, the weather was rainy and thick, and the vessel lay more than 400 yards from the station. We went off to her, and when we neared the vessel, the pilot went on board. There was dangeV of our boat getting on the rocks, so I remained in the boat. There was great difficulty in getting aboard. We returned to shore and brought an anchor ; we carried the anchor out, and threw out a warp ; we then returned and got up her own two anchors and carried them out twice. We did so a second time to place her in better security : we got a warp to the shore before ; this occupied about four hours. The Captain said he was afraid the vessel would fill. We found the moorer unshipped ; we all tried to get it shipped ; we hauled it up, and found the two lower gudgeons were gone. We went ashore to get our breakfast about eight o'clock ; about the middle of the. day we went aboard again. Captain Lovett was present, and did not object to our putting the vessel in order. Captain Lovet said — " it would be better for the Pilot and men to go up with us." The plaintiff said — " it would not be much more expense to him." We got in port about seven or eight o'clock ; excepting the time, we were ashore, we were coustautly employed on board the vessel ; it was blowing hard at the time, and he could not have got up the harbour then without us. There were three men and the Captain on board when we first went alongside ; they would never have got off without our assistance ; there was some risk to our boat ; their was more danger and risk than going on board a ship under common circumstances.

Cross-examined, by Mr. Ross. — We were employed about an hour in reshipping the rudder. After we got her afloat and went ashore, the pilot was on board, and we followed, as it was necessary to have assistance; we did render service, and went up with the vessel into port. We receive a share ;in the winter we get nothing ; now we get four pounds a month, or £3 10s., and we found ourselves out of it. I get my share of this verdict, whatever it may be ; I think it was near low water at the time. -

By the Court. — I suppose, under ordinary circumstances, the pilotage would be about £5.

Captain Richards examined. — I command the Government brig Victoria ; I have some experience : I have heard the Judge's notes read over, as to the services performed ; my opinion is, that from ten to fifteen pounds would be the value at their services.

Cross-examined. — I do not mean salvage, for under that head I should say much more was due ; I do not consider the salvage in this matter ; I think it migb.t be near the labour under ordinary circumstances ; I consider the boat-owner would run great risk to his boat, and would be entitled to a larger share ; I think the risk, at one such circumstanced, under paid at £15 ; a Pilot is only to bring a ship in, but it is his duty as a man to give extra assistance, and he is entitled to be paid for it. Verdict £10 10s. for plaintiff.