SEAMEN'S WAGES.

New Zealand Herald, Volume XXV, Issue 9066, 29 May 1888, Page 5

SEAMEN'S WAGES.

There were a number of cases brought before the R.M. (Mr. Baddeley), yesterday, under the 72nd clause of the Merchant's Seaman's Act, for the recovery of wages. Robert Sopworth was charged with neglecting and refusing to pay wages to William Williams, after having engaged Williams to serve as chief officer on the barque John Knox, trading between Kaipara and Sydney. Mr. E. Cooper appeared for the complainant in each case following. The defendant pleaded guilty. The engagement was at the rate of £8 per month, and amounted to £34. Mr. Cooper said he would ask that the amount be paid within a certain time, and also to make an order for the sale of the barque in case the money was not paid. A like charge was made against the same defendant on behalf of George Hunter for £19 Is, four months and seven days' wages, at £4 10s per month. A like charge was made on behalf of John Newman for £5 Is 4d, at £4 per month. The R.M. made orders for the several amounts claimed, to be paid within one week, the defendant pleading "guilty" in each case, and in default, that distress shall be levied on the ship, and it be sold with all tackle to pay the demands made by the seamen. Mr. Cooper stated he believed the owner had practically given up the ship. Robt. Morrow Houston, owner of thebarque John Knox, was also charged by Robert Sopworth with refusing and neglecting to pay his wages as master of the barque John Knox, amounting to £50, at the rate of £14 per month. A like charge was made against the same defendant, Robert Morrow Houston, by John G. Risten for £23 5s 8d wages due, at £5 10s per month, for services as boatswain. The defendant did not put in an appearance in either case. Mr. E. Cooper appeared for the the complainants. When the question of the service of the summons was raised, it created a difficulty not met with in the other cases, in which the master of the ship was served. Clause 292 of the Act relative to this point reads : " Service of any summons or other matter in any legal proceedings under this Act shall be good service if made personally on the person to be served or at his last place of abode, or if made by leaving such summons for him on board of any ship to which he may belong with the person being or appearing to be in charge of such ship." The point was raised that while a ship might belong to an owner, or a seaman to a ship, the owner could not be said to belong to his own ship. Mr. Cooper stated that while the owner was not exactly a consenting party to the proceedings, he was aware of them, and would not, he believed, resist them. On this, the R.M. suggested that inasmuch as personal service had not been made, the owner's consent to the sale of the vessel should be obtained if possible, and Mr. Cooper agreeing to try to obtain such consent, the M. adjourned the case till Wednesday.