ADMIRALTY COURT.

New Zealand Mail, Issue 993, 13 March 1891, Page 26

ADMIRALTY COURT.

Saturday, March 7(Before h)3 Honor the Chief Justice.) LAMBERT AND OTHERS V. OWNERS OF 7 HE S.S. ROVENA. This was a claim made by the captain and certain of the crew of the s.s. Rowena for wages and disbursements, together with costs oE maintenance since the action commenced. Mr Jellicoe appeared for the plaintiff, Mr C. H. Izard for Hendley, the mate, and Mr Gray for Mr J. M. Cleland, as holder of a mortgage over the vessel. Mr Jellicoe, after opening the case, objected ti Mr Gray appearing, as his client had no status. Tho mortgage had not been registered, owing to the fact that the mortgagee (one Ross) at the time of its beiDg executed was a min-.r. If it was neceßsary to disprove Mr Cleland’s right to the mortgage he (counsel) would have to make some startling disclosures. After some further argument his Honor said he would grant Mr Gray the right to appear in the ease, but this decision must not be taken as an admission of the validity of the dooument. Captain Rambert then gave evidence to tho effect that.he was engaged on December 12th to take charge of the Rowena, The engagement was made by Mr C. F. Richmond and Mr Ross, sen. Witness understood that Ross was the owner, and the latter gave instructions that the vessel should be manned and properly furnished, and put iu a sea-going order. The steamer was in Auckland, and Captain Lambert went there to take charge, but some delay was experienced in gottiug possession, as tho Northern Steamship Company would not allow her to go until the first instalment was paid. Got away on December 22, and made the first voyage to the Picton Sounds on New Year's Eve." The steamer, however was not in a proper state, and in accordance with the orders of the Government authorities, she was placed on the Slip on January 31st, for the work don« there a liability of £39 bad been incurred. These repairs had been done by Messrs Luke and Sons and E. W. Miils, ar.d witness had been told ho would be sued for the price of these, although they were carried out by the order of Ross, sen. F. W. Cottrell, agent for the vessel, gave evidence that he was appointed agent through Mr Richmond. The Rowena cams down from Auckland under a permit. Witness told Mr Richmond that she wou'.d require to go on the slip, and this was done after she had gone several trips, carrying sheep and cattle. The liabilities incurred by the steamer amounted to about £450, and witness, who had promised to see this paid, had been threatened with proceedings. An incomplete deed of partnership had been prepared for the purchase of the Rowena between lloss, a Maori, two divers, Jenkins, and Captain Lambert* the Maori to find the

money (not more than £450), Ross to do the management, the divers to dive, Jenkins to provide one man, and Captain Lambert to be the master. In regard to this document, Mr Jellicoe pointed out that the mortgage to Cleland was signed over a week late, and under any circumstances could only be a mortgage of Ross's Bhare. The evidence of Ross, junior, as to the circumstances attending the preparation of the mortgage having been given, the Court adjourned till Monday, at 10 o’clock.

Iu the Admiralty Court on Monday, before his Honor the Chief Justice, the hearing of the argument in tho Rowona case was continued. His Honor said, that after the evidence that had been given, he was of opinion that the plaintiffs were entitled,to a decree. Mr Gray admitted this was so, and after several legal points, mainly relating to costs, a decree was made against the vessel for the payment of all wages due up to the date of the action, victualling money for Beven days and extra pay for ten days. An acoount of the disbursements was ordered to be prepared, any question to be argued on that point to bo dealt with at a future date.