RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXIX, Issue 4123, 8 June 1874, Page 3

RESIDENT MAGISTRATE'S COURT.

♦ Satdrday, June C. (Before J. C. Crawford, Esq., It.II.) DISOIJEniEVCK OF OlUli'llH. H. Scott and H. Beaumont, two seamen on board the barrme Chevert, were cliarged with disobedience of orders. The fact'was admitted by the defendants, who stated that they had not signed article", and therefore could not bo compelled to stay on board the vessel. Captain Martin, of the Chevert, stated that the English and Ereueh maritime law differed in that respect. It was not tho custom to sign articles on board a French ship. The men were taken before a Consul, where a declaration was made which was hold to be binding on both parties. This form was* gone through by the defendants before tho French

Consul at Newcastle, and they were therefore amenable to the. penalties of the law if they did not observe the conditions of their declaration. The defendants said nothing was ever read over to them, they signed nothing, they were totally ignorant of the terms of any declaration that might have been made before the French Consul at Newcastle, and it was difficult to understand how they could be bound by a declaration they had never seen or heard spoken of. In answer to a question from Captain Martin, the defendants admitted having received their advance notes, aud this fact was put to the Court as clear proof of the existence of an agreement, the terms of which were that the defendants were to receive <£s a month. Since they had come into port they had heard of the high wages ruling, and wished to get away from the ship. The defendants stated that they had not been ashore previously, and were consequently unaware of the rate of wages ruling. Their only object in refusing duty was to determine the question whether or not they were bound to serve on board the vessel, in the absence of any agreement. They wished to go away from her because she was unseaworthy. Her rigging was so rotten that it was unsafe to go aloft, which was proved by one of the crew losing his life on the voyage from Newcastle. Her masts also were dangerously unsafe, and they were afraid of losing their lives. It was difficult, too, for them to understand why they should be subject to French law, when everybody and everything connected [with the ship was English. However they had already stated that they objected to go to sea in her because she was unsafe, and they did not intend to do so. The Captain stated that he had had the vessel surveyed and she was declared to be thoroughly seaworthy. His Worship said, that as the defendants had chosen to go on board a French vessel, they must be content to abide by French law. He should commit them to gaol for fourteen days with hard labor.