SHIPS’ ARTICLES

New Zealand Times, Volume LII, Issue 12092, 20 March 1925, Page 6

SHIPS’ ARTICLES

DO THEY COVER VITUALUXG ALLOWANCE? TOIXT BEFORE ARBITRATION COURT. . Yesterday, at the Arbitration Court the engineers employed on the steamer Kailaanawa claimed victualling allowance as par clause 13 of the award during the time the ship was laid Up for repairs by reason of the fact that they had ao» signed off the articles. On behalf, of the employers Mr W. G. Smith submitted that the fact that the engineers had not been signed off the ship’s articles was immaterial as clause J 1 of the award made special provision as to the payment of, engineers when » steamer was out of commission or laid up for repairs It was submitted that the question as to whether a vessel was in commission or not was a question of fact and did not depend upon whether her articles wore open or not. as bcin| in conimis: ion implied the active employ, inen't of the vessel in trading, and il could not be contended that when a vessel was -under overhaul or undergoing repairs at a repair yard that she was in commission in the ordinary acceptation of the term. Apart from this it wa« not disputed that the ve v.as actually laid up for repnirs. and it was submitted that this was conclusive under the terms of elans® 11 of the award and that it was not necessary to show that the vc.-sel was also out of commission in the scn&e intended by the institute. , EMPLOYEEK’ CONTENTfON. Mr Walter Somerville, who appeared for the engineers, contended that when the men signed thfc articles they signed for their sea pay .and their keep. /*\Ye have not taken into consideration whether a ship is in commission.” His Honour: You say because the articles have not closed the ship cornea under the Shipping and Seamens Act?— That is so. Mr Smith said the Shipping and Seamen’s Act did not say anything about supplying the men with food; it was simply an agreement. His Honour: Wc will consider that; i» is rather an interesting point.