SCHOONER ARRESTED.

Taranaki Daily News, 12 June 1926, Page 15

SCHOONER ARRESTED.

MARGARET F. STERLING. WRIT NAILED TO MAIN-MAST. NEGOTIATIONS FOR SETTLEMENT. CARGO MAY BE DISCHARGED. Eleven quiet but deadly earnest seamen gazing steadfastly up as Deputy-Re.g.istrar J. W. Pooley, on behalf of the Supreme Court of New Zealand, energetically nailed a document on to the main-mast, several other interested persons standing nearby, and two photographers training their instruments on the ship from all angles—such was the scene that the spectator would have gazed upon had he been on the Newton King wharf at New Plymouth at exactly 12.10 p.m. yesterday. There were no spectators however. In a few seconds the ceremony was all over, and the schooner, Margaret F. Sterling, was an arrested ship. Solemnly the first mate read over to the crew who were responsible for the arrest the declarations on the writ transfixed to the mast, and the Marshal of the Supreme Court in its Admiralty jurisdiction (Mr. H. Gilmore-Smith) announced that the writ must not be removed without bis consent, anil the incident closed when the two officers of the Court, the attorney for the crew (Mr. L. M. Moss) and a Daily News reporter filed up the gangway on to the wharf. The wages of the ship’s crew have not been paid, and the Margaret F. Sterling may not now leave territorial waters without an order from the Court and the consent of the Marsha], who retains custody of the schooner. This consent will not be given until all claims have been met.

NO WAGES PAID. Four months ago, the Margaret F. Sterling, which had previously been the British schooner Vancouver, was purchased by her present United States owners, the Sterling Company, and registered at Blaine. She sailed from Tacoma, Washington, soon afterwards with a cargo of over a million feet of timber for discharge at New Plymouth and Wanganui. The vessel reached New Plymouth a fortnight ago yesterday, but since leaving the States her crew had been paid no wages, and the sum they demand on this account amounts to £529. Efforts have been made by the New Plymouth agent of the owner (Mr. J. H. Holm) to establish credit, and the men were daily in expectation of a draft to meet their wages claims, but none came, and the crew accordingly took the legal action which resulted in the ship being arrested yesterday. In accordance with the rules of the Admiralty Court, the American Consul at Wellington was notified on Thursday night of the intended action. The position now is that if the owners, within a week, do not make arrangements to pay the men, the crew may apply to the Supreme Court to have execution of their writ, and if their application is successful, the ship may be sold to pay the crew’s wages. Such a coruse is not likely, however. The writ was originally issued against the "ship, cargo and freight,” the .men not knowing then whether the freight had been prepaid or not. Since the issue ot the writ, it has been ascertained from the bills of lading that in the majority of cases the consignees have prepaid the freight. Their cargo will accordingly be released by the crew in the near future.

EARLY DISCHARGE POSSIBLE. Negotiations are in progress for a settlement, a conference having been, held yesterday between representatives, of the owners, crew and consignees, and it is understood that the deadlock is not likely to continue much longer. Credit fcr £2OO has already been established in Wellington, the owners having cabled 1000 dollars on account, but this sum will not go far towards paying the £529 wages bill, stevedoring charges and crews increasing provision bill. It is understood that Mr. Sterling, jnr., of Sydney, intends crossing to New Zealand on his fathers behalf to finalise arrangements with regard to the schooner. Of the million and a little more, feet of timber aboard, only 130,000 feet is destined for New Plymouth, the consignees being the Sash and Door Company, Boon Bros., Ltd., Jones and Sandford, G. b. Burton and J. W. Boon (Stratford). The. arrest of the Margaret F. Sterling, is the fourth case of its kind to be dealt with in New Plymouth during the last 60 years. The first case was in 1918, when the consignees of cargo brought by the schooner Ottilie Fjord .served the vessel with a writ claiming £5OO on account of damage to cargo. With the same ship in the same year, another writ was issued claiming £250 on account of damage to cargo. The third case was in 1920, when a writ was served on the American schooner C. S. Holmes claiming £BOO on account of damage to cargo. Though settlements were effected in each of these cases, judgment was not given in the case of the C. S. Holmes until two years after the issue of the writ.