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(4) In an Action for master's wages and disbursements : a. ("The Princess.”)
Supreme
In the Vice Admiralty Court
PETITION.
of
[Title of Action.]
Writ issued
18
Ko
-
1. The Plaintiff, on the 10th day of February 1877, was appointed by the owner of the British barque "Princess," pro- ceeded against in this action, master of the said barque, and it was agreed between the Plaintiff and the said owner that the wages of the Plaintiff as master should be $10 per month.
2. The Plaintiff acted as master of the said barque from the said 10th day of February until the 25th day of October 1877, and there is now due to him for his wages as master during that time the sum of $850,
3. The Plaintiff as master of the said barque expended various sums of money for necessary disbursements on account of the said barque; and there is now due to him in respect of the same a balance of $350.
The Plaintiff claims-
1. A decree propouncing the said sums, amounting in the whole to 1200, to be due to him for wages and disbursements, and directing the said vessel to be sold and the amount due to him to be paid to him out of the proceeds.
2. Such further and other relief as the nature of the case
may require. Dated the
*
day of
18
(Signed) A.B., Plaintiff.
b. (The Northumbria.”)
Supreme
PETITION.
In the Vice-Admiralty Court of Wu &Kong
[Title of Action.]
Writ issued
18
-
1. In or about the roouth of July 1873 the Plaintiff was engaged by the owners of the British ship "Northumbria" to serve on board her as her master, at wages after the rate of $130 per month, and be entered into the service of the said ship as her master accordingly, and thenceforward served on board her in that capacity and at that rate of wages until he was discharged as herein-after stated.
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2. When the Plaintiff so entered into the service of the said ship she was lying at the port of North Shields in the county of Northumberland, and she thence sailed to Point de Galle, and thence to divers other ports abroad, and returned home to Cardiff, where she arrived on the 1st day of October 1875.
3. The Northumbria," after having received divers repairs at Cardiff, left that port on the 5th day of November 1875 under command of the Plaintiff on a voyage, which is thus described in the ship's articles signed by the Plaintiff and her crew before commencing the same; viz., A voyage from Cardiff to Bahia or Pernambuco, and any ports or places in the Brazils, or North " or South America, United States of America, Indian, Pacific, or Atlantic Oceans, China or Eastern Seas, Cape Colonies, West Indies, or Continent of Europe, including the Mediterranean Sea or Seas adjacent, to and fro if required for any period not "exceeding three years, but finally to a port of discharge in the "United Kingdom or Continent of Europe.”
&
K
4. The "Northumbria," after so leaving Cardiff, met with bad weather and suffered damage, and was compelled to put back to Falmouth for repairs before again proceeding on her voyage.
5. The Plaintiff was ready and willing to continue in the service of the "Northumbria," and to perform bis duty as her master on and during the said voyage, but the Defendants, the owners of the "Northumbria," wrongfully and without reason- able cause discharged the Plaintiff on the 23rd day of November from his employment as master, and appointed another person as master of the Northumbria" on the said voyage in the place of the Plaintiff, and thereby heavy damage and loss have been sus- tained by the Plaintiff.
6. The Plaintiff, whilst he acted as master of the "North- abria," earned his wages at the rate aforesaid; and he also, as such master, made divers disbursements on account of the "Northumbria"; and there was due and owing to the Plaintiff in respect of such his wages and disbursements at the time of his discharge a balance of 1080T, which sum the Defendants without sufficient cause have neglected and refused to pay to the Plaintiff.
The Plaintiff claims-
1. Payment of the sum of £108. 128. 9d., the balance due to the Plaintiff for his wages and disbursements, with interest thereon.
1 Ter days double pay, according to the provisions of section 137 of « The Merchant Shipping Act, 1854."
2 & Damages in respect of his wrongful discharge by the
Defendants.
The condemnation of the Defendants and their bail] in the amounts claimed by or found due to the Plaintiff. To have an account taken [with the assistance of merchants] of the amount due to the Plaintiff in respect of his said wages and disbursements, and for damages in respect of such wrongful discharge.
R 8946
5
$1180
debel
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