639478-1896-Bills-read-Widows---Orphans-Pensions-Amendment-Supplementary-Appropriation-Sale-of-Food-and-Drugs-Supreme-Court-Admiralty-Procedure-Marriage-Amendment-Prison-Officers — Page 36

THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.

"Continent of Europe, including the Mediterranean Sea or

"Seas adjacent, to and fro if required for any period not

26

exceeding three years, but finally to a port of discharge in the United Kingdom or, Continent of Europe."

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 his duty as her master on and during the said voyage, but the Defend- auts, the owners of the Northumbria," wrongfully and without reasonable 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 sustained by the Plaintiff.

6. The Plaintiff, whilst ho acted as master of the "North- umbria," 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 $1,080, 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 $1,080, the balance due to the Plaintiff for his wages and disbursements. with interest thercon,

2. Damages in respect of his wrongful discharge by

the Defendants.

3. The condemnation of the Defendants [and their bail] in the amounts claimed by or found due to the Plaintiff.

4. 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. 5. Such further and other relief as the nature of the

case may require.

579

Dated the

day of (Signed)

18

A.B., Plaintiff,

ANSWER

In the Supreme Court of Hongkong, Admiralty Jurisdiction.

[Title of Action.]

1. The Defendants admit the statements made in the 1st, 2nd, 3rd, and 4th articles of the Plaintiff's petition.

2. Whilst the Northumbria" was upon her voyage in the said 3rd article mentioned, and before and until she put into Falmouth, as in the said 4th article mentioned, the Plaintiff was frequently under the influence of drink.

3. During the night of the 10th November, 1875, and the morning of the 11th November, 1875, whilst ́a violent gale was blowing and the ship was in danger, the Plaintiff was wholly druk and was incapable of attending to his duty as master of the said ship; and in consequence of the con- dition of the Plaintiff mich damage was done to the said ship, and the said ship was almost put ashore.

4. The damage in the 4th article of the Petition men- tioned was wholly or in part occasioned by the drunken condition of the Plaintiff during the said voyage from Cardiff to Falmouth.

5. The Defendants having received information of the above facts on the arrival of the said ship at Falmouth, and having made due inquiries concerning the same, had reasonable and probable cause to and did discharge the Plaintiff from his employment as master of the said ship on the 23rd November. 1875.

6. The Plaintiff, on the 12th day of November, 1875, whilst the said chip was at Falmouth, wrongfully and improperly tore out and destroyed certain entries which had been made by the mate of the said ship in her log-book