CAP. 41 4]
Supreme Court.
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 he acted as master of the "Northumbria", 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 thereon.
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.
Dated the
day of
(Signed)
19
}
A.B.,
Plaintiff.
ANSWER.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants admit the statements made in the 1st, 2nd, 3rd and 4th paragraphs of the plaintiff's petition.
2. Whilst the "Northumbria" was upon her voyage in the said 3rd paragraph mentioned, and before and until she put into Falmouth, as in the said 4th paragraph mentioned, the plaintiff was frequently under the influence of drink.
3. During the night of the 10th November, 1907, and the morning of the 11th November, 1907, whilst a violent gale was blowing and the ship was in danger, the plaintiff was wholly drunk and was incapable of attending to his duty as master of the said ship; and in consequence of the condition of the plaintiff much damage was done to the said ship, and the said ship was almost put ashore.
4. The damage in the 4th paragraph of the petition mentioned was wholly or in part occasioned by the drunken condition of the plaintiff during the said voyage from Cardiff to Falmouth.
312
CAP. 41 4]
Supreme Court.
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 he acted as master of the "Northum- bria", earned his wages at the rate aforesaid; and he also, as such master, made divers disbursements on account of the "Nor- thumbria"; 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 thereon.
2. Damages in respect of his wrongful discharge by the de- fendants.
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 mer- chants] of the amount due to the plaintiff in respect of his said wages and disbursements, and for damages in respect of such wrong- ful discharge.
5. Such further and other relief as the nature of the case may require.
Dated the
day of
(Signed)
19
}
A.B.,
Plaintiff.
ANSWER.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants admit the statements made in the 1st, 2nd, 3rd and 4th paragraphs of the plaintiff's petition.
2. Whilst the "Northumbria" was upon her voyage in the said 3rd paragraph mentioned, and before and until she put into Falmouth, as in the said 4th paragraph mentioned, the plaintiff was frequently under the influence of drink.
3. During the night of the 10th November, 1907, and the morning of the 11th November, 1907, whilst a violent gale was blow- ing and the ship was in danger, the plaintiff was wholly drunk and was incapable of attending to his duty as master of the said ship; and in consequence of the condition of the plaintiff much damage was done to the said ship, and the said ship was almost put ashore.
4. The damage in the 4th paragraph of the petition mentioned was wholly or in part occasioned by the drunken condition of the plaintiff during the said voyage from Cardiff to Falmouth.
312
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