Fell v The "Dorothy."
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1766 |
| Date | 01 January 1766 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 447
HIGH COURT OF ADMIRALTY
Wages.
BWBRELL9, FELL V. THE "DOROTHY" 447 Wages. [9] fell v. the "dorothy." Trin Term, Bye Day, 1766 - Q Whether mariners hiring themselves on a voyage from Shields to Chatham and back (but stating that as they were engaged in the Greenland service they must return by a certain time), having performed only half their voyage, on that account are entitled to any and what wages ?-Wages decreed for half the voyage witkooi costs. Dr. Cellyer.-This is a cause of substraction of wages brought by ... Fell for three guineas for a voyage from Shields to Chatham Fell and Carmichael informed . . . Maud, the captain of the " Dorothy," when he hired them, that they were mariners in the Greenland service, and that if he intended to continue at Chatham and did not return in proper time they could not stay. Maud said he had a wharf of bis own, that he should debver his coals without delay and return directly. I mention the circumstance of their engagement in the Greenland service as mariners because they give a bond, as such, to repair on board when they are required so to do ; that they are therefore obliged to be within call about the middle of January. The " Dorothy " sailed from Shields the 2nd, and arrived at Chatham the 7th of December. A fortnight after they delivered the cargo, took out the old bowsprit, and put in a new one ; then Fell & Co applied to Maud to sail back to Shield* piKsuant to their agreement, which he refused to do Fell & Co continued on- board Irom December 21st, when the cargo was delivered, till January 7th, when they again applied to the captain to return, but he refused The time being almost expired, on whici they were to repair on board the Greenland ships to save their bonds, they were obliged to leave the " Dorothy," the captain whereof knew they were in his power, and must either desert, as he terns it, or forfeit their bond. In January^ 1762 the action was entered, bail given, and a summary petition pleading these circumstances. 3 Sep. Hil T 1763, Stevens gave an allegation stating that Captain Maud gave more wages than the other vessels in the coal trade did ; that on December 9th he began to unload, that he was obliged to sell part of his cargo at Chatham at an inferior price, having received some damage which required repair, which ke employed some workmen to do, but could not get them to begin till after the Christmas holy days ; was...
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