"Margaret"-(Nunn)
| Jurisdiction | England & Wales |
| Judgment Date | 09 June 1835 |
| Date | 09 June 1835 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 394
HIGH COURT OF ADMIRALTY
[238] " margaret "-(Nunn) June J, 1835-Wages A wairant of arrest at the instance of foreign seamen-shipped at Ancona bv the master, who stipulated to procure them a passage back with wages-decieed against the freight and the master-the ship being gone and the claims of the men admitted , and upon the return of the ship to England, held also (the claims being unsettled), that the ship was liable for the whole demand-wages and osts On 31st May 1834, the above ship being at Ancona, the master lined four Italian aeamen, at £2, 5s each per month, and, in the presence of the British Consul there, entered into a written contract, that on the arrival of the ship in England they should continue on board, or that he would procure them a ship back to the Mediterranean with wages The ship airived at Chatham on the 5th of September, and the men continued on duty, on board, until the r th of October, when they were discharged, and desired to apply to Mr Peter Sanders of Mark Lane agent of the wners, for their wages On the 22d the agent paid them then wages to the 2d of October, and a further sum of £2, Os 8d among them on account of their maintenance, at the rate of Is 6d. per dtem, subsequent to that day The ship sailed-the master was insolvent-the men were left, destitute, in England ò and the agent, admitting their claims, declared that he had paid away all the freight The men applied to the Sardinian Consul and the Court, on the 21st of November, decreed-upon the affidavit of the seamen and an authenticated copy of the contract-a warrant to issue against the freight in h]s hands, and also against the master , but directed the wanant to be served, in the first instance, on the agent only A warrant was served upon the agent ; but he gave no appearance the action therefore proceeded in paetiatu, and after the four defaults had been granted, the agent (who admitted that he had received the freight, [239] but paid it away), to avoid further costs, and in the expectation that the ship would soon be in England, and in his charge as consignee, gave his bill at three months date, for £55-debt and costs -whereupon the matter was alleged to be under treaty. The ship arrived in England-but consigned to Messrs Stewart & Westmoreland of London They admitted the claim of the seamen against the ship, but refused to pay the costs Upon this, an action was, on 2d May, entered against the ship...
To continue reading
Request your trial
-
The "Songa Venus"
...being the costs of the producer of the fund. The authority cited in Meeson & Kimbell for the foregoing proposition was The “Margaret” (1835) 3 Hag Adm 238 (“The Margaret”), a decision of the High Court of Admiralty of England concerning a claim for crew’s wages, where the court held, at 240......