The "Caledonia"-(McDowall Master)
| Jurisdiction | England & Wales |
| Judgment Date | 20 December 1855 |
| Date | 20 December 1855 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 994
HIGH COURT OF ADMIRALTY OF ENGLAND
S C 26 L. T. (O. S) 177; 2 Jur (N S.) 48, 4 W. R. 183. Followed, The "Glentanner," p. 415, post Considered, The "Feronia," 1868, L. R. 2 Ad. & Ecc. 74; Hamilton v Baker, 1889, 14 A C 209 Referred to, Hawkins v Twyzill, 1856, 2 Jur (N S.) 302
[17] the " caledonia "-(McDowall, Master) December 20, 1855.-Claim for master's wages under section 191 of Merchant Shipping Act, 1854-Former state of the law-Course of proceeding under the present statute -The master must bring his claim for the whole amount of wages due, and cannot, in the first instance, go into any account between himself and the owners The owners may either pay the wages claimed, or go into the whole account between themselves and the master. The mortgages in possession can be in no better position than the owners-but £50 paid by them on account of wages since the vessel came into their possession was held not to open up the whole account incurred between the master and the owners [S C 26 L. T. (O. S) 177 ; 2 Jur (N S.) 48 , 4 W. R. 183. Followed, The " Glen-tanner," p. 415, post Considered, The " Feroma" 1868, L R. 2 Ad. & Ecc. 74 : Hamilton v Baker, 1889, 14 A C 209 Referred to, Hawkins v Twyz^ll, 1856, 2 Jur (N S.) 302 J This was a cause of subtraction of wages, promoted by James McDowall, late master of the ship " Caledonia/' against the said ship and freight, and also against the "caledonia" 905 Alexander Macf ariane and David Forsyth, the mortgagee in possession oi the said ship. IitApril11854, MoBowall was hired by Archibald Galbreath & Co. to command the " Cadedoma " on a voyage to Melbourne, &c., and back to a port in Great Britain, at the wages^ of £200 per annum, and a commission of 2£ per cent, on the net profits of the voyages. The vessel proceeded on the voyage, and returned to the port of Lonion, under McDowall's command, about the 25th July 1855 ; on the 3rd August she was taken possession of by Messrs Macfarlane & Forsyth, as the mortgagees, and McDowall was suspended or discharged from the command. Being unable to obtain payment, MeBowall entered an action in the Admiralty Court, in the sum of £1000, and arrested the ship and freight. An appearance was given for the mortgagees in possession, and the vessel was bailed. The action was entered at £1000 in order to cover advances made by the master on account of the ship and bills of exchange drawn by him en his...
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