The Tergeste
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1902 |
| Date | 17 November 1902 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Phillimore, J.
The Tergeste
The GustafENR 6 L. T. Rep. 660 1 Mar. Law. Cas. O. S. 230 Lush. 506
The Immacolata Concezime 50 L. T. Rep. 539 5 Asp. Mar. Law. Cas. 208 9 P. Div. 37
Roberts v. HavelockENR 3 B. & A. 404
Wages Victualling allowance Maritime lien
356 MARITIME LAW CASES. ADM.] THE TERGESTE. [ADM. Monday, Nov. 17,. 1902. (Before PhillimoRE, J.) The Tergeste. (a) Wages - Victualling allowance - Maritime lien - Shipwrights - Possessory lien - Priorities. An allowance of money made to the crew of a vessel in consideration of their finding their own provisions is part of their wages, and they have a maritime lien in respect of it. The maritime lien of the crew for their wages takes priority of the possessory lien of shipwrights up to the time when the vessel is put into the hands of the shipwrights for repairs, and the fact of the master and crew being on board the vessel while repairs are being done does not oust the possessory lien of the shipwrights. Where a contract has been entered into to do certain repairs to a ship, the repairers have a possessory lien for the work they have done, although they have not completed all the repairs they contracted to do. ACTION by the master and crew against the owners of the Italian steamship Tergeste claiming wages and disbursements, and also a declaration that the crew were entitled to a possessory lien for work done to the vessel while in dry dock. The owners entered no defence to the action, but shipwrights, who claimed to have a possessory lien on the ship for repairs, intervened. The Tergeste arrived in London on the 9th March 1902. As she had suffered some damage on the voyage, and it was also necessary for her to undergo her No. 2 survey in order to keep her class, a contract was entered into with Messrs. Rait and Gardiner to do the necessary work. On the 8th April the vessel was put into Messrs. Bait and Gardiner's dry dock, and work was begun. The crew at the same time were also employed doing repairs. In June the contractors, having failed to obtain any money on account, stopped work, and on the 29th July, as they still remained unpaid, they commenced an action against the ship. She was thereupon arrested by the master and crew in the present action, and, as the owners did not appear, she was sold by order of the court, and the proceeds, which amounted to 3440l., less 201l., paid by order of the Vacation judge to the crew were brought into court. (a) Reported by Christopher Head, Esq., Barrister-at-Law. Evidence was called by the plaintiffs from which it appeared that the master was engaged at 18l, a mouth, including food, and the rew were shipped under Italian articles, and received forty lire per month as wages, and a further forty lire as a victualling allowance...
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