High Court Of Admiralty, ...
This was a cause of subtraction of seamen's wages. The circum- stiaes under which the claim w8s originallyn made and resisted ,were somewhat singular;. and were considered, both by the counsel and the judge, to be of the utmost importaxlce to the shipping and commercial interests of the country. The party proceeding for his wages (and there were two or three actions depending upon his suit) was a man named Sullivan, who, in the month of July, 1822, was hired by the iaster of. the Countess of 'Harcourt, to serve- as a mariner on board that vessel, en a voyage, described to be irt the ship?s articles, "f rom the port of London to Van Diemen's Land, via Cork and elsewhere, and back to the port of London." These articles were subscribed by Sullivan and the ret of the crew,. abdr the ship sailed to the Downs, *here she took in uDssMa of 170 male convt:ts, and government sto;es for the service of the colony_ She then pursued her course, noF to VRiiDEameh'iVInd, but to Sjdney, in New South Wales; where, baving deliveredher storeg and the convicts, she saited to ]Batstvia At Bma'via shetool in an_ other cargo, and the master informed die crew that their next destt- nation was some port in Ilolland. SEa'ivn and three others de. murred to this course, and contended that they hat embarked on the underAtanding that they were to retn. froTn the Indiau sea direct to lIondon. Three of the men left the ship in consequence of the master'a persisting in the tdeterminitioa of making the Datch vovage; and SuUivan although he accompa- nied her to Rotterdam, did no duty on boal. Aftrr the Countets of Harcourt had arrived in the Dowrns, these seamen, together with Sullivan,laimed the'ageS ducvupon the wholeoyageontaind home, agreeably to their constructon of the articles.; but payment was re- fused, on the ground thawt by desertion they hadwowred a forfiture Dlr. JENNER and Dr. J. AnAsr b were heard for the master and owners; andi Dr. LuSEIIGTOrT in Support of the annerines' sufnmary peti. tion._Judgment deferred. THE RAIKES. This was a West Indiaman, valued at 12j4041. ship and -catgo. She was assisted and tovwed into hatbouT, after haing taken the ground on the Break Sand on the 5th of December, by the Monarch? steam.boat of Dover. The circumstances of the salvage were not of any peculiar character; but as this was the first instance of salvage eft -aed byasteam-vessel, the Court reversed a fonner award of 1151, and gave the captain and crew 2001. HIGIr COURT OF ADAI1RALTY, FRIDAYS IMIAY 7. TH7 COUNTESS OF WARCOUURT.