The Sun.
London, England, 1823-07-15 00:00:00

7.4.8,NV INTIMLIG ENCE.

Moir COURT OF:ADMIRALTY, JIMY. 12.
.t FRAIALR sAILOR.
( Farther Particulars.)
Tilt SHIP JAXE ANTI' MAJITIZIL.
This WAS a novel and sinplar case ofnicrineetwitgae elahtv
ed by a 'retinae,.
In the month of Deeember,-1821, proceedings were instituted
In this Court by Elizabeth Stephens, spinster, in a cause of sub-
traction of wages, which she, claimed for services as cook and
steward on board the aboveautmed vessel. The owners having
become bankrupt,.the action was defended by their assignees.
In the original attestation of the. woman she swore to a debt of
811. 14a. but. in the • liedule annexed to the summary petition
(which alleged her having been shipped and hired on three sue.
cesaive voyages, between the 17th of May, 1817, and the 30th
of October, 1821)-, the amount wait stated at 811.25. and this
latter account was corroborated by three certificates of the Mas.
ter, that she had been chipped and hired on each voyage as cook
and steward, at the wages of 31. 15s. per month. Four wit.
offered one, allegtition, which was exceptive to the testi-
nesse* were examined on her part, but the opposite party
only
Many of Chandler, the Master, who was asserted to have co-
habited with the woman on board as his wife ; and this allega-
tion was rejected.
The matter had been several times before the Court in its
different stages ; and Mier hating it fully argued, the Learned
and Noble J cage. (Lord Stowell) this day delivered his judg-
ment nearly as follows
4, I ton driven to the necessity of,tiving a decree in this case,
which I would gladly have avoided. It is a case that presents
itself upon evidence on one,wide only, and on a claim, which T
have no particular wish to encourage, for man's work done by
female, and under circumstances whicht-if generally brought
iitto practice, might lead to a good deal of moral disorder, with
the consequences likely enough to flow from it. It is like.
wise a chine against.tx bankrupt estate, in which the parties re-
Sistine the claim have produced no evidence, and in truth have
offered none but such as could not ,be admitted without a
breach of the established tales of practice in this Court. •
" If' due diligence and attention have really been used in
procuring evidence I can only say they have been unsuctessful
•In their results ; so'd that I think would have been reason for
private compromise: flowevert no
zap
intimations which I have thrown
tOeceedinugtargittitloatb7ecirnnleestcili)te,ii?la'totft3 I must follow the course which the
pestles have prescribed to se.
" It is zt claim, as I have said, for a man's work done
by a female, and this work done on board a ship in two
ellracitisit, one as cook and steward (for these are united
Ofnees), the other as keeper of the ship and het stores in har-
bour or dock. The two first ernployments combined are not
thought derogatory to the female character when their offices are
performed on land ; for they are so performed In most families
under the corresponding cities of cook and housekeeper. But
the are employments very rarely so filled on board of ships,
an it is *treble that they should 'so continue, for the reason
already alludefto,
be WO likely to that if the practice became frequent it might
to convert ships, into places of irregular indulgence.
'.l here occasion enough to fear,' that the lawful-OM.
rn,r4.4' of the aster would not be the only commands ,to
Obedlencu would be given.DlAL if the fact
has been that the Captain has had the entire management of
the ship given up to him, without any attention on the part of
the other Own
ors; and has employed such a cook and- stewart,
without objection
from them ; and if the service belonging to
such employments has been actually and properly, performed,
and the expence
and her owners, it is surely too late to object to the payment of
of another cook and stewart saved to the ship
the wages ordinarily due for such services, merely on the ground
'
theb eea of the person employed in Peforintng them.
.The
has been dorie, and well done ; and being soi I hardly
conceive that *rich an obection is legally maintainable. It may
be said, and has been saki,
that the person acting abroad, acts
(and is expeeted' to do soy as mariner likewise. 'lt will appear
an her Servinghei
upon the evidence that this personditi snin a great 'degree,—
The witnesses speak to exhibitions both of skill and siren for
lending her }AWN, which were sufficiently robust, ut the pulling
due time in her turn at the helm, and in
'of ropes upon the deck.
"The other capacity in which she served is that of ship-
keeper,for a long space of time, in which the. vessel remained
in dock or harbour,- during all which tine she had the business
of keeping the ship'elean by frequent washing, and of looking
to the ante custody of the stores:left on boards. This is an em-
ployment not usually consigned to females, though there is
:307ee evi4nce that' women do live on board ships in such situ-
ations with their :fareilies,.Alid occasionally perform such duties:
and 1- ski not see why,' if they Actually . have per formed the,
services without objeation the objection Of ilex should be urged
in
its te„pe enylesa any more than the housekeeper.
bar of the ordinary remuneration; or wby
,the shipkeeper is
be tint Witness is the Captain—certainly a palm on
whose evidence I am not inclined to rest much, though I do
notate. that his veryorcibly inapn
either by the manner
h f
in which gned,
4.4 e hai given it, or by what- ie'antorted from hint cm
the cross-examination. There may be reasons enough to Ws.