The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-01-27 00:00:00

NOVEL CASE UNDER THE NEW MERCHANT

SEAMEN'S ACT.

Yesterday, six seamen who had performed the voyage
from this port to the river Bonny and back, in the ship
Kingston, preferred two informations against the owners
of the vessel, under the Merchant Seamen's Act,—the
first for a short supply of provisions while on board ; and
the second, for an insufficient supply of lime juice, vine-
gar, and sugar. The vessel belongs to Messrs. John and
ItiChard Rollinson, one of whom appeared in Court, and
stated in the outset, that he did not consider they were
themselves amenable to the complaint,inasmuch as the ship
had been chartered at so much a month for the voyage,
by Mr. Harrison, (who was ready to take the re-
sponsibility), and they (the owners) had had nothing to
do with provisioning the ship.
Mr. Rushton said, that the Act imperatively threw
the responsibility upon the owner or the captain, in such
cases, in the same manner as in claims for seamens'
wages ; and as the captain who took the vessel out bad
died, he had no other resource but to hear the case
as against the former.
Mr. Rollinson said that, in that case he must submit;
but, as he was not really to blame, if any wrong bad
been done, he trusted the reporters of the press would
represent that fact, so that he might not be placed in a
false and indefensible position.
Mr. Rushton said that, certainly, under the circum-
stances stated. no blame could be attached to the owners
of the vessel, whatever were the result.
Mr. Robert Norris, solicitor, appeared for the defence,
and the witnesses being sworn, a seaman named Cheese-
man, and another named Woodward (the carpenter),
Watson, and others gave evidence successively.
From this, it appeared that, they had signed articles in
the usual way, and that these articles specified the quan-
tity, and kind of provisions that should be served out,
day by day. They sailed from this port on the 7th of
May last, under Captain W. Miller, who died on the
Coast about three weeks after their arrival. They pro-
duced a statement, written from time to time by two of
them, setting f'rth the defalcations of provisions, &c.,
with the dates of the commencement and continuance of
such short allowance. It appeared that about the 3d of
July. half a pound of flour per week, per man, was stop-
ped, and nothing given in lieu of it. From the 18th of
September they had no allowance of lime juice, &c. On
the 2d November, the new captain put on board, put
them again on full allowance, but they received no lime
juice on the passage home, and for some time their allow-
ance of pork and beef was reduced from one half-pound
to one quarter pound, and on one day a-week the pork
was omitted. On the 22d November their pound each,
per week, of sugar was stopped, and from the 25th of
that month their allowance of beef and pork was reduced
one quarter pound on each day when it was served. The
vinegar was stopped on the 20th Decercber, as it fell short.
There were various other items and circumstances men-
tioned, but they were of little importance. It is proper
to state, however, that the complainants stated, that
both Captain Miller (the deceased) and Captain Kneeves
who brought the ship home, treated them with great
kindness and consideration throughout; and that the
fault of being short of provisions and other necessaries
lay entirely with the cargo-master or captain, (named
Dyson,) on the coast, who improvidently and wrongfully
made away with the ship's stores. They spoke highly of
both their sea captains. both having occasionally got
them such small quantity of fresh meat as they could
purchase. On one occasion, they had received from
Captain Miller, on the coast, the hind-quarters of a
goat, and from Captain Kneeves, on the passage home,
some canisters of beef, and a pig, purchased by him at
sea. The court was finally of opinion that no blame
was to be attached to them, or to the owner or char.
terers ; and that enough bad been put on board to serve
the voyage, had it not been given away and improvi-
dently used by Dyson ; but that the act required that the
men should be paid for the deficiency by the only tangi-
ble persons, the owners of the ship. A calculation was
then made of the amount, and it was agreed to so far, as
reasonable at 4d. per day, on each day of defalcation,
making in all about 38s. 6d. to be paid to each man, sub-
ject, however, to a revision against to-morrow. Captain
Kneeves was present, but as he could not say that the men
had their full allowance throughout, though they had got
all the ship had to give, he was not examined, as his
testimony could not have altered the decision.