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Colonial Cases

R v. Cameron, 1870

[maritime offence]

R. v. Cameron

Supreme Court of China and Japan
31 August 1870
Source: The North-China Herald, 8 September 1870

 

LAW REPORTS.

SUPREME COURT.

August 31st, 1870.

Before G. JAMIESON, Esq.

Regina, at the instance of H.B.M.'s Consul v. A. CAMERON,

Master of the British ship "Wild Deer."

   Mr. TAPP, for H.M.'s Consul, said the case was brought under the 212th section of the Merchant Shipping Act, 1854.  A seaman named Silvestre Gracia, who had been left behind from the steamship "Rona," in hospital, and who could not obtain employment in consequence of the sickness under which he was suffering, was sent yesterday with a constable on board the vessel, for a passage to England.  He handed in the written refusal of the defendant to receive the man, together with the order of conveyance.

   The Defendant said he had refused, and still refused, to receive the man on board his vessel, as he had no accommodation.  He also said that he had not received any intimation that any distressed seamen were to be sent by his vessel; and he left it entirely to the Court to fine him for his refusal.

   Mr. TAPP said that notice had been sent some time back to the defendant, through his agents, Messrs. Jardine, Matheson and Co., but that was merely a matter of formal routine, for the convenience of shipmasters.  It had nothing whatever to do with the Merchant Shipping Act, so long as the seaman was placed on board the vessel with a proper order.

   The Court pointed out that this was one of the duties imposed by Law on shipmasters on behalf of seamen, that the penalty for disobedience was £100, but he thought that the defendant would be sufficiently punished by a fine or L. 10 and costs, as a warning to other shipmasters for refusal in cases of this kind.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School