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Colonial Cases

Mines v. Adams, 1876

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Mines v. Adams


Supreme Court for China and Japan
Hornby C.J., 4 February 1876
Source: The North China Herald, 10 February 1876

LAW REPORT
H.B.M.'s SUPREME COURT.
Shanghai, Feb. 4th.
Before SIR EDMUND HORNBY, Chief Judge.
R. MINES v. M.  C. ADAMS.
   Plaintiff conducted his own case.
   Mr. WAINEWRIGHT appeared for the defendant.
  This action was brought to receive the sum of $300, under the circumstances detailed in the plaintiff's
Petition:-
  1st. - The plaintiff is by profession a Master Mariner, and the defendant is owner of the British steamship "Dragon," and at present residing in Shanghai.
  2nd. -  On the 30th day of November, 1875, the defendant engaged plaintiff as Master of the  said steamer "Dragon," the same being at the time laid up for repairs to boiler.  The terms of engagement were, that plaintiff should take charge of the said steamer on the 1st day of december, 1875, to look after her during repairs; and afterwards navigate her between Shanghai, Nagasaki and Vladivostock, or other port or ports if required; plaintiff piloting the vessel in and out of Shanghai and Nagasaki.  For such services he was to receive half the Shanghai rate of pay as Master during repairs, the probable date of finishing such being then represented by the defendant to the plaintiff as the first week in January.  Thereafter the pay of the plaintiff was agreed between defendant and him to be at the full ordinary rate; such to continue until the return of Mr. Barry, then, and at present in command of the Barque "Union," and bound on a voyage from Shanghai to Manila via Nagasaki; that on the return of the said Mr. Barry, plaintiff was to give over charge of the  said steamer to him, having at the same time the option of Chief Mate.  The "Union" left Shanghai about the 16th day of December, 1875, the probable duration of such voyage being four or five months.
  3rd. - That the plaintiff in conformity with such agreement as aforesaid, entered into the service of the said defendant on the said 1st day of december, 1875.  The Shanghai rate of pay for Master of a steamer is $200.00 per month.
  4th. - On the 14th day of january, 1876, the defendant write and  sent a letter to the plaintiff, dispensing with his services from noon on the day following.
  5th - The plaintiff claims wages for the moth of January, and likewise for month of February; the latter being in lieu of the month's notice to which the plaintiff respectfully submits he is entitled; in all making the sum of $300.
  The plaintiff therefore prays:-
  1st. - That the defendant may be ordered to pay to the plaintiff the said sum of $300, together with the costs of this suit.
  2nd. - That the plaintiff may have such other or other relief as the nature of the case may require.

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