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Decisions of the Superior Courts of New South Wales, 1788-1899

Jackson v Cooper [1831] NSWSupC 71

ship's crew, share of profits - ship's crew, mutiny

Supreme Court of New South Wales

Forbes C.J., 27 October 1831

Source: Sydney Herald, 31 October 1831[ 1]

Jackson v. Cooper and others. - This was an action of assumpsit to recover plaintiff's share of the oil obtained by the ship Australian, during her late trip to the South Seas, amounting in value to 65l.  The defence set up was, that plaintiff, who was a boat-steerer, had not conducted himself in a seaman-like manner, but behaved mutinously in contravention of the articles he had signed.  One of the act, of insubordination alleged was, that plaintiff told the Captain of the Australian that he had had navigation knocked into his head with a mallet!  Also, for telling the Chief Mate that he was a d--d liar.  The Assessors found a verdict for the defendants.

Mr. Rowe for plaintiff; Messrs. Wentworth, Foster, and Poole for the defendants.

Notes

[ 1] In 1832, the New South Wales Legislative Council passed a new Act (2 Wm 4 No. 10) to deal with the relationship between masters and servants.  The short title made clear that its aim was ``for the protection of Masters and Ships from vexatious Suits in the said Colony."  See Sydney Gazette, 29 March 1832.

Published by the Division of Law, Macquarie University