MOORE v. "CITY OF MALINES" (OWNERS) AND PURVIS SHIPPING COMPANY, LTD.

(1947) 81 Ll.L.Rep. 96

ADMIRALTY DIVISION.

Before Lord Merriman.

Ship - Master - Wages - Disbursements - "Short hand money"-Alleged misconduct of master - Dismissal - Ship's articles-Plaintiff employed by shipowners (acting through their managers) as master of small steamer which was to undertake round voyage to Mediterranean - Insufficient accommodation on board for full complement of officers - Difficulty experienced by master in obtaining full complement-Less than full complement engaged by master under "gentlemen's agreement" that they should be paid "short hand money"-Portage accounts (which included payments of "short hand money") rendered by master at end of voyage-Refusal by managers to sanction payments of "short hand money"- Termination of plaintiff's employment- Claim by master for wages and disbursements and for damages for wrongful dismissal-Action in rem brought against ship and in personam against shipowners and managers-Money paid into Court by defendants generally in lieu of bail to release ship-Dispute as to whether shipowners and/or managers had agreed to pay "short hand money" - Ship's articles made and signed without reference to "short hand money"-Contention by plaintiff that managers had agreed that the matter of "short hand money" should be referred to principal director of shipowners (C.) resident in Oran and that C. had subsequently authorized such payments - Enforceability of oral agreement varying articles -Evidence as to dismissal of master- Whether master dismissed and, if so, whether such dismissal was justified - Reasonable notice-Alleged irregularities by master: personal cheques drawn for disbursements; failure to report and insert in log grounding and damage on voyage; failure to keep fair log; failure to keep proper accounts - Merchant Shipping Act, 1894, Sects. 113, 114, 122, 123, 155, 156-Amendment of pleadings- Costs-R.S.C., Order 28, r. 1.