The Reality of these Laws as experienced by Merchant Mariners 

Source: ‘Register of Maritime and Commercial Law’ in Mitchell’s Maritime Register 25^th October 1856 p.147

Under section entitled ‘Law Cases (Maritime)’

‘ALLEGED CRUELTY ON BOARD SHIP. - William George Long, a very tall and powerful man, late Mate of the barque Adventure, a South Sea whaling ship, appeared on Monday upon an adjourned summons charged with assaulting a Seaman named Clarke, who died on the voyage. - Mr. C. Young conducted the prosecution; Mr. Lewis appeared for the prisoner. - The facts of the case have already been reported. - After hearing some additional evidence, Mr. Selfe said he could not help believing that the Mate struck the boy with his fists while the Captain was chastising him. It was a most improper and cruel act, and the Mate had no right to strike the lad at all. - He fined the prisoner 5l, which was immediately paid.

Mr. Young applied for and obtained summonses against the Captain of the Adventure for not supplying lime-juice to the Crew for 18 months, and for non-payment of five Seamen’s wages’.

p.148

‘WAGES ON A SOUTH SEA WHALING VOYAGE - SHIP ADVENTURE. - Capt. R.M’Carty, the Master of the barque Adventure, was summonsed, on Thursday, by five Seamen for balances of wages due to them for their services on a South Sea whaling voyage, which lasted three years and seven month. - Mr. Canham, clerk in the house of Sweeting and Co., said he had made out the accounts, and there was no intention on the part of the firm which he represented to take any advantage of the men. It was usual to charge interest on the advances in the South Sea trade, the usages of which he explained. The men went out, not on monthly wages, but to share in the profits of the Adventure, and it was usual to estimate the value of the oil on the men’s return, and make certain deductions for losses, landing charges, and other expenses. The accounts had been made out with the utmost fairness, and he challenged any one to find fault with them. The articles were produced, and there was a stipulation that interest should be paid on the advances. - Mr. Elliott said as that point was decided the two gentlemen could go out and settle the accounts between them; balances agreed upon made, the defendant was next charged on a summons with not having supplied lime or lemon juice daily to the Crew on the homeward voyage. - The answer to the case was, that the voyages lasted much longer than was anticipated, and the stock of lime-juice and vinegar became exhausted, but that potatoes, yams, cocoa-nuts, honey and fresh meat were substituted. - Mr. Canham, therefore, submitted that the spirit, if not the letter, of the Act of Parliament had been carried out. He asked what penalties were sued for, and was answered, 5l for every day’s neglect. - Mr. Elliott said the summons was defective, and he could only convict in one penalty of 5l upon it. If it was intended to proceed for a penalty for every day’s neglect, another summons must be taken out. - After some discussion it was agreed there should be a conviction in one penalty of 5l, which was paid’.

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