851

8 ESP. 128.

STILK v. MEYRICK.

(A promise by the master of a vessel of an advance of wages to a sailor, for

extra work during the voyage is void.)
[S. C. 2 Camp. 317.]
This was an action brought by the plaintiff, a private sailor, to recover the
amount of his wages, on a voyage from London to the Baltick and back.
The sum claimed was partly for monthly wages, according to articles which he
had signed, and a further sum claimed under these circumstances.
Two sailors, part of the crew, had deserted the ship, and the master (the
defendant), not being able to supply their places at Cronstadt, promised to divide
among the crew, in addition to their wages, the wages due to the two men who had
deserted.
[130] Upon this being claimed, it was objected, That any engagement by the
master for a larger sum than was stipulated for by the articles was void, and the case
of Harris v. Watson, Peake, N. P. Cases, p. 72, cited.
It was answered, That this case was very different from the case cited : that
this engagement was made before the ship sailed on her voyage home ; it was made
under no coercion, from the apprehension of danger, nor extorted from the captain ;
but a voluntary offer on his part for extraordinary service.
Lord Ellenborough ruled, That the plaintiff could not recover this part of his
demand. His Lordship said, That he recognised the principle of the case of Harris
v. Watson as founded on just and proper policy. When the defendant entered on
board the ship, he stipulated to do all the work his situation called upon him to do.
Here the voyage was to the Baltick and back, not to Cronstadt only ; if the voyage
had then terminated, the sailors might have made what terms they pleased. If any
part of the crew had died, would not the remainder have been forced to work the
ship home ? If that accident would have left them liable to do the whole work
without any extraordinary remuneration, why should not desertion or casualty
equally demand it ?
Verdict for the monthly wages only.
Attorney-General and 'Espinasse for plaintiff.
Garrow for the defendant.