MARSH v. LENSEN SHIPPING, LTD. [THE "TERNEUZEN."]

(1938) 60 Ll L Rep 368

ADMIRALTY DIVISION.

Before Mr. Justice Henn Collins.

Merchant Shipping (International Labour Conventions) Act, 1925-Wreck-Claim for wages-Vessel stranded at Setubal on Jan. 27, 1937-Efforts made by shipowners to refloat-Decision on May 5 to abandon as total loss-Plaintiff (chief officer) paid off, being paid wage. up to May 5-Articles terminating on June 30-Right of plaintiff to two months' wages from May 5-Sect. 1: "(1) Where by reason of the wreck or loss of a ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he shall, notwithstanding anything in Sect. 158 of the Merchant Shipping Act, 1894, but subject to the provisions of this section, be entitled, in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service, to receive wages at the rate to which he was entitled at that date"-Date from which period of two months should run-Meaning of "wreck"-Whether wreck occurred when vessel stranded or when abandoned -Contention by shipowners that plaintiff's services under articles terminated by reason of wreck on Jan. 27 and that plaintiff's further services were rendered under an agreement to be implied, not from the articles, out from the relationship which those articles created.