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BALL v. COGGS [1710]
I BROWN.

ingly re-heard on the 22d of May 1704; when his Lordship was pleased to affirm his former decree, with this addition: That it should be without prejudice to the plaintiff's bringing a new bill for the imprest-money, or his proceeding at law, or in the Admiralty for the same.

From both these decrees, the plaintiff appealed; insisting (R. Buckby), that he had no manner of interest in the freight or cargo of the ship, and was to have had nothing more than bare wages for his voyage, in case the ship had returned safe; but in that case, the benefit of the freight, to the amount of near £10,000 would have belonged to the owners; who therefore ought to pay the seamen, according to the reason of the common maxima, that freight is the mother of wages. That though in all cases, the captain of the ship, who hires the seamen, is liable to pay them; yet it was never known, except in this particular case, but that he had his remedy against the owners, to recover of them whatever wages he had been forced to pay. That the appellant had done no act to waive or relinquish this right; for, as to his joining in the charter-party, it was a mere matter of form, and never required, where the captain has no interest in the ship or freight, but by the East India Company; nor was there any thing in this instrument which could exclude the appellant from: his wages, or deprive him of any right that he bad before; and as to the seamen's bonds, they were taken by the direction and for the benefit of the owners, and therefore ought not to be made use of by them against the appellant's just demands.

On the other side it was contended (S. Dodd), that the appellant alone hired the seamen, and not the owners; nor did they, in any shape, concern themselves in it; and therefore, by law, the appellant only ought to pay them. That neither the seamen, or the appellant, could by law claim any wages, because the ship never returned; and in all cases where the owners lose both ship and freight, no wages can be claimed by the seamen. But what put the matter beyond all dispute was, that the appellant, by the charter-party, and the seamen, by their bonds, had agreed not to have or demand any wages, unless the ship returned to the port of London, and delivered her homeward-bound cargo; but which was never done.

But after hearing counsel in this appeal, it was ordered and adjudged, that the two orders of dismission therein complained of should be reversed; and that the parties should be at liberty to bring their appeal from the Court of Admiralty to a Court of Delegates. (Jour. vol. 17. p. 659.)


[140] Case 7.—George Ball,—Appellant; John Coggs, and others,—Respondents [3d April 1710].

[The partners in certain brass-works enter into articles with A., that he shall serve them as their manager and overseer, during his life; and, besides a stipulated yearly salary, he was to have 3s. 6d. for every hundred weight of brass wire made by him, or any other person during his life. A. was afterwards discharged by the partners from their service; and on a bill brought for a specific performance of these articles, it was decreed, that the plaintiff was intitled to all the advantages thereby stipulated for him, except the 3s. 6d. payable to him for every hundred weight of brass wire made at the mills; which Lord Cowper conceived was intended as a reward, attending the produce of the works, during such time only as the plaintiff supervised the same. But this part of the decree was reversed, and he was held to be intitled to this allowance, during his life.]

The respondents being entitled to the benefit of certain letters patent, which had been granted to one Thomas Neale, for the sole making and vending of brass and brass wire; they, in the year 1691, entered into a copartnership with several other persons, to carry on the invention by a public stock; and, for that purpose, raised above £12,000, erected proper works at Esher, in Surrey, hired foreign workmen,

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