Cases Decided in the Supreme Court of the Cape of Good Hope [1828- 1849]

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445.) 2. The Cowrt further held, that the respondent having been employed by the appellants, to perform several voyages, as master of the vessel, in all of which, the Gape was made the retv/rn or home port of the vessel, and that, as no new contract was made between the parties, when the vessel was dispatched to England, in March, 1823, the contract between the parties, must be presumed to have been on that occasion, the same as on the former voyages, and consequently, that he was engaged for t...he voyage to England and back to Table Bay.
That this presumption, if it needed support, was confirmed, both by the appellants' instructions to the respondent, about bringing the dog from Scotland, and by the admission, proved to have been made, by one of the appellants, that their original intention was, that the respondent should return with the vessel here. The Court therefore held, that the respondent was entitled to claim Rds. 210 for his expenses on shore in England, but that the respondent, having obtained his passage back to the Cape gratis, in a vessel in which he earned wages as mate, was not entitled to any sum, on account of passage money back to the Cape.


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