VOL. VI.] EXCHEQUER COURT REPORTS. 129 TORONTO ADMIRALTY DIST HILT. 1897 Oct. 29. JOSEPH A. McELHANEY AND OTHERS..PLAINTIFFS; AGAINST THE SHIP "FLORA" .. DEFENDANT. Seamen's Wages—Lien—Musician. In the absence of a contract to pay him wages a musician is not a "seaman" within the meaning of The Merchant Shipping Act, and therefore is not entitled to a maritime lien for his services. T HE plaintiff and five others were musicians and had. an arrangement with the Master of the boat that they should have the privilege of meals . and staterooms on the boat, and the right to collect from passengers gratuities for musical entertainment furnished. The owner did not dispute the claim, but other claimants intervened and objected that the plaintiffs had no maritime lien and were not seamen within the Act. The trial of the case took place at St. Thomas on the 29th day of October, 1897. J. A. Robinson for plaintiffs. W. X. Cameron for other claimants intervening. McDougall L.J., delivered judgment as follows :— This is a claim by Joseph McElhaney and five other plaintiffs to recover for their services on the Flora as musicians during part of the season of 1897. The evidence shows that - they had an arrangement, with the Master of the boat that they should have the privilege of meals and staterooms on the boat and the right to collect from passengers gratuities for musical entertainment on board the boat. No evidence was. 9
130 EXCHEQUER COURT REPORTS. [VOL. VI. 1898 given to show that there was any contract to pay them McE s Nair wages, and I must therefore hold that they are not ti• seamen within the meaning of The Merchant Ship- THE SHIP FLORA. ping Act, and are not entitled to claim any sum for Reasons their services on the said boat nor are they entitled to for Judgment. set up a maritime lien. Judgment accordingly.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.