SHIPPING AND SEAMEN ACT.
AN APPEAL DISMISSED. WELLINGTON; September 3. Mr Justice Cooper gave judgment ia the Supreme Court to-day in the appeal case of Smith v. Lambert. The apDeilant is superintendent of MercantiJa .Marine^ and respondent « master of tha Union Company's Arahura. , Captaiir Lambert was charged before Mr Riddel 1 , S.M-., with leaving John Peebles, a fire* man, at Wellington .without making provision for- him under the Shipping and Seamen Act. Peebles went into th^ . hospital for treatment, and rejoined the, ship after recovering from an operation. The act requires the master of a ship to deposit a sum necessary for maintenance and medical expenses. The magistrate found for defendant, holding that it., was doubtful if, at the time of Peebles's discharge from the ship, the injury from which he was suffering wa^ such as to wholly incapacitate him, and* that he was not " left, on shore " within! the meaning of the act. The Judge up< held the magistrate's finding, and dis« missed the appeal, with costs. . His Honor said that it was only when a man was> wholly prevented - froir - performing his work by illness that he was entitled to the benefits of the section: under which the prosecution was taken-
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Otago Witness, Issue 2895, 8 September 1909, Page 2
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203SHIPPING AND SEAMEN ACT. Otago Witness, Issue 2895, 8 September 1909, Page 2
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