THE LYMAN D. FOSTER.

Auckland Star, Volume LI, Issue 280, 23 November 1920, Page 6

THE LYMAN D. FOSTER.

FIXISX3 DATE OF LOSS. A somewhat unu-ual case eaine. before Mr. .1. W. I'oynton, .S.M., at the .Maoistrate's Court to-day. On March 27, 10]!), tlic buniuPiitine Lyman D. Foster sailed from Nukualofa for San 'Francisco with a cargo of copra, and 'ha* not been heard of since. By consent of the owners. Messrs A. S. Patcrson and Co.. John Bnrira ami Co.. and G. T. N'iecnl (Mr. R. 1). Ba.snall) the Minuter of Marino (Mr. Wyllie) entered an action to recover the sum of CITS 3/ wages due to the. crew. The object of the proceedings was to 'fix the date of the loss of the vessel, this being clone at the request of the owner*. Mr. Bafrnall stated the action was taken under section!) 4of the Shipping and Seaman's Act. Mr. J. Osburne Lilly ami Mr. J. F. W. Dicks on represented dependents o£ the crew. Captain Charles Fleming, Superintendent of Marine, stated there wae very bad weather subsequent in tlie sailing of the vessel from Nukualofa. It was a fair assumption that the vessel was lost about March 111, 1010. Mr. Poj'nton accordingly fixed the date of loss as March 31. and gave judgment for the sum claimed, less the sum paid into Court. Costs £.X! 15/ were allowed.