RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3485, 7 September 1882, Page 3

RESIDENT MAGISTRATE'S COURT.

This Day. (Before Captain Preece, R.M.) JUDGMENT. His Worship gave judgment in the case of Nelson v. Quinlan, heard on Tuesday last. After citing a number of authorities as to what constituted misconduct or disobedience on the part of a servant towards his master, the Court said there were two things to consider in tbe present case. There was first of all the fact that the plaintiff was not only an ordinary servant, but was also engaged as a sailor under the Shipping and Seaman's Act. Under that Act, if a seaman had any complaint to make, he had a remedy by application to a magistrate. Mr Lascelles pointed out that the Sir Donald was not engaged under the Shipping Act. In engaging or dismissing i servants on the vessel it was not necessary to take them before the Collector of , Customs, neither did the men sign any < articles. Mr McLean said the Act applied to any vessel not propelled by oars, and the Court ruled accordingly. j His Worship continued : On the other 1 hand, when a man refuses duty, the i captain may under the Shipping Act, ' bring him "before a magistrate for disobedience of orders. He thought that captains of these vessels had more power \ than ordinary masters, and in the present case he believed tho master had used his authority iv an arbitrary manner. The ■ Court did not, however, feel called upon

to give substantial but rather nominal damages, with a view to showing its disapproval of a master discharging a servant summarily for one simple refusal of duty. In this case it was shown that the man had been working very hard, and no doubt, had the matter been properly represented to the plaintiff, he would have obeyed any reasonable order of the defendant. The Court would give damages for Is, with costs 21s, expenses of plaintiff and one witness 16s, and counsel's fee £l Is.