A CONTRACT RESCINDED. SEAMAN AND UNION COMPANY.

Evening Post, Volume LXXXI, Issue 19, 24 January 1911, Page 8

A CONTRACT RESCINDED. SEAMAN AND UNION COMPANY.

There, was a rather interesting point involved in an action against the Union Steam Ship Company, that was disposed of at the Magistrate's Court to-day, when Dr. M' Arthur, S.M., gave reserved judgment. Daniel Lynch, a seaman, formerly on the Kotuku, claimed £7 wages during November, 1910, and a further £2 for board and lodging a~shore from the lTth.to the 30th November last. Ifc appears that Lynch went on board his steamer on the evening of the 17th November, and there assaulted a shipmate, for which assault he was arresied. -He spent that evening in the police cells, and next morning pleaded guilty to the offence, and_ was- hned £2, with a fourteen days' alternative. He paid the fine, but was unable to join the ship, as she had left that morning. The Marine Superintendent refused, . and still refused, to grant him a permit, on the ground that he is still on the articles of the Kotuku. > The- Magistiate was of opinion that section 88 of "The Shipping and Seamen's Act, 1903," was applicable to> the case. Here was a contract of service between the owners and master of the Kotuku on the one part and the seaman Lynch on the other, arising out of their, respective duties, or at any rate incidental to their relationship. The section gives the court power to rescind such contract upon such terms as the Court thinks just. Lynch by his own action rendered himself unable to carry out his contract, as there was no compulsion on the master to detain the steamer until such time as Lynch should be discharged from custody. Having regard to all the circumstances, his Worship thought it just, that the contract between the company and Lynch should be rescinded, and that the company should .pay Lynch his wages up to the 17th November. As the company had always been ready and willing to do this/ there .would be no costs. The sliipping - master v/ill now be able to grant the seaman his discharge. Mr. C. R. Dix appeared for complainant, Mr. P. Levi for defendants.

The Southland Acclimatisation Society is, it was slated at its last meeting, "in the dark" in regard to the condition' of the deer herd in Fiordland — it might be the best in the Dominion, or, on- the other hand, it might be the■rcoz&t for. all members knew. The "society intends to have the deer country inspected for the purposes of reporting en its condition. . Steps will at the same time be taken to destroy any "malforms" running in the herds. . .The Yen. Archdeacon Williams, of ■Poverty Bay, is visiting Wellington. "-'Th©' much-debated question of gas v. ilectric lighting at the hospital was considered by the sub-committee of the Hospital Board recently, when it was decided not to present a report to today's meeting, but to defer consideration until next meeting. . Tenders are imited for the lease of etables, etc.; in Molesworth-street.