STOWAWAY'S FARE.

New Zealand Herald, Volume LVI, Issue 17113, 19 March 1919, Page 6

STOWAWAY'S FARE.

RECOVERY BY COMPANY.

UNSUCCESSFUL DEFENCE. [it TELEGRAPH.— PRESS ASSOCIATION.] WELLINGTON, Tuesday. Reserved judgment was given by Mr. Riddell, S.M., to-day, in an unusual case, in which Michael O'Connor sued the i Union Steam Ship Company for the sum ! of £28 14s Id, alleged to have been taken J from plaintiff by the company in August,' 1918, and which the company refused to ■ pay in full when demand was made, j Plaintiff was one of a party of stow- , aways, but on the voyage to Sydney tho; party was discovered and brought back ; to Wellington by the next boat. O'Con- | nor was charged with leaving New Zea- j land without a permit, and sentenced to j threo months' imprisonment, and was ! also convicted on the charge of slowing I away, and ordered to pay the boat fare' to and from Sydney, £9. O'Connor did ! not pay, and was kept in prison for an j additional month. The company admitted | it hold £28 4s Id, taken from O'Connor { when ho was found on the steamer, but' counter-claimed for £9, plus 4s 8d goods : supplied, and before the action was taken ' offered to pay the amount held less £9 ; 4s Bd. Plaintiff declined the offer, ; though he admitted liability for the ; smaller sum. The company paid £19 9s j 5d into Court. Plaintiff submitted that j his position was affected by section 248 ' of the Justices of the Peace Act, 1908, that having suffered a term of imprison- ■ ment he was released from further pro- . ceedingß, civil or criminal. Judgment was given for plaintiff for £9 4s 8d over and above the amount paid : into Court, with .£1 16s costs, and judgment for the company on the counter- ! claim for £9 4s Ba, and costs £1 4s. J