APPEAL DISMISSED

New Zealand Times, Volume XXXII, Issue 7019, 6 January 1910, Page 7

APPEAL DISMISSED

PKEEB ABSOCIATIOWAUCKLAND, January 5. Judgment was delivered by MS Justice Edwards in a case in which the Ford Shipping Company appealed against tho decision of Mr Kettle, S.M., in the case of tho appellants against the Superintendent of Mercantile Marine, arising , out of a provision in the Shipping and Seamen Act that when a seaman on a Home or intercolonial trade ship is left ashore by reason of accident or sickness, tho master Khali deposit the wages duo and sufficient to cover the costs of his maintenance and attendance in a publio hospital. In this case the injured seaman went to a private hospital. Appellants therefor® claimed a refund of the deposit, with the exception, of wages due. Mr Justice Edwards said the apjK-]-Xante contended that no seaman conld benefit by tho statute unices he became an inmate of a public hospital. Tho context really turned on whether any deduction could be made under the heading “medical and living expenses.” He held that this wan-fatal to appellants, who knew that the Superintendent intended to .hold them liable for medical and living expenses, and added that the clans® was so ill-worded that the Marine Department should obtain a conclusive adjudication from the Court of Appeal. He dismissed tho appeal.