SHIPPING AND SEAMEN ACT.

Otago Witness, Issue 2913, 12 January 1910, Page 11

SHIPPING AND SEAMEN ACT.

AN APPEAL DISMISSED. A BADLY-WORDED CLAUSE. AUCKLAND, January 5. Judgment was delivered by Mr Justice Edwards in a case in which the Ford Shipping Company appealed against the decision of Mr Kettle', S.M., id the case of the appellants against the Superintendent of Mercantile Marine, arising out cf a provision in the Shipping and Seamea Act that when a seaman on a Home or intercolonial trade ship is left ashore by Teason of accident or sickness the master shall deposit the wages due and sufficient money to cover the cost of maintenance and attendance in a public hospital. In this case the injured seaman went to a private hospital. The appellants therefore claimed a refund of the deposit, with the exception of wages due. Mr Justice Edwards said the appellants

contended that no seaman could bcneM bv the statute unless he became an iar. mate of a public hospital. The context really turned on whether any deduction couki be made under the heading "medical and'lining expenses." His Honor held that this was fatal to the appellants, who knew that the superintendent intended to hold them liable for medical and living expenses. His Honor added that the ■clause was so ill-worded that the Marina Department should obtain a conclusive adjudication from the Court of Appeal. IT* dismissed the appeal.