A SHIPPING CASE.

Southland Times, Issue 14633, 25 January 1911, Page 6

A SHIPPING CASE.

INTERESTING JUDGMENT. (Per United P»t»u ..ooeciation), WELLINGTON, January 3 1. There was a rather interesting point involved in an action against the Union Steamship Company disposed of at the Magistrate's Court to-day, when Dr .McArthur, S.M., gave a reserved judgment. Daniel Lynch, seaman, formerly on the Kotuku, claimed £7 wages during Nov., 1910. and a further £3 for bottl'd and lodging ashore from 17th to 3'Jth Nov. last. Lynch went on board bis steamer on the evening of 17th Nov,, and there assaulted a shipmate, for which assault lie was arrested, lie spent that evening in the police cells and next morning pleaded guilty to the offence and was lined £3 with fourteen days’ alternative. He paid the line hut 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 lie is stilt on the articles of the Kotuku. The Magistrate was of opinion that section 88 of the Shipping and Seamen's Act 1908 was applicable to the ease. Here was a contract of service between the owners and the master of the Kotuku on 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 nimself 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regard to all the circumstances His Worship thought it just that the contract between the company and Lynch should be rescinded and that the company should pay Lynch his wages up to 17th Nov., as the company had always boon ready and willing to do this. There would lie no costs. The shipping master will now be able to grant the seaman his discharge.