LEFT ON SHORE.

Gisborne Times, Volume XXVII, Issue 2598, 4 September 1909, Page 5

LEFT ON SHORE.

APPEAL UNDER SHIPPING AND

SEAMEN’S ACT

TPer Press Association.! WELLINGTON, Sept. 3. Mr. Justice Cooper gave judgment in the Supreme Court to-day in the appeal case, Smith v Lambert. Appellant is superintendent of mercantile marine, and the respondent is master of the Union Company’s Arahura, Lambert was charged before Mr. Riddell, S.M.. with leaving John Peebles, fireman, at Wellington, without making provision for him under the Shipping and Seamen’s Act. Peebles went into the hospital for treatment, and rejoined the ship after recovering from the. operation. The Act requires the master of a ship to deposit the sum necessary for for maintenance and medical expenses. The Magistrate found for the defendant, holding that it urns doubtful if, at the time of Peebles’ discharge from the ship, the injury from which he was suffering was such as to wholly incapacitate him, and lie was not “not left on shore” within the meaning of the Act. The judge up* held the magistrate’s finding, and dismissed. the appeal with costs. It is only when a man was wholly' prevented from performing his work by illness that ho was entitled to "the benefits of the section pndor which the prosecution was taken. ■ ■