CO129-168 - Sir Kennedy - 1874 [9-12] — Page 463

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that by the Ordinances of the Colony which regulate the merchant service; 1 of 1850-6 of 1852- and 1 of 1869. — Consular Officers are permitted to discharge seamen has but little worth if the officer has not the right in accordance with the- instructions from his Government to determine in what manner they shall so be discharged and the precedent be established as in this case that an appeal can be taken: from his action in the matter, of what value is the right of discharge granted by the Ordinance referred to, if this construction is to be placed upow it? Which amounts to little

453

more or less than this, A seaman

-being discharged by his Consul on what to him appears to be sufficient

grounds for such action, and in _

defy ti Consul by an appeal to a local Court and cannot only set aside his Official acts but ca · obtain damages for -

accordance with law can.

same, as in this case

case my official act as the Consular Officer of the United States in that I did discharge the man Ellis with loss of extra -

wages in accordance with law has been set aside.

e by this Court and the ship mulcted for damages to

the

same amount I had denied

the man under my official actions.