CO129-168 - Sir Kennedy - 1874 [9-12] — Page 480

10.

1

dispute might have been settled before one of the regular tribunals of the Colony, and that this Court could have entertained his suit in that respect also.

But is he on that account precluded from suing the Defendant for damages? I have come to the conclusion that

he is not. The Code of Civil procedure- see Introduction-gives authority to

the Courts to entertain suits when the breach of contract occurs within

the Jurisdiction.

The voyage terminated here for the Plaintiff and here he may seeth his remedy.

•Next comes the question : Was the

475

Captain justified in discharging the Plaintiff by reason of any misconduct, - for that is the only answer he can

make to this claim!

on

I think the Plaintiff was dis

discharged

-entirely insufficient grounds.

There was no

wer

proof that his habits

or that he

vere dirty or wasteful, ill- used the boy who shared his

any proof that he secretty disposed of the provisions.

cabin. Nor was there

The claim of the Plaintiff to have. a cabin to himself was preposterous, and I have no doubt that he made

himself generally disagreeable in consequence of the Captain s refusal to allow him a cabin to himself. That

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