The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Courts Monday April 9 1906

Justice Bodilly’s judgment dealing with the merits of the ease on facts has with the permission of the learned judge been omitted from the report so as not to unnecessarily burden it with matters which have no bearing on the points of law discussed in the judgment. [...] Upon the Magistrate's being informed of this the Defendant Llewellyn the chairman said that the charge was a gross attempt on the part of Plaintiff to backmail and the matter should he brought before the public prosecutor. [...] On arriving at Hong-Kong the crew of which the Plaintiff was one discovered that the port of destination was Sasebo and thereupon refused to prtceed in the vessel inasmuch as she was carrying contraband of war to the port of a belligerent. [...] The Magistrate held that the risk which the Appellant knew and did not disclose to the Respondent placed the voyage outside the terms of the original agreement and justified the Responden''s (the seaman's) refusal to proceed to Sasebo and gave judgment for the Plaintiff but stated a case. [...] His ground for coming to the conclusion was that he had according to law power to extend the time for paying the deficit Court-fee but had no power to re-admit the appeal after the extended period had expired and after he had dismissed the appeal for non-payment of the Court-fee.