RESIDENT MAGISTRATES' COURT.

Lyttelton Times, Volume XXI, Issue 1193, 6 February 1864, Page 5

RESIDENT MAGISTRATES' COURT.

CHRISTCHUHCH.—Thursday, February 5. (Before J. R. S. Ilarman, Esq., J.P., A. F. N. Blakiston, Esq., J.P. BREACH OF DEBHTUTE PERSONS RELIEF ORDINANCE. John Hammill appeared to answer the charge of not having paid the arrears of the sum ordered by the Court to be paid by him for the maintenance of his daughter-in-law and her children, in consequence of which they are in a destitute condition. It appeared from the evidence that the defendant was five weeks in arrear. The defeudant pleaded that he had been put to a great expense on account of this affair. He was in a state of great poverty. He was willing to support the children, but not the mother, with whom he was on bad terms. He was ordered to pay the sum claimed, viz., £3, being at the rate of 12s per week. LUNACY. William M'lntosh was sent to the Lunatic Asylum (under a medical certificate) as being a person of unsound mind.

LYTTELTON.—February 3rd, 1864. (Before Wm, Donald, Esq., R.M, and Robert Latter, Esq., J.P.) BREACH OF THE SHIPPING ACT. . The Captain of the ship Brother's Pride appeared to answer eight informations preferred by A. Rose, Esq., Emigration Commissioner and Surveyor of her Majesty's Customs, for breach of clauses 157 and 159 of the Merchant Shipping Act, 1854, in shipping seamen contrary to the provisions of the said act. Mr. Travers appeared for complainant. The first charge read had reference to one William Chapman, and the following evidence was called by Mr. Travers in support of the information :— Alexander Rose sworn: I am Landing Surveyor of H.M.'s Customs, Lyttelton, and Immigration Officer. I produce authority from the Collector of Customs to prosecute. This document is signed by Mr. Hamilton. On the arrival of Capt. Glendinning, I spoke to hiin about some passengers from Cape Town, in consequence of rumours I had heard. The Captain said he was uncertain about the number, but he mentioned about 16 people as passengers from the Cape. He mentioned one name only; only one had paid his passage. He took them as seamen. Five or six were odd men, and nine able seamen. He said they were unable to pay, and that they worked their passage. He did not distinguish them as crew or passengers; he was uncertain about one of the sixteen being on board. I instructed Mr. Lysaght to obtain a list of their names from the master. [Paper produced containing list of men and signed Alex. Glendinning.] I received that paper from Mr. Lysaght. I find the name of Wm. Chapman amongst the names on the list. I had nothing to do with the shipping business after the arrival of the ship. I had a conversation yesterday at the Custom House with the Captain, that is since the proceedings were taken. He asked me why I had taken proceedings against him. I replied, " For the breach of the law." He referred to the manner the informations were laid. He also said they were stowaways; he had not before made the same statement; he had said they had come on board his vessel as they were desirous of getting to New Zealand. On his arrival here he did not return any of them as passengers. He did not report them, except three, who appeared on the articles.

Edward Lysaght, the next witness called, was sworn and said:' I am clerk in her Majesty's Customs, Lyttelton. In consequence of instructions from Mr. Rose, I spoke to Capt. Glendinning about some men who had come in his ship from the Cape. I received from him the list produced; Some days elapsed before I received it after I asked for it. I could not state any particular 1 conversation at the time. He said it was agreed the men should find their own provisions. He did not say that they were stowaways at any time. The list was given to me in consequence of my application for it. The Captain brought the list two or three days after, and I got him to put liis signature to it.

Capt. Glendinning stated to the Court : I did not ship these men, except the three on the articles. I gave Mr. Lysaght the list of men I brought from the Cape. At the time of leaving I did not know they were on board. I had 400 or 500 people on board altogether. I told those who shipped at the Cape, who were on the articles, they must find their own provisions. They were entered at one shilling per month. The next charge related to one Thomas Maloney, who, after being duly sworn, said: I went on board the Brothers' Pride at the Cape of Good Hope. I got a waterman to put me alongside. lam a seaman, and went on board, and stowed away in the ship the night I got on board. About two or three days after we got to sea, I saw the Captain. He mustered myself and a number of others on the poop, We were mustered to see who were stow-aways. There seemed to be 15 or 20. I was a stow-away as well as the rest. He said to the mate " here's a fine lot of stow-aways." He took my name down. He said, •' you will have plenty of work and nothing to eat." I did work as a seaman on board. I was in watch; sometimes captain of the main-deck. It was my duty to see the passengers kept themselves clean. I was working as a seaman and in other capacities till we got to the' Quarantine Ground. The Captain took my name when we were mustered. I don't remember that he asked me to sign articles. lam very forgetful at times. I have been moonstruck.

By the Bench: I never had any conversation with the Captain till we were all on the poop. We got no regular provisions on board. I mixed with the passengers on board at first. I might have been taken for one of them. I was dressed like an immigrant, and had just comedown the country and was starving. The case of Richard Rae was heard next. This witness, after being sworn, said: I am an able seaman. I was on board the Brothers' Pride. lam from the Cape of Good Hope. I got on board in a waterman's boat. I did not see the Captain on going on board. I saw him on the third daj', to know him or converse with him. I was a stow-away. All the stow-aways were mustered 011 the poop. There were 12 or 14 of us. The Captain asked what we were. He took our names. He asked if I was an A. B. He said we would have plenty of . work and nothing to eat. We left the Cape in October. I worked on board as a seaman.' I received my orders from the officers from time to time until I jprived in Port. The defendant stated to the Bench that he could not find out who these stowaways were till the ship had sailed. Mr. Travers said that was his case, and contended that the defendant was liable under the Act, clause 157, which recites as follows:—"If in any case a master carries any seaman to sea without entering into an agreement with him, in the form and manner and at the time and place hereby in such case required ; the master in the case of a foreign going ship, and the master or owner in the case of a home trade ship, shall, for each offence, incur a penalty not exceeding five pounds." Mr. Travers also called the attention of the Bench to the 4th section, referring to engagements made at sea in the case of substitutes, &c. The Bench, however, after duly considering the matter, decided to dismiss the informations with costs. The prosecutor withdrew the remainder.