TOO MANY PASSENGERS.

Auckland Star, Volume XLVII, Issue 155, 30 June 1916, Page 3

TOO MANY PASSENGERS.

Judgment "was given by Mr. E. C. Ctrtten, S.M., this morning, in the case by the Customs Department against Wenzl Schischka, master of the s.s. Kotiti, who was charged 'that on April 24 he carried more passengers than the number allowed by the ship's certificate of survey. The circumstances were that on Easter Monday the s.s. Clansman ran an excursion to Waiwera, fully laden - -with passengers, but. on account of the state of the tide and her deep draught, could not steam right up to the jetty, consequently she was anchored a little distance from the jetty, and the smaller steamer Kotiti took all the passengers at one trip to the jetty. It was admitted that the .Kotiti carried passengers in excess of the number allowed by her survey certificate, but it was contended that as she was only tendering the Clansman, and no extra charge wa3 made to passengers for carrying them to the jetty, the provisions of the Act did aot apply. His Worship stated that Mr. McGregor's contention that where no fee was charged the passenger regulations under the Act did not apply was sustained by English and Australian decisions, but those decisions related to ships that made no charge for tho whole trip.' In this instance the passengers on the -Clansman were charged for the trip, and the Kotiti only completed that trip without extra charge, consequently the case was not one governed by 'the decisions state.l. Defendant would be conTinted, and fined £0 and costs, 'i'lr. McGregor stated that the ship- . P'pg company concerned would probably wish to take the matter further, and lis Worship fixed £10 as security for costs in the case of appeal.