CAPTAIN FINED. TRANSFER OF SEAMEN.

Evening Post, Volume LXXV, Issue 25, 30 January 1908, Page 7

CAPTAIN FINED. TRANSFER OF SEAMEN.

•MAGISTRATE'S DECISION. In the case of the Marine Department against Captain Kcmpson, master of tho Athenic, for breach of regulations of the Shipping and Seamen's Act, Mr. W G. Riddell, S.M., delivered his reserved judgment in tho Magistrate's Court to-day, as follows : — "This information charges tho defendant, being the master of a British foreign-going ship, to wit, the steamship Athenic, with failing, on the 3rd day of January, 1908, at Wellington, in discharging certain seamen, to wit, B. Hinds and others, to discharge them in the presence of a superintendent, in manner provided by the Shipping and Seamen's Act, 1903. The main facts are admittexl, viz., that on the 3rd January five seamen were, by arrangement, transferred from the Alhenic to the lonic, which was on the eve of sailing for London. These men were required to fill the places of five seamen who had deserted, but they were not discharged from the Athenic in the presence of a superintendent, as required by sub-sec-tion 1 of section 55 of tho Act of 1903. That subsection states that where a seaman serving on a British foreign-going ship, whether registered within or out of New Zealand, is, on the termination of his engagement, discharged in New Zealand, he shall, t whether the agreement with the crew is an agreement for the voyage, or a running agreement, bo discharged in manner provided by this Act, in the presence of a superintendent, and subsection 2 makes the master or owner of a ship, who commits any breach of this section, liable for each offence to a fine not exceeding £10. "For the defence, it is argued that the transfer is perfectly lawful, being mads under an agreement between the men and their employers. By the agreements, each member of the crew agrees to remain, in the company's service for a period not exceeding two years, and also agrees, if so required, at any poit, or at any time-, during tho period of their agreement to be transferred to any other vessel belonging to the company. This arrangement, however, according to the footnote on the articles, must not be contrary to law. In view of the existence of such an agreement Mr. Gray argues that, as the men are still employed by the company, their engagement has not been terminated, and they havo not been discharged. Tho evidence of Mr. Matthews, purser on the Athenic, is that the men's wages were made up to the 3rd January, and that amount was debited against the Athenic ; that their wages from the 3rd January until their arrival in London would be debited against the lonic, and that on their arrival, if they wished, to join the Athenic again they would have to sign fresh articles. One of tho inducements^ for them to leave the Athenic and join the lonic was a substantial increase of wages for the voyage Home. The men left the Athenic on tho 3rd January, and, although still employed by the company, it seems to trie that their engagement on that vessel has been terminated. I think Mr. Myers's contention is correct— viz., that the paragraph in the agreement, stating that any seaman can be transferred to another vessel belonging to the company is part of a contract between thj parties, and. cannot override the sta"/ .- tory requirements dealing with the mode of engagement and discharge of seamen generally. "So far as tho Athenic is concerned, tho men's servico on her is at "an end until they are again placed on tho articles. "True, they are in the service of tho same company, but on different vessels, and if Mr. Gray's contention is correct, then by a mere agreement between the parties, sections 55 and 56 of the Shipping and Seamen's Act would in many cases be evaded, and become to a dead letter. I think tho facts show that tho men have been discharged from the Athenic, and as they were not discharged in the presence of a superintendent, I consider a breach of the Act has been committed by the defendant." Defendant was convicted and fined 20s, and court costs £3 10s, and solicitor's fees £3 35.. Mr. Gray asked the Magistrate to state a case for appeal. Mr. Myers did not press for a penalty _on the t second information. A conviction was recorded without a penalty. His Worship agreed to state a case.