A SHIPPING CASE.

Evening Post, Volume LXXVI, Issue 144, 17 December 1908, Page 7

A SHIPPING CASE.

MARINE OFFICER'S APPEAL. THE GERTIE-PENGUIN COLLISION. His Honour Mr. -Justice Cooper and Captains M'Artbur and Post (assessors) to-day heard an appeal by Frederick Raymcnd Gamble*, second officer of the Penguin, from the decision of the magisterial enquiry into the cause of the collision which took place recently between the Gertie and the Penguin. The court which held the magisterial enqury ordered Mr. Gamble to pay six guineas costs, and also suspended his certificate for three months. The present appeal only affected that part of the judgment which ordered Mr. Gamble's suspension. The ( Shipping and Seamen's Act requires that before a certificate can be suspended there must have been serious damage to a ship through the act of defendant or the person holding the certificate. In the present case appellant contended that there wa3 no serioii's damage. It was admitted that the Penguin was not damaged in tho collision, and the only evidence given before the court of damage to the Gertie was the following : — "The bulwark plate forward was dented in, the bulwark was smashed, and the forecastle deck was started slightly. The afterstarboard davit was carried away." Appellant was represented by Messrs. Herdman and Buddie, and Mr. Myers appeared for the Collector of Customs. In giving judgment, his Honour said the question of "serious damage" could only be determined by the facts in a particular case. The court in this case was of opinion that the evidence adduced at the enquiry did not disclose any serious damage. The court, therefore, allowed the appeal. His Honour said he might mention that the gentlemen who were associated with him were clearly of opinion that the damage to the Gertie was not "serious damage." Appellant was awarded five guineas costs.

Twenty English partridges for New Zealand were placed on board the Rimutaka, when she left London, and all but three reached Wellington alive this morning. On the previous voyage of the same vessel, 56 English partridges were shipped' for Tasmania, and only four were alive when Hobart was reached. Persistent rain fell yesterday (telegraphs our Feilding correspondent), and in several parts of the district, particularly at Sandon and Halcombe, the far- ' mers are complaining that their grain ciops are suffering damage. On some of the farms the crop is in the stook, and will therefore bo particularly open to damage. The rye grass has been beaten down too, and settlers are afraid it will not pick up again. Still, on the whole, the prospects are considered to be good, and f aimers and business people are looking for a return to prosperous times. The Wellington a*nd Wairarapa Charitable Aid Board met to-day. Mr. Kirk .presided. Other members present were : Messrs. Cohen, Morrah, and Coles. The report of the secretary (Mr. G. Willis) in reference to the administiation of n.lief throughout the district (mentioned in another column) was received. Accounts for £514 were passed for payment. The financial statement showed a credit of £2913. On Ist January, a sum of £1187 10s was due from local bodies and on Ist February a subsidy of £1187 10s from the Government. It was estimated that the January, February, and March accounts w^ould require about £2774, and this would leave a- credit of £2000 at the close of the board's financial year, 31st March.