SHIPPING CASES.

Evening Star, Issue 13091, 26 October 1908, Page 6

SHIPPING CASES.

.TWOCONVICTIONS, In the PoHceGonrtto-day, before Mr H. YWiddowson, S.M ; > three 'cases citing /alleged contravention of the Shipping and Seamen Act were set down for hearing. William Waller, mceter of the HnddartPaxker steamer Wimmera, was changed that Jie did fail to ranter in .tho-log -an agreement with Michael Smith, a seaman on board the Wimmera. Mr J. F. M. Fraser appeared for the department, and Mr A. C. Hanlon for the defendant. Mr Hanlon applied (or an adjournment for four weeks, on the ground that' at tlie time when the offence was, alleged to have been committed the defendant was master of .the steamer Wimmera, which was now laid up in dock at Sydney. ( The log, of course, was on the steamer, and it was impossible for the defendant to know whether he was guilty or not. The case was adjourned until November 23. George Albert Marks, master of the Southern Steamship Company’s steamer Rakiura, was charged that, at Dunedin on .August 28 last, he did discharge seamen without informing the Marine Superintendent, 'as required oy section 55 of the Shipping and Seamen Act, 1908. * Mr J. F. M. Fraser appeared for the' prosecution, and Mr D. Ramsay for defendants, and pleaded guilty. Mr Ramsay explained that all the crew were not signed off. The mate remained on the vessel after the master and the other members of the' crew were signed off. The defendants had been under the impression that so long as the discharge of the 'crew was ratified by the Marine Superintendent everything would be right. He contended that the offence, which was admitted, was a very trivial one, and could be met by recording a conviction without inflicting a penalty. The Magistrate: I don’t agree with you, Mr Ramsay, that this is trivial. The Shipping and Seamen Act must be very strictly interpreted. Defendants were convicted and fined 2Cs, with costs (£3 10s). The Southern Steamship Company, being owners of the steamer Rakiura) were charged with having failed to transmit to the Marino Superintendent the agreement of the crew.

Mr J. F. M. Fraser, Crown Prosecutor, stated that the charge was laid under sec tion' 45 of the Shipping and Seamen Act, 1908.. The offence was in failing to deliver to the Marine Superintendent an agreement with the crew of the steamer Rakiura within twenty-one days of the termination of the agreement, as prescribed by the Act. The master and the whole of the crew, with the exception of the mate, were signed ,off on August 28. Evidence was given by Captain Beaumont, Marine Superintendent, who stated that the master and all the crew except one signed off on August 28 last. The articles of' agreement were not deposited in the department’s office jantil September 24—more than twenty-one days over the date of the termination of the agreement. Mr D. Ramsay, for defendants, contended that it was for the prosecution to prove that the defendants not only failed to hand in the article, but such failure was without reasonable cause. Tho agreement did not terminate until every member of the crew was paid off. The mate, who remained on the boat, must have been working under the agreement, or he could not hay© claimed his wages. He would call evidence to show that the company had reasonable cause for not handing in the articles. William Beadle, shipping clerk for the Southern Steamship Company, gave evidence to the effect- that, in addition to the mate, who stood by the ship, one seaman failed to sign off. Witness had tried to get the seaman to go to the. Marine Superintendent’s office for the purpose of being signed off. Witness informed the Manna Superintendent that he hud been unable to get the seaman signed off. The department informed witness to hand in articles as they wore, which he did. Witness stated that his only reason for not handing in the articles was due to his belief that until the seaman was signed off the articles were incomplete. To Mr Fraser :He did-not know of the provisions of the section of the Act. Mr Fraser: That is a pity, because the charge is brought under that section. Tho defendants were convicted, and ordered to pay court costs (7s) and solicitor’s fee (£3 3s).