SHIPPING AND SEAMEN ACT

Evening Star, Issue 12101, 6 November 1908, Page 4

SHIPPING AND SEAMEN ACT

A CAPTAIN FINED £lO. Captain John Bcrncch, of tho s.«. Warnmco, was charged in the Police Court today that he did unlawfully proceed to sci uthout having a full crew on board Mr J. F. M. Fraser, Crown Prosecutor, appeared for the prosecution, and (Mr White for the defendant.

.Mr White mentioned that Captain Bernecli did not know that there was not the required complement aboard, as the chief engineer attended to the"lower deck hands. Mr Fraser raid that the defendant took over tho Warrimoo at Wellington, and brought tho steamer to Lyttelton, where he left it. Probably at the timo ho took command ho did not know that they were one trimmer short, although there were more firemen aboml than proscribed by the Act. No doubt the captain had neglected to call up the chief engineer before sailing to ask him if there was a full complement of the crow aboard. Captain Bernecb, who gave evidence, said that he did not know the ship was shorthanded. It was the duty of the chief engineer to report any shortage, but no report was made. It was not his practice to call up the chief engineer and the chief officer to ascertain if the number of the crew was complete. Mr Fraser; In future I advise you to always call up the chief engineer and the mate and ascertain if a full complement is aboard. The advice costs you nothing, and is worth taking. Mr White; The Act provided for nine firemen, fits trimmers, and three greasers They had three firemen over the required number. One of the three could easily have been used in the lower capacity. Re contended that the broach was trivial' Air Fraser ; The Act does not allow the shortage in one department to be made up from another. The difficulty could have been got over by writing off opo of the firemen at Wellington and writing him on again as a trimmer Mr White ; This is the first prosecution of the kind in Dunedin, and a small fine will meet the case. The (Magistrate: The company will pay the fine. (Mr Fraser: It would not be fair to ask the company to pay the fine. ’The Magistrate: But the Act says that tlie master and owners are liable. Mr Fra-ser: That is so. But it would not be fair to proceed against the owners, nor would the masters like it. The company did not want the (ships to go shorthanded. The Magistrate said that he would convict, and inflict a fine of £lO and costs. As for costs, it had been his custom to allow one guinea solicitor’s fee in Auckland, but it had been the custom in Dunedin to allow three guineas, and it was well to have uniformity. Mr White: It is bad to have uniformity of a bad thing. Air Fraser. I cannot distinguish between this and other criminal cases, but I will accept your Worsliip’s ruling. The Magistrate; I will allow one guinea costs and costs of court (7s).