DECISION RESERVED.

Manawatu Standard, Volume XLIX, Issue 180, 1 July 1929, Page 8

DECISION RESERVED.

FISHING LAUNCH USED

TO CARRY PASSENGERS

Decision was reserved by Air J. L. Stout, S.AL, in an unusual caso which was heard in the Alagistrate’s Court this morning, when tire Alarine Depart, ment took proceedings against two Paraparaumu fishermen. James Johnston and Alaurice Field were charged that being tlie owner and master respectively of a ship named the Viking, not exceeding six tons register, and propelled by gas, they did unlawfully cause it to proceed to sea, carrying passengers for hire, without having a duly certificated master or engineer. A further charge was preferred against Johnston, as the owner of the vessel, of plying it on navigable water between Paraparaumu and Kapiti without having a valid certificate of survey applicable to the voyage on which tlie ship was about to proceed. Pleas of not guilty were entered by defendants.

Mr F. H. Cooke, for the department, stated that the prosecution was an important one, as numerous complaints had been made concerning the use of fishing launches for carrying; passengers on excursions. There was a considerable danger to the public if launches were not properly surveyed or not properly found. The department felt that one day there might be a serious accident and the blame might be attributed to it for nqt taking step; to sea that passengers were properly protected. Considerable difficulty was. experienced in proving tlia.t passengers were taken. Joseph Scully, an official of the Marine Department, produced tho register of the Viking an oil launch of five horse-power, and of two tons. iNo application had ever been made for ? survey of the craft. Numerous complaints had been received from different people for a considerable time past. The prosecution had beei. brought against del end ants because 11. other cases difficulty had been encountered in securing the required evidence. He knew that the men made tlreir living from fishing. It w r as not a launch for hire in the ordinary- sense, and that was the objection. Johnston. obtained a river oil engineer s certificate last month. . , . Evidence was given «y 1 rofessor G. S. Peren, principal of the Massey Agricultural College, that last hebruary he went out on the launch v iking at Paraparauimi on about half a dozen occasions. He was given to understand that a party could have the use of tho launch for a day tor £o but that amount was not subscribed or, each occasion, although a sum o. money was paid. Roderick P. Marsh, farm manager residing near Taihape, stated that at Paraparaumu lass February fishing expeditions were made on the launch Viking, and lie and Professor Peren were among the party. He though, tliat he paid £1 each time ho went out, which was twice. There was a difficulty in obtaining the use of tliclaunch. , , Wol Similar evidence was given by Walter Turner, who stated that no charge had been made on soni" occasions when he had been out on the launch. Mr Elliott (Feilding) for defendants, submitted that, under the provisions of the statute, the prosecution coula not succeed. Under section 27 of the 1909 Amending Act, the obligation to have a fishing boat of less than >en tons surveyed did not apply. Jin launch did not ply for hire, and ho suggested that it was entitled to exemption from the regulations. The carriage of passengers was purely a side-lino. , , ~ Kir Cooke stated that when the launch was carrying passengers for hire it was not a fishing boat. As indicated, His Worship reserved his decision.