AN OVERLOADED SCOW.

New Zealand Herald, Volume XLV, Issue 13708, 26 March 1908, Page 8

AN OVERLOADED SCOW.

THE CAPTAIN FINED.

SOME INTERESTING POINTS,

INEZ So ires, master of the scow Alma, was charged at the Police Court yesterday, before Mr. C. C. Kettle, S.M., with having' brought his vessel into the port of Auckland on September 5 last loaded so that the registered Plimsoll mark was below water. Mr. Mays appeared for the prosecution, Mr. McGregor acting for defendant, William D. Grant, employed by the Customs Department as tide surveyor, gave evidence as to the Alma's mark being covered when he inspected the vessel at her berth at the Railway Wharf. She was only showing two inches of freeboard, the decks being awash. He would say the mark was five inches under water. There was no list on the scow. Captain Day, also of the Customs Department, said the Plimsoll mark was submerged when he first saw the scow. She was then lying about a quarter of a mile off the end of the Railway Wharf. There was not very much wind at the time. lie could easily see a Plimsoll mark half a mile away. Mr. Kettle : Why was not a survey ordered Mr. Grant : That is only required in a case of unseaworthiness.

Mr. Kettle: I should say a vessel overloaded was unseaworthy. Mr. McGregor contended that there was no case to answer, as the vessel had been in port 24 hours before the officers had noticed her condition.

Mr. Kettle said that there was no suggestion that the boat had taken in more cargo, and therefore the contention could not lie. \

Captain Scares, of the Alma, said that lie left Ngunguni with 114 tons of coal aboard. He had carried 120 tons before the adoption of the Plimsoll mark without mishap. His mark was two inches above water when leaving Ngunguru. On arrival at Auckland the scow had to wait 27 hours for a berth, and during 24 hours of the period 7.6 inches of rain had fallen and. soaked the coal, the effect being to further submerge the vessel. If his mark was as low as stated his Heck would have been three inches under water. The vessel's decks were not awash when coming alongside the wharf. He denied that the mark was below ''the water when coming into port. Captain McKinlay, master of the scow Moa, gave evidence that deck cargo was sure to be affected by heavy rain. He would say that it would put a scow like the Alma down some three, or four inches. He considered the booms lying over one side would give a vessel a list, and thus submerge the mark on that side. He would not be able to see a Plimsoll mark a quarter of a mile away. Mr. Kettle: I suppose in carrying coal you would pile on all you could? Witness: No, Your Worship; that is where a great mistake is made. 1 have been a great many years in this trade. Before the Plimsoll mark was instituted masters loaded their scows according to their discretion, and never exceeded the reasonable limit when carrying dead weight; but when carrying timber it was different, for that had a certain buoyancy.. Now masters. always load down to the Plimsoll, regardless hi the cargo. ' Robert Reynolds, managing owner of the scow, gave evidence that 114 tons was the usual load carried by the scow. Mr. Kettle, in giving judgment, said he placed most reliance on the evidence for the prosecution. He thought that scow masters were liable to cut matters fine, and that there was a good deal of this sort of thing going, on. On the other hand, there might also be a certain amount of laxity on the part of the port officials. The maximum penalty for this offence was £100, showing that it was a. grave offence. Defendant would be fined £5. •

Mr. McGregor "demurred at the fine, and said it was excessive for a craft carrying deck cargo only. "Mr. Mays remarked that Captain Soares had a. good reputation. Mr. Kettle said he did not wish to appear vindictive, and would reduce the fine to £2 with costs.