FERRY STEAMER BY-LAW.

New Zealand Herald, Volume LIII, Issue 16408, 9 December 1916, Page 7

FERRY STEAMER BY-LAW.

LANDING OF PASSENGERS.

WHEN" DOES "MOTION" CEASE.

A PRONOUNCEMENT upon the questic. as to when a ferry boat can reasonably be said not to be in motion was made by Mr. E. C. Cutten, S.M., in the Police Court yesterday when the further hearing of the charge against John Hislop of leaving a ferry boat while in motion came before him.

The magistrate said it was admitted that defendant got off the boat before the gangway was down, and lie did not wish to hear any further evidence. He had discussed the matter with his brother magistrates, and they agreed with him a.-! to the interpretation of the by-law. The by-law might be a little difficult to define, but a reasonable interpretation had to be placed upon it. He was of opinion that a reasonable interpretation of when a ferry steamer had finished its journey was when the chains and gangway were down and the general working of the vessel completed. Defendant would be convicted and ordered to pay costs.

Mr. Scantlebury asked that the penalty should be increased to £5 Is, with a view to making an appeal. He also asked whether the magistrate was basing his decision on fact or on law.

Mr. Cutten .--aid it was really a question of fact. He would impose a fine of £5 Is to allow of appeal. Counsel then said he would like to call further evidence, and asked if the magistrate would say definitely that a ferry boat is in motion unless the gangwav is down.

Mr. Cutten said that was his findincTie consented to adjourn the case until Monday and not to enter a conviction in the meantime.

Counsel remarked that there had been a. lot of trouble over the by-law, and a dear interpretation of it was sought to end the trouble once and for all.