BELOW PLIMSOLL MARK

New Zealand Times, Volume LI, Issue 12015, 18 December 1924, Page 10

BELOW PLIMSOLL MARK

AMERICAN VESSEL FINED MAGISTRATE DECLARES FOREIGN SHIPS LIABLE TO LAW. APPEAL MAY BE MADE. Reserved decision was delivered by Mr E. Page, S.M., in the Magistrate’s Court yesterday in the case in which the Marine Department proceeded against the master of the s.s. Shreveport an American owned vessel, for loading the ship below the Plimsoll mark “I am of ©aid the magistrate, “that a conviction must be entered in this case. . . According to the facts stated by oounsel the vessel is owned and registered in the United States of America. -She had been in this port in September last. On her arrival on that trip she had no load-line painted on lier. Before she lsft in September, she was marked' with 4 a disc and load-line in accordance with the requirements of section 206 of the Shipping and Seamen’s Act, 1908, and her master was advised that if she returned to New Zealand her load-line must not be submerged. She returned on November 24th with her load-line, which was still marked on her. submerged seventeen and seven-eighths inches in the water. GROUNDS OF DEFENCE. “Two grounds are taken by counsel in answer to the charge. Sub-section 6 of section 208 of the 1908 Act provides that ‘any master of a British ship arriving at any port in New Zealand and so loaded as to submerge in salt water the oentre of the disc shall be liable ... to a fine.’ "Section 34 of the 1909 Act provides sections 207 to 212 of the principal Act shall apply to all foreign ships while at any port in New Zealand as they apply to British chips. It is contended that the provisions $o far as they relate to foreign ships only apply after such ships have arrived and are at the port, and do not include their condition on arriving. I am unable to accept this contention. It seems to me that the provisions of section 34 which extend the provisions of the 1908 Act to foreign ships at any port cover the whole period at the port including the moment of arrival. “The second grotmd taken by counsel has reference to the difficulty in applying the provisions of sub-section 6, section 208, to certain foreign’ ship©. Subsections one to five of section 208 (which provides that the owner of a British ship proceeding to sea shall, a certain time before sailing, mark a disc and load-line in acoordanoe with the tables used by the Imperial Board of Trade are copied from section 440 of the British Merchant Shipping Act, 1894. PROVISION FOR LOAD-LINE. “There is no provision in the Eng* lish Act corresponding to sub-section 6 of our Act. That sub-section, providing as it does that the owner of a BritiS ship may not arrive in a New Zealand port with a load-line submerged, presumes the presence of such a load-Jine on the ship, although there are no statutory requirements in New Zealand to mark such a line until the vessel is proceeding to sea. No doubt British ships arriving here would, as required by the English Act, have such a load-line What, however, is the position of a vessel, whether British or foreign, which may arrive here without a load-line marked on her? 9he may come from a port where the marking of a load-line is not required. In the state of facta which exist in the present case I do not find it neressary to decide this question. The vessel had been here in September, and then had a load-line marked on her. Section 5 of section 209 provides that ‘when a Bhip to which this section applies has been marked with a disc indicating th* load-line she shall be kept ss marked until her next| return to a port of discharge in New Zealand.’ ALL FOREIGN-GOING SHIPS. “The section, except sub-aections three and four thereof, applies to all foreign-going ©hips, whether British or foreign, and whether the owner is required to enter them outwards or not. There was therefore' a statutory obligation upon the owner of this vessel to keep marked on her until her next return to a port of discharge in New Zealand the diso that was marked on her in September last. “My conclusion is that sub-section 6 of Action 208 shows f that there exist ship© (whether British or foreign) in : respect of which there is an obligation on the part of the owner to have a disc on the vessel at the time that she arrives in por. Whether it applies to other cases as well I do not find it, necessary to decide. Defendant will be convicted.’’ A TEST CASE? Mr M- Myers, ICC., asked that only ; a nominal fine be imposed. It was the first case of its kind to come before the court, and the master had acted as he did for the purpose of having the matter tested. Mr J. Prendeville. for the Crown, pointed out in opposition to this that the Marine Department had informed the master on his previous visit tq New Zealand tht it was illegal to load the vessel below the load-line. Nevertheless he had chosen to act contrary to this direction. FINE OF £25. Hoe Worship said that he could not take the view that it was a case for the imposition of a nominal penalty. A fine of £25 would be imposed, together with court costs, 7s, and counsel’s fee, £2 2s. Security for appeal was fixed at the amount of the fine and costs, plus £lO 10s. Mr Myers explained that it had not yet beep definitely decided to lodge an appeal, but the matter would cer- ; tainly bo considered.