RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 494, 28 November 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

TIJIS ])AV. Before J. llas»cll ami \V. J. Steward, Em*., j.p'h. OVKIIt.OAI>IN(i A VESSKL. Charles Frederick Suiimlnun, mas*;r of tin; schooner Maltha llcid, was cHiU'-godi with having overloaded his vessel tub l!>yttelton.

The defendant plotted Not guilty. Mr. Thompson, Sub-colhctor of Customs, prosecuted, and tjuoted from the Otdi r-in-Couneil under which tho pro* | cet dings wuvo taken. | James Shand gave evidence tm to thoarrival of the Martha Jtcid in jiott, and to. the fact of this having, hy direction of tho Harbour Master, measured the vessel,, and found there w.is only 10 inches of side shown from the upper Hide of the deck-plank to the waters edge. Mr. Thompson put, in tlio ship's register, .showing that the depth of hold was C and 7-lOths feet, and Haid that such; being the case the vessel should have: shown a free board of iJO inches according; to the regulations, lie did not wish to' press for a penalty in the case, but m-.Tely wanted to show that tho regulation* must, be acted upon. Captain SeWell, Harbour Master, stated', that liis reason for ordering the vvhbul tobe measured was that lie considered her overloaded, and that she showed lens "side" than she should have done under the regulations. The defendant stated that on arrival here he had asked the pilot (Sliaiid) if there was anything wrong, and ho had replied that there was not. Tho present was a much lighter cargo than he had previously brought to Oainarit, being only 10G tons 10 cwt. of coal ; whereat* on a fornur occasion he had brought hero 118 tons of coal. The vessel had kid alongside the wharf a». Lyttelt.m for some time* but nothing had then bei'ii said about her being overloaded. The Bench said that they would deal leniently with the case, though there «'ft» 1.0 doubt that the ngulatioim had been contravened. Tho vessel, however, appeared to be a tight one, and there wa» not much danger. They would fine tht» defendant LI.