SHIPPING AND SEAMEN ACT.

Otago Daily Times, Issue 14355, 27 October 1908, Page 11

SHIPPING AND SEAMEN ACT.

o TO BE STRICTLY INTERPRETED. At tho City Police Court yesterday, before Mr H. Y. WicMowson, threo cases of alleged contravention of t>he Shipping and Seaman Act were heard. William Waller, mastor of the HuddarfParker steamer Wimmera, was charged with having (ailed to enter in the log an agreement with Michael Smith, a seaman on board-tho Wimmora. Mr J, F. M. Eraser appeared for the department, am! Mr A. 0. Hanlon for the defendant. Mr Hanlon applied for an adjournment for four weeks, on the ground that at the time wher tie offence was alleged to have been committed tho defendant was master <s tho steamer Wimmera, which wa6 now felid up in dock at Sydney. Tho lor, of vwuree, was on (he steamer, and it was impossible for the defendant to know whether oo was guilty or not. Tho case was adjourned until November 23. * George Albert Marks, master of the Southern Steamehip Company's steamer ltakiura, was then charged with having at Dunodin, on August fed last, discharged seamen without informing the marine superintendent, as required by section 65 of "Tho Shipping and Seamen Act, 1808." Mr J. F. M. Fraser appeared for tho prosecution, and Mr D. .Ramsay for'dofondant, pleaded "Guilty." Mr Ramsa.y explained that all the crew were not nigned off. The mate remained on tho vessel aftor tho master and tho other members of the' crew were signed off. The defendant had been under tho impression that so long as tho disohargo of the crew was ratified by the marine superintendent everything would bo right. Ho contended that the offence, which was admitted, was a very trivial one, and could be met by recording a conviction witliout inflicting a penalty. The Magistrate: I don't agree with you, Mr Kamsay, that this is trivial. ''Die •Shipping uml Seamen Act must he very Strictly interpreted. Defendant was convicted and fined 20,1, with costs (£3 lCs). A case was then heard against the Southern Steamship Company,, who, being owners of tho steamer Rakiura, were charged with having failed to transmit to the marino superintendent the agreement of the crew. Mr J. F. M. Fraser, Crown Prosecutor, conducted the case for the prosecution, and stated that the charge was laid under section 45 of "The Shipping and Seamen Act, 1908," The offence was in failing to deliver to the marino superintendent an agreement with tho crew of the steamer Rakiura within 21 daye of tho termination of the agreement, as prescribed by the act, The master and the whole of the crew', with the exception of the mate, were signed off on August 28. Evidence, was given by Captain Beaumont, marine superintendent, who stated that the master and all the crew except one signed off on August 28. The articles of agreement wcro not deposited in the department's office until September 24— moro than 21 'days after the date of the' termination of tho agreement. Mr D. Ramsay, for defendants, contended that it was for the prosecution to provo that the defendants not only failed to hand in the articles, but such failure was without reasonable cause. The agreement did not terminate until every memlor of the crew was paid off. The mate, who remained on tho boat, must have been working under the agreement, or he could not have claimed his wages. He would call evidence to show that the company had reasonable cause for not handing in tho articles. William Beadle, shipping clerk for the Southern Steamship Company, gave evidence to tho effect that, in addition to tho mate, who stood by tho ship, one seaman failed to sign off. Witness had tried to get-, the seaman to go to the marine superintendent's office for tho purpose of being signed off. Witness informed the marine superintendent that ho had been unable to get the seaman signed off. The department told witness to hand in tho articles as they were, which ho did. Witness stated that his only reason for not handing in the articles was duo to his belief that until tho seaman was signed off tho articles were incomplete.—To Mr Fraser: He did not know of tho provisions of the section of the ant. Mr Fraser: That is a pity, becauso tho charge is brought under that eection. Tho defendants were convicted and ' ordered to pay court costs (76) and solicits foe {£3 2a).