INQUIRY ABOUT THE DAMAGED BOILER.

Taranaki Herald, Volume LV, Issue 14013, 18 September 1909, Page 3

INQUIRY ABOUT THE DAMAGED BOILER.

Per Press Association. AUCKLAND, Sept. 1». The nautical inquiry into the mishap in the Uarawa'a boilers on May 2/th was continued before Mr. Kettle, S.M., to-day. Mr. R. McVeagh, who appeared for the second engineer, submitted that the Court had not jurisdiction, since there had been no shipping casualty under the teims of the Act. Section ±M of the Shipping and Seamen s Act tmul that an inquiry such as this could only i elate to the lorn, abandonment, or material damage 10 a ship. In this case there had been no shipping casualty within the meaning of the Act, since there had been no damage to the snip at all, but only damage to the boiler. The Vourt had no jurisdiction whatever, therefore, to enter on this enqU Mr! Kettle said he was inclined to think that there was a good deal m the argument raised, but there was the probability that if he ruled this there would be a mandamus issued for the inquiry to go on to the end. Mr F. K. Bauine, K.C., who appeared for the third engineer, said he had previously raised the question ot the Court's jurisdiction. There was authority to show that such an inquiry only had jurisdiction where the ship was lost, abandoned, or materially damaged. There was no one who would say that this mishap involved serious - damage to the ship. . „, Mr Mays, ior the Crown, contended that the words "materially damaged .v the Act were apart from the words "lost or abandoned. He quoted in support ot his contention the .Supreme Court inquiry into tho collision of the Gertie and the Penguin, where the damage was not serious. Mr Kettle: Yes, but that was a collision. In this case the Rarawa was "^r Mays: My contention is that a casualty in the engine room is a casnalty to the ship. . . Mr. Kettle said the decision of the Court on the question of jurisdiction would be announced to-morrow, ihe .finding on the, points involved would follow if it were decided that the Court had jurisdiction.