SHIPPING AND SEAMEN ACT.

Press, Volume LXV, Issue 13336, 30 January 1909, Page 3

SHIPPING AND SEAMEN ACT.

AX ANOMALY

An anomaly in the Shipping and •Seamen Act, 1&03, with regard to tho manning scale, was shown to exist by a case against the master of a collier, which was dealt with by Messrs G. A. Lfwin. J. P., and G. C. Smith, J.P., at tho Lyttelton Mogistrate's Court yesterday.

Captain Matthew Sillars, master of the »:«?niii>>hii> Canoi>iis, was charged with having commuted a broach of section o-l of the £>liii>ping and iscanien Act, 1903, by failing to carry two trimmers as required by thi> schodulo for a- ship of l^OOliorse-pou-cr. Defendant pleaded guilty. Captain Marciel, Superintendent of Mercantile Marino at Lyttelton, explained that under tho schedule tho Canopus should carry threo firemen, two trimmers, and wo creasers. As a. matter of fact, tho vessel carried six firemen and three greasers, which was two men in excess of what was required by the Act. The ship was paying more wages in re&pect of her six liroinen than sho would be if carrj'ing three firemen, and two trimmers. Another suction of tlio Act provided, however, that tho men could not bo called upon to do work other than in that capacity in which they had signed on, except in cases of emergency. Tho defence set up that tho Canopus did not reuuiro any trimmers (her bunkers being practically self-trim-nun-) except when she had' been held lip tor tivo'or three days in bad weather. Tho firemen could then dp any trimming required. If tho Canoxws carried only three firemen and the two trimmers, tho latter could not bo compelled to do "uring," except in cases of emergency. There would be practically nothing for trimmers to do on board.

Captain Marciel said that- no provision had beon mado for this in tho Act so k that the case dealt with an anomaly. Captain Sillars said that tho Canopus had been "cleared" from Duncdin and Irom Wostiiort on tho understanding that no trimmers xvero needed. Captain Marciel said that was so. Ho liad been instructed by the Marino Department to prosecute Cantain Lobb, hut as he was ill tho charge had been brought against Captain Sillars. Tho Bench convicted Cantain Sillars, and ordered him to nay costs, 7s Gd. Tlie Hcnrh Marl ciol to suggest that an alteration should b» made in tho Act to provide for such cases as that- of tho Cunopus. <