SHIPPING ACT-A FINE POINT

Dominion, Volume 7, Issue 2135, 29 April 1914, Page 8

SHIPPING ACT-A FINE POINT

• INTEiySSTING DECISION. I (By Telesraph.—Press Association.) Auckland, April 28. 'A judgment of particular interest to owners* of registered tisliing launches was given this morning by Mr. I'Vazer, iS.M., in the- case against Jas. Carroll, master of the fishing launch Hero. Ho ■was charged that on Sunday, January 18, being master of a steamship under the Shipping and Seamens Act, ho look tho vessel on an excursion without the .boat having a certificate of survey. It was admitted that tho launch was a registered fishing boat, and that on the da.tc in question tho defendant took a party of friends on a fishing excursion to Waiheke, the party subscribing £'7 10s. to pay for the benzine. His Honour first traversed the contention of tho prosecution that a. boat registered as n iishiug boat, and incidentally exempted from the necessity of a survey certificate, could not change her status to that of a pleasure boat so long asr the registration existed. He (fclio Magistrate) hold that, whilo a registered fishing boat of loss than ton tons is regarded as a fishing boat for tho purposes of tho 'Fisheries Act (so long as her registration exists'and no matter for what purpose slio may be used), still sho may temporarily bo divested of that status tor tho purposes of tho Shipping and Seamens Act. Sho may becomo a pleasure boat, and bo entitled to the exemption allowed to pleasure yachts hy tho latter Act, so long as she retains that character. To hold otherwise- would bo equivalent to ruling that the owner of a registered fishing launch is (for no apparent reason,) debarred from the privilege* of entertaining his relatives ami friends —a privilege which is granted freely to tho owner of a similar vessel which is not so registered. The information was dismissed , ..