RESIDENT MAGISTRATE COURT. CAMPBELLTOWN.

Southland Times, Issue 596, 26 November 1866, Page 2

RESIDENT MAGISTRATE COURT. CAMPBELLTOWN.

WEDNESDAY, 21st NOYEMBEH. (Before I. Newton Watt, Esq., E.M) Thomas Robertson, master of the s.s. Tairoa was sued by C.F. O'Toole, SubCollector of Customs, and Collector of Light Dues, for the sum of 4s 3d, amount due on the 22nd Septembar last, upon the above vessel entering Bluff Harbour. Defendant said that he had paid light dues at the time in question, at Invercargill, and that for every trip the dues were only payable at one Port in each Province, which was the case in Otago and Canterbury, and he might state that such was the intentions with respect to Southland, for it was he (the defendant) whilst Secretary to the Marine Board who drew the Regulations bp. He also pleaded that the dues were only payable on vessels that were entered inwards at the Custom House, that on the occasion in question his manifest was only used by the Sub-Collector. The Sab-Collector said he proceeded on the plain wording of the regulations ; it was not for him to know the intentions of the writer to be otherwise than they appeared. He also considered the course taken in the case constitute^ a sufficient " entry " for the purpose of the regulations ; defendant had landed certain goods which had been endorsed on his manifest, and the endorsement had been signed by him, (the Sub-Collector.) Mr Watt: —There can be no doubt but that the dues were leviable in every Port of Southland upon every trip, with respect to the question as to when they beccame due at any Port, there might be some little doubt. By the 21st Clause of the " Marine Board Act 1863," The Marine Board Act authortized to fix •lighthouse dues (not excluding those specified in the schedule) which shall be payable on all vessels " arriving " in any Port. The rate (applicable to the present case) specified in the shedule, is for every steam vessel employed in the " coasting trade " on entering inwards at the customs" The regulations issued by the Marine Board state the " dues shall be levied on returning inwards only" assuming as I think we may that the entering inwards refers to the entry at the Customs and not to the entering of the Harbor, T have referred to the " Customs Regulation Act 1858" to ascertain, what constitutes an " entering Inwards, but the phrase does not occur j but I find there what I take to be the same proceeding is called a " Report." In the absence then of any better authority I must take the opinion of Mr O'Toole as that of a report and decide that the vessel-was entered inward. Judgment for plaintiff 4s 3d and costs 9s 6d. Defendant intimated his intentions of moving the G-overnment in the matter. Mr Watt advised him to do so and added there could be no doubt but that the regulations pressed unfairly on the Province of Southland.