OVERLOADED SCOWS

Sun (Auckland), Volume IV, Issue 949, 16 April 1930, Page 9

OVERLOADED SCOWS

FOUR MASTERS CHARGED RULING ON LIABILITY The absolute liability of the masters of scows to see that the loadlines on their vessels were always j above water was stressed by Mr. V. jX. Hubble when four masters were convicted at the Police Court yester- ' day. A. Aspden, of the Hero. R. Chisholm, of the Rahiri, F. E. Ross, of the Mag- ! gie, and Olsen, of the Combine, were j charged with overloading scows, i Mr. Hubble prosecuted and Mr. ; Dyson appeared for defendants, pleadj ing guilty for all but Ross. ; Mr. Hubble said the cases brought under the Shipping and bta- ! men's Act, 1908, and Amendments. ! They were regarded as serious breaches, as the Act was intended to ; protect life as well as property. It had been decided by the Court of 1 King’s Bench in 1927 that even when a master started a trip with the loadline clear, he was liable if the vessel encountered a storm and shipped water adding to the weight of the cargo. Mr. Dyson explained that the loadlines of the vessels had been clear when they left port, but they had shipped storm-water. In the case of the Maggie the load-line on one side only had been beneath the water. I Convicting all four defendants, Mr. ! F. K. Hunt, S.M., held that masters of j scows should allow for bad weather jin loading their vessels. Theirs was a clear liability and if the vessel arrived in port with the load-line submerged the Act made them responsible. The magistrate said he would not impose heavy penalities as these were the first prosecutions for some time. Aspden was fined £3 with costs £2 12s, Chisholm and Olsen were each fined £3 with costs £2 15s and £2 12s re- ! spectively and Ross was convicted and ordered to pay costs £2 15s.