RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIII, Issue 4300, 12 October 1882, Page 2

RESIDENT MAGISTRATE'S COURT

THIS BAY

(Before H. Eenrick, Esq., E.M. lU.NGBBOI7S GOODS.

Joseph Clark was cited for baring a quantity of kerosene on his premises, Pollen street, in excess of that allowed by the Dangerous Goods Act. Mr J. B. Mason, Inspector, deposed that defendant is licensed to store kerosene to the extent of 80ga)s. Gave him notice when he had reason to believe that he was keeping a quantity in excess^ Defendant replied "All right, I'll attend to it." Warned him three times, and then seized six cases containing 56gals. Mr Clark admitted that Mr Mason's evidence was substantially correct. He was intending to sell out the little he had in excess and comply strictly with the regulations. He had the authority of a Borough Councillor for saying that uearly every storekeeper on the Thames had an excess at that time.

Mr Mason said that when he visited the houses only one storekeeper had excess, and he removed the surplus to the magazine.

Judgment reserved till to-morrow morning, His Worship remarking that defendant was liable to a penalty of £20 for each day, besides forfeiture of the

goods

Important to Iffarinars. HAEBOp MASTER V. CtBBICK.

James Carrick was charged* with a breach of the Harbor Regulations by not mooriog his vessel, the schooner Marion, on sth October, when directed to do so by the Harbor Master. Mr Miller appeared for plaintiff; Mr Brassey defended. Win. Davies, Harbor Master, deposed ■—Defendant arrived off the wharf between 12 and 1 o'clock. Saw a boat Bent ashore from the vessel, and went down the wharf. Said he. did not think there was sufficient water to come alongside, there being about 8 feet; but the. master might try to oome to the north side, but on no account to come on the other side, as that was specially reserved for the Rotomahana. Found the schooner

in the place where he had directed them not to come. Learned the Botomahana could not come in, and the night was to dark he had to land his passengers in the boat. Upon speaking to the defendant he said he paid dues as well as the Boto- r mahana. He had warned defendant several times not to go into that berth.

Cross examined : Had no dislike to defendant. The Julia Pryce is lying in the Eotomahana's berth. Do not allow vessels to take up positions where they like. It is not customary for him to berth these vessels. It was about high water. The Marion'draws about 9 feet 6 inches. "She' ' could not get as deep water on the north as south! It would be better forrher to go through the Eotomahana's channel. She got stuck before coining to the wtiiirf; he hauled her alongside. If the schooner was going for the north side she could not have got into the Rotomabana's channel. There are times when: vessels can f be accommodated in the Uotomahana's berth when that vessel is not expected.

Bichard Bchofield, toll-keeper, gave corroborative evidence.

Capt. James Garrick deposed^He sent two men ashore to ascertain if be could go alongside. The reply he fcoi was there was Bor 8| feet; he could try if he liked. He knew the tides were taking off, and they did take off a foot "*-> that night. He hoped to get beyond the Botomahana's berth. Through the steamer's channel is the only way for this vessel to get to the wharf; she could not go to the south side; he would not have been able t j discharge there. Did not intend to take he Eotomahana's berth. He was stuck before one time, and the ; Eotomahana had to give him a line. Captain Davies had previously told, him the berth was for the Rotomahana. He had seen vessels come alongside 'Without asking where they would go, whereas he; * was * always compelled to go where instructed. Tried to take his vessel away from where she stuck all that day. He went into the Rotomahana's berth intending to lighten his vessel, and then move up higher out of the Eotomahana's „ way. "' ", ..'.■■'.■!'■ :' ' i';-'' v: : Hans Peterson, mate of the Marion, deposed to going ashore in the boat. Captain I'avies said to him there were.B feet of water, and he did not expect they would get in, but they could-try. Capt. Davies pointed to both sides of the wharf, and said the Eotomahana was coming in at 12 o'clock that night. No other berth than.the south would suit the Marion. They did not wish to take the Eotomahana's berth, but go up the wharf as far as possible. They stuck and used every endeavor to get their vessel further up, carrying away their ropes in so doing. Charles Carlston deposed to going ; ashore with Petersen. Capt. Davis did; nob?" | .say to go on the north Or south side,; and if he had witness would have-? heard him He pointed to;,both sides, and witness supposed that he meant there was more water on one side,- s than the , : other. Witness asked him if theEotomahana was coming down. Hii Worship said that it appeared to have been the custom for vessels not to come in without asking the HarborsMaster, but he had not always allotted them their berths. He had no doubt Capt.; Davies did warn the men about, not r taking the Eotomahana's berth, but they did not so understand him, nor did they tell the captain that he was not to go to that side. .From the faot of-the-men inquiring of the Harbor Master about the. Eotomahana, it was evident they contemplated coming to Jthc south aide. The case would be dismissed without costs, as he had no reason to. suppose that there ■ had been wilful disobedience. It would be welf, however, for the future for masters of vessels to ascertain from the Harbor Master where lie wished them to berths :::.-. :v : r- ~>.■■ : ■ ..- .■■'■• * t-.-t*vY