Adjourned from the 26th instant, The Maarsrrare asked defendant whether ho had anything to sayin mitigation of penalty; a8 he considered the evidence given on Wednesday abundantly proved the charges, DevENpast said he saw thab, according to the Act, he had been wrong. What he did, he did with the best intentions towards the mon. Any omissions on his part had not been wilful or intentional. Perhaps if he had some have been put better than he had himself been to speak for him in, Court his, onto might able to put it.
The Macisrrare did not think he had suffered in this respect; the evidence was 80 clear.
Mr. Tarr, before His Worship proceeded fo deliver judgment applied, on the part of H. M, Consul, that the official log might be impounded, ho reason he did so was, that entries of the illness of the men had not been made in accordance with the Act, By Sec, 282, Para 5, the master was bound to enter, or cause to be entered in the log-book, "every case of illness or injury happening' to any member of the crew, with the nature thereof and the medical treatment adopted, if any." While Section 281 provides that every entry in every Official Log-Book shall be made ascon as possible after the occurrence to which it relates, and if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence and of the entry respecting it; and in no ease shall any entry therein in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge be made more than twenty-four hours after such arrival."
Inzeply to the Cour, Mr. Tarr added that the Kirkland was in port more than 48 hours before he had noticed and pointed out the omission to defendant. He applied that the log might be impounded, in order to send it to the idl of Trade, Order made accordingly.
His Worsmir then proceeded to deliver judgment as follows T have, since the hear log of the case on Wednesday, had an opportunity of examining the Book of Instructions that the Act under which these proceedings are taken requi every ship to be provided with; and thoresult of the examination of it is only to confirm the Jimpression I formed of the ease of the hearing. I do not think it possible to conceive a case which could show more cruel indifference or criminal carelessness on the part of a master, to the health or wellbeing of his men. I oan-not, imagine that the defendant desired to bring about the state of things that has been proved to: have existed in: his ship, but it is
Text read from the printed page and cleaned; old type leaves the occasional error.