Page 6 - CYAA2024 Winter Series entry notice

YACHTS AND THE HARBOUR REGULATIONS.

Considerable interest was taken in the ca.se of Fullarton v Henry. heard before Messrs.
Aitken and McIndoe, J.P’s., at the Williamstown Court yesterday. Thomas Henry, master
of the yacht May Queen, was charged by Captain Fullarton with a breach of the Harbour
Trust Act, clause 42, in neglecting to regulate his vessel according to the direction of the
harbourmaster. Mr. Stewart, of Messrs. Malleson, England, and Stewart, appeared for the
Trust, and Messrs. Croker and Emerson for the defence.
Robert Fullarton, harbourmaster, deposed that be signed a notice ordering Mr. Henry
to remove his yacht May Queen to the Sandridge Bend. He had arranged that all yachts
under a certain tonnage should be moored or anchored there, and the May Qaeen wa9
within the tonnage prescribed. On 3rd April —subsequent to the order—the vessel was
anchored off the Ann-street pier, Williamstown, which, in his opinion, was a dangerous
place to vessels coming in and out the fairway.
To Mr. Croker.—He heard that Mr. White, owner of the May Queen, was vice-com-
modore, but did not know of his own knowledge. Had never seen the vice-commodore’s
flag flying from the vessel. Had fixed a certain portion of the bay, off the Ann-street pier,
for coal hulks and lighters, and set apart Sandridge Bend for yachts.
Alfred Thrussell, assistant harbormaster, deposed that he had instructed Captain Henry
to remove the yacht, but no notice was taken of his instructions, defendant telling; him that
he would not remove the Queen from her moorings.
To Mr. Croker.—He considered that Williamstown afforded better shelter for yachts
than Sandridge Bend, as south-easterly gales made the latter anchorage dangerous. Coal
hulks and lighters were anchored close to the position the May Queen had taken up. He
considered hulks and lighters—on account of their size—more dangerous of Ann-street
pier than yachts.
For the defence Mr. Croker called Robert Shepherd, who deposed that he was a yacht
sailing master, and was of opinion that the May Queen while moored off Williamstown did
not interfere with the fairway. He thought Sandridge, during the prevalence of certain
winds, a most unsafe place for yachts. It was impossible to board a yacht in that place when
a southerly wind was blowing. There were also two powder hulks in the bend which, in his
opinion, were not nice companions.
Martin Stafford, another yachtsman, gave similar evidence, and Frederick Ellis, yachtsman,
bore testimony as to the unpleasant smells at Fisherman’s Bend, and the difficulty in
boarding crafts there when there was a"swell” on, and the hardship of the extra dockings
necessary to crafts anchored in this place.
The Bench remarked that, however unpleasant to yachtsmen to be obliged to moor at
the bend, the Bench had no alternative, in the face of the wording of the act, but to indict a
fine. Defendant was ordered to pay 40 shillings with 21 Shillingscosts. Mr. Croker asked
for 14 days to enable him to appeal, which request was granted.
Captain Thrussell, assistant harbourmaster, gives the following explanation why
yachts moored off Williamstown were ordered to the Fisherman's Bend. He says that
steamers plying up the Yarra at all hours sometimes require, in falling tides, to lighten their
vessels, in order to proceed to town, and before yachts were thought of these vessels were
berthed in positions where they could work at all times and in any weather. A yacht lying in
too close proximity to the discharging hulk, might be seriously damaged by a steamer so
discharging. The proprietors of the City of Melbourne hulk pay about £3,000 a year
wharfage rates, as also do Messrs. H. Smith and Co., Messrs. Huddart, Parker, and Co.,
Messrs. James Patterson and Co., and Mr. H. Moss, and are therefore deserving of more
consideration than a pleasure yacht, from which the port derives no benefit.