The Ruapehu Enquiry.
(Per Press Association ) Wellington, .January 10. At the Nautical Court, Mr Skerrett I con'endbd Hint the jurisdiction of the Court 'o deal with tbe certificates granted by tliD B-.jard of Trade was delegated to that power, and the Court must deal with the certificates in the same manner as would be dont by the Board of Trade. lie admilted the Conrt here had power to enquire inti the stranding of the Ruapehu, but had no power to deal with the certificates except in accordance with the the Imperial statute, and quoted a case where in Australia the captain's certificate was cancelled, but on appeal, the Supreme Court decided the Nautical Court hsd no power to deal wilh the certificates issued by the. Board of Trade. As the liuapejiu was not wrecked or sustained any damage the Court could not suspend or cancel the certificates, and cited an English case in whicii the vessel went on a sand bank, and after jettison* ing 50 tons of her cargo got off without sustaining damage, the Nautical Court suspended the certificate, but the Higher Court held tbe former had no jurisdiction. Mr Brown, for the chief officer, and Mr Dean for che fourth oflicer, said Mr Skerrett had placed tlieir views of law fully before the Court. Mr Gully, for the Customs Department argued that the Imperial statute gave the Colonial legislature discretionary power to deal with certificates, and as long as the Colonial Court had discretionary powers given to it by its legislature it had a right to bring British vessels within its jurisdiction- The intention of the Imperial statute, he said, was not to give the colony legislation, but to allow it to legislato ior itself. The yarious counsel then reviewed the evidence at length and the Court intimated it would deliver judgment on Monday afternoon.
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Bibliographic details
Feilding Star, Volume XVIII, Issue 162, 11 January 1897, Page 2
Word Count
308The Ruapehu Enquiry. Feilding Star, Volume XVIII, Issue 162, 11 January 1897, Page 2
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