WRECK ENQUIRY.

Nelson Evening Mail, Volume XII, Issue 199, 23 August 1877, Page 2

WRECK ENQUIRY.

[Before L. Broad, Esq., It.M.] On the Court resuming this morning Mr Acton Adams stated that he was instructed not to press the claim for costs against the Captain. The Court, therefore, ruled that each party should pay their own costs, the Ciovernment paying the expenses of all witnesses for the Crown except those of the captain, and first and secoud officers. Mr Pitt said he wished to mention a matter to the Court whioh was partially alluded to by him yesterday, namely as to whether the decision of the Court should be anything' more than a report to the Board of Trade in England through the Governor of the colony as to the opinion of the Court that the certificates of the officers mentioned should ; be ?" s P*;" ded - He referred to section 109 of ihe Merchan Shipping Act, 1854. which ex™e(l 'he application of the provisions of that Act as to the cancellation or suspension of the certificates of masters aud mates— to the masters and mates of all sea-going shins reg,3ieredm the United Kingdom (and the Queen Bee was such a ship) wherever the same might be. He contended that such provisions applied to them here in New Zealand, and therefore that the procedure as to the suspension of their certificates was governed by the "Merchant Shipping Act, 1854." More over, these provisions had by the "Merchant

Shipping Act Adoption Act 1869," of New Zealand, section 3, been specially declared to apply to all British ships being within the junadictioa of New Zealand, and to their . masters aod crews. Now o\eof those provMiOEis waa contained 1 in -section 24-Aof the/- Merchaat Shipping. Act, x l8U:" by which it is enacted that if upon any investigation made by any Court or tribunal authorised or to be authorised by the legislative authority in any British possession to make „ enquiry into charges of incompetency or misconduct on the part of masters or mates of ships a. report is made by. such Court or tribunal to the effect that the los 3 of any ship has been caused by the wrongful act or default of any master or mate, and such report is confirmed by the Governor of such possession, the Board of Trade may suspend or cancel of any such master or mate. He argued that whilst section 15 of the "Enquiry into Wrecks Act, 1869," which provided 'as to the Court "deciding" that certificate should be suspended or cancelled, was no -longer valid as. to certificates of masters or mates granted in New Zealand; yet that the Court could only suspend a certificate granted by the Board of Trade uutil the decision of the,. Board of Trade upon the report of the Court if confirmed by the Governor, was bade known. Mr Pitt contended that sec'i"?-™^ 6 J^dong with 'the provisions of the' Merchant Shipping Act, 1854," to which he referred. If the ''Enquiry into Wrecks Act" affected to confer greater powers on the Court than he had indicated, thou to thaf^tent.it "-vas ultra wires His reason for mentioning the matter was because Captain Davies intended appealing to the Governor and to the Board of Trade against the, decision of the Court. His Worship -said that the decision he had arrived at was not conclusiveas it yet had to be revised by the Governor, who would make suet recommendation as ~he pleased to the Board of irade. He wished before the Court closed to add that the Nautical Assessor had requested him to say-and in this he fully agreed— that nothing that could have . been done had been left undone by the counsel for the captain, who throughout the case had deployed the greatest clearness, painstaking, care, and ability.