A.—la

8

(M. 21,266.) Applying the principles as set out in my general memorandum, to the provisions of the various sectionsjof the New Zealand Act, the following is the result:—

I. C3 CO ts] o 0) to %m 93 00 ■M U P4 a "3 . (D CO o o +r oj += -w P o <D -< CO <D I ca a o o ™ si> m .2 "8 J S S _ CO CO .2 S 2 sag a, o a l-H Observations. 1 I 2 Preliminary. The application of this Act to all British ships registered at, trading with, or being at any place within the jurisdiction of New Zealand is, it is submitted, in excess of the powers of the colonial Legislature. The only provision in the Imperial Act which warrants such an extension of the jurisdiction of a colonial Legislature as regards merchant shipping is to be found in section 264 of the Imperial Act, Part II., and is confined to the matters therein referred to. 3 4 742 The definitions of " buoys and beacons," " Collector of Customs," " consular officer," "harbour," "lighthouse," "master," "pilot," "seaman," "ship," "superintendent," "tidal water," and "wages," are substantially those contained in section 742 of the Imperial Merchant Shipping Act, 1894. The definition of "amidships" is taken from section 437 of the Imperial Act. The definition of " desertion " should, I think, be omitted. There is no such definition in the Imperial Act, and whether or not "desertion " is proved seems to be a matter for a court of law. Moreover, as defined the " desertion" will operate most harshly against seamen and the definition would appear to be contrary to English decisions. See The Westmoreland, 1 Robs. Ad. Rep., p. 216, and the cases therein cited. See also Lewis v. Jewhurst, 15 L.T., 275 ; The Baltic, 1 Edw., 86; The Frederick, 1 Hag. Adm., 211; The Blake, 1 W. Rob., 73 ; The Ealing Grove, 2 Hag. Adm., 18; and the Malta, Ibid., p. 158. The definition of "freeboard" is substantially that of "clearside," contained in section 436, (5), of the Act of 1894. Part I.—General Department. 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 713 721 722 723 724 725 726 728 729 730 The provisions of the sections comprised in this Part unless limited in their subject matter in the manner indicated in my general memorandum would be ultra vires the provisions of the Imperial Act. II.—Masters, Engineers, and Seamen. 21 92 Certificates of Competency. See remarks above on Part I. The Imperial Act specfically lays down what is necessary as regards every British foreign-going ship when going to sea from any place in the United Kingdom, and this would include a vessel touching at a port in New Zealand in the course of a voyage from the United Kingdom. Having regard to the proviso to section 21, (3), it is probable that this section, though it goes beyond the requirements of the Imperial Act as regards certain voyages already covered by the Imperial Act will not in practice work much hardship, but it would be much better if it were limited to such voyages as are not already covered by the Imperial Act. Sections 261 and 264 of the Imperial Act coupled with sections 735 and 736 are the sections of the Imperial Act which indicate the powers of the colony, and regard should be had to these sections in considering the provisions of the sections in this Part II. of the New Zealand Act— i.e., 21 to 167 inclusive. 22 23 24 25 26 27 93 94 * The provisions of section 24 are only to be found in the Board of Trade regulations relating to examinations. 98 99 100