(29)
Section VIII has been already enacted in the Colony as Ordinance No. 1 of 1874. In paragraph 2, the words "out of the Colonial revenue," have been substituted by direction of the Secretary of State, for the words "out of moneys to be "provided by the Imperial Parliament." Section IX has not hitherto been brought into force here. Section X is intended to be in substitution of Ordinance No. 9 of 1872, which applies to foreign ships paragraph 329 of the Merchant Shipping Act, 1854. The last mentioned section has now been repealed by the Merchant Shipping Act of 1873, and the clauses now introduced have been substituted for it in the United Kingdom.
Chapter III purposes to effect certain changes in the constitution and powers of Marine Courts. As provided by Ordinance No. 11 of 1860, such Court must at present consist of no less than five persons, one of whom must be a Police Magistrate, one the Harbour Master, one an un-official Justice of the Peace, and the remaining two of whom shall be other persons who shall be both or either of them Government Marine Surveyors or Master Mariners. The utility of this constitution may well be doubted, and for the purposes of the enquiries for which Marine Courts are constituted, the three persons mentioned in paragraph 1, would seera to be sufficient. It should also be men- tional, that under instructions from the Secretary of State, one Commissioned Officer in the Royal Navy at least is required to sit on Marine Courts. The powers proposed to be conferred on the Court by paragraph 4, are such as it has not hitherto exercised. They are the same as are now possessed by Naval Courts sitting in distant parts of the world by the Act of 1854, paragraph 203. The want of such powers here has, on more than one occasion, caused practical inconvenience. Chapter IV extends the powers conferred upon the Board of Examiners by Ordi- nance No. 17 of 1860, to the examination and certifying of engi-
At the time this Ordinance came into operation, ships were not required, as now, to carry certificated engineers, Chapters V, VI, and VII demand no comment or explanation. Chapter VIII is not at present in operation within the Colony, although its provisions, which are founded on certain sections in the Merchant Shipping Act of 1867, are such as ought no doubt to be extended here.
Beurs.
Paragraph 5 of chapter IX purposes to extend certain provisions of the Merchant Shipping Act, 1854, relating to the offences of British seamen, to seamen employed on board of foreign ships while in these waters, Under the law as it at present stands, the Government has been unable to assist Masters of foreign ships who have had trouble with their seamen, except in cases where actual matiny has broken oat. This state of things has not infrequently given rise to complaints on the part of foreign Consuls and others who have been placed in great difficulties from their inability to deal with insubordinate crews who have stopped short of actual mutiny. It will be seen, however, that by paragraph 7. the operation of the whole section may be suspended in regard to the ships of any foreign nation at the request of its Consul.
PART II.
By chapter I of this part, the regulations which by Ordinane e No. 1 of 1863, were confined to a certain portion of the Colonial waters there defined as the harbour," are now extended to the whole of those waters. Much inconvenience has been felt on more than one occasion from vessels anchoring in Colonial waters outside the prescribed limits, and thus while taking ad- vantage of the port, kooping free of its necessary regulations. On the other hand, no advantage has arisen from "confiaing the operation of regulations to a portion of the Colonial waters, which, beyond doubt, under the circumstances of this Colony. are equally applicable to the whole. Section XXIII of that Ordinance has, therefore, been omitted, and the words "waters of the Colony" substituted for the word "harbone" throughout the chapter. An interpretation of the term "waters of the Colony" has, to prevent doubts arising on the point, baen inserted in the preliminary portion of the Ordinance.
Sections XXIV and XXVI of the same Ordinance (No. 1 of 1832) are also omitted as the powers therein specially conferred, are to all intents and purposes contained in paragraphs 3 and 4 of section XXII of the proposed enactment. This Governor pos- sesses the authority purporting to be conferred by section XXV of No. 1 of 1862, independent of the legislature, and that 14, therefore, likewise repealed.
Paragraph 3 of section XXIII is new. Situated as this Colony is, the prevalence of amall-pox, or other virulent con- tagious, or infectious disorder at a neighbouring port, is a matter very material to be known, and it is felt to be one of too much importance to be left to the discretion of ship masters to report
or not.
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