against discipline by a sailor belonging to a Foreign Ship unless the proper Consular Officer (if there be one resident) undertakes that the seaman shall not in consequence become a charge on the Colony.
523
Paragraph 11.-See my observations on paragraph 3 of Mr. Lucas's letter, and considering that D, E, F and G of sub-section 5 of clause 9 relate to matters of discipline on board foreign ships, I see no reason why the nation to which the ship belongs should not bear the charge.
These obran Sehen
pun up all.
pally
I have attarlied them.
9563
& Wh: Subsection
(3) The question is whether when asked by a foreign Consul to deal with an offending seaman the Magistrate may decline to do so unless the Consul guarantees that the seaman shall not become a charge on the Colony.
Mr. Davidson seems to think the Magistrate ought not to decline.
As to it is impossible satisfactorily to deal with an extract from a memorandum. The final provision of the sub-section appears to me to be of very doubtful expediency and it might possibly lead to remonstrance from Foreign States.
A
Colletter she the is must attacked and it' merly asked for vand. 8. The Foreign Office agree generally with the opinions of the Board of Trade. It seems desirable to bring section 9 into strict conformity with section 238 of the
Imperial Act, so far as it relates to deserters, and in particular the powers given to the Magistrate to decline to deal with an offending seaman unless his Consul guarantees that he shall not become a charge on the Colony;
ho amcntment of
9.5. appears
ww
ttu
1901
Ordinance.
As regards the objection which is taken in paragraph 8 of the despatch to the powers given by our local Ordinance to a Magistrate to decline to deal with an offend- ing seaman unless his Consul guarantees that he shall not become a charge on the Colony, the Harbour Master states:-
The desire to protect the Colony from expense in the case of seamen from foreign ships charged with breaches of discipline has been brought about by something more than indifference on the part of some Consuls. desirous of getting rid of certain seamen will almost oblige them to commit Masters themselves, the Consul applies to the Marine Magistrate, the offender is sent to gaol, the ship sails at once, and at the termination of this man's sentence, the Colony is saddled with him."