13.02.
Application
of certain parts of Merchant Shipping Act.
Aec. 42)
PART XI GENERAL..
Prosecution of Offences and Procedure, 41.-(1.) So much of the various provisions of The Merchant Shipping Act, 1891, and other Acts amending the same, not being inconsistent with the provisions of this Ordinance and in force in England, as relates to rights to wages and remedies for the recovery thereof; to leaving (No, 26 1891, seamen abrowl; to the provisions, health and accommoda- tion of seamen: to the power of scamen to make complaints; to the protection of seamen from imposition; to discipline; to official logs, and to crimes committed abroad, shall apply mutatis mutandis," and so far as the same can be extended, to all ships registered in this Colony when such ships are within the jurisdiction of this Government and to the owners, masters and crews of such ships.
up.
this oned 45%
Is date and re-
A. Z report. Satin 41 is part of 42. brought of arzunged."
528
12. Section 41 sub-section 1 appears to leave the law in an unsatisfactory state; and it is deserving of consideration whether the Ordinance would not be improved, as well as simplified, by omitting all references in its several provisions to British ships not registered in the Colony in all cases where such ships, when in the waters of the Colony, would be subject to corresponding provisions of the Imperial Act.
certain parts
67 & 58 Vict
41.-1.) So much of the provisions of the Merchant Shipping Aot, Application of 1894, and of any Acts amending the same which are in force in Eug- of Merchant land and are inconsistent with the provisions of this Ordinance are hereby Shipping Act, repealed; but in all other respects the provisions of the Merchant 1894. Shipping Act, 1894, aud of any Acts amending the same which are in c. 60. force in England shall be in force in this Colony, and in particular so much of the various provisions of the Merchant Shipping Act, 1894, and of other Acts amending the sume, not being inconsistent with the provisions of this Ordinance and in force in England, as relates to rights to wages and remedies for the recovery thereof, to leaving seamen abroad, to the provisions, health, and accommodation of seamen, to the power of seamen to make complaints, to the protection of seamen from imposition, to discipline, to official logs, and to crimes committed abroad shall apply, mutatis mulandís and so far as the same can be extended, to all ships registered in this Colony, when such ships are within the jurisdiction of this Government, and to the owners, masters, and crews of such ships.
Section 35.--it was suggested by the Secretary of State that, inasmuch as certain of the provisions of our local Ordinance differed from English legislation, it would be advisable, in order to prevent any contention being raised as to certain provisions of our Merchant Shipping Ordinance being ultra vires, to specifically repeal so much of the provisions of the English Merchant Shipping Acts as are inconsistent with the provisions of Ordin- ance 36 of 1899. Accordingly four and a half lines have been added to the commencement of sub-section (1.) of section 41 for the purpose of meeting the above point.
3. With reference to Section 35 of this Ordinance, I am to state that Mr. Cham- berlain adheres to the opinion expressed in paragraph 3 of his despatch enclosed herein, and will inform the Governor that he cannot consent to the inclusion of provisions which conflict with the Imperial Merchant Shipping Act.
3. It is clear that in several points the Ordinance under consideration operates as an amendment of the provisions of the Imperial Merchant Shipping Act, 1894. It is doubtful how far such amendments are not ultra vires of a Colonial Legislature; but without determining this question, I am unable to advise sanction of an Ordinance con- taining them, since the desire of His Majesty's Government is to secure throughout his dominions uniformity with regard to the matters dealt with by the Imperial Act.
I