J
11038.
MY LORD,
No. 283.
(NEW SOUTH WALES.)
QUEEN'S ADVOCATE to FOREIGN OFFICE.
I AM honoured with
Doctor's Commons, November 16, 1864.
of the 7th instant, stating the Lordship's commands, signified in Mr. Murray's letter
he was directed by your Lordship to transmit to me the accompanying correspondence with the Colonial Office upon the subject of an Act passed by the Legislature of New South Wales "to amend and consolidate the laws relating to merchant seamen," and with reference to the letter from the Board of Trade, enclosed in the letter from the Colonial Office of the 8th ultimo, Mr. Murray was to request that I would report to your Lordship my opinion in regard to the provisions of the 4th paragraph of the Act as adverted to by the Board of Trade.
In obedience to your Lordship's commands I have taken this case into consideration, and have the honour to
Report
That after much consideration I must express my opinion that paragraph 4 of section 90 ought to be struck out of the Bill. The provisions of the Bill, which that paragraph makes applicable to foreign seamen, appear to me to infringe the principles of inter- national comity, and to unnecessarily and injuriously interfere with the rights accorded by usage and custom at least to foreign Consuls.
For instance, section 7 (the first made applicable) seems entirely to disregard the fact that foreign seamen are shipped before their own Consul. Sections 14 to 19 (also made applicable) would import, or attempt to import, the British law as to seamen's agreements (so far as they can) into foreign commercial law.
Section 21 inflicts a penalty on the master of a foreign vessel for not shipping his men according to our Colonial law,
Sections 31 and 32 can only properly apply to British and Colonial vessels.
Section 79 would inflict a penalty upon a foreign seaman for having made a false statement of the name of his last (foreign) ship. This seems to me most objectionable. Some of the other sections are either nugatory or inexpedient. None of these provisions have been thought necessary to be inserted in the Imperial Merchant Shipping Act. I think them objectionable in principle, contrary to international usage and practice, and that they set a bad precedent which foreign States may avail themselves of in a manner injurious to our commercial marine.
I have, &c. (Signed)
ROBT. PHILLIMORE,
Earl Russell, K.G.
&c.
&c,
P 16278.-507. 25.-9/86.
PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885-
200
PUBLIC RECORD OFFICE, LONDON
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