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6682.

PUBLIC RECORD OFFICE

Reference :-

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

In this last case the line dividing the Spanish and British waters should also be settled by the two Governments.

These observations go, we are aware, to the very point of the Order in Council; but, since the Order seems to us open to serious objections in principle, and if made may lead to grave remonstrance on the part of the Spanish Government, we have thought we were bound to lay them before your Lordship.

If, however, your Lordship should be of opinion that the principle of the proposed Order in Council should be adopted, we think the following verbal alterations may properly be made:-

In the heading of the Order, after the words "other boats" should be added the words" of any description."

In paragraph 2, after the words "pulling or sailing" should be added the words being towed, drifting, or moving in any manner or by any means."

"boat."

66

In paragraph 3 the words "of any description

In the same paragraph, after "moved from" should be added the words " manner with or without clearing left."

should be added after the word

or in any

We have, &c.,

(Signed)

The Marquis of Salisbury,

&c.

&c.

JOHN HOLKER. HARDINGE S. GIFFARD. J. PARKER DEANE.

No. 170.

(FALKLANDS.)

LAW OFFICERS to COLONIAL OFFICE.

SIR,

We were honoured with your commands signified in Mr. Bramston's letter of the

Temple, 28th May 1878. 3rd instant, stating that he was directed by the Secretary of State for the Colonies to request us to favour him, at our early convenience, with our opinion upon the case of a British ship now under detention at the Falkland Islands, upon an order made by the Governor under the following circumstances.

2. That the "Star of India," bound from Dundee in ballast to the Pacific, experienced very heavy weather when making for Cape Horn, and she was consequently obliged to bear up in distress for the Falklands, where she arrived on the 15th September 1877.

3. That the vessel was at once surveyed under the direction of Lloyd's agent, and the surveyors recommended that certain repairs should be effected. That a copy of that report, date: 18th September, was enclosed. That the master read that report to the Report of crew, and they being dissatisfied applied for a further survey.

Lloyd's sur vayor, Septem ber 18.

4. That the Governor was empowered to order such surveys by a Local Ordinance, adapted from the Merchant Shipping Act of 1873, No. 2 of 1875, of which a copy was Ordinance No. 2 enclosed; and having taken the proper steps, he received the surveyor's report dated of 1975. 1st October 1877. That that report, of which a copy was enclosed, recommended that Surveyor's Re- certain repairs should be effected, such repairs being in fact less extensive than those 1977.

port, October 1, recommended on the previous survey.

5. That the Governor subsequently requested other persons to survey the ship, and a copy of their instructions was enclosed, lest the expression "final survey " used in their report should seem to have been taken from the Governor's orders.

6. That on the 13th October 1877 they reported that the repairs mentioned in the

report of the 1st October had been done, and that they considered the vessel to be in a Surveyor's Re- seaworthy condition and fit to proceed on her intended voyage. A copy of that report 177

port, October 15,

was enclosed.

7. That the ship received her clearance, and on the 14th October the pilot went on board to get her under weigh.

That the crew, however, refused to go to sea, and four men were summoned by the master, and sentenced to 10 weeks' imprisonment with hard labour.

That the Governor ascertained from the master that not only all the crew, but the officers (the latter not openly), were opposed to the ship going to sea until she was "thoroughly repaired." That he was already aware of the result of the survey of the 18th September, and under all the circumstances he thought it his duty to inquire further into the matter.

1-87.

8. That a Local Ordinance No. 3 of 1857. (of which a copy was enclosed,) provided Ordinace 3 of machinery for inquiries, and the Governor availed himself of that law as the only means of getting at the facts of the case, and on the 18th October directed the police magistrate and the shipping master to hold an inquiry.

*

That those officers examined a number of witnesses, and on the 26th October 1877 reported their opinion "that the ship cannot proceed to sea, without serious danger to human life, until all the repairs recommended in Lloyd's agent's survey tember 18th) are faithfully carried out."

(of Sep- That the Governor thereupon ordered the ship to be detained until those repairs were faithfully carried out. order, in the form of a letter to the master under date the 27th October, and a copy of

That a copy of that Letter to Cap report of the 26th October, were also enclosed.

the

9. That the master then applied to the Governor for permission to take the ship to England, but the Governor on the 29th October refused, expressing his regret that le could not sanction the master's taking the vessel to England until the repairs in question were faithfully carried out, more especially at that very trying period of the year.

10. That the repairs had not been executed, and the vessel remained at the Falklard Islands, but the owners ha I appealed to the Board of Trade, and declared that they would

A 12916.-165. 25.-12,'84.

Lain Oliver,

October 27.

Report of Board of inquiry, October 26,