CO885-8 — Page 126

355

SIR,

21st February 1902. "Mildred " arrived at this I HAVE the honour to report that the schooner port in charge of Mr. Mosher, who does not possess a certificate of either competency or service, and who, when questioned by the Harbour Master for Kingston, atated that his vessel being under 100 tons nett register he is not by the laws of Canada required to qualify himself and obtain a certificate as master.

2. The Marine Board have taken uo action, but have instructed me to address you with a view to ascertaining the correctness or otherwise of Mr. Mosher's statement. and also to ask you to be so good as to supply them with a copy of your law on the subject.

Sin,

64

1 am,

&c.

W. E. M. DRUMMOND, Seoretary.

Ottawa, 6th March 1902.

I HAVE the honour to acknowledge receipt of your letter of the 21st ultimo, addressed to the Minister of Marine and Fisheries, intimating that the schooner Mildred" arrived at the port of Jamaica in charge of Mr. Mosher, who does not possess a certificate of either competency or service, and who, being questioned, stated that the vessel being under 100 tons register he was not required by the laws of Canada to qualify himself and obtain a certificate as master, and inquiring if Mr. Mosher's statement is correct. In reply, I have to inform you that a sailing vessel under 100 tons register does not require a certificated master under the Canadian law relating to masters and mates.

I have much pleasure in sending you, for the information of the Board, a copy of the Act to which I allude.

Secretary Marine Board,

Jamaica, B.W.I.

I am, &c.

F. GOURDEAU, Deputy Minister of Marine and Fisheries.

No. 2.

601

Secretary of the Marine Board asking for advice as to the course which should be pursued in the Colony with regard to Canadian vessels of under 100 tons register, the masters of which are not required by the laws of the Dominion of Canada to hold certificates of competency or service.

In reply, the Board desire me to forward to you the accompanying copies of the sections of the Canadian and Jamaican Acts dealing with the matter, and to request that you will be so good as to draw Mr. Secretary Chamberlain's attention to the divergence between them in the case of vessels of less than 100 tons.

The Canadian Act, section 9, cap. 73, of 1886, does not require either the master or the officers of a vessel of not more than 100 tons register to hold certificates of competency or service.

The Jamaican Act (section 40, cap. 17, of 1896), on the other hand, requires that no foreign-going British vessel shall go to sea unless the master thereof and the first and second mates or only mate (as the case may be) possess valid certificates of competency or service appropriate to their several stations in such vessels.

It is, therefore, the case that a foreign-going vessel of not more than 100 tons may leave Canada without a certificated master or officer on board, but should such a vessel enter a Jamaican port it cannot, under the law of Jamaica, clear therefrom until a certificated master and one or more certificated officers are on board.

The Board desire me also to draw attention to the provisions of section 92 of the Imperial Merchant Shipping Act of 1894, which differs from both of the above- mentioned Acts in requiring every British foreign-going ship and every British home-trade passenger ship, when going to sea from any place in the United Kingdom, and every foreign steamship carrying passengers between places in the United Kingdom to be provided, even if of less than 100 tons burden, with a duly certificated

master.

The difficulties which may arise from this want of harmony between the merchant shipping legislation of the Colonies can, the Board of Trade think, only be removed by making that legislation uniform, at any rate in matters other than those solely affecting local trade, and I am to suggest, for Mr. Chamberlain's consideration, that, if the subject of the laws relating to the British Mercantile Marine is discussed at the forthcoming Conference of the Colonial Premiers, the attention of the Conference might be called to this particular instance of want of uniformity in Imperial and Colonial Merchant Shipping legislation.

I have, &c.

PUBLIC RECORD OFFICE

Reference :-

TILL C.O. 885

ستسلا

-8

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE]

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

SIR,

COLONIAL OFFICE to BOARD OF TRADE.

Downing Street, 9th May 1902. I AM directed by Mr. Secretary Chamberlain to transmit to you, to be laid before the Board of Trade, a copy of a despatch* from the Governor of Jamaica, enclosing a letter from the Secretary of the Marine Board asking for advice as to the course which should be pursued in the Colony in regard to Canadian vessels of under 100 tons register trading in Jamaica, the masters of which are not required by the laws of the Dominion to hold certificates of competency or service. Mr. Chamberlain would be glad to be furnished with the Board's observations on the point raised in the Governor'e despatch.

of búa

SIR,

No. 3.

I am, &c.

C. P. LUCAS.

BOARD OF TRADE to COLONIAL OFFICE. (Received June 5th, 1902.)

Board of Trade,

(Marine Department,)

7, Whitehall Gardens, London, S.W., 4th June 1902.

IAM directed by the Board of Trade to acknowledge the receipt of your letter (No: 17,127) of the 9th ultimo, transmitting for their observations a copy of a despatch from the Governor of Jamaica, together with a copy of a letter from the

† No. 2.

* No. 1.

Enclosure in No. 3.

CANADA.

FRANCIS J. S. HOPWOOD.

Chap. 73. Certificates of Masters and Mates. 49 Vict.

100 tons

tificated

9. No ship registered in Canada over one hundred tons registered tonnage shall Ne ship over go to sea from any port or place in Canada, on a voyage to any port or

registered in place out of Canada, not being a port or place in Newfoundland, or in the canada to United States of America, unless the master and first mate or only mate thereof cross the sea have obtained and possess valid certificates, either of competency, or service for without cer- sea-going ships, appropriate to their several stations in such ship, or of a higher grade, master and from the Minister or valid certificates of competency or service for foreign-going mate. ships appropriate to their several stations in such ship, or of a higher grade, from the Board of Trade in the United Kingdom-or valid certificates of competency appropriate to their several stations in such ships, or of a higher grade, granted in any British Possession, and declared by Order of Her Majesty in Council published in the "London Gazette," under the provisions of "the Merchant Shipping (Colonial) Act, 1869," or

of any Act of the Parliament of the United Kingdom containing such provisions, to be Penalty for of the same force as certificates of competency for foreign-going ships granted under contraven-

the Acts of Parliament of the United Kingdom relating to Merchant Shipping; and tion. every person, who, having been engaged to serve as master or first mate, or only mate, of any sea-going ship registered in Canada, over one hundred tons registered tonnage, goes to sea as aforesaid, as such master or mate, without being at the time entitled to and possessed of such a certificate either of competency or of service for sea-going 4 B