470 THE NEW ZEALAND GAZETTE.
which has been prepared for the guidance of officers, question, but includes the extraordinary occasions
in the British Possessions abroad, appointed to
discharge duties in connection with distressed British
seamen, these instructions having reference to the
liability of ship owners to pay certain expenses in
respect of seamen who may have sustained hurt or
injury in the service of the ship to which they have
belonged.

I have, &c.,
BUCKINGHAM AND CHANDOS.
Governor Sir George Grey, K.C.B., &c.

[Circular No. 261, Board of Trade, 25th June, 1867.]
INSTRUCTIONS TO OFFICERS IN THE BRITISH
POSSESSIONS ABROAD.

HURT OR INJURY IN THE SERVICE OF THE SHIP.
With reference to Sect. 228 of "The Merchant Shipping
Act, 1854," and paragraph 26 of the Instructions
It is found that doubts exist as to the construction
which is to placed on the term "hurt or injury in
the service of the ship," as employed in the 228th
section of "The Merchant Shipping Act, 1854,"
paragraph 1, which provides that certain expenses, in
respect of the master or any seaman or apprentice
who receives such hurt or injury, are to be defrayed
by the owners of the ship. The opinion of the Law
Officers to the Crown was taken by the Board of
Trade in 1860, and a copy is appended hereto for the
information and guidance of the officers.

THOMAS GRAY,
Assistant Secretary, Marine Department.

Opinion referred to.

"We are of opinion that the liability of the ship
owners for expenses, provided for in the first
paragraph of section 228 of the Merchant Shipping
Act," is confined to expenses incurred in respect of
'hurts or injuries' occasioned by wounds, bruizes,
fractures, or other casualties to body or limb of a like
character; such injuries being received 'in the
service of the ship;' that is, in the course of
discharge by master, seaman or apprentice, of the
duty assigned or belonging to him, on board of the
ship on which he is serving. Cases of 'illness' are
provided for in the second paragraph of section 228;
and there the liability of the owner depends on the
happening of two events, in addition to the illness
itself: namely, the removal of the sick man from the
ship, for the convenience of the ship, and his sub-
sequent return to his duty on board. Under the
third paragraph, the owner is bound to defray the
expense of all medicines and medical advice, and
attendance furnished or given on board, whatever
may be the nature or cause of the ailment requiring
such medicine, &c.

"The 'service of the ship,' mentioned in para-
graph 1 to section 228, is not, in our opinion,
restricted to what is termed in the third * question
submitted to us 'the ordinary course of a ship's
service,' or the service of the ship on the voyage
denoted in the articles, as mentioned in the fourth†

• The following is the third question referred to :-
  (3) If the liability does not extend to all these cases, can any
  distinction be drawn between those cases in which the injury
  has been sustained in the ordinary course of a ship's service,
  and those cases in which extraordinary circumstances, e.g.,
  danger of wreck or of loss by fire, have called for extraordinary
  exertions, or have caused extraordinary exposure or suffering?

• The following is the fourth question referred to :----
  (4) Can any distinction be drawn between those cases in
  which the hurt or injury which has caused the disease has been
  received in the service of the ship on the voyage denoted in the
  articles, and might have been foreseen as a natural result of the
  service, and those cases in which it has been service
  which, in consequence of a change in the destination of the
  ship, or for any other reason, may be presumed not to have
  been contemplated when the articles were entered into ?

question, but includes the extraordinary occasions
of service referred to in the third question, and in
fact extends to any service, of what nature soever,
which, under the circumstances, whatever they may
be, are rendered in fulfilment of duty.

"The above is the only limit we can suggest by
which to distinguish between the cases in which the
ship owner is, and those in which he is not, liable for
'hurts or injuries' received by a seaman in the
service of the ship, under the first paragraph of the
228th section of the Merchant Shipping Act.
We feel the less difficulty in arriving at this con-
clusion, seeing the large provision made for cases
not within paragraph 1 by the two next succeeding
paragraphs.

RICHARD BETHELL,
WM. ATHERTON."

"Lincoln's Inn, 29th February, 1860."

Mr. Gray to the Under Secretary of State, Colonial
Office.

Board of Trade,
Whitehall, 4th July, 1867.

SIR,-I am directed by the Board of Trade to
transmit to you the accompanying copies of a
Circular which has been prepared for the guidance of
the Officers in the British Possessions abroad,
appointed to discharge duties in connection with
distressed British seamen, on the subject of the
liability of ship owners to pay certain expenses in
respect of seamen who sustain hurt or injury in the
service of their ship, and to request that, if His
Grace the Duke of Buckingham and Chandos sees
no objection, they may be distributed in the usual
way amongst the officers in question.

I have, &c.,
THOMAS GRAY.

The Under Secretary of State,
Colonial Office.

Downing Street,
2nd September, 1867.

SIR,-I have the honor to transmit to you the
enclosed extracts of letters from the Secretary to
the Trustees of an Institution called the Gilchrist
Educational Trust, from which you will learn the
circumstances under which a Scholarship to the
University of London has been instituted by the
Trustees, for the benefit of youths resident in
Australia.
The regulations and conditions under which the
Scholarship is granted, will be found in the printed
paper, of which copies are annexed.

I have, &c.,
BUCKINGHAM AND CHANDOS.

Governor Sir G. Grey, K.C.B., &c.

Extract of Letter from the Secretary to the Trustees
of the Gilchrist Educational Trust to Mr. Elliot,
dated 16th August, 1867.

"I am directed further to suggest whether a good
effect might not be produced in stimulating competi-
tion for the Australian and Canadian Scholarships,
if the Colonial Governments could be induced to
grant free passages to the Scholars annually elected
on their proceeding to this country."

Extract of Letter from the Secretary to the Trustees
of the Gilchrist Educational Trust, to Sir F. Rogers,
dated 9th April, 1867.

"By direction of the Trustees of the Gilchrist
Educational Trust, I have the honor to place before
you the following statement, and to request that it
may receive the consideration of the Secretary of
State for the Colonies.