Jumb. 25.
221

THE
NEW ZEALAND GAZETTE.
Published by Authority.

WELLINGTON, FRIDAY, MAY 22, 1868.

Colonial Secretary's Office,
Wellington, 14th May, 1868.

T HE following Bill passed by the Provincial Coun-
cil of the Province of Marlborough, viz.,-
"The Appropriation Act, No. 2, 1867-8,"
which Bill was reserved for the signification of the
Governor's pleasure thereon, having been laid before
the Governor, His Excellency has been pleased to
assent to the same.

E. W. STAFFORD.

Colonial Secretary's Office,
Wellington, 20th May, 1868.

IT is hereby notified that Monday, the 25th instant,
will be observed as a public holiday in the offices
of the General Government at Wellington in celebra-
tion of the anniversary of Her Majesty's birthday.

E. W. STAFFORD.

Colonial Secretary's Office,
Wellington, 21st May, 1868.

T HE following Despatches, with enclosures, from
Her Majesty's Principal Secretary of State for
the Colonies, are published for general information.

E. W. STAFFORD.

Downing Street,
5th February, 1868.

SIR,-I have to acknowledge the receipt of Sir
George Grey's despatch, No. 103, of 8th October,
forwarding a memorandum from the Postmaster-
General of New Zealand, with a report of a Board of
Inquiry held under the Merchant Shipping Act in
the case of Captain Machin, late master of the Panama
Mail Steamer "Kaikoura."

I referred Sir George Grey's despatch to the Board
of Trade, and I transmit to you a copy of the letter
which has been received on the subject from that
Department.

I have to draw your attention to the remark of the
Board in paragraph 5 of the letter, that the confirma-
tion by the Governor of the sentence passed on the
master should either be expressly given or expressly
withheld. In the latter case it will be necessary that
the Governor should always give his reasons for with-
holding the confirmation.

In returning to Captain Machin his certificate,
you will be pleased to inform him of the reasons
which have guided the Board of Trade in their decision
on his case, and make him clearly understand that
drunkenness should not in their Lordships opinion
be treated with leniency, especially in the case of the
Master of a passenger steamer, when but one act of
insobriety may lead to the loss of a ship and cargo,
and may prove fatal to the passengers and crew.

If it had not been for the informality of the non-
confirmation of the sentence by the Governor, which
has compelled them to return Mr. Machin's certificate,
it would not have been returned.

I have, &c.,
BUCKINGHAM AND CHANDOS.

The Officer administering
the Government of New Zealand.

Board of Trade,
Whitehall, 8th January, 1868.

SIR,-I am directed by the Board of Trade to
acknowledge the receipt of your letter of the 17th
ultimo, transmitting by direction of the Duke of
Buckingham and Chandos, for the consideration of
this Board, a copy of a despatch with its enclosures,
from the Governor of New Zealand, respecting the
case of Captain Machin, late master of the Panama
Mail Steamer "Kaikoura," who prays for a mitigation
of the sentence passed by the Court of Inquiry by
whom his certificate of competency as master was
cancelled.

2. After careful consideration the Board direct me
   to offer the following observations upon this case:

3. An investigation was held into the charge of
   drunkenness preferred against Captain Machin; the
   Court decided that the charge was proved and the
   sentence of the Court was that "the master's certifi-
   cate of Henry S. Machin be cancelled, provisional to
   the confirmation of the Governor."

4. This confirmation by the Governor or person
   administering the Government was required under
   section 242 of "The Merchant Shipping Act, 1854,"
   before the Board of Trade could cancel the certificate,
   and "The Merchant Shipping Act, 1862," section 23,
   which transferred to the Court itself the power to
   cancel the certificate, does not repeal the provision in
   the principal Act requiring confirmation by the
   Governor. As the report of the investigation and
   the sentence of the Court in the case of Captain