222
THE NEW ZEALAND GAZETTE.

Machin, do not appear to have received the confirma-
tion of the Governor, and especially as the Court
itself made the cancellation of Captain Machin's
certificate dependent on the confirmation of the
sentence by the Governor, the Board of Trade are of
opinion that the sentence cannot be enforced.
5. The Board direct me to point out for His Grace's
information, that the object of the Act of 1862 in
transferring the power of cancelling certificates from
the Board of Trade to the Court which hears the case
was to leave decisions depending on evidence to those
who have the best means of judging of its value, and
that consequently the Board of Trade are in all cases
reluctant to attempt to interfere with those decisions,
except on the clearest grounds. This reluctance
renders it however all the more necessary that the
confirmation of the sentence by the Governor should
either be expressly given or expressly withheld.
6. Looking to all these facts the Board of Trade
feel that they have no option but to return Captain
Machin's certificate in order that it may be restored
to him; and they would suggest for His Grace's con-
sideration whether, in returning the certificate, it
would not be well that the Governor of New Zealand
and Captain Machin should be informed of the reasons
by which this Board have been guided towards the
decision at which they have arrived in the matter.
7. The Board of Trade are desirous that it should
be understood that drunkenness should not in their
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.
8. The Board of Trade trust that the informality
which in this case has compelled them to return Mr.
Machin's certificate will not lead to any serious con-
sequences, as they would wish to believe that the act
of drunkenness of which Captain Machin was found
guilty will prove to be single and exceptional.

I have, &c.,

THOMAS GRAY.

The Under Secretary of State, Colonial Office.

[CIRCULAR.]

Downing Street,
6th February, 1868.

SIR,-Her Majesty's Government have received,
through Her Majesty's Chargé d'Affaires at Washing-
ton, a copy of a Circular issued by the United States
Government respecting the necessity for vessels
bound for the United States being provided with full
manifests of cargo.

The Board of Trade have reprinted that Circular,
a copy of which is enclosed, and have caused it to be
distributed at the Ports in the United Kingdom, and
I have to request that you will take such steps as
may be necessary for bringing it to the notice of
persons interested in shipping, in the Colony under
your Government.

I have, &c.,

BUCKINGHAM AND CHANDOS.

(Copy.)

CIRCULAR No. 65.

Department of State,
Washington, D.C., August 13, 1867.

To the CONSULAR OFFICERS of the UNITED STATES.

Your attention is called to the 25th section of the
Act entitled "An Act further to prevent Smuggling,
and for other purposes," approved July 18, 1866,
which is as follows:

"Sec. 25. And be it further enacted, That on and
after the first day of July next, the several provisions
of the Act entitled "An Act to regulate the
collection of duties on imports and tonnage,'
approved March two, seventeen hundred and ninety-
nine, relating to manifests, shall apply as well to
vessels owned in whole or in part by foreigners as to
vessels of the United States; and that the Secretary
of State send copies of this section to all consular
officers of the United States in foreign countries."

Your attention is also called to the fact that, by
section 3 of chapter 42 of the laws of the second
session of the 39th Congress, the section above
quoted was amended by inserting the word "March"
in place of the word "July" therein.

It will be seen that the law has already gone into
effect, which places vessels owned in whole or in part
by foreigners upon the same footing as vessels owned
by citizens of the United States, so far as the pro-
duction of manifests is concerned.

You are, therefore, instructed to inform the
masters of all vessels leaving your port for the
United States, that they are required to produce
manifests in accordance with the provisions of section
twenty-three (23) of the Act to regulate the collec-
tion of duties on imports and tonnage, approved
March 2, 1799, a copy of which is hereto annexed.
(Statutes at Large, vol. i. p. 644.)

WILLIAM H. SEWARD.

"Sec. 23. And be it further enacted, That no
goods, wares, or merchandise shall be brought into
the United States from any foreign port or place, in
any ship or vessel belonging in the whole or in part to a
citizen or citizens, inhabitant or inhabitants of the
United States, unless the master or person having
the charge or command of such ship or vessel shall
have on board a manifest or manifests in writing,
signed by such master or other person, containing
the name or names of the port or ports, place or
places, where the goods in such manifest or manifests
mentioned shall have been respectively taken on
board, and the port or ports, place or places, within
the United States, for which the same are respec-
tively consigned or destined, particularly noting the
goods, wares, and merchandise destined for each port
or place respectively, and the name, description, and
build of such ship or vessel, and the true admeasure-
ment or tonnage thereof, the port or place to which
such vessel belongs, with the name or names of each
owner, according to the register of the same, together
with the name of the master or other person having
the charge or command of such ship or vessel, and a
just and particular account of all the goods, wares,
and merchandise so laden or taken on board, whether
in packages, or stowed loose, of any kind or nature
whatsoever, together with the marks and numbers as
marked on each package, and the number or quantity
and description of the packages, in words at length,
whether leaguer, pipe, butt, puncheon, hogshead,
barrel, keg, case, bale, pack, truss, chest, box, band-
box, bundle, parcel, cask, or package, of any kind or
sort, describing the same by its usual name or
denomination, together with the name or names
of the person or person to whom the same are
respectively consigned, agreeably to the bills of
lading, signed for the same, unless when the said
goods are consigned to order, when it shall be so
expressed in the said manifest or manifests, together
with the name or names of the several passengers on
board the said ship or vessel, distinguishing whether
cabin or steerage passengers, or both, with their
baggage, specifying the number and description of
packages belonging to each, respectively, together
with an account of the remaining sea stores, if any;
and a form of a manifest for goods and merchandise