THE NEW ZEALAND GAZETTE.
661

to the Court to suspend, &c., "if upon any investiga-
tion made by any Court authorized by the
Legislative authority in any British possession to
make inquiry as to shipwrecks or other casu-
alties affecting ships, a report is made by such Court
to the effect that he" (an officer holding a certificate)
"has been guilty of any gross act of misconduct,"
&c.

The case appears therefore to stand as follows,
viz.,-

1. Under the Colonial Enquiry into Wrecks Act,
   the Court was authorized by the Legislative authority
   of New Zealand to investigate "casualties affecting
   ships."
2. Stranding is a casualty affecting ships, and in
   this case the vessel was stranded.
3. Under the Act of 1854, the Board of Trade
   would have had power to deal with the certificates
   on a report from an authorized Colonial Court of
   Enquiry, as to this casualty "affecting a ship," to the
   effect that the officers had been guilty of gross acts
   of misconduct, drunkenness, &c.
4. Under the Act of 1862, the Court has the
   power to do what the Board of Trade could do under
   the Act of 1854.

Therefore it would seem that the New Zealand
Court had full power to deal with the certificates.

The only point on which there appears to be any
room for question, is whether subsection 5 of the
242nd section of "The Merchant Shipping Act,
1854," is to be read as it stands grammatically, or
whether it is to be read distributively, -i.e., whether
as two forms of enquiry are mentioned, one to enquire
into cases of misconduct, &c., and the other into
shipwrecks, &c., the Board of Trade were intended
to have power to deal with certificates on a report
from a Court authorized by the colonial law to
enquire into shipwrecks, and not into misconduct, to
the effect that an officer had been guilty of miscon-
duct. On this point it appears to the Board that the
section should bear its plain grammatical meaning,
and that it was intentionally framed as it stands in
order to enable a master or mate to be punished for
misconduct upon evidence which might arise in the
course of an enquiry into wrecks or casualty in a
colony in which no special Court was authorized to
enquire into cases of misconduct.

As the 241st section of the Merchant Shipping
Act has been adopted in New Zealand, the Governor
has power to appoint a Court for the purpose of
investigating charges of misconduct. Having regard
to the misconception to which the present Wreck
Enquiries Act has given rise, and the fact that it is
often more convenient to direct an enquiry into the
circumstances of the wreck than into the conduct of
the officers, and also that an enquiry into wreck
often brings out evidence of misconduct not sus-
pected before, the Board of Trade would recommend
to the notice of the Governor of New Zealand, that
the power of the Wreck Courts of the colony to deal
with certificates for misconduct, &c., should be placed
beyond doubt.

I am further to point out, that the Magistrate, in
pronouncing the decision of the Court, made the
following statement: "Now it will be seen that under
the Merchant Shipping Act only two classes of
officers can be punished, the captain and chief
officer; the second mate cannot be touched at all."
The Board of Trade are not aware upon what
grounds the Magistrate made this statement, as sec-
tion 242 of the Act of 1854 gives power to suspend
or cancel the certificates of any master or mate.

It is requested that the enclosures to this letter

which are sent in original, may be returned when
done with.

I have, &c.,
T. H. FARRER.

The Under Secretary of State,
Colonial Office.

Mr. Seed to the Assistant Secretary, Board of Trade.

Customs Department (Marine Branch),
Wellington, 9th May, 1874.

SIR,—I have the honor to forward herewith casualty
return, deposition, and report on an Enquiry held
under "The Enquiry into Wrecks Act, 1869," (a copy
of which is enclosed herein,) relative to the stranding
of the barque "Anazi," of London, O.N. 52,823,
William Hillier Holman, master, near Auckland, on
the 5th March last.

You will perceive that, in consequence of a techni-
cal objection raised by the counsel for the master, the
Magistrate who heard the case decided that he had
no power to cancel or suspend the certificates of
the master or mates. The Government thereupon
directed that proceedings should be instituted against
the master under the 241st section of "The Merchant
Shipping Act, 1854;" but the master somehow
became aware of this, and suddenly disappeared. It
is believed that he left the colony by a vessel that
sailed at that time for Fiji.

I enclose herewith extracts from the Auckland
Daily Southern Cross, of the 20th and 23rd April,
containing report of the arguments used by the
counsel, and the decision of the Magistrate on the
case. As the point raised by the counsel for the
master in this case is of considerable importance, and
may possibly influence the decisions in other similar
cases in this colony, I should be glad if you would
favour me with the opinion of the Board of Trade
thereon.

I should add, that the 241st section of "The
Merchant Shipping Act, 1854," was brought into
force in New Zealand by "The Merchant Shipping
Acts Adoption Act, 1869," copy of which was for-
warded to you in my letter of the 13th April, 1872,
No. 358H.

I have, &c.,
WILLIAM SEED,
Secretary of Customs.

The Assistant Secretary, Marine Department,
Board of Trade, London.

NOTICE TO MARINERS.

No. 21 of 1874.
Customs Department (Marine Branch),
Wellington, 28th September, 1874.

THE following Notice to Mariners, received from
the President of the Marine Board, New South
Wales, is published for general information.

WILLIAM H. REYNOLDS.

HYDROGRAPHIC NOTICE.
Office of Marine Board of New South Wales,
Sydney, 5th September, 1874.

THE following remarks upon Goschen Strait and the
east coast of New Guinea, and islands lately surveyed
in H.M.S. "Basilisk," compiled by Lieut. Dawson,
R.N., Admiralty Surveyor, are promulgated for
general information.

FRANCIS HIXSON,
President.