254
THE NEW ZEALAND GAZETTE.
[No. 19

British subjects in certain islands in the Pacific Ocean, it is hereby notified for general information that Her Majesty's Government, after full consideration of the question, has decided that, as the registration of these land transactions would be liable to be construed as a confirmation of them by the Imperial Government, carrying with it some obligation to uphold such transactions, and possibly to give special protection to the purchasers, no such registration shall be permitted.

It is therefore to be understood by all persons concerned that Her Majesty's Government will accept no responsibility in regard to transactions relating to land in the Pacific Ocean not being in British territory.

JOHN B. THURSTON,
Assistant High Commissioner.
High Commissioner's Office,
Fiji, 2nd January, 1884.

Letters of Naturalisation issued.

Colonial Secretary's Office,
Wellington, 13th February, 1884.

HIS Excellency the Governor has been pleased to issue Letters of Naturalisation, under “The Aliens Act, 1880,” in favour of the under-mentioned persons:—

THOMAS DICK.

Report of Court of Inquiry into Stranding of s.s. “Triumph” confirmed.

Marine Department,
Wellington, N.Z., 12th February, 1884.

HIS Excellency the Governor has been pleased to confirm the following report of the Court of Inquiry into the stranding of the steamer “Triumph” at Tiritiri, on the 29th November last, by which the Board of Trade Certificate of Competency, No. 95399, of the master, James Brotherton, is suspended for three years, and that of the chief officer, Thomas Owen, No. 03446, for six months.

H. A. ATKINSON.

That the charge made against the master of inebriety on the day of the casualty is not supported by the evidence. I am of opinion, from the evidence, that he was perfectly sober all the day and up to the time of the stranding of the ship. The evidence discloses a full explanation of the way in which the casualty was brought about. The order given by the master to the quartermaster to steer with the light on Tiritiri broad on the port bow, coupled with the fact that the quartermaster did steer in that way for twenty minutes, and that the master was asleep during the whole of that time, fully explains how the ship came into the position in which she was at the moment of striking. It is obvious that a ship steered as the “Triumph” was, i.e., with the light kept in the fore rigging, would not follow a straight course, but would curve round towards the light. A sketch chart prepared by Captain Lewis, one of the Nautical Assessors, is attached to this report, and shows the course the ship must have taken from the time the pilot left her to the moment of the casualty, her head being then north-west.

The happening of the casualty being explained in this way, I am of opinion that the master, the chief officer, the quartermaster, and the look-out are all in different degrees to blame in the matter.

I cannot accept the statement made by the man on the look-out, O'Halloran, that he hailed the bridge when the ship was a mile from the point of danger, which at the rate she was then travelling would have allowed five and a half minutes to elapse before she reached the spot where she struck. I believe the fact was, as the quartermaster stated, that no alarm was given by the look-out nor by any one else until the last moment, when both the quartermaster and the look-out simultaneously perceived the danger.

I am of opinion that the look-out was dozing or otherwise neglecting his duty, and that it was not until the ship was actually on the point of striking that he gave the alarm.

The principal responsibility rests upon the master, who states—and I am of opinion that the statement is true—that he fell asleep on the bridge. That this was caused by overwork on the day of the vessel's departure from Auckland, and by exhaustion from want of sleep and pain caused by neuralgia, appears to be the fact; but being in that state I consider he should not have trusted to his own powers of watchfulness, but should have kept some one with him on the bridge. I am of opinion that the order to steer by the light was an improper order to give: a course by compass should have been given. A man should have been stationed between the forecastle head and the bridge to repeat warnings or orders, more especially as the wind S.S.E. was blowing nearly from aft forward.

I think also that the master departed from the general rule in not having himself ascertained who was on the look-out, so as to know what degree of confidence he could place in him.

I am of opinion that the whole circumstances of the case disclose a want of care and forethought on the part of the master amounting to gross carelessness.

I have suspended his certificate for three years.

With regard to the chief officer, Owen, his evidence was in many respects unsatisfactory, and in one particular, in my opinion, untruthful. Notwithstanding his denial, I believe he did give the order to square the yards, and that he did say he would go forward and whistle when the yards were square. Apart from this, however, I am of opinion that he neglected his duty in not keeping a look-out while on deck. It was an important, if not the most important, part of his general supervision of the work on deck to have assisted the master in this respect.

I have suspended his certificate for six months.

The second officer was, in my opinion, entirely free from blame, and his certificate has accordingly been returned to him.

I consider the conduct of the quartermaster in steering by the light for so long a period as twenty minutes, without calling the attention of the master, showed a neglect of duty amounting to little short of wilful misconduct, and deserving of the gravest censure.

O'Halloran, the look-out, was also, in my opinion, guilty of a serious neglect of duty.

I have ordered the costs of the inquiry to be paid three-fourths by the master, and one-fourth by the chief officer.

The Nautical Assessors think it would be desirable, in order to avoid similar casualties in the future, that the limits of pilotage for the Auckland harbour should be extended to some point clear of the Shearer Rock.

Given under my hand this 7th January, 1884, at Auckland, New Zealand.

H. J. SETH SMITH,
Resident Magistrate.

I concur in the above report.

W. FRAZER,
Nautical Assessor.

I concur in the above report, excepting only that, as the testimony to the captain’s perfect sobriety and previous deprivation of sleep through neuralgia is conclusive, I am of opinion that two years’ suspension of certificate would have been sufficient punishment.

ALFRED LEWIS,
Nautical Assessor.

Notice to Mariners, No. 4 of 1884.

FRENCH PASS.

Marine Department,
Wellington, N.Z., 11th February, 1884.

AS repeated accidents to steamships have occurred, and damage to the beacon on end of reef at the French Pass has been caused, by vessels endeavouring to steam through against the tide, notice is hereby given that, owing to the strength and the eddying nature of the tides through the narrows, the passage is not safe to be taken by any ship against the tide.

H. A. ATKINSON.

Despatch.—Charter to New Zealand University to grant Degrees in Science.

Education Department,
Wellington, 8th February, 1884.

THE following extract from a despatch from Her Majesty’s Principal Secretary of State for the Colonies is published for general information.

THOMAS DICK.

Downing Street, 6th December, 1883.

SIR,—With reference to the correspondence noted in the margin* I have the honour to transmit to you a supplementary charter, passed under the Great Seal of the United Kingdom, granting and declaring that degrees in science conferred by the University of New Zealand shall be recognized.

• Governor, No. 41, 1st July, 1882; Secretary of State, No. 41, 15th September, 1882; Governor, No. 95, 28th November, 1882; Secretary of State, No. 5, 22nd January, 1883; Governor, No. 54, 11th August, 1883.