THE LAW RELATING TO FOREIGN VESSELS.

Auckland Star, Volume V, Issue 1488, 17 November 1874, Page 2

THE LAW RELATING TO FOREIGN VESSELS.

The letter on "Foreign Vessels," which appeared in our issue of yesterday, opens up a subject which is now of some importance as afteCing the mercantile interests of the po-t, and whi<h po3sibly at a future time may be of much greater importance. Our correspondent, asks a series of questions ■which we will endeavour to answer as nearly correctly as we can, while at the same time we trust that some of our leading nautical authorises will come forward and give utheir views on the matter. To the first question, we answer that it is quite legal for a foreign vessel to come into our waters and trade from port to port on our coast. Thif is specially provided for by " The Coastim Tra-!e Regulation Act, 1871," before the pass-ing of which such trade was prohibited by the Customs Consolidated Acs of 1553 The first mentioned Act is supposed to kav. been passed to meet the case of the American mail steamers. Whether foreign vesselmay so trade "to the injury of the interests of our own vessels,' is another matter to which we find no reference in the statutes we have referred to. There is a provision in the " Coasting TradRegulation Act. 1871," which enables the Governor to lay foreign vessels trading on on coasts under the same disadvantages _ a.' British vessels are placed under wheu trading to or from the ports to which such foreign vessels belong. To the second question, wtreply that it certainly appears _to us only equitable that foreign traders in ourporti: should be compelled to comply with our Board of Trade regulations as regards the entry and discharge of seamen, &c. As a matter of fact we believe they do not do so. and it is variously held whether by law they are so compelled. In answer to the third question it certainly is the duty of the Consul representing the nation to which a foreign vessel belonas, to see justice done to any of the sailors who may be unjustly treuted by the captain of the vessel. In addition to their Consul, the sailors have also the right of sums the captain in any English Court in the port they may be in. Whether the Consul would be able to send them back to their own country depends upon circumstances. The highest authorities we have consulted hold that in regard to the 4th and sthquesMon3, the master of a foreign vessel upon discharging his ciew may ship another crew "without the said crew having signed articles or paid any shipping fee 3." If this is so, there is certainly a small loss to the Customs, which we s^e no occasion for the law allowing ; but l< nglish sailors so shipping can ha-dly mike much of a grievanca out o[ any disadvantages they may encounter it they choose to leave the protection of their own flag. If discharged unjustly in a foreign port they could apply to the Conful, who ■would no doubt give tbeir ca3e the attention it deserved. It is asserted by at leaO>t one au'h >rity we have consulted that th nre U< no immunity to foreign masters from the obligation as to articles, shipping fee?, &c, ana that no captain whether English or foreign, is entitled t > his clearance before performing theprescrib d routine before the shipping master. This is, however, not the view of the case taken by our shipping master, who would be presumed to know the legal^ bearing-! < f the case. Oar correspondent's Gth question must sui-fly be answered in the affirmative. Whether a foreigner is obliged to observe certain regulations may he a matter of question, but it cannot be doubted that the law is far-reaching enough to punish a foreign ship-master, for illegally shipping or discharging English seamen in our port. The only debateable point in this question seems to be what does the word illegally here import ? As to our correspondents implied assertion that the mate and captain of a foreign schooner now in port have no certificates of competency, we do not see that the law could interfere in such a case. The difficulty of insuring goods, consigned by a vessel thus circumstanced should prove quite sufficient to counter-bal ance any advantage she may otherwise possess n-«- English vessels, and in the case of large T699 -1* ia nearly always sufficient to COM am a foreign master to obtain a certifi<ate om the local Marine Board. It is ell-'tiown that every American skipper ■v, ihin to load from London has to pass the t ird f Trade examination before he can gt any cargo entrusted to him We have rea.-^ . co believe that this point is not made enough of by the Insurance offices of New Zetland, and yet we take it that the whole question of grievance raised by our correspondent's querries might be made to hinge upon it.. If the insurance offices would once let it be known that they would not insure cargo or vessels where the officers had not the usual guarantees of competency, a care would soon be worked. With regard to the "Coasting'trade Eegulations Act of 1871," we may add that it confers a privilege on foreign vessels conceded by hardly any other nation or colony, and now that the special emergency for which ir, was passed has disappeared, it might become a question whether it should not be abrogated.

The A S.P. Co.'s Southern Cross cleared at three o'clock for Napier with a large general cargo. She is to sail this evening. The schooner Fortune, from Awanui, brings 220 sacks of maize, 24 pigs, 4 bags of fungus, and 8 turkeys. Tbe Prince Alfred, barquentine, cleareri out to-day for tbe Thames with portion of her original cargo from Lyttelton, and iD addtion 1 ton salt, 3 casks whiting, and 12 cases jams. The schooner Sir Isaac Newton, which left Napier on the 12ch instant, made her appearance at the Heads an five o'clock yesterday evening, after a fine weather passage with N.E and S.B. winds. She brings a cargo of maize.

Ihe s.s. Result was yesterday taking in her engines alongside the Gore-street jetty. The work was progressing very rapidly, and will be finished in a day or two. The Result will he much the same sized steamer as the Sir "Donald.

The schooner Ruby was to leave Wangaroa on last. She brings a cargo of t mSer for Messrs Holdship and Co.

The barquentine Falcon moored off into th stream this morning". Tin schooner Colonist cleared out to-day for Mapier with a cargo of timber, &c, Capt. Murray, late of the Albatrosg, has been appointed to the ketch Pearl.

The barque Annie Lisle is expected in the Kaipara from Dunedin. She was to sail last week in ballast. When loaded she is to return with her cargo to Dunedin.

Ttie brig Vision, loaded by Mr J. Reid, at Wairoa (Kaipara), with sa.wn timber for iJunedin, was tilled up on Thursday last, and has no doubt sailed by this time. The Nightingale, lately loading logs for Melbourne at Otamateu, was to have finished ,y Saturday. Tne late easterly winds would, ,o doubt, enable her to get away as soon as ready. One of the crew came to town a few days ago, with his hand injured by a falling og. The barque Speedwell is loadiDg at the Kopura sawmdi for the South. Tae ship Zealandia has entered outwards for Guam. The brigantine Coronet has entered outwards for Tahiti. Yesterday afternoon Ca.pt tiose was taking on board some heavj machinery, which is to be conveyed to liaro ton^a for Captain Young. While she has been out in the stream, th ship City of Auckland has been smartene. up considerably under the superintendence o. Mr. Trewin, the cmef officer. The lnteiiu, of the saloon has been somewhat altered n appearance by the pauels of tue state-room being painted a French grey, a colour whici, contrasts very prettily with the dark brown of the polished teak fittings. Mr. Mclnnes, the engineer of the ship, has done the painting and decorating. The following description of the late co lision between the ketch Wild Duck, and the schooner Merlin, off Waikato Heada, was supplied by a passenger on board the Wild Duck, named Mr Edwin Millett; :—The schooner Merlin and ketch Wild Duck lefi the Manukau together on November 10, bound to Port Waikato. On arriving off the bar at Port Waikato the Wild Duck luft'eo in close around the north bank, the schooner Merlin, on the starboard tack, passing well clear to leeward and a3tern. When the Wild Duck was close on the south bank she ticked, whilst in stays the Merlin appeared !. coming on fast through the water on the port tack. 6he was hailed to go about ; Bhe held on her couise, not heeding. Whilst we were paying off, our staysail sheet to windward, w<i fouled, our jibboon running through the Merlin's lnai&sail, just catching the after (eech, and boon topping lift, causing her to fall broadside on to our vessel. After we had cleared each other both vessels ran to sea. Ihe damage to the kttch was trifling. The schooner was much knocked about, having her main-boom and mainsail, with some iew feet of starboard bulwarks.

The brig Pakeha has cleared for Dunedin via, Wangaiot, wiih a cargo of timber. The kecck JTanny Kelly has cleared out at 6he Customs for Opotiui, with a general cargo shippad by various firms. Lewis Bios., agents. The Kover arrived last night with a cargo of maize, wool, and pigs, from the East Coast. 3§§The F.ffie Meikle came in this morning tram Gisboine and the East Coast with the lollowing cargo :—25 bales of wool, Owe a.nd Graham ; 19 bags of fungus, 54 bags o: maize, 1 hide, Lewis Biotbers ; 110 bags ot maize, G. W. Binney j 18 pigs, order.— Master, agent.