STEAMERS ON THE HIGH SEAS.

Evening Star, Issue 12870, 20 July 1906, Page 4

STEAMERS ON THE HIGH SEAS.

«■> A QUESTION OiF JURISDICTION. WELLINGTON, July 20. » In the Supreme Qourt to-day Mr Levi, for the Union Company, contended that the right of the New Zealand Parliament to legislate could only be found in the wording of the Constitution Act. The English statute, 26 and 27, Vict., C. 23, defined "colony" for the purposes of the Constitution Act as islands lying within certain latitudes, but did not mention that jurisdiction extended to three miles bevond the coasts of these islands. The Imperial Merchant and Shipping Act, 1894, section 689, gave power to the colonial courts to take cognizance of offences committed at sea in British ships if ships afterwards touched at a colony to which the Act applied. Without that statute tho Now Zea'and courts would have had no power to deal with offences eomnucted on board ship even half a mile from the English coast, and even if committed on board a ship registered hi New Zealand. Section 35 of the English Merchant and Shipping Act, 1894, gave our Legislature power to legislate for our coastal trafr, but such legislation had to be reserved for the consent of the British Sovereign.' The Arbitration Act had not received the assent of the British Sovereign and therefore could not even affect the cpastal traffic of New Zealand, let alone traffic on the bigh seas and what was done on the Union Company's steamers in an Australian port. The company did not object to coastal boats being bound by the awards, although they contended that the awards could not legally bind tnem, but they objected to be bound by an award made without authority by the New Zealand Lesislature to extend to an Australian port. Registration of the Union Company's ships in New Zealand did not make them New Zealand ships, but British ships, and tho law of England would apply to those sains, and not the law; of Ueur Zealand;

therefore, the awards would not apply to the Union Company's boats while .in Australian ports or on the high seas.