THE BARQUE GAZELLE.

New Zealand Herald, Issue 6568, 5 December 1882, Page 4

THE BARQUE GAZELLE.

The barque Gazelle being still to be seen riding in our harbour, naturally suggests the inquiry, why should she in thi se busy times be lying idle while other crafts are fully employed? The Gazelle arrived here on September 25, With a Cargo of coal from Newcastle, having on board, as usual, a certain quantity of sbip'a stores, including some tobacco put on board under seal in Newcastle, a portion of which had been consumed ou the voyage. The quantity supposed to bo remaining was enumerated with other stores ou the manifest on entoring at the Customs here, and placed under seal by the Customs officer. Fiom soaie information which the oHisers appear to have received, they snspected that the c.iptnin might attempt to land tobacco, evading the duty, or in other words might attempt to smuggle some on shore, and a watch being set he was caught in the act of coming on shore carrying a paicel of contraband tobacco. On being questioned by the Customs officer ho pleaded guilty, and on being further questioned admitted that bo bad a further quantity on board which he had not reported in his manifest, and which was his property. He was thereupon arrested, but released on bail. The case came up for hearing next roornim;. Captain Garth pleaded guilty, aad was undefended by counsel. Til- prisoner was liable Co be arraigned under three sep.irato charges, i.e., lauding tobacco without piiying duty, ms-king a false declaration, and secieting tobacco on board bis vessel. For the idfjuce ot landing and that of false declaration, the highest tine recoverable is £'25, whilst for tho olfence of secreting, the highest penalty is £100. It was pointed out to the Customs authorities that, in this case, they could hardly make threo separate charges, as thev were all embodied in the one fraudulent transaction. They, therefore, withdrew the two tirst charges, and tried the captain on the one on which the highest hue could be recovered, i and the captain was linod in the full penalty of I iiiOO and costs. Tho fiuo and costs weis paid forthwith, and the captain naturally inferred th'at that being done, there was an end to the matter. To his great astonishment, howevor, bo nad no sooner paid the money, than tho Customs served him with a notice of the seizure of the ship, and placed an officer ou board. Thev then demanded the ship's register from the agents, which was handed them. They permitted the vessel to ditchargeher inward cargo, but ordered the captain to put a certain quantity of ballast on board, haul uff from the wharf, and anchor in the stream, stow sails and make all snug, pay off tho crew (all at shipowners' expense). They then took possession ■ of the vessel, which they now hold. The Gazelle is owned by Mr. J. C. Ellis, of Nowcastle, N.S.W., a gentleman well and favourably known throughout the colonies, and one of the largest shipowners iu Australia. A clause iu the New Zealand Acts, relating to matters of this sort, provides that when » vessel is seized for an offence of this nature*, and when it can b2 proved to the satisfaction of the Commissioner of Customs, that the owner or master are not aware or privy to any act of smuggling or attempt to nmuggle, tliut tho vessel shall be restored to the owner. Mcsam. Stone Brothers, acting as agenca for Air. J, C. Ellis, promptly procured from him the necess.iry notarial declaration that he was no party to the olFence, and totally igtioraut of any tobacco being oa board other than what was duly certified on the vessel's outward manifest. They communicated with the head of the department, explaining the hardship of the ease eo for m the owner was concerned, that a cargo of timber was ready and waiting for the vessel, and that nerious loas and iacouveuience would accrue to him if the venael were detained, through no fxultof his own, and that the captain having suffered the full penalty of due and dismissal from the service, tho vessel should in all fairness bo released forthwith. After a lengthened •delay they received a reply that, on condition of the sum of £50 being paid, with all coats incurred, which amounted at the time to about £'2S moro, the vesaol should be restored to tho owner on the condition that that they should biud themselves, on behalf ot themselves, the owner, ciptaiu, and all coucerned, that no action, legal or otherwise, should bo taken against the Government with reference to the seizure of the ship. Mr. Kllis, having been in- : formed of this decision, instructed Messrs. Stone brothers to pay the money under protest, and declined to be withheld from talcing such action hereafter as he might think fit, scatiug ' that tho fact of hia readiness to pay the money and take back his ship under such conditions might be construed into an andmission I of complicity, and a feeling of leniency towards 1 those who might be guilty of similar ofleuceu. The Customs refused to accept payment under protest, or to release the vessel, except under the conditions imposed. The latest we hear on tho subject is, that a writ has been issued i against the Commissioner of Customs, asking | for a & injunction to stop the sale of the vessel I by the Government, and for the delivery over of the vessel to the owners, for a declaration by the Court that the seizure was illegal, and for damages, £590. The case will come on for hearing earJy in January, and is ono of the greatest interest to shipowners, captains, and everyone connected with tho shipping interest. More especially is it of vital Importance to shipowners, and with this view, Mr. Ellis, on public grounds more than to serve his private purposes, is desirous of having the matter tested and argued out in Court. We are informed that the legislation of this colouy on the subject differs from the Imperial Acts and of other colonied and othor countries, arrogating to itself greater powers. One thing is certain, that if the infringement of Customs laws on the part of a captain commanding a vessel visiting New Zealand renders such vessel liable to seizure and forfeiture, shipowneia outside of this colony will be very chary of jeopardising their . property by sending their vessels into these waters.. .A pound of cigars found secreted in a captain's cabin might serve as a pica, for seizing a.n ocean steamer worth £100,000. Then; would be an end to any safety in the investment of 1 money in ships or on ships, and the owning of ehip property would bo reduccd to a hazardous [ undertaking.