SHIPPING.

New Zealand Times, Volume XXIX, Issue 4225, 5 October 1874, Page 2

SHIPPING.

POKT OF WELLINGTON limn Vim, O.IG a.m.; 0.58 p.m. AEEIVED. October 3.—Ladybird, b.s., 236 tons, Andrew, iron Northern ports, Passengers—Cabin: Mr. and Mrs. Allan, Miss Ilartman, Mr. and Mrs. Skcet and child, Mrs. Bennett and child, Mr. and Mrs. Buchanan, Messrs. Mawby, Mcintosh, Crowthere, Picket, Collier, and Badge. Steerage : Eight. E. S. Ledger, agent. Stormbird, s.s., 07 tons. Doile, from Wanganni. Passengers : Mesdames Marsh, Eeardon, Axup, Waterhouse, and one Maori. Turnbull and Co., agents. Strathnaver, schooner, 53 tons, from Oinaru. Master, agent. Kobin Hood, brig, from Newcastle. October 4.—Manawatu, p.s., 103 tons, Griffiths, from Wanganni. Passengers: Messrs. McMasters, Colaon, Walker, and Kennedy. E. S. Ledger, agent. SAILED. October 3.—Marion, schooner, 300 tons, Howe 3, for Westport. Levin and Co. agents. W. C. Wentworth, barque, 315 tons, McDonald, for Hokianga. Pilcher, agent. Eecord, barque, 437 tons, Jenkins, for Bluff. Mclntyre and Co., agents. Ladybird, s.s., 2SC tons, Andrew, for the South. Passengers : Mrs. Lemon, Messrs, Lewis, Schwartz, Wood, and Leary. E. S. Ledger, agents. October 4,—St. Leonards, ship, 1053 tons, Todd, for San Francisco. Levin and Co., agents. CLEAEED OUT. October 3.—J. A. Thomson, ship, 129 S tons, Thomson, for Bluff Harbor, with original cargo from Liverpool. Johnston and Co., agents. Florence, schooner, 55 tons, Brown, for Greymouth. Master, agent. Euby, schooner, 24 tons. Dalton, for Kaikoura and Waipapa. Bethune and Hunter, agents. IMPOETS. Ladybird, from Mamikan: 37 case". 3 parcels, 2 trusses, 2 boxes. From Nelson : G 3 bales, 9 cases, 13 packages, 5 bars iron, 81 pipes, 1 trunk. Stormbird, from Wanganui: 1 package, 1 bag, 1 cask, 1 parcel, 0 boxes. Strathnaver, schooner, from Oamaru: 500 sacks flour, 200 do. oats.

EXPOETS. Florence, to Greymouth: 340 rails, 11 tons wire rope. Kubv, to Kaikoura: 14 cases. 2 bales, 50 mats, 2 casks, 1 qr. do., 1 trunk, 1 parcel, 33 boxes, 2 packages, 1 bundle, 1 qr.-tierce. EXPECTED AEKIVALS. London.—Douglas, 1423 tons, Wilson, sailed from Gravesend Jnly 3 ; Panthea, Langstonc, to sail June 20: Hlndostan, July 15: Wanganui, July 25 ; Cartvale, passed Falmouth June 29; Star of India and Honrah, sailed August 25 : Helen Denny, 1297 ton 3, Kuth, sailed from Deal July 24 ; Jungfrau, E. P. Bouverie. and Soukar. Northern Ports.—Phoebe, s.s., Bth inst. Southern Ports.—Wellington, 5.«., oth inst. Melbourne, via the AVest Coast.—Albambra, this day. . Melbourne, tia Nelson.—Nightingale. Newcastle.—Anne Melhuish, Australind, Camillo, Frowning Beauty, Heversbam. Napier.—Eangatira, this morning. PEOJECTED DEPAETUEES. Northern Ports.—Wellington, s.s., 7th inst. London.—Halcione, early in November. Southern Ports".—Phoebe, s.s., Bth inst. Foxton.—Napier, s.s., early. Melbourne, via tile South.—Alhambra, this flay. East Coast Ports (North Island).— Eangatira, ' Wanganui.—Manawatu, p.s., this day; Stormbird, J.S., this day. BY TELEGRAPH. ONEHUNGA. October 3.—Arrived, 6 a.m.: Luna, from New Plymouth. The s.a. Ladybird arrived in harbor at 5.45 a.m. on Saturday, having left Manukau at 2.15 p.m. on the 30th: arrived at Taranaki at 6 a.m. on the Ist: sailed at 8.30 a.m. same morning, and arrived at Nelson at 4 a.m. on the 2nd ; sailed at 1 30 p.m., and arrived at Picton at 10 p.m. same night; sailed at midnight, and arrived here as above. She experienced strong westerly gales to Nelson, and from thence light winds. The Ladybird sailed again for the South the same afternoon. The brig Kobin Hood arrived from Newcastle on Saturday night. The favorable breeze on Saturday was taken advantage of by several vessels. The Marion sailed for WeatDort; the W. C. Wentworth, for Hokianga ; and the Itecord, for the BlufT. The ship St. Leonards sailed yesterday morning for San Francisco, and was taken out by the pilot. The Wanganni steamers have arrived, the Stormbird on Saturday and the Manawatu yesterday. They both sail again to-day. The Eangatira may be expected in early this morning from Poverty Bay and Napier. The s.s. Alhambra will also be up from Nelson during the early part of the day. Both steamers are announced to sail again this afternoon. Loss of Life in Foveaux Strait.—Captain Cross, of the Flying Scud, brings melancholy news from Stewart's Island. He reports that Mr. George Preece of the cutter Jessie Traill, on Sunday last, whilst on a trip from the Bluff to Stewart's Island, about six miles off the Island, fell overboard, and has not been heard of since. The particulars are as follows : _Mr. Preece left the Bluff on Sunday morning in the cutter Nelly, and when about six miles off the Island, his mate went below to light his pipe, and when coming on deck some time afterwards, be found Mr. Preece had disappeared, and also that an oar was missing from the deck. He immediately lowered the sail, and hung about the place for some time, but was unable to find any trace of him. An inquiry wa3 held before Captain Greig, E.M., on Stewart's Island. The strangest part of all It that the unfortunate man's mate declares that he did not go to sleep when he went below, and that he did not hear any unusual sound whatever. — Southland Times, Sept. 25. ALianT-SHiP Bun into.—At about 11 p.m. on Saturday last, the keeper of the Timaru Bank Lightship was aroused by a tremendous shock, and rushing out to ascertain the cause found that the light-ship had been run into by an outward topsail schooner, which he could not then recognise. The schooner struck the light-ship on the starboard side abreast the fore hatch, and cut right through the guard board to the hull. She disengaged immediately, and, without waiting to ascertain what damage had been done, or whether the light-ship would float.or sink, she was kept on her course, and proceeded to sea. No conversation passed between the keeper of the light-ship and those on board the schooner; in fact, there was not time for it. Moreover, Mr. Smith, of the lightship, naturally thought that the schooner would have been anchored in order that his position might be ascertained. But no ; the schooner was kept away, and was soon lost in the gloom of the night; not even a friendly hail to the solitary old man of the light-ship being sent from her. Such conduct was not only reprehensible, it was disgracefully inhuman. We jincerely hope that the schooner will be identified and such punishment meted out to those in charge of her as their behaviour on Saturday night merits. The light-ship was seriously damaged, but not to such an extent as to imperil her safety. That the collision was not reported before, is entirely due to .the late bid weather, which has rendered communication with the Lower Harbor exceedingly uncertain.—Canterbury Press, September 28. The Schooner Garibaldi Eeported Safe.— It is gratifying to state that intelligence has arrived that thi3 vessel is safe. The following telegram from Captain Fairchild, of the p. 3. Luna, was received yesterday, and was further supplemented by reports from the steamer Taranaki:—" There can be no doubt but that some vessel has met with an untimely fate, and that the whole of the crew were drowned." The following is Captain Fairchild's report, and also the additional information that has been gathered:—"l do not think it can be the Garibaldi wrecked off Cape Egmont; I saw the Garibaldi in Port Underwood on September 20, and, according to the wind, the schooner could not reach Cape Egmont for three or four days after." This telegram is further confirmed by Mr. Evans, chief mate of the s.s. Taranaki. He states that he saw the masts of a vessel on Sunday afternoon last, which he recognised "at once" as the schooner Garibaldi, which was then lying inside Ship's Cove, Queen Charlotte Sound. He ft certain the vessel was the Garibaldi; the schooner was also recognised by some of the crew of the steamer. It is as well to state that the schooner was peculiarly rigged, and would bo easily recognised. — Lyttelton Times, September 30.

INQUIRY INTO WRECKS.—POWERS OF COLONIAL COURTS. (From the New Zealand Gazette, October 1.) Customs Department (Marine Branch), Wellington, 26th September, 1874. The following despatch, with enclosures, from the Bight Hon. the Secretary of State for the Colonies, Is published for general information. "William H. Reynolds. Downing Street, 21th July, 1874. Sir. —I transmit to you a copy of a letter from the Board of Trade enclosing a copy of a letter from the Secretary to the Customs Department at Wellington, and commenting on the report of an Inquiry, held under the Inquiry into Wrecks Act, 1869, in reference to the stranding of the barque Anazi, of London, near Auckland, on the 6th of March, 1874. I request that yon will bring these papers under the consideration of your Ministers, and that you will draw their attention to the recommendation of the Hoard of Trade that the power of the Wreck Courts of the Colony to deal with certificates for misconduct, &c, should be placed beyond doubt.—l have, &c, Carnarvon. Governor the Right Honorable Sir James Fergusson, Bart, iic, &c. The Eoard of Tradk to the Colonial Office. Board of Trade, Whitehall Gardens, 22nd July, 1874. DISCIPLINE. Sir,—l am directed by the Board of Trade to transmit for the Information of the Earl Carnarvon the accompanying eopy of a letter from the Secretary to the Customs Department, Wellington, enclosing, together with other documents, a report of ar; inquiry held under The Enquiry Into Wrecks Act, 1809, in reference to the stranding of the barque Anazi, of London, Official No. 62,823, near Auckland, on the 6th of last March. [The writer here comments on the conduct of the roaster and officers of the Anazi, and then proceeds as tinder:—] The arguments of counsel appear to have been as follows, viz.,— 1. That the Court bad no power to do anything raore than was authorised by tho Cclonial Wreck Act. 2. That this Act did not give them power to suspend certificates unless serious damage was done to the ship. .',.., 3. That there was no power under any Colonial Act for them to inquire into misconduct without a casualty.

4. That the Colonial Act gave them no power to make a report upon which alone certificates can be dealt with by Colonial Courts under the Imperial Acts. 6. That if they could derive power from the Imperial Acts of 1554 and 1802 (which ho denied) those Acts would not give them jurisdiction in this case, because it was not one of material damage to the ship. Upon these arguments I am to make the following observations, viz.,— 1. It is clear that the power given to Colonial Courts of Enquiry by Imperial Acts cannot be tsken away or diminished by Colonial Acts authorising such Courts of Enquiry unless specific provisions are con tained for that purpose, whicli is not so in the case of the New Zealand Act under which this Court was authorised. The Court had therefore all tho powers of a Colonial Court of Enquiry under the Imperial Acts of 1854 and ISG2.

2. It was not necessary for the Colonial Act to give the Court a power which it already possessed under an Imperial Act. In fact, section 15 of the Colonial Act appears to be altogether unnecessary; it would have been quite sufficient for the Colonial Act to have authorised the Court to make enquiry; the power of dealing with certificates would then follow under tho Imperial Acts. 3. There was in the opinion of this Board no necessity, as far as this case was concerned, for tho Court to possess tho power of enquiry into misconduct pure and simple, as section 3 of the Colonial Act specially mentions stranding as a case in which enquiry can be held, thus amending the Imperial Act. 4. No Act is required to enable a Court to make a report if they think fit. 5. The Imperial Act, 1854 (section 242, sub-section 5), gives power to the Board of Trade ; and therefore the Act of 1802, section 23, gives the power to the Court to suspend, &c, "if upon any investigation made by any Court * * authorised by the Legislative authority in any Britisli possession to make inquiry * * as to shipwrecks or other casualties affecting ships, a report is made by such Court to the effoct 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 authorised 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 authorised 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 1802, the Court has the power to do what the Board of Trade could do under the Act of 1554. 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 sub-section 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, 4c, tho Board of Trade were intended to have power to deal with certificates on a report from a Court authorised by the Colonial law to enquire into shipwrecks, and not into misconduct, to the effect that an officer had been guilty of misconduct. 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 authorised 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 charge 3of 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 suspected 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 section 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.—l 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, May 9, 1874. Sir,—l 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 Holinan, master, near Auckland, on the sth March last. You will perceive that, in consequence of a technical 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 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 bo glad if you would favor me with the opinion of the Board of Trade thereon. I' should add that tho 241st section of the Merchant Shipping Act, 1854, was brought into force in New Zealand by the Merchant Shipping Acts Adoption Acts, 1869. copy of which was forwarded to you in my letter of the 13th April, 1872, No. 358 h. —I have, be, William Seed, Secretary of Customs. The Assistant Secretary, Marine Department, Board of Trade, London.