MERCANTILE LEGISLATION.

Otago Witness, Issue 919, 10 July 1869, Page 1

MERCANTILE LEGISLATION.

It has been generally understood that the Statute Law of Great Britain in regard to Merchant Shipping is in force in this colony, except in so far as its provisions may be strictly local in their character. This impression has not been confined to the outside public, but has in more than one instance, we understand, been acted upon by official personages. The fact is that but a very small portion of the British Act of 1854 has ever been adopted by the Legislature of New Zealand. In 1858 the General Assembly, by the * Merchant Shipping Act 1854 Adoption Act,' brought into force here so much of the third Part of the Imperial Statute as relates to rights to wages, to tho means of enforcing those rights, and to certain other matters connected with the discharge of seamen and their protection from unjust treatment. Beyond this the provisions of the British Acts have no force here. Tho lato Government prepared a Bill to extend tho application of the Imperial Law tothe shipping trading in tho ports of tho colony. This Bill was introduced as soon as tho House met, and was actually read a second time oa the 4th of last month — tho day after it was printed. So far as we know, it has not beon further proceeded with, but as somo of tho objects which tho Government had in view in introducing it aro undoubtedly dosirablo ones, it is highly probable* that it will bo taken up by the present Administration and passed during tho session, with, perhaps, somo modificittions. Now,it i.s a factthatthia Bill won absolutely prepared lnstaafeaion, and leave obtained for its introduction. It shared tho fato of a good many other highly important measures whicli it was found impossible to proceed with, becauao tho time of the House was so completely absorbocl by |>arty fights and the Native question. Yot it was not minted in timo to bo placed in tho hands of tho members of tho House, when it was again brought forward this senwion. This is another illustration of the importance of the subject dwoussed at a lato meeting of the Chamber of Commerce In a country like thin, whero the mercantile community m not concentrated at one great port, which in also tho capital of the colony, Homo special pains ought to bo taken to acquaint tho commercial publio with tho intentions of Uhj Government whon changes of tho law tfwting morot&tilo interoata aro con.

templated. ought to^be aii opportunity given to men, of business in each of the port towns in the colony, of discussing such proposed changes before they are to Parliament by Ministers. This proposition is self-evident, and has been again and - again urged upon the late and preceding Administrations. Yet this Bill, prepared so long ago as October, 1868, dealing with an intricate subject, and itself merely a skeleton, referring throughout to no less than three Imperial Acts, was not printed during the recess ; nor were any steps whatever taken to ascertain the opinions, or to seek the advice of the mercantile community upon it. And)snow that it is printed and in some slight degree accessible to the public, the perusal of it brings forciby before the mind another great grievance. It .is, as we have said, a mere skeleton. It refers throughout to the Imperial Merchant Shipping Act of 1854, an Amendment of^jbhat Act passed in 1862, and the more recent Merchant Shipping Act of 1867. No doubt the chief provisions of the earlier of those Acts are to be learnt from any good manual of Shipping Law. But the Act of 1867 is scarcely known in the colonies, and quite unprocurable here. The whole of the portions of these Acts which it is intended to bring into force in this colony, ought either to have been embodied in the Bill now brought forward, or to have been reprinted in the form of a Schedule to it. This is not a solitary case. Our Statute Book contains a very considerable number of Adopting Acts. Copies of the Imperial Acts thus brought into force here are not procurable by the public, and on more than one occasion it has happened that the Acts have come into operation some time before the members of the legal profession could take steps to acquaint themselves with their provisions. So far aa we can gather from the Bill iteelf and from the explanations made by the late Commissioner of Customs in the House of Representatives, the chief object sought to be attained by it is the appointment of Shippingmasters. The functions performed in other countries by licensed Shippingmasters have hitherto in New Zealand been partially, and, as Mr Richmond confessed, imperfectly, performed by the officers of the Customs Department. While • this system has not worked so satisfactorily as that which prevails in almost all other parta of Her Majesty's dominions, it has at the same time thrown on to the Customs officers extra duties wnich are occasionally of an onerous character. It is contemplated that the change will be in the direction of economy as well as of increased efficiency. We feel very little doubt that this ha« been the main object of the Commissioner of Customs in having this Bill prepared, and we believe that the proposed change will be acceptable to all interested in shipping aa much bo to seamen as to their employers. The opportunity, however, of the introduction of a Bill for this purpose, seems to havo been taken to extend generally the provisions of the original Adopting Act. That portion of tho Imperial law which relates to the examination of masters and matai, Mid tlw granting to them of certificates of competency, w to bo brought into force here. Alfc?»dya stop has been taken in this 'direction in tho Steam Navigation Act, and it is now desired to extend tho system to tho masters and mates of all classes of fihipping. If the proposed arrangements can be carried out with judgment, and without inTolving any largo and costly machinery, tho proposal i» no doubt a wise ono. But it certainly is not one that should be adopted hastily. It will be quit© easy to do aa much h«rm as good, if tho English system is suddenly introduced withmitany adequate provision for adapting it to tho peculiar circumstances .of Nev Zealand—without indeed some verydtteWted modifications. Iho Bill as it .standn aoaUine no provisions tending in this direction* and a« there aro vory •few members of *ko Assembly who understand anything about this class of subject*, it is not at all unUkdjr ttyt xf

the'Abtws passed if w^l* immediawly found' nnworkableV It is- in,? dealing with marine* affairs that our Legislature , has committed some, of its greatest blunders, , and there • is J nothing in regard to which it has been driven to more chopping and changing 'of the law.' Besides these ' two prinoipal. subjects, the Bill deals still more extensively than the> Adopting Act o± 1858 with questions relating to the wages, discharge, and re-engagement of seamen. On questions connected with I these matters we can offer no opinion, except that it is undoubtedly desirable that there should be one law and one rule in regard to them in every part of the Empire.