With reference to the proceedings of the Naval Court lately held at Foochow to enquire into the circumstances attending the loss of the "Prince Kung," and which we have published in ezrengo in the last two issues of this paper, we think it right, in order to prevent misconception on the part of all persons interested in shipping, insurance, or otherwise, to explain that we have it on good authority that the lust clause in the decision, in which blame is attributed to the shipping master of this port, appears to have been founded upon an entire misapprehension of the 136th Section of the Merchant Shipping Act 1854, which, it will be seen from the quotation we append, applies only to vessels leaving a port in the United Kingdom. Is stands to reason, moreover, that the obligation provided for cannot be intended to apply to this or any port out of the United Kingdom seeing that there are no means or applinnces provided for the granting of certificates of competency to masters or mates of ships.
It is, no doubt, the duty of the shipping clerk, in this or any other Consulate, on the engagement of a mate or other oticer to enquire whether he pos-sosses n certificate of competency, and if he does to cuter the number thereof on the articles; but, should the party be without suet a certificate, the master if he deems fit is at liberty to engage the man, the shipping clerk taking the precaution to inform him that the provisions of the Act are liable to be enforced should the vessel at any time during the voyage leave a port of the United Kingdom. This duty is defined by a paragraph in the Board of Trade Instructions to Consuls, a copy of which we also publish, Section 136 of the Merchant Shipping Act 1854.
No Foreign-going ship or Home Trade Passenger ship shall go to. sen from any port. in the United Kingdom unless the faster thereof, and in the case of a Foreign-going ship the First and Second Mates, or only Mate (a8 the case may be), and in the ease of a Home Trade Passenger ship the First or only Mate (as the case may be), have obtained and possess valid Certificates either of Competency or Service appropriate to their several stations in such ship, or of a higher grade; and no. such ship, if of one hundred tons burden or upwards, shall go to ses as aforesaid, unless at least one officer basic the Master has obtained and possesses a valid Certificate appropriate to the grade of only Mate thereto a higher grade; amd. every person who, having been engaged to serve as Master, or as First or Second or only Mate of any Foreign-going ship, or as Master firs or only Mate of s'Home Trade. Passenger ship, goes to sea. as aforesaid as -such Master or Mate without being at the time entitled to and possessed of such a Certificate as herein-before required, or who employ any: pon, Master, of Fit ship, of as Master or First or only Mate of coond, or only Mate of any -going
2 Home Trade Passenger ship, without ascertaining that he is at the time entitled to and possessed of such Certificate, shall for each such offence incur a Penalty not exceeding Fifty Pounds.
Extract from Instructions to Consuls dated December, 1869.
4.—The Master and crew being in attendance, the Consul should see that the provisions of the Act, (S.S. 44 and 46,) as to the Master's name being on the ship's register are complied with.
The provisions of the Merchant Shipping Acts which require that Masters, Mates, or Engineers shall. possess Certificates of Com-potency or service relate to cases in which ships go to sea from ports in the United Kinglom, Whenever a Master, Mate or Engineer holds.a Certificate of Competency or service, it should be produced to the Consul, and the number of it should be inserted—opposite the name of the posse: sor in any form in which his name appears and whenever he does not hold one he should be reminded of the provisions of s. 136 of the Merchant Shipping Act 1854 and s. 5 of the Merchant Shipping Act Amendment Act 1862," which would be enforced if the ship at any time in the course of the voyage should go to sea from the United Kingdom,
Text read from the printed page and cleaned; old type leaves the occasional error.