Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

SHAP. VII] MERCHANT SHIPPING 1203 Seamen Act, 1908, of the Parliament of New Zealand. That Act provides that in the case of seamen engaged in New Zealand or engaged abroad but employed in New Zealand, the seamen while so employed shall be paid and may recover the current rate of wages for the time being ruling in New Zealand. It also provides (subsection 2) that the superin- tendent of the port, at which a ship loads or discharges cargo carried coastwise, shall notify the master of the ship of the provisions of the section, and the superintendent is empowered to have the ship’s articles endorsed so as to show clearly the amount of wages payable. By the next sub- section the Collector of Customs is authorized to detain the final clearance of the ship until he is satisfied that the crew has been paid the current rate of wages ruling in New Zealand, or any difference between the agreed rate of such wages and the New Zealand rate of wages. The company held that they were only obliged to pay the rate of wages provided for in the articles, and the questions submitted to the Court were whether s. 75 of the Shipping and Seamen Act, 1908, applied to the company’s ships while in New Zealand ports, and while at sea between New Zealand ports ; whether the Superintendent of Mercantile Marine had the right to endorse the articles of the company’s ships as pro- vided in subsection 2 of s. 75 of the Act, and whether seamen employed on the company’s ships could sue in New Zealand for the current rate of wages ruling in New Zealand, not- withstanding that a different rate of wages was fixed by the ship’s articles. Though the opinions of the Court were somewhat divergent, it was decided by the Court that it was open to the seamen to claim the payment of the extra wages which represented the difference between the rates enforced by the Arbitration Court in the Commonwealth and the rates prevailing in the coastal trade of New Zealand, and that the refusal of a clearance was a legitimate means of enforcing the right of the sailors to those wages. The Court held that the provisions of the Shipping Act were invalid so far as they purported to confer upon seamen the right to sue for all their wages, as

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