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Jurisdiction of

port sanitary authority.

Delegation of powers by port sanitary authority.

Provision as to port of London.

Construction of schedules.

As to certain orders under

section 20 of

35 & 36 Vict. c. 79.

authority any powers, rights, duties, capacities, liabilities and obligations under this act, and direct the mode in which the expenses of such authority are to be paid; and where such order constitutes a joint board the port sanitary authority, it may contain regulations with respect to any matters for which regulations may be made by a provisional order forming a united district under this act.

A port shall mean a port as established for the purposes of the laws relating to the customs of the United Kingdom.

288. The order of the Local Government Board constituting a port sanitary authority shall be deemed to give such authority jurisdiction over all waters within the limits of such port, and also over the whole or such portions of the district within the jurisdiction of any riparian authority as may be specified in the order.

289. A port sanitary authority may, with the sanction of the Local Government Board, delegate to any riparian authority within or bordering on their district the exercise of any powers conferred on such port sanitary authority by the order of the Local Government Board, but, except in so far as such delegation may extend, no other authority shall exercise any powers conferred on a port sanitary authority by the order of the Local Government Board within the district of such port sanitary authority.

291. The mayor, aldermen and commons of the city of London shall be the port sanitary authority of the port of London, and shall pay out of their corporate funds all their expenses as such port sanitary authority.

308. [Compensation in case of damage by local authority.]

317. The schedules to this act shall be read and have effect as part of this act.

Temporary Provisions.

325. The power conferred by section twenty of "The Public Health Act, 1872," of temporarily constituting a port sanitary authority shall be deemed to have authorized a renewal from time to time of any order made under that section.

Powers of act

tive.

PART XI.

Saving Clauses and Repeal of Acts.

341. All powers given by this act shall be deemed to be in addition to to be cumula- and not in derogation of any other powers conferred by act of parliament, law or custom, and such other powers may be exercised in the same manner as if this act had not passed; and nothing in this act shall exempt any person from any penalty to which he would have been subject if this act had not passed.

Provided that no person who has been adjudged to pay any penalty in pursuance of this act shall for the same offence be liable to a penalty under any other act.

Repeal of Acts.

Repeal of acts in schedule V.

343. The acts specified in the first and second parts of Schedule V. to this act are hereby repealed to the extent in the third column in the said

parts of that schedule mentioned, with the following qualification; (that is to say,)

That so much of the said acts as is set forth in the third part of that schedule shall be re-enacted in manner therein appearing, and shall be in force as if enacted in the body of this act.

Provided also, that this repeal shall not affect―

(a) Anything duly done or suffered under any enactment hereby repealed; or

(b) Any right or liability acquired, accrued or incurred under any
enactment hereby repealed; or

(c) Any security given under any enactment hereby repealed; or
(d) Any penalty, forfeiture or punishment incurred in respect of any
offence committed against any enactment hereby repealed; or
(e) Any investigation, legal proceeding or remedy in respect of any
such right, liability, security, penalty, forfeiture or punishment as
aforesaid; and any such investigation, legal proceeding and remedy
may be carried on as if this act had not been passed.

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All penalties imposed by the act of the sixth year of King George the Fourth, Power to rechapter seventy-eight, intituled "An Act to repeal the several Laws relating to duce penalties Quarantine, and to make other provisions in lieu thereof," may be reduced by imposed by the justices or court having jurisdiction in respect of such penalties to such sum 6 Geo. 4, c. 78. as the justices or court think just.

29 & 30 Vict. c. 90, s. 52.

Every vessel having on board any person affected with a dangerous or infec- Description of tious disorder shall be deemed to be within the provisions of the act of the sixth vessels within year of King George the Fourth, chapter seventy-eight, although such vessel provisions of has not commenced her voyage, or has come from or is bound for some place in 6 Geo. 4, c. 78. the United Kingdom.

Persons arriving in ships from infected places not to land before examination.

39 & 40 VICT. c. 36.

An Act to Consolidate the Customs Laws.

[24th July, 1876.] WHEREAS it is expedient that the several acts now in force for the management and regulation of customs should be consolidated into one

act:

Be it therefore enacted, &c., as follows:

234. It shall be lawful for Her Majesty in council, or any two of the lords of her Majesty's Privy Council, from time to time, by her or their order, to require that no person on board any ship coming to any port in the United Kingdom, the Channel Islands, or the Isle of Man, from or having touched at any place out of the United Kingdom abroad where they have reason to apprehend that yellow fever or other highly infectious distemper prevails, shall quit such vessel before the state of health of the persons on board shall have been ascertained, on examination by the proper officer of customs, at such place or places as may from time to time be appointed by the commissioners of customs for such purpose, and before permission to land shall have been given by such officer, whether or not it shall on or after such examination be found expedient to order such vessel under the restraint of quarantine, and any person so quitting any such vessel shall forfeit a sum not exceeding one hundred pounds; and if the master, pilot, or person in charge of such ship shall not, on arrival at such place, hoist and continue such signal as shall be directed by such order, until the proper officer shall have given permission to haul down the same, he shall forfeit a like penalty; and such penalties or either of them if incurred, and any penalty incurred under the act of the sixth year of the reign of King George the Fourth, chapter seventy-eight, shall be subject to reduction to any sum not exceeding one hundred pounds, and may be recovered by information and summons before a stipendiary magistrate, or any two justices of the peace, who are hereby authorized to reduce the same accordingly, and to commit the offender to prison in default of payment of any penalty so imposed for any period not exceeding six months."

41 & 42 VICT. C. CCXVI.

An Act for Conferring on the Conservators of the River Thames further Powers and for Extending and Amending the Thames Acts, 1857 to 1870, and for other Purposes. [1st August, 1878.]

[This act provides, inter alia, for the transfer of the buoys in the Thames to the Trinity House of Deptford Strond.]

42 & 43 VICT. c. 47.

An Act to continue and amend the Petroleum Act, 1871.

[11th August, 1879.]

The following Orders in Council and Rules are supplemental to

those printed in the Appendix.

ORDER IN COUNCIL relating to Colonial Certificates of Competency for Certificates of

Masters, Mates or Engineers.

At the Court at Balmoral, the 20th day of November, 1880: Present, The Queen's most excellent Majesty in Council. WHEREAS by "The Merchant Shipping (Colonial) Act, 1869," it is (among other things) enacted that-[Here follows a recital of the Merchant Shipping (Colonial) Act, 1869 (32 Vict. c. 11), s. 8]:

And whereas her Majesty by Order in Council, dated the 17th day of May, 1876 (a), which revoked an Order in Council, dated the 12th day of February, 1876, has been pleased to declare that (subject to certain conditions and regulations therein contained) the colonial certificates of competency for the foreign trade (therein denominated colonial certificates of competency) granted by the Governor of the Possession of Tasmania under the provisions of the "Merchant Ships' Officers Examination Act, 1874," shall be of the same force as if they had been granted under the said acts relating to merchant shipping:

And whereas the legislature of the British Possession of Tasmania has by the "Merchant Ships' Officers Examination Act, 1878," amended and repealed the said recited "Merchant Ships' Officers Examination Act, 1874," and made other provisions in lieu thereof:

And whereas the legislature of the said British Possession of Tasmania has by the said "Merchant Ships' Officers Examination Act, 1878," provided for the examination of and grant of certificates of competency for foreign-going ships to persons intending to act as masters, mates or engineers on board British ships, which certificates are hereinafter denominated colonial certificates of competency, and the Board of Trade have reported to her Majesty that they are satisfied that the said examinations are so conducted as to be equally efficient as the examinations for the same purpose in the United Kingdom under the acts relating to merchant shipping, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under the said acts and are liable to be forfeited for the like reasons and in the like

manner:

And whereas it has been represented to her Majesty in Council that the said recited Order in Council of the 17th day of May, 1876, should be revoked, and a new Order in Council substituted in lieu thereof:

Now, therefore, her Majesty, by and with the advice and consent of her Privy Council, doth hereby direct that from and after the date hereof the said recited Order in Council of the 17th day of May, 1876, shall be, and the same is hereby revoked; provided, however, that the revocation of the said Order in Council shall not affect or invalidate any colonial certificates of competency granted as aforesaid prior to and existing at the date hereof.

And her Majesty is further pleased

1. To declare that the said colonial certificates of competency granted by the Governor of the said Possession of Tasmania shall be of the same force as if they had been granted under the said acts.

Competency-
Tasmania.

APPDX.

(a) Supra, p. 10.

5 U

Certificates of

Tasmania.

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2. To declare that all the provisions of the said acts which relate to Competency certificates of competency for the foreign trade granted under those acts, except so much of the 139th section of "The Merchant Shipping Act, 1854," and the 10th section of The Merchant Shipping Amendment Act, 1862," as requires the delivery by the Board of Trade to any master, mate or engineer of a copy of any certificate to which he appears to be entitled as therein mentioned, so much of the third paragraph of the 23rd section of the said last-mentioned act as requires, at the conclusion of a case relating to the cancelling or suspending of a certificate, such certificate, if cancelled or suspended, to be forwarded to the Board of Trade; and the whole of the provisions of the fourth paragraph of the same section, shall apply to such colonial certificates of competency.

3. To impose and make the conditions and regulations following numbered 1 to 10 respectively, with respect to the said colonial certificates of competency, and to the use, issue, delivery, cancellation and suspension thereof, and to impose for the breach of such conditions and regulations the penalties therein mentioned.

[Here follow certain conditions and regulations which, mutatis mutandis, are the same as the corresponding conditions and regulations numbered 1 to 4 in the Order relating to the grant of colonial certificates of competency by the Lieutenant Governor of Bengal, supra, p. 1.]

Three Years' Domicile or Service necessary.

5. Such colonial certificates of competency shall be granted only to any person who for a period of three years immediately preceding his application for such colonial certificate or for several periods amounting together to three years, the earliest of which shall have commenced within five years prior to such application, has been domiciled in or has served in a ship or ships registered in one or more of the following Australasian colonies, namely, the colonies on the continent of Australia and New Zealand and Tasmania.

Certificates of competency granted contrary to this regulation shall be regarded as improperly granted.

[The remainder of this Order, except the concluding paragraph, is, mutatis mutandis, the same as the corresponding portion of the Order relating to colonial certificates of competency granted by the Lieutenant Governor of Bengal, supra, p. 1.]

This Order shall take effect in the said Possession of Tasmania from and after the date hereof, and the same shall also apply to and take effect with respect to all such colonial certificates of competency existing at the date hereof, as shall have been granted in pursuance of the provisions of the "Merchant Ships' Officers Examination Acts, 1874 and 1878."

Consular
Fees.

Consular

Fees at Con

stantinople.

ORDER IN COUNCIL relating to Consular Fees chargeable with respect to
Vessels entering the Port of Constantinople and the Dardanelles.
At the Court at Windsor, the 22nd day of April, 1872:
Present, The Queen's most excellent Majesty in Council.
WHEREAS by the 4th section of the act of the 6th year of the reign of
King George the 4th, c. 87, intituled "An Act to regulate the payment of

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