A Compendium of the Law of Merchant Shipping

Certificates

And whereas it has been made to appear to her Majesty that such of competency modification and amendment are expedient, and that the said recited (New Zea

land).

Order in Council should be revoked, and a new Order in Council, modified and amended in manner aforesaid, 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 1st day of April, 1876, the said recited Order in Council of the 9th day of August, 1872, 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 certificate of competency granted thereunder prior to the said 1st day of April, 1876, and subsisting at that date. And her Majesty is further pleased,

(1.) To declare that the said colonial certificates of competency granted by the governor for the time being of the said possession of New Zealand shall be of the same force as if they had been granted under the said acts. (2.) To declare that all the provisions of the said acts which relate to 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; provided, however, that the foregoing exceptions shall not interfere with or suspend the operation of an act of the legislature of New Zealand, intituled The Merchant Shipping Acts Adoption Act, 1869" (32 & 33 Vict. No. 5.)

[The remainder of this Order, except the concluding paragraph, is, mutatis mutandis, the same as the corresponding portion of the Order relating to the grant of colonial certificates of competency by the minister of marine and fisheries in Canada, supra, p. 4.]

This Order shall take effect in the said possession of New Zealand from and after the 1st day of April, 1876, and shall apply not only to colonial certificates of competency granted under this Order, but to such as shall have been granted under the Order hereby revoked and be subsisting at the above date.

At the Court at Windsor, the 26th day of March, 1878: Present,-The Queen's most excellent Majesty in Council. WHEREAS by "The Merchant Shipping (Colonial) Act, 1869," it is (among of competency other things) enacted, that [Here follows a recital of the 32 Vict. c. 11, (Queensland). 8. 8.]

Certificates

And whereas the legislature of the British possession of Queensland has, by the Navigation Act, 1876, provided for the examination of and grant of certificates of competency for foreign 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 Certificates that, &c.: of competency

Now, therefore, her Majesty, in exercise of the powers vested in her by (Queensland) the said first recited act, by and with the advice and consent of her Privy Council, is pleased,

(1.) To declare that the said colonial certificates of competency granted by the marine board of the said possession of Queensland shall be of the same force as if they had been granted under the said acts.

This Order shall take effect in the said possession of Queensland from and after the date hereof, and shall be deemed to apply to and take effect with respect to all such colonial certificates of competency as shall have been granted as aforesaid since the 1st day of October, 1877.

At the Court at Windsor, the 12th day of February, 1876:

Present, The Queen's most excellent Majesty in Council. WHEREAS by "The Merchant Shipping (Colonial) Act, 1869," it is (among other thing) enacted that-[Here follows a recital of the 32 Vict. c. 11, s. 8.] And whereas the legislature of the British possession of South Australia has, by the "Marine Board Amendment Act, 1873," provided for the examination of and grants of certificates of competency for foreign ships to persons intending to act as masters, first mates, only mates, or second mates, or as first-class engineers or second-class 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, &c. :

And whereas her Majesty by Order in Council, dated the 12th day of May, 1874, has been pleased to declare that (subject to certain conditions and regulations therein contained) the said colonial certificates of competency granted by the marine board of the said possession of South Australia shall be of the same force as if they had been granted under the said acts relating to merchant shipping:

And whereas by the condition or regulation, numbered five, contained in the said recited Order in Council, it is provided that such colonial certificates of competency shall be granted only to persons who have been domiciled in the said possession of South Australia, or who have served in ships registered therein for a period of or for periods amounting to at least three years immediately preceding their applications for such colonial certificates, and that certificates of competency granted contrary to this regulation shall be regarded as improperly granted:

And whereas it has been represented to her Majesty in Council that the provisions of the said fifth condition or regulation in the said recited Order in Council of the 12th day of May, 1874, should be modified and amended so as to admit of domicile in or service in ships registered in any of the following Australasian colonies, viz., the colonies on the continent of Australia, and New Zealand, and Tasmania, forming part of the three years' domicile required under the said condition or regulation; and whereas it has been made to appear to her Majesty that such modification

Certificates of competency (South Aus

tralia).

Certificates and amendment are expedient, and that the said recited Order in Council of competency should be revoked and a new Order in Council, modified and amended in (South Ausmanner aforesaid, substituted in lieu thereof:

tralia).

Now, therefore, her Majesty, by and with the advice and consent of her Privy Council, doth hereby direct that from and after the 1st day of April, 1876, the said recited Order in Council of the 12th day of May, 1874, 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 certificate of competency granted thereunder prior to the said 1st day of April, 1876, and subsisting at that date.

And her Majesty is further pleased,—

1. To declare that the said colonial certificates of competency granted by the marine board of the said possession of South Australia shall be of the same force as if they had been granted under the said acts.

[The remainder of this Order, except the concluding paragraph thereof, is, mutatis mutandis, the same as the corresponding portion of the Order relating to the grant of colonial certificates of competency by the marine board of New South Wales, supra, p. 6.]

This Order shall take effect in the said possession of South Australia from and after the 1st day of April, 1876, and shall apply not only to colonial certificates of competency granted under this Order, but to such as shall have been granted under the Order hereby revoked and be subsisting at the above date.

At the Court at Windsor, the 17th day of May, 1876:

Present, The Queen's most excellent Majesty in Council.

Certificates WHEREAS by the "Merchant Shipping (Colonial) Act, 1869," it is (among of competency other things) enacted, that-[Here follows a recital of the 32 Vict. c. 11, (Tasmania). 8. 8.]

And whereas the legislature of the British possession of Tasmania has, by the "Merchant Ships Officers Examination Act, 1874," provided for the examination of and grant of certificates of competency for foreign 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, &c.:

And whereas her Majesty, by 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 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 relating to merchant shipping:

And whereas it has been represented to her Majesty in Council that the said recited Order in Council of the 12th day of February, 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 12th day of February, 1876, shall be and the same is hereby revoked.

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.

This Order shall take effect in the said possession of Tasmania from and after the date hereof, and shall be deemed to apply to and take effect with respect to all such colonial certificates of competency as shall have been granted as aforesaid since the 1st day of April, 1876.

Certificates

of competency (Tasmania).

At the Court at Windsor, the 12th day of February, 1876: 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 32 Vict. c. 11, s. 8.] And whereas the legislature of the British possessions of Victoria have provided for the examination of and grant of certificates of competency for the foreign trade to persons intending to act as masters, mates, or engineers on board British sea-going steam 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, &c.:

And whereas her Majesty, by Order in Council dated the 30th day of March, 1871, has been pleased to declare that (subject to certain conditions and regulations therein contained) the said colonial certificates of competency granted by the Steam Navigation Board of Victoria, appointed by the government of the said possession of Victoria, shall be of the same force as if they had been granted under the said acts relating to merchant shipping:

And whereas by the condition or regulation, numbered 5, contained in the said recited Order in Council, it is provided that such colonial certificates of competency shall be granted only to persons who have been domiciled in the said possession of Victoria, or who have served in ships registered therein, for a period of or for periods amounting to at least three years immediately preceding their application for such colonial certificates, and that certificates of competency granted contrary to this regulation shall be regarded as imp operly granted:

And whereas it has been represented to her Majesty in Council that the provisions of the said 5th condition or regulation in the said recited Order in Council of the 30th day of March, 1871, should be modified and amended so as to admit of domicile in or service in ships registered in any of the following Australian colonies, viz., the colonies on the continent of Australia, and New Zealand and Tasmania, forming part of the three years' domicile required under the said condition or regulation: And whereas it has been made to appear to her Majesty that such modification and amendment are expedient, and that the said recited Order in Council should be revoked and a new Order in Council, modified and amended in manner aforesaid, substituted in lieu thereof:

Nor, therefore, her Majesty, by and with the advice and consent of her Privy Council, doth hereby direct that from and after the 1st day of April, 1876, the said recited Order in Council of the 30th day of March, 1871, shall be and the same is hereby revoked; provided, however, that the

Certificates of competency (Victoria).

tralia).

Now, therefore, her Majesty, by and with the advice and consent of her Privy Council, doth hereby direct that from and after the 1st day of April, 1876, the said recited Order in Council of the 12th day of May, 1874, 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 certificate of competency granted thereunder prior to the said 1st day of April, 1876, and subsisting at that date.

And her Majesty is further pleased,

At the Court at Windsor, the 17th day of May, 1876: Present, The Queen's most excellent Majesty in Council. WHEREAS by the "Merchant Shipping (Colonial) Act, 1869," it is (among of competency other things) enacted, that-[Here follows a recital of the 32 Vict. c. 11, (Tasmania). 8. 8.]

Certificates

And her Majesty is further pleased,

1. To declare that the said colonial certificates of competency granted

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