Merchants Shipping (Colonial), 1869. Regulation of coasting trade by Colonial legislature. Sects, 328 and 163 of 16 and COASTING TRADE. 4. After the commencement of this Act the legislature of a British possession, by any Act or Ordinance, from time to time, may regulate the coasting trade of that British possession, subject in every case to the following conditions: 1. The Act or Ordinance shall contain a suspending clause, providing that such Act or Ordinance shall not come into operation until Her Majesty's pleasure thereon has been publicly signified in the British possession in which it has been passed. 2. The Act or Ordinance shall treat all British ships (including the ships of any British possession) in exactly the same manner as ships of the British possession in which it is made. 3. Where by treaty made before the passing of this Act, Her Majesty has agreed to grant to any ships of any foreign state, any rights or privileges in respect of the coasting trade of any British possession, such rights and privileges shall be enjoyed by such ships for so long as Her Majesty has already agreed or may hereafter agree to grant the same, anything in the Act or Ordinance to the contrary notwithstanding. 5. The following sections of" The Customs Consolidation Act, 17 Vict. c. 107 1853," are hereby repealed, namely: repealed. Registrars of in British pos- Section three hundred and twenty-eight, as from the commencement of this Act: Section one hundred and sixty-three as from the date in the case of each British possession at which either an Act or Ordinance with respect to the coasting trade made within two years after the commencement of this Act. in such British possession comes into operation, or if there is no such Act or Ordinance, at which the said two years expire. MERCHANT SHIPPING. 6. It shall be lawful for Her Majesty, by Order in Council, from time to time to declare, with respect to the British possession mentioned in the order, the description of persons who are to be registrars of British ships in that British possession, and to revoke any order so made; after the date specified in the order, or, if no date is specified,-after the date of the proclamation of the order in the British possession, the order shall have effect as if it were contained in section thirty of The Merchant Shipping Act, 1854." Merchants Shipping (Colonial), 1869. Merchant 7. In the construction of "The Merchant Shipping Act, 1854," Application of and of the Acts amending the same, Canada shall be deemed to Shipping Acts be one British possession. to Canada. master, mates 8. Where the legislature of any British possession provides for Colonial certhe examination of, and grant of certificates of competency to tificates to persons intending to act as masters, mates or engineers on board and engineers. British ships, and the Board of Trade reports to Her Majesty that they are satisfied that the 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, it shall be lawful for Her Majesty, by Order in Council, 1. To declare that the said certificates shall be of the same force as if they had been granted under the said Acts: 2. To declare that all or any of the provisions of the said Acts which relate to certificates of competency granted under those Acts shall apply to the certificates referred to in the said order: 3. To impose such conditions and to make such regulations with respect to the said certificates, and to the use, issue, delivery, cancellation and suspension thereof, as to Her Majesty may seem fit, and to impose penalties not exceeding fifty pounds for the breach of such conditions and regulations. Upon the publication in the London Gazette of any such Order in Council as last aforesaid, the provisions therein contained shall, from a date to be mentioned for the purpose in such order, take effect as if they had been contained in this Act. It shall be lawful for Her Majesty in Council to revoke any order made under this section. A. D. 1869. 31 and 32 Vic., сар. 105. Short title. CHAP. CI. An Act for authorizing a guarantee of a loan to be raised by Canada for a payment in respect of the transfer of Rupert's Land. WHEREAS by [11th August, 1869.] WHEREAS by "The Rupert's Land Act, 1868," power was given for the Governor and Company of Adventurers of England trading into Hudson's Bay (in this Act referred to as the Hudson's Bay Company) to surrender, and for Her Majesty to accept a surrender of Rupert's Land (as therein defined) for the purpose of admitting the same into the Dominion of Canada: And whereas an arrangement has been made for the surrender by the Hudson's Bay Company of Rupert's Land, and for the admission thereof into the Dominion of Canada: And whereas part of the terms of the said arrangement were the payment of three hundred thousand pounds to the Hudson's Bay Company by the Government of Canada: And whereas the Government of Canada propose to raise the said sum of three hundred thousand pounds by way of loan, and it is expedient to authorize the Commissioners of Her Majesty's Treasury, in this Act referred to as the Treasury, to guarantee the interest of such loan: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Canada (Rupert's Land) "Loan Act, 1869." Canada (Rupert's Land) Loan. 2. The Treasury may guarantee, in such manner and form as Power to they think fit, the payment of the interest, at a rate not exceeding Treasury to four per cent.. on any principal money not exceeding the sum of guarantee loan three hundred thousand pounds sterling to be raised by way of loan by the Government of Canada for the purpose of the said payment to the Hudson's Bay Company. 3. The Treasury shall not give any guarantee under this Act, Conditions of unless and until provision is made by an Act of the Parliament of guarantee. Canada, or otherwise to the satisfaction of the Treasury. 1. For raising and appropriating the said loan: 2. For charging the consolidated revenue fund of Canada with the payment of the principal and interest of the said loan immediately after the charge of the loan for fortifications created by an Act of the Parliament of Canada of the year one thousand eight hundred and sixty-eight, chapter forty-one, or to be created by any subsequent Act in respect of sums paid out of the Consolidated Fund of the United Kingdom, on account of such last mentioned loan: 3. For payment by the Government of Canada of a sinking fund at the rate of one per centum per annum, on the entire amount of the said loan, and for charging the consolidated revenue fund of Canada with the payment of such sinking fund immediately after the principal and interest of the said loan:, 4. For charging the consolidated revenue fund of Canada with any sum issued out of the Consolidated Fund of the United Kingdom under this Act, with interest thereon at the rate of five per centum per annum immediately after the sinking fund of the said loan: 5. For payment of the money raised by the said loan to four trustees, nominated from time to time, two by the Treasury and' two by the Government of Canada, and for the application of such money under the direction of those trustees: 6. For remitting to the Treasury the annual sums for the sinking fund by equal half yearly payments, in such manner as they from time to time direct, and for the investment and accumulation thereof under their direction in the names of four trustees nominated from time to time, two by the Treasury and two by the Government of Canada. 4. The said sinking fund may be invested only in such securities Application of as the Government of Canada and the Treasury from time to sinking fund. 1 time agree upon, and shall be applied from time to time, under the Alteration of loan. Canada (Rupert's Land) Loan. the direction of the Treasury, in discharging the principal of the said loan and the interest arising from such securities, and the resulting income thereof shall be invested and applied as part of such sinking fund. 5. Every Act passed by the Parliament of Canada which in guaranteed any way impairs the priority of the charge upon the consolidated revenue fund of Canada created by that Parliament of the said loan and the interest and sinking fund thereof, and the sums paid out of the Consolidated Fund of the United Kingdom and the interest thereon, shall, so far only as it impairs such priority, be void, unless such Act has been reserved for the signification of Her Majesty's pleasure. Issue out of Certificate of amount paid 6. The Treasury are hereby authorized to cause to be issued from time to time, out of the growing produce of the Consolidated Fund of the United Kingdom, such sums of money as may at any time be required to be paid to fulfil the guarantee under this Act. 7. The Treasury may, from time to time certify to one of Her out of Consoli- Majesty's principal Secretaries of State the amount which has dated Fund. been paid out of the Consolidated Fund of the United Kingdom to fulfil the guarantee under this Act, and the date of such payment; such certificate shall be communicated to the Governor of Canada, and shall be conclusive evidence of the amount having been so paid, and of the time when the same was so paid. Accounts to be laid before Parliament. 8. The Treasury shall cause to be prepared and laid before both Houses of Parliament a statement of any guarantee given under this Act, and an account of all sums issued out of the Consolidated Fund of the United Kingdom for the purposes of this Act, within one month after the same are so given or issued if Parliament be then sitting, or if Parliament be not sitting, then within fourteen days after the then next meeting of Parliament. |