Legislation and Orders




204
THE NEW ZEALAND GAZETTE.

  1. In the application of this Act to Scotland,—
    The provision with respect to a prosecution not
    being instituted except by or with the consent of the
    Board of Trade shall not apply.
    "Judge of a County Court" shall be deemed to
    include a Sheriff and Sheriff substitute, and
    "Registrar of a County Court" shall be deemed
    to include Sheriff Clerk, and
    "A Master of the Supreme Court of Judicature"
    shall mean the Queen's and Lord Treasurer's
    Remembrancer.

  2. In the application of this Act to Ireland,—
    "Judge of a County Court" shall be deemed to
    include "Chairman of a County" and "the
    Recorder of any Borough;"
    "Registrar of a County Court" shall be deemed
    to include the Clerk of the Peace or Registrar
    or other person discharging the duties of
    Registrar of the Court, of the Chairman of a
    County, or the Recorder of a Borough;
    "Stipendiary Magistrate" shall be deemed to
    include any of the Justices of the Peace in
    Dublin metropolis and any Resident Magis-
    trate; and
    "A Master of the Supreme Court of Judicature"
    shall mean one of the Masters of the Superior
    Courts of Common Law in Ireland.

  3. In the application of this Act to the Isle of
    Man,—
    "Judge of a County Court" shall mean the
    Water Bailiff;
    "Stipendiary Magistrate" shall mean a High
    Bailiff;
    "Registrar of a County Court" shall mean a
    Clerk to a Deemster or a Clerk to Justices of
    the Peace;
    "A Master of the Supreme Court of Judicature"
    shall mean the Clerk of the Rolls.

  4. Nothing in this Act shall apply to any vessel
    employed exclusively in trading or going from place
    to place in any river or inland water of which the
    whole or part is in any British possession, and the
    provisions of this Act relating to deck cargo shall
    not apply to deck cargo carried by a ship while en-
    gaged in the coasting trade of any British possession.

Repeal.

  1. On and from the commencement of this Act,
    the Acts specified in the first part of the Schedule
    hereto, and on and from the first day of January, one
    thousand eight hundred and seventy seven, the Acts
    specified in the second part of the Schedule hereto,
    shall be repealed to the extent in the third column of
    that Schedule mentioned: Provided that any officer
    appointed in pursuance of any such enactment shall
    be deemed to have been appointed under this Act,
    and any Order in Council made in pursuance of any
    such enactment shall be deemed to have been made
    under this Act, and this repeal shall not affect—
    (1.) Anything done or suffered under any enact-
    ment hereby repealed; nor
    (2.) Any right, power, duty, obligation, or lia-
    bility acquired, imposed, accrued, or incurred
    under any enactment hereby repealed; nor
    (3.) Any penalty or punishment incurred in
    respect of any offence against any enactment
    hereby repealed; nor
    (4.) Any legal proceeding in respect of any
    such right, power, duty, obligation, liability,
    penalty, or punishment; and any such legal
    proceeding may be carried on as if this Act
    had not passed.

SCHEDULE.
PART I.
ENACTMENTS REPEALED FROM COMMENCEMENT OF
ACT.

Session and Chapter Title. Extent of Repeal.
17 & 18 Vict. c. 104 The Merchant Shipping Act, 1854 Sub-section (4) of section three hundred and one; so much of section three hundred and eighteen as requires the owner of a ship to transmit the declarations therein mentioned; section four hundred and thirty-four; and section four hundred and thirty-seven from "and in case he so requires" inclusive to the end of section; and section four hundred and forty-nine.
34 & 36 Vict. c. 110 The Merchant Shipping Act, 1871 Section eleven.
36 & 37 Vict. c. 85 The Merchant Shipping Act, 1873 Sections eleven, twelve, thirteen, and fourteen.
38 & 39 Vict. c. 88. The Merchant Shipping Act, 1875 The whole Act.

PART II.
ENACTMENTS REPEALED FROM 1ST JANUARY, 1877.

Session and Chapter. Title. Extent of Repeal.
17 & 18 Vict. c. 104 The Merchant Shipping Act, 1854 Sub-section (2) of section four hundred and sixteen.
25 & 36 Vict. c. 73 The Merchant Shipping Act, 1872 Section fourteen.

[CIRCULAR.]

Downing Street, 8th November, 1876.

SIR,—I have the honor to transmit to you for your
information, and for publication in the Colony under
your Government, a copy of an Order of Her Majesty
in Council dated the 23rd October, 1876, providing for
the apprehension of Deserters from Merchant Ships
belonging to the Kingdom of Hawaii, under "The
Foreign Deserters Act, 1852."

The Officer Administering
the Government.

I have, &c.,
CARNARVON.

At the Court at Balmoral, the 23rd day of October,
1876.

Present:
THE QUEEN'S MOST EXCELLENT MAJESTY IN
COUNCIL.

WHEREAS by "The Foreign Deserters Act,
1852," it is provided that whenever it is made
to appear to Her Majesty that due facilities are or
will be given for recovering or apprehending seamen
who desert from British merchant ships in the terri-
tories of any Foreign Power, Her Majesty may, by
Order in Council, stating that such facilities are or
will be given, declare that seamen, not being slaves,
who desert from merchant ships belonging to such
power when within Her Majesty's dominions shall be



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1877, No 18





✨ LLM interpretation of page content

🏭 Provisions of Merchant Shipping Acts (Sections 34 to 40) (continued from previous page)

🏭 Trade, Customs & Industry
Merchant Shipping Act, Scotland, Ireland, Isle of Man, Repeals, deck cargo, definitions

🏭 Order in Council for Apprehension of Deserters from Hawaiian Merchant Ships

🏭 Trade, Customs & Industry
8 November 1876
Foreign Deserters Act 1852, Order in Council, Hawaii, Deserters, Apprehension
  • CARNARVON