Feb. 9.] THE NEW ZEALAND GAZETTE. 237

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 of the 10th section of “ The Merchant Shipping Act 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, and except so much of the third subsection 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 except the whole of the provisions of the fourth subsection of the same section, shall apply to such colonial certificates of competency: Provided, however, that in the case of New Zealand the foregoing exceptions shall not interfere with or suspend the operation of an Act of the Legislature of New Zealand intituled “ The Merchant Shipping Act Adoption Act, 1869 ” (32 and 33 Vict., No. 5) :

3. To impose and make the conditions and regulations set out in the Shcedule A hereto, 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 :

4. To revoke the conditions and regulations numbered 1 to 10 respectively set out in the Schedules to the said recited Orders in Council, and to substitute therefor the conditions and regulations set out in the Schedule A hereto, numbered 1 to 10 respectively, and to declare that, from and after the time when this order takes effect, the conditions and regulations set out in the Schedule A hereto shall apply to all colonial certificates that may have been or shall be hereafter granted as aforesaid :

5. To declare that this order shall take effect in each of the said possessions immediately it is published in the said possessions enumerated in the Schedule B hereto, and that all certificates granted in the said possession subsequently to the dates named in the Schedule B, and before this order comes into force, shall have the same effect, and be of the same value, and confer the same privileges on the holders thereof as if granted under this present order.

6. To direct that the said hereinbefore recited Orders in Council shall be revoked in each of the said possessions on the day on which this order takes effect therein, as provided in the preceding paragraph (5) hereof : Provided, however, that the revocation of the said Orders in Council shall not affect or invalidate any colonial certificate of competency previously granted thereunder, or affect the validity or invalidity of anything done under the said Orders in Council before this order takes effect.

C. L. PEEL.

———

SCHEDULE A.

CONDITIONS and REGULATIONS with respect to the USE, ISSUE, DELIVERY, CANCELLATION, and SUSPENSION of COLONIAL CERTIFICATES of COMPETENCY.

Interpretation clause.

In the construction, and for the purposes of these conditions and regulations, the following terms shall have the respective meanings hereinafter assigned to them, that is to say,—

“Colonial certificate of competency” shall mean a certificate of competency authorised to be granted by the legislative authority of a British possession to persons intending to act as masters, mates, or engineers of British ships, on similar principles and conditions as those granted under the Imperial Acts relating to merchant shipping :

“Authority” shall mean the Governor, Lieutenant-Governor, Administrator, head of the Government, Minister, Board, body, or corporation of or in any British possession for the time being authorised by the Legislature of such possession to grant colonial certificates of competency.

REGULATIONS AND CONDITIONS.

Form of certificate.

1. A colonial certificate of competency shall be on parchment, and as nearly as possible similar in shape and form to the corresponding certificate of competency for the foreign trade granted by the Board of Trade under the Acts relating to merchant shipping.

Name of possession to be inserted.

2. A colonial certificate of competency shall have the name of the British possession in which the same is granted inserted prominently on its face and back.

Certificates to be numbered consecutively.

3. The colonial certificates of competency granted in each British possession shall be numbered in consecutive order.

List of certificates granted, cancelled, &c., to be sent to Registrar-General of Seamen.

4. The authority in each British possession shall furnish the Registrar-General of Seamen in London from time to time with accurate lists of all such colonial certificates of competency as may be granted therein, or as may for any cause whatsoever be cancelled, suspended, renewed, or re-issued ; and shall also furnish him with duplicates of the applications for examination made by the persons to whom such certificates are granted.

Certificates to be granted only upon proof of service at sea.

5. A colonial certificate of competency shall be granted only upon proof that the previous service at sea of the person applying for the same has been such as is required by the regulations for the time being in force in the United Kingdom with respect to certificates of the like grade.

Certificates of competency granted contrary to this regulation, or upon any false, incorrect, or insufficient proof, certificate, or report of service, qualification, conduct, or character, shall be regarded as improperly granted.

Certificates not to be granted when former are cancelled.

6. A colonial certificate of competency shall not be granted to any person who may have had a certificate, whether granted by the Board of Trade or by the Government of a British possession, cancelled or suspended under the provisions of the said Acts, or of any Act or Ordinance for the time being in force in any part of Her Majesty’s dominions, unless the same is a certificate of a lower grade than the one so cancelled or suspended, and is issued upon the recommendation of the Court or authority which cancelled or suspended the original certificate, or unless the period of suspension has expired, or unless intimation has been received from the Board of Trade, or the authority by whom the cancelled or suspended certificate was originally granted, to the effect that no objection to the grant of such colonial certificate is known to exist, or unless a new certificate has been granted to him by such Board or authority ; and in the last-named event no such colonial certificate of competency shall be for a higher grade than the certificate so last granted as aforesaid.

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

Certificates improperly granted may be cancelled without formal investigation.

7. A colonial certificate of competency which appears, from information subsequently acquired or otherwise, to have been improperly granted, whether in the above or in any other respect, may be cancelled by the authority by which the same was granted, or by the Board of Trade in the United Kingdom, without any formal investigation under “ The Merchant Shipping Act, 1854; ” and the holder of such certificate shall thereupon deliver it to the Board of Trade or such authority, or as they or either of them may direct, and in default thereof shall incur a penalty not exceeding fifty pounds, which shall be recoverable in the same manner as penalties imposed by the Acts relating to merchant shipping are thereby made recoverable.

Cancellation, &c., of a certificate shall involve cancellation of all the other certificates possessed by its owner.

8. Every decision with respect to the cancellation or suspension of a certificate pronounced by any Board, Court, or tribunal under the provisions of the said Acts shall, unless otherwise directed, extend equally to all the colonial certificates at the time possessed by the person in respect of whom the decision is made, as well as to all certificates granted to him under any of the Acts relating to merchant shipping, and whether such certificates be specified in such decisions or not.

Certificates believed to be fraudulent may be demanded.

9. Any officer of the Board of Trade, or the Registrar-General of Seamen, or any of his officers, or a Superintendent of a Mercantile Marine Office, or a Consular Officer, or duly-appointed Shipping Officer in a British possession, may demand the delivery to him of any colonial certificate of competency which he has reason to believe has been improperly issued, or is forged, altered, cancelled, or suspended, or to which the person using it is not justly entitled, and may detain such certificate for a reasonable period for the purpose of making inquiries respecting such issue, forgery, alteration, cancellation, suspension, or possession ; and any person who, without reasonable cause, neglects or refuses to comply with such demand shall incur a penalty not exceeding twenty pounds or its equivalent in local currency, which shall be recoverable in the same manner as penalties imposed by the Acts relating to merchant shipping are thereby made recoverable.

Suspended certificates to be reissued only by colony by which originally granted.

10. A colonial certificate of competency which has from any cause been cancelled or suspended shall be renewed or reissued only by the authority by which the same was originally granted.