794
THE NEW ZEALAND GAZETTE.
[No. 42

(e.) By the Marine Board of the Possession of New South Wales, from and after the 18th day of June, 1872, to persons intending to act as masters, first mates, or second mates, or as first-class engineers, or as second-class engineers on board British ships;

(f.) By the Marine Board of the Possession of South Australia, from and after the 12th day of May, 1874, to persons intending to act as masters, first mates, only mates, or second mates, or first-class engineers, or second-class engineers on board British ships;

(g.) By the Governor of the Possession of Tasmania, from and after the 1st day of April, 1876, to persons intending to act as masters, mates, or engineers on board British ships;

(h.) By the Lieutenant-Governor of the Possession of Bengal, from and after the 27th day of June, 1876, to persons intending to act as masters, mates, or engineers on board British ships;

(i.) By the Governor of the Possession of Newfoundland, from and after the 14th day of May, 1877, to persons intending to act as masters or mates on board British ships;

(k.) By the Governor of the Possession of Bombay, from and after the 11th day of July, 1877, to persons intending to act as masters, mates, or engineers on board British ships;

(l.) By the Marine Board of the Possession of Queensland, from and after the 1st day of October, 1877, to persons intending to act as masters, mates, or engineers on board British ships;

(m.) By the Governor of the Possession of Hongkong, from and after the 1st day of January, 1884, to persons intending to act as masters, mates, or engineers on board British ships;

(n.) By the Governor of the Possession of the Straits Settlements, from and after the 1st day of August, 1888, to persons intending to act as first-class engineers and second-class engineers of sea-going British ships;

(o.) By the Governor of the Possession of the Straits Settlements, from and after the 1st day of June, 1890, to persons intending to act as masters, first mates, and second mates of sea-going British ships;

(p.) By the Governor of the Possession of Mauritius, from and after the 1st day of January, 1891, to persons intending to act as masters, first mates, and second mates of sea-going British ships,

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 3rd subsection of the 23rd section of “The Merchant Shipping Act Amendment Act, 1862,” 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 4th subsection of the same section—shall apply to such colonial certificates of competency as are in paragraph 1 of this order referred to: 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); and provided that section 139 of “The Merchant Shipping Act, 1854,” and section 10 of “The Merchant Shipping Act Amendment Act, 1862,” shall, for the purpose of their application to such certificates of competency as aforesaid, be construed as not referring to the Board of Trade, but as referring to the authority mentioned in the interpretation clause of Schedule A to this order which granted the certificate which has been lost or is to be replaced:

3. To impose and make the regulations set out in the Schedule A hereto, numbered 1 to 12 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 regulations the penalties therein mentioned:

4. To revoke the conditions and regulations set out in the Schedules to the said recited Orders in Council, and to substitute therefor the regulations set out in the Schedule A hereto, numbered 1 to 12 respectively, and to declare that, from and after the time when this order takes effect, the regulations set out in the Schedule A hereto shall apply to all colonial certificates that may heretofore have been or shall be hereafter granted as aforesaid:

5. To declare that this order shall take effect in the said possessions respectively which are enumerated in the Schedule B hereto, immediately from and after the publication of this order in such possessions respectively, and that all certificates granted in the said possessions 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 after 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 to which the said Orders in Council apply, or affect the validity or invalidity of anything done under the said Orders in Council before this order takes effect or any obligation heretofore incurred.

7. A copy of this order shall forthwith, after the publication thereof in the London Gazette, be forwarded to the Governor, Lieutenant-Governor, Administrator, or head of the Government of each of the said enumerated possessions, who shall, immediately upon the receipt of such copy, publish this order; and the Secretary of State for the Colonies and the Secretary of State for India in Council are hereby required to take order in that behalf.

C. L. PEEL.

SCHEDULE A.
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 regulations, the following terms shall have the respective meanings hereinafter assigned to them, that is to say:—

“Colonial certificate of competency,” “colonial certificate,” shall mean a certificate of competency granted under the authority of the Legislature or legislative authority of one of the British possessions in Schedule B hereto mentioned, to persons intending to act or acting as masters, mates, or engineers of British ships.

“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 or legislative authority of such possession to grant colonial certificates of competency.

“Certificate” shall mean a certificate of competency.

Regulations.

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.

Lists 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 authority 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—

(i.) in accordance with Regulation No. 7;

(ii.) or 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;