2176
THE NEW ZEALAND GAZETTE.
[No. 75

Amendment Act, 1862,” it was enacted that, whenever it was made to appear to Her late Majesty that the rules concerning the measurement of tonnage of merchant ships for the time being in force under the principal Act had been adopted by the Government of any foreign country, and were in force in that country, it should be lawful for Her Majesty, by Order in Council, to direct that the ships of such foreign country should be deemed to be of the tonnage denoted in their certificates of registry or other national papers, and thereupon it should no longer be necessary for such ships to be re-measured in any port or place in Her Majesty’s dominions, but such ships should be deemed to be of the tonnage denoted in the certificates of registry or other papers, in the same manner, to the same extent, and for the same purposes, in, to, and for which the tonnage denoted in the certificates of registry of British ships was to be deemed the tonnage of such ships, and reciting that it had been made to appear to Her Majesty that the rules concerning the measurement of tonnage of merchant ships then in force under “The Merchant Shipping Act, 1854,” had been adopted by the President of the French Republic, and were in force in the French dominions, Her Majesty was thereby pleased, by and with the advice of her Privy Council, to direct that the ships of France the certificates of French nationality and registry of which were dated on or after the 1st day of June, 1873, should be deemed to be of the tonnage denoted in the said certificates of French nationality and registry:

And whereas “The Merchant Shipping Act Amendment Act, 1862,” was repealed by “The Merchant Shipping Act, 1894,” but by section 745 of the latter Act it is, amongst other things, provided that any Order in Council made under any enactment thereby repealed shall continue in force as if it had been made under the said Act of 1894:

And whereas by section 84 of “The Merchant Shipping Act, 1894,” it is enacted as follows:—

“84. (1.) Whenever it appears to Her Majesty the Queen in Council that the tonnage regulations of this Act have been adopted by any foreign country and are in force there, Her Majesty in Council may order that the ships of that country shall, without being remeasured in Her Majesty’s dominions, be deemed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a British ship is deemed to be the tonnage of that ship.

“(2.) Her Majesty in Council may limit the time during which the Order is to remain in operation, and make the Order subject to such conditions and qualifications (if any) as Her Majesty may deem expedient, and the operation of the Order shall be limited and modified accordingly.

“(3.) If it is made to appear to Her Majesty that the tonnage of any foreign ship, as measured by the rules of the country to which she belongs, materially differs from that which would be her tonnage if measured under this Act, Her Majesty in Council may order that, notwithstanding any Order in Council for the time being in force under this section, any of the ships of that country may, for all or any of the purposes of this Act, be remeasured in accordance with this Act”:

And whereas by section 30 of “The Interpretation Act, 1889,” it is enacted that in that Act, and in every other Act, whether passed before or after the commencement of that Act, references to the Sovereign reigning at the time of the passing of the Act, or to the Crown, shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and that Act shall be binding on the Crown:

And whereas it has been made to appear to His present Majesty that the tonnage of French ships as measured by the rules concerning the measurement of tonnage of merchant ships of France materially differs from that which would be the tonnage of such ships if measured under “The Merchant Shipping Act, 1894”:

Now, therefore, His Majesty in Council doth order that, notwithstanding the hereinbefore-recited Order in Council dated the 5th day of May, 1873, any of the ships of France may for all or any of the purposes of “The Merchant Shipping Act, 1894,” be remeasured in accordance with the said Act.

A. W. FITZROY.

AT THE COURT AT BUCKINGHAM PALACE,
The 29th day of January, 1904.

Present:

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by an Order in Council dated the 17th day of March, 1875, after reciting that by “The Merchant Shipping Act Amendment Act, 1862,” it was enacted that, whenever it was made to appear to Her late Majesty that the rules concerning the measurement of tonnage of merchant ships for the time being in force under the principal Act had been adopted by the Government of any foreign country, and were in force in that country, it should be lawful for Her Majesty, by Order in Council, to direct that the ships of such foreign country should be deemed to be of the tonnage denoted in their certificates of registry or other national papers, and thereupon it should no longer be necessary for such ships to be remeasured in any port or place in Her Majesty’s dominions, but such ships should be deemed to be of the tonnage denoted in their certificates of registry or other papers, in the same manner, to the same extent, and for the same purposes, in, to, and for which the tonnage denoted in the certificates of registry of British ships was to be deemed the tonnage of such ships, and reciting that it had been made to appear to Her late Majesty that the rules concerning the measurement of tonnage of merchant ships then in force under “The Merchant Shipping Act, 1854,” had been adopted by the Government of His Majesty the King of Spain, with the exception of a difference in the mode in certain steamers of estimating the allowance for engine-room, and such rules were then in force in that country, having come into operation on the 2nd day of December, 1874, Her Majesty was thereby pleased, by and with the advice of her Privy Council, to direct as follows:—

1. As regards sailing-ships, that merchant sailing-ships of the said Kingdom of Spain the measurement whereof, after the said 2nd day of December, 1874, had been ascertained and denoted in the registers and other national papers of such sailing-ships, testified by the date thereof, should be deemed to be of the tonnage denoted in such registers and other national papers, in the same manner, and to the same extent, and for the same purpose, in, to, and for which the tonnage denoted in the certificate of registry of British sailing-ships was deemed to be the tonnage of such ships.

2. As regards steamships, that merchant ships belonging to the said Kingdom of Spain which were propelled by steam or any other power requiring engine-room, the measurement whereof should, after the said 2nd day of December, 1874, have been ascertained and denoted in the registers and other national papers of such steamships, testified by the dates thereof, should be deemed to be of the tonnage denoted in such registers or other national papers, in the same manner, and to the same extent, and for the same purpose, in, to, and for which the tonnage denoted in the certificate of registry of British ships was deemed to be the tonnage of such ships: Provided, nevertheless, that if the owner or master of any such Spanish steamship desired the deduction for engine-room in his ships to be estimated under the rules for engine-room measurement and deduction applicable to British ships instead of under the Spanish rule, the engine-room should be measured and the deduction calculated according to the British rules:

And whereas “The Merchant Shipping Act Amendment Act, 1862,” was repealed by “The Merchant Shipping Act, 1894,” but by section 745 of the latter Act it is, amongst other things, provided that any Order in Council made under any enactment thereby repealed shall continue in force as if it had been made under the said Act of 1894:

And whereas by section 84 of “The Merchant Shipping Act, 1894,” it is enacted as follows:—

“84. (1.) Whenever it appears to Her Majesty the Queen in Council that the tonnage regulations of this Act have been adopted by any foreign country, and are in force there, Her Majesty in Council may order that the ships of that country shall, without being remeasured in Her Majesty’s dominions, be deemed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a British ship is deemed to be the tonnage of that ship.

“(2.) Her Majesty in Council may limit the time during which the Order is to remain in operation, and make the Order subject to such conditions and qualifications (if any) as Her Majesty may deem expedient, and the operation of the Order shall be limited and modified accordingly.

“(3.) If it is made to appear to Her Majesty that the tonnage of any foreign ship, as measured by the rules of the country to which she belongs, materially differs from that which would be her tonnage if measured under this Act, Her Majesty in Council may order that, notwithstanding any Order in Council for the time being in force under this section, any of the ships of that country may, for all or any of the purposes of this Act, be remeasured in accordance with this Act”:

And whereas by section 30 of “The Interpretation Act, 1889,” it is enacted that in that Act, and in every other Act, whether passed before or after the commencement of that Act, references to the Sovereign reigning at the time of the passing of the Act, or to the Crown, shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and that Act shall be binding on the Crown: