Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAPTER VII MERCHANT SHIPPING THE question of merchant shipping is one in which the [Imperial Government has always been directly concerned. British shipping is not only of vital consequence to the country, and its treatment in the Colonies a subject on which the Imperial Government is entitled to make representations, but the treatment of foreign shipping is also a matter of concern, inasmuch as, apart from treaty rights, any action with regard to such shipping which may be considered unfair by foreign countries will unquestionably lead to retaliation on British shipping, without regard to the fact that the action taken may be confined to a portion only of the Empire. Originally it was the universal practice to keep in the hands of the Imperial Government all legislation regarding merchant shipping, but with the disappearance in 1849 of the system adopted in the Navigation Acts, greater liberty was accorded to the Colonies, and the Merchant Shipping Act of 1854,! which inaugurated the new system provided by s. 547— that the legislative authority of any British Possession shall have power by any Act or Ordinance confirmed by Her Majesty in Council to repeal wholly or in part any provisions of this Act relating to ships registered in such Possession ; but no such Act or Ordinance shall take effect until such approval has been declared in such Possession, or until such ' This Act as amended by an Act of 1862, 25 & 26 Vict. c. 63, gives Colonial Legislatures power to appoint courts of inquiry into incompetence of or misconduct by masters and mates, and to cancel or suspend certificates subject to review by the Board of Trade or appeal to the High Court in England. Hence the Victoria Passengers Harbour and Navigation Act, 1865. But in 1881 it was decided by the Supreme Court of Victoria in re Victoria Steam Navigation Board, ex parte Allan (7 V. L. R. 248) that the Victoria Board under that Act could not inquire into a charge of misconduct in the shape of a collision off Cape Jaffa in South Australia, and wider powers were therefore given by 45 & 46 Vict. c. 76 (now 57 & 58 Vict. c. 60, 5. 478) ; see Quick and Garran, Constitution of Commonwealth, pp. 359, 360.

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