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

CHAP. VII] MERCHANT SHIPPING 1193 tion. It is, indeed, a more or less complete code and, prima facie, should regulate all British ships which are not registered or coasting in the Dominions. But to what extent can Dominion Parliaments add further conditions ? To what extent do the positive provisions laid down exclude other provisions being laid down by Dominion Parliaments ? For example, the Imperial Act does not provide for survey of non-passenger vessels. It is therefore doubtful whether the acceptance of provisions is to be regarded as forbidding such legislation, or whether it leaves it open for the Parlia- ment of the Commonwealth to require, as it does in the Navigation Bill, all steam vessels to be surveyed regularly. On grounds of convenience, it has been argued by merchant shippers in the United Kingdom that as long as they comply with the regulations laid down by the Board of Trade they should not be subject to other legislation, whether as to survey, the provision of appliances with regard to safety, the adjustment of compasses, and so forth. But it is not so clear, and in each case it is a matter for consideration on the wording of the legislation, whether such legislation is or is not repugnant to the Imperial Act. In some cases the repugnancy is clear but unimportant. For example, the Commonwealth Navigation Bill and the New Zealand Act confer on the minister and not on the Governor the power to allow a prosecution for sending a British ship to sea in an unworthy condition, while s. 457 of the Imperial Act clearly gives the power, and no doubt deliberately, to the Governor. The power, therefore, in cases other than those referring to registered or coasting vessels must be held to be given improperly to the minister, and this is a distinction of some consequence, for the Governor or the minister in a self-governing Colony are not necessarily synonymous. Or again, the New Zealand Act and the Commonwealth Bill transfer to the Dominion and the Commonwealth respectively the proceeds of wreck, which legally in part still belong to the Imperial Crown. Then again, part xi of the Act as to lighthouses apparently restricts the power of Colonial Legislatures to levy light dues, and the

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