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 1205 Act provided for an addition to the wages of the crew, to be enforced not by suit in the Courts but by the action of the Collector of Customs in refusing a clearance. So that So interpreted there was no real discrepancy between the Dominion and the Imperial Acts. On the other hand, Edwards J. held that s. 75 was ultra vires as conflicting with S. 166 of the Imperial Act, and that therefore a seaman was neither entitled to extra, wages, nor could he sue for them, nor could the Collector of Customs refuse a clearance. He tecognized that there was a difference between ships registered in Victoria and ships registered in the United Kingdom, and that, strictly speaking, the provisions of a New Zealand Act could not be repugnant to those of a, Victorian Act, but he relied on the argument that if a distinction were made in the treatment of ships registered in the United Kingdom, and of ships registered in Victoria, the purpose of s. 736 of the Imperial Act, which requires that vessels should be treated alike wherever registered, would be defeated, and therefore that s. 756 must not be held to apply to vessels registered in Victoria. He called attention also to the unfairness of the position which would result from enforcing s. 75. In several cases the wages under the articles were greater than those payable in New Zealand, and yet the owners could not reduce the wages on that ground, whereas they were required to increase the wages in the cases in which they were not equal to those payable in New Zealand. It is not exactly easy to follow the judgement of the majority of the Court. They were not apparently willing to claim that the power of regulating the coasting trade conferred upon the New Zealand Parliament by s. 736 of the Imperial Act of 1894 extended to altering a provision of the Imperial Act. On the other hand, they held that the New Zealand Parliament could completely alter the effect of the Imperial Act by changing the rate of wages of a sea~ man engaged for a voyage which was to terminate in the United Kingdom, by giving him a right to recover in the New Zealand Courts, or by the action of the New Zealand Marine Department, the difference between the wages

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