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

1322 ADMINISTRATION AND LEGISLATION [PART V The Merchant Shipping Act, 1894, confers, ratifying in this regard older Acts, full powers of legislation on Colonial Legislatures with regard to making regulations as to the examination of engineers, masters, or mates, and if the Board of Trade are satisfied with the rules thay may declare them to have the same effect in rendering certificates available as if they were the British rules; under this power (s. 102) Orders in Council have been issued for Canada, Newfoundland, and the Australian Colonies, now states, and New Zealand. It also empowers (s. 444) the Board of Trade to accept Colonial loadlines, and by Order in Council give them Imperial validity. The powers conferred in ss. 735 and 736 as to registered and coasting vessels have been dealt with above, and those as to inquiries into casualties will be mentioned later (Part VI, chap. ii). Other Acts which rest in the main on the need for extra- territorial validity include the Act of 1865, which renders valid throughout the Empire marriages contracted in a Colony and declared valid by an Act of the Legislature, pro- vided that the persons married were able to marry under English law at the time,! and the Act of 1860 2 which permits Colonial Legislatures to enact that if a person be feloniously smitten within a Colony and dies without he may be tried in the Colony where the offence was committed, though the offence did not become perfected by the death of the victim within the Colonial limits. Moreover, the Admiralty juris- diction of Colonial Courts and the power of the Legislatures to confer such jurisdiction depends on Imperial legislation ? to which reference will be made later. The Imperial Naturalization Act of 1870 deals with the matter imperially, partly because of the question of extra- territorial effect, partly because of the need of uniformity, partly because naturalization is essentially an Imperial concern. Some of its provisions have validity throughout ' 28 & 29 Vict, c. 64 ; Blackmore, Constitution of South Australia, p. 68. + 23 & 24 Viet. ¢. 122. Cf. jurisdiction given by the Foreign Jurisdiction Act, 1890, and British Settlements Act, 1887, 12 & 13 Viet. ¢. 96; cf. 46 Geo. IIL. ec. 54, and 53 & 54 Viet. c. 27.

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