Images de page
PDF
ePub

of the ship which remains after deducting from the gross tonnage any deductions allowed under section 79 of the principal Act: Provided that

(a) This section shall not apply to steam-ships constructed for the purpose of towing vessels so long as they are exclusively employed as tugs, but if and when employed for the carriage of passengers, cargoes, or stores, or using graving docks or dry docks, or places provided for the repairing of vessels, the register tonnage on which dues based on register tonnage may be levied by any harbour or dock authority shall be ascertained in manner provided by the Merchant Shipping Acts, 1894 to 1906, as amended by this Act; and

(b) This section shall not come into operation until the 1st day of January, 1914, in the case of the following ships (in this Act referred to as existing ships), namely, ships constructed, or the construction of which has been commenced, before the 1st day of May, 1907, and ships a contract for the construction of which has been made before the 1st day of May, 1907, though the construction has not actually commenced before that date.

2. Nothing in this Act shall affect any power which any dock or harbour authority have under any Act or Order confirmed by Parliament or having the effect of an Act of Parliament to charge tonnage rates, dues, or charges otherwise than on registered or register tonnage.

3.-(1) Where, in ascertaining the tonnage of an existing ship, a deduction has been made for the space occupied by the propelling power of the ship greater than the maximum deduction allowed under this Act, the tonnage of the ship shall, before the date on which this Act comes into operation as respects that ship, be recalculated on the basis of allowing the maximum deduction under this Act instead of that previously allowed, and the necessary alteration of the particulars and certificate of the registry of the ship shall be made and shall take effect on that date.

(2) The registrar of every port of registry shall make any alteration in the particulars of the registry of any ship registered at that port which is required for the purposes of this section, and shall send notice of the alteration so made to the managing owner of the ship.

(3) The managing owner of the ship, on the receipt of any such notice of alteration, shall forthwith transmit the notice to the master of the ship, and the master of the ship on receipt of the notice shall produce it to the registrar of the port at which the ship is when the notice is received, if that port is a port having a registrar, and if not to the registrar of the first port having a registrar at which the ship arrives after the notice is received, and the registrar shall alter the certificate of registry of the ship in accordance with the notice.

(4) If the managing owner or master of a ship fails to comply

with the provisions of this section, the managing owner or master, as the case may be, shall be liable on summary conviction, in respect of each offence, to a fine not exceeding fifty pounds.

(5) The expression" managing owner" in this section includes any person registered under section 59 of the principal Act in cases where there is no managing owner.

4. This Act may be cited as the Merchant Shipping Act, 1907, and shall be construed as one with the principal Act, and the Merchant Shipping Acts, 1894 to 1906, and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1907.

BRITISH INSTRUCTIONS to Consular Officers regulating the Registration of British Subjects in foreign Countries. -London, October, 1907.

Registration of British Subjects.

THE following instructions are primarily addressed only to His Majesty's Representatives in those countries where registration is voluntary, but they should also be followed in countries where registration is rendered compulsory by an Order in Council under the Foreign Jurisdiction Act,† except so far as they are inconsistent with its provisions. Where there is any such inconsistency the stipulations of the Order in Council must prevail :1. A register of British subjects is to be kept at all ConsulatesGeneral and Consulates, and at such Vice-Consulates and Consular Agencies as may be directed.

2. The register is to be in the form of annex 1 to this chapter, but further details may be added should the Consular officer consider such information desirable.

3. A British subject should be registered in the register of the Consular district wherein he resides, but if some other Consular office is more easy of access from his place of residence, he may be registered there.

4. If a British subject who is registered at any Consular office changes his residence from one Consular district into another in the same foreign country, his name should remain on the register of the former, and he should not be registered in the latter.

5. An applicant for registration should be required to fill up a declaration in the form of annex 2 to this chapter.‡

6. No person is to be registered unless his claim to registration has been established to the satisfaction of the Consul.

*Chapter XXVII of British "Consular Instructions."

+ Vol. LXXXII, page 656.

‡ No fee should be charged for the declaration required under section 5.

7. British-protected persons should be registered in the register of British subjects, but the fact that they are British-protected. persons should be noted in the last column of the register.

8. In the case of persons of European descent, the applicant, unless known to the Consular officer, should produce proof, similar to that required from applicants for a passport, that he is a British subject by letter certifying to his identity and British nationality from some known and responsible person, or by satisfactory evidence of some other description.

9. Where British nationality is claimed under the statute 4 Geo. II, cap. 21,* i.e., on the ground that claimant's father was a natural-born British subject, though the claimant was born abroad, the following evidence should be required :

(a) A certificate of the birth of the applicant.

(b) The marriage certificate of his parents.

(c) The birth certificate of the father.

10. Where the nationality is claimed by descent from the paternal grandfather under the statute 13 Geo. III, cap. 21,† evidence in addition to that in paragraphs (a), (b), and (c) above should be required as to

(d) The marriage of the paternal grandparents.

(e) The birth of the paternal grandfather within the British dominions.

11. In the case of persons of Asiatic or West Indian descent, or of natives of Africa, the following evidence may in general be considered sufficient :

(a) A passport or certificate of British nationality issued to the applicant as a British subject in British India or British possessions or by a British Consular officer; or

(b) A birth certificate showing that he was born within His Majesty's dominions, or a certificate of naturalization in the United Kingdom; and

(c) In either of the above cases such further evidence of identity as the Consular officer may think satisfactory.

Where the passport referred to in (a) has been issued more than six months, the Consul may, if he thinks fit, require evidence from the applicant that he has not changed his nationality.

12. Natives of British Protectorates, or of the territories of any Prince or State in India under the suzerainty of or in alliance with His Majesty, must produce a passport issued by His Majesty's Representative in their own country, together with evidence of identity if the Consular officer thinks necessary.

13. Natives of Cyprus are not entitled to British protection. in the Ottoman Dominions, nor are natives of Wei-hai Wei entitled to British protection in China, and if registered in the Ottoman Empire or in China respectively a note should be made that they are not entitled to protection.

* Vol. LXVII, page 170.

† Vol. LXVII, page 172.

14. Where a person who is registered as a British subject applies to a Consular officer for protection, and the Consular officer thinks there is reason to believe that he is also a subject or citizen of the country in which he is resident, he may require him to produce evidence that by the local law he is not a subject or citizen of that country.

15. A British subject who is possessed of double nationality is entitled to registration in a foreign country as a British subject, whether that country be his country of origin or the country of his second nationality, or some other foreign country; but he is not entitled to British protection while in the foreign country of which he is also a subject or citizen.

16. A British subject of double nationality is entitled to British protection in a third State whatever his country of origin or second nationality.

17. In countries such as the States of South and Central America all British subjects should be encouraged to register themselves on arrival.

18.-(1) Every adult member of a family should be registered should he or she so desire.

(2) Children should be registered should their father (mother or guardian) so desire, and, if registered, each child should be registered separately.

19. A certificate of registration in the form of annex 3 to this chapter may be given on application, and on payment of Fee No. 69 (2s. 6d.), to any person who is registered as a British subject.

No fee is to be charged for the registration itself, where such registration is not compulsory under Order in Council.

20. A note should be made on all certificates of registration issued to British subjects who possess double nationality that the certificate does not entitle the holder to British protection in his country of origin.

21. Should it be found desirable, in view of local requirements, to add to a certificate any further details, such as the date and place of birth of the British subject to whom it is issued, such additions may be made by the Consular officer who issues the certificate.

22. The certificate should be translated into the language of the country in which it is issued, and the translation should be handed to the applicant, no further charge being made. It is desirable that regular printed forms should be provided for that purpose.

23. In cases where the Consular officer feels any doubt whether the applicant is entitled to registration, he should refer the matter to the Secretary of State for instructions.

24. Passports and certificates of registration granted before the issue of these instructions need not be accepted as conclusive evidence of British nationality.

25. The name of any registered British subject may be removed by the Consular officer if he is satisfied that the person has ceased to be a resident in that country, or is dead, or has lost his British nationality.

[Annexes Nos. 1-3 not printed.]

BRITISH PROCLAMATION declaring that the Colony of New Zealand shall be called and known by the title of the Dominion of New Zealand.-London, September 9, 1907.*

EDWARD R. & I.

WHEREAS We have on the Petition of the Members of the Legislative Council and House of Representatives of Our Colony of New Zealand determined that the title of the Dominion of New Zealand shall be substituted for that of the Colony of New Zealand as the designation of the said Colony, We have therefore by and with the advice of Our Privy Council thought fit to issue this Our Royal Proclamation, and We do ordain, declare, and command that on and after the 26th day of September, 1907, the said Colony of New Zealand and the territory belonging thereto shall be called and known by the title of the Dominion of New Zealand. And We hereby give our Commands to all Public Departments accordingly.

Given at Our Court at Buckingham Palace, this 9th day of September, in the year of our Lord, 1907, and in the 7th year of Our Reign.

God save the King.

BRITISH LETTERS PATENT constituting the Office of Governor and Commander-in-Chief of the Dominion of New Zealand.-Westminster, November 18, 1907.

EDWARD the Seventh, by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India To all to whom these Presents shall come, Greeting.

Whereas, by certain Letters Patent, under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the 21st day of February, 1879, Her late Majesty Queen Victoria did constitute, order, and declare that "London Gazette," September 10, 1907.

« PrécédentContinuer »