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Merchants Shipping (Colonial), 1869.


Regulation of 4. After the commencement of this Act the legislature of a coasting trade by Colonial

British possession, by any Act or Ordinance, from time to time, legislature. may regulate the coasting trade of that British possession, subject

in every case to the following conditions :

1. The Act or Ordinance shall contain a suspending clause, providing that such Act or Ordinance shall not come into operation until Her Majesty's pleasure thereon has been publicly signified in the British possession in which it has been passed.

2. The Act or Ordinance shall treat all British ships (including the ships of any British possession) in exactly the same manner as ships of the British possession in which it is made.

3. Where by treaty made before the passing of this Act, Her Majesty has agreed to grant to any ships of any foreign state, any rights or privileges in respect of the coasting trade of any British possession, such rights and privileges shali be enjoyed by such ships for so long as Her Majesty has already agreed or may hereafter agree to grant the same, anything in the Act or Ordinance to the contrary notwithstanding

Sects, 328 and 5. The following sections of The Customs Consolidation Act, 163 of 16 and 17 Vict. c. 107 1853,” are hereby repealed, namely: repealed.

Section three hundred and twenty-eight, as from the commencement of this Act:

Section one hundred and sixty-three as from the date in the case of each British possession at which either an Act or Ordinance with respect to the coasting trade made within two years after the commencement of this Act, in such British possession comes into operation, or if there is no such Act or Ordinance, at which the said two years expire.


Rogistrars of 6. It shall be lawful for Her Majesty, by Order in Council, from Bricis ship time to time to declare, with respect to the British possession in British posses cions. mentioned in the order, the description of persons who are to be

registrars of British ships in that British possession, and to revoke any order so made ; after the date specified in the order, or, if no date is specified, after the date of the proclamation of the order in the British possession, the order shall have effect as if it were contained in section thirty of The Merchant Shipping Act, 1854.”


Merchants Shipping (Colonial), 1869.

7. In the construction of “ The Merchant Ship;ving Act, 1854,” Application of and of the Acts amending the same, Canada shall be deemed to Shipping Acts be one British possession.

to Canada,

8. Where the legislature of any British possession provides for Colonial certhe examination of, and grant of certificates of competency to tificates to

master, mates persons intending to act as masters, mates or engineers on board and engineers, British ships, and the Board of Trade reports to Her Majesty that they are satisfied that the examinations are so conducted as to be equally efficient as the examinations for the same purpose in the United Kingdom, under the Acts relating to Merchant Shipping, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under the said Acts, and are liable to be forfeited, for the like reasons and in the like manner, it shall be lawful for Her Majesty, by Order in Council,

1. To declare that the said certificates shall be of the same force as if they had been granted under the said Acts :

2. To declare that all or any of the provisions of the said Acts which relate to certificates of competency granted under those Acts shall apply to the certificates referred to in the said order:

3. To impose such conditions and to make such regulations with respect to the said certificates, and to the use, issue, delivery, cancellation and suspension thereof, as to Her Majesty may seem fit, and to impose penalties not exceeding fifty pounds for the breach of such conditions and regulations.

Upon the publication in the London Gazette of any such Order in Council as last aforesaid, the provisions therein contained shall, from a date to be mentioned for the purpose in such order, take effect as if they had been contained in this Act.

It shall be lawful for Her Majesty in Council to revoke any order made under this section.

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A, D. 1869.

An Act for authorizing a guarantee of a loan to be raised

a by Canada for a payment in respect of the transfer of Rupert's Land

[11th August, 1869.]

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cap. 105.

31 and 32 Vic.,

given for the Governor and Company of Adventurers of England trading into Hudson's Bay (in this Act referred to as the Hudson's Bay Company) to surrender, and for Her Majesty to accept a surrender of Rupert's Land (as therein defined) for the purpose of admitting the same into the Dominion of Canada :

And whereas an arrangement has been made for the surrender by the Hudson's Bay Company of Rupert's Land, and for the admission thereof into the Dominion of Canada :

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And whereas part of the terms of the said arrangement were the payment of three hundred thousand pounds to the Hudson's Bay Company by the Government of Canada :

And whereas the Government of Canada propose to raise the said sum of three hundred thousand pounds by way of loan, and it is expedient to authorize the Commissioners of Her Majesty's Treasury, in this Act referred to as the Treasury, to guarantee the interest of such loan:

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Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

1. This Act may be cited as “ The Cunada (Rupert's Land) Loun Act, 1869."

Short title.

Canada (Rupert's Land) Loan.

2. The Treasury may guarantee, in such manner and form as Power to they think fit, the payment of the interest, at a rate not exceeding Treasury to four per cent., on any principal money not exceeding the sum of guarantee loan three hundred thousand pounds sterling to be raised by way of loan by the Government of Canada for the purpose of the said payment to the Hudson's Bay Company.

3. The Treasury shall not give any guarantee under this Act, Conditions of unless and until provision is made by an Act of the Parliament of guarantee. Canada, or otherwise to the satisfaction of the Treasury.

1. For raising and appropriating the said loan :

2. For charging the consolidated revenue fund of Canada with the payment of the principal and interest of the said loan immediately after the charge of the loan for fortifications created by an Act of the Parliament of Canada of the year one thousand eight hundred and sixty-eight, chapter forty-one, or to be created by any subsequent Act in respect of sums paid out of the Consolidated Fund of the United Kingdom, on account of such last mentioned loan:

3. For payment by the Government of Canada of a sinking fund at the rate of one per centum per annum, on the entire amount of the said loan, and for charging the consolidated revenue fund of Canada with the payment of such sinking fund immediately after the principal and interest of the said loan :,

4. For charging the consolidated revenue fund of Canada with any sum issued out of the Consolidated Fund of the United Kingdom under this Act, with interest thereon at the rate of five per centum per annum immediately after the sinking fund of the said loan:

5. For payment of the money raised by the said loan to four trustees, nominated from time to time, two by the Treasury and two by the Government of Canada, and for the application of such money under the direction of those trustees :

6. For remitting to the Treasury the annual sums for the sinking fund by equal half yearly payments, in such manner as they from time to time direct, and for the investment and accumulation thereof under their direction in the names of four trustees nominated from time to time, two by the Treasury and two by the Government of Canada.

4. The said sinking fund may be invested only in such securities Application of as the Government of Canada and the Treasury from time to sinking fund. J time agree upon, and shall be applied from time to time, under


Canada (Rupert's Land) Loan.

the direction of the Treasury, in discharging the principal of the
said loan and the interest arising from such securities, and the
resulting income thereof shall be invested and applied as part of

such sinking fund.
Alteration of 5. Every Act passed by the Parliament of Canada which in
Act relating to

any way impairs the priority of the charge upon the consolidated loan.

revenue fund of Canada created by that Parliament of the said
loan and the interest and sinking fund thereof, and the sums paid
out of the Consolidated Fund of the United Kingdom and the
interest thereon, shall, so far only as it impairs such priority, be
void, unless such Act has been reserved for the signification of

Her Majesty's pleasure.
Issue out of 6. The Treasury are hereby authorized to cause to be issued
Consolidated from time to time, out of the growing produce of the Consolidated

Fund of the United Kingdom, such sums of money as may at any
time be required to be paid to fulfil the guarantee under this Act.

Certificate of 7. The Treasury may, from time to time certify to one of Her

out of Consoli. Majesty's principal Secretaries of State the amount which has
duted Fund. been paid out of the Consolidated Fund of the United Kingdom

to fulfil the guarantee under this Act, and the date of such pay-
ment; such certificate shall be communicated to the Governor of
Canada, and shall be conclusive evidence of the amount having

been so paid, and of the time when the same was so paid.
accounts to be 8. The Treasury shall cause to be prepared and laid before
laid before

both Houses of Parliament a statement of any guarantee given Parliament.

under this Act, and an account of all sums issued out of the Con-
solidated Fund of the United Kingdom for the purposes of this
Act, within one month after the same are so given or issued if
Parliament be then sitting, or if Parliament be not sitting, then
within fourteen days after the then next meeting of Parliament.

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