Legislative Council (Canada.) II. As soon as the Constitution of the Legislative Council of Provisions of the Province of Canada shall have been altered under such Act former Acts or Acts so assented to by Her Majesty as aforesaid, all Provi- of Parliament sions of the said recited Act of Parliament of the Third and to apply to the new LegislaFourth Years of Her Majesty, Chapter Thirty-five, and of any tive Council. other Act of Parliament now in force relating to the Legislative Council of Canada, shall be held to apply to the Legislative Council so altered, except so far as such Provisions may have been varied or repealed by such Act or Acts of the Legislature of Canada so assented to as aforesaid. the Provisions III. It shall be lawful for the Legislature of Canada from Power to the Time to Time to vary and repeal all or any of the Provisions Legislature of of the Act or Acts altering the Constitution of the said Canada tovary Legislative Council: Provided always, that any Bill for any of the Act or such Purpose which shall vary the Qualification of Councillors, Acts constitutor the Duration of Office of such Councillors, or the Power of ing the new the Governor to dissolve the Council or Assembly, shall be Council; Legislative reserved by the Governor for the Signification of Her Majesty's Pleasure in manner aforesaid. cation of IV. It shall be lawful for the Legislature of Canada by any and to vary, Act or Acts reserved for the Signification of Her Majesty's &c. the ProPleasure, and whereto Her Majesty shall have assented as perty Qualifiherein-before provided, to vary or repeal any of the Provisions Members of of the recited Act of Parliament of the Third and Fourth Years Assembly. of Her Majesty which relate to the Property Qualification of Members of the Legislative Assembly. V. So much of the Twenty-sixth Section of the said recited Proviso in Act of Parliament as provides that it shall not be lawful to pre- Section 26, of sent to the Governor of the Province of Canada for Her Majesty's 3 & 4 Vict. Assent any Bill of the Legislative Council and Assembly of c. 35, repealed. the said Province by which the Number of Representatives in the Legislative Assembly may be altered unless the Second and Third Reading of such Bill in the Legislative Council and the Legislative Assembly shall have been passed with the Concurrence of Two Thirds of the Members for the Time being of the said Legislative Council, and of Two Thirds of the Members for the Time being of the said Legislative Assembly respectively, and that the Assent of Her Majesty shall not be given to any such Bill unless Addresses shall have been presented by the Legislative Council and the Legislative Assembly respectively to the Governor stating that such Bill has been so passed, is hereby repealed. Section 42, of VI. The Forty-second Section of the said recited Act of Parliament, providing that in certain Cases Bills of the Legis- 3 & 4 Vict. lative Council and Assembly of Canada shall be laid before c. 35. repealed. both Interpretation of Terms. Legislative Council (Canada.) both Houses of Parliament of the United Kingdom, is hereby repealed; and, notwithstanding anything in the said Act of Parliament or in any other Act of Parliament contained, it shall be lawful for the Governor to declare that he assents in Her Majesty's Name to any Bill of the Legislature of Canada, or for Her Majesty to assent to any such Bill if reserved for the Signification of Her Pleasure thereon, although such Bill shall not have been laid before the said Houses of Parliament; and no Act heretofore passed or to be passed by the Legislature of Canada shall be held invalid or ineffectual by reason of the same not having been laid before the said Houses, or by reason of the Legislative Council and Assembly not having presented to the Governor such Address as by the said Act of Parliament is required. VII. That in this Act the Word "Governor " is to be understood as comprehending the Governor, and in his Absence the Lieutenant Governor, or Person authorized to execute the Office or the Functions of the Governor of Canada. CAP. CXX. An Act to repeal certain Acts and Parts of Acts relating to Merchant Shipping, and to continue certain Provisions in the said Act. W [11th August, 1854.] HEREAS by "The Merchant Shipping Act, 1854" the Acts relating to Merchant Shipping are amended and consolidated, and it is expedient to repeal certain Acts and Parts of Acts relating to Merchant Shipping, and to make temporary Provisions with respect to certain of the Matters referred to in the said Acts: Be it therefore 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 Preliminary. same, as follows: Short Title of Interpretation of Terms in this Act. Commence I. This Act may be cited for all Purposes as "The Merchant Shipping Repeal Act, 1854." II. In the Construction and for the Purposes of this Act the Interpretation of Terms contained in "The Merchant Shipping Act, 1854," shall be considered as incorporated with and forming Part of this Act. III. With the exception of such Provisions of this Act as are ment of Act. hereinafter expressly stated to be intended to come into operation immediately after the passing thereof, this Act shall come into operation at the same Time as the Merchant Shipping Act, 1854. Merchant Shipping Acts Repeal. 1854 IV. There shall be hereby repealed The several Acts and Parts of Acts set forth in the First Schedule hereto, to the Extent to which such Acts or Parts of Acts are therein expressed to be repealed, and all such Provisions of any other Acts or of any Charters, and all such Laws, Customs, and Rules as are inconsistent with the Provisions of the Merchant Shipping Act, 1854: Provided that such Repeal shall not affect (1.) Any Provisions contained in the Act of the Seventh Year of His late Majesty King William the Fourth, Chapter Seventy-nine, as to Title, Application of Purchase Money, or borrowing Money, and having relation to the Power of purchasing Lighthouses given to the Trinity House by the same Act: (2.) Any Security duly given before this Act comes into operation: (3.) Any Thing duly done before this Act comes into opera tion : (4.) Any Liability accruing before this Act comes into opera tion : (5.) Any Penalty, Forfeiture, or other Punishment incurred or to be incurred in respect of any Offence committed before this Act comes into operation: (6.) The Institution of any Investigation or legal Proceeding or any other Remedy for ascertaining, enforcing or recovering any such Liability, Penalty, Forfeiture, or Punishment as aforesaid: (7.) Any Appointment, Byelaw, Regulation, or Licence duly made or granted under any Enactment hereby repealed, and subsisting at the Time when this Act comes into operation; and the same shall continue in force, but shall be subject to such Provisions of the Merchant Shipping Act, 1854, as are applicable thereto respectively. Repeal of Acts mentioned in Schedule. V. The Local Marine Boards, the Members of which have Continuation been appointed or elected under the Mercantile Marine Act, of Local Ma1850, shall continue to act until the Fourth Day of February rine Boards. One thousand eight hundred and fifty-seven, or until other Boards have been constituted in lieu thereof in pursuance of the Provisions of Merchant Shipping Act, 1854. Constructionof Merchant Shipping Acts Repeal. 1854 VI. The Fourth and Ninth Sections of "The Pilotage Law Sections 4 and Amendment Act, 1853," shall be construed as if the Fifth Part of "The Merchant Shipping Act, 1854," were therein referred to, in lieu of the Act of the Sixth Year of King George the Fourth, Chapter One hundred and twenty-five. 9 of the Pilotage Law Amendment Act, 1853. Expenses of Life Boats, &c. may be charged on Mercantile VII. The Board of Trade may, ont of the Mercantile Marine Fund, direct Payment to be made of such Expenses for establishing and maintaining on the Coasts of the United Kingdom proper Life Boats, with the necessary Crews and EquipMarine Fund. ments, and for affording Assistance towards the Preservation of Life and Property in Cases of Shipwreck and Distress at Sea, and for the granting Rewards for the Preservation of Life in such Cases, as it thinks fit; and this Section shall come into operation immediately after the passing of this Act. Existing Liabilities on Mercantile Marine Fund continued. Provision as to Wages, &c. received before 1852. VIII. Nothing in the Merchant Shipping Act, 1854, or in this Act, contained shall operate to prevent the Exercise of the Powers contained in the Twelfth and Sixteenth Sections of the Merchant Shipping Law Amendment Act, 1853, of paying the Debts, Liabilities, and Expenses therein mentioned out of the Mercantile Marine Fund; And whereas it was arranged that a Sum to be ascertained by the Calculation of Actuaries should before the said last-mentioned Act came into operation be paid by the Trinity House out of the Cash Balances then in their Hands for the Purpose of supplying a Deficiency in the Funds of the Cinque Ports Pilots, and of indemnifying the Funds of the Trinity House Pilots against any Loss consequent upon the Settlements to be made under the Pilotage Law Amendment Act, 1853 And whereas when the Merchant Shipping Law Amendment Act, 1853, came into operation, the said Calculation was not completed: Be it enacted, That such Payment may, with the Consent of the Board of Trade, be made by the Trinity House in the same Manner as Payment of the Debts, Liabilities, and Expenses referred to in the said Twelfth Section of the said last-mentioned Act; and this Section shall come into operation immediately after the passing of this Act. IX. All Monies arising from any Wages and Effects of deceased Seamen or Apprentices to the Sea Service which were received before the First Day of January One thousand eight hundred and fifty-two shall be applied in the same Manner as c. 102, s. 31. if the same had been received under the Provisions of "The Merchant Shipping Act, 1854." 14 & 15 Vict. Receiver General to conform to X. The Receiver General of Droits of Admiralty shall, as to all Things to be done by him in virtue of his Office, conform to Directions of all lawful Directions given for that Purpose by the Board of Trade; and on a Vacancy occurring in his Office no Successor shall Merchant Shipping Acts Repeal. shall be appointed, but thereupon all Powers and Privileges Board of vested in such Receiver General shall be transferred to the Trade. Board of Trade; and this Section shall come into operation immediately after the passing of this Act. XI. Receivers appointed by the said Receiver General under Powers of the Act of the Tenth Year of the Reign of Her present Majesty, Board of Chapter Ninety-nine, shall hold their Offices only during the Trade as to Pleasure of the Board of Trade; and the Serjeants of the Ad- of Receivers. Appointment miralty of the Cinque Ports, their Deputies or other Officers, authorized to perform the Duties and to excercise the Powers within the Jurisdiction of the Cinque Ports elsewhere performed and exercised by such Receivers as aforesaid, shall perform and exercise the same only during the Pleasure and subject to the Directions of the Board of Trade; and all such Receivers, Serjeants, Deputies and other Officers as aforesaid, shall possess in the several Districts within which they have hitherto exercised their Duties the same Powers, Rights, and Privileges, and perform the same Duties, as are by the said Merchant Shipping Act, 1854, vested in and committed to the Receivers therein mentioned, save only that they shall not be entitled to take the Command in Cases of Ships or Boats stranded or in distress, unless authorized so to do by the Board of Trade. XII. There shall be payable to such Receivers, Serjeants, Payment of Deputies, and other Officers as aforesaid such Fees and other Receivers. Remuneration as are by the said Merchant Shipping Act, 1854, made payable to Receivers appointed thereunder, and Payment thereof shall be made by the same Persons and in the same Manner, and shall be capable of being enforced by the same Means, as Payment of the Fees or other Remuneration payable to the Receivers appointed under "The Merchant Shipping Act, 1854," are payable or capable of being enforced, or ast near thereto as Circumstances permit; and, save as aforesaid, and saving also any Expenses actually and properly incurred, no such Receiver, Serjeant, Deputy, or other Officer as aforesaid shall be entitled to demand or receive from any Person any Fees or other Sums in respect of any Services performed by him as Receiver; and this Section shall come into operation immediately after the passing of this Act. XIII. All Fees or other Remuneration received by any such Application Receiver, Serjeant, Deputy, or other Officer as aforesaid may be of Fees. applied by him to his own Use. XIV. The Provisions contained in the Ninth Part of" The Ninth Part Merchant Shipping Act, 1854," shall come into operation at of Merchant the same Time as if the same were herein repeated, and were Shipping Act, hereby |