LXXX 5. Defence alarms and all clear signals for the St John's area may be given by the Director of Air Raid Precautions or by any person appointed by him for that purpose and any such signal may be given on instructions from the Director of Air Raid Precautions as a test or practice measure. 6. These orders may be cited as the Defence Alarm (St. John's Area) Orders. DEFENCE (SHIPPING CONTROL) REGULATIONS Under the provisions of the Defence Act, 1939, His Excellency the Governor in Commission has been pleased to make the following Regulations. The 3rd day of August, 1940. J. H. PENSON, Commissioner for Finance. 1. No person shall (a) supply any bunker coal or fuel oil to or for the use of any ship which is not of British Registry; or (b) supply to or for the use of any such ship any pro visions, stores, water, equipment, charts, goods or other article or thing whatsoever; or (c) do or perfom any work of repair or otherwise toupon or for any such ship or any part thereof or to the engines or any other equipment of such ship save under and in accordance with a permit issued by the Board of Customs. 2. No person shall act as agent for or shall purchase or obtain for or on behalf of any ship not being of British Registry any of the goods or services in respect of which a permit is required under the preceding Regulation save under and in accordance with a permit issued by the Board of Customs. 3. The Board of Customs may attach to any permit issued under these Regulations such conditions as it may deem desirable and may refuse to issue any permit or may revoke any permit without assigning any reason for such refusal or revocation. 4. These Regulations may be cited as "The Defence (Shipping Control) Regulations". LXXXI MERCHANT SHIPS (DEFENCE AND SAFETY) Under the provisions of the Defence Act, 1939, His Excellency the Governor in Commission has been pleased to make the following further Regulations. Dated this 16th day of August, A.D. 1940. W. J. CAREW, Secretary of the Commission of Government. 1. Directions under this regulation may be given by the Department of Defence or by a Naval Officer in charge of a port in Newfoundland, or an Officer of the Newfoundland Militia or by any officer to be authorized in writing by any of the aforementioned Authorities. 2. Subject to any directions that may be given by any of the authorities named in the preceding section, there shall be kept on board every British ship while in port in Newfoundland such members of the crew, or when articles have been closed, such a number of men as shall LXXXII be necessary to man the defensive equipment and the fire fighting appliances of the ship. 3. This regulation shall come into effect forthwith, and may be cited as The Merchant Ships (Defence and Safety) Regulation, 1940. REGULATIONS RESPECTING THE REQUISITIONING Under and by virtue of the Emergency Powers (De fence) Act, 1940, and of all other powers vested in him, His Excellency the Governor in Commission has been pleased to make the following regulations. Dated this 25th day of September, A.D. 1940. W. J. CAREW, Secretary of the Commission of Government. 1. These Regulations may be cited as Defence (Requisitioning) Regulations. 2. (1) Subject as hereinafter provided, the Commissioner for Finance, hereinafter referred to as the Commissioner, if it appears to him to be necessary or expedient so to do in the interests of the public safety, the safe ty of the State or the efficient prosecution of the war, or for maintaining supplies and services necessary to the life of the community, may requisition: (a) Any vessel in Newfoundland or any article on board any such vessel. (b) any British ship registered in Newfoundland, or any article on board such British ship wherever the ship may be; and may give such directions as appear to him to be necessary or expedient in connection with the requisition. Provided that the preceding provisions of this Regulation shall not authorize the requisitioning of any British ship registered elsewhere than in Newfoundland or of anything on board such a ship. (2) If the Commissioner requisitions any property under this Regulation he may use or deal with, or authorize the use of or dealing with, the property for such purpose and in such manner as he thinks expedient in the interests of the public safety, the safety of the State or the efficient prosecution of the war, or for maintaining supplies and services necessary to the life of the community, and may hold, or sell or otherwise dispose of, the property as if he were the owner thereof. (3) The Commissioner, if it appears to be necessary for the effectual exercise in his powers under paragraph 2 of this Regulation so to do, may by order: (a) direct that no person who, at the time when the order takes effect, has in his possession or under his control, on any vessel to which the order relates any such articles as may be described in the order, shall remove the articles, or cause or permit them to be removed, from the vessel until the removal of the articles therefrom is permitted by such authority or person as may be specified in the order; (b) require the owner or person having possession or control of the vessel to which an order applies to send to such authority or person as may be specified in the order a written declaration stating or estimating whether or not, on such date as may be. specified in the order, any such articles as afore said were or will be on the said vessel, and, if so, the number or quantity of those articles which was or will be on the vessel on that date, according as the order may direct. (4) The Commissioner may, to such extent and subject to such restrictions as he thinks proper, delegate all or LXXXIII LXXXIV any of his functions under paragraphs 1, 2 and 3 of this Regulation to any particular persons or class of persons. 3. If any person acts in contravention of, or fails to comply with the provisions of these regulations or of any Order made thereunder, he shall be liable on summary conviction before a Stipendiary Magistrate to imprisonment with or without hard labour for a term not exceeding one year or to a fine not exceeding five thousand dol lars, or to both, and in default of payment of such fine to additional imprisonment with or without hard labour for a term not exceeding six months, and the Court before which he is convicted may, either in addition to, or in lieu of any such punishment require that person to enter into recognizances with or without sureties to comply with the provisions of these Regulations or Orders made thereunder or such provisions thereof as the Court may direct. If any person fails to comply with an order of the Court requiring him to enter into recognizances, any Court of Summary Jurisdiction may order him to be im prisoned with or without hard labour for any term not exceeding six months. DEFENCE (ALARM) NO. 2 REGULATIONS Under the provisions of the Defence Act, 1939, His Excellency the Governor in Commission has been pleased to make the following further regulations. Dated this 11th day of October, A.D. 1940. W. J. CAREW, Secretary of the Commission of Government 1. These regulations shall be read with and deemed to form part of the Defence (Alarm) Regulations made under the provisions of the Defence Act, 1939, dated the 26th day of July, 1940. |