1 & 2 Geo. 4, c. 76 An Act to continue and amend certain Acts for preventing the various Frauds and Depredations committed on Merchants, Shipowners, and Underwriters by Boatmen and others, within the Jurisdiction of the Cinque Ports, and also for remedying certain Defects relative to the Adjustment of Salvage under a Statute made in the Twelfth Year of the Reign of her late Majesty Queen Anne. 4 Geo. 4, c. 88 An Act for regulating Vessels carrying Passen- 6 Geo. 4, c. 125.. An Act for the Amendment of the Law respecting cons. Extent of Repeal. The whole act, except Sections 1, 2, 3, 4, 5, 15, 16 and 18. The whole act. The whole act. 9 Geo. 4, c. 86 .. An Act to amend an Act for the Amendment of The whole act. 11 Geo. 4, c. 20.. 4 & 5 Will. 4, c. 52 An Act to amend and consolidate the Laws relat- 5 & 6 Will. 4, c. 19 An Act to amend and consolidate the Laws relat ing to the Merchant Seamen of the United Section 82. So much as is not already repealed. So much as is not already repealed. 6 & 7 Will. 4, c. 79 An Act for vesting Lighthouses, Lights, and Sea The whole act. 1 & 2 Vict. c. 66.. An Act for maintaining a Lighthouse at Gibraltar, The whole act. 3 & 4 Vict. c. 68.. An Act to enable her Majesty in Council to autho- The whole act. 7 & 8 Vict. c. 112 An Act to amend and consolidate the Laws re The whole act. Sections 45, 51, 53 and 140. Section 10 (7). :: The whole act. An Act for the Prevention of Smuggling.. An Act for consolidating and amending the Laws The whole act. The whole act. (?) The whole of this act is repealed by the Statute Law Revision Act, 1875. Reference to Act. Title of Act. Extent of Repeal. 12 & 13 Vict. c. An Act to amend the Laws in force for the En- The whole act. 12 & 13 Vict. c. 88. 13 & 14 Vict. c. 93. 13 & 14 Vict. c. 95. 14 & 15 Vict. c. 35. tion. An Act to amend the Laws relating to Pilotage.. An Act for improving the Condition of Masters, An Act to amend the Laws relating to the Customs. An Act to extend the Benefits of certain Provi- 14 & 15 Vict. c. An Act to consolidate and amend the Laws re- 14 & 15 Vict. c. 96. 14 & 15 Vict. c. 102. An Act to amend the Mercantile Marine Act, An Act to amend the Acts relating to the Mer- 16 & 17 Vict. c. An Act further to amend the Law relating to The whole act. The whole act. Section 14. The whole act, except section 10. The whole act. The whole act. Sections 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 61. The whole act, except sections 3, 4, 5, 8, 10, 11, 12, 13, and so much of section 9 as relates to the recovery of Pilotage rates by Cinque Ports pilots licensed before the act came into operation. 16 & 17 Vict. c. An Act to amend various Laws relating to Mer- The whole act, except 131. chant Shipping. sections 12, 13, 24, 28 and 29. 17 & 18 Vict. c. 5. An Act to admit Foreign Ships to the Coasting Section 4 (m). Trade. (m) The whole of this act is repealed by the 18 & 19 Vict. c. 96, s. 44. Short title of act. 17 & 18 Vict. c. 104. Colonial Lighthouses. Her Majesty may by order in council fix dues for colonial lighthouses. No such dues to be levied in any colony without the consent of the colonial legislature. Mode of col dues. 17 & 18 Vict. c. 104, ss. 399, 400, 401. 18 & 19 VICT. c. 91. An Act to facilitate the Erection and Maintenance of Colonial Lighthouses (n), and otherwise to amend the Merchant Shipping Act, 1854. [14th August, 1855.] WHEREAS it is expedient to make provision for facilitating the erection and maintenance of lighthouses in the British possessions abroad, and otherwise to amend the Merchant Shipping Act, 1854: 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 same, as follows: 1. This act may be cited as "The Merchant Shipping Act Amendment Act, 1855," and shall be taken to be part of the Merchant Shipping Act, 1854, and shall be construed accordingly. 2. In any case in which any lighthouse, buoy, or beacon has been or is hereafter erected or placed on or near the coasts of any British possession, by or with the consent of the legislative authority of such possession, her Majesty may, by order in council, fix such dues in respect thereof, to be paid by the owner or master of every ship which passes the same or derives benefit therefrom, as her Majesty may deem reasonable, and may in like manner from time to time increase, diminish, or repeal such dues, and from the time specified in such order for the commencement of the dues thereby fixed, increased, or diminished the same shall be leviable throughout her Majesty's dominions in manner hereinafter mentioned. 3. No such dues as aforesaid shall be levied in any colony unless and until the legislative authority in such colony has, either by address to the crown, or by an act or ordinance duly passed, signified its opinion that the same ought to be levied in such colony. 4. The said dues shall in the United Kingdom be collected by the same persons by whom, and by the same means, in the same manner, and sublecting the said ject to the same conditions, so far as circumstances permit, by, in, and subject to which the light dues leviable under the Merchant Shipping Act, 1854, are collected, and shall in each British possession abroad be collected by such persons as the governor of such possession abroad may appoint for the purpose, and shall be collected by the same means, in the same manner, and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the light dues leviable under the Merchant Shipping Act, 1854, are paid and collected, or by such other means, in such other manner, and subject to such other conditions as the legislative authority in such possession may direct. Dues to be paid over to her Majesty's PaymasterGeneral. Dues to be applied to expenses of lighthouse, &c., for which they are levied. 5. All dues levied under this act shall be paid over to her Majesty's Paymaster-General at such times and in such manner as the Board of Trade may direct, and shall be applied, paid, and dealt with by him, for the purposes hereinafter mentioned, in such manner as such Board may direct. 6. The dues levied under the authority of this act in respect of any such lighthouse, buoy, or beacon as aforesaid shall, after deducting any expenses incurred in collecting the same, be applied for the purpose of paying the expenses incurred in erecting and maintaining such lighthouse, buoy or beacon, and for no other purpose whatever. (n) See The Basses Lights Act, 1869 (32 & 33 Vict. c. 77), and The Basses Lights Act, 1872 (35 & 36 Vict. c. 55). dues. 7. For the purpose of constructing or repairing any such lighthouse, Power to borbuoy, or beacon as aforesaid, the Board of Trade may raise, upon the row money on security of the dues to be levied in respect thereof, such sums of money as security of they may deem fit; and the Commissioners of her Majesty's Treasury, out of any monies which may be provided by Parliament, the Public 17 & 18 Vict. Works Loan Commissioners, or any other person, or body of persons, may 425, 426. c. 104, ss. 424, advance the same accordingly, such advances to be made in the same manner, with the same powers, and subject to the same provisions, so far as circumstances permit, in, with, and subject to which, under the Merchant Shipping Act, 1854, advances may be made upon the security of the Mercantile Marine Fund for the construction and repair of lighthouses in the United Kingdom. and laid before 8. Accounts shall be kept of all sums expended in the construction, Accounts for repair, or maintenance of every lighthouse, buoy, or beacon in the British each lighthouse, possessions abroad for which dues are levied under the authority of this &c to be kept, act, and of the dues received in respect thereof, in such manner as the Parliament, and Board of Trade may direct, and shall be laid before Parliament annually; to be audited. and the said accounts shall be audited in such manner as her Majesty may by order in council direct. 17 & 18 Vict. c. 104, s. 428. Registry of Ships. chant Shipping 9. Any person who, in any declaration made in the presence of or produced to any registrar of shipping, in pursuance of the second part of the Part II. of MerMerchant Shipping Act, 1854, or in any documents or other evidence pro- Act, 1854. duced to such registrar, wilfully makes, or assists in making or procures to be made, any false statement concerning the title to or the ownership of or the interests existing in any ship, or any share or shares in any ship, or who utters, produces, or makes use of any declaration or document containing any such false statement, knowing the same to be false, shall be guilty of a misdemeanor. 10. Shares in ships registered under the said Merchant Shipping Act, 1854, shall be deemed to be included in the word "stock," as defined by the Trustee Act, 1850, and the provisions of such last-mentioned act shall be applicable to such shares accordingly. Penalty on false under Part II. of Merchant Shipping Act. declarations 17 & 18 Vict. c. 104, s. 103. Shares in shipping within the Trustee Act, 1850. 13 & 14 Vict. c. 60. 11. In any case in which any bill of sale, mortgage, or other instrument Forms of infor the disposal or transfer of any ship or any share or shares therein or of struments. any interest therein is made in any form or contains any particulars other 17 & 18 Vict. than the form and particulars prescribed and approved for the purpose by c. 104, s. 96. or in pursuance of the Merchant Shipping Act, 1854, no registrar shall be required to record the same without the express direction of the Commissioners of her Majesty's Customs. transfer of re 12. Upon the transfer of the registry of a ship from one port to another, Delivery of certhe certificate of registry required by the ninetieth section of the Merchant tificate upon Shipping Act, 1854, to be delivered up for that purpose, may be delivered gistry. up to the registrar of either of such ports. 13. The Commissioners of Customs may, with the consent of the Board of Trade, exempt any pleasure yacht from the provision contained in the thirty-fourth section of the Merchant Shipping Act, 1854, which requires the name of every ship and the port to which she belongs to be painted on her stern (o). 14. The owner of any ship which is measured under Rule II. contained in the twenty-second section of the Merchant Shipping Act, 1854, may at (0) This section is repealed by the M. S. Act, 1871, s. 12. See the M. S. Act, 1873, s. 3. 17 & 18 Vict. c. 104, s. 90. Exemption of certain ships from having name painted on stern. 17 & 18 Vict. c. 104, s. 34. Ships measured under Rule II. may be measured under Rule I. 17 & 18 Vict. c. 104, ss. 21 and 22. General regis ter books in London. 17 & 18 Vict. c. 104, s. 107. Masters and Part III. of Merchant Shipping Act, 1854. Extension of provisions concerning the relief of destitute seamen. any subsequent period apply to the Commissioners of Customs to have the said ship remeasured under Rule I. contained in the twenty-first section of the same act, and the said commissioners may thereupon, and upon payment of such fee not exceeding seven shillings and sixpence for each transverse section. as they may authorize, direct the said ship to be remeasured accordingly, and the number denoting the register tonnage shall be altered accordingly (p). 15. The copy or transcript of the register of any British ship which is kept by the chief registrar of shipping at the Custom House in London, or by the registrar-general of seamen, under the direction of her Majesty's Commissioners of Customs or of the Board of Trade, shall have the same effect to all intents and purposes as the original register of which the same is a copy or transcript. 16. The Board of Trade may issue instructions (q) concerning the relief to be administered to distressed seamen and apprentices, in pursuance of the two hundred and eleventh and two hundred and twelfth sections of the Merchant Shipping Act, 1854, and may by such instructions determine in what cases and under what circumstances and conditions such relief is to be administered; and all powers of recovering expenses incurred with respect to distressed seamen and apprentices, which by the two hundred and thirteenth section of the said act are given to the Board of Trade, shall extend to all expenses incurred by any foreign government for the purposes aforesaid, and repaid to such government by her Majesty's government, and shall likewise extend to any expenses incurred by the conveying home such seamen or apprentices in foreign as well as British ships; and all c. 104, ss. 211, provisions concerning the relief of distressed seamen and apprentices, being subjects of her Majesty, which are contained in the said sections of the said act, and in this section, shall extend to such seamen and apprentices, not being subjects of her Majesty, as are reduced to distress in foreign parts by reason of their having been shipwrecked, discharged, or left behind from any British ship; subject nevertheless to such modifications and directions concerning the cases in which relief is to be given to such foreigners, and the country to which they are to be sent, as the Board of Trade may, under the circumstances, think fit to make and issue (9). 17 & 18 Vict. 212 and 213. 17. The enactment of the Merchant Shipping Act, 1854, relating to savings banks shall apply to all seamen, and to their wives and families, whether such seamen belong to the royal navy or to the merchant service, or to any other sea service. 18. Any naval Court summoned, under the provisions of the Merchant Shipping Act, 1854, to hear any complaint touching the conduct of the master or any of the crew of any ship, shall, in addition to the powers given to it by the said act, have power to try the said master or any of the said crew for any offences against the Merchant Shipping Act, 1854, in respect of which two justices would, if the case were tried in the United Kingdom, have power to convict summarily, and by order duly made to inflict the same punishments for such offences which two justices might in the case aforesaid inflict upon summary conviction: Provided, that in cases where an offender is sentenced to imprisonment the sentence shall be confirmed in writing by the senior naval or consular officer present at the place where the Court is held, and the place of imprisonment, whether on land or on board ship, shall be approved by him as a proper place for the purpose, and copies of all sentences made by any naval Court sum (p) By the 3rd section of the M. S. Act, 1872, this section is to be read and construed as if the Board of Trade were therein named instead of the Commissioners of Customs. (2) See "Instructions to Officers in the British Possessions abroad relating to Masters and Seamen of the Mercantile Marine.... issued by the Board of Trade, 1875." |