Sivut kuvina
PDF
ePub

on board ship from passengers' lists. Liability of master and seaman in such capacities not affected. This part of Act extends to all Her Majesty's dominions.

Part IX.-Wreck and Salvage. Vessels in Distress.-Sections 510 to 517. Definition of wreck and salvage. Duty of Receiver where vessel in distress. Penalty for disobeying Receiver. Powers of the Receiver in case of vessels in distress. Power to pass over adjoining lands. Power of Receiver to repress plunder and disorder by force. Penalties. Liability for damage in case of a vessel plundered. Exercise of powers of Receiver in his absence. Examination in respect of ships in distress.

Dealing with Wreck.--Sections 518 to 522. Provisions as to wreck found in the United Kingdom and penalties. Penalty for taking wreck at time of casualty. Notice of wreck to be given by Receiver. Claims of owners to wreck. Immediate sale of wreck by Receiver in certain cases.

Unclaimed Wreck.--Sections 523 to 529. Right of Crown to unclaimed wreck. Notice of unclaimed wreck to be given to persons entitled. Disposal of unclaimed wreck. Disputed title io unclaimed wreck to be settled same as salvage «lisputes. Delivery of unclaimed wreck by Receivers not to prejudice title. Power of Board of Trade to purchase rights to wreck. Naval officers not to interfere with wreck.

Removal of Wrecks.-Sections 530 to 534. Removal of wreck by harbour or conservancy authority provided. Power of lighthouse authority to remove wreck. Power of removal to extend to tackle, cargo, &c. Power of Board of Trade to determine certain questions between lighthouse and harbour or conservancy or other authorities. Powers of these authorities to be cumulative.

Offences in respect of Wreck. -Sections 535 to 537. Taking wreck to foreign ports and selling same a misdemeanour. Interfering with wrecked vessel or wreck and penaliy. Summary procedure against persons for concealment of wreck.

Marine Store Dealers.-Sections 538 to 542. Marine store dealer to have his name and trade painted on his shop, and to keep proper books. Penalties for non-compliance. Marine store dealer not to purchase from person under sixteen ; not to cut up cable without written permit from Justices. Penalties. Permits to be advertised before dealer acts thereon. Penalty for failure.

Marking of Anchors:--Section 543. Marking of anchors by maker with name or initials and weight. Penalty for failure.

Salvage.-Sections 544 to 546. Salvage payable for saving life Provisions for payment of salvage of life from foreign vessels. Payment to salvors for salvage of cargo or wreck.

Procedure in Salvage.--Sections 547 to 556. Determination of salvage disputes and Courts. Determination of disputes as to salvage summarily. Appeals in cases of salvage diss utes. Arbitration in Ireland and appointment. Valuation of property by Receiver. Detention of property liable for salvage by Receiver. Sale of cletained property by Receiver. Agreement as to salvage. Apportionment of salvage under £200 by Receiver to be final. Apportionment of salvage by Admiralty Courts.

Salvage by Her Majesty's' Ships.--Sections 557 to 564. Salvage by Her Majesty's ships. Claim to have consent of Admiralty. Salvage by Her Majesty's ships abroad. Provisions as to bond for payment of salvage services. Execution and enforcement of bond. Saving for other salvage rights. Exemption of documents from stamp duty. Punishment for forgery and false representations.

Jurisdiction of High Court in Salvage.---Section 565. Jurisdiction of High Court, and in Scotland Court of Session in claims as to salvage.

Appointments of Receivers of Wreck.-Section 566. Appoint. ment to be by Board of Trade in the United Kingdom,

Fees of Receivers of Wreck –Section 567, 568. Receivers' fees to be in accordance with 20th Schedule to Act. Remuneration for services by coastguard to be according to Board of Trade scale.

Duties on Wreck-Section 569. Revenue duties on wrecked goods.

Supplemental.--Sections 570, 571. Powers of Sheriffs in ScotInnd equivalent to those of Justices of the Peace. Jurisdiction of Lord Warden of Cinque Ports not affected by this part of Act.

[ocr errors]

Part X.- Pilotage. Preliminary.--Sections 572 to 574. Preliminary application of this part of Act to United Kingdom and Isle of Man. But applies to all ships, British and foreign. Definition of "pilotage authority.' Continuance of existing pilotage authorities.

Powers of Board of Trade as 10 Pilotage Districts and Authorities. --Sections 575 to 580. Constitution of new pilotage authorities, and to enlarge districts by Board of Trade where necessary. Transfer of pilotage districts, &c., by Board of Trade. Board of Trade may sanction direct representation of pilots, &c on pilotage authority. Power of Board of Trade to grant exemption from compulsory pilotage. Power of Board of Trade to give facilities with respect to licences, rates, &c. Making and confirm. ing provisional orders.

Bye-laws by Pilotage Authorities.--Sections 581 to 585. Powers of pilotage authorities as to exemption from compulsory pilotage. Power of pilotage authorities to make bye-laws. Nature of powers. Confirmation of bye-laws. Appeal to board of Trade against bye. laws or regulations not made under this Act.

Returns by Pilotage Authorities.-Section 585. Returns to be made periodically to Board of Trade giving certain particulars.

Licensing of Pilots.-Sections 586 to 590. Registration of pilot licences. Copies of pilotage provisions to be fuinished to pilot, who shall produce same to his employers when required under penalty. Licensed pilot to proluce licence to employer under penalty. Production and return of licence to pilotage authı rity, and penalty for failure. Penalty on fraudulent use of licence.

Recovery of Pilotage Dues, and other Rights of Pilots.--Sections 591 to 598. Persons liable for pilotage dues. Penalties on masters or pilots for receiving or offering improper rates of pilotage. Pilotage rate for leading ship in certain cases payable. Allowance to licensed pilot taken out of his district. Penalty on making a false declaration to pilot as to draught of ship. Occasions on which unqualifed pilots may act. Power of qualified to supersede unqualified pilot. Penalties as to employment of unqualified pilot.

Pilotage Certificates for Masters and Mates.---Sections 599 to 602. Grant of pilotage certificates to masters and mates by pilotage authority. Appeal to Board of Trade against action of pilotage

[ocr errors]

authority. Withdrawal of pilotage certificate for misconduct or incompetency provided. Certain fees payable on pilotage certificates.

Compulsory Pilotage. - Sections 603 to 605. Compulsory pilotage to remain where already in force ; all exemption still continued. l'eralty on master of unexempted ship not having pilot. Hometrade passenger ships to carry pilois, and penaliy for failure. Exemption of ships making voyage between places outside district.

Offences and Suspension and Dismissal of Pilots.-Sections 606 to 610. Offences of pilots and punishment. Penalty of pilots endangering ship, lise, or limb. Penalty on pilot obtaining charge of a ship by misrepresentation. Power of pilotage committee to suspend or dismiss pilot. Appeal provided for pilots from suspension or dismissal. Procedure, costs, and tribunal, &c.

Pilot Boats and Pilot Signals.--Sections 61 to 615. Pilot boats to be approved by pilotage authority: Characteristics of pilot boats as to name, port, and distinctive flag thereon. Display of pilot flag on vessel when pilot on board. Penalty for non-compliance. Penalty on ordioary boat disp'aying pilot flag. Signals to be displayed by sbips requiring a pilot, as required by Order in Council. Penalties on master for improper display of signals.

Trinity House, --Section 616. Power of Trinity House to alter regulations under general powers of Act.

Sub-Commissioners, Trinity House.- Section 617. Power of Trinity House to appoint Sub-Commissioners in districts where porers hitherto exercised.

Licensing of Pilots by Trinity House.--Sections 618 to 621. Licensing of Pilots by Trinity House within certain limits continued, viz.: (1) London districts consisting of Thames and Med. way to London Bridge and Rochester Bridge respectivelv, and the sea and channels as far as Orfordness to the north, and Dungeness to the south. (2) The English Channel district consisting of the seas between Dangeness and Isle of Wight. (3) The Trinity House outport districts, for which no particular provision made by Act of Parliament or charter. Trinity House not to license a pilot to conduct ships both above and below Gravesend. Regulations as to pilots' licences. Pilots' liability limited to penalty in his bond. Power of Trinity House to revoke or suspend licence.

Compulsory Pilotage (Trinity House). ---Sections 622 to 625. Pilotage compulsory in London district or Trinity House outport districts. Penalty for non-compliance. Constant supply of pilots to be provided at Dungeness. Ships from London passing Dungeness to take the first pilot. Penalties. Special exemption from compulsory pilotage :-(1) Ships employed in coasting trade of United Kingdom. (2) Ships of not more than 60 tons burthen. (3) Ships trading from any port in Great Britain within the London district, or any of the Trinity House outport districts to port of Brest in France, or any port in Europe north and east of Brest, or to the Channel Islands and Isle of Man. (4) Ships trading from the port of Brest, or any port in Europe north and east of Brest, or from the Channel Isles or Isle of Man to any port in Great Britain within the said London or Trinity House outport districts. (5) Ships navigating within the limits of the port to which they belong.

Rałcs of Pilotage (Trinity House). --Sections 626 to 629. Rates of pilotage to be payable under regulations of Trinity Ilouse. Pilotage dues payable in respect of foreign ships for port of London.

Receipt and application of pilotage dues payable by foreign ships. Settlement as to difference as to draught of water.

Pilot Fund (Trinity llouse).-Sections 630 to 632. Certain pay. ments by pilots to be continued to Pilot Fund. Application of Fund. Corporations of Trinity Ilouse at lull and Newcastle may appoint Sub-Commissioners (not more than 7 or less than 3) in their respective districts. Powers of Sub-Commissioners at those ports,

&c.

Saving for liability of Owners or Masters.--Section 633. Owners and masters not answerable for loss or damage occasioned by fault or incapacity of pilot in districts where pilotage is compul. sory by law.

PART XI. - Lighthouses. General Management.--Sections 634 to 637. Management of lighthouses, buoys, and beacons, &c., to be vested : (a) Throughout England and Wales, Channel Islands, and the adjacent seas and islands, and at Gibraltar in the Trinity House ; (c) throughout Scotland, and the adjacent seas and islands, and the Isle of Man in the Commissioners of Northern Lighthouses ; and (c) throughout Ireland and the adjacent seas and islands in the Commissioners of Irish Lights. Property vested in lighthouse authorities. Returns and information to be rendered Board of Trade. Power of Board of Trade to inspect on complaint made. Power of Trinity House to inspect at all times.

Construction of Lighthouses, &c. - Sections 638 to 642. General powers of lighthouse authorities defined. Powers as to the sale, taking and purchasing land. Restrictions on exercise of lighthouse powers of Commissioners of Northern lighthouses and Commissioners of Irish lights. Schemes to be submitted to Trinity House and Board of Trade. Power of Trinity House to direct lighthouse works to be done. Provisions for additions to lighthouses,

Light Dues. - Sections 643 to 651. Continuance of payment of light dues to lighthouse authorities as already payable. Dues for now lighthouses to be fixed by Order in Council. Revision of light dues may be made by Order in Council. Regulation of and exemption from light dues by lighthouse authorities subject to the consent of Her Majesty by Order in Council. Publication of light dues and regulations to be made through Commissioners of Customs. Application of light dues to the Mercantile Marine Fund and collection thereof. Recovery of light dues and persons liable. Distress on ship provided where non-payment of light dues. Receipt for light dues to be issued.

Locul Lichthouses.-Sections 652 to 657. Local lighthouses to be subject to inspection of general lighthouse authorities, and give returns and information. Control of local lighthouse authorities by general lighthouse authorities. Surrender of local lighthouses, &c., if local authority think fit, to general lighthouse authority by purchase or otherwise subject to the consent of the Board of Trade. Light dues for local lights to be fixed by Order in Council. Appli. cation of local light dues, and returns 10 Board of Trade. Power to reduce local light dues by local authority subject to consent of Her Majesty in Council.

Expenses of General Lighthouse Authorities. --Sections 658 to 665. Payment of lighthouse expenses out of Mercantile Marine Fund. Establishmenis of general lighthouse authorities to be in accordance

[ocr errors][merged small]

with Order in Council, no increase without consent of Board of Trade. Estimates or accounts of expenses to be sent to the Board of Trade. Advances for lighthouse expenses by Treasury on application to Board of Trade. Board of Trade may mortgage Mercantile Marine Fund for lighthouse expenditure. Advances may be made by Public Works Loan Commissioners upon mortgage of Mercantile Marine Fund. Accounts of receipts and expenditure of general lighthouse authorities to be rendered Board of Trade. Power to grant pensions to staff of general lighthouse authorities on discharge or retirement subject to sanction of Board of Trade.

Offences in Connection with Lighthouses, &C. --Sections 666, 667. Injuries to lighthouses, &c., and penalty. Prevention of false lights, &c., and penalties.

Commissioners of Northern Lighthouses. -Section 668. Incorporation of Commissioners of Northern Lights and constitution of body corporate.

Provision as to Channel Islands. -Section 669. Restriction on exercise of powers of Trinity House in Guernsey or Jersey which are not to be exercised without consent of Her Majesty in Council. Dues for lights, &c., in Guernsey, Jersey, Sark, or Alderney not to be taken without consent of the States of Jersey or Guernsey.

Lighthouses, &c., in Colonies.--Sections 670 to 675. Colonial light dues to be paid on approval of Her Majesty by Order in Council. Collection and recovery of Colonial light dues to be same as in United Kingdom. Payment of Colonial light dues to be made to Paymaster-General. Application of Colonial light dues. Advances for construction and repair of Colonial lighthouses, &c., may be made by Board of Trade. Accounts of Colonial light dues to be kept as Board of Trade require.

PART XII.- Mercantile Marine Fund. Sections 676 to 679. Sums payable to the Mercantile Marine Fund set forth. Application of Mercantile Marine Fund. Subsidy from Parliament to Mercantile Marine Fund as determined by Treasury. Accounts of fund to be deemed public accounts, and to be annually presented to Parliament by Board of Trade.

PART XIII.--Legal Proccedings. Prosecution of Offences.-Sections 680 to 683. Prosecution of offences and application of Summary Jurisdiction Acts. Appeal from summary conviction in England when tine exceeds £5. Limitation of time for summary proceedings.

Jurisdiction.-Sections 684 10 687. Provision as to jurisdiction. Jurisdiction over ships lying off the coast. Jurisdiction in case of offences on board ship. Oliences committed by British seamen at foreign ports to be within Admiralty jurisdiction.

Damage occasioneil ly Foreign Ship.-Section 688. Power to arrest foreign ship that has occasioned damage when found within three mile limit of coast of United Kingdom.

Provisions in case of Offences Abroad.-Sections 689 to 691. Conveyance of offenders and witnesses to United Kingdom or British possessions in offences against property or person. Power of Consular officers. Duties of masters conveying offenders. Penalty on master for refusal to convey offenders or witnesses. Inquiry into cause of death on board ships by superintendents, except-(1) in Scotland, to fishing boats; (2) Colonial ships

[ocr errors]
« EdellinenJatka »