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Vict. c. 104, s. 229, expenses in respect of the illness, injury or 17 & 18 Vict.
hurt of any seaman or apprentice (as are to be borne by the owner c. 104.
by s. 228), paid by any consular officer or other person on behalf of
her Majesty, or any other expenses in respect of the illness, injury
or hurt of any seaman or apprentice whose wages are not accounted
for to such officer so paid, such expenses are to be repaid to such
officer or other person by the master of the ship, and if not so repaid
the amount thereof, with costs, is to be a charge upon the ship, and
be recoverable from the said master or from the owner of the ship
for the time being, as a debt due to her Majesty, and be recoverable
either by ordinary process of law, or in the manner in which seamen
are hereby enabled to recover wages ;—and in any proceeding for
the recovery thereof, the production of a certificate of the facts,
signed by such officer or other person, together with such vouchers
(if any), as the case requires, is to be sufficient proof that the ex-
penses were duly paid by such consular officer or other person.

Perising Lists of Voters for Members of Local Marine Boards.] Sect. 110 provides for the election of members of the local marine board by the mayor of seaports, on the 25th January, in every third

year. By sect. 113, two justices (nominated by the mayor of the seaport at which there is a local marine board, 20 days at least before 25th January, 1857, and in each succeeding third year-1860, 1863, 1866, 1869, 1872, 1875) are between the 8th and 15th days of January in the year in which they are so nominated, to revise the lists of persons entitled to vote at the election of members of such board at the custom house of the port, or in some convenient place near thereto, of which revision three days' notice is to be given by advertisement;--and such list, when revised, &c., is to be the register for three years, i. e., from the date till the 24th January in the third year, and is to be signed by the justices, and handed to the mayor for printing. The register of ships registered, &c. is to be produced to the justices if required (sect. 114). The justices are to certify the expenses of making, revising and printing the list, which are to be paid by the Board of Trade (sect. 115).

Recovery of Pilotage Dues. 106] By sect. 363, pilotage dues payable from the owner, master of ship or consignee of goods, after demand in writing seven days previously, may be “ recovered in the same manner as penalties of the like amount may be recovered under the act,”-i. e. within six months (s. 525, sub-s. 3), before two or more justices (s. 518, sub-s. 3), or one stipendiary magistrate

105 “ The Merchant Shipping Act Amendment Act, 1862," 25 & 26 Vict. c. 63, ss. 39—42, contain various provisions in relation to exemptions from compulsory pilotage, respecting which the pilotage authorities have power to make regulations, as well as to alter, &c., the rates of pilotage. Sect. 13 applies some of the provisions of the 17 & 18 Vict. c. 104, to " Fishing Boats,” “Lighthouse Vessels” and “Pleasure Yachts," for which see those titles in this Chapter.

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Matters to be done in Petty Sessions, g'c. (PART III. 17 & 18 Vict. (s. 519), either where the complaint actually arose, or where the c. 104.

person complained against may be (s. 520), after summons which may be served on board ship (s. 522), by distress of the defendant's goods (and if owner or master summoned, on the ship’s tackle, &c., s. 523], and in default of distress [after service of the justice's order or minute] imprisonment without hard labour for not exceeding three calendar months, unless sooner paid (11 & 12 Vict. c. 43, s. 19, Vol. I. p. 225, and s. 22, p. 228). [Forms, Oke’s “ Formulist," 6th edit. p. 866.] The scale of pilotage is given in Table U. to the act (see s. 333). Payment of pilotage dues from foreign ships trading to and from the port of London is enforced in the same manner (see ss. 381-383). There would not be an appeal, as sect. 518, sub-s. 4 (Vol. I., Note 301, pp. 581, 582), applies to convictions only.

Recovery of Pilotage Dues in Cinque Ports.] See 16 & 17 Vict. c. 129, ss. 3, 4, 5, 8, 9, and 17 & 18 Vict. c. 120, s. 15.

Recovery of Light Dues.] Sects. 396–401, contain provisions as to the levying of light dues by the collector of the general lighthouse authorities upon the ships; but by 25 & 26 Vict. c. 63, s. H, the same dues are now recoverable “in the same manner as penalties of the like amount may be recovered” by virtue of the 17 & 18 Vict. c. 104 [i. e. as pilotage dues, supra), from the owner or master, or the consignee or agent thereof who has paid or made himself liable to pay any other charge on account of such ship in the port of her arrival or discharge. By sect. 46, dues in respect to local lights are recoverable in the same manner as light dues.

Recovery of Expenses of abating False Lights prohibited.] The general lighthouse authority may prohibit false lights, and if after notice the same is not extinguished or screened, may by their servants, &c. extinguish the light or fire, the expenses of doing which may be recovered from the owner, &c. “ in the same way as penalties ” (ss. 415, 416). See mode, supra, as to pilotage dues.

Detention of Certificate of Registry of Ship.] See Vol. I. pp. 580 --582, Offences, 3, 4, 5, 5a.

See further, tits. “Seamen," and “ Wreck and Salvage," post.

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42 & 43 Vict.
0. 18.

METROPOLITAN SUBURBAN RACECOURSES. The Racecourses Licensing Act, 1879" (42 & 43 Vict. c. 18, enacts as follows,

"1. Definitions.] A horse-race within the meaning of this act shall mean any race in which any horse, mare, or gelding shall run or be made to run in competition with any other horse, mare, or gelding, or against time, for any prize of what nature or kind

or for any bet or wager made or to be made in respect of any such horse, mare, or gelding, or the riders thereof, and at which more than twenty persons shall be present.

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"2. Horse-races Unlawful within Ten Miles of London unless 42 & 43 Vict. Licensed.] From and after the twenty-fifth day of March One C. 18. thousand eight hundred and eighty it shall not be lawful that any horse-race be held or take place on any pretext whatsoever within a radius of ten miles from Charing Cross in the City of Westminster, unless in a place for which a licence for horse-racing has been obtained pursuant to the provisions hereinafter contained.

"3. Power to Justices to license at Michaelmas Quarter Sessions.] Any person desirous of obtaining a licence for horse-racing for any open or enclosed land or place, being the owner, lessee, or occupier of such land or place, may apply to the justices assembled at any Michaelmas quarter sessions of the peace to be holden for the county, city, riding, liberty, or division in which such land or place is situate, which justices are hereby empowered to grant or withhold a licence at their discretion, such licence to be of force and valid for twelve months dating from the twenty-fifth day of March next following the date of such application.

"4. Mode of making Application for Licence.] Every such application shall be made to the justices in the same manner as applications for licences for places to be kept for public dancing, music, or other entertainment under the provisions of an act passed in the twenty-fifth year of his late Majesty King George the Second.

"5. Penalty on Persons taking part in Unlicensed Horse-races.] Any person who after the said twenty-fifth day of March One thousand eight hundred and eighty shall take part in any horserace in any open or enclosed land or place for which a licence is required under this act, and for which a licence has not been obtained, shall upon summary conviction be liable to a penalty of ten pounds, or an imprisonment not exceeding two months.

"6. Penalty on Owners and Occupiers of Ground where Unlicensed Horse-races take place.] Any person who shall be the owner or lessee or in possession or occupation of any open or enclosed land or place for which a licence for horse-racing is required under this act, and upon which any horse-race shall be held after the said twenty-fifth day of March one thousand eight hundred and eighty without such licence having been obtained, shall be guilty of a misdemeanor, and on conviction thereof shall be punishable for every such offence with fine or imprisonment at the discretion of the court, such fine not to be less than five pounds nor more than twenty-five pounds, and such imprisonment not to be less than one month nor more than three months.

7. Unlicensed Horse-races to be deemed a Nuisance, and liable accordingly.] Every horse-race held or taking place in contravention of the provisions of this act shall be deemed to be a nuisance, and any person injured or inconvenienced thereby shall

42 & 43 Vict. have all such rights and remedies against all persons taking part c. 18.

in the same, and against owners, lessees, and occupiers of the land or place, as he would have in case of a nuisance at common law.

“8. Short Title.] This act may be cited as the Racecourses Licensing Act, 1879.

42 & 43 Vict. c. 33.

MILITARY LAW (ARMY). By sect. 77 of "The Army Discipline and Regulation Act, 1879" (42 & 43 Vict. c. 33), it is enacted that,

Enlistment--Swearing Recruits.] Every person authorized to enlist recruits in the regular forces in this act referred to as the ' recruiter'), shall give to every person offering to enlist a notice in the form for the time being authorized by a secretary of state, stating the general requirements of attestation and the general conditions of the contract to be entered into by the recruit, and directing such person to appear before a justice of the peace at the time and place therein mentioned.

“ Upon the appearance before a justice of the peace of a person offering to enlist, the justice shall ask him whether he assents to be enlisted, and shall not proceed with the enlistment if he considers the recruit under the influence of liquor.

“If he does not appear before a justice, or on appearing does not assent to be enlisted, no further proceedings shall be taken.

“If he assents to be enlisted-
(1) The justice, after cautioning such person that if he makes

any false answer to the questions read to him, he will be
liable to be punished as provided by this act, shall read
or cause to be read to him the questions set forth in
the attestation paper for the time being authorized by :
secretary of state, and shall take care that such person
understands each question so read; and after ascertaining
that the answer of such person to each question has been
duly recorded opposite the same in the attestation paper,
shall require him to make and sign the declaration as to
the truth of those answers set forth in the said paper, and
shall then administer to him the oath of allegiance con-
tained in the said

paper : “(2) Upon signing the declaration and taking the oath, such

person shall be deemed to be enlisted as a soldier of her

Majesty's regular forces: *(3) The justice shall attest by his signature, in manner required

by the said paper, the fulfilment of the requirements as to attesting a recruit, and shall deliver the attestation paper

duly dated to the recruiter: *(4) The fee for the attestation of a recruit, and for all acts and


c. 33.

things incidental thereto, shall be one shilling and no more, 42 & 43 Vict.

and shall be paid to the clerk of the justice : "(5) The officer who finally approves of a recruit for service shall

at his request furnish him with a certified copy of his

attestation paper. The date at which the recruit signs the declaration and takes the oath in this section in that behalf mentioned, shall be deemed to be the date of the attestation of such recruit. The competent military authority, if satisfied that there is any error in the attestation paper of a recruit, may cause the recruit to attend before some justice of the peace, and that justice, if satisfied that such error exists, and is not so material as to render it just that the recruit should be discharged, may amend the error in the attestation paper, and the paper as amended shall thereupon be deemed as valid as if the matter of the amendment had formed part of the original matter

of such paper.

Deserters.] With respect to deserters the following provisions Sect. 147. shall have effect:“(1) Upon reasonable suspicion that a person is a deserter, it

shall be lawful for any constable, or if no constable can be
immediately met with, then for any officer or soldier or
other person, to apprehend such suspected person, and
forth with to bring him before a court of summary juris-

diction :
"(2) Where a person is brought before a court of summary juris-

diction charged with being a deserter under this act, such
court may deal with the case in like manner as if such
person were brought before the court charged with an

indictable offence, or in Scotland, an offence :
"(3) The court, if satisfied either by evidence on oath or by the

confession of such person that he is a deserter, shall
forthwith as it may seem to the court most expedient
with regard to his safe custody, cause him either to be
delivered into military custody in such manner as the
court may deem most expedient, or until he can be so
delivered, to be committed to some prison, police station,
or other place legally provided for the confinement of
persons in custody, for such reasonable time as appears to
the court reasonably necessary for the purpose of deliver-

ing him into military custody:
"(4) Where the person confessed himself to be a deserter, and

evidence of the truth or falsehood of such confession
is not then forthcoming, the court shall remand such
person for the purpose of obtaining information as to the
truth or falsehood of the said confession, and for that
purpose the court shall transmit, if sitting in the United

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