purpose of permanently reducing the expense of those works and services, shall be paid out of the Mercantile Marine Fund (r). 659.-(1.) Her Majesty may by Order in Council (s) fix Establishthe establishments to be maintained by each of the general ments of general lighthouse authorities (t) on account of the services of light- lighthouse houses (u), buoys, and beacons (u), or the annual or other ties. sums to be paid out of the Mercantile Marine Fund (r) in 1854, s. respect of those establishments. (2.) If it appears that any part of the establishments of the general lighthouse authorities (t) is maintained for other purposes as well as for the purposes of their duties as general lighthouse authorities (t), Her Majesty may by Order in Council (s) fix the portion of the expense of those establishments to be paid out of the Mercantile Marine Fund (r). (3.) An increase of any establishment or part of an establishment fixed under this section shall not be made without the consent of the Board of Trade. authori 420. or penses 660.—(1.) An expense of a general lighthouse authority (t) Estimates in respect of the services of lighthouses (u), buoys, and accounts beacons (u) shall not be paid out of the Mercantile Marine of exFund (x), or allowed in account, unless either it has been sent to allowed as part of the establishment expenses under this Board of Act (y), or an estimate or account thereof has approved by the Board of Trade (2). Trade. been 1854, ss. (2.) For the purpose of approval by the Board of Trade, each of the general lighthouse authorities (t) shall submit to that Board an estimate of all expenses to be incurred. by them in respect of lighthouses (u),buoys, or beacons (u), other than expenses allowed under this Act on account of their establishments (y), or, in case it is necessary in providing for any sudden emergency to incur any such expense without waiting for the sanction of an estimate, shall as 422, 423. S.M.S.A. 2 K Advances by Treasury for expenses. 1854, 8. 424. soon as possible submit to the Board of Trade a full account of the expense incurred. (3.) The Board of Trade shall consider any estimates. and accounts so submitted to them, and may approve them either with or without modification. 661.-(1.) For the purpose of the construction and repair of lighthouses (a), and of other extraordinary expenses conlighthouse nected with lighthouses (a), buoys, and beacons (a), the Treasury (b) may, upon the application of the Board of Trade, advance out of the growing produce of the Consolidated Fund such sums, and upon such terms and at such rate of interest, as they think fit, and pay the same into the Mercantile Marine Fund (c), but the total amount due in respect of any such advances shall not at any one time exceed two hundred thousand pounds. tile (2.) Where the Treasury (b) advance any sum under this section, that sum and the interest thereon shall be a charge upon the Mercantile Marine Fund (d), and upon any dues, rates, fees, or other payments payable thereto (e), and the Board of Trade shall make such provision for the repayment thereof out of that fund either by way of sinking fund or otherwise as the Treasury require. (3.) A charge under this section for the purpose of an advance by the Treasury shall not prevent the reduction of any dues, rates, fees, or other payments payable to the Mercantile Marine Fund, if the reduction is sanctioned by the Treasury (ƒ). Mortgage 662.-(1.) The Board of Trade may mortgage the Merof Mercan-cantile Marine Fund (c) and any dues, rates, fees, or other Marine payments payable thereto (e), or any part thereof, for the lighthouse purpose of the construction and repair of lighthouses (a) or expendi- other extraordinary expenses connected with the services of lighthouses (a), buoys, and beacons (a). Fund for ture. 1854, s. 425. (2.) Any mortgage under this section shall be made in (a) Defined, § 742. (b) Int. Act, 1889, § 12, s. 2. (d) § 738. (e) § 675, s. (i.), cf. § 648. such form and executed in such manner as the Board of Trade may direct. (3.) A person lending money on a mortgage under this section shall not be bound to inquire as to the purpose for which the money is raised or the manner in which it is applied. Works missioners. 663. (1.) The Public Works Loan Commissioners may, Advances for the purpose of the construction and repair of light- by Public houses (h) or other extraordinary expenses connected with Loan Comthe service of lighthouses (h), buoys, and beacons (h), 1854, s. advance money upon mortgage of the Mercantile Marine 426. Fund (i), and the several dues, rates, fees, and payments to be carried thereto under this Act (k), or any of them, or any part thereof, without requiring any further security than that mortgage. (2.) Notwithstanding anything in this Act, every mortgage so made to the Public Works Loan Commissioners shall be made in accordance with the Acts regulating loans by the Public Works Loan Commissioners (1). (3.) An advance by the Public Works Loan Commissioners shall not prevent any lawful reduction (m) of any dues, rates, fees, or other payments payable to the Mercantile Marine Fund (k) if that reduction is assented to by the Public Works Loan Commissioners. 1854, 8. 664. Each of the general lighthouse authorities (n) shall Accounts account to the Board of Trade for their receipts from light of general lighthouse dues (k) and for their expenditure in respect of expenses authoripaid out of the Mercantile Marine Fund (o), in such form, ties. and at such times, and with such details, explanations, and 427. vouchers, as the Board of Trade require, and shall, when required by that Board, permit all books of accounts kept by or under their respective direction to be inspected and examined by such persons as that Board appoint for that purpose. (h) Defined, § 742. (i) §§ 676-679. (k) § 675, s. (i.), cf. § 643. (1) 38 & 39 Vict. c. 89; 42 & 43 Vict. c. 77, ss. 2-4; 44 & 45 Vict. c. 18, 88. 7-9; 49 & 50 Vict. c. 45, s. (n) Defined, § 634, s. 1. Power to grant pensions. 1854, s. 421. Injury to lighthouses, &c. 1854, s. 414. Prevention of false lights. 1854, ss. 415, 416. 665.—(1.) A general lighthouse authority (p) may, with the sanction of the Board of Trade, grant superannuation allowances or compensation to persons whose salaries are paid out of the Mercantile Marine Fund (q) on their discharge or retirement. (2.) No superannuation allowance or compensation granted under this section to a person shall exceed the proportion of his salary which may be granted to a person. in the public civil service under the Acts relating to superannuation allowances or compensation for the time being in force (r). Offences in connection with Lighthouses (s), &c. 666.—(1.) A person (†) shall not wilfully or negligently— (a.) injure any lighthouse (s) or the lights exhibited therein, or any buoy or beacon (s); (b.) remove, alter, or destroy any light ship, buoy, or beacon (s); or (c.) ride by, make fast to, or run foul of any light ship or buoy (s). (2.) If any person (t) acts in contravention of this section, he shall, in addition to the expenses of making good any damage so occasioned, be liable for each offence to a fine not exceeding fifty pounds (u). 667.-(1.) Whenever any fire or light is burnt or exhibited at such place or in such manner as to be liable to be mistaken for a light proceeding from a lighthouse (s), the general lighthouse authority (p) within whose area (p) the place is situate, may serve a notice upon the owner of the place where the fire or light is burnt or exhibited, or on the person having the charge of the fire or light, directing that owner or person, within a reasonable time to be specified in the notice, to take effectual means for (p) Defined, § 634, s. 1. The Superannuation Act (22 years of age, except in case of infirmity. (8) Defined, § 742. (t) Includes corporations; Int. Act, 1889, § 2. (u) Procedure, §§ 680-684; fine how applicable, §§ 699, 716. extinguishing or effectually screening the fire or light, and for preventing for the future any similar fire or light. (2.) The notice may be served either personally or by delivery of the same at the place of abode of the person to be served, or by affixing the same in some conspicuous spot near to the fire or light to which the notice relates. (3.) If any owner or person (x) on whom a notice is served under this section fails (y), without reasonable cause, to comply with the directions contained in the notice, he shall be guilty of a common nuisance (z), and, in addition to any other penalties or liabilities he may incur, shall for each offence be liable to a fine not exceeding one hundred pounds (a). (4.) If any owner or person (x) on whom a notice under this section is served (b) neglects for a period of seven days. to extinguish or effectually screen the fire or light mentioned. in the notice, the general lighthouse authority (c) may, by their servants or workmen, enter upon the place where the fire or light is, and forthwith extinguish the same, doing no unnecessary damage; and may recover the expenses incurred by them in so doing from the owner or person on whom the notice has been served in the same manner as fines may be recovered under this Act (a). Commissioners of Northern Lighthouses. 668.-(1.) The persons holding the following offices shall Incorporabe a body corporate under the name of the Commissioners tion of of Northern Lighthouses; that is to say: (a.) the Lord Advocate and the Solicitor-General for Scotland; Commissioners of Northern Lights. 1854, 88. (b) the lords provosts of Edinburgh, Glasgow, and Aber- 390, 391. deen, and the provosts of Inverness and Campbeltown; (c.) the eldest bailies of Edinburgh and Glasgow ; (d.) the sheriffs of the counties of the Lothians and (x) Includes corporations; Int. Act, 1889, §§ 2, 19. (y) Includes refusal; § 742. (z) The remedy is by indictment. Cf. per Erle, C.J., in R. v. Crawshaw (1860), Bell's C. C. p. 1, 303. (a) Procedure, §§ 680-684; fine (c) Defined, § 634, s. 1. |