Penalty for ob in the of their Lord Treasurer's Remembrancer, and the officer shall, on request made to him for that purpose under the hand of the inspector or person having the powers of an inspector (a), ascertain and certify the proper amount of those expenses. (3.) If any person refuses to attend as a witness before a Board of Trade inspector (b) or before any person having the powers of a Board of Trade inspector (a), after having been required to do so in manner provided by this section and after having had a tender made to him of the expenses (if any) to which he is entitled under this section, or refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declarations which an inspector (b) or person having the powers of an inspector (a) is hereby empowered to require, that person shall for each offence be liable to a fine not exceeding ten pounds (c). 730. If any person wilfully impedes a Board of Trade inspector (b) or any person having the powers of a Board of structing Trade inspector (a) in the execution of his duty, whether on inspectors board a ship (d) or elsewhere, that person shall for each execution offence be liable to a fine not exceeding ten pounds (c), and may be seized or detained by the inspector (b) or person 1854, s. 16. having the powers of an inspector (a), or by any person or persons whom that inspector or person may call to his assistance, until he can be conveniently taken before some justice of the peace or other officer having proper jurisdiction. duty. Exemption from rates. 1854, 8. 430. Exemption from Rates and Harbour Dues. 731. All lighthouses (d), buoys, beacons (d), and all light dues (e), and other rates, fees, or payments accruing to or forming part of the mercantile marine fund (f), and all premises or property belonging to or occupied by any of the general lighthouse authorities (g) or by the Board of (a) See list of such persons in Index; head, "Inspector." (b) § 729, s. 1. (c) Procedure, §§ 680-684; fines, how applicable, §§ 699, 716. (d) Defined, § 742. Trade, which are used or applied for the purposes of any of the services for which those dues, rates, fees, and payments are received, and all instruments or writings used by or under the direction of any of the general lighthouse authorities (h) or of the Board of Trade in carrying on those services, shall be exempted from all public, parochial, and local taxes, duties, and rates of every kind. harbour 732. All vessels (i) belonging to or used by any of the Exempgeneral lighthouse authorities or the Board of Trade shall tion from be entitled to enter, resort to, and use any harbours (), dues. ports (), docks, or piers in the United Kingdom without 1854, s. payment of any tolls, dues, or rates of any kind. Private Signals. 431. 1862, s. 48. tion of signals. 733. (1.) If a shipowner desires to use for the purpose Registraof a private code any rockets, lights, or other similar private signals, he may register those signals with the Board of code of Trade, and that Board shall give public notice of the 36 & 37 signals so registered in such manner as they think requisite Vict. c. 85, for preventing those signals from being mistaken for signals of distress (k) or signals for pilots (1). (2.) The Board may refuse to register any signals which in their opinion cannot easily be distinguished from signals of distress (k) or signals for pilots (1). (3.) Where a signal has been registered under this section, the use or display thereof by any person acting under the authority of the shipowner in whose name it is registered shall not subject any person to any fine or liability under this Act for using or displaying signals improperly (m). Application of Act to Foreign Ships (j) by Order in Council(n). 8. 21. 734. Where it has been made to appear to Her Majesty Applica (h) § 634. (i) Wider than "ships;" see § 742, and note. (j) Defined, § 742. (k) § 434. (1) § 615, and Appendix. (m) §§ 434, s. 2, 614, 615. (n) This clause does not prevent clauses, expressly applying to foreign ships, from applying, though there is no Order in Council as to their particular state; cf. Chalmers v. Scopenich (1892), 1 Q. B., 735. tion by Council of pro Order in that the Government of any foreign country is desirous that any of the provisions of this Act, or of any Act herevisions of after to be passed amending the same, which do not apply Merchant to the ships (n) of that country, should so apply and there Shipping Acts to are no special provisions in this Act for that application (0), Her Majesty in Council (p) may order that such of those provisions as are in the Order specified shall (subject to Vict. c. 80, the limitations, if any, contained therein) apply to the ships of that country, and to the owners (q), masters (»), seamen (n), and apprentices of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were British ships. foreign ships. 39 & 40 8. 37. Power of Legis visions of Powers of Colonial Legislature (r). 735.—(1.) The Legislature (r) of any British possession (s) may by any Act or Ordinance, confirmed by Her Majesty latures to in Council (p), repeal, wholly or in part, any provisions alter pro- of this Act (other than those of the Third Part thereof which relate to emigrant ships), relating to ships registered in that possession; but any such Act or Ordinance shall not take effect until the approval of Her Majesty has been proclaimed in the possession (s), or until such time thereafter as may be fixed by the Act or Ordinance for the purpose. Act. 1854, s. 547. Regulation of (2.) Where any Act or Ordinance of the legislature (r) of a British possession (s) has repealed in whole or in part as respects that possession any provision of the Acts repealed by this Act, that Act or Ordinance shall have the same effect in relation to the corresponding provisions of this Act as it had in relation to the provision repealed by this Act. 736. The Legislature (r) of a British possession (8), may, (n) Defined, § 742. (0) Such as § 84, as to tonnage regulations; § 238, as to deserters from foreign ships; § 424, Collision Regulations; § 445, provisions as to load-line; § 545, as to life salvage, in all which cases there is express power to apply suc. provisions to foreign ships, by Order in Council; or such as § 462, expressly applying prov sions as to detention to foreign ships. (p) § 738. (r) Int. Act, 1889, § 18, s. 7. trade by by any Act or Ordinance, regulate the coasting trade of coasting that British possession (r), subject in every case to the colonial following conditions: legisla ture. 8. 4. (a.) the Act or Ordinance shall contain a suspending 32 & 33 clause providing that the Act or Ordinance shall not Vict. c. 11, come into operation until Her Majesty's pleasure thereon has been publicly signified in the British possession (r) in which it has been passed: (b) the Act or Ordinance shall treat all British ships (s) (including the ships of any other British possession ()) in exactly the same manner as ships of the British possession in which it is made : (c.) where by treaty made before the passing of the Merchant Shipping (Colonial) Act, 1869 (t) (that is to say, before the thirteenth day of May eighteen hundred and sixty-nine), Her Majesty has agreed to grant to any ships (u) of any foreign State any rights or privileges in respect of the coasting trade of any British possession (r), those rights and privileges shall be enjoyed by those ships for so long as Her Majesty has already agreed or may hereafter agree to grant the same, anything in the Act or ordinance to the contrary notwithstanding. Provision for Foreign Places where Her Majesty has Jurisdiction. 737. Where under this Act anything is authorized to be Provision for foreign done by to or before a British consular officer (x), and in places any place outside Her Majesty's dominions in which Her where Her Majesty Majesty has jurisdiction () there is no such officer, such has juristhing may be done in that place by to or before such diction. officer as Her Majesty in Council may direct (). Orders in Council. 738.-(1.) Where Her Majesty has power under this Act, Provision or any Act hereafter to be passed amending the same, to as to Orders in make an Order in Council, Her Majesty may from time to Council. time make that Order in Council, and by Order in Council Vict. c. 26, revoke alter or add to any Order so made. 15 & 16 8s. 4, 5. 1862, ss. 63, 64. 32 & 33 Vict. c. 11, s. 8. vision as (2.) Every such Order in Council shall be published in the "London Gazette " (a), and shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. (3.) Subject to any special provisions of this Act, upon the publication of any such Order the Order shall, as from the date of the publication or any later date mentioned in the Order, take effect as if it were enacted by Parliament. Transmission and Publication of Documents. Notices, 739.-(1.) Where by this Act any notice, authority, &c., to be in writing order, direction, or other communication is required or and pro- authorized to be given or made by the Board of Trade, or to sending the Commissioners of Customs, or the Governor (b) of a British possession (), to any person not being an officer of such Board, or Commissioners, or Governor (b), the same shall be given or made in writing (d). by post. Publication in (2.) Where any notice or document is by this Act required or authorized to be transmitted or sent (e), the same may be transmitted or sent by post. 740. Where a document is required by this Act to be "London published in the London Gazette, it shall be sufficient if Gazette." notice thereof is published in accordance with the Rules Publication Act, 1893 (f). Exemp tion of Her Majesty's ships. 1854, s. 4. 46 & 41 Viet. c. 16, s. 2. Exemption of Her Majesty's Ships. 741. This Act shall not, except where specially provided (9), apply to ships belonging to Her Majesty. (a) Cf. § 740. (b) Int. Act, 1889, § 18, s. 6. (d) Ibid. § 20. () 50 ( 57 Vict, e. 00, $ 1, requiring forty days' notice of proposed Rules; § 3, s. 3, rendering it suffi- Queen's ships." |