Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 67 of 101)
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either of the aforesaid parties, with or witnout joining the other of them.

Forgery, Forgerp.

CI. Any person who forges, assists in forging, or procures to be forged, Punishment for
fraodulentjy alters, assists in fraudulently altering, or procures to be fraudu- '^'^^y*
lently altered, any register book, certificate of surrey or, certificate of registry,
declaration of ownership, bill of sale, instrument of mortgage, certificate of
mortgage or sale, or any entry or indorsement required by the second part of
this act to be made in or on any of the above documents, shall for eveiy such
o&ttce be deemed to be guilty of felony.

Naii4)nal
National Character. Character.

CXI. No officer of customs shall grant a clearance or transire for any ship National ohano-
until the master of such ship has declared to such officer the name of the SSjiuid^&foiS*
nation to which he claims that she belongs, and such officer shall thereupon oieanmce.
inscribe such name on the clearance or transire ; and if any ship attempts to
proceed to sea without such clearance or transire, any such officer may detain
oer until such declaration is made.

GUI. The ofiences hereinafter mentioned shall be punishable as follows; Penalties:
(that is to say,)
(1.) If any person uses the British flag and assumes the British national For undoiy as-
character on board any ship owned in whole or in part by any persons JJ^^ British
not entitied by law to own British ships, for the purpose of making
such ship appear to be a British ship, such ship shall be forfeited to
her Majesty, unless such assumption has been made for the purpose of
escaping capture by an enemy or by a foreign ship of war in exercise
of some belligerent right ; and in any proceeding for enforcing any
such forfeiture the burden of proving a tiUe to use the British flag and
assume the British national cnaracter shall lie upon the person using
and assuming the same :
(2.) If the master or owner of any British ship does or permits to be done For eoneeahnent
any matter or thing, or carries or permits to be carried any papers or Jimpt/on Sf ST
documents, with intent to conceal the British character of such ship leign character,
from any person entitied by British law to inquire into the same, or
to assume a forei^ character, or with intent to deceive emy such per-
son as lastiy hereinbefore mentioned, such ship shall be tbrfeited to
her Majesty ; and the master, if he commits or is privy to the com-
mission of the offence, shall be guilty of a misdemeanor :
(3.) If any unqualified person, except in the case of such transmitted Foracouiring
interests as are hereinbefore mentioned, acquires as owner any interest, qJJJSSed,'^ ^'
either legal or beneficial, in a ship usiiiff a British flag and assuming
the British character, such interest shaU be forfeited to her Majesty :
(4.) If any person, on behalf of himself or any other person or body of For false decla-
persons, wilfully makes a false declaration touching the qualification "jj^nofowner-
of himself or such other person or body of persons to own British ships
or any shares therein, the declarant shall be &:uilty of a misdemeanor;
and the ship or share in respect of which such declaration is made, if
the same has not been forfeited under the foregoing provision, shall,
to the extent of the interest therein of the person making the declara-
tion, and, unless it is shown that he had no authority to make the
same, of the parties on behalf of whom such declaration is made, be
^ forfeited to her Majesty :
And in order that the al>ove provisions as to forfeitures may be carried into
effect, it shall be lawful for any commissioned officer on full pay in the mili-
tary or naval service of her Majesty, or any British officer of customs, or
any British consular officer, to seize and detain any ship which has, either

2>2



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lii



APPENDIX.



Offleer not liable
for any seisure
made on reason-
able gronnda.



wholly or as to any share therein, become subject to forfeitore as aforesaid,
and to bring her for adjudication before the High Court of Admiralty in
England or Ireland, or any Conrt having Admiralty jurisdiction in her
Majesty's dominions; and such Court may thereupon make such order in the
case as it may think fit, and may award to the officer bringing in the same
for adjudication such portion of the proceeds of the sale of any forfeited ship
or share as it may think right

CIV. No such officer as aforesaid shall be responsible, either ciTiHy or
criminally, to any person whomsoever, in respect of the seizure or detention
of any ship that has been seized or detained by him in pursuance of the pro-
visions herein contained, notwithstanding that such ship is not brought in for
adjudication, or, if so brought in, is dedared not to be liable to forfeitore, if
it is shown to Uie satisfaction of the judge or Court before whom any trial
relating to such ship or such seizure or detention is held that there were
reasonable grounds for such seizure or detention ; but if no such grounds are
shown, such judge or Court may award payment of costs and damage to
any party aggrieved, and make such other order in the premises as it thinks
just

J*«n{^ fw can?- CV. If any colours usually worn by her Majesty's ships, or any colours
to|toiwper resembling those of her Mcjesty, or any distinctive national colours, except
the red ensign usually worn by merchant ships, or except the union jack
with a white border, or if the pendant usually carried by her Majesty's ships
or any pendant in anywise resembling such pendant, are or is hoisted on
board any ship or boat belonging to any subject of her Majesty without war-
rant for so domg from her ^faje8ty or from the Admiralty, the master of such
ship or boat or the owner thereof, if on board the same, and every other per-
son hoisting or joining or assisting in hoisting the same, shall for every such
offence incur a penalty not exceeding five hundred pounds ; and it shall be
lawful for any officer on full pay in the military or naval service of her
Majesty, or any British officer of the customs, or any British consular officer,
to board any such ship or boat, and to take away anv such jack, colours or
pendant ; and such jack, colours or pendant shall be forfeited to her Majesty.

Mfect of declara- CVI. Whenever it is declared by this act that a ship belonging to any

thiS?8hip shall V^^^ o' hody Corporate qualified according to this act to be owners of

not be recognized British ships shall not be recognized as a British ship, such ship shall not be

at a Britlah ■hip. entitled to any benefits, privileges, advantages or protection usually enjoyed

by British ships, and shall not be entitled to use the British fiag or assume

the British national character ; but, so far as regards the raymeut of dues,

the liability to pains and penalties, and the punishment of offences committed

on board such ship or by any persons belonging to her, such ship shall be

dealt with in the same manner in all respects as if she were a recognized

British ship.

Evidence*
CVII. Every register of or declaration made in pursuance of the second
part of this act in respect of any British ship may be proved in any court of
justice, or before any person having by law or by consent of parties authority
to receive evidence, either by the production of the original or by an ex-
amined copy thereof, or by a copy thereof purporting to be certified under
the hand of the re^trar or other person having the charge of the original;
which certified copies he is hereby required to Ornish to any penon applying



at a reasonable time for the same, upon payment of one shilling for <
certified copy ; and every such re^ster or copy of a register, and also every
certificate of registry of any Bntish ship, purporting to be signed by the
registrar or other proper officer, shall be receivdi in evidence in any court of
justice or before any person having by law or by consent of parties authority
to receive evidence as prima &cie proof of all the matters contained or redtd



Copies of regit-
tert and declare*
tioni to be ad'*
miuible in evi-
dence, and to be
primA facie proof
of certain thlnga.



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17 & 18 Vict. c. 104. liii

in tnch register when the reg^ter or guch copy is produced, and of all the
matters contained in or indorsed on snch certificate of registry, and purporting
to be authenticated by the signature of a registrar, when such certincate is
produced.

Saving Clause. Saving ciama.

CYIII. Nothing in this act contained shall repeal or affect an act paned SaTing of s fr 4
in the session of Parliament holden in the third and fourth years of the reign J^g to Ewt inf*"
of her present Majesty, chapter fifty-six, intituled ^^ An Act further to regn- dian ihipt.
kte the Trade of Ships built and trading within the Limits of the East India
Company's Charter."

Pabt III.

XABTBB0 AND 8BAMBN,

AppUcatitm, JppUeaiUm.

CIX. The various provisions of the third part of this act shall have the AppUcation of
following applications, unless the context or subject matter requires a difierent ^^ '^'- ^'
application ; (that is to say,)

So much of the third part of this act as relates to the delivery or trans- Returns for oer-
mission of lists of crews to the regbtrar general of seamen shall apply Sg to^e u^SS
to all fishing vessels belonging to the United Kingdom, whether em- Kfiigdom.
ployed exclusively on the coast of the United Kingdom or not ; to all
ships belonging to the Trinity House, or the commissioners of northern
lighthouses, constituted as hereinafter mentioned, or the port of Dublin
corporation, and to all pleasure yachts, and to the ownera, masters and
crews of such ships:

So much of the third part of this act as relates to the delivery and trans- Returnt and
mission of lists of crews, and to the wages and effects of deceased seamen ^"JJ^d Mamen in
and apprentices, shall apply to all sea-going British ships, wherever certain colonial
registered, of which the crews are dischargS, or whose final port of "Wpa.
destination is in the United Kingdom, and to the owners, masters and
crews of such ships :

So much of the third part of this act as relates to the shipping and dis- Shipping and dia-
charge of seamen in the United Kingdom shall apply to all sea-going jJeiSSted King-
British ships, wherever registered, and to the owners, masters and d<mi.
crews of such ships:

So much of the third part of this act as relates to seamen volunteering Volunteering
into the royal navy shall apply to all sea-going British ships, wherever ^'^ ^^ "•^•
registered, and to the owners, masters and crews of such ships, wherever
the same may be :

So much of the third part of this act as relates to rights to wages and ProritionaapnU-
remedies for the recovery thereof; to the shipping and discharge of ^Jjto«>lo«»l
seamen in foreign ports : to leaving seamen abroad, and to the reuef of ' '
seamen in distress in foreign ports ; to the provisions, health and accom-
modation of seamen ; to the power of seamen to make complaints ; to the
protection of seamen from imposition ; to discipline ; to naval courts on
the high seas and abroad ; and to crimes committed abroad ; shall apply
to all ships registered in any of her Majesty's dominions abroad, when
such ships are out of the jurisdiction of their respective governments,
and to the owners, masters and crews of such ships :

And the whole of the third part of this act shall apply to all sea-going As to whole of
ships registered in the United Kingdom, (except such as are exclusively ^■'^ '^^* of Act.
employ^ in fishing on the coasts of the United Kingdom, and such as
belong to the Trinity House, the commissioners of northern lighthouses
or the port of Dublin corporation, and also except pleasure yachts,) and
also to all ships registered in any Britbh possession and employed in
trading or going between any place in the United Kingdom and any
place or places not situate in the possession in which such ships are
regbtered, and to the owners, masters and crews of such ships respec-
tively, wherever the same may be.



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liv



Marimt Boardi,

Constitution of
Local Marino
Botrdt.



APPENDIX.



Local Marine Boards,



ex. There shall be local marine boards for carrying into efieet the pro-
visions of this act nnder the superintendence of the Board of Trade at tAoae
seaports of the United Kingdom at which local marine boards have heretofore
been established, and at such other places as the Board of Trade appointa
for this purpose ; and each of such local marine boards shall be constitated
as follows ; (that is to say,) the mayor or provost and the stipendiary magia-
trate or such of the mayors or provosts and stipendiary magistrates of the
place (if more than one) as the Board of Trade appoints shaB be a member
or members ex officio ; the Board of Trade shall appoint four members from
persons residing or having places of business at the port or within



Qualification of
Toten for mem-
ben of Local
Marine Boardi.



miles thereof; and the owners of foreien-going ships and of home trade pas-
senger ships registered at the port shall elect six members; and snch elections
as aforesaid shcdl take place on the twenty-fifth day of January, one thousand
ei^ht hundred and fifty-seven, and on Uie twenty-fifth day of January in eyery
third succeeding year, and such appointments as aforesaid shall take place
within one month after such elections ; and upon the conclusion of snch
month and the constitution of a new bosurd the functions of the then ezistine
board shall cease, and the board consisting of the members then newly elected
and appointed shall take its place ; and any occasional vacancy caused in
the intervals between the general elections and appointments, by death, resig-
nation, disqualification or otherwise, shall be filled up within one month after
it occurs ; and every person elected or appointed on an occasional vacancy
shall continue a member until the next constitution of a new board ; and die
mayor or provost shall ^s. the place and mode of conducting all such elections
as aforesaid, and also on occasional vacancies the day of election, and shall
give at least ten days' notice thereof; and the Board of Trade shall have
power to decide any questions raised concerning any such elections.

CXI. Owners of foreign-going ships and of home trade passenger ships
registered at any seaport at which there is a local marine board shall have
votes at the election of members of such board as follows ; (that is to say,)
every registered owner of not less than two hundred and fifty tons in the
whole of such shipping shall at every election have one vote for each member
for every two hundred and fifty tons owned by him, so that his votes for anj
one member do not exceed ten : and for the purpose of ascertaining the qoab-
fication of such electors the following rules shall be observed ; (that is to
say,^ in the case of a ship registered in the name of one person, such peraoa
shall be deemed to be the owner, and in the case of a ship registered in discinet
and several shares in the names of more persons than one, the tonnage shall
be apportioned amone the owners as nearly as may be in proportion to their
respective shares, and each of such persons shall be deemed to be the owner
of the tonnage so apportioned to him ; and in the case of a ship or shares of
a ship registered jointly without severance of interest in the names of more
persons than one, the tonnage shall, if it is sufficient, either alone or tozether
with other tonnage (if any) owned by such joint owners, to ^ve a qualifica-
tion to each of tnem, be apportioned equally between the joint owners, and
each of such joint owners shall be deemed to be the owner of the equal share
so apportioned to him, but if it is not so sufficient the whole of such tonnage
shall be deemed to be owned by such one of the joint owners resident or
having a place of business at the port or within seven miles thereof as is first
named on the register ; and in making any such ap]>ortionment as aforesaid
any portion may be struck ofiT so as to obtain a divisible amount ; and the
whole amount ot tonnage so owned by each person, whether in ships or shares
of or interests in ships, shall be added togetncr, and, if sufficient, shall con-
stitute his qualification.

Lbtiofiucb CXII. The collector or comptroller of customs in every seaport of the

Totentobemado. United Kingdom at which there is a local marine board shall, with the

assistance ot the regbtrar general of seamen, on or before the twenty-fifth



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17 & 18 Vict. c. 104. Iv

day of December, in the year one thousand eight hundred and fifty-six, and
in ererv tldrd succeeding year, make out an uphabetical list of the persons
entitlecl by rirtne of this act to vote at the election of members of such local
marine board, containing the christian name, surname and residence of each
such person, and the number of votes to which he is entiUed, and shall sign
such list, and cause a sufficient number of copies thereof to be printed, and
to be fixed on or near the doors of the custom house at such seaport for two
entire weeks next after such list has been made, and shall keep true copies of
such list, and permit the same to be perused by any person, without payment
of any fee, at all reasonable hours during such two weeks.

CXIII. The mayor or provost of every seaport at which there is a local Reriiion of lut
marine board, or such of them, if more than one, as is or are for the time <»f voters,
being so appointed as aforesaid, shall at least twenty days before the twenty-
fifth day of January, in the year one thousand ei^ht hundred and fifty-seven,
and in each succeeoing third year, nominate two justices of the peace to revise
the said lists; and such justices shall, between the eighth and fifteenth da^
of January, both inclusive in the year in which they are so nominated, revise
the said list at the custom house of the port, or in some convenient place near
thereto, to be hired, if necessary, by the said collector or comptroller, and
diall ffive three clear days' notice of such revision by advertising the same in
some local newspaper, and by affixing a notice thereof on or near to the
dooTB of such custom house, and shalT make such revision by inserting in
such list the name of every person who claims to be inserted therein, and
l^ves proof satisfiictory to the said revisers of his right to have his name so
inserted, and by striking out therefrom the name of every person to the inser-
tion of which an objection is made by any other person named in such list
who ^ves proof satisfactory to the said revisers that the name of the person
so objected to ought not to have been inserted therein ; and the decision of the
said revisers with respect to every such claim or objection shall be conclusive;
and the said revisers shall immediately after such revision si^n their names at
the foot of the list so revised ; and such list so revised shall be the register of
voters at elections of members of the local marine board of such seaport for
diree years from the twenty-fifth day of January^ then next ensuing inclusive
to the twenty-fourth day of January inclusive m the third succeeding year ;
and the said revised list, when so signed, shall be delivered to such niayor or
provost as aforesaid of the place, who shall, if necessary, cause a sufficient
number of copies thereof to be printed, and shall cause a copy to be delivered
to every voter applying for the same.

CXIV. The said collector or comptroller, if required, shall for the assbtance Registers to be
of the said revisers in revising the said list produce to them the books con- pro^ooed.
taining the r^^ter of ships registered at such seaport ; and the registrar
general of seamen, if required, snail also produce or transmit to such revisers
such certified extracts or returns firom the books in his custody as may be
necessary for the same purpose.

CXY. The two justices aforesaid shall certify all expenses properly incurred Expenses to be
bjr any such collector or comptroller as aforesaid in making and printing the E^S^^ ^**^ **'
said list and in the revision thereof, and the Board of Trade snail pay the same, ^
and also all expenses properly incurred by any such mayor or provost as
aforesaid in printing the same or in elections taking place under this act:
and the said Board may disallow any items of any such expenses as aforesaid
which it deems to have been improperly incurred.

CXVI. Every person whose name appears on such revised list, and no Persons on re-
other person, sliall be qualified to vote at the election of members of the local Jjjj/*^^***""
marine board at such seaport to be held on the twenty-fifth day of January
next after the revision of such list, and at any occasional election held at any
time between that day and the next ordinary triennial election of the members
of such board.



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APPENDIX.



Qualification of CXVII. Every male person who is acoordinff to such reyised Ikt of tlie
MaSne'fi^^ard***'*^ voters at any seaport entitled to a vote shall be qualified to be elected a
^ ^ '* member of the local marine board of such seaport, and no other person shall
be so qualified ; and if any person elected as a member after such elecdoo
ceases to be an owner of such quantity of tonnage as would entitle him to a
vote, he shall no longer continue to act or be considered as a member, and
thereupon another member shall be elected in his place.

CXVIII. No act of any local marine board shall be vitiated or prejudiced
by reason of any irregularity in the election of any of its members, or of any
error in the list of voters nerein mentioned, or of any irregularity in the
making or revising of such list, or by reason of any person wno is not duly
qualified as hereinbefore directed acting upon such board.

CXIX. Every local marine board shall keep minutes of its proceedings,
and the same shall be kept in such mode (if any) as the Board of Trade pre-
scribes ; and such minutes, and all books or documents used or kept by any
local marine board, or by any examiners, shipping masters or other officers
or servants under the control of any local marine board shall be open to the
inspection of the Board of Trade and its officers ; and every local marine
board shall make and send to the Board of Trade such reports and returns as
it requires ; but, subject as aforesaid, every local marine board may regulate
the mode in which its meetings are to be held and its business conducted.

CXX. If any local marine board, by reason of any election not taking
place, or of the simultaneous resignation or continued non-attendance of afi
or the greater part of the members, or from any other cause fails to meet m
to discbarge its duties, the Board of Trade may in its discretion either take
into its own hands the performance of the duties of such local marine board
until the next triennial appointment and election thereof, or direct that a
new appointment and election of such local marine board shall take place
immediately.



Error In electioni
not to vitiate
acts done.



Minutes and
business of Local
Marine Boards.



If any Local Ma-
rine Board fails
to discharge its
duties, Board of
Trade may as-
sume its duties,
or direct a new
election.



Board of Trade, CXXI. If upon complaint made to the Board of Trade it appears to snch
maysStfra^nge- ^^^^ ^^^^ ^ny appointments or arrangements made by any local marine
ments made by board under the powers hereby given to it are not such as to meet the wants
of the port, or are in any respect unsatisfactory or improper, the Board of
Trade may annul, alter or rectify such appointments or arrangements in sacb
manner as, having regard to the intentions of this act and to the wants of
the port, it deems to be expedient



Local Marine
Boards,



Skipping Officer.

Local Marine
Boards to esta-
blish shipping
offices.



Board of Trade to
have partial con-
trol over ship-
ping offices.



Shying Offices,
CXXII. In every seaport in the United Kingdom in which there is a local
marine board such board shall establish a shipping office or shipping offices,
and may for that purpose, subject as herein mentioned, procure the reqni^te
premises, and appoint and from time to time remove and re-appoint superin-
tendents of such offices, to be called shipping masters, with any nece^ary



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 67 of 101)