Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 79 of 101)
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And any qualified pilot giving a false account of his earnings, or making de-
fault in payment of any sum due from him under this section, shall forfeit
doable the amount payable, and shall further be liable, at the discretion of
the Trinity House, to suspension or dismissal.

CCCLXXXVI. Subject to any prior charges that may be subsisting Application of
thereon by virtue of any act or acts of Parliament or otherwise, the said ^^^'
Trinity House Pilot Fund shall be chargeable in the first instance with such
expenses as the Trinity House may duly incur in performance of their duties
in respect of pilots and pilotage, and after payment thereof shall, subject to
any alteration to be made by the Trinity House, be administered by the
Trinity House for the benefit of such pilots licensed by them after the first
day of October, one thousand eight hundred and fifty-three, as are incapa-
citated for the performance of their duty by reason of age, infirmity or acci-
dent, or of the widows and children of pilots so licensed, or of such inca-
pacitated pilots only. Appointment of

Sub'Commit-

Appointment of Sub' Commissioners by Trinity Houses of Hull and Houses of Hull

Newcastle, «*•<* Newcastle.

CCCLXXXVII. The two corporations of the Trinity Houses of the ports Power to Trinity
of Hull and Newcastle shall continue to appoint sub-commissioners, not being " d^Jfe^castlf^to
more than seven nor less than three in number, for the purpose of examining appoint sub-com-
pilots in all districts in which they have been used to make such appoint- missioners.
ments, and may, with the consent of her Majesty in council, but not other-
wise, appoint like sub-commissioners for any other district situate within
their respective jurisdictions ; but no pilotage district already under the au-
thority of any sub-commissioners appointed by either of the said corporations
shall be extended, except with such consent as aforesaid ; and no sub-com-
missioners appointed or to be appointed by the Trinity Houses of Hull and
Newcastle shall be deemed to be pilptage authorities within the meaning of
this act, nor shall anything in this act contained be held to confer upon the
commissioners for regulating the pilotage of the port of Kingston-upon-HuIl
and of the river Humber any juri^diction of a different nature or character
from that which they have heretofore exercised. saving ofounert

and Masters

Saving of Owners and Masters Rights, Rights.

CCCLXXXVIII. No owner or master of any ship shall be answerable to LJmiution of
any person whatever for any loss or damage occasioned by the fault or inca- liability of owner
paci^ of any qualified pilot acting in charge of such ship, within any district TOmJ^to^^ ' **
wb^e the employment of such pilot is compulsory by law.



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CXXU APPENDIX.

PART VI.

LIGHTHOUSES.
JUanaaemmt of
Lighthoutet. Management of Lighthaiues.

Management of CCCLXXXIX. Subject to the provisions bereinalter contained, and snbject
lighthouMs, also to any powers or rights now lawfully enjoyed or exercised by any per-

beacoMto be in SOU or body of persons Laving bv law or usage authority over local light-
Trinity House houses, buoys or beacons, heremaner termed '' local authorities,'' the super-
Northern^iigh?-"^ iutendeuce and management of all lip^hthouses, buoys and beacons shall be
houses, and port Vested in the following bodies ; (that is to ^yO

of Dublin Cor- In England and Wales, and the islands or Jersey, Guernsey, Sark and

^" °°' Aldemey, and the adjacent seas and islands, and in Heligoland and

Gibraltar, in the Trinity House :
In Scotland and the adjacent seas and islands, and in the Isle of Man, in

the Commissioners of Northern Lighthouses hereinafter mentioned :
In Ireland and the adjacent seas and islands, in the Port of Dublin Cor-
poration :
And subject to the provisions hereinafter contained, the said Trinity House
commissioners and corporation (hereinafter termed '* general lighthouse ao-
thorities") shall respectively contiDue to hold and maintain all property now
vested in them in that behalf in the same manner and for the same purposes
as they have hitherto held and maintained the same.

Incorporation of CCCXC. The persons holding the following offices shall be a body cor-
Northem^iTight-*^' F"**® ^^^^^ ^® ^^™® ^^^^^ Commissioners of Northern Lighthouses; (that
houses. IS to say,)

(1.) The Lord Advocate and the Solicitor- General for Scotland :

(2.) The Lords Provosts of Edinburgh and Glasgow, and the Provosts of

the cities of Aberdeen, Inverness and Campbeltown :
^3.) The eldest Bailies of Edinburgh and Glasgow :
(4.) The Sheriffs of the counties of Edinburgh, Lanark, Renfrew, Bate,
Argyle, Inverness, Ross, Orkney, Caithness, Aberdeen, Ayr, Fife,
Formr, Wigton, Sutherland, Kincardine, Kirkcudbright and Elgin :
And shall have a common seal ; and any five of such commissioners shall
constitute a quorum, and shall have power to do all such matters and things
as might be done by the whole body of commissioners.

Power to elect CCCXCI. In addition to the persons above mentioned, it shall be lawfol

certain new mem- for the said commissioners at any time after this act comes into operation to

elect the provost or chief magistrate of any royal or parliamentary burgh on

or near any part of the coasts of Scotland and the sheriff of any county

abutting on such coasts.

Trinity House CCCXCII. The Trinity House, their engineers, workmen and servants,

h *^ ^"'ffs' ^ u**** may at all times enter any lighthouses within the jurisdiction of the said
lud^and ireVnd. commissioners or corporatiou to view the condition thereof or otherwise for
the purposes of this act.

Board of Trade CCCXCIII. The Board of Trade may, upon complaint to the effect that
sons to ?n8pecf ^^^ lighthouse, buoy or beacon under the management of any of the said
lighthouses, &c. general lighthouse authorities, or any work connected therewith, is inefficient
or improperly managed or unnecessary, authorize persons to inspect the
same ; and every person so authorized may inspect the same accordingly, and
make such inquiries in respect thereof and of the management thereof, as he
may think fit ; and all officers and others having the care of such light-
houses, buoys or beacons or concerned in the management thereof^ snail
furnish all such information and explanations in relation thereto as he may
require; and the said general lighthouse authorities and their respective
officers shall at all times give to the Board of Trade all such returns, expla-
nations or information in relation to the lighthouses, buoys or beacons within



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17 & 18 Vict. c. 104. cxxiii

tbeir jorisdictioii and the managemeDt thereof, as such Board may from time
to time require.

CCCXCIV. Each of the said general lighthouse authorities, upon giving Power to general
due notice of their intention, shall have power, with the sanction of the riflV8^*I^comro?**"
Board of Trade, to compel any local authority having jurisdiction in the locai authorities.
matter of lighthouses, buoys or beacons at any place situate within the juris-
diction of such general lighthouse authority, to lay down buoys, or to remove
or discontinue any existing lighthouse or beacon, or to make any variation
in the character or any lighthouse or in the mode of exhibiting lights therein ;
and no such local authority as aforesaid shall erect any new lighthouse, or
remove or discontinue any lighthouse, or vary the character of any light*
house or the mode of exhibiting lights therein, without the sanction of the
general lighthouse authority .within whose juriwliction the same is situate.

CCCXCV. If any local authority having power to erect, maintain or place in case of default
any local lighthouse, buoy or beacon at any place within the jurisdiction of {U-iJ ujht^^ules
one of the said general lighthouse authorities fails so to do, or fails to obey may be trans-
any direction given by such authority under the last preceding section, her ?'jS'®^''*![{f
Majesty may, upon application from such general lighthouse authority, by liaes.**""*^ °*
order in council direct that such power as aforesaid shall be transferred to
such last* mentioned authority ; and such power, together with all powers of
levyine and receiving dues in respect of such lighthouse, buoy or beacon,
shall hereupon become vested in such last-mentioned authority ; and such
lighthouse, with its appurtenances, and also such buoy or beacon, and all
does leviable in respect thereof, shall thenceforth be subject in all respects to
the same regulations as other lighthouses and Ught dues, buoys and beacons
provided for by this act.

Light Dues. LiglUDues.

CCCXCV I. Subject to any alterations to be made under the powers here- Dues to be le-
inafler contained, the said general lighthouse authorities shall, m respect of ^^'
the existing lighthouses, buoys or beacons within their respective jurisdic-
tions, continue to levy dues, hereinafter called light dues, after the rate at
which the same are levied at the time when this act comes into operation ;
and such light dues shall be payable in respect of all ships whatever, except
ships belonging to her Majesty, and ships hereby exempted from payment
thmof.

CCCXCVII. Her Majesty may, by and with the advice of her privy Light dues to b«
council, from time to time reduce all or any of the dues for the time being JiJS^by {J^^Ma,
payable in respect of existing or future lighthouses, buoys or beacons for the jesty in councu.
time being under the management of the said general lighthouse authorities ;
and may also by and with the like advice from time to time increase or vary
any of such dues, so that no dues payable in respect of any lighthouse, buoy
or beacon existing at the time when this act comes into operation are made to
exceed the amount which has at any period previous to such time been re-
ceived in respect thereof, or to which the said dues might during any part of
such period as last aforesaid lawfully have been raised.

CCCXCVIII. Each of the said general lighthouse authorities shall have Powers of general
power, with the consent of her Majesty in council, to do any of the foUowuig ritiel to Mt^r^d
things ; (that is to say,) regulate dues.

To exempt any ship or any classes of ships from the payment of light dues
receivable by such authority, and to annex any terms or conditions to
such exemptions :

To alter the times, places and modes at and in which the light dues re-
ceivable by such authority are payable :

To substitute any other dues or class of dues, whether by way of annual
payment or otherwise, in respect of any ships or classes of ships, for the
dues payable to such authority for the time being.



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CXXIV



APPENDIX.



Publication of
dues and regu-
lations.



CCCXCIX. Tables of all Ikht dues, and a copy of the regulations for th^
time being in force in respect toereof, shall be posted up at ful custom hoosei
within the United Kingdom ; and each of the said general lighthouse autho-
rities shall from time to time as occasion requires furnish copies of such
tables and regulations to the Commissioners of Customs in London, and to
the principal officers of customs resident at all places where light dues are
collected on account of such lighthouse authority ; and such copies shall be
posted up by the Commissioners at the Custom House in London, and by
such officers at the custom houses of the places at which they are respectiTcIy
resident.



Ship not to be
cleared without
production of re-
ceipt for light
dues.



CCCC. A receipt for light dues shall be given by the person appointed to
collect the same to every person paying the same, and no officer of customs
at any port where light dues are payable in respect of any ship shall grant a
clearance or transire for any such ship unless the receipt for the sameis pro-
duced to him.



Power of distress
for light dues.



CCCCL If the owner or master of any ship fails on demand of the autho-
rized collector to pay the light dues due in respect thereof, it shall be lawful for
such collector, in addition to any other remedy which he or the authority by
whom he is appointed is entitled to use, to enter upon such ship, and distrain
the goods, guns, tackle or any other thing of or belonging to or on board
such ship, and to detain such distress until the said b'ght dues are paid ; and
if payment of the same is not made within the penod of three days next
ensuing such distress, he may, at any time during the continuance of soch
nonpayment, cause the same to be appraised by two sufficient persons or sworn
appraisers, and thereupon sell the same, and apply the proceeds in paymeiit
of the light dues due, together with all reasonable expeuses incurred by him
under this section, paying the surplus (if any) on demand to the said owner
or master.



Light dues, how
to be paid over
and accounted
for.



Application of
light dues.



New Lighthouset.

Power to light-
house authorities
to erect, place,
and alter light-
houses, buoys
and beacons.



CCCCn. Every person appointed to collect light dues by any of the said
genei*al lighthouse authorities shall collect all light dues payable at the port
or place at which he is so appointed, whether the same be collected on account
of such last- mentioned authority or of the other general lighthouse authorities,
and shall pay over to the general lighthouse authority by whom he was
appointed, or as it directs, the whole amount of light dues received by him;
and the authority so receiving the same shall keep accounts thereof, and »ball
cause the same to be remitted to her Majesty's pay master- general in such
manner as the Board of Trade directs.

CCCCIIL All light dues coming to the hands of any of the said general
lighthouse authorities under this act shall be carried to the account of the
Mercantile Marine Fund hereinafter mentioned, and shall be dealt with in
manner hereinafter prescribed.

Construction of and Dues /or New Lighthouses.
CCCCIV. Each of the said general lighthouse authorities shall have power,
within its iurisdiction, to execute the following works and do the following
things ; (that is to say,)
(1.) To erect or place new lighthouses, with all requisite works, roads and

appurtenances, or alter or remove any existing lighthouses :
(2.) To erect or place any new buoys or beacons, or alter or remove any

existing buoys or beacons :
(3.) To take and purchase any land which may be necessary for the above
purposes, or for the maintenance of the works or the residence of the
light keepers :
(4.) To vary the character of any lighthouse or the mode of exhibiting

Jights therein :
(5.) To sell any land belonging to it ;



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17 & 18 Vict. c. 104. cxxv

Bot the exercise of the above power shall, id the case of the said commis-
sioners and corporation, be subject to the restrictions hereinafter contained.

CCCCV . Previoasly to undertaking any such work as aforesaid, the said This power in
commissioners or corporation, as the case may be, shall forward a notice the caw of the
speciiVing fully the nature of the work proposed to be undertaken by them, and corporation
and their reasons for undertaking the same, to the Trinity House, who shall to be subject to
take the proposed scheme into their consideration, and notify to the said SfJ House.^ith
commissioners or corporation their approval or rejection thereof with or without appeal to Board
modifications ; but no such notification shall be binding on the said coromis- °^ Trade.
sioners or corporation until the same has been sanctioned by the Board of
Trade in manner hereinafter mentioned ; and at any time previous to such
sanction being given, the said commissioners or corporation may forward to
the Trinity House and the Board of Trade, or either of them, any objections
to, or observations upon, or suggestions in respect of, such notification.

CCCCVI. In order to obtain such sanction as aforesaid, the Trinity House Sanction of Board
shall forward a copy of their notification, accompanied by copies of all com- 2l^ht^-*'#S°^ ^
munications that have passed between the Trinity House and the said com-
missioners or corporation, to the Board of Tmde ; and such Board shall have
power to give any directions they may think fit in relation to the matters
snbmitted to them, by granting or withholding their sanction^ either wholly
or partially, and either with or without modification.

CCCCVII. The Trinity House shall forthwith communicate the directions Trinity House to
given by the Board of Trade in relation to the matters aforesaid to the said inform light-
commissioners or corporation, and the said commissioners or corporation shall, ritieV^oVdeciiion
upon the receipt of such directions, be bound to act in confornuty therewith, of Board of
and to do or forbear doing anything thereby directed to be done or for- Trade.
borne.

CCCCVIII. The Trinity House shall have power to direct the said com- Power to Trinity
mL>8ioners and corporation, or either of them, to execute the following works ; House, with

(that is to say,) Jf"Trade?to c?m-

(1.) To contmne any existing lighthouses, buoys or beacons : pel execution of

(2.) To erect or place any new lighthouses, buoys or beacons, or alter or roUaioners a?d

remove any existing lighthouses, buoys or beacons : corporation.

(3.) To vary the character of any lighthouse, or the mode of exhibiting
lights therein :
But no such directions shall be issued to the said commissioners or corpora-
tion until the issue thereof has been sanctioned by the Board of Trade ; such
sanction to be obtained by the Trinity House in manner hereinafter men-
tioned.

CCCCIX. Previously to issuing any such directions as aforesaid, the Sanction of Board
Trinity House shall make an application to the Board of Trade, stating fully jL'^J!??' ^®* '"
the nature of the work to which such directions relate and their reasons for
directing the same ; and shall at the same time give notice to the said com-
missioners or corporation respectively of such their application, by causing
written notice of the said application and a copy of the proposed directions to
be left at or sent to the ofiice of the said commissioners in Edinburgh, or the
office of the said corporation in Dublin, as the case may be ; and opportunity
shall be afforded to the said commissioners or corporation to submit any ob-
servations they may see fit to make with respect to such application to the
Trinity House and to the Board of Trade ; and if thereupon the said Trinity
House adhere to their said directions, and if the Board of Trade concur
therein, and if such adherence and concurrence is duly notified to the said
commissioners or corporation, it shall be their duty within a reasonable
time after such notification is made to carry the said directions into effect



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CXXVl



APPENDIX.



Her Mi^esty may CCCCX. Upon the completion of any new lighthouse, bnoy or beacon,

cii fi"*du*° T^Se ^^ Majesty may by order in council fix such dues in ret^pect thereof to be

taken for n\w pM by the master or owner of every ship which parses the same or dcrifes

lighthouaen. benefit therefrom as her Majes^ may deem reasonable, and may from tinae

to time alter the amount thereof^; and such dues shall be paid and colleeted

in the same manner, by the same means, and subject to the same conditkHis

in, by and subject to which the light dues authonzed to be levied by this act

are paid and collected.



No duet to be
levied in the
Channel Islands
without consent
of the States, and
no power to be
exercised therein
but by order in
council.



CCCCX I. No dues for any lighthouse, bnoy or beacon to be erected or
placed in or near the islands of uuemsey, Jersey, Sark or Aldemey shall be
taken in the said islands of Guernsey or Jersey without the consent of the
states of the said islands respectively ; nor shall any powers hereinbefore gives
to the Trinity House in respect of any lighthouse, buoy or beacon erected
or placed in the islands of Guernsey or Jersey, or hereafter to be erected
or placed in such islands, be exercised without the consent of her Majesty in
council.



Incorporation of
8«r9 Vict. cc. 18
and 19.



Surrender of

Local
Lighthouses.

Local light-
houses may be
surrendered to

general light-
ouse authorities.



Damage to Lights,
Buoys and
Beacons.

Penalty for In-
juring lights,
buoys and bea^
cons.



Prevention
of FaUe Lights.

General light-
house authorities
may prohibit
false lights.



CCCCXII. The Lands Clauses Consolidation Act, 1845, and the Lands
Clauses Consolidation Act (Scotland), 1845, shall be incorporated in this act,
and shall apply to all lighthouses to be constructed and aU land to be pur-
chased under tne powers thereof.

Surrender of Local LigktJwuses.
CCCCXin. Every local authority holding any lighthoose, buoy or beacon
at any place within the jurisdiction of any of the said general lightboose
authorities may, if they think fit, surrender or sell the same to such genenl
lighthouse autnority, and such auihority may, with the consent of the Board
of Trade, accept or purchase the same, the purchase money (if any) to be paid
out of the said Mercantile Marine Fund ; and thereupon such lighthouse and
its appurtenances or such buoy or beacon, as the case may be, shall becoBM
vested in such authority ; and such authority shall be entitled to receive all
dues lawfully payable m respect thereof at the time of such surrender or sal&
or, if her Majesty by order in council so directs, such dues as might be fixed
and made payable if the same were a new lighthouse, buoy or beacon ; and
such lighthouse, buoy or beacon, and the dues payable in respect thereof
shall, after such surrender or sale, be subject in all respects to the same rega-
lations as other lighthouses and light dues, buoys and beacons provided for by
this act.

Damage to Lights, Buoys and Beacons.
CCCCXIV. If any person wilfully or negligently commits any of the fol-
lowing ofiences ; (that is to say,)
(I.) Injures any lighthouse or the lights exhibited therein, or any buoy or

beacon :
^2.) Removes, alters or destroys any light ship, buoy or beacon :
(3.) Rides by, makes fast to, or runs foul of any light ship or buoy:
He shall, in addition to the expenses of making good any damage so oc-
casioned, incur a penalty not exceeding fifty pounds.

Prevention of False lAghts,
CCCCX V. Whenever any fire or light is burned or exhibited at soch
place or in such manner as to be liable to be mistaken for a light proceeding
from a lighthouse, it shall be lawful for the general lighthonse aothority
within whose jurisdiction such place is situate, to 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 such fire or light, either personally or by delivery
at the place of abode of such owner or person, or by affixing the «me hi
some conspicuous spot near to such fire or light, and by such notice to direct



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17&18 Vict. c. 104. cxxvii

such owner or person, within a reasonable time to be therein specified, to take
effectual means for the extinguishing or efiectually screening such existing
light, and for preventing for the future any similar fire or light; and any
owner or person disobeying such notice shall be deemed guilty of a common
nuisance, and, in addition to any other penalties or liabilities of any kind
thereby incurred, shall incur a penalty not exceeding one hundred pounds.

CCCCXVI. If any owner or person served with such notice as aforesaid if not obeyed
neglects for a period of seven days to extinguish or effectually screen the fire ^uci uJJ^*****
or liffht therein mentioned, it shall be lawful for the general lighthouse au-
thority within whose jurisdiction the same may be, by tneir servants or work-
men, to enter upon the place whereon the same may be, and forthwith to
extingubh such fire or li^nt, doing no unnecessary damage ; and all expenses
incurred by such authonty in such extinction may be recovered fi*om such
person or owner as aforesaid in the same way as penalties are hereby directed
to be recoverable.

PART VII.

MBRCANTI LB MARINE FUND. Marine Fund,

CCCCXVI I. The following sums shall be carried to a common fund, to be Sums to be car-
entitled the " Mercantile Marine Fund ;" (that is to say,) ilhitae^tSd"*"*
(1.) All fees and other sums (other than fines and forfeitures) received by



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 79 of 101)