Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 85 of 101)
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done by him in virtue of his office, conform to all law ful directions eiven for JJ<5iSlJ^Bojtfd
that purpose by the Board of Trade; and on a vacancy occurring in his office of Trade.

DO successor shall be appointed, but therei/bon all powers and privileges
vested in such receiver-general shall be transferred to the Board of Trade ;
and this section shall come into operation immediately after the passing of
this act.

XI. Beceivers appointed by the said receiver-general under the act of the Powers of Board
tenth year of the reign of her present Majesty, chapter ninety-nine, shall JJJS^ment of
hold their offices only during the pleasure of the Bimrd of Trade; and the receivers.
Serjeants of the Admiralty of the Cinque Port*, their deputies or other officers,
authorized to perform the duties and to exercise the powers within the juris-
diction of the Cinque Ports elsewhere performed and exercised bv such

receivers as aforesaid, shall perform and exercise the same only durfng the
pleasure and subject to tlie directions of the Board of Trade; and all such
receivers, Serjeants, deputies and other officers as aforesaid shall possess in the
several districts within which they have hitherto exercised their duties the
same powers, rights and privileges, and perform the same duties, as are by
the said Merchant Shipping Act, 1854, vested in and committed to the re-
ceivers therein mentioned, save only that they shall not be entitled to take
the command in cases of ships or boats stranded or in distress, unless autho-
rized 60 to do by the Board of Trade.

X2



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clxiv



APPBNDIX.



Payment of N-
eeivert.



AppHcatioii of
feet.



XII. There shall be payable to such receivere, seijeantB, deputies and other
officers as aforesaid such tees and other remnoeration as are by the said Mer-
chant Shipping Act, 1854, made payable to receivers appointed thereooder,
and payment thereof shall be made by the same persons and in the same
manner, and shall be capable of being enforced by the same means, as pay-
ment of the fees or other remuneration payable to the receivers appointed
under ** The Merchant Shipping Act, 1854,'' are payable or capable of being
enforced, or as near thereto as circumstances permit ; and, save as afuresaid,
and savins^ also any expenses actually and properly incurred, no such receiver,
Serjeant, deputy or other officer as aforesaid shall be entitled to demand or
receive from any person any fees or other sums in respect of any services per-
formed by him as receiver, and this section shall come into operation imme-
diately aiter the passing^of this act

XIII. All fees or other remuneration received by any such receiver,
Serjeant, deputy or other officer as aforesaid may be applied by him to his



Ninth Part of
Merchant Ship-
ping Act, 1854,
to come into
operation imme>
dlately.



Mode of proce-
dure in criminal



XIY. The provisions contained in the ninth part of '^ The Merchant Ship-
ping Act, 1854,'* shall come into operation at the same time as if the same
were herein repeated, and were hereby expressed to be intended to come into
operation immediately after the passing of this act ; and the following acts,
that is to say, the act of the seventh year of King George the Second, chap-
ter fifteen, the act of the twenty-sixth year of King George the Third,
chapter eighty-six, and the act of the fifty-third year of King George the
Third, chapter one hundred and fif^y-nine, shall be considered aa repealed
immediately after the passing of this act

XV. All criminal proceedings under " The Seamen's Fund Winding-up
Act, 1851," " The Pilotage Law Amendment Act, 1858," *'The Merchant
Shipping Law Amendment Act, 1853," or this act, shall be carried on in the
snme manner as similar proceedings under '* The Merchant Shipping Act,
1854 ;" and all rules of law, practice and evidence which are applicable to such
last-mentioned proceedings shall be applicable to criminal proceedings under
this act



Penalty on mat-
tcTB of ships leav-
ing certain sea-
men in distress
in this country.



XVI. If a native of any country in Asia, Africa or of any of the islands in
the South Sea or the Pacific Ocean, or of any other country not having any
consul in the United Kingdom, is brought to the United Kingdom in any
ship, British or foreign, as a seaman, and is left in the United Kingdom, and
within six months of his being so left becomes chargeable upon the poor rate,
or commits anj act by reason of the committal whereof he is liable to be con-
victed as an idle and disorderly person, or any other act of vagrancy, the
master or owner of the said ship, or in case of a foreign ship the person who
is consignee of the ship at the time of the seaman being so left as aforesaid,
shall incur a penalty not exceeding thirty pounds, unless he can show that
the person so left as aforesaid quitted the ship without the consent of the
master, or that due means have been afibrded by such master, owner or con-
signee, or one of them, to such person, of returning to his native country, or
to the country in which he was snipped ; and the Court inflicting such penalty
may order the whole or any part of such penalty to be applied towards the
rehef or sending home of such person.



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17 & 18 Vict. c. 120.



clxv



SCHEDULE to which this Act refars.



AcTB and Parts of Acts to be repealed.



Reference to Act



Title of Act



Extent of Repeal.



8£liz.c. 18

12 Anne, stat. 2,
c.18



4 Geo. 1, c. 12



7 Geo. 2, c. 15 . .
20 Geo, 2, c. 38 . .

26Geo. 2,c. 19 ..
26 Gea 3, c. 86 . .

2 Geo. 3, c. 101..

28 Geo. 3, c. 25 . .

29 Geo. 3, c 52 .



88 Geo. 3, c. 57
(local and per-
sonal)

46 Geo. 3, c. 106.



An Act touching Sea Marks and Mariners . .

An Act for the preserving all such Ships and Goods
thereof which shall happen to be forced on Shore
or stranded on the Coasts of this Kingdom or on
any other of Her Maje8t3r's Dominions.

An Act for enforcing and making perpetual an Act
of the Twelfth Year of her late Ma^jesty, in-
tituled ** An Act for the preserving all such Ships
and Goods thereof which shall happen to be
forced on Shore or stranded upon the Coasts of
this Kingdom or any other of her Majesty's Do-
minions;" and for inflicting the punishment of
Death on such as shall wilfully bum or destroy
Ships.

An Act to settle how far Owners of Ships shall
be answerable for the Acts of the Master or
Mariners.

An Act for the Relief and Support of maimed dis-
abled Seamen, and the Widows and Children of
such as shall be killed, slain or drowned in the
Merchant Service.

An Act for enforcing the Laws against Persons who
shall steal or detain shipwrecked goods, and for
the Relief of Persons suffering Losses thereby.

An Act to explain and amend an Act made in the
Seventh Year of his late Majesty's Reign, in-
tituled " An Act to settle how far Owners of
Ships shall be answerable for the Acts of the
Masters or Mariners;" and for giving a further
Relief to the Owners of Ships.

An Act for erecting certain Lighthouses in the
Northern Parts of Great Britain.

An Act to render more effectual an Act passed in
the Twenty-sixth Year of his present Majesty's
Reign, intituled " An Act for erecting certain
Lighthouses in the Northern Parts of Great Bri-
tain."

An Act to give further Powers to the Commis-
sioners for erecting certain Lighthouses in the
Northern Parts of Great Britain.

An Act for incorporating the Commissioners ap-

Sointed for erecting certain Lighthouses in the
Torthern Parts of Great Britain.
An Act to provide for the better Execution of the
several Acts relating to the Revenues, Matters
and Things under the Management of the Com-
missioners of Customs and Port Duties, and of
the Commissioners of Inland Excise and Taxes
in Ireland.



The whole act, except

section 5.
So much as is not already

repealed.



So much as is not already
repealed.



The whole act



So much as is not already
repealed.

So much as is not alrtady
repealed.

The whole act



The whole act
The whole act



The whole act
The whole act
Sections 75 and 76.



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clxvi



APPENDIX.



Reference to Act.



46Gea8, C.182.



48 6ea3|C.lS0.



50 Geo. 8, c. 95



51 Geo. 8, c. 66



52 Geo. 3, 0.115.



6Z Geo. 8, c 159.
54 Geo. 8,0.186.



65 Geo. 8, c Ixvil
(local and per-
sonal.)

59 Geo. 3, c. 12 ..

l&2Geo.4. C.76



4 Geo. 4, €.88 . .
Geo. 4, 0.125 ..



Title of Act



An Act for erecting a Lighthouse on the Bell or
Cape Rock on the Eastern Coast of Scotland, and
for enabling the Commissioners of the Treasury
to advance a certain Sum of Money out of the
Consolidated Fund of Great Britain towards that
Purpose.

An Act for preventing the various Frauds and De-
predations committed on Merchants, Shipowners
and Underwriters, by Boatmen and others, within
the Jurisdiction of the Cinque Ports, and also for
remedying certain Defecu relative to the Adjust-
ment uf Salvage under a Statute made in the
Twelfth Year of the Reign of her late Majesty
Queen Anne.

An Act to enable the Corporation for preserving
and improving the Port of Dublin to erect, re-
pair and maintain Lighthouses round the Coast
of Ireland, and to raise a Fund for defraying the
Charge thereof.

An Act to amend and render more effectual several
Acts for promoting the Trade of Dublin, by
rendering its Port and Harbour more commo-
dious, and for erecting, repairing and maintain-
ing Lighthouses round the Coast of Ireland,
and to raise a Fund for defraying the Charge
thereof.

An Act to make more effectual Provision for en-
abling the Corporation for preserving and im-
proving the Port of Dublin to erect, repair and
maintain Lighthouses and Lights round the Coasu
of Ireland, and to raise a Fund for defraying the
Charge thereof.

An Act to limit the Responsibility of Shipowners
in certain Cases.

An Act for enabling the Commissioners of the
Northern Lighthouses to purchase the Island and
Light of May at the Entrance of the Frith of
Forth, for enabling the Commissioners of the
Treasury to advance a certain Sum of Money
towards that purpose, and for amending severd
Acts in regard to the Northern Lighthouses.

An Act for enabling the Commissioners of the
Northern Lighthouses to erect Lighthouses on
the Isles of Man and Calf of Man.

An Act to amend the Laws for the Relief of the
Poor.

An Act to continue and amend certain Acts for
preventing the various Frauds and Depredations
committed oh Merchants, Shipowners and Under-
writers, by Boatmen and others, within the Ju-
risdiction of the Cinque Ports, and also for reme-
dying certain Defects relative to the Adjustment
of Salvage under a Statute made in the Twelfth
Year of the reign of her late Migesty Queen
Anne.

An Act for regulating Vessels carrying Passengers
between Great Britain and Ireland.

An Act for the Amendment of the Law respecting
Pilots and Pilota^, and also for the better Pre-
servation of Floating Lights, Buoys and Beacons.



Extent of Repeal



The whole act



The whole act



The whole act



The whole act so fir as
relates to Lighthotisei
and Light dues.



The whole act



The whole act
The whole act



The whole act



Section 82.

The whole act except
Sections 1, 2, 8, 4, 5,
15, 16 and 18.



The whole act
The whole act



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17&18 Vict. c. 120.



clxvii



Reference to Act



9Gea4, c, 86 ..

11 Geo. 4, c 20 ..
4&6Will.4,c.62

4&6WilL4,cl9
6&7WUl4,c.79

l&2Victc 66..
d&4yictc.68..

7&8Vict.c.ll2.

8 & 9 Vict, c 86 . .

8&9Vict.c.87..

8 & 9 Vict. c. 89 . .
8&9 Vict c. 116.

9 & 10 Vict c 99.

12 & 13 Vict c.
29.

12 & 13 Vict c.

88.
18 &* 14 Vict c.

93.

18 & 14 Vict c.

95.
14 & 15 Vict c.

35.



Title of Act



An Act to amend an Act for the Amendment of the
Law respecting Pilots and Pilotage, and also for
the better Preservation of Floating Lights, Buoys
and Beacons.

An Act to amend and consolidate the Laws relating
to the Pay of the Royal Navy.

An Act to amend an Act of the Twentieth Year of
his Majesty King George the Second for the
Relief and Support of sick, maimed and disabled
Seamen, and the Widows and Children of such as
shall be killed, slain or drowned in the Merchant
Service, and for other Purposes.

An Act to amend and consolidate the Laws relating
to the Merchant Seamen of the United Kingdom,
and for forming and maintainin^f a Register of
all the Men engaged in that Service.

An Act for vesting Lighthouses, Lights and Sea
Marks on the Coasts of England in the Corpora-
tion of Trinity House of Deptford Strond; and
for making Provisions respecting Lighthouses,
Lights, Buoys and Beacons, and Sea Marks,
and the Tolls and Duties payable in respect
thereof.

An Act for maintaining a Lighthouse at Gibraltar,
and respecting Lighthouses not within the United
Kingdom.

An Act to enable her Majesty in Council to autho-
rize Ships and Vessels belonging to Countries
having Treaties of Reciprocity with the United
Kingdom to be piloted, in certain Cases, without
having a licensed Pilot on board; and also to
reflate the Mode in which Pilot Boats shall be
pamted and distinguished.

An Act to amend and consolidate the Laws re-
lating to Merchant Seamen ; and for keeping a
Register of Seamen. *

An Act for the General Regulation of the Cus-
toms.

An Act for the Prevention of Smuggling . . • .

An Act for the registering of British Vessels

An Act for the Protection of Seamen entering on
board Merchant Ships.

An Act for consolidating and amending the Laws
relating to Wreck and Salvage.

An Act to amend the Laws in force for the En-
couragement of British Shipping and Navigation.

An Act to amend the Laws relating to Pilotage

An Act for improving the Condition of Masters,
Mates and Seamen, and maintaining Discipline
in the Merchant Service.

An Act to amend the Laws relating to the Customs

An Act to extend the Benefits of certain Provi-
sions of the General Merchant Seamen's Act re-
lating to Apprentices bound to the Sea Service
to Apprentices bound to the Sea Service by
Boards of Guardians of the Poor in Ireland, and
to enable such Guardiana to place out Boys in
the Naval Service.



Extent of RepeaL



The whole act



Section 82.

So much as is not already
repealed.



So much as it not already
repealed.

The whole act



The whole act
The whole act

The whole act

Sections 45, 51, 53 and

140.
Section 10.
The whole act
The whole act

The whole act

The whole act.

The whole act

The whole act

Section 14.

The whole act, except
section 10.



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clxviii



APPENDIX.



Reference to Act.


Title of Act


Extent of RepeftL


14 fir 15 Vict c


An Act to consolidate and amend the Laws re-


The whole act


79.


lating to the Regulation of Steam Navigation,
and to the Boats and Lights to he oarried by Sea-
going Vessels.




14 & 15 Vict. c.


An Act to amend the Mercantile Marine Act,


The whole act


96.


1850.




14 & 15 Vict c.


An Act to amend the Acts relating to the Mer-


Sections 29, 80, 81, 92,


102.


chant Seamen's Fund, and to provide for wind-


ZS, 34, 35, 36, 37, SS




ing up the said Fund, and for the better Manage-


and6L




ment thereof in the meantime.




16 k 17 Vict c.


An Act further to amend the Law relating to Pi-


The whole act, except


129.


lotage.




sections 3, 4, 5, 8, 10,
11, 12,18, and so mock
of section 9 as relates
to the recovery of Pi-
lotage rates by Cinque
Ports pilots licensed
before the act came
into operation.


16 & 17 Vict c


An Act to amend various Laws relating to Mer-


The whole act, except


181.


chant Shipping.


sections 12^ 13, 24, 28
and 29.


17 & 18 Vict c. 5.


An Act to admit Foreign Ships to the Coasting
Trade.


Section 4.



Short title of act

17 ft 18 Vict
C.104.

CoUmial
Ligkthomtt.

Her If ajef tj may
bT order ia coun-
cil fix dues for
colonial light-
houses.



18 & 19 Vict. c. 91.

An Act to facilitate the Erection and Maintenance of Colonial
Idffhthouses, and otherwise to amend the Merchant Shipping Act,
1854. [14th August, 1855.]

Whereas it is expedient to make provision for facilitating the erection and
maintenance of lighthouses in the British possessions abroad, and otherwise
to amend the Merchant Shipping Act, 1854 : Be it therefore enacted by the
Queen's most excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows :

I. This act may be cited as *' The Merchant Shipping Act Amendment
Act, 1855," and shall be taken to be part of the Merchant Shipping Act,
1854, and shall be construed accordingly.

II. In any case in which any lighthouse, buoy or beacon has been or k
hereafter erected or placed on or near the coasts of any British possession, by
or with the consent of the legislative authority of such possession, her Majesty
may, by order in council, fix such dues in respect thereof, to be paid bv thie
owner or master of every ship which passes the same or derives benefit tnere-
from, as her Majesty may deem reasonable, and may in like manner from
time to time increase, diminish or repeal such dues, and from the time speci-
fied in such order for the commencement of the dues thereby fixed, increased
or diminished the same shall be leviable throughout her M^esty's dominions
in manner Lerelnafler mentioned.



No such dues to HI. ^o such dnes as aforesaid shall be levied in any colony unless and



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18 & 19 Vict. c. 91. clxix

until the legislatiTe authority in sach colony has, either by address to the be leried in any
crown, or by an act or ordinance duly passed, signified its opinion that the JJe'oonMnt of th«
same ought to be levied in such colony. colonial legisia-

tiire.

lY. The said dues shall in the United Kingdom be collected by the same Mode of collect-
persons by whom, and by the same means, in the same manner, and subject ^8 the said dues.
to the same conditions, so far as circumstances permit, by, in and subject to u ft is Vict.
which the light dues levjable under the Merchant Shipping Act, 1854, are Jii^Ji"*^^^'
collected, and shall in each British possession abroad be collected by such
persons as the governor of such possession abroad may appoint for the pur-
pose, and shall be collected by the same means, in the same manner and sub-
ject to the same conditions, so far as circumstances permit, by, in and subject
to which the light dues leviable under the Merchant Shipping Act, 1854, are
paid and collected, or by such other means, in such other manner, and sub-
ject to such other conditions as the legislative authority in such possession
may direct.

V. All dues levied under this act shall be paid over to her Majesty's Pay- Dues to be paid
master General at such times and in such manner as the Board of Trade may wty'^PaymJwter
direct, and shall be applied, paid and dealt with by him, for the purposes General,
hereinafter mentioned, in such manner as such Board may direct.

VI. The dues levied under the authority of this act in respect of any such Dnei to be ap-
lighthouse, buoy or beacon as aforesaid shall, after deducting any expenses Jf SthJhou^"**^*
incurred in collecting the same, be applied for the purpose of paying the ex- &c. for which
penses incurred in erecting and maintaining such lighthouse, buoy or beacon, they are levied.
and for no other purpose whatever.



VII. For the purpose of constructing or repairing any such lighthouse, Pover to borrow




monies which may be provided by Parliament, the Public Works Loan Com-
missioners or any other person or body of persons, may advance the same
accordingly, such advances to be made in the same manner, with the same
powers and subject to the same provisions, so far as circumstances permit, in,
with and subject to which, under the Merchant Shipping Act, 1854, advances
may be made upon the security of the Mercantile Marine Fund for the con-
struction and repair of lighthouses in the United Kingdom.

YIII. Accounts shall be kept of all sums expended in the construction. Accounts for

repair or maintenance of every lighthouse, buoy or beacon in the British ?c.^o be^kept**'

possessions abroad for which dues are levied under the authority of this act, and laid before
and of the dues received in respect thereof, in such manner as the Board of f*jj!"™^*?**^°'*

Trade may direct, and shdl be laid before Parliament annually; and the said j° ^ Js^vict.

accounts shall be audited in such manner as her Majesty may by order in c. 104, 1. 428.

council direct „ , , ^ „. .

Registry of Shipt.

IX. Any person who, in any declaration made in the presence of or pro- Part 11. of Mer-
duced to any re^strar of shipping, in pursuance of the second part of the ^'^^'JJt^j^gf]*^"*
Merchant Sbippm^ Act, 1854, or in any documents or other evidence pro- 1 —
duced to such registrar, wilfully makes, or assists in making or procures to Penalty on false
be mode, any false statement concerning the title to or the ownership of or derPaan!of°'
the interests existing in any ship, or any share or shares in any ship, or who Merchant Ship-
utters, produces or makes use of any declaration or document containing any p*"K Act.
such fulse statement, knowing the same to be false, shall be guilty of a mis- cfiWios.
demeanor.

X. Sharet in shipt registered under the said Merchant Shipping Act, 1864, Sharet in ship-
shall be deemed to be included in the word "stock," as defined by the P^«^i*i°«^«



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clxx



APPENDIX.



Trustee Act,

1850.

ISfrHVict.c.tfO.

Forms of instru-
ments.

17 & 18 Vict,
c. 104, s. 96.



Delivery of cer-
tificate upon
transfer of regis-
try.

17 & 18 Vict,
c. 104, s. 90.

Exemption of
certain stiips from
having name
painted on stem.
17 fr 18 Vict,
c. 104, 8. 34.



Trustee Act, 1850, and the provisioDs of such last-mentioned act shall be ap-
plicable to such shares accordingly.

XI. In any case in which any bill of sale, mortgage or other instmment
for the disposal or transfer of any ship or any share or shares therein or of
any interest therein is made in any form or contains any particulars other
than the form and particulars prescribed and approved fur the purpose bv or
in pursuance of the Merchant Shipping Act, 1854, no registrar shall be
required to record the same without the express direction of the Commlssionen
of her Majesty's Customs.

XII. Upon the transfer of the registry of a ship from one port to another,
the certificate of registry required by the ninetieth section of the Merchant
Shipping Act, 1854, to be delivered up for that purpose, may be delivered up
to tiie registrar of either of such ports.

XIII. The Commissioners of Customs may, with the consent of the Board
of Trade, exempt any pleasure yacht from' the provision contained in the
thirty-fourth section of the Merchant Shipping Act, 1864, which requires
the name of every ship and the port to wbich she belongs to be painted on
her stern.



Ships measured XIV. The owner of any ship which is measured under Rule II. contained
m°ay be^inealured ^^ ^^® twenty-second Section of the Merchant Shipping Act, 1864, may at
under Rule I. any subsequent period apply to the Commissioners of Customs to have the
17 & 18 Vict. said ship remeasured under Rule I. contained in the twenty-first section of
Cji04, ss. 21 and ^|jg g^j^g ^^^ ^jj ^j^^ g^jj commissioners may thereupon, aud upon payment
of such fee not exceeding seven shillings and sixpence for each transverse
section as thev may authorize, direct the said ship to be remeasured ac-
cordingly, and the number denoting the register tonnage shall be altered
accordingly.



General register
books in London.
17 b 18 VIct.
c. 104, s. 107.



Meuitrt and

Part III. of Mer-
chant Shipping
Act, 1854.

Extension of pro-
vlsiuns concern-
ing the relief of
destitute seamen.
17 & 18 Vict,
c. 104, ss. 211,
212 and 213.



XV. The copy or transcript of the register of any British ship which is
kept by the chief registrar of shipping at the Custom House in London, or
by the registrar-general of seamen. Under the direction of her Majesty's
Commissioners of Customs or of the Board of Trade, shall have the same
effect to all intents and purposes as the original register of which the same u



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 85 of 101)