Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 86 of 101)
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XVI. The Board of Trade may issue instructions concerninor the relief to
be administered to distressed seamen and apprentices, in pursuance of the two
hundred and eleventh and two hundred and twelfth sections of the Merchant
Shipping Act, 1854, and may by such instructions determine in what cases
and under what circumstances and conditions such relief is to be administered ;
and all powers of recovering e.xpcnses incurred laith respect to distressed sea-
men and apprentices, which by the two hundn^d and thirteenth section of the
Siiid act are given to the Board of Trade, shall extend to all expenses incurred
by any foreign government for the purposes aforesaid, and repaid to such
government by her Majesty's government, and shall likewise extend to any
expenses incurred by the conveying home such seamen or apprentices in
foreign as well as British ships; and all provisions concerning the relief of
distressed seamen and apprentices, being subjects of her Majesty, which are
contained in the said sections of the SHid act, and in this section, shall extend
to such seamen and apprentices, not being subjects of her Majesty, as are
reduced to distress in foreign parts by reason of their having been ship-
wrecked, discharged or left Behind from any British ship ; subject neverthe-
less to such modincations and directions concerning the cases in which relief
is to be given to such foreigners, and the country to which they are to be
sent, as the Board of Trade may, under the ciroomstanoes, think fit to make
and issue.



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18 & 19 Vict. c. 91. clxxi

XYII. The enactmeot of the Merchant Shipping Act, 1854, relating to Enactment oon-
savings banks shall apply to all seamen, and to their wives and families, SSJjJJI^lJSEi
whether such seamen belong to the royal navy or to the merchant service, or to seamen in the
to any other sea service. n*vy-

17 & 18 Vfct.
c. 104, I. 180.

XVIII. Anv naval Court summoned, under the provisions of the Merchant Additional
Shipping Act, 1854, to hear any complaint touching the conduct of the master powers of Nayal
or any of the crew of any ship, shall, in addition to the powers given to it by Coum.

the said act, have power to try the said master or any of the said crew for cfiM^s^wbto
any offences against the Merchant Shipping Act^ 1854, in respect of which 266. '
t\^'0 justices would, if the case were tried in the United Kingdom, have power
to convict summarily, and bv order duly made to inflict the same punish-
ments for such offences which two justices might in the case aforesaid inflict
upon summary conviction ; provided, that in cases where an offender is sen-
tenced to imprisonment the sentence shall be confirmed in writing by the
senior naval or consular officer present at the place where the Court is held,
and the place of imprisonment, whether on land or on board ship, shall be
approved by him as a proper place for the purpose, and copies of all sentences
made by any naval Court summoned to hear any such complaint as afore-
said shall be sent to the commander-in-chief or senior naval officer of the

station. Wreek»,CatuallUt

and Suivage.

XIX. Whenever any articles belonging to or forming part of any foreign PartVinTof Merw
•hip which has been wreckedon or near the coasts of the United Kingdom, chant shipping
or belonging to or forming part of the cargo thereof, are found on or near Act^^4.
such coasts, or are brought into any port in the United Kingdom, the con- In case of wreck
8ul-general of the country to which such ship, or, in the case of cargo, to consuiSnerlS'to
which the owners of such cargo, may have belonged, or any consular officer be deemed agent
of such country authorized in that behalf by any treaty or agreement with of owner.

such country, shall, in the absence of the owner of such ship or articles, and
of the master or other agent of the owner, be deemed to be the agent of the
owner, so far as relates to the custody and disposal of such articles.

XX. In cases where services are rendered by officers or men of the coast Remuneration
fifuard service in watching or protecting shipwrecked property, then, unless ^JiJf JUJJd. ^
it can be shown that such services have been declined by the owner of such

property or his agent at the time they were tendered, or that salvage has been
claimed and awarded for such services, the owner of the shipwrecked property
shall pay in respect of the said services remuneration according to a scale to
be fixed by the Board of Trade, so however that such scale shall not exceed
any scale by which payment to officers and men of the coast guard for extra
duties in the ordinary service of the Commissioners of Customs is for the time
being regulated ; and such remuneration shall be recoverable by- the same
means and shall be paid to the same persons and accounted for and applied
in the same manner as fees received by receivers appointed under the Mer-
chant Shipping Act, 1854.

Legal Proetdur*.

XXI. If any person, being a British subject, charged with having com- partxTofMer-
mitted any crime or offence on board any firitish ship on the high seas or in chant Shipping
any foreign port or harbour, or if any person, not being a British subject, Act^iM4.
charged with having committed any crime or offence on board any British Jurisdiction in
ship on the high seas, is found within the jurisdiction of any Court of justice *^"5jjfr5^hio"
in her Majesty's dominions which would have had cognizance of such crime iJ&isVictlc.oe.
or offence if committed within the limits of its ordinary jurisdiction, such

Court shnll have jurisdiction to hear and try the case as if such crime or
offence had been committed within such limits: provided, that nothing con-
tained in this section shall be construed to alter or interfere with the act of
the thirteenth year of her present Majesty, chapter ninety-six.



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clxxii



APPENDIX.



MiseBltmneout.

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

Relief of desti.
tute Laacan.



Contract* maybe
made with na-
tive* In India,
under certain
conditions, bind-
ing them to go to
the United King-
dom, and then to
serve in other
ships back to In-
dia or elsewhere.



Saving of former
enactments.
4 Geo. 4, c. 80,
sa. 25 to 34.
17 & 18 Vict.
c. 130, s. 16.



XXII. It shall be the duty of the East India Company to take charge of
and send boine or otherwise provide for all persons, being Lascars or other
natives gf the territories under the government of the said company, who are
found destitute in the United Kingaom ; and if any snch person is relied
and maintained by any guardians, overseers, or other persons administering
the relief of the poor, such overseers, guardians, or other persons may, by
letter sent through the post or otherwise, give notice thereof m writing to ttie
secreteuy of the Court of Directors of the East India Company, specifying,
so far as is practicable, the following particulars ; viz., —

(1.) The name of the person so relieved or maintained :

(2.) The presidency or district or part of the territories of the East India

Company of which he profe8s**s to be a native :
(8.) The name of the ship in which be was brought to the United

Kingdom :
(4.) The port or place abroad from which such ship sailed, and the port
or place in tlie United Kingdom at which such ship arrived, when
he was so brought to the United Kingdom, and the time of soch
arrival :
And the said East India Company shall repay to the said overseers, guardians
or other persons, out of the revenues of the said company, all monies duly
expended by them in relieving or maintaining such destitute person, after the
time at which such notice aforesaid is sent or otherwise given.

XXIII. It shall be lawful for any master or owner of a ship or bis agent
to enter into agreements with Lascars or natives of the territories of the East
India Company, binding them to proceed to any port or ports in the United
Kingdom, either as seamen or as passengers, and there to enter into a further
agreement to serve as i^eanien in au^ ship which may happen to be there, and
to be bound to any port in the territories of the East India Company ; pro-
vided, that every such original agreement shall be made in such form, and
shall contain such provisions, and shall be executed in such manueT, and
under such conditions for securing the return of such Lascars or natives to
their own country, and for other purposes, as the Governor General of India
in council, or the governors of the respective presidencies in which the original
amement is made, in council may direct ; and if any Lascar or other person
wlio has bound himself by any such original agreement is, on arriving in the
United Kingdom, required to enter into a further agreement to serve as a
seaman in any ship bound to any port in the territories of the East India
Company, and if it is certified by some officer appointed for that purpose by
the East India Company that such further agreement is a prop^ agreement
in all respects for such Lascar or other person to enter into, and is in a<»ord-
ance with the original aCTeement, and that the ship to which snch farther
agreement relates is in all respects a proper ship for such Lascar or other per-
son to serve in, and that there is not, in the opinion of such officer, any ob-
jection to the foil performance of the said original agreement, such Lascar or
other person shall be deemed to be engaged under such further amement,
and to serve as a seaman in the ship to which it relates, and shall thereupoB
be deemed to be for all purposes one of the crew of the ship ; and for every
Lascar or other person in respect of whom such certificate is applied for,
the person applying for the same shall pay to such officer as aforesaid
such fee as tne &&t India Company may appoint, not exceeding tea
shillings.

XX IV. Nothing herein contained shall be deemed to repeal or affect
any provisions contained in the twenty-Hfth, twenty-sixth, twenty-seventh,
twenty-eighth, twenty-ninth, thirtieth, thirty-first or thirty-fourth sections
of the act of the fourth year of King George the Fourth, cnapter eighty, or
in the sixteenth section of the act of the eighteenth year of her preseat
Majesty, chapter one hundred and twenty.



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18 & 19 Vict. c. 111. clxxiii

18 & 19 Vict. o. 111.

An Act to amend the Law relating to Bills of Lading,

[14th August, 1855.]

Whbheas by the custom of merchaDts a bill of ladings of goods being trans*
ferable by endorsement the property in the goods may thereby pass to the
endorsee, bnt nevertheless all rights in respect of the contract contained in
the bill of lading continue in the original shipper or owner, and it is expedient
that such rights should pass with the property : and whereas it frequently
happens that the goods in respect of which bills of lading purport to be signed
have not been laden on board, and it is proper that such bills of lading in the
hands of a band fide holder for value should not be questioned by the master
or other person signing the same on the ground of the goods not having been
laden as aforesaid : Be it therefore enacted by the Queen's most excellent
Majesty, by and with the advice and consent of the lords spiritual and tem-
poral, and commons, in this present Parliament assembled, and by the au-
thority of the same, as follows :

I. Every consignee of goods named in a bill of lading, and every endorsee Righu under
of a bill of lading to whom the property in the goods therein mentioned shall bills of lading to
pass, upon or by reason of such consignment or endorsement, shall have Jr endorsee. *"**
transferred to and vested in him all rights of suit, and be subject to the same

liabilities in respect of such goods as if the contract contained in the bill of
lading had been made with himself.

II. Nothing herein contained shall prejudice or affect any ri^ht of stoppage Not to affect right
xn trtmsiiu, or any right to claim freight against the origmal shipper or t4i*^itu*** i"im
owner, or any liability of the consignee or endorsee, by reason or in fSfreigh?.*'*
consequence of his bemg such consignee or endorsee, or of his receipt

of the goods by reason or in consequence of such consignment or endorse-
ment.

III. Every bill of lading in the hands of a consignee or endorsee for valua- Bin of lading in
ble consideration representing goods to have been shippt^d on board a vessel hands or con-
shall be conclusive evidence of such shipment as against the muster or other ciS^i^g evidence
person siening the same, notwithstanding that such goods or some part thereof of the shipment
may not have been so shipped, unless such holder of the bill of lading shall "j.*^*^"*' "*""
have had actual notice at the time of receiving the same that the goods had

not been in fact laden on board : provided, that the master or other person so Proviso,
signing may exonerate himself in respect of such misrepresentation by show-
ing that it was cause d without any default oj) Jbjs part. ^^ whj)lly b y the
fraud of Jhfi-ahipper, oroftEeTioIde>,~ Gf some person under^iio'm^ tlie noUer

caaskV^ '"^—-



18 & 19 Vict. c. 119.

An Act to amend the Law relating to the Carriage of Passengers
by Sea. [14th August, 1855.]

Whereas it is expedient to amend "The Passengers Act, 1852:" 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 assemblecl, and by the authority of the same, as

follows :

Prefatory Clauses.

I. On the first day of October next, when this act shall commence and commencement
come into force, " The Paseengers Act, 1862," shall be repealed j except so of this ac^wi*



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clxxiv



APPENDIX.



tionsof thisact
by Dumber to be
sufficient.



Definition of
terms used In
this act.



exi8tU)g*fiaw-*" ^. ** ^® ^^^ *^* repeals any former act or enactment; and except as to
liUes, and except existing passage brokers' licences, which shall continue in force as mentioned
83 to an Order in in section sixty-eight of this act, and except as to any ship which shall have
i6th"oct^Ya?2. cIcHred out from any colonial port under the said act, und before this act shall
have come into operation in such colony ; and except so far as may be neces-
sary for supporting or continuing any proceeding heretofore taken or here-
after to be taken upon any bond given under the said act, or upon any otlier
civil process; and except as to the recovery and application of any penalty
for any offence committed against the said act before the commencement of
this act ; and except also as to an order in council made by her Majesty, with
the advice of her Privy Council, on the sixteenth dav of October, one thou-
Band eight hundred and fifty-two, in pursuance of tLe powers given by the
fifty-fifth section of the said act, which said order in council shall remain in
force until altered or revoked by any order in council to be made nnder the
provisions of this act»

Bhort title of this 1 1. In citing this act in other acts of Parliament^ or in any instroment,
proceedfiigl re?*^ document or proceeding, it shall be sufficient to use the expression "The
ference to sec- Passengers Act, 1855 ;" and in any process for enforcing the remedies or
*; *.us penalties ^iven or imposed by this act, it shall be sufficient, without specifying

more particularly the cause of complaint or offence, to refer by number, ac-
cording to the copit^s of the act printed by the Queen's printer to the section
or sections under which the proceeding is taken.

III. For the purposes of this act, the following words and expressions,
whenever they occur, shall respectively have the following significations, if
not inconsistent with the context or subject matter; (that is to say,) words
of one number or gender shall import both numbers and all genders respec-
tively; the expression "her Majesty" shall include her heirs and sncce*»sor8;
the expression " consular officer" shall signify and include her Majesty's
consul general, consul and vice-consul ; the expression " United King^dom"
shall signify Great Britain and Ireland, and the islands of Guernsey. Jersey,
Alderney, Sark, Scilly and Man ; the expression " North America" shall
signify and include the Bermudas, and all ports and places on the eastern
coast of the continent of North America, or in the inlands adjacent or near
thereto, or in the Gulf of Mexico north of the tropic of Cancer ; the expres-
sion " West Indies" shall signify the West India islands, the Enhamas,
British Guiana and Honduras; the expression "governor" shall signify
the person who for the time being shall be lawfully administering the go-
vernment of any Briti^h colony in which he may be acting; the expression
" statute adult" shall signify any person of the age of twelve years or
upwards, or two persons between the ages of one and twelve years; the
expression "passage" shall include all passages except cabin passages; the
expression " passengers" shall include all passensrers except cabin passengers;
and except labourers under indenture to the Hudson's Bay Company, and
their families, conveyed in ships the property of or chartered by the said
company, and no persons shall be deemed cabin passengers unless the space
allotted to their exclusive use shall be in the proportion of at least thirty-six
clear superficial feet to each statute adult, nor unless they shall be mfSiied
throughout the voyage at the same table with the master or first officer of
the ship, nor unless the fare contracted to be paid by them respectively shall
be in the proportion of at least thirty shillings for every week of the length
of the voyage as computed under the provisions of this act for sailing ves^ds
proceeding from the United Kingdom to any place south of the equator, and of
twenty shillings for such vessels proceeding to any place north of the equator,
nor unless they shall have been furnished with a duly signed contract ticket
according to the form in schedule (K.)of this act; the expression "upper
passenger deck" shall signify and include the deck immediately beneath the
upper deck, or the poop or round house and deck house when uie number of
passengers and cabin passengers carried in such poop, round house or deck



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18 & 19 Vict. c. 119. clxxv

house shall exceed one-third of the total naroher of passengers which sach
ship can lawfully carry on the deck next below ; the expression " lower pas-
senger deck," the deck next beneath the upper passenger deck, not being an
orlop deck ; the expression **8hip" sball signify any oescription of sea-going
vessel, whether British or foreign; the expression "passenger ship" shall
(ignify every description of such ship carrying upon any voyage to which
the provisions of this act shall extend more than thirty passengers, or a
greater number of passengers than in the proportion of one statute adult to
every fifty tons of the registered tonnage of such ship if propelled by sails,
or ot one statute adult to every twenty-five tons if propelled by steam ; the
expression " master" shall signify the person who shall be borne on the ship's
articles as roaster, or who, other than a pilot, shall for the time being be in
charge or command of any such ship or *' passenger ship;" and the expression
** emigrant runner" shall signify every person other than a licensed passage
broker or his bondfide salaried clerk, who within any port or place of shipping,
or within ^\q miles of the outer boundaries thereof, for hire or reward, or the
expectation thereof, shall directly or indirectly conduct, solicit, influence or
recommend any intending emigrant to or on behalf of any passage broker,
owner, charterer or mai^ter of a ship, lodging house or tavern or shop keeper,
money changer or other dealer or chapman, for any purpose connected with
the preparations or arrangements for a passage, or shall give or pretend to
give to such intending emigrant any information or assistance in any way
relating to emigration.

IV. This act shall extend to every "passenger ship" proceeding on any TowhatTwself
voyage from the United Kingdom to any place out of Europe, and not being "f g^tJj5«' *****
within the Mediterranean Sea, and on every colonial voyage as hereinafter
described, and, in the particulars mentioned or referred to in sections one
hundred, one hundred and one and one hundred and two, to every ship
bringing passengers into the United Kingdom from any place out of Europe
and not being within the Mediterranean Sea; but shall not extend to any of
her Majesty's ship;* of war, nor to any ships in the service of the commis-
sioners for executing the office of Lord High Admiral of the United Kingdom,
nor to any ship of war or transport in the service of the East India Ccnnpany,
nor to any steam- vessel regularly employed in the conveyance of the jiublic
mails under an existing contract with the government of the state or colony
to which such steuut-vessel may belong, provided the master thereof shall,
on demand, produce to the emigration officer at the port of clearance or port
of departure a certificate of exemption, in the form given in schedule (A.)
hereto annexed, nndcr the hand of the Postmaster-General of the United
Kingdom, or of some person deputed by him for the purpose, or in the case
of a colony, under the hand of the governor thereof, or iu the case of a
foreign state, under the hand of the postmaster-general or other competent
goverment officer whose signature shall be authenticated by the signature of
a British consular o£5cer in such foreign state.

v. Such certiBcate of exemption shall be issuable at the discretion of the Penalty on
officer authorized to grant the same as hereinbefore mentioned, and shall '^jn** Jliflcatef
remain iu force for the period specified therein, unless sooner revoked, or or using fraudu-
unless the vessel for which it shall have been issued shall sooner cease to be lent certiflcaui.
employed in carrying the public mails; and if any person shall make or
attempt to make any fraudulent use of any such certificate, or shall forge,
counterfeit, alter or erase the whole or any part thereof, or shall use or
attempt to use any spurious or fraudulent certificate, the person so offending,
and every person aiding and abetting in such offence, shall be liable to a
penalty not exceeding five hundred pounds sterling, and the vessel for which
the exemption is claimed shall not be cleared out until all the requirements
of this act have been complied with.

VI. And whereas by a warrant under her Majesty's sign manual, bearing commistionen



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clxxvi



APPENDIX.



of emigration to
carry this act
into execution.



Emigration com*
mittionert may
sue and be sued
in the name of
their secretary,
ftc.



Commissioners,
8cc. exempt from
liability.



Emigration
officers and as-
sistants to act
under the com-
missioners, &c.
but existing ap-
pointments to
continue until
revolced.



date on the twenty-seveDth day of November, one thousand eight hozidred
and forty-seven, her Majesty was pleased to appoint certain persons therein
named, under the style of *' The Colonial Land and Emigration Comrois-
sioners,'* to be, during her Majesty's pleasure, commissiooers in the United
Kingdom for the sale of the waste lands of the crown of her Majesty's
colonies, and for superintending the emigratiou of the poorer cla^ees of her
Majesty's subjects to such colonies ; and whereas it is expedient tijat Fuch
commissioners should be empowered to carry this act into execution : Be it
therefore enacted, that the said commissioners, and their successors for the time
being, shall and they are hereby empowered to carry this act into execution ;
and that for all legal and other purposes it shall be sufficient to describe Mich
commissioners by the style of " The Emigration Commissioners."

YII. The said emigration commissioners for the time being may sue and
be sued in the name of their secretary, or of any one of such commissioners
for the time being, and legal or equitable proceedings taken by or against the
said commissioners in the name of any one of them or of their secretary sliaO
not abate nor be discontinued by the death or removal of such secretary or
commissioner, but the secretary tor the time being, or any one of such com-
missioners, shall always be deemed to be the plaintiff or defendant (as the



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 86 of 101)