tioned by Board of Trade. For the purpose of erecting and repairing lighthouses, and other extraordinary expenses, Treasury may advance money. Power to Trade to bor- the credit of fund. Power to sioners to advance money on the credit of the fund. ment expenses as aforesaid, or included in estimates or accounts approved by the Board of Trade. 424. For the purpose of the construction and repair of lighthouses, and of other extraordinary expenses connected with the said services, the Treasury are authorized from time to time, upon the application of the Board of Trade, to advance out of the growing produce of the Consolidated Fund of the United Kingdom such sums of money, upon such terms and at such rate of interest as they think fit, and to pay the same into the Mercantile Marine Fund account, so nevertheless that the whole sum for the time being due in respect of such advances shall never at any one time exceed two hundred thousand pounds; and upon any advance being so made the sum so advanced and the interest shall be a charge on the Mercantile Marine Fund, and upon the dues, rates, fees, and payments so to be carried thereto as aforesaid; and the Board of Trade shall make such provision for the repayment thereof out of the said fund, either by forming a sinking fund or otherwise, as the Treasury may require; provided that no such advance shall prevent any lawful reduction of any of the said dues, rates, fees, or payments, if such reduction be assented to by the Treasury. 425. The Board of Trade may also, for the purpose last aforesaid, raise money by mortgaging the Mercantile Marine Fund, and the several dues, rates, fees, and payments so to be carried thereto as aforesaid, or any of them, or any part thereof, to any person or body of persons; and every such mortgage shall be in such form, and under the hand and seal of such person or persons, as the president of the said Board for the time being may direct; and no person or body of persons lending money upon any such mortgage shall be bound to see to the purpose for which the same is raised, or to the mode in which it is applied. 426. The Public Works Loan Commissioners may also, for the purpose Public Works last aforesaid, advance money upon mortgage of the said Mercantile Loan Commis- Marine Fund, and the several dues, rates, fees, and payments so to be carried thereto as aforesaid, or any of them, or any part thereof, without requiring any further security than such mortgage as aforesaid; but every mortgage so made to the said Public Works Loan Commissioners, or their secretary for the time being, shall be made under and in pursuance of the acts of Parliament regulating the proceedings of the said Public Works Loan Commissioners, anything herein contained to the contrary notwithstanding Provided, that no advance which may be made by the said Public Works Loan Commissioners shall prevent any lawful reduction of any of the said dues, rates, fees, or payments, if such reduction is assented to by the said Public Works Loan Commissioners. Lighthouse authorities to Board of Accounts of fund to be audited by commissioners of audit. 427. Each of the said general lighthouse authorities shall account to the Board of Trade for their receipts from the said light dues and ballastage rates, and for their expenditure as regards expenses paid out of the said fund, in such form, and at such times, and with such details, explanations, and vouchers, as the Board of Trade requires, and shall, when required by such Board, permit all books of accounts kept by or under their respective direction to be inspected and examined by such persons as the said Board appoints for that purpose (h). 428. The Board of Trade shall render to the commissioners for auditing the public accounts periodical accounts of the whole of the receipts and expenditure of the Mercantile Marine Fund, such accounts to be signed and declared to by the accountant appointed by the Board of Trade for that purpose; and in case of default it shall be lawful for the Treasury to (h) See the M. S. Act, 1862, s. 47. make or direct such allowance as under the circumstances of the case they may think fit in respect thereof. 429. The Board of Trade shall as soon as practicable after the meeting Accounts to be of Parliament in every year cause the account of the Mercantile Marine laid before Fund for the then preceding year to be laid before both Houses of Par- Parliament. liament. 430. All lighthouses, buoys, beacons, and light dues, and all other rates, Property used fees, or payments accruing to or forming part of the said fund, and all for the purpremises or property belonging to or occupied by any of the said general poses of Parts III. and VI. lighthouse authorities or the Board of Trade, which are used or applied for of Act to be the purposes of any of the services for which such dues, rates, fees, and exempt from payments are received, and all instruments or writings used by or under all rates and the direction of any of the said general lighthouse authorities or the taxes. Board of Trade in carrying on the said services, shall be exempted from all public, parochial and local taxes, duties and rates of every kind (i). 431. The ships (i) belonging to or used by any of the said general light- Ships of lighthouse authorities, or by the Board of Trade, shall be privileged to enter, house authoriresort to, and use any harbours, ports, docks, or piers in the United Kingties exempt dom, without payment of any tolls, dues, or rates of any kind. from harbour dues. PART VIII. WRECKS, CASUALTIES AND SALVAGE. Inquiries into Wrecks. 432. In any of the cases following, (that is to say,) Whenever any ship is lost, abandoned, or materially damaged on or near the coasts of the United Kingdom; Whenever any ship causes loss or material damage to any other ship on or near such coasts; Whenever by reason of any casualty happening to or on board of any ship on or near such coasts loss of life ensues; Whenever any such loss, abandonment, damage, or casualty happens elsewhere, and any competent witnesses thereof arrive or are found at any place in the United Kingdom : It shall be lawful for the inspecting officer of the coast guard or the principal officer of customs residing at or near the place where such loss, abandonment, damage, or casualty occurred, if the same occurred on or near the coasts of the United Kingdom, but if elsewhere at or near the place where such witnesses as aforesaid arrive or are found or can be conveniently examined, or for any other person appointed for the purpose by the Board of Trade, to make inquiry respecting such loss, abandonment, damage, or casualty; and he shall for that purpose have all the powers given by the first part of this act to inspectors appointed by the said Board. Inquiries into Inquiries to be instituted in cases of wreck and casualty. 433. If it appears to such officer or person as aforesaid, either upon or Formal inveswithout any such preliminary inquiry as aforesaid, that a formal investi- tigation before gation is requisite or expedient, or if the Board of Trade so directs, he justices. shall apply to any two justices or to a stipendiary magistrate to hear the case; and such justices or magistrate shall thereupon proceed to hear and try the same, and shall for that purpose, so far as relates to the summoning of parties, compelling the attendance of witnesses, and the regulation of the proceedings, have the same powers as if the same were a proceeding relating to an offence or cause of complaint upon which they or he have power to make a summary conviction or order, or as near thereto as (i) See the M. S. Act, 1862, s. 48. Power to appoint nautical assessor. Stipendiary magistrate to be the magis trate who is member of circumstances permit; and it shall be the duty of such officer or person as aforesaid to superintend the management of the case, and to render such assistance to the said justices or magistrate as is in his power; and, upon the conclusion of the case, the said justices or magistrate shall send a report to the Board of Trade, containing a full statement of the case and of their or his opinion thereon, accompanied by such report of or extracts from the evidence, and such observations (if any) as they or he may think fit (k). 434. In cases where nautical skill and knowledge are required the Board of Trade shall have the power, either at the request of such justices or magistrate, or at its own discretion, to appoint some person of nautical skill and knowledge to act as assessor to such justices or magistrate; and such assessor shall, upon the conclusion of the case, either signify his concurrence in their report by signing the same, or if he dissents therefrom shall signify such dissent and his reasons therefor to the Board of Trade (1). 435. In places where there is a local marine board, and where a stipendiary magistrate is a member of such board, all such investigations as aforesaid shall, whenever he happens to be present, be made before such magistrate; and there shall be paid to such magistrate in respect of his services under this act such remuneration, whether by way of annual Board, and to increase of salary or otherwise, as her Majesty's Secretary of State for be paid. the Home Department, with the consent of the Board of Trade, may direct; and such remuneration shall be paid out of the Mercantile Marine Fund. Local Marine Costs of such 436. The said justices or magistrate may make such order with respect investigations. to the costs of any such investigation or any portion thereof as they or he may deem just, and such costs shall be paid accordingly, and shall be recoverable in the same manner as other costs incurred in summary proceedings before them or him; and the Board of Trade may, if in any case it thinks fit so to do, pay the expense of any such investigation, and may pay to such assessor as aforesaid such remuneration as it thinks fit (m). Investigations in Scotland. Master or mate may be required to deliver certificate to be held until close of inquiry. 437. In the case of any such investigation as aforesaid to be held in Scotland, the Board of Trade may, if it so thinks fit, remit the same to the Lord Advocate to be prosecuted in such manner as he may direct (n). . 438. Such justices or magistrate as aforesaid may, or in Scotland such person or persons, as is or are directed by the Lord Advocate to conduct the investigation may, if they or he think fit, require any master or mate possessing a certificate of competency or service whose conduct is called in question, or appears to them or him likely to be called in question in the course of such investigation, to deliver such certificate to them or him, and they or he shall hold the certificate so delivered until the conclusion of the investigation, and shall then either return the same to such master or mate, or if their report is such as to enable the Board of Trade to cancel or suspend such certificate under the powers given to such Board by the third part of this act, shall forward the same to the Board of Trade, to be dealt with as such Board thinks fit; and if any master or mate fails so to deliver his certificate when so required, he shall incur a penalty not exceeding fifty pounds. (k) See Ex parte Ferguson, L. R., 6 Q. B. 280. (1) Section 434 is repealed by sect. 45 of the M. S. Act, 1876. See the M. S. Act, 1876, s. 30. (m) The words in italics in this section are repealed by the Statute Law Revision Act, 1878. (n) The remainder of this section is repealed by sect. 45 of the M. S. Act, 1876. Appointment and Duties of Receivers. 439. The Board of Trade shall throughout the United Kingdom have the general superintendence of all matters relating to wreck; and it may, with the consent of the Commissioners of her Majesty's Treasury, appoint any officer of customs or of the coast guard, or any officer of inland revenue, or, when it appears to such Board to be more convenient, any other person, to be a receiver of wreck in any district, and to perform such duties as are hereinafter mentioned, and shall give due notice of every such appointment (o). 440. No admiral, vice-admiral or other person, under whatever denomination, exercising Admiralty jurisdiction, shall as such, by himself or his agents, receive, take, or interfere with any wreck except as hereinafter mentioned. ceiver when any ship is distress. stranded or in 441. Whenever any ship or boat is stranded or in distress at any place Duty of reon the shore of the sea or of any tidal water within the limits of the United Kingdom, the receiver of the district within which such place is situate shall, upon being made acquainted with such accident, forthwith proceed to such place, and upon his arrival there he shall take the command of all persons present, and assign such duties to each person, and issue such directions, as he may think fit with a view to the preservation of such ship or boat, and the lives of the persons belonging thereto, and the cargo and apparel thereof; and if any person wilfully disobeys such directions, he shall forfeit a sum not exceeding fifty pounds; but it shall not be lawful for such receiver to interfere between the master of such ship or boat and his crew in matters relating to the management thereof, unless he is requested so to do by such master. 442. The receiver may, with a view to such preservation as aforesaid of the ship or boat, persons, cargo and apparel, do the following things; (that is to say,) (1.) Šummon such number of men as he thinks necessary to assist him: (2.) Require the master or other person having the charge of any ship or boat near at hand to give such aid with his men, ship or boats as may be in his power: (3.) Demand the use of any waggon, cart, or horses that may be near at hand: And any person refusing without reasonable cause to comply with any summons, requisition, or demand so made as aforesaid, shall for every such refusal incur a penalty not exceeding one hundred pounds; but no person shall be liable to pay any duty of assessed taxes in respect of any such waggon, cart, or horses by reason of the user of the same under this section. Powers of receiver in case of such accident to any ship or boat. All articles washed on shore, or lost, any ship or or taken from 443. All cargo and other articles belonging to such ship or boat as aforesaid that may be washed on shore, or otherwise be lost or taken from such ship or boat, shall be delivered to the receiver (p); and any person, whether he is the owner or not, who secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the receiver or to boat, to be deany person authorized by him to demand the same, shall incur a penalty livered to the not exceeding one hundred pounds; and it shall be lawful for such receiver. receiver or other person as aforesaid to take such cargo or article by force from the person so refusing to deliver the same. 444. Whenever any such accident as aforesaid occurs to any ship or Power of reboat, and any person plunders, creates disorder, or obstructs the preserva- ceiver to suption of such ship, boat, lives, or cargo as aforesaid, it shall be lawful for press plunder the receiver to cause such person to be apprehended, and to use force for (0) See the M. S. Repeal Act, 1854, S8. 10-13. APPDX. (p) See the Fisheries (Ireland) Act, and disorder by force. Certain officers to exercise powers of receiver in his absence. Power in case of a ship being in distress to pass over adjoining lands with carriages. Penalty on owners and occupiers of land refusing to allow carriages, &c., to pass over their land. Power of receiver to institute ex the suppression of any such plundering, disorder, or obstruction as aforesaid, with power to command all her Majesty's subjects to assist him in the use of such force; and if any person is killed, maimed, or hurt by reason of his resisting the receiver in the execution of the duties hereby committed to him, or any person acting under his orders, such receiver or other person shall be free and fully indemnified as well against the Queen's Majesty, her heirs and successors, as against all persons so killed, maimed or hurt. 445. During the absence of the receiver from the place where any such accident as aforesaid occurs, or in places where no receiver has been appointed under this act, the following officers in succession, each in the absence of the other, in the order in which they are named, that is to say, any principal officer of customs or of the coast guard, or officer of inland revenue, and also any sheriff, justice of the peace, commissioned officer on full pay in the naval service of her Majesty, or commissioned officer on full pay in the military service of her Majesty, may do all matters and things hereby authorized to be done by the receiver, with this exception, that with respect to any goods or articles belonging to any such ship or boat, the delivery up of which to the receiver is hereinbefore required, any officer so acting shall be considered as the agent of the receiver, and shall place the same in the custody of the receiver; and no person so acting as substitute for any receiver shall be entitled to any fees payable to receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled. 446. Whenever any such accident as aforesaid occurs to any ship or boat, all persons may, for the purpose of rendering assistance to such ship or boat, or saving the lives of the persons on board the same, or the cargo or apparel thereof, unless there is some public road equally convenient, pass and repass either with or without carriages or horses over any adjoining lands, without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on such lands any cargo or other article recovered from such ship or boat; and all damage that may be sustained by any owner or occupier in consequence of any such passing or repassing or deposit as aforesaid shall be a charge on the ship, boat, cargo or articles in respect of or by which such damage was occasioned, and shall, in default of payment, be recoverable in the same manner as salvage is hereby made recoverable; and the amount payable in respect thereof, if disputed, shall be determined in the same manner as the amount of salvage is hereby in case of dispute directed to be determined. 447. If the owner or occupier of any land over which any person is hereby authorized to pass or repass for any of the purposes herein before mentioned does any of the following things; (that is to say,) (1.) Impedes or hinders any such person from so passing or repassing, with or without carriages, horses, and servants, by locking his gates, refusing, upon request, to open the same, or otherwise however: (2.) Impedes or hinders the deposit of any cargo or other article recovered from any such ship or boat, as hereinbefore mentioned: (3.) Prevents such cargo or other article from remaining so deposited for a reasonable time, until the same can be removed to a safe place of public deposit: He shall for every such offence incur a penalty not exceeding one hundred pounds. 448. Any receiver, or in his absence any justice of the peace, shall, as soon as conveniently may be, examine upon oath (which oath they are hereby respectively empowered to administer) any person belonging to any |