or acts, to any other places whatsoever, to be also specified in such act or acts, and also in like manner to authorize the substitution, as respects such voyages, of other articles of food and provisions for those herein before enumerated; and to declare the rule of computation by which the length of any such voyage shall be estimated; and to determine the persons or officers who in such territories shall be entitled to exercise or perform the powers, functions, or duties herein before given to or imposed upon the emigration officers and officers of customs in the United Kingdom; and to authorize the employment on board any ship of a medical practitioner duly qualified by law to practise as a physician, surgeon, or apothecary within such territories; and to declare for the purposes of this act the space necessary for passengers, and the age at which two children shall be considered equal to one statute adult, in ships that may clear out from any port or place within such territories; and also to declare in what manner, and before what authorities, and by what form of proceedings, the penalties imposed and the sums of money made recoverable by this act shall be sued for and recovered within such territories, and to what uses such penalties shall be applied: and on the passing of such Indian act or acts, and whilst the same shall remain in force, all such parts of this act as shall be adopted therein shall apply to and extend to the carriage of passengers upon such voyages as in the said Indian act or acts shall be specified. The provisions of such Indian act shall be enforced in all her Majesty's possessions in like manner as the provisions of this act may be enforced: Every such Indian act shall be subject to disallowance and repeal, and shall in the same manner be transmitted to England, to be laid before both Houses of Parliament, as in the case of any other law made by the GovernorGeneral in council. 100. The master of every ship bringing passengers into the United Kingdom from any place out of Europe, and not within the Mediterranean Sea, shall, within twenty-four hours after arrival, deliver to the emigration officer or his assistant, or in their absence to the chief officer of customs at the port of arrival, a correct list, signed by such master, and specifying the names, ages, and callings of all the passengers embarked, and also the port or ports at which they respectively may have embarked, and showing which, if any of them, may have died, with the supposed cause of death, or been born on the voyage; and if any master shall fail so to deliver such list, or if the same shall be wilfully false, he shall, on conviction, as hereinbefore mentioned, be liable to a penalty not exceeding fifty pounds. [The remainder of this section is repealed by the Registration of Births and Deaths Act, 1874 (37 & 38 Vict. c. 88), s. 54 (d).] 101. If any ship bringing passengers into the United Kingdom from any place out of Europe shall have on board a greater number of passengers or persons than in the proportions respectively prescribed in the fourteenth section of this act for ships carrying passengers from the United Kingdom, the master of such ship shall be liable, on such conviction as herein before mentioned, to a penalty not exceeding ten pounds nor less than five pounds for each such person or statute adult constituting any such excess. 102. The master of every passenger ship bringing passengers into the United Kingdom from any place out of Europe shall make to each statute adult during the voyage, including the time of detention, if any, at any port or place before the termination thereof, issues of pure water and of good and wholesome provisions in a sweet condition, in quantities not less in amount than is prescribed in the thirty-fifth section of this act for passengers proceeding from the United Kingdom; and in case of noncompliance with any of the requirements of this section the master of such ship shall, on such conviction as herein before mentioned, be liable for each offence to a penalty not exceeding fifty pounds. (d) See the Registration of Births and Deaths Act, 1874, s. 37. 103. The schedules to this act shall be deemed to be part of this act, Schedules to and all the directions therein contained shall be duly followed and en- be part of the forced, under a penalty not exceeding ten pounds on the person failing to act. obey the same respectively. [SCHEDULE A. is repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66); the forms contained in the other schedules are set out post, "Forms," No. 32. 19 & 20 VICT. c. 41. An Act to make further Provision for the Establishment of Savings establish 1. The Board of Trade may establish in London a central savings bank Power to for seamen, together with branch savings banks at such ports and places Board of in the United Kingdom as they may think expedient, and they may receive Trade to at such banks deposits from or on account of seamen, or the wives, widows, savings banks and children of seamen, so, however, that the aggregate amount of deposit for seamen. standing at any one time in the name of any one depositor shall not exceed two hundred pounds. stitute shipping offices branch savings banks. 2. The Board of Trade may constitute any shipping office established Power to conunder the Merchant Shipping Act, 1854, a branch savings bank for the purposes of this act, and may require any shipping master belonging to such office to act as agent of the said board in carrying this act into effect, and his duties as such agent shall thereupon be deemed to be part of his duties within the meaning of the Merchant Shipping Act, 1854. 3. The Commissioners for the Reduction of the National Debt may from Commissioners time to time, on the request of the Board of Trade signified by writing by for Reduction one of the secretaries or assistant secretaries of such board, receive from of National her Majesty's Paymaster General the monies received by the said board Debt to receive deposits as deposits in savings banks established under this act; and may also and pay intefrom time to time, on the like request signified in like manner, repay to rest. her Majesty's Paymaster General to the account of the said board the monies so received by them as aforesaid; and the said commissioners shall invest all monies so received by them as aforesaid in the same manner in which monies received from trustees of savings banks are invested by them, and shall pay to her Majesty's Paymaster General, to the account of the Board of Trade, interest upon the monies so received by them as aforesaid so long as the same continue in their hands, at the same rate at which they pay interest for the time being upon the monies received by them from the trustees of savings banks. (e) Sect. 180. Board of conduct of savings banks. 4. The Board of Trade may make and from time to time alter such Trade to make regulations as they may think fit with respect to the persons entitled to regulations for become depositors, to the making and withdrawal of deposits, the amount of deposits, the rate and payment of interest, the rights, claims, and obligations of depositors, and with respect to all other matters incidental to carrying this act into execution; and all regulations so made shall be binding on the parties interested in the subject matter thereof to the same extent as if such regulations formed part of this act; and no legal proceeding shall be instituted against the Board of Trade, or against any shipping master or other public officer employed on or about such savings banks, on account of any such regulations, or on account of any act done or left undone in pursuance thereof, or on account of any refusal, neglect, or omission to pay any deposit or interest thereon, unless such refusal, neglect, or omission arise from fraud or wilful misbehaviour on the part of the person against whom proceedings are instituted. Application of deposits of deceased depositor. Punishment for forgery or for making false representations in order to obtain deposits or interest. Expenses of act how to be defrayed. Accounts and copy of regulations to be laid before Parliament. Mode of criminal pro ceeding. 5. All sums of money due from the Board of Trade to the estate of any deceased person entitled to any deposit in any savings bank established under this act shall be paid and applied by such board to the same persons to whom and in the same manner and subject to the same conditions on and subject to which the money and effects of a deceased seaman are payable and applicable under the provisions of the Merchant Shipping Act, 1854. 6. Every person who, for the purpose of obtaining, either for himself or for another, any money deposited in any savings bank established under this act, or any interest thereon, forges, assists in forging, or procures to be forged, or fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any document purporting to show or assist in showing a right to any such money or interest, and every person who for the purpose aforesaid makes use of any such forged or altered document as aforesaid, or who for the purpose aforesaid gives or makes, or procures to be given or made, or assists in giving or making or procuring to be given or made, any false evidence or representation, knowing the same to be false, shall on conviction be punishable with penal servitude for a term not exceeding four years, or with imprisonment, with or without hard labour, for any period not exceeding two years, or, if summarily prosecuted and convicted, by imprisonment, with or without hard labour, for any period not exceeding six months. 7. The Board of Trade may, out of the interest paid by the Commismissioners for the Reduction of the National Debt on the monies paid to them under this act, pay any expenses incurred in carrying this act into effect. 8. An annual account of all deposits received and repaid by the Board of Trade under the authority of this act, and of the interest thereon, shall be laid before both Houses of Parliament; and a copy of all regulations made by this board under the authority of this act shall likewise be laid before both Houses of Parliament. 9. All criminal proceedings under this act shall be carried on in the same 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. 19 & 20 VICT. c. 97. An Act to amend the Laws of England and Ireland affecting Trade "WHEREAS inconvenience is felt by persons engaged in trade by reason 8. In relation to the rights and remedies of persons having claims With referfor repairs done to, or supplies furnished to or for, ships, every port ence to the rewithin the United Kingdom of Great Britain and Ireland, the Islands pairs of ships of Man, Guernsey, Jersey, Alderney and Sark, and the islands adjacent to any of them, being part of the dominions of her Majesty, shall be deemed a home port (e). every port within the United Kingdom, &c. a home port. 16. In citing this act it shall be sufficient to use the expression "The Short title. Mercantile Law Amendment Act, 1856." 17. Nothing in this act shall extend to Scotland. 24 VICT. c. 10 (ƒ). An Act to extend the Jurisdiction and improve the Practice of the (e) See the Mercantile Law Amendment Act (Scotland), 1856 (19 & 20 Vict. c. 60), s. 18. (ƒ) This important act resulted from a bill framed, and introduced into the House of Commons, in the Session of 1859, by Mr. Digby Seymour, Q.C., then sitting as member for Southampton. The 3 & 4 Vict. c. 65, contains in sects. 3, 4, and 6 the enactments printed below: "3. And be it enacted, that after the passing of this act, whenever any ship or vessel shall be under arrest by process issuing from the said High Court of Admiralty, or the proceeds of any ship or vessel having been so arrested shall have been brought into and be in the registry of the said Court, in either such case the Court shall have full jurisdiction to take cognizance of all claims and causes of action of any person in respect of any mortgage of such ship or vessel, and to decide any suit instituted by any such person in respect of any such claims or causes of action respectively. Extent of act. Whenever a claims of mort- possession, salvage, &c. "4. And be it enacted that the said Court of Admiralty shall have jurisdiction Court to decide to decide all questions of the title or ownership of any ship or vessel, or the questions of title proceeds thereof, remaining in the registry, arising in any cause of possession, in all causes of salvage, damage, wages, or bottomry, which shall be instituted in the said Court after the passing of this act." "6. And be it enacted that the High Court of Admiralty shall have jurisdic- The Court in tion to decide all claims or demands whatsoever in the nature of salvage for certain cases services rendered to or damage received by any ship or sea-going vessel, or in may adjudicate the nature of towage, or for necessaries supplied to any foreign ship or sea-going services and vessel, and to enforce the payment thereof, whether such ship or vessel may necessaries have been within the body of a county or on the high seas when the services were although not on the high seas. rendered, or damage received, or necessaries furnished, in respect of which any such claim is made." (9) See the Judicature Act, 1873 (36 & 37 Vict. c. 66), ss. 3, 16, 34, 42, 44. 4 P APPDX. on claims for Short title. Interpretation of terms. Commence ment of act. As to claims for building, equipping or repairing of ships. As to claims for necessaries. As to claims cargo im ported. 1. This act may be cited for all purposes as "The Admiralty Court Act, 1861." 2. In the interpretation and for the purposes of this act (if not inconsistent with the context or subject) the following terms shall have the respective meanings hereinafter assigned to them; that is to say, 66 Ship" shall include any description of vessel used in navigation not propelled by oars (h): "Cause shall include any cause, suit, action, or other proceeding in the Court of Admiralty. 3. This act shall come into operation on the first day of June, one thousand eight hundred and sixty-one. 4. The High Court of Admiralty shall have jurisdiction (i) over any claim for the building, equipping, or repairing of any ship, if at the time of the institution of the cause the ship or the proceeds thereof are under arrest of the Court. 5. The High Court of Admiralty shall have jurisdiction (i) over any claim for necessaries (k) supplied to any ship elsewhere than in the port to which the ship belongs, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or Wales (?). Provided always, that if in any such cause the plaintiff do not recover twenty pounds he shall not be entitled to any costs, charges, or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court (m). 6. The High Court of Admiralty shall have jurisdiction (n) over any for damage to claim by the owner or consignee or assignee (o) of any bill of lading of any goods carried into (n) any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master or crew of the ship, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or Wales: Provided always, that if in any such cause the plaintiff do not recover twenty pounds he shall not be entitled to any costs, charges, or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court (m). 7. The High Court of Admiralty shall have jurisdiction (p) over any claim for damage done by any ship. 8. The High Court of Admiralty shall have jurisdiction to decide all questions arising between the co-owners (q), or any of them, touching the ownership, possession, employment and earnings of any ship registered at any port in England or Wales, or any share thereof, and may settle all accounts outstanding and unsettled between the parties in relation thereto, and may direct the said ship or any share thereof to be sold (r), and may make such order in the premises as to it shall seem fit. (h) See the M. S. Act, 1854, s. 2. (k) See The Riga, L. R., 3 A. & E. (1) See Ex parte Michael, L. R., 7 Q. B. 658. (m) See the County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 9; Rules of the Supreme Court, Order LV.; and Garnett v. Bradley, 3 App. Cas. 944. (n) See The Pieve Superiore, L. R., 5 P. C. 482, and The Dannebrog, L. R., 4 A. & E. 386. (0) See The St. Cloud, Br. & L. 4. (p) See The Sylph, L. R., 2 A. & E. 24; The Clara Killam, L. R., 3 A. & E. 161; The Industrie, L. R., 3 A & E. 303; The M. Moxham, 1 P. D. 43. (9) See The Lady of the Lake, L. R., 3 A. & E. 29. (r) See The Nelly Schneider, 3 P. D. |