Convoy. sels under con 46. If the master or other person having the command of any ship of Punishment of any of her Majesty's subjects, under the convoy of any of her Majesty's masters of ships of war, wilfully disobeys any lawful signal, instruction, or command merchant vesof the commander of the convoy, or without leave deserts the convoy, he voy disobeying shall be liable to be proceeded against in the High Court of Admiralty at orders or dethe suit of Majesty in her office of Admiralty, and upon conviction to be serting convoy. fined, in the discretion of the Court, any sum not exceeding five hundred pounds, and to suffer imprisonment for such time, not exceeding one year, as the Court may adjudge (ƒ). Customs Duties and Regulations. 47. All ships and goods taken as prize and brought into a port of the United Kingdom shall be liable to and be charged with the same rates and charges and duties of customs as under any act relating to the customs may be chargeable on other ships and goods of the like description; and All goods brought in as prize which would on the voluntary importation thereof be liable to forfeiture or subject to any restriction under the laws relating to the customs, shall be deemed to be so liable and subject, unless the Commissioners of Customs see fit to authorize the sale or delivery thereof for home use or exportation, unconditionally or subject to such conditions and regulations as they may direct. Prize ships and goods liable to duties and forfeiture. goods. 48. Where any ship or goods taken as prize is or are brought into a Regulations of port of the United Kingdom, the master or other person in charge or com- customs to be mand of the ship which has been taken or in which the goods are brought observed as to shall, on arrival at such port, bring to at the proper place of discharge, prize ships and and shall, when required by any officer of customs, deliver an account in writing under his hand concerning such ship and goods, giving such particulars relating thereto as may be in his power, and shall truly answer all questions concerning such ship or goods asked by any such officer, and in default shall forfeit a sum not exceeding one hundred pounds, such forfeiture to be enforced as forfeitures for offences against the laws relating to the customs are enforced, and every such ship shall be liable to such searches as other ships are liable to, and the officers of the customs may freely go on board such ship and bring to the Queen's warehouse any goods on board the same, subject, nevertheless, to such regulations in respect of ships of war belonging to her Majesty as shall from time to time be issued by the Commissioners of her Majesty's treasury. 49. Goods taken as prize may be sold either for home consumption or for exportation; and if in the former case the proceeds thereof, after payment of duties of customs, are insufficient to satisfy the just and reasonable claims thereon, the Commissioners of her Majesty's treasury may remit the whole or such part of the said duties as they see fit. Perjury. 50. If any person wilfully and corruptly swears, declares, or affirms falsely in any prize cause or appeal, or in any proceeding under this act, or in respect of any matter required by this act to be verified on oath, or suborns any other person to do so, he shall be deemed guilty of perjury, or of subornation of perjury (as the case may be), and shall be liable to be punished accordingly. Limitation of Actions, &c. Power for treasury to remit customs duties in cer tain cases. Punishment of persons guilty of perjury. 51. Any action or proceeding shall not lie in any part of her Majesty's Actions against dominions against any person acting under the authority or in the execu- persons executing act not (f) See the Naval Discipline Act, 1866 (29 & 30 Vict. c. 109), s. 31. Jurisdiction of high court of admiralty on petitions of tion or intended execution or in pursuance of this act for any alleged irregularity or trespass, or other act or thing done or omitted by him under this act, unless notice in writing (specifying the cause of the action or proceeding) is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the action or proceeding, nor unless the action or proceeding is commenced within six months next after the act or thing complained of is done or omitted, or, in case of a continuation of damage, within six months next after the doing of such damage has ceased. [The remainder of this section, relating to procedure, it is not considered necessary to set out.] Petitions of Right. 52. A petition of right, under the Petitions of Right Act, 1860, may, if the suppliant thinks fit, be intituled in the High Court of Admiralty (g), in case the subject matter of the petition or any material part thereof right in certain arises out of the exercise of any belligerent right on behalf of the crown, or would be cognizable in a Prize Court within her Majesty's dominions if the same were a matter in dispute between private persons. cases, as in 23 & 24 Vict. c. 34. Power to make orders in council. Order in council to be gazetted, &c. Not to affect rights of crown; effect of treaties, &c. Any petition of right under the last-mentioned act, whether intituled in the High Court of Admiralty or not, may be prosecuted in that Court, if the lord chancellor thinks fit so to direct. The provisions of this act relative to appeal, and to the framing and approval of general orders for regulating the procedure and practice of the High Court of Admiralty, shall extend to the case of any such petition of right intituled or directed to be prosecuted in that Court; and, subject thereto, all the provisions of the Petitions of Right Act, 1860, shall apply, mutatis mutandis, in the case of any such petition of right; and for the purposes of the present section the terms Court" and "judge" in that act shall respectively be understood to include and to mean the High Court of Admiralty and the judge thereof, and other terms shall have the respective meanings given to them in that act. 66 Orders in Council. 53. Her Majesty in council may from time to time make such orders in council as seem meet for the better execution of this act. 54. Every order in council under this act shall be published in the London Gazette, and shall be laid before both houses of parliament within thirty days after the making thereof, if parliament is then sitting, and, if not, then within thirty days after the next meeting of parliament. Savings. 55. Nothing in this act shall- (2.) Affect the operation of any existing treaty or convention with any (3.) Take away or abridge the power of the crown to enter into any treaty or convention with any foreign power containing any stipulation that may seem meet concerning any matter to which this act relates; or (9) See the Judicature Act, 1873 (36 & 37 Vict. c. 66), ss. 3, 16, 34, 42, 44. (4.) Take away, abridge, or control, further or otherwise than as expressly provided by this act, any right, power, or prerogative of her Majesty the Queen in right of her crown, or in right of her office of admiralty, or any right or power of the lord high admiral of the United Kingdom, or of the commissioners for executing the office of lord high admiral; or (5.) Take away, abridge, or control, further or otherwise than as expressly provided by this act, the jurisdiction or authority of a Prize Court to take cognizance of and judicially proceed upon any capture, seizure, prize, or reprisal of any ship or goods, and to hear and determine the same, and, according to the course of admiralty and the law of nations, to adjudge and condemn any ship or goods, or any other jurisdiction or authority of or exerciseable by a Prize Court. Commencement. 56. This act shall commence on the commencement of the Naval Agency Commenceand Distribution Act, 1864 (h). ment of act. 27 & 28 VICT. c. 27. An Act for regulating the Proving and Sale of Chain Cables and [23rd June, 1864.] WHEREAS it is essential, for the better security of lives and property afloat in sea-going ships, to make provision for the proper testing of chain cables and anchors: 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: 1. Any corporation, public body, or company may erect and maintain Power to corproving establishments, apparatus, and machinery suitable for the testing porations, &c. of chain cables or anchors, and may, notwithstanding the provisions of to provide any previous act limiting the amount of money to be raised by such corpo-blishments for proving estaration or public body, or company, raise money for that purpose by way testing chain of loan, secured by mortgage of such establishments, apparatus, and cables, &c. machinery, and of the income to be derived therefrom, or of other property of such corporation, public body, or company: Provided always as follows: (1.) Nothing in this act shall relieve any corporation or public body from the necessity of obtaining for any borrowing by them under this act the consent of any authority or person whose consent is by law requisite to any borrowing by them otherwise than under this act. (2.) Where the consent of any authority or person is not by law requisite to any borrowing by any corporation or public body otherwise than under this act, the consent of the Commissioners of her Majesty's treasury to any borrowing by that corporation or public body under this act is hereby made requisite. (3.) Nothing in this act shall empower any company to borrow money under this act otherwise than in such manner and subject to such restrictions as are prescribed in relation to any borrowing by them for purposes other than the purposes of this act, and if none are prescribed, then in such manner and under such restrictions as may (2) The 27 & 28 Vict. c. 24, which received the Royal Assent on the 23rd of June, 1864. Power to the Trade to grant proving chain licences for cables and anchors, and may suspend or revoke licences. Board of Trade to appoint in time to time. be prescribed by resolution of the company adopted by three-fifths at least of the votes of the shareholders of the company present (personally or by proxy) at a general meeting of the company specially convened for the purpose. (4.) Any mortgage or charge created or to be created under any power existing at the passing of this act on any property of any such corporation, public body or company, other than such establishments, apparatus, and machinery as aforesaid, shall have priority over any mortgage created under the powers of this act on the same property (i). 2. The Lords of the Committee of Privy Council appointed for the consideration of matters relating to trade and foreign plantations, hereafter in this act called the Board of Trade, may from time to time grant to any corporation, public body, or company, person or persons erecting any proving establishment, apparatus, and machinery suitable for the testing of chain cables or anchors licence to test chain cables and anchors under this act, and the board may suspend or revoke any licence so granted, if the board shall see occasion; and the expression tester" in this act applies to every corporation, public body, or company, person or persons to whom such licence shall be granted, so long as such licence continues in force; provided, that such a licence shall not be granted in any case unless and until the proving establishment, apparatus, and machinery erected have been inspected by an inspector appointed as by this act provided, and have been certified by him as proper and efficient for their purposes (i). 3. The Board of Trade shall, as soon after the passing of this act as the services of an inspector for the purposes of this act appear to them to be spectors from required, and afterwards from time to time as vacancies occur, appoint a fit person to act as inspector of proving establishments, apparatus, and machinery under this act, and may from time to time, at pleasure, remove from his office any person so appointed; and such inspector shall, in the execution of his duties, conform to any regulations from time to time made by the Board of Trade. Licences to be renewed annually. Fees payable on licences. As to remuneration of inspector. 4. Any licence granted as aforesaid shall be renewable annually, and the same shall not in any case be renewed in any year unless and until the proving establishment, apparatus, and machinery in respect whereof such licence was granted have been inspected by the inspector within that year, and have been certified by him as proper and efficient for their purposes. 5. On the original grant of every such licence, and on every annual renewal of every such licence, there shall be paid such fee not exceeding fifty pounds as the Board of Trade from time to time appoint; all such fees to be paid to the Board of Trade, and to be by them paid into the receipt of her Majesty's exchequer, and to be carried to and form part of the Consolidated Fund of the United Kingdom (k). 6. The inspector shall receive such salary and allowances as may from time to time be directed by the Board of Trade, with the consent of the commissioners of her Majesty's treasury, out of money to be provided by parliament for the purpose (k)." (i) This section, so far as relates to any public corporation or body not mentioned in the first schedule to the Chain Cables and Anchors Act, 1871 (34 & 35 Vict. c. 101), is repealed by sect. 9 of that act. See the Chain Cables and Anchors Act, 1871, ss. 3, (k) The words in italics are repealed by the Chain Cables and Anchors Act, 1874, s. 8. See sect. 2 of that act. 7. Every tester shall, with all reasonable despatch, subject every chain Tester to test cable or anchor that shall be brought to the proving establishment of such all cables and tester for the purpose of being proved, and (unless the parties interested anchors in. may otherwise agree) in the order in which such chain cables and anchors proper order, and impress respectively shall be so brought, to the same tensile strain as that to which the same with chain cables and anchors respectively of similar size, weight, or description authorized are or shall be subjected before being received for the use of her Majesty's proof mark. naval service, and shall stamp every five fathoms in length of every such chain cable, and also every such anchor, with a stamp or die to be provided for that purpose by the tester, and approved by the Board of Trade, denoting that such chain cable or anchor has been "proved," and which shall bear the mark of the tester (7). 8. Every tester may make such charges for the testing and stamping As to charges with proof mark any chain cable or anchor as such tester may think fit, for testing and not exceeding the scale of charges authorized by the Board of Trade; and affixing proof such tester shall affix upon some conspicuous part of the proving establish- mark. ment a table of the charges so authorized to be taken by such tester; and such table shall be painted upon a board or boards in distinct black letters on a white ground or in white letters upon a black ground, or may be printed in legible characters on paper affixed to such board or boards; and it shall not be lawful for such tester to make any alteration in such table or in any of the charges therein specified until such alteration shall have been approved by the Board of Trade, and the tester shall have caused notice in writing of the intended alteration to be written or printed on paper, and such paper shall have been, for a period of not less than three months, affixed to such table, so that the same shall be clearly legible by all persons who may consult such table. 9. Any tester may detain any chain cable or anchor which shall have Power to been so tested until such charge shall be paid; and if such charge shall tester to denot be paid within three months after the testing of such chain cable or tain chain anchor, the tester may cause such chain cable or anchor to be sold by auction, cable, &c. and shall out of the purchase-money deduct the expenses of such sale, and all other expenses incurred by such tester with respect to such chain cable or anchor, including all lawful charges on the same, and shall pay the surplus thereof (if any), on demand, to the owner of such chain cable or anchor, or to the captain or master of the vessel, or other person on whose application the chain cable or anchor had been tested. 10. When any tester shall have tested and stamped any chain cable or Tester, on apanchor, such tester shall, if requested by the person on whose application plication, to the same was tested, within one month after such testing, make out and deliver, free of charge, to such person a certificate of such testing. give certificate of test. be unlawful 11. From and after the first day of July one thousand eight hundred After 1st July, and sixty-five it shall not be lawful for any maker of or dealer in chain 1865, it shall cables or anchors to sell or contract to sell for the use of any vessel any for makers chain cable whatever or any anchor exceeding in weight one hundred and and dealers to sixty-eight pounds, unless such chain cable or anchor shall have been sell unproved previously tested and duly stamped in accordance with the provisions of chain cables this act; and if any person acts in contravention of this provision he shall and anchors. for every such offence, upon a summary conviction for the same before a justice of the peace, or in Scotland before any sheriff, justice, or magistrate, be liable to a penalty not exceeding fifty pounds (m). (7) See the Chain Cables and Anchors Act, 1871, s. 5, and the Chain Cables and Anchors Act, 1874, ss. 6, 7. (m) See the Chain Cables and Anchors Act, 1871, s. 7, and the Chain Cables and Anchors Act, 1874, ss. 3-5. |