Persons com mitting certain offences deemed guilty of a misde meanor. Act not to relieve makers 12. If any person shall stamp or assist in stamping any chain cable or anchor with the stamp of any tester, or with a stamp or mark purporting to be the stamp of any tester, without the authority of the tester whose stamp shall have been so used or counterfeited, or with any other stamp or mark, for the purpose or with the intention of passing such chain cable or anchor, or of allowing or assisting in the same being passed as a chain cable or anchor duly tested and stamped under the powers of this act, or if any person, knowing any such chain cable or anchor to have been so wrongfully marked or stamped as aforesaid, shall sell the same, or shall deliver the same to any person to be taken or used as part of the equipment of any vessel, or if any person shall write out and deliver to any person any certificate or document purporting to be a certificate under this act, that any chain cable or anchor has been tested and stamped under the provisions of this act, knowing that the chain cable or anchor referred to in such certificate or document had not been so tested or stamped, every person so offending shall be guilty of a misdemeanor, or in Scotland of an offence, and for every such misdemeanor or offence shall be liable, in the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. 13. No maker of, or dealer in, chain cables or anchors, shipowner, or other person, shall by reason of this act, or of anything done thereunder, from responsi- be relieved from any responsibility in respect of any chain cable or anchor made, sold, or used by him to which, but for this act, he would have been subject. bility. Act not to affect admiralty contracts. Term of act. 14. Nothing in this act shall affect any contracts which may be made by the Lords Commissioners of the Admiralty for the supply of any chain cables or anchors to any of her Majesty's dockyards or for the use of any of her Majesty's ships. 15. This act shall continue in force to the first day of July one thousand eight hundred and seventy-two, and no longer (n). Short title. Interpretation of terms. 28 & 29 VICT. c. 125. An Act for the Regulation of Dockyard Ports. [6th July, 1865.] BE it 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. This act may be cited as "The Dockyard Ports Regulation Act, 1865." 2. In this act The term "dockyard port" means any port, harbour, haven, roadstead, sound, channel, creek, bay, or navigable river of the United Kingdom in, on, or near to which her Majesty now or at any time hereafter has any dock, dockyard, steam factory yard, victualling yard, arsenal, wharf, or mooring: (n) This section is repealed by the joint operation of the Chain Cables and Anchors Act, 1871, s. 9, and the 35 & 36 Vict. c. 30. See the Chain Cables and Anchors Act, 1871, s. 11, which provides that the Act of 1864, as amended by the Act of 1871, shall be perpetual. The term "vessel" includes ship, boat, lighter, and craft of every kind, however propelled: The term "master" applied to a vessel means the person having the command or charge of the vessel for the time being: The term "justice" and the term "magistrate" respectively mean a justice of the peace and a magistrate acting for the place where the matter requiring the cognizance of a justice or magistrate arises: The term "sheriff" means the sheriff depute of the county or ward of a county in Scotland, and the steward depute of the stewartry in Scotland in which the matter submitted to the cognizance of the sheriff arises, and includes the substitute of a sheriff or steward depute: The term "the admiralty" means the lord high admiral of the United Kingdom or the commissioners for executing the office of lord high admiral. 3. It shall be lawful for her Majesty in council, from time to time, by Power to deorder in council, to define the limits of a dockyard port for the purposes fine limits. of this act (o). 4. The admiralty may from time to time appoint for each dockyard Appointment port a fit person to superintend the execution of this act, and otherwise of Queen's to protect the port, to be called the Queen's harbour master for the harbour respective port (p). 5. In relation to any dockyard port it shall be lawful for her Majesty in council, from time to time, by order in council, to make regulations for all or any of the following purposes; namely, To prohibit the mooring or anchoring of vessels so as to obstruct navigation into, in, or out of the port: To appropriate any space as a mooring place or anchoring ground for the exclusive use of her Majesty's vessels, but not so as to authorize any user of such space in such manner as to obstruct navigation into, in, or out of the port: To prohibit or restrict the having of gunpowder and the having or discharging of shotted or loaded guns on board any vessel in any specified part of the port, and to regulate the loading and unloading of gunpowder in the port: To restrict the use of fire and light, and the having of tar, oil, or other combustible substances on board any vessel, in any specified part of the port: To prohibit the navigating of steam vessels at a greater than a specified speed in any specified part of the port: To require the presence of at least one person at all hours of the day and night on board every vessel above a specified size moored, anchored, or placed in any specified part of the port: To prohibit or regulate the breaming of vessels in any specified part of the port: And for such other purposes as from time to time seem necessary with a view to the proper protection of her Majesty's vessels, dockyards, or property, or to the requirements of her Majesty's naval service (q). masters. Port regulations to be made by orders in council. 6. Any such order in council may impose such reasonable penalties Penalties in as seem fit, not exceeding for any offence ten pounds; but any provision such orders. imposing a penalty shall be so framed that part only of the penalty may be ordered to be paid. (0) See post, "Orders in Council." (P) See the M. S. Act, 1867, s. 12. APPDX. (q) See post, "Orders in Council." 4 S Orders in council to be made as to tion of colli 7. In relation to any dockyard port it shall be lawful for her Majesty in council, from time to time, by order in council, on the joint recommendation of the admiralty and the Board of Trade, to make rules lights, preven- concerning the lights or signals to be carried or used, and the steps for sion, &c., with avoiding collision to be taken, by her Majesty's vessels and other vessels concurrence of navigating the waters of the port and of the approaches thereto; and such rules shall, with respect to her Majesty's vessels and other vessels navigating those waters, have the same effect as if they had been regulations originally contained in Table (C.) in the schedule to the Merchant Shipping Act Amendment Act, 1862, or were regulations duly substituted for the same, and as if such original or substituted regulations applied to her Majesty's vessels as well as to other vessels (q). Board of 25 & 26 Vict. As to the printing and sale of orders. Publication of orders. Effect of order. Power for bour master to unmoor vessels, &c. Power to search, &c. Power to remove wreck, &c. Power to re move unser viceable vessels. 8. The admiralty shall cause printed copies of every order in council under this act relative to any dockyard port to be provided, and to be sold at a reasonable price, to be fixed by the admiralty, to all persons desirous of buying the same. 9. Every order in council under this act shall be published in the London Gazette, and shall be made to take effect not sooner than the expiration of thirty days from such publication; and a copy of the London Gazette containing any such order shall be conclusive evidence of the due making and publication of such order; and every such order shall be judicially noticed without being specially pleaded. 10. Every order in council under this act shall be binding on all persons, and shall be sufficient to justify all persons acting thereunder. 11. If the master of any vessel within a dockyard port does not moor, anchor, place, unmoor, or remove the same according to directions given by the Queen's harbour master in conformity with any order in council under this act, or if there is no person on board of any such vessel to attend to such directions, the Queen's harbour master may cause the vessel to be moored, anchored, placed, unmoored, or removed in conformity with the order in council, and for that purpose may cast off, loose, or unshackle, and (if need be) sever any chain or rope of the vessel, first putting on board a sufficient number of persons for the protection of the vessel in case there is not a sufficient number of persons on board to protect the same; and all expenses attending the exercise of the powers of the present section shall be paid by the master of the vessel. 12. The Queen's harbour master, or any person having authority in writing from the admiralty in this behalf, may, with proper assistants, enter into any vessel in a dockyard port, and there search for gunpowder, shotted or loaded guns, fire, or light, or combustible substances had or suspected to be had on board in contravention of any order in council under this act, and may extinguish any such fire or light; and if any person wilfully obstructs the Queen's harbour master or other person in the execution of the authority conferred by this section he shall for each offence be liable to a penalty not exceeding ten pounds. 13. The Queen's harbour master may remove any wreck or other thing being an obstruction to the dockyard port or to the approaches thereto, and any floating timber that impedes the navigation thereof (r). 14. Any vessel laid by or neglected as unfit for sea service shall not be permitted to lie within any part of a dockyard port specified in this behalf (9) See post, "Orders in Council." (See the Removal of Wrecks Act, 1877 (40 & 41 Vict. c. 16), s. 8. in any order in council under this act; and the Queen's harbour master may cause every such vessel to be removed from the part of the port so specified, and to be laid on some part of the strand or sea shore, or in some other place where the same may without injury to any person be placed. 15. The expenses incurred by the Queen's harbour master in the Recovery of removal of any such wreck or other thing or timber, or in the removal or expenses of placing of any such vessel, shall be repaid by the owner thereof; and the removal of Queen's harbour master may detain, and in case of nonpayment of the wreck, &c. expenses, on demand, may sell the wreck or other thing, timber, or vessel, and out of the proceeds of the sale pay those expenses and the expenses of the sale, rendering the surplus (if any) to the owner, on demand; and any deficiency may be recovered from the owner. 16. If the owner of any vessel or thing is in any case compelled to pay Recovery of any penalty, expenses, sum of money, or costs, by reason of any act or expenses by omission of the master of a vessel or other person, he shall be entitled to owner from recover the amount paid by him, with costs, from the person who actually master, &c. committed the offence or did the wrongful act in respect whereof the owner was compelled to make such payment. 17. Penalties, expenses, and sums of money made recoverable by this Summary proact, or by any order in council under it, may be recovered by summary ceedings for proceedings in England or in Ireland before a justice, and in Scotland penalties, &c. before a sheriff, justice, or magistrate. 18. Penalties, expenses, and sums of money recovered as aforesaid, Application of except when recovered by an owner from a master or other person, shall penalties. be paid into the receipt of her Majesty's exchequer in such manner as the commissioners of her Majesty's treasury from time to time direct, and shall be carried to and form part of the consolidated fund of the United Kingdom. vessel. 19. Where any justice, sheriff, or magistrate, by virtue of this act or Penalties, &c. any order in council under it, makes an order directing payment of any may be raised penalty, expenses, or sum of money by the master or owner of a vessel, by sale of and payment is not duly made, the justice, sheriff, or magistrate who made the order, or any other justice, sheriff, or magistrate having the same jurisdiction, may (in addition to any power which he may have for the purpose of compelling payment) direct the amount unpaid to be levied by distress or poinding and sale of the vessel, her tackle, furniture, and apparel, or of any part thereof. 20. Any summons or other document in any proceeding on this act or Service of any order in council under it may (in addition to any other mode of summons. service) be served by being left for the person to be served on board any vessel to which he belongs with the person being or appearing to be in command or charge of the vessel. 21. For the purpose of giving jurisdiction, every offence against this Local jurisdicact or any order in council under it shall be deemed to have been com- tion. mitted, and every cause of complaint shall be deemed to have arisen, either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against happens to be. 22. Where any district within which any justice, sheriff, or magistrate Jurisdiction of has jurisdiction for any purpose under this or any other act, or at common justice of the law, abuts on the shore of the sea or other navigable water, every such peace. justice, sheriff, or magistrate shall for the purposes of this act have juris Saving for right of property, &c. Limitations of actions, &c. Commencement of Act. Orders in council to be laid before Houses of Parliament. diction over any vessel being or passing near the shore, and over every person on board thereof or belonging thereto, as if such vessel or person was within the ordinary limits of the jurisdiction of the justice, sheriff, or magistrate. 23. Nothing in this act shall prejudice, take away, abridge, or alter any right of property, privilege, or jurisdiction, or any powers of conservancy, held, possessed, enjoyed, or exercised by any body or person in, to, upon, or over any part of a dockyard port, or of the shores and banks thereof. 24. Any action or proceeding shall not lie against any Queen's harbour master or other person acting under the authority or in the execution or intended execution or in pursuance of this act, or of any order in council under it, for any alleged irregularity or trespass or other act or thing done or omitted by him, 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.] 25. This act shall commence on such day, not later than the first day of January one thousand eight hundred and sixty-six, as her Majesty in council thinks fit to direct; save that any order in council may be made before that day, so as it be not made to take effect before that day. 26. Every order in council under this act 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. Master of merchant vessel to obey orders of con voying officer. Nothing to take away 29 & 30 VICT. c. 109. An Act to make Provision for the Discipline of the Navy. [10th August, 1866.] WHEREAS it is expedient to amend the law relating to the government of the Navy, whereon, under the good providence of God, the wealth, safety, and strength of the kingdom chiefly depend: Be it 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: 31. Every master or other officer in command of any merchant or other vessel under the convoy of any ship of her Majesty shall obey the commanding officer thereof in all matters relating to the navigation or security of the convoy, and shall take such precautions for avoiding the enemy as may be directed by such commanding officer; and if he shall fail to obey such directions, such commanding officer may compel obedience by force of arms, without being liable for any loss of life or of property that may result from his using such force. 100. Nothing in this act shall take away, abridge, or control, further or otherwise than as expressly provided by this act, any right, power, or |