Power for her order in coun- If default is made in complying with this section the owner shall be liable, or if there be more owners than one each owner shall be liable in proportion to his interest in the ship, to a penalty not exceeding in the whole one hundred pounds each time the ship leaves any port in the United Kingdom. 37. Whenever it has been made to appear to her Majesty that the government of any foreign state is desirous that any of the provisions of the Merchant Shipping Acts, 1854 to 1876, or of any act hereafter to be passed amending the same, shall apply to the ships of such state, her Majesty may by order in council declare that such of the said provisions as are in such order specified shall (subject to the limitations, if any, contained in the order) apply, and thereupon, so long as the order remains in force, foreign ships. such provisions shall apply (subject to the said limitations) to the ships of such state, and to the owners, masters, seamen and apprentices of such ships, when not locally within the jurisdiction of such state, in the same manner in all respects as if such ships were British ships. sions of Merchant Shipping Acts to Provision as to cil. 38. Where her Majesty has power under the Merchant Shipping Act, order in coun- 1854, or any act passed or hereafter to be passed amending the same, to make an order in council, it shall be lawful for her Majesty from time to time to make such order in council, and by order in council to revoke, alter, or add to any order so made (q). Fees, salaries, and costs. Every such order in council shall be published in the London Gazette, and shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. Upon the publication of any such order in the London Gazette, the order shall, after the date of such publication, or any later date mentioned in the order, take effect as if it were enacted by Parliament. 39. On and after the first day of January one thousand eight hundred and seventy-seven all fees (r) payable in respect of the survey or measurement of ships under the Merchant Shipping Acts, 1854 to 1876, or in respect of any services performed by any person employed under the authority of the Passengers Act, 1855, shall continue to be paid to the superintendent of a mercantile marine office at such times and in such manner as the Board of Trade from time to time direct, but shall be paid into the receipt of her Majesty's exchequer in such manner as the Treasury from time to time direct, and shall be carried to and form part of the consolidated fund of the United Kingdom. On and after the same day the salaries of all surveyors appointed under the Merchant Shipping Acts, 1854 to 1876, and so much of the expenses connected with the survey and measurement of ships under those acts, and of the salaries and expenses of persons employed under the Passengers Act, 1855, as has heretofore been paid out of the Mercantile Marine Fund, shall be paid out of moneys provided by Parliament, and the Treasury shall have the like control over such salaries and expenses as has heretofore been vested in the Board of Trade (s). There may be paid out of moneys provided by Parliament, to any wreck commissioner, judge of a court of survey, assessor, registrar of a court of survey, detaining officer, scientific referee, and other officer or person appointed under this act, such salary or remuneration (if any) as the Treasury from time to time direct. There may be paid out of moneys provided by Parliament all costs and compensation payable by the Board of Trade in pursuance of this act. (a) See the Foreign Jurisdiction Act, 1878 (41 & 42 Vict. c. 67). (r) See post, "General Table of Fees charged under the authority of the Board of Trade." (s) See the Superannuation (Mercantile Marine Fund Officers) Act, 1877 (40 & 41 Vict. c. 44). 40. For the purpose of punishment, jurisdiction, and legal proceedings Legal proan offence under this act shall be deemed to be an offence under the Merchant Shipping Act, 1854. 41. In the application of this Act to Scotland,The provision with respect to a prosecution not being instituted except by or with the consent of the Board of Trade shall not apply. "Judge of a county court" shall be deemed to include a sheriff and sheriff substitute, and "Registrar of a county court" shall be deemed to include sheriff clerk, and "A master of the Supreme Court of Judicature" shall mean the Queen's and Lord Treasurer's Remembrancer. 42. In the application of this act to Ireland,— "Judge of a County Court" shall be deemed to include "chairman of a county" and "the recorder of any borough;" "Registrar of a County Court" shall be deemed to include the clerk of the peace or registrar or other person discharging the duties of registrar of the Court, of the chairman of a county, or the recorder of a borough; "Stipendiary magistrate" shall be deemed to include any of the justices of the peace in Dublin metropolis and any resident magistrate; and "A master of the Supreme Court of Judicature" shall mean one of the masters of the Superior Courts of Common Law in Ireland. 43. In the application of this act to the Isle of Man, Judge of a County Court" shall mean the water bailiff; 'Stipendiary magistrate" shall mean a high bailiff; "Registrar of a County Court" shall mean a clerk to a deemster or a clerk to justices of the peace; "A master of the Supreme Court of Judicature" shall mean the clerk of the rolls. ceedings in case of offences. Application of act to Scot land. Application of act to Ireland. Application of act to Isle of Man. 44. Nothing in this act shall apply to any vessel employed exclusively Saving for in trading or going from place to place in any river or inland water of colonial inland which the whole or part is in any British possession, and the provisions waters. of this act relating to deck cargo shall not apply to deck cargo carried by a ship while engaged in the coasting trade of any British possession. Repeal. 45. On and from the commencement of this act the acts specified in the Repeal of first part of the schedule hereto, and on and from the first day of January acts. one thousand eight hundred and seventy-seven the acts specified in the second part of the schedule hereto, shall be repealed to the extent in the third column of that schedule mentioned: Provided that any officer appointed in pursuance of any such enactment shall be deemed to have been appointed under this act, and any order in council made in pursuance of any such enactment shall be deemed to have been made under this act, and this repeal shall not affect (1.) Anything done or suffered under any enactment hereby repealed; nor (2.) Any right, power, duty, obligation, or liability acquired, imposed, (4.) Any legal proceeding in respect of any such right, power, duty, Short title. Application of act. 40 & 41 VICT. c. 16. An Act to facilitate the removal of Wrecks obstructing Navigation. [28th June, 1877.] BE it enacted by the Queen's most excellent Majesty, by and with the 1. This act may be cited as "The Removal of Wrecks Act, 1877." 3. In this act, Interpretation The term "harbour" includes harbours properly so called, whether of terms. natural or artificial, estuaries, navigable rivers, piers, jetties, and other works in or at which ships can obtain shelter, or ship and unship goods or passengers; The termtidal water" means any part of the sea and any part of a The term "harbour authority" includes all persons or bodies of The term "general lighthouse authority" has the same meaning as 17 & 18 Vict. c. 104. conservancy authority to remove wreck. 4. Where any vessel is sunk, stranded, or abandoned in any harbour Power for or tidal water under the jurisdiction of a harbour or conservancy autho- harbour or rity, or in or near any approach thereto, in such manner as in the opinion of the authority to be, or be likely to become, an obstruction or danger to navigation in that harbour or water, or in any approach thereto, the authority may take possession of and raise, remove, or destroy the whole or any part of the vessel, and may light or buoy any such vessel or part until the raising, removal, or destruction thereof, and may sell, in such manner as they think fit, any vessel or part so raised or removed, and also any other property recovered in the exercise of their powers under this act, and may out of the proceeds of such sale reimburse themselves for the expenses incurred by them under this act, and shall hold the surplus, if any, of such proceeds in trust for the persons entitled thereto. Provided as follows: (1.) Except in the case of property which is of a perishable nature, or which would deteriorate in value by delay, a sale shall not be made under this act until at least seven clear days' notice of the intended sale has been given by advertisement in some local newspaper circulating in or near the district over which the authority have jurisdiction; and (2.) At any time before any property is sold under this act, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the fair market value thereof, to to be ascertained by agreement between the authority and the owner, or failing such agreement by some person to be named for the purpose by the Board of Trade, and the sum paid to the authority as the value of any property under this provision shall, for the purposes of this act, be deemed to be the proceeds of sale of that property. wreck. 5. Where any vessel is sunk, stranded, or abandoned in any fairway, Power for or on the seashore, in the United Kingdom, the Channel Islands, or the general lighthouse authoIsle of Man, or any of the adjacent seas or islands, and there is not any harbour or conservancy authority having power to raise, remove or de- rity to remove stroy the same, the general lighthouse authority for that part of the United Kingdom in or near which the vessel is situate shall, if in their opinion the same is or is likely to become an obstruction or danger to navigation, have the same powers in relation thereto as are by this act conferred upon a harbour or conservancy authority. (t) See the M. S. Act, 1854, s. 389. Powers of removal to extend to tackle, cargo, &c. Power for All expenses incurred by the general lighthouse authority under this act, and not reimbursed in manner provided by this act, shall be paid out of the mercantile marine fund. 6. The provisions of this act shall apply to every article or thing or collection of things being or forming part of the tackle, equipments, cargo, stores, or ballast of a vessel in the same manner as if it were included in the term "vessel," and for the purposes of this act any proceeds of sale arising from a vessel and from the cargo thereof, or any other property recovered therefrom, shall be regarded as a common fund. 7. If any question arises between a harbour or conservancy authority Board of Trade on the one hand and a general lighthouse authority on the other hand, to determine as to their respective powers under this act in relation to any place being in or near an approach to a harbour or tidal water, the same shall, on the application of either authority, be referred to the decision of the Board of Trade, and that decision shall be final. certain questions between authorities. Powers of act cumulative. 8. The powers conferred by this act shall be deemed to be in addition to and not in derogation of any other powers for the like object. Short title. Temporary 31 & 32 Vict. 40 & 41 VICT. c. 42. An Act to amend the Law relating to the Fisheries of Oysters, Crabs, 15. Notwithstanding anything contained in the Sea Fisheries Act, 1868, the act of the sixth and seventh years of the reign of her present Majesty, chapter seventy-nine, intituled "An Act to carry into effect a Convention between her Majesty and the King of the French concerning the Fisheries in the Sea between the British Islands and France," so far as regards French fishermen and French sea fishing boats, shall be in force as if it had not been repealed, and shall continue in force until the day when the convention set out in the first schedule to the Sea Fisheries Act, 1868, comes into operation (u). (u) 6 & 7 VICT. c. 79. An Act to carry into effect a Convention between her Majesty and the King of the [The portions of the act and of the schedule to the act which appear to relate only to English subjects and English fishing vessels are omitted, save where necessary to render the context intelligible.] Whereas a convention was concluded between her majesty and the king of the French on the second day of August in the year one thousand eight hundred and thirty-nine, defining the limits of the oyster fishery between the island of Jersey and the neighbouring coast of France, and also defining the limits of the exclusive right of fishery on all other parts of the coasts of the British islands and France: And whereas by the eleventh article of the said convention it is stipulated and agreed, that "With a view to prevent the collisions which now from time to time take place on the seas lying between the coasts of Great Britain and of France between the trawlers and the line and long net fishers of the two countries, the high contracting parties agree to appoint, within two months after |