(3.) Any imprisonment, fine, or forfeiture, or other punishment in- in part namely, In section two hundred and forty-three, sub-section (1), the words" to imprisonment for any period not exceeding twelve weeks with or without hard labour; and also." In section two hundred and forty-three, sub-section (2), the words "to imprisonment for any period not exceeding ten weeks with or without hard labour, and also at the discretion of the court." Section two hundred and forty-six. In section two hundred and forty-seven the words "instead of committing the offender to prison;" And section two hundred and forty-eight. 17 & 18 Vict. c. 104. Short title. Amendment of s. 37 of 17 & 18 Vict. c. 104, as to numbers of joint owners of ships. 43 & 44 VICT. c. 18. An Act to amend the Merchant Shipping Act, 1854. [2nd August, 1880. WHEREAS, it is expedient to amend the Merchant Shipping Act, 1854: 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 Merchant Shipping Act (1854) Amendment Act, 1880." 2. Sub-section two of section thirty-seven of the recited act is hereby repealed, and in place thereof it is enacted that the following words shall be deemed and be taken to be the second sub-section of the thirty-seventh section of the recited act, and the recited act shall be read and construed as if the second sub-section of the thirty-seventh section thereof had been originally expressed in the following words: videlicet, Subject to the provisions with respect to joint owners or owners by transmission hereinafter contained, not more than sixty-four individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial title of any number of persons of any company represented by or claiming under or through any registered owner or joint owner. 43 & 44 VICT. c. 22. An Act to amend the Merchant Shipping Act, 1854, so far as regards BE IT ENACTED by the Queen's most excellent Majesty, by and with the 1. This act 2. Whereas under section four hundred and seventy-five of the Merchant Shipping Act, 1854, a receiver of wreck appointed under that act is required to pay into the Exchequer the net proceeds of the sale of unclaimed wreck: Short title and construction of act. 17 & 18 Vict. C. 104. Application of proceeds of unclaimed wreck towards payment of expenses con c. 104. And whereas in pursuance of section four hundred and fifty-seven of the Merchant Shipping Act, 1854, the fees received by such receiver nected with of wreck are carried to the Mercantile Marine Fund, and applied in wreck. 17 & 18 Vict. defraying any expenses duly incurred in carrying into effect the purposes of the eighth part of that act, in such manner as the Board of Trade direct: And whereas the fees have been insufficient to defray such expenses, and the deficiency has been paid out of the said proceeds of unclaimed wreck, and the balance alone of such proceeds has been paid into the Exchequer, and it is expedient to sanction the payment of the said deficiency; be it therefore enacted as follows: Any deficiency so paid as aforesaid, before the thirty-first day of March, one thousand eight hundred and eighty, out of the proceeds of unclaimed wreck, shall be deemed to have been properly paid. 3. Whereas by section forty-three of the Seamen's Fund Winding-up Explanation of Act, 1851, it is provided that a seaman who ceases altogether for a con- 14 & 15 Vict. tinuous period of three years to pay his contribution to the fund shall. c. 102, s. 43. forfeit all claim to any relief for himself, his widow, and children; and it is expedient to amend the said enactment; be it therefore enacted as follows: The Board of Trade may remit the said forfeiture in the case of any seaman if he satisfies them that during the said continuous period of three years he had not served at sea for any time or for such time as to render it just for him to pay his contribution, and that such non-service at sea did not arise from his having left the sea service when still of age and strength to continue in it and with the intention of not returning to the same. Section forty-three of the Seamen's Fund Winding-up Act, 1851, as 14 & 15 Vict. amended by this section, shall apply to masters as if they were mentioned c. 102. therein in addition to seamen. 4. Whereas by section seven of the Merchant Shipping Act Amend- Provision as to ment Act, 1862, it is provided that the fees payable by applicants for fees on exexamination for certificates of competency as engineers shall be carried to amination of the account of the Mercantile Marine Fund, and at the time of the engineers. passing of that act the salaries of the surveyors, by whom the examina- 25 & 26 Vict. tions are conducted, were paid out of the Mercantile Marine Fund: c. 63, s. 7. And whereas under section thirty-nine of the Merchant Shipping Act, 39 & 40 Vict. 1876, the salaries of the said surveyors are paid out of moneys provided c. 80. by parliament; and it is expedient that the fees should be paid into the Exchequer; be it therefore enacted as follows: The fees paid in pursuance of section seven of the Merchant Shipping 25 & 26 Vict. c. 63. Provision as to expenses incurred in removing wrecks. 40 & 41 Vict. c. 16. Costs of advertising notices of foreign sea marks. 17 & 18 Vict. c. 104. Act Amendment Act, 1862, shall cease to be carried to the account of the 5. All expenses incurred by general lighthouse authorities in pursuance of the Removal of Wrecks Act, 1877, shall be subject to the provisions contained in sections four hundred and twenty-two, four hundred and twenty-three, and four hundred and twenty-seven of the Merchant Shipping Act, 1854. 6. Such reasonable costs as the Board of Trade from time to time allow of advertising or otherwise making known the establishment of or alterations in foreign lighthouses, buoys, and beacons to owners and masters of and other persons interested in British ships shall be paid out of the Mercantile Marine Fund. 7. Any payment made or forfeiture remitted or thing done before the passing of this act which, if this act had passed, would be legal, shall Application of be deemed to have been legally made, remitted or done. act to past payments. 43 & 44 VICT. c. 43. Short title and Commence- Obligation to take precautions to prevent grain cargo from shifting. Precautions against shifting of grain cargo faden in port in An Act to provide for the safe carriage of Grain Cargoes by Merchant BE IT ENACTED by the Queen's most excellent Majesty, by and with the 1. This act may be cited as "The Merchant Shipping (Carriage of Grain) Act, 1880, and shall be construed as one with the Merchant Shipping Act, 1854, and the acts amending the same, and together with those acts may be cited as "The Merchant Shipping Acts, 1854 to 1880." 2. This act shall come into operation on the first day of January one thousand eight hundred and eighty-one (which day is in this act referred to as the commencement of this act). 3. Where a grain cargo is laden on any British ship all necessary and reasonable precautions (whether prescribed by this act or not) shall be taken in order to prevent the grain cargo from shifting. If such precautions have not been taken in the case of any such ship, the master of the ship and any agent of the owner who was charged with the loading of the ship or the sending her to sea, shall each be liable to a penalty not exceeding three hundred pounds, and the owner of the ship shall also be liable to the same penalty, unless he shows that he took all reasonable means to enforce the observance of this section, and was not privy to the breach thereof. 4. Where a British ship laden with a grain cargo at any port in the Mediterranean or Black Sea is bound to ports outside the Straits of Gibraltar, or where a British ship is laden with a grain cargo on the coast of North America, the following precautions to prevent the grain cargo Mediterranean from shifting shall be adopted; that is to say, or Black Sea, or on Coast of North America. (a) There shall not be carried between the decks, or, if the ship has more than two decks, between the main and upper decks, any grain in bulk, except such as may be necessary for feeding the cargo in the hold, and is carried in properly constructed feeders. (b) Where grain (except such as may be carried in properly constructed feeders) is carried in bulk in any hold or compartment, and proper provision for filling up the same by feeders is not made, not less than onefourth of the grain carried in the hold or compartment (as the case may be) shall be in bags supported on suitable platforms laid upon the grain in bulk: Provided that this regulation with respect to bags shall not apply(i.) To oats, or cotton seed; nor (ii) To a ship which is a sailing ship of less than four hundred tons registered tonnage, and is not engaged in the Atlantic trade; nor (iii.) To a ship laden at a port in the Mediterranean or Black Sea if the ship is divided into compartments which are formed by substantial transverse partitions, and are fitted with longitudinal bulkheads or such shifting boards as hereafter in this section mentioned, and if the ship does not carry more than one-fourth of the grain cargo, and not more than one thousand five hundred quarters, in any one compartment, bin, or division, and provided that each division of the lower hold is fitted with properly constructed feeders from the between decks; nor (iv.) To a ship in which the grain cargo does not exceed one-half of the whole cargo of the ship, and the rest of the cargo consists of cotton, wool, flax, barrels or sacks of flour, or other suitable cargo so stowed as to prevent the grain in any compartment, bin, or division from shifting. (c) Where grain is carried in the hold or between the decks, whether in bags or bulk, the hold or the space between the decks shall be divided by a longitudinal bulkhead or by sufficient shifting boards which extend from deck to deck or from the deck to the keelson and are properly secured, and if the grain is in bulk are fitted grain-tight with proper fillings between the beams. (d) In loading, the grain shall be properly stowed, trimmed, and secured. In the event of the contravention of this section in the case of any ship, reasonable precautions to prevent the grain cargo of that ship from shifting shall be deemed not to have been taken, and the owner and master of the ship and any agent charged with loading her or sending her to sea shall be liable accordingly to a penalty under this act. Provided that nothing in this section shall exempt a person from any liability, civil or criminal, to which he would otherwise be subject for failing to adopt any reasonable precautions which, although not mentioned in this section, are reasonably required to prevent grain cargo from shifting. 5. The precautions required by this act to be adopted by ships laden Exemption with a grain cargo at a port in the Mediterranean or Black Sea, or on from prethe coast of North America, shall not apply to ships loaded in accordance cautions with regulations for the time being approved by the Board of Trade; nor this Act for specified in to any ship constructed and loaded in accordance with any plan approved ships laden by the Board of Trade. North in Mediter6. Before a British ship laden with grain cargo at any port in the ranean or Mediterranean or Black Sea, bound to ports outside the Straits of Black Sea, Gibraltar, or laden with grain cargo on the coast of North America, leaves or on coast of her final port of loading, or within forty-eight hours after leaving such America. port, the master shall deliver or cause to be delivered to the British Notice by consular officer, or, if it is in her majesty's dominions, to the principal master of officer of customs at that port, a notice stating: kind and (1.) The draught of water and clear side, as defined by section five of the quantity of Merchant Shipping Act, 1871, and section four of the Merchant Shipping grain cargo. Act, 1873, of the said ship after the loading of her cargo has been 34 & 35 Vict. completed at the said last port of loading; c. 110. (2.) And also stating the following particulars in respect to the grain 36 & 37 Vict. cargo; namely, (a.) The kind of grain and the quantity thereof, which quantity may be stated in cubic feet, or in quarters, or bushels, or in tons weight; and (b.) The mode in which the grain cargo is stowed; and (c.) The precautions taken against shifting. c. 85. 39 & 40 Vict. c. 36, ss. 50, 51. Penalty for false statement in notice. Power of Board of Trade for enforcing of Act. 17 & 18 Vict. c. 104. Prosecution of offences and recovery of penalties. 17 & 18 Vict. c. 104. Definitions. Repeal of The master shall also deliver a similar notice to the principal collector or other proper officer of customs in the United Kingdom, together with the report required to be made by the Customs Consolidation Act, 1876, on the arrival of the ship in the United Kingdom. Every such notice shall be sent to the Board of Trade as soon as practicable by the officer receiving the same. If the master fails to deliver any notice required by this section he shall be liable to a penalty not exceeding one hundred pounds: provided always, that the Board of Trade may, by notice published in the London Gazette, or in such other way as it may deem expedient, exempt ships laden at any particular port or any class of such ships from the provisions of this section. 7. Any master of a ship, who in any notice required by this act wilfully makes any false statement, or wilfully omits any material particular, shall be liable to a penalty not exceeding one hundred pounds. 8. For the purpose of securing the observance of this act, any officer having authority in that behalf from the Board of Trade, either general or special, shall have the same power as an inspector appointed under the Merchant Shipping Act, 1854, and shall also have power to inspect any grain cargo, and the mode in which the same is stowed. 9. Every offence punishable under this act may be prosecuted summarily and every penalty under this act may be recovered and enforced summarily in like manner as offences and penalties under the Merchant Shipping Act, 1854, and the acts amending the same. 10. For the purposes of this act The expression "grain" means any corn, rice, paddy, pulse, seeds, nuts, or nut kernels. The expression "ship laden with a grain cargo means a ship carrying a cargo of which the portion consisting of grain is more than one-third of the registered tonnage of the ship, and such third shall be computed, where the grain is reckoned in measures of capacity, at the rate of one hundred cubic feet for each ton of registered tonnage, and where the grain is reckoned in measures of weight, at the rate of two tons weight for each ton of registered tonnage. 11. Section twenty-two of the Merchant Shipping Act, 1876, is hereby repealed as from the commencement of this act: Provided that any offence against that section committed before the commencement of this act may be prosecuted, and the penalty recovered and enforced, in like manner as if the said section had continued to remain in force. |