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Orders made by any court, justice or justices of the peace, or Orders For other magistrates, under this Act, for the payment of seamen's Monet,nhow wages, penalties, or other sums of money, on the master or E,,F01i0,^D• owner of a ship, if not paid as directed, may be enforced by distress (in Scotland, poinding) and sale of the said ship, her tackle, furniture, and apparel.1
A stipendiary magistrate has full power to do alone whatever Stipehmari
. , . MAGISTRATE.
two justices of the peace, in petty sessions assembled, are authorised by the" Act to do."
1 17 & 18 Vict. o. 104, § 523. • Ibid. § 519.
THE MERCHANT SHIPPING ACT, 1854.
17 & 18 Viot, c. 104.
AN ACT TO AMEND AND CONSOLIDATE THE ACTS RELATING TO
Whebkas it is expedient to amend and consolidate the acts relating to Merchant u jj jg yICT Shipping: be it therefore enacted by the Queen's most excellent Majesty, by and with c. 104, 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 for all purposes as " The Merchant Shipping Act, 1854." ghort title of
2. In the construction and for the purposes of this Act (if not inconsistent with the
context or subject matter) the following terms shall have the respective meanings herein- iTrtS^urms in after assigned to them; that is to say, this Act.
"Her Majesty's dominions" shall mean Her Majesty's dominions strictly so called,
and all territories under the government of the East India Company, and all
other territories (if any) governed by any charter or licence from the Crown or
Parliament of the United Kingdom: "The United Kingdom " shall mean Great Britain and Ireland: "British possession " shall mean any colony, plantation, island, territory, or settlement
within Her Majesty's dominions, and not within the " United Kingdom :" "The Treasury " shall mean the commissioners of Her Majesty's Treasury: "The Admiralty" shall mean the Lord High Admiral or the commissioners for
executing his office:
"The Board of Trade" shall mean the lords of the Committee of Privy Council appointed for the consideration of matters relating to trade and foreign plantations:
"The Trinity House" shall mean the master, wardens, and assistants of the guild, fraternity, or brotherhood of the most glorious and undivided Trinity and of St. 17 & 18 Vict. Clement in the parish of Deptford Strond in the county of Kent, commonly
c. 104. called the Corporation of the Trinity House of Deptford Strond:
"The Port of Dublin Corporation" Bhall mean the Corporation for Preserving and
Improving the Port of Dublin: "Consular officer" shall include consul general, consul, and vice consul, and any person for the time being discharging the duties of consul general, consul, or vice consul■
"Receiver" shall mean any person appointed in pursuance of this Act receiver of wreck:
"Pilotage authority " shall include all bodies and persons authorised to appoint or
"Pilot" shall mean any person not belonging to a ship who has the conduct thereof:
conduct ships to which he does not belong:
"Seaman " shall include every person (except masters, pilots, and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship:
"Salvor" shall, in the case of salvage services rendered by the officers or crew or part of the crew of any ship belonging to Her Majesty, mean the person in command of such Bhip:
"Person" shall include body corporate.
"Ship" shall include every description of vessel used in navigation not propelled by oars:
"Foreign-going Ship " shall include every ship employed in trading or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, tho islands of Guernsey, Jersey, Sark, Alderney and Man, and the continent of Europe between the river Elbe and Brest inclusive:
"Home-trade ship" shall include every ship employed in trading or going within the following limits; that is to say, the United Kingdom, the islands of Guernsey, Jersey, Sark, Alderney, and Man, and the continent of Europe between the river Elbe and Brest inclusive:
"Home-trade passenger ship " Bhall mean every home-trade ship employed in carrying passengers:
"Lighthouses " shall, in addition to the ordinary meaning of the word, include floating and other lights exhibited for the guidance of ships, and " buoys and beacons" shall include all other marks and signs of the sea: "Wreck " shall include jetsam, flotsam, lagan, and derelict found in or on the shores of the sea or any tidal water. Commencement 3. This Act shall come into operation on the first day of May, one thousand eight ofAct- hundred and fifty-five.
Exemption of 4. This Act shall not, except as hereinafter specially provided, apply to ships belonging Her M.je8,y'8 to Her Majesty.
Division ofAct. 5- Tnis Act 8hall De divided into eleven parts:
The first part relating to the Board of Trade: its general functions:
The second part to British ships: their ownership, measurement and registry:
The third part to masters and seamen:
The fourth part to safety and prevention of accidents:
The fifth part to pilotage:
The sixth part to lighthouses:
The seventh part to the Mercantile Marine Fund.
The eighth part to wrecks, casualties, and salvage:
The ninth part to liability of shipowners:
The tenth part to legal procedure:
The eleventh part to miscellaneous matters.
THE BOARD OP TRADE, ITS GENERAL FUNCTIONS. 37 VuR1"'
6. The Board of Trade shall be the department to undertake the general superin- Board of Trade tendence of matters relating to merchant ships and seamen, and shall be authorised to J° ^pViKtend"l carry into execution the provisions of this Act and of all other Acts relating to Merchant merchant shipships and seamen in force for the time being, other than such Acts as relate to the PiD&revenue.
7. All documents whatever purporting to be issued or written by or under the direction Certificates and of the Board of Trade, and purporting either to be sealed with the seal of such board, or JS^to'bs'"' to ,be signed by one of the secretaries or assistant secretaries to such board, shall be sealed or aigne.l received in evidence, and shall be deemed to be issued or written by or under the JjJ^jj direction of the said board, without further proof, unless the contrary be shown; and all be received in documents purporting to be certificates issued by the Board of Trade in pursuance of this evidence. Act, and to be sealed with the seal of such board, or to be signed by one of the officers of
the marine department of such board, shall be received in evidence, and shall be deemed to be such certificates, without further proof, unless the contrary be shown.
8. The Board of Trade may from time to time prepare and sanction forms of the various Board of Trade books, instruments, and papers required by this Act other than those required by the j,^trumrats''S of Second Part thereof, and may from time to time make such alterations therein as it deems
requisite; and shall, before finally issuing or altering any such form, give such public notice thereof as it deems necessary in order to prevent inconvenience; and shall cause every such form to be sealed with such seal as aforesaid, or marked with some other distinguishing mark, and to be supplied at the custom houses and shipping offices of the United Kingdom free of charge, or at such moderate prices as it may from time to time fix, or may license any persons to print and sell the same; and every such book, instrument and paper as aforesaid shall be made in the form issued by the Board of Trade, and sanctioned by it as the proper form for the time being; and no such book, instrument, or paper as aforesaid, unless made in such form, shall be admissible in evidence in any civil proceeding on the part of any owner or master of any ship; and every such book, instrument, or paper, if made in a form purporting to be a proper form, and to be sealed or marked as aforesaid, shall be taken to be made in the form hereby required, unless the contrary is proved.
9. AU instruments used in carrying into effect the Second Part of this Act, if not Certain forma already exempted from stomp duty, and all instruments which by the Third, Fourth, "^J "'empt"1* Sixth, or Seventh Parts of this Act are required to be made in forms sanctioned by the from stamp duty Board of Trade, if made in such forms, and all instruments used by or under the direction
of the Board of Trade in carrying such parts of this Act into effect, shall be exempt from stamp dnty.
10. Every person who forges, assists in forging, or procures to be forged, such 6eal or Penalties for other distinguishing mark as aforesaid, or who fraudulently alters, assists in fraudulently '^"^Atifimi altering, or procures to be fraudulently altered, any form issued by the Board of Trade, alteration of with the view of evading any of the provisions of this Act or any condition contained in forms, and f.nsuch form, shall for each offence be deemed guilty of a misdemeanor; and every person "^"a'hy BTMd who, in any case in which a form sanctioned by the Board of Trade is, by the third part of Trade.
of this act required to be used, uses without reasonable excuse any form not purporting to be so sanctioned, or who prints, sells, or uses any document purporting to be a form so sanctioned, knowing the same not to be so sanctioned for the time being or not to have been prepared and issued by the Board of Trade, shall for each such offence incur a penalty not exceeding 101.
11. Subject to the provisions hereinafter contained, all fees and payments (other than Application of fines) coming to the hands of the Board of Trade under the third and fourth parts of TJ'JJ Board°of this Act, shall be carried to the account of the Mercantile Marine Fund hereinafter Trade, mentioned, and shall be dealt with as herein prescribed in that behalf; and all fines
coming to the hands of the Board of Trade under this Act Bhall be paid into the receipt