17 & 18 VICT. c. 120. Preliminary. Short title of Interpretation of Commencement of Act. Repeal of Acts mentioned in schedule. Continuation of boards. MERCHANT SHIPPING REPEAL ACT, 1851. 17 & 18 VICT. c. 120. AN ACT TO REPEAL CERTAIN ACTS AND PARTS OF ACTS RELATING TO IN THE SAID ACTS. WHEREAS by "The Merchant Shipping Act, 1854," the Acts relating to merchant shipping are amended and consolidated, and it is expedient to repeal certain Acts and parts of Acts relating to merchant shipping, and to make temporary provisions with respect to certain of the matters referred to in the said Acts: 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. This Act may be cited for all purposes as "The Merchant Shipping Repeal Act, 1854." 2. In the construction and for the purposes of this Act, the interpretation of terms contained in "The Merchant Shipping Act, 1854," shall be considered as incorporated with and forming part of this Act. 3. With the exception of such provisions of this Act as are herein-after expressly stated to be intended to come into operation immediately after the passing thereof, this Act shall come into operation at the same time as the Merchant Shipping Act, 1854. 4. There shall be hereby repealed The several Acts and parts of Acts set forth in the First Schedule hereto, to the (1.) Any provisions contained in the Act of the seventh year of his late Majesty King (2.) Any security duly given before this Act comes into operation: (5.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect (7.) Any appointment, byelaw, regulation, or licence duly made or granted under any 5. The local marine boards, the members of which have been appointed or elected 1 A 門 6. The Fourth and Ninth Sections of "The Pilotage Law Amendment Act, 1853," 17 & 18 VICT. shall be construed as if the Fifth Part of "The Merchant Shipping Act, 1854," were c. 120. therein referred to, in lieu of the Act of the sixth year of King George the Fourth, chapter one hundred and twenty-five. Construction of sections 4 and 9 7. The Board of Trade may, out of the Mercantile Marine Fund, direct payment to of the Pilotage be made of such expenses for establishing and maintaining on the coasts of the United Law Amendment Act, 1853. Kingdom proper life boats, with the necessary crews and equipments, and for affording Expenses of life assistance towards the preservation of life and property in cases of shipwreck and distress boats, &c. may at sea, and for the granting rewards for the preservation of life in such cases, as it be charged on Mercantile thinks fit; and this section shall come into operation immediately after the passing of Marine Fund. this Act. ties on Mercan 8. Nothing in the Merchant Shipping Act, 1854, or in this Act, contained shall Existing liabilioperate to prevent the exercise of the powers contained in the Twelfth and Sixteenth tile Marine Fund Sections of the Merchant Shipping Law Amendment Act, 1853, of paying the debts, continued. liabilities, and expenses therein mentioned out of the Mercantile Marine Fund: And whereas it was arranged that a sum to be ascertained by the calculation of actuaries should before the said last-mentioned Act came into operation be paid by the Trinity House out of the cash balances then in their hands for the purpose of supplying a deficiency in the funds of the Cinque Ports pilots, and of indemnifying the funds of the Trinity House pilots against any loss consequent upon the settlements to be made under the Pilotage Law Amendment Act, 1853: And whereas when the Merchant Shipping Law Amendment Act, 1853, came into operation, the said calculation was not completed: Be it enacted, that such payment may, with the consent of the Board of Trade, be made by the Trinity House in the same manner as payment of the debts, liabilities, and expenses referred to in the said Twelfth Section of the said last-mentioned Act; and this section shall come into operation immediately after the passing of this Act. ceived before 1852. 13 & 14 Vict. c. 102, s. 31. Receiver General to conform t 9. All monies arising from any wages and effects of deceased seamen or apprentices to Provision as to the sea service which were received before the first day of January One thousand eight wages, &c. rehundred and fifty-two shall be applied in the same manner as if the same had been received under the provisions of "The Merchant Shipping Act, 1854." 10. The receiver general of droits of admiralty shall, as to all things to be done by him in virtue of his office, conform to all lawful directions given for that purpose by the Board of Trade; and on a vacancy occurring in his office no successor shall be appointed, but thereupon all powers and privileges vested in such receiver general shall be transferred to the Board of Trade; and this Section shall come into operation immediately after the passing of this Act. directions of Board of Trade. of Trade as to 11. Receivers appointed by the said receiver general under the Act of the tenth year Powers of Board of the reign of Her present Majesty, chapter ninety-nine, shall hold their offices only appointment of during the pleasure of the Board of Trade; and the serjeants of the Admiralty of the receivers. Cinque Ports, their deputies or other officers, authorised to perform the duties and to exercise the powers within the jurisdiction of the Cinque Ports elsewhere performed and exercised by such receivers as aforesaid, shall perform and exercise the same only during the pleasure and subject to the directions of the Board of Trade; and all such receivers, serjeants, deputies, and other officers as aforesaid shall possess in the several districts within which they have hitherto exercised their duties the same powers, rights, and privileges, and perform the same duties, as are by the said Merchant Shipping Act, 1854, vested in and committed to the receivers therein mentioned, save only that they shall not be entitled to take the command in cases of ships or boats stranded or in distress, unless authorised so to do by the Board of Trade. receivers. 12. There shall be payable to such receivers, serjeants, deputies, and other officers as Payment of aforesaid such fees and other remuneration as are by the said Merchant Shipping Act, 1854, made payable to receivers appointed thereunder, and payment thereof shall be made by the same persons and in the same manner, and shall be capable of being enforced by the same means, as payment of the fees or other remuneration payable to the receivers appointed under "The Merchant Shipping Act, 1854," are payable or capable of being enforced, or as near thereto as circumstances permit; and save as aforesaid, and saving also any expenses actually and properly incurred, no such receiver, serjeant, deputy, or other officer as aforesaid shall be entitled to demand or receive from any person any fees or other sums in respect of any services performed by him as receiver, and this Section shall come into operation immediately after the passing of this Act. 13. All fees or other remuneration received by any such receiver, serjeant, deputy, or Application of other officer as aforesaid may be applied by him to his own use. fees. 14. The provisions contained in the Ninth Part of "The Merchant Shipping Act, Ninth Part of 1354," shall come into operation at the same time as if the same were herein repeated, Merchant Ship 17 & 18 VICT. and were hereby expressed to be intended to come into operation immediately after the c. 120. passing of this Act; and the following Acts, that is to say, the Act of the seventh year of King George the Second, chapter fifteen, the Act of the twenty-sixth year of King George the Third, chapter eighty-six, and the Act of the fifty-third year of King George the Third, chapter one hundred and fifty-nine, shall be considered as repealed immediately after the passing of this Act. ping Act, 1854, to come into operation immediately. Mode of procedure in criminal cases. Penalty on seamen in distress in this country. 15. All criminal proceedings under "The Seamen's Fund Winding-up Act, 1851." "The Pilotage Law Amendment Act, 1853," "The Merchant Shipping Law Amendment Act, 1853," or this Act, shall be carried on in the same manner as similar proceedings under "The Merchant Shipping Act, 1854;" and all rules of law, practice, and evidence which are applicable to such last-mentioned proceedings shall be applicable to criminal proceedings under this Act. 16. If a native of any country in Asia, Africa, or of any of the islands in the South masters of ships Sea or the Pacific Ocean, or of any other country not having any consul in the United leaving certain Kingdom, is brought to the United Kingdom in any ship, British or foreign, as a seaman, and is left in the United Kingdom, and within six months of his being so left becomes chargeable upon the poor rate, or commits any act by reason of the committal whereof he is liable to be convicted as an idle and disorderly person, or any other act of vagrancy, the master or owner of the said ship, or in case of a foreign ship the person who is consignee of the ship at the time of the seaman being so left as aforesaid, shall incur a penalty not exceeding 301., unless he can show that the person so left as aforesaid quitted the ship without the consent of the master, or that due means have been afforded by such master, owner, or consignee, or one of them, to such person, of returning to his native country, or to the country in which he was shipped; and the court inflicting such penalty may order the whole or any part of such penalty to be applied towards the relief or sending home of such person. SCHEDULE to which this Act refers. ACTS AND PARTS OF ACTS TO BE REPEALED. Reference to Act. 8 Eliz. Cap. 13. 12 Anne, Stat. 2, Cap. 18. 4 Geo. 1. Cap. 12. 7 Geo. 2. Cap. 15. 20 Geo. 2. Cap. 38. 26 Geo. 2. Cap. 19. Title of Act. An Act touching Sea Marks and Mariners. An Act for the preserving all such Ships and Goods An Act to settle how far Owners of Ships shall An Act for the Relief and Support of maimed dis- An Act for enforcing the Laws against Persons Extent of Repeal. The whole Act, except So much as is not already So much as is not already repealed. The whole Act. So much as is not already repealed. So much as is not already repealed. Reference to Act. Title of Act. Extent of Repeal. 23 Geo. 3. Cap. 86. 26 Geo. 3. Cap. 101. 28 Geo. 3. Cap. 25. 29 Geo. 3. Cap. 52. 38 Geo. 3. Cap. 57. (Local and Personal.) 46 Geo. 3. Cap. 106. 46 Geo. 3. Cap. 132. 48 Geo. 3. Cap. 150. 50 Geo. 3. Cap. 95. 51 Geo. 3. Cap. 66. 52 Geo. 3. Cap. 115. 53 Geo. 3. Cap. 159. 54 Geo. 3. Cap. 136. An Act to explain and amend an Act made in the Seventh Year of His late Majesty's Reign, intituled "An Act to settle how far Owners of "Ships shall be answerable for the Acts of the Masters or Mariners;" and for giving a further Relief to the Owners of Ships. An Act for erecting certain Lighthouses in the Northern parts of Great Britain. An Act to render more effectual an Act passed in the Twenty-sixth Year of His present Majesty's Reign, intituled "An Act for erecting certain "Lighthouses in the Northern Parts of Great "Britain." An Act to give further Powers to the Commissioners for erecting certain Lighthouses in the Northern Parts of Great Britain. An Act for incorporating the Commissioners appointed for erecting certain Lighthouses in the Northern Parts of Great Britain. An Act to provide for the better Execution of the several Acts relating to the Revenues, Matters, and Things under the Management of the Commissioners of Customs and Port Duties, and of the Commissioners of Inland Excise and Taxes in Ireland. An Act for erecting a Lighthouse on the Bell or Cape Rock on the Eastern Coast of Scotland, and for enabling the Commissioners of the Treasury to advance a certain Sum of Money out of the Consolidated Fund of Great Britain towards that Purpose. An Act for preventing the various Frauds and Depredations committed on Merchants, Shipowners, and Underwriters, by Boatmen and others, within the Jurisdiction of the Cinque Ports, and also for remedying certain Defects relative to the Adjustment of Salvage under a Statute made in the Twelfth Year of the Reign of Her late Majesty Queen Anne. An Act to enable the Corporation for preserving and improving the Port of Dublin to erect, repair, and maintain Lighthouses round the Coast of Ireland, and to raise a Fund for defraying the Charge thereof. An Act to amend and render more effectual several Acts for promoting the Trade of Dublin, by rendering its Port and Harbour more commodious, and for erecting, repairing, and maintaining Lighthouses round the Coast of Ireland, and to raise a Fund for defraying the Charge thereof. An Act to make more effectual Provision for enabling the Corporation for preserving and improving the Port of Dublin, to erect, repair, and maintain Lighthouses and Lights round the Coasts of Ireland, and to raise a Fund for defraying the Charge thereof. An Act to limit the Responsibility of Shipowners in certain Cases. An Act for enabling the Commissioners of the Northern Lighthouses to purchase the Island and Light of May at the Entrance of the Frith of Forth, for enabling the Commissioners of the Treasury to advance a certain Sum of Money towards that Purpose, and for amending several Acts in regard to the Northern Lighthouses. The whole Act. The whole Act. The whole Act. The whole Act. The whole Act. Sections 75 and 76. The whole Act. The whole Act. The whole Act. The whole Act, so far as relates to Lighthouses and Light Dues. The whole Act. The whole Act. The whole Act. Reference to Act. Title of Act. Extent of Repeal. 55 Geo. 3. Cap. lxvii. (Local and Personal.) 59 Geo. 3. Cap. 12. An Act for enabling the Commissioners of the An Act to amend the Laws for the Relief of the 1 & 2 Geo. 4. Cap. 76. An Act to continue and amend certain Acts for 4 Geo. 4. Cap. 88. € Geo. 4. Cap. 125. 9 Geo. 4. Cap. 86. 11 Geo. 4. Cap. 20. 4 & 5 Wm. 4. Cap. 52. 5 & 6 Wm. 4. Cap. 19. 6 & 7 Wm. 4. Cap. 79. 1 & 2 Vict. Cap. 66. 3 & 4 Vict. Cap. 68. 7 & 8 Vict. Cap. 112. 8 & 9 Vict. Cap. 86. 8 & 9 Vict. Cap. 87. 8 & 9 Vict. Cap. 89. 8 & 9 Vict. Cap. 116. 9 & 10 Vict. Cap. 99. 12 & 13 Vict. Cap. 29. An Act to amend an Act for the Amendment of The whole Act. An Act to amend and consolidate the Laws relat- An Act to amend and consolidate the Laws relat- Section 82. So much as is not already repealed. So much as is not already repealed. An Act for vesting Lighthouses, Lights, and Sea The whole Act. An Act for maintaining a Lighthouse at Gibraltar, An Act to amend and consolidate the Laws relat- The whole Act. The whole Act. The whole Act. An Act for the General Regulation of the Customs. Sections 45, 51, 53, and An Act for the Prevention of Smuggling An Act for consolidating and amending the Laws An Act to amend the Laws in force for the En- 140. Section 10. The whole Act. The whole Act. The whole Act. |