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i An Act to amend the Laws relating to Pilotage
16 k 17 Vict. Can. 131.
17 4:18 Vict. Cap. 5.
The whole Act. The whole Act.
An Act for improving the Condition of Masters,
An Act to amend the Laws relating to the Custom?. 1 Section 14
An Act to extend the Benefits of certain Provisions of the General Merchant Seamen's Act relating to Apprentices bound to the Sea Service to Apprentices bound to the Sea Service by Boards of Guardians of the Poor in Ireland, and to enable such Guardians to place out Boys in the Naval Service.
An Act to consolidate and amend the Laws relating to the Regulation of Steam Navigation, and to the Boats and Lights to be carried by sea-going Vessels.
An Act to amend the Mercantile Marine Act, 1850.
An Act to amend the Acts relating to the Merchant Seamen's Fund and to provide for winding up the said Fund, and for the better Management thereof in the meantime.
An Act further to amend the Law relating to Pilotage.
An Act to amend various Laws relating to Merchant Shipping.
An Act to admit Foreign Ships to the Coasting Trade.
The whole Act, except Section 10.
The whole Act.
The whole Act.
Sections 29, 30, 31, 82, 33, 34, 35, 36, 37, 38, and 61.
The whole Act, except Sections 3, 4, 5, 8, 10, 11,12,13, and so much of Section 9 as relates to the Recovery of Pilotage Rates by Cinque Ports Pilots licensed before the Act came into operation.
The whole Act, except Sections 12,13, 24, 28, and 29.
MERCHANT SHIPPING ACT AMENDMENT ACT, 1655.
18 k 19 Vici. c. 91.
AN ACT TO FACILITATE THB ERECTION AND MAINTENANCE OP COLOXIAl
IS & 19 Vict. Whereas it is expedient to make provision for facilitating the erection and i
o.91. tenance of lighthouses in the British possessions abroad, and otherwise to amend the
. . Merchant Shipping Act, 1854: Be it therefore enacted by the Queen's moat 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:
Short Title of 1. This Act may be cited as "The Merchant Shipping Act Amendment Act, 1S55,"
£.c'; .„. and shall be taken to be part of the Merchant Shipping Act, 1854, and shall be construed 17 & 18 Met. ... 1
c. 104. accordingly.
Colonial Light- 2. In any case in which any lighthouse, buoy, or beacon has been or is hereafter erected
kemtet. or placed on or near the coasts of any British possession, by or with the consent of the
Her Majesty legislative authority of such possession. Her Majesty may, by order in council, fix such
m«y by o.der In dues in respect thereof, to be paid by the owner or master of every ship which passes the
Council fit dues game or dcrjVes benefit therefrom, as Her Majesty may deem reasonable, and mav in like for colonial . , ' .J. J J '* .
lighthouse*. manner from time to time increase, diminish, or repeal such dues, and from the time
specified in such order for the commencement of the dues thereby fixed, increased, or
diminished the same shall be leviable throughout Her Majesty's dominions in manner
No sucb dues to 3- No such dues as aforesaid shall be levied in any colony unless and until the be levied in any legislative authority in such colony has, either by address to the Crown, or by an Act or the'cuiiwnt of* Ordinance duly passed, signified its opinion that the same ought to be levied in such I he colonial colony.
legislature. 4, The said dues shall in the United Kingdom be collected by the same persons by
(n^ihnsaJdduea. whonl. an(l by lne same means, in the same manner, and subject to the same conditions. 17 A 18 Vict. so far as circumstances permit, by, in, and subject to which the light dues leviable under 400°Vl" 3"' Merchant Shipping Act, 1854, are collected, and shall in each British possession
abroad be collected by such persons as the governor of such possession abroad may appoint for the purpose, and shall be collected by the same means, in the same manner, and subject to the same conditions, so far as circumstances permit, by, in, and snbject to which the light dues leviable under the Merchant Shipping Act, 1854, are paid and collected, or by such other means, in such other manner, and subject to such other conditions as the legislative authority in such possession may direct. Duei tobe paid 5. All dues levied under this Act shall be paid over to Her Majesty's PaymasterMai" It 'a'"* General at such times and in such manner as the Board of Trade may direct, and shall be master-General, applied, paid, and dealt with by him, for the purposes herein-after mentioned, in such
manner as such board may direct. Dues to be ap- 6. The dues levied under the authority of this Act in respect of any such lighthouse,
p.lVl,V?i.''xpell5e" buoy, or beacon as aforesaid shall, after deducting any expenses incurred in collecting the ot lighthouse, Ac" '... . , - .. ■ .
lor which they same, be applied for the purpose of paying the expenses incurred in erecting and mainare levitd. taining Buch lighthouse, buoy, or beacon, and for no other purpose whatever. Power to borrow 7. For the purpose of constructing or repairing any such lighthouse, buoy, or beacon money or. »ecu- as aforesaid, the Board of Trade may raise, upon the security of the dues to be levied in l7*iVl8 Viet. respect thereof, such 6ums of money as they may deem fit; and the Commissioners of c. 104. s». 42t, Her Mejestv's Treasurv, out of anv monies which may be provided bv Parliament, the
Public Works Loan Commissioners, or any other person or body of persons, may advance IS & 19 Viot. the same accordingly, such advances to be made in the same manner, with the samo c. 91.
powers, and subject to the same provisions, so far as circumstances permit, in, with, and
subject to which, under the Merchant Shipping Act, 1854, advances may be made upon the security of the Mercantile Marine Fund for the construction and repair of lighthouses in the United Kingdom.
S. Accounts shall be kept of all sums expended in the construction, repair, or Account* for maintenance of every lighthouse, buoy, or beacon in the British possessions abroad for ^''to'he'ke"}"'' wnich dues are levied under the authority of this Act, and of the dues received in respect ud laid before thereof, in such manner as the Board of Trade may direct, and shall be laid before p"I*!Rm ^'lt^n'1 Parliament annually; and the said accounts ahall be audited in such manner as Her j° £ "g ylct' Majesty may by Order in Council direct. c. 104, a. 428.
9. Any person who, in any declaration made in the presence of or produced to any Regutry of Shipt. registrar of shipping, in pursuance of the Second Part of the Merchant Shipping Act, p ~— 1854, or in any documents or other evidence produced to such registrar, wilfully makes, cbant Shipping or assists in making or procures to be made, any false statement concerning the title to Act, 1854. or the ownership of or the interests existing in any Bhip, or any share or shares in any panau^Tn fa)ie ship, or who utters, produces, or makes use of any declaration or document containing any declarations such false statement, knowing the same to be false, shall be guilty of a misdemeanor. M^rchanVsH
10. Snares of ships registered under the said Merchant Shipping Act, 1854, shall pi„g Act. 'P be deemed to be included in the word " Stock," as defined by the Trustee Act, 1850, and '7 & 18 Vict, the provisions of such last-mentioned Act shall be applicable to such shares accordingly. sh^Yn'Ship
11. In any case in which any bill of sale, mortgage, or other instrument for the disposal ping wiihln the or transfer of any ship or any share or shares therein or of any interest therein is made in J^J'88 Ac'' any form or contains any particulars other than the form and particulars prescribed and 13 &14 yict. approved for the purpose by or in pursuance of the Merchant Shipping Act, 1854, no c«o. registrar shall be required to record the same without the express direction of the Com- Jn'e'mJ1 0"n8trl' missioners of Her Majesty's Customs. 17 & 18 Vict.
12. Upon the transfer of the registry of a ship from one port to another, the certificate ^' j^"'
of registry required by the Ninetieth Section of the Merchant Shipping Act, 1854, to tiHcat» upon.0"' be delivered up for that purpose, may be delivered up to the registrar of either of transfer of such ports. M'viot
13. The Commissioners of Customs may, with the consent of the Board of Trade, c. 104, a. 90. exempt any pleasure yacht from the provision contained in the thirty-fourth section of ^""JJ'JjJ" °f the Merchant Shipping Act, 1854, which requires the name of every ship and the port from having"
to which she belongs to be painted on her stern. name painted on
14. The owner of any ship which is measured under rule 2, contained in the Twenty- J^JJ1 '18 yict ■econd Section of the Merchant Shipping Act, 1854, may at any subsequent period apply <•. 104, ».84.
to the Commissioners of Customs to have the said ship remeasured under rule 1, con- ^[Ji'" TM1lj*e"^TM<1 tained the Twenty-first Section of the same Act, and the said commissioners may there- m«y be measured upon, and upon payment of such fee not exceeding Is. &d. for each transverse section as Uo*hp R"ie I. they may authorise, direct the said ship to be remeasured accordingly, and the number '^m'!). 2" and denoting the register tonnage shall be altered accordingly. 22.
15. The copy or transcript of the register of any British ship which is kept by the General register Chief Registrar of Shipping at the Custom House in London, or by the Registrar- fyo*,|lJnvIeTMd0n' General of Seamen, under the direction of Her Majesty's Commissioners of Customs or c. 104, a. 107.
of the Board of Trade, shall have the same effect to all intents and purposes as the original register of which the same is a copy or transcript.
16. The Board of Trade may issue instructions concerning the relief to be administered jfatttn and to distressed seamen and apprentices, in pursuanceof the Two hundred and eleventh and oVomcn. Tiro hundred and twelfth Sections of the Merchant Shipping Act, 1854, and maybysueh pART m 0r instructions determine in what cases and under what circumstances and conditions such Merchant Shiprelief is to be administered ; and all powers of recovering expenses incurred with respect plD*" Ael»18Mto distressed seamen and apprentices, which by the two hundred and thirteenth section Extension of
of the said Act are given to the Board of Trade, shall extend to all expenses incurred by provisions conany foreign government for the purposes aforesaid, and repaid to such government by "^'"tuu^ re"ef Her Majesty's government, and shall likewise extend to any expenses incurred by the seamen, conveying home such seamen or apprentices in foreign as well as I5ritish ships; and all J7 ^^ jl'" provisions concerning the relief of distressed seamen and apprentices, being subjects of 212, ami 211 ■. Her Majesty, which are contained in the said sections of the Raid Act, and in this section, shall extend to such seamen and apprentices, not being subjects of Her Majesty, as are reduced to distress in foreign parts by reason of their having been shipwrecked, discharged, or left behind from any British ship; subject nevertheless to such modifications and directions concerning the cases in which relief is to be given to such foreigners, and the
18 & 10 Vict, country to which they arc to be sent, as the Board of Trade may, under the circumstance?, c. 91. think fit to make and issue.
17. The enactment of the Merchant Shipping Act, 1851, relating to savings banks
Enactment eon- shall apply to all seamen and to their wives and families, whether such seamen belong to b»nk"ex"nd'ej l'le rova' nav'}' or '° the merchant service, or to any other sea service, to seamen in the 18. Any naval court summoned, under the provisions of the Merchant Shipping Act. ??718 Vict 1854, to hear any complaint touching the conduct of the master or any of the crew of c. in, ». 180. any ship, shall, in addition to the powers given to it by the said act, have power to try Additional the said master or any of the said crew for any offences against the Merchant Shipping courts? ° navi1 Act, 1851, in respect of which two justices would, if the case were tried in the United 17 & 18 Vic». Kingdom, have power to convict summarily, and by order duly made to inflict the same !>ijj0*',s' 2"° t0 punishments for such offences which two justices might in the case aforesaid inflict upon summary conviction; provided, that in cases where an offender is sentenced to imprisonment the sentence shall be confirmed in writing by the senior naval or consular officer present at the place where the court is held, and the place of imprisonment, whether ca land or on board ship, shall be approved by him as a proper place for the purpose, and copies of all sentences made by any naval court summoned to hear any such complaint us aforesaid shall be scut to the commander-in-chief or senior naval officer of the station. Wr«l-3, Ca'ual- 19. Whenever any articles belonging to or forming part of any foreign ship which has dej, aiut Salvage. \yeen wrecked on or near the coasts of the United Kingdom, or belonging to or formin; Past VIII. of part of the cargo thereof, are found on or near such coasts, or are brought into any port ^"''aci' 1851. m tne United Kingdom, the consul-general of the country to which such ship, or, in the pmg c ■ cage 0j- gargo t0 wnich the owners of such cargo, may have belonged, or any consular In c»a.; of wreck officer of such country authorised in that behalf by any treaty or agreement with suck eonsuTgenenMo country, shall in the absence of the owner of such ship or articles, and of the master be de-uied agent or other agent of the owner, be deemed to be the agent of the owner, so far as relates to of owner. the custody and disposal of such articles.
Remuneration for 20. In cases where services are rendered by officers or men of the coast guard service * uanT" by C°,St 'n wa^cn'n5 or protecting shipwrecked property, then, unless it can be shown that such services have been declined by the owner of such property or his agent at the time they were tendered, or that salvage has been claimed and awarded for such services, the owner of the shipwrecked property shall pay in respect of the said services remuneration according to a scale to be fixed by the Board of Trade, so, however, that such scale shall not exceed any scale by which payment to officers and men of the coast guard for extra duties in the ordinary service of the Commissioners of Customs is for the time being regulated; and such remuneration shall be recoverable by the same means and shall be paid to the same persons and accounted for and applied in the same manner as fees received by receivers appointed under the Merchant Snipping Act, 1854. legal Procedurt. 21. If any person, being a British subject, charged with having committed any crime 1'aet X~of Mer or on°ence on Doar(l any British ship on the high seas or in any foreign port or harbour, chant Shipping or if any person, not being a British subject, charged with having committed any crime Act, 1854. or offence on board any British ship on the high seas, is found within the jurisdiction of Jurisdiction in coaT^ °' justice in Her Majesty's dominions which would have had cognisance of such cue oi off-nc s crime or offence if committed within the limits of its ordinary jurisdiction, such court 12 A>i3dYic't'1 Bna" kaTe jur's(liction t° near aQd try the case as if such crime or offence had been comc. 96. 'mitted within such limits: provided, that nothing contained in this section shall be construed to alter or interfere with the Act of the thirteenth year of Her present Majesty, chapter ninety-six.
ilucillantmu. 22. It shall be the duty of the East India Company to take charge of and send home — or otherwise provide for all persons, being Lascars or other natives of the territories under ch«ntXs''i°pr!i'!'»' *'nc g°vernmen' of the said Company, who are found destitute in the United Kingdom;
Act, 1854. and if any such person is relieved and maintained by any guardians, overseers, or other ReliefTFdest' Per90ns administering the relief of the poor, such overseers, guardians, or other persons tute Lascars.' mayi by letter sent through the post or otherwise, give notice thereof in writing to the Secretary of the Court of Directors of the East India Company, specifying, so far as is practicable, the following particulars; viz.,
1. The name of the person so relieved or maintained:
2. The presidency or district or part of the territories of the East India Company of
which he professes to be a native:
3. The name of the ship in which he was brought to the United Kingdom:
4. The port or place abroad from which such ship sailed, and the port or place in the
United Kingdom at which such ship arrived, when he was so brought to the
persons, out of the revenues of the said Company, all monies duly expended by them in 18 & 19 Vict. relieving or maintaining such destitute person, after the time at which such notice afore- c. 91. said is sent or otherwise given.
23. It shall be lawful for any master or owner of a ship or his agent to enter into Contracts may agreements with Lascars or natives of the territories of the East India Company, binding nattvea l'indla them to proceed to any port or ports in the United Kingdom, either as seamen or as under certain passengers, and there to enter into a further agreement to serve as seamen in any ship ^"^^'10 R'"to ■which may happen to be there, and to be bound to any port in the territories of the East the United KingIndia Company; provided, that every such original agreement shall be made in such dora. 411611 <o form, and shall contain Buch provisions, and shall be executed in such manner, and under" such conditions for securing the return of such Lascars or natives to their own country, and India or elsefor other purposes, as the Governor General of India in council, or the governors of the re- wll8respective presidencies in which the original agreement is made, in council may direct; and
if any Lascar or other person who has bound himself by any such original agreement is, on arriving at the United Kingdom, required to enter into a further agreement to serve as a seaman in any ship bound to any port in the territories of the East India Company, and if it is certified by gome officer appointed for that purpose by the East India Company that such further agreement is a proper agreement in all respects for such Lascar or other person to enter into, and is in accordance with the original agreement, and that the ship to which such further agreement relates is in all respects a proper ship for such Lascar or other person to serve in, and that there is not, in the opinion of such officer, any objection to the full performance of the said original agreement, such Lascar or other person shall be deemed to be engaged under such further agreement, and to serve as a seaman in the ship to which it relates, and shall thereupon be deemed to be for all purposes one of the crew of the ship; and for every Lascar or other person in respect of whom such certificate is applied for, the person applying for the same shall pay to such officer as aforesaid such fee as the East India Company may appoint, not exceeding ten
shillings. Savin of former
24. Nothing herein contained shall be deemed to repeal or affect any provisions con- enacimenta? tained in the twenty-fifth, twenty-sixth, twenty-seventh, twenty-eighth, twenty-ninth, < Oeo. 4, c. 80, thirtieth, thirty-first, or thirty-fourth sections of the act of the fourth year of King George 17 & ig v*ict the Fourth, chapter eighty, or in the sixteenth section of the act of the eighteenth year c. 120, a. is. of Her present Majesty, chapter one hundred and twenty.
THE PASSENGERS ACT, 1855.
18 & 19 Viot. c. 119.
AN ACT TO AMBND THE LAW RELATING TO THE CARRIAGE OF
WniRKAS it is expedient to amend "The Passengers Act, 1855:" Be it therefore enacted by the Queen's most Excellent majesty, by and with the advice and consent of 18 & ]o yICT the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, c. 119. and by the authority of the same, as follows :— ——
1. On the first day of October next, when this Act shall commence and come into Prefatory Claiuti force, "The Passengers Act, 1852," shall be repealed; except so far as the said Act — repeals any former Act or enactment; and except as to existing Passage Brokers' onTi^Act^nd Licences, which shall continue in force as mentioned in section sixty-eight of this Act, repeal of former and except as to any ship which shall have cleared out from any colonial port under the eVlatfn^Fabffl!* said Act, and before this Act shall have come into operation in such colony; and except tiea, and except so far as may be necessary for supporting or continuing any proceeding heretofore taken J"^*" 0rder in or hereafter to be taken upon any bond given under the said Act, or upon any other 16th OeLUH civil process; and except as to the recovery and application of any penalty for any offence committed against the said Act before the commencement of this Act; and except also as to an Order in Council made by Her Majesty, with the advice of her Privy Council, on the sixteenth day of October one thousand eight hundred and fifty-two, in pursuance of the powers given by the fifty-fifth section of the said Act, which said