ÆäÀÌÁö À̹ÌÁö
PDF
ePub
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

18 & 19 VICT. C. 91.

Short Title of

Act.

17 & 18 Vict. c. 104.

Colonial Lighthouses.

Her Majesty

may by Order in

Council fix dues for colonial lighthouses.

No such dues to

be levied in any colony without the consent of the colonial

legislature.

Mode of collect

17 & 18 Vict.

c. 104, ss. 399, 400, 401.

MERCHANT SHIPPING ACT AMENDMENT ACT, 1855.

18 & 19 VICT. c. 91.

AN ACT TO FACILITATE THE ERECTION AND MAINTENANCE OF COLONIAL
LIGHTHOUSES, AND OTHERWISE TO AMEND THE MERCHANT

SHIPPING ACT, 1854.

WHEREAS it is expedient to make provision for facilitating the erection and maintenance of lighthouses in the British possessions abroad, and otherwise to amend the Merchant Shipping Act, 1854: 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 as "The Merchant Shipping Act Amendment Act, 1855," and shall be taken to be part of the Merchant Shipping Act, 1854, and shall be construed accordingly.

2. In any case in which any lighthouse, buoy, or beacon has been or is hereafter erected or placed on or near the coasts of any British possession, by or with the consent of the legislative authority of such possession. Her Majesty may, by order in council, fix such dues in respect thereof, to be paid by the owner or master of every ship which passes the same or derives benefit therefrom, as Her Majesty may deem reasonable, and may in like 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 herein-after mentioned.

3. No such dues as aforesaid shall be levied in any colony unless and until the legislative authority in such colony has, either by address to the Crown, or by an Act or Ordinance duly passed, signified its opinion that the same ought to be levied in such colony.

4. The said dues shall in the United Kingdom be collected by the same persons by ing the said dues. whom, and by the same means, in the same manner, and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the light dues leviable under the 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 subject 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.

Dues to be paid over to Her

Majesty's Paymaster-General.

Dues to be ap

5. All dues levied under this Act shall be paid over to Her Majesty's PaymasterGeneral at such times and in such manner as the Board of Trade may direct, and shall be applied, paid, and dealt with by him, for the purposes herein-after mentioned, in such manner as such board may direct.

6. The dues levied under the authority of this Act in respect of any such lighthouse, plied to expenses buoy, or beacon as aforesaid shall, after deducting any expenses incurred in collecting the same, be applied for the purpose of paying the expenses incurred in erecting and maintaining such lighthouse, buoy, or beacon, and for no other purpose whatever.

of lighthouse, &c. for which they

are levied.

Power to borrow money on security of dues. 17 & 18 Vict.

c. 104, ss. 421, 425, 426.

7. For the purpose of constructing or repairing any such lighthouse, buoy, or beacon as aforesaid, the Board of Trade may raise, upon the security of the dues to be levied in respect thereof, such sums of money as they may deem fit; and the Commissioners of Her Majesty's Treasury, out of any monies which may be provided by Parliament, the

c. 91.

Public Works Loan Commissioners, or any other person or body of persons, may advance 18 & 19 VICT. the same accordingly, such advances to be made in the same manner, with the same 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.

8. Accounts shall be kept of all sums expended in the construction, repair, or Accounts for maintenance of every lighthouse, buoy, or beacon in the British possessions abroad for each lighthouse, &c. to be kept, which dues are levied under the authority of this Act, and of the dues received in respect and laid before thereof, in such manner as the Board of Trade may direct, and shall be laid before parliament and to be audited. Parliament annually; and the said accounts ahall be audited in such manner as Her Majesty may by Order in Council direct.

17 & 18 Vict.

PART II. of Mer

under Part II. of
Merchant Ship-
ping Act.
17 & 18 Vict.

c. 104, s. 428. 9. Any person who, in any declaration made in the presence of or produced to any Registry of Ships. registrar of shipping, in pursuance of the Second Part of the Merchant Shipping Act, 1854, or in any documents or other evidence produced to such registrar, wilfully makes, chant 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 ship, or any share or shares in any Penalty on false 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. 10. Shares of ships registered under the said Merchant Shipping Act, 1854, shall be deemed to be included in the word "Stock," as defined by the Trustee Act, 1850, and the provisions of such last-mentioned Act shall be applicable to such shares accordingly. 11. In any case in which any bill of sale, mortgage, or other instrument for the disposal or transfer of any ship or any share or shares therein or of any interest therein is made in Trustee Act, any form or contains any particulars other than the form and particulars prescribed and 13 & 14 Vict. approved for the purpose by or in pursuance of the Merchant Shipping Act, 1854, no c. 60. registrar shall be required to record the same without the express direction of the Com- Forms of instru missioners of Her Majesty's Customs.

12. Upon the transfer of the registry of a ship from one port to another, the certificate of registry required by the Ninetieth Section of the Merchant Shipping Act, 1854, to be delivered up for that purpose, may be delivered up to the registrar of either of such ports.

c. 104, s. 103. Shares in Shipping within the

1850.

ments.
17 & 18 Vict.

c. 104, s. 96.
Delivery of cer-
tificate upon
transfer of

registry.
17 & 18 Vict.

13. The Commissioners of Customs may, with the consent of the Board of Trade, c. 104, s. 90. exempt any pleasure yacht from the provision contained in the thirty-fourth section of Exemption of certain ships 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 stern.

under Rule II.

14. The owner of any ship which is measured under rule 2, contained in the Twenty- 17 & 18 Vict. second Section of the Merchant Shipping Act, 1854, may at any subsequent period apply c. 104, s. 34. to the Commissioners of Customs to have the said ship remeasured under rule 1, con- Ships measured tained the Twenty-first Section of the same Act, and the said commissioners may there- may be measured upon, and upon payment of such fee not exceeding 78. 6d. for each transverse section as under Role I. they may authorise, direct the said ship to be remeasured accordingly, and the number 17 & 18 Vict. denoting the register tonnage shall be altered accordingly.

c. 104, ss. 21 and

22.

17 & 18 Viet,

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- books in London. General of Seamen, under the direction of Her Majesty's Commissioners of Customs or 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.

c. 104, s. 107.

Masters and
Seamen.

PART III. of Merchant Shipping Act, 1854.

of destitute

16. The Board of Trade may issue instructions concerning the relief to be administered to distressed seamen and apprentices, in pursuance of the Two hundred and eleventh and Two hundred and twelfth Sections of the Merchant Shipping Act, 1854, and may by such instructions determine in what cases and under what circumstances and conditions such relief is to be administered; and all powers of recovering expenses incurred with respect to 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 cerning the relief 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 British ships; and all 17 & 18 Vict. provisions concerning the relief of distressed seamen and apprentices, being subjects of 212, and 213. Her Majesty, which are contained in the said sections of the said 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

c. 104, ss. 211,

18 & 19 VICT, country to which they are to be sent, as the Board of Trade may, under the circumstances, think fit to make and issue.

c. 91.

Enactment con

17. The enactment of the Merchant Shipping Act, 1854, relating to savings banks shall apply to all seamen and to their wives and families, whether such seamen belong to cerning Savings the royal navy or to the merchant service, or to any other sea service.

banks extended

to seamen in the

navy.

17 & 18 Vict.

c. 104, s. 180. Additional powers of naval courts.

17 & 18 Vict.

. 104, ss. 260 to 266.

18. Any naval court summoned, under the provisions of the Merchant Shipping Act, 1854, to hear any complaint touching the conduct of the master or any of the crew of any ship, shall, in addition to the powers given to it by the said act, have power to try the said master or any of the said crew for any offences against the Merchant Shipping Act, 1851, in respect of which two justices would, if the case were tried in the United Kingdom, have power to convict summarily, and by order duly made to inflict the same 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 on 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 as aforesaid shall be sent to the commander-in-chief or senior naval officer of the station. 19. Whenever any articles belonging to or forming part of any foreign ship which has been wrecked on or near the coasts of the United Kingdom, or belonging to or forming PART VIII. of part of the cargo thereof, are found on or near such coasts, or are brought into any pert Merchant Ship in the United Kingdom, the consul-general of the country to which such ship, or, in the ping Act, 1851. case of cargo, to which the owners of such cargo, may have belonged, or any consular In case of wreck officer of such country authorised in that behalf by any treaty or agreement with such of foreign ships, country, shall in the absence of the owner of such ship or articles, and of the master consul general to be de-med agent or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of such articles.

Wrecks, Casualties, and Salvage.

of owner.

Remuneration for

guard.

20. In cases where services are rendered by officers or men of the coast guard service services by coast in watching 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 Shipping Act, 1854.

Legal Procedure.

PART X. of Mer-
Act, 1854.

21. If any person, being a British subject, charged with having committed any crime or offence on board 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 or offence on board any British ship on the high seas, is found within the jurisdiction of any court of justice in Her Majesty's dominions which would have had cognisance of such crime or offence if committed within the limits of its ordinary jurisdiction, such court shall have jurisdiction to hear and try the case as if such crime or offence had been com 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.

Jurisdiction in case of off-nces

on board ship. 12 & 13 Vict. c. 96.

Miscellaneous.

chant Shinning Act, 1854.

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 PART XI. of Mer- the government of the said Company, who are found destitute in the United Kingdom; and if any such person is relieved and maintained by any guardians, overseers, or other persons administering the relief of the poor, such overseers, guardians, or other persons Inay, 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.,

Relief of destitute Lascars.

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 United Kingdom, and the time of such arrival :

And the said East India Company shall repay to the said overseers, guardians, or other

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

said is sent or otherwise given.

c. 91.

be made with

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 natives in India, 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 conditions, binding them to go 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 dom, and then to form, and shall contain such provisions, and shall be executed in such manner, and under serve in other ships back to 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 rewhere. spective 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 some 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.

Rs. 25 to 34.

Saving of former 24. Nothing herein contained shall be deemed to repeal or affect any provisions con- enactments. tained in the twenty-fifth, twenty-sixth, twenty-seventh, twenty-eighth, twenty-ninth, 4 Geo. 4, c. 80, thirtieth, thirty-first, or thirty-fourth sections of the act of the fourth year of King George 17 & 18 Vict. the Fourth, chapter eighty, or in the sixteenth section of the act of the eighteenth year c. 120, s. 16. of Her present Majesty, chapter one hundred and twenty.

THE PASSENGERS ACT, 1855.

18 & 19 VICT. c. 119.

AN ACT TO AMEND THE LAW RELATING TO THE CARRIAGE OF
PASSENGERS BY SEA.

WHEREAS 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 & 19 VICT. the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

c. 119.

Commencement

1. On the first day of October next, when this Act shall commence and come into Prefatory Clauses 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' of this Act, and 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 Act, except as to existing liabilisaid Act, and before this Act shall have come into operation in such colony; and except ties, and except so far as may be necessary for supporting or continuing any proceeding heretofore taken as to an Order in or hereafter to be taken upon any bond given under the said Act, or upon any other 16th Oct. 1852. 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

Council dated

« ÀÌÀü°è¼Ó »