M. S. Act, 1854.

Penalty for using improper certificate.

Penalties.

For unduly assuming a British character.

For concealment of British or assumption of foreign character.

For acquiring ownership if unqualified.

For false declaration of ownersnip.

(5.) Forfeiture of Ships.

THE MERCHANT SHIPPING ACT, 1854.

17 & 18 VICT. c. 104.

52. If the master or owner of any ship uses or attempts to use for the navigation of such ship a certificate of registry not legally granted in respect of such ship, he shall be guilty of a misdemeanour, and it shall be lawful for any commissioned officer on full pay in the military or naval service of her Majesty, or any British officer of customs, or any British consular officer, to seize and detain such ship and to bring her for adjudication before the High Court of Admiralty in England or Ireland or any Court having Admiralty jurisdiction in her Majesty's dominions; and, if such Court is of opinion that such use or attempt at use has taken place, it shall pronounce such ship, with her tackle, apparel, and furniture, to be forfeited to her Majesty, and may award such portion of the proceeds arising from the sale of such ship as it may think just to the officer so bringing in the same for adjudication.

103. The offences hereinafter mentioned shall be punishable as follows:

:

(1.) If any person uses the British flag and assumes the British
national character on board any ship owned in whole or in
part by any persons not entitled by law to own British ships,
for the purpose of making such ship appear to be a British
ship, such ship shall be forfeited to her Majesty, unless such
assumption has been made for the purpose of escaping cap-
ture by an enemy or by a foreign ship of war in exercise of
some belligerent right: and in any proceeding for enforcing
any such forfeiture, the burden of proving a title to use the
British flag and assume the British national character shall
lie upon the person using and assuming the same.
(2.) If the master or owner of any British ship does or permits to
be done any matter or thing, or carries or permits to be
carried any papers or documents, with intent to conceal the
British character of such ship from any person entitled by
British law to inquire into the same, or to assume a foreign
character, or with intent to deceive any such person as lastly
hereinbefore mentioned, such ship shall be forfeited to her
Majesty; and the master, if he commits or is privy to
the commission of the offence, shall be guilty of a mis-
demeanour.

(3.) If any unqualified person, except in the case of such trans-
mitted interests as are hereinbefore mentioned, acquires as
owner any interest, either legal or beneficial, in a ship
using a British flag and assuming the British character, such
interest shall be forfeited to her Majesty.

(4.) If any person, on behalf of himself or any other person or body of persons, wilfully makes a false declaration touching the qualification of himself or such other person or body of persons to own British ships or any shares therein, the declarant shall be guilty of a misdemeanour; and the ship

1854.

or share in respect of which such declaration is made, if the M. S. Act, same has not been forfeited under the foregoing provision, shall, to the extent of the interest therein of the person making the declaration, and, unless it is shown that he had no authority to make the same, of the parties on behalf of whom such declaration is made, be forfeited to her Majesty. And, in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of her Majesty, or any British officer of customs, or any British consular officer, to seize and detain any ship which has, either wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjudication before the High Court of Admiralty in England or Ireland, or any Court having Admiralty jurisdiction in her Majesty's dominions; and such Court may thereupon make such order in the case as it may think fit, and may award to the officer bringing in the same for adjudication such portion of the proceeds of the sale of any forfeited ship or share as it may think right.

any seizure

104. No such officer as aforesaid shall be responsible, either civilly Officer not or criminally, to any person whomsoever, in respect of the seizure liable for or detention of any ship that has been seized or detained by him in made on pursuance of the provisions herein contained, notwithstanding that reasonable such ship is not brought in for adjudication, or, if so brought in, is grounds. declared not to be liable to forfeiture, if it is shown to the satisfaction of the Judge or Court before whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but, if no such grounds are shown, such Judge or Court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as it thinks just.

APPENDIX II.

ORDERS AS TO COSTS AND FEES.

PART I.
COSTS.

ADDITIONAL RULES OF COURT UNDER THE SUPREME A.D. 1875. COURT OF JUDICATURE ACT, 1875.

ORDER VI.

The following regulations as to costs of proceedings in the Costs. Supreme Court of Judicature shall regulate such costs from the commencement of the Supreme Court of Judicature Acts, 1873 and 1875:

1. Solicitors shall be entitled to charge and be allowed the fees set forth in the column headed "lower scale" in the schedule hereto,In all causes and matters by the 34th section of the said Act assigned to the Probate, Divorce, and Admiralty Division of the Court.

3. Notwithstanding these rules, the Court or Judge may in any case direct the fees set forth in either of the said two columus to be allowed to all or either or any of the parties, and as to all or any part of the costs.

The fees on the higher scale are to be allowed in actions for salvage when £1000 or upwards is awarded.

In actions for damage by collision to plaintiffs when £1000 or upwards is recovered, exclusive of interest:

To defendants when £2000 or upwards is claimed by the plaintiffs: But, in any case in which the fees on the higher scale are sanctioned, the taxing officer is to exercise a discretion as to the extent to which those under the heads appearances, instructions, perusals, and attendances are to be allowed.

A.D. 1875.

THE SCHEDULE ABOVE REFERRED TO (a).

An order or rule herein referred to by number shall mean the order or rule so numbered in the first schedule to the Supreme Court of Judicature Act, 1875.

WRITS, SUMMONSES, AND WARRANTS.

SERVICES, NOTICES, AND DEMANDS.

Service of any writ, summons, warrant, inter-
rogatories, petition, order, notice, or demand
on a party who has not entered an appear-
ance, and if not authorised to be served by
post...
If served at a distance of more than two miles

...

...

100

0 2

004

120

050 050

(a) For precedents of Bills of Costs, see post, Appendix VI.