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Pt. XI.

(2.) A local lighthouse authority shall not erect or place any 654. lighthouse, buoy, or beacon, or remove or discontinue any lighthouse, buoy, or beacon, or vary the character of any lighthouse, buoy, or beacon, or the mode of exhibiting lights in any lighthouse, buoy, or beacon, without the sanction of the general lighthouse authority.

(3.) If a local lighthouse authority having power to erect, place, or maintain any lighthouse, buoy, or beacon, at any place within a lighthouse area, fail to do so, or fail to comply with the direction of a general lighthouse authority under this section with respect to any lighthouse, buoy, or beacon, Her Majesty may, on the application of the general lighthouse authority, by Order in Council, transfer any powers of the local lightliouso authority with respect to that lighthouse, buoy, or beacon, including the power of levying dues, to the general lighthouse authority.

(4.) On the making of any Order in Council under this section, the powers transferred shall be vested in the general lighthouse authority to whom they are transferred, and the lighthouse, buoy, or beacon in respect of which the Order is made, and the dues leviable in respect thereof, shall respectively be subject to the same provisions as those to which a lighthouse, buoy, or beacon provided by that general lighthouse authority under this Part of this Act, and the light dues leviable under this Part of this Act are subject.

(5.) Nothing in this section shall apply to local buoys and beacons placed or erected for temporary purposes.

654.—(1.) A local lighthouse authority may, if they think Surrender of fit, surrender or sell any lighthouse, buoy, or beacon held by J"0*1 h»ht" them to the general lighthouse authority within whose area it is ri85( *g .,„,

situated, and that general lighthouse authority may, with the'

consent of the Board of Trade, accept or purchase the same.

(2.) The purchase money for any lighthouse, buoy, or beacon so sold to a general lightliouso authority shall be paid out of the Mercantile Marine Fund (a).

(<3.) On the surrender or sale of a lighthouse, buoy, or beacon under this section to a general lighthouse authority,—

(a.) the lighthouse, buoy, or beacon surrendered or sold shall, together with its appurtenances, become vested in tho general lighthouse authority, and shall be subject to the same provisions as if it had been provided by that authority under this Part of this Act; and

(b.) the general lighthouse authority shall be entitled to receive either the dues which were leviable in respect of the lighthouse, buoy, or beacon surrendered or sold at the time of the surrender or sale, or, if Her Majesty so directs by Order in Council, such dues as may be fixed by Order in Council, and those dues shall be

Pt. XI. 655—657. subject to the same provisions and regulations as light

dues for a lighthouse completed by a general lighthouse

authority under this Aot.

(a) Now the General Lighthouse Fund: see Merchant Shipping (Mercantile Marino Fund) Act, 1898, s. 1 (c).

Light dues for 655.—(1.) If any lighthouse, buoy, or beacon is erected or local lights, placed, or reconstructed, repaired, or replaced by a local light[1862, ss. 46, house authority, Her Majesty may, on the application of that authority, by Order in Council, fix such dues to be paid to that authority in respect of every ship which enters the port or harbour under the control of that authority or the estuary in which the lighthouse, buoy, or beacon is situate, and which passes the lighthouse, buoy, or beacon and derives benefit therefrom as Her Majesty may think reasonable.

(2.) Any dues fixed under this section (in this Act referred to as local light dues) shall be paid by the same persons and may be recovered in the same manner as light dues under this Part of this Act.

(3.) Her Majesty may, by Order in Council, reduce, alter, or increase any local light duos, so that those dues, as far as possible, may be sufficient and not more than sufficient for the payment of the expenses incurred by the local lighthouse authority in respect of the lighthouses, buoys, or beacons for which the dues are levied.

Application of 656.—(1.) All local light dues shall be applied by the local light authority by whom they are levied for the purpose of the conrisr> 47 i s^ruction, placing, maintenance, and improvement of the lightL '*' '■' houses, buoys, and beacons in respect of which the dues are levied, and for no other purpose.

(2.) The local lighthouse authority to whom any local light dues are paid shall keep a separate account of the receipt and expenditure of those dues, and shall, once in every year or at such other time as the Board of Trade may determine, send a copy of that account to the Board of Trade, and shall send the same in such form and shall give such particulars in relation thereto as the Board of Trade requires.

Reduction of 657. A local lighthouse authority may, with the consent of local light jjer Majesty in Council (if thej' have not otherwise power to do

r39&40Vict so)' re<^uco a^ or nnv ^ues receivable by them in respect of o. 27.] IC lighthouses, buoys, and beacons.

The only Orders in Council now (June 1st, 1907) in force are those of 14th July, 1899 [London Gazette, 18th July), 3rd March, 1900 (London Gazette, 9th March), reducing light dues levied by tho Trinity House of Kingston-upon-Hull. See St. R. & O. 1899, No. 590; 1900, No. 176.

Pt. XI. 658-660.

Expenses of General Lighthouse Authorities.

Tho provisions of ss. 658—665 were included under tho heading "Mercantile Marine Fund" in M. S. A. 1854 (see Part XII. of tho present Act). They then, however, referred also to "the service of lastage and ballastage" in the River Thames, a service which has now ceased to exist.

658. The expenses incurred by the general lighthouse autho- Payment of rities in the works and services of lighthouses, buoys, and experaesout beacons under this Part of this Act, or in the execution of any 0f Mercantile works necessary or expedient for the purpose of permanently Marine Fund, reducing the expense of those works and services, shall be paid [1854,8.418.] out of the Mercantile Marine Fund (a).

A provision to the same effect is contained in s. 677 (i). Cf. ss. 648, sub-s. (1), 6-54, sub-s. (2).

(a) Now the General Lighthouse Fund: see Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 1 (b), (c).

659.—(1.) Her Majesty may by Order in Council fix the Establishestablishments to be maintained by each of the general light- J^^gi house authorities on account of the services of lighthouses, lighthouse buoys, and beacons, or the annual or other sums to be paid out authorities, of the Mercantile Marine Fund (a) in respect of those establish- C183-*. s. 420.] ments (b).

(2.) If it appears that any part of the establishments of the general lighthouse authorities is maintained for other purposes as well as for the purposes of their duties as general lighthouse authorities, Her Majesty may by Order in Council fix the portion of the expense of those establishments to be paid out of the Mercantile Marine Fund.

(3.) An increase of any establishment or part of an establishment fixed under this section shall not be made without the consent of the Board of Trade.

(a) Now the General Lighthouse Fund: see Merchant Shipping (Mercantilo Marine Fund) Act, 1898, s. 1 (o).

(A) This power has been exercised by Orders in Council as follows :— The office establishment was fixed by an Order in Council, 16th February, 1903, and the engineering establishment by one of 20th May, 1903. As to Commissioners of Northern Lighthouses, tho establishment was fixed by an Order in Council of 16th March, 1892; and as to Commissioners of Irish Lights, 20th March, 1905. As to the saving of Orders in Council, see s. 745.

660.—(1.) An expense of a general lighthouse authority in Estimates or respect of the services of lighthouses, buoys, and beacons shall accounts of not be paid out of the Mercantile Marine Fund (a) or allowed in to Board of" account, unless either it has been allowed as part of the esta- Tnide. blishment expenses under this Act, or an estimate or account [1854, ss. 422, thereof has been approved by tho Board of Trade. 42'! J

(2.) For the purpose of approval by the Board of Trade, each

Pt. XI.

661—662. of the general lighthouse authorities shall submit to that Board ~ an estimate of all expenses to be incurred by them in respect of lighthouses, buoys, or beacons, other than expenses allowed under this Act on account of their establishments, or, in case it is necessary in providing for any sudden emergency to incur any such expense without waiting for the sanction of an estimate, shall as soon as possible submit to the Board of Trade a full account of the expense incurred.

(3.) The Board of Trade shall consider any estimates and accounts so submitted to them, and may approve them either with or without modification.

(a) References in Part XI. to this fund are now to be construed as referring to the General Lighthouse Fund: Bee Merchant Shipping (Mercantile Marine Fund) Act, 1898, H. 1 (c).

Advances by 661 («)•—(1.) For the purpose of the construction and repair

r ^hthUry f°r °^ bghthouses, and of other extraordinary expenses connected

expenses. with lighthouses, buoys, and beacons, the Treasury may, upon

[1854, s. 424.] the application of the Board of Trade, advance out of the growing

produce of the Consolidated Fund such sums, and upon such

terms and at such rate of interest, as they think fit, and pay the

same into the Mercantile Marine Fund (b), but the total amount

due in respect of any such advances shall not at any one time

exceed two hundred thousand pounds.

(2.) Where the Treasury advance any sum under this section, that sum and the interest thereon shall be a charge upon the Mercantile Marino Fund (b), and upon any dues, rates, fees, or other payments payable thereto, and the Board of Trade shall make such provision for the repayment thereof out of that fund either by way of sinking fund or otherwise as the Treasury require.

(3.) A charge under this section for the purpose of an advance by the Treasury shall not prevent the reduction of any dues, rates, fees, or other payments payablo to the Mercantile Marine Fund (//), if the reduction is sanctioned by the Treasury.

(rt) Sects. CC1, 662 and CG3 now apply in the case of colonial light?: see Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 2.

(b) Now the General Lighthouse Fund. See note («) to s. 660.

Mortgage of 662 (")■—(1.) The Board of Trade may mortgage the MerMercantile cautile Marine Fund (b), and any dues, rates, fees, or other for liphthousc payments payable thereto, or any part thereof, for the purpose expenditure, of the construction and repair of lighthouses or other extra[1854,8.425.] ordinary expenses connected with the services of lighthouses,

buoys, and beacons.

(2.) Any mortgage under this section shall be made in such

form and executed in such manner as the Board of Trade may

direct.

Pt. XI. (3.) A person lending money on a mortgage under this 663—665. section shall not be bound to inquire as to the purpose for which the money is raised or the manner in which it is applied.

(a) Seo note (o) to 8. 661.

(4) Now the General Lighthouse Fund. See note (a) to 8. 660.

663(a)-—(!•) The Public Works Loan Commissioners may, Advances by for the purpose of the construction and repair of lighthouses or Public Works other extraordinary expenses connected with the service of light- LoanComm'8houses, huoys, and hoacons, advance money upon mortgage of rlg54 ' ,,„ , the Mercantile Marine Fund (b), and the several dues, rates, fees (e), and payments to be carried thereto under this Act, or any of them, or any part thereof, without requiring any further security than that mortgage.

(2.) Notwithstanding anything in this Act, every mortgage so made to the Public Works Loan Commissioners shall be made in accordance with the Acts regulating loans by the Public Works Loan Commissioners.

(3.) An advance by the Public Works Loan Commissioners shall not prevent any lawful reduction of any dues, rates, fees, or other payments payable to the Mercantile Marine Fund {b) if that reduction is assented to by the Public Works Loan Commissioners.

(a) Sects. G61, 662 and 663 now apply in the case of colonial lights: seo Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 2.

(b) All references in Part XI. of the Act to the Mercantile Marine Fund are now to be construed as references to the General Lighthouse Fund: sec Merchant Shipping (Mercantile Marino Fund) Act, 1898, s. 1 (c).

(c) The provisions of tho Public Works Loans Act, 1897, apply to loans on the security of the General Lighthouse Fund. See Public Loans Act, 1897, s. 11.

664. Each of tho general lighthouse authorities shall account Accounts of to the Board of Trade for their receipts from light dues and for general their expenditure in respect of expenses paid out of the Mercan- authorities tile Marine Fund (a), in such form, and at such times, and with r1854 8 r',- -. such details, explanations, and vouchers, as the Board of Trade require, and shall, when required by that Board, permit all books of accounts kept by or under their respective direction to bo inspected and examined by such persons as that Board appoint for that purpose.

(a) See note (A) to s. 663 above.

665.—(1.) A general lighthouse authority may, with tho Tower to

sanction of the Board of Trade, grant superannuation allow- gTM11'

ances or compensation to persons whose salaries are paid out of l)e"flon?the Mercantile Marine Fund (a) on their discharge or retirement. '"'

(2.) No superannuation allowance or compensation granted under this section to a person shall exceed the proportion of his

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