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Pt. XI.

666-667. salary which may be granted to a person in the public civil service under the Acts relating to superannuation allowances or compensation for the time being in force.

Injury to lighthouses.

[1854, s. 414.]

Prevention of false lights.

(a) See note (b) to s. 633 above.

Offences in connection with Lighthouses, &c.

666.-(1.) A person shall not wilfully or negligently—
(a.) injure any lighthouse or the lights exhibited therein,
or any buoy or beacon;

(b.)

remove, alter, or destroy any light ship, buoy, or beacon; or

(c.) ride by, make fast to, or run foul of any light ship or

buoy.

(2.) If any person acts in contravention of this section, he shall, in addition to the expenses of making good any damage so occasioned, be liable for each offence to a fine not exceeding fifty pounds.

See also ss. 47, 48 of the Malicious Injuries Act, 1861, by which certain offences in connection with lights, buoys, &c., and the safety of ships generally, are made felonies.

667.-(1.) Whenever any fire or light is burnt or exhibited at such place or in such manner as to be liable to be mistaken [1854, ss. 415, for a light proceeding from a lighthouse, the general lighthouse 416.] authority within whose area the place is situate, may serve a notice upon the owner of the place where the fire or light is burnt or exhibited, or on the person having the charge of the fire or light, directing that owner or person, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or effectually screening the fire or light, and for preventing for the future any similar fire or light.

(2.) The notice may be served either personally or by delivery of the same at the place of abode of the person to be served, or by affixing the same in some conspicuous spot near to the fire or light to which the notice relates.

(3.) If any owner or person on whom a notice is served under this section fails, without reasonable cause, to comply with the directions contained in the notice, he shall be guilty of a common nuisance, and, in addition to any other penalties or liabilities he may incur, shall for each offence be liable to a fine not exceeding one hundred pounds.

(4.) If any owner or person on whom a notice under this section is served neglects for a period of seven days to extinguish or effectually screen the fire or light mentioned in the notice, the general lighthouse authority may, by their servants or workmen, enter upon the place where the fire or light is, and forthwith extinguish the same, doing no unnecessary damage; and may

Pt. XI.

recover the expenses incurred by them in so doing from the 668-669. owner or person on whom the notice has been served in the same manner as fines may be recovered under this Act.

See note to s. 666.

As to exemption from liability for use of registered private signals, see s. 733.

Commissioners of Northern Lighthouses.

668.-(1.) The persons holding the following offices shall be Incorporation a body corporate under the name of the Commissioners of of CommisNorthern Lighthouses; that is to say,

(a.) the Lord Advocate and the Solicitor-General for Scotland;

(b.) the lords provosts of Edinburgh, Glasgow, and Aberdeen,
and the provosts of Inverness and Campbeltown;

(c.) the eldest bailies of Edinburgh and Glasgow;
(d) the sheriffs of the counties of the Lothians and Peebles,
Lanark, Renfrew and Bute, Argyll, Inverness Elgin
and Nairn, Ross Cromarty and Sutherland, Caithness
Orkney and Shetland, Aberdeen Kincardine and
Banff, Ayr, Fife and Kinross, Dumfries and Gallo-
way; and

(e.) any persons elected under this section.

(2.) The Commissioners shall have a common seal; and any five of them shall constitute a quorum, and shall have power to do all such matters and things as might be done by the whole body.

(3.) The Commissioners may elect the provost or chief magistrate of any royal or parliamentary burgh on or near any part of the coasts of Scotland and the sheriff of any county abutting on those coasts to be a member of their body.

Provision as to Channel Islands.

sioners of
Northern
Lights.
[1854, ss. 390,

391.]

of powers in

669.-(1.) The powers of the Trinity House under this Part Restriction of this Act with respect to lighthouses, buoys, or beacons already on exercise erected or placed, or hereafter to be erected or placed, in the Channel islands of Guernsey or Jersey (other than their powers with Islands. respect to the surrender or purchase of local lighthouses, buoys, [1851, s. 411.] and beacons, and the prevention of false lights) shall not be exercised without the consent of Her Majesty in Council.

(2.) Dues for any lighthouse, buoy, or beacon erected or placed in or near the islands of Guernsey, Jersey, Sark, or Alderney shall not be taken in the islands of Guernsey or Jersey without the consent of the States of those Islands respectively.

See s. 631, sub-s. (1) (a), making Trinity House the authority for the Channel Islands.

Pt. XI. 670-673.

Dues for

colonial light

houses, &c.

[18 & 19 Vict. c. 91, ss. 2, 3.]

Collection

and recovery of colonial light dues.

[18 & 19 Vict. c. 91, s. 4.]

Payment of colonial light

dues to PaymasterGeneral.

[18 & 19 Vict. c. 91, s. 5.]

Lighthouses, &c. in Colonies.

670.-(1.) Where any lighthouse, buoy, or beacon has, either before or after the passing of this Act, been erected or placed on or near the coasts of any British possession by or with the consent of the legislature of that possession, Her Majesty may by Order in Council fix such dues (in this Act referred to as colonial light dues) to be paid in respect of that lighthouse, buoy, or beacon by the owner or master of every ship which passes the same and derives benefit therefrom, as Her Majesty may deem reasonable, and may by like order increase, diminish, or repeal such dues, and those dues shall from the time mentioned in the Order be leviable throughout Her Majesty's dominions (@).

(2.) Colonial light dues shall not be levied in any British possession unless the legislature of that possession has by address to the Crown, or by Act or Ordinance duly passed, signified its opinion that the dues ought to be levied.

(a) As to the Basses and Minicoy lights (Ceylon), see Orders in Council of 29th June, 1896 (London Gazette, 30th June); 10th August, 1903 (London Gazette, 11th August).

671.—(1.) Colonial light dues shall in the United Kingdom be collected and recovered so far as possible as light dues are collected and recovered under this Part of this Act.

(2.) Colonial light dues shall in each British possession be collected by such persons as the Governor of that possession 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, as light dues under this Part of this Act, or by such other means, in such other manner, and subject to such other conditions as the legislature of the possession direct.

As to the transfer of colonial light dues to the General Lighthouse Fund, and the payment out of that fund of the expenses of colonial lights, &c., see Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 2.

672. Colonial light dues levied under this Act shall be paid over to Her Majesty's Paymaster-General at such times and in such manner as the Board of Trade direct, and shall be applied, paid, and dealt with by him for the purposes authorised by this Act, in such manner as that Board direct.

Colonial light dues are now to be carried to the General Lighthouse Fund: see Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 2.

Application of 673. Colonial light dues shall, after deducting the expenses of colonial light collection, be applied in payment of the expenses incurred in erecting

dues.

Pt. XI.

and maintaining the lighthouse, buoy, or beacon in respect of which 674-675. they are levied, and for no other purpose.

This section is repealed by the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 8, Sched. IV., and the expenses of colonial lights are payable out of the General Lighthouse Fund. Ibid. s. 2.

[18 & 19 Vict. c. 91, s. 6.]

674. (1.) The Board of Trade may raise such sums as they Advances for think fit for the purpose of constructing or repairing any light- construction and repair of house, buoy, or beacon in respect of which colonial light dues colonial lightare levied or are to be levied on the security of those dues so houses, &c. levied or to be levied. [18 & 19 Vict.

(2.) Any sums so to be raised may be advanced by the Treasury out of moneys provided by Parliament, or by the Public Works Loan Commissioners or by any other persons, but any such advances shall be made and secured in the same manner and subject to the same provisions as similar advances for the purpose of lighthouses in the United Kingdom under this Part of this Act.

c.

91, s. 7.]

675.—(1.) Accounts shall be kept of all colonial light dues Accounts of received under this Act and of all sums expended in the con- colonial light struction, repair, or maintenance of the lighthouse, buoy, or beacon in respect of which those dues are received.

(2.) These accounts shall be kept in such manner as the Board of Trade direct, and shall be laid annually before Parliament and audited in such manner as may be directed by Order in Council.

See Order in Council of 13th May, 1875 (London Gazette, 14th May, 1875, and St. R. & O. Rev. 1903, tit. Merchant Shipping, p. 302), and the saving in s. 745, sub-s. (1) (a).

dues.

[18 & 19 Vict. c. 91, s. 8.]

Pt. XII. 676.

Sums payable

to the Mer

cantile Marine
Fund (a).
[1854, ss. 11,

133, 417; 30 &
31 Vict. c. 124,

s. 10 (3);

45 & 46 Vict.

c. 55, s. 4;

50 Vict. sess. 2, c. 4, s. 11.]

45 & 46 Vict. c. 22.

53 & 54 Vict. c. 35.

PART XII.-MERCANTILE MARINE FUND.

Certain sections included under this heading in M. S. A. 1854, are now placed in Part XI. "LIGHTHOUSES." See ss. 658-665.

676.-(1.) The common fund called the Mercantile Marine Fund shall continue to exist under that name, and subject to the provisions of this Act there shall be accounted for and paid to that fund (@)—

(a.) all fees, charges, and expenses payable in respect of the
survey or measurement of ships under this Act:
(b.) all fees and other sums (other than fines and for-
feitures (b)) received by the Board of Trade under the
Second and Fifth Parts of this Act, including all fees
payable in respect of the medical inspection of seamen
under the Second Part of this Act:

(c.) the moneys arising from the unclaimed property of
deceased seamen, except where the same are required
to be paid as directed by the Accountant General of
Her Majesty's Navy:

(d.) any sums recovered by the Board of Trade in respect of expenses incurred in relation to distressed seamen and apprentices under the Second Part of this Act:

(e.) all fees and other sums payable in respect of any services performed by any person employed under the authority of the Third Part of this Act:

(f.) all fees paid upon the engagement or discharge of members of the crews of fishing boats when effected before a superintendent:

(g.) such proceeds of the sale of unclaimed wreck as are directed to be paid thereto during the lifetime of Her present Majesty under the Ninth Part of this Act (c): (h.) any fees received by receivers of wreck under the Ninth Part of this Act:

(i.) all light dues or other sums received by or accruing to any of the General Lighthouse Authorities under the Eleventh Part of this Act (a):

(k.) all costs and expenses ordered by the court to be paid to the Board of Trade in pursuance of the Boiler Explosions Acts, 1882 and 1890:

(1.) any sums which under this or any other Act are directed to be paid to the Mercantile Marine Fund:

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