« 이전계속 »
(2.) All fees mentioned in this section shall he paid at such 677. time and in such manner as the Board of Trade direct.
(o) By the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 1 (a), all these sums, except those mentioned in paragraph (i), are now to be paid into the Exchequer. Payments in respect of paragraph (i) are to be made to the General Lighthouse Fund. Ibid., 8. 1 (c).
(£) Compare s. 716, of which sub-s. (1) partly covers the same ground.
As to the application of fines coming into the hands of the Board of Trade, see 8. 716, sub-s. (2); of forfeitures under Fart II., see s. 232; and of fines generally, see s. 699.
(c) This sub-section is no longer in force; the proceeds of unclaimed wreck have now to be paid to His Majesty under s. 525 (2) (c).
677. Subject to the provisions of this Act and to any prior Application charges that may be subsisting on the Mercantile Marine Fund °J Mercantile under any Act of Parliament or otherwise there shall be charged r,^T6 r?8! on and payable out of that fund (a) the following expenses so far j0 & 31 Vict.' as they are not paid by any private person:— c. 124,8.10(4);
43 & 44 Vict.
(a.) the salaries and other expenses connected with Local c. 22, s. 6; Marine Boards and Mercantile Marino Offices, and 455^46Y1^t' with the examinations conducted under the Second' and Fourth Parts of this Act:
(b.) the salaries of all surveyors of ships and officers appointed under this Act and all expenses incurred in connexion with the survey and measurement of ships under this Act, and the remuneration of medical inspectors of seamen under the Second Part of this Act:
(c.) the salaries and expenses of persons employed under the Third Part of this Act:
(d.) the superannuation allowances, gratuities, pensions, and other allowances granted either before or after the passing of this Act to any of the said surveyors, officers, or persons:
(e.) the allowances and expenses paid for the relief of distressed British seamen and apprentices, including the expenses declared uuder this Act to be payable as such expenses, and any contributions to seamen's refuges and hospitals:
(f.) any sums which the Board of Trade, in their discretion, think fit to pay in respect of claims to moneys carried to the Mercantile Marine Fund (l>) on account of the property of deceased seamen, or on nccount of the proceeds of wreck:
(g.) all expenses of obtaining depositions, reports, and returns respecting wrecks and casualties:
(h.) all expenses incurred in carrying iuto effect the provisions of this Act with regard to receivers of wrecks and the performance of their duties under this Act:
T. c c
Pt. XII. 678. (i.) all expenses incurred by the general lighthouse authorities
in the works and services of lighthouses, buoys, and beacons, or in the execution of any works necessary or expedient for the purpose of permanently reducing the expense of those works and services (c).
(k.) any pensions or other sums payable in relation to the duties formerly performed by the Trinity House in respect of lastage and ballastage in the River Thames:
(1.) such expenses for establishing and maintaining on the t coasts of the United Kingdom proper life boats with
the necessary crews and equipments, and for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for rewarding the preservation of life in such cases (d), as the Board of Trade direct:
(m.) sifch reasonable costs, as the Board of Trade may allow, of advertising or otherwise making known the establishment of, or alterations in, foreign lighthouses, buoys, and beacons to owners, and masters of, and other persons interested in, British ships:
(n.) all costs and expenses incurred by the Board of Trade under the Boiler Explosions Acts, 1882 and 1890 (so far as not otherwise provided for), including any remuneration paid in pursuance of section seven of the Boiler Explosions Act, 1882, and any costs and expenses ordered by the court in pursuance of those Acts to be paid by the Board of Trade:
(o.) any expenses which are charged on or payable out of the Mercantile Marine Fund under this or any other Act of Parliament (e).
(o) The expenses enumerated in this section are now to be paid out of moneys provided by Parliament, except those mentioned in paragraph (i) which are to bo
Said out of the General Lighthouse Fund: see Merchant Shipping (Mercantile
(A) These moneys are now paid into the Exchequer: see s. 676 (c) and (g), and note to that section.
(e) See the similar provision of s. G58.
(d) As to power of Board of Trade to award life salvage, see s. 544.
(«) See e.g., s. 429, sub-s. (3).
Subsidy from 678. There shall be paid to the Mercantile Marine Fund out of Mercantile *° mone^8 Prov'ded Ml Parliament such sum in each year as may be MarineFund. determined by the Treasury, with the concurrence of the Board of [45 & 46 Viot. Trade, hating regard to the receipts and expenditure of the Mercantile o. 65, s. 5.] Marine Fund under this Act.
This section is repealed by the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 8, Sohed. IV.
679.—(I.) The accounts of the Mercantile Marine Fund (a) 679. shall be deemed to he public accounts within the meaning of Aooount8 and section thirty-three of the Exchequer and Audit Departments audit. Act, 1866, and shall be examined and audited accordingly. [1854. s. 429;
(2.) The Board of Trade shall as soon as may be after the *5 & 46 Viot. meeting of Parliament in every year cause the accounts of the °g ^ Mercantile Marine Fund (a) for the preceding year to be laid c- 39< 1 before both Houses of Parliament.
(<?) Now the General Lighthouse Fund: see Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 1 (c).
PAET XIII.—LEGAL PKOCEEDINGS.
As to the application of this Fart, sec s. 712.
For certain special provisions as to legal proceedings under Part III. (Passenger and Emigrant Ships), see ss. 356—358.
As to Special Shipping Inquiries and Courts, see Fart VI.
For the meaning of "Summary Jurisdiction Acts" see Interpretation Act, 1889, s. 13, post, p. 419.
Prosecution of Offences.
Prosecution 680.—(1.) Subject to any special provisions of this Act (a)
of offences. ana t0 the provisions hereinafter contained with respect to
and5^-518' Scotland (i),
note (<*).] ^ an 0ffence under this Act declared to he a misdemeanor,
shall he punishable by fine or by imprisonment not exceeding two years (c), with or without hard labour, but may, instead of being prosecuted as a misdemeanor, be prosecuted summarily in manner provided by the Summary Jurisdiction Acts, and if so prosecuted shall be punishable only with imprisonment for a term not exceeding six months, with or without hard labour, or with a fine not exceeding one hundred pounds, (b.) an offence under this Act made punishable with imprisonment for any term not exceeding six months, with or without hard labour, or by a fine not exceeding one hundred pounds (d), shall be prosecuted summarily (c) in manner provided by the Summary Jurisdiction Acts.
(2.) Any offence committed or fine recoverable under a byelaw made in pursuance of this Act may be prosecuted or recovered in the same manner as an offence or fine under this Act.
(a) Misdemeanors under s. 457 are not punishable upon summary conviction. See s. 457, sub-s. (4).
(4) See ss. 702 et seq. The provisions of s. 680 are, however, now applied to Scotland, and ss. 702, 703 amended accordingly. See M. S. A. 1906, s. 82 (2), (3) and (4).
(c) This was apparently new, the Act of 1854 having placed no limit upon imprisonment for a misdemeanor not prosecuted summarily.
(rf) If the fine is imposed as a punishment of an offence, it can be recovered summarily under this section, and imprisonment can be awarded in default of payment or sufficient distress. Reg. v. Stewart, 68 L. J. Q. B. 582;  1 Q. B. 964.
(e) This provision does not exclude s. 17 of the Summary Jurisdiction Act, 1879, under which a person charged with an offence in respect of which he is liable to imprisonment for a term exceeding three months is entitled to be tried by a jury. Rex v. Goldberg, 73 L. J. K. B. 970; [19Ji] 2 K. B. 866.
Pt. XIII. 681.—(1.) The Summary Jurisdiction Acts (a) shall, so far 681—683. as applicable, apply—
(a.) to any proceeding under this Act before a court of of Summary summary jurisdiction, whether connected with an Jurisdiction m • i_ vi • i- j. Acts in cer
onence punishable on summary conviction or not; tain cases.
and (b.) to the trial of any case before one justice of the peace, where, under this Act, such a justice may try the case.
(2.) "Where under this Act any sum may be recovered as a fine (b) under this Act, that sum, if recoverable before a court of summary jurisdiction, shall, in England, be recovered as a civil debt in manner provided by the Summary Jurisdiction Acts.
This section, together with s. 682, &c, substitutes the procedure of the
(a) As to the meaning of this expression, see the Interpretation Act, 1889, s. 13, post, p. 419.
(In If the fine is imposed as a punishment of an offence and is not of the nature of a civil debt, then it can be recovered summarily under s. 680, and imprisonment can be awarded in default of payment or sufficient distress. Reg. v. Stewart, 68 L. J. Q. B. 582;  1 Q. B. 964.
682. Where a person is convicted summarily in England of Appeal on an offence under this Act, and the fine inflicted or the sum 8um,n"y ordered to be paid exceeds five pounds in amount, that person ri854' may appeal to quarter sessions against the conviction in manner (4).]' provided by the Summary Jurisdiction Acts.
See note to s. 681.
By the Summary Jurisdiction Act, 1879, s. 19, a right of appeal is given in any case where imprisonment is adjudged without the option of a fine.
683.—(1.) Subject to any special provisions of this Act Limitation neither a conviction for an offence nor an order for payment of of time for money shall be made under this Act in any summary proceed- proceeding. ing instituted in the United Kingdom, unless that proceeding [1854, s. 625.] is commenced within six months after the commission of the offence or after the cause of complaint arises as the case may be; or, if both or either of the parties to the proceeding happen during that time to be out of the United Kingdom, unless the same is commenced, in the case of a summary conviction within two months, and in the case of a summary order within six months, after they both first happen to arrive, or to be at one time, within the United Kingdom (a).
(2.) Subject to any special provisions of this Act neither a conviction for an offence nor an order for payment of money shall be made under this Act in any summary proceeding instituted in any British possession, unless that proceeding is commenced within six months after the commission of the offence or after the cause of complaint arises as the case may be;