Pt. XIV. 729. 30 & 31 Vict. c. 114, s. 45; J. A.; J.I.A.] (a.) may go on board any ship and inspect the same or any (d.) may require and enforce the production of all books, (e.) may administer oaths, or may, in lieu of requiring or administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination (b). (2.) Every witness summoned under this section shall be allowed such expenses as would be allowed to a witness attending on subpoena to give evidence before any court of record, or if in Scotland to a witness attending on citation the Court of Justiciary; and in case of any dispute as to the amount of those expenses, the same shall be referred in England or Ireland to one of the masters or registrars of the High Court (c), and in Scotland to the Queen's and Lord Treasurer's Remembrancer, and the officer shall, on request made to him for that purpose under the hand of the inspector or person having the powers of an inspector, ascertain and certify the proper amount of those expenses (b). (3.) If any person refuses to attend as a witness before a Board of Trade inspector or before any person having the powers of a Board of Trade inspector, after having been required to do so in manner provided by this section and after having had a tender made to him of the expenses (if any) to which he is entitled under this section, or refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declarations which an inspector or person having the powers of an inspector is hereby empowered to require, that person shall for each offence be liable to a fine not exceeding ten pounds. (a) Such powers are for special purposes conferred by various sections of the Act upon persons therein mentioned. (b) See note (c) to s. 471, and cases there cited. (c) See Rule 1 of the Rules of the Supreme Court (Merchant Shipping), 1894, post, Appendix, p. 763. Pt. XIV. Penalty for the execution 730. If any person wilfully impedes a Board of Trade 730-733. inspector or any person having the powers of a Board of Trade inspector in the execution of his duty, whether on board a ship obstructing or elsewhere, that person shall for each offence be liable to a fine inspectors in not exceeding ten pounds, and may be seized and detained by of their duty. the inspector or person having the powers of an inspector, or by [1854, s. 16.] any person or persons whom that inspector or person may call to his assistance, until he can be conveniently taken before some justice of the peace or other officer having proper jurisdiction. Exemption from Rates and Harbour Dues. 731. All lighthouses, buoys, beacons, and all light dues, and Exemption other rates, fees, or payments accruing to or forming part of the from rates. mercantile marine fund (a), and all premises or property belonging [1854, s. 430.] to or occupied by any of the general lighthouse authorities or by the Board of Trade, which are used or applied for the purposes of any of the services for which those dues, rates, fees, and payments are received, and all instruments or writings used by or under the direction of any of the general lighthouse authorities or of the Board of Trade in carrying on those services, shall be exempted from all public, parochial, and local taxes, duties, and rates of every kind. This exemption does not apply to lighthouses, &c. under the control and management of local authorities. Mersey Docks, &c. Board v. Llaneillan (1884), 54 L. J. Q. B. 49; 14 Q. B. D. 770. Cf. Mersey Docks Trustees v. Cameron (1864), 35 L. J. M. C. 1; 11 H. L. 443. (a) Now the General Lighthouse Fund. See Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 1 (c). dues. 732. All vessels belonging to or used by any of the general Exemption lighthouse authorities or the Board of Trade shall be entitled to from harbour enter, resort to, and use any harbours, ports, docks, or piers in the United Kingdom without payment of any tolls, dues, or 1862, s. 48.] rates of any kind. [1854, s. 431; Private Signals. 733.-(1.) If a shipowner desires to use for the purpose of a Registration private code any rockets, lights, or other similar signals, he of private code may of signals. register those signals with the Board of Trade, and that Board [36 & 37 Vict. shall give public notice of the signals so registered in such c. 85, s. 21.] manner as they think requisite for preventing those signals from being mistaken for signals of distress or signals for pilots. (2.) The Board may refuse to register any signals which in their opinion cannot easily be distinguished from signals of distress or signals for pilots. (3.) Where a signal has been registered under this section, Pt. XIV. 734-735. the use or display thereof by any person acting under the authority of the shipowner in whose name it is registered shall not subject any person to any fine or liability under this Act for using or displaying signals improperly (a). Application by Order in Council of provisions of Merchant Shipping Acts to foreign ships. [39 & 40 Vict. c. 80, s. 37.] Power of (a) See ss. 434, signals of distress; 614, 615, pilot flags or signals; 667, false lights. Application of Act to Foreign Ships by Order in Council. 734. Where it has been made to appear to Her Majesty that the Government of any foreign country is desirous that any of the provisions of this Act, or of any Act hereafter to be passed amending the same, which do not apply to the ships of that country (a), should so apply and there are no special provisions in this Act for that application (b), Her Majesty in Council may order (c) that such of those provisions as are in the Order specified shall (subject to the limitations, if any, contained therein) apply to the ships of that country, and to the owners, masters, seamen, and apprentices of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were British ships. As to the application, under the Foreign Jurisdiction Acts, of certain provisions of this Act to foreign countries where Her Majesty has jurisdiction, see note to s. 686. As to power to exempt foreign ships from provisions of the Act applicable to them, see s. 445 (load-line regulations, &c.), s. 363 (survey of passenger and emigrant ships). (a) These words were apparently added in 1894 in consequence of the decision in Chalmers v. Scopenich, 61 L. J. M. C. 117; [1892] 1 Q. B. 735, in which it was held that an Order in Council was not needed in order to enforce the provisions (as to detention of unsafe ships) now contained in ss. 462, 692 (see note thereto) against a foreign ship. By M. S. A. 1906, ss. 1, 6, the loadline provisions of this Act may, after 1st January, 1909, apply to foreign ships in United Kingdom, independently of any Order in Council or any consent of the foreign country, but without prejudice to the present section and to the power of exemption in certain cases under s. 445. (b) These words were added to preserve the effect of such special provisions as are contained in s. 84 as to tonnage regulations, &c.; s. 219, as to crimping; s. 238, as to desertion; s. 424, as to collision regulations; s. 545, as to life salvage. As to the exercise of these special provisions, see notes to those sections. (c) This power has been exercised by Order in Council of 7th July, 1897, applying the distress signals to ships of certain foreign countries. See Appendix, P. 695. Powers of Colonial Legislature. 735.-(1.) The Legislature of any British possession may by any Act or Ordinance, confirmed by Her Majesty in Council, to alter pro- repeal, wholly or in part, any provisions of this Act (other than visions of Act. those of the Third Part thereof which relate to emigrant ships (a), relating to ships registered in that possession; but any such Act or Ordinance shall not take effect until the approval of Her [1854, s. 547.] Majesty has been proclaimed in the possession, or until such time thereafter as may be fixed by the Act or Ordinance for the purpose (b). (2.) Where any Act or Ordinance of the Legislature of a British possession has repealed in whole or in part as respects that possession any provision of the Acts repealed by this Act, that Act or Ordinance shall have the same effect in relation to the corresponding provisions of this Act as it had in relation to the provision repealed by this Act (c). (a) As to the application of such provisions to the colonies, see ss. 365 et seq. See also s. 264, as to Part II. (b) It seems that, subject to the powers conferred by these sections, the Act, except where otherwise provided, applies to British possessions. See The Rajah of Cochin, supra (s. 167). This power has been exercised as to Ordinance of the Legislature of Hong Kong by Order in Council of 10th August, 1903; and as to Ordinance of Legis lature of Barbadoes by Order in Council of 12th January, 1905, see Appendix, P. 757. (c) Cf. the similar provisions of s. 746, sub-s. (2), as to local Acts. Pt. XIV. 736–737. by Colonial [32 & 33 Vict. c. 11, s. 4.] 736. The Legislature of a British possession may, by any Regulation of Act or Ordinance, regulate the coasting trade of that British coasting trade possession, subject in every case to the following conditions: Legislature. (a.) the Act or Ordinance shall contain a suspending clause providing that the Act or Ordinance shall not come into operation until Her Majesty's pleasure thereon has been publicly signified in the British possession in which it has been passed: (b.) the Act or Ordinance shall treat all British ships (including the ships of any other British possession) in exactly the same manner as ships of the British possession in which it is made: (c.) where by treaty made before the passing of the Merchant Shipping (Colonial) Act, 1869 (that is to say, before the thirteenth day of May, eighteen hundred and sixty-nine), Her Majesty has agreed to grant to any ships of any foreign State any rights or privileges in respect of the coasting trade of any British possession, those rights and privileges shall be enjoyed by those ships for so long as Her Majesty has already agreed or may hereafter agree to grant the same, anything in the Act or Ordinance to the contrary notwithstanding. Provision for Foreign Places where Her Majesty has Jurisdiction. 737. Where under this Act anything is authorised to be done Provision for by to or before a British consular officer, and in any place out- foreign places side Her Majesty's dominions in which Her Majesty has jurisdiction there is no such officer, such thing may be done in that jurisdiction. where Her Majesty has Pt. XIV. 738-740. place by to or before such officer as Her Majesty in Council may direct. By Order in Council, 26th November, 1897, the deputy commissioner or resident was appointed to act as a British consular officer to the Gilbert and Ellice Islands, the Solomon Islands; and by Order in Council, 20th May, 1903, in the New Hebrides, the acting resident deputy commissioner was appointed; by Order in Council, 12th March, 1903, in Somaliland, where there is no consular officer, such officer of the protectorate as the consul-general may appoint; and by Order in Council, 11th August, 1902, in Uganda, where there is no consular officer, such officer of the protectorate as the commissioner may appoint; see St. R. & O. Rev. Merchant Shipping, pp. 311, 312; ibid. Foreign Jurisdiction, pp. 77, 188. Provision as to Orders in Council. [15 & 16 Vict. c. 26, ss. 4, 5; 1854, s. 335; 1862, ss. 63, 64; 32 & 33 Vict. c. 11, s. 8; 39 & 40 Vict. c. 80, s. 38.] Orders in Council. 738. (1.) Where Her Majesty has power under this Act, or any Act hereafter to be passed amending the same, to make an Order in Council, Her Majesty may from time to time make that Order in Council, and by Order in Council revoke alter or add to any Order so made. (2.) Every such Order in Council shall be published in the London Gazette (a), and shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. (3.) Subject to any special provisions of this Act, upon the publication of any such Order the Order shall, as from the date of the publication or any later date mentioned in the Order, take effect as if it were enacted by Parliament (b). (a) See s. 740, as to publication in London Gazette. () As to interpretation of terms used in Orders in Council, see Interpretation Act, 1889, s. 31, post, p. 420. Notices, &c. to be in writing and provision as to sending by post. Publication in London Gazette. 56 & 57 Vict. c. 66. Transmission and Publication of Documents. 739.-(1.) Where by this Act any notice, authority, order, direction, or other communication is required or authorised to be given or made by the Board of Trade, or the Commissioners of Customs, or the Governor of a British possession, to any person not being an officer of such Board, or Commissioners, or Governor, the same shall be given or made in writing. (2.) Where any notice or document is by this Act required or authorised to be transmitted or sent, the same may be transmitted or sent by post. 740. Where a document is required by this Act to be published in the London Gazette, it shall be sufficient if notice thereof is published in accordance with the Rules Publication Act, 1893. |