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61 & 62

4. For the purposes of this Act "ship" shall include every Vict. c. 14. description of vessel used or intended to be used in navigation Definition. not propelled by oars and whether completed or in course of completion or construction (a).

(a) Cf. definition in s. 742 of M. S. A. 1894, and notes thereto.

5. This Act may be cited as the Merchant Shipping (Liability Short title. of Shipowners) Act, 1898.

61 & 62

Vict. c. 44.

Abolition of
Mercantile
Marine Fund
and consti-
tution of
General
Lighthouse
Fund.

57 & 58 Vict.
c. 60.

MERCHANT SHIPPING (MERCANTILE
MARINE FUND) ACT, 1898.

(61 & 62 VICT. c. 44.)

An Act to amend the Law with regard to the provision for the Payment of certain Expenses under the Merchant Shipping Act, 1894, and with regard to the levying of Light Dues. [12th August, 1898.

BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1.-(1.) As from the commencement of this Act

(a.) All sums accounted for and paid to the Mercantile
Marine Fund, except the light dues or other sums
mentioned in paragraph (i), of section six hundred
and seventy-six of the Merchant Shipping Act,
1894, shall be paid into the exchequer :
(b.) All expenses charged on and payable out of the Mer-
cantile Marine Fund, except the expenses relating to
lighthouses, buoys, and beacons mentioned in para-
graph (i) of section six hundred and seventy-seven
of the same Act, and except also any expenses
incurred by a general lighthouse authority under
section five hundred and thirty-one of the same Act,
shall, so far as they are not paid by any private
person, be paid out of moneys provided by Parlia-

ment:

(c.) The said excepted sums shall be accounted for and paid to, and the said excepted expenses shall be charged on and payable out of, a fund which shall be called the General Lighthouse Fund, and references in Part XI. and in sections five hundred and thirty-one and six hundred and seventy-nine of the Merchant Shipping Act, 1894, to the Mercantile Marine Fund shall be construed as references to the General Lighthouse Fund.

(2.) The General Lighthouse Fund shall be applied to the payment of the expenses by this Act charged thereon, and to no other purpose whatever.

61 & 62

(3.) The amount standing at the commencement of this Act Vict. c. 44. to the credit of the Mercantile Marine Fund shall be carried to the credit of the General Lighthouse Fund, and the liabilities of the Mercantile Marine Fund existing at the commencement of this Act shall be discharged out of the General Lighthouse Fund.

dues and

2.-(1.) All colonial light dues (a) shall, after the commence- Transfer of ment of this Act, be carried to the General Lighthouse Fund, certain light subject to the prior payment thereout of any sums payable on charges to account of money secured on those dues at the commencement of General this Act in accordance with the conditions on which the money Lighthouse

is secured.

(2.) All sums which, at the commencement of this Act, are standing to the credit of the accounts kept by the Board of Trade with respect to colonial light dues (including any sum standing to the credit of the Basses Lights Fund (b)), shall be transferred and paid to the General Lighthouse Fund, but shall remain subject to any existing charges thereon.

(3.) All expenses incurred in constructing or maintaining any colonial lights (e), and the contributions made by Her Majesty's Government in respect of the lighthouse on Cape Spartel, Morocco, shall, after the commencement of this Act, be paid out of the General Lighthouse Fund.

(4.) Sections six hundred and sixty-one, six hundred and sixty-two, and six hundred and sixty-three of the Merchant 57 & 58 Vict. Shipping Act, 1894 (which relate to the advance and borrowing c. 60. of money for the purpose of the construction and repair of lighthouses), shall apply in the case of colonial lights as they apply in the case of other lighthouses, buoys, or beacons.

(5.) All expenses incurred after the commencement of this Act by the Board of Trade or any of the general lighthouse authorities in making and maintaining communication between lighthouses and the shore shall be paid out of the General Lighthouse Fund. Provided that such communication shall be available for private messages at reasonable charges, so far as may be compatible with the efficiency and safety of the lighthouse service, and all sums received in respect thereof shall be paid to the General Lighthouse Fund.

(a) See ss. 670-675 of the M. S. A. 1894, as to colonial light dues.

(b) See post, s. 7.

(c) See post, s. 7.

transfer, &c.

3. Such fees shall be paid in respect of the registration, Fees for transfer (including transmission (a)), and mortgage of British registration, ships (6) as the Board of Trade, with the consent of the of ships. Treasury, determine, not exceeding those specified in the First Schedule to this Act, and all such fees shall be paid into the

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Vict. c. 44. Exchequer. Provided that fees shall not be payable under this section in respect of vessels solely employed in fishing or sailing ships of under one hundred tons.

Power to

recover expenses incurred on account of distressed

seamen.

Scale of light dues.

Allowance

in respect of British boy sailors avail

able for the Royal Naval Reserve.

(a) This inclusion is in terms not complete: Sched. I., Part II., goes further, and under "transfer and mortgage" embraces also registry anew, transfer of registry, and transfer of mortgage.

(b) This includes shares of ships: see Sched. I., Part II., and note (a) thereto, but not fees on the mortgage or transfer of mortgage of any ships for the purposes of the Cunard agreement: see Cunard Agreement (Money) Act, 1904, s. 2.

4. Section one hundred and ninety-three of the Merchant Shipping Act, 1894 (which relates to the recovery of expenses incurred on account of distressed seamen), shall extend to expenses incurred under that Act on account of any distressed seamen within the meaning of that Act, except where it is certified in pursuance of section one hundred and eighty-eight of the Act, that the cause of a seaman being left behind is desertion or disappearance, and paragraphs (a) and (b) in sub-section one of the said section one hundred and ninety-three shall be repealed.

This section is repealed by the M. S. A. 1906, s. 85, Sched. II., and this subject is now dealt with by s. 42 (4) of that Act.

5.-(1.) On and after the commencement of this Act the general lighthouse authorities shall levy light dues with respect to the voyages made by ships or by way of periodical payment, and not with respect to the lights which a ship passes or from which it derives benefit, and the dues so levied shall take the place of the dues now levied by those authorities.

(2.) The scale and rules set out in the Second Schedule to this Act shall have effect for the purpose of the levying of light dues in pursuance of this Act, but Her Majesty may, by Order in Council (a), alter, either generally or with respect to particular classes of cases, the scale or rules and the exemptions therefrom.

(3.) Before any Order in Council is made under this section, the draft thereof shall be laid before each House of Parliament for not less than thirty days on which that House is sitting, and if either House, before the expiration of the thirty days during which the draft has been laid before it, presents an address to Her Majesty against the draft, or any part thereof, no further proceedings shall be taken thereon, but this shall be without prejudice to the making of any new draft Order.

(a) Orders in Council of 24 July, 1901, 10 Aug. 1903, 1 Dec. 1906, have been made altering the scale in Sched. II. See Appendix, p. 758.

6. On proof to the satisfaction of the Board of Trade that a British ship has during any financial year carried, in accordance with the scale and regulations to be made by the Board of Trade, with the concurrence of the Treasury, boys between the ages of fifteen

and nineteen, there shall be paid to the owner of the ship, out of moneys provided by Parliament, an allowance not exceeding one-fifth of the light dues paid during that year in respect of that ship. Provided that no such payment shall be made in respect of any boy unless he has enrolled himself in the Royal Naval Reserve, and entered into an obligation to present himself for service when called upon, in accordance with rules to be issued by the Admiralty. The scale and regulations aforesaid may be modified from time to time by the Board of Trade with the concurrence of the Treasury.

This section shall continue in force until the thirty-first day of March one thousand nine hundred and fire, and no longer, unless Parliament otherwise enact (a).

(a) This section is spent, as Parliament has not continued it.

7. In this Act, unless the context otherwise requires—
The expression "colonial lights" means any lighthouses,
buoys, or beacons on or near the coast of a British posses-
sion and maintained by the Board of Trade out of moneys
provided by Parliament or out of colonial light dues, and
includes the lighthouses mentioned in the Third Schedule
to this Act.

The expression "Basses Lights Fund" means the fund

61 & 62

Vict. c. 44.

Definitions.

referred to in section five of the Public Works Loans 50 & 51 Vict. Act, 1887, formed by the dues levied in respect of the c. 37. Basses lights.

Other expressions have the same meaning as in the Mer- 57 & 58 Vict. chant Shipping Act, 1894 (a).

(a) For definition of expressions in M. S. A. 1894, see s. 742 and notes thereon.

c. 60.

8. The enactments mentioned in the Fourth Schedule to this Repeal. Act are hereby repealed to the extent specified in the third column of that schedule.

9.-(1.) This Act may be cited as the Merchant Shipping Short title, (Mercantile Marine Fund) Act, 1898. construction, and com

(2.) This Act shall be construed as one with the Merchant mencement. Shipping Act, 1894, and that Act and the Merchant Shipping 57 & 58 Vict. Act, 1897, the Merchant Shipping (Exemption from Pilotage) c. 60. Act, 1897, and this Act may be cited together as the Merchant 60 & 61 Vict. Shipping Acts, 1894 to 1898.

c. 59.

60 & 61 Vict.

(3.) This Act shall come into operation on the first day of c. 61. April, one thousand eight hundred and ninety-nine.

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