over any claim by the master of any ship for wages earned by him on board the ship, and for disbursements made by him on account of the ship: Provided always, that if in any such cause the plaintiff do not recover fifty pounds he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court. 11. The High Court of Admiralty shall have jurisdiction over any claim 3 & 4 Vict. c. 65, in respect of any mortgage duly registered according to the provisions of in regard to mort"The Merchant Shipping Act, 1854," whether the ship or the proceeds Court of Admithereof be under arrest of the said Court or not. gages extended to ralty. 104, extended to 12. The High Court of Admiralty shall have the same powers over any Sections 62 to 65 British ship, or any share therein, as are conferred upon the High Court of of 17 & 18 Vict. c. Chancery in England by the sixty-second, sixty-third, sixty-fourth and Court of Admisixty-fifth sections of "The Merchant Shipping Act, 1854." ralty. Vict. c. 104, extended to Court of 13. Whenever any ship or vessel, or the proceeds thereof, are under Part 9 of 17 & 18 arrest of the High Court of Admiralty, the said Court shall have the same powers as are conferred upon the High Court of Chancery in England by Admiralty. the ninth part of “The Merchant Shipping Act, 1854.” 14. The High Court of Admiralty shall be a Court of Record for all Court to be a intents and purposes. Court of Record. Admiralty to have effect of judgments at common law. 15. All decrees and orders of the High Court of Admiralty, whereby any Decrees and sum of money, or any costs, charges or expenses shall be payable to any per- orders of Court of son, shall have the same effect as judgments in the superior Courts of common law, and the persons to whom any such monies, or costs, charges or expenses, shall be payable, shall be deemed judgment creditors, and all powers of enforcing judgments possessed by the superior Courts of common law, or any judge thereof; with respect to matters depending in the same Courts, as well against the ships and goods arrested as against the person of the judgment debtor, shall be possessed by the said Court of Admiralty with respect to matters therein depending; and all remedies at common law possessed by judgment creditors shall be in like manner possessed by persons to whom any monies, costs, charges or expenses are by such orders or decrees of the said Court of Admiralty directed to be paid. execution. 16. If any claim shall be made to any goods or chattels taken in execu- As to claims to tion under any process of the High Court of Admiralty, or in respect of the goods taken in seizure thereof, or any act or matter connected therewith, or in respect of the proceeds or value of any such goods or chattels, by any landlord for rent, or by any person not being the party against whom the process has issued, the registrar of the said Court may, upon application of the officer charged with the execution of the process, whether before or after any action brought against such officer, issue a summons calling before the said Court both the party issuing such process and the party making the claim, and thereupon any action which shall have been brought in any of her Majesty's superior Courts of Record, or in any local or inferior Court, in respect of such claim, seizure, act, or matter as aforesaid, shall be stayed, and the Court in which such action shall have been brought, or any judge thereof, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, may order the party bringing the action to pay the costs of all proceedings had upon the action after issue of the summons out of the said Admiralty Court, and the judge of the said Admiralty Court shall adjudicate upon the claim, and make such order between the parties in respect thereof and of the costs of the proceedings, as to him shall seem fit, and such order shall be enforced in like manner as any order made in any suit brought in the said Court. Where any such claim shall Powers of Superior Courts extended to Court of Admiralty. Party in Court of Admiralty may apply for an order for inspection by Trinity Masters. Admission of documents. Power to Court of Admiralty, when personal has not been effected, to order parties to proceed. be made as aforesaid the claimant may deposit with the officer charged with the execution of the process either the amount or value of the goods claimed, the value to be fixed by appraisement in case of dispute, to be by the officer paid into Court to abide the decision of the judge upon the claim, or the sum which the officer shall be allowed to charge as costs for keeping possession of the goods until such decision can be obtained, and in default of the claimant so doing the officer may sell the goods as if no such claim had been made, and shall pay into Court the proceeds of the sale, to abide the decision of the judge. 17. The judge of the High Court of Admiralty shall have all such powers as are possessed by any of the superior Courts of common law or any judge thereof to compel either party in any cause or matter to answer interrogatories, and to enforce the production, inspection and delivery of copies of any document in his possession or power. 18. Any party in a cause in the High Court of Admiralty shall be at liberty to apply to the said Court for an order for the inspection by the Trinity masters or others appointed for the trial of the said cause, or by the party himself or his witnesses, of any ship or other personal or real property, the inspection of which may be material to the issue of the cause, and the Court may make such order in respect of the costs arising thereout as to it shall seem fit. 19. Any party in a cause in the High Court of Admiralty may call on any other party in the cause by notice in writing to admit any document, saving all just exceptions, and in case of refusal or neglect to admit, the costs of proving the document shall be paid by the party so neglecting or refusing, whatever the result of the cause may be, unless at the trial the judge shall certify that the refusal to admit was reasonable. 20. Whenever it shall be made to appear to the judge of the High Court of Admiralty that reasonable efforts have been made to effect personal serservice of citation vice of any citation, monition or other process issued under seal of the said Court, and either that the same has come to the knowledge of the party thereby cited or monished, or that he wilfully evades service of the same, and has not appeared thereto, the said judge may order that the party on whose behalf the citation, monition or other process was issued be at liberty to proceed as if personal service had been effected, subject to such conditions as to the judge may seem fit, and all proceedings thereon shall be as effectual as if personal service of such citation, monition or other process had been effected. As to the service of subpoena out of England and Wales. Power to issue new writs or other process. Judge and registrar to have same power as to arbitration as judges and masters at common law. 21. The service in any part of Great Britain or Ireland of any writ of subpoena ad testificandum or subpoena duces tecum, issued under seal of the High Court of Admiralty, shall be as effectual as if the same had been served in England or Wales. 22. Any new writ or other process necessary or expedient for giving effect to any of the provisions of this act may be issued from the High Court of Admiralty in such form as the judge of the said Court shall from time to time direct. 23. All the powers possessed by any of the superior Courts of common law or any judge thereof, under the Common Law Procedure Act, 1854, and otherwise, with regard to references to arbitration, proceedings thereon, and the enforcing of awards of arbitrators, shall be possessed by the judge of the High Court of Admiralty in all causes and matters depending in the said Court, and the registrar of the said Court of Admiralty shall possess as to such matters the same powers as are possessed by the masters of the said superior Courts of common law in relation thereto. 24. The registrar of the High Court of Admiralty shall have the same powers under the fifteenth section of the Merchant Shipping Act, 1854, as are by the said section conferred on the masters of her Majesty's Court of Queen's Bench in England and Ireland. Section 15 of 17 & 18 Vict. c. 104, extended to registrar of Court of Admiralty. trar and of 25. The registrar of the High Court of Admiralty may exercise, with Powers of regisreference to causes and matters in the said Court, the same powers as any deputy or assistsurrogate of the judge of the said Court sitting in chambers might or could ant registrar. have heretofore lawfully exercised; and all powers and authorities by this or any other act conferred upon or vested in the registrar of the said High Court of Admiralty may be exercised by any deputy or assistant registrar of the said Court. 26. The registrar of the said Court of Admiralty shall have power to administer oaths in relation to any cause or matter depending in the said Court; and any person who shall wilfully depose or affirm falsely in any proceeding before the registrar or before any deputy or assistant registrar of the said Court, or before any person authorized to administer oaths in the said Court, shall be deemed to be guilty of perjury, and shall be liable to all the pains and penalties attaching to wilful and corrupt perjury. False oath or affirmation deemed perjury. registrar and of 27. Any advocate, barrister at law, proctor, attorney or solicitor of ten Appointment of years' standing may be appointed registrar or assistant or deputy registrar deputy or assistof the said Court. ant registrar. 28. Any advocate, barrister at law, proctor, attorney or solicitor may be Appointment of appointed an examiner of the High Court of Admiralty. examiners. quent admissions 29. Any person who shall have paid on his admission in any Court as a Stamp duty not proctor, solicitor or attorney the full stamp duty of twenty-five pounds, and payable on subsewho has been or shall hereafter be admitted a proctor, solicitor or attorney of proctors or (if in other respects entitled to be so admitted), shall be liable to no further solicitors. stamp duty in respect of such subsequent admission. solicitors. 30. Any proctor of the High Court of Admiralty may act as agent of any Proctor may act attorney or solicitor, and allow him to participate in the profits of and inci- as agent of dent to any cause or matter depending in or connected with the said Court; and nothing contained in the act of the fifty-fifth year of the reign of king George the third, chapter one hundred and sixty, shall be construed to extend to prevent any proctor from so doing, or to render him liable to any penalty in respect thereof. 31. The act passed in the second year of the reign of king Henry the 2 Hen. 4, c. 11, fourth, intituled "A Remedy for him who is wrongfully pursued in the Court repealed. of Admiralty," is hereby repealed. matters. 32. Any party aggrieved by any order or decree of the judge of the said Power of appeal Court of Admiralty, whether made ex parte or otherwise, may, with the in interlocutory permission of the judge, appeal therefrom to her Majesty in council, as fully and effectually as from any final decree or sentence of the said Court. 33. In any cause in the High Court of Admiralty bail may be taken to answer the judgment as well of the said Court as of the Court of Appeal, and the said High Court of Admiralty may withhold the release of any property under its arrest until such bail has been given and in any appeal from any decree or order of the High Court of Admiralty the Court of Appeal may make and enforce its order against the surety or sureties who may Bail given in the Court of Adthe Court of Appeal. miralty good in As to the hearing of causes and Cross causes. Jurisdiction of the Court. have signed any such bail bond in the same manner as if the bail had been given in the Court of Appeal. 34. The High Court of Admiralty may, on the application of the defendant in any cause of damage, and on his instituting a cross cause for the damage sustained by him in respect of the same collision, direct that the principal cause and the cross cause be heard at the same time and upon the same evidence; and if in the principal cause the ship of the defendant has been arrested or security given by him to answer judgment, and in the cross cause the ship of the plaintiff cannot be arrested, and security has not been given to answer judgment therein, the Court may, if it think fit, suspend the proceedings in the principal cause, until security has been given to answer judgment in the cross cause. 35. The jurisdiction conferred by this act on the High Court of Admiralty may be exercised either by proceedings in rem or by proceedings in personam. 17 & 18 Vict. e. 104. 18 & 19 Vict. c. 91. 16 & 17 Vict. c. 107. Short title. Enactments in Table (A.) repealed. Equities not excluded by Merchant Shipping Act. Tonnage rates under local acts may be levied on the registered tonnage. 25 & 26 VICT. c. 63. An Act to amend "The Merchant Shipping Act, 1854," "The WHEREAS it is expedient further to amend "The Merchant Shipping Act, 1. This act may be cited as "The Merchant Shipping Act Amendment Act, 1862," and shall be construed with and as part of "The Merchant Shipping Act, 1854," hereinafter termed the principal act. 2. The enactments described in table (A.) in the schedule to this act shall be repealed as therein mentioned, except as to any liabilities incurred before such repeal. Registry and Measurement of Tonnage (Part II. of Merchant Shipping 3. It is hereby declared that the expression "beneficial interest," whenever used in the second part of the principal act, includes interests arising under contract and other equitable interests; and the intention of the said act is that, without prejudice to the provisions contained in the said act for preventing notice of trusts from being entered in the register book or received by the registrar, and without prejudice to the powers of disposition and of giving receipts conferred by the said act on registered owners and mortgagees, and without prejudice to the provisions contained in the said act relating to the exclusion of unqualified persons from the ownership of British ships, equities may be enforced against owners and mortgagees of ships in respect of their interest therein, in the same manner as equities may be enforced against them in respect of any other personal property. 4. Any body corporate or persons having power to levy tonnage rates on ships may, if they think fit, with the consent of the Board of Trade, levy such tonnage rates upon the registered tonnage of the ships as deter mined by the rules for the measurement of tonnage for the time being in force under the principal act, notwithstanding that the local act or acts under which such rates are levied provides for levying the same upon some different system of tonnage measurement. Certificates for Engineers (Part III. of Merchant Shipping Act, 1854). engineers. 5. On and after the first day of June, one thousand eight hundred and Steam ships to sixty-three, every steam ship which is required by the principal act to have carry certificated a master possessing a certificate from the Board of Trade shall also have an engineer or engineers possessing a certificate or certificates from the Board of Trade as follows; that is to say, (1.) Engineers' certificates shall be of two grades, viz., "first-class engi- (3.) Every foreign-going steam ship of less than one hundred nominal (4.) Every sea-going home trade passenger steam ship shall have as its only or first engineer an engineer possessing a "second-class engineer's certificate" or a certificate of the higher grade: (5.) Every person who, having been engaged to serve in any of the above capacities in any such steam ship as aforesaid, goes to sea in that capacity without being at the time entitled to and possessed of such certificate as is required by this section, and every person who employs any person in any of the above capacities in such ship without ascertaining that he is at the time entitled to and possessed of such certificate as is required by this section, shall for each such offence incur a penalty not exceeding fifty pounds. cates of compe 6. The Board of Trade shall from time to time cause examinations to be Examinations for held of persons who may be desirous of obtaining certificates of compe- engineers' certifitency as engineers: for the purpose of such examinations the Board of tency. Trade shall from time to time appoint and remove examiners, and award the remuneration to be paid to them; lay down rules as to the qualification of applicants, and as to the times and places of examination; and generally do all such acts as it thinks expedient in order to carry into effect the examination of such engineers as aforesaid. examination. 7. All applicants for examinations shall pay such fees, not exceeding the Fees to be paid sums specified in the table marked (B.) in the schedule hereto, as the Board by applicants for of Trade directs; and such fees shall be paid to such persons as the said Board appoints for that purpose, and shall be carried to the account of the mercantile marine fund. 8. The Board of Trade shall deliver to every applicant who is duly Certificates of reported to have passed the examination satisfactorily, and to have given competency to be granted to satisfactory evidence of his sobriety, experience and ability, a certificate of those who pass. competency, as first-class engineer or as second-class engineer, as the case may be. ficates of service to be delivered on 9. Certificates of service for engineers, differing in form from certificates Engineers' certiof competency, shall be granted as follows; that is to say, (1.) Every person who before the first day of April, one thousand eight proof of certain hundred and sixty-two has served as first engineer in any foreign- service. |