The Statute Law of Merchant Shipping Comprised in an Alphabetical Analysis and a Summary of the Unrepealed Merchant Shipping Acts, from 1821 to 1888

APPLICATION OF THE STATUTES-continued..

This Act is not to apply to Scotland-except sec. 12, which is so to apply.
50 & 51 Vict. c. 4, s. 12 & 13

Application to Vessels laying Submarine Cables

of regulations as to Lights, and signals for avoiding collision

...

48 & 49 Vict. c. 49. s. 5 of Part X. of the M.S.A., 1854 48 & 49 Vict. c. 49, s. 7 Whereto this Act is to extend 48 & 49 Vict. c. 49, s. 11 APPLICATION (or Appropriation) OF FEES, Forfeitures, Monies, Penalties, &c. under the Seamen's Fund Winding-up Act, 1851 (so far as it is unrepealed) 14 & 15 Vict. c. 102, s. 4 to 14, &c.

16 & 17 Vict. c. 131, s. 28 As to the property of the Cinque Ports Pilots, &c. 16 & 17 Vict. c. 129 Fees and payments (other than fines) coming to the Board of Trade under Part III. of the Act, to be carried to the Mercantile Marine Fund, and fines to be paid to H.M.'s Exchequer. 17 & 18 Vict. c. 104, s. 11 Fees taken in the United Kingdom under Part II.--and as to those taken elsewhere 17 & 18 Vict. c. 104, s. 95 17 & 18 Vict. c. 104, s. 253 17 & 18 Vict. c. 104, s. 402 & 403 17 & 18 Vict. c. 104, s. 524

...

Forfeitures for desertion, &c. Light Dues Penalties under the Act (M.S.A. 1854) Proceeds of goods sold (for freight) when the Owner fails to land and take delivery 25 & 26 Vict. c. 63, s. 75 As to the Fees, Dues, Rates, &c., as specified, being carried to the Mercantile Marine Fund-application of the Fund, &c., &c. (Part VII. of the Act) 17 & 18 Vict. c. 104, s. 417 to 431 As to the Fees under specified enactments being payable to the Mercantile Marine Fund... 50 & 51 Vict. c. 62, s. 2 APPOINTMENT OF NEW MASTER BY ADMIRALTY COURTS, &c.

...

17 & 18 Vict. c. 104, s. 240 APPOINTMENT OF SHIPWRIGHT-SURVEYORS AND ENGINEER-SURVEYORS (and see "Board of Trade.") 17 & 18 Vict. c. 104, s. 305 to 308

General)

...

APPORTIONMENT OF SALVAGE (Wrecks, Casualties. and Salvage-Salvage, 17 & 18 Vict. c. 104, s. 498 See "Master and Seamen" and "Fishing

...

APPRENTICES - APPRENTICESHIP.

Boats."

...

ARBITRATION BY JUSTICES IN SALVAGE DISPUTES. See "Wrecks, Casualties and Salvage."

ARRESTMENTS-backing, &c.—(Scotland) 17 & 18 Vict. c. 104 s. 533 to 537

Page in Sumary.

214

206

207

87 99

135

214

100

In Investigations as to incompetency of Master, Mate, &c.

Inquiry where loss of life arises by casualty to or on board boats
belonging to Fishing Vessels...
50 & 51 Vict. c. 4, s. 12

ASSIGNMENT OR SALE OF SEAMEN'S WAGES or Salvage not valid.
17 & 18 Vict. c. 104, s. 233
AUSTRALIAN COLONIES-Vessels plying between parts in-on Rules as to
number of Passengers to be carried in, being proclaimed by the
Governor, &c., s. 13 & 14 of the Passengers Act, 1885, are to cease
to apply
24 & 25 Vict. c. 52, s. 1, 2

AWARD OF SUPERINTENDENT of Mercantile Marine Office in disputes as to
seamen's wages
17 & 18 Vict. c. 104, s. 170 to 173

(B.)

BALLASTAGE RATES--Application of, and as to charges for

17 & 18 Vict. c. 104, s. 419 BENEFICIAL INTEREST IN SHIP-(As to liabilities of persons having) 17 & 18 Vict. c. 104, s. 100 25 & 26 Vict. c. 63, s. 3

...

BILL OF LADING-
As to the rights, &c., of Consignee of goods named in, and of endorsee of
Bill of Lading
18 & 19 Vict. c. 111, s, 1
Right of Stoppage in transitu, &c., not affected, 18 & 19 Vict. c. 111, s. 2
Bill of Lading conclusive evidence of shipment, unless notice given of
non-shipment, &c.
18 & 19 Vict. c. 111, s. 3
Actions-In Admiralty Court (England) in respect of Bills of Lading as
specified
24 Vict. c. 10, s. 6

...

In the Admiralty and Local Courts (Ireland).

...

30 & 31 Vict. c. 114, s. 27 to 38, &c. BILL OF SALE OF SHIP-See "Ship" (Transfers and Transmissions) BIRTHS AND DEATHS

On board Passenger Ship

At Sea on Foreign Vessels to and from the United Kingdom

Page in Summary.

118

104

116

140-141

18 & 19 Vict, c. 119, s. 16

106

163

175

214

To superintend matters under this and all other Acts relating to Merchant Ships and Seamen, &c. 17 & 18 Vict. c. 104, s. 6 As to documents issued by-forms and their exemption from stamp duty -as to penalties, &c., for fraudulently altering, forging, &c., &c.-and to sanction form of official log 17 & 18 Vict. c. 104, s. 7 to 10, 96, 101, & 280 13-33-70 Application of monies and fines paid to the Board. 17 & 18 Vict. c. 104, s. 11 13 As to fees for measurement, inspection, &c., and as to Appropriation of Fees -Payment of Salaries, &c. (in part repealed). 36 & 37 Vict. c. 85, s. 30 39 & 40 Vict. c. 80, s. 39 The Board may prescribe Fees for engagement of Seamen, &c., under this Act 50 & 51 Vict. c. 4, s. 11 As to Returns, &c. to Board, by Consular Officers, &c.-powers of Naval and other Officers in requiring compliance with the Acts by Owners, Masters, and Crews-and appointment, duties, and powers of Inspectors 17 & 18 Vict. c. 104, s. 12 to 16 Performance by the Board of Trade of duties of Local Marine Boardto have control of Shipping Offices in certain particulars, and may dispense with transactions therein. 17 & 18 Vict. c. 104, s. 120, 121, 123, & 130 Non-application of sec. 3 of 20 and 21 Vict. c. 43 to any proceeding by the Board (except as stated) 25 & 26 Vict. c. 63, s. 65 Legal proceedings by the Board may be taken in the name of its Officers 36 & 37 Vict. c. 85, s. 31

...

The Board to direct that the draught of water on a ship leaving dock
be recorded, and as to prohibition of a change in ship's name without
the Board's consent
34 & 35 Vict. c. 110, s. 5 & 6

...

Page in Summary.

BOARD OF TRADE (General Functions)—continued.

The Board to be substituted, &c.—
For the Commissioners of Customs in the specified sections of the
Acts mentioned
35 & 36 Vict. c. 73, s. 3
The powers of the Emigration Commissioners in the Passengers
Acts of 1855 & 1863, to be transferred to-powers may be exer-
cised independently of the authority of a Secretary of State
35 & 36 Vict. c. 73, s. 5 & 6
As to the powers, duties, &c., of the former Emigration Commissioners
18 & 19 Vict. c. 119, s. 8 & 9
The Board may establish mercantile marine offices (otherwise than where
such office is conducted by a Local Marine Board), &c.
36 & 37 Vict. c. 85, s. 10
Shipowners may register with the Board, signals for private use, with
power to the Board to refuse as stated 36 & 37 Vict. c. 85, s. 21
As to Births and Deaths at sea
37 & 38 Vict. c. 88, s. 37
May determine questions as to Wreck, &c., as between Harbour and Light-
house authorities
40 & 41 Vict. c. 16, s. 7 & 8
As to the Merchant Shipping Fishing Boats Act, 1883. For details of
the Act, see" Fishing Boats." The Board may exempt trawlers from
the Act, and Superintendents of Mercantile Marine Offices (under
the Act) are to be under the control of the Board

...

46 & 47 Vict. c. 41, s. 3 & 11 As to Skippers keeping a record of, and reporting cases of death, injury, &c., on board 46 & 47 Vict. c. 41, s. 43 to 45 The Board may exempt Owners and Skippers from secs. 19 and 21 of the above Act (as to sending particulars to Superintendent, respecting Agreements with Seamen, &c.) and may make and vary, &c., regulations for trawlers. for preventing loss of life, &c.-and may cause inquiry to be made in case of loss of life by casualty to Fishing boats, &c. 50 & 51 Vict. c. 4, s. 3, 10, & 12

...

Functions of, in relation to Merchant Shipping and Seamen—

158

105

162

165

176

199

203

213-214

As to Seamen and ApprenticesThe Board may grant Licences to supply Seamen or Apprentices 17 & 18 Vic. c. 104, s. 146 To sanction form of agreement, and as to transmission, &c., of duplicate agreement by Shipping Masters 17 & 18 Vict. c. 104, s. 149 to 153 40-41 May give facilities for remitting wages, &c., to relatives3-as to Savings Banks for Seamen, and as to Fees on pauper apprenticeship to the sea service 17 & 18 Vic. c. 104, s. 177 to 180 Further, as to Savings Banks for Seamen 19 & 20 Vict. c. 41, s. 1 to 4 The Board may remit forfeiture of seamen's relief, if justifiable 43 & 44 Vict. c. 22, s. 3

As to Wages and Effects of deceased seamen and apprentices, and of Seamen invalided or discharged from H.M.'s Ships, and sent home by Merchant Ships, and recovery of Wages of Seamen and Apprentices lost with their Ships, and payment to deceased's widow, &c., where under £50, and as to payment over when above

Power of the Board to sue for Wages and Expenses (besides penalties) of Seamen when left abroad by Masters, and becoming distressed and relieved 17 & 18 Vict. c. 104, s. 213 18 & 19 Vict. c. 91, s. 16 25 & 26 Vict. c. 63, s. 19 & 22 121-122

...

102

BOARD OF TRADE (Functions as to Seamen and Apprentices)—continued.
As to publishing scale of medicines, &c., to be kept on board suitable to
accidents and diseases on Voyage. Appointment of Medical Inspector
by any Local Marine Board under Board of Trade's directions.
Sueing for expenses, &c., of, burial or illness, &c., of Seamen and
Apprentices when paid abroad on behalf of Her Majesty.

17 & 18 Vict. c. 104, s. 226 & 229
Establishment of a General Register and Record Office of Seamen,
control over same by Board of Trade and appointment of Registrar-
General with Assistants, &c.-Board may direct as to the business of,
at outports.-As to returns, lists, &c., being sent to the Registrar-
General
17 & 18 Vict. c. 104, s. 271 to 279
As to crimes by Masters, Seamen, and Apprentices ashore or afloat out of
Her Majesty's dominions
17 & 18 Vict. c. 101, s. 267 to 270
As to Certificates, &c., of Masters, Mates, and Engineers (and Skippers, and
Mates, or Second Hands of Fishing Boats)—

...

The Powers of the Board respecting the examination (and re-examina-
tion) of, and granting Certificates of competency, &c., to Masters
and Mates (and Engineers)—as to fees payable by applicants-
duplicate certificate to be recorded by Registrar-General of
Seamen, &c.-Notice by Board to Registrar-General as to cancell-
ing, suspension, &c., of certificate-copy of certificate to be
supplied if original lost-Penalties as to certificates, for forging,
fraudulently altering, &c.

...

Page in Summary.

59-60

69-70

121

17 & 18 Vict. c. 104, s. 131 to 135, 138 to 140 38-39 Examination, &c., of, and granting Certificates of competency, &c. to Engineers (and application of s. 138 to 140 of the M.S.A., 1854, to such certificates) 25 & 26 Vict. c. 63, s. 5 to 12 118 to 120 Board of Trade may (with concurrence of Local Marine Board) send Examiners to any port to examine applicants 25 & 26 Vict. c. 63, s. 17 As to examination of, and granting Certificates to Skippers and Mates or Second Hands of Fishing boats, and as to suspension and cancellation of certificates, &c. 46 & 47 Vict. c. 41, s. 36 to 40 202-203 Establishment of a Register of Skippers, &c. 46 & 47 Vict. c. 41, s. 41 As to Investigations into alleged incompetency of Master, Mate, or Engineer-and as to Reports to the Board on investigations by Naval Courts 17 & 18 Vict. c. 104, sec. 241, 242, & 265 62-63-67 25 & 26 Vict. c. 63, s. 11, 23, & 24 120-122-123. The Board may order a rehearing of Investigation, and as to where it may be held 42 & 43 Vict. c. 72, s. 2 & 3 178-179. As to inquiries, &c., when loss of life by casualty to a Fishing boat, &c. 46 & 47 Vict. c. 41, s. 39 50 & 51 Vict. c. 4, s. 12

occurs...

...

203

202 214

Functions of, as to Survey of Passenger Steamers— Appointment of Shipwright-Surveyors, and Engineer-Surveyors, and their functions-under penalty, to receive no fees, &c., otherwise than by Board's direction 17 & 18 Vict. c. 104, s. 303 & 305 to 308 73-74 Duties of the Surveyors, under regulations of the Board

...

35 & 36 Vict. c. 73, s. 13 Owner to have Steamer surveyed by said Surveyors, and to receive from them a Declaration 17 & 18 Vict. c. 104, s. 309 to 311 25 & 26 Vict. c. 63, s. 34 39 & 40 Vict. c. 80, s. 45

The Board thereupon to prepare a Certificate in duplicate stating the number of Passengers the Vessel is fit to carry and other particulars as to the disposal of certificate-fees therefor-duration -and as to revocation, &c., of... 17 & 18 Vict. c. 104, s. 312 to 316

74-75

124

176,

BOARD OF TRADE (Functions as to survey of Passenger Steamers)—continued.
The Certificate to be placed by Owner, Master, or Agent in a conspicuous
part of ship-penalty for carrying more Passengers than certified
for-and as to forging or fraudulently, &c., altering Certificate
17 & 18 Vict. c. 104, s. 317 to 320
Surveyors are to make Returns, &c., to the Board...

Page in Summary.

75-76

8. 321

As to Pilotage-Bye Laws of Pilotage Authorities before being submitted to H.M. in Council, to be published as the Board may direct-Appeal to Board, respecting, by not less than six persons (Masters, Owners, or Insurers of Ships),-Board may revoke same, &c.-Pilotage Authorities to make Returns as to Pilotage as specified, and Board may inspect books, &c.-effect of non-compliance-and as to Examination of Masters and Mates (for pilotage purposes), and granting Certificates, &c., and as to fees therefor

17 & 18 Vict. c. 104, s. 334, 336, to 344 & 355 78 to 81 The Board may make Provisional Order for the transfer of pilotage jurisdiction and as to making consequent arrangements-as to exempting Masters and Owners from being obliged to employ Pilots-as to their not paying rates when not employing themas to Licences-raising rates-and rules as to obtaining Provisional Orders 25 & 26 Vict. c. 63, s. 39 & 40 125 to 127

...

As to the Regulations for preventing collisions at sea (Lights, fog-
signals, and steering and sailing rules) being made, altered,
annulled, &c., by H.M. in Council on the joint recommendation
of the Admiralty and the Board of Trade—the publishing of by
the Board
25 & 26 Vict. c. 63, s. 25 and 26
The Board's Surveyor, &c., may inspect ships, and if they are not
properly provided with Lights, &c., he is to give notice to the Col-
lector, who is not to grant clearance. 25 & 26 Vict. c 63, s. 30
As to Lighthouses, &c.—On complaint the Board may employ persons
to inspect, and as to furnishing explanations, returns, &c., by
officers, &c., of Lighthouses and General Lighthouse Authorities
17 & 18 Vict. c. 104, s. 393
Light dues to be paid over by collector to General Lighthouse
Authority, who are to pay it to H.M.'s Paymaster-General as
Board of Trade may direct, to be carried to the Mercantile
Marine Fund ...
17 & 18 Vict. c. 104, s. 402 & 403
As to the Board's sanction under circumstances stated, to erection of
new Lighthouses, &c.
17 & 18 Vict. c. 104, s. 405 to 409-
"Lighthouses" includes sirens, fog signals, &c. 50 & 51 Vict. c. 62, s. 5
Lighthouses, &c., and Instruments, to be free of all parochial and
local dues, and ships of, and of Board of Trade, to be free to enter
and use harbours, ports, docks, and piers free of all tolls, dues,
and rates
18 & 18 Vict. c. 104, s. 430 & 431
25 & 26 Vict. c. 63, s. 48

...

The Board may determine questions as to Wreck, &c., as between
Harbour and Lighthouse Authorities. 40 & 41 Vict. c. 16, s. 7 & 8

...

As to Mercantile Marine Fund-Debts and liabilities of the Trinity
House, &c., previously payable out of tolls are to be paid out of
this Fund-so of pensions, &c. (as the Board of Trade may think
just)
16 & 17 Vict. c. 131, s. 12 & 13
Sums to be carried to-application of-charges thereon for the estab-
lishment of Lighthouses, &c., providing lifeboats, &c., and other
matters-no expenses allowed otherwise than as per estimates
submitted to and approved by the Board-borrowing on the credit
of the Fund--Lighthouse Authorities to account to the Board, &c.

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The Statute Law of Merchant Shipping Comprised in an Alphabetical Analysis ...