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To constitute new pilotage authorities.

To exempt from compulsory pilotage

in any district.

To enable existing authorities to grant licences and fix rates;

and raise rates.

To facilitate recovery of rates, &c. in certain cases.

To facilitate grants of licences.

Regulations with respect to manner of making and confirming provisional orders.

(3.) To constitute a pilotage authority and to fix the limits of its district in any place in the United Kingdom where there is no such authority; so, however, that in the new pilotage districts so constituted there shall be no compulsory pilotage, and no restriction on the power of duly qualified persons to obtain licences as pilots:

(4.) To exempt the masters and owners of all ships, or of any classes of
ships, from being obliged to employ pilots in any pilotage district or
in any part of any pilotage district, or from being obliged to pay for
pilots when not employing them in any district or in any part of any
pilotage district, and to annex any terms and conditions to such
exemptions:

(5.) In cases where the pilotage is not compulsory, and where there is no
restriction on the power of duly qualified persons to obtain licences
as pilots, to enable any pilotage authority to license pilots and fix
pilotage rates for any part of the district within the jurisdiction of
such authority for which no such licences or rates now exist:
(6.) In cases where the pilotage is not compulsory, and where there is no
restriction on the power of duly qualified persons to obtain licences
as pilots, to enable any pilotage authority to raise all or any of the
pilotage rates now in force in the district or any part of the district
within the jurisdiction of such authority:

(7.) In cases where the pilotage is not compulsory, and where there is no
restriction on the number of pilots, or on the power of duly qualified
persons to obtain licences as pilots, to give additional facilities for
the recovery of pilotage rates and for the prevention of the employ-
ment of unqualified pilots:

(8.) To give facilities for enabling duly qualified persons, after proper examination as to their qualifications, to obtain licences as pilots.

40. THE following rules shall be observed with respect to provisional orders made in pursuance of this Act:

1. Application in writing for such order shall be made to the Board of Trade by some persons interested in the pilotage of the district or in the operation of the laws or regulations relating to such pilotage:

2. Notice of such application having been made shall be published once at the least in each of two successive weeks in the month immediately succeeding the time of such application in the Shipping Gazette, and in some newspaper or newspapers circulating in the county, or, if there are more than one, in the counties adjacent to the pilotage district to be affected by the order:

3. The notice so published shall state the objects which it is proposed to effect by the provisional order:

4. The Board of Trade on receiving the application shall refer the same to the pilotage authority or authorities of the district, and shall receive and consider any objections which may be made to the proposed provisional order, and shall for that purpose allow at least six weeks to elapse between the time of referring the application to the pilotage authority and the time of making the provisional order:

5. The Board of Trade shall, after considering all objections, determine whether to proceed with the provisional order or not; and shall, if they determine to proceed with it, settle it in such manner and with such terms and conditions, not being inconsistent with the provisions of this Act, as they may think fit; and shall, when they have settled the same, forward copies thereof to the persons making the application and to the pilotage authority or authorities of the district or districts to which it refers:

6. No such provisional order shall take effect unless and until the same is confirmed by Parliament; and for the purpose of procuring such confirmation the Board of Trade shall introduce into Parliament a Public General Bill, or Public General Bills, in which, or in the schedule to which, the provisional order or provisional orders to be thereby confirmed shall be set out at length:

7. If any petition is presented to either House of Parliament against any such provisional order as aforesaid in the progress through Parliament of the Bill confirming the same, so much of the Bill as relates to the order so petitioned agaist may be referred to a select committee; and the petitioner shall in such case be allowed to appear and oppose as in the case of private Bills.

41. THE masters and owners of ships passing through the limits of any pilotage district in the United Kingdom on their voyages between two places both situate out of such districts shall be exempted from any obligation to employ a pilot within such district, or to pay pilotage rates when not employing a pilot within such district: Provided, that the exemption contained in this section shall not apply to ships loading or discharging at any place situate within such district, or at any place situatè above such district on the same river or its tributaries.

Extension of exemptions from compulsory pilotage.

42. WHEREAS under the provisions of the Bristol Channel Pilotage Act, 24 & 25 Vict. 1861, pilotage authorities have been established at the ports of Newport and cap. ccxxxvi. Gloucester, and the pilots theretofore licensed by the Trinity House of Deptford Strond for those parts have ceased to be so licensed: And whereas no provision has been made by the said Act for dealing with such interests as the said pilots may have in the Trinity House Pilot Fund mentioned in the principal Act: Be it therefore enacted, that, notwithstanding the said pilots have ceased to be licensed by the Trinity House, the Trinity House may make such an equitable arrangement in the administration of the Trinity House Pilot Fund mentioned in the principal Act with reference to the interests of the pilots so ceasing to be licensed by them as aforesaid as they may in their discretion think fit.

Lighthouses (Part VI. of Merchant Shipping Act, 1854).

Arrangement for interests Channel pilots in Trinity

of Bristol

House Pilot

Fund.

43. THE following rules shall be observed with respect to the inspection of Lights, &c. local lighthouses, buoys, and beacons; that is to say,

(1.) It shall be the duty of each of the general lighthouse authorities, or of such persons as may be authorized by such authority for the purpose, to inspect all lights, buoys, and beacons situate within the limits of the jurisdiction of such general authority, but belonging to or under the jurisdiction of any local authorities, and to make such inquiries

under local
authorities to

be inspected,
lighthouse
&c. by general
authorities.

Liability for and recovery of light dues.

Powers to consignees, &c. to retain light dues paid by them.

Dues may be fixed by Order in Council to

authorities.

in respect thereof and of the management thereof as they may think fit:

(2.) All officers and others having the care of such lighthouses, buoys, or beacons, or concerned in the management thereof, shall furnish all such information and explanations concerning the same as they may require :

(3.) All such local authorities and their respective officers shall at all times give to the inspecting authority all such returns, explanations, or information concerning the lighthouses, buoys, and beacons within their jurisdiction, and the management thereof, as the said authority may from time to time require:

(4.) The inspecting authority shall communicate to each local authority the results of its inspection of the lighthouses, buoys, and beacons within its jurisdiction, and shall also make general reports of the results of its inspection of local lighthouses, buoys, and beacons to the Board of Trade; and such reports shall be laid before Parliament:

(5.) The powers given by the 394th section of the principal Act to the general lighthouse authorities shall, so far as the same are applicable, extend and apply to the case of local buoys and beacons, other than local buoys and beacons placed or erected for temporary purposes, as well as to the case of local lighthouses.

44. THE following persons shall be liable to pay light dues for any ship in respect of which light dues are payable; (that is to say,) the owner or master, or such consignees or agents thereof as have paid or made themselves liable to pay any other charge on account of such ship in the port of her arrival or discharge; and in default of payment such light dues may be recovered in the same manner as penalties of the like amount may be recovered by virtue of the principal Act.

45. EVERY consignee and agent (not being the owner or master) hereby made liable for the payment of light dues in respect of any ship may, out of any monies in his hands received on account of such ship, or belonging to the owner thereof, retain the amount of all dues so paid by him, together with any reasonable expenses he may have incurred by reason of such payment or liability.

46. IF any lighthouse, buoy, or beacon is erected or placed, or reconstructed, repaired, or replaced by any local authority having jurisdiction in the matter be paid to local of lighthouses, buoys, or beacons, Her Majesty may, on the application of the said local authority, by Order in Council fix such dues to be paid to the said local authority in respect of every ship which enters the port or harbour under the jurisdiction of such local authority or the estuary wherein such lighthouse, buoy, or beacon is situate, and which passes the said lighthouse, buoy, or beacon, and derives benefit therefrom, as Her Majesty may deem reasonable:

The dues for the time being fixed by any such Order in Council as aforesaid shall be paid accordingly by the master of the said ship, or other person or persons by whom the said light dues, if levied by one of the general lighthouse authorities, would be payable, and shall be recoverable in the same manner as light dues payable to such general authorities are recoverable.

and accounts

47. ALL light dues leviable by any local authority under this Act shall be Application applied for the purposes of the construction, placing, maintenance, and im- of such dues. provement of the lighthouses, buoys, and beacons in respect of which the same are levied, and for no other purpose:

The local authority to whom the same are paid shall keep a separate account of the receipt and expenditure of such dues, and shall once in every year, or at such other time as the Board of Trade may determine, send a copy of such account to the Board of Trade, and shall send the same in such form and shall give such particulars in relation thereto as the Board of Trade may require :

Her Majesty may by Order in Council from time to time reduce, alter, or increase all or any of such dues, so that the same may, so far as it is practicable, be sufficient and not more than sufficient for the payment of the expenses incurred by the local authority in respect of the lighthouses, buoys, or beacons for which the dues are levied.

48. THE 431st section of the principal Act shall be read as if after the word Construction "ships" there were inserted the words "and boats."

of sect. 431. of principal Act.

amendment of

Wreck and Salvage (Part VIII. of Merchant Shipping Act, 1854.) 49. THE provisions contained in the eighth part of the principal Act for Extension and giving summary jurisdiction to two justices in salvage cases, and for preventing unnecessary appeals and litigation in such cases, shall be amended as follows; (that is to say,)

(1.) Such provision shall extend to all cases in which the value of the pro-
perty saved does not exceed one thousand pounds, as well as to the
cases provided for by the principal Act:

(2.) Such provisions shall be held to apply whether the salvage service has
been rendered within the limits of the United Kingdom or not:
(3.) It shall be lawful for one of Her Majesty's Principal Secretaries of
State, or in Ireland for the Lord Lieutenant or other Chief Governor
or Governors, to appoint out of the justices for any borough or
county a rota of justices by whom jurisdiction in salvage cases shall
be exercised:

(4.) When no such rota is appointed, it shall be lawful for the salvors, by
writing addressed to the justice's clerk, to name one justice, and for
the owner of the property saved in like manner to name the other:
(5.) If either party fails to name a justice within a reasonable time, the
case may be tried by two or more justices at petty sessions:

(6.) It shall be competent for any stipendiary magistrate, and also in
England for any county court judge, in Scotland for the sheriff or
sheriff substitute of any county, and in Ireland for the recorder of
any borough in which there is a recorder, or for the chairman of
quarter sessions in any county, to exercise the same jurisdiction in
salvage cases as is given to two justices:

(7.) It shall be lawful for one of Her Majesty's Principal Secretaries of State to determine a scale of costs to be awarded in salvage cases by any such justices or court as aforesaid :

(8.) All the provisions of the principal Act relating to summary proceedings in salvage cases, and to the prevention of unnecessary appeals in such

provisions as to summary juris

diction in small salvage cases.

Receiver of wreck may appoint a

valuer, &c., in salvage cases.

Jurisdiction of Court of Session in salvage cases.

Delivery of wreck by receiver to discharge him from liability, but not to

prejudice title.

17 & 18 Vict. c. 104. s. 475.

1 & 2 Vict. c. 2.

Application of proceeds of wreck belonging to the Crown.

cases, shall, except so far as the same are altered by this Act, extend and apply to all such proceedings, whether under the principal Act or this Act, or both of such Acts.

50. WHENEVER any salvage question arises the receiver of wreck for the district may, upon application from either of the parties, appoint a valuer to value the property in respect of which the salvage claim is made, and shall, when the valuation has been returned to him, give a copy of the valuation to both parties; and any copy of such valuation, purporting to be signed by the valuer, and to be attested by the receiver, shall be received in evidence in any subsequent proceeding; and there shall be paid in respect of such valuation, by the party applying for the same, such fee as the Board of Trade may direct.

51. THE words "Court of Session" in the four hundred and sixty-eighth section of the principal Act shall be deemed to mean and include either division of the Court of Session or the Lord Ordinary officiating on the Bills during vacation.

52. UPON delivery of wreck or of the proceeds of wreck by any receiver to any person in pursuance of the provisions of the eighth part of the principal Act such receiver shall be discharged from all liability in respect thereof; but such delivery shall not be deemed to prejudice or affect any question concerning the right or title to the said wreck which may be raised by third parties; nor shall any such delivery prejudice or affect any question concerning the title to the soil on which the wreck may have been found.

53. WHEREAS by the principal Act it is provided that the proceeds of wreck, if the same is not claimed by the owner within a year, and if no person other than Her Majesty, her heirs and successors, is proved to be entitled thereto, shall, subject to certain deductions, be paid into the receipt of Her Majesty's Exchequer in such manner as the Commissioners of the Treasury may direct, and that the same shall be carried to and form part of the Consolidated Fund of the United Kingdom:

And whereas doubts have been entertained whether the said last-recited provision is consistent with the arrangements concerning the hereditary revenues of the Crown effected by the Act of the first year of Her present Majesty, chapter two: And whereas doubts have also been entertained whether due provision is made by the said Act for paying to the revenues of the Duchies of Lancaster and Cornwall respectively such of the said proceeds as may belong to those Duchies:

It is hereby declared, that such of the said proceeds of wreck as belong to Her Majesty in right of her Crown shall, during the life of Her present Majesty, (whom God long preserve), be carried to and form part of the Consolidated Fund of the United Kingdom, and shall after the decease of Her present Majesty (whom God long preserve) be payable and paid to Her Majesty's heirs and successors:

And it is hereby further declared, that such of the said proceeds of wreck as belong to Her Majesty in right of her Duchy of Lancaster shall be paid to the Receiver General of the said Duchy or his sufficient deputy or deputies as part of the revenues of the said Duchy, and be dealt with accordingly :

And it is hereby further declared and enacted, that the provision in the principal Act contained regarding the sale of unclaimed wreck to which no

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