compensation to any person so discharged or retiring shall exceed the proportion of his salary which might be granted under similar circumstances to a person in the public civil service under the act of the fourth and fifth years of King William the Fourth, chapter twentyfour, or under any other act for regulating such superannuation allowances or compensations for the time being in force; and such commutations, superannuations, and compensations shall from time to time be included in the estimates to be submitted as aforesaid, and paid out of the said fund. Tues levied on ships not to be Trade. XXIV. No dues, tolls, rates, or charges, of what nature soever, levied or leviable, or hereafter to be levied or leviable, on any ships, sold or charged or on any goods carried in any ships, in any port of Great Britain or without consent Ireland for any purpose whatever, shall be sold, mortgaged, or charged of the Board of in any manner or for any purpose without the consent of the Board of Trade first obtained, such consent to be signified by writing under the hand of one of the secretaries or assistant secretaries to such board; and any sale, mortgage, or charge of any such dues, tolls, rates, or charges, made after the passing of this act, without such consent, shall be absolutely void, except in the following cases; (that is to say,) in the case of any sale, mortgage, or charge of any dues, tolls, rates, or charges levied for the use of any dock or other undertaking intended solely for the benefit of shipping, where the monies raised by the sale, mortgage, or charge are to be applied exclusively for the purposes of the undertaking for the use of which such dues, rates, tolls, or charges are levied, or leviable, in the case of any mortgage or charge made under the authority of any act of parliament for the purpose of raising money to pay the costs of any work constructed or duly contracted for before the passing of this act; and in the case of any mortgage or charge made or continued under any powers of reborrowing or continuing money on mortgage or bond given by any act of parliament for the purposes of any work so constructed or contracted for as aforesaid. chant Seamen's XXVIII. All monies which under the Seaman's Fund Winding-up Property beAct, 1851, now are or may hereafter become part of or applicable to longing to Mer the purposes of the general fund therein mentioned, shall be paid Fund to be paid into the receipt of her Majesty's exchequer in such manner as the into Exchequer. commissioners of her Majesty's treasury may direct; and all property, not being money so forming part of or being applicable to the purposes of the said fund as aforesaid, shall be sold, and the produce thereof shall be paid into the receipt of her Majesty's exchequer in like manner; and all monies so paid into the receipt of her Majesty's exchequer shall be carried to and made part of the consolidated fund of the United Kingdom. men's Fund to XXIX. The several payments and expenses which by the said Expenses of Seamen's Fund Winding-up Act, 1851, are charged partly on the said Merchant Sea. general fund therein mentioned, and partly on the consolidated fund be provided for of the United Kingdom of Great Britain and Ireland, shall, except as by annual vote. regards the payment to the Seamen's Hospital Society herein-after mentioned, be provided for by annual votes of parliament. FORMS AND PRECEDENTS. No. 1. This and the two next forms have, with others, been issued by the Commissioner! of Customs, under the authority given to them by Section 96 of 17 & 18 Viet. c. 104, to make alterations, with the consent of the Board of Trade, in the forms -prescribed by Part the 2nd of that Act. Length from the forepart of stem under the bowsprit to the aftside of the head of the stern post Main breadth to outside of plank Depth in hold from tonnage deck to ceiling at midships Feet. Tenths. No. of Tons. paid to (b) receipt whereof is hereby acknowledged, transfer - shares in the ship aboveparticularly described, and in her boats, guns, ammunition, small purtenances, to the said heirs, covenant with the said the said Further (c) by, the arms, and apfor (d) have power to transfer in manner aforesaid the premises herein before expressed to be transferred, and that the same are free from incumbrances (g) seal-, this Executed by the above-named (a) "I" or "we.” (b) "Me" or "us." our." (c) "I" or "we." (d) "Myself and my" or "ourselves and (e) "His," "her," or "their." (f) "I" or "we." (g) If there be any subsisting mortgage or outstanding certificate of mortgage, add "save as appears by the registry of the said ship." No. 2. Mortgage (Sailing Ship), to secure Principal Sum and Interest. Length from the forepart of stem under the bowsprit to the aftside of the head of the sternpost Main breadth to outside of plank Depth in hold from tonnage deck to ceiling at midships Feet. Tenths. No. of Tons. and (d) - heirs, covenant with the said or (d) in every the said principal sum is not paid on the said day (a) · or (d) cutors, or administrators, will, during such time as the same or any part thereof remain unpaid, pay to the said interest on the whole or such part thereof as may for the time being remain unpaid, at the rate of per cent. per annum, by equal half-yearly payments, on the day of and day of year; and for better securing to the said the repayment in manner aforesaid of the said principal sum and interest, (a) - hereby mortgage to the said shares, of which (e) the owner-, in the ship above particularly described, and in her boats, guns, ammunition, small arms, and appurtenances. (a) declare that this mortgage is made on condition that the power of sale which by the Merchant Shipping Act, 1854, is vested in the said shall not be exercised until the said (g). day of —. Lastly, (a) ———— for (c) and (d) heirs, covenant Iwith the said and assigns that (a) ha- power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from incumbrances (ƒ). In witness whereof (a) seal-, this day of ha- hereto subscribed (d) name- and affixed (d) Executed by the above-named (a) "I" or "we." (b) "Me" or "us." (e) "Myself" or "ourselves." (d) "My" or "or (e) "I am" or "we are." (f) If any prior incumbrance, add "save as appears by the registry of the said ship." (g) Insert the day fixed for the payment of principal as above. N.B.-In case of Transfer it may be made by Indorsement, in the following form : TRANSFER OF MORTGAGE. in consideration of this day paid to (3) the benefit of the within-written security. In witness whereof (d) ha- hereunto subscribed (e) name- and affixed -seal-, this one thousand eight hundred and (a) the within-mentioned by hereby transfer to (c) (e) day of N.B.-In case a Mortgage is paid off, the following Memorandum of its discharge may No. 3. Mortgage (Sailing Ship) to secure Account Current, &c. Length from the forepart of stem under the bowsprit to the aftside of the head of the sternpost Main breadth to outside of plank Depth in hold from tonnage deck to ceiling at midships Feet. Tenths. No. of Tons. Whereas (a) NOW (b) the undersigned and (d) in consideration of the - and (e) heirs, covenant with the said premises for (c) · assigns, to pay to him or them the sums for the time being due on this security, whether by way of principal or interest, at the times and manner aforesaid. And for the purpose of better securing to the said the payment of such sums as last aforesaid (b), do hereby mortgage to the said shares, of which (f)- the owner, in the ship above particularly described, and in her boats, guns, ammunition, small arms, and appurtenances. (a) Here state by way of recital that there is an account current between the mortgagor (describing him) and the mortgagee (describing him); and describe the nature of the transaction, so as to show how the amount of principal and interest due at any given time is to be ascertained, and the manner and time of payment. (b) "I" or "we." (c) "Myself" or " ourselves." (d)" My" or "our." (e) "His" or "their." (f) "I am" or "we are." (g) If any prior incumbrance, add "save as appears by the registry of the said ship." |