Pt. XI. 640-641. the Lands Clauses Acts shall be incorporated with this Act and shall apply to all lighthouses to be constructed and all land to be purchased under the powers thereof. Restrictions on exercise of lighthouse powers by Commissioners. [1854, ss. 405 407.] Power of Trinity House to direct lighthouse works to be done. [1854, ss. 408, 409.] (2.) A general lighthouse authority may sell any land belonging to them. (a) Quare whether this section gives power to acquire land compulsorily. 640.-(1.) When the Commissioners of Northern Lighthouses or the Commissioners of Irish Lights propose to exercise any of their lighthouse powers, they shall submit a scheme to the Trinity House specifying the mode in which they propose to exercise the power, and their reasons for wishing to exercise the same, and they shall not exercise any such power until they have so submitted a scheme to the Trinity House and obtained the sanction of the Board of Trade in manner provided by this Act. (2.) The Trinity House shall take into consideration any scheme so submitted to them, and shall make a report, stating their approval or rejection of the scheme with or without modification, and shall send a copy of the report to the commissioners by whom the scheme is submitted. (3.) For the purpose of obtaining the sanction of the Board of Trade to any scheme so submitted to the Trinity House, the Trinity House shall send a copy of the scheme and of their report thereon, and of any communications which have passed with reference thereto between them and the commissioners by whom the scheme is submitted, to the Board of Trade, and that Board may give any directions they think fit with reference to the scheme, and may grant or withhold their sanction either wholly or subject to any conditions or modifications they think fit. (4.) The commissioners by whom a scheme is submitted may, before a decision on the scheme is given by the Board of Trade, forward either to that Board or to the Trinity House any suggestions or observations with respect to the scheme or the report of the Trinity House thereon, and the Board of Trade in giving any decision on the scheme shall consider those suggestions or observations. (5.) The decision of the Board of Trade with reference to any scheme shall be communicated by that Board to the Trinity House, and by the Trinity House to the commissioners by whom the scheme is submitted, and those commissioners shall act in conformity with the decision. 641.-(1.) The Trinity House may, with the sanction of the Board of Trade, direct the Commissioners of Northern Lighthouses or the Commissioners of Irish Lights (a.) to continue any lighthouse, buoy, or beacon: (b.) to erect or place any lighthouse, buoy, or beacon, or add Pt. XI. to, alter, or remove any existing lighthouse, buoy, or 642-643. beacon: (c.) to vary the character of any lighthouse or the mode of exhibiting lights therein: and the commissioners shall be bound within a reasonable time to obey any directions so given and sanctioned. (2.) For the purpose of obtaining the sanction of the Board of Trade to any direction under this section, the Trinity House shall make a written application to the Board of Trade showing fully the work which they propose to direct and their reasons for directing the same, and shall give notice in writing of the application to the commissioners to whom they propose to give the direction at their principal office in Edinburgh or Dublin, as the case may be. (3.) Before the Board of Trade decide on any such application an opportunity shall be given to the commissioners to whom it is proposed to give the direction for making any representation which they may think fit to make with regard to the application to the Board of Trade or the Trinity House. 642. Where any improved light, or any siren or any descrip- Additions to tion of fog signal has been added to an existing lighthouse, the lighthouses. light siren or signal may, for the purposes of this Part of this [50 & 51 Vict. Act, be treated as if it were a separate lighthouse. Cf. definition of "lighthouse," s. 742. Light Dues. See also the Merchant Shipping (Mercantile Marine Fund) Act, 1898. c. 62, s. 5.] 643. Subject to any alterations to be made under the powers con- Continuance tained in this Part of this Act, a general lighthouse authority shall, of light dues. in respect of any lighthouses, buoys, or beacons which at the commence- [1854, s. 396.] ment of this Act are under their management, continue to levy dues (in this Act called light dues), subject to the same limitations as to the amount thereof as are in force at the commencement of this Act; and those light dues shall be payable in respect of all ships (a) whatever, except ships belonging to Her Majesty (b), and ships exempted from payment thereof in pursuance of this Act (c). The words in italics are repealed by the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 8, Sched. IV. (a) For meaning of “ships,” see s. 742 and notes thereto. (b) “Ships belonging to Her Majesty": see the cases cited in note (a) to s. 557, as to the meaning of this term in that part of the Act. Reference may also be made to the following cases as to light dues before 1854: Trinity House (Master) v. Clark (1815), 4 M. & S. 288 (transport ship chartered to Crown, so as to transfer temporary ownership, held exempt); Smithett v. Blythe (1830), 1 B. & Ad. 509 (mail packets); Hamilton v. Stow (Stone) (1822), 1 D. & R. 274; 5 B. & Ad. 649. See also M. S. A. 1906, s. 80, as to "Government Ships" registered under M. S. Acts. (c) As to exemptions from light dues, see Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 5, Sched. II., and note (a) thereto. Cf. s. 372, exemption of certain ships from harbour dues, &c. Pt. XI. 644-647. 644. On the completion of any lighthouse, buoy, or beacon, Her Dues for new Majesty may, by Order in Council, fix dues to be paid in respect lighthouses. thereof in the case of any ship which passes the same, or derives [1854, s. 410.] benefit therefrom, and the dues so fixed shall, for the purposes of this Act, be deemed to be light dues. Revision of light dues by Order in Council. [1854, s. 397.] Regulation of lighthouse 30 & 31 Vict. c. 15. Publication of light dues and regula tions. This section is repealed by the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 8, Sched. IV. 645.—(1.) Her Majesty may, by Order in Council, increase, vary, or reduce any light dues payable in respect of any lighthouse, buoy, or beacon for the time being under the management of a general lighthouse authority. (2.) Provided that the light dues payable in respect of a lighthouse, buoy, or beacon which was existing on the first day of May one thousand eight hundred and fifty-five shall not be made to exceed the amount which at any period previous to that date was received in respect thereof, or to which they might have been raised during any part of that period. This section is repealed by the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 8, Sched. IV. 646.—(1.) A general lighthouse authority may, with the consent of Her Majesty given by Order in Council, (a.) exempt any ships or any classes of ships from the payment of light dues receivable by that authority, and annex any terms or conditions to those exemptions; (b.) (c.) alter the times, places, and modes at and in which the light dues receivable by the authority are payable; and substitute any other dues or class of dues, whether by way of annual payment or otherwise, in respect of any ships or classes of ships, for the dues payable to that authority for the time being. (2.) Nothing in this Act shall affect the provisions of the Shipping Dues Exemption Act, 1867, or any Act amending the same. This section is repealed by the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 8, Sched. IV. 647. Tables of all light dues, and a copy of the regulations for the time being in force in respect thereof, shall be posted up at all custom houses in the United Kingdom, and for that purpose [1854, s. 399.] each of the general lighthouse authorities shall furnish copies of all such tables and regulations to the Commissioners of Customs in London, and to the chief officers of customs resident at all places where light dues are collected on account of that lighthouse authority; and those copies shall be posted up by the Commissioners of Customs at the Custom House in London, and by the chief officers of customs at the custom houses of the places at which they are respectively resident. Pt. XI. 648. (1.) All light dues coming into the hands of any 648-650. general lighthouse authority under this Act shall be carried to Application the Mercantile Marine Fund (a). and collection (2.) Every person appointed to collect light dues by any of the of light dues. general lighthouse authorities shall collect all light dues payable [1854, ss. 402, 403.] at the port at which he is so appointed, whether they are collected on account of the authority by whom he was appointed or on account of one of the other general lighthouse authorities. (3.) Any person so appointed to collect light dues shall pay over to the general lighthouse authority by whom he was appointed, or as that authority directs, the whole amount of light dues received by him; and the authority receiving the dues shall keep accounts thereof, and shall cause the dues to be remitted to Her Majesty's Paymaster-General in such manner as the Board of Trade direct. (a) Now the General Lighthouse Fund: see Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 1 (c). 649.-(1.) The following persons shall be liable to pay light Recovery of dues for any ship in respect of which light dues are payable, light dues. namely,― (a.) the owner or master; or (b.) such consignees or agents thereof as have paid, or made themselves liable to pay, any other charge on account of the ship in the port of her arrival or discharge; and those dues may be recovered in the same manner as fines of a like amount under this Act (a). (2.) Any consignee or agent (not being the owner or master of the ship) who is hereby made liable for the payment of light dues in respect of any ship, may, out of any moneys received by him on account of that ship or belonging to the owner thereof, retain the amount of all light dues paid by him together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay the dues (b). (a) See ss. 680 et seq. () As to competing claims of seaman (for wages) and of a person who has paid light dues, see The Andalina (1886), 12 P. D. 1; 56 L. T. 171. [1862, ss. 44, 45.] dues. 650.—(1.) If the owner or master of any ship fails, on Distress on demand of the authorised collector, to pay the light dues due ship for light in respect thereof, that collector may, in addition to any other remedy which he or the authority by whom he is appointed is [1854, 8.401.] entitled to use, enter upon the ship, and distrain the goods, guns, tackle, or any thing belonging to, or on board, the ship, and detain that distress until the light dues are paid. (2.) If payment of the light dues is not made within the period of three days next ensuing the distress, the collector may, Pt. XI. 651-653. at any time during the continuance of the non-payment, cause the distress to be appraised by two sufficient persons or sworn appraisers, and thereupon sell the same, and apply the proceeds in payment of the light dues due, together with all reasonable expenses incurred by him under this section, paying the surplus (if any), on demand, to the owner or master of the ship. Receipt for light dues. The distress, or poinding and sale by direction of court or magistrate, under 8. 693, extends to the ship herself. 651. A receipt for light dues shall be given by the person appointed to collect the same to every person paying the same, [1854, s. 400.] and a ship may be detained (a) at any port where light dues are payable in respect of any ship, until the receipt for the light dues is produced to the proper officer of customs. Inspection of local lighthouses. [1862, s. 43.] Control of local light hose auto rities by general lighthouse (a) For provisions as to detention, see s. 692. Local Lighthouses. 652.-(1.) It shall be the duty of each of the general lighthouse authorities, or of any persons authorised by that authority for the purpose, to inspect all lighthouses, buoys, and beacons situate within their area, but belonging to or under the management of any local lighthouse authority, and to make such inquiries in respect thereof and of the management thereof as they think fit. (2.) All officers and others having the care of any such local lighthouses, buoys, or beacons, or concerned in the management thereof, shall furnish all such information and explanations concerning the same as the general lighthouse authority require. (3.) All local lighthouse authorities and their officers shall at all times give to the general lighthouse authority all such returns, explanations, or information concerning the lighthouses, buoys, and beacons under their management and the management thereof, as the general lighthouse authority require. (4.) The general lighthouse authority shall communicate to each local lighthouse authority the results of the inspection of their lighthouses, buoys, and beacons, and shall also make general reports of the results of their inspection of local lighthouses, buoys, and beacons to the Board of Trade; and those reports shall be laid before Parliament. 653.—(1.) A general lighthouse authority may, within their area, with the sanction of the Board of Trade, and after giving due notice of their intention, direct a local lighthouse authority to lay down buoys, or to remove or discontinue any lighthouse, buoy, or beacon, or to make any variation in the character of [1854, ss. 391, any lighthouse, buoy, or beacon, or in the mode of exhibiting lights in any lighthouse, buoy, or beacon. authorities. 395; 1862, 8. 43 (5).] |
