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Preliminary.

Merchant Shipping (Preliminary.)

"The Trinity House" shall mean the Master, Wardens, and
Assistants of the Guild, Fraternity, or Brotherhood of the
Most Glorious and Undivided Trinity and of St. Clement
in the Parish of Deptford Strond in the County of Kent,
commonly called the Corporation of the Trinity House of
Deptford Strond:

"The Port of Dublin Corporation" shall mean the Corpora-
tion for preserving and improving the Port of Dublin:
"Consular Officer" shall include Consul General, Consul, and

Vice Consul, and any Person for the Time being dis-
charging the Duties of Consul General, Consul, or Vice
Consul:

"Receiver" shall mean any Person appointed in pursuance of this Act Receiver of Wreck :

"Pilotage Authority" shall include all Bodies and Persons authorized to appoint or license Pilots, or to fix or alter Rates of Pilotage, or to exercise any Jurisdiction in respect of Pilotage:

"Pilot" shall mean any Person not belonging to a Ship who has the Conduct thereof:

"Qualified Pilot" shall mean any Person duly licensed by any Pilotage Authority to conduct Ships to which he does not belong :

"Master" shall include every Person (except a Pilot) having Command or Charge of any Ship:

"Seaman" shall include every Person (except Masters, Pilots,

and Apprentices duly indentured and registered,) employed or engaged in any Capacity on board any Ship: "Salvor" shall, in the Case of Salvage Services rendered by the Officers or Crew or Part of the Crew of any Ship belonging to Her Majesty, mean the Person in command of such Ship:

"Person" shall include Body Corporate:

"Ship" shall include every Description of Vessel used in
Navigation not propelled by Oars:

"Foreign-going Ship" shall include every Ship employed in
trading or going between some Place or Places in the
United Kingdom, and some Place or Places situate beyond
the following Limits; that is to say, the Coasts of the
United Kingdom, the Islands of Guernsey, Jersey, Sark,
Alderney, and Man, and the Continent of Europe between
the River Elbe and Brest inclusive:
"Home-trade Ship" shall include every Ship employed in trad-
ing or going within the following Limits; that is to say,
the United Kingdom, the Islands of Guernsey, Jersey, Sark
Alderney, and Man, and the Continent of Europe between
the River Elbe and Brest inclusive:

"Home-trade Passenger Ship" shall mean every Home-trade
Ship employed in carrying Passengers:

"Lighthouses"

Merchant Shipping (Part I. Board of Trade.)

"Lighthouses" shall, in addition to the ordinary Meaning of the Word, include, Floating and other Lights exhibited for the Guidance of Ships, and "Buoys and Beacons” shall include all other Marks and Signs of the Sea:

"Wreck" shall include Jetsam, Flotsam, Lagan, and Derclict found in or on the Shores of the Sea or any Tidal Water.

Preliminary.

III. This Act shall come inío operation on the First Day May One thousand eight hundred and fifty-five.

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IV. This Act shall not, except as herein-after specially pro- Exemption of vided, apply to Ships belonging to Her Majesty.

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Her Majesty's
Ships.

Division of

V. This Act shall be divided into Eleven Parts :-
The First Part relating to The Board of Trade: its general Act.

Functions:

The Second Part to British Ships: their Ownership,
Measurement, and Registry:

The Third Part to Masters and Seamen:

The Fourth Part to Safety and Prevention of Accidents:
The Fifth Part to Pilotage:

The Sixth Part to Lighthouses:

The Seventh Part to the Mercantile Marine Fund:

The Eighth Part to Wrecks, Casualties, and Salvage:

The Ninth Part to Liability of Shipowners:

The Tenth Part to legal Procedure:

The Eleventh Part to Miscellaneous Matiers.

FART I.

THE BOARD OF TRADE: ITS GENERAL FUNCTIONS.

VI. The Board of Trade shall be the Department to under- Board of Trade take the general Superintendence of Matters relating to Mer- to be Departchant Ships and Seamen, and shall be authorized to carry into ment to superexecution the Provisions of this Act, and of all other Acts re- chant Shiplating to Merchant Ships and Seamen in force for the Time ping. being, other than such Acts as relate to the Revenue.

intend Mer

VII. All Documents whatever purporting to be issued or writ- Certificates ten by or under the Direction of the Board of Trade, and pur- and Docuporting either to be sealed with the Seal of such Board, or to ments purporting to be be signed by One of the Secretaries or Assistant Secretaries to sealed or signsuch Board, shall be received in Evidence, and shall be deem- ed in a given ed to be issued or written by or under the Direction of the said Manner to be

Board,

Functions of
Board of
Trade.

received in Evidence.

Board of Trade

of Instru

ments.

Merchant Shipping (Part I. Board of Trade.)

Board, without further Proof, unless the contrary be shown; and all Documents purporting to be Certificates issued by the Board of Trade in pursuance of this Act, and to be sealed with the Seal of such Board, or to be signed by One of the Officers of the Marine Department of such Board, shall be received in Evidence, and shall be deemed to be such Certificates without further Proof, unless the contrary be shown.

VIII. The Board of Trade may from Time to Time prepare and to issue Forms sanction Forms of the various Books, Instruments, and Papers required by this Act other than those required by the Second Part thereof, and may from Time to Time make such Alterations therein as it deems requisite; and shall, before finally issuing or altering any such Form, give such Public Notice thereof as it deems necessary in order to prevent Inconvenience; and shall cause every such Form to be sealed with such Seal as aforesaid, or marked with some other distinguishing Mark, and to be supplied at the Custom Houses and Shipping Offices of the United Kingdom free of Charge, or at such moderate Prices as it may from Time to Time fix, or may license any Persons to print and sell the same; and every such Book, Instrument, and Paper as afores shall be made in the Form issued by the Board of Trade, and sanctioned by it as the proper Form for the Time being; and no such Book, Instrument, or Paper as aforesaid, unless made in such Form, shall be admissible in Evidence in any Civil Proceeding on the Part of any Owner or Master of any Ship; and every such Book, Instrument, or Paper, if made in a Form purporting to be a proper Form, and to be, sealed or marked as aforesaid, shall be taken to be made in the Form hereby required, unless the contrary is proved.

Certain Forms and Instru

ments to be exempt from

IX. All Instruments used in carrying into effect the Second Part of this Act, if not already exempted from Stamp Duty, and all Instruments which by the Third, Fourth, Sixth, or Seventh Stamp Duty. Parts of this Act are required to be made in Forms sanctioned by the Board of Trade, if made in such Forms, and all Instruments used by or under the Direction of the Board of Trade in carrying such Parts of this Act into effect, shall be exempt from Stamp Duty.

Penalties for X. Every Person who forges, assists in forging, or procures Seal and frau. to be forged, such Seal or other distinguishing Mark as aforesaid, Forgery of dulent Altera- or who fraudulently alters, assists in fraudulently altering, or protion of Forms, cures to be fraudulently altered, any Form issued by the Board of using Forms Trade, with the view of evading any of the Provisions of this Act or any Condition contained in such Form, shall for each Offence be deemed guilty of a Misdemeanor; and every Person who, in any Case in which a Form sanctioned by the Board of

and for not

issued by Board of

Trade.

Trade

Merchant Shipping (Part I. Board of Trade.)

Trade is, by the Third Part of this Act required to be used, uses without reasonable Excuse any Form not purporting to be so sanctioned, or who prints, sells or uses any Document purporting to be a Form so sanctioned knowing the same not to be so sanctioned for the Time being or not to have been prepared and issued by the Board of Trade, shall for each such Offence incur a Penalty not exceeding Ten Pounds.

Functions of
Board of

Trade.

XI. Subject to the Provisions herein-after contained, all Application of Fees and Payments (other than Fines) coming to the Hands of Moneys and the Board of Trade under the Third and Fourth Parts of this Fines paid to Board of Act, shall be carried to the Account of the Mercantile Marine Trade. Fund herein-after mentioned, and shall be dealt with as herein prescribed in that Behalf; and all Fines coming to the Hands of the Board of Trade under this Act shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom.

Trade.

XII. All Consular Officers, and all Officers of Customs abroad, Returns to and all Local Marine Boards and Shipping Masters, shall Board of make and send to the Board of Trade such Returns or Reports on any Matter relating to British Merchant Shipping or Seamen as such Board requires; and all Shipping Masters shall, whenever required by the Board of Trade, produce to such Board or to its Officers all official Log Books and other Documents which, in pursuance of this Act, are delivered to them.

Officers,

General of

not toms and

Shipping

XIII. Every Officer of the Board of Trade, and every Commis- Officers of sioned Officer of any of Her Majesty's Ships on Full Pay, and Board of every British Consular Officer, and the Registrar General of Trade, Naval Seamen and his Assistant, and every Chief Officer of Customs Consuls, the in any Place in Her Majesty's Dominions, and every Shipping Registrar Master, may, in Cases where he has Reason to suspect that seamen, Offithe Provisions of this Act or the Laws for the Time being cers of Cusrelating to Merchant Seamen and to Navigation are complied with, exercise the following Powers; (that is to say,) Masters, may He may require the Owner, Master, or any of the Crew of inspect Docuany British Ship to produce any Official Log Books or ments and other Documents relating to such Crew or any Member thereof in their respective Possession or Control: He may require any such Master to produce a List of all Persons on board his Ship, and take Copies of such Official Log Books, or Documents, or of any Part thereof: He may muster the Crew of any such Ship:

He may summon the Master to appear and give any Explanation concerning such Ship or her Crew or the said Official Log Books or Documents :

c

And

muster Crews.

Functions of
Board of
Trade.

Board of Trade may appoint Inspectors.

Powers of In spectors.

Merchant Shipping (Part I. Board of Trade.)

And if upon Requisition duly made by any Person so authorized in that behalf as aforesaid, any Person refuses or neglects to produce any such Oficial Log Book or Document as he is herein-before required to produce, or to allow the same to be inspected or copied as aforesaid, or impedes any such Muster of a Crew as aforesaid, or refuses or neglects to give any Explanation which he is herein-before required to give, or knowingly misleads or deceives any Person herein-before authorized to demand any such Explanation, he shall for each such Offence incur a Penalty not exceeding Twenty Pounds.

XIV. The Board of Trade may from Time to Time, whenever it seems expedient to them so to do, appoint any Person, as an Inspector, to report to them upon the following Matters; (that is to say,)

(1.) Upon the Nature and Causes of any Accident or Damage which any Ship has sustained or caused, or is alleged to have sustained or caused:

(2.) Whether the Provisions of this Act, or any Regulations made under or by virtue of this Act, have been complied with:

(3.) Whether the Hull and Machinery of any Steam Ship are sufficient and in good Condition.

XV. Every such Inspector as aforesaid shall have the follow ing Powers; (that is to say,)

(1.) He may go on board any Ship, and may inspect the same or any Part thereof, or any of the Machinery, Boats, Equipments, or Articles on board thereof to which the Provisions of this Act apply, not unnecessarily detaining or delaying her from proceeding on any Voyage:

(2.) He may enter and inspect any Premises the Entry or Inspection of which appears to him to be requisite for the Purpose of the Report which he is directed to make :

(3.) He may, by Summons under his Hand, require the Attendance of all such Persons as he thinks fit to call before him and examine for such Purpose, and may require Answers or Returns to any Inquiries he

thinks fit to make :

(4.) He may require and enforce the Production of all Books, Papers, or Documents which he considers important for such Purpose:

(5.) He may administer Oaths, or may, in lieu of requiring or administering an Oath, require every Person examined by him to make and subscribe a Declaration of the Truth of the Statements made by him in his Examination:

And

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