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Light Dues.

Application of
Light Dues.

New Lighthouses.

Power to
Lighthouse

Merchant Shipping (Part VI. Lighthouses.)

last-mentioned Authority or of the other General Lighthouse Authorities, and shall pay over to the General Lighthouse Authority by whom he was appointed, or as it directs, the whole Amount of Light Dues received by him, and the Authority so receiving the same shall keep Accounts thereof, and shall cause the same to be remitted to Her Majesty's Paymaster General in such Manner as the Board of Trade directs.

CCCCIII. All Light Dues coming to the Hands of any of the said General Lighthouse Authorities under this Act shall be carried to the Account of the Mercantile Marine Fund herein-after mentioned, and shall be dealt with in manner hereinafter prescribed.

Construction of and Dues for New Lighthouses.

CCCCIV. Each of the said General Lighthouse Authorities shall have Power, within its Jurisdiction, to execute the folAuthorities to lowing Works and do the following Things; (that is to say,)

erect, place,

and alter
Lighthouses,

Buoys, and
Beacons.

This Power in the Case of the Commis sioners and

(1.) To erect or place new Lighthouses, with all requisite Works, Roads, and Appurtenances, or alter or remove any existing Lighthouses:

(2.) To erect or place any new Buoys or Beacons, or alter or remove any existing Buoys or Beacons :

(3. To take and purchase any Land which may be necessary for the above Purposes, or for the Maintenance of the Works or the Residence of the Light Keepers :

(4.) To vary the Character of any Lighthouse or the Mode of exhibiting Lights therein :

(5.) To sell any Land belonging to it:

But the Exercise of the above Power shall, in the Case of the said Commissioners and Corporation, be subject to the Restrictions hereinafter contained.

CCCCV. Previously to undertaking any such Work as aforesaid, the said Commissioners or Corporation, as the Case may be, shall forward a Notice specifying fully the Nature of Corporation to the Work proposed to be undertaken by them, and their Reabe subject to sons for undertaking the same, to the Trinity House, who shall Approval by Trinity House, take the proposed Scheme into their Consideration, and notify with Appeal to the said Commissioners or Corporation their Approval or to Board of Rejection thereof with or without Modifications; but no such Notification shall be binding on the said Commissioners or

Trace.

Corporation

Merchant Shipping (Part VI. Lighthouses.)

Corporation until the same has been sanctioned by the Board of Trade in manner herein-after mentioned; and at any Time previous to such Sanction being given, the said Commissioners or Corporation may forward to the Trinity House and the Board of Trade, or either of them, any Objections to, or Observations upon, or Suggestions in respect of, such Notification.

New Lighthouses.

CCCCVI. In order to obtain such Sanction as aforesaid, the Sanction of Trinity House shall forward a Copy of their Notification, ac- Board of Trade, how to companied by Copies of all Communications that have passed be obtained. between the Trinity House and the said Commissioners or Corporation, to the Board of Trade; and such Board shall have Power to give any Directions they may think fit in relation to the Matters submitted to them, by granting or withholding their Sanction, either wholly or partially, and either with or without Modification.

CCCCVII. The Trinity House shall forthwith communicate Trinity House the Directions given by the Board of Trade in relation to the to inform Lighthouse Matters aforesaid to the said Commissioners or Corporation, Authorities of and the said Commissioners or Corporation shall, upon the Decision of Receipt of such Directions, be bound to act in conformity there- Trade. with, and to do or forbear doing anything thereby directed to be done or forborne.

Board of

CCCCVIII. The Trinity House shall have Power to direct Power to the said Commissioners and Corporation, or either of them, to Trinity House, execute the following Works; (that is to say,)

with Sanction of Board of Trade, to com

(1.) To continue any existing Lighthouses, Buoys, or Bea- pel Execution

cons:

of Works by Commissioners and

(2.) To erect or place any new Lighthouses, Buoys, or Bea- Corporation. cons, or alter or remove any existing Lighthouses, Buoys, or Beacons :

(3.) To vary the Character of any Lighthouse, or the Mode of exhibiting Lights therein:

But no such Directions shall be issued to the said Commissioners or Corporation until the Issue thereof has been sanctioned by the Board of Trade; such Sanction to be obtained by the Trinity House in manner herein-after mentioned.

CCCCIX. Previously to issuing any such Directions as Sanction of aforesaid, the Trinity House shall make an Application to the Board of Board of Trade, stating fully the Nature of the Work to which Trade, how to such Directions relate and their Reasons for directing the same; and shall at the same Time give Notice to the said Commissioners

be obtained.

New Lighthouses.

Her Majesty

in Council fix

to

Merchant Shipping (Part VI. Lighthouses.)

Commissioners or Corporation respectively of such their Application, by causing written Notice of the said Application and a Copy of the proposed Directions to be left at or sent to the Office of the said Commissioners in Edinburgh, or the Office of the said Corporation in Dublin, as the case may be; and Opportunity shall be afforded to the said Commissioners or Corporation to submit any Observations they may see fit to make with respect to such Application to the Trinity House and to the Board of Trade; and if thereupon the said Trinity House adhere to their said Directions, and if the Board of Trade concur therein, and if such Adherence and Concurrence is duly notified to the said Commissioners or Corporation, it shall be their Duty within a reasonable Time after such Notification is made to carry the said Directions into effect.

CCCCX. Upon the Completion of any new Lighthouse, may by Order Buoy, or Beacon, Her Majesty may by Order in Council fix Dues to be such Dues in respect thereof to be paid by the Master or Owner taken for new of every Ship which passes the same or derives Benefit thereLighthouses. from, as Her Majesty may deem reasonable, and may from Time to Time alter the Amount thereof; and such Dues shall be paid and collected in the same Manner, by the same Means, and subject to the same Conditions in, by, and subject to which the Light Dues authorized to be levied by this Act are paid and collected.

No Dues to be levied in

the Channel Islands with out Consent

of the States,

CCCCXI. No Dues for any Lighthouse, Buoy, or Beacon to be erected or placed in or near the Islands of Guernsey, Jersey, Sark, or Alderney shall be taken in the said Islands of Guernsey or Jersey without the Consent of the States of the said Islands and no Power respectively; nor shall any Powers herein-before given to the to be exercised Trinity House in respect of any Lighthouse, Buoy, or Beacon therein but by erected or placed in the Islands of Guernsey or Jersey, or hereCouncil. after to be erected or placed in such Islands, be exercised without the Consent of Her Majesty in Council.

Order in

Incorporation of 8 & 9 Viet. ec. 18 and 19.

Surrender of
Local
Lighthouses.

Local Light

CCCCXII. The Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Act (Scotland), 1845, shall be incorporated in this Act, and shall apply to all Lighthouses to be constructed aud all Land to be purchased under the Powers thereof.

Surrender of Local Lighthouses.

CCCCXIII. Every Local Authority holding any Lighthouse, houses may be Buoy, or Deacon at any Place within the Jurisdiction of any of surrendered to the said General Lighthouse Authorities may, if they think fit, General surrender or sell the same to such General Lighthouse AuthoAuthorities. rity, and such Authority may, with the Consent of the Board of

Lighthouse

Trade,

Merchant Shipping (Part VI. Lighthouses.)

Trade, accept or purchase the same, the Purchase Money (if any) to be paid out of the said Mercantile Marine Fund; and thereupon such Lighthouse and its Appurtenances or such Buoy or Beacon, as the Case may be, shall become vested in such Authority; and such Authority shall be entitled to receive all Dues lawfully payable in respect thereof at the Time of such Surrender or Sale, or, if Her Majesty by Order in Council so directs, such Dues as might be fixed and made payable if the same were a new Lighthouse, Buoy or Beacon; and such Lighthouse, Buoy, or Beacon, and the Dues payable in respect thereof, shall, after such Surrender or Sale, be subject in all respects to the same Regulations as other Lighthouses and Light Dues, Buoys and Beacons provided for by this Act.

Damage to Lights, Buoys, and Beacons.

CCCCXIV. If any Person wilfully or negligently commits any of the following Offences, (that is to say,)

Surrender of
Local
Lighthouses.

Damage to Lights, Buoys, and Beacons.

Penalty for
Injuring
Lights, Buoys,

(1.) Injures any Lighthouse or the Lights exhibited therein, and Beacon. or any Buoy or Beacon;

(2.) Removes, alters, or destroys any Light Ship, Buoy, or
Beacon;

(3.) Rides by, makes fast to, or runs foul of any Light Ship
or Buoy ;

He shall, in addition to the Expenses of making good any
Damage so occasioned, incur a Penalty not exceeding Fifty
Pounds.

Prevention of False Lights.

Prevention of
False Lights.

CCCCXV. Whenever any Fire or Light is burnt or exhibited General at such Place or in such Manner as to be liable to be mistaken Lighthouse for a Light proceeding from a Lighthouse, it shall be lawful for Authorities the General Lighthouse Authority within whose Jurisdiction bit false may prohi such Place is situate, to serve a Notice upon the Owner of the Lights. Place where the Fire or Light is burnt or exhibited, or on the Person having the Charge of such Fire or Light, either personnally or by Delivery at the Place of Abode of such Owner or Person, or by affixing the same in some conspicuous Spot near to such Fire or Light, and by such Notice to direct such Owner or Person, within a reasonable Time to be therein specified, to take effectual Means for the extinguishing or effectually screening such existing Light, and for preventing for the future any similar Fire or Light; and any Owner or Person

disobeying

Prevention of
Fulse Lights.

If not obeyed they may abate such Lights.

Merchant Shipping (Part VI. Lighthouses.)

disobeying such Notice shall be deemed guilty of a Common Nuisance, and in addition to any other Penalties or Liabilities of any kind thereby incurred, shall incur a Penalty not exceeding One hundred Pounds.

CCCCXVI. If any Owner or Person served with such Notice as aforesaid neglects for a Period of Seven Days to extinguish or effectually screen the Fire or Light therein mentioned, it shall be lawful for the General Lighthouse Authority within whose Jurisdiction the same may be, by their Servants or Workmen, to enter upon the Place whereon the same may be, and forthwith to extinguish such Fire or Light, doing no unnecessary Damage; and all Expenses incurred by such Authority in such Extinction may be recovered from such Person or Owner as aforesaid in the same Way as Penalties are hereby directed to be recoverable.

Mercantile Marine Fund.

PART VII.

MERCANTILE MARINE FUND,

Sums to be carried to Mercantile

CCCCXVII. The following Sums shall be carried to a common Fund, to be intituled the "Mercantile

Marine Fund. (that is to say,)

7 Vict. c. lvii.

(1.) All Fees and other Sums (other than Fines and Forfeitures) received by the Board of Trade under the Provisions of the Third and Fourth Parts of this Act:

(2.) All Light Dues or other Sums received by or accruing to the Trinity House, the Commissioners of Northern Lighthouses, and the Port of Dublin Corporation, under the Sixth Part of this Act:

(3.) All Rates and Monies received by the Trinity House under the Local Act of the Seventh Year of Her present Majesty, Chapter Fifty-seven, for the Regulation of Lastage and Ballastage in the River Thames :

(4.) All Fees and other Sums mentioned in the Table marked V. in the Schedule hereto which are received by Receivers appointed under the Eighth Part of this Act:

And an Account of the said Fund, entitled "The Mercantile
Marine Fund Account," shall be kept with Her Majesty's
Paymaster General.
CCCCXVIII.

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