ANNO DECIMO SEPTIMO & DECIMO OCTAVO VICTORIÆ REGINE. CAP. CIV. An Act to amend and consolidate the Acts relating to W [10th August 1854.] HEREAS it is expedient to amend and consolidate the Acts relating to Merchant Shipping: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: Preliminary.. I. This Act may be cited for all Purposes as "The Merchant Shipping Act, 1854." Preliminary. Short Title of Act. Terms in this II. In the Construction and for the Purposes of this Act (if Interpretation not inconsistent with the Context or Subject Matter) the follow- of certain ing Terms shall have the respective Meanings herein-after as- Act: signed to them; that is to say, "Her Majesty's Dominions" shall mean Her Majesty's Do- land, Territory, or Settlement within Her Majesty's Do- "The Treasury" shall mean the Commissioners of Her Ma- "The Admiralty" shall mean the Lord High Admiral or the Commissioners for executing his Office: "The Board of Trade" shall mean the Lords of the Committee of Privy Council appointed for the Consideration of Matters relating to Trade and Foreign Plantations: "The Preliminary. Merchant Shipping (Preliminary.) "The Trinity House" shall mean the Master, Wardens, and "The Port of Dublin Corporation" shall mean the Corpora- Vice Consul, and any Person for the Time being dis- "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 trading 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" Merchan i 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 Derelict found in or on the Shores of the Sea or any Tidal Water. Preliminary. III. This Act shall come into operation on the First Day of CommenceMay One thousand eight hundred and fifty-five. ment of Act. IV. This Act shall not, except as herein-after specially pro- Exemption of vided, apply to Ships belonging to Her Majesty. V. This Act shall be divided into Eleven Parts :- Her Majesty's Division of 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 Tenth Part to legal Procedure: The Eleventh Part to Miscellaneous Matters. PART I. THE BOARD OF TRADE: ITS GENERAL FUNCTIONS. intend Mer 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. pur ments pur VII. All Documents whatever purporting to be issued or writ- Certificates ten by or under the Direction of the Board of Trade, and and Docuporting either to be sealed with the Seal of such Board, or to porting 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 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 Oflices 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 aforesaid 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 Forgery of Seal and frau- to be forged, such Seal or other distinguishing Mark as aforesaid, 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 issued by 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 Board of 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. 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. 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 Officers, 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 eers 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: с And muster Crews. |