« السابقةمتابعة »
Herchani Shipping (l'urt II. Registry.)
And in order that the above Provisions as to Forleitzres may be carried into effect it shali be lawful for any Commissioned Ollicer on Full Pay in the Military or Naval Service of lier Majestv, or any British Officer of Customs, or uv Brilish Consular Officer, to seize and detain any Ship which has, either wholly or as to any Share therein, become subject 10 Forfeiture as aforesaid, and to bring her for Adjudication beiore the High Court of Admiralty in Englund or Ireluiul, or any Cour: having Admiralty Jurisdiction in Her Majesty's Dominions; and such Court may thereupon make such Order in the Case as it may think fit, and may award to the Oliicer bringing in the same for Adjudication such Portion of the Froceeds of the Sale of any forfeited Ship or Share as it may think right.
CIV. No such Ollicer as aforesaid shall be responsible, either officer nut civilly or criminally, to any Per:0) whomsoever, in respect of liable for any
und the Seizure or Deiention of any Slip that has been seized or ser
on reasonable detained by himn in pursuance of the Provisions heroin con- Grounds. tained, notwithstanding that such Ship is not brought in for Adjudicaiion, or, if so brought in, is declared moi to be liable to Forfeiture, if it is shown to the Satisfaction of the Judge or Court before whom any Trial relating to such Ship or such Seizure or Deiention is held that there were reasonable Grounds for such Seizure or Deiention ; but is no suc Grounds are shown, such judge or Court may award Payineut or Cosis and Damages to any Party aggrieved, and make such other Order in the Premises as it thinks juist.
CV. If any Colours usually worn by Her Majesty's Ships, or Penaity for any Colours resembling those oilierlesiy, or any disunciive larrying
improper National Colours, except ile Red Ensign usually worn by Mer- Colours chani Ships, or exceptihe Union Jack with a White Dorder, or if the Pendant usually carried by lier Majesty's Slips or any Pendant in anywise resembling such Pendant, are or is hoisted on board any Ship or Boat belonging to any Subject of Her Diajesty without Warran: for so doing from ller Ma esiy or from the Admiralty, the Master of such Ship or Best, or the Owner thereof, if on board the same, ani every other Person loisting or joining or assisting in hoistingihe same, shall for eveiy such Ollence incur a Penalty not exceeding Five hundred Pearls ; and it shall be lawfik for any Outer on Fiil Payne Minary or Naval Service of lerilaje: iv, 01 any Eric Oliver of the Customs, or ariy British Consular Onixer, to board any such Ship or Boat, and to take away any such 12, Culous, or Pendant ; and such Jack, Colours, or Penunt stille fricited to Her Majesiy.
CVI. Whenever it is declared by this Act that a Ship belon- Effect of L'e. ing to any Person or Body Corporate qualified according to Claration in
Merchant Shipping (Part II. Registry.)
the Act that this Act to be Owners of British Ships shall not be recognized a Ship shall as a Brilish Ship, such Ship shall not be entitled to any Benefits, not be recog. nized as a Bri- Privileges, Advantages, or Protection usually enjoyed by tish Ship. British Ships, and shall not be entitled to use the Brilish Flag
or assume the British National Character ; but, so far as regards the Payment of Dues, the Liability to Pains and Penalties, and the Punishment of Offences committed on board such Ship or by any Persons belonging to her, such Ship shall be dealt with in the same Manner in all respects as if she were a recognized British Ship.
Copies of Re: CVII. Every Register of or Declaration made in pursuance of
be the Second part of this Act in respect of any Brilish Ship may Declarations to be admis- be proved in any Court of Justice, or before any Person having sible in Evi- by Law or by Consent of Parties Authority to receive Evidence, dence, and 10
adie either by the Production of the Original or by an examined Proof of cer- Copy thereof, or by a Copy thereof purporting to be certified tain Things. under the land of the Registrar or other Person having the
Charge of the Original ; which certified Copies he is hereby re-
Saving of 3 & 4 Vict. c. 56, relating to East ludian Ships.
CVIII. Nothing in this Act contained shall repeal or affect an Act passed in the Session of Parliament holden in the Third and fourth Years of the Reign of Her present Majesty, Chapter Fifty-six, intituled, An Act further to regulate the Trade of Ships built and trading within the Limits of the East India Company's Charter.
Merchant Shipping (Part III. Masters and Scamen.)
MASTERS AND SEAMEN.
CIX. The various Provisions of the Third Part of this Act Avplicatie shall have the following Applications, unless the Context or Part III. of Subject Matter requires a different Application ; (that is to Act. say,) So much of the Third Part of this Act as relates to the Delivery Returns
or Transmission of Lists of Crews to the Registrar General certain Ships of Seamen shall apply to all Fishing Vessels belonging to belonging to
the United the United Kingdom, whether employed exclusively on Kingdo the Coasts of the United Kingdom, or not; to all Ships belonging to the Trinity Ilouse, or the Commissioners of Northern Lighthouses, constituted as herein-after mentioned, or the Port of Dublin Corporation, and to all Pleasure Yachts, and to the Owners, Masters, and Crews of such Ships :
So much of the Third Part of this Act as relates to the De- Returns and livery and Transmission of Lists of Crews, and to the Wages
ceased Sea Wages and Effects of deceased Seamen and Apprentices, meu in certain shall apply to all Sea-going British Ships, wherever regis- ColonialShips. tered, of which the Crews are discharged, or whose final Port of Destination is in the United Kingdom, and to the Owners, Masters, and Crews of such Ships :
So much of the Third Part of this Act as relates to the Ship- Shipping and ping and Discharge of Seamen in the United Kingdom discharging
. Men in the sball apply to all Sea-going British Ships, wherever regis- Ù
United Kingtered, and to the Owners, Masters, and Crews of such dum. Ships :
So much of the Third Part of this Act as relates to Seamen Volunteering
volunteering into the Royal Navy shall apply to all Sea- into the Navy. going Brilish Ships, wherever registered, and to the Owners, Masters, and Crews of such Ships, wherever the same may be :
So much of the Third Part of this Act as relates to Rights to provision
Wages and Remedies for the Recovery thereof; to the plicable to
Merchant Shipping (Part III. Masters and Seamen.)
Accommodation of Seamen ; to the Power of Seamen to make Complaints ; to the Protection of Seamen from Iinposition ; to Discipline ; to Naval Courts on the High Seas and abroad ; and to Crimes committed abroad ; shall apply to all Ships registered in any of Her Majesty's Dominions abroad, when such Ships are out of the Jurisdiction of their respective Governments, and to the
Owners, Masters, and (rews of sick Ships: As to whole And the whole of the Third Part of this Act shall apply to of Part III. of
a!/ Sea-going Ships registered in the United Kingdom, Act.
(except such as are exclusively employed in fishing on the Coasts of the United Kingdom, and such as belong to the Trinity House, the Commissioners of Norihern Lighthouses, or the Port of Dublin Corporation, and also except Pleasure Yachts,) and also to all Ships registered in any Brilish Possession and employed in trading or going between any Place in the United Kingdom and any Place or Places not situate in the Possession in which such Ships are registered, and to the Owners, Masters, and Crews of
such Ships respectively, wherever the same may be. Local Marine Boards.
Local Marine Boards. Constitution CX. There shall be Local Marine Boards for carrying into of Local Bla- effect the Provisions of this Act under the Superintendence of fine Boards.
the Board of Trade at those Seaports of the United Kingdom at which Local Marine Boards have bereiofore been established, and at such other Places as the Board of Trade appoints for this Purpose ; and each of such Local Marine Boards shall be constituted as follows; (that is to say,) ihe Mayor or Prorosi and the Stipendiary Magistrate or such of the mayors or Prorosis and Stipendiary Magistrates of the Place (if more than one) as the Board of Tradea: points shall be a Meinber or Meinbersex officio; the Board of Trade shall appoint Four Members from Persons residing or having Places of Business at the Port or within Seven Miles thereof; and the Owners of Foreign-going Ships and of Home Trade Passenger Slips registered at the Port shall elect Six Members; and such Elections as aforesaid shall take place on the Twenty-filth Day of Junuary Ore thousand eight hundred and lifty-seven, anci on ile Twenty-sih Day of January in every Third succeeding Year, and such Appointments as aforesaid shall take place within One Nionih kiler such Elections; and upon the Conclusion of such Monili and the Constiintion of a new Board the Functions of the then exising Board shall cease, and the Board consisting of the Miembers then newly elected and appointed shall jake its Place; and any occasional Vacancy caused in the intervals between the General Elections and Appoiniments, hy Deain, Resignation, Disqualification, or othcrwise, sliall be filled up within One Month
Merchant Shipping (Part III. Masters and Seamen.)
after it oceurs; and every Person elected or appointed on an occasional Vacancy shall continue a Member until the next Constitution of a new board; and the Mayor or Provost shall fix the Place and-Viode of conducting all such Elections as aforesaid, and also on occasional Vacancies the Day of Election, and shall give at least Ten Days Notice thereof; and ihe Board of Trace shall have Power to decide any questions raised concerning any such Elections.
CXI. Owners of Foreign-going Ships and of Home Trade Pas- Qualification senger Ships registered at any Seaport at which there is a Local of Vöters for Marine Board shall bave Voies at the Election of Members of Pembers of
Local Marine such Board as follows; (that is to say,) every registered Owner Boards. of not less than Two hundred and fifty Tons in the whole of such Shipping shall at every Election have One Vore for each Member for every Two hundred and listy Tons owned by him, so that his Voies for any One Member do not exceed Ten: And for the Purpose of ascertaining the Qualification of such Electors the following Rules shall be observed ; (that is to say,) in the Case of a Ship registered in the Name of One Person, such Person shall he deemed to be the Owner, and in the Case of a Ship registered in distinct and several Shares in the Names of more Persons than One, the Tonnage shali be apportioned among the Owners as nearly as may be in proportion to their respective Shares, and each of such Persons shall be deemed to be the Owner of ije Tonnage so apportioned to him; and in the Case of a Ship or Shares of a Ship registered jointly without Severance of Interest in the Names of more Persons than One, the Tonnage shall, if it is sulicient, either alone or together with ollier Tonnage (if any) owned by such joint Owners, to give a Qualificaiiou to each of them, be apportioned equally between the joint Owners, and each of such joint Owners shall be deemed to be ille Owner of the equal Share so apportioned to him, but if it is not so sullicieni, the whole of such Tonnage sball be deemed to be owned by such One of the joint Owners resident or having a Place of Business at the Port or within Seven Miles thereof as is dirsi named on the Register; and in making any such Apportionment as aforesaid any Portion may be struck oti so as to obtain a divisible Amount; and the whole Amount of Tonnage so owned by each Person, whether in Ships or Shares of or interests in Ships, shall be added together, and, if suflicient, shall constitute his Qualification.
CXII. The Collector or Comptroller of Customs in every Sea- Lists port of the United Kingdom at which there is a Local Marine Voters to be Board shall, with the Assistance of the Registrar General of made. Seamen, on or before the Tweniy-fifth Day of December in the Year One thousand eight hundred and fity-six, and in every Third succeeding Year, make oui an alphabetical List of the