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An Act to amend and consolidate the Acts relating to
Merchant Shipping.

[10th August 1854.]

T HEREAS it is expedient to amend and consolidate the

W 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,

Preliminary I. This Act may be cited for all Purposes as “The Mer-sh chant Shipping Act, 1854.”

Art.

Act:

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

Terms in this ing Terms shall have the respective Meanings herein-after a3signed to them ; that is to say, " Her Majesty's Dominions” shall mean Her Majesty's Do

minions strictly so called, and all Territories under the
Government of the East India Company, and all other
Territories (if any) governed by any Charter or Licence

from the Crown or Parliament of the United Kingdom :
“The United Kingdom” shall mean Great Britain and Ireland :
British Possession” shall mean any Colony, Plantation, Is-

land, Territory, or Settlement within Her Majesty's Do

minions, and not within the “United Kingdom :" “The Treasury” shall mean the Commissioners of Her Ma

jesty's Treasury : “ 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 Mat-
ters relating to Trade and Foreign Plantations :

Preliminary.

Merchant Shipping (Preliminary.)

Depthonly called opeford Sora Trinity Brotherhoods, and

“ The Trinity Houseshall 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 Sironi : li 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 discharging 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 res

pect 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,) employ

ed 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, ihe 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"

S or goinhip" shall inest inclusive.com

Preliminary.

Merchan 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.

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.

Her Majesty's

Ships. V. This Act shall be divided into Eleven Parts :

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 Ninth Part to Liability of Shipowners :
The Tenth Part to legal Procedure :
The Eleventh Part to Miscellaneous Matters.

PART 1.

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 super.

intend Merexecution 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 Acis as relate to the Revenue,

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

lo 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

: Manner to be ed to be issued or written by or under the Direction of the said

Board,

Functions of

Merchant Shipping (Part I. Board of Trade.) Board of

Trade. received in

Board, without further Proof, unless the contrary be shown; Evideuce. and all Documents purporting to be Certificates issued by the

· Board of Trade in pursuance of ibis 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.

ments.

Boardof Trade VIII. The Board of Trade may from Time to Time prepare and to issue Forms sanction Forms of the various Books, Instruments, and Papers of Instru

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 Ollices 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 IX. All Instruments used in carrying into effect the Second and Instru. Part of this Act, if not already exempted from Stamp Duty, and ments to be exempt from

om all Instruments which by the Third, Fourth, Sixtli, or Seventh

a 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 SOB ... 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 and for not

hs Trade, with the view of evading any of the Provisions of this using Forms issued by Act or any Condition contained in such Form, shall for each Board of

Offence be deemed gnilty of a Misdemeanor ; and every Person Trade. who, in any Case in which a Form sanctioned by the Board of

Trade

Merchant Shipping (Part I. Board of Trade.)

Functions of
Borord of

Trade..

Trade is, by the Third Part of this Act required to be used, uses without reasonable Excuse any Forin 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 Ofence incur a Penaliy not exceeding Ten Pounds.

Board

of

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

i Cannth Post of this Fires paid to Act, shall be carried to the Account of the Mercantile Marine Trade. Fund herein-afier mentioned, and shall be dealt with as herein prescribed in that behalí ; and all Fines coming to the lands 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.

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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 T) 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 suck Board or to its Officers all official Log Books and other Documents which, in pursuance of this Act, are delivered to them.

ficers

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, 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 women. 09.

General of the Provisions of this Act or the Laws for the Time being eers of Cusrelating to Merchant Seamen and to Navigation are not tome and complied with, exercise the following Powers ; (that is to say,) Masters, may

Shipping 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

muster Crews. 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 musier the Crew of any such Ship :
He may summon the Master to appear and give any Expla-

nation concerning such Ship or her Crew or the said
Official Log Books or Documents :

And

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