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17 & 18 VICT. C. 120.
chant Shipping, and to continue certain Provisions in the said
[11th August, 1854.] WHEREAS by “ The Merchant Shipping Act, 1854,” the acts relating to merchant shipping are amended and consolidated, and it is expedient to repeal certain acts and parts of acts relating to merchant shipping, and to make temporary provisions with respect to certain of the matters referred to in the said acts: 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. 1. This act may be cited for all purposes as “ The Merchant Shipping Short title of Repeal Act, 1854."
2. In the construction and for the purposes of this act the interpretation Interpretation of terms contained in “The Merchant Shipping Act, 1854,” shall be con- of terms in this sidered as incorporated with and forming part of this act.
3. With the exception of such provisions of this act as are hereinafter Commenceexpressly stated to be intended to come into operation immediately after ment of act. the passing thereof, this act shall come into operation at the same time as the Merchant Shipping Act, 1854. .
4. There shall be hereby repealed
The several acts and parts of acts set forth in the first schedule hereto, Repeal of acts to the extent to which such acts or parts of acts are therein expressed to mentioned in be repealed, and all such provisions of any other acts or of any charters, schedule. and all such laws, customs and rules as are inconsistent with the provisions of the Merchant Shipping Act, 1854 (c):
Provided that such repeal shall not affect-
Majesty King William the Fourth, chapter seventy-nine, as to title,
House by the same act (d):
Any liability accruing before this act comes into operation : (5.) Any penalty, forfeiture or other punishment incurred or to be in
curred in respect of any offence committed before this act comes
into operation :
remedy for ascertaining, enforcing, or recovering any such liability,
5. The local marine boards, the members of which have been appointed or Continuation elected under the Mercantile Marine Act, 1850, shall continue to act until the of Local Mafourth day of February, one thousand eight hundred and fifty-seven, or until rine Boards.
the Statute Law Revision Act, 1876
(c) See Glaholm v. Barker, L. R., i Ch. 223. (d) This subsection is repealed by APPXDX.
other boards have been constituted in lieu thereof in pursuance of the provisions of the Merchant Shipping Act, 1854 (e).
Construction of sections 4 and 9 of the Pilotage Law Amendment Act, 1853.
6. The fourth and ninth sections of “ The Pilotage Law Amendment Act. 1853,” shall be construed as if the fifth part of “The Merchant Shipping Act, 1854," were therein referred to, in lieu of the act of the sixth year of King George the Fourth, chapter one hundred and twentyfive.
7. The Board of Trade may, out of the Mercantile Marine Fund, direct life boats, &c. payment to be made of such expenses for establishing and maintaining on may be charged the coasts of the United Kingdom proper life boats, with the necessary on Mercantile Marine Fund.
crews and equipments, and for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for the granting rewards for the preservation of life in such cases, as it thinks fit; and this section shall come into operation immediately after the passing of this act (f).
Existing lia. bilities on Mercantile Marine Fund continued.
8. Nothing in the Merchant Shipping Act, 1854, or in this act, contained shall operate to prevent the exercise of the powers contained in the twelfth and sixteenth sections of the Merchant Shipping Law Amendment Act, 1853, of paying the debts, liabilities and expenses therein mentioned out of the Mercantile Marine Fund: And whereas it was arranged that a sum to be ascertained by the calculation of actuaries should before the said last-mentioned act came into operation be paid by the Trinity House out of the cash balances then in their hands for the purpose of supplying a deficiency in the funds of the Cinque Ports pilots, and of indemnifying the funds of the Trinity House pilots against any loss consequent upon the settlements to be made under the Pilotage Law Amendment Act, 1853: And whereas when the Merchant Shipping Law Amendment Act, 1853, came into operation, the said calculation was not completed : Be it enacted, that such payment may, with the consent of the Board of Trade, be made by the Trinity House in the same manner as payment of the debts, liabilities, and expenses referred to in the said twelfth section of the said last-mentioned act; and this section shall come into operation immediately after the passing of this act (s).
Provision as to 9. All monies arising from any wages and effects of deceased seamen or wages, &c. re- apprentices to the sea service which were received before the first day of ceived before January, one thousand eight hundred and fifty-two, shall be applied in the 1852.
same manner as if the same had been received under the provisions of “ The 13 & 14 Vict. Merchant Shipping Act, 1854”(@). c. 102, s. 31. Receiver 10. The receiver-general of droits of Admiralty shall, as to all things general to to be done by him in virtue of his office, conform to all lawful directions conform to
given for that purpose by the Board of Trade; and on a vacancy occurring directions of Board of
in his office no successor shall be appointed, but thereupon all powers and privileges vested in such receiver-general shall be transferred to the Board of Trade ; and this section shall come into operation immediately after the passing of this act (f).
Powers of 11. Receivers appointed by the said receiver-general under the act of Board of Trade the tenth year of the reign of her present Majesty, chapter ninety-nine, as to appoint shall hold their offices only during the pleasure of the Board of Trade; ment of re
and the serjeants of the Admiralty of the Cinque Ports, their deputies or ceivers.
(e) These sections are repealed by the Statute Law Revision Act, 1875.
(f) The words in italics are repealed
by the Statute Law Revision Act, 1875.
other officers, authorized to perform the duties and to exercise the powers within the jurisdiction of the Cinque Ports elsewhere performed and exercised by such receivers as aforesaid, shall perform and exercise the same only during the pleasure and subject to the directions of the Board of Trade; and all such receivers, serjeants, deputies, and other officers as aforesaid shall possess in the several districts within which they have hitherto exercised their duties the same powers, rights, and privileges, and perform the same duties, as are by the said Merchant Shipping Act, 1854, vested in and committed to the receivers therein mentioned, save only that they shall not be entitled to take the command in cases of ships or boats stranded or in distress, unless authorized so to do by the Board of Trade.
12. There shall be payable to such receivers, serjeants, deputies, and Payment of other officers as aforesaid such fees and other remuneration as are by the receivers. said Merchant Shipping Act, 1854, made payable to receivers appointed thereunder, and payment thereof shall be made by the same persons and in the same manner, and shall be capable of being enforced by the same means, as payment of the fees or other remuneration payable to the receivers appointed under "The Merchant Shipping Act, 1854,” are payable or capable of being enforced, or as near thereto as circumstances permit; and, save as aforesaid, and saying also any expenses actually and properly incurred, no such receiver, serjeant, deputy or other officer as aforesaid shall be entitled to demand or receive from any person any fees or other sums in respect of any services performed by him as receiver, and this section shall come into operation immediately after the passing of this act(9).
13. All fees or other remuneration received by any such receiver, ser- Application of jeant, deputy, or other officer as aforesaid may be applied by him to his fees. own use.
14. The provisions contained in the ninth part of “ The Merchant Ship- Ninth part of ping Act, 1854," shall come into operation at the same time as if the same Merchant were herein repeated, and were hereby expressed to be intended to come into Shipping Act, operation immediately after the passing of this act; and the following acts,
to 1854, to come that is to say, the act of the seventh year of King George the Second, chapter immediately. fifteen, the act of the twenty-sixth year of King George the Third, chapter eighty-six, and the act of the fifty-third year of King George the Third, chapter one hundred and fifty-nine, shall be considered as repealed immediately after the passing of this act (h).
15. All criminal proceedings under “The Seamen's Fund Winding-up Mode of proAct, 1851," " The Pilotage Law Amendment Act, 1853," “ The Merchant cedure in criShipping Law Amendment Act, 1853,” or this act, shall be carried on in minal cases. the same manner as similar proceedings under “The Merchant Shipping Act, 1854;” and all rules of law, practice, and evidence which are applicable to such last-mentioned proceedings shall be applicable to criminal proceedings under this act.
16. If a native of any country in Asia, Africa, or of any of the islands Penalty on in the South Sea or the Pacific Ocean, or of any other country not having masters of ships any consul in the United Kingdom, is brought to the United Kingdomi in leaving certain
amen in disany ship, British or foreign, as a seaman, and is left in the United King
18- tress in this dom, and within six months of his being so left becomes chargeable upon co the poor rate, or commits any act by reason of the committal whereof he is liable to be convicted as an idle and disorderly person, or any other act of vagrancy, the master or owner of the said ship, or in case of a
() The words in italics in this (h) This section is repealed by the section are repealed by the Statute Statute Law Revision Act, 1875. Law Revision Act, 1875.
foreign ship the person who is consignee of the ship at the time of the seaman being so left as aforesaid, shall incur a penalty not exceeding thirty pounds, unless he can show that the person so left as aforesaid quitted the ship without the consent of the master, or that due means have been afforded by such master, owner, or consignee, or one of them, to such person, of returning to his native country, or to the country in which he was shipped ; and the Court inflicting such penalty may order the whole or any part of such penalty to be applied towards the relief or sending home of such person.
SCHEDULE to which this Act refers.
Acts and PARTS of Acts to be repealed.
Reference to Act.
Title of Act.
Extent of Repeal.
8 Eliz. c. 13 .. An Act touching Sea Marks and Mariners .. The whole act, except
section 5 (k). 12 Anne, stat. 2, An Act for the preserving all such Ships and Goods So much as is not already c. 18.
thereof which shall happen to be forced on Shore repealed.
any other of her Majesty's Dominions. 4 Geo. 1, c. 12 .. An Act for enforcing and making perpetual an So much as is not already
Act of the Twelfth Year of her late Majesty,' repealed.
be answerable for the Acts of the Master or
Mariners. 20 Geo. 2, c. 38.. An Act for the Relief and Support of maimed dis- So much as is not already
abled Seamen, and the Widows and Children of repealed.
Merchant Service. 26 Geo. 2, c. 19.. An Act for enforcing the Laws against Persons So much as is not already
who shall steal or detain shipwrecked goods, repealed.
Seventh Year of his late Majesty's Reign, in-
Relief to the Owners of Ships.
Northern Parts of Great Britain.
the Twenty-sixth year of his present Majesty's
(k) The whole of this act is repealed by the 27 & 28 Vict. c. 113, s. 49.
Reference to Act.
Title of Act.
Extent of Repeal.
29 Geo. 3, c. 52.. An Act to give further Powers to the Commis. The whole act.
sioners for erecting certain Lighthouses in the
Northern Parts of Great Britain. 38 Geo. 3, c. 57 An Act for incorporating the Commissioners ap- The whole act.
(local and per- pointed for erecting certain Lighthouses in the sonal).
I Northern Parts of Great Britain. 46 Geo. 3, c. 106.. An Act to provide for the better Execution of the Sections 76 and 76.
several Acts relating to the Revenues, Matters,
Cape Rock on the Eastern Coast of Scotland,
towards that Purpose.
Depredations committed on Merchants, Ship-
of her late Majesty Queen Anne.
and improving the Port of Dublin to erect, re-
the Charge thereof. 51 Geo. 3, c. 66.. An Act to amend and render more effectual several The whole act, so far as
Acts for promoting the Trade of Dublin, by relates to Lighthouses
abling the Corporation for preserving and im-
fraying the Charge thereof.
in certain Cases.
Northern Lighthouses to purchase the Island
(local and per. Northern Lighthouses to erect Lighthouses on sonal.)
the Isles of Man and Calf of Man. 59 Geo. 3, c. 12.. An Act to amend the Laws for the Relief of the Section 32.