9. All the provisions of the Merchant Shipping Act, 1854 (s), in Extending regard to salvage of life from any ship or boat within the limits of the 17 & 18 Vict. United Kingdom, shall be extended to the salvage of life from any British c. 104, as to ship or boat, wheresoever the services may have been rendered, and from claims for any foreign ship or boat, where the services have been rendered either salvage of life. wholly or in part in British waters. 10. The High Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages (t) earned by him on board the ship, whether the same be due under a special contract or otherwise, and also over any claim by the master of any ship for wages earned by him on board the ship, and for disbursements made by him on account of the ship: Provided always, that if in any such cause the plaintiff do not recover fifty pounds he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court (u). 11. The High Court of Admiralty shall have jurisdiction over any claim in respect of any mortgage duly registered according to the provisions of the Merchant Shipping Act, 1854, whether the ship or the proceeds thereof be under arrest of the said Court or not. 12. The High Court of Admiralty shall have the same powers over any British ship, or any share therein, as are conferred upon the High Court of Chancery in England by the sixty-second, sixty-third, sixty-fourth and sixty-fifth sections of the Merchant Shipping Act, 1854. 13. Whenever any ship or vessel, or the proceeds thereof, are under arrest of the High Court of Admiralty, the said Court shall have the same powers as are conferred upon the High Court of Chancery in England by the ninth part of the Merchant Shipping Act, 1854 (v). 14. The High Court of Admiralty shall be a Court of Record for all Court to be a intents and purposes. [Sections 15 to 30 relate to the procedure and practice of the Court of Admiralty.] [Section 31 is repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66)]. [Section 32 provides that the Judges of the Court of Admiralty may grant leave to appeal to her Majesty in Council from any order or decree made by him, whether ex parte or otherwise (x). [Sections 33 to 34 relate to the procedure and practice of the High Court of Admiralty.] Court of Record. 35. The jurisdiction conferred by this act on the High Court of Admi- Jurisdiction of ralty may be exercised either by proceedings in rem or by proceedings in the Court. personam. (s) Sect. 476. (t) See The Great Eastern, L. R., 1 A. & E. 384. (u) See the County Courts (Admiralty Jurisdiction) Act, 1868 (31 & 32 Vict. c. 71), s. 9; Rules of the Supreme Court, Order LV.; and Garnett v. Bradley, 3 App. Cases, 944. (v) See The Amalia, Br. & L. 151; (x) See the Judicature Act, 1873 Short title. Interpretation of terms: "Shipping purposes: "Differential dues." Abolition of passing tolls. Abolition of dues leviable by charitable authorities. Dues levied for shipping purposes on ships 24 & 25 VICT. c. 47. An Act to facilitate the Construction and Improvement of Harbours Preliminary. 1. This act may be cited for all purposes as "The Harbours and Passing Tolls, &c. Act, 1861." 2. In the construction of this act the following expressions shall have the meanings hereby assigned to them, unless such meanings are inconsistent with the context; that is to say, The expression "shipping purposes" shall include the constructing or doing any work or thing that conduces to the safety or convenience of ships, or that facilitates the shipping or unshipping of goods, and the management and superintending the same, and shall also include the maintenance of any lifeboat or other means of preserving life in case of shipwreck: The expression "differential dues" shall include any dues, rates, or taxes levied on foreign ships, or on goods carried in foreign ships, which are not levied under like circumstances on British ships or on goods carried in British ships; and shall also include any excess of dues, rates, or taxes levied on foreign ships, or on goods carried in foreign ships, over the dues or taxes levied under like circumstances on British ships or on goods carried in British ships; excepting always such duties as the commissioners of customs may be empowered to levy for the use of her Majesty under any act of parliament in the events therein mentioned. PART II.-ABOLITION OF PASSING TOLLS. 4. From and after the first day of January one thousand eight hundred and sixty-two all tolls and rates ordinarily known by the name of passing tolls, leviable in respect of any harbours on ships which pass but do not enter such harbours, or on goods carried in any such ships, shall cease to be levied. PART III.-ABOLITION OF DUES LEVIED BY CHARITABLE 6. All rates, dues, duties, and imposts (hereinafter included in the term shipping dues) leviable by any of the charitable authorities named in the first schedule annexed hereto on ships, or on goods carried in ships, shall, except so far as the same may be required for the execution of such shipping purposes as have hitherto been executed by means of the said dues, cease to be levied on and after the first day of January one thousand eight hundred and seventy-two. 7. Whenever any of the said shipping dues leviable by any of the said authorities named in the first schedule are applicable to shipping purposes, but such shipping purposes are not for the benefit of ships or goods carried therein at the port or place at which such dues are levied, such or goods which dues shall cease to be levied on and after the first day of January one derive no thousand eight hundred and seventy-two. [Sect. 8 relates to the application of the shipping dues leviable by the authorities named in the first schedule to the act, with a proviso that such dues should continue to be levied so long as may from time to time be declared by order in council to be necessary for the payment of certain pensions.] PART IV.-ABOLITION OF DIFFERENTIAL DUES AND COMPENSATION THEREFOR. 10. All differential dues shall cease and be abolished on and after the first day of January one thousand eight hundred and sixty-two (x). [Sections 11 to 13, relating to compensation for differential dues, are repealed by the Statute Law Revision Act, 1875]. benefit. 65. The lords of the committee of privy council appointed for the con- Title of Board sideration of matters relating to trade and foreign plantations may be de- of Trade. scribed in all acts of parliament, deeds, contracts, and other instruments, by the official title of "The Board of Trade" without expressing their names, and all acts of parliament, contracts, deeds, and other instruments wherein they are so described shall be as valid as if the said lords or any of them had been named therein. FIRST SCHEDULE. The Trinity House of Kingston-upon-Hull. The Trinity House of Newcastle-on-Tyne. The Fraternity of Hostmen of Newcastle-on-Tyne. The Society of Keelmen on the River Tyne. The Trinity Corporation of Leith. The Guildry Incorporation of Perth. The Fraternity of the Masters and Seamen of Dundee. 25 & 26 VICT. c. 63. "The An Act to amend "The Merchant Shipping Act, 1854," Merchant Shipping Act Amendment Act, 1855," and "The Customs Consolidation Act, 1853." [29th July, 1862.] WHEREAS it is expedient further to amend "The Merchant Shipping Act, 17 & 18 V. c. 104. 1854,' The Merchant Shipping Act Amendment Act, 1855," and "The 18 & 19 V. c. 91. Customs Consolidation Act, 1853:" Be it enacted by the Queen's most 16 & 17 V. c. 107. (x) The Customs' Laws Consolidation Act, 1876 (39 & 40 Vict. c. 36), s. 141, enacts as follows:-"Every foreign ship proceeding either with cargo or passengers or in ballast on any voyage from one part of the United Kingdom to another, or from the Islands of Guernsey, Jersey, Alderney, Sark, or Man to the United Kingdom, or from the United Kingdom to any of the said islands, or from any of the said islands to any other of them, or from any part of any of the said islands to any other part of the same, shall be subject, as to stores for the use of the crew and in all other respects, to the same laws, rules, and regulations to which British ships when so employed are now subject; but no such foreign ship nor any goods carried therein shall, during the time she is so employed, be subject to any higher or other rate of dock, pier, harbour, light, pilotage, tonnage, or other dues, duties, tolls, rates, or other charges whatsoever, or to any other rules as to the employment of pilots, or any other rules or restrictions whatsoever, than British ships employed in like manner or goods carried therein, any law, charter, special privilege, or grant to the contrary notwithstanding; nor shall any body corporate or person having or claiming any right or title to any such higher or other rates, dues, duties, tolls, or other charges as aforesaid be entitled to any compensation in respect thereof under any law or statute relating thereto, or otherwise howsoever." Foreign ships in coasting trade subject to same rules as British ships. Foreign ships employed in the coasting trade not to be subject to higher rates than British ships. Short title. Enactments in table (A.) repealed. Equities not excluded by Merchant 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: 1. This act may be cited as "The Merchant Shipping Act Amendment Act, 1862," and shall be construed with and as part of "The Merchant Shipping Act, 1854," hereinafter termed the principal act. 2. The enactments described in table (A.) in the schedule to this act shall be repealed as therein mentioned, except as to any liabilities incurred before such repeal (u). Registry and Measurement of Tonnage (Part II. of Merchant Shipping Act, 1854). 3. It is hereby declared that the expression "beneficial interest," whenever used in the second part of the principal act, includes interests arising under contract and other equitable interests; and the intention of the said Shipping Act. act is that, without prejudice to the provisions contained in the said act for preventing notice of trusts from being entered in the register book or received by the registrar, and without prejudice to the powers of disposition and of giving receipts conferred by the said act on registered owners and mortgagees, and without prejudice to the provisions contained in the said act relating to the exclusion of unqualified persons from the ownership of British ships, equities may be enforced against owners and mortgagees of ships in respect of their interest therein, in the same manner as equities may be enforced against them in respect of any other personal property. Tonnage rates under local acts may be levied on the registered tonnage. Steam ships to carry certificated en gineers. 4. Any body corporate or persons having power to levy tonnage rates on ships may, if they think fit, with the consent of the Board of Trade, levy such tonnage rates upon the registered tonnage of the ships as determined by the rules for the measurement of tonnage for the time being in force under the principal act, notwithstanding that the local act or acts under which such rates are levied provides for levying the same upon some different system of tonnage measurement. Certificates for Engineers (Part III. of Merchant Shipping Act, 1854). 5. On and after the first day of June, one thousand eight hundred and sixty-three, every steam ship which is required by the principal act to have a master possessing a certificate from the Board of Trade shall also have an engineer or engineers possessing a certificate or certificates from the Board of Trade as follows; (that is to say,) (1.) Engineers' certificates shall be of two grades, viz., "first-class engineers' certificates," and "second-class engineers' certificates:" (2.) Every foreign-going steam ship of one hundred nominal horse power or upwards shall have as its first and second engineers two certificated engineers, the first possessing a "first-class engineer's certificate," and the second possessing a "second-class engineer's certificate," or a certificate of the higher grade: (3.) Every foreign-going steam ship of less than one hundred nominal (4.) Every sea-going home trade passenger steam ship shall have as its sessed of such certificate as is required by this section, shall for 6. The Board of Trade shall from time to time cause examinations to Examinations be held of persons who may be desirous of obtaining certificates of com- for engineers' petency as engineers; for the purpose of such examinations the Board of certificates of competency. Trade shall from time to time appoint and remove examiners, and award the remuneration to be paid to them; lay down rules as to the qualification of applicants, and as to the times and places of examination; and generally do all such acts as it thinks expedient in order to carry into effect the examination of such engineers as aforesaid. 7. All applicants for examinations shall pay such fees, not exceeding Fees to be paid the sums specified in the table marked (B.) (v) in the schedule hereto, as the by applicants Board of Trade directs; and such fees shall be paid to such persons as the for examinasaid Board appoints for that purpose, and shall be carried to the account of the mercantile marine fund. tion. 8. The Board of Trade shall deliver to every applicant who is duly Certificates of reported to have passed the examination satisfactorily, and to have given competency to satisfactory evidence of his sobriety, experience and ability, a certificate be granted to of competency, as first-class engineer or as second-class engineer, as the those who pass. case may be. certificates of service to be 9. Certificates of service for engineers, differing in form from certificates Engineers' of competency, shall be granted as follows; (that is to say,) (1.) Every person who before the first day of April, one thousand eight delivered on hundred and sixty-two has served as first engineer in any foreign- proof of certain going steam ship of one hundred nominal horse power or upwards, service. or who has attained or attains the rank of engineer in the service of her Majesty or of the East India Company, shall be entitled to a "first-class engineer's certificate" of service: (2.) Every person who before the first day of April, one thousand eight hundred and sixty-two has served as second engineer in any foreigngoing steam ship of one hundred nominal horse power or upwards, or as first or only engineer in any other steam ship, or who has attained or attains the rank of first-class assistant engineer in the service of her Majesty, shall be entitled to a "second-class engineer's certificate" of service: Each of such certificates of service shall contain particulars of the name, place and time of birth, and the length and nature of the previous service of the person to whom the same is delivered; and the Board of Trade shall deliver such certificates of service to the various persons so respectively entitled thereto, upon their proving themselves to have attained such rank or to have served as aforesaid, and upon their giving a full and satisfactory account of the particulars aforesaid. 10. The provisions of the principal act, with respect to the certificates of competency or service of masters and mates, contained in the 138th, 139th, 140th, 161st, and 162nd sections of the said act, shall apply to certificates of competency or service granted under this act in the same manner as if certificates of competency and service to be granted to engineers under this act were specially mentioned and included in the said sections. Certain provisions of Merchant Shipping Act to apply to engineers' cer tificates. Power of Marine Board 11. The power by the 241st section of the principal act given to the Board of Trade or to any local marine board of instituting investigations into the conduct of any master or mate whom it has reason to believe to be from incompetency or misconduct unfit to discharge his duties, shall extend to any certificated engineer whom the Board of Trade or any local marine board has reason to believe to be from incompetency or misconduct certificated unfit to discharge his duties, in the same manner as if in the said section engineers. (v) See post, "Forms," No. 23. |