Officers of inland revenue may be au shall be made for the allowance within six months after such policy shall be spoiled or become useless; and the enactments now in force with reference to the allowance of spoiled stamps shall, so far as the same are applicable, extend to the allowance herein before mentioned. 18. The said commissioners may authorize any officer or officers of inland revenue to receive and examine the claims made for such allowance as aforesaid, and to take affidavits and affirmations relating thereto, and to administer the proper oaths and affirmations for that purpose, and to for allowances. do all or any act or acts respecting such claims which the commissioners thorized to examine claims themselves are authorized to do. [Section 19 is repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66).] SCHEDULES. [SCHEDULE A. is repealed by the Statute Law Revision Act, 1875.] SCHEDULE (B.) CONTAINING the STAMP DUTIES granted by this Act. For every policy of sea insurance for time In respect of every full sum of one hundred pounds and in Where the insurance shall be made for any time not ex- Where the insurance shall be made for any time exceeding 8. d. 0 3 0 3 06 But if the separate and distinct interests of two or more persons shall be insured by one policy for a voyage or for time, then the duty of threepence or the duty of threepence or sixpence, as the case may require, shall be charged thereon in respect of every full sum of one hundred pounds and every fractional part of one hundred pounds thereby insured upon any separate or distinct interest (b). [SCHEDULE C. is repealed by the Statute Law Revision Act, 1875.] Session and Chapter. 35 Geo. 3, c. 63 An Act for granting to his Ma- The whole act. 39 & 40 Geo. 3, c. 72. An Act to amend several Laws relating to the Duties on Sections 8, 9, 10, 11, and 12. An Act for enabling the Com- The whole act. The whole act, except S.G. £ Delivered the day of 186 No. Be it known that Form of Policy. as well in own name, as for and in the name and names of all and every other person whereof or whosoever upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat and other furniture, of and in the good ship or vessel called the is master, under God for this present voyage, else shall go for master in the said ship, or by whatsoever other name or names the same ship, or the master thereof, is or shall be named or called, beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship upon the said ship, &c., and shall so continue and endure, during her abode there, upon the said ship, &c.; and further, until the said ship, with all her ordnance, tackle, apparel, &c., and goods and merchandises whatsoever, shall be arrived at upon the said ship, &c., until she hath moored at anchor twentyfour hours in good safety, and upon the goods and merchandises until the same be there discharged and safely landed; and it shall be lawful for the said ship, &c., in this voyage to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insur ance. The said ship, &c., goods and merchandises, &c., for so much as concerns the assured, by agreement between the assured and assurers in this policy, are and shall be valued at Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage, they are, of the seas, men-ofwar, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barretry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof; and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandizes and ship, &c., or any part thereof, without prejudice to this insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured. And it is agreed by us, the insurers, that the writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And so we the assurers are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods, to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured at and after the rate of In witness whereof, we the assurers have subscribed our names and sums assured in N.B.-Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded; sugar, tobacco, hemp, flax, hides, and skins are warranted free from average under five pounds per cent.; and all other goods, also the ship and freight, are warranted free from average under three pounds per cent., unless general, or the ship be stranded. Short title. 26 & 27 Vict. 30 & 31 VICT. c. 45. An Act to extend and amend the Vice Admiralty Courts Act, 1863. BE it enacted by the Queen's most excellent Majesty, by and with the 1. This act may be cited for all purposes as "The Vice Admiralty Courts Act Amendment Act, 1867." 2. This act shall be read as one act with the Vice Admiralty Courts Act, 1863. 3. In the interpretation and for the purposes of this act (if not inconsistent with the context or subject-matter) the following terms shall have the respective meanings hereinafter assigned to them; that is to say, "Judge" shall mean the person lawfully appointed by the Admiralty to be judge of any Vice Admiralty Court, or, in default of such appointment the chief justice or principal judicial officer, or the person for the time being lawfully authorized to act as the chief justice or principal judicial officer in the British possession in which such Court is established: "Judicial powers" shall mean all powers and authorities which may be lawfully exercised by, and all duties by law imposed upon, any such judge in the trial, hearing, or progress of any cause: "Ministerial powers" shall mean all powers and authorities which may 4. On the governor of any British possession, who is also vice admiral Tenure of thereof, vacating the office of governor of such possession, the office of office of vice vice admiral of the same possession shall thereupon be deemed to be also admiral. vacant within the meaning of the third section of the Vice Admiralty Courts Act, 1863. 5. The judge of any Vice Admiralty Court may from time to time, with Judge may the approval in writing of the governor of the British possession in which appoint deputy the court is established, appoint one or more deputy judge or judges to judges. assist or represent him in the execution of his judicial powers. 6. It shall be lawful for any such deputy judge to exercise all the Judicial judicial powers of the judge; and all acts done by such deputy judge powers of shall be as valid and effectual, to all intents and purposes, as if they had deputy judges. been done by the judge; and all orders or decrees made by such deputy judge shall be subject to the same right of appeal in all respects as if they had been made by the judge. 7. Any deputy judge may sit at the principal seat of government or Deputy judges elsewhere in the possession at the same time that the judge or any other may sit deputy judge is sitting, and either at the same or at any other place in separately. such possession, and whether the judge is or is not at that time within the possession. 8. The judge may, if he thinks fit, require any such deputy judge or Judge may sit judges to sit with him in the same Court, and in such case the decision of with deputy the majority, or, if they are equally divided in opinion, the decision of the judges. judge, shall be the decision of the Court; and such decision shall be subject to the same right of appeal in all respects as if it had been made by the judge alone. 9. The judge may direct at what place and time any such deputy judge Judge to regushall sit, and what causes shall be heard before him, and generally make late the prosuch arrangements as to him shall seem proper as to the division and ceedings. despatch of the business of the Court. 10. The judge may, if he thinks fit, with the approval in writing of the Tenure of governor, at any time revoke the appointment of any such deputy judge office of deputy or judges, but the appointment shall not be determined by the occurrence judges. of a vacancy in the office of the judge. Judge may 11. The judge may, if he thinks fit, from time to time delegate all or delegate any of his ministerial powers to any such deputy judge or judges. ministerial powers. 12. The judge may from time to time, if he thinks fit, appoint any competent persons to act respectively as deputy registrars and deputy marshals of the Court, and may, if he thinks fit, at any time revoke any such appointment, but the appointment shall not be determined by the marshals. occurrence of a vacancy in the office of the judge. 13. Notwithstanding anything contained in this act, it shall be lawful Admiralty may for the Admiralty, if they think fit, at any time to revoke the appointment revoke apof any deputy judge, deputy registrar, or deputy marshal appointed under pointments. this act. 14. Any deputy judge, deputy registrar, or deputy marshal, appointed Deputies to under this act, shall be entitled to the same fees in respect of any duty receive fees. performed by him as would be lawfully payable to the judge, registrar, or marshal respectively for the performance of the same duty. 15. All persons entitled to practise as advocates, barristers-at-law, proctors, attorneys-at-law, or solicitors in the superior courts of a British possession, shall be entitled to practise in the same respective capacities in the Vice Admiralty Court or Courts of such possession, and shall have therein all the rights and privileges respectively belonging to advocates, barristers-at-law, proctors, attorneys-at-law, and solicitors, and shall in like manner be subject to the authority of the person for the time being lawfully exercising the office of judge of such Court. 16. It shall be lawful for her Majesty to empower the admiralty, by commission under the great seal, to establish one or more Vice Admiralty Courts in any British possession, notwithstanding that such possession may have previously acquired independent legislative powers; and the jurisdiction and authority of all the existing Vice Admiralty Courts are hereby declared to be confirmed, to all intents and purposes, notwithstanding that the possession in which any such Court has been established may at the time of its establishment have been in possession of legislative powers. 17. The Vice Admiralty Courts Act, 1863, shall, together with this act, apply to any Vice Admiralty Court now established or hereafter to be established in the Straits Settlements (d). 18. The limitation of the time allowed for appeals contained in the twenty-third section of the Vice Admiralty Courts Act, 1863, shall be held to apply to all decrees or orders pronounced in any Vice Admiralty Court now established or hereafter to be established in any of her Majesty's possessions in India. The practice and procedure of the Court of Admiralty in Ireland is regulated by the 30 & 31 Vict. c. 114, "An Act to extend the Jurisdiction, alter and amend the Procedure and Practice, and to regulate the establishment of the Court of Admiralty in Ireland" (e). 30 & 31 VICT. c. 124. An Act to amend the Merchant Shipping Act, 1854. [20th August, 1867.] BE it 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: 1. This act may be cited as "The Merchant Shipping Act, 1867," and shall be construed with and as part of the Merchant Shipping Act, 1854, hereinafter termed the principal act. 2. This act shall come into operation on the first day of January one thousand eight hundred and sixty-eight, but shall not apply to any ship which belongs to the United Kingdom and is absent therefrom at the time when this act comes into operation until such ship has returned to the United Kingdom (f). 3. The two hundred and twenty-fourth, two hundred and twenty-seventh, and two hundred and thirty-first sections of the principal act are hereby repealed (f). (d) See the Court of Judicature (Prince of Wales Island) Act, 1855 (18 & 19 Vict. c. 93), s. 4, and the Straits Settlement Act, 1866 (29 & 30 Vict. c. 115), s. 4. (e) See also the 39 & 40 Vict. c. 28, and the 40 & 41 Vict. c. 57, s. 9. (f) This section is repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66). |