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General orders

for regulating practice, &c. to be made.

By whom to be made.

If salaries paid by Parliament, fees shall be collected by stamps.

Act not to

abridge power of registrar of High Court of Admiralty.

16. General orders shall be from time to time made under this act for the purposes in this act directed, and for regulating the practice and procedure in the Liverpool district registry, the duties of the registrar and officers thereof, and the fees to be taken therein (i).

17. General orders under this act shall be made by the judge of the High Court of Admiralty of England, subject to the approval of her Majesty's Treasury, in all matters relating to the number of officers of or persons employed in the Liverpool district registry, their salaries or emoluments, and to the scale of fees to be taken at the said registry.

18. If at any time such salaries or emoluments are paid out of moneys provided by Parliament, the Lord Chancellor and the said Commissioners may direct that the fees shall be collected by means of stamps, under the provisions of the Public Offices Fees Act, 1866.

19. Nothing in this act contained shall in any way abridge or lessen the power of the registrar of the High Court of Admiralty in England within the district of the Liverpool registry.

The 33 & 34 Vict. c. 50, entitled "An Act to amend the Shipping Dues Exemption Act, 1867," and relating to the compensation to be paid under that act, it is considered unnecessary to set out.

The 33 & 34 Vict. c. 90, which is entitled "An Act to regulate the conduct of Her Majesty's Subjects during the existence of Hostilities between Foreign States with which Her Majesty is at Peace," it is considered unnecessary to set out.

18 & 19 Vict. c. 119, s. 29.

33 & 34 VICT. c. 95.

An Act to authorise the Carriage of Naval and Military Stores in
Passenger Ships.
[9th August, 1870.]

WHEREAS by section twenty-nine of the Passengers Act, 1855, it is
enacted that "no passenger ship shall clear out or proceed to sea if there
shall be on board as cargo, horses, cattle, gunpowder, vitriol, lucifer
matches, guano, or green hides, nor if there shall be on board
any other
article or number of articles, whether as cargo or ballast, which, by
reason of the nature or quantity or mode of stowage thereof, shall, either
singly or collectively, be deemed by the emigration officer at the port of
clearance likely to endanger the health or lives of the passengers, or the
safety of the ship:"

And whereas it is expedient that any of her Majesty's principal secretaries of state should be empowered to authorise the carriage in passenger ships of naval and military stores whenever requisite for the public service:

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:

(i) See Regulæ Generales, L. R., 3 A. & E. 619; and Rules of the Supreme Court.

1. This act may be cited as "The Passengers Act Amendment Act, Short title. 1870."

2. This act shall be construed as one with the Passengers Act, 1855, (in Construction this act referred to as the principal act,) and the Passengers Act Amend- of act. ment Act, 1863.

3. Any one of her Majesty's principal secretaries of state may, by order Authority by under his hand, authorise the carriage as cargo in any passenger ship, secretary of (subject to such conditions and directions as may be specified in the order) state to carry of naval and military stores for the public service, and such stores may, notwithstanding anything contained in the principal act, be carried accordingly in such passenger ship.

Such order shall be addressed to the emigration officer or person performing the duties of emigration officer at the port of clearance, and shall be by him countersigned, and delivered to the master of the passenger ship to which it refers, and shall be delivered up by the master to the chief officer of customs at the port where the stores are discharged.

The master shall comply with all the conditions and directions specified in the order, and non-compliance therewith shall be deemed non-compliance with the requirements of the said section twenty-nine of the principal

act.

naval and military stores in passenger ships.

34 & 35 VICT. c. 101.

An Act to amend the Law respecting the proving and sale of Chain
Cables and Anchors.
[21st August, 1871.]

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 shall be construed as one with the act of the session of the Act to be contwenty-seventh and twenty-eighth years of the reign of her present strued with Majesty, chapter twenty-seven, intituled "An Act for regulating the 27 & 28 Vict. proving and sale of Chain Cables and Anchors" (in this act referred to c. 27. as the principal act); and that act and this act may be cited as "The Short title. Chain Cable and Anchor Acts, 1864 and 1871," and each of them may be cited as the Chain Cable and Anchor Act of the year in which it was passed.

2. This act shall come into operation on the first day of July one Commencethousand eight hundred and seventy-two, which day is hereinafter re- ment of act. ferred to as the commencement of this act (k).

entitled to test

3. After the commencement of this act the Board of Trade shall not Limitation of grant originally or by way of renewal to any corporation, public body, corporations company, person or persons, except the corporations and public bodies mentioned in the first schedule to this act, or authorised in that behalf as hereinafter mentioned, any licence under the principal act for the testing of chain cables and anchors.

It shall be lawful for her Majesty, by order in council, from time to time to direct that licences may be granted to any public body or corporation other than those mentioned in the said first schedule, and also that

(k) The coming into operation of by the same act the 27 & 28 Vict. c. 27 this act was postponed to January 1, was continued to that date. 1873, by the 35 & 36 Vict. c. 30; and

cables and anchors.

Advances by
Public Works
Loan Commis-

sioners.

Mode of testing chain cables.

Sale of un

proved chain cables and

anchors prohibited.

Public bodies to purchase licensed test

ing machines.

licences may be granted to the public bodies and corporations named in the said schedule in respect of machines other than those specified therein, and also to revoke or alter any order previously made; and so long as any such order remains in force licences may be granted accordingly.

4. The establishment, purchase, or construction of a testing machine by any of the corporations, bodies, or persons authorized to receive a licence under this act shall be a shipping purpose for which the Public Works Loan Commissioners may advance money under the authority and subject to the regulations of the Harbours and Passing Tolls Act, 1861 (7). 5. Where any chain cable is brought to a tester for the purpose of being proved, he shall test every fifteen fathoms of it in the manner following; that is to say,

(1.) He shall select and cut out a piece of three links from every such
fifteen fathoms, and shall test that piece by subjecting it to the
appropriate breaking strain mentioned in the second schedule to
this act (m):
(2.) If the piece so selected fail to withstand such breaking strain he
shall select and cut out another piece of three links from the same
fifteen fathoms, and shall test such piece in like manner:

(3.) If the first or second of such pieces of any fifteen fathoms of cable
withstand the breaking strain, he shall then but not otherwise test
the remaining portion of that fifteen fathoms of cable by subjecting
the same to the tensile strain mentioned in the principal act:
(4.) He shall not stamp a chain cable as proved which has not been
subjected to the breaking and tensile strains in accordance with
the provisions of this section, or has not withstood the same.

6. It shall be lawful for her Majesty from time to time to alter the tensile strain or the breaking strain to which, under the principal act and this act, chain cables and machines are to be subjected by the tester, and to revoke and alter any such order previously made. Before any such alteration is made the Board of Trade shall give six months' notice thereof, by advertisement in the "Gazette" or in such other way as they may think best for making the same known to the parties interested (n).

7. After the commencement of this act a maker of or dealer in chain cables or anchors shall not sell, consign, or contract to sell or consign, nor shall any person purchase or contract to purchase any chain cable whatever, or any anchor exceeding in weight one hundred and sixty-eight pounds, which has not been previously tested and duly stamped in accordance with the provisions of the principal act and this act, unless the same is sold, contracted for, consigned, and purchased as and for old iron.

Every person who acts in contravention of this section shall be liable, on summary conviction before two justices of the peace, or in Scotland before any sheriff or sheriff substitute, to a penalty not exceeding fifty pounds.

Provided that chain cables and anchors tested and stamped before the first day of July one thousand eight hundred and seventy-two may, if accompanied by a certificate issued under section ten of the principal act, continue to be sold until the first day of July one thousand eight hundred and seventy-four, although they may not have been subjected to the breaking strain required by this act.

8. Each of the public bodies and corporations mentioned in the first schedule to this act, before constructing or establishing any new testing machine at any place where a testing machine is in operation under a

(1) See the 24 & 25 Vict. c. 47, s. 3. (m) See the Chain Cables and Anchors Act, 1874 (37 & 38 Vict. c. 51), ss. 6, 7.

(n) This section is repealed by the Chain Cables and Anchors Act, 1874 (37 & 38 Vict. c. 51), s. 6, which substitutes other provisions in lieu thereof.

licence from the Board of Trade shall, if required by the owners of such last-mentioned testing machine, purchase the same from them, and if any difference arises as to the price it shall be determined by a valuer to be appointed by the Board of Trade.

c. 27.

9. After the commencement of this act, the principal act shall be Repeal of part repealed to the extent specified in the third column of the third schedule of 27 & 28 Vict. to this act: Provided that this repeal shall not affect anything done or suffered before the commencement of this act, or any offence or liability incurred before the commencement of this act, or any investigation or legal proceeding in respect of any such thing, offence, or liability.

any

machines.

10. If any person uses or suffers to be used as a duly licensed testing Penalty for machine any testing machine for which no licence is for the time being in using unliforce, or if any person writes out, signs, or delivers or sends to censed testing person any document purporting to be a certificate that any chain cable or anchor has been tested or stamped under the provisions of this act, when such chain cable or anchor has not been so tested or stamped, every such person shall incur a penalty not exceeding one hundred pounds.

11. The principal act as amended by this act shall be perpetual.

Continuance of act.

FIRST SCHEDULE.

CORPORATIONS and PUBLIC BODIES to whom LICENCES to TEST CHAIN
CABLES and ANCHORS may be granted.

The Committee of Lloyd's Register of British and Foreign Shipping for machines at London, Bristol, Tipton, Netherton, Saltney, Monkwearmouth, Sunderland, and Low Walker, or elsewhere.

The Committee of the Liverpool Underwriters Association for machines at Liverpool.

The Mersey Docks and Harbour Board for machines at Liverpool and Birkenhead, or at any other place on the Mersey.

The Tyne Improvement Commissioners for machines at Low Walker, or any other place on the Tyne.

The River Wear Commissioners for machines at Sunderland and Monkwearmouth.

The Clyde Navigation Trust for machines at Glasgow, or at any other place on the Clyde within the jurisdiction of the Trust; the Municipal Corporation of Glasgow for machines at Glasgow.

The Mayor, Aldermen, and Burgesses of Bristol for machines at Bristol. The Undertakers under the Bute Docks Act, 1865, and the Bute Docks Act, 1866, for machines at Cardiff.

The Trustees of the Port and Harbour of Greenock for machines at Greenock.

The Mayor, Aldermen, and Burgesses of Kingston-upon-Hull for machines at Hull.

The Tees Conservancy Commissioners for machines at Stockton and Middlesbrough, or elsewhere upon the Tees.

The Trustees of Swansea Harbour for machines at Swansea.

SECOND SCHEDULE.

The appropriate breaking strain for chain cables shall be as follows (o):

[blocks in formation]

Short title.

Act to be construed with Merchant Shipping Acts. Commencement of act.

Ship's draught of water to be

recorded.

34 & 35 VICT. c. 110.

An Act to amend the Merchant Shipping Acts.

[21st August, 1871.]

WHEREAS it is expedient to amend the Merchant Shipping Acts:

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:

Preliminary.

1. This act may be cited as "The Merchant Shipping Act, 1871."

2. This act shall be construed as one with the Merchant Shipping Act, 1854, and the acts amending the same, and the said acts and this act may be cited collectively as the Merchant Shipping Acts, 1854 to 1871.

3. This act shall come into operation on the first day of January one thousand eight hundred and seventy-two.

Registry (Part II. of Merchant Shipping Act, 1854).

[Section 4 is repealed by the Merchant Shipping Act, 1873, s. 33 (p).] 5. The Board of Trade may, in any case or class of cases in which they think it expedient so to do, direct any person appointed by them for the

(o) See post, "Orders in Council"; the Chain Cables and Anchors Act, 1874 (37 & 38 Vict. c. 51), s. 6; and the notice of January 1, 1875, issued by the Board of Trade under that section,

and set out post, "Forms," No. 44.

(p) For the enactment substituted for this section, see the M. S. Act, 1873, s. 3.

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