Merchant Shipping Act 1854
|1854 c. 104
(17 & 18 Vict.) C A P. CIV.
[10th August 1854]
'WHEREAS it is expedient to amend and consolidate the 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:
1 Short Title of Act.
This Act may be cited for all Purposes as ‘The Merchant Shipping Act, 1854.’
2 Interpretation of certain Terms in this Act:
In the Construction and for the Purposes of this Act (if not inconsistent with the Context or Subject Matter) the following Terms shall have the respective Meanings herein-after assigned to them; that is to say,
‘Her Majesty's Dominions’ shall mean Her Majesty's Dominions strictly so called, and all Territories under the Government of theEast 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 meanGreat Britain and Ireland :
‘British Possession’ shall mean any Colony, Plantation, Island, Territory, or Settlement within Her Majesty's Dominions, and not within the ‘United Kingdom:’
‘The Treasury’ shall mean the Commissioners of Her Majesty'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 Matters relating to Trade and Foreign Plantations:
‘TheTrinity House’ shall 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 Strond :
‘The Port ofDublin Corporation’ shall mean the Corporation 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 respect 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) haying Command or Charge of any Ship:
‘Seaman’ shall include every Person (except Masters, Pilots, and Apprentices duly indentured and registered,) employed 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, the Islands ofGuernsey, 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 trading or going within the following Limits; that is to say, the United Kingdom, the Islands ofGuernsey, 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’ 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 Derelict found in or on the Shores of the Sea or any tidal Water.
3 Commencement of Act.
This Act shall come into operation on the First Day of May One thousand eight hundred and fifty-five.
4 Exemption of Her Majesty's Ships.
This Act shall not, except as herein-after specially provided, apply to Ships belonging to Her Majesty.
5 Division of Act.
This Act shall be divided into Eleven Parts:—
The First Part relating to the Board of Trade: its general 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.
THE BOARD OF TRADE: ITS GENERAL FUNCTIONS.
6 Board of Trade to be Department to superintend Merchant Shipping.
The Board of Trade shall be the Department to undertake the general Superintendence of Matters relating to Merchant Ships and Seamen, and shall be authorized to carry into execution the Provisions of this Act, and of all other Acts relating to Merchant Ships and Seamen in force for the Time being, other than such Acts as relate to the Revenue.
7 Certificates and Documents purporting to be sealed or signed in a given Manner to be received in Evidence.
All Documents whatever purporting to be issued or written by or under the Direction of the Board of Trade, and purporting either to be sealed with the Seal of such Board, or to be signed by One of the Secretaries or Assistant Secretaries to such Board, shall be received in Evidence, and shall be deemed to be issued or written by or under the Direction of the said Board, without further Proof, unless the contrary be shown; and all Documents purporting to be Certificates issued by the Board of Trade in pursuance of this 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.
8 Board of Trade to issue Forms of Instruments.
The Board of Trade may from Time to Time prepare and sanction Forms of the various Books, Instruments, and Papers 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 scaled with such Seal as aforesaid, or marked with some other distinguishing Mark, and to be supplied at the Custom Houses and Shipping Offices 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.
9 Certain Forms and Instruments to be exempt from Stamp Duty.
All Instruments used in carrying into effect the Second Part of this Act, if not already exempted from Stamp Duty, and all Instruments which by the Third, Fourth, Sixth, or Seventh 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.
10 Penalties for Forgery of Seal and fraudulent Alteration of Forms, and for not using Forms issued by Board of Trade.
Every Person who forges, assists in forging, or procures to be forged, such Seal or other distinguishing Mark as aforesaid, or who fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any Form issued by the Board of Trade, with the view of evading any of the Provisions of this Act or any Condition contained in such Form, shall for each Offence be deemed guilty of a Misdemeanor; and every Person who, in any Case in which a Form sanctioned by the Board of Trade is, by the Third Part of this Act required to be used, uses...
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