Merchant Shipping Act Amendment Act 1862

JurisdictionUK Non-devolved
Citation1862 c. 63
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Quinto & Vicesimo Sexto. An Act to amend ‘The Merchant Shipping Act, 1854,’‘The Merchant Shipping Act Amendment Act, 1855,’ and ‘The Customs Consolidation Act, 1853.’

(25 & 26 Vict.) C A P. LXIII.

[29th July 1862]

'WHEREAS it is expedient further to amend ‘ The Merchant Shipping Act, 1854,’‘ The Merchant Shipping Act Amendment Act, 1855,’ and ‘ The Customs Consolidation Act, 1853’:' 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:

S-1 Short Title.

1 Short Title.

1. This Act may be cited as ‘TheMerchant Shipping Act Amendment Act, 1862,’ and shall be construed with and as Part of ‘The Merchant Shipping Act, 1854,’ herein-after termed the Principal Act.

S-2 Enactments in Table \(A.) repealed.

2 Enactments in Table \(A.) repealed.

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 The Enactments described in Table (A.) in the Schedule to this Act shall be repealed as therein mentioned, except as to any Liabilities incurred before such Repeal.

Registry and Measurement of Tonnage (Part II. of Merchant Shipping Act

Registry and Measurement of Tonnage (Part II. of Merchant Shipping Act

S-3 Equities not excluded by Merchant Shipping Act.

3 Equities not excluded by Merchant Shipping Act.

3. It is hereby declared that the Expression ‘Benefical 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 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 ofBritish 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.

S-4 Tonnage Rates under Local Acts may be levied on the registered Tonnage.

4 Tonnage Rates under Local Acts may be levied on the registered Tonnage.

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

Certificates for Engineers (Part III. of Merchant Shipping Act

S-5 Steam Ships to carry Certificated Engineers.

5 Steam Ships to carry Certificated Engineers.

5. On and after the First Day ofJune 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) (1.) Engineers Certificates shall be of Two Grades, viz., ‘First-class Engineers Certificates,’ and ‘Second-class Engineers Certificates’:

(2) (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 Engineers Certificate,’ and the second possessing a ‘Second-class Engineers Certificate’ or a Certificate of the higher Grade:

(3) (3.) Every Foreign-going Steam Ship of less than One hundred nominal Horse Power shall have as its only or First Engineer an Engineer possessing a ‘Second-class Engineer's Certificate’ or a Certificate of the higher Grade:

(4) (4.) Every Sea-going Home Trade Passenger Steam Ship shall have as its only or First Engineer an Engineer possessing a ‘Second-class Engineer's Certificate’ or a Certificate of the higher Grade:

(5) (5.) Every Person who, having been engaged to serve in any of the above Capacities in any such Steam Ship as aforesaid, goes to Sea in that Capacity without being at the Time entitled to and possessed of such Certificate as is required by this Section, and every Person who employs any Person in any of the above Capacities in such Ship without ascertaining that he is at the Time entitled to and possessed of such Certificate as is required by this Section, shall for each such Offence incur a Penalty not exceeding Fifty Pounds.

S-6 Examinations for Engineers Certificates of Competency.

6 Examinations for Engineers Certificates of Competency.

6. The Board of Trade shall from Time to Time cause Examinations to be held of Persons who may be desirous of obtaining Certificates of Competency as Engineers: For the Purpose of such Examinations the Board of 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.

S-7 Fees to be paid by Applicants for Examination.

7 Fees to be paid by Applicants for Examination.

7. All Applicants for Examination shall pay such Fees, not exceeding the Sums specified in the Table marked (B.) in the Schedule hereto, as the Board of Trade directs; and such Fees shall be paid to such Persons as the said Board appoints for that Purpose, and shall be carried to the Account of the Mercantile Marine Fund.

S-8 Certificates of Competency to be granted to those who pass.

8 Certificates of Competency to be granted to those who pass.

8. The Board of Trade shall deliver to every Applicant who is duly reported to have passed the Examination satisfactorily, and to have given satisfactory Evidence of his Sobriety, Experience, and Ability, a Certificate of Competency, as First-class Engineer or as Second-class Engineer, as the Case may be.

S-9 Engineers Certificates of Service to be delivered on Proof of certain Service.

9 Engineers Certificates of Service to be delivered on Proof of certain Service.

9. Certificates of Service for Engineers, differing in Form from Certificates of Competency, shall be granted as follows; that is to say,

(1) (1.) Every Person who before the First Day of April One thousand eight hundred and sixty-two has served as First Engineer in any Foreign-going Steam Ship of One hundred nominal Horse Power or upwards, 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 Engineers Certificate’ of Service:

(2) (2.) Every Person who before the First Day of April One thousand eight hundred and sixty-two has served as Second Engineer in any Foreign-going 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 Engineers 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.

S-10 Certain Provisions of Merchant Shipping Act to apply to Engineers Certificates.

10 Certain Provisions of Merchant Shipping Act to apply to Engineers Certificates.

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 162d 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.

S-11 Power of Board of Trade and Local Marine Board to investigate Conduct of Certificated Engineers.

11 Power of Board of Trade and Local Marine Board to investigate Conduct of Certificated Engineers.

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 unfit to discharge his Duties, in the same Manner as if in the said Section the Words ‘Certificated Engineer’ had been inserted after ‘Master’ wherever ‘Master’ occurs in such Section.

S-12 Declaration of Engineer Surveyor to contain Statement concerning Engineers Certificate.

12 Declaration of Engineer Surveyor to contain Statement concerning Engineers Certificate.

12. The Declaration required to be given by the Engineer Surveyor under Section 309 of the Principal Act shall, in the Case of a Ship by this Act required to have a Certificated Engineer, contain, in addition to the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT