Merchant Shipping Amendment Act 1855
| Jurisdiction | UK Non-devolved |
| Citation | 1855 c. 91 |
| Year | 1855 |
(18 & 19 Vict.) C A P. XCI.
[14th August 1855]
'WHEREAS it is expedient to make Provision for facilitating the Erection and Maintenance of Lighthouses in theBritish Possessions abroad, and otherwise to amend the Merchant Shipping Act, 1854:' 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:
I Short Title.
I. This Act may be cited as ‘TheMerchant Shipping Act Amendment Act, 1855,’ and shall be taken to be Part of the Merchant Shipping Act, 1854, and shall be construed accordingly.
II Her Majesty may by Order in Council fix Dues for Colonial Lighthouses.
II. In any Casein which any Lighthouse, Buoy, or Beacon has been or is hereafter erected or placed on or near the Coasts of anyBritish Possession, by or with the Consent of the Legislative Authority of such Possession, Her Majesty may, by Order in Council, fix such Dues in respect thereof, to be paid by the Owner or Master of every Ship which passes the same or derives Benefit therefrom, as Her Majesty may deem reasonable, and may in like Manner from Time to Time increase, diminish, or repeal such Dues, and from the Time specified in such Order for the Commencement of the Dues thereby fixed, increased, or diminished the same shall be leviable throughout Her Majesty's Dominions in manner herein-after mentioned.
III No such Dues to be levied in any Colony without Consent of Colonial Legislature.
III. No such Dues as aforesaid shall be levied in any Colony unless and until the Legislative Authority in such Colony has, either by Address to the Crown, or by an Act or Ordinance duly passed, signified its Opinion that the same ought to be levied in such Colony.
IV Mode of collecting the said Dues.
IV. The said Dues shall in the United Kingdom be collected by the same Persons by whom, and by the same Means, in the same Manner, and subject to the same Conditions, so far as Circumstances permit, by, in, and subject to which the Light Dues leviable under the Merchant Shipping Act, 1854, are collected, and shall in eachBritish Possession abroad be collected by such Persons as the Governor of such Possession abroad may appoint for the Purpose, and shall be collected by the same Means, in the same Manner, and subject to the same Conditions, so far as Circumstances permit, by, in, and subject to which the Light Dues leviable under the Merchant Shipping Act, 1854, are paid and collected, or by such other Means, in such other Manner, and subject to such other Conditions as the Legislative Authority in such Possession may direct.
V Dues to be paid over to Her Majesty's Paymaster General.
V. All Dues levied under this Act shall be paid over to Her Majesty's Paymaster General at such Times and in such Manner as the Board of Trade may direct, and shall be applied, paid, and dealt with by him, for the Purposes herein-after mentioned, in such Manner as such Board may direct.
VI Dues to be applied to Expenses of Lighthouse, &c. for which they are levied.
VI. The Dues levied under the Authority of this Act in respect of any such Lighthouse, Buoy, or Beacon as aforesaid shall, after deducting any Expenses incurred in collecting the same, be applied for the Purpose of paying the Expenses incurred in erecting and maintaining such Lighthouse, Buoy, or Beacon, and for no other Purpose whatever.
VII Power to borrow Money on Security of Dues.
VII. For the Purpose of constructing or repairing any such Lighthouse, Buoy, or Beacon as aforesaid, the Board of Trade may raise, upon the Security of the Dues to be levied in respect thereof, such Sums of Money as they may deem fit; and the Commissioners of Her Majesty's Treasury, out of any Monies which may be provided by Parliament, the Public Works Loan Commissioners, or any other Person or Body of Persons, may advance the same accordingly, such Advances to be made in the same Manner, with the same Powers, and subject to the same Provisions, so far as Circumstances permit, in, with, and subject to which, under the Merchant Shipping Act, 1854, Advances may be made upon the Security of the Mercantile Marine Fund for the Construction and Repair of Lighthouses in the United Kingdom.
VIII Accounts for each Lighthouse, &c. to be kept, and laid before Parliament, and to be audited.
VIII. Accounts shall be kept of all Sums expended in the Construction, Repair, or Maintenance of every Lighthouse, Buoy, or Beacon in theBritish Possessions abroad for which Dues are levied under the Authority of this Act, and of the Dues received in respect thereof, in such Manner as the Board of Trade may direct, and shall be laid before Parliament annually; and the said Accounts shall be audited in such Manner as Her Majesty may by Order in Council direct.
IX Part II. of Merchant Shipping Act, 1854. Penalty on false Declarations under Part II. of Merchant Shipping Act.
IX. Any Person who, in any Declaration made in the Presence of or produced to any Registrarof Shipping, in pursuance of the Second Part of the Merchant Shipping Act, 1854, or in any Documents or other Evidence produced to such Registrar, wilfully makes, or assists in making or procures to be made, any false Statement concerning the Title to or the Ownership of or the Interests existing in any Ship, or any Share or Shares in any Ship, or who utters, produces, or makes use of any Declaration or Document containing any such false Statement, knowing the same to be false, shall be guilty of a Misdemeanor.
X Shares in Shipping within the Trustee Act, 1850.
X. Shares in Ships registered under the said Merchant Shipping Act, 1854, shall be deem to be included in the Word ‘Stock,’ as defined by the Trustee Act, 1850, and the Provisions of such last-mentioned Act shall be applicable to such Shares accordingly.
XI Forms of Instruments.
XI. In any Case in which any Bill of Sale, Mortgage, or other...
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