Steam Navigation Act 1851
| Jurisdiction | UK Non-devolved |
| Citation | 1851 c. 79,14 & 15 Vict. c. 79 |
| Year | 1851 |
(14 & 15 Vict.) C A P. LXXIX.
[7th August 1851]
'WHEREAS it is expedient to consolidate and amend the Laws relating to the Regulation of Steam Navigation, and to the Boats and Lights to be carried by Sea-going Vessels:' 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,
I & 10 Vict. c. 100. and 11 & 12 Vict. c. 81. repealed from the Time this Act comes into operation, except, &c.
I. That an Act passed in the Tenth Year of the Reign of Her present Majesty, intituledAn Act for the Regulation of Steam Navigation, and for requiring Sea-going Vessels to carry Boats , and another Act passed in the Twelfth Year of the Reign of Her present Majesty, intituled An Act for the further Regulation of Steam Navigation, and for limiting in certain Cases the Number of Passengers to be conveyed in Steam Vessels , shall be repealed from the Time that this Act comes into operation as hereinafter provided, except as to any Penalties incurred thereunder, and also except as to any Certificates of the Sufficiency of Steam Vessels issued thereunder by the Lords of the Committee of Privy Council for Trade, which Certificates, unless the same be cancelled or revoked under the Provisions of this Act, shall remain and be in force as if this Act had been passed and had come into operation before the issuing thereof, and they had been issued thereunder.
II Naval Department of Board of Trade to assist in the Execution of this Act.
II. And be it enacted, That the Persons from Time to Time appointed to assist the Lords of the said Committee in the Execution of the Mercantile Marine Act, 1850, and who are herein-after referred to as the Naval Department of the Board of Trade, shall assist the Lords of the said Committee in the Execution of this Act.
And with respect to the Provision to be made for ensuring the periodical Survey of Steam Vessels, be it enacted as follows:
III Steam Vessels to be surveyed, and Owners to transmit Declarations to Board of Trade twice a Year.
III. The Owner of every Steam Vessel constructed or intended to carry Passengers (except Vessels which fall within the Definition of Foreign-going Ships contained in the Mercantile Marine Act, 1850, and are employed in the Conveyance of the Royal Public Mails or Despatches under Contract with and under the Superintendence of the Lord High Admiral or the Commissioners for executing the Office of Lord High Admiral,) shall cause such Steam Vessel to be surveyed twice at least in every Year, at the Times herein-after directed, by a Shipwright Surveyor and by an Engineer Surveyor appointed for the Purposes of this Act by the Lords of the said Committee, such Shipwright Surveyor in the Case of an Iron Steam Vessel being a Person properly qualified to survey Iron Steam Vessels, and shall obtain a Declaration of the Sufficiency and good Condition of the Hull of such Steamer, and of the Boats and other Equipments thereof, required by this Act, and also, if the Lords of the said Committee so require, a Statement of the Number of Passengers (whether Deck Passengers or other Passengers) which such Vessel is constructed to carry, under the Hand of such Shipwright Surveyor, and a Declaration of the Sufficiency and good Condition of the Machinery of such Steamer under the Hand of such Engineer Surveyor, and in such Declarations it shall be distinguished whether such Vessel is in Construction and Equipments adapted for Sea Service as well as for River or Lake Service, or for River or Lake Service only; and when any such Vessel is adapted for Lake and River Service only, such Declaration shall state the local Limits within which such Vessel is in the Judgment of the Surveyor adapted for plying; and in the Case of Sea-going Vessels the Declaration of One of the Surveyors shall contain a Statement that he is satisfied that the Compasses have been properly examined and adjusted; and such Owner shall transmit such Declarations to the Lords of the said Committee within Fourteen Days after the Dates thereof respectively.
IV Times appointed for the Surveys.
IV. In all Cases where the same may be possible such Surveys shall be made in the Months ofApril and of October and such Declarations shall be transmitted on or before the Thirtieth Day of April and the Thirty-first Day of October respectively, or if the last preceding Survey of any such Steam Vessel were not made in either of those Months, then such Survey shall be made and such Declaration transmitted in the course of the Thirty Days next before the Expiration of Six Months next after the Date of the Certificate granted as herein-after mentioned upon the last preceding Survey; but if the Owner of any such Steam Vessel as aforesaid be unable to have the same surveyed in the Month of April or October , as the Case may be, or in the course of such Thirty Days as aforesaid, either by reason of such Vessel being absent from the United Kingdom during the whole of those Periods respectively, or by reason of such Vessel or the Machinery thereof being under Construction or Repair, or of such Vessel being laid up in Dock, or for any other Reason satisfactory to the Lords of the said Committee, then the Owner of such Steam Vessel shall have the same surveyed as aforesaid as soon thereafter as possible, and shall transmit such Declarations to the Lords of the said Committee, within Fourteen Days after the Date thereof, together with a Statement of the Reasons which have prevented the Survey of such Vessel at the Time herein-before prescribed; and the Owner of every such Steam Vessel in respect of which such Declarations shall not have been transmitted at the Times and in the Manner herein-before directed shall, except in any Case in which the Survey of such Vessel shall have been prevented as herein-before is provided, forfeit and pay the Sum of Ten Shillings for every Day that the sending of such Declarations is delayed, and such Sum shall be paid upon the Issue of the Certificate herein-after mentioned, together with the Fee herein-after mentioned, unless the Lords of the said Committee think fit in any Case to remit such Forfeiture or any Part thereof.
V Survey of Steam Vessels and Number of Passengers.
V. Upon the Receipt of such Declarations the Lords of the said Committee shall register the same, and, if they are satisfied that the Provisions of this Act have been complied with, shall cause to be transmitted to the Master or Owner of the Steam Vessel to which such Declarations refer a Certificate, signed by Oneof the Secretaries to the said Committee, or by some One or more of the Members of the Naval Department of the Board of Trade, or the Secretary to such Department, that the Provisions of the Law with respect to the Transmission of Declarations in respect of such Vessel have been complied with; and such Certificate shall be called a ‘Sea-going Certificate’ where, according to the Declaration of the Surveyor, such Vessel is adapted for Sea Service as well as River or Lake Service; and such Certificate shall be called a ‘River Certificate’ where, according to such Declaration, such Vessel is adapted for River or Lake Service only, and shall set out the local Limits within which such Vessel is to ply; and where any such Vessel is constructed to carry Passengers, and the Lords of the said Committee think fit so to do, in order to prevent the over-crowding of such Vessel with Passengers, they shall insert in such Certificate the Number of Passengers, whether Deck Passengers or other Passengers, which such Vessel is constructed to carry; and the Lords of the said Committee shall from Time to Time transmit Lists of the Vessels in respect of which such Certificates have been issued to the Officers of Customs in all Ports in the United Kingdom, and such Officers shall cause such Lists to be put up in a conspicuous Place in the Custom House at each Port.
VI Board or Trade may cancel Certificates, and require fresh Declarations.
VI. The Lords of the said Committee may revoke and cancel such Certificates in any Case where they have Reason to believe that the Declarations of the Sufficiency and good Condition of the Hull and Machinery of any Vessel, or either of them, have been fraudulently or erroneously made, or that such Certificate has otherwise been issued upon false or erroneous Information, or where they have Reason to believe that since the making of such Declarations the Hull or Machinery of such Vessel has sustained any Injury, or is otherwise insufficient; and in every such Case the Lords of the said Committee may, if they think fit, require the Owner to have the Hull or Machinery of such Vessel again surveyed, and to transmit a further Declaration or Declarations of the Sufficiency and good Condition thereof before re-issuing any Certificate, or granting a fresh one in lieu thereof; and the Lords of the said Committee may at any Time revoke any Certificate, for the Purpose of inserting in any Certificate to be issued in lieu thereof the Number of Passengers which the Vessel to which such Certificate relates is constructed to carry.
VII How long...
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