Merchant Shipping Law Amendment Act 1853

1. Introductory Text

2. Preliminary

   1. I. Interpretation of Terms in this Act.

   2. II. Short Title.

   3. III. Commencement of Act.

3. Light Dues and other Dues on Shipping

   1. IV. The Light Dues payable to the Trinity House, Northern Light Commissioners, and Ballast Board, and the Ballast Rates of the Trinity House, to form the Mercantile Marine Fund.

   2. V. Account of the said Fund to be kept by Her Majesty's Paymaster General.

   3. VI. Establishments for Lighthouses and Ballastage charged on the Mercantile Marine Fund to be fixed by Her Majesty in Council.

   4. VII. Estimates and Accounts for other Expenses to be approved by the Board of Trade.

   5. VIII. No Expense to be allowed unless sanctioned by Board of Trade.

   6. IX. For the Purpose of erecting and repairing Lighthouses, &c., Treasury may advance Money.

   7. X. Power to Board of Trade to borrow Money on the Credit of the Fund.

   8. XI. Her Majesty may, by Order in Council, fix Tolls to be taken for new Lighthouses.

   9. XII. Provisions for existing Debts and Charges.

   10. XIII. Power to commute Pensions and grant Superannuation Allowances.

   11. XIV. Application of Ballastage Rates.

   12. XV. Light Dues, &c. to be revised by Her Majesty in Council.

   13. XVI. Fees received by the Board of Trade to be applied only in Payment for Services.

   14. XVII. Trinity House, &c. to account for Receipt and Expenditure to the Board of Trade.

   15. XIX. Accounts of Mercantile Marine Fund to be audited by Commissioners of Audit.

   16. XX. Board of Trade may appoint Persons to inspect Lighthouses.

   17. XXI. Section 43 of 6 & 7 W.4, c.79 repealed, and Trinity House, with Sanction of Board of Trade, to make Suggestions and give Directions to the other Lighthouse Boards.

   18. XXII. Property used for the Purpose of the said Services to be exempt from all Rates and Taxes.

   19. XXIII. Provisions & & 9 Vict. c.19, to apply to Land purchased for Lighthouses.

   20. XXIV. Dues levied on Ships not to be sold or charged without Consent of the Board of Trade.

4. Board of Trade Accounts

   1. XXV. Sections 18 117 & 118 of 13 & 14 Vict. c. 93, ss.29 & 31 of 14 & 15 Vict. c.96, and ss.27 28 36 51 & 56 of 14 & 15 Vict. c.102 repealed.

   2. XXVI. Penalties under Merchant Seamen's Act to be paid into Exchequer.

   3. XXVII. Mode of dealing with Wages, &c. of deceased Seamen.

   4. XXVIII. Property belonging to Merchant Seamen's Fund to be paid into Exchequer.

   5. XXIX. Expenses of Merchant Seamen's Fund to be provided for by annual Vote.

   6. XXX. Gross Sum to be paid to Seamen's Hospital Society in lieu of annual Payments.

5. Manning

   1. XXXI. So much of 12 & 13 Vict. c.29 as relates to manning, repealed.

   2. XXXII. Declaration to be made by Transferees of British Ships for the Purpose of proving themselves to be British Subjects.

   3. XXXIII. Ships unduly assuming British Character may be seized and brought in for Adjudication.

   4. XXXIV. If the Simulation is proved, the Ship may be condemned.

6. Volunteering into the Navy

   1. XXXV. So much of 7 & 8 Vict. c.112 as to Wages, instead of being paid at once, to be given to the Queen's Officer on account of the Seaman, repealed.

   2. XXXVI. If new Seamen are engaged instead of the original Sea men, the Owner may apply for Repayment of the extra Expense he has been put to. Application to be decided on, and Certificate for Amount given. Costs not exceeding 5l per Man may be given.

   3. XXXVII. Accountant General to pay Sums so certified.

7. Desertion

   1. XXXVIII. Seamen imprisoned for Desertion or Breach of Discipline may be sent on board before the Termination of the Sentence.

8. Lascar Seamen for Australia

   1. XL. Contracts may be made with Natives in India under certain Conditions binding them to go to Australia, and thence to serve in other Ships to the United Kingdom.

9. Salvage

   1. XXXIX. No Claim for Salvage Services to be allowed in respect of Loss or Risk of Her Ma-jesty's Ships or Property.

   2. XLI. Steps to be taken when Salvage Services have been rendered by Her Majesty's Ships abroad.

   3. XLII. Consular Officer or Judge to fix Amount for which a Bond is to be given ; and to send Notice thereof to the Master.

   4. XLIII. On Master executing Bond, the Right of Detention to cease.

   5. XLIV. Provision for additional Security in' the Case of Ships owned by Persons resident out of Her Majesty's Dominions.

   6. XLV. Documents to be sent to England.

   7. XLVI. Whom the Bond shall bind.

   8. XLVII. Court in which it is to be adjudicated on.

   9. XLVIII. Power of High Court of Admiralty to enforce Bonds.

   10. XLIX. Saving Clause.

   11. L. Voluntary Agreements may be made which shall have the same Effect as the Bonds above mentioned.

   12. LI. Documents free from Duty.

10. Penal Clauses

    1. LII. Punishment for Forgery and false Representations.

    2. LIII. Mode of Procedure in Criminal Cases.

11. Procedure in Scotland under Merchant Service Acts

    1. LIV. All Offences under 7 & 8 Vict. c.112, 8 & 9 Vict. c.116, 13 & 14 Vict. c.93 14 & 15 Vict. c.96, 14 & 15 Vict. c.79 14 & 15 Vict. c.103 punishable as Misdemeanors.

    2. LV. Summary Proceedings.

    3. LVI. Penalties how to be sued for.

12. Procedure in Scotland

    1. LVII. Form of Complaint, &c.

    2. LVIII. Mode of requiring Appearance of Defender and Witnesses.

    3. LIX. Backing Arrestments.

    4. LX. Compelling Attendance of Witnesses.

    5. LXI. Proceedings to be viva voce.

    6. LXII. Power to adjourn.

    7. LXIII. Sentence to be in Writing. Imprisonment to be inflicted in default of Payment.

    8. LXIV. Sentence, Penalties, &c. in default of Defender's Appearance.

    9. LXV. Warrant to apprehend in default of Appearance.

    10. LXVI. Backing Sentences or Decrees.

    11. LXVII. Orders not to be quashed for Want of Form; and to be final.

    12. LXVIII. General Rules, so far as applicable, to extend to Penalties and Proceedings in Scotland.

13. 1. The SCHEDULE referred to in the foregoing Act.