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Merchant Shipping (Purt II. Registry.)
And in order that the above Provisions as to Forfeitures may be carried into effect it shall be lawful for any Commissioned Ollicer on Full Pay in the Military or Naval Service of Her Majesty, or any British Officer of Customs, or any British Consular Officer, to seize and detain any Ship which has, either wholly or as to any Share therein, becoine subject to Forfeiture as aforesaid, and to bring her for Adjudication before the High Court of Admiralty in England or Ireland, or any Court having Admiralty Jurisdiction in Her Majesty's Dominions; and such Court may thereupon make such Order in the Case as it may think fit, and may award to the Officer bringing in the same for Adjudication such Portion of the Proceeds of the Sale of any forfeited Ship or Share as it may think right.
Seizure made on reasonable
CIV. No such Officer as aforesaid shall be responsible, either Officer not civilly or criminally, to any Person whomsoever, in respect of liable for any the Seizure or Detention of any Ship that has been seized or detained by him in pursuance of the Provisions herein con- Grounds. tained, notwithstanding that such Ship is not brought in for Adjudication, or, if so brought in, is declared not to be liable to Forfeiture, if it is shown to the Satisfaction of the Judge or Court before whom any Trial relating to such Ship or such Seizure or Detention is held that there were reasonable Grounds for such Seizure or Detention; but if no such Grounds are shown, such Judge or Court may award Payment of Costs and Damages to any Party aggrieved, and make such other Order in the Premises as it thinks just.
CV. If any Colours usually worn by Her Majesty's Ships, or Penalty for any Colours resembling those of Her Majesty, or any distinctive carrying National Colours, except the Red Ensign usually worn by Mer- Colours. improper chant Ships, or except the Union Jack with a White Border, or if the Pendant usually carried by Her Majesty's Ships or any Pendant in anywise resembling snch Pendant, are or is hoisted on board any Ship or Boat belonging to any Subject of Her Majesty without Warrant for so doing from Her Majesty or from the Admiralty, the Master of such Ship or Bost, or the Owner thereof, if on board the same, and every other Person hoisting or joining or assisting in hoisting the same, shall for every such Oilence incur a Penaity not exceeding Five hundred Pour is ; and it shall be lawful for any Officer on Fidl Pay in the Milmy or Naval Service of Her Majesty, or any Brilian Officer of the Customs, or any British Consular Oliver, to board any such Ship or Boat, and to take away any such Jack, Colours, or Pendant; and such Jack, Colours, or Pendant shall be forfeited to Her Majesty.
CVI. Whenever it is declared by this Act that a Ship belong- Effect of Deing to any Person or Body Corporate qualified according to claration in
Merchant Shipping (Part II. Registry.)
this Act to be Owners of British Ships shall not be recognized as a British Ship, such Ship shall not be entitled to any Benefits, Privileges, Advantages, or Protection usually enjoyed by British Ships, and shall not be entitled to use the British Flag or assume the British National Character; but, so far as regards the Payment of Dues, the Liability to Pains and Penalties, and the Punishment of Offences committed on board such Ship or by any Persons belonging to her, such Ship shall be dealt with in the same Manner in all respects as if she were a recognized British Ship.
CVII. Every Register of or Declaration made in pursuance of the Second Part of this Act in respect of any British Ship may be proved in any Court of Justice, or before any Person having by Law or by Consent of Parties Authority to receive Evidence, either by the Production of the Original or by an examined. Copy thereof, or by a Copy thereof purporting to be certified under the Hand of the Registrar or other Person having the Charge of the Original; which certified Copies he is hereby required to furnish to any Person applying at a reasonable Time for the same, upon Payment of One Shilling for each such certified Copy; and every such Register or Copy of a Register, and also every Certificate of Registry of any British Ship, purporting to be signed by the Registrar or other proper Officer, shall be received in Evidence in any Court of Justice or before any Person having by Law or by Consent of Parties Authority to receive Evidence as prima facie Proof of all the Matters contained or recited in such Register when the Register or such Copy is produced, and of all the Matters contained in or indorsed on such Certificate of Registry, and purporting to be authenticated by the Signature of a Registrar, when such Certificate is produced.
CVIII. Nothing in this Act contained shall repeal or affect an Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of Her present Majesty, Chapter Fifty-six, intituled, An Act further to regulate the Trade of Ships built and trading within the Limits of the East India Company's Charter.
Merchant Shipping (Part III. Masters and Seamen.)
MASTERS AND SEAMEN.
CIX. The various Provisions of the Third Part of this Act Application of shall have the following Applications, unless the Context or Part III. of Subject Matter requires a different Application; (that is to Act. say,)
So much of the Third Part of this Act as relates to the Delivery Returns for or Transmission of Lists of Crews to the Registrar General certain Ships of Seamen shall apply to all Fishing Vessels belonging to belonging to the United Kingdom, whether employed exclusively on Kingdom. the Coasts of the United Kingdom, or not; to all Ships belonging to the Trinity House, or the Commissioners of Northern Lighthouses, constituted as herein-after mentioned, or the Port of Dublin Corporation, and to all Pleasure Yachts, and to the Owners, Masters, and Crews of such Ships:
So much of the Third Part of this Act as relates to the De- Returns and livery and Transmission of Lists of Crews, and to the Wages of deWages and Effects of deceased Seamen and Apprentices, men in certain shall apply to all Sea-going British Ships, wherever regis- ColonialShips. tered, of which the Crews are discharged, or whose final Port of Destination is in the United Kingdom, and to the Owners, Masters, and Crews of such Ships:
Men in the
So much of the Third Part of this Act as relates to the Ship- Shipping and ping and Discharge of Seamen in the United Kingdom discharging shall apply to all Sea-going British Ships, wherever regis- United Kingtered, and to the Owners, Masters, and Crews of such dom. Ships:
So much of the Third Part of this Act as relates to Seamen Volunteering volunteering into the Royal Navy shall apply to all Sea- into the Navy. going British Ships, wherever registered, and to the Owners, Masters, and Crews of such Ships, wherever the same may be :
So much of the Third Part of this Act as relates to Rights to Provisions apWages and Remedies for the Recovery thereof; to the plicable to Shipping and Discharge of Seamen in Foreign Ports; to Colonial Ships. leaving Seamen abroad, and to the Relief of Seamen in Distress in Foreign Ports; to the Provisions, Health, and
As to whole of Part III. of Act.
And the whole of the Third Part of this Act shall apply to
all Sea-going Ships registered in the United Kingdom, (except such as are exclusively employed in fishing on the Coasts of the United Kingdom, and such as belong to the Trinity House, the Commissioners of Northern Lighthouses, or the Port of Dublin Corporation, and also except Pleasure Yachts,) and also to all Ships registered in any British Possession and employed in trading or going between any Place in the United Kingdom and any Place or Places not situate in the Possession in which such Ships are registered, and to the Owners, Masters, and Crews of such Ships respectively, wherever the same may be.
Local Marine Boards.
CX. There shall be Local Marine Boards for carrying into of Local a effect the Provisions of this Act under the Superintendence of
the Board of Trade at those Seaports of the United Kingdom at which Local Marine Boards have heretofore been established, and at such other Places as the Board of Trade appoints for this Purpose; and each of such Local Marine Boards shall be constituted as follows; (that is to say,) the Mayor or Provost and the Stipendiary Magistrate or such of the Mayors or Provosts and Stipendiary Magistrates of the Place (if more than One) as the Board of Trade appoints shall be a Member or Membersex officio ; the Board of Trade shall appoint Foar Members from Peisons residing or having Places of Business at the Port or within Seven Miles thereof; and the Owners of Foreign-going Ships and of Home Trade Passenger Ships registered at the Port shall elect Six Members; and such Elections as aforesaid shall take place on the Twenty-fifth Day of January One thousand eight hundred and fifty-seven, and on the Twenty-th Day of January in every Third succeeding Year, and such Appointments as aforesaid shall take place within One Month after such Elections; and upon the Conclusion of such Month and the Constitution of a new Board the Functions of the then existing Board shall cease, and the Board consisting of the Members then newly elected and appointed shall take its Place; and any occasional Vacancy caused in the intervals between the General Elections and Appointments, by Death, Resignation, Disqualification, or otherwise, shall be filled up within One Month
Merchant Shipping (Part III. Masters and Seamen.)
Accommodation of Seamen; to the Power of Seamen to make Complaints; to the Protection of Seamen from Imposition; to Discipline; to Naval Courts on the High Seas and abroad; and to Crines committed abroad; shall apply to all Ships registered in any of Her Majesty's Dominions abroad, when such Ships are out of the Jurisdiction of their respective Governments, and to the Owners, Masters, and Crews of such Ships:
Merchant Shipping (Part III. Masters and Seamen.)
after it occurs; and every Person elected or appointed on an occasional Vacancy shall continue a Member until the next Constitution of a new Board; and the Mayor or Provost shall fix the Place and-Mode of conducting all such Elections as aforesaid, and also on occasional Vacancies the Day of Election, and shall give at least Ten Days Notice thereof; and the Board of Trade shall have Power to decide any Questions raised concerning any such Elections.
CXI. Owners of Foreign-going Ships and of Home Trade Pas- Qualification senger Ships registered at any Seaport at which there is a Local of Voters for Marine Board shall have Voies at the Election of Members of Members of such Board as follows; (that is to say,) every registered Owner Boards. of not less than Two hundred and fifty Tons in the whole of such Shipping shall at every Election have One Vote for each Member for every Two hundred and fifty Tons owned by him, so that his Votes for any One Member do not exceed Ten: And for the Purpose of ascertaining the Qualification of such Electors the following Rules shall be observed; (that is to say,) in the Case of a Ship registered in the Name of One Person, such Person shall be deemed to be the Owner, and in the Case of a Ship registered in distinet and several Shares in the Names of more Persons than One, the Tonnage shali be apportioned among the Owners as nearly as may be in proportion to their respective Shares, and each of such Persons shall be deemed to be the Owner of the Tonnage so apportioned to him; and in the Case of a Ship or Shares of a Ship registered jointly without Severance of Interest in the Names of more Persons than One, the Tonnage shall, if it is suflicient, either alone or together with other Tonnage (if any) owned by such joint Owners, to give a Qualification to each of them, be apportioned equally between the joint Owners, and each of such joint Owners shall be deemed to be the Owner of the equal Share so apportioned to him, but if it is not so sufficient, the whole of such Tonnage shall be deemed to be owned by such One of the joint Owners resident or having a Place of Business at the Port or within Seven Miles thereof as is ûrst named on the Register; and in making any such Apportionment as aforesaid any Portion may be struck off so as to obtain a divisible Amount; and the whole Amount of Tonnage so owned by each Person, whether in Ships or Shares of or interests in Ships, shall be added together, and, if sufficient, shall constitute his Qualification.
CXII. The Collector or Comptroller of Customs in every Sea- Lists of such port of the United Kingdom at which there is a Local Marine Voters to be Board shall, with the Assistance of the Registrar General of made. Seamen, on or before the Twenty-fifth Day of December in the Year One thousand eight hundred and fifty-six, and in every Third succeeding Year, make out an alphabetical List of the