Preliminary.

Short Title of

Act.

Interpretation
of certain

Terms in this
Act;

Commons, in this present Parliament assembled, and by the
Authority of the same, as follows:

Preliminary.

I. This Act may be cited for all Purposes as "The Merchant Shipping Act, 1854."

II. In the Construction and for the Purposes of this Act (if not inconsistent with the Context or Subject Matter) the following Terms shall have the respective Meanings herein-after assigned to them; that is to say,

"Her Majesty's Dominions" shall mean Her Majesty's
Dominions strictly so called, and all Territories under the
Government of the East India Company, and all other
Territories (if any) governed by any Charter or Licence
from the Crown or Parliament of the United Kingdom:
"The United Kingdom" shall mean Great Britain and
Ireland:

"British Possession" shall mean any Colony, Plantation,

Island, Territory, or Settlement within Her Majesty's
Dominions, and not within the "United Kingdom:"
"The Treasury" shall mean the Commissioners of Her
Majesty's Treasury:

"The Admiralty" shall mean the Lord High Admiral or the
Commissioners for executing his Office:

"The Board of Trade" shall mean the Lords of the Committee of Privy Council appointed for the Consideration of Matters relating to Trade and Foreign Plantations:

"The Trinity House" shall mean the Master, Wardens, and Assistants of the Guild, Fraternity, or Brotherhood of the Most Glorious and Undivided Trinity and of St. Clement in the Parish of Deptford Strond in the County of Kent, commonly called the Corporation of the Trinity House of Deptford Strond:

"The Port of Dublin Corporation" shall mean the Corporation for preserving and improving the Port of Dublin:

"Consular Officer" shall include Consul General, Consul, and Vice Consul, and any Person for the Time being discharging the Duties of Consul General, Consul, or Vice Consul:

"Receiver" shall mean any Person appointed in pursuance of this Act Receiver of Wreck:

"Pilotage Authority" shall include all Bodies and Persons authorized to appoint or license Pilots, or to fix or alter Rates of Pilotage, or to exercise any Jurisdiction in respect of Pilotage:

"Pilot" shall mean any Person not belonging to a Ship who has the Conduct thereof:

66

Qualified Pilot" shall mean any Person duly licensed by any Pilotage Authority to conduct Ships to which he does not belong :

"Master"

"Master" shall include every Person (except a Pilot) having Preliminary. Command or Charge of any Ship:

"Seaman" shall include every Person (except Masters, Pilots, and Apprentices duly indentured and registered,) employed or engaged in any Capacity on board any Ship:

"Salvor" shall, in the Case of Salvage Services rendered by the Officers or Crew or Part of the Crew of any Ship belonging to Her Majesty, mean the Person in command of such Ship:

"Person" shall include Body Corporate:

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Ship" shall include every Description of Vessel used in
Navigation not propelled by Oars:

Foreign-going Ship" shall include every Ship employed in
trading or going between some Place or Places in the
United Kingdom and some Place or Places situate beyond
the following Limits; that is to say, the Coasts of the
United Kingdom, the Islands of Guernsey, Jersey, Sark,
Alderney, and Man, and the Continent of Europe between
the River Elbe and Brest inclusive:

"Home-trade Ship" shall include every Ship employed in
trading or going within the following Limits; that is to
say, the United Kingdom, the Islands of Guernsey, Jersey,
Sark, Alderney, and Man, and the Continent of Europe
between the River Elbe and Brest inclusive:

"Home-trade Passenger Ship" shall mean every Home-trade
Ship employed in carrying Passengers:

"Lighthouses" shall, in addition to the ordinary Meaning of
the Word, include Floating and other Lights exhibited for
the Guidance of Ships, and "Buoys and Beacons” shall
include all other Marks and Signs of the Sea:
"Wreck" shall include Jetsam, Flotsam, Lagan, and Derelict

found in or on the Shores of the Sea or any Tidal Water.

III. This Act shall come into operation on the First Day of Commence

May One thousand eight hundred and fifty-five.

ment of Act.

IV. This Act shall not, except as herein-after specially pro- Exemption of vided, apply to Ships belonging to Her Majesty.

V. This Act shall be divided into Eleven Parts:

Her Majesty's
Ships.

Division of

The First Part relating to The Board of Trade: its Act.
General Functions:

The Second Part to British Ships: their Ownership,
Measurement, and Registry:

The Third Part to Masters and Seamen:

The Fourth Part to Safety and Prevention of Accidents:

The Fifth Part to Pilotage:

The Sixth Part to Lighthouses:

The Seventh Part to the Mercantile Marine Fund:

The Eighth Part to Wrecks, Casualties, and Salvage:
The Ninth Part to Liability of Shipowners:

The Tenth Part to Legal Procedure:

The Eleventh Part to Miscellaneous Matters.

PART I.

Functions of
Board of
Trade.

Board of Trade

to be Depart

ment to superintend Mer

PART I.

THE BOARD OF TRADE: ITS GENERAL

FUNCTIONS.

VI. The Board of Trade shall be the Department to undertake the general Superintendence of Matters relating to Merchant chant Shipping Ships and Seamen, and shall be authorized to carry into

Certificates and Documents purporting to be sealed or signed in a given Manner

to be received in Evidence.

Board of Trade

of Instru

ments.

execution the Provisions of this Act, and of all other Acts relating to Merchant Ships and Seamen in force for the Time being, other than such Acts as relate to the Revenue.

VII. All Documents whatever purporting to be issued or written by or under the Direction of the Board of Trade, and purporting either to be sealed with the Seal of such Board, or to be signed by One of the Secretaries or Assistant Secretaries to such Board, shall be received in Evidence, and shall be deemed to be issued or written by or under the Direction of the said Board, without further Proof, unless the contrary be shown; and all Documents purporting to be Certificates issued by the Board of Trade in pursuance of this Act, and to be sealed with the Seal of such Board, or to be signed by One of the Officers of the Marine Department of such Board, shall be received in Evidence, and shall be deemed to be such Certificates, without further Proof, unless the contrary be shown.

VIII. The Board of Trade may from Time to Time prepare to issue Forms and sanction Forms of the various Books, Instruments, and Papers required by this Act other than those required by the Second Part thereof, and may from Time to Time make such Alterations therein as it deems requisite; and shall, before finally issuing or altering any such Form, give such public Notice thereof as it deems necessary in order to prevent Inconvenience; and shall cause every such Form to be sealed with such Seal as aforesaid, or marked with some other distinguishing Mark, and to be supplied at the Custom House and Shipping Offices of the United Kingdom free of Charge, or at such moderate Prices as it may from Time to Time fix, or may license any Person to print and sell the same; and every such Book, Instrument, and Paper as aforesaid shall be made in the Form issued by the Board of Trade, and sanctioned by it as the proper Form for the Time being; and no such Book, Instrument, or Paper as aforesaid, unless made in such Form, shall be admissible in Evidence in any Civil Proceeding on the Part of any Owner or Master of any Ship; and every such Book, Instrument, or Paper, if made in a Form purporting to be a proper Form, and to be sealed or marked as aforesaid, shall be taken to be made in the Form hereby required, unless the contrary is proved.

Certain Forms and Instruments to be exempt from

IX. All Instruments used in carrying into effect the Second Part of this Act, if not already exempted from Stamp Duty, and all Instruments which by the Third, Fourth, Sixth, or Stamp Duty. Seventh Parts of this Act are required to be made in Forms sanctioned by the Board of Trade, if made in such Forms, and

all

all Instruments used by or under the Direction of the Board
of Trade in carrying such Parts of this Act into effect, shall be
exempt from Stamp Duty.

Functions of
Board of
Trade.

Seal and

not using

X. Every Person who forges, assists in forging, or procures Penalties for to be forged, such Seal or other distinguishing Mark as afore- Forgery of said, or who fraudulently alters, assists in fraudulently altering, fraudulent or procures to be fraudulently altered, any Form issued by the Alteration of Board of Trade, with the view of evading any of the Provisions Forms, and for of this Act or any Condition contained in such Form, shall for Forms issued each Offence be deemed guilty of a Misdemeanor; and every by Board of Person who, in any Case in which a Form sanctioned by the Trade. Board of Trade is, by the Third Part of this Act required to be used, uses without reasonable Excuse any Form not purporting to be so sanctioned, or who prints, sells, or uses any Document purporting to be a Form so sanctioned knowing the same not to be so sanctioned for the Time being or not to have been prepared and issued by the Board of Trade, shall for each such Offence incur a Penalty not exceeding Ten Pounds.

XI. Subject to the Provisions herein-after contained, all Fees and Payments, (other than Fines) coming to the Hands of the Board of Trade under the Third and Fourth Parts of this Act, shall be carried to the Account of the Mercantile Marine Fund herein-after mentioned, and shall be dealt with as herein prescribed in that Behalf; and all Fines coming to the Hands of the Board of Trade under this Act shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom.

Application of
Monies and
Fines paid to
Board of
Trade.

Trade.

XII. All Consular. Officers, and all Officers of Customs Returns to abroad, and all Local Marine Boards and Shipping Masters, Board of shall make and send to the Board of Trade such Returns or Reports on any Matter relating to British Merchant Shipping or Seamen as such Board requires; and all Shipping Masters shall, whenever required by the Board of Trade, produce to such Board or to its Officers all Official Log Books and other Documents which, in pursuance of this Act, are delivered to them.

Naval Officers,

General of

XIII. Every Officer of the Board of Trade, and every Com- Officers of missioned Officer of any of Her Majesty's Ships on Full Pay, Board of Trade, and every British Consular Officer, and the Registrar General Consuls, the of Seamen and his Assistant, and every Chief Officer of Cus- Registrar toms in any Place in Her Majesty's Dominions, and every gene Shipping Master, may, in Cases where he has Reason to suspect Officers of that the Provisions of this Act or the Laws for the Time being Customs and relating to Merchant Seamen and to Navigation are not complied Shipping with, exercise the following Powers; (that is to say,)

Seamen,

Masters, may inspect DocuHe may require the Owner, Master, or any of the Crew of ments and any British Ship to produce any Official Log Books or muster Crews. other Documents relating to such Crew or any Member thereof in their respective Possession or Control:

He

He may require any such Master to produce a List of all
Persons on board his Ship, and take Copies of such Official
Log Books, or Documents, or of any Part thereof:
He may muster the Crew of any such Ship:

He may summon the Master to appear and give any Explan-
ation concerning such Ship or her Crew or the said Official
Log Books or Documents:

And if upon Requisition duly made by any Person so authorized in that Behalf as aforesaid, any Person refuses or neglects to produce any such Official Log Book or Document as he is herein-before required to produce, or to allow the same to be inspected or copied as aforesaid, or impedes any such Muster of a Crew as aforesaid, or refuses or neglects to give any Explanation which he is herein-before required to give, or knowingly misleads or deceives any Person herein-before authorized to demand any such Explanation, he shall for each such Offence incur a Penalty not exceeding Twenty Pounds.

XIV. The Board of Trade may from Time to Time, whenever it seems expedient to them so to do, appoint any Person, as an Inspector, to report to them upon the following Matters; (that is to say,)

(1.) Upon the Nature and Causes of any Accident or Damage which any Ship has sustained or caused, or is alleged to have sustained or caused:

(2.) Whether the Provisions of this Act, or any Regulations made under or by virtue of this Act, have been complied with:

(3.) Whether the Hull and Machinery of any Steam Ship are sufficient and in good Condition.

XV. Every such Inspector as aforesaid shall have the following Powers; (that is to say,)

(1.) He may go on board any Ship, and may inspect the same
or any Part thereof, or any of the Machinery, Boats,
Equipments, or Articles on board thereof to which the
Provisions of this Act apply, not unnecessarily detaining
or delaying her from proceeding on any Voyage:
(2.) He may enter and inspect any Premises the Entry or
Inspection of which appears to him to be requisite for the
Purpose of the Report which he is directed to make:
(3.) He may, by Summons under his Hand, require the
Attendance of all such Persons as he thinks fit to call before
him and examine for such Purpose, and may require Answers
or Returns to any Inquiries he thinks fit to make:
(4.) He may require and enforce the Production of all Books,
Papers, or Documents which he considers important for
such Purpose:

(5.) He may administer Oaths, or may, in lieu of requiring
or administering an Oath, require every Person examined
by him to make and subscribe a Declaration of the Truth
of the Statements made by him in his Examination :

And