"THE MERCHANT SHIPPING ACT, 1854." 17 & 18 Vict. c. 104. **The Roman Numerals in the margin of the Sections are references to the Statutes in the Appendix of Abbott on Merchant Ships and Seamen, 9th Edition. ARRANGEMENT OF CLAUSES. PRELIMINARY. Preamble. 1. Short Title of Act. 2. Interpretation of certain Terms in this Act. 3. Commencement of Act. 4. Exemption of Her Majesty's Ships. 5. Division of Act. PART I. THE BOARD OF TRADE: ITS GENERAL FUNCTIONS. 6. Board of Trade to be Department to superintend Merchant Shipping. 7. Certificates and Documents purporting to be sealed or signed in a given Manner. 8. Board of Trade to issue Forms of Instruments. 9. Certain Forms and Instruments to be exempt from Stamp Duty. 10. Penalties for Forgery of Seal and fraudulent Alteration of Forms; and for not using Forms issued by the Board. 11. Application of Monies and Fines paid to Board of Trade. 12. Returns to Board of Trade. 13. Officers of Board of Trade, Naval Officers, Consuls, the Registrar General of Seamen, Officers of Customs, and Shipping Masters may inspect Documents and muster Crews. 14. Board of Trade may appoint Inspectors. 15. Powers of Inspectors: Witnesses to be allowed Expenses: Penalty for refusing to give Evidence. 16. Penalty for obstructing Inspectors in the Execution of their Duty. B PART II. BRITISH SHIPS-THEIR OWNERSHIP, MEASUREMENT AND 17. Application of Part II. of Act. REGISTRY. Application. Description and Ownership of British Ships. 18. Description and Ownership of British Ships. 19. British Ships, with certain Exceptions, must be registered. Measurement of Tonnage. 20. Tonnage Deck; Feet; Decimals. 21. Rule I. For Ships to be registered, and other Ships of which the Hold is clear. 22. Rule II. For Ships not requiring Registry or with Cargo on board. 23. Allowance for Engine Room in Steamers. To be rateable in ordinary Steamers. May be measured where the Space is unusually large or small. Mode of Measurement. 24. Open Ships, how measured. 25. Tonnage and Number of Certificate to be carved on Main Beam. 26. Tonnage, when once ascertained, to be ever after deemed the Tonnage. 27. Re-measurement of Ships already registered may be made, but not to be compulsory. 28. Power to re-measure Engine Rooms improperly extended. 29. Officers may be appointed and Regulations made for Measurement of Ships. 30. Registrars of British Ships. Registry of British Ships. 31. Substitution of Governor abroad for Commissioners of Custom, and of Consuls for Justice. 32. Registrar to keep Register Books. 33. Port of Registry of British Ship. 34. Name of Ship. 35. Application for Registry, by whom to be made. 36. Survey of Ship. 37. Rules as to Entries in Register Book. 38. Declaration of Ownership by individual Owner. 39. Declaration of Ownership by Body Corporate. 40. Evidence to be produced on Registry. 41. Penalty on Builder for false Certificate. 42. Particulars of Entry in Register Book. 43. No Notice taken of Trusts. Certificate of Registry. 44. Certificate of Registry to be granted. 45. Change of Owners to be endorsed on Certificate of Registry. 46. Change of Master to be endorsed on Certificate of Registry. 47. Power to grant new Certificate. 48. Provision in case of Loss, &c. of Certificate. 49. Provisional Certificate, when to be delivered up. 50. Custody of Certificate; Delivery of Certificate may be required; Penalty for Deten tion. 51. Mode of proceeding if detaining Party abscond. 52. Penalty for using improper Certificate. 53. Certificate of Ship lost or ceasing to be British to be delivered up. 54. Provisional Certificate for Ship becoming vested in British Owners at Foreign Port. Transfers and Transmissions. 55. Transfer of Ships or Shares therein. 56. Declaration to be made by Transferree. 57. Registration of Transfer. 58. Transmission of Shares by Death, Bankruptcy, or Marriage. 59. Proof of Transmission by Bankruptcy, Marriage, Will, or on Intestacy. 60. Registration of transmitted Share. 61. Registrar to retain certain Evidence. 62. Unqualified Owner entitled by Transmission may apply to Court for Sale of Ship. 63. Order to be made by Court. 64. Limit of Time for Application. 65. Power of Courts to prohibit Transfers. Mortgages. 66. Mortgage of Ships and Shares therein. 67. Mortgages to be registered in Order of Time of Production. 68. Entry of Discharge of Mortgage. 69. Priority of Mortgages. 70. Mortgagee not to be deemed Owner. 71. Mortgagee to have Power of Sale. 72. Rights of Mortgagee not affected by any Act of Bankruptcy of Mortgagor. 73. Transfer of Mortgages. 74. Transmission of Interest of Mortgagee by Death, Bankruptcy, or Marriage. 75. Entry of transmitted Mortgage. Certificates of Mortgage and Sale. 76. Powers of Mortgage and Sale may be conferred by Certificate. 77. Requisites for Certificates of Mortgage and Sale. 78. Restrictions on Certificates of Mortgage and Sale. 79. Forms of Certificates of Mortgage and Sale. 80. Rules as to Certificates of Mortgage. 81. Rules as to Certificates of Sale. 82. Power of Commissioners of Customs in case of Loss of Certificate of Mortgage or Sale. 83. Revocation of Certificates of Mortgage and Sale. Registry anew and Transfer of Registry. 84. Alteration in Ship to be registered. 85. On Alteration Registry anew may be required. 86. Grant of Provisional Certificate in respect of Alteration. 87. Consequence of Omission to register anew. 88. On Change of Owners, Registry anew may be granted, if required. 89. Registry may be transferred from Port to Port. 90. Manner of Transfer of Registry. 91. Transfer of Registry not to affect Rights of Owners. Registry, Miscellaneous. 92. Inspection of Register Books. 93. Indemnity to Registrar. 94. Return to be made by Registrars to Commissioners of Customs. 95. Application of Fees. 96. Commissioners of Customs to provide, and, with Consent of Board of Trade, may alter Forms and issue Instructions. 97. Power to Registrar to dispense with Declarations and other Evidence. 98. Power for Commissioners or Governor in special Cases to grant a Pass to a Ship not registered. 99. Provision for Cases of Infancy or other Incapacity. 102. National Character of Ship to be declared before Clearance. 103. Penalties: for unduly assuming a British Character: for Concealment of British or Assumption of Foreign Character : for false Declaration of Ownership. 104. Officer not liable for any Seizure made on reasonable Grounds. 105. Penalty for carrying improper Colours. 106. Effect of Declaration in the Act that a Ship shall not be recognized as a British Ship. Evidence. 107. Copies of Registers and Declarations to be admissible in Evidence, and to be primâ facie Proof of certain Things. Saving Clause. 108. Saving of 3 & 4 Vict. c. 56. relating to East Indian Ships. 110. Constitution of Local Marine Boards. 111. Qualification of Voters for Members of Local Marine Boards. 112. List of such Voters to be made. 113. Revision of List of Voters. 114. Registers to be produced. 115. Expenses to be paid by Board of Trade. 116. Persons on revised Lists qualified to vote. 117. Qualification of Members of Local Marine Boards. 118. Error in Elections not to vitiate Acts done. 119. Minutes and Business of Local Marine Boards. 120. If any Local Marine Board fails to discharge its Duties, Board of Trade may assume its Duties, or direct a new Election. 121. Board of Trade, on Complaint, may alter Arrangements made by Local Marine Boards. Shipping Offices. 122. Local Marine Boards to establish Shipping Offices. 123. Board of Trade to have partial Control over Shipping Offices. 124. Business of such Offices generally. 125. Fees to be paid upon Engagements and Discharges. 126. Masters to pay Fees and to deduct Part from Wages; Proviso as to Excess. 127. Penalty on Shipping Masters' taking other Remuneration. 128. Business of Shipping Offices may be transacted at Custom Houses. 129. In London Sailors Homes may be Shipping Offices. 130. Dispensation with Shipping Master's Superintendence. Examinations and Certificates of Masters and Mates. 131. Examinations to be instituted for Masters and Mates. 132. Powers of Board of Trade over Examinations. 133. Fees to be paid by Applicants for Examination. 134. Certificates of Competency to be granted to those who pass. 135. Certificates of Service to be delivered to Persons who served as Masters or Mates before 1851, and to certain Naval Officers; and Certificates of Service for Home Trade Passenger Ships to be delivered to Persons who have served as Masters or Mates in such Ships before the 1st January, 1854. 136. No Foreign-going Ship or Home Trade Passenger Ship to proceed to Sea without Certificates of the Master and Mates. 137. Certificates for Foreign-going Ships available for Home Trade Passenger Ships. 138. The Registrar to record Grants, Cancellations, &c. of Certificates; Duplicates and Entries to be Evidence. 139. In case of Loss a Copy to be granted. 140. Penalties for false Representations; for forging or altering or fraudulently using or lending any Certificate. Apprenticeships to the Sea Service. 141. Shipping Masters to assist in binding Apprentices, and may receive Fees. 142. Indentures of Boys bound Apprentices to Sea Service by Guardians or Overseers to be witnessed by Two Justices. 143. Indentures of Apprenticeship to be exempt from Stamp Duty, and recorded. 144. Rules to govern Apprenticeship of Paupers in Great Britain and Ireland, respectively. 145. Apprentices and their Indentures to be brought before Shipping Master before each Voyage in a Foreign-going Ship. Engagement of Seamen. 146. Board of Trade may license Persons to procure Seamen. 147. Penalties: for supplying Seamen without License; for employing unlicensed Persons; for receiving Seamen illegally supplied. 148. Penalty for receiving Remuneration from Seamen for shipping them. 149. Agreements to be made with Seamen, containing certain Particulars; Proviso as to Forms for Colonial Ships. 150. For Foreign-going Ships such Agreements, when made in the United Kingdom, except in special Cases, to be made before and attested by a Shipping Master; to be in Duplicate; Provision for Substitutes. 151. Foreign-going Ships making short Voyages may have running Agreements. 152. Engagement and Discharge of Seamen in the meantime. 153. Duplicates of running Agreements how to be dealt with. 154. Fees to be paid on such running Agreements. 155. In Home Trade Ships Agreement to be entered into before a Shipping Master or other Witness. 156. Special Agreements for Home Trade Ships belonging to same Owners. 157. Penalty for shipping Seamen without Agreement duly executed. 158. Changes in Crew to be reported. 159. Seamen engaged in the Colonies to be shipped before some Shipping Master or Officer of Customs. 160. Seamen engaged in Foreign Ports to be shipped with the Sanction and in the Presence of the Consul. 161. Rules as to Production of Agreements and Certificates of Masters and Mates of Foreign-going Ships. 162. Rules as to Production of Agreements and Certificates for Home Trade Ships. 163. Alterations to be void unless attested to have been made with the Consent of all Parties. 164. Penalty for falsifying Agreement. 165. Seamen not to be bound to produce any Agreement. 166. Copy of Agreement to be made accessible to Crew. 167. Seamen discharged before Voyage to have Compensation. Allotment of Wages. 168. Regulations as to Allotment Notes. 169. Allotment Notes may be sued on summarily by certain Persons and under certain Conditions. Discharge and Payment of Wages. 170. Discharge from Foreign-going Ships to be made before Shipping Master. 171. Master to deliver Account of Wages. 172. On Discharge, Masters to give Seamen Certificates of Discharge, and return Certificates of Competency or Service to Mates. 173. Shipping Master may decide Questions which Parties refer to him. 174. Master and others to produce Papers to Shipping Masters, and give Evidence. 175. Settlement of Wages: Release to be signed before and attested by the Shipping Master; To be Discharged; And to be Evidence; And no other Receipt to be a Discharge. Voucher to be given to Master, and to be Evidence. 176. Master to make Reports of Character. Remittance of Wages, and Savings Banks for Seamen, 177. Facilities may be given for remitting Seamen's Wages. |