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MERCHANT SHIPPING REPEAL ACT 1854
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CHAPTER CXX.
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An Act to repeal certain Acts and Parts of Acts relating to Merchant Shipping, and to continue certain Provisions in the said Acts. [11th August 1854.]
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[Preamble recites 17 & 18 Vict. c. 104.]
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Preliminary.
Short title of Act.
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1. This Act may be cited for all purposes as “The Merchant Shipping Repeal Act, 1854.”
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Interpretation of terms in this Act.
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2. In the construction and for the purposes of this Act the interpretation of terms contained in the Merchant Shipping Act, 1854, shall be considered as incorporated with and forming part of this Act.
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[Ss. 3, 4 rep. 55 & 56 Vict. c. 19. (S.L.R.) S. 5 rep. 38 & 39 Vict. c. 66 (S.L.R.) S. 6 is local and personal.]
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Expenses of life boats, &c. may be charged on Mercantile Marine Fund.
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7. The Board of Trade may, out of the Mercantile Marine Fund, direct payment to be made of such expenses for establishing and maintaining on the coasts of the United Kingdom proper life boats, with the necessary crews and equipments, and for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for the granting rewards for the preservation of life in such cases, as it thinks fit; . . .
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Existing liabilities on Mercantile Marine Fund continued.
17 & 18 Vict. c. 104.
16 & 17 Vict. c 131.
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8. Nothing in the [1]
Merchant Shipping Act, 1854, or in this Act contained shall operate to prevent the exercise of the powers contained in the twelfth and sixteenth sections of the Merchant Shipping Law Amendment Act, 1853, of paying the debts, liabilities, and expenses therein mentioned out of the Mercantile Marine Fund: . . .
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[S. 9 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Receiver General of droits of Admiralty to conform to directions of Board of Trade.
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10. The Receiver General of droits of Admiralty shall, as to all things to be done by him in virtue of his office, conform to all lawful directions given for that purpose by the Board of Trade; and on a vacancy occurring in his office no successor shall be appointed, but thereupon all powers and privileges vested in such Receiver General shall be transferred to the Board of Trade; . . .
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Powers of Board of Trade as to receivers appointed by such Receiver General, and serjeants of Admiralty of Cinque Ports, &c.
9 & 10 Vict. c. 99.
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11. Receivers appointed by the said Receiver General under [2]
the Act of the tenth year of the reign of her present Majesty, chapter ninety-nine, shall hold their offices only during the pleasure of the Board of Trade; and the serjeants of the Admiralty of the Cinque Ports, their deputies or other officers authorized to perform the duties and to exercise the powers within the jurisdiction of the Cinque Ports elsewhere performed and exercised by such receivers as aforesaid, shall perform and exercise the same only during the pleasure and subject to the directions of the Board of Trade; and all such receivers, serjeants, deputies, and other officers as aforesaid shall possess in the several districts within which they have hitherto exercised their duties the same powers, rights, and privileges, and perform the same duties, as are by the [1]
Merchant Shipping Act, 1854, vested in and committed to the receivers therein mentioned, save only that they shall not be entitled to take the command in cases of ships or boats stranded or in distress, unless authorized so to do by the Board of Trade.
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Payment of such receivers, &c.
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12. There shall be payable to such receivers, serjeants, deputies, and other officers as aforesaid such fees and other remuneration as are by the [1]
Merchant Shipping Act, 1854, made payable to receivers appointed thereunder, and payment thereof shall be made by the same persons and in the same manner, and shall be capable of being enforced by the same means, as payment of the fees or other remuneration payable to the receivers appointed under the [1]
Merchant Shipping Act, 1854, are payable or capable of being enforced, or as near thereto as circumstances permit; and, save as aforesaid, and saving also any expenses actually and properly incurred, no such receiver, serjeant, deputy, or other officer as aforesaid shall be entitled to demand or receive from any person any fees or other sums in respect of any services performed by him as receiver; . . .
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Application of fees.
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13. All fees or other remuneration received by any such receiver, serjeant, deputy, or other officer as aforesaid may be applied by him to his own use.
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[S. 14 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Mode of procedure in criminal cases.
14 & 15 Vict. c. 102.
16 & 17 Vict. c. 129.
16 & 17 Vict. c. 131.
17 & 18 Vict. c. 104.
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15. All criminal proceedings under the Seamen's Fund Winding-up Act, 1851, the Pilotage Law Amendment Act, 1853, the Merchant Shipping Law Amendment Act, 1853, or this Act, shall be carried on in the same manner as similar proceedings under the [1]
Merchant Shipping Act, 1854; and all rules of law, practice, and evidence which are applicable to such last-mentioned proceedings shall be applicable to criminal proceedings under this Act.
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[S. 16 rep. 57 & 58 Vict. c. 60. s 745.]
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[Sched. rep. 55 & 56 Vict. c. 19. (S.L.R.)]
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[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 745 of which repeals the Merchant Shipping Act, 1854.]
[2 9 & 10 Vict. c. 99. was rep. by s. 4 of this Act.]
[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 745 of which repeals the Merchant Shipping Act, 1854.]
[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 745 of which repeals the Merchant Shipping Act, 1854.]
[1 Short title, “The Common Law Procedure Act, 1854.” See s. 106.]
[1 Short title, “The Common Law Procedure Act, 1854.” See s. 106.] |
