Merchant Shipping Law Amendment Act 1853
Preliminary
IInterpretation of Terms in this Act.
IIShort Title.
IIICommencement of Act.
Light Dues and other Dues on Shipping
IVThe 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.
VAccount of the said Fund to be kept by Her Majesty's Paymaster General.
VIEstablishments for Lighthouses and Ballastage charged on the Mercantile Marine Fund to be fixed by Her Majesty in Council.
VIIEstimates and Accounts for other Expenses to be approved by the Board of Trade.
VIIINo Expense to be allowed unless sanctioned by Board of Trade.
IXFor the Purpose of erecting and repairing Lighthouses, &c., Treasury may advance Money.
XPower to Board of Trade to borrow Money on the Credit of the Fund.
XIHer Majesty may, by Order in Council, fix Tolls to be taken for new Lighthouses.
XIIProvisions for existing Debts and Charges.
XIIIPower to commute Pensions and grant Superannuation Allowances.
XIVApplication of Ballastage Rates.
XVLight Dues, &c. to be revised by Her Majesty in Council.
XVIFees received by the Board of Trade to be applied only in Payment for Services.
XVIITrinity House, &c. to account for Receipt and Expenditure to the Board of Trade.
XIXAccounts of Mercantile Marine Fund to be audited by Commissioners of Audit.
XXBoard of Trade may appoint Persons to inspect Lighthouses.
XXISection 43 of 6 & 7 W.4, c.79 repealed, and Trinity House, with Sanction of Board of Trade, to make Suggestions and give Directions to the other Lighthouse Boards.
XXIIProperty used for the Purpose of the said Services to be exempt from all Rates and Taxes.
XXIIIProvisions & & 9 Vict. c.19, to apply to Land purchased for Lighthouses.
XXIVDues levied on Ships not to be sold or charged without Consent of the Board of Trade.
Board of Trade Accounts
XXVSections 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 c.102 repealed.
XXVIPenalties under Merchant Seamen's Act to be paid into Exchequer.
XXVIIMode of dealing with Wages, &c. of deceased Seamen.
XXVIIIProperty belonging to Merchant Seamen's Fund to be paid into Exchequer.
XXIXExpenses of Merchant Seamen's Fund to be provided for by annual Vote.
XXXGross Sum to be paid to Seamen's Hospital Society in lieu of annual Payments.
Manning
XXXISo much of 12 & 13 Vict. c.29 as relates to manning, repealed.
XXXIIDeclaration to be made by Transferees of British Ships for the Purpose of proving themselves to be British Subjects.
XXXIIIShips unduly assuming British Character may be seized and brought in for Adjudication.
XXXIVIf the Simulation is proved, the Ship may be condemned.
Volunteering into the Navy
XXXVSo 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.
XXXVIIf 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.
XXXVIIAccountant General to pay Sums so certified.
Desertion
XXXVIIISeamen imprisoned for Desertion or Breach of Discipline may be sent on board before the Termination of the Sentence.
Lascar Seamen for Australia
XLContracts 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.
Salvage
XXXIXNo Claim for Salvage Services to be allowed in respect of Loss or Risk of Her Ma-jesty's Ships or Property.
XLISteps to be taken when Salvage Services have been rendered by Her Majesty's Ships abroad.
XLIIConsular Officer or Judge to fix Amount for which a Bond is to be given ; and to send Notice thereof to the Master.
XLIIIOn Master executing Bond, the Right of Detention to cease.
XLIVProvision for additional Security in' the Case of Ships owned by Persons resident out of Her Majesty's Dominions.
XLVDocuments to be sent to England.
XLVIWhom the Bond shall bind.
XLVIICourt in which it is to be adjudicated on.
XLVIIIPower of High Court of Admiralty to enforce Bonds.
XLIXSaving Clause.
LVoluntary Agreements may be made which shall have the same Effect as the Bonds above mentioned.
LIDocuments free from Duty.
Penal Clauses
LIIPunishment for Forgery and false Representations.
LIIIMode of Procedure in Criminal Cases.
Procedure in Scotland under Merchant Service Acts
LIVAll 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.
LVSummary Proceedings.
LVIPenalties how to be sued for.
Procedure in Scotland
LVIIForm of Complaint, &c.
LVIIIMode of requiring Appearance of Defender and Witnesses.
LIXBacking Arrestments.
LXCompelling Attendance of Witnesses.
LXIProceedings to be viva voce.
LXIIPower to adjourn.
LXIIISentence to be in Writing. Imprisonment to be inflicted in default of Payment.
LXIVSentence, Penalties, &c. in default of Defender's Appearance.
LXVWarrant to apprehend in default of Appearance.
LXVIBacking Sentences or Decrees.
LXVIIOrders not to be quashed for Want of Form; and to be final.
LXVIIIGeneral Rules, so far as applicable, to extend to Penalties and Proceedings in Scotland.
The SCHEDULE referred to in the foregoing Act.

Royal arms

Merchant Shipping Law Amendment Act 1853

1853 CHAPTER 131

An Act to amend various Laws relating to Merchant Shipping.

WHEREAS it is expedient to amend various Laws relating to Merchant Shipping :

Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :