SEPT. 22, 1855.] New Statutes effecting Alterations in the Law. Bills of Exchange and Promissory Notes, c. 67, p. 256. Cinque Ports, c. 48, p. 253. Places of Religious Worship Registration, c. 81, p. 276. Friendly Societies, c. 63, pp. 296, 319, 342. Charitable Trusts, 1855, c. 124, p. 358. Criminal Justice, c. 126,-p. 377. 395 Masters and Seamen.-Part III. of Merchant Shipping Act, 1854. Extension of provisions concerning the relief of destitute seamen; 17 & 18 Vict. c. 104, ss. 211, 212, and 213; s. 16. Enactment concerning savings' banks extended to seamen in the Navy; 17 & 18 Vict. c. 104, s. 180; s. 17. Additional powers of Naval Courts; 17 & 18 Vict. c. 104, ss. 260 to 266; s. 18. Wrecks, Casualties, and Salvage.—Part VIII. of Merchant Shipping Act, 1854. In case of wreck of foreign ships, consul general Merchant Shipping Amendment Act, c. 91, to be deemed agent of owner; s. 19. -p. 395. Bills of Lading, c. 111,-p. 398. MERCHANT SHIPPING ACT AMENDMENT. 18 & 19 VICT. c. 91. Short title of Act; 17 & 18 Vict. c. 104; s. 1. Colonial Lighthouses.--Her Majesty may by order in Council fix dues for colonial lighthouses; s. 2. No such dues to be levied in any colony without the consent of the colonial legislature; s. 3. Mode of collecting the said dues; 17 & 18 Vict. c. 104, ss. 399, 400, 401; s. 4. Dues to be paid over to her Majesty's Paymaster-General; s. 5. Dues to be applied to expenses of lighthouses, &c., for which they are levied; s. 6. Power to borrow money on security of dues; 17 & 18 Vict. c. 104, ss. 424, 425, 426; s. 7. Accounts for each lighthouse, &c., to be kept, and laid before Parliament, and to be audited; 17 & 18 Vict. c. 104, s. 428; s. 8. Registry of Ships-Part II. of Merchant Shipping Act, 1854. Penalty on false declarations under Part II. of Merchant Shipping Act; 17 & 18 Vict. c. 104, s. 103; s. 9. Shares in Shipping within the Trustee Act, 1850; 13 & 14 Vict. c. 60; s. 10. Forms of Instruments; 17 & 18 Vict. c. 104, s. 96; s. 11. Delivery of certificate upon transfer of registry; 17 & 18 Vict. c. 104, s. 90; s. 12. Exemption of certain ships from having name painted on stern; 17 & 18 Vict. c. 104, s. 34; s. 13. Remuneration for services by coast guard; 2. In any case in which any lighthouse, buoy, or beacon has been or is hereafter erected or placed on or near the coasts of any British possession, by or with the consent of the legis lative authorities of such possession, her Majesty may, by order in Council, fix such dues in respect thereof, to be paid by the owner or master of every ship which passes the same or Ships measured under Rule II. may be derives benefit therefrom, as her Majesty may measured under Rule I.; 17 & 18 Vict. c. deem reasonable, and may in like manner from time to time increase, diminish, or repeal such 104, ss. 21 and 22; s. 14. General register books in London; 17 & for the commencement of the dues thereby dues, and from the time specified in such order 18 Vict. c. 104, s. 107; s. 15. fixed, increased, or diminished the same shall 396 New Statutes effecting Alterations in the Law. [LEGAL OBSERVER, be leviable throughout her Majesty's dominions the said accounts shall be audited in such in manner hereinafter-mentioned. manner as her Majesty may by Order in Council direct. 3. No such dues as aforesaid shall be levied in any colony unless and until the legislative authority in such colony has, either by address to the Crown, or by an Act or ordinance duly passed, signified its opinion that the same ought to be levied in such colony. Registry of Ships. 9. Any person who, in any declaration made in the presence of or produced to any registrar of shipping, in pursuance of the se or in any documents or other evidence produced to such registrar, wilfully makes, or assists in making or procures to be made, any false statement concerning the title to or the ownership of or to the interests existing in any ship, or any share or shares in any ship, or who utters, produces, or makes use of any declaration or document containing any such false statement, knowing the same to be false, shall be guilty of a misdemeanor. 4. The said dues shall in the United King-cond part of the Merchant Shipping Act, 1854, dom be collected by the same persons by whom, and by the same means, in the same manner, and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the light dues leviable under the Merchant Shipping Act, 1854, are collected, and shall in each British possession abroad be collected by such persons as the governor of such possession abroad may appoint for the purpose, and shall be collected by the same means, in the same manner, and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the light dues leviable under the Merchant Shipping Act, 1854, are paid and collected, or by such other means, in such other manner, and subject to such other conditions as the legislative authority in such possession may direct. 5. All dues levied under this Act shall be paid over to her Majesty's Paymaster-General at such times and in such manner as the Board of Trade may direct, and shall be applied, paid, and dealt with by him, for the purposes hereinafter-mentioned, in such manner as such Board may direct. 6. The dues levied under the authority of this Act in respect of any such lighthouse, buoy, or beacon as aforesaid shall, after deducting any expenses incurred in collecting the same, be applied for the purpose of paying the expenses incurred in erecting and maintaining such lighthouse, buoy, or beacon, and for no other purpose whatever. 7. For the purpose of constructing or repairing any such lighthouse, buoy, or beacon as aforesaid, the Board of Trade may raise, upon the security of the dues to be levied in respect thereof, such sums of money as they may deem fit; and the Commissioners of her Majesty's Treasury, out of any moneys which may be provided by Parliament, the Public Works Loan Commissioners, or any other person or body of persons, may advance the same accordingly, such advances to be made in the same manner, with the same powers, and subject to the same provisions, so far as circumstances permit, in, with, and subject to which, under the Merchant Shipping Act, 1854, advances may be made upon the security of the Mercantile Marine Fund for the Construction and Repair of Lighthouses in the United Kingdom. 8. Accounts shall be kept of all sums expended in the construction, repair, or maintenance of every lighthouse, buoy, or beacon, in the British possessions abroad for which dues are levied under the authority of this Act, and of the dues received in respect thereof, in such manner as the Board of Trade may direct, and shall be laid before Parliament annually; and 10. Shares in ships registered under the said Merchant Shipping Act, 1854, shall be deemed to be included in the word "Stock," as defined by the Trustee Act, 1850, and the provisions of such last-mentioned Act shall be applicable to such shares accordingly. 11. In any case in which any bill of sale, mortgage, or other instrument for the disposal or transfer of any ship or any share or shares therein or of any interest therein is made in any form or contains any particulars other than the form and particulars prescribed and approved for the purpose by or in pursuance of the Merchant Shipping Act, 1854, no registrar shall be required to record the same without the express direction of the Commissioners of her Majesty's Customs. 12. Upon the transfer of the registry of a ship from one port to another, the certificate of registry required by the 90th section of the Merchant Shipping Act, 1854, to be delivered up for that purpose, may be delivered up to the registrar of either of such ports. 13. The Commissioners of Customs may, with the consent of the Board of Trade, exempt any pleasure yacht from the provision contained in the 34th section of the Merchant Shipping Act, 1854, which requires the name of every ship and the port to which she belongs to be painted on her stern. 14. The owner of any ship which is mea sured under Rule II. contained in the 22nd section of the Merchant Shipping Act, 1854, may at any subsequent period apply to the Commissioners of Customs to have the said ship remeasured under Rule I. contained in the 21st section of the same Act, and the said Commissioners may thereupon, and upon payment of such fee not exceeding 7s. 6d. for each transverse section as they may authorise, direct the said ship to be remeasured accordingly, and the number denoting the register tonnage shall be altered accordingly. 15. The copy or transcript of the register of any British ship which is kept by the chief registrar of shipping at the Custom House in London, or by the registrar-general of seamen, under the direction of her Majesty's Commis sioners of Customs or of the Board of Trade, SEPT. 22, 1855.] New Statutes effecting Alterations in the Law. shall have the same effect to all intents and purposes as the original register or which the same is a copy or transcript. Masters and Seamen. 16. The Board of Trade may issue instructions concerning the relief to be administered to distressed seamen and apprentices in pursuance of the 211th and 212th sections of the Merchant Shipping Act, 1854, and may by such instructions determine in what cases and under what circumstances and conditions such relief is to be administered; and all powers of recovering expenses incurred with respect to distressed seamen and apprentices, which by the 213th section of the said Act are given to the Board of Trade, shall extend to all expenses incurred by any foreign government for the purposes aforesaid, and repaid to such government by her Majesty's Government, and shall likewise extend to any expenses incurred by the conveying home such seamen or apprentices in foreign as well as British ships; and all provisions concerning the relief of distressed se men and apprentices, being subjects of her Majesty, which are contained in the said sections of the said Act, and in this section, shall extend to such seamen and apprentices, not being subjects of her Majesty, as are reduced to distress in foreign parts by reason of their having been shipwrecked, discharged, or left behind from any British ship; subject, nevertheless, to such modifications and directions concerning the cases in which relief is to be given to such foreigners, and the country to which they are to be sent, as the Board of Trade may, under the circumstances, think fit to make and issue. 17. The enactment of the Merchant Shipping Act, 1854, relating to savings' banks shall apply to all seamen, and to their wives! and families, whether such seamen belong to the Royal Navy or to the merchant service, or to any other sea service. 1 Wrecks, Casualties, and Salvage. 397 19. Whenever any articles belonging to or forming part of any foreign ship which has been wrecked on or near the coasts of the United Kingdom, or belonging to or forming part of the cargo thereof, are found on or near such coasts, or are brought into any port in the United Kingdom, the consul general of the country to which such ship, or, in the case of cargo, to which the owners of such cargo, may have belonged, or any consular officer of such country authorised in that behalf by any treaty or agreement with such country, shall, in the absence of the owner of such ship or articles, and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of such articles. 20. In cases where services are rendered by officers or men of the coast guard service in watching or protecting shipwrecked property, then, unless it can be shown that such services have been declined by the owner of such property or his agent at the time they were tendered, or that salvage has been claimed and awarded for such services, the owner of the shipwrecked property shall pay in respect of the said services remuneration according to a scale to be fixed by the Board of Trade, so, however, that such scale shall not exceed any scale by which payment to officers and men of the coast guard for extra duties in the ordinary service of the Commissioners of Customs is for the time being regulated; and such remuneration shall be recoverable by the same means and shall be paid to the same persons and accounted for and applied in the same manner as fees received by receivers appointed under the Merchant Shipping Act, 1854. Legal Procedure. 21. If any person, being a British subject, charged with having committed any crime 18. Any Naval Court summoned, under the or offence on board any British ship on the provisions of the Merchant Shipping Act, 1854, high seas or in any foreign port or harbour, to hear any complaint touching the conduct of or if any person, not being a British subject, the Master or any of the crew of any ship, charged with having committed any crime shall, in addition to the powers given to it by or offence on board any British ship on the said Act, have power to try the said Master the high seas, is found within the jurisdicor any of the said crew for any offences against tion of any Court of Justice in her Majesty's the Merchant Shipping Act, 1854, in respect of dominions which would have had cognizance which two justices would, if the case were tried of such crime or offence if committed within in the United Kingdom, have power to convict the limits of its ordinary jurisdiction, such summarily, and by order duly made to indict Court shall have jurisdiction to hear and try the same punishments for such offences which the case as if such crine or offence had been two justices might in the case aforesaid inflict committed within such limits: Provided, that upon summary conviction; provided, that in nothing contained in this section shall be concases where an offender is sentenced to im-strued to alter or interfere with the Act of the prisonment the sentence shall be confirmed in 13 Vict. c. 96. writing by the senior naval or consular officer present at the place where the Court is held, and the place of imprisonment, whether on 22. It shall be the duty of the East India land or on board ship, shall be approved by Company to take charge of and send home or him as a proper place for the purpose, and otherwise provide for all persons, being Lascars copies of all sentences made by any Naval or other natives of the territories under the Court summoned to hear any such complaint government of the said company, who are as aforesaid shall be sent to the commander- found destitute in the United Kingdom; and in-chief or senior naval officer of the station. if any such person is relieved and maintained Miscellaneous. 398 New Statutes effecting Alterations in the Law. [LEGAL OBSERver, by any guardians, overseers, or other persons | be deemed to be for all purposes one of the administering the relief of the poor, such over- crew of the ship; and for every Lascar or seers, guardians, or other persons may, by other person in respect of whom such certifiletter sent through the post or otherwise, give cate is applied for, the person applying for the notice thereof in writing to the secretary of the same shall pay to such officer as aforesaid such Court of Directors of the East India Company, fee as the East India Company may appoint, specifying, so far as is practicable, the following not exceeding 10s. particulars; viz., 1. The name of the person so relieved or 2. The presidency or district or part of the And the said East India Company shall repay 24. Nothing herein contained shall be deemed to repeal or affect any provisions contained in the 25th, 26th, 27th, 28th, 29th, 30th, 31st or 34th sections of the Act of the 4 Geo. 4, c. 80, or in the 16th section of the Act of the 18 Vict. c. 120. BILLS OF LADING. 18 & 19 VICT. c. 111. Rights under bills of lading to vest in consignee or endorsee; s. 1. Not to affect right of stoppage in transitu or claims for freight; s. 2. Bill of lading in hands of consignee, &c., conclusive evidence of the shipment as against Master, &c. Proviso; s. 3. The following are the Title and Sections of the Act: : 23. It shall be lawful for any master or owner of a ship or his agent to enter into An Act to amend the Law relating to Bills of agreements with Lascars or natives of the terriLading. [14th August, 1855.] tories of the East India Company, binding Whereas by the custom of merchants a bill them to proceed to any port or ports in the of lading of goods being transferable by enUnited Kingdom, either as seamen or passen- dorsement the property in the goods may gers, and there to enter into a further agree-thereby pass to the endorsee, but nevertheless ment to serve as seamen in any ship which all rights in respect of the contract contained may happen to be there, and to be bound to in the bill of lading continue in the original any port in the territories of the East India shipper or owner, and it is expedient that such Company; provided that every such origi- rights should pass with the property: And nal agreement shall be made in such form, and whereas it frequently happens that the goods shall contain such provisions, and shall be ex-in respect of which bills of lading purport to ecuted in such manner, and under such con- be signed have not been laden on board, and ditions for securing the return of such Lascars it is proper that such bills of lading in the or natives to their own country, and for other hands of a bona fide holder for value should purposes, as the Governor-General of India in not be questioned by the master or other perCouncil, or the governors of the respective pre- son signing the same on the ground of the sidencies in which the original agreement is goods not having been laden as aforesaid: Be made, in council may direct; and if any Lascar it therefore enacted, as follows: or other person who has bound himself by any 1. Every consignee of goods named in a bill such original agreement is, on arriving in the of lading, and every endorsee of a bill of ladUnited Kingdom, required to enter into a fur-ing to whom the property in the goods therein ther agreement to serve as a seaman in any ship bound to any port in the territories of the East India Company, and if it is certified by some officer appointed for that purpose by the East India Company that such further agreement is a proper agreement in all respects for such Lascar or other person to enter into, and is in accordance with the original agreement, and that the ship to which such further agreement relates is in all respects a proper ship for such Lascar or other person to serve in, and that there is not, in the opinion of such officer, any objection to the full performance of the said original agreement, such Lascar or other person shall be deemed to be engaged under such further agreement, and to serve as a seaman in the ship to which it relates, and shall thereupon mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself. 2. Nothing herein contained shall prejudice or affect any right of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or endorsee by reason or in consequence of his being such consignee or endorsee, or of his receipt of the goods by reason or in consequence of such consignment or endorsement. 3. Every bill of lading in the hands of a consignee or endorsee for valuable considera SEPT. 22, 1855.] New Statutes efficling Alterations in the Law. (399 tion representing goods to have been shipped | Secretaries of State to take proceedings in that on board a vessel shall be conclusive evidence behalf, to summon the parent or step-parent, of such shipment as against the master or other as the case may be, and examine into his or person signing the same, notwithstanding that her ability, and (if on consideration of all the such goods or some part thereof may not have circumstances of the case they think fit) to been so shipped, unless such holder of the bill make an order upon him or her for such of lading shall have had actual notice at the weekly payment, not exceeding 5s. per week, time of receiving the same that the goods had as they shall think reasonable, during the not been in fact laden on board: Provided, whole or any part of the detention of such juthat the master or other person so signing may venile offender in such reformatory school, exonerate himself in respect of such misrepre- such payment to be made at such times as by sentation by showing that it was caused with- such order may be directed to the person so out any default on his part, and wholly by the authorised to take proceedings as aforesaid, or fraud of the shipper, or of the holder, or some to such person as the Secretary of State may person under whom the holder claims. from time to time appoint to receive the same, and by him to be accounted for and paid as the Commissioners of her Majesty's Treasury may direct. C. YOUTHFUL OFFENDERS. 18 & 19 VICT. c. 97. The preamble recites the 17 & 18 Vict. 86. Sects. 5 and 6 of the Act repealed; s. 1. Provision for enforcing contribution by parents to the maintenance of juvenile fenders in reformatory schools; s. 2. Recovery of sums ordered to be paid; s. 3. 3. In case default be made for the space of 14 days in payment of any sum of money which may have become payable by such parent or step-parent under such order, such sum of money shall in every such case be levied upon the goods and chattels of the deoffendant by distress and sale thereof; and if it shall appear to the said justices on confession of defendants or otherwise, or if it shall be returned to the warrant of distress in any such case that no sufficient goods of the party against whom such warrant shall have been issued can be found, it shall be lawful for the justice to whom such return is made, or for any other justice of the peace for the same county, riding, division, liberty, city, borough, or place, by his warrant as aforesaid, to commit the defendant to the house of correction or common gaol for any term not exceeding ten days, unless the sum to be paid, and all costs and charges of the distress, and of the commitment and conveying of the defendant to Contribution how to be enforced in Scotland; s. 4 Payments may be remitted by Secretary of State or Lord Advocate; s. 5. In Scotland justices of peace to have same power with sheriff; s. 6. Powers given to sheriffs, &c., under 17 & 18 Vict. c. 74, may be exercised by justices; s. 7. The following are the Title and Sections prison (the amount thereof being ascertained of the Act: An Act to amend the Act for the better Care and Reformation of Youthful Offenders, and the Act to render Reformatory and Industrial Schools in Scotland more available for the benefit of Vagrant Children. [14th August, 1855.] Whereas it is expedient to amend the 17 & 18 Vict. c. 86, "for the better Care and Reformation of Youthful Offenders in Great Britain," so far as respects the provision thereby made for charging the parent or step-parent of an offender in certain cases with payments to wards his maintenance or support: Be it therefore enacted, as follows: and stated in such commitment), shall be sooner paid. 4. In Scotland an action for payment of sums for the support and maintenance of a juvenile offender under the said Act shall and may be raised before the sheriff or any two justices of the peace within the county in which sentence was passed on the offender, or in which the defender in such action may happen to reside; and such action shall and may be brought by the procurator fiscal of the Sheriff Court of such county, and by no one else; and it shall be lawful for the sheriff or justices before whom such action is brought to inquire into the circumstances of the party sued, and to decern for payment of such weekly sum not exceeding 5s. per week during the period of detention of such offender as he or they shall 2. In every case in which any juvenile of- think fit, or, in his or their discretion, to disfender shall be detained in a reformatory school miss the action; and such decree for payment under the said Act, the parent or step-parent, of a weekly sum shall be held to be and have if of sufficient ability, shall be liable to con- all the effect of a decree in each week for paytribute to his support and maintenance a sum ment of the sum ordered to be paid for such not exceeding 5s. a week; and it shall be law-week; and the sums recovered shall be acful in England and Wales for any two justices counted for and paid as the Commissioners of of the peace, upon the complaint of any person her Majesty's Treasury may direct. authorised by one of her Majesty's Principal 5. It shall be lawful for one of her Majesty's 1. Sections 5 and 6 of the said Act shall be repealed. |