Ships, &c.

Expenses

116. All expenses incurred by the Commissioners of A.D. 1924. Customs and Excise in the conduct of suits or prosecutions, or otherwise in carrying into effect the provisions incurred by of this Act, shall be considered as expenses having of Customs and 5 reference to the Revenues of Customs, and shall be (M.S. Act. 1894, paid accordingly.

Commissioners

Excise.

s. 718, so far as applicable.)

117. All documents purporting to be made, issued Proof of or written by or under the direction of the Board of documents. Trade, and to be sealed with the seal of the Board, or (M.S. Act, 10 to be signed by their secretary or one of their assistant 1894, 8.719.) secretaries, or if a certificate by one of the officers of the Marine Department, shall be admissible in evidence in manner provided by this Act.

118. Instruments used for carrying this Act into Exemption from 15 effect shall be exempt from stamp duty.

stamp duty.
(M.S. Act, 1894,
s. 721 (a).)

119. If any person forges the seal or any other Forgery, distinguishing mark of the Board of Trade on any &c., of seal form issued by the Board under this Act, or fraudu- of Board of lently alters any such form, he shall be guilty of a (M.S. Act, 20 misdemeanour.

Trade.

1894, s. 722

(1).)

120. If any person prints, sells or uses any document Printing, purporting to be a form approved by the Board of Trade, &c., false knowing the same not to be the form approved for the documents. time being, or not to have been prepared or issued by (M.S. Act, 25 the Board of Trade, he shall be liable to a fine not exceed- 1894, s. 722 ing ten pounds. (2) (b).)

inspectors.

121. Section seven hundred and twenty-four to Surveyors section seven hundred and thirty of the Merchant Shipping and Act, 1894, as amended by section seventy-five of the 57 & 58 Vict. 30 Merchant Shipping Act, 1906, shall extend for the pur- c. 60. poses of this Act as though this Act were in terms enacted 6 Edw. 7. to be one with the first cited Act, and in this Act the c. 48. expressions surveyor of ships" and "Board of Trade inspector" shall be construed accordingly.

35

66

122. (1) The legislature of any British possession may by any Act or Ordinance, confirmed by His Majesty in Council, repeal wholly or in part any provisions of this Act relating to ships registered in that possession: Provided that any such Act or Ordinance shall not 40 take effect until the approval of His Majesty has been

Powers of

Colonial

Legislatures

to alter pro-
visions of

Act.
(M.S. Act,

1894, s. 735.

Ships, &c.

A.D. 1924. proclaimed in the possession, or until such time thereafter as may be fixed by the Act or Ordinance for the purpose.

(2) Where any Act or Ordinance of the legislature of a British possession has repealed in whole or in part as respects that possession any provision of the Acts repealed 5 57 & 58 Vict. by the Merchant Shipping Act, 1894, or any provision of

c. 60.

Regulation of coasting trade by Colonial legislatures.

57 & 58 Vict. c. 60.

Provision

for foreign

Part I. of that Act, that Act or Ordinance shall have the same effect in relation to the corresponding provision of this Act as it had in relation to the provision so repealed.

123. Nothing in this Act shall prejudice any power 10 of the legislature of a British possession under section seven hundred and thirty-six of the Merchant Shipping Act, 1894.

124. Where under this Act anything is authorised to be done by, to or before a British consular officer, and 15 places where in any place outside His Majesty's dominions in which His Majesty His Majesty has jurisdiction there is no such officer, such thing may be done in that place by, to or before such officer as His Majesty in Council may direct.

has jurisdiction. (M.S. Act,

1894, s. 737.) Orders in Council

under this

Act.

(M.S. Act, 1894, ss. 738 and 740.)

56 & 57 Vict.

c. 66.

Application

of Act to

ships pro

125.—(1) Every Order in Council under this Act 20 may be revoked, added to or otherwise amended by any subsequent Order in Council.

(2) Every such Order in Council

(a) shall be published in the London Gazette, so, however, that it shall be sufficient if notice 25 thereof is published in accordance with the Rules Publication Act, 1893; and

(b) shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within 30 one month after the then next meeting of Parliament.

(3) Subject to any special provisions of this Act, upon the publication of any such Order in Council, the Order shall, as from the date of the publication or any 35 later date mentioned in the Order, take effect as if it were enacted by Parliament.

126. Any provision of this Act applying to steamers or steamships shall apply to ships propelled by electricity electricity, &c. or other mechanical power with such modifications as 40

pelled by

(M.S. Act,

1894, s. 743.)

Ships, &c.

the Board of Trade may prescribe for the purpose of A.D. 1924, such adaptation.

Majesty's ships.

127. Except where the contrary intention appears Exemption of His this Act shall not apply to ships belonging to His (M.S. Act, 1894, 5 Majesty.

10

15

20

25

30

35

40

8. 741.)

128. In this Act, unless it is otherwise provided or Definitions. the context otherwise requires

66

(a) The expression "the United Kingdom" does not
include the Irish Free State;
(b) The expression vessel" includes any ship or
boat, or any other description of vessel used in
navigation;

(M.S. Act,
1894, s. 742,
so far as
applicable.
(M.S. Act,
1921, s. 1

(1).

S.R.O.,

(c) The expression "ship" includes every descrip- 1923,
tion of vessel used in navigation not propelled No. 405.)
by oars, so, however, that it includes every
description of lighter, barge, or like vessel used
in navigation in Great Britain however propelled;
(d) The expression "home-trade ship includes
every ship employed in trading or going between
the following limits; that is to say, the United
Kingdom (including the Irish Free State), the
Channel Islands and Isle of Man, and the conti-
nent of Europe between the River Elbe and
Brest inclusive;

(e) The expression "master" includes every person,
except a pilot, having command or charge of
any ship, and in this definition "pilot" means
any person not belonging to a ship who has the
conduct thereof;

(f) The expression " seaman " includes every person
(except masters, pilots, and apprentices duly
indentured and registered), employed in any
capacity on board any ship;

(g) The expression "a commissioner for oaths
means a commissioner for oaths within the
meaning of the Commissioners of Oaths Act, 52 & 53 Vict.
1889;

(h) The expression "chief officer of Customs and
Excise" includes the collector, superintendent,
principal coast officer, or other chief officer of
customs and excise at each port;

c. 10.

Ships, &c.

A.D. 1924.

Application

(i) The expression "consular officer," when used in relation to a foreign country, means the officer recognised by His Majesty as a consular officer of that foreign country;

(1) The expression

vency;

66

bankruptcy" includes insol- 5.

(k) The expression "representation means probate, administration, confirmation, or other instrument constituting a person the executor, administrator or other representative of a deceased 10 person;

66

(1) The expression name includes a surname; (m) The expression port " includes place; (n) The expression "harbour" includes harbours properly so called, whether natural or arti- 15 ficial, estuaries, navigable rivers, piers, jetties, and other works in or at which ships can obtain shelter, or ship and unship goods or passengers; (0) The expression "tidal water means any part of the sea and any part of a river within the 20 ebb and flow of the tide at ordinary spring tides, and not being a harbour;

(p) Any reference to failure to do any act or thing shall include a reference to refusal to do that act or thing.

129. (1) This Act in its application to Scotland to Scotland. shall be subject to the following modifications, namely:(M.S. Act,

1894, ss. 702

to 710.

M.S. Act, 1906, s. 82 (2), (3) and (4) &c., amended.)

25

(a) Every offence by this Act described as a felony
or misdemeanour may be prosecuted by indict-
ment or criminal letters at the instance of His 30.
Majesty's Advocate before the High Court of
Justiciary, and any such court may in addition
to the exercise of any other power under this
Act order payment by the offender of the costs
and expenses of the prosecution;

(b) All prosecutions, complaints, actions or pro-
ceedings under this Act, other than prosecutions
for felonies, may be brought in a summary form
before the sheriff of the county or before any
two justices of the peace of the county or
burgh where the cause of such prosecution or
action arises, or where the offender or defender

35

40

Ships, &c.

may be for the time, and when of a criminal A.D. 1924.
nature or for fines or penalties at the instance
of the procurator fiscal of court, or at the
instance of any party aggrieved with concurrence
of the procurator fiscal of court; and the
court may in addition to the exercise of any
other power under this Act order payment by
the offender or defender of the costs of the
prosecution or action;
(c) Where in any summary proceedings under this
Act any complaint or action is brought in
whole or in part for the enforcement of a
pecuniary debt or demand, the complaint may
contain a prayer for warrant to arrest upon
the dependence;

(d) On any summary proceedings the deliverance
of the sheriff clerk or clerk of the peace shall
contain warrant to arrest upon the dependence
in common form, where that warrant has been
prayed for in the complaint or other proceeding :
Provided that where the apprehension of any
party, with or without warrant, is authorised by
this Act, such party may be detained in custody
until he can be brought at the earliest opportu-
nity before any two justices or the sheriff
who may have jurisdiction in the place, to be
dealt with as this Act directs, and no citation
or induciae shall in that case be necessary;
(e) When it becomes necessary to execute such
arrestment on the dependence against goods or
effects of the defender within Scotland but not
locally situated within the jurisdiction of the
sheriff or justices of the peace by whom the
warrant to arrest has been granted, it shall be
competent to carry the warrant into execution
on its being endorsed by the sheriff clerk or
clerk of the peace of the county or burgh
respectively within which such warrant comes
to be executed;

(f) Where on any summary proceedings there is a
decree for payment of any sum of money against
a defender, the decree shall contain warrant
for arrestment, poinding, and imprisonment in
default of payment;