Penalties: For unduly assuming a British character. For conceal ment of British or assumption of foreign character. For acquiring ownership if unqualified. For false declaration of ownership. Officer not seizure made on reasonable grounds. 103. The offences hereinafter mentioned shall be punishable as follows; (that is to say,) of (1.) If any person uses the British flag and assumes the British national character on board any ship owned in whole or in part by any persons not entitled by law to own British ships, for the purpose making such ship appear to be a British ship, such ship shall be forfeited to her Majesty, unless such assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in exercise of some belligerent right; and in any proceeding for enforcing any such forfeiture the burden of proving a title to use the British flag and assume the British national character shall lie upon the person using and assuming the same: (2.) If the master or owner of any British ship does or permits to be done any matter or thing, or carries or permits to be carried any papers or documents, with intent to conceal the British character of such ship from any person entitled by British law to inquire into the same, or to assume a foreign character, or with intent to deceive any such person as lastly herein before mentioned, such ship shall be forfeited to her Majesty (d); and the master, if he commits or is privy to the commission of the offence, shall be guilty of a misde meanor: (3.) If any unqualified person, except in the case of such transmitted interests as are herein before mentioned, acquires as owner any interest, either legal or beneficial, in a ship using a British flag and assuming the British character, such interest shall be forfeited to her Majesty: (4.) If any person, on behalf of himself or any other person or body of persons, wilfully makes a false declaration touching the qualification of himself or such other person or body of persons to own British ships or any shares therein, the declarant shall be guilty of a misdemeanor; and the ship or share in respect of which such declaration is made, if the same has not been forfeited under the foregoing provision, shall, to the extent of the interest therein of the person making the declaration, and, unless it is shown that he had no authority to make the same, of the parties on behalf of whom such declaration is made, be forfeited to her Majesty: And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of her Majesty, or any British officer of customs, or any British consular officer, to seize and detain any ship which has, either wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjudication before the High Court of Admiralty in England or Ireland, or any Court having Admiralty jurisdiction in her Majesty's dominions; and such Court may thereupon make such order in the case as it may think fit, and may award to the officer bringing in the same for adjudication such portion of the proceeds of the sale of any forfeited ship or share as it may think right. 104. No such officer as aforesaid shall be responsible, either civilly or liable for any criminally, to any person whomsoever, in respect of the seizure or detention of any ship that has been seized or detained by him in pursuance of the provisions herein contained, notwithstanding that such ship is not brought in for adjudication, or, if so brought in, is declared not to be liable to forfeiture, if it is shown to the satisfaction of the judge or Court before whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown, such judge or Court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as it thinks just. (d) The Annandale, 2 P. D. 179, 218. 105. If any colours usually worn by her Majesty's ships, or any colours Penalty for resembling those of her Majesty, or any distinctive national colours, except carrying imthe red ensign usually worn by merchant ships, or except the union jack proper colours. with a white border, or if the pendant usually carried by her Majesty's ships or any pendant in anywise resembling such pendant, are or is hoisted on board any ship or boat belonging to any subject of her Majesty without warrant for so doing from her Majesty or from the Admiralty, the master of such ship or boat or the owner thereof, if on board the same, and every other person hoisting or joining or assisting in hoisting the same, shall for every such offence incur a penalty not exceeding five hundred pounds; and it shall be lawful for any officer on full pay in the military or naval service of her Majesty, or any British officer of the customs, or any British consular officer, to board any such ship or boat, and to take away any such jack, colours or pendant; and such jack, colours or pendant shall be forfeited to her Majesty. ration in the act that a ship shall not be recognized as a British ship. 106. Whenever it is declared by this act that a ship belonging to any Effect of declaperson or body corporate qualified according to this act to be owners of British ships shall not be recognized as a British ship, such ship shall not be entitled to any benefits, privileges, advantages, or protection usually enjoyed by British ships, and shall not be entitled to use the British flag or assume the British national character; but, so far as regards the payment of dues, the liability to pains and penalties, and the punishment of offences committed on board such ship or by any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognized British ship (e). Evidence. Evidence. admissible in 107. Every register of or declaration made in pursuance of the second Copies of regispart of this act in respect of any British ship may be proved in any court ters and declaof justice, or before any person having by law or by consent of parties rations to be authority to receive evidence, either by the production of the original or by evidence, and an examined copy thereof, or by a copy thereof purporting to be certified to be prima under the hand of the registrar or other person having the charge of the facie proof of original; which certified copies he is hereby required to furnish to any certain things. person applying at a reasonable time for the same, upon payment of one shilling for each such certified copy; and every such register or copy of a register, and also every certificate of registry of any British ship, purporting to be signed by the registrar or other proper officer, shall be received in evidence in any court of justice or before any person having by law or by consent of parties authority to receive evidence as primâ facie proof of all the matters contained or recited in such register when the register or such copy is produced, and of all the matters contained in or indorsed on such certificate of registry, and purporting to be authenticated by the signature of a registrar, when such certificate is produced (ƒ) . Saving Clause. 108. Nothing in this act contained shall repeal or affect an act passed in the session of Parliament holden in the third and fourth years of the reign of her present Majesty, chapter fifty-six, intituled "An Act further to regulate the Trade of Ships built and trading within the Limits of the East India Company's Charter." Saving Clause. Saving of 3 & 4 Vict. c. 56, relating to East Indian ships. PART III. MASTERS AND SEAMEN. Application. Application. 109. The various provisions of the third part of this act shall have the Application of following applications, unless the context or subject matter requires a Part III. of different application; (that is to say,) (e) Reg. v. Seberg, L. R., 1 C. C. R. 264. (f) See M. S. Act, 1855, s. 15, and see The Princess Charlotte, Br. & L. 75. Act. Returns for certain ships belonging to the United Kingdom. Returns and wages of deceased seamen in certain colonial ships. Shipping and discharging men in the United Kingdom. Volunteering into the navy. Provisions applicable to colonial ships. As to whole of Local Marine Constitution of Boards. So much of the third part of this act as relates to the delivery or transmission of lists of crews to the registrar general of seamen shall apply to all fishing vessels belonging to the United Kingdom, whether employed exclusively on the coast of the United Kingdom or not; to all ships belonging to the Trinity House, or the commissioners of northern lighthouses, constituted as hereinafter mentioned, or the port of Dublin corporation, and to all pleasure yachts, and to the owners, masters and crews of such ships: So much of the third part of this act as relates to the delivery and transmission of lists of crews, and to the wages and effects of deceased seamen and apprentices, shall apply to all sea-going British ships, wherever registered, of which the crews are discharged, or whose final port of destination is in the United Kingdom, and to the owners, masters and crews of such ships: So much of the third part of this act as relates to the shipping and discharge of seamen in the United Kingdom shall apply to all sea-going British ships, wherever registered, and to the owners, masters and crews of such ships: So much of the third part of this act as relates to seamen volunteering into the royal navy shall apply to all sea-going British ships, wherever registered, and to the owners, masters and crews of such ships, wherever the same may be: So much of the third part of this act as relates to rights to wages and remedies for the recovery thereof: to the shipping and discharge of seamen in foreign ports; to leaving seamen abroad, and to the relief of seamen in distress in foreign ports; to the provisions, health and accommodation of seamen; to the power of seamen to make complaints; to the protection of seamen from imposition; to discipline; to naval courts on the high seas and abroad; and to crimes committed abroad; shall apply to all ships registered in any of her Majesty's dominions abroad, when such ships are out of the jurisdiction of their respective governments, and to the owners, masters, and crews of such ships; And the whole of the third part of this act shall apply to all sea-going ships registered in the United Kingdom, (except such as are exclusively employed in fishing on the coasts of the United Kingdom, and such as belong to the Trinity House, the commissioners of northern lighthouses or the port of Dublin corporation, and also except pleasure yachts,) and also to all ships registered in any British possession and employed in trading or going between any place in the United Kingdom and any place or places not situate in the possession in which such ships are registered, and to the owners, masters and crews of such ships respectively, wherever the same may be (g). Local Marine Boards. 110. There shall be local marine boards for carrying into effect the proLocal Marine visions of this act under the superintendence of the Board of Trade at those seaports of the United Kingdom at which local marine boards have heretofore been established, and at such other places as the Board of Trade appoints for this purpose; and each of such local marine boards shall be constituted as follows; (that is to say,) the mayor or provost and the stipendiary magistrate or such of the mayors or provosts and stipendiary magistrates of the place (if more than one) as the Board of Trade appoints shall be a member or members ex officio; the Board of Trade shall appoint four members from persons residing or having places of business at the port or within seven miles thereof; and the owners of foreign-going ships and of home trade passenger ships registered at the port shall elect six members; and such elections as aforesaid shall take place on the twentyfifth day of January, one thousand eight hundred and fifty-seven, and on the twenty-fifth day of January in every third succeeding year, and such (g) But see M. S. Act, 1862, s. 13. appointments as aforesaid shall take place within one month after such elections; and upon the conclusion of such month and the constitution of a new board the functions of the then existing board shall cease, and the board consisting of the members then newly elected and appointed shall take its place; and any occasional vacancy caused in the intervals between the general elections and appointments, by death, resignation, disqualification or otherwise, shall be filled up within one month after it occurs; and every person elected or appointed on an occasional vacancy shall continue a member until the next constitution of a new board; and the mayor or provost shall fix the place and mode of conducting all such elections as aforesaid, and also on occasional vacancies the day of election, and shall give at least ten days' notice thereof; and the Board of Trade shall have power to decide any questions raised concerning any such elections. Local Marine 111. Owners of foreign-going ships and of home trade passenger ships Qualification registered at any seaport at which there is a local marine board shall have of voters for votes at the election of members of such board as follows: (that is to say,) members of every registered owner of not less than two hundred and fifty tons in the whole of such shipping shall at every election have one vote for each member for every two hundred and fifty tons owned by him, so that his votes for any one member do not exceed ten: and for the purpose of ascertaining the qualification of such electors the following rules shall be observed; (that is to say,) in the case of a ship registered in the name of one person, such person shall be deemed to be the owner, and in the case of a ship registered in distinct and several shares in the names of more persons than one, the tonnage shall be apportioned among the owners as nearly as may be in proportion to their respective shares, and each of such persons shall be deemed to be the owner of the tonnage so apportioned to him; and in the case of a ship or shares of a ship registered jointly without severance of interest in the names of more persons than one, the tonnage shall, if it is sufficient, either alone or together with other tonnage (if any) owned by such joint owners, to give a qualification to each of them, be apportioned equally between the joint owners, and each of such joint owners shall be deemed to be the owner of the equal share so apportioned to him, but if it is not so sufficient, the whole of such tonnage shall be deemed to be owned by such one of the joint owners resident or having a place of business at the port or within seven miles thereof as is first named on the register; and in making any such apportionment as aforesaid any portion may be struck off so as to obtain a divisible amount; and the whole amount of tonnage so owned by each person, whether in ships or shares of or interests in ships, shall be added together, and, if sufficient, shall constitute his qualification. 112. The collector or comptroller of customs in every seaport of the Lists of such United Kingdom at which there is a local marine board shall, with the voters to be assistance of the registrar general of seamen, on or before the twenty-fifth made. day of December, in the year one thousand eight hundred and fifty-six, and in every third succeeding year, make out an alphabetical list of the persons entitled by virtue of this act to vote at the election of members of such local marine board, containing the christian name, surname and residence of each such person, and the number of votes to which he is entitled, and shall sign such list, and cause a sufficient number of copies thereof to be printed, and to be fixed on or near the doors of the custom house at such seaport for two entire weeks next after such list has been made, and shall keep true copies of such list, and permit the same to be perused by any person, without payment of any fee, at all reasonable hours during such two weeks. 113. The mayor or provost of every seaport at which there is a local Revision of list marine board, or such of them, if more than one, as is or are for the time of voters. APPDX. 4 E Registers to be produced. Expenses to be paid by Board of Trade. Persons on re fied to vote. being so appointed as aforesaid, shall at least twenty days before the twenty-fifth day of January, in the year one thousand eight hundred and fifty-seven, and in each succeeding third year, nominate two justices of the peace, to revise the said lists; and such justices shall, between the eighth and fifteenth days of January, both inclusive in the year in which they are so nominated, revise the said list at the custom house of the port, or in some convenient place near thereto, to be hired, if necessary, by the said collector or comptroller, and shall give three clear days' notice of such revision by advertising the same in some local newspaper, and by affixing a notice thereof on or near to the doors of such custom house, and shall make such revision by inserting in such list the name of every person who claims to be inserted therein, and gives proof satisfactory to the said revisors of his right to have his name so inserted, and by striking out therefrom the name of every person to the insertion of which an objection is made by any other person named in such list who gives proof satisfactory to the said revisors that the name of the person so objected to ought not to have been inserted therein; and the decision of the said revisors with respect to every such claim or objection shall be conclusive; and the said revisors shall immediately after such revision sign their names at the foot of the list so revised; and such list so revised shall be the register of voters at elections of members of the local marine board of such seaport for three years from the twenty-fifth day of January then next ensuing inclusive to the twentyfourth day of January inclusive in the third succeeding year; and the said revised list, when so signed, shall be delivered to such mayor or provost as aforesaid of the place, who shall, if necessary, cause a sufficient number of copies thereof to be printed, and shall cause a copy to be delivered to every voter applying for the same. 114. The said collector or comptroller, if required, shall for the assistance of the said revisors in revising the said list produce to them the books containing the register of ships registered at such seaport; and the registrar general of seamen, if required, shall also produce or transmit to such revisors such certified extracts or returns from the books in his custody as may be necessary for the same purpose. 115. The two justices aforesaid shall certify all expenses properly incurred by any such collector or comptroller as aforesaid in making and printing the said list and in the revision thereof, and the Board of Trade shall pay the same, and also all expenses properly incurred by any such mayor or provost as aforesaid in printing the same or in elections taking place under this act; and the said Board may disallow any items of any such expenses as aforesaid which it deems to have been improperly incurred. 116. Every person whose name appears on such revised list, and no vised list quali- other person, shall be qualified to vote at the election of members of the local marine board at such seaport to be held on the twenty-fifth day of January next after the revision of such list, and at any occasional election held at any time between that day and the next ordinary triennial election of the members of such board. Qualification Error in elections not to 117. Every male person who is according to such revised list of the voters at any seaport entitled to a vote shall be qualified to be elected a member of the local marine board of such seaport, and no other person shall be so qualified; and if any person elected as a member after such election ceases to be an owner of such quantity of tonnage as would entitle him to a vote, he shall no longer continue to act or be considered as a member, and thereupon another member shall be elected in his place. 118. No act of any local marine board shall be vitiated or prejudiced |