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ALPHABETICAL ANALYSIS

OF THE STATUTES

RELATING TO MERCHANT SHIPPING

FROM 1821 To 1888.

A.

ABANDONMENT OF SHIP. See "Wrecks, Casualties, and Salvage."

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ABANDONMENT OF LIEN for Salvage
17 & 18 Vict. c. 104, s. 497
ABATING LIGHTS liable to be mistaken for Lighthouse lights. See "Light-
houses, &c."

ACCESS by Seamen (and Skipper) of Fishing boats, to Owner's books in certain
46 & 47 Vict. c. 41, s. 25
50 & 51 Vict. c. 4, s. 4

cases

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ACCIDENT per steamship sustaining or causing injury or loss of life-Master
to report to Board of Trade, and when a collision occurs he is to enter
it in official log
17 & 18 Vict. c. 104, s. 326 & 328
ACCIDENTS (Safety and Prevention of Accidents)—Passenger Ships, boats, and
buoys-safety-valves-compasses-fire-hose-passengers' shelters
-survey of Passenger Steamers. For details see "Safety," &c.
ACCOUNTANT-GENERAL OF THE NAVY. As to payment of Wages by Master of
Ship, &c., on Seamen volunteering into Navy, and repayment with
excess of wages, &c., paid to substitutes

life

17 & 18 Vict. c. 104, s. 215 to 219 ACCOUNT OF WAGES, &c. Master to keep same in a book to be produced when required (and see "Master and Seamen" 17 & 18 Vict. c. 104, s. 171 ACCOUNTS BETWEEN CO-OWNERS. See "Admiralty Court" (Ownership) and Ship-owner" (Liability of).

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ACTIONS AGAINST SHIPS. See the titles of the subject matters of action.
ACTIONS as to Personal Injury, Loss of Life, &c. For details, see "Ship-
owner." (Liability of, and mode of procedure, &c).

ADDITIONAL PASSENGERS taken on board after Passenger list is signed.
18 & 19 Vict. c. 119, s. 17

ADJUDICATION OF SHIPS, &c., by Admiralty Courts, &c. See "Ship" (seizure
and forfeiture).

ADMIRAL-Offences, &c., within the Jurisdiction of the-(Territorial Waters
Jurisdiction Act, 1878)

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41 & 42 Vict. c. 73, s. 1 to 7 Transfer of the Jurisdiction of, to 36 and 37 Vict. c. 66, s. 16 & 34 damage by collision when both 36 & 37 Vict. c. 66, s. 25 (sub-sec. 9)

ADMIRALTY COURT (High Court, England).
the High Court of Justice, &c.
Rules applicable in proceedings for
Vessels are in fault

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Admiralty CouRT (High Court, England), continued—Jurisdiction, &c., in the under-mentioned matters relating to ships, &c. :

Mortgage of a ship, &c., (as specified)

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Ownership of a ship (or title to, as specified), and co-ownership.

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3 & 4 Vict. c. 65, s. 4 24 Vict. c. 10, s. 8 3 & 4 Vict. c. 65, s. 6 17 & 18 Vict. c. 104, s. 476 24 Vict. c. 10, s. 9 3 & 4 Vict. c. 65, s. 6 24 Vict. c. 10, s. 7 3 & 4 Vict. c. 65, s. 6 3 & 4 Vict. c. 65, s. 6 24 Vict. c. 10, s. 5 24 Vict. c. 10, s. 4

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Building, equipping, or repairing (as specified)
Booty of war (when referred by Order in Council) 3 & 4 Vict. c. 65, s. 22
Bill of Lading, claim by owner, consignee, or assignee of, &c. 24 Vict. c. 10, s.6
Wages of Seamen, and wages and disbursements of Master24 Vict. c. 10, s. 10
Limitation (as specified) as to amount in such suits for-
17 & 18 Vict. c. 104, s. 189
Sale of ship, &c., (when applied for, on transmission to unqualified person)
24 Vict. c. 10, s. 12
Suits of shipowners to limit liability in respect of loss of life, damage, &c.
(when ship or proceeds under arrest) 17 & 18 Vict. c. 104, s. 514
24 Vict. c. 10, s. 13
jurisdiction in rem and in

Definition of "ship" for this Act, and as to

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personam 24 Vict. c. 10, s. 2-35 115-117 Transfer, and appeal to, from County Courts (in Admiralty cases) 31 & 32 Vict. c. 71, s. 23, 26 to 28, 30 to 32 Jurisdiction of, under the Foreign Enlistment Act, 1870. See that Title. Rehearing by, and appeal to (including also Admiralty Court of Ireland, Court of Session, &c., in Scotland, and Wreck Commissioner)-on Investigations into the conduct of Masters, Mates, and Engineers or into shipping casualty 42 & 43 Vict. c. 72, s. 2 to 5 Appeal to (Probate, Divorce, and Admiralty Division of the High Court of Justice) from Courts in British possessions on inquiries as to incompetency of Masters, Mates, and Engineers-45 & 46 Vict. c. 76, s. 6 Proceedings against Masters, &c., of British ships for disobeying orders when under convoy 27 & 28 Vict. c. 25, s. 46 29 & 30 Vict. c. 109, s. 31 (Any Court, &c., having jurisdiction in any district) to have jurisdiction over any ship (and persons on board) lying, passing, &c., off the coast, channel, river, &c., &c.-and as to the mode of serving summons, &c.-(applicable to the whole of H.M.'s Dominions) 17 & 18 Vict. c. 104, secs. 521 & 522 (A Court having Admiralty jurisdiction) may declare forfeited, dangerous goods sent on board a British or foreign ship without notice, &c. 36 & 37 Vict. c. 88, sec. 27 38 Vict. c. 17, sec. 42

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(High Court of England, and High Court of--Ireland, and Courts in the British Dominions having Admiralty jurisdiction) to adjudicate on Ships when Master or Owner uses certificate of registry not legally granted 17 & 18 Vict. c. 104, s. 52 Same, for breach of law respecting ownership, &c., by unqualified person 17 & 18 Vict., c. 104, s. 103 & 104 33-34 Jurisdiction) may remove a Master, and

(Any Court having Admiralty appoint a new Master, &c.

17 & 18 Vict. c. 104, s. 240 & 242 62-63

ADMIRALTY COURT (England)—continued.

Judge of (and of any Court of Record in the U.K., and Court of Session,
&c., in Scotland) may issue an Order to detain a foreign ship injuring
British property, &c., when within three miles of coast, &c.
17 & 18 Vict. c. 104, s. 527 to 529
(And Vice-Admiralty Courts) may adjudge as to attacks by H.M.'s ships
on Pirates, &c.
13 & 14 Vict. c. 26, s. 2 & 3
(And Vice-Admiralty Courts) to adjudicate on vessels and goods seized
for contravention of Pacific Islanders Acts. 35 & 36 Vict. c. 19, s. 16
38 & 39 Vict. c. 51, s. 3 & 4
(High Court, &c., Ireland)—Jurisdiction of, in the following matters :-
Salvage-Towage-Damage received or done by any ship-Building,
equipping, and repairing any Ship-Necessaries—Co-ownership (as
to possession, employment, and earnings of a Ship)-Wages_of
Seamen, and Wages and Disbursements of Masters-Mortgage-The
powers of the Court of Chancery under secs. 62 to 65 of the M.S.A.,
1854, and those under Part IX. of that Act-As to Bills of Lading
&c., -as to Appeals from Local Courts, &c. Local Courts to have
like civil and maritime jurisdiction (otherwise than as to appeal)—
as to proceedings therein-and as to transfer, and appeal

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30 & 31 Vict. c. 114, s. 27 to 38, & 74 to 106 140 to 142 And also concerning any Agreement as to Goods shipped, &c., from any Port in Ireland, and as to Agreements in relation to the hire of ships, and claims in tort, &c.—and as to Admiralty jurisdiction of certain Local Courts, &c. 39 & 40 Vict. c. 28, s. 3 to 14, 15 & 16 Transfer of jurisdiction to the High Court of Justice (Ireland), on the office of the existing Judge becoming vacated. 40 & 41 Vic. c. 57, 8.9 Rules in proceedings for Damage by Collision, where both vessels are in fault (Ireland) 40 & 41 Vict. c. 57, s. 28, sub-sec. 9 ADMIRALTY COURT OF THE CINQUE PORTS. See "Cinque Ports."

ADMIRALTY (Droits of). See "Wreck."

ADMIRALTY JURISDICTION OF County Courts, and of local courts in Ireland.
See "County Courts"-and "Admiralty Court" (Ireland).

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ADMIRALTY OF ENGLAND. Crimes committed ashore or afloat out of H.M.'s
Dominions by Master, Seamen, or Apprentices, to be tried as if in the
jurisdiction of the Admiralty 17 & 18 Vict. c 104, s. 267 to 270
"Jurisdiction of the Admiral" (Territorial Waters Jurisdiction Act, 1878)
41 & 42 Vict. c. 73, s. 1 to 7
See " Wreck."

ADMIRAL, VICE-ADMIRAL, &c. (as to Wreck.)
ADVANCES, LOANS, &c., for Lighthouses

17 & 18 Vict. c. 104, s. 424 to 429

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Agent of PassAGE BROKER (Passenger ship) 18 & 19 Vict. c. 119, s. 66 & 67,69 & 70
AGREEMENT (voluntary) FOR Salvage
AGREEMENT for use, &c., of ship, carriage of goods
goods carried in a ship-actions against
(England)

17 & 18 Vict. c. 104, s. 497 in a ship, claim in tort as to ships for, in County Courts 32 & 33 Vict. c. 51, s. 2

In Courts with Admiralty jurisdiction in Ireland. See "Admiralty
Court" (above).

AGREEMENTS AND RUNNING

AGREEMENTS with Seamen. For details, see "Master and Seamen " (Engagement of Seamen) and "Fishing Boats" (Agreements with Seamen).

AGREEMENTS, &c., to forfeit lien or remedy for wages, &c., or right to

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110-111 95

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salvage, to be inoperative

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Modified as to Salvage...

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ALLOTMENT OF WAGES, Allotment Notes, &c. 17 & 18 Vict. c. 104, s. 168 & 169

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ALDERNEY, SARK, &c.-as to "Lighthouses," &c., in. See that title.
ALTERATION OF SHIP, so as not to correspond with previous description-
Registration of Ship anew
17 & 18 Vict. c. 104, s. 81 to 86
ANCHORS. Manufacturers of, to mark, under penalty. 17 & 18 Vict. c. 104, s. 483
ANCHORS AND CHAIN CABLES. Regulating the proving and sale of.
"Chain Cables and Anchors.".

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See

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178-179

In Salvage cases decided by the Commissioners, &c., of the Cinque Ports 1 & 2 Geo. IV. c. 76, s. 5 To Board of Trade as to bye-laws of Pilotage Authorities-by majority of Pilots-Local Marine Board-Masters, Owners, or Insurers 17 & 18 Vict. c. 104, s. 336 From Justices, &c., as to Salvage, &c. (Wrecks, Casualties, and Salvage) 17 & 18 Vict. c. 104, s. 464 & 465 From County Courts in specified Admiralty cases (and transfer for sale. of Ship), to High Court of Admiralty (and appeal to Admiralty Court of the Cinque Ports) 31 & 32 Vict. c. 71, s. 23, 27 & 28, 30 to 33 To Court of Survey or to Scientific Referees-when Foreign Ship detained for overloading—or by a Shipowner aggrieved as to Surveyor's declaration or certificate of clearance- or as to Lights, Fog Signals, &c. 39 & 40 Vict. c. 80, s. 13 to 15 170-171 Rehearing of (and appeal as to) Investigations into Shipping casualties. (Wrecks, Casualties, and Salvage) ... 42 & 43 Vict. c. 72, s. 2 to 5 Rehearing and Appeal. Investigations as to incompetency or misconduct of Master, Mate, or Engineer (including investigations, &c., in British Possessions); and similar investigations as to Skipper, Mate, or second hand of Fishing boats. See details under "Investigations." [Admiralty Court (Ireland) and local Courts with Admiralty jurisdiction in Ireland. Appeal to the Admiralty Court from the local Courts, and from the Admiralty Court to the Appeal Court in Chancery, or to the Privy Council, &c.] 30 & 31 Vict. c. 114, s. 87 to 106 By persons aggrieved by conviction for offences under this Act (Sea Fisheries Act, 1883) in England to Quarter Sessions, in Ireland to same, in Scotland to Court whereto appeals from like convictions are made 46 & 47 Vict. c. 22, s. 16 192 APPEARANCE-mode of requiring-backing arrestments, &c., and as to proceedings-(Scotland)... 17 & 18 Vict. c. 104, s. 533 to 537 APPENDIX-Containing the Orders in Council and Regulations as to Lights, &c., for preventing collisions at sea, and List of Forms, &c. APPLICATION OF MONEYS (rates, &c.) and of Pilot Fund.

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APPLICATION OF PENALTIES under the Act
APPLICATION to be registered as Owner of a Ship or share.

APPLICATION OF THE STATUTES

The Merchant Shipping Act, 1854, is applicable as stated in the numbered
sections, viz. :-

Part II. (British Ships, Ownership, Measurement, and Registry).—
applies to the whole of H.M.'s Dominions
17 & 18 Vict. c. 104, s. 17
Part III. (Masters and Seamen)-To what ships, &c., applicable
17 & 18 Vict. c. 104, s. 109, 288 to 290
The specified sections (in Part III.) are repealed as to fishing
boats, except as to Scotland, by 46 & 47 Vict. c. 41, s. 55

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35-72

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APPLICATION OF THE STATUTES-continued.

As to the application of Part III. to British ships within the
jurisdiction of the Governor-General of India, and of the
Legislative Authorities of British Possessions

17 & 18 Vict. c. 104, s. 288 & 289

Part IV. (Safety and Prevention of Accidents).—To all British ships,
and to all foreign steamships carrying passengers between places
in the United Kingdom, which are to be subject to same provisions
as British steam ships as to Certificates of Masters and Mates
17 & 18 Vict. c. 104, s. 291
Part V. (Pilotage)—Applies to the United Kingdom only

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17 & 18 Vict. c. 104, s. 330 Part VI. (Lighthouses)-Vests powers, &c., &c., as to Lighthouses, &c., in the named General Lighthouse Authorities for England and Wales, Jersey, Guernsey, Sark, Alderney, Heligoland, and Gibraltar, for Scotland and Isle of Man, and for Ireland respectively 17 & 18 Vict. c. 104, s. 389 Part VII. ("Mercantile Marine Fund")-Relates to the appropriation of fees, dues, &c., received under the several Parts of the Act, including those under Part VI....17 & 18 Vict. c. 104, s. 417 Part VIII. (Wrecks, Casualties, and Salvage)-Appears to apply generally, and to the United Kingdom specifically where indicated 17 & 18 Vict. c. 104, s. 432 to 501 88 to 96

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As to what certain terms include in Scotland

17 & 18 Vict. c 104, s. 501
Part IX. (Liability of Shipowners)-applies to the whole of H.M.'s
Dominions...
17 & 18 Vict. c. 104, s. 502
Part X. ("Legal Procedure ")-To the whole of H.M.'s Dominions
where no particular country is mentioned (and see below)
17 & 18 Vict. c. 104, s. 517
Scotland excepted as to the punishment, &c., for the offences
specified...
17 & 18 Vict. c. 104, s. 518
Legal Procedure (Scotland) 17 & 18 Vict. c. 104, s. 530 to 543
Part XI. (“Miscellaneous ")—Appears to be generally applicable
17 & 18 Vict. c. 104 s. 544 to 548

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To what ships this Act (Passengers' Act, 1855) is applicable

18 & 19 Vict. c. 119, s. 4 The provisions of this Act as to regulations for preventing collision, and the regulations, are to apply to foreign ships when within British jurisdiction, and beyond that jurisdiction when the foreign country is willing they should apply.. 25 & 26 Vict. c. 63, s. 57 and 58 As to application of the Merchant Shipping Acts respecting the examinations for, and granting and cancellation of, &c., certificates of Masters, Mates, and Engineers of ships in British Possessions. 32 Vict. c. 11, s. 8 Application of the Merchant Shipping Acts, 1854 to 1876, to Foreign Vessels when desired by a Foreign State. 39 & 40 Vict. c. 80, s. 37 & 38 As to the application of this Act to Scotland, Ireland, and the Isle of Man, &c. 39 & 40 Vict. c. 80, s. 41 to 43 As to its non-application to Vessels exclusively trading in inland waters, &c., of a British Possession-and its provisions as to Deck Cargoes are not to apply to Ships in the coasting trade therein. 39 & 40 Vict. c. 80, s. 44 As to applying sec. 5 of this Act to British Ships in Foreign Jurisdiction, and to Foreign Ships in British Jurisdiction 43 & 44 Vict. c. 16, s. 6 As to the application of this Act (Sea Fisheries Act, 1883).

46 & 47 Vict. c. 22, s. 23 to 25 This Act (the Merchant Shipping Fishing Boats Act, 1883) is not to apply to Scotland 46 & 47 Vict. c. 41, s. 1

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