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or order for such detention, proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if such owner or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceeding 1007.
Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorized to detain the ship, or any surveyor or officer of the Board of Trade or Customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also a penalty not exceeding 100l., or, if the offence is not prosecuted in a summary manner, not exceeding 107. for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.
35. Where any order, notice, statement, or document requires, for the purpose of any provision of this Act, to be served on the master of a ship, the same shall be served, where there is no master, and the ship is in the United Kingdom, on the managing owner of the ship, or if there is no managing owner, on some agent of the owner residing in the United Kingdom, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship.
Any such order, notice, statement, or document may be served by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode, or in the case of a master by leaving it for him on board the ship with the person being or appearing to be in command or charge of such ship.
Any person who obstructs the service of any order, notice, statement, or document on the master of a ship shall incur a penalty not exceeding 107., and if the owner or master of the ship is party or privy to such obstruction he shall be guilty of a misdemeanor.
36. The name and address of the managing owner for the time being of every British ship registered at any port or place in the United Kingdom shall be registered at the Custom-house of the ship's port of registry.
Where there is not a managing owner there shall be so registered the name of the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner; and any person whose name is so registered shall, for the purposes of "The Merchant Shipping Acts, 1854 to 1876," be under the same obligations, and subject to the same liabilities, as if he were the managing owner.
If default is made in complying with this section the owner shall be liable, or if there be more owners than one each owner shall be
liable in proportion to his interest in the ship, to a penalty not exceeding in the whole 1007. each time the ship leaves any port in the United Kingdom.
37. Whenever it has been nade to appear to Her Majesty that the Government of any Foreign State is desirous that any of the provisions of "The Merchant Shipping Acts, 1854 to 1876," or of any Act hereafter to be passed amending the same, shall apply to the ships of such State, Her Majesty may by Order in Council declare that such of the said provisions as are in such Order specified shall (subject to the limitations, if any, contained in the Order) apply, and thereupon, so long as the Order remains in force, such provisions shall apply (subject to the said limitations) to the ships of such State, and to the owners, masters, seamen, and apprentices of such ships, when not locally within the jurisdiction of such State, in the same manner in all respects as if such ships were British ships.
38. Where Her Majesty has power under "The Merchant Shipping Act, 1854," or any Act passed or hereafter to be passed amending the same, to make an Order in Council, it shall be lawful for Her Majesty from time to time to make such Order in Council, and by Order in Council to revoke, alter, or add to any Order so made.
Every such Order in Council shall be published in the "London Gazette," and shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. Upon the publication of any such Order in the "London Gazette," the Order shall, after the date of such publication, or any later date mentioned in the Order, take effect as if it were enacted by Parliament.
39. On and after the 1st day of January, 1877, all fees payable in respect of the survey or measurement of ships under "The Merchant Shipping Acts, 1854 to 1876," or in respect of any services performed by any person employed under the authority of "The Passengers Act," 1855, shall continue to be paid to the superintendent of a mercantile marine office at such times and in such manner as the Board of Trade from time to time direct, but shall be paid into the receipt of Her Majesty's Exchequer, in such manner as the Treasury from time to time direct, and shall be carried to and form part of the Consol, ated Fund of the United Kingdom. On and after the same day the salaries of all surveyors appointed under "The Merchant Shipping Acts, 1854 to 1876," and so much of the expenses connected with the survey and measurement of ships under those Acts, and of the salaries and expenses of persons employed under "The Passengers Act, 1855," as has heretofore been paid out of the Mercantile Marine Fund, shall be paid out of
moneys provided by Parliament, and the Treasury shall have the like control over such salaries and expenses as has heretofore been vested in the Board of Trade.
There may be paid out of moneys provided by Parliament, to any wreck commissioner, judge of a court of survey, assessor, registrar of a court of survey, detaining officer, scientific referee, and other officer or person appointed under this Act, such salary or remuneration (if any) as the Treasury from time to time direct.
There may be paid out of moneys provided by Parliament all costs and compensation payable by the Board of Trade in pursuance of this Act.
40. For the purpose of punishment, jurisdiction, and legal proceedings an offence under this Act shall be deemed to be an offence under "The Merchant Shipping Act, 1854."
41. In the application of this Act to Scotland,
The provision with respect to a prosecution not being instituted except by or with the consent of the Board of Trade shall not apply.
Judge of a county court" shall be deemed to include a sheriff and sheriff substitute, and
Registrar of a county court" shall be deemed to include sheriff clerk, and
"A master of the Supreme Court of Judicature" shall mean the Queen's and Lord Treasurer's Remembrancer.
42. In the application of this Act to Ireland,
Judge of a county court" shall be deemed to include "chair
man of a county" and "the recorder of any borough";
Registrar of a county court" shall be deemed to include the clerk of the peace or registrar or other person discharging the duties of registrar of the court, of the chairman of a county, or the recorder of a borough;
"Stipendiary magistrate" shall be deemed to include any of the justices of the peace in Dublin metropolis and any resident magistrate; and
"A master of the Supreme Court of Judicature" shall mean one of the masters of the Superior Courts of Common Law in Ireland. 43. In the application of this Act to the Isle of Man,
Judge of a county court" shall mean the water bailiff; "Stipendiary magistrate" shall mean a high bailiff;
'Registrar of a county court" shall mean a clerk to a deemster or a clerk to justices of the peace;
"A master of the Supreme Court of Judicature" shall mean the clerk of the rolls.
44. Nothing in this Act shall apply to any vessel employed exclusively in trading or going from place to place in any river or 3 D
inland water of which the whole or part is in any British posses. sion, and the provisions of this Act relating to deck cargo shall not apply to deck cargo carried by a ship while engaged in the coasting trade of any British possession.
45. On and from the commencement of this Act, the Acts specified in the first part of the Schedule hereto, and on and from the 1st day of January, 1877, the Acts specified in the second part of the Schedule hereto, shall be repealed to the extent in the third column of that Schedule mentioned: Provided that any officer appointed in pursuance of any such enactment shall be deemed to have been appointed under this Act, and any Order in Council made in pursuance of any such enactment shall be deemed to have been made under this Act, and this repeal shall not affect—
(1.) Anything done or suffered under any enactment hereby repealed; nor
(2.) Any right, power, duty, obligation, or liability acquired, imposed, accrued, or incurred under any enactment hereby repealed;
(3.) Any penalty or punishment incurred in respect of any offence against any enactment hereby repealed; nor
(4.) Any legal proceeding in respect of any such right, power, duty, obligation, liability, penalty, or punishment, and any such legal proceeding may be carried on as if this Act had not passed.
PART 1.Enactments repealed from commencement of Act.
Session and Chapter.
Extent of Repeal.
17 & 18 Vict., c. 104 The Merchant Shipping Act, Sub-section (4) of section 1854.*
301; so much of section
Sections 11, 12, 13, and 14.
34 & 35 Vict., c. 110 36 & 37 Vict., c. 85 38 & 39 Vict., c. 88
The Merchant Shipping Act,
*Vol. XLV. Page 1347.
+ Vol. LXVI. Page 716. Page 594.
PART II-Enactments repealed from 1st January, 1877.
Session and Chapter.
17 & 18 Vict., c. 104 35 & 36 Vict., c. 73
The Merchant Shipping Act,
The Merchant Shipping Act,
Extent of Repeal.
Sub-section (2) of section 418.
MESSAGE of the President of the United States, on the Opening of Congress.-Washington, December 5, 1876.
To THE SENATE AND HOUSE OF REPRESENTATIVES:
IN submitting my eighth and last annual Message to Congress, it seems proper that I should refer to, and in some degree recapitulate, the events and official acts of the past eight years.
It was my fortune, or misfortune, to be called to the office of Chief Executive without any previous political training. From the age of 17 I had never even witnessed the excitement attending a Presidential campaign but twice antecedent to my own candidacy, and at but one of them was I eligible as a voter.
Under such circumstances it is but reasonable to suppose that errors of judgment must have occurred. Even had they not, differences of opinion between the Executive, bound by an oath to the strict performance of his duties, and writers and debaters must have arisen. It is not necessarily evidence of blunder on the part of the Executive because there are these differences of views. Mistakes have been made, as all can see, and I admit; but it seems to me oftener in the selections made of the assistants appointed to aid in carrying out the various duties of administering the Government-in nearly every case selected without a personal acquaintance with the appointee, but upon recommendations of the Representatives chosen directly by the people. It is impossible where so many trusts are to be allotted, that the right parties should be chosen in every instance. History shows that no Administration, from the time of Washington to the present, has been free from these mistakes. But I leave comparisons to history, claiming only that I have acted in every instance from a conscientious desire to do what was right, constitutional within the law, and for the very best interests of the whole people. Failures have been errors of judgment, not of intent.
My civil career commenced, too, at a most critical and difficult time. Less than four years before, the country had emerged from a
* Vol. XLV. Page 1347.
† Vol. LXVI. Page 720.