719852-1862-ANNO-VICESIMO-QUINTO---VICESIMO-SEXTO-VICTORIE-REGINE-CAP-LXIII---29TH-JULY-1862-- — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, 22ND NOVEMBER, 1862.

17 & 18 Vict. c. 104. 18 & 19 Vict. c. 91.

16 & 17 Vict. c. 107.

Short Title.

Enactments in Ta- ble (A.) repealed.

Equifies not exclud-

ing Act.

ANNO VICESIMO QUINTO & VICESIMO SEXTO

VICTORIE REGINE.

CAP. LXIII.

An Act to amend "The Merchant Shipping Act, 1854," "The Merchant Shipping Act Amendment Act, 1855," and "The Customs Consolidation Act, 1853." [29th July, 1862.]

Whereas it is expedient further to amend "The Merchant Shipping Act, 1854," "The Merchant Shipping Act Amendment Act, 1855," and "The Customs Consoli- dation Act, 1853:" Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

1. This Act may be cited as "The Merchant Shipping Act Amendment Act, 1862," and shall be construed with and as Part of "The Merchant Shipping Act, 1854," hereinafter termed the Principal Act.

2. The Enactments described in Table (A.) in the Schedule to this Act shall be repealed as therein mentioned, except as to any Liabilities incurred before such Repeal.

Registry and Measurement of Tonnage (Part II. of Merchant Shipping Act, 1854.);

3. It is hereby declared that the Expression "Beneficial Interest," whenever used ed by Merchant Ship- in the Second Part of the Principal Act, includes Interests arising under Contract and other equitable Interests; and the Intention of the said Act is that, without Prejudice to the Provisions contained in the said Act for preventing Notice of Trusts from being entered in the Register Book or received by the Registrar, and without Prejudice to the Powers of Disposition and of giving Receipts conferred by the said Act on regis tered Owners and Mortgagees, and without Prejudice to the Provisions contained in the said Act relating to the Exclusion of unqualified Persons from the Ownership of British Ships, Equities may be enforced against Owners and Mortgagees of Ships in respect of their Interest therein, in the same Manner as Equities may be enforced against them in respect of any other Personal Property.

Tonnage Rates un- der Local Acts may be

ed Tonnage.

4. Any Body Corporate or Persons having Power to levy Tonnage Rates on Ships levied on the register may, if they think fit, with the Consent of the Board of Trade, levy such Tonnage Rates upon the registered Tonnage of the Ships as determined by the Rules for the Measurement of Tonnage for the Time being in force under the Principal Act, not- withstanding that the Local Act or Acts under which such Rates are levied provides for levying the same upon some different System of Tonnage Measurement.

Steam Ships to carry

Certificates for Engineers (Part III. of Merchant Shipping Act, 1854.)

5. On and after the First Day of June One thousand eight hundred and sixty- Certificated Engineers. three, every Steam Ship which is required by the Principal Act to have a Master pos- sessing a Certificate from the Board of Trade shall also have an Engineer or Engineers possessing a Certificate or Certificates from the Board of Trade as follows; that is to

say,

(1.) Engineer's Certificates shall be of Two Grades, viz., "First-class Engineer's

Certificates," and "Second-class Engineer's Certificates: "

(2.) Every Foreign-going Steam Ship of One hundred nominal Horse Power or upwards shall have as its First and Second Engineers Two Certificated Engineers, the first possessing a "First-class Engineer's Certificate," and the second possessing a "Second-class Engineer's Certificate" or a Certi- ficate of the higher Grade:

(3.) Every Foreign-going Steam Ship of less than One hundred nominal Horse Power shall have as its only or First Engineer an Engineer possessing a "Second-class Engineer's Certificate" or a Certificate of the higher Grade: (4.) Every Sea-going Home Trade Passenger Steam Ship shall have as its only or First Engineer an Engineer possessing a "Second-class Engineer's Certificate" or a Certificate of the higher Grade: