312
THE HONGKONG GOVERNMENT GAZETTE, 22ND NOVEMBER, 1862.
Third Part of Act to apply to Fishing Boats, Lighthouse Vessels, and Pleasure Yachts, with certain Excep- .tions.
Local Marine Board
ber of Quorum.
tioned, a Statement that the Certificate or Certificates of the Engineer or Engineers of such Ship is or are such and in such Condition as is required by this Act.
Masters and Seamen (Part III. of Merchant Shipping Act, 1854.)
13. The following Vessels; that is to say,
(1.) Registered Seagoing Ships exclusively employed in Fishing on the Coast of
the United Kingdom;**
(2.) Seagoing Ships belonging to any of the Three General Light-house Boards; (3.) Seagoing Ships being Pleasure Yachts;
Shall be subject to the whole of the Third Part of the Principal Act; except,-Sections 136, 143, 145, 147, 149, 150, 151, 152, 153, 154, 155, 157, 158, 161, 162, 166, 170, 171, 231, 256, 279, 280, 281, 282, 283, 284, 285, 286, and 287.
14. Whereas Doubts have been entertained whether Local Marine Boards have may determine Nun- the Power of determining a Quorum: It is hereby declared, That the Power by the 119th Section of the Principal Act given to every Local Marine Board of regulating the Mode in which its Meetings are to be held and its Business conducted includes the Power of determining a Quorum; nevertheless, after the passing of this Act such Quorum shall never consist of less than Three Members.
Titles of Shipping Masters.
Punishment for Em-
ping Offices.
15. The Offices termed Shipping Offices in the Principal Act shall be termed Mercantile Marine Offices, and the Officers termed Shipping Masters and Deputy Ship- ping Masters in the Principal Act shall be termed Superintendents and Deputy Su- perintendents of such Offices; but nothing in this Section contained shall invalidate or affect any Act which may be done at any such Office under the Title of a Shipping Office, or any Act which may be done by, with, or to any of the said Officers under the Title of Shipping Master or Deputy Shipping Master.
16. Any Person appointed to any Office or Service by or under any Local Marine bezzlement in Ship- Board shall be deemed to be a Clerk or Servant within the Meaning of the Sixty-eight Section of the Act of the Twenty-fifth Year of the Reign of Her present Majesty, Chapter Ninety-six:
Examinations of
Ports where there are no Local Marine Boards.
If any such Person fraudulently applies or disposes of any Chattel, Money, or va- luable Security received by him whilst employed in such Office or Service for or on account of any such Local Marine Board, or for or on account of any other public Board or Department, to his own Use or any Use or Purpose other than that for which the. same was paid, entrusted to, or received by him, or fraudulently withholds, retains, or keeps back the same or any Part thereof contrary to any lawful Directions or Instruc- tions which he is required to obey in relation to such Office or Service, he shall be deemed guilty of Embezzlement within the Meaning of the said Section:
Any such Person shall, on Conviction of such Offence as aforesaid, be liable to the same Pains and Penalties as are thereby imposed upon any Clerk or Servant for Em- bezzlement :
In any Indictment against such Person for such Offence it shall be sufficient to charge any such Chattel, Money, or valuable Security as the Property either of the Board by which he was appointed, or of the Board or Department for or on account of which he may have received the same; and no greater Particularity in the Description of the Property shall be required in such Indictment in order to sustain the same, or in proof of the Offence alleged, than is required in respect of an Indictment or the Sub- ject Matter thereof by the Seventy-first Section of the said last-mentioned Act.
17. Whereas it is expedient to make Provision in certain Cases for holding Ex- Masters and Mates at aminations of Applicants for Certificates of Competency at Places where there are no Local Marine Boards: Be it enacted, That the Board of Trade, if satisfied that serious Inconvenience exists at any Port in consequence of the Distance which Applicants for Certificates have to travel in order to be examined, may, with the Concurrence of any Local Marine Board, send the Examiner or Examiners of that Local Marine Board to the Port where such Inconvenience exists; and thereupon the said Examiner or Ex- aminers shall proceed to such Port, and shall there examine the Applicants in the Presence of such Person or Persons (if any) as the Board of Trade may appoint for the Purpose; and such Examinations shall be conducted in the same Manner and shall have the same Effect as other Examinations under the said Act.
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