CCCCIX. Previously to issuing any such Directions as afore- Sanction of Board of Trade, said, the Trinity House shall make an Application to the Board how to be obof Trade, stating fully the Nature of the Work to which such tained. Directions relate and their Reasons for directing the same; and shall at the same Time give Notice to the said Commissioners or Corporation respectively of such their Application, by causing written Notice of the said Application and a Copy of the proposed Directions to be left at or sent to the Office of the said Commissioners in Edinburgh, or the Office of the said Corporation in Dublin, as the Case may be; and Opportunity shall be afforded to the said Commissioners or Corporation to submit any Observations they may see fit to make with respect to such Application to the Trinity House and to the Board of Trade; and if thereupon the said Trinity House adhere to their said Directions, and if the Board of Trade concur therein, and if such Adherence and Concurrence is duly notified to the said Commissioners or Corporation, it shall be their Duty within a reasonable Time after such Notification is made to carry the said Directions into effect. ; Dues to be taken for new Light houses. CCCCX. Upon the Completion of any new Lighthouse, Buoy, Her Majesty or Beacon, Her Majesty may by Order in Council fix such Dues in Council fix in respect thereof to be paid by the Master or Owner of every Ship which passes the same or derives Benefit therefrom, as Her Majesty may deem reasonable, and may from Time to Time alter the Amount thereof; and such Dues shall be paid and collected in the same Manner, by the same Means, and subject to the same Conditions in, by, and subject to which the Light Dues authorized to be levied by this Act are paid and collected. No Dues to be levied in the States, and no CCCCXI. No Dues for any Lighthouse, Buoy, or Beacon to be erected or placed in or near the Islands of Guernsey, Jersey, Sark, or Alderney shall be taken in the said Islands of without ConGuernsey or Jersey without the Consent of the States of the said sent of the Islands respectively; nor shall any Powers herein-before given Power to be to the Trinity House in respect of any Lighthouse, Buoy, or exercised thereBeacon erected or placed in the Islands of Guernsey or Jersey, in but by Order or hereafter to be erected or placed in such Islands, be exercised in Council. without the Consent of Her Majesty in Council. cc. 18 and 19. CCCCXII. The Lands Clauses Consolidation Act, 1845, and Incorporation the Lands Clauses Consolidation Act (Scotland), 1845, shall of 8 & 9 Vict. be incorporated in this Act, and shall apply to all Lighthouses to be constructed and all Land to be purchased under the Powers thereof. Surrender of Lighthouses. Local Light Surrender of Local Lighthouses. CCCCXIII. Every Local Authority holding any Light house, Buoy, or Beacon at any Place within the Jurisdiction of any of the said General Lighthouse Authorities may if they houses may be think fit, surrender or sell the same to such General Light- surrendered to house Authority, and such Authority may, with the Consent General Lightof the Board of Trade, accept or purchase the same, the Pur- house Authorichase Money (if any) to be paid out of the said Mercantile ties. Surrender of Damage to Lights, Buoys, and Beacons. Penalty for Beacons. Prevention of house Authori ties may prohibit false Lights. Marine Fund; and thereupon such Lighthouse and its Appurtenances or such Buoy or Beacon, as the Case may be, shall become vested in such Authority; and such Authority shall be entitled to receive all Dues lawfully payable in respect thereof at the Time of such Surrender or Sale, or if Her Majesty by Order in Council so directs, such Dues as might be fixed and made payable if the same were a new Lighthouse, Buoy, or Beacon; and such Lighthouse, Buoy, or Beacon, and the Dues payable in respect thereof, shall, after such Surrender or Sale, be subject in all respects to the same Regulations as other Lighthouses and Light Dues, Buoys and Beacons provided for by this Act. Damage to Lights, Buoys, and Beacons. CCCCXIV. If any Person wilfully or negligently commits any of the following Offences, (that is to say,) (1.) Injures any Lighthouse or the Lights exhibited therein, or any Buoy or Beacon; (2.) Removes, alters, or destroys any Light Ship, Buoy, or Beacon; (3.) Rides by, makes fast to, or runs foul of any Light Ship He shall, in addition to the Expenses of making good any Prevention of False Lights. CCCCXV. Whenever any Fire or Light is burnt or exhibited General Light- at such Place or in such Manner as to be liable to be mistaken for a Light proceeding from a Lighthouse, it shall be lawful for the General Lighthouse Authority within whose Jurisdiction. such Place is situate to serve a Notice upon the Owner of the Place where the Fire or Light is burnt or exhibited, or on the Person having the Charge of such Fire or Light, either personally or by Delivery at the Place of Abode of such Owner or Person, or by affixing the same in some conspicuous Spot near to such Fire or Light, and by such Notice to direct such Owner or Person, within a reasonable Time to be therein specified, to take effectual Means for the extinguishing or effectually screening such existing Light, and for preventing for the future any similar Fire or Light; and any Owner or Person disobeying such Notice shall be deemed guilty of a Common Nuisance, and in addition to any other Penalties or Liabilities of any kind thereby incurred, shall incur a Penalty not exceeding One hundred Pounds. If not obeyed such Lights. CCCCXVI. If any Owner or Person served with such they may abate Notice as aforesaid neglects for a Period of Seven Days to extinguish or effectually screen the Fire or Light therein mentioned, it shall be lawful for the General Lighthouse Authority within whose Jurisdiction the same may be, by their Servants or Workmen, to enter upon the Place whereon the same may be, and forthwith to extinguish such Fire or Light, doing no unnecessary unnecessary Damage; and all Expenses incurred by such Authority in such Extinction may be recovered from such Person or Owner as aforesaid in the same Way as Penalties are hereby directed to be recoverable. PART VII. MERCANTILE MARINE FUND. Prevention of Mercantile Marine Fund. CCCCXVII. The following Sums shall be carried to a Sums to be common Fund, to be entitled the "Mercantile Marine Fund;" carried to Mer (that is to say,) (1.) All Fees and other Sums (other than Fines and Forfeitures) received by the Board of Trade under the Provisions of the Third and Fourth Parts of this Act: (2.) All Light Dues or other Sums received by or accruing to the Trinity House, the Commissioners of Northern Lighthouses, and the Port of Dublin Corporation, under the Sixth Part of this Act: cantile Marine Fund. (3.) All Rates and Monies received by the Trinity House 7 Vict. c. lvii. under the Local Act of the Seventh Year of Her present Majesty, Chapter Fifty-seven, for the Regulation of Lastage and Ballastage in the River Thames: (4.) All Fees and other Sums mentioned in the Table marked V. in the Schedule hereto which are received by Receivers appointed under the Eighth Part of this Act: And an Account of the said Fund, intituled "The Mercantile Marine Fund Account," shall be kept with Her Majesty's Paymaster General. Mercantile CCCCXVIII. Subject to any prior Charges that may be Application of subsisting thereon by virtue of any Act or Acts of Parliament or otherwise, the said Fund shall be chargeable with the following Expenses; that is to say, (1.) The Salaries and other Expenses connected with the Local Marine Boards, the Examinations, and the Ship ping Offices, provided for by the Third Part of (2.) The Salaries of Surveyors, and other Expenses con- Z z Mercantile Marine Fund. Application of 6 & 7 Vict.c.lvii. Establishments and Ballastage charged on Fund to be fixed by Her Majesty in Council. Assistance towards the Preservation of Life and Property in Cases of Shipwreck and Distress at Sea, and for rewarding the Preservation of Life in such Cases, as the Board of Trade directs: (6.) Any Expenses incurred in carrying into effect the Provisions with regard to Receivers and the Performance of their Duties contained in the Eighth Part of this Act: (7.) Any Expenses which by this or any other Act of Parliament are specially charged thereon: And shall, save as herein-after mentioned, be applicable to no other Purpose whatever. CCCCXIX. The said Rates and Monies received by the Trinity House under the said Local Act of the Seventh Year of Her present Majesty, Chapter Fifty-seven, shall, subject to the Payment of such Proportion of any prior Charges subsisting on the Mercantile Marine Fund as may in the Opinion of the Board of Trade be fairly chargeable thereon, and to the Powers of raising Money upon the Credit of the said Fund herein contained be applicable only to Services performed for the Purpose of supplying Ballast to or providing for the Safety or Convenience of such Ships as navigate the said River Thames and the Seas and Channels leading thereto between Orfordness on the North and Dungeness on the South: Provided that if, in addition to the Duties performed in consideration of the said Ballastage Rates under the said Local Act, the Trinity House, at the Request or with the Consent of the Owners or Masters of or Agents for any Ships, undertake to place Ballast on board thereof, or to unload Ballast therefrom, they shall be entitled to charge for such additional Duties such reasonable additional Rate per Ton for Ballast so placed on board or unladen as Her Majesty by Order in Council from Time to Time approves. CCCCXX. Her Majesty may from Time to Time, by and for Lighthouses with the Advice of Her Privy Council, fix the Establishments to be maintained by each of the said General Lighthouse Authorities on Account of the Services of Lighthouses, Buoys, and Beacons, and also as regards the Trinity House, on account of the Service of Lastage and Ballastage in the River Thames, or the annual or other Sums to be paid out of the said Fund, in respect of such Establishments; and if it appears that any Part of the Establishments of the said Lighthouse Autho rities is maintained for the Purposes of such Duties and also for other Purposes, to fix and from Time to Time alter the Portion of the Expense of such Establishments to be paid out of the said Fund; and no Increase of any Establishment or Part of an Establishment so fixed shall be made without the Consent of the Board of Trade. Power to grant Allowances. CCCCXXI. The said General Lighthouse Authorities may Superannuation from Time to Time, with the Sanction of the Board of Trade, grant Superannuations or Compensations to Persons whose Salaries are payable out of the said Fund, and who are dis charged charged or retire; so nevertheless that no Superannuation Allowance or Compensation to any Person so discharged or retiring shall exceed the Proportion of his Salary which might be granted to a Person in the public Civil Service, under the Act of the Fourth and Fifth Years of King William the Fourth, Chapter Twenty-four, or under any other Act for regulating such Superannuation Allowances or Compensations for the Time being in force. Mercantile Marine Fund. of Trade. CCCCXXII. Each of the said General Lighthouse Autho- Estimates and Accounts for rities shall from Time to Time submit to the Board of Trade other Expenses Estimates of all Expenses to be incurred by them in respect to to be approved the Matters aforesaid, other than the Establishment Expenses by the Board for the Time being allowed by Order in Council as aforesaid ; and shall also, whenever in providing for any sudden Emergency it is necessary to incur any Expense without waiting until an Estimate can be sanctioned, as soon as possible send to the Board of Trade a full Account of such Expense; and the Board of Trade shall consider and may approve such Estimates and Accounts, either with or without Modification. be allowed un CCCCXXIII. No Expense of any of the said General Light- No Expense to house Authorities in respect of the said Services shall be paid less sanctioned out of the Mercantile Marine Fund, or allowed in Account, by Board of other than the Sums so allowed for Establishment Expenses Trade. as aforesaid, or included in Estimates or Accounts approved by the Board of Trade. sury may ad CCCCXXIV. For the Purpose of the Construction and For the Purpose Repair of Lighthouses, and of other extraordinary Expenses repairing Lightof erecting and connected with the said Services, the Treasury are authorized houses and other from Time to Time, upon the Application of the Board of extraordinary Trade, to advance out of the growing Produce of the Con- Expenses, Treasolidated Fund of the United Kingdom such Sums of Money, vance Money. upon such Terms, and at such Rate of Interest as they think fit, and to pay the same into the Mercantile Marine Fund Account, so nevertheless that the whole Sum for the Time being due in respect of such Advances shall never at any One Time exceed Two hundred thousand Pounds; and upon any Advance being so made the Sum so advanced and the Interest shall be a Charge on the Mercantile Marine Fund, and upon the Dues, Rates, Fees, and Payments so to be carried thereto as aforesaid; and the Board of Trade shall make such Provision for the Repayment thereof out of the said Fund, either by forming a Sinking Fund or otherwise, as the Treasury may require; provided that no such Advance shall prevent any lawful Reduction of any of the said Dues, Rates, Fees, or Payments, if such Reduction be assented to by the Treasury. CCCCXXV. The Board of Trade may also, for the Purpose last aforesaid, raise Money by mortgaging the Mercantile Marine Fund, and the several Dues, Rates, Fees, and Payments so to be carried thereto as aforesaid, or any of them, or any Part thereof, to any Person or Body of Persons; and every such Mortgage shall be in such Form, and under the Hand and Z z 2 Seal Power to Board of Trade to borrow Money on the Credit of Fund. |