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Merchant Shipping Repeal Act 1854
Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia
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The Merchant Shipping Repeal Act 1854 (17 & 18 Vict. c. 120) was an act of the Parliament of the United Kingdom that repealed various enactments relating to merchant shipping in the United Kingdom.
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Background
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In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2]
By the early 19th century, British customs law, relating to trade, navigation, the import and export of goods, and the collection of customs revenue, had become increasingly intricate and difficult to navigate due to the large number of acts passed that had accumulated over many years. This complexity posed challenges for both commerce and law enforcement. The preamble of the act acknowledged that the existing system had become an impediment to trade and the "Ends of Justice".[3]
In 1810, the Lords of the Treasury asked Nicholas Jickling to produce a Digest of the Laws of the Customs, which was published in 1815, numbering 1,375 pages from the earliest period to 53 Geo. 3.[4] This Digest was continuously published to bring the state of the law up to date to the end of every session. In 1814, the Commission of Public Records published their 14th Report, recommending consolidation of the statute law.
In 1822, the Navigation and Commerce Act 1822 (3 Geo. 4. c. 43) was passed to encourage shipping and navigation. The Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41) and the Repeal of Acts Concerning Importation (No. 2) Act 1822 (3 Geo. 4. c. 42) were passed at the same time to repealed related inconsistent or obsolete enactments.
In 1823, the Customs and Excise Act 1823 (4 Geo. 4. c. 23) was passed, which consolidate the several Boards of Customs, and also, the several Boards of Excise across the United Kingdom.
By a letter dated 9 August 1823, Secretary to the Treasury, John Charles Herries MP, asked J. D. Hume, Controller of the Port of London, to "undertake the preparation of a general law, or set of laws, for the consolidation of the customs of the United Kingdom".[4]
The original plan for the consolidation was outlined in a letter dated November 18, 1824, from Mr. Herries, Secretary of the Treasury, to the Customs Commissioners, proposing:[4] The plan proposed a two-pronged approach:
- Specific repeal: Identifying and listing specific acts and parts of acts to be repealed, ensuring their removal from the statute book.
- General description: Implementing a general repeal clause to address any potential omissions and provide legal clarity.
Despite the intention to create a new legal code that would supersede all previous customs laws, with a declaration that no law predating the new code would remain in force, the general repeal clause was withdrawn, the operation of the repeal of the enumerated acts was postponed for six months and full implementation of the new consolidated code was deferred to a future date.[4]
On 15 April 1825, the Committee on Customs and Excise Consolidation Acts reported and resolved that it was "expedient to repeal the several Laws relating to the Customs now in force; and to consolidate the various enactments therein contained."[5]
In 1826, eleven customs acts were passed to consolidate to all practical purposes the whole statute law of the customs by repealing the numerous existing customs statutes and replace them with new, more clearly written laws.[4] The acts simplified tariff schedules, to make it easier for traders to understand duties, revised penalties for customs offences to ensure fair and consistent enforcement and introduced standardised procedures for customs declarations, to reduce administrative burdens and increase efficiency at ports.
- Customs, etc. Act 1825 (9 Geo. 4. c. 106)
- Customs, etc. (No. 2) Act 1825 (9 Geo. 4. c. 107)
- Customs, etc. (No. 3) Act 1825 (6 Geo. 4. c. 108)
- Customs, etc. (No. 4) Act 1825 (6 Geo. 4. c. 109)
- Customs, etc. (No. 5) Act 1825 (6 Geo. 4. c. 110)
- Customs, etc. (No. 6) Act 1825 (6 Geo. 4. c. 111)
- Customs, etc. (No. 7) Act 1825 (6 Geo. 4. c. 112)
- Customs, etc. (No. 8) Act 1825 (6 Geo. 4. c. 113)
- Customs, etc. (No. 9) Act 1825 (6 Geo. 4. c. 114)
- Customs, etc. (No. 10) Act 1825 (6 Geo. 4. c. 115)
- Passenger Vessels Act 1825 (6 Geo. 4 c. 116)
In 1825, the Customs Law Repeal Act 1825 (6 Geo. 4. c. 105) was passed to repeal 443 related enactments. In 1826, the Customs Act 1826 (7 Geo. 4. c. 48) was passed, which reversed the repeal of several enactments.
In 1827, the Excise Management Act 1827 (7 & 8 Geo. 4. c. 53) was passed, which consolidated enactments relating to the collection and management of customs.
In 1833, eleven customs acts were passed to further amend and consolidate the customs law:
- Customs, etc. Act 1833 (3 & 4 Will. 4. c. 51)
- Customs, etc. (No. 2) Act 1833 (3 & 4 Will. 4. c. 52)
- Customs, etc. (No. 3) Act 1833 (3 & 4 Will. 4. c. 53)
- Customs, etc. (No. 4) Act 1833 (3 & 4 Will. 4. c. 54)
- Customs, etc. (No. 5) Act 1833 (3 & 4 Will. 4. c. 55)
- Customs, etc. (No. 6) Act 1833 (3 & 4 Will. 4. c. 56)
- Customs, etc. (No. 7) Act 1833 (3 & 4 Will. 4. c. 57)
- Customs, etc. (No. 8) Act 1833 (3 & 4 Will. 4. c. 58)
- Customs, etc. (No. 9) Act 1833 (3 & 4 Will. 4. c. 59)
- Customs, etc. (No. 10) Act 1833 (3 & 4 Will. 4. c. 60)
- Customs, etc. (No. 11) Act 1833 (3 & 4 Will. 4. c. 61)
In 1833, the Customs (Repeal) Act 1833 (3 & 4 Will. 4. c. 50) was passed to repeal 24 related enactments.
In 1845, 10 customs acts were passed to further amend and consolidate the customs law:
- Commissioners of Customs Act 1845 (8 & 9 Vict. c. 85)
- Customs (No. 3) Act 1845 (8 & 9 Vict. c. 86)
- Prevention of Smuggling Act 1845 (8 & 9 Vict. c. 87)
- Shipping, etc. Act 1845 (8 & 9 Vict. c. 89)
- Registering of British Vessels Act 1845 (8 & 9 Vict. c. 90)
- Duties of Customs Act 1845 (8 & 9 Vict. c. 91)
- Warehousing of Goods Act 1845 (8 & 9 Vict. c. 92)
- Customs (No. 4) Act 1845 (8 & 9 Vict. c. 93)
- Trade of British Possessions Act 1845 (8 & 9 Vict. c. 94)
- Isle of Man Trade Act 1845 (8 & 9 Vict. c. 95)
In 1845, the Customs (Repeal) Act 1845 (8 & 9 Vict. c. 84) was passed to repeal 26 related enactments.
In 1853, the Customs Consolidation Act 1853 (16 & 17 Vict. c. 107) was passed, consolidating more customs enactments.
In 1854, the Merchant Shipping Act 1854 (17 & 18 Vict. c. 104) was passed to consolidate and amend the law relating to merchant shipping across several centuries of law, rendering old statutes redundant.
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Passage
The Merchant Shipping Acts Repeal Bill had its first reading in the House of Commons on 2 March 1854, presented by the President of the Board of Trade, Edward Cardwell MP.[6] The Bill had its second reading in the House of Commons on 18 March 1854 and was committed to a Committee of the Whole House,[6] which met and reported on 1 July 1854 with amendments.[6] The amended Bill was re-committed to a Committee of the Whole House, which met and reported on 10 July 1854, without amendments.[6] The Bill had its third reading in the House of Commons on 13 July 1854 and passed, without amendments.[6]
The Bill had its first reading in the House of Lords on 14 July 1854.[7] The Bill had its second reading in the House of Lords on 18 July 1854 and was committed to a Committee of the Whole House, which met and reported on 20 July 1854, without amendments.[7] The Bill had its third reading in the House of Lords on 8 August 1854 and passed, with amendments.[7]
The amended Bill was considered and agreed to by the House of Commons on 9 August 1854.[6]
The Bill was granted royal assent on 11 August 1854.[7]
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Provisions
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Section 1 of the act provided that the short title of the act is "The Merchant Shipping Repeal Act, 1854".[8]
Section 2 of the act provided that the interpretation of terms in the Merchant Shipping Act (17 & 18 Vict. c. 104) act be incorporated into the act.[8]
Section 3 of the act provided that the act was to take effect at the same time as the Merchant Shipping Act (17 & 18 Vict. c. 104).[c][8]
Section 4 of the act repealed 48 acts or part of acts, listed in Schedule (A.) to the act, with some safeguards and exceptions for actions done before the commencement of the act.[8]
Section 5 of the act provided that Local Marine Boards appointed under the Mercantile Marine Act 1850 (13 & 14 Vict. c. 93) continue to act until 4 February 1857.[8]
Section 6 of the act made consequential amendments to the Pilotage Law Amendment Act 1853 (16 & 17 Vict. c. 129).[8]
Section 7 of the act allowed the Board of Trade to pay for the expenses of life boats out of the Mercantile Marine Fund, immediately from the passing of the act.[8]
Section 8 of the act continued the liabilities on the Mercantile Marine Fund as the Merchant Shipping Law Amendment Act 1853 (16 & 17 Vict. c. 131).[8]
Section 9 of the act provided that wages from seamen or apprentices received before 1 January 1852 be applied as if they had been received under the Merchant Shipping Act (17 & 18 Vict. c. 104).[8]
Section 10 of the act provided that the Receiver General of Droits of Admiralty shall conform to directions of the Board of Trade.[8]
Section 11 of the act empowered the Board of Trade to appoint receivers.[8]
Section 12 of the act provided for payment of receivers.[8]
Section 13 of the act provided that fees received by receivers, serjeants, deputies or other officers be allowed for personal use.[8]
Section 14 of the act provided that the Ninth Part of the Merchant Shipping Act (17 & 18 Vict. c. 104) come into force and that the Merchant Shipping Act 1786 (26 Geo. 3 c. 86) and Responsibility of Shipowners Act 1813 (53 G. 3. c. 159) be repealed immediately on the passing of the act.[8]
Section 15 of the act provided that criminal proceedings under the Seamen's Fund Winding-up Act 1851 (14 & 15 Vict. c. 102), the Pilotage Law Amendment Act 1853 (16 & 17 Vict. c. 129) and Merchant Shipping Law Amendment Act 1853 (16 & 17 Vict. c. 131) be carried under the same manner as the Merchant Shipping Act (17 & 18 Vict. c. 104).[8]
Section 16 of the act provided that the penalty on masters of ships leaving seamen in the United Kingdom from Asia, Africa, the South Sea, the Pacific Ocean or any country not having a consul in the United Kingdom be a fine not exceeding 30l.[8]
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Legacy
The qualified terms of the repeal led to several acts being repealed by later Statute Law Revision Acts, including:
In 1876, the Customs Consolidation Act 1876 (39 & 40 Vict. c. 36) was passed, which further consolidated the customs law.
Section Four, the first proviso, section five, section seven from "and this" to the end of that section, section eight from "and whereas" to the end of that section, section nine, section ten from "and this" to the end of that section, section twelve from "and this" to the end of that section and section fourteen were repealed by the Statute Law Revision Act 1875 (38 & 39 Vict. c. 66).
The preamble, sections 3 and 4 and the schedule were repealed by the Statute Law Revision Act 1892 (55 & 56 Vict. c. 19).
In 1894, the Merchant Shipping Act 1894 (57 & 58 Vict. c. 60) was passed, which further consolidated merchant shipping law and repealed section 16 of the act.
Sections 6 and 8 were repealed by the Statute Law Revision Act 1950 (14 Geo. 6. c. 6).
Section 15 was repealed by the Statute Law Revision Act 1963 (c. 30).
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Repealed enactments
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Section 4 of the act repealed 48 enactments, listed in the schedule to the act, to take effect at the same time as the Merchant Shipping Act 1854 (17 & 18 Vict. c. 104).[d][8] The section provided exceptions for:
- Any Provisions contained in the Act of the Seventh Year of His late Majesty King William the Fourth, Chapter Seventy-nine,[e] as to Title, Application of Purchase Money, or borrowing Money, and having relation to the Power of purchasing Lighthouses given to the Trinity Board by the same Act:
- Any Security duly given before this Act comes into operation.
- Any Thing duly done before this Act comes into operation.
- Any Liability accruing before this Act comes into operation.
- Any Penalty, Forfeiture, or other Punishment incurred or to be incurred in respect of any Offence committed before this Act comes into operation:
- The Institution or Prosecution of any legal Proceeding or any other Remedy for ascertaining, enforcing, or recovering any such Liability, Penalty, Forfeiture, or Punishment as aforesaid:
- Any Appointment, Byelaw, Regulation, or Licence duly made or granted under any Enactment hereby repealed, and subsisting at the Time when this Act comes into operation and the same shall continue in force, but shall be subject to such Provisions of the Merchant Shipping Act, 1854, as are applicable respectively.
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See also
Notes
- Lighthouses Act 1836 (6 & 7 Will. 4. c. 79)
- This act was repealed wholly by the Statute Law Revision Act 1874 (37 & 38 Vict. c. 35): "Repealed by 17 & 18 Vict. c. 120. s. 3. with savings; as to parts saved, spent, or superseded by 17 & 18 Vict. c. 104. Part VI., or inoperative."
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References
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