The Merchant Shipping Repeal Act 1854 ( 17 & 18 Vict. c. 120) was an act of the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

that repealed various enactments relating to

merchant shipping Maritime transport (or ocean transport) or more generally waterborne transport, is the transport of people (passengers or goods (cargo) via waterways. Freight transport by watercraft has been widely used throughout recorded history, as it pro ...

in the United Kingdom.

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's ''

Commentaries on the Laws of England The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarend ...

'', published in the late

18th-century The 18th century lasted from 1 January 1701 (represented by the Roman numerals MDCCI) to 31 December 1800 (MDCCC). During the 18th century, elements of Enlightenment thinking culminated in the Atlantic Revolutions. Revolutions began to cha ...

, raised questions about the system and structure of the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

and the poor drafting and disorder of the existing

statute book The Statute Book is "the surviving body of enacted legislation published by authority" in "a number of publications". In England at the end of 1948, the Statute Book printed by authority consisted of the twenty-four volumes of ''The Statutes: Se ...

. In 1806, the

Commission on Public Records The Record Commissions were a series of six Royal Commissions of Great Britain and (from 1801) the United Kingdom which sat between 1800 and 1837 to inquire into the custody and public accessibility of the state archives. The Commissioners' work ...

passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825,

The Statutes of the Realm ''The Statutes of the Realm'' is an authoritative collection of acts of the Parliament of England from the earliest times to the Union of the Parliaments in 1707, and acts of the Parliament of Great Britain passed up to the death of Queen A ...

was published, providing for the first time the authoritative collection of acts. 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". 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. 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 In the United Kingdom, there are several Secretaries to the Treasury, who are Treasury ministers nominally acting as secretaries to HM Treasury. The origins of the office are unclear, although it probably originated during Lord Burghley's tenure ...

John Charles Herries John Charles Herries PC (November 1778 – 24 April 1855), known as J. C. Herries, was a British politician and financier and a frequent member of Tory and Conservative cabinets in the early to mid-19th century. Background and education Herri ...

, asked J. D. Hume, Controller of the

Port of London The Port of London is that part of the River Thames in England lying between Teddington Lock and the defined boundary (since 1968, a line drawn from Foulness Point in Essex via Gunfleet Old Lighthouse to Warden Point in Kent) with the North Se ...

, to "undertake the preparation of a general law, or set of laws, for the consolidation of the customs of the United Kingdom". 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: 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. 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." 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. 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 The Customs Consolidation Act 1853 ( 16 & 17 Vict. c. 107) was an act of the Parliament of the United Kingdom that consolidated the various enactments relating to customs in the United Kingdom. Background In the United Kingdom, acts of Parli ...

( 16 & 17 Vict. c. 107) was passed, consolidating more customs enactments. In 1854, the

Merchant Shipping Act 1854 The Merchant Shipping Act 1854 ( 17 & 18 Vict. c. 104), also known as the Imperial Shipping Act 1854, is an act of the Parliament of the United Kingdom. It was passed on 10 August 1854, together with the Merchant Shipping Repeal Act 1854 ( 17 ...

( 17 & 18 Vict. c. 104) was passed to consolidate and amend the law relating to

across several centuries of law, rendering old statutes redundant.

Passage

The Merchant Shipping Acts Repeal Bill had its

first reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...

in the

House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...

on 2 March 1854, presented by the

President of the Board of Trade The president of the Board of Trade is head of the Board of Trade. A committee of the His Majesty's Most Honourable Privy Council, Privy Council of the United Kingdom, it was first established as a temporary committee of inquiry in the 17th centur ...

Edward Cardwell Edward Cardwell (178723 May 1861) was an English theologian also noted for his contributions to the study of English church history. In addition to his scholarly work, he filled various administrative positions in the University of Oxford. ...

. The Bill had its second reading in the

on 18 March 1854 and was committed to a Committee of the Whole House, which met and reported on 1 July 1854 with amendments. The amended Bill was re-committed to a Committee of the Whole House, which met and reported on 10 July 1854, without amendments. The Bill had its

third reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...

in the

on 13 July 1854 and passed, without amendments. The Bill had its

in the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

on 14 July 1854. The Bill had its

second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...

in the

on 18 July 1854 and was committed to a Committee of the Whole House, which met and reported on 20 July 1854, without amendments. The Bill had its

in the

on 8 August 1854 and passed, with amendments. The amended Bill was considered and agreed to by the

on 9 August 1854. The Bill was granted

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...

on 11 August 1854.

Provisions

Section 1 of the act provided that the

short title In certain jurisdictions, including the United Kingdom and other Westminster system, Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title an ...

of the act is "The Merchant Shipping Repeal Act, 1854". Section 2 of the act provided that the interpretation of terms in the

Merchant Shipping Act Merchant Shipping Act (with its variations) is a stock short title used in Malaysia and the United Kingdom for legislation relating to merchant shipping. Merchant shipping acts and regulations also exist as well in other countries, and they are so ...

( 17 & 18 Vict. c. 104) act be incorporated into the act. Section 3 of the act provided that the act was to take effect at the same time as the

( 17 & 18 Vict. c. 104). 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. 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. Section 6 of the act made consequential amendments to the Pilotage Law Amendment Act 1853 ( 16 & 17 Vict. c. 129). Section 7 of the act allowed the

Board of Trade The Board of Trade is a British government body concerned with commerce and industry, currently within the Department for Business and Trade. Its full title is The Lords of the Committee of the Privy Council appointed for the consideration of ...

to pay for the expenses of life boats out of the Mercantile Marine Fund, immediately from the passing of the act. 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). 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

( 17 & 18 Vict. c. 104). Section 10 of the act provided that the Receiver General of Droits of Admiralty shall conform to directions of the

. Section 11 of the act empowered the

to appoint receivers. Section 12 of the act provided for payment of receivers. Section 13 of the act provided that fees received by receivers, serjeants, deputies or other officers be allowed for personal use. Section 14 of the act provided that the Ninth Part of the

( 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. 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

( 17 & 18 Vict. c. 104). 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.

Legacy

The qualified terms of the repeal led to several acts being repealed by later

Statute Law Revision Acts Statute Law Revision Act (with its variations) is a stock short title which has been used in Antigua, Australia, Barbados, Bermuda, Canada, Ghana, the Republic of Ireland, South Africa and the United Kingdom, for Acts with the purpose of statute l ...

, including: *

Statute Law Revision Act 1874 A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

( 37 & 38 Vict. c. 35) In 1876, the

Customs Consolidation Act 1876 The Customs Consolidation Act 1876 (39 & 40 Vict. c. 36) was an Act of Parliament (United Kingdom), act of the Parliament of the United Kingdom that further consolidated the various enactments relating to Customs law, customs in the United Kingd ...

( 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 The Statute Law Revision Act 1875 (38 & 39 Vict c 66) is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill. This Act was partly in force in Great Britain at the end of 2010. The enactments ...

( 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 55 may refer to: *55 (number) * 55 BC * AD 55 * 1955 *2055 Science *Caesium, by the element's atomic number Astronomy *Messier object M55, a magnitude 7.0 globular cluster in the constellation Sagittarius *The New General Catalogue object NGC ...

. c. 19). In 1894, the

Merchant Shipping Act 1894 The Merchant Shipping Act 1894 ( 57 & 58 Vict. c. 60) was an act of the Parliament of the United Kingdom that consolidated enactments relating to merchant shipping in the United Kingdom. Background In the United Kingdom, acts of Parliamen ...

( 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 The Statute Law Revision Act 1950 ( 14 Geo. 6. c. 6) is an act of the Parliament of the United Kingdom. This act was partly in force in Great Britain at the end of 2010. The enactments which were repealed (whether for the whole or any part o ...

( 14 Geo. 6. c. 6). Section 15 was repealed by the

Statute Law Revision Act 1963 The Statute Law Revision Act 1963 (c. 30) was an act of the Parliament of the United Kingdom. The whole act was repealed by section 1 of, and Part XI of the Schedule to, the Statute Law (Repeals) Act 1974. The enactments which were repeale ...

(c. 30).

Repealed enactments

Section 4 of the act repealed 48 enactments, listed in the schedule to the act, to take effect at the same time as the

( 17 & 18 Vict. c. 104). 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, 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.

Notes

References

{{Authority control United Kingdom Acts of Parliament 1854 1854 in transport Merchant Shipping Acts

Background

Passage

Provisions

Legacy

Repealed enactments

See also

Notes

References