That this Act may be cited as the "The Mercantile Marine Act, 1850…"

26. And be it enacted, That the "Board of Trade" shall deliver to every Applicant who is reported by the Local Examiners to have passed the Examination satisfactorily, and to have given satisfactory Evidence of his Sobriety, Experience, Ability, and general good Conduct on Shipboard, a Certificate to the Effect that he is competent to act as Master or Mate, herein-after called a Certificate of Competency.

27. And it be enacted, That Persons who have before the First Day of January One thousand eight hundred and fifty-one served as Masters or Mates in the British Merchant Service, or have attained or hereafter may attain the Rank of Lieutenant, Master, Passed Mate, or Second Master, or any higher Rank, in the Naval Service of Her Majesty or of the East India Company, shall be entitled without Payment of any Fee, to Certificates of Service as Masters or Mates (as the Case may be), differing in Form from "Certificates of Competency," and herein-after called "Certificates of Service;" and each of such Certificates shall contain Particulars of the Name, Place, Time of Birth, and of the Length and Nature of the previous Service of the Person to whom the same is delivered; and the "Board of Trade" shall deliver to any Person who proves himself to have served as Master in such Manner and before such Time aforesaid, or to have attained the Rank as aforesaid, and who also gives full and satisfactory Account of the Particulars aforesaid, a "Certificate of Service" either as Master or Mate, as he may desire, and shall deliver to any Person who proves himself to have served as Mate in such Manner and before such Time as aforesaid, and who also gives a full and satisfactory Account of the Particulars aforesaid, a "Certificate of Service" as Mate; and the "Board of Trade" may also, in Cases in which it thinks fit so to do, give Certificates of Competency in lieu of Certificates of Service to any deserving Persons who have attained such Rank as above mentioned, or who before this Act comes into operation have obtained Certificates from the "Board of Trade," without requiring them to be examined.

28. And be enacted, That if any Master or Mate is convicted of a Misdemeanor under this Act, or is superseded by the Order of a Naval Court constituted as herein-after mentioned, the "Board of Trade" may thereupon cancel or suspend his Certificate, whether of Competency or Service; and if the "Board of Trade" or any Local Marine Board has Reason to believe that any Master or Mate is from Incompetency or Misconduct unfit to discharge his Duties, such Board may either institute an Investigation, or if expedient, the "Board of Trade" may direct the Local Marine Board at or nearest to the Place at which it may be convenient for the Parties and Witnesses to attend to institute the same; and thereupon such Persons as the "Board of Trade" may appoint for the Purpose, or, as the Case may be, the Local Marine Board, shall, with the Assistance of a Local Stipendiary Magistrate (if any), and if there is not such Magistrate, of a competent legal Assistant to be appointed by the "Board of Trade," conduct the Investigation, and may summon the Master or Mate to appear, and shall give him full Opportunity of making a Defence, either in Person or otherwise, and may exercise any of the Powers of procuring Evidence herein-after given to Special Inspectors appointed by the "Board of Trade," and shall on the Conclusion of the Investigation make a Report upon the Case to the "Board of Trade;" and if such Report is to the Effect that such Master or Mate is, either from Incompetency, or from habitual Drunkenness, or from tyrannical Habits, unfit to discharge his Duties, the "Board of Trade" may cancel or suspend his Certificate, whether of Competency or Service; and every Master or Mate whose Certificate is cancelled or suspended shall thereupon deliver it to the "Board of Trade," or as it may direct; and such Board may at any subsequent Time grant a fresh Certificate to any Person whose Certificate has been cancelled, and it may pay the Expense of any such Investigation as aforesaid, and may pay to such Magistrate or legal Assistant as aforesaid such Remuneration as it may deem fit: Provided always, that no Person interested in any Ship shall take part in any Investigation relating thereto or to the Conduct or Competency of any Master or Mate thereof.

29. And be enacted, That all Certificates, whether of Competency or Service, shall be made in duplicate, and one Part shall be delivered to the Person entitled to the Certificate, and the other shall be kept and recorded by the Registrar of Seamen or by such other Person as the "Board of Trade" may direct so to do; and the Board shall give the Registrar or such other Person immediate Notice of all Orders made by it for cancelling, suspending, altering, or otherwise affecting any Certificate; and the Registrar or such other Person as aforesaid shall thereupon make a corresponding Entry in the Record of Certificates; and a Copy purporting to be certified by the Registrar or his Assistant or by such Person aforesaid of any Certificate shall be primâ facie Evidence of such Certificate, and a Copy purporting to be so certified as aforesaid of any Entry made as aforesaid in respect of any Certificate shall be prima facié Evidence of the Truth of the Matters stated in such Entry; and in case any Master or Mate proves to the Satisfaction of the "Board of Trade" that he has innocently lost or been deprived of any Certificate already granted to him, the Board shall, upon Payment of such Fee (if any) as it may direct, cause a Copy of the Certificate to which by the Record so kept as aforesaid he appears to be entitled to be made out and certified as aforesaid, and to be delivered to him, and any Copy which purports to be so made and certified as aforesaid shall have all the Effects on the Original.

30. And be it enacted, That no "Foreign-going Ship" shall go to Sea, unless the Master and the First and Second Mates or the only Mate (as the Case may be), if engaged to serve in those Capacities at the Commencement of the Voyage, have obtained and possess valid Certificates either of Competency or Service appropriate to their several Stations; and no Officer of Customs shall clear Outwards any such "Ship" or permit any such "Ship" to proceed to sea unless such appropriate Certificates are produced to him; and the Tidewaiters left on board shall be maintained at the Expense of the Master or Owner until such Certificates are produced, and Clearance may be delayed till such Expense is satisfied.

31. And be it enacted, That every Person who makes or procures to be made or assists in making any false Representation for the Purpose of obtaining for himself or for any other Person a Certificate either of Competency or Service, or who fraudulently forges or alters, or procures to be forged or altered, or assists in forging or altering, any such Certificate or any official Copy of any such Certificate, or who fraudulently makes use of any such Certificate or any Copy of any such Certificate which is forged, altered, cancelled, suspended, or to which he is not justly entitled, for each Offence shall either be deemed guilty of a Misdemeanor, or shall be liable summarily to a Penalty not exceeding Fifty Pounds, or to Imprisonment not exceeding Three Months, with or without hard Labour, as the Justice of the Court hearing the Case may think fit; and every Person who neglects or refusing to give up a cancelled or suspended Certificate when required by the "Board of Trade" so to do, or who, having been engaged to serve as Master or as First or Second Mate or Only Mate of any "Foreign-going Ship," goes to Sea as such Master or Mate without being at the Time entitled to and possessed of a valid and appropriate Certificate, or who employs any Person as Master or Mate of any such "Ship" as aforesaid knowing him not to be entitled at the Time to a valid and appropriate Certificate, shall for each such Offence be liable to a Penalty not exceeding Fifty Pounds.

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