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LONDON: STEVENS & SONS, 119, CHANCERY LANE, 1876. LONDON BBADBURY, AGNEW, & CO., PRINTERS, WHITEFRIABS. PBEFACE. The Merchant Shipping Act, 1876, which came into operation on the 1st of October, 1876, is the fifteenth Act of Parlia- ment relating exclusively to Merchant Shipping that has been passed since 1854. In the year 1854- the whole of the then existing statute law on this subject was repealed and consoli- dated into one Act, which may appropriately be called a Mer- chant Shipping Code. Since that time the enormous develop- ment of our commerce, the changes in shipbuilding, and the ever-increasing care for the preservation of life at sea, have caused fourteen other Acts to be added to that of 1854. By these enactments many sections of the Act of 1854 are repealed or modified, new provisions are engrafted on to those that are still in force, and new rules are made on subjects not considered in it. Besides this, the subsequent Acts repeal and modify portions of each other in the same way. Thus the possession of separate copies of each of the Acts is not only in many cases useless, but may be misleading. Added to this, numerous Orders in Council have been issued, pursuant to powers given by Parliament, and these repeal and alter each other in the vi PREFACE. same way as the Acts, and moreover are only to be found in the voluminous back files of the London Gazette. Finally, many of the enactments are not perfectly clear in their mean- ing, and have had to be construed and explained by the Law Courts. The present work has aimed at collecting these various sources of law, and presenting them more or less in the form of a Code. The Act of 1854 is taken as the basis of the work, and to each of its sections there are added sections of subse- quent Acts, together with any Orders in Council and decided cases relating to the same topic. Besides this, there are inter- spersed throughout the work in the form of notes, the leading principles of the Maritime or Common Law on all the subjects treated of in the Acts ; and for this purpose the cases in the United States Courts, and especially those in the Supreme Court, have been referred to, besides those decided in this country. The American cases, though not absolutely binding on our Courts, always receive the highest consideration, espe- cially on questions of maritime law, since their judgments are in most cases founded on precisely the same principles as those which prevail in our Courts. Questions of Admiralty jurisdic- tion have also been considered wherever they arise, and the work contains a summary of the powers and jurisdiction of the County Courts in Admiralty, and also of the Vice Admiralty Courts abroad. It is hoped that it may prove useful to mem- bers of the legal profession who are occupied with shipping PREFACE. VI questions as a book of reference, and to shipowners, masters, and others practically engaged in shipping, as a means of know- ing what their duties are, and what liabilities they are subject to for neglecting them ; also to consular officers, government officials, and others employed in carrying out the Acts, as a means of ascertaining their powers, and the mode provided for giving them effect. 2, King's Bekch Walk, Tempie, 2nd N'miember, 1876, CONTENTS. PAGE Preface v Plan of the Book . xi Table op Cases xiii Table of Statutes xxiii The Merchant Shipping Acts, 1854 to 1876 . . 1—469 The Passengers Acts, 1855 to 1870 . . . 471—548 Appendix : EuLBS FOR Courts of Survey .... 549—563 EuLES foe Investigations into Shipping Casualties 563—568 INDEX 569 PLAN OF THE BOOK. The sections of each of the Acts that relate to the same subject have been collected, and, as far as possible, put together, so that the whole legislation on any point may be seen at once. The schedules are placed after the section re- lating to them. Sections repealing or amending others, have not been set out at length, but the repeals or amendments effected by them are noted under the sections that they alter. An attempt has been made to introduce a uniformity of terms throughout the Acts. Thus in the Act of 1854, the terms " shipping masters " and " shipping offices " are used, but as these names were abolished by the Act of 1862, and those of '' superintendent of a mercantile marine office," and " mercantile marine offices," substituted, the latter have been used throughout, and so on with other changes of name ; where any powers or duties are transferred from one body or person to another, the name of the body or person now exer- cising the powers or performing the duties, is substituted for the one originally mentioned in the enactment. Orders in Council, rules, &c., are placed with the sections treating of the same subject. The numbers of sections on the Xll PLAN OF THE BOOK. top of the margin of each page show what sections of the principal Act are contained in each page. A reference to the Table of Statutes will show on what page any section of any of the other Acts may be found. Finally, to facilitate to the utmost the finding of anything in the book, the Index has been made as copious as possible. TABLE OF CASES. Ada, The, 274 Admiral Boxer, The, 301, 345 Adventure, The, 384 ^olus. The, 405 Aginoourt, The, 208, 217 Agra, The, 278 Agricola, The, 301, 333, 334 Ailsa, The, 259 Aimo, The, 277 Albert Crosby, The, 127 Albion, The, 414 Aldworth V. Stewart, 618 Alerta, The, 65 Alexander, The, 99, 225 Alexander v. Simms, 36 Aline, The, 418, 419 Allan, The, 278 Allen V. Mackay, 278 Alma, The, 407 Amalia, The, 425 Amazon, The, 378 America, The, 217 American, The, and the Syria, 268, 274 American Insurance Go. v. Johnson, 415 Ameriqne, The, 381 Amphitrite, The, 193, 216 Anderson v. Eoss, 209 Andrew Wilson, The, 390 Andrews v. Durrant, 56 Anglo-Indian, The, 277 Anna, The, 421 Annapolis, The, 270, 302, 345 Anne Johanne, The, 259 Anon. (2 Ch. Ca. 36), 36 Apollo, The, 36 Aqmla, The, 380, 384, 392, 406 Arabella, The, 66 Araminta, The, 147 Ardincaple, The, 314 Argos, Cargo ex ; The Hewsons, 453 Arkle v. Henzell, 60 Arthur v. Barton, 419 Atkins V. Burrows, 167 Atkinson v. Bell, 55 — V. Maling, 55 Atlantic, The, 158 Atlas, The (2 Hagg. Adm. 53), 98 — (5 Notes of Cases, 50), 345 — (Lush. 518), 382, 391, 414, 415 Attwood V. Case, 208, 326 , Augusta, The (1 Dods. Adm. 283), 422 — (1 Hagg. Adm. 16), 369 Aurora, The (Lush. 327), 264 — (1 Wheat. Am. 96), 420 Australia, The, 56, 104, 105, 457 Australian Steam Navigation Co. v. Morse, 105 Aztecs, The, 380 Baker, Ex parte ; re the Isis, 67 Baltic Merchant, The, 158, 216 Baring v. Day, 413 Barnard v. Syne, 418 Barnes, Captain, of the Locksley Hall, case of, 208 Bartley, The, 383 Beadnell v. Beeson, 454 Beaumaris Castle, The, 454 Beaver, The, 167 Bee, The, 262, 413 Beldon v. Campbell, 420 Bell V. Bank of London, 16 — V. Blyth, 17, 72 Bello Corrunes, The, 414 Benares, The, 260, 418 Bengal, The, 169 Bergstrom v. Mills, 166 Beta, The, 331 Bilboa, The, 283 Bill V. Smith, 270 Birkenhead, The, 260 Birkley v. Presgrave, 421, 422 Blaine v. The Charles Carter, 99 Blaireau, The, 380, 405 Blake, The, 158, 216 Blakeney, The, 171 Blenden Hall, The, 380, 392, 413 Blenheim, The, 279 Boardman v. Brig Elizabeth, 216 Boddingtons, The, 99 XIV TABLE OF OASES. Bold Bucoleugh, The, 65, 71, 260, 417 BoHna, The, 258 Bomarsund, The, 415 Bonaparte, The, 99 Bond V. Brig Cora, 384 Bonita, The, 104, 105 Borussia, The, 283 Boson V. Sandford, 36 Boston, The Schooner, 415 Bougainville, The, 265, 266, 275 Boyoe v. Bayliffe, 518 Branston, The, 405, 518 Brennan v. Preston, 210 Brig Nestor, The, 417, 420 Brig Sarah Ann, The, 104 British Linen Co. v. Dniininond, 261 British Lion, The, 456 Broader Trow, The, 283 Brown v. Cornwell, 422 — „. Lull, 166 — V. Tanner, 73 Bulmer, The, 216 Button V. Thompson, 159, 168, 217 Calotjita, The, 259 CaUa, The, 264 Cambridge, The, 167, 217 Camilla, The, 158 Cammelli). Sewell, 65 Campbell v. Steamer Tlucle Sam, 166 CanOTa, The, 385, 386 Cape Packet, The, 414, 415 Capella, Cargo ex, 382 Cargo ex Argos ; The Hewsons, 453 — ez CapeUa, 382 — ex Galam, 413, 419 — ex Hamburg ; Duranty v. Hart. 419, 422 — ex Honor, 406 — ex "Woosiing, 384, 406, 407 Caroline, The, 414 Carrier Pigeon, The, 381 Carsley v. White, 259 Castilia, The, 165, 217 Castrique v. Imrie, 65, 460 Catherina Maria, The, 273 Catherina, The, 99, 104 Catherine, The Schooner, o. Dickin- son, 259 Catherine of Dover, The, 259 Caze V. ReUly, 422 Centurion, The, 406 Chamberlain v. Chandler, 518 — V. Ward, 264 Champion, The, 391 Chancellor, The ; Williams v. (Jutoli, 262 Chandler v. Gfrieves, 165, 202 Chaney v. Payne, 322 Chanonry, The, 274, 277 Charles, The, 406 Charles Adolphe, The, 414 Charlotte, The, 376, 380, 405 Charlotte Wylie, The, 413 Chase, The, 456 Chesapeake, The, 274 Chieftain, The, 173 Christiana, The (7 Moo. P. G. 160), 345 Christie v. Griggs, 471 Christinia, The, 301, 302 City of Brooklyn, The, 276, 277 City of Cambridge, The, 301 City of Dublin Steam Packet Co. v. Thompson, 25 City of Edinburgh, The, 379 City of Guatemala, 276 City of London, The (1 W. Rob. 88), 167 — (Swa. 245), 259, 264 City of Petersburg, The, 466 Clarisse, The, 392 Cleadon, The ; Stevens ii. Gourley, 268, 302 Clifton, The, 379 Cloutman v. Tunison, 159, 216 Clyde, The, 260 Clyde Navigation Co. v. Barclay, 345 Cobequid Marine Insurance Co. n. Barteaux, 105 Coffin «. Jenkins, 171, 216 Collins v. Lamport, 72 Columbia, The, 277 Columbian Insurance Co. v. Ashbv, 422 Comet, The, 259 Commerce, The, 278 Commonwealth v. Ricketson, 302, 315, 322 Compagnie Geu^rale Transatlantique V. Owners of the Spray ; the Amgrique, 381 Concordia, The, 274 Constable's, Sir R., case, 369 Constitution, The, 273 Continental, The, 258, 264, 279, 280 Cope V. Doherty, 262 Copenhagen, The, 421 Corbin v. Leader, 472 Coromandel, The, 383 Cosmopolitan, The, 392 Couch «. Steele, 130 Covington v. Roberts, 422 Cranston v. Marshall, 472 Crockett v. Newton, 278 Crofts V. Waterhouse, 472 Crow V. Rogers, 156 Crus v.. The, 385 C. S. Butler, The, 4, 264, 415 TABLE OF CASES. XV Cuba, The, 390 Gushing V. The John Frazer, 259, 268 Cutter D. PoweU, 158, 159, 166, 167 Cynthia, The, 226 Da Costa v. Edmunds, 422 Dantzic Packet, The, 392, 401, 415 Daring, The, 173 Darling, The, 419 DaTies v. Mann, 259 — •«. Child, 420 Davis V. Johnson, 36 Dawn, The, 169 Dawson, In re, 169 Deau V. McGhie, 72 Delamanier w. Winteringham, 166 De la Vega v. Vianna, 261 Delaware, The, 273 De Lovio v. Boit, 439, 451 De Mattos v. Gibson, 72 Despatch, The, 276 Diana, The (1 W. Kob. 131), 301, 345 — (2Asp. Mar. L. Ca. 367), 392 Dickinson v. Kitchen, 71 Dionissis ii. The Queen, 97 Diplock V. Blackburn, 210 Di Sora v. Phillips, 65, 461 Dixon V. The Ship Cyrus, 130 Doctor Van Thunnen TeUow, The, 455 Dodge Healy, The, 380 Don V. Lippman, 243, 261, 419 Dove, The, 415 DoweU V. Steam Navigation Co., 259 Dowse, The, 452 Dowthorpe, The, 417, 419 Draco, The, 99, 457 Dublin, City of, Steam Packet Co. V. Thompson, 25 Duchess of Kent, The, 158 Duchesse de Brabant, The, 260 Duke of Bedford, The, 100 Duke of Manchester, The, 801, 414 Duranty v. Hart, 419, 422 Baling G-kovb, The, 217 Earl of Auckland, The, 319, 320, 823 336 Earl of Eglington, The, 406 Earl Grey, The, 414 Earl Spencer, The, 277 Ebenezer, The, 381 Eden, The, 302 Edward Oliver, The, 419 Edward v. Trevellick, 217 Eleanor, The, 219 Eliza, The (1 Hagg. Adm. 186), 165 — (3 Hagg. Adm. 89) 100 Eliza, The (Holt, 67), 272 Eliza Cornish, The Segredo or, 105, 225 Elizabeth, The (2 Dods. 405), 167 — (L. K. 3 Adm. & Eccl. 33), 465 Elizabeth, Ship, v. Riokers, 197 Ella A. Clarke, The, 421 Elpis, The, 462 Elsworth V. Woolmore, 146, 164 Emancipation, The, 99 Emblem, The, 384 Empire State, The, 264 Empress, The, 464 Emulous, The, 381 Enchantress, The (1 Hagg. Adm. 395), 208, 518 Enchantress, The (Lush. 96), 414 Energie, The; Meidbrodt v. Fitz- simon, 466, 466, 467 Energy, The, 302 Esk, The, 269 Europa, The (14 Jur. 629), 259, 276, — (Rr. &Lush. 210), 418 European, &c., Co. v. Eoyal Mail, &c., Co., 71, 72 Everard v. Kendall, 452 Ewell Grove, The, 380 Excelsior, The, 284 Exchange, The, 438 Exeter, The, 100 Express, The, 268 Falcon, The, 65 Fanny M. CarviU, The, 265, 280 Farmer v. Davies, 420 Farragut, The, 280 FarweU v. Boston, &c., Eailway Cor- poration, 130 Favourite, The (2 C. Rob. 237), 225 — (2 W. Rob. 268), 406 Fenham, The, 264 Fenix, The, 392 Ferguson, Ex parte, 4 Feronia, The, 173, 419 Flad Oyen, The, 65 Fleece, The, 392 Fleur-de-Lis, The, 172, 173 Florence, The, 392, 405, 415 Flying Fish, The, 260 Forest, The, 202 Forest Queen, The, 455 Forsboom v. Krugar, 166 Fortitude, The, 420 Frances, The, 60 Frankland, The, 275 Frazer v. Hutton, 146, 171 Frederick, The (5 C. Rob. 8), 171 — (1 Hagg. Adm. 211), 217 XVI TABLE OF CASES. Frederick, The (1 W. Rob. 16), 327, 405 Friends, The, 278 Fniiter, The, 273 Furnisa v. Brigg Magoun, 100 Fusilier, The, 382, 383 Galam, Cargo ex, 413, 419 Ganges, The (L. R. 2 A. & E. 370), 168 — (1 Notes of Cases, 90), 406 Gardner v. Cazenove, 55, 71 — V. McCutcheon, 210 General de Caen, The, 345 General Iron-Screw Co. v. Schur- manns, 451 General Lee, The, 275 General Steam Navigation Co. v, British Colonial Navigation Co., 334 Generous, The, 385 Genneasee, The, 384 Gentanner, The, 173 George, The (1 Sumn. (Am.) 151), 225 — (4 Notes of Cases, 161), 345 George Artie, The, 269, 270 George Dean, The, 414 Germania, The, 266, 275 Gertrude, The, 413 Gibson V. Ingo, 50 Gillanv. Simpkin, 472 Gipsy, The, or the Uniao Vencedora, 105 Girolamo, The, 276 Gjessing v. The Hansa, 275 Glaholm V. Barker, 426, 430, 431, 433 Glannibanta, The, 258, 260, 279 Glasgow Packet, The, 392, 415 Glasgow, The, or The Ya Maoraw, 104 Glengaber, The, 382 Godard v. Grray, 65 Golendrina, The, 414 Golubchiok, The, 169 Gondolier, The, 158 Gordon v. Massachusetts Insurance Co., 105 Goss V. Lord Nugent, 154 Gould V. Oliver, 422 Governor Raffles, The, 158, 405 Gratitudine, The, 99 Gray Eagle, The, 280 Great Eastern, The (Br. & L. 287), 276 — (11 L. T. N. S. 516), 405 Great Pacific, The, 99 Greely v. Waterhouse, 100 Green v. Briggs, 36 Grignon v. Aston, 460 Haidbb, The, 457 Halley, The, 261, 345 Hamburg, The, 99 Hammond v. Blake, 302, 315 Hand v. The Elvira, 380 Haunai, The, 319, 321, 333 Hanson v. Rowell, 217 — V. Royden, 147, 167, 225 Harford v. Jones, 381, 413 Harmer v. Bell ; The Bold Buccleugh (7 Moo. P. C), 65, 71, 260, 417 Harriett, The, 390 Harris v. Anderson, 258 — V. Carter, 146, 147 — V. Watson, 146 Harrison, Expa/rte, 35 — V. Sterry, 419 Hartley v. Ponsonby, 147 Heart of Oak, The, 100 Hebe, The, 100, 327, 405 Hector, The, 380 Heim v. McCanghan, 472 Helen, The, 369 Helena, The, 65 Helgoland, The, 100 Henrich and Maria, The, 65 Henry, The, 385 Henry v. Newcastle Trinity House Board, 319 Henry Ewbank, The, 382, 391 Horsey, The, 99, 419 Herzogin Marie, The, 173 Hewitt V. Corry, 454 Hewsons, The ; Cargo ex Ai'gos, 453 Hibernia, The, 280 Hill V. Andus, 433 Himalaya, The, 380 Hoghton, The, 146 Holdemess v. Lamport, 17 Honor, Cargo ex, 406 Hooper v. Gunun, 54 Hope, The, 380, 414 Horn V. Gilpin, 36 Hossaok V, Gray, 319 Houthandel, The, 415 Hunter, The, 100 — V. Parker, 104 HuntsviUe, The, 275 Hurry v. ship John and Alice, 100 Hutchinson v. The York, Newcastle, &c., Rail. Co., 130 iMMAaAHbA Sara Clasiha, The, 259 Inca, The, 381, 329 TABLE OF CASES. XVll Independence, The, 268 India, The, 380 Industrie, The, 259 Industry, The, 380, 405 Ingraham v. Albee, 216 InnisfaUeu, The, 71 lona, The, 345 Isabella, The (2 C. Eob. 241), 154, 456 — (3 Hagg. Adm. 428), 386 Isis, The ; Ex parte Baker, 67 Itinerant, The, 276 Jackson v. Sims, 167 Jago da Cuba, St., The, 166 James Armstrong, The, 385 Jane, The, 276 Jansen v. Heinrich, 146 Jeffreys v. Small, 35 Jennie S. Barker, The, 274, 279 Jenny Lind, The, 419 Jesmond, The, and the Earl of Elgin, 275 J. G. Paint, The, 385 John Counter, The, 268 John Erans, The, 454 John Dunn, The, 418 John E. Holbrook, The, 207 John Fenwick, The, 279 John Perkins, The, 405 Johnson v. Shippen, 99 Jones V. Simons, 419 Jonge Andries, The, 327, 385, 386, 405 . Josephine, The, 197 Julia, The, 301 Juliana, The, 146, 169 Jupiter, The, 216 Justin V. Ballam, 420 Karnak, The, 420 Kerswill v. Bishop, 73 Killaraey, The, 315 King V. Franklin, 518 Kingaloch, The, 385, 386 Kingston-by-Sea, The, 268 Kinter's case, 55 Laoon v. Liffen, 44 Lady CampbeU, The, 158 Lady Catherine Barham, The, 395 Lady Worsley, The, 414 Lancashire, The, 276, 373 Lancaster Canal Co. v. Parnaby, 283 Langdon Cheves, The, 166 Langton v. Horton, 55 Lano V. Neate, 55 La Plata, The, 268 Larnax, The, 270 Laura, The (2 Saw. Am. 242), 202 — Dionissis v. ,,The Queen (3 Moo. P. C. N. S. 181), 97 Laurence v. Creokett, 457 Law V. HoUingsworth, 302 Leary v. Lloyd, 208 Le Cheminant v. Pearson, 43 Le Conteur v. London and South Western Eail. Co., 426 Lejonet, The, 405 Leland v. The Medora, 99 Lenox v. United Insurance Co., 422 Leo, The, 426 L'Etoile, 219 Lima, The, 158 Limland v. Stephens, 217 Linda, The, 259 Linda Flor, The, 418 Lindsay v. Gribbs, 36 Lion, The, 333, 345 Liver Alkali Co. v. Johnson, 423 Liverpool Borough Bank v. Turner, 37, 54, 71 Lizzie, The, 99 Lloyd V. Guibert, 93 Lloyd's, The, or Sea Queen, 334 LochUbo, The, 301 Looksloy Hall, The, case of Capt. Barnes of, 208 Lockwoods, The (1 Stu. (V. Adm.) Queb. 123), 146 — (9 Jur. 1017), 381 London Merchant, The, 381, 384, 385 London and South Western Kail. Co. V. James, 426 Loodianah, The, 382 Lord Advocate v. The Clyde Naviga- tion Co., 17 Lord Cochrane, The, 100 Loretta, The, 454 Loring v. lUsley, 210 Louisa, The, 385 Lustre, The, 406 MoKuNB V. Joynson, 157 McMillan v. Union Insurance Co. 302 Madonna d'Idra, The, 169, 418 Magdalen, The, 414, 415 Magna Charta, The, 276 Magnet, The, 280 Maid of Auckland, The, 259 Mair V. Q-lennie, 171 Malta, The, 158, 166 Marengo, The, 36 Margaret Mitchell, The, 104 Margaret Stevenson, The, 467 Maria, The, (1 W. Rob. 110) 301 - (Edw. 175) 413 Maria Luisa, The, 386 h XVlll TABLE OF CASES. Marmipn, The, 277 Marpesia, The, 258 Marriott v. The Anchor Reversionary Co., 71 Martha, The, 414 Martin Luther, The, 414 Mary, The, 166 Mary and Dorothy, The, 457 Mary Ann, The, (9 Jur. 94) 169 — (L. R. 1 A. & E. 8), 173 — (2 Mar. ,L. Cas. 191), 390 Mai7anne, The (9 Ir. Jur. N. S. 60), 385 Mary Pleasants, The, 407 Mary Stewart, The, 259 - Mason v. The Blaireau, 380, 405 Mellona, The, 260 Menetone v. Gibbons, 457 Mentor, The Ship, 158, 209 Merrimac, The, 405 Mersey Docks Trustees v. Gribbs, 283 Miedbrodt v. Fitzsimon ; The Energie, 465, 466, 467 Milford, The, 173 Miller v. Brant, 159, 216 Milward v. Hibbert, 422 Minehaha, The, 386 Minerva, The, 146, 169, 217 M. Moxham, The, 261 Mona, The, 456 Monroe v. Douglas, 460 Monticello, The, 271 Morning Star, The, 260 MoseUe, The, 334 Moslem, The, 130 Mountaineer, The, 406 Mueklow V. Mangles, 55 Mumford v. NiooU, 35 Murray v. Moultrie, 208 Nabragahsem, The, 260 Nellie The 415 Nelson, The (1 Hagg. Adm. 175), 99, 100, 418 — (6 C. Rob. 231), 324 Nelson v. Couch, 169 Neptune, The, (1 Hagg. Adm. 238) 169, 405 — (3Knapp, P. C. 94), 420 Neptune the Second, The, 302 Nestor, The Brig, 417, 420 New Draper, The, 210 Newman r. Walters, 405 New Phoenix, The, 158 New York and Virginia Co. v. Calder- ■wood, 275 Nicholas v. Dracaohis, 67 Nicolina, The, 406, 414 Nile, The, 407 Nimrod, The, 202 Nor, The, 275, 277 Normandy, The, 426 North Star, The, 422 Northern Indiana, The, 276 Northumbria, The, 426 Nostra Signora de los Dolores, The, 17 Nugent V. Smith, 423, 424 Nuova RaffaeUina, The, 453 Nymph, The, 417 Obey, The, 426 Ocean, The, 381 Olive, The, 158 One Hundred and Ninety-four Shawls, 262 Onni, The, 421 Onward, The, 100 Orbana, The, 413 Oregon, The Steamer, v. Roeca, 278 Orient, The, 260, 418 Oriental, The ; Wallace v. Fielden, 419 Orozimbo, The, 167 Or J V. Dickinson, 17 Osmanli, The, 99, 100 Otter, The, 276 Owen WaUis, The, 264 Paoipio, The, 472 Pallmer v. Rouse, 369 Palmyra, The, 414 Panama, The, 99 Panda, The, 369 Panthea, The, 173 Paul, The, 382 Paul V. Eden, 202 Pauline, The, 376, 451 Peace, The, 382 Peake v. Carrington, 322 — V. Screech, 321 Pearl, The, 216 Peek V. Sanderaon, 275 Peerless, The, 302, 451 Pennsylvania, The (19 Wall. Am. 113), 276 — (3 Mar. Law. Caa. 477), 276 Pentuoket, The, 381 Pericles, The, 381 Perrott v. Bryant, 171 Perseverance, The, 17, 55 Peters v. Warren Insurance Co., 421 Phillips V. Eyre, 261 — V. Headlam, 302 — V. McCaU, 405 Phcebe, The, 456 TABLE OF CASES. XIX Pike V. Baloh, 99 Pittsburgh v. Grier, 283 Poland V. The Spartan, 169 PoUock V. McAlpin, 345 Polymede, The, 260 Pontiao, The, 381 Pope V. Niokerson, 99 Portsmouth, The, 301 Powell V. Gudgeon, 422 Power V. Whitmore, 422 Pratt V. Cuff, 166 — V. Reed, 419 Preudergast v. Compton, 518 Price V. Easton, 156 Pride of Canada, The, 168 Prince George, The, 100 Prinoesan Loviaa, The, 273, 278 Princess Alice, The, 386 — Helena, The, 173, 210 Priscilla, The, 100 Providence, The, 147, 167 Purissima Concepcion, 406 Pyrws, The, 273 Pjrenee, The,. 413 QtTEEif Mab, The, 378 E. V. Allen, 440 — V. Anderson, 438 — V. CoUingridge, 111 — V. Forty-nine Casks of Brandy, 369, 376, 451 — v. Hamstall, 125 — V. Jemot, 440 — V. Lambe, 326 — V. Lesley, 438 — V. Local Marine Board of London, 111 — V. Neale, 326 — V. Property derelict, 369 — 1). Sattler, 438 — V. Stanton, 319, 320 — V. Tomlinson, 112 — V. Totness, 125 — V. Two Casks of TaUow, 369, 376 Eaikes, The, 381, 385 Kajah, The, 427 — of Cochin, The, 173, 174, 187 Sanger, The, 380 — and The Cologne, 274 Kapid, The, 406, 415 Easche, The, 384 Eebecca, The, 376 — Clyde, The, 380, 386 Bedhead v. Midland Eail. Co., 471, 472 Eeward, The, 385 Ehadamanthe, The, 100 Rhode Island, State of, v. State of Massachusetts, 460 Rhodes V. Leach, 518 Ribley Grove, The, 456 Riga, The, 420 Robinett v. The Exeter, 154, 158, 167 Robins v. Power, 166, 167 Roe, The, 406 Roebuck, The, 158 Rogers v. The St. Charles, 264, 270 Rona, The, 266 Rosalie, The, 381, 415 Rose, The, (L. R. 4 A. & E. 6) 17, 72 — (2 W. Rob. 1) 276 Rose V. Himely, 459, 460 Royal Arch, The, 100, 457 — Charter, The, 345 Royalist, The, 210 Ruckers, The, 518 Rusden v. Pope, 73 St. Jagg da Cuba, The, 166 St. John V. Paine, 275 St. Olaf, The, 260 Salacia, The (2 Hagg. Adm. 262), 381 — (Lush. 546), 418 . Samuel Laing, The, 4.')5 Santipore, The, 381 Sapphire, The, 259 Saracen, The ; Barnard v. Hyne, 418 Sarah Ann, The Brig, 104 Sarah Bell, The, 392 Sarah Jane, The, 406 Saratoga, The (2 Gall. (Am.) 178), 166 — (Lush. 318), 382 Sarquy v. Hobson, 422 Savin v. The Juno, 168 Sawyer v. Maine Fire Insurance Co., 460 Saxonia, The (Lush. 410), 262, 279, 451 Schooner Boston, The, 415 Schooner Catharine v. Dickinson, 269 Schooner Til ton. The, 104 Schwalbe, The, 345 Scioto, The, 270 Scotia, The, 263, 275 Sea Queen, The Lloyd's or, 334 Seccombe v. Wood, 270 See Renter, The, 210 Segredo, The, or Eliza Cornish, 105, 225 Sherwood v. Mcintosh, 209 Ship Elizabeth v. Rickers, 197 Ship Mentor, The, 158, 209 b 2 XX TABLE OF CASES. Ship Packet, The, 99 Silliman v. Lewis, 264 Silver Bullion, The, 378 Sims V. G-urney, 421 Sir R. Aberorombie, The, 414 Sisters, The (5 0. Rob. 155), 54 — (1 P. D. C. A. 117) 260 — (32 L. T. N. S. 837) 425 Skull V. Shakespeare, 56 Smith V. Condry, 261 — V. The Creole, 268 — V. Kirby, 426 — V. Wright, 422 Sociedade Feliz, The, 219 Somes V. British Empire Insurance Co., 420 Sophie, The, 420 Spirit of the Age, The, 382, 414 Spirit of the Ocean, The, 17, 43, 64, 425 Spring, The, 273 Stainbauk v. Penning, 99 — ii. Shepherd, 99, 100 Stapleton v. Haymen, 44, 54 State of Rhode Island v. State of Massachusetts, 460 Steam Ship Co. v. Rumball, 280 Steamer Oregon v. Kocca, 278 Stella, The, 382- Stettin, The, 334 Stevens v. Gourley ; The Cleadon, 268, 302 Stilk V. Myrick, 146 Strathnaver, The, 380, 385, 390 Strelly v. Winson, 36 Sturgis V, Boyer, 269 Sunnyside, The, 274 Swan, The, 415 Sylph, The, 169 Taylor v. Laird, 158 Tecumseh, The, 225, 456 Tees, The ; the Pentucket, 381 Temora, The, 322 Test, The, 216 Theodore, The, 385 Thetis, H.M.S. the (3 Hagg. Ad. 48), 379, 381, 384, 414 Thetis, The (L. R. 2 A. & E. 365), 415 Thomas v. Lane, 440 — V. Osbom, 420 Thomas Pielden, The, 384 Thompson v. Beale, 166 — V. Finden, 420 — V. Havelock, 210 — V. North Eastern Rail. Co. . 283 Thornton v. Belaud, 322 Three Sisters, The, 456 Tilton, The schooner, 104 Tirman, In re, 441 Train v. Bennett, 159, 165 Travellers, The, 381 Tritonia, The, 413 True Blue, The, 385 Turliani, The, 421 Two Brothers, The, 455 Two Ellens, The, 73, 417 Two Friends, The f 2 W. Rob. 353), 379 — (1 C. Rob. 278), 405 Two Sisters, The, 216 tJHLA, The, 258 Ulary v. Ship Washington, 217 Undaunted, The, 380, 382 Underwriter, The, 391 Uniao Vencedora, The, or the Gipsy, 105 Union, The (3 Ir. Jur. N. S. 462), 380 — (Lush. 137), 418, 419 Union Steam Ship Co. v. N. Y. and Va. Steam Ship Co., 258 United States v. Holmes, 440 — e. Matthews, 217 — V. Smith, 441 U. S. Grant, The, 268 Vangitakd, The, 166 Vaux V. Sheffer ; The Immaganda Sara Clasina, 259 Velasquez, The, 275, 345 Velocity, The, 274 Victor, The, 260, 418, 426 Victoria, The (Sw. 408), 210 — (3 W. Rob. 56), 276 Ville da Havre, The, 279 Vine, The, 405 Virden v. Brig Caroline, 385 Virgil, The, 258, 259, 276 Virgin, The, 100 Vivid, The, 276 Volant, The, 260, 418 Volcano, The, 260 Vrede, The, 405, 518 Wallace v. Fielden; the Oriental, 419 Waller v. Sonth-Easteru Rail. Co., 130 Walthew v. Mavrojani, 421 Walton V. the Neptune, 1 67 Warrior, The (Lush. 476), 166, 405 — (L. R. 3 A. & E. 553), 274 Wataga, The, 421 TABLE OF CASES. XXI Waterloo, The, 406 Watson V. Christie, 518 Watt, The, 382, 391 "Waverley, The, 385 Webster v. Seekamp, 420 Wenona, The, 274 Wesley, The, 334 West Friesland, The, 421 Westminster, The, 380, 385, 413 Westmoreland, The, 128, 215, 217 Weston V. Penniman, 54 WestphaUa, The, 271, 275, 276 Wheelwright v. Depeyster, 65 Wild Ranger, The, 418 Wiley V. Craufurd, 50 WilUam Beckford, The, 380 WilUam and John, The (Br. & L. 49), 172, 384 WilUam and John, The (Lush. 582), 454 William F. Safford, The, 418 William Lindsay, The, 258, 259, 283 William Money, The, 417 Williams ». AIlsup, 72 — o. Amroyd, 460 Williams v. Wutch ; the Chancellor, 262 WiUing V. Blight, 36 Wilson V. Bank of Victoria, 422 — V. Newport Dock Co., 284 Wolf V. Summers, 472 Wolverine, The, 273 Wood V. Bell, 56 Woodrop Sims, The, 258 Woods V. Read, 72 Woosung, Cargo ex, 384, 406, 407 Yallop, ExpaHe, 37, 54 Ya Macraw, The, 104 Yates ». Duff, 472 Young, Ex parte, 35 — V. Fewson, 472 Zbphyk, The(llL.T., N. S. 351),260, — (2 Hagg. Adm. 43), 406 Zephyi-us, The, 382 Zeta, The, 374, 392 Zodiac, The, 225, 420 Zollverein, The, 262 TABLE OF STATUTES. MERCHANT SHIPPING ACTS. The Mercliant Shipping Act, 1854, 17 & 18 VioT. 0. 104. The sections of tliis Act are set out in order, from page 1 to page 469. Schedule. Form A. „ B. „ C. „ D. F. G. H. I. K. L. PAGE . 34 . 37 . 40 . 45 . 52 . 57 . 59 . 62 . 67 . 73 . 74 Form M. „ N. . . . „ 0. Table P. . „ Q. . . :: 1; ■ , • . • „ T. . . . „ U. . . „ V. . . . „ w. . . • ■ ; PAGE 78 80 86 114 115 119 225 293 308 376 409 The Merchant Shipping Repeal Act, 1854, 17 & 18 VioT. D. 120. 1. Short title . . . not cited. 2. Construction . . ,, 3. Commencement . . ,, 4. Repeal of other Acts . ,, 5. Repealed by Statute Law Revision Act, 1875. 6. Amends another Act . not cited. 7 418 8. Spent. 9. Repealed by Statute Law Bevision Act, 1875. 10 358 11 358 12 377 13. , 377 14. Repealed by Statute Law Revision Act, 1875. 15 446 16 192 Schedule of Acts Repealed, not cited. XXIV TABLE OF STATUTES. The Mercluint Shipping Act Amendment Act, 1855, 18 & 19 Vioi. c. 91. PASE PAQE 1. Short title and construction 13. Repealed by 34 & 35 Vict. not cited. c. 110, s. 12. 2. 362 14. 22 3. 353 15. 97 4. 353 16. 192 5. 353 17. 163 6. 353 18. 229 7. 353 19. 415 8. 353 20. 377 9. 43 21. 437 10. 54 22. 463 n. • 91 23. 462 12. 90 24. Saving of former Acts, not cited. The Merchant Shipping Act Amendment Act, 1862, 25 & 26 ViOT. c. 63. Repealed by 36 & 37 Vict, c. 85, s. 1. Short title and conslructiou 33 not cited. 2. Repeal of other Acta . „ 34 3 43 35 4. . .. . . 25 36 5. . 118 37 6. . 118 38 7. . 119 8. . 120 39 9. . 121 40 10. . 123 41 11. . 211 42 12. . 289 43. 13. . 107 44. 14. . Ill 45 15. . 112 46. 16. . 116 47 17. . 117 48 18. . . 168 49 19. . 187 50 20. 178 51. 21. . 178 52. 22. . 190 53 23. . 212 54 24. . 213 55 25. . 262 56 26. . 279 57 27. . 279 58 28. . 280 59 29. Repealed by 36 & 37 Yiot. 60 c. 85, s 33. 61 30. . 281 62 31 282 63. 32. . 282 64 c. 85, by 36 33. & 37 Vict, . 291 . 296 . 297 298 . 307 . 311 . 321 . 344 . 348 . .350 . 361 . 351 352 . 363 . 388 . 384 . 395 . 397 . 398 . 424 . 426 . 426 . 284 . 284 . 379 . 26 . 284 . 285 . 285 . 285 TABLE OF STATUTES. XXV 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. PAGE . 436 6 . 464 . 466 . 467 . 467 . 467 . 467 . 468 . 468 75. 76. 77. 78. PAOE . 468 . 469 . 469 . 469 SOHKD. Table A. Statutes i „ B. „ C. . not cited. . 119 . . 263 The Merchant Shipping Act, 1854, Amendment Act, 1867, 30 & 31 ViOT. c. 124. 1. Short title and construction 6. . . . . . . 201 not cited. 7. . ... 202 2. Eepealed by Statute Law 8. 203 Revision Act, 1875. 9. . ... 204 3. Repealed by Statute Law 10 203 Revision Act, 1875. 11 437 4 197 12 436 5 201 1. 2. 3. The Colonial Shipping Act, 1868, 31 & 32 Vict. c. 129. 47 47 206 4. Construction . 5. Short title not cited. 2'lie Merchant Shipping [Colonial) Act, 1869, 32 Vict. c. 11. 1. Short title . . not cited. 2 2 3. Commencement of Act not cited. 4 7 5. Repeal of other Acts . not cited. 6 27 7 .2 8. . . . .123 Tlie Merchant Shipping Act, 1871, 34 & 35 Vict. c. 110. 1. Short title . . not cited. 2. Construction . • >> 3. Commencement of Act ,, 4. Repealed by 36 & 37 Vict c. 85, s. 33. 5 252 6 32 7 217 228 9. Eepealed by 36 & 37 Vict, c. 85, s. 33. 10. Repealed by 36 & 37 Vict. c. 85, B. 33. 11. Repealed by 39 & 40 Vict. c. 80, s. 45. 12. Repeal of other Acts', not cited. XXVI TABLE OF STATUTES. The Merchant Shipping Act, 1872, 35 & 36 ViOT. c. 73. PAGE PAGE 1. Short title . not cited. 11 318 2. Commencement • »» 12. Repealed by 37 & 38 Vict. 3. . . . . 22 c. 51, s. 8. 4 . . . . . . -46 13 304 5. . . . . 475 14. Repealed by 39 & 40 Vict. 6 . . 536 c. 80, s. 45. 7. . . . . 478 15 488 8 . . 286 16. . . . . . . 163 9. . . . . 324 17 192 10 . . 342 Tlie Merchant Shipping Act, 1873, 36 & 37 Vict. c. 85. 1. Short title not cited. 20 . . 257 2. Construction • it 21. ... . 257 3. , , . 33 22 . . 298 4. 253 23. ... . 298 5. , , 33 24 . . 299 6. . . . 90 25. ... . 299 7. . 128 26 . . 299 8. . 130 27. ... . 299 9. 218 28 . . 300 10. . 116 29. ... . 28 11. Repealed by 39 & 40 Vict 30 . . 487 c. 80, s. 45. 31. ... . 14 12. do. do. 82. Time clause not cited. 13. do. do. 33. Repeal of other Acts ,, 14. do. do. 15. , 254, -256 SOHED. 16. • • . , . . 280 I. ... . . 257 17. , . 280 II . 303 18. • . . . 256 III. . . 487 39. ' * 302 The Merclumt Shipping Act, 1875. The whole Act is repealed by the Merchant Shipping Act, 1876. The Merchant Shipping Act, 1876. 1. Short title ... 1 8. . . . . . 247 2. Construction 1 9. . . . . 247 3. Commencement of Act 6 10. . . . 247 4 244 11. . . . . 248 5 129 12. . . . 249 6 244 13. . . . . 249 7 246 14. . 282, 289, 478 TABLE OF STATUTES. xxvu PAGE PAOE 15. . 2.50 31. 373 16. . . . 292 32. . . 364 17. . 479 33. 365 18. . 292, 480 34. 95 19. . 480 35. 442 20. . . . 505 36. 28 21. . 493 37. 7 22. . . . 250 38. 7 23. . 251 39. 11, 248, 360, 368 24. . . . 251 40. 437 25. . 30 41. 5 26. . . . 30 42. 5 27. . . 31 43. 5 28. . . . 32 44. 8 29. . 367 45. Repeal of other Acts not cited. 30. . . . 367 Schedule of Acts repealed ,, THE PASSENGERS ACTS. The Passengers Act, 1855. The sections of this Act are set out In order on pages 471-548, SCEED. A. Repealed by 26 & 27 Yict. c. 51, s. 4. B 483 C 521 D 524 E 527 F 527 G 528 SCHBD, H. . I. K. . L. M. . N. 0. . 529 525 529 530 533 539 539 The Passengers Act Amendment Act, 1863. Short title Commencement B.epeal section 9. 10. 11. not cited. )> . 474 . . 475 not cited. . . 485 . 486 . . 497 . 503 . . 503 . 510 12. Kepeal section 13. 14. . 15. 16. . 17. 18. Construction SOHBD. A. not cited. . 477 . . 513 . 514 . . 614 . 522 . . 471 51& XXVm TABLE OF STATUTES. / The Passengers Act Amendment -Act, 1870, 33 & 34 Vict. ^. 95. paoe page 1. Short title . not cited. I 3 498 2. Construction . . . 471 ' THE MERCHANT SHIPPING ACTS, 1854 TO 1876 (CONSOLIDATED). The " Meechaht Shipping Act, 1854," 17 & 18 Vict. c. 104. The " Mbechaitt Shipping Eepeal Act, 1854," 17 & 18 Vict. c. 120. The "Meechant Shipping Act Amendment Act, 1855," 18 & 19 Vict. c. 91. The "Merchant Shipping Act Amendment Act, 1862," 25 & 26 Vict. c. 63. The " Meechant Shipping Act, 1854, Amendment Act, 1867,' 30 & 31 Vict. c. 124. The " Colonial Shipping Act, 1868," 31 & 32 Vict. o. 129. The "Meechant Shipping (Colonial) Act, 1869," 32 Vict. c. 11. The "Meechajtt Shipping Act,- 1871," 34 & 35 Vict. c. 110. The ." Merchant Shipping Act, 1872," 35 & 36 Vict. c. 73. The " Meechant Shipping Act, 1873," 36 & 37 Vict. c. 85. The " Merchant Shipping Act, 1876," 39 & 40 Vict, c. 80. Whereas it is expedient to amend and consolidate the Acts relating to Merchant Shipping : be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons m this present parliament assembled, and by the authority of the same, as follows : Preliminary, 1. This Act maybe cited for all purposes as " The Merchant Shipping Act, 1854." The other Acts may be cited by the names in the above list. 39 & 40 Vict. c. 80 s. 2.— This Act (The Merchant Ship- Constructiou. ping Act, 1870) shall be construed as one with the Merchant B §1. 1, 2. Definitions. "Her Majesty's dominions." " United Kingdom." " Britisli possession.'' THE MEECHANT SHIPPING ACTS, 1834 TO 1876. Shipping Act, 1854, and the Acts amending the same ; and - the said Acts and this Act may be cited collectively as the "Merchant Shipping Acts, 1854 to 1876." 2. In the construction and for the purposes of this Act (if not inconsistent with the context or subject matter) the fol- lowing terms shall have the respective meanings hereinafter assigned to them ; that is to say, " Her Majesty's dominions" shall mean Her Majesty's dominions strictly so called, and all territories under the government of the East India Company (a), and all other territories (if any) governed by any charter or licence from the Crown or Parliament of the United Kingdom : " The United Kingdom" shall mean Great Britain and Ireland : " British possession" shall mean any colony, plantation, island, territory or settlement within Her Majesty's dominions, and not within the " United Kingdom : " In" The Merchant Shipping (Colonial) Act, 1869" (32 Vict. c. 11, s. 2), the term " British possession " means any territory or place situate within Her Majesty's dominions, and not forming part of the United Kingdom, or of the Channel Islands, or Isle of Man ; and all territories and places under one legislature as hereinafter defined are deemed to be one British possession for the purposes of this Act. It is not specially enacted that this Act shall be construed with the Merchant Shipping Acts ; but there is nothing in the Act inconsistent with such a construction. - "Canada."' "Legisla- ture." "Colony." 32 Vict. c. 11, s. 7.— In the construction of "The Merchant Shipping Act, 1854," and of the Acts amending the same, Canada shall be deemed to be one British possession 32 Vict. c. 11, s. 2.— The term " legislature" includes any person or persons who exercise legislative authority in the British possession, and where there are local legislatures as well as a central legislature, means the central legislature In "The Courts (Colonial) Jurisdiction Act," 1874 (37 & 38 Vict. c. 27, s. 2), the term "colony" shall not include any places withm the United Kingdom, the Isle of Man, or the Channel Islands, but shall include such territories as may for (a) Dissolved by 36 & 37 Viot. c. 17, s. 36. DEFINITIONS. § s. the time being be vested in Her Majesty by virtue of an Act of Parliament for the Government of India, and any plantation, territory, or settlement situate elsewhere within Her Majesty's dominions, and. subject to the same local government ; and for the purposes of this Act, all plantations, territories, and settle- ments under a central legislature shall be deemed to be one colony under the same local government. This Act, which consists practically of only one section (s. 3), contains nothing to prevent its being construed with the Merchant Shipping Acts. "The Treasury" shall mean the commissioners of Her "Treasury." Majesty's Treasury : " The Admiralty" shall mean the Lord Sigh Admiral or the commissioners for executing his office : " The Board of Trade" shall mean the Lords of the Com- mittee of Privy Council appointed for the consideration of matters relating to trade and foreign plantations (J) " The Trinity House" shall mean the master, wardens, and assistants of the guild, fraternity, or brotherhood of the most glorious and undivided Trinity and of St. Clement, in the parish of Deptford Strond, in the county of Kent, commonly called the Corporation of the Trinity House of Deptford Strond : " The Port of Dublin Corporation " shall mean the Corpora- " Port of tion for Preserving and Improving the Port of Dublin : potation. ™' "Admi- ralty." ' Board of Trade." " Trinity House." By the " Dublin Port Act, 1867," 30 Vict. c. 81 (local and personal), s. 2, Change of the Port of Dublin Corporation was divided into two separate Corporations, name. one to regulate the management of the lighthouses of the district, and to be called " the Commissioners of Irish Lights," the other to undertake the management of the port, and to be called " the Dublin Port and Docks Board." These new names are substituted throughout these Acts, without reference beiug made to the enactment making the change. " Consular officer " shall include consul general, consul, and "Consular vice-consul, and any person for the time being dis- charging the duties of consul general, consul, or vice- consul : " Keceiver " shall mean any person appointed in pursuance "Eeceiver." of this Act receiver of wreck : " Pilotage authority" shall include all bodies and persons "Pilotage authority. " (b) They may be described in all Acts of Parliament, contracts, deeds, &c., as "the Board of Trade" without expressing theii- names (24 & 25 Vict, c. 47, s. 63.). ^ 2 THE MERCHANT SHIPPING ACTS, 1854 TO 1876. §s. " p;ir>+ " PUot." "Qualified pilot." "Master.'' "Seaman." "Salvor." " Person." "Ship." " Foreign- going ship. " " Home-trade ship." authorised to appoint or license pilots, or to fix or alter rates of pilotage, or to exercise any jurisdiction in respect of pilotage : " Pilot " shall mean any person not belonging to a ship who has the conduct thereof : " Qualified pilot " shall mean any person duly licensed by any pilotage authority to conduct ships to which he does not belong : " Master " shall include every person (except a pilot) having command or charge of any ship : " Seaman " shall include every person (except masters, pilots, and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship : " Salvor " shall, in the case of salvage services rendered by the oflBcers or crew or part of the crew of any ship belonging to Her Majesty, mean the person in command of such ship : " Person" shall include body corporate. " Ship " shall include every description of vessel used in navigation not propelled by oars : The oriterioji as to whether a vessel falls under the category of ship, is, whether the vessel be one whose real habitual business is to go to sea ; if so, though propelled by oars as well as sails, it is a ship within the mean- ing of the Act. If she does not go to sea at all she is not a ship in this sense (c). " Foreign-going Ship " shall include every ship employed in trading or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits : that is to say, the coasts of the United Kingdom, the islands of Guernsey, Jersey, Sark, Aldemey, and Man, and the continent of Europe between the river Elbe and Brest inclusive : " Home-trade ship" shall include every ship employed in trading or going within the following limits : that is to say, the United Kingdom, the islands of Guernsey, Jersey, Sark, Aldemey, and Man, and the continent of Europe between the river Elbe and Brest inclusive : (c) Ex parte Fergmon, L. R. 6 Q. B. 280 ; The 0. S. Butler, L E 4 A. & E. 2il. DEFINITIONS. Home-trade passenger ship" shall mean every home-trade § 2. ship employed in cai-rying passengers " Lighthouses" shall, in addftion to "the ordinary meaning pas^e^er*™*^" of the word, include floating and other lights exhibited ship." for the guidance of ships, and " buoys and beacons " '' ^^s^^, shall include all other marks and signs of the sea : " "Wreck" shall include jetsam, flotsam, lagan, and derelict "Wreck." found in or on the shores of the sea or any tidal water : In the Merchant Shipping Act, 1876, the following terms are used with the meanings respectively assigned to them for each country. By section 2 of that Act it is enjoined that " this Act shall be construed as one with the Merchant' Shipping Act, 1854:, and the Acts amending the same." These terms, therefore, if used in the other Acts, have the same meanings as in the Act of 1876. 39 & 40 Vict. 0. 80, s. 41. — In the application of this Act Application of to Scotland, ^^^^° Scot- The provision with respect to a prosecution not -being insti- tuted except by or with the consent of the Board of Trade shall not apply. (See imder sec. 291,^. 244.) " Judge of a county court," shall he deemed to include a sheriff and sheriff substitute, and " Registrar of a county court " shall be deemed to include sheriff derk, and " A master of the Supreme Court of Judicature " shall mean the Queen's and Lord Treasurer's Remembrancer. 39 & 40 Vict. c. 80, s. 42. — In the application of this Act Application of to Ireland,— Act to Ire- " Judge of a county court " shall be deemed to include ' "chairman of a county," and "the recorder of any borough" ; " Registrar of a county court " shall be deemed to include the clerk of the peace or registrar or other person dis- charging the duties of registrar of the Court, of the chairman of a county, or the recorder of a borough ; " Stipendiary magistrate " shall be deemed to include any of the justices of the peace in Dublin metropolis and any resident magistrate, and " A Master of the Supreme Court of Judicature " shall mean one of the masters of the superior courts of common law in Ireland. 39 & 40 Vict. c. 80, s.43. — In the application of this Act to Application of the Isle of Man,— , ^<=* *» I«l« °f " Judge of a county court " shall mean the water bailiff ; "' " Stipendiary magistrate " shall mean a high bailiff j "Registrar of a county court," shall mean a clerk to a deemster or a clerk to justices of the peace ; 6 THE MERCHANT SHIPPING ACTS, 1854 TO 1876. §§ 2 3. " -^ master of the Supreme Court of Judicature " shall mean ^ — '— the clerk of the rolls. " Report." "Entry."' "Goods." " Wharf." ' ' "Ware- house. " "Wharf- owner. " "Ware- house owner." " Ship- owner. " " Owner of Commence- ment of Acts. The following terms (used in sees. 66 to 77 of " The Mer- chant Shipping Act Amendment Act, 1862," 25 & 26 Vict. c. 63, see Part XI.), shall have the respective meanings hereby assigned to them, if not inconsistent with the context or sub- ject matter ; that is to say. The word " Keport" shall mean the report required by the Customs Laws to be made by the master of any importing ship : The word "Entry" shall mean the entry required by the Customs Laws to be made for the landing or discharge of goods from an importing ship : The word " Goods " shall include every description of wares and merchandise : The word "Wharf" shall include all wharves, quays, docks, and premises in or upon which any goods when landed from ships may be lawfully placed : The word " Warehouse " shall include all warehouses, build- ings, and premises in which goods when landed from ships may be lawfully placed : The expression " Wharf Owner " shall mean the occupier of any wharf, as hereinbefore defined : The expression " Warehouse Owner " shall mean the occu- pier of any warehouse, as hereinbefore defined : The word " Shipowner " shall include the master of the ship and every other person authorised to act as agent for tJie owner, or entitled to receive the freight, demurrage, or other charges payable in respect of such ship : The expression " Owner of Goods " shall include every person who is for the time being entitled, either as owner or agent for the owner, to the possession of the goods, subject, in the case of a lien, if any, to such lien. 3. This Act shall come into operation on the 1st day of May, 1855. 39 & 40 Vict. c. 80, s. 3. "The Merchant Shipping Act, 1876," shall come into operation on the 1st day of October, 1876 (which day is in this Act referred to as the commence- EXEMPTIONS. ment of this Act) ; nevertheless any Orders in Council and 88 3 4 general rules under this Act may be made at any time after ^? — - — '- the passing of this Act but shall not come into force before the commencement of this Act. Exemptions. 4. This Act shall not, except as hereinfter specially pro- Exemption of vided, apply to ships belonging to Her Majesty. Her Majesty's ships. Foreign Ships. 39 & 40 Vict. c. 80, s. 37. — Whenever it has been made to appear to Her Majesty that the government of any foreign state is desirous that any of the provisions of the Merchant Shipping Acts, 1854 to 1876, or of any Act hereafter to be passed amending the same, shall apply to the ships of such State, Her Majesty may by Order in Council declare that such of the said provisions as are iu such Order specified shall (subject to the limitations, if any, contained in the Order) apply, and thereupon, so long as the Order remains iu force, such provisions shall apply (subject to the said limitations) to the ships of such State, and to the owners, masters, seamen, and apprentices of such ships when not locally withiu the jurisdiction of such State, iu the same manner in all respects as if such ships were British ships. Power for Her Majesty by Order in Council to apply certain provisions of Merchant Shipping Acts to foreign ships. Council. Orders in Council. 39 & 40 Vict. c. 80, s. 38. — Where Her Majesty has power Provision as under the Merchant Shipping Act, 1854, or any Act passed or *° ^^^'^^' ™ hereafter to be passed amending the same, to make an Order in Council, it shall be lawful for Her Majesty from time to time to make such Order in Council, and by Order in Council to revoke, alter, or add to any Order so made. Every such Order in Council shall be published in the London Gazette, and shall be laid before both Houses of Par- liament within one month after it is made, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. Upon the publication of any such Order in the London Gazette, the Order shall, after the date of such publication, or any later date mentioned in the Order, take effect as if it were enacted by Parliament. Coasting Trade of British Possessions. 32 Vict. c. 11 (The Merchant Shipping (Colonial) Act 1869), g. 4. After the commencement of this Act the legislature of a British possession by any Act or ordinance, from time to time, COASTING TRADE. §§ 4, 5. Saving for Colonialin- land waters. Division of Act. may regulate the coasting trade of that British possession, sub- ject in every case to the followiag conditions : (1.) The Act or ordinance shall contain a suspending clause, providing that such Act or ordinance shall not come into operation until Her Majesty's pleasure thereon has been publicly sigTiified in the British possession in which it has been passed. (2.) The Act or ordinance shall treat all British ships (in- cluding the ships of any British possession) in exactly "the same manner as ships of the British possession in which it is made. (3.) Where by treaty before the passing of this Act Her - Majesty has agreed to grant to any ships of any* foreign state any rights or privileges ia respect of the coasting trade of any British possession, such rights and privi- leges shall be enjoyed by such ships for so long as Her Majesty has already agreed or may hereafter agree to grant the same, anything in the Act or ordinance to the contrary notwithstanding. 39 & 40 Vict. c. 80, s. 44.— Nothing in this Act {" The Merchant Shipping Act, 1876,") shall apply to any vessel employed exclusively in trading or going from place to place in any river or inland water, of which the whole or part is in ' any British possession, and the provisions of this Act relating to deck cargo shall not apply to deck cargo carried by a ship engaged in the coasting trade of any British possession (see under sec. 291, p. 251). 5. This Act shall be divided into eleven parts : The first part relating to the Board of Trade : its general ftmctions : The second part to British ships : their ownership, mea- surement and registry : The third part to masters and seamen : The fourth part to safety and prevention of accidents : The fifth part to pilotage : The sixth part to lighthouses : The seventh part to the Mercantile Marine Fund : The eighth part to wrecks, casualties, and salvage : The ninth part to liability of shipowners : The tenth part to legal procedure : The eleventh part to miscellaneous matters. THE BOARD OF TRADE. PAET I. THE BOARD OP TRADE : ITS GENERAL PUNCTIOKS. 6. The Board of Trade shall be the department to under- §§ 6-8. take the general superintendence of matters relating to mer- Z 7~„ chant ships and seamen, and shall be authorised to carry into Trade to be execution the provisions of this Act, and of all other Acts •iepartmentto ^ ' _ superintend relatiag to merchant ships and seamen in force for the time merchant being, other than such Acts as relate to the revenue. shipping. 7. All documents whatever purporting to be issued or Certificates written by or under the direction of the Board of Trade, and ments°pu'r- purporting either to be sealed with the seal of such Board, porting to be sbQiIbq. or or to be signed by one of the secretaries or assistant secre- signed in a, taries to such Board, shall be received in evidence, and shall be gi^en manner deemed to be issued or written by or under the direction of j^ evidencr the said Board, without further proof, unless the contrary be shown ; and all documents purporting to be certificates issued by the Board of Trade in pursuance of this Act, and to be sealed with the seal of such Board, or to be signed by one of the officers of the Marine Department of such Board, shall be received in evidence, and shall be deemed to be such certi- ficates, without further proof, unless the contrary be shown. 8. The Board of Trade may from time to time prepare and Board of sanction forms of the various books, instruments, and papers fo^s Jf ^^™® required by this Act other than those required by the second instruments, part thereof, and may from time to time make such alterations therein as it deems requisite ; and shall, before finally issuing or altering any such form, give such public notice thereof as it deems necessary in order to prevent inconvenience, and shall cause every such form to be sealed with such seal as aforesaid, or marked with some other distinguishing mark, and to be supplied at the custom houses and mercantile marine ofiices of the United Kingdom, free of charge, or at such moderate prices as it may from time to time fix, or may license any persons to print and sell the same ; and every such book. 10 THE BOARD OF TRADE. §§ 8-11. Certain forms and instru- ments to he exempt from stamp duty. Penalties for forgery of seal and fraudulent alteration of forms, and for not using forms issued by Board of Trade. Application of moneys and fines paid to Board of Trade. instrument, and paper as aforesaid shall be made in the form issued by the Board of Trade, and sanctioned by it as the proper form for the time being ; and no such book, instrument, or paper as aforesaid, unless made in such form, shall be admissible in eyidence in any civil proceeding on the part of any owner or master of any ship^ and every such book, instrument, or paper, if made in a form purporting to be a proper form, and to be sealed or marked as aforesaid, shall be _ taken to be made in the form hereby required, unless the contrary is proved. 9. All instruments used in carrying into effect the Second Part of this Act, if not already exempted from stamp duty, and all instruments which by the Third, Fourth, Sixth, or Seventh Parts of this Act are required to be made in forms sanctioned by the Board of Trade, if made in such forms, and all instru- ments used by or under the direction of the Board of Trade in carrying such parts of this Act into effect, shall be exempt from stamp duty. 10. Every person who forges, assists in forging, or procures to be forged, such seal or other distinguishing mark as afore- said, or who fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any form issued by the Board of Trade, with the view of evading any of the provisions of this Act or any condition contained in such form, shall for each offence be deemed guilty of a misdemeanor ; and every person who, in any case in which a f©rm sanctioned by the Board of Trade is by the Third Part of this Act required to be used, uses without reasonable excuse any form not purport- ing to be so sanctioned, or who prints, sells, or uses any docu- ment purporting to be a form so sanctioned, knowing the same not to be so sanctioned for the time being, or not to have been prepared and issued by the Board of Trade, shall for each such offence incur a penalty not exceeding 10?. 11. Subject to the provisions hereinafter contained, all fees and payments (other than fines) coming to the hands of the Board of Trade, under the Third and Fourth Parts of this Act,, shall be carried to the account of the Mercantile Marine Fund hereinafter mentioned, and shall be dealt with as herein pre- scribed in that behalf ; and all fines coming to the hands of the Board of Trade under this Act shall be paid into the' receipt of Her Majesty's Exchequer in such manner as the THE BOARD OF TRADE. 11 Treasury may direct, and shall be carried to and form part of |§ H_13, the Consolidated Fund of the United Kingdom. - 39 & 40 Vict. c. 80, {part of) s. 39.— On and after the first Fees, salaries, day of January one thousand eight hundred and seventy-seven ^^d costs. all fees payable in respect of the surveyor measurement of ships under the Merchant Shipping Acts, 1854 to 1876, or in respect of any services performed by any person employed under the authority of the Passengers Act, 1855, shall contiuue to be paid to the superintendent of a mercantile marine office at such times and in such manner as the Board of Trade from time to time direct, but shall be paid into the receipt of Her Majesty's Exchequer in such manner as the Treasury from time to time direct, and shall be carried to and form part of the Consolidated Fund of the United Kingdom. LlJ^V 12. All consular officers, and all officers of customs abroad, Returns to and all local marine boards and superintendents of mercantile Trade. "• marine offices, shall make and send to the Board of Trade such returns or reports on any matter relating to British merchant shipping or seamen as such Board requires ; and all superintendents of mercantile marine offices shall, whenever required by the Board of Trade, produce to such Board or to its officers aU official log-books and other documents which, in pursuance of this Act, are delivered to them. 13. Every officer of the Board of Trade, and every commis- Officers of sioned officer of any of Her Majesty's ships on full pay, and ^°^^ °^ , every British consular officer, and the Eegistrar-general of officer's, con- Shipping and Seamen and his assistant, and every chief officer ^h *^® of customs in any place in Her Majesty's dominions, and General of every superintendent of a mercantile marine office, may in ^^™^^"'„ cases where he has reason to suspect that the provisions of customs, and this Act or the laws for the time being relating to merchant ™pennten- , (16111)8 mSiy seamen and to navigation are not complied with, exercise the inspect docu- following powers ; (that is to say,) Sr'SLs. He may require the owner, master, or any of the crew of any British ship to produce any official log-books or other documents relating to such crew or any member thereof in their respective possession or control : He may require any such master to produce a list of all persons on board his ship, and take copies of such official log-books, or documents, or of any part thereof : He may muster the crew of any such ship : 12 THE BOARD OF TEADE. §§ 13-15. Penalty for refusal or neglect He may summon the master to appear and gire any expla- nation concerning such ship or her crew or the said official log-books or documents : And if upon requisition duly made by any person so authorised in that behalf as aforesaid, any person refuses or neglects to produce any such- official log-book or document as he is herein- before required to produce, or to allow the same to be inspected or copied as aforesaid, or impedes any such muster of a crew as aforesaid, or refuses or neglects to give any explanation which he is hereinbefore required to give, or knowingly mis- leads or deceives any person hereinbefore authorised to demand any such explanation, he shall for each such offence incur a penalty not exceeding 201. Board of Trade may appoint in- spectors to report on — Accidents. Compliance with this Act. Efficiency of Powers of inspectors. Inspection of ships. Inspection of premises. Summons to attend him. Inspectors. 14. The Board of Trade may from time to time, whenever it seems expedient to them so to do, appoint any person, as an inspector, to report to them upon the follovring matters ; (that is to say,) (1.) Upon the nature and causes of any accident or damage which any ship has sustained or caused, or is -alleged to have sustained or caused : (2.) "Whether the provisions of this Act, or any regulations made under or by virtue of this Act, have been complied with : (3.) Whether the hull and machinery of any steam-ship are sufficient and in good condition. 15. Every Buch iyspector as aforesaid shall have the follow- ing powers ; (that is to say,) (1.) He may go on board any ship, and may inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof to which the provisions of this Act apply, not unnecessarily detain- ing or delaying her from proceeding on any voyage : (2.) He may enter and inspect any premises the entry or inspection of which appears to him to be requisite for the purpose of the report which- he is directed to make : (3.) He may, by summons under his hand, require the attend- THE BOARD OF TRADE. 13 ance of all such persons as he thinks fit to call before §§ 15, 16. him and examine for such purpose, and may require answers or returns to any inquiries he thinks fit to make : (4.) He may require and enforce the production of all books, Production papers, or documents which he considers important for °^ books, such purpose : (5.) He may administer oaths, or may, in lieu of requiring or oaths. administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his exami- nation : expenses. refusing? to give evi- And every witness so summoned as aforesaid shall be allowed witnesses to such expenses as would be allowed to any witness attending on ^^ allowed subpoena to give evidence before any court of record, or if in Scotland, to any witness attending on citation the Court of Justiciary ; and in case of any dispute as to the amount of such expenses the same shall be referred by the inspector to one of the masters of Her Majesty's Court of Queen's Bench in England or Ireland, or to the Queen's and Lord Treasurer's Eemembrancer in Scotland, who, on a request made to him for that purpose under the hand of the said inspector, shall ascer- tain and certify the proper amount of such expenses ; and every person who refuses to attend as a witness before any such Penalty for inspector,' after having been required so to do in the manner hereby directed, and after having had a tender made to him of deuce; the expenses (if any) to which he is entitled as aforesaid, or who refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declarations which any such inspector is hereby empowered to require, shall for each such offence incur a penalty not exceeding 101. 16. Every person who wilfully impedes any such inspector Penalty for appointed by the Board of Trade as aforesaid in the execution "^g*™^*™^ ^ of liis duty, whether on board any ship or elsewhere, shall the execution incur a penalty not exceeding ten pounds, and may be seized °^ ^^'"^ '^"*y- and detained by such inspector or other person, or by any person or persons whom he may call to his assistance, until such offender can be conveniently taken before some justice of the peace or other oflacer havin-g proper jurisdiction. 14 §§ 16-18. Board of Trade may sue in name of its officers. BRITISH SHIPS. 36 & 37 Vict. c. 85, s. 31.— In any legal proceedings under the Merchant Shipping Acts, 1854 to 1876, the Board of Trade may take proceedings in the name of any of their officers. PART II. BEITISH SHIPS: THEIR OWNERSHIP, MEASUREMENT, AND REGISTRY. Application. Application of 17. The Second Part of this Act shall apply to the whole of Part II. of Her Majesty's dominions. Description and Ownership of British Sh^s. Deseription 18. No ship shall be deemed to be a British ship unless she and ownership belongs wholly to Owners of the following description; (that of British . s IS to say,) (1.) Natural-born British subjects : Provided that no natural born subject who has taken the oath of allegiance to any foreign soTereign or state shall be entitled to be such owner as aforesaid, unless he has subsequently to taking such last-mentioned oath taken the oath of allegiance to Her Majesty, and is and continues to be during the whole period of his so being an owner resident in some place within Her Majesty's dominions, or if not so resident, member of a British factory, or partner in a house actually carrying on business in the United Kingdom or in some other place within Her Majesty's do- minions : (2.) Persons made denizens by letters of denization, or natu- ralised by or pursuant to any Act of the Imperial Legis- lature, or by or pursuant to any Act or Ordinance of the proper legislative authority in any British pos- session : OWNERSHIP. 15 Provided that such persons are and continue to be during § 18. the whole period of their so being owners resident ~ in some place within Her Majesty's dominions, or if not so resident, members of a British factory, or partners in a house actually carrying on business in the United Kingdom or in some other place within Her Majesty's dominions, and have taken the oath of allegiance to Her Majesty subsequently to the period of their being so made denizens or naturalised : (3.) Bodies corporate established under, subject to the laws of, and having their principal place of business in the United Kingdom or some British possession. The children of all natural born British subjects, born out of the "^}io are ligeance of Her Majesty shaU be deemed and taken to be natural born natural born subjects of this kingdom (a), unless the father was, at the time of the British sub- child's birth, outlawed, or attainted for treason (b). And all persons jeots. born out of the ligeance of the Crown of England, whose fathers are natural bom British subjects by virtue of 4 Geo. II. c. 21, are also natural bom British subjects (c). Thus two generations may be bora abroad, and still retain their rights as citizens of this country. The wives of British subjects are subjects of the same state as their hus- bands (d). Natnralisation, By the " Naturalisation Act, 1870 " (e), s. 7, an alien who has resided Certificate of in the United Kingdom for a term of not less than five years, and intends, naturalisa- when naturaJised, to reside in the'TJnited Kingdom, or to serve the ^^°^- Crown, may apply to a Secretary of State for a certificate of naturali- sation. The Secretary of State may with or without assigning any reason, give or or withhold the certificate as he thinks proper. An alien to whom such a certificate is granted shall, in the United Kingdom, be entitled to aU political and other rights, powers, and pri- vileges, and be subject to all obligations to which a natural-born British subject is entitled or subject in the United Kingdom, with this qualifica- tion that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturali- sation, be deemed to be a British subject, unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect. By s. 14 of the same Act " Nothing in the Act Saving as to contained shall qualify an alien to be the owner of a British ship." British ships. If any unqualified person acquires as owner any interest, either legal Forfeiture by or beneficial, in a ship using a British flag and assuming the British unqualified (a) 7 Anne, c. 5, s. 3 ; and 4 Geo. II. c. 21, s. 1. (J) 4 Geo. II. c. 21, s. 2. (c) 13 Geo. III. 0. 21, s. 1. (d) 33 & 34 Vict. c. 14, s. 10, sub-s. (1). (e) 33 & 34 Vict. t. 14. 16 REGISTRATION OF BRITISH SHIPS. 18,19. Britisli ships with certain exceptions must be regis- tered. Not British ships unless registered. Effect of non- re Variance ' between registered and actual character, such interest shall be forfeited to Her Majesty (see s. .103, p. 94), unless he acquires the interest by the death of an owiier, or the marriage of a female owner, in which case he must within four weekg apply to the Court of Admiralty to decree a sale of such interest (see ss. 62 to 64, p. 64.) 19. Every British ship must be registered in manner herein- after mentioned, except, (1.) Ships duly registered before this Act comes into operation : (2.)- Ships not exceeding fifteen tons burden employed solely in navigation on the rivers or coasts of the United Kingdom, or on the rivers or coasts of some British possession within which the managing owners of such ships are resident : (3.) Ships not exceeding thirty tons burden, and not having a whole or fixed deck, and employed solely in fishing or trading coastwise on the shores of Newfoundland or parts adjacent thereto, or in the gulf of St. Lawrence, or on such portion of the coasts of Canada, Nova Scotia, or New Brunswick as lie bordering on such gulf. And no ship hereby required to be registered shall, unless registered, be recognised as a British ship ; and no officer of customs shall grant a clearance or transire to any ship hereby required to be registered for the purpose of enabling her to proceed to sea as a British ship, unless the master of such ship, upon being required so to do, produces to him such certificate of registry as is hereinafter mentioned ; and if such ship attempts to proceed to sea as a British ship without a clearance or transire, such officer may detain such ship until such certificate is produced to him. Neglect in registering a vessel is most fatal. If she sails under the British flag without being registered, she will not be recognised as a British ship, and wiU not be entitled to any benefits, privileges, advan- tages, or protection usually enjoyed by British ships, but she will remain subject to the payment of dues, and to the liability to pains and penalties as if she were a British ship (see s. 106, p. 96). A slight variance between a vessel's actual name and the name under which she is registered, will not cause the loss of her British character ; as, for instance, if she is called " The City of Bmssels," and is registered as " The City of Bruxelles." But this must occur by lona; fide mistake, and must not occasion any difficulty in identifying the ship (/). The (/) BM V. B above measurement above 120 feet long and not exceeding 180, into 8 equal parts : „ 4. Ships of which the tonnage deck is according to the above measurement above 180 feet long and not exceeding 225, into lO equal parts : „ 5. Ships of which the tonnage deck is according to the above measurement above 225 feet long, into 12 equal parts : Transverse (2.) Then, the hold being first sufficiently cleared to admit of the required depths and breadths being properly taken, find the transverse area of such ship at each point of division of the length as follows : — Measure the depth at each point of division, from a point at a distance of one third of the round of the beam below such deck, or, in case of a break, below a line stretched in continuation thereof, to the upper side of the floor timber at the in- side of the limber strake, after deducting the average thickness of the ceiling which is between the bilge planks and limber strake ; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts ; then measure the inside horizontal breadth at each of the three points of division, and also at the upper and lower points of the depth, extending each measurement to the average areas. MEASUREMENT OF TONNAGE. 19 thickness of that part of the ceiling which is between § 21. the points of measurement ; number these breadths 7~ from aboTe {i.e. numbering the upper breadth one, and so on down to the lowest breadth) ; multiply the second and fourth by four, and the third by two ; add these products together, and to the sum add the first breadth and the fifth ; multiply the quantity thus obtained by one third of the common interval between the breadths, and the product shall be deemed the transverse area ; but if the midship depth exceed sixteen feet, divide each depth into six equal parts instead of four, and measure as before directed the horizontal breadths at the five points of division, and also at the upper and lower points of the depth ; number them from above as before ; multiply the second, fourth, and sixth by four, and the third and fifth by two ; add these products together, and to the sum add the first breadth and the seventh ; multiply the quantity thus obtained by one third of the common interval between the breadths, and the product shall be deemed the transverse area: (3.) Having thus ascertained the transverse area at each point Computation of division of the length of the ship as required by the ™™ ^'^^'^' above table, proceed to ascertain the register tonnage of the ship in the following manner : — Number the areas successively 1, 2, 3, &c.. No. 1 being at the extreme limit of the length at the bow, and the last No. at the extreme limit of the length at the stern ; then, whether the length be divided according to the table into four or twelve parts as in Classes 1 and 5, or any interme- diate number as in Classes 2, 3, and 4, multiply the second and every even numbered area by four, and the third and every odd numbered area (except the first and last) by two ; add these products together, and to the sum add the first and last if they yield anything; multiply the quantity thus obtained by one third of the common interval between the areas, and the product will be the cubical contents of the space under the ton- nage deck ; divide this product by 100, and the quotient being the tonnage under the tonnage deck shall be deemed to be the register tonnage of the ship, c 2 20 MEASUEEMENT OF TONNAGE. § SI. subject to the additions and deductions hereinafter mentioned. Poop and any (4.) If there be a break, a poop, or any other permanent in space. " closed-in space on the upper deck, aTailable for cargo or stores, or for the berthing or accommodation of pas- sengers or crew, the tonnage of such space shall be ascertained as follows :— Measure the internal mean length of such space in feet, and divide it into two equal parts ; measure at the middle of its height three inside breadths, namely, one at each end and the other at the middle of the length ; then to the sum of the end breadths add four times the middle breadth, and multi- ply the whole sum by one-third of the common interval between the breadths ; the product will give the mean horizontal area of such space ; then measure the mean height, and multiply by it the mean horizontal area ; divide the product by 100, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage deck, ascer- tained as aforesaid, subject to the following provisoes ; first, that nothing shall be added for a closed-in space solely appropriated to the berthing of the crew, unless such space exceeds one-twentieth of the remaining ton- nage of the ship, and in case of such excess the excess only shall be added ; and, secondly, that nothing shall be added in respect of any building erected for the shelter of deck passengers, and approved by the Board of Trade. Tn case of two (5.) If the ship has a third deck commonly called a spar deck, or more eoks. ^^^ tonnage of the space between it and the tonnage deck shall be ascertained as follows : — Measure in feet the inside length of the space at the middle of its height from the plank at the side of the stem to the lining on the timbers at the stem, and divide the length into the same number of equal parts into which the length of the tonnage deck is divided as above directed ; measure (also at the middle of its height) the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth at the stern ; number them successively 1, 2, 3, &e., commencing at the stem ; multiply the second and all the other even- MEASUREMENT OF TONNAGE. 21 numbered breadths by four, and the third and all the §§ 21, 23. other odd-numbered breadths (except the first and last) " by two ; to the sum of these products add the first and last breadths ; multiply the whole sum by one-third of the common interval between the breadths, and the result will give, in superficial feet the mean horizontal area of such space ; measure the mean height of such space, and multiply by it the mean horizontal area, and the product will be the cubical contents of the space ; divide this product by 100, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the other tonnage of the ship ascer- tained as aforesaid ; and if the ship has more than three decks, the tonnage of each space between decks above the tonnage deck shall be severally ascertained in manner above described, and shall be added to the tonnage of the ship ascertained as aforesaid. 22. Ships which, requiring to be measured for any purpose Rule II. other than registry, have cargo on board, and ships which, p^j. g^pg n^^ requiring to be measured for the purpose of registry, cannot be requiring measured by the rule above given, shall be measured by the gargo mi following rule, hereinafter called Kule II. : board. (1.) Measure the length on the upper deck from the outside Length. of the outer plank at the stem to the aftside of the stern post, deducting therefrom the distance between the aft- side of the stern post and the rabbet of the stem post at the point where the counter plank crosses it ; measure also the greatest breadth of the ship to the outside of Breadth, the outer planking or wales, and then, having first marked on the outside of the ship on both sides thereof the height of the upper deck at the ship's sides, girt the ship at the greatest breadth in a direction perpendicular to the keel from the height so marked on the outside of the ship, on the one side to the height so marked on the other side by passing a chain under the keel ; to Girting of half the girth thus taken add half the main breadth ; ^^^ ^^'P- square the sum ; multiply the result by the length of the ship taken as aforesaid ; then multiply this product by the factor '0018 (eighteen ten-thousandths) in the case of ships built of wood, and '0021 (twenty-one ten- thousandths) in the case of ships built of iron, and the 22 MEASUREMENT OF TONNAGE. §§ 22, 23. Poop and other closed-in spaces on upper deck. Ships mea- sured under Rule II. may be measm'ed under Rule I. Transfer to Board of Trade of duties of Commis- sioners of Customs with , respect to measurement of ships. Rule III. Allowance for engine room in steamers. To he rateable in ordinary steamers. product shall be deemed the register tonnage of the ship subject to the additions and deductions hereinafter mentioned. (2.) If there be a break, a poop, or other closed-in space on the upper deck, the tonnage of such space shall be ascertained by multiplying together the mean length, breadth, and depth of such space, and dividing the product by 100, and the quotient so obtained shall be deemed to be the tonnage of such space, and shall, sub- ject to the deduction for a closed-in space appropriated to the crew as mentioned in Eule I., be added to the tonnage of the ship ascertained as aforesaid. 18 & 19 Vict. c. 91, s. 14. — The owner of any ship which is ' measured under Rule II., contained in the twenty-second sec- tion of the " Merchant Shipping Act, 1854," may, at any subse- quent period, apply to the Board of Trade to have the said ship remeasured under Eule I., contained iri the twenty-first section of the same Act, and the Board of Trade may there- upon, upon payment of such fee, not exceeding seven shillings and sixpence for each Transverse section as they may authorise, direct the said ship to be remeasured accordingly, and the number denoting the register tonnage shall be altered ac- cordingly. 35 & 36 Vict. c. 73, s. 3.— The 23rd, 27th, 28th, and 29th sections of the " Merchant Shipping Act, 1854," and the 14th section of the "Merchant Shipping Act Amendment Act, 1855," and the 4th section of the "Merchant Shipping Act, 1871," shall be read and construed as if the Board of Trade were therein named instead of the Commissioners of Customs. The Board of Trade has been substituted for the Oonimissioners of Customs in all the above-mentioned sections. 23. In every ship propelled by steam or other power re- quiring engine-room, an allowance shall' be made for the space occupied by the propelling power, and the amount so allowed shall be deducted from the gross tonnage of the ship ascertained as aforesaid, and the remainder shall be deemed to be the register tonnage of such ship ; and such deduction shall be estimated as follows (that is to say) : {a.) As regards ships propelled by paddle wheels in which the tonnage of the space solely occupied by and necessary for the proper working of the boilers and machinery is above twenty per cent, and under thirty per cent, of the gross Measurement of tonnage. 23 tonnage of the ship, such deduction shall be thirty-seven § 23. one-hundredths of such gross tonnage ; and in ships pro- pelled by screws in which the tonnage of such space is above tliirteen per cent, and under twenty per cent, of such gross tonnage, such deduction shall be thirty-two one-hundredths of such gross tonnage : (6). As regards all other ships, the deduction shall, if the May be mea- Board of Trade and the owner both agree thereto, be esti- ^^^^'^ w^^^?''^ mated in the same manner ; but either they or he may in unusually their or his discretion require the space to be measured and large or the deduction estimated accordingly; and whenever such measurement is so required the deduction shall consist of the tonnage of the space actually occupied by or required to be enclosed for the proper working of the boilers and machinery, with the addition in the case of ships propelled by paddle-wheels of one half, and in the case of ships pro- pelled by screws of three-fourths of the tonnage of such space ; and the measurement and use of such space shall be governed by the following rules (that is to say) : (1.) Measure the mean depth of the space irom its crown to Mode of mea- the ceiling at the limber strake, measure also three, surement. or, if necessary, more than three breadths of the space at the middle of its depth, taking one of such measure- ments at each end, and another at the middle of the length ; take the mean of such breadths ; measure also the mean length of the space between the foremost and aftermost bulkheads or limits of its length, excluding such parts, if any, as ai'c not actually occupied by or required for the proper working of the machinery; multiply together these three dimensions of length, breadth, and depth, and the product will be the cubical contents of the space below the crown ; then find the cubical contents of the space or spaces, if any, above the crown aforesaid, which are iramed in for the machinery or for the admission of light and air, by multiplying together the length, depth, and breadth thereof; add such contents to the cubical contents of the space below the crown; divide the sum by 100, and the result shall be deemed to be the tonnage of the said space : , (2.) If in any ship in which the space aforesaid is to be in case of 24 MEASUREMENT OF TONNAGE. §§ 23-37. separate com- partments. Shaft-trunk of screw steamer. Alteration of engine room. Penalty for carrjring goods in such space. EULB IV. Open ships, how mea- sured. Tonnage when once ascer- tained to be ever after deemed the tonnage. Remeasure- ment of ships already regis- tered may be made, but not to be compulsorj'. measured the engines and boilers are fitted in separate compartments, the contents of each shall be measured severally in like manner, according to the abore rules, and the sum of their seyeral results shall be deemed to be the tonnage of the said space : (3.) In the case of screw steamers in which the space afore- said is to be measured, the contents of the shaft trunk shall be added to and deemed to form part of such space, and shall be ascertained by multiplying together the mean length, breadth, and depth of the trunk, and dividing the product by 100 : (4.) If in any ship in which the space aforesaid is to be measured, any alteration be made in the length or capacity of such space, or if any cabins be fitted in such space, such ship shall be deemed to be a ship not registered until remeasurement : (5.) If in any ship in which the space aforesaid is to be measured, any goods or stores are stowed or carried in such space, the master and owner shall each be liable to a penalty not exceeding 1001. 24. In ascertaining the tonnage of open ships the upper edge of the upper strake is to form the boundary line of measurement, and the depths shall be taken from an athwart- ship line, extended from upper edge to upper edge of the said strake at each division of the length, 25. Repealed ly 34 & 35 Vict. c. 110, s. 12. 26. Whenever the tonnage of any ship has been ascertained and registered in accordance with the provisions of this Act, the. same shall thenceforth, be deemed to be the tonnage of such ship, and be repeated in every subsequent registry there- of, unless any alteration is made in the form or capacity of such ship, or unless it is discovered that the tonnage of such ship has been erroneously computed ; and in either of such cases such ship shall be remeasured, and her tonnage deter- mined and registered according to the rules hereinbefore con- tained in that behalf. 27. The rules for. the measurement of tonnage herein con- tained shall not make it necessary to alter the present registered tonnage of any British ship registered before this Act comes into operation ; but if the ownfer of any such ship desires to have the same remeasured according to such rules, he may apply to MEASUEEMENT OF TONNAGE. 25 the Board of Trade for the purpose, and such Board shall there- §§ 27-39. upon, and on payment of such reasonable charge for the expenses of remeasurement, not exceeding the sum of seven shillings and sixpence for each transverse section, as they may authorise, direct such remeasurement to be made, and such ship shall thereupon be remeasured according to such rules as aforesaid, or according to such of them as may be applicable ; and the number denoting the register tonnage shall be altered accordingly. 28. If it appears to the Board of Trade that in any steam- Power to re- ship measured before this Act comes into operation, store- ™^nYrooms rooms or coal-bunkers have been introduced into or thrown improperly across the engine-room, so that the deduction from the ton- ®^*™'^^'^- nage on account of the engine-room is larger than it ought to be, the said Board may, if they think fit, direct such engine- room to be remeasured according to the rules in force before this Act comes into operation, excluding the space occupied by such store-rooms or coal-bunkers, or may, if the owners so desire, cause the ship to be remeasured according to the rules herein-before contained, and subject to the conditions con- tained in the last preceding section ; and after remeasurement the Board of Trade shall cause the ship to be registered anew or the registry thereof to be altered, as the case may require. 29. The Board of Trade may, with the sanction of the Officers may- Treasury, appoint such persons to superintend the survey and ^e appointed admeasurement of ships as they think fit ; and may make tions made such regulations for that purpose as may be necessary; and ^gj^^jff ships also, make such modifications and alterations as from time to time become necessary in the tonnage rules hereby prescribed, in order to the more accurate and uniform application thereof, and the effectual carrying out of the principle of admeasure- ment therein adopted. Under this section the Board of Trade cannot make any rules of measurement that will alter the allowance for space occupied by the pro- pelling power in steam vessels. The principle of admeasurement must be maintained intact (to). As to the fees to be paid for measurements, see under s. 19 of the " Passengers' Act, 1855," p. iS7. 25 & 26 Vict. c. 63, s. 4.— Any body corporate or persons Tonnage rates having power to levy tonnage rates on ships may, if they think under local (m) City ofDvhlin Steam Packet Co. v. Thompson, L. K. 1 G. P. 355. 26 EEGISTRY OP BRITISH SHIPS. §§ 29, 30. Acts may be levied on the registered tonnage. Ships of foreign coun- tries adopting the rule for measurement of tonnage need not be remeasured in this country. fit, with the consent of the Board of Trade, levy such tonnage rates upon the registered tonnage of the ships as determined by the rules for the measurement of tonnage for the time being in force under the Principal Act notwithstanding that the local Act or Acts under which such rates are levied provides for levying the same upon some different system of tonnage measurement. 25 & 26 Vict. c. 63, s. 60. — Whenever it is made to appear to Her Majesty that the rules concerning the measurement of tonnage of merchant ships for the time being in force under the Principal Act have been adopted by the Government of any foreign country, and are in force in that country, it shall be lawful for Her Majesty by Order in Council, to direct that the ships of such foreign country shall be deemed to be of the tonnage denoted in their certificates of registry or other national papers ; and thereupon it shall no longer be necessary for such ships to be remeasured in any port or place in Her Majesty's dominions, but such ships shall be deemed to be of the tonnage denoted in their certificates of registry ov other papers, in the same manner, to the same extent, and for the same purposes in, to, and for which the tonnage denoted in the certificates of registry of British ships is deemed to he the tonnage of such ships. ! Registry of British Ships. 30, The following persons are required to register British ships, and shall be deemed registrars for the purposes of this Act (that is to say) : (1.) At any port or other place in the United Kingdom or Isle of Man approved by the commissioners of customs for the registry of ships, the collector, comptroller, or other principal officer of customs for the time being : (2.) In the islands of Guernsey and Jersey, the principal officers of Her Majesty's customs, together with the governor, lieutenant-governor, or other person adminis- tering the government of such islands respectively: In Malta, &c. (3.) In Malta, Gibraltar, and Heligoland, the governor, lieutenant-governor, or other person administering the government of such places respectively : (4.) At any port or place so approved as aforesaid within the limits of the charter, but not under the government of the East India Company, and at which no custom- house is established, the collector of duties, together itrars of British ships. In United Kingdom. In Channel Islands. In India. REGISTRATION. 27 with the governor, lieutenant-governor, or other person §§ 30-33. administering the government : ' (5.) At the ports of Calcutta, Madras, and Bombay, the master At Calcutta, attendants, and at any other port or place so approved °' as aforesaid within the limits of the charter and under the government of the East India Company, the col- lector of duties, or any other person of six years stand- ing in the civil service of the said Company who is appointed by any of the governments of the said Com- pany to act for this purpose : (6.) At every other port or place so approved as aforesaid Persons to be within Her Majesty's dominions abroad, the collector, ^ comptroller or other principal ofBcer of customs or of navigation laws ; or if there is no such oflBcer resident at such port or place, the governor, lieutenant-governor, or other person administering the government of the possession in which such port or place is situate. 32 Vict. c. 11, s. 6. — It shall be lawful for Her Majesty, by Registrars of Order in Council, from time to time to declare, with respect to British ships the British possession mentioned in the order, the description p^ggesgions. of persons who are to be registrars of British ships in that British possession, and to revoke any order so made. After the date specified in the order, or, if no date is specified, after the date of the proclamation of the order in the British possession, the order shall have effect as if it were contained in section thirty of the Merchant Shipping Act, 1854. 31. The governor, lieutenant-governor, or other person Substitution administering the government in any British possession where "[rSrfOT ^ any ship is registered under the authority of this Act shall, commis- with regard to the performance of any act or thing relating custoSsfand to the registry of a ship or of any interest therein, be con- of consul for sidered in all respects as occupying the place of the commis- i^^^°^- sioners of customs ; and any British consular oflficer shall, in any place where there is no justice of the peace, be authorised to take any declaration hereby required or permitted to be made in the presence of a justice of the peace. 32. Every registrar shall keep a book, to be called " The Kegistrar to Register Book," and enter therein the particulars hereinafter boofj^^*^'*^ required to be registered. 33. The port or place at which any British ship is registered Port of 28 MARKING OF SHIPS. §§ 33, 34. registry of British, ships. Ship's managiBg owner or manager to be registered. Pensilty for default. Her Majesty may, by Order in Council, de- clare certain foreign ports ports of registry. for the time being shall be considered her port of registry or the port to which she belongs. 39 & 40 Vict. c. 80, s. 36.— The name and address of the managing owner for the time being of every British ship registered at any port or place in the United Kingdom shall be registered at the custom house of the ship's port of registry. Where there is not a managing owner there shall be so regis- tered the name of the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner ; and any person whose name is so registered shall, for the purposes of the Merchant Shipping Acts, 1854 to 1876, be under the same obUgations, and subject to the same liabilities, as if he were the managing owner. If default is made in complyiag with this section the owner shall be hable, or if there be more owners than one, each owner shall be liable in proportion to his interest in the ship, to a penalty not exceedmg iu the whole one hundred pounds each time the ship leaves any port in the United Kingdom. 36 & 37 Vict. c. 85, s. 29. — Where, in accordance with the Foreigh Jurisdiction Acts, Her Majesty exercises jurisdiction within any port out of Her Majesty's dominions, it shall be lawful for Her Majesty, by Order in Council, to declare such port a port of registry (in this Act referred to as a foreign port of registry), and by the same or any subsequent Order in Council to declare the description of persons who are to be the registrars of British ships at such foreign port of registry, a,nd to make regulations with respect to the registry of British ships thereat. Upon such Order coming into operation it shall have effect as if it were enacted in the Merchant Shipping Acts, 1854 to 1873, and shall, subject to any exceptions and regulations con- tained in the Order, apply in the same manner, as near as may be, as if the port mentioned in the Order were an ordinary port of registry. 34. R&pmhd ly 34 & 35 Vict. c. 110, s. 12. Particulars to be marked on British ships. Name. MarMng of Ships. 36 & 37 Vict. c. 85, s. 3.— Every British ship registered after the passing of this Act shall before registry, and every British ship registered before the passing of this Act shall, on or before the first day of January one thousand eight hundred and seventy-four, be permanently and conspicuously marked to the satisfaction of the Board of Trade, as follows : Her name shall be marked on each of her bows, and her name and the name of her port of registry shall be marked on her stern, on a dark ground in white or MAEKING OF gHIPS. 20 yellow letters, or on a light ground in black letters, k 34 such letters to be of a length not less than four inches, — ' — and of proportionate breadth : Her oflBcial number and the number denoting her registered Number. tonnage shall be cut in on her main beam : A scale of feet denoting her draught of water shall be Draught of marked on each side of her stem and of her stem-post water, in Roman capital letters or in figures, not less than six inches in length, the lower line of such letters or figures to coincide with the draught line denoted thereby. Such letters or figures shall be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Board of Trade may from time to time approve. The Board of Trade may, however, exempt any class of Exemption, ships from the requirements of this section or any of them. If the scale of feet showing the ship's draught of water is in Penalty for any respect inaccurate, so as to be likely to mislead, the owner inaccurate of the ship shall incur a penalty not exceeding one hundred draught of pounds. water. The marks required by this section shall be permanently Marks to he continued, and no alteration shall be made therein, except in permanent. the event of any of the particulars thereby denoted being altered in the manner provided by the Merchant Shipping Acts, 1854 to 1876. Any Qwnev or master of a British ship who neglects to cause Penalty for his ship to be marked as aforesaid, or to keep her so marked, „o^.go„^/ and any person who conceals, removes, alters, defaces, or obli- pUance. terates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, shall for each offence incur a penalty not exceeding one hundred pounds, and any officer of customs on receipt of a certificate from a surveyor or inspector of the Board of Trade that a ship is insufficiently or inaccu- rately marked, may detain the ■ same until the insufficiency or inaccuracy has been remedied. Provided that no fishing vessel duly registered, lettered, and Fishing numbered in pursuance of the Sea Fisheries Act, 1868, shall be vessels. required to hare her name and port of registry marked under this section. Provided also, that if any registered British ship is not within a port of the United Kingdom at any time before the first day of January one thousand eight hundred and seventy four, she shall be marked as by this section required within one month after her next return to a British port of registry subsequent to that date. so DECK AND LOAD LINES. Marking of deck-lines. Dech and Load Lines. § 34. 39 & 40 Vict. c. 80, s. 25.— Every British ship (except ships under eighty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts) shall be permanently and conspicuously marked with lines of not less than twelve inches in length and one inch in breadth, painted longitudinally on each side amidships, or as near thereto as practicable, and indicating the position of each deck which is above water. . The upper edge of each of these lines shaU be level ivith the upper side of the deck plank next the waterway at the place of marking. The lines shall be white or yellow on a dark ground, or black on a light ground. Marking of 39 & 40 Vict. c. 80, s. 26. — With respect to the marking of load-line. a load-line on British ships the following provisions shall have effect : (1.) The owner of every British ship (except ships under eighty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts) shall, before entering his ship outwards from any port in the United Kingdom upon any voyage for which he is required so to enter her, or, if that is not prac- ticable, as soon after as may be, mark upon each" of her sides amidships, or as near thereto as is practicable, in white or yeUow on a dark ground, or in black on a hght ground, a circular disc, twelve inches in diameter, with a horizontal hue eighteen inches m length, drawn through its centre : (2.) The centre of this disc shall indicate the maximum load- Hne in salt water to which the owner intends to load the ship for that voyage : (3.) He shall also, upon so entering her, insert in the form of entry dehvered to the collector or other principal officer of customs, a statement in writing of the distance in feet and inches between the centre of this disc and the upper edge of each of the lines indicating the position of the ship's decks which is above that centre : In case of (4.) If default is made in delivering this statement in the default. case of any ship, any officer of customs may refuse to enter the ship outwards : (5.) The master of the ship shall enter a copy of this state- ment in the agreement with the crew before it is signed by any member of the crew, and no superintendent of any mercantile marine office shall proceed with the engagement of the crew until this entry is made : (6.) The master of the ship shall also enter a copy of this statement in the official log book : case of coast- LOAD-LINE IN COASTING-VESSELS. 31 (7.) "When a ship has been marked as by this section required, § 34. she shall be kept so marked until her next return to a port of discharge in the United Kingdom. These provisions of the "Merchant Shipping Act, 1876," are quite new. It is left to the owner's discretion where he will mark his load-line disc, as he is presumed to know the character of his ship, and the depth to which she may be safely loaded. Seamen will be able to estimate for themselves whether the disc is placed too low, by knowing the distance between the centre of the disc and the decks above it. The penalty ig only inflicted if the ship is loaded so as to submerge the centre of the disc. 39 & 40 Vict. c. 80, s. 27. — With respect to the marking of Marking of a load-liae on British ships employed in the coasting trade, the load-line in^ folio WLQg provisions shall have effect : — case- (1.) The owner of every British ship employed ia the coastiag trade on the coasts of the United Kingdom (except ships under eighty tons register employed solely in that trade), shall before proceeding to sea from any port, mark upon each of her sides amidships, or as near thereto as is practicable, in white or yellow on a dark ground, or in black on a light ground, a circular disc twelve inches in diameter, with a horizontal line eighteen inches in length drawn through its centre : (2.) The centre of this disc shall indicate the maximum load- line in salt water to which the owner intends to load the ship, untU notice is given of an alteration : (3.) He shall also once in every twelve months, immediately before the ship proceeds to sea, send or dehver to the collector or other principal officer of customs of the port of registry of the ship a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the hues iudi- catiug the position of the ship's decks which is above that centre : (4.) The owner, before the ship proceeds to sea after any renewal or alteration of the disc, shall send or dehver to the collector or other principal officer of customs of the port of registry of the ship, notice in writing of such renewal or alteration, together with such statement in writing as before mentioned of the distance between the centre of the disc and the upper edge of each of the deck-Unes : (5.) If default is made in sending or deUvering any notice or statement required by this section to be sent or de- livered, the owner shall be liable to a penalty not exceeding 100^. (6.) When a ship has been marked as by this section re- 82 NAMES OF SHIPS. § 34. Penalty for offences in relation to marks on quired, she shall be kept so marked until notice is given of an alteration. 39 & 4.0 Vict. c. 80, s. 28. — Any owner or master of a British ship who neglects to cause his ship to be marked as by this Act requiredj or to keep her so marked, or who- allows the ship to be so loaded as to submerge in salt water the centre of the disc, and any person who conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to con- ceal, remove, alter, deface, or obliterate, any of the said marks, except in the event of the particulars thereby denoted being lawfully altered, or except for the purpose of escaping capture by an enemy, shall for each offence incur a penalty not 'ex- ceeding 100^. If any of the marks required by this Act is in any respect inaccurate, so as to be likely to mislead, the owner of the ship, shall incur a penalty not exceeding 1001. Eules to be observed in naming of Britisb ships. Change of name. If name is changed without permission. When a ship has ceased to be registered. Names of Ships. 34 & 35 Vict. c. 110, s. 6. — With respect to the names of British ships, the following rules shall be observed : (1.) A ship shall not be described by any name other than that by which she is for the time being registered : (2.) No change shall be made in the name of a ship without the previous permission of the Board of Trade signified in writing under their seal, or under the hand of one of their secretaries or assistant secretaries. Upon such permission being granted, the ship's name shall forth- with be altered in the register book, in the ship's certi- ficate of registry, and on her bows and stern accord- ingly : (3.) If in any case it is shown to the satisfaction of the Board of Trade that the name of any ship has been changed without such permission as aforesaid, they shall direct that her name be altered into that which she bore before such change, and the name shall be altered in the register book, in the ship's certificate of registry, and on her bows and stern accordingly : (4.) Where a ship haviug once been registered has ceased to be BO registered, no person, unless ignorant of such previous registry (proof whereof shall lie on him), shall apply to register, and no registrar shall know- ingly register, such ship, except by the name by which she was previously registered, unless with the permission of the Board of Trade granted as aforesaid. Every person who acts or suffers any person under his control to act in contravention of this section, or who admits to do, or suffers any person under his control to omit to do, anything REGISTRATION. 33 required by this section, shall for each offence incur a penalty §§ 34-36. not exceeding one hundred pounds, and any principal officer of - customs may detain the ship until the provisions of this section are complied with. Application for a change of name shall be made in writing Application to the Board of Trade. If the Board are of opinion that the ^'"■' '^^"'^''S'^ »* application is made on reasonable grounds they may entertain "^"'®' the same, and shall thereupon require notice thereof to be published in such form and manner as they think fit. , 36 & 37 Vict. c. 85, s. 5. — Where a foreign ship, not having Rules as to at any previous time been registered as a British ship, becomes names of a British ship, no person shall apply to register, and no regis- f^eign sliips trar shall knowingly register such ship, except by the name British"^ which she bore as a foreign ship immediately before becoming register. a British ship, unless with the permission of the Board of Trade granted in manner directed by section six of the Mer- chant Shipping Act, 1871. Any person who acts or suffers any person under his control to act in contravention of this section, shall for each offence incur a penalty not exceeding one hundred pounds. 35. Every application for the registry of a ship shall in the Application case of individuals be made by the person requiring to be 1°^ ^^^omTo registered as owner, or by some one or more of such persons if be made. more than one, or by his or their duly authorised agent, and in the case of bodies corporate by their duly authorised agent ; the authority of such agent, if appointed by individuals, to be testified by some writing under the hands of the appointors, and if appointed by a body corporate, by some instrument under the common seal of such body corporate. 36. Before registry, the ship shall be surveyed by a person Survey of duly appointed under this Act ; and such surveyor shall grant ^ "^' .1 certificate in the form marked A. in the schedule hereto, specifying her tonnage, build, and such other particulars de- scriptive of the identity of the ship as may from time to time be required by the Board of Trade ; and such certificate shall be delivered to the registrar before registry. 34 CERTIFICATE OF SURVEYOR. FORM A. Cbetificate of Sttkveyok. Name of Ship. British or Foreign Built. Port of Eegistry. How Propelled. By Steam or Sails, and if by Steam, mhetlier hy Paddles or Screw. Number of decks . Numljer of masts . Rigging . Stern . Nattire of, and wlietlier standmg or running ioTcsprU. Moimd, sqiiare, or otiier description. Build . GaJlery '. . Head Fralnework. . Carvel or cl'mclier. Description of. Kind of. Wood or other Ma- terial. Measurements. Length from the forepart of stem under the bowsprit to the aft- side of the head of the stempost Main breadth to outside of plank Depth in hold from tonTiage-deek to ceiling at midships Feet. Tenths. Tonnage. Tonnage under tonnage-deck ...... ^ . . Closed-in spaces above the tonnage-deck, if any ; viz., Space or spaces between decks Poop Roundhouse ...;...- Other inclosed spaces, if any, naming them .... No. of Tons. Total Additional PaHieulars for Steamers.* t)eduction for space required for propelling power (say whether ^ths or ^ths, or as measured) TOLS. Length of engine-ieom (if measured) Feet. Tenths. Engines No. of Engines. Combined Power (estimated horse-power) . . . . No. gf horses-power. Register tonnage (after making deduction for space ) for propelling power in steamers)* . . . j I, the undersigned A. B. of , having surveyed the above-named ship, hereby certify that the above particulars are true. Dated at (Signed) the day of 18 . This form is exempt from stamp duty (see s. 9, p. 10). * Omit this part if she has no steam-power. RULES AS TO REGISTER BOOK. 35 37. The following rules shall be observed with respect to § 37. entries in the register book ; (thatis to say). Rules as to (1.) The property in a ship shall be divided into sixty-four entries in shares : register book (2.) Subject to the provisions with respect to joint owners or ^^i?®'°° °^ owners by transmission hereinafter contained, not more jjumber of than thirty-two individuals shall be entitled to be regis- owners. tered at the same time as owners of any one ship ; but this i-ule shall not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered ovraer or joint owner. {See s. 43, p. 43). (3.) No person shall be entitled to be registered as owner of '^°^'^* owners any fractional part of a share in a ship ; but any number of persons, not exceeding five, may be regis- tered as joint owners of a ship or of a share or shares therein : (4.) Joint owners shall be considered as constituting one person only as regards the foregoing rule relating to the number of persons entitled to be registered as owners, and shall not be entitled to dispose in severalty of any interest in any ship or in any share or shares therein in respect of which they are registered : (5.) A body corporate may be registered as owner by its cor- Bodies cor- , porate. porate name. Mictiml Belation of Part Orcners. Part owners of a ship are not partners, in England tbey are tenants in Part owners common (o). This rule does not hold good absolutely in America, where not partners, there may be a special partnership in regard to a particular voyage {p). Part owners have each a distinct, although undivided, interest in the pro- Each has a perty ; and neither can trajisf er or dispose of the whole of it, or act for distinct the others in relation thereto ; bat merely for his own share and to the interest. extent of his own several right and interest (g"). There is no right of survivorship among part owners, and on the death of one, his executors No survivnr- or administrators become tenants in common of the ship with the ship, survivors (r). (o) Ax parte Young, 2 V. & B. 242 ; Ex parte Harrison, 2 Eose, 76 ; Lindley on Partnership (iird edit.), 167. {p) Mumford v. NicoU, 20 Johns. (Amer. Rep.) 609 ; Story on Part- nership (7th ed.), § 444, p. 690. (g) Com. Dig. Mttate, K. 1—10 ; Story on Partnership (6th ed.), § 89, p. 140. (r) Abbott on Shipping (11th ed.), 71 ; Jeffreys v. •SmM, 1 Vem. 217; Mumford v. NicoU, i Johns, Ch. E. (Amer. Eep.),-522,; S. C. 20 Johns. (Amer. Eep.), 611. D 2 36 DECLARATION OF OWNERSHIP BY INDIVIDUAL. §§ 37, 38. When all agi'ee in the employment of the ship. When they disagree. Declaration of ownership hy individual owner. Qualification. Build of ship. When the ship is employed hy all the part owners, or by some of them, but not against the will of the others, they all share the gross earnings, and contribute to the expenses incurred in obtaining them (s). But before there is any division of profits among them, the gross freight or earnings must be applied in payment of the expenses of the voyage yielding them, including the cost of repairs and outfit for that voyage (*). It may and often does happen, that part owners differ among them- selves with regard to the mode in which the vessel Is to be employed ; and it has been said that ships were " originally invented for use and profit, not for pleasure or delight ; to plough the sea, not to lie by the walls " (u). When the owners disagree, and the majority wish to employ her in a certain way, in order to prevent the ship from " lying by the walls," it has been the practice of the Admiralty Court, from very remote times, to take a stipulation from those who desire to send the ship on the voyage, in a sum equal to the value of the shares of those who disapprove of the adventure, either to bring back and restore to them the ship, or to pay them the value of their shares (ar). The dissentients are not then entitled to share in the profits of the voyage (y), nor are they liable to contribute to its losses (z). This security may be taken upon a warrant obtained by the minority to arrest the ship. See sec. 515, p. 433, as to money paid for damage caused by the ship. 38. No person shall be entitled to be registered as owner of a ship or any share therein until he has made and subscribed a declaration in the form marked B. in the schedule hereto, referring to the ship as described in the certificate of the sur- veyor, and conta,ining the following particulars ; (that is to say,) (1.) A statement of his qualification to be an owner of a share in a British ship : (2.) A statement of the time when and the place where such ship was built, or (if the ship is foreign built, and the time and place of building not known,) a statement that she is foreign-built, and that he does not know the time or place of her building ; and, in addition thereto, in the case of a foreign ship, a statement of her foreign name, or (in the case of a ship condemned) a state- (s) Strelh/ t. Winson, 1 Yem. 296, as corrected by Horn v. Gilpin, Amb. 255. (t) Lindley on Partnership (3rd ed.), 167 ; Green v. Briggs, 6 H. A. 695 ; Undsay v. Oibbs,-22 Beav. 522; 3 De G. & J. 690 ; Alexamderv. Simms, 18 Beav. 80. («) Molloy, bk. 2, 0. 1, § 2. [x) Abbott on Shipping (11th ed.), 73 ; The ApoUo, 1 Hagg. Ad. 311 i W^a^ng^^. Blight, 2 Pet. Ad. (Amer. Rep.) 288 ; The Marengo, 1 Sprague (Amer. Rep.), 506. a . r "s (!/) Anon 2 Ch. Ca. 36 ; Boscm v. Sandford, Carthew, 63 ; VavU ». Johnson, 4 Sim. 539. (s) Horn v. GUpvn, Ambl. 255. DECIiABATION OF OWNERSHIP BY INDIVIDTJAL. 37 § 38. ment of the time, place, and court at and by which she was condemned : (3.) A statement of the name of the master : Master. (4.) A statement of the number of shares in such ship of Number of which he is entitled to be registered as owner : ^^'""^s. (5.) A denial that, to the best of his knowledge and belief, No unquali- any unqualified person or body of persons is entitled as ^^^ owners. owner to any legal or beneficial interest in such ship or any share therein : The above declaration of ownership shall be made and sub- scribed in the presence of the registrar if the declarant reside within five miles of the custom-house of the port of registry, but if beyond that distance in the presence of any registrar or of any justice of the peace. The beneficial interests contemplated in subs. (5), are the equitable rights provided for by ss. 62, 63, 64 (»). See 25 & 26 Vict. c. 63, s. 3, under s. 43, p. 43, as to meaning of beneficial interest. FOEM No. 2 (Substituted foe Schedule B) Resident or non-resident owner or transfei-ree \ ^'^^'^^'^l-iorn sulject. Declaeation of Owneeship by Individual. No., Date, and Port of previous Kegistry (if any). Whether British or Foreign Built. Whether a Sailing or Steam ship : and if a Steam ship, how propelled. Where Built. When Built. Name and Address of Builders. * If foreign built, add " and her foreign name is + If British, insert " Bmtish." " Built at in the county of on the (m) Liverpool Borough Bank v. Turner, 1 Johns. & H. 169 ; 2 De Gr. F. & J. 502 ; Ex parte Yallop, 15 Ves. 60. 38 DECLARATION OF OWNERSHIP BY INDIVIDUAL. Length from fore part of stem, under the Feet. Tenths. Number of decks bowsprit, to the aft side of the head of Number of masts the stern post Rigged . . . Main breadtii to outside of plank . . . Stern Depth in hold from tonnage deck to ceiling Build .... at midships Galleries . Depth in hold from upper deck to ceiling Head .... at midships, in the case of three decks Framework and upwards . ' Length of engine-room (if any) . . . Pabticulabs op Engines (ip any). No. of En- gines. Description. Whether Britisli or Foreign made. When made. Name and Address of Makers. Diameter of Cylinders. Length of Stroke. No. of Horses' Power (combined). Pakticulaes op Tonnage. Gboss Tonnage. Under tonnage deck . Closed-in spaces above the tonnage deck, if any .... Space or spaces between decks Poop. . . 1 . . Forecastle .... Roundhouse . . . ; Other closed-in spaces, if any, as follows : — Gross tonnage Deductions, as per contra Registered tonnage No. of Tons. Deductions Allowed. On account of space required for propeUing power On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the personal pro- perty of the crew These spaces are the following, viz. : — Total deductions No. of Tons. 1, the undersigned born British subject, born at of , declare as follows : — .1 am a natural- in the county of and have never taken day of Inmmng the place and country] " on the 18 ." If foreign, insert "FoRBiajj.' " Built at u „ ,. - ,j day of 18 ;" or if foreign, and place of build unknown, insert "Foreign." "Time and place of build are unknown to the declarant ; "or if a condemned ship, insert " Condemned by the Court of " naming the Court] "on the day of ." DECLAEATION OF OWNERSHIP BY BODY CORPORATE. 39 the oath of allegiamce to any foreign State. The above general description of the ship is correct. , whose certificate of competency or service is No. , is the master of the said ship. I am entitled to be registered as owner of shares of the said ship. To the best of my knowledge and belief, no person or body of persons, other than such persons or bodies of persons as are by the •' Merchant Shipping Act, 1854," qualifi.ed to be owners of British ships, is entitled as owner, to any interest whatever, either legal or beneficial, in the said ship. And I make this solemn declaration conscientiously believing the same to be true. Made and subscribed the day of ] 18 , by the above named in the presence of J If in the presence of a registrar he will add to his signature "Registrar of the port of ." If in the presence of a magistrate his description shoidd be added, as, for example, "Justice of the peace acting in and for " [naming the county, city, borough, &c., as the case may 6e]. No stamp duty is required for this form (see s. 9, p. 10). As to the penalty for a false declaration, see s. 103, sub-s. (4), p. 94. 39. No body corporate shall be entitled to be registered as Declaration of owner of a ship or of any share therein until the secretary or ^^^y'^^^Jf ^^ other duly appointed public officer of such body corporate has porate. made and subscribed in the presence of the registrar of the port of registry a declaration in the form marked C. in the schedule hereto, referring to the ship as described in the certi- ficate of the surveyor, and containing the following particulars ; (that is to say,) (1.) A statement of such circumstances of the constitution Qualification. and business of such body corporate as prove it to be qualified to own a British ship. (2.) A statement of the time when and the place where such Particulars of ship was built, or (if the ship is foreign-built, and the time and place of building unknown,) a statement that she is foreign-built, and that he does not know the time or place of her building ; and, in addition thereto, in the case of a foreign ship, a statement of her foreign name, or (in the case of a ship condemned) a state- ment of the time, place, and court at and by which she was condemned : (3.) A statement of the name of the master : Master. (4.) A statement of the number of shares in such ship of No. of shares. which such body corporate is owner : (5.) A denial that, to the best 6f his knowledge and belief, ^^^^^^^f any unqualified person or body of persons is entitled as owner to any legal or beneficial interest in such ship or any share therein. 40 DECLARATION OF OWNEESHIP BY BODY COEPOEATBi FORM No. 8 (Substituted fob Schedule C). Dkclakation of Cwnbeship on behalf of a Body Coepoeatb as Ownee. No., Date, and Port of previous Registry (if any). Whether British or Foreign Built. Whether a Sailing or Steam Ship ; and if a Steam Ship, "how propelled. Where Built. When Built. Name and Addres.^ of Builders. Number of decks Number of malsts Bigged Stern Build . . . Galleries . Head . Framework Length from fore part of stem, under the bowsprit, to the aft side of the head of the stem post Main breadth to outside of plank . . . Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) Feet. Tenths. Paeticulaes op Engines (if any). No. of En- gines. Description, Whether British or Foreign made. When made. Name and Address of Makers. Diameter of Cylinders. Length of Stroke. No of Horses' Power (combined). on the * If foreign built, add " and her name is + If British, insert ' ' British. " " Built at ' in the county of ■ ,, °*y°*- , 18 ." If foreign, insert "Foreign." "Built at [naming the place and country] " on the day of 18 • " or if foreim and place of build unknown, insert "FoREiaN." "Time and place of build are unknown to the declarant : or if a condemned ship, insert " Condemnea by the Court of " [namina tlie Voun\ outas day of ." ■. j DECLARATION OF OWNERSHIP BY BODY COItPORATE. 41 Paeticulars of Tonnage. Geoss Tonnage. Under tonnage deck Closed-in spaces above the tonnage' deck, if any Space or spaces between decks Poop Forecastle Roundhouse .... Other closed-in spaces, if any, as follows : — No. of Tons. Deductions Allowed. On account of space required for propelling power On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the personal pro- perty of the crew These spaces are the following, viz. : — Total deductions No. of Tons. Gross tonnage . . Deductions, as per contra Registered tonnage . I, the undersigned A. S. ot [duly ajppovnted public officer] , of the in the county of , [Secretary'] , or Company, declare as follows : The said Company was incorporated by or by virtue of an Act of Parlia-' ment of the United Kingdom [cite tlie year of the reign in mhioK the Act mas passed, its clmpter and title.]. )or a charter grant- ed by Her Ma- jesty, and dated the day of L 'an Act or Ordinance of the Legislature of [cite the year in ivhich the ) or ' Act or Ordinance was passed, its chap- _ ter and title.] the Act 7 & 8 Vict. c. 110, from the day of , being the date of the certi- ficate of complete . registration. whose certificate of shares in the The above general description of the ship is correct, competency or service is No. , is master of the said ship. The said Company is entitled to be registered as owner of said ship. To the best of my knowledge and belief no person or body of persons other than such persons or bodies of persons as are by the " Merchant Shijjping Act, 1854," qualified to be owners of British ships, is entitled as owner to any interest whatever, either legal or beneficial, in the said ship. ■ And I make this solemn declaration, conscientiously believing the same to be true. (Signed) Dated at the day of , 18 . Made and subscribed by the above-named A. B. in the presence of me (Signed) j [Na-me of Registrar.] No stamp duty is required for this form (see s. 9, p. 10). 42 EVIDENCE TO BE PRODUCED. §§ 40-42 Evidence to be produced on registry. Certificate of British built ship. Of foreign built ship. Condemna- tion. Penalty on builder for false certifi- cate. Particulars of entry in register book. Name and port. Tonnage, build, de- scription. Origin. Owners. 40. Upon the first registry of a ship there shall, in addition to the declaration of ownership, be produced the following evidence ; (that is to say,) . (1.) In the case of a British-built ship, a certificate (which the builder is hereby required to grant under his hand) containing a true account of the proper denomination and of the tonnage of such ship as estimated by him and of the time when and of the place where such ship was built, together with the name of the party (if any) on whose account he has built the same, and if any sale or sales have taken place, the bill or bills of sale under which the ship or share therein, has become vested in the party requiring to be registered as owner : (2.) In the case of a foreign-built ship, the same evidence as in the case of a British-built ship, unless_ the person requiring to be registered as owner, or, in the case of a body corporate, the duly appointed oflicer, declares that the time or place of her building is unknown, or that the builder's certificate cannot be procured, in which case there shall be required only the bill or bills of sale under which the ship or share therein became vested in the party requiring to be registered as owner thereof : (3.) In the case of a ship condemned by any competent court, an official copy of the condemnation of such ship. 41. If any builder wilfully makes a false statement in any certificate hereby required to be granted by him he shall for every such offence incur a penalty not exceeding 1001. 42. As soon as the foregoing requisites to the due registry of a ship have been complied with, the registrar shall enter in the register book the following particulars relating to such ship ; (that is to say,) (1.) The name of the ship and of the port to which she belongs : (2.) The details as to her tonnage, build, and description comprised in the certificate hereinbefore directed to be given by the surveyor : (3.) The several particulars as to her origin stated in the declaration or declarations of ownership : (4.) The names and descriptions of her registered owner or owners, and if there is more than one such owner, the proportions in which they are interested in such ship. TKUSTS AND BENEFICIAL INTERESTS. 43 taken of trusts. .A register is not a document required by the law of nations as expres- go 40 43 sive of a ship's natfonal character (o).i (With respect to national ^^ ' character, see s. 102, p. 93.) 18 & 19 Vict. c. 91, s. 9. — Any person who, in any declara- False declara- tion made in the presence of or produced to any registrar of tion of owner- shipping, in pursuance of the second part of the Merchant ship made a Shipping Act, 1854, or in any documents or other evidence misdemeanor. produced to such registrar, wilfully makes, or assists in making or procures to be made, any false statement concerning the title to or the ownership of or the interests existing in any ship, or any share or shares in any ship, or who utters, pro- duces, or makes use of any declaration or document containing any such false statement, knowing the same to be false, shall be guilty of a misdemeanor. 43. No notice of any trust, express, implied, or constructive, No notice shall be entered in the register-book, or receivable by the registrar; and, subject to any rights and powers appearing by the register-book to be vested iu any other party, the registered owner of any ship or share therein shall have' power absolutely to dispose in manner hereinafter mentioned of such ship or share, and to give effectual receipts for any money paid or advanced by way of consideration. 25 & 26 Vict. c. 63, s. 3. — It is hereby declared that the expression " Beneficial Interest," whenever used in the second part of the Principal Act, includes interests arising under con- tract and other equitable interests ; and the intention of the said Act is that, without prejudice to the provisions contained in the said Act for preventing notice of trusts from being entered in the Eegister-book or received by the registrar, and without prejudice to the powers of disposition and of giving receipts conferred by the said Act on registered owners and mortgagees, and without prejudice to the provisions contained in the said Act relating to the exclusion gf unqualified persons from the ownership of British ships, equities may be enforced against owners and mortgagees of ships in respect of their interest therein, in the same manner as equities may be enforced against them in respect of any other personal property. The former state of the law rigidly excluded all equitable interests, and frequently caused very great hardship (^). The " interests arising Equities not excluded by Merchant Shipping Act. (0) Le Oheminant v. Pearsin, 4 Taunt. 367. (p) The Spirit of the Ocean, 34 L. J. Ad. 75.' 44 CEETIFICATE OF BRITISH REGISTRY. §§ 43, 44. Interests arising under contract. Infant purchaser. Unregistered mortgagee. under contract " mentioned in this section, are executory contracts of sale or mortgage, not yet perfected by the execution of the statutory in- struments. Thus, if an infant purchases a vessel, his name cannot appear on the register as the owner, but the vendor will be the infant's trustee in equity ,until, on his coming of age, he is enabled to make the declaration of ownership required by s. 38 (j) (see also s. 99, p. 92). Again, if a registered mortgagee deposits his mortgage deed with a creditor, and does not register the assignment, this section gives the holder of the deed an equitable mortgage, which he may enforce, notwithstanding s. 71 (r). Persons " beneficially interested," unless they are mortgagees, are subject to all the pecuniary penalties imposed by these Acts on owners (see s. 100, p. 93). Certificate of registry to be granted. Name. Tonnage. Master. Origin. Owners. Certificate of Registry. 44. Upon the completion of the registry of any ship the registrar shall grant a certificate of registry in the form marked D. in the schedule hereto, comprising the following particulars ; (that is to say) — (1.) The name of the ship and of the port to which she belongs : (2.) The details as to her tonnage, build, and description comprised in the certificate hereinbefore directed to be given by the surveyor : (3.) The name of her master : (4.) The several particulars as to her origin stated in the declaration or declarations of ownership : (5.) The names and descriptions of her registered owner or owners, and if there is more than one such owner, the proportions in which they are respectively interested, indorsed upon such certificate. (?) Sta/pleton v. Eaymen, 2 H. & C. 918 ; 1 Mar. Law Cas. 416. (r) Lacon v. Liffen, 32 L. J. Ch. 2.5 ; i Giff. 75. CERTIFICATE OF BRITISH REGISTRY. 45 The following form is substituted for that given in Schedule D. : Ceetificate or British Registet. Particulaes op Ship. No., Date, and Port of previous Registry (if any). ■Whether British or Foreign Built. ■Whether a Sailing or Steam Ship ; and if a Steam Ship, how propelled. ■Where Built. When Built. Name and Address of Buildtrs. Number of decks Number of masts Rigged Stem Build . Galleries . Head . Frame'svork Length from the fore part of stem, under the bowsprit, to the aft side of the head of the stern post Main breadth to outside of plank ■ Depth in hold from tormage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of ships of three decks and upwards .... Length of engine room (if any) , . , Feet. Tenths. Paeticulaes of Engines (if any). No. of En- gines. Description. Whether British or Foreign jnade. ■When made. Name and Address of Makers. Diameter of Cylinders. Length of Stroke. No. of Horses' Power (ccttQbined). 40 CERTIFICATE OF BRITISH REGISTRY. Pakticulaes of Tonnage. Gross Tonnage. Under tonnage deck Closed-in spaces above the ton^ nage deck,- if any Space or spaces between decks Poop .... Forecastle . Roundhouse . Other closed-in spaces, if any. as follows : — Gross tonnage - Deductions, as per contra . Registered tonnage InEe- gister Tons. In Cubic Metres. Deductions Allowed. On account of space required for propelling power . On account of spaces occupied by seamen or apprentices, and appropriated to their use, and kept free from goods or stores of every kind, not being the personal property of the crew .... These spaces are the following, viz. : — No. o£ Tons. Total deductions I, the undersigned A. B., Registrar trf the Port of , hereby certify, that the ship, the description of which is prefixed to this my certificate, has been duly surveyed, and that the above description is true ; that , whose certificate of competency or service is No. , is the master of the said ship ; and that the name , residence, and description of the owner and number of sixty -fourth shares held by are as follows : — Name, Residence, -and Occxipatiun of the Owner. Number of Sixty-fourth Shares. Dated at tie day of one thousand eight hundred and Registrar of Shipping. Ndtice.^Vue, certificate of registry is not a document of title. It does not necessarily contain notice of all changes of ownership, and in no case does it contain an official record of any mortgages afEecting the ship. In case of any clumge of omnersMp it is important for the protection of the interests of all parties that the change should be registered according to law. Should the vessel be lost, sold to foreigners, or be broken up, notice thereof together with the certificate of registry, if in existence, should immediately be given to the Registrar of Shipping at the port of registry, under a penalty of £100 for default. For further information, apply to the Registrar of Shipping at any Custom House. COLONIAL CEKTIFICATES. 47. Terminable Certificates m Colonies. 31 & 32 Vict. c. 129, s. 1.— The goyernor or officer lawfully §§ 44-46. administering the government of any British possession may from time to time, with the approval of one of Her Majesty's ^rmhiable Principal Secretaries of State, make regulations providing cerUficates of that on an applicatioQ for registration nnder the Merchant registry, Shipping Act, 1854, in that possession of any ship not exceed- subject to ing sixty tons bnrden, the registrar may grant, in lieu of a conditions m certificate of registry as required by that Act, a certificate of registry to be terminable at the end of six months from the granting thereof, or of any longer period ; and all certificates of registry granted under any such regulations shall be in such form and shall have effect subject to such conditions as the regulations prescribe. 31 & 32 Vict. c. 129, s. 2. — Notwithstanding anything in Ship to be the Merchant Shipping Act, 1854, or in any other Act, any deemed ship to which a certificate is granted under any such regula- ^^gi^t'^^'J- tions shall, while such certificate is in force, and in relation to all things done or omitted during that period, be deemed a registered British ship. 45. Wbenever any change takes place in the registered Change of ownership of any ship, then, if such change occurs at a time i^rsed°on when the ship is at her port of registry, the master shall forth- certificate of with deliver the certificate of registry to the registrar, and he "^^^^ ^^' shall indorse thereon a memorandum of such change ; but if such change occurs during the absence of the ship from her port of registry, then upon her first return to such port, the n;iaster shall deliver the certificate of registry to the registrar, and he shall indorse thereon a like memorandum of the change ; or if she previously arrives at any port where there is a British registrar, such registrar shall, upon being advised by the regis- trar of her port of registry of the change having taken place, indorse a like memorandum thereof on the certificate of regis- try, and may for that purpose require the certificate to be delivered to him, so that the ship be not thereby detained ; and any master who fails to deliver to the registrar the certi- ficate of registry as hereinbefore required; shall incur a penalty not exceeding lOOZ. 46. Whenever the master of any British registered ship is Change of changed, the follovnng persons, .that is to say, if such change ^Jojfg^gJ"^^'^ is made in consequence of the sentence of any naval court, the .certificate of nresiding oificer of such court, but if the change takes place registry. 48 POWER TO GRANT NEW CERTIFICATE. 48 48. from any other cause, the registrar, or if there is no registrar, the British consular ofBcer resident at the port where such change takes place, shall indorse on the certificate of registry a memorandum of such change, and subscribe his name to such indorsement, and forthwith report the change of master to the Eegistrar General of Shipping and Seamen ; and the oflBcers of customs at any port situate within Her Majesty's dominions, may refuse to admit any person to do any act at such port as master of any British ship, unless his name is inserted in, or indorsed upon, the certificate of registry of such ship as the last appointed master thereof. Transfer to / the Eegistrar General of Seamen of duties of Commis- sioners of Customs ■vrith respect to registry of Power to grant new certificate. Provision in case of loss of certificate. 35 & 36 Vict. c. 73, s. 4.— The 46th, 54th, 92nd, and 94 th sections of the Merchant Shipping Act, 1854, shall be read and construed as if the Eegistrar General of Seamen were therein named instead of the Commissioners of Customs, and the returns required to be transmitted by the said 94th section of the Merchant Shipping Act, 1854, shall be transferred to the Eegistrar General of Seamen, and not to the custom house in London, and the Eegistrar General of Seamen shall be called the Eegistrar General of Shipping and Seamen. These changes have been made in all the above-mentioned sections, without reference being made in each case to this enactment. 47. The registrar may, with the sanction of the commis- sioners of customs, upon the delivery up to him of the former certificate of registry, grant a new certificate in the place of the one so delivered up. 48. In the event of the certificate of registry of any ship being mislaid, lost, or destroyed, if such event occurs at any port in the United Kingdom, the ship being registered in the United Kingdom, or at any port in any British possession, the ship being registered in the same British po.ssession, then the registrar of her port of registry shall grant a new certificate of registry in lieu of, and as a substitute for, her original cer- tificate of registry ; but if such event occurs elsewhere, the master, or some other person having knowledge of the circum- stances, shall make a declaration before the registrar of any port having a British registrar at which such ship is at the time, or first arrives after such mislaying, loss, or destruction ; and such declaration shall state the facts of the case, and the names and descriptions of the registered owners of such ship. CUSTODY OF CERTIFICATE. 49 to the best of the declarant's knowledge and belief ; and the §§ 48-50. registrar shall thereupon grant a provisional certificate as near to the form appointed by this Act as circumstances permit ; and shall insert therein a statement of the circumstances under which such provisional certificate is granted. 49. Every such provisional certificate shall, within ten days Provisional after the first subsequent arrival of the ship at her port of dis- te delifeied charge in the United Kingdom, if registered in the United up. Kingdom, or if registered elsewhere, at her port of discharge in the British possession within which her port of registry is situate, be delivered up to the registrar thereof, who shall thereupon grant a new one, as near to the form appointed by this Act as circumstances permit ; and if the master neglects Penalty. to deliver up such certificate within such time, he shall incur a penalty not exceeding 50^. 50. The certificate of registry shall be used only for the Custody of lawful navigation of the ship, and shall not be subject to '^'^^tificate. detention by reason of any title, lien, charge, or interest what- soever which any owner, mortgagee, or other person may have, or claim to have, on or in the ship described in such certificate ; and if any person whatever, whether interested or not in the Delivery ot ship, refuses on request to deliver up such certificate when in '^^"'tifi^^t^ his possession or under his control, to the person for the time required. being entitled to the custody thereof for the purposes of such ^et^^t^^"^ lawful navigation as aforesaid, or to any registrar, ofBcer of the customs, or other person legally entitled to require such delivery, it shall be lawful for any justice, by warrant under his hand and seal, or for any court capable of taking cognisance of such matter, to cause the person so refusing to appear before him and to be examined touching such refusal ; and unless it is proved to the satisfaction of such justice or court jhat there was reasonable cause for such refusal, the offender shall incur a penalty not exceeding 100?. ; but if it is made to appear to such justice or court that the certificate is lost, the party complained of shall be discharged, and such justice or court shall thereupon certify that the certificate of registry is lost. Tills section was intended to be a direct prohibition of any dealing Certificate with the certificate for any other purpose than the navigation of the cannot be ship, and it therefore necessarily prohibits the pledging of the certificate, pledged Hence, where a creditor threatened to arrest a ship, and the owner gave E 50 PENALTY FOE USING IMPROPER CERTIFICATE. §§ 50-53. Detention of it by a creditor, unlawful. To whom it should be delivered. The master should keep it. There are no liens on the certificate. Mode of proceeding if detaining partyabsoond. Penalty for using im- proper certificate. Certificate of ship lost or ceasing to be British to be delivered up. the certificate to the creditor, as a pledge that the ship should not go to sea, and afterwards redemanded the certificate, which the creditor re- fused to give up, it was held that the detention of the' certificate was unlawful, and that the creditor must pay damages arising from his having prevented the ship going to sea (a). When there are several owners of a ship, the Court of Admiralty will, in a suit for possession, grant a monition to show cause why the certificate should not be delivered to the owner having the majority of interest (J). A ship had arrived in port, and before she was discharged, the owner demanded the certificate from the master, intending to dismiss him, but not telling him of this. The master refused to give it up, and was held not liable for the penalty. If the owner had said, " I dismiss you, and require you to give up the certificate," the master would then have in- curred the penalty by refusing (c). The master has no lien on the cer- tificate for his wages and disbursements, nor have shipbrokers any lien on it for advances to the owner for the use of the ship (fAGB. No. of Deductions Allowed. No. o Tons. Under tonnage deck . On account of space required for Closed-in spaces above tonnage propelling power deck, if any ..... On account of spaces occupied by Space or spaces between decks seamen or apprentices, appro- priated to their use, and kept Poop Tee from goods and stores of Forecastle every kind,uot being the personal Bound hoase .... property of the crew . Other closed-in spaces, if any. These spaces are the following, as follows.— Gross tonnage . Deductions, as per contra . . . Eegiste red tonnage . Total deductions . * in consideration of the sum of paid to+ by the receipt whereof is hereby acknowledged, transfer shares in the ship above par- ticularly described, and in her boats, guns, ammunition, small arms, and appurtenances, to the said . Further t the said for§ heirs covenant with the said and II assigns, that IT have power to transfer in manner aioresaid the premises hereinbefore expressed to be transferred, and that the same are fi'ee from incumbrances** In witness whereof ha hereunto subscribed _ name and affixed seal this day of one thousand eight, hundred and Executed by the above-named in the presence of '1," or "-we." » "I " or "we " + "Me," or "us." § "Myself and my," or'' ourselves and our." _ „ S " His "" her, or " their. "I h °^ ^^- ** If there be any subsisting mortgage,^ or outstanding certificate of mortgage, add save as appears by the registry of the said ship." 54 SALE OF SHIPS. § 65. Shares in shipping within the Trustee Act, 1850. Definition of "Stock." ' Previous Statutes. Bill of sale the only mode of transfer. Former policy contiaued. Application of section. 5 5. Equities. Ships, are not ordinary chattels. Bill of sale the universal mode of transfer. 18 & 19 Vict. c. 91, s. 10. — Shares in ships registered under the said " Merchant Shipping Act, 1854," shall be deemed to be included in the word " stock," as defined by the " Trustee Acfr, 1850," and the provisions of such last-mentioned Act shall be applicable to such shares accordingly. This definition, as given in 13 & 14 Vic. o. 60, s. 2, is, — The word " Stock " shall mean any fund, annuity, or security, transferable in books kept by any company established, or to be established, or transferable by deed alone, or by deed accompanied by other formalities, and any share or interest therein. In the older statutes, from which this clause was taken (a), there are to be found the words'" otherwise such transfer shall not be valid or effectual for any purpose whatever, either in law or equity." The omission of these words from this section raised the question as to whether any other mode of transfer was valid. It has now been decided that this section is mandatory, that is, that the legislature intended that ships should be transferred by registered bill of sale, and by no other means (S). This was the former policy, and the Act of 1854 is a Con- solidation Act, and contains nothing to show a departure from the former policy in this respect. The same reasons apply to mortgages, which can only be made in the prescribed manner (see see. 66, p. 67). This and the two following sections do not, however, apply to transfers by operation of law, such as the transfer from a testator to his executors, and so on, but relate to transfers under a contract (c) (see sec. 58, p. 61). It is now enacted that equities may be enforced against owners and mortgagees of ships in respect of their interest therein, in the same manner as equities may be enforced against them in respect of any other personal property {d) (see sec. 43, p. 43). The bill of sale passes the actual property in the ship at common law, as between buyer and seller, even though the transfer is not registered (e) ; registration is a record of the sale, not the sale itself (/). Sale of Ships. By private persons. — Ships are personal property, but are in some respects different from ordinary chattels. They do not pass by delivery, nor does possession prove the title to them ; and there is no market overt for ships (^). " A bill of sale," said Lord Stowell, " is the proper title to which the maritime courts of all countries look. It is the Universal instrument of transfer of ships in the usage of all maritime countries, and in no degree a peculiar title deed or conveyance known only to the law of England. It is what the maritime law expects, what the Court of Admiralty would in its ordinary practice always require, and what the legislature has made absolutely necessary by statute " (A). (a) 3 & 4 Wm. IV. o. 55, s. 31, and 8 & 9 Vict. c. 89, s. 34. (6) The Liverpool Bo^-ough Bank v. Turner, 1 Johns. & H. 169 : on aupeal 2 De e. F. & J. 502. (c) Ex parte Yallop, 15 Ves. (2nd ed.) 69. {d} 25 & 26 Vict. o. 63, ». 3. (c) Stapleton v. Haymen, 2 H. & 0. 918. (/) The Spirit of the Ocean, 34 L. J. (Ad.) 76. (g) Booper v. Ovmm, L. E. 2 Oh. 290. {h) The Sisters, 5 C. Rob. 155 ; Weston v. Penniman, 1 Mason (Amer, Hep.) 317; Kent's Commentaries (12th ed., 1873), III. 30. WHAT PROPERTY PASSES BY SALE OF SHIP. 55 The bill of sale of a ship must be distinguished from the ordinary bill of sale, which is in reality a species of mortgage (i). When the ship sold is in the country of its owner, and delivery of actual possession is pos- sible, such delivery is necessary to give a perfect title to the buyer, in case of the sale of the whole ship (j). Without delivery, the sale may be deemed fraudulent {k) ; or the ship may be seized by creditors of the vendor, as being in his reputed ownership, if the vendor becomes bank- rupt (I). But if the ship is sold while she is at sea, it is sufficient if the purchaser takes possession as soon as may be after her return (m). A bill of sale of a ship, though in form absolute, may in some cases operate at law only as a mortgage, and this depends on the intention of the parties (»). The general rule is, that whoever purchases under an illegal title does so at his own peril, and must take the consequence, both in purchase and in his own subsequent expenditure upon it, of his inattention to his own security (o). But several acts of bond fide transfer, and for valuable consideration, cure antecedent defects of title {p}. With respect to the sale of a ship by a competent court, see sec. 62, p. 64, and as to a sale by the master in oases of necessity, and without the owner's authority, see Part III. p. 104. § 55. Delivery when whole ship is sold. Sale of ship at sea. Defective title. Other oases of sale. WJiat Property passes hy the Sale of a Ship. When a ship that is complete and furnished with all the necessary What passes tackle and appliances, is sold, what passes to the vendee in addition to depends on the vessel itself, will depend upon the terms of the particular con- contract, tract (2). And when it is intended to include boats, stores, tackle. Boats etc. ballast, and the other things belonging to her, these should be mentioned should be in the bill of sale (r). " Appurtenances " appears to include all such mentioned, matters as are incidental to the working of the ship («). Appur- But if a ship is sold before she is finished, it becomes sometimes a tenances. matter of difficulty to determine what the purchaser has acquired. As a g^le of un- general rule, when a person contracts with another, that the other shall finished ship, make, or construct some specific thing, as a carriage, ship, &c., the pur- chaser acquires no right whatever to the thing until it is completed and delivered (t). When the purchaser has agreed to pay instalments of the purchase- Intention a money during the completion of the work, and does pay them, it then questiftn of becomes a question of fact as to what the intentidn of the parties was. feet. (i) The hill of sale of a ship is excepted from the operation of the Bills of Sale Act (17 & 18 Vict. c. 36, s. 7.) {j) Abbott on Shipping (11th ed.) 24. (k) 18 Eliz. c. 5. (Z) 32 & 33 Vict. i;. 71, o. 15, subs. (5). See Eobson on Bankruptcy (2nd ed.) 412. (to) AiUnson v. Moling, 2 T. E. 462. (n) Gardner v. Cazenove, 1 H. & N. 423; 26 L. J. Ex. 17. (o) The Perseverance, 2 C. Kob. 239. (p) The Helena, 4 0. Rob. 4 ; The Australia, 13 Moo. P. C. 132. (g) Maud and Pollock on Merchant Shipping (2nd ed.) 31. (r) MoUoy, B. 2, c. 1, s. 8 ; Lano v. Neate, 2 Stark. 105 ; Kinter's Case, 1 Leon. 46, 47. (s) Langton v. Em-ton, 5 Beav. 9 ; Abbott on Shippmg (11th ed.) 5. (t) Mucklow V. Mangles, 1 Taunt. 318; AtUnson v. Bell, 8 B. & C. 277. 56 DECLARATION BY TEANSFERREE. gS 55 56 The property does not pass merely by its being manufactured, but ! ! only when it is the intention of the parties that it shall pass (m). If the Materials for parties intend that the property shall pass during construction, the the ship. question then is, What is the ship 1 and not. What is meant for the ship 1 Those things pass to the purchaser which have been fitted to, and have become part of the ship, as, for instance, a door being upon hinges, even though afterwards removed for convenience. But materials procured by the vendor, and destined to be part of the ship, do not pass to the pur- American law. chaser i£ they have not been as yet aflSxed to the vessel (»). In America it has been held, that the fact that certain portions of the contract price are agreed to be paid, and are paid to the builder at specified stages of the work, does not of itself vest any property in the unfinished ship in the person for whom it is being made (y"). Declaration to 56. No individual shall be entitled to be registered as trans- tmSfeiree^ ferree of a ship or any share therein until he has made a declaration in the form marked F. in the schedule hereto, stating his qualification to be registered as owner of a share in a British ship, and containing a denial similar to the denial hereinbefore required to be contained in a declaration of ownership by an original owner ; and no body corporate shall be entitled to be registered as transferree of a ship or any share therein until the secretary or other duly appointed public officer of such body corporate has made a declaration in the orm marked G. in the schedule hereto, stating the name of .such body corporate, and such circumstances of its constitution and business as may proye it to be qualified to own a British ship, and containing a denial similar to the denial hereinbefore required to be contained in a declaration of ownership made on behalf of a body corporate : In the case of an individual, the above declaration shall be made, if he reside within five miles of the custom house of the port of registry, in the presence of the registrar, but if beyond that distance in the presence of any registrar or of any justice of the peace ; in the case of a body corporate the declaration shall be made in the presence of the registrar of the port of registry. (m) Wood V. £ell, 6 E. & B. 355 ; 25 L. J. Q. B. 321. (x) Wood V. Bell, 6 E. & B. 355 ; 25 L. J. o. B. 321 : Beniamin on (2nd ed.) 251. {y) Andrews v. Dwrrant, 11 New York (Amer.) Kep. 35 ; Skull v. ShaJces- peare, 75 Penn. (Amer.) Kep. 297. DECLARATION BY TRANSFEURKE. 57 The following forms are now substituted for those originally given in Schedules F. and G. :— FOEM No. 6. Joint owner o»' I ,7- . 71 1 • ^ tramforree \ Nafiur-al-lon-n mljeot. Declaeation by a Joint Owner ob Xeansfeeeee. No., Date, and Port of previous Registry (if any). Whetller British or Foreign Built. Whether a Sailing or Steam Ship ; and if a Steam Ship, how propelled. Where Built. When Built. Name and Address of Builders. Number of decks Number of masts Stem BuUd . Galleries . Head . .Framework Length from fore part of stem, under the bowsprit, to the aft side of the head of the stern post Main breadth to outside of plank . . . Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) Feet. Tenths. PAETICULAltS OF ENGINES (IF ANY). No. of En- gines. Description. Whether British or Foreign made. When made. Name and Address of Makers, Diameter of Cylinders. Length of Stroke. ■No. of Horses' Power (combined). * If foreign built, add "and her foreign name is + If foreign, and time and place of build unknown, insert " Foreign. " "Time and place of build are unknown to the declarant ;" vr, if a condemned ship, insert "Condemned by the Court of " inaming the Cowl] " on the day of 58 DECLARATION BY TRANSFERBEE. Paeticulaes ov Tonnagb. Geoss Tonnage. Under tonnage deck Closed-iin spaces above the tonnage deck, if any Space or spaces between decks Poop . Forecastle Round house .... Other closed-in spaces, if any, as follows : — Gross tonnage Deductions, as per contra Registered tonnage . No. of Tons. Deductions Allowed. On account of space required for propelling power On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the personal pro- perty of the crew These space are the following, viz, :— 1 No. of Tons. Total deductions I, the undersigned of declare as follows : — I am a natural -born British subject, born at in the cotinty of , and have never taken the oath of allegiance to any foreign State. The above general description of the ship is correct. whose certificate of competency or service is No. , is the master of the said ship. I am entitled to be registered, as joint owner, with the several other persons whose names are hereunder written, of shaies in the said ship. To the best of my knowledge and belief, no person or body of persons other than such persons or bodies of persons as are by " The Merchant Shipping Act, 1854," qualified to be owners of British ships is entitled, as owner, to any interest whatever, either legal or beneficial, in the said ship. Joint Ownees with Dbclaeant. Names. Place of Residence. Occupation. Place of Birtli. And I make this solemn declaration conscientiously believing the same to be true. Made and subscribed the day 1 of 187 , by the above-named V in the presence of ) J If in the presence of a registrar he will add to his signature, "Registrar of the port of ." If in the presence of a magistrate his description should be added, as, for example, " Justice of the peace acting in and ior", [naming. the county, dty, hovongh, &c., as the case may be]. DECLARATION BY TRANSFERREE. 59 FORM No. 8. Dkclaeation of Ownership on bbhah- of a Body Corpobate as Transtbeeeb. Official Number of Ship. Name of Ship. No., Date, and Port of Registry. * No., Date, and Port of previous Registry (if any). Whether British or Foreign Built. Whether a Sailing or Steam Ship ; and if a Steam ship, how propeUed. Where Built. When Built. Name and Addres of Builders. t Number of decks Number of masts Eigged Stern Build . Galleries . Head . Framework ' Length from fore part of stem, under the bowsprit, to the aft side of the head of the stern post , . . ^ . Main breadth to outside of plank .... Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) Feet Tenths, Paetioulaes of Engines (if ant). No. of En- gines. Description. Whether British or Foreign made. When made. Name and Address of Makers. Diameter of Cylinders. Length of Stroke. No, of Horses' Power (combined). * If foreign built, add, "her foreign name is ." + If British, insert " Bbitish. " " BuUt at in the conuty of on the day of 18 ." If foreign, insert " Foreign. " " Built at [naming tJieplace and country] " on the day of 18 ; " or, if foreign, and time and place of build are unknown, insert " FoREiaif." "Time and place of build are unknown to the declarant ; " or, if a condemned ship, insert " Condemned by the Court of " [naming the Court] "on the day of fiO DECLARATION BY TRANSFERREE. Paeticulaks or Tonnage, Geoss Tonnage. Under tonnage deck Closed-in spaces above-tlie tonnage deck, if any Space or spaces between decks Poop Forecastle Round house .... Other closed-in spaces, if any, as follows : — No. of Tons. Deductions Allowed. On account of space required for propelling power On account" of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the personal pro- perty of the crew These spaces are the following, viz. : — Total deductions No; of Tuns. Gross tonnage . . Deductions, as per contra . Registered tonnage . I, the undersigned in the county of of the company, declare as follows : — The said company was incorporated by virtue of * . The above general description of the ship is correct. whose certificate of com- petency or service is No. , is the master of the said ship. The said company is entitled to be registered as transferrees of shares in the said ship. To the best of my knowledge and belief, no person or body of persons other than such persons or bodies of persons as are by the " Merchant Shipping Act, 1854," qualified to be owners of British ships is entitled, as owner, to any interest whatever, either legal or beneficial, in the said ship. And I make this solemn declaration conscientiously believing the same to be true. Made and subscribed the day ) of 18 , by the above-named > in the presence of ) No stamp duty is required for these two forms (see s. 9, p. 10). * Here insert such of the descriptions as are applicable. " An Act of Parliament of the United Kingdom " [cite the year of the reign in which the Act was passed, its cha/pter amd title\ " The said company is subject to the laws of the and ha« its principal place of business at ; " or, " a Charter granted by Her Majesty, and dated the day of 18 . The said company is subject to the laws of the and has its principal place of business at ; " or, An Act or Ordinance of the Legislature of " [cite the year in which the Act or Ordinance was passed, its chapter and title^. "The said company is subject to the laws of the and has its principal place of business at ; " or, the Act 7 & 8 Vict. c. 110, from the day of being the date of the certificate of complete registration. The said Company is subject to the laws of the and has its principal place of business at .'\ If in the presence of a registrar he will add to his signature " Registrar of the port of . '' If in the presence of a magistrate his description should be added, as for example, " Justice of the peace acting in and for " [naimng the county, city, borough, ttc, as the case may be]. TRANSMISSION BY OPERATION OF LAW. 61 57. Every bill of sale for the transfer of any registered ship, co gw gg or of any share therein, when duly executed,' shall be produced ' ' to the registrar of the port at which the ship is registered, Kegistratiou together with the declaration hereinbefore required to be made by a transferree ; and the registrar shall thereupon enter in the register book the name of the transferree as owner of the ship or share comprised in such bill of sale, and shall indorse on the bill of sale the fact of such entry having been made, with the date and hour thereof ; and all bills of sale of any ship or shares in a ship shall be entered in the register book in the order of their production to the registrar. 58. If the property in any ship or in any share therein Transmission becomes transmitted in consequence of the death, or bank- ^eathTank- ruptcy, or insolvency of any registered owner, or in conse- ruptcy, or quence of the marriage of any female registered owner, or by ™"Tiag'=- any lawful means other than by a transfer according to the provisions of this Act, such transmission shall be authenticated by a declaration of the person to whom such property has been transmitted, made in the form marked H. in the Schedule hereto, and containing the several statements hereinbefore required to be contained in the declaration of a transferree, or as near thereto as circumstances permit, and, in addition, a statement describing the manner in which, and the party to whom, such property has been transmitted ; and such declara- tion shall be made and subscribed if the declarant resides at or within five miles of the custom house of the port of registry in the presence of the registrar, but if beyond that distance in the presence of any registrar or of any justice of the peace. For the declaration of ownership required to be made by an individual, see s. 38, p. 36. As to what is to be done in case the property becomes transmitted to an unqualified owner, see s. 62, p. 6i, et seq. The quali- fications of owners of British ships are set out in s. 18, p. 14. Although no notice of trusts can be put on the register, yet equitable interests in ships may now be enforced against the owners (see s. 43, p. 43). The following form is now substituted for that originally given in Schedule H. 62 TRANSMISSION BY OPERATION OF LAW. FOEM No. 14. Declaration of Ownbeship oe Inteebst on Tbansmission by Bankeuptcy. No., Date, and Port of previous' Registry (if any). Whether British or Foreign Built. "Whether a Sailing or Steam Ship ; and if a Steam Ship, how propelled. Where Built. When Built. Name and Address of Builders. Number of decks Number of masts Rigged Stern Build . Galleries . Head . Framework Length from fore part of stem, under the bowsprit, to the aft side of the head of the stem post Main breadth to outside of plank . Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) . . . Feet. Tenths. Paeticulaes op Engines (if any). No. of En- gines. Description. Whether British or Foreign made. When made. Name and Address of Makers. Diameter of Cylinders, Length Stroke. No. of Horses' power (combined). * If foreign built, add "and her foreign name is ." If British, insert "Bkitish." "Built at in the county of on the day of 18 ." If foreign, insert " FoBBiQN." "Built at [naming tJie place and country] " on the day of 18 ; " or, if foreign, and tiine and place of build unknown, insert "Foreign." "Time and place of build are unknown to tlie declarant;" or, if a condemned ship, insert "Condemned by the Court of" [naming the Court] " on the day of TRANSMISSION BY OPERATION OF LAW. 63 Paeticulaes of Tonnage. Gross Tonnage. Under tonnage deck Closed-in spaces above the tonnage deck, if any Space or spaces between decks Poop Forecastle Round house .... Other closed-in spaces, if any, as follows : — Gross tonnage . Deductions, as per contra . Registered tonnage . No. of Tons. Dbditctions Allowed. On account of space required for propelling power On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the per- sonal property of the crew These spaces are the following, viz. : — No. of Tons. Total deductions * the undersigned declare as follows : — The person appearin'j; by the register book to be the t of shares in the ship above described was on the day of one thousand eight hundred and duly X and§ appointed ll assignee of the estate and effects of the said and IT entitled to be registered as ** of the said shares of the said ship. Andf f make this solemn declaration conscientiously believing the same to be true. Made and subscribed by the above-named ) in the presence of ( * "I" or "we." + " Owner, " or " mortgagee. '' J " Adjudged a bankrupt. " § Here state who has been appointed. 11 "Official" or " creditors," or " official and creditors." ir " I am " or " we are." ** "Owner," or " mortgagee." "H" If in the presence of a registrar he will add to his signature " Kegistrar of the port of ." If in the presence of a magistrate his description should be added, as, for example, "Justice of the peace acting in and for" [naming the county, citi/, borough, &c., as the case may 6e]. 59. If such transmission has taken place by yirtue of the Proof of trans- bankruptcy or insolyency of any registered owner, the said bankruptcy, declaration shall be accompanied by such eridence as may for marriage, will, the time being be receivable in courts of justice as proof of testacy. ' the title of parties claiming under any bankruptcy or insol- Tency ; and if such transmission has taken place by virtue of the marriage of a female owner, the said declaration shall be accompanied by a copy of the register of such marriage, or other legal evidence of the celebration thereof, and shall declare the identity of the said female owner ; and if such transmission 64 TRANSMISSION BY OPERATION OF LAW. §§ 59-GS. ^^ taken place by virtue of any testamentary instrument or by intestatcy, then in England, "Wales, and Ireland, the said declaration shall be accompanied by the probate of the wiU or the letters of administration, or an official extract therefrom, and in Scotland, or in any British possession by the will or any copy thereof that may be evidence by the laws of Scotland, or of such possession, or by letters of administration or any copy thereof, or by such other document as may by the laws of Scotland, or of such possession, be receivable in the courts of judicature thereof as proof of the person entitled upon an intestacy. Registration 60. The registrar, upon the receipt of such declaration so shareT^™' ^ accompanied as aforesaid, shall enter the name of the person or persons entitled under such transmission in the register book as owner or owners of the ship or share therein in respect of which such transmission has taken place ; and such persons, if more than one, shall, however numerous, be con- sidered as one person only as regards the rule hereinbefore contained relating to the number of persons entitled to be registered as owners. Registrar to 61. Of the documents hereby required to be produced to evidence. t^^ registrar he shall retain in his possession the following ; that is to say, the surveyor's certificate, the builder's certifi- cate, the copy of the condemnation, and all declarations of ownership. Unqualified 62. Whenever any property in a ship or share in a ship bytensmis^ becomes vested by transmission on the death of any owner or sion may on the marriage of any female owner in any person not for^sllfof ™''* qualified to be the owner of British ships, it shall be lawful, sliip. if such ship is registered in England or Ireland for the Court of Chancery, or the Court of Admiralty, if in Scotland, for the Court of Session, or if in any British possession for any court possessing the principal civil jurisdiction within such possession, upon an application made by or on behalf of such unqualified person, to order a sale to be made of the property so transmitted, and to direct the proceeds of such sale, after deducting the expenses thereof, to be paid to the person entitled under such transmission, or otherwise as the court may direct ; and it shall be in the discretion of any such court as aforesaid to make or refuse any such order for sale, and to annex thereto any terms or conditions, and to require SALE OF SHIP BY COMPETENT COURT. 65 63. any evidence in support of such application it may think fit, §§ 63, and generally to act in the premises in such manner as the justice of the case requires. 24 & 25 Vict. c. 10, s. 12.— The High Court of Admiralty Sections 62 to shall have the same powers over any British ship as are con- yfiot u lol ferred upon the High Court of Chancery in England, by the extended to' sixty-second, sixty-third, sixty-fourth, and sixty-fifth sections Court of of the Merchant Shipping Act, 1854. Admiralty. Sale of a Ship by a Com/petent Court. There are other cases in which the decree of a maritime court is required. When a ship has been captured in war, in order that the captor may be able to conTey a good title in- selling her, he must obtain a decree of her condemnation as prize by some competent court ; and this decree is one of the title-deeds to the vessel (a). The Court that condemns her must be properly constituted; and have jurisdiction over the case, and must be located in the captor's country (J). And in all cases, if in any proceeding m rem, that is against the ship itself, a com- petent court decrees a sale, this will be binding on all the world (c). The decision of a foreign Court is now binding on Englishmen, even though it appears from the reasons given for the decision, that the Court proceeded on a mistaken idea of English law {^d) ; since it is considered that foreign laws are facts, and when a person is suing in a court, and wishes to rely upon some foreign law, it is his business to inform the Court correctly as to what that law is (e). In any case, if the sale of a ship, or of any other personal property, is binding in the country where it takes place, it vrill be binding here (/). See as to foreign courts gene- rally. Part X., p. 459. By 24 & 25 Vict. c. 11, s. 1, the Superior Courts of this country may remit a case with queries to a Court of any foreign State with which Her Majesty may have a convention for that purpose, for ascertaining the law of such State. And by s. 3 of the same Act, the Courts of this country may pronounce an opinion on a case remitted by a Court of any such foreign country. 63. Every order for a sale made by such Court as aforesaid Order to he shall contain a declaration vesting the right to transfer the Q^„rt_ ^ ship or share so to be sold in some person or persons named by Capture. Condemning Court must have jurisdiction. Foreign deci- sion binding even though founded on a mistake in English law. Valid sale abroad. Means for ascertaining foreign law. (a) The Flad Oyen, 1 C. Rob. 139 ; Wheelwright v. Depeyster, 1 Johns. {\jnQv RcT). ) 4/ X. (b) The kewrich and Maria, 4 C. Kob. 43 ; The Falcon, 6 0. Kob. 194 ; Abbott on Shipping (11th ed.), 22 ; The Alerta, 9 Cranoh (Amer. Kep.), 359 ; The Arabella, 2 Gall (Amer. Rep.), 368. ,„„.,-, (c) The Bold Buccleugh, 7 Moo. P. C. 267 ; Story on the Conflict of Laws, ^' {d) 'Oastrique v. Imrie, L. B. 4 H. L. 415 ; Godard v. Gray, L. R. 6 ■(e) Di Sora v. PhiUips, 10 H. L. 0. 624. (/) Cammell v. SeweU, 5 H. & N. 728 ; 29 L. J. Ex. 350. 66 PEOHIBITION OF TRANSFERS. Limit of time for appli- cation. §§ 63-65. the Court, and such nominee or nominees shall thereupon be entitled to transfer such ship or share in the same manner, and to the same extent, as if he or they were the registered owner or owners of the same ; and every registrar shall obey the requisition of such nominee or nominees as aforesaid in respect of any transfer to the same extent as he would be compellable to obey the requisition of any registered owner or owners of such ship or share. 64. Every such application as aforesaid for sale shall be made within four weeks after the occurrence of the event on which such transmission has taken place, or within such further time as such Court as aforesaid may allow, such time not in any case to exceed the space of one year from the date of such occurrence as aforesaid ; and in the event of no such application being made within such period as aforesaid, or of such Court refusing to accede thereto, the ship or share so transmitted shall thereupon be forfeited in manner hereinafter directed with respect to interests acquired by unqualified owners in ships using a British flag and assuming the British character. See SB. 103 to 106, p. 94 et seq., as to forfeiture in sucli cases. 65. It shall be lawful in England or Ireland for the Court of Chancery, or the Court of Admiralty, in Scotland for the Court of Session, in any British possession for any Court pos- sessing the principal civil jurisdiction within such possession, without prejudice to the exercise of any other power such Court may possess, upon the summary application of any inte- rested person made either by petition or otherwise, and either ex pa/rte or upon service of notice on any other person, as the (Court may direct, to issue an order prohibiting for a time to be named in silch order any dealing with such ship or share ; and it shall be in the discretion of such Court to make or refuse any such order, and to annex thereto any terms or conditions it may think iit, and to discharge such order when granted with or without costs, and generally to act in the premises in such manner as the justice of the case requires ; and every registrar, without being made a party to the proceedings, upon being served with such order, or an official copy thereof, shall obey the same. Applicant ^ person who applies to a Court under this section wUl be treated as Sn^nerfonn * standing in the same position as a plaintiff in a suit for specific per- his part. Power of Courts to prohibit transfers. MORTGAGES. 67 formance, and, therefors, in order to obtain an order to restrain a transfer, he must show that he is in a position to carry out his part of the contract (^). Every Division of the High Court of Justice may now direct an order, prohibiting the dealing in any ship or share, with the same effect as if it had been issued by the Court of Chancery under this section (A). Mortgages. 66. A registered ship or any share therein may be made a security for a loan or other yaluable consideration ; and the instrument creating such security, hereinafter termed a " mort- gage," shall be in the form marked I. in the schedule hereto, or as near thereto as circumstances permit ; and on the pro- duction of such Instrument, the registrar of the port at which the ship is registered shall record the same in the register- book. ^ The following forms have been substituted for those given in Schedule I. They are exempt from stamp duty (see s. 9, p. 10) : — FORM No. 11. MoETGAGE (to secueb Peincipal Stjm and Interest). §§ 65. 66. Every division of High Court can make such order. Mortgage of ships and shares therein. Official Number of Ship. Name of Ship. Port Number and Year of Registry. Port of Eegistry. Biitish or Foreign Built. How Propelled. Where Built. When Built. Number of decks Number of masts Eigged Stem Build . Galleries . Head . Framework Length from fore part of stem, under the bowsprit, to the aft side of the head of the stem post Main breadth to outside of plank . . . Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) . . . Feet. Tenths. Paeticulaes of Engines (if any). No. of En- ' gines. Description. Whether British or Foreign made. When made. Name and Address of Makers. Diameter of Cylinders. Length pf Stroke.' No. of Horses' Power (combined). (g) The Ids, Ex paHe Baker, 3 Mar. Law Cas. 52. {h) Nicholas v. Dracachis, 1 P. D. 72. F 2 68 FORM OF MORTGAGE. Gkoss Tonnage. Under tonnage deck Closed-in spaces above the tonnage deck, if any Space or spaces between decks Poop . , . , , Forecastle Round house .... Other closed-in spaces, if any, as follows : — Gross tonnage . Deductions, as per contra ■ Registered tonnage No. of Tons. Deductions Allowed. On account of space required- for propelling power On account of spaces occupied by seamen or apprentices, and ap- propriated' to their use, and kept fi-ee from goods and stores of every kind, not being the per- sonal property Of the crew These spaces are the following, viz. : — Total deductions No. of Tons. * the undersigned in consideration of this day lent tot by do hereby for J and§ heirs, cove- nant with the said firstly : That * or § heirs, executors, or administrators, will pay to the said the said sum of together with interest thereon at the rate of per cent, per annum on the day of next ; and secondly, that if the said principal sum is not paid on the said day * or § heirs, executors, or administrators, will during such time as the same or any part thereof remain unpaid, pay to the said interest on the whole or such part thereof as may for the time being remain unpaid, at the rate of per cent, per annum, by equal half-yearly payments on the day of and day of in every year ; and for better securing to the said the repayment in manner aforesaid of the said principal sum and interest * hereby mortgage to the said shares, of which || the owner in the ship above particularly described, and in her boats, guns, ammu- nition, small arms, and appurtenances. * declare that this mortgage is made on condition that the power of sale which by the " Merchant Shipping Act, 1854," is vested in the said shall not be exercised until the said,^ day of . Lastly,* for I and§ heirs, covenant with the said and assigns that* ha power to mortgage in manner aforesaid the above-mentioned shares, and that the same. are. free from incumbrances.** In witness whereof * and affixed § hundred and . . ha hereto subscribed§ this day of name One thousand eight Executed by' the above-named in the presence of Myself, "or" ourselves. ' I am," or " we are." *"I"or"we." t "Me," or "us." § "My," or "our." IT Insert the day fixed for payment of principal as above. ** If any prior incumbrance add, " aave as appears by the registry of the said ship FORM OF MORTGAGE. 69 INDORSEMENT. N-B. — In case of Transfer it may he made ly Indorsement in the follomng form : — Tbanspbb of Mortgage. * the within-menlioned in consideration of this day paid to f by hereby transfer to J the benefit of the within written security. In witness whereof § ha hereunto subscribed || name and aiiixed || seal , this day of One thousand eight hundred and Executed by the above-nained ) in the presence of \ N.B. — In case a Mortgage is paid off the following Memorandum of its Discliarge mcy be i(sed : — Received the' sum of in discharge of the within written security. Dated at this day of 18 . Witness of ~ FORM No. 12. MOETGAGB (to secure ACCOUNT CURRENT, &C.) Offcial Number of Ship. Name of Ship. Port Number and Year of Ke^istry. Port of Registry. Britisli or Foreign Built. How Propelled. Where Built. When Built. Number of decks Number of masts Rigged Stern Build . Galleries . Head . Framework Length from fore part of stem, under the bowsprit, to the aft side of the head of the stem post Main breadth to outside of plank . . . Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards . . . . Length of engine room (if any) . . . Feet. Tenths. *"I"or"we." t"Me"or"us." § "I" or "we." J "Him -'or "them.' 'My" or "our." 70 FORM OF MORTGAGE. Pakticulaes op Engines (if any). No. of En- gines. Description. Whether British or Foreign made. . When made. Name and Address of Makers. Diameter of Cylinders. Length Stroke. No. of Horses' Power (combined) Gross Tonnage., Under tonnage deck Closed-in spaces above tonnage deck, if any Space or spaces between deck Poop -. . •, . . Forecastle Roundhouse .... Other closed-in spaces, if any, as follows : — No: of Tons. Deductions Allowed. On account of space required for propelling power On account of spaces occupied by seamen or apprentices, appro- priated to their use, and kept free from goods and stores of every kind, not being the per- sonal property of the crew These spaces are the following, viz. : — No. of •Tons. Gross tonnage ', Deductions, as per contra . . . Eegiste ;red tonnage . Total deductions . • Whereas * Now+ the undersigned in consideration of the premises for J and § heirs', covenant with the said and || assigns, to pay to him or them the Sums for the time being due on this security, whether by way of principal or interest, at the times and manner aforesaid. And for the purpose of better securing to the said the payment of such sums as last aforesaid,! do hereby mortgage to the said shares, of which^ the owner in the ship above particularly described, and in her boats, guns, ammunitions, small arms, and appurtenances. Lastly t for J and§ heirs, covenant with the said and II assigns that f ha power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from incumbrances.** In witness whereof t - , ha hereto subscribed § ' name and affixed § seal this day of One thousand eight hundred and ' Executed by the above-named ) in the presence of J * Here state by way of recital that there is an account ciurent between the mortgagor (describing him) and the mortgagee (describing him) ; and describe the nature of the trans- action, so as to show how the amount of principal and interest due at any given time is to be ascertained, and the manner and time of payment. t "I" or "we." t "Myself "or "ourselves." § "My" or "our." || " His " or " their. " IT "I am" or "we are." ** If any prior incumbrance add, " save as appears by the registry of the said ship." DISCHARGE OF MORTGAGE. 71 The indorsement on this form, relating to transfers of mortgages, is R§ 66-68. precisely similar to that indorsed on the preceding form. Section 66 is imperative, that is it commands that mortgages shall be Mortgages made according to its provisions, in order to he valid and effective (i) ; must he in and though equitable mortgages may now be enforced (S) (see s. 43, statutory p. 43), yet this does not remove the necessity of compliance with the form, prescribed forms. The Courts will, however, look to the intention of the Intention of paities, and if it appears that the transaction was meant to be a mort- pai'ties gage, the instrument will only be allowed to have the force of a mort- considered, gage, even though it is in form an absolute bill of sale (I), but it is not then exempt from stamp duty (see s. 9, p. 10). When a person lends Maritime liens money on the mortgage of a ship, he should ascertain what maritime take priority liens there may be upon the ship, because his security will only rank °'^^^ after such liens ; and claims upon her for bottomry, wages, salvage, and mortgages, damage will be satisfied first (m). A mortgagee, on becoming entitled to sell the ship, and taking posses- g^le by sion of ;her with that object, is bound to act with the same care and mortgagee, prudence, and to use every effort, which a prudent proprietor would use, to have the sale conducted to the greatest advantage (ra). But a power of sale is not essential to the mortgage of a ship (o). (See further, s. 70, p. 72.) Bottomry, which is the mortgage of the vessel by the master for Bottomry, repairs and necessaries, is considered in Part III., p. 98. 67. Every such mortgage shall be recorded by the registrar Mortgages to in the order of time in which the same is produced to him for ^^ OTder*o?*^ that purpose ; and the registrar shall, by memorandum under time of his hand, notify on the instrument of mortgage that the same Production, has been recorded by him, stating the date and hour of such record. 68. Whenever any registered mortgage has been discharged, Entry of the registrar shall, on the production of the mortgage deed, ^ortmIe.°^ with a receipt for the mortgage money indorsed thereon, duly signed and attested, make an entry in the register book to the effect that such mortgage has been discharged ; and upon such entry being made, the estate, if any, which passed to the mort- gagee, shall ,vest in the same person or persons in whom the same would, having regard to intervening acts and circum- stances, if any, have vested if no such mortgage had ever been made. (j) The Liverpool Borougji Bank v. Turner., 1 Johns. & H. 169 ; 2 De G. F. & J. 502. (it) 25 & 26 Vict. c. 63, s. 3. (I) Oa/rdner v. Cazenove, 1 H. & N. 423 ; The InnisfaMen, L. R. 1 A. & E. 72 ; 2 Blar. Law Gas. 470 ; European, Sc. Co. v. Soyal Mail, &c. Co., 4K. & J. 686. (m) The Bold Bucckugh, 7 Moo. P. C. 267 ; WiUiams and Bruce, Ad- miralty Practice, 30. (re) Marriott v. The Anchor Reversima/ry Co., 2 Giff. 469 ; 3 L. T. N. S. 538. (o) Dickinson v. Kitchen, 8 E. & B. 789. 72 EIGHTS OF MORTGAGEE. §§ 68-70. Mortgage discharged on the register cannot be revived. Priority of mortgages. Mortgagee not to be deemed Mortgagee in possession. He may use the ship, but is then liable as an owner. Previous law. Mortgagor while in pos- session may act as owner. He has implied authority to repair. The whole object of registration is, that there shall be a true statement upon the register of every transaction, and therefore a mortgage which is once entered upon the register as discharged, cannot be revived, even though the registrar writes a memorandum on the margin that the dis- charge was by mistake, and that a transfer only was intended (^). 69. If there is more than one mortgage registered of the same ship or share therein, the mbrtgagees shall, notwithstand- ing any express, implied, or constructiye notice, be entitled in priority one over the other according to the date at which each instrument is recorded in the register books, and not according to the date of each instrument itself. 70. A mortgagee shall not by reason of his mortgage be deemed to be the owner of a ship or any share therein, nor shall the mortgagor be deemed to have ceased to be owner of such mortgaged ship or share, except in so far as may be neces- sary for making such ship or share available as a security for the mortgage debt. Under the previous Act from wliich this section was taken (g') it was decided that the corresponding section did not apply to a mortgagee in possession (?■) ; nor does it prevent a mortgagee from using the ship, as well as, selling her («). But if the mortgagee does use the ship for the purpose of rendering his security available, he is then an owner within the meaning of the statute, and becomes subject to the liabilities attached to that character (f) (see s. 100, p. 93). Before this enactment, the mortgagee became, in the eye of the law, the owner as soon as the mortgage was registered, and the mortgagor was considered to be a quasi agent for the mortgagee. The inconvenience of this led to the above section, and the eflEeot of it has been that as long as the mortgagee does not take possession of the ship, the mortgagor may act in every respect as the owner, so long as his dealings with the vessel do not detract from or impair the sufficiency of the security. He can, therefore, enter into any contracts touching the disposition of the ship (it). A mortgagor, who was allowed to remain in possession and use of the vessel, placed her in the hands of a shipwright to have her repaired. The shipwright not being able to get paid for the repairs, kept the vessel, and it was decided that, as the mortgagor was allowed to retain the ship, he had an implied authority to have her repaired, and therefore the shipwright was entitled to hold her against the mortgagee until his debt was paid (as'), but this was in virtue of a common law possessory (p) Bell V. Blyth, L. E. 4 Ch. 136 ; The Eoae, L. R. 4 A. & E. 6. (q) 8 & 9 Vict. c. 89, s. 45. (r) Woods T. Bead, 15 L. T. 0. S. 90 ; Dean v. M'Ghie, 4 Bing. 45. (s) European, die. Mail. Co. v. Boyal Mail, &c. Co., 4 K. & J. 676. (0 De Mattos v. Gibson, 1 Johns. & H. 84. (») CoUins T. Lamport, 2 Mar. Law Gas. (Ch.) 153 ; 34 L. J. (Ch.) 196 (x) Waiiams v. AUswp, 10 C. B. N. S. 417 ; 30 L. J. C. P. 353. TRANSFER OF MORTGAGES. 73 lien which is not taken away by this section (y). A person who cc 70.73 supplies necessaries, or executes repairs on a ship, has no maritime lien on .1? Z ' her, hence his claim is postponed to that of the mortgagee (z). As Repairs give a mortgagee is not an owner, he may have the ship arrested at his own no maritime suit, which he could not do formerly (a). The mortgage of a ship carries lien, the freight with it (J), and the freight becomes the mortgagee's property as a clwse i/i action (c). (See further, s. 66, and see Part IX., p. 419, as to repairs and necessaries. ) 71. Every registered mortgagee shall have power absolutely Mortgagee to to dispose of the ship or share in respect of which he is regis- M^* P"^®"^ °^ tered, and to give effectual receipts for the purchase money ; but if there are more persons than one registered as mort- gagees of the same ship or share, no subsequent mortgagee shall, except under the order of some court capable of taking cognisance of such matters, sell such ship or share without the concurrence of every prior mortgagee. 72. No registered mortgage of any ship or of any share Rights of therein shall be affected by any act of bankruptcy committed ™ff^^^IT "°* by the mortgagor after the date of the record of such mort- any act of gage, notwithstanding such mortgagor at the time of his ^^^mptoy of '^ ° ' " ° ° mortgagor, becommg bankrupt may have in his possession and disposition and be reputed owner of such ship or share thereof ; and such mortgage shall be preferred to any right, claim, or interest in such ship or any share thereof which may belong to the assig- nees of such bankrupt. 73. A registered mortgage of any ship or share in a ship Transfer of may be transferred to any person, and the instrument creating mortgages, such transfer shall be in the form marked K. in the schedule hereto, and on the production of such instrument the registrar shall enter in the register book the name of the transferree as mortgagee of the ship or shares therein mentioned, and shall by memorandum under his hand record on the instrument of transfer that the same has been recorded by him, stating the date and hour of such record. A transfer of a mortgage may now be made by an indorsement on the Form of transfer. (y) The Two Mens, L. E. 3 A. & E. 358. (z) The Two Ellens, h. R. 4 P. C. 161. See the elaborate judgment of MelUsh, L. J., in this case. (a) Maclaohlan on Shipping, (2nd ed.) 47. (J) Eusden v. Pope, h. E. 3 Ex. 269 ; JBrown v. Tanner, L. E. 3 Ch. 579- (c) KerswUl v. Bishop, 2 C. & J. 529. H TRANSMISSION BY OPERATION OF LAW, § 74. Transmission of interest of mortgagee by death, bank- ruptcy, or marriage. original mortgage, in the form affixed to the form of a mortgage to secure principal and interest (see s. 66, p. 67). 74. If the interest of any mortgagee in any ship or ia any share therein becomes transmitted in consequence of death, bankruptcy, or insolvency, or in consequence of the marriage of any female mortgagee, or by any lawful means other than by a transfer according to the provisions of, this Act, such trans- mission shall be authenticated by a declaration of the person to whom such interest has been transmitted, made in the form marked L. in the schedule hereto, and containing a statement describing the manner in which and the party to whom such property has been transmitted ; and such declaration shall be made and subscribed, if the declarant resides at or within five miles of the custom house of the port of registry, in the pre^ sence of the registrar, but if beyond that distance in the presence of any registrar or/of any justice of the peace, and shall be accompanied by such evidence as is hereinbefore required to authenticate a corresponding transmission of pro- perty from one registered owner to another. The following form is now used instead of the original Form L. : — Declaration BY MOET&AGEE TAKINCJ BY TeANSMISSION. OfBoial Number of Ship. Name of Bliip. No., Date, and Port of Registry. No., Date, and Port of preyious Registry (if any). Whether British or Foreign Built. Whether a Sailing or Steam Sliip ; and if a Steam Ship, how propelled. Where Built. When Built. Name and Address of Builders. * If foreign built, add " and her foreign name is ." If fp^eign, and time and place of build unknown, insert "Fokeign." "Time and place of build are unknown to the declarant ;" or, if a condemned ship, insert " Condemned ii> theCouftof " \namingtheOowt\ "on the day of .] TEAJSrSMISSION BY OPERATION OF LAW. 7o Number of decks Number of masts Eigged Stern Bmld . Galleries . Head . . , Framework Length from fore part of stem, under the bowsprit, to the aft side of lie head of the stern post ....•,. Main breadth to outside of plank . . . Depth in hold from tonnage deck to ceiling at midships ...... Depth in hold from upper deck to ceiling at midships, in the case of three decks and Upwards ...... Length of engine room (if any) . . , Tenths. Paeticulaes op Engines (if any). No. of Eo- gines. Description. Wliether British or Foreign made. When made. Name and Address of Makers. Diameter of Cylinders. Length of Stroke. No. of Horses* Power (combined) PAETICrLABS OF TONNAGB. Geoss Tonnage. Under tonnage deck Closed-in spaces above the tonnage deck, if any Space or spaces between decks Poop Forecastle Eound house .... Other closed-in spaces, if any, as follows : — No. of Tons. Deductions Allowed. On account of apace required for propelling power . i . On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the per- sonal property of the crew These spaces are the following, viz. : — , Total deductions . No. of Tons. Gross tonnage . Deductions, as per contra . . . '. Eegistered tonnage . 76 CERTIFICATES OF MORTGAGE AND SALE. I, the undersigned A, B., of in the county of I declare that the per- son appearing by the register book to be .the mortgagee of shares in the ship above de- scribed * \died at in the county of having first duly viade hu mill, dated the day of wlwrehj /te appointed vie exeeutor, and I proved his said will on tlie day of mtlie Co^irt of ^ J, or \died, at in tlic county of on tlve day of in- testate, and tJtat letters of administration of Ms estate and effects were on the day of dnhj groMted )or\ We declare that C. D., the person appearing on the register book to be the mortgagee of shares in the ship above described f \rvas on tlie day of duly adjudged a ianjcnqif], or [tvas dnly declared insol- venf], and that we were on the day of appointed assignees of the said O. J)., and we are by law entitled' to be registered as mortgagees of the said shares of the said ship in place of the said 0. J). or I declare as follows :— I declare, that on the da.y of I in- termarried with and am now. the husband of C. B.r the. person ap- pearing on the register book to be the mortgagee of shares in the said ship, and I declare that on such marriage the in- terest in the said C D. became by law Tested in me, and that I am entitled to be registered as mortgagee of the said shares in place of the said C. B, to me ly tlie Cmirt of _ ]■ ■ And I make this solemn declaration conscientiously believing the same to be true. (Signed) Made and subscribed by the above-named A. B. in the presence of me (Signed) Registrar or Jmtioe of tlie Peace. Entrance of transmitted •mortgagee. As to the transmission between registered owners (see s. 58, p. 61), and for the proofs required (see s. 59, p. 63). This form is exempt from stamp duty (see s. 9, p. 10). 75. The registrar, upon the receipt of such declaration and the production of such evidence as aforesaid, shall enter the name of the person or persons entitled under such transmission in the register-book as mortgagee or mortgagees of the ship or share in respect of which such transmission has taken place. Before the Judicature Acts' of 1$73 knA, 1875 (a), the Admiralty Court could only exercise jurisdiction over mortgages registered under this Act (J). Now, however, it is presumed that the Admiralty Division can dispose of all questions relative to mortgages of ships. Certificates of Mortgage and Sale. Powers of 76. Any registered owner, if desirous of disposing, by way mortgage and ^f mortgage or sale of the ship or share in respect of which he confeiTed by certificate. * Alter according to circumstances., (a) 36 & 37 Vict. c. 66, s. 42, and 38 & 39 Vict. c. 77. \b) 24 Vict. v;. 10, s. 11. CERTIFICATES. OF MOETGAGE AND SALE. • 77 IS registered at any place out of the country or possession in §§ 76-79. which the port of registry of such ship is situate, may apply to the registrar, who shall thereupon enable him to do so by granting such certificates as are hereinafter mentioned, to be called respectively certificates of mortgage or certificates of sale, according as they purport to give a^power to mortgage or a power to sell. 77. Previously to any certificate of mortgage or sale being Eequisites for granted, the applicant shall state to the registrar, to be by him mortgage entered in the register-book, the following particulars ; (that ^^^ ^^l^- is to say,) (1.) The names of the persons by whom the power men- tioned in such certifipate is to be exercised, and in the case of a mortgage the maximum amount of charge to be created, if it is intended to fix any such maximum, and in the case of a sale the minimum price at which a sale is to be made, if it is intended to fix any such minimum : (2.) The specific place or places where such power is to be exercised, or if no place be specified, then that it may be exercised anywhere, subject to the provisions herein- after contained : (3.) The limit of time within which such power may be exercised. 78. No certificate of mortgage or sale shall be granted so as Eestriotions ... , 1 i. 1 J on certificates to authorise any mortgage or sale to be made — of mortgage At any place within the United Kingdom, if the port of and sale, registry of the ship be situate in the United Kingdom ; or at any place within the same British possession if the port of registry is situate within a British pos- session ; or By any person not named in the certificate. 79. Certificates of mortgage and sale shall be in the forms Forms of cer- marked respectively M. and N. in the schedule hereto, and mortgage°lnd shall contain a statement of the several particulars herein- sale, before directed to be entered in the register-book, and in addi- tion thereto an enumeration of any registered mortgages or certificates of mortgage or sale affecting the ships or shares in respect of which such certificates are given. 78 CERTIFICATE OP MORTGAGE. FOEM M. Certificate of Mobtgage. No., Date, and Port of preYious Registry (IE any). Whether British or Foreign Built. Whether a Sailing or Steam Ship ; and if a Steam Ship, how propelled. Where Built. When Built. Name and Address of Builders. Number of decks Number of masts Stern Build . Galleries . Head . Framework Length from fore part of stem, under the bowsprit, to the aft side of the head of the stern post Main breadth to outside of plank . . . Depth in hold from tonnage deck to ceiling at midships , Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) . , . Feet. Tenths. Paeticulaes of Engines (if any). No. of En- gines. Description, Whether British or Foreign made. When made. Name and Address of Makers. Diameter of Cylinders. Length of Stroke. No. of Eorses* Power (comt>ined.] * If foreign built, add " and her foreign name is ." If foreign, and time and place of build unknown, insert "Fokbibn." " Time and place of build are unknown to the declarant ; " or, if a condemned ship, insert ' ' Condemned in the Court of " [naming the Cowrt] "on the day of ," CERTIFICATE OF MORTGAGE. 79 Paettculabs of Tonnage. Geoss Tonnage. Under tonnage deck Closed-in spaces above the tonnage deck, if any Space or spaces between decks Poop Forecastle Round house .... Other closed-in spaces, if any, as follows : — Gross tonnage . Deductions, as per contra , , , Registered tonnage . No. of Tons. Deductions Allowed. On account of space required for propelling power On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept fi-ee from stores or goods of every kind, not being the per- sonal property of the crew These spaces are the following, - • viz, : — Total deductions Xo. of Tons. AccoTTNT OP Title op Subsceibing Gwnees. Names of the several subscribing Owners. Number of Sixty-fourth Shares held by each of the sub- scribing Owners, Account of Mortgages or Certi-, ficates of Mortgago or Sale granted in respect of Shares of subscribing Owners. (1). We,* the several above-mentioned persons, whose names are hereunto sub- scribed, being owners of the above ship in the proportions set opposite our respective names in the above account of title, (but subject to tlte several mortgages above-men- tioned^ hereby appoint A. B. of and C. B. of and each of them, our attomies and attorney jointly or severally in our names and on our behalf to mortgage our shares in the above ship, and to execute and do all such deeds, matters, and things as may be necessary for carrying into effect the power hereby given, (2.) We declare that the amount of money to be raised by iportgage under this power shall not exceed £ and that the rate of interest at which .the same is raised shall not exceed & for every £100 by the year. (3.) We declare that the power of mortgaging hereby given may be exercised at . . . I (4.) We declare that the above power shall not be exercised after the expiration of months from the date hereof. In witness whereof, we have hereunto subscribed our names and aifixed our seals, this day of (L.S.) E.F.ot (L.S.) G. H. of I, M. N., Registrar of hereby certify, that the above written particulars relating to the ship , and to the title of several of the above-mentioned owners, * Alter accordingly if there is only one appointer or one attorney. 80 CERTIFICATE OF SALE. are correct ; and I further certify, that the said owners have exercised this certificate in manner above appearing. (Signed) Eegistrar. N.S. — Mortgages created under this power must be indorsed on the certificate in the following form, or as near thereto as drciimstances permit : — The day of Tlui within mentioned sMres m tlie ship were this day mortgaged to X, T. of to secure * £ and interest. (^Signed) i Eegistrar or ■Constclar Officer. FOEM N.t Cbetificatb op Sale. No., Date, and Port of previous Registry (if any). Whether British or Foreign Built. Whether a Sailing or Steam Ship ; and if a Steam Ship. how propelled. Where Built. When Built. Name and Address of Builders. Number of decks Number of masts Rigged Stern , Build . Galleries . Head . Framework Length from fore part of stem, under the bowsprit, to the aft side of the head of the stern post Main breadth to outside of plank . . . Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) . . . Feet. Tenths. • If the mortgage is to cover advances insert "a sum not exceeding £ " or " General balance account," as the case may be. H- All the owners of the ship must be parties to this document. + If foreign built, add " and her foreign name is ." If foreign, and time and place of build unknown, insert " Forbign." ■ " The time and place of build are unknown to the declarant ; " or, if a condemned ship, insert ' ' Condemned in the Court of " [naming the Court] "on the day of CERTIFICATE OF SALE. 81 Paetictjlaes of Engines (if any). No. of En- gines. Description. Whether British or Foreign made. When made. Name and Address of JIakers. Diameter of Cylinders. Length of Stroke. No. of Horses' Power (combined^ Pakticulabs of Tonnage. Geoss Tonnage. Under tonnage deck Closed-iu spaces above the tonnage deck, if any Space or spaces between decks Poop Forecastle Round house .... Other closed-in spaces, if any, as follows : — No. of Tons. Dbductions Allowed. On account of space required for propelling power On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the per- sonal property of the crew These spaces are the following, viz. : — Total deductions , No. of Tons. Gross tonnage . Deductions, as per contra . . , Registered tonnage . Account op Title to the above-mentioned Ship. Names of the Owners of the Ship above-mentioned. Number of Sixty^fourth Shares held by each Owner. Account of Mortgages, or Certi- ficates of Mortgage, or Sale granted in respect of Ship. (1.) We*, the several above-mentioned persons whose' names are hereunto sub- scribed, being owners of the above ship in the proportions set against our respective names in the above-mentioned account of title, (Jmt subject to the several inortgageg alme-mentioned), hereby appoint A. B. of and C. B.ot , and each of them, our attornies and attorney jointly or severally in our names and on our behalf to sell the above ship, and to execute and do all such deeds, matters, and things as may be necessary for carrying into effect the power hereby given. Alter accordingly if only one appointor or one attorney. 82 BULES AS TO CERTIFICATES OF MORTGAGE. (2.) We declare that the ship shall not be sold for a less sum than £ (3.) We declare that the ship may be sold at (4.) We declare that the above power shall not be exercised after the expiration of months from the date hereof. In witness whereof, we have hereunto subscribed our names and affixed our seals, this day of (L.S.) MF.ot (L.S.) G. H. of 4-a. I, M. N., Registrar of , hereby certify that the above- written particulars relating to the ship and to the title of the several above-mentioned owners are correct ; and I further certify that the said owners have executed this certificate in manner above appearing. (Signed) Registrar. No stamp duty is required for these forms (see s. 9, p. 10). Rules as to certificates of mortgage. Record to be indorsed. Not to,!be im- peached by death. ■ Or bank- ruptcy iin cer- tain cjises. Priority by date of record. Certificate gives same 80. The following rules shall be observed as to certificates of mortgage ; (that is to say,) (1.) The power shall be exercised in conformity with the , directions contained in the certificate : (2.) A record of every mortgage made thereunder shall be indorsed thereon by a registrar or British consular oflBcer : (3.) No mortgage lond fide made thereunder shall be im- peached by reason of the person by whom the power was given dying before the making of such mortgage : (4). Whenever the certificate contains a specification of the place or places at which, and a limit of time not exceed- ing twelve months within which, the power is to be exercised, no mortgage land fide made to a mortgagee without notice shall be inipeached by reason of the bankruptcy or insolvency of the person by whom the power was given : (5.) ^very mortgage which is so registered as aforesaid on tjie certificate shall have priority over all mortgages of the same ship or share created subsequently to the date of the entry of the certificate in the register-book ; and if there be more mortgages than one so indorsed the re- spective mortgagees claiming thereunder shall, notwith- standing any express, implied, or constructive notice, be entitled one before the other according to the date at which a record of each instrument is indorsed on the certificate, and not according to the date of the instru- ment creating the mortgage : (6.) Subject to the foregoing rules every mortgagee whose EULKS AS TO CERTIFICATES OF SALE. 83 mortgage is registered on the certificate shall have the §§ 80 81. same rights and powers and be subject to the same -^ ^ ' liabilities as he would have had and been subject to if "e|^gte?-book. his mortgage had been registered in the register-book instead of on the certificate : (7.) The discharge of any mortgage so registered on the Indorsement certificate may be indorsed thereon by any registrar or °^ discharge. British consular ofiicer, upon the production of such evidence as is hereby required to be produced to the registrar on the entry of the discharge of a mortgage in the register-book (see sect. 58, p. 61) ; and upon such indorsement being made, the estate, if any, which passed to the mortgagee shall vest in the same person or persons in whom the same would, having regard to intervening acts and circumstances, if any, have vested if no such mortgage had been made : (8.) Upon the delivery of any certificate of mortgage to the Cancellation registrar by whom it was granted he shall, after record- ° ''^^ ^ ''^^^' ing in the register-book in such manner as to preserve its priority any unsatisfied mortgage registered thereon, cancel such certificate, and enter the fact of such cancel- lation in the register-book j and every certificate so cancelled shall be void to all intents. 81. The followiiig rules shall be observed as to certificates Rules as to n ^ /, -I i. • J. \ certificates of of sale ; (that is to say,) g^lg (1.) No such certificate shall be granted except for the sale of an entire ship : (2.) The poTver shall be exercised in conformity with the directions contained in the certificate : (3.) No sale iond fide made to a purchaser for valuable con- Not to be sideration shall be impeached by reason of the person jnipeached by by whom the power was given dying before the making of such sale : (4.) Whenever the certificate contains a specification of the Or bank- place or places at which, and a limit of time not ex- J^".Pt°y ^^^ <=^i'- ^ ^ ' tain oases. ceeding twelve months withm which, the power is to be exercised, no sale 'bond fide made to a purchaser for valuable consideration without notice shall be im- peached by reason of the bankruptcy or insolvency of the person by whom the power was given : (5.) Any transfer made to a person qualified to be the Transfer. G 2 84 KULES AS TO CEBTIFICATES OF SALE. S 81. owner of British ships shall be by bill of sale in the form hereinbefore mentioned, or as near thereto as circumstances permit {see sect, ho, p. 61.) Sale. (6.) If the ship is sold to a party qualified to hold British ships, the ship shall be registered anew ; but notice of all mortgages enumerated on the certificate of sale shall be entered in the register-book : Documents to (7.) Previously to such registry anew there shall be pro- e pro lice . duccd to the registrar required to make the same the bill of sale by which the ship is transferred, the certifi- cate of sale, and the certificate of registry of such ship : Former regis- (g.) Such last-mentioned registrar shall retain the certifi- cates of sale and registry, and after having indorsed on both of such instruments an entry of the fact of a sale having taken place, shall forward the said certificates to the registrar of the port appearing on such certificates to be the former port of registry of the ship, and such last-mentioned registrar shall thereupon make a memo- randum of the sale in his register-book, and the registry of the ship in such book shall be considered as closed, except as far as relates to any unsatisfied mortgages or existing certificates of mortgage entered therein s Ee-registry (9.) On Such registry anew the description of the ship con- ™thoi\™^* tained in her original certificate of registry may be re-survey. transferred to the new register-book, without her being re-surveyed, and the declaration to be made by the pur- chaser shall be the same as would be required to be made by an ordinary transferree {see sect. 56,^. 56) : Sale to un- (10.) If the ship is sold to a party not qualified to be the qualified owner of a British ship, the bill of sale by which the ship is transferred, the certificate of sale, and the certi- ficate of registry shall be produced to some registrar or consular officer, who shall retain the certificates of sale and registry, and, having indorsed thereon the fact of such ship having been sold to persons not qualified to be owners of British ships, shall forward such certifi- cates to the registrar of the port appearing on the certificate of registry to be the port of registry of such ship ; and such last-mentioned registrar shall there- owner. REVOCATION OF CERTIFICATES. 85 upon make a memorandum of the sale in his register- §§ 81-83 book, and the registry of the ship in such book shall be considered as closed, except so far as relates to any- unsatisfied mortgages or existing certificates of mort- gage entered therein : -(11.) If upon a sale being made to an unqualified person. Penalty for default is made in the production of such certificates as pUancT" are mentioned in the last rule, such unqualified person shall be considered, by British law, as having acquired no title to, or interest in, the ship ; and farther, the party upon whose application such certificate was granted, and the person exercising the power, shall each incur a penalty not exceeding 100/. (12.) If no sale is made in conformity with the certificate Cancellation of sale, such certificate shall be deKvered to the regis- ?! certificate 1 1 ,1 , 1 T , . if no sale takes trar by whom the same was granted ; and such registrar place. shall thereupon cancel it, and enter the fact of such cancellation in the register -book ; and erery certificate so cancelled, shall be void to all intents. 82. Upon proof at any time to the satisfaction of the Com- Powers of missioners of Customs that any certificate of mortgage or sale ^:°™™5" is lost, or so obliterated as to be useless, and that the powers Customs in thereby given have never been exercised, or if they have been cStificate^of ^ exercised, then upon proof of the several matters and things mortgage or that have been done thereunder, it shall be lawful for the ' registrar, with the sanction of the said Commissioners, as cir- cumstances may require, either to issue a new certificate, or to direct such entries to be made in the register-book, or such other matter or thing to be done as might have been made or done if no such loss or obliteration had taken place. 83. The registered owner for the time being of any ship or Eevocation share therein in respect of which a certificate of mortgage or °j mra^gage^ sale has been granted, specifying the place or places where the and sale. power thereby given is to be exercised, may, by an instrument under his hand, made in the form 0. in the schedule hereto, or as near thereto as circumstances permit, authorise the registrar by whom such certificate was granted, to give notice to the registrar or consular ofScer, registrars or consular ofiicers, at such place or places, that such certificate is re- voked ; and notice shall be given accordingly ; and all registrars or consular officers receiving such notice shall record the same, 86 FORM OF REVOCATION. § 83. ^^^ shall exhibit the same to all persons who may apply to them for the purpose of effecting or obtaining a mortgage or transfer under the said certificate of mortgage or sale ; and after such notice has been so recorded, the said certificate shall, so far as concerns any mortgage or sale to be thereafter made at such place, be deemed to be revoked and ^of no effect ; and every registrar or consular officer recording any such notice shall thereupon state to the registrar by whom the certificate was granted, whether any previous exercise of the power to which such certificate refers has taken place. FOEM 0. FoEM OF Revocation. No., Date, and Port of previous Registry (if any). Whether British or Foreign Built. Whether a Sailing or Steam Ship ; and if a Steam Ship, how propelled. Where Built When Built. Xame and Address of Builders. Number of decks Number of masts Rigged Stern Build . Galleries . Head . Framework Length from fore part of stem under the bowsprit, to the aft side of the head of the stem post Main breadth to outside of plank . . . Depth in hold fi'om tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Length of engine room (if any) . . . Feet. Tenths. * If foreign built, add " and her foreign name is .-'If foreign, and time and place of build unknown, insert "Pokeign." " Time and place of build are imknowu to the declarant ;" or, if a condemned ship, insert '' Condemned in the Court of" [nammg the Court] "on the day of .'' FOEM OF REVOCATION. 87 Pakticulaks of Engines (if any). No. of En- gines. Description. Whether British or Foreign made. When made. Name and Addi'ess of Makers. Diameter of Cylinders. Length of Stroke. No. of Horses' Power (combined). Paeticulaes of Tonnage. Geoss Tonnage. Under tonnage deck Cloaed-in spaces above the tonnage deck, if any Space or spaces between decks Poop Forecastle Eound house .... Other closed-in spaces, if any, as follows : — Gross tonnage . Deductions, as per contra . Registered tonnage No. of Tons. Deductions Ai-lowed. On account of space required for propelling power On account of spaces occupied by seamen or apprentices, and ap- propriated to their use, and kept free from goods or stores of every kind, not being the per- sonal property of the crew These spaces are the following, viz. : — Total deductions No. of Tons. We ,* the ojvners of the ship above described, hereby revoke the power of mortgaging (or selling) the said ship given hj its to f by a certificate of mortgage (or sale) dated the day of . , a= j i In witness whereof we have hereunto subscribed our names and alhxed our seals, this day of . „ „ . (L.s.) ^- F. of (L.S.) Gi H- of 4-c. I 31. iV., Registrar of , hereby certify that the said owners have executed this power of revocation in manner above appearing. _ (Signed) - Registrar. No stamp duty is required for this form (see s. 9, p. 10). It has hardly ever been used. * Alter according to circumstances the words printed in italiei. + Insert names of attornies. 88 SHIP REGISTEEED ANEW. §§ 84-86. Alteration in sMp to be registered. On alteration registry anew may be re- c[uired. Grant of pro- Tisional cer- Registry anew and Transfer of Registry. 84. Whenever any registered ship is so altered as not to correspond with the particulars relating to her tonnage or de- scription contained in the register-book,then, if such alteration is made at a port where there is a registrar, the registrar of such port, but if made elsewhere, the registrar of the first port having a registrar at which the ship arrives after her alteration, shall, on application made to him, and on the receipt of a certi- ficate from the proper surveyor specifying the nature of such alteration, either retain the old certificate of registry and grant a new certificate of registry containing a description of the ship as altered, or indorse on the existing certificate a memo- randum of such alteration, and subscribe his name to such indorsement ; and the registrar to whom such application as aforesaid is made, if he is the registrar of the port of registry of the ship, shall himself enter in his register-book the par- ticulars of the alteration so made, and the fact of such new certificate having been granted, or indorsement having been made on the existing certificate ; but if he is not such last- mentioned registrar, he shall forthwith report such particulars and facts as aforesaid, accompanied by the old certificate of registry in cases where a new one has been granted, to the registrar of the port of registry of the ship, who shall retain such old certificate (if any), and enter such particulars and facts in his register-book accordingly. 85. When the registrar to whom application is made in respect of any such alteration as aforesaid is the registrar of the port of registry, he may, if he thinks fit, instead of register- ing such alteration, require such ship to be registered anew in manner hereinbefore directed on the first registry of a ship, and if he is not such registrar as lastly hereinbefo re mentioned he may nevertheless require such ship to be registered anew, but he shall in such last-mentioned case grant a provisional certificate, or make a provisional indorsement of the alteration made in manner hereinbefore directed in cases where no regis- try anew is required, taking care to add to such certificate or indorsement a statement that the same is made provisionally, and to insert in his report to the registrar of the port of regis- try of the ship a like statement. 86. Every such provisional certificate, or certificate pro- TRANSFER OF REGISTRY. 89 visionally indorsed, shall, withiu ten days after the first subse- |§ 86-90. quent arrival of the ship at her port of discharge in the ": : United Kingdom, if registered in the United Kingdom, or, if respebt of registered elsewhere, at her port of discharge in the British alteration, possession within which her port of registry is situate, be delivered up to the registrar thereof, who shall thereupon cause such ship to be registered anew in the same manner in all respects as hereinbefore required on the first registry of any ship. 87. On failure of such registry anew of any ship or registry Consequence of alteration of any ship so altered as aforesaid, such ship shall °^ omission to •^ ^ ■*■ register anew. be deemed not duly registered, and shall no longer be recog- nised as a British ship. 88. If upon any change of ownership in any ship the owner on change or owners desire to have such ship registered anew, although °^ owners, 1 • . ■ ■ 1 1 ,1 • » , •. 1 11 T registry anew such registry anew is not required by this Act, it shall be may be lawful for the registrar of the port at which such ship is granted, if rcci uircd already registered, on the delivery up to him of the existing certificate of registry, and on the other requisites to registry, or such of them as the registrar thinks material, being duly complied with, to make such registry anew, and grant a certificate thereof. 89. The registry of any ship may be transferred from one Eegistry may port to another upon the application of all parties appearing ^^ transfen-ed on the register to be interested in such ship, whether as owners port. or mortgagees, such application to be expressed by a declara- tion in writing made and subscribed, if the party so required to make and subscribe the same resides at or within five miles of the custom house of the port from which such ship is to be transferred, in the presence of the registrar of such port, but if beyond that distance in the presence of any registrar or of any justice of the peace. 90. Upon such application being made as is hereinbefore Manner of mentioned, and upon the delivery to him of the certificate of transfer of registry, the registrar of the port at which such ship is already ^^^^ ^^' registered shall transmit to the registrar of the port at which such ship is intended to be registered notice of such applica- tion having been made to him, together with a true copy of all particulars relating to such ship, and the names of all the parties appearing by his book to be interested as owners or mortgagees in such ship ; and such last-mentioned registrar 90 EEGISTEY. §§ 89-94. shall, upon the receipt of such notice, enter all such particulars and names in his book of registry, and grant a fresh certificate of registry, and thenceforth such ship shall be considered as registered at and belonging to such last-mentioned port, and the name of such last-mentioned port shall be substituted on the stern of such ship in lieu of the name of the port pre- viously appearing thereon. Delivery of certificate upon transfer of registiy. Eestrictions on re-regis- tration of abandoned ships. Ti-ansfer of registry not to afl'ect rights of owners. 18 & 19 Vict. c. 91, s. 12.— Upon the transfer of the regis- try of a ship from one port to another, the certificate of registry required by the 19th section of the Merchant Shipping Act, 1854, to be delivered up for that purpose, may be delivered up to the registrar of either of such ports. 36 & 37 Vict. c. 85, s. 6. — Where a ship has ceased to be registered as a British ship by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy or transfer to a person not qualified to own a British ship, such ship shall not be registered until she has, at the ex- pense of the applicant for registration, been surveyed by one of the surveyors appointed by the Board of Trade and certified by him to be seaworthy. 91. The transfer of the registry of any ship in manner afore- said shall not in any way affect the rights of the several persons interested either as owners or mortgagees in such ship but such rights shall in all respects" be maintained and continue in the same manner as if no such transfer had been effected. Inspection of register books. Indemnity to registrar. Return to be made to Registrar General of Shipping and Seamen. Registry, Miscellaneous. 92. Every person may, upon payment of a fee to be fixed by the Kegistrar General of Shipping and Seamen, not exceeding one shilling, have access to the register-book for the purpose of inspection at any reasonable time during the hours' of official attendance of the registrar. 93. No registrar shall be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his character of registrar, unless the same has happened through his neglect or wilful act. 94. Every registrar in the United Kingdom shall, at the expiration of every month, and every other registrar shall without delay, or at such stated times as may be fixed by the Registrar General of Shipping and Seamen, transmit to the Kegistrar General of Shipping and Seamen a full return in such FORMS OF INSTRUMENTS. 91 form as he may direct of all registries, transfers, transmissions, §§ 94-96. mortgages, and other dealings with ships which have been registered by or communicated to them in their character of registrars, and the names of the persons who have been con- cerned in the same, and such other particulars as may be directed by the said Kegistrar. 95. All fees authorised to be taken under the Second Part of Application this Act shall, if taken in any part of the United Kingdom, be °^ *'^''^- applied in payment of the general expenses of carrying into effect the purposes of such Second Part, or otherwise as the Treasury may direct, but if taken elsewhere shall be disposed of in such way as the executive government of the British possession in which they are taken may direct. 96. The Commissioners of Customs shall cause the several Commis- forms requked or authorised to be used by the Second Part of customs to this Act, and contained in the schedule hereto, to be supplied provide and to all registrars within Her Majesty's dominions for distribu- of Board^rf* tion to the several persons requiring to use the same, either Trade may- free of charge, or at such moderate prices as they may from and'iss™^ time to time direct ; and the said Commissioners, with the con- instructions, sent of the Board of Trade, may from time to time make such alterations in the forms contained in the schedule hereto as it may deem requisite, but sh-all, before issuing any altered form, give such public notice thereof as may be necessary in order to prevent inconvenience ; and the said Commissioners may also, with such consent as aforesaid, for the purposes of carrying into effect the provisions contained in the Second Part of this Act, give such instructions as to the manner of making entries in the register-book, as to the execution and attestation of powers of attorney, as to any evidence to be required for identifying any person, and generally as to any act or thing to be done in pursuance of the Second Part of this Act, as they may think fit. 18 & 19 Vict. c. 91, s. 11. — In any case in which any bill of Forms of sale, mortgage, or other instrument for the disposal or transfer mstrnments. of any ship or any share or shares therein, or of any interest' therein, is made in any form or contains any particulars other than the form and particulars prescribed: and approved for the purpose by or in pursuance of the Merchant Shipping Act, 1854, no registrar shall be required' to record the same with- out the express directions of the Commissioners of Her Majesty's Customs. 92 PROVISIONS FOR SPECIAL CASES. §§ 97-99. Power to registrar to dispense with deolaratious and other evidence. Power for Commis- sioners or (rovemor in special cases to grant a pass to a ship not registered. Provision for cases of infancy or other incapa- city. Declarations lequired. Unless these instruments are made in the prescribed forms, they are not exempt from stamp duty (see s. 9, p. 10). 97. "Whenever in any case in which under the Second Part of this Act any person is required to make a declaration on behalf of himself or of any body corporate, or any evidence is required to be produced to the registrar, it is shown to the satisfaction of the registrar that from any reasonable cause such person is unable to make the declaration, or that such evidence cannot be produced, it shall be lawful for the regis- trar, with the sanction of the Commissioners of Customs, and upon the production of such other evidence, and subject to such terms as they may think fit, to dispense with any such declaration or evidence. 98. In cases where it appears to the Commissioners of Customs, or to the Governor or other person administering the government of any British possession, that by reason of special circumstances it would be desirable that permission should be granted to any British ship to pass, without being previously registered, from one port or place in Her Majesty's dominions to any other port or place within the same, it shall be lawful for such Commissioners or Governor or other person to grant a pass accordingly, and such pass shall for the time and within the limits therein mentioned have the same effect as a certifi- cate of registry. 99. If any person interested in any ship or any share therein is, by reason of infancy, lunacy, or other inability, incapable of making any declaration or doing anything required or per- mitted by this Act to be made or done by such incapable person in respect of registry, then the guardian or committee, if any, of such incapable person, or if there be none, any person appointed by any court or judge possessing jurisdiction in respect of the property of incapable persons, upon the peti- tion of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration, or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person ; and all acts done by such substitute shall be as effectual as if done by the person for whom he is substituted. A declaration of ownership is required before a person can be registered as owner of any British ship, or share in it (see s. 38, p. 36). A decla- FORGERY OF FORMS. 93 ration is also required on behalf of a body corporate (sefe b. 39, p. 39). oo Declarations must also be made by transferrees of ships, or shares in ^* them, whether the transferrees are individuals or bodies corporate (see 99-102. s. 56, p. 56). If the property in a ship is transmitted by the death or bankruptcy of the previous owner, or the marriage of a female owner, a special declaration must be made (see s. 58, p. 61). As to who may be owners of British ships (see s. 18, p. 14). No notice of trusts can be Equities entered in the register book (see s. 43, p. 43) ; but equitable rights may be enforced against owners (see 25 & 26 Vict. c. 63, s. 3, under -s 43 p. 43). ■ ' 100. Whenever any person is beneficially interested, other- Liabilities of wise than by way of mortgage, in any ship or share therein o^^n^rs bene- registered in the name of some other person as owner, the terested™" person so interested shall, as well as the registered owner, be subject to all pecuniary penalties imposed by this or by any other Act on owners of ships or shares therein, so neverthe- less that proceedings may be taken for the enforcement of any such pecuniaiy penalties against both or either of the afore- said parties, with or without joining the other of them. For the meaning of " beneficial interest," see 25 &, 26 Vic. o. 63, s. 3, under s. 43, p. 43. Forffery, 101. Any person who forges, assists in forging, or procures Punishment to be forged, fraudulently alters, assists in fraudulently alter- ^r forgery. ing, or procures to be iraudulently altered, any register-book, certificate of surveyor, certificate of registry, declaration of owner.ship, bill of sale, instrument of mortgage, certificate of mortgage or sale, or any entry or indorsement required by the Second Part of this Act to be made in or on any of the above documents, shall for every such offence be deemed to be guilty of felony. National Character. The penal consequences of sailing under false colours are detailed in Yhe is notice the following sections. The flag which the ship carries is notice to all of master's the world, that the master's authority is conferred by the law of that flag, authority, and that his mandate is contained in the law of the country whose flag he sails under. Those who deal with him must, at their peril, make themselves acquainted with that law (c). 102. No officer of customs shall grant a clearance or tran- National cha- sire for any ship until the master of such ship has declared to raotor of ship (c) Lloyd T, Guiiert, 33 L. J. Q. B. 241 ; in Cam, Scac. L. K, 1 Q. B. 115. M NATIONAL CHARACTER. 102, 103. to be declared before clear- ance. Penalties : Tor unduly assuming a British cha- racter. For conceal- ment of British or assumption of foreign character. For acquiring ownership if unqualified. For false declaration of ownership. such officer the name of the nation to which he claims that she belongs, and such officer shall thereupon inscribe such name on the clearance or transire ; and if any ship attempts to pro- ceed to sea without such clearance or transire, any such officer may detain her until such declaration is made. 103. The offences hereinafter mentioned shall be punishable as follows (that is to say) : (1.) If any person uses the British flag and assumes the British national character on board any ship owned in whole or in part by any persons not entitled by law to own British ships, for the purpose of mating such ship appear to be a British ship, such ship shall be forfeited to Her Majesty, unless such assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in exercise of some belligerent right ; and in any proceeding for enforcing any such forfeiture the burden of proving a title to use the British flag and assume the British national character shall lie upon the person using and assuming the same : (2.) If the master or owner of any British ship does or per- mits to be done any matter or thing, or carries or permits to be carried any papers. or documents, with intent to conceal the British character of such ship from any person entitled by British law to inquire into the same, or to assume a foreign character, or with intent to deceive any such person as lastly hereinbefore men- tioned, such ship shall be forfeited, to Her' Majesty; aind the master, if he commits ort is i^tJ>v;y,to the com- mission of the offence, shall be guilty of a misde- meanour : (3.) If any unqualified person, except in the case of such transmitted interests as are hereinbefore mentioned, acquires as owner any interest, either legal or bene- ficial, in a ship using a British flag and assuming the British character, such interest shall be forfeited to Her Majesty : (4.) If any person, on behalf of himself or any other person or body of persons, wilfully makes a. false declaration touching the qualification of himself or such other person or body of persons to own British ships or any JTATIONAL CHARACTEfi. 95 •sliareB therein, the declarant .shall be guilty of a mis- § 103. demeanour ; and the ship or share in respect of which ' such declaration is made, if the same has not been forfeited under the foregoing provision, shall to the extent of the interest therein of the person making the declaration, and unless it is shown that he had no authority to make the same, of the parties on behalf of whom such declaration is made, be forfeited to Her Majesty : And in order that the above provisions as to forfeitures may Officers autho- be carried into effect, it shall be lawful for any commissioned shTps*° '^'^^ .officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British con- Bular officer to seize and detain any ship which has, either wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjudication before the High vCourt of Admiralty in England or Ireland, or any court having admiralty jurisdiction in Her Majesty's dominions ; and such court may thereupon make such order in the case as it may think fit, and may award to the officer bringing in the same for adjudication, such portion of the proceeds of the sale of any forfeited shipor share as it may think right. 39 & 40 Vict. c. 80, s. 34.— Where under the Merchant Enforcing Shipping Acts, 1854 to 1876, or any of them, a ship is autho- detention of rised or ordered to be detained, any commissioned officer on full ^ ^^' .pay in the naval, or military service of Her Majesty, or any .officer of the Board of Trade, or customs, or any British con- sular officer may detain the ship, and if the ship after such 'detention, or after service on the master of any notice of or order for such detention proceeds to sea before it is released by ' competent authority, the master of the ship, and also the OTvner, and any person who sends the ship to sea, if such owner or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceeding one hundred pounds. Where a ship so proceeding to sea takes to sea when on Carrying board thereof in the execution of his duty any officer authorised °^''^^ *° s^^- to detain the ship, or any surveyor or officer of the Board of Trade or customs, the ovmer and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also a penalty not exceeding one hundred pounds, or, if the offence is hot prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him, after leaving the ship, to return to the port from 96. CABRYING IMPEOPER COLOURS. fis which he is taken, and such expenses may be recovered in like 104-lOR i^^imer as the penalty. Officer not liable for any seizure made on reasonable grounds. Penalty for carrying im- proper colours. Effect of decla- ration in the Act that a ship shall not be recognised as a British ship. 104. No such officer as aforesaid shall be responsible, either civilly or criminally, to any person whomsoever, in respect of the seizure or detention of any ship that has been seized or detained by him. in pursuance of the provisions herein con- tained, notwithstanding that such ship is not brought in for adjudication, or, if so brought in, is declared not to be liable to forfeiture, if it is shown to the satisfaction of the judge or court before whom any trial relating to such ship or such seizure or detention is held, that there were reasonable grounds for such seizure or detention ; but if no such grounds are shown, such judge or court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as it thinks just. 105. If any colours usually worn by Her Majesty's ships, or any colours .resembling those of Her Majesty, or any distinctive national colours, except the red ensign usually worn by mer- chant ships, or except the union jack with a white border, or if the pendant usually carried by Her Majesty's ships or any pendant in anywise resembling such pendant, are or is hoisted on board any ship or boat belonging to any subject of Her Majesty without warrant for so doing' from Her Majesty or from the Admiralty, the master of such ship or boat or the ovraer thereof, if on board the same, and every other person hoisting or joining or assisting in hoisting the same, shall for every such offence incur a penalty not exceeding 500Z. ; and it shall be lawful for any oflBcer on full pay in the military or naval service of Her Majesty, or any British officer of the customs, or any British consular officer, to board any such ship or boat, and to take away any such jack, colours, or pendant ; and such jack, colours, or pendant, shall be forfeited to Her Majesty. 106. Whenever it is declared by this Act that a ship belong- ing to any person or body corporate qualified according to this Act to be owners of British ships shall not be recognised as a British ship, such- ship shall not be entitled to any benefits, privileges, advantages, or protection usually enjoyed by British ships, and shall not be entitled to use the British flag or assume the British national character ; but, so far as regards EVIDENCE OF DOCUMENTS. 97 the payment of dues, the liability to pains and penalties, and §§ the punishment of offences committed on board such ship, or 106 107. by any persons belonging' to her, such ship shall be dealt with in the same manner in all respects as if she were a recognised British ship. If a ship's register is void she wiU not he entitled to the privileges of Void register a British ship ; but she remains subject to the consequences of having no exemption adopted the British flag. Thus virhere a ship, that sailed under the from conse- British flag, engaged in the slave trade, and was seized and condemned, quence of car- the owner was not allowed to prove that the ship's register was void, and ^J^^S th** ^'ig' that he himself was not a British subject. It was held that the fact of her having carried the British flag was of itself sufficient to ensure her condemnation for having been engaged in the slave trade, for the register flag ajid pass of a ship carry with them a presumption of national cha- racter that they are true and correct (d). Evidence. 107. Every register of or declaration made in pursuance of Copies of re- the Second Part of this Act in respect of any British ship may a'eclaratlons to be proved in any court of justice, or before any person having he admissible by law or by consent of parties authority to receive evidence, and to be°''' either by the production of the original or by an examined primdfacie copy thereof, or by a copy thereof purporting to be certified certain things under the hand of the registrar or other person having the charge of the original ; which certified copies he is hereby re- quired to fiimish to any person applying at a reasonable time for the same, upon payment of one shilling for each such certified copy ; and every such register or copy of a register, and also every certificate of registry of any British ship, pur- porting to be signed by the registrar or other proper oificer, shall be received in evidence in any court of justice or before any person having by law or by consent of parties authority to receive evidence as prima facie proof of all the matters con- tained or recited in such register when the register or such copy is produced, and of all the matters contained in or indorsed on such certificate of registry, and purporting to be authenticated by the signature of a registrar, when such certi- ficate is produced. 18 & 19 Vict. c. 91, s. 15. — The copy or transcript of the General register of any British ship which is kept by the chief regis- register books ° •'_ ■__2 in London. (d) The Laura ; Dimiids v. The Queen, 3 Moo. P. C. (N. S.) 181. H 98 BOTTOMRY AND RESPONDENTIA. §§ trar of shipping at the Custom-house in London, or by the 107 108. Regristrar General of Shipping and Seamen under the direction of Her Majesty's Commissioners of Customs or of the Board of Trade, shall have the same effect to all intents and purposes as the original register of which the same is a copy or transcript. Saving Clause. Saving of 108. Nothing in this Act contained shall repeal or affect an c %6 liktin" ^'^^ passed in the session of Parliament holden in the third and to East Indian fourth years of the reign of Her present Majesty, chapter ships. iifty-six, intituled An Act further to regulate the trade of ships built and trading jrithin the limits of the East India Company's charter. Unrepealed Sections 8 and 9 are the only parts of this Act still unrepealed. Section 8 parts of 3 & 4 gives power to certain Indian governors, &c., to stay proceedings in cer- Vict. c. 66. tain cases. Section 9 gives the limits of the East India Company's charter for the purposes of that Act. PART III. Definition of bottomry. Respondentia. When allowed. Necessity for it. INTRODUCTION. Bottomry and Respondentia. , BoTTOMEY is an agreement entered into by the owner of a ship or his agent, whereby in consideration of a sum of money advanced for the use of the stip, the borrower undertakes to repay the same with interest, if the ship terminate her voyage successfully, and binds or hypothecates the ship for the perforinahce^of his contract (a). It is called bottomry from the bottom or keel of the ship being used figuratively for the whole body thereof (}).' Respondentia is the hypothecation of the cargo. (As to the ordinary mortgage of a ship, see sees. 66 — 73, p. 67.) The master is' allowed to raise money on bottomry, that is, on the security of the ship, without the authority of the owners. But the money must be raised for some purpose connected with the' ship, and there must exist a neces- sity for raising it by this means. The master has not prvmS, facie any authority to pledge, the vessel, and he is only justified in doing so when his owner's or his own credit fail to procure him the requisite funds. (a) Smith's Mercantile Law (8th ed.), 409 ; The Atlas, 2 Hagg. Ad. 53. (6) Abbott on Shipping (11th ed.), 125. BOTTOMRY AND RESPONDENTIA. 99 and the repairs or stores for the ship are absolutely necessary (c). " Necessity," said Lord Stowell, " is the vital principle of hypothecation, and the Court of Admiralty will consider every circumstance, will go into the whole history of the voyage in order to determine whether there be that necessity without which an instrument of hypothecation is void " {d). The want which exacts the loan must be such as, if not supplied, would prevent the prosperous completion of the voyage (c) ; and the necessity must be some physical one, that is, either the ship is damaged, or not victualled, or in such a condition that there will be danger if she continues her voyage (/). Where a ship was arrested under a foreign law for an antecedent debt due from her owners, and the master gave a bottomry bond to enable him to release her from arrest, and prosecute the voyage, the bond was not sustained by the Admiralty Court, the necessity not being a physical one (/). The master may also under stringent necessity, borrow iuoney on the security of the cargo, and the character of agent for the shippers is thereby imposed on him by the existence of the necessity (g). He must if possible communicate with the owners of the property he pledges, whether it be the ship or cargo (/i) ; and the bond will be void if either the master or the lender could have communicated with the owners, but did not do so (i). In order that a bottomry bond may be valid, the re- payment of the money lent must depend upon the safe arrival of the ship (A). The lender takes the risk of the vessel performing her voyage in safety. If she is lost on such voyage, the bond is forfeited, and he loses his principal and interest (I). This is called a maritime risk, and in order to counterbalance it, a high premium, called maritime interest, is usually charged on bottomry bonds. The rate of interest is evidence of what risk was intended (m). The contract of bottomry gives the lender a maritime lien on the ship ; it does not transfer the property in her, but only gives the creditor a claim upon the ship, to be carried into effect by legal process (»). This lien continues as long as the ship exists at all, and the bondholder may have the very last plank sold for his benefit (o). (c) Stainlank v. Fenninff, 11 C. B. 51. See Part IX., p. 419, as to the master pledging the o-vmer's credit for necessaries. (d) The Mersey, 3 Hagg. Ad. 40^ ; The Nelson, 1 Hagg. Ad. 175. (e) Maclachlan on Shipping (2nd ed.), 49. (/) The Osmanli, 3 W. Rob. 198. (g) The Gratitudine, 3 C. Roh. 240 ; Pope v. NicJeerson, 3 Story (Amer. Rep.), 465 ; The Ship Packet, 3 Mason (Amer. Rep.), 255. (h) The Bonaparte, 8 Moo. P. C. 45,9; The Hamhurg, B. & L. 253; Pilce V. Balch, 38 Maine (Amer. Rep.), 802. (i) The Pamama, L. R. 2 A. & E. 390 ; and see The Lizzie, L. R. 2 A. & B. 259. {Jc) Stainbamhv. Penning, 11 C. B. 51 ; Stainlank v. Shepherd, 13 C. B. 418. (I) The Boddingtoni, 2 Hagg. Ad, 422 ; The Draco, 2 Sumner (Amer. Rep.), 157 ; Zeland v. TJieMedora, 2 W. & M. (Amer. Rep.), 92. (m) The Emancipation, 1 W. Rob. 124 ; The Alexander, 1 Dods. Ad, 279. (n) Abbott on Shipping (11th ed.), 128 ; Johnson v. Shippen, 2 Ld. Ravm. 984 ; Blaine v. The Charles Ca/rter, 4 Cranch (Amer. Rep.),, 328. (o) The Great Pacific, L. R. 2 A. & E. 381 ; t. R. 2 P. C. 516 ; The Catharina, 15 Jur. 232. See, as to maritime liens in general, Part IX., p. 417. H 2 §108. Only allowed on failure of credit. Allowed when voyage cannot be completed without. Not allowed for antecedent debts. Pledging of cargo. Owners should be communi- cated with. Loan must be at risk on the ship. Bottomry gives a mari- time lien. 100 BOTTOMRY BOND. §108. Original se- curity cannot be changed. Bond may be good in part. Further advances. Collateral security. Hypotheca- tion by owner. Invalid bonds. A later bond is preferred to a former one. If the lender has originally advanced the money on the personal se- curity of the owner or master, he cannot afterwards convert this into a bottomry security ; and a person who owes money to the owner cannot lend him money on bottomry until he has paid off his debt, or if he does, the bond will be invalid to the extent of his debt to the owner (p) ; for it is an established principle that a bottomry bond may be good in part, and bad in part (j). But any one who has lent money on the personal security of the master or owner, may afterwards make further advances on the security of the ship (r) ; and a bottomry bond may be given as collateral security with bills of exchange, the bond to be discharged if the bills are paid {s). The ship's agent may lend money on this security, after he has given the master an opportunity of obtaining it elsewhere (i) ; and the owner himself may borrow money on bottomry if he is at a foreign port, but if he borrows on the security of the ship when he is at his home port, this is not bottomry, but a mortgage, and the transaction is then subject to all the rules relating to ordinary mortgages of ships (m). In the American Courts such a dealing by the owner is not excluded from the term bottomry (m). If a bond is declared invalid by the Admiralty Court, the lender loses his money entirely, as no other coiu^t will entertain his claim, it being beyond the ordinary powers of the master to raise money in this manner (y). When several bottomry bonds are given, the last is paid off first, and so on in the mverse order in which they were given, because it is considered that the previous lenders would have entirely lost their security by the voyage not being completed, if the last lender had not advanced the money, and so enabled the master to arrive home (z). If a bond has been given on ship, freight, and cargo, the ship and freight must be first exhausted to satisfy the bond before the cargo is touched (a). FORMS FOR BOTTOMRY AND RESPONDENTIA (aa). Bottomry Bond on Ship and Febight. Know all men by these presents, that I, A. B., master of the ship " Albany," of London, am held and firmly bound unto C. D., of Bombay, {p) The Bebe, 2 W. Rob. 146. iq) The Prince George, i Moo. P. C. 21 ; The Start of Oak, 1 W. Rob. 204; 27je /fujiter', Ware (Amer. Rep.), 249; The Virgin, 8 Pet. Ad (Amer' Rep.), 538. {r) The Augusta, 1 Dods. Ad. 283 ;The Osmwnli, 3 W. Rob. 217. (s) The Nelson, 1 Hagg. Ad. 169 ; The Onward, L. R. 4 A. & E. 38 • The Hwnter, Ware (Amer. Rep.), 249. ' it) The Lord Cochrane, 2 W. Rob. 331. (u) The Hdgeland, Swa. 495 ; The Duke of Bedford, 2 Hagg. Ad. 295. {X) The JtoyaZ Arch, Swa. 277 ; Greely v. Waterhouse, 1 App. (Amer. Hep.), 9 ; Mwrt-y v. Ship John and Alice, 1 Wash. C. C. (Amer. Rep.), 993 (y) Stainiank v. Shepherd, 13 C. B. 418 ; the "Judicature Act. 1873" (36 & 37 Vict. 0. 66), s. 34. (z) The Bhadcmanthe, 1 Dods. Ad. 204 ; The Eliza, 3 Hagg. Ad. 89 ; The Exeter, 1 C. Rob. 176 ; Fwmiss v. £rig Magoun, Olcott (Amer. Ren.^ 55 (a) The PrisciUa, Lush. 1. ^ i^ /, ■ {aa) These forms are taken from Maclachlan on Shipping (2nd ed ) 879 et seq. " BOTTOMRY BOND. 101 merchant, in the sum of lawful British money, to be paid to the g i aR said C. D., or his certain attorney, executors, administrators, or assigns, ^ for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, and also the said ship, her tackle, apparel, and furniture, and the freight to be earned by her on the voyage after mentioned, firmly by these presents. Sealed with my seal. Dated this day of one thousand eight hundred and Whereas the said ship is lately arrived in the roadstead of Bombay from London, having on her said voyage sustained damages [describe the dam affe'], and heing in want of repairs and provisions to enable her to proceed on her voyage from Bombay to London, for which port she is now bound and about to return, and the said A. B., in order to be enabled to procure the said repairs and provisions, and to pay for the same and for the lawful and necessary disbui'sements and expenses of the said ship at the said port of Bombay, hath requested the said C. D. to lend the sum of for the aforesaid purposes ; and the said 0. D. hath ac- cordingly lent the said sum for the aforesaid purposes, on the hazard and adventure of the said vessel on her said intended voyage from Bombay to London. Now the condition of the above obligation is such, that if the said ship do and shall with all reasonable and convenient speed, sail from the port of Bombay aforesaid, on the said intended voyage to London, and that without deviation (the perils, damages, accidents and casualties of the seas and navigation excepted) ; and if the above bounden A. B., his heirs, executors, or administrators, or the owners of the said ship, do and shall within ten days after the said vessel shall arrive at London aioresaid, well and truly pay or cause to be paid unto the said C. D., his agent, attorney, executors, administrators, or assigns, the said sum of lawful British money,, together with pounds per centum, bottomry premium thereon ; or if on the said voyage the said vessel shall be utterly lost, cast away, or destroyed, in consequence of fire, enemies, pirates, storms, or other the unavoidable perils, dangers, accidents, or casualties of the seas and navigation, to be sufficiently shown or proved by the said A. B., his executors or administrators, or by the owners of the said ship, their executors or administrators : then the above written bond or obli- gation to be void : otherwise to remain in full force and virtue. A. B. (Seal.) Signed, sealed, and delivered, where no stamped 1 paper is to be had, in the presence of J BOTTOMEY BILL, ON SHIP, FREIGHT [AND CARGO]. To all men to whom these presents shall come. I, A. B., of Bengal [part owner and], master of the ship called the " Exeter," of the burden of five hundred tons and upwards, now riding at anchor in Table Bay, at the Cape of Good Hope, send greeting ; Whereas I, the said A. B., [part owner and] master of the aforesaid ship called the " Exeter," now in prosecution of a voyage from Bengal to the port of London, having put into Table Bay for the purpose of procuring provisions and other supplies necessary for the continuation and performance of the voyage aforesaid, am at this time necessitated to take up upon the adventure of the said ship called the " Exeter," the sum of 1000?. lawful monies of Great Britain, for setting the said ship 102 BOTTOMRY BOND. R 1 n« *° ^^^' ^^^ furnishing her with provisions and necessaries for the said a ^"P- voyage, which sum C. D. of the Cape of Good Pope, master attendant, hath at my request lent unto me, and supplied me with at the rate of 12202. sterling for the said lOOOZ., being at the rate of 1221. for every lOOZ. advanced as aforesaid, during the voyage of the said ship from Table Bay to London. Now know ye, that I, the said A. B., by these presents, do, for me, my executors, and administrators, covenant and grant to and with the said C. D., that the said ship shall, [with the first convoy that shall offer for England] [or, with aU reasonable and convenient speed] after, the date of these presents, sail and depart for the port of London, there to finish the voyage aforesaid, and that, without deviation during the com-se thereof (the perils, damages, accidents, and casualties of thfe seas and navigation excepted). -And I, the said A. B., in consideration of the sum of lOOQZ. sterling to me in hand paid by the said C. D. at and before the sealing and delivery of these presents, do hereby bind myself, my heirs, executors, and administrators, my geods and chattels, and particularly the said ship, the tackle and appairel of the same, and also the freight of the said ship which is or shall become due for the aforesaid voyage fi'om Bengal to the port of London, [and also the cargo shipped on board the said vessel for the voyage aforesaid] to pay unto the said C. D„ his executors, administrators or assigns, the sum of 1220Z. of lawful British money, within thirty days next after the safe arrival of the said ship at the port of London from the same in- tended voyage. And I, the said A. B., do, for me, my executors, and administrators, covenant and grant to and with the said Q. D., his executors and ad- ministrators, by these presents, that I, the said A. B., at the time of sealing and delivering of these presents, am [a true and lavrful part owner and] master of the said ship, and have power and authority to charge and engage the said ship with her freight [and cargo] as afore- said, and that the said ship, with her freight [and cargo] , shall at all times after the said voyage, be liable and chargeable for the payment of the said 1220Z. according to the true intent and meaning of these presents. And lastly, it is hereby declared and agreed by and between the said parties to these presents, that in case the said ship shall be utterly lost, miscarry, be cast away, or otherwise destroyed in consequence of fire, enemies, pirates, and any other perils and dangers of the seas and navig^ition, before iher arrival at the said port of London from the said intended voyage, that then the payment of the said 1220?. shall not be demanded, or be recoverable by the said C. D., his executors, adnlinistrators, or assigns, but shall cease and determine, and the loss thereby be wholly borne and sustained by the said C. D., his executors and administrators, and that then- and from thenceforth every act, ' matter, and thing herein mentipned on the part and behalf of the said A. B. shall be void,',anything herein contained, to the contrary not- withstanding. In witness whereof the parties have interchangeably set their hands and seals to four bonds of this tenor and date, one of which being paid, the others to he null and void. At the Cape of Good Hope, this fifteenth day of No- vember, in the year of our Lord one thousand eight hundred and (■ B. F. Witness, ^ G. H. A. B. (L. S.") RESPONDENTIA BOND. 10^ RESPONDENTIA BOND. Know all men by these presents, that I, A. B., master of the ship '' Albany," am held and firmly bound onto C. D., of Odessa, merchant, in the sum of lawful British money, to be paid to the said C. D., his certain attorney, or his executors, administrators, or assigns, to which payment I bind myself firmly by these presents. Sealed with my seal. Dated this day of one thousand eight hundred and Wliereas the said ship '' Albany," having laden on board a cargo of corn, was accidentally stranded and suSered ' great damage, and was taten into the harbour of Odessa by salvors, and her cargo discharged, some being damaged ; and whereas, great expense for salvage and other charges were necessarily incurred, and were charged on the said cargo, and which the said master was unable to pay ; and whereas the said C. D. did contract and agree with the said A. B. to advance the sums of money necessary to enable him to pay the same charges and ex- penses upon the goods and merchandise, lately the cargo of the said ship " Albany," to be re-shipped and forwarded from Odessa to their destination, that is to say, to the port of London in England, it being expressly agreed before any part of such advance was made, that such advance should be by way of respondentia on the said cargo in the voyage last aforesaid ; and whereas under and pursuant to the agreement last aforesaid the sum of was advanced for setting the said ship to sea, and furnishing her with provisions and necessaries for the said voyage, which sum C. D. of the Cape of Good Hope, master attendant, hath at my request lent unto me, and supplied me with at the rate of 12201. sterling for the said lOOOZ., being at the rate of 1221. for every 1001. advanced as aforesaid, during the voyage of the said ship from Table Bay to London. Kow know ye, that I, the said A. B., by these presents, do, for me, my executors, and administrators, covenant and grant to and with the said C. D-, that the said ship shall, [with the first convoy that shall ofEer for England] [or, with all reasonable and con- venient speed] after the date of these presents, sail and depart for the port of London, there to finish the voyage afpresaid, and that, without deviation during the course tjiereof (the perils, damages, accidents, and casualties of the seas and navigation excepted). And I, the said A. B., in consideration of the sum of lOOOZ. sterling to me in hand paid by the said C. D. at and before the sealing and delivery of these presents, do hereby bind myself, my heirs, executors, and administrators, my goods and chattels, and particularly the said ship, the tackle and apparel of the same, and also the freight of the said ship which is or shall beconie due for the aforesaid voyage from Bengal to the port of London, [and also the cargo shipped on boaid the said vessel for the voyage afore- said] to pay unto the said 0. D., his executors, administrators, or assigns, the sum of 1220Z. of lawful British money, within thirty days next after the safe arrival of the said ship at the port of London from the same intended voyage. And I, the said A. B., do, for me, my executors, and administrators, covenant and grant to and with the said C. D., his executors and ad- ministrators, by these presents, that I, the said A. B., at the time of sealing and delivering of these presents, am [a true and lawful part owner and] master of the said .ship, aijd have power and authority to charge and engage the said ship with her freight [and cargo] as afoj-e- §108. 104 SALE OF SHIP BY MASTER. §108. said, and that the said ship, with her freight [and cargo], shall at all times after the said voyage, be liable and chargeable for the payment of the said 1220Z. according to the true intent and meaning of these presents. And lastly, it is hereby declared and agreed by and between the said parties to these presents, that in case the said ship shall be utterly lost, miscarry, be cast away, or otherwise destroyed in consequence of fire, enemies, pirates, and any other perils and dangers of the seas and navigation, before her arrival at the said port of London from the said intended voyage, that then the payment of the said 1220Z. shall not be demanded, or be recoverable by the said C. D., his executors, ad- ministrators, or assigns, but shall cease and determine, and the loss thereby be wholly borne and sustained by the said C. D., his executors and administrators, and that then and from thenceforth every act, matter, and thing herein mentioned on the part and behalf of the said A. B. shall be void, anything herein contained to the contrary not- withstanding. In witness whereof the parties have interchangeably set their hands and seals to four bonds of this tenor and date, one of which being paid, the others to be null and void. At the Cape of Good Hope, this fifteenth day of November, in the year of our Lord one thousand eight hundred and / ■pi -ni Witness, < G. H. A. B. (L. S.) LK. When master may sell. Necessity. Bottomry should be tried iirst. If ship is quite un seaworthy. Sale of Skip Try tlie Master. It is now settled law that in cases of extreme necessity the master may sell the ship abroad without authority from the owner (J) ; but he cannot be too careful in exercising this power, and a purchaser must be very careful in buying a ship under such circumstances, for unless he can prove that the sale was necessary, it will not bind the previous owner (c). The necessity must arise from some of the following cir- cumstances : 1. The state and condition of the vessel ; 2. The conse- quences of not proceeding to sell ; 3. "Want of facility of communication with the owners ; i. The resources of the master, or the total absence of all resources ; 5. To some extent, the power of the master to avert a sale (rf). The master should first tiy to raise money by bottomry, for the circumstances that will justify a sale, though of a like character, must be of a more pressing necessity than those whicli will justify a hypothecation (e). If, when the ship is totally unseaworthy, there be no means of repairing her, or if the repairs would cost more than the whole value of the ship when they were finished, the master may then sell (6) Himter v. Parher, 7 M. & W. 322 ; The Schooner TUton, 5 Mason (Amer. Eep.), 465. (c) The Australia, Swa. 484 ; 13 Moo. P. C. 132 ; The Brig Sarah Arm, 2 Sumner {Amer. Eep.), 206; affirmed on appeal, 13 Peters (Amer. Eep.), 387. (d) The Glasgow or The Ya Macraw, Swa. 145 ; 28 L. T. 13 ; The Mar- garet Mitchell, Swa. 386. (e) The Bonita, Lush. 252 ; SO L. J. N. S. (Adm.) 145 ; Tlie Catherine, IS Jur. 232. APPLICATION OF PART III. OF ACT. 105 ter (/). The general spread of telegraphy, by enabling the master to §8 commumcate at once with the owners, has greatly reduced the number . ~.n i rvq of cases of necessity (^). lUO, iUo. If the- circumstances do not justify a sale, the possession of the ship invalid sales, will be restored to the original owner (7t). Any fraud will Yitiate the transaction, and when the necessity for a sale does exist, the master must act honafide, and for the benefit of all concerned (i). If the owner disapproves of the sale, he must proceed with the greatest promptitude in taking measures to set it aside (Ji). The master may sell the ship so as Master must to bind the insurers, but " if," says Mr. Arnold, " he come to the conolu- try every other sion to sell hastily, either without sufficient examination into the state ™'3™s °fj"^^' of the ship, or without having previously made every exertion in his , . ° power with the means then at his disposal to extricate her from the peril, he will not be justified in selling, even though the danger appear at the time exceedingly imminent " (I). The law of France does J^rench law. not allow the master to sell the vessel without the owner's authority, unless her total unseaworthiness is legally established, (Iwrs U cog cVin- jiavigabiUte Ugalenient constatee) (m). A magistrate, or a French consul, must judge of this unseaworthiness, and the authority of one of them is necessary for the validity of the sale (ii). Application. 109. The various provisions of the Third Part of this Act Application of shall have the following applications, unless the context or ^*^' • " subject matter requires a different application; (that is to say), So much of the Third Part of this Act as relates to the de- Returns for livery or transmission of lists of crews to the Re- ^gi*^^^i„^'fo gistrar-General of Shipping and Seamen shall apply the United to all fishing vessels belonging to the United Kingdom, Kingdom, whether employed exclusively on the coasts of the United Kingdom or not ; to all ships belonging to the Trinity House, or the Commissioners of Northern Lighthouses, constituted as hereinafter mentioned, or the Commissioners of Irish Lights, and to all pleasure yachts, and to the owners, masters, and crews of such ships {see sects. 271 td 274, p. 232) : (/) The Uniao Vencedora or The Qipsy, 33 L, J. Adm. 195 ; 2 Mar. Law Caa. r46. -n \ (o) Gordon v. Massachusetts, Inswance Co., 19 Mass. (Amer. Rep.), 249 ; Australian Steam Namgatvm Co. v. Morse, L. R. 4 P. 0. 222. (h) The Segredo or Jiliza Cornish, 1 Spinks, A. & E. 36. (i> TJie JBonUa, Liish. 252 ; 30 L. J. N. S. (Adm.) 145. he) The Australia, Swa. 486 ; 13 Moo. P. C. 132. U) Oobequid Marine Insv/rance Co. v. Bmrteaux, L. R. 6 P. 0. 329 ; and see Arnold on Marine Insurance (2nd ed.), Vol. I. 333. (m) Code de Commerce, Art. 237. (n) Pardessus Droit Com. No. 606. 106 APPLICATION OF PART III. OF ACT. § 109. Returns and wages of de- ceased seamen in certain colonial ships. Shipping and discharging men in the United King- dom. Volunteering into the navy. Provisions applicable to colonial ships. As to whole of Part III. of Act. So much of the Third Part of this Act as relates to the de- livery and transmission of lists of crews, and to the wages and effects of deceased seamen and apprentices, shall apply to all sea-going British ships, wherever registered, of which the crews are discharged, or whose final port of destination is in the United Kingdom, and to the owners, masters, and crews of such ships {see sects. 271—274, p. 232, and sects. 194—203, p. 175): So much of the Third Part of this Act as relates to the shipping and discharge of seamen in the United King- dom shall apply to all sea-going British ships, where- ever registered, and to the owners, masters, and crews of such ships (see sects. 146 to 176, p. 127) : So much of the Third Part of this Act as relates to seamen volunteering into the royal navy shall apply to all sea-going British ships, wherever registered, and to the owners, masters, and crews of such ships, wherever the same may be (see sects. 214 to 220, p. 192) : So much of the Third Part of this Act as relates to rights to wages and remedies for the recovery thereof ; to the shipping and discharge of seamen in foreign ports ; to leaving seamen abroad, and to the relief of seamen in distress in foreign ports ; to the provisions, health, and accommodation of seamen ; to the power of seamen to make complaints ; to the protection of seamen from imposition ; to discipline ; to naval courts on the high seas and abroad ; and to crimes committed abroad ; shall apply to all ships registered in any of Her Ma- jesty's dominions abroad, when such ships are out of the jurisdiction of their respective governments, and to the owners, masters, and crews of such ships : And the whole of the Third Part of this Act shall apply to all sea-going ships registered in the United Kingdom, (except such as are exclusively employed in fishing on the coasts of the United Kingdom, and such as belong to the Trinity House, the Commissioners of Northern Lighthouses, or the Commissioners of Irish Lights, and also except pleasure yachts,) and also to all ships regis- tered in any British possession and employed in trading or going between any place in the United Kingdom and LOCAL MARINE BOARDS. 107 any place or places not situated in the possession in §§ which such ships are registered, and to the owners, 109, 110. masters, and crews of such ships respectively, wherever ' the same may be. Exemptions. 25 & 26 Vict. c. 63, s. 13. — The following vessels ; that is Third part of to say, Act to api)ly (1.) Eegistered sea-going ships exclusively employed in fish- ^ ^f^^y^t ing on the coasts of the United Kingdom ; jj^use vS sel's (2.) Sea-going ships belonging to any of the ,three general and pleasure ' lighthouse boards ; yachts, with (3.) Sea-going ships being pleasure yachts ; certain ex- shaU be subject to the whole of the third part of the principal "'^P,^°"^' 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. Local Marine Boards. 110. There shall be local marine boards for carrying into Constitution effect the provisions of this Act under the superintendence of jiarfneBoaids. the Board of Trade at those seaports of the United Kingdom at which local marine boards have heretofore been established, and at such other places as the Board of Trade appoints for this purpose ; and each of such local marine boards shall be constituted as follows ; (that is to say,) the mayor or provost and the stipendiary magistrate or such of the mayors or pro- vosts and stipendiary magistrates of the place (if more than one) as the Board of Trade appoints shall be a member or members ex officio ; the Board of Trade shall appoint four members from persons residing or having places of business at the port or within seven miles thereof; and the owners of foreign-going ships and of home trade passenger ships regisr tered at the port shall elect six members ; and such elections as aforesaid shall take place on the twenty-fifth day of January one thousand eight hundred and fifty-seven, and on the twenty- fifth day of January in every third succeeding year, and such appointments as aforesaid shall take place within one month aft^r such elections ; and upon the conclusion of such month and the constitution of a new board the functions of the then existing board shall cease, and the boai'd consisting of the members then newly elected and appointed shall take its place ; 108 LOCAL MARINE BOARDS. 110. 111. Qualification of voters for members of Local Marine Boards, and any occasional vacancy caused in the intervals between the general elections and appointments, by death, resignation, disqualification, or otherwise, shall be filled up within one month after it occurs ; and every person elected or appointed on an occasional vacancy shall continue a member until the next constitution of a new board ; and the mayor or provost shall fix the place and mode of conducting all such elections as aforesaid, and also on occasional vacancies the day of election, and shall give at least ten days notice thereof ; and the Board of Trade shall have power to decide any questions raised con- cerning any such elections. 111. Owners of foreign-going ships and of home trade pas- senger ships registered at any seaport at which there is a local marine board shall have votes at the election of members of such board as follows ; (that is to say,) eveiy registered owner of not less than two hundred and fifty tons, in the whole, of such shipping shall at every election have one vote for each member for every two hundred and fifty tons owned by him, so that his votes for any one member do not exceed ten : and for the purpose of ascertaining the qualification of such electors the following rules shall be observed ; (that is to say) in the case of a ship registered in the name of one person, such per- son shall be deemed to be the owner, and in the case of a ship registered in distinct and several shares in the names of more persons' than one, the tonnage shall be apportioned among the owners as nearly as may be in proportion to their respective shares, and each of such persons shall be deemed to be the owner of the tonnage so apportioned to him ; and in the case of a ship or shares of a ship registered jointly without sever- ance of interest in the names of more persons than one, the tonnage shall, if it is sufficient, either alone or together with other tonnage (if any) owned by such joint owners, to give a qualification to each of them, be apportioned equally between the joint owners, and each of such .joint owners shall be deemed to be the owner of the equal share so apportioned to him, but if it is not so sufficient, the whole of such tonnage shall be deemed to be owned by such one of the joint owners resident or having a place of business at the port or within seven miles thereof as is first named on the register ; and in making any such apportionment as aforesaid any portion may be struck off so as to obtain a divisible amount ; and the whole LISTS OF VOTERS FOR LOCAL MARINE BOARDS. 109 amount of tonnage so owned by each, person, whether in ships §§ or shares of or interest in ships, shall be added together, and, if 112, 113. sufficient, shall constitute his qualification. 112. The collector or comptroller of customs in every seaport Lists of such of the United Kingdom at which there is a local marine board ^^"1 *° ^® shall, with the assistance of the Eegistrar-General of Shipping and Seamen, on or before the twenty-fifth day of December in the year one thousand eight hundred and fifty-six, and in every third succeeding year, make out an alphabetical list of the persons entitled by virtue of this Act to vote at the election of members of such local marine board, containing the christian name, surname, and residence of each such person, and the number of votes to which he is entitled, and shall sign such list, and cause a sufficient number of copies thereof to be printed, and to be fixed on or near the doors of the custom house at such seaport for two entire weeks next after such list has been made, and shall keep true copies of such list, and permit the same to be perused by any person, without payment of any fee, at all reasonable hours during such two weeks. 113. The mayor or provost of every sea-port at which there Revision of , is a local marine board, or such of them, if more than one, as is or are for the time being so appointed as aforesaid, shall at least twenty days before the twenty-fifth day of January in the year one thousand eight hundred and fifty-seven, and in each succeeding third year, nominate two justices of the peace to revise the said list ; and such justices shall, between the eighth and fifteenth days of January both inclusive in the year in which they are so nominated, revise the said list at the custom house of the port, or in some convenient place near thereto, to be hired, if necessary, by the said collector or comptroller, and shall give three clear days' notice of such revision by advertising the same in some local newspaper, and by affixing a notice thereof on or near to the doors of such custom house, and shall make such revision by inserting in such list the name of every person who claims to be inserted therein, and gives proof satisfactory to the said revisers of his right to have his name so inserted, and by striking out there- from the name of every person to the insertion of which an objection is made by any other person named in such list who gives proof satisfactory to the said revisers that the name of the person so objected to ought not to have been inserted 110 LOCAL MARINE BOABDS. §§ therein ; and the decision of the said revisers with respect 113-117. to every such claim or objection shall be conclusive ; and the said revisers shall immediately after such revision sign theii^ names at the foot of the list so revised ; and such list so revised shall be the register of voters at elec- tions of members of the local marine board of such sea- port for three years from the twenty-fifth day of January then next ensuing inclusive to the twenty-fourth day of January inclusive in the third succeeding year; and the said revised list, when so signed, shall be delivered to such mayor or provost as aforesaid of the place, who shall, if necessary, cause a sufficient number of copies thereof to be printed, and shall cause a copy to be delivered to every voter applying for the same. Eegistevstobe 114. The Said collector or comptroller,. if required, shall for produced. jjjjg assistance of the said revisers in revising the said list pro- duce to them the books containing the register of ships regis- tered at such seaport ; and the Eegistrar-General of Shipping and Seamen, if required, shall also produce or transmit to such revisers such certified extracts or returns from the books , in his custody as may be necessary for the same purpose. Expensestobe 115. The two justices aforesaid shall certify all expenses of Trade. °^^ properly incurred by any such collector or comptroller as afore- said in making and printing the said list and in the revision thereof, and the Board of Trade shall pay the same, and also all expenses properly incurred by any such mayor or provost as aforesaid in printing the same or in elections taking place under this Act ; and the said Board may disallow any items of any such expenses as aforesaid which it deems to have been im- properly incurred. Persons on 116. Every person whose name appears on such revised list, r^^^.^ shall establish a mercantile cantile marine marine oflBce or mercantile marine of&ces, and may for that ces. purpose, subject as herein mentioned, procure the requisite premises, and appoint and from time to time remove and re- appoint superintendents of such oflBces with any necessary de- (») B. V. Tomlinson, L. R. 2 C. C. 49 ; 36 L. J. M. C. 41. MERCANTILE MARINE OFFICES. 113 puties, clerks, and servants, and regulate the mode of conduct- §,§ ing business at such offices, and shall, subject as herein men- 122-125. tioned, have complete control over the same ; and every act done by or before any deputy duly appointed shall have the same effect as if done by or before a superintendent. 123. The sanction of the Board of Trade shall be necessary Board ofTrade so far as regards the number of persons so appointed by any such *° ^^''^ partial local marine board, and the amount of their salaries and wages mercantile and all other expenses ; and the Board of Trade shall have the marine offices. immediate control of such mercantile marine oflBces, so far as regards the receipt and payment of money thereat ; and all superintendents of mercantile marine ofidces, deputies, clerks, and servants so appointed as aforesaid shall before entering upon their duties give such security (if any) for the due per- formance thereof as the Board of Trade requires ; and if in any case the Board of Trade has reason to believe that any super- intendent of a mercantile marine office, deputy, clerk, or servant appointed by any local marine board does not properly discharge his duties, the Board of Trade may cause the case to be investigated, and may, if it thinks fit so to do, remove him from his office, and may provide for the proper performance of his duties until another person is properly appointed in his place. 124 It shall be the general business of superintendents Business of of mercantile marine offices appointed as aforesaid — generally"^ To afford facilities for engaging seamen by keeping registries of their names and characters ; To superintend and facilitate their engagement and dis- charge in manner hereinafter mentioned; To provide means for securing the presence on board at the proper times of men who are so engaged ; To facilitate the making of apprenticeships to the sea service ; To perform such other duties relating to merchant seamen and merchant ships as are hereby or may hereafter under the powers herein contained be committed to them, 125. Such fees, not exceeding the sums specified in the table Fees to be marked P. in the schedule hereto, as are from time to time fixed gagemeutsand by the Board of Trade, shall be payable upon all engagements discharges. and discharges effected before superintendents of mercantile 114 MEBCANTILE MARINE OFFICES. §§ marine offices as hereinafter mentioned, and the Board of 135 1S6. Trade shall cause scales of the fees payable for the time being — to be prepared and to be conspicuously placed in the mercantile marine offices ; and all superintendents of such offices their deputies, clerks, and servants, may refuse to proceed with any engagement, or discharge, unless the fees payable thereon are first paid. TABLE P. Fees to be Chaeged foe Mattbes Teansacted at Meecantile Maeinb Offices. 1. Engagement of Crews. £ s. d. 60 tons 100 „ 4 7 15 In ships under 60 to 100 to 200 200 to 300 „. .1 300 to 400 „ .15 400 to 500 „ . 1 10 500 to 600 „ . 1 15 600 to 700 „ .20 700 to 800 „ .2 5 800 to 900 „ . 2 10 900 to 1000 ., . 2 15 Above 1000 „ .30 And so on for. ships of larger ton- nage, adding for every 100 tons above 1000, five shillings. 2, Engagement of seamen separately. Two shillings for each. 3. Discharge of Crews. £ 60 tons . 100 „ . 200 „ , .BOO „ , 400 „ , 500 „ , 600 „ , 700 „ , 800 „ , 900 ,, , In ships under 60 tons . 4 60 to 100 „ .07 100 to 200 „ . 15 200 to 300 to 400 to 500 to 600 to 700 to 800 to 900 to 1000 Above 1000 And so on for ships of larger ton- nage, adding for every 100 tons above 1000, five shillings. 4. Discharge of seamen separately. Two shillings for each. a. Masters to pay Fees, and to deduct part from wages. Proviso as to excess. 126. Every owner or master of a ship engaging or discharg- ing anyseamen, or seaman in a mercantile marine office, or before a superintendent of a mercantile marine office, shall pay to the superintendent the whole of the fees hereby made pay- able in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct in respect of each such engagement or discharge from the wages of all persons (except apprentices) so engaged or discharged, and retain, any sums not exceeding the sums specified in that be- half in the table marked Q. in the schedule hereto : provided that, if in any cases the sums which the owner is so entitled to deduct exceed the amount of £he fee payable by him, such ex- cess shall be paid by him to the superintendent of the mercan- tile marine office in addition to such fee. MERCANTILE MARINE OFFICES. 115 TABLE Q. Sums to be Deducted feom Wages by Way of partial §§ Repayment op Fees in Table P. 126-130. 1. In respect of engagements and dischajges of crews, upon each engagement and eaoh dis- charge. s. d. Prom wages of any mate, pur- ser, engineer, surgeon, car- penter or steward . .16 all others except apprentices 1 2. In respect of engagements and discharges of seamen separately, upon each engagement and each discharge. One shilling. 127. Any superintendent of a mercantile marine office or Penalty on any deputy superintendent, or any clerk or servant in any mer- dent"taking cantile marine office who demands or receives any remuneration other remune- whatever, either directly or indirectly, for hiring or supplying ™*^°°- any seaman for any merchant ship, except the lawful fees pay- able under this Act, shall for every such offence incur a penalty not exceeding 20?., and shall also be liable to be dismissed from his office by the Board of Trade. 128. The Board of Trade may, with the consent of the Business of Commissioners of Customs, direct that at any place in which ™™ne * ^ no separate mercantile marine office is established the whole or offices may be any part of the business of the mercantile marine office shall custom^ ^ be conducted at the custom house, and thereupon the same Houses, shall be there conducted accordingly ; and in respect of such business such custom house shall for all purposes be deemed to be a mercantile marine office, and the officer of customs there to whom such business is committed shaU for all purposes be deemed to be a superintendent of the mercantile marine office within the meaning of this Act. 129. The Board of Trade may appoint any superintendent In London of or other person connected with any Sailors' Home in the port ^^^%e me™^^ of London to be a superintendent of a mercantile marine cantile marine office with any necessary deputies, clerks, and servants, and °^''^^- may appoint any office in any such Home to be a mercantile marine office ; and all superintendents of mercantile marine offices so appointed shall be subject to the immediate control of the Board of Trade, and not of the local marine board of the port. 130. The Board of Trade may from time to time dispense Dispensation J 2 \ with superin- I 116 MERCANTILE MABINE OFFICES. § 130. tendence of superin- tendent of a mercantile marine office. with the transaction before the superintendent of a mercantile marine office, or in a mercantile marine office, of any matters required by this Act to be so transacted ; and thereupon such matters shall, if otherwise duly transacted as required by law, be as valid as if transacted before a superintendent, or in a mercantile marine office. Power for Board of Trade to establish mercantile marine offices and to hold examinations at certain ports. Punishment for embezzle- ment in mer- cantile marine offices. 36 & 37 Vict. c. 85, s. 10. — In any case where the business of a mercantile marine office is conducted otherwise than under a local marine board, the Board of Trade may, if they think fit, instead of conducting such business at a custom- house or otherwise, establish a mercantile marine office, and for that purpose procure the requisite buildings and property, and from time to tiftie appoint and remove all the requisite super- intendents, deputies, clerks, and servants. They may also in the like case make all such provisions, and exercise all such powers with respect to the holding of examinations for the purpose of granting certificates of competency as masters, mates, or engineers, to persons desirous of obtaining the same as might have been made or exercised by a local marine board. 25 & 26 Vict. c. 63, s. 16. — Any person appointed to any office or service by or under any local marine board shall be deemed to be a clerk or servant within the meaning of the sixty-eighth section of the Act of the twenty-fifth year of the reign of Her present Majesty, chapter ninety-six. If any such person fraudulently applies or disposes of any chattel, money, or valuable 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 instructions 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 embezzle- ment ; 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 parti- cularity in the description of the property shall be required in such indictment in order to sustain the same, or in proof of EXAMINATIONS OF MASTERS, MATES, &C. 117 the offence alleged, than is required in respect of an indict- r s ment, or the subject-matter thereof, by the seventy-first section , o^ iqi of the last-mentioned Act. lOU, iJt. By 24 & 25 Vict. c. 96, s. 68 (referred to in the preceding section), who- Embezzlement soever being a clerk or servant, or being employed for the purpose or ^y clerks in the capacity of a clerk or servant, shall, fraudulently embezzle any or servants ■ chattel, money, or valuable security, which shall be delivered to or generally, received, or taken into possession by him, for or in the name or on the account of his master or employer, or any part thereof, shall be deemed to have feloniously stolen the same from Ms master or employer, although such chattel, money, or security was not received into the possession of such master or employer otherwise than by the actual possession of his clerk, servant, or other person so employed ; and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal ser- vitude for any term not exceeding fourteen years, and not less than five years, or to be imprisoned for any term not exceeding two years with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. Examinations and Certificates of Masters, Mates, and Engineers (a). 131. Examinations shall be instituted for persons who Examinations intend to become masters or mates of foreign-going ships, or tobeinsti- of home trade passenger ships, or who wish to procure certifi- masters and cates of competency hereinafter mentioned ; and subject, as ^o^^^^- herein mentioned, the local marine boards shall provide for the examinations at their respective ports, and may appoint and from time to time remove and re-appoint examiners to conduct the same, and may regulate the same ; and any members of the local marine board of the place where the examination is held may be present and assist at any such examination. 25 &26 Vict. c. 63, s. 17. — Whereas it is expedient to make Examinations provision in certain cases for holding examinations of appli- of masters and cants for certificates of competency at places where there are ^^^^ tLre'^^ no local marine boards : Be it enacted that the Board of Trade are no local may, if satisfied that serious inconvenience exists at any port marine boards. in consequence of the distance which applicants for certificates have to travel in order to be examined, may, with the concur- rence of any local marine board, send the examiner or ex- aminers of that local marine board to the port where such inconvenience exists ; and thereupon the said examiner or examiners shall proceed to such port, and shall there examine the applicants in the presence of such person or persons (if (a) Instructions were issued by the Board of Trade in May, 1866, relative to the examinations of masters and mates. These will be found in Kay on Shipmasters, &c., voL ii. App. No. 3. 118 .EXAMINATION OF MASTERS, MATES, &C. §131. steam ships to carry certificatp.d eiiginefirs. Two grades of certificates. Steamers of. 100 horse power and upwards. Of less than 100 horse power. Home trade passenger ships. Penalty for non-com- liliance. Examinations for engineers' certificates of competency. 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. 25 & 26 Vict. c. 63, s. 5.— On and after the first day cf June, one thousand eight hundred 'and sixty-three, every steam ship which is required by the Principal Act to have a master possessing a certificate from the Board of Trade {see sect. 136, p. 121), shall also have an engineer or engineers possessing a certificate or certificates from the Board of Trade as follows ; that is to say, (1.) Engineers' certificates shall be of two grades, viz., "First-class Engineers' Certificates," and "Second- class Engineers' Certificates " : (2.) Every foreign-going steam ship of one hundred nominal horse power or upwards shall have as its first and second engineers two certificated engineers, the first possessing a " First-class Engineer's Certificate," and the second possessing a " Second-class Engineer's Cer- tificate " or a certificate of the higher grade : (3.) Every foreign-going steam ship of less than one hundred nominal horse power shall have as its only or first engineer an engineer possessing a " Second-class En- gineer's Certificate" or a certificate of the higher grade : (4.) Every sea-going home trade passenger steam ship shall have as its only or first engineer an engineer possessing a " Second-class Engineer's Certificate " or a certificate of the higher grade : (5.) Every person who, having been engaged to serve in any of the above capacities in any such steam ship as afore- said, goes to sea in that capacity without being at the time entitled to and possessed of such certificate as is required by this section, and every person who employs any person in any of the above capacities in such ship without ascertaining that he is at the time entitled to and possessed of such certificate as is required by this section, shall for each such offence incur a penalty not exceeding fifty pounds. 25 & 26 Vict. c. 63, s. 6.— The Board of Trade shall from time to time cause examinations to be held of persons who may be desirous of obtaining certificates of competency as en- gineers : for the purpose of such , examinations the Board of Trade shall irom time to time appoint and remove examiners, and award the remuneration to be paid to them ; lay down rules as to the qualification of apphcants, and as to the times and places of examination ; and generally do all such acts as it thinks expedient in order to caiTy into effect the examination of such engineers as aforesaid. EXAMINATION OF MASTERS, MATES, «&;0. 119 132. The Board of Trade may from time to time lay down § g rules as to the conduct of such examinations and as to the 132-134. qualifications of the applicants, and such rules shall be strictly adhered to by all examiners ; and no examiner shall be ap- Board of Trade pointed unless he possesses a certificate of qualification, to be over-examina- from time to time granted or renewed by the Board of Trade ; and the. sanction of the Board of Trade' shall be necessary, so far as regards the number of examiners to be appointed, and the amount of their remuneration ; and the Board of Trade may at any time depute any of its officers to be present and assist at any examination ; and if it appears to the Board of Trade that the examinations for a,ny two or more ports can be conducted without inconvenience by the same examiners, it may require ' and authorise the local marine boards of such ports to act together as one board in providing for and regu- lating examinations and appointing and removing examiners for such ports. 133. All applicants for examination shall pay such fees, not Fees to be paid exceeding the sums specified in the table marked R. in the f^rexSa*^ schedule hereto, as the Board of Trade directs ; and such fees tions. shall be paid to such persons as the said board appoints for that purpose. TABLE E. Fees to be charged on Examinations. ' £ «. d. For a certificate as master 2 For a certificate as mate 10 25 & 26 Vict. c. 63, s. 7. — All applicants for examination shall pay such fees not exceeding the sums specified in the table marked B. in the schedule hereto, as the Board of Trade directs ; and such fees shall be paid to such persons as the said Board appoints for that purpose, and shall be carried to the account of the Mercantile Marine Fund. TABLE B. Pees to be charged on Examination op Engineers. £ s. d. For a first-class engineer's certificate 2 For a second-class engineer's certificate . . . .10 134. Subject to the proviso hereinafter contained, the Board Certificates of of Trade shall deliver to every applicant, who is duly reported competency to 120 CERTIFICATES OF COMPETENCY OR SERVICE. §§ 134, 135. be granted to those who by the local examiners to have passed the exammation satisfac- torily, and to have given satisfactory evidence of his sobriety, experience, ability, and general good conduct on board ship, a certificate (hereinafter called a " Certificate of Competency " ) to the effect that he is competent to act as master, or as first, second, or only mate of a foreign-going ship, or as master' or mate of a home trade passenger ship, as the case may be : provided that in every case in which the Board of Trade has reason to believe such report to have been unduly made, such board may remit the case either to the same or to any other examiners, and may require a re-examination of the applicant, or a further inquiry into his testimonials and character before granting him a certificate. Certificates of service to be delivered to persons who served as masters or mates before 1851, and to qertain naval officers ; and certificates of service for home trade passenger ships to be delivered to persons who nave served as masters or mates in such ships before 1st Jan. 1854. 25 & 26 Yict. c. 63, s. 8.— The Board of Trade shall deliver to every applicant who is duly reported to have passed the {engineer's) examination satisfactorily, and to have given satis- factory evidence of his sobriety, experience, and ability, a cer- tificate of competency as first class engineer, or as second class engineer, as the case may be. 135. Certificates of service, differing in form from certifi- cates of competency, shall be granted as follows ; (that is to say,) (1.) Every person who before the first day of January one thousand eight hundred and fifty-one served as master in the British merchant service, or who has attained or attains the rank of lieutenant, master, passed mate, or second master, or any higher rank in the service of Her Majesty or of the East India Company, shall be entitled to a certificate of service as master for foreign- going ships : (2.) Every person who before the first day of January one thousand eight hundred and fifty-one served as mate in the British merchant service shall be entitled to a certi- ficate of service as mate for foreign-going ships : (3.) Every person who before the first day of January one thousand eight hundred and fifty-four has served as master of a home trade passenger ship shall be entitled to a certificate of service as master for home trade passenger ships : (4.) Every person who before the first day of January one CEETIFICATES OF COMPETENCY OR SERVICE. 121 thousand eight hundred and fifty-four has served as |§ mate of a home trade passenger ship shall be entitled 135 136, to a certificate of service as mate for home trade pas- senger ships : And each of such certificates of service shall contain particulars Particulars in of the name, place, and time of birth, and of the length and certilicate. nature of the previous service of the person to whom the same is delivered ; and the Board of Trade shall deliver such certificates of service to the various persons so respectively entitled thereto, upon their proving themselves to have attained such rank or to have served as aforesaid, and upon their giving a full and satisfactory account of the particulars aforesaid. 25 & 26 Vict. c. 63, s. 9. — Certificates of service for en- Engineers' gineers, differing in form from certificates of competency, shall certificates of be granted as follows ; that is to say, reHyeredon (1.) Every person who before the first day of April one proof of cer- thousand eight hundred and sixty-two has served as tain service, first engineer in any foreign-going steam ship of one hundred nominal horse power or upwards, or who has attained or attains the rank of engineer in the service of Her Majesty or of the East India Company, shall be entitled to a " First-class Engineer's Certificate " of service : (2.) Every person who before the first day of April one .thousand eight hundred and sixty-two has served as second engineer in any foreign-going steam ship of orle hundred nominal horse power or upwards, or as first or only engineer in any other steam ship, or who has attained or attains the rank of first-class assistant engineer in the service of Her Majesty, shall be entitled to a " Second-class Engineer's Certificate " of service : Each of such certificates of service shall contain particulars of Particulars in the name, place, and time of birth, and the length and nature certificate. of the previous service of the person to whom the same is delivered ; and the Board of Trade shall deliver such certifi- cates of service to the various persons so respectively entitled thereto, upon their proving themselves to have attained such rank or to have served as aforesaid, and upon their giving a full and satisfactory account of the particulars aforesaid. 136. No foreign-going ship or home trade passenger ship No foreign- shall go to sea from any port in the United Kingdom unless ^^^ Se"' the master thereof, and in the case of a foreign-going ship the passenger sMp first and second mates or only mate (as the case may be), and sea^ithout ° in the case of a home-trade passenger ship the first or only certificates of 122 CERTIFICATES OF COMPETENCY OE SERVICE. §§ 136-138. the master and mates. Penalty. Certificates for foreign-going ships available for home trade passenger The Registrar to record grants, can- cellations, &c. of certificates. Duplicates and entries to be evidence. mate (as the case may be), have obtained and possess valid cer- ' tificates either of competency or service appropriate to their several stations in such ship, or of a higher grade ; and no such ship, if of one hundred tons burden or upwards, shall go to sea as aforesaid, unless at least one officer besides the master has obtained and possesses a valid certificate appropriate to the grade of only mate therein or to a higher grade ; and every person who, having been engaged to serve as master or as first, or second, or only mate of any foreign-going ship, or as master or first or only mate of a home trade passenger ship, goes to sea as aforesaid as such master or mate without being at the time entitled to and possessed of such a certificate as hereinbefore reqiiired, or who employs any person as master, or first, second, or only mate of any foreign-going ship, or as master or first or only mate of a home trade passenger ship, without ascertaining that he is at the time entitled to and possessed of such certi- ficate, shall for each such offence incur a penalty not exceed- ing 50?. {See sect: 131, p. 117, and sect. 109,^. 105.) 137. Every certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate for a home trade passenger ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such last-mentioned ship ; but no certificate for a home trade passenger ship shall entitle the holder to go to sea as master or mate of a foreign-going ship. 138. 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 Eegistrar-General of Shipping and Seamen or by such other person as the Board of Trade appoints for that purpose ; and the Board of Trade shall give to such registrar or such other person immediate notice of all orders made by it for cancelling, suspending, altering, or otherwise afl'ecting any certificate in pursuance of the powers herein con- tained ; 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 such registrar or his assistant or by such person as aforesaid of any certificate shall be primA 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 primd. CERTIFICATES OF COMPETENCY OR SERVICE. 123 facie evidence of the truth of the matters stated in such § 139. entry. 139. Whenever any master, mate, or engineer proves to the In case of loss satisfaction of the Board of Trade that he has, without fault on granted." ^^ his part, lost or been deprived of any certificate already granted to him, the Board of Trade shall, upon payment of such fee (if any), as it directs, 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 purpoi-ts to be so made and certified as aforesaid shall have all the effect of the original. 25 & 26 Vict. c. 63, s. 10.— The provisions of the Principal Certain pro- Act, with respect to the certificates of competency or service of ^'^ „+ shii>™" masters and mates, contained in the 138th, 139th, 140th, ping Act to 161st, and 162nd sections of the said Act, shall apply to certi- app"y to engi- ficates of competency or service granted under this Act in the nosers' cer- same manner as if certificates of competency and service to be *™^*es. granted to engineers under this Act were specially mentioned and included in the said sections. 32 & 38 Vict. c. 11, s. 8. — Where the legislature of any Colonial cer- British possession provides for the examination of and grant of ^^'^'^^ ^ certificates of competency to persons intending to act as masters, ™^ engineers! mates, or engineers on board British ships, and the Board of Trade reports to Her Majesty that they are satisfied that the examinations are so conducted as to be equally efiicient as the examinations' for the same purpose in the IJnited Kingdom under the Acts relating to Merchant Shipping, and that the certificates are granted on such j)rinciples as to show the like qualifications and competency as those granted under the said Acts, and are liable to be forfeited for the like reasons and in Orders in like manner, it shall be lawful for Her Majesty by Order in C"'^'^'^^! ™^y n„,,^„-;i J J J declare as Council — follows. (1.) To declare that the said certificates shall be of the ■ same force as if they had been granted under the said Acts :, (2.) To declare that all or any of the provisions of the said Acts which relate to certificates of competency granted under those Acts shall apply to the certificates referred to in the said order : (3.) To impose such conditions and to make such regulations .with respect to the said certificates, and to the use, issue, delivery, cancellation, and suspension thereof as to Her Majesty may seepa fit, and to impose penalties not exceeding 50/. for the breach of such conditions and regulations : Upon the publication in the London Gazette of any such Publication in Gazette. 124 APPRENTICES. § § Order in Council as last aforesaid, the provisions therein 139-142 contained shall, from a date to be mentioned for the '— purpose in such Order, take effect as if they had been contained in this Act : It shall be lawful for Her Majesty in Council to revoke any Order made under this section. Penalties for false repre- sentations : for forging or altering, or fraudulently using or lend- ing any cer. tificate. 140. 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 forges, assists in forging, or procures to be forged, or fraudulently alters, assists in fraudu- lently altering, or procures to be fraudulently altered, any such certificate or any oflBcial 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, sus- pended, or to which he is not justly entitled, or who fraudu- lently lends his certificate to or allows the same to be used by any other person, shall for each offence be deemed guilty of a misdemeanor. Superin- tendents to assist in bind- ing appren- tices, and may receive fees. Indentures of boys bound apprentices to sea service by guardians or overseers to be witnessed by two justices. Apprenticeships to the Sea Service. Hi. All superintendents of mercantile marine offices ap- pointed under this Act shall, if applied to for the purpose, give to any board of guardians, overseers, or other persons desirous of apprenticing boys to the sea service, and to masters and owners of ships requiring apprentices, such assistance as is in their power for facilitating the making of such apprenticesl;iips, and may receive from persons availing themselves of such assistance such fees as may be determined in that behalf by the Board of Trade, with the concurrence, so far as relates to pauper apprentices in England, of the Poor Law Board in England, and so far as relates to pauper apprentices in Ireland, of the Poor Law Commissioners in Ireland. 142. In the case of every boy bound apprentice to the sea service by any guardians or overseers of the poor, or other persons having the authority of guardians of the poor, the in- dentures shall be executed by the boy and the person tp- whom he is bound in the presence of and shall be attested by two justices of the peace, who shall ascertain that the boy has consented to be bound, and has attained the age of twelve years, and is of sufficient health and strength, and that the APPRENTICES. 125 master to whom the boy is to be bound is a proper person for §§ the purpose. 142-144. The two justices must be present together and acting within their iurisdiction, as this is a judicial act (a). 143. All indentures of apprenticeship to the sea service shall Indentures of be exempt from stamp duty ; and all such indentures shall be to hTexempt'' in duplicate ; and every person to whom any boy whatever is from stamp bound as an apprentice to the sea service in the United King- ^e recorded" dom shall within seven days after the execution of the indenture take or transmit the same to the Registrar-General of Shipping and Seamen, or to some superintendent of a mercantile marine office ; and the said registrar or superintendent shall retain and record one copy, and shall indorse on the other that the same has been recorded, and shall re-deliver the same to the master of the apprentice ; and whenever any such indenture is assigned or cancelled, and whenever such apprentice dies or deserts, the master of the apprentice shall, within seven days after such assignment, cancellation, death, or desertion, if the same' happens within the United Kingdom, or if the same happens elsewhere, so soon afterwards as circumstances permit, notify the same either to the said Registrar of Seamen, or to some shipping master, to be recorded ; and every person who fails to comply with the provisions of this section shall incur a penalty not exceeding 10^. For exemptions, see 25 & 26 Vict. c. 63, s. 13, under s. 109, p. 106. 144. Subject to the provisions hereinbefore contained, all Rules to apprenticeships to the sea service made by any guardians or govern ap- overseers of the poor, or persons haying the authority of of paupers in guardians of the poor, shall, if made in Great Britain, be made "^''^^t Britain , ■■ , , ■ i . , I , 1 an'l Ireland m the same manner and be subject to the same laws and regu- respectively. lations as other apprenticeships made by the same persons, and if made in Ireland shall be subject to the following rules ; (that is to say,) (1.) In every union the guardians of the poor, or other per- Boys in sons duly appointed to carry into execution the Acts ™ions, or for the relief of the destitute poor and having the are receiving^ authority of guardians of the poor, may put out and relief. (a) Maclachlan on Shipping (2nd ed.), 201 ; iJ. v. Totness, II Q. B. 80 ; iJ. V. Hamstcdl, 3 T. R. 380. 126 APPEENTICES. §§ 144, 145. Consent in writing of guardians. Expense of outfit. Indentures maybe sued on by guardians. Costs. Apprentices and their in- dentures to be brought be- fore superin- tendent before each, voyage in a foreign-going ship. bind as an apprentice to the sea service any boy who or whose parent or parents is or are receiving relief in such union, and who has attained the age of twelve years, and is of sufficient health and strength, and who consents to be so bound : (2.) If the cost of relieving any such boy is chargeable to an electoral division of a union, then (except in cases' in which paid officers act in place of guardians) he shall not be bound as aforesaid unless the consent in writing of the guardians of such electoral division or of a majority of the guardians (if more than one) be first obtained, such consent to be, when possible, indorsed upon the indentures : (3.) The expense incurred in the binding and outfit of any such apprentice shall be charged to the union or elec- toral division (as the case may be) to which the boy or his parent or parents is or are chargeable at the time of his being apprenticed : (4.) All indentures made in any union may be sued upon by the guardians of the union or persons having- the authority of guardians therein for the time being, by their name of office, and actions brought by them upon such indentures shall not abate by reason of death or change in the persons holding, the office ; but no such action shall be commenced without the consent of the Irish Poor Law Commissioners : (5.) The amount of the costs incurred in any such action and not recovered from the defendant therein, may be charged upon the union or electoral division (as the case may be) to which the boy or his parent or parents was or were chargeable at the time of his being appren- ticed. 145. The master of every foreign-going ship shall, before carrying any apprentice to sea from any place in the United Kingdom, cause such apprentice to appear before the super- intendent of the mercantile marine office before whom the crew is engaged, and shall produce to him the indenture by which such apprentice is bound, and the assignment or assign- ments thereof (if any) ; and the name of such apprentice, with the date of the indenture and of the assignment or assignments thereof (if any), and the name of the port or ports at which the ENGAGEMENT OF SEAMEN. 12? same have been registered, shall bei entered on the agreement ; § § and for any default in obeying the provisions of this section 145-l4'7. the master shall for each offence incur a penalty not exceed- ing bl. An apprentice may sue the proceeds of the ship he has served in, for wages due under a general apprenticeship to the owner, but he cannot proceed in the Admiralty Court for the penalty contained in the inden- ture (J). He has the same modes of recovering wages as a seaman (see B. 188, p. 171 et seq.-). Engagement of Seamen. This part of the Act applies to all seagoing British ships wherever registered, and to their owners, masters, and crews (see s. 109, p. lOS). 146. The Board of Trade may grant to such persons as it Boardof Trade thinks fit, licenses to engage or supply seamen or apprentices persons to for merchant ships in the United Kingdom, to continue for procure sea- such periods, to be upon such terms, and to be revocable upon such conditions, as such Board thinks proper. 147. The following offences shall be punishable as herein- Penalties ; after mentioned ; (that is to say,) (1.) If any person not licensed as aforesaid, other than the for supplying , i i> J.1 1 • seamen with- owner or master or a mate of the snip, or some person q^^ license • who is lond fide the servant and in the constant employ of the owner, or a superintendent of a mercantile marine ofiice duly appointed as aforesaid, engages or supplies any seaman or apprentice to be entered on board any ship in the United Kingdom, he shall for each seaman or apprentice so engaged or supplied incur a penalty not exceeding %Ql. (2.)- If any person employs any unlicensed person, other for employing than persons, so exati^ed as aforesaid, for the purpose of persons^-*^ engaging or supplying any seaman or apprentice to be entered on board any ship in the United Kingdom, he shall for each seaman or apprentice so engaged or sup- plied incur a penalty not exceeding 20Z., and if licensed, shall in addition forfeit his license : (3.) If any person knowingly receives or accepts to be for receiving entered on board any ship any seaman or apprentice seamen ille- who has been engaged or supplied contrary to, the y™PP''' • (6) The. Albert Crosby, Lush. 44. 128 ENGAGEMENT OF SEAMEN. §§ 147-149. Penalty for receiving re- muneration from seamen for shipping them. Agi'eements to be made with, seamen, con- taining certain particulars. Nature of voyage. Mode of in- terpretation. Agreements for maximum period. Crew: Time. provisions of this Act, he shall for every seaiaan or apprentice so engaged or supplied incur a penalty not exceeding 201. 148. If any person demands or receives, either directly or indirectly, from any seaman or apprentice, or from any person seeking employment as a seaman or apprentice, or from any person on his behalf, any remuneration whatever, other than the fees hereby authorised, for providing him with employ- ment, he shall for every such offence incur a penalty not exceeding 51. 149. The master of every ship, except ships of less than eighty tons registered tonnage exclusively employed in trading between different ports on the coasts of the United Kingdom, shall enter into an agreement with every seaman whom he carries to sea from any port in the United Kingdom as one of his crew in the manner hereinafter mentioned ; and every such agreement shall be in a form sanctioned by the Board of Trade, and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars as terms thereof ; (that is to say,) (1.) The nature, and, as far as practicable, the duration of the intended voyage or engagement : In interpreting the Mt, the words " nature of the voyage " must have such a rational construction as to answer the main and leading purpose for which they were framed, namely, to give the mariner a fair intima- tion of the nature of the service in which he was about to engage himself, when he signed the ship's articles (c). 36 & 37 Vict. c. 85, s. 7. — ^Any agreement with a seaman made under section 149 of the Merchant Shipping Act, 1854, may, instead of stating the nature and*duration of the in- tended voyage or engagement as by that section required, state the maximum period of the voyage or engagement, and the places or parts of the world (if any) to which the voyage or engagement is not to extend. (2.) The number and description of the crew, specifying how many are engaged as sailors : (3.) The time at which each seaman is to be on board or to begin work : (c) The Westmoreland, 1 W. Kob. 221. ENGAGEMENT OF SEAMEN. 129 (4.) The capacity in which each seaman is to serve : § 149. (5.) The amount of wages which each seaman is to receive : (6.) A scale of the provisions which are to be furnished to -VTages. each seaman : Provisiona. (7.) Any regulations as to conduct on board, and as to fines, Regulations short allowance of provisions, or other lawful punish- °" ^°^^^' ments for misconduct, which have been sanctioned by the Board of Trade as regulations proper to be adopted, and which the parties agree to adopt : And every such agreement shall be so framed as to admit of stipulations, to be adopted at the will of the master and sea- man in each case, as to advance and allotment of wages, and may contain any other stipulations which are not contrary to law : Provided that if the master of any ship belonging to any Proviso as to British possession has an agreement with his crew made in colS^Iuhips. due form according to the law of the possession to which such ship belongs or in which her crew were engaged, and engages single seamen in the United Kingdom, such seamen may sign the agreement so made, and it shaU not be necessary for them to sign an agreement in the form sanctioned by the Board of Trade. Implied Olligation of Owner. 39 & 40 Vict. c. 80, s. 5. — In every contract of service. Obligation of express or implied, between the owner of a ship and the master sMpowna- to or any seaman thereof, and ia" every instrument of apprentice- resTOcTto use ship whereby any person is bound to serve as an apprentice on of reasonable board any ship, there shall be implied, notwithstanding any efforts to agreement to the contrary, an obligation on the owner of the secure sea- sMp, that the owner of the ship, and the master, and every ^° '°®^^' agent charged with the loading of the ship, or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means to iusure the seaworthiaess of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy condition for the voyage during the same : Provided, that nothing in this section shall subject the owner of a ship to any hability by reason of the ship being sent to sea ia an unseaworthy state where, owing to special cir- cumstances, the so sending thereof to sea is reasonable and justifiable. This implied obligation, is a new one created by the. " Merchant Shipping Act, 1876." A sailor when he agrees to serve on board a ship becomes a servant of General rale 130 AGEEEMENTS WITH FISHERMEN. 8 149. the owner (a). The general rule of law is, that a servant, when he engages to serve a master, undertakes, as between himself and his master, to run as to master all the ordinary risks of the service ; while it is the master's duty to take and servant. care that the servant shall not be exposed to unreasonable risk (J). Seaworthi- Before this enactment there was no implied warranty of seaworthiness ness. on the part of the owner. An action was brought by a seaman to recover damages for injuries sustained in consequence of the vessel leaving port in an unseaworthy condition ; but as there was no allegation that the owners knew she was unseaworthy, the seaman was held not ehtitled to recover any damages (c). How far this section will give the seaman a right of action for injuries to himself arising from unseaworthiness, remains to be seen. If it is proved that the ownet, Or ally of his agents, have not used all reasonable means for ensuring seaworthiHeSs, no donbt the seaman will then have a right of _ action ; but it can hardly be said that the section implies an absolute warranty of seaworthiness in every case. American law. ^^^ American cases differ from the English in this respect, and it has there been held, that both law and reason imply that at the commence- ment of the voyage the ship should be seaworthy {d). Deck and Before an agreement is signed with the crew, the master must enter in load lines. it a statement of the distance between the centre of the load-line disc and the upper edge of each of the lines indicating the position of the decks which is above that centre. This is a new proviso enacted in the " Merchant Shipping Act, 1876 " (see 39 & 40 Vict. c. 80, s. 26, sub s. (5), under s. Si, p. 30). As to allotment of wages, see ss. 168, 169, p. 168. Agi'eements with iisher- men. 36 & 37 Vict. c. 85, s. 8. — The owner or master of atiy British vessel engaged in fishing off the coast of the United Kingdom may enter into an agreement with any person em- ployed on such yessel that such person shall be remunerated wholly by a share in the profit of the fishing adventure. Every such agreement shall be in writing or in print, or partly in writing and partly in print, and shall be signed by the contracting parties in the presence of a superintendent or deputy superintendent of a mercantile marine ofiice. The superintendent or deputy superintendent shall, before such agreement is signed, read and (if necessary) explain the same to the contracting parties, and shall attest the signature of the agreement, and certify that it has been read to and agreed to by the contracting parties. Any such agreement, if made in the manner by this section required, shall be valid and binding on all the contracting (a) Oouch V. Sted, 3 E. & B. 408. (6) Hutchinson v. The Ym-k, Newcastle, &c,, Railway Co., 5 Ex. 343 ; 19 L. J. Ex. 296 ; Farwell v. Boston, &c.. Railway Cm-poration, 45 Mass. (Amer. Rep.), 49 ; WaUer v. South-Eaetern Railway Co., 32 L J Ex 20,5 ■ 2 H. & C. 102. ■ ' (c) Couch V. SUel, 3 E. & B. 402. (d) Dixon v. The Ship Cyrus, 2 Pet. Ad. (Amer. Rep.). 411 • The Jlfo«?em, Olcott (Amer, Rep.), 289. *■;.,<- AGREEMmT FOR FOBEEGK^etOlKG miP. 181 parties, notwithstandlog anything contained in section 182 of § 149, the Merchant Shipping Act, 1864. Fishing vessels, ships beloflgiilg to the thi-fid general lighaotl«e hwatds, Eiefflfted and pleasure yaohfg, afe exempt from the opel-ation 6i this section (tee vessels. 25 Si 26 Vict. fc. 63, s. 13, under sect. 109, p. 107). Agreements to serve in ships emplbyed on the sotithern whale fishery, are generally made on the basis that the seamen shall be wholly compensated by shares in the profit of the adventure (s. 187, p. 170) **« Any efasiife, intei'limaUdn, of aMetatlan in tUs d^Hmint nitt he tdd iintm attested hy i&iM siipdr'tMendent of a vietcantiU marine offiee, offieei' of euMam, eotisnl, or vice-oonswl, to he made mith the consent of tUepgfsOns interested. Eng. 1, late A., AC, and M* SahcitiOiSftd by the Board of fcadfe, July 1869. In pttfSTlaHCe 6f It k IS A^ict. Cw 104. AGREEMENT No. AGREEMENT AND ACCOUNT OF CREW. (FOElilGN-GOING SHIP.) The term " Foreign-g6ing ship " means every ship em- ployed in trading or going between sOme place or places in the United Kingdom and some place or places situate beyond the following limits, that is to say, the coasts of the United Kingdom, the Islands of Guernsey, Jersey, Sark, Aldemey, and Man, and the Continent df Btircipe between the river Elbe and Brest inclusive. ExeCcted ts Bioai Pages. Engagement Fee. Discharging Fee . £> '»;. A. Offloial No. FAUegistry. Port No. and Date of Register. Begistered Tonnage. Nominal Horse- power of Engines (ifany).^ Oross. Net. }C2 132 AGREEMENT FOR FOREIGN-GOING SHIP. Eegisteked Manaoing Owser, or perEon appointed under the 39 & 40 Viot. o. 80. Name, Addresa. (State No. of House, Street, and Town.) No. of .Seamen for whom accommoda- tion is certified. 1(80 & 81 Vict. 0. 124.) Distance in feet and inches be- tween centre of maximum load line disc and upper edge of Ime indicating the position of the First deck above it. ft. Second deck above it. Scale of Peovisions To be allowed and served out to the crew during the voyage, in addition to the daily issue of lime and lemon juice and sugar, or other antiscorbutics in any case required by law. Sunday . . Bread - lb. Beef lb. •Pork lb. Flour lb. Peas pint Bice lb. Tea oz. Coffee *0Z.', Sugar oz. Water qte. • Monday. . . Tuesday . . Wednesday . Thursday. . Friday . . . Saturday . . Substitutes. The several Persons whose names are hereto subscribed, and whose descriptions ai'e contained on the other side or sides, and of whom are engaged as sailors, hereby agree to serve on board the said ship, in the several capacities expressed against their respective names on a voyage from* And the crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to ,be obedient to * Here the voyage is to be described, and the places named at -which the ship is to touch, or, if that cannot be done, the general nature and probable length of the voyage is to be ated. AGEEEMENT FOR FOREIGNr-GOING . SSlP. 133. the lawful commands of the said master, or of any person who shall lawfully succeed mm, and of their superior officers, in every thing relating to the said ship and the stores and cargo thereof, whether on hoard, in heats, or on shore : in consideration of which services to be duly performed, the said master hereby agrees to pay to the said crew as wages the sums against their names respectively expressed, and to supply them vrith provimons according to the above scale : And it is hereby agreed, that any embezzlement or wilful or negligent destruction of any part of the ship's cargo or stores shall be made good to the ovraer out of the wages of the person guilty of the same : And if any person enters himself as qualified for a duty vhich he proves incompetent to perform, his wages shall be reduced in proportion to his incompetency : And it is also agreed, that the regulations authorised by the Board of Trade, which are printed herein and numbered t are adopted by the parties hereto, and shall be considered as embodied in this agreement : And it is ^so agreed, that if any member of the crew considers himself to be aggrieved by any breach of the agreement or otherwise, he shall represent the same to the master or officer in charge of the ship in a quiet and orderly manner, who shall thereupon take such steps as the case may require : And it is also agreed, that t The authority of the owner or agent for all allotments mentioned within is in my possession. ( Superintendent, Officer of Cfustoma, \ or Consular Officer, This is to he signed if suoh an authority is to he produced, and to he scored across in ink if it has not. In Witness whereof the said parties have subscribed their names on the other side or sides hereof on the days against their respective signatures mentioned. Signed by Master, on the day of 18. Port at wMoh Voyage commenced. These columns to tie filled up at the end of the voyage. Date of Commence- ment of Voyage. Date of Termina- tion of Voyage. Port at which Voyage terminated, . Date of Delivery of Lists to Superin- tendent. I hereby declare to the truth of the entries in this agreement and ac- count of crew, &c. Master. + Here are to he inserted the numbers of any of the regulations for preserving discipline issued by the Board of Trade and printed on the last page hereof which the parties agree to adopt. T.. -. X Here any other stipulatigns may be inserted to whiph the parties agree, and which are not contiaiy to law. 134 AGEEEMENT FOR FOSEieNrGOINa SHIP Pajit«)»»ss py BsflAgpiMENT, Signatures of Crew. 1 < 2 Town or Country where bom. 3 .3 i Ship in whioli he last seryei}. Date and Flaoe of joining the Ship. 9 § .3 » State .Name, apd Official No. or Port she belonged to. 6 Year. 6 Date. r Place. 8 Si 10 1 2 3 i Master to eigd first. * If any member of the crew enters her Majesty's service, the name pf the Queen's ship into which and the other causes of leaving the ship should be briefly AGREEMENT FOR FOREIGN-GOING SHIP. 185 Paktk To lefil Diaeha m Date, I of leavi] Date. 15 JULAKS or DiSOHABGE, &C. lei in ly the Master upon the rge^ Deaths or Desertion of iif Member of his Crew. Eelease (late M.) 1^ ^ Amount of Wages advanced on '^ Entry. w Amount of Weekly or Monthly "- Allotment. Signature or Initials of Super- E Intendent, Consul, or Officer of Customs. *lace, and Cause Qg the Ship, or of Death. i 'I. aj bo ■s 1 IS ' We, the undersigned memhers of the crew of this ship, do hereby release this ship, and the master and owner or owners ^ thereof, from all claims for => wages or otherwise in respect of this voyage. Signatures of crew (each to he on the line on which he signed in Col. 1.) Signature or initials of Superin- tendent, Consul, or Officer of g Customs before whom the balance of wages was paid and the release signed. ! Ml IJ 11 Place. 16 Cause. 17 " 1 1 9 1 1 ■ 3 4 lie enters is to be stated under the head of ' ' Cause of leaving tlie Ship, ' stated thus, ''discharged," "deserted," "left sick," "died." thus "H.M.S: Revenge ;" 136 AGREEMENT. Account OF APPEENTICES on BOAED (IP ANY). Christian and Surnames of the Apprentices at full length. Age. 2 Registry of Indenture. Registry of Assignment. Date, Place, and Cause of leaving this Ship, or of Death. Tobejllledupln/ihe Matter. 1 Date of 3 Port of 4 Date of 6 Port of 6 Date. 7 Place. 8 Cause 9 / Paeticulaes eelating to Wages and Effects of Seamen and Appeentices Deceased dtjeing the voyage. (Taken from tlie official log.) Tfote. — Particulars of the moneys due to eacli deceased seaman, and his clothes and efiecte, and of Deductions (if any), are to accompany this return in a separate form W. and E. 1 (late KK.), which will be furnished by the superintendent. If any master fails to give a true account of these particulars, he wiU be liable to forfeit a sum not exceeding treble the value of the money and effects not accounted for, or to a penalty not exceeding ^£50. II II Chxia^SLD. and Surname of Deceased. Certificates, if any. Description. State whetlier •Mate's," "En- gineer's," "Naval Re- serve," &c. Num- bers, Net Amotmt of Wages paid to Su perintendent. Officer of Cus- toms, or Consul] as per Account in Form "WA El, Particulars of Effects (if any) delivered to Superintendent, Officer of Customs, or Consul, as per A-ccount in Form W & B 1. Pabticulaes of all maehiages that have occukeeb on Boaed dueing the VOYAGE. (Taken from the official log.) W)te,'^^ection 282 of the " Mercantile Shipping Act, 1864," reqiaiies the master of a ship to enter in his official log the particulars of every marriage that has taken place on board ; and sections 273 and 274 require that a list of such marriages should be made out and delivered to a superintendent of a mercantile marine office in the United Kingdom. Date when Married. 1 Christian and Surnames of both Parties. 2 Ages. 3 ; state whe- ther Single, Widow, or Widower. 4 Profession or 6 Father's Christian and Surname. Profession or Occupation of Father. 7 , REGULATIONS FOR MAINTAINING DISCIPLINE. 137 Ceetificates or Indoesbmbnts made by Consuls or by Ofbiobrs in British Possessions Abroad. This form of agreement for a foreign going ship is executed in eight pages. An office copy in red ink, containing all the first part up to and including the particulars of engagement, and the account of apprentices on board, is to be forwarded to the Begietrar-General of Shipping and Seamen, when the agreement is made. No stamp is required (see s. 9, p. 10). On the eighth page there are indorsed the following Regulations for Maintaining Discipline, and Instructions to Masters : — REGULATIONS FOR MAINTAINING DISCIPLINE, Sanctioned by the Board of Trade in pursuance op the Merchant Shipping Act, s. 149. These regulations are distinct from and in addition to those contained in the Act, and are sanctioned but not universally required by law. All or any of them may be adopted by agreement between a master and his crew, and thereupon the offences specified in such of them as are so adopted wiU be legally punishable by the appropriate fines or punish- ments. These regulations are all numbered, and the numbers of such of them as are adopted must be inserted in the space left for that purpose in the agree- ment, page 1, and the following copy of these regulations must be made to correspond with the agreement by erasing such of the regulations as are not adopted. If the agreement is made before the superintendent of a mercantile marine office, his signature or initials must be. placed opposite such of the regulations as are adopted. For the purpose of legally enforcing any of the following penalties, the same steps must be adopted as in the case of other offences punish- able under the act ; that is to say, a statefuenf of the offence must, immediately after its commission, be entered in the official log book by the direction of the master, and must at the same time be attested to be true by the signatures of the master and the mate, or one of the crew ; and a copy of such entry must be furnished, or the same must be read over, to the offender, before the ship reaches any port or departs from the port at which she is ; and an entry that the same has been so furnished or read orer, and of the reply, if any, of the offender, must be made and signed in the same manner as the entry of the offence. These entries must, upon discharge of the offender, be shown to the superinten- dent of a mercantile marine office before whom the offender is discharged ; and if he is satisfied that the offence is proved, and that the entries have been properly made, the fine must be deducted from the offender's wages, and paid over to the superintendent. If in consequence of subsequent good conduct, the master thinks fit to remit or reduce any fine upon any member of his crew which has been entered in the official log, and signifies the same to the superintendent, the fine shall be remitted or reduced accordingly. If wages are con- tracted for by the voyage or by share, the amount of the fines is to be ascertained in the manner in which the amount of forfeiture is aaoer- tained in similar cases under sec. 252. 138 REGULATIONS FOR MAINTAINING DISCIPLINE. Offence. Amouut of Fine or ,FunlBhineiit. Not being on board at the time fixed by the agreementj Not retviiijjijg on boa*d at the epilation of leave ,,.,,.., Insolence or contemptuous language or beha- viour towards the master or any mate Striking or assaulting any person on board or belonging to the ship Quarrelling or provoking to quarrel . . . Swearing or using improper langiuage . Bringing or having on board spirituous liquors Carrying a sheath-bjife .... Drunkenness. First offence . Two days' pay. One day's pay. One day's pay. Two days' pay. One day's pay. One day's pay. Three days' pay. One day's pay. Two days' half al- lowance of provi- sions. Ditto. Second offence . . . Two days' pay. Neglect on the part of the officer in charge of the watch to- place the look-out properly . Two days' pay. Sleeping or gross negligence while on the look-out Two days' pay. Not extinguishiiig lights at the times ordered One day's pay. Smoking below One day's pay. Neglecting to bri»g wp, open, out, and air bedding, wbsft prdered , , . , Half d^y's pay. (For the Cook). — ^Not havijig any meal of the crew ready at the appointed time . One day's pay. Not attending Divine service on Sunday, un- less prevented by sickness or duty of the ship , One day's pay. Interrupting Divine service by indecorous conduct ....... One day's pay. Not being cleaned, shq.ved, and washed on Sundays, ,.,.,.. One day's pay. Washing clothes on a Sunday . . . One day's pay, Secreting contraband goods on board with intent to smuggle One month's pay. Destroying or defeeing the copy of the agree- ment wliah is made aoeessible to the crew One day's pay. If any oflJpBr is guilty oi any act or default which is made subject to a fine, he sbaJl be liable to a fine of twice the number of days' pay which would be exacted for a like act or drfault from a seaman, and such fine shall be paid and applied in the same manner as other fines, , Superinten- dent's Signature or Initials, WSTJIUOWQNS TO MASTERS. 1. The Mei'cbant Shipping Act inquires ittie waster pf ^v^ij ship, eisce^ shif/9 ijf, 1^9 thm eigMy tons .^^solmmly frn^hy^di m tlw cgastii\g traie, to enter into an agreement with ewry seaman whoni he carries to sea as one pf bis crew. The term " seamaw " wdjides every perspn, except wasters, pjjpts, and apprenljcgs ((July in4ent»red an4 registered) employed or engaged in any capacity m. board any sbip. I^fSTRUCTIONS TO MASTERS, 139 3, Inordei'to ejwWe the seamen to know the contents of the agrees 8 149. ment, the master, at the cowmencement of the voyage is feound iwder ^ '- — penalty of 51. to have a legible copy (omitting the signatures) placed in an accessible part of the ship, 3. AIJ alterations in any agreement (except additions in shipping snbstitutfis) are inoperative unless proved to have been made with the consent of all persons interested, by the written attestation of a super- intendent of a mercantile marine office, justice, officer of customs, consul, or vice-consvil. 4. Fraudulently altering, or making any false entry in, or delivering a faise copy of any agreement, or being party to such an act, may be punished by the infliction of a penalty not exceeding lOOZ,, or by im- prisonment with or without hard laboiir for any period not exceeding six months. 5. The crews of all British foreign-going ships must be engaged in the United Kingdom in the presence of a superintendent of mercantile marine, who will read over and explpiin the agreement to the seamen before they are allowed to sign it. 6. Steamers, fruit vessels, and other foreign-going vessels, which make short and frequent voyages and keep the same crews, are allowed to have running agreements, lasting like those of home-trade ships for six months. The masters of these vessels are thus relieved from the necesr sity of discharging and re-engaging their crews at the mercantile marine oflSce on each return to the United Kingdom. If the crew are engaged under a, running agreement, the master, upon every return of the ship to the United Kingdom, is to deposit his agreement at the mencantile marine office, and is to disohsirge or engage any of his crew before the superintendent. Before the ship leaves port, the master is required to endorse on the agreement whether any changes have been or are in- tended to be made in his crew. Any false statement renders the master liable to a penalty not exceeding 201. Engagmnewi tf Crews (ind Sea/inen in tlie United Kingdom, 7. Whenever a master of a ship is desirous of making use of the mer- caatile marine ffloe for the parpose of sdeeting his erew he must inform the superintendent, so that a notice maybe published for the information of those men who are seeking employment. 8. In aU cases the superintendent should have at least six hours notice of the time at which the master and crew are to attend to sign the agreement. Before the engagement of the crew is proceeded with, the master must — (a) Produce the certificates for himself, Ms mates, amd his engir neers (if any). (J) Pay sM- the fees, (c) Produce the authority of his owners or their agents for his iaguing allotment notes to his crew. (£) Itojduee tiie apprentices destined for the voyage togetlier with their indentures. 9. Upon the master complying with the above regulations, the super- intendent will, when the engag«nent of the crew has been completed, give him a certificate for clearance outwards. 10. Superintendents will give the like certificate to masters of ships who .have entered into running agreements with liieir crews, upon their 1*0 INSTRUCTIONS TO MASTERS. g 149 complying with the regulations (6) above, and producing at the mercah- '_^_ tile marine office the certificate of any mate or engineer engaged during or subsequent to the last voyage. 11. The engagement of substitutes for seamen ■who have died or left the ship within twenty-four hours of her putting to sea is to be made before a superintendent if practicable, but if not the master as soon as- possible is to have the agreement read over and explained to the sub- stitutes in the presence of a witness who is to attest their signatures. 12. Carrying any seaman to sea without entering into an agreement subjects the master of a foreign-going ship to a penalty of 51. 18. The master of a foreign-going ship incurs a penalty of 61. if he does not report to the nearest mercantile marine office any changes la his crew before he finally leaves the United Kingdom. Ports abroad. 14. Upon the arrival of the ship at any foreign port where there is a British consular officer, or at any port in any British possession abroad, the master is bound under a penalty of twenty pounds to deliver within forty-eight hours of the ship's arrival (if the ship remains forty-eight hours at the port, and is not a passenger ship), to the consular officer, or the chief officer of customs, the agreement, and all indentures and assignments of apprenticeships. These the officer will keep during the ship's stay at the port, and will, within a reasonable time before the ship's depairture, return, them to the master, with a certificate stating when they were delivered and returned. 15. The engagement" or discharge of any seaman abroad must be made before the British consul in a foreign port, or before the customs officer in a British possession, who will endorse upon the agreement a certificate accordingly. If this certificate be not made the master of ±he ship is liable to a, penalty. (See alsopcwas. 20, 21, amd 22 below.) Betwn to the United' Kingdom. 16. The crew of every British foreign-going ship discharged in the United Kingdom must be disciiarged and receive their wages in the presence of a superintendent of a mercantile marine office. An infringe- ment of this law renders the master or owner liable to a penalty of IQl. 17. In all cases in which crews are to be discharged at the mercantile marine office, at least twenty-four hours' notice should be given to the superintendent by the master or owner. 18. Within forty-eight hours after the ship's arrival at her final port of destination in the United Kingdom, or upon the discharge of the crew, whichever first happens, the master is to deliver to the superinten- dent of the mercantile, marine office the agreement with a list of the crew and official log book, and accounts of the wages and effects of any seaman or apprentice who has died on board during the voyage, whether heiormed part of the crew or not, any effects remaining unsold, and the balance of wages or other moneys belonging to any such seaman or apprentice. The master is also to deliver to the superintendent the cer- tificates (mates, engineers, or seamen's, E 2, or E ,V 2) of any who have died or deserted during the voyage. The superintendent will then give a certificate for the purpose of clearance inwards. 19. The master is to give to every seaman (or leave with the .superin- tendent on his behalf) an account, on a form sanctioned by the Board of Trade, of his wages, and of all deductions to be made therefrom, at least INSTRUCTIONS TO MASTERS. twenty-four hovirs before the time of payment or dischaige, under a penalty of 51. for non-compliance. Deductions for fines, forfeitvires, &c. ■which are sought to be made in this account must be proved by proper entries made in the official log book, 20. Upon paying ofE or discharging any seaman, the master is bound under a penalty of 101. to give the seaman a certificate of discharge, and the master is also bound under a penalty of 201. to deliver to any certi- ficated mate or engineer upon his dischaige his certificate of competency or service. 21. A statement of the conduct, character, and qualification of each member of the crew, or a statement that he deoUnes to give an opinion on such particulars, is to be entered and signed by the master in the official log book as required by the Act. 22. Upon payment of wages and settlement of disputes (if any) being efEected, the officer before whom the meit are discharged will require the crew to sign m his presence a release from all claims in respect of the voyage just finished. 141 §149. Date of Termination of Half Year. 187 This agreement is to be used only for voyages made on the coasts of the United Kingdom, or to the Islands of Jersey, Guernsey, Alderney, Sark, and Isle of Man, or to places on the Continent of Europe between the river Elbe and Brest, inclusive, Bng. 6. late B, and D, — Sanctioned by the Board of Trade, May 1874. In pursuance of 17 & 18 Vict. c. 104, *,(* Any erasii/re, mterlAneation, or alteration in this agree- ment mil [be void, unless attested iy some swperintendent of a mercantile mariTie office, officer of customs, consul, or mce-consul, to be made mtk the consent of tlw persons interested, TSo. . ExEoriED IN Tes Pages HALP-TEARLT AGREEMENT AND ACCOUNT OF VOYAGES AND CREW OF A SHIP ENGAGED IN THE HOME TRADE ONLY, 1^" NoTiCE,^As -the agreement is made for voyages in the home trade only, the crew need not be engaged before a superintendent of mercantile marine. On whatever date the agreement is made it expires on the next following 30th day of June or Slst day of December next, as the case may be, and is then, or within twenty-one days afterwards, to be delivered to the superintendent of a mercantile marine office. If, however, the ship is absent from the United Kingdom on the SOth day of June or 31st day of December, ' then this agreement remains in force until the first arrival of the ship at her final port of destination in the United Kingdom after such date, or the discharge of cargo con- sequent on such arrival, when it is to be delivered up to a superintendent. On this agreement and account of crew being duly completed and deposited at a mercantile marine office, the superintendent will issue the certificate C. C, to enable the ship to be cleared at the Custom House. Neglect to deposit the returns within the time prescribed by the Merchant Shipping Act subjects the owner or master to a penalty, and will lead to delay in the issue of the clearance certificate and consequent detention of the ship. N.B. — The master's attention is specially directed to the " Instructions to Masters of Home Trade Vessels," contained on p. 10 of the Agreement, see below, p, 144, Name of Ship. , Official No^ Port of Eegistry, Port No, and Date of Register. Registered Tonnage. Nominal Horse- power of Engines . (if any). 142 AGREEMENT FOB HOME-TRADE SHIP- Beoistered (Manaoing) Owner. Mastee. Name. Address. (State No. of House, Street, and Town.) Name. No. of Certificate (if any). Addresd. (State Noi of fiousej Street, and Town.) Scale of Provisions To be allowed and served out to the Crew during the Voyage. Sunday . Monday. . Tuesday . Wednesday Thursday . Friday . Saturday . Bread lb. Park lb. Plonr lb. Peas pint. Rice lb. Tea oz. Coflee Sugar Water OK. qts. Substitutes. * Here any stipulation ial ctanges 6r satstitution of one article for anotler may be inserted. The several Pbebons whose names are heieto subscribed, and whose, descriptiotis are contained on the other side or sides, and df whom axe engaged as sailois, hereby agree to serve, in the several capacities expressed against their respective names, on boald the said ship, which is to be employed * And tte crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the said master or of any person who shall lawfully succeed him, and of their superior officers, in everything relating to the said ship and the stores and cargo thereof, whether on board, in boats, or on shore : in consideration of which services to be duly performed, the said master hereby agrees to pay to the said crew as wages the sums against their names respectively expressed, and to supply them vrith provisions according to the above scale : And it is hereby agreed, that any embezzlement or wilful or negligent destruction of any part of the ship's cargo or stores shall be made good to the owner out of the wages of the person guilty of the same : And if any person enters himself as qualified for a duty which he proves incompetent to perform, his wages shall be reduced in proportion to his incompetency ; and it is also agreed that the regulations * Here tie probable nature of the ship's employment for the ensuing six months is to described, thus, " In the coastiag trade of the United Kingdom ; " " In the home trade." The particulars of each voyage made under this agreement are to be inserted in the form provided on p. 10 of the Agreement. be AGREEMENT FOR HOME-TRADE SHIP. 143 for maintaining discipline sanctioned by the Board of Trade, which are printed herein and numbered t are adopted by the parties hereto, and shall be considered to be embodied in this agreement. And it is also agreed, that if any member of the crew considers himself to be aggrieved by any breach of the agreement or otherwise, he shall represent the same to the master or officer in charge of the ship in a quiet and orderly manner, who Bhall thereupon take such steps as thfe case niay require : And it is also agreed, that f Date. In Witness whereof the said parties haVe subscribed their names on the other side or sides hereof on the days against the respective signatures mentioned. Master's iSigtiMUre. These columns to be filled in by the master at the end of the last voyage or half-year. To be filled in by the Superin- tendent. Date of Termi- nation of the last Voyage. Port at which the last Voyage terminated. I hereby declare to the tntth of the entries in this agreement and ac- count of crew, &c. .... . . Master. Received at the day of 187 . / Stiperinlenimi of \ Mercantile Manne. This form of agreement for a home trade Ship is executed in ten pages. The particulars of engagement are simildi to those in the agree- ment for a foreign going ship; Under the particulars of discharge, a space is left for a report of character, and entries of this are to be made under two headings, viz : For General Conduct, and For Ability in Seamanship. The following forms relating to births and deaths at sea, are part of a home trade agreement. (See also sec. 37 of the Births and Deaths Regis- tration Act, 1874, under sec. 274, p. 234.) BiKTHS That Save Occurebd on Board BtRiSG thu Half Year. Date of Birth. Name (if any) and Sex of the Child. Christian and Surname, and Rank, Profession, or Occupation of the Father. Name and Surname and Maiden Sur- name of Mother. Nationality and last Place of Abode of Father and Mother. + Here are to be inserted the numbers of any of the regulations fitt maintaining discipline issued by the Board of Trade, and printed on p. 9 hereof, wiich the parties agree to adopt, J Here any stipulations may be inserted to •which the parties agree. 144 INSTEUCTIONS TO MASTERS IN HOME TRADE. Deaths that have occueebd on Board dukino the Half Year. Or Ckew * Of Passkngebs or othek than the Crew. it Is it 1 Name of Deceased. 2 Net Amount of "Wages paid to Superinten- ^ dent. Officer of Customs, or Consul, asper Account W & El. Date of Death. 4 Christian and Surname of Deceased. 5 6 1 •7 Bank, Pro- fession, or Occupation, if known. 8 NationaJity and last Place of Abode. 9 Cause of Death. 10 * Particulars of the moneys due to each deceased seaman, and of his clothes and effects, and of deductions (if any), are to accompany this return in a separate Form W and E 1 (late KK.), which will be furnished by the superintendent. K any master fails to give a true account of these particulars, he will be liable to forfeit a sum not exceeding treble the value of e money and effects not accounted for, or to a penalty not exceeding £50. t A statement of the dates of departure and dates of arrival at the several ports, must be entered on the last page. The regulations for maintaining discipline (given above, p. 137), aje indorsed on the agree- ment, and it also contains the following Instructions to Masters engaged in the Home Trade. Sect. 149. Sect. 157. Sect. 155. Sect. 166. Sect. 163. Sects. 164 and 618. INSTRUCTIONS TO MASTERS OF VESSELS ENGAGED m THE HOME TRADE. Some Trade Agreements. 1. The Merchant Shipping Act requires the master of every ship, except sJiips of less than eighty tons exchisvcely employed in trading iiipon coasts of United Mngdom, to enter into an agreement with every seaman whom he carries to sea as one of his crew. (The term " Seaman " in- cludes every person, except masters, pilots, and apprentices (duly indentured and registered) employed or engaged in any capacity on board any ship.) 2. Neglect to comply with this regulation subjects the master or owner to a penalty not exceeding hi. for every offence. 3. In order to enable the seamen to know the contents of the agree- ment, the master must cause the agreement to be read over and ex- plained to each seaman, and the seaman will thereupon sign the same in the presence of a witness, who shall attest his signature. 4. The master is bound, under a penalty of 51., to have a legible copy of the agreement (omitting the signatures) placed in an accessible part of the ship. 5. All alterations in any agreement (except additions in shipping substitutes) are inoperative unless proved to have been made with the consent of all persons interested, by the written attestation of a superin- tendent of a mercantile marine office, justice, officer of customs, consul or vice-consul, or where there is no such officer, of two respectable British merchants. 6. Fraudulently altering, or making any false entry in, or delivering INSTRUCTIONS TO MASTERS IN HOME TRADE. 145 §149. a false copy of any agreement, or being party to such an act, may be punished by the infliction of a penalty not exceeding lOOZ., or by im- prisonment with or without hard labour for any period not exceeding sis months. Ports Abroad. 7. Upon the arrival of the ship at any foreign port where there is a geot. 279. British consular officer, the master is bound under a penalty of tment)/ pounds to deliver within forty-eight hours of the ship's arrival (if the ship remains forty-eight hours at the port, and is not a pas- senger ship), to the consular officer, the agreement, and all inden- tures and assignments of apprenticeships. These the consul will keep during the ship's stay at the port, and will, within a reasonable time before the ship's departure, return to the master, with a certifi- cate stating when they were delivered and returned. 8. The engagement or discharge of any seaman abroad mitst he gg^tg igg made hefore tlie British consul, who will endorse upon the agree- 205 and 207. ment a certificate accordingly. If this certificate be not made the master of the ship is liable to a penalty. {See also pars, 14 and 15 heloiv.') Official Log Boolts, 9. Every ship, of whatever tonnage, which trades to any port out of gects. 280, the United Kingdom, must carry an official log book, which must be de- 286, and 287. Uvered at the termination of the half-year or home-trade employment, with the agreement and account of crew, to the superintendent of a mercantile marine office. 10. The master's attention is specially directed to the instructions con- tained in the 2nd and 3rd pages of the official log book as to the entries which are required by law to be made therein. 11. On every occasion of the vessel proceeding to sea, the master is gect 5 M S required, under a penalty of 20Z., to enter in the official log book the Act of 1871. ship's draught of water. Termination, of Voyage or Half Year. 12. This agreement may not extend beyond the date of the first gect. 162, arrival of the ship at her final port of destination in the United Kingdom par. 1. after the 30th June or 31st December next following. 13. Within twenty-one days after the 30th June or the Blst De- gg^^. ]^g2 -p^r cember, or previously if by change of employment the vessel leaves 2 and sects. the home for the foreign trade, the master or owner is to deliver to 275 and 276. the superintendent of mercantile marine a return in this form, to- gether with accounts of the wages and effects of any seaman or apprentice, whether he formed part of the crew or not, who has died on board during the period of the home-trade agreement, and any effects remainiag unsold and the balance of wages or other moneys belonging to any such seaman or apprentice. The master is also to deliver to the superintendent the certificates (mates, engineer's, or sea- men's, R V 2) of any who have died or deserted during the voyage. The superintendent wiU then give a certificate for the purpose of clearance. 14. The master is to give to every seaman (or leave with the snperin- geot. 171. tendent on his behalf) an account, on a form sanctioned by the Board of Trade, of his wages, and of all deductions to be made therefrom, at least L 146 AGREEMENTS WITH SEAMEN. §149. Sects. 172 and 510 of M. S. Act, 1862. Sect. 176. Are construed favourably for seamen. Service in different vessels. Seamen under- take to meet ordinary emer- gencies. Promises of extra payvoid. Claim by usage void. twenty-four hours before the time of payment or discharge, under a penalty of 51. for non-compliance. Heductions for fines, forfeitures, &o. vphich are sought to be made in this account must be proved by proper entries made in the oifioial log book. 15. Upon paying off or discharging any seaman, the master is bound under a penalty of 10^. to give the seaman a certificate of discharge, and the master is also bound under a penalty of 201. to return to any cer- tificated mate or engineer upon his dischai'ge his certificate of compe- tency or service. 16. A statement of the conduct, character, and qualification of each member of the crew, or a statement that he declines to give an opinion on such partioul^rs, is to be entered in this list and signed by the master. Agreevients mith Seamen. Seamen are favourites of the law, and placed peculiarly under its protection (a). Where the meaning or construction of a seaman's con- tract admits of doubt, the Court will give the seaman the benefit of the doubt (b). Jurisdiction was given to the Admiralty Court over any claim by a seaman for wages earned by him on board his ship, and over any claim by the master for wages, by section 10 of the Admiralty Court Act, 1861 (24 Vic. c. 10). An agreement for " a voyage from Liverpool to the West Coast of Africa and back, or, for a term not to exceed three years," means that the owners will be disentitled to the seaman's services after the three years have ended, even though the voyage be not completed (c). And a stipulation that the services be rendered either on board the vessel in which the seaman leaves this country, or any other vessel of the same owner engaged in a similar adventure, will bind the seaman during the whole period agreed upon (d). Furrther Remimeration. When seamen have engaged to serve on board a ship, they " under- take to do all they can under all the emergencies of the voyage " [d), and therefore any promises of extra remuneration made by the master during any emergency, in order to make the seamen exert themselves, are void {e). So when a ship was in danger, and the master promised a seaman five guineas to perform some extra work, the promise was held to be wholly void (/). Where some of the crew deserted, and the master promised to raise the wages of the rest of the crew for the remaining part of the voyage, the promise was not binding, as the crew were bound by their articles for the whole voyage (g). Nor can a sailor who has signed articles for a voyage, claim any further wages or gratuity, by usage or custom (7t). (a) The Minerva, 1 Hagg. Ad. 368 ; The Juliana, 1 Doda. Ad. 463. (h) The Hoghton, 3 Hagg. Ad. 112 ; Jansen v. Heinrich, Crabbe (Amer. Rep.), 226. (c) Fram- v. Sutton, 2 C. B. N. S. 512. (d) StUlc V. Myrick, 2 Camp. 317, per Lord EUenborough, 0. J. (e) The liockwoods, 1 Stuart's Vice Ad. Rep. (Quebec), 123. (/) Ecm-is V. Watson, 1 Peake (3rd ed.), 102. (g) Harris v. Carter, 3 E. & B. 559 ; 23 L. J. Q. B. 295. {h) Msworth V. Woolmore, 5 Esp. 84. AGItEEMENTS WITH SEAMEN. 147 However, sailors are not bound by tlie articles to expose their lives S 150. to very unusual danger, and therefore where the crew is so reduced that to proceed is very dangerous (and the jury must judge of this), and the Promise valid master, as an inducement to the remaining crew to face the increased '' *° induce risk, promises them extra wages, such a promise will be binding, unless seaman to made under duress (i). But if a sailor during a voyage enters upon and „„+,,„ °;„|. fulfils the duties of a post superior to that he commenced with, he is entitled to the higher rate of wages belonging to such post {?i) ; and if "hen sailor the original contract of hiring is dissolved, as for instance by an entu-e g^Tjovjo,. nost .change in the voyage, or the sale of the ship, the sailor may enter into a " new agreement for a higher rate of wages (I). (See also sec. 182, p. 167, Dissolution of and sec. 214, p. 192, as to what stipulations are inoperative and void, and sec, 483, p. 405, as to claims for salvage.) 150. In the case of all foreign-going' ships, in whatever part of Forforeign- , . . a o D L' ,,„,,. going ships Her Majesty's dominions the same are registered, the following such agree- rules shall be observed with respect to agreements ; (that is to ments, when ■^ ° ^ made m the say,) United King- (1.) Every agreement made in the United Kingdom (except ^°^'^' except in such cases of agreements with substitutes as are here- cases, to he inafter specially provided for) shall be signed by each made before seaman in the presence of a superintendent of a mer- ^y a superin- cantile marine office. tendent. (2.) Such superintendent shall cause the agreement to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature : (8.) When the crew is first engaged the agreement shall be To be in signed in duplicate, and one part shall be retained by ^^ ^'^^ ^' the superintendent, and the other part shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship, and shall be delivered to the master : (4.) In the case of substitutes engaged in the place of sea- Provision for men who have duly signed the agreement, and whose ^"^ stitutes. services are lost within twenty-four hours of the ship's putting to sea by death, desertion, or other unforeseen cause, the engagement shall, when practicable, be made before some superintendent of a mercantile marine (j) Eartley v. Fonsonby, 7 B. & B. 872 ; The Araminta, 1 Spiaks, E. & A. 229. (t) Tlie Providence, 1 Hagg. Ad. 391 ; Eanson v. Boyden, L. E. 3 C. P. 47 ; 3 Mar. Law Cas. 8. (I) Harris v. Carter, 3 E, & B. 561. L 2 148 RUNNING AGREEMENTS. 150-152. Foreign-goiDg ships making short voyages may have running agree- ments. Engagement and discharge of seamen in the meantime. ofiSce duly appointed in the manner hereinbefore specified; and whenever such last mentioned engage- ment cannot be so made, the master shall, before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read oyer and explained to the seamen ; and the seamen shall thereupon sign the same in the presence of a witness, who shall attest their signatures. 151. In the case of foreign-going ships making voyages averaging less than six months in duration, running agree- ments with the crew may be made to extend over two or more voyages, so that no such agreement shall extend beyond the next following thirtieth day of June or thirty-first day of December, or the first arrival of the ship at her port of desti- nation in the United Kingdom after such date, or the discharge of cargo consequent upon such arrival; and every person entering into such agreement, whether engaged upon the first commencement or otherwise, shall enter into and sign the same in the manner hereby required for other foreign-going ships ; and every person engaged thereunder, if discharged in the United Kingdom, shall be discharged in the like manner hereby required for the discharge of seamen belonging to other foreign- going ships. {See sec. 162,^. 152.) 152. The master of every foreign-going ship for which such a running agreement as aforesaid is made shall, upon every return to any port in the United Kingdom before the final termination of the agreement, discharge or engage before the superintendent of a mercantile marine office at such port any seaman whom he is required by law so to discharge or engage, and shall upon every such return indorse on the agreement a statement (as the case may be) either that no such discharges or engagements have been made or are intended to be made before the ship again leaves port, or that all such discharges or engagements have been duly made as hereinbefore required, and shall deliver the agreement so indorsed to the superin- tendent, and any master who wilfully makes a false statement in such indorsement shall incur a penalty not exceeding 20Z. ; and the superintendent shall also sign an indorsement on the agreement to the effect that the provisions of this Act relating to such agreement have been complied with, and shall re- deliver the agreement so indorsed to the master. RUNNING AND SPECIAL AGREEMENTS. 149 153. In cases in which such running agreements are made, §§ the duplicate agreement retained by the superintendent upon 153-158. the iirst engagement of the crew shall either be transmitted to ^^ ,■ i. 7 ,, _, ■ , ri Duplicates of tne Kegistrar-Greneral of Shipping and Seamen immediately, running agree- or be kept by the superintendent until the expiration of the ^J^^e^it^"]^!*" agreement, as the Board of Trade directs. 154. For the purpose of determining the fees to be paid upon Fees to be paid the engagement and discharge of seamen belonging to foreign- nLe"2^ree-'^" going ships which have running agi'eements as aforesaid, the ments. crew shall be considered to be engaged when the agreement is first signed, and to be discharged when the agreement finally terminates, and all intermediate engagements and discharges shall be considered to be engagements and discharges of single seamen. 155. In the case of home-trade ships, crews or single sea- in home-trade men may, if the master thinks fit, be engaged before a super- ^^^P^ f'S^^^" intendent of a mercantile marine office in the manner herein- entered into before directed with respect to foreign-going ships; and in before a super- every case in which the engagement is not so made, the other witness. master shall, before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read over and explained to each seaman, and the seaman shall thereupon sign the same in the presence of a witness, who shall attest his signature. 156. In cases where several home- trade ships belong to the Special agree- same owner, the agreement with the seamen may, notwith- ™ome4rade standing anything herein contained, be made by the owner ships belong- instead of by the master, and the seamen may be engaged to otocts!''™^ serve in any two or more of such ships, provided that the names of the ships and the nature of the service are specified in the agreement ; but with the foregoing exception all provisions herein contained which relate to ordinary agreements for home- trade ships shall be applicable to agreements made in pursu- ance of this section. 157. If in any case a master carries any seaman to sea with- Penalty for out entering into an agreement with him in the form and ^gn'^^fj^p^^" manner and at the place and time hereby in such case required, agreement the master in the case of a foreign-going ship, and the master duly executed. or owner in the case of a home-trade ship, shall for each such offence incur a penalty not exceeding 51. 158. The master of every foreign-going ship of which the changea in 150 SEAMEN ENGAGED IN COLONIES, &C, 158-160. crew to 1)6 reported. Seamen en- gaged in the colonies to lie shipped before some super- intendent or olHcer of customs. Seamen en- gaged in loreigu ports to be shipped with the sanction and in the presence of the consul. Penalty, crew has been engaged before a superintendent of a mercantile marine office sliall, before finally leaving the United Kingdom, sign and send to the nearest superintendent a full and accurate statement in a form sanctioned by the Board of Trade of every change which takes place in his crew before finally leaving the United Kingdom, and in default shall for each offence incur a penalty not exceeding 5Z. ; and such statement shall be admissible in evidence, subject to all just exceptions. 159. Every master of a ship who, if such ship is registered in the United Kingdom, engages any seaman in any British possession, or if such ship belongs to any British possession engages any seaman in any British possession other than that to which the ship belongs, shall, if there is at the place where such seaman is engaged any official superintendent, or other officer duly appointed for the purpose of shipping seamen, engage such seamen before such superintendent, and if there is no such superintendent or officer, then before some officer of customs ; and the same rules, qualifications, and penalties as are hereinbefore specified with respect to the engagement of seamen before superintendents of mercantile marine offices in the United Kingdom, shall apply to such engagements in a British possession ; and upon every such engagement, such superintendent or officer as aforesaid shall indorse upon the agreement an attestation to the effect that the same has been signed in his presence, and otherwise made as hereby required ; and if in any case such attestation is not made, the burden of proving that the seaman was duly engaged as hereby required shall lie upon the master. 160. Every master of a British ship who engages any sea* man at any place out of Her Majesty's dominions in which there is a British consular officer shall, before carrying such seaman to sea, procure the sanction of such officer, and shall engage such seaman before such officer ; and the same rules as are hereinbefore contained with respect to the engagement of seamen before superintendents of mercantile marine offices in the United Kingdom shall apply to such engagements made before consular officers ; and upon every such engagement the consular officer shall indorse upon the agreement his sanction thereof, and an attestation to the effect that the same has been signed in his presence, and otherwise made as hereby required ; and every master who engages any seaman in any place in PBODUOTION OF AGREEMENTS AND CEETlEICATEg. lol which there is a consular officer, otherwise than as herein- §§ before required, shall incur a penalty not exceeding 201. ; 160,161. and if in any case the indorsement and attestation hereby required is not made upon the agreement, the burden of proving the engagement to have been made as hereinbefore required shall lie upon the master. Production of Agrmnents and Certificates. 161. The following rules shall be observed with respect to Rules as to the production of agreements and certificates of competency or P™'i'-^°ti°'i °' '^ c I c J agreements service for foreign-going ships ; (that is to say,) and certificates (1.) The master of every foreign-going ship shall, on signing mates^o?^ '^'^'^ the agreement with his crew, produce to the superia- foreign-going tendent of a mercantile marine office before vrhom the ^^^^^' same is signed the certificates of competency or service which the said master and his first and second mate or only mate, as the case may be, are hereby required to possess ; and upon such production being duly made, and the agreement being duly executed as hereby required, the superintendent shall sign and give to the master a certificate to that effect : (2.) In the case of running agreements for foreign-going Running ships the superintendent shall, before the second and f^ forei^n^- every subsequent voyage made after the first commence- going ships. ment of the agreement, sign and give to the master, on his complying with the provisions herein contained with respect to such agreements, and producing to the super- intendent the certificate of competency or service of any first, second, or only mate then first engaged by him, a certificate to that effect : (3.) The m£^ster of every foreign-going ship shall, before Certificate to proceeding to sea, produce the certificate so to be given to him by the superintendent as aforesaid to the collector or comptroller of customs, and no officer of customs shall clear any such ship outwards without such pro- duction ! and if any such ship attempts to go to sea without a clearance, any such officer may detain her until such certificate as aforesaid is produced : (4.) The master of every foreign-going ship shall, within On arrival of forty-eight hours after the .ship's arrival at her final ^^' port of destination iii the United Kingdom, or upon the for home- trade 152 PRODUCTION OF AGREEMENTS AND CERTIFICATES. § § discharge of the crew, whichever first happens, deliver 161, 162. such agreement to a superintendent of a mercantile marine office at the place ; and such superintendent shall thereupon give to the master a certificate of such delivery; and no officer of customs shall clear any foreign-going ship inwards without the production of such certificate : Penalty. And if the master of any foreign-going ship fails to deliver the agreement to a superintendent of a mercantile marine office at the time and in the manner hereby directed, he shall for every default incur a penalty not exceeding U. Rules as to 162. The following rules shall be observed with respect to agreements ° ^^^ production of agreements and certificates of competency and certificates or service for home-trade ships ; (that is to say,) (1.) In the case of home-trade ships of more than eighty tons burden, no agreement shall extend beyond the next following thirtieth day of June or thirty-first day of December, or the first arrival of the ship at her final port of destination in the United Kingdom after such date, or the discharge of cargo consequent upon such arrival : {See next page.) (2.) The master or owner of every such ship shall, within twenty-one days after the thirtieth day of June and the thirty-first day of December in every year, transmit or deliver to some superintendent of a mercantile marine office in the United Kingdom every agreement made within six calendar months next preceding such days respectively, and shall also in the case of home-trade passenger ships produce to the superintendent the cer- tificates of competency or service which the said master, and his first or only mate, as the case may be, are hereby required to possess : (3.) The superintendent shall thereupon give to the master or owner a certificate of such delivery and production ; and no officer of customs shall grant a clearance or transire for any such ship as last aforesaid without the production of such certificate ; and if any such ship attempts to ply or go to sea without such clearance or transire, any such officer may detain her until the said certificate be produced : Penalty. And if tho agreement for any home-trade ship is not deli- AGREEMENTS WITH SEAilEN. 153 vered or transmitted by the master or owner to a superintendent § § at the time and in the manner hereby directed, such master or 162-165. owner shall for every default incur a penalty not exceed- ' ing 51 35 & 36 Vict. c. 73, s. 16. — The ownpr of home-trade ships Owner or or his agent may enter into time agreements, in forms to be agent of home- sanctioned by the Board of Trade, with individual seamen to ^a'^^entCTinto serve in any one or more ships belonging to him, which agree- ^Se^ag^e™ ° ments need not expire on either the thirtieth day of June or ments which the thirty-first day of December, anything in the Merchant need not ex- Shipping Act to the contrary notwithstanding : Provided pii'^ lialf- always, that a duplicate of each agreement entered into under ^^^' ^' the provisions of the section be forwarded to the Eegistrar- General of Shipping and Seamen within forty-eight hours after it has been entered into, 163. Every erasure, interlineation, or alteration in any such Alterations to agreement with seamen as is required by the third part of this ^l^'i^'^^]^^®^^ Act (except additions so made as hereinbefore directed for have been shipping substitutes or persons engaged subsequently to the ^^^^ ^^*^ *Ji® first departure of the ship) shall be wholly inoperative, unless parties. proved to have been made with the consent of all the persons interested in such erasure, interlineation, or alteration by the written attestation (if made in Her Majesty's dominions) of some superintendent of a mercantile marine ofiB.ce, justice, ofiScer of customs, or other public functionary, or (if made out of Her Majesty's dominions) of a British consular officer, or, where there is no such officer, of two respectable British merchants. 164. Every person who fraudulently alters, assists in fraudu- Penalty for lently altering, or procures to be fraudulently altered, or makes, ayeement. or assists in making, or procures to be made, any false entry in, or delivers, assists in delivering, or procures to be delivered, a false copy of any agreement, shall for each such offence be deemed guilty of a misdemeanor. 165. Any seaman may bring forward evidence to prove the Seamen not to contents of any agreement or otherwise to support his case, ^^ bound to , . . . , • , 1,1 produce agree- without producmg or givmg notice to produce the agreement ment. or any copy thereof. This section creates an exception to the ordinary rules of evidence, but it only allows the seaman to prove what were the actual contents of the agreement, and does not allow him to bring forward evidence of 154 AGBIlEMENTS WITH SEAMEN. §§ 165-168 Jiny claims he may have that Were not inserted in it (to). Agreements with seamen are subject to the ordinary rule, that where a written agreement exists, it must be taken to represent the final contract be- tween the parties ; and terms which are verbally agreed upon before or at the time of the writing, but which are not contained in it, are not binding (»). Copy of agree- 166. The master shall at the commencement of every voyage ment to be ^j* engagement cause a legible copy of the agreement (omitting sible to crew- the signatures) to be placed or posted up in such patt of the ship as to be accessible to the crew, and in default shall for each offence incur a penalty not exceedingSZ. Seamen dis- 167. Any seaman who has signed an agreement, and is after- charged before ^j,^ discharged before the commencement of the voyage, or voyagetohave ° -1.11.11. i.- compensation, before one month's wages are earned, without rault on his part justifying such discharge and without his consent, shall be en- titled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage thereby caused to him, not exceeding one month's wages, and may on adducing such evidence as the court hearing the case deems satisfactory of his having been so improperly discharged as aforesaid, recover such compensation as if it were wages duly earned. This would seem not to mclude the' case of an eiigageinent at a gross sum for an entire voyage (0). General incapacity, drunkenness, neglect of duty, and disobedience, if proved, are fully sufficient to justify a dis- charge (p) ; (as to forfeiture of wages, see sec. 171, p. 157). The seaman can recover compensation under this section in the summary manner provided for in sec. 188. If he does not exert himself in case of a wreck, his claim is barred (see sec. 183, p. 169). Allotment of Wages. to fuotaiTnt''' •^^^' ^^^ stipulations for the allotment of any part of tte notes. wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agree- ment, and shall state the amounts and times of the paymehtS to be made ; and all allotment notes shall be in forms sanc- tioned by the Board of Trade. (m) The Isabella, 2 0. Rob. 241 ; Mswm-th v. Woolmore, 5 Esp. Si. (71) Goss V. Zord Nugent, 5 B. & Ad. 58. (0) Maclachlan on Shipping (2ud. ed), p. 225. (p) BoUnettv. The Exeter, 2 C. Bob. 263. seaman's Allotment note. 155 H O s h-l W H « o ii» n 1^1 w •^i| ^ CD III . O Is f 'S III o o ^ t S S ^ m ^> -S ^ ojil . nS rf t| i^ ". a ^ .^ 1 ►;■ - ^ o S, 1,-sl" .a -0.1-0 g.S'" ^a-sa-si o qj a, 43 w JH r] a P^ 2 0! o 53 S o fl -g "^'fe rt m S c*" - ai^ai "a £ ffl-O ro ffl-^ S ''^ » S5 ^^s p ^, " g 03 5 a) t>,"*^ a (» .g ft =S H P< e a s?« SI 2 i S 3-S 3 S 3 a i fe'-s'S- <2 8 s g S,^ ■a ,e5 sr 1S6 seaman's allotment note. § 169. .^169. The wife, or the father or mother, or the grandfather or Allotment grandmother, or any child or grandchild, or any brother or notes may be sister of any seaman in whose favour an allotment note of part marily by ' °^ ^^^ wages of such seaman is made, may, unless the seaman certain per- is shown in manner hereinafter mentioned to have forfeited or certain con- ^^ ceased to be entitled to the wages out of which the allotment ditions. is to be paid, and subject, as to the wife, to the provision hereinafter contained, sue for and recover the sums allotted by the note when and' as the same are made payable, with costs, from the owner or any agent who has authorised the drawing of the note, either in the county court or in the summary manner in which seamen are by this Act enabled to sue for and recover wages not exceeding 50^. ; and in any such proceeding it shall be suflBcient for the claimant to prove that he or she is the person mentioned in the note, and that the note was given by the owner or by the master or some other authorised agent ; and the seaman shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the court, either by the oflftcial statement of the change in the crew caused by his absence made and signed by the master, as by this Act is required, or by a duly certified copy of some entry in the ofBcial log book to the effect that he has left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence, of whatever description, as the court in its absolute discretion considers suflBcient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid : Provided that the wife of any seaman who deserts her children, or so miscon- ducts herself as to be undeserving of support from her husband, .shall thereupon forfeit all right to further payments of any allotment of his wages which has been made in her favour. This introduces an exception to the common law rule, that the con- eideration for the promise should more from the plaintiff to the defen- dant (j). Advance notes in anticipation of future wages are frequently given by masters. A note was given in this form " Ten days after the ship Athlone sails from the port of Liverpool, the undersigned does promise and agree to pay to any person who shall advance to Reuben Hill on this agreement the sum of 61., provided Eeuben Hill shall sail in the ship from the port of Liverpool." For this note an outfitter gave SI. 15s. in cash, and 21. 15s. in wearing apparel, and it was held that the (2) Crow V. Rogers, 1 Strange, 692 ; Price v. Easton, 4 B. & Ad. 433. DISCHARGE AND PAYMENT OF WAGES. 157 §§ 170, 171. condition on which the holder was entitled to sue the maker, was fulfilled (»•). Discharge and Payment of Wages. 170. In the case of all British foreign-going ships, in what- Discharge ever part of Her Majesty's dominions the same are registered, g™^/shi™Vo all seamen discharged in the United Kingdom shall be dis- he made before charged and lose their wages in the presence of a super- supermten- intendent of a mercantile marine ofSce duly appointed under this Act, except in cases where some competent court otherwise directs ; and any master or owner of any such ship who dis- charges any seaman belonging thereto, or, except as aforesaid, pays his wages within the United Kingdom in any other manner, shall incur a penalty not exceeding 101. ; and in the case of home-trade ships seamen may, if the owner or master so desires, be discharged and receive their wages in like manner. A Naval Court may dismiss a seaman (see sec. 263, p. 227). 171. Every master shall not less than twenty-four hours Master to de- before paying off or discharging any seaman deliver to him, or J^^ account if he is to be discharged before a superintendent of a mercan- tile marine office, to such superintendent a full and true ac- count in a form sanctioned by the Board of Trade of his wages and of all deductions to be made therefrom on any account whatever, and in default shall for each offence incur a penalty not exceeding 5?. ; and no deduction from the wages of any seaman (except in respect of any matter happening after such delivery) shall be allowed unless it is included in the account so delivered ; and the master shall during the voyage enter the various matters in respect of which such deductions are made, with the amounts of the respective deductions, as they occur, in a book to be kept for that purpose, and shall, if required, produce such book at the time of the payment of wages, and also upon the hearing before any competent authority of any complaint or question relating to such payments. Forfeiture of Wages. Besides being subject to the fines and forfeitures imposed by this Act "What conduct (see sec. 243, p. 213), the seaman may forfeit his wages by the maritime causes a forfeiture. (r) M'Kune r. Joynson, 5 C. B. N. S, 218, 158 FORPEIiyilE OF WAGES. § 171. Misconduct must be habitual. Master and officers. Mutiny. "Wreck. Contract to perform voyage for a fixed sum. law, by desertion (a), (and see under seo. 243, as to what constitutes ■ desertion) ; by habitual drunkenness and disobedience (V) ; by general neglect of duty, or by neglect followed by injurious consequences to the ship (c) ; and by misconduct that has rendered the discharge of the seaman imperatively necessary for the safety of the ship and the due preservation of discipline ((^), (see also seo. 239, p. 209, where such ofEences are made misdemeanors). But the whole of the wages will not be forfeited for a single act of drunkenness or neglect of duty (e). The misconduct must be habitual and gross (/). A greater degree of self-restraint is expected from the master and officers of the ship, and hence a lesser amount of misconduct on the part of an officer will work a, forfeiture of his wages than if he was a seaman (//). In the case of a mutiny of part of the crew, the other sailors are not discharged from their duty to the owners. They are bound if possible to recover the ship by using their best endeavours, whenever there is a reasonable prospect of success, but not to sacrifice their lives wantonly. Their conduct on such an occasion may involve a forfeiture of wages (/i). In cases of wreck, if the seaman does not exert himself to the utmost to save the ship, his claim to wages is barred (see sec. 183, p. 169). See under sec. 149, p. 137, as to the regulations for preserving discipline sanctioned by the Board of Trade. It is often very difficult to draw a distinction between a contract to perform a whole voyage for a fixed sum, and a contract to perform it for a series of terminal payments ; that is to say, the difficulty lies in ascer- taining whether the intention of the parties was that the right to the wages should be divisible or not. If it is divisible, the wages become a debt at the end of each period, but if not, nothing is due till the whole service is performed (i). Where a master was engaged to take charge of a vessel during a whole voyage, the pay to be " a fixed pay of 501. per month," and in the middle of the voyage he refused to proceed, Pol- lock, C. B., said that " per month " means " each month," or " monthly," and gives a cause of action as each month's wages accrues, which once vested is not subsequently divested by the plaintiff's abandonment of his contract (Zs). And where a mate agreed to serve at " 5Z. Ws. per calendar month for a succession of voyages, not expected to exceed twelve months," and was left behind by his own negligence, and was also drunk and abusive, it was held that his wages were vested and a debt at the end of each month's service, but subject perhaps to for- (al The Baltic Merchant, Edw. 86. (6) RoUnett v. The Exeter, 2 C. Rob. 264 ; The Lady Oamphell, 2 Hagg. (c) The Duchess of Kent, 1 W. Koh. 283. (d) The Blake, 1 W. Bob. 73. (c) The Malta, 2 Hagg. Ad. 168 ;i The Boehucic, 2 Asp. Mar. JiawCas. 387 (/) The NewPhcenix, 1 Hagg. Ad. 198-; The Atlantic, Lush. 566 • TM Gondolier, S Hagg. Ad. 191 ; The Sliip Mentm; i Mason (Amer. Rep.),' 84. [ff] RoUnet V. The Bxeter, 2 C. Rob. 261 ; The Lima, 3 Hagg. Ad '347 ■ Tlie Atlantic, 7 L. T. N. S, 647 ; Tlie CamiUa, Swa. 312 ; T/ie Olive 1 Sprague (Amer. Rep.), 9. ' {h) The Governor Raffles, 2 Dods. Ad. 18. (i) Cutter V. PoweU, 2 S. L. 0. (7th ed.) 1. (k) Taylor v. Laird, 1 H. & Ji. 266. CERTIFICATE OF DigCHA-RaE. J 59 feiture, The judges, however, disagreed, and Brett, J,, thought the 'Svfiole § § of the wages were forfeited {I). (See see. 252, p. 222.) 171-178 If a seaman has forfeited his wages, and after such forfeiture the master receives him back again, and allows him to worli like the others, "Waiver of for- thc forfeiture is waived (m), but if the ship is in distress, and the master feiture. calls upon a seaman who has forfeited his wages, to assist in rescuing the ship, this is no waiver, unless the master continues to employ the seaman after the peril is over («). By an Act of the reign of Charles II. (o), it is provided, that any Seaman who refuses to assist in the defence of the ship against pirates, or who discom-ages the other mariners, is to forfeit his wages. And by an Act of the reign of George I. (p), if this offence is committed on boajd a ship which carries guns, and the vessel falls into the hands of the pirate, the mariners ai'e liable in addition to the loss of wages to six months imprisonment. Whatever may be the faults of our sailors, the fear of pirates, or indeed of anything else, cannot be laid to their phaxge, p,nd hence these enactments have been practically a dead letter, Certificate of Discliarge. 172. Upon the discharge of any seamaii, or upon payment On discharge, of his wages, the master shall sign and give him a certificate glyf seamen of his discharge, in a form sanctioned by the Board of Trade, certificates of specifying the period of his service and the time and place of fetunTcertifi- his discharge ; and if any master fails to sign and give to any cates of com- such seaman such certificate of discharge he shall for each such ggrvice^to' offence incur a penalty not exceeding 10/. : and the master mates. shall also, upon the discharge of every certificated mate whose certificate of competency or service has been delivered to and retained by him, return such certificate, and shall in default incur a penalty not exceeding 20Z. 173. Every superintendent of a mercantile marine office Superinten- shall hear and decide any question whatever between a master canUle marine or owner, and any of his crew which both parties agree in office may de- writing to submit to him ; and every award so made by him ^hLh parties^ shall be binding on both parties, and shall in any legal pro- refer to him. ceeding which may be taken in the matter before any court of justice be deemed to be conclusive as to the rights of the par- ties ; and no such submission or award shall require a stamp ; and any document purporting to be such submission or award shall heprimd facie eyidence thereof, - r J (T) Button V. Thompson, L. R. 4 C. P, 330 ; and compare notes to Cutter v. PmiiM in 2 S. L. C. (7th ed.) 1. (to) Miller v. Brant, 2 Camp. 589 ; Kent's Commentaries (12th ed. 1873), III. 273, 199 * ; Cloutmcm r. Tunison, 1 Summer (Amer. Eep.), 375. (») Train v. Bennett, 3 C. & P. 3. (o) 22 & 23 Car. II. c. 11, s. 7. (p) 8 Geo. I. c. 24, s. 6 ; Maud an'd Pollock on Merchant Shipping, 156. 160 SETTLEMENT OF WAGES. 174, 175. Master and others to produce ship's papers to superinten- dents and give evidence. Settlement of wages. Eelease to be signed before and attested by superin- tendent. To be a dis- charge ; and to be evidence. No other re- ceipt to be a, discharge. 174. In any proceeding relating to the wages, claims, or dis- charge of any seaman carried on before any superintendent of a mercantile marine office under the provisions of this Act, such superintendent may call upon the owner or his agent, or upon the master or any mate or other member of the crew, to produce any log-books, papers, or other documents in their respective possession or power relating to any matter in ques- tion in such proceeding, and may call before him and examine any of such persons being then at or near the place on any such matter ; and every owner, agent, master, mate, or other member of the crew who when called upon by the super- intendent does not produce any such paper or document as aforesaid, if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable excuse for such default, for each such offence incur a penalty not ex- ceeding 51. 175. The following rules shall be observed with respect to the settlement of wages ; (that is to say,) (1.) Upon the completion before a superintendent of a mer- cantile marine office of any discharge and settlement, the master or owner, and each seaman shall respectively in the presence of the superintendent sign in a form sanctioned by the Board of Trade a mutual release of all claims in respect of the past voyage or engagement, and the superintendent shall also sign and attest it, and shall retain and transmit it as herein directed : (2.) Such release so signed and attested shall operate as a mutual discharge and settlement of all demands be- tween the parties thereto in respect of the past voyage or engagement : (3.) A copy of such release certified under the hand of such superintendent to be a true copy shall be given by him to any party thereto requiring the same ; and such copy shall be receivable in evidence upon any fature question touching such claims as aforesaid, and shall have all the effect fit the original of which it purports to be a copy : (4.) In cases in which discharge and settlement before a superintendent are hereby required, no payment, receipt, settlement, or dischai'ge otherwise made shall operate or be admitted as evidence of the release or satisfaction of any claim : REMITTANCE OF SEAMEN's WAGES. 161 (5.) Upon any payment being made by a master before a §§ superintendent, the superintendent shall,, if required, 175-177. sign and give to such master a statement of the whole Voucher to be amount so paid ; and such statement shall as between given to the master and his employer be received as evidence ije evidence. that he has made the payments therein mentioned. 176. Upon every discharge effected before a superintendent Master to of a mercantile marine oflBce, the master shall make and sign ^'^^amcto^ in a form sanctioned by the Board of Trade a report of the conduct, character, and qualifications of the persons discharged, or may state in a column to be left for that purpose in the said form that he declines to give any opinion upon such particulars or upon any of them ; and the superintendent shaU transmit the same to the Registrar- General of Shipping and Seamen, or to such other person as the Board of Trade directs, to be recorded, and shall, if desired so to do by any seaman, give to him or indorse on his certificate of discharge a copy of so much of such report as concerns him ; and every person who Falsification makes, assists in making, or procures to be made any false °f.i'5P°it ^ ' D7 J. J misdemeanor. certificate or report of the service, qualifications, conduct, or character of any seaman, knowing the same to be false,or who forges, assists in forging, or procures to be forged, or fraudu- lently alters, assists in fi-audulently altering, or procures to be fraudulently altered, any such certificate or report, or who fraudulently makes use of any certificate or report or of any copy of any certificate or report which is forged or altered or does not belong to him, shall for each such offence be deemed guilty of a misdemeanor. Remittance of Wages and Savings Bank for Seamen. 177. Facilities shall, if the Board of Trade so directs, be Facilities may given for remitting the wages and other monies of seamen and reimtting sea- apprentices to their relatives or other persons by means of men's wages. money orders issued by superintendents of mercantile marine offices, and the Board of Trade may make regulations con- cerning such orders, and the persons by or to whom, and the mode and time in and at wliich, the same are to be paid, and may from time to time repeal or alter any such regulations ; and all such regulations, so long as they are in force, shall be binding upon all persons interested or claiming to be in- • terested in such orders, as well as upon the officers employed in 162 SAVINGS BANKS FOE SEAMEN. 177-180. Power to pay when order is lost. Penalty for issuing money orders with, fraudulent intent. Savings hanks for seamen may be estab- lished. issuing or paying the same ; and no legal proceeding, shall be instituted against the Board of Trade, or against any superin- tendent of a mercantile marine office or other public officer employed about such orders, on account of any such regula- tions, or on account of any act done or left undone in pursuance thereof, or on account of any refusal, neglect, or omission to pay any such money order, unless such refusal, neglect, or omission arise from fraud or wilful misbehayiour on the part of the person against whom proceedings are instituted. 178. The Board of Trade may, in any case in which it thinks fit so to do, cause the amount of any such money order as aforesaid to be paid to the person to whom or in whose farour the same may hare been granted, or to his personal representa- tives, legatees, or next of kin, notwithstanding that such order may not be in his or their possession ; and in all such cases from and after such payment the Board of Trade and every superintendent of a mercantile marine office, or other officer of the Board of Trade, shall be freed from all liability in respect of such order. 179. Every superintendent of a mercantile marine office or other public officer who grants or issues any money order with a fraudulent intent, shall in England or Ireland be deemed guilty of felony, and in Scotland of a high crime and offence, and shall be liable to be kept in penal servitude for a term not exceeding ^«^e years. {See under sec. 208, j?. 183.) 180. The commissioners for the reduction of the national debt, or the comptroller general acting under ihem, may, on the application and recommendation of the Board of Trade, es- tablish savings banks at such ports and places withip the United Kingdom, either in the mercantile marine offices established iu such ports or elsewhere, as may appear to be expedient, and may appoint treasurers to receive from or on account of seamen, or the wives and families of seamen, desirous to become depositors in such savings banks, deposits to an amount not exceeding 150Z. in the whole in respect of any one account, under such regulations asmay be prescribed by the said commissioners or comptroller general ; a;nd such regulations shall be binding on all such treasurers and depositors ; and the said commissioners may remove such treasurers, and appoint others in their place ; and all the provisions of the Acts now in force relating to savings banks, except so far as relates to the annual amount seaman's savings bank act. 163 of deposit, shall apply to all savings banks which may be § 180. established under the authority of this Act, and to such trea- '~ surers and depositors as aforesaid. 18 & 19 Vict. c. 91, s. 17.— The enactment of the " Merchant Enactment- Shipping Act, 1854," relating to savings banks shall apply to concerning all seamen, and to their wives and families, whether such sea- s^^ii'gs banks men belong to the Koyal Navy or to the merchant service, or mn in the to any other sea service. , Navy. " The. Seaman's Savings Bank Act, 1856." ] 9 & 20 Vict. c. 41, s. 1.— The Board of Trade may establish in London a central savings bank for seamen, together with branch savings banks at such ports and places in the United Kingdom as they may think expedient, and they may receive !it such banks deposits from or on account of seamen, or the wives, widows, and children of seamen, so, however, that the aggregate amount of deposit standing at any one time in the name of any one depositor shall not exceed two hundred pounds. 19 & 20 Vict. c. 41, s. 2.— The Board of Trade may consti- tute any mercantile marine oflEice established under the " Mer- chant Shipping Act, 1854," a branch savings bank for the purposes of this Act, and may require any superintendent belonging to such ofiBce to act as agent of the said board in carrying this Act into effect, and his duties as such agent shall thereupon be deemed to be part of his duties within the mean- ing of the " Merchant Shipping Act, 1854." 19 & 20 Vict. c. 41, s. 3.- — -The commissioners for the reduc- tion of the national debt may from time to time, on the request of the Board of Trade signified by writing by one of the secre- taries or assistant secretaries of such board, receive from Her Majesty's Paymaster General the moneys received by the said board as deposits in savings banks established under this Act ; and may also from time to time, on the like request signified in Hke manner, repay to Her Majesty's Paymaster General to the account of the said board the moneys so received by them as aforesaid ; and the said commissioners shall invest all moneys so received by them as aforesaid in the same manner in which moneys received from trustees of savings banks are invested by them, and shall pay to Her Majesty's Paymaster General, to the account of the Board of Trade, interest upon the moneys so received by them as aforesaid so long as the same continue in their hands, at the same rate at which they pay interest for the time being upon the moneys received by them from the trustees of savings banks. 19 & 20 Vict. c. 41, s. 4. — The Board of Trade may make and from time to time alter such regulations as they may think M 2 Power to Board of Trade to establish savings banks for seamen. Power to con- stitute mer- cantile marine oiRces branch savings banks. Commission- ers for Re- duction of National Debt to receive deposits and pay interest. Board of Trade to make regu- 164 seaman's savings bank act. §180. latioBS for conduct of sayings tanks. Application of deposits of deceased de- positor. Punishment for forgeiy or for making false repre- sentations in order to obtain interest. Expenses of •Act how to be defrayed. Accounts and copy of regu- lations to be laid before Parliament. fit with respect to the persons entitled to become depositors, to the making and withdrawal of deposits, the amount of de- posits, the rate and payment of interest, the rights, claims, and obligations of depositors, and with respect to all other matters incidental to carrying this Act into execution ; and all regulations so made shall be binding on the parties interested in the subject matter thereof to the same extent as if such regulations formed part of this Act ; and no legal proceeding shall be instituted against the Board of Trade, or against any superintendent or other public officer employed on or about such savings banks, on account of any such regulations, or on account of any act done or left undone in pursuance thereof, or on account of any refusal, neglect, or omission to pay any deposit or interest thereon, unless such refusal, neglect, or omission arise from fraud or wilful misbehaviour on the part of the person against whom proceedings are instituted. 19 & 20 Vict. c. 41, s. 5.— All sums of money due from the Board of Trade to the estate of any deceased person entitled to any deposit in any savings bank established under this Act shall be paid and applied by such board to the same persons to whom and in the same manner and subject to the same condi- tions on and subject to which the money and effects of a deceased seaman are payable and applicable under the pro- visions of the " Merchant Shipping Act, 1854." 19 & 20 Vict. c. 41, s. 6. — Every person who, for the pur- pose of obtaining, either for himself or for another, any money deposited in any savings bank established under this Act, or any interest thereon, forges, assists in forging, or procures to be forged, or fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any document pur- porting to show or assist in showing a right to any such money or interest, and every person who for the purpose aforesaid makes use of any such forged or altered document as aforesaid, or who for the purpose aforesaid gives or makes, or procures to be given or made,, or assists in giving or making or procuring to be given or made, any false evidence or representation, knowing the same to be false, shall on conviction be punishable with penal servitude for a term not exceeding four years, or with imprisonment, with or without hard labour, for any period not exceeding two years, or, if summarily prosecuted and con- victed, by imprisonment, with or without hard labour, for any period not exceeding six months. 19 & 20 Vict. c. 41, s. 7.— The Board of Trade may, out of the interest paid by the commissioners for the reduction of the national debt on the moneys paid to them under this Act, pay any expenses incurred in carrying this Act into effect. 19 & 20 Vict. c. 41, s. 8. — An annual account of all deposits received and repaid by the Board of Trade under the authority of this Act, and of the interest thereon, shall be laid before LEGAL RIGHTS TO WAGES. 165 both Houses of Parliament ; and a copy of all regulations §§ made by this board under the authority of this Act shall like- IQO 181 wise be laid before both Houses of Parliament. ' 19 & 20 Vict c. 41, s. 9.— All criminal proceedings under Mode of this Act shall be carried on in the same manner as similar pro- criminal pro- ceedings under the " Merchant Shipping Act, 1854," and all ceeding. rules of law, practice, and evidence which are applicable to such last-mentioned proceedings shall be applicable to criminal proceedings under this Act. By the Seaman's Fund Winding-up Act, 1851, U k. 16 Vict. c. 101, the Seaman's superintendence of the -winding-up of this fund was given to the Board Fund Wind- of Trade. By sec. 21, no master or seaman who had not contributed to ing-up Act. the fund before 1851, is allowed to contribute to it, or claim any pension or relief from it. Legal Rights to Wages. 181. A seaman's right to wages and provisions shall be taken Right to wages to commence either at the time at which he commences work, ^"J^ provisions or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens. when to begin. This means, that if the sailor goes on board, and commences work before the time that he agreed to commence, his right to wages dates' from such actual commencement of work. Wages. When there is no question as to the amount, payment is to be made as provided for in sec. 170, and in case of disputes, both parties may sub- mit to have the question decided by the superintendent of a mercantile marine office (see sec. 173, p. 159). Where the whole voyage is performed in the ordinary course, and the seaman has done his duty, it is needless to say that the full amount of the wages agreed upon must be paid. And if a seaman has been pre- vented from doing his duty, either by natural sickness, or from some hurt received in the performance of his duties during the voyage, he is entitled to the whole of his wages (a), unless the sickness is proved to be owing to his own neglect (b). And if a seaman refuses to work, but can prove that his refusal was caused by great misconduct on the part of the master (e), such as the ■ provisions being through default of the master unreasonably insufficient or bad, he can still claim the whole of his wages (d). When the vessel is detained abroad, by some foreign power laying an (») Abbott on Shipping (11th ed.), 480; Chcmdler y. Orieves, 2 H. BI, 606, n. (6) 30 & 31 Vict. o. 124, s. 8. See under s. 228, p. 201. (c) Train v. Bennett, 3 C, & P. 3. {d) The Castitia, 1 Hagg. Ad. 59 ; The Miza, 1 Hagg. Ad. 186. When there is no question as to amount. "When the whole of the wages are due. Sickness. Short pro- visions. Interruption of voyage by embargo, &c. 166 LEGAL RIGHTS TO WAGES. §181. Limitation of suits. Ship sold duringvoyage. embargo on her(e), or if she should be captured and then recaptured (/), or stranded {g), the seamen are entitled to wages during such interrup- tion, unless they had agreed to perform the whole voyage for a fixed sum (A). Every payment of wages to a seaman is valid, notwithstanding any previous sale or assignment of such wages, or of any attachment or incumbrance on them (see sec. 233, p. 206). Suits for wages in the Ad- miralty Court must be brought within six years, or they are barred by i Anne, c. 16. WJien part of the Wages cure dtie. It often happens that a, seaman is prevented from performing the whole of the service agreed upon, and this may arise either from his own acts, or without his default. When non-performance is not dme to the seaman. If a ship is sold in this country while she is on a voyage, the contract between the seamen and the original owner is at an end. If the seaman agreed for wages to be paid from time to time as the voyage proceeded, he is entitled to the amount due at the time when he first heard of the sale, or to the time when he first could leave the ship after hearing of the sale. But the original owner is not discharged from his obligations under the articles, if the seaman sustain damage. by the change of owner- ship of the vessel (i). Wreck or loss. The contract of a sailor is also terminated by the wreck or loss of the ship, and when this occurs, he is entitled to wages for the time of service prior to such termination (see sec. 185, p. 170). But his claim to wages ' is barred if it is proved that he did not exert himself to the utmost to save the ship and cargo (see sec. 183, p. 169). If the ship is seized, for illegal trading, the sailors have a right to their wages up to the time of the seizure, provided they are in no way concerned in the illegal trading (h). And if the voyage becomes illegal by reason of war breaking out, no further wages can be claimed for continuing it (I). But no wages at all can be claimed if the whole voyage is illegal, it being a tiirpis contractus to agree to perform such a service {m): The abandonment of the voyage may dissolve the seaman's con- tract (»). And if it is abandoned, or the seaman is dismissed before it commences, or before he has earned a month's wages, he will be entitled (e) Ddamainer v. Winteringham, i Camp. 186 ; Pratt v. 011^, 4 East, 43u. ; ThortVpson v. Beale, 1 Dow. 299. (/) Bergstrom v. Mills, 3 Esp. 36 ; Brown v. Lull, 2 Sumner (Amer. Hep.), 442. [g] Forsboom v. Krugar, 3 Camp. 197. (A) Kay on Shipmasters, &c. I. 631 ; Cutter v. Powell, 2 S. L. C. (7th ed.), 1. H) liabins v. Power, 4 C. B. N. S. 787 ; 27 L. J. C. P. 257 ; Maclaohlan on Shipping (2nd ed.), 221 ; The Mwry, 1 Paine (Amer. Eep.), 180. {h) The Malta, 2Hagg. Ad. 168 ; TAe St. JagodaOuha, 9 Wheat. (Amer. Kep.), 409 (I) The Saratoga, 2 Gall. (Amer. Rep.), 178. (m) The Vanguard, 6 C. Rob. 207 ; The Langdon Cheves, 2 Mason (Amer. Rep. ), 68. (») The Warrior, Lush. 476 ; Oamphell v. Steamer Uncle Sam, 1 M'AU, C. C. (Amer. Rep.), 77. Illegal-trading and voyages. Abandonment of voyage. LEGAL RIGHTS TO WAGES. 167 to compensation, In addition to the wages he may have earned un to S8 that time («). ^ P 181 182 If a seaman falls ill during a voyage, unless this is brought about by ' his own default, he is entitled to be cured at the owner's expense, and Illness, is not liable to any deductions from his wages (see sec. 228, p. 201). If wrongfully dismissed during the voyage, he is entitled to the full Death of sea- amount of wages, deducting what he may earn on some other ship man. during the rest of the voyage (jj). The death of a seaman during a voyage of cfturse dissolves the contract of service, and the amount of wages due in such case appears never to have been decided in this country {q). But unless the agreement is for a fixed sum for the whole voyage, it seems most probable that the amount due is that earned up to the time of death (r). As to the mode of dealing with the wages and effects of deceased seamen, see sees. 194 to 202, p. 175 et seq. When the noti-performance is dve to the seaman. This may be justifiable, or the result of misconduct on the part of the seaman. If during a voyage a seaman quits the ship, because the ship is sold (ts), because the original voyage is deviated from (t), for the pur- pose of entering the royal navy (see sec. 214, p. 192), or if left behind with a certificate under sec. 205, such conduct is justifiable, and he is entitled to his wages up to the time he leaves the ship. A seaman's wages are liable to be diminished if he has represented himself as being different or superior to what he really is, either in skill or health {u) ; and on the other hand, if a post superior to his own is vacated during the voyage, and he in due course occupies it, and properly discharges the duties attached to it, he is entitled to the higher rate of wages (x). The amount due at the end of the voyage is diminished by the fines inflicted under this Act, and recorded in the ofiicial log book (see sees. 243, 244, p. 213, and as to forfeiture of wages, see sec. 171, p. 157). But if the sailor agrees to perform a certain voyage for a fixed sum, it would seem that the whole voyage must be performed before any part of the sum is due (y). A sailor's debts exceeding 5s., incurred after he has engaged to serve, are not recoverable untU the ser- vice agreed for is concluded (see sec. 234, p. 207). 182. No seaman shall by any agreement forfeit his lien Seamen not upon the ship, or be deprived of any remedy for the recovery certain rights. Justifiable non-perform- ance. Mis-represen- tation of capacity. Fines. Indivisible contract. Seamen's debts. (o) See s. 177, p. 161; The City of London, 1 W. Koh. 92. (p) BoUnet v. The Exeter, 2 C. Kob. Ad. 261 ; The Mlizaieth, 2 Dods. Ad. 405. (q) Maclachlan on Shipping (2nd ed.), 220. The American decisions are conflicting on this point, see Walton v. The Neptune, 1 Pet. Ad. (Amer. Eep. ), 142 ; Jackson v. Sims, 1 Pet. Ad. (Amer. Rep.), 157. (r) Cutter V. Powell, 2 S. L. C. (7th ed.),l, and cases there collected. (s) Mohims v. Power, 4 C. B. N. S. 787 ; 27 L. J. C. P. 257. i.t) The Cambridge, 2 Hagg. Ad._ 243. (u) The Beaver, 3 ('. Kob. 92*; Atkins v. Burrows, 1 Pet. Ad. (Amer. Eep.), 247 ; The Orgzimbo, ibid. 250. (a;) The Providence, 1 Hagg. Ad. 391 ; Hanson v. Royden, L. R. 3 C. P. 47 : 3 Mar. Law Cas. 8. (y) Cutter v. Powdl, 6 T. E. 320 ; 2 S. L. C. (7th ed.) 1, and cases there cited ; Robins v. Power, 4 C. B. N. S. 787 ; Maclachlan on Shipping (2nd ed.), 226. 168 SALVAGE AGREEMENTS. § 182. of his wages to which he would otherwise have been entitled ; and every stipulation in any agreement inconsistent with any provision of this Act, and every stipulation by which any sea- man consents to abandon his right to wages in the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative. This section only prevents masters and seamen from making such contracts, or such stipulations as are expressly stated to be Toid(2). They may make any other agreements they please, provided they are not inequitable. An American seaman who had frequently asked for his wages, but had failed to get them, at length, being in distress, signed a release, accepting one third of the proper amount. This agree- ment was set aside by the American Court, as being a nvdum paotiim[a). See sec. 149, p. 130, as to what particulars agreements with seamen should contain. Agreements to serve in fishing vessels employed on the coasts of the United Kingdom are exempt from this section (see Ibid.). Construction of sect. 182 of principal Act. Stipulations concerning salvage. 25 & 26 Yict. c. 63, s. 18.— It is hereby declared that the 182nd section of the principal Act does not apply to the case of any stipulation made by the seamen belonging to any ship, which according to the terms of the agreement is to be em- ployed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by such ship to any other ship or ships. Burden of proof. Inequitable agreement will be set aside. Lieu for salvage must be expressly renounced. Such an agreement need not be in writing, but it falls upon those who dispute the seamen's claim to salvage, to show that there was an agree- ment that the vessel was to be employed on salvage service, and also that a stipulation was made that the searaen should waive their right to salvage money (J). This section of the Merchant Shipping Act, 1862, has had the effect of making the kind of agreements it provides for not invalid, thus placing them on the same footing on which they stood before there was any legislation on the subject. But the discretion of the Court of Admiralty is not thereby fettered, and if the agreement appears in- equitable, it will not be upheld (c). It is not meant by this that every crew engaged expressly to perform salvage services shall thereby re- nounce their right to salvage remuneration ; the question is, whether they entered knowingly and willingly, with their eyes open, into a stipulation to give up and abandon altogether, all claim to salvage remuneration ; for seamen must be aware of what stipulations they enter, into {d). As to salvage generally, see sec. 458, p. 379 et seg[. (s) Bviton V. Thompson, L. R. 4 C. P. 340. (a) Savin v. The Juno, 1 Woods (Amer. Hep. ), 300. (6) The Pride of Canada, Br. & L. 208 ; 1 Mar. Law Cas. 406. (c) The Ganges, L. R. 2 A. & E. 370; 3 Mar, Law Cas. 342. (i) The Pride of Canada, 1 Mar. Law Cas. 406. RIGHT TO WAGES. 169 183-184. Tlw Seaman's lien for Wages. Seamen have -a. threefold remedy for theii' wages : they may proceed against the ship, the owners, and the master (e). By the general Mari-- time Law, the ship is the primary security to the mariner (/ ), and his lieu extends over the whole ship, so that if a, part is separated by a T^ree reme- storm, and is afterwards recovered, it is still subject to the seaman's dies for wages. lien {g), which continues as long as a plank remains (h). When the ship is wholly lost, bnt insured, the sailor can claim his wages out of the insurance money (i). This lien extends to the freight (k). A seaman or master, by proceeding at law for his wages, does not preclude himself from enforcing his claim in rem. Even if he has obtained a judgment, which proves fruitless through the owner's bankruptcy, he may still sue the ship (I). See Part IX., p. 417, as to Maritime liens generally. 183. No right to wages shall be dependent on the earning Wages not to of freight ; and every seaman and apprentice who would be ^® dependent J.-L-I Til 11 ■„ ■. on the earning entitled to demand and recover any wages if the ship m which of freight. he has served had earned freight, shall, subject to aU other roles of law and conditions applicable to the case, be entitled to claim and recover the same, notwithstanding that freight has not been earned ; but in all cases of wreck or loss of the ship, proof that he has not exerted himself to the utmost to save the ship, cargo, and stores, shall bar his claim. This section abolished the old rule that "freight is the mother of wages." Before this enactment, unless freight was earned, the sailor could claim no wages at all, although the Courts strained their powers to the utmost to prevent such injustice (II), 184. If any seaman or apprentice to whom wages are due In case of under the last preceding enactment dies before the same are death, such WSffGS to OG paid, they shall be paid and applied in the manner hereinafter paid as after specified with regard to the wages of seamen who die during *^entioned. a voyage. See sec. 194, p. 175 et aeq, as to seamen dying on a voyage. (e) Abbott on Shipping (5th ed.), 475. (/) The Golubchich, 1 W. Eob. 143. ' (g) The Neptune, 1 Hagg. 238. (A) The Madonna d'Mra, 1 Dods. Ad. 40 ; The Dawn, Davies (Amer. Rep.), 121. (i) Jn re Dawson, 17 L. T. 100 (Bkcy. Court). (i) The Mary Ann, 9 Jur. 94 ; Poland v. The Spartam, Ware (Amer. Eep.), 134. (l) Williams and Bruce, Admiralty Practice, 177; The Bengal, Swa. 468 Nelson v. Oouch, 33 L. J. C. P. 46 ; The Sylph, L. E. 2 A. & E. 24. {II) The Minerva, 1 Hagg. Ad. 347 ; The Juliana, 2 Dods. Ad. 504. 170 RIGHT TO WAGES. §§ 185-187. KigMs to wages in case of termination of service by wreck or ill- ness. Wages not to accrue during refusal to work or imprison- ment. Period jritMn which wages are to be paid. 185. In cases where the service of any seaman terminates before the period contemplated in the agreement by reason of the wreck or loss of the ship, and also in cases where such service terminates before such period as aforesaid, by reason of his being left on shore at any place abroad under a certificate of his unfitness or inability to proceed on the voyage granted as hereinafter mentioned, such seaman shall be entitled to wages for the time of service prior to such termination as aforesaid, but not for any further period, But his claim is barred if he has not exerted himself to the utmost to save the ship and cargo (see sec. 183, p. 169). The loss of the ship would seem to include the case of capture (to). (See sec. 181, p. 165, as to what wages are due in case of wreck or loss.) With respect to leaving seamen abroad, and the certificates to be given in such case, see sec. 205, p. 183. 186. No seaman or apprentice shall be entitled to wages for any period during which he unlawfully refuses or neglects to work when required, whether before or after the time fixed by the agreement for his beginning work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him. 187. The master or owner of every ship shall pay to every seaman his wages within the respective periods following ; (that is to say,) in the case of a home trade ship within two days after the termination of the agreement or at the time when such seaman is discharged, whichever first happens ; and in the case of all other ships (except ships employed in the southern whale fishery or on other voyages for which seamen by the terms of their agreement are wholly compensated by shares in the profits of the adventure) within three days after the cargo has been delivered, or within five days after the seaman's discharge, whichever first happens ; and in all cases the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one-fourth part of the balance due to him ;. and every master or owner who neglects or refuses to make payment in manner aforesaid, without sufiBcient cause, shall pay to the seaman a sum not exceeding the amount of two days' pay for each of the days, not exceeding ten days, during which payment is delayed beyond the respec- (m) Kay on Shipmasters, &c,, i. 637 ; Maclachlan on Shipping (2nd ed.) 222. MODE OF RECOVERING WAGES. 171 tive periods aforesaid, and such sum shall be recoverable as §§ wages. 187-189. If there is a dispute as to the amount of the wages, the owner will be exempt from the penalty if he offers what he considers the pioper sum due, even though the seaman refuses to accept such ofEer («). As to the master's right to ten days' double pay if his own wages are not paid, see sec. 191, p. 172. As to the settlement of disputes respecting wages, see sec. 173, p. 159. When seamen engaged in the south whale fishery, stipulate for a Share in profits share in the profit of the Toyage or adventure, no partnership is thereby "^ voyage, created, and the share they obtain is a reward in the nature of wages, and is governed by the same roles (o). Mode of Recovering Wages. 188. Any seaman or apprentice, or any person duly authorised Seamen may T. ■ . T. ij. . T_ „ , sue for wages on his behalf, may sue m a summary manner before any two ^ ^ summary justices of the peace acting in or near to the place at which the manner, service has terminated, or at which the seaman or apprentice has been discharged, or at which any person upon whom the claim is made is or resides, or in Scotland either before any such justices or before the sheriff of the county within which any such place is situated, for any amount of wages due to such seaman or apprentice not exceeding hOl. over and above the costs of any proceeding for the recovery thereof, so soon as the same becomes payable ; and every order made by such justices or sheriff in the matter shall be final. 189. No suit or proceeding for the recovery of wages under Restrictions the sum of 50Z. shall be instituted by or on behalf of any sea- "^rc^/v.*!,^ man or apprentice in any court of admiralty or vice-admiralty, perior courts. or in the Court of Session in Scotland, or in any superior court of record in Her Majesty's dominions, unless the owner of the ship is adjudged bankrupt or declared insolvent, or unless the ship is under arrest or is sold by the authority of any such court as aforesaid, or unless any justices acting under the authority of this Act refer the case to be adjudged by such court, or unless neither the owner nor master is or resides within twenty miles of the place the seaman or apprentice is discharged or put ashore. This section also applies to masters (p), but a master must furnish his Masters in- ' : . . eluded. (m) Fraur t. Button, 2 0. B. N. S. 512. (o) Perrott v. Bryant, 2 Y. & C. 61 ; Mavr v. Oknnie, 4 M. & g. 240 ; The Frederick, 5 C. Rob. 8 ; GoffiriT. Jenkins, 3 Story (Amer. Rep.), 119. (p) The BlaJceney, Swa. 428, and see s. 181, p. 172. 172 MASTERS RIGHT TO WAGES. 189-191. Admiralty Court. County Courts. Sum claimed. accounts before bringing his suit, otherwise costs will not be allowed him ( are on board, shall take charge of all money, clothes, and effects which he and enter the leaves on board, and shall, if he thinks fit, cause all or any of ^^™® ^^^ . ■' wages due m the said clothes and effects to be sold by auction at the mast the official log. or other public auction, and shall thereupon sign an entry in the official log book containing the following particulars ; (that is to say,) (1.) A statement of the amoujit of the money and a descrip- tion of the effects so left by the deceased : 176 WAGES AND EFFECTS OF DECEASED SEAMEN. 194, 195. Snot effects and wages to be paid either to consul or to superin- tendent, with full accounts. If ship touches at a foreign port, master shall deliver up wages and effects, unless not required to do so. (2.) In case of a sale, a description of each article sold, and the sum receiyed for each : (3.) A statement of the sum due to the deceased as wages, and the total amount of the deductions (if any) to be made therefrom : And shall cause such entry to be attested by a mate and by one of the crew. 195. In the cases provided for by the last preceding section, the following rules shall be observed ; (that is to say,) (1.) If the ship proceeds at once to any port in the United Kingdom without touching on the way at any foreign port, the master shall within forty-eight hours after his arrival deliver any such effects as aforesaid remaining unsold, and pay any money which he has taken charge of or received from such sale as aforesaid, and also the balance of wages due to the deceased, to the superin- tendent of the mercantile marine oflBce at the port of destiiiation in the United Kingdom : (2.) If the ship touches and remains for forty-eight hours at some foreign port or at some port in Her Majesty's dominions abroad before . coming to any port in the United Kingdom, the miaster shall report the case to the British consular officer or officer of customs there, as the case may be, and shall give to such officer any information he requires as to the destination of the ship and probable length of the voyage; and such officer may thereupon, if he considers it expedient so to do, require the said effects, money, and wages to be delivered and paid to him, and shall upon such delivery and payment give to the master a receipt, and the master shall within forty-eigbt hours after his arrival at his port of destination in the United Kingdom pro- duce the same to the superintendent of the mercantile marine office there ; and such consular officer or officer of customs shall in such case indorse and certify upon the agreement with the crew such particulars with respect to such delivery and payment as the Board of Trade requires : (3.) If such officer as aforesaid does not require such pay- ment and delivery to be made to him, the master shall take charge of the said effects, money, and wages, and WAGES, &C., OP DECBASEU SEAMEN. 177 shall within forty-eight hours after his arrival at his §§ port of destination in the United Kingdom deliver and 195, 196. pay the same to the superintendent of the mercantile marine office there : (4.) The master shall in all cases in which any seaman or Account of apprentice dies during the progress of a voyage or ^^S^.^'^ ^'l-' *° engagement give to the Board of Trade, or to such Board of officer or superintendent as aforesaid, an account in '^^^'^'^• such form as they respectively require of the effects, money, and wages so to be delivered and paid ; and no deductions claimed in such account shall be allowed unless verified, if there is any official log book, by such entry therein as hereinbefore required, and also by such other vouchers (if any) as may be reasonably required by the Board of Trade, or by the officer or superin- tendent to whom the account is rendered : (5.) Upon due compliance with such of the provisions of this Certificate, section as relate to acts to be done at the port of destination in the United Kingdom, the superintendent shall grant to the master a certificate to that effect, and no officer of customs shall clear inwards any foreign- going ship without the production of such certificate. 196. If any master fails to take such charge of the money Penalties for or other effects of a seaman or apprentice dying during a not taking voyage, or to make such entries in respect thereof, or to pro- mittTng, or cure such attestation to such entries, or to make such payment accounting for '■ ■' such monies or delivery of any money, wages, or effects of any seaman or and effects. apprentice dying during a voyage, or to give such account in respect thereof as hereinbefore respectively directed, he shall be accountable for the money, wages, and effects of the seaman or apprentice to the Board of Trade, and shall pay and deliver the same accordingly ; and such master shall in addition for every such offence incur a penalty not exceeding treble the value of the money or effects not accounted for, or if such value is not ascertained, not exceeding 50^. ; and if any such money, wages, or effects are not duly paid, delivered or accounted for by the master, the owner of the ship shall pay, deliver, and account for the same, and such money and wages and the value of such effects shall be recoverable from him accordingly ; and if he fails to account for and pay the same, he shall, in addition to his liability for the said money and 178 WAGES, &C., OF DECEASED SEAMEN. 196, 197. Officers of customs and consuls to take charge of effects left by seamen abroad, and to remit the same and their wages to Board of Trade. "Wages and effects of de- Recovery of wages, &c. of seamen lost with their ship. Ship not heard of for twelve months deemed lost. yalue, incur the same penalty which is hereinbefore mentioned as incnrred by the master for the like offence j and all money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the same courts and by the same modes of proceeding by which seamen are hereby enabled to recover wages due to them. 197. If any such seaman or apprentice as last aforesaid dies abroad at any place either in or out of Her Majesty's dominions leaving any money or effects not on board his ship, the chief officer of customs or the British consular officer at or nearest to the place, as the case may be, shall claim and take charge of such money and effects ; and such officer shall, if he thinks fit, sell all or any of such effects, or any effects of any deceased seaman or apprentice delivered to him under the provisions hereinbefore contained, and every such officer shall, quarterly or at such other times as the Board of Trade directs, remit to Her Majesty's Paymaster General all moneys belonging to or arising from the sale of the effects of or paid as the wages of any deceased seamen or apprentices which have come to his hands under the provisions hereinbefore contained, and shall render such accounts in respect thereof as the Board of Trade requires, 25 & 26 Vict. e. 63, s. 20.— The 197th section of the Principal Act shall extend to seamen or apprentices who within the sis months immediately preceding their death have belonged to a British ship; and such section shall be con- strued as if there were inserted in the first line thereof, after the words " such seaman or apprentice as last aforesaid," the words " or if any seaman or apprentice who has within the six months immediately preceding his death belonged to a British ship." 25 & 26 Vict. c. 63,. s. 21.— The wages of seamen or apprentices who are lost with the ship to which they belong shall be dealt with as follows ; (that is to say,) (1.) The Board of Trade may recover the same from the owner of the ship in the same manner in which sea- men's wages are recoverable ; (2.) In any proceedings for the recovery of such wages, if it is shown by some official return produced out of the custody of the Eegistrar General of Shipping and Sea- men, or by other evidence that the ship has twelve months or upwards before the institution of the pro- ceeding left a port of departure, and if it is not shown that she has been heard of within twelve months after WAGES, &C., OF DECEASED SEAMEN. 179 such departure, she shall be deemed to hayo been lost § § with all hands on board, either immediately after the 197-199. time she was last heard of, or at such later time as the Court hearing the case may think probable : (3.) The production out of the custody of the Eegistrar List of crew General of Shipping and Seamen or of the Board of evidence. Trade of any duplicate agreement or list of the crew made out at the time of the last departure of the ship from the United Kingdom, or of a certificate pur- porting to be a certificate from a consular or other public oflScer at any port or road, stating that certain seamen or apprentices were shipped in the ship from the said port, shall, in the absence of proof to the contrary, be sufficient proof that the seamen or apprentices therein named were on board at the time of the loss : (4.) The Board of Ti-ade shall deal with such wages in the How wages manner in which they deal with the wages of other ^°.}f ^'^^^'^ deceased seamen and apprentices under the Principal ^^^ " Act. 198. Whenever any seaman or apprentice dies in the United "Wages and Kingdom, and is at the time of his death entitled to claim effects of sea- „,, , „ ,..,.,,, ^ men dying at irom ttie master or owner of any ship in which he has served home to be any unpaid wages or effects, such master or owner shall pay P^"^ ^^ certain and deliver or account for the same to the superintendent of a of Trade, mercantile marine office at the port where the seaman or ap- prentice was discharged or was to have been discharged, or to the Board of Trade, or as it directs. 199. If the money and effects of any deceased seaman or If less than apprentice paid, delivered, or remitted to the Board of Trade ^qS^^^^^'IP^ or its agents, including the monies received for any part of the deceased sea- said effects which have been sold either before delivery to the ™^^ ™^^y ^° Board of Trade or by its direction, do not exceed in value the without pro- sum of 50Z., then, subject to the provisions hereinafter con- ^^*„i°t'j.ation tained, and to all such deductions for expenses incurred in to tKe persons respect of the seaman or apprentice or of his said money and e''™^'^- effects as the said board thinks proper to allow, the said board may, if it thinks fit so to do, pay and deliver the said money and effects either to any claimants who can prove themselves to the satisfaction of the said board either to be his widow or children, or to be entitled to the effects of the deceased under his will (if any), or under the statutes for the distribution of the effects of intestates, or under any other statute, or at common law> or to be entitled to procure probate or take out N 2 180 seamen's wills. § § letters of administration or confirmation, although no probate 199, 200. or letters of administration or confirmation hare been taken out, and shall be thereby discharged from all further liability in respect of the money and effects so paid and delivered, or may, if he thinks fit so to do, require probate or letters of administration or confirmation to be taken out, and thereupon pay and deliver the said money and effects to the legal personal representatives of the deceased ; and all claimants to whom such money or effects are so paid or delivered shall apply the same in due course of administration ; and if such money and effects exceed in value the sum of 501., then, subject to the provisions hereinafter contained and to deduction for expenses, the Board of Trade shall pay and deliver the same to the legal personal representatives of the deceased. Mode of pay- ment under wills made by seamen. Board may refuse pay- ment if will is not in writing. If will is not made on board ship. If claim is rejected. Seamen's Wills. 200. In cases where the deceased seaman or apprentice has left a will, the Board of Trade shall have the following powers ; (that is to say,) (1.) It may in its discretion refuse to pay or deliver any such wages or effects as aforesaid to any person claim- ing to be entitled thereto under a will made on board ship unless such will is in writing, and is signed or acknowledged by the testator in the presence of the master or first or only mate of the ship, and is attested by such master or mate : (2.) It may in its discretion refuse to pay or deliver any such wages or effects as aforesaid to any person not being related to the testator by blood or marriage who claims to be entitled thereto under a will made else- where than on board ship, unless such will is in writing, and is signed or acknowledged by the testator in the presence of two witnesses, one of whom is some super- intendent of a mercantile marine oflBce appointed under this Act, or some minister or ofSciating minister or curate of the place in which the same is made, or, in a place where there are no such persons, some justice of the peace, or some British consular officer, or some officer of customs, and is attested by such witnesses : Whenever any claim made under a will is rejected by the CREDITOES OF DECEASED SEAMEN. 181 Board of Trade on account of the said will not being made and § § attested as hereinbefore required, the wages and effects of the 200, 201. deceased shall be dealt with as if no will had been made. Creditors of Deceased Seamen, 201. The following rules shall be observed with respect to Provision for creditors of deceased seamen and apprentices ; (that is to P^Jt'clSmf bv say,) creditors, and (1.) No such; creditor shall be entitled to claim from the f°^uduTenf "^ Board of Trade the wages or effects of any such seaman claims. or apprentice or any part thereof by yirtue of letters of administration taken out by him, or by virtue of confir- mation in Scotland as executor creditor : (2.) No such creditor shall be entitled by any means what- Three years' ever to payment of his debt out of such wages and "™it^ti°"- effects, if the debt accrued more than three years before the death of the deceased, or if the demand is not made within two years after such death : (3.) Subject as aforesaid, the steps to be taken for procuring Account of payment of such debt shall be as follows (that is to say) : writiS-. every person making a demand as creditor shall deliver to the Board of Trade an account in writing in such form as it requires, subscribed with his name, stating the particulars of his demand and the place of his abode, and verified by his declaration made before a justice : (4.) If before such demand is made any claim to the wages Notice of and effects of the deceased made by any person inte- °^^^ claims rested therein, as his widow or child, or under a will or under the statutes for the distribution of the effects of intestates, or under any other statute, or at common law, has been allowed, the Board of Trade shall give notice to the creditor of the allowance of such person's claim, and the creditor shall thereupon have the same rights and remedies against such person as if he or she had received the said wages and effects as the legal personal representative of the deceased : (5.) If no claim by any such person has been allowed, the Proofs of Board of Trade shall proceed to investigate the creditor's ''^^™- account, and may for that purpose require him to prove the same, and to produce all books, accounts, vouchers, 182 UNCLAIMED WAGES OF DECEASED SEAMEN. 201-203. Delay of one year in in- vestigation of claim if neces- sary. Mode of deal- ing witli un- claimed wages of deceased Punishment for forgery and and papers relating thereto ; and if by such means the creditor duly satisfies the Board of Trade of the justice of the demand, either in the whole or in part, the same shall be allowed and paid accordingly, so far as the assets in the hands of the Board of Trade will extend for that purpose, and such payment shall discharge the Board of Trade from all farther liability in respect of the money so paid ; but if such board is not so satisfied, or if such books, accounts, vouchers, or papers as afore- said are not produced, and no sufficient reason is assigned for not producing them, the demand shall be disallowed : (6.) In any case whatever the Board of Trade may delay the investigation of any demand made by a creditor for the payment of his debt for one year from the time of the first delivery of the demand ; and if in the course of that time a claim to the wages and effects of the deceased is made and substantiated as hereinbefore re- quired by any person interested therein as a widow or child, or under a will, or under the statutes for the distribution of the effects of intestates, or under any other statute, or at common law, the Board of Trade may pay and deliver the same to such person ; and thereupon the creditor shall have the same rights and remedies against such person as if he or she had re- ceived the same as the legal representative of the deceased. 202. In cases of wages or effects of deceased seamen or apprentices received by the Board of Trade to which no claim is substantiated within six years after the receipt thereof by such board, it shall be in the absolute discretion of such board, if any subsequent claim is made, either to allow or to refuse the same ; and, subject to the provision hereinafter contained, the Board of Trade shall from time to time pay any monies arising from the unclaimed wages and effects of deceased sea- men, which in the opinion of such board it, is not necessary to retain for the purpose of satisfying claims, into the receipt of Her Majesty's Exchequer in such manner as the Treasury directs, and such monies shall be carried to and form part of the Consolidated Fund of the United Kingdom. 203. Every person who, for the purpose of obtaining, either sentations m order to obtain EFFECTS OF DISCHARGED SEAMEN. 183 for himself or for another, any money or effects of any deceased § § seaman or apprentice, forges, assists in forging, or procures to 203-205. be forged, or fraudulently alters, assists in fraudulently alter- ing, or procures to be fraudulently altered, any document false repre- purporting to show or assist in showing a right to such wages or effects, and every person who for the purpose aforesaid wages'and makes use of any such forged or altered document as aforesaid, P'opi^rty of 1. - , , „ . 1 . deceased sea- or who tor the purpose aforesaid gives or makes, or procures to men. be given or made, any false evidence or representation, know- ing the same to be false, shall be punishable with penal servi- tude for a term not exceeding^ye years, or with imprisonment with or without hard labour for any period not exceeding two years, or if summarily prosecuted and convicted, by imprison- ment, with or without hard labour, for any period not exceeding six months. The term of penal servitude was originally four years, but now, by 27 & 28 Vict. c. 47, s. 2, no one can be committed to penal servitude for less than five years. 204. In the case of seamen invalided or discharged from any Effects of sea- of Her Majesty's ships, and sent home in merchant ships, any ^'^"■^ '^'^" monies or effects belonging to them which are paid, remitted, navy to be or delivered to the Board of Trade, or its agents, under the liisposed of by provisions hereinbefore contained, Shall be paid over and dis- General of posed of in such manner as the Accountant-General of Her Navy. Majesty's navy directs. Leaving Seamen Abroad. 205. Whenever any British ship is transferred or disposed of On discharge at any place out of Her Majesty's dominions, and any seaman or "^i!^''',"?^, j apprentice belonging thereto does not in the presence of some of ship' or British consular officer, or, if there is no such consular officer ottie™ise, eer- there, in the presence of one or more respectable British mer- discharge to chants residing at the place, and not interested in the said ship, ^^ S'-^<'^> and or' r' seamen to be signify his consent in writing to complete the voyage if con- sent home at tinned, and whenever the service of any seaman or apprentice ^'^P^°se of belonging to any British ship terminates at any place out of Her Majesty's dominions, the master shall give to each such seaman or apprentice a certificate of discharge in the form sanctioned by the Board of Trade as aforesaid, and in the case of any certificated mate whose certificate he has retained shall 184 LEAVING SEAMEN ABROAD. § 205. return such certificate to him, and shall also, besides paying the wages to which such seaman or apprentice is entitled, either provide him with adequate employment on board some other British ship bound to the port in Her Majesty's do- minions at which he was originally shipped, or to such other port in the United Kingdom as is agreed upon by him, or furnish the means of sending him back to such pott, or pro- vide him with a passage home, or deposit with such consular ofiicer, or such merchant or merchants as aforesaid, such a sum of money as is by such officer or merchants deemed sufficient to defray the expenses of his subsistence and passage home ; and such consular officer or merchants shall indorse upon the agreement of the ship which the seaman or apprentice is leaving the particulars of such payment, provision, or deposit ; and if the master refuses or neglects to comply with the re- quirements of this section such expenses as last aforesaid, if defrayed by such consular officer or by any other person, shall, unless such seaman or apprentice has been guilty of barratry, be a charge upon the ship to which such seaman or apprentice belonged and upon the owner for the time being thereof, and may be recovered against such owners, with costs, at the suit of the consular officer or other person defraying such expenses, or, in case the same has been allowed to the consular officer out of the public monies, as* a debt due to Her Majesty, either by ordinary process of law, or in the manner in which seamen are hereby enabled to recover wages ; and such expenses, if defrayed by the seaman or apprentice, shall be recoverable as wages due to him. See sec. 181, p. 165 ct sef[, as to wages, and sec. 188, p. 171, as to the mode of recovering wages. (E.) Certificate op DisoHAitaE, fob Seamen not Discharged before a Superintendent of a Mercantile Marine Office. Sanctioned by the Board of Trade, May 1855 —In pursuance of 17 & 18 Vict. c. 101. Name of Ship. Official Number. Port of Registry. Registered Tonnage. Description of Voyage or Employment. LEAVING SEAMEN ABROAD. 185 Name of Seaman. Dato of Birth. Number of Fund Ticket (if any). Capacity. Date of Entry. Dato of Discharge. Place of Discharge. I CERTIFY that the above particulars are correct, and that the above-named seaman was discharged accordingly. Dated this day of 18 (Countersigned) Seaman. (Signed) Master. Witness Address of Wltiicss . Oeoiipation of Witness _ Note. — One of these certificates must be filled up and delivered to every seaman who is discharged otherwise than before a superintendent of a mercantile marine office. 206. If the master or any other person belonging to any British ship wrongfully forces on shore and leares behind, or otherwise wilfully and wrongfully leaves behind, in any place, on shore or at sea, in or out of Her Majesty's dominions, any seaman or apprentice belonging to such ship before the com- pletion of the voyage for which such person was engaged or the return of the ship to the United Kingdom, he shall for each such offence be deemed guilty of a misdemeanor. 207. If the master of any British ship does any of the fol- lowing things ; (that is to say,) (1.) Discharges any seaman or apprentice in any place situate in any British possession abroad (except the possession in which he was shipped), without previously obtaining the sanction in writing endorsed on the agreement of, some public superintendent of a mer- cantile marine ofBce or other officer duly appointed by the local government in that behalf, or, (in the absence of any such functionary) of the chief officer of customs resident at or near the place where the discharge takes place : Forcing sea- men on shore a mis- demeanor. No seamen to be discharged or left abroad without certifi- cate of some functionary. 186 LEAVING SEAMEN ABBOAD. 207-809. Proof of such certificate to be upon tlie master. Wages to be ' paid when seamen are left behind on ground of inability. (2.) Discharges any seaman or apprentice at any place out of Her Majesty's dominions without previously obtain- ing the sanction so indorsed as aforesaid of the British consular oflBcer there, or, (in his absence) of two respectable merchants resident there : (3.) Leaves behind any seaman or apprentice at any place situate in any British possession abroad on any ground whatever, without previously obtaining a certificate in writing so indorsed as aforesaid from such officer or person as aforesaid, stating the fact and the cause thereof, whether such cause be unfitness or inability to proceed to sea, or desertion or disappearance : (4.) Leaves behind any seaman or apprentice at any place out of Her Majesty's dominions, on shore or at sea, on any ground whatever, without previously obtaining the certificate indorsed in manner and to the effect last aforesaid of the British consular officer there, or (in his absence) of twcf respectable merchants, if there is any such at or near the place where the ship then is : He shall for each such default be deemed guilty of a mis- demeanor ; and the said functionaries shall and the said mer- chants may examine into the grounds of such proposed dis- charge, or into the allegation of such unfitness, inability, de- sertion, or disappearance as aforesaid, in a summary way, and may for that purpose, if they think fit so to do, administer oaths, and may either grant or refuse such sanction or certi- ficate as appears to them to be just. 208. Upon the trial of any information, indictment, or other proceeding against any person for discharging or leaving be^ hind any seaman or apprentice, contrary to the provisions of this Act, it shall be upon such person either to produce the sanction or certificate hereby required, or to prove that he had obtained the same previously to having discharged or left behind such seaman or apprentice, or that it was impracticable for him to obtain such sanction or certificate. 209. Every master of any British ship who leaves any sea- man or apprentice on shore at any place abroad in or out of Her Majesty's dominions, under a certificate of his unfitness or inability to proceed on the voyage, shall deliver to one of the functionaries aforesaid, or (in the absence of such func- tionaries) to the merchants by whom such certificate is signed. PAYMENT OF WAGES TO SEAMEN ABROAD. 187 or, if there be but one respectable merchant resident at such § 209. place, to him, a full and true account of the wages due to such ^ ~ seaman or apprentice, such account when delivered to a con- sular officer to be in duplicate, and shall pay the same either in money or by a bill drawn upon the owner ; and in the case of every bill so drawn, such functionary, merchants or merchant as aforesaid, shall by indorsement certify thereon that the same is drawn for money due on account of a seaman's wages, and shall also indorse the amount for which such bill is drawn, with such further particulars in respect of the case as the Board of Trade requires, upon the agreement of the ship ; and every such master as aforesaid who . refuses or neglects to de- liver a full account of such wages, and pay the amount thereof in money or by bill, as hereinbefore required, shall for every such offence or default be liable, in addition to the payment of the wages, to a penalty not exceeding 101. ; and every such master who delivers a false account of such wages shall for every such offence, in addition to the payment of the wages, incur a penalty not exceeding 201. This section, does not affect the rights of the master, or take away from the seaman any other remedies he may have for recovering his wages {I). 25 & 26 Vict. c. 63, s. 19. — The payment of seamen's wages Payment of required by the 209th section of the Principal Act shall, when- w''g<=s to sea- ever it is practicable so to do, be made in money and not by uuciergect 209 bill ; and in cases where payment is made by bill drawn by of Principal the master, the owner of the ship shall be liable to pay the Act. amount for which the same is drawn to the holder or indorsee thereof; and it shall not be necessary in any proceeding against the owner upon such bill to prove that the master had authority to draw the same ; and any bill purporting to be drawn in pursuance of the said section, and to be indorsed as therein required, if produced out of the custody of the Board of Trade or of the Kegistrar-General of Shipping and Seamen, or of any Superintendent of any Mercantile Marine Office, shall be received in evidence ; and any indorsement on any such bill purporting to be made in pursuance of the said sec- tion, and to be signed by one of the functionaries therein mentioned, shall also be received in evidence, and shall be deemed to be primd facie evidence of the facts stated in such Indorsement. (l) The Majah of Ooehm, Swa. 473. 188 PAYMENT OF WAGES TO SEAMEN ABROAD. 210, an. Such wages to be treated as money due to the seamen, subject to pay- ment of ex- pense of theii" subsistence and passage home. Distressed seamen found abroad may be relieved and sent home at the public expense. 210. Every such payment as last aforesaid, -whether by bill or in money, shall, if made in any British possession, be made to the seaman or apprentice himself, and, if made out of Her Mg,jesty's dominions, to the consular oflBcer, who shall, if satisfied with the account, indorse on one of the duplicates thereof, a receipt for the amount paid or bill delivered, and shall return the same to the master; and the master shall, within forty-eight hours after his return to his port of desti- nation in the United Kingdom, deliver the same to the superintendent there; and the consular oflBcer shall retain the other duplicate of the said account, and shall, if the sea- man or apprentice subsequently obtains employment at or otherwise quits the port, deduct out of the sum received by him as aforesaid any expenses which have been incurred by him in respect of the subsistence of the seaman or apprentice under the provisions herein contained, except such as the master or owner of the ship is hereby required to pay, and shall pay the remainder to the seaman or apprentice, and shall also deliver to him an account of the sums so received and expended on his behalf; and shall, if the seaman or apprentice dies before his ship quits the port, deal with the same in the manner hereinafter specified in that behalf, and shall, if the seaman or apprentice is sent home at the public expense under the pro- visions herein contained, account for the amount received to the Board of Trade ; and such amount shall, after deducting any expenses which have been duly incuixed in respect of such seaman or apprentice, except such as the master or owner of the ship is hereby required to pay, be dealt with as wages to which he is entitled, and shall be paid accordingly. 211. The governors, consular officers, and other officers of Her Majesty in foreign countries shall, and in places where there are no such governors or officers any two resident British merchants may, provide for the subsistence of all seamen or apprentices, being subjects of Her Majesty, who have been shipwrecked, discharged, or left behind at any place abroad, whether from any ship employed in the merchant service, or from any of Her Majesty's ships, or who have been engaged by any person acting either as principal or agent to serve in any ship belonging to any foreign power or to the subject of any foreign state, and who are in distress in any place abroad, until such time as they are able to provide them with DISTRESSED SEAMEN ABROAD. 189 a passage home, and for that purpose shall cause such seamen §§ or apprentices to be put on board some ship belonging to any Sll, 212. subject of Her Majesty bound to any port of the United ' Kingdom, or of the British possession to which they belong (as the case requires), which is in want of men to make up its complement ; and in default of any such ship, shall provide them with a passage home as soon as possible in some ship belonging to a subject of Her Majesty so bound as aforesaid, and shall indorse on the agreement of any ship on board of which any seaman or apprentice is so taken or sent the name of every person so sent on board thereof, with such particulars concerning the case as the Board of Trade requires, and shall be allowed for the subsistence of any such seaman or appren- tice such sum per diem as the Board of Trade from time to time apppoints ; and the amount due in respect of sucH allow- ance shall be paid out of any monies applicable to the relief of distressed British seamen, and granted by Parliament for the purpose, on the production of the bills of the disburse- ments, with the proper vouchers. 212. The master of every British ship so bound as aforesaid, Masters of shall receive and afford a passage and subsistence to all seamen compelled'to or apprentices whom he is required to take on board his ship take them. under the provisions hereinbefore contained, not exceeding one for every fifty tons burden, and shall, during the passage, provide every such seaman or apprentice with a proper berth or sleeping place effectually protected against sea and weather ; and on the production of a certificate signed by any governor, consular ofiicer, or merchants by whose directions any such seaman or apprentice was received on board, specify- ing the number and names of such seamen or apprentices, and the time when each of them respectively was received on board, and on a declaration made by such person before a justice, and verified by the Eegistrar-General of Shipping and Seamen, stating the number of days during which each seaman or apprentice received subsistence and was provided for as aforesaid on board his ship, and stating also the number of men and boys forming ' the complement of his crew, and the number of seamen and apprentices employed on board his ship during such time, and every variation (if any) of such number, such person shall be entitled to be paid oub of the said monies applicable to the relief of distressed British seamen in respect of the subsist- 19.0 EKLIEF OF DISTRESSED SEAMEN. 213, 213. Penalty. Relief of dis- tressed seamen to be regulated by Board of Trade. Power to sue for the amount advanced for the relief of seamen left abroad. ence and passage of every seaman or apprentice so conveyed, subsisted, and provided for by him exceeding the number (if any) wanted to make up the complement of his crew, such sum per diem as the Board of Trade from time to time appoints ; and if any person having charge of any such ship fails, or refuses to receive on board his ship, or to give a passage home, or subsistence to, or to provide for any such seaman or appren- tice as aforesaid, contrary to the provisions of this Act, he shall incur a penalty not exceeding 1001. for each seaman or apprentice with respect to whom he makes such default or refusal. 25 & 26 Vic. c. 63, s. 22.— 'Whereas under the 211th and 212th sections of the Principal Act, and the 16th section of "The Merchant Shipping Act Amendment Act, 1855," pro- vision is made for relieving and sending home seamen found in distress abroad : and whereas doubts are entertained whether power exists under the said sections of making regulations and imposing conditions which are necessaty for the preven- tion of desertion and misconduct and the Undue expenditure of public money : Be it enacted, and it is hereby declared, that the claims of seamen to be relieved or sent home in pursuance of the said sections or any of them shall be subject to such regulations and dependent on such conditions as the Board of Trade may from time to time make or lihpose ; and no seaman shall have any right to demand to be relieved or sent home except in the cases and to the extent provided for by such regulations and conditions. 213. If any seaman or apprentice belonging to any British ship is discharged or left behind at any place out of the United Kingdom, without full compliance on the part of the master with all the provisions in that behalf in this Act con- tained, and becomes distressed and is relieved under the pro- visions of this Act, or if any subject of Her Majesty, after having been engaged by any person (whether acting as prin- cipal or agent) to serve in any ship belonging to any foreign power, or. to the subject of any foreign power, becomes dis- tressed and is relieved as aforesaid, the wages (if any) due to such seaman or apprentice, and all expenses incurred for his subsistence, necessary clothing, conveyance home, and burial, in case he should die abroad before reaching home, shall be a charge upon the ship, whether British or foreign, to which he so belonged as aforesaid ; and the Board of Trade may in the IIEI.IEF OF DISTRESSEID SEAMEN. 191 name of Her Majesty (besides suing for any penalties which § 213. may have been incurred) sue for and recoTor the said wages and expienaes, with costs, either from the master of SUch ship as aforesaid, or from the person who is owner thereof for the time being, or, in the case of such engagement as aforesaid for service in a foreign ship, from such master or owner, or from the person by wliom such engagement was so made as aforesaid ; and such sums shall be recoverable either in the same manner as other debts due to Her Majesty, or in the same manner and in the same form and process in which wages due to the seaman would bo recoverable by him; and in any proceedings for that purpose^ production of the account (if any) to be furnished as hereinbefore is provided in sllch cases, together with proof of paymerit by the Board of Trade or by the paymaster-general of the charges incurred on account of any such seaman, apprentice, or other person, shall be suffi- cient evidence that he was relieved, conveyed home, or buried (as the case may be) at Her Majesty's expense. 18 & 19 Vict. c. 91, s. 16. — The Board of Trade may issue Extension of instructions concerning the relief to be administered to dis- provisions tressed seamen and apprentices, in pursuance of the two '^°°'^p™™S ^l'*^ hundred and eleventh and two hundred and twelfth sections of " The Merchant Shipping Act, 1854," and may by such instructions determine in what cases and under what circum- stances and conditions such relief is to be administered ; and all powers of recovering expenses incurred with respect to distressed seamen and apprentices, which by the two hundred and thirteenth section of the said Act are given to the Board of Trade shall extend to all expenses incurred by any foreign government for the purposes aforesaid, and repaid to such government by Her Majesty's government, and shall likewise extend to any expenses incurred by the conveying home such seamen or apprentices in foreign as well as British ships; and all provisions concerning the relief of distressed seamen and apprentices, being subjects of Her Majesty, which are con- tained in the said sections of the said Act, and in this section shall extend to such seamen and apprentices, not being subjects of Her Majesty as are reduced to distress in foreign parts by reason of their having been shipwrecked, discharged or left behind from any British ship ; subject nevertheless to such modifications and directions concerning the cases in which relief is to be given to such foreigners, and the country to which they are to be sent, as the Board of Trade may, under the circumstances think fit to make -and issue. tute seamen. 192 VOLUNTEEEING INTO THE NAVY. 213, 214. Penalty on masters of ships leaving certain seamen in distress in tliis country. 17 & 18 Vict. c. 120, s. 16. — If a native of any country in Asia, Africa, or any of the islands in the South Seas or the Pacific Ocean, or of any other country not having any consul in the United Kingdom is brought to the United Kingdom in any ship, British or foreign, as a seaman, and is left in the United Kingdom and within six months of his being so left becomes chargeable upon the poor-rate or commits any act by reason of the committal whereof he is liable to be convicted as an idle and disorderly person or any other act of vagrancy, the master or owner of the said ship, or in the case of a foreign ship the person who is consignee of the ship, at the time of the seaman being so left as aforesaid, shall incur a penalty not exceeding thirty pounds, unless he can show that the person so left as aforesaid, quitted the ship without the consent of the master, or that due means have been aflForded by such master, owner or consignee, or one of them, to such person of returning to his native conntry, or to the country in which he was shipped ; and the court inflicting such penalty may order the whole or any part of such penalty to be applied towards the relief or sending home of such person. Her Majesty may accept o£fers of per- sons recom- mended by the Admiralty to serve as officers of the Royal Naval Keserve. Volunteering into the Navy. So much of the third part of this Act as relates to seamen volunteering into the Eoyal Navy, shall apply to all sea-going British ships wherever registered, and to the owners, masters, and crews of such ships, wherever the same may be (see sec. 109, p. 106). 35 & 36 Vict. c. 73, s. 17.— It shall be lawful for Her Majesty to accept from time to time the offers of any person whom the Lord High Admiral or the commissioners for executing his office may recommend to serve as oflBcers of reserve in the Eoyal Navy upon such terms and conditions as to Her Majesty may from time to time seem fit ; and the " Ofificers of the Eoyal Naval Eeserve Act, 1863," shall be read and construed as if this clause formed part of the said Act. Seamen allowed to leave their ships in order to enter the navy. 214. Any seaman may leave his ship for the purpose of forthwith entering into the naval service of Her Majesty, and such leaving his ship shall not be deemed a desertion there- from, and shall not render him liable to any punishment or forfeiture whatever ; and all stipulations introduced into any agreement whereby any seaman is declared to incur any for- feiture or be exposed to any loss in case he enters into Her Majesty's naval service shall be void, and every master or owner who causes any such stipulation to be so introduced shall incur a penalty not exceeding 201. VOLUNTEERING INTO THE NAVY. 193 215. "Whenever any seaman, without having previously com- §§ mitted any act amounting to and treated by the master as 215, S16. desertion, leaves his- ship in order to enter into the naval clothes to be service of Her Majesty, and is received into such service, the delivered at master shall deliver to him his clothes and effects on board °"°^' such ship, and shall pay the proportionate amount of his wages JvTnto°the down to the time of such entry, subject to all just deductions Queea's officer as follows ; (that is to say,) the master of the said ship shall t°heTeamen.°'^ pay the same to the officer authorised to receive such seaman into Her Majesty's service, either in money or by bill drawn upon the owner and payable at sight to the order of the ac- countant-general of the navy ; and the receipt of such officer shall be a discharge for the money or bill so given ; and such bill shall be exempt from stamp duty : and if such wages are paid in money, such money shall be credited in the muster book of the ship to the account of the said seaman ; and if such wages are paid by bill, such bill shall be noted in the said muster book and shall be sent to the said accountant-general, who shall present the same or cause the same to be presented for payment, and shall credit the produce thereof to the account of the said seaman ; and such money or produce (as the case may be) shall not be paid to the said seaman until the time at which he would have been entitled to receive the same if he had remained in the service of the ship which he had so quitted as aforesaid ; and if any such bill is not duly paid when presented, the said accountant-general or the seaman on whose whose behalf the same is given may sue thereon or may recover the wages due by all or any of the means by which wages due to merchant seamen are recoverable ; and if upon any seaman leaving his ship in the manner and for the purpose aforesaid, the master fail to deliver his clothes and effects, or to pay his wages as hereinbefore required, he shall, in addition to his liability to pay and deliver the same, incur a penalty not ex- ceeding 201. ; provided that no officer who receives any such bill as aforesaid shall be subject to any liability in respect thereof, except for the safe custody thereof until sent to the said accountant-general as aforesaid {a). 216. If upon any seaman leaving his ship for the purpose of Repayment to owner of ad- la) The AmphitrUe, 2 Hagg. Ad. 403 ; and see, as to desertion, s. 243, p. 214. 194 VOLUNTEERING INTO THE NAVY. §§ 216-218. Vance paid and not duly earned. If new seamen are engaged instead of the original sea- men, the owner may apply for rex payment of any extra ex- pense he has been put to. Application how to be de- cided on, and amount of re- payment how to be ascer- tained. entering the nayal service of Her Majesty, the owner or master of such ship shows to the satisfaction of the Admiralty that he has paid or properly rendered himself liable to pay an advance of wages to or on account of such seaman, and that such seaman has not at the time of quitting his ship duly earned such advance by service therein, and, in the case of such liability as aforesaid, if such owner or master actually satisfies the same, it shall be lawful for the Admiralty to pay to such owner or master so much of such advance as has not been duly earned, and to deduct the sum so paid from the wages of the seaman earned or to be earned in the naval service of Her Majesty. 217. If, in consequence of any seaman so leaving his ship without the consent of the master or owner thereof, it becomes necessary for the safety and proper navigation of the said ship to engage a substitute or substitutes, and if the wages or other remuneration paid to such substitute or substitutes for subse- quent service exceed the wages or remuneration which would have been payable to the said seaman under his agreement for similar service, the master or owner of the said ship may apply to the registrar of the High Court of Admiralty in England for a certificate authorising the repayment of such excess ; and such application shall be in such form, and shall be accom- panied by such documents, and by such statements, whether on oath or otherwise, as the judge of the said court from time to time directs. 218. The said registrar shall, upon receiving any such appli- cation as aforesaid, give notice thereof in writing, and of the sum claimed, to the secretary to the Admiralty, and shall proceed to examine the said application, and may call upon the Registrar- General of Shipping and Seamen to produce any papers in his possession relating thereto, and may call for further evidence ; and if the whole of the claim appears to him to be just, he shall give a certificate accordingly ; but if he considers that such claim or any part thereof is not just, he shall give notice of such his opinion in writing under his hand to the person making the said application or his attorney or agent ; and if within sixteen days from the giving of such notice such person does not leave or cause to be left at the office of the registrar of the said court a written notice demanding that the said application shall be referred to the judge of the said court, VOLUNTEERING INTO THE NAVY. 195 then the said registrar shall finally decide thereon, and certify § § accordingly ; but if such notice is left as aforesaid, then the S18-2S0. said application shall stand referred to the said judge in his chambers, and his decision thereon shall be final, and the said registrar shall certify the same accordingly ; and the said registrar and judge respectirely shall in every proceeding under this Act have full power- to administer oaths, and to exercise all the ordinary powers of the court, as in any other proceeding within its jurisdiction ; and the said registrar or Costs. judge (as the case may be) may, if he thinks fit, allow for the costs of any proceeding under this Act any sum not exceeding hi. for each seaman so quitting his ship as aforesaid ; and such sum shall be added to the sum allowed, and shall be certified by the said registrar accordingly. 219. Every certificate so given shall be sent by post or Accountant- otherwise to the person making the application, his attorney ^reneral to pay ^ o . r-jr ; j sums when or agent, and a copy thereof shaU be sent to the accountant- ascertained, general of the navy ; and such accountant-general shall, upon delivery to him of the said original certificate, together with a receipt in writing purporting to be a receipt from the master or owner making the application, pay to the person delivering the same out of the monies applicable to the naval service of Her Majesty, and granted by parliament for the purpose, the amount mentioned in such certificate ; and such certificate and receipt shall absolutely discharge the said accountant-general and Her Majesty from all liability in respect of the monies so paid or of the said application. 220. Every person who, in making or supporting any such Penalty for application as aforesaid to the registrar of the High Court of f°[fg^repre Admiralty, forges, assists in forging, or procures to be forged, sentations in or fraudulently alters, assists in fraudulently altering, or pro- sucJ°applica- cures to be fraudulently altered, any document, and every tions. person who in making or supporting any such application presents or makes use of any such forged or altered document, or who in making or supporting any such application makes or gives, or assists in making or giving, or procures to be made or given, any false evidence or representation, knowing the same to be false, shall be deemed guilty of a misdemeanor. 196 COMPLAINTS AS TO PROVISIONS. 221-223. Survey of pro- visions and water on com - plaint made. Forfeiture for frivolous com- plaint. Allowance for short or bad provisions. If reduced. Provisions, Health, and Accommodation. 221. Any three or more of the crew of any British ship may complain to anyoflBcer in command of any of Her Majesty's ships, or any British consular officer, or any superintendent of a mer- cantile marine office, or any chief officer of customs, that the pro- visions or water for the use of the crew are at any time of bad quality, unfit for use, or deficient in quantity ; and such officer may thereupon examine the said provisions or water, or cause them to be examined ; and if on examination such provisions or water are found to be of bad quality and unfit for use, or to be deficient in quantity, the person making such examination shall signify the same in writing to the master of the ship ; and if such master does not thereupon provide other proper provisions or water in lieu of any so signified to be of a bad quality and unfit for use, or does not procure the requisite quantity of any so signified to be insufficient in quantity, or uses any provisions or water which have been so signified as aforesaid to be of a bad quality and unfit for use, he shall in every such case incur a penalty not exceeding 20Z. ; and upon every such examination as aforesaid the officers making or directing the same shall enter a statement of the result of the examination in the official log, and shall send a report thereof to the Board of Trade, and such report, if produced out of the custody of such board or its officers, shall be received in evidence in any legal proceeding. 222. If the officer to whom any such complaint as last afore- said is made certifies in such statement as aforesaid that there was no reasonable ground for such complaint, each of the parties so complaining shall be liable to forfeit to the owner out of his wages a sum not exceeding one week's wages. 223. In the following cases ; (that is to say,) (1.) If during a voyage the allowance of any of the pro- visions which any seaman has by his_ agreement stipu- lated for is reduced (except in accordance with any regulations for reduction by way of punishment contained in the agreement, and also except for any time during which such seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct, either on board or on shore) ; SUPPLY OF ANTI-SCORBUTICS. 197 (2.) If it is shown that any of such provisions are or have §§ during the voyage been bad in quality and unfit for 223, 224- m. 1 11 . , If bad. I He seaman shall receive by way of compensation for such re- Compensation, duction or bad quality, according to the time of its continuance, the following sums, to be paid to him in addition to and to be recoverable as wages ; (that is to say,) (1.) If his allowance is reduced by any quantity not exceed- If reduced. ing one-third of the quantity specified in the agreement, a sum not exceeding fourpence a day. (2.) If his allowance is reduced by more than one-third of such quantity, eightpence a day : (3.) In respect of such bad quality as aforesaid, a sum not If bad. exceeding one shilling a day : But if it is shown to the satisfaction of the Court before which the case is tried that any provisions the allowance of which has been reduced could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the Court sha-ll take such circumstances into consideration, and shall modify or reflise compensation as the justice of the case may require. Where, owing to the unexpected length of the voyage, a crew were put on short allowance, and on their claiming compensation, the owners failed to appear or explain the circumstances, the Court allowed the sum calculated to be due as compensation to be added to the sum claimed as wages {a). 224. Repealed ly 30 & 31 Vict. c. 124, s. 3. 30 & 31 Vict. c. 124, s. 4. — The following rules shall be Lime or lemon observed with respect to medicines, medical stores, and anti- juice andother scorbutics ; (that is to say,) anti-scor- (1.) The Board of Trade shall from time to time issue and p^o^ded and cause to be published scales of medicines and medical kept on board stores suitable for different ships and voyages, and certain ships. shall also prepare or sanction a book or books contain- Medicines, ing instructions for dispensing the same : (2.) The owners of every ship navigating between the Owners to pro- United Kingdom and any place out of the same shall vide medi- provide and cause to be kept on board such ship a ''™^^- supply of medicines and medical stores in accordance with the scale appropriate to the said ship, and also (a) The Josephine, Swa. 152 ; Ship Elizabeth v. Bickers, 2 Paine, C. C. (Amer. Eep.) 291. 198 LIME AND LEMON JUICE, ETC. § 284. Lime or lemon juice to come from bonded warehouse. Certificate. To contain 15 per cent, proof spirits. To be packed in certain bottles. a copy of the said book or of one of the said books containing instructions : (3.) No lime or lemon juice shall be deemed fit and proper to be taken on board any such ship, for the use of the crew or passengers thereof, unless the same has been obtained from a bonded warehouse for and to be shipped as stores ; and no lime or lemon juice shall be so obtained or delivered from any warehouse as aforesaid unless the same is shown, by a certificate under the hand of an inspector appointed by the Board of Trade, to be proper for use on board ship, such certificate to be given upon inspection of a sample after deposit of the said lime or lemon juice in the warehouse; nor unless the same contains fifteen per centum of proper and palatable proof spirits, to be approved by such inspector, or by the proper ofiicer of customs, and to be added before or immediately after the inspection thereof; nor unless the same is packed in such bottles, at such time and in such manner, and is labelled in such manner as the Commissioners of Customs may direct ; provided that when any such lime or lemon juice is deposited in any bonded warehouse, and has been approved as aforesaid by the said inspector, the said spirits, or so much of the said spirits as is necessary to make up fifteen per centum, may be added in such warehouse without pay- ment of any duty thereon ; and when any spirit has been added to any lime or lemon juice, and the same has been labelled as aforesaid, it shall be deposited in the warehouse for delivery as ship's stores only, upon such terms and subject to such regulations of the Commis- sioners of Customs as are applicable to the delivery of ship's stores from the warehouse : Ab to the shipment of stores, see the " Customs Consolidation Act, 1876 " (39 & 40 Vict. c. 36). Suificient lime-juice to be provided for certain (4.) The master or owner of every such foreign-going ship (except those bound to European ports or to ports in the Mediterranean Sea, and also except such ships or classes of ships bound to ports on the eastern coast of America north of the thirty-fifth degree of north lati- tude, and to any islands or places in the Atlantic Ocean north of the same limit, as the Board of Trade may from time to time exempt from this enactment,) shall provide and cause to be kept on board such ship a sufficient quantity of lime or lemon juice from the warehouse duly labelled as aforesaid, such labels to remain intact until twenty-four hours at least after such LIME AND LEMON JUICE, ETC. 199 ship shall have left her port of departure on her foreign voyage, or a sufficient quantity of such other anci-scor- bntics, if any, of such quality, and composed of such materials, and packed and kept in such manner, as Her Majesty by Order in Council may from time to time direct : (5.) The master of every such ship as last aforesaid shall serve or cause to be served out the lime or lemon juice with sugar (such sugar to be in addition to any sugar required by the articles) or other such anti-scorbutics as aforesaid to the crew so soon as they have been at sea for ten days, and during the remainder of the voyage, except during such time as they are in harbour and are there supplied with fresh provisions ; the lime or lemon juice and sugar to be served out daily at the rate of an ounce each per day to each member of the crew, and to be mixed with a due proportion of water before being •served out, or the other anti-scorbutics, if any, at such times and in such quantities as Her Majesty by Order in Council may from time to time direct : (6.) If at any' time when such lime or lemon juice or anti- scorbutics is or are so served out as aforesaid any sea- man or apprentice refuses or neglects to take the same, such neglect or refusal shall be entered in the oflBcial log book in the manner provided by the two hundred and. eighty -first section of the priucipal Act, and shall be signed by the master and by the mate or some other of the crew, and also by the surgeon or medical prac- titioner on board, if any : And if in any such ship as aforesaid such medicines, medical stores, book of instructions, lime or lemon juice, sugar, or anti- scorbutics as are hereinbefore required are not provided, packed, and kept on board as hereinbefore required, the owner or master shall be deemed to be in fault, and shall for each default incur a penalty not exceeding twenty pounds, unless he can prove that the non-compliance with the above provisions, or any of them, was not caused through any inattention, neg- lect, or wilful default on his part ; and if the lime or lemon juice and sugar or other anti-scorbutics are not served out in the case and manner hereinbefore directed, or if entry is not made in the official log in the case and manner hereinbefore required, the master shall be deemed to be in fault, and shall for each default incur a penalty not exceeding five pounds, unless he can prove that the non-compliance with the above provisions, or any of them, did not arise through any neglect, omission, or wilful default on his part ; and if in any case it is proved that some person other than the master or owner is in default in any case under this section, then such other person shall be liable to a penalty not exceeding twenty pounds. § 234. Manner and time of serving out lime-juice. Neglect of sea- man to take lime-juice to be recorded. Penalty for not providing medicines, &c. for not serving them out. 200 INSPECTION OF MEDICINES. 88 If a seaman refuses to take the lime and lemon juice, and falls ill in npK opfi consequenoe, he will not be entitled to wages during such illness. See ^.iO, ^ao. 3Q ^ 3^ yjj,j_ ^ ^24, ri. 8, under s. 228, p 202. Masters to kesp weights and measui'es on board. Board of Trade and local hoards may appoint in- spectors of medicines, who are to see that ships are properly pro- vided. Certificate of inspection if medicines have been deficient. 225. Every master shall keep on board proper weights and measures for the purpose of determining the quantities of the several provisions and articles served out, and shall allow the same to be used at the time of serving out such provisions and articles in the presence of a witness whenever any dispute arises about such quantities, and in default shall for every offence incur a penalty not exceeding 101. 226. Any local marine board may, upon beiag required by the Board of Trade so to do, appoint and remove a medical inspector of ships for the port, and may fix his remuneration, such remuneration to be subject to the control of the Board of Trade ; and at ports where there are no local marine boards, the Board of Trade may appoint and remove such inspectors, and fix their remuneration ; and it shall be the duty of such inspectors to inspect the medicines, medical stores, lime or lemon juice, or other articles, sugar and vinegar, required to be kept on board any such ships as aforesaid ; and such in- spection, if made at places where there are local marine boards, shall be made under their direction, and also in any special cases under the direction of the Board of Trade, and if made at places where there are no local marine boards, shall be made under the direction of the Board of Trade ; and such medical inspectors shall for the purposes of such inspection have the same powers as the inspectors appointed by the Board of Trade under the First Part of this Act ; but every such in- spector, if required by timely notice in writing from the master, owner, or consignee, shall make his inspection three days at least before the ship proceeds to sea, and if the result of the inspection is satisfactory shall not again make inspection before the commencement of the voyage, unless he has reason to suspect that some of the articles inspected have been subse- quently removed, injured or destroyed ; and whenever any such medical inspector is of opinion that in any ship hereby required to carry such articles as aforesaid the same or any of them are deficient in quantity or quality, or are placed in improper vessels, he shall signify the same in writing to the chief oflScer of customs of the port where such ship is lying, and also to the master, owner, or consignee thereof, and there- MEDICINES AND MEDICAL ATTENDANCE. 201 upon the master of such ship, before proceeding to sea, shall §§ produce to such chief officer of customs a certificate under the 226-228. hand of such medical inspector or of some other medical inspector, to the effect that such deficiency has been suppUed or remedied, or that such improper yessels have been replaced by proper vessels, as the case may require ; and such chief officer of customs shall not grant a clearance for such ship without the production of such certificate, and if such ship attempts to go to sea without a clearance, may detain her until such certificate is produced ; and if such ship proceeds Penalty. to sea without the production of such certificate, the owner, master, or consignee thereof, shall incur a penalty not exceed- ing 201. As to the powers of inspectors appointed by the Board of Trade under the First Part of this Act, see s. 15, p. 12 ; and see s. 16, p. 13, as to the penalties for obstructing them in the discharge of their duties. 227. Repealed ly 30 & 31 Vict. c. 124, s. 3. 30 & 31 Vict. c. 124, s. 5. — Any person who manufactures. Penalty for sells, or keeps, or offers for sale, any such medicines or medical selling, &c., stores as aforesaid which are of bad quality, shall for each such ^taTquality offence incur a penalty not exceeding twenty pounds. 30 & 31 Vict. c. 124, s. 6. — In any British possession out- Power to of the United Kingdom, the governor or officer administering governors, &e. the government for the time being shall, subject to the laws of to™akeregu- such possession, have power to make regulations concerning g^ppiy of w^^ the supply within such possession of lime or lemon juice, and or lemon juice, anti-scorbutics, for the use of ships ; and any lime or lemon juice or anti- scorbutics duly supplied in accordance with any such regulations shall be deemed to be fit and proper for the use of ships. For the rules concerning lime juioe, &o., to be observed by passenger ships, as defined by the Passengers Act, 1855, see the " Passengers Act, 1855," s. 35, p. 501. 228. The following rules shaU be observed with respect to ' Expense of expenses attendant on illness and death ; (that is to say,) tend^ce and (1.) If the master or any seaman or apprentice receives subsistence in any hurt or injury in the service of the ship to which andonuriT' he belongs, the expense of providing the necessary in case of surgical and medical advice, with attendance and me- ^^^j f ^^*° dicines, and of his subsistence until he is cured, or dies, or is brought back to some port in the United 202 EXPENSES OF SEAMAN S ILLNESS. § 238. If removed from ship for a time, ex- pense to fall on owner. Owner shall pay for medi- cines. Other ex- penses deducted from Seaman's ex- penses in case of illness through neglect of owner or master to he paid by them. Kingdom, if shipped in the United Kingdom, or if shipped in some British possession to some port in such possession, and of his conveyance to such port, and the expense (if any) of his burial, shall be defrayed by the owner of such ship without any deduc- tion on that account from the wages of such master, seaman, or apprentice : (2.) If the master or any seaman or apprentice is on account of any illness temporarily removed from his ship for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns 'to his duty, the expense of such removal and of pro- viding the necessary advice with attendance and medi- cines and of his subsistence whilst away from the ship, shall be defrayed in like manner : (3.) The expense of all medicines and surgical or medical advice and attendance given to any master, seaman, or apprentice whilst on board his ship shall be defrayed in like manner : (4.) In all other cases any reasonable expenses duly incurred by the owner for any seaman in respect of illness, and also any reasonable expenses duly incurred by the owner in respect of the burial of any seaman or apprentice who dies whilst on service, shall, if duly proved, be de- ducted from the wages of such seaman or apprentice : By the maritime law, a seaman who falls sick during a voyage, is entitled to be cured at the vessel's expense (a). 30 & 31 Vict. c. 124, s. 7. — Whenever it is shown that any seaman or apprentice who is ill has, through the neglect of the master or owner, not been provided with proper food and water according to his agreement, or with such accommodation, me- dicines, medical stores, or anti-scorbutics as are required by the principal Act or by this Act, then, unless it can be shown that the illness has been produced by other causes, the owner or master shall be liable to pay all expenses properly and neces- sarily incurred by reason of such illness (not exceeding in' the whole three months' wages), either by such seaman himself, or by Her Majesty's Government, or any officer of Her Majesty's Government, or by any parochial or other local authority on (a) Paul T. Eden, 6 T. R. 325 n. ; Chandler v. Grieves, 2 H. BL 606 n. ; The Nimrod, Ware (Amer. Rep.), 9; The Forest, ibid. 420; The Laura, 2 Sawyer (Amer. Rep.), 242. MEDICAL INSPECTION OF SEAMEN. 203 his behalf, and such expenses may be recovered in the same §§ way as if they were wages duly earned : Provided that this 228, 229. enactment shall not operate so as to affect any further liability of any such owner or master for such neglect, or any remedy which any seaman already possesses. 30 & 31 Vict. c. 124, s. 8. — Where a seaman is by reason of Forfeiture of iUness incapable of performing his duty, and it is proved that wages, &c. of such illness has been caused by his own wilful act or default, ?f^™™ '^^'^^ he shall not be entitled to wages for the time during which he ^y jjjg q^^ is by reason of such illness incapable of performing his duty, default. Eules for medical in- spection of seamen. Inspectors. Inspector to examine sea- men and report to master. Medical Inspection of Seamen. 30 & 31 Vict. c. 124, s. 10.— The following rules shall be observed with respect to the medical inspection of seamen ; (that is to say,) (1.) At any port where there is a local marine board, the local marine board, and at other ports in the United Kingdom, the Board, of Trade, may appoint a medical inspector of seamen : (2.) Such medical inspector of seamen shall, on application by the owner or master of any ship, examine any sea- man applying for employment in such ship, and shall give to the superintendent of the mercantile marine oiSce a reporb under his hand stating whether such sea- man is in a fit state for duty at sea, and a copy of such report shall be given to the master or owner of the ship : (3.) The master or owner applying for such inspection shall pay to the superintendent such fees as the Board of Trade direct, and such fees shall be paid into and form part of the mercantile marine fund : (4.) The said medical inspectors shall be remunerated for their services as the Board of Trade may direct, and such remuneration shall be paid out of the mercantile marine fund : (5.) In British possessions out of the United Kingdom the governor or other officer administering the government for the time being shall have the power of appointing medical inspectors of seamen, of charging fees for in- spections when applied for, and of determining the remuneration to be paid to such inspectors. Passenger ships cannot proceed to sea until their medicines, &c., have been inspected (see s. 44 of the " Passengers Act," p. 508.) 229. If any such expenses in respect of the illness, injury, or Expenses, if hurt of any seaman or apprentice as are to be borne by the paidbyconsul, •' , /v- •' to be reoover- owner, are paid by any consular omcer or other person on be- able from Fees. Remunera- tion. In British 204 MEDICAL OFFICER ON BOARD SHIP. §§ 229-231. Certain ships to carry medical prac- titioners. half of Her Majesty, or if any other expenses in respect of the illness, injury, or hurt of any seaman or apprentice whose wages are not accounted for to such officer under the provisions hereinbefore contained in that behalf are so paid, such expenses shall be repaid to such officer or other person by the master of the ship, and if not so repaid, the amount thereof, with costs, shall be a charge upon the ship, and be recoverable from the said master or from the owner of the ship for the time being as a debt due to Her Majesty, and shall be recoverable either by ordinary process of law or in the manner in which seamen are hereby enabled to recover wages ; and in any proceeding for the recovery thereof the production of a certificate of the facts, signed by such officer or other person, together with such vouchers (if any) as the case requires, shall be sufficient proof that the said expenses were duly paid by such consular officer or other person as aforesaid. 230. Every foreign-going ship having one hundred persons or upwards on board shall carry on board as part of her complement some person duly authorised by law to practise as physician, surgeon, or apothecary ; and in default the owner shall for every voyage of any such ship made without such medical practitioner incur a penalty not exceeding 100/. . Provided that nothing herein contained shall in anywise affect any pro- vision contained in the " Passengers Act, 1855," concerning the carriage of medical practitioners by the class of ships therein named passenger ships, nor shall any such passenger ship, if not thereby required to carry a medical practitioner, be hereby required to do so. See s. 42, of the " Passengers Act, 1855," p. 507 et seq. 231. Repealed by 30 & 31 Vict. c. 124, s. 3. Place appro- priated to sea- men to have a certain space for each man, and to be properly con- ttructed and kept clear. Accommodation for Seamen. 30 & 31 Vict. c. 124, s. 9.— The following rules shall be ob- served with respect to accommodation on board British ships ; (that is to say,) ' (1.) Every place in any ship occupied by seamen or appren- tices, and appropriated to their use, shall have for every such seaman or apprentice a space of not less than seventy-two cubic teet, and of not less than twelve superficial feet measured on the deck or floor of such place : ACCOMMODATION FOR SEAMEN. 205 (2.) Every such place shall be such as to make the space aforesaid available for the proper accommodation of the men who are to occupy it, shall be securely constructed, properly lighted and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from effluvium, which may be caused by cargo or bilge water : (3.) No such place as aforesaid shall be deemed to be such as to authorise a deduction from registered tonnage, under the provisions hereinafter contained, unless there is or are in the ship one or more properly constructed privy or privies for the use of the crew ; such privy or privies to be of such number and of such construction as may be approved by the surveyor hereinafter men- tioned : (4.) Every such place shall, whenever the ship is registered or re-registered, be inspected by one of the surveyors appointed by the Board of Trade, under Part IV. of the principal Act, who shall, if satisfied that the same is in all respects such as is required by this Act, give to the collector of customs a certificate to that effect, and thereupon such space shall be deducted from the register tonnage : (5. ) No deduction from tonnage as aforesaid shall be autho- rised unless there is permanently cut in a beam, or cut in or painted on or over the door or hatchway of every such place, the number of men which it is constructed to accommodate, with the words " Certified to accom- modate seamen " : (6.) Every such place shall be kept free from stores or goods of any kind, not being the personal property of the crew in use during the voyage : (7.) Upon any complaint concerning any such place as afore- said, one" of the surveyors appointed by the Board of Trade may inspect such place, and if he finds that any of the provisions of this Act with respect to the same are not complied with, he shall report the same to the collector of customs, at the port where the ship is registered, and thereupon the registered tonnage shall be altered, and the deduction aforesaid in respect of space disallowed, unless and until it shall be certified by such surveyor, or by some other surveyor appointed by the Board of Trade, that the provisions of the Act in respect of such place are fully complied with : (8.) If any such place in any ship is not kept free from goods and stores as aforesaid, the master shall be deemed to be in fault, and shall for every such failure to comply with the provisions of this section forfeit and pay to each seaman lodged in such place, the sum of one shil- §231. Space to be available for accommoda- tion and venti- lated, &c. Not to affect tonnage unless crew have a privy. Inspection of crew space. Amount of accommoda- tion to be cut on beam. No stores to be kept there. Inspection on complaiat. Deduction from tonaage disallowed without cer- tificate. Fine for storing goods in crew space. 206 PROTECTION FROM IMPOSITION. 231-233. Penalty for non-com- pliance. Governors abroad may appoint surveyors. ling a day for each day after complaint made to him hy any two or more of such seamen during which any goods or stores, not being the personal property of the crew, are stored or kept therein : (9.) If in any other respect the provisions of this section are not observed with respect to every such place in any ship, the owner shall be deemed to be in fault, and shall for every failure to comply with the provisions of this section incur a penalty not exceeding 201 31 & 32 Vict, c. 129, s. 3.— The governor of any British possession abroad may from time to time appoint fit and proper persons to be surveyors, who shall have and exercise within such possession all the powers with respect to the inspection of crew spaces that are conferred upon the Board of Trade sur- veyors iu the United Kiugdom by section nine of the " Mer- chant Shippmg Act, 1867." Power of makmff Gom/plaint. Seamen to be 232. If any seaman or apprentice whilst on board any ship allowed to go ■' , i i • i ■ ashore to make states to the master that he desires to make compmnt to a coinplaint to a jugtjce of the peace, or consular oflQcer, or naval officer in command of any of Her Majesty's ships, against the master or any of the crew, the said master shall, if the ship is then at a place where there is a justice or any such oflBcer as aforesaid, so soon as the service of the ship will permit, and if the ship is not then at such a place, so soon after her first arrival at such a place as the service of the ship will permit, allow such seaman or apprentice to go ashore, or send him ashore in proper custody, so that he may be enabled to make such com- plaint, and shall, in default, incur a penalty not exceed- ing lOZ. Protection of Seamen from Imposition. 233. No wages due or accruing to any seaman or apprentice shall be subject to attachment or arrestment from any court ; and every payment of wages to a seaman or apprentice shall be valid in law, notwithstanding any previous sale or assign- ment of such wages, or of any attachment, incumbrance, or arrestment thereon ; and no assignment or sale of such wages or of salvage made prior to the accruing thereof shall bind the party making the same ; and no power of attorney or authority for the receipt of any such wages or salvage shall be irrevocable. Sale of and charge upon wages to be invalid. PROTECTION FROM IMPOSITION. 207 With regard to wages and their payment, see s. 181, p. 165 et m(l. ' §§ This enactment in favour of seamen is quite an exception to all the 234-837. ordinary rules of law. The law is the same in America {a). '- 234. No debt exceeding in amount five shillings, incurred No debt ex- by any seaman after he has engaged to serve, shall be recover- recoverable able until the service agreed for is concluded. till end of 235. If any person demands or receives from any seaman or „ f, ' „ i • i , 1 • . • n 1 • , T Penalty for apprentice to the sea service payment in respect of his beard overcharges or lodging in the house of such person for a longer period than J"? lodging- u ,^- 1 , 11 -111 11 Housekeepers, such seaman or apprentice has actually resided or boarded therein, he shall incur a penalty not exceeding 10?. 236. If any person receives or takes into his possession or Penalty for under his control any monies, documents, or effects of any sea- seamen's^ man or apprentice to the sea service, and does not return the effects, same or pay the value thereof, when required by such seaman or apprentice, subject to such deduction as may be justly due to him from such seaman or apprentice in respect of board or lodging or otherwise, or absconds therewith, he shall incur a penalty not exceeding lOZ., and any two justices may, besides in- flicting such penalty, by summary order direct the amount or value of such monies, documents, or effects, subject to such deduction as aforesaid, to be forthwith paid to such seaman or apprentice. 237. Every person who, not being in Her Majesty's service. Persons not to and not being duly' authorised by law for the purpose, goes on f °f°^ °t^I board any ship about to arrive at the place of her destination, final arrival of before her actual arrival in dock or at the place of her dis- !j'iP rl^!'"'^* Del ILL IS SI OUa charge, without the permission of the master, shall for every such offence incur a penalty not exceeding 20L ; and the master or person in charge of such ship may take any such person so going on board as aforesaid into custody, and deliver him up forthwith to any constable or peace oflBcer, to be by him taken before a justice or justices, or the sheriff of the county in Scotland, and to be dealt with according to the provisions of this Act- The meaning of this section seems to be that the mere arrival at a port will not be sufficient to allow unauthorised persons to go on board ; the vessel must either have got to the place of her discharge, if at a quay or other place outside, but not in a dock. If there is a dock, and she has (a) The, John E. HolbrooJc, 7 Benedict (Amer. Eep.), 356. 208 DISCIPLINE. § 238. Penalty for solicitations by lodging- house keepers. His authority is undefined. He is respon- sible to the courts. Irons Eestraint of officers. got inside that, that is sufficient, she is then no longer about to arrive at her place of destination, but has arrived (a). 238. If, within twenty-four hours after the arrival of any ship at any port in the United Kingdom, any person then being on board such ship solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such ship any effects of any seaman, except under his personal direction and with the permission of the master, he shall for every such offence incur a penalty not exceed- ing 5/. Discipline. The sections coming under this heading have reference to British ships alone (S). So much of the third part of this Act as relates to discipline shall apply to all ships registered in any of Her Majesty 's dominions abroad, when such ships are out of the jurisdiction of their respective governments, and to the owners, masters, and crews of such ships (see s. 109, p. 106). Tlw Master's Anthority over tlw Crem (e). The rule of law is that a captain's authority over the crew, and even over the passengers, is, in the strict sense of the .word, undefined ; or, as it has been termed, despotic. He may, in short, infiict any punishment which is reasonable ; that is, any punishment which is necessary to ensure an obedience to his command in all lawful matters relating to the navigation of the ship and the preservation of good order. He is responsible for the use of those powers to the courts of this country. The punishment he inflicts ought to be applied with due moderation. And in all cases where it is possible, due inquiry ought to be made by the master of the ship before inflicting punishment ; and it is advisable that the other officers should be consulted (d). The putting in irons is sometimes allowable, and that form of punishment is allowed by the law of the United States. The question must be one of fact — viz. whether the captain has used his power immoderately. The law is very favourable for captains, their power is most extensive, and they are only liable to punishment if they exercise it wrongly. If a seaman feels aggrieved by the captain's treatment he may bring an action, and will recover damages if the captain has acted unjustfiably and injured him (e). And in America it is held to be as much the duty of the captain to restrain the violence of his officers towards the crew, as (a) Attwood V. Case, 1 Q. B. D. 137. (6) leary v. Lloyd, 3 E. & E. 178. (c) Part of the following note is taken from a paper read by Mr. Disraeli to a deputation of shippers that met to petition ag.iinst the conviction of Captain Barnes of The Lochsley Hall for having put a seaman in iroiis. — Pall Mall Gazette, May 16tb, 1876. The Agincourt, 1 Hagg. Ad. 271 ; Conkling's U. S. Admiralty Practice (2nd ed.), 429. {d) Murray v. Mmdtrie. 6 C. & P. 471. (e) The Enchantress, 1 Hagg. Ad. 395. DISCIPLINE. 209 to repress insubordination of the men. If he fails to protect the men § § from their officers he will be liable to. damages (jj). ' 238-240 The officers of the ship may, if their conduct is highly reprehensible, .' be degraded from their rank, but the master must exercise this authority -n j- f with great cai-e, and not use it in the case of trivial offences (A). l^gradmg ot Seamen, not part of the crew, and other persons whom captains are compelled to carry in their ships, are subject to their authority in the same manner as the crew (see s. 245, p. 219). With respect to the master's authority over passengers, see the " Passengers Act, 1855," b. 60 p. 518). 239. Any master of or any seaman or apprentice belonging Misconduct to any British ship who by wilful breach of duty, or by neglect 'endangering of duty, or by reason of drunkenness, does any act tending to limb a mis- the immediate loss, destruction, or serious damage of suchship, lieineanor. or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who by wilful breach of duty, or by neglect of duty,, or by reason of drunken- ness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall for every such offence be deemed guilty of a misdemeanor. 240. Any Court having Admiralty jurisdiction in any of Her Power of Ad- Majesty's dominions may, upon application .by the owner of ™i™ty Courts any ship being within the jurisdiction l. as 251. is a sufficient necessity for removing him (/■)). So, if he orders goods for the vessel in disobedience to the owners' commands (J), or if he makes, under special circum- stances, a secret agreement with a charterer to be paid a commission out of Master must the freight, the circumstances may justify his dismissal (m). A master give his whole is bound to employ his whole time and attention in the service of attention to jjjg employer, and to enter into no engagement for his own benefit (w) employer. ^^^ ^ custom allowing him to trade on his own account during the voyage cannot be maintained (o). Power to in- 241. If the Board of Trade or any local marine board has of a'lI^edTu!^ reason to believe that any master or mate is from incompe- competency tency or misconduct unfit to discharge his duties, the Board of duct°'^^'^°"' Trade may either institute an investigation, or 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 insti- tute 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 stipen- diary magistrate (if any), and if there is no such magistrate, of a competent legal assistant to be appointed by the Board of Trade, conduct the investigation, and may summon the master (j) The New Draper, i C. Hob. 287 ; The See Renter, 1 Dods. Ad. 23 ; Loring v. Illsley, 1 Gal. (Amer. Rep.), 24. (Jc) The Royalist, 32 L. J. (Ad.), 105 ; The Victoria, Swa. 408. • (I) The Princess Helena, 'Lash. 190. (m) BreuTian v. Preston, 2 De G. M. & G. 813. (») Tliompson v. Haveloch, 1 Camp. 527. ip) Dvplock V. Blackbv/m, 3 Camp. 343 ; Gardner v. M'Cute?ieon,i Beav. 544. CANCELLATION, &C., OF CERTIFICATES. 211 or mate to appear, and shall give him full opportunity of §§ making a defence either in person or otherwise, and shall for 241, 243. the purpose of such investigation have all the powers given by the First Part of this Act to inspectors appointed by the Board of Trade, and may make such order with respect to the costs of such investigation as they may deem just ; and shall on the conclusion of the investigation make a report upon the case to the Board of Trade ; and in cases where there is no local marine board before which the parties and witnesses can conveniently attend, or where such local marine board is un- willing to institute the investigation, the Board of Trade may direct the same to be instituted before two justices or a sti- pendiary magistrate ; and thereupon such investigation shall be conducted, and the results thereof reported, in the same manner and with the same powers in and with which formal investigations into wrecks and casualties are directed to be conducted, and the results thereof reported, under the provi- sions contained in the Eighth Part of this Act, save only that, if the Board of Trade so directs, the person bringing the charge of incompetency or misconduct to the notice of the Board of Trade , shall be deemed to be the party having the conduct of the case. As to investigations into wrecks, see s. 432, p. 364 et segi. 25 & 26 Vict. c. 63, s. 11. — The power by the 241st section PowerofBoard of the principal Act given to the Board of Trade or to any °^ Tmde and local marine board of instituting investigations into the con- |)°oani™o'iir duct of any master or raate whom it has reason to believe to vestigate be from incompetency or misconduct unfit to discharge his conduct of duties, shall extend to any certificated engineer whom the certificated Board of Trade or any local marine board has reason to believe ^"giMers. to be from incompetency or misconduct unfit to discharge his duties, in the same manner as if in the said section the words "certificated engineer" had been inserted after "master" wherever " master " occurs in such section. Cancellation, &c. of Certificates. 242. The Board of Trade may suspend or cancel the certi- Boardof Trade ficate (whether of competency or service) of any master or mate ™*y cancel or , \ ., • /,i • . V suspend cer- m the following cases ; (that is to say,) tiiicates in (1.) If upon any investigation made in pursuance of the "^^^tain oases. last preceding section, he is reported to be incompetent, ha™beei? F 2 incompetent. 212 CANCELLATION OF CERTIFICATES. § 242. If loss of ship is due to master's wrongful act. If superseded ■^y a Court. If convicted. If guilty of misconduct, tyranny, &c. Penalty for non-com- pliance. or to have been guilty of any gross act of misconduct, drunkenness., or tyranny : (2.) If upon any investigation conducted under the provi- sions conta;ined in the Eighth Part of this Act, or upon any investigation made by a Naval- Court constituted as hereinafter mentioned, it is reported that the loss or abandonment of or serious damage tO' any ship or loss of life has been caused by his wrongful act or default : (3.) If he is superseded by the order of' any "Admiralty Court or of any Naval Court constituted as 'hereinafter mentioned (see sec. 2G0,p. 226 et seq.) : (4.) If he is shown to have been convicted of any offence : (.5.) If upon any investigation made by any court or tribunal authorised or hereafter to be authorised by the legisla- tive authority in any British possession to make inquiry into charges of incompetency or misconduct on the part of masters or mates of ships, or as to shipvrrecks or othei- casualties aflFecting ships, a report is made by such court or tribunal to the effect that he has 'been guilty of any gross act of misconduct, drunkenness, or tyranny, or that the loss or abandonment of or serious damage to any ship or loss of life has been caused by his wrongful act or default, and such report is confirmed by the governor or person administering the government of such possession : And every master or mate whose certificate is cancelled or sus- pended shall deliver it to the Board of Trade or as it directs, and in default shall for each offence incur a penalty not ex- ceeding oOl. ; and the Board of Trade may at -any subsequent time grant to any person whose certificate has been cancelled a new certificate of the same or of any lower grade. Power of can- celling certifi- cate to rest with the Court which hears the case. 2.5 & 2(i Vict. c. 63, s. 23.— The following rules shall be observed with respect to the cancellation and suspension of certificates, thatJS to say : — (1.) The power of cancelling or suspending the certificate of a master or mate by the 242nd section of the Principal Act conferred on the Board of Trade shall (except in the case provided for by the fourDh paragraph of the said section) vest in and -be exercised by the local marine board, magistrates, Naval Court, Admiralty Court, or other court or tribunal by which the case is investigated OFFENCES OF SEAMEN. 213 or tried, and shall not in future vest in or be exercised by the Board of Trade : (2.) Such power shall extend to cancelling or suspending the certificates' of engineers in the same manner as if "certificated engineer" or "certificated engineers" were inserted throughout such section after " master " or " masters : " (3.) Eyery such board, court, or tribunal shall at the con- clusion of the case, or as soon afterwards as possible, state in open court the decision to which they may have come with resp'ect to cancelling or suspending cer- tificates, and shall' in all cases send a full- report upon the cascj with the evidence, to the Board of Trade, and shall also, if they determine to cancel or suspend any certificate, forward such certificate to the Board of Trade with their report : (4.) It shall be lawful for the Board of Trade, if they think the justice of the casfe require it, to re-issue and return any certificate which has been cancelled or suspended, or shorten the time for which it is suspended, or grant a new certificate of the same or any lower grade in place of any certificate^ which has been cancelled or suspended : (5.) Virtually repealed hy 39 & 40 Vict. c. 80, s. 44. This sub-section made some changes in sects. 434, and 437, diet the parts of these two sections that it altered are repealed hy the above Act. (6.) No certificate shall be cancelled or suspended under this section, unless a copy of the report or a statement of the case upon which the investigation is ordered has been furnished to the owner of the certificate before the com- mencement of the investigation, nor, in the case of inveJstigatidng conducted by' justices or a stipendiary magistrate,' unle&'s One assessor at least expresses his concurrence in the report. • 25 & 26Vict. c. fi3, s. 24. — Every master or mate or engineer whose certificate is or is to be suspended or cancelled in pur- suaiice of this Act shall, upoii demajid of the board, court, or tribunal by which the case is investigated or tried, deliver his certificate t£p" them, or, if it is n6t= demanded by such board, courtj or tribunal, shall, upon detoand, deliver it to the Board of Trade, or as it directs, and in default shall for each offence incur a penalty not exceeding fifty pounds. 842, 843. Certificated engineers. Court to send report to Board of Trade. Certificate may be re- turned. Eeport to be sent to owner. Certificate to be delivered up. Penalty. Ofences of Seamen. 243. Whenever any seaman who has been lawfully engaged OfiFences of or any apprentice to the sea service commits any of the following apprenti^ces 214 OFFENCES OF SEAMEN. § 243. and their pimishments. Desertion : Neglecting or refusing to join, or to proceed to sea, absence within twenty-four hours before sailing, and absence with- out leave : Quitting with- out leave before ship is secured : Act of dis- obedience : offences he shall be liable to be punished summarily as follows : (that is to' say,) (1.) For desertion he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also to forfeit all or any part of the clothes and effects he leaves on board, and all or any part of the wages or emoluments which he has then earned, and also, if such desertion takes place abroad, at the discretion of the court, to forfeit all or any part of the wages or emoluments he may earn in any other ship in which he may be employed until his next return to the United Kingdom, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him : (2.) For neglecting or refusing, without reasonable cause, to join his ship, or to proceed to sea in his ship, or for absence without leave at any time within twenty-four hours of the ship's sailing from any port either at the commencement or during the progress of any voyage, or for absence at any time without leave and without sufficient reason from his ship or from his duty not amounting to desertion or not treated as such by the master, he shall be liable to imprisonment for any period not exceeding ten weeks, with or without hard labour, and also, at the discretion of the court, to forfeit out of his wages a sum not exceeding the amount of two days' pay, and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute : (3.) For quitting the ship without leave after her arrival at her port of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one- month's pay : (4.) For wilful disobedience to any lawful command he shall be liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also, at the discretion of the court, to forfeit out of his wages a sum not exceeding two days' pay : DESERTION. 213 (5.) For continued wilful disobedience to lawful commands, § S43. or continued wilful neglect of duty, he shall be liable to continued imprisonment for any period not exceeding twelve weeks, disobedience : with or without hard labour, and also, at the discretion of the court, to forfeit for every twenty-four hours' con- tinuance of such disobedience or neglect either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute : (6.) For assaulting any master or mate he shall be liable to Assault on imprisonment for any period not exceeding twelve weeks, °^'^^^^ '■ with or without hard labour : (7.) For combining with any other or others of the crew to Combining to disobey lawful commands, or to neglect duty, or to "^^^ol^sy- impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour : (8.) For wilfully damaging the ship, or embezzling or wil- "WilMdamage fully damaging any of her stores or cargo, he shall be ™'^ embezzle- liable to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, to imprisonment for any period not exceed- ing twelve weeks, with or without hard labour : (9.) For any act of smuggling of which he is convicted, and Act of whereby loss or damage is occasioned to the master or smuggling ,..-,,.,. _ causing loss to owner, he shall be liable to pay to such master or owner owner. such a sum as is sufficient to reimburse the master or owner for such loss or damage ; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of such liability, without prejudice to any further remedy. Desertion. No defininition of desertion is given in these Acts, and it was said by jjot defined in Dr. LusMngton, that " it would jperhapsbe difficult to state any deiinition the Acts, which would comprise that ' offence under the variety of circumstances that may occur (_?>)." Desertion, in the sense of the maritime law, is a Meaning of quitting of the ship and her service, not only without leave, and against the term, the duty of the party, but with an intent not again to return to the ship's duty. There must be the act of quitting the ship, miimo dereli/iiqucndi, or Must be in- onAmo non revertendi. If a seaman quit the ship without leave, but with tention to : '__ quit. - (p) TU Westmoreland, 1 W. Eob. 221. 216 INSTANCES OF DESERTION. § 843. Forfeiture of wages. Waiver. American law. Joining the Royal Navy. Instances of desertion. Cases not amounting to desertion. an intent to return to duty, however blameable his conduct may be, it is not the offence of desertion {q). By 11 Wm. III. c. 7, s. 17, all seamen, officers, or sailors who shall desert their ships or vessels wherein they are hired to serve for that voyage, shall for such offence forfeit all such wages as shall then be due to him or them. The forfeiture of wages is also enjoined by the maritime lawi-, but that law inculcates a reasonable indulgence to human infirmity, and especially to the klrown thoughtlessness and rashness of seamen. It favours repentance and condonation, and even in a case of clear desertion, if within a reasonable time, the seaman seeks to return, and repair the injury done by his rriisconduct, the circumstances may justify the captain in reofeiving him back, and partially waiving the foi-feiture of wages (r). If, however, the seaman has absented himself from the vessel, with the intention of returning, however long he may be away, his offence will not entail a total forfeiture of wages («). In America " absence from the ship for mOre than ' forty-eight hours Without leave " constitutes a statutory desertion (f ). Seamen are allowed to quit their ship for the purpose of fortk- ivith joining the Jloyal Navy (see s. 214, p. 192) ; but a seaman who left his vessel in defiance of the niaster, ' using opprobrious language, and vfithout making any declaration of his intention to serve the Crown, was held guilty of desertion, even though he did afterwards join the Royal Navy (lb). The following acts have been held to amount to desertion by the maritime laW. Leaving the vessel before she is moored and her cargo discharged unless on account of illness (x) ; refusing to return on board after being absent on leave (?/), or after being separated from the ship by wreck or some other circumstance, when it was the seaman's duty to return (z) ; and quitting the ship while she is in a river waiting till there is room for her in the port (a). But by subs. (2) and (3) of this section the punishment for certain similar acts, though it would be a total forfeiture of wages by the maritime law, is reduced and left to the discretion of the Court within certain limits. And it seems that the absence of a seaman " at any time without leave and without suiticient reason from his ship or from his duty," may be treated as desertion by the master, and if so treated, it is presumed that a total forfeiture of wages may follow. Formerly under the maritime law there was no power in the Court to modify the penalty (J). See s. 250, p 221, as to how desertion may be proved. It is not desertion if the master or officers, by inhuman treatment, (}) See the judgment of Story, J., in Oloutman v. Tunison, 1 Sumner (Amer. Kep.), 375 ; The Two Sisters, 2 W. Rob. 138 ; Coffin, v. Jenkins, 3 Story (Amer. Rep.) 113. (r) Kent's Commentaries (12th ed., 1873), III. 199 ; Oloutman v. Tunison, 1 Sumner (Amer. Rep.), 375; Miller y. Brant, 2 Camp. 590'; InrjrahamY. Albee, Blatch and H. (Amer. Rep.), 289. (s) The Two Sisters, 2 W. Rob. 138. («) Act of 1790, 0. 29, s. 5. (u) The Amphiti-ite, 2 Hagg. Ad. 403. (x) The Baltic Merchant, Edw. 91 ; The Test,Z Hagg. Ad. .315. iy) The Svlmer, 1 Hagg. Ad. 163 ; The .Jupiter, 2 Hagg. Ad. 221. (z) Boardman v. Brig Elisabeth, 1 Pet. Ad. (Amer. Rep!), 128. (a) The Pearl, 5 C. Rob. 224. (6) The Pearl, 5 C. Rob. 230 ; The Blake, 1 W. Rob. 87. SURVEY OF SHIPS. 217 compel the seaman to leave , the ship(c) ; or if. he quits, by pormisBion of, a persoij, , whqpi he reaspna,ljly thought had aj^thorjty to give him leave ((?) ; or, if ^uring a collision, the seaman; under the impression that his own vessel is sinking, Jumps on boajd another ship, and is unable to rejoin hii own(c). Nor is it' desertion to leave the ship because the original voyage has been changed or deviated from (/), or because the provisions are so limited or bad as to cause great hardship (17), unless these events have been broiight-about by stress of weathbr or some other unavoidable cause (A). And if the seaman gets drunk and overstays his leave (i), or if he is imprisoned for some disorderly frolic (/i), or by the, master causing him to be iraprisoned (Q, ,or if he is .left behind at a foreign port through his own negligence, his conduct will not be desertion (»»)■ With regard to forfeiture o£ wages for other, clauses, see S; 171, p. 157. If seamen wish to complain of the master, he is obliged to allow them to go on shore for this purpose (see, s. 232, p. 206). See s. S52,'p. 222. as to the'amount' of forfeiture when a seaman has contracted to be paid by the voyage, or by the run, or by the share. 34 & 35 Yict. c. 110, s. 7. — Whenever in any proceeding against any seaman or ' apprentice belonging to any ship for desertioD, or for neglecting or refiisirig to join or to proceed to sea in his ship, or for being 'absent from or quitting the same without leave, it is alleged by one-fourth of the peamen belonging t.o such ship, or, if the number of sucji seamen ex- ceed twenty, by not less than five such seamen, that su,ch ship is, by reason of unseaworthiness, overloading, improper loading, defective 'equipment, or, for any other reason, not in A fit con- dition to proceed to sea, or that the accommodation in such ship is itlsuflficieint, the court having cognizance of the case shall take such means as may be in their power to satisfy themselves concerning the truth or untruth of such allegation, and shall for that purpose receive the evidence of the person or persons making the same, and shall have pdwer to sumnion any 'other' witnesses' whose evidence they may think it desirable to hear; the court shall thereupon, if satisfied that the alle- gation is groundless, proceed to adjudicate, but if not so satis- fied shall cause such ship to be surveyed. , , Provided that no seaman or apprentice chairged with deser- (c) lAmland v., Stephens, 3 Esp. 269; Edward v. Trevellick, 4 E. & B. 59 ; The America, Blatoh& H. (Amer. Rep.), 185. {d) Edward t. TreveUiclc,i "S,. & B. 59 ; The Frederick, 1 Hagg. Ad. 211. (e) Sanson v. Rowdl, 1 Sprague (Amer. Eep.), 117. (/) The Minerva, 1 Hagg. Ad. 388 ; U. S. v. Matthews, 2 Sumner (Amer. Bep.), 470. . {g) The. Castalid, 1 Hagg. Ad. 59 ; Vlary v. Ship Washington, Crabbe (Amer. Bep.), 204. (A) The Cambridge, 2i Hagg. Ad. 247. (j) The Ealing Grove, 2 Hagg. Ad. 16. (k) The Agincom-t, 1 Hagg. Ad" 281. (I) The Westmoreland, 1 W. Rob. 216. (m) Button v. Thompson, L. R. 4 0. P. 330. § 243. Survey of ships alleged hy seamen to be unsea- worthy. Complaint to master must be made first. 218 SURVEYORS POWERS. § 243. Surveyors. Report of survey. tion, or with quitting his ship without leave, shall have any right to apply for a survey under this section unless pre- viously to Ms quitting his ship he has complained to' the master of the circumstances so alleged in justification. For the purposes of this section, the court shall require any of the surveyors appointed by the Board of Trade, under the "Merchant Shipping Act, 1854," or any person appointed for the purpose by the Board of Trade, or, if such surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, then any other im- partial surveyor appointed by the court, and having no interest in the ship, her freight, or cargo, to survey the ship, and to answer any question concerning her which the court may think fit to put. Such surveyor or other person shall survey the ship, and make his report in writing to the court, including an answer to every question put to him by the court. The court shall cause such report to be communicated to the parties, and unless it is proved to the satisfaction of the court that the opinions expressed in such report are erroneous, the court shall determine the questions before them in accordance with those opinions. For the purpose of such survey, a surveyor shall have all the powers of an inspector appointed by the Board of Trade, under the "Merchant Shipping Act, 1854" (see sec. 15, p. 12). The costs (if any) of the survey shall be determined by the Board of Trade according to a scale of fees.to be fixed by them, and shall be paid in the first instance out of the Mercantile Marine Fund. .If it is proved to the satisfaction of the court that the ship is in a fit condition to proceed to sea, or, as the case may be, that the accommodation is sufficient, the costs of the survey shall be paid by the person or persons upon whose demand, or in consequence of whose allegation, the survey was made, and may be deducted by the master or owner out of the wages due or to become due to such person or persons, and shall be paid over to the Board of Trade. If it is proved that the ship is not in a fit condition to pro- ceed to sea, or, as the case may be, that the accommodation is insufficient, the costs of the survey shall be paid to the Board of Trade by the master or owner. Sending an unaeaworthy ship to sea is now made a misdemeanor, and it lies on the person so sending her, to prove that he used all reason- able means to insure her going to sea in a seaworthy condition (see the " Merchant Shipping Act, 1876," s. i, under s. 291, p. 24i). Compensation 36 & 37 Vict. c. 85, s. 9. — If a seaman or apprentice be- to seamen for longing to any ship is detained on a charge of desertion or any unnecessary tij^jjed offence, and if upon a survey of the ship being made Powers of sur- veyor. Costs. OFFENCES OF SEAMEN. 219 under section seven of the " Merchant Shipping Act, 1871," it |§ is proved that she is not in a fit condition to proceed to sea, or 243-245. that her accommodation is insufficient, the owner or master of the ship shall be liable to pay to such seaman or apprentice detention on such compensation for his detention as the court having cog- g^rtifn"^'^^' nizance of the proceedings may award. 244. Upon the commission of any of the offences enumerated Entry of in the last preceding section (sec. 243), an entry thereof shall m^deln*" ^^ be made in the official log book, and shall be signed by the official log, master and also by the mate or one of the crew ; and the over o°A^ copy offender, if still in the ship, shall before the next subsequent given to the arrival of the ship at any port, or if she is at the time in port, his^reply ^ii before her departure therefrom, either be furnished with a copy any, to be also of such entry or have the same read over distinctly and audibly ^^ ^^^ ' to him, and may therevipon make such reply thereto as he thinks fit ; and a statement that a copy of the said entry has been so furnished, or that the same has been so read over as aforesaid, and the reply (if any) made by the offender, sball likewise be entered and signed in manner aforesaid ; and in any subsequent legal proceeding the entries hereinbefore, re- quired shall, if practicable, be produced or proved,' and in default of such production or proof 'the court hearing the case may, at its discretion, refuse to receive evidence of the offence. Official forms of log-books are issued by the Board of Trade, and the official log of every ship must be kept in a sanctioned, form (see s. 280, p. 239). " The ship's log is evidence of the highest class (»), so long as it Log as is used against the parties making it, but it cannot be made evidence for evidence, them (o). 245. Every seafaring person whom the master of any ship Seamen whom is, under the authority of this Act or of any other Act of Par- masters of ' ■' 111 ^"^P^ are com- liament, compelled to take on board and convey, and every pelled to person who eroes to sea in any ship without the consent of the "^^^^ey, and ■■^ ° . . persons gomg master or owner or other person entitled to give such consent, on ship with- shall, so long as he remains in such ship be subject to the same ?"* ^ v^\ +° laws and regulations for preserving discipline, and to the same penalties for penalties and punishments for offences constituting or tending ^feaph of to a breach of discipline, to which he would be subject if he were a member of the crew and had signed the agreement. (m) L'EtoOe, 2 Dods. Ad. 113. (o) The Sociedade Feliz, 1 W. Rob. 113 ; The Eleanor, Edw. 163. 220 DESERTION. §§ With respect to the master's authority oyer the crew, see s. 238, 846. 247. P'2°^- Master or '^^^- Whenever; either at the commencement or during the owner may progress of any voyagfe, any seaman or apprentice neglects or deserters with- refuses to join, or deserts from or refuses to proceed to sea in, out warrant, any shdp in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master or any mate, or the owner, ship's husband, or consignee, may, in any place in Her Majesty's dominions with or without the assistance of the local police ofiScers or constable?, who are hereby directed. to giye the sanie, if required, and also at. any place out of Her Majesty's dominions, if and so far as the laws in force at such place will permit, apprehend him without first procuring a warrant ; and may thereupon in any case, and. shall in case he so requires and it is practicable, convey him before some court capable of taking cognizance of the matter, to. be dealt, with. according to law; and may for the: purpose of conveying ;him before such court, detain him in custody for a period, not exceeding twenty-four hours or such shorter time as may be necessary, or may, ,if he does not so require, or if there is no such court at or, near the place, at, pnce convey him on board ; and if any such apprehension appears to the court before which the case. is brought to have been made on improper or on insuiEcient grounds,' the master, mate, owner, ship's husband, .or consignee who makes the same or causes the same to be made, shall incur a penalty not exceeding twenty pounds ; but such penalty, if inflicted, shall be a bar to any action for false imprisonment in respect of such apprehension, deserters may 247. Whenever any seaman or apprentice is brought before boarTL°Ueu any court oH the ground of his having neglected or refttSed of being im- ttf join or to proCeed to sea in any ship in which he is en- pnsoned. gaged tO serve, or of having deserted ot otherwi-se iabsented himself therefrom without leare, such court may, if the master or the owner or his agent so requires, instead of committing the offender to prison, cause him to be conveyed on board for the purpose of proceeding -on the voyage, or deliver' him to the master or any mate of the' ship, or the owner or his agent, to be by them so conveyed, and maj in such case order any costs and expenses properly incurred by or on behalf of DESERTION. 221 the master or owner by reason of the offence to be paid by §§ the offender, and, if necessary, tb be deducted from ^ny wages 347-350. which he has then earned^ bi' which by virtue of his then existing engagement he ma^ afterwards earn. 248. If any seaman' or 'apprentice is iniprisoned on the Seamen im- , J. t . , . 1 .„. .... prisoned for grouna oi his having neglected or refused to jotn or to pro- desertion or ceed to sea in any ship in which he is eha'a>!;ed to serve, or treaohofdis- i 1 ,, ., if. in, n ciplme may Be or having" deserted or otherwise absented himselr theretrom sent on board without leave, or of his having committed any other breach before termi- of discipline, and if during such imprisonment and before his sentence. engagement is at an end his services are required on board his ship, any justice may, at the request of the master or of the owner or his agent, cause such seaman or apprentice to be conveyed on board his said ship for the purpose of pro- ceeding on the voyage, or to be delivered to the master or any mate of the ship or to the owner or his agent, to bfe by them so conveyed, notwithstanding that the termination of the period for which he was sentenced to imprisonment has not arrived. 249. In all cases of desertion from any ship in any place Entries and abroad the master shall produce the entry of such desertion ^f ^eser- in the official log-book to the person or persons hereby required ^^io^ abroad to indorse on the agreement a certificate of such desertion ; and gen^ home ' such person or persons shall thereupon make and certify a copy and admitted of such entry and also a copy of the said certificate of deser- tion ; and if such person is a public funbtionaty he shall, and in other cases the said master shall forthwith transinit such copies to the Registrar-General of Shipping and Seamen' in England : and the said registrar shall, if required, cause the same to be produced in any legal proceeding ; and such copies, if purporting to be so made and certified as aforesaid, and certified to have come from the custody of the said registrar, shall in any legal proceed!ing relating to such desertion be received as evidence of the entries therein appearing. 250. Whenever a question arises whether the wages of any Facilities for seaman or apprentice are forfeited for desertion, it shall be ^ertionfstV sufficient for the party insisting on the forfeiture to show that as concerns such seaman or apprentice was duly engaged in or that he be- ^^ges!'^'^'^ °^ longed to the ship from which he is alleged to have deserted, and that he quitted such ship before the completion of the voyage or engagement, or if such voyage was to terminate in 222 FORFEITURES FOR DESERTION. 250-253, Costs of pro- curing im- prisonment may to tlie extent of 31. be deducted from wages. Amount of forfeiture how to be ascer- tained when seamen con- tract for the voyage. the United Kingdom and the ship has not returned, that he is absent from her, and that an entry of the desertion has been duly made in the official log-book ; and thereupon the deser- tion shall, so far as relates to any forfeiture of wages or emolu- ments under the proyisions hereinbefore contained, be deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge, or can otherwise show to the satisfaction of the court that he had sufficient reasons for leav- ing his ship. 251. Whenever in any proceeding relating to seamen's wages it is shown that any seaman or apprentice has in the course of the voyage been convicted of any offence by any competent tribunal and rightfully punished therefor by imprisonment or otherwise, the court hearing the case may direct a part of the wages due to such seaman, not exceeding 31„ to be applied in reimbursing any costs properly incurred by the master in pro- curing such conviction and punishment. 252. Whenever any seaman contracts for wages by the voyage or by the run or by the share, and not by the month or other stated period of time, the amount of forfeiture to be in- curred under this Act shall be taken to be an amount bearing the same proportion to the whole wages or share as a calendar month or other the period hereinbefore mentioned in fixing the amount of such forfeiture (as the case may be) bears to the whole time spent in the voyage ; and if the whole time spent in the voyage does.not exceed the period for which the pay is to be forfeited, the forfeiture shall extend to the whole wages or share. With regard to the rules regulating wages in general, see s. 181, p. et seq. 165 Application of forfeitures. 253. All clothes, effects, wages, and emoluments whiqh under the provisions hereinbefore contained are forfeited for deser- tion shall be applied in the first instance in or towards the reimbursement of the expenses occasioned by such desertion to the master or owner of the ship from which the desertion has taken place ; and may, if earned subsequently to the desertion, be recovered by such master, or by the owner or his agent, in the same manner as the deserter might have recovered the same if they had not been forfeited ; and in any legal proceeding relating to such wages the court may order the same to be FORFEITURES AND FINES. . 223 paid accordingly ; and subject to such reimbursement the same § § shall be paid into the receipt of Her Majesty's exchequer in 253-256. such manner as the Treasury may direct, and shall be carried to and form part of the Consolidated Fund of the United Kingdom ; and in all other cases of forfeiture of wages under the provisions hereinbefore contained the forfeiture shall, in the absence of any specific directions to the contrary, be for the benefit of the master or owner by whom the wages are payable. See under s. 171, p. 157, as to forfeiture of wages generally. 254. Any question concerning the forfeiture of or deductions Questions of from the wages of any seaman or apprentice may be determined forfeitiu-es in any proceeding lawfully instituted with respect to such oided in suits wages, notwithstanding that the offence in respect of which for wages. such question arises, though hereby made punishable by im- prisonment as well as forfeiture, has not been made the siibjecfc of any criminal proceeding, 255. If any seaman on or before being engaged, wilfully and Penalty for fraudulently makes a false statement of the name of his last ^e^ta's^to la t ship or last alleged ship, or wilfully and fraudulently makes a ship or name. false statement of his own name, he shall incur a penalty not exceeding hi. ; and such penalty may be deducted from any wages he may earn by virtue of such engagement as aforesaid, and shall, subject to reimbursement of the loss and expenses (if any) occasioned by any previous desertion, be paid and applied in the same manner as other penalties payable under this Act. 256. Whenever any seaman commits an act of misconduct Fines to be for which his agreement imposes a fine, and which it is in- deducted from tended to punish by imposing such fine, an entry thereof shall paid to super- be made in the official log-book, and a copy of such entry shall mtendent. be furnished or the same shall be read over to the offender, and an entry of such reading over, and of the reply (if any) made by the offender shall be made, in the manner and subject to the conditions hereinbefore specified with respect to the offences against discipline specified in and punishable under this Act ; and such fine shall be deducted and paid over as follows (that is to say) : if the offender is discharged in the United Kingdom, and the offence and such entries in respect thereof as aforesaid are proved, in the case of a foreign-going 224 PENALTY FOR HARBOURING DESERTERS. 356-358 Penalty. Penalty for enticing to desert, and harbouring deserters. Penalty for obtaining pas- sage surrep- titiously. ship to the satisfaction of the superintendent of a mercantile marine office before whom the offender is discharged, and in the case of a home-trade ship to the satisfaction of the superin- tendent at or nearest to the place at which the crew is dis- charged, the master or owner shall deduct such fine from the wages of the offender, and pay the same over to such superln- tiendent ; and if before the final discharge of the crew in the United Kingdom any such offender as aforesaid enters into any of Her Majesty's ships, or is discharged abroad, and the offence and such entries as aforesaid are proved to the satisfaction of the officer. in command of the ship into which he so enters, or of the consular officer, officer of customs, or otter person by whose sanction he is so discharged, the fine shall ihereupbn be deducted as aforesaid, and an entry of such deduction shall then be made in the official log-book (if any) and signed by such officer or other person ; and on the return of the ship to the United Kingdom the master or owner shalt paly over such ' fine, in the case of foreign-going ships to the- superintendent before wlibm the crew is discharged, and in the case of liome trade ships to the superintendent at bv nearest to the place at which the crew is discharged; and if any master or owner neglects or refuses to pay over any such fine in manner, afore- Siiid, he, shall for each such ofl'ence incur a penalty not exceed- ing six tiines the amount of the fine retained" by him : Pro- vided that no act of misconduct for which any such fine as aforesaid has been infiicted and paid shall be otherwise punished under the provision of this Act. 257. Every person who by , any means whatever persuades or attempts to persuade 'any'seaiian or &,ppr^eritice to h^glt'ctor refuse to join or to proceed' to sea ih or to desert from hik'ship, or otherwise to absent himself from his duty, shall for each such offence in respect of each such seaman or apprentice incur a penality hot exceeding lOZ. ; and every person who wilfully harbours or Secretes any seaman or apprentice who has deserted from his ship, or who has wilfully neglec'tecl oi-'refiisfed' to join or has deserted from his ship, knowing or having reason to believe such seaman or apprentice to have so done, shall' for eveiy such seaman or apprentice so harboured' or secreted incur a penalty not exceeding 201. 258. Any person who secretes himself and goes to sea in any ship without the consent of eithet the owherj cohsignee, CHANGE OF MASTER DURING VOYAGE. 225 or master, or of a mate, or of any person in charge of such §§ ship, or of any other person entitled to give such consent, 258, S59. shall incur a penalty not exceeding 20?. or be liable to impri- sonment with or without hard labour for any period not ex- ceeding four weeks. See also s. 18, of the " Passengers Act, 1855," p. 485. 259. If during the progress of a voyage the master is On change of superseded or for any other reason quits the ship and is sue- mente hereby' oeeded in the command by some other person, he shall deliver required to be to his successor the various documents relating to the naviga- ^ guocesJo?. tion of the ship and to the crew thereof which are in his cus- tody, and shall in default incur a penalty not exceeding lOOl. ; and such successor shall immediately on assuming the com- mand of the ship enter in the official log a list of the docu- ments so delivered to him. Cluinge of Master during Voyage. CircumBtanoes sometimes arise which render it necessary that the master should be removed from, or should, on his own account, quit the ship during a voyage. If a master dies while the ship is at sea, or any particular circumstance occurs, such as insanity, that renders him utterly incompetent to the discharge of his duties, the first mate succeeds to the command as a matter of course (^), or as a haeres necessarins according to the maritime law (j) ; and he is invested with the same authority, duty, and responsibility as his predecessor (?■)• As a rule the consent of the owners is necessary to ratify the appoint- ment of a new master ; but where, from pressing necessity, other parties interested in the ship or cargo have appointed a new master, the Courts will strain hard to support the appointment, provided the transaction should appear to have been conducted with perfect integrity (s). In one case, where the master deserted during the voyage, the consignees of the cargo appointed a successor («) ; in another, a ship was seized by pirates, and the master murdered, she was then rescued by one of Her Majesty's vessels and the commander appointed a new master (<) ; a British consul has made such an appointment («), and all these appointments have been held to be valid. But the circumstances under which it may be neces- sary that there should be a new master are so various, that no general rule can be laid down as to the authority of persons not the owners to appoint him, the really important matter is that they should act bond Mate is the master's suc- cessor. Consent of owners. (p) The Tecwmseh, 3 W. Rob. 145 ; The George, 1 Sumuer (Amer. Eep.) 151. (o) The Favourite, 2 C. Eoh. 237. {r) Hanson v. Hoyden, L. R. 3 G. P. 49 ; 3 Mar. Law Cas. 8. (s) The Alexander, 1 Dods. Ad. 281. (i) The Segredo or Miza Cornish, 17 Jur. 740. («) The Zodiac, 1 Hagg. Ad. 320. 226 NAVAL COURTS ON HIGH SEAS AND ABROAD. § § fide, and for the benefit of all concerned (as). A change of master must 260-262 ^^ endorsed on the certificate of registry (see s. 46, p. 47), As to the discharge of a master, see s. 240, p. 209. Naval Courts may be sum- moned for hearing com- plaints, and investigating wrecks on the high seas or abroad. Constitution of such courts General func- tions and Naval Courts on the High Seas and Abroad. 260. Any officer in command of any ship of Her Majesty on any foreign station, or, in the absence of such officer, any consular officer, may summon a Court, to be termed a " Naval Court," in the following cases (that is to say) : (1.) Whenever a complaint which appears to such officer to require immediate investigation is made to him by the master of any British ship, or by any certificated mate, or by one or more of the seamen belonging to any such ship : (2.) Whenever the interest of the owner of any British ship or of the cargo of any such ship appears to such officer to require it : (3.) Whenever any British ship is wrecked or abandoned, or otherwise lost at or near the place where such officer may be, or whenever the crew or part of the crew of any British ship which has been wrecked, abandoned, or lost abroad, arrives at such place. 261. Every such Naval Court as aforesaid, shall consist of not more than five and not less than three members, of whom, if possible, one shall be an officer in the naval service of Her Majesty not below the rank of lieutenant, one a consular officer, and one a master of a British merchant ship, and the rest shall be either officers in the naval service of Her Majesty, masters of British merchant ships, or British merchants ; and such Court may include the naval or consular officer summoning the same, but shall not include the master or consignee of the ship to which the parties complaining or complained against may belong ; and the naval or consular officer in such Court, if there is only one such officer in the Court, or, if there is more than one, the naval or consular officer who, according to any regulations for settling their respective ranks for the time being in force, is of the highest rank, shall be the president of such Court. 262. Every such Naval Court shall hear and investigate the (k) The Cynthia, 16 Jur. 748. POWERS OF NAVAL COURTS. 227 complaint brought before it, or the cause of the wreck or §§ abandonment (as the case may be); and may for that purpose 262, 263. summon and compel the attendance of parties and witnesses, ^^^^ ^f action and administer oaths, and order the production of documents, of suoli courts. and shall conduct the investigation in such manner as to give any person against whom any charge is made, an opportunity of making a defence. 263. Every such Naval Court may, after hearing the case, Powers of exercise the following powers (that is to say) : ^^° "^"^'^ " (1.) It may, if unanimous that the safety of the ship or crew, To supersede or the interest of the owner, absolutely requires it, ** ™^^ "^ ' supersede the master, and may appoint another person to act in his stead ; but no such appointment shall be made without the consent of the consignee of the ship, if then at the place : (2.) It may discharge any seaman from his ship : To discharge (3.) It may order the wages of any seaman so discharged or ' ^^^^^ ■ any part of such wages to be forfeited, and may direct ^ao^s : the same either to be retained by way of compensation to the owner, or to be paid into the receipt of Her Majesty's Exchequer in the same manner as other penalties and forfeitures under this Act : (4.) It may decide any questions as to wages, or fines, or for- Jp decide feitures, arising between any of the parties to the wao^es, &c. . proceedings : (5.) It may direct that all or any of the costs incurred by To direct costs , , , „ i_ ■ • • ii. • ol imprison- the master or owner of any ship m procurmg the im- ment to be prisonment of any seaman or apprentice in a foreign V^^^ out of port, or in his maintenance whilst so imprisoned, shall be paid out of and deducted from the wages of such seaman or apprentice, whether then or subsequently earned : (6.) It may exercise the same powers with regard to persons To send home charged before it with the commission of offences at ^pj^j . sea or abroad as are by this Act given to British consular officers : (7.) It may order the costs of the proceeding before it (if To order pay- any), or any portion thereof, to be paid by any of the m^nt of costs, parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby ; and any cost or Q 2 228 POWERS OF NAVAL COURTS. § § compensation so ordered shall be paid by such person 263-265. accordingly, and may be recovered in the same manner in which the wages of seamen are recoverable, or may, if the case admits, be deducted from his wages : And all orders duly made by any such Court under the powers hereby given to it, shall in any subsequent legal proceedings be deemed conclusive as to the rights of the parties. Xhe powers of superseding the master given to " any Court having Admiralty jurisdiction in Her Majesty's dominions" are different to those conferred on a Naval Court (see s. 240, p. 209) A complaint to an Admiralty Court must be by one-third of the seamen, whereas s. 260 allows one seaman to apply to a Naval Court, There are also other points of diEEerence. 34 & 35 Vict. c. 110, s. 8. — Any Naval Court may, if they think fit, direct a survey of any ship which is the subject of an investigation held before them, and such survey shall be made in the same way, and the surveyor who makes the same shall have the same powers, as if the survey had been directed by a competent Court in the course of proceedings against a seaman or apprentice for desertion or a kindred offence. 264. All orders made by any such Naval Court shall, whenever practicable, be entered in the official log book of the ship to which the parties to the proceedings before it belong, and shall be signed by the president of the court. 265. Every such Naval Court shall make a report to the Board of Trade, containing the following particulars ; (that is to say,) (1.) A statement of the proceedings, with the order made by the court, and a report of the evidence : (2.) An account of the wages of any seaman or apprentice who is discharged from his ship by such court : Wrecks. (3.) If summoned in order to inquire into a case of wreck or abandonment, a statement of the opinion of the court as to the cause of such wreck or abandonment, with such remarks on the conduct of the master and crew as the circumstances require : And every such report shall be signed by the president of the court ; and every document purporting to be such a report and to be so signed as aforesaid shall, if produced out of the custody of some oflBcer of the Board of Trade, be deemed to be such report, unless the contrary is proved, and shall be received in evidence, subject to all just exceptions. Power for Naval Courts to direct sur- vey Orders to be entered in official log. Report to be made of pto- oeedings of naval courts. POWERS OF NAVAL COURTS. 229 266. Any per son who wilfully and without due cause pre vents § § or obstructs the making of any such complaint as last afore- 266, 267. said, or the conduct of any case or investigation by any Naval penaitv for Court, shall for each such offence incur a penalty not exceed- preventing ing 50?., or be liable to imprisonment with or without hard "^^truttin °^ labour for any period not exceeding twelve weeks. investigation. 18 & 19 Vict. c. 91,8.18. — Any Naval Court summoned, Additional under the provisions of the Merchant Shipping Act, 1854, to powers of hear any complaint touching the conduct of the master or any ^"^^^ courts, of the crew of any ship, shall, in addition to the powers given to it by the said Act, have power to try the said master or any of the said crew for any offences against the Merchant Ship- ping Act, 1854, in respect of which two justices would, if .the case were tried in the United Kingdom, have power to convict summarily, and by order duly made to inflict the same punish- ments for such offences which two justices might in the case aforesaid inflict upon summary conviction ; provided, that in cases where an offender is sentenced to imprisonment the sen- tence shall be confirmed in writing by the senior naval or con- sular officer present at the place where the court is held, and the place of imprisonment, whether on land or on board ship, shall be approved by him as a proper place for the purpose, and copies of all sentences made by any Naval Court summoned to hear any such complaint as aforesaid shall be sent to the com- mander-in-chief or senior naval ofBcer of the station. Crimes committed on the High Seas and abroad. 267. All offences against property or person committed in or Offences com- at any place either ashore or afloat out of Her Majesty's do- B^fyg^^^ minions by any master, seaman, or apprentice who at the time seamen at when the offence is committed is or within three months pre- toT^within viously has been employed in any British ship shall be deemed admiralty to be offences of the same nature respectively, and be hable to J^"S'i^'=*i°^- the same punishments respectively, and be inquired of, heard, tried, determined, and adjudged in the same manner and by the same courts and in the same places as if such offences had been committed within the jurisdiction of the Admiralty of England ; and the costs and expenses of the prosecution of any such offence may be directed to be paid as in the case of costs and expenses of prosecutions for offences committed within the jurisdiction of the Admiralty of England. This section extends only to masters, seamen, or apprentices, but the fact that they can be tried in England for offences committed in some foreign 230 CRIMES ON HIGH SEAS OR ABROAD. §§ 267, 268. Conveyance of offenders and witnesses to United Kingdom or some British possession. Consul to make en- quiries. Consul may require any master to convey ■wit- nesses or offenders. Offenders to be delivered to constable. country within three months of their having been employed in any British ship, does not give our Courts any authority to cause the offender to be brought here. All systems of law require that oSences should be punished where they are committed, and there is no obligation on any foreign country to deliver up a person who has committed a crime in that country. (See Part X. as to crimes committed on-the high seas by any British subjects, p. 438 et seq.) 268. The following rules shall be observed with respect to offences committed on the high seas or abroad ;, (that is to say,) (1.) Whenever any complaint is made to any British con- sular officer of any of the offences mentioned in the last preceding section, or of any offence on the high seas having been committed by any master, seaman, or ap- prentice belonging to any British ship, such consular officer may inquire into the case upon oath, and may if the case so requires take any steps in his power, for the purpose of placing the offender under necessary restraint and of sending him as soon as practicable in safe cus- tody to the United Kingdom, or to any British posses- sion in which there is a court capable of taking cogniz- ance of the offence, in any ship belonging to Her Ma- jesty or to any of her subjects, to be there proceeded against according to law : (2.) For the purpose aforesaid such consular officer may order the master of any ship belonging to any subject of Her Majesty bound to the United Kingdom or to such British possession as aforesaid to receive and afford a passage and subsistence during the Toyage to any such offender as aforesaid, and to the witnesses, so that such master be not required to receive more than one offender for every one hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of such tonnage ; and such consular officer shall indorse upon the agreement of the ship such particulars with respect to any offenders or witnesses sent in her as the Board of Trade requires : (3.) Every such master shall on his ship's arrival in the United Kingdom, or in such British possession as afore- said, give every offender so committed to his charge into the custody of some police officer or constable, who shall take the offender before a justice of the peace or other DEATH ON BOARD. 231 magistrate by law empowered to deal with the matter, §§ and such justice or magistrate shall deal with the SG8-270. matter as in cases of offences committed upon the high seas : And any such master as aforesaid who, when required by any Penalty for British consular officer to receive and afford a passage and sub- "°.ii-<'0"i- . r b pliance. sistence to any offender or witness, does not receive him and afford such passage and subsistence to him, or who does not deliver any offender committed to his charge into the custody of some police officer or constable as hereinbefore directed, shall for each such offence incur a penalty not exceeding 50^. ; and the expense of imprisoning any such offender and of conveying him and the witnesses to the United Kingdom or to such British possession as aforesaid in any manner other than in the ship to which they respectively belong, shall be part of the costs of the prosecution, or be paid as costs incurred on account of seafaring subjects of Her Majesty left in distress in foreign parts. 269. Whenever any case of death happens 'on board any Inquiry into „ . . i- J.1 • J. J J. i- ii i-i cause of death foreign-going ship, the superintendent Oi the mercantile ^n toard. marine office shall on the arrival of such ship at the port where the crew is discharged inquire into the cause of such death, and shall make on the list of the crew delivered to him as herein required an indorsement to the effect either that the statement of the cause of death therein contained is in his opinion true or otherwise, as the result of the inquiry requires ; and every such superintendent shall for the purpose of such inquiry have the powers hereby given to inspectors appointed by the Board of Trade under the first part of this Act ; and if in the course of such inquiry it appears to him that any such death as aforesaid has been caused by violence or other improper means, he shall either report the matter to the Board of Trade, or, if the emergency of the case so requires, shall take immediate steps for bringing the offender or offenders to justice. 270. Whenever in the course of any legal proceedings insti- Depositions to tuted in any part of Her Majesty's dominions before any judge evideMe'^wh^ or magistrate, or before any person authorised by law or by witness consent of parties to receive evidence, the testimony of any p^Xce^d! witness is requu-ed in relation to the subject matter of such proceeding, then upon due proof, if such proceeding is insti- 232 REGISTRATION OF SEAMEN. When not admissible. § § tuted in the United Kingdom, that such witness cannot be 270, 371. found in that kingdom, or if in any British possession, that he cannot be found in the same possession, any deposition that such witness may have previously made on oath in relation to the same subject matter before any justice or magistrate in Her Majesty's dominions, or any British consular officer else- where, shall be admissible in evidence subject to the following restrictions ; (that is to say,) (1.) If such deposition was made in the United Kingdom, it shall not be admissible in any proceeding instituted in the United Kingdom : (2.) If such a deposition was made in any British possession, it shall not be admissible in any proceeding instituted in the same British possession : (3.) If the proceeding is criminal it shall not be admis- sible unless it was made in the presence of the person accused : Every deposition so made as aforesaid shall be authenticated by the signature of the judge, magistrate, or consular officer, before whom the same is made ; and such judge, magistrate, or consular officer shall, when the same is taken in a criminal flatter, certify, if the fact is so, and that the accused was present at the taking thereof, but it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition ; and in any criminal proceeding such certificate as aforesaid shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified ; but nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any Act of Parliament, or by any Act or Ordinance of the legisla- ture of any colony, so far as regards such colony, or to interfere with the power of any colonial legislature to make such depo- sitions admissible in evidence, or to interfere with the practice of any court in which depositions not authenticated as herein- before mentioned are admissible. Must be authenticated, Establish- ment of register office. Registration of and Returns respedinig Seamen. See s. 109, p. 106, as to exemptions from this part of the Act. 271. There shall be in the port of London an office, to be called the " General Eegister and Kecord Office of Seamen," REGISTRATION OF SEAMEN. 233 and the Board of Trade shall have control over the same, and §§ may appoint and from time to time remove a registrar general, S71-S73. and such assistants, clerks, and servants as may be necessary, and may from time to time, with the consent of the Treasury, regulate their salaries and allowances ; and such salaries and allowances, and all other necessary expenses, shall be paid by the Treasury out of any monies to be granted by Parliament for that purpose ; and the Board of Trade may direct the busi- ness of the Kegister Oifice at any of the outports to be trans- acted at the Mercantile Marine Office, or, with the consent of the Commissioners of Customs, at the custom house of the port, and may appoint the superintendent of such office, or, with such consent as aforesaid, some officer of customs, to con- duct the same ; and such business shall thereupon be conducted accordingly, but shall in all cases be subject to the immediate control of the Board of Trade. 272. The said Registrar General of Shipping and Seamen Register of shall by means of the agreements, lists, and other papers to be ^^'^'^^ *° ^^ transmitted to him as herein directed, or by such other means as are in his power, keep a register of all persons who serve in ships subject to the provisions of this Act. 273. Every master of every foreign-going ship of which the Lists to be crew is discharged in the United Kingdom, in whatever part ™^^ ^°'^ ^^^ of Her Majesty's dominions the same is registered, and of taining certain every home-trade ship, shall make out and sign a list in a form particulars, sanctioned by the Board of Trade, containing the following particulars ; (that is to say,) (1.) The number and date of the ship's register and her Ship's registered tonnage : register. (2.) The length and general nature of the voyage or em- Voyage. ployment : (3.) The christian names, surnames, ages, and places of Crew. birth of all the crew, including the master and ap- prentices ; their qualities on board, their last ships or other employments, and the dates and places of their joining the ship : (4.) The names of any members of the crew who have Loss of any died or otherwise ceased to belong to the ship, °f'=™^- with the times, places, causes, and circumstances thereof : (5 ) The names of any members of the crew who have been Injuries to \ ■' crew. 234 MAERIAGES, BIRTHS, AND DEATHS ON BOABD. 373, 274. "Wages. Clothes, &o., of deceased seamen. Marriages on board. Lists for foreign- going ships to be delivered to superin- tendents on arrival. maimed or hurt, with the times, places, causes, and circumstances thereof : (6.) The wages due to any of the crew who have died, at the times of their respective deaths : (7.) The clothes and other effects belonging to any of the crew who have died, with a .statement of the manner in which they have been dealt with, and the money for which any of them have been sold : (8.) Repealed ly the Births and Deaths Registration Act, 1874 (37 & 38 Yict. c. 88, s. 54). (9.) Repealed ly the same Act. (10.) Every marriage which takes place on board, with the date thereof, and the names and ages of the parties. 274. In the case of foreign-going ships, the master shall, within forty-eight hours after the ship's arrival at her final port of destination in the United Kingdom, or upon the dis- charge of the crew, whichever first happens, deliver to the superintendent before whom the crew is discharged such list as herein-before required, and if he fails so to do shall for every default incur a penalty not exceeding M. ; and such superintendent shall thereupon give to the master a certificate of such delivery ; and no ofiicer of customs shall clear inwards any foreign-going ship without the production of such certifi- cate, and any such oflQcer may detain any such ship until the same is produced. Eegistration of births and deaths at Master to record birth or death in los-book. Registration of Births and Deaths at Sea: 37 & 38 Vict. c. 88, s. 37.— The provisions of this Act (the Births and Deaths Eegistration Act, 1874), save as is, herein expressly provided, shall not apply to the registration of births and deaths on board a vessel at sea, with respect to which the following provisions shall have effect : (1.) The captain or master of or any other person having the command or charge of a British ship shall, as soon as may be after the occurrence of the birth of a child, or the death of a person on board such ship, record in his log-book or otherwise the fact of such birth or death, and the particulars required by the fourth schedule to this Act, to be registered, concerning such birth or death, or such of them as may be known to him, and shall (unless the ship is one of Her Majesty's ships), upon the arrival of such ship at any port of the REGISTRATION OF BIRTHS AND DEATHS. 235 United Kingdom, or at such other time or place as the Board of Trade may from time to time, with respect to any ship or class of ships, direct, deliver, or send in such form and manner as the Board of Trade may from time to time direct, a return of the facts so recorded to the Registrar General of Shipping and Seamen. (2.) Where a ship which is not a British ship carries pas- sengers to or from any port of the United Kingdom as the port of destination or the port of departure of such ship, the provisions of this section shall apply to the captain or master of or other person having the com- mand or charge of such ship, in like manner as if it were a British ship. (3.) Where the said return is directed by the Board of Trade (whether the ship is British or foreign) to be delivered upon the arrival of the ship, or the discharge of the crew, or otherwise, at any port or place out of the United Kingdom, the Board of Trade may, if they think fit, direct that the return instead of being de- livered to the Registrar General of Shipping and Seamen shall be delivered, and the same shall accord- ingly be delivered, if such port or place is within Her Majesty's dominions, to the superintendent of the mer- cantile marine office or collector of customs at such port or place, and if it is a foreign port or place, to the principal British consular officer at the said foreign port or place, and such superintendent, collector, or officer shall send the same,' as soon as may be, by post or otherwise, to the Registrar General of Shipping and Seamen. (4.) Where it appears from any such return that the father of any child so born, or if the child is a bastard the mother of such child, was a Scotch or Irish subject of Her Majesty, or that any person whose death is men- tioned in such return was a Scotch or Irish subject of Her Majesty, the Registrar General of Shipping and Seamen shall from time to time send a certified copy of so much of the return as relates to such birth or death to the Registrar General of Births and Deaths in Scotland or Ireland, as the case may require. (5.) The Registrar General of Shipping and Seamen shall from time to time send to the Registrar General of Births and Deaths in England a certified copy of every other such return, or of that part of every such return which is not so sent to the Registrar General of Births and Deaths in Scotland or Ireland. (6.) A captain of or other person having charge of one of Her Majesty's ships shall, upon the arrival of any such ship in any port of the United Kingdom, or at § 274. Foreign passenger ships. Return may be delivered to superin- tendent, &o., in some oases. Scotch, or Irish children born. Transmission of returns. Captains of Her Majesty's ships. 236 REGISTRATION OF BIRTHS AND DEATHS. § 274. Returns to be filed. Penalty for non-com- pliance. Application. Meaning of terms. such other time as the Commissioners of the Admiralty may from time to time direct, deliver or send, in such manner and form as the sdd Commis- sioners may from time to time direct, a return of the facts recorded in pursuance of this section to tliat Registrar General of Births and Deaths to whom a copy of such return would, if the ship were a mer- chant ship, be sent under the provisions of this section by the Registrar General of Shipping and Seamen. (7.) Every Registrar General of Births and Deaths to whom a copy of any return or a return is sent in pursuance of this section shall cause the same to be iiled and preserved in or copied in a book to be kept by him for the purpose, and to be called a marine register book, and such book shall be deemed to be a certified copy of a register book within the meaning of the Acts relating to the registration of births and deaths in England, Scotland, and Ireland respectively. (8.) Every captain or master of or other person having charge of a ship who fails to comply with this section shall be liable to a penalty not exceeding five pounds for each offence ; and such penalty may be recovered in the same courts and places and in the like manner, and when recovered shall be apphed in like manner, as a penalty under the Merchant Shipping Act, 1854. (9.) This section shall extend to all places and persons within British jurisdiction. (10.) Terms in this section shall have the same meaning as in the Merchant Shipping Act, 1854 FOURTH SCHEDULE. Particulars to he regigtereA hy Captain of a Ship ooncerning a Birth at Sea. Date of birth. Name (if any) and sex of the child. Name and surname, and rank, profession, or occupation of the father. Name and surname, and maiden surname of mother. Nationality and last place of abode of the father and mother. Particula/rs to be registered Try Ca/ptaAnof a Ship concerning a Death at Sea. Date of death. Name and surname. Sex. Age. Rank, profession, or occupation. Nationality and last place of abode. Cause of death. LISTS TO BE SENT HALF-YEARLY. 237 275. The master or owner of every home-trade ship shall, §§ within twenty-one days after the thirtieth day of June and the 275-377. thirty-first day of December in every year, transmit or deliver Lists to be to some superintendent of a mercantile marine office in the delivered by United Kingdom such list as hereinbefore required for the pre- gh^g half.'' ceding half year, and shall in default incur a penalty not ex- yearly. ceeding 51. ; and such superintendent shall give to the master or owner a certificate of such transmission or delivery ; and no officer of customs shall grant a clearance or transire for any home trade ship without the production of suiih certificate, and any such officer may detain any such ship until the same is produced. See s. 273, p 233, as to what such lists must contain. 276. If any ship ceases by reason of transfer of ownership or Lists to be change of employment to fall within the definition of a foreign- ^^ q^"™*^ ^" going or of a home-trade ship, the master or owner thereof transfer of shall, if such ship is then in the United Kingdom, within one ^as^of'fog™ month, and if she is elsewhere, within six months, deliver or transmit to the superintendent at the port to which the ship has belonged such list as hereinbefore mentioned, duly made out to the time at which she ceased to be a foreign-going or home-trade ship, and in default shall for each ofi'ence incur a penalty not exceeding lOl. ; and if any ship is lost or aban- doned, the master or owner thereof shall, if practicable, as soon as possible, deliver or transmit to the superintendent at the port to which the ship belonged such list as hereinbefore mentioned duly made out to the time of such loss or aban- donment, and in default shall for each offence incur a penalty not exceeding lOl. 277. All superintendents and officers of customs shall take Superinten- charge of all documents which are delivered or transmitted to other^^cers or retained by them in pursuance of this Act, and shall keep to transmit them for such time (if any) as may be necessary for the pur- j "^Xa?.*' *° pose of settling any business arising at the place where such documents come into their hands, or for any other proper purpose, and shall, if required, produce them for any of such purposes, and shall then transmit them to the Registrar General Eegistrar to of Shipping and Seamen, to be by him recorded and preserved ; permit in- and the said registrar shall, on payment of a moderate fee to be produce' fixed by the Board of Trade, or without payment of any fee originals, and 238 AGEEEMENTS TO BE DEPOSITED WITH CONSUL. §§ 277-379, Officers of customs to make returns of ships to registrar. indentures, and assign- ments, on arrival at a foreign port to be depo- sited with the consul, and at a colony with the officers of customs. Consul to keep them during ship's Indorsement if the Board of Trade so directs, allow any person to inspect •the same ; and in cases in which the production of the original of any such documtot in any court of justice or elsewhere is essential, shall produce the same, and in other cases shall make and deliver to any person requiring it a certified copy of any such document or of any part thereof; and every copy pur- porting to be so made and certified shall be received in evi- dence, and shall have all the effect of the original of which it purports to be a copy. 278. The collector or comptroller of customs at every port in the United Kingdom shall on or before the first day of February and the first day of August in every year transmit to the Kegistrar General of Shipping and Seamen a list of all ships registered in such port, and also of all ships whose registers have been transferred or cancelled in any such port since the last preceding return. 279. The following rules shall be observed with. respect to the delivery of documents to British consular oflicers ; (that is to say,) (1.) Whenever any ship, in whatever part of Her Majesty's dominions the same is registered (except ships whose business for the time being is to carry passengers), arrives at any foreign port where there is a British consular ofiicer, or at any port in any British possession abroad, and remains thereat for forty-eight hours, the master shall, within forty-eight hours of the ship's arrival, deliver to such consular ofB.cer, or to the chief ofiicer of customs (as the case may be), the agreement with the crew, and. also all indentures and assignments of apprenticeships, or, in the case of a ship belonging to a British possession, such of the said documents as such ship is provided with. (2.) Such officer shall keep such documents during the ship's stay in such port, and, in cases where any in- dorsements upon the agreement are hereby required, shall duly make the same, and shall return the said documents to the master a reasonable time before his departure, with a certificate indorsed on the agree- ment, stating when the same were respectively delivered and returned : (3.) If it appears that the required forms have been neg- OFFICIAL LOGS. 239 lected, or that the existing laws have been trans- §§ gressed, such officer shall make an indorsement to that 279-282. effect on the agreement, and forthwith transmit a • „„„„ „f copy of .snch indorsement, with the fullest informa- neglect. tion he can collect regarding such neglect or trans- gression to the Eegistrar-General of Shipping and Seamen : And if any master fails to deliver any such document as afore- Penalty. said he shall for every such default incur a penalty not ex- ceeding 20^. ; and in any prosecution for such penalty it shall lie upon the master either to produce the certificate of the consular officer or officer of customs hereinbefore required, or to prove that he duly obtained the same, or that it was im- practicable for him so to do. Official Logs. See under s. 109, p. 106, as to what classes of vessels are exempt from tlie following provisions : — 280. The Board of Trade shall sanction forms of official log OiBcial logs books, which may be dififerent for different classes of ships, so f°n^g sane-™ that each form contains blanks for the entries hereinafter re- tioned by- quired, and an official log of every ship (except ships employed Trade, exclusively in trading between ports on the coasts of the United Kingdom) shall be kept in the appropriate sanctioned form ; and such official log may, at the discretion of the master or owner, either be kept distinct from the ordinary ship's log or united therewith, so that in all cases all the blanks in the official log be duly filled up. 281. Every entry in every official log shall be made as soon Eub-ies to be as possible after the occurrence to which it relates, and if not ^^^^ ^"^ ^'^^ made on the same day as the occurrence to which it relates shall be made and dated so as to show the date of the occur- rence and of the entry respecting it ; and in no case shall an entry therein in respect of any occurrence happening pre- viously to the arrival of the ship at her final port of discharge be made more than twenty-four hours after such arrival. 282. Every master of a ship for which an official log book is Entries hereby required shall make or cause to be made therein entries "^^H^^,^^ ^° of the following matters ; (that is to say,) (1.) Every legal conviction of any member of his crew, and Convictions, the punishment inflicted : 240 OFFICIAL LOGS. § § (2.) Every oflfence committed by any member of his crew 282, 283. for -which it is intended to prosecute, or to enforce a Offences. forfeiture, or to exact a fine, together with such state- ment concerning the reading over of such entry, and concerning the reply (if any) made to the charge, as hereinbefore required : See s. 244, p. 219, as to the provisions relating to such entry. Punishments. Conduct, &c., of crew. Illnesses and injuries. Marriages. Quitting ship by seaman. Wages of men entering navy. Wages of deceased seamen. Sale of de- ceased men's effects. Collisions. Entries, how to be signed. (3.) Every offence for which punishment is inflicted on board, and the punishment inflicted : (4.) A statement of the conduct, character, and qualifica- tions of each of his crew, or a statement that he declines to give an opinion on such particulars : (5.) Every case of illness or injury happening to any mem- ber of the crew, with the nature thereof and the medical treatment adopted (if any) : (6.) Repealed hj the Births and Deaths Registration Act, 1874 (37 & 38 Vict. c. 88, s. 54). See under s. 274, p. 234. (7.) Repealed by the same Act. (8.) Every marriage taking place on board, with the names and ages of the parties : (9.) The name of every seaman or apprentice who ceases to be a member of the crew, otherwise than by death, with the place, time, manner, and cause thereof : (10.) The amount of wages due to any seaman who enters Her Majesty's service during the voyage : (11.) The wages due to any seaman or apprentice who dies during the voyage, and the gross amount of all de- ductions to be made therefrom : (12.) The sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of' each article sold, and the sum received for it : , (13.) Every collision with any other ship, and the circum- stances under which the same occurred : 283. The entries hereby required to be made in ofiicial log books shall be signed as follows ; that is to say, every such entry shall be signed by the master and by the mate or some other of the crew, and every entry of illness, injury, or death, shall be also signed by the surgeon or medical practitioner on OFFICIAL LOGS. 241 board (if any) ; and every entry of wages due to or of the sale § § of the effects of any seaman or apprentice who dies shall be 283-886. . signed by the master and by the mate and some other member of the crew ; and every entry of wages due to any seaman who enters Her Majesty's service shall be signed by the master, and by the seaman or by the ofiBcer authorised to receive the seaman into such service. 284. The following offences in respect of official log books Penalties in shall be punishable as hereinafter mentioned ; (that is to say,) ^^P?'',*,"^^ (1.) If in any case an official log book is not kept in the if not kept' as manner hereby required, or if any entry hereby directed required, to be made in any such log book is not made at the time and in the manner hereby directed, the master shall for each such offence incur the specific penalty herein mentioned in respect thereof, or where there is no such specific penalty, a penalty not -exceeding bl: (2.) Every person who makes or procures to be made or For entry assists in making any entry in any official log book in ^ , ,?'' ^ P ^ respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival, shall for each such offence incur a penalty not exceeding SQL : (3.) Every person who wilfully destroys or mutilates or False entry renders illegible any entry in any official log book, or °^ omission, who wilfully makes or procures to be made, or assists in making any false or fraudulent entry or omission in any such log book, shall for each such offence be deemed guilty of a misdemeanor. 285. All entries made in any official log book as hereinbefore Entries in directed shall be received in eyidence in any proceeding in any ^^ receivfd in court of justice, subject to all just exceptions. evidence. 286. In the case of foreign-going ships the master shall, Official logs to within forty-eight hours after the ship's arrival at her final J"^ delivered port of destination in the United Kingdom, or upon the dis- tendent. charge of the crew, whichever first happens, deliver to the superintendent before whom the crew is discharged, the official log book of the voyage ; and the master or owner of every home-trade ship, not exclusively employed in trading between ports on the coasts in the United Kingdom, shall within twenty-one days after the thirtieth day of June and the thirty- first day of December in every year, transmit or deliver to 242 EAST INDIES AND COLONIES. 286-S89. Penalty. Official logs to be sent home in case of transfer of ship, and iu case of loss. some superintendent in the United Kingdom the official log book for the preceding half year ; and every master or owner who refuses or neglects to deliver his offtcial log book as hereby required, shall be subject to the same consequences and liabilities to which he is hereby made subject for the non- delivery or the list of his crew hereinbefore mentioned. 287. If any ship ceases by reason of transfer of ownership or change of employment to fall within the definition of a foreign- going or a home-trade ship, the master or owner thereof shall, if such ship is then in the United Kingdom, within one month, and if she is elsewhere, within six months, deliver or transmit to the superintendent of the mercantile marine office at the port to which the ship belonged, the official log book (if any) duly made out to the time at which she ceased to be a foreign-going or home-trade ship, and in default shall for each offence incur a penalty not exceeding 101. ; and if any ship is lost or abandoned, the master or owner thereof shall, if prac- ticable, and as soon as possible, deliver or transmit to the superintendent at the port to which the ship belonged, the ofBcial log book (if any) duly made out to the time of such loss or abandonment, and in default shall for each offence incur a penalty not exceeding 10?. Provisions of Act as applied by East Indian and colonial governments to their own ships, may be enforced throughout the empire. East Indies and Oohnies. 288. If the Governor-General of India in council, or the respective legislative authorities in any British possession abroad, by any Acts, Ordinances, or other appropriate legal means, apply or adapt any of the provisions in the third part of this Act contained to any British ships registered at, trading with, or being at any place within their respective jurisdictions, and to the owners, masters, mates, and crews thereof, such provisions, when so applied and adapted as aforesaid, and as long as they remain in force, shall in respect of the ships and persons to which the same are applied be enforced, and penalties and punishments ].for the breach thereof shall be recovered and inflicted, throughout Her Majesty's dominions, in the same manner as if such provisions had been hereby so adopted and applied, and such penalties and punishments had been hereby expressly imposed. 289. Every Act, Ordinance, or other form of law to be SAFETY AND PREVENTION OF ACCIDENTS. 243 passed or promulgated by the Grovernor-General of India in § § council, or by any other legislative 'authority, in pursuance of S89-291. this Act, shall respectively be subject to the same right of dis- East Indian allowance or repeal, and require the same sanction or other and Colonial acts and formalities, and be subject to the same conditions in g■^^gll ^^ all respects as exist and are required in order to the validity of disallowance, any other Act, Ordinance, or other form of law passed by such sanction'™ in Governor-General in council or other legislative authority other oases, respectively. 290. If in any matter relating to any ship or to any person Conflict of belonging to any ship there appears to be a conflict of laws, ^™' then, if there is in the third part of this Act any provision on the subject which is hereby expressly made to extend to such ship, the case shall be governed by such provision, and if there is no such provision the case shall be governed by the law of the place in which such ship is registered. The general rule in case of a conflict of laws is, that in regard to the General rule, rights and merits involved in actions, the law of the place where they originated is to govern (j^). But whatever relates to the remedy and to the procedure to be adopted must he determined by the law of the country to which the appeal is made (s). , PAET IV. SAFETY AND PEEVENTION OF ACCIDENTS. AppMcation. 291. The Fourth Part of this Act shall apply to all British Application of ships ; and all foreign steam ships carrying passengers between ^ct. places in the United Kingdom shall be subject to aU the pro- visions contained in the Fourth Part of this Act, and Ukewise to the same provisions with respect to the certificates of the masters and mates thereof to which British steam ships are subject. {y) Story on the Conflict of Laws, § 558. (z) Don V. Lippmwn, 5 01. & Fin. 13. E 2 244 UNSEAWORTHT SHIPS. g g91. The following new provisions of the " Merchant Shipping Act, 1876," do not apply to any vessel exclusively employed in trading in any in- land waters of any British possession (a) : — Sending un- seaworthy ship to sea a misde- Power to detain unsafe ships, and pro- cedure for such deten- tion. Unseaworthy Ships. 39 & 40 Vict. c. 80, s. 4. — Every person who sends or at- tempts to send, or is party to sending or attempting to send a British, ship to sea in such unseaworthy state that the life of any person is hkely to be thereby endangered, shall be guilty of a misdemeanor, unless he proves that he used all reasonable means to insure her being sent to sea in a seaworthy state, or that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable ; and, for the purpose of giving such proof, he may give evidence in the same manner as any other witness. Every master of a British ship who knowingly takes the same to sea in such unseaworthy state that the life of any person is hkely to be thereby endangered shall be guilty of a misdemeanor, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof he may give evidence in the same manner as any other witness. A prosecution imder this section shall not be instituted except by or with the consent of the Board of Trade, or of the governor of the British possession in which such prosecu- tion takes place. A misdemeanor under this section shall not be punishable upon summary conviction. This section creates a new liability for shipowners. The fact that the vessel goes to sea in an unseaworthy state, is of itself prima facie a mis- demeanor, and the owner or master have to rebut the presumption that it was owing to their fault that she went in that state. It would therefore seem, that whenever a ship is lost by some perils of the sea other than such as stranding or striking on rocks, the owner or master are liable to be prosecuted for a misdemeanor, unless they used all reasonable means to send her to sea in a seaworthy condition. It remains to be seen what circumstances will be considered " reasonable and justifiable " for send- ing a ship to sea in an unseaworthy state. The provision with respect to a prosecution not being instituted with- out the consent of the Board of Trade does not apply to Scotland (see 39 & 40 Vict. c. 80, s. 41, under s. 2, p. 5). 39 & 40 Vict. c. 80, s. 6. — "Where a British ship, being in any port of the United Kingdom, is, by reason of the defective condition of her hull, equipments, or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the (a) 39 & 40 Viot. c. 80, s. 44. ■DNSEAWOETHY SHIPS. 245 nature of the service for which she is intended, any such ship g ggj, (hereinafter referred to as "unsafe") may be provisionally '— detained for the purpose of being surveyed, and either finally detained or released, as follows : (1 .) The Board of Trade, if they have reason to beheve on complaint, or otherwise, that a British ship is-imsafe, may provisionally order the detention of the ship for the purpose of being surveyed. (2.) "When a ship has been provisionally detained there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Board of Trade may, if they think fit, appoint some competent person or persons to survey the ship and report thereon to the Board. (3.) The Board of Trade on receiving the report may either order the ship to be released or, if ia their opinion the ship is unsafe, may order her to be finally detained, either absolutely, or until the performance of such con- ditions with respect to the execution of repairs or altera- tions, or the unloading or reloading of cargo, as the ' Board think necessary for the protection of human hfe, and may from time to time vary or add to any such order. (4.) Before the order for final detention is made a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner or master of the ship may appeal in the prescribed manner to the Court of Survey (hereinafter mentioned) for the port or district where the ship is detained. (5.) Where a ship has been provisionally detained, the owner or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that he shall be accompanied by such person as the owner or master may select out of the hst of assessors for the Court of Survey (nominated as hereinafter mentioned), and in such case if the sur- veyor and assessor agree, the Board of Trade shall cause the ship to be detained or released accordingly, but if they differ, the Board of Trade may act as if the requisi- tion had not been made, and the owner and master shaU have the hke appeal touching the report of the surveyor as is before provided by this section. (6.) Where a ship has been provisionally detained, the Board of Trade may at any time, if they think it expedient, refer the matter to the Court .of Survey for the port or district where the ship is detained. (7.) The Board of Trade may at any time, if satisfied that a ship detained under this Act is not unsafe, order her to be released either upon or without any conditions. 24,6 COURT OF SURVEY. § 291. Constitution of Court of Survey for appeals. (8.) For the better fexecution of this section, the Board of Trade, with the consent of the Treasury, may from time to time appoint a suificient number of fit officers, and may remove any of them. (9.) Any officer so appointed (in this Act referred to as a detaining officer) shall have the same power as the Board of Trade have under this section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person or persons to survey her ; and if he thinks that a ship so detained by him is not unsafe may order her to be released (10.) A detaining officer shall forthwith report to the Board of Trade any order made by him for the detention or release of a ship. Court of Survey. 39 & 40 Vict. c. 80, s. 7.— A Court of Survey for a port or district shall consist of a judge sitting with two assessors. The judge shall be such person as may be summoned for the case in accordance with the rules made under this Act out of a hst (from time to time approved for the port or district by one of Her Majesty's principal Secretaries of State, in this Act referred to as a Secretary of State,) of wreck commissioners appointed under this Act, stipendiary or metropolitan police magistrates, judges of County Courts, and other fit persons ; but in any special case in which the Board of Trade think it expedient to appoint a wreck commissioner, the judge shall be such wreck commissioner. The assessors shall be persons of nautical engineering or other special skill and experience ; one of them shall be appointed by the Board of Trade, either generally or in each case, and the other shall be summoned in accordance with the rules under this Act by the registrar of the Court, out of a list of persons periodically nominated for the purpose by the Local Marine Board of the port ; or, if there is no such Board, by a body of local shipowners or merchants approved for the purpose by a Secretary of State, or, if there is no such list, shall be appointed by the judge ; if a Secretary of State thinks fit at any time, on the recommendation of the Government of any British possession or any foreign state, to add any person or persons to any such hst, such person or persons shall, until otherwise directed by the Secretary of State, be added to such list, and if there is no such list shall form such list. The County Court Eegistrar, or such other fit person as a Secretary of State may from time to time appoint, shall be the Eegistrar of the Court, and shall, on receiving notice of an appeal or a reference from the Board of Trade, immediately summon the Court in the prescribed manner to meet forthwith. The name of the Registrar and his office, together with the COURT OF SURVEY. 247 rules made under this Act relating to the Court of Survey, shall be published in the prescribed manner. 39 & 40 Vict. c. 80, s. 8.— With respect to the Court of Survey, the following provisions shall have effect : (1.) The case shall be heard in open court ; (2.) The judge and each assessor may survey the ship, and shall have for the purposes of this Act all the powers of an inspector appointed by the Board of Trade under the Merchant Shipping Act, 1854 [see s. 14, p. 12) ; (3.) The judge may appouit any competent person or persons to survey the ship and report thereon to the Court ; (4.) The judge shall have the same power as the Board of Trade have to order the ship to be released or finally detained, but unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released ; (5.) The owner and master of the ship and any person appointed by the owner or master, and also any person appointed by the Board of Trade, may attend at any inspection or survey made in pursuance of this section ; (6.) The judge shall send to the Board of Trade the pre- scribed report and- each assessor shall either sign the report or report to the Board of Trade the reasons for his dissent. . 39 & 40 Vict. c. 80, s. 9.— The Lord Chancellor of Great Britain may from time to time (with the consent of the Treasury so far as relates to fees), make, and when made revoke, alter, and add to general rules to carry into effect the provisions of this Act with respect to a Court of Sm'vey, and in particular with respect to the summoning of and procedure before the Court, the requiring on an appeal security for costs and damages, the amount and application of fees, and the publication of the rules. All such rules while in force shall have effect as if enacted in this Act, and the expression " prescribed " ui the provisions of this Act relating to the detention of ships or Court of Survey means prescribed by such rules. (The Rules are set out in tlie Appendix, pp. 548-563.) 39 &■ 40 Vict. c. 80, s. 10. — If it appears that there was not reasonable and probable cause by reason of the condition of the ship, or the act or default of the owner, for the provisional detention of the ship, the Board of Trade shall be hable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the deten- tion or survey. If a ship is finally detained under this Act, or if it appears § 291. Power and procedure of Court of Survey. Rules for procedure of Court of Survey, &c. Liability of Board of Trade and shipowner for costs and 248 COCTET OP SURVEY. § 291. Costs and compensation. Power to require fi'om complainant secmity for costs. that a ship provisionally detained was, at the time of such- detention, unsafe within the meaning of this Act, the owner of the ship shall be hable to pay to the Board of Trade their costs of and incidental to the -detention and sm'vey of the ship, and those costs shall without prejudice to any other remedy, be recoverable as salvage is recoverable. For the purposes of this Act the costs of and incidental to any proceeding before a Court of Survey, and a reasonable amount in respect of the remuneration of the surveyor or officer of the Board of Trade shall be deemed to be part of the costs of the detention and survey of the ship, and any dispute as to the amount of costs under this Act may be referred to one of the masters or registrars of the Supreme Court of Judicature, who on request made to him for that purpose by the Board of Trade shall ascertain and certify the proper amount of such costs. An action for any costs or compensation payable by the Board of Trade under this section may be brought against the secretary thereof by his official title as if he were a corporation sole ; and if the cause of action arises in Ireland, it shall be lawful for any of the .superior courts of common law in Ireland in which such action may be commenced to order that the sum- mons or Avrit may be served on the Crown and Treasury Solicitor for Ireland, in such manner and on such terms as to extension of' time and otherwise as to the Court shall seem fit, and that such service shall be deemed good and sufficient service of such summons or writ upon the Secretary of the Board of Trade. 89 & 40 Vict. c. 80, {part of) s. 39.— There may be paid out of moneys provided by Parhament all costs and compensation payable by the Board of Trade in pursuance, of this Act. 89 & 40 Vict. c. 80, s. 11. — "Wliere a complaint is made to the Board of Trade or a detaining officer that a British ship is unsafe, the Board or officer may, if they or he think fit, require the complainant to give security to the satisfaction of the Board for the costs and compensation which he may become hable to pay as hereinafter mentioned. Provided that where the complaint is made by one fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Board or officer frivolous or vexatious, such secmity shall not be required, and the Board or officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this Act. Where a ship is detained in consequence of any complaint, and the circumstances are such that the Board of Trade are liable under this Act to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Board of Trade aU such costs and compensation as the Board FOREIGN SHIPS OVERLOADING. 249 incur or are liable to pay in respect of the detention and survey g pqi of the ship. » "^^ " 39 & 40 Vict. c. 80, s. 12. — (1.) A detaining officer shall Supjjlemental have for the purpose of his duties under this Act the provisions as same powers as an inspector appointed by the Board of ^f g^^p "^ Trade under the Merchant Shipping Act, 1854. {Seep. 12.) ^' (2.) An order for the detention of a ship, provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship. (3.) When a ship has been detained under this Act she shall not be released by reason of her British register being subsequently closed. (4.) For the purposes of a survey of a ship under this Act any person authorised to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equipments, and cargo, and may require the unloading or removal of any cargo, ballast, or tackle. (5.) The provisions of the Merchant Shipping Act, 1854, with respect to persons who wilfully impede an inspector, or disobey a requisition or order ojf an inspector, shall apply as if those provisions were herein enacted, with the substitution for the inspector of any judge, assessor, " ofBcer, or surveyor who under this Act has the same powers as an inspector or has authority to survey a ship. See s. 16, p. 13, and see s. 103, p. 94, as to who may detain vessels, and as to the penalties for proceeding to sea before being released. As to the load-line required to be marked on ships, see under s. 34, p. 30. Foreign Ships Overloading. 39 & 40 Vict. c. 80, s. 13. — Where a foreign ship has taken Application on board all or any part of her cargo at a port in the United to foreign Kingdom, and is whilst at that port unsafe by reason of over- pro^gjons as loading or improper loading, the provisions of this Act with to detention, respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifi- cations : (1.) A copy of the order for the provisional detention of the ship shall be forthwith served on the consular oflBcer for the State to which the ship belongs at or nearest to the place where the ship is detained : (2.) Where a ship has been provisionally detained, the con- sular officer, on the request of the owner or master of the ship, may require that the person appointed by the Board of Trade to survey the ship shall be' accompanied by such person as the consular officer may select, and in such case if the surveyor and such person agree, the 250 GRAIN CARGOES. § S91. Consular officer. Board of Trade shall cause the ship to be detained or released accordingly, but if they differ, the Board of Trade may act as if the requisition had not been made, and the owner and master shall have the appeal to the Court of Surrey touching the report of the surveyor which is before provided by this Act ; and (3.) Where the owner or master of the ship appeals to the Court of Survey, the consular ofl&cer, on the request of such owner or master, may appoint any competent per- son who shall be assessor in such case in Ueu of the assessor who, if the ship were a British ship, would be appointed otherwise than by the Board of Trade. In this section the expression " consular ofiBcer " means any consul-general, vice-consul, consular agent, or other ofBcer recognised by a Secretary of State as a consular oificer of a foreign state. Reference in difficult cases to scientific persons. Scientific Referees. 39 & 40 Yict. c. 80, s. 15.— If the Board of Trade are of opinion that an appeal under this Act involves a question of construction or design or of scientific diflB.culty or important ■principle, they may refer the matter to such one or more out of a Ust of scientific referees from time to time approved by a Secretary of State, as may appear to possess the special quahfi- cations necessary for the particular case, and may be selected by agreement between the Board of Trade and the appellant, or in default of any such agreement by a Secretary of State, and thereupon the appeal shall be determined by the referee or referees, instead of by the Court of Survey. The Board of Trade, if the appellant in any appeal so require and give security to the satisfaction of the Board to pay the costs of and incidental to the reference, shall refer that appeal to a referee or referees so selected as aforesaid. The referee or referees shall have the same powers as a judge of the Court of Survey. Stowage of cargo of gram, &c. Grain Cargoes. 39 & 40 Vict. c. 80, s. 22. — No cargo of which more than one third consists of any kind of grata, corn, rice, paddy, pulse, seeds, nuts, or nut kernels, hereinafter referred to as " grain cargo," shall be carried on board any British ship, 'unless such grain cargo be contaiued in bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise. If the managing owner, or master of any British ship or any agent of such owner who is charged with the loading of the ship or the sendiag her to sea knowingly allows any grain cargo or part of a grain cargo to be shipped therein for carriage con- DECK CARGOES. 251 trary to the provisions of this section, he shaH for every such § 291, offence incur a penalty not exceeding three hundred pounds, to '- — be recovered upon summary conviction. Beck Cargoes (&). 39 & 40 Vict. c. 80, S. 23. — If any ship, British or foreign. Space oc- other than liome-trade sliips as defined by the "Merchant cupiedby. Shipping Act, 1854," {see p. 4), carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents formiag the ship's registered tonnage, timber, stores, or other goods, all dues pay- able on the ship's tonnage shall be payable as if there were added to the ship's registered tonnage the tonnage of the space occupied by such goods at the time at which such dues become payable. The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight Unes inclosing a rectangular space sufficient to include the goods. The tonnage of such space shall be ascertained by an officer of the Board" of Trade or of customs, m manner directed by subsection four of section twenty-one of the " Merchant Ship- ping Act, 1854," {see p. 17), and when so ascertained shall be entered by him in the ship's official log book, and also in a memorandum which he shall dehver to the master, and the master shall, when the said dues are demanded produce such memoran- dum in hke manner as if it were the certificate of registry, or, in the case of a foreign ship, the document equivalent to a certifi- cate of registry, and in default shall be liable to the same penalty as if he had failed to produce the said certificate or document. {See. s. Id, p. U.) 39 & 40 Vict. c. 80, s. 24. — After the fij-st day of November Penalty for one thousand eight hundred and Seventy six, if a ship, British carrying or foreign, arrives between the last day of October and the d.ebkloads of sixteenth day of April in any year at any port in the -^jiXqi. United Kingdom from any port out of the United Kingdom, carrying as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage, any wood goods coming within the following descriptions ; that is to say, {a.) Any square, round, waney, or other timber, or any pitch piae, mahogany, oak, teak, or other heavy wood goods whatever ; or (b.) Any more than five spare spars or store spars, whether or not made, dressed, and finally prepared for use ; or (b) These provisions relating to deck cargoes do not apply to deck cargo carried by a ship while engaged in the coasting trade of any British possession. 39 & 40 Vict. c. 80, s. 44, 252 SHIP S DRAUGHT OF WATEK. 291_ (c.) Any deals, battens, or otlier light vood goods of any '- — description to a height exceeding three feet above the deck; the master of the ship, and also the owner, if he is priyy to the oifence, shall be liable to a penalty not exceeding five pounds for every hundred cubic feet of wood goods carried in contravention of this section, and such penalty may be recovered by action or on indictment or to an 'amount not exceeding one hundred pounds (whatever may be the maximum penalty recoverable) on sum- mary conviction. Provided that a master or owner shall not be hable to any penalty under this section — ■ (1.) In respect of any wood goods which the master has con- sidered it necessary to place or keep on deck during the voyage on account of the springing of any leak, or of any other damage to the ship received or apprehended ; or (2.) If he proves that the ship sailed from the port at which the wood goods were loaded as deck cargo at such time before the last day of October as allowed a sufficient interval according to the ordinary duration of the voyage for the ship to arrive before that day at the said port in the United Kingdom, but was prevented from so arriving by stress of weather or circumstances beyond his control ; or (3.) If he proves that the ship sailed from the port at which the wood goods were loaded as deck cargo at such time before the sixteenth day of April as allowed a reasonable interval according to the ordinary duration of the voyage for the ship to arrive after that day at the said port in the United Kingdom, and by reason of an exceptionally favourable voyage arrived before that day. Provided farther, that nothing in this section shall affect any ship not bound to any port in the United Kingdom which comes into any port of the United Kingdom under stress of weather, or for repairs, or for any other purpose than the delivery of her cargo. As to the load-line to be marked on ships that is required by the " Merchant Shipping Act, 1876," see nnder s. 34, p. 30. Ship's draught of ■water to he recorded. Ship's Draught of Water. 34 & 35 Vict. c. 110, s. 5.— The Board of Trade may in any case or class of cases in which they think it expedient so to do, direct any person appoiated by them for the purpose 'to record in such manner and with such particulars as the Board of Trade direct the draught of water of any sea-going ship as shown on BOATS FOR SEA-GOING SHIPS. 253 the scale of feet in her stem and on her stern post upon her § g leavmg any dock, wharf, port, or harbour, for the purpose of 091 090 proceeding to sea ; and such person shall thereupon keep such I I record, and shaU from time to time forward the same or a copy- thereof to the Board of Trade ; and such record or any copy thereof if produced by or out of the custody of the Board of Trade shall be admissible in evidence of the draught of water of the ship at the time specified in the record. The master of every British sea-going ship shall, upon her leaving any dock, wharf, port, or harbour, for the purpose of proceeding to sea, record her draught of water in the official log-book (if any) and shaU produce such record to any priucipal officer of customs whenever required by him so to do, or in default of such pro- duction shall incur a penalty not exceeding twenty pounds. 36 & 37 Vict. c. 85, s. 4. — The record of the draught of Particulars water of any sea-going ship required under section five of the t° ^^ entered "Merchant Shippmg Act, 1871," shaU, in addition to the a^ughfof particulars thereby required specify the extent of her clear side water. in feet and inches. The term " clear side " means the height from the water to the upper side of the plank of the deck from which the depth of hold as stated in the register is measured and the measure- ment of the clear side is to be taken at the lowest part of the side. Every master of a sea-going ship shall, upon the request of any person appointed to record the ship's draught of water, permit such person to enter the ship and to make such inspec- tions and take such measurements as may be requisite for the purpose of such record, and any master who fails so to do, or impedes or suffers any one under his control to impede any person so appointed iti the execution of his duty, shall for each offence incur a penalty not exceeding five pounds. Inspection of CUai/n Cables. 37 & 38 Vict. c. 51 (tlie " Clmin Cables and Anchors Act, 1874 "), s. 5. — Cables and Whenever any ship is surveyed or detained by the Board of Ti-ade under anchors of the "Merchant Shipping Act, 1873," on the ground of alleged unsea- alleged unsea- worthiness, the Board may direct an inquiry into the condition of the worthy ships cables and anchors, and if they have not been tested according to the tested. " Chain Gables- and Anchors Acts, 1861 to 1874," may make such further order as they think requisite previous to her release. Boats for Sea-going Ships. 292. The following rules shall be observed with respect to Eulesasto boats and life buoys ; (that is to say,) ^°^*' '^'* ^^^ (1.) No decked ship (except ships used solely as steam tugs and ships engaged ia the whale fishery) shall proceed to buoys. 254 BOATS FOR SEA-GOING SHIPS. § 292. Power for Board of Trade to vary requirements as to boats. sea from any place in the United Kingdom, unless she is proTided, according to her tonnage, with boats duly supplied with all requisites for use, and not being fewer in number nor less in their cubic contents than the boats the number and cubic contents of which are specified in the table marked S. in the schedule hereto for the' class to which such ship belongs : (2.) No ship carrying more than ten passengers shall pro- ceed to sea from any place in the United Kingdom, unless, in addition to the boats hereinbefore required, she is also provided with a life boat furnished with all requisites for use, or unless one of her boats herein- before required is rendered buoyant after the manner of a life boat : (3.) No such ship as last aforesaid shall proceed to sea unless she is also provided with two life buoys : And such boats and life buoys shall be kept so as to be at all times fit and ready for use : Provided, that the enactments with respect to boats and life buoys herein contained shall not apply in any case in which a certificate has been duly obtained under the 27th section of the " Passengers Act, 1855." (See p. 492). 36 & 37 Vict. c. 85, (partof) s. 15.-^In the case of any ship surveyed under the fourth part of the Merchant Shipping Act, 1854, the Board of Trade may at the request of the owner authorise the reduction of the number and the variations of the dimensions of the boats required for the ship by section 292 of that Act, and also the substitution of rafts or other appliances for saving Ufe for any such boats, so nevertheless that the boats so reduced or varied, and the rafts or other appliances so substituted be suflScient for the persons carried on board the ship. BOATS FOR SEA-GOING SHIPS. 255 ■< m 3 13 o a CO to to to to •* •qidsQ S D •" p, ^ ° .p ^ » * QJ *> 03 2 +3 m >. O tioSP H p.1»>i« "2 si!^.s I ■M Mg " ,- n a-" " ■ o .a I Pill ^ Siesta « tsi-gola" S' regulations to be made by virtue thereof apply, not unnecessarily detainiug or delaying the ship from proceeding on any voyage, and, if in consequence of any accident to any such ship or for any other reason they consider it necessary so to do, to require the ship to be taken into dock for the purpose of surveying the hull thereof ; and any person who hiader^s any such surveyor from going on board any such steam ship, or otherwise impedes him in the execution of his duty under this Act, shall incur a penalty not exceeding bl. 307. The said surveyors shall execute their duties under the Board of direction of the Board of Trade, and such Board shall make reMtemode regulations as to the manner in which the surveys herein- of making after mentioned shaJl be made, and as to the notice to be given ^"'^^^y^- 288 SURVEY OF PASSENGEE STEAMERS. BR to the surveyors when surveys are required, and as to the 307-309. a-mount and payment of any travelling or other expenses in- curred by such surveyors in the execution of their duties, and may thereby determine the persons by whom and the conditions under which such payment shall be made. Penalty on 308. Every surveyor who demands or receives directly or in- receivmg fees directly from the owner or master of any ship surveyed by him unlawfully. under the provisions of this Act any fee or remuneration what- soever for or in respect of such survey, otherwise than as the ofllcer and by the direction of the Board of Trade, shall incur a penalty not exceeding 501. Owners to 309. The owner of every passenger steamer shall cause the nmde Tv^''^^ same to be surveyed at the times hereinafter directed (see s. 311) shipwright by One of the said shipwright surveyors and by one of the said survevOTs^'^and ^^ig^^^r Surveyors so appoiiited as aforesaid ; such shipwright surveyors to suryeyor being, in the case of iron steamers, a person who is in f Jns'^^"^^'^''" *h6 judgment of the Board of Trade properly quahfied to sur- vey such ships ; and such surveyors shall thereupon, if satisfied that they can with propriety do so, give to such owner declara- tions as follows : The declaration of the shipwright surveyor shall contain statements of the following particulars (that is to say) : (1.) That the hull of the ship is sufficient for the service in- tended and in good condition : (2.) That the partitions, boats, hfe-buoys, lights, signals, compasses, and shelter for deck passengers, and the cer- tificates of the master and mate or mates, are such, and in such condition as required by this Act : (3.) The time (if less than six months) for which the said hull and equipments will be sufficient : (4.) The limits (if any) beyond which, as regards the hull and equipments, the ship is in the surveyor's judgment not fit to ply : (5.) The number of passengers which the ship is in the judgment of the surveyor fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins : such numbers to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried, or other circumstances, as the case requires : SURVEY OF PASSENaER STEAMERS. 289 And the declaration of the engineer surveyor shall contain statements of the following particulars (that is to say) : (1.) That the machinery of the ship is sufficient for the ser- vice intended, and in good condition : (2.) The time (if less than six months) for which such ma- chinery \\i][ be suflScient : (3.) That the safety-valves and fire-hose are such and in such condition as are required by this Act : (4.) The limits of the weight to be placed on the safety- valves : (5.) The limits (if any) beyond which, as regards the ma- chinery, the ship is in the surveyor's judgment not fit to ply : And such declarations shall be in such form as the Board of Trade directs. §309. 25 & 26 Vict. c. 63, s. 32.— The declaration required to be Declaration of given by the engineer surveyor under section 309 of the Prin- ^'^gi^^^'' ^^'^■■_ cipal Act shall, in the case of a ship by this Act required to tam statement have a certificated engineer, contain in addition to the state- concerning ment in the said section mentioned, a statement that the certi- engineer's ficate or certificates of the engineer or engineers of such ship certificate, is or are such and in such condition as is required by this Act. Appeal on Refusal of certain Cerlificates to Ships. 39 & 40 Vict. c. 80 {part of), s. 14.— Whereas by sec- tion 309 of the Merchant Shipping Act, 1854, and enactments amending the same, the owner of a passenger steamer as defined in that Act is required to cause the same to be surveyed by a shipwright surveyor and an engineer surveyor, and those surveyors are required to give declarations of certain particulars with respect to the sufBciency or conformity with the Act of the ship and equipments, and to the limits .beyond which the ship is not fit to ply, and to the number of pas- sengers which the ship is fit to carry, and of other particulars in the said section mentioned, and the Board of Trade, under section 312 of the same Act, issue a certificate upon such declarations, and the passenger steamer cannot lawftiUy pro- ceed to sea without obtaining such certificate ; And whereas it is expedient to give in the said cases such appeal as herein-after mentioned : Be it therefore enacted that — If a shipowner feels aggrieved. Appeal on refusal of certain cer- tificates under Merchant Shipping and Passengers Acts. 290 SURVEY OF PASSENGER STEAMERS. §§ 309, 310. (1.) by a declaration of a shipwright surveyor or an engi- neer surveyor respecting a passenger steamer under the above-recited enactments, or by the refusal of a sur- veyor to give the said declaration ; the owner may appeal in the prescribed manner to the Court of Survey for the port or district where the ship for the time being is. On such appeal the judge of the Court of Survey shall report to the Board of Trade on the question raised by the appeal, and the Board of Trade, when satisfied that the requirements of the report and the other provisions of the said enactments have been complied with, may, — (1.) In the case of a passenger steamer give their certificate under section 312 of the Merchant Shipping Act, 1854, and ******* Subject to any order made by the judge of the Court of Survey, the costs of and incidental to an appeal under this section shall foUow the event. Subject as aforesaid, the provisions of this Act with respect to the Court of Survey and appeals thereto, so far as con- sistent with the tenour thereof, shall apply to the Court of Survey when acting under this section, and to appeals under this section. Where the survey of a ship is made for the purpose of a declaration or certificate under the above recited enactments, the person appointed to make the survey shall, if so required by the owner, be accompanied on the survey by some person appointed by the owner, and in such case, if the said two per- sons agree, there shall be no appeal to the Cotirt of Survey in pursuance of this section. As to the Court of Survey, see under s. 291, p. 246. The parts of this section omitted above relate to appeals in cases of refusal of a certificate of clearance for an emigrant ship (see Tinder s. 11 of the " Passengers Act, 1855," p. 478), and in cases of refusal of a certificate as to lights or fog signals (see p. 282). Transmission of declarations to Board of Trade. Penalty for delay. 310. The said owner shall transmit such declarations (m) to the Board of Trade within fourteen days after the dates of the receipt thereof respectively ; and in default shaU forfeit a sum not exceeding ten shilfings for every day that the sending of such declarations is delayed ; and such sum shall be paid upon the delivery of the certificate hereinafter mentioned in addition {u) The declarations mentioned in s. 309, ante. SURVEY OF PASSENGER STEAMERS. ' 291 to the fee payable for the same, and shall be applied in the g § same manner as such fees. 310-312 311. In all cases where it is possible the said half-yearly r: surTeys shall be made in the months of April and of October, and appointed the declarations shall be transmitted on or before the thirtieth foi' surveys day of April and the thirty-first day of October respectively; sTonor'""'" but if the owner of any passenger-steamer is unable to have the declarations, same surveyed in the month of April or October (as the case may be), either by ifeason of such ship being absent from the United Kingdom during the whole of those periods respec- tively, or by reason of such ship or the machinery thereof being under construction or repair, or of such ship being laid up in dock, or for any other reason satisfactory to the Board of Trade, then he shall have the same surveyed as aforesaid as soon thereafter as possible, and shall transmit such declarations to the Board of Trade within fourteen days after the receipt thereof, together with a statement of the reasons which have prevented the survey of such ship at the time hereinbefore pre- scribed, and shall, in case of delay in transmitting the declara- tions, be Hable to a forfeiture similar to that mentioned in the last preceding section. 25 & 26 Vict. c. 63, s. 34. — Notwithstanding anything in Surveys of the 311th section of the Principal Act contained, it shall not be steamers. necessary for the surveys of passenger steamers to be made in the months of April and October ; but no declaration shall be given by any surveyor under the Fourth Part of the said Act for a period exceeding six months, and no certificate issued by the Board of Trade shall remain in force more than six months from the date thereof. 312. Upon the receipt of such declarations the Board of Board of Trade shall, if satisfied that the provisions of the Fourth Part jgs^g certifi- of this Act have been complied with, cause a certificate in cate. dupUcate to be prepared and issued to the effect that the pro- visions of the law with respect to the survey of the ship, and the transmission of declarations in respect thereof have been compUed with ; and such certificate shall state the Umits (if any) beyond which, according to the declaration of the sur- veyors, such ship is not fit to ply, and shall also contain a statement of the number of passengers which, according to the declaration of the shipwright surveyor, such ship is fit to V % 292 "SUEVEY OF PASSENGER STEAMERS. §§ 312, 313. Exemption of certain steamers from pas- senger cer- tificates. carry, distinguishing (if necessary) between the respective numbers to be caiTied on the deck. and in the cabins and in different parts of the deck and cabins, such number to be sub- ject to such conditions and variations according to the time of year, the nature of the Toyage, the cargo carried, and other circumstances, as the case requires. 39 & 40 Vict. c. 80, s. 16. — Any steamship may carry pas- sengers not exceeding twelve in number although she has not been surveyed by the Board of Trade as a passenger steamer, and does not carry a Board of Trade certificate as provided by the Merchant Shipping Act, 1854, with respect to passenger steamers. Provision against dou- ble survey in case of passenger steamers and emigi'ant ships. Issue and transmission of certificates. Provision against Double Survey. 39 & 40 Vict. 0. 80, s. 18. — In every case where a passenger certificate has been granted to any steamer by the Board of Trade under the provisions of the Merchant Shipping Act, 1854, and remains still in force, it shall not be requisite for the purposes of the employment of such steamer under the Pas- sengers Acts that she shall be again surveyed in her huU and machinery in order to qualify her for service under the Pas- sengers Act, 1855, and the Acts amending the same ; but for the purposes of employment under those Acts such Board of Trade certificate shall be deemed to satisfy the requirements of the Passengers Acts with respect to such survey, and any further survey of the huU and machinery shall be dispensed with, and so long as a steamship is an emigrant ship, that is a passenger ship within the meaning of the Passengers Act, 1855, and the Acts amending the same, and the provisions contained in the said Passengers Acts as to the survey of her huH, machinery, and equipments have been comphed with, she shall not be subject to the provisions of the Merchant Shipping Act, 1854, with respect to the survey of and certificate for passenger steamers, or to the enactments amending the same. 313. The Board of Trade shall transmit such duplicate cer- tificate to the superintendent of the Mercantile Marine OfBce, or to some other public officer at such port as the owner may mention for the purpose or at the port where the owner or his agent resides or where the ship was surveyed and is for the time being lying, and shall cause notice of such transmission to be given by post or otherwise to the master or owner or his agent ; and the said superintendent or officer shall deliver such duplicate certificate to the said owner, master, or agent, on SURVEY OF PASSENGER STEAMERS. 293 his applying and paying the fees and other sums (if any) herein § § mentioned as payable in that behalf ; and in proving the due 313-316. issue and transmission to the owner, agent, or master of such certificate, it shall be sufficient to show that the same has been duly received by such superintendent or pubUc ofiicer as afore- said, and that due notice of the transmission thereof to such superintendent or officer has been given to such owner, master, or agent. 314. The owner of every passenger steamer requiring a cer- Fees to be tificate under the Fourth Part of this Act shall pay for every certificates certificate granted by the Board of Trade such fees as such Board directs, not exceeding the fees mentioned in the Table marked T. in the schedule hereto. TABLE T. Fees to be chaegbd foe the Suevey op Passengee Steambes. £ s. d. For steamers not exceeding 100 tons 2 For steamers exceeding 100 and not exceeding 300 tons .300 For steamers exceeding 300 and not exceeding 600 tons .4-00 And every additional 300 tons an additional . . ..100 315. No certificate shall be held to be in force for the pur- How long poses of the Fourth Part of this Act beyond the date fixed by continue in the Boai-d of Trade for the expiration thereof ; and no certificate &roe. shall be in force after notice is given by the Board of Trade to the owner, agent, or master of the ship to which the same relates, that such Board has cancelled or revoked the same : Provided, that if any passenger steamer is absent from the United Kingdom at the time when her certificate expires, no penalty shall be incurred for the want of a certificate until she first begins to ply with passengers after her next subsequent return to the United Kingdom ; and the Board of Trade may require any certificate which has expired, or has been revoked or cancelled, to be deUvered up as it directs ; and any owner or master who without reasonable cause, neglects or refuses to comply with such requirement, shall incur a penalty not ex- ceeding 10?. 316. The Board of Trade may revoke and cancel such certi- Board of ficates in any case in which it has reason to beUeve— "^^^^^^ ™^y (1.) That the declarations of the sufficiency and good condi- tificates, and 294 SUEVEY OF PASSENGER STEAMERS. §§ 316-318. require fresh declarations. Copy of certificate to be placed in conspicuous part of ship. Ship not to proceed on her voyage without certificate. tion of the hull, equipments, and machinery of any passenger steamer, or either of them, have been fraudu- lently or erroneously made ; or, (2.) That such certificate has otherwise been issued upon false or erroneous information ; or, (3.) That since the making of such declarations the hull, equipments, or machinery of such ship have sustained any injury, or are otherwise insufficient : And in every such case the Board of Trade may, if it thinks fit, require the owner to have the hull, equipments, or ma- chinery of such ship again surveyed, and to transmit a further declaration or declarations of the sufficiency and good condition thereof, before reissuing any certificate or granting a fresh one in lieu thereof. 317. The owner or master of every passenger steamer shall forthmth on the transmission of any such certificate as afore- said to him or his agent cause one of the duplicates thereof so transmitted to be put up in some conspicuous part of the ship, so as to be visible to aU persons on board the same, and shall cause it to be continued so put up so long as such certificate remains in force and such ship is in use ; and in default such owner or master shaU for every offence incur a penalty not exceeding 10?. 318. It shaU not be lawful for any passenger steamer to pro- ceed to sea or upon any voyage or excursion with any passengers on board, unless the owner or master thereof has received from the Board of Trade such a certificate as hereinbefore provided for, such certificate being a certificate appUcable to the voyage or ex- cursion on which such ship is about to proceed ; and no officer of customs shall grant any clearance or transire for any passenger steamer unless upon the production of such certificate as afore- said (being a certificate then in force and applicable as aforesaid) ; and if any passenger steamer attempts to ply or go to sea with- out such production, any such officer may detain her until such certificate is produced ; and if any passenger steamer phes or goes to sea with any passengers on board, without having one of the duphcates of such certificate as aforesaid (being a certifi- cate then in force, and apphcable as aforesaid), so put up as aforesaid in some conspicuous part of the ship, the owner thereof shall for such offence incur a penalty not exceeding SURVEY OF PASSENGER STEAMERS. , 295 100?., and the master of such ship shall also incur a further | § penalty not exceeding 20Z. 318-331. 319. If the owner or master or other person in charge of ~ ~Z any passenger steamer receives on board thereof or on or in carrying pas- any part thereof, or if such ship has on board thereof or on or sengers m ' -*- excess 01 in any part thereof, any number of passengers which, having numbers regard to the time, occasion, and circumstances of the case, is specked in greater than the number of passengers allowed by the certifi- cate, the owner or master shall incur a penalty not exceeding 20?., and also an additional penalty not exceeding five shillings for every passenger over and above the number allowed by the certificate, or, if the fare of any of the passengers on board exceeds five shilhngs, not exceeding double the amount of the fares of all the passengers who are over and above the number so allowed as aforesaid, such fares to be estimated at the highest rate of fare payable by any passenger on board. 320. Every person who knowingly and wilfully makes or I'orgery of . " , -. n j?i £_jix declaration or assists m making or procures to be made a false or fraudulent certificate a declaration or certificate with respect to any passenger steamer misdemeanor, requiring a certificate under the Fourth Part of this Act, or who forges, assists in, forging, or procures to be forged, fraudu- lently alters, assists in fraudulently altering, or procures to be fraudulently altered, any declaration or certificate required by the Fourth Part of this Act, or any words or figures in any such declaration or certificate, or any signature thereto, shall be deemed guilty of a misdemeanor. 321. The said survevors shall from time to time make such Surveyors to returns to the Board of Trade as it requires with respect to the of the build build, dimensions, draught, burden, rate of sailing, room for and other fuel, and the nature and particulars of machinery and equip- .of ateam- ments of the ships surveyed by them ; and every owner, master, ships, and and engineer of any such ship shall, on demand, give to such masters to survevors all such information and assistance within his power gpe infoirma- , . „ ,. n T L 1 1 tion for that as they reqmre for the purpose of such returns; and every such purpose. owner, master, or engineer who, on being applied to for that purpose, wilfolly refuses or neglects to give such information or assistance, shall be liable to a penalty not exceeding 51 296 MISCONDUCT BY PASSENGERS IN STEAMERS. §§ 322, 323. Penalties on drunken or disoiderly passengers. On persons molesting passengers. Penalties on persons forc- ing way on board the ship when full. And on per- sons refusing to quit the ship when full. Penalties for aroiding pay- ment of fares. Misconduct by Passengers in Steamers. Sections 322 and 323 are repealed by 25 & 26 Vict. c. 63, s. 2. 25 & 26 Vict. c. 63, s. 35.— The following offenders ; that is to say, (1.) Any person who, being drunken or disorderly, has been on that account refused admission into any duly sur- veyed passenger steamer by the owner or any person in his employ, and who, after having had the amount of his fare (if he has paid the same) returned or tendered to him, nevertheless persists m attempting to enter such steamer ; (2.) Any person who being drunk or disorderly on board any such steamer is requested by the o'mier or any person in his employ to leave the same at any place in the United Kingdom at which he can conveniently so do, and who, having had the amount of his fare (if he has paid the same) retm'ned or tendered to him, refuses to comply with such request ; (3.) Any jperson on board any such steamer who after warn- ing by the master or any other officer of the steamer molests or continues to molest any passenger ; (4.) Any person who, after having been refused admission into any such steamer by the owner or any person in his employ on account of su,ch steamer being fiill, and who after' having had the full amount of his fare (if he has paid the same) returned or tendered to him, nevertheless persists in attempting to enter the same ; (5.) Any person, having got on board any such steamer, who, upon being requested on the like account by the owner or any person in his employ to leave such steamer before the same has quitted the place at which such person got on board, and who upon having the full amount of his fare (if he has paid the same) returned or tendered to him, refuses to comply with such request ; (6.) Any person who travels or attempts to travel in any such steamer without having previously paid his fare, and with intent to avoid payment thereof ; (7.) Any person who, having paid his fare for a certain dis- tance, Imowingly and wilfully proceeds in any such steamer beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof ; (8.) Any person who knowingly and wilfully refuses or neg- lects, on arriving at the point to which he has paid his fare, to quit any such steamer ; and MISCONDUCT BY PASSENGERS IN STEAMERS. 297 (9.) Ally person on board any such steamer who does not §§ when required by the master or other officer of such 323-325, steamer either pay his fare or exhibit such ticket or other - receipt (if any) showing the payment of his fare as is usually given to persons trayelling by and paying their fare for such steamer ; Shall for every such offence be liable to a penalty not exceeding forty shillings ; but such hability shall not prejudice the recovery of any fare payable by him. 25 & 26 Vict. c. 63, s. 36. — Any person on board any such Penalty for steamer who wilfully does or causes to be done anything in injuring such a manner as to obstruct or injure any part of the ma- s'^|™^r °^ chinery or tackle of such steamer, or to obstruct, impede, or crew.^ '°^ molest the crew or any of them in the navigation or manage- ment of such steamer, or otherwise in the execution of their duty upon or about such steamer, shall for every such offence be hable to a penalty not exceeding twenty pounds. 25 & 26 Vict, c, 63, s. 37.— It shall be lawful for the master Manner of_ or other officer of any duly surveyed passenger steamer, and for apprehending all persons caUed by him to his assistance, to detain any person who has committed any offence against any of the provisions of the two last preceding sections of this Act, and whose name and address are unknown to such officer, and to convey such offender with all convenient despatch before some Justice without any warrant or other authority than this Act ; and such Justice shall have jurisdiction to try the case, and shall proceed with aU convenient despatch to the hearing and determining of the com- plaint against such offender. 324. Every person who, having committed any of the offences Penalty on mentioned in the two last preceding sections or either of them, refSg to refuses on application of the master of the ship or of any other give their person in the employ of the owner thereof to give his name and address. address, or who on such application gives a false name or address, shall incur a penalty not exceeding 20Z., to be paid to the said owner. 325. The master of any home trade passenger steam ship may Power to refuse to receive on board thereof any person who by reason of remove'"' drunkenness or otherwise is in such a state, or misconducts passengers himself in such a manner, as to cause annoyance to other ^^° ?',o^™°^ passengers on board, or if such person is on board, may put him duct them- on shore at any convenient place ; and no person so refused ''^^^^^• admittance or put on shore shall be entitled to the return of any fare he may have paid. 298 ACCIDENTS. g g Accidents. 336-3S9. 326. Whenever any steam ship has sustained or caused any , ., ~ accident occasioning loss of hfe or any serious injury to any steam ships person, or has received any material damage affecting her sea- t° B^ ^'^P"'"*^'^ worthiness or her eificiency either in her huh or in any part of Trade. her machinery, the owner or master shall, within twenty-four hours. after the happening of such accident or damage, or as soon thereafter as possible, send to the Board of Trade, by letter signed by such owner or master, a report of such accident or damage, and of the probable occasion thereof, stating the name of the ship, the port to which she belongs, and the place where she is ; and if such owner or master neglect so to do he shall for such offence incur a penalty not exceeding bQl. 327. Repealed ly 36 & 37 Vict. c. 85, s. 33. Notice to be given of apprehended loss of ship. Collisions to he entered in official log. 36 & 37 Vict. c. 85, s. 22. — If the managing owner or in the event of there being no managing owner the ship's husband of any British ship have reason owing to the nonappearance of such ship, or to any other circumstance, to apprehend that such ship has been wholly lost, he shall as soon as conveniently may be send to the Board of Trade notice in writing of such loss and of the probable occasion thereof, stating the name of the ship, and her oflBcial number, if any, 'and the port to which she belongs, and if he neglect to do so within a reasonable time he shall incur a penalty not exceeding fifty pounds. The name and address of the managing owner of every British ship must now be registered, see 39 & 40 Vict. c. 80, s. 36, under s. 33, p. 28. 328. In every case of collision, in which it is practicable so to do, the master shall immediately after the occurrence cause a statement thereof, and of the circumstances under which the same occurred, to be entered in the official log book (if any), such entry to be signed by the master, and also by the mate or one of the crew, and in default shall incur a penalty not exceed- ing 201. Restrictions on carriage of dangerous goods. Carrymg Dangerous Goods. 329. Repealed ly 36 & 37 Vict. c. 85, s. 33. 36 & 37 Vict. c. 85, s. 23. — If any person sends or attempts to send by, or not being the master or owner of the vessel, carries or attempts to carry in any vessel, British or foreign, any dangerous goods ; (that is to say), aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer matches, nitro-glycerine. DANGEKOUS GOODS. 299 petroleum, or any other goods of a dangerous nature, without distinctly marking their nature on the outside of the package containing the same, and giving notice of the nature of such goods and of the name and address of the sender or carrier thereof to the master or owner of the yessel at or before the time of sending the same to be shipped or taking the same on board the vessel, he shall for every such offence incur a penalty not exceeding one hundred pounds : Provided that if such person show that he was merely an agent in the shipment of any such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature, the penalty which he iucurs shaU not exceed ten pounds. 36 & 37 Vict. c. 85, s. 24. — If any person knowingly sends Qr attempts to send by, or carries or attempts to carry in any vessel, British or foreign, any dangerous goods or goods of a dangerous nature under a false description, or falsely describes the sender or carrier thereof, he shall incur a penalty not ex- ceeding five hundred pounds. 36 & 37 Vict. c. 85, s. 25. — The master or owner of any vessel, British or foreign, may refuse to take on board any package or parcel which he suspects to contain goods of a dangerous nature, and may require it to be opened to ascertain the fact. 36 & 37 Vict. c. 85, s. 26. — When any dangerous goods as defined in this Act, or any goods which in the judgment of the master or owner of the vessel, are of a dangerous nature, have been sent or brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, the master or . owner of the vessel may cause such goods to be thrown overboard, together with any package or receptacle in which they are contaiued ; and neither the master nor the owner of the vessel shaU in respect of such throwing overboard, be subject to any hability, civil or criminal, in any court. 35 & 36 Vict. c. 85, B. 27. — Where any dangerous goods have been sent or carried or attempted to be sent or carried, on board any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as afore- said, and where any such goods have been sent or carried, or attempted to be sent or carried under a false description, or the sender or carrier thereof has been falsely described, it shall be lawful for any Court having Admiralty jurisdiction to declare such goods, and any package or receptacle in which they are contained to be and they shall thereupon be forfeited, and when forfeited shall be disposed of as the Court directs. The Court shall have and ma^ exercise the aforesaid powers of forfeiture and disposal notwithstanding that the owner of the goods have not committed any offence under the provisions 339. Penalty for mis-desorip- tion of dangerous Power to refuse to carry goods suspected of teing dangerous. Power to throw over- board dangerous Forfeiture of dangerous geods im- properly sent. 300 DANGEROUS GOODS. § 329. Saving as to Dangerous Goods Act. of this Act relating to dangerous goods, and be not before the Court and have not notice of the proceedings, and not- withstanding that there be no evidence to show to whom the goods belong ; nevertheless, the Court may, in its discretion, require such notice as it may direct to be given to the owner or shipper of the goods before the same are forfeited. 35 & 86 Vict. c. 85, s. 28.— The provisions of this Act re- lating to the carriage of dangerous goods shall be deemed to be in addition to and not in substitution of or in restraint of any other enactment for the like object, so, nevertheless, that nothing in the said provisions shall be deemed to authorize that any person may be sued or prosecuted twice in the same matter. Harbour authorities to make rules for loading explosives. Penalty for preventing compliance with, rules. Distress may be levied. Act not to apply in certain cases. Exemption if breach of Act was inevi- table. By the " Explosives Act, 1875 " (x), s. 17, harbour authorities shall make regulations for the loading and unloading of explosives, and the navigation and place of mooring of ships carrying them. And in the case of any breach of the bye-laws, the harbour authorities may remove the vessel causing such breach at the expense of the owner. By s. 88, if the owner or master of the ship is prevented from complying with the Act by the wilful neglect or default of the consignor or consignee of the goods, or other person, such other person will be liable for the same penalty as the master or owner, and the conviction of such person shall exempt the owner or master. Under s. 95, where the owner or master of a ship is adjudged to pay a penalty, the Court may, in addition to any other power they may have for compelling payment, levy a dis- tress or arrestment on the ship and tackle. But (s. 98) the Act does not apply, — (1), to the keeping of any rockets for use in any apparatus for saving life, kept under the control of the Admiralty or Board of Trade ; or (2), to the keeping of explosives for signalling at or near a station on the sea coast, under the control of any general lighthouse authority, as defined by the " Merchant Shipping Act, 185i." A master or owner (s. 100) will he exempt from the penalties if he can prove that the breach of the Act was inevitable, or from the circumstances neces- sary. Any explosives kept in compliance with the rules for signals, &c. , under the Merchant Shipping Acts, are exempt from the Act, but are subject to harbour bye-laws. (x) 38 k 39 Vict. c. 17. PILOTAGE. 301 §330. PART V. PILOTAGE. Applkation. 330. The Fifth Part of this Act shall apply to the United AppUcation of Part y Kingdom only. Pilots. A " pilot" is defined by section 2 to be any person not belonging to a Definition of sbip who has the conduct thereof ; and a "qualified pilot" shall mean pilot, any person duly licensed by any pilotage authority to conduct ships to which he does not belong. He is excepted from the definition of a sea- man. A pilot supersedes the master, and the master is bound to obey his directions in the management of the vessel (a) ; if the master acts in Supersedes any way contrary to the opinion of the pilot, he will be responsible for the master, any damage that may occur by reason of such acts, notwithstanding that the pilot has charge of the ship (i). The mere fact of taking a pilot on Jiastgj and board does not exonerate the master and crew from the proper obser- crew must do vance of their own duty. It is the duty of the pilot to secure the safe their duty, conduct of the vessel by issuing the necessary orders, and it is the duty though pilot of the crew to carry those orders into execution ; and for the due per- '^ "'^ board, formance of their relative duties the master and crew are still respon- sible (c). As a rule the master should repeat the orders given by the pilot {d). There may be cases in which the master might be justified in resisting or interfering with the pilot, but the circum- stances must be very strong, and fully proved (e). When a vessel is Scope of taJdng up her berth, the time and manner of dropping the anchor is pilot's duties, exclusively within the province of the pilot (/) ; he must also decide whether the ship is to anchor or to proceed {g), and if she anchors, how much cable must be let out (7t). In short, to the pilot belongs the whole conduct of the navigation of the ship, to the safety of which it is important that the chief direction should be vested in one person only (i). When the pilot is taken on board a ship that is being towed, his au- ship in tow. thority extends to the tug as well, and the crew of the tug should obey (a) The Julia, Lush. (P. C. ) 232. The master is the proper person to de- termine -whether a tug shall be employed in ordinary cases ; but when the ship is in distress the pilot should then decide this. (6) The Julia, Lush. (P. C.) 232 ; 14 Moo. P. C. 210. (c) The Diana, 1 W. Kob. 136 ; The Portsmouth, 6 C. Rob. 317 n. (d) The Admiral Boxer, Swa. 196. le) The Admiral Boxer, Swa. 196 ; The- Maria, 1 W. Bob. 110 ; The Duhe of Manchester, 2 W. Kob. 478 ; 6 Moo. P C. 90. (/) The Agricola, 2 W. Kob. 10. Ig) The UcMibo, 3 W. Kob. 321. (h) The City of Cambridge, L. K. 5 P. C. 451. (i) The Christiania, 6 Moo. P. ,0, 371, 302 SIGNALS FOR PILOTS. § 330. Owner's immunity. Foreign vessels. Pilot should be employed when special knowledge is necessary. When no pilot can be got Signals for pUots. his directions (/i). As regards liability for damage to third vessels, a tug and a tow are considered as one ship (7). See p. 268. The owner is not free from liability for damage done by his ship while in charge of a pilot, unless he is compelled by law to employ the pilot (m) ; and if a pilot is employed from choice, he is the agent of the owner, and the owner is therefore responsible for damage the ship may ■ do while thus in charge of the pilot (»). See sec. 388, p. 345, as to owner's immunity when compelled to employ a pilot. Every pilot should always have with him the evidence of his authority, for it is only by this that the master of a vessel can know whether the pilot is qualified to take charge of his ship (p). Foreign Foreign vessels entering British ports are subject to the same rules of pilotage as British vessels. Though the Legislature has no authority over foreign vessels on the high seas, it may impose any conditions upon them when entering a British port, and a vessel not complying with these conditions is guilty of a violation of English law, and of an attempt to make an illegal entry (p). Employment of Pilots mlien not compnlsory hy Statute. Besides those cases in which a master is compelled by statute to em- ploy a pilot, it is part of his duty towards the owners of the ship and cargo, and towards the insurers, to employ one whenever special know- ledge of the locality is necessary for the safety of the ship, and when the master or mate do not themselves possess such special knowledge {q). But i£ the master has used due diligence to procure a pilot, and has been unable to get one, it is then competent for him to exercise his discretion, whether it would be better to enter the harbour without one, or remain where he is {r). Signals for Pilots. 36 & 37 Vict. c. 85, s. 19. — If a vessel requires the services of a pilot, the signals to be used and displayed shall be those specified in the Second Schedule to this Act. Any master of a vessel who uses or displays, or causes or permits any person under his authority to use or display, any of the said signals for any other purpose than that of sum- moning a pilot, or uses, or causes or permits any person under his authority to use any other signal for a pilot, shall incur a penalty not exceeding twenty pounds. (h) The Christiania, 3 W. Koh. 27 ; The Energy, L. R. 3 A. & E. 48. (f) The Cleadon, Stevens v. Oourley, 14 Moo. P. C. 92. (m) The Peerless, Lush. 103 ; 13 Moo. P. C. 484. (n) The Neptune the Second, 1 Dods. Ad. 467 ; The Eden, 2 W. Rob. 442 ; Paisons on Shipping (ed. 1869), II. 114. (o) Hammond v. Blake, 10 B. & 0. 424 ; Commonwealth v. Bicketson, 46 Mass. (Amer. Rep.), 412. (p) The AnmapoUs, Lush. 308. (5) Law V. EoUingsworth, 7 T. R. 161 ; M'MiUan v. Union Insurance Co., 1 Rice (Amer. Rep.), 248. (r) Phillips V. Eeadlam, 2 B. & Ad. 384. POWERS OF PILOTAGE AUTHORITIES. 303 SCHEDULE II. Signals to he laaie ly Ships wanting a Pilot. 330-332. In the Daytime.— The following signals numbered 1 and 2, when Day signals, used or displayed together or separately, shall be deemed to be signals for a pilot in the daytime, viz. : 1. To be hoisted at the fore, the Jack or other national colour usually worn by merchant ships, having round it a white border, one-fifth of the breadth of the flag ; or, 2. The international code pilotage signal indicated by PT. At Mght.— The following signals numbej-ed 1 and 2, when used or Night signals, displayed together or separately, shall be deemed to be signals for a pilot at night, viz. : 1. The pyrotechnic light, commonly known as a blue light, every fifteen minutes ; or, 2. A bright white light flashed or shown at short or frequent intervals just above the bulwarks, for about a minute at a time. The characteristics of pUot boats are set out in sec. 346, p. 317. 36 & 37 Vict. c. 85, s. 20. — Her Majesty may from time to Power to alter time by Order in Council repeal or alter the rules as to signals rules as to contained in the schedules to this Act, or make new rules in signals. addition thereto, or in substitution therefor, and any alterations in or additions to such rules made in manner aforesaid shall be of the same force as the rules in the said schedules. Powers of Pilotage Authorities {General). 331. Every pilotage authority shall retain all powers and General jm-is- jurisdiction. which it now lawfully possesses, so far as the same pJiow are consistent with the provisions of this Act ; but no law authorities. relating to such authority, or to the pilots licensed by it, and no act done by such authority, shall, if inconsistent with any provision of this Act, be of any force whatever. 332. Every pilotage authority shall have power, by byelaw Power of pilot- made with the consent of Her Majesty in Council, to exempt ^S^ authorities the masters of any ships, or of any classes of ships, from being extend ex- compelled to employ qualified pilots, and to annex any terms ®^*'°j'*® ^^°^ or conditions to such exemptions, and to revise and extend pilotage. any exemptions now existing by virtue of this Act or any other Act of Parliament, law, or charter, or by usage, upon such terms and conditions and in such manner as may appear desirable to such authority. For the special powers conferred on the Trinity House, see sec. 368 et seq., p. 329. See under sec. 353, p. 320, et seq., as to what ships aie exempted. 304 POWERS OP PILOTAGE AUTHORITIES. 338,{333. Pilots for exempted ships to produce certificates. Of previous service. Of good conduct. Of health. Pilot may be qualified after two years' experience. License only to be used for exempted Not to super- sede regular pilot. Subject to bye-laws. Payments. Powers of pilotage authorities. To determine qualifications of pilots : Pilots for Exemtpted Shij}s. By an Order in Council of the 5th February, 1873 («), made pursuant to section 333, the following regulations were approved : I. All persons applying for licenses as pilots for such exempted ships on the river Thames between London-bridge and Gravesend, shall pro- duce such certificates as shall be deemed satisfactory by the Trinity House previously to examination, as in the said Act provided, on the following points, viz. : — (1.) Their qualification by previous service under the rule hereinafter provided. (2.) Their previous good conduct, and habits of sobriety. (3.) That they are in good health, and not afllicted with any bodily complaint or infirmity rendering them unfit to perform the duties of a pilot, which last certificate shall be under the hand of a duly authorised medical practitioner. II. Any person who shall be able to prove to the satisfaction of the Trinity House that he has piloted ships on the River Thames between London-bridge and Gravesend for a period of two years previously to the date of this bye-law, or that he is otherwise eligible by practical ex- perience in the navigation of vessels within that district, shall be deemed qualified, after examination as in the said Act provided, to be licensed as a pilot for the navigation up and down the River Thames between London-bridge and Gravesend subject to the follow terms and con- ditions, viz. : — (1.) That such license shall authorise him to act as pilot only on board such exempted ships and no others ; all pilots so licensed being intended to be designated " Pilots for exempted ships." (2.) That such license shall not authorise him to supersede in the charge of any ship any other pilot duly licensed by the Trinity House for the said navigation between London-bridge and Gravesend. (3.) That he shall be subject to all bye-laws, rules, orders, and regula- tions made, or hereafter to be made, by the Trinity House, for the government of pilots generally, and to all penalties thereby imposed and provided, unless specially exempted therefrom. (4.) That he shall pay the like sums of money as are payable by pilots licensed for the London district on their appointment, and on the annual renewal of their licenses, but shall not be required to pay to the Pilot's Fund the poundage of sixpence in the pound upon the pilotage earnings of pilots licensed by the Trinity House, as provided by the 385th section of the said Act, nor shall he or his widow or children be entitled to any benefit from the said Pilot's Fund. 333. Subject to the provisions contained in the Fifth Part of this Act, it shall be lawful for every pilotage authority, by byelaw made with the consent of Her Majesty in Council, from time to time to do all or any of the following things within its districts ; (that is to say,) (1.) To determine the qualifications to be required from persons applying to be licensed as pilots, whether in (s) See London Gazette, 11th Feb. 1873. POWERS OF PILOTAGE AUTHORITIES. 305 respect of their age, skill, time of seryice, character, or § 333. otherwise : (2.) To make regulations as to the approval and licensing of To make regu- pilot boats and ships, with power to establish and ^^|ot°-^o^tg*° regulate companies for the support of such boats and ships, and for a participation in the profits made there- by ; the companies so established to be exempt from the provisions of the Act passed in the session holden in the seventh and eighth years of the reign of Her present Majesty, chapter one hundred and ten, inti- tuled An Act for the registration, incorporation, and regulation of joint stock companies : (3.) To make regulations for the government of the pilots Tomakeregiv licensed by them, and for insuring their good conduct, government of and their constant attendance to and effectual perform- pilots : ance of their duty, either at sea or on shore : (4.) To fix the terms and conditions of granting licenses to Tomakeregu- pilots and apprentices, and of granting such pilotage ugen^es^and certificates as hereinafter mentioned to masters and certificates : mates, and to make regulations for punishing any breach of such regulations as aforesaid committed by such pilots or apprentices or by such masters and mates by the withdi-awal or suspension of their licenses or certificates, as the case may be, or by the infliction of penalties to be recoverable summarily before two jus- tices, so that no such penalty be made to exceed the sum of 20?., and so that every such penalty be capable of reduction at the discretion of the justices by whom the same is inflicted : (5.) To fix the rates and prices or other remuneration to be To alter and demanded and received for the time being by pilots piio"tage?^^ ° licensed by such authority, or to alter the mode of re- munerating such pilots, in such manner as such autho- rity may, with such consent as aforesaid, think fit, so that no higher rates or prices be demanded or received from the masters or owners of ships in the case of the Trinity House than the rates and prices specified in the table marked U. in the schedule hereto ; and in the case of all other pilotage authorities, than the rates and prices which might have been lawfully fixed or de- manded by such pilotage authorities respectively under 306 POWERS OF PILOTAGE AUTHORITIES. § 333. To ai'vange the limits of pilotage districts : To establish, funds for superannuated pilots : To alter byelaws. any Act of Parliament, charter, or custom, in force immediately before the commencement of this Act : (6.) To . make such arrangement with any other pilotage authority for altering the limits of their respective dis- tricts, and for extending the powers of such other autho- rity or the privileges of the pilots licensed by such other authority or any of them to all or any part of its own district, or for limiting its own powers or the privileges ■ of its own pilots or any of them, or for sharing the said last-mentioned powers and privileges with the said other authority and the pilots licensed by it, or for delegating or surrendering such powers and privileges or any , of them to any other pilotage authority either already constituted or to be constituted by agreement between such authorities, and to the pilots licensed by it, as may appear to such pilotage authorities to be de- sirable for the purpose of facilitating navigation or of reducing charges on shipping : (7.) To establish, either alone or in conjunction with any other pilotage authority or authorities, funds for the relief of superannuated or infirm qualified pilots, or of their wives, widows, or children, or to make any new regulations with respect to any fands already applicable to the above purposes or any of them, with power to determine the amount, manner, time, and persons (such persons to be in the service of such pilotage authority) to and in which and by and upon whom the contribu- tions in support of such existing or future funds may be jnade or levied ; and further, to declare the persons or class of persons (such persons or class of persons being confined to men in the service of such pilotage authority, their wives, widows, or children), entitled to participate in the benefits of such existing or fature funds, and the terms and conditions upon which they are to be so entitled : (8). To repeal or alter any byelaw made in exprcise of the above powers, and to make a new byelaw: or new jbyelaws in lieu thereof: ■ And every byelaw duly made by any pilqt^ige authority in exercise of the powers hereby given to it shall be valid and effectual, notwithstanding any Act of Parliament, rule, law, or custom to the contrary. POWERS OF PILOTAGE AUTHORITIES. 807 As to when a pilot may claim extra remuneration as a salvor, see sec. 483, p. 405. 25 & 26 Vict. c. 63, s. 39.-Whereas it is enacted by the principal Act that every pilotage authority shall have power, in manner and subject to the conditions therein mentioned, to do the following things ; (that is to say,) To exempt the masters of any ships or of any classes of ships from being compelled to employ qualified pilots : To lower and modify the rates and prices or other remunera- tion to be demanded and received for the time being by pilots licensed by such authority : To make arrangements with any other pilotage authority for altering the limits of their respective districts, and for extending the powers of such other authority, and trans- ferring its own powers to such last-mentioned authority : And whereas it is expedient that increased facilities should be given for effecting the objects contemplated by the said recited enactments, and for further amending the law concerning pilotage, and that in so doing means should be afforded for paying due regard to existing interests and to the circumstances of particular cases : Be it enacted, that it shall be lawful for the Board of Trade, by Provisional Order, to do the following things ; that is to say, (1.) Whenever any pilotage authority residing or having its place of business at one port has or exercises juris- diction in matters of pilotage in any other port, to transfer so much of the said jurisdiction as concerns such last-mentioned port to any harbour trust or other body exercising any local jurisdiction in maritime matters at the last-mentioned port, or to any body to be constituted for the purpose by the Provisional Order, or, m cases where the said pilotage authority is not the Trinity House of Deptford Strond, to the said Trinity House ; or to transfer the whole or any part of the jurisdiction of the said pilotage authority to a new body corporate or body of persons to be constituted for the purpose by the Provisional Order; so as to represent the interests of the several ports concerned : (2.) To make the body corporate or persons to whom the said transfer is made a pilotage authority within the meaning of the Principal Act, with such powers for the purpose as may be in the Provisional Order in that behalf mentioned : To determine the limits of the district of the pilot- age authority to which the transfer of jurisdiction is made : To sanction a scale of pilotage rates to be taken by X 2 § 335. Power of pilotage authorities to exempt from compul- sory pilotage. To alter and reducei rates of pilotage. To arrange the limits of pilotage districts. Power iby Provisional Order, — To transfer pilotage juris- diction. And to make consequent arrangements. F4 P |zi P m M B U OQ tS >?i EH O 1 — 1 h3 /^ Ph *o fa , o fH 4 13 o eo eo Ph CO B m tj aa CQ ^g So U M R H Q H M ii -^ H O >A )-t Ph o B O pJBM. -dn puB ?03a 85 ,00 « m CO © 1" ! 1 1 1 1 1 1 1 r 1 1 1 cq £ s.d. 16 11 3 23 3 9 24 16 9 27 12 05 OS OSO 1-1 rH oeo oeo rHrH U3 0S 1 1:1 1 1 1 1 1 s £!. d. 14 6 3 21 5 23 24 16 9 »** 00 10 12 6 12 11 3 13 16 OCO 1 CO 1 "" CO Oi OS 00 0' OS 1 1 1 4^ .t- CO lOrH ■* CD rH 9 13 3 11 11 9 12 17 6 3 11 3 7 11 9 8 14 9 W CO to o> eo 10 00 Jt- 00 CO t- CO 10 00 OS rH CO 01 eo a, 00 en 03 11 10 16 13 18 11 9 19 11 20 10 3 00 CO 8 5 6 9 4 11 9 OCO eo co.c(t t- coo t- eo 7 16 6 5 16 6 8 9 CD CO oo CO eo CO 00 OS 00 oo £s. d. 10 17 14 1 6 15 9 16 5 9 17 6 CD in 6 16 3 8 3 9 9 4 3 2 5 12 5 19 6 00 iH CO 7 73 5 3 6 6 16 eo CO CD iH OS OS 1-t C in e» 00 CO CD C4 o» 00 CO 00 ■ CO £ s.d. 7 7 3 9 13 3 10 U 9 11 10 rH CO OCO CO t-CO Th ..^Hin CO 2 3 9 3 11 9 4 2 9 CO fH in 6 10 6 3 4 6 3 13 6 CO CO 3 in CD 01 CO OS >n o> 00 CO £ eo t-t £ >. d. 6 13 6 8 19 6 9 8 6 10 2 6 10 11 6 OS r-t eo 4 2 9 4 19 5 15 1 19 3 2 6 3 13 6 cq 5 13 2 15 3 3 4 6 CO rH in CO s OS rH s CO OS in o fa £«. d 6 6 8 6 6 8 14 9 9 4 9 13 3 CD eo 3 18 3 4 10 8 5 5 9 1 14 6 2 13 6 3 4 6 c» cq 4 12 2 6 2 15 3 cq tH Ttl CO tH in eo cq tH iH CO iH in CO m eo in £ rH ^ Cs OS CO CO CD 3 3 9 4 2 9 4 16 6 1 10 2 4 3 2 15 3 CD CO CO 4 2 9 1 16 9 2 6 OS C'l rH rH rH £ 5 13 6 18 7 2 6 7 11 9 7 17 3 CO s 2 19 9 3 13 6 4 2 9 16 3 1 16 9 2 6 CD CO 3 13 6 17 6 1 16 9 CO 2 CO cq CO OS C Blackstakes . . J Long Reach . Woolwich or BlaokwaU Moorings or London \ Docks . . .J i CQ t gs go stakes . . } Long Reach or Chatham Woolwich or Blackwall Moorings or London 1 Docks- . . . Long Reach . Woolwich or Blackwall Moorings or London ) Docks . ... J" Sheemess, Standgate Creek, or Blaok- BtaJ£es . ,. Chatham . , Woolwich or Blackwall Moorings or London Docks . Sheemess, Standgate Creek, or Black- stakes . Chatham ... 1 ■ Sheemess, Standgate Creek, or Black- stakes . . . , Chatham S .^ j-^ The Sea, Or- fordnes.s, the Downs, _ Hoseley Bay, and vice vend . CO §"8 IP III 1 J3 S Si-l ■e a 03 "souwjstp ^BlJiJ JO iJisd' ^U13 JO} 'nopfjodoad ni puB Juopuoq 04 pu3 -B9AV.10 moaj oouuis^p oioqiu eq^ joj dm J9 j 4J -P -t^ a. a si .9 'C g Pi §3 : 3Sg 'f •puas9A'GjQ QAoqti ora'Gqji JOAjii 9q^ ui •8 S-a H ■g kO -* CO CD PJ »« T*( CO Tons, and under 600. ti OB 0, S =1) ^ CO (M -a" S S g" Cfl M ca '-' 160 Tons and under 250. •8 «9 CI) CT »- . ■s Ton and nde 160. » ,0 CO 5(1 IM i-H ^ 1^ z-^^*— ^ /■^-'— . .— J>-N :3 ■ D2 d • PI Pilot of S totl g3 For putting a for Pilotag Anchorag 15 « ,s fe ?^ i ^ fO riH .0 S «ja ,& a 1 S ^ ■s § ff 5 1 .S g "S £ bi5 a 1 is 4.- ^ ■a 310 POWERS OF PILOTAGE AUTHORITIES; § 333. To Constitute new autho- rities. To exempt from compul- sory pilotage in any district. To enable existing authorities' to grant licenses and iix rates. To raise rates. To facilitate recovery of rates in cer- tain cases. the pilots to be licensed by the laBt-mentioiaed pilotage authority : . I ' To determine to what extent and under what con- ditions any pilots Mready licensed by the forjiner pilotage authority shall continue to act under the Hew pilotage authority : , _ To sanction arrangeriients for the appo]|tionnient of any pilotage ftmds belonging to the pilots licensed by the former pilotage authority between the pilots re- maining under the jurisdiction of that authority and the pilots who are transferred to the jurisdiction of the new authority : ; ; ' To provide for such compensation or superannua- tion as may be just to oflBcers employed by the former pilotage authority and not continued by the new authority : (3.) To constitute a pilotage authority and to fix the limits of its district in any place in the United Kingdom where there is no such authority ; so, however, that in the new pilotage districts so constituted there shall be no compulsory pilotage, and no restriction on the power of duly qualified persons to 'obtain' licenses as pilots : (4.) To exempt the masters and owners of all ships, or of any classes of ships, from being obliged to employ pilots in any pilotage district or in any part of any pilotage district, or from being obliged to pay for pilots when not employing them in any district or in iany part of any pilotage district, and to annex any terms and con- ditions toi such exemptions : (5.) In cases where the pilotage is not compulsory, and where th6re is no restriction on the power of duly quahfied jpersons to obtain licenses as pilots, to enable any pilotage authority to license pilots and fix pilotage rates for any part of the district within the jurisdiction of such authority for which no sucb licenses or rates now exist : i (6.) In cases where the pilotage is not compulsory, and where there is no restriction on the power of duly qualified persons to obtain licenses as pilots, to enable any pilotage authority to raise all or any of the pilot- age rates now in force in the district qr any part of the district within the jurisdiction of such authority : (7.) In cases where the pilotage is not compulsory, and where there is no restriction on the number of pilots, or' on the power of duly qualified persons to obtain licenses as pilots, to give additional facilities for the recovery of pilotage rates and for the prevention of the employment of unqualified pilots : POWERS OP PILOTAGE AUTHORITIES. 311 (8.) To give facilities for enabling duly qualified persons, after proper examination as to their qualifications, to obtain licenses as pilots. 25 & 26 Vict. c. 63, s. 40.— The following rules shall be ob- served with respect to provisional orders made in pursuance of this Act : (1.) Application in writing for such order shall be made to the Board of Trade by some persons interested in the pilotage of the district or in the operation of the laws or regulations relating to such pilotage :' (2.) Notice of such application having been made shall be published once at the least in each of two successive weeks in the month immediately succeeding the time of such application in the Shipping Gazette, and in some newspaper or newspapers . circulating in the county, or, if there are more than one, in the counties adjacent to the pilotage district to be affected by the order : (3.) The notice so published shall state the objects which it is proposed to effect by the provisional order : (4.) The Board of Trade on receiving the application shall refer the same to the pilotage authority or authorities of the district, and shall receive and consider any objec- tions which may be made to the proposed provisional order, and shall for that purpose allow at least six weeks to elapse between the time of referring the application to the pilotage authority and the time of making the provisional order : (5.) The Board of Trade shall, after considering all objec- tions, determine whether to proceed with the provisional order or not ; and shall, if they determine to proceed with it, settle it in such manner and with such terms and conditions, not being inconsistent with the pro- visions of this Act, as they may think fit ; and shall, when they have settled the same, forward copies thereof to the persons making the application and to the pilot- age authority or authorities of the district or districts to which it refers : (6.) No such provisional order shall take effect unless and until the same is confirmed by Parliament ; and for the purpose of procuring such confirmation the Board of Trade shall introduce into Parliament a public general bill, or public general bills, in which, or in the schedule to which, the provisional order or pro- visional orders to be thereby confirmed shall be set out at length : (7.) If any petition is presented to either House of Parlia- ment against any such provisional order as aforesaid in the progress through Parliament of the bill confirming § 333. To facilitate grants of licenses. Regulations with, respect to manlier of making and confirming provisional orders. Board of Trade to consider objections. Provisional ' orders to be confii-med by- Parliament. Petitions to be referred to select committee. 312 BETUKNS BY PILOTAGE AUTHORITIES. 333-337. the same, so much of the bill as relates to the order so petitioned against may be referred to a select com- mittee, and the petitioner shall in such case be allowed to appear and oppose as in the case of private bills. Publication of byelaws. Byelaws to be laid before parliament. Power of appeal to Board of Trade by persons aggrieved by byelaw. 334. Every bye-law proposed to be enacted by any pilotage authority in pursuance of the foregoing powers shall, before it is submitted to Her Majesty in Council for her assent, be pub; lished in such manner as may from time to time be prescribed by the Board of Trade. 335. Every Order in Council made in pursuance of the pro- visions hereinbefore contained shall be laid before both Houses of Parliament as soon as possible after the making thereof. 336. If the greater part in number of the qualified pilots belonging to any port, or the local marine board, where there is one, or at any port where there is no local marine board, if any masters, owners, or insurers of ships, being not less than six in number, consider themselves aggrieved by any regula- tion or byelaw in force when this Act comes into operation or hereafter made under some authority other than the provisions of this Act, or by any defect or omission therein, they may appeal to the Board of Trade, and the said board may there- upon revoke or alter any such regulation or byelaw or may make additions thereto in such manner as, having regard to the interests of the persons concerned may appear to be just and expedient ; and every order so made shall be conclusive in the matter. Pilotage au- thorities to make full returns to the Board of Trade of certain par- ticulars con- nected with pilotage. Returns by Pilotage Authorities (General). 337. Every pilotage authority shall deliver periodically to the Board of Trade, in such form and at such times as such board requires, returns of the following particulars with regard to pilotage within the port or district under the jurisdiction of such authority ; (that is to say,) (1.) All byelaws, regulations, orders, or ordinances relating to pilots or pilotage for the time being in force : (2.) The names and ages of all pilots or apprentices licensed or authorised to act by such authority, and of all pilots or apprentices acting either mediately or immediately HETURNS BY PILOTAGE AUTHORITIES. 313 under such authority, whether so licensed or authorised § § /OS m^^°'' 337, 338. (3.) The service for which each pilot or apprentice is licensed : (4.) The rates of pilotage for the time being in force, in- cluding therein the rates and descriptions of all charges upon shipping made for or in respect of pilots or pilotage : (5.) The total amount received for pilotage, distinguishing the several amounts received from British ships and from foreign ships respectively, and the several amounts received in respect of different classes of ships paying different rates of pilotage, according to the scale of such rates for the time being in force, and the several amounts received for the several classes of service ren- dered'" by pilots ; and also the amount paid by such ships (if any) as have before reaching the outer limits of pilotage water if outward-bound, or their port of destination if inward-bound, to take or pay for two or more pilots, whether licensed by the same or by dif- ferent pilotage authorities ; together with the numbers of the ships of each of the several classes paying such several amounts as aforesaid : (6.) The receipt and expenditure of all monies received by or on behalf of such authority, or by or on behalf of any sub-commissioners appointed by them, in respect of pilots or pilotage : And shall allow the Board of Trade, or any persons appointed by such board for the purpose to inspect any books or docu- ments in its possession relating to the several matters herein- before required to be returned to the Board of Trade. 338. If any of such pilotage authorities as aforesaid (other If local autho. than the Trinity House, or sub-commissioners of pilotage ap- ^^e ^e *° pointed by it, as hereinafter mentioned,) fail to deliver to the required Board of Trade the periodical returns hereinbefore required Jui-Mction"^ within one year of such time as may be fixed by such board may be trans- fer the purpose, or if any of such authorities do not allow the ^"^^ to the said board, or any persons who may be appointed by it for the purpose, to inspect any books or documents in their possession relating to the matters hereinbefore required to be returned by 814 LICENSING OF MASTERS AND MATES. R s them, it shall be lawful for Her Majesty, by and with the ad- 338-340. '^i'^^ of ^^''^ Privy Council, to direct that all the rights and powers of such authorities in respect of pilotage shall cease or be suspended during such time as Her Majesty directs ; and thereupon the Trinity House shall thereafter, or during such time as such suspension may continue, have and exercise the same powers of appointing sub-commissioners of pilotage, and of licensing pilots, and of establishing and altering rates of, pilotage, within the district within which the authority so making default has previously appointed or licensed pilots, as it is by this Act authorised to exercise in any district for which no particular provision is made by any Act of Parliament or charter for the appointment of pilots, and shall also during such time as aforesaid have and exercise the same rights, title, and powers to and in respect of any pilotage funds or other pilotage property which the said pilotage authorities would or might have had or exercised if not so suspended as aforesaid. 339. The Board of Trade shall without delay cause the several returns hereinbefore required to be made to such board to be laid before both Houses of Parliament. Licensing of Masters and Males {General). 340. The master or mate of any ship may, upon giving due notice, and consenting to pay the usual expenses, apply to any pilotage authority to be examined as to his capacity to pilot the ship of which he is master or mate, or any one or more ships ^belonging to the same owner, within any part of the dis- trict over which such pilotage authority has jurisdiction ; and such master or mate shall, if such' authority thinks fit, there- upon be examined ; and if found competent a pilotage certi- ficate shall be granted to him, containing his name, a specifi- cation of the ship or ships in respect of which he has been ex- amined, and a description of the limits within which he is to pilot the same, such limits to be within such jurisdiction as aforesaid ; and such certificate shall enable the person therein named to pilot the ship or any of the ships therein specified, of which he is acting as master or mate at the time, but no other, within the limits therein described, without incurring any penalties for the non-employment of a qualified pilot. Mere granting A mere granting of a certificate is not sufficient according to the true' not sufficient, intent of this section, to enable the master to pilot the ship specified. Eeturns to be laid before parliament. ' Master or mate, if examined and passed, to receive a pilot- age certificate, enabling him to pilot par- ticular ships. LICENSING OF MASTERS AND MATES. 315 It is necessary that the certificate should be producible, that the master , c o 340-343. should not only have cognisance of it, but have it ready to produce. If this were not requisite, how ctJuld a licensed pilot, offering his services within the district, be assured that the vessel was exempt ? The master is described in the certificate, to assist in his identification as the holder ofit(*). And for the same reasons the pilot is bound to • have the evi- dence of his authority with him, and be able at all times to pro- duce it («). By Order in Council, dated 16th July, 1857, Any master or mate who License for holds a pilotage certificate granted by the Trinity House under this Act, ships of same ' enabling him to pilot any ship or ships, shall be qualified to pilot any owner, other ship or ships belonging to the same owner or owners as the ship or ships for which his certificate was granted within the limits described in such certificate, without being compelled to employ a pilot, on the following conditions, viz. : — The ship or ships which he is so qualified to pilot shall be of no Same draught greater draught of water than the ship or ships in respect of which his ^' water, certificate was granted. The name and description of every ship which he is so qualified to Name of ship pilot shall have been by or with the consent of the Trinity House first in certificate, added to, or indorsed upon, his certificate. 341. The pilotage certificate so granted shall not be in force Renewal of for more than one year, unless the same is renewed, which may certificate. from time to time be done by an endorsement under the hand of the secretary or other proper officer of the authority by whom such certificate was granted. 342. If upon complaint to the Board of Trade it appear to Board of Trade such board that any such authority as aforesaid has with- and^OTaat^ out reasonable cause refused or neglected to examine any pilotage cer- master or mate who has applied to them for the purpose, mates,^on° or after he has passed the examination has, without reason- pUotage au- able cause refused or neglected to grant him a pilotage ing to'dolo?" certificate, or that the examination of any such master or mate has been unfairly or improperly conducted, or that any terms imposed or sought to be imposed by such authority are unfair or improper, or that any pilotage certificate granted by such authority has been improperly withdrawn, the Board of Trade may, if in its judgment the circumstances appear to require it, appoint persons to examine such master or mate, and if he is found competent may grant him a pilotage certificate, contain- ing the same particulars as would have been inserted in any certificate granted by such pilotage authorities as aforesaid. * (t) The KiUcmiey, Lush. 210 ; 1 Mar. Law Cas. 121. («) Hammond v. Blake, 10 B. & C. 424 ; Commonwealth v. Ricketson, 46 Mass. (Amer. Eep.), 412. See sec. 351, p. 319. 316 LICENSING OF MASTERS AND MATES. Fees to be paid upon such certificates and the renewals thereof. 8 S upon such terms and conditions, and subject to such regula- 342-344. tions, as such board may think fit ; and such certificate shall have the same effect as if it had been granted by such pilotage authority as aforesaid ; and such certificate shall be in force for one year, and may be renewed from year to year, either by the said authorities in manner hereinbefore mentioned, or by the Board of Trade, if such board thinks fit, such renewal to be indorsed on the said certificate, either by such person as the Board of Trade may appoint for the purpose, or in manner hereinbefore provided as to certificates granted by any pilotage authority. 343. All masters or mates to or for whom any such pilotage certificates as aforesaid are granted or renewed by any pilotage authority shall pay to such authority, or as it directs, such fees upon their respective certificates and upon the renewals thereof, as are from time to time fixed for that purpose by such au- thority, with the consent of the Board of Trade ; and all masters and mates to or for whom any such certificates are granted or renewed by the Board of Trade shall pay to such board, or as it directs, such fees upon their certificates and upon the renewals thereof as may be fixed by such board, so never- theless that in the case of pilotage certificates granted or renewed by the Board of Trade such fees shall in no case be less than the fees payable by the qualified pilots in the same district upon their licenses and the renewal thereof ; and such fees shall in the case of certificates and renewals granted by pilotage authorities be applicable either to paying the expense of the examinations, or any other general expenses connected with pilotage incurred by such authorities, or to the pilot's superannuation fund of the district (if any), or otherwise for the benefit of the pilots appointed by such authorities, as such authorities think fit ; and such fees shall in the case of pilot- age certificates granted or renewed by the Board of Trade be applicable to the expense of the examinations, and the surplus (if any) shall be applied for the benefit of the qualified pilots of the port or district to which such certificates apply, in such manner as such board thinks fit. 344. If at any time it appears to the Board of Trade or to any pilotage authority that any master or mate to whom a pilotage certificate has been granted by such board or authority' has been guilty of misconduct, or has shown himself incom- Power to with- draw pUotage certificates. PILOT BOATS. 317 petent to pilot his ship, such board or such authority (as the §§ case may be) may thereupon withdraw his certificate, and 344-346. such certificate shall thenceforth cease to be of any effect whatever. As to ofEences of pilots, see sec. 365, p. 326. Pilot Boats {General). 345. All boats and ships regularly employed in the pilotage Pilot boats service of any district shall be approved and licensed by the p°J^*^ed^ pilotage authority of such district, who may, at their discre- tion, appoint and remove the masters of such boats and ships. 346. Every pilot boat or ship shall be distinguished by the characteristics following characteristics ; (that is to say,) of pilot boats. (1.) A black colour painted or tarred outside, with the ex- Colour. ception of such names and numbers as are hereinafter mentioned ; or such other distinguishing colour or colours as the pilotage authority of the district, with the consent of the Board of Trade directs : (2.) On her stern the name of the owner thereof and the Name, port to which she belongs painted in white letters at least one inch broad and three inches long, and on each bow the number of the license of such boat or ship : (3.) When afloat, a flag at the mast-head or on a sprit or I"lag- staff, or in some other equally conspicuous situation ; such flag to be of large dimensions compared with the size of the boat or ship carrying the same, and to be of two colours, the upper horizontal half white, and the lower horizontal half red : And it shall be the duty of the master of such boat or ship to Duties of attend to the following particulars : first, that the boat or ship ™^^ ^^' possesses all the above characteristics ; secondly, that the afore- said flag is kept clean and distinct, so as to be easily discerned at a proper distance ; and, lastly, that the names and numbers before mentioned, are not at anytime concealed ; and if default is made in any of the above particulars he shall incur a penalty not exceeding 20/. for each default. Additional Marlts. In addition to the marks required by this section, it is ordered by the f^V™^^'' '^"^ Trinity House that all pilot vessels licensed by them shall have the i"'™^' ™ PO"- 318 PILOT LICENCES. 346-349. Qualified pilot to display iiag tliougn not in pilot boat. Penalty on ordinary boat displaying pilot flag. ninnber of snoh ■vessel and the initial letter of the port- to whic|i she be-, longs, painted black on the mainsail and trysail thereof. That the figure or figures of such number and the initial letter of the port shall be six feet in length, and of proportionate breadth ; and that the said number shall be placed immediately above the centre of the line from the throat to the leaoh of the mainsail, and the initial letter immediately beneath the said number. Also, that the license of every pilot vessel shall be immediately withdrawn on board of which, while holding any license as such any main or trysail shall be found not marked in the manner hereinbefore directed. See Art. VIII. of the Eules of the Sea, p. 270, as to wHat'lightspilot vessels carry. See 36 & 37 Vict. c. 85, s. 19, under s. 330, p. 302, as to what signals are to be made for pilots. 3^7. Whenever any qualified pilot is carried off in a boat or ship not in the pilotage service he shall exhibit a flag of the above description, in order to show that such Isoat or ship has a qualified pilot on board ; and if he fails to do so, without reasonable cause, he shall incur a penalty not exceeding 50?. 348. If any boat or ship, not having a licensed pilot on board, displays a flag of the above-mentioned description, there shall be incurred for every such offence a penalty not exceeding 601., to be recovered from the owner or from the master of such boat or ship. Registry of pilot license. Pilotage ail- thority may grant special , sea licenses. PiM Licenses {Cleneral). 349. Every qualified pilot on his appointment shall receive a license, containing his name and usual place of abode, toge- ther with a description of his person, and a specification of the limits within which he is qualified to act : and it shall be the duty of the principal ofllcer of customs at the place at or nearest to which any qualified pilot may reside, upon his request, to register his license ; and no qualified pilot shall be entitled to act as such until his license is so registered ; and any qualified pilot acting beyond the limits for which he is qualified by his license shall be considered an an unqualified pilot. 35 & 36 Vict. c. 73, s. 11. — Any pilotage. authority may, if authorised in that behalf by Order in Council, grant special licenses qualifying the persons to whom they are granted to act as pilots for any part of the sea or channels beyond the limits of any pilotage authority, so however that no pilot so licensed be entitled to supersede an unlicensed pilot outside the limits of the authority by which he is licensed COMPULSORY PILOTAGE. 319 The whole policy of the pilotage system of this country is to confer a R' 8 local jurisdiction to grant licenses within such limits that the persons 04.0 oeo entrusted with the navigation of vessels shall have knowledge of the «3*«'">50'»' dangers within those liruits. Hence the license granted to a pilot for a PoKoy of certain district is of no avail beyond that district («). pilotage ^ system. 350. Every qualified pilot shall, upon receiving his license, copies of retm- be furnished with a copy of such part of this Act as relates lations to be to pilotage, together with a copy of the rates, byelaws, and Qu™ified pilot, regulations established within the district for which he is and to be pro- licensed ; and he shall produce such copies to the master of ^^°° ^ ™' any ship, or other person employing him, when required to do so, under a penalty in case of default not exceeding bl. 351. Every qualified pilot, while acting in that capacity, shall Qualified pilot , .,,■'.?,,.,. ' , n ,, 5 to produce be provided with his license, and produce the same to every per- license to son by whom he is employed, or to whom he tenders his ser- employer, vices as pilot ; and if he refuses to do so at the request of such person, he shall incur for each offence a penalty not ex- ceeding 10?., and shall be subject to suspension or dismissal by the pilotage authority by whom he is licensed. 352. Every qualified pilot, when required by the pilotage Licenses to be authority who appointed him, shall produce or deliver up his wheTrequmd license; and on the death of any qualified pilot the person and returned into whose hands his license happens to fall shall without delay transmit the same to the pilotage authority who appointed the deceased pilot ; and any pilot or person failing to comply with the provisions of this section shall incur a penalty not exceed- ing lOZ. The pilot holds his appointment during the pleasure of the authority that appoints him, and therefore he will be liable to the penalty for re- fusifig to give up the license, however arbitrary or unreasonable the request to give it up may be (y). Compulsory Pilotage (Generally). The sections under this heading apply to the Trinity House district, although by sec. 376 at se^., special provisions are made for that dis- trict (z). The theory of the Legislature, whether right or wrong, must be taJsen to be that compulsory pilotage is not a charge upon vessels bui rather a regulation instituted for their benefit (a). ,(x) Eossack v. Gray, 6 B. & S. 613. (^) Senry v. Newcastle Trinity Souse Board, 8 E. & B. 723 : 27 L. J. M. C. 57. (z) -ffi V. Stanton, 8 B. & B. 445 ; The Earl of Auckland, Lush. 178. ■ \a) The Eammah, L. K. 1 A. & E. 289 ; 15 L. T. N. S. 334 ; 36 L. J. (Ad.) 1; 2 Mar. LawCas. 434. on death. 320 COMPULSORY PILOTAGE. § 358. Compulsory pilotage, in what mode to be enforced. 353. Subject to any alteration to be made by any pilotage authority in pursuance of the power hereinbefore in that be- half given, the employment of pilots shall continue to be compulsory in all districts in which the same was by law com- pulsory immediately before the time when this Act comes into operation ; and all exemptions from compulsory pilotage then existing within such districts shall also continue in force ; and every master of any unexempted ship navigating within any such district who, after a qualified pilot has oifered to take charge of such ship or has made a signal for that purpose, either himself pilots such ship with(5ut possessing a pilotage certificate enabling him so to do, or employs or continues to employ an unqualified person to pilot her, and every master of any exempted ship navigating within any such district who after a qualified pilot has offered to take charge of such ship or has made a signal for that purpose employs or continues to employ an unqualified pilot to pilot her, shall for every such offence incur a penalty of double the amount of pilotage de- mandable for the conduct of such ship. Exemptions under 6 Geo. IV. 0. 125, s. 59. Sliips trading to Norway, &c. To ports between Boulogne and the Baltic. *8k. Irish traders in the Thames. Ships with stone from Guernsey, &c. Vessels at their home ports. Exemptions from Compulsory Pilotage. The exemptions referred to in the first part of the section, are con- tained in 6 Geo. IV. c. 125. They still continue in force, although the Act of 6 Geo. IV. c. 125 is repealed by 17 & 18 Vic. c. 120 (which took effect at the same time as the principal Act), because they existed at the time when this section came into force (b). By 6 Geo. IV. o. 125, s. 59, the master of any collier, or of any ship or vessel trading to Norway, or to the Cattegat or Baltic, or round the North Gape, or into the White Sea, on their inward or outward voyages, or of any constant trader inwards from the ports between Boulogne inclusive and the Baltic (all such ships and vessels having British Registers, and coming up either *by the North Channel, but not otherwise), or of any Irish trader using the navigation of the rivers Thames and Medway, or of any ship or vessel employed in the regular coasting trade of the Kingdom, or of any ship or vessel wholly laden with stone from Guernsey, Jersey, Alderney, Sark, or Man, and being the production thereof, or of any ship or vessel not exceeding the burthen of fifty tons, and having a British Register, except as hereinafter provided ; or of any other ship or vessel whatever, whilst the same is within the limits of the port or place to which she belongs, the same not being a port or place in' relation to which particular provision hath heretofore been made by any Act or Acts of Parliament, or by any charter or charters for the appointment of pilots, shall and may lawfully and without being subject to any of the penalties by this Act imposed, conduct or pilot his (b) R. V. Stanton, 8 E. & B. 445 ; The Em-l of AucMand, Lush. 164, 387 ; 15 Moo. P. C. 304 ; 5 L. T. N. S. 568 ; 1 Mar. Law Cas. 27, 177. COMPULSORY PILOTAGE. 321 own ship or vessel when and so long as he shall conduct or pilot the same without the aid or assistance of any unlicensed pilot or other person or persons than the ordinary crew of the said ship or vessel. Section 60 of 6 Geo. IV. c. 125, gives powers to Her Majesty in Council to exempt certain other ships from compulsory pilotage. By section 62, if the master or mate is the owner or part owner of the ship, and resides at Dover, Deal, or the Isle of Thanet, he may pilot his ship /row (c) such place up and down the Thames and Medway, and to any place within the jurisdiction of the Cinque Ports (for the extent of this jurisdiction, see under sec. 460, p. 386). ^ Section 63. When a vessel has been brought into port by a qualified pilot, the master may, without the assistance of a qualified pilot, change her moorings, or take her into any dock (see sec. 362, p. 325). By 4 Geo. TV. c. 77, s. 5, foreign vessels of less than sixty tons burden are exempt from compulsory pilotage in those cases where similar British vessels are exempt, any law, custom, or usage to the contrary notwithstanding. By an Order in Council, 18th February, 1854, the masters of the under-mentioned ships and vessels shall, subject to the provisions of 6 Geo. rV. c. 125, s. 59, in respect of the employment of unlicensed persons, be exempted from compulsory pilotage : Of ships and vessels trading to Norway, or to the Cattegat or Baltic, or round North Cape, or into the White Sea, when coming up the Soutlb channels ; Of ships and vessels trading to ports between Boulogne (inclusive) and the Baltic, on their outward passages, and when coming up by the south passages. The effect of this Order in Council, and of sec. 59 of 6 Geo. IV. c. 125, when construed together, is to create a peculiar and anomalous system of exemption. By section 59, vessels from Norway, &c., coming up by the North channel are exempt from compulsory pilotage if they have a British register ; whereas by the Order in Council, vessels from Norway, &c., coming up by the Soirtli channel, are exempt whatever their register may be. Therefore a foreign vessel from Norway, &c., coming up the North phannel, must have a pilot, and the same vessel coming up the South channel, need not have one. Dr. Lushington, in deciding this, said, " It would be easier for the Court to acquiesce in such an anomaly, or to hold that the condition of a British register, as expressed in the statute, was understood in the Order of Council extending the exemption of that statute, than to hold that an express provision of a statute had been thus tacitly repealed by implication in an Order of Council made in pursuance of the statute " {d). 25 & 26 Vict. c. 63, s. 41. — The masters and owners of ships Exemptions passing through the limits of any pilotage district in the ftomcompul- United Kingdom on their voyages between two places both p^rfiSs pafs- situate out of such districts, shall be exempted from any obli- in„ through . gation to employ a pilot within such district, or to pay pilot- pilotage district. (c) Pedke v. Screech, 7 Q. B. 603. {d) The Hannah, h. E. 1 A. & E. 291 ; 15 L. T. N. S. 334 ; 36 L. J. (Ad.) 1 ; 2 Mar. Law Cas. 434. § 353. Exemption in certain cases if master is an owner. When the ship has been brought into port. Foreign vessels. Order in Council exempting certain ships.. Ships trading to Norway, kc, coming up south channels. Ships trading between Boulogne and Baltic, coming up south channels. Anomalous system of exemption thus created. 322 COMPULSOEY PILOTAGE. 353-355. Home-trade passenger ships to em- ploy qualified pilots, unless they have certificated masters or mates. Certificates, how to he granted to • such masters and mates. age rates when^ not employing a pilot within such district : provided that the exemption contained in this section shall not apply to ships loading or discharging at any place situate within such district, or at any place situate above such district on the same river or its tributaries. As to pilots for exempted vessels, and their qualifications, see sec. 332, p. 304, and as to the niles that apply specially to Trinity House, see sec. 376, p. 331, and for the exemptions, sec. 379, p. 333. No penalty will be imposed unless a qualified pilot offers to take charge of the vessel (e), and the offer must come to the master's know- ledge (/). Under a previous Act (^), a master was held liable for the penalty in having discharged a Cinque Port pilot in Standgate Creek, and then dropped a mile down the port of Rochester with a signal flying for a Trinity House pilot, who came on boaid at Sheerness (_h). (For the limits of the Cinque Ports, see under sec. 460, p. 386, and for the limits of the port of London, see sec. 379, sub-s. (5), p. 334). 354. The master of every ship carrying passengers between any place situate in the United Kingdom, or the Islands of Guernsey, Jersey, Sark, Aldemey, and Man, and any other place so situate, when navigating upon any waters situate within the limits of any district for which pilots are licensed by any pilotage authority under the provisions of this or of any other Act, or upon any part thereof so situate, shall, unless he or his mate has a pilptage certificate enabling such master or mate to pilot the said ship within such district, granted under the provisions hereinbefore contained, or such certificate as next hereinafter mentioned, being a certificate applicable to such district and to such ship, employ a qualified pilot to pilot his ship ; and if he fails so to do he shall for every offence incur a penalty not exceeding lOOl, Although by sec. 3S3 any exemptions existing before the passing of the principal Act (1st May, 1855) are stiU continued, the vessels mentioned in this section are not exempted (i), unless the master obtains a certificate under the next section. For the special exemptions in Trinity House districts, see sec. 379, p. 333. 355- Any master or mate of a ship which by the last pre- ceding section is made subject to compulsory pilotage may apply to the Board of Trade for a certificate, and the Board of (e) PeaJce v. Carrmgton, 5 Moore, 176 ; 2 B. & P. 399 ; Commonwealth r. Bicketson, 46 Mass. (Amer. Eep.), 412. (/) Ghcmey v. Payne, 1 Q. B. 712. (g) 52 Geo. HI. c. 39. (A) Thornton v. Bolomd, 2 Bing. 219. (») The Temora, Lush. 17. EIGHTS AND PRIVILEGES OF PILOTS. 323 Ti-ade shall thereupon, on satisfactory proof of his haying §§ continuously piloted any ship within the limits of any pilotage 355-357. district, or of any part or parts thereof for two years prior to the commencement of this Act, or upon satisfactory proof hy examination of his competency or otherwise, as it may deem expedient, cause to be granted to him, or to be indorsed on any certificate of competency or service obtained by him under the Third Part of this Act, a certificate to the effect that he is authorised to pilot any ship or ships belonging to the same owner, and of a draft of water not greater than such draft as may be specified in the certificate within the limits aforesaid ; and the said certificate shall remain in force for such time as the Board of Trade durects, and shall enable the master or mate therein named to conduct the ship or ships therein spe- cified within the limits therein described to the same extent as if the last preceding section had not been passed, but not farther or otherwise ; and every such master or mate.shall, upon ap- plying for such certificate or for any renewal thereof, pay to the Board of Trade or as it directs such fees not exceeding the fees payable on an examination for a master's certificate of competency under the third part of this Act as the Board of Trade directs ; and such fees shall be applied in the same manner in which the fees payable on such last-mentioned ex- amination are made applicable. For certificates of competency, see sec. 134 et seq. p. 119. By this section, the Board of Trade can only issue certificates to masters and mates of the ships described in sec. 354, and to no others (A). Rights, Privihges, and- Remuneration of Pilots {Gemrat). 356. If any boat or ship, having a qualified pilot on board. Qualified pilot leads any ship which has not a qualified pilot on board when wd^when such last-mentioned ship cannot from particular circumstances entitled to be boarded, the pilot so leading such last-mentioned ship shall ^^ ° ^^' be entitled to the full pilotage for the distance run as if he had actually been on board and had charge of such ship. 357. No pilot, except under circumstances of unavoidable Allowance to necessity, shall without his consent be taken to sea or beyond ^^en out^of" the limits for which he is licensed in any ship whatever ; and his district. (Jc) The Ea/rl of Auckland, Lush. 164. T 2 324 RIGHTS AND PBIVILEGES OF PILOTS. § S every pilot so taken under circumstances of unavoidable neces- 357, 358. sity or without his consent shall be entitled,- over and above his pilotage, to the sum of 10s. 6d. a day, to be computed from and inclusive of the day on which such ship passes, the limit to which he was engaged to pilot her up to and inclusive of the day of his being returned in the said ship to the place where he was taken on board, or up to and inclusive of such day as will allow him, if discharged from the ship, sufllcient time to return thereto ; and in such last-mentioned case he shall be entitled to his reasonable travelling expenses. 358. Any qualified pilot demainding or receiving, and also any master offering or paying to any pilot, any other rate in respect of pilotage services, whether greater or less, than the rate for the time being demandable by law, shall for each offence incur a penalty not exceeding lOl. Penalty on qualified pilot receiving or master offering improper rate. Trinity House may modify rule as to pilotage rates. 35 & 36 Vict. c. 73, s. 9. — Notwithstanding anything in the 358th section of the Merchant Shipping Act, 1854, the Trinity House may, by byelaw, with the sanction of Her Majesty in Council, repeal or relax the provisions of that section within the whole or any part of their district, so far as to allow any pilot or class of pilots under their jurisdiction to demand or receive, and any master to offer or pay any rate less than the rate for the time being demandable by law. Order in Council by which pilot may accept a rate less than the fixed rate. By an Order in Council, 5th February, 1873 (I), the following bye-law of the Trinity House was approved : From and after the 1st day of January, 1873, no pilot licensed by the Trinity House for the Eiver Thames between Gravesend and London- Bridge only shall incur any penalty for demanding or receiving in re- spect of the pilotage within the limits aforesaid of any ship exempted from compulsory pilotage, any rate less than the rate for the time being demandable by law in respect of such ship, and no master of any such ship shall incur any penalty for offering or paying in respect of the pilotage of any such ship within the Hmits aforesaid, any rate less than the rate for the time being demandable by law in respect of such ship, anything contained in the " Merchant Shipping Act, 1854," to the con- trary notwithstanding. Maritvme Lam. By the ancient maritime law, if a pilot took advantage of a ship's necessities to mate an outrageous contract for remuneration, the Court of Admiralty had an equity to moderate such a contract (m). (I) See London Gazette, 11th Feb. 1873. (m) The Nelson, 6 C. Kob. 231. EIGHTS AND PRIVILEGES OP PILOTS. 325 359. If any master, on being requested by any qualified §§ pilot having the charge of his ship to declare her draught of 359-363. water, refuses to do so, or himself makes or is privy to any r — other person making a false declaration to such pilot as to mXn| a false such draught, he shall incur a penalty for eyery such offence declaration as not exceeding double the amount of pilotage which would have sHp'^orfalsify- been payable to the pilot making such request ; and if any ^^S maita. master or other person interested in a ship makes or is privy to any other person making any fraudulent alteration in the marks on the stern or stem post of such ship denoting her draught of water, the offender shall incur a penalty not exceeding 500?. For particulars required to be marked on Brilish ships, see under sec. 34, p. 28. 360. A qualified pilot may supersede an unqualified pilot, Power of but it shall be lawful for the master to pay to such unqualified qualified pilot pilot a proportionate sum for his services, and to deduct the unqualified same from the charge of the qualified pilot ; and in case of l?^"*- dispute the pilotage authority by whom the qualified pilot' is licensed shall determine the proportionate sums to which each party is entitled. 361. An unqualified pilot assuming or continuing in the Penalty on charge of any ship after a qualified pilot has offered to take "^qi^lifi^^ o •/ r 1 r person acting charge of her, or using a licence which he is not entitled to as pilot, use for the purpose of making himself appear to be a qualified pilot, shall for each offence incur a penalty not, exceeding bOl. 362. An unqualified pilot may, within any pilotage district. Occasions on without subjecting himself or his employer to any penalty, jjeensed per- take charge of a ship as pilot under the following circum- sous may act stances ; (that is to say,) ^^ ^ When no qualified pilot has offered to take charge of such ship, or made a signal for that purpose ; or When a ship is in distress or under circumstances making it necessary for the master to avail himself of the best assistance which can be found at the time ; or For the purpose of changing the moorings of any ship in port, or of' taking her into or out of any dock, in cases where such act can be done by an unqualified pilot without infringing the regulations of the port or any orders which the harbour-master is legally empowered to give. 326 OFFENCES OF PILOTS. §§ 362-365. The voyage must be finislied, but it is som'etimeB difficult to determine when it has actually come to a termination. In an old case, a ship not quite cleared of her cargo, and having a custom house officer on boajd, was steered by the mate from Horsleydown New Stairs to Cherry Gardens, and thence to Fountain Stairs. It was held that th§' mate was not liable to the penalty, because otherwise the position of the ship could not be changed without the expense of pilotage (»). A ship has not arrived at her place of destination by merely arriving at the port she is bound for (o). To claim the benefit of this section, she must have actually been moored. The master must always exercise his j udgment to do the best for the ship in critical circumstances (jp). Liability for 363. The following persons shall be liable to pay pilotage and recovery ^^es for any ship for which the services of a qualified pilot dues." ^^ s-re obtained ; (that is to say,) the owner or master, or such consignees or agents thereof as have paid or made themselves liable to pay any other charge on account of such ship in the port of her arrival or discharge, as to pilotage inwards, and in the port from which she clears out as to pilotage outwards ; and in default of payment such pilotage dues may be recovered in the same manner as penalties of the like amount may be recovered by virtue of this Act j but such recovery shall not take place until a previous demand thereof has been made in writing, and the dues so demanded have remained unpaid for seven days after the time of such demand being made. p , „ 364. Every consignee and agent (not being the owner or signees to master) hereby made liable for the payment of pilotage dues retain pilot- Jq respect of any ship may, out of any monies in his hands age dues paid . '^^ , r. , , • ■, , by them. received on account oi such ship or belonging to the owner thereof, retain the amount of all dues so paid by him together with any reasonable expenses he may have incurred by reason of such payment or liability. Offences of Pilots {General). Penalties on 365. If any qualified pilot commits any of the following qualified ofifences ; (that is to say,) (1.) Keeps himself, or is interested in keeping by any agent, certain trades; servant, or other person, any public house or place of {n) R. t. Lamhe, 5 T. K. 76. See also S. v. NecUe, 8 T. K, 241 ; Mac- lachlan ob Shipping (2nd ed.), 262. (o) Attwood V. Case, 1' Q. B. D. 134. (p) Kay on Shipmasters, &c., II. 774. OFFENCES OF PILOTS. 327 public entertainment, or sells or is interested in selling § 365, any wine, spirituous liquors, tobacco, or tea ; ■ (2.) Commits any fraud or other offence against the revenues offending of customs or excise or the laws relating thereto ; agamst . ° ' revenue ; (3.) Is in any way directly or indirectly concerned in any ^^^y ^f ^^j.. corrupt practices relating to ships, their tackle, furni- rapt practices; ture, cargoes, crews, or passengers, or to persons in distress at sea or by shipwreck, or to their monies, goods, or chattels ; (4.) Lends his licence ; lending (5.) Acts as pilot whilst suspended : ,. ', (6). Acts as pilot when in a state of intoxication ; suspended ; (7.) Employs or causes to be employed on board any ship acting when of which he has the charge any boat, anchor, cable, or ^^'^^ > • other store, matter, or thing beyond what is necessary causing^™ ^ for the service of such ship, with the intent to enhance expense ; the expenses of pilotage for his own gain or for the gain of any other person ; (8.) Kefuses or wilfully delays, when not prevented by illness declining to or other reasonable cause, to take charge of any ship ^°° ' • within the limits of his licence upon the signal for a pilot being made by such ship, or upon being required to do so by the master, owner, agent, or consignee thereof, or by any officer of the pilotage authority by whom such pilot is licensed, or by any principal officer of customs ; It is however established that a pilot is not hound to go on board a vessel in distress and render pilot service for mere pilotage reward. He will be entitled to salvage under such circumstances (see sec. 483, p. 404), and if he is only promised pilotage and refuses, he is liable to no censure {g). (9.) Unnecessarily cuts or slips, or causes to be cut or unnecessarily • ,. ■, 11 1. 1 -1 u- cuttmgor slipped, any cable belonging to any ship ; slipping cable; (10.) Refuses, on the request of the master, to conduct the refusing to ship of which he has the charge into any port or place ?onduct ship into which he is qualified to conduct the same, except on reasonable ground of danger to the ship ; . (a) Maclachlan on Shipping (2nd ed.), 271 ; The Frederiah, 1 W. Eob. 16 ; y/te Hebe, 2 W. Rob. 246 ; The Jonge Aitdriei, Swa. ,226, 303. quitting ship. 328 OFFENCES OF PILOTS. I § (11.) Quits the ship of which he has the charge, without the 365-367. consent of the master, before the service for which he was hired has been performed ; He shall for each such offence, in addition to any liability for damages at the suit of the person aggrieved, incur a penalty not exceeding 100^., and be liable to suspension or dismissal by the pilotage authority by whom he is licensed ; and every person who procures, abets, or connives at the commission of any such offence shall likewise, in addition to any such liability for damages as aforesaid, incur a penalty not exceeding IQOL, and if a qualified pilot, shall be liable to suspension or dis- missal by the pilotage authority by whom he is licensed. Trinity House pilots are only liable for neglect or want of skill to the amount of £100 (see sees. 372, 373, p. 330). The law of this country is more merciful than some of the ancient maritime ordinances, for by their provisions if damage ensued through default of the pilot, he was obliged to make full satisfaction or to lose his head (r). Penalty on 366. If any pilot, when in charge of any ship, by wilful , ^lot endanger- breach of duty or by neglect of duty, or by reason of drunken- orlimb.' ' UBSs, does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of aiiy person on board such ship ; or if any pilot, by wilful breach of duty or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from danger to life or limb ; the pilot so offending shall for each such offence be deemed guilty of a misdemeanor, and, if a qualified pilot, also be liable to suspension and dismissal by the authority by which he is licensed. Penalty on 367. If any person, by wilful misrepresentation of circum- pilotm charge glances upon which the safety of a ship may depend, obtains or her wilful endeavours to obtain- the charge of such ship, such person, and injury. every other person procuring, abetting, or conniving at the commission of such offence, shall, in addition to any liability for damages at the suit of the party aggrieved, incur a penalty (r) Laws of Oleron, Art. XXII. By the Consolato del Mare, sec. 809 (Ed. Boucher), II. 430, if the pilot does not know how to bring the ship into his port, ii doitperdreinconiinent la tite sans remission et sans merd. SUB-COMMISSIONEBS AND PILOTS.. 329 not exceeding 100?., and if the offender is a qualified pilot, he § § shall also be liable to suspension or dismissal by the pilotage 367-370. authority by which he is licensed. General Poiver of Trinihj House. 368. The Trinity House may, in exercise of the general Power of power hereinbefore given to all pilotage authorities of doing toSter regu-° certain things in relation to pilotage matters, alter such of the lations. provisions hereinafter contained as are expressed to be subject to alteration by them in the same manner and to the same extent as they might have altered the same if such provisions had been contained in any previous Act of Parliament instead of in this Act. As to the general powers of pilotage authorities, see sec. 331 et seq^. p. 303. Sub-Commissioners and Pilots {Trinity House). 369. The Trinity House shall continue to appoint sub-com- Power of missioners, not being more than five nor less than three in Trmity House ' ° , to appoint number, for the purpose of examining pilots in all districts in sub-commis- which they have been used to make such appointments, and missioners. may, with the consent of Her Majesty in Council, but not otherwise, appoint like sub-commissioners for any other district in which no particular provision is made by any Act of Parlia- ment or charter for the appointment of pilots ; but no pilotage district already under the authority of any sub-commissioners appointed by the Trinity House shall be extended, except with such consent as aforesaid, and no sub-commissioners so ap- pointed shall be deemed to be pilotage authorities within the ■ meaning of this Act. 370. The Trinity House shall continue, after due examina- Trinity House tion by themselves or their sub-commissioners, to appoint and ^jig^'^g^^Q^g^ ^ license under their common seal pilots for the purpose of con- within certain ducting ships within the limits following or any portion of li™*^- such limits ; (that is to say,) (1.) "The London District," comprising the waters of the London Thames and Medway as high as London Bridge and ^^'stnot. Eochester Bridge respectively, and also the seas and channels leading thereto or therefrom as far as Orford- 330 LIABILITY OF PILOTS. 370-374. English Chan- nel District. Ti'inity House Outport Distaricts, Publication of notice of licences of pilots by the Trinity House. Bonds to be given. liiability limited. Continuance and renewal of licences. ness to the north and Dungeness to the south ; so, neyertheless, that no pilot shall be hereafter licensed to conduct ships both above and below Gravesend : (2.) " The English Channel District," comprising the seas between Dungeness and the Isle of Wight : (3.) " The Trinity House Outport Districts," comprising any pilotage district for the appointment of pilots within which no particular provision is made by any Act of Parliament or charter. 371. Subject to any alteration to be ipade by the Trinity House, the names of all pilots licensed by the Trinity House shall be published In manner following ; (that is to say,) (1.) The Trinity House shall at their house in London fix up a notice specifying the name and usual place of abode of every pilot so licensed, and the limits within which he is licensed to act : . (2.) The Trinity House shall transmit a copy of such notice to the Commissioners of Customs in London, and to the principal officers of customs resident at all ports within the limits for which such pilot is licensed ; and such ^ notice shall be posted up by the Commissioners at the Custom House in London, and by such officers at the custom houses of the ports at which they are respec- tively resident. 372. Subject to any alteration to be made by the Trinity House, every Trinity House pilot on his appointment shaU execute a bond for lOQl. conditioned for the due observance on his part of the regulations and byelaws of the Trinity House, such bond to be free from stamp duty, and from any other charge except the actual expense for preparing the same. 373. No qualified pilot who has executed such bond as is hereinbefore mentioned shall be liable for neglect or want of skill beyond its penalty and the amount of pilotage payable tp him in respect of the voyage on which he is engaged. 374. Subject to any alteration to be made by the Trinity House, no licence granted by them shall continue in force beyond the thirty-first day of January next ensuing the date of such licence, but the same may, upon the application of the pilot holding such licence, be renewed on such thirty-first day of January in every year, or any subsequent day, by indorse* COMPULSORY PILOTAGK 331 ment under the hand of the secretary of the Trinity House, or s § such other person as may be appointed by them for that 374.376. purpose. This section has been held to mean that the renewal may ojierate from the 31st of January in every year, that is, the efEect of the renewal when made, is to be from the Slst of January, or from the subsequent day on which the renewal may be made. The Privy Council considered that when sec. 388, which exempts an owner from liability if pilotage is compulsory, is looked at, it will be seen that it could never have been the intention of the Legislature that the owner's liability should depend upon the date when the pilot's licence was renewed, and upon whether the renewal was before or after the 31st of January of any year {s). Besides which the inconvenience of any other construction is quite apparent, and the consequence would be that for a certain period, cer- tainly hours, probably days, and possibly weeks, there would be no qualified pilots within particular parts of the district to which the Act applies (f). 375. The Trinity House shall have power to revoke or Power to suspend the licence of any pilot appointed by them, in such g^gpen^""^ manner and at such time as they think fit. licences. As to the offences of pilots for which their licence may be suspended or revoked, see sec. 365, p. 326. Compulsory Pilotage {Trinity House). 376. Subject to any alteration to be made by the Trinity Penalty on, House, and to the exemptions hereinafter contained, the pilot- ™?sters of SillT)S 6IIlT)l0V" age districts of the Trinity House within Which the employment ing unUcenced of pilots is compulsory are the London district, and the Trinity pilots, or act- House outport districts, as hereinbefore defined ; and the master of every ship navigating within any part of such dis- trict or districts, who, after a qualified pilot has offered to take charge of such ship, or has made a signal for that purpose, either himself pilots such ship without possessing a certificate enabling him so to do, or employs or continues to employ an unqualified person to pilot her, shall for every such offence, in addition to the penalty hereinbefore specified, if the Trinity House certify in writing under their common seal that the prosecutor is to be at liberty to proceed for the recovery of such additional penalty, incur an additional penalty not exceed- ing hi. for every fifty tons burden of such ship. (s) The Beta, 3 Moo. P. C. N. S. 23. (t) The Beta, 3 Moo. P. C. N. S. 30. 332 COMPULSORY PILOTAGE. 376-378. When pilotage is oompulBory, the owner or master is not answerable for any damage occasioned 'by the fault or incapacity of any qualified pilot (see sec. 388, p. 345). But the master and crew must not neglect their own duties while the pilot is on board (see sec. 330, p. 801). The master will not be subject to the penalty if he cannot procure a qualified pilot (see sec. 362, p. 325). The penalty for employing an unqualified pilot when pilotage is compulsory is double the amount of pilotage demandable for the conduct of such ship (see sec. 353, p. 320). Trinity House to make regu- lations for a constant supply of qualified pilots at Dungeness. Ship coming past Dunge- ness not hav- ing pilot on board to take the first qualified pilot who offers. 377. Subject to any alteration to be made by the^ Trinity House, a sufficient number of qualified pilots shall always be ready to take charge of ships coming from the westward past Dungeness ; and the Trinity House shall, by byelaw to be made in the same manner as other byelaws made under the powers herein contained, make such regulations with respect to the pilots under their control as may be necessary in order to proTide for an unintermitted supply of qualified pilots for such ships, and to insure their constant attendance upon and due performance of their duty both by night and day, whether by cruizing between the South Foreland and Dungeness, or by going off from shore upon signals made for the purpose, or by both of such means, or by any other means, and whether in rotation or otherwise, as the Trinity House think fit. 378. Subject to any alteration to be made by the Trinity House, every master of any ship coming from the westward, and bound to any place in the rivers Thames and Medway (unless she has a qualified pilot on board or is exempted from compulsory pilotage), shall, on the arrival of such ship off Dungeness, and thenceforth until she has passed the South Buoy of the Brake, or a line to be drawn from Sandown Castle to the said buoy, or until a qualified pilot has come on board, display and keep flying the usual signal for a pilot ; and if any qualified pilot is within hail, or is approaching and within half a mile, and has the proper distinguishing flag flying in his boat, such master shall, by heaving-to in proper time or shortening sail, or by any practicable means consistent with the safety of his ship, facilitate such pilot getting on board, and shall give the charge of piloting his ship to such pilot ; or if there are two or more of such pilots offering at the same time, to such one of them as may, according to the regulations for the time being in force, be entitled or required to take such charge ; and if any such master fails to display or keep flying EXEMPTIONS FROM COMPULSORY PILOTAGE. 333 the usual signal for a pilot in manner hereinbefore required, or § § to facilitate any such qualified pilot as aforesaid getting on 378, 379. board as hereinbefore required, or to give the charge of piloting r - his ship to such pilot as hereinbefore mentioned in that behalf, masters failing. he shall incur a penalty not exceeding double the sum which ^° display , i-,„ T, „-,.,. usual signal might hare been demanded for the pilotage of his ship, such for pilot. penalty to be paid to the Trinity House, and to be carried to the account of the Trinity House Pilot Fund. The signals to be used for pilots are prescribed by 36 & 37 Vic. c. 85, s. 19 (see sec. 330, p. 302). Exemptions from Compulsory Pilotage {Trinity House). 379. The following ships when not carrying passengers Exemptions shaU be exempted from compulsory pilotage in the London ^n°™^°™f^e' district and in the Trinity House outport districts ; (that is to say,) sory pilotage. Passengers. — The term " passenger " is not defined in the principal "Who are Act, except in sec. 303, where the definition is given only for a specified passengers, purpose, viz., for the purposes of the provisions in the Act with respect to surveys of steam, ships. As so defined, the term includes any person carried in a steam ship, other than the master and crew, the owner, his family and servants. The payment of a fare is necessary to constitute a Payment of a person a passenger (?j). A person to whom the master had agreed to fare neoes- give a free passage, and who messed with him, and also assisted in ^^^T- working the ship, was held to be a nondescript, and not a passenger (»). Two persons whom the master had taken as visitors, but who subse- quently paid fares, were held not to be passengers {y). In the Passen- gers Act, 1855, sec. 3 (see p. 473), " The expression Passengers shall include all passengers except cabin passengers," and no more precise definition is given. (1.) Ships employed in the coasting trade of the United Costing Kingdom : Coasting vessels are exempt because from their frequent ingress and egress to a particular port, their masters are presumed to be perfectly acquainted with the locality (z). A vessel ordinarily employed in foreign trade, going from Liverpool to London, in order to sail from London under an advertisement for a foreign voyage, whether she is in ballast U) The Uon, L, E. 2 A. & E. 102 ; 21 L. T. N. S. (P. C.) 41. ix) The Hannah, L. R. 1 A. & E. 292. (^) The Urn, L. R. 2 A. & B. 102 ; 21 L. T. N. S. (P. C.) 41 ; 3 Mar. Law Cas. (P. C.) 266. (z) The Agricola, 2 W. Rob. 10. 334 EXEMPTIONS FROM COMPULSORY PILOTAGE. S 37*) °^ ^^ ^ cargo on board, is not ^ trade "(ffi). a ship employed in the coasting Ships of less ■than 60 tons burden. (2.) Ships of not more than sixty tons burden : Such ships are included under the general exemptions from compul- sory pilotage by 6 Geo. IV. c. 125, s. 59, and if they are foreign vessels by 4 Geo. IV. c. 77, s. 5 (see under sec. 353, p. 321). Ships trading to Boulogne, (3.) Ships trading to Boulogne, or to any place in Europe north of Boulogne : (See Order in Council, 21st December, 1871, p. 336, extending this limit to Brest). This extends to vessels coming from Boulogne or any place north of it (i), and such ships are exempt even though carrying passengers (c). Ships in their own port. Ships from ^4) ghips from Guernsey, Jersey, Alderney, Sark, or Man, with stone. "' which' are wholly laden with stone, being the produce of those islands : These are included in the general exemptions under 6 Geo. TV. c. 125, s. 59 (see sec. 353. p. 320). (5.) Ships navigating within the limits of the port to which they belong : " Navigating The words " navigating within " have been held to mean " being within." within," hence ships belonging to the port of London are exempt when they are within the limits of that port (d). The extent of a port may vary for difEerent piurposes, and at different periods ; and after a lapse Extent of port of many years, may become a question of fact. At present for pilotage of London. purposes a certain pillar at Gravesend is considered the limit of the port of London (e). Therefore, by this section, all vessels belonging to the port of London are exempt from compulsory pilotage for the whole course of the Thanles down to Gravesend. On these grounds a ship belonging to the port of London, going from Dungeness to Gravesend with- a qualified pilot on board, was held not liable for running down another vessel before arriving at Gravesend, because the pilotage as far as Gravesend was compulsory, and the collision was owing to the pilot's fault (/). (a) The Lloyd's, or Sea Queen, Lush. 197 ; 1 Mar. Law Cas. 391 ; Tke Agncola, 2 W. Kob. 10. (6) The Wesley, Lush. 268. (c) The, Moselle, 2 Asp. Mar. Law Cas. 586 (see 6 Geo. IV. 0. 125, s. 59, under sec. 353, p. 320). (d) Tke Stettim, Br. &L. (P. C.) 200 ; 1 Mar. Law Cas. 229. (c). Trinity House rules, r. 15. (/) General Steam Navigation Co. v. British Colonial Namgation Co., L. a. 4 Ex. 238 ; 3 Mar. Law Cas. (Exch.) 237. EXEMPTIONS FROM COMPULSORY PILOTAGE. 335 (6.) Ships passing through the limits of any pilotage district § 379^ on their voyages between two places .both situate out of —, 7— such limits, and not being bound to any place within through'a^"^ such limits, nor anchoring therein : pilotage district. This exemption has now been made applicable to all ships by 25 & 26 Vic. c. 63, s. 41 (see under sec. 353, p. 321). SJdps witJt, Passengers. By Order in Council, dated 10th July, 1857, " All ships mentioned in Ships ex- the 379th section of the Merchant Shipping Act, 1854, shall be exempted ompted with from compulsory pilotage in the London district, and in the Trinity or without _ House outport district, as well when carrying passengers as when not ^^^ff,?^^^^ ™ carrying passengers, provided, as regards any such ship when car- rying passengers, the master or his mate have a pilotage certificate in force for the time being, enabling such master or mate to pilot such ship within such district or districts, granted under the provi- sions either of the 340th or of the 355th section of the said Act." certam cases. OtJier Exemptions (Trinity House). By Older in Council, 21st November, 1855, '■ All ships which shall arrive from foreign paits or ports, or places in the United Kingdom, within the pilotage jurisdiction of the Trinity House, shall, when navi- gating from thence in ballast to a port or place in the United Kingdoni, for the purpose of taking on board cargo for delivery at some other port or place in the United Kingdom, be exempt from compulsory pilotage while navigating within the limits of such pilotage jurisdiction, subject nevertheless to the terms and conditions following ; (that is to say,) " First. That the owner or master of the ship claiming exemption from such compulsory pilotage, shall provide himself with a certificate of such exemption for the particular voyage therein specified, such certifi- cate to be signed by the secretary or other proper officer of the Trinity House, and to be delivered to the owner or master of such ship, upon his making a declaration, setting forth that the said ship last arrived from foreign parts, and is about to navigate in ballast to some port or place in the United Kingdom, for the pui'pose of taking on board cargo, for delivery at another port or place also in the United Kingdom, and such .port or places being named in such declaration. And further, that the master of such ship shall produce the said certificate to any duly licensed Trinity House pilot who shall offer his services to pilot such ship on such voyage ; and such master shall, on every such occasion, make an entry on the ship's log of the ofEer by a Trinity House pilot, of the certificate of exemption having been produced to the said pilot, and of his services having been declined. " Second. That in every case in which a certificate of exemption shall have been obtained by misrepresentation, the person on whose applica- tion such certificate shall have been granted, shall forfeit double the amount of the pilotage to which the ship so exempted would, but for such certificate, have been liable, to be recovered in like manner as penal- ties are recovered under the principal Act ; and, " Thirdly. That in every case in which a ship for which a certificate of exemption has been granted, shall proceed over sea either before or after Ships navi- gating in ballast exempt in certain Certificate of exemption necessary. Certificate to be produced to pilot. Penalty for misrepre- sentation. 336 RATES OP PILOTAGE. 379-381. Pilotage to be paid in a certain case. Extension to Brest. arriving at the port or place specified in snoh certificate, without navi- gating with cargo to some other port or place in the United Kingdom, the pilotage to which such ship would have been liable had a pilot been employed, shall be paid to the pilotage authority or sub-commis- sioners of the district, and be applied to the purposes of the Pilotage Fund." Ships in Ballast. By Order in Council, 25th July, 1861 (g), AH ships navigating in ballast from any port or place in the United Kingdom, to any other port or place in the United Kingdom, shall, wlien not carrying passengers, be exempt from compulsory pilotage, within the pilotage jurisdiction of the said Trinity House. Whether this Order annuls the preceding one or not, I have not been able to ascertain. JSxtension of jExem/ption. By Order in Council, 21st December, 1871 (/j), All ships trading from any port or place in Great Britain within the London district, or any of the Trinity House outport districts, to the port of Brest in France, or any port or place in Europe, north and east of Brest, or to the islands of Guernsey, Jersey, Alderney, Sark, or Man, or from Brest or any port or place in Europe north and east of Brest, or from the islands of Guernsey, Jersey, Alderney, Sark, or Man, to any port or place in Great Britain within either of the said districts, when not carrying passengers, shall be exempted from compulsory pilotage within such districts. But the general exemptions (see sec. 353, p. 320), apply to the Trinity House district, and it has been decided that a ship coming from a port north of Boulogne, and carrying passengers, is not bound to employ a qualified pilot (i). Eates of Payment of pilotage dues from foreign ships trading to and from the port of London. Bates of Pilotage {Trinity House). 380. Subject to any alteration to be made by the Trinity House, there shall continue to be paid to all Trinity House pilots, in respect of their pilotage services, such dues as are immediately before the time when this Act comes into opera- tion payable to them in respect of such services. 381. Subject to any alteration to be made by the Trinity House, and notwithstanding anything hereinbefore contained, there shall be paid in respect of all foreign ships trading to and from the port of London, and not exempted from pilotage, the following pilotage dues ; that is to say, as to ships inwards, the full amount of dues for the distance piloted, and as to ships outwards, the fall amount of dues for the distance required by law ; and payment of such pilotage dues shall be made to the [g) London Gazette, 26th July, 1861. 0i) London Gazette, 22nd Dec. 1871. \i) The Earl ofAwMand, Lush. 164. RATES OF PILOTAGE. 337 Collector of Customs in the port of London by some one or § § more of the following persons, that is to say, the master or 381-384. other person having the charge of such ship, or the consignees or agents thereof who have paid or made themselves liable to pay any other charge for such ship in the said port of London ; and such pilotage may be recovered in the same manner as other pilotage dues are hereinbefore declared to be recoverable. 382. Subject to any alteration to be made by the Trinity Certificate of i-j. , . "^ "^ payment oi House, the said Collector of Customs shall, on receiving any pilotage to pilotage dues in respect of foreign ships, give to the person te given, paying the same a receipt in writing ; and no officer of customs in the port of London shall grant a clearance or transire for any such foreign ship as aforesaid without the production of such receipt ; and if any such ship attempts to go to sea with- out such clearance or transire, any such officer may detain her until the said receipt is produced. 383. Subject to any alteration to be made by the Trinity Application of House, the said collector shall pay over to the Trinity House by Trinity the pilotage dues received by him in respect of any foreign House. ship ; and the Trinity House shall apply the same in manner following : In the first place, in paying to any pilot who may bring sufficieut proof of his having had the charge of such ship such dues as would have been payable to him for such pilotage service if the ship had been a British ship, after deducting therefrom the poundage due to the Trinity House : In the second place, in paying to any unlicensed person who may bring sufficient proof of his having, in the absence of a licensed pilot, had the charge of such ship, such amount as .the Trinity House may think proper, not exceeding the amount which would under similar circumstances have been payable to a licensed pilot, after deducting poundage : And lastly, shall pay over to the Trinity House Pilot Fund the residue, together with all poundage deducted as aforesaid : 384. Whenever any difference arises between the master Settlement of and the qualified pilot of any ship trading to or from the port tolbTught^of of London as to her draught of water, the Trinity House shall ship. upon application by either party, made, in case of a ship in- 338 PILOT FUND (trinity HOUSE). § § ward-bound, within twelve hours after her arrival, or at some 384-386. time before she begins to discharge her cargo, and in the case of a ship outward bound before she quits her moorings, appoint some proper ofiicer who shall measure the ship, and settle the difference accordingly : and there shall be paid to the officer measuring such ship, by the party against whom he decides, the following sums ; (that is to say,) one guinea if the ship be below, and half a guinea if the ship be above the entrance of the London docks at Wapping. The draught of water muBt now be marked on all ships (see under sec. 291, p. 252). Payments to be made to the pilot fund. Application of fund. Pilot Fund {Trinity House). S85. Subject to any alteration to be made by the Trinity House, there shall continue to be paid to them, and carried over to the Trinity House Pilot Fund, the sums of money following ; (that is to say,) (1.) A poundage of sixpence in the pound upon the pilotage earnings of all pilots licensed by the Trinity House : (2.) A sum of three pounds three shillings to be paid on the first day of January in every year by every person licensed by the Trinity House to act as pilot in any district not under the superintendence of sub-commis- sioners, or in any part of such district : And any qualified pilot giving a false account of his earnings, or making default in payment of any snm due from him under this section, shall forfeit double the amount payable, and shall further be liable, at the discretion of the Trinity House, to suspension or dismissal. 386. Subject to any prior charges that may be subsisting thereon by virtue of any Act or Acts of Parliament or other- wise, the said Trinity House Pilot Fund shall be chargeable in the first instance with such expenses as the Trinity House may duly incur in performance of their duties in respect of pilots and pilotage, and after payment thereof shall, subject to any alteration to be made by the Trinity House, be administered by the Trinity House for the benefit of such pilots licensed by them after the first day of October one thousand eight hundred and fifty-three as are incapacitated for the performance of their duty by reason of age, infirmity, or accident, or of the widows TBINITY HOUSE RULES. 339 To serve Her Majeaty when re- quired. Duty in transport service. Place of mooring. and oMldren of pilots so licensed, or of such incapacitated § 386. pilots only. Trinity Saiise Rules. The following bye-laws, rules, orders, regulations, and ordinances have been issued by the Trinity House : — I. Merely repeaJs certain previous bye-laws, &c. II. It is ordained, that every pilot who shall be ordered to proceed on Her Majesty's service by any order signed by the deputy-master or secretary of the said corporation, or by the officer for the time being of the said corporation at Yarmouth, or elsewhere, duly authorised to act in matters of pilotage, or who shall be so ordered, in writing or otherwise, by any officer in Her Majesty's service, shall immediately proceed thereon ; and every pilot who shall fail so to do, or who shall evade the receipt of any such order, or who shall quit or decline such service, shall, for the first offence, forfeit 51., and for the second and every sub- sequent offence lOl. each. III. It is ordained, that every pilot engaged in the charge of any ship employed by Government in the transport service, shall observe parti- culaily if any unnecessary delay takes place on the part of the master in proceeding towards his destination ; and if any delay does take place, such pilot shall on his return report the same to the secretary of the said corporation, and upon going on board such pilot shall give notice to the master that he has orders so to do. IV. It is ordained, that no pilot having the charge of a merchant ship shall stop the same alongside the moorings of Her Majesty's ships at Deptford, or elsewhere, or between the Eound Tree and Bathing House at Gravesend (except in either of such cases there may be an extreme necessity for so doing, or leave be obtained for that purpose from the proper officer or officers in that behalf), and all pilots licensed by the said corporation are at aH times to be particularly careful to steer clear of the Queen's ships in passing them. v. It is ordained, that every pilot, when called upon or required to pilot any ship or vessel, shall, if under engagement to any other ship, forthwith make known such engagement, and specify the particulars thereof truly and faithfully to the person calling for or requiring such pilot's service ; and in case of any concealment, misrepresentation, or falsehood in respect of such alleged previous engagement, the pilot offending shall forfeit Wl. VI. It is ordained, that every pilot who shall have taken charge of any ship from the river] Thames to the Downs, or elsewhere, shall, with- out any additional compensation in that behalf, wait on board for the space of three complete days, while such ship may be detained at Gravesend, or elsewhere, for want of seamen, or by any other casualty, nor shall he at the end of three complete days be at liberty to quit such ship, or receive any additional compensation if she shall be further de- tained by winds, weather, or tides ; and should the ship be detained beyond three complete days on any other account except winds, weather, or tides, the pilot having the charge thereof shall nevertheless still (if required so to do), remain in the charge of her, provided a compensation of 6s. per day be offered to him in that behalf by the master or owner. VII. It is ordained, that every pilot shall in all cases demean himself Respect to civilly and respectfully towards all personS who may require his service, Her Majesty's z 2 officers. Previous engagement to he made known, Pilot to stay on hoard during detention. 340 TRINITY HOUSE EI7LES. § 386. Notice of undertaking charge of ship down- wards. Pilots to attend courts, &c., of cor- poration. and towards all officers in Her Majesty's Navy, and shall niaii\POme strict temperance and sobriety in the exercise of his office, and shl case his utmost care and diligence for the safe conduct of every ^l^iPtoint he shall be entrusted with the charge of, and to prevent her* damage to others. Fee for cer- tificate of examination. Licence not to be altered. Notice of change in sands and channels. the VIII. It is ordained, that every pilot who shall undertake the i of any ship downwards, shall, before his departure, leave, or cause teTl left, notice thereof in writing at the proper office at the Trinity House in London, with one of the clerks there attending, and shall be considered as disengaged until he shall have so done ; and upon such pilot's return he shall immediately, in his own person, attend at the said office, and make and sign such entry in a book there kept for that purpose, as the said corporation shall from time to time direct or require. IX. It is ordained, that every pilot licensed by the said corporation, shall from time to time, and at all times in obedience to the order or summons of the said corporation, under the hand of the secretary thereof for the time being, duly delivered or ofEered to such pilot, or^lef t a reason- able time at the usual or last known place of residence of such pilot, attend the said corporation, at their courts, bye-boards, or committees, or their secretary for the time being, at the Trinity House in London, and that every pilot licensed by the said corporation upon a certificate of qualifi- cation from sub-commissioners of pilotage, shall in like manner attend the sub-commissioners of the port or place for which such pilot shall be so licensed, in obedience to the order or summons of the said sub-com- missioners, under their hands, or the hands of the major part of them, duly delivered, ofEered, or left as aforesaid, to answer to any charges brought against such pilots, respectively, or for the performance of any public service, or for any other purpose whatsoever ; and in default of such attendance every pilot so offending shall forfeit, for the first offence, iOs. , and for the second and every subsequent offence, 51, each. X. It is ordered and hereby directed, that every pilot licensed or to he licensed by the said corporation, upon their receiving a certificate of examination by any sub-commissioners of pilotage, shall for such exami- nation, and for the granting of the licence thereon, pay the sum of two guineas to the said sub-commissioners of pilotage by whom he shall be so examined, or to one of them, and shall also, for the renewing or confirm- ing such ^licence, from time to time pay to the sub-commissioners of pilotage for the time being at or for the port or place specified in such licence, or to one of them, the annual sums following (that is to say) : — Every pilot so licensed, or to be licensed as aforesaid, for the ports of Plymouth, Portsmouth, or Cowes respectively, the annual sum of two guineas. And every pilot licensed or to be licensed as aforesaid, for any other port or place, the annual sum of one guinea, unless the pilots at or for such port or place shall be divided into two classes, and in that case the pilots of the first class are to pay the annual sum of two guineas each, and pilots not of the first class the annual sum of one guinea each. XI. It is ordained, that no pilot shall add to or in any way alter his licence, or make or alter any indorsement thereon, nor shall he be privy to any such licence or endorsement being altered. XII. It is ordained, that every pilot whf) shall observe any alteration in any of the sands or channels, or that any of the buoys or beacons of the said corporation are driven away, broken down, or but of place, shall forthwith deliver or send a correct statement thereof in writing to the secretary of the said corporation for the time being. CINQUE PORTS PILOTS. nm XIII. It is ordained, that every pilot shall, whenever he comes to an anchor, carefully observe the settings of the tide and the force of the stream, and if it shall happen that he comes near to a sand, or other object or cause of danger, and there be any other ships or ship in com- pany likely to fall in therewith, such pilot shall immediately give notice thereof to the captain or principal officer of the ship under his care, that he may make a signal to such other ships or ship for avoiding the same. XIV. It is ordained, that no pilot shall on any pretence aid or assist, either in his own person, or with his boat, or servants, or by any other means whatever, the landing, removing, or secreting any seaman from any merchant ship or vessel, to avoid serving in Her Majesty's Navy, or to escape the impress of the same. XY. It is ordained, that every pilot shall from time to time conform himself strictly to all dii-ections which shall be given to him by any of the harbour masters authorised by Act of Parliament under the cor- poration of the City of London, touching the mooring, unmooring, placing, or removing of any ship or vessel under his charge, as long as such ship or vessel shall be lying and situate within the limits of the authority of such harbour master. XVI. It is ordained, that each and every pilot belonging to a licensed pilot vessel shall be at liberty to entertain one apprentice and no more. XVII. It is ordained, that for any work done on the river Thames or Medway, by men in boats, being less than the work for the whole tide, the pay shall be for half a tide's work, is. to each man, and so on in pro- portion for any time less than a whole tide, the pay for which is settled by the Act of the sixth year of the reign of His Majesty King George IV. at Ss. XVIII. It is ordained, that in all cases where pecuniary penalties and forfeitures are annexed to the breach of the foregoing bye-laws, rules, orders, regulations, and ordinances, the said Corporation of Trinity House may mitigate and reduce the same to one-fourth part at their discretion. XIX. It is ordained, that every pilot who shall offend against any or either of the foregoing bye-laws, rules, orders, regulations, and ordi- nances, shall, for every such offence (whether the same shall subject him to any pecuniary penalty or not, and in addition to such penalty, if any) be liable to have his licence annulled and forfeited, or suspended, at the discretion of the said corporation. § 386. Tide to be observed. Not to assist escape of seamen. To obey orders of harbour masters. Apprentices. Men in boats. Mitigation of penall ligation lalties. Annulling of licences. Omjite Ports Pilots. The geographical boundaries of the Cinque Ports are defined by 1 & 2 Geo. 4, c. 76, s. 18. (See s. 460, p. 386.) 16 & 17 Vict. c. 129, s. 3 (The Pilotage Law Amendment Act, 1853). — All Cinque Port pilots duly licensed and autho- rised before this Act comes into operation to pilot any yessels from Dungeness or the Downs up the rivers Thames or Med- way shall be authorised to pilot the like yessels within the same limits and in the same manner within and in which they might have lawfully piloted the, same before the passing of this Act according to the terms of their existing licenses, and shall also by virtue of such existing licenses (without any Present Cinque Port pilots to be competent to pilot vessels, to either inwards or outwards, within the limits for 342 CINQUE POETS PILOTS. § 386. ■which they are now licensed. license from the Trinity House in that behalf) be authorised to pilot the like vessels down the said rivers Thames and Medway, or from those rivers to the Downs or Dungeness, or from the west end of the Owers> to the south buoy of the Brake, within the limits within which such existing licenses authorise them to act in piloting such vessels from the Downs to the said rivers, and up the same, or from the south buoy of the Brake to the west end of the Owers ; and it shall be lawful for the Trinity House by a supplemental license to authorise any such Cinque Port pilot to pilot any vessels ia any parts of the rivers Thames and Medway, or in any of the seas or channels leading to or from such rivers to which his existing license may not extend, after examination in respect of the further limits within w;hich he is to be so licensed to act, and upon the payment of such fee, if any, as the said Trinity House may, with the consent of the Board of Trade, appoint for the purpose ; and such supplemental license shall be taken to be part of and to be held npon the same conditions and subject to the same regulations in all respects as such existing license. But s. i of the same Act (16 & 17 Vict. c. 129) Cinque Port pilots are subject to the fifth pait of the " Merchant Shipping Act, 1864," and to all the bye-laws, rules and orders of the Trinity House. Present 16 & 17 Vict. c. 129, s. 5. — All pilots licensed before this Trinity House ^ct comes into operation by the said Trinity House to pilot pilot ships ^^y vessels upon the rivers Thames and Medway, or from inwards London Bridge to the Downs, or from the Isle of Wight to within the _ London Bridge, shall be authorised to pilot the like vessels k"!,*!o°^ *^^" ^^^ °^ ^^ Dungeness up the rivers Thames and Medway, and from the south buoy of the Brake to the westward to the end of the OWers, or within such or so much of the same limits as under their present licenses they might act within in piloting such vessels down the said rivers or outwards or to the west^ ward : Provided always, that nothing herein contained shall be deemed to confer any privilege of piloting above Gravesend and Stangate Creek respectively upon any pilots by whatever authority they may be licens.ed, except with the concurrence of the Trinity House in the case of each pilot. Section 8 of this Act gives power to the Trinity House to fix the rates to be paid to such pilots (see s. 380, p. 336). Section 10 transfers the property of the Court of Loadmauage and the Society of the Cinque Ports to the Trinity House. Sections 11, 12, and 13 enable the Trinity House to dispose of this property for the benefit of existing interests of Cinque Port pilots. licenses. Alteration of 35 & 36 Vict. c. 73, s. 10.— Whereas in pursuance of the mlST^ Pilotage Law Amendment Act, 1853, the several funds then CINQUE PORTS PILOTS. 343 belonging to the Cinque Ports pilots were merged into the s 386 common fund called the Trinity House Pilotage Fund, and by — ^ '— the same Act power was given to the Trinity House of Dept- Trinity House ford Strond, with the approval of the Board of Trade, "from ^'lot^^e Fund time to time to make regulations for altering and determining Port Ss the payments and contributions to be made to the said pilotage fund by Cinque Ports pilots hcensed before the said Act came into operation : And whereas by one of the regulations made under the authority of the said Act it was provided' uhat each of the said Cinque Ports pilots should pay towards the said fund eleven shillings for each turn : And whereas it has proved that the turns have been more numerous than was expected, and that the sums paid to the Trinity House, and carried to the credit of the said fund, in respect of the said turns, have been larger than was assumed in making the calculations upon which bhe said regulation- was based : And whereas it is expe- ■ dient that in lieu of the said sum of eleven shillings per turn the fixed annual sum of thirteen pounds four shillings should for the future be paid by or in respect of each of the said pilots so long as he remains unsuperannuated, and that the excess of the sum heretofore paid in each year by each pilot over the sum of thirteen pounds four shillings should be returned : And whereas doubts have been entertained whether the purposes aforesaid can be effected without the authority of Parliament : Beit enacted, that the Trinity House of Deptford Strond shall, out of the Trinity House Pilotage Fund, repay to each of the Cinque Ports pilots licensed before the Pilotage Law Amendment Act, 1853, came into operation, or if he be deceased, to his executors or administrators, the aggregate sum by which the sum of eleven shillings per turn heretofore paid by him exceeds the sum which he would have paid if he had paid thirteen pounds four shillings per annum ; and that each of the said pilots shall, while he continues to act as a pilot, pay to the said Trinity House the sum of eleven shillings per turn as heretofore, from the first day of January in each year, until the sums contributed in the same year amount to an aggregate sum equal to the product of thirteen pounds four shillings multiplied by the number of pilots licensed as above who are then surviving and unsuperannuated, and that when such aggregate sum is made up no further contributions shall be required from the said pilots until after the thirty-first day of December in the same year ; and if the said contributions during any one year fall short of the said aggregate sum, the said pilots then surviving and unsuperannuated shall, at such time and in such manner as the Trinity House may direct, make good such deficiency by payment of an additional con- tribution per man, to be calculated pro ratd upon the number of turns which each may have carried during the said year, and any such pilot failing to pay such additional contribution S44 SUB-COMMISSIONEKS. §§ shall, in default of such payment, become liable to immediate 386 387 '^^™-°'^^l ^"^o"^ active serrice and superannuation upon such ' ' proportion of the full pension payable to such pilot as the Trinity House may see fit. Arrangement of pilot funds for Bristol Channel pUota. 25 & 26 Vict. c. 63, s. 42. — Whereas under the pro- visions of the Bristol Channel Pilotage Act, 1861, pilot- age authorities have been established at the ports of New- port and Gloucester, tad the pilots theretofore licensed by the Trinity House of Deptford Strond for those parts have ceased to be so licensed : And whereas no provision has been made by the said Act for dealing with such interests as the said pilots may have in the Trinity House pilot fund mentioned in the Principal Act : Be it therefore ■ enacted, that, notwithstanding the said pilots have ceased to be .licensed by the Trinity House, the Trinity House may make such an equitable arrangement in the administration of the Trinity House Pilot Fund mentioned in the Principal Act with reference to the interests of the pilots so ceasing to be licensed by them as aforesaid as they may in their discretion think fit. Power to Trinity Houses of Hull and Newcastle to appoint sub- commis- sioners. Appointment of Sub-Commissioners ly Trinity Houses of Eull and Newcastle. 387. The two Corporations of the Trinity Houses of the. ports of Hull and Newcastle shall continue to appoint sub- commissioners, not being more than seven nor less than three in number, for the purpose of examining pilots in all districts in which they have been used to make such appointments, and may, with the consent of Her Majesty in Council, but not otherwise, appoint like sub-commissioners for any other district situate within their respective jurisdictions ; but no pilotage district already under the authority of any sub-commissioners appointed by either of the said corporations shall be extended, except with such consent as aforesaid ; and no sub-commis- sioners appointed or to be appointed by the Trinity Houses of Hull and Newcastle shall be deemed to be pilotage authorities within the meaning of this Act, nor shall anything in this Act contained be held to confer upon the commissioners for regu- lating the pilotage of the port of Kingston-upon-HuU and of the Eiver Humber any jurisdiction of a different nature or character from that which they have heretofore exercised. LIABILITY OF OWNER AND MASTER. 345 Saving of Owner's and Master's Rights. § 388. 388. No owner or master of any ship shall be answerable to Limitation of any person whatever for any loss or damage occasioned by the liability of fault or incapacity of any qualified pilot acting in charge of pnotloli"^ such ship, within any district where the employment of such compulsory, pilot is compulsory by law. This section, as it takes away a remedy from persons who have re- Strict con- ceived an injury, must be construed strictly. The pilot must be " acting struction. in charge of such ship," and no other fault committed by the p"ilot, whatever it may be, can in any degree be comprehended in the terms of the statute Qi). In order to claim immunity for damage, it is not sufficient to state that a pilot was on board and in charge of the ship ; it must be shown clearly that the damage was occasioned by some erroneous conduct on the part of the pilot within the limits where pilotage is compulsory, and solely from that cause (Z) ; for if the Contributory accident result from the joint misconduct of the pilot and crew, or negligence, from some defect of the ship, the owner's liability remains (to). This rule is carried out very Ftriotly. In a case before the Privy Council, in which it was proved that every act of omission which contri- buted to the accident, was an act for which the pilot was to blame ; yet, inasmuch as for one of them, viz., the omission to strike and haul down certain yards and masts, the master was held to be also in fault, the owners were not exonerated from liability (»). But on the other hand, if it is proved that the pilot was in fault, and there is not sufficient proof that the master and crew were also in fault in any particular which contributed,' or may have conlributed, to the accident, the owners will then have released themselves from the burden of proof which the law casts upon them (o). The only person liable when pilotage is com- pulsory, and a duly qualified pilot is employed, is the pilot himself (p). The liability of Trinity House pilots for negligence or incapacity is restricted to lOOZ., and the pilotage dues of the particular voyage on which the accident happens (see ss. .B72, 373, p. 330). If a collision Compulsory , occurs abroad, within the jurisdiction of some foreign country, and while pilotage the ship doing the damage is in the compulsory charge of a pilot, such abroad, ship cannot be sued in England, even though she is liable for the damage by the laws of that foreign country {rj). (Jc) The General de Gaen, Swa. 10 ; Clyde Navigation Co. v. Barclay, Scotch Cases, 4th Series, IL 842, affirmed in House of Lords, W. N. 24th, June, 1876, p. 199. (1) Pollocks. M'Alpin, 7 Moo. P. C. 427; The Lion, L. R. 2 A, & E. 102 ; The Admiral Boxer, Swa. 195. (to) The Diana, 1 W. Rob. 135 ; The SckwaOie, 14 Moo. P. C. 250 ; The lona, L. R. 1 P. C 432 ; 16 L. T. N. S. 158 ; The Royal Charter, L. R. 2 A. & E. 362. (n) The Christiana, 7 Moo. P. C. 160. (o) The George, i No. of Cas. 161 ; The Atlas, 5 No. of Cas. 50 ; The Velasquez, 4 Moo. P. C. N. S. 426. (p) The Annapolis, Lush. 295. (2) The HaOey, L. E. 2 P. 0. 193. 346 LIGHTHOUSES. 389, 390. PAET YI. Management oflighthonses, buoys, and beacons to be in Trinity House, Com- missioners of. ^Northern Lighthouses, and Commis- sioners of Irish Lights. Incorporation of Commis- sioners of Northern Lighthouses. LIGHTHOUSES. Management of Lighthouses. 389. Subject to the provisions hereinafter contained, and subject also to any powers or rights now lawfully enjoyed or exercised by any person or body of persons having by law or usage authority over local lighthouses, buoys, or beacons, here- inafter termed " Local Authorities," the superintendence and management of all lighthouses, buoys, and beacons shall be vested in the following bodies ; that is to say, In England and Wales, and the islands of Jersey, Guernsey, Sark, and Alderney, and the adjacent seas and islands, and in Heligoland and Gibraltar, in the Trinity House : In Scotland and the adjacent seas and islands, and in the Isle of Man, in the Commissioners of Northern Light- houses hereinafter mentioned : In Ireland and the adjacent seas and islands, in the Com- misioners of Irish Lights {this lody was formerly called The Port of Dublin Corporation : see sec. 2, p. 3). And, subject to the provisions hereinafter contained, the said Trinity House, and Commissioners (hereinafter termed General Lighthouse Authorities) shall respectively continue to hold and maintain all property now vested in them in that behalf in the same manner and for the same purposes as they have hitherto held and maintained the same. 390. The persons holding the following offices shall be a body corporate under the name of the Commissioners of Nprthern Lighthouses ; that is to say, (1.) The Lord Advocate and the Solicitor-General for Scotland ; (2.) The Lords Provosts of Edinburgh and Glasgow, and the Provosts of the cities of Aberdeen, Inverness, and Campbeltown j MANAGEMENT OF LIGHTHOUSES. 347 (3.) The eldest Bailies of Edinburgh and Glasgow ; § § (4.) The Sheriffs of the counties of Edinburgh, Lanark, 390-394. Eenfrew, Bute, Argyle, InTerness, Ross, Orkney, Caith- '~ ness, Aberdeen, Ayr, Fife, Forfar, Wigton, Sutherland, Kincardine, Kirkcudbright, and Elgin ; And shall have a common seal ; and any five of such commis- sioners shall constitute a quorum, and shall have power to do all such matters and things as might be done by the whole body of commissioners. 391. In addition to the persons above mentioned, it shall be Power to elect lawful for the said commissioners at any time after this Act <=srtain new •' jnembers. comes into operation to elect the provost or chief magistrate of any royal or parliamentary burgh on or near any part of the coasts of Scotland and the sheriff of any county abutting on such coasts. 392. The Trinity House, their engineers, workmen, and Trinity Honso servants, may at all times enter any lighthouses within the ]Sbth°Ses in jurisdiction of the said commissioners to view the condition Scotland and thereof or otherwise for the purposes of this Act. 393. The Board of Trade may, upon complaint to the effect Board of Trade that any lighthouse, buoy, or beacon under the management of ™rso?s^to° any of the said general lighthouse authorities, or any work inspect light- connected therewith, is inefficient or improperly managed or ' unnecessary, authorise persons to inspect the same ; and every person so authorised may inspect the same accordingly, and make such inquiries in respect thereof and of the management thereof, as he may think fif; and all officers and others having the care of such lighthouses, buoys, or beacons or concerned in the management thereof, shall furnish all such information and explanations in relation thereto as he may require ; and the said general lighthouse authorities and their respective ofacers shall at all times give to the Board of Trade all such returns, explanations, or information in relation to the light- houses, buoys, or beacons within their jurisdiction and the management thereof, as such board may from time to time require. 394. Each of the said general lighthouse authorities, upon Power to giving due notice of their intention, shall have power, with the lonsrautho-' sanction of the Board of Trade, to compel any local authority rities to having jurisdiction in the matter of lighthouses, buoys, or authoriti'es!^ 348 MANAGEMENT OF LIGHTHOUSES. § 394. beacons at any place situate within the jurisdiction of such general lighthouse authority, to lay down buoys, or to remove or discontinue any existing lighthouse or beacon, or to make anyrariation in the character of any lighthouse or in the mode of exhibiting lights therein ; and no such local authority as aforesaid shall erect any new lighthouse, or remove or discon- tinue any lighthouse, or vary the character of any lighthouse or the mode of exhibiting lights therein, without the sanction of the general lighthouse authority within whose jurisdiction the same is situate. Lights, &c., under iocal authorities to be inspected, &c., by Trinity House, and otlier general authorities. 25 & 26 Yict. c. 63, s. 43.— The following rules shall be ob- served with respect to the inspection of local lighthouses, buoys, and beacons ; that is to say, (1.) It shall be the duty of each of the general lighthouse authorities, or of such persons as may be authorised by such authority for the purpose, to inspect all lights, buoys, and beacons situate within the limits of the jurisdiction of such general authority, but belonging to or under the jurisdiction of any local authorities, and to make such inquiries in respect thereof and of the management thereof as they may think fit : (2.) All officers and others having the care of such light- houses, buoys, or beacons, or concerned in the management thereof, shall furnish all such information and explanations concerning the same as they may require : (3.) All such local authorities and their respective oiBcers shall at all times give to the inspecting authority all such returns, explanations, or information concerning the lighthouses, buoys, and beacons within their juris- diction, and the management thereof, as the said au- thority may from time to time require : (4.) The inspecting authority shall communicate to each local authority the results of its inspection of the lighthouses, buoys, and beacons within its jurisdiction, and shall also make general reports of the results of its inspection of local lighthouses, buoys, and beacons to the Board of Trade ; and such reports shall be laid before Parliament : (5.) The powers given by the 394th section of the Principal Act to the general lighthouse authorities shall, so far as the same are applicable, extend and apply, to the case of local buoys and beacons, other than local buoys and beacons placed or erected for temporary purposes, as well as to the case of local lighthouses. authorities. LIGHT DUES. 5i9 395. If any local authority having power to erect, maintain, § § or place any local lighthouse, buoy, or beacon at any place 395-398. within -the jurisdiction of one of the said general lighthouse i^"^^^7^f ' authorities fails so to do, or fails to obey any direction given default by by such authority under the last preceding section, Her Majesty j°^^} 1^°^^ may, upon application from such general lighthouse authority, houses may by Order in Council direct that such power as aforesaid shall togen^ar^'^ be transferred to such last-mentioned authority ; and such lighthouse power, together with all powers of levying and receiving dues in respect of such lighthouse, buoy, or beacon, shall thereupon become vested in such last-mentioned authority ; and such lighthouse, with its appurtenances, and also such buoy or beacon, and all dues leviable in respect thereof, shall thence- forth be subject in all respects to the same regulations as other lighthouses and light dues, buoys, and beacons provided for by this Act. Light Dues. 396. Subject to any alterations to be made under the powers Dues to be hereinafter contained, the said general lighthouse authorities ^^™°- shall, in respect of the existing lighthouses, buoys, or b?acons within their respective jurisdictions, continue to levy dues, hereinafter called light dues, after the rate at which the same are levied at the time when this Act comes into operation ; and such light dues shall be payable in respect of all ships whatever, except ships belonging to Her Majesty, and ships hereby exempted from payment thereof. 397. Her Majesty may, by and with the advice of Her Privy Light dues to Council, from time to time reduce all or any of the dues for revSonh *° the time being payable in respect of existing or future light- Her Majesty houses, buoys, or beacons, for the time being under the man- ^ council, agement of the said general lighthouse authorities ; and may also, by and with the like advice, from time to time increase or vary any of such dues, so that no dues payable in respect of any Mghthouse, buoy, or beacon existing at the time when this Act comes into operation are made to exceed the amount which has at any period previous to such time been received in respect thereof, or to which the said dues might during any part of such period as last aforesaid lawfully have been raised. 398 Each of the said general lighthouse authorities shall Powers of general light- 350 LIGHT DUES, 398-401. house autho- rities to alter and regulate dues. Puhlication of dues and regulations. Ship not to he cleared with- out production of receipt for light dues. hare power, with the consent of Her Majesty in Council, to do any of the following things ; that is to say, To exempt any ships or any classes of ships from the pay- ment of light dues receiy;ab]e by such authority, and to annex any terms or conditions to such exemptions : To alter the times, places, and modes at and in which the light dues receivable by such authority are payable : To substitute any other dues or class of dues, whether by way of annual payment or otherwise, in respect of any ships or classes of ships, for the dues payable to such authority for the time being. 399. Tables of all light dues, and a copy of the regulations for the time being in force in respect thereof, shall be, posted up at all custom houses within the United Kingdom ; and each of the said general lighthouse authorities shall from time to time as occasion requires furnish copies of such tables and regulations to the Commissioners of Customs in London, and to the principal officers of customs resident at all places where light dues are collected on account of such lighthouse autho- rity ; and such copies shall be posted up by the commissioners at the Custom House in London, and by such oflcers at the custom houses of the places at which they are respectiTely resident. 400. A receipt for light dues shall be given by the person appointed to collect the same to every person paying the same, and no officer of customs at any port where light dues are pay- able in respect of any ship shall grant a clearance or transire for any such ship unless the receipt for the same is produced to him. Liability for and recovery of light dues. 25 & 26 Yict. c. 63, s. 44. — The following persons shall be liable to pay light dues for any ship in respect of which light dues are payable ; (that is to say,) the owner or master, or such consignees or agents thereof as have paid or made themselves liable to pay any other charge on account of such ship in the port of her arrival or discharge, and in default of payment such light dues may be recovered in the same manner as penalties of the like amount may be recovered by virtue of the Principal Act. Power of distress for light dues. 401. If the owner or master of any ship fails on demand of the authorised collector to pay the light dues due in respect LOCAL LIGHT DUES. 351 thereof, it shall be lawful for such collector, in addition to any §§ other remedy which he or the authority by whom he is ap- 401-403. pointed is entitled to use, to enter upon such ship, and distrain '■ the goods, guns, tackle, or any other thing of or belonging to or on board such ship, and to detain such distress untU the said light dues are paid ; and if payment of the same is not made within the period of three days next ensuing such distress, he may, at any time during the continuance of such nonpayment, cause the same to be appraised by two sufficient persons or sworn appraisers, and thereupon sell the same, and apply the proceeds in payment of the light dues due, together with all reasonable expenses incurred by him under this section, paying the surplus (if any) on demand to the said owner or master. 25 & 26 Vict. c. 63, s. 45. — Every consignee and agent (not Powers of being the owner or master) hereby made liable for the payment consignees to of light dues in respect of any ship may, out of any moneys in ^^^^^°- ^s^^ his hands received on account of such ship, or belonging to the them.^^^ ^ owner thereof, retain the amount of all dues so paid by him, together with any reasonable expenses he may have incurred by reason of such payment or hability. 402. Every person appointed to collect light dues by any of Light dues, the said general lighthouse authorities shall coUect all light ^°^*° f j dues payable at the port or place at which he is so appointed, accounted for. whether the same be collected on account of such last-mentioned authority or of the other general lighthouse authorities, and shall pay over to the general lighthouse authority by whom he was appointed, or as it directs, the whole amount of light dues received by him ; and the authority so receiving the same shall keep accounts thereof, and shall cause the same to be remitted to Her Majesty's Paymaster-General in such manner as the Board of Trade directs. 403. All light dues Coming to the hands of any of the said Application of general lighthouse authorities under this Act shall be carried %^* ^'"■^^■ to the account of the Mercantile Marine Fund hereinafter mentioned, and shall be dealt with in manner hereinafter pre- scribed, (See Part VII., p. 358.) Local Light Dues. 25 & 26 Vict. 0. 63, s. 46. — If any lighthouse, buoy, or Dues may be beacon is erected or placed, or reconstructed, repaired, or re- levied for placed by any local authority having jurisdiction in the matter local lights. 352 COLONIAL LIGHTHOUSES AND DUES. § 403. Application of and accounts of such dues. of lighthouses, buoys, or beacons, Her Majesty may, on the application of the said local authority, by Order in Council fix such dues to be pajid to the said local authority in respect of every ship which enters the port or harbour under the jurisdic- tion of such local authority or the estuary wherein such light- house, buoy, or beacon is situate, and which passes the said lighthouse, buoy, or beacon, and derives benefit therefrom, as Her Majesty may deem reasonable : The dues for the time being fixed by any such Order in Council as aforesaid shall be paid accordingly by the master of the said ship or other person or persons by whom the said light dues, if levied by one of the general lighthouse autho- rities, would be payable, and shall be recoverable in the same manner as light dues payable to such general authorities are recoverable. . 25 & 26 Vict. c. 63, s. 47. — All light dues leviable by any local authority under this Act shall be applied for the purposes of the construction, placiQg, maintenance, and improvement of the lighthouses, buoys, and beacons in respect of which the same are levied, and for no other purpose : The local authority to whom the same are paid shall keep a separate account of the receipt and expenditure of such dues, and shall once in every year, or at such other time as the Board of Trade may determine, send a copy of such account to the Board of Trade, and shall send the same in such form and shall give such particulars in relation thereto as the Board of Trade may require : Her Majesty may by Order in Council from time to time reduce, alter, or increase all or any of such dues, so that the same may, so far as it is practicable, be suflBcient and not more than sufficient for the payment of the expenses incurred by the local authority in respect of the lighthouses, buoys, or beacons for which the dues are levied. Her Majesty may by Order in Council fix dues for colonial lighthonses. Colonial Lighthouses and Dues. 18 & 19 Vict. c. 91, s. 2.— In any case in which any light- house, buoy, or beacon has been or is hereafter erected or placed, on or near the coasts of any British possession. Her Majesty may by Order in Council fix such dues in respect thereof, to be paid by the owner or master of every ship which passes the same or derives benefit therefrom, as Her Majesty may deem reasonable, and may in like manner from time to time increase, diminish, or repeal such dues, and from -the time specified in such Order for the commencement of the dues thereby fixed, increased, or diminished, the same shall be leviable throughout Her Majesty's dominions in the manner hereinafter mentioned. COLONIAL LIGHTHOUSES AND DUES. 353 18 & 19 Vict. c. 91, s. 3. — No such dues as aforesaid shall be levied ia any colony unless and until the legislative authority in such colony has, either by address to the Crown, or by an Act or ordinance duly passed, signified its opinion that the same ought to be levied in such colony. 18 & 19 Vict. c. 91, s. 4. — The said dues shall in the United Kingdom be collected by the same persons by whom, and by the same means, in the same manner and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the light dues leviable under the Merchant Shipping Act, 1854, are collected ; and shall in each British possession abroad be collected by such persons as the governor of such possession abroad may appoint for the purpose, and shall be collected by the same means, in the. same manner, and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the light dues leviable under the Merchant Shipping Act, 1854, are paid and collected, or by such other means, in such other manner, and subject to such other con- ditions as the legislative authority in such possession may direct. 18 & 19 Vict. c. 91, s. 5. — All dues levied under this Act shall be paid over to Her Majesty's Paymaster-General, at such times and in such manner as the Board of Trade may direct, and shall be appHed, paid, and dealt with by him- for the pur- poses hereinafter mentioned, in such manner as such Board may direct. 18 & 19 Vict. c. 91, s. 6. — The dues levied under the autho- rity of this Act in respect of any such Ughthouse, buoy, or beacon as aforesaid, shall, after deducting any expenses incurred in collecting the same, be applied for the purpose of paying the expenses incurred in erecting and maintaining such light- house, buoy, or beacon, and for no other purpose whatever. 18 & 19 Vict. c. 91, s. 7.— For the purpose of constructing or repairing any such lighthouse, buoy, or beacon as aforesaid, the Board .of Trade may raise upon the security of the dues to be levied in respect thereof such sums of money as they may deem fit ; and the commissioners of Her Majesty's Treasury, out of any monies which may be provided by ParHament, the Pnbhc "Works Loan Commissioners, or any other person or body of persons, may advance the same accordingly, such advances to be made in the same manner, vnth the same powers and subject to the same provisions, so far as circumstances permit, in, with, and subject to which under the Merchant Shipping Act, 1854, advances may be made upon the security of the Mercantile Marine Fund, for the construction and repair of lighthouses in the United Kingdom. 18 & 19 Vict. c. 91, s, 8. — ^Accounts shall be kept of aU sums expended in the construction, repair, or maintenance of every lighthouse, buoy, or beacon in the British possessions § 403. No such, dues to be levied in any colony without the consent of the colonial legislature. Mode of collecting the said dues. Dues to be paid to Her Majesty's Paymaster- General. Dues to be applied to expenses of ligbthouse, &c. , for which they are levied. Power to borrow money on security of dues. Accoilnts for each light- house, &c., to 334 NEW LIGHTHOUSES. 403-406. be kept and laid before Parliament, and to be audited. Power to ligbthouse authorities to erect, place, and alter ligltthouaes, buoys, and beacons. This power in the case of the commis- sioners to be subject to approval of TMnityHouse, with appeal to Board of Trade. Sanction of Board of Trade, how to be obtained. abroad, for which dues are levied under the authority of this Act, and of the dues received in respect thereof, in such manner as the Board of Trade may direct, and shall be laid before Parliament annually ; and the said accounts shall be audited in such manner as Her Majesty may, by Order in Council, direct. Construction of and Bubs for New Lighthouses. 404. Each of the said general Ughthouse authorities shall have power, within its jurisdiction, to execute the following works and do the following things (that is to say) : (1.) To erect or place new Hghthonses, with all requisite works, roads, and appurtenances, or alter or remove any existing lighthouses : (2.) To erect or place any new buoys or beacons, or alter or remove any existing buoys or beacons : (3.) To take and purchase any land which may be necessary for the above purposes, or for the maintenance of the works or the residence of the Ught-keepers : (4.) To vary the character of any lighthouse or the mode of exhibiting hghts therein : (5.) To sell any land belonging to it : But the exercise of the above power shall, in the case of the said commissioners, be subject to the restrictions hereinafter contained. 405. Previously to undertaking any such work as aforesaid, the said commissioners shall forward a notice specifying fully the nature of the work proposed to be undertaken by them, and their reasons for undertaking the same, to the Trinity House, who shall take the proposed scheme into their consider- ation, and notify to the said commissioners their approval or rejection thereof with or without modifications ; but no such notification shall be binding on the said commissioners until the same has been sanctioned by the Board of Trade in manner hereinafter mentioned ; and at any time previous to such sanction being given, the said commissioners may forward to the Trinity House and the Board of Trade, or either of them, any objec- tions to, or observations upon, or suggestions in respect of, such notification. 406. In order to obtain such sanction as aforesaid, the Trinity House shall forward a copy of their notification, accom- NEW LIGHTHOUSES. 355 panied by copies of all communications that have passed §§ between the Trinity House and the said commissioners to 406-409. the Board of Trade ; and such Board shall have power to give any directions they may think fit in relation to the matters submitted to them, by granting or withholding their sanction, either wholly or partially, and either with or without modification. 407. The Trinity House shall forthwith communicate the Trinity House directions giren by the Board of Trade in relation to the mat- ^ ^"^Ji^e ters aforesaid to the said commissioners, and the said commis- authorities sioners shall, upon the receipt of such directions, be bound to °! R^'^^T^f act in conformity therewith, and to do or forbear doing any- Trade, thing thereby directed to be done or foreborne. 408. The Trinity House shall hare power to direct the said Power to commissioners to execute the following works ; (that is ^via sanction to say,') of Board of Trade to (1.) To continue any existing lighthouses, buoys, or compel execu- beacons : tion of works (2.) To erect or place any new lighthouses, buoys, or beacons, sionera!™'^' or alter or remove any existing lighthouses, buoys, or beacons : (3.) To vary the character of any lighthouse, or the mode of exhibiting lights therein : But no such directions shall be issued to the said commissioners until the issue thereof has been sanctioned by the Board of Trade ; such sanction to be obtained by the Trinity House in manner hereinafter mentioned. 409. Previously to issuing any such direction as aforesaid, Sanction of the Trinity House shall make an appKcation to the Board of rj,°^g "j^^,^ ^^ Trade, stating fully the nature of the work to which such be obtained, directions relate, and their reasons for directing the same ; and shall at the same time give notice to the said commissioners 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 ofiice of the said commissioners in Dublin, as the case may be ; and opportunity shall be afforded to the said commissioners to submit any observations they may see fit to make with respect to such appUcation 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 356 SURRENDER OF LOCAL LIGHTHOUSES. 409-413. Her Majesty- may by Order in Council fix dues to be taken for new ligbthouses. No dues to be levied in the Channel Islands with- out consent of the States, an4 no power to be exer- cised therein but by Order in Council. Incorporation therein, and if such adherence and concurrence is duly notified to the said commissioners, it shall be their duty within a reasonable time after such notification is made to carry the said directions into effect. 410. Upon the completion of any new lighthouse, buoy, or beacon. Her Majesty may by Order in Council fix such dues ia respect thereof to be paid by the master or owner of eyery 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 authorised to be levied by this act are paid and collected. 411. No dues for any lighthouse, buoy, or beacon to be erected or placed ia or near the islands of Guernsey, Jersey, Sark, or Aldemey shall be taken in the said islands of Guernsey or Jersey without the consent of the States of the said islands respectively ; nor shall any powers hereinbefore given to the Trinity House in respect of any lighthouse, buoy, or beacon erected or placed in the islands of Guernsey or Jersey, or here- after to be erected or placed in such islands, be exercised without the consent of Her Majesty in Council. 412. The Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Act (Scotland), 1845, shall be incorporated in this Act, and shall apply to all lighthouses to be constructed and all land to be purchased under the powers thereof. lighthouse authorities, Surrender of Local LigMhouses. Local light- 413. Every local authority holding any lighthouse, buoy, or smrendCTed^^ beacon at any place within the jurisdiction of any of the said to general general lighthouse authorities may, if they think fit, surrender or sell the same to such general lighthouse authority, and such authority may, with the consent of the Board of Trade, accept or purchase the same, the purchase money (if any) to be paid out of the said mercantile 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 PREVENTION OF FALSE LIGHTS. 357 dues as might be fixed and made payable if the same were a rb new lighthouse, buoy, or beacon : and such lighthouse, buoy, 413-416. 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. 414. If any person wilfully or negligently commits any of Penalty for the following offences ; (that is to say,) ISfeoy.. (1.) Injures any Kghthouse or the lights exhibited therein, and beacons.' or any buoy or beacon ; (2.) EemoTes, alters, or destroys any lightship, buoy, or beacon ; (3.) Eides by, makes fast to, or runs foul of any lightship or buoy ; He shall, in addition to the expenses of making good any damage so occasioned, incur a penalty not exceeding 50?. Prevention of False Lights. 415. Whenever any fire or light is burnt or exhibited at General liglit- ' such place or in such manner as to be hable to be mistaken for '^.°P® autho- ,. ^ nties may a light proceeding from a lighthouse, it shall be lawful for the proMbit false general lighthouse authority within whose jurisdiction such ^S^^- . 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 aflBxing 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 exist- ing light, and for preventing for the future any similar fire or light J and any owner or person disobeying such notice shall be deemed guilty of a common nuisance, and in addition to any other penalties or habilities of any kind thereby incurred, shall incur a penalty not exceeding 1001. 416. If any owner or person served with such notice as If not obeyed aforesaid neglects for a period of seven days to extinguish or ^^^ ™^y lights. 358 MERCANTILE MARINE FUND. § § effectually screen the fire or light therein mentioned, it shalx 416 417. he lawM 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 damage ; and all expenses incurred by such authority in such extinction may be recovered fi-om such person or owner as aforesaid in the same way as penalties are hereby directed to be recoverable. PART VII. Sums to be carried to Mercantile Marine Fund. 7 Vict. c. 57. MERCANTILE MARINE FUND. 417. The following sums shall be carried to a common, fund, to be entitled the "Mercantile Marine fund (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 Commissioners of Irish Lights under the Sixth Part of this Act : (3.) All rates and monies received by the Trinity House under the local act of the seventh year of Her present Majesty, chapter 57, 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. Table V. is set out under section 455, p. 376. By the Chain Cables and Anchors Act, 1874 (37 & 38 Vict. c. 51, s. 2), all fees paid to the Board of Trade and all fees received by the Trinity House in pursuance of the Chain Cables, &c., Act, 1864, are to be carried to the Mercantile Marine Fund, and the expenses of the Board of Trade under that Act are to be defrayed out of it. MERCANTILE MARINE FUND, 359 418. Subject to any prior charges that may be subsisting s 418. thereon by virtue of any Act or Acts of Parliament or other- wise, the said fund shall be chargeable with the following o/Mercaii°ae expenses ; (that is to say,) Maiine Fund. (1.) The salaries and other expenses connected with the local marine boards, the examinations, and the mercan- tile marine offices, provided for by the Third Part of this Act : (2.) TJie salm-ies of surveyors, and other expenses connected with the survey of passenger steam ships provided for by the Fourth Part of this Act {a) ;, (3.) All expenses incurred by the general lighthouse autho- rities aforesaid in the works and services of lighthouses, buoys, and beacons provided for by the Sixth Part of this Act, or in the execution of any works necessary or expedient for the purpose of permanently reducing the expense of such works and services : (4.) All expenses iucurred by the Trinity House in respect of lastage and ballastage in the river Thames : ' (5.) Such expenses for establishing and maintaining on the coasts of the United Kingdom proper life-boats, with the necessary crews and equipments, and for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for reward- ing the preservation of life in such cases, as the Board of Trade directs : (6.) Any expenses incurred ia carrying into effect the provi- sions 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 Parlia- ment are specially charged thereon : And shall, save as hereinafter mentioned, be applicable to no other purpose whatever. Expenses in Preserving Life. 17 & 18 Vict. c. 120, s. 7.— The Board of Trade may, out of i^J?™f^f the MercantUe Marine Fund, direct payment to be made of j^^V be such expenses for establishing and maintaining on the coasts charged on ^ Mercantile , , „ -■ . T -.cHH ■, >,„.,. Marine Fund. (a) Suts. (2) of s. 418 is repealed from 1st January, 1877, by 39 & 40 Vict. c. 80, s. 45. 360 MERCANTILE MARINE FUND. SS of the United Kingdom proper life boats, with the necessary 418-420 crews and equipments, and for affording assistance towards the ^ preservation of hfe and property in cases of shipwreck and dis- tress at sea, and for the granting rewards for the preservation of life in such cases as it thinks fit. Salaries of surveyors. Application of ballastage rates. 6 & 7 Viot. c. Ivii. KstabUsh- ments for lighthouses and ballastage charged on fund to be fixed by Her Majesty in Council. 39 & 40 Vict. c. 80, {fwrt of) sec. 39.— On and after the same day (1st January, 1877) the salaries of all surveyors appointed under the Merchant Shipping Acts, 1854 to 1876, and so much of the expenses connected with the survey and measurement of ships under those Acts, and of the salaries and expenses of persons employed under the Passengers Act, 1855, as has heretofore been paid out of the Mercantile Marine Fund, shall be paid out of moneys provided by Parliament, and the Treasury shall have the like control over such salaries and expenses as has heretofore been vested ia the Board of Trade. 419. The said rates and moneys received by the Trinity House under the said local Act of the seventh year of Her present Majesty, chapter 57, shall, subject to the payment of such proportion of any prior charges subsisting on the Mer- cantile 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 supply- ing ballast to or providing for the safety or convenience of such ships as navigate the said river Thames and the seas and channels leadmg 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. 420. Her Majesty may from time to time, by and with the advice of her Privy Council, fix the estabhshments to be main- tained 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 MERCANTILE MARINE FUND. 361 other sums to be paid out of the said fund, m respect of such § § estabhshments ; and if it appears that any part of the estab- 420-434. lishments of the said lighthouse authorities 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 estabhshments 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. 421. The said general lighthouse authorities may from time Power to to time, with the sanction of the Board of Trade, grant super- ^^^atim"^' annuations or compensations to persons whose salaries are aUowancea. payable out of the said fund, and who are discharged or retire ; so nevertheless that no superannuation allowance or compen- sation to any person so discharged or retiring shall exceed the proportion of his salary which might be granted to a person in the pubhc civil service, under the Superammation Act 1859 (22 Vict. c. 26, s. 15), or under any other Act for regulating such superannuation allowances or compensations for the time being in force. 422. Each of the said general lighthouse authorities shall Estimates and 3,0001111118 for from time to time submit to the Board of Trade estimates of other expenses all expenses to be incurred by them in respect of the matters *° be approved . , , , ,T 1 „ , . by the Board aforesaid, other than the establishment expenses for the time of Trade. 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 mthout waitiug until an estimate can be sanctioned, as soon as possible send to the Board of Trade a fuU account of such expense ; and the Board of Trade shall consider and may approve such estimates and accounts, either with or without modification. 423. No expense of any of the said general Hghthouse No expense to authorities in respect of the said services shall be paid out of ^nies°ganc- the Mercantile Marine Fund, or allowed in account, other than tioned by the sums so allowed for estabUshment expenses as aforesaid, ^^^ °^ or included in estimates or accounts approved by the Board of Trade. 424. For the purpose of the construction and repair of For the lighthouses, and of other extraordinary expenses connected P™T?s^ °f with the said services, the Treasury are authorised from time repairing to time, upon the application of the Board of Trade, to advance hghthouses, out of the growing produce of the Consolidated Fund of the extraordinary 362 MERCANTILE MARINE FUND. 424-427. expenses, Treasury may advance money. Power to Board of Trade to torrow money on the credit of fund. Power to Public Works Loan Com- missioners to advance money on the credit of the fund. Lighthouse authorities United Kingdom such sums of money, upon sucli 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 ia respect of such advances shall never at any one time exceed £200,000 ; 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 sinkiug 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 pay- ments, if such reduction be assented to by the Treasury. 425. The Board of Trade may also, for the purpose last aforesaid, raise money by mortgaging the Mercantile Mariue 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 seal of such person or persons, as the president of the said board for the time being may direct ; and no person or body of persons lending money upon any such mortgage shall be bound to see to the purpose for which the same is raised,. or to the mode in which it is applied. 426. The Public Works Loan Commissioners "may also, for the purpose last aforesaid, advance money upon mortgage of the said Mercantile Marine Fund, and the several dues, rates, fees, and payments so to be carried thereto as aiforesaid, or any of them, or any part thereof, without requiring any further security than such mortgage as aforesaid ; but every mortgage so made to the said Public Works Loan Commissioners, or their secretary for the time being, shall be made under and in pursuance of the Acts of Parliament regulating the proceedings of the said PubUc Works Loan Commissioners, anything herein contained to the contrary notwithstanding : Provided, that no advance which may be made by the said Public Works Loan Commissioners shall prevent any lawful reduction of any of the said dues, rates, fees, or payments, if such reduction is assented to by the said PubUc Works Loan Commissioners. 427. Each of the said general lighthouse authorities shall MERCANTILE MARINE FUND. 363 account to the Board of Trade for their receipts from the said § § light dues and ballastage rates, and for their expenditure as 437-431. regards expenses paid out of the said fund, in such form, and to account for at such times, and with such details, explanations, and vouchers, receipt and as the Board of Trade requires, and shall, when required by to^oard^f such board, permit all books of accounts kept by or under their Trade, respective direction to be inspected and examined by such, persons as the said board appoints for that purpose. 428. The Board of Trade shall render to the commissioners Aeconnts of for auditiug the public accounts periodical accounts of the audited by whole of the receipts and expenditure of the Mercantile Marine commissioners Fund, such accounts to be signed and declared to by the ac- ° ^^ ^ -^ countant appointed- by the Board of Trade for that purpose ; and in case of default it shall be lawful for the Treasury to make or direct such allowance as under the circumstances of the case they may think fit in respect thereof. 429. The Board of Trade shall as soon as practicable after Accounts to be the meeting of parliament in every year cause the account of parliament. the Mercantile Marine Fund for the then preceding year to be laid before both houses of parliament. 430. All lighthouses, buoys, beacons, and light dues, and all Property used other rates, fees, or payments accruing to or forming part of pjges of'parts the said fund, and all premises or property belonging to or III. and VI. occupied by any of the said general lighthouse authorities or eLt^ptfrom the Board of Trade, which are used or apphed for the purposes all rates and of any of the services for which such dues, rates, fees, and pay- *^^^' ments are received, and all instruments or writiugs used by or under the direction of any of the said general lighthouse authorities or the Board of Trade in carrying on the said services shall be exempted from all public, parochial, and local taxes, duties, and rates of every kind. 431. The ships belonging to or used by any of the said Ships of general Ughthouse authorities, or by the Board of Trade shall authorltS be privileged to enter, resort to and use any harbours, ports, exempt from docks, or piers in the United Kingdom without payment of " °^^ ^^^' any tolls, dues, or rates of any kind. 25 & 26 Vict. c. 63, s. 48. The 431st section of the Priacipal f^3*i°? Act shall be read as if after the word " ships " there were in- ^^ats. ^ ° serted the words " and boats." 364 WRECKS, CASUALTIES, AND SALVAGE. § 432. Inquiries to be instituted in cases of wreck and casualty. Power to hold inqiiiries or formal in- vestigations as to stranded and missing PAET VIII. WKifiCKS CASUALTIES, AND SALVAGE. Inquiries into Wrecks. 432. In any of the cases following, that is to say, Wheneyer any ship is lost, abandoned, or materially damaged on or near the coasts of the United Kingdom ; Whenever any ship causes loss or material damage to any other ship on or near such coasts ; Whenever by reason of any casualty happening to or on board of any ship on or near such coasts loss of life ensues ; Whenever any such loss, abandonment, damage, or casualty happens elsewhere, and any competent witnesses thereof arrive or are found at any place in the United King- dom ; It shall be lawful for the inspecting officer of the coast guard or the principal officer of customs residing at or near the place where such loss, abandonment, damage, or casualty occurred, if the same occurred on or near the coasts of the United Kingdom, but if elsewhere at or near the place where such witnesses as aforesaid arrive or are found or can be convenienily examined, or for any other person appointed for the purpose by the Board of Trade, to make inquiry respecting such loss, abandonment, damage, or casualty ; and he shall for that purpose have all the powers given by the First Part of this Act to inspectors appointed by the said board. The powers of these inspectors are given in sec. 15, p. 12. 39 & 40 Vict. c. 80, s. 32.— In the following cases :— (1.) Whenever any ship on or near the coasts of the United Kingdom or any British ship elsewhere has been stranded or damaged, and any witness is found at any place in the United Kingdom, or (2.) Whenever a British ship has been lost or is supposed to have been lost, and any evidence can be obtained in the United Kingdom as to the circumstances under which she proceeded to sea or was last heard of, the Board of Trade (without prejudice to any other powers) INQUIRIES IKIO WRECKS. 365 may if they think fit, cause an inquiry to be made or formal §§ investigation to be held, and all the provisions of the Merchant 433-434 Shipping Acts, 1854 to 1876, shall apply to any such inquiry L or investigation as if it had been made or held under the eighth part of the Merchant Shipping Act, 1854. 39 & 40 Yict. c. 80, s. 33. — A formal investigation into a piace of shipping casualty may be held at any place appointed in that investigation, behalf by the Board of Trade, and all enactments relating to the authority holding the investigation shall, for the purpose of the investigation, have effect as if the place' so appointed were a place appointed for the exercise of the ordinary jurisdiction of that authority. These new provisions of the Merchant Shipping Act, 1876, give the Board of Trade power to cause an inquiry into the wreck of any British ship occurring anywhere, and the Board may now appoint any place to be the seat of the inquiry. Sub-sec. (2) of sec. 32 of the Merchant Shipping Act, 1876, gives entirely new powers of causing an inquiry into the loss of British ships. By sec. 432, it could only be instituted when any competent witnesses arrived, or were found in the United Kingdom, but it can now be made when any evidence can be obtained in the Kingdom as to the circumstances of the case. 433. If it appears to such officer or person as aforesaid. Formal either upon or without any such preliminary inquiry as afore- ^fojf^ug^"'^ said, that a formal investigation is requisite or expedient, or if tioes. the Board of Trade so directs, he shall apply to any two justices or to a stipendiary magistrate to hear the case ; and such justices or magistrate shall thereupon proceed to hear and try the same, and shall for that purpose, so far as relates to the summoning of parties, compelling the attendance of witnesses, and the regulation of the proceedings, have the same powers as if the same were a proceeding relating to an offence or cause of complaint upon which they or he have power to make a sum- mary conviction or order, or as near thereto as circumstances permit ; and it shall be the duty of such oflBcer or person as aforesaid to superintend the management of the case, and to render such assistance to the said justices or magistrates as is in his power ; and, upon the conclusion of the case, the said justices or magistrate shall send a report to the Board of Trade, containing a fall statement of the case and of their or his opinion thereon, accompanied by such report of or extracts from the evidence, and such observations (if any) as they or he may think fit. 434. Repeahd by 39 & 40 Vict. c. 80, s. 45. 366 INQUIRIES INTO WRECKS. 435-488. Stipendiary magistrate 'to be the magistrate who is mem- ber of local marine board, and to be Costs of such invest tions. Investigations in Scotland. Master or mate may be required to deliver cer- tificate to be held until close of inquiry. 435. In places where there is a local marine board, and where a stipendiary magistrate is a member of such board, all such investigations as aforesaid shall, whenever he happens to be present, be made before such magistrate ;, and there shall be paid to such magistrate in respect of his services under this Act such remuneration, whether by way of annual increase of of salary or otherwise as Her Majesty's Secretary of State for the Home Department, with the consent of the Board of Trade, may direct ; and such remuneration shall be paid out of the Mercantile Marine Fund. 436. The said justices or magistrate may make such order with respect to the costs of any such investigation or any portion thereof as they or he may deem just^ and such costs shall be paid accordingly, and shall be recoverable in the same manner as other costs incurred in summary proceedings before them or him ; and the Board of Trade may, if in any case it thinks fit so to do, pay the expense of any such investigation, and may pay to such assessor as aforesaid such remuneration as it thinks fit. 437. In the case of any such investigation as aforesaid to be held in Scotland, the Board of Trade may, if it so thinks fit, remit the same to the Lord Advocate to be prosecuted in such manner as he may direct. (The rest of this section is repealed by 39 & 40 Vict. c. 80, s. 45.) 438. Such justices or magistrate as aforesaid may, or in Scotland such person or persons as is or are directed by the Lord Advocate to conduct the investigation may, if they or he think fit, require any master or mate possessing a certificate of competency or service whose conduct is called in question or appears to them or him likely to be called in question in the course of such investigation, to deliver such certificate to them or him, and they or he shall hold the certificate so delivered until the conclusion of the inyestigation, and shall then either return the same to such master or mate, or, if their report is such as to enable the Board of Trade to cancel or suspend such certificate under the powers given to such board by the Third Part of this Act, shall forward the same to the Board of Trade, to be dealt with as such board thinks fit ; and if any master or mate fails so to deliver his certificate when so required, he shall incur a penalty not exceeding 501. WRECK COMMISSIONERS. The provisions relating to certificates of competency and service are set out under sec, 134:, p. 119. 367 § 438. Wreck Gommission&rs. 39 & 40 Vict. c. 80, s. 29. — For the purpose of rendering in- vestigations into shipping casualties more speedy and effectual it shall be lawful for the Lord High Chancellor of Great Britain to appoint from time to time some fit person or persons to be a wreck commissioner or wreck commissioners for the United Kingdom, so that there shall not be more than three such commissioners at any one time, and to remove any such wreck commissioner ; and iu case it shall become neces- sary to appoint a wreck commissioner in Ireland, the Lord Chancellor of Ireland shall have the appointment and the power of removal of such wreck commissioner. It shall be the duty of a wreck commissioner, at the request of the Board of Trade, to hold any formal investigation into a loss, abandonment, damage, or casualty (in this Act called a shipping casualty) under the eighth part of the Merchant. Shipping Act, 1854, and for that purpose he shall have the same jurisdiction and powers as are thereby conferred on two justices, and all the provisions of the Merchant Shipping Acts, 1854 to 1876, with respect to investigations conducted under the eighth part of the Merchant Shipping Act, 1854, shall apply to investigations held by a wreck commissioner. 39 & 40 Vict. c. 80, s. 30. — The wreck commissioner, justices, or other authority holding a formal investigation into a shipping casualty shall hold the same with the assistance of an assessor or assessors of nautical engineering or other special skill or knowledge, to be appointed by the commissioner, justices, or authority out of a list of persons for the time being approved for the purpose by a Secretary of State. The commissioner, justices, or authority, when of opinion that the investigation is likely to involve the cancellation or suspension of the certificate of a master or mate, shall, where practicable, appoint a person having experience in the mer- chant service to be one of the assessors. Each assessor shall either sign the report made on the in- vestigation, or report to the Board of Trade his reasons for his dissent therefrouL The Lord High Chancellor of Great Britain may from time to time, with the consent of the Treasury so far as relates to fees, make, and when made revoke, alter, and add to general rules for carrying into effect the enactments relating to formal in- vestigations into shipping casualties, and in particular with respect to the summoning of assessors, the procedure, the parties, the persons allowed to appear, the notice to such parties and Appointment, duties, and powers of wreck com- missioners for investigating shipping casualties. Assessors and rules of pro- cedure on formal in- vestigations into shipping casualties. Eules as to procedure fees, &o. 368 CINQUE PORTS OFFICIALS. 438, 439. Defence of persons charged. Parliament to supply moneys. Board of Trade super- intendents of wreck, with power to appoint receivers. Powers of Board of Trade as to appointment of receivers. persons, or to persons affected, and the amount and application of fees. All such rules, while in force, shall have efiect as if enacted in this Act. {The Ruks are set out in the Appendix, ]pp. 563 — 568.) Every formal investigation into a shipping casualty shall be conducted in such manner that if a charge is made against any person that person shall have an opportunity of inaking a defence. 39 & 40 Vict. c. 80, {part of) s. 39.— There may be paid out of moneys provided by Parliament, to any wreck commissioner, judge of a court of survey, assessor, registrar of a court of survey, detaining oificer, scientific referee, and other ofi&cer or person appointed under this Act, such salary or remuneration (if any) as the Treasury from time to time direct. Appointment and Duties of Receivers. 439. The Board of Trade shall throughout the United Kingdom have the general superintendence of all matters relating to wreck ; and it may, with the consent of the Com- missioners of Her Majesty's Treasury, appoint any oificer of customs or of the coast guard, or any ofiicer of inland revenue, or, when it appears to such board to be more convenient, any other person, to be a receiver of wreck in any district, and to perform such duties as are herein-after mentioned, and shall give due notice of every such appointment. By 17 & 18 Vict. c. 120, s. 10, the office of Receiver-General of Droits of Admiralty, was transferred to the Board of Trade when the person then holding the office should vacate it. Cinque Ports Officials. 17 & 18 Vict. c. 120, s. 11. — Receivers appointed by the said Receiver-G-eneral under the Act of the tenth year of the reign of Her present Majesty, chapter ninety- nine, shall hold their offices only during the pleasure of the Board of Trade; and the Serjeants of the Admiralty of the Cinque Ports, their deputies or other officers, authorised to perform the duties and to exercise the powers within the jurisdiction of the Cinque Ports elsewhere performed and exercised by such receivers as aforesaid, shall perform and exercise the same only during the pleasure and subject to the directions of the Board of Trade ; and all such receivers, Serjeants, deputies, and other officers as aforesaid shall possess in the several districts within which they have hitherto exercised their duties the same powers, rights, and privileges, WRECK. 369 and perform the same duties as are by the said Merchant Shipping Act, 1854, vested in and committed to the receivers therein mentioned, save only that they shall not be entitled to take the command in cases of ships or boats stranded or in distress, unless authorised so to do by the Board of Trade. The limits of the Cinque Ports are defined by 1 & 2 Geo. i, c. 7G, s. 18. (See sec. 460, p. 386). Wrech. Wreck is defined in this Act (see sec. 2, p. 5) to include jetsam, flotsam, lagan, and derelict, found in or on the shores of the sea or any tidal water. By the old law rvreooiim maris, or wreck of the sea, was the name given to goods that were cast upon land after a shipviTcck (a) ; if they remained at sea, the law distinguished them by the uncouth appellations of flotsam, jetsam, and lagan (i). All goods found afloat and derelict on the high seas, belong, as droits, to the Crown in its ofBce of Admiralty (c), and wreck of the sea belonged ^rima/arie to the Crown by the common law, unless some living thing escaped to land out of the ship {d). And now if wreck is unclaimed for a year, it belongs to the Crown (see sec. 475, p. 398), unless the right to wreck has been granted to the manor (see sec. 454, p. 375). The rights of the Crown in its office of Admiralty extend from low water mark out to sea, and over the part between high and low water mark according as it is covered with water or not (c). . Timber found floating at sea without an apparent owner, having drifted from a river where it was moored, was held not to be wreck within the meaning of this Act, on the ground that the Act was passed with reference to shipping, and flotsam, &c., are terms only applied to goods separated from a ship by some peril (/). Salvage maybe awarded for bringing in an Admiralty droit (17). The goods of pirates are droits, that is, the pirates' own goods, not those they have taken from other men (h). 440. N"o admiral, vice-admiral, or other person, under what- ever denomination, exercising Admiralty jurisdiction, shall, as such, by himself or his agents, receive, take, or interfere with any wreck except as hereinafter mentioned. See sec. 445, p. 371, as to who may act when the receiver is absent. As to the wreck commissioners appointed under the Merchant Shipping Act, 187G, see under sec. 438, p. 367. (a) Sir R. OmstabU's Case (1369), 6 Co. Eep. 106 a ; 2 Inst. 167. (6) 1 Bl. Comm. 290. (c) R. V. Forty-nine CasJcs of Brandy, 3 Hagg. Ad. 277. (d) Sir R. Constable's Case, 5 Co. Kep. 106 a ; St. of Westminster, I. c. 4; The Augusta, 1 Hagg. Ad. 18. See Colquhoun's Summary of Koman Civil Law, vol. ii. § 978. (e) R. V. Two OasTcs of TaUow, 3 Hagg. Ad. 298. (/) Palmer v. Rouse, 3 H. & N. 509. (a) R. V. Property derelict, 1 Hagg. Ad. 383. (h) Roll. Eep. 285, pi. 1 ; 6 Yin. Ah. 526 ; The Helen, 1 Hagg. Ad. 144 ; The Panda, I W. Rob. 423. §§ 439, 440. Definitions of wreck. Extent of Admiralty jurisdiction of the Crown. Floating timber. Salvage for Admiralty droits. Admiral not to interfere with wreck. WRECK. 441, 443. Duty of receiver when any ship is stranded or in distress. Powers of receiver in case of such accident to any ship or boat. All articles washed on shore, or lost, or taken from any ship or hoat, to be delivered to the receiver. 441. Wheucver any ship or boat is stranded or in distress at any jDlace on the shore of the sea or of any tidal water within the limits of the United Kingdom, the receiver of the district within which such place is situate shall, upon being made acquainted with such accident, forthwith proceed to such place, and upon his arrival there he shall take the command of all persons present, and assign such duties to each person, and issue such directions, as he may think fit with a view to the preservation of such ship or boat, and the lives of the persons belonging thereto, and the cargo and apparel thereof ; and if any person wilfully disobeys such directions, he shall forfeit a sum not exceeding 50Z. ; but it shall not be lawful for such receiver to interfere between the master of such ship or boat and his crew in matters relating to the management thereof, unless he is requested so to do by such master. 442. The receiver may, with a view to such preservation as aforesaid of the ship or boat, persons, ca,rgo, and apparel, do the following thmgs ; (that is to say,) (1.) Summon such number of men as he thinks necessary to assist him : (2.) Eequire the master or other person having the charge of any ship or boat near at hand to give such aid with his men, ship, or boats as may be in his power : (3.) Demand the use of any waggon, cart, or horses that may be near at hand : And any person refusing without reasonable cause to comply with any summons, requisition, or demand so made as afore- said, shall for every such refusal incur a penalty not exceeding 100?. ; but no person shall be liable to pay any duty of assessed taxes in respect of any such waggon, cart, or horses by reason of the user of the same under this section. 443. All cargo and other articles belonging to such ship or boat as aforesaid that may be washed on shore, or otherwise be lost or taken from such ship or boat, shall be delivered to the receiver ; and any person, whether he is the owner or not, who secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the receiver or to any person authorised by him to demand the same, shall incur a penalty not exceeding lOQl. ; and it shall be lawful for such receiver or other person as aforesaid to take such cargo or article by force from the person so refusing to deliver the same. WKECK. 371 ■444. Whenever any sucli accident as aforesaid occurs to any § § ship or boat, and any person plunders, creates disorder, or 444.446. obstructs the preservation of such ship, boat, lives, or cargo as ~ ~ aforesaid, it shall be lawful for the receiver to cause such person receiver to to be apprehended, and to use force for the suppression of any suppress ■u T 3 ■ T t , . plunder and such piundermg, disorder, or obstruction as aforesaid, with disorder by power to command all Her Majesty's subjects to assist him in ^°'^'^^- the use of such force ; and if any person is kiUed, maimed, or hurt by reason of his resisting the receiver ui the execution of the duties hereby committed to him, or any person acting under his orders, such receiver or other person shall be free and fully indemnified as well agaiust the Queen's Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt. 445. During the absence of the receiver from the place where Certain any such accident as aforesaid occurs, or in places where no °^'^f.^^° , 6X6rClS6 receiver has been appointed under this Act, the following powers of officers in succession, each in the absence of the other, in the vj^^absenoe order in which they are named, that is to say, any principal officer of customs or of the coast guard, or officer of inland revenue, and also any sheriff, justice of the peace, commissioned officer on full pay in the naval service of Her Majesty, or commissioned officer on full pay in the military service of Her Majesty, may do all matters and things hereby authorised to be done by the receiver, with this exception, that with respect to any goods or articles belonging to any such ship or boat, the delivery up of which to the receiver is hereinbefore required, any officer so acting shall be considered as the agent of the receiver, and shall place the same in the custody of the receiver; and no person so acting as substitute for any receiver shall be entitled to any fees payable to receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled. Except as provided by this section, no one may interfere with wreck ; even the owner himself must give notice to the Receiver stating that he has found it (see see. 450, p. 373). 446. Whenever any such accident as aforesaid occurs to any Power in case ship or boat, all persons may, for the purpose of rendering indistress'^to^ assistance to such ship or boat, or saving the lives of the passoyer persons on board the same, or the cargo or apparel thereof, iand°^th unless there is some public road equally convenient, pass and carriages. B B 2 372 WRECK. §§ repass either with or without carriages or horses over any 446-448. adjoining lands, without being subject to interruption by the ' ~ owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on such lands any cargo or other article recovered from such ship or boat ; and all damage that may be sustained by any owner or occupier in consequence of any such passing or repassing or deposit as aforesaid shall be a charge on the ship, boat, cargo, or articles in respect of or by which such damage was occasioned, and shall, in default of payment, be recoverable in the same manner as salvage is hereby made recoverable ; and the amount payable in respect thereof, if disputed, shall be determined in the same manner as the amount of salvage is hereby in case of dispute directed to be determined. Penalty on owners and occupiers of land refusing to allow carriages, &c., to pass over their land. Power of receiver to institute examination with respect to ships in distress. As to the mode of recovering salvage, see sec. 460 et se^., p. 38.9. 447. If the owner or occupier of any land over which any person is hereby authorised to pass or repass for any of the purposes hereinbefore mentioned does any of the following things ; (that is to say), (1.) Impedes or hinders any such person from so passing or repassing, with or without carriages, horses, and servants, by locking his gates, refusing, upon request, to open the same, or otherwise however ; (2.) Impedes or hinders the deposit of any cargo or other article recovered from any such ship or boat, as herein- before mentioned ; (3.) Prevents such cargo or other article from remaining so deposited for a reasonable time, until the same can be removed to a safe place of public deposit ; He shall for every such offence incur a penalty not exceeding 100/. 448. Any receiver, or in his absence any justice of the peace, shall, as soon as conveniently may be, examine upon oath (which oath they are hereby respectively empowered to ad- minister) any person belonging to any ship which may be or may have been in distress on the coasts of the United Kingdom, or any other person who may ' be able to give any account thereof or of the cargo or stores thereof, as to the following matters ; (that is to say). WRECK. 373 (1.) The name and description of the ship ; §§ (2.) The name of the master and of the owners ; 448-450. (3. ) The names of the owners of the cai-go ; Owners of (4.) The ports or places from and to which the ship was cargo. bound ; Port. (5.) The occasion of the distress of the ship ; Cause. (6.) The services rendered ; Services. (7.) Such other matters or circumstances relating to such Other ship, or to the cargo on board the same, as the receiver ^^ ^^^" or justice thinks necessary : And such receiver or justice shall take the examination down Examination in writing, and shall make two copies of the same, of which he ™ writing, shall send one to the Board of Trade, and the other to the secretaiy of the committee for managing the affairs of Lloyd's in London, and such last-mentioned copy shall be placed by the said secretary in some conspicuous situation for the in- spection of persons desirous of examining the same ; and for the purposes of such examination every such receiver or justice as aforesaid shall have all the powers given by the first part of this Act to inspectors appointed by the Board of Trade. As to the powers of such inspectors, see sec. 15, p. 12. 39 & 40 Vict. c. 80, s. 31. — A wreck commissioner may at Power for the request of the Board of Trade, by himself, or by some ^f^f^^^J"^; deputy approved by the Board of Trade, institute the same institute examination as a receiver of wreck under section four hundred examination and forty-eight of the Merchant Shipping Act, 1854, and shall with respect for that purpose have the powers by that section conferred on j°i^g^g "^^^ a receiver of wreck. sec. us. A receiver of wreck in taking depositions under this section, should Mode of put down the facts deposed to as given by the deponent, and should not *^^°? correct any statement made by the deponent which, within the personal depositions, knowledge of the receiver, is erroneous (i). 449. Repealed lij 39 & 40 Vict. c. 80, s. 45. 450. The following rules shall be observed by any person Eules to be finding or taking possession of wreck within the United pgrgols*^^^ Kingdom ; (that is to say,) finding wreck. (1.) If the person so finding or taking possession of the same is the owner, he shall as soon as possible give (i) The Lancashire, 29 L. T. N. S. 927. 374 WUECK. §§ 450, 451. Penalties for default. Power of receivers to seize con- cealed wreck. notice to the receiver of the district within which such wreck is. found, stating that he has so found or taken possession of the same ; and he shall describe in such notice the marks by which such wreck is distinguished : (2.) If any person not being the, owner finds or takes pos- session of any wreck, he shall as soon as possible deliver the same to such receiver as aforesaid : And any person making default in obeying the provisions' of this section shall incur the following penalties ; (that is to say,) (3.) If he is the owner and makes default in performing the several things, the performance of which is hereby imposed on an owner, he shall incur a penalty not exceeding 100?. (4.) If he is not the owner and makes default in performing the several things, the performance of which is hereby imposed on any person not being an owner. He shall forfeit all claim to salvage'; He shall pay to the owner of such wreck, if the same is claimed, but if the same is unclaimed then to the person entitled to such unclaimed wreck, double the value of such wreck (such value to be recovered in the same way as a penalty of like amount) ; and He shall incur a penalty not exceeding 100?. It has been held that this section was not intended to apply to salvors who have found a derelict vessel and restored it to the owners. This is a criminal clause, and is meant to apply to a criminal and improper detention for the purpose of fraud. Where a barge was found adrift in the Thames, with no one on board, and was restored to the owners instead of being delivered to the receiver of wreck, sec. 450 was held not to apply or to operate as a forfeiture of any claim to salvage (/i). 451. If any receiver suspects or receives information that any wreck is secreted, or in the possession of some person who is not the owner thereof, or otherwise improperly dealt with, he may apply to any justice of the peace for a warrant, and such justice shall have power to grant a warrant, by virtue whereof ib shall be lawful for the receiver to enter into any house or other place wherever situate, and also into any ship or (Tc) The Zeta, L. B. 4 A. & E. 460 ; 3 Asp. Mar. Law Cas. 73. WRECK. 375 boat, and to search for, and to seize and detain any sucli wreck s s as aforesaid there found ; and if any such seizure is made in 451-454 consequence of information that may have been given by any person to the receiver, the informer shall be entitled by way of salvage to such sum not exceeding in any case 5Z. as the receiver may allow. 452. Every receiver shall within forty-eight hours after. Notice of taking possession of any wreck cause to be posted up in the ^^''^o'^'obe custom house of the port nearest to the place where such wreck receiver, was found or seized a description of the same and of any marks by which it is distinguished, and shall also, if the value of such wreck exceeds 20?., but not otherwise, transmit a similar de- scription to the secretary of the committee of Lloyd's aforesaid ; and such secretary shall post up the description so sent, or a copy thereof, in some conspicuous place, for the inspection of all persons desirous of examining the same. 453. In cases where any wreck in the custody of any receiver Goods deemed is under the value of hi., or is of so perishable a nature or so ^f small vahi much damaged that the same caimot, in his opinion, be advan- may be sold tageously kept, or if the value thereof is not sufiicient to defray ""mediately. the charge of warehousing, the receiver may sell the same before the expiration of the period hereinafter mentioned, and the money raised by such sale, after defraymg the expenses thereof, shall be held by the receiver for the same purposes and subject to the same claims for and to which the article sold would have been held and liable if it had remained unsold. 454. In cases where any admiral, vice-admiral, lord of the Incases m.anor, or other person is entitled for his own use to unclaimed Joj^^y^^ wreck found on any place situate within a district for which a manor or receiver is appointed, such admiral, vice-admiral, lord of the [g entitkT'' manor, or other person, shall deliver to such receiver a state- to unclaimed ment containing the particulars of his title, and the address to c^^er'^ giv^ which notices are to be sent ; and upon such statement being notice to him. so delivered, and proof made to the satisfaction of the receiver of the validity of such title, it shall be his duty, whenever he takes possession of any wreck found at any such place, to send within forty-eight hours thereafter a description of the same and of any marks by which it is distinguished, directed to such address as aforesaid. S76 RECEIVERS OF WRECK. gfi Grants to Manors. 454 455. ^'^'^ general right of the Crown to wreck of the sea (see sec. 439, p. 369), has been sometimes granted to lords of the manor and others. Such a grant being from the Crown, must be construed strictly against the grantee, because the prerogatives, rights, and emoluments of the Crown being conferred upon it for great purposes and for the pubho use, are not to be diminished by any grant beyond what such grant, by necessary and unavoidable construction, shall take away (I). Such a grant will confer on the grantee rights from the high water mark and above it. Between high and low water mark, there is a divisum im- perhim ; when the tide covers this space, it is sea, and subject to the Admiralty ; when the tide recedes, it is land, and within the manor (7)i). Priority of seizure is a fact of no importance in determining whether property is wreck of the sea or an Admiralty droit (»). As regards Scotland, the term " lord of the manor," when used in this part of the Act, is to include "heritable proprietor duly infeft" (see sec. 501. p. 416). Grants from the Crown to be construed strictly against grantee. Space between high and low water mai-k. Priority of seizure. Payments to be made to receiver. 455. There shall be paid to all receivers appointed under this Act the expenses properly incurred by them in the perform- ance of their duties, and also in respect of the several matters specified in the table marked V. in the schedule thereto, such fees, not exceeding the amounts therein mentioned, as may from time to time be directed by the Board of Trade ; and the receiver shall have the same lien and be entitled to the same remedies for the recovery of such expenses and fees as a salvor has or is entitled to in respect of salvage due to him ; but, save as aforesaid, no receiver appointed under this Act shall, as such, be entitled to any remuneration whatsoever. TABLE r. Fees aud Remuneeation of Receivers. For every examination on oath instituted by a receiver with respect to any ship or boat which may be or may have been in distress, a fee not exceeding But so that in no case shall a larger fee than 2Z. be charged for examinations taken in respect of the same ship and the same occurrence, whatever may be the number of the deponents. For evei-y report required to be sent by the receiver to the secretary of the committee for managing the affairs of Lloyd's in London, the sum of £ s. 10 10 {I) The Sehecca, 1 C. Bob. 230 ; S. v. Forty-nme Casks of Bramdy, 3 Hagg. Ad. 271 ; 2 Bl. Comm. 347. (m) R. V. Two Casks of Tallow, 3 Hagg. Ad. 298. (7i) Tlie Pauline, 2 W. Rob. 360. EECKIVJERS OF WRECK. t>// § 455. For wreck taken by the receiver into his custody, a per- centage of five per cent, upon the value thereof, But so that in no case shall the whole amount of per-centage so payable exceed 201. In cases where any services are rendered by a receiver, in respect of any ship or boat in distress, not being wreck, or in respect of the cargo or other articles belonging thereto, the following fees instead of a per-centage ; that is to say. If such sliip or boat with her cargo equals or ex- ceeds in value 600Z., the sum of 21. for the first, and the sum of 11. for every sub.'iequent day during which the receiver is employed on such service, but if such ship or boat with her cargo is less in value than 600?., one moiety of the above- mentioned sum. For a salvor's lien see sec. 497, p. 413, and as to his remedies see sec. 468 et seq., p. 394. Disputes as to amount are to be settled by the Board of Trade (see sec. 456, p. 378). 17 & 18 Vict. c. 120, s. 12.— There shall be payable to sucli Payment of receivers, Serjeants, deputies, and other officers (o) as aforesaid receivers such fees and other remuneration as are by the said Merchant appointed by Shipping Act, 1854, made payable to receivers appointed there- under, and payment thereof shall be made by the same persons and in the same manner, and shall be capable of being enforced by the same means, as payment of the fees or other remunerar tion payable to the receivers appointed under " The Merchant Shipping Act, 1854," are payable or capable of being enforced, or as near thereto as circumstances permit ; and, save as aforesaid, and saving also any expenses actually and properly incurred, no such receiver, serjeant, deputy, or other oflicer as aforesaid shall be entitled to demand or receive from any person any fees or other sums in respect of any services performed by him as receiver. 17 & 18 Vict. c. 120, s. 1.3. — All fees or other remuneration received by any such receiver, serjeant, deputy, or other officer feesof suoli as aforesaid may be applied by him to his own use. receivers. Tiiis only applies to Cinque Port ofiicers ; see sec. 439, p. 368. The usual fees received by a receiver appointed under the Principal Act go to the Mercantile Marine Fund (see sec. 457, p. 378). 18 & 19 Vict. c. 91, s. 20. — In cases where services are ren- Remuneration dered by officers or men of the coastguard service in watching for services by or protecting shipwrecked property, then, unless it can be shown coastguard, that such services have been declined by the owner of such Receiver General. Application of (o) See 17 & 18 Vict. c. 120, s. 11. Under s. &c., here alluded to are Cinque Ports ofiicers. 439, p. 368 ; the Serjeants, 378 SALVAGE IN THE UNITED KINGDOM. § § property or his agent at the time they were tendered, or that 455-458. s^l^^gs ^^^ been claimed and awarded for such services, the — ; L owner of the shipwrecked property shall pay in respect of the said services remuneration according to a scale to be fixed by the Board of Trade, so, however, that such scale shall not exceed any scale by which payment to officers and men of the coastguard for extra duties in the ordinary service of the Com- missioners of Customs is for the time being regulated ; and such remuneration shall' be recoverable by the same means and shall be paid to the same persons, and accounted for and applied in the same manner as fees received by receivers appomted under the Merchant Shipping Act, 1854. Although it is part of the duty of coastguard men to save life, it is a duty for which they should be paid {p), but not every assistance ren- dered to vessels in distress will entitle them to salvage (q). Disputes as to sums'payahle to receiver to be determined by Board of Trade. Application of fees. 456. Whenever any dispute arises in any part of the United Kingdom as to the amount payable to any receiver in respect of expenses or fees, such dispute shall be determined by the Board of Trade, whose decision shall be final. 457. All fees received by any receiver appomted under this Act, in respect of any services performed by him as receiver, shall be carried to and form part of the Mercantile Marine Fund, and a separate account thereof shall be kept, and the moneys arising therefrom shall be applied in defraying any expenses duly incurred in carrying into effect the purposes of the Eighth Part of this Act, in such manner as the Board of Trade directs. Salvage in respect of services rendered in the United Kingdom. Salvage in the United Kingdom. 458. In the following cases (that is to say). Whenever any ship or boat is stranded or otherwise in dis- tress on the shore of any sea or tidal water situate within the limits of the United Kingdom, and services are rendered by any person, (1.) In assisting such ship or boat ; (2.) In saving the lives of the persons belonging to such ship or boat ; (3.) In saving the cargo or apparel of such ship or I boat, or any portion thereof ; (p) The Silver Bullion, 2 Spinks, E. & A. 70. (j) The Amazon, 2 L. T. N. S. 140 ; The Q,ueen Mab, 3 Hagg. Ad. 243. SALVAGE IN THE UNITED KINGDOII. 379 §458. And whenever any wreck is saved by any person other than a receiver within the United Kingdom ; There shall be payable by the owners of such ship or boat, cargo, apparel, or wreck, to the person by whom such services or any of them are rendered or by whom such wreck is saved, a reasonable amount of salvage, together with all expenses properly mcurred by hun in the performance of such services or the saving of such wreck, the amount of such salvage and expenses (which expenses are heremafter included under the term salvage) to be determined in case of dispute in manner hereinafter mentioned. •2i Vict. c. 10, s. 9.— All the provisions of " The Merchant Shipping Act, 1854," in regard to salvage of hfe from any ship or boat within the limits of the United Kingdom, shall be extended to the salvage of hfe from any British ship or boat, wheresoever the services may have been rendered, and from any foreign ship or boat, where the services have been rendered either wholly or in part in British waters. 25 & 26 Vict. c. 63, s. 59. — Whenever it is made to appear to Her Majesty that the Government of any foreign country is willing that salvage shall be awarded by British Courts for services rendered in saving life from any ship belonging to such country when such ship is beyond the limits of British juris- diction. Her Majesty may, by Order in Council, direct that the provisions of the Principal Act and of this Act, with respect to salvage for services rendered in saving life from British ships, shall in all British Courts be held to apply to services rendered in saving Hfe from the ships of such foreign country, whether such services are rendered within British jurisdiction or not. Siilfaffe. Salvage in its simple character is the service which those who recover Meaning of property from loss or damage at sea, render to the owners, with the salvage, responsibility of mating restitution, and with a lien for their re- ward (?■). The word is generally used to mean the reward itself to which such persons become entitled. The ingredients of a salvage Ingredients of service are : — ^ salvage (I.) Enterprise and promptitude in the salvors in rendering assis- service, tance (.?). (2.) The degree of danger and distress from which the property is rescued (t). (3.) The degree of labour and skill displayed, and the danger incurred by the salvors («). (r) H.M.S. The Thetis, 3 Hagg. Ad. 48. (s) The City of Edinlmrgh, 2 Hagg. Ad. 334. \t) The Clifton, 3 Hagg. Ad. 120 ; The Charlotte, 3 W. Eob. 68. («) The Two Friends, 2 W. Kob. 353. Extending 17 & 18 Vict; c. 104, as to claims for salvage of life. Provisions concerning salvage of life may, with the consent of any foreign country, be applied to its ships on the high seas. 380 SALVAGF. § 458. Enterprise and prom]3ti- tude. General in- terests of navigation considered. Danger of vessel salved. Must have been some danger. Tranship- ment. Fire. (i.) The value of the property salved {x). (5.) The time employed in rendering the services (y). (6.) The success of the efforts to save the property (z). The amount of salvage, or whether any be due, will depend upon the existence, in a greater or less proportion, of these elements. There must be some peril which exposes the property to destruction unless assistance is rendered. But if the master can by a proper use of the means he possesses save the property, the law presumes that he will, and that the salvor's interference was unnecessary (a). (1.) There is a broad distinction between salvors who volunteer to go out, and salvors who are employed by a ship in distress. The former go out at their own risis;,' and the effectual performance of salvage ser- vice is that which gives them a title to salvage remuneration. But if they are engaged by a ship in distress, they are to be paid according to the efforts made, even though their services may not prove beneficial to the vessel (J). There must, however, be some service actually ren- dered by the persons claiming the reward (c). In awarding salvage the Court will look not merely to the exact g^iiantiim of service performed in the case itself, but to the general in- terests of navigation and commerce, which are greatly protected by exertions of this nature. The fatigue, the anxiety, the determination to encounter dapger if necessary, the spirit of adventure, the skill and dexterity which are acquired by the exercise of that spirit, all require to be taken into consideration (d), (2.) " It is not necessary," says Dr. Lushington, " that the distress should be actual or immediate, or that the danger should be imminent and absolute ; it will be sufficient if at the time the assistance is ren- dered, the vessel has encountered any damage or misfortune, which might possibly expose her to destruction if the services were not ren- dered " (e). If, however, there was no risk or danger at all, no salvage will be awarded, even though the alleged salvor towed the vessel into port under the mistaken impression that she was in distress (/). The Court looks with jealousy on salvage by transhipment, as leading to decep- tion on owners and underwriters (g), and mere transhipment, unless the cargo was in danger, is not a salvage service at all (A). Salvage was awarded to a steamer for towing away a vessel that was lying in a dock, and in danger of catching fire from the surrounding warehouses, {x) The Ewell drove, 3 Hagg. Ad. 221 ; The Blendenhall, 1 Dods. Ad, 423. (y) The Industry, 3 Hagg. Ad. 204. (s) TJw ImMa, 1 W. Kob. 406. (a) Parsons on Shipping, (2nd ed.) II. 282 ; The Himalaya, Swa. 515 ; Hand v. The Elvira, Gilpin (Amer. Kep.), 60. (6) The Vndaimted, Lush. 92. (c) Tlie Samger, 3 Notes of Cases, 590 ; The Bodge Heahj, 4 Wash. (Amer. Eep.), 651 ; The AquUa, 1 C. Bob. 37. (d) The WiUiam Beckford, 3 C. Kob. 355 ; The Hector, 3 Hagg. Ad. 95 ; Mason v. The Elaireau, 2 Cranch (Amer. Eep.), 266. (e) The diarlotte, 3 W. Kob. 71 ; The Astecs, 3 Mar. Law Cas. 326 ; 21 L. T. N. S. 797. (/) The Union, 3 Jur. N. S. 462 ; The Straihnaver, 1 App. Cas. 58 ; The Selecea Clyde, 5 Benedict (Amer. Kep.), 98. (g) The Hope, 3 Hagg. Ad. 424. (h) The Westminster, 1 W. Rob. 231. SALVAGE. 381 which were in flames (i) ; it has also been earned by assisting to extin- guish a fire on boaxd a ship {k). (3.) Though a salvage service be not long nor in itself very successful in the issue, yet if the salvors render all the assistance their means ■vvill allow, with risk and danger to themselves, they are entitled to salvage remuneration {I). In considering these cases, the primary object is the danger to the property salved, the secondary object the risk to the salvors (m). Danger to life incurred by salvors increases the amount of their reward (n), and all risk incurred by them, en- titles them to a higher remuneration than they would Otherwise obtain ; but risk is not a necessary element in salvage (o). Thus, persons who communicate with a vessel in distress, and procure assist- ance for her, are considered salvors (p) ; and in an American case, where the master, owner, and most of the crew left the vessel be- cause she was imbedded in a gorge of ice, and a passenger undertook to command her, he was held entitled to salvage, although the vessel was finally saved by the providential breaking up of the ice, and without any direct exertions on his part (q). If a disabled vessel is brought into a place of safety while a storm is impending, but before there has been any actual danger, the salvors will earn their reward although they ran no risk, if they can show that the vessel would have been exposed to the storm, and have been in danger, but for their assistance (?•). "Where the ship saved is derelict, it is usual for the Court to award more than in ordinary salvage cases («). (As to Derelict, see sec. 467, p.391(!;).) (4.) The value of the property saved is to be considered in award- ing the ptantum of salvage («) ; but there is no rule entitling salvors to any fixed proportion of this value (x) ; and the amount awarded, where the value is very great, must not be altogether out of propor- tion to the services actually rendered (i/) (see sec. 460, p. 384). The value of the property is to be estimated at the time when the vessel § 458. Danger to salvors. Risk of life. Procuring assistance and willing- ness to encounter risk. Value of property salved. When to be estimated. (i) The Tees, The Peniuchet, Lush. 505. {h) Tlie Rosalie, 1 Spinks, E. & A. 188 ; Harford v. Jones, 1 Ld. Eaym. 393 (Z) The Santifore, 1 Spinks, E, & A. 234. (to) The Travellers, 3 Hagg. Ad. 371 ; The London Merchant, 3 Hagg. Ad. 394. (m) The Ebenezer, 8 Jur. 386. (o) The Pericles, B. & L. 80. (p) The Ocean, 2 W. Eob. 91 ; The Carrier Pigeon, 4 Irish Jur. N. S. 99. (g) The Pontiac, 1 Newberi-y (Amer. Rep.), 130. See Jones on Sal- vage, 8. (r) Parsons on Shipping (ed. 1869) II. 205 ; The LocTcwoods, 9 Jur. 1017 ; The EmuloViS, 1 Sumner (Amer. Rep.), 216. (s) Jones on Salvage, 87. (t) TU Inca, 12 Moo. P. C. 189. («) TU Bailees, 1 Hagg. Ad. 246. {x) H.M.S. The Thetis, 3 Hagg. Ad. 48 ; The Salacia, 2 Hagg. Ad. 262. (y) CompagnieOenirale Transatlantique v. Owners of the Spray, dsc. ; The Amerique, L. K. 6 P. C. 468, in which case the Privy Council reduced the amount awarded in the Admiralty Court by two-thirds. 382 SALVAGE IN THE UNITED KINGDOM. 458, 459. is first brought into port [z) ; all necessary expenses, and the usual allowances in respect of cargo and freight being deducted from the gross value {a). Length of (^)- When salvage services have occupied some time in being per- services. formed, and the vessel that renders them has been damaged, the Court will allow a reasonable compensation to such vessel for its loss of time and for repairs, over and above what is given specially as salvage {b) (see sec. 498, p. 413). Success of (g_) i mere attempt to save a vessel and cargo, however meritorious eitorts. ^.jjg^^ attempt may be, or whatever degree of risk or danger may have been incurred, if unsuccessful, can never furnish any title to salvage (c). But where a vessel is finally saved, those who meritoriously contribute to that result are entitled to a share in the reward, although the part they took, staiiding by itself, would not have produced it (d). Salvors If , however, the salvors are specially engaged by a vessel, and perform specially their engagement as far as possible, they will become entitled to sal- engaged, vage (e) (as to agreements with salvors, see sec. 460, p. 385). Collisions, When two vessels come into collision, they are bound to assist each other if necessary (/), and if the vessel in fault assists the other, she will be entitled to no salvage either from the injured vessel or her cargo (17). (As to towage, see sec. 460, p. 385.) Salvage for 459. Salyage in respect of the preservation of the life or life may be , . „ i 1 • j. 1 i • paid by Board "-^^^ °i ^W person or persons belongmg to any such snip or of Trade out boat as aforesaid shall be payable by the owners of the ship or of Mercantile 1 , ■ • -i. j. n i.i i ■ i? i j • Marine Fund. "^^^ ^^ priority to all other claims for salvage ; and m cases where such ship or boat is destroyed, or where the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage due in respect of any life or lives, the Board of Trade may in its discretion award to the salvors of such life or lives out of the Mercantile Marine Fund such sum or sums as it deems fit, in whole or part satisfaction of any amount of salvage so left unpaid in respect of such life or lives. In this section the words " the lives of the persons belonging to such ship or boat " include passengers who may be on board (7i.). The inten- (z) Jones on Salvage, 90 ; The Loodiwnah, Pritchard's Admiralty Digest (2iid ed.), II. 793 ; The Stdla, L. E. 1 A. & E. 340. {a) The Peace, Swa. 115 ; The Paul, L. K. 1 A. & E. 57 ; Tlie Watt, 2 W. Kob. 71. (5) The Spirit of the Age, Swa. 286 ; The Saratoga, Lush. 318. (c) The Zephyrus, 1 W. Bob. 330. (d) The Atlas, Lush. (P. C.) 527 ; The Heiwy Ewbanh, 1 Sumner (Amer. Kep.), 421. (e) Th£ Undaunted, Lush. 90. (/) See 36 & 37 Vict. c. 85, s. 16, under s. 300, p. 280. \g) Owrgo ex OwpeUa, L. E. 1 A. & E, 356 ; The Olengaber, 1 Asp. Mar. Law Cas. 401. (7i) Tlie FusUier, 34 L. J. (Ad.) 25. DISPUTES AS TO SALVAGE. 883 tion of the section is to provide for the contingency of life saved and c c property lost, as before this enactment no reward could be given for the ^kq a.f>n saving of life alone (i). When both life and property are saved, the ^Oo; 4bU . ship and cargo contribute according to their rateable values, but the cargo may be made to contribute when life alone has been saved (A). Disputes as to Salvage. 460. Disputes with respect to salvage arisiag within the Disputes as to bonndaries of the Cinque Ports shall be determined in the telettled".^^ manner in which the same have hitherto been determined ; but whenever any dispute arises elsewhere in the United Kingdom between the owners of any such ship, boat, cargo, apparel, or wreck, as aforesaid, and the salvors, as to the amount of salvage, and the parties to the dispute cannot agree as to the settlement thereof by arbitration or otherwise. Then if the sum claimed does not exceed 2001., If sum Such dispute shall be referred to the arbitration of any two ^o'^t^xoe^r^ justices of the peace resident as follows ; (that is to 200?. say,) In case of wreck, resident at or near the place where such wreck is found : In case of services rendered to any ship or boat, or to the persons, cargo, or apparel belonging thereto, resident at or near the place where such ship or boat is lying, or at or near the first port or place in the United Kingdom into which such ship or boat is brought after the occurrence of the accident by reason whereof the claim to salvage arises : But if the sum claimed exceeds 200?., I| ?°m Such dispute may, with the consent of the parties, be referred ^^^^ ^ooi. to the arbitration of such justices as aforesaid, but if they do not consent shall in England be decided by the High Court of Admiralty of England, in Ireland by the High Court of Admiralty of Ireland, and in Scotland by the Court of Session ; subject to this proviso, that if the claimants in such dispute do not recover in such Court of Admiralty or Court of Session a greater sum than 200?., they shall not, unless the court certifies that the case is a fit one to be tried in a superior court. fi) The Coromandel, Swa. 207. (h) The FusUier, 34 L. J. (Ad.) 25 ; The Bartley, Swa. 199, ;i84. DISPUTES AS TO SALVAGE. § 460. Receiver may appoint a valuer in salvage caser.- reward for courage and enterprise. No similar reward on land. No fixed rule as to amount. Life salvage. Loss of proiit. recover any costs, charges, or expenses incurred by them in the prosecution of their claim : And every dispute with respect to salvage may be heard and adjudicated upon on the application either of the salvor or of the owner of the property salved, or of their respective agents. The " sum claimed " here means a claim made before any legal pro- ceedings have been commenced (_l). 25 & 26 Vict. c. 63, s. 50. — "Whenever any salvage question arises the receiver of wreck for the district may, upon applica- tion from either of the parties, appoint a valuer to value the property in respect of which the salvage claim is made, and shall, when the valuation has been returned to him, give a copy of the valuation to both parties ; and any copy of such valua- tion, purporting to be signed by the valuer, and to be attested by the receiver, shall be received in evidence in any subsequent proceeding ; and there shall be paid in respect of such valua- tion, by the party applying for the same, such fee as the Board of Trade may direct. Amount of Salvage. Salvage is not a mere payment for work and labour. It is an addi- tional rewajd for enterprise, skill, and courage ; it is given to develop and encourage those qualities, and thus to assist and protect maritime commerce. No similar reward is given for the rescue of property on land. There is no fixed rule as to what sum of money shall be awarded, but the Court has an entire discretion to give what sum it thinks proper under the circumstances of each case (m). Besides, it is hardly possible to make a precedent of any one case in deciding another, when the ques- tion is one merely of money compensation, so infinitely various are the shades of difference in the details of each case («). In cases of derelict, the old rule used to be that half the value of the ship should be given, but this has now been declared obsolete, though still sometimes followed (fl). The saving of life entitles the salvor to a higher reward than if he had only saved property (p), especially if the vessel in danger is one carrying passengers (q). If the salvor's vessel is, at the time of rendering the assistance, en- gaged in some lucrative employment, the loss the owner may have sus- tained is an essential ingredient in estimating the reward, but the vessel (I) The Wiiliam and John, Br. & L. 49 ; 1 Mar. Law Gas. 311. (m) H.M.S. The Thetis,S Bagg. Ad. 62 ; The Adventure, 8 Cranch{Amer. Rep.), 221 ; Bondr. Brig Cora, 2 Wash. C. C. (Amer. Kep.) 80. (ji) The Gennessee, Pritehard's Digest (2nd ed.), II. 829, and for instances of salvage awards, see ii). II. 839. (o) TheAquUa, 1 G. Rob. 42; The Ratche, L. R. 4 A. & E. 127. (p) The Thomas Fielden, 32 L. J. Ad. 61 ; The EmUem, Daveis (Araer. Rep.) 61. Iq) The Ardmcwple, 3 Hagg. 161 ; The London MercJmnt, ib. 394 ; Cargo ex Woornng, 33 L. T. N. S. 394 ; 3 Asp. Mar. Law Cas. 50. DISPUTES AS TO SALVAGE. 885 § 460. All circum- stances con- sidered. Salvors may agi-ee for their reward. Agreement must be fair and clearly- understood. State of vessel properly represented. Eisk and labour only to be considered. Fraud renders void the agreement. must be actually engaged in the employment at the time {r). In short, in awarding the amount, the Court will consider all the ingredients of the service, and give compensation accordingly (see sec. 458, p. 379). Agreement as to Amotint. Salvors are allowed to make an agreement with the master of the ship in distress, as to what sum shall be paid them for their services, and they are then bound as in all other cases of contract. There should, however, be a clear understanding of the nature of the agreement, that it is made with fairness and impartiality to all concerned, and that the parties to it are competent to form a judgment as to the obligations to which they are binding themselves (s). The condition of the vessel salved must be properly represented to the salvors at the time when the agreement is made, and if there has been any concealment, whether intentional or not, of facts that ought to have been known to the salvors, the agree- ment will not be upheld (i). In fixing the amount for their services, the salvors are only to look to the labour and danger they will probably undergo, and are not to speculate on the value of the cargo ; a misrepre- sentation of the value will not invalidate the agreement (?i), nor will subsequent unexpected bad weather entitle them to any extra remunera- tion (x). Fraud will, of course, vitiate the whole agreement, and the Admiralty Court will not allow a salvor to take advantage of his situation, and drive a hard bargain, by availing himself of the calamities of others (y). Salvage and Towage hy Steamers. The Courts are disposed to reward steamers very liberally for salvage Steamers services, on account of the great facilities they possess for assisting liberally vessels, and because of the cost entailed in fitting them out {z) ; and this rewarded, is peculiarly the case when the steamer is specially built for and devoted to salvage services (a). Every act of assistance given by a steamer to another vessel is not Towage, necessarily a salvage service. Steamers are frequently employed to tow other vessels, and if the vessel towed have received no injury or damage, and is in no danger, mere towage is payable, the amount of which is gen- erally agreed upon, or is fixed by some local scale (J). Circumstances (r) The Louisa, 3 W. Eob. 99. (s) The True Blue, 2 W. Bob. 176 ; The Theodore, Swa. 351 ; The West- minster, 1 W. Roh. 229 ; The Waverley, L. R. 3 A. & E. 369 ; The James Armstrong, 33 L. T. N. S. 390 ; L. R. 4 A. & E. 380 ; and see Wilhams & Bruce, Admiralty Practice (ed. 1868), 129. (t) The Canova, h, R. 1 A. & E. 56. (u) Jones on Salvage, 95 ; The Henry, 15 Jur. 183. (a;) The Jonge Andries, Swa. 226, 303 ; The Waverley, 1 Asp. Mar. Law Cas 47 (y) The Oeneroits, L. R. 2 A. & E. 57; The Orus V., Lush. 683 ; The Westminster, 1 W. Eob. 235 ; The J. G. Paint, 1 Benedict (Amer. Rep. ), 545. (z) The Kingaloch, 1 Spinks, E. & A. 267 ; The Bailees, 1 Hagg. Ad. 246 ; The London Merchant, 3 Hagg. Ad. 401. (a) The Maryanne, 9 (Irish) Jur. N. S. 60 ; Virden v. Srig Caroline, U S. C. C, Delaware, 1857 ; 6 Amer. Law Reg. 222. (J) The Reward, 1 W. Rob. 174 ; Tlie Strathnaver, 1 App. Cas. 65. c c 386 DISPUTES AS TO SALVAGE. § 460. Towage may tecome salvage, and is not a war- ranty, to tow to destina- tion. Obligation ended if rendered im- possible by a yis major, but not by difficulties. Towage super- seded by salvage. "When danger arises from fault of tug. Cannot profit by her own wrong. Great risk of fraud. Concealment of material facts. may arise to convert a towage into a salvage service (o), " When a steamboat," said Lord Kingsdown ((Z), "engages to tow a vessel for a certain remuneration from one point to another, she does not warrant that she will be able to do so, and will do so under all circumstances, and at all hazards ; but she does engage that she will use her best en- deavours for that purpose, and will bring to the task competent skill, and such a crew, tackle, and equipments as are reasonably to be expected in a vessel of her class. She may be prevented from fulfilling her contract by a vis ma^or^ by accidents which were not contemplated, and which may render the fulfilment of her contract impossible, and in such a case, by the general rule of law, she is relieved from her obligations. But she does not become relieved from her obligations because unforeseen difficulties occur in the completion of her task ; because the performance of her task is interrupted, or cannot be completed in the mode in which it was originally intended, as by the breaking of the ship's hawser. But if in the discharge of this task, by sudden violence of wind or waves, or other accidents, the ship in tow is placed in danger, and the towing vessel incurs risks, and performs duties which were not within the scope of her original engagement, she is entitled to additional remuneration for additional services if the ship be saved, and may claim as a salvor in- stead of being restricted to the sum stipulated to be paid for mere towage. In the cases on this subject, the towage contract is generally spoken of as superseded by the right to salvage." It is also laid down in the same case (c), that " If the danger from which the ship has been rescued is attributable to the fault of the tug ; if the tug, whether by wilful misconduct or by negligence, or by the want of that reasonable skill or equipments which are implied in the towage contract, has occa- sioned or materially contributed to the danger, we can have no hesita- tion in stating our opinion that she can have no claim to salvage. She can never be permitted to profit by her own wrong or default. ' When it is remembered how much in all cases — how entirely in many cases — a ship in tow is at the mercy of the tug, how easily with the knowledge which the crews of such boats usually have of the waters on which they ply, they may place a ship in their charge in great, real, or apparent peril ; how di^cult of detection such a crime must-be, and how, strong the temptation to commit it, their lordships are of opinion that such cases require to be watched with the closest attention, and not without some degree of jealousy." If, when the towage contract is made, there is any concealment, even though unintentional, of material facts, such as the damaged condition of the tow, &c., the Court will not enforce the agreement (/). Tlw Cinpie Ports and their Jnrisdietion. Section 460 does not affect salvage disputes in the Cinque Ports {g). These are still regulated by 1 & 2 Geo. 4, c. 76. By sec. 1 of that Act, (c) The Isabella, 3 Hagg. Ad. 428 ; The Princess Alice, 3 W. Hob. 140 ; The Rebecca Clyde, 5 Benedict (Amer. Rep.) 98. {d) The Minehaha, Lush. (P. C.) 347. (.c) The Mmehaha, Lush. (P. G.) 348. (/) The Camva, L. E. 1 A, & E. 56 ; The KingalocTc, 1 Spinks, A. & E. 265 ; The Jonge Andnes, Swa. 226, 303. (ff) The Maria Imsa, Swa. 67. THE CINQUE PORTS. 387 The Lord Wai'den for the time being may nominate and appoint by an instrument or instruments under his hand and seal, three or more substantial persons in each of the Cinque Ports, two ancient towns, and their members, to adjust and determine any difference relative to sal- vage," of cables and anchors. " And the same , shall be determined by any three or more of the said persons so to be appointed as aforesaid within the space of twenty-four hours after such difference shall be referred to them for their determination thereof, any usage or custom to the contrary in anywise notwithstanding ; Provided always, that such commissioners shall immediately after their nomination proceed to elect some fit and proper person who shall be a notary or master extraordi- nary in Chancery, as their secretary or registrar, except to the port of Dover, where the registrar for the time being of the Court of Admi- ralty of the Cinque Ports shall be the registrar ; and which secretary or registrai shall enter in a book to be kept for that purpose all the pro- ceedings of such commissioners, and also a copy of the awards which they shaU from time to time make ; but such election of secretaries or registrars shall be subject to the approbation of the Lord Warden for the time being." By section 2, these commissioners may " decide on all claims and de- mands, whatever, which shall be made by pilots, hovellers, boatmen, and other persons for services of any sort or description, rendered to any ship or vessel ; " " or for saving and preserving any goods or merchan- dise, wrecked, stranded, or cast away from any ship, the master or owners thereof, or their agents, being present at the place where the commissioners shall be sitting." Within the jurisdiction of the Cinque Ports " the said commissioners shaU have full power and authority to hear and determine on all cases whatever of services rendered by pilots, boatmen, and others to shipping within the jurisdiction aforesaid, whether such ships or vessels shall be in distress or not ; " " they may examine the parties or their witnesses upon their oaths, which oaths shall and may be administered by the said secretary or registrar." By section 3, the commissioners are to be paid by the owners. Sec, for their trouble, such fees as shall be adjudged to them in that behalf by the Lord Warden for the time being. No commissioner shall have power to act in any other port or place than that in which he is resident, or from which his usual place of residence is not distant more than one mile. They are also required to take an oath before acting in any case. By section i, parties who are dissatisfied may appeal to the High Court of Admiralty, or to the Admiralty Court of the Cinque Ports, by declaiing to the commissioners within eight days after their award is made, and not afterwards, their wish to appeal, and they shall pro- ceed within twenty days from the date of the award, by taking out a monition against the adverse party. The ship is to be liberated on bail being given in double the amount of the award. By section 5, the appeal is to be conclusive. Section 18, " The boundaries of the jurisdiction of the Lord Warden of the Cinque Ports in regard to any matter or thing contained in this Act, shall be and shall be deemed and taken to be as follows ; (that is to say,) from a point to the westward of Seaford in the county of Sussex, called Red Cliff, including the same ; thence passing in a line one mile without the sand or shoal called the House of Willingdon, and continuing the same distance without the ridge and new shoals : and thence in a c c 2 § 460. Lord Warden to appoint commissioners to determine disputes. Commis- sioners to appoint a secretary. Commis- sioners may determine all claims by pilots, &c., within their jurisdiction. Commis- sioners to be paid certain fees, and only to act for their own place. Appeal to Admiralty Court of Cinque Ports. Boimdaries of the Cinque Ports. 388 DISPUTES AS TO SALVAGE. 460, 461. Manner in which justices may decide disputes. Extension and amend- ment of sum- mary juris- diction in small salvage cases. When pro- perty saved is worth less than lOOOZ. "Wherever salvage is rendered. line within five miles of Cape Grisney on the coast of France ; thence round the shoal called the overfalls, two miles distant from the same ; thence in a line without and the same distance along the eastern side of the Galloper sand, until the north end thereof bears west-north-west true bearing from the west-north-west bearing of the Galloper, it runs in a direct line across the shoal called the Thwart Middle, till it reaches the shore underneath the Maze Tower ; from thence following in a line of the shore up to St. Orsyth in the county of Essex, and following the course of the shore up to the Eiver Coin to the landing place nearest Brightlingsea ; from thence in a direct line to Shoe Bacon ; from thence to the point of SheUness on the Isle of Shippey ; and from thence across the waters to Faversham ; and from thence, following the line of coast round the North and South Forelands, and Beachy Head, till it reaches the said Bed Cliff, including all the waters and havens com- prehended between them." This description is not to enlarge or abridge the local limits of the ancient jurisdiction, but is to be applicable to the purposes of this Act only 461. Whenever in pursuance of this Act any dispute as to salyage is referred to the arbitration of two justices they may either themselves determine the same, with power to call to their assistance any person conversant with maritime affairs as assessor, or they may, if a difference of opinion arises between them, or without such difference, if they think fit, appoint some person conversant with maritime affairs as umpire to decide the point in dispute ; and such justices or their umpire shall make an award as to the amount of salvage payable within the following times ; that is to say, the said justices within forty-eight hours after such dispute has been referred to them, and the said umpire within forty-eight hours after his appointment, with power nevertheless fpr such justices or umpire, by writing under their or his hands or hand, to extend the time within which they and he are hereby respect- ively directed to make their or his award. 25 & 26 Vict. c. 63, s. 49. — The provisions contained in the Eighth Part of the principal Act for giving summary jurisdic- tion to two justices in salvage cases, and for preventing unnecessary appeals and Utigation in such cases, shall be amended as follows ; (that is to say,) (1.) Such provisions shall extend to all cases in which the value of the property saved does not exceed one thousand pounds, as well as to the cases provided for by the principal Act : (2.) Such • provisions shall be held to apply whether the salvage service has been rendered within the limits of the United Kingdom or not : DISPUTES AS TO SALVAGE. 389 (3.) It shall be lawful for one of Her Majesty's Principal § § Secretaries of State, or in Ireland for the Lord Lieu- 46l_463. tenant or other chief goTernor or governors, to appoint -' outof the justices for any borough or county a rota Rota of of justices by whom jurisdiction in salvage cases shall justices. be exercised : (4.) When no such rota is appointed it shall be lawful for the salvors, by writing addressed to the justice's clerk, to name one justice, and for the owner of the property saved in like manner to name the other : (5.) If either party fails to name a justice within a reason- When no able time the case may be tried by two or more justices ^"^'^^^/^ at petty sessions : (6.) It shall be competent for any stipendiary magistrate, Stipendiary and also in England for any county court judge, in ™u^tf court Scotland for the sheriff or sheriff substitute of any ju^ge, &;o., to county, and in Ireland for the recorder of any borough have same in which there is a recorder, or for the chairman of j^irisdiction. quarter sessions in any county, to exercise the same jurisdiction in salvage cases as is given to two justices : (7.) It shall be lawful for one of Her Majesty's Principal Scale of costs. Secretaries of State to determine a scale of costs to be awarded in salvage cases by any such justices or court as aforesaid : (8.) All the provisions of the principal Act relating to Summary summary proceedings in salvage cases and to the pre- salvage pro- vention of unnecessary appeals in such cases shall, except so far as the same are altered by this Act, extend and apply to all such proceedings, whether under the principal Act or this Act, or both of such Acts. 462. There shall be paid to every assessor and umpire who Costs of arbi- may be so appointed as aforesaid in respect of his services such sum not exceeding 51., as the Board of Trade may from time to time direct ; and all the costs of such arbitration, including any such payments as aforesaid, shall be paid by the parties to the dispute, in such manner and in such shares and proportions as the said justices or as the said umpire may direct by their or his award. 463. The said justices or their umpire may caU for the pro- Justices may duction of any documents in the possession or power of either ^^J^' ^°™' party, which they or he may think necessary for determining administer the question in dispute, and may examine the parties or their °^'^^^- 390 DISPUTES AS TO SALVAGE. §§ 463-466, Appeal to courts of Admiralty. Sum in dispute. Appeals as to amount discouraged. Justices to transmit copy of proceedings and certificate of value to Court of Appeal. Payment ot salvage, to wliom to be made in case of dispute as to apportion- ment. witnesses on oath, and administer the oaths necessary for that purpose. 464. If any person is aggrieved by the award made by such justices or such umpire as aforesaid, he may in England appeal to the High Court of Admu-alty of England, in Ireland to the High Court of Admiralty of Ireland, and in Scotland to the Court of Session ; but no such appeal shall be allowed unless the sum in dispute exceeds 50Z., nor unless within ten days after the date of the award the appellant gives notice to the justices to whom the matter was referred of his intention to appeal, nor unless the appellant proceeds to take out a monition, or to take such other proceeding as according to the practice of the court of appeal, is necessary for the institution of an appeal, within twenty days from the date of the award. The words " sum in dispute " must not be limited to the sum awarded by the justices (7t) ; they refer to any specific sum that has in fact been demanded and refused as a remuneration for seivices rendered (i). Appeals from justices are greatly discouraged by the Court, when the appeal is merely as to the amount awarded. To be successful, the appellant must show that the justices have grossly miscarried in their decision {K). 465. "Whenever any appeal is made in manner herein-before provided the justices shaU transmit to the proper officer of the Court of Appeal, a copy on unstamped paper certified under their hands to be a true copy of the proceedings had before such justices or their umipire, if any, and of the award so made by them or him, accompanied with their or his certificate in writing of the gross value of the article respecting which salvage is claimed ; and such copy and certificate shall be admitted in the Court of Appeal as evidence in the cause. 466. Whenever the aggregate amount of salvage payable in respect of salvage services rendered in the United Kingdom has been finally ascertained either by agreement or by the award of such justices or their umpire, but a dispute arises as to the apportionment thereof amongst several claimants, then, if the amount does not exceed 20QI. it shall be lawful for the party liable to pay the amount so due to apply to the receiver of the (k) The AThdrew Wilson, 1 Mar. Law Cas. 337. (i) The Mary Ann, 2 Mar. Law Cas. 191. (4) 37ie Ci&a, Lush. 14; T'^ Hwrriett, Swa. App. Cas. 60. 219 ; The Strathnaver, 1 APPORTIONMENT OF SALVAGE. 391 district for liberty to pay the amount so ascertained to him ; § § and he shall, if he thinks fit, receive the same accordingly, and 466,: 467. grant a certificate under his hand, stating the fact of such pay- ment and the services in respect of -which it is made ; and such certificate shall be a full discharge and indemnity to the person or persons to whom it is given, and to their ship, boats, cargo, apparel, and effects, against the claims of all persons whomso- ever in respect of the seryices therein mentioned ; but if the amount exceeds 200i.,it shall be apportioned in manner herein- after mentioned. ■ Apportionment of Salvage. As to apportionment when the amount exceeds 200Z. , or when the service is rendered abroad, and as to the proportions received by indi- viduals, see sec. 498, p. 413. 467. Upon the receipt of any such amount as aforesaid, the Apportion- receiver shall with all convenient speed proceed to distribute ^iy*„g the same among the several persons entitled thereto, upon such evidence and in such shares and proportions as he thinks fit, with power to retain any monies that may appear to him to be payable to any absent parties ; but any distribution made in pursuance of this section shall be final and conclusive against the rights of all persons claiming to be entitled to any portion of the monies so distributed. When, tlicre cure different sets of Salvors. When persons who have set about rescuing a ship, are unable to com- Incomplete plete their work by bringing her to her own port, or to some place of service, safety, they do not thereby forfeit all claim to salvage. If a second set of salvors comes to their assistance, the amount awarded will be divided between the two sets, according to the merits of their respective ser- vices (I) ; and second salvors cannot lawfully make it a condition of giving assistance that the original salvors shall abandon all claim to any reward (m). If the first set have quitted the ship without the intention If first set of returning, and the second set complete her rescue, the first set will quit the ship, still be entitled to salvage, if what they did facilitated or diminished the labours of the second set («). In ordinary cases of distress, and as long as the master remains on Master to board, it is his province to determine what salvage services shall be determine rendered, and he may accept or refuse any ofEers of assistance as he vvhat services shall be given. {1} The Watt, 2 "W. Bob. 70 ; The Champion, Br. & L. 71. (to) The Henry EwboMk, 1 Sumner (Amer. Kep.), 400. (m) Parsons on Shipping (ed. 1869), II. 281 ; The AUas, Lush. 518 ; The Underwriter, 4 Blatch. (Amer. Hep.) 94. S92 APPORTIONMENT OF SALVAGE. §467. Derelict. Meaning of derelict. thinks proper (o). But when a vessel has become a legal derelict, dis- putes frequently arise between different sets of salvors. If persons who have taken possession of a derelict are wrongfully dispossessed of her by any other persons, the whole reward goes to the first salvors (p) ; and if the second set have intruded their services without any sufficient reason, the first set alone will reap the benefit of such services (j'). A vessel becomes a legal dereUct when she is abandoned by her master and crew, sine spe recwperandi (?■). The mere leaving a vessel if the crew intend to return, will not make her a legal derelict (s). The intention is the important point, and there is a wide difference between vessels abandoned in the open sea, and those left near a coast {t). It has been held that a barge drifting about in the Thames with no one on board, is not derelict (?«). When the amount pay- able is less than 200Z. Principles of apportion- ment. INSTRUCTIONS FROM THE BOARD OF TRADE To THE RBCBIVEES OF ADMIEALTT DROITS CONCEENING THE Apportionment of Salvage. In all cases in which the aggregate amount payable for salvage has been settled either by agreement or by legal decision, and does not exceed 200Z., the person who is to pay it may, for the purpose of avoiding further litigation or difficulty, apply to the receiver to receive it and dis tribute it amongst the several claimants. The receiver will thereupon so receive and distribute it, unless there are any special circumstances, such, for instance, as a claim for salvage on his own account, or extra- ordinary questions of doubt or difficulty, which render it impossible for him to do so. In all cases in which he refuses to act, he will at once report the case and his reasons for refusing to the Board of Trade. Dpon receiving the money he will grant a certificate in the form marked (Wr. 7.) in the appendix, and proceed to apportion the amount among the salvors, In doing this he will avail himself of the assistance of the coast guard officer (if any) who has been present. A copy of the certifi- cate shall be kept by the receiver. Upon payment a receipt must be taken from the various parties in form (Wr. 8.) in the appendix. The principles which regulate the apportionment of a salvage reward amongst the parties entitled thereto are in most cases comparatively simple. The cases which will fall within the cognisance of receivers, will generally be found to belong to one or other of the following classes. Where the salvage services have been rendered : (a.) By revenue cruisers or coast guard men. (J.) By smacksmen, boatmen, or fishermen. (e.) By landsmen or beachmen. (d.) By the master and crew of some vessel. (o) Jones on Salvage, 55 ; The Dantzic Packet, 3 Hagg. Ad. 383 ; TJie Glasgow Packet, 2 W. Kob. 306. (p) The BlendmhaU, 1 Dods. Ad. 414. (g) Ih. ; Parsons on Shipping (ed. 1869), 11. 282 ; The FUece, 3 W. Rob. 278 ; The Diama, 2 Asp. Mar. Law Cas. 367. (r) The Inca, 12 Moo. P. C. 189 ; Swa. 370 ; The AquUa, 1 C. Bob. 40. (s) The Swrah Bell, i Notes of Cases, 146 ; The CUrisse, Swa. 130. (t) The Florence, 16 Jiu:. 572 ; The Fenix, Swa. 13 ; The Cosmopolitan, 6 Notes of Cases, Supp. xxvi. Irish. (a) The Zeta, 33 L. T. N. S. 477 ; L. R. 4 A. & E. 460. APPORTIONMENT OF SALVAGE. 393 (a.) As regards the first class of salvors, the revenue cruisers and coast guard men, rules have been laid down for the distribution of rewards of all kinds amongst the ofiioers and men engaged ; and the receivers should therefore pay over the whole amouiit due to the officers and men to the inspecting commander of the district, who will distribute the same under the authority of the comptroller general of the coast guard. A special report should be made by the inspecting commander in cases where special skill or enterprise has been shown, or special risk incm'red by any individual, in order that directions may be issued, if necessary, for giving a special reward. (J.) With regard to the second class of salvors, the smaoksmen, boat- men, and fishermen, it will generally be found that there is a scale of distribution recognised and agreed upon amongst them ; the smack or boat has JC certain number of shares, and the remainder belong to the master and crew in certain agreed proportions. Where such a scale exists, it should be strictly adhered to in making an appor- tionment of salvage, unless indeed any one or more of the men have shown great skill and enterprise, or incurred greater risk than the others, when an exception may sometimes be made in their favour. Where, however, salvage has been awarded to the crew of a smack or boat, amongst whom there is no such agreed scale of distribution, the receivers will do well in making the apportionment to follow the scale of distribution generally adopted amongst the smacksmen and boatmen in the neighbourhood ; as such agreements are generally found to be based upon principles of justice and equity, and are such as best conduce to the interests of the community by whom they have been adopted. Where a cargo of fish has been spoiled or injured in rendering the salvage service, care should be taken in making the apportionment, to ascertain upon whom the loss will fall, and a corresponding allowance should be made to them. (c.) With regard to the third kind of salvors, beachmen and lands- men, it will generally be proper to divide the salvage equally amongst them all. They will, probably, in most instances, be found to belong to the same class in life, to have incurred the same risk and the same amount of labour, and to have shown the same skill in the performance of the services. Should any of them have, however, greatly distinguished themselves, it will be proper to give them a larger proportion of the salvage award. {d.) The fourth class of cases, where the salvage services have been rendered by a vessel and her master and crew, will be found by the re- ceivers to be the most difficult, as the apportionment must depend upon a consideration of the whole circumstances of the case, and whether the preservation of the property is due principally to the services of the salving vessel herself, or to the personal exertions and risk incuixed by the master or the crew. As a general rule, it may be stated that where the services have been chiefly performed by the vessel herself, as in the case of a derelict, where the property has been towed into a, place of safety, one-half of the salvage reward is given to the owners of the salving vessel, from one-fourth to one-eighth to the master, and the re- mainder amongst the crew in proportion to their wages. This is the scale of distribution usually adopted where the salvage services have been performed by steamers, and where it may generally be said that success is due chiefly to the power and construction of the vessel herself. §467. Revenue cruisers or coast guard men. Smacksmen, boatmen, or fishermen. Cargoes of fish. Landsmen or beachmen. Master and crew of a vessel. 394 APPORTIONMENT OF SALVAGE. §§ 467, 468. Apprentices. Where, however, the principal part of the services have not been ren- dered by the vessel, and where the vessel has not been exposed to any risk or danger, but where the preservation of the property is due in great measure to the personal exertions of the master and crew, then a much smaller portion of the salvage is awarded to the owners of the vessel. It is, however, a question of appreciation, dependent entirely upon the circumstances of each particular case, and in regard to which no positive general rule can be laid down. The greater the risk to the master and crew and the less the risk to the vessel, the greater must be the proportion awarded to the actual salvors, and the less to the owners of the salving vessel. Finally. — It should be observed that apprentices are entitled to share in an allotment of, salvage ; and that the master or the owners of the vessel cannot claim the shares which may fall due to their apprentices ; and also, that if a contract giving up or making over any claim to sal- vage to any person whatever is made by any seaman or apprentice prior to the accruing of such claim, such contract is absolutely void, as being against equity, public policy, and positive enactment. (See s. 23.S, p. .206.) Manner of enforcing payment of salvage. Ship detained. Wreck de- tained. 468. Whenever any salvage is due to any person under this Act, the receiver shall act as follows ; (that is to say,) (1.) If the same is due in respect of services rendered in assisting any ship or boat, or in saving the lives of persons belonging to the same, or the cargo or apparel thereof, He shall detain such ship or boat, and the cargo and apparel belonging thereto, until payment is made or process has been issued by some competent court for the detention of such ship, boat, cargo, or apparel ; (2.) If the same is due in respect of the saving of any wreck, and such wreck is not sold as unclaimed in pursuance of the provisions hereinafter contaiued. He shall detain such wreck until payment is made or process has been issued in manner aforesaid : But it shall be lawfal for the receiver, if at any time pre- viously to the issue of such process security is given to his satisfaction for the amount of salvage due, to release from his custody any ship, boat, cargo, apparel, or wreck so detained by him as aforesaid ; and in cases where the claim for salvage exceeds two hundred pounds it shall be lawful in England for the High Court of Admiralty of England, in Ireland for the High Court of Admiralty of Ireland, and in Scotland for the Court of Session, to determine any question that may arise APPORTIONMENT OF SALVAGE. 395 concerning the amount of the security to be given or the suffi- | § ciency of the sureties ; and in all cases where bond or other 468, 469. security is given to the receiver for an amount exceeding two hundred pounds it shall be lawful for the salvor or for the owner of the property salved, or their respective agents, to institute proceedings in such last-mentioned courts for the purpose of having the questions arismg between them adjudicated upon, and the said courts may enforce payment of the said bond or other security in the same manner as if bail had been given in the said court. When a receiver has giyen a release of any property, the salvors can no longer detain it, or institute proceedings in rem (x). 25 & 26 Vict. c. 63, s. 51.— The words " Court of Session " Jurisdiction in the four hundred and sixty-eighth section of the principal'»°f court of Act shall be deemed to mean and include either division of the salTagr cases Court of Session or the Lord Ordinary officiating on the bills during vacation. 469. Whenever any ship, boat, cargo, apparel, or wreck, is Power of detained by any receiver for nonpayment of any sums so due as sell property aforesaid, and the parties liable to pay the same are aware of salved in such detention, then, in the following cases, that is to say, payment. (1.) In cases where the amount is not disputed, and payment thereof is not made within twenty days after the same has become due ; (2.) In cases where the amount is disputed, but no appeal When no lies from the first tribunal to which the dispute is referred, and payment thereof is not made within twenty days after the decision of such first tribunal ; No appeal lies when the sum in dispute is less than 50Z., or when cer- tain formalities have not been complied with (see sec. 464, p. 390, and see the same section as to what is the meaning of " sum in dispute"). (3.) In cases where the amount is disputed, and an appeal When an lies from the decision of the first tribunal to some other ^^^^ °^^ tribunal, and payment thereof is not made within such twenty days as last aforesaid, or such monition as here- inbefore mentioned is not taken out within such twenty days, or such other proceedings as are according to the (x) The Lady CatJierine Barham, 1 Mar. Law Cas. 184. 396 UNCLAIMED WRECK IN THE UNITED KINGDOM. 469-471. Subject to payment of expenses, fees, and salvage, owner entitled to wreck. practice of such other tribunal necessary for the prose^ cution of an appeal are not instituted ■within such twenty days ; The receiver may forthwith sell such ship, boat, cargo, apparel, or wreck, or a sufiB.cient part thereof, and out of the proceeds of the sale, after payment of all expenses thereof, defray all sums of money due in respect of expenses, fees, and salvage, paying the surplus, if any, to the owners of the property sold, or other the parties entitled to receive the same. 470. Subject to the payment of such expenses, fees, and salvage as aforesaid, the owner of any wreck who establishes his claim thereto to the satisfaction of the receiver within one year from the date at which such wreck has come into the pos- session of the receiver, shall be entitled to have the same 4^delivered up to him. If no owner appears, the wreck then belongs to the Crown (see sec. 475, p. 398), or to the lord of the manor (see sec. 454, p. 375;. Beceiver to deliver up possession of unclaimed wreck to lord of manor or other person entitled. Unclaimed Wreck in fhe United Kingdom. 471. In the event of no owner establishing a claim to wreck found in any place in the United Kingdom before the expiration of a year from the date at which the same has come into the possession of the receiver, then, if any such admiral, vice- admiral, lord of any manor, or other person as aforesaid has given notice to and has proved to the satisfaction of the receiver that he is entitled to wreck found at such plaxie, the receiver shall, upon payment of all expenses, fees, and salvage due in respect of such wreck, deliver up possession thereof to such admiral, vice-admiral, lord of the manor, or other person ; and in case of dispute as to the amount of the sums so payable, and also in case of default being made in payment thereof, such dis- pute shall be determined and payment enforced in the manner in which such amount and payment is hereby directed to be determined and enforced in cases where any owner establishes his claim to wreck. For grants to lords of manors see sec. 454, p. 375. Where An owner appears, disputes as to the amount of fees payable are to be determined by the Board of Trade, whose decision shall be final (see sec. 456, p. 378). A receiver has the same lien and the same remedies for expenses as a salvor (see sec. 455, p. 376, and sec. 497, p. 412). UNCLAIMED WEECK IN THE UNITED KINGDOM. 397 472. If any dispute arises between the receiver and any such g 8 admiral, vice-admiral, lord of any manor, or other person as afore- 473-474. said, as to the validity of his title to wreck, or if divers persons z". claim to be entitled to wreck found at the same place, the matter to wreck how in dispute may be decided by two justices in the same manner ^° ^^ decided, in which disputes as to salvage coming within the jurisdiction of justices are hereiubefore directed to be determined. {See sec. 461, p. 388.) 25 & 26 Vict. c. 63, s. 52. — Upon delivery of wreck or of the Delivery of proceeds of wreck by any receiver to any person in pursuance of wreck by the provisions of the Eighth Part of the Principal Act, such p^ejudkr receiver shall be discharged from all liability in respect thereof, title, but such delivery shall not be deemed to prejudice or affect any question concerning the right or title to the said wreck which may be raised by third parties, nor shall any such delivery pre- judice or affect any question concerning the title to the soil on which the wreck may have been found. 473. If any party to such dispute is unwilling to refer the Appeal from same to two justices, or, having so referred the same, is dis- decision of satisfied with their decision, he may within three months from ''"^ ^^^^' the expiration of such year as aforesaid, or from the date of such decision as aforesaid, as the case may be, take such proceedings as he may be advised in any court of law, equity, or admiralty, having jurisdiction in the matter, for establishing his title. 474. The Board of Trade shall have power, with the consent p^^g^ ^f ^j^g of the Treasury, out of the revenue arising under the Eighth Board of Part of this Act, for and on behalf of Her Majesty, her heirs tehaKof the and successors, to purchase all such rights to wreck as may be Crown to possessed by any person or body corporate, other than Her ^^^^^^11 Majesty ; and for the purpose of facilitating such purchases the wi-eok. provisions of the "Lands Clauses Consolidation Act, 1845," and the " Lands Clauses Consolidation (Scotland) Act, 1845," relating to the purchase of lands by agreement, shall be incor- porated with this Act ; and in the construction of this Act and the said incorporated Acts this Act shall be considered to be the " Special Act ; " and any such rights to wreck as aforesaid shall be considered as an interest in land authorised to be taken by the Special Act, and Her Majesty, her heirs and successors, shall be considered as the promoters of the undertaking. 398 UNCLAIMED WRECK IN THE UNITED KINGDOM. 8 The sections of the Lands Clauses Oonsolidation Act, 1845 (8 & 9 Vict. A^A Ai^K. ^' ■^^'' ^^''^ referred to, are sees. 6 to 15 inclusive. Those of the Lands 474, 475. Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict. c. 19), are sees. 6 to 16 inclusive. Unclaimed wreck to be sold. Crown rights to wreck. 475. If no owner establishes his claim to wreck found at any- place before the expiration of such period of a year as aforesaid, and if no admiral, vice-admiral, lord of any manor, or person other than Her Majesty, her heirs and successors, is proved to be entitled to such wreck, the receiver shall forthwith sell the same, and after payment of all expenses attending such sale, and deducting therefrom his fees, and all expenses (if any) in- curred by him, and paying to the salvors such amount of salvage as the Board of Trade may in each case or by any general rule determiae, pay the same into the re'ceipt of Her Majesty's Exchequer in such manner as the Treasury may direct, and the same shall be carried to and form part of the consolidated fand of the United Kingdom. In this section the mistake was made of permanently alienating one of the rights of the Crown in its office of Admiralty (see sec. 439, p. .?69). At the commencement of a new reign, if the Sovereign consents to give up the hereditary revenue of the Crown, an Act is passed conferring instead a fixed revenue from the Consolidated Fund. This mistake was rectified by the following enactment. 25 & 26 Vict. c. 63, s. 53. — Whereas by the Principal Act it is provided that the proceeds of wreck, if the same is not claimed by the owner within a year, and if no person other than Her Majesty, her heirs and successors, is proved to be entitled thereto, shall, subject to certain deductions, be paid into the receipt of Her Majesty's exchequer in such manner as tke Commissioners of the Treasury may direct, and that the same shall be carried to and form part of the Consolidated Fund of the United Kingdom : And whereas doubts have been entertained whether the said last-recited provision is consistent with the arrangements con- cerning the hereditary revenues of the Crown effected by the Act of the first year of Her present Majesty, chapter two : And whereas doubts have also been entertained whether due provision is made by the said Act for paying to the revenues of the Duchies of Lancaster and Cornwall respectively such of the said proceeds as may belong to those Duchies : It is hereby declared. That such of the said proceeds of wreck as belong to' Her Majesty in right of her crown shall, during the life of Her present Majesty (whom G-od long pre- serve), be carried to and form part of the Consolidated Fund JURISDICTION OF THE HIGH COURT OF ADMIRALTY. 399 of the United Kingdom, and shall after the decease of Her rr present Majesty (whom God long preserye) be payable and 475.477. paid to Her Majesty's heirs and successors : - And it is hereby further declared, That such of the said pro- ceeds of wreck as belong to Her Majesty in right of her Duchy of Lancaster shall be paid to- the Receiver-General of the said Duchy, or his sufiBcient deputy or deputies, as part of the revenues of the said Duchy, and be dealt with accordingly : And it is hereby further declared and enacted, that the provision in the Principal Act contained regarding the sale of unclaimed wreck to which no owner establishes his claim within the period of one year, and to which no adniiral, vice-admiral, lord of any manor, or person other than Her Majessty, her heirs and successors, is proved to be entitled, is intended and shall be construed to apply to wreck of the sea belonging to Her Majesty, her heirs and successors, in respect of the Duchy of Cornwall, or to the Duke of Cornwall for the time being in respect of his Duchy of Cornwall ; but that the proceeds of such wreck shall, subject to such deductions as are in the same Act mentioned, form part of the revenues of the Duchy of Cornwall, and be dealt with accordingly. Jurisdiction of the High Court of Admiralty. 476. Subject to the provisions of this Act, the High Court High Court of of Admiralty shall have jurisdiction to decide upon all claims -A^dmiralty • •' ■* , , may decide on whatsoever relatmg to salvage, whether the services m respect all salvage of which salvage is claimed were performed upon the high seas, °'^^^' whether . , . . . . on sea or or withm the body of any county, or partly m one place and land. partly in the other, and whether the wreck is found at sea or cast upon the land, or partly in the sea and partly on land. A juTisdiotion in certain Admiralty causes was conferred on the County Courts by the County Courts Admiralty Jurisdiction Acts, 1868, 1869 (see Part X., p. 451). The Admiralty Court being now merged in the High Court of Justice (Judicature Act, 1873, s. 16), it possesses a juris- diction equal to that of any other division of the High Court, and hence may entertain any causes except such as are specially assigned to other divisions (Judicature Act, 1873, s. 34). To avoid prolixity, the name " Admiralty Court " has been used throughout this work, instead of the correct appellation of " Probate, Divorce, and Admiralty Division of the High Court of Justice." Offences in respect of WrecJc. 477. Whenever any ship or boat is stranded or otherwise in In case of distress on or near the shore of any sea or tidal water in the yegg^^^gl^^*^ United Kingdom, and such ship or boat, or any part of the plundered by 400 OFFENCES IN RESPECT OF WRECK. 477, 478, a tumultuous the hundred to be liable for damages. 7 & 8 G. 4, c. 31. 3 & 4 W. 4, u. 37, n. 72. 1 G. 1, St. 2, c. 5. Penalty for plundering in cases of ship- wreck, for obstructing the saving of shipwrecked property, and for secreting the same. cargo or apparel thereof, is plundered, damaged, or destroyed by any persons riotously and tumultuously assembled together, whether on shore or afloat, fuU compensation shall be made to the owner of such ship, boat, cargo, or apparel, as foUows ; (that is to say,) In England by the inhabitants of the hundred, wapentake, ward, or district in the nature of a hundred, by whatever name denominated, in or nearest to which the said offence is committed, in manner provided by an Act of the eighth year of the reign of King George the Fourth, chapter thirty-one, in case of the destruction of churches and other buildings by a riotous assemblage, or as near thereto as circumstances permit : In Ireland by the inhabitants of the county, county of a city or town, barony, town or towns, parish or parishes, in or nearest to which such offence is committed, in manner provided by an Act of the fourth year of the reign of King WiQiam the Fourth, chapter thirty-seven, for the recovery of satisfaction and amends for the malicious demolition of or injury to churches, chapels, and other buildings used for religious worship, according to the usage of the United Church of England and Ireland, or as near thereto as circumstances permit : In Scotland by the inhabitants of the county, city, or borough in or nearest to which such offence is com- ipiitted, in manner provided by an Act of the first year of King George the First, statute two, chapter five, with respect to prosecutions for repairing the damages of any churches and other buildings, or as near thereto as circumstances permit. 478. Every person who does any of the following acts ; (that is to say,) (1.) Wrongfully carries away or removes any part of any ship or boat stranded or in danger of being stranded or otherwise in distress on or near the shore of any sea or tidal water, or any part of the cargo or apparel thereof, or any wreck ; or (2 ) Endeavours in any way to impede or hinder the saving of such ship, boat, cargo, apparel, or wreck ; or (3.) Secretes any wreck, or obliterates or defaces any marks thereon ; STEALING FROM SHIP IN DISTRESS. -tOl Shall, in addition to any other penalty or punishment he may | 473. be subject to under this or any other Act or law, for each such offence incur a penalty not exceeding 50Z. ; and every person not being a receiver or a person hereinbefore authorised to take the command in cases of ships being stranded or in distress, or not acting under the orders of such receiver or person, who, without the leave of the master, endeavours to board any such ship or boat as aforesaid, shall for each offence incur a penalty not exceeding 50Z. ; and it shall be lawful for the master of such ship or boat to repel by force any such person so attempt- ing to board the same. This section does not prevent any one offering his services to a vessel in distress. If the master is on board, it is his province to determine what services shall be accepted {y). I Somewhat similar provisions are enacted in the Larceny Act, 1861. 24 & 25 Vict. c. 96, s. 64— "Whosoever shall plunder or steal Stealing from any part of any ship or vessel which shall be in distress, or !^^^g™ '^'^' wrecked, stranded, or cast on shore, or any goods, merchandise, wrecked, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any terra not exceeding fourteen years and not less tlnanfive (s) years, or to be imprisoned for any term not exceeding two years with or without hard labour, and with or without soli- tary confinement ; and the offender may be indicted and tried either in the county or place in which the offence shall have been committed, or in any county or place next adjoining. 24 & 25 Vict. c. 96, s. 65. — If any goods, merchandise, or Persons in articles of any kind belonging to any ship or vessel in distress, possession of or wrecked, stranded, or cast on shore, shall be found in the LodTnot ^ possession of any person or on the premises of any person with giving a satis- his knowledge, and such person, being taken or summoned factory ac- ^Detbre a jiistice of the peace, shall not satisfy the justice that count. he came lawfully by the same, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof ; and the offender shall, on conviction of such offence before the justice, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six months, or else shall forfeit and pay, over and above the value of the goods, merchandise, or articles, such sum of money not exceeding twenty pounds as to the justice shall seem meet. (y) The Dantzic Packet, 3 Hagg. Ad. 383 ; and see s. 467, p. 391. (z) See under s. 479, p. 402. D D 402 PENALTY FOE SELLING WRECK. 478-480. If any person oifers ship- wrecked goods for sale, the goods may be seized, &o. Penalty for selling wreck in foreign ports. 24 & 25 Vict. c. 96, s. 66. — If any person shall offer or ex- pose, for sale any goods, merchandise, or articles whatsoever which shall have been unlawfally taken, or shall be reasonably suspected so to have been taken, from any ship or vessel in dis- tress, or wrecked, stranded, or cast on shore, in every such case any person to whom the same shall be offered for sale, or any ofl&cer of the customs or excise, or peace oflBcer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace ; and if the person who shall have offered or exposed the same for sale, being summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandise, or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same, and the offender shall, on conviction of such offence by the justice, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be im- prisoned only, or to be imprisoned and kept to hard labour for any term not exceediug six months, or else shall forfeit and pay over and above the value of the goods, merchandise, or articles, such sum of money not exceeding twenty pounds as to the justice shall seein meet. 479. If any person takes into any foreign port or place any ship or boat stranded, derelict, or otherwise in distress on or near the shore of the sea or of any tidal water- situate within the limits of the United Kingdom, or any part of the cargo or apparel thereof, or anything belonging thereto, or any wreck found within such limits as aforesaid, and there sell the same, he shall be guilty of felony, and be subject to penal servitude for a term not exceeding /«;e years. In the Merchant Shipping Act, the term of penal servitude is limited to four years, but by 27 & 28 Vict. c. 47, s. 2, No person shall be sentenced to penal. servitude for a period of less than five years ; and where under any Act now.iu force, a period of less than five years is the utmost sen- tence of penal servitude that can be awarded, a period of five years shall in such Act be substituted for the less period. Regulations to be ob- served by dealers in marine stores. Deal&rs in Marine Stores and Manufacturers of Anchors. 480. Every person dealing in, buying, and selling anchors, cables, sails, or old junk, old iron, or marine stores of any description, shall conform to the following regulations ; (that is to say,) DEALERS IN MARINE STORES. 403 (1.) He shall have his name, together with the words rr " dealer in marine stores," painted distinctly in letters ,430 481. of not less than six inches in length on every warehouse or other place of deposit belonging to him ; warehouse. If he does not he shall incur a penalty not exceeding 20?. : (2.) He shall keep a book or books, fairly written, and shall ^°°^^ *° ^^ enter therein an account of all such marine stores as he may from time to time become possessed of, stating, in respect of each article, the time at which and the person from whom he purchased or received the same, adding, in the case of every such last-mentioned person, a description of his business and place of abode ; If he does not he shall incur for the first offence a penalty not exceeding 201., and for every subsequent offence a penalty not exceeding 50Z. : (3.) He shall not, by himself or his agents, purchase marine Not to buy stores of any description from any person apparently persons under under the age of sixteen years ; ^^^ If he does so he shall incur for the first offence a penalty not exceeding 51, and for every subsequent offence a penalty not exceeding 201. : (4.) He shall not cut up any cable, or any similar article, Cables not to exceeding five fathoms in length, or unlay the same without into twine or paper stuff, on any pretence whatever. Permit- without obtaining such permit and publishing such notice of his having so obtained the same as is herein- after mentioned ; If he does so he shall incur for the first offence a penalty not exceeding 201., and for every subsequent offence a penalty not exceeding 501. 481. In order to obtain such permit as aforesaid, a dealer in Manner ot marine stores shall make a declaration before some justice of permit to cut the peace having jurisdiction over the place where such dealer up cables, resides, containing the following particulars ; (that is to say,) (1.) A statement of the quality and description of the cable Description of or other like article about to be cut up or unlaid : "^ ®' (2.) A statement that he purchased or otherwise acquired Honestly the same Imdfide and without fraud, and without any ^''1'^"^ • knowledge or suspicion that the same had been come by dishonestly : D D 2 404 DEALERS IN MARINE STORES. 481-483. From whom received. Permit to be advertised before dealer proceeds to act thereon. Manufacturers to place marks on anchors. (3.) A statement of tlae name and description of the person from whom he purchased or received the same : And it shall be lawful for the justice before whom any such declaration is made, or for the receiver of the district in which such dealer in marine stores resides, upon the production of any such declaration as aforesaid, to grant a permit authorising him to cut up or unlay such cable or other like article. 482. No dealer in marine stores who has obtained such permit as aforesaid shall proceed by virtue thereof to cut up or unlay any cable or other like article until he has for the space of one week at the least 'before doing any such act published ia some newspaper published nearest to the place where he resides, one or more advertisements notifying the fact of his having so obtained a permit, and specifying the nature of the cable or other article mentioned in the permit, and the place where the same is deposited, and the time at which the same is intended to be so cut up or unlaid ; and if any person suspects or believes that such cable or other article is his property, he may apply to any justice of the peace for a warrant ; and such justice of the peace may, on the applicant making oath, or, if a person entitled to make an aifirination, making an afiirmation in support of such his suspicion or belief, grant a warrant by virtue whereof the applicant shall be entitled to require the production by such dealer as aforesaid of the cable or other article mentioned in the permit, and also of the book of entries hereinbefore directed to be kept by every dealer in marine stores ; and, upon such cable or other article and book of entries being produced, to inspect and examine the same ; and if any dealer in marine stores makes default in complying with any of the provisions of this section, he shall for the first offence incur a penalty not exceeding 20Z., and for every sub- sequent offence a penalty not exceeding 501. 483. Every manufacturer of anchors shall, in case of each anchor which he manufactures, mark in legible characters on the crown and also on the shank under the stock, his name or initials, with the addition of a progressive number and the weight of such anchor ; and if he makes default in doing so he shall for each offence incur a penalty not exceeding 51. Persons entitled to Salvage. The general rule is, that anyone who assists in rescuing a ship, or the lives or cargo in her, from danger on the seas, is entitled to a salvage PERSONS ENTITLED TO SALVAGE. 405 remuneration. But there are certain exceptions, the chief of which is, that the salvor should not stand in any particular relation to the ship in dis- tress, and that he should not be subject to the duty of employing himself for her preservation (a). If, however, the duty should cease to exist, or the work done in rescuing the ship should be such as not to come within the scope of the salvor's duty, he will then become entitled to the reward. The crew cannot be salvors as long as their contract with the owners remains in force, because it is their duty to' do all in their power to pre- serve the ship and cargo (>). But if the vessel has been abandoned by the master and crew, and some of the crew afterwards return on board and save her, they can then claim salvage ; such abandonment, however, must have been sine spe revertendi, and have taken place by order of the master (c). The contract of the seamen is also dissolved by their being discharged, or by the ship being captured, and after either of these occurrences the crew may become entitled to salvage in respect of their ship (d). A pilot cannot claim salvage for any acts that come within his duty as a pilot, but he will be entitled to reward for any efforts or risk beyond such duty (e). Although under ordinary circumstances a passenger is at liberty to quit the ship, yet, ,when she is in danger, it is his duty to remain and assist in saving her, under the direction of the master and ofScers. Such assistance, as, for instance, if he works at the pumps, or moves the cargo, will not entitle a passenger to salvage ( / ). But he is not bound to all the duties of a seaman, and if he does anything extraordinary, such as taking direction of the ship, or devising some successful method for saving her, he will become entitled to a reward (g). It is a general rule that a party not actually occupied in effecting a salvage service is not entitled to share in any salvage remuneration. There is an exception to this in favour of the owners of vessels, since it is often the vessel itself which is the chief means of effecting the salvage. And when ships, in rendering assistance, have either been diverted from their proper employment, or have experienced a special mischief occa- sioning to the owners some inconvenience and loss an equitable compen- sation may reasonably be claimed (/t). When salvage has been effected by a portion of the salving ship's crew going on board and navigating §483. Salvor not to be connected with ship salved. The crew. Pilots. Passengers. Ship-owners. Part of crew left behind. (o) The Neptune, 1 Hagg. Ad. 236 ; The Governor Saffles, 2 Dods. Ad. 14. (b) The Two Friends, 1 C. Eob. 278 ; The John Perkins, U. S. C. C. Mass. 21 L. R. 87, quoted in Parsons on Shipping (ed. 1869), IL 265. (c) The Florence, 16 Jur. 572 ; The Warrior, Lush. 470 ; The Blaireaw, 2 Cranch (Amer. Hep.), 240 ; The Lejonet, 1 Asp. Mar. LawCas. 438 ; L. K. 3 A. & B. 556. (d) The Warrior, Lush. 476 ; Phillips v. McCaM, 4 Wash. C. C. (Amer. Rep.) 141. (c) The Frederick, IW. Roh. 16 ; The Hebe, 2 W. Rob. 246 ; The Industry, 3 Hagg. Ad. 203 ; The Joni/e Andries, Swa. 229. Not every sUght exertion will give a pilot a claim to salvage, he must do something considerable. The Aeolus, L. E. 4 A. & E. 29. ( /) The Branstone, 2 Hagg. Ad. 3 n. ; The Vrede, Lush, 322. (g) Newman v. Walters, 3 B. & P. 612 ; The Great Eastern, 11 L. T. N. S. 516 ; The Merrimac, 18 L. T. N. S. 92. (A) The Vine, 2 Hagg. Ad. 2 ; The Charlotte, 3 W. Rob. 72. 406 SALVAGE BY HER MAJESTY S SHIPS. 483, 484. Ship's agent. Forfeiture. Agreements for mutual assistance. the ship in distress, those who remain on board the salving ship are entitled to share in the salvage, although they have not directly con- tributed to the rescue of the vessel. They must, however, have been willing to join in the und,ertaking if necessary (i). A ship's agent may claim salvage though his remuneration will be on a lower scale than that of persons quite unconnected with the vessel (It). If a magistrate exerts himself beyond the limits of his oflB.cial duty in saving a vessel he will become entitled to salvage (I). Salvage may be forfeited in some cases (see s. 498, p. 414). When vessels sail together, and agree mutually to assist each other, no salvage can be claimed for any help one may receive from the other (m), but such an agreement must be clearly established before the ordinary right to salvage can be ousted {n). No claim for salvage ser- vices to be allowed in . respect of loss or risk of Her Majesty's ships or pro- perty. Eeward for personal efforts. Salvage hy Her Majesty's Ships. 484. In cases where salvage services are rendered by any ship belonging to Her Majesty or by the commander or crew thereof, no claim shall be made or allowed for any loss, damage, or risk thereby caused to such ship, or to the stores, tackle, or furni- ture thereof, or for the use of any stores or other articles be- longing to Her Majesty supplied in order to effect such services, or for any other expense or loss sustained by Her Majesty by reason of such services. When salvage is effected by one of Her Majesty's ships, " salvor" shall mean the person in command o| snch ship (see s. 2, p. i). Although the officers and crews of Her Majesty's ships do not risk their own property in efEecting salvage services, this will not disentitle them to a reward, but the fact will be considered in estimating its amount (o). They may claim compensation for their personal efforts, subject to their obtaining the permission of the Admiralty (see s. 485, post). , The captain of a ship in the public service may make an agreement as to the amount of salvage he and his crew shall be paid ; and as with all such agreements (see s. 460, p. .383), provided it be honest and thoroughly understood by all the parties concerned, the Court wiU uphold it even though the salvage agreed for is greater than what would have been awarded by the Court {p). (i) The Sarah Jam, 2 W. Rob. 110 ; The Mountaineer, lb. 7 ; The Centurion, Ware (Amer. Rep.), 477 ; The Nicolina, 2 W. Kob. 175 ; The Boe, Swa. 84 ; The Charles, 1 Asp. Mar. Law Cas. 296 ; L. R. 3 A. & E. 536. (k) Jones on Salvage, 47 ; The Favourite, 2 W. Rob. 258 ; The Purissima Conception, 3 W. Rob. 181 ; Cargo ex Honor, L. R. 1 A. & E. 87. [l) The AquUla, 1 0. Rob. 46. \m) The Zephyr, 2 Hagg. Ad. 43 ; The Waterloo, 2 Dods. Ad. 436. (») The Ganges, 1 Notes of Cas. 90. (o) The Eml of Eglington, Swa. 7 ; The Sapid, 3 Hagg. Ad. 421 ; Tlte Lustre, 3 Hagg. Ad. 154. ip) Cargo ex Woosung, 33 L. T. N. S. 394. CLAIMS FOR SALVAGE SERVICES. 407 485. No claim whatever on account of any salvage services § 8 rendered to any ship or cargo or to any appurtenances of any 485, 486. ship by the commander or crew or pai-t of the crew of any of ZT. ~ Her Majesty's ships shall be finally adjudicated upon unless the salvage by consent of the Admiralty has first been obtamed, such consent ^i' Majesty's j.T,--nn, .. , inirv oflicers not to to De signified by writing under the hand of the Secretary to he determined the Admiralty ; and if any person who has originated proceed- without con- ings in respect of any such claim fails to prove such consent to miralty. the satisfaction of the Court, his suit shall stand dismissed and he shall pay all the costs of such proceedings ; provided that any document purporting to give such consent and to be signed by the Secretary to the Admiralty shall he primd facie evidence of such consent having been given. The permission of the Admiralty to prosecute a salvage claim in respeet of property, will entitle officers and men of Her Majesty's ships to claim rewards in respect of services rendered to passengers belonging to the ship {q). But if the passengers or crew of the damaged vessel have reached some shore in safety, and are not in immediate danger, the fact of taking them on board and conveying them away will give no claim to life salvage, even though they might have perished from hunger, or at the hands of natives, if left behind (r). An officer who ordered a steamboat, hired by Government, and some of his own crew to go and render assistance to a vessel in distress, was held entitled to salvage («). 486. Whenever services for which salvage is claimed are Steps to be rendered to any ship or cargo, or to any part of any ship or galvage'se™ cargo, or to any appurtenances of any ship, at any place out of vices have the United Kingdom and the four seas adjoming thereto, by by^HCT Ma-*"^ the commander or crew or part of the crew of any of Her jesty's ships Majesty's ships, the property alleged to be salved shall, if the ^'^'■'°^^- salvor is justified by the circumstances of the case in detaining it at all, be taken to some port where there is either a consular officer or a vice-admiralty court ; and within twenty-four hours after arriving at such port, the said salvor and the master or other person in charge of the property alleged to be salved shall each deliver to the consular officer or vice-admu-alty judge there a statement verified on oath, specifying, so far as they respec- tively can, and so far as the particulars required apply to the case, (q) The Alma, Lush. 378 ; The Maury Pleasants, Swa. 224. (r) Ca/rgo ex Woosung, 33 L. T. N. S. 394 ; 3 Asp. Mar. Law Cas. 50. (s) The NUe, L. B. 4 A. & E. 449. 408 SALVAGE BY HER MAJKSTY'S SHIPS. § 486. Place and con- dition of ship. Nature of service. Proportion claimed. Other matters. Copy of cer- tificate. Freighter, Cargo. Owner of cargo. Values. Salvage. Goods saved. Sale of ship. (1.) The place, condition, and circumstances in which the said ship, cargo, or property was at the time when the services were rendered for which salvage is claimed : (2.) The nature and duration of the services rendered : And the salvor shall add to his statement, (3.) The proportion of the value of the said ship, cargo, and property, and of the freight which he claims for salvage, or the values at which he estimates the said ship, freight, cargo, and property respectively, and the several amounts that he claims for salvage in respect of the same : (4.) Any other circumstances he thinks relevant to the said claim : And the said master or other person in charge of the said ship, cargo, or property, shall add to his statement, (3.) A copy of the certificate of registry of the said ship, and of the indorsements thereon, stating any change which (to his knowledge or belief) has occurred in the par-, ticulars contained in such certificate ; and stating also, to the best of his knowledge and belief, the state of the title to the ship for the time being, and of the incum- brances and certificates of mortgage or sale, if any, afifectiug the same, and the names and places of business of the owners and incumbrancers : (4.) The name and place of business or residence of the freighter (if any) of the said ship, and the freight to be paid for the voyage she is then on : (5.) A general account of the quantity and nature of the cargo at the time the salvage services \yere rendered : (6.) The name and place of business or residence of the owner of such cargo and of the consignee thereof: (7.) The values at which the said master estimates the said ship, cargo, and property, and the ft-eight respectively, or, if he thinks fit, in lieu of such estimated value of the cargo, a copy of the ship's manifest : (8.) The amounts which the master thinks should be paid as salvage for the services rendered : (9.) An accurate list of the property saved, in cases where the ship is not saved : (10.) An account of the proceeds of the sale of the said ship, SALVAGE BOND. 409 cargo, or property, in cases where the same or any of s § them are sold at such port as aforesaid : 486 487. (11.) The number, capacities, and condition of the crew of ~ the said ship at the time the said seryices were rendered : (12.) Any other circumstances he thinks relevant to the matters in question : (13.) A statement of his willingness to execute a bond, in the Bond. form in the Table marked W. in the schedule hereto, in such amount as the said consular officer or vice-admiralty judge may fix. TABLE W. Salvage Bond. [iV.i?. — Any of tlui particulars not Imoivn, or not reqwlred, by reason of Salvage bond. tlie claim being only against tlie cargo, S;c., may be omitted. ] Wheeeas certain salvage services are alleged to have been rendered by the ship [insert names of shij> and of eoinmander\ commander, to the merchant ship {insert names of sMj> and master'] , master belonging to [nnnui and place of business or residence of owner of ship], freighted by \the same of tlie freighter] , and to the cargo therein, consisting of [state very shm'tly the descriptions and quantities of tJie goods, and tlie names and addresses of tlieir owners and consignees] : And whereas the said ship and cargo have been brought into the port of [insert name and situation of port] , and a statement of the salvage claim has been sent to [insert tlie name of tlie Consular Officer or Vice- Admiralty Judge, and of tlie office lie fills], and he has affixed the amount to be inserted in this bond at the sum of [state the sum] : Now I, the said [master's name], do hereby, in pursuance of the " Merchant Shipping Act, 1854," bind the several owners for the time being of the said ship and of the cargo therein, and of the freight payable in respect of such cargo, and their respective heirs, executors, and administrators, to pay among them such sum not exceeding the said sum of [state tlie sum fixed] , in such proportions and to such persons as [if tlie parties agree on any otlier Cowrt, substittcte tlie name of it liere,] the High Court of Admiralty in England shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid. In wittaess whereof I have hereunto set my hand and seal, this [insert the date] day of Signed, sealed, and delivered by the said [inaster's name], (L.S.) In the presence of [name of Consular Officer or Vice-AdmAralty Judge, and of tlie office lie Jills.] 487. The said consular officer or judge, as the case may be, Consular shall within four days after receiving the aforesaid statements f^gg'^^o'^Cjr fix the amount to be iaserted in the said bond at such sum as amount for 410 SALVAGE BY HER MAJESTY S SHIPS. 487-491. which, a bond is to be given. On master executing bond, the right of de- tention to cease. Pi-ovision for additional security in the case of ships owned by persons resident out of Her Ma- jesty's do- minions. Documents to be sent to England. "Whom the bond shall bind. he thinks sufficient to answer the demand for the salvage ser- vices rendered ; but such sum shall not. exceed one half of the value which in his estimation the said ship, freight^ and cargo, or any parts thereof in respect of which salvage is claimed, are worth ; and the said consular officer or judge may, if either of the aforesaid statements is not delivered to him within the time hereby required, proceed ex parte, but he shall in no case under this Act require the cargo to be unladeii ; and the said consular officer may in any proceeding under this Act relating to salvage take affidavits and receive affirmations. 488. The said consular officer or judge shall send notice of the sum which he has so fixed as aforesaid to the said salvor and the said master ; and upon such master executiag a bond in such form as aforesaid, with the said sum inserted therein, in the presence of the said officer or judge (who shall attest the same), and delivering the same to the said salvor, the right of the said salvor to detain or retain possession of the said ship, cargo, .or property, or any of them in respect of the said salvage claim, shall cease. 489. If the ship, cargo, or property in respect of which the claim for salvage is made is not owned by persons domiciled in Her Majesty's dominions, the right of the salvor to detain or. retain possession thereof shall not cease unless the master pro- cures, in addition to the said bond, such security for the due .performance of the conditions thereof as the said officer or judge considers sufficient for the purpose, and places, the same in the possession or custody of the said officer or judge, or, if the salvor so desires, in the possession or custody of the said officer or judge jomtly with any other person whom the said salvor appoints for the purpose. 490. The said consular officer or judge shall at the earliest opportunity transmit the said statements and documents so sent to him as aforesaid, and a notice of the sum he has so.fixed as aforesaid to the High Court of Admiralty of England, or if the said salvor and the said master or other person in charge as aforesaid agree that the said bond shall be adjudicated upon by any vice-admiralty court, to such court. As to Vice Admiralty Courts and their iuriBdiction,'see Part x., p. 456. 491. The said bond shall bind the respective owners of the said ship, freight, and cargo, and their respective heirs, II COURT OF ADJUDICATION. 411 executors, and administrators, for the salvage adjudged to be §§ payable in respect of the said ship, freight, and cargo respec- 491-496. tively. 492. The said bond shall be adjudicated on and enforced by Court in _ the High Court of Admiralty in England, or if the said salvor be'^udi-' *° and master at the time of the execution of the said bond agree cated on. upon any vice-admiralty court, then by such vice-admiralty court ; and , any such vice-admhalty court may in every pro- ceeding under this Act, have and exercise all powers and authorities whatsoever which the said High Court of Admiralty now has or at any time may have in any proceeding whatsoever before it ; and in cases where any security for the due perform- ance of the conditions of the said bond has been placed in the possession or custody of the said consular oiiicer or vice- admiralty judge, or of such officer or judge jointly with any other person, the person or persons haying the custody of such security shall respectively deal with the same in such manner as the court that adjudicates on the bond du'ects. 493. The said High Court of Admiralty shall have power to Power of Higl: enforce any bond given in pursuance of this Act in any vice- Court of Ad- admiralty court in any part of Her Majesty's dominions ; and enforce bonds. all courts in Scotland, Ireland, and the islands of Jersey, Guernsey, Alderney, Sark, and Man exercising admiralty juris- diction shall, upon application, aid and assist the High Court of Admiralty in enforcing the said bonds. 494. Any such salvor as aforesaid of any ship, cargo, or Savin"- clause, property who elects not to proceed under this Act shall have no power to detain the said ship, cargo, or property, but may proceed otherwise for the enforcement of his salvage claim as if this Act had not been passed ; and nothing in this Act con- tained shall abridge or affect the rights of salvors, except in the cases by it provided for. 495. AU bonds, statements, agreements, and other docu- Documents ments made or executed in pursuance of the Eighth Part of ^''"^^ ^^°^ this. Act shall, if so made or executed out of the United Kingdom, be exempt from stamp duty. 496. Every person who, in any proceeding under provisions Punishment contained in the Eighth Part of this Act relating to salvage by ^°^' forgery Her Majesty's ships, forges, assists in forging, or procures to be representa- forged, fraudulently alters, assists in fraudulently altering, or ti°"s. procures to be fraudulently altered, any document, and every 412 SALVA()E. §§ person who in any such proceeding puts off or makes use of any 496, 497. such forged or altered document, knowing the same to be so forged or altered, or who in any such proceeding gives or makes, or assists in giving or making, or procures to be given or made, any false evidence or representation, knowing the same, to be false, shall be punishable with imprisonment, with or without hard labour, for any period not exceeding two years, or, if summarily prosecuted and convicted, by imprisonment, with or without hard labour, for any period not exceeding six months. Salvage General. Voluntary 497. Whenever services for which salvage is claimed are ^smhamaAe, ^^^'^^'^^d either by the commander or crew or part of the crew which shall of any of Her Majesty's ships, or of any other ship, and the effect asthA^ salvor Voluntarily agrees to abandon his lien upon the ship, bond above cargo, and property alleged to be salved, upon the master or mentioned. other person in charge thereof entering into a written agree- ment attested by two witnesses to abide the decision of the said High Court of Admiralty or of any vice-admiralty court, and thereby giving security in that behalf to such amount as may be agreed on by the parties to the said agreement, such agree- ment shall bind the said ship and the said cargo and the freight payable therefor respectively, and the respective owners of the said ship, freight, and cargo for the time being, and their respective heirs, executors, and administrators, for the salvage which may be adjudged to be payable in respect of the said ship, cargo, and freight respectively to the extent of the se- curity so given as aforesaid, and may be adjudicated upon and enforced in the same manner as the bonds provided for by the Eighth Part of this Act, in the case of detention for salvage services rendered by Her Majesty's ships ; and upon such agreement being made the salvor and the master or other person in charge as aforesaid shall respectively make such statenients as are herein-before required to be made by them in case of a bond being given, except that such statements need not be made upon oath ; and the salvor shall, as soon as prac ticable, transmit the said agreement and the said statements to the Court in which the said agreement is to be adjudicated upon. APPORTIONMENT OF SAlVaGE. 413 See s. 486, p. 407, for the statementB required to be made and for the c c form of a salvage bond. For agreements as to the amount of salvage to Anm 4.QQ be paid in extraordinary cases, see s. 460, p. 385. ft»/, tVO. Salvage confers a maritime lien on the salvors against the ship, freight, Lien for and property saved (<). The whole value of the ship, freight, and cargo salvage, should be before the Court, and each must pay its own share, neither can be made liable for salvage due fi-om the others (ii). Salvors who board a legal derelict (see under s. 467, p. 392) are entitled to keep possession of her, and bring her into port even as against the master and crew though it is not usually expedient to enforce the right in the latter case (x). The lien for salvage ranks before any other lien which attached before Priority of the services were rendered, on the same principle that a prior bottomry lien, bond is postponed to a subsequent one (see p. 100). viz., that without the latter assistance, the property would have been entirely lost to all con- cerned in it (y). It is not necessaiy that salvors should continue in pos- Possession session of the property in order to preserve their rights over it (i), their not necessary, right continues until determined by some competent Court (a). Seamen are not to give up their lien for salvage except in certain cases (see under sec. 182, p. 167). As to maritime liens and their priority inter se, seePajt IX., p. 418. Apportionment of Salvage, 498. Whenever the aggregate amount of salvage payable in Powers for respect of salvage services rendered in the United Kingdom has ^^j'^'*. ^^^^^ been iinally ascertained, and exceeds 200^., and whenever the jurisdiction aggregate amount of salvage payable in respect of salvage ser- to apportion vices rendered elsewhere has been finally ascertained, whatever such amount may be, then if any delay or dispute arises as to the apportionment thereof, any court having Admiralty juris- diction may cause the same to be apportioned amongst the persons entitled thereto in such manner as it thuiks just ; and may for that purpose, if it thinks fit, appoint any person to carry such apportionment into eifect, and may compel any person in whose hands or under whose control such amount maybe to distribute the same, or to briag the same into court, to be there dealt with as the court may direct, and may for the purposes aforesaid issue such monitions or other processes as it thinks fit, («) Williams & Bruce, Admiralty Practice (ed. 1868), 143 ; Barford v. Jones, 1 Ld. Baym. 393 ; Baring v. Day, 8 East, 57. («) The Pyrenee, Br. & L. 189 ; The Westminster, 1 W. Eob. 233 ; The Charlotte Wylie, 5 Notes of Cas. 6. (x) The Tritonia, 5 Notes of Cas. Suppl. iv. ; The'Oertnide, 30 L. J. Ad. 131 ; The Orhana, 1 Spinks, A. & E. 165. (y) "Williams & Bruce, Admiralty Practice (ed. 1868), 148 ; Cargo ex Galam, Br. & L. 181. (z) The Maria, Edw. 175 ; The Bee, Ware (Amer. Eep.), 332. (o) The Blenden Mali, 1 Dods. Ad. 414. 414 FGEFEITURE OF SALVAGE. § 498. Damage or loss to salving vessel. Court has entire dis- cretion. No fixed rules as to amount. The master. The mate. Crew share in proportion to their rating. Salvor specially distinguished. Misconduct. As to apportionment by a receiver, when the amount is less than 2001., (see s. 467, p. 391). When there has been any loss of profit, or damage to the salving vessel, the owner is entitled to deduct the amount of such loss or damage from the whole sum awarded, and retain it before any distribution of the rest is made (J). Besides this, the owner frequently participates in the actual salvage money, but he has hardly ever been allowed more than a moiety (<;). The distribution, however, is entirely in the discretion of the Court, the circumstances of each case, and the services performed by individuals, are all taken into account, and the reward given accordingly. No fixed rules can be laid down as to what any class of persons will receive. The master, upon whom the responsibility falls, gets a, good deal more than the crew, especially if his ship carries mails or pas- sengers {d). The mate is also liberally rewarded if his duties have become more onerous through his salvage services (e) ; and he may get as much or more than the master, if he has chiefly contributed to the rescue of the vessel (/). The rest of the crew generally share the money awarded, in proportion to their wages (g), apprentices usually getting two-thirds as much as an able seaman {It). If any salvor has specially distinguished himself and materially contributed to the success of the enterprise, he will receive a much higher proportion than those who have only acted according to his directions (i). Ordinary persons are rewarded according to what they have done (A). Fmfeitwe of Sakage. ■ Salvors may forfeit their remuneration, wholly or in part, by miscon- duct, or by negligence and incapacity (I). If the misconduct is wilful or criminal the whole claim may be forfeited (to). Bad faith and intention not to do the whole duty, or to protract, from improper motives, the duration of the service, are acts of wilful misconduct («). So is resisting the employment of a steamer, and mating a riot (o) ; and improperly retaining posession of, and dealing with the property salved without regard to the owner's interest, under circumstances of suspected collusion with the owner's agent (p). When the owner or master deems that the (5) The Spirit of the Age, Swa. 287. (c) The Enchamtress, Lush. 96. The owners of steamers get more than those of sailing vessels. The Palmyra, 1 Asp. Mar. Law Cas. 182. {d) The Martin Luther, Swa. 289 ; TJie Sari Grey, 3 Hagg. Ad. 363. (e) The AlUon, 3 Hagg. Ad. 254 ; The Caroline, 2 W. Eob. 124 ; The Sir R. Abercrombie, L. E. 1 P. C. 462. (/) The Nicolina, 2.W. Eob. 175 ; The Oolertdrina, L. E. 1 A. & E. 334. (g) The Sari Grey, 3 Hagg. Ad. 364 ; The Hope, 3 Hagg. Ad. 425. (A) The George Dean, Swa. 291. (i) H.M.S. The Thais, 3 Hagg. Ad. 14. (k) For instances of Salvage awards, see Pritchard's Admiralty j^Digest (2nd ed.), IL 839. («) ?7ic GharUa Adolphe, Swa. 153 ; The Atlas, Lush. 528 ; The Cape Packet, 3 W. Eob. 125 ; The Dnhe of Manchester, 6 Moo. P. G. 91. (m) The Gaipe Packet, 3 W. Eob. 125. (n) The Magdalen, 5 L. T. N. S. 807 ; 31 L. J. (Ad.) 22. (o) The Ma/rtha, Swa. 489. ip) The Lady Worsley, 2 Spiuks, E. & A. 253 ; The Bella Corrmes, 6 Wheaton (Amer. Eep.), 152. FOREIGN WRECK. 415 salvors have given sufficient assistance, and dismisses them, they will o g receive nothing for any assistance they may render after being so dis- ^qq /iqq missed (2). Plundering or embezzling any of the cargo will work a. ^""? '±ifa. ' forfeiture of all claims (r). In short, salvage is a recompense resting essentially upon equitable considerations, and the salvor must present his claims with clean hands (s). When persons undertake to perform a salvage service they are bound Negligenee or to exercise ordinary skill and ordinary prudence in its execution, and incapacity, their negligence may be so extremely gross as to forfeit all claim to salvage {t). As a rule error, unless wilful, only diminishes the remunera- tion (k) ; and in a case where the salving vessel injured the ship she was rescuing, and a cause of damage was instituted by the vessel salved to recover the damage thus occasioned, it was held that the 'owners of the vessel salved were entitled' to recover in the damage cause, and that the salvors were entitled to recover salvage (a). If salvors have brought a ship to a situation of comparative safety, and have given her up to a licensed pilot, they are not prejudiced as to their claim by any injury subsequently happening to her from the negligence of such pilot [y). Unnecessary delay in making a claim will sometimes cause it to be Delay, dismissed, especially if the amount claimed be small {z) Miscellaneous. 499. All wreck, being foreign goods brought or coming Foreign goods into the United Kingdom or the Isle of Man, shaU be subject toYe'^subject * to the same duties as if the same were imported into the to the' same United Kingdom or the Isle of Man respectively ; and if any f^portation question arises as to the origin of such goods, they shall be deemed to be the produce of such country as the Commissioners of Customs may upon investigation determine. 18 & 19 Vict. c. 91, s. 19. — Whenever any articles belonging to In case of or forming part of any foreign ship which has been wrecked on ?"'f?''^ "^ . or near the coasts of the United Kingdom, or belonging to or congff Ineral forming part of the cargo thereof, are found on or near such to be deemed coasts, or are brought into any port in the United Kingdom, the agent of (2) The Dwntzie Packet, Z Haggv Ad. 383 ; The Glasgow Packet, 2 W. Eoh. 306. (r) The Florence, 16 Jur. 576 ; The Dove, 1 Gall (Amer. Eep.), 585 ; The Boston, 1 Sumner (Amer. Rep.), 328. (s) American Insurance Co. r. Johnson, 1 Blatch & How (Amer. Eep.), 30 ; The Schooner Boston, 1 Sumner (Amer. Eep. ), 341. (t) The dope Packet, 3 W. Eob. 125 ; The Houthandel, 1 Spinks, E. & A. 27 ; The Atlas, Lush. 528. (u) The Rosalie, 1 Spinks, E. & A. 191 ; The Magdalen, 5 L. T. N. S. 807 ; The Thetis, L. E. 2 A. & B. 365. {x) The O. 8. Butler, L. E. 4 A. & E. 178 ; 2 Asp. Mar. Law Cas. 239. («) The Bomarsund, Lush. 77 ; The Nellie, 2 Asp. Mar. Law Cas. 142. [z) The Swan, 1 W. Eob. 70 ; Tfie Smpid, 3 Hagg. Ad. 421. 416 FOREIGN WRECK. 499-502. Goods saved from ships wrecked to be forwarded to the ports of their original destination. Provision as to certain terms in Scotland. consul general of the country to which such ship, or, in the case of cargo, to which the owners of such cargo, may have belonged, or any consular officer of such country authorised in that behalf by any treaty or agreement with such country, shall, in the absence of the owner of such ship or articles, and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of such articles. 500. The Commissioners of Customs and Excise shall permit all goods, wares, and merchandise saved from any ship stranded or wrecked on its homeward voyage to be forwarded to the port of its original destination, and aU goods, wares, and merchandise saved from any ship stranded or wrecked on its outward voyage to be returned to the port at which the same were shipped ; but such Commissioners are to take security for the due protection of the revenue in respect of such goods, wares, and merchandize. • As to the customs laws now in force, see Part XI., p. iSi. 501. AU matters and things that may in pursuance of the Eighth Part of this Act be done by or to any justice or any two justices may in Scotland be done also by or to the sheriff of the county, including the sheriff substitute ; and the ex- pression " lord or lady of a manor " shall in the Eighth Part of this Act, so far as regards Scotland, include " heritable pro- prietor duly infeft." PART IX. LIABILITY OF SHIPOWNERS. Application. Application of 502. The Ninth Part of this Act shall apply to the whole of Part IX. of jjer Majesty's dominions. This part of the Act limits the responsibility of owners in respect of damage done by their vessels. Owners of ships are, however, subject to other claims that may come into existence while their ships are performing a voyage. These are claims arising from maritime Uens, fi'om repairs MARITIME LIENS. 417 executed for the ship, from necessaries supplied to her, and from general c 502 average. (With regard to a shipowner's liability in respect of seaworthi- . ^ !_ ness, see under sec. 291, p. 244 et seq.) Maritime Mens. Ships being property of a. peculiar nature, and being for long periods Nature of out of the control of their owners, the maritime law in some cases allows liens, persons who have dealings with a ship certain rights against the ship itself irrespective of its owners. These rights are called maritime liens, and in the English Admiralty Courts claims for seamen's wages, pilotage, towage, salvage, damage by collision, bottomry, and respondentia, confer a maritime hen, and such claims may be enforced by proceedings in rcTO,— that is, against the ship itself. A maritime lien does not in- Possession not elude or require possession. The word lien is used in maritime law not iiecessary. in the sense in which it is understood in the Courts of Common Law, in which case there is no lien where there is no possession, actual or con- structive ; but it is used to express, as if by analogy, the nature of a claim, which neither presupposes nor originates in possession (a). Such a lien does not transfer the property in the ship, but is a claim or privi- Enforced by lege upon it, to be carried into effect by legal process (J), which process proceedings is explained by Story, J., to be a proceeding in rem,, and whenever a *" ''^"'■• lien or claim of this sort exists, then the Admiralty Courts can enforce it by proceedings in rem., and indeed are the only courts competent so to enforce it (c). In all cases where a proceeding in rem is the proper course, there a maritime lien exists. The lien travels with the ship into whossoeever possession it may Lien travels come. It is something which adheres to the ship, from the time that the with the ship, facts happened which gave it, and it continues binding on her until it is discharged, either by being satisfied or from the laches of the owner, or in any other way by which, by law, it may be discharged ( or any other Act that may be passed for the like purpose ; and may in any other part of Her Majesty's dominions make such allowances and order payment of such costs and ex- penses (if any) as are payable or allowable upon the trial of any misdemeanor under any existing Act or Ordinance, or as may be payable or allowable under any Act or law for the time being in force therein : (2.) Every offence declared by this Act to be a misdemeanor shall also be deemed to be an offence hereby made punishable by imprisonment for any period not exceed- ing six months, with or without hard labour, or by a penalty not exceeding lOOZ., and may be prosecuted ac- cordingly in a summary manner instead of being pro- secuted as a misdemeanor : (3.) Every offence hereby made punishable by imprisonment for any period not exceeding six months, with or with- .LEGAL PROCEDURE. 435 put hard labour, or by any penalty not exceeding 100?., § 618, shall in England and Ireland be prosecuted summarily before any two or more justices, as to England in the manner directed by the Act of the eleventh and twelfth years of the reign of Her Majesty Queen Yictoria, chapter forty-three, and as to Ireland in the manner directed by the Act of the fourteenth and fifteenth years of the reign of Her Majesty Queen Victoria, chapter ninety-three, or in such other manner as may be directed by any Act or Acts that may be passed for like pur- poses : And all provisions contained in the said Acts shall be applicable to such prosecutions in the same manner as if the offences in respect of which the same are instituted were hereby stated to be offences in respect of which two or more justices have power to convict summarily or to make a summary order : (4.) In all cases of summary convictions in England, where Appeal on the sum adjudged to be paid exceeds bl, or the period convTotion. of imprisonment adjudged exceeds one month, any per- son who thinks himself aggrieved by such conviction may appeal to the next court of general or quarter ses- sions which is holden not less than twelve days after the day of such conviction for the county, city, borough, liberty, riding, division, or place wherein the case has been tried ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, condi- tioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded ; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody ; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to F F 2 436 LEGAL PEOCEDURE. §§ 518, 519. Offences iu British either party, as to the court shall seem meet ; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as may be awarded, and shall, if necessary, issue process for enforcing such judgment : (5.) All offences under this Act shall in any British posses- sion be punishable in any court or by any justice of the peace or magistrate in which or by whom offences of a like character are ordinarily punishable, or in such other manner, or by such other courts, justices, or ma- gistrates, as may from time to time be determined by any Act or Ordinance duly made in such possession in such manner as Acts and Ordinances in such possession are required to be made in order to have the force of law. 20 & 21 Vict. i;. 43, s. 3, not to apply- to proceed- ings nnder Board of Trade or this Act, &c. 25 & 26 Vict. c. 63, s. 65.— Nothing in the third section of the Act passed in the twentieth and twenty-first years of the reign of Her present Majesty,^ chapter forty-three, except so much thereof as provides for the payment of any fees that may be due to the clerk of the justices, shall be deemed to apply to extend to any proceeding under the direction of the Board of Trade, or under or by virtue of the provisions of the principal Act or this Act, or any Act amending the same. Stipendiary magistrate to have same power as two justices. Harhour master at Holyhead may be com- missioned as justice. 519. Any stipendiary magistrate shall have full power to do alone whatever two justices of the peace are by this Act autho- rised to do. 30 & 31 Vict. c. 124, s. 12.— The harbour master for the time being of the harbour of Holyhead, in the event of it seeming meet to Her Majesty to assign to him Her Majesty's commission to act as a justice of the peace within the limits within which he is empowered to act in harbour matters, shall, during the continuance of such assignment and of his tenure of the office of harbour master, execute within such limits the duties of a justice of the peace, notwithstanding he may not be qualified by estate to be a justice of the peace for a county, and shall have within such limits the same power and jurisdiction as a stipendiary magistrate has by Act of Parlia- ment when sitting at a police court or other place appointed in that behalf JURISDICTION. 437 Jurisdiction. § § 520. For the purpose of giving jurisdiction under this Act, 520, 521. every offence shall be deemed to have been committed, and offence where every cause of complaint to have arisen, either in the place in deemed to , . , ,, ,- T, . , . have been wnicn the same actually was committed or arose, or m any committed. place in which the offender or person complained against may be. , 39 & 40 Vict. c. 80, s. 40. — For the purpose of punishment, Legal pro- jurisdiction, and legal proceedings an offence under this Act oeedings in (the Merchant Shipping Act, 1876) shall be deemed to be an Q^g®^°gg offence under the Merchant Shipping Act, 1854. 521. In all cases where any district within which any court Jurisdiction or justice of the peace or other magistrate has jurisdiction iJ^nVoil the either under this Act or under any other Act or at common law coasts. for any purpose whatever is situate on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water, every such court, justice of the peace, or magistrate shall have jurisdiction over any ship or boat being on or lying or passing off such coast, or being in or near such bay, channel, lake, river, or navigable water as aforesaid, and over all persons on board such ship or boat or for the time being belonging thereto, in the same manner as if such ship, boat, or persons were within the Umits of the original jurisdic- tion of such court, justice, or magistrate. 18 & 19 Vict. c. 91, s. 21.— If any person, being a British Jm-isdiction subject, charged with having committed any crime or offence og-ences°on on board any British ship on the high seas or in any foreign ^oard ship, port or harbour, or if any person, not being a British subject, charged with having committed any crime or offence on board any British ship on the high seas, is found within the jurisdic- tion of any court of justice in Her Majesty's dominions which would have had cognisance of such crime or offence if com- mitted within the limits of its ordinary jurisdiction, such court shall have jurisdiction to hear and try the case as if such crime or offence had been committed within such limits : Provided, that nothing contained in this section shall be construed to alter or interfere with the Act of the thirteenth year of Her present Majesty, chapter ninety-six. 30 & 31 Vict. c. 124, s. 11. — If any British subject commits Offences by any crime or offence on board any British ship, or on board B",*'^^ ^^^^ any foreign ship to which he does not belong, any court of jus- T3^o'ard°ships. 438 CRIMES ON THE HIGH SEAS. § 521. *'i°6 in Her "Majesty's dominions, which would have had cog- — nizance of such crime or ofience if committed on board a British ship within the hmits of the ordinary jurisdiction of such court, shall have jurisdictioa to hear and determine the case as if the said crime or offence had been committed as last aforesaid. As to offences committed by seamen and persons iDelonging to British ships, see s. 267, p. 229 et seq. Crimes are local by common law. _ I are subject to tbe courts of their own country. iJ. V. Anderson. Facts of the case. Crimes oomvwMed on tlie High Seas and Abroad. The common law of England considers crimes as altogether local, and cognizable, and punishable exclusively in the country where they are committed (a). It is eminently suitable that questions of this class should be examined at the seat of the res gestae, where witnesses can be readily reached, and where the scenes of crime can, if need be, be con- veniently inspected (5). Grimes committed on the high seas form an exception to this rule, but are brought within it by the ships of every country being subject to the law and jurisdiction of the state whose flag they carry (c). This is beyond doubt the case when vessels are on the high seas, and our Courts have held that British ships remain subject to the jurisdiction of this country even when they are in the' waters of a foreign state, and that offences committed on board, though by foreigners, can be tried here (d). But when ships are in the waters of a foreign state they are also subject to the jurisdiction of that state. " The jurisdiction of the nation," said Marshall, C. J. (e), "within its own terri- tory is necessarily exclusive and absolute. It is susceptible of no limita- tion not imposed by itself." The following case, stated by Byles, J., and the judgment delivered, fully explain the law on this point (/), " James Anderson, an American citizen, was indicted at the Central Criminal Court for murder on board a vessel belonging to the port of Yarmouth in Nova Sootia ; she was registered in London, and was sailing under the British flag. At the time of the offence committed, the vessel was in the Elver Garonne, within the boundaries of the French Empire, on her way to Bordeaux, which city is by the course of the river about ninety miles from the open sea. The vessel had proceeded about half way up the river, and was at the time of the offence about 300 yards from the nearest shore, the river at that place being about half a mile wide. The tide flows up to the place and beyond it. No evidence was given whether the place was or was not within the limits of the port of Bordeaux. It was objected for the prisoner that the offence having been committed within the Empire of France, the vessel being a colonial vessel, and the prisoner an (a) Wharton's Conflict of Laws (ed. 1872), § 853. (6) 75., §864. (c) Vatte), Droit des Qena (ed. 1820), Hv. i. oh. xix. § 216. Wheaton's International Law by Dana (ed. 1866), § 106, p. 169. (d) £. V. SaUler, D. & B. C. C. 525 ; R. v. Anderson, L. R. 1 C. 0. E. 161 ; B. V. Lesley, 1 Bell, 0. C. 220. (e) Tke hcchtmge, 7 Cranch (Amer. Rep.), 136. if) R- ■'■ Anderson, h. R. 1 C. C. R. 161. CRIMES ON THE HIGH SEAS. 439 American citizen, the Court had no jurisdiction. I expressed an opinion unfavourable to the objection, but agreed to grant a case for the opinion of this Court." The prisoner was convicted of manslaughter. Bovill, C. J. : " There is no doubt that the place where the offence was committed was within the territory of France, and the prisoner was therefore Eubjeot to the laws of France, which that nation might en- force if they thought fit ; but at the same time he was also within a British merchant vessel, on board that vessel as a part of the crew, and, as such, he must be taken to have been under the protection of the British law, and also amenable to its provisions. It is said that the prisoner was an American citizen, but he had embarked by his own con- sent on board a British ship, and was at the time a portion of its crew. There are many observations to be found in various writers to show that in some instances, though subject to American law as a citizen of America, and to the law of France as being found within French terri- tory, yet that he must also be considered as being within British juris- diction, as forming a part of the crew of a British vessel upon the principle that the jurisdiction of a country is preserved over its vessels, though, they may be in ports or rivers belonging to another nation. With respect to France, M. Ortolan (g) in his work says, that it is clear that with regard to merchant vessels of foreign countries, the French nation do not assert their police law against the crews of those vessels, unless the aid of the French authority be invoked by those on board, or unless the offence committed leads to some disturbance in their ports (A). The law of France is very clear on this point. As far as America is concerned, she has by statute made regulations for those on board her vessels in foreign ports, and we have adopted the same course in this country. When vessels go into a foreign port, they must respect the laws of that nation to which the port belongs ; but they must also respect the laws of the nation to which the vessel belongs. When our vessels go into foreign countries we have the right, even if we are not bound to make such laws as to prevent disturbance in foreign , ports, and it is the right of every nation which sends sliips to foreign countries, to make such laws and regidations." The case was decided independently of s. 267 of the Merchant Shipping Act, 1854, " for," said Bovill, C. J., " the common law of Eng- land is, in my judgment, sufficient to decide it. If this offence had been committed upon the high seas, there could have been no doubt upon the question, either on principle or authority, and the offence then would have been committed clearly within the jurisdiction of the Admiralty, and therefore the Central Criminal Court would have stood in the' same position as if the offence had been committed within its jurisdiction on land (i). Then is the case different because the offence was committed when the vessel was lying in the Bordeaux river, some miles from its mouth, and not in the open sea? The pl^ce where the vessel was lying was in a navigable river, in a broad part of it, below all bridges, and at §521. Judgment of Bovill, G. J. The offence was within French territoiy. French law. American law. (g) biplomatie de la Mer (4th ed.), hk. ii. ch. 13, pp. 269—274. (h) Avis du ConseU d'Etat, 20 Novembre, 1806, given in Ortolan, vol. i. Annexe J. (i) 4 & 5 Wm. IV. 0. 36, s. 22. With respect to America, see the cele- brated judgment of Story, J., in De Lovio v. Boit, 2 Qallison (Amer. Kep.), 440 CRIMES ON THE HIGH SEAS. §531. Vessels of war and private ships. Absolute ex- territoriality of public ships denied. Case of John Brown. Opinion of Lord Stowell. Ships of war themselves not liable to civil process. Individuals on board not exempt. Opinion of Cockburn, C.J. a point where the tide ebbs and flows, and where great ships lie and hover. The cases that have been cited (/«) clearly show that the Admi- ralty has jurisdiction in such a case ; and if so, the case stands precisely the same as if the offence had been committed upon the high seas. On the whole, I have come clearly to the conclusion that the prisoner is amenable to British law, and that the conviction was right." A distinction, as regards the Jurisdiction of the country where the vessel is, has been made by many writers on international law, between ships of war and private merchant vessels, and it has been asserted that a public ship, -when lying in the territorial waters of a foreign state, and all persons and things on board of it, enjoy an absolute immunity from local jurisdiction and the operation of local law, on the ground that a public ship is part of the territory of the nation it belongs to (l). This subject has recently undergone an exhaustive discussion by the Eoyal Commission on Fugitive Slaves {m), and according to the opinions then expressed, it would seem that vessels of war do not enjoy this privilege absolutely («), but that the local authorities have jurisdiction over crimes committed on board by persons not connected with the ship, and over criminals taking refuge there. / In a case that occurred in 1819, John Brown, an English subject, took part in a Peruvian revolt, and was imprisoned for this at Lima. He escaped, and took refuge on board H.M.S. " Tyne," then lying in the harbour. The captain refused to give him up to the Peruvians. On application being made to Lord Stowell (then Sir "William Scott), for his opinion, he replied in a letter dated 18th November, 1820 : " Upon this question, proposed generalh/, I feel no hesitation in declaring that I know of no such right of protection belonging to the British flag, and that I think such a pretension is unfounded in point of principle, is injurious to the rights of other countries, and is inconsistent with those of onr own The common convenience of nations has for certain reasons and to a certain extent established in favour of ships of war, that they themselves shall not be liable to the civil process of the country in whose ports they are lying ; though even this immunity has been occasionally questioned. But that individuals merely belonging to the same country with the ship of war are exempted from the civil and criminal process of the country, in its ordinary jurisdiction of justice by getting on board such ship, and claiming what is called the protection of its flag, is a pretension which, however heard of in practice occasionally, has no existence whatever in principle" (o). Lord Chief Justice Cockburn in speaking of this letter (^), says that in the case of a criminal escaping from justice, or of one of our own (i) R. V. Jemot, Old Bailey, 28th Feb. 1812 ; R. v. Alien, 1 Moo. C. C. 494; U. S. V. ffolmes, 5 Wheat. (Amer. Eep.), 412 ; Thomas v. Lane, 2 Sumner (Ainer. Eep.), 1. (I) Ortolan, Diplomatie de la Mer, Uv. ii. c. x. p. 212. Hautefeuille, Des Droits et des Devoirs des Nations neutres. Historious, Letter to th6 Times, 4th Nov. 1875. And see Lampredi, Trattato del Commercio del Popoli Neutrali in Tempo di Gruerra (French translation by Peuchet), p. 140. (m^ See Report of the Commission. Parliamentary Papers, 1876 (C-^ 1516). (n) See Memoranda by Lord Chief Justice Cockburn, p. xxviii. of the Report, by Mr. Fitzjames Stephen, p. Ivi. by Mr. Eothery, p. Ixii. (o) See p. Ixxvi. of the Eeport. (p) See p. xlii. of the Keport. CRIMES ON THE HIGH SEAS. 441 subjects being confined in a foreign sbip, otit Courts of Justice would .probably take their stand on the law as laid down by so great an autho- rity as Lord Stowell. He also suggests that " The rule which reason and good sense would, as it strikes me, prescribe, would be that as regards the discipline of a foreign ship, and offences committed on board as be- tween members of her crew towards one another, matters should be left entirely to the law of the ship, and that, should the offender escape to the shore, he should, if taken, be given up to the commander of the ship on demand, and should be tried on shore only if no such demand be made. But if a crime be committed on board the ship, upon a local subject, or if, a crime having been committed on shore, the criminal gets on board a foreign ship, he should be given up to the local authorities. In which way the rule should be settled, so important a principle of international law ought not to be permitted to remain in its present unsettled state." " No state," says Mr. Fitzjames Stephen, " can be sup- posed, by permitting a foreign ship of war to enter its harbour, to have consented that its own subjects should be able to free themselves from its own laws by getting on board that ship " (fi). These opinions are sup- ported by modern writers on international law of great authority {r). How far the criminal jurisdiction of this country over foreigners not in British ships extends beyond the limit of the sea shore, is at present undecided. The subject has quite recently been exhaustively argued in the case of the Franconia,, but judgment was not delivered until this work had gone through the- press. §521. Discipline on board. Eefugees should be given up. Opinion of Mr. Fitzjames Stephen. Extent of jm-isdiction. Piracy. Piracy is robbery or a forcible depredation on the high seas, without lawful authority, and done animo furandi, and in the spirit and intention of universal hostility (s). Pirates are considered the enemies of the Can be tried hiraian race, and may be tried and punished in any country where they anywhere, may be found, as they are reputed to be out of the protection of all laws and privileges {t). As to offences committed within the jurisdiction of the Admiralty. 24 & 25 Vic. c. 94, s. 9. — ^Where any person shall, within the jurisdic- tion of the Admiralty of England or Ireland, become an accessory to any felony, whether the same be a felony at common law or by virtue of any Act passed or to be passed, and whether such felony shaJ.1 be committed within that jm-isdiction or elsewhere, or shall be begun within that jurisdiction and completed elsewhere, or shall be begun elsewhere and completed within that jurisdiction, the offence of such person shall be felony ; and in any indictment for any such offence the venue in the {q) See p. Ivii. of the Report. (r) Baron de Cussy, Phases et Causes C61dbres du Droit maritime des Nations, liv. L tit. ii. s. 60, p. 147 ; Bluntschli, Droit international (French ed. 1870), s. 321, p. 184, note. Phillimore on International Law, vol. i. p. 372. (s) Kent's International Law (Ahdy's ed. 1866), 427 ; U. S. v. Smith, 5 Wheaton (Amer. Rep.), 153. (t) Bynkershoek, Quaest. Jur. Pub. ch. xvii. As to the statutes relating to piracy and its punishments in this ooimtry, see Arohbold's Criminal Pleading (ed. 1871), p. 430 ; In re Tirnan, 5 B. & S. 645. 442 JURISDICTION, §§ 521, 532. margin shall be the same as if the offence had been committed in the county or place in which such person shall be indicted, and his offence shall be averred to have been committed " on the high seas ; " provided that nothing herein contained shall alter or aflect any of the laws relating to the government of Her Majesty's land or naval forces. Offences com- mitted within the jurisdic- tion of the Admiralty. Laroen/y. 24 & 25 Vict, c, 96 {The La/roeny Act, 1861), s. 115.— All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed xipon the land in England or Ireland, and may be dealt with, inquired of, tried and determined in any county or place in which the offender shall be apprehended or be in custody ; and in any indictment for any such offence, or for being an accessory to any Buch offence, the venue in the margin shall be the same as if the offence had been committed in such county or place, and the offence itself shall be averred to have been committed ' ' on the high seas ; " provided, that nothing herein contained shall alter or afiect any of the laws relating to the government of Her Majesty's land or naval forces. Service to be good if made personally, or on hoard ship. 522. Service of any summons or other matter in any legal proceeding under this Act shall be good service, if made per- sonally on the person to be served, or at his last place of abode, or if made by leaviag such summons for him on board any ship to which he may belong with the person being or appearing to be in command or charg'e of such ship. Service of order on'' master, &o. 39 & 40 Vict, c. 80, s. 35. — Where any order, notice, state- ment, or document requires, for the purpose of any provision of tMs Act (the Merchant Shipping Act, 1876), to be served on the master of a ship, the same shall be served, where there is no master, and the ship is in the United Kingdom, on the managing owner of the ship, or if there is no managing owner, on some agent of the owner residing in the United Kingdom, or where no such agent is known or can be found, by affixiug a copy thereof to the mast of the ship. Any such order, notice, statement or document, may be served by deUvering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode, or in the case of a master by- leaving it for him on board the ship with the person being or appeariug to be in command or charge of such ship. • . - , Any person who obstructs the service of any order, notice, statement, or document on the master of a ship shall incur a penalty not exceeding twenty pounds, and if the owner or master of the ship is party or privy to such obstruction he shall be guilty of a misdemeanor. LEGAL PEOCEDURE. 443 523. In all cases where any court, justice or justices of the g s peace, or other magistrate, has or have power to make an order 533-525. directing payment to be made of any seaman's wages, penalties, z "; r 4.1, i> ^1. -I, ^l ^ J- i J J. Sums ordered or other sums oi money, then, if the party so directed to pay to be paid the same is the master or owner of a ship, and the same is not leviable by- paid at the time and in manner prescribed in the order, the gjiip_ court, justice or justices, or other magistrate who made the order, may, in addition to any other powers they or he may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or poinding and sale of the said ship, her taclde, furniture, and apparel. 524. Any court, justice, or magistrate imposing any penalty Application of under this Act, for which no specific application is herein pro- ps'^^^'i^^- vided, may, if it or he thinks fit, direct the whole or any part thereof to be appUed in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such penalty is imposed, or to be applied in or towards payment of the expenses of the proceed- ings ; and, subject to such directions or specific appHcation as aforesaid, all penalties recovered in the United Kingdom shall be paid into the receipt of Her Majesty's exchequer in such manner as the Treasury may direct, and shall be carried to and form part of the consoUdated fond of the United Kingdom ; and all penalties recovered in any British possession shall be paid over into the public treasury of such possession, and form part of the pubhc revenue thereof. 525. The time for instituting summary proceedings under Limitation of this Act shall be limited as follows ; (that is to say,) summary (1.) No conviction for any offence shall be made under this proceedings. Act in anv summary proceeding instituted in the Jj^ United . -r^. ■• ni' 1- ■ 1 Kingdom. Umted Kmgdom, unless such proceedmg is commenced within six nionths after the commission of the offence ; or if both or either of the parties to such proceeding happen during such time to be out of the United Kingdom, unless the same is commenced within two months after they both first happen to arrive or to' be at one time within the same : (2.) No conviction for any offence shall be made under this In British Act in any proceeding instituted in any British posses- possessions.- sion, unless such proceeding is commenced within six 444 LEGAL PEOCEDUEE. 525-527. Orders for payment of money in TJnited Kingdom. In British possessions. Document proved with- out calling attesting wit- ness. Power of judge of Court of Record or Admiralty to arrest foreign ship that has occasioned months after the commission of the offence ; or if both or either of the parties to the proceeding happen during such time not to be within the jurisdiction of any court capable of dealing with the case, unless the same is commenced within two months after they both first happen to arriye or to be at one time within such jurisdiction : (3.) No order for the payment of money shall be made under this Act in any summary proceeding instituted in the United Kingdom unless such proceeding is commenced within six months after the cause of complaint arises ; or, if both or either of the parties happen during such time to be out of the United Kingdom, unless the same is commenced within six months after they both first happen to arrive or to be at one time within the same : (4.) No order for the payment of money shall be made under this Act in any summary proceeding instituted in any British possession, unless such proceeding is commenced within six months after the cause of complaint arises ; or, if both or either of the parties to the proceeding happen during such time not to be within the jurisdic- tion of any court capable of dealing with the case, unless the same is commenced within six months after they both first happen to arrive or be at one time within such jurisdiction : And no provision contained in any other Act or Acts, Ordi- nance or Ordinances, for limiting the time within which sum- mary proceedtQgs may be instituted shall affect any summary proceeding under this Act. 526. Any document required by this Act to be executed in the presence of or to be attested by any witness or witnesses, may be proved by the evidence of any person who is able to bear witness to the requisite facts, without calling the attesting witness or witnesses or any of them. 527. Whenever "any injury has, in any part of the world, been caused to any property belonging to Her Majesty or to any of Her Majesty's subjects by any foreign ship, if at any time thereafter such ship is found in any port or river of the United Kingdom or within three miles of the coast thereof, it shall be LEGAL PROCEDURE. 445 lawful for the judge of any court of record in the United §§ Kingdom, or for the judge of the High Court of Admiralty, or [527-539. in Scotland the Court of Session, or the sheriff of the county '' within whose jui-isdiction such ship may be, upon its being shown to him by any person applying summarily that such injury was probably caused by the misconduct or want of skiU of the master or mariners of such ship, to issue an order directed to any officer of customs or other officer named by such judge, requiriug him to detain such ship until such time as the owner, master, or consignee thereof has made satisfaction in respect of such injury, or has given security, to be approved by the judge, to abide the event of any action, suit, or other legal proceeding that may be instituted in respect of such injury, and to pay all costs and damages that may be awarded thereon ; and any officer of customs or other officer to whom such order is directed shall detain such ship accordingly. 528. In any case where it appears that before any applica- Power in cer- tion can be made under the foregoing section such foreign ship j'V'-^^^jfip" wiU have departed beyond the limits therein mentioned, it shall before appli- be lawful for any commissioned officer on full pay in the mili- cataon made tary or naval service of Her Majesty, or any British officer of customs, or any British consular officer, to detain such ship until such time as will allow such application to be made and the result thereof to be communicated to him ; and no such officer shall be liable for any costs or damages in respect of such detention unless the same is proved to have been made ■without reasonable grounds. 529. In any action, suit, or other proceeding in relation to who to be such injury, the person so giving security as aforesaid shaU be defendant to made defendant or defender, and shall be stated to be the cases. owner of the ship that has occasioned such damage ; and the production of the order of the judge made in relation to such security shall be conclusive evidence of the liability of such defendant or defender to such action, suit, or other proceeding. As a Connty Court is a Court of record, these sections conferred juris- diction on County Courts in such cases. Adrmralty Jurisdiction in the Colonies. By 12 & 13 Vict. c. 96, s. 1, all persons charged in any colony with , offences committed on the sea, may be dealt with in the same manner as if the offences had been committed on waters within the local juris- 446 LEGAL, PROCEDURE (SCOTLAND). 529-531. At trials in any colonial Courts by- virtue of Im- perial Acts, Courts em- powered to pass sentences as if crimes had been com- mitted in the colony. Mode of pro- cedure in criminal cases. diction of the Courts of the colony. By section 2 of the same Act, person^ convicted of such ofEenoes shall sufEer the like punishments as would he given them if convicted of similar offences in England. By the Courts (Colonial) Jurisdiction Act, 1874 (37 & 38 Vict. c. 27) s. 3, when, by virtue of any Act of Parliament now or hereafter to be passed, a person is tried in a Court of any colony for any crime or offence committed upon the high seas or elsewhere but of the territorial limits of such colony and of the local jurisdiction of such Court, or if committed within such local jurisdiction made punishable by that Act, such person shall, upon conviction, be liable to such punishment as might have been inflicted upon him if the crime or offence had been committed within the limits of such colony and of the local jurisdiction of the Court, and to no other, anything in any Act to the contrary not- withstanding : Provided always, that if the crime or offence is a crime or offence not punishable by the law of the colony in which the trial takes place, the person shall, on conviction, be liable to such punishment (other than capital punishment) as shall seem to the Court most nearly to correspond to the punishment to which such person would have been liable in case such crime or offence had been tried in England. (See s. 2, p. 2, as to the definition of a colony in this Act.) 17 & 18 Vict. c. 120, s. 15. — AH criminal proceedings under "The Seamen's Fund Winding-up Act, 1851," "The Pilot- age Law Amendment Act, 1853," "The Merchant Shipping Law Amendment Act, 1853," or this Act, shall be carried on in. the same manner as similar proceedings under " The Mer- chant Shipping Act, 1854 ; " and all rules of law, practice, and evidence which are applicable to such last-mentioned proceed- ings shall be applicable to criminal proceedings under this Act. Offences pxmishable as misde- meanors. Summaiy proceedings. Legal Procedure {Scotland). 530. In Scotland every offence which by this Act is de- scribed as a felony or misdemeanor may be prosecuted by in- dictment or criminal letters at the instance of Her Majesty's Advocate before the High Court of Justiciary, or by criminal libel at the instance of the Procurator Fiscal of the county before the Sheriff, and shall be punishable with fine and with imprisonment, with or without hard labour in default of pay- ment, or with imprisonment, with or without hard labour, or with both, as the court may think fit, or in the case of felony with penal servitude, where the court is competent thereto ; and such court may albo, if it think fit, order payment by the offender of the costs and expenses of the prosecution. 531. In Scotland, all prosecutions, complaints, actions, or proceedings under this Act, other than prosecutions for felonies or misdemeanors, may be brought in a summary form before liEGAL PEOCEDURE (SCQTLAND), 447 the sheriff of the county, or before any two justices of the §§ peace of the county or Jjijrgh where the cause of such prosecu- 531-533. tion or action arises,, or wl^ere tlie offejider or.^^fpjader jnay be for the time, and when of a criminal nature, or for penalties, at the instance of the procurator fiscal of court, or at the instance of any party aggrieved, with concurrence of the procurator fiscal of court ; and the court may, if it think fit, order payment by the offender or defender of the costs of the prosecution or action. 532. In Scotland, all prosecutions, complaints, actions, or other Form of proceedings under this Act may be brought either in a written '"""^ ^™*' or printed form, or partly written, and partly printed, and where such proceedings are brought in a summary form it shall not be necessary iu the complaiut to recite or set forth the clause or clauses of the Act on which such proceeding is founded, but it shall be sufBcient to specify or refer to such clause or clauses, ■ and to set forth shortly the cause of complaint or action, and the remedy sought ; and when such complaint or action is brought in whole or in part for the enforcement of a pecuniary debt or demand, the complaint may contain a prayer for war- rant to arrest upon the dependence. 533. In Scotland, on any complaiut or other proceeding Mode of re- brought in a summary form under this Act being presented to quiring ap- the sheriff-clerk or clerk of the peace, he shall grant warrant to defender and cite the defender to appear personally, before the. said sheriff or witnesses- justices of the peace on a day fixed, and at the same time shaU appoint a copy of the same to be delivered to him by a sheriff- pfiScer or constable, as the case may be, along with the citation ; and such dehverance shall also contain a warrant for citing witnesses and havers to compear at the same time and place to give evidence and produce such writs as may be specified in their citation ; and where such warrant has been prayed for in the complaint or other proceeding, the deliverance of the sheriff- clerk or clerk of the peace shall also contain warrant to arrest upon the dependence in common form : Provided always, that where the apprehension of any party, with or without a war- rant, is authorised by this Act, such party may be detained in custody until he can be brought at the earliest opportunity be- fore any two justices, or the sheriff who may have jurisdiction in the place, to be dealt with as this Act directs, and no cita- tion or induciffi shall in such case be necessary. 448 LEGAL PROCEDURE (SCOTLAND). 534-539. Backing arrestments. Compelling attendance of witnesses. Proceedings to be vivd voce. Power to adjourn. Sentence to be in writing. Imprison- ment to be inflicted in default of payment. 5 & 6 "W. 4, c. 70. Sentence and penalties in default of de- fender's ap- pearance. 534. When it becomes necessary to execute such arrestment on the dependence against goods or effects of the defender within Scotland, but not locally situated withiu the jurisdiction of the sheriff or justices of the peace by whom the warrant to arrest has been granted, it shall be competent to carry the war- rant into execution on its being endorsed by the sheriff-clerk or clerk of the peace of the county or burgh respectirely within which such warrant comes to be executed. 535. In aU proceedings under this Act in Scotland the sheriff or justices of the peace shaU have the same power of compel- ling attendance of witnesses and havers as in cases falling under their ordinary jurisdiction. 536. The whole procedure in cases brought in a summary form before the sheriff or justices of the peace in Scotland shall be conducted vivA voce, without written pleadiags, and without taking down the evidence in writing, and no record shall he kept of the proceedings, other than the complaint, and the sentence or decree pronounced thereon. 537. It shall be in the power of the sheriff or justices of the peace in Scotland to adjourn the proceedings from time to time to any day or days to be fixed by them, in the event of absence of witnesses or of any other cause which shaU appear to them to render such adjournment necessary. 538. In Scotland aU sentences and decrees to be pronounced by the sheriff or justices of the peace upon such summary com- plaints shall be in writing ; and where there is a decree for payment of any sum or sums of money against a defender, such decree shall contain warrant for arrestment, poinding, and imprisonment in default of payment, such arrestment, poinding, or imprisonment to be carried into effect by sheriffs-ofiS^cers or constables, as the case may be, in the same manner as in cases arising under the ordinary jurisdiction in the sheriff or justices : Provided always, that nothing herein contained shall be taken or construed to repeal or affect an Act of the fifth and sixth years of WiHiam the Fourth, intituled An Act for abohshing, in Scotland, Imprisonment for Civil Debts of small Amount. 539. In aU summary complaints and proceedings for recovery of any penalty or sum of money in Scotland, if a defender who has been duly cited shall not appear at the time and place re- quired by the citation, he shall be held as confessed, and sen- tence or decree shall be pronounced against him in terms of the LEGAL PROCEDURE (SCOTLANB). 449 complaint, with such costs and expenses as to the court shall s § seem fit : Provided always that he shall be entitled to obtain 539..543. himself reponed against any such decree at any time before the same be fully implemented, by lodging with the clerk of court a reponing note, and consigning in his hands the sum decerned for, and the costs which had been awarded by the court, and on the same day deliyering or transmitting through the post to the pursuer or his agent a copy of such reponing note ; and a certificate by the clerk of court of such note having been lodged shall operate as a sist of dihgence till the cause shall have been reheard and finally disposed of, which shall be on the next sitting of the court, or on any day to which the court shall then adjourn it. 540. In all summary complaints or other proceedings not Warrants to brought for the recovery of any penalty 6r sum of money in defeult of Scotland, if a defender being duly cited, shall fail to appear, appearance, the sheriff or justices may grant warrant to apprehend and bring him before the court. 541. In all cases where sentences or decrees of the sheriff or Backing sen- justices require to be enforced within Scotland,- but beyond the decrees?"^ jurisdiction of the sheriff or justices by whom such sentences or decrees have been pronounced, it shall be competent to carry the same into execution upon the same being indorsed by the sheriff-clerk or clerk of the peace of the county or burgh within which such execution is to take place. 542. No order, decree, or sentence, pronounced by any sheriff Orders not to or justice of the peace in Scotland under the authority of this for want of Act shall be quashed or vacated for any misnomer, informality, fonn ; and to or defect of form ; and all orders, decrees, and sentences so pronounced shall be final and conclusive, and not subject to suspension, advocation, reduction, or to any form of review or stay of execution, except on the ground of corruption or mahce on the part of the sheriff or justices, in which case the suspen- sion, advocation, or reduction must be brought within fourteen days of the date of the order, decree, or sentence complained of : Provided always, that no stay of execution shall be com- petent to the effect of preventing immediate execution of such order, decree, or sentence. 543. Such of the general provisions with respect to juris- diction, procedure, and penalties contained in this Act as are G G 450 ADMIRABTr COURTS. § 543. General rules, so far as ap- plicable, to extend to penalties, and proceedings in Scotland. not inconsistent with' the special rules hereinbefore laid down for the conduct of legal proceedings and tlie recovery of penal- ties in Scotland, shall, so far as the same are applicable, extend to such last-mentioned proceedings and penalties : Ptovided always that nothing in this Act contained shall be held in any way to annul or restrict' the common law of Scotland with regard to the prosecution or punishment of offences at the instance or by the direction of the Lord Advocate, or the rights of owners or creditors in regard to enforcing a judicial sale of any ship and tackle, or to give to the High Court of Ad-, miralty of England any jurisdiction in respect of salvage in Scotland which it has not heretofore had or exercised. Admiralty Court merged in the High Court. Appeals. Antiquity of Admiralty Court. Its ancient jurisdiction. ADMIRALTY COURTS. Protate, Divorce, and AdmA/ralty Diliuion of tlw High Court of Jttstice. The High Court of Admiralty, which formerly existed as an inde- pendent Court, is now merged in the High Court of -Justice, and its jurisdiction is transferred to the High Court by the " Judicature Act, 1873 " (x). Causes and matters which would have been within the exclusive cognisance of the High Court ,of Admiralty if the Judicature Acts had not passed, are to be assigned to the Probate, Divorce, and Admiralty Division of the High Court {y), and such causes and matters are to be as- signed to the then Judge qf the Admiralty Court (a) . Any cause or matter assigned to the Probate Division, Inay be heard at the request of the President of the Division, and With the concurrence of the President of the High Court (the Lord Chancellor), by any other Judge of the High Court (a). Appeals from the Admiralty Court used formerly to go direct to the Privy Council. They are now taken first to the Court of Appeal (i). All rules and orders of Court in force at the time of commencement of the " Judicature Act, 1,875 " (c),' unless they are expressly varied by the rules in the first schedule to that Act, or by Order in Council made before the commencement of that Act, remain in force in the High Court of Justice ( Commission on charter- party. Prize and slave trade causes. As to transfer from County Court by order of High Court of Admiralty. As to transfer of causes by order of County Court to High Court of Admiralty. As to transfer of causes to other County Courts or Court of Admiralty. Restrictions on proceed- ings in the Court of Admiralty or Superior Court. (s) Cargo ex Argos, The Sewsons, L. K. 5 P. C. 134 ; 1 Asp. Mar. Law Gas. 519. (t) The Nuova Baffadlina, L. R. 3 A. & E. 483. (u) 31 & 32 Vict. c. 71, s. 4. Ui COUNTY COURTS' ADMIRALTY ' JURISDICTION. ? 543. Right to costs. Payment of costs. Salvage suits and bonds. Judge as arllitratoi'. Court of Admiiiilty or of a Sfippiioj" Court before wljom tlie cause is tried or he^rd' shall certify that it was a proper Admiralty cause to be tried in the High Court of Admiralty of England, or in a Superior Court. ■ The right to costs under this section depends on the amount recovered, a,nd therefore, although a larger sum may be claimed, yet if the amount recovered does not exceed the limit of the jurisdiction, the plaintiS is not entitled to costs. Payment of money into Court,, and acceptance out of Court, is a recovery within the meaning of this section (x). There are two modes of avoiding being condemned in costs in proceed- ings which might have been taken in the County Court. A plaintiff may apply to the Admiralty Court for an order to proceed there, before pro- ceedings are instituted, or the Court may certify for costs at the end of the hearing. This section only gives power to grant orders to proceed in the Admiralty Court before p,ny piroceedings have been instituted (y). Where thevalue of property ^aved is' less than 1000^., but a salvage suit is instituted for more than 300Z., such suit may properly be tried in the Admiralty Court (2). As it is doubtful whether County Courts can enforce salvage bonds given to receivers of wreck (see s. 448, p. 372), leave will be given to proceed in the Admiralty Court in such case (a). Section 458 of the principal Act enacts, that in certain cases a rea- sonable amount of salvage shall be paid, and by s. 460, if the sum claimed does not exceed 2002., disputes are to be referred to the arbitra- tion of two justices of the peace, or (h) to a County Court judge. This latter provision relating to the County Court judge must be coistrued with the enactment that restricts his jurisdiction to cases when the value of the property salved does not exceed 10002. Thus where the sum claimed exceeds 2002., but the value of the property salved is less than 10002., a County Court judge has jurisdiction. And when parties appear before him as an arbitrator, in matters relating to the Merchant Shipping Acts, the ordinary rules of the County Court are to be adopted so fax as they are applicable (0). Arrest of ship. Security for costs. The County Court judge may, in causes of salvage, towage, or collision, if he thinks fit, or on the request of either party, summon to his assist- ance two nautical (d) or two mercanyie assessors (e). He may also order the arrest of a vessel if there is evidence that it' is probable she will be removed out of the jurisdiction (/). Appeals. An appeal formerly lay to the Admiralty Court, by permission of the County Court judge, on security for costs being given (g"). The security (x) Mewitt V. Ooiry, 39 L. J. Q. B. 2,79. ly) The Loretta, 1 Asp. Mar. Law Cas. 19 ; 24 L. T. N. S. 605 ; The Beaumaris Castle, 40 L. J. (Ad.). 41. (z) TJie Empress, L. R. 3 A. & E. 502. (a) The John Evams, 2 Asp. Mar. Law Cas. 234. (ft) 25 & 26 Vict._c. 63, s. 49^ - J. Q. B. 171 ; The William cmd John, (c) 32 & 33 Vict. c. 51, a. 6. (g) 31 & 32 Vict. 0. 71, s. 26. (c) BeadmeU v. Beeson, 37 L. Lush. 583. {d) 31 & 32 Vict. c. 71, s. 11. (/) 31 & 32 Vict. .;. 71, a. 22. APPEALS FROM COUNTY COURTS. 455 had to be given iu the County Court and not in the Admiralty Court, and before the appeal was lodged in the registry (/t). By the Judicature Act, 1S73 (I), all appeals from County Courts may be heard and determined by Divisional Courts of the High Com't. But by s. 42 of that Act, " all causes or matters -which if this Act had not passed would have been within the exclusive cognisance of the High Court of Admiralty shall be assigned to the present judgeof the said Admiralty Court (k) during hia continuance in office as a judge of the High Court." As before the Judicature Acts, Admiralty appeals from County Courts were within the exclusive cognisance of the Admiralty Court, it has been held that appeals from them still lie to the above judge and not to a Divisional Com't (l). This view is supported by the fact that the County Com-t Act, 1875 (m), which was passed a little later than the Judicature Act, 1875 contemplates the Admiralty Com-t as the only Court of Appeal. Appeals are not allowed, if before the decree is made, the parties have agreed by a memorandum signed by them, or by their solicitors or agents, that the decree or order shall be final (n). §543. Appeals lie to the present Admiralty Judge. Further Appeal. 38 & 39 Vict. c. 50, s. 10. — There shall be no appeal from a decree or As to appeals order of the High Court of Admiralty of England made on appeal from to the Queen the County Court when such decree or order aifirms the judgment of the in Council in County Court, except by express permission of the Judge of the High Aamnalty Court of Adnuralty. AVhen upon an appeal the High Court of Admiralty '^^^^• alters the judgment of the County Court, no leave to appeal to Her Majesty in Council shaU be necessary (o). It is presumed the same rule applies with respect to going to the Appeals to Court of Appeal, as such appeals do not now go to the Privy Council. Com-t of The Admiralty Court Judge will allow an appeal in the following cases Appeal, only : Where the law is doubtful or novel in its application ; where the 'When appeals facts are such as to leave a substantial doubt upon the mind of the Court will be whether the conclusion at which it has arrived be right ; and where the allowed, pecuniary interest is large (p). No appeal shall be allowed unless the amount decreed or ordered to be due exceeds 501. [q) ; but this only applies when an amount has been decreed, or ordered to be due (r). Cross suits that have been heard together, must be treated as separate with respect to the institution of appeals {s). 38 & 39 Vict. c. 50, s. 11. — Where an Admiralty cause has been heard in what cases in the County Court, with the assistance of nautical assessors. Elder assessors shall Brethren of the Trinity House shall be summoned to assist on the hearing be summoned, of an appeal by the High Court of Admiralty, if either party shall re- (h) The Forest Queen, L. E. 3 A. & E. 302. (i) 36 & 37 Vict. o._66, s. 45. (A) Sir Robert PMllimore. (l) The Two Brothers, 1 P. D. 55. (m) 38 & 39 Vict. c. 50, ss. 10, 11. In) 31 & 32 Vict. c. 71, s. 28. (o) 38 & 39 Vict. 0. 50, s. 10. {p) The Samuel Laing, L. E. 3 A. & E. 285. (q) 31 & 32 Vict. c. 71, s. 31. (»•) The Doctor Van Thunnen TeUow, 17 W. E. or other persons administering the relief of the poor, such overseers, guardians, or other persons may, by letter sent through the post or otherwise, give notice' thereof in writiii^ to the Secretary of the Court of Directors of the East India Company, specilying, so far as is practicable, the following particulars; viz., 1. The name of the person so relieved or maintained : 2'. The presidency or district or part of the territories of the East India Company of which he professes to be a native : 3. The name of the ship in which he was brought to the United Kingdom : 4. The port or place abroad from which such ship, sailed, and the port or place in the United Kingdom at whicli such ship arrived, when he was so brought to the United Kingdom, and the time of such arrival: And the said East India Company shaU repay to the said overseers, guardians, or other persons, out of the revenues of the said Company, all monies duly expended by them in rehev- ing or maintaining such destitute person, after the time at which such notice aforesaid is sent or otherwise given. See, also, as to natives of Asia, Africa, &o. , being left destitute, under s. 213, p. 190. 545. This section provides that nothing in the Act shall repeal m alter anything in the now repealed " Passengers Acts." 546. The municipal corporation of any borough, being a Corpdrations, seaport in the United Kingdom, and any body corporate, asso- f^pj^J^^gj^g ^y elation, or trustees in any such seaport, existing or constituted sailors' homes. for any public purposes relating fo the government or benefit of persons engaged in the British merchant service, or to' the management of docks and harbours, or for any other public purposes connected with shipping or navigation, may, with the consent of Her Majesty's Secretary of State for the Home Department, appropriate any lands vested in them or in trustees for them as a site or sites for a sailors' home or sailors' homes, 464 DELIVERY OP GOODS. 546-548. Power of colonial legis- latures to alter provisions of Act. Expenses incurred by Commis- sioners of Customs to be paid out of the Con- solidated Customs. and may for that purpose either retain and apply the same accordingly, or conyey the same to triistees, with such powers for appointing new trustees and continuing the trust as they think fit. 547. The legislatire authority of any British possession shall have power, by any Act or Ordinance, confirmed by Her Majesty in Council, to repeal, wholly or in part, any provisions of this Act relating to ships registered in such possession ; but no such Act or Ordinance shall take effect until such approval has been proclaimed in such possession, or until such time thereafter as may be fixed by such Act or Ordinance for the purpose. 5-48. All expenses incurred by'the Commissioners of Customs in the conduct of suits or prosecutions, or otherwise in carrying into effect the provisions of this Act, shall be considered as expenses having reference to the revenue of customs, and shall be paid out of the ConsoUdated Customs; but the Board of Trade may, with the consent of the Treasury, repay out of the Mercantile Marine Fund aU or any part of such of the expenses so paid as are by the provisions of this Act chargeable on the said fund. Ougtoms Lares. The statute laws relating to customs, which up to this year (1876) had filled 600 folio pages in various parts of the statute books, are now con- solidated into one Act of 290 sections — the " Customs Consolidation Act, 1876 " (39 & 40 Vict. c. 36). It has therefore been thought needless to insert any provisions relating to customs in this work, now that there is no difficulty in ascertaining what the statute law may be on any particular point. Power to shipowner to enter and land goods in default of entry and landing by owner of Delivery of Goods andLwyifor Freight. The enactments under this heading, although they do not relate to what is strictly the scope of this work, are here inserted because they form part of the " Merchant Shipping Act, 1862." As to the definitions of the terms used below, see s. 2, p. 6. 25 & 26 Vict. c. 63, s. 67. — Where the owner of any goods imported in any ship from foreign parts into the United King- dom fails to make entry thereof, or having made entry thereof to land the same or take delivery thereof and to proceed there- with with aU conveniept speed, by the times severally hereinafter- mentioned, the shipowner may make entry of and land or unship the said goods at the times, in the manner, and subject to the conditions following ; (that is to say) DELIVERY OF GOODS. 465 The object of tMs section is to proTide for unloading the ship without c 548 undue delay. Its application is restricted to goods from foreign parts, — ? '— and to ports of the United Kingdom, but any shipowner, whether British or foreign, may avail himself of it. It has been held that the word " failed " need not be taken to imply wilful default in the cargo owner ; but that upon the true construction of the section the shipowner is at liberty to land the goods under it, whenever the delivery of them to the owner within proper time has been prevented by the force of circum- stances, whether the latter is or is not to blame (i). (1.) If a time for the delivery of the goods is expressed in Time of the charter party, bill of ladiag, or agreement, then at delivery, any time after the time so expressed : (2.) If no time for the delivery of the goods is expressed in the charter party, bill of lading, or agreement, then at any time after the expiration of seventy-two hours, ex- clusive of a Sunday or holiday, after the report of the ship: (3.) If any wharf or warehouse is named in the charter party, Wharf or bill of lading, or agreement, as the wharf or warehouse warehouse. where the goods are to be placed, and if they can be conveniently there received, the shipowner in landing them by virtue of this enactment shall cause them to be placed on such wharf or in such warehouse : (4.) In other cases the shipowner in landing goods by virtue of this enactment shall place them in or on some wharf or warehouse on or in which goods of a like nature are usually placed ; such wharf or warehouse being, if the goods are dutiable, a wharf or warehouse duly approved by the commissioners of customs for the landing of dutiable goods : (5.) If at any time before the goods are landed or unshipped offer of owner the owner of the goods is ready and offers to land or to land goods, take deUvery of the same, he shall be allowed so to do, and his entry shall in such case be preferred to any entry ( which may have been made by the shipowner : ' (6.) If any goods are, for the purpose of convenience in assorting the same, landed at the wharf where the ship is discharged, and the owner of the goods at the time of such landing has made entry and is ready and offers to take delivery thereof, and to convey the same to some other wharf or warehouse, such goods shall be assorted at landing, and shall if demanded be delivered to the owner thereof within twenty-four hours after assortment ; and the expense of and consequent on such landing and assortment shall be borne by the shipowner : (7.) If at any time before the goods are landed or unshipped (5) The Energie, Miedbrodt v. Pitzsimon, L. B. 6 P. C. 316. H H 466 LIEN i'OK FREIGHT. § 548. ^^^ owner thereof has made entry for the landing and '- — warehousing thereof at any particular wharf or ware- house other than that at which the ship is discharging, and has offered and been ready to take delivery thereof, and the shipowner has failed to make such delivery and has also failed at the time of such offer to give the owner of the goods correct information of the time at which such goods can be delivered, then the shipowner shall, before landing or unshipping such goods under the power hereby given to him, give to the owner of the goods or of such wharf or warehouse as last aforesaid twenty-four hours notice in writing of his readiness to deliver the goods, and shall, if he lands or unships the same without such notice, do so at his own risk and expense. Intention of These and the following provisions are designed hoth to give the the Act; master the means of discharging the cargo, retaining his lien, and to give the cargo owner the means of obtaining his goods by the deposit of a sum sufficient to cover the master's claim. But. they do not extend to the lien. The Hen for the warehouse rent, and charges occasioned by a landing, under the 67th section, is another and distinct lien created by the 76th section (see p. 469) (e). If, when goods are landed, the shipowner give notice for that purpose, the lien for freight is to continue. 25 ,& 26 Vict. c. 63, s. 68. — If, at the time when any goods are landed from any ship and placed in the custody of any person as a wharf or warehouse owner, the shipowner gives to the wharf or warehouse owner notice ia writing that the goods are to remaia subject to a lieii for freight or other charges payable to the shipowner to an amount to be mentioned in such notice, the goods so landed shall, in the hands of the wharf or warehouse owner, continue hable to the same lien, if any, for such charges as they were subject to before the landing thereof: and the wharf or warehouse owner receiving such goods shall retain them until the hen is discharged as hereinafter mentioned, and shall, if he fail so to do, make good to the shipowner any loss thereby occasioned to him. If the master wilfully inserts in his notice a sum which he knows to be in excess of that for which he had a lien before delivery, he not only in- juriously affects the cargo owner, by compelling him to deposit more than the statute requires, in order to release his goods, but intends to produce that result by duress of the goods ; and thus the delivery to the warehouse keeper is tantamount to a wrongful detention of the goods, and, as such, an actionable breach of duty. Although the 69th section gives the cargo owner the means of releasing his goods otherwise than by a deposit of the sum specified in the notice, viz., by obtaining from the. (c) The Energie, L. R. 6 P. C. 316. LtM FOR FEEIGax. 46*7 shipowner either a receipt for the amount claimed as due, or a release of freight, yet when the goods are wrohgfillly detained by the shit)0*net for an excessive demand, it is not to be assumed in his favour that he would give such a receipt or release upon the offer of a suia less than that demanded, and payment to the shipowner under protest would put the cargo owner in a worse position than he would be by a deposit of the sum claimed ; since, in the latter case, the shipowner would have to establish his claim ultra the amount admitted by proceedings under the 72nd sestion ; whereas, in an action to recover the money paid under protest the burden of proof would lie on the plaintiff, the cargo owner (d). § 54§. 25 & 26 Vict. c. 63, s. 69.— Updn the production to tlie wharf or warehouse owner of a receipt for the amount claimed as due, and delivery to the wharf or warehouse owner of a copy thereof or of a release of freight from the shipowner the said lien shall be discharged. 25 & 26 Vict. c. 63, s. 70.— The owner of the goods may deposit With the wharf or warehouse owner a sum of moUey equal in amount to the sum so claimed as aforesaid by the shipowner, and thereupon the lien shall be discharged ; biit without prejudice to any other remedy which the shipowner may have for the recovery of the freight. 25 & 26 Vict. c. 63, s. 71. — If such deposit as aforesaid is made with the wharf or warehouse owUer, and the person making the same does not within fifteen days after making it give to the wharf or w6r6house oWUer ilOtice in writing to retain it, stating iti Such notice the sum, if any, which he admits to be payable to the shipoWtier, or, as the case may be, that he does not admit any sUm to be so payable, the wharf or ware- house owner may, at the expiration of sUch fifteen days, pay the sum so deposited over to the shipowner, and Shall by such payment be discharged from all liabiKty in respect thereof. 25 & 26 Vict. c. 63j s. 7:2. — If such deposit as. afbresaid is made with the wharf or warehouse owner, and the person making the same does within fifteen days after making it give to the wharf or warehouse owner such notice in writing as aforesaid, the wharf or warehouse owner shall immediately apprise the shipowner of such notice, and shall pay or tender to him out of the sum d.eposited, the sum, if anyj admitted by such notice to be payable, and shall retain the remainder or balance, or, if no sum is admitted to be payable^ the whole of the sum deposited, for thirty days from the date of ithe said notice ; and at the expiration of such thirty days^' unless legal proceedings have in the meantime been instituted by the ship- owner against the owner of the goods to recover the said balance or sum or otherwise for the settlement of any disputes Lien to be discharged on proof of payment. Lien to be discharged on deposit with warehouse "Warehouse owner may at the end of fifteen days, if no notice is given, pay deposit to shipowner. Course to be taken if notice to retain is given. (d) TheEnergie, L. B. 6 P. C. 317. HH 2 468 LIEN FOE FREIGHT. §548. After ninety days ware- house owner may sell goods ■fay public auction. Notices of sale to be given. Monies arising from sale, how to be applied. which may have arisen between them concerning such freight or other charges as aforesaid, and notice ia writing of such pro- ceedings has been served on him, the wharf or warehouse owner shall pay the said balance or sum over to the owner of the goods, and shall by such payment be discharged from all liability in respect thereof. 25 & 26 Vict. c. 63, s. 73. — If the lien is not discharged, and no deposit is made as hereinbefore mentioned, the wharf or warehouse owner may, and, if required by the shipowner, shall, at the expiration of ninety days from the time when the goods were placed in his custody, or, if the goods are of a perishable nature, at such earlier period as he in his discretion thinks fit, sell by public auction, either for home use or exportation, the said goods or so much thereof as may be necessary to satisfy the charges hereinafter mentioned. 25 & 26 Vict. c. 63, s. 74. — Before making such sale the wharf or warehouse owner shall give notice tjfiereof by adver- tisement in two newspapers circulating in the neighbourhood, or in one daily newspaper J)ublished in London and in one local newspaper, and also, if the address of the owner of the goods has been stated on the manifest of the cargo, or on any of the documents which have come iato the possession of the wharf or warehouse owner, or is otherwise known to him, give notice of the sale to the owner of the goods by letter sent by the post ; but the title of a lon&fide purchaser of such gooM shall not be invalidated by reason of the omission to send notice as hereiubefore mentioned, nor shall any such purchaser be bound to inquire whether such notice has been sent. 25 & 26 Vict. c. 63, s. 75. — In every case of any such sale as aforesaid the wharf or warehouse owner shall apply the monies received from the sale as follows, and in the following order : — (1.) If the goods are sold for home use, in payment of any customs or excise duties owing in respect thereof : (2.) In payment of the expenses of the sale : (3.) In the absence of any agreement between the wharf or warehouse owner and the shipowner concerning the priority of their respective charges, in payment of the rent, rates, and other charges due to the wharf or ware- house owner in respect of the said goods : (4.) In payment of the amount claimed by the shipowner as due for freight or other charges in respect of the said goods: (5.) But in case of any agreement between the wharf or warehouse owner and the shipowner concerning the priority of their respective charges, then such charges shall have priority according to the terms of such agreement : LIEN FOR FREIGHT. 469 and the surplus, if any, shall be paid to the owner of the § 548, goods. 25 & 26 Vict. c. 63, s. 76. — Whenever goods are placed in 'Warehouse, the custody of a wharf or warehouse owner under the authority owner's rent of this Act, the said wharf or warehouse owner shall he entitled ^^^ expenses, to rent in respect of the same, and shall also have power from time to time, at the expense of the owner of the goods, to do all such reasonable acts as in the judgment of the said wharf or warehouse owner are necessary for the proper custody and preservation of the said goods, and shall have a lien on the said goods for the said rent and expenses. . 25 & 26 Yict. c. 63, s. 77. — Nothing in this Act contained "Warehouse shall compel any wharf or warehouse owner to take charge of T^^^^ ^ ^^°' any goods which he would not be liable to take charge of if this Act had not passed ; nor shall he be bound to see to the validity of any hen claimed by any shipowner under this Act. 25 & 26 Vict. c. 63, s. 78. — Nothing in this Act contained Saving powers shall take away or abridge any powers given by any local Act ^f^^ ^°'^^^ to any harbour trust, body corporate, or persons whereby they are enabled to expedite the discharge of ships or the landing or delivery of goods ; nor shall anything in this Act contained take away or diminish any rights or reniedies given to any shipowner or wharf or warehouse owner by any local Act. END OF THE MERCHANT SHIPPING ACTS. THE PASSENGEES ACTS. 1855-1870. (CONSOLIDATED.) The " Passengers Act, 1855," 18 & 19 Vict. c. 119. The " Passbngees Act Amendment Act, 1863," 26 & 27 Vict. c. 51. The '^ Passengers Act Amendment Act, 1870," 33 & 34 Vict. c. 95. Whereas it is expedient to amend " The Passengers Act, 1852 " : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- ment assembled, and by the authority of the same, as follows : — 1. Repealed ly the Statute Law Revision Ad, 1875. §§ 1, 2. 2. This Act maybe cited for all purposes as "The Pas- TTT ' sengers Act, 1855 " ; the amendment Act, 1863, may be cited citation, as " The Passengers Act Amendment Act, 1863 " (26 & 27 Yict. c. 51, s. 1); and the amendment Act, 1870, maybe cited as " The Passengers Act Amendment Act, 1870." These three Acts shall be construed as one (26 & 27 Yict. p. 51, s. 18, and 33 & 34 Yict. e. 95, s. 2). Tlw Passenger's Contraat. There is no warranty on the part of a carrier of passengers, that he No warranty, will convey the passengers safely to their idorney's end. The contract Contracts to of such a carrier, and the obligation undertaken by him, are to take due take due care, care (including in that term the use of skill and foreaght) to carry a 472 passenger's conteact. §§ 2, 8. No warranty of seaworthi- Time of sailing. money. Food. Definition of ; terms used in this Act. passenger safely (a). He is only responsible, if there has been negli- gence, or the absence of due care, on his part (i). As regards ships carrying passengers, there is no absolute warranty of the seaworthiness of the ship. (As to seaworthiness, see s. 291, p. 244.) The owner must do his best to make the vessel seaworthy, by putting her into proper repair, and engaging a competent crew ; but he does not undertake to land the passenger safely at all events (o). When a vessel is advertised to sail by a certain date, and does not, the ship- owner will be entitled to recover, or keep, half the passage-money of a person who refuses to embark after having engaged a passage, unless either time was of the essence of the contract, or the delay in sailing was unreasonable (cq)t cabin passengers " (see s. 3 ofthis Act, p. 473). 5. Repeated by the Statute Law Revision Act, 1875. /Sections 6 and 7. By section 6 Emigration Commissioners were appointed to. carry out Emigration this Act, and by section 7 they were enabled to sue and be sued in Commis- j. ii . i sxoners. the name of their secretary. These sections are repealed as follows : — 35 & 36 Vict. c. 73, s. 5. — The sixth and seventh sections, Transfer tp of the Passengers Act, 1855, except so much of the latter sec- Board of Trade tion as provides for the immunity of emigration officers, shall autiero? ™ be repealed, and all powers and duties vested in or imposed on Emigration the Emigration Commissioners by the Passengers Act, 1855, Commis- and the Passengers Act Amendment Act, 1863, shall be trans- sioners. ferred to and imposed on the Board of Trade; In the construction and for the purposes of the said Acts, the name of the Board of Trade shall be deemed to be sub- stituted for the name of the Emigration Commissioners and anything which might, if this Act had not passed, have been done by the Emigration Commissioners whether acting inde- pendently or imder the sanction or anthority of one of Her Majesty's principal secretaries of state, may be done by the Board of Trade independently of such sanction or authority. 476 EMIGRATION OFFICERS. §§ 7-10. Board of Trade exempt from liability. Part of section 7 still MwrepefflW— Provided always that the said Board of Trade and their secretary, and the emigration officers hereinafter mentioned respectively, shall in no ease be personally liable, nor shall the private estate and eiFects of any of them be liable, for the payment of any moneys or costs or otherwise in respect of any contract made or hereafter to be made by them or any of them, or in respect of any legal or equitable proceedings taken against them or any of them, or for any act, deed, or matter done or executed by them or any of them in their or his official capacity and on the public service. The Board of Trade is substituted for the Emigration Commiseioners throughout this Act, without reference being made to the enactment making the change. Emigration officers and assistants to act under the Board of Trade, but existing appointments to continue until revoked. Duties by- assistant or by oificer of customs. Facilities to be given to oficers for the inspection of ships fitting for passengers. 8. In the United Kingdom the Board of Trade, and in Her Majesty's possessions abroad, the respective governors thereof, may from time to time appoint, and the said Board and " governors may at pleasure from time to time remove, such emigration officers and assistant emigration officers as they may respectively think necessary, for the purpose of carrying this Act into execution, under the direction of the said Board or governors, as the case may be : Provided, nevertheless, that all existing appointments of emigration officers or immigration agents and of their assistants, as well in the United Kingdom as in Her Majesty's possessions abroad, shall continue in force under this Act until duly revoked. 9. All powers, functions, and duties to be exercised or per- formed by any such emigration officer, may be exercised and per- formed respectively by his assistant, or, at any port where there shall be no such emigration officer or assistant, or in their ab- sence, by the chief officer of customs for the time being at such port. 10. The master of every ship, whether a " passenger ship " or otherwise, fitting or intended for the carriage of passengers, or which shall carry passengers upon any voyage to which this Act extends, shall afford to such emigration officer as aforesaid at any port or place in Her Majesty's dominions, and in the case of British ships to Her Majesty's consular officer at any foreign port or place at which such ship shall be or arrive, every facility for inspecting such ship, and for communicating CERTIFICATE OF CLEARANCE. 477 with the passengers, and for ascertaining that the provisions §§ 10-11. of this Act, so far as the same may be apphcable to such ships, have been duly complied with ; the master of any ship who penalty. shall omit or fail to comply with any of the requirements of this section shall be liable to a penalty not exceeding 50?. Arrangements for the Ship. 11. No ship fitted or intended for the carriage of passengers No passenger as a " passenger ship " shall clear out or proceed to sea until the without cer- master thereof shall have obtained from the emigration officer tificate from at the port of clearance a certificate of clearance under his hand officer, nor that all the requirements of this Act, so far as the same can be '°-'°^^\ ^°^^ complied with, before the departure of such ship, have been the Crown, duly complied with, and that such ship is, in his opinion, sea- worthy, in safe trim, and in all respects fit for her intended voyage, and that her passengers and crew are in a fit state to proceed, nor until the master shall have joined in executing such bond to the crown as required by the sixty-third section of this Act : Provided, that if such emigration officer shall refuse to grant such certificate, and the owner or charterer of such ship shall appeal in writing to the Board of Trade, such Board shall appoint any two emigration officers, or any two competent persons, at the expense of the appellant, to examine into the matter, and if the persons so appointed shall grant a certificate under their joint hands to the purport hereinbefore required, such certificate shall be held to be of the same effect as if granted by the emigration officer of the port of clearance. {As to survey, see s. 19, jp. 486.) 26 & 27 Yict. c. 51, s. 13. — If any passenger ship shall Forfeiture of clear out or proceed to sea without the master having first ob- ship if master tained such certificate of clearance, or without his having ^^^^j^^o^*). joined in executing such bond to the Crown as by the said certificate of "Passengers Act, 1855," are required, or if such ship, after clearance, &g. having put to sea, shall put into any port or place in the United Kingdom in a damaged state, and shall leave or attempt to leave such port or place with passengers on board without the master having first obtained such certificate of clearance as is required by section fifty of the said "Pas- sengers Act, 1855," such ship shall be forfeited to the use of Her Majesty, and may be seized by any officer of customs, if found, within two years from the commission of the offence, in 478 CERTIFICATE OF CLEARANCE. §11. Such ship to he dealt with as if seized under customs laws. Power to Board of Trade to release ships on pay- ment of a sum of money. any port or place in Her Majesty's dominions ; and such ship shall thereupon be dealt with iji the same manner as if she had been seized as forfeited for an offence incurring forfeiture under any of the laws relating to the customs : Provided that it shall be lawful for the Board of Trade to release, if they shall think fit, any such forfeited ship from' seizure and for- feiture, on payment by the owner, charterer, or master thereof to the use of Her Majesty, of such sum not exceeding two thousand pounds as the said Board may by any writing specify. These powers were transfered from a Secretary of State to the Board of Trade by 35 & 36 Vict. c. 73, s. 7. Appeal on refusal of certificates under the Acts. 39 & 40 Vict. c. 80, (pari of) s. 14. — And whereas under sections eleven and fifty of the Passengers Act, 1855, and the enactments amending the same, a passenger ship within the meaning of those sections (in this Act referred to as an emigrant ship) cannot lawfully proceed to sea without a certificate of clearance from an emigration officer, or other officer in those sections mentioned, showing that all the requirements of the said sections and enactments have been complied with, and that the ship is in the officer's opinion seaworthy, and that the passengers and crew are in a fit state to proceed to sea, and otherwise as therein mentioned j * # # « « And whereas it is expedient to give in the said cases such appeal as hereinafter mentioned : Be it therefore enacted that — If a shipowner feels aggrieved, * « # » * (2.) by the refusal of a certificate of clearance for an emi- grant ship under the above-recited enactments, * # * # » the owner may appeal in the prescribed manner to the court of sutvey for the port or district where the ship for the time being is. On such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal, and the Board of Trade, when satisfied that the requirements of the report and the other provisions of the said enaotmetits have been complied with, may, * » * # * (2.) In the case of an emigrant ship give, or direct the emigration or other officer to give, a certificate of clearance under the above-mentioned enactments. ***** Subject to any order made by the jildge of the court of KEFEEENCE TO SCIENTIFIC PERSONS. 479 survey, the costs of and incidental to an appeal under this § U. section shall follow the event. Subject as aforesaid, the provisions of this Act with respect to the court of survey and appeals thereto, so far as consistent with the tenour thereof, shall apply to the court of survey when acting under this section, and to appeals under this section. Where the survey of a ship is made for the purpose of a declaration or certificate under the aboVe-recited enactments, the person appointed to make the survey shall, if so required by the owner, be accompanied on the survey by some person appointed by the owner, and in such case, if the said two per- sons agree, there shall be no appeal to the Court of Survey in pursuance of this section. As to the constitution of the Court of Suivey, see under s. 291 of the '' Merchant Shipping Act, 1854: " (h). The parts omitted above are set out under s. 309 of that Act, p. 289, and also on p. 282; 39 & 40 Vict. c. 80, s. 15.— If the Board of Trade are of Eeferenoein opinion that an appeal under this Act involves a question of f^^°^^^tigg^^ construction or design or of scientific diflSculty or important persons. principle, they may refer the matter to such one or more out of a list of scientific referees from time to time approved by a Secretary of State, as may appear to possess the special quali- fications necessary for the particular case, and may be selected by agreement between the Board of Trade and the appellant, or in default of any such agreement by a Secretary of State, and thereupon the appeal shall be determined by the referee or referees, instead of by the court of survey. The Board of Trade, if the appellant in any appeal so require and give security to the satisfaction of the Board to pay the costs of and incidental to the reference, shall refer that appeal to a referee or referees so selected as aforesaid. The referee or referees shall have the same powers as a judge of the court of survey. 39 & 40 Vict. c. 80, s. 17. — Where the legislature of any Colonial cer- British possession provides for the survey of and grant of tificates for certificates for passenger steamers, and the Board of Trade P^?^^"g^r report to Her Majesty that they are satisfied that the cer- tificates are to the like effect, and are granted after a like survey, and in such manner as to be equally efiicient with the certificates granted for the same purpose in the United King- dom under the Acts relating to Merchant Shipping, it shall be lawful for Her Majesty by Order in Council — (1.) To declare that the said certificates shall be of the same force as if they had been granted under the said Acts ; and 480 FOREIGN PASSENGER SHIPS. § 11. (2.) To declare that all or any of the provisions of the said Acts which relate to certificates granted for passenger steamers under those Acts shall, either without modifi- cation or with such modifications as to Her Majesty may seem necessary, apply to the certificates referred to in the Order ; and (3.) To impose such conditions and to make such regulations with respect ^o the said certificates, and to the use, delivery, and cancellation thereof, as to Her Majesty may seem fit, and to impose penalties not exceeding fifty pounds for the breach of such conditions and regulationa Provision 39 & 40 Vict. c. 80, s. 18. — In every case where a passenger against double certificate has been granted to any steamer by the Board of Trade under the provisions of "The Merchant Shipping Act, 1854," and remains still in force, it shall not be requisite for the purposes of the employment of such steamer under the Passengers Acts that she shall be again surveyed in her hull and machinery in order to qualify her for service under the Passengers Act, 1855, and the Acts amending the same; but for the purposes of employment under those Acts such Board of Trade certificate shall be deemed to satisfy the require- ments of the Passengers Acts with respect to such survey, and any further survey of the hull and machinery shall be dis- pensed with, and so long as a steam ship is an emigrant ship, that is, a passenger ship within the meaning of the Passengers Act, 1855 {see s. 3 of this Act,p.m), and the Acts amending the same, and the provisions contained in the said Passengers Acts as to the survey of her hull, machinery, and equipments have been complied with, she shall not be subject to the provisions of The Merchant Shipping Act, 1854, with respect to survey of, and certificate for, passenger steamers, or to the enactments' amending the same. (See s. 303 of the Merchant Shipping Act, 1854, j?. 286, et seq.) survey m case of passenger steamers and emigrant Provision as to survey of foreign pas- senger steamer or emigrant ship. Foreign Ships. 39 & 40 Vict. c. 80, s. 19. — Where a foreign ship is a pas- senger steamer subject to the Merchant Shipping Act, 1854, and the Acts amending the same, or an emigrant ship subject to the Passengers Act, 1855, and the Acts amending the same, and the Board of Trade are satisfied, by the production of a foreign certificate of survey attested by a British consular officer at the port of survey, that such ship has beep ofiicially surveyed at a foreign port, and are satisfied that the require- ments of the said Acts, or any of them, are proved by such survey to have been substantially complied with, the Board may, if they think fit, dispense with any farther survey of the ship in respect of the requirements so complied with, and give MODE OF CARRYING PASSENGERS. 481 or direct one of their officers to give a certificate, which shall §§ 11-14. have the same eifect as if given upon survey under the said Acts or any of them: Provided that Her Majesty may by Order in Council direct that this section shall not apply in the case of an official survey at any foreign port at which it appears to Her Majesty that corresponding provisions are not extended to British ships. 12. Repealed ly 26 & 27 Vict. c. 51, s. 12. 13. No ship shall carry passengers or cabin passengers on "Wterepas- ,, , 1, -11.1, ,. • sengers may more than two decks ; provided, that cabin passengers in a be carried. proportion not exceeding one cabin passenger for every one hundred tons of the ship's registered tonnage, or sick persons placed in a hospital, as hereinafter provided, may be carried in a poop or deck house, notwithstanding that passengers are carried on two other decks, and if passengers are carried under the poop or in any round house or deck house, such poop, round house, or deck house shall be properly built and secured to the satisfaction of the emigration officer at the port of clearance : For any breach of this enactment the Penalty, master of the ship shall for each offence be liable to a penalty not exceeding 500Z. nor less than 201. sterling. 14. For determining the number of passengers to be carried Rule for deter- in any " passenger ship " the following rules shall be observed : ^I^^fr o/ (1.) Repealed by 26 & 27 Vict. c. 51, s. 5. passengers to (2.) No ship shall carry under the poop, or in the round ^''^™ • house or deck house, or ,on the "upper passenger deck," a greater number of passengers than in the proportion of one statute adult to every fifteen clear superficial feet of deck allotted to their use : (3.) No ship shall carry on her lower passenger deck a greater number of passengers than in the proportion of one statute adult to every eighteen clear superficial feet of deck allotted to their use : Provided, nevertheless, that if the height between such lower passenger deck and the deck immediately above it shall be less than seven feet, or if the apertures (exclusive of side scuttles) through which light and air shall be admitted together to the lower passenger deck shall be less in size than in the proportion of three square feet to every one hundred superficial feet of the lower passenger deck, no greater number of passengers shall be carried on 482 ASIATIC AND AFRICAN PASSENGEES. §§ 14, 15. such deck than in the proportion of one statute adult to every twenty-five clear superficial feet thereof: (4.) No ship, whatever be her tonnage or superficial space of " passengers decks," shall carry a greater number of passengers on the whole than in the proportion of one statute adult to every five superficial feet, clear for exercise, on the upper deck or poop, or (if secured and fitted on the top with a railing or guard to the satis- faction of the emigration ofiicer at the port of clear- ance) on any round house or deck house : (5.) In the measurement of the passenger decks, poop, round house, or deck house, the space for the hospital and that occupied by such portion of the personal luggage of the passengers as the emigration oflScer may permit to be carried there shall be included : Penalty. jf tjjere shall be on board of any ship at or after the time of clearance a greater number, either of persons or passengers (except by births at sea), than in the proportions respectively hereinbefore mentioned, the master of such ship shall be liable to a penalty not exceeding 20?. nor less than 51. sterling for each passenger or person constituting such excess. Nothing to 15. Provided nevertheless. That nothing in this Act con- repeal 16 & 17 tained shall extend to repeal or vary an Act passed in the Vict. c. 84. session of Parliament holden in the sixteenth and seventeenth years of the reign of Her present Majesty, chapter eighty-four, intituled "An Act to amend the Passengers Act, 1852, so far as relates to the passages of natives of Asia or Africa, and also passages between the island of Ceylon and certain parts of the East Indies." Power for governors of colonies to allow carriage of larger number of Asiatic and African pas- sengers. Power for " Government of Ceylon to regulate Asiatic and African Passengers. 16 & 17 Vict. c. 84, s. 1.— It shall be lawful for the governors of Her Majesty's possessions abroad, if they shall think fit, to declare by proclamation that ships intended to pass within the tropics from any ports within their respective governments may convey passengers, being natives of Asia or Africa, after the rate of one for every twelve superficial feet of the passenger deck, instead of one for every fifteen such superficial feet as required by the section aforesaid. 16 & 17 Vict. c. 84, s. 2. — The restrictions in the fourteenth section of the Passengers Act, 1855, shall not apply to vessels proceeding on any voyage from any port or place in the Island FORM OF PASSENGERS LIST. 483 - of Ceylon to any port or place in the territories under the government of the East India Company in the Gulf of Manar or Palks' Straits, but that it shall be lawful for the governor and legislative council of Ceylon, if they shall so think fit, to regulate by ordinance the numljer of persons or passengers ■who may be carried on board of vessels proceeding on any such voyage as last aforesaid. 16. The master of every ship, whether a "passenger ship" or otherwise, carrying passengers on any voyage to which this Act extends, shall, befcire demanding a clearance for such ship, sign two lists, made out according to the form contained in schedule (B.) hereto annexed, correctly setting forth in the manner therein directed the name and other particulars of the ship, and of every passenger on board thereof; and the said lists, when countersigned by the emigration officer, where there is one at the port, shall be delivered by the master to the officer of the customs from whom a clearance of the said ship shall be demanded, and such officer shall thereupon also countersign and return to the said master one of such lists, hereinafter called " The Master's List ; " {a part of this section relating to returns of births and deaths at sea is repealed hy fhe Births and Deaths Registration Act, 1874. The particulars to be entered in the lists, required by that Act, are set out under s. 274 of the Merchant Shipping Act, 1854,^. 234). In case of noncompliance with any of the requirements of this section on the part of the master, or if such lists shall be wilfully false, the master shall for each offence be liable to a penalty not exceeding lOOZ. nor less than bl. sterling. See under s. 17, p. 484, for additional particulars required by 26 & 27 Vict. 0. 51, s. 6, to be added to the following list. SCHEDULE (B). FOBM OF Passengees List. §§ 15, 16. number of passengers in certain ships. lists to be delivered in duplicate by the master before clear- Ship's Name, Master's Name, Tons per Register, Aggregate Number of Super&ci^ Feet in the seve- ral Compartments set apart for Passengers other than Cabin Passengers. Total Number of Statute Adults, exclusive of Master, Crew, and Cabin Passengers, which the Ship can legally carry. Where Bound. I hereby certify that the Provisions actually laden on board this Ship are sufficient, according to the Requirements of the Passengers Act, for Statute Adults for a Voyage of days. (Signature) Master. (Date) 187 . T T 2 484 FORM OF PASSENGERS LIST. Names and Desceiptions of Passengers. Ports Names of Passen- gers. Age of each Adult of 13 Tears and upwards. Children between Profession, Occupa- tion, or Calling of Passenger. State wliether English, Scotch, or Irish. Port at of Em- barka- tion. Married. Single. 1 and 12 Years. whichPas- sengers have con- tracted to Und. 1 1 1 1 4 s .2 1 1 Stjmmaey. Number of Souls. Equal to Statute Adults. English. Scotch. Irish. Total. Adults Children between 1 and 12 . . Infants Total .... We hereby certify, that the above is a correct List of the Names and Descriptions of all the Passengers who embarked at the Port of . (Signed)_ (Date)_ (Conntersigned)_ 187 Master. Emigration Officer. Officer of Customs at N.B. — Lims should he ruled in tke aame Form for any Additions to the Usi after the Shipfirxt clears out ; and aimilar Ceriijicaies be subjoined to such AdditiOTis according to the Bequirements of the Act. Lists of pas- sengers em- barked after clearance to be delivered by master. 17. If at any time after sucli lists shall hare been signed and delivered as aforesaid any additional passenger shall be taken on board, in every such case the master shall, according to the form aforesaid, add to " The Master's List " the names and other particulars of every such additional passenger, and shall also sign a separate list, made out according to the form aforesaid, containing the names and other particulars of every such additional passenger, and such last-mentioned list, when countersigned by the emigration officer, where there is one at the port, shall, together with " the master's list " to which PASSENGERS LISTS. 485 such addition shall hare been made, be delivered to the chief §8 17 18. oiEcer of customs as aforesaid, and thereupon such oflBcer shall countersign "the master's list," and shall return the same to the said master, and shall retain the separate list, and so on in like manner whenever any additional passenger or passengers may be taken on board ; or if no officer of customs shall be stationed at the port or place where such additional passenger or passengers may be taken on board, the said lists shall be delivered to the officer of customs at the next port or place at which such vessel shall touch or arrive and where any such officer shall be stationed, to be dealt with as herein- before mentioned : provided, that when any additional pas- sengers shall be taken on board the master shall obtain a fresh certificate from the emigration officer of the port that all the requirements of this Act have been duly complied with before the ship shall proceed to sea : in case of noncompliance with Penalty on any of the requirements of this section, the master of such pUance. ship shall for each offence be liable to a penalty not exceeding 501. nor less than bl sterling. 26 & 27 Vict. c. 51, s, 6. — In the passenger lists required Cabin pas- by the sixteenth and seventeenth sections of " The Passengers sengers to be Act, 1855," to be delivered by the master of every ship before '"sgenger" demanding a clearance, there shall be set forth, in addition to fists, the other particulars required by "The Passengers Act, 1855," the names of all cabin passengers on board such ships, speci- fying whether they respectively are under or over twelve years of age, and at what place the passengers and cabin passengers respectively are to be landed, and the Schedule B. to the said Act shall be altered accordingly. 18. If any person shall be found on board any passenger Penalty on ship with intent to obtain a passage therein without the con- onboard ships sent of the owner, charterer, or master thereof, such person, without con- and every person aiding and abetting him in such fraudulent ^^^^° °'^'^^^^> intent, shall respectively be liable to a penalty not exceeding 5Z., and in default of payment to imprisonment, with or with- out hard labour, for a period not exceeding three calendar months ; and such person so found on .board may be taken before any justice of the peace without warrant, and such justice may summarily hear the case, and on proof of the offence convict such offender as aforesaid. 486 PASSENGER SHIPS. §§ 18, 19. Limit of penalty ou stowaways increased from £5 to £20. ' 26 & 27 Vict. c. 51, s. 7. — The limit of the penalty imposed by the eighteenth section of "The Passengers Act, 1855," on persons convicted of getting on board any passenger ship, with intent to obtain a passage therein, without the consent of the owner, charterer, or master thereof, and on persons aiding or abetting in such fraudulent attempt shall be extended from 61. to 20Z. See also the " Merchant Shipping Act, 1854," s. 258, p. 224. All passenger ships to be surveyed hel'ore clear- ing out. Penalty on non-com- pliance. Power to owners to ap- peal against surveyors' report of ships not being sea- worthy. 19. No "passenger ship" shall clear out or proceed to sea unless she shall have been surveyed, under the direction of the emigration oflBcer at the port of clearance, but at the expense of the owner or charterer thereof, by two or more competent surveyors to be appointed by the Board of Trade for each port at which there may be an emigration oflBcer, and for other ports by the commissioners of customs, nor unless it shall be reported by such surveyors that such "passenger ship " is in their opinion seaworthy, and fit for her intended voyage. The survey shall be made before any part of the cargo is taken on board, except so much as may be necessary for ballasting the ship, and such portion of cargo if laden on board shall be shifted, if required by the emigration oflBcer or surveyors, so as to expose to view successively every part of the frame of the ship. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding 100?. nor less than 51 sterling : Provided always, that in case any " passenger ship " shall be reported by any such surveyors not to be seaworthy, or not fit for her said intended voyage, the owner or charterer, if he shall think fit, may require by writing under his hand, the emigration officer, or in his absence the chief oflBcer of customs, to appoint three other competent surveyors, of whom two at least shall be shipwrights, to survey the said ship, at the expense of the said owner or charterer ; and the said officer shall thereupon appoint such surveyors, who shall survey the said ship, and if they shall, by an unanimous report under their hands (but not otherwise), declare the said ship to be seaworthy, and fit for her intended voyage, the said ship shall then, for the purposes of this Act, be deemed seaworthy for such voyage. PASSENGER SHIPS. 487 §19. With respect to the Court of Survey instituted by the " Merchant Shipping Act, 1876," see 39 & 40 Vict. c. 80, B. 7, under s. 291 of the " Merchant Shipping Act, 1854," p. 246. As to appeals from the reports of surveyors made under this sect., see 39 & 40 Tict. c. 80, s. 14, under sect. 11 of the " Passengers Act, 1855," p. 478. Passenger ships need not now be surveyed under the Merchant Shipping Acts, and also under the Passengers Acts (see 39 & 40 Vict. c. 80, s. 18, under sect. 11 of this Act, p. 480). 36 & 37 Yicfc. c. 85, s. 30. — There shall be paid in respect Fees in of the several measurements, inspections, and surveys men- respect of tioned in the third schedule hereto, such fees, not exceeding ^^^^•^3"'' "■ those specified in that behalf in the said schedule, as the Board of Trade may frqm time to time determine. SCHEDULE III. Table op Maximum Fees to be paid fok the Mbasubement, suevey, and inspection of merchant ships. 1. For Measurement of Tonnage. For a ship under from 50 tons register tonnage 50 to 100 tons „ 100 to 200 „ „ 200 to 500 „ „ 500 to 800 „ „ . 800 to 1,200 „ „ 1,200 to 2,000 „ „ . 2,000 to 3,000 „ „ 3,000 to 4,000 4,000 to 5,000 „ „ 5,000 and upwards „ . For tlhe Inspeetion of tlui Berthing or Sleejiing Accommodation of tlie Orerv. & s. d. 1 1 10 2 3 4 5 6 7 8 9 10 £ s. 10 d. For each visit to the ship .... Provided as follows : 1. The aggregate amount of the fees for any such inspection shall not exceed one pound (£1) whatever be the number of separate visits. 2. When the accommodation is inspected at the same time with the measurement of the tonnage, no separate fee shall be charged fol such inspection. 3. For tlw Survey of Emigrant Ships. £ s. d. a. For an ordinary survey of the ship, and of her equip- ments, accommodation, stores, light, ventilation, sani- tary arrangements, and medical stores , . .10 488 PASSENGER SHIPS. §§ 19-31. Penalty on emigration surveyor receiving gratuity. £ s. d. b. For a special survey 15 c. In respect of the medical examination of passengers - and crew, for every hundred persons or fraction of a hundred persons examined 10 4. Mr the Inspection of lAglits and Fog Signals. For each visit made to a ship on the application of the owner, and for each visit made where the lights or fittings are found defective 10 Provided that the aggregate amount of fees for any such inspection shall not exceed one pound (£1) whatever be the number of separate visits. 35 & 36 Vict. c. 73, s. 15. — If any surveyor or any person employed under the authority of the Passengers Act, 1855, demands or receives directly or indirectly, otherwise than by the direction of the Board of Trade, any fee, remuneration, or gratuity whatever in respect of any of the duties performed by him under this Act or the Acts amended hereby, he shall for every such offence incur a penalty not exceeding fifty pounds. As to the con- struction of beams and decks. Penalty. Arrangement and size of berths. 20. In every " passenger ship " the beams supporting the " passenger decks " shall form part of the permanent struc- ture of the ship : they shall be of adequate strength, in the judgment of the emigration officer at the port of clearance, and shall be firmly secured to the ship to his satisfaction. The " passenger decks " shall be at least one inch and a half in thickness, and shall be laid and firmly fastened upon the beams continuously from side to side of the compartment in which the passengers are berthed. The height between that part of any deck on which passengers are carried and the deck imme- diately above it shall not be less than six feet. In case of non- compliance with any .of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding 50?. nor less than hi. sterling. 21. There shall not be more than two tiers of berths on any one deck in any " passenger ship," and the interval between the floor of the berths and the deck immediately beneath them shall not be less than six inches, nor the interval between each tier of berths and between the uppermost tier and the deck above it less than two feet six inches : the berths shall be securely constructed, and of dimensions not less than six feet PASSENGER SHIPS. 489 in length, and eighteen inches in width for each statute adult, §§31 32. and shall be sufficient in number for the proper accommoda- tion of all the passengers contained in the lists of passengers herein-before required to be deliyered by the master of the ship. No part of any berth shall be placed within nine inches of any water-closet erected in the between-decks. In case of Penalty. noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding 501. nor less than 51. sterling. 22. In every " passenger ship" all the male passengers of Single men to the age of fourteen years and upwards who shall not occupy- ^teplrate ^^ berths with their wives shall, to the satisfaction of the emi- compartment, gration officer at the port of clearance, be berthed in the fore part of the ship, in a compartment divided off from the space appropriated to the other passengers by a substantial and well-secured bulk-head, without opening into, or communica- tion with, any adjoining passenger berth, or in separate rooms if the ship be fitted with enclosed berths : not more than one passenger, unless husband and wife, or females or children As to numbers under twelve years of age, shall be placed in or occupy the one berth™ same berth. In case of noncompliance with any of the re- quirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding 50?. nor less than 61. sterling. By Order in Council, dated 3rd of February, 1863 (see s. 59 of tbe Act, p. 518), provision is made for preserying order in passenger ships conveying to the colony of Victoria, in Australia, as many as ten unpro- tected female passengers. 1. " Unprotected female passengers " is defined to mean every female Unprotected passenger between the ages of twelve and thirty-five, proceeding to the female pas- colony of Victoria, by virtue of a passenger warrant, issued by the sengers, government of that colony, who, if married, shall not be accompanied by denned, her husband, or, if unmarried, shall not be accompanied by her father or Btep-father, or by a married brother vidth his wife, or a married sister with her husband, or by an unmarried brother over the age of twenty- five. The terms " Passengers," " Passenger Ship," and " Master," have the same meanings as in the " Passengers Act, 1855 " (see Passengers Act, s. 3, p. 473). 2. All unprotected female passengers shall, during the voyage, be How they are berthed in open berths, in a compartment in the aftermost part of the to be berthed, upper passenger deck of the ship, efEectually divided ofE by substantial bulkheads from the other portions of such deck : and no single men, or men without their wives, shall be berthed next to the bulkhead dividing ofE such compartment. 490 PASSENGER SHIPS. §§ 23-24. Children under twelve. Special entrance. Matron. Not to act as servants. Not to mix with crew or passengers. Deck set apart for them. Mustgohelow and he loeked up before dark. Surgeon to attend with matron. Master to assist matron. Penalty for obstruction or insubordina- tion. Application of order. 3. The children under twelve years of age of married female passengers, unaccompanied by their husbands, shall be berthed with their mothers. i. There shall be an entrance to such compartment from the upper deck, or poop, exclusively appropriated to the use of such female passengers. 5. There shall be carried on board a matron, to be appointed by the owner or master of the ship, and to be charged with the maintenance of discipline among such female passengers as aforesaid. 6. No unprotected female passenger shall on any account be allowed to act, or shall act as servant, or attendant, on the surgeon, master, or any of the ofScers of the ship, or on any male cabin passenger. 7. All intercourse between unprotected female passengers and any of the officers or crew of the ship, or between such females and any of the male passengers (except brothers or brothers-in-law, and in case of un- protected married women, their children), is hereby strictly prohibited. 8. The master of the ship, before sailing, shall, with the approval of the emigration officer at the port of clearance, mark out the portion of the poop or main deck to be assigned for the purpose of exercise, to Buch unprotected female passengers, who, during the voyage shall keep within the limits so marked out. 9. Before daik all such female passengers as aforesaid shall go below to their own compartment, and as soon as they are there collected, the master shall lock the entrance, and on no account shall any man enter the compartment during the night, except the surgeon in case of illness, or the officers and crew, in case danger to ' the ship shall render their entrance necessary. 10. If the surgeon is required to attend professionally any of such unprotected female passengers at night, the matron shall accompany, tod remain with him while he discharges his duties. 11. The master of the ship shall afford to the matron and to the sur- geon all the assistance in his power in carrying these regulations into effect. 12. Any person who shall refuse or neglect to obey any of the rules herein contained, or who shall obstruct the surgeon, or master of the ship, in the execution of any duty hereby imposed on them respectively, or who shall be guilty of insubordinate conduct, shall, on conviction, be liable for each offence to the penalties of fine and imprisonment imposed by the Passengers Act, 1855. 13. This Order in Council shall not apply to ships charteifed by Her Majesty's Emigration Commissionersi Berths not to be removed till passengers :^e landed, Penalty. Space to be 23. No berths in a "passenger ship " occupied by passengers during the Toyage shall be taken down until forty-eight hours after the arrival of such ship at the port of final discharge, . unless all the passengers shall have Toluntarily quitted the ship before the expiration of that time. In case of noncompliance with any of the requirements of this section, the master of such ship shall be liable for each offence to a penalty not ex- ceeding 50Z. nor less than 51. sterling. 24. In every " passenger ship " there shall be a sufficient PASSENGER SHIPS. 491 space properly divided off to the satisfaction of tlie emigration rr 24-36. officer at the port of clearance, to be used exclusiyely as a — ; : ■1 ., 1 , ., , „ ,, , . , „ 1 allotted as an nospital or hospitals tor the passengers : this space shall be hospital. under the poop, or in the round house, or in any deck house which shall be properly built and secured to the satisfaction of such emigration officer, or on the upper passenger deck, and not elsewhere, and shall in no case be less than eighteen clear superficial feet for every fifty passengers which the ship shall carry. Such hospitals shall be fitted with bed-places and supplied with proper beds, bedding, and utensils, to the satis- faction of the emigration officer at the port of clearance, and throughout the voyage kept so fitted and supplied. In case Penalty. of noncompliance with any of the requirements of this sec- tion, the owner, charterer, or master of the ship shall for each offence be liable to a penalty not exceeding 501. nor less than 51. sterling. 25. If "passenger ship" shall clear out or proceed to sea Eegulationas unless fitted, to the satisfaction of the emigration officer at the yonrfprivies port of clearance, with at least two privies, and with two ad- ditional privies on deck for every one hundred passengers on board, and in ships carrying as many as fifty female passen- gers, with at least two waterclosets under the poop, or else- where on the upper deck, to the satisfaction of such emigration officer for the exclusive use of the women and young children ; all of which privies and waterclosets shall be firmly constructed and maintained in a serviceable and cleanly condition through- out the voyage, and shall not be taken down until the expira- tion of forty-eight hours after the arrival of the ship at the port of final discharge, unless all the passengers sooner quit the ship ; provided that such privies shall be. placed, in equal numbers on each side of the ship, and need not in any case exceed twelve in number. In case of noncompliance with Penalty, any of the requirements of this section, the master shall be liable to a penalty for each offence not exceeding 501. nor less than 51. sterling. 26. No " passenger ship " shall clear out or proceed to sea As to light without such provision for affording light and air to the pas- ^^^ ventila- senger decks as the circumstances of the case may, in the judgment of the emigration officer at the port of clearance, require ; nor if there are as many as one hundred passengers on board, without having an adequate and proper ventilating 492 BOATS FOE PASSENGER SHIPS. Penalty on non-com- pliance. EegiUations as to the carrying of l^oats ; 26 37. apparatus, to be approved by such emigration officer and fitted to his satisfaction ; the passengers shall, moreover, have the free and unimpeded use of the whole of each hatchway situated over the space appropriated to their use, and over each such hatchway there shall be erected such a boobyhatch or other substantial covering as shall, in the opinion of such emigration officer, afford the greatest amount of light and air, and of pro- tection from wet, as the case will admit. In case of noncom- pliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding bOl. nor less than 201 27. Every " passenger ship " shall carry throughout the voyage a number of boats according to the following scale ; (that is to say,) Two boats for every ship of less than two hundred tons : Three boats for every ship of two hundred and less than four hundred tons : Four boats for every ship of four hundred and less than six hundred tons : Five boats for every ship of six hundred and less than ten hundred tons : Six boats for every ship of ten hundred and less than fifteen hundred tons : Seven boats for every ship of fifteen hundred tons and upwards : provided that no " passenger ship " shall be required to carry a greater number of boats than are sufficient in the judgment of the emigration officer at the port of clearance to carry all the persons on board of such ship. One of such boats shall in all cases be a long boat, and one shall be a properly fitted life boat, which shall be carried in such a manner as to be, in the opinion of the emigration officer, most available for immediate service : each of such boats shall be of a suitable size and description, to be approved by the emigration officer at the port of clearance, and shall be seaworthy, and properly supplied with all requisites, and kept clear, at all times, for immediate use at sea : there shall likewise be on board each "passenger ship" if proceeding to any place to the southward of the equator at least two chrono- of life 1]oats ; PASSENGER SHIPS. 493 meters, and if to any place to the northward of the equator at § 27. least one chronometer, and on board of all " passenger ships " at least three steering and one azimuth compass, four properly fitted life buoys, kept ready at all times for immediate use, and ^^ ° l^_ some adequate means, to be approved by the emigration oflBcer ohors, and at the port of clearance, of making signals by night and in ^^ engines, fogs ; also a fire-engine, in proper working order, and of such description and power, and either with orwithout such apparatus for extinguishing fire as such officer may approve ; and not less than three bower anchors of such weight, and with cables of such length, size, and material, as in the judg- ment of such emigration officer shall be sufficient for the size of the ship. In case of noncompliance with any of the re- Ps^^lty- quirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding bOl. nor less than 51. sterling. For the boats and life-buoys required to be carried by ordinary vessels, see sect. 292 of the Merchant Shipping Act, 1854, p. 253. Signals of Distress 39 & 40 Vict. c. 80, s. 21. — Every sea-going passenger Provision of steamer and every emigrant ship shall be provided to the satis- signals of faction of the Board of Trade— extiSmish-' (1.) With means for making the signals of distress at night able fights, specified in the First Schedule to the Merchant Ship- and life buoys plug Act, 1873 (seep. 257), or in any rules substituted ^ passenger therefor, including means of making ilames on the ship gmi'^aut*'' which are iuextiaguishable in water, or such other ships, means of making signals of distress as the Board of Trade may previously approve ; and (2.) With a proper supply of lights inextinguishable in water and fitted for attachment to life buoys. If any steamer or ship goes to sea from any port of the United Kiugdom without being so provided as required by this section, for each default in any of the above requisites the owner shall, if he appears to be in fault, incur a penalty not exceeding one huncted pounds, and the master shall, if he appears to be in fault, incur a penalty not exceeding fifty pounds. Suggestions to Masters of Emigrant Ships respecting Boats and Fire at Sea. Her Majesty's Colonial and Land Emigrant Commissioners having in Eeasons for view the fearfal consequences which must result from a want of prepara- the sugges- tions. 494 PASSENGEE SHIPS. § 27. tion in the event of accident to an emigrant ship, and especially of. fire, have felt it their duty to call the epecial attention of the masters and officers of such ships to the precautions necessary to prevent such a calamity, and to the means of encountering it should it occur. They are of course aware that no scheme or regulations vrhich may be formed beforehand can supply the place of coolness, judgment, and discipline at the time ; nevertheless, the previous establishment of regulations, and the familiarity of the officers and crew with them, cannot but tend to ob- viate confusion and loss of time when danger arises. It is from the hope of contributing to this end, and not from any disposition to interfere in matters beyond their immediate duties, that the commissioners have drawn up the following suggestions. The first matter to be settled is the arrangement of the boats. Life boat. Boats to be hung in davits, and their gear kept in them. Boats to he kept wetted and covered. Life lines to boats. Each boat to be in charge of a respon- sible person. Crews to be assigned to boats. I. Boats. 1. The life boat should always be carried in such a manner as to admit of its being rapidly and safely lowered at the shortest notice. 2. All the boats, except the long boat, should if practicable be hung in davits. They should be kept clear of lumber, and the oars and necessary gear should be buckled or strapped to the thwarts of each, and ready for immediate use. If thole pins or crutches are used for the oars, they as well as the rudder and plug should be laniarded. Besides the common cork plug, a piece of vulcanized india rubber, about a quarter of an inch in thickness nailed on the foreside of the plughole, will be found useful as a simple and inexpensive plug or valve. It would be also desirable that a small compass, and the means of striking a light, should be kept in each boat, in a waterproof case. 3. The boats should be kept constantly wetted and covered from the sun. It would be advisable to have a waterproof canvas casing laced to the gunwale, but in such manner as to admit of being easily stripped off. The lacing sh'ould from time to time be undone to prevent its getting stifE. 4. Every boat should be fitted with life lines below the gunwale streak. To the stern and quarter boats a rope should be constantly attached from forward, to prevent them going adrift when lowered in haste. The tackles for hoisting out the boats should be kept constantly ready for use in some place well known, and easily accessible to those in charge. 5. Each boat should be placed under the charge of an officer or steady person, who should be held responsible for its being kept constantly fit for instant service. To insure this .the chief officer should periodically inspect all the boats and their gear, and report their condition to the master. 6. It would be advisable, as soon as practicable after leaving port to assign to each boat a certain number of the ship's company as its crew or skeleton crew — to be completed with passengers ; and when oppor- tunities permit to exercise the men in lowering the boats at sea. The life boat's crew should be picked men. Cargo to be properly stowed before sailing. II. To Prevent Fire. 7. No passenger ship should put to sea until all her cargo is properly stowed away, and the decks cleared of any loose straw or hay, or other inflammable material used for packing or other purposes (see Kule 18 of PASSENGER SHIPS. 495 Order in Council, Ith January, 1864:, under section 60 of this Act, p. 520). 8. The passengers should be called on to deliver up whatever lucifer matches, gunpowder, or other inflammable articles they may have about them, and should be warned not only of the danger to the ship and pas- sengers, but that they wUl be subject to punishment under Her Ma- jesty's Orders in Council, for retaining such things in their possession (see Eule 17 of Order in Council, 7th January, 1864, under sect. 60 of this Act, p. 520). 9. No naked lights should on any account be used in the hold or store rooms, nor in the between-tdecks, except under trustworthy superinten- dence ; nor should any person be allowed to read in bed with a naked light. Smoking between decks should also be strictly prohibited (see Eule 10 of Order in Council, 7th January, 1864, under sect. 60 of this Act, p. 519). 10. Spirits should never be opened in the hold, but should be hoisted on deck for the purpose (see sect. 62 of this Act, p. 521). 11. It is strongly recommended that both fire-annihilators and fire- engines should be carried. These should be placed under the special charge of one of the principal officers and the carpenter, who should be responsible that, with the buckets and other fire apparatus, they are kept in a state fit for immediate use. The engine should be worked once or twice a week to keep it in proper order. 12. As soon as possible after leaving port, the officers and crew should be divided into parties, and assigned to stations, in case of fire, in the same manner as for the boats ; possibly the same distribution may answer for both purposes. III. On tlie Ooourrenoe of Mre. 13. Should a fire break out, the first steps, with a view to arrest its progress as much as possible, must be so to place the ship as to keep the fire 1o leeward, and to cut ofE the supply of air by closing the ports, scuttles, hatches, &c., and by smothering the fire with wet blankets, sails, &c. 14. The parties into which the ship's company has been divided should immediately, on the ringing of the fire-bell, fall into their respective places. To one party should be assigned the working of the fire annihi- lators and engines ; to another, the closing the ports, &c., and the prepa- ration of wet cloths for suffocating the fire ; to a third, the preparations for lowering the boats, and provisioning them. Each of these duties will require prompt and clear decision, and each should therefore be en- trusted to an intelligent and responsible person ; and as it might be a great assistance to an officer when the emergency arises, to have had the opportunity of considering beforehand the best way of meeting it, it would be desirable that each should from the first be informed of the duty which in such a case would be assigned to him. 15. The male passengers should be required to fall into and assist the several parties as the master might direct. This would not only be a material aid, but would help to keep their minds engaged, and to pro- mote the discipline on which the safety of all must to a great extent depend. 16. The females, with children and sick, should remain under the immediate charge of the surgeon, who should endeavour to keep them §27. Passengers to give up inflammable articles. Naked lights and smoking to be pro- hibited. Spirits not to be broached in the hold. Both fire- aunihilators and engines recommended. Ship's com- pany to be divided into gangs and assigned to stations. Primary points for master to attend to on alarm of fire. Duties of gangs. Male pas- sengers. Females and children. 496 PASSENGER SHIPS. g c Qiy og from being a Hndrance to the working parties, and prepare them for ' immediately leaving the ship, should that step ultimately become neces- sary. They should secure what warm clothing they could. No one to 17. No one should be permitted to enter the boats,, except those in enter or lower charge of them ; nor should any boat be lowered on any pretext what- •t>, ever, unless by the express orders of the captain. On a strict obser- witnout vance of this rule the safety of the people in the last extremity will depend. Raft. 18. If the boats should be insufficient to hold all the people, the master will of course take whatever measures may be in his power to construct a raft. A raft may be made of spare spars lashed together in a triangular form, and to render it more buoyant, the ends should be secured to empty water casks, whose heads should be guarded by ham- mocks or beds. As a precautionary preparation against such an emer- gency, some of the largest water casks, as soon as emptied, should be grometted round at each end with 8 inch rope, becketted and tightly bunged, and stowed away in the long boat, and daily wetted, and thus kept ready for use at a moment's notice. Broaching 19. Any attempt to get at the spirits or wine on board in moments of spirits to be danger should be resisted by all hands at all hazards (a). resisted forcibly. Accidents to steamships are to be reported to the Board of Trade (see The Merchant Shipping Act, 1854, sect. 326, p. 298). As to collisions and accidents in general, see The Merchant Shipping Act, 1854. Part IV., p. 258. Regulations as 28. Every "passenger ship" shall be manned with an to carrying an efficient crew for her intended voyage, to the satisfaction of the emigration officer, from whom a clearance of such ship may be demanded, and the strength of the crew shall not be diminished, nor any of the men changed when once passed by such emigration officer, without his consent in writing, or that of the superintendent of a mercantile marine office of the port of clearance, as required by the laws then in force regulating the shipping of seamen on board merchant vessels. Where the consent of the superintendent of a mercantile marine office is obtained, it shall, within twenty-four hours thereafter, be lodged Penaltv ^^^^ ™*'^ emigration officer. In case of noncompliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding 50Z. : pro-' vided, that if the emigration officer shall consider the crew inefficient, and the ovraer or charterer of the ship shall there- upon appeal in writing to the Board of Trade, such Board shall, at the expense of the appellant, appoint two other emigration officers or two competent persons to examine into the matter, and the unanimous opinion of the persons so (a) These suggestions were issued in 1853. PASSENGER SHIPS. 497 appointed, expressed under their hands, shall be conclusiye on g the point. 38, 29. With respect to the shipping of Beamen, see the " Merchant Shipping Act, 1854," sec. 146, p. 127 et seq. 29. No " passenger ship" shall clear out or proceed to sea if Certain arti- there shall be on board as cargo, horses, cattle, gunpowder, cles prohi- vitriol, lucifer matches, guano, or green hides, nor if there and ballast, shall be on board any other article or number of articles, whether as cargo or ballast, which by reason of the nature or quantity or mode of stowage thereof shall, either singly or coUectiyely, be deemed by the emigration officer at the port of clearance likely to endanger the health or lives of the pas- sengers or the safety of the ship : no part of the cargo, or of Stowage of the passengers' luggage, or of the provisions, water, or stores, aMlug^^agrto whether for the use of the passengers or of the crew, shall be te approved carried on the upper deck or on the " passenger decks," unless officer.^^^ ^°^ in the opinion of such emigration oflBcer it shall be so placed as not to impede light or ventilation, nor interfere with the comfort of the passengers ; nor unless the same be stowed and secured to the satisfaction of such emigration officer, and the space occupied thereby, or rendered, in the opinion of such officer, unavailable for the accommodation of the passengers, shall (unless occupied by passengers' luggage) be deducted in calculating the space by which, under the provisions of this Act, the number of passengers is regulated. In case of non- Penalty. compliance with any of the requirements of this section, the owner, charterer, or master, or any of them, shall for each offence be liable to a penalty not exceeding 300Z. nor less than hi. sterling. See under sect. 329 of The Merchant Shipping Act, 1854, p. 298, et seq., as to the carriage of dangerous goods in all vessels. 26 & 27 Vict. c. 51, s. 8. — Notwithstanding the prohibition Horses and contained in the twenty-ninth section of the said " Passengers' cattle may he Act, 1855," horses and cattle may be carried as cargo in pas- p^gi^er^ senger ships, subject to the following conditions : sliips^ umier (1.) That the animals be not carried on any deck below the conditions deck on which passengers are berthed, nor in any com- hereinnamed. partment in which passengers are berthed, nor in any adjoining compartment, except in a ship built of iron, and of which the compartments are divided off by water-tight bulkheads extending to the upper deck: 498 PASSENGER SHIPS. Space to be left clear for passengers. Number of (4.) Definition of the term "large cattle." Arrangements for housing cattle. Dogs and pigs. § § (2.) That clear space on the spar or weather deck be left for 29 30 the use and exercise of the passengers, at the rate of at ■ ^ '— least ten superficial feet for each statute adult : (3.) That no greater number of passengers be carried than in the proportion of fifteen to every one hundred tons of the ship's registered tonnage : That in passenger ships of less than five hundred tons registered tonnage not more than two head of large cattle be carried, nor in passenger ships of larger tonnage more than one additional head of such cattle for every additional two hundred tons of the ship's registered tonnage, nor more in all in any passenger ship than ten head of such cattle : The term " large cattle" shall include both sexes of horned cattle, deer, horses, and asses ; four sheep of either sex,' or four female goats, shall be equivalent to, and may, subject to the same conditions, be carried in lieu of one head of large cattle : (5.) That proper arrangements be made, to the satisfaction of the emigration officer at the port of clearance, for the housing, maintenance, and cleanliness of the animals and for the stowage of their fodder : (6.) Not more than six dogs, and no pigs or male goats, shall be conveyed as cargo in any passenger ship : For any breach of this prohibition, or of any of the above con- ditions, the owner, charterer, and master of the ship, or any of them, shall be liable for each offence to a penalty not exceeding three hundred pounds nor less than five pounds. _ 33 & 34 Vict. c. 95, s. 3.— Any one of Her Majesty's Prin- cipal Secretaries of State may, by order under his hand, authorise the carriage as cargo in any passenger ship (subject to such conditions and directions as may be specified in the order) of naval and military stores for the public service, and such stores may, notwithstanding anything contained in the principal Act, be carried accordingly in such passenger ship. Such order shall be addressed to the emigration officer or person performing the duties of emigration officer at the port of clearance, and shall be by him countersigned, and delivered to the master of the passenger ship to which it refers, and shall be delivered up by the master to the chief officer of customs at the port where the stores are discharged. The master shall comply with all the conditions and direc- tions specified in the order, and non-compliance therewith shall be deemed non-compliance with the requirements of the said section twenty-nine of the principal Act. 30. For the purposes of this Act, the length of the voyage for a "passenger ship" proceeding from the United Kingdom Authority by Secretary of State to carry naval and military stores in passenger In case of non-com- pliance. Computation of voyages. PASSENGER SHIPS. 499 to the undermentioned places respectively shall be determined by the following scale j (that is to say,) 30, 31. If the Ship be pi-o- pelled by Sails alone, or by Steam Power not suffi- cient, without the aid of SaUs, to propel the Ship after the rate of Five Statute Miles an Hour. If the Ship be pro- pelled either wholly or in aid of Sails by Steam Engines of not less Power than sufficient, without the aid of Sails, to propel the Ship after the rate of Five Sta- tute Miles an Hour. To North America (except the West Coast thereof :■ For ships clearing out between the sixteenth day of January and the fourteenth day of October, boUi days inclusive For ships clearing out between the fifteenth day of October and the seventeenth day of January, both days inclusive To the West Indies, and any part of the East i Coast of Central or South America, north of > the equator ) To any part of the East Coast of South America ) lying between the equator and the twenty-fifth \ degree of south latitude ) To the West Coast of Africa north of the equator To the Coast of Africa south of the equator, or to \ the Falkland Islands, or to any part of the East ( Coast of South America southward of thef twenty -fifth degree of south latitude . . ) To the Mauritius, and to the Western Coast of ) America south of the equator . . . . J To Ceylon To Western Australia To any other of the Australian Colonies . . . To New Zealand and to the Western Coast of America between the equator and the fortieth degree of north latitude To the Western Coast of America north of the ) fortieth degree of north latitude, and the islands > adjacent thereto ) Days. iO 45 40 50 50 65 75 85 85 90 90 96 For the like purposes, the Board of Trade, from time to time, by any notice ia writing, and published in the London Gazette, may nevertheless declare what shall be deemed to be the length of voyage from the United Kingdom to any of the said herein- before mentioned places, or to any other port or place what- soever, and may fix such different lengths of voyage as they may think reasonable for such different descriptions of vessels as aforesaid. 31. Before any " passenger ship" shall be cleared out the Before clear- pmigration officer at the port of clearance shall survey or a.ii'=e provl- K E 2 500 PASSENGER SHIPS. 31-33. water to be surveyed. Provisions for the crew not to be inferior to those for the passen- gers. Penalty. Power to emigration officer to reject and mark bad provisions. Penalty for re-shipping. "Water tanks or casks to be approved by emigration officer. cause to be surveyed by some competent person the provisions and water by this Act required to be placed on board for the consumption of the passengers, and shall satisfy himself that the same are of a good and wholesome quality, and in a sweet and good condition, and are in quantities sufiBcient to secure throughout the voyage the issues hereinafter prescribed : in addition to the allowance of pure water for the use of each passenger there shall be shipped for cooking purposes an additional supply of pure water after the rate of at least ten gallons for every day of the prescribed length of voyage for every one hundred statute adults on board ; and also for the use of the crew and all other persons on board an ample supply of wholesome provisions and pure water, which shall not be inferior in quality to the supply of the same articles provided for the consumption of the passengers : all such water, provisions, and stores shall be provided and properly stowed away in accordance with the requirements of the twenty- ninth section of this Act, by and at the expense of the owner, charterer, or master of the ship ; and if a clearance be obtained for any " passenger ship " which shall not be then stored with the requisite quantities of such water, provisions, and stores as are required by this Act, the owner, charterer, or master of such ship, or any of them, shall for each offence be liable to a penalty not exceeding 3001. sterling. 32. If such emigration officer shall consider that any of the provisions or stores or water are not of a good and wholesome quality, or not in a sweet and good condition, it shall be lawful for him to reject and mark the same, or the packages or vessels in which they are contained, and to direct the same to be landed or emptied ; and if such rejected provisions or stores or water shall not thereupon be forthwith landed or emptied, or if, after being landed, the same or any part thereof shall be reshipped in such ship, the owner, charterer, or master thereof, or any of them, or if reshipped in any other " passenger ship," the person causing the same to be reshipped shall for each offence be liable to a penalty not exceeding 1001. sterling. 33. In every "passenger ship" the water to be laden on board, as hereinbefore required, shall be carried in tanks or in casks to be approved of by the emigration officer at the port of clearance. When casks are used, they shall be sweet and PASSENGER SHIPS. 501 tight, of sufficient strength, and if of wood properly charred §§ inside, and shall not be capable severally of containing more 33-35, than three hundred gallons each : the staves of the water casks shall not be made of fir, pine, or soft wood. In case of non- compHanee with any of the requirements of this section, the owner, charterer, or master of such ship, or any of them, shall for each offence be liable to a penalty not exceeding 501. 34. If any "passenger ship" shall be intended to call at Pro^sionfot ., T , ,■,-,■ , „, toucmng at any intermediate port or place during the voyage, for the pur- intermediate pose of taking in water, and if an engagement to that effect P°rt3 to fill shall be inserted in the bond mentioned in the sixty-third section of this Act, then it shall be suflBcient to place on board at the port of clearance such supply of water as may be requisite, according to the rate hereinafter mentioned, for the voyage of the said ship to such intermediate port or place, subject to the following conditions ; (that is to say), ( 1 . ) Th at tb e emigration officer signify his approval in writing of the arrangement, to be carried amongst the papers of the ship, and exhibited to the chief officer of customs, or' to Her Majesty's consular officer, as the case may be, at such intermediate port or place, and to be delivered to the chief officer of customs, or to Her Majesty's consular officer, as the case may be, on the arrival of the said ship at the final port or place of discharge : (2.) That if the length of either portion of the voyage, whether to such intermediate port or place, or from such intermediate port or place to the final port or place of discharge, be not prescribed in or under the provisions of this Act, the emigration officer at the port of clearance shall in every such case declare the same in writing to be carried amongst the papers of the ship : (3.) That the ship shall have on board at the time a clearance is demanded tanks or water casks, of the description hereinbefore mentioned, sufficient for stowing the quan- tity of water required for the longest of such portions of the voyage as aforesaid. 35. The master of every " passenger ship " shall, during Dietary scales the voyage, including the time of detention at any place before "^ provisions. 502 PASSENGEE SHIPS. § 35. the termination thereof, issue to each passenger, or, where the passengers are divided into messes, to the head man for the time being of each mess on behalf and for the use of all the members thereof, an allowance of pure water and sweet and wholesome prorisions, of good quality, according to the fol- lowing dietary scale ; (that is to say,) if the length of the voyage, computed as hereinbefore mentioned, shaU not exceed eighty-four days for ships propelled by sails only, or fifty days for ships propelled by steam, or steam in aid of sails, then according to the dietary scale marked " A. ;" but if the length of the voyage, computed as aforesaid, shall exceed -eighty-four days for ships propelled by sails only, or fifty days for ships propelled by steam, or steam in aid of sails, then according to the dietary scale marked " B." Watbe. Three quarts of water daily to each statute adult, exclusive of the quantity hereinhefore specified as necessary for cooking the articles hereinafter required to be issued in a cooked state. Provisions. Weekly, per statute adult : — Scale A. SOALE B. For Voyages For Voyages not exceeding 84 Days exceeding 84 Days for Sailing Vessels, for Sailing Vessels, or 60 Days for or 50 Days for Steamers. Steamers. Bread or biscuit, not inferior in quality to navy 1 '■^■ oz. lbs. oz. biscuit 3 8 8 8 Wh^aten flour 1 2 Oatmeal 1 8 1 Eice 1 8 8 Peas 1 8 1 8 Potatoes 2 2 Beef 1 4 1 4 Pork 1 1 Tea 2 2 Sugar 1 1 Salt 2 2 Mustard 04 OJ Black or white pepper, ground Oi Oi Vinegar One gill. One gill. Lime juice 6 Preserved meat 1 Suet 6 Eaisins 8 Butter 4 PASSENGER SHIPS. 503 SUBSTITITTIONS. S ""• Substitutions at the following rates may, at the option of the master of any " passenger ship," be made in the above dietary scales, that is to say :— 1 lb. of preserved meat , . . for 1 lb. of salt pork or beef. 1 lb. of flour or of bread or biscuit, if.- ( li lb. of oatmeal or 1 lb. of rice or J lb. of beef or of pork . . ) \ or 1 lb. of peas. 1 lb. of rice for IJ lb. of oatmeal, or we«)'S(J. i lb. of preserved potatoes . . for 1 lb. of potatoes. 10 oz. of currants . . . . for 8 oz. of raisins. 3J oz. of cocoa or of coffee, roasted 1 „ „ . , and ground . . . . . P°^ 2 oz. of tea. I lb. of treacle . . . . for 4 1^- °^ sugar. 1 gill of mixed pickles . . . for 1 gill of vinegar. Provided that the substituted articles be set forth in the con- Penalty on tract tickets of the passengers. In case of non-compliance pi^^°"" with any of the requirements of this section, the master of the ship shall be liable for each offence to a penalty not exceeding 50?. sterling. 26 & 27 Vict. c. 51, s. 9, — The requirements of the thirty- Issue of lime- fifth section of the said " Passengers Act, 1855," that six J^^ioe confined ounces of lime juice should be issued weekly to each statute *°*'ie Tropics, adult on voyages exceeding eighty-four days in duration for sailing vessels, or fifty days for steamers, shall be confined to the period when the ship shall be within the Tropics ; during the other portions of the voyage the issue of lime juice shall be at the discretion of the medical practitioner on board ; or, if there be no such practitioner on board, at the discretion of the master of the ship. 26 & 27 Yict. c. 51, s. 10. — In addition to the substitutions Substitution in the dietary scales specified in the thirty-fifth section of the of soft bread said "Passengers Act, 1855," soft bread baked on board may {°^°j^^~. be issued, at the option of the master of any passenger ship, "^^^ * in lieu of the following articles, and in the following propor- tions ; (that is to say,) one pound and a quarter of a pound of such soft bread may be issued in lieu of one pound of flour, or of one pound of biscuit, or of one pound and a quarter of a pound of oatmeal, or of one pound of rice, or of one pound of peas. For the rules concerning lime juice and other anti-scorbutics to be observed by ships in certain cases of navigating to any place out' of the United Kingdom, see The Merchant Shipping Act, 1854, sect. 224, p. 197. By Order in Council, dated 28th June, 1875, and made pursuant to the powers given by sect. 59 of this Act (see p. 516), two previous Orders relating to water tanks and distilling apparatus were revoked, and the following substituted. 504 PASSENGER SHIPS. §§ 35, 36. ship may clear out with half statutory amount of water, on certain con- ditions. Distilling apparatus. Certificate of its eificiency. Must produce sufficient water. Competent manager of apparatus. Size of mess. Provisions to be Issued Now, therefore, Her Majesty doth by and with the advice of Her Privy Council, and in pursuance and in exercise of the authority vested in Her by the said " Passengers' Act, 1855," hereby revoke the said Order in Council of the sixth day of May, one thousand eight hundred and fifty-seven, and the said Order in Council of the fifth day of December, one thousand eight hundred and sixty -five, except in so far as the latter repeals a certain Order in Council of the ninth day of January, one thousand eight hundred and sixty -three, and doth hereby order ag • follows : — Any passenger ship, whether propelled by steam engines or by sails only, or by sails and steam engines, may be cleared out and proceed on her voyage, having on board in tanis or casks only half of the quantity of pure water required by the said Act to be carried for the use of the passengers, provided that the following rules and regulations be observed, that is to say, 1. That there be on board such ship anefficieot apparatus for distilling fresh water from salt water of such a description as the Board of Trade may from time to time approve. 2. That the owners, charterers, or master of such ship, before clear- ance, lodge with the emigration officer at the port of clearance, a certifi- cate from one of the Engineer Surveyors appointed by the Board of Ti'ade, declaring that the apparatus is in good working condition, and that within seven days immediately preceding the date of such certifi- cate the same had been examined by him, and stating the number of imperial gallons of pure fresh water which it is capable of producing in every twenty-four hours, and further declaring that the apparatus on board is such as has been approved by the Board of Trade as aforesaid. 3. That in every case such emigration officer shall be satisfied that the number of gallons of pure water which the apparatus is so certified to be capable of producing in every twenty -four hours, is a number of gallons equal to the whole number of persons about to proceed on the intended voyage of such ship, that is to say, one gallon per head for the whole number of cabin passengers, passengers, and crew. 4. That there is rated on the ship's articles, and that there is on board the ship, some person or persons who, to the satisfaction of the said emigration officer, shall be competent for the proper management and repair of such distilling apparatus ; and to prevent all doubts on the construction of this Order in Council, it is hereby further ordered that the terms " Emigration Officer," " Statute Adult," " Master," and " Pas- senger Ship," shall herein have the same significations as are assigned to them in the said " Passengers Act, 1855," and " The Passengers Act Amendment Act, 1863," respectively, and the term " Board of Trade " shall herein have the meaning assigned to it by " The Merchant Shipping Act, 1854." 36. The messes into whicli the passengers in any passenger , ship may be divided shall not consist of more than ten statute adults in each mess, and members of the same family, whereof one at least is a male adult, shall be allowed to form a separate mess. The provisions according to the above scale shall be issued, such of them as require to be cooked, in a properly PASSENGER SHIPS. 505 cooked state, daily before two o'clock in the afternoon, to the & R head person for the time being of each mess on behalf and for 36-38. the use of the members thereof. The first of such issues shall rr, T ' be made before two o'clock in the afternoon of the day of em- articles which barkation to or for such passengers as shall be then on board, yequire cook- ITlff TO bs In case of non-compliance with any of the requirements of cooked, this section, the master of the ship shall for each offence be liable to a penalty not exceeding 501. 37. The Board of Trade may from time to time, by any Power to notice for that purpose, and published in the London Gazette, ^°^l^ °^ authorise the issue of provisions in any " passenger ship " authorise an according to such other dietary scale (besides that hereinbefore alternative ., ,, 11,. .... . . ,, , , dietary scale. prescribed) as shall m their opmion contain m the whole an equivalent amount of wholesome nutriment ; and after the publication of such notice it shall be lawful for the master of any " passenger ship " to issue provisions to his passengers either according to the scale by this Act prescribed, or accord- ing to the scale authorised by the said Board, whichever may have been set forth in the contract tickets of the passengers : Provided always that the said Board, by such notice as afore- Power to said, may revoke or alter any such dietary scale authorised by ^etarv*scale*'^ them as occasion may require. Some superfluous words of this section are repealed by the Statute Law Eevision Act, 1875, and have been omitted. 39 & 40 Vict. c. 80, s. 20.— It shall be lawful for the Board Power to . of Trade, if satisfied that the food, space, accommodation, or modify Pas- any other particular or thiag provided in an emigrant ship for ^^"S™ -^^^ any class of passengers is superior to the food, space, accom- g ^g^ ^^^^ modation, or other particular or thing required by the Pas- accommoda- sengers Act, 1855, and the Acts amending the same, to exempt tion in emi- such' ship from any of the requirements of those Acts with S^*"^ ^^^P^- respect to food, space, accommodation, or other particular or thiug, in such manner and upon such conditions as the Board of Trade may think fit. 38. Every "passenger ship" carrying as many as one As to pas- hundred passengers shall have on board a seafaring person, sengers' who shall be rated in the ship's articles as passengers' steward, and who shall be approved by the emigration oificer at the port of clearance, and who shall be employed in messing and serving out the proTisions to the passengers, and in assisting 506 PASSENGEE SHIPS. 38-41. Penalty on non-com- pliance. As to pas- senger cooks and cooking apparatus. to maintain cleanliness, order, and good discipline among the passengers, and who shall not assist in any way in navigating or working the ship. In case of non-compliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding 501. nor. less than 51. sterling. 39. Every "passenger ship" carrying as many as one hundred passengers shall also have on board a seafaring man, or if carrying more than three hundred " statute adults," two seafaring men, to be rated and approved as in the case of pas- sengers' stewards, who shall be employed in cooking the food of the passengers : a convenient place for cooking shall also be set apart on deck ; and a sufficient cooking apparatus, pro- perly covered in and arranged, shall be provided to the satis- faction of the said emigration officer, together with a proper supply of fuel, adequate, in his opinion, for the intended voyage. In c^-se of non-compliance with any of the require- ments of this section, the master of the ship shall for each offence be liable to a penalty not exceeding 501. nor less than 51. sterling. 40. In every foreign " passenger ship " in which as many as one half of the passengers shall be British subjects, unless the masters and officers or not less than three of them shall under- stand and speak intelligibly the English language, there shall be carried, where the number of passengers does not exceed two hundred and fifty, one person, and where it exceeds two hundred and fifty, two persons, who understand and speak in- telligibly the language spoken by the master and crew and also the English language, and such persons shall act as inter- preters, and be employed exclusively in attendance on the pas- sengers, and not in the working of the ship ; and no such ship shall clear out or proceed to sea without having such inter- preter or interpreters on board ; and the master of any such foreign ship clearing out or proceeding to sea without having • such interpreter or interpreters on board as aforesaid shall for each offence be liable to a penalty not exceeding 50Z. nor less than 51. sterling. In what cases 41. Every "passenger ship" shall in the following cases must'br^™^" carry a duly qualified medical practitioner, who shall be rated carried. on the ship's articles : Penalty on non-com- pliance. In what cases interpreters to he carried. Penalty. MEDICAL MEN FOR PASSENGER SHIPS. 507 (1.) When the duration of the intended voyage, as herein- §§ before computed, exceeds eighty days in the case of 41, 43. ships propelled by sails, and forty-five days in the case " of ships propelled by steam, and the number of pas- sengers on board exceeds fifty : (2.) "Whenever the number of persons on board (including cabin passengers, officers, and crew,) exceeds three hundred : In case of non-compliance with any of the requirements of Penalty. this section, the master shall for each offence be liable to a penalty not exceeding lOOZ. nor less than 20Z. sterling. Medical men are to be carried by all foreign going ships in certain cases (see The Merchant Shipping Act, 1854, sect. 230, p. 204). By Order in Council, dated 9th August, 1866, every passenger ship carrying more than fifty passengers on any voyage to which this Act extends (see sect. 4, p. 474), shall, whatever be the duration of the voyage, and subject to the provisions of sect. 42, carry a duly qualified medical practitioner, who shall be rated on the ship's articles. 42. No medical practitioner shall be considered to be duly Qualification qualified for the purposes of this Act unless authorised by law "ledical to practise in some part of Her Majesty's dominions, or, in the case of a foreign ship, in the country to which such ship may belong, as a physician, surgeon, or apothecary, nor unless his name shall have been notified to the emigration officer at the port of clearance, and shall not be objected to by him, nor unless he shall be provided with proper surgical instruments to the satisfaction of such officer : Provided, nevertheless, that where the majority of the passengers in any " passenger ship," or as many as three hundred, are foreigners, any medical prac- titioner who may be approved by such emigration officer may be carried therein. In case any person shall proceed or attempt pe^aity to proceed as medical practitioner in any " passenger ship " without being duly qualified as aforesaid, or contrary to any of the requirements of this section, such person and all persons aiding or abetting therein shall for each offence be liable to a penalty not exceeding 100?. nor less than lOZ. sterling. By an order of the Board of Trade, dated February, 1874, surgeons of Medical men passenger ships are required to sign both copies of the articles, as an to sign both additional precaution against unqualified persons obtaining medical copies of the charge of emigrants. The emigration officers at the outports are re- articles, quested to see that the persons presenting themselves for such medical man. 508 MEDICINES FOB PASSENGER SHIPS. §g appointments are duly qualified according to the requirements of this ° section, and in the case of British practitioners, that their names appear 42-44. in the Medical Register, or that they are possessed of a certificate showing that they have been registered in accordance with the Medical Act, 1858. If necessary the medical inspector of the port should be re- quested to state his opinion of the applicant's fitness for the duties he seeks to discharge. Medicines and medical comforts. Penalty. Medical in- spection of ' passengers and medi- cines, &c. 43. The owner or cliarterer of eyery " passenger ship " shall proTide for the use of the passengers a supply of medicines, medical comforts, instruments, and other things proper and necessary for diseases and accidents incident to sea voyages, and for the medical treatment of the passengers during the voyage, including an adequate supply of disinfecting fluid or agent, together with printed or written directions for the use of the same respectively ; and such medicines, medical com- forts, instruments, and other things shall, in the judgment of the emigration officer at the port of clearance, be good in quality, and sufficient in quantity, for the probable exigencies of the intended voyage, and shall be properly packed and placed under the charge of the medical practitioner, when there is one on board, to be used at his discretion. In case of non-compliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding 501. nor less than 51. sterling. 44. No "passenger ship," except as hereinafter provided, shall clear out or proceed to sea until some medical practi- tioner, to be appointed by the emigration officer at the port of clearance, shall have inspected such medicines, medical com- forts, and other articles as are required to be supplied by the last preceding section, and also all the passengers and crew about to proceed in the ship, and shall have certified to the said emigration officer that the said ship contains a sufficient supply of medicines, medical comforts, disinfecting fluid or agent, instruments, and other things requisite for the medical treatment of the passengers during the intended voyage, nor until such medical practitioner shall have certified, and the said emigration officer shall be satisfied that none of the pas- sengers or crew appear, by reason of any bodily or mental disease, unfit to proceed, or likely to endanger the health or safety of the other persons about to proceed in such vessel. Such medical inspection of the passengers shall take place PASSENGER SHIPS. 509 either on board the vessel, or, at the discretion of the said § § emigration officer, at such convenient place on shore before 44, 45. embarkation as he may appoint ; and the master, owner, or charterer of the ship shall pay to such emigration officer a sum at the rate of twenty shillings for every hundred persons so examined : Provided also, that in case the emigration officer proviso on any particular occasion shall be unable to obtain the ^^^T^ ^° attendance of a medical practitioner, it shall be lawful for the spectioncanbe master of any such ship to clear out and proceed to sea, on obtained, receiving from the said emigration officer written permission for the purpose. In case any " passenger ship " shall clear out or proceed to sea without having complied with all the require- ments of this section, the master of such ship shall for each offence be liable to a penalty not exceeding 1001, nor less than 51. sterling. JFor the enactments respecting the medical inspection of seamen, see Penalty, the " Merchant Shipping Act, 1854," s. 228, p. 203, 45. If the emigration officer at any port shall be satisfied Ee-landing of that any person on board or about to proceed in any " pas- a^ount^of °^ senger ship " is by reason of sickness unfit to proceed, or is for sickness or that or for any other reason likely to endanger the health or ^'^- V^^^Y^S safety of the other persons on board, the said emigration officer shall prohibit the embarkation of such person, or if embarked shall require him to be relanded ; and if such emi- gration officer shall be satisfied that it is necessary, for the purification of the ship or otherwise, that all or any of the passengers or persons on board should be relanded, the said emigration officer may require the master of the ship to reland all such passengers or persons, and the master shall thereupon reland such passengers or persons, with so much of their effects and with such members of their families as cannot in the judgment of such emigration officer be properly separated from them ; and in case of non-compliance with any of the Penalty, requirements of this section, the master, owner, or charterer of the ship shall for each offence be liable to a penalty not ex- ceeding 200Z. nor less than 10?. ; and any passenger or person embarking after such prohibition, or refusing or neglecting to leave the ship when so directed to be relanded, shall be liable to be summarily removed, and to a penalty not exceeding forty 510 passengers' eights. 45-48. As to return of passage- money to relanded on account of sickness, &c. Section 46 of recited Act to apply to cabin passengers, and passage- money made recoverable immediately on re-landing. Subsistence money to be paid to pas- sengers re- landed. Return of passage money and compensa- tion to passen- gers where passages not provided for them accord- ing to con- tract. shillings for each day which he shall remain on board after the giving of such prohibition or direction. Passengers' Bights. 46. Any passenger so relanded on account of the sickness of himself or .of any member of his family who may not be re- embarked and finally sail in such ship, or any emigration officer on his behalf, shall be entitled to recoyer, by summary process, the whole of the moneys which may have been paid by or on account of such passenger for his passage, and that of the members of his family so relanded, from the party to whom the same may have been paid, or from the owner, char- terer, or master of such ship, or any of them, at the option of such passenger or emigration officer. 26 & 27 Vict. c. 51, s. 11.— The forty-sixth section of the said " Passengers Act, 1855," shall be applicable to cabin as well as to other passengers landed on account of sickness ; and the passage money of all cabin or other passengers so landed may be recovered in the manner pointed out in the said Act, upon the delivery up of their contract tickets, and notwith- standing that the ship may not have sailed : Provided always, that in the case of cabin passengers so landed one half only of their passage money shall be recoverable. 47. The master of any " passenger ship," from which the whole or any part of the passengers shall be relanded on account of any of the reasons mentioned in section 45, shall pay to each passenger so relanded (or if he shall be lodged and maintained in any hulk or establishment under the super- intendence of the Board of Trade, then to the emigration officer at the port,) subsistence money at the rate of one shil- ling and sixpence a day for each statute adult until he shall be re-embarked or decline or neglect to proceed, or until his pas- sage money, if recoverable under the forty-sixth section of this Act, be returned to him. 48. Tf any person by whom or on whose behalf any contract shall have been made for a passage in any ship proceeding on any voyage to which this Act extends, shall be at the place of embarkation before six o'clock in the afternoon of the day of embarkation appointed in such contract, and shall, if required, pay the stipulated passage money, or the unpaid balance passengers' eights. 511 thereof, and- if from any cause whatever, other than his own § § refusal, neglect, or default, or the prohibition of an emigration 48, 49. officer, as hereinbefore mentioned, or the requirements of any Order in Council, such passenger shall not be received on board before that hour, or if from any such cause as aforesaid any passenger who shall have been received on board shall not either obtain a passage in such ship to the port at which he may have contracted to land, or, together with all the imme- diate members of his family who may be included in such contract, obtain a passage to the same port in some other equally eligible ship, to saij within ten days from the expira- tion of the said day of embarkation, and in the meantime be paid subsistence money from the time and at the rate herein- after mentioned, such passenger, or any emigration officer on his behalf, shall be entitled to recover either, from the party to whom or on whose account the same may have been paid, or (in case such contract shall have been made with the owner, charterer, or master of such ship, or with any person acting on behalf or by the authority of any of them respectively,) from such owner, charterer, or master of such ship, or any of them, at the option of such passenger or emigration officer, all moneys which shall have been paid by or on account of such passengers for such passage, and also such farther sum, not exceeding lOl in respect of each such passage, as shall, in the opinion of the justices of the peace who shall adjudicate on the complaint, be a reasonable compensation for the loss or inconvenience occasioned to such passenger by the loss of such passage. 49. If any ship, whether a " passenger ship " or otherwise. Subsistence shall not actually put to sea, and proceed on her intended ^?^^^- °^ voyage before three o'clock in the afternoon of the day next after the said day of embarkation, the owner, charterer, or master of such ship, or his or their agent, or any of them, at the option of such passenger or emigration officer, shall pay to every passenger entitled to a passage (or if such passenger shall be lodged and maintained in any establishment under the superintendence of the Board of Trade, then to the emi- gration officer at the port of embarkation,) subsistence money after the rate of one shilling and sixpence for each statute adult in respect of each day of delay for the first ten days, and afterwards three shillings a day for each statute adult, until the 512 passengers' rights. 49, 50. Ships putting back to re- plenish pro- visions, &c. Penalty on master for default. Ships putting tack to he reported to emigration officer. Penalty on master for neglect. final departure of such ship on such voyage, and the same may be recovered in manner hereinafter mentioned ; provided that if the passengers be maintained on board in the same manner as if the voyage had commenced, no such subsistence money shall be payable for the first two days next after the said day of embarkation, nor if they shall be maintained shall such sub- sistence money be payable if the ship be unavoidably detained by wind or weather, or by any cause not attributable in, the opinion of the emigration officer to the act or default of the owner, charterer, or master. 50. If any " passenger ship " shall, after clearance, be de- tained in port for more than seven days, or shall put into or touch at any port or place in the United Kingdom, she shall not put to sea again until there shall have been laden on board, at the expense of the owner, charterer, or master of such ship, such further supply of pure water, wholesome provisions of the requi- site kinds and qualities, and medical comforts and stores, as may be necessary to make up the full quantities of those articles hereinbefore required to be laden on board for the intended voyage, nor until any damage she may have sustained shall be effectually repaired, nor until the master of the said ship shall have obtained from the emigration officer or his assistant, or, ■where there is no such ofl&cer, or in his absence, from the officer of customs at such port or place, a certificate to the same effect as the certificate hereinbefore required to enable the ship to be cleared out ; and in case of any default herein the said master shall be liable, on conviction as hereinafter mentioned, to a penalty not exceeding 100?. nor less than 501. sterling ; and if the master of any " passenger ship " so putting into or touching at any port or place as aforesaid shall not within twelve hours thereafter report in writing, his arrival, and the cause of his putting back, and the condition of his ship, and of her stores and provisions, to the emigration officer, or, as the case may be, to the officer of customs at the port, and shall not produce to such officer the official or "master's list" of passengers, such master shall for each offence be liable to a penalty not exceeding 201. nor less than 2Z. sterling. See sect. 11 of this Act, p. 477, as to this certificate, and as to appeals to the Court of Survey in case of its refusal. PASSENGERS RIGHTS. 513 51. Repealed by 26 & 27 Vict. c. 51, s. 12. 26 & 27 Vict. c. 51, s. 14. — If any passenger ship shall be wrecked, or otherwise rendered unfit to proceed on her in- tended voyage, while in any port of the IJnited Kingdom, or after the commencement of the voyage, and if the passengers, or any of them, shall be brought back to the United Kingdom, or if any passenger ship shall put into any port or place in the United Kingdom in a damaged state, the master, charterer, or owner shall, within forty-eight hours thereafter, give to the nearest emigration officer, or in the absence of such officer to the chief officer of customs, a written undertaking to the fol- lowing effect ; that is to say, if the ship shall have been wrecked, or rendered unfit as aforesaid to proceed on her voyage, that the owner, charterer, or master thereof shall embark and convey the passengers in some other eligible ship, to sail within six weeks from the date thereof, to the port or place for which their passages respectively had been previously taken ; and if the ship shall have put into port in a damaged state, then that she shall be made seaworthy and fit in aU respects for her intended voyage, and shall, within six weeks from the date of such undertaking, sail again with her passengers ; in either of the above cases the owner, charterer, or master shall, until the passengers proceed on their voyage, either lodge and maintain them on board in the same manner as if they were at sea, or pay to them subsistence money after the rate of one shilling and sixpence a day for each statute adult, unless the passenger shall be maintained in any hulk or establishment under the superintendence of the Board of Trade, mentioned in the said Passengers Act, 1855, in which case the subsistence money shall be paid to the emigration officer at such port or place. If the substituted ship or damaged ship, as the case may be, shall not sail within the time prescribed as aforesaid, or if default shall be made in any of the requirements of this section, such passengers respectively, or any emigration officer on their behalf, shall be entitled to recover, by summary pro- cess, as in the said Passengers Act, 1855, s. 46, is mentioned, all moneys which shall have been paid by or on account of such passengers, 'or any of them for such passage, from the party to whom or on whose account the same may have been paid, or from the owner, charterer, or master of such ship, or any of them, at the option of such passenger or emigration officer ; provided that the said emigration officer may, if he shall think it necessary, direct that the passengers shall be removed from such damaged " passenger ship " at the expense of the master thereof ; and if after such direction any pas- senger shall refuse to leave such ship, he shall be liable to a penalty not exceeding forty shillings, or to imprisonment not exceeding one calendar month. §51. In case of wreck or m or near United Kingdom, passengers to be provided with a passage by some other vessel, and maintained in the meantime. Power to re- move pas- sengers from- damaged ship ; penalty on passengers refusing to leave. 514. passengers' eights. 52-54. Secretary of State, &c. may pay expenses of taking off passengers at sea. Governors or consuls may send on pas- sengers if the master of the ship fail to do so. Expenses in- curred under the two pre- ceding sec- tions to he a debt due to the Crown. 52. If the passengers or cabin passengers of any "pas- senger ship " shall be taken off from any such " passenger ship " or shall be picked up at sea from any boat, raft, or otherwise, it shall be lawful, if the port or place to which they shall be conveyed shall be in the United Kingdom, for one of Her Majesty's principal secretaries of state, or if in any of Her Majesty's colonial possessions, for the governor. of such colony, or for any person authorised by him for the purpose, or if in any foreign country, for Her Majesty's consular oiBcer, at such port or place therein, to defray all or any part of the expenses thereby incurred. 53. Repealed by 26 & 27 Vict. c. 51, s. 12. 26 & 27 Vict. c. 51, s. 15. — If any passenger or cabin pas- senger of any " passenger ship " shall, without any neglect or default of his own, find himself within any colonial or foreign port, or place other than that for which the ship was originally bound, or at which he, or the Board of Trade, or any public oflBicer or other person on his behalf, may have contracted that he should land, it shall be lawful for the governor of such colony, or for any person authorised by him for such purpose, or for Her Majesty's consular oflBicer, at such foreign port or place, as the case may be, to forward such passenger to his intended destination, unless the master of such ship shall, within forty-eight hours of the arrival of such passenger, give to the governor or consular oificer, as the case may be, a written undertaking, to forward or carry on within six weeks thereafter, such passenger or cabin passenger to his original destination, and unless such master shall accordingly forward or carry him on within that period. 54. Repealed by 26 & 27 Vict. c. 51, s. 12. 26 & 27 Vict. c. 51, s. 16. — All expenses incurred under the last preceding section or under the fifty-second section of " The Passengers Act, 1855," or either of them, by or by.the authority of such Secretary of State, governor, or consular officer, or other person, as therein respectively mentioned, including the cost of maintaining the passengers until for- warded to their destination, and of all necessary bedding, provisions, and stores, shall become a debt to Her Majesty and her successors from the owner, charterer, and master of such ship, and shall be recoverable from them, or from any one or more of them, at the suit and for the use of Her Majesty, in like manner as in the case of other Crown debts ; and a certi- ficate in the form in Schedule (A.) hereto annexed, or as near thereto as the circumstances of the case will admit, purporting CERTIFICATE IN CASE OF SHIPWRECK. 515 to be under the hand of any such Secretary of State, governor, or consular officer (as the case may be) stating the total amount of such expenses, shall in any suit or other proceeding for the recovery of such debt be received in evidence without proof of the handwriting or of the official character of such Secretary of State, governor, or consular officer, and shall be deemed sufficient evidence of the amount of such expenses, and that the same were duly incurred, nor shall it be neces- sary to adduce on behalf of Her Majesty any other evidence in support of the claim, but judgment shall pass for the Crown, with costs of suit, unless the defendant shall specially plead and duly prove that such certificate is false or fraudulent, or shall specially plead and prove any facts showing that such expenses were not duly incurred under the provisions of this Act, and of the said " Passengers Act, 1855," or either of them : Provided nevertheless, that in no case shall any larger sum be recovered on account of such expenses than a sum equal to twice the total amount of passage money received or due to and recoverable by or on account of the owner, charterer, or master of such passenger ship, or any of them, for or in respect of the whole number of passengers and cabin passengers who may have embarked in such ship, which total amount of passage money shall be proved by the defendant, if he will have the advantage of this limitation of the debt ; but if any such passengers are forwarded or conveyed to their intended destination under the provisions of the last preceding section, they shall not be entitled to the return of their passage money, or to any compensation for loss of passage under the provisions of tbp paid ' Passengers Act, 1855." SCHEDUIiE (A). Poem of Govbenoe's or Consul's Cbetificatb of Expendittjee in the case of Passengers shipwrecked, &c. I hereby certify, That, acting under and in conformity with the pro- visions of the British " Passengers Act, 1855," and of the " Passengers Act Amendment Act, 1863," I have defrayed the expenses incurred in rescuing, maintaining, supplying with necessary bedding, provisions, and stores {a), and in forwarding to their destination passengers [including cabin passengers (J) ], who were proceeding from to in the passenger ship which was wrecked at sea, &c. (c). And I further certify, for the purposes of the sixteenth section of the said " Passengers Amendment Act, 1863," that the total amount of such expenses is pounds, and that such expenses were duly incurred by me under the said Acts or one of them. § 54. 18 Given under my hand, this day of , Governor of, ^c, (or as the case may be) Her Britetnmc Majesty's Consul at L L 2 Passengers forwarded by Governor, &o not entitled to return of money. (a)KB.— 1. If more pas- sengers were rescued than forwarded, or if beddiQg,&c. was not sup- plied, alter the certificate to suit the facts of the case. (h) N.B.— 2. Omit words in brackets when necessary, (c) KB.— 3. State generally the nature of 516 INSURANCE MONEY. 55-59. the disaster and where it occurred. But if the passen- gers were only left hehind without any default of their own, state the fact accordingly. Insurance of passage money not to he void on ac- count of the nature of the risk. Penalty on wrongfully landing pas- sengers. Passengers to be maintained for forty-eight hours after arrival. Penalty. Passengers' ' right of action preserved. 55. No policy of assurance effected in respect of any pas- sages, or of any passage or compensation monies, by any per- son by this Act made liable, in the events aforesaid, to provide such passages or- to pay such monies, or in respect of any other risk under this Act, shall be deemed to be invalid by reason of the nature of the risk or interest sought to be covered by such policy of assurance. 56. If any passenger in any ship, whether a "passenger ship " or otherwise, shall be landed at any port or place other than the port or place at which he may have contracted to land, unless with his previous consent, or unless such landing shall be rendered necessary by perils of the sea, or other un- avoidable accident, the master shall for each offence be liable to a penalty'not exceeding 50?., nor less than lOZ. sterling. 57. Every passenger in a " passenger ship " shall be entitled for at least forty-eight hours next after his arrival at the end of his voyage to sleep in the ship, and to be provided for and maintained on board thereof in the same manner as during the voyage, unless within that period the ship shall quit such port or place in the fiarther prosecution of her voyage. In case of non-compliance with any of the requirements of this section, the master shall for each offence be liable to a penalty not exceeding 5?. sterling. 58. Nothing herein contained shall take away or abridge any right of action which may accrue to any passenger in any ship or to any other person, in respect of the breach or non- performance of any contract made or entered into between or on behalf of any such passenger or other person, and the master, charterer, or owner of any such ship, or his or their agent, or any passage broker. Her Majesty 59, U; ghall be lawful for Her Majesty, by any order in may, by orders j ^ j ./ in council, council, to prescribe such rules and regulations as to Her ^^escnbe rules Majesty may seem iit for the following purposes; (that is to ■ ■ say,) 1st. For preserving order, promoting health, and seeming cleanliness and ventilation on board of "passenger ships " proceeding from the United Kingdom to any port or place in Her Majesty's possessions abroad. herein described, EULES AND REGULATIONS. 517 2nd. For permitting the use on board of " passenger ships " r s of an apparatus for distilling water, and for defining 59-60. in such case the quantity of fresh water to be carried ' in tanks or casks for the passengers. 3rd. For prohibiting emigration from any port or ports at any time when choleraic or any epidemic disease may be generally prevalent in the United Kingdom or any part thereof, or for reducing the number of. passengers allowed to be carried in " passenger ships " generally, or from any particular ports under the provisions of this Act. 4th. For requiring duly qualified medical practitioners to be carried in " passenger ships," in cases where they would not be required to be carried under the pro- visions of this Act. Any such order in council may from time to time in like manner be altered, amended, and revoked, as occasion may require. Any copy of such order in council contained in Gazette and the London Gazette, or purporting to be printed by the Queen's ?^°PJ®^ printed printer, shall throughout Her Majesty's dominions be received printer to be in all legal proceedings as good and sufficient evidence of the evidence of making and contents of any such order in council. 60. In every such " passenger ship " the medical practitioner Sm-geon or on board, aided by the master thereof, or, in the absence of Master to such medical practitioner, the master of such ship is hereby dience to rules empowered to exact obedience to all rules and regulations andregula- which may be prescribed by any such order in council to be -penalty on observed on board passenger ships as aforesaid ; and any per- refusal, son on board who shall neglect or refuse to obey any such rule or regulation, or who shall obstruct the medical practitioner or master of such ship in the execution of any duty imposed upon him by any such rule or regulation, or who shall offend against any of the provisions of this Act, or who shall be guilty of riotous or insubordinate conduct, shall be liable for each offence to a penalty not exceeding 2Z. sterling, and, in addition thereto, to be confined in the common gaol for any period not exceeding one month, at the discretion of the justices who shall adjudicate on the complaint. As to misconduct by passengers, see also under s. 323 of the " Merchant Shipping Act, 1854," p. 296. 518 BEGULATIONS FOK ORDER AND HEALTH. § 60. Safety de- pendent on discipline. Implied con- dition on tlie pajt of the passenger. Must not do things dan- gerous to landsmen. may m some cases be arrested. Exclusion from the mess. Master' i Authority over Passengers. As the safety of the ship and all on lioard depends on the maintenance of discipline and obedience to the master's orders, passengers are in certain cases bound to obey the master. There is an implied condition in the passenger's contract that he will submit to do what is necessary for the security of the vessel, if ordered by the captain (a). But the master must be careful not to impose duties on the passenger that are not warranted by the necessities of the case. If there is a chance of the ship's being attacked, he may order passengers to fight with weapons they understand (J). In case of a leak or other danger to the ship, passengers may be required to work at the pumps, or to assist in pulling the ropes (c). But they must not be asked to do anything that would be dangerous to them as landsmen, though safe enough for a seaman, such as going out upon the yard-arm during a strong wind, or other duties requiring nautical skill (^ 5 s b- ' o S,^ 9 2 93 S wo o 2 - .2-sf^ag ■a £■3 Ota •S«S ■5'o'3 »« J m o " S S ,, 5 fl d ,a "J » 2^ la^5 S ao'^ ■g C S ff-a d *^ " " -S ■§ Sr S, M Srt fl iS^Sslb-ggls&g'si^'g i I P o a o 02 u 3 « 1 Sa 0) 2 S S S'S |:S|«ag^ dg^ 2 N aiSs N ^ "■^a rt 1 ll§ . ai 15 9 » 1^ H-g e ©CO ■si" •sll , "OS " o M S I oda II CO 03 93-t. rt 0+3 d-g§ 22 is'8.& fM.2 « >3 « -C ■ 9 dofl SSg Sis . -Sol S " **» ,S ? oS d'^sl °sal 2 ? i & „ d "S ill ■§a"^ ■ips I. "I'SM rJ0g-8' d 2.-S" •III 1 11 a "^ p.^ Mo*>g - * " ■S3l5S§?.io5 a " 2 '3 . " £?J^ ■O '" s^ -"So ■ga-jSdiS a-a-^ft *| ■°o B "as o ;:! H en Ph ■"ago ..-g o d £-g M 'S"dS'^2SB<« gi|».g3g|l^fi§i5| n^ft'S ^"'"odoSPoS O i) m (rt o 33-a-SS 0«J3 ® a— &^.g ■ala oj o a o fteS ■§s§ 5S*« -q, . J O O " „ |.d-2aS|.^JS5S-So 1»oa»g3affl'g&s^-S 05^ « fflpH 3 H o „^ !§>£ ft-e d -„ w ;|^4i 2 o S ft »4 V HH n ^ f)>M a I am also of opinion that the costs of this appeal should he paid hy A.B. to the Solicitor of the Board of Trade [or by the Solicitor to the Board of Trade to A.B. ; or that all parties shall pay their own costs]. Dated this day of 18 , Judge. We [or I] concur in the above report. Assessor. No. 6. — Orierfor Payment of Costs, or of Costs and Dcm,ages. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for , In the matter of an Appeal by from [The parties to this appeal having, by agreement in writing, con- sented to refer the question whether any costs or costs and damages are due, and to and ftom whom, to me or us, with liberty to assess the amount thereof], I order (1) That the Board of Trade do pay to the appellant the sum of for the costs [or the costs and damages] incurred by reason of such detention and survey. or (2) that the appellant do pay to the Solicitor of the Board of Trade the sum of for the costs incurred by reason of the detention and survey of the said ship. or (3) that each party pays his own costs. Given under my hand this day of 18 . Judge. We [or I] concur in the above order. Assessor. APPENDIX C. £ 4". d. On filing notice of appeal, for every 60 tons of the gross registered tonnage of the ship 10 On filing every afiidavit 2 6 £ s. d. 10 2 6 10 2 6 RULES FOE IITQUIRY INTO WRECK. 563 On entering appearance On every subpoena On every statement of the order required to be made by the Court On the production and swearing of every witness . . . On every consent by the parties to refer the question of costs, or of costs and damages, to the Court or Judge, to be paid by each party 10 On every hearing, for each day, to be paid by each ^ . 10 party, the ainount thereof to be £tt the discre- > . 5 o tion of the Judge ) On every order whether for the release or detention of the ship or for payment of costs, or costs arid damages, to be paid by the party taJdng out the order . . .10 On every office copy of the Judge's judgment or report, of the shorthand writer's notes of the evidence, or of any of the proceedings in the appeal, per folio of 72 words 6 THE MERCHANT SHIPPING ACTS, 1854 TO 1876. Geneeal Exiles poe, Foemal Investigations into Shipping Casualties, 1876. WHEREAS by the Merchant Shipping Act, 1876, it is provided that the Lord High Chancellor of Great Britain may from time to time make general rules for carrying into effect the enactments relating to formal investigations into shipping casualties : Now, therefore, I, the Right Honourable Hugh MacCalmont, Baron Cairns, Lord High Chancellor of Great Britain, do order as foUows : Short Title. 1. These Rules may be cited as " The Shipping Casualties Rules, 1876." ComTnencement. 2. These Rules shall come into operation on the 1st day of October, 1876. Interpretation. 3. In the construction of these Rules words importing the singular number shall include the plural, and words importing the plural number shaU include the singular number ; and the words " shipping casualty" shall have and include the meaning given to them in the Merchant Shipping Act, 1876 ; and the word "Judge "shall mean the authority by whom any formal investigation into a shipping casualty is held. 002 564 APPENDIX. Publication of Rules. 4. These Rules shall be puWished by Her Majesty's Stationery Office through its agents, and a copy shall be kept at every Custom- house and Mercantile Marine Office in the United Kingdom, and may be perused -thereat by the master or owner of any ship, and by any person deputed by him. Notice of holding Investigation. 5. When the Board of Trade has directed that a formal investigation into a shipping casualty shall take place, they shall cause a notice to be served upon the master and upon the certificated officers of the ship who were on board at the time of the happening of the casualty, in the Form No. 1 in the Appendix. 6. The Board of Trade may, if they think fit, cause a notice of the investigation to be served upon the owner, and also upon any other person who appears to have been in any way responsible for the casualty. Parties. 7. The Board of Trade, and the Defendant, hereinafter referred to, shall be parties to the proceedings. 8. Any person, having any interest iii the investigation, shall, on filing an affidavit showing the nature of his interest, have a right to appear, and shall thereupon become a party to the proceedings. 9. Any other person may, by permission of the Judge, appear, and shall thereupon become a party to the proceedings. Notice to Produce. 10. Either party may give to the other a notice in writing to pro- duce such documents (saving all just exceptions) as relate to any matters in difference, and which are in the possession or control of such other party ; and if such notice be not complied with, secondary evidence of the contents of the said documents may be given by or on behalf of the party who gave such notice. Notice to Admit. 11. Either party may give to the other party a notice in writing to admit any docu.ments (saving aU just exceptions) ; and in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving such docu- ments, whatever the result may be, unless the Court is of opinion that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the oflicer by whom the costs are taxed, a saving of expense. KULES FOR INQUIRY INTO WRECK. 565 12. The Wreck Commissioner shall have power to issue subpojnas as nearly as may he in the form used in the High Court of Justice, and such subpoenas shall have effect, and may be served in any part of the United Kingdom. Affidavits. 13. Affidavits may, by permission of the Judge, be used as evidence at the hearing, when sworn to in any of the following ways, viz. : — In the United Kingdom, before the Judge, or before a person authorized to administer oaths in the Supreme Court of Judi- cature, or before a Justice of the Peace for the covmty or place where it is sworn or made. In any place in the British dominions out of the United Kingdom, before any Coxirt, Judge, or Justice of the Peace, or any person authorized to administer oaths there in any Court. In any place out of the British dominions, before a British Mi- nister, Consul, Vice-Consul, or Notary Public, or before a Judge or Magistrate, his signature being authenticated by the official seal of the Court to which such Judge or Magistrate is attached. Proceedings m Court. 14. The proceedings shall commence with the examination of the master, officers, and any other person who was on board at the hap- pening of the casualty, and who can give material evidence in regard thereto. 15. On the completion of their examination, the Board of Trade shall state, in writing, whether they have any, and if so, what charge to make against any person, and against whom. 16. Where the person against whom a charge is made, in these Eules called the Defendant, is in Court, or before the Court, the Board of Trade may make him a party to the proceedings by hand- ing to him a copy of the charge. 17. Where the Defendant is not in Court, or before the Court, the Judge may, on the application of the Board of Trade, cause a sum- mons to be served upon him in the Form No. 2 in the Appendix. 18. When the Defendant has become a party to the proceedings, or when the time allowed for his appearance has expired, and he has not appeared, the Board of Trade shall produce any further wit- nesses whom they may wish to examine. 19. The Defendant shall then produce any witnesses whom he may wish to examine. 20. The Judge may then allow any further witnesses to be ex- amined before him. 21. When the evidence is concluded, the ]3efendant, and any par- 566 . APPENDIX. ties who may have appeared, ^hall fir^t he heard, and afterwards the Board of Trade. 22. The Judge may adjourn the Court from time to time and from place to place, as may he most convenient. 23. The Judge may deliver the decision of the Court either vivS, voce or in writing ; and, if in writing, it may be sent or delivered to the respective parties, and it shall not be necessary to hold a Court merely for the purpose of giving the decision. 24. If, however, the Judge decides that the certificate of any officer is to be cancelled or suspended, he shall give his decision in open Court. 25. The Judge may, if he thinba fit, pviei the costs and expenses of the proceedings, or any part thereof, to be paid by the Board of Trade, or by the parties to the prpceedings, or by any one or more of them, in the Form No. 3 in the Appendix. 26. The Judge shall report to the Board of Trade in the Form No. 4 in the Appendix. ; Oom/jfmiaHon, af Time,. 27. In computing the number of days within which any act is to be done, the same shall be reckoned exclusive of the first day and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, or Good Friday, or on a day appointed for a Public Fast or Thanksgiving, iq. whieh case the time shall be reckoned exclusive of that day also. 28. The days between Thursday next before and the Wednesday next after Easter Day and Christmas Pay, and the three following days, shall not be reckoned or included in the computation. Service 0^ Nqtimt &Q- 29. Any notice, summons, pr Rtber dQSmnWt issuing out of the Court may be served by post. 30. The service of any notipg, summpns, OP otfeei document may be proved by the oath or affidSTit of the perspn by whom it was served. Dated this 29th day of September, l§76. Cairns, C. APPEHDIX. The following forms shall be employed, as far as possible, with such alterations as circumstances may require, but no deviation from the prescribed forms shall invalidate the proceedings, unless the Judge shall be of opinion that the deviation was material. APPENDIX. 567 No. 1. — Notice of holding a formal Investigation. The Merchant Shipping Acts, 1854 to 18761. To Master, Mate, Engineer, or Owner gf the British steam [or sailing] ship of . In pursuance of the provisions of section 23 of t]ie Merchant Shipping Act Amendment Act, 1862, 1 hereby give you notice that the Board of Trade have ordered a formal investigatipn to he held into the circumstances attending the and that subjoined hereto is a copy of the report [or gt,at§nient of the case], upon which the said investigation has been ordered, Dated this day of 18 . Solicitor, Board of Trade. Copy report {or statement of case). No. 2. — Summons to Person against whom a charge is made. The Merchant Shipping Acts, 1854 to 1876. To of Whereas, under and by virtue of the above Acta, the Board of Trade has ordered a formal investigation to be held into the circum- stances attending the of the British ship of ; and it hath been made to appear to me, the un- dersigned, that you are a person interested in the said Investigation, inasmuch as you are charged with {here set out the ahav-ge), These are therefore to require you to he and to ^ppgEtf beffij§ me on the day of 18 , at thq hour in the noon at , tq fttt^pd the gaid investigation. Given under my hand this day of JS , Judge No. 3. — Order on a party for Payment of Costs of Jnwatigation. The Merchant Shipping Acts, 1854 to 1876. In the matter of a formal investigation into (here state the casualty) held by (here set out the authority which held the irwestigation). The Court, having inquired into the circumstances of this shipping casualty, orders (1) that A. B., of , do P3.y %q the Solicitor to the Board of Trade the sum of pounds pji account of the expenses of this investigation, gn or heforg tjip day of , 18 '; or (2) that the Board of Trade do pay to A.B. of the sum of pounds, on account of the expenses of this investigation, on or before the day of , 18 . Given under my hand, this day of , 18 . Judge , 668 APPENDIX. No. 4. — Report of Court. The Merchant Shipping Acts, 1854 to 1876. In the matter of a formal investigation into (here state the casvMlty) held by (here set out the authority which held the investigation). I do report that having carefully inc[Uired into the circumstances of the above-mentioned shipping casualty, I have I am also of opinion that the costs of this investigation should be paid by A. B. to the Solicitor to the Board of Trade [or by the Solicitor to the Board of Trade to A. B. ; or that all parties shall pay their own costs.] Dated this day of 18 . We [or I] concur in the above report. Judge. Assessor. Assessor. Nautical Assessors. List of Nautical Assessors for formal Investigations into Shipping Casualties, approved by Her Majesty's Principal Secretary of State for the Home Department, under the authority of the 30th section of the Merchant Shipping Act, 1876 : — Royal Ncmy. Commander H. D. Bnmey, E.N. Commander G. H. Forster, E.N. Captain J. F. G. Grant, R.N. Captain G. T. Holt, I.N. Commander H. Knox, RN. Staff Commander Perry, R.N. Captain B. S. Pickard, E.N. Eear-Admiral E. A. PoweU, O.B. Commander G. Visconti, E.N. Mercantile Namy. Captain T. Beasley. Captain G. Burnett. Captain J. S. Castle. Captaiu H. Harris. Captain E. Hight. Captain W. Parfltt. Captain A. Eonaldson. Captain J. Sceales. Captain C. Y. Ward. Captain E. WOson. Wreck Commissioner. The Lord Chancellor has appointed Henry Cadogan Rothery, Esq., to be a Wreck Commissioner for the United Kingdom, in pursuance of the provisions of " The Merchant Shipping Act, 1876." INDEX. ABANDONMENT oJE seamen abroad a misdemeanor, 185 unless statute is complied with, 185 of foreign seamen in this country, 192 ABROAD, crimes committed. See Crimes. effects of seamen dying, 178 discharge of seamen, 183 forcing seamen ashore and leaving them, 185 certificate on discharge of seamen, 185 payment of wages to, 186, 187 distressed seamen, 188 how to be conveyed home, 189 ^ relief of, 190 inquiry into death on ship, 231 salvage services by Navy ship, 407 who are British subjects, though born, 15 ABSENCE of seamen without leave twenty -four hours before sailing, 214 American law, 216 of witness in Scotland, 448 ACCIDENTS inspectors to inquire into, 12 to steamers to be reported to Board of Trade, 298 meaning of inevitable, in collision, 258 inquiries into, 364 prevention of, rules for, 243 See Collisions and Wreck ACCOMMODATION for seamen, 204 for passengers, 488 ACT OF GOD defined, 424 ACTIONS, merits of, determined by lex loci, 261 against foreign ship causing damage, 445 causes to be now called, 460 in rem to be enforced with diligence, 418 in foreign courts, 469 limitation of. See Limitation 570 INDEX. ADJUSTMENT of compasses, 285 ADMINISTEATION, letters of, when not required for seamen, 179 ADMIRALTY, definition of, 3 in Appellate Jurisdiction Act, 459 Eigh Court of, merger of, in High Court of Justice, 450 appeals from, 450 to, from justices, 390 antiquity of, 460 evidence in, 451 restriction on proceedings in, 453 powers of over mortgages, 76 over wages, 172 when salvage claimed exceeds £200, 394. in other salvage cases, 399 over bottomry, 99 over maritime liens, 417 over employment of ship, 36 in collision cases, 259, 262 to arrest foreign ship, 444 to remove master, 209 to reduce salvage agreement, 385 to enforce salvage bond, 411 as to seamen volunteering into the Navy, 194 jurisdiction of the crown, 369 as to offences by seamen abroad, 229 as to crimes abroad by any subjects, 438 as to offences on board ships, 437 in the colonies, 445 of County Courts, 451 See County Courts droits of, 369 instructions to receivers of, 392 ADULT statute, meaning of, 473 ADVANCE NOTE, 156 AFFIDAVITS to be used in Court of Survey, 552 in inquiry into shipping casualty, 565 AFRICAN AND ASIATIC passengers (emigrants), 482 sailors. See Lascars AGREEMENTS with seamen, particulars to be contained in, 128 are construed favourably for seamen, 146 for maximum period of voyage, 128 in case of colonial ships, 129 implied obligation of owner in, 129 must state distance between deck and load lines, 30 INDEX. 571 AGREEMENTS— coniSmMeci. with fishermen for share in profits, 130 form of, for foreign-going ship, 131 home-trade ship, 141 running, for foreign-going ships of same owner, 148 duplicates of, 149 fees for, 149 to serve in home-trade ships, 1 49 for service in dififerent ships, 146 for further remuneration, 146 for extra pay to meet extra risk, 147 (special) for home-trade ships of same owner, 149 penalty for shipping seamen without, 149 with seamen in colonies, 160 in foreign ports to be endorsed by consul, 150 production of, by home-trade masters, 152 by foreign-going mastei'S, 151 (time), for home-trade ships, 153 alterations in, 153 falsifying, 153 seamen not bound to produce, 153 can only give evidence of actual contents of, 153 copy>of, to be accessible to crew, 154 for remuneration for salvage services, 167, 168 clear proof to oust right to salvage, 168 when to be deposited with consul or Customs ofiicer, 238 under Part VIII. exempt from stamp duty, 411 as to amount of salvage, 385 for towage, 386 ALLOTMENT NOTES rules as to, 154 form of, 155 may be sued for summarily, 156 ALTERATION in ship, registration of, 88 consequence of neglect, 89 of name of ship, 32 in agreements to be void unless attested, 153 AMERICA (NORTH), definition of, 473 ANCHORS rules for manufacturers of, 402 for passenger ships, 493 inspection of, in unseaworthy ships, 253 lights for ships at, 270 ANTISCORBUTICS for ships, 197, 503 APPEAL from Board of Trade, order to detain ship, 245 to Court of Survey, 246. See Court of Sii/rvey on refusal of certificate to passenger steamer, 289 to emigrant ship, 478 for lights and fog signals, 282 in Cinque Ports salvage disputes, 387 from justices in salvage oases, 390 672 INDEX. APPEAL — continued. from Admiralty Court, 450 from County Court, 454 from Vioe-Admiralty Court, 457 in collision caiSea, 260 from pUotage authorities, 312 APPORTIONMENT of salvage when amount is under £200, 391 Board of Trade instructions as to, 392 when amount exceeds de200, 413 APPRENTICES TO THE SEA, superintendents to assist in making, 113, 124 indentures of, by guardians, 124 to be recorded, 125 exempt from stamp duty, 125 rules for paupers becoming, 125 must be produced to superintendent before going to sea, 126 APPROPRIATION of ship during building, 55 ARBITRATION of superintendent in disputes between crew and owner, 159 in salvage disputes, 383 procedure for, 388 ARREST of foreign ship that has done damage, 444 of ship by County Court, 454 ARRESTMENT backing, in Scotland, 443 ASIATIC passengers (emigrants), 482 Bailors, See Lascars ASSAULT by seamen on officers, 215 ASSESSMENT of damages for collision, 260 ASSESSORS in proceeding to cancel master's certificate, 210 for Court of Survey, 246 for Wreck Commissioners, 367 in county courts, 454 in appeals from county courts, 455 in inquiries into wrecks, 367 persons appointed to be, 567 ASSIGNMENTS of apprenticeships to be recorded, 125 dealings with, in foreign ports, 238^ INDEX. 673 AWARD of superintendent to be binding, 159 requires no stamp, 159 of salvage by justices, 388 B. BACKING sentences and decrees in Scotland, H 9 arrestments in Scotland, 448 BADGES _ for emigrant runners, 533 penalty for unlawfully using, 532, 534 how fresh, may be obtaiued, 534 BAIL for return of ship when part owners disagree in its employment, 36 BALLAST does not pass by purchase of ship unless expressly mentioned, 55 articles prohibited as, in emigrant ships, 497 BALLASTAGE dues to Trinity House, 358 rates, application of, 360 expenses of, where to be charged, 359 establishments for, 360 accounts, 362, 363 BANKS. See Savings Banks BANKRUPTCY of vendor of ship, 55 transmission of property in ship by, 61 form of declaration on transmission by, 62 proof of transmission by, 6 3 of mortgagor not to affect mortgage, 73 transmission of mortgagee's interest by, 74 not to impeach mortgage or sale by certificate, 82 BEACONS. See Lighthouse BEAMS in emigrant ships, 488 BENEFICIAL INTEREST in a ship, meaning of, 43 BERTHS in emigrant ships, 488 how arranged for passengers, 489 when they may be removed, 490 BILL OF SALE necessary to transfer ship, 52, 54 boats, stores, &c., should be mentioned in, 55 574 INDEX. BILL OP SAIjE— continued. must be produced on registry, 42 to be entered in register book, 61 forgery of, 93 See Sale of .Ship BIRTHS AND DEATHS at sea, registration of, 234 BIRTH, who are British subjects by, 15 BOARD OF TRADE, definition of, 3 general functions of, 9 — 14 to appoint surveyors for measuring ships, 25 powers over tonnage rules, 25 alteration of forms of registry, 91 powers over local marine boards. 111 over mercantile marine offices, 113 over examinations of masters and mates, 119 over engagement of seamen, 127 as to savings banks, 163 as to wages of deceased seamen, 178 over seamen's wills, 180 to regulate relief of distressed seamen, 190 to regulate medical supplies, 197 to investigate incompetency of masters or mates, 210 power of cancelling certificate, when to vest in, 212 may detain unseaworthy ship, 245, 249 liability of, to shipowner for detention of ship, 247 action against, for costs, 248 reference of appeal against detaining order, 250 must consent to prosecution for unseaworthiness of ship, 244 except in Scotland, 5 powers of, as to survey of passenger steamers, 287, 296 over pilotage jurisdictions, 307 appeal to, against pilotage bye-law, 312 powers over pilotage certificates, 315, 322 of inquiring into wrecks, 364 of fixing fees for receivers, 376 in cases of loss of life or injury, 427 to modify Passenger's Acts as to food, &c., 505 BOATS, inspection of, 12 for sea-going ships, 253 penalties for not having, 256 ship not to be cleared without, 256 inspection of, on passenger steamers, 287 for emigrant ships, 492 suggestions to masters as to, 493 {pUot), regulations for, 305 licensing of, 317 characteristics of, 317 lights for, 270 BODY CORPORATE, registration of, as owner of ship, 35 declaration of ownership by, 39 as transferree, 59 granting of sites for sailors' homes by, 463 saving of powers of, as to landing goods, 469 INDEX. 575 BOND, salvage, 409 bottomry, 100 given by emigrant ship before clearance, 477 form of, 521 given by Trinity House pilot, 330 BOTTOMRY, definition of, 98. general principles of, 98 — 100. when allowed, 99 who may lend money on, 100 forms of bonds, 100 — 104 priority of, as regards other maritime Uens, 418 suit for, cannot be tried in County Court, 452 jurisdiction of Vice-Admiralty Courts over, 456 BOUNDAKIES of the Cinque Ports, 387 BRISTOL CHANNEL pilots, fund for, 344 BRITISH national character, penalty for unduly assuming, 94 subjects, who are natural born, 15 offences of, on board ships, 437 abroad, 438 statutes, application of, to foreign ships, 7 possessions, definition of, 2. See Colonies ship, description and ownership of, 14 registration of, in England, 16 in colonies, 27 effect of not registering, 16 particulars to be marked on, 28 rules as to naming, 32 re-registration on wreck of, 90 alteration of, 88 declaration that a ship shall not be recognised as, 96 BROKER, See Passage Broker BUILDER of ship, penalty for false statement required for registiy, 42 BUOY. See Lighthouse BURIAL of seamen, expenses of, 202 c. CABIN passengers, in emigrant ships, 481 recovery of passage-money by, 510 CABLES, chain, inspection of, in unseaworthy ships, 253 cutting up of, by marine store dealers, 403 576 INDEX. CANADA. extent of term, 2 CANCELLATION of masters', mates', and engineers' certificates, 211 delivery to Board of Trade on, 213 powers of, when not to vest in Board of Trade, 212 of certificate for passenger steamer, 293 CAPTURE OF SHIP condemnation by a court required after, 65 assumption of British flag to avoid, 94 seamen's wages in case of, 170 CARGO, borrowing on security of, by master, 98 cannot be sued for damage done by ship, 426 delivery of, 464 of grain, stowage of, 250 on deck, rules as to, 251 exemption from, 252 CARRIER, common, distinguished from private ship, 423 liability of shipowner as, 423 CARRIAGE of dangerous goods. See Dangerous Goods CATTLE, carriage of, in emigrant ships, 497 CASUALTY. See Wreci: CERTIFICATES of competency, examinations for, 117 fees for such examinations, 119 for foreign-going ships available for home-trade ships, 122 in colonies, 123 of service, 120 for home-trade passenger ships, 120 of competency or service, record' of, 122 copy of, in case of loss, 123 false representation to obtain, and fraudulently using, 124 rules for production of, 151 suspension or cancellation of, 211 delivery of, during inquiry into wreck, 366 of discharge, to be given to seamen, 159 if discharged abroad, 183 how obtained, 185 proof to be upon master, 186 pilotage, for masters and mates, 314 renewal of, 315 grant of, by Board of Trade, 315 fees for, and withdrawal of, 316 for masters and mates of home-trade passenger ships, 322 INDEX. 577 CERTIFICATES— coKimitflA of survey for passenger steamers, 291 appeal on refusal of, 289 exemption from having, of certain steamers, 292 fees for, 293 duration of, 293 cauoellation of, 293 copy of, to be placed in ship, 294 ship not to proceed without, 294 penalty for carrying more passengers than are mentioned in, 295 forgery of, 295 under Merchant Shipping Acts to avail under Passengers Acts, 292 in colonies, 479 of clearance for emigrant ship, 477 forfeiture for sailing without, 477 appeal on refusal of, 478 of mortgage or sale of ship, 76 requisites for, 77 restrictions on, 77 forms of, 77-82 rules as to, 82 loss of, 85 revocation of, 85 forgery of, 93 of registry, required before clearance, 16 survey of ships before granting of, 33 evidence to be produced for, 42 form of, 44 (terminable) in colonies, 47 change of ownership or of master to be endorsed on, 47 loss or mutilation of, 48 cannot be pledged, 49 custody of, 49 (provisional) to be delivered up, 49 not subject to detention, 50 penalty for detaining, 60 for using improper, 50 delivery of, when ship is lost or ceases to be British, 50 (provisional) for ship becoming British abroad, 61 rules as to, on alteration of ship, 88 new, on change of owner, 89 and on transfer of registry, 89 delivery of, on transfer of registry, 90 forgery of, 93 copies of, as evidence, 97 no liens on it, 50 of survey, to be delivered to registrar before registration, 33 form of, 34 for lime juice, 198 CHAIN CABLES, inspection of, in unseaworthy ships, 253 CHANCERY, Court of, powers as to sale of ship, 64 P P 578 INDEX. CHANGE of ownership, to be entered on certiflcate of registry, 47 registry anew, on, 89 of master during voyage, 225 CHANNEL ISLANDS witliin home-trade limits, 4 registration of ships in, 26 light dues in, 356 CHARACTER, ship not to be cleared without declaration of national, 93 penalty for concealing British, 94 for unduly assuming foreign, 94 CHARACTERISTICS of pilot boats, 317 CINQUE PORTS, salvage disputes in, 387 appeals in, 387 boundaries of, 387 transfer to Admiralty Court of, of causes from County Court, 456 pilots, rules as to old, 341 payments to pilot fund by, 343 receivers of wreck, 368 CLEARANCE. British ships not to obtain, without production of certificate of registry, 16 not to be granted till national character is declared, 03 or till ship is duly provided with boats, 256 passenger steamers not to obtain, without certificate of survey, 294 for emigrant ship, 477 delivery of passengers' list before, 483 not to be delivered before payment of light dues, 350 COAST GUARD, officer of, may cause inquiry into wreck, 364 when he may exercise powers of receiver, 368 remuneration of, for services in respect of wreck, 377 COASTING TRADE, agreements with seamen in, 128 of British possessions, 7 exemption of, from rules as to deck cargo, and Merchant Shipping Act, 1876, 8 exemption of ships in, from compulsory pilotage, 333 marking load-line on ships in, 31 COLLISIONS to be entered in oflSoial log, 240 rules for preventing, 263-278 owners and masters bound to obey them, 279 breach of, 280 liability for infringement of, 280 inspection for enforcing, 281 appeal on refusal of certificate as to, 282 countries that have adopted, 263 in harbours and inland navigation, 263 INDEX. S79 COLLISIONS— COTrfmued duty of masters in case of, 280 liability for, 258 in what ways they may occur, 258 Admiralty to supersede common law rule as to, 259 meaning of inevitable accident in, 258 law governing, 261 liability of steam tug in, 268 from improper lights, 264 County Courts jurisdiction over, 452 Vice-Admiralty Courts jurisdiction over, 456 COLONIES, definition of, 2 coasting trade of, 8 registrars of shipping in, 27 terminable certificates of registry in, 47 application of fees under Part II., 91 passes in, for unregistered ship, 92 certificates for masters, mates, and engineers, 123 agreements with seamen in, 129 engagement of seamen in, 150 supply of antiscorbutics in, 201 medical inspectors in, 203 surveyors of crew spaces in, 206 emigration officers in, 476 voyages defined, 644 diet and medicines for, 545 application of act in, to be enforced everywhere, 242 Admiralty jurisdiction in, 445 COLONIAL emigrant ship, survey of, 546 legislatures may alter Acts, 464 may regulate coasting trade, 8 certificate for passenger ships, 479 lighthouses and dues, 352 voyages, defined, 544 laws, provision for conflict of, 243 COLOURS, penalty for carrying improper, 96 See Flag. COMUON CARRIER distinguished from private ship, 423 liability of shipowner as, 423 COMPASSES, adjustment of, 285 COMPENSATION for seamen discharged before voyage, 154 for damage by ship, how ascertained, 429 COMPETENCY. See Certificate of Competency. COMPLAINT, survey of provisions and water on, by crew, 196 seamen allowed to go ashore to make, 206 p p 2 580 INDEX. COMPLAINT— cmitiniied. summoning of naval court to hear, 226 penalty for preventing hearing, 229 inquiry by consular officer on, 230 COMPULSORY PILOTAGE. See Pilotage. CONDEMNATIO'Sr of ship, required after capture, 65 CONDUCT of crew to be entered in official log, 210 CONFLICT OF LAW as to seamen, 243 CONSIGNEE of ship, power of, to recover light dues paid by him, 351 may apprehend deserter without warrant, 220 CONSTRUCTION of ship, sale during, 55 what property passes, 56 of seamen's agreements, 146 CONSULAR OFFICER, definition of, 3, 473 definition of, in Merchant Shipping Act, 1876, 250 to make returns to Board of Trade, 11 may inspect ship's documents and muster crew, 11 penalty for not obeying him, 12 when to act as registrar, 27 to indorse change of master on certificate of registry, 47 may seize ship using improper certificate, 60 may grant provisional certificate for ship becoming British abroad, 51 to indorse mortgages on certificate of mortgage, 82 to register revocations of mortgage and sale, 85 may seize forfeited ship, and ship carrying improper colours, 95 detention of ship by, 95 engagement of seamen in foreign ports to be before, 150 alteration in agreement void if not attested by, 163 duties of, as to effects of deceased seamen, 176 as to seamen left abroad, 183 as to their wages, 188 as to distressed seamen abroad, 188 as to complaints about provisions, &c., 196 as to medical relief of seamen abroad, 203 in Naval Court, 226 as to crimes on the high seas and abroad, 230 delivery of agreements to, at foreign port, 238 appointment of new master by, 225 to fix amount for salvage bond, 409 general, agent of owner in wreck of foreign ship, 41 5 CONTRACT, passenger's, 471 return of money when passage is not according to, 510 tickets, in emigrant ships, 529 forms of, 530 penalty for altering or fraudulently using, 532 summary remedy for breach of, 532 penalty for not producing, 532 with lascars, 461 INDEX. 581 CONSOLATO DEL MARE, liability of pilot by, 828 CONVICTIONS of seamen to be entered in official log, 239 COOKS and apparatus for emigrant ships, 506 CORPORATION, dock company, liability of, for negligence of servants, 283. See Body Corporate. COSTS of order to prohibit transfer of ship, 66 in proceedings for forfeiture of ship, 96 of action on indenture of pauper apprentice, 1 26 of seaman's imprisonment to come from wages, 222 order of Naval Court, as to, 227 of prosecutions for crimes of seamen abroad, 229 of detaining unseaworthy ship, 247 provision for, if paid by Board of Trade, 248 security for, from complainant, 248 action for, against Board of Trade, 248 of inquiry into wreck, 366 of arbitration of salvage dispute, 389 of salvage suit by navy officer, 407 of Board of Trade inquiry into liability of owner for damage, 429 of person not satisfied with, 431 account between part owners of money paid for, 433 of punishment of offences, 434 • under Passengers Acts, 538 of proceedings under Passengers Acts, 543 COUNTRIES that have adopted same rules of the sea, 263 COUNTY COURTS, Admiralty jurisdiction of, 451 transfer of causes, 453 restriction on proceedings in superior courts, 453 assessors in, 454 arrest of ship by, 454 appeals from, 454 further appeal from, 455 apportionment of salvage by, 413 COURT OF SURVEY, constitution of, 246 appeal to, 245 notice of, 550 assessors, 246 registrar, 246 name to be posted in mercantile marine office, 650 procedure of, 247 surveyors, 247 rules, for procedure, 549-553 parties in, 551 summoning witnesses for, 552 affidavits, 552 proceedings in, 552 582 INDEX. COURT OF SVRY^Y—amtmued. costs of proceedings, 248 action for costs against Board of Trade, 248 scientific referees, 250 appeal to, on refusal of certificate for passenger steamer, 289 for lights and fog signals, 282 for emigrant ship, 478 where established, in England, 655-567 in Scotland, 558 in Ireland, 559 forms to be used for, 660-562 fees, 562 COURT OF SESSION to settle security in salvage claims, 394 application to, by unquaUfied owner for sale of ship, 64 CREDITORS of deceased seamen, payment, 181 CREW, who may muster, 11 agreements with. See Agreements. changes in, of foreign-going ships to be reported, 149 copy agreements to be accessible to, 154 disputes between master or owner and, 159 every member of, may be called on to produce ship's papers, 160 survey of provisions on complaint of, 1 96 forfeiture of wages in case of frivolous complaint, 196 master's Buthority over, 208 conduct of, to be entered in official log, 240 must obey pilot, 301 when they may claim salvage, 405 of steamers, penalty for molesting, 297 efficiency of, for emigrant ships, 496 provisions of, in emigrant ships, 500 accommodation for, 204 CRIMES abroad by seamen, 229 by any subjects, 438 French law, 439 on ships of war, 440 accessories in, 441 conveyance of offenders and witnesses, 230 inquiry into death on board, 231 depositions as to, when to be evidence, 231 punishments for certain, 434 under Merchant Shipping Act, 1876, 437 CROWN, Admiralty jurisdiction of, 369 bond to, for emigrant ships, 521 when owner resides abroad, 522 counterpart to be sent to colony, 523 debt, expenses of shipwrecked emigrants to be, 514 rights, to unclaimed wreck, 398 CUSTOMS Commissioners, transfer of certain of their powers, 48 INDEX. 588 CVSTOKS— continued. powers of, if certificate of mortgage or sale is lost, 85 to grant passes for unregistered ships, 92 to alter forms, 91 expenses incurred by, 464 officers, powers of, if Acts are not complied with, 11 penalty for not obeying, 12 when to act as registrar, 27 power as to indorsement of master on certificate of registry, may seize ship using improper certificate, 50 or that has become forfeited, 95 detention of ship by, 95 engagement of seamen before, 150 alteration in agreement void unless attested by, 163 duties as to deceased seamen, 176 as to seamen discharged abroad, 185 as to complaints about provisions, &c., 196 when to do duties of emigration officers, 476 laws now in force, 464 D. DAMAGE to ship by seamen, 215 by collision, 258 gives maritime lien, 260 assessment of, 260. See Collision. to two ships at once, 427 to steamers to be reported to Board of Trade, 298 abroad, when actionable in England, 261 in docks, 283 jurisdiction over, of Admiralty Court, 262 of County Court, 452 of Vice- Admiralty Court, 456 to life or goods, shipowner's liability for, 424 procedure in such case, 427 arrest of foreign ship that has done, 444 to lights, buoys, and beacons, 357 money paid for, how to be accounted for between part-owners, 433 DANGEEOUS GOODS, restrictions on carriage of, 298 penalty for misdescription of, 299 power to refuse goods suspected to be, 209 throw overboard, 299 forfeiture of, if improperly sent, 299 in harbours, 300 duty of owner and master as to explosives, 300 exemption of certain, for signals, 300 DEALERS IN MARINE STORES, rules for, 402 ;• permit to cut up cables, 403 penalties, 404 584 INDEX. DEATH transmission of property in ship by, 61, 74 on board, inquiry into, 231 of part-owner, gives no survivorship, 35 of seamen, disposal of wages and effects on, 175 at sea, registration of, 234 DEBT of seamen, exceeding 5s. , when recoverable, 207 DECEASED SEAMEN. See Wages and EffecU. DECK cargo, meaning of, 251 space occupied by, to be part of tonnage, 251 to be entered in log-book, 251 carriage of, in winter, 251 exemption from, rales as to, of colonial coasters, 8 other exemptions, 252 general average for, 422 :s, marking of, 30 distance of, from load-line to be in agreement with crew, 30 shelter for, in steamers, 286 s«, in emigrant ships, 481 upper passenger, de6ned, 473 lower passenger, defined, 474 construction of, in emigrant ship, 488 DECLAEATION of oumership by individual, 36 by body corporate, 39 by transferree, 66 to be retained by registrar, 64 dispensing with, 92 in case of infancy, 92 forgery of, 93 penalty for false, 94 copies of, as evidence, 97 of national character before clearance, 93 that ship is not recognised as British, 96 of engineer surveyor of passenger steamer, 289 forgery of, 295 DEFENDER and witnesses, requiring appearance of, in Scotland, 447 penalty for default, 448 warrant to apprehend, 449 DELIVERY of goods, by shipowner when owner makes default, 464 notice of, 466 of ship on sale, 55 DEPOSITIONS of witness to crime, when to be evidence, 231 INDEX. 585 DERELICT included in term wreck, 5 meaning of, 392 foreign goods found, to pay duties, 415 DESERTERS may be apprehended without warrant, 220 confinement of, 221 penalty for harbouring, 224 DESERTION, meaning of, 215 what amounts to, 215 punishment for, 214 forfeiture of wages for, 216 joining Royal Navy not, 216 instances of, 216 survey of ship in proceedings for, 217 compensation when seaman is unnecessarily detained for, 218 facilities for proving, 221 application of forfeiture of wages for, 222 penalty for enticing to, 224 DETAINING officers, 246 powers of, 249 DETENTION of ship for unseaworthiness, 244 service of order for, 249, 442 costs of, 247 of ship, not properly marked, 29 officers authorised to cause, 95 mode of enforcing, 95 penalty for going to sea after, 95 salvage bond to avoid, 409 right of, to cease on execution of bond, 410 of certificate of registry, 49 DIETARY SCALE of provisions for emigrant ships, 502 Board of Trade may alter, 606 for colonial voyages, 545 DISBURSEMENTS of master, 173 give a maritime lien, 173 DISCHARGE of seamen to be superintended by mercantile marine offices, 113 fees on, 113 deduction of fees from wages on, 114 before termination of running agreement, 148 before commencement of voyage, compensation for, 1 54 from foreign-going ships to be before superintendent, 157 master to deliver account of wages on, 157 certificates of, 159 report of character on, 161 abroad, recovery of wages, 172 expense of returning home, 183 certificate required, 186 for inability, 186 586 INDEX. DISCHARGE— conimMei. of master of ship, 210 of mortgage to be registered, 71 DISCIPLINE, Board of Trade regulations for maintaining, 137 provisions of Acts refer only to British ships, 208 master's authority to preserve, 208 punishment for breaches of, 221 to which passengers are subject, 518 DISOBEDIENCE, punishment of combination for, 214 DISTILLING APPARATUS for emigrant ships, 504 DISTRESSED seamen abroad, rules as to, 188 carried in ships, subject to same discipline as crew, 219 Lascars, 192 DISTRESS for light dues, 350 on ship, payments to be enforced by, 443 for default as to explosives, 300 signals of, 256 duty of receiver when ship is in, 370 power to pass over land when ship is in, 371 inquiry when ship is in, 373 DOCK, rules as to entering, 283 trustees, liability of for negligence, 283 may make bye-laws for landing emigrants, 535 DOCUMENTS that may be proved without attesting witness, 444 admission and production of, in Court of Survey, 551 in inquiry into shipping casualty, 564 DRAUGHT OF WATER to be marked on ship, 29 to be recorded in official log, 252 particulars to be recorded, 253 penalty for false statement as to, 325 DREDGERS in the Thames, lights for, 271 DROITS of Admiralty, 369 jurisdiction of Vice-Admiralty Court over, 457 DRUNKENNESS, cancellation of master's certificate for, 211 of passengers in steamers, 296 removal of passengers for, 297 dangerous misconduct by seamen from, 209 of pilot, 327, 328 INDEX. 587 DUBLIN CORPORATION, PORT OE, change of name, 3 See Lighthouse authorities DUES. See Light dues and Pilotage dues DUNQENESS, supply of pilots at, 332 DUPLICATE, documents to he in. certificates of master and mate, 122 indentures of apprenticeship, 125 agreements with seamen, 147 running agreements, 149 DUTY, dangerous breach of, a misdemeanour, 209 E. EAST INDIES, application of Acta in, 242 EFFECTS of seamen in lodgings, 207 joining Royal Navy, 183 ELECTION of members for Local Marine Board, 107 See Local Marine Board EMBEZZLEMENT of stores by seamen, 215 in mercantile marine offices, 116 EMIGRANT SHIPS, enactments relating to, 471 — 548 certificate for clearance of, 477 appeal on refusal of, 478 carriage of passengers in, 481 lists of passengers in, 483 stowaways in, 485 survey of, 486 survey of foreign, 480 provision against double survey of, 480 construction of, 488 berthing of passengers in, 489 privies for, 491 ventilation of, 491 . boats, anchors, &c., for, 492 signals of distress for, 493 crews of, 496 stowage and carriage of cargo and animals in, 497 computation of voyages, 498 provisions and water of, to be surveyed, 500 scale of provisions for, 502 distilling apparatus for, 504 powers of Board of Trade to vary req^uirements as to food, space, &o., 505 588 INDEX. EMIGRANT BBIVS— continued. stewards for, 505 cooks for, 506 interpreters for, 506 medical men for, 506 medical inspection of passengers in, 508 passengers' rights in, 510—516 rules for preserving order and health in, 518 EMIGRATION COMMISSIONERS, powers of, transferred to Board of Trade, 475 EMIGRATION OFFICERS, appointment of, 476 duties of, when to be performed by customs officers, 476 facilities for inspecting ship, 476 - to give certificates of clearance, 477 appeal against refusal of, 478 to survey ships at port of clearance, 486 penalty for receiving gratuity, 488 to decide on efficiency of crew, 496 to examine provisions and water, 500 to approve of steward, 505 and cooks, 506 medicines, 608 to land sick passengers, 509 suit for penalties by, 536 proofs of party being, 642 EMIGRANT RUNNER, definition of, 474 penalty for acting as, without licence, 532 mode of licensing, 533 penalty for not producing badge, 534 using badge unlawfully, 534 unauthorised, not entitled to commission, or to take fees, 534 how to obtain fresh badge, 534 lists of, 534 ENGAGEMENT of seamen. See Agreements with Secumen ENGINE ROOM, _ allowance for, in measurement of tonnage, 22 in steamers measured before 1864, 25 ENGINEERS, steamers to carry certificated, 118 examinations for certificates for, 118 fees for, 119 at mercantile marine offices, 117 certificates of service for, 121 provisions in principal Act to apply to, 123 investigation into conduct of, 211 cancellation of certificates of, 212 colonial certificates for, 123 as surveyors, 287 to survey passenger steamers, 288 ENGLISH LAW, mistake of, in foreign decision, 65, 460 INDEX. 589:. ENTRY, definition of, in Merchant Shipping Act, 1862, 6 EQUIPMENT of steamers, 285 EQUITIES not excluded by principal Act, 43 EVIDENCE, penalty for refusing to give, 12 of Board of Trade documents, 9 required for certificate of registry, 42 of copies of registers and declarations, 97 of certificates of master and mates, 122 of change of crew, 149 of release for wages, 160 of examination of provisions, 196 of ofiences in official log, 219 of desertion, 221 of report of naval court, 228 by depositions, 231 of documents of Eegistrar-General of Shipping, and Seamen, 237 by entries in official log, 241 may be given by person prosecuted for unseaworthiness of ship, 244 in summary proceedings in Scotland may be vivd voce, 448 See also Witness EXAMINATIONS. See Masters and Engineers EXEMPTION of Her Majesty's ships from the Acts, 7 of colonial inland navigation from Merchant Shipping Act, 1876, 8 from stamp duty of certain forms. See Stamp Duty of certain passenger steamers from certificate, 292 from rules as to deck cargo, 8, 252 from compulsory pilotage. See Pilotage, Compulsory EXPLOSIVES, rules for, by harbour authorities, 300 F. FALSE LIGHTS, prevention of, 357 FALSE REPRESENTATION. See Forgery FEES, under Part II., application of, 91 under Parts III. and IV., application of, 10 for survey and inspection of ships, 487 application of, for survey and measurement, 11 for inspection of register books, 90 for engaging seamen, 113 for binding apprentices, 124 for examinations of masters, &c., 119 on running agreements, 149 for medical inspections, 203 690 INDEX. FEES— continued. for survey of alleged unseaworthy ship, 218 for inspecting documents at seamen's registry office, 237 penalty on surveyor unlawfully receiving, 288 for certificate for passenger steamer, 293 for pilotage certificate for master, 323 for receivers of wreck, 376 for proceedings in Court of Survey, 562 FINES paid to Board of Trade, application of, 10 to be deducted from seamen's wageSj 223 FIRE, liability of shipowner for loss of goods by, 423 hose for steamers, 285 engines for emigrant ships, 463 at sea, suggestions to masters respecting, 494 FISHING VESSELS, marldng of, 29 extension of Part III. to, 107 agreements to serve in, 130 lights for, 270 FLAG is notice of the law under which the master contracts, 96 penalty for carrying improper, 96 for pilot boats, 317 for pilot not in pilot boat, 318 penalty on ordinary boat displaying pilot flag, 318 FLOTSAM, included in term wreck, 5 meaning of, formerly, 369 FOG, what amounts to, 271 signals, 271 fees for inspecting, 488 rate of speed during, 276 FOREIGN-GOING SHIP, definition of, 4 not to go to sea without certificated master and mate, 121 certificate for, available for home trade, 122 apprentices for, 126 form of agreement for, 131 running agreements with crew of, 148 changes in crew of, to be reported, 150 discharges from, 167 inquiry into death on, 231 when to carry medical men, 204 lists for, 234 trading to Loudon, pilotage dues for, 336 FOREIGN character, penalty for unduly assuming, 94 countries that have adopted same rules of the sea, 263 laws, means for ascertaining, 65 goods found derelict to pay Customs duties, 415 ports, as ports of registry, 28 INHEX. 591 FOREIGN— co)rfmMe(«. porta, engagement of seamen in, 150 offences at, 229, 438 penalty for selling wreck in, 402 courts, decisions of, when binding, 65 of Admiralty, 459 decisions upheld, if possible, 459 when binding, 460 ships, application of Acts to, 7 measurement of, in this country, 26. names of, placed on British registry, 33 overloading in British ports, 249 pilots for, 302 salvage of life from, 379 repairs to, give a maritime lien, 420 may claim limitation of liability for damage, 425 arrest of, for damage, 444 who to be defendant, 445 passenger ships, survey of, 480 FORFEITURE of ship for certain offences, 94 (emigrant) for sailing without certificate and bond to Crown, 477 or share by unqualified owner, 66, 94 of dangerous goods improperly sent, 299 of salvage, 414 of passage broker's licence, 526 o/ i«a(/(!s of seamen, 158 for desertion, 216 facilities for proving, 221 for misconduct, 158 of officer, 158 waiver of, 159 partial, 166 by illegal trading, 166 when they contract for the voyage, 222 by fines for misconduct, 213 by misrepresentation of capacity, 167 on capture of ship, 170 by order of Naval Court, 227 FORGERY, of Board of Trade sSal, 10 of entries in register book, 93 of certificate of competency, 124 of report of character, 161 as regards savings banks, 164 by seamen volunteering into the navy, 195 to obtain wages of deceased seamen, 182 of certificate and declaration for passenger steamer, 295 in salvage oases, 411 FORMS, exemption from stamp duty, 10, 411. See Stamp Duty fraudulent alteration of, 10 penalty for using unsanctioned, 10 of certificate of surveyor, 34 of declarations of ownership, 37, 40, 57, 69, 62, 74 of certificate of registry, 45 of bill of sale, 52 of mortgages, 67 592 INDEX. FORMS — contmued. of certificate of mortgage, 78 of Bale, 80 of revocation, 87 alterations of, by Customs Commissioners, 91 unauthorised, need not be registered, 91 of bottomry bonds, 100 of respondentia bond, 103 of agreement for home-trade ship, 141 for foreign-going ship, 131 of allotment note, 155 of certificate of discharge of seamen abroad, 134 of salvage bond, 409 of passenger's list, 483 of governor's or consul's certificate of shipwrecked emigrants, 515 of bond by master and owner of emigrant ship, 521 of passage broker's bond, 524 of appointment of passage broker's agent, 525 of passage broker's licence, 527 of application for, 628 of emigrant's contract ticket, 530 of emigrant runner's licence, 633 of summons for defendant under Passengers Act, 539 of conviction, 639 of conviction when defendant does not appear, 540 to be used in Court of Survey, 560-562 in inquiry into shipping casualty, 567 FREIGHT, seamen's' wages not to depend on earning of, 169 shipowner's Uen for, 464 G. GENERAL AVERAGE, definition of, 421 repairs give no claim for, 421 loss, must not arise from shipowner's fault, 422 claims for, are debts, 422 GOODS, definition of, in "Merchant Shipping Act, 1862," 6 dangerous. See Dcmgerous Goods delivery of, rules as to, 464 — 469 perishable, may be sold by receivers of wreck, 375 (foreign) found dereUct to pay duty, 415 saved from wreck to be forwarded, 41 6 liability of shipowner for loss of, 423 GOVERNOR, definition of, 473 GRAIN CARGOES, definition of, 250 stowage of, 260 ixi>Ex. 593 H. HARBOUR, care to be taken iu entering, 279 rules as to navigating, under local Acts, 282 vessels entering, to obey harbour master, 283 authorities, to make rules as to explosives, 300 master at Holyhead may be a justice, 436 HEALTH of seamen, rules for preserving, 196-204 of emigiants, rules for, 618 HER MAJESTY'S dominions, definition of, 2 ships, exemption of, from Acts, 7 See NavT) HIGH SEAS, meaning of, 451 crimes on, by seamen, 229 by any subjects, 438 how punishable in the colonies, 416 HIRING OF SEAMEN. See Agrcemenls with Seamen. HOME-TRADE SHIPS, definition of, 4 agreement to serve in, 141 special, for ships of same owner, 119 production of agreements for, 152 time agreements for, 153 discharge of seamen from, 157 lists for, 237 HOME-TRADE PASSENGER SHIPS, definition of, 5 not to go to sea without certificated master and mate, 121 when to employ pilots, 322 pilotage certificates for masters and mates of, 322 HORSES AND CATTLE in emigrant ships, 497 HOSPITAL in emigrant ships, 490 HYPOTHECATION of ship. See Bottomry. ILLEGAL TRADING, wages of seamen in case of, 1C6 ILLNESS of seamen, expenses of, 201 through neglect of owner or master, 202 expenses of, if paid by consul, 203 to be entered in official log, 240 Q Q 591 IXDEX. ILL-USAGE, endangering life, how to be sued for, 172 IMPOSITION, protection of seamen from, 206 IMPRISONMENT, wages not to accrue during, 170 for offences, 213 of deserters, 220 costs of, up to SI., to come out of wages, 222 under order of Naval Court, 227 in default of payments decreed (Scotland), 418 INABILITY, discharge of seamen abroad for, 186 INCOMPETENCY, of masters and engineers, inquiry into, 210 INDENTURES of apprenticeship, 124 when to be delivered to consul, 238 INDIAN sailors, contracts with, 461 in distress in England, 192 INEVITABLE accident in collision, what is, 258 INFANT purchaser of ship, 44 provision for declarations by, 92 INJUNCTION, to restrain dealings with ship, 66 INJURY of seamen, expense of, if paid by consul, 203 to be entered in official log, 240 INLAND navigation, rules for, under local Acts, 282 INQUIRY into capacity of masters, &c,, 210- wrecks, 364 before justices, 365 costs of, 366 in Scotland, 366 INSPECTION of register book, 90 of seamen, medical, 203 of chain cables in unseaworthy ships, 253 for enforcing rules of the sea, 281 of ships, fees for, 487 INSPECTORS appointed by Board of Trade, 12 penalty for obstructing, 13 INDEX. 595 i:SSPECTOU8—coiUiHued. for lime-juice, &o., 200 medical, 203 of unseaworthy ship, penalty for obstructing, 2i0 INSTRUCTIONS, to masters, 138 to masters of home-trade ships, 141 medical book of, 197 to receivers of wi-eck, 892 INSURANCE, of passage money by emigrants, 516 INTERPRETERS for emigrant ships, 506 IRELAND, application of Merchant Shipping Act, 1876, to, 5 Courts of Survey for, 559 IRISH LIGHTS, commissioners of, 3. See Liglitlioiisa AuthoriUcs. ISLE OF MAN, application of Merchant Shipping Act, 1876, to, 5 J. JETSAM included in term wreck, 5 JOINT owners of ships, 35 salvors, 391 JUDGE of Court of Survey, 246, 554 of a County Court, uses of term in Scotland, Ireland, and Isle of Man, 5 of Vice Admiralty Court, appointment of, 459. to settle amount of salvage bond, 409 JURISDICTION defined, 460' of foreign court, 459. See Admiralty Court, Goimty Court, and Vice Admiralty Court, JUSTICES, suit for wages before, 171 apprenticing of boys before, 124 investigation into wreck before, 365 settlement of salvage disputes by, 388 to decide as to unclaimed wreck, 397 when sheriffs in Scotland may act as, 416 stipendiary magistrate to have same powers as two, 436 QQ 2 596 INDEX. K. KEEPING out of the way, meaning of, in steering rules, 277 LA.GAK included in terra wreck, 5 old meaning of, 369 LASCARS, penalty for leaving, destitute in United Kingdom, 192 contracts with, 461 relief of destitute, 463 LASTAGE DUES, application of, 358 LAUNCHING, care to be taken in, 279 LAWS, _ foreign, means for ascertaining, 65 are facts of which evidence must be given, 460 conflict of, as regards seamen, 243 LEAVE, absence of seamen without, 214 quitting ship without, before she is secured, 214 persons shipping without, 219 endeavouring to obtain passage without, 224 on emigrant ships, 485 LEGAL PROCEDURE under acts, 434 — 446 in Scotland, 446—450 by Board of Trade in case of loss of life or injury, -427-433 of Court of Survey, 549-553 in investigating shipping casualty, 563-566 LEGISLATURE, definition of,*2 LENDING on security of ship. See Bottomry. LEX FORI to determine merits of actions, 243 to determine priority of maritime liens, 419 LIABILITY of person beneficially interested in ship, 93 of officers for detaining ship, 96 of ship not recognised as British, 96 for pilotage dues, 326 of 'J'rinity House pilots, 330 for light dues, 380 INDEX. 597 LlkmLlTY—contimmd. of shipowner generally, 416 for unseaworthiness of ship, 2il as carrier, 423 for damage done by ship, 421 when pilotage is compiilsoi-y, 345 LICENCES for engaging seamen, 1 27 pilotage, granting of, 311 power to make rules as to, 305 for master, 314 to pilot ships of same owner, 315 for pilot boats, 317 for pilots, 318 not to be altered, 340 production of, 319 when to be delivered up, 319 for Trinity House pilots, 329 renewal of, 330 revocation of, 331 for passage brokers, 52(3 for emigrant runners, 533 LIEN for repairs and necessaries, 420 of shipowner for freight, 4W See Maritime Lien. LIFK BOATS and buoys, rules for, 253 penalty for not providing, 256 ship not to be cleared without, 256 for emigrant ships, -4 92 expenses of, 359 LIGHTS to be carried by ships, 264 if insufficient, 264 for steam ships, 265 diagrams to illustrate use of, 266 for steam tugs, 268 for sailing ships, 269 for small vessels, 269 for ships at anchor, 270 for pilot ships, 270 for fishing vessels, 270 for dredgers in the Thames, 271 showing, to ship astern, 277 inspection for, 281 fees for, 4S8 dues, 349 local dues, 351 colonial dues, 353 prevention of false, 357 LIGHTHOUSE, definition of, 5 authorities, 346 powers of, 347 598 INDEX. LIGHTHOUSE— co7iand iReview. Smith's La-w of Contracts. — Seventh Edition. By V.T.THOMPSON, Esq., Barrister-at-Iiaw. DemySvo. 1878. IJ. Is. CONVEYANCING.— Daft- — ^^^ "Vendors and Purchasers." Harris and Clarkson's Conveyancing and Law of Property Act, 1881, and the Vendor and Purchaser Act, 1874 ; with Introduciaou, Notes and Copious Index. By W. MANNING HARRIS, M.A., and THOMAS CLARKSON, M.A., Barristers-at-Law. DemySvo. .1882. '9*. " The notes in this volume are more copious and exhaustive than those in any other edition of these Acts which has at present appeared."— S%e Zom Journal. *,* AU standard Lam Wm-ki a/re keptin Stock, in lam caJf avd other Undingi. 8 STEVENS AND SONS' LAW PUBLICATIONS. CONVEY MiCmO.-Conmued. Green-wood's Manual of Conveyancing. — A Manual of the Practice of Conveyancing, showing the present Practice relating to the daily routine of Conveyancing in Solicitors' Offices. To which are added Concise Common I'orms and Precedents in Conveyancing. Seventh Edition. Including a Supplement written with special reference to the Acts of 1882, and an Appendix, comprising the Order under the Solicitors' Remuneration Act, 1881, with Notes thereon. Edited by HAKRY GREENWOOD, M.A., Esq., Bar- rister-at-Law. Demy Svo. 1882. 16s. *,t* The Svjpphment may he had sepa/rately. Price 2s. " We should like to see it placed by his principal in the hands of every articled clerk. One of the most useful practical works we have ever seen."— Indennaur's Law Students' JoumaX. " The Author has carefully worked the provisiona of the Act into his text, calling -special attention to the effect of those sections which make absolute changes in the law, as distinguished from those which are merely optional for adoption or exclusion." — j?%e taw Magazine. Humphry's Common Precedents in Convey- ancing. Adapted to the Conveyancing Acts, 1881-82, and the Settled Land Act, 1882, &o., together with the Acts, an Introduction, and Practical Notes. Second Edition. By HUGH M. HUM- PHRY, M.A., Esq., Barrister-at-Law. Demy Svo. 1882. 12«. 6rf. "The colkction of Precedents is sufBciently comprehensive for ordinary use, and Is supplemented hy concise foot notes mainly composed of extracts from statutes neces- saiy to be borne in mind by the draftsman." — Lav: Magazine. " A work that we think the profession will appreciate." — Law Times. Palmer's Company Precedents. — Eor use in relation to Companies subject to the Companies' Acts, 1862 to 1880. Arranged as follows : — Agreements, Memoranda and Articles of Association, Prospectus, Resolutions, Notices, Certificates, Deben- tures, Petitions, Orders, Reconstruction, Amalgamation, Arrange- ments, Private Acts. With Copious Notes. Second Edition. By ERANCIS BEAUEORT PALMER, of the Inner Temple, Esq., Barrister-at-Law. Royal 8vo. 1881. 11. 10a, " To those concerned in getting up companies, the assistance given by Mr. Palmer ^lust be very valuable, because he does not confine himself to bare precedents, but Dy intelligent and learned commentary lights up, as it were, each step that he takes. . . There is an elaborate index." — Law Firms. "To those who are acquainted with tbe first edition we recommend the secon ei^ition ate a great improvement." — Law Journal. Prideaux's Precedents in Conveyancing. — With Dissertations on its Law and Practice. Twelfth Edition. Tho- roughly revised and adapted to the Conveyancing Acts, 1881, 1882, the Settled Land Act, 1882, the Married Women's Property Act, 1882, and the BUls of Sale Act, 1882. By FREDERICK PRI- DE AUX, late Professor of the Law of Real and Personal Property to the Inns of Court, and JOHN WHITCOMBE, Bsqrs., Barris- ters-at-Law. 2 vols. Royal Svo. 1883. 3«. 10s. " The most useful work out on Conveyancing." — Law Journal. " This work is accurate, concise, clear, and comprehensive in scope, and we know of no treatise upon conveyancing which is, so generally useful to the practitioner." — Law Times. " The conciseness and scientific precision of these Precedents of the B'uture are at ' once pleasing and starthng. .... The Valuable Dissertations on the law and practice, which have always formed a feature of these volumes, have been revised thoroughly." — Law Magazine. " The student who, in good time before his examination, can peruse these mos valuable dissertaiions and refer to eome of the precedents will have an immense advantage over those who have not done so." — Law Students' Joumai. %* All ilamdard Law Works a/re kept m Stock, in la/tDcalf a/nd other bindings. 119, CHANCEKY LANE, LONDON, W.C. 9 CONVICTIONS.— Paley's La-w and Practice of Sum- mary Convictions under the Summary Juris- diction Acts, 1848 and 1879; including Proceedings preliminaiy and subsequent to Convictions, and ttie responsibility of convicting Magistrates and tbeir Officers, with Forms. Sixth Edition. By "W. H. MACNAMARA, Esq., Barrister-at-Law- Demy 8vo. 1879. 11. is. Templer. — Vide "Summary Convictions.'' Wigram. — Vide "Justice of the Peace." CORONERS.— J ervis on the Office and Duties of Coroners. — With Forms and Precedents. Fourth Edition. By K.E.MBLSHEIMBR,Esq.,Barri3ter-at-Law. Pos( 8vo. 1880. 12«. COSTS. — Morgan and "Wurtzburg's Treatise on the Law of Costs in the Chancery Division of the High Court of Justice. — ^Being the Second Edition of Morgan and Davey's Costs in Chancery. With an Appendix, containing Forms and Precedents of Bills of Coats. By the. Eight Hon. GEOKGE OSBORNE MORGAN, one of Her Majesty's Counsel, Her Majesty's Judge Advocate General, and E. A. WCJE.TZBURG, of Lincoln's Inn, Esq., Barrister-at-Law. Demy8vo. 1882. 30s. " Cannot fail to be of use to solloitors and their Chancery managing clerks."— ioio Titnes. Scott's Costs in the High Court of Justice and other Courts. Fourth Edition. By JOHN SCOTT, of the Inner Temple, Esq., Barrister-at-Law, Reporter of the Com- mon Pleas Division. Demy 8vo. 1880. 11. 6«. " Mr. Scott's introductory notes are very useful, and the work is now a compendium on the law and practice regarding cos „a, as well as a book of precedents."— iaio Times. Scott's Costs in Bankruptcy and Liquidation under the Bankruptcy Act, 1869. Royal 12mo. 1873. ^et, 3s. Summerhays and Toogood's Precedents of Bills of Costs in the Chancery, Queen's Bench, Probate Divorce and Admiralty Divisions of the High Court of Justice ; in Conveyancing; the Crown Office ; Lunacy ; Arbitration under the Lands Clauses Consolidation Act i the Mayor's Court, London ; the County Courts ; the Privy Council; and on Passing Residuary and Succession Accounts ; with Scales of Allowances ; Rules of Court relating to Costs ; Forms of Affidavits of Increase, and of Objections to Taxation. Fourth Edition. By Wm. FRANK SUMMERHAYS, and THORNTON TOOGOOD, Solicitors of the Supreme Court. Roj al 8vo. 1883. (Nearly ready.) 11. 8s. Webster's Parliamentary Costs. — Private Bills, Election Petitions, Appeals, House of Lords. By EDWARD WEBSTER, Esq., of the Taxing and Jfixaminers' Office. Fourth Edition. By C. CAVANAGH, Esq., Barrister-at-Law. Author of " The Law of Money Securities. Post 8vo. 1881. 20s. "This edition of a well known work is in great part a new publication; and' it contains, now printed for the first time, the Table of Fees charged at the House of Lords. . . . . We do not doubt that Parhamentary agents will fmd the work eminently useful."— iow Journal. * * All standard Law Works are kept in, Stock, inlaw calf amd other hmdinyt, * A .'J 10 STEVENS AND SONS' LAW PUBLICATIONS. COUNTY COURTS.— Pitt-Lewis' County Court Prac- tice. — A Complete Practice of the County Courts, including Admi- ralty and Banlmiptoy, embodying the Acts, Eules, Forms and Costs, •with Additional Forms and a Full Index. Second Edition. By 6. PITT-LEWIS, of the Middle Temple and Western Circuit, Esq., Barrister-at-Law, sometime Holder of the Studentship of the Four Inns of Court, assisted by H. A. Dv Coltab, Esq., Barrister-at- Law. In 2 parts. Demy 8vo. 1883. 21. 10s. *»* Part I., with Table of Cases, Index, ddard. Werecommenditto the most careful studyofthe lawstndem, as well as to the library of the practitioner." — Law Timei. ECCLESIASTICAL LAW.— Dodd's Burial and other Church Fees and the Burial Act, 1880 :— With Notes. By J. T. DODD, M.A., Barrister-at-Law. Royal 12mo. 1881. 4s Phillimore's (Sir R.) Ecclesiastical Law. — The Ecclesiastical Law of the Church of England. With Supplement, containing the Statutes and Decisions to end of 1875. By the Eight Hon. Sib ROBERT PHILLIMORB, D.C.L. 2 vols. Svo. 1873-76. 3i. 7». 6d. %* The Supplement may be had separately, price 4s. 6d., sewed. ELECTIONS — Carter's Corrupt and Illegal Practices Prevention Act, 1883, with Notes and an Index. Edited by JOHN CORRIE CARTER, Esq., Recorder of Stamford. Form- ing a Supplement to" Rogers on Elections." Royal 12mo. 1883. 5s. FitzGerald.— Fide "BaUot." Rogers on Elections, Registration, and Election Agency.— Thirteenth Edition, including Petitions and Muni- cipal Elections and Registration. With an Appendix of Statutes and Forms. By JOHN CORRIE CARTER, of the Inner Temple, Esq., Barrister-at-Law. Royal 12mo. 1880. 11. 12s. " Petition has been added, setting forth the procedure and the decisions on that subject • and the statutes passed since the last edition are explained down to the Parliamentary Elections and Corrupt Practices Act (1880). —The Timet. " We have no hesitation in commending the book to our readers as a useful and adequate treatise upon election law. "—SoKato'sVmtrnal. ,„ , , t, „* "A book of long standing and for information on the common law of elections, of which it contains a mine of extracts from and references to the older authorities, win always be resorted to." — law Journal , _, .- xi- ELECTRIC LIGHTING.-Cunynghame's Treatise on the Law of Electric Lighting, with the Acts of Par- liament, and Rules and Orders of the Board of Trade, a Model Provisional Order, and a set of Forms, to which is added a Desorip- tion of the Principal Apparatus used in Electric Lighting, with Illustrations. By HENRY CUNYNGHAME, Barristei;-a,t-Law. Eoval Svo. 1883. , . }f- °»- " As an original work it demands especial praise, and we congratulate Mr. thinkthat Mr. Cunjighame's cannot faU to gain and keep a high place. -Solmtor, tMPLOYERS' LIABILITY ACT.-Maedonell.-Fi(ie "Master and Servant." Smith.— Fitfo" Negligence." ,. . .. t- j- • • All standard L(m Works are k^t in Stoch,mlmMlf and other bmdvngs. 14 STEVENS AND SONS' IiA.W PUBLICATIONS. EQUITY, and Vide CHANCERY. Chitty's Index.— Vide " Digests." Seton's Forms ot Decrees, Judgments, and Orders in the High Court of Justice andCourts of Appeal, having eBpeoial reference to the Chancery Division, with Practical Notes. Fourth Edition. By E. H. LEACH, Esq., Senior Kegistrar of the Chancery Division ; P. Gr. A. WILLIAMS, of the Inner Temple, Esq. ; and the late H. W. MAY, Esq. ; suc- ceeded by JAMBS EASTWICK, of Lincoln's Inn, Esq., Batristers- at-Law. 2 vols, in 3 parts. Koyal 8vo. 1877—79. U. 10«. *^* Vol. II., Parts 1 and 2, separately, price each 11. 10s. ' ""The Editors of this new edition of Seton deserve much praise for what is almost, if not absolutely, an innovation in law books. In treating of any division of their subject they have put prominently forward the result of the latest decisions, settling the law sofarasit is ascertained, thus avoiding much useless reference to older cases. . . T^ere can be no doubt that in a book of practice like Seton, it is much more important , to be able to see at once what the law is than to know how it has become what it is ; and the Editors have evidently taken gi-eat pains to carry out this principle in pre- senting the law on each division of their labours to their readers." — The Times. " Of all the editions of ' Seton ' this is the best. . . . We can hardly speak too highly of the industry and intelligence which have been bestowed on the preparation of the notes." — Solicitors' Journal. " Now the book is before us complete ; and we advisedly say compldx, because it has scarcely ever been our fortune to see .a more eonyplete law book than this. Exten- sive in sphere, and exhaustive in treatise, comprehensive in matter, yet apposite in details, it presents all the features of an excellent work . . . The index, extend- ing over 278 pages, is a-model of comprehensiveness and accuracy." — Lav3 Jowmal. Smith's Manual of Equity Jurisprudence.— A Manual of Equity Jurisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, and on more than a thousand subsequent cases, comprising the X'undamental Principles and the points of Equity usually occurring in General Practice. By JOSIAH W. SMITH, B.C.L., Q.C. Thirteenth Edition. 12mo. 1880. 12s. 6d. "There is no disguising the truth ; the propsrmode to nscthlB book is to learn ite pages byibeart."— i;aw Magazine amd Reman. "It'Will be found as useful to the practitioner as to the student."— ^ToZicifors' Journal. Smith's Practical Exposition of the Principles of Equity, illilstrated by the Leading Decisions thereon. For the use of Students and Practitioners. By H. ARTHUR SMITH, M.A., LL.B., of the Middle Temple, Esq., Barrister-at-Law. Demy 8vD. 1882. 20s. " The book seems to us to be one of great value to students." — Solicitors' Journal. "In a moderately-sized volume, such as no lawyer who has his own advantage in view could object to ' read, mark, learn, and inwardly digest,' Mr. Smith sets forth flucdnctly and in due order all' the fundamental principles axiministered by Courts of JBIquity; showing how they have by recent enactment been engrafted on the Common and carefully abstakiing from overlaying his subject-matter with multifarious details of practice which might tend to confuse and mystify. . . . We must again state our opinion that this is a most remarkable book, containing in a reasonable space more information, and that better arranged and conveyed, than almost any other law book of recent times which has come under our notice." — Saturday Review. EXAMtNATION GUIDES— Bedford's Guide to the Pre- liminary Examination for Solicitors.— Fourth Edition. 12mo. 1874. Na, 3«. Bedford's Digest of the Preliminary Examina- tion Questions in Latin Grammar, Arith- metic, French Grammar, History and Geo- graphy, with the Answers. Second Edition. DemySvo. 1882. 18s. Bedford's Preliminary Guide to Latin Gram- mar.- 12mo. 1872. Net, 3s. Bedford's Student's Guide to Smith on Con- tracts. Demy 8vo. 1879. 3s. 6d. \* AH standard Lain Works are kept in Stock, in law calf one? otJier bmdingt. 119, CHANOBKY LANE, LONDON, W.C. 15 EXAMINATION GUIDES.— ConUnued. Bedford's Final Examination Guide to Bank- ruptcy. — Fourth Edition. (In preparation.) Bedford's Student's Guide to the Ninth. Edition of Stephen's New Commentaries on the La-ws of England.— Third Edition. DemySvo. 1883. 7s. Sd. Bedford's Final Examination Digest : containing a Digest of the Final Examination Questions in matters of Law and Procedure determined by the Chancery, Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice, and on the Law of Eeal and Personal Property and the Practice of Conveyancing, with the Answers. 8vo. 1879. I63. " Will furuish students with a large armoury of weapons with which to meet the attacks of the examiners of the Incorporated Law Society."— iow Kmes. Haynes and Nelham's Honours Examination Digest, comprising all the Questions in Conveyancing, Equity, Common Law, Bankruptcy, Probate, Divorce, Admiralty, and Ecclesiastical Law and Practice asked at the Solicitors' Honours Examinations since their establishment to the present time, with Answers thereto. By JOHN F. HAYNES, LL.D., Author of " Chancery Practice," " The Students' Leading Cases," &c., and THOMAS A. NELHAM, SoUcitor (Honours). DemySvo. 1883. 15«. "Students going in for honours will find this one to their advantage." — Law Times, September 22, 1883. " jiiiswers are iippended which, judging from an examination of several of them, appeals to be careful and accurate." — Solicitors' Jownal, October 13, 1883. Shear-wood's Law Student's Annual.— Containing the Questions with Answers to the Solicitor's and Bar Examinations (Michaelmas Term, 1881, to Trinity Term, 1882, inclusive), with Kemarks and Comments. A list of Books suggested for Students &c., &c. Edited by JOSEPH A. SHEARWOOD, Esq., Barrister- at-Law, Author of "A Concise Abridgment of Real Property," and of " Personal Property," etc. Demy 8vo. 1882. 5s. •'This is a book of a thorough character. . . . Much care and labour have evidently been expended on the book, which will be found of great advantage to students." — Laui Journal. "We know of no other manual which contains the same quantity of information in such a concise form." — Solicitors* Journal. '*The remarks on the examinations are very interesting, and there are some valuable hints as to what books the candidate for honours and a pass respectively should use." — Qib&on's Law Notes. Shear-wood's Student's Guide to the Bar, the Solicitor's Intermediate and Final and the Universities La-w Examinations. — ^With Suggestions as to the books usually read, and the passages therein to which attention should be paid. By JOSEPH A. SHEAKWOOD, B.A., Esq., Barrister-atlaw. 8vo. 1879. 5s. 6d. •* Any student of average intelligence^who coaacientionsly follows the path and obeys the instmctions given him by the author, need not fear to present himself as a candidate for any of the examinations to which this book is intended as a guide."— iaw Journal. EXECUTORS.— Macaskie's Treatise on the La-w of Executors and Administrators, and of the Adminis- tration of the Estates of Deceased Persons. With an Appendix of Statutes and Forms. By STUART CUNNINGHAM MA- CASKIE, of Gray'a Inn, Esq., Barrister-at-Law. 8vo. 1881. lOs. 6d "An able summary of the law of administration, now forming one of the subjects set for the general examination for call to the bar." "Students may read the book vrith advantage as an intrpduotion to 'Williams,' and by practitioners not possessing the larger work it will undoubtedly be found useful." — Law Journal. *.* jillstimdwrd Law Works are kept in Stock, in law ealfamd other hiawmgt. 16 STEVENS AND SONS' LAW PUBLICATIONS. EXECUTORS.— ConfiTOieiJ. Williams' Law of Executors and Adminis- trators.— By the Kt. Hon. Sir EDWARD VAUGHAN WILLIAMS, late one of the Judges of Her Majesty's Court of Common Pleas. Eighth Edition. By WALTBK VAUGHAN WILLIAMS and ROLAND VAtTGHAN WILLIAMS, Esqrs., ' Barristers-at-Law. 2 vols. Royal 8to. 1879. 31. 16s. "A treatise which occupies aminique position and which is recognised by the Bench and the profession as having paramount authority in the domaiii of law with which it deals." — Law Journal. EXTRADITION — Kirehner'sL'Extradition.— EeoueilRenfer- mant in Extenso tous les Traitfe conclus jusqu'au ler Janvier, 1883, entre les Nations civilis^es, et donnant la solution precise des diffioultda qui peuvent surgir dans leur application. Avec una Pre- face de McGEORGES LACHAUD, Avooat k la Cour d'Appel de Paris. Public sous les auspices de M. C. E. HO WARD VINCENT, Directeur des Affaires Criminelles de la Police M^tropolitaine de Londres ; Membre de la iTacult^ de Droit et de la Soci^td O^n^rale des Prisons de Paris. Par P. J. KIRCHNBR, Attach^ k la Direc- tion des Affaires Criminelles. In 1 vol. (1150 pp.) Royal8vo. 2l.2s. FACTORY ACTS.— Noteutt's La-w relating to Factories and "Workshops. Second Edition. 12mo.- 1879. 9s. FARM, LAW OF.— Cooke.— FiVie "Agricultural Law." Dixon's Law of the Farm. — A Digest of Cases connected with the Law of the Farm, and including the Agricultural Customs of England and Wales. Fourth Edition. By HENRY PERKINS, Esq., Barrister-at-Law and Midland Circuit. DemySvo. 1879. 11. 6s. "It is impossible Dot to be struclr with the extraordinary research that must have been. used in the compilation of such a book as this."— Za?^ Journal. *^* Supplement to above, containing the Agricultural Holdings (Eng- land) Act, 1883, with explanatory Notes and Porms; together with the Ground Game Act, 1880. By AUBREY J. SPENCER, Esq., Barrister-at-Law. Demy 8vo. 1883. {In the press.) FOREIGN JUDGMENTS.— Piggott's Foreign Judgments their effect in the English Courts. Part I. The English Doctrine, Defences, Judgments in Rem. Status.— By F. T. PIGGOTT, M.A., LL.M., of the Middle Temple, Esq, Barrister-at-Law. Royal 8vo. 1879. 15s. Part II.— The Effect of an English Judgment Abroad. Service on Absent Defendants. Royal 8vo. 1881. 15!. FORMS.— Allen.— Fide "Pleading." Bullen and Leake. — Vide "Pleading." Chitty's Forms of Practical Proceedings in the Queen's Bench, Common Pleas and Ex- chequer Divisions of the High Court of Jus- tice : with Notes containing the Statutes, Rules and Practice relating thereto. Eleventh Edition. By THOS. WILLES CHITTY, Esq., Barrister-at-Law. Demy 8vo. 1879. 11. 18s. Daniell's Forms and Precedents of Proceed- ings in the Chancery Division of the High Court of Justice and on Appeal therefrom ; with Dissertations and Notes, forming a complete guide to the Practice of the Chancery Division of the High Court and of the Courts of Appeal. Being the Tliird Edition of " Daniell's Chancery Forms." By WILLIAM HENRY UPJOHN, Esq., of Gray's Inn, &o., &c. Demy 8vo. 1879. 21. 2s. •,* All itandwrd Zaw WorJct are kept im StocJi, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 17 FRENCH COMMERCIAL LAW -Goirand- Fide "CommercialLaw." HIGHWAYS.-Baker's Law of High-ways ia England and Wales, inoludiug Bridges and Locomotives. Comprising A succinct code of the several provisions under each head, the statutes at length in an Appendix ; with Notes of Cases, Forms, and copious Index. By THOMAS BAKER, of the Inner Temple, Esq., Barrister-at-Law. Koyal 12mo. 1880. 15s. "This is distinctly a woU-plauned book, and cannot fail to be useful, not only to lawyers, but to those who may be locally engaged in the management of highways."— Law Journal. *' The general plan of Mr. Baker's book is good. He groups together condensed statements of the effect of the provisions of the different Highway Acts relating to the same matter, giving in all caises references to the sections, which are printed in full in the appendix. To each condensed section, or group of sections, he appends a note, stating concisely the effect of the decisions." — Solicitors' Journal. ChambeFs' X.aw relating to Highways and Bridges, being the Statutes in full and brief Notes of 700 Leading Cases; together with the Lighting Act, 1833. By G-EO. E.CHAMBERS, Esq., Barrister-at-Law. 1878. 12s. INJUNCTIONS.— Sato n.— Fide " Equity." INLAND REVENUE CASES.— Highnnore's Summary Pro- ceedings in Inland Revenue Cases in England and Wales. By NATHANIEL JOSEPH 'HiaHMORB, of the Middle Temple, Esq., Barrister-at-Law, and of the Inland Revenue Department. Royal 12mo. 1882. 6s. " A complete treatise on procedure applied to cases under the Revenue Act, and as a book of practice it is the best we have aeon." — TIk Justice of the Peace, Jan. 2S, 18S2. INSURANCE.— Arnould on the La-w of Marine Insu- ranee.— Fifth Edition. By DAVID MACLACHLAN, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1877. Zl. " AS a text book, ' Arnould ' is now all the practitioner can want, and we congratulate the editor upon the skill with whieh ho has incorporated the new decisions."— iaio Timet. Lo-wndes on the Law of Marine Insurance.— A Practical Treatise. By RICHARD LOWNDES. Author of "The Law of General Average," &o. Second Edition. (In preparation.) " It is rarely, indeed, that we have been able to express such tmqualified approval of a new legal work."— SoKcitors' Journal. INTERNATIONAL LAW — Amos' Lectures on Inter- national Law.— By SHELDON AMOS, M.A., Professor of Jurisprudence (including International Law) to the Inns of Court, &o. Koyal 8vo. 1874. 10s. 6d. Dicey. — Vide "Domicil." Kent's International Law. — Kent's Commentary on International Law. Edited by J. T. ABDY, LL.D., Judge of County Courts. Second Edition. Revised and brought down to the present time. Crown 8vo. 1878. 10s. 6d. " Altoirether Dr. A6dy has performed his task in a manner worthy of his reputation. His book wiU be useful not only to Lawyers and Law Students, for whom it was primarUy iatended, Dut also toila.7mea."—Solicitori' Journal. Levi's International Comnnercial Law.— Being the Principles of Mercantile Law of the following and other Countries yi2;. • England, Ireland, Scotland, British India, British Colonies, Austria Belgium, BrazU, Buenos Ayres, Denmark, France, Germany, Greece Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, Russia Spam, Sweden, Switzerland, United States, and Wiirtemberg. By LEONE LEVI, Esq., F.S.A., F.S.S., Barrister-at-Law, &c. Second Edition. 2 voU. Royal Svo. 1863. IL 15«. » • All ttandard Lam Works are kept im Stock, in law calf and other bindings. 18 STEVENS AND SONS' LAW PUBLICATIONS. INTERNATIONAL LAW -CflnimMfid:. Vatters Law of Nations.— By JOSEPH OHITTY, Esq. Koyal 8vo. 1834. 12. 1«. ^A?'heaton's Elements of International La^Ar; Second English Edition, Edited with Notes and Appendix ot Statutes and Treaties, bringing the work down to the present time. By A. C. BOYD, Esq., LL.B., J.P., Barrister-at-Law. Author of « The Merchant Shipping Laws." Demy 8vo. 1880. 12. 10s. ** Mr. Boyd, the latest editor, lias added many uaefal notes ; he has inserted, in the Appendix public documents of permanent valne, and there is the prospect that, as edited by Mr. Boyd, Mr. Wheaton's Tolnme will enter on a new lease of life." — The Times. " Both the plan and execution of the work before us deseryes commendation. . . . The text of 'Wheaton is presented without alteration, and Mr. Dana's numbering of the sections is preserved. . . . The Index, which could not have been compiled without much thought and labour, makes the book handy for reference." — Law Jotimal. ''Students wbo require a knowledge of 'Wheaton's text wlU find Mr. Boyd's volume Tery convenient." — Law Magazine. INTERROGATORIES-Siehel and Chance.— KJde "Discovery." JOINT OWNERSHIP.-Foster Vide "Keal Estate." JOINT STOCKS.— Palmep.— Fide "Conveyancing" and "Company Law." Thring's (Sir H.) Joint Stock Companies' La-w. — The Law and Practice of Joint Stock and other Companies, including the Companies Acts, 1862 to 1880, with Notes, Orders, and Bules in Chancery, a Collection of Precedents of Memoranda and Articles of Association, and all the other Forma required in Making, Administer- ing, and Winding-up a Company ; also the Partnership Law Amend- ment Act, The Life Assurance Companies Acts, and other Acts relating to Companies. By SiE HENKY THEING, K.C.B., The Parliamentary Counsel Fourth Edition. By G. A. R. EITZ- GEKALD, Esq., M.A., Barrister-at-Law. Demy 8vo. 1880. 11. 5s. " This, as the work of the original draughtsman of the Coiapanies' Act of 1862, and well-known Parliamentary counsel, Sir Henry Thring, is naturaUy the highest authority on the subject." — The Time*: " One of its most valuable features is its collection of precedents of Memoranda and Articles of Association, which has, In this Edition, been largely increassd and im- proved." — Lcm Journal. Jordan's Joint Stock Companies.— A Handy Book of Practical Instructions for thn Formation and Management of Joint Stock Companies, Seventh Edition. 12mo. 1881. Net, 2s. 6d. JUDGMENTS.- Piggott.— Fide "Joreign Judgments." "Walker's Practice on Signing Judgment in the High Court of Justice. With Forms. By H. H. WALKER, Esq., of the Judgment Department, Exchequer Division, Crown 8vo. 1879. 4s. 6d. '*The book undoubtedly meets a want, and lurnishes information available for almost every branch of practice." "We think that solicitors and their clerks will find it nctremely useful." — Law Journal. JUDICATURE ACTS.- White-way's Hints on Practice ; or Practical Notes on the Judicature Acts, Orders, Rules and Regula- tions of the Supreme Court. Illustrated by the Latest Cases. Together with the Bules of the Supreme Court, 1883. With an Introduction, References, Notes, and Index. By A. R. WHITE- WAY, M.A., of the Equity Bar and Midland Circuit, Author of " Hints to Solicitors." Second Edition. Royal 12mo. 1883. lis. Sold separately " Hints on Practice," with Cases and Index, 7s. 6d. The Rules, edited with Notes, Cross References, and Index, limp leather, 7s. Sd. ' * An excellently printed edition of the new Bules, with notes containing cross refer- ences and stating the sources of the Bules." — Solicitors* Journal, October 13, 1883. *,* An stamdard Lam Works wre kept in Stock, im law calf and other Imadingi, 119, CHANCERY LAJSB, LONDON, W.C. 19 JUDICATURE KCTS.-CmtiKuea. ^A^ilson's Supreme Court of Judicature Acts, Rules of the Supreme Court, 188S, and Forms. With other Acts, Orders, Kules and Kegulatione relating to the Supreme Court. With Practical Notes. Fourth Edition. By M. D. CHALMEKS, of the Inner Temple, and M. MUIR MACKEN- ZIE, of Lincoki's Inn, Barristers-at-Law. E,oyall2mo. 1883. 25s. *^* A LAKGB PAPER EDITION FOK MARGINAL NOTES. EOTAL 8V0. 1883. 30s. Extract from P^-^ace to theFourth Edition. — The present edition contains the Riiles of the Supreme Court, 1883, with notes and commenta. "Where a repealed rule is reproduced without alteration a reference tp its former Order and number is given in the margin. Where a repealed rule is reproduced with modifications the marginal reference to it is preceded by the prefix qf. Where a rule is new it is stated to be so in the note, and reference is made to any statute, consolidated order, or common law or Admiralty rule upon which it appears to be founded. This edition further includes the provisions of the Bankruptcy Act, 1883, in so far as they relate to or affect the Supreme Court, and the Statute Law Revision and Civil Procedure Act, 1888, &e. The Editors have also entirely re-constructed the Index. " Wilson's 'Judicature Acts' remains what it always was, one of the most handy as weU as one of the best appreciated editions of the Acts." — Law Magazine. "Wilson's 'Judicature Acts' is now the latest, and we think it is the most con- venient of the works of the same class. . . . The practitioner wiU find that it supplies all his wants."— 2,aw Times. Woodfall.— Fitie " Rules of the Supreme Court." JUSTINIAN, INSTITUTES OF.-Mears.— Fide "Roman Law." Ruegg's Student's " Auxiliunn " to the Institutes of Justinian. — ^Being a complete synopsis thereof in the form of Question and Answer. By ALFRED HENRY RUEGG, of the Middle Temple, Barrister-at-Law. Post Svo. 1879. 5». " The student will be greatly assisted in clearing and arranging his knowledge by a work of this kind." — Zaw Journal. JUSTICE OF THE PEACE.— Burn's Justice of the Peace and Parish Officer. — Edited under the Superintendence of JOHN BLOSSETT MAITLE, Esq., Q,C. The Thirtieth Edition. Five large vols. Svo. 1869. 71. Is. Stone's Practice for Justices of the Peace, Justices Clerks and Solicitors at Petty and Special Sessions^ in Summary matters, and Indictable Offences, with a list, of Summary Convic- tions, and matters not Criminal. With Forms. Ninth Edition. By WALTER HENRY MACNAMARA, Esq., Barrister-at-Law. Demy Svo. 1882. 25s. "■A very creditable effort has been made to condense and abridge, which has been successful, whilst the completeness of the work has not been impaired. —Law Times. Wigranri's Justices' Note Book.— Containing a short account of the Jurisdiction and Duties of Justices, and an Epitome of Criminal Law. By W. KNOX WIGRAM, Esq., Baraster-at- Law, J.P. Middlesex ami Westminster. Third Edition. Corrected and revised to December, 1882. With a copious Index. Royal 12m0. 1883. 12!. Sd. " Wehave found in It all the ikormation which a Justice can require as to recent legislation."— 27ie l^mus. "This is altogether a capital book. Mr, -Wigramis a good lawyer and a good ustices' lawyer."— Zaw Jourtittl. " We can thoroughly recommend the volume to magistrates."— iow Timet. %• AU staadafd Ltm Works are kept in Stock, in law adf wad other UmUnga. 20 STEVENS AND SONS' LAW PUBLICATIONS. LAND ACT.— & "Settled Estates."— Middleton. LAND TAX. — Boupdin's Land Tax.— An Exposition of the Land Tax ; its Assessment and Collection, with a statement of the rights conferred by the Kedemption Acts. By MARK A. BOUK- DIN (late Eegistrar of Land Tax). Second Edition. 1870. is. LANDLORD AND TENANT.— Woodfall's La^w of Landlord and Tenant. — With a fnll Collection of Precedents and Eorms of Procedure. Containing also an Abstract of Leading; Pro- positions, and Tables of certain Customs of the Country. Twelfth Edition. In which the Precedents of Leases have been revised and enfarged, with the assistance of L. G. G. Bobbins, Esq. By J. M. LELY, Esq., Barrister-at-Law. Koyal 8vo. 1881. 11. 18s. " The editor has expended elaborate taidnstry and eysteiaatic ability in making the work as perfect as possible." — Solicitors^ Journal. LANDS CLAUSES ACTS— Jepson's Lands Clauses Con- solidation Acts; with Decisions, Forms, & Table of Costs. By ARTHUR JEPSON,Bsq., Barrister-at-Law. Demy 8vo. 1880. 18s. " The work concludes witli a number of forms and a remarkably good index.* — Law Times. " As far as we have been able to discover, all the decisions have been stated, and the effect of them correctly given." — Law Journal. LAW LIST. — Law List (The). — Comprising the Judges and Officers of the different Courts of Justice, Counsel, Special Pleaders, Draftsmen, Conveyancers, Solicitors, Notaries, &c., in England ajid Wales ; the Circuits, Judges, Treasurers, Registrars, and High BaiUfis of the County Courts ; Metropolitan and Stipendiary Magistrates, Law and Public Officers in England and the Colonies, Foreign Lawyers with their English Agents, Sheriffs, Under-SherifEs, and their Deputies, Clerks of the Peace, Town Clerks, Coroners, &o., &c., and Conmiissioners for taking Oaths, Conveyancers Practising in England under Certificates obtained in Scotland. So far as relates to Special Pleaders, Draftsmen, Conveyancers, Solicitors, Proctors and Notaries. Compiled by WILLIAM HENRY COUSINS, of the Inland Kevenue Office, Somerset House, Begistrar of Stamped Certificates, and of Joint Stock Companies, and' Published by the Authority of the Commissioners of Inland Kevenue. 1883. {Net Cash, 9s.) 10s. 6d. LAW REPORTS. — A very large Stock of second-hand and new Beports, Prices on application. LAW STUDENT'S ANNUAL.— Fide "Examination Guides." LAW SUIT.— The Humourous Story of Farmer Bump- kin's Law Suit. By RICHARD HABRIS. Barrister-at- Law, of the Middle Temple and Midland Circuit, Author of " Hints on Advocacy." Second Edition. Eoyal 12mo. 1883. 6s. *' Most of the standing grievances of suitors find a place in this book." — Law Times. "He was obviously quite as eager for a good battle in court as ever was Dandy Dinmont." — Saturday Review, September 15, 1883. LAWYER'S COMPANION.— ride "Diary." LEADING CASES.— Haynes' Student's Leading Cases. Being some of the Principal Decisions of the Courts in Constitutional Law, Common Law, Conveyancing and Equity, Probate, Divorce, Bankruptcy, and Criminal Law. With Notes for the use of Students. By JOHN F. HAYNES, LL.D. Demy 8vo. 1878. , 16». , " \j\sl prove of great utility, not only to Students, but Practitioners. The Kotes are clear, pointed and concise." — Lang lima. *' We think that this book will supply a want the book ia singalarly well arranged for reference." — Law Journal. *^* All standard Law Works are keptmStoch,in law caifand other bindingr. 119, CHANCERY LANE, LONDON, W.C. 21 LEADING CASES -OonWnuftJ. Shipley's Leading Cases. — A Selection of Leading Cases in the Common Law, with Notes, and a Sketch of some of the prin- cipal changes introduced by the Rules of Supreme Court, 1883. By W. SHIRLEY SHIRLEY, M.A., B.C.L., Esq., Barrister-at-Law. Second Edition. Demy 8vo. 1883. 15«. '*Tho book is deserving of high praise, and we commend it in all confidence." — OOisoa'a Law Ifota, AprU, 1883. " The selection is very large, though all are distinctly 'leading cases,' and the notes are by no means the least meritorious part of the work." — Law Journal. *' Mr. Shirley writes well and clearly, and evidently understands what he is writing about." — Lano Timet. LEGACY DUTIES.— Fide "Taxes on Succession." LEXICON.— Fide "Dictionary." LIBEL AND SLANDER.— Odgers on Libel and Slander.— A Digest of the Law of Libel and Slander, with the Evidence, Pro- cedure and Practice, both in Civil and Criminal Cases, with Precedents of Pleadings. With Appendix of Statutes including the Newspaper Libel and Registration Act, 1881. By W. BLAKE ODGERS, M.A., LL.D., Barrister-atLaw. Demy8vo. 1881. 24s. " We have rarely examined a work which shows so much industry. , . So good is the book, which in its topical arrangement is vastly superior to the general run of law books, that criticism of it is a compli- ment rather than the reverse." — Law Journal. "The excuse, if one be needed, for another book on Libel and Slander, and that an English one, may be found in the excellence of the author's work. A clear head and a skilled hand are to be seen throughout." — Extract from Preface to American reprint. LIBRARIES AND MUSEUMS.— Chamtaeps' Digest of the La'vAT relating to Public Libraries and Museums and Literary and Scientific Insti- tutions generally. Second Edition. By G. F. CHAM- BERS, Barrister-at-Law. Imperial 8vo 1879. 8s. 6d. LICENSING.— Hindle's Treatise on the Legal Status of Licensed Victuallers and other License- Holders, as affected by recent Legislation and Decisions ; containing a full Report of the Proceedings and Judgment in the recent Darwen Licensing Appeals, with Notes. Third Edition. By FREDK. G. HINDLB, Esq., Solicitor. Demy 8vo. 1883. Net, 2s. 6d. Lely .and Foulkes' Licensing Acts, 1828, 1869, 1872 and 1874; containine; the Law of the Sale of Liquors by Retail and the Management of Licensed Houses ; with Notes to the Acts a Summary of the Law, and an Appendix of Eorms. Second Edition. By J. M. LELY and W. D. I. EOULKES, Esqrs., Barristers-at-Law. Royal 12mo. 1874. 8« LIQUIDATION BY ARRANGEMENT.— Salaman's Practical Treatise on Liquidation by Arrangement and Composition with Creditors, under the Bank- ruptcy Act 1 869 : comprising the Practice of the Office for Registration of' Arrangement Proceedings; the Practice as to Receivers, Injunctions, Meetings of Creditors, &c.; all the Autho- rised and Original Forms, Bills of Costs under Liquidation and Composition; Notes of Cases; the Sections of the Bankruptcy and Debtors' Acts : and the Rules applicable to Liquidation and Com- position; the Rules of 1871. With Index. By JOSEPH SEYMOUR SALAMAN, Solicitor. Crown 8vo. Re-issue. 10«. LUNACY —Elmer's Practice in Lunacy.— Seventh Edition. By JOSEPH ELMER, of the Office of the Masters in Lunacy. (/» preparation.) * • Att standard Law Works are kept in Stock, in lavi calf and other Undini/s. 22 STEVENS AMD SONS' LAW PUBLICATIONS. MAGISTERIAL LAW.— Shirley's Elementary Treatise on Magisterial Law, and on the Practice ol Magistrates' Courts.— By W. SHIRLEY SHIKLEY, M.A., B.C.L., Esq., Baradster-at-Law. Eoyal 12mo. 1881. 6a. 6d. "Wigram. — Vide "Justice of the Peace." MAYOR'S COURT PRACTICE.— Candy's Mayor's Court Practice. — The Jurisdiction, ProceBS,Praotioe, and Mode, of Plead- ing in Ordinary Actions in the Mayor's Court, London (commonly called the "Lord Mayor's Court"). Founded on Brandon. By GEORGE CANDY, Esq., Barrister-at-Law. Demy 8v6. 1879. 14s. MARRIED WOMEN'S PROPERTY. — Smith's Married Women's Property Act, 1882, with an Introduction and Critical and Explanatory Notes, together with the Married Women'a Property Acts, 1870 amd 1874, &c. By H. ARTHUR SMITH, Esq., Barrister-at-Law. Royal 12mo. 1882. 5s. " There are some excellent critical and explanatory notes, togctlaer with a good index, and reference to sometMng like two hundred decided cases, "~Zaw Times. MASTER AND SERVANT.— Macdonell's La-w of Master and Servant. Part I, Common Law. Part II, Statute Law. By JOHN MACDONELL, M.A., Esq, Barrister-at-Law. Demy Svo. 1883. 11. 5s. "Mr. Macdonell has done his work thoroughly and well. He has evidently bestowed great care and labour on his task, and has, therefore, produced a work which will be of real value to the practitioner. The information, too, is presented in a most accessible form." — Law Times, January 27, 1883. MERCANTILE LAW.— Russell's Treatise on Mercantile Agency. Second Edition. 8vo. 1873. 14«. Smith's Compendium of Mercantile Law. — Ninth Edition. By 6. M. DOWDESWELL, of the Inner Temple, Esq., one of Her Majesty's Counsel, Royal 8to. 1877. 11. 18s. Tudor's Selection of Leading C^ses on Mercan- tile and Maritime Law.— With Notes. By O.D. TUDOR, Esq., Barrister-at-Law. Third Edition. {In the press.} "Wilson's Mercantile Handbook of the Liabili- ties of Merchant, Shipowner, and Under- writer on Shipments by General Vessels. By ALEXANDER WILSON, Solicitor and Notary. Royal 12mo. 1883. 6s. METROPOLIS BUILDINQ ACTS.-"Woolrych's Metropoli- tan Building Acts, together with such clauses of the Metro- polis Management Acts as more particularly relate to the Building Acts, with Notes and Forms. Third Edition. By W. H. MAC- NAMARA, Esq., Barrister-at-Law. 12mo. 1882. 10s. " We may safely recommend this new edition to those who have to find their way among these statutes." — The Builder, March 31, 1883. MINES.— Rogers' Law relating to Mines, Minerals, and Quarries in Great Britain and Ireland; with a Summary of the Laws of Eoreign States, &c. Second Edition Enlarged. By ARUNDEL ROGERS, Esq., Judge of County Courts. 8vo. 1876. 11. lis. 6d. ' * The volu me Trill prove invaluable as a work of legal reference." — The Mining Journal. MONEY SECURITIES.— Cavanagh's Law^ of Money Secu- rities. — In Thj'ee Books. I. Personal Securities. II. Securities on Property. III. Miscellaneous j with an Appendix of Statutes. By C. CAVANAGH, B.A, LL.B. (Lond.), of the Middle Temple, Esq., Barrister-at-Law. In 1 vol. Demy 8vo. 1879. 21s. " An admirable synopsis of the whole law and practice with regard to securities of evei-y sort." — Saturday Review. *«* All standard Lam Worla art Jcept in Stock, iai law calf and other bindimgi. 119, CHANCJ5KY LANE, LONDON, W.C. 23 MORTGAGE.— Coote's Treatise on the La^^ of Mort- gage. — rourth Edition. Thoroughly revised. By WILLIAM WYLLYS MAOKBSON, Esq., one of Her Majesty's Counsel. In 1 Vol. (1436 pp.) Eoyal 8vo. 1880. 21. 2s. "A complete, terse, and practical treatise for the modern lawyer. " — Solicitors' Journal , " 'Will be found a valuable addition to the library of every practising lawyer." — Law Journal. MUNICIPAL CORPORATIONS.-Lely's Law of Municipal Corporations. — Containing the Municipal Corporation Act, 1882, and the Enactments incorporated therewith, with a Selection of Supplementary Enactments, including therein the Electric Light- ing Act, 1882, with Notes thereon. By J. M. LELY, of the Inner Temple, Esq., Barrister-at-Law. Editor of " Chitty's Statutes," &c. Demy 8vo. 1882. 15s. " An admirable edition of one of the most loiportant consohdating statutes of the year. . . . The summary is tersely written, and the notes appear to be to the point. Nothing required for the due understanding and working of the Act seems to be absent." — Laio Journal, NAVY. — Thring's Criminal Law of the Navy, with an Introductory Chapler on the Early State and Discipline of the Navy, the Kules of Evidence, and an Appendix comprising the Naval Discipline Act and Practical Eorms. Second Edition. By THEODORE THRING, Barrister-at-Law, and C. E. GIFEORD, Assistant-Paymaster, Royal Navy. 12mo. 1877. 12s. 6d. NEGLIGENCE — Smith's Treatise on the Law of Negligence, with a Supplement containing "The Employers' Liability Act, 1880," with an Introduction and Notes. By HORACE SMITH, B.A., Esq., Barrister-at-Law, Recorder of Lincoln. Demy 8vo. 1880. 10s. 6a!. NISI PRIUS.— Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius.— Eifteenth Edition. By MAURICE POWELL, Esq., Barrister-at-Law. {In the Press. ) NOTANDA.—7Jde" Digests." . NOTARY.— Brooke's Treatise on the Office and Prac- tice of a Notary of England. — With a full collection of Precedents. Fourth Edition. By LEONE LEVI, Esq., F..S.A., of Lincoln's Inn, Barriater-at-Law. 8vo. 1876. \l. 4s. OATHS.— Braithwaite'sOaths in the Supreme Courts of Judicature. — A Manual for the use of Commissioners to Administer Oaths in the Supreme Courts of Judicature in England and Ireland, &c. Fourth Edition. By T. W. BRAITHWAITE, of the Central Office. Fcap. 8vo. 1881. 4s. U. " The recognised guide of commissioners to admioiater oaths. —SolicUon Journal. PARISH LAW.— Steer's Parish Law-; being a Digest of the Law relating to the Civil and Ecclesiastical Government of Parishes and the Relief of the Poor. Fourth. Edition. By W. H. MAC- NAMARA, Esq., Barrister-at-Law. Demy 8vo. 1881. 16s. " An exceedingly useful compendium of Parish Law."— iaw Times. PARTNERSHIP.— Pollock's Digest of the Law of Part- nership —Second Edition, with Appendix, contaimng an anno- tated reprint of the Partnership Bill, 1880, as amended in Committee. Bv FREDERICK POLLOCK, Esq., Barrister-at-Law. Author of " Principles of Contract atLaw and in Equity."Demy 8 vo. 1 880. 8s. 6d. " Of the execution of th6 work, we can speak in terms of the highest praise. The lanraase is simple, concise, and clear."— iow Maqaime. iv v, i ■ "^^Pollo™-s work appears eminently satisfactory . . . th| book is praise- woray to deSgn, scholarly and complete in ^y^ecuUon." -Saturday ij™.ew. * * AU standard Lorn Worl s are kept in Stock, in Urn calf and c*,her bindings. 24 STEVENS AST) SONS' LAW PUBLICATIONS. PATENTS.— Hindmarch on the Law of Patents for Inventions. Second Edition, brought dnwn to the present time. ByB. MACRORY, and J. C. GRAHAM, Esqrs., Bar- risters-at-Law. (In preparation.) PAWN. — Turner's Contract of Pawn, as it exists at Common Law, and as modified by the Factors' Acts, the Pawn- brokers' Acts, and other Statutes. By FRANCIS TURNER, Esq., Barrister-at-Law. Second Edition. 8vo. 1883. 12f. Turner's Pawnbrokers' Act, 1872.— With Explanatory Notes. By FRANCIS TURNER, Esq., Barrister-at-Law. Third Edition. 1883. Net, 2s. 6d. PERPETUITIES.— Marsden's Rule against Perpetui- ties. — A Treatise on Remoteness in Limitation ; with a chapter on Accumulation and the Thelluson Act. By REGINALD G. MARSDKN, Esq., Barrister-at-Law. Demy 8vo. 1883. 16s. " Mr. Marsden's work la entitled to be called a new one both in treatment and in design. He has handled a difl&cult subject with intelligence and clearness. " — Law Tmes. PERSONAL PROPERTY.— Shearwood's Concise Abridg- ment of the Law Of Personal Property; showing analytically its Branches and the Titles by which it is held. By J. A. SHEARWOOD, Esq., Barrister-at-Law. 1882. 5s. 6d. . . . *' Will be acceptable to many students, as giving them, in fact^ a ready-made note book." — IntjUrmaur's Law Students* Jouniai. Smith.— Fide " Real Property." PLEADING — Allen's Forms of Indorsements of Writs of Summons, Pleadings, and other Proceed- ings in the Queen's Bench Division prior to Trial, pursuant to the Rules of the Supreme Court, 188S ; with Introduction, showing the principal changes introduced by these Rules, and a, Supplement of Rules and Forms of Pleadings applicable to the other Divisions. By GEORGE BAUGH ALLEN, Esq., Special Pleader, and WILFRED B. ALLEN, Esq., Barrister-at-Law. Royal 12mo. 3883. 18s. Bullen and Leake's Precedents of Pleadings, with Notes and Rules -relating to Pleading. Fourth Edition. By THOMAS J. BULLEN, E'sq., of the Inner Temple, and- CYRIL DODD, Esq., Barrister-at-Law. Part I. (containing (1) Introductory Notes on Pleading ; (2) Forms of Statements of Claim in Actions on Contracts and Torts, with Notes relating thereto). Royal 12mo. 1882. {Part II. m the press.) II. is. " Mr. Thomas Bullen and Mr. Cyril Dodd have done their work of adaptation admirably." — Law Journal. POISONING. —Reports of Trials for Murder by Poisoning ; by Prussic Acid, Strychnia, Anti- mony, Arsenic and Aconitine; including the trials of Tawell, W. Palnher, Dove, Madeline Smith, Dr. Pritchard, Smethurst, and Dr. Lamson. With Chemical Introductions and Notes on the Poisons used. By G. LATHAM BROWNE, of the Midland Circuit, Barrister-at-Law, Author of " Narratives of State Trials in the Nineteenth Century," and C. G. STEWART, Senior Assistant in the Laboratory of St. Thomas's Hospital, &c. - Demy 8vo. 1883. 12s. 6d " The work will 1)6 found alike useful to the lawyer as to the medical man." — Law THmen. '* As a guide to barristers anxious to post themselves up in points to ask, and to scientific witnesses to see the possible pitfalls to avoid, it will be invaluable." — 'SJie Analyit, August, 1883. *,* All standard Law Works wre Iceipt in Stock, in law calf and other hindings. 119, CHANCERY LANE, LONDON, W.C. 25 POWERS. — Fapwell on Powers. — A Concise Treatise on Powers. By GEORGE FARWBLL, B.A., of Lincoln's Inn, Esq., Barriater-at-Law. 8vo. 1874. 11. Is, " We recommend Mr. Farwell's book as containing within a small compass what would otherwise have to he sought out in the pages of hundreds of confusing reports."— rft« Jmk. PROBATE.— Bro-wne's Probate Practice : a Treatise on the Principles and Practice of the Court of Probate, in Contentious and Non-Contentious Business. Revised, enlarged, and adapted to the Practice of the High Court of Justice in Probate business. By L. J). POWLES, Barrister-at-Law. Including Practical Directions to Solicitors for Proceedi.igs in the Registry. By T. W. H. OAKLEY, of the Principal Registry, Somerset House. 8vo. 18.81. 11. 10s. " This edition will thus supply the practitioners in both branches of the profession with all the information that they may reqxiixe in connection with the probate of wills." — 27ie Times. '• In its present form this Is undoubtedly the most complete work on the Practice of the Court of Probate This Is strictly a practical book. No principle of law, statute or form which could be of service to the practitioner in the Probate Division appears to have been omitted." — The Law Times. PUBLIC HEALTH.— Chambers' Digest of the La^w re- lating to Public Health and Local Govern- ment. — With Notes of 1260 leading Cases. The Statutes in full. A Table of Offences and Punishments, and a Copious Index. Eighth Edition (with Supplement corrected to February 8, 1883). Imperial 8to. 1881. 11. lis. Or, the above with the Law relating to Highways and Bridges. 21. PUBLIC MEETINGS Chambers' Handbook for Public Meetings, including Hints as to the Summoning and Manage- ment of them. By GEORGE E. CHAMBERS, Esq., Barrister- at-Law. 12mo. 1878. • Net, 2s. 6d. QUARTER SESSIONS.— Leeming & Cross's General and Quarter Sessions of the Peace. — Their Jurisdiction and Practice in other than Criminal matters. Second Edition. By HORATIO LLOYD, Esq., Judge of County Courts, and H. E. THURLOW, Esq., Bariister-at-Law. 8to. 1876. 11. Is. Pritehard's Quarter Sessions. — The Jurisdiction, Practice ajid Procedure of the Quarter Sessions in Criminal, Civil, and Appellate Matters. By THOS. SIRRELL PRITCHARD, of the Inner Temple, Esq., Barrister-at-Law, Recorder of Wenlock. 8vo. 1875. 21. 2s. RAILWAYS.— Browne and Theobald's Law of Rail- way Connpanies. — Being a CoUeotion of the Acts and Orders relating to Railway Companies, with Notes of all the Oases decided thereon, and Appendix of Bye-Laws and Standing Orders of the House of Commons. By J. H. BALFOUR BROWNE, Esq., Registrar to the Railway Commissioners, and H. S. THEOBALD, Esq., Barristers-at-Law. Demy 8vo. 1881. 11. 12s. " Contains in a very concise form the whole law of railways." — Tlie Times. " A marvel of wide design and accurate and complete fulfilment. . . A complete and valiiable repository of all the learning as to rsulway matters." — Saturday Sanew. "As far as we have examined the volume the learned authors seem to have pre- sented the profession and the pubUo with the most ample Information to be found whether they want to know how to start a railway, how to frame its bye-laws, how to work it, how to attack it for injury to person or property, or how to wind it up.' — Zavi Times. RATES AND RATING.— Castle's Practical Treatise on the Law of Rating. By EDWARD JAMES CASTLE, of the Inner Temple, Esq., Barrister-at-Law. Demy Svo. 1879. 11. Is. " Mr. Castle's book is a correct, exhaustive, clear and concise view of the law." — Law Times. *J' All standard Zmv Works ore kept in Stock, in law calf and other bindings. 26 STEVENS AND SONS' LAW PUBLICATIONS. RATES AND RATING.-C(m*»n«d. Chambers' Law relating to Rates and Ra,ting ; with especial reference to the Powers and Duties of Eate-levying Local Authorities, and their Officers. Being the Statutes in fuU and brief Notes of 550 Cases. By G. F. CHAMBERS, Esq., Barrister-at-Law. Imp. 8vo. 1878. Reduced to 10s. REAL ESTATE. — Foster's Law of Joint Ownership and Partition of Real Estate. By EDWARD JOHN EOSTER, M.A., late of Lincoln's Inn, Banister-at-Law. 8vo. 1878. 10s. 6d. REAL PROPERTY.— Greenw^ood's Real Property Sta- tutes. Second Edition. By HAREY GREENWOOD, M.A., Esq., Barrister-at-Law. {In the press.) Leake's Elementary Digest of the La-w of Pro- perty in Land. — Containing : Introduxstion. Part I. The Sources of the Law.— Part II. Estates in Land. By STEPHEN MARTIN LEAKE, Barrister-at-Law. 8yo. 1874. II. 2». \* The atove forms a complete Introduction to the Study of the Law of Real Property. Shearwood'b Real Property — ^A Concise Abridgment of the Law of Real Property and an Introduction to Conveyancing. Designed to facilitate the subject for Students preparing for Examination (incorporating the changes effected by the Convey- ancing Act). By JOSEPH A. SHEAEWOOD, of Lmcoln's Inn, Esq., Barrister-at-Law. Second Edition. Demy 8vo. 1882. 7s. Gd. •'■We heartily recommend the work to students for any examinatiom on roai pro^ perty and convej^ancing, ad-vising them to read it after a perusal of other works and diortly before going in for the examination." — Lalo Students Journal, April 1, 1882. " A very useful little' w-oris, paa^ticularly to students just before their examination.'' — GUbstm's taw Motes, May, 1882. *' Excellently adapted to its purpose, and is in the present edition brought we down to date." — Law Magamie, May, 1882. " A very excellent specimen of a student's manual.'" — Law Jowmal, May 20, 1882. "■Will be found useful as a sfeepping-stone to the study of more conrprehensive Wfarks." — Zcwo Times. June 17, 1882. Shelford's Real Property Statiites.-r-Ninth Edition. ByT. H. CARSON, Esq., Barrister-at-Law. {In the press.} Smith's Real and Personal Property. — ^A Com- pendimn of the Law of Real and Personal Property, primarily connected with Conveyancing. Designed as a second book for Students, and as a digest of the most useful learning for Practi* tioners. By JOSIAH W. SMITH, B.C.L., Q.C. Sixth Edition. (Enlarged, and embodying the alterations made by the recent Sta- tutes.) By the AUTHOE and J. TRUSTEAM, LL.M., of Lin- eoln's Inn, Barrister-at-Law. 2 vols. Demy 8vo. {In the press.) " He. has given to the student a book wtai£h he may read over and over again witu profit and pleasure. "~£ato Timet. '*'nie -work before ns 'nill, we think, be found of very great service to the practitioner." •—Solicitor^ Journal, REGISTRATION.— Bro-wne's(G.Lathom)Parliamentary and Municipal Registration Act, 1878 (41 & 42 Vict. cap. 26) ; -with an Introduction, Notes, and Additional rocms. By G. LATHOM BROWNE, of the Middle Temple, Esq., Barrister-at-Law. 12mo, 1878. 5s. @d. Rogers. — Vide " Elections." REGISTRATION CASES.— Hop w^ood and Coltman's Registration Cases.— Vol. L (1868-1872). Net,2l.l8a. Calf. Vol. n. (1873-1878). Net, 21. 10s. Calf. Coltman's Registration Cases.— Vol. I. Parti. (1879 —80. Net,10a. PartIL (1880). Net,3s.6d.. Part IIL (1881). Net, 9s. Part IV. (1882). Net, is. '*, * A31 standard Law Dorics are kept in Stodi, in law calf amd other bindmgs. 119, CHANCEKY LANE, LONDON, W.U. 27 ROMAN LAW.— Greene's Outlines of Roman Law. Con- sisting chiefly of an Analysis and Summary of the Institutes. For the use of Students. By T. WHITCOMBE GREENE, B. V.L. , of Lin- coln'slnu, Bairister-at-Law. Third Edition. Foolscap 8vo. 1875. 7s.M. Mears' Student's Gaius and Justinian.— The Text of the Institutes of Gaius and Justinian, The Twelve Tables, and the CXVIII. and CXXVII. Novels, with Introduction and Translation by T. LAMBERT MEARS, M.A., LL.D., of the Inner , Temple, Barrister-at-Law. Post 8 vo. 1882. 18s., .1. translation seoms to be carefully done, and displays more neatness and elegance than is usually found in renderings of Roman legal texts."— TAe Time's. Mears' Student's Ortolan.— An Analysis of M. Ortolan's Institutes of Justinian, including the History and Generalization of Roman Law. By T. LAMBERT MEARS, M.A., LL.D. Lond., of the Inner Temple, Barrister-at-Law. PvUished by permission of the late M. Ortolan. PostSvo. 1876. 12».6d. Ruegg.— Vide "Justinian." RULES OF THE SUPREME COURT: The Rules of the Supreme Court, 1883 (official copy). Sewed. Net, 2s. 2d Do. interleaved. do. Nat, 4s. 6d. Do. bound in limp leather. Net, 6s. M. Do. do. do. interleaved. Net, 8s. 6d, Do., with an Index. By M. D. CHALMERS and M. MUIR MACKENZIE, Esqrs., Barristers-at-Law, Editors of "Wilson's Judicature Acts.' Sewed. Net, is.6d. Do. bound in limp leather. Net, Ss. Do. do. do. interleaved. Net, 10s. 6d. The Rules of the Supreme Court, 1883.— With Introduction, References, Notes, and Index, by A. R. WHITE WAY, M.A., of the Equity Bar and Midland Circuit. Autlior of " Hints to Solicitors " and " Hints on Practice." Royal 12mo. 1883. 7s. 6d. " An excellently printed edition of the new Eules, with motes containing cross references and stating the sources of the Rules."— SoJicitors' Journal, October 13, 1883. ■Woodfall's Guide to the Ne%w Rules and Prac- tice. — Being a Synopsis of the Rules of the Supreme Court, 1883, with Notes and References to Cases overruled and illustrative. By ROBERT WOODFALL, of the Inner Temple and South Wales Circuit, Barrister-at-Law. Royal 12mo. 188ii. 5s. SETTLED ESTATES STATUTES.— Middleton's Settled Es- tates Statutes, including the Settled Estates Act, 1877, Settled Land Act, 1882, Improve- ment of Land Act, 1864, and the Settled Estates Act Orders, 1878, with Introduction, Notes and Forms. Third Edition. With Appendix of Rules and Forms under the Settled Land Act, 1882. By JAMES W. MIDDLETON, B.A., Barrister-at-Law. Royal 12mo. 1883. 7s. 6d. "In form the book is very simple and practical, and having a good index it is sure to afford material assistance to every practitioner who seeks its aid." — Law Journal, " The book is intended for the legal adviser and equity draftsman, and to these it win give considerable assistance." — Law Times. "The best manual on the subject of settled estates which has yet appeared:' SHERIFF LAW.— Churchill's La'w of the Office and Duties of the Sheriff, with the Writs and Forms relating to the Office. Second Edition. By CAMERON CHURCHILL, B.A., of the Inner Temple, Barrister-at-Law. Demy 8vo. 1882. IJ. 4s. " A very complete treatise." — SoUeitors' Jovjrwil. •' Under-sherfes, and lawyers generally, will find this a useful book." — haw Mag. *,* AU standard Law Works aire AcpJ im Stock, in lam ealfand other bindings. 28 STEVENS AND SONS' LAW PUBLICATIONS. SHIPPING,— Boyd's Merchant Shipping Laws; being a Conaolidation of all the Merchant Shipping and Passenger Acts from 1854 to 1876, inclusiire; with Notes of all the leading English and American Cases, and an Appendii. By A. C. BOYD, LL.B., Esq., Barrister- at-Law. 8to. 1876. 1«. 5s. " We can recommend tbe work as a very useful compendium of shippinfl;la-w.'* — Law Timet. Foard's Treatise on the La-w of Merchant Shipping and Freight.— By JAMES T. EOAKD, Bar- rister-at-Law. Eoyal 8vo. 1880. Half tMlf, 11. It. SLANDER.— Odgers.— Fide " Libel and Slander." SOLICITORS.— Cordery's La-w relating to Solicitors of the Supreme Court of Judicature.- With an Appendix of Statutes and Eules. By A. COE.DEEY, of the Inner Temple, Esq., Barrister-at-Law. Demy 8vo. 1878. 14s. " Mr. Cordery writes tersley and clearly, and displays in general great industry and care in the collection of cases.' — Solicitors' Journal. Turner.— Fide "Vendors and Purchasers" "Whlteway's Hints to Solicitors.— Being a Treatise, on the Law relating to their Duties as Officers of the High Court of Justice; with Notes on the Keoent Changes affecting the Profession ; and a vade mecum to the Law of Costs. By A. E. WHITEWAY, M.A., of the Equity Bar and Midland Circuit. Author of "Hints on Practice." Eoyal 12mo. 1883. 6s. " A concise treatise of useful information." — Law Times. "He writes tersely and practically, and the cases he gives, if not exhaustive of the subject, are numerous and pithily explained. The hook will altogether he found of great practical value." --Mm Journal, May 19, 1883. SPECIFIC PERFORMANCE.— Fry's Treatise on the Specific Performance of Contracts.— By the Hon. Sir EDWAED EEY, one of the Judges of the High Court of Justice (now a Lord Justice of Appeal). Second Edition. By the Author and W. DONALDSOM EAWLINS, of Lincoln's Inn, Esq., Barrister-at-Law, M.A. Eoyal 8vo. 1881. \l. 16s. STAMP LAWS.— Tilsley's Treatise on the Stamp La-ws.— 8to. 1871. 18s. STATUTE LAW.— ■Wilberforce on Statute La^Ar.— The Principles which govern the Construction and Operation of Statutes. By E. WILBEEFOECE, Esq., Barrister-at-Law. 1881. 18s STATUTESi and vide "Acts of Parliament." Chitty's Collection of Statutes from Magjia Chartatol 8 80. — A Collection of Statutes of Practical Utility ; arranged in Alphabetical and Chronological order, with Notes thereon. The Fourth Edition, containing the Statutes and Cases down to the end of the Second Session of the year 1880. By J. M. LELY, Esq., Barrister-at-Law. In 6 very thick vols. Eoyal 8vo. (8,346 pp.) 1880. \2l. 12s. Supplements to above, 44 tfc 45 Vid. (1881). 8s. 45 cfc 46 Vict. (1882). 16s; *^* This Edition is printed in larger type than former Editions, and with increased facilities for Reference. " It is needless to eiilarge on the value of " Chitty a Statutes " to both the Bar and to solicitors, for it is attested by the experience of many years. .It only remains to point out that Mr. Lely's work in bringing up the collection to liie present time' is distinguished by care and judgment. The difficulties of the editor were chiefly those . of selection and arrangement. A very slight laxness of rule in including or excluding certain classes of Acts woiold materially affect the size and compendiousness of the work. Still more important, however, is the way in which the mechanical difficulties of arrangement are met. The Statutes are compiled under sufficiently comprehensive *»* All standard Law Works a/re kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W-C. 29 S T ATUT ES —Contimua. titles^ in alphabetical order. Mr. Lely, moreover, supplies us with three indices— the first, at the head of each title, to the ,eiiactmonts comprised in it ; secondly, an index of Statutes in chronological order ; and, lastly, a general index. By these cross references research into every branch of law governed by the Statutes ia made easy both for lawyer and layman." — The Times. *_' A very satisfactory edition of a time-honoured and most valuable work, the trusty guide of present, as of former judges, jurists, and of all otliei"S connected with the administration or practice of the Il&w."— Justice of the Peatv. " The practitioner has only to take down one of the compact volumes of Chitty, and he has at once before him all the legislation on the subject in hand." — Solicitors' Journal. *• * Chitty • is pre-eminently a friend in need. Those who do not possess a complete set of the statutes turn to its chronological index when they wish to consult a par- ticular Act of Parliament. Those who wish to know what Acts are in force with reference to a particular subject turn to that head in * i.ihitty,' and at once find all the material of which they are in quest. Moreover, they are, at the same time, referred to the most important cases which throw' light on the subject." — Law Journal. "Public General Statutes, royal 8vo, issued in parts and in complete volumes, and supplied immediately on publication. * Printed by Her Majesty's Printers, and Sold by Stevens & Sons. SUMMARY CONVICTIONS.— Highmore.— Fide " Inland Eevenue Cases." Paley's Law and Ppaetice of Summary Convic- tions under the Summary Jurisdiction Acts, 1848 and 1879 ; including Proceedings preliminary and subse- quent to Convictions, and the responsibility of convicting Magi- strates and their OfScers, with Forms. Sixth Edition. By W. H. MACNAMAEA, Esq.,Barrister-at-Law. Demy 8vo. 1879. li. 4s. "We gladly welcome this good edition of a good book." — Solicitors' Journal. Templar's Summary Jurisdiction Ac,t, 1879.— Rules and Schedules of Forms. With Notes. By F. G. TEMPLEE, Esq., Barrister-at-Law. Demy 8vo. 1880. 5s. ** We think this edition everything that could be desired." — Sheffield Post. Wigram. — Vide "Justice of the Peace." TAXES ON SUCCESSION.-Trevop's Taxes on Succes- sion. — ^A Digest of the Statutes and Cases (including those in Scotland and Ireland) relating to the Probate, Legacy and Succession Duties, with Practical Observations and Official Forms. Completely rearranged and thoroughly revised. By EVELYN FEEETH and EOBEET J. WALLACE, of the Legacy and Succession Duty Office. Fourth Edition, containing full information as to the Altera- tions made in the above Taxes by the 44 Vict. c. 12, and the Stamp Duty thereby imposed on '-Accounts." Eoyall2mo. 1881. 12s.6d. " Contains a great deal of practical information, which is likely to make it very useful to solicitors."— Zaw Journal. ,,,,,, i, . . i, " The mode of treatment of the subject adopted by the authors is emmently prac- tical."— iSoiicifor*' Journal. TORTS.— Addison on Wrongs and their Remedies.— Being a Treatise on the Law of Torts. By C. G. ADDISON, Esq., Author of " The Law of Contracts." Fifth Edition. Ee-written. By L. W. CAVE, Esq., M.A., one of Her Majesty's Counsel (now a Justice of the HiKh Court). Eoyal 8vo. 1879. 11. 18s. " As now presented, thus valuable treatise must prove highly acceptable to judges aud the profession."— iaw Timet. . •' Cave's ' Addison on Torm ' will bo recoRUued as an mdispensable addition to every lawyer's library."— i-aw Magazuu. Ball.— yide "Common Law." *,* A a Standard Law Works a/re kept in Stock, in law calf and other bindings. 30 STEVENS AND SONS' LAW PUBLICATIONS. TRADE MARKS.— Hardingham's Trade Marks: Notes on ths British, Toreign, and Colonial Laws relating thereto. Compiled for the use of Manufacturers, Merchants, and others interested in Commerce. By GEO. GATTON MELHUISH HAKDINGHAM, Assoc. Mem. Inst. C.E., Mem. Inst. M.B., Consulting Engineer and Patent Agent. Koyal 12mo. 1881. Net,2s.Sd. Sebastian on the Law of Trade Marks.— The Law of Trade Marks and their Begistration, and matters connected therewith, including a chapter on Goodwill. Together with AppCH- dices containing Precedents of Injunctions, &c. ; The Trade Marks Begistration Acts, 1875 — 7, the Eules and Instructions thereunder; The Merchandise Marks Act. 1862, and other Statutory enactments; The United States Statute, 1870 and 1875, the Treaty with the United States, 1877 ; and the Bules and Instructions issued in Eehruary, 1878. With a copious Index. By LEWIS BOYD SEBASTIAN, B.C.L., M. A., Esq., Barrister-at-Law. 8vo. 1878. 14». " The Master of the Rolls in his judgment in Se Palmer's Trade Marks, said *He was glad to see that the weU-known writer on trade marks, Mr. Sebastian, had taken the .same view of the Act.' "—The Times. " Mr. Sebastian, has written the fullest and most mcthodieal book on trade marks vhlch has appeared in England since the passing of the Trade Marks Registration Acts." — Trade Marks. Sebastian's Digest of Cases of Trade Mark, Trade Nanne, Trade Secret, Goodwill, &c., de- cided in the Courts of the United Kingdom, India, the Colonies, and the United States of America. By LEWIS BOYD SEBASTIAN, B.C.L., M.A., Esq., Barrister-at-Law. 8vo. 1879. 11. Is. *' A digest which will be of very great value to. all practitioners who have to advise on matters connected with trade marks." — aoliciior^ Journal. Trade Marks Journal. — 4to. Sewed. (Issued fortrdghtly.) Nos. 1 to 294 ore tiow reaAy. Net, each Is. Index to Vols. I. to VI. Net, each Zt, Do. Vol. VII.- Net, is. 6d. TRAMWAYS.— Sutton's Tram-way Acts of the United Kingdom ; with Notes on the Law and Practice, an Introduc- tion, including the Proceedings before the Committees, Decisions of the Beferees with respect to Locus Standi, and a Summary of the Principles of Tramway Bating, and an Appendix containing the Standing Orders of Parliament, Bules of the Board of Trade relating to Tramways, &c. Second Edition. By HENEY SUTTON, B. A., assisted by BOBEET A. BENNETT, B.A., Barristers-at- Law. Demy 8vo. 1883. 15s "The book is exceedingly well done, and cannot fail not only to be the standard work on its own subject, but to take a high place among legal text-books."— Zrfiw Journal, April 21, 1883. TRIALS FOR MURDER BY POISONING.— Browne and Stewart.— Fi(ie "Poisons." TRUSTS AND TRUSTEES.— Godefroi's Digest of the Principles of the La-w of Trusts and Trus- tees.— By HENBY GODEFBOI, of Lincoln's Inn, Esq., Barrister-at-Law. Joint Author of " Godefroi and Shortt's Law of Bailway Companies." Demy 8vo. 1879. 11. Is. " As a digest of the law, Mr. Godefroi's work merits commendation, for the author's statements are brief and clear, and for his statements he refers to a goodly array of authorities. In the table of cases the references to the several contemporaneous reports are given, and thereiisa very copious index to subjects." — Law Jowrnal. USES —Jones CW. Hanbury) on Uses.— 8yo. 1862. 7». STEVENS & SONS, 119, CHANCEBY LANE, LONDON, W.C. 119, CHANOBKY LANE, LONDON, W.O. 31 VENDORS AND PURCHASERS Dart's Vendors and Pur- chasers. — A Treatise on the Law and Practice relating to Ven- dors and Purchaser3 of Keal Estate. By J. HENRY DA"RT, Esq.. one of the Six Conveyancing Counsel of the High Court of Justice, Chancery Division. Fifth Edition. By the AUTHOR and "WILLIAM BARBEK, Esq., Barristei^at-Law. 2 vols. Royal 8vo. 1876. SI. 13s. 6rf. *' A standard work like Mr. Dart's is Tieyond all praise." — 7^ Law Jcmrnal, Turner's Duties of Solicitor to Client as to Sales, Purchases, and Mortgages of Land. By EDWARD r. TURNER, Solicitor, Lecturer on Real Property and Conveyancing, and one of the Assistant Examiners for Honours to the Incorporated Law Society for 1882-3. (Publislied by permission of the Incorporated Law Society). Demy 8vo. 1883. 10s. Sd. ' ' A careful perusal of these lectures , cannot fail to be of great advantage to students, and more particularly, we think, to young practising solicitors."— iaw Times, September Ti, 1883. VOLUNTEER LAW — A Manual of the Law regulating the Volunteer Forces.— By W. A. BURN and W. T. RAYMOND, Esqrs., Barristers-at-Law, and Captains in H.M. Volunteer Forces. Royal 12mo. 1882. Net, 2s. WILLS.— Ravifllnson's Guide to Solicitors on taking Instructions for "Wills. — Svo. 1874. is. Theobald's Concise Treatise on the Law of "Wills.— "With Statutes, Table of Cases and Full Index. By H. S. THEOBALD, Esq., Barrister-at-Law. Second Edition. Demy Svo. 1881. IZ. is. "Mr. Theobald has certainly^given evidence of extensive investigation, conacientious labour, and clear exposition."' — Laui Magazine. "A book of great ability and value. It bears on every page traces of care and sound jodgment. It is certain to prove of great practical usefmu'ess." — Solidton^ Journal. " His arrangement being good, and his statement ot the effect of the decisions being clear, Ms work cannot fail to be of practical utility." — Law Times. "Weaver's Precedents of "Wills. — A eoUection of con- cise Precedents of Wills, with Introduction, Notes, and an Appendix of Statutes. By Charles Weaver, K.A. Post 8vo. 1882. 5s. WRONGS.— Addison.— Fide "Torts." :R:E]Fo:Ea'X'S. — j_ large stock new and second-hand. Prices on application. 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