THE LEGAL MT1ES OR. 
 
 
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 1891 
 
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 HE587.G7 G49 1903 
 
 Hints on the legal duties of shipmasters 
 
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 B Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
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 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030131860 
 
HINTS ON 
 
 THE LEGAL DUTIES OF 
 
 S-HIPMASTEES. 
 
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HINTS ON 
 
 THE LEGAL DUTIES 
 
 OF 
 
 SHIPMASTERS. 
 
 BY 
 
 BENEDICT W. GINSBURG, 
 
 M.A. LL.D. (Cantab.) 
 
 OF THE INNER TEMPLE AND NORTHERN CIRCUIT J BARRISTER-AT-LAW. 
 
 SECOND EDITION. 
 THOROUGHLY REVISED. 
 
 LONDON: 
 
 CHARLES GRIFFIN AND COMPANY, LIMITED, 
 
 EXETER STREET, STRAND. 
 
 1903. 
 
 [All tights reserved.] 
 
Printed by Ballantyne, Hanson &> Co. 
 At the Ballantyne Press 
 
THIS BOOK 
 
 IS DEDICATED 
 
 TO MY FRIEND 
 
 WALTER JACK HOWELL, Esq., 
 
 COMPANION OF THE BATH, 
 
 CHIEF OF THE MARINE DEPARTMENT OF 
 
 THE BOARD OF TRADE 
 
PREFACE TO THE FIRST EDITION. 
 
 The -writing of this little volume was suggested by the kind 
 reception accorded to a paper entitled " The Legal Duties of 
 the Shipmaster at Home and Abroad," which I had the honour 
 of reading before the Shipmasters' Society of London in October 
 1896. This is simply an expansion of that paper, and has no 
 intention of presuming to be a "law" book. Legal practitioners 
 have many excellent text-books, and there is no occasion for me 
 to attempt to trouble them with another. My design has been 
 to furnish a little work which should form a useful part of the 
 " Nautical Series," though it could not come quite within the 
 four corners of the Editor's description of the general character 
 of the works included therein. For it cannot claim to give 
 " a more scientific insight into the principles " of the Ship- 
 master's profession, nor yet " into the sciences upon which the 
 Art of Navigation is founded." It, however, deals with a matter 
 which vitally affects the Shipmaster in every department of his 
 professional work and throughout every stage of his whole pro- 
 fessional career. Its subject is, therefore, one which certainly 
 appeals to him. 
 
 My aim has been to provide him with a small handbook, which, 
 in clear and non-technical language, shall explain to him the 
 principles upon which the law that he has to obey is founded, 
 and to give him some aid in the direction of his conduct when 
 he is out of the reach of other advisers. It is no attempt to 
 make every Shipmaster his own lawyer. To aim at such a feat 
 would be a very hopeless task, and it would certainly not be one 
 by which I could hope to benefit the Shipmaster's profession. 
 
Vlll AUTHORS PREFACE. 
 
 From the design and scope of the book it will be seen that it 
 has been considered undesirable to quote authorities. Authori- 
 ties are of no value at sea or in emergency. They can only 
 become valuable when conduct has to be justified in Courts of 
 Law, and before that occasion arises the Shipmaster has oppor- 
 tunity to consult professional advisers who are able to cite from 
 other sources the authorities on which I have relied. 
 
 Whilst, as I have said, there are excellent law-books dealing 
 with the duties of the Shipmaster,* there are also several 
 volumes — notably those published from the offices of the Ship- 
 ping Gazette and the Liverpool Journal of Commerce — which deal 
 with the more purely business aspect of his work. The aim of 
 the present book has been to fill up a space which, I believe, 
 exists between these two extremes. 
 
 It has been said that there is no need for such a work as the 
 present because of the modern extension of the world's telegraph 
 system, and that the whole duty of the Shipmaster in difficulty 
 abroad is comprised in the words " Cable to your owner.'' No 
 doubt the spread of the cable has largely decreased the occasions 
 on which a Shipmaster is called upon to exert the more serious 
 powers with which he is legally endued for the benefit of the 
 adventure in charge of which he has been placed. But those 
 powers (and the Shipmaster's responsibilities) remain, and there 
 are still many ports which are inaccessible by telegraph. It is 
 precisely in those out-of-the-way places that the Shipmaster is 
 most likely to find himself in positions of exceptional difficulty. 
 Cases could be cited, too, of Shipmasters cabling for instructions 
 and receiving no assistance from those to whom they looked. 
 Moreover, difficulties arise at sea in respect of salvage agreements 
 and of questions connected with the maintenance of discipline, 
 and with other matters which will readily suggest themselves to 
 the reader. At sea there can be no seeking directions from home. 
 
 * Amongst these I must especially mention Kay's " Law of Shipmasters 
 and Seamen," edited by Mansfield and Duncan. 
 
AUTHORS PREFACE. 1 IX 
 
 Besides this, though it is certainly advisable and right that the 
 Shipmaster should in every case, where it is possible to do so, 
 seek to have the instructions of those whom he represents as to 
 the direction of their affairs on each unexpected development, it 
 is well for him, for his own sake, to have some little knowledge 
 of the main principles of the law affecting his profession. For 
 he and the law are mutually very much interested in one another. 
 Moreover, it has ever been held that a knowledge of the prin- 
 ciples of law, as distinguished from an acquaintance with its 
 practical details, has formed no inconsiderable part of a liberal 
 education. The profession of Shipmaster has its responsibilities, 
 increasing as values increase and ships multiply on the seas, and 
 its members are rightly desirous of elevating its status and 
 improving their position. Hence the call for the " Nautical 
 Series," and the excuse for this humble contribution to it. 
 
 BENEDICT W. GINSBURG. 
 
 12 King's Bench Walk, 
 
 Temple, E.C. 
 
 March 1898. 
 
PREFACE TO THE SECOND EDITION. 
 
 The reception accorded to the First Edition has shown that 
 this little book has, to some extent, fulfilled a public need. I 
 have added somewhat to the text, to bring the book to date, 
 and have given the latest rules and regulations in the Appendices 
 therein ; I have also included some further disciplinary rules. 
 
 B. W. G. 
 
 February 1903. 
 
CONTENTS. 
 
 CHAPTER I. 
 
 THE QUALIFICATION FOE THE POSITION OF MASTER. 
 
 The Board of Trade Certificate : how obtained and how lost — The Ship- 
 master begins at the bottom of the Ladder — Two General Classes of 
 Certificates — The Candidate's previous Experience — The Rights of 
 Apprentices to Instruction — Necessity [for Preliminary Assurance as 
 to Power to distinguish Colours — Master bound to teach the Appren- 
 tice his Trade — Necessity for Intelligent Study — A High Standard of 
 Competency not to be demanded— Certificated Officers of Foreign 
 Birth— A National Question — Withdrawal of Certificate for Offences 
 or Misconduct — Board of Trade Inquiries — Preliminary Inquiries — 
 Formal Investigation — Naval Courts ..... pp. 1-9 
 
 CHAPTER II. 
 
 THE CONTRACT WITH THE SHIPOWNER. 
 
 A Contract of Service— Bonus for Freedom from Accident — Captain's 
 Investment for Engagement — Engagement Terminable on Casualty 
 — Captain may not Trade on Ms own Account — Distinction between 
 Master's Salary and Men's Wages — Necessity for Inquiry into Power 
 of those who offer Leave to vary Instructions — The " Custom of the 
 Trade " no Excuse— Owner's Right of Dismissal — For Drunkenness — 
 Forfeiture of Wages — Dismissal by Naval Courts — Change of Owners 
 — Maritime Lien pp. 10-18 
 
 CHAPTER III. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW. 
 
 (A) Engagement. 
 
 Engagement — Agreements — Home-trade Agreements— Agreements with 
 Crews of Foreign-going Ships — Running Agreements — Agreements 
 
Xll CONTENTS. 
 
 with Lascars— Engagement of Seamen Abroad — General Points of 
 Engagement PP- !9-z 6 
 
 CHAPTER IV. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW— (continued). 
 
 (B) Apprentices. 
 Indentures of Apprentices— Official Notices of Cancellation of Indentures 
 —Apprentices under the Merchant Shipping Acts— Rights of Appren- 
 tices PP- 27-28 
 
 CHAPTER V. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW— (continued). 
 
 (C) Discipline. 
 
 Discipline — General Observations — Drunkenness or Neglect in Master or 
 Seaman — Punishment for Desertion — Kindred Offences not amount- 
 ing to Desertion — General Offences against Discipline — False State- 
 ments — Stowaways and those on Board by legal Order— Penalties on 
 Outsiders for assisting or encouraging Offenders — Apprehension of 
 Deserters in the United Kingdom — Abroad — Offences must be Logged 
 — What does not amount to Desertion — The Right to Forfeiture of 
 Wages may be Lost — Criminal Offences by Passengers or Crew — Duty 
 to the Public demands Prosecution of Offenders . . "* pp. 29-39 
 
 CHAPTER VI. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW— (continued) 
 
 (D) Provisions, Accommodation and Medical Comports. 
 
 Survey of Provisions on Complaint — Survey of Provisions prior to Sailing 
 — Weights and Measures must be Carried and Used — Compensation 
 for Reduced Allowance — Medicine — Penalties for Insufficient Supply 
 — Lime-juice — Extra Sugar — Scurvy — Medical Officers — The Rights of 
 Crew in Case of Illness — Survey of Unseaworthy Ships — Accommoda- 
 tion — Protection against Imposition pp. 40-48 
 
 CHAPTER VII. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW— (continued). 
 
 (E) Payment op Wages and Discharge. 
 
 Advance Notes — Allotment Notes — Seamen's Money Orders — The Sea- 
 man's Right to Wages — The Master's Duties when a Seaman Dies — 
 Wages of Seamen lost with their Ship — Leaving Seamen behind— 
 
CONTENTS. Xlll 
 
 (a) When Ships are Sold— (b) When the Ship is Wrecked — A Devia- 
 tion — Volunteering into the Eoyal Navy — As to Payment — Seaman's 
 Maritime Lien for Wages — Where Suits for Wages may be Insti- 
 tuted pp. 49-60 
 
 CHAPTER VIII. 
 
 THE MASTER'S DUTY IN RESPECT OF THE PASSENGER. 
 
 General Observations— Baggage — Rights of Passengers — Definition of a 
 "Passenger Ship" — Definition of a "Passenger" — Statute Adult — 
 Steerage Passenger — Cabin Passenger — Space — Messing — Amount of 
 Fare — Form of Ticket — Upper Passenger Deck — Lower Passenger 
 Deck — A Colonial Voyage — An Emigrant Ship — Surveys of Passenger 
 Steamers — Keeping Order amongst Passengers — Surveys of Emigrant 
 Ships — Equipments — Where Passengers may be carried — Exercise 
 Decks — Decks to be kept clear — Construction of Passenger Decks — 
 The Berths — Privies — Hospitals — Light and Air — Provisions, Water 
 and Medical Stores — Dangerous Goods and Cattle — General Strength 
 of Crew — Steerage Steward — Steerage Cooks — Interpreters on Foreign 
 Emigrant Ships — Medical Practitioners — Medical Inspection — Pas- 
 sengers' Lists — Maintenance on Arrival — Wrongful Landing— Sub- 
 sistence — Abstract of Act — The Master's Bond — Putting back with 
 Damage — Duty of Masters putting back — Obligation to allow In- 
 spection pp. 61-79 
 
 CHAPTER IX. 
 
 MASTER'S FINANCIAL LIABILITIES. 
 
 On Account of Charterer — On Account of Disbursements — On Contracts in 
 Excess of his Authority — For Acts of Subordinates . pp. 80-82 
 
 CHAPTER X. 
 
 THE MASTER'S DUTY IN RESPECT OF CARGO. 
 
 Duty to Cargo Owner — Notice to Charterer— Receipt— Stowage — Stowage 
 on Deck — Special Statutory Requirements as to Cargo — Dangerous 
 Goods — Grain Cargoes— Definition of Grain — A Ship laden with Grain 
 — On what Voyages the Regulations apply — Notices under the Act — 
 Inspectors — Stevedores — Freight — Lien for Freight — Lien for other 
 Charges — Dead Freight — Demurrage— Extinguishment of Lien— Stop- 
 page in transitu — Signing Bills of Lading — Re-delivery of Cargo — 
 In like Order and Condition — Implied Conditions — Barratry — Bar- 
 ratry by Crew — Jettison — Cargo as Fuel — Sale of Cargo by the 
 Master pp. 83-104 
 
XIV CONTENTS. 
 
 CHAPTER XI. 
 
 THE MASTER'S DUTY IN CASE OF CASUALTY. 
 
 Cases of Collision — Good Defences — Both to blame — Points arising out of 
 the Law of Collision at Sea — Report of Accidents — Salvage — For- 
 feiture of Eight to Award — Receiver of Wrecks — Depositions as to 
 Wrecks and Wreckage — Duty to Underwriters — Duty in Case of 
 Wreck to Crew — To Steerage Passengers— To Passengers of any 
 Class pp. 105-117 
 
 CHAPTER XII. 
 
 THE MASTER'S DUTY TO CERTAIN PUBLIC AUTHORITIES. 
 
 Bill of Health — Quarantine — Customs — As to the Coasting Trade — 
 Coasters may not call at Foreign Ports — Cargo Book — As to Goods 
 from Isle of Man — As to the Channel Islands — Where the Goods are 
 Dutiable — Where Goods are not Dutiable — As to Stores — Contraband 
 of War — As to Clearance — Smuggling— Painting Boats' Names — The 
 Duty to British Public Officers Abroad— In the Case of Births — In the 
 Case of Deaths — The Master must render Assistance to Justice — 
 Certain Legal Liabilities of the Ship . . . . pp. 11 8- 129 
 
 CHAPTER XIII. 
 
 THE MASTER'S DUTY IN RELATION TO PILOTS, SIGNALS, 
 FLAGS, AND LIGHT DUES. 
 
 Pilotage— Who are Liable for Payment of Dues— Pilotage, when Earned— 
 Offences in respect of Pilotage— Unqualified Pilots— Where Un- 
 qualified Pilots may act— Pilotage Certificates for Ship's Officers- 
 Compulsory Pilotage— A Defence in Collision Cases— Master's Duty as 
 regards Employment of Pilot— Pilot Flags— Pilot Signals— Use of 
 National Flag — Foreigners may not use it — Penalty for Conceal- 
 ing Nationality— Distress Signals— Ordinary Ships' Signals— Light 
 Dues pp. 130-138 
 
 CHAPTER XIV. 
 
 THE MASTER'S DUTY UPON ARRIVAL AT THE PORT OF 
 DISCHARGE. 
 
 A "Safe" Port— Steps to be taken on Arrival— Lists to be given in— As 
 to the Official Log— The Master's Protest— The Master in relation to 
 the Laws of Foreign Countries . 
 
 pp. 139-142 
 
CONTENTS. XV 
 
 APPENDICES. 
 
 PAGE 
 
 I. Requirements as to Sea Service necessary to Qualify for Certi- 
 ficates of Competency 143 
 
 II. Subjects for Examination for Certificates of Competency . 146 
 
 III. Suggested Clause to be Inserted in Agreements when the 
 
 Master Invests in the Ship he is to Command . . .154 
 
 IV. Keeping Order amongst Passengers and Emigrants, and Sug- 
 
 gestions as to Preparations for Emergency .... 156 
 
 V. Dietary Scales 165 
 
 VI. Scale, for the Determination of the Length of Voyages by 
 
 Passenger-Ships 168-169 
 
 VII. Precautions as to Grain Cargo . . . . . . . 1 70 
 
 VIII. Life-saving Appliances. Rules made by Board of Trade under 
 
 the Merchant Shipping Act, 1894 188 
 
 IX. Load-line Regulations made by the Board of Trade under the 
 
 Merchant Shipping Act, 1894 200 
 
 X. The Carriage of Cattle 204 
 
 XI. Marriage and other Services on Board Ship .... 217 
 
 XII. Continuous Discharges for Seamen 219 
 
 INDEX 221 
 
BOARD OF AGRICULTURE 
 
 Foreign Animals Order, 1903 
 
 Whilst the present edition was in the hands of the binders the 
 Board of Agriculture issued a new Foreign Animals Ordek, 
 to be known as that of 1903. This revoked the Order printed 
 in the Appendix, and with it some nine subsidiary ordinances 
 of a similar kind, some of which have had but a mayfly existence 
 of a very brief span. The new Order is to come into force 
 on August 1st. It will be welcome as removing some of the 
 more ridiculous limitations with which the Board has hedged 
 in the work of the shipmaster and the shipowner. For half a 
 dozen years it has been pointed out that the Cattle Trade be- 
 tween the Argentine and this country has been greatly hampered 
 by the existence of entirely incompatible regulations on the two 
 sides of the Atlantic. Regulations were made by the Argentine 
 Government as to the construction and dimensions of the pens in 
 which the beasts were to be carried, and these were so different 
 to those enforced by our Board of Agriculture that a ship which 
 could get clearance at the other side must of necessity be pro- 
 vided with fittings which broke the rules laid down by authority at 
 this end of the journey. After some unhappy people had been 
 prosecuted by the Board the regulations were in 1898 allowed to 
 become a dead letter in so far that it was agreed that prosecutions 
 should not be instituted by the Board of Agriculture's officials 
 against those who had brought cattle from Argentina and 
 fulfilled the requirements of the place of shipment in this regard. 
 But it is only after another five years have elapsed that an order 
 clearing the position is promulgated by the Department so as to 
 bring law and practice into harmony. 
 
 July 13, 1903. 
 
THE 
 
 LEGAL DUTIES OF SHIPMASTERS IN 
 THE MERCANTILE MARINE. 
 
 CHAPTER I. 
 
 THE QUALIFICATION FOR THE POSITION OF MASTER. 
 
 Contents.— The Board of Trade Certificate : how obtained and how lost 
 —The Shipmaster begins at the bottom of the Ladder— Two General 
 Classes of Certificates— The Candidate's previous Experience — The 
 Rights of Apprentices to Instruction — Necessity for Preliminary Assur- 
 ance as to Power to distinguish Colours— Master bound to teach the 
 Apprentice his Trade— Necessity for Intelligent Study— A High Stan- 
 dard of Competency not to be demanded — Certificated Officers of 
 Foreign Birth— A National Question— Withdrawal of Certificate for 
 Offences or Misconduct — Board of Trade Inquiries — Preliminary In- 
 quiries — Formal Investigation — Naval Courts. 
 
 The Qualification for the Position. The Board of Trade Certifi- 
 cate : how obtained and how lost. — The sailor's first acquaint- 
 ance with the law is generally made long before he attains the 
 dignity of a command. In fact, as soon as he joins a ship he 
 gets in touch with the authority of the Board of Trade, which 
 makes so elaborate a provision for the due engagement of seamen 
 and apprentices. But it will scarcely fall in with our design to 
 begin with a discussion on the engagement of a crew, and it will 
 be better, in regarding the legal duties of the shipmaster, to 
 speak first of the methods by which a man can obtain the leave 
 of the law to offer himself for a command. There is no royal 
 road to it. 
 
 The Shipmaster begins at the bottom of the Ladder. Two 
 General Classes of Certificates. — Every master must begin at 
 the bottom of the ladder. As most people who have any connec- 
 tion with maritime affairs are aware, there are in our Merchant 
 Service two general classes of certificates. These are for Home 
 Trade and for Foreign Trade. There is indeed another class for 
 those who have charge of pleasure yachts. But the obtaining of 
 
 A 
 
2 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 these yacht certificates is not compulsory, and we have no reason 
 here to take note of that which is purely honorary, especially 
 when, as here, it affects a very small section of those with whom 
 we have to deal. The home trade, of course, does not demand 
 in all respects such services from those who wish to obtain its 
 certificates as the foreign. Yet to obtain the lowest rank of 
 certificate in either branch the candidate must show four years' 
 service at sea. 
 
 The Candidate's previous Experience. — For the higher certifi- 
 cates he must be able to prove that he already has possession of 
 a lower grade certificate (or a first-class pilot certificate), and that 
 he has actually worked in certain positions since he has obtained 
 it. Until recently there were limitations as to the period during 
 which the service he relies on has been made so as to ensure that 
 the officer had recent experience. 
 
 And merely going to sea is not enough. The candidate must 
 show something beyond service as a cook or steward, or car- 
 penter, or in the machinery department. It must be service 
 as a navigator. An official encouragement is given to the entry 
 of boys through nautical training-ships by the fact that a good 
 discharge from a course of not less than two years in one of these 
 vessels will count to him for a year of sea service.* Many of our 
 best passenger lines, nowadays, make it a practice to take none 
 but old boys from the Worcester or the Conway into the ranks of 
 their officers. And now that sailing ships are becoming so much 
 rarer in our Mercantile Navy, one Company at least is taking a 
 midshipman class in its mail steamers in order that it may be 
 able to train up officers for itself. 
 
 The Eights of Apprentices to Instruction. — Without going 
 into the matters upon which the examinations for certificates 
 are based, we see that by the time the young sailor is in a 
 position to present himself for examination he ought to have 
 a very good practical knowledge of the management of a ship 
 and of the elements of navigation, and to have grasped some idea 
 of the responsibilities of a master in other departments than those 
 in which he is engaged in assisting him. 
 
 Necessity for Preliminary Assurance as to Power to Dis- 
 tinguish Colours.— Even before he goes to sea he ought to find 
 out whether he can pass the examination in colour, for if he 
 cannot, the time he spends in preparing for his other examina- 
 tions and in getting used to a sea life will be worse than wasted, 
 for it can only lead to the bitterest disappointment. 
 
 ,S w M% iS n PreS6nt l } m } ted t0 the trainin S colleges H.M.S. Worcester 
 round the coast™** n0t rrfer *° the ordinar y training-ships 
 
NECESSITY FOR INTELLIGENT STUDY. 3 
 
 Master bound to teach an Apprentice his Trade. — In speak- 
 ing of the qualifications for command, it may be well to remind 
 the master of a point which some masters and some owners 
 forget — namely, that part of the duty towards an apprentice is 
 " to teach him his trade." Of course the " teaching him his 
 trade " must be read in the sense of teaching him to do the work 
 of the mariner as distinguished from that of the navigator. A 
 "before the mast" apprentice has no right to be taught the 
 science of navigation. But the thorough grasp of the duties of 
 the one is a very good preparation for the acquirement of the 
 science of the other. 
 
 Necessity for Intelligent Study. — In these days of keen 
 foreign competition in the running of ships and of higher wages 
 in the forecastle no vessels carry, or can be expected to carry, 
 unnecessary hands. There is plenty of work for every one on 
 board to do, and every moment of time has to be accounted for. 
 The officers cannot have much idle time on their hands. The 
 master cannot, as one reads used to be done in the old days of 
 the East Indiamen, have a class every day for the youngsters. 
 Yet without this formal teaching a great deal can be done, and 
 every intelligent shipmaster will take an interest in teaching 
 his apprentices the rudiments of navigation and assisting them 
 in their studies. Apprentices have to pick up, or to be taught, 
 certain parts of their duty to be able to be of any use in the ship 
 at all. A very little further explanation from time to time will 
 enable them to appreciate the reason which lies at the root of 
 the practice they follow, and both the ship and the youth will 
 be better for the explanation. For every one does his work 
 better from doing it intelligently. The understanding of his 
 duty will make him, if he be of the class that gets on in the 
 world, take such an interest in it that he will, when the time 
 comes for his examinations, have little fear of the result. He 
 will know the greater part of what is required of him for the 
 second mate's certificate from his sea experience, and the rest 
 he can readily pick up from books. Nowadays every depart- 
 ment of life has its handbooks for the self-instruction of those 
 who are concerned with it. To this the sailor's profession is no 
 exception, and there is no excuse for the candidate who incurs 
 the sentence that he has learnt up what is required of him 
 " merely by rote." 
 
 A high Standard of Competition not to be demanded. — In the 
 Appendix will be found extracts from the Board of Trade 
 regulations as to the time which must have been served by the 
 candidate who presents himself for the various classes of 
 certificates, and also a resume of the subjects in which they must 
 
4 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 be qualified. Many officers are of opinion that the qualifications 
 demanded are not sufficiently high, and that if more were 
 demanded of the master before he could get his certificate there 
 would be less competition for vacant berths and a higher 
 standard of master-mariner available for the service of the ship- 
 owner. It is urged, too, that with the diminution of the number 
 of certificated men, the possession of a certificate would have a 
 greater pecuniary value to those who are fortunate enough 
 to possess one. This may be true. But those who argue thus 
 do not quite appreciate the function of the Board of Trade m 
 this regard. It has no concern to enforce the higher education 
 of ships' officers any more than it has to interfere with that of 
 any other class. All it has to do is to insure that no one 
 undertakes certain responsible duties without the capacity for 
 their proper discharge. For that reason it will not allow a man 
 to attain its certificate until he is of what it considers a, respon- 
 sible age. It will not allow him to act unless he is able to 
 distinguish red lights from green, and it insists on a certain 
 amount of experience in subsidiary capacities and under modern 
 conditions. Then it examines the man in what it considers the 
 bare essentials for the post he seeks, and when it is satisfied on 
 all these points it must stop. In the shipmaster's, as in every 
 other walk of life, the man must get employment from his 
 personal qualities and connections. Some men may get 
 commands through family connections ; others through the 
 judicious (or injudicious) investment of capital ; others again by 
 seniority in service ; and some by the fact that they have shown 
 that they have born in them the qualities of resource in 
 emergency and of management of men. But these are all 
 matters which affect the owner and the master in their private 
 relationship. The law as such cannot interfere here beyond 
 satisfying itself that the master has the minimum of knowledge 
 and experience required for safe navigation. All this is in 
 accordance with the policy of the country, which interferes as 
 little as possible with private enterprise, and so promotes 
 resource and independence. At the same time it encourages 
 voluntary study by hall-marking those who offer themselves for 
 the certificate of extra master. 
 
 Certificated Officers of Foreign Birth. — There is one point, 
 indeed, in this regard where the law may be capable of alteration 
 and amendment. There is no regulation that the candidates for 
 Board of Trade certificates must be British subjects. All the 
 regulations insist upon is that " foreigners must prove to the 
 satisfaction of the examiners that they can speak and write the 
 English language sufficiently well to perform the duties required 
 
A NATIONAL QUESTION. 5 
 
 of them on board a British vessel." Of course this provision 
 quite accords with the general intention and purpose of the 
 rules, and appears to be a sufficient guarantee that a foreigner, 
 put in a responsible position in a British ship, shall not endanger 
 life and property by ignorance of the language of that ship. But 
 it has recently been urged with some force that the foreigner, 
 through his nationality, may hazard British property in other 
 ways than by those arising out of the confusion of tongues. It 
 is said that in time of war the question of his allegiance may 
 become material ; that, if his country should be hostile to ours, 
 he might seize the ship and take her into an enemy's port. 
 The existence of such a risk under certain circumstances cannot 
 be denied. But it may be questionable whether the value of 
 this risk is not a thing to be weighed by the shipowner as one 
 of his factors in the calculation of the pros and cons of his 
 adventure, and not by such a body as the Board of Trade. 
 
 A National Question. — When persons speak of the increase of 
 foreign officers in the British Mercantile Marine as "a national 
 danger," they touch one of the many points in regard to the de- 
 fence of the country where the duties of the Admiralty and of 
 the Board of Trade seem to march together, with the result that 
 neither gives the matter, vitally important though it may be, the 
 attention which, in the opinion of some observers, it demands. 
 The subject is one to which in recent years attention has fre- 
 quently been called in Parliament. The weight of opinion is 
 at present, however, against imposing restrictions of the kind 
 suggested by certain officers of the Mercantile Marine. The 
 Board of Trade, moreover, now insists that foreigners wishing to 
 present themselves for examination for British certificates of 
 the higher grades shall have performed their qualifying service 
 with British certificates. 
 
 Withdrawal of Certificates for Offences or Misconduct. — 
 The duty which is laid upon the Board of Trade to satisfy itself 
 that the officer has the requisite minimum of knowledge and of 
 experience, also gives it the responsibility of cancelling, or sus- 
 pending, the certificate it has granted, in cases where it has been 
 found that the officer has been negligent, incapable, or unworthy 
 of his position. Such withdrawal of his certificate may befall 
 the officer in one of three ways, and each of them is preceded by 
 a judicial inquiry. If an officer have been convicted of " any 
 offence " the Board may suspend or cancel his certificate. In 
 this case, of course, the tribunal which convicted him has done 
 so upon proper evidence and upon proper consideration, and the 
 record of that court is a sufficient foundation upon which the 
 Board can base its decision as to the course it will adopt with 
 
6 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 regard to the certificate.- Then, if charges of incompetency or 
 misconduct are made against the officer, the Board has power to 
 order an inquiry to be held into the truth of the allegations. 
 Such inquiry must be held either by a Local Marine Board, or 
 by a person specially appointed for the purpose, or by a " court 
 of summary jurisdiction " ; that is, in plain parlance, by the local 
 justices of the peace. In each case the Board decides on the 
 tribunal which shall investigate the particular case in question. 
 When the report of that tribunal is made, the Board decides 
 what is to be done with the certificate. 
 
 Board of Trade Inquiries. — Then there is the case of what 
 are generally known as " Board of Trade Inquiries." These are 
 cases where an investigation has been ordered to be held to 
 ascertain the circumstances under which a British ship has been 
 cast away, or sustained material damage, or under which there 
 has been loss of life from a British ship. The Board has juris- 
 diction to order inquiries into matters of this nature if they 
 occur " at or near the coasts of the United Kingdom," or, where 
 some casualty has occurred, and " any witness is found in the 
 United Kingdom." There may also be inquiries ordered " where 
 any British ship is lost, or supposed to have been lost, and any 
 evidence is obtainable in the United Kingdom as to the circum- 
 stances under which she proceeded to sea or was last heard of." 
 
 Preliminary Inquiries. — The inquiries are of two kinds. 
 First, there is what is styled a "preliminary inquiry." This 
 may be held either by a specially appointed person, or by a 
 coastguard or customs officer stationed near the place of casualty, 
 or near the place where the witnesses are found. The person 
 who holds such a preliminary inquiry has the powers of an 
 inspector under the Merchant Shipping Act. These include 
 the power to go on board vessels for the purposes of the inquiry, 
 to order the production of material books and papers, to summon 
 witnesses, and to take evidence from them on oath. He may 
 hold his inquiry and then report to the Board of Trade whether 
 or not, in his opinion, the case is a proper one for a "formal 
 investigation," or he may arrive at the conclusion that there 
 should be a formal inquiry without going through the process of 
 a preliminary inquiry, and may report accordingly. 
 
 Formal Investigation. — Then comes the ordering of the 
 formal investigation under the Act. This may be held before a 
 "Wreck Commissioner, or before a magistrate, and, where there is 
 any question of dealing with a certificate likely to be involved, 
 there must be not less than two assessors to assist the Court. 
 Such assessors must be persons who have experience in the 
 Merchant Service. If a preliminary inquiry has been held and 
 
FORMAL INVESTIGATION. 7 
 
 a formal investigation applied for, the person who made the 
 application must also be present to assist. Due notice of the 
 investigation must be given to any officer whose conduct is likely 
 to be brought in question, so that he may have an opportunity 
 of preparing his defence, and of summoning any witnesses he 
 desires. Formerly there was a practice at these inquiries, 
 when those who appeared for the Board of Trade submitted the 
 questions to the Court, for the expression to be used that " the 
 Board of Trade are of opinion that the certificates of so-and-so, 
 and of such-and-such, should be dealt with." This is really a 
 mere formal way of stating the case, and was framed, I believe, 
 with the object of making it appear that there really might be 
 some ground for the inquiry, as far as some certificated officer 
 was concerned. But the form was not a pleasant one to British 
 notions. The Court was sure to do its duty, and take every 
 care of the rights of the officers before it. But the Board of 
 Trade was there, in a sense, as a prosecuting party, and, as a 
 Government department, it ought not to have given any colour 
 to a suggestion that its officials had made up their mind that 
 anything should be done to deprive any officer of his certificate. 
 But the form objected to is now dropped, and the list of 
 questions is submitted with the simple remark that " the Board 
 of Trade desires the opinion of the Court upon the following 
 questions." The duty of those who appear on behalf of the 
 Board of Trade is simply to bring out all the circumstances 
 within their knowledge, that are, in their opinion, in any way 
 material to the questions before the Court, whether such cir- 
 cumstances tell for or against the officers concerned, and to do 
 all that is in their power to assist the Court in arriving at a 
 just conclusion. They have no duty, and should have no desire, 
 to " press the case," as it is called, against any person. Officers 
 whose conduct is in question can, and generally do, have legal 
 assistance. At a formal investigation the Court has power — 
 provided at least one of the assessors concurs — to cancel or 
 suspend a certificate. The decision of such a Court must be 
 openly and publicly delivered, and a report of its decision must 
 be forwarded to the Board of Trade. There is also power vested 
 in the Board of Trade to order a rehearing of the case, if fresh 
 and material evidence turn up, or if it has reason to believe that 
 a miscarriage of justice has taken place. In England there is an 
 appeal from the Court of Inquiry to the High Court of Justice, 
 and in Scotland and Ireland to the corresponding Courts. 
 
 The courts of formal investigation can make any order they 
 think fit as to costs, and it will generally be found that the costs 
 of an appeal in these cases will be a very severe tax on an officer. 
 
8 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 One of the most useful, nay, I believe, the fundamental idea of 
 the Shipmasters' Societies is to enable their members to meet 
 such costs, or to appeal in case of apparent hardship from the 
 sentences of these courts. 
 
 Naval Courts.— The third event which may lead to the loss, 
 temporary or permanent, of a certificate is the finding of a Naval 
 Court of Inquiry. Such a Court may be briefly and loosely 
 defined as the foreign counterpart of the formal investigations at 
 home, though its functions have a wider scope. The same rules 
 as to appeals and costs apply to both. A Naval Court may be 
 summoned by any officer in command of a King's ship on a 
 foreign station, or, in his absence, by any Consular officer, on 
 complaint made by a master, certificated officer, or seaman of a 
 British ship, if, in the opinion of the person to whom the com- 
 plaint is made, the matter is one which appears to demand 
 immediate investigation, or where the interest of the owner of 
 the ship or cargo makes the holding of such an inquiry advisable. 
 A Naval Court of Inquiry may also be held to investigate the 
 circumstances attending the loss of any British vessel in the 
 neighbourhood, or on the arrival of shipwrecked mariners 
 wrecked out of a British ship. 
 
 The Court is to be composed of not more than five or less 
 than three members. The President is the senior naval officer 
 present, and it "is desirable that he should not be below the 
 rank of lieutenant" — to quote the words of the statute. It 
 is also desirable that, of the others, one should be a merchant- 
 captain, and another a consular officer. It must not include the 
 master of the ship to which the parties complaining, or com- 
 plained of, belong, or her consignee. This Court can administer 
 oaths and summon witnesses, and enforce the production of 
 documents. At this stage of the subject which we are consider- 
 ing, we are only concerned with its functions in respect of 
 casualties and of other matters which may jeopardise certificates. 
 These it may deal with, as well for misconduct of the officer 
 concerned, as for negligence or incapacity which has led to the 
 casting away of a vessel. It must send to the Board of Trade a 
 report of its proceedings and of its judgment, signed by the 
 President of the Court, and such a document is legally admissible 
 in evidence by the provisions of the Merchant Shipping Act. 
 It is also to be noted that the orders made by such a Court 
 should be entered in the log-book of the ship concerned, and that 
 the entry should be signed by the President of the Court. 
 
 Of course, as Naval Courts of Inquiry are held abroad or in 
 the Colonies, there are considerable practical difficulties in the 
 way of the prosecution of appeals from their decisions. These 
 
NAVAL COURTS. * 
 
 are owing to the fact that the Courts are held in distant places, 
 whereby time must inevitably elapse before a decision can be 
 reviewed, and expense must be increased by the difficulty of 
 obtaining full evidence. The period of time which it is known 
 must elapse before an appeal can be entertained also tends 
 to deter those who believe themselves to have been unjustly 
 treated from appealing, because, for one thing, men's feelings 
 soften as time goes on, and also because a reversal of sentence 
 does little practical good when the greater part of the punishment 
 has been endured, or when things have fallen into a position 
 which cannot be remedied by any reversal of sentence. 
 
( io ) 
 
 CHAPTER II. 
 
 THE CONTRACT WITH THE SHIPOWNER. 
 
 Contents.— A Contract of Service — Bonus for Freedom from Accident- 
 Captain's Investment for Engagement— Engagement Terminable on 
 Casualty — Captain may not Trade on his own Account — Distinction 
 between Master's Salary and Men's Wages— Necessity for Inquiry into 
 Power of those who offer Leave to vary Instructions — The " Custom 
 of the Trade " no Excuse — Owner's Right of Dismissal — For Drunken- 
 ness — Forfeiture of Wages — Dismissal by Naval Courts — Change of 
 Owners — Maritime Lien. 
 
 Assuming that a person has attained possession of that coveted 
 document — a master's certificate — it by no means follows that 
 he will at once get a command. There are steamship lines who 
 insist that every officer, who is likely to be called on to take a 
 watch in any of their steamers, shall be possessed of a master's 
 certificate. 
 
 A Contract of Service. — We are, however, concerned only 
 with the master who has a command. His contract with the 
 shipowner is simply one of service, though there are several 
 peculiar points about it which distinguish it from other con- 
 tracts of a similar nature. This is, indeed, hardly to be won- 
 dered at when the nature of the case is regarded. For the 
 shipmaster is engaged to take charge of many human beings, in 
 crew and in passengers. He has the control of great values in 
 ship and cargo. He has to go great distances from the place 
 where his owner resides ; he must be, for considerable periods, 
 beyond even the reach of the telegraph. He is engaged in 
 difficult business dealings on behalf of his employer with foreign 
 business men who are not slow to take advantage of any point 
 which the law of their country or the ignorance of the ship- 
 master may offer them. 
 
 Bonus for Freedom from Accident. — It is usual for a master 
 to be engaged at a monthly salary. The better class of owners 
 nowadays frequently offer a bonus, in addition to the salary, for 
 navigation without such accident as causes a claim on the under- 
 writers, for a period of twelve months. But the old practice 
 whereby the owner made an arrangement with the master for 
 the victualling of the ship is practically obsolete in many of the 
 
• master's investment fob ENGAGEMENT. II 
 
 best classes of vessels, and seems most undesirable, for it is in- 
 clined to be subversive of discipline, and it is not for the advan- 
 tage of the master that he should have such a contract, for he 
 can make nothing out of it if he feeds the men properly, and he 
 has plenty to do in the navigation and management of his ship 
 without having his attention distracted by having " to serve 
 tables." And in regard to this matter attention may be called 
 to a recent case where a master was proved to have sold spirits 
 to his crew with the result that they obtained a very excessive 
 quantity, and were wholly unfit to perform their duty. The 
 vessel and those on board of her in this case had a very lucky 
 escape from casualty, and we cannot be surprised that the 
 master's certificate was suspended for two years as a mark of 
 the authorities' disapproval of his conduct. 
 
 It is sometimes stipulated that the master is to provide his 
 own charts and instruments of navigation, including chrono- 
 meters. Here, again, the practice of the best class of shipowner 
 is to avoid leaving any part of this duty of providing the most 
 essential portion of a ship's equipment to the master. It is, of 
 course, whether they be provided at his own expense or that of 
 the owners, the duty of the master to see that the equipment in 
 this respect is sufficient. The master must also satisfy himself 
 that the charts and sailing directions carried are brought down 
 to date, and" that the compasses are properly adjusted and the 
 chronometers correctly timed. 
 
 Master's Investment for Engagement. — In the old days it 
 was usual for the master to have some interest in the results of 
 the adventure ; that is, he had a bonus on a prosperous voyage. 
 Now it is most unusual that any arrangement of this kind should 
 be made. There are, of course, many shipowners who offer 
 berths to masters who are willing to invest a certain minimum 
 sum in the vessel of which they are to take command. In cases 
 where masters make such investment to qualify themselves for 
 the command, it is most advisable for them to take care that 
 their agreement with the shipowner is of such a kind that they 
 are not liable to be dismissed in an arbitrary manner, for if they 
 are, and no provision is made in the agreement as to what is to 
 become of their investment, they may find themselves dismissed 
 from the vessel whilst their savings remain invested in her. 
 They are thus debarred from using their capital for the purpose 
 of obtaining another ship. In view of certain cases which have 
 recently come before the courts in regard to this question (see 
 p. 17), I have thought it advisable to draft a clause for insertion 
 in the agreement of masters who take commands on " investment 
 terms," 
 
12 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Engagement terminable on Casualty.— It is usual for a 
 master to be engaged either for a certain period or for a certain 
 voyage. A stipulation is often added for the purpose of ter- 
 minating his agreement in case his vessel suffers a casualty. A 
 total loss terminates the contract of itself, but minor casualties 
 may be of a very expensive kind, and owners sometimes insert 
 a clause, such as the following : " It is understood that, in case 
 of stranding, collision or shifting cargo, your engagement shall 
 be .forthwith cancelled if, after investigation, we find that the 
 casualty occurred in consequence of your negligence." 
 
 The master will, of course, read and consider carefully the 
 form of agreement which he is asked to sign. If he thinks its 
 terms are inequitable he will naturally refuse to sign it, and 
 will ask that it be amended. It is necessary to remind masters 
 to do this, because there have been cases in which men have 
 thoughtlessly put their signatures to documents which have 
 placed them so completely at the mercy of their employers that 
 it is possible that they might, if opportunity had been given 
 them, have obtained legal relief from the terms of their bargain. 
 But it is much easier and cheaper to avoid signing than to get 
 relief from the consequences of executing a formal contract. 
 
 Master may not Trade on his own Account, — The master 
 is understood to promise to give his whole time and attention 
 to the work of looking after and navigating the vessel and of 
 attending to the shipowner's interests. He is not supposed to 
 trade on his own account. Oases have occurred where a very 
 small infringement of this rule has, unintentionally, caused the 
 ship very heavy loss, and this has naturally, in the result, fallen 
 upon the master. In the old times he had space in the ship 
 which he could use to his own advantage, but that is gone 
 for ever. The master was also entitled to "primage" and 
 " average." But, nowadays, it is generally arranged that his 
 salary includes everything payable to him, except the bonus for 
 freedom from accident, where one is given. Even the right to 
 let his cabin to passengers, a mode whereby the commanders 
 of Atlantic liners used to make very considerable parts of their 
 incomes, has in most cases been taken away and otherwise 
 arranged for. 
 
 Distinction between Master's Salary and Men's Wages.— 
 The master's salary is, in many respects, on a different footing 
 from the men's wages. Under the old law " freight " was said 
 to be " the mother of wages," and upon the freight therefore 
 the men's wages depended. But the master's emoluments were 
 not subject to this contingency. Again, the master is per- 
 mitted to insure his salary and any commissions to which he may 
 
"NOT TRADING ON HIS OWN ACCOUNT." 1 3 
 
 become entitled. The seaman is expressly barred by law from 
 making such an insurance. The master, however, is personally 
 responsible to the sailor for the payment of his wages. Master 
 and seaman alike have a personal claim against the owner for 
 wages, and they also have what is called a maritime lien* on 
 the ship herself for their wages, including, in the case of the 
 master, any money that may be due to him for disbursements 
 on ship's account. The master of a home-trade ship is not 
 entitled, like his crew, to double pay for the time in excess of 
 two days after the termination of the agreement, during which 
 the pay agreed upon may be unpaid without reasonable excuse, f 
 
 What is meant by " not Trading on his own Account." — 
 I have said that the master may not trade upon his own account. 
 It may be well, perhaps, to emphasise this rule by a little detail, 
 for not only may the master not use space in the ship he com- 
 mands for the purposes of private trade, but he may not even 
 trade outside his own ship during the continuance of his employ- 
 ment. One of the old cases upon which this proposition is 
 founded is, it is true, based on a set of facts such as seldom 
 occur at the present time, for in that case the master was part 
 owner and was empowered for the benefit of the adventure to 
 trade locally in the East, and, if a good price offered, even to 
 sell the ship. This he, in fact, eventually did. It was sug- 
 gested, on behalf of his co-owners, that the trading in which 
 he was concerned, as he alleged on his own account, was really 
 carried on with partnership money, and the Court was not 
 altogether satisfied with his explanations. Of course it could 
 never be supposed by any one that a master could employ his 
 owner's money for purposes of his private trade. But a 
 famous Master of the Rolls (Lord Langdale), before whom this 
 particular case was tried, laid down a general proposition " that 
 the master of a ship is an agent, bound to give all his time and 
 attention to his principal," and this proposition is good enough 
 for modern business conditions. 
 
 Necessity for Inquiry into Powers of those who offer Leave 
 to vary Instructions. — Lord Langdale went on to give a hint 
 which may well be borne in mind by all shipmasters, for they 
 seem, as a class, to be too apt to take any licence that may be 
 given them by any one, as extending their power in the direction 
 to which it claims to apply, without inquiring in their own minds 
 how far such licence may be properly given by such persons, 
 and how far it will cover them in regard to their duties to other 
 
 * This question of Maritime Lien is more fully discussed at page 18. 
 + See Merchant Shipping Act, 1854, sec. 187, re-enacted by the Con- 
 solidation Act of 1894, sec. 135. 
 
14 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 persons for whom they are acting. Here Lord Langdale speci- 
 fically notices the point that leave given by the charterers to 
 the master to trade for himself would not justify him in doing 
 so, for his trading on his own account would be a" breach of his 
 duty to his owners, and of course the charterers could not absolve 
 him from his duty to his ultimate employers. Hence, if a 
 master does make any profit out of a mercantile transaction 
 of this or any other kind, or from his personal services to others, 
 during his engagement, the owners may claim it from him for 
 themselves. 
 
 The Custom of the Trade no Excuse. — Moreover, no allega- 
 tions as to the customs of certain trades, if put forward as justify- 
 ing breaches of this rule, will be listened to by the courts. But 
 the master's right to his share of salvage award for services 
 rendered to vessels in distress, being an award by the operation 
 of the law itself, is, of course, retainable by him. 
 
 A master may not pocket a premium on a bill of exchange 
 drawn by him for ship's use, nor may he take commissions, secret 
 or otherwise, from persons with whom he has dealings on ship's, 
 or owner's account.* 
 
 Owner's Eight of Dismissal. — The question of the owner's 
 right of dismissal is a very important one in these days. And 
 on this it is first to be noted what constitute good grounds for 
 dismissal. It must also be noted that there are occasions when 
 not only will a master become liable to be dismissed, but he may 
 also become liable to forfeiture of his wages, either partially or 
 entirely. 
 
 The law on this point is most clearly expressed by Dr. Lush- 
 ington in the case of the Thomas Worthington. From that judg- 
 ment I shall immediately quote very largely in support of the 
 general proposition which I am about to formulate. 
 
 It is obvious that, in view of his duty to preserve the lives 
 and property entrusted to him, the master's responsibilities are 
 heavy indeed. Yet he cannot be expected to be otherwise than 
 
 W J ^J?** 1 ? P ro P° sitio11 of law . though well established, must be 
 Idmiraln S° *™ * ^^ ^ oiaion ° f a Divisional Court of tbe 
 bv TZ llSl IZ , • 6 ° a f - WaS that of The P'rkdale. It was a claim 
 by the captain for certain gratuities which had been given him by shinoers 
 
 fieT^vZ^tllT^ T maUd f- The Court he ^ "tat ^su^h gS 
 
 duty to the Uppers, artlku^^"^^^^^ ^ 
 fore, gave judgment in favour of the captain. Ihe Court ' there " 
 
FORFEITURE OF WAGES. IS 
 
 an ordinary human being, and as such to be subject to the ordi- 
 nary failings and weaknesses of shore-staying mortals. By his 
 contract with the shipowner the master warrants himself to be fit 
 to undertake his duties and promises to be punctual in carrying 
 them out throughout his engagement. He thus warrants himself 
 to be a skilful navigator, to understand thoroughly his duties as 
 regards ship, cargo, passengers, and crew, both afloat and ashore. 
 He professes to have full knowledge of the business requirements 
 of his position, both at home and abroad. He undertakes to be 
 honest, sober, diligent, tactful, and at all times alert, and ready 
 for emergencies. If he fail in any of these points he does not 
 fulfil the warranty he has given, and, strictly speaking, he be- 
 comes liable to dismissal. But, in point of fact, this is a counsel 
 of perfection, and it would be absurd to expect such a combina- 
 tion of the wisdom of the serpent and of the harmlessness of the 
 dove (with a dash of the qualities of the lion and the watchdog) 
 from a sailor or from anybody else. So that we may take it that 
 a reasonable latitude in fulfilling this guarantee is allowed the 
 shipmaster. He must be reasonably competent. He must not 
 be slothful nor habitually drunken, nor careless of his employer's 
 interests, and, whatever he does, he must do with absolutely 
 bona fides, and with the interests of those whom he represents 
 at heart. 
 
 For Drunkenness. — Then it was held, as recently as 1862, by 
 Dr. Lushington, a great Admiralty authority, that " occasional 
 drunkenness, whether on the part of a seaman or master, does 
 not work forfeiture of wages." But he went on to say that 
 " constant drunkenness and a non-performance of duty in con- 
 sequence," may do so. It is, however, to be remarked that the 
 tendency of the times is towards expecting more from, and 
 giving less to, the master. In all classes of society, too, drunken- 
 ness, then looked upon perhaps too lightly, is now regarded much 
 more sternly. Thus the need for absolute sobriety at sea cannot 
 be too strongly urged upon shipmasters. 
 
 Forfeiture of Wages. — In the cases just alluded to, it was 
 also laid down that forfeiture of wages cannot be claimed when a 
 captain has been " guilty of a mere error of judgment ; such, for 
 example, as not leaving port as soon as he might have done." 
 
 There was a case in the Admiralty Court nearly fifty years 
 ago, also tried before Dr. Lushington, which gives us some very 
 valuable light on the point we are now studying, and I shall 
 venture to quote from his judgment at some length. The case 
 is that of the Thomas Worthington. The points of the contract 
 between master and owner in this regard are very clearly put. 
 The learned judge laid it down that the master undertakes that 
 
1 6 THE LEGAL DUTIES OF SHIPMASTEES. 
 
 he shall do his duty as master of the vessel, and upon that con- 
 sideration be paid a remuneration in certain wages and emolu- 
 ments. " How, then, can the master establish a claim under 
 such a contract, unless he fulfils his -own part of the obligation? 
 The principle applies not merely to contracts between masters and 
 owners, and between owners and mariners, but it pervades all 
 other contracts of service and hiring. And the only difference 
 between this Court (that of Admiralty) and other courts of law 
 in adjudicating upon such contracts, is that, in this Court, under 
 ordinary circumstances, when any loss has been sustained through 
 the negligence or misconduct of the mariner, the amount of the 
 loss is alone deducted from the wages of such mariner, whereas 
 in other courts no wages would be recoverable at all. Cases may 
 indeed occur, even in this Court, where the misconduct may be of 
 so gross a description that, independent of any actual loss sus- 
 tained by the owners, the entire forfeiture of wages would 
 ensue." He then proceeds to instance, as cases of such "gross 
 misconduct," the "attempt to commit barratry," "gross incapa- 
 city," and " constant drunkenness." But, he went on, " nothing 
 more can be required of a master than the honest exercise of his 
 own discretion, according to the degree of ability and experience 
 in business which a master may fairly be supposed to possess." 
 And a distinct inclination is shown to the opinion that a mere 
 error on the part of the master, not tainted with any guilty or 
 corrupt motives, should not work a forfeiture of his whole wages. 
 Then as to the disobedience to orders, in the same case, we are 
 told that it is unquestionable that there may be instructions so 
 precise and positive, that if the master wilfully disobeyed them, 
 though no evil consequences might arise, yet his disobedience 
 would entail the entire forfeiture of his wages. 
 
 We may, by an examination of the cases which have been before 
 the courts, arrive at the conclusion that mere want of business 
 knowledge, or a disposition to take things too much for granted, 
 or what may be called stupidity, will not involve the forfeiture 
 of wages, even though it may cause pecuniary loss to the owners. 
 
 The courts will allow deduction from wages due to masters 
 and mates in cases where, owing to their negligence, the owners 
 have had to pay for short delivery of cargo, and in suits by the 
 officers for wages, counterclaims by the owners on account of 
 such losses will be considered. 
 
 Of course, there may be occasions where a right to dismiss a 
 master accrues to the owner, and yet where the cause, whence 
 this right arises, is one which may not justify forfeiture of 
 wages, entire or partial. For example, a master may have 
 proved himself a trustworthy and competent person for a con- 
 
DISMISSAL BY NAVAL COURTS. 17 
 
 siderable time, and then before the close of his engagement 
 he may fall away. Under those circumstances it would be hard 
 indeed if he were to forfeit by a short period of incapacity the 
 wages which he had really earned by the proper fulfilment of his 
 duty during a considerable period. 
 
 I have already referred (p. 11) to the principle of the case of 
 Watson v. Petersen, Tate <$r Co. There Mr. Justice Barnes laid 
 it down that in the absence of any special clause in the agree- 
 ment, and of any special incapacity or wrongdoing on his part, 
 the master was entitled to reasonable notice on dismissal. What 
 " reasonable " notice would be, depended, he said, on the circum- 
 stances of each particular case. The distance which the vessel 
 might be from home would be a factor in the decision. In that 
 case the master was dismissed at Montreal. The Court held 
 that he was entitled to four months' salary in lieu of notice. 
 He is, also, if wrongfully dismissed in a foreign port, entitled to 
 his passage home and maintenance meanwhile. If he be 
 wrongfully dismissed when engaged for a round voyage he is 
 entitled to his wages till he gets other employment, or till the 
 period limited by his contract is expired. 
 
 Dismissal by Naval Courts. — In the first chapter we spoke of 
 the constitution of Naval Courts. There we were discussing 
 their power to deal with certificates. But they are also em 
 powered, in cases where a complaint gives them a locus standi, to 
 dismiss and replace the master. But to do this the Court must 
 be unanimously of opinion that the safety of the ship or of her 
 crew, or the interest of the owner, absolutely requires so im- 
 portant a step to be taken. The Court also has power to deal 
 with offences alleged to have been committed by the master, or 
 crew, which, under the Merchant Shipping Act, would be triable 
 before two Justices of the Peace summarily. The orders of 
 these Naval Courts must be entered in the ship's log. 
 
 If the master die, or desert the ship, the chief mate naturally 
 succeeds to the position, at least temporarily. But there have 
 been cases where the first mate has not been qualified to assume, 
 or has been incapable of assuming, the position, and in such 
 cases a British Consul has been supported in his action when he 
 has appointed a proper person to take the command. 
 
 Change of Owners. — Supposing there is a change in the 
 ownership of the vessel, the master's authority is thereby deter- 
 mined, as soon as he receives notice of the change. But till he 
 receive such notice, he is covered by his original mandate. And, 
 of course, if he be superseded he still has claims on his contract 
 with those who appointed him to his position if he be superseded 
 before his time is up. 
 
 B 
 
1 8 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Maritime Lien. — It remains to consider the question of the 
 Master's Maritime Lien. This is one of the safeguards with 
 which he is provided by the Legislature, so that he may not lose 
 by his action on behalf of the ship. The history and origin of 
 this right are quite outside the scope of a work of this kind. It 
 will be sufficient for our purpose for us to realise that the master 
 can, like any other employ^, sue the person who engaged him, for 
 his salary. But he has an additional and peculiar remedy. He 
 has a claim against the ship. And this he can prosecute after he 
 has left her, provided he does not lose his right against the res 
 (or the thing in respect of which he has expended his time and 
 labour) by his delay or neglect to prosecute his claim in due 
 course, to the prejudice of others. Nor will the fact that the 
 ship has changed hands by process of sale, or been taken pos- 
 session of by a mortgagee, bar his right to be reimbursed. 
 
 This right is given not only to the master appointed by the 
 owner of the ship, but also to any person who properly exercises 
 the duty of master (as, for example, a substitute appointed by a 
 Naval Court abroad), and also to the officers and crew of the 
 vessel. It covers not only wages, but also any proper out-of- 
 pocket expenditure made on account of the vessel, and extends 
 to any proper liability incurred on her account. It is, perhaps, 
 needless to say that it does not apply to reckless or improper 
 expenditure ; for here, as in every other capacity, the master has 
 to act as a prudent man would do in his own affairs, when 
 he undertakes to act on behalf of the shipowner. Before, then, 
 he can make use of his maritime lien, he has to justify his 
 claim and show that the expenditure was necessary, or that it 
 was such as either actually benefited the adventure, or, at the 
 time it was made, seemed to be reasonably likely to do so, and, 
 under these circumstances, that it was a proper case for such 
 expenditure to be made by him. 
 
( 19 ) 
 
 CHAPTEE III. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW. 
 
 (A) Engagement. 
 
 Contents. — Engagement — Agreements — Home-trade Agreements — 
 Agreements with Crews of Foreign-going Ships — Running Agreements 
 — Agreements with Lascars — Engagement of Seamen Abroad — 
 General Points of Engagement. 
 
 Engagement. — Having got a ship, the master must proceed to 
 get a crew. 
 
 Here he begins to find in how many details the anxiety of 
 the Government is displayed towards providing for the good of 
 those who go down to the sea in ships. 
 
 The law is now very precise on the point of engagement of 
 seamen, as it desires to protect them and their earnings from the 
 rapacity of the hangers-on who prey upon them. Accordingly 
 there are penalties for persons who supply seamen without a 
 licence, and for persons who take seamen from such unlicensed 
 persons, and for those who receive remuneration, save as by the 
 Merchant Shipping Act provided, from men who have obtained, 
 or seek to obtain, employment. 
 
 Agreements. — A penalty is now imposed upon masters who 
 take seamen to sea without proper agreements.* And this rule 
 applies to the case of all ships except home-trade vessels of less 
 than eighty tons register. It is, therefore, very important to 
 know the forms of which the Board of Trade approves. 
 
 The Merchant Shipping Act of 1894 enacts that the agree- 
 ment shall contain the following particulars : — 
 
 (a) Either the nature, and as far as practicable, the duration 
 of the intended voyage or engagement, or the maximum 
 period of the voyage or engagement, and the places or 
 parts of the world, if any, to which the voyage or engage- 
 ment is not to extend ; 
 
 * It has, however, been decided that the non-execution of an agreement 
 does not bar the seaman's right to claim wages for work actually done in 
 contemplation of a voyage, which, in fact, never took place. 
 
20 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 (J) The number and description of the crew, specifying how 
 
 many are engaged as sailors ; 
 (c)* The time at which each seaman is to be on board or to 
 
 begin work ; 
 
 (d) The capacity in which each seaman is to serve ; 
 
 (e) The amount of wages which each seaman is to receive ; 
 (/) A scale of the provisions which are to be furnished to each 
 
 seaman ; 
 (g) Any regulations as to conduct on board, and as to fines, 
 short allowance of provisions, or other lawful punishment 
 for misconduct, which have been approved by the Board 
 of Trade as regulations proper to be adopted, and which 
 the parties agree to adopt. 
 Before any of the men sign the agreement it must be dated, 
 and the signature of the master must be affixed to it. No stamp 
 is needed. A copy of the agreement — complete save as to the 
 signatures — must be posted up in some part of the ship accessible 
 to the crew, or the master becomes liable to a penalty. 
 
 The delivering of a false agreement, or the altering of a 
 genuine agreement, is a misdemeanor, and both those who are 
 guilty of the actual alteration and those who are accessory to the 
 act are punishable accordingly. Any alteration which has to be 
 made must be made with the consent of all parties to the 
 agreement, and a superintendent, justice of the peace, customs 
 officer, or other public functionary at home, or a British consular 
 officer abroad, must attest to such consent or the alteration is 
 inoperative. For the purposes of this provision, two respectable 
 British merchants may make the attestation in places abroad 
 where there is no British consular officer. 
 
 The agreement is legal evidence for the seaman in any 
 proceeding, even though he may not produce the original or a 
 copy, or have given notice to the other side to do so. 
 
 The wording t of the section of the Merchant Shipping Act 
 upon which this right of the seaman rests is peculiar, and it is 
 difficult to see how far it goes and what is its exact meaning. 
 The intention is obvious and just. The seaman has no means 
 of getting a proper copy of the agreement, except at some 
 
 * Clause (c) does not prevent a seaman, who has done work before the 
 time specified in the articles, being paid for such work on proper proof of 
 his having done so. 
 
 t The words of this section (the 123rd) are: " In any legal, or other, 
 proceeding a seaman may bring forward evidence to prove the contents of 
 any agreement with the crew, or otherwise, to support his case, without 
 producing, or giving notice to produce, the agreement or any copy 
 thereof." This is practically a re-enactment of the 165th section of the 
 Act of 1854. 
 
HOME-TRADE AGREEMENTS. 21 
 
 expense, and that only when he is suing in or near the port 
 where it was executed. He has no copy of it delivered to him 
 at the time of execution. So in the ordinary course of law he 
 would be debarred from using it as evidence, unless he could 
 make the other side produce it. This provision shifts the onus 
 of production from him to his opponents. He can give verbal 
 evidence of the contents of this written document, and his 
 version of what it contains can only be upset by the production 
 of the original, or a properly certified copy. As far as reference 
 to the agreement with the crew in disputes between the master 
 or owners goes, this provision is a very admirable one. But it 
 would seem that the words of the section would give the sailor 
 a right to rely on this provision in disputes with others who 
 might be in no better position than he to get hold of documents, 
 and that it might apply to other classes of writings besides those 
 under our present contemplation. 
 
 There are further special rules as to agreements for men to 
 be employed in home-trade ships, in foreign-going ships, and for 
 the employment of Lascars. 
 
 Home-trade Agreements. — Agreements may be made in 
 respect of service in more than one ship in the home trade, pro- 
 vided they are owned by the same owners, and that their names 
 and the nature of the services to be performed are specified in 
 the agreement. 
 
 If home-trade engagements are not made before the super- 
 intendent, as those in the case of foreign-going ships must be, 
 the master must, if practicable, before the ship puts to sea, and 
 if not so practicable, as soon after she puts to sea as possible, 
 read over the agreement or cause it to be read over and 
 explained to each seaman, who must thereupon sign it. This 
 signature must take place in the presence of a witness, and the 
 witness must also sign his name in attestation of the signature. 
 Where the agreement is made for service in two or more ships, 
 the owner may make it in substitution of the master. 
 
 Agreements for ships of more than eighty tons burden in the 
 home trade do not 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 King- 
 dom after that date, or the discharge of cargo consequent on 
 that arrival. But this enactment does not prohibit the owner 
 or his agent for making time agreements with individual 
 seamen to serve in one or more of his ships. Agreements of 
 this latter kind must be made in the form sanctioned by the 
 Board of Trade, and duplicates of them must be sent, within 
 forty-eight hours of their execution, to the Registrar-General 
 
22 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 of Shipping. If these requirements are fulfilled, the agreement 
 need not expire at the end of the half-year. 
 
 The master, or owner of a home-trade ship of over eighty 
 tons, must, within three weeks of the last day of the half-year, 
 deliver or transmit to a superintendent in the United Kingdom 
 every agreement with the crew made for the ship within the 
 half-year just expired. 
 
 Agreements with Crews of Foreign-going Ships. — These 
 agreements — save in cases about to be mentioned — must be 
 made in the presence of superintendents, and upon such an 
 official rests the duty of satisfying himself, either by reading it 
 over to the men, or otherwise, that the seaman understands its 
 contents before he signs it. 
 
 The master must obtain from the superintendent a certificate 
 that the agreement has been properly executed, and this he must 
 produce to the customs officer before the ship can be allowed to 
 put to sea. So, too, when he arrives at his final port of destina- 
 tion in the United Kingdom at the end of the voyage, the 
 master must, within forty-eight hours, deliver to the superin- 
 tendent the ship's agreement, and obtain a certificate of such 
 delivery from him. The non-delivery of the agreement subjects 
 the master to a penalty, and without the certificate of such 
 delivery the customs officer will not clear the ship inwards. 
 
 When the crew is first engaged, the agreement is signed in 
 duplicate and the superintendent retains one part. The master 
 takes the other. The master's part has a special place or form 
 for the descriptions and signatures of substitutes or persons 
 engaged subsequently to the first departure of the ship. 
 
 "Where a substitute is engaged to take the plaee of a seaman 
 who " signed on," and whose services are lost to the ship within 
 twenty-four hours of her putting to sea, through some cause un- 
 foreseen (by the master at least), it is required that the engage- 
 ment of the substitute shall, if practicable, be made before the 
 superintendent. But if that be not practicable, the master 
 must sign him on, if possible, before the ship puts to sea. 
 Failing that, he must do so at the earliest possible time. And 
 when he does so, he must take care to have the contents of the 
 agreement made clear to the man, who thereupon must sign in 
 the presence of a witness, who must attest the signature. 
 Moreover, if any changes in, or additions to, his crew take 
 place before his vessel finally leave the United Kingdom, notice 
 and details of such matters must be sent to the superintendent 
 before whom the crew were "signed on," on a proper form 
 approved for the purpose by the Board of Trade. 
 
 Running Agreements. — Foreign-trade agreements are of two 
 
AGREEMENTS WITH LASCARS. 23 
 
 kinds. There are the ordinary ones and " running agreements." 
 The latter may extend to two or more voyages, where the 
 average length of the voyage is less than six months. 
 
 Running agreements are somewhat in the same position as 
 the agreements to serve in one or more ships in the home trade. 
 For it is enacted that they shall not extend beyond the " half- 
 year day," or " the first arrival of the ship at her port of desti- 
 nation in the United Kingdom after that date, or the discharge 
 of cargo consequent on that arrival." 
 
 The duplicate running agreement, which is retained by the 
 superintendent when the crew is first engaged, may be either 
 sent to the Registrar-General of Shipping at once, or kept 
 by the superintendent till it expires. This is a matter for the 
 Board of Trade to decide, and it is a point which could only 
 affect the shipmaster if he should ever, after the loss of other 
 copies, wish to refer to the duplicate. 
 
 When the ship returns to the United Kingdom before the 
 termination of her running agreement (as one might say, on 
 " intermediate visits "), the master has to endorse the agreement. 
 This endorsement is to the effect either that no engagements or 
 discharges have been made during the time the vessel has been 
 away, and that none are intended to be made whilst she is 
 home, or else the master has to certify by the endorsement that 
 those which have taken place have been done as the law re- 
 quires. His failure to do this renders him liable to a penalty, 
 and it also tends to delay the ship ; for he must get the certifi- 
 cate of the superintendent that he has fulfilled these legal 
 requirements before the customs officer will clear his ship for 
 sea. 
 
 Agreements with Lascars. — If care be taken of the British 
 subject in his engagements of service at sea, there is even a 
 greater degree of caution displayed in the legislative restrictions 
 upon those who take into their employment Lascars, or " any 
 native of India." 
 
 Those who were responsible for the framing of the Merchant 
 Shipping Acts were justified in their caution, for if jack is 
 childish at times, the native of India is not only subject to a 
 sailor's weaknesses and prejudices, but he is also dealing with 
 those who, in language, race and habits of thought and religion, 
 are quite foreign to him. He needs all the care that can be 
 given him without crippling his power of making a living in 
 competition with other seafarers. 
 
 His agreement must be made in such form as the Governor- 
 General of India or the Governors of the several Provinces shall 
 direct. He, moreover, can only be shipped on certain voyages 
 
24 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 namely, from India to the United Kingdom in the one case, or 
 to one of the Australian colonies in the other. 
 
 If he come to the United Kingdom he must undertake to 
 re-ship there on any vessel which may be bound to any port in 
 British India. If he go to one of the Australian colonies he 
 may either bind himself to go thence to a port in the United 
 Kingdom, or to another colony. Having arrived under such a 
 contract at a British or Colonial port, the further agreement 
 which he has undertaken to enter into must be such as meets 
 with the approval either of the Secretary of State for India in 
 Council or of a Colonial Governor. Such further agreement 
 must meet with approval as being a proper one for the man to 
 make, it must relate to a suitable ship suitably found with pro- 
 visions, and there must be no reason, apparent to the official, 
 why the full performance of the original contract should not be 
 made. Then the Lascar is deemed to be one of the crew to 
 which such ship's agreement relates, and his personal acceptance 
 or refusal of the contract so tendered to him seems to be abso- 
 lutely immaterial. 
 
 As a further provision for the benefit of the Lascar there is 
 a duty laid upon the master of every vessel arriving in the 
 United Kingdom, which vessel has during any period of her 
 voyage had any native of India on board, to make out a list 
 of such natives who are, or have been, on board, and this list 
 must show what has become of any who may have ceased to 
 be in the ship. This list must be shown to the customs officer 
 or other official appointed by the Board of Trade. Non-com- 
 pliance with this provision means delay to the ship through a 
 refusal of her entry, and a penalty upon the offending master, 
 and, jointly and severally with him, upon the owner. 
 
 For the protection of the ratepayer there is a provision 
 fixing on the shipmaster and shipowner liability for the main- 
 tenance and return of destitute natives. This provision is a 
 very old one, and the Consolidation Acts have not interfered 
 with it. 
 
 Engagement of Seamen Abroad. — Lastly, we have the case 
 of British ships engaging seamen outside the British possession 
 in which they are registered. Here the engagement must be 
 made with the formalities enjoined in respect of the engagement 
 at home, except that, at colonial ports, where there may be no 
 superintendent, the presence of a customs officer may be sub- 
 stituted, and in foreign ports a British consular officer must 
 undertake the duty. The officer so present has to attest that 
 the proper observance of the legal requirements in respect of 
 the engagement were duly fulfilled. If he be a British consular 
 
GENERAL POINTS ON ENGAGEMENT. 2$ 
 
 officer he must add that the engagement has his sanction. 
 Failure to comply with this duty involves a penalty, and has 
 the further disadvantage of throwing the burden of proof that 
 all was rightly done upon the master. 
 
 General Points on Engagement. — There are two or three 
 points to be regarded generally, in relation to the engagement 
 of seamen. First of all as to rating. A man is not legally 
 entitled to be rated as an A.B. unless he can prove service of 
 at least four years at sea * before the mast. And service in 
 fishing vessels does not count necessarily in full or at all. 
 Service in registered and decked fishing vessels counts up to 
 three years of such service, but no more. Thus it is provided 
 that no man can be rated as an A.B. unless, however long his 
 fishing experience, he has served at least twelve months in a 
 trading vessel. And such service must be proved by proper 
 documentary evidence. 
 
 There are special provisions as to agreements to serve in 
 fishing vessels, but I think it advisable, in view of the scope 
 of this little volume, to leave this matter on one side. 
 
 In steamships it is often advisable to insert in the articles a 
 clause that seamen and firemen shall mutually assist one another 
 in their duties when required to do so. 
 
 Another important clause of a similar character is that which 
 makes it part of the contract that the crew shall clear out their 
 effects and thoroughly clean their quarters before leaving the 
 vessel. This latter clause can only be, in fairness, inserted in the 
 articles when the crew find their quarters in proper condition 
 when they join the ship. 
 
 The description of the voyage in the articles must be one 
 from which the seaman can gather some reasonable idea as to 
 its character and probable duration. The words " or elsewhere," 
 for example, are held to have no meaning because of their 
 vagueness. 
 
 The seaman, of course, has an implied guarantee that what 
 he is asked to do is legal, and that the vessel is seaworthy. 
 
 The articles bind him absolutely as to the rate of wages 
 which he is to receive. They do not, of course, prevent him 
 taking a higher position in the ship during the voyage if such 
 position become vacant by loss of the former occupant. In the 
 
 * The words of the section (126, sub-section 2) of the Merchant Shipping 
 Act, 1894, are : " The service may be proved by certificates of discharge, 
 by a certificate of service from the Registrar-General of Shipping and 
 Seamen (granted by the Registrar on payment of a fee not exceeding six- 
 pence), specifying in each case whether the service was rendered in whole 
 or in part in steamship, or sailing ship, or by other satisfactory proof." 
 
26 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 event of such promotion there would be no reason why the 
 person promoted should not have such wages, for the time he 
 held the higher position, as would have been paid to its former 
 holder. The object of the rule as to non-payment of increased 
 pay is to prevent a man making use of difficulty or emergency 
 to exact a higher wage. He undertook by signing the articles 
 to do his best for the adventure, and even if things turn out 
 badly, he has no right to expect more money for work which he 
 has undertaken to do to the best of his ability. 
 
 But it is possible for a fresh contract to be made whereby a 
 man takes a higher rate of wages in substitution for his original 
 contract, circumstances having altered since the original agree- 
 ment was made. Or, if a man did something outside the scope 
 of his duty, he would be entitled to extra payment therefor, 
 and so a subsequent arrangement providing for such extra pay 
 for such extra work would be upheld by the courts. 
 
( 2 7 ) 
 
 CHAPTER IV. 
 
 THE MASTER'S DUTY IN RESPECT OF THE GREW— {continued). 
 
 (B) Appbentices. 
 
 Contents. — Indentures of Apprentices — Official Notices of Cancellation 
 of Indentures — Apprentices under the Merchant Shipping Acts — 
 Rights of Apprentices. 
 
 Apprentices. — The subject of apprentices had better be treated 
 separately from that of seamen, though in a way the subject 
 forms part of what was under our consideration in the last 
 chapter. 
 
 The law on this point is not altogether in a satisfactory con- 
 dition as far as it affects public ends, though these things do not 
 professionally concern the shipmaster. 
 
 Indentures. — All indentures of apprenticeship to the sea 
 service must be executed in duplicate. They need no stamp. 
 Both copies must, within seven days of execution, be sent by 
 the " master " * either to a superintendent, or to the Registrar- 
 General of Seamen. This official files one copy and endorses the 
 other, with a note to the effect that the duplicate has been so 
 recorded, and then gives it back to the person who sent it to him. 
 
 Official Notices of Cancellation of Indentures. — So in case of 
 the death or desertion of the apprentice or of the assignment or 
 cancellation of the articles, notice must be sent to one of these 
 officials to be recorded. Such notice must, if the circumstance 
 to be notified occurs within the United Kingdom, be sent in 
 within seven days. If abroad, it must be lodged at the first 
 practicable opportunity. There is a penalty for failure to give 
 such notices. 
 
 Apprentices under the Merchant Shipping Acts. — The 
 Merchant Shipping Acts contain certain provisions — of a very 
 salutary kind — to enable Poor Law Guardians and others to 
 apprentice poor boys to the sea at the public expense. With 
 these provisions the shipmaster has nothing to do. His duty 
 
 * The word "master" in this connection is used for the phrase "the 
 person to whom the apprentice is bound." He need not necessarily be a 
 "master" in the sense of being in possession of a master's certificate. 
 
28 THE LEGAL DUTIES OP SHIPMASTERS. 
 
 is to take the apprentice if he appears to be a suitable boy and 
 things seem in order, not to inquire into the social status of the 
 future seaman, nor, so long as he has no reason to consider that 
 the money was dishonestly come by, to ask who provides the 
 funds out of which the premium is paid. 
 
 A step in the direction of providing means whereby British 
 boys, who are not paupers, should be given facilities for joining 
 our Mercantile Marine was made under the provisions of the 
 Act of 1898. This statute was primarily passed to deal with the 
 question of the light dues. But under one of its sections a 
 shipowner who carries boys between the ages of fifteen and 
 nineteen, in accordance with the rules laid down by the Board 
 of Trade in this connection, may obtain a refund of part of the 
 moneys he has paid for light dues. The section in question, 
 however, will not, unless re-enacted, remain in force beyond the 
 last day of March 1905, and to enable the shipowner to demand 
 this concession, any boys in respect of whose employment such 
 a return is claimed, must have enrolled themselves in the Royal 
 Naval Reserve and have entered into an obligation with the 
 Admiralty to serve in the Royal Navy if and when called upon 
 to do so. 
 
 When the crew are signed on before the superintendent, 
 the master must produce the original indenture of each of his 
 apprentices, the assignments of such indentures, if any ; the 
 names of such apprentices, and the dates of their indentures 
 and of these assignments, and the names of the ports at which 
 they have been registered must be entered on the articles, and 
 thereby the articles, so far as their terms are not incompatible, 
 may be considered to be, for the period of the voyage, incor- 
 porated with them. 
 
 The penalties for the supplying of a seaman without a licence 
 to do so, or for receiving a seaman from an unlicensed person, 
 also apply to the case of apprentices. So do the provisions pro- 
 hibiting the receipt of an improper reward for obtaining a berth. 
 
 Bights of Apprentices. — An apprentice has the same rights 
 as a seaman in regard to food, as to having a seaworthy ship to 
 serve in, and as to the recovery of wages and such matters. He 
 has also the additional right to be taught his trade. Like the 
 seaman, the apprentice has a maritime lien for his wages. But 
 this does not extend to the recovery of any penalty under the 
 indenture due upon the breach of the agreement between him 
 and the person to whom he is bound. 
 
 In other matters, save where specially mentioned, the rights 
 of, and duties to, apprentices are the same as those in the case 
 of the seamen. 
 
( 2 9 ) 
 
 CHAPTER V. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW— (continued). 
 
 (C) Discipline. 
 
 Contents. — Discipline — General Observations — Drunkenness or Neglect 
 in Master or Seaman — Punishment for Desertion — Kindred Offences 
 not amounting to Desertion — General Offences against Discipline — 
 False Statements — Stowaways and those on Board by legal Order — 
 Penalties on Outsiders for assisting or encouraging Offenders — Appre- 
 hension of Deserters in the United Kingdom — Abroad — Offences must 
 be Logged— What does not amount to Desertion — The Right to For- 
 feiture of Wages may be Lost — Criminal Offences by Passengers or 
 Crew — Duty to the Public demands Prosecution of Offenders. 
 
 Discipline. General Observations. — The subject of discipline is 
 very near akin to that of the engagement, for in some sort the 
 right and duty of the master to maintain discipline in his ship 
 are founded upon the contract of engagement. The question 
 is nowadays one of peculiar difficulty, owing to the fact that 
 masters feel that they have little assistance afforded them by 
 the authorities in dealing with their men, whilst they say — and 
 with much truth — that the spread of a certain kind of education 
 and the combinations of seamen daily make their position more 
 difficult in this regard. 
 
 It would seem that here the best general advice which could 
 be given would be summed up in the expression that " he who 
 would command others must first learn obedience himself," 
 especially if in obedience we include self-restraint. The ruling 
 of his own conduct, the observance of dignity and self-restraint 
 in his dealings with the men under him, are the greatest 
 sanctions which the shipmaster has for the preservation of dis- 
 cipline in his ship. He must, as far as possible, keep his temper 
 with his men, and must certainly take care that his officers keep 
 theirs. The master must keep himself largely apart from his 
 officers, and his officers from the crew, remembering the truth 
 of the adage that "familiarity breeds contempt," and that 
 ignorant men will not understand the conduct of an officer 
 whose behaviour towards them varies from hour to hour and 
 from day to day. 
 
30 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Careful rules of discipline must be made for every duty and 
 for every possible emergency ; that is to say, the crew must be 
 divided into watches for the ordinary work of the ship and the 
 customary duties assigned to officers and men upon such occa- 
 sions as the entering and leaving port. Arrangements must be 
 made as to the incidence of the various extra duties which have 
 to be undertaken from time to time, and there must be a fixed 
 arrangement, weather and other circumstances permitting, when 
 the crew's quarters must be turned out and cleaned. 
 
 It is well if on Sunday mornings the men be mustered and 
 the Service read. Apart from the religious view of the question, 
 the observance of this form tends to the maintenance of discip- 
 line and to the personal cleanliness of the men. For the spirit 
 of emulation is enlisted on the side of order, and nearly all men 
 feel ashamed to be dirty on parade. 
 
 The master should go through the ship at least once every 
 day and see that things are as they should be. 
 
 The rule that the officer of the watch shall remain on the 
 bridge should not be allowed to be broken, save when the master 
 relieves the second officer. The chief officer should be taken into 
 the master's confidence as to the position of the ship and in regard 
 to the day's work. 
 
 The less the master interferes with the work of the chief 
 engineer's department the better. But the master cannot forget 
 that he is the responsible man in the ship, and he should see 
 that discipline is maintained in this department. From the 
 chief engineer he should have regular reports as to how things 
 are going on, especially as regards the consumption and stocks 
 remaining of coal and stores. At the same time he must use 
 his own discretion as to the value of the reports and not, accept 
 these statements unquestioningly, for it is a well-known and 
 natural characteristic of the chief engineer to underestimate his 
 remaining stocks. 
 
 He should be careful to send any orders — save, of course, 
 those which go by the engine-room telegraph — through the chief 
 engineer, and not to communicate direct with any of the junior 
 engineers. By this conduct he strengthens his own and the 
 engineer's position in the ship and tends largely towards the 
 maintenance of discipline. 
 
 In regard to all the officers, the master should insist on 
 reports of any disobedience or insubordination on the part of the 
 men, and he should take care that any punishments are dealt 
 out by himself alone. Physical violence on the part of the officers 
 to any of the crew should be most sternly repressed. 
 
 In vessels of any size, boat-stations should be assigned to the 
 
DISCIPLINE. GENERAL OBSERVATIONS. 3 1 
 
 crew, and in passenger steamers fire- and boat-drill should be 
 attended to. With these, of course, must be included the assign- 
 ment of men to the various bulkhead doors, and to the closing of 
 sluices and suchlike, on emergency. 
 
 A night order-book should be kept, and used. 
 
 Rules should be made, and observed, as to the heaving of the 
 log, as to taking observations, as to the checking of the compasses, 
 and as to slowing and calling the master immediately fog comes on. 
 
 The master must see that the log-book is properly kept and 
 signed and that the chief officer attends to his functions in regard 
 to having the decks and the crew's quarters kept clean and the 
 food properly served at regular meal times. 
 
 The seaman, by his articles of agreement, binds himself to do 
 his duty during the period of his engagement in an honest, sober 
 and faithful manner in the capacity for which he was engaged. 
 But it is in that capacity and in no other. Save in the event of 
 serious emergency, a seaman or steward could not be sent into 
 the stokehold. If, therefore, there is any likelihood of any 
 occasion arising in an ordinary way for the mutual assistance 
 of seamen and firemen, a clause to that effect had better, as we 
 have already suggested, be inserted in the agreement. The 
 seaman must, of course, give the whole of his time to his duty, 
 like the master. And in regard to sobriety he is also in the 
 same position ; that is to say, a single instance of drunkenness 
 cannot be taken to involve his discharge and the forfeiture of 
 the wages he has already earned. The proneness of humanity 
 to make slips must not be forgotten. But at the same time 
 discipline must be preserved, and even a first offence must not 
 be allowed to pass unnoticed. Whether captain, officer, or man, 
 he undertakes to assist in his proper place in the stowage and 
 delivery of the cargo, in the mooring and unmooring of the ship, and 
 in doing what lies in his power for the preservation of ship and 
 cargo from loss by the act of God or by the attack of enemies. But 
 he is not bound to throw away his life hopelessly or wantonly. He 
 undertakes, in fact, to remain in the ship, unless some lawful reason 
 release him entirely or temporarily, until the voyage is concluded. 
 
 The seaman warrants himself skilful, fully conversant with 
 the duties of the position which he has taken, and diligent in 
 the performance of them. A man, therefore, who proves himself 
 incompetent or habitually slothful, does not fulfil his guarantee, 
 and is not entitled to the wages he has been promised on fulfil- 
 ment of his contract.* 
 
 * A new form of agreement for foreign-going ships, which came into 
 force on the 1st January 1902, provides expressly for the reduction of the 
 wages of a seaman who enters himself as qualified for a duty which he 
 proves incompetent to perform. 
 
32 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 For the reason stated above, his going ashore without leave 
 is an offence, if it be without lawful excuse, and as such renders 
 him liable to forfeiture of wages. Of course, the same is true 
 of desertion, which is the offence of wrongfully leaving the ship 
 without intention to return. 
 
 We may summarise the special offences and their punish- 
 ments. 
 
 Drunkenness or Neglect in Master or Seaman. — Under the 
 Merchant Shipping Act it is a misdemeanor for a master, seaman 
 or apprentice to do anything which tends to the immediate loss 
 of, or serious damage to, the ship or to immediately endanger 
 the life or limb of any person on board of her, or for him to 
 refuse, or omit, to do any lawful act, proper and requisite to be 
 done by him, for preserving the ship from immediate loss or 
 damage, or any person on board from immediate danger to life 
 or limb. And this is so whether such an act or omission arise 
 from drunkenness, wilful breach of duty, or from neglect of duty. 
 
 The word "immediate" here is inserted in every case because, 
 to constitute the offence, the act, or omission, of the accused must 
 be, as the law says, " proximate to the result." Thus, suppose 
 that, through drunkenness, a man did not make a rope properly 
 fast and a spar came down in consequence, without injury to any 
 one, but smashed the bulwarks in one place. Then, if it were 
 allowed to lie where it fell, and in the course of days some one 
 fell over the spar and through the unfenced hole in the bul- 
 warks and was drowned, the drunken man, who left the rope 
 improperly fastened, could not be punished for the loss of life, 
 because, though the accident did happen through his default in 
 the beginning, it was not directly through his default. There 
 were other circumstances in the chain which led to the accident. 
 
 It will be noted that here a punishment is provided for 
 neglect which endangers the ship and the lives of those on board. 
 The law is not so on land. A man can stand by and see another 
 drowning in reach of his hand and yet he is not punishable for 
 omission to save him. At sea, the statute makes things quite 
 otherwise. For it will be seen that the enactment is not worded 
 so that any command to do the act is necessary to attach liability 
 for not doing what ought to be done. Simple failure to act is 
 sufficient. 
 
 Again, the words " lawful and proper for him to do " import 
 a wider range of acts than the mere duty for which he signed in 
 the articles. In case of emergency, the officers can order men 
 to do any proper act necessary for the safety of the ship, though 
 they could not order a man to do what would certainly cost him 
 his life. Firemen, stewards, and even passengers, could be 
 
KINDRED OFFENCES NOT AMOUNTING TO DESERTION. 33 
 
 ordered, in cases of emergency, to the hand-pumps. But a lands- 
 man should not be sent aloft in a tempest, or at least he should 
 not be so sent if there were any seafaring person available. 
 
 Punishment for Desertion. — For desertion there is a penalty 
 of forfeiture of all the wages the offender has earned and of all 
 the effects he may have left in the ship. If he desert abroad, he 
 may also forfeit any wages he may earn in any other ship till the 
 time of his return to the United Kingdom. Besides this, he may 
 be ordered to repay the excess of any wages that may have been 
 paid to his Substitute beyond what was agreed to be paid to him- 
 self, and, except in the United Kingdom, he may be sentenced 
 to twelve weeks' imprisonment. 
 
 Kindred Offences not amounting to Desertion. — There are 
 certain statutory derelictions of duty which fall short of desertion, 
 though they are of the same class and render the offender liable 
 to heavy punishment. They are 
 
 (a) The neglect, or refusal without reasonable cause, to join 
 the ship, or to proceed to sea in her. 
 
 (b) Absence without leave at any time within twenty-four 
 hours of his ship's sailing from port. And this applies as well to 
 sailings from intermediate ports as from the port at which the 
 voyage commenced. 
 
 (c) Absence, without leave and without sufficient reason, from 
 the ship or from duty. 
 
 These derelictions may not be such as to amount to desertion, 
 and, if they do not, and are not so treated by the master, they 
 are considered " absence without leave." This offence renders 
 the seaman committing it liable to the forfeiture of two days' 
 pay. If it be extended, there is an additional penalty of the 
 forfeiture of six days' pay for every twenty-four hours of 
 absence, or a liability to recoup the ship for any expenses 
 properly incurred in procuring a substitute. And, except in the 
 United Kingdom, a punishment of ten weeks' imprisonment may 
 be inflicted. 
 
 General Offences against Discipline. — Under this head are 
 classed the offences of 
 
 (a) Quitting the ship at her port of delivery, but before she is 
 placed in security. — Penalty may amount to the forfeiture of a 
 month's pay. 
 
 (b) Wilful disobedience to a lawful command. — Penalty may 
 be imprisonment up to four weeks, and, in addition, there may 
 be forfeiture of an amount of wages up to two days' pay. 
 
 (c) Continued toilful disobedience or neglect of duty. — For this 
 the penalty may be imprisonment up to twelve weeks, and also 
 forfeiture of six days' pay for every twenty-four hours of con- 
 
34 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 tinuance of disobedience or neglect, or the compulsory repayment 
 of money properly spent in procuring a substitute. 
 
 (d) Assaulting a ship's officer.— Formerly this offence was only 
 constituted where the person assaulted was a master or mate. 
 By the Act of 1894, certificated engineers were very properly 
 included. The penalty here is imprisonment up to twelve 
 weeks. 
 
 (e) Combining with members of the crew to disobey lawful orders, 
 or to neglect duty, or to impede the vessel's navigation or progress.— 
 Penalty, imprisonment up to twelve weeks. 
 
 (f) Wilful damage to ship, stores, or cargo, or embezzlement of 
 stores or cargo. — Penalty, imprisonment up to twelve weeks, and 
 forfeiture of pay equal to the value of the loss sustained. 
 
 (g) Being convicted of any act of smuggling whereby loss is 
 occasioned to the master or oioner of the ship. — Penalty, payment 
 to the master or owner of a sum of money sufficient to reimburse 
 the loss or damage. The whole, or a proportionate part, of the 
 man's wages may be retained in satisfaction of, or on account of 
 that liability, without prejudice to any further remedy. 
 
 All these offences can be tried and punished summarily. 
 Their statutory enactment in the Merchant Shipping Act does 
 not bar any remedy which the master, or owner, might have had 
 under the ordinary law for the breach of the contract of engage- 
 ment. But this would not enable the master or owner to 
 recover more than once in respect of the same damage. 
 
 False Statements. — Another offence, which, by its nature, 
 can only be committed by a seaman, and not by an apprentice, 
 is the making a false statement of the name of his last ship, or 
 of his own name. Such false statement must be proved to 
 have been wilfully and fraudulently made, and it must have 
 been made on, or before, engagement. For each offence of 
 this character there is a fine, which shall not exceed ^5. This 
 fine may be deducted from any wages the man may earn under 
 the engagement. The proceeds may be applied to the re- 
 imbursement of any loss or expenses occasioned by previous 
 desertion, and, subject to that, go to public purposes. In all 
 these cases, except the last, the offender may be either a 
 seaman or an apprentice, and the offence and penalty are the 
 same in either position. 
 
 Stowaways and those on Board by legal Order. — But there 
 are certain persons who may be on board the vessel, not as 
 passengers, yet who have not signed on the ship's articles as 
 seamen, nor have been put upon them (as the apprentices are), 
 and who are yet subject to discipline, and to the punishments 
 provided for breaches thereof. These are stowaways, and those 
 
PENALTIES ON OUTSIDERS FOB ASSISTING OFFENDERS. 35 
 
 " seafaring persons " whom the master is compelled to take on 
 board by authority of statute (for example, distressed seamen). 
 These persons are treated, in respect of matters of discipline and 
 offences against it, as though they had signed the articles and 
 were members of the crew. 
 
 The stowaway, of course, is liable to punishment for the 
 offence of which he has been guilty in stowing away. It 
 consists of secreting himself on board the vessel and going 
 to sea without the consent of the owner, master, any mate, or 
 consignee of the ship, or of the person in charge of her, or of 
 any person entitled to give that consent. The offence is punish- 
 able by fine (not exceeding ^20), or by imprisonment up to 
 four weeks. Hard labour may be ordered for this offence. 
 
 Penalties on Outsiders for Assisting or Encouraging 
 Offenders. — It is well to remember, and on occasion to remind 
 others, that there are fines for those who persuade or attempt 
 to persuade seamen to neglect to join their ships ; or to desert, 
 or otherwise absent themselves from their ships ; as also for 
 harbouring deserters or persons absent without leave. 
 
 Again, when foreign deserters may be apprehended under 
 the provisions of the Merchant Shipping Acts and Orders in 
 Council thereunder, it is an offence to harbour such deserters. 
 
 " Harbouring " is an offence in which there must be a guilty 
 intention ; that is to say, the person accused of doing so will 
 only be liable to punishment when he did so knowingly, or in 
 a case where he had reason to believe that the person taken in, 
 or secreted, was a deserter. 
 
 Now we have enumerated the offences against discipline 
 constituted by the Merchant Shipping Acts, and it becomes 
 necessary to see what are the rights and duties when such 
 offences are alleged to have been committed. 
 
 Apprehension of Deserters in the United Kingdom. — In 
 the case of desertion and absence without leave, the ship's 
 authorities — as I shortly described those who, in the statute, 
 are enumerated as " master, any mate, owner, ship's husband, 
 or consignee of the ship " — may apprehend the alleged culprit 
 with or without assistance of the local police (whose assistance 
 they have a right to demand), where the case has arisen in the 
 "United Kingdom. Having been apprehended, the offender can 
 be taken on board the ship, unless he expresses a desire to go 
 before a Court which has cognisance of such matters before 
 being taken on board. . Such Court has the power, if it con- 
 sider the grounds upon which the apprehension was made to 
 have been insufficient^ to order the person who apprehended the 
 man, or who gave the order to have him apprehended, to pay 
 
36 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 a fine not exceeding ^20. In such a case the infliction of that 
 fine is a bar to any action for false imprisonment for that arrest. 
 
 Abroad. — If desertion take place abroad, either at the port 
 of departure or at an intermediate port, the ship's authorities 
 may, if the place be within his Majesty's dominions, arrest the 
 deserter with or without the assistance of the local police with- 
 out warrant. If the place be outside his Majesty's dominions, 
 he may be arrested without warrant, so far as the laws of the place 
 permit. 
 
 The person so arresting a man has a right to take him before 
 a Court, as in the United Kingdom, and for that purpose may 
 keep him in custody for a period up to twenty-four hours ; the 
 person accused has a right to demand to be taken before such 
 Court, and must be so taken on his demand, when practicable ; 
 but where it is not advisable, or demanded, or practicable, he 
 can be conveyed direct on board the ship. The same provision 
 as to a fine for arrest on insufficient grounds is enacted in 
 respect to arrests abroad as that mentioned in cases occurring 
 at home ports. 
 
 In cases of desertion, or of other breach of discipline, in any 
 of his Majesty's possessions abroad, where a man has been im- 
 prisoned for the offence, the master, owner, or agent can make 
 application to a justice of the peace for the return of the man 
 on the ground that his services are required in the ship. In 
 such a case the justice may make an order for the return of the 
 man, although his period of imprisonment may not have expired, 
 provided the period of his agreement with the ship is still run- 
 ning. And the man may be conveyed on board the ship for the 
 purpose of proceeding on his voyage, or may be handed over to 
 the person making the application for him, to be conveyed to the 
 ship. 
 
 When a person against whom one of these offences is alleged, 
 comes before a Court he may, on request of one of the authori- 
 ties of the ship, be ordered to be taken on board the vessel to 
 proceed on the voyage. And the Court in such cases has power 
 to order the costs and the expenses properly incurred by, or on 
 behalf of, the master, to be paid by the offender and to be 
 deducted from any wages then earned by him, or from any 
 thereafter to be earned by him in virtue of his current agree- 
 ment. 
 
 With a view to ensuring the due punishment of the offence 
 of desertion the Merchant Shipping Act provides for the making 
 of arrangements between our own Government and those of 
 other Maritime States whereby deserters from vessels of any of 
 the contracting States can be surrendered to the authorities of 
 
OFFENCES MUST BE LOGGED. 37. 
 
 the State from a ship of which they have been duly proved to 
 have deserted. 
 
 Section 224, Sub-section 2 of the Merchant Shipping Act, 
 1894. — But there is a saving clause in respect to these matters 
 of which the ship's authorities should not lose sight. It is this : 
 " When, in the United Kingdom, a seaman or apprentice to the 
 sea intends to absent himself from his ship or duty, he may give 
 notice of this intention, either to the owner or to the master of 
 the ship, not less than forty-eight hours before the time at 
 which he ought to be on board his ship ; and in the event of 
 that notice being given, the Court shall not exercise any of the 
 powers conferred by this section of the Act (which, in fact, are 
 the whole powers conferred by the Act as regards the United 
 Kingdom) for causing the offender to be conveyed on board his 
 ship." 
 
 Offences must be Logged. — In respect of offences committed 
 on board ship (as, indeed, with respect to everything of import- 
 ance that happens on board the vessel) the official log-book 
 plays a very important part. At the time of the happening of 
 an offence the facts of the case must be entered in the official 
 log-book and be signed by the master and the chief mate or one 
 of the crew. If the person to whom it refers be on board the 
 vessel, and if the offence be one in respect of which a prosecu- 
 tion is contemplated, the entry should be read over to him and 
 a note taken of what he has to say in reference to it. He may 
 also demand to have a copy of the entry. A note of the fact 
 that the entry has been read over to him, or that he was 
 furnished with a copy of it, should be made in the log. The 
 log will have to be produced as evidence of the offence when the 
 man is tried, or when any legal proceedings in reference to the 
 offence take place. When a desertion takes place abroad the 
 entry will also have to be exhibited to the functionary who, by 
 the Merchant Shipping Act, is authorised to grant certificates 
 for leaving seamen behind. 
 
 What does not Amount to Desertion. — Desertion is not 
 committed by a man who leaves the ship when she is aban- 
 doned from serious casualty without hope of saving her, or 
 when he leaves on account of illness ; or goes to volunteer into 
 the navy (but he must give notice of his intention in this case); 
 or when he leaves on account of a breach of the agreement by 
 the master, such as a voluntary deviation by him from the stipu- 
 lated voyage, unreasonable cruelty on the part of the master, or 
 quits because the ship has become so unsea worthy, or so short- 
 handed, that her condition makes it dangerous to remain on 
 board. 
 
38 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 The Right to Forfeiture of Wages may be Lost. — The master 
 must not forget that if he receive the seaman back, and allow 
 him to resume work, his doing so constitutes what is called a 
 waiver of his right to claim forfeiture of his wages. 
 
 Criminal Offences by Passengers or Crew. — So much for the 
 offences which are specially commissible by those on the articles. 
 There are, of course, in addition all the offences known to our 
 criminal law which may be committed on board ship. It is no 
 part of our plan to go into these. For the master is unlikely to 
 have to deal finally with them at sea. They may be committed 
 by either members of the crew or by passengers. In either 
 case the master is fully empowered to take what measures he 
 considers right for the safety of the vessel and of those persons 
 who are placed in his charge. His powers are very large, and, 
 provided he acts reasonably and without the desire to vent any 
 personal spite, he will be supported when his conduct is subse- 
 quently considered on shore. All that is to be said is that the 
 restriction of personal liberty must be resorted to only on 
 sufficient grounds and with great discretion. 
 
 The taking passage with a master is an implied agreement 
 on the passenger's part that he will put himself under the 
 master's authority and obey the reasonable rules of the ship. 
 If it were otherwise, passenger business could not be carried on. 
 A ship, even nowadays, is a confined place, and where large 
 bodies of miscellaneous people are collected in such close 
 quarters it is absolutely necessary that simple rules for the 
 general comfort should be made and obeyed. Indeed, some 
 rules which are obnoxious to passengers are really framed with 
 a view to the safety of the ship and the lives of those on board 
 of her. For example, the rule which prohibits the use of spirit 
 lamps in state rooms. This is sometimes regarded as a great 
 hardship upon ladies. Yet it is salutary indeed. But a master 
 could hardly punish a lady for breaking it. He must act with 
 tact and discretion. 
 
 In regard to offences committed on board the ship, the master 
 must not exercise his powers in an arbitrary or extreme way. 
 That would be bad policy, to say the least, especially in a pas- 
 senger ship. He should only restrain the liberty of an offender 
 when the safety of life and of the ship demand it, and he should 
 be careful to avoid as much as possible the restraining of any 
 offender in a method which might be considered unnecessarily 
 degrading. It is obvious that the actual punishment must be 
 meted out on the ship's arrival in port, and for that purpose 
 care must be taken to log the occurrence, as already pointed 
 out, and to give notice to the authorities as soon as the ship arrives. 
 
DUTY TO THE PUBLIC DEMANDS PROSECUTION. $g 
 
 Cattlemen are now usually members of the crew, being, for 
 convenience, placed on the ship's articles at a nominal- wage. 
 They are thus made amenable to the same discipline as the crew, 
 and can be punished where necessary by the infliction of fines, 
 which, after all, are the most valuable aid to the preservation of 
 order among the crew. The list of fines which are capable of 
 infliction on members of the crew must be included in the 
 articles and so agreed to by the crew, and so, of course, fines 
 cannot be resorted to for offences not included in the list. When 
 fines are inflicted the occurrence must be entered in the log and 
 the entry read over to the offender. 
 
 Duty to the Public demands Prosecution of Offenders. — There 
 have been recent complaints of the alleged insufficient assistance 
 which the law gives to the master in dealing with those guilty of 
 insubordination, and especially with such as refuse to go to sea. 
 I do not think these cases will bear investigation. It would 
 seem that the law has provided ample remedies and powers for 
 those who will, and can, avail themselves of them. But the 
 desire on the part of the master not to delay the ship, or to 
 avoid trouble on the part of the owners, has prevented the 
 proper means being taken to set the law in motion for the 
 punishment of offenders. If that be the case, there is no just 
 cause of complaint against the law. It is always a troublesome, 
 and often an expensive, matter to set the law in motion, even 
 in long-shore affairs. But one's duty to oneself and to the public 
 impels, or ought to impel, every one to see justice done where 
 wrongs have been committed. Certainly those who neglect to 
 take advantage of existing provisions cannot justly complain that 
 the law does not assist them to maintain their rights. 
 
( 40 ) 
 
 CHAPTER VI. 
 
 THE MASTER'S DUTY IN RESPECT OF THE CREW— (continued). 
 
 (D) Pbovisions, Accommodation and Medical Comports. 
 
 Contents. — Survey of Provisions on Complaint — Survey of Provisions 
 prior to Sailing — Weights and Measures must be Carried and Used — 
 Compensation for Reduced Allowance — Medicine — Penalties for Insuf- 
 ficient Supply — Lime-juice — Extra Sugar — Scurvy — Medical Officers — 
 The Rights of Crew in case of Illness — Survey of Unseaworthy Ships — 
 Accommodation — Protection against Imposition. 
 
 Survey of Provisions on Complaint. — The duty lies upon the 
 master of a merchant ship to provide water and proper and 
 sufficient food for his crew. The Merchant Shipping Act of 
 1854 gave the crew the right to demand a survey of the water 
 and provisions of their ship upon complaint made by three or 
 more of their number to a British consular officer, to an officer 
 of customs, to an officer commanding one of his Majesty's ships, 
 or to a superintendent of a Mercantile Marine office. Upon 
 such complaint a survey will be made, and if the report be that 
 the quantity or quality of the water or provisions is insufficient 
 or bad, a notice of the defect will be given to the master in 
 writing. For neglect to remedy the cause of complaint after 
 such notice the master becomes liable to a penalty not exceed- 
 ing ^20. The officer making the survey has to note the fact in 
 the ship's log and also to report the circumstance to the Board of 
 Trade. The master has a protection against frivolous complaints 
 under this enactment by the provision that, if the officer making 
 the survey report that there was no reasonable ground for the 
 complaint, the seamen who made it are each liable to the for- 
 feiture of a week's wages to the owner of the vessel. 
 
 Survey of Provisions prior to Sailing. — Under the law just 
 referred to the machinery for inspection had to be set in motion 
 by the men themselves. It might very well be that in certain 
 cases of hardship the men would rather suffer than complain, 
 and so an Act, passed in 1892, went somewhat farther. It did 
 not in any way repeal the former law, but it went beyond it, 
 giving a compulsory examination prior to the beginning of the 
 
COMPENSATION FOR REDUCED ALLOWANCE. 41 
 
 voyage, and irrespective of any complaint on the part of the 
 crew, in the case of vessels starting on certain very long voyages. 
 The voyages referred to are those round the Cape of Good Hope, 
 round Cape Horn, and through the Suez Canal. This inspection 
 is to be made by officers of the Board of Trade, appointed for the 
 purpose, and, where practicable, the survey is to take place before 
 the provisions are shipped. 
 
 Weights and Measures must he Carried and Used. — The 
 ship's agreement prescribes the food scale of the men, and the 
 master must have on board proper weights and measures for the 
 purpose of giving out the proper quantities, and he is obliged to 
 allow them to be used, and that in the presence of a witness, if 
 there be any dispute as to the quantity served out. In case of 
 his refusal to comply with this regulation the master is liable 
 to a penalty of ^10 for every refusal. 
 
 Compensation for Reduced Allowance. — Reduction of the 
 scheduled allowance of provisions is allowed by way of punish- 
 ment — if contained in the agreement — and also in the case of 
 men who wilfully refuse to do their duty, or are lawfully in con- 
 finement (whether on ship or shore) for misconduct. Otherwise 
 the seaman becomes entitled to compensation for a reduction in 
 the quantity of his food, to the extent of fourpence a day where 
 the reduction does not exceed one-third of what he is entitled to, 
 or eightpence a day where that proportion is exceeded. If the 
 quality be bad, he is entitled to an allowance up to the amount 
 of a shilling a day. 
 
 Of course, in all these cases, it has to be remembered that 
 ships' voyages extend to all sorts of climates and are sometimes 
 prolonged to very unexpected periods ; thus there is a provision 
 in favour of the master and owners, that the Court, before whom 
 such a matter comes up for adjudication, may take into considera- 
 tion the circumstances of the case ; such as, for example, the fact 
 that, though the actual food stipulated for may not have been 
 supplied, the men were given as near what they had agreed to 
 as it was possible for the master to give. 
 
 Medicine. — The Board of Trade, under the authority of Par- 
 liament, issues rules in respect to the supply of medicines, medical 
 stores and anti-scorbutics, for the benefit of the crew. Every 
 ship navigating between the United Kingdom and any place 
 out of the same has to carry a proper supply of these, and 
 must also have on board an authorised book of instructions as 
 to their use. 
 
 Penalties for Insufficient Supply. — In British possessions, 
 out of the United Kingdom, the governor has power to make 
 regulations in this regard in the same way as the Board of Trade 
 
42 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 has at home. It is therefore possible that in leaving certain 
 colonial ports there may be need to carry these matters to an 
 extent in excess of the amount required on sailing from a home 
 port. Masters may do well to bear this fact in mind. Very 
 stringent regulations are made to ensure that the quality of 
 these stores shall be good. A ^20 penalty is provided for 
 those who manufacture, sell, or keep for sale such goods of im- 
 proper quality ; whilst, if the proper comforts are not provided, 
 packed, and kept on board, a similar penalty is enforceable 
 against the master and owner. Moreover, to inflict such a 
 penalty it is sufficient for the prosecution to prove that the 
 breach of the regulations was committed. The onus then lies 
 on the defendant to prove that he was not in default. In cases 
 where such default occurs, and the master and owner can show 
 that they are not responsible, the penalty will fall upon any other 
 person who is shown to have been guilty. 
 
 Lime-juice. — In regard to the provision of lime-juice there 
 are special regulations. Not only is the quantity to be carried 
 settled by authority, but the quality must be proved and 
 certified by Board of Trade inspectors. It must be rendered 
 palatable by the addition of 1 5 per cent, of proof spirit, it must 
 be packed and labelled and deposited in the bonded stores, as is 
 required by the regulations, and the packages in which it comes 
 aboard must be maintained intact till such time as the vessel 
 shall have left her port of departure twenty-four hours. 
 
 Extra Sugar. — In connection with this provision of lime-juice, 
 a special quantity of sugar, outside the quantity named in the 
 ship's agreement, must be shipped. This sugar is to be served 
 out with the lime-juice, at the rate of an ounce of each per man 
 per diem, mixed with a due proportion of water. The serving 
 out of these rations commences when the ship has been ten days 
 at sea, and continues during the remainder of the voyage, save 
 during such periods as the vessel may be in harbour, and fresh 
 provisions may there be supplied to the men. The neglect or 
 refusal of the men, or any of them, to take their rations, must 
 be entered in the ship's log and the entry signed by the master, 
 and also by the mate, or some other member of the crew. If 
 there be a medical practitioner on board he must add his signa- 
 ture also. By Order in Council the King may substitute 
 another anti-scorbutic for lime-juice. 
 
 Scurvy. — Young and unthinking persons may perhaps be in- 
 clined to scoff somewhat at the elaborate precautions evinced in 
 these regulations as to the provision and enforcement of the 
 taking of lime-juice. The present generation of seamen are, in 
 regard to scurvy, like their compeers on land in regard to small- 
 
MEDICAL OFFICERS. 43 
 
 pox. Not knowing the terrible sufferings which former genera- 
 tions endured through these scourges, they think the precautions 
 against them unnecessary and troublesome. But it is in a large 
 measure owing to the rigour of the regulations that scurvy is to- 
 day practically unknown. There was a time when 60 to 80 per 
 cent, of our long-voyage sailors suffered from it, and that to a 
 terrible extent. Whole crews were swept away, and, when men 
 did survive its ravages, they were often maimed and incapacitated 
 for life. 
 
 The quality of the medicines carried is ensured by the enact- 
 ment that an official medical man shall inspect the ship's medical 
 stores and give a certificate that the regulations have been 
 complied with, if he find them of the proper quality and in 
 sufficient quantities. His certificate is one of the papers which 
 the master must produce when he asks for clearance. Proceed- 
 ing to sea without such certificate renders the master, consignee, 
 or owner liable to a penalty of ,£20. 
 
 Medical Officers. — The seaman is fortunate in having a con- 
 siderable body of law passed for the protection of his health, and 
 for enforcing that due care be taken of him when sick. At 
 certain ports the Local Marine Board and the Board of Trade 
 appoint medical inspectors of seamen. Upon payment of a fee, 
 fixed by the Board of Trade, the master or owner who is engag- 
 ing his crew may have an examination of the men by the medical 
 inspector, who will give a report as to whether such men are fit 
 for duty. 
 
 The great increase in the size of merchant ships of recent 
 years may give scope to a certain section of the Merchant 
 Shipping Act in regard to the carriage of medical practitioners. 
 It has existed since 1854 without having, as yet, any practical 
 operation. This is the section * which enacts that " every 
 foreign-going ship, having one hundred persons on board, or 
 upwards, shall carry on board as part of her complement some 
 duly-qualified medical practitioner." The penalty for breach of 
 this obligation is ^100, recoverable from the owner. But the 
 second sub-section excepts emigrant-ships from the force of the 
 enactment. Thus the obligation has had no real force. For 
 vessels not carrying passengers have not yet become large 
 enough to carry quite a complement of a hundred men, though 
 some cattle ships, with cattlemen on the books, are getting near 
 the line. 
 
 There is no statutory obligation — nor do I think there would 
 be much need for one — to carry a medical officer in foreign- 
 going steamships which carry passengers and are not emigrant- 
 * Section 209 of the Consolidation Act of 1894. 
 
44 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 ships, until the number of souls on board reaches the number of 
 three hundred, for the requirements of saloon passengers are 
 such as to ensure a medical attendant, quite apart from the force 
 of the law. 
 
 But all emigrant-ships (i.e. foreign-going ships which carry 
 fifty or more steerage passengers) must have a medical man, 
 irrespective of the number of the crew or of the other passengers 
 carried. 
 
 Rights of Crew in Case of Illness. — As regards illness, all 
 the crew, including the master, are entitled to medicine and 
 medical attendance and advice whilst on board at the ship's ex- 
 pense. When they are not on board the ship the practice varies. 
 The invalid may have been temporarily removed out of the ship 
 for convenience, or to avoid infection, and in that case the 
 expense of removal, sustenance, advice, and attendance falls upon 
 the ship ; or, where members of the crew receive injury in the 
 service of the ship, there is a right to medical or surgical advice, 
 medicine, and sustenance till the patient is cured, or dies, or is 
 brought back to the United Kingdom, if shipped thence, or, 
 if shipped at some other British possession, to some port in that 
 possession. The cost of his conveyance in such case falls on 
 the ship, as does the expense of his burial, if his illness ter- 
 minate fatally. No deduction from wages earned can be made 
 on account of any of these expenses. 
 
 The master is liable for the repayment of any of the charges 
 just enumerated which may have been paid by a consular officer, 
 or other person on behalf of the Crown. They can be recovered 
 in the same manner as seamen can recover their wages, and 
 a certificate of the facts, signed by the person who paid the 
 charges — accompanied by the vouchers, if there be any — is good 
 evidence against the defendant in a proceeding for their recovery. 
 Of course, if the master settles any such charges, he does so on 
 behalf of the ship, and can recover the money as disbursements 
 on ship's account. 
 
 Survey of Unseaworthy Ships. — In the agreement there is by 
 statute an implied warranty that the seaman is being engaged to 
 serve on a seaworthy and not overladen or undermanned ship. So 
 if the seamen refuse to proceed to sea in the vessel, alleging that 
 she is in an unfit state to sail, and if, on a proper survey, a ship 
 be found to be unseaworthy, the statute frees the men from the 
 punishment which such refusal would otherwise bring upon them. 
 
 The Board of Trade has the right to appoint officers to record 
 the draught of vessels upon sailing, and masters are bound under 
 penalties to allow such officials on board for the purpose of 
 executing this duty. 
 
SURVEY OF UNSEAWORTHY SHIPS. 45 
 
 The sending of an unseaworthy ship to sea is now a misde- 
 meanor, though, of course, unseaworthy in this sense means, 
 unseaworthy in a manner and to an extent whereby life may 
 be endangered. It does not bear the technical meaning which 
 " unseaworthiness " sometimes has in regard to the question of 
 suitability for the carriage of certain kinds of cargo. 
 
 The Merchant Shipping Act, 1894, by its 459th section, gave 
 the Board of Trade power to provisionally detain for the purpose 
 of survey a British ship when in a port in the United Kingdom, 
 if she were what is called an " unsafe " ship. This unsafety was, 
 according to that section of the Act, a defective condition of her 
 hull, equipments, or machinery, or unfitness to proceed to sea 
 without serious danger to human life by reason of overloading or 
 improper loading. The powers thus indicated were extended by 
 the Merchant Shipping Act 1897 so as to include the case of a 
 ship which might be unsafe " by reason of undermanning," and 
 the power to detain, previously given for the purpose of survey, 
 was now extended to include cases where it was desirable also to 
 " ascertain the sufficiency of the crew." Another section of the 
 Act of 1897 similarly extended the powers which the Act of 1894 
 conferred on the Board of Trade in regard to foreign ships 
 against which allegations of unsafety might be made, whilst they 
 might be lying in British ports. 
 
 The master or owner charged with this offence can only be 
 proceeded against by leave of the Board of Trade at home, or 
 with the permission of the governor of a British colony if abroad, 
 and there can be no conviction except after a trial before a jury. 
 
 The defence of the unseaworthiness in the ship only avails a 
 seaman charged with desertion, if he shall have made a complaint 
 of the state of the vessel previous to his quitting her. He 
 cannot otherwise ask for a survey. 
 
 Such survey may also be ordered by a Court where it is 
 alleged by one-fourth of the seamen on board a vessel that she is 
 unseaworthy. In the case of vessels with large crews such sur- 
 vey may be ordered on the complaint of five seamen. The Board 
 of Trade surveyors, or a special person appointed for the purpose, 
 or any other impartial surveyor, may be appointed for the pur- 
 pose of surveying the vessel, and the person so appointed must 
 give in a report in writing, and in addition answer any questions 
 which may be put to him by the Court. The cost of the hearing 
 and survey are, in the first instance, payable out of the Mercan- 
 tile Marine Fund. If the ship be found unseaworthy, the master 
 or owner will be liable to make good the costs. If she be found 
 not unseaworthy, the persons who made the demand for a survey, 
 or upon whose allegation it was held, are responsible, and the 
 
46 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 amount of the costs may be deducted from the wages due, or to 
 become due, to them, and handed over to the Board of Trade. 
 
 A Naval Court, too, has the power to direct a survey of a ship 
 which is the subject of an investigation before it. And it has, in 
 this regard, the same powers as a Court before which a seaman 
 would be tried for desertion or similar offence. 
 
 Seamen unnecessarily detained on a charge of desertion or 
 similar offence, may, where the ship is found unfit to proceed, 
 be awarded such compensation as against the master, or owner, 
 as the Court may consider fit. 
 
 Accommodation. — In the place appropriated in the ship to 
 seamen, a space of not less than* twelve superficial feet, measured 
 on the deck or floor, shall be allowed for every man. And this 
 place must be securely constructed, properly lighted and venti- 
 lated, properly protected from weather and sea, and, as far as 
 possible, shut off and protected from effluvium which may be 
 caused by cargo or bilge- water. Such space must also be kept 
 free from stores and goods, except, of course, the men's personal 
 property. The keeping of the space clear is a duty expressly 
 laid on the master, and he is liable to a forfeiture of a shilling a 
 day to each seaman for every day during which the obstruction 
 shall continue after two or more of the men have made complaint 
 to him of the matter. 
 
 The observance of the other ordinances in regard to accom- 
 modation are incumbent on the owner, and any failure on his 
 part to comply with the statutory provisions may render him 
 liable to a fine of ^20. 
 
 Further requirements in regard to provision of proper privies, 
 to be approved by the surveyor to the Board of Trade, must be 
 observed before the crew space can be deducted from the ship's 
 registered tonnage. When a certificate of approval is given by 
 that functionary and produced to the collector of customs, and 
 when the legend " Certified to accommodate — seamen " is cut or 
 painted over the entrance, a tonnage allowance in respect of the 
 accommodation may be made. But on well-founded complaint 
 as to the non-observance of the regulations, the allowance of 
 space will be at once done away with. 
 
 In case a seaman is ill, and, through neglect of the master 
 or owner, has not been provided with the water and food secured 
 
 * Regarding the accommodation of Lascars in British ships it was 
 decided in the P. & 0. Company v. The King, tried in June 1 901, that 
 Lascars if borne in British ships must have the same accommodation as 
 the Merchant Shipping Act enjoins for white members of the crew, not- 
 withstanding the fact that the Indian Acts allow them to be given a 
 smaller space. 
 
PROTECTION AGAINST IMPOSITION. 47 
 
 to him by his agreement, or with the medical comforts and 
 anti-scorbutics given him by Parliament, the owner or master 
 becomes liable for the proper expenses caused by such illness, 
 up to an amount equal to three months' wages. Where such 
 expenses shall have been incurred by the man himself or by 
 Government, or by parochial or other local authority, these 
 expenses stand on the footing of wages as regards the remedies 
 given for their recovery, and it is expressly stated that this 
 enactment does not stand in the way of any right of action 
 which the seaman would have under the ordinary law against 
 the master or owner for damages arising from negligence. 
 
 Protection against Imposition. — The seaman has several 
 privileges granted to him by Parliament to enable him to pro- 
 tect himself against imposition. Amongst these we may note 
 the peculiar powers given to the County Courts to extend their 
 jurisdiction into disputes between seamen and their employers. 
 Then there is the right to go ashore for the purpose of making 
 complaint to a magistrate, consular officer, or officer of a King's 
 ship, either against the master or any of the crew of the vessel 
 upon which he is engaged. He is to be allowed to go ashore 
 " as soon as the service of the ship " will admit, should the 
 vessel be at a place where such a complaint can be lodged ; or, 
 if not, as soon after her arrival at such a place as the service 
 will permit. But in each case it is well to observe that the 
 seaman must, before going ashore, prefer his request to do so 
 to the master. He must also not forget that in each case 
 he can only go ashore as soon as the service of the ship will 
 permit. That, of course, is a necessary qualification, but it will 
 not allow the master to detain him unreasonably. The man 
 need not be given an opportunity of deserting when such a 
 request is granted ; for the master can either let him go on his 
 own responsibility or send him ashore under proper custody. 
 
 Various powers are given and enactments passed as to 
 sailors' lodging-houses, charges upon seamen's wages, validity of 
 claims arising out of debts incurred after engagement, and the 
 detention of their effects. The master has little concern with 
 these. But what he may well be reminded of is his power to 
 prevent unauthorised persons from boarding the ship before the 
 seamen leave. Going on board without the permission of the 
 master, or remaining on board after being warned to leave by 
 the master, a King's officer of customs or of the Board of Trade, 
 or by an officer of police, renders the person disobeying the law 
 liable to be summarily arrested by the master or public officer 
 and handed over to the police. The offender may, on summary 
 conviction, be fined ^20 or sent to prison for six months. 
 
48 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Thus it will be seen that, as far as Parliament can effect such 
 a purpose, everything that has suggested itself has been done 
 to prevent the necessary power of the master over all who ship 
 with him being abused as against the common seaman, and to 
 protect the latter against those who wish to prey upon him 
 on land, 
 
( 49 ) 
 
 OHAPTEE VII. 
 
 THE MASTER'S DUTY IN RESPECT 01' THE CREW— {continued). 
 
 (E) Payment of Wages and Discharge. 
 
 Contents. — Advance Notes— Allotment Notes — Seamen's Money Orders 
 — The Seaman's Right to Wages — The Master's Duties when a Seaman 
 Dies — Wages of Seamen lost with their Ship— Leaving Seamen behind 
 — (a) When Ships are Sold — (b) When the Ship is Wrecked — A Devia- 
 tion — Volunteering into the Royal Navy — As to Payment — Seaman's 
 Maritime Lien for Wages — Where Suits for Wages may be Instituted. 
 
 Parliament has set itself (and the shipowner and shipmaster) a 
 difficult task in attempting to protect the sailor from himself 
 and from his apparent friends, without depriving him altogether 
 of the right which every man ought to have, to do what he likes 
 with his own, and to decide for himself what innocent extrava- 
 gances he may enjoy when he is at play. This task, too, seems 
 more complicated as we go farther into the relation between the 
 employer and employed. 
 
 We have now got Jack to sea, and therefore he is already 
 earning money. For many reasons of convenience, and even of 
 possibility, it is out of the question for the captain to take cash 
 to sea and pay every man his weekly wage on a Friday night as 
 landsmen are paid. He has little call for the money at sea. 
 Very probably there are a wife and children at home, and it is 
 there that a large part of his wages are wanted, and whither, if 
 proper facilities are granted, the bulk of his money will un- 
 doubtedly find its way. 
 
 Advance Notes. — The law as to advance notes has varied 
 through the century with the progress of commerce and of 
 civilisation. In the early days they were discouraged, because 
 they were thought to " lead to desertion and piracy." Now the 
 ship's agreement may contain a stipulation that a sum not 
 exceeding a month's wages may be paid to or on behalf of the 
 seaman, conditionally on his going to sea in pursuance of the 
 agreement. But any other agreement by the employer, or on 
 his behalf, for the payment of money to, or on account of, the 
 sailor is void. Such void agreements give no right of action or 
 
 D 
 
50 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 even of set-off in an action, and no deduction from his wages on 
 account of them -will be permitted. There is also a statutory 
 enactment that an advance note is not a negotiable instrument. 
 Thus a person -who obtains possession of it, even for value 
 received, cannot sue upon it in his own name. 
 
 Allotment Notes. — Allotment notes stand on a different 
 footing. They must all be made -in the form sanctioned by the 
 Board of Trade. All stipulations regarding them must be 
 inserted in the agreement, if they be made at the commence- 
 ment of the voyage. They must state the times at which the 
 payments are to be made, the amounts of such payments, and 
 the persons who are to receive them. The amount may not 
 exceed half the man's wages. The recipient may be either a 
 " near relative " or a " savings bank." 
 
 The expression "near relative" includes the man's wife, 
 child, parent, grandparent, and grandchild, and also a brother 
 or sister. 
 
 The expression "savings bank" includes post-office savings 
 banks, seamen's savings banks, and trustee savings banks. 
 
 The payments under the allotment note begin, in the case of 
 relatives, one month after the date of the agreement, or, in the 
 case of savings banks, three months after the same date, or at a 
 later period if so fixed by the agreement. 
 
 The " near relative " has the same rights for the recovery of 
 the sums due under the allotment note, as the seaman has for the 
 recovery of his wages, where the sum due does not exceed ^50. 
 But, of course, it is a defence to the claim to show that the man 
 has forfeited, or ceased to be entitled to, the wages out of which 
 the allotment would have been payable. Moreover, a wife who 
 deserts her children, or is guilty of misconduct, loses her further 
 rights under the allotment note. 
 
 The evidence that the money payments under the allotment 
 note have ceased to be payable is generally derivable from the 
 master of the ship whereon the man was engaged. It may be by 
 an official statement of the change of crew, made in the form 
 required by the Merchant Shipping Act, and signed by the 
 master, or it may be a " credible " (which, I suppose, means a 
 formal) letter from the master, or a certificated extract from the 
 vessel's log-book, or, indeed, any evidence which may be satis- 
 factory to the Court before which the matter comes up for 
 adjudication. 
 
 The master, as such, has no interest in the fate of the money 
 paid under the allotment notes, after it once gets into the savings 
 banks. But it may be well, for the sake of completeness, to 
 mention that during the sailor's lifetime no one but himself has 
 
THE SEAMAN'S BIGHT TO WAGES. 5 1 
 
 the right to withdraw the sums he has had paid in on this 
 account. As an additional precaution against thoughtless or 
 ill-advised withdrawal, even he can only obtain the money on 
 application made through a superintendent or the Board of Trade. 
 In case of his death, it may be paid out to some person to whom 
 his property, if under ;£ioo in value, may be paid under the 
 provisions of the Merchant Shipping Act. 
 
 Seamen's Money Orders. — It is obvious that, if it be danger- 
 ous for the seaman to be given a large sum of the money, the 
 earnings, perhaps, of a long engagement, in a home port, where 
 all manner of difficulties are put in the way of those who might 
 desire to prey on him, it is more important still to assist him to 
 take care of his money when he is paid off in foreign ports. 
 Accordingly a system of money orders for the transmission of 
 his wages home is sanctioned by Parliament, and the Board of 
 Trade has made arrangements whereby the bulk of the man's 
 Wages can be sent home for him, free of cost, from one 
 or two of the Western continental ports whereat British ships 
 chiefly discharge their crews. Though this system met with 
 great hostility from those persons in foreign ports who had 
 formerly profited by the weakness of the British seaman it 
 has proved its value, and will doubtless be much further 
 extended. 
 
 The Seaman's Right to Wages. — There was an old legal 
 maxim that " freight was the mother of wages." The exact 
 meaning of that phrase need not here be discussed. It has now 
 merely an historic interest, for the Merchant Shipping Acts 
 have expressly laid it down that the right to wages shall not 
 depend on the earning of freight. The seaman begins to earn 
 wages and a right to provisions as soon as he commences work, 
 or at the time when the agreement specifies that he should go 
 on board or commence work, whichever may happen first. He 
 continues to earn wages and to be entitled to his food till dis- 
 charge, save that the right is in abeyance during any period 
 during which he unlawfully refuses or neglects to work, or 
 during any period for which he is lawfully imprisoned for any 
 offence committed by him. 
 
 The words in regard to imprisonment may be noted. For it 
 might be possible, even in these days, that a seaman might be 
 imprisoned abroad for what was not " an offence committed by 
 him," and in that case his claim for wages would not be barred 
 by the imprisonment. Where the imprisonment has taken 
 place at the hands of a competent tribunal for a proper cause, 
 and the master has incurred any costs in procuring the convic- 
 tion and imprisonment, the Court may, up to a maximum of 
 
52 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 £3, make an order that the man shall reimburse the costs so 
 incurred by the master. 
 
 In the case of ordinary illness wages still accrue, though the 
 man may be incapable of performing his duty. But where it 
 can be shown that the illness was caused by the man's own 
 wilful act or default, no wages are payable in respect of the 
 period for which he was incapacitated. 
 
 These latter rules apply chiefly to temporary illness. In more 
 serious cases it may become necessary to leave the seaman on 
 shore. In such a case the right to wages ceases when the man 
 is properly so left. 
 
 The Master's Duties when a Seaman Dies. — In case of death 
 the master's duty is to take charge of the effects of the deceased, 
 and, if he thinks it advisable, to sell them by public auction, 
 either before the mast or otherwise. He must make an entry in 
 the ship's log in regard to this matter. The entry must be 
 signed by the master and by some other member of the crew, 
 and it must state the amount of the money in the possession of 
 the deceased at the time of his death, and also afford a descrip- 
 tion of his effects. If these effects be sold, a statement de- 
 scribing each article, and giving the amount for which it was 
 sold, must also be given. At the same time a statement of the 
 sum of money due to the deceased for wages must be entered, 
 with a note of any deductions to be made from them. Stringent 
 regulations are made to prevent any master improperly claiming 
 deductions from the wages of deceased seamen, for none will be 
 allowed, in cases where an official log-book is required to be kept 
 on the vessel, unless they are verified by an entry in such book, 
 properly made and attested in accordance with the provisions of 
 the Merchant Shipping Act. And, where there can be any 
 vouchers in support of the master's claim to make the deduction, 
 it is the duty of the superintendent, or other public officer to 
 whom the account is rendered, to insist on their production, if 
 there be reasonable grounds for doing so. 
 
 The master has further duties in regard to the property of 
 the deceased seaman. When the ship comes to a port outside 
 the United Kingdom, at which there is made a stay of forty- 
 eight hours, he must report the decease to the officer of customs, 
 if the port be in a British possession, and, if it be not, he must 
 make such report to the consular officer. The functionary to 
 whom the report is made may, if he think it desirable, take over 
 the property, and if he does so must give a proper receipt 
 therefor, and at the same time endorse the fact of his having 
 done so on the ship's articles. "Within forty-eight hours of the 
 ship's arriving at her port of destination in the United Kingdom, 
 
THE MASTER'S DUTIES WHEN A SEAMAN DIES. 5.3 
 
 the receipt so given to the master must be produced by him to a 
 superintendent. 
 
 If the public officer abroad who receives the report of the 
 death does not take over the deceased's property, it becomes the 
 duty of the master, within] forty-eight hours of his arrival, to 
 hand it over to the superintendent. 
 
 In all cases, with the property, the master must give an 
 account, showing how the deceased's estate stands in account 
 with the ship. When all these formalities have been complied 
 with, the superintendent has to give the master a certificate 
 to that effect, and this must be produced to the officer of customs 
 before he will allow the vessel to clear inwards. 
 
 The master is personally liable for the property of deceased 
 seamen until he is relieved of such responsibility by the formal 
 receipt of one of the public officials named, and, in addition, for 
 any breach of duty in regard to it, he becomes liable to a ^50 
 penalty. An additional safeguard to the seaman's relatives is 
 given by the financial responsibility and heavy penalties laid 
 by Parliament upon the shipowner in respect of a deceased 
 sailor's property where the master fails in his statutory duty. 
 
 The same means for the recovery of the property of deceased 
 seamen are open to their representatives, as would have been 
 open to the men themselves if they had survived. And a man 
 who dies at the termination of a voyage, but before his wages 
 are paid, leaves his rights in a similar condition to that in which 
 he would have done had he died whilst still in service on board 
 the ship. 
 
 Provision is also made for the recovery and protection of 
 the property of seamen who die abroad and leave property 
 which is not aboard a British ship. But in this case the duties 
 of looking after it are not imposed on the shipmaster. 
 
 Wages of Seamen Lost with their Ship. — The Merchant 
 Shipping Acts have made special provision to meet the case of 
 seamen who may have been presumed to have been lost in 
 missing ships. In such cases the Board of Trade may act on 
 behalf of the personal representatives of the sailor. When the 
 Board does so, it has all the rights and remedies for the purpose 
 which Parliament has provided for the benefit of seamen, who 
 sue for their own rights. On such melancholy occasions there 
 can be no rights against or duties upon the shipmaster, for he is 
 gone with his men. But it may be well to mention, since his 
 representatives, too, have their rights for wages, that the law 
 presumes the loss of a ship which has not been heard of within 
 twelve months of the date of her leaving a port of departure. 
 The date at which she is presumed to be lost — -and at which 
 
54 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 therefore all wages will be reckoned to have ceased to accrue — 
 is not fixed by any such arbitrary rule; for if the Board of 
 Trade or some other duly qualified person sue for the wages, the 
 Court has a discretion either to presume her loss from the date 
 of departure or from some other date which it may think 
 probable. Thus, if a vessel be spoken some time after her 
 departure, that would be evidence that at all events up to then 
 she was afloat and her crew earning their wages. So, too, if a 
 ship were sighted on fire, in weather which precluded the 
 launching of a boat by the vessel which observed her, and in a 
 position in which the lost vessel would have been likely to have 
 been, and if the general description of the burning vessel 
 tallied with that of the missing vessel, that would be strong 
 evidence that the two were identical, and that the lost ship was 
 in existence at that date. This view would be strengthened if 
 there were no evidence that any similar vessel was lost in the 
 same way in the neighbourhood about the same date. 
 
 The duplicate agreement or list of the crew produced by the 
 Board of Trade or from the office of the Registrar-General of 
 Shipping is evidence that the seamen named therein were on 
 board the ship when she was lost. 
 
 Leaving Seamen Behind. — We have said that a seaman's 
 right to wages was terminated when he was properly left behind. 
 Such cases may arise through illness or through circumstances 
 connected with the adventure, or by the man's disappearance or 
 desertion, or through the order of a Naval Court. But a sea- 
 man can never be left behind without a certificate from some 
 British functionary, even if it be the respectable British 
 merchants who act as such when there is no salaried functionary 
 on the spot. The master who neglects to get such a certificate 
 renders himself liable to punishment as for a misdemeanor. In 
 cases where it may have been impracticable for him to obtain 
 such certificate, the onus of justifying himself in not so obtaining 
 it lies upon the master. 
 
 In case of serious illness incapacitating the seaman from 
 doing his duty the master may, upon the production of proper 
 evidence to the effect of his unfitness, obtain a right to leave 
 him behind. Then the man's right to wages ceases to accrue 
 on his leaving the vessel. But the master must furnish the 
 functionary who gives him permission to leave the man behind 
 with a statement in duplicate of the wages due to the man, and 
 must pay over the amount so shown, where possible in cash, and 
 where not so possible by a bill drawn upon the shipowner. The 
 functionary must endorse a notification of the fact that the bill 
 is drawn in payment of seaman's wages upon the bill itself, and 
 
LEAVING SEAMEN BEHIND. 55 
 
 must also note the ship's articles with an endorsement of the 
 amount of the bill and of the circumstances under which it was 
 drawn. In British possessions the man must receive the pay- 
 ment. But outside these the public functionary must take it, 
 and if he find it satisfactory, must endorse a receipt for the pay- 
 ment on one of the duplicates already mentioned. This clears 
 the master, save of course for any liability he may have on a 
 dishonoured bill, but the functionary still has duties to perform 
 in seeing that the man has subsistence from it and a passage home, 
 and also that he has the balance of his money secured to him. 
 
 All distressed seamen in foreign ports, from British ships 
 (except, of course, deserters and those who are in distress by their 
 own default), have the right to be sent home, and there is a duty 
 on masters of British ships to take them for proper payment 
 when required to do so. Where there is no other person charge- 
 able with the expenses relating to such distressed seamen the 
 Mercantile Marine Fund finds the costs of their sustenance and 
 passage. But where the master of the ship by which they came 
 out has not fulfilled all his duties, as ordered by statute, in re- 
 spect of the men, he becomes liable for the repayment of these 
 charges. 
 
 Here, it may be noted, that a master may also find himself 
 in a difficulty if he bring to this country natives of Asia, Africa, 
 the South Sea Islands, or of any other country not having a 
 consul in the United Kingdom, and discharge such native here, 
 if within six months such native commit an act of vagrancy or 
 become chargeable to the rates. 
 
 A seaman may be discharged by order of a Naval Court for 
 offences or for the safety of the ship, and by such an order may 
 at the same time be condemned to forfeit the whole or part of 
 his wages. Of course, desertion, being a breach of contract on 
 the man's part, frees the owner and master from liability to pay 
 further wages, and usually involves entire forfeiture of wages 
 earned. 
 
 We must also examine the case of seamen whose ships never 
 return at all. Such cases may arise either from the sale of the 
 vessel or from wreck. 
 
 When Ships are Sold. — When ships are sold in places outside 
 of his Majesty's dominions, the master must pay his crew off in 
 the presence of what I have called a functionary, and in addition 
 to the amount of the wages to which the man is entitled the 
 master must provide for his return home and for his sustenance 
 until he reaches his destination, Those of the men who choose 
 to declare before the functionary their intention of remaining by 
 the ship under her new owners are entitled to do so. 
 
56 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Four alternative modes of effecting the duty of repatriation 
 are given in the Act. There has been some litigation as to the 
 exact rights and duties in the matter. But, without entering 
 into a technical discussion, it will be enough to say that the 
 master can satisfy his duty by giving each man such sum as the 
 functionary shall deem sufficient in this behalf, or he may get 
 the man an opportunity of working his way back, or he may give 
 the man himself a passage home or sufficient money to pay for 
 one. Whatever he does he must take care to see that the 
 functionary endorses on the ship's agreement particulars of the 
 arrangement come to, as that endorsement is the master's 
 answer to future claims in the matter. 
 
 When the Ship is Wrecked. — When the ship is wrecked the 
 contract is terminated. But of course the wreck does not always 
 prove to be a total loss at one specific moment. The legal rule is 
 that the seaman's contract is at an end either when the ship is 
 abandoned, without hope of recovery, or when the master, after 
 all that is possible has been done for ship and cargo, gives his 
 men their discharge. Serious damage, even though it may be 
 doubtful whether the ship is quite incapable of repair, may 
 justify the captain in discharging his men. He will, of course, 
 in such case, have — in support of his assertion that the injury 
 was serious, and that the time and expenditure required to 
 repair the ship would be great — the facts to adduce that he dis- 
 charged the vessel's cargo and abandoned the voyage upon which 
 he was then engaged. 
 
 In war time capture by the enemy also terminates the 
 contract of service. When a man is sent home by order of a 
 British functionary, that terminates his contract. He has no 
 claim on the vessel for wages after he leaves her, as it were, by 
 operation of law. But he would doubtless, in such a case as that 
 of Melville v. De Wolfe (where a man was sent home as a 
 witness), be entitled to make a claim against the public for whose 
 good he was taken out of his ship, and in doing a duty to whom 
 his engagement was lost. 
 
 A Deviation. — Where, after the beginning of the voyage, a 
 change in its scope is made so as to bring it outside that origin- 
 ally limited by the agreement made when the seaman signed on, 
 there is a breach of that agreement by the man's employers. He 
 is accordingly then in a position to terminate his service and to 
 sue for the amount of wages he has lost through the breaking of 
 the contract. If the change be made before sailing, however, 
 the man can only refuse to go and recover for work actually done 
 on board. 
 
 Abandonment of Voyage. — When a voyage is abandoned for 
 
VOLUNTEEEING INTO THE ROYAL NAVY. 57 
 
 wiy cause, or when the seaman is discharged for no fault of his 
 own after engagement, he has a right to sue for his full wages 
 payable under the contract if he had then earned a month's wages. 
 And, in addition, he is entitled to any expenses to which he may 
 be necessarily put. In cases where he may be discharged before 
 he has earned a month's wages he is entitled to sue for any wages 
 earned, and also may have compensation,— which, in regard to its 
 rights for the recovery, stands in the same position as wages, — 
 up to the value of a month's wages. 
 
 It sometimes becomes a question as to when the voyage is 
 complete, and when therefore the seamen may rightly leave her. 
 The duty of the men is to remain on board till the ship is safely 
 moored at her final port of discharge. 
 
 Volunteering into the Royal Navy. — A seaman may, by Act 
 of -Parliament, leave his ship and break his agreement for the 
 purpose of joining the Royal Navy. But it would seem that he 
 ought to give notice of his intention to do so, or he may be at 
 risk of forfeiting his wages. He cannot purge desertion by 
 volunteering. In cases where a man so properly leaves the 
 merchant ship there is a duty, under penalty, laid upon the 
 master to deliver up to the man, on board the King's ship, 
 his clothes and effects, and to hand over either, in cash or by 
 bill, to the officer of the ship on to which the man has volun- 
 teered, the balance of wages already earned by the man. But 
 no man need think that he will be able to obtain a little ready 
 money by thus leaving his ship. For he cannot touch any part 
 of it till such time as he would have received it had the original 
 agreement never been broken. Moreover, if the man has still 
 a debit balance in his account with his old ship, not yet having 
 made up his advances received or deductions properly made, the 
 King's officer will settle the account and deduct the amount so 
 paid for him from his future earnings whilst in his Majesty's 
 service. 
 
 It may be well for shipmasters to remember that if they are 
 put to any expense in getting substitutes at higher wages than 
 the men who volunteered from their ships, they can, on proper 
 application, obtain a refund of the money from the Admiralty. 
 To obtain this they must first make application to the Registrar 
 of the Admiralty Division of the High Court. 
 
 There are certain special characteristics in the wages of 
 seamen. Thus, there is in the seaman's contract an implied 
 condition that he will do his best to save the ship when in peril, 
 and will defend her to the best of his ability in case she be at- 
 tacked by enemies. Failure to fulfil this duty will render the 
 seaman liable to loss of wages. 
 
58 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 The law, which is, as we have seen, so careful to protect him 
 from possible oppression and to bring him home with his wages 
 intact, will not allow him to sell or charge his wages, and any 
 attempt to do so is invalid and of no effect. At the same time, 
 to ensure his doing his utmost for the benefit of his employer, he 
 may not (though the master is exempt from this provision) insure 
 his wages. He cannot make a speculative bargain that he shall 
 lose his wages if the ship be lost, nor can he contract that he 
 shall not have a share of any salvage to which he may become 
 entitled. Nothing in the agreement can divest him of the right, 
 if he be paid off in foreign money, to receive it at the rate current 
 on the day of payment. The law, too, gives him special remedies 
 in regard to the recovery of his wages, and no agreement can de- 
 prive him of them. 
 
 As to Payment. — A foreign-going ship in a home port must 
 pay off her crew before a superintendent, and a home-trade ship 
 may do so if the master or owners desire it. Before paying off 
 any ship a statement and account of wages, in proper form as 
 approved by the Board of Trade, must, twenty-four hours before 
 payment or discharge, be given in to each man himself when the 
 transaction does not take place before a superintendent ; and 
 when before a superintendent, either to the seaman when he 
 leaves the vessel, or to the superintendent, not less than twenty- 
 four hours before discharge or payment off. From the ordinary 
 rules which govern the case of foreign-going ships, vessels which 
 pay their crews wholly by results are exempt. 
 
 As to other foreign-going ships, the master must, when the 
 man properly leaves his vessel at the conclusion of his voyage, 
 pay him one-fourth of the balance due to him, or two pounds, 
 whichever is least. Then within two clear days the balance 
 must be settled. Sundays and holidays do not count in the two 
 days, and a reasonable dispute as to the amount is an excuse for 
 non-settlement, as it is the act of the seaman. But if the delay 
 be due to the default of the master or owner, the wages will run 
 on till they are settled. 
 
 The paying off of a home-trade ship differs from that of a 
 foreign-trade vessel in that there is no advance when the man 
 leaves the ship. The whole payment is complete at one opera- 
 tion. Such payment must be made within two days of the 
 discharge or of the termination of the agreement, whichever 
 happens first. The man has a right to double pay for any days 
 (up to a maximum of ten) during which payment may be 
 delayed. 
 
 The circumstances of home and foreign-trading seamen are 
 such as to make any comment on the reasons for these provisions 
 
seaman's maritime lien for wages. 59 
 
 unnecessary. The seaman gives the master a release and the 
 superintendent may, on request, also add his signature. Then 
 the document is good as a voucher of payment for the master, 
 whether against a further claim from the seaman or in his settle- 
 ment of accounts with the shipowner. Superintendents have 
 power to adjudicate upon matters in dispute as to wages up to 
 ^5 at the request of one of the parties interested, and up to any 
 amount where both parties assent in writing to his undertaking 
 the duty. 
 
 On discharge or payment of wages the master must give each 
 seaman a certificate * of discharge in the form approved by the 
 Board of Trade. Such certificate must specify the time and 
 place of the man's discharge, and the period of his service. This 
 must be signed by the master. In the case of certificated officers 
 who have given in their certificates to him, he must return to 
 them their certificates under a penalty, unless he has reasonable 
 cause for failing to return them. 
 
 Seaman's Maritime Lien for Wages. — The seaman has a 
 treble remedy in a suit for wages. He can proceed against 
 the master, or against the ship and her freight, or against the 
 owner personally. Like the master, the seaman has a maritime 
 lien for his wages against the vessel and her outfit and her 
 freight. His lien is a very prior claim upon the proceeds of the 
 ship. A purchaser of the vessel for value takes her subject to 
 any outstanding claims of this nature ; so does a mortgagee, or 
 the holder of a bottomry bond, and in a case where a ship was 
 lost and the owner became bankrupt the seamen retained their 
 prior claim against the proceeds of the ship, even when the 
 owner's estate was administered in bankruptcy. The claim of 
 the seaman being enforceable against the master as well as 
 against the ship and the owner, it stands immediately prior to 
 that of the shipmaster when enforced against the ship and her 
 freight. 
 
 It is, however, postponed to that of the holder of a bottomry 
 bond given on a voyage subsequent to that on which the wages 
 in question were earned. For there is an old legal maxim that 
 the law assists the diligent only. In a case, therefore, where the 
 seaman neglects to enforce his security as soon as he might have 
 done, he must necessarily give way to those whom he enables by 
 his own dilatoriness to get before him. So, too, it is postponed 
 to the claim of salvors ; for their exertions saved the ship, which 
 is the security out of which the men aim at getting their rights. 
 If the salvage work had not been done they would have had 
 nothing to go for. 
 
 * See note p. 13 ante, and Appendix XII. 
 
60 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 The maritime lien on the freight enables the claimants under 
 it to follow it even into the hands of one who takes it by an 
 absolute assignment. 
 
 Against the cargo the seaman has no claim, save that his lien 
 on the freight enables him to stop the cargo, where freight is 
 unpaid, if he be enforcing his lien for wages out of freight. But 
 as soon as the freight is paid the cargo must be released. The 
 maritime lien is conferred upon every one on the ship's articles, 
 even upon " idlers," down to the stewardesses. It also extends 
 to the pilot, for he is engaged in the work of navigation. The 
 seaman seems to be in a different position to the master in one 
 respect here. The master can lose his lien by waiving it or by 
 carelessness. The seaman does not. He does not even lose it 
 by choosing to proceed personally against the owner in the first 
 instance. 
 
 Where Suits for Wages may be Instituted. — Not only can 
 suits for wages be tried by the Admiralty Court and by County 
 Courts having Admiralty jurisdiction, but there is also a sum- 
 mary jurisdiction conferred upon stipendiary magistrates and 
 justices in petty sessions to adjudicate upon such claims up to 
 the amount of ^50. But under this provision proceedings must 
 be instituted within six months of the origin of the cause of com- 
 plaint, unless the parties, or one of them, has been oat of the 
 United Kingdom or, in the case of complaints arising in British 
 possessions, out of the jurisdiction of a Court capable of dealing 
 with the matter. The six months does not run during such 
 absence. Under ordinary circumstances a seaman has no right 
 to take proceedings abroad for wages. He can do so, however, 
 when he is discharged abroad or when he has been the subject of 
 such " ill-usage on the part of the master as would warrant reason- 
 able apprehension of danger to his life if he were to remain on 
 board." In cases where, but for this provision, the conduct of 
 the master would have justified him in suing for his wages before 
 the termination of the agreement, the seaman may, on his return 
 and proof of the facts, obtain compensation beyond the amount 
 of the wages due, up to a limit of ^20. 
 
( 6i ) 
 
 CHAPTER VIII. 
 
 THE MASTEE'S DUTY IN RESPECT OF THE PASSENGER. 
 
 Contents. — General Observations — Baggage — Rights of Passengers — De- 
 finition of a "Passenger Ship" — Definition of a " Passenger" — Statute 
 Adult — Steerage Passenger — Cabin Passenger — Space — Messing — 
 Amount of Fare— Form of Ticket — Upper Passenger Deck — Lower 
 Passenger Deck — A Colonial Voyage — An Emigrant Ship — Surveys of 
 Passenger Steamers — Keeping Order amongst Passengers — Surveys of 
 Emigrant Ships — Equipments — Where Passengers may be carried — 
 Exercise Decks — Decks to be kept clear — Construction of Passenger 
 Decks — The Berths — Privies — Hospitals — Light and Air — Provisions, 
 Water and Medical Stores — Dangerous Goods and Cattle — General 
 Strength of Crew — Steerage Steward — Steerage Cooks — Interpreters on 
 Foreign Emigrant Ships — Medical Practitioners — Medical Inspection — 
 Passengers' Lists — Maintenance on Arrival — Wrongful Landing— Sub- 
 sistence—Abstract of Act — The Master's Bond — Putting back with 
 Damage— Duty of Masters putting back — Obligation to allow Inspec- 
 tion. 
 
 We have seen in our remarks upon the subject of discipline that 
 the passenger, by taking his passage with the master, puts him- 
 self under his authority and subjects himself to the necessary 
 discipline of the ship. We have seen too that the master, by 
 accepting the passage-money, undertakes to give the passenger 
 something more than mere ship room. He must afford kind and 
 reasonable treatment. In no relation in which the shipmaster 
 finds himself are there more trying situations than in those 
 between him and the passengers, and it is here that is made the 
 greatest call upon him to keep his temper and to be full of tact 
 and worldly wisdom — the classes of passengers are so varied, 
 including as they do every one, from the highest to the lowest, 
 from princesses of the blood down to criminals flying from justice. 
 The weaknesses of mankind are generally accentuated under 
 strange and unaccustomed conditions, and certain classes of 
 passengers are most unreasonable. They do not realise in the 
 least that in so confined a space as a ship every passenger cannot 
 have a suite of apartments to himself, or that the " captain" is 
 not responsible for the weather encountered at sea. But the 
 more trying and unreasonable the passenger the greater the call 
 for the diplomacy of the master. In passenger-ships of the 
 
62 THK LEGAL DUTIES OF SHIPMASTERS. 
 
 enormous size and great speed of to-day, the responsibilities are 
 so heavy that they seem almost too great for one man, and there 
 would appear to be an endeavour to divide them. On board the 
 great liners belonging to British companies on the Atlantic, the 
 commander is being taken more and more apart, confining himself 
 to the bridge and navigation-deck, save when he makes his daily 
 rounds, and joining little in the social life of the ship. The 
 German development seems to be in another direction, for the 
 last great vessels of an important German company carry a 
 navigating officer, who may help to relieve the captain of his, so 
 to speak, " out-of-door duties." How this arrangement will work 
 in practice remains to be seen. I am glad, at all events, that it 
 is the German and not a British line which has chosen this mode 
 of relief, for the legal duties and responsibilities under this dual 
 arrangement would be hard indeed to discuss. In the eye of the 
 British law, the master alone is responsible for the navigation of 
 the ship, and in case of collision in fog, the master haled before 
 a Court of Inquiry for not reducing speed would not save his 
 certificate from suspension by pleading that his navigating 
 officer ought to have slowed the engines. 
 
 The master undertakes, in the absence of any special contract 
 as regards the dietary scale, to give the passenger reasonable and 
 sufficient food according to the class by which he travels, and to 
 give him suitable accommodation. 
 
 Baggage. — The passenger is allowed a certain quantity of 
 baggage by the contract or, failing any express stipulation in the 
 contract, is entitled to a reasonable amount. As innkeepers on 
 land are protected by special statute against loss of valuables, 
 where proper notices are posted and facilities for storing them 
 are provided, so the steamship owner usually takes care to dis^ 
 claim responsibility for valuables not given in charge of the 
 purser. And recent cases have shown that such notices and 
 stipulations, if properly brought home to the passenger and 
 incorporated in his contract, will be a good answer to claims 
 for loss. 
 
 As regards the baggage of the passenger, it is practically in 
 the same position as its owner. The contract of carriage guar- 
 antees that the vessel shall be seaworthy and suitable for its 
 purpose, which, of course, is to carry not only passengers but also 
 the sort of goods which usually are included in personal luggage. 
 But it may be submitted that if a packet of candles were enclosed 
 in a trunk which was not specially marked with a warning, and 
 if this were to be packed in a baggage-room near the boiler-room 
 bulkhead, but not near enough to injure clothes or jewellery 
 {which are the usual contents of trunks), there would be no right 
 
RIGHTS OF PASSENGERS. 63 
 
 of action for damage in case the candles melted and spoilt the 
 other contents. For candl es are not usually packed in passengers' 
 lu ggage. In regard to the passenger and his effects, there is 
 only liability for actual negligence, though the duty to take due 
 care in such a case as this means caution of a very high 
 degree. 
 
 Rights of Passengers. — The passenger has a right to a passage 
 by any ship holding itself out as a passenger-ship provided he 
 tenders the fare and there is room on board, subject to the 
 master's right, in pursuance of his duty to others on board, to 
 refuse any objectionable or dangerous passenger. Amongst 
 these would be included, in home-trade ships, such as were 
 drunk and likely to annoy the other passengers. On foreign- 
 going ships the most likely cause for refusal would be infectious 
 illness or known objectionable habits, or bad character. A 
 master, for example, would not be compellable to take one 
 whom he had reasonable ground to suspect of an intention 
 to seize the ship, or injure her, or any of those on board of her ; 
 but, having once accepted a passenger, he must allow him to 
 remain unless he actually does something to warrant his ex- 
 pulsion. The sending him ashore on account of a mere rumour 
 of the likelihood to offend would lay both the master and owner 
 open to an action. 
 
 In the case of an attack upon a vessel — which is very un- 
 likely to occur nowadays, save perhaps in the China Seas— the 
 master has a right to command the assistance of the passengers, 
 as well as of the crew, to defend the vessel. He can also com- 
 mand their services for suitable work in the case of disaster by 
 perils of the sea. 
 
 He has the same rights to imprison or restrain the passenger 
 as the seaman ; that is to say, when the protection of human 
 life and the valuable property entrusted to his charge demand 
 it. He need not wait for the commission of any overt act. All 
 he need do is to act as a reasonable man would be expected to 
 do if he were placed under the circumstances in which the 
 master finds himself. 
 
 _ He may, for example, exclude a passenger from table if he 
 misconduct himself so as to be unfit to associate with his fellow- 
 passengers, and obviously the limit of endurance would be 
 sooner reached if there were ladies on board than if all the 
 passengers were men. But if the excluded one were a saloon 
 passenger the master would hardly be justified, under such cir- 
 cumstances, in making the offender mess with the emigrants or 
 with the crew, for that might be objectionable to them as well 
 as, possibly, a source of complaint on the part of the offender. 
 
64 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 It would be more reasonable to let him have his meals in the 
 state-room. 
 
 But mere insolence to the master will not justify deprivation 
 of liberty, nor will such conduct as that recently brought into 
 one of the Australian courts ever bring anything but disgrace 
 upon a shipmaster. In the case to which I refer the shipmaster 
 refused to allow a saloon passenger into the saloon because he 
 was a baker. It is hardly necessary to say that, in a semi- 
 public place like a ship, such social distinctions cannot possibly 
 be allowed to weigh, and all passengers of the same class must 
 be treated with the same courtesy and consideration as long as 
 they do nothing to offend. 
 
 The rights and liabilities under the contract with the 
 passenger in respect of untrue representations are now unimport- 
 ant to the shipmaster, as he so seldom has to deal directly in 
 these matters with intending passengers. The contract is 
 usually made at the steamship agent's office. Still it may be 
 well to mention that a fraudulent representation, even if not 
 embodied in the contract, makes it void. Where such repre- 
 sentation is in point of fact untrue, though not fraudulent 
 (because not made for purposes of deceit), it gives the passenger 
 the right to break the contract at his option, provided the 
 matter misrepresented be one of material importance. The 
 identity of the ship, for example, is a material circumstance ; 
 but, as a general rule, the fact that she did not start on a long 
 voyage on the actual day named is not. 
 
 If the vessel be lost before the voyage commence, the passage- 
 money must be refunded. So, too, when passengers are relanded 
 in case of sickness. 
 
 For unpaid passage-money the master has a lien on the 
 passenger's baggage or other property on board. But the 
 master cannot touch the clothes he has in actual wear, nor has 
 he any right to detain the man himself. There are a vast 
 and somewhat bewildering mass of statutory enactments as 
 to " passenger " and " emigrant " ships, and perhaps it may be 
 useful, before going into these, to define what is meant by the 
 various terms used in the Act. 
 
 Passenger Ship. — A " passenger-ship " is a vessel which carries 
 twelve or more passengers. It may be plying in the home or 
 foreign trade, or on rivers, but as long as it floats and carries 
 the requisite number of passengers to fulfil the definition it is 
 a passenger-ship, unless it be a steam ferry boat working on 
 chains, such as are usually known as steam bridges. A vessel 
 may be a passenger-ship though not registered. The require- 
 ments of the law in regard to passenger-ships which ply in 
 
CABIN PASSENGER. 65 
 
 rivers and in the coasting and foreign trades, of course, vary 
 very considerably. Our attention is chiefly directed to the regula- 
 tions affecting foreign-trade passenger-ships. 
 
 A Passenger. — The term " passenger " does not include any- 
 one who is on the ship's articles, nor does it include the owner 
 or his family and servants. 
 
 Statute Adult. — Coming to what are called " emigrant- 
 ships," we find that the definition hangs upon what constitutes 
 a " statute adult." This is a person over twelve years of age. 
 As regards children, two between the age of one and twelve 
 years count as one statute adult, and those under one year do 
 not count at all. 
 
 Steerage Passenger. — A " steerage passenger " includes every 
 kind of passenger except a cabin passenger. The law takes no 
 note of " intermediate" or " third class" passengers, but groups 
 all together as steerage passengers. 
 
 Cabin Passenger. — What constitutes persons " cabin pas- 
 sengers " is the possession of the four following characteristics : 
 
 Space. — -There must be at least thirty-six superficial feet 
 allotted to their exclusive use for each statute adult carried. 
 This must clearly mean thirty-six feet of superficial deck room 
 on a deck completely closed in, but the Act does not say so. 
 
 Messing. — They must mess throughout the voyage with the 
 master or with the first officer. 
 
 Amount of Fare. — The fare contracted to be paid by them 
 must be not less than a certain minimum proportion to the 
 length of the voyage. As the voyages of sailing-ships are more 
 extended and as speed must be paid for, the length of all 
 voyages, whether by sailing-ship or steamer, is reckoned, for the 
 purposes of the Act, on the basis of what it would be by sailing- 
 ship, and a table of what the Board of Trade considers the 
 length of various voyages is published. A cabin passenger is 
 one who does not pay less than twenty shillings per week for 
 the ordinary length of the voyage, where the destination is 
 north of the equator, or not less than thirty shillings where he is 
 bound to Southern ports. 
 
 Form of Ticket. — They must have been furnished with a duly 
 signed contract ticket in the form prescribed by the Board of 
 Trade. 
 
 Upper Passenger Deck. — It is necessary, too, to regard the 
 definitions of what constitutes an " upper passenger deck." 
 This expression " means and includes the deck immediately 
 beneath the upper deck, or the poop or round-house and deck- 
 house, where the number of passengers, whether cabin or 
 steerage, carried in the poop, round-house, or deck-house, 
 
 E 
 
66 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 exceeds one-third of the total number of steerage passengers 
 which the ship can lawfully carry on the deck next below." 
 
 The Lower Passenger Deck. — The " lower passenger deck " 
 is the deck next below the one last mentioned, not being an 
 orlop deck. 
 
 A Colonial Voyage. — A " Colonial voyage " is one which 
 originates in a British possession abroad except (India or Hong 
 Kong), no matter what the destination may be, provided the 
 length of time reckoned for it is over three days, or the distance 
 beyond four hundred miles. 
 
 An Emigrant Ship. — We are now in a position to define the 
 term " emigrant-ship." It may be either a British or foreign 
 ship, but it must be a sea-going vessel. The carrying of mails 
 does not affect its character. If it be a foreign vessel, starting 
 from a port outside the British Islands, but calling at one of our 
 ports, and there taking on board steerage passengers lately 
 resident in this country, it becomes an emigrant-ship within the 
 meaning of the Acts when the total number of steerage pas- 
 sengers on board (including those shipped outside the home 
 port), are such as bring the whole up to the number which 
 would constitute a vessel an emigrant-ship under our law. As 
 a British shipmaster is not likely to have experience of this case, 
 it is useless to pursue the regulations in this direction. 
 
 But, as regards emigrant-ships generally, all vessels are 
 within the definition which carry fifty or more steerage pas- 
 sengers. In the case of smaller vessels, sailing-ships become 
 emigrant-ships when they have more than one statute adult to 
 every thirty-three tons of registered tonnage. In the case of 
 steamers they become emigrant-ships when they have more 
 than one statute adult to every twenty tons of registered 
 tonnage. 
 
 Surveys of Passenger Steamers. — Every passenger steamer 
 must be surveyed at least once every year, and a proper certifi- 
 cate applicable to the work which she is upon must be procured. 
 In default of the production of such certificate the customs 
 officer will refuse her clearance. The responsibility for having 
 such survey made is upon the owner, and not upon the master. 
 It embraces the examination of hull by a competent shipwright 
 surveyor, and of engines (in case of steamers), by a competent 
 engineer surveyor. Each of these must make declarations as 
 to the way in which certain conditions and requirements as to 
 various matters, including fittings and equipments (especially 
 with regard to life-saving and fire-preventing appliances) are 
 complied with. Upon the transmission of the declaration to the 
 Board of Trade a passenger certificate is issued. Such certifi- 
 
KEEPING ORDER AMONGST PASSENGERS. 6j 
 
 cate defines the limits in which the vessel may ply, and fixes the 
 number of passengers which she is fit to carry. The latter 
 point may be subdivided so as to fix the number allowed in each 
 part of the vessel, and may give alternative numbers to be 
 carried under varying conditions. 
 
 Though the owner has the duty laid upon him of having the 
 certificate, the master is responsible with him for seeing that it 
 is properly exhibited on board when obtained ; this under penal- 
 ties. And penalties are also provided for the owner or master, 
 who plies for passengers, or who goes out to sea with passengers, 
 without proper certificates, or with numbers in excess of those 
 allowed by the certificate, and for the owner who does not 
 prevent these infringements of the Act on board his vessel. 
 
 Keeping Order amongst Passengers. — There are certain 
 statutory regulations as to the keeping order on board passenger 
 steamers which are given at length in the Appendix IV. 
 They give the master certain powers of apprehension of, and 
 constitute certain penalties for, persons who infringe them on 
 board of passenger steamers for which there is a passenger 
 certificate in force. It may be noted here that this stipulation 
 would not make the regulations apply to vessels which were laid 
 up in dock at the time, or which were coming alongside a 
 landing-stage for the purpose of taking passengers on board, 
 although they were habitually used as passenger vessels, and 
 although the results of wilful obstruction might be serious. At 
 the time that wilful obstruction of the machinery or tackle took 
 place the vessel would have to be a passenger steamer with a 
 certificate ; that is, have not less than twelve passengers actually 
 on board. These regulations, it may be briefly said, give 
 masters similar powers to those allowed to railway companies 
 by their bye-laws sanctioned by the Board of Trade, for dealing 
 with drunken or disorderly passengers, or such as persist in 
 boarding the ship or in travelling without paying their proper 
 fare or in obstructing the work of the ship. 
 
 The survey of passenger-ships as above detailed is not 
 required in the case of emigrant-ships, as the requirements in 
 their case cover all the ground and go a good deal farther. 
 This is, of course, right and proper ; for while cabin passengers 
 can, or ought to be able to, see that things are right for them- 
 selves, the emigrants would be much more at the mercy of an 
 unscrupulous shipowner. 
 
 Survey of Emigrant-ships. — The emigrant-ship, for which a 
 passenger certificate is not in force, must be surveyed before 
 any portion of her cargo is taken on board, or, if any has had 
 to be taken on board to ballast her, it has to be moved in 
 
68 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 accordance with the requirements of the emigration officer 
 superintending the survey, so as in turn to expose every frame 
 of the ship. 
 
 The emigration officer superintends the survey, but the 
 owner or charterer pays the expense, and the master, as well as 
 the owner or charterer, is liable for penalties if the require- 
 ments of the Act in this regard be not complied with. The 
 survey must be made by two or more surveyors appointed by 
 the Board of Trade where there is an emigration officer, and 
 where there is not, by an officer of customs at the port of 
 clearance. If the surveyors so appointed do not give a certifi- 
 cate of fitness, three other competent surveyors may be called 
 in, at the expense of those interested in the ship, and if they 
 unanimously report her fit she maybe allowed to proceed. A satis- 
 factory survey is a condition precedent to permission to clear. 
 
 Equipments. — The master is under penalties to see that the 
 emigrant-ship has at least three steering-compasses and an 
 azimuth compass ; at least one chronometer in a northern 
 voyage, and at least two if bound south of the equator ; such 
 fire-engine, with or without other fire-extinguishing apparatus, 
 as the emigration officer may approve ; and three bower anchors 
 and cables to the requirements of the same officer. In the case 
 of foreign ships there are certain small requirements, by no 
 means up to the standard required in this regard of British 
 ships, for the provision of lifebuoys and night signals. 
 
 Where Passengers niay be Carried. — The law is that no 
 passengers, steerage or cabin, may be carried on more than two 
 decks in the ship ; but one cabin passenger is allowed to be 
 berthed on a third deck for every hundred tons register of the 
 ship, and the ship's hospital may be situate in a deck-house or 
 round-house on a deck which is not a passenger deck. 
 
 Deck-houses, round-houses, or poops, in or under which 
 steerage passengers are to be carried, must be constructed to 
 the satisfaction of the emigration officer, and in such situations 
 there is a limit of one statute adult to fifteen superficial feet of 
 deck allotted to their use. On the lower passenger deck the 
 space is limited to one statute adult to eighteen superficial feet ; 
 this limit may be reduced to one statute adult to twenty-five 
 superficial feet where the 'tween decks is less than seven feet in 
 height (it is never allowed to be less than six feet), or where the 
 apertures for light and air together admitted are less than three 
 square feet to the hundred superficial feet of deck room. And 
 in these apertures side scuttles are not allowed for. 
 
 Exercise Decks. — There is a further qualification as to the 
 number of passengers allowed to be carried ; for the limit of 
 
THE BERTHS. 69 
 
 numbers carried must not be in excess of those who can have 
 allotted to them exercise room at the rate of five superficial feet 
 for each on the upper deck, or on a properly fenced round-house 
 or poop. 
 
 Decks to be kept Clear. — The space occupied by such personal 
 luggage of the emigrants as the emigration officer allows to be 
 carried there, is reckoned in the space allowed them in their 
 covered apartments. But no cargo or provisions, water or stores, 
 or what apparently amounts to emigrants' heavy baggage, may be 
 carried on the passenger decks, unless in the opinion of the 
 emigration officer it is properly stowed and does not impede 
 light and air. The space occupied by it must be deducted from 
 the space by which the number of passengers to be carried is 
 regulated. 
 
 Construction of Passenger Decks. — The beams on which the 
 passenger decks are carried must be part of the permanent 
 structure of the ship and of adequate strength, and the passenger 
 deck itself must be at least one and a-half inches thick and 
 securely laid. 
 
 The Berths.- — The berths must be in not more than two tiers 
 on each deck. There must be not less than two feet six inches 
 between berth and berth and between berth and deck, and the 
 lower berth must be at least six inches clear of the deck beneath. 
 No part of any berth shall be within nine inches of a 'tween 
 deck privy. They must not be less than six feet long, eighteen 
 inches wide, and numerous enough to accommodate all the 
 passengers included in the lists ; nor must more than one 
 person occupy each berth, save in the case of husband and wife, 
 or two females, or two children under the age of twelve. 
 
 The male steerage passengers over the age of fourteen (ex- 
 cluding those berthed with their wives) must be berthed forward 
 in a place separated from the others by a substantial bulkhead 
 without opening, or, where the ship is fitted loith enclosed berths, 
 in separate rooms. This last clause is that which enables third- 
 class and intermediate passengers to be berthed in a manner 
 similar to that which prevails amongst saloon passengers in 
 modern steamers. 
 
 The regulations as to where passengers may be carried, as to 
 exercise decks, and berths are all enforced by very substantial 
 penalties against owner, charterer, or master. 
 
 The next regulation is one for the observance of which the 
 master is alone responsible. Moreover, it is one which is much 
 more likely to be unwittingly infringed than any of those which 
 have been enumerated, for the construction and measurements 
 spoken of have all been checked by the emigration officers, and 
 
7 o 
 
 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 are therefore not likely to be found in default. But this" is one 
 which has no such saving inspection, and which may even occur 
 out of the jurisdiction. 
 
 It is to the effect that the emigrants' berths shall not be 
 taken down till forty-eight hours after arrival at the final port 
 of discharge, unless all the steerage passengers have voluntarily 
 quitted the ship before that time. 
 
 Regulations as to Privies. — Here again the master is alone 
 responsible. These also he is forbidden to take down within 
 forty-eight hours of arrival, unless all the emigrants have 
 voluntarily gone ashore before the expiration of that time. A 
 minimum of two privies must be carried in every emigrant-ship. 
 The maximum number enforced is twelve, firmly constructed and 
 properly maintained, and kept serviceable and clean throughout 
 the voyage. The carriage of every hundred steerage passengers 
 makes two extra privies beyond the statutory minimum neces- 
 sary. Where fifty female steerage passengers are carried, two 
 privies for the exclusive use of women and children must be 
 placed on the upper deck or under the poop. The number of 
 privies on each side of the ship must be equal. 
 
 Hospitals. — Steerage passengers must have hospitals for their 
 exclusive use, in the proportion of not less than eighteen super- 
 ficial feet of hospital accommodation to every fifty steerage pas- 
 sengers carried. The hospital must be properly fitted with bed 
 places, beds, and bedding and utensils to the satisfaction of the 
 emigration officer, and must be kept so fitted throughout the 
 voyage. The same officer must be satisfied with its isolation, 
 and also, apparently, with its sufficiency. Its position must be 
 either in a proper round-house or deck-house, or under the poop 
 or on the upper passenger deck. 
 
 Light and Air. — The emigration officer must be satisfied 
 with the provision for light and air in every emigrant-ship, and, 
 where the number of steerage passengers carried amounts to 
 one hundred, there must be an adequate and proper ventilating 
 apparatus to his satisfaction. The use of the whole of each 
 hatchway over their accommodation must be given to the steer- 
 age passengers, and over each must be fitted a booby hatch, or 
 other substantial covering, calculated to give the greatest possible 
 amount of light and air, and to afford the maximum of protection 
 against wet. Here, again, the emigration officer must approve 
 of the arrangements made. 
 
 Provisions, Water, and Medical Stores. — The master, 
 equally with the owner or charterer of an emigrant-ship, is 
 liable for the due fulfilment of the requirements as to the putting 
 on board the ship the requisite water, provisions, and medical 
 
PROVISIONS, WATER, AND MEDICAL STORES. 71 
 
 stores. In such vessels the crew and all other persons on board 
 must be catered for on a basis at least equal in quality to that 
 enjoined for the steerage passengers. The emigration officer 
 has to be satisfied that the requirements of the Act in this 
 regard are fulfilled, and on that account it is not necessary to go 
 so fully into them here. 
 
 But the master alone is responsible for the issue of pro- 
 visions and water during the voyage. Thus it becomes very 
 material to see what the regulations in this regard enjoin. 
 
 Water. — -The water must be carried in tanks or in casks 
 approved of by the emigration officer. If casks are used, they 
 must not exceed 300 gallons capacity each. The staves must 
 not be made of fir, pine, or soft wood, and they must be charred 
 inside, sweet, and of sufficient strength. The quantity to be 
 allowed for each statute adult is not less than three quarts a day. 
 And in addition to this there must be allowed ten gallons a day 
 for cooking purposes for every hundred statute adults on board. 
 "Where the vessel does not start with a sufficient amount of 
 water to cover the whole of the intended voyage, because it is 
 proposed to take in further supplies of water at some inter- 
 mediate port or ports, the vessel must, before clearance, be 
 shown to have sufficient storage accommodation to carry the 
 regulation amount for the longest stage of the proposed voyage. 
 Now it may be remembered that the Board of Trade fixes 
 schedules of what I have called "time scales"* for various 
 voyages, and upon these scales the amount of necessaries to be 
 carried in vessels is calculated. But where such intermediate 
 stages are intended, it may very well be that all the divisions of 
 the voyage are not provided for in the Board of Trade schedule. 
 In such cases the emigration officer at the port of clearance must 
 fix in writing the time-standard for such stage. But even if 
 there be no need for him to do that, he must have the pro- 
 posed arrangements as to calls at intermediate ports, and as to 
 quantities carried on each stage of the voyage, submitted to him , 
 and must give written approval of the course he agrees to. Such 
 written approval becomes a ship's paper, and must be exhibited 
 at intermediate ports and be delivered, when the ship comes to 
 her final port of discharge, to the chief officer of customs, or to 
 the British consular officer, as the case may be. 
 
 Further, an engagement to the effect that the ship shall 
 call at such intermediate ports must be inserted in the master's 
 bond. 
 
 The Merchant Shipping Act requires provisions and water to 
 be served out, as well during the period of calls at intermediate 
 * See Appendix V. 
 
J2 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 ports as during the sea-voyage. The Act recognises the custom 
 of dividing the emigrants into messes,* and requires the allow- 
 ances of food and water for each emigrant to be served out either 
 to the head man of the mess or to individuals composing it. 
 
 There is power reserved to the Board of Trade, in cases 
 where the measures taken for comfort and safety and the allow- 
 ances of supplies afforded are in excess of the requirements of 
 the Act, to exempt certain vessels from the general provisions 
 of the Act. It is under this power that the Board of Trade has 
 reduced the amount of provisions and water to be carried in 
 twin-screw ships (where the duplication of machinery has 
 reduced the possibility of undue prolongation of the voyage to a 
 very small minimum), to an extent below that fixed by their 
 ordinary schedule of time-scales for the voyages on which such 
 ships may be engaged. 
 
 Medical Stores. — The supply of medical stores on board must 
 be such as satisfies the requirements of a medical practitioner, 
 acting under the directions of the emigration officer (who may 
 act himself where a medical practitioner cannot be obtained for 
 the purpose), and must be such as he considers proper for the 
 intended voyage, in quantity, quality, and mode of packing. 
 Where a medical officer is carried in the ship, these stores must 
 be delivered into his charge, to be used at his discretion. The 
 owner or charterer has to provide the stores here, but the 
 master is under penalties that they shall be carried. But, as 
 the certificate of compliance with the requirements of the Act is 
 one of the papers which must be exhibited prior to clearance, 
 the master is not likely to be troubled in the matter beyond the 
 fact that it is necessary for him to see that his papers are in 
 order. 
 
 Dangerous Goods and Cattle. — The master, with the owner 
 or charterer of the ship, is liable to a very heavy penalty for 
 breach of the regulations as to the carriage of dangerous goods 
 in emigrantships. But these may be set aside by an order of a 
 Secretary of State, when the goods are shipped as military stores. 
 Such order is addressed to the emigration officer. 
 
 Dangerous Goods. — Dangerous goods include " explosives 
 within the meaning of the Explosive Substances Act, 1875." 
 These are defined by that Act to be 
 
 (1) Gunpowder, nitro-glycerine, dynamite, gun-cotton, blast- 
 ing-powder, fulminate of mercury or of other metals, coloured fires, 
 and every other substance, whether similar to those above men- 
 tioned or not, used or manufactured with a view to produce an 
 explosion or a pyrotechnic effect ; 
 
 * See Appendix VI, 
 
DANGEROUS GOODS AND CATTLE. 73 
 
 (2) And include fog-signals, fireworks, fuses, rockets, percus- 
 sion caps, detonators, cartridges, ammunition of all descriptions, 
 and any adaptation or preparation of an explosive as above 
 defined. 
 
 But besides " explosives," as thus explained, emigrant-ships 
 are not allowed to carry vitriol, lucifer matches, or green hides, 
 or, " either as cargo or ballast, any article, or number of articles 
 which, by reason of the nature, quantity or mode of stowage 
 thereof, are, either singly or collectively, likely to endanger the 
 health or lives of the steerage passengers or the safety of the 
 ship." The decision as to what does or does not fall within the 
 four corners of this provision lies in the hands of the emigration 
 officer. 
 
 Cattle. — In an emigrant-ship no pigs or male goats may be 
 carried and no more than six dogs. We may assume that all 
 vessels which are likely to-day to carry emigrants will be built 
 of either iron or steel. But cattle can only be carried in any 
 emigrant-ships under considerable restrictions. They cannot be 
 carried on any deck below the deck on which steerage passengers 
 are carried ; they cannot be carried in the same compartment ; 
 but it is not forbidden to carry them in an adjoining compart- 
 ment, where a watertight bulkhead, carried to the upper deck, 
 intervenes. As the cattle must thus be carried on upper decks, 
 they must not be carried in such numbers as not to allow deck 
 space for emigrants' exercise at least at the rate of ten superficial 
 feet for each statute adult. If the ship be under five hundred 
 tons she may not carry more than two head of cattle. For each 
 additional two hundred tons of her register she may carry one 
 additional head of cattle. But a maximum to be carried in any 
 emigrant-ship is fixed at ten head of " large cattle." This ex- 
 pression includes horned cattle, deer, horses and asses. One 
 head of large cattle is counted as equivalent to four head of 
 small cattle, in which latter expression are included sheep of 
 either sex and female goats. The equivalent number of such 
 small cattle may be substituted for some or for all of the large 
 cattle permitted. The arrangements for housing, feeding and 
 keeping clean of the animals, as well as the mode of stowing 
 their provender, are under the inspection and direction of the 
 emigration officer. 
 
 General Strength of Crew. — The emigrant-ship must be 
 efficiently manned according to the requirements of the emi- 
 gration officer, and when he has once passed the crew, its 
 strength may not be diminished, nor its individuals changed, 
 without written consent from him or from a superintendent. 
 If the latter is consulted, the document showing that he has 
 
74 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 consented to the change must be lodged with the emigration 
 officer within twenty-four hours. There is an appeal from the 
 emigration officer's decision in regard to the strength of the 
 crew, but this machinery can only be set in motion by the 
 owner or charterer, and need not therefore be mentioned here. 
 But it is well to observe that the penalties for breach of the 
 requirements are enforceable against the master. 
 
 Steerage Attendants. — Steerage attendants must be sea- 
 faring men ; that is to say, that, though they may not take part 
 in the navigation or work of the ship, they must be used to sea 
 life ; otherwise they might be useless through sea sickness when 
 most required. 
 
 Steerage Steward. — Where there are one hundred steerage 
 passengers, a steerage steward must be carried. His duties are 
 to serve out provisions, superintend the messing, and maintain 
 order, cleanliness, and discipline amongst the emigrants. 
 
 Steerage Cooks. — "Where there are one hundred steerage 
 passengers there must also be carried a steerage cook, or two 
 such, if there be more than three hundred statute adults. These 
 must be engaged in the duty of cooking for the emigrants, and a 
 place proper for the steerage cooking must be set apart for the 
 work, together with an adequate supply of fuel to the satis- 
 faction, in all these respects, of the emigration officer. 
 
 Interpreters on Foreign Emigrant Ships. — In foreign emi- 
 grant-ships, where one-half the steerage passengers are British 
 subjects, interpreters must be carried unless the master, and a 
 minimum of three of his officers, speak English. One inter- 
 preter, understanding and speaking both English and the lan- 
 guage of the master and crew, must be carried if the number of 
 steerage passengers is under two hundred and fifty, and two if 
 the number is in excess of that figure. Such interpreters must 
 have no other duty than to attend on the steerage passengers. 
 The fulfilment of these conditions is a condition precedent to 
 clearance, and a breach of any of them renders the master 
 liable to a fine. 
 
 Medical Practitioners. — A medical practitioner must be 
 carried where there are more than fifty steerage passengers, or 
 more than three hundred souls all told, aboard. He must be 
 duly qualified, have proper instruments, be rated on the articles, 
 and be approved by the emigration officer. In ships where the 
 majority, or as many as three hundred, of the steerage pas- 
 sengers are foreigners, the qualification will not be insisted on. 
 There are penalties for unqualified medical practitioners who 
 attempt to undertake this duty, and also for those who aid or 
 abet them in doing so^ 
 
MEDICAL INSPECTION. 75 
 
 Medical Inspection. — We have already seen that the medical 
 stores must be inspected and approved. The same authorities 
 must examine the emigrants and the crew, either on board or on 
 shore. They are entitled to a fee of 20s. for every hundred, or 
 fraction of a hundred, persons examined. A person who, by 
 reason of sickness, is unfit to proceed, or whose condition is such 
 that he is likely to endanger the health or safety of other 
 persons on board, may be prohibited from proceeding or, if 
 embarked, may be ordered to be re-landed by the emigration 
 officer. In such cases his effects and such members of his family 
 as, in the judgment of that official cannot properly be separated 
 from such person, must be re-landed also. The master has a 
 right to summarily remove any person who insists upon going 
 on board or refuses to re-land under such order of the emigration 
 officer. For disinfecting purposes other persons can be ordered 
 to be re-landed also. 
 
 If persons so re-landed do not re-embark, and so do not sail 
 in the ship, they are entitled, if emigrants, to the return of the 
 whole, if cabin passengers, to the return of one-half of the . 
 passage-money they have paid, on the delivery up of the con- 
 tract tickets. This money may be recovered summarily ; the 
 claimant need not wait to enforce his claim till the sailing of 
 the ship, and he may proceed against either the master, owner, 
 charterer, or the person to whom he paid it, at his option. 
 
 Subsistence-money is payable by the master at the rate of 
 eighteenpence a day for each adult steerage passenger so re- 
 landed, either to the person himself or, in case where he is 
 lodged and maintained in a Board of Trade hulk, or other estab- 
 lishment, to the emigration officer, until the time of re-embarka- 
 tion, or his refusal or neglect to proceed, or till the refunding of 
 his passage-money. 
 
 Passenger Lists. — The due fulfilment of the requirements of 
 the Act in regard to the passenger list is a condition precedent 
 to getting clearance, and the omission to fulfil them entails the 
 risk of heavy penalties. 
 
 The list is to be made out in the form directed by the Board 
 of Trade. It gives the name of the ship, her tonnage, her 
 master's name, and her destination, the aggregate superficial 
 feet in the several compartments set apart for steerage pas- 
 sengers, and the total number of statute adults (excluding 
 master, crew, and cabin passengers) which the ship may legally 
 carry. It also details in the case of all passengers, cabin as 
 well as steerage, the port of shipment, number of ticket, name, 
 occupation, age, sex, and condition (i.e., whether married or 
 single), nationality (showing English, Scotch, Irish, and 
 
76 THE LEGAL DUTIES OF SHIPMASTEES. 
 
 foreigners in separate columns), and the port to which each is 
 bound. 
 
 It also gives a summary showing under the heads of nation- 
 alities, as above, the number of male and female adults, children 
 and infants, and continuing to summarise them till the total 
 number of statute adults carried is shown. 
 
 This list must be made in duplicate, signed by the master and 
 countersigned by the emigration officer. When the master 
 seeks clearance he hands both copies to the customs officer, who 
 retains one and gives the other (or " master's list ") to the 
 master again. 
 
 If additional passengers of any class are thereafter taken on 
 board, the master must make out a fresh list containing such 
 names, treating them as the original names were treated in the 
 original list, and he must also add the new names and particulars 
 to his own list. Then the supplemental list must be counter- 
 signed by the emigration agent and be delivered to the customs 
 officer, who will then sign the supplemental part of the master's 
 list and restore it to him. In the case of ports where there is 
 no customs officer, the lists must be handed to the customs 
 officer at the next port where there is one stationed, and be 
 dealt with by him in the way indicated. 
 
 When required. — These lists are required to be made in every 
 ship carrying steerage passengers on a voyage from the British 
 Islands to any port out of Europe, and not in the Mediterranean 
 Sea, or on a colonial voyage. 
 
 Maintenance on Arrival. — We have seen that the steerage 
 accommodation must not be interfered with on arrival at the 
 port of final destination, unless all the emigrants have volun- 
 tarily left the vessel, till forty-eight hours after arrival there. 
 Unless the ship within that period leaves for the further prose- 
 cution of her voyage, the steerage passengers are, during that 
 forty-eight hours, entitled to remain on board and to be main- 
 tained on board as during the voyage. 
 
 Wrongful Landing. — Where a steerage passenger is landed 
 from a ship, even if not an emigrant-ship, at any port other 
 than that where he contracted to land, the master is liable to a 
 fine of ^50 for each offence, unless the passenger has previously 
 consented to the alteration, or the landing is rendered necessary 
 by perils of the sea or other unavoidable accident. 
 
 A somewhat involved section of the Merchant Shipping Act 
 is that which gives to the disappointed steerage passenger (or 
 any emigration officer on his behalf) the right to recover sum- 
 marily the passage-money he has paid, together with a further 
 sum (not exceeding ,£10) as compensation for loss of his passage 
 
SUBSISTENCE-MONEY. JJ 
 
 from the master, owner, charterer, or other person with whom a 
 contract of passage has been made, where a breach of such con- 
 tract has been committed. The provision applies to cases where 
 a contract of passage has been made in respect of such voyages 
 as require passenger lists {see above). The steerage passenger, 
 to be entitled to the benefit of the enactment, must have paid 
 his passage-money, if required to do so, and must have been at 
 the place of embarkation before 6 p.m. on the afternoon of the 
 day appointed for embarkation in the contract. The wrong for 
 which this remedy is given is either the not taking him aboard 
 the vessel at all, or, after taking him aboard, the not furnishing 
 him with a passage in the ship to the port whereat he had con- 
 tracted to land. But the contract is satisfied by obtaining for 
 him, and for the immediate members of his family who are 
 included in the contract, a passage in an equally eligible ship 
 which is to sail 'within ten days, and by affording them sub- 
 sistence-money meanwhile. 
 
 Subsistence-money. — Subsistence-money is payable when any 
 ship, even if not an emigrant-ship, does not put to sea and pro- 
 ceed on her voyage before three o'clock in the afternoon of the 
 day after that of embarkation. It is due to every steerage pas- 
 senger entitled to proceed in the ship, or if he be lodged in a 
 hulk or establishment under the Board of Trade, to the emigration 
 officer on his behalf. Its amount is eighteenpence per diem for 
 each statute adult for the first ten days of detention, and there- 
 after it rises to three shillings per diem. But in cases where the 
 detained passengers are maintained on board it is not payable for 
 the first two days after embarkation, and is not payable at all if 
 the wind, weather, or other cause outside the act or default of 
 the master, owner, charterer, unavoidably detain the ship. The 
 decision on the point is with the emigration officer. 
 
 Abstract of Act. — An abstract of the Merchant Shipping 
 Act, and of the Orders in Council under it, is prepared by the 
 Board of Trade, and the master of a foreign-bound passenger-ship 
 is entitled to four copies upon making application to the customs 
 officer at his port of clearance. He must, under penalties, keep 
 copies posted up in conspicuous places in the 'tween decks, where 
 the passengers are carried, and must produce a copy of the pas- 
 senger part of the Act to a passenger when asked to do so. 
 There are also penalties for those who deface the copies posted 
 up in the ship. 
 
 The Master's Bond. — The master of an emigrant-ship, before 
 clearance or proceeding to sea, has, in conjunction with the 
 owner or charterer of the vessel, or, in their absence, a good and 
 sufficient person approved by the chief officer of customs at the 
 
78 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 port of clearance, to give a bond to the Crown. This bond must 
 be executed in duplicate and is not liable to stamp duty. In the 
 ordinary course, when the ship is a British ship, the amount of 
 the bond is for ,£2000 ; but this is increased to ^5000 when 
 neither the owner nor charterer resides in the British Islands. 
 In that case it contains a stipulation beyond that contained in 
 the ordinary bonds, to the effect that the expenses of rescuing, 
 maintaining and forwarding to their destination any steerage 
 passengers carried in the ship, who, by reason of shipwreck or 
 any other cause (except their own neglect or default), are not 
 conveyed to their destination by, or on account of, the master, 
 owner or charterer of the vessel, shall be a Crown debt due to 
 his Majesty. 
 
 The ordinary condition of the bond is such as to guarantee the 
 seaworthiness of the vessel, her calling at certain intermediate 
 ports for the shipment of a sufficient supply of water, and the due 
 observance of all the requirements of the Merchant Shipping 
 Act in respect of her and her passengers (except in so far as these 
 apply exclusively to passenger brokers and emigrant runners) ; 
 that the master shall submit himself to the jurisdiction of certain 
 tribunals in the possessions of his Majesty abroad, which, accord- 
 ing to the Act, have jurisdiction for offences committed under it ; 
 and that he will pay all fines and forfeitures which, under the 
 Act, he shall be adjudged to pay, as well as all expenses (if 
 any) incurred on account of the ship by any Secretary of State, 
 governor of a colonial possession, or British consular officer. 
 
 The bond can only be put in force within three months of the 
 vessel's arrival at a port in a British possession to which she was 
 bound, or within twelve months of the return of the ship and of 
 the master to the British Islands. In the latter case, the master 
 is sued on the original bond ; in the former, the duplicate, which 
 has been countersigned by the chief officer of customs and for- 
 warded by him to the colonial governor, is the document upon 
 which the Court will take action, and the defences which the 
 necessity of formal proof of the signature and position of the 
 person so countersigning it, might afford are expressly avoided 
 by the Act. 
 
 Certificate of Clearance. — When all these multitudinous 
 requirements have been fulfilled, the master may apply to the 
 emigration officer for a certificate of clearance. Such certificate 
 shows that, as far as they can be complied with before the ship 
 sails, every requirement of the Merchant Shipping Act has been 
 fulfilled, and that the ship, her crew, and her steerage passengers 
 are all fit for the intended voyage, and that the master's bond 
 has been duly executed. The master, owner, or charterer can, at 
 
OBLIGATION TO ALLOW INSPECTION. 79 
 
 his own expense, by appeal to the Board of Trade, have two other 
 emigration officers, or any two other competent persons, called 
 in to examine into the matter and report, if the emigration 
 officer refuse his certificate. If these two certify that the ship is 
 fit to proceed their certificate is sufficient. Or the appeal may 
 be made to a Court of Survey. In that case the judge of the 
 Court reports to the Board of Trade, and, if his decision is in 
 favour of the ship, the Board of Trade directs the emigration 
 officer to issue his certificate of clearance. The penalty for emi- 
 grant-ships proceeding to sea without the certificate for clearance, 
 or having properly proceeded to sea and put into a British port 
 with damage, and leaving or attempting to leave with steerage 
 passengers on board without having the further certificate for 
 clearance, is forfeiture to the Crown. Such forfeiture may be 
 enforced by any officer of customs in his Majesty's dominions 
 within two years of the commission of the offence, and a vessel so 
 forfeited is treated as if forfeited under the customs laws. The 
 Board of Trade have power, if they think fit, to release a vessel so 
 forfeited on payment of a sum of money not exceeding ^2000. 
 
 Putting Back with Damage. — The master may not yet be 
 clear of his obligations, for the perils of the sea may cause him to 
 put into a port in the British Islands with damage. In such case 
 he must, within twelve hours, report in writing his arrival, the 
 cause of putting back, the condition of the ship, and of her pro- 
 visions, water and medical stores, and produce his list of pas- 
 sengers to the emigration officer at the port of refuge. 
 
 Duty of Masters Putting Back. — If after clearance a vessel 
 puts back or calls at another port in the British Islands, or is 
 detained at her sailing port for seven days, she must fill up with 
 provisions, water and medical stores at the ship's expense, effec- 
 tually repair any damage sustained, and obtain a fresh certificate 
 of clearance before she resumes her voyage. 
 
 Obligation to allow Inspection. — The master of any vessel 
 fitted to carry, or carrying, steerage passengers on a voyage, 
 such as those for which passenger lists are enjoined, must afford 
 every facility for inspection to emigration officers at all ports in 
 his Majesty's dominions. These officers must also be given 
 opportunity of communicating with the steerage passengers 
 and of ascertaining that the requirements of the Act in respect 
 of passengers and emigrants have been complied with. If the 
 ship be a British ship, the same facilities must be extended to 
 British consular officers in foreign ports. 
 
( 8o ) 
 
 CHAPTER IX. 
 
 MASTER'S FINANCIAL LIABILITIES. 
 
 Contents. — On Account of Charterer — On Account of Disbursements — 
 On Contracts in Excess of his Authority — For Acts of. Subordinates. 
 
 After the somewhat wearisome recitals of statutory obligations 
 on the master, we now turn to matters connected with cargo and 
 ship, where the principles of the law have some chance of being 
 discussed, and where our work is not merely that of cataloguing 
 a series of arbitrary, if well-intentioned, precautions. 
 
 On Account of Charterer. — "When we begin to speak of 
 cargo, it is necessary for the master to recollect that he has 
 much work to do (even though he may be paid by the ship- 
 owner) for the charterer. And his position in regard to the 
 charterer is much inferior to that which he has in regard to the 
 owner. For he is able, when dealing for the owner, to take his 
 remedy, if necessary, in rem ; that is to say, to proceed against 
 the security of the ship herself. But the ship is not the 
 charterer's property, and he is not usually himself the charterer's 
 servant. And thus it is that, unless what he has done is really 
 for the owner's, as distinguished from the charterer's benefit, 
 he is not able to proceed in rem for the recovery of what he 
 has done. Thus we see that, though principle sanctions the 
 suing of the ship for necessary disbursements made on owner's 
 account, the master has no such remedy against the ship when 
 he has spent money for the charterer. And, indeed, all through 
 his dealings with the charterer he must ask himself whether the 
 order given, or the indemnity offered, is really a thing which is 
 in the charterer's power. If it be not within such limits it may 
 prove a very dangerous trap for the unsuspecting master. 
 
 On Account of Disbursements. —The great importance of 
 this observation is apparent when we remember that the master 
 is in a totally different position to any other employe in respect 
 of disbursements for the necessary course of the business of the 
 adventure. The manager of a manufacturing place of business 
 may order goods to be sent to, or repairs to be executed at, the 
 establishment in charge of which he is placed, and it is obvious 
 
ON CONTRACTS IN EXCESS OP HIS AUTHORITY. 8 1 
 
 that, in a general way, those persons who execute such orders 
 look to his employer for payment, and accordingly do not give 
 credit to the person with whom they have direct dealings. In 
 such a case there is a presumption that credit is given to the 
 employer and not to the employed, though it is, of course, quite 
 possible for the employed, even in this case, to make himself 
 personally liable for the debts contracted by him on account of 
 the business. But in the case of a shipmaster the presumption 
 is the other way. The master has a personal liability for all 
 the contracts he makes for supplies or other necessaries ordered 
 by him on the ship's account, or for dues incurred, or for repairs 
 for whose execution he contracts. He must be careful, when he 
 has any reason to doubt the position of the owner for whom he 
 is acting, to make an express agreement with the contractor to 
 give credit to the ship and not to the shipmaster. Creditors, 
 though they have a remedy both against the ship and the 
 master, in the absence of express agreement on the point, 
 cannot proceed against one, and, if they fail, resort to the other. 
 A creditor is, as the law expresses it, put in such cases to his 
 election, and if he proceed against the shipowner and obtain 
 judgment he cannot, when he finds his verdict a barren one, 
 commence afresh against the master. And, in the same way, if 
 he elect to proceed in the first instance against the master, the 
 judgment in such a suit is a bar to later proceedings against the 
 shipowner. 
 
 It is possible, of course, that exclusive credit may have been 
 given to one or other of the parties, and, in that case, the other 
 could not be made liable. This is entirely a matter of evidence 
 in each particular case. For example, a ship repairer who had 
 received orders from an owner personally, in the absence of the 
 master, could hardly contend that he gave credit to the employe, 
 whom he had not seen, in preference to the employer, who had 
 actually given the order. 
 
 On Contracts in Excess of his Authority. — The master must 
 not forget that he can only bind his principals by his action in 
 matters which come within the scope of his authority, express 
 or implied. In the absence of express authority, the implied 
 authority seems to amount to an order to do that which seems 
 reasonably best for the shipowner's interests under any excep- 
 tional and unforeseen circumstances in which the master may 
 find himself at a critical period of the adventure. Where there 
 is a possibility of consulting the owners themselves before mak- 
 ing his decision in an important matter, and that without 
 running a risk of losing everything by a short delay, the implied 
 authority of the master would seem to warrant him in exercising 
 
 F 
 
8 2 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 far loss discretion than it would do where he was constrained to 
 
 ^Sont^ 
 
 ° f "ForlS Subordinates.-Not only is the shipmaster liable 
 on what he does himself, but he also has responsibilities for what 
 
 18 'rcol^onretThemaster is liable to third parties and to 
 his owners for damages caused by his own neghgence or mis- 
 
 C ° n This may include the want of an efficient crew or of proper 
 appliances for navigation. And in this way a liability for the 
 neg Igence of his Subordinates may be brought home to him 
 pe? onally. The master, too, may be liable for loss caused to 
 S Tig/owner by his own, or the ^f^.^^tht 
 of skill He is never liable, however, for the wilful acts of the 
 crew, or indeed of any one else. For though a man may be 
 liable for the negligence of other people with whom he is in 
 certain relationships, he can never be liable for the wrongful 
 acts of others than himself, when such acts are either wha the 
 law calls crimes or torts. The latter expression includes al 
 wrongful acts known to the law, short of crimes and offences ot 
 a criminal nature, which cannot be included in the term breach 
 of contract." 
 
( «3 ) 
 
 CHAPTER X. 
 
 THE MASTER'S DUTY IN RESPECT OF CARGO. 
 
 Contents. — Duty to Cargo Owner — Notice to Charterer — Receipt — 
 Stowage — Stowage on Deck — Special Statutory Requirements as to 
 Cargo — Dangerous Goods — Grain Cargoes — Definition of Grain — A 
 Ship laden with Grain — On what Voyages the Regulations apply — 
 Notices under the Act— Inspectors — Stevedores — Freight — Lien for 
 Freight — Lien for other Charges — Dead Freight — Demurrage — Ex- 
 tinguishment of Lien— Stoppage in transitu — Signing Bills of Lading 
 — Re-delivery of Cargo — In like Order and Condition — Implied Con- 
 ditions — Barratry — Barratry by Crew — Jettison — Cargo as Fuel — Sale 
 of Cargo by the Master. 
 
 Duty to Cargo Owner. — The master's duty in respect of the 
 cargo is a nominally somewhat limited one. He is not, of course, 
 the servant of the cargo-owner ; but, at the same time, he is 
 entrusted with the cargo-owner's property for hire, and is thus 
 in a position which demands that he shall act in regard to it as 
 a reasonable and careful man would do for his own goods if they 
 were in similar circumstances. 
 
 Notice to Charterer. — The master's duty in the first place 
 is to receive the cargo. Then the master has the duty laid upon 
 him of having it properly stowed. He must take care that the 
 ship is properly ballasted, supplied with sufficient and proper 
 dunnage and fit to receive her cargo, and that she is provided 
 with the proper appliances for taking it on board. As soon as 
 she is ready for the receipt of cargo, due notice must be given 
 to the charterer or to his agent. When the cargo begins to be 
 taken on board the manifest should be begun to be filled in, and 
 an accurate note taken of the numbers, marks, and condition of 
 the various packages, as well as of the names of the shippers and 
 consignees. The master's responsibility for the goods may begin 
 as soon as the packages are placed alongside. The custom of 
 the port of shipment may determine exactly when the liability 
 begins. 
 
 Receipt. — As the shipment proceeds, mate's receipts are 
 given for the goods, and when the operation is complete, these 
 receipts must be exchanged for the bill of lading. 
 
84 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 The master is responsible for proper stowage, and careless- 
 ness, either on his own or on the crew's part, in this work may 
 lay him open to an action for damages by the shippers. 
 
 Stowage. — The question of stowage involves knowledge of an 
 extensive range in regard to the qualities and susceptibilities- 
 of nearly every commercial article. Considerations of specific 
 gravity have to be given due weight, because the ship must be 
 sent to sea in a seaworthy condition. Considerations of suitability 
 have also to enter into the master's mind, because he must not 
 carry — if his ship is to carry emigrants — certain classes of cargo 
 which are enumerated elsewhere.* The peculiarities of the 
 goods shipped as cargo themselves have also to be considered. 
 Specie, for example, must be packed in a proper room, because 
 the cargo is here peculiarly liable to be stolen. Coffee must not 
 be stowed below hides, because the hides drain and the coffee is 
 ruined. Tea must not be stowed on deck, because it would most 
 certainly be spoiled if it were. Vitriol must not be stowed 
 below, because the custom of the trade allows it to be carried 
 on deck so as to be most easily thrown overboard when there 
 is need to do so. Meat and fruit must be carried in cool 
 chambers, owing to their inherent weakness and perishability. 
 Cattle must not be carried on a deck below emigrants owing to 
 statutory requirements. Grain must be stowed in bags, or with 
 shifting boards for the same reason. Coal must have sufficient 
 ventilation. Candles must not be put too near the boiler-room 
 bulkhead or they may melt. Oily waste and rags must be 
 treated as being peculiarly liable to spontaneous combustion. 
 
 Stowage on Deck. — Stowage on deck is presumed to be 
 wrong. It may either increase the risk to the ship and her 
 cargo as a whole, or it may be dangerous to the particular 
 parcels so carried. But the risk to the ship may actually be 
 minimised by carrying certain dangerous substances on deck, 
 whilst the owner may consent to the proceeding, or the custom 
 of the trade may allow certain classes of goods to be so carried. 
 Where there is neither custom nor consent, the loss through 
 excepted perils would not save the shipowner or master from 
 liability to make good the damage which the cargo-owner might 
 suffer. 
 
 There are also certain statutory enactments. In emigrant- 
 ships there is the rule that provisions, water or stores, as well 
 as baggage and cargo, shall not be carried on the upper deck 
 unless stowed and secured to the satisfaction of the emigration 
 officer, and carried in such a way as not to interfere with the 
 passengers' light or air. In vessels coming from foreign ports 
 * See page 72. 
 
STOWAGE ON DECK. 85 
 
 to ports in the United Kingdom with wood goods, there is a 
 penalty for the master (and for the owner, if privy to the 
 matter) if any such goods are "carried in any uncovered space 
 on deck, or in any covered space not included in the ship's 
 registered tonnage." Here "wood goods" mean " any square, 
 round, waney, or other timber, pitch pine, mahogany, oak, teak, 
 or other heavy wood goods." But this provision does not apply 
 save to vessels which arrive in the United Kingdom between 
 the last day of October and the 16th of April, nor to vessels 
 which actually do arrive within the dates named, but which 
 would not have done so in the ordinary course, through having 
 on the one hand made an exceptionally bad, or, on the other, an 
 exceptionally good passage. Moreover, a deck load not exceed- 
 ing a height of three feet of deals, battens, or other light wood 
 goods is allowed. So are spare spars to the number of five. 
 Nor will a master be punished for carrying on deck during the 
 prohibited period wood goods which he has considered it neces- 
 sary to bring up from below during the voyage through the 
 springing of a leak or through the occurrence, or apprehension, 
 of any other damage. All goods so carried on deck, whether 
 timber or otherwise, are measured, and the space they occupy on 
 the voyage included in the vessel's registered tonnage for the 
 assessment of dues, unless the vessel is employed exclusively in 
 the coasting trade or on inland waters or rivers. The Board of 
 Trade or Custom House officer takes measurements to ascertain 
 the space occupied by these goods, which is " the space limited by 
 the area occupied by the goods, and by straight lines enclosing 
 a rectangular space sufficient to enclose the goods." When the 
 cubical content of such space is ascertained by the officer, he 
 must enter it in the ship's official log-book and also in a memo- 
 randum to be given to the master. This memorandum must be 
 produced with the certificate of registry when the dues are 
 demanded. 
 
 This question of stowage on deck has its bearing also in 
 regard to the enactments as to safety at sea. 
 
 Special Statutory Requirements as to Cargo. — And here we 
 find that other matters of a similar kind are dealt with, and 
 must not be lost sight of by the master. Under the head 
 of " Duty towards the Passenger " we have seen that " danger- 
 ous goods " may not be carried in emigrant-ships. But that 
 does not exhaust the regulations on the subject. The Merchant 
 Shipping Act forbids any person, except the master or owner, to 
 send dangerous goods in any vessel without marking the pack- 
 ages themselves with the nature of the contents and at the same 
 time giving a written statement of the consignor's name and 
 
86 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 address and of the contents of the packages to the master, or 
 owner, at the time of shipment. 
 
 Dangerous Goods. — The expression " dangerous goods " here 
 means " aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer 
 matches, nitro-glycerine, petroleum, any explosives within the 
 meaning of the Explosives Act* of 1875, and any other goods 
 which are of a dangerous nature." 
 
 The master has a right to refuse to carry any package which 
 he suspects of containing dangerous goods, and may require it to 
 be opened in order that he may satisfy himself that its contents 
 are not of a dangerous nature. 
 
 Where any dangerous goods, or such as the master considers 
 dangerous, are sent on board without being properly marked, 
 the master may throw them, and the packages containing 
 them, overboard. No legal liability will attach to him for 
 doing so. 
 
 It will be seen that these provisions are very wide. Recent 
 cases have occurred in which goods, not usually, or at least not 
 previously, considered dangerous have caused great damage to 
 vessels, and in some cases actual loss. The enactment would 
 cover the master in dealing with any of these substances in any 
 way he might think fit for the safety of the ship, even if at the 
 time of the passing of the statute the substance was unknown or 
 considered harmless. 
 
 Grain Cargoes. — Grain is considered a dangerous cargo, 
 though not, of course, for the same reasons as those specified 
 under the head of " dangerous goods." The Act says that " All 
 reasonable and necessary precautions are to be taken in every 
 British ship for the prevention of the shifting of grain." And 
 certain regulations (set out in Appendix VII.) are enacted for 
 the guidance of those responsible for the loading of "grain- 
 laden " ships. 
 
 Definition of Grain. — Grain means " corn, rice, paddy, pulse, 
 seeds, nuts or nut kernels." 
 
 A Ship Laden with a Grain Cargo. — A vessel is considered, 
 for the purposes of the Act, to be a grain-laden ship when she 
 has on board a quantity of grain computed at more than one- 
 third of her registered tonnage. A special method of computa- 
 tion is afforded. Where the cargo is measured by weight, two 
 tons of weight is reckoned to go to one ton of her registered 
 tonnage. Where a measure of capacity is employed, 100 cubic 
 feet of cargo is reckoned to go for one ton of the vessel's regis- 
 tered tonnage. 
 
 For the due observance of the regulations affecting grain- 
 * See page 72. 
 
NOTICES UNDER THE ACT. 87 
 
 laden ships the owner, his agent, and the master are each and 
 all liable in heavy penalties. 
 
 On what Voyages the Regulations Apply. — The regulations 
 apply to all grain-laden British ships from the Mediterranean or 
 Black Seas, bound to ports west of the Straits of Gibraltar, and 
 also to those sailing from ports in North America. 
 
 Notices under the Act. — The master is responsible for the 
 delivery, either before such a vessel leaves her final port of 
 loading, or within forty-eight hours thereafter, to the British 
 consular officer (if the port is a foreign port) or to the chief 
 officer of customs (if the port is in a British possession), of a 
 notice stating the vessel's draught and clear side when her load- 
 ing was completed, the kind of grain she has shipped, and the 
 amount. Such amount may be expressed either in tons, cubic 
 feet, bushels, or quarters. It must also state how the grain is 
 stowed, and the precautions taken against its shifting. 
 
 With all ships, whether in cargo or in ballast, the master 
 has to make a declaration in due form as to what he has on 
 board to the customs within twenty-four hours of arrival at a 
 port in the United Kingdom. When the cargo is grain, he 
 must, in addition to this, give the customs officer a similar 
 notice to the one which he delivered to the officer at the 
 loading port. 
 
 Inspectors. — The Board of Trade has power to appoint in- 
 spectors for the purpose of seeing that the provisions of the 
 Act are carried out, and such inspectors must be given informa- 
 tion and facilities for inspection and for seeing if the require- 
 ments of the Act have been observed. 
 
 There is a statutory penalty for carrying cargo in the 
 engine room. 
 
 Stevedores. — When the crew are not employed in loading, 
 stevedores are appointed. The stevedore's men are in no case 
 the servants of the shipowner. The master stevedore may be 
 either employed by the shipowner, or by the charterer, or by 
 the shipper, and though he may be appointed by one other than 
 the shipowner, it may be agreed that he is to work under the 
 control of the master, if such stipulation be made ; or if the 
 charterer, where he has the power to do so, does not exercise 
 his option, the master is responsible for the loading of the ship. 
 The rule as laid down by the Court of Common Pleas was that 
 " the master is not liable for acts of the stevedore not done in 
 pursuance of the master's orders. For the master is not liable 
 unless in case of a contract made by him, or of some act 
 done by him or the crew for which he is responsible." But 
 where a ship is chartered and no intimation that she has been so 
 
88 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 chartered is given out, the shipper whose goods are injured by 
 the improper stowage of the stevedore may look to the master 
 and shipowner for damages. For the ship is responsible 
 for the loading,- in the absence of notice that she is under 
 charter. 
 
 To sum up, the ship is prima facie liable for bad stowage 
 where the cargo-owner's stevedore did not do the work. But 
 the shipper's knowledge that the ship was under charter and 
 being loaded by the charterer's stevedore will make him look to 
 the charterer. The shipper may lose his right to compensation 
 from assent to the mode of stowage, or by the fact that the 
 master and shipowner did not, and could not reasonably have 
 been expected to, know the inherent weaknesses in itself 
 which led to the damage sustained by the cargo. The master 
 has a duty to see that the ship is not overloaded, that there is 
 room for her necessary tackle and provisions, and that the 
 revenue laws are not infringed. This latter duty is important, as 
 breach of these laws — as well by members of the crew as by the 
 master — may lead to forfeiture of the ship. If the master takes 
 dangerous goods without being led to do so by misdescription 
 on the part of the shipper, so that there is no warranty on the 
 part of the shipper that the goods are fit for shipment, they are 
 then taken at ship's risk, as far as damage to goods other than 
 themselves is concerned. But the Merchant Shipping Act now 
 enacts penalties for those who hand in dangerous goods for 
 shipment without notice, and it enables the master to refuse 
 to accept packages which he suspects, or, if he has already 
 accepted them, to throw them overboard. Very heavy penalties 
 are provided for persons who ship such dangerous goods without 
 proper marking and written notice of their contents. Those 
 who send such goods under a false description are liable to still 
 heavier penalties. 
 
 Freight. — The general rule as to the earning of freight is 
 that it is payable when the goods are at the port of discharge 
 ready for delivery. This readiness for delivery is one of the 
 essentials to the right to receive freight. But the rule has 
 certain exceptions. For example, where a state of war has 
 occurred and the port named in the bill of lading is closed by 
 a belligerent power. Here the freight would be earned when 
 the goods were ready for delivery at the nearest open port. 
 And this though in the ordinary course an owner who was 
 forced to take delivery at an intermediate port would not be 
 compellable to pay any freight. Where goods are lost or 
 damaged during the voyage the rule is that freight is payable 
 in respect of goods which arrive, even if damaged ; but not in 
 
FREIGHT. 89 
 
 respect of a consignment, or part of a consignment, which is 
 wholly lost. But if only part of it be lost, the freight for the 
 part delivered is still payable. If it be impossible to deliver 
 the goods at the port from some regulation which prohibits the 
 landing of goods of the class of which the consignment consists, 
 the freight is still earned, and the master has to do the best he 
 can for the cargo-owner. If that involve the carriage of the 
 goods on the return voyage that will entitle the ship to the 
 homeward, as well as to the outward, freight. 
 
 Freight cannot be recovered for the carriage of goods on an 
 illegal voyage. 
 
 In the case of live animals, in the absence of express stipula- 
 tion, there is no freight payable on such as die at sea and are 
 thrown overboard. But if the animals are landed, though dead 
 or injured by causes outside the control of the master and crew, 
 the right to full freight accrues. Sometimes part, or the whole, 
 of the money payable for the carriage of the goods passes before 
 the commencement of the voyage. This case we need not dis- 
 cuss, as it has no bearing on the master's position, save to say 
 that in such cases he will, of course, have notice of the fact in 
 the documents and give credit accordingly. 
 
 Where a defined sum per ton is payable for the ship's 
 capacity, freight is payable on the whole, though the ship be 
 not filled by the charterer. But where an entire ship is re- 
 served and a rate per ton or per package for goods loaded 
 agreed upon, the freight is payable only on the number carried, 
 such numbers are reckoned usually at the port of discharge, 
 unless " intake measurement " is specifically mentioned. 
 
 When under time charter, the charter-money is payable till 
 the date of the ship's delivery to her owners. And the fact that 
 she was under repair at the owners' expense part of the time 
 will not disentitle them to payment for that period, if she were 
 in good condition when the charter began, and if there was no 
 waste of time over the operation. No deduction can be made 
 from freight on account of damage to the goods, or of short 
 delivery. The consignee may bring an action or counterclaim 
 in respect of such matters, but their alleged occurrence does 
 not free him from the obligation to pay freight. 
 
 Lien for Freight. — It is important for the master to have 
 some general knowledge of the matters affecting the amount of 
 freight payable in certain cases, and of the circumstances which 
 disentitle him to demand any at all, because in his hands the 
 law has placed a lien for freight. This lien is somewhat differ- 
 ent from the maritime lien, which we have already discussed. 
 It more resembles the liens which we meet with on land in the 
 
90 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 case of innkeepers, carriers, and persons who have done work 
 upon materials, for in the case of the maritime lien there was 
 no necessity for any physical possession, by the persons claiming 
 under it, of the thing against which the claim was made. It is 
 otherwise here. The master has possession of the cargo for the 
 purpose of carrying it. His lien for freight allows him to retain 
 that possession until his freight is paid. This right is one 
 which springs from the common law, and does not in any way 
 arise from the contractual rights given him under the charter- 
 party or bill of lading. But stipulations such as the following, 
 ' ' that the freight shall not become payable till after the delivery 
 of the cargo," will destroy the right to the lien. For pos- 
 session must here be parted with before the freight can be- 
 come due, and when possession is lost the lien is gone. There 
 would, of course, be no lien for freight in a case where the con- 
 tract of carriage has not been properly fulfilled, as where the 
 vessel has not yet brought the goods to the port of destination 
 named in the bill of lading. Again, supposing that in some 
 way the shipowner has a claim for money due from the shipper 
 not directly for the carriage of or charges upon the goods in 
 hand, that does not entitle the master to exercise his lien upon 
 them, for he might by doing so be prejudicing the rights of 
 some third party to whom the goods were transferred. And 
 not only can the lien only be exercised for the carriage of the 
 particular goods, but it can only be exercised for the benefit of 
 the ship. The consignor cannot insist upon its exercise for his 
 benefit. 
 
 The master need not retain the whole parcel in order to 
 maintain his lien. But he can only retain the whole, or a part 
 of a parcel, for the freight in respect of the payments due upon 
 that particular parcel and others carried in the same ship on 
 the same voyage from the same shippers and for the same con- 
 signees. 
 
 He cannot enforce the lien if foreign correspondents of his 
 owners are entrusted with the duty of collecting the freight. 
 And it is undecided whether, when the goods are transhipped, 
 he can, at the same time, transfer to those who take them on, 
 the lien for freight which he would have had, had he himself 
 been able to take on the goods to their destination. 
 
 Lien for other Charges. — His lien extends to more than 
 mere freight, namely, to necessary charges incurred by him for 
 the benefit of the cargo ; that is to say, either for charges in- 
 curred for the preservation of the goods themselves, when 
 accident befalls them, or for average charges when sacrifices 
 have been made, or for charges properly incurred for the pre- 
 
DEAD FREIGHT. 9 1 
 
 servation of the whole adventure. In the latter case the goods 
 must pay their share of the expense, and the master has a lien 
 upon them for it. 
 
 There is thus a lien enforceable for average contributions 
 and for salvage payments. But there is none for pilotage, or 
 for port charges, or for wharfage, or for damages for breach of 
 the covenants in the charterparty, or for demurrage. But where 
 the custom of the trade shows a special lien, such may be en- 
 forced, provided the parties were aware of the usage. 
 
 But the parties' rights as to lien can be limited or extended 
 as convenient, by the wording of the contract. Thus it is often 
 arranged that there shall be a lien for " dead freight " and for 
 demurrage." 
 
 Dead. Freight. — It is difficult to give an exact definition of 
 what constitutes " dead freight." Roughly speaking, it is the 
 freight payable in respect of the quantity of cargo which has not 
 been shipped, in cases where it has been arranged to ship a full 
 cargo. Where the charterparty has so fixed the amount to be 
 paid for short loading that it shall be ascertainable by calcula- 
 tion, then there may be a lien for it. But where the terms 
 of the charterparty are such that the amount payable for dead 
 freight must be what lawyers call " unliquidated damages," 
 there is no lien for it. This explanation unfortunately lands 
 us in another definition, for we must get to understand what 
 " liquidated " and " unliquidated " damages mean. In a con- 
 tract it sometimes happens that the parties fix a sum of money 
 and say that where a breach of the contract occurs such and 
 such a sum shall be paid not as a penalty but as liquidated 
 damages. That is to say, the parties to the contract, who, when 
 making the agreement, have the best reasons for knowing what 
 loss a breach of its provisions will entail, agree that the damages 
 arising from its breach will be best met by such and such a sum 
 to make good the loss sustained. But it generally happens that 
 contracts do not contain any provision as to what shall be 
 payable if their provisions be broken. In such cases the law 
 courts are usually appealed to and a jury asked to assess the 
 amount of damages which will compensate for the breach. Now 
 the damages, that have not yet been so awarded, but which it is 
 presumed will be given, are spoken of as "unliquidated damages." 
 
 To apply what we have said to the case of dead freight, 
 where a full and complete cargo has been promised, and it is 
 known that such a cargo has not been shipped, it is obvious that 
 the shipowner has suffered a wrong at the hands of the shipper. 
 
 It is obvious, too, that the shipowner is entitled to some 
 money compensation for this wrong, but the contract is silent 
 
92 THE LEGAL DUTIES OP SHIPMASTERS 
 
 as to what amount of money he is to have, and there are no 
 figures available from which an idea may be accurately arrived 
 at. A jury will have to be called upon to decide the amount. 
 It is clear that, for so uncertain an amount as this, it is im- 
 possible for a lien to be exercised, for the shipmaster would have 
 no data to guide him in fixing the quantity of cargo which he 
 should retain to cover the amount of the charges. And so it 
 comes that it has been said that where the dead freight is 
 unliquidated damages there is no lien for it.* 
 
 Demurrage. — Demurrage, again, is a troublesome matter to 
 define. It has a very elastic meaning according to the context 
 in which it is employed. Strictly speaking, demurrage is a fixed 
 sum of money payable at the rate of so much a day, or so much 
 an hour, for detention of the ship for a certain number of days 
 beyond her lay days. It is sometimes, on the other hand, where 
 no rate has been fixed, an unliquidated sum which is given as 
 damages for the undue detention of the vessel. 
 
 There is a great deal of difficulty in stating in a work of this 
 kind, shortly and concisely and in a comprehensive form, the law 
 as to lien for demurrage, as the matter is complicated by the 
 fact that demurrage can be incurred either at the port of load- 
 ing or at that of discharge. The probability is that the master 
 will be advised, before he is called upon to discharge his cargo, 
 as to what rights have accrued to him in respect of the loading. 
 
 In any case he ought, if possible, to take advice before he 
 exercises his lien, as the consequences of wrongfully refusing to 
 deliver up cargo may be very serious. Where no advice is to be 
 obtained, and there is a stipulation in the contract that demur- 
 rage shall be payable at such and such a rate, he will not go far 
 wrong in exercising it ; but where the demurrage claimed is of 
 the wider character, he must proceed with the greatest caution. 
 
 So, too, in the cases where the contract of affreightment gives 
 a lien for unliquidated damages, as it must there be very diffi- 
 cult to ascertain the amount which may really be due. 
 
 Extinguishment of Lien. — The lien is extinguished, of course, 
 by payment, or by the giving up of the possession of the goods. 
 Such possession, however, is not lost when the goods are deposited 
 in a warehouse under the exclusive control of the master or ship- 
 
 * I have endeavoured to explain this matter by assuming that " dead 
 freight" might still be "dead freight," though it were unliquidated. 
 High authorities seem to think that such damages cannot be strictly 
 called " dead freight." I do not think this is the place to review these 
 authorities and try to arrive at a reconciliation. It would be enough for 
 our purpose if some guide, as to when his lien is or is not enforceable, is 
 given to the shipmaster. 
 
SIGNING BILLS OP LADING. 93 
 
 owner, or in any warehouse where they are held by the order of 
 the master till the charges due shall be paid. For such action 
 makes the warehouse-owner the agent of the lienholder, and so 
 does not displace the master's possession. 
 
 Landing in obedience to Government regulations at certain 
 docks or wharves, again, does not bar the right to lien, even 
 though notice to the effect that the goods are to be held till the 
 charges are paid, has not been given. 
 
 Payment may be made in other ways than by the acceptance 
 of cash. It may be by bill. The negotiation of such an in- 
 strument is evidence that it was accepted as payment and that 
 the right to lien was given up. 
 
 It may be that the ship is chartered on time charter, and 
 that the master is the servant, not of the shipowner, but of the 
 charterer. In such cases, where it is quite clear that the ship- 
 owner has given up possession of the ship to the charterer, the 
 latter stands, as far as the cargo rights are concerned, practically 
 in the shoes of an owner, and has all the rights of lien which an 
 owner would have, and the master can then exercise them on his 
 behalf. 
 
 The master has such a special property in his ship as to 
 entitle him to sue in his own name in respect of freight due to 
 her. He may do so on the contract to pay, even though he 
 have parted with his lien. And he may also sue for demur- 
 rage. But in these cases he will most certainly be in a position 
 to take legal advice, and it is therefore needless to go into these 
 matters. 
 
 Signing Bills of Lading. — The master has certainly no right, 
 in spite of all that has been said to the contrary, to sign bills of 
 lading before the goods are to his knowledge in the ship. He 
 gives a bill of lading against mate's receipts for the goods. And 
 it is perfectly obvious that this is so. He is dealing, in regard 
 to the cargo, as the servant of the shipowner, not of the shipper. 
 And the bill of lading affects other people beside even those 
 two. It is a negotiable instrument, and may pass through the 
 hands of bankers and others after leaving the hands of the con- 
 signee. The consignee, and those who take it from him, accept 
 the bill of lading as a valuable document because they are led 
 to believe that the shipmaster, an independent person of re- 
 sponsible position, has asserted that the goods named in the 
 document have been received aboard his ship. If he sign the 
 bill before the goods are on board, and they in fact never are 
 shipped, he gives an opportunity to a dishonest shipper to trade 
 on the master's credit with fictitious documents. No trade custom 
 will excuse that. 
 
94 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 If any analogy were needed to emphasise this proposition, I 
 might instance the case where a shipper, having delivered goods 
 for shipment, demanded to have them back. It was held that 
 his right to do so was gone, because he had transmitted one of 
 the bills of lading to the consignee at the port of discharge. He 
 had, in fact, created a negotiable instrument and parted with it, 
 and re-delivering the goods to him would not put things in their 
 original position. 
 
 Stoppage in transitu.— The consignor, however, may have a 
 right in certain cases to what is called stoppage in transitu; that 
 is to say, if the consignor or seller of the goods be owed money 
 in respect of them by the consignee, and, before the goods are 
 out of the shipmaster's control, it comes to light that the con- 
 signee is insolvent or bankrupt, the unpaid vendor or consignor 
 has the right to stop delivery of them. This right is founded 
 on the fact that the shipmaster and shipowner are, for the 
 purpose of the carriage of the goods, the agents of the sender. 
 Whilst, therefore, the things comprised in the bill of lading are 
 still in the agent's control, there is still no parting with their 
 possession in law on the part of the consignor, though it may be 
 that he has entered into such agreements that, in the absence of 
 something unforeseen (such as the insolvency of the consignee), 
 the machinery he has set in motion will not let him touch them 
 again. That being so, the duty that is laid upon the master, in 
 the interests of third parties, does not justify him in insisting 
 upon delivery of the goods to the consignee to the prejudice of 
 the consignor, when the latter has, in sufficient time, given 
 notice that he intends to exercise his right of stoppage in 
 transitu, and has told the master to withhold delivery. 
 
 It will be seen that the master's action in withholding 
 delivery under these circumstances can prejudice nobody, for 
 the consignor, whose orders he obeys, must see him harmless 
 from the results of the stoppage, if there turns out to have been, 
 in fact, no right to stop. The consignee and claimants through 
 him are not prejudiced, because the goods are only stopped (not 
 re-delivered to the consignor), till their respective rights are 
 settled, and if the consignor had in fact no right to order the 
 stoppage a remedy will be available against him in damages. 
 Thus if, before the master stopped the goods, the consignee had 
 endorsed the bill of lading over to some third person for a valu- 
 able consideration (that is to say, money or money's worth), the 
 consignor's right to stop would be defeated, and the consignee's 
 endorsee could claim delivery all the same. But that would not 
 affect the master, for he would surrender the goods when proof 
 of the existing state of things was made clear, and the con- 
 
RE-DELIVERY OF CARGO. 95 
 
 signor's authority would cover what he had already done. 
 Stoppage by the master is no longer possible when he has once 
 given up possession. 
 
 If proper notice to retain the goods be given in proper time, 
 and the master fail to exercise it, he lays himself and his owner 
 open to an action in damages by the consignor. 
 
 Signing Bills of Lading. — In signing the bills of lading the 
 master must be careful as to the identity of and character in 
 which the person in whose favour he signs appears, for there 
 was a case some years ago in which a master, who knew that his 
 ship was to be loaded for the charterers, signed some bills of 
 lading in favour of the charterer's agent, not specifying him in 
 his capacity of such, but as for a private individual. Here the 
 master was obviously in the wrong, for his doing so opened the 
 door to the possible commission of fraud, and deprived those who 
 were concerned in the carriage and purchase of the cargo of a 
 safeguard to which they had reasonably looked. 
 
 Re-delivery of Cargo. — If, however, the voyage had not 
 commenced when the consignor gave notice of his desire to stop 
 the goods, and sought re-delivery to himself then and there, the 
 master would not be bound to re-deliver them without more 
 ado, for he had acquired a right under the contract of affreight- 
 ment to earn the freight by carrying the goods, and the ship's right 
 in respect of that would have to be regarded and arranged for. 
 
 So, too, when there is no question of stoppage in transitu at 
 all, and no danger of the rights of third persons being prejudiced 
 by the change of mind of the shipper, the master, having once 
 received the goods, has a right to earn the freight in respect 
 of them and the shipper cannot have them back by simply 
 demanding them before the ship sails. The hardship of allow- 
 ing him to do so is sufficiently obvious, for they might be 
 stowed at the bottom of the hold, and their re-delivery might 
 involve great trouble and expense and even the delay of the 
 ship. This, in a general ship, might be a serious matter indeed. 
 The master in such a case has a right to demand an indemnity 
 against any possible claim by holders of the bills of lading, as 
 well as the freight to which he would have become entitled by 
 carrying the goods to their destination, and any reasonable 
 expense of getting them out. Where it would be obviously 
 impossible to re-deliver them without delaying the ship, the 
 shipper would have either to undertake to pay the demurrage 
 or, in most cases, would be better advised probably to let the 
 ship go and to pay the freight out and home. 
 
 Mate's Receipt. — For his own protection the master must 
 be careful to receive the mate's receipts for the cargo shipped 
 
96 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 in exchange for the bill of lading. If he part with the bill 
 without getting the receipt against it he may find himself in a 
 considerable difficulty. Where no receipts are given he must, 
 for similar reasons, take care that the shipper duly receives the 
 bill of lading. 
 
 Bill of Lading. — The bill of lading is an acknowledgment 
 by the master of the receipt by him of the goods named in it. 
 It must be stamped with a sixpenny stamp, and that cannot be 
 done after the bill has been executed. The master's duty under 
 the bill is to deliver the goods to which it refers to the persons 
 specified in it at the place and under the conditions therein set 
 out. The bills are usually made out in sets of three, and one of 
 them is kept by the master for his own reference. He can 
 only deliver the cargo against the presentation of one of these 
 bills, all conditions referred to in them having been performed. 
 
 The bill of lading being a formal document, signed by the 
 master himself, he cannot, after signature, say that it is in- 
 accurate in its particulars. He is bound by that to which he 
 has set his hand. It is, therefore, highly incumbent upon him 
 to know that the statements as to weight, number, measure, 
 and condition therein contained are accurate. And he must 
 insist that any words which he knows to be untrue are struck 
 out. He must also view with suspicion any request after sig- 
 nature of a bill, or bills, made to him to sign further bills or sets 
 of bills. Having once signed, whether singly or in duplicate, 
 his power of signing is terminated, and he may lay himself open 
 to legal proceedings if the bills he signs subsequently are con- 
 verted to improper purposes. In signing his bills of lading he 
 must be careful to see that he does* not sign clean bills when in 
 fact the goods are not in a satisfactory condition. He had 
 better not take them at all than sign under such circumstances. 
 Where there is any external sign of damage he should be care- 
 ful to note it. If due care be given to the execution of the 
 duty of seeing that the bill is accurate before signature, and 
 that all the conditions named in it are fulfilled before delivery 
 of the cargo to the consignee, the master will have little con- 
 cern with the large body of case law which deals with the 
 subject. 
 
 But there is one thing that he should remember here. It is 
 
 * The practice of signing clean bills of lading against an indemnity 
 given by the shipper came out in evidence in the case of Dartois v. Lmdner 
 tried in June 1902. The judge who heard the case commented very 
 strongly upon the impropriety of the alleged custom, which, however, 
 seems very prevalent, at least in some trades. There is still a good deal 
 of discussion regarding the rights and wrongs of the practice. 
 
1JN L.LKH UKDKK AND CONDITION. 97 
 
 this, that though he may have a lien for demurrage expressly 
 provided by his charterparty, and a right to sue the consignee 
 for freight under the general law, he has no right, in cases 
 where the form of the bill of lading gives the consignee the 
 right to delivery on "paying for the goods as per charter- 
 party," to exercise his lien, or to sue the consignee, for demur- 
 rage at the port of loading. For that the consignor must be 
 looked to. 
 
 In like Order and Condition. — The master by the bill of 
 lading usually undertakes to deliver the goods in like order and 
 condition as he received them. But he does not guarantee that 
 the goods shall turn out as they were shipped. For the excep- 
 tions in the contract of affreightment protect him from being an 
 absolute insurer, and the goods may deteriorate from what is 
 called " their own inherent vice." A definition of what this 
 expression means is best afforded by an illustration or two. In 
 the case of a shipment of grain, where the cargo turns out 
 heated and spoiled, there may be several causes for the trouble. 
 There may have been defective ventilation, which is a matter 
 for which the ship is responsible, unless exceptional weather has 
 rendered proper appliances ineffective. There may have been 
 wetting. That might arise either from improperly secured open- 
 ings, for which again the ship would be liable ; or from exception- 
 ally heavy weather, for which there would be no liability in a 
 sound and properly managed ship. Again, it might arise from 
 improper stowage — where a ship was constructed in an unusual 
 way so as to have exceptional heat in that part of the hold which 
 adjoined the boiler-room bulkhead ; or it might arise from the 
 condition in which the grain was when it came to the ship- 
 master's hand. If it came damp or green, and in an improper con- 
 dition, and if the deterioration arose from that, it would be said 
 that the cargo was damaged by its inherent vice, and the ship- 
 master and owner would be free from liability. That is one 
 class of case, the inherent vice of inanimate objects. The other 
 is the inherent vice of living creatures. Where the cattle on 
 board a cattle-ship die or where a racehorse, properly tended 
 and placed in a proper stall, breaks its neck, or kicks so that 
 it injures itself, that again is a deterioration by its inherent 
 vice. The master's duty at sea to the cargo is only to keep it 
 with such reasonable precautions as its own nature, and the 
 nature of the sea transit through which it is passing, mutually 
 allow and require. Reasonable care must in all cases be taken, 
 and the weaknesses of the particular class of goods carried must 
 be studied. Coal, for example, needs exceptional ventilation, 
 and living animals must be fed. But a large animal which 
 
 G 
 
98 THE LEGAL DUTIES OP SHIPMASTERS. 
 
 needs much exercise must do the best it can without that, be- 
 cause the nature of the ship is such that it cannot be exercised 
 under any circumstances. 
 
 Implied Conditions. — There are certain implied conditions 
 in the contract between the shipowner, or master, and the 
 owner of the cargo, These are the already mentioned guarantee 
 of seaworthiness, the guarantee that she shall be employed, 
 navigated and conducted as well in observance of the laws of 
 her own flag as of the law of nations. Thus she must not be 
 sent on an illegal voyage. She must have also all necessary 
 documents and papers and she must do nothing which is likely 
 to lead to the confiscation of the cargo-owner's property or the 
 vitiation of his policies of insurance. 
 
 Deviations. — The master must also adhere to the contracted 
 voyage unless the absolute necessity of the case requires him to 
 make a deviation. For the underwriters are not answerable for 
 loss where there is a voluntary departure from the usual course 
 of the voyage, even if such loss occur after the vessel has re- 
 turned to her proper route. The questions of extra risk or of 
 the deviations being trifling ones are not regarded at all. Let 
 there be a wilful deviation proved, and that is enough. But 
 something of the kind must have actually taken place to free 
 the underwriters ; a mere order that the ship is to make a devia- 
 tion is not enough if she were lost before it actually occurred. 
 
 Liberty to touch and stay at any port or place admits of the 
 taking in and discharge of cargo provided the vessel be not 
 thereby delayed and the risk be not altered. 
 
 Ports of call or of discharge must be taken in the exact order 
 in which they are named, though this rule may be qualified by 
 the proof of a trade custom. 
 
 Where there is liberty to call at all ports and places on the 
 voyage, strict geographical sequence must be observed. 
 
 Where the words in any order are added, even then the ship 
 must call for some purpose connected with the voyage, and she 
 must put into them in geographical order in course of the voyage, 
 and the ports must be such ports as are substantially upon the 
 voyage. 
 
 The burden of proof in regard to alleged deviations lies on 
 those who assert that such have been committed, and it is well 
 to remember that great weight is given in these cases to reason- 
 able and accepted trade usages. 
 
 Although evidence of the general custom of the trade is 
 always admissible, verbal evidence, as to the knowledge on the 
 part of those who complain of the deviation that such deviation 
 was intended, is not allowed to be heard on account of the rule 
 
DEVIATIONS. 9 
 
 that the intention of a written document cannot be altered b 
 oral qualifications and explanations. 
 
 Unreasonable delay in the inception or during the course ( 
 the voyage amounts to a deviation. 
 
 The making of a deviation, being a breach of the terms ( 
 the charterparty and vitiating the cargo-owner's policies of ii 
 surance, lays the master and owner open to actions for damag< 
 sustained by what has been done. The master would also t 
 personally liable to the holder of a bottomry bond if the shi 
 were lost on a deviated voyage. But involuntary changes < 
 course, or such as are affected by compulsion or necessity, ai 
 not deviations. For example, when the vessel goes out of h< 
 Course to escape an enemy or through stress of weather or t 
 threats of violence. Mere change of berth in a harbour do< 
 not amount to a deviation. Nor does the going to a port o 
 the course of the direct voyage to repair injuries which canni 
 be made good at any port on the usual course. As it is f< 
 the benefit of all connected with the sea that help should 1 
 rendered to a distressed ship, the rendering assistance for li 
 salvage is not a deviation. But the departure from the propi 
 course must be no greater than the necessity of the case abs 
 lutely requires, and the vessel must, at the earliest possib 
 moment, get back on her direct course again. This can be doi 
 by going on to one of the ports to be visited in the further pr 
 secution of her voyage. She need not go back to a port fro 
 which she was driven nor need she go round two sides of 
 triangle at sea to get on the direct line of route. 
 
 A change of voyage is sometimes very difficult to distinguii 
 from a deviation. But it is a more deliberate matter, and is 01 
 which concerns the owner more especially, as it must general 
 be arranged for at the port of outfit, and we need not therefo: 
 go into it here. 
 
 Barratry. — One of the master's duties is that of not coi 
 mitting barratry. The expression is one commonly used : 
 policies of insurance, and has been defined by Lord Ellei 
 borough. He said: " A fraudulent breach of duty by tl 
 master in respect of his owners ; or, in other words, a brea< 
 of duty in respect of his owners, with a criminal intent or i 
 malificio, is barratry." But others than the master can comm 
 the offence, and it may be committed against others besides tl 
 shipowners. 
 
 It is obvious that, in taking the onerous and responsib 
 position of shipmaster, there is an implied undertaking that tl 
 man who accepts the position will act honestly and reasonab 
 according to his lights. Further, that if he does not do s 
 
IOO THE LEGAL DUTIES OF SHIPMASTERS. 
 
 there is personal responsibility in him towards those who have 
 suffered by his wrongful act, to make good, as far as may be, the 
 loss they have sustained ; and in cases where the acts done 
 amount to criminal offences, the person transgressing will be 
 liable to punishment. It is also to be borne in mind that, 
 though one man may be responsible for the acts or omissions of 
 another in so far as there may be a breach of contract or a 
 failure to do, or an excess in doing, that which falls within the 
 ordinary scope of a servant's or an agent's duty, no man is respon- 
 sible for what another man does criminally. 
 
 Barratry is not a peril of the sea, and a master who is also 
 sole owner cannot commit it, because in that case he has no 
 owners or co-owners, and a man cannot commit this offence 
 against himself. 
 
 Smuggling is barratry ; so is trading with the enemy, or the 
 avoidance of payment of dues. There must be a wrongful intent 
 to constitute the offence. Mere error of judgment, however 
 gross, will not amount to barratry. It may be that the offence 
 committed by the master, though done with a wrongful intent 
 against others, was really intended to benefit those with whom 
 he was concerned in the venture, whether as shipowners or as 
 cargo-owners. But that does not prevent its being barratry. 
 The wrongful intent is there, and that is sufficient. 
 
 Barratry can also be committed by the shipowner where he 
 does, or connives at, something with wrongful intent to the 
 prejudice of the charterer, who has for the time being the sole 
 control of the ship. 
 
 The casting away a ship, or the attempt to do so, whether by 
 act on board the vessel herself, or by the exhibition of false 
 lights from the shore, or from another ship, is barratry. So is 
 the plundering or destruction of the cargo, whether on board the 
 ship or when wrecked. 
 
 Barratry by the Crew. — A recent case has reminded us that, 
 though the owner, may not be responsible for barratry committed 
 by the master or mariners, there is a distinct duty in the master 
 to take every needful precaution against the possibility of the 
 commission of barratry by others. If proper care be not taken 
 to avoid the possibility of a dishonest member of the crew taking 
 advantage of his position, such breach of duty on the part of 
 the ship's officer may render the ship liable, not for barratry, it 
 is true, but for negligence, and in the result the effect is the 
 same. 
 
 When the voyage commences, the master, having received 
 the cargo-owner's goods as a bailee for hire, is placed in a position 
 of trust in regard to them, and he has to study and arrange for 
 
CARGO AS FUEL. IOI 
 
 the interests of the cargo-owner as well as for those of the pas- 
 sengers, crew, and shipowners. When difficulties arise and 
 accidents happen we have seen that he can make use even of 
 the services of the passengers. In the same way he must do the 
 best he can with the whole adventure by the sacrifice, if neces- 
 sary, of the property of some of those who have trusted him with 
 their possessions. 
 
 Jettison. — This can only be done in case of necessity. Neces- 
 sity will excuse him in throwing overboard either the tackle of 
 the ship, including her spars, or in jettisoning the cargo or part 
 of it. It would, of course, be a very extreme case which would 
 justify the complete jettison of cargo. He may not throw over 
 a single pound more than he, as a reasonable man, considers 
 vitally requisite. 
 
 Cargo as Fuel. — In the same way, in the case of steamships, 
 the guarantee of seaworthiness makes it necessary to carry an 
 adequate supply of coal for the contemplated voyage or stage to 
 the next coaling port. But it may be that breakdowns or heavy 
 weather delay the ship and the supply of coal becomes exhausted. 
 In such a case the master would be justified in burning wooden 
 fittings of the ship or in taking out part of his cargo to use as 
 fuel for the purpose of reaching a port of refuge. But in that 
 case he would be bound to make for the nearest safe port and 
 would not be absolved if he went on to a more distant port on 
 the supplies drawn from so expensive a source, and from one 
 which only the dire necessity of the case gave him any right 
 to tap. 
 
 When such sacrifices as these have been made for the benefit 
 of the whole adventure, all the interests concerned must contri- 
 bute to the recompense of those whose goods were sacrificed. 
 
 For the benefit of all the sacrifice was made. There was 
 no time or opportunity to take an equal value from each interest, 
 and so all contribute towards the settlement of the average loss. 
 The expense of putting back through accident or stress of 
 weather is also the subject of average contribution. But 
 absolute necessity is the sole excuse and justification for the 
 jettisoning of cargo. Mere convenience will never justify it. 
 
 Sale of the Cargo by the Master. — The master has a right to 
 sell the cargo under certain circumstances. This is done for the 
 sake of the cargo-owner. It is done against the interest of the 
 shipowner, as it causes a loss of freight. It can be, therefore, 
 only done in extreme cases. The master's justification for such 
 action requires proof of two facts : first, that he was not in a 
 position to communicate with the owner of the cargo so as to 
 get his instructions and sanction as to the measures proposed 
 
102 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 to be taken in respect of his property ; secondly, he must show 
 that the sale was an absolute necessity. If he fail to establish 
 these two points, he may be sued by the owner of the cargo for 
 wrongful conversion of the property entrusted to him. 
 
 Such absolute necessity to sell may be seen in the case of 
 cargo brought into a port of refuge, where the master cannot 
 proceed for need of repairs to his ship and cannot get tranship- 
 ment,* or thinks it inadvisable to do so. He is not absolutely 
 obliged even to attempt to get another bottom to take forward 
 the cargo. He may not have the means to charter it, or he may 
 not think it worth while to do so. Again, in the case of perish- 
 able cargoes, he may find that, though the ship is able to pro- 
 ceed, the cargo is damaged, and that that damage is of a nature 
 which will be aggravated by want of immediate attention. 
 Take the case of sea-damage to a grain cargo. Here there are 
 two courses open to him : he cannot let the damage be seriously 
 aggravated for the want of some slight attention ; he may land 
 the cargo and have it dried. If it is then fit to proceed he may 
 detain the ship for it and so earn his freight, or he may save 
 the detention of the ship by providing another vessel to take the 
 stuff forward when ready, and thus, by incurring a certain ex- 
 pense, earn the freight and clear for his owners the amount by 
 which the whole freight payable exceeds the cost of hiring 
 another conveyance for the remaining part of the journey. 
 Here is a matter in which the circumstances of every case must 
 be the sole guide to the master in his action. The factors upon 
 which his calculation must be based are necessarily the extent 
 to which the cargo needs instant attention, the proportion of 
 the voyage yet remaining to be performed, the ease with which 
 tonnage can be procured, as well as the detention which his 
 ship would suffer in waiting for the cargo to be ready for reship- 
 ment. He has to remember that here he has duties to the 
 shipowner, whose servant he is, but that at the same time he 
 has responsibilities to the cargo-owner who has hired him to 
 deliver the cargo at the port of discharge, and he must do the 
 best he can for both parties. 
 
 * The question of the advisability of transhipment may be considered 
 from two points of view. It may be desirable to tranship for the benefit 
 of the shipowner so as to secure the freight. Or, again, it may be desir- 
 able to tranship for the benefit of the cargo-owner, so as to secure the 
 market for his goods. Both these matters are entirely within the discre- 
 tion of the shipmaster, and depend entirely on the facts of the case. If 
 he determine to tranship for the benefit of either of these interests he 
 becomes their agent for the purpose, and has a right to reimbursement 
 for reasonable expenses. Here, again, no means of communicating with 
 those interested can be neglected before serious steps are taken, 
 
SALE OF THE CARGO BY THE MASTER. 103 
 
 It must be remembered, however, that his duty to the cargo- 
 owner would not compel him to put into a port of refuge to dry 
 sea-damaged cargo where the ship herself was quite able to per- 
 form her voyage. The risk of increased damage from the cargo 
 heating after being wetted by heavy weather is one of the risks 
 which a man who sends goods by sea must be prepared to face, 
 even when he sends it by the best constructed modern vessels. 
 
 This duty to the cargo can only arise when the vessel is in a 
 port of call or of refuge for other reasons than the actual damage 
 to the cargo. 
 
 The precise question which arose in the case of Notara v. 
 Henderson is one which will not be likely to come before the 
 master, save when he is able to act under the direction of the 
 shipowner, for this was a case where some beans were shipped 
 from a foreign port to Glasgow. Through the occurrence of 
 certain perils of the sea the goods became wet and the vessel 
 put into Liverpool for repair. The cargo-owners desired to have 
 delivery of the goods then and there at Liverpool, so as to have 
 immediate opportunity for minimising the damage they had 
 sustained, and they offered to pay pro rata freight. The request 
 was refused, and the beans taken on to Glasgow, so that full 
 freight might be earned. The delay in drying the damaged 
 cargo very greatly aggravated the loss. The Courts did not 
 decide that the cargo-owners were entitled to delivery on 
 tender of pro rata freight, but they held that the conduct of 
 those interested in the ship was unreasonable ; for, though the 
 master was entitled to take the goods on, and to earn the full 
 freight contracted for by doing so, he had no right to take 
 them oh in their then condition, for it was proved that slight 
 delay to the ship would have enabled them to have been dried 
 at Liverpool. This would have been done, of course, at the 
 cargo-owner's expense, and would have been a reasonable 
 attempt to minimise his loss. In this case, it will be noted, the 
 events happening at a home port, the master was obviously 
 acting under his owner's orders. But the case is a valuable 
 one, nevertheless, because it shows us that, where a master has 
 to act for himself, he must be reasonable and remember that, 
 though he has a right, and a duty, to earn all the freight con- 
 tracted for, for his employer, he also has duties to the cargo- 
 owners, and he must not let the avoidance of a small incon- 
 venience to the ship cost the cargo-owner a great and avoidable 
 
 loss. 
 
 Where the expense attendant upon the treatment ol the 
 goods is such that the master cannot in any other way raise the 
 money for the operations necessary for their preservation, he 
 
104 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 has a right to sell part of them ; and where he raises money 
 by other means than sale, he has a lien on them for the money 
 he has properly expended in their preservation. 
 
 Being entrusted with the cargo in the way we have seen, he 
 has also a right, where the goods have been lost or damaged by 
 collision abroad, to institute proceedings against the colliding 
 ship for the benefit of those with whose interests he is charged, 
 and, having this implied power to act for them, he has a cor- 
 responding right against them to be reimbursed for his expenses. 
 But here, again, he would be wise to take every possible oppor- 
 tunity of communicating with those whose interests he represents 
 and of taking their instructions. 
 
 In cases of damage to the ship, when money must be raised 
 for her repairs, so as to enable her to complete her voyage, the 
 master may raise it by selling part of the cargo. But the 
 extent to which he may exercise this power depends upon the 
 necessity of the case, and must be limited to a part of the cargo 
 merely. For the law allows a part of the cargo to be sold for 
 this purpose, because it holds that, when the ship is incapable of 
 carrying any of the cargo forward, it is to the benefit of the 
 owners of the goods in her that some at least of their possessions 
 should reach their destination, and if that can only be attained 
 by the sacrifice of some of them, that sacrifice must be made. 
 But the whole reasoning on which the power to sell in this case 
 is based would fall to the ground if the whole of the interest 
 were to be disposed of. Of course, in a case of this kind, the 
 person whose goods were sold for this purpose would have rights 
 against the ship for the damage he had suffered for her benefit. 
 In this case, again, communication would have to be made with 
 the cargo-owner if it were possible. 
 
 The whole of these questions must be judged by their 
 reasonableness. The master must do the best he can for all 
 concerned. He is supposed to take all the facts before him into 
 consideration ; but he cannot, of course, weigh factors of which 
 he is ignorant. His conduct will be judged on the facts as they 
 appeared to him at the time he arrived at, and acted upon, his 
 decision. Subsequent developments may show clearly that his 
 view was quite erroneous. But if he arrive at his conclusions 
 reasonably and carefully he will not be held to blame. Where 
 goods are sold abroad the purchaser will obtain a good title to 
 them, even if it prove that the action of the master in selling 
 them was unreasonable, 
 
( io5 ) 
 
 CHAPTER XI. 
 
 THE MASTER'S^ DUTY IN CASE OF CASUALTY. 
 
 Contents. — Cases of Collision — Good Defences — Both to blame — Points 
 arising out of the Law of Collision at Sea — Report of Accidents — 
 Salvage — Forfeiture of Right to Award — Receiver of Wrecks — Deposi- 
 tions as to Wrecks and Wreckage — Duty to Underwriters — Duty in 
 Case of Wreck to Crew — To Steerage Passengers — To Passengers of 
 any Class. 
 
 In Oases of Collision, caused by the negligence of the master, 
 he, as well as the ship, is liable to persons injured by the occur- 
 rence, and he has a further liability to his employer for the 
 injury the latter may have sustained through his carelessness or 
 culpable wrongdoing. In practice, of course, these remedies 
 against the master are not usually resorted to. 
 
 Negligence in these cases may be something beyond " a 
 want of that care and vigilance which is due to the security of 
 other vessels that are navigating on the same seas, and which, 
 if so far neglected as to become, however unintentionally, the 
 cause of damage of any extent to such other vessels, the mari- 
 time law considers as a dereliction of bounden duty entitling 
 the sufferer to reparation in damages." This is wide enough, 
 especially when we remember that it includes " improper navi- 
 gation " ; that is to say, covers disobedience to any of the 
 regulations for the prevention of collisions at sea, and also 
 compels the maintenance of a proper look-out. But these 
 things affect the master merely. There may be cases in which 
 the owner may be fixed with responsibility for negligence which 
 contributes to collision. That would be in such a case as one 
 where a vessel might be sent to sea undermanned or with 
 defective steering gear, or with engines which would only be 
 reversible with great difficulty or considerable delay. But even 
 in such case there might be some responsibility in the master, 
 for he should know of these defects and refuse to go to sea till 
 they were remedied. 
 
 The responsibilities of those who are entrusted with the 
 navigation of tugs and tows are even heavier than those of 
 ordinary navigators. The tug, though it is the motive power of 
 
106 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 the partnership, is not the predominant partner in the eye of 
 the law. The master of the tow, or her pilot — if she have one 
 on board — is charged with the duty of directing the manoeuvres 
 of the tug. And thus it is that the tow is responsible at law 
 for the wrongful acts of the tug, unless, indeed, she can prove 
 that the acts were so sudden that there could be no time to 
 control or correct them. But if, through the tug's negligence, 
 the tow has to pay compensation, there is a right to the latter to 
 recover what she has paid against the offending tug. 
 
 Good Defences. — There are three cases in which a ship which 
 causes damage by collision may escape paying compensation for 
 the damage she has done. 
 
 The three defences are : 
 
 (i) That the vessel was at the time in charge of a pilot by' 
 compulsion of law. This point is discussed in a subsequent 
 chapter. 
 
 (2) That she was acting under the orders of a harbour 
 authority, whose orders she was bound by law to obey. Here 
 not only is proof that this was the fact an answer to the claim 
 of the vessel with which she collided, but it is also a good ground 
 for her recovering from the authorities the amount of the damage 
 which she herself may have sustained. 
 
 (3) That the collision was the result of inevitable accident. 
 In all these cases, of course, the burden of proof is laid upon 
 the person who sets up such a defence. But in this last case 
 the defence is perhaps most difficult of all to carry through. 
 For those who set it up must show that they were not only in 
 no way negligent, but that there were no defects in the vessel 
 or in her equipment which they knew of, or even which they 
 ought to have known of, which in any way contributed to the 
 accident. For example, there was a recent case in which two 
 vessels were in collision, and the ship, whose action caused the 
 collision, set up this defence and said that the accident occurred 
 through the failure of her steering gear. That was proved to 
 be so. But that proof was not enough to get rid of her liability, 
 for the failure of the gear was due to the stretching of the 
 rudder-chains, and that was a thing which did not occur in a 
 moment. It ought to have been found out before. Where an 
 accident might have been prevented if proper and reasonable 
 measures had been adopted in due time, it is not an inevitable 
 accident. It is not inevitable merely because it could not be 
 prevented at the very moment it occurred. 
 
 It may be added here, though the point is more one for 
 lawyers and shipowners than for shipmasters, that the liability 
 of colliding ships responsible for damage done by their default 
 
BOTH TO BLAME. 107 
 
 can, by statute, in this country be limited in ordinary cases to 
 an amount of _^8 per ton of the ship's registered tonnage for 
 damage to another ship, her cargo, and the effects on board of 
 her. Where, however, there has been loss of life or personal 
 injury on the non-offending vessel the limit is extended to ^15 
 a ton. But the extra ^"7 a ton is only applicable to compensa- 
 tion for loss of life and personal injury ; no more can be 
 recovered for the goods and vessel because of the aggravation 
 of the disaster. The tonnage is reckoned on a steamer's gross 
 register, less certain deductions for crew space, and legal steps 
 have to be taken to limit the liability. 
 
 Formerly only vessels on the register could take advantage 
 of this right to limitation. But as there had been instances of 
 hardship through vessels getting into trouble on their trial trips, 
 and thus before they were registered, an Act of Parliament 
 passed in 1898 gave the benefit of the right to limitation to 
 vessels built in the King's dominions, even if unregistered, as 
 far as concerns any casualty occurring within three months of 
 their launch. 
 
 Both to Blame. — There has been of recent years a great deal 
 of discussion going on in certain, perhaps somewhat academical, 
 circles about our English rule of " both to blame." Our law 
 does not pretend to adjust the blame with microscopic accuracy 
 Lord Stowell expressed the possible positions as four. 
 
 " In the first place," he said, " it may happen without blame 
 being imputed to either party, as where the loss is occasioned by 
 a storm or any other vis major. In that case the misfortune 
 must be borne by the party on whom it happens to light, the 
 other not being responsible to him in any degree." 
 
 v This, of course, would cover a case where the defence of in- 
 evitable accident was set up and sustained. 
 
 " Secondly, a misfortune of. this kind may arise where both 
 parties are to blame ; where there has been a want of due dili- 
 gence or of skill on both sides. In such a case, the rule of law 
 is that the loss must be apportioned between them as having 
 been occasioned by the fault of both of them." 
 
 k "Thirdly, it may happen by the misconduct of the suffering 
 p|,rty only ; and then the rule is that the sufferer must bear his 
 own burden." 
 
 " Lastly, it may have been the fault of the ship which ran 
 the other down ; and in this case the injured party would be 
 entitled to an entire compensation from the other." 
 
 The second case is the one of "both to blame." Our rule of 
 law is that in such a case each party has to bear his own costs, 
 andj if there are cross-actions, each recovers half the damage he 
 
108 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 has sustained from the other. Supposing, however, that one of 
 the offending ships here had a pilot compulsorily in charge at thf 
 time and it was the pilot's fault that this vessel was to blame, the 
 other vessel, though having to pay half to the piloted vessel, 
 would fail to recover her own half from her. 
 
 A paper read by His Honour Judge Raikes, K.C., at an 
 International Congress on this subject, stated that Great Britain 
 and the United States are the only two countries which follow 
 this rule. There are three other ways of dealing with the 
 damages. In Turkey and Egypt the Courts divide them 
 according to the respective values of the ships. In Germany, 
 Holland, Italy, Russia, Austria, Uruguay, Spain, the Argentine, 
 Chili, Venezuela, Mexico, and Peru, neither party can recover 
 anything. Lastly, in eight countries, namely, France, Belgium, 
 Portugal, Norway, Sweden, Denmark, Greece, and Roumania, 
 the damages are divided in such proportion as the Court con- 
 siders proper, to make the damages payable by each pnrty fit the 
 gravity of the offence he has committed. This last is the rule 
 which the reformers wish to see adopted by our own Courts. 
 The reason put forward is that it is hard on those who may have 
 scarcely committed more than a technical breach of the rules to 
 be treated with the same measure as those who have navigated 
 with absolute recklessness. At all events, under present cir- 
 cumstances, though all seafarers are bound to obey the same 
 regulations for the avoidance of collision, the effects of breaking 
 them are very different according as one or other port of refuge 
 may be taken by a disabled ship after collision. 
 
 Points arising out of the Law of Collision. — There are 
 some other points arising out of the Law of Collision at Sea 
 which it may be advisable to notice. First, that the rule of law 
 is that the damaged ship has a light to be made good by the 
 wrongdoer. All repairs rendered necessary by the collision 
 must be executed at the wrongdoer's expense, even if the 
 result of the whole is to make the ship more valuable than she 
 was before. 
 
 Beside repairs, certain direct consequential damages will be 
 recoverable. Mere prolongation of the voyage which causes a 
 loss of market is not considered. But loss of freight, or loss of 
 the benefit of an agreement previously made, or the expense of 
 maintaining the crew during the repairs are natural conse- 
 quences of the collision. So, too, there may be further 'damages 
 to the ship herself which the offending ship may be responsible 
 for. And here the master must remember that he must act 
 reasonably and without panic, and do the best that can be done, 
 even if he think a claim may hereafter be brought against the 
 
iwi^io amoiBU OUT UF THJS LAW OF COLLISION. 109 
 
 colliding vessel. Any ill results to the non-offending ship which 
 flow directly and reasonably from the damage sustained may be 
 recovered, but such as arise from the unreasonable conduct of 
 the master and crew will be lost. Thus, if the master pre- 
 maturely and unreasonably abandon the injured vessel, and if, 
 in the opinion of the Court, she might have reached a port of 
 safety if he had stood by her, there will be no recovery of 
 damages as for a total loss. This, however, will not bar the 
 right to damages for such injury as did actually arise from the 
 contact. Again, if the master properly abandon her and she 
 drift ashore and become a total loss through the effects of the 
 disablement brought about by the collision, the whole loss falls 
 on the colliding vessel which caused the collision. If, after she 
 has been disabled by collision and properly abandoned, a third 
 vessel pick her up and tow her into port, the payment for salvage 
 will be recoverable from the colliding ship. Where a vessel is 
 damaged, but repairable, allowance for net freight which might 
 have been earned, and for demurrage is given in settling the 
 amount of her claim. 
 
 Though a right to repair may accrue in this way, there is no 
 right to repair a constructive total loss ; that is to say, where a 
 ship, when repaired, will not be worth what was spent in re- 
 pairs, there is no right to make her seaworthy again. She ought 
 to be treated as a total loss and sold for what she will fetch. In 
 this, as in all other matters of the kind, the master must not say 
 to himself, " It does not matter what I do, or what expenses are 
 incurred, my owner will get them out of the other side." That 
 line of argument is morally wrong, and, moreover, it will not 
 hold water. For the master must act as a reasonable man would 
 do, if he were dealing with his own or his employer's money. 
 Obedience to this rule is a double protection, for it helps to 
 ensure that the damages shall be recovered from the other side, 
 and, at the same time, it tends to preserve the master against 
 the possible consequences of extravagance if there is any failure 
 to recover, for then he will have been spending his own em- 
 ployer's funds, and will get credit for having administered them 
 with caution. 
 
 The master and crew are not obliged to remain on board 
 after a collision if that would entail extraordinary risk to them- 
 selves. They have the duty of exercising ordinary nautical skill 
 and courage laid upon them, and that is all. The master, too, 
 must get assistance if it be possible to do so, should that assist- 
 ance be necessary for the purpose of getting the vessel into port. 
 The Merchant Shipping Act makes it incumbent on the master 
 of a ship which has been in collision to stand by the other vessel 
 
110 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 and to render her needful assistance, as well as to give her the 
 name of his ship and of the port to which she belongs, and the 
 names of the ports between which she is sailing at the time. 
 Neglect to. obey' this duty is a misdemeanor in the master, and 
 it has the further effect of creating a legal presumption that his 
 vessel was in default for the contact. But where the fulfilment 
 of this obligation would cause risk to his own vessel an,d to 
 those who are on board of her, his duty to his own people 
 excuses him for immediately making the best of his way into 
 safety. 
 
 There is also a statutory obligation on the master to, 
 as soon as practicable, make an entry of the occurrence in 
 his log-book and to have it witnessed by the mate or other of 
 the crew. 
 
 Report of Accidents. — There is another regulation under 
 the Merchant Shipping Act, which applies not only to collisions, 
 but also to any material accidents sustained by a British ship 
 and by any foreign steamships carrying passengers between 
 places in the "United Kingdom. It is to the effect that, when- 
 ever such a vessel has sustained or caused any accident, occasion- 
 ing loss of life or serious injury to any person, or received any 
 material damage affecting her seaworthiness or efficiency, either 
 in hull or machinery, a report must be made. The obligation to 
 make this lies, under penalty, equally on master and owner. 
 Particulars of the damage and of its probable cause must be 
 given, as well as the name and official number of the vessel, her 
 port of registry, and the place at which she is. The report must 
 be made within twenty-four hours of the occurrence (or as soon 
 thereafter as possible) and be transmitted to the Board of Trade 
 by letter. 
 
 Salvage. — Salvage can be obtained in respect of the recovery 
 of (a) a navigable thing or of (b) any property or (c) life which 
 has been aboard of her. But there are certain essentials which 
 must be found in the service to make it salvage. The salvor 
 must be voluntary. There must be no pre-existing covenant 
 that connects the claimant with the duty of employing himself 
 for the preservation of that ship. The application of this rule 
 is that which excludes the master, crew, pilot, and passengers of 
 a vessel from claiming salvage in respect of her, though it is true 
 that some of these classes of persons may justify claims. 
 
 The same rule often prevents tugs from substantiating their 
 claims. When they undertake to tow vessels they bind them- 
 selves to run the risks of ordinary bad weather in the service ; 
 on the other hand, they do not guarantee to perform the service 
 absolutely, nor do they undertake to do more than use ordinary 
 
SALVAGE. I I I 
 
 nautical skill ; so here, too, there are cases where tugs have 
 succeeded in recovering salvage for services performed in respect 
 of the vessels they have been towing. 
 
 Then there is the question of risk. The risk to the salvor is 
 not an essential element in the service, though it enhances the 
 amount of the award. But that the thing salved should have 
 been in peril is necessary to constitute the service. The danger- 
 need not be imminent, and the subject of the service need not 
 be in actual danger at the time. But assistance given when a 
 vessel is in a " position of reasonable apprehension of real 
 danger " is of the character of salvage. 
 
 And, further, though the service given may not actually put 
 the thing served into absolute safety, it must be of such a nature 
 as to have contributed to that end. The most usual example of 
 this point is seen in cases of salvage by towage. A vessel may 
 tow for a long time and take a vessel a considerable distance at 
 great risk to herself, and yet receive no award, for she may 
 have left the tow in a worse position than she found her. On 
 the other hand, she may not take her far, and yet, by putting 
 her in the track of other vessels, do her a considerable service, 
 and so earn a proportionate award. 
 
 In cases of towage, where salvage agreements are made be- 
 tween the masters of the respective steamers, there may be a 
 right to recompense, even though the salvage service does not 
 contribute to the safety of the disabled vessel. 
 
 Here, too, it should be remembered that the measure of 
 the compensation, though fixed at sea, is liable to be reviewed 
 by the Courts, for a master with a broken-down ship is very 
 much at the mercy of another vessel which comes along, and is 
 of size and power to assist him in this way. An agreement, 
 therefore, is not likely to be upheld if, on the one hand, it be 
 obtained by compulsion, or, on the other, if the master of the 
 salved ship conceal from the salvor some material circumstance, 
 such as the fact that his vessel has sustained damage beyond 
 what is apparent. 
 
 There can be no award for salvage unless the thing in respect 
 of which the service was rendered is actually and eventually 
 saved. And in respect of life salvage, matters go a step farther 
 even than this. For though life may be saved, there can be no 
 salvage award for the service unless the vessel herself, or some 
 of her wreckage, or some of the property that was in her, be 
 saved ; for, otherwise, there would be no fund out of which the 
 award could come. "Where, however, any material thing is 
 saved, the life salvors have a priority in their claim on it. 
 This is given them by statute, and the Merchant Shipping 
 
I 1 2 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Acts also give the Board of Trade power to give rewards 
 to those who have saved life. 
 
 The recent case of the Carinthia, however, makes it desirable 
 for masters to remember that, though there may be no claim for 
 salvage unless the thing be, in fact, salved, there may be a claim 
 for work done by request, even if that work have no beneficial 
 result. In this case, the master of a stranded vessel made an 
 arrangement with a passing steamer to assist him. The two 
 shipmasters agreed that these services were to be paid for at the 
 rate of ^iooo a day. After they had lasted for no less than 
 eight days, it was seen that it was useless to continue, and the 
 assisting vessel proceeded ,„not having really benefited the dis- 
 tressed ship, which in fact became a total loss. The owners of 
 the Carinthia were, however, compelled to pay the ^8000 which 
 the owners of the other vessel claimed, because this was not a 
 case of a claim for attempted salvage, but of payment for work 
 done under an agreement. 
 
 The Courts might, of course, in view of the difficulties in 
 which the master found himself, have reviewed the terms of the 
 contract, as regards amount. But this they refused to do as, 
 when they looked at the surrounding dangers to the assisting 
 ship, and to the values involved, they did not consider the sum 
 agreed upon so excessive as to warrant their interference. 
 
 Forfeiture of Right to Award — Wilful misconduct on the 
 part of salvors may disentitle them to any award at all. And 
 there is an implied guarantee on their part that at least, accord- 
 ing to their capacity and condition, they will use ordinary skill 
 and prudence in the work they have undertaken. In this con- 
 nection it becomes of importance to note what constitutes an 
 abandonment of the distressed vessel. Mere departure out of 
 her is not enoagh. It may be that those on board went ashore 
 for a temporary purpose, as, for example, to get appliances or 
 assistance. To constitute abandonment, the departure from the 
 ship must be a leaving her without any intention to return. 
 That being so, it will be seen that, if salvors take possession 
 during such a temporary absence, and, when the persons really 
 in charge of the vessel return, refuse to allow them aboard, they 
 are guilty of misconduct in doing so, and may lose all rights to 
 compensation. 
 
 There is also a statutory offence which constitutes a disability 
 in salvors, namely, omission to give, or even undue delay in 
 giving, notice to the Receiver of Wrecks that possession has 
 been taken of wreckage. 
 
 Receiver of Wrecks. — The Receiver of Wrecks has many 
 duties to perform on occasions of disaster. For the purpose of 
 
salvage of any of the three kinds he may summon what number 
 of men he thinks necessary, and also demand the use of earts 
 and horses from the neighbourhood, whilst he has the power to 
 command those in charge of vessels or boats near at hand to 
 give such aid with their craft as they may be able to render. 
 He has duties to receive and take possession of everything that 
 comes ashore, and must make those who secrete any wreckage 
 give it over to him. He must also repress disorder. In his 
 absence, or in cases where there is no such official, a Customs 
 or Board of Trade officer, or a commissioned officer in the army 
 or navy on full pay, or a sheriff, or magistrate may exercise all 
 the functions assigned to the Receiver of "Wrecks. 
 
 Depositions as to Wrecks and Wreckage. — The Receiver 
 of Wrecks, or a magistrate in his absence, must, as soon as con- 
 venient after such an occurrence, institute an examination with 
 respect to ships in distress. This is generally spoken of as 
 taking the depositions. These may be taken on oath, and may 
 be taken from any person belonging to any ship, British or 
 foreign, which is in, or has been in, distress on the coasts of the 
 United Kingdom, or from any other person who may be able to 
 give any account thereof, or of the cargo or stores thereof. 
 The points the deposition ought to touch, where the deponent has 
 knowledge of them, are : — 
 
 (1) The name and description of the ship. 
 
 (2) The name of the master and of the owners. 
 
 (3) The names of the owners of the cargo. 
 
 (4) The ports from and to which the vessel was bound. 
 
 (5) The occasion of the distress of the ship. 
 
 (6) Such other matters or circumstances relating to the ship or to 
 
 the cargo on board the same, as the person holding the 
 examination thinks necessary. 
 
 Of such deposition two copies must be taken. One is sent 
 by the Receiver of Wrecks to the Board of Trade, and the other 
 is to be transmitted to the secretary of Lloyd's for posting in 
 the Society's rooms. Where wreckage above the value of ^20 
 is washed ashore, the Receiver of Wrecks has also a duty to 
 send a notice to the secretary of Lloyd's for posting in a similar 
 way. 
 
 Duty to Underwriters. — Thus it is that Lloyd's, as an 
 underwriters' centre, has a legal recognition. But there are, I 
 think, certain misunderstandings in regard to the rights and 
 privileges of the underwriters to which I ought to refer. It 
 may be that they arise out of this statutory recognition. 
 
 At all events, the question is sometimes asked, what are the 
 duties to the underwriters in case of wreck? There are really 
 
 H 
 
114 ™ E LEGAL DUTIES OF SHIPMASTERS. 
 
 no direct rights in, or duty to, the underwriters, and cannot 
 be any ; for the master, as such, has no dealings with them ; 
 he is not their servant ; he has no contract with them ; he is 
 not entrusted with their property ; he may not even know that 
 any of those who have entrusted their property to him have 
 covered their risks with Lloyd's or with any other underwriters. 
 All the rights they can have spring from the contract they have 
 made with the owners of the property at risk, quite independent 
 of the shipmaster or his duty. The master's duty (as has been 
 insisted upon all through these remarks) is to do the best he 
 can for the interest of all concerned. He cannot tell to whom 
 the cargo on board may belong. He may know who is the 
 consignor and who is the consignee ; but at the moment of 
 disaster he cannot tell if the property has passed from one to 
 the other, nor even if it has been negotiated to third parties. 
 The master's duty, then, is obviously towards the owner, who- 
 ever he may be, and by whatever process of business he has 
 come by his rights. Thus it is that a duty is owed to the 
 underwriters. They stand in the shoes of the former owners 
 by reason of the contract of insurance into which they have 
 entered. The contingency contemplated in the policy may have 
 occurred, and the property may have partially or entirely passed 
 to the insurer. But the underwriter only takes the rights that 
 the owner of the insured property can give him. All that he 
 certainly takes. He can ask no more of the master in the way 
 of care and exertion than the original owner could do, and the 
 master is equally bound to him, as to the original owner, to 
 take reasonable care and exertion and not to incur unreasonable 
 expense. This view, I venture to think, is correct, and quite 
 consistent with the words of the great authority, Arnould on 
 Marine Insurance, though certainly differently worded. In 
 cases of merely partial loss it is obvious that the master is 
 never the agent of any one but the assured, though the latter 
 may be acquiring a right to a payment of more or less magni- 
 tude from the assurer. 
 
 In cases of absolute total loss, where no notice of abandon- 
 ment is or can be given, there can be no difficulty on the point. 
 In cases where such notice of abandonment is given or tendered, 
 there may be some difficulty. This is apt to arise from the 
 fact that abandonment is not always accepted when tendered. 
 The law is that, if, though not accepted at the time, it even- 
 tually become effectual, its action relates back to the time at 
 which it was originally given. 
 
 Thus, as between the parties to the contract of insurance, 
 the rights passed at the time the notice was given. So it is 
 
DEPOSITIONS AS TO WRECKS AND WRECKAGE. I I 5 
 
 said that, during the period between the giving of the notice 
 and its becoming effectual, the master is the servant of the 
 underwriter. So he is, in the limited sense that the under- 
 writer has to bear the pecuniary results of his actions. But 
 where the error in judgment or default of the master caused 
 the loss, the same might be equally truly said of what occurred 
 just prior to the happening of the disaster. 
 
 The matter will, perhaps, best be explained by an illustra- 
 tion. Suppose the case of a steamer in the neighbourhood of 
 a well-known danger. The master considers his position, and 
 arrives at the erroneous conclusion that he is five miles from it. 
 Three minutes afterwards he strikes it. Next day notice of 
 abandonment is tendered. It does not become effectual for a 
 week after that. Now it could never be urged that at the 
 time the master made that error in judgment he had any con- 
 nection with the underwriter at all. Yet his action at that 
 moment was in truth what caused the underwriter his total loss. 
 His action at that time was therefore, in fact, at the under- 
 writer's expense, just as much as would be what he did in the 
 week that elapsed between the giving the notice of abandon- 
 ment and its proving effectual. And this financial responsibility 
 for his acts seems to be all the ground on which during this 
 period the underwriter can be said to be the employer of the 
 shipmaster. 
 
 In point of fact, all the master has to consider is that as 
 long as the property exists it belongs to some one. As long as 
 the adventure continues the master has duties to perform in 
 respect of the property, no matter on whose account. And his 
 duty is always to do the best he can to save property, to 
 minimise loss, and to curtail expenses. Notice of what has 
 happened must be given to the authorities, and the owners 
 must be communicated with and advised of the steps that are 
 being taken for salvage or for sale. 
 
 Where the point of the actual relationship of the master 
 to the underwriter becomes really important for the master's 
 consideration at such a crisis in the adventure seems to be this : 
 that, if the master properly considers he has adequate means to 
 deal with the emergency without employing outside assistance, 
 the underwriters cannot force him to make arrangements to suit 
 their convenience or theories, and possibly to pile up expenses 
 and to increase delay. Still, when the crisis is over and the 
 ship is ready to proceed they will have a right to insist on 
 his obtaining a certificate of seaworthiness ; for the absence of 
 that might vitiate the policies, or at all events might lead to 
 litigation. 
 
Il6 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Duty in Case of Wreck to Crew. — Tbe duty to the crew is 
 terminated by wreck, for the contract of service by the seaman 
 ends when the wreck is finally abandoned, or by the receipt by 
 the seaman of discharge from the master when the men have 
 done all that is reasonably possible. The above rule applies as 
 well in the case of constructive as of total losses, and it even 
 applies to cases where a great delay would be necessary to put 
 the vessel in a state of repair. In case of wreck, the seaman 
 has a right to wages up to the time of discharge, but has no 
 right to wages or compensation in respect of the remainder of 
 his contract. 
 
 To Steerage Passengers. — In regard to emigrant passengers 
 there are more complicated statutory duties imposed upon the 
 " master, charterer, or owner." One of them is to give notice, 
 within forty-eight hours, to the nearest emigration officer, (a) 
 where the vessel, either in a home port, or after the commence- 
 ment of the voyage, has been wrecked or rendered unfit to pro- 
 ceed ; or, (b) where she has put into a British port with damage. 
 And such notice must be accompanied with an undertaking, in 
 the first case, that the passengers shall be sent on in some other 
 eligible bottom ; and, in the second, that she shall be made fit 
 to proceed. In each case a period of six weeks is the limit 
 allowed for the fulfilment of the obligation. Meanwhile, the 
 persons responsible for giving this notice must either maintain 
 the passengers, or, if they are berthed in a hulk or elsewhere 
 under the superintendence of the Board of Trade, pay a sum of 
 one and sixpence a day maintenance for each statute adult. 
 
 Where the taking forward is not begun within the six weeks 
 allowed, or where the requirements of the rule are otherwise 
 infringed, there is power to the passenger (or to the emigration 
 officer on his behalf) to recover all money paid by him for his 
 passage. And this can be done either from the person to whom 
 it was originally paid, or from the owner, charterer, or master of 
 the ship, at the option of the person suing. The emigration 
 officer can, if he think it desirable, remove the passenger from 
 the damaged ship at the master's expense. 
 
 To Passengers of any Class. — In the case of vessels which 
 carry any steerage passengers from any port in his Majesty's 
 dominions, and which are damaged or wrecked, there is power 
 in certain officials (Secretaries of State at home, and Governors 
 in possessions abroad) to defray all, or a part of, the expenses 
 incurred on account of any passengers, cabin or steerage, who 
 may be taken off the ship herself or be picked up at sea. 
 Similarly, the same officials can, in the case of such passengers, 
 who, without default on their part, find themselves in ports 
 
CERTAIN LISTS TO BE SENT HOME. I 1 7 
 
 outside the United Kingdom, other than those to which they 
 were booked, forward such passengers to their destination, 
 unless within forty-eight hours of their arrival a written under- 
 taking is given to an official that they shall be sent forward by 
 a vessel proceeding within six weeks. A passenger so forwarded 
 at the expense of the State loses all claim to return of passage- 
 money and to compensation. The expenses incurred in forward- 
 ing and maintenance are recoverable from the owner, charterer, 
 and master of the ship in which the passenger originally em- 
 barked. But the total amount recoverable in the case of any 
 passenger is limited to the amount receivable in each individual 
 case, or, in the case of the whole complement, to the gross 
 amount receivable in respect of the whole of the passengers 
 carried. It is worthy of notice that the statute expressly per- 
 mits insurance against the risks put upon owners, charterers, and 
 masters by these provisions. 
 
 It is unnecessary, perhaps, to remind British shipmasters that 
 in case of disaster their first duty is to see to the safety of the 
 passengers. The seaman has a claim to consideration, but the 
 helpless landsman who has confided himself to the ship and her 
 commander has the first call, and it is one which has always 
 been recognised in times of danger by British sailors. 
 
 Certain Lists to be Sent Home. — In case of loss or transfer 
 of the ship, the master must send home to the superintendent 
 at the port to which the vessel belonged, without undue delay, 
 certain lists containing — 
 
 (a) Particulars of the ship's register, date and tonnage. 
 
 (b) Particulars of the whole of the crew at the time of the ceasing of 
 
 his connection with her. 
 (e) Particulars of those who have ceased, through death or discharge, 
 to be members of the crew previous to the time just mentioned. 
 
 (d) Names of members of the crew who have met with maimings or 
 
 accident, and dates and particulars of such accidents. 
 
 (e) The amount of wages due to any deceased members of the crew at 
 
 the date of their decease. 
 (/) Account of clothes and other effects of deceased members of the 
 
 crew, and the amounts realised by their sale, together with the 
 
 proceeds of such sale. 
 (g) Details of the marriages performed on board. 
 
( "8' ) 
 
 CHAPTER XII. 
 
 THE MASTER'S DUTY TO CERTAIN PUBLIC AUTHORITIES. 
 
 Contents. — Bill of Health — Quarantine — Customs — As to the Coasting 
 Trade — Coasters may not call at Foreign Ports — Cargo Book — As to 
 Goods from Isle of Man — As to the Channel Islands — Where the 
 Goods are Dutiable — Where Goods are not Dutiable — As to Stores — 
 Contraband of War — As to Clearance — Smuggling — Painting Boats' 
 Names — The Duty to British Public Officers Abroad — In the Case of 
 Births — In the Case of Deaths — The Master must render Assistance to 
 Justice — Certain Legal Liabilities of the Ship. 
 
 Bill of Health. — It is the master's duty, before leaving certain 
 ports for certain other ports, to obtain from the consul what is 
 called a " bill of health." This may be of three kinds. It may 
 be " clean," " suspected," or " foul.'" A " clean " bill of health 
 is a certificate that no diseases of a certain serious kind (such, for 
 example, as yellow fever or cholera) are raging. A " suspected " 
 bill states that, though no actual and proved cases have occurred, 
 there is some reason to fear that certain cases of illness, which 
 are under observation, may prove to be attacks of the dreaded 
 complaint. A " foul " bill tells that there is no doubt that the 
 port is infected. 
 
 Such bills of health are usually necessary in leaving tropical 
 ports, especially when bound for other foreign places where the 
 quarantine laws are very generally enforced and carried out 
 with irksome exactitude. The absence of a clean bill of health, 
 even if the port from which the vessel sailed is itself in fact 
 clean, may cause considerable delay to the ship, as she may be 
 treated as though she were really from a foul port. 
 
 Quarantine. — The master of a vessel arriving at a port in 
 the United Kingdom from a port abroad, which is infected, or 
 apprehended to be infected, with yellow fever, or certain other 
 " highly infectious distempers," has responsibilities, under heavy 
 penalties, to see that no one lands from his vessel until the 
 customs officer gives permission that they may do so, and upon 
 arrival under such circumstances a quarantine flag must be 
 flown and kept up till the requisite permission to lower it be 
 obtained. In regard to this matter two important Acts of 
 Parliament were passed in the year 1896. By one the Local 
 
COASTERS MAY NOT CALL AT FOREIGN PORTS. 119 
 
 Government Board was empowered to assign to the sanitary 
 authorities of the various ports any powers, rights or duties 
 under the statutes for the preservation of the public health, and 
 for the prevention of infectious disease. By the other the 
 older legislation relating to quarantine was abolished, and the 
 Local Government Board was empowered to make regulations 
 as to the signals to be hoisted by vessels which had on board 
 cases of epidemic, endemic or infectious disease ; as to the 
 questions to be answered by the masters, pilots, or other persons 
 on board such vessels ; as to the detention of such vessels and 
 the persons aboard of them ; and as to the duties to be per- 
 formed in case of such diseases by the masters, pilots and other 
 persons aboard them. The customs and coastguard officials are 
 charged with the duty of enforcing obedience. 
 
 Customs. — The regulations as to customs are divided into 
 two heads : the coasting trade — which includes all trade between 
 different ports of the "United Kingdom — and oversea or foreign 
 trade. Foreign vessels in the coasting trade have the same 
 rights and are subject to the same regulations as British ships. 
 
 Coasters may not call at Foreign Ports. — There are serious 
 penalties for masters of coasting vessels which, when engaged 
 on coasting voyages, touch at foreign ports, save under unavoid- 
 able circumstances (such as stress of weather), and they may 
 not, if they do so touch, unless compelled to do so by necessity, 
 ship or discharge any goods. And there is a further penalty 
 for neglect, after such necessary touching, shipment or dis- 
 charge, to inform the collector at the home port of arrival of 
 what has taken place. 
 
 But there is a proviso that a foreign-trade vessel, having 
 discharged part of her cargo at a home port, may convey other 
 goods coastwise to another home port, if the separation of the 
 oversea goods from the coasting-trade cargo be completed to the 
 satisfaction of the customs officers. But the carriage of such 
 cargo will not constitute the vessel a coasting vessel for the 
 purposes of the Acts. Similarly, goods brought coastwise may, 
 if not dutiable, be re-entered for carriage on an outward oversea 
 voyage in the vessel without being landed. 
 
 Cargo Book. — The master of a coaster has to keep a cargo 
 book, wherein must be entered the names of the ship, of her 
 master, and port of registry, as well as particulars of the voyage 
 upon which she is engaged. At every point of loading, under 
 the head of such port, an account of the goods there shipped, 
 specifying the quantity of loose goods and number of packages 
 of other goods and the description of the goods themselves, must 
 be entered. Where cargo is discharged, corresponding entries 
 
120 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 to the foregoing must be made and the date of discharge 
 added. If the master knows the names of the consignors and 
 consignees, he must in both cases add them. This book must 
 be produced to customs officers on demand, and if foreign goods, 
 not entered as such, are found, or if packages said to contain 
 foreign goods are found not to do so, the goods may be for- 
 feited ; whilst, if the master fail to keep the book properly, he 
 is liable to penalties. 
 
 The customs officers have a right to go on board any vessel 
 either in port or at any point in her voyage and demand to 
 examine the cargo and to have the documents produced. 
 
 Before any coasting vessel leaves any port of loading an 
 account showing her name, tonnage, port of registry, port of 
 destination, and her master's name, must be made out in dupli- 
 cate and signed by the master. It must be set out in four 
 parallel columns showing, 
 
 (a) The foreign goods, distinguishing warehoused goods removed 
 
 under bond. 
 (5) Quantities of corn, grain, meal, flour or malt. 
 
 (c) Goods liable to duty of excise, or entitled to drawback thereof. 
 
 (d) And in the last column must be stated " sundry other goods," or 
 
 " no other goods," as the case may be. 
 
 This document must be cleared and signed by the customs 
 officer. The customs officer retains the duplicate and returns 
 the copy he has signed to the master, and that then becomes the 
 ship's clearance and transire, or pass for the goods therein men- 
 tioned. General transires may be given. But these are liable 
 to be revoked by written notice. 
 
 Within twenty-four hours of arrival at the port of discharge, 
 and before any goods can be unloaded, the transire, with a note 
 of the place or wharf of discharge, must be given in to the 
 proper officer, and if there are exciseable goods these cannot be 
 unloaded without leave of the excise officer. 
 
 As to Goods from the Isle of Man. — There is a special 
 provision as to goods grown or manufactured in the Isle of Man 
 which may be shipped thence to ports in Great Britain or Ire- 
 land. These require a special certificate from the officer at the 
 port of shipment as a proof of their origin. Non-attention to 
 this regulation may entail forfeiture of the goods. 
 
 As to the Channel Islands. — The vessel and her cargo must 
 be reported at the Custom House on arrival at Channel Islands 
 ports before bulk is broken, and neglect of this, or an improper 
 report, renders the master liable to fine and the goods to forfeiture. 
 In these islands the general regulation is that no goods shall be 
 landed, save at Custom House ports, or where a permit is granted. 
 
AS TO OVERSEA TRADE. 121 
 
 But there is power to the Commissioners of Customs to make 
 •egulations for dealing with water-borne goods amongst the 
 islands. 
 
 Goods grown or manufactured in these islands may be im- 
 ported into Great Britain or Ireland duty free. But a certificate 
 i.s to their description, quantity, and origin must accompany 
 bhem. 
 
 Tobacco, cigars, or snuff may not be imported into these 
 islands, nor moved amongst them, save in vessels of forty tons 
 3r more, nor in packages of less than 80 pounds weight. Such 
 goods are also subject to the regulations which must be com- 
 plied with when similar goods are imported into the United 
 Kingdom. 
 
 Foreign spirits must also be borne in vessels of not less than 
 forty tons. The casks in which they are carried must be of not 
 less size or contents than 20 gallons each (or 9 gallons each if 
 they contain British or Irish spirits). This regulation does not 
 apply to spirits packed in bottles as cargo, or to ship's stores. 
 Vessels of under ten tons burden may be licensed to carry 
 quantities of spirits not exceeding ten gallons at a time. 
 
 The Commissioners of Customs make regulations as to the 
 disposal of the spirits, tobacco and tea taken as stores for vessels 
 starting from the Channel Islands for the United Kingdom or 
 for the fishing grounds. Particulars of these stores with the 
 quantities shipped — which must be reasonably regulated with 
 regard to the number of persons carried and to the proposed 
 length of the trip — must be noted on the clearance. And no 
 vessel may leave the Channel Islands without clearance. 
 
 Generally, it must be remembered that in the whole coasting 
 trade no goods can be shipped, or discharged, save on lawful 
 days, and even then must be so dealt with by the authority of, 
 and at a place approved by, a customs officer. 
 
 The Customs Acts extend to all his Majesty's possessions 
 abroad, except where the provisions expressly apply to the 
 United Kingdom or to the Channel Islands, or where the Acts 
 expressly limit them to the contrary. 
 
 AS TO OVERSEA TRADE. 
 
 When the Goods are Dutiable. — Export of warehoused goods 
 or of goods liable to duty, or entitled to drawback, must be 
 carried in vessels of not less than forty tons burden. The master 
 of a vessel which is to take out such goods must, before taking 
 them or any other goods on board, give the customs officer the 
 certificate of clearance inwards or coastwise from her previous 
 
122 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 voyage, and also make an entry of her outwards in proper form. 
 Such goods must be shipped only from places duly appointed for 
 the purpose, and on lawful days, and in the presence of a cus- 
 toms officer. British and Irish spirits can only be water-borne 
 in casks of at least nine gallons capacity. 
 
 Where Goods are not Dutiable. — In the case of non-dutiable 
 goods a manifest must be delivered to the customs officer within 
 six days of clearance. The duty of so doing rests upon the 
 owner or master or their agent. It must be under the hand of 
 one of these persons and set out description, quantities, marks, 
 and numbers of the goods, and the names of the consignors. 
 And with the cargo must be included, for this purpose, the 
 bunker coal. 
 
 As to Stores. — A request for stores must be made out by the 
 master of every vessel of forty tons burden, or upwards, about 
 to sail on an oversea voyage. This must set out the number of 
 persons to be borne, and state whether they travel as crew or 
 passengers, and it must give the probable duration of the voyage. 
 It must be delivered to the export officer, who will give in re- 
 turn an order for the shipment of the proper quantities of 
 stores. 
 
 The master afterwards gives the " stores' content," duly 
 signed, to the officer. This contains an account of the stores 
 so shipped, with a list of those already on board, and a declara- 
 tion that all legal requirements have been complied with. The 
 stores content when further signed by the export officer and 
 the officer of customs, is the " victualling bill." 
 
 No stores not contained therein can be carried ; and the 
 improper landing of stores once shipped is severely punished. 
 
 Contraband of War. — Certain goods may, by his Majesty's 
 proclamation, at certain times be prohibited from export. These 
 may include naval or military stores, or such goods as may be 
 capable of conversion into such stores, or " may be made useful 
 in increasing their quantity," and also arms and ammunition 
 and provisions, or " any victual which may be used as food for 
 man," and precautions may be taken to prevent their fraudulent 
 shipment under other descriptions. But these regulations affect 
 shippers more than masters, though, of course, the latter may 
 have occasion to witness, possibly, infringements of the law, and 
 may, in some way, be affected by the forfeiture and discharge. 
 
 As to Clearance. — Before a vessel can be cleared the master 
 or his deputy, duly authorised by him in writing, must attend 
 before the collector of customs and, besides answering any ques- 
 tions which may be put to him, hand in a list of the contents 
 of the ship. 
 
AS TO IMPORTATION. 123 
 
 If any inward cargo is re-exported this must be reported to 
 the customs searcher at the time and be certified by him. Such 
 certificate of re-exported cargo, with the victualling bill and the 
 contents bill, are sealed and attached to the clearance label. 
 This, when signed by the customs officer, is the authority for 
 the departure of the ship. 
 
 When the vessel calls at a second or further home port for 
 further cargo, other contents bills must be given in and attached 
 to the original clearance label. 
 
 Vessels may be cleared, as in ballast, if they carry such 
 goods as chalk or slate as cargo, or if they have passengers 
 and their baggage on board ; but they must not carry any 
 goods for re-exportation or anything else beyond the stores in 
 the victualling bill, except, of course, bunker coal. 
 
 Where stores are sealed by the customs officer they must 
 not be opened before the final departure of the ship on her 
 foreign voyage under a penalty of £20 upon the master. 
 
 A customs officer may board a ship, even after clearance, 
 as long as she is within a distance of three sea miles from the 
 coasts of the United Kingdom. There is a penalty of ^100 for 
 carrying off a customs officer to sea. A ^20 penalty is enforce- 
 able for not bringing to at spots appointed for the landing of 
 customs officers or for further examination. 
 
 AS TO IMPORTATION. 
 
 The duty is laid upon the master and pilot of every vessel 
 arriving at ports and places in the United Kingdom and the 
 Channel Islands to come up as quickly as circumstances will 
 permit to the proper place of mooring, or of unloading, without 
 touching elsewhere, but bringing up, however, at the place 
 appointed for doing so by the customs officials. It is also for- 
 bidden to move from one berth to another without the know- 
 ledge of the customs officer. 
 
 A duty is also laid upon the master to provide a proper place 
 under deck for the customs officer's bed or for the slinging of 
 his hammock. 
 
 This is important — to the customs officer at least — because 
 his duty may require him to board any vessel arriving, and to 
 stay on board till her unloading be completed. Such an officer 
 has power to go to every part of the ship, and to fasten down 
 hatchways and entrances, to seal up, or otherwise secure, goods 
 on board, and to mark any goods before landing. He may also 
 force places or receptacles which are locked, if the keys be not 
 forthcoming. The master is responsible, under a penalty of 
 
124 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 _^too, for seeing that the seals which the officer places upon 
 goods or packages or openings be not broken. Where inward 
 stores are so sealed the penalty on the master, if the seals are 
 broken, or the stores conveyed away, is £20. 
 
 Goods — that is, of course, dutiable goods — found on board in 
 concealment are forfeited. So are such goods landed without 
 having the duty paid or provided for. All goods must be landed 
 at a proper place, and if they are lightered, must not be tran- 
 shipped to any other craft without permission. The unloading 
 must take place on lawful days and at lawful hours. These 
 hours are between 8 a.m. and 4 p.m. in summer (i.e., from the 
 beginning of March to the end of October), and between 9 a.m. 
 and 4 p.m. in winter (i.e., during the other half of the year). 
 And all unloading must be done in the presence of the customs 
 officer. But these regulations can be modified by permission. 
 From these rules are excepted gold and diamonds, and lobsters 
 and fresh fish imported in British ships, which may be landed 
 without report or entry. 
 
 Within twenty-four hours of arrival the master must accur- 
 ately report his cargo, under pain of a fine of ;£ioo and of 
 detention of the goods. The master is also responsible for see- 
 ing that bulk be not broken after arrival off the coast, that the 
 stowage of the cargo be not altered to facilitate unloading, 
 and that no part of the goods be thrown overboard, staved or 
 destroyed, except, of course, for good reasons, such as the safety 
 of the ship and her contents. 
 
 In the case of goods reported as for re-exportation, if the 
 master declare them as having " contents unknown," the 
 customs officer may either open the packages on board, or take 
 them to a bonded warehouse for examination. If they are found 
 to be of a prohibited class, they may be forfeited if the commis- 
 sioners consider it proper that they should be ; if they are not 
 forfeited, or are found to be in order, they will be entered for 
 export on a re-exportation list as explained in the note on 
 exportation. 
 
 Where goods remain on board the ship beyond a period of 
 fourteen days the ship becomes liable for the expense of watch- 
 ing them, and may be detained for the charges. These charges 
 are also leviable in the case of vessels under legal process, or 
 vessels in distress, or brought in derelict which need watching. 
 The charge must not exceed 5s. a day. 
 
 Smuggling. — The provisions of the law are most extensive 
 in this regard. It is not necessary to go into them very fully 
 here. 
 
 Painting Boats' Names. — With a view to the prevention of 
 
PAINTING BOATS' NAMES. 12$ 
 
 smuggling, the Customs Acts provide for the painting of ves- 
 sels' and boats' names, and of the ports to which they belong, 
 upon them. The requirements as to sea-going vessels in this 
 regard are that the ship's boats of every ship belonging wholly, 
 or in part, to a British subject must have the name of the ship 
 to which they belong and the port from which she hails painted 
 on the stern. The master's name must be painted within the 
 transom. The words must be painted in Roman characters at 
 least two inches long in white or yellow paint on a black ground, 
 under pain of forfeiture of the boat. 
 
 Boats or vessels used in landing prohibited or dutiable goods 
 improperly, or boats or vessels which have false bulkheads, false 
 bows, double sides or bottom, or any secret or disguised place 
 adapted for concealing goods, or any hole, tube, pipe or device 
 adapted for running goods, or conveying or having wrongfully 
 conveyed dutiable or improper goods, or improper-sized casks, 
 or having arrangements for slinging casks, or which shall have 
 destroyed or thrown overboard, or staved, this class of goods, are 
 liable to forfeiture. Those concerned in these illegal acts may 
 be detained. The limits wherein these things are illegal are 
 harbours, rivers, bays, and creeks in the United Kingdom and 
 the Channel Islands, as well as within a certain distance of the 
 coast. The limit here is three leagues if British subjects are 
 wholly or principally concerned ; if not, the limit is reduced to 
 one league. The reason for this distinction is simple. It is 
 permissible for the law of this country to declare anything an 
 offence in its own subjects wherever committed, and thus these 
 acts may be illegal in them, even if committed far out at sea. 
 But over foreigners the jurisdiction only obtains when in terri- 
 torial waters, that is to say, within three miles (or a league) of 
 the coast, and so in their case the limit of distance has to be 
 reduced. 
 
 The forfeiture spoken of does not attach to vessels of over 
 250 tons burden. In larger vessels fines are substituted. 
 
 Casks of spirits found floating in home waters, especially if 
 they are under legal size, should not be meddled with, though 
 information of their discovery should be communicated to the 
 Customs. 
 
 Heavy fines are leviable upon vessels where attempts at 
 smuggling are discovered, and where any " responsible officer " 
 is believed to be involved. Such responsible officer includes the 
 master, any mate or engineer, the purser and chief steward, and 
 (where Asiatic seamen are carried) the serang. 
 
 Penalties are provided for vessels which do not bring to 
 when signalled to do so by a King's ship, and forfeiture is 
 
126 THE LEGAL DITTIES OF SHIPMASTERS. 
 
 enacted for such as, whilst attempting to escape, throw overboard 
 or destroy part of the lading. Vessels not bringing to when 
 ordered to do so may be fired at by King's ships. 
 
 The Master's Duty to Report Derelicts. — By a statute passed 
 in the year 1896 the master of every British ship is laid under 
 an obligation (with penalties in case he neglects the prompt 
 performance of this duty) to report to Lloyd's agent at his next 
 port of arrival or of call, the fact that he or his officers have 
 sighted any floating derelict. His report must contain details 
 as to the locality where it was seen, and must state the date. 
 He must also afford any information he may possess as to the 
 identity, or supposed identity, of the derelict. Where there is 
 no Lloyd's agent at the port, the report must be sent to the 
 Secretary of Lloyd's in London. 
 
 MASTER'S DUTY TO HARBOUR AUTHORITIES. 
 
 When in harbour the master's duty is to obey the proper 
 regulations of the harbour and to pay the dues. For the latter 
 he has a personal liability. 
 
 The harbour-master can order the vessel to moor in whatever 
 place he considers fit, and can also shift her and make her un- 
 moor. If there be no one on board to carry out his orders he 
 has the power to cause her to be shifted or unmoored. He 
 must do so, however, with an adequate number of hands, and 
 he can recover from the ship all the expense to which he is put 
 in so moving her. 
 
 Vessels using the harbour must have proper and sufficient 
 ropes and hawsers, and must moor themselves to the satisfaction 
 of the harbour-master. They must not navigate into the dock 
 under sail, and they must unfurl their sails and dismantle when 
 and to the extent he may direct. 
 
 There are general directions for the avoidance of fire by the 
 enactment of penalties for those who keep pitch, tar, turpentine, 
 and suchlike things upon the quays or ships' decks for a longer 
 period than two hours after they have had written notice from 
 the harbour-master to remove them. If they are not required 
 to remove these combustibles at night they must provide a 
 proper watch to guard them. This watch must be maintained 
 at the expense of those who have the combustibles there. If 
 a watch has to be provided at the expense of the harbour, the 
 costs thereof can be recovered from the person who should have 
 paid it. 
 
 The having gunpowder or lighted lamps, candles, or fires in 
 the ships, docks, or works without permission is punishable by 
 
MASTEE'S DUTY TO HABBOUE AUTHOEITIES. 12? 
 
 fine, as also is the offence of introducing loaded guns. There 
 are penalties for those who throw ashes or ballast into the dock. 
 
 There are powers given to the harbour-master to enter upon 
 vessels to search for suspected lights and, if found, to extinguish 
 them ; and persons who obstruct him in doing so are liable to 
 penalties. The inviting of a vessel to come into a dock or along- 
 side a wharf is an implied representation that the place is fit for 
 her to go into, especially if the causes, which eventually prove 
 that the place was not actually so fit for her, were such as could 
 not be apparent to those navigating her, and still more so, if 
 those inviting her in knew, or ought to have known, of the un- 
 fitness. As the harbour-master has the power to shift vessels 
 and to enforce obedience to his orders, the authorities are 
 responsible for any damage which ensues to the ship from 
 carrying out those commands, provided, of course, that those 
 who navigate her are not guilty of contributory negligence. 
 
 Damage caused to the harbour works by a vessel are re- 
 coverable from her if she have caused them by her default. 
 The law has long limited the amount recoverable for damages 
 sustained by one ship from another vessel which has injured 
 her by collision. But until recently there was no limit to the 
 amount of damages recoverable in cases where vessels did 
 damage to objects which were not ships or goods borne in such 
 ships. But by an Act of Parliament passed in the year 1900 
 the right given to shipowners to limit their liability in cases of 
 collision between their vessels and other ships were extended 
 so as to enable them to similarly protect themselves when, 
 through the default of those to whom they had entrusted the 
 charge of their vessels, damage was done to certain other kinds 
 of property. Primarily the object of this enactment was to 
 cover the cases where ships run into and damage the works of 
 harbour-owners, dock authorities and canal companies. But 
 the words used are so wide that they in fact cover " any loss or 
 damage to any property or rights, whether on land or on water, 
 and whether fixed or moveable." 
 
 The master must report arrival, within twenty-four hours, 
 to the harbour authorities. He must give them a full and true 
 account of the goods to be unshipped. In cases where the whole 
 cargo is to be unshipped, he must give in a copy of the bill of 
 lading or manifest. If only part is to be unshipped, he must 
 give the best account in writing in his power. He must allow 
 the collector of rates to come aboard to ascertain the rates 
 payable, and he must also, when asked, produce the ship's 
 register to the collector. 
 
128 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 MASTER'S DUTY TO BRITISH PUBLIC OFFICERS 
 ABROAD. 
 
 In discussing various parts of the master's duty to the 
 different classes of persons whose interests he has to consider, 
 we have seen that he is often brought in contact with his 
 Majesty's consular officers abroad and with the Governors of 
 his Majesty's colonies. 
 
 There are one or two points which may be added here. 
 
 There is, for example, the master's duty as the registrar of 
 births,* marriages and deaths in the ship. Such occurrences 
 must, of course, be logged at the time. 
 
 The particulars to be given are — 
 
 In the case of births, the date, sex, and name (if any) ; the 
 name, surname, rank and profession of the father ; the name, 
 surname, and maiden name of the mother ; the nationality and 
 last place of abode of each of the parents. 
 
 In case of death, the date, the name and surname, the sex, 
 age, rank, and profession or occupation, the nationality, last 
 place of abode and cause of death. Here, too, the medical 
 practitioner, if there be one on board, must sign the entry. If 
 there be no such practitioner aboard, the entry must be signed 
 by one of the crew, as must entries of other important matters. 
 
 In cases of death on board a foreign-going vessel the 
 superintendent at the port of discharge shall, upon arrival of 
 the ship at the port of discharge, make inquiry into the cause 
 of such death, and then endorse on the official log of the ship a 
 statement as to whether or not, in his opinion, the cause of 
 death is correctly stated in the log. If he believe it to have 
 been the result of violence or improper treatment, he must 
 either report to the Board of Trade, or take immediate steps to 
 have the offender or offenders arrested, according to his view 
 of the gravity or urgency of the case. 
 
 This enactment is expressly barred from applying to the case 
 
 (i) Of fishing-boats, except in Scotland. 
 
 (2) Of ships registered in British possessions, when within the juris- 
 
 diction of the government of that possession. 
 
 (3) Of pleasure yachts, and vessels belonging to the three lighthouse 
 
 authorities in the British Islands. 
 
 The Master must render Assistance to Justice by bringing 
 in, when homeward bound from a foreign country or any British 
 possession, any offender, or any witnesses who may be required 
 to give evidence in the case of such offender, on the requisition 
 
 * As to Marriages, see note in Appendix XI. 
 
CERTAIN LEGAL LIABILITIES OF THE SHIP. I2Q 
 
 of a consular officer. But the consul may not require a master 
 to bring home more than one offender for every hundred tons 
 of his ship's registered tonnage nor more than one witness for 
 every fifty tons. 
 
 The master must fulfil this duty under pain of fine, and he 
 must also, upon arrival, hand the offender over to a police officer 
 or constable. The expense of such conveyance, and the cost of 
 the maintenance of the offenders and witnesses, is repayable to 
 the master who carries them, the particulars as to these persons 
 so carried by order of the consul being endorsed by him upcn 
 the ship's agreement. 
 
 Certain Legal Liabilities of the Ship should be mentioned, 
 such as the result of proceeding to sea when ordered to be de- 
 tained. If, in any case where a ship may be detained, a proper 
 officer orders her detention (such officer includes any commis- 
 sioned officer on full pay, either of the army or navy, any officer 
 of the Board of Trade, any officer of customs, or any British 
 consular officer), and she, in defiance of that order, proceeds to 
 sea before being released by competent authority, the master 
 and owner and any other person who sends her to sea become 
 liable to a fine of ;£roo, as also does any person who is privy to 
 the commission of the offence. 
 
 If such a ship in so proceeding to sea takes with her any 
 officer, so authorised to detain her, or any officer of customs, or 
 surveyor or officer of the Board of Trade, the owner and master 
 are each liable to pay all the expenses of, and incidental to, the 
 person so taken, and to a fine of ^100. This may be recovered 
 in a summary manner. But if the offence be dealt with other- 
 wise than by summary prosecution, the penalty may be ;£io a 
 day for every day till the officer returns, or till such time as 
 would reasonably allow him, after leaving the ship, to return to 
 the port from which he was taken. Such expenses can be re- 
 covered like fines under the Act. 
 
 And where, under the Act, a ship is to be, or may be, so 
 detained, the customs officer shall, or may, refuse to grant her 
 clearance. 
 
 The Courts have power of distress on the ship, where 
 sums ordered by the Courts or justices to be paid as seaman's 
 wages, fines, or otherwise, are not paid as directed, for the 
 Courts which made such orders have, in addition to their 
 other powers, a right to order the unpaid debt, or unpaid 
 balance thereof, to be levied by distress on the ship and her 
 tackle. 
 
( i3° ) 
 
 CHAPTER XIII, 
 
 THE MASTER'S DUTY IN RELATION TO PILOTS, SIGNALS, 
 FLAGS, AND LIGHT DUES. 
 
 Contents. — Pilotage — Who are Liable for Payment of Dues — Pilotage, 
 when Earned — Offences in respect of Pilotage — Unqualified Pilots — 
 Where Unqualified Pilots may act — Pilotage Certificates for Ship's 
 Officers — Compulsory Pilotage — A Defence in Collision Cases — Master's 
 Duty as regards Employment of Pilot — Pilot Flags — Pilot Signals — Use 
 of National Flag — Foreigners may not use it — Penalty for Concealing 
 Nationality — Distress Signals — Ordinary Ships' Signals — Light Dues. 
 
 Pilotage. — In this country there are certain pilotage authorities, 
 constituted in a variety of ways, which it would serve no useful 
 purpose to discuss here. These authorities have certain statutory 
 and other powers to fix the duties and privileges of such pilots 
 as they respectively license in their districts. The pilotage 
 authorities can make rules on certain points. These have the 
 force of law so long as they are within the powers granted by 
 the Merchant Shipping Acts and have obtained the sanction of 
 his Majesty in Council. The most important of their duties are 
 to fix the qualifications of their pilots and to see that those whom 
 they employ in such capacity are equal to the standard they 
 have laid down, to fix the limits of the districts and the rktes of 
 remuneration which shipmasters must pay to the pilots for their 
 services. The Board of Trade also have important duties in this 
 regard. 
 
 Who are Liable for Payment of Dues. — Pilotage dues, pay- 
 able in respect of services rendered by a qualified pilot, are 
 moneys for the payment of which there is a liability in the first 
 place on the master and owner ; after them consignees and 
 agents, who have made themselves liable for any other charge 
 on account of the ship at the port of arrival or discharge are 
 liable for inward pilotage dues ; and similarly other persons who 
 have made themselves liable for any other charges on account of 
 the ship at the port of clearance are liable for the amount of 
 outward dues. But such persons, if they settle the debt for the 
 ship, have a right to retain what they have paid (with reasonable 
 costs in addition) from any moneys they may receive on account 
 of ship or of owner. 
 
OFFENCES IN RESPECT OF PILOTAGE. 131 
 
 Pilotage, when Earned. — The pilotage rate may be earned 
 by a qualified pilot who leads a ship where there is no qualified 
 man on board and circumstances prevent him from himself 
 boarding her. 
 
 The master has no right to offer the pilot any sum other than 
 his proper rate under a penalty of ;£io. 
 
 When taken out of his district by unavoidable necessity, or 
 without his consent, the pilot is entitled to a payment of half a 
 guinea a day till the time he is brought back into it. The time 
 in regard to this matter is calculated from the time he passes 
 the pilotage limit outwards until the day when he is brought 
 back to the port where he was shipped, if he comes back in the 
 vessel which took him away. If he is sent back by other con- 
 veyance he must have payment for such number of days as will 
 reasonably cover his journey home, and he must, in addition, be 
 allowed travelling expenses. 
 
 The pilotage rates, after a demand in writing, are recoverable 
 as though they were fines payable under the Merchant Shipping 
 Act. 
 
 Offences in respect of Pilotage. — There are certain offences 
 which may be committed against the pilot in his work. These 
 are : 
 
 A false declaration as to the ship's draught of water. If the 
 master refuses to declare the draught or makes a false declaration 
 about it himself, or is privy to the making of such a false 
 declaration by some other person, he forfeits a sum equal to 
 twice the amount of money which would have been payable to 
 that pilot. 
 
 A similar offence may be committed by the master, or other 
 person interested in the vessel, by fraudulently altering the 
 marks which indicate the draught on the stem or stern-post of 
 the vessel. The fraudulent making of such alteration by such a 
 person, or the being privy to some one else's action in doing so, 
 brings a liability to a ^500 fine. 
 
 Unqualified Pilots. — A master who knowingly employs, or 
 continues to employ, an unqualified pilot after a qualified * pilot 
 has offered his services or signalled his willingness to take 
 charge of the ship, is liable to a fine of double the pilotage 
 which could be demanded for the service. 
 
 The unqualified pilot involved in such action is himself liable 
 to a £50 fine. And it is immaterial whether the offence be 
 committed within or without a district where pilotage is com- 
 pulsory. 
 
 * "Qualified" here has been judicially construed to mean qualified to 
 pilot the ship'in question. 
 
132 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 Where a qualified pilot supersedes an unqualified pilot the 
 master is only obliged to pay one charge. Yet the unqualified 
 pilot is entitled to something on account of what he has done. 
 That something is therefore payable out of the charge of the 
 qualified man who supersedes him. Any dispute arising as to 
 the proportions of the charge which go to each of the two men 
 must be settled by the pilotage authority. 
 
 Where Unqualified. Pilots may Act. — There are three cases 
 under the Merchant Shipping Acts in which an unqualified 
 pilot may act without subjecting himself, or his employer, to any 
 penalty. They are, first, when no properly qualified pilot offers 
 himself, or signals his intention to do so ; second, where neces- 
 sity compels the master to take the best assistance available at 
 the moment ; and, third, the case where a vessel is to be moved 
 about within the limits of a port and the employment of an 
 unqualified man does not infringe the local regulations. 
 
 Pilotage Certificates for Ship's Officers. — Masters and mates 
 may obtain pilotage certificates from the pilotage authorities on 
 payment of certain fees and on passing a proper examination. 
 Such certificates are available for a year and must then be 
 renewed. They allow the holder to act as a qualified pilot 
 within the district to which they refer, but only in respect of 
 the ship, or ships, in respect of which it is granted. These, of 
 course, include the ship of which the holder is officer, and they 
 may also include other vessels belonging to the same owners. 
 
 Compulsory Pilotage. — Pilotage is compulsory on all home- 
 trade passenger-ships, while navigating within the limits of any 
 district for which pilots are licensed. For this reason, at least 
 one officer on board such vessel usually has a pilotage certificate 
 for the districts in which the vessel usually plies, so as to relieve 
 her from the necessity of employing an outsider. One of the 
 effects of this custom is to deprive the vessel, in cases of colli- 
 sion, of the opportunity of setting up a defence of " Compulsory 
 Pilotage." For that defence — as will be seen in a moment — 
 must rest on the fact that the vessel was at the time in charge 
 of a person who was not the master nor one of the crew. 
 
 Where pilotage is compulsory, the non-employment of a 
 pilot does not necessarily avoid the liability to pay the charges 
 for the service ; for if the master of a vessel, not being qualified 
 himself or by his officer to act as pilot, continues to pilot the 
 vessel himself after a qualified pilot has signalled to him, he is 
 liable to a fine of double the amount of the pilotage that would 
 have been payable to such pilot. 
 
 But the 605th section of the Merchant Shipping Act of 1894 
 makes an exception in favour of vessels passing through pilotage 
 
COMPULSORY PILOTAGE. 133 
 
 districts when on a voyage between two ports, both situate out- 
 side such districts. Vessels so bound are not obliged to employ 
 pilots in the district nor are they liable for charges in respect of 
 them, provided they do not load or discharge within the district, 
 nor at any place situate on the same river (or on its tributaries) 
 as, but situate higher up than, the district. 
 
 It is exceedingly important that pilots should be employed 
 where their employment is compulsory for the reasons I have 
 stated as to penalties. But the question of compulsory pilotage 
 becomes more important still in cases of collision. These 
 casualties are most likely to occur in narrow waters and in the 
 channels which focus upon busy ports, and the defence of com- 
 pulsory pilotage is the only one which will avail a vessel whose 
 manoeuvres are considered to have contributed to such a casualty. 
 The ship and her master and owner are liable for all the damage 
 she causes or contributes to, according to the rule of law. But 
 since the law itself insists that, in certain cases, a pilot (who is 
 not the servant of those interested in the ship, and in whose 
 choice they have no voice whatever) shall come aboard and take 
 the direction of the vessel, there is very rightly an exception to 
 the general rule of law here. Thus it comes about that where 
 a vessel is by compulsion of law under the direction of a pro- 
 perly qualified pilot— that is to say, of a pilot who is qualified, 
 according to the regulations of the local pilot authority, to take 
 charge of the ship in question — and she by her default causes 
 damage to another ship by collision, she is freed by law from 
 the consequences of the wrongful act of the pilot. But for the 
 reasons which have been given, the defence of compulsory 
 pilotage is very closely scrutinised. The presumption of law is, 
 in the first place, that the master is the responsible person on 
 board the ship, and, in the second place, that the ship is respon- 
 sible for all damage she occasions. These two presumptions are 
 rebuttable by this defence, but those who set it up must be 
 prepared to show that, at the time of the happening of the 
 occurrence in question, the compulsion was in existence, and 
 that the want of support from the crew to the pilot did not in 
 any way contribute to the disaster. 
 
 A Defence in Collision Cases. — The ship which suffers from 
 a collision through the fault of a pilot properly employed by 
 compulsion of law does not necessarily lose all her rights to 
 damages, for she can still proceed against the pilot. Of course, 
 in practice this resort is seldom made, for the pilot is not usually 
 a person from whom large damages could be recovered ; and in 
 a not very old case, where compulsory pilotage was pleaded as a 
 defence, and the plaintiffs thereupon sought to join the pilot of 
 
134 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 the defendant ship as a co-defendant with her, the Court of 
 Appeal rejected the application, and the then Master of the Rolls 
 (Lord Esher) characterised the suggestion as a mean one. 
 
 The question as to whether a pilot is, or is not, compulsorily 
 employable, becomes most material indeed in deciding the rights 
 and duties of the master of a ship, and yet the definition of the 
 limits of the pilotage districts, even in this country, is in a most 
 confused state. Pilotage districts have been erected by various 
 statutes, and by other means, prior to the passing of the Mer- 
 chant Shipping Acts. New districts have been carved out of 
 previously existing ones, and the powers and duties of the one 
 overlap and run together with those of the other. The case of 
 the Charlton, tried in the beginning of 1895, is an instance. It 
 related to the defence of compulsory pilotage in the Bristol 
 Channel district. Bristol is a long existing port with an original 
 district of very large dimensions. But the coal ports of South 
 Wales have, since the days of steam, attained an importance 
 which Bristol itself never reached in the old days, and they 
 have therefore been given districts for themselves. The ques- 
 tion in that case, where only one voyage and an admitted 
 position were involved, appeared exceedingly difficult, and the 
 determination of the liability or non-liability of the defendant 
 ship brought into play an immense amount of legal and anti- 
 quarian research. It is obviously impossible here, therefore, 
 to assist the shipmaster in any attempt to define the places 
 where in any particular voyage he may rightly entrust the 
 pilotage of the ship to even a qualified pilot. He can only 
 exercise the ever ceaseless vigilance which is required of the 
 commander of a ship, and, if a casualty happen, leave the dis- 
 cussion of these abstruse questions to those whose business lies 
 ashore. 
 
 Master's Duty. — The master's only relief from the responsi- 
 bility for the safe navigation of his ship is, as has been seen, 
 when he properly employs a duly qualified pilot. Yet even that 
 relief is subject to some qualification, for the master is even then 
 responsible for the seeing that the crew lend the pilot proper 
 assistance by obeying his orders with due diligence and exacti- 
 tude. The master must see that the helm orders are obeyed, 
 that the engine-room telegraph is attended to, that the anchor 
 is weighed or dropped promptly, and that look-out and leadsman 
 do their respective duties. In sailing ships the crew must obey 
 the orders as to ropes and sails. Moreover, there is a possibility 
 that the pilot may prove himself obviously unequal to the task he 
 has taken upon himself. He may, through ill-health or from the 
 injudicious use of stimulants, prove that he is unfitted for -the 
 
PILOT FLAGS, 1 35 
 
 responsibilities of the moment. Then it is the master's duty to 
 depose him and to take charge of the vessel himself. In home 
 waters, perhaps, such instances do not often occur. But abroad, 
 where pilots are less carefully chosen, and less subject to 
 authority, cases such as are here suggested are not infrequent. 
 It is the master's duty to see that the pilot is competent and 
 careful. 
 
 There are, of course, cases in which, though pilotage may be 
 compulsory, a pilot may be unobtainable at the moment, and 
 the master may be justified, in the exercise of his discretion, in 
 proceeding without one. He will be justified in doing so only 
 when he uses every possible precaution in his progress, and 
 when he has good reason to apprehend serious dangers to the. 
 ship, if he delay in the hope of getting a qualified pilot. 
 
 Pilot Flags. — It is essential, for the convenience and safety 
 of all concerned, that pilot-boats should be easily recognised 
 even by strangers, and accordingly the Merchant Shipping Act 
 enacts that rules shall be made as to the flags and signals to 
 be used in regard to this matter. In the first place, a pilot 
 flag is defined as a flag of large dimensions in comparison with 
 the size of the vessel flying it, and of two colours, red in the 
 upper half and white in the lower. This has to be flown by the 
 pilot-boat in a conspicuous position. The boat herself must be 
 black, unless the local authority enjoins some other scheme of 
 colour, and on her bows must be painted the number of her 
 licence. This number must not be concealed. In cases where 
 a pilot is taken off by a boat which is not regularly employed in 
 the pilot service, care must be taken that the flag is shown. 
 These regulations are, of course, intended to make it easy for 
 the master to know where to look for his pilot. On the other 
 hand, to protect the pilot against useless journeys, the master 
 of a vessel is responsible for seeing that when he has a pilot on 
 board for a district where pilotage is compulsory, or where he 
 or one of his officers is duly qualified to pilot that vessel in that 
 district, and the person qualified is so acting as pilot, his vessel 
 flies a pilot flag as long as she is in the district. 
 
 As a protection against evasion and fraud, a penalty is con- 
 stituted for those who wrongfully display pilot flags when they 
 have not, but ought to have, pilots on board. And the same 
 penalty is given against those who show a flag which is so like 
 a pilot flag as to be likely to deceive those who observe it. 
 
 Pilotage Signals. — Certain signals for those who want the 
 assistance of a pilot are now promulgated by Order in Council. 
 Prior to the Merchant Shipping Act of 1894 they were embodied 
 in the then existing Merchant Shipping Act. Any one who 
 
136 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 displays, or allows to be displayed, a signal for a pilot when one 
 is not needed, or who hoists any signal other than the one 
 authorised for the purpose of summoning a pilot, is liable to a 
 substantial penalty. 
 
 But this enactment does not interfere with the use of private 
 signals registered with the Board of Trade, and approved by it 
 as being of such a distinctive character as not to be likely to 
 mislead any one into the belief that they are distress or pilot 
 signals. The pilot signals formerly in use are re-enjoined by 
 an Order in Council of date December 12, 1894. They consist 
 of two sets of signals for use by day and also of two for use by 
 night. The day signal may be either, a special flag to be hoisted 
 at the fore (this flag consists of 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, in substitution for the 
 above, the flags "PT" in the International Code. 
 
 At night the alternative signals are a blue light every fifteen 
 minutes or a white light shown, for periods of about a minute 
 at short intervals, just above the bulwarks. 
 
 The two day signals may be used separately or in combination, 
 and the same remark is applicable to the use of the two night 
 signals. 
 
 Use of National Flag. — "Whilst dealing with these signals it 
 may be well to notice the other regulations as to flags for other 
 purposes. 
 
 The declaration of a ship's nationality to the customs officer 
 is one of the conditions precedent to clearance, and it is the duty 
 of that officer to insert the name of the nationality so declared 
 in the bill of clearance. 
 
 The proper flag to be worn by British merchant vessels is 
 the red ensign, and the use of that is enjoined upon all merchant 
 ships. Leave may, of course, be given to particular persons to 
 use other flags. A case in point is the blue ensign, which is 
 worn by vessels commanded by officers of the Royal Naval 
 Reserve. If British vessels fly unauthorised flags, commissioned 
 naval or military officers on full duty, or consular or customs 
 officers, may confiscate such colours, and the master or other 
 person responsible (including the owner, if aboard) is liable to 
 a fine of ^500. This fine may be recovered in the High Court, 
 or proceedings in respect of the offence may be taken summarily. 
 In the latter case, ^100 is the maximum penalty recoverable. 
 
 The master of a British ship is required, under a penalty of 
 ;£ioo, to see that the national colours are hoisted on his ship 
 whenever it is signalled to by a King's ship, or whenever it is 
 entering or leaving a foreign port, or whenever it is entering or 
 
DISTRESS SIGNALS. I 37 
 
 leaving a British port. But the fulfilment of the last require- 
 ment does not extend to the case of vessels whose gross tonnage 
 does not exceed fifty tons, or to fishing-boats which have com- 
 plied, in the matter of registration, numbering, and lettering, 
 with the requirements of the Merchant Shipping Act in regard 
 to fishing vessels. 
 
 Foreigners may not Use it. — Foreign vessels, or vessels 
 which are owned by persons who are not qualified to own 
 British ships, may not use the flag for the purpose of making 
 it appear that they are British ships, under pain of forfeiture. 
 The assumption of the British colours will, however, be allowed 
 where proof can be made that the act was done to avoid capture 
 by an enemy. 
 
 Penalty for Concealing Nationality. — What more concerns 
 our view is the fact that, where an attempt is made to conceal 
 the character of a British ship from any person entitled under 
 British law to inquire into it, the master is liable to fine and 
 the ship to forfeiture. 
 
 Distress Signals. — There are four alternative signals for use 
 by day and the same number for use by night. They are — 
 
 For use in the Daytime — 
 
 (i) A gun, or other explosive signal, fired at intervals of about a minute. 
 
 (2) The International Code signal of distress, indicated by N C. 
 
 (3) The distant signal, consisting of a square flag, having either above 
 
 or below it a ball, or anything resembling a ball. 
 
 (4) A continuous sounding with any fog-signal apparatus. 
 
 For use at Night — ■ 
 
 (1) A gun, or other explosive signal, fired at intervals of about a minute. 
 
 (2) Flames on the vessel (as from a burning tar-barrel, oil-barrel, &c). 
 
 (3) Rockets or shells, throwing stars of any colour or description, fired 
 
 one at a time, at short intervals. 
 
 (4) A continuous sounding with any fog-signal apparatus. 
 
 The use of such signals, when aid is not required, will involve 
 the master of the ship which displays them in a liability to 
 compensate those who answer them, for their labour, risk, or 
 loss arising from their action in going out to assist. 
 
 Ordinary Ship's Signals. — There are also the ordinary lights 
 to be carried by sailing vessels and steamers under various cir- 
 cumstances for the purpose of avoiding collisions at sea. The 
 present rules came into force on 1st July 1897, and are uni- 
 versally obeyed by the ships of all maritime nations, being 
 enforced upon its own ships by every one of these countries. 
 These rules deal with sound signals as well as with lights. The 
 discussion of them would involve the whole of the legal ques- 
 tions arising out of the law of collisions at sea. Space will not 
 
138 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 admit of their treatment here, and the understanding and 
 obedience to the rules are, in the first instance, more questions 
 of navigation than of law. 
 
 The proper lights and appliances for sound signals must, 
 however, be carried as part of the vessel's outfit, and official 
 surveyors of ships must be allowed to examine them. These 
 officers, if they consider the lights and appliances wanting in 
 any respect, will give the master notice in writing of the defects 
 observed and will require him to remedy them. 
 
 Light Dues. — The lighthouses on the coasts of the United 
 Kingdom are maintained by light dues which are leviable in 
 respect of merchant ships, British or foreign, which have the 
 advantage of their existence. The machinery for the collection 
 and distribution of the dues and for the maintenance of the 
 lights does not concern us here. All that the shipmaster needs 
 to know is that light dues are leviable, and what they are. 
 Tables of the dues and copies of the regulations concerning 
 them, in force for the time being, are posted at all the custom- 
 houses in the United Kingdom, and although the dues leviable 
 in respect of a certain voyage may be eventually payable in 
 respect of lights under different general lighthouse authorities, 
 yet, for convenience, the person who collects dues at any British 
 port does so on behalf of all the authorities concerned. The 
 liability for the payment of these dues attaches in the first 
 instance to the shipowner or master. But there is also (as in 
 the case of pilotage rates) a liability in such consignees or agents 
 in the ports of arrival or discharge as shall have paid, or made 
 themselves liable to pay, any other charge on account of the 
 ship. And such persons have a right to reimburse themselves 
 for payments made on this account, and for reasonable expenses 
 in connection therewith, out of the money which comes to their 
 hand on account of ship or of owner. 
 
 Not only can the light dues be recovered like fines under 
 the Act, but there is also given to the collector a right to 
 distrain upon the vessel and upon anything on board of her, 
 whether belonging to the owner or not, if the dues be not paid 
 on demand. He is entitled to keep the distress so taken till 
 the dues are paid. And if such payment be not made within 
 three days, he can, after the fulfilment of certain requirements, 
 sell the distress and, out of the proceeds, satisfy the debt and 
 reimburse himself for the costs of distraining and sale. 
 
 As the receipt for the payment of light dues is given to the 
 person who pays them, and as it must be produced when clear- 
 ance is sought, the master must remember to obtain it in due 
 time to avoid delay in sailing. 
 
( 139 ) 
 
 CHAPTER XIV. 
 
 THE MASTER'S DUTY UPON ARRIVAL AT THE PORT OF 
 DISCHARGE. 
 
 Contents.— A "Safe" Port— Steps to be taken on Arrival— Lists to be 
 given in— As to the Official Log— The Master's Protest— The Master in 
 relation to the Laws of Foreign Countries. 
 
 A "Safe " Port. — Where a vessel's contract is to go to a " safe 
 port where she may lie always afloat," and the port to which her 
 orders call upon her to go is not such as falls within that de- 
 scription, the master is justified in taking her to the nearest 
 port which satisfies that designation. There is a not very modern 
 case which lays it down that, if, on reaching a port at which 
 orders for discharge are to be received, and none are there found, 
 the master is not bound to communicate with the charterer, but, 
 after waiting for a reasonable time, may proceed to any of the 
 ports of discharge named in the charterparty. In these days 
 of cheap telegrams and rapid delivery of letters it may be 'a little 
 questionable if such a decision would be strictly followed by the 
 Courts, and it would be advisable for the master to take no step 
 without communicating with either the charterer, or, at least, 
 with his owners, or better, with both. 
 
 Steps to be taken on Arrival. — When the final port of dis- 
 charge is reached the master's duty is, as soon as may be, to 
 communicate with his owners. He must then make prepara- 
 tions for discharging his crew and for landing his cargo. As 
 to his crew, he must remember that he is still responsible for 
 the safety of his ship, and must retain a sufficient number of 
 men aboard to work her in any probable state of weather or 
 under any accident which should reasonably be within his con- 
 templation. As long as she be not docked, he ought to keep a 
 sufficient number of men on board to let go, or to heave, an 
 anchor, at the least. 
 
 Within forty-eight hours after arrival at the final port in 
 the United Kingdom from a foreign voyage, or upon the dis- 
 charge of the crew (whichever happens first), the master must 
 deliver the agreement with the crew to the superintendent, and, 
 
140 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 in return, receive a certificate of such delivery. This certificate 
 of delivery must be produced before clearance inward may be 
 granted. 
 
 Lists to be given in. — Certain lists have also to be given in. 
 These lists have been briefly referred to in the remarks upon 
 casualties. For the master must always deliver them, no matter 
 how the voyage terminate. 
 
 They are to be delivered by the master of every foreign- 
 going British ship (even if registered in colonial possessions 
 abroad) which discharges its crew at a port in the United 
 Kingdom. They are also due from the master of every home- 
 trade ship. 
 
 These must tell : 
 
 (1)* The number and date of the ship's register, and her registered 
 tonnage. 
 
 (2) The length and general nature of the voyage or employment. 
 
 (3) The christian-names, surnames, ages and places of birth, of all the 
 
 crew, including the master and apprentices ; 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 died, or otherwise 
 
 ceased to belong to the ship, with the times, places, causes, and 
 circumstances thereof. 
 
 (5) The names of any members of the crew who have been 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) Every marriage which takes place on board, with the date thereof, 
 
 and the names and ages of the parties. 
 
 In the case of foreign-going ships the limit in time ior the 
 delivery of these lists to the superintendent is similar to that 
 allowed for the delivery of the agreement with the crew, and the 
 production of a certificate of delivery is here, too, a precedent to 
 clearance. 
 
 In the case of home-trade ships these lists must be delivered 
 half-yearly within the first three weeks of the months of January 
 and of July. 
 
 As to the Official Log. — Within the same time as is limited 
 in the case of the foregoing documents the master of a foreign- 
 going ship must deliver to the superintendent his official log. 
 
 * The words quoted are from the old Act of 1854. The Consolidation 
 Act of 1894 re-enacts the former provision, but in (3) it improves the lan- 
 guage by substituting the word " ratings " for " qualities." 
 
THE MASTER'S PROTEST. I4.I 
 
 And the master of a home-trade ship must deliver his log at 
 intervals of six months and within the first three weeks of the 
 new half-year. A return of hirths and deaths (if any) has also 
 to be delivered in home-coming ships to the Kegistrar-General of 
 Shipping and of Seamen. When such return has to be delivered 
 abroad it must, in British possessions, be delivered to a shipping- 
 master, and to a British consul in foreign ports. 
 
 The Master's Protest. — The master on arrival at port, 
 whether it be a port of refuge, or the port of destination, goes 
 to the office of a notary and there makes a note, or protest, 
 which he signs in the presence of that official. 
 
 In the ordinary course such protest contains an account of the 
 vessel (sufficient for the purpose of identification) and of the 
 voyage, with the port of departure, nature of the cargo, and date 
 of arrival. If there has been any unusual incident, such as 
 exceptionally heavy weather, this should be described, in case 
 the cargo should prove damaged or the vessel be strained. So, 
 too, the putting into any intermediate port, if such has been 
 necessary, should be mentioned, and any other extraordinary 
 occurrence which has happened, and the measures adopted to 
 meet it, should be detailed. 
 
 The note, or protest, generally consists of two parts : one, as 
 it were, historical, or recitative, of the experience of the vessel 
 by the master ; and the other, protesting against the injury, 
 loss, or damage which may have been sustained. The latter 
 part is signed by the master or notary or both. The notary 
 appends to the whole a formal certificate of entry. This is made 
 under his hand and seal, and the date on which the protest is 
 made is given. 
 
 It is usual to make such a protest within forty-eight hours 
 of arrival. But if any delay has been made in entering it, it is 
 best to add a memorandum giving the reasons why it could not 
 be made sooner. The shipowner, consignee, and cargo-owner 
 have a right to demand a protest from the shipmaster or from 
 members of his crew ; but if the cargo-owners or consignees do 
 so, the expenses must be defrayed by them. 
 
 The master must remember that such a protest is an admis- 
 sion on his part, and may be therefore used in evidence against 
 him. Protests are more used abroad than at home, though in 
 this country they are useful for purposes of average adjustment. 
 Where there is no notary available, a magistrate or British 
 official can act in the capacity of notary; but where such persons 
 act, it is well to make and take away a copy of the protest cer- 
 tified by the official. 
 
 Protests are also made against the master for alleged mis- 
 
I42 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 conduct, such as drunkenness, or for irregularity (such as, 
 refusing to sign bills of lading in desired form), or for alleged 
 delay in proceeding to sea. 
 
 By the master they may be made for delay in loading or 
 discharge beyond the lay-days stipulated. 
 
 The Master in Relation to the Laws of Foreign Countries. 
 — "We have seen something in the foregoing pages of the ex- 
 ceedingly careful way in which the British Government has 
 provided a check for every movement and a permission for every 
 act of the British shipmaster, but we have not seen, and cannot 
 see, anything here of the very great body of foreign law which 
 bears upon the same individual. The law of each country is 
 different. Something of this was seen in the remarks we made 
 on the different legal principles involved in the case of " both 
 to blame," in collision cases. That " both to blame " is a com- 
 paratively simple matter, and there does not seem any very 
 great opening for much variation in practice ; but when we come 
 to more complex matters, and to petty detail instead of broad 
 principles, the position is much aggravated. Not only are there 
 foreign laws, but there are various colonial ordinances which 
 must be obeyed. 
 
 There seems little hope that the shipmaster who visits a 
 foreign port for the first time will ever really be able to appre- 
 ciate all his responsibilities and duties. Yet that is no reason 
 why he should be discouraged — no reason why he should get 
 into difficulties. "We have seen as we went along that, though 
 on occasion nice questions of law may be raised as to who may 
 at the moment be the person for whom the master is acting, 
 the question does not in the least affect the shipmaster's duty. 
 His duty, when acting for others, is to act carefully and reason- 
 ably and without partiality or extravagance ; so, when he gets 
 into foreign ports, his duty is again to act reasonably, and, above 
 all, to avoid concealment. " When in doubt, make a report," 
 might almost be the summing-up of the advice to shipmasters in 
 contact with foreign regulations. 
 
C 143 ) 
 
 APPENDIX I. 
 
 TABLE SHOWING THE REQUIREMENTS AS TO SEA SERVICE 
 NECESSARY TO QUALIFY FOR CERTIFICATES OF COM- 
 PETENCY. 
 
 Note.* 
 Services in Square-rigged Sailing Vessels.— A candidate for an 
 ordinary certificate of any grade who has not previously held an Ordinary 
 Certificate of a lower grade, must prove that he has served twelve months 
 in the Foreign Trade or eighteen months in the Home or Coasting Trade 
 in a square-rigged sailing vessel.f 
 
 Nature of Certificates — Where foreign-going certificates are re- 
 quired to be held to qualify candidates for examination, they may be 
 either the Ordinary Certificates or those for fore-and-aft-rigged vessels or 
 for foreign-going steamships. 
 
 ORDINARY CERTIFICATES FOR FOREIGN-GOING SHIPS. 
 
 Rank. 
 
 Mini- 
 mum 
 Age. 
 
 Total 
 
 Sea 
 Service 
 (Years). 
 
 Officer's Service in Merchant Vessels. 
 
 Years. 
 
 Lowest Capacity. 
 
 Lowest 
 Certificate 
 
 (if any) 
 required. 
 
 2nd Mate 
 Only Mate 
 ist Mate 
 
 17 
 
 J 9 
 
 4 
 
 5 
 5- 
 
 1 
 1 
 
 No Officer's service required. 
 No Officer's service required. 
 3rd or 4th Mate in Foreign Trade 
 m charge of Watch. 
 
 Or 
 Only Mate in Home or Coasting 
 Trade. - 
 
 Or 
 
 Pilot with 1st Class Pilot'sCerti- 
 ficate. 
 
 Nil. 
 
 Nil. 
 2nd Mate 
 Foreign- 
 going. 
 
 2nd Mate 
 Foreign- 
 going or 
 Home-Trade 
 Mate. 
 
 Nil. 
 
 * The Regulations of 1894 contained the following provision, which is now abolished : 
 "Recent Experiences at Sea.— No candidate will be allowed to be examined for any 
 grade of certificate unless he has served at sea two years, either in the Home, 
 Coasting, or Foreign Trade, within the last six years, of which six months must have 
 been within the last three years immediately preceding the date of his application to 
 be examined," 
 
 t The Regulations of 1894 provided that this service was to have been within the last 
 five years. But those last issued (in the year 1900) are silent on this voint. 
 
144 APPENDIX I. 
 
 Ordinaey Certificates foe Foeeign-going Ships— continued. 
 
 
 
 Total 
 
 Sea 
 
 Service 
 
 (Years). 
 
 Officer's Service in Merchant VesaelB. 
 
 Kank. 
 
 Mini- 
 mum 
 Age. 
 
 Years. 
 
 Lowest Capacity. 
 
 Lowest 
 Certificate 
 
 (if any) 
 required. 
 
 
 
 
 
 
 Master . 
 
 21 
 
 6 
 
 i 
 
 Only Mate in Foreign Trade . 
 Or 
 
 Only Mate 
 Foreign- 
 going. • 
 
 
 
 
 ii 
 
 Only Mate in Home or Coast- 
 ing Trade. 
 
 And in addition ) uvlesstheabove 
 service was performed with a 
 FirstMate' sForeign-goingCer- 
 tificate, he will also be required 
 to proveoneof the following ser- 
 vices prescribed for that grade. 
 
 Only Mate 
 Foreign- 
 going. 
 
 
 
 
 i 
 
 3rd or 4th Mate in Foreign Trade 
 in charge of Watch. 
 
 Or 
 
 2nd Mate 
 Foreign- 
 going. 
 
 
 
 
 ii 
 
 Only Mate in Home or Coasting 
 Trade. 
 
 Or 
 
 2nd Mate 
 Foreign- 
 going or 
 Home-Trade 
 
 Mate. 
 
 
 
 
 i 
 
 Pilot with 1st Class Pilot's Cer- 
 tificate. 
 
 Or he must have served 
 
 Nil. 
 
 
 
 64 
 
 i 
 
 2nd Mate in Foreign Trade 
 And in addition 
 
 1st Mate 
 Foreign- 
 going. 
 
 
 
 
 4 
 
 3rd or 4th Mate in Foreign Trade 
 
 2nd Mate 
 
 
 
 
 
 in charge of Watch. 
 Or he must have served 
 
 Foreign- 
 going. 
 
 
 
 9* 
 
 3 
 
 Master in Home or Coasting 
 Trade. 
 
 2nd Mate 
 Foreign- 
 going 
 or Master 
 Home-Trade 
 
 
 
 
 
 j for one year 
 
 
 
 
 
 
 of such 
 
 
 
 
 
 Or 
 
 service. 
 
 
 
 
 i 
 
 Master in Home or Coasting 
 Trade. 
 
 And in addition 
 
 \ Do. 
 
 
 
 
 3 
 
 Mate in Home or Coasting Trade 
 
 ) 
 
 Extra 
 
 
 
 
 
 
 Master . 
 
 — 
 
 
 
 — 
 
 Same as Master. 
 
 
 If all the service was in Home or Coasting Trade. 
 
CERTIFICATES. 
 
 145 
 
 CERTIFICATES FOR FOREIGN-GOING FORE-AND-AFT-RIGGED 
 
 VESSELS. 
 
 Rank. 
 
 and Mate 
 Only Mate 
 1st Mate . 
 Master 
 
 Mini- 
 mum 
 Age. 
 
 Total 
 
 Sea 
 
 Service 
 
 (Years). 
 
 Officer's Service in Merchant Vessels. 
 
 Years. 
 
 Lowest Capacity. 
 
 Lowest 
 Certificate 
 
 (if any) 
 required. 
 
 Same as for Ordinary Certificates ; except that no service ir 
 square-rigged Sailing Vessels is required. 
 
 CERTIFICATES FOR "FOREIGN-GOING" STEAMSHIPS. 
 
 2nd Mate 
 Only Mate 
 1st Mate . 
 Master 
 Extra 
 Master . 
 
 Same as for Ordinary Certificates ; except that the service a- 
 Officer must have been performed in a Steamship and that n< 
 service in square-rigged Sailing Vessels is required. 
 
 CERTIFICATES FOR HOME-TRADE PASSENGER-SHIPS. 
 
 Mate 
 
 r 9 
 
 4 
 
 - 
 
 No Officer's service required 
 
 Nil. 
 
 Master 
 
 20 
 
 S 
 
 I 
 
 Only Mate .... 
 
 Mate 
 Home Trade 
 
 or 
 Only Mate 
 Foreign- 
 going. 
 
 
 
 
 2i 
 
 Or 
 
 2nd Mate in charge of Watch 
 
 Mate 
 Home Trade 
 or 
 2nd Mate 
 Foreign- 
 going. 
 
 
 
 
 I 
 
 Or 
 As Pilot with 1st Class Pilot's 
 Certificate. 
 
 Nil. 
 
( 146 ) 
 
 APPENDIX II. 
 
 SUBJECTS FOE EXAMINATION FOR CERTIFICATES OF 
 COMPETENCY. 
 
 *** The arrangement and wording of the present rules are quite new, but the 
 only fresh matter in substance is printed in italics, or noted as fresh. 
 
 These Rules came into force on ist January 1898, and supersede the 
 previous Regulations (which came into force on ist March 1894). Further 
 slight alterations were made in 1900, and the changes thus introduced are 
 noted in small capitals. 
 
 Note. — Ordinary Certificates will entitle the holders to go to sea as 
 mates or masters of any vessels, sailing or steam. 
 
 Second Mate, Ordinary. Examination in Navigation.— A 
 candidate for a second mate's certificate will be required — 
 
 (a) To write a legible hand and spell correctly. This will be tested by 
 
 NOT LESS THAN a quarter of an hour's dictation. 
 
 (b) To write a short definition of various astronomical and other terms, 
 
 and to draw a rough sketch or diagram to illustrate their meaning. 
 
 (c) To show a competent knowledge of the first five rules of arithmetic, 
 
 and the use of logarithms. 
 
 (d) To work a day's work complete, correcting the courses for leeway, 
 
 deviation, and variation. 
 
 (e) To find the latitude by the meridian altitude of the sun. 
 (f )* To work any practical problem in parallel sailing. 
 
 (g)t To find the true course and distance from one given position to 
 another by Mercator's method ; also the compass course, the 
 variation and deviation being given. 
 
 (h) To find the time of high water at a given port. 
 
 (i) To find the true amplitude of the sun and the error of the compass 
 therefrom ; also the deviation, the variation being given. 
 
 (j)t To find the longitude by chronometer from altitude of the sun by 
 the usual methods, computing the daily rate of chronometer 
 from errors observed when required ; also to find the true azimuth 
 of the sun and the error of the compass ; and the deviation, the varia- 
 tion being given. 
 
 (k)f To find the true azimuth of the sun by the " Time Azimuth " Tables ; 
 the error of the compass ; also the deviation, the variation being 
 given. 
 
 (1)§ To find on either a "true" or "magnetic" chart, || the course to 
 
 * The previous rules put it " To find ... the difference of longitude from a given 
 departure by parallel sailing." 
 
 t Formerly " To find the course and distances from one position to another by 
 ilercator's method." 
 
 1 I (j) and (k) These are great extensions of the old rules. 
 
 § 1 (1) is new. 
 
 || The short terms " true " and " magnetic " are used throughout the Regulations to 
 
SUBJECTS FOE EXAMINATION. 147 
 
 steer and the distance from one given position to another ; to 
 find the ship's position on the chart from cross-bearings of two 
 objects ; from two bearings of the same object, the course and 
 distance run between taking of the bearings being given ; also 
 the distance of the ship from the object at the time of taking the 
 second bearing. 
 
 He will be required to answer viva voce questions on the following 
 subjects — 
 
 (m) The use and adjustments of the sextant, read off and on the arc and 
 the mode of finding the index error by both horizon and sun, 
 
 (n) The International Code of Signals. 
 
 (0) The construction, use, and principle of the barometer, thermometer, and 
 
 hydrometer. 
 (p) Weights and measures. 
 
 Examination iu Seamanship. — He must understand and give 
 satisfactory answers on the following subjects : — 
 
 (a) The standing and running rigging of ships. 
 
 (b) Bending, unbending, setting, reefing, taking in, and furling sail. 
 
 (c) Sending masts and yards up and down, &c. 
 
 (d) Management of a ship when under canvas. 
 
 (e) Management of ship's boats in heavy weather. 
 
 (f) Dunnaging and stowing cargo, &c. 
 
 (g) The Rule of the Road as regards both steamers and sailing vessels, 
 
 their regulation lights and fog and sound signals, 
 (h) The signals of distress, and the signals to be made by ships wanting 
 
 a pilot, and the liabilities and penalties incurred by the misuse 
 
 of these signals, 
 (i) The marking and use of the lead and log lines, 
 (j) The use and management of the rocket apparatus in the event of a 
 
 vessel being stranded, 
 (k) Any questions of a like nature appertaining to the duties of a second 
 
 mate that the examiner may think necessary to ask. 
 
 (1) Also questions on the additional subjects which are specified in the 
 
 rules of examination for second mate's certificates of competency 
 
 for foreign-going steamships. 
 Only and First Mate, Ordinary. Examination in Naviga- 
 tion. — A candidate for an only or first mate's certificate will be required — 
 (a)* To work out any three of the nautical problems prescribed for 
 
 the second mate's examination which may be given him by the 
 
 examiner, in addition to the chart paper (1), and the oral subjects 
 
 (m, n, o, p) prescribed for that grade. 
 
 (b) To compute the time at which a given star will be on the observer's 
 
 meridian {occasionally by inspection). 
 
 (c) To describe where tables giving the names of the principal stars passing 
 
 the meridian may be found. 
 
 (d) To describe where the meridian passage of the principal planets maybe 
 
 found. 
 
 (e) To determine what bright stars will be within an hour, or more, of the 
 
 observer's meridian, above the pole and above the horizon, at any 
 
 indicate charts which have compasses engraved upon them, showing the true or mag- 
 netic points of the compass respectively. 
 
 * This states the old requirement that "in addition to the qualifications required 
 for a second mate, an Only and First Mate must ..." in somewhat more formidable 
 language. As the requirements from Second Mates are increased, this provision, of 
 course, increases the severity of the tests applied to candidates for the higher grade 
 certificates. - - - 
 
I48 APPENDIX II. 
 
 given time ; also the hour angle, east or west, of each of the stars, 
 and whether to the north or south of the observer's zenith when pass- 
 ing the meridian. 
 
 (f) To describe any maps or diagrams which the candidate knows and 
 
 prefers for further facilitating the recognition of the stars and 
 planets. 
 
 (g) To compute the approximate meridian altitude of one of the stars just 
 
 found, for setting the sextant. 
 (h) To find the latitude from the meridian altitude of the same star. 
 (i) To find the longitude by chronometer by altitude of a star. 
 (j) To find the true azimuth of a star by the " Time Azimuth " Tables, and 
 
 to get the deviation therefrom. 
 (k) To find the latitude by ex-meridian altitude of the sun or a star. 
 (1) To find the line of position and the true bearing of the sun, and the 
 
 ship's position, by Sumner's method by projection, 
 (m) To answer certain questions relative to cyclones or revolving 
 
 storms. 
 He will be required to answer viva voce questions on the following 
 subjects : — 
 
 (n) How to keep a ship's log-book. 
 
 (0) How to calculate the capacity of a given bunker or hold. 
 (p) How to calculate a freight and, its commissions. 
 Examination in Seamanship. — In addition to the qualifications 
 
 required for a second mate's certificate, an only mate or first mate will be 
 required to show a knowledge of the following subjects — 
 
 (a) Shifting large spars, rigging shears, taking lower masts in and out. 
 
 (b) How to moor and unmoor ship ; to keep a clear anchor ; and to 
 
 carry out an anchor. 
 
 (c) How to manage a ship in stormy weather, and to cast a ship on a 
 
 lee shore. 
 
 (d) How to secure the masts in the event of accident to the bowsprit. 
 
 (e) How to rig purchases for getting heavy weights, anchors, machinery, 
 
 &c, in or out. 
 
 (f ) How to dispose various kinds of cargo and weights in a stiff, and in 
 
 a tender ship. 
 
 (g) The ventilation of holds and the stowage of explosives. 
 
 (h) How to rig a sea-anchor, and what means to employ to keep a 
 vessel, disabled or unmanageable, out of the trough of the sea, 
 and lessen her lee drift. 
 
 (i) How to get a cast of the deep-sea lead in heavy weather. 
 
 (j) Accidents, and how to deal with them. 
 
 (k) Any other questions appertaining to the duties of an only or first 
 mate which the examiner may think necessary to ask. 
 
 (1) Also questions on the additional subjects which are specified in the 
 
 rules of examinations for only and first mate's certificates of com- 
 petency for foreign-going steamships. 
 Master, Ordinary. Examination in Navigation.— A candi- 
 date for an Ordinary Master's certificate will be required to work out any 
 twelve of the nautical problems prescribed for the grades of Second and 
 First Mate that may be given him by the examiner, in addition to the 
 chart * paper, the cyclone * paper and the oral * subjects prescribed for 
 the grades of second and first mate. He will also be required — 
 
 * These matters being fresh for lower grades are also fresh for the master. But 
 the provision requiring the master to be ready to submit himself for examination in 
 all lower-grade subjects is old. 
 
SUBJECTS FOR EXAMINATION. 1 49 
 
 (a)* To find the latitude by the altitude of the Polar star at any time. 
 
 (b) To find the latitude by the meridian altitude of the moon. 
 
 (c) To find the magnetic bearing of any fixed object when at sea or at 
 
 anchor from bearings of the object taken with the ship's head 
 on equidistant compass points, and to compute the deviation 
 therefrom ; to construct a deviation curve upon a Napier's dia- 
 gram which will be furnished by the examiner, and show that he 
 understands its practical application : to give satisfactory written 
 and oral answers to certain practical questions as to the effect of 
 the ship's iron upon the compasses, and the method of deter- 
 mining the deviation, and show how to compensate the deviation 
 by magnets and soft iron by the aid of Beall's Compass Devia- 
 scope. 
 
 (d) To find on a chart the course to steer by compass in order to counter- 
 
 act the effect of a given current, and to find the distance the ship 
 will make good towards a given point in a given time ; and to 
 work out practically the correction to apply to soundings taken 
 at a given time and place to compare with the depth marked on 
 the chart. 
 He will be required to answer viva voce questions on the following 
 subjects : 
 
 (e) f The law as to the engagement and discharge and management of the 
 
 erew and the entries to be made in tlie official log. 
 
 (f ) How to prevent and check an outbreak of scurvy on board ship. 
 
 (g) The law as to load-line marks, and the entries and reports to be made 
 
 concerning them. 
 (h) Invoices, charterparty, bills of lading, Lloyd's agent, nature of bottomry, 
 
 bills of exchange, surveys, averages, &c. 
 (i) The prevailing winds and currents of the globe. 
 (j) 'The trade routes. 
 (k) Tides. 
 
 Examination in Seamanship. — In addition to the qualifications 
 required for the grades of second and first mate, an ordinary master will 
 be required to show a knowledge of the following subjects : — 
 
 (a) Construction of jury rudders for both wooden and iron vessels, also 
 
 rafts. 
 
 (b) Resources for the preservation of the ship's crew in the event of 
 
 wreck. 
 
 (c) Management of ship in heavy weather. 
 
 (d) Rescuing the crew of a disabled vessel. 
 
 (e) Steps to be taken when the ship is on her beam-ends, or in any 
 
 danger or difficulty, or disabled or unmanageable and on a lee 
 shore. 
 
 (f) Heaving a keel out. 
 
 (g) How to proceed when placing a ship in dry dock, and directing re- 
 
 pairs, and when putting into port in distress with damage to 
 
 cargo and ship, 
 (h) Any other question of a like nature appertaining to the management 
 
 of a ship which the examiner may think it necessary to ask. 
 (i) Also questions on the additional subjects which are specified in the 
 
 rules of examination for masters' certificates of competency for 
 
 foreign-going steamships. 
 
 * This formerly read "to compute the latitude from the meridian altitude ol a 
 star," &c. 
 
 t (e) (f) (g) (h) These matters are uot absolutely new. They were, however, treated 
 under the head of "Seamanship" previously. 
 
150 APPENDIX II. 
 
 Certificates for Foreign-going Fore-and- Aft-Rigged Vessels. 
 
 Certificates for the grades of master, first mate, only mate, and second 
 mate of fore-and-aft-rigged vessels will be issued to candidates who have 
 not complied with the regulation which requires them to have served at 
 least one year in square-rigged sailing vessels,* or who prove in course of 
 examination that they are ignorant of the management of square-rigged 
 ships. In other respects the qualifications for examination for such certi- 
 ficates are the sarne as for ordinary certificates. 
 
 Note. — The examination for the various grades of above-meutioned 
 certificates is the same as that for ordinary certificates of the same grade 
 except that in seamanship a knowledge of the management of square- 
 rigged vessels is not required. 
 
 A certificate for fore-and-aft-rigged vessels will not entitle the possessor 
 to act in any case in which a certificate for square-rigged vessels is required. 
 Amongst square-rigged vessels are classed full-rigged ships, barques, brigs, 
 barquentines, brigantines, and steamships carrying square sails. 
 
 A. candidate possessing a certificate for fore-and-aft-rigged vessels, and 
 desiring to be examined for an ordinary certificate, must prove that he has 
 served at sea at least one year in a square-rigged sailing vessel, unless he 
 has previously held an ordinary certificate of a lower grade. 
 
 Certificates for Foreign-going Steamships. 
 
 Certificates applying only to steamships are issued to candidates who 
 are either unable to comply with the regulation which requires them to 
 have passed one year in square-rigged sailing vessels or who prove in course 
 of examination that they are ignorant of the management of square-rigged 
 sailing vessels. All the qualifying officers' service for these certificates must 
 have been performed in steamships. THESE CEBTIPICATES WILL ENTITLE 
 the holdebs to go to sea as masters ob mates of poeeign-going 
 steamships, but will not entitle them to go to sea as masters 
 ob mates op pobeign-going sailing ships. 
 
 These will be no distinction in these cebtipicates between 
 pobe-and-apt steamships and sqtjaee-bigged steamships. 
 
 Second Mate in Steamships. — The service and qualifications re- 
 quired are the same as those from candidates for ordinary certificates. So 
 is the knowledge of Navigation. But the knowledge of seamanship re- 
 quired differs ; thus, as to — 
 
 Seamanship. — The candidate must understand, and be able to give 
 satisfactory answers on, the following subjects : — 
 
 (a) The standing and running rigging of steamships. 
 
 (b) Bending, unbending, setting, reefing, taking in and furling sail. 
 
 (c) Sending masts and yards up and down, <fec. 
 
 (d) Seeing everything in readiness and clear for getting under way, and 
 
 the precautions to be then observed with regard to engines, pro- 
 peller, &c. 
 
 (e) Management of a steamship when under canvas. 
 . (f ) Management of a ship's boat in heavy weather. 
 
 (g) Dunnaging and stowing cargo, &c. 
 
 (h) The Eule of the Road as regards- both steamers and sailing vessels, 
 
 their regulation lights and fog and sound signals, 
 (i) Signals of distress, and signals to be made by ships wanting a pilot, 
 
 * Formerly the Regulation required proof of such service "within thclastjive years," 
 but this obligation is withdrawn. 
 
SUBJECTS FOR EXAMINATION. 15! 
 
 and the liabilities and penalties incurred by the misuse of these 
 signals, 
 (j) The marking and use of the lead and log lines, 
 (k) The construction, use, and action of the sluices, and of the water- 
 ballast tanks. 
 (1) Engine-room telegraph, &c. 
 (m) Use and management of the rocket apparatus in the event of a 
 
 vessel being stranded, 
 (n) Any other questions of a like nature appertaining to the duties of 
 the second mate of a steamship which the examiner may think 
 necessary to ask. 
 First and only Mate in Steam. — Age, service and Navigation are 
 the same as for ordinary certificates, save that no service in square-rigged 
 vessels is required, and that the candidate for a first mate's certificate 
 must have served in steamships. 
 
 Examination in Seamanship. — In addition to the qualifications 
 required for a second mate's certificate, an only or first mate will be 
 required to show a knowledge of the following subjects : — 
 
 (a) Shifting large spars ; rigging shears ; and taking lower masts in 
 
 and out. 
 
 (b) How to moor and unmoor ship ; keep a clear anchor; and to carry 
 
 out an anchor. 
 
 (c) Management of a steamship in stormy weather. 
 
 (d) How to rig purchases for getting heavy weights, anchors, machinery, 
 
 &c, in and out. 
 
 (e) How to dispose various hinds of cargo and weights in a stiff, and in a 
 
 tender vessel. 
 
 (f) Ventilation of holds, and the stowage of explosives. 
 
 (g) The effects of the screw race upon the rudder ; and the effect pro- 
 
 duced on the direction of the head of the ship by going (ahead), 
 (astern), with a (right) (left) handed screw when the rudder is 
 (ported) (starboarded) ; also, the effect of twin screws under the 
 same conditions, and when going ahead with one and reversing the 
 other, &c. &c. 
 (h) How to rig a sea-anchor, and what means to employ to keep a 
 steamer, with her machinery disabled, out of the trough of the 
 sea, and to lessen her lee drift, 
 (i) How to turn a steamship short round, 
 (j) How to get a cast of the deep-sea lead in heavy weather, 
 (k) Any other questions of a like nature appertaining to the duties of a 
 first mate of a steamship which the examiner may think necessary 
 to put to him. 
 Master, Steamships. — The qualifications as to age and service are 
 the same as for a master's ordinary certificate for a foreign-going ship, 
 excepting that the service required as officer must have been performed 
 in steamships, and that no service in square-rigged vessels is required. 
 
 Examination in Navigation, t- The examination in navigation for 
 a master's certificate for foreign-going steamships will be precisely the 
 same as that prescribed for an ordinary master's certificate. 
 
 Examination in Seamanship. — In addition to the qualifications 
 required for the grades of second and first mate, a master will be required 
 to show a knowledge of the following subjects : — 
 
 (a) Construction of rafts and jury rudders suitable for screw steamships. 
 
 (b) The preservation of the ship's crew in the event of wreck. 
 
 (c) Management of steamships in heavy weather. 
 
 (d) Rescuing the crew of a disabled ship. 
 
152 APPENDIX II. 
 
 (e) Steps to be taken when a vessel is on her beam-ends, or disabled 
 
 and on a lee shore. 
 
 (f) How to use steam appliances in the event of fire. 
 
 (g) The best arrangement for towing vessels under different circum- 
 
 stances, 
 (h) Placing ship in dry dock ; directing repairs ; and the mode of pro- 
 cedure when putting into port in distress with damage to cargo 
 and ship, 
 (i) Any other questions of a like nature appertaining to the manage- 
 ment of a steamship which the examiner may think necessary 
 to put to him. 
 Note.—U will be well here to regard the viva voce questions under the 
 head of "Navigation," with which the candidate for an ordinary master's 
 certificate must be prepared to deal. These chiefly relate to subjects 
 which were formerly grouped under the head of Steamship, and, 
 though there may not be much fresh amongst them, the change of position 
 may lead some persons to think them altogether dropped. — B. W. G. 
 
 Steamship Certificates, how Changed.— A candidate possessing a 
 certificate for foreign-going steamships, and desiring to be examined for 
 an ordinary certificate, must prove that he has served at sea at least one 
 year * in a square-rigged sailing vessel, unless he had previously held an 
 ordinary certificate of a lower grade. 
 
 Certificates for Home-Trade Passenger Ships. 
 
 Mate.— The candidate for a mate's certificate must write a legible 
 hand and spell correctly, and understand the first five rules of arithmetic, 
 both simple and compound. He must be able to take a bearing by com- 
 pass, be conversant with the use of Mercator's Chart, and be able to find, 
 on either a "true" or a "magnetic" chart, the course to steer and the 
 distance from one given position to another ; to find the ship's position on 
 the chart from cross bearings of two objects, and from two bearings of 
 the same object, the course and distance run between taking the bearings 
 being given ; also the distance of the ship from the object at the time of 
 taking the second bearing. He must also pass an examination in the 
 International Code of Signals. 
 
 Examination in Seamanship. — He must possess a thorough know- 
 ledge of the Rule of the Road as regards both steamers and sailing vessels, 
 their regulation lights, and fog and sounds signals. He must be able 
 to describe the signals of distress, and the signals to be made by ships 
 wanting a pilot, and the liabilities and penalties incurred by a misuse of 
 these signals ; also the use and management of the rocket apparatus in 
 the event of his vessel being stranded. He must be able to mark and use 
 the lead and log lines, to moor and unmoor A vessel, and to manage a 
 ship's boat in heavy weather, &c. He must also understand the construc- 
 tion, use and action of the bulkhead sluices, the engine-room telegraph, &c, 
 and to answer any other questions of a like nature appertaining to the 
 duties of a mate of a home-trade passenger-ship which the examiner may 
 think proper to put to him. 
 
 Master, Home Trade. — The candidate must be not less than twenty 
 years of age, and have served five years at sea, of which — 
 
 (a) One year must have been in a capacity not lower than that of only 
 mate of a home-trade or coasting vessel, whilst holding a mate's 
 
 * Formerly the Regulation required proof of such service within the last five years, 
 but this obligation is withdrawn. 
 
SUBJECTS FOB EXAMINATION. 1 53 
 
 certificate for home-trade passenger-ships, or an only mate's 
 certificate for foreign-going vessels ; 
 
 (b) or, two and a half years must have been in a capacity not lower than 
 
 second mate of a home-trade or coasting vessel in charge of a 
 watch, whilst holding a mate's certificate for home-trade passenger 
 ships, or a second mate's certificate for foreign-going vessels ; 
 
 (c) or, one year must have been as pilot with a first-class pilot's certifi- 
 
 cate. 
 
 Examination in. Navigation. — The candidate, in addition to the 
 qualifications required of a mate of a home-trade passenger-ship, will be 
 required to find on a chart the course to steer by compass in order to 
 counteract the effect of a given current, and to find the distance the ship 
 will make good towards a given point in a certain time, and to work out 
 practically the correction to apply to soundings taken at a given time and 
 place to compare with the depth marked on the chart, &c. He will also 
 be required to understand the use of the quadrant, and to be able to 
 observe with it, to read off and on the arc, and to find the index error by 
 the horizon. He will also be required to find the latitude by a meridian 
 altitude of the sun, and to give written answers to certain practical ques- 
 tions on the subject of the deviation of the compass. 
 
 Examination in Seamanship. — In addition to the qualifications 
 required of a mate of a home-trade passenger-ship, a master must under- 
 stand how to rig a sea-anchor, and what means to apply to keep a steam- 
 ship with machinery disabled out of the trough of the sea ; also how to get 
 a cast of the lead in heavy weather, &c. He will also be examined as 
 to his resources for the preservation of the crew and passengers in the 
 event of wreck, and the steps to be taken if his vessel is disabled and 
 drifting towards a lee shore, and will be required to answer any other 
 questions appertaining to the management of a home-trade passenger-ship 
 which the examiner may think necessary to put to him. 
 
 Note I. — The requirements from the candidates for home-trade certificates are the 
 same as they were under the former regulations. 
 
 Note II. — The Board of Trade also examines for extra master's certificates. But 
 these and the yacht certificates are purely voluntary, and need not therefore be gone 
 into here ; nor need the regulations for the other voluntary examinations in compass 
 deviation or in steam be noticed. 
 
( iS4) 
 
 APPENDIX III. 
 
 SUGGESTED CLAUSE TO BE INSERTED IN AGREEMENTS WHEN 
 THE MASTER INVESTS IN THE SHIP HE IS TO COMMAND. 
 
 And it is hereby further agreed between the said Messrs. A. B. <t Co. and the 
 said C. D. that the latter is, before he assumes command of the good ship F., 
 to pay to them the sum of £ for one sixty -fourth of (or for shares 
 
 in) the said ship. And it is further agreed that if the said C. D. shall at any 
 time be dismissed by the said A. B. & Co. they shall, within three months of 
 the date upon which they gave to the said C. D. notice of the termination of Ids 
 agreement with them, repay to him the value of his investment in the said ship. 
 And it is further agreed between the said parties that the value of such invest- 
 ment, if in dispute, shall be arrived at by arbitration. The arbitrators to 
 decide the said matter shall be two shipbrokers carrying on business in London 
 or Liverpool, who shall not be connected with the same firm. One arbitrator to 
 be named, by the shipowner and one by the master. In case of difference between 
 the arbitrators named, the decision shall rest with an umpire to be chosen by 
 the arbitrators. The said arbitrators and umpire, if any, shall consider the 
 values as on the date on which the notice of termination of the agreement was 
 given by the said Messrs. A. B. & Co. But it is hereby agreed that, if the said 
 C. D. desire it, he shall, either within a calendar month of the receipt of the 
 said notice or within a calendar month of the award arrived at as above 
 stated, be allowed to declare that he will continue his investment in the said 
 ship and shall give notice in writing to the said Messrs. A. B. & Co. of his 
 intention so to do. 
 
 In reference to the subject dealt with by the clause which I propose, it 
 may be well that masters should remember one or two points. The in- 
 sertion of such a clause as I suggest would by no means ensure in every 
 case to them the eventual return of their investment. That would be 
 quite an impossibility. The man who invests his capital in shipping must 
 take the risks of shipping. The loss of the ship is almost invariably pro- 
 vided for by insurance, and a stipulation is generally made that the 
 managing owners shall insure the property for the benefit of all concerned. 
 But the course of the markets may depreciate the value of the ship or 
 cause her working to be carried on at a loss. The managing owners may 
 negleot to insure the vessel in spite of their agreement to do it, and it 
 may turn out to be impossible to recover from them on account of the 
 loss occasioned by their omission. 
 
 Again, the vessel may be mortgaged. Then, of course, the rights of the 
 mortgagees are prior to those of the shareholders, and the latter are only 
 
SUGGESTED CLAUSE IN AGREEMENTS. 155 
 
 ntitled to divide amongst themselves what remains after the mortgage 
 ebt is satisfied. With a certain class of shipowner it may be that there 
 rill be a risk that the money may not be forthcoming for reasons alto- 
 ;ether apart from the circumstances connected with the individual ship 
 fith which the master himself is concerned. 
 
 In such cases it may be very expensive or even impossible to recover it. 
 'he respectable shipowners feel as strongly as any one the existence of the 
 lass to whom I refer. The black sheep are undoubtedly few in number, 
 int. they certainly exist, and thus must be taken as a factor in the calc- 
 ulations of those who deal in shipping property. 
 
( 156 ) 
 
 APPENDIX IV. 
 
 KEEPING ORDER AMONGST PASSENGERS AND EMIGRANTS, AND 
 SUGGESTIONS AS TO PREPARATIONS FOR EMERGENCY. 
 
 Keeping 1 Order in Passenger Steamers. 
 Merchant Shipping Act, 1894 (Sees. 287 and 288). 
 
 Sec. S87. — Offences in Connection ivith Passenger Steamers. — I. If any of 
 the following offences is committed in the case of a passenger steamer for 
 which there is a passenger certificate in force ; that is to say, 
 
 (a) If any person being drunk or disorderly has been on that account 
 
 refused admission thereto by the owner or any person in his em- 
 ployment, and, after having the amount of his fare (if he has paid 
 it) returned or tendered to him, nevertheless persists in attempt- 
 ing to enter the steamer : 
 
 (b) If any person being drunk or disorderly on board the steamer is 
 
 requested by the owner or any person in his employ to leave the 
 steamer at any place in the United Kingdom, at which he can 
 conveniently do so, and after having the amount of his fare (if 
 he lias paid it) returned or tendered to him, does not comply with 
 the request : 
 
 (c) If any person on board the steamer, after warning by the master or 
 
 other officer thereof, molests or continues to molest any pas- 
 senger : 
 
 (d) If any person, after having been refused admission to the steamer 
 
 by the owner or any person in his employ on account of the 
 steamer being full, and having had the amount of his fare (if he 
 has paid it) returned or tendered to him, nevertheless persists in 
 attempting to enter the steamer : 
 
 (e) If any person having gone on board the steamer at any place, and 
 
 being requested, on account of the steamer being full, by the 
 owner or any person in his employ to leave the steamer before it 
 has quitted that place, and having had the amount of his fare 
 (if he has paid it) returned or tendered to him, does not comply 
 with that request : 
 
 (/) If any person travels or attempts to travel in the steamer without hav- 
 ing first paid his fare, and with intent to avoid payment thereof : 
 
 (g) If any person, having paid his fare for a certain distance, knowingly 
 and wilfully proceeds inthe steamer beyond that distance with- 
 out first paying the additional fare for the additional distance, 
 and with intent to avoid payment thereof : 
 
 (h) If any person on arriving in the steamer at a point to which he has 
 paid his fare knowingly and wilfully refuses and neglects to quit 
 the steamer : and 
 
 (i) If any person on board the steamer fails, when requested by the 
 master or other officer thereof, either to pay his fare or exhibit 
 such ticket or other receipt, if any, showing the payment of his 
 
KEEPING ORDER. J 57 
 
 fare, as is usually given to persons travelling by and paying their 
 
 fare for the steamer : 
 the person so offending shall for each offence be liable to a fine not ex- 
 ceeding 40s., but that liability shall not prejudice the recovery of any fare 
 payable by him. 
 
 2. If any person on board any such steamer wilfully does or causes to 
 be done anything in such a manner as to obstruct or injure any part of the 
 machinery or tackle of the steamer, or to obstruct, impede, or molest the 
 crew, or any of them, in the navigation or management of the steamer, 
 or otherwise in the execution of their duty on or about the said steamer, 
 he shall for each offence be liable to a fine not exceeding ^20. 
 
 3. The master or other officer of any such steamer, and all persons 
 called by him- to his assistance, may, without any warrant, detain any 
 person who commits any offence against this section and whose name and 
 address are unknown to the master or officer, and convey the offender with 
 all convenient despatch before some justice of the peace to be dealt with 
 according to law, and that justice shall with all convenient despatch try 
 the case in a summary manner. 
 
 4. If any person commits an offence against this section and on the 
 application of the master of the steamer, or any other personin the employ 
 of the owner thereof, refuses to give his name and address, or gives a false 
 name and address, that person shall be liable to a fine not exceeding £20, 
 and the fine shall be paid to the owner of the steamer. 
 
 Special Powers in Case of Home-Trade Steamers.— Section 
 S88. — The master of any home-trade passenger steamer may refuse to 
 receive on board thereof any person who by reason of drunkenness or 
 otherwise is in such a state, or misconducts himself in such a manner as 
 to cause annoyance or injury to passengers on board, and if any such 
 person is on board, may put him on shore at any convenient place ; and a 
 person so refused admittance or put on shore shall not be entitled to the 
 return of any fare he has paid. 
 
 Regulations as to Steerage Passengers. 
 Merchant Shipping Act, 1894 (Sees. 324, 325 and 326). 
 
 324. Her Majesty may by Order in Council make regulations — 
 
 ( 1 ) For preserving order, promoting health, and securing cleanliness 
 
 and ventilation on board emigrant-ships proceeding from the 
 British Islands to any port in a British possession ; and 
 
 (2) For prohibiting emigration from any port at any time when 
 
 choleraic or any epidemic disease is generally prevalent in 
 the British Islands or any part thereof ; and 
 
 (3) For reducing the number of steerage passengers allowed to be 
 
 carried in any emigrant-ship, either generally or from any 
 particular ports in the British Islands ; and 
 
 (4) For permitting the use on board emigrant-ships of apparatus 
 
 for distilling water and for defining in such case the quantity 
 of fresh water to be carried in tanks and casks for the steerage 
 passengers under the foregoing provisions of this part of the 
 Act ; and 
 
 (5) For requiring duly authorised medical practitioners to be carried 
 
 in emigrant-ships where they would not otherwise under this 
 part of this Act be required to be carried. 
 
 325. (1) In every emigrant-ship the medical practitioner, aided by the 
 master or, in the absence of the medical practitioner, the master, shall 
 exact obedience to all regulations made by any such Order in Council as 
 aforesaid. 
 
158 APPENDIX IV. 
 
 (2) If any person oh board — 
 (a) Fails without reasonable cause to obey, or offends against, any 
 
 such regulation or any provision of this part of this Act, or 
 (6) Obstructs the master or medical practitioner in the execution of 
 
 any duty imposed upon him by any such regulation, or 
 (c) Is guilty of riotous or insubordinate conduct, 
 
 that person shall for each offence be liable to a fine not ex- 
 ceeding £2, and in addition to imprisonment for any period 
 not exceeding one month. 
 326. (1) Spirits shall not daring the voyage be sold directly or in- 
 directly in any emigrant-ship to any steerage passenger. 
 (2) If any person acts in contravention of this section, he shall 
 for each offence be liable to a fine not exceeding ^20. 
 
 Oeder in Council,* dated 3rd February 1863. 
 
 To make Provision foe preserving Oedbe in Private Passenger 
 Ships conveying to the Colony of Victoeia, in Australia, 
 as many as ten unpeotected female passengers. 
 
 Eules to be observed in respect to unprotected female passengers on 
 board such ships as aforesaid. 
 
 1. In the construction and for the purposes of this Order in Council, 
 the term " unprotected female passengers " shall signify every female 
 passenger between the ages of twelve and thirty-five proceeding to the 
 Colony of Victoria by virtue of a passage warrant issued by the Govern- 
 ment of that Colony, who, if married, shall not be accompanied by her 
 husband, or, if unmarried, shall not be accompanied by her father or 
 stepfather, or by a married brother with 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," shall have 
 the same significations as are assigned to them respectively in the said 
 Passengers Act, 1855, t and words used in the plural number shall import the 
 singular number also, and the converse, unless inconsistent with the context. 
 
 2. All unprotected female passengers shall, during the voyage, be 
 berthed in open berths, in a compartment in the aftermost part of the 
 upper passenger deck of the ship, effectually divided off 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 
 off such compartment. 
 
 3. The children under twelve years of age of married female pas- 
 sengers, unaccompanied by their husbands, shall be berthed with their 
 mothers. 
 
 4. 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 unprptected 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 officers of the ship, or on any male cabin passenger. 
 
 * This order is still in force. Though its application is limited to one particular 
 trade, its contents may be perused with advantage by the masters of all emigrant-ships. 
 
 t The substance of this Act is now incorporated in the Merchant Shipping Act of 
 1894. 
 
KEEPING ORDER. 1 59 
 
 7. All intercourse between unprotected female passengers and of (sic) 
 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 
 unprotected 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 such un- 
 protected female passengers, who, during the voyage, shall keep within the 
 limits so marked out. 
 
 9. Before dark, 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 and 
 remain with him while he discharges his duties. 
 
 11. The master of the ship shall afford to the matron and to the 
 surgeon 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 
 said Passengers Act, 1855. 
 
 13. This Order in Council shall not apply to ships chartered by Her 
 Majesty's Emigration Commissioners. 
 
 Order in Council, dated 7th January 1864. 
 
 Rules for preserving Order, for promoting Health, and tor 
 securing Cleanliness and Ventilation to be observed on 
 board of evert passenger ship proceeding from the united 
 Kingdom to any Port or Place in Her Majesty's Possessions 
 abroad out of europe, and not being within the mediter- 
 RANEAN Sea. 
 
 1. All passengers who shall not be prevented by sickness -or other 
 sufficient cause, to be determined by the surgeon, or, in ships carrying 
 no surgeon, by the master, shall rise not later than seven o'clock A.M., at 
 which hour the fires shall be lighted. 
 
 2. It shall be the duty of the cook or cooks appointed under the 
 thirty-ninth section of the said "Passengers Act, 1855," to light the fires, 
 and to take care that they be kept alight during the day, and also to take 
 care that each passenger or family of passengers shall have the use of the 
 fireplace at proper hours, in an order to be fixed by the master. 
 
 3. When the passengers are dressed their beds- shall be rolled up. 
 
 4. The decks, including the space under the bottom of the berths, 
 shall be swept before breakfast, and all dirt thrown overboard. 
 
 5. The breakfast hour shall be from eight to nine o'clock a.m. Before 
 the commencement of breakfast all the emigrants, except as hereinbefore 
 excepted, are to be out of bed and dressed, and the beds rolled up and the 
 deck on which the emigrants live properly swept. 
 
l60 APPENDIX IV. 
 
 6. The deck shall be further swept after every meal, and after break 
 fast is concluded shall be also dry holy-stoned or scraped. This duty, a 
 well as that of cleaning the ladders, hospitals, round-houses, and watei 
 closets, and of pumping water into the cisterns or tanks for the suppl; 
 of the water-closets, shall be performed by a party who shall be taken i 
 rotation from the adult males above fourteen in the proportion of five t> 
 every one hundred emigrants, and shall be considered as sweepers for th 
 day. But the single women shall do all necessary acts for keeping cleai 
 and in a proper state their own compartment, where a separate compart 
 ment is allotted to them, and the occupant of each berth shall see that hi 
 or her own berth is well brushed out. 
 
 7. Dinner shall commence at one o'clock p.m., and supper at six p.m. 
 
 8. The fires shall be extinguished at seven p.m., unless otherwisi 
 directed by the master or required for the use of the sick ; and the emi 
 grants shall be in their berths at ten o'clock p.m., except under the per 
 mission or authority of the surgeon, or, if there be no surgeon, of thi 
 master. 
 
 9. On each passenger deck there shall be lit at dusk, and kept burning 
 till daylight, three safety-lamps, and such further number as shall allov 
 one to be placed at each of the hatchways used by passengers. 
 
 10. No naked light shall be allowed between decks or in the hold a 
 any time or on any account. 
 
 11. The scuttles and stern-ports, if any, shall, weather permitting, bi 
 opened at seven o'clock a.m., and kept open till ten o'clock p.m. ; ant 
 the hatches shall be kept open whenever the weather permits. 
 
 12. The coppers and cooking utensils shall be cleaned every day, ant 
 the cisterns kept filled with water. 
 
 13. The beds shall be well shaken and aired on deck, weather per 
 mitting, at least twice a week. 
 
 14. The bottom boards of the berths, if not fixtures, shall be removet 
 and dry-scrubbed and, weather permitting, taken on deck at least twice i 
 week. 
 
 15. Two days in the week shall be appointed by the master as washing 
 days, but no washing or drying of clothes shall on any account be per 
 mitted between decks. 
 
 16. On Sunday mornings the passengers shall be mustered at tei 
 o'clock a.m., and will be expected to appear in clean and decent apparel 
 The Lord's Day shall be observed as religiously as circumstances will admit 
 
 17. No spirits or gunpowder shall be taken on board by any passenger 
 and if either of those articles be discovered in the possession of a passenge 
 it shall .be taken into the custody of the master during the voyage ant 
 not returned to the passenger until he has landed or is on the point 
 landing. 
 
 18. No loose hay or straw shall be allowed below for any purpose. 
 
 19. No smoking shall be allowed between decks. 
 
 20. The following kinds of misconduct are hereby strictly prohibited 
 that is to say, all immoral or indecent acts or conduct, taking imprope 
 liberties or using improper familiarities with the female passengers, usinj 
 blasphemous, obscene, or indecent language, or language tending to ; 
 breach of the peace, swearing, gambling, drunkenness, fighting, disorderly 
 riotous, quarrelsome, or insubordinate conduct ; also all .deposits of filtl 
 or offensive acts of uncleanness in the between decks : provided that m 
 conviction under the said Passengers Act for any of the offences hereii 
 specified shall operate as a bar to any civil or criminal proceeding whicl 
 may in the ordinary course of law be instituted for the same offence b; 
 any party aggrieved. 
 
KEEPING ORDER. l6l 
 
 21. Firearms, swords, and other offensive weapons shall, as soon as 
 the passengers embark, be placed in the custody of the master. 
 
 22. No sailor shall be allowed to remain on the passenger deck among 
 the passengers except on duty. 
 
 23. No passenger shall go to the ship's cook-house without special 
 permission from the master, nor remain in the forecastle among the sailors 
 on any account. 
 
 24. In vessels not expressly required by the said "Passengers Act, 
 1855," to have on board such ventilating apparatus as therein mentioned, 
 such other provision shall be made for ventilation as shall be required by 
 the emigration officer at the port of embarkation, or, in his absence, by the 
 officers of customs. 
 
 Distilling Apparatus in Passenger Ships. 
 
 Order in Council of 28th June 1875. 
 
 Any passenger ship, whether propelled by steam engines or by sails 
 only, or by sails and steam engines, may be cleaned out and proceed on 
 her voyage, having on board, in tanks 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 an efficient 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 Trade, 
 declaring that the apparatus is in good working condition, and that within 
 seven days immediately preceding the date of such certificate 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. 
 
 Suggestions to Masters of Emigrant Ships respecting Boats, 
 and Fire at Sea. 
 
 Having in view the fearful consequences which must result from a 
 want of preparation in the event of accident to an emigrant-ship, and 
 especially of fire, this paper is prepared for the purpose of calling the 
 special attention of the masters and officers of such ships to the pre- 
 
 * That is, the Passengers Act, 185s, by which every statute adult is eutitled to three 
 quarts of water a day. 
 
 L 
 
1 62 
 
 APPENDIX IV. 
 
 cautions necessary to prevent such a calamity, and to means of encounter- 
 ing it should it occur. No scheme or regulations which may be formed 
 beforehand can, of course, supply the place of coolness, judgment and 
 discipline at the time ; nevertheless the previous establishment of regula- 
 tions, and the familiarity of the officers and crew with them, cannot hut 
 tend to obviate confusion and loss of time when danger arises. It is from 
 the hope of contributing to this end that the following suggestions have 
 been drawn up. 
 
 The first matter to be settled is the arrangement of the boats. 
 
 I. Boats. 
 
 i. The life-boats should be carried and equipped in accordance with the 
 Rules made under the provisions of Section 427 of the Merchant Shipping 
 Act, 1894, and the instructions issued by the Board of Trade in con- 
 nection therewith. 
 
 2. A compass, a means of striking a light, three blue lights, and a 
 beaker of water should be kept ready for emergencies. 
 
 3. All the boats should be kept in good order, clean, and ready for 
 immediate use. 
 
 4. A crew should be assigned to each boat, to be under the charge of 
 an officer or steady person, who should be held responsible for everything 
 being kept at band and ready for use. The crew of the life-boats should 
 be picked men, and should, if possible, be instructe J in the method of re- 
 storing the apparently drowned. When opportunities occur, it would be 
 very advisable to exercise the men in lowering the boats at sea. In the 
 case of sailing ships, when becalmed, the men might be exercised in row- 
 ing round the vessel. 
 
 5. In the event of lowering a boat to pick up a man, it will generally 
 happen that the man will be more easily seen from the ship than from the 
 boat. In such a case the following signals from the International Code 
 may be useful. 
 
 Signals to Boats. 
 
 .Recall. 
 
 Pull ahead. 
 Go on. 
 
 Pull, or go, 
 Astern. 
 
 Pull, or go, to 
 Starboard. 
 
 Pull, or go, to 
 Port. 
 
 Signals from Boats. 
 
 Want assistance, 
 
 or unable to 
 
 execute orders 
 
 without assistance. 
 
 Shall I return, 
 or Direct me 
 what to do. 
 
 You are 
 
 standing into 
 
 Danger. 
 
 Ij— m 
 
 Want 
 immediate 
 assistance. 
 
 <\»'»"»''i»'»»>m 
 
KEEPING ORDER. 1 63 
 
 These signals from boats to ships to be made with a handkerchief and 
 hat or bundle tied to the end of a boat-hook, staff, oar, or stretcher. Any 
 other means likely to attract attention may at the same time be adopted, 
 being careful to use such as will not interfere with or confuse these signals. 
 
 If the boat's signals were stamped on canvas and nailed to the boats 
 they would be found very useful in the event of picking up a man at sea. 
 
 6. Should a boat be sent away at night, two lights (a single light may 
 be mistaken for a star) should immediately be hoisted by the ship to show 
 her position, with guns, blue lights, or flashes, as necessary. 
 
 II. To prevent Fire. 
 
 7. No emigrant-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. 
 
 8. The steerage passengers should be called on to deliver up whatever 
 luoifer matches, gunpowder, or other inflammable articles they may have 
 about them, and should be warned, not o"nly of the danger to the ship and 
 passengers, but that they will be subject to punishment, under his Majesty's 
 Orders in Council, for retaining such things in their possession. 
 
 9. No naked lights should, on any account, be used in the hold or store 
 rooms, nor in the between decks, except under trustworthy superintendence ; 
 nor should any person be allowed to use open oil or paraffin lamps, nor to 
 take oil, paraffin, or candles on board. Smoking between decks should 
 also be strictly prohibited. 
 
 10. Spirits should never be opened in the hold, but should be hoisted 
 on deck for the purpose. 
 
 11. It is recommended that the fire engines should be placed under the 
 special charge of one of the principal officers and the carpenter, who 
 should be responsible that, with the buckets, 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. 
 
 1 2. 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 the Occurrence op Fire. 
 
 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 to leeward, and to cut off the supply of air by closing the ports, scuttles, 
 hatches, &c., by closing all doors and valves in bulkheads, and stopping up 
 ventilators on deck and at the masthead, 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 annihilators and 
 engines; to another the closing the ports, &c, and the preparation 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 entrusted 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 
 
1 64 APPENDIX IV. 
 
 several parties as the master might direct. This would not only be ; 
 material aid, but would help to keep their minds engaged, and t> 
 promote the discipline on which the safety of all must to a great exten 
 depend. 
 
 16. The females, with children and sick, should remain under the im 
 mediate charge of the surgeon, who should endeavour to keep them froi 
 being a hindrance to the working parties, and prepare them for immediate!; 
 leaving the ship, should that step ultimately become necessary. The; 
 should secure what warm clothing they can. 
 
 17. No one should be permitted to enter the boats, except those ii 
 charge of them ; nor should any boat be lowered on any pretext whatevei 
 unless by the express orders of the captain. On a strict observance of thi 
 rule the safety of the people in the last extremity will depend. 
 
 18. If the boats should be insufficient to hold all the people, th 
 master will, of course, take whatever measures may be in his power t 
 construct a raft. A raft may be made of spare spars lashed togethe 
 in a triangular form, and, to render it more buoyant, the ends should b 
 secured to empty water casks, whose heads should be guarded by hammock 
 or beds. As a precautionary preparation against such an emergency, som 
 of the largest water casks as soon as emptied should be grometted round a 
 each end with 8-inch rope, becketted, and tightly bunged, and stowe 
 away in the longboat, and daily wetted, and thus kept ready for use at 
 moment's notice. 
 
 19. Any attempt to get at the spirits or wine on board in moments c 
 danger should be resisted by all hands, and at all hazards. 
 
( 165 ) 
 
 APPENDIX V. 
 
 DIETARY SCALES. 
 
 Provisions. 
 
 
 
 
 
 Scale A. 
 
 Scale B. 
 
 
 For voyages 
 
 For voyages 
 
 
 not exceeding 
 
 exceeding 
 
 Weekly per statute adult- 
 
 84 days for sail- 
 ing ships or 50 
 
 84 days for sail- 
 ing ships or 50 
 
 
 days for steam- 
 
 days for steam- 
 
 
 ships or ships 
 
 ships or ships 
 
 
 having steam 
 
 having steam 
 
 
 power in aid 
 
 power in aid 
 
 
 of sails. 
 
 of sails. 
 
 
 lbs. oz. 
 
 lbs. oz. 
 
 Bread or biscuit, not inferior to navy 
 
 
 
 biscuits 
 
 3 8 
 
 3 8 
 
 Wheaten flour 
 
 
 
 
 1 
 
 2 
 
 Oatmeal . 
 
 
 
 
 I 8 
 
 1 
 
 Rice 
 
 
 
 
 1 S 
 
 8 
 
 Peas 
 
 
 
 
 1 8 
 
 1 8 
 
 Beef 
 
 
 
 
 1 4 
 
 J 4 
 
 Pork 
 
 
 
 
 1 
 
 1 
 
 Butter 
 
 
 
 
 — 
 
 4 
 
 Potatoes . 
 
 
 
 
 2 
 
 2 
 
 Sugar 
 
 
 
 
 1 
 
 1 . 
 
 Tea 
 
 
 
 
 2 
 
 2 
 
 Salt 
 
 
 
 
 2 
 
 2 
 
 Mustard . 
 
 
 
 
 oi 
 
 o\ 
 
 Pepper (white or black), 
 
 ground 
 
 
 
 oj 
 
 o£ 
 
 Vinegar . 
 
 
 
 
 One gill 
 
 One gill 
 
 Preserved meat 
 
 
 
 
 — 
 
 1 
 
 Suet 
 
 
 
 
 — 
 
 6 
 
 Raisins . 
 
 
 
 
 — 
 
 8 
 
 Lime-juice (see note on next page) 
 
 
 
 
 6 
 
 Substitutions. 
 
 Substitutions at the following rates may, at the option of the master of 
 any emigrant-ship, be made in the above dietary scales, as follows, that is 
 to say : — 
 
 1J lb. of soft bread baked on board > for 
 
 1 lb. of preserved meat . . for 
 
 1 lb. of flour or of bread or biscuit, \ ^ 
 or £ lb. of beef or of pork . . / 
 
 1 lb. of flour or 1 lb. of biscuit, 
 or 1J lb. of oatmeal or 1 lb. of 
 rice, or 1 lb. of peas. 
 1 lb. of salt pork or beef. 
 / 1 \ lb. of oatmeal or 1 lb. of rice, 
 \ or 1 lb. of peas. 
 
i66 
 
 APPENDIX V. 
 
 I lb. of rice for ij lb. of oatmeal. 
 
 i| lb. of oatmeal .... for I lb. of rice. 
 
 £ lb. of preserved potatoes . . for I lb. of potatoes. 
 
 10 oz. of currants .... for 8 oz. of raisins. 
 
 31 oz of cocoa, or of coffee, roasted-) for f Qz _ rf tea 
 
 and ground . . . . J I. 
 
 J lb. of treacle .... for 1 lb. of sugar, 
 
 i gill of mixed pickles " . . for i gill of vinegar. 
 
 Provided that the substituted articles are set forth in the contract ticket! 
 of the steerage passengers. 
 
 Regulations as to Lime-juice. — When the ship is not in the tropics it shal 
 not be obligatory to issue lime-juice, but lime-juice may be issued at th< 
 discretion of the medical practitioner on board, or if there be no sucl 
 medical practitioner, at the discretion of the master. 
 
 REGULATIONS AS TO MESSES AND ISSUE OF PROVISIONS. 
 
 ( i ) Steerage passengers may he divided into messes, but a mess shal 
 not consist of more than ten statute adults. 
 
 (2) Members of the same family, whereof one at least is a male adult 
 shall be allowed to form a separate mess. 
 
 (3) Water and provisions, according to the above scales, shall be issuec 
 daily before two o'clock in the afternoon to the head person for the tirni 
 being of each mess on behalf of and for the use of the members thereof. 
 
 (4) The first of the issues shall be made before two o'clock in the after 
 noon of the day of embarkation to each of the steerage passengers as an 
 then on board. 
 
 (5) Such provisions as require to be cooked shall be issued in a proper! 
 cooked state. 
 
 ALTERNATIVE. 
 
 Dietaey Scale C. 
 
 For voyages exceeding eighty-four days for sailing vessels, of fiffc 
 days for steamers : — 
 
 Beef or pork, or partly one and partly the other 
 Preserved meat 
 
 Suet 
 
 Butter 
 
 Bread or biscuit, not inferior in quality 
 biscuit ...... 
 
 Wheaten flour, not inferior to best seconds 
 Oatmeal, rice, and peas, or any two of them 
 Potatoes 
 Raisins . 
 
 Tea 
 
 Sugar 
 
 Salt 
 
 Mustard 
 
 Pepper, black or white ground 
 
 Preserved and dried vegetables ; that is, 
 
 carrots, turnips, onions, celery, and mint, or some J- por 
 one or more of them . . . . .J tions. 
 
 Vinegar or mixed cickles . . . . . .1 sill. 
 
 to 
 
 navy 
 
 Lb. 
 
 Oz. 
 
 
 2 
 
 4 \ 
 
 
 
 
 
 6 
 
 
 
 
 4 
 
 l-J 
 
 2 
 
 8 
 
 * 
 
 3 
 
 8 
 
 & 
 
 /. 
 
 
 
 
 2 
 
 
 
 *j 
 
 
 
 6 
 
 rn 
 
 
 
 2 
 
 p 
 
 1 
 
 
 
 a 
 
 
 
 2 
 
 CD 
 
 
 
 0* 
 
 > 
 
 
 
 0* 
 
 e 
 
 Jt 
 
DIETARY SCALES. 
 
 167 
 
 With such power of substitution in the above articles as is given in the 
 thirty-seventh section of the Passengers Act, 1855. 
 
 For children between one and four years of age, in addition to half- 
 rations of the above named articles :— 
 
 Per Week. 
 
 Preserved milk 3 gills. 
 
 Condensed egg 1 02. 
 
 or fresh eggs . . . . . . . 3 ,, 
 
 For children between four and twelve months of age : 
 
 Water 
 Preserved milk . 
 
 „ soup . 
 Condensed egg . 
 
 or fresh eggs 
 Biscuit 
 Oatmeal 
 Flour 
 Rice . 
 Sugar 
 
 Per Week. 
 21 pints. 
 
 7 gills- 
 9 oz. 
 
 3 
 12 
 
 4 
 
 4 
 10 
 
( i68 ) 
 
 APPENDIX 
 
 SCALE FOR THE DETERMINATION OF THI 
 Put in force by Notice from th< 
 
 
 
 If the ship be pro- 
 
 
 If the ship be pro- 
 
 pelled either wholly 
 
 
 pelled by sails alone 
 
 or in aid of sails by 
 
 
 or by steam power 
 
 steam-engines of 
 
 
 not sufficient with- 
 
 not less power^than 
 
 
 out the aid of sails to 
 
 sufficient without 
 
 
 propel the ship at 
 
 the aid of sails to 
 
 
 the rate of at least 
 
 propel the ship at 
 
 
 five statute miles 
 
 the rate of at least 
 
 
 per hour. 
 
 five statute miles 
 per hour. 
 
 
 to 
 
 (2) 
 
 
 Days. 
 
 Days. 
 
 (i) To North America (except 
 
 
 
 the West Coast thereof). 
 
 
 
 For ships clearing out bet ween 
 
 
 
 the 1 6th day of January and 
 
 
 
 the 14th day of October 
 
 
 
 (both days inclusive) . 
 
 70 
 
 40 
 
 For ships clearing out between 
 
 
 
 the 15th day of October and 
 
 
 
 the 15th day of January 
 
 
 
 (both days inclusive) . 
 
 80 
 
 45 
 
 (2) 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 the 25th degree of South 
 
 
 
 latitude .... 
 
 105 
 
 65 
 
 (3) To Western Australia . 
 
 120 
 
 85 
 
 (4) To Queensland 
 
 iS° 
 
 90 
 
 (5) To any other of the Australian 
 
 
 
 Colonies .... 
 
 140 
 
 90 
 
 (6) To New Zealand . 
 
 '5° 
 
 90 
 
 (7) To the Western Coast of 
 
 
 
 America, North of the 40th 
 
 
 
 degree of North latitude 
 
 
 
 and the Islands adjacent 
 
 
 
 thereto .... 
 
 182 
 
 96 
 
( 16 9 ) 
 
 1NGTH OF VOYAGES BY PASSENGEK-SHIPS. 
 ard of Trade of June 19, 1891. 
 
 If the ship be pro- 
 filed either wholly 
 >r in aid of sails by 
 
 steam-engines of 
 tot less power than 
 sufficient without 
 
 the aid of sails to 
 propel the ship at 
 bhe rate of at least 
 
 ten statute miles 
 
 per hour for pas- 
 
 lages other than by 
 
 the Suez Canal. 
 
 (3) 
 Days. 
 
 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 at 
 the rate of at least 
 ten statute miles 
 per hour for pas- 
 sages by the Suez 
 Canal. 
 
 (4) 
 Days. 
 
 If the ship has' 
 double screws and 
 is propelled 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 at 
 the rate of at least 
 
 fourteen statute 
 miles an hour. 
 
 Days. 
 
 If the ship has 
 double screws and 
 is propelled either 
 wholly by or in aid 
 of sails by steam- 
 engines of not less 
 
 power than 
 sufficient without 
 the aid of sails to 
 propel the ship at 
 the rate of at least 
 fourteen statute 
 miles an hour for 
 passages by the 
 Suez Canal. 
 
 (6) 
 Days. 
 
 32 
 
 — 
 
 24 
 
 37 
 
 — 
 
 28 
 
 65 
 
 
 49 
 
 80 
 
 70 
 
 60 
 
 90 
 
 75 
 
 68 
 
 85 
 
 75 
 
 64 
 
 90 
 
 85 
 
 68 
 
 96 
 
 — 
 
 72 
 
 53 
 56 
 
 56 
 64 
 
( i7° ) 
 
 APPENDIX VII. 
 
 PRECAUTIONS AS TO GRAIN CARGO. 
 
 Merchant Shipping Act, 1894, Schedule 18 (under Sec. 453 
 of the Act). 
 
 1. There shall not be carried between the decks, or, if the ship 1 
 more than two decks, between the main and upper decks, any grain 
 bulk, except such as may be necessary for feeding the cargo in the hi 
 and is carried in properly constructed feeders. 
 
 2. Where grain (except such as may be carried in properly construe! 
 feeders) is carried in bulk in any hold or compartment, and proper p 
 vision for filliDg up the same by feeders is not made, not less than 0; 
 fourth of the grain carried in the hold or compartment (as the case n 
 be) shall be in bags supported on suitable platforms laid upon the gr: 
 in bulk: provided that this regulation with respect to bags shall ] 
 apply— 
 
 (a) To oats, or cotton seed ; nor 
 
 (b) To a ship which is a sailing ship of less than four hundred t< 
 
 registered tonnage, and is not engaged in the Atlantic trad 
 nor 
 
 (c) To a ship laden at a port in the Mediterranean or Black Sea, if 1 
 
 ship is divided into compartments which are formed by si 
 stantial transverse partitions, and are fitted with longitudinal bu 
 heads or such shifting boards as are hereinafter mentioned, a 
 if a ship does not carry more than one-fourth of the grain car 
 and not more than one thousand five hundred quarters in any < 
 compartment, bin or division, and provided that each division 
 the lower hold is fitted with properly constructed feeders fr 
 the between decks ; nor 
 (rf) To a ship in which the grain cargo does not exceed one-half of 
 whole cargo of the ship, and the rest of the cargo consists 
 cotton, wool, flax, barrels, or sacks of flour, or other suita 
 cargo so stowed as to prevent the grain in any compartment, 
 or division from shifting. 
 
 3. Where the grain is carried in the hold or between the decks, whet 
 in bags or bulk, the hold or the space between the decks shall be. divii 
 by a longitudinal bulkhead or by sufficient shifting boards which exti 
 from deck to deck or from the deck to the keelson, and are prop! 
 secured, and if the grain is in bulk, are fitted grain-tight with pro 
 fillings between the beams. 
 
 4. In loading, the grain shall be properly stowed, trimmed, and secu: 
 Note. — The above regulations are not, however, at 'present in force ei 
 
 for North Atlantic or for Mediterranean cargoes, certain others — which 
 here set out — being substituted for them. 
 
 Merchant Shipping Act, 1894. — By an official notice issued 
 the Board of Trade under date December 1899, the precautions requ: 
 
PRECAUTIONS AS TO GRAIN CARGO. 171 
 
 by the Act to be adopted by ships laden with a grain cargo shall not apply 
 to ships laden at a port on the coast of North America, in accordance with 
 the Rules and Regulations numbered (1) to (7), of which the titles and dates 
 are herein set forth, so far as those regulations relate to the stowage 
 of grain cargoes. 
 
 (1) Rules of the Board of Underwriters of New York, dated 1st Sep- 
 
 tember 1899, and certified by J. F. Whitlock, Secretary, on the 
 20th October 1899. 
 
 (2) Rules of the National Board of Marine Underwriters of New York, 
 
 dated 18th October 1899, and certified by J. J. Raymond Smith, 
 Secretary, on the 27th October 1899. 
 
 (3) Rules of the New Orleans Board of Underwriters, dated 13th Novem- 
 
 ber 1896, and signed by George Matherson, Secretary. 
 
 (4) Regulations of the Mobile Board of Underwriters, for the prepara- 
 
 tion and stowage of grain, signed by Jos. F. Mitchell, Secretary. 
 
 (5) Rules and Regulations of the Wheat Tariff Association at San 
 
 Francisco, for ships carrying one- third of cargo of wheat in bulk, 
 dated 16th November 1896, and signed by Edm. L. Woods. 
 
 (6) Regulations for the loading of Grain Cargoes (wholly in bags) at San 
 
 Francisco, dated 16th November 1896, and signed Edm. L. Woods. 
 
 (7) Revised Rules and Regulations of the Office of the Port Warden of the 
 
 Harbour of Montreal, sanctioned by the Council of the Montreal 
 Board of Trade, 28th May 1895, and signed by Geo. Hadrill, Secre- 
 tary, Montreal Board of Trade. 
 
 It seems, therefore, important to give the above seven sets of Regula- 
 tions in extenso, and they are accordingly set out in order. 
 
 The official Regulations as to the stowage of Grain Cargoes from 
 Mediterranean and Black Sea ports are also added. 
 
 (1) 
 
 UNITED STATES. 
 
 The Board of Underwriters of New York (Marine). 
 
 Bureau of Inspection, 49 Wall Street, New York. 
 
 Rules for Loading Grain in Bags or Bulk. 
 
 Vessels loading grain in bags or bulk on voyages from ports of the United 
 States to ports in Europe will be required to conform to the follow- 
 ing rules adopted by " The Board of Underwriters of New York," to 
 enable the surveyor to issue a proper certificate. 
 
 Owners and masters of vessels intending to load grain are particularly 
 requested to give early notice [to] the surveyors, when ready for 
 and also when ready to receive grain. 
 
 Vessels loaded in conformity to the rules may have a certificate to that 
 effect from the surveyor appointed by " The Board of Underwriters 
 of New York," and the respective insurance companies composing 
 the said Board will be duly notified thereof. 
 
 General Regulations. 
 
 1. The draft of water, or free-board, to be regulated by a scale approved 
 by the Loading Committee. Free-board shall be measured from top of 
 deck at side of the vessel to the water's edge at the centre of the load 
 
172 APPENDIX VII. 
 
 water-line ; vessels having free-boards assigned by the rules of the -Board 
 of Trade (Marine Department), London, shall not be loaded deeper than 
 permitted by those rules. 
 
 2. Shifting boards must extend from the upper deck to the keelson 
 when grain is carried in bulk. When grain is carried in bags the shifting 
 boards must extend from deck to deck in the between decks, and not less 
 than four feet downwards from the beams in the lower hold. 
 
 3. Shifting boards referred to in all rules shall be of two (2) inch 
 yellow pine, or of three (3) inch spruce (or equivalent). 
 
 4. All hatch feeders and end bulkheads must be boarded on the inside. 
 
 5. The grain must be well trimmed up between the beams and in the 
 wings, and the space between them completely filled. 
 
 6. No grain shall be carried in the fore and after peaks except in bags. 
 
 7. No coal shall be carried on deck of steamers sailing between the 1st 
 of October and the 1st of April beyond such a supply as will be consumed 
 prior to vessels reaching the ocean. 
 
 8. Care must be taken that when grain in bags or other cargo is stowed 
 over bulk grain the bulk grain must be covered with two thicknesses of 
 boards placed athwartships and fore and aft, with spaces between the 
 lower boards of not more than four (4) feet, and between the upper boards 
 of not more than nine (9) inches. Care must be taken that all the bags 
 are properly stowed, in good order, and well filled, and that the tiers are 
 laid close. 
 
 Sailing Vessels. 
 
 9. Vessels being loaded with grain in bags shall be dunnaged from six 
 to twelve inches on the floor and from six to fifteen inches on the bilges, 
 according to the form of the ship's bottom; and two (2) inches at the 
 sides. 
 
 The between decks shall be dunnaged two (2) inches from the sides and 
 decks. 
 
 The dunnage in the hold must be laid over with boards and entirely 
 covered with sails, or approved mats, so as to prevent any of the loose 
 grain from running down on to the floor of the vessel and thence to the 
 pump-well. If sails are used they must be of good quality and free from 
 holes. The sails and mats must cover the keelsons. 
 
 10. Bulk or loose grain must be taken in bins prepared for that purpose. 
 Materials for bins must be of well-seasoned stock; unseasoned lumber 
 must not be used where it will come in contact with the grain. 
 
 1 1. The floor of the bin must be laid on sleepers of scantling i\ by 4 
 inches in size, sixteen inches apart from centre to centre, supported by 
 studs of corresponding size, also sixteen inches from centre to centre. 
 
 It must be raised from six to twelve inches over the floor of the vessel 
 — in the bilge from six to fifteen inches, and in vessels that are very flat or 
 sharp, may be increased or diminished at the discretion of the surveyor. 
 
 In no case shall the floor of the bin be laid on loose dunnage. 
 
 The floor is considered as extending from the keelson to the turn of the 
 bilge. It must be laid with two thicknesses of one-inch boards, so that 
 they will break joints at the edges and ends, and care must be taken that 
 it be grain-tight. Vessels under three hundred (300) tons register may be 
 permitted to have a single floor laid with one-inch boards placed edge and 
 edge and seams covered with battens two by one (2 x 1) inch, or edges 
 lapped one inch. 
 
 12. The studs for the forward and after bulkheads for vessels not 
 exceeding fourteen (14) feet depth of hold must be eaual to four bv six 
 
PRECAUTIONS AS TO GRAIN CARGO. 1 73 
 
 (4 x 6) inches in size ; for vessels of a greater depth than fourteen (14) 
 feet, they must be equal to four by eight (4 x 8) inches; They must be set 
 twenty (20) inches apart from centre to centre, firmly secured at the top and 
 bottom, and properly braced in the centre, also cleated on the ceiling to 
 resist the pressure of the grain, and made grain-tight. 
 
 13. All air strakes and open seams must be closed, and the sides of the 
 vessel above the turn of the bilge must be sealed after the manner of 
 clapboarding reversed, and not furred where it can be avoided. When 
 furring is used the ceiling must be made grain-tight at the bilges and 
 sides. All lodging and bosom knees not fitted tight to the deck must be 
 cleated grain-tight around the face of the knees. 
 
 14. Vessels with single deck, or with one deck and beams carrying a 
 full cargo of grain, are required to have, in addition to the forward and 
 after end bulkheads, two trimming bulkheads (thus making a division of 
 three compartments), to extend from the upper deck to within two feet 
 from the bottom of the vessel. Except where the between decks are laid 
 aft, the after one may extend only to the lower deck, and be so placed that 
 in loading the middle compartment will be entirely filled and the end 
 ones left to trim the vessel. If the end compartments are not entirely 
 filled care must be taken that the cargo be properly covered and secured 
 on top to prevent shifting. The studs of the trimming bulkheads to be not 
 less than three by six (3 x 6) inches and set twenty-two (22) inches from the 
 centres, and all studs to be firmly secured at top and bottom and properly 
 braced and cleated. 
 
 15. Vessels carrying bulk and bags must not carry bulk higher than to 
 admit of the stowage of one-quarter of the cargo in bags or not less than 
 five heights of bags over it (except the vessel be under five hundred (500) 
 tons register, when the height may be regulated by the surveyor. 
 
 16. Vessels with two decks having bulk grain in hold as high as the 
 between deck, shall have strakes of between deck-plank opened on each 
 side over the bulk in the wings and amidships, and have three or four feet 
 of bulk grain in wing and amidships feeders; upon which sufficient grain 
 in bags or other cargo may be stored over board coverings, as provided for 
 in Rule 8. When the hold is not filled with bulk grain to the between 
 deck, enough space must be left and sufficient cargo stowed over it to 
 properly secure it, as provided for in Rule 8. 
 
 17. The pump- well must be sufficiently large to admit of the passage of 
 a man to the bottom of the hold, and with room to work conveniently 
 when there, say not less than four (4) feet fore and aft, and five (5) feet 
 athwartships (reference, however, must be had to the size of the keelson 
 and assistant keelson), and must be grain-tight and ceiled. 
 
 18. Access to the pump- well must be had either by a manhole through 
 the upper deck, or by a clear passage-way between decks from the after 
 hatch. In no case must it be from the main hatch. 
 
 19. Masts, water-tanks and pumps, either of wood or iron, must be 
 properly cased, to prevent damage from leakage, and mast coats must be 
 strong and tight. 
 
 20. The between deck hatches must be kept off, and the scuppers safely 
 plugged, to prevent loose grain from running down the ship's timbers. 
 
 Ikon or Steel Sailing Vessels. 
 
 21. The foregoing rules are also to apply to iron or steel sailing vessels, 
 excepting that in cases where the floor and ceiling are in such good condi- 
 tion as to warrant it, the extra floor and ceiling may be dispensed with, 
 
174 APPENDIX VII. 
 
 and if the stanchions are not over ifour (4) feet apart and are double, twc 
 or three inch plankcan be fitted between them for shifting plank. 
 
 Vessels having iron or steel between decks without openings for wing 
 feeders, the bulk grain in the lower hold must be secured by at least fivf 
 heights of bags or its equivalent in other cargo laid over board coverings 
 as provided in Rule 8. 
 
 Steamers. 
 
 22. Steamers having water ballast tanks must have them covered wit! 
 a grain-tight platform made of 24 or 3 inch sound and dry planks, bul 
 this platform may be dispensed with where the top of the tanks ar< 
 of heavy plates and precautions are taken against overflow from tht 
 bilges. 
 
 23. Steamships without ballast tanks, having a cargo platform, in gooc 
 order, will not be required to fit a grain floor over it, otherwise such grair 
 floor will be required. 
 
 24. Vessels carrying small quantities of grain in bulk must have shift- 
 ing boards to the top of the grain, and the bulk must be properly covered 
 with boards before any other cargo is stowed over it. 
 
 25. Single deck steamers with a continuous hold forward will b( 
 required to have a closed bulkhead to divide the same. This rule will alsc 
 apply to the after hold. 
 
 26. Shifting planks must extend from deck to floor where grain is carried 
 in bulk and be properly secured to stanchions, or shored every eight feel 
 of length and every five feet of depth of hold, including hatchways. Shores 
 to be three by eight (3x8) inches or four by six (4 x 6) inches. 
 
 27. No bulk grain (or seeds in bulk, except oats, as hereinafter pro 
 vided in Rules 35, 36 and 37), to be carried in between decks, nor when 
 a ship has more than two decks, between the two upper decks, unless ii 
 properly constructed feeders to fill the orlop and lower hold. Bulk graii 
 may be carried on orlop or third deck below, provided said orlop has wing 
 openings and amidship feeders to feed same. All amidship feeders havi 
 properly constructed shifting boards to top of combings. 
 
 28. Steamers with two or more decks not having sufficient and properl; 
 constructed wing and amidship feeders, will be required to leave sufficien 
 space above the bulk in lower hold not less than 5 J feet, to properly secun 
 it with bags or other cargo ; the bulk to be covered with boards, as ii 
 Rule 8. If an orlop deck has sufficient openings to the lower hold the orloj 
 and lower hold may be considered as one hold and loaded accordingly. 
 
 29. Steamers having one deck and beams may carry bulk to such : 
 height as will permit the stowage over it of not less than five tiers of bags 
 except in the extreme ends, where four tiers of bags may be sufficient. Al 
 bags to be stowed on two tiers of boards, as provided for in Rule 8. 
 
 30. Steamers with laid between decks must have hatchway feeders, am 
 if the distance in the lower holds between the forward bulkhead in sail 
 holds and the nearest end of the hatchway feeders exceeds twelve ( 1 2) feel 
 then vessel must have a wing feeder on each side provided in the betwee: 
 decks to feed this space. If there are no openings in the between deck 
 for wing feeders five heights of bags must be put on top of bulk grain froi 
 the bulkhead to within twelve (12) feet of the feeders. 
 
 The same rule applies when the distance between the after end of th 
 hatchway feeders and the after bulkhead in lower holds exceeds twelv 
 (12) feet. 
 
 31. Bags stowed or laid between decks must be dunnaged. 
 
PRECAUTIONS AS TO GRAIN CARGO. 1 75 
 
 32. Steamers carrying grain in poop or under bridge deck must have 
 such grain in bags and have proper dunnage and shifting boards. 
 
 33. Steamers of the type known as "Turret" with single deck or single 
 deck and beams, may load full cargoes of grain in bulk, but must have 
 shifting boards, as required in Rules 2 and 3, and if required by surveyors 
 trimming bulkheads forward and aft extending from deck to floor, or if 
 coming under hatches to top of combing as directed by the surveyors, and 
 substantially fitted under their supervision. The loose grain in the end 
 compartments to be secured by not less than four tiers of bags on boards 
 properly laid. 
 
 34. Steamers that are partly single deck and partly double deck, known 
 as Switchback and as Port Awning Deck steamers, may load all bulk grain 
 in the lower holds of their double deck compartments, providing proper 
 amidship feeders and wing feeders are fitted, but the space in the between 
 decks around the feeders must be filled with bagged grain or general 
 cargo ; but if the vessel is too deep to carry any grain or other cargo on the 
 between decks, the feeders are to be shored or properly secured to the 
 satisfaction of the surveyor. 
 
 If there are no openings in between decks for wing feeders, and the 
 bulkheads are more than twelve (12) feet away from the nearest end of the 
 amidship feeders five (5) heights of bags must be put on top of the bulk 
 grain from the bulkheads to within twelve (12) feet of the feeders. 
 
 All hatchways used as feeders to have properly constructed shifting 
 boards to the top of the combings. 
 
 35. Full Cargo Oats. — Steamers with double bottoms for water ballast 
 may carry a full cargo of oats in bulk ; but if with two or more decks must 
 have tight wing and hatch feeders to feed the lower holds and or orlop, 
 as provided in Rule 30. 
 
 36. Part Cargo of Oats. — When the quantity of oats carried in bulk 
 between the two upper decks exceeds 60 per cent, of the capacity of said 
 deck, the excess over 50 per cent, may be stowed in bulk in compartments 
 fitted with wing shifting boards extending from bulkheads at each end of 
 hold to within four (4) feet of the hatches, one of such compartments shall 
 be the largest between deck compartments ; or Where a steamer has four 
 or more compartments in between decks oats may be loaded in bulk in all 
 of these compartments if they are provided with wing feeders of increased 
 size to reach from the forward and after bulkhead to within four feet of 
 hatches. The hatch feeders or feeders for lower hold must be capped 
 boxed feeders, five or six feet in depth. All holds are to be so fitted. 
 
 37. In single deck steamers oats in bulk may be loaded over heavy 
 grain with proper separation in two compartments, but the grain in all 
 other compartments must be properly secured with bagged grain or other 
 cargo easily handled. This rule applies also to steamers where some com- 
 partments are double and some single deck. 
 
 38. If owing to unusual construction of vessels which may neces- 
 sitate deviation from the foregoing rules, the surveyor must obtain the 
 approval of the Loading Committee of the Board. 
 
 New York, September 1, 1899. 
 
 (Signed) James A. Whitlock, 
 
 Secretary to the Board of Underwriters, 
 New Fork. 
 
176 APPENDIX VII. 
 
 (2) 
 
 The National Boabd op Marine Undekweitees, 
 6-9 Hanover Street, New York. 
 
 General Regulations. 
 
 1. The draft of water or free-board to be regulated by a scale 
 approved by the Loading Committee. Free-board shall be measured from 
 top of deck at side of the vessel to the water's edge at the centre of the load 
 water-line. Vessels having free-boards assigned by the Rules of the Board 
 of Trade (Marine Department), London, shall not be loaded deeper than 
 permitted by those rules. 
 
 2. Shifting boards must extend from the upper deck to the keelson 
 when grain is carried in bulk. When grain is carried in bags the shifting 
 boards must extend from deck to deck in the between decks, and not less 
 than four feet downwards from the beams in the lower hold. 
 
 3. Shifting boards referred to in all rules shall be of two (2) inch yellow 
 pine, or of three (3) inch spruce (or equivalent). 
 
 4. All hatch feeders and end bulkheads must be boarded on the inside. 
 
 5. The grain must be well trimmed up between the beams and in the 
 wings, and the space between them completely filled. 
 
 6. No grain shall be carried in the fore and after peaks except in bags. 
 
 7. No coal shall be carried on deck of steamers sailing between the 1st 
 of October and the 1st of April beyond such a supply as will be consumed 
 prior to vessels reaching the ocean. 
 
 8. Care must be taken that when grain in bags or other cargo is stowed 
 over bulk grain the bulk grain must be covered with two thicknesses of 
 boards placed athwartships and fore and aft, with spaces between the lower 
 boards of not more than four (4) feet, and between the upper boards of not 
 more than nine (9) inches. Care must be taken that all the bags are 
 properly stowed, in good order, and well filled, and that the tiers are 
 laid close. 
 
 Sailing Vessels. 
 
 9. Vessels being loaded with grain in bags shall be dunnaged from six 
 to twelve inches on the floor and from six to fifteen inches on the bilges, 
 according to the form of the ship's bottom ; and two (2) inches at the 
 sides. 
 
 The between decks shall be dunnaged two (2) inches from the sides 
 and decks. 
 
 The dunnage in the hold must be laid over with boards and entirely 
 covered with sails, or approved mats, so as to prevent any of the loose 
 grain from running down on to the floor of the vessel and thence to the 
 pump-well. If sails are used they must be of good quality and free from 
 holes. The sails and mats must cover the keelsons. 
 
 10. Bulk or loose grain must be taken in bins prepared for that 
 purpose. Materials for bins must be of well seasoned stock ; unseasoned 
 lumber must not be used where it will come in contact with the grain. 
 
 11. The floor of the bin must be laid on sleepers of scantling 2 J by 
 4 inches in size, sixteen inches apart from centre to centre, supported by 
 studs of corresponding size, also sixteen inches from centre to centre. 
 
 It must be raised from six to twelve inches over the floor of the vessel 
 — in the bilge from six to fifteen inches, and in vessels that are very flat 
 
PRECAUTIONS AS TO GRAIN CARGO. 177 
 
 or sharp, may be increased or diminished at the discretion of the 
 surveyor. 
 
 In no case shall the floor of the bin be laid on loose dunnage. 
 
 The floor is considered as extending from the keelson to the turn of 
 the bilge. It must be laid with two thicknesses of one-inch boards, so 
 that they will break joints at the edges and ends, and care must be taken 
 that it be grain-tight. Vessels under three hundred (300) tons register 
 may be permitted to have a single floor laid with one-inch boards placed 
 edge and edge and seams covered with battens two by one (2x1) inch, or 
 edges lapped one inch. 
 
 12. The studs for the forward and after bulkheads for vessels not 
 exceeding fourteen (14) feet depth of hold must be equal to four by six 
 (4 x 6) inches in size ; for vessels of a greater depth than fourteen (14) feet, 
 they must be equal to four by eight (4 x 8) inches. They must be set 
 twenty (20) inches apart from centre to centre, firmly secured at the top 
 and bottom, and properly braced in the centre, also cleated on the ceiling 
 to resist the pressure of the grain, and made grain-tight. 
 
 13. All air strakes and open seams must be closed and the sides of the 
 vessel above the turn of the bilge must be sealed after the manner of clap- 
 boarding reversed, and not furred where it can be avoided. When furring 
 is used the ceiling must be made grain-tight at the bilges and sides. All 
 lodging and bosom knees not fitted tight to the deck must be cleated 
 grain-tight around the face of the knees. 
 
 14. Vessels with single deck or with one deck and beams carrying a 
 full cargo of grain are required to have, in addition to the forward and 
 after end bulkheads, two trimming bulkheads (thus making a division of 
 three compartments), to extend from the upper deck to within two feet 
 from the bottom of the vessel. Except where the between decks are laid 
 aft, the after one may extend only to the lower deck, and be so placed 
 that in loading the middle compartment will be entirely filled and the end 
 ones left to trim the vessel. If the end compartments are not entirely 
 filled care must be taken that the cargo be properly covered and secured 
 on top to prevent shifting. The studs of the trimming bulkheads to 
 be not less than three by six (3 x 6) inches and set twenty-two (22) inches 
 from the centres, and all studs to be firmly secured at top and bottom and 
 properly braced and cleated. 
 
 15. Vessels carrying bulk and bags must not carry bulk higher than to 
 admit of the stowage of one-quarter of the cargo in bags or not less than 
 five heights of bags over it (except the vessel be under five hundred (500) 
 tons register, when the height may be regulated by the surveyor). 
 
 16. Vessels with two decks having bulk grain in hold as high as the 
 between deck shall have strakes of between deck-plank opened on each 
 side over the bulk in the wings and amidships, and have three or four feet 
 of bulk grain in wing and amidship feeders, upon which sufficient grain 
 in bags or other cargo may be stowed over board coverings, as provided 
 for in Rule 8. When the hold is not filled with bulk grain to the between 
 deck, enough space must be left and sufficient cargo stowed over it to 
 properly secure it, as provided for in Rule 8. 
 
 1 7. The pump-well must be sufficiently large to admit of the passage 
 of a man to the bottom of the hold, and with room to work conveniently 
 when there, say not less than four (4) feet fore and aft, and five (5) feet 
 athwartships (reference, however, must be had to the size of the keelson 
 and assistant keelsons), and must be grain-tight and ceiled. 
 
 18. Access to the pump-well must be had either by a manhole through 
 the upper deck or by a clear passage-way between decks from the after 
 hatch. In no case must it be from the main hatch. 
 
178 APPENDIX VII. 
 
 19. Masts, water- tanks and pumps, either of wood or iron, must be 
 properly cased, to prevent damage from leakage, and mast coats must be 
 strong and tight. 
 
 20. The between deck hatches must be kept oif, and the scuppers 
 safely plugged to prevent loose grain from running down the ship's 
 timbers. 
 
 Iron ob Steel Sailing Vessels. 
 
 21. The foregoing rules are also to apply to iron or steel sailing vessels, 
 excepting that in cases where the floor and ceiling are in such good con- 
 dition as to warrant it, the extra floor and ceiling may be dispensed with, 
 and if the stanchions are not over four (4) feet apart and are double, two 
 or three inch plank can be fitted between them for shifting plank. 
 
 Vessels having iron or steel between decks without openings for wing 
 feeders, the bulk grain in the lower hold must be secured by at least five 
 heights of bags or its equivalent in other cargo laid over board coverings, 
 as provided in Rule 8. 
 
 Steamers. 
 
 22. Steamers having water ballast tanks must have them covered with 
 a grain-tight platform made of 2\ or 3 inch sound and dry planks, but 
 this platform may be dispensed with where the top of the tanks are of 
 heavy plates and precautions are taken against overflow from the bilges. 
 
 23. Steamships without ballast tanks, having a cargo platform, in good 
 order, will not be required to fit a grain floor over it, otherwise such grain 
 floor will be required. 
 
 24. Vessels carrying small quantities of grain in bulk must have shift- 
 ing boards to the top of the grain, and the bulk must be properly covered 
 with boards before any other cargo is stowed over it. 
 
 25. Single deck steamers with a continuous hold forward will be 
 required to have a closed bulkhead to divide the same. This rule will 
 also apply to the after hold. 
 
 26. Shifting planks must extend from deck to floor where grain is 
 carried in bulk and be properly secured to stanchions, or shored every 
 eight feet of length and every five feet of depth of hold, including hatch- 
 ways. Shores to be three by eight (3 x 8) inches or four by six (4 x 6) 
 inches. 
 
 27. No bulk grain (or seeds in bulk, except oats, as hereinafter pro- 
 vided in Rules 35, 36, and 37) to be carried in between decks, nor where 
 a ship has more than two decks, between the two upper decks, unless in 
 properly constructed feeders to fill the orlop and lower hold. Bulk grain 
 may be carried on orlop or third deck below, provided said orlop has wing 
 openings and amidship feeders to feed same. All amidship feeders to 
 have properly constructed shifting boards to top of combings. 
 
 28. Steamers with two or more decks not having sufficient and pro- 
 perly constructed wing and amidship feeders, will be required to leave 
 sufficient space above the bulk in lower hold not less than 5J feet, to 
 properly secure it with bags or other cargo ; the bulk to be covered with 
 boards, as in Rule 8. If an orlop deck has sufficient openings to the lower 
 hold the orlop and lower hold may be considered as one hold and loaded 
 accordingly. 
 
 29. Steamers having one deck and beams may carry bulk to such a 
 height as will permit the stowage over it of not less than five tiers of 
 
 s, except in the extreme ends,, where four. tiers of bags may be 
 
PRECAUTIONS AS TO GRAIN CARGO. 1 79 
 
 sufficient. All bags to be stowed on two tiers of boards, as provided for 
 in Rule 8. 
 
 30. Steamers with laid between decks must have hatchway feeders, 
 and if the distance in the lower holds between the forward bulkhead in 
 said holds and the nearest end of the hatchway feeders exceeds twelve 
 (12) feet, then" vessel must have a wing feeder on each side provided in 
 the between decks to feed this space. If there are no openings in the 
 between decks for wing feeders five heights of bags must be put on top 
 of the bulk grain from the bulkhead to within twelve (12) feet of the 
 feeders. 
 
 The same rule applies when the distance between the after end of the 
 hatchway feeders and the after bulkhead in lower holds exceeds twelve 
 (12) feet. 
 
 31. Bags stowed or laid between decks must be dunnaged. 
 
 32. Steamers carrying grain in poop or under bridge deck must have 
 such grain in bags and have proper dunnage and shifting boards. 
 
 33. Steamers of the large type known as " Turret," with single deck 
 or single deck and beams, may load full cargoes of grain in bulk, but must 
 have shifting boards, as required in Rules 2 and 3, and if required by 
 surveyors trimming bulkheads forward and aft extending from deck to 
 floor, or if coming under hatches to top of combing as directed by the 
 surveyors, and substantially fitted under their supervision. The loose 
 grain in the end compartments to be secured by not less than four tiers 
 of bags on boards properly laid. 
 
 34. Steamers that are partly single deck, and partly double deck, known 
 as Switchback and as Part Awning Deck Steamers, may load all bulk grain 
 in the lower holds of their double deck compartments, providing proper 
 amidship feeders and wing feeders are fitted, but the space in the between 
 decks around the feeders must be filled with bagged grain or general 
 cargo, but if the vessel is too deep to carry any grain or other cargo on 
 the between decks the feeders are to be shored or properly secured to the 
 satisfaction of the surveyor. 
 
 If there are no openings in between decks for wing feeders and the 
 bulkheads are more than twelve (12) feet away from the nearest end of 
 the amidship feeders five (5) heights of bags must be put on top of the 
 bulk grain from the bulkheads to within twelve (12) feet of the feeders. 
 
 All hatchways used as feeders to have properly constructed shifting 
 boards to the top of the combings. 
 
 35. Full Cargo Oats. — Steamers with double bottoms for water ballast 
 may carry a full cargo of oats in bulk ; but if with two or more decks 
 must have tight wing and hatch feeders to feed the lower holds and or 
 orlop, as provided in Rule 30. 
 
 36. Part Cargo of Oats. — When the quantity of oats carried in bulk 
 between the two upper decks exceeds 60 per cent, of the capacity of the 
 said deck, the excess over 50 per cent, may be stowed in bulk in compart- 
 ments fitted with wing shifting boards extending from bulkheads at each 
 end of hold to within four (4) feet of the hatches, one of such compart- 
 ments shall be the largest between deck compartments ; or Where a 
 steamer has four or more compartments in between decks oats may be 
 loaded in bulk in all of these compartments if they are provided with 
 wing feeders of increased size to reach from the forward and after bulk- 
 head to within four feet of hatches. The hatch feeders or feeders for 
 lower hold must be capped box feeders, five or six feet in depth. All 
 holds are to be so fitted. 
 
 : 37. In single deck steamers oats in bulk may be loaded over heavy 
 grain with proper separation in two compartments, but the grain in all 
 
l8o APPENDIX VII. 
 
 other compartments must be.properly secured with bagged grain or other 
 cargo easily handled. This rule applies also to steamers where some 
 compartments are double and some single deck. 
 
 38. If owing to unusual construction of vessels which may necessitate 
 deviation from the foregoing rules, the surveyor must obtain the approval 
 of the Loading Committee of the Board. 
 
 New York, October 18, 1899. 
 
 (3) 
 
 Regulations of the Board op Underwriters of New Orleans, 
 
 for Preparation and Stowage of Grain Loaded Vessels. 
 
 Steamers. 
 
 1. Steamers, with or without water ballast tanks, must have floors 
 planked with 2| or 3 inch planks (the same being sound, dry, and grain- 
 tight), and not less than 18 inches above cementing. 
 
 2. Steamers with a continuous hold forward will require a close bulk^ 
 head in the same, and also aft if deemed necessary by the surveyor. 
 
 3. Two (2) to three (3) inch shifting planks, or equivalent, at the discre- 
 tion of the surveyor, must be properly secured to stanchions and shored 
 every 8 feet of length, and every 5 feet of depth of hold ; shores to be 3 by 
 8 or 4 by 6, at the discretion of the surveyor. 
 
 4. The shifting boards must extend from upper deck to keelson where 
 grain is carried in bulk, with secure beam fillings ; when grain is carried 
 in bags the shifting boards must extend from deck to deck in the between 
 decks and not less than 4 feet downwards from the beams in the lower 
 holds. 
 
 5. No bulk grain to be carried in the between decks, or (where a ship 
 has more than two decks) between the two upper decks, unless in properly 
 constructed feeders to feed the hold ; feeders amidships to have centre 
 shifting boards. 
 
 6. All grain carried in bulk must be supplied by proper feeders, or 
 sufficient space left to properly secure it with bags of grain or other 
 cargo. 
 
 7. Steamers not having properly constructed feeders will be required 
 to leave sufficient space above the bulk, not less than 5J feet, to properly 
 secure it with bags or other cargo ; the bulk to be boarded. 
 
 8. Steamers having one deck and beams may carry bulk to such a 
 height as will permit the stowage over it of not less than five heights of 
 bags stowed over boards laid fore and aft (excepting at the extreme ends 
 where four heights will be sufficient), and so placed that each bottom 
 bag shall be supported by two boards with athwartship bearing boards 
 sufficient to prevent the bags from settling into the bulk grain. 
 
 9. The grain must be well trimmed up between the beams and wings 
 and the space between the beams and wings completely filled. 
 
 10. The class of steamers known as " Switchback" or " Webframe," 
 are allowed to carry all bulk grain in No. 2 hold only. The feeding hatch 
 must have shifting planks as high as the hatch covers. 
 
 11. Steamers which have long bridge decks, same being double deck 
 at Nos. 2 and/or 3 holds may carry all bulk grain in said holds, only same 
 must be fitted with properly constructed feeders with shifting boards 
 extending up to the top of hatch covers. No bulk grain will be allowed 
 outside the feeders and between the decks. 
 
PRECAUTIONS AS TO GRAIN CARGO. l8l 
 
 12. Bunker hatches within any hold in which they are fitted are to be 
 utilised for feeders when possible. A bulkhead is required between Nos. 
 I and 2 holds. 
 
 13. Oats may be shipped in bulk in steamers fitted for grain, excepting 
 that feeders will not be required, but they must be well trodden down to 
 the satisfaction of the surveyor while being loaded, or space left for at 
 least five heights of bags. 
 
 14. Flax seed is to be shipped in the same manner as wheat, excepting 
 that the boards covering the bulk seed shall be placed close together. 
 
 Paet Cargoes. 
 
 15. Vessels loading part cargoes of grain will conform to above rules, 
 except where there is seven feet or more height between grain in lower 
 holds and decks above, and said grain secured by cotton screwed in over 
 one tier placed on it flat, in which case no platform of boards will be 
 required between grain and cotton. 
 
 (4) 
 MOBILE BOARD OF UNDERWRITERS. 
 
 Regulations fob Pbeparation and Stowage op Geain-Loaded 
 Steam eks. 
 
 1. Steamers with or without water ballast tanks must have floors planked 
 with 2J or 3 inch planks (the same being sound, dry, and grain-tight), and 
 not less than 18 inches above cementing. 
 
 2. Steamers with a continuous hold forward will require a close bulk- 
 head in the same, and also aft if deemed necessary by the surveyor. 
 
 3. Two (2) to three (3) inch shifting planks or equivalent, at the dis- 
 cretion of the surveyor, must be properly secured to stanchions, and 
 shored every 8 feet of length and every 5 feet of depth of hold ; shores to 
 be 3 x 8 or 4 x 6, at the discretion of the surveyor. 
 
 4. The shifting boards must extend from upper deck to keelson, where 
 grain is carried in bulk, with secure beam fillings ; when grain is carried 
 in bags the shifting boards must extend from deck to deck in the between 
 decks, and not less than 4 feet downward from the beams in the lower 
 holds. 
 
 5. No bulk grain to be carried in the between decks or (where a ship 
 has more than two decks) between the two upper decks unless in properly 
 constructed feeders to feed the hold ; feeders amidships to have centre 
 shifting boards. 
 
 ■ - 6. All grain carried in bulk must be supplied by proper feeders, or 
 sufficient space left to properly secure it with bags of grain or other 
 cargo. 
 
 7. Steamers not having properly constructed feeders will be required 
 to leave sufficient space above the bulk, not less than 5J feet, to properly 
 secure it with bags or other cargo ; the bulk to be boarded. 
 
 8. Steamers having one deck and beams may carry bulk to such a 
 height as will permit the stowage oyer it of not less than 'five heights of 
 bags stowed over boards laid fore and aft (excepting at the extreme ends, 
 where four heights will be sufficient), and so placed that each bottom bag 
 shall be supported by two boards with athwartships bearing boards 
 sufficient to prevent the bags settling into the bulk grain. 
 
 9. The grain must be well trimmed up between the beams and wings, 
 and the space between the beams and wings completely filled. 
 
1 82 APPENDIX VII. 
 
 io. The class of steamers known as " Switchback " or " Webframe " are 
 allowed to carry all bulk grain in No. 2 hold only. The feeding hatch 
 must have shifting planks as high as the hatch covers. 
 
 Steamers which have long bridge decks, same being double deck at 
 Nos. 2 and/or 3 holds, may carry all bulk grain in said holds, only same 
 must be fitted with properly constructed feeders with shifting boards 
 extending up to the top of hatch covers. No bulk grain will be allowed 
 outside the feeders and between the decks. 
 
 Bunker hatches in No. hold are to be utilised for feeders when 
 
 possible. 
 
 A bulkhead is required between Nos. 1 and 2 holds. 
 
 1 1. Oats may be shipped in bulk in steamers fitted for grain, excepting 
 that feeders will not be required, but they must be well trodden down, to 
 the satisfaction of the surveyor, while being loaded, or space left for at 
 least five heights of bags. 
 
 12. Flax seed is to be shipped in the same manner as wheat, excepting 
 that the boards covering the bulk seed shall be placed close together. 
 
 Pakt Cargoes. 
 
 Vessels loading part cargoes of grain will conform to above rules, 
 except where there is 7 feet or more height between grain in lower holds 
 and decks above, and said grain secured by cotton screwed in over one 
 tier placed on it flat, in which case no platform of boards will be required 
 between grain and cotton. 
 
 Approved by Mobile Board of Underwriters, 1 
 
 (Signed) Jos. F. Mitchell, 
 
 Secretary. 
 Wm. B. Rose, 
 President. 
 
 (5) 
 
 Rules for loading Iron or Steel Ships with one-third or 
 Cargo op Wheat in bulk prom Pacific Coast to Europe. 
 
 (Adopted by the Wheat Tariff Association.) 
 
 1 . The pump- well must be sufficiently large to admit of the passage of 
 a man to the bottom of the hold and have room to work conveniently 
 there ; and must be grain-tight, and cased if required. 
 
 Access to the pump-well must be either by a manhole through the 
 upper deck or by a clear passage way between decks from the after hatch ; 
 in no case must it be from the main hatch. 
 
 2. Bulk or loose grain must be taken in bins prepared for that purpose. 
 Material for bins must be of well-seasoned spruce or pine stock. . Un- 
 seasoned lumber must not be used where it will come in contact with 
 the grain. 
 
 3. The floor of bin must be laid on sleepers of scantling, 3x4 inches 
 in size, 16 inches apart from centre to centre, supported by studs in the 
 bilges of corresponding size, also 16 inches from centre to centre. ;It 
 should be raised 6 inches over the floor of the vessel; in the bilge!, -9 
 inches. 
 
 All defects in the ceiling of the ship must be made good before the 
 floors of the bin are laid, and care must be taken that the casing around 
 the iron keelson be made grain-tight. 
 
PRECAUTIONS AS TO GRAIN CARGO. 1 83 
 
 The sides of the vessel above the turn of the bilge must be ceiled after 
 the manner of clapboarding, so as to shed grain, and the boards must be 
 lapped not less than 2 inches and securely nailed with steel wire nails. 
 
 In no case should the floor of the bin be laid on loose dunnage. The 
 floor is considered as extending from the keelson to the turn of the bilge. 
 It must be laid with two thicknesses of i-inch boards, so that they will 
 break joints at the edges and ends, and care must be, taken that it be 
 perfectly tight. 
 
 The bins to be lined with burlaps or sails to the height of the bulk 
 grain. 
 
 4. The studs for the forward and after bulkheads must be equal to 
 4x8 inches. They must be set 20 inches apart from centre to centre, 
 firmly secured at the top and bottom, and properly braced and cleated on 
 the ceiling to resist the pressure of the grain. 
 
 5. Shifting boards, two inches thick, must extend from the keelson to 
 the deck on each side of the stanchions, fitted tight to the beams, with 
 battens over the seams, and care must be taken that the stanchions are 
 well secured at both ends and not more than 7 feet apart. 
 
 Two thicknesses of i-inch board may be substituted for the 2-inch 
 boards, provided they are fixed to break joints at the edges and ends. 
 
 Shifting boards to be shored off to sides of ship in wake of hatches. 
 
 Wooden stanchions of same thickness as the iron stanchions to be put 
 in and driven tight from beams to keelson, to which the shifting boards 
 are to be secured. 
 
 Exceptions may be made in cases where permanent shifting planks are 
 satisfactorily fitted. 
 
 6. Masts and water tanks, either of wood or iron, must be properly 
 cased to prevent damage from leakage. Mast coats must be strong and 
 tight. 
 
 7. Vessels being loaded with over 12,000 bushels (360 short tons) of 
 grain in bulk must have intermediate athwartships partitions or bulk- 
 heads. 
 
 8. Vessels carrying bulk and bags should not carry the bulk higher 
 than to admit of the stowage of not less than six heights of bags over it ; 
 stowed as customary, on a platform of i-inch boards, not more than 6 
 inches apart, supported on and nailed to i-inch boards not more than 
 5 feet apart, so as to prevent the bags from settling into the bulk grain. 
 
 Each bottom bag to be so placed that it shall be supported by two 
 boards running crosswise to the bags. 
 
 Two tiers of bags to be stowed from the bottom of the bins to the top 
 of the bulk wheat, around the masts, pump-well and tank. 
 
 9. No double deck vessel is permitted to carry bulk grain in the 
 between decks. 
 
 "•■ :: - ..■".'- . < 6 > 
 
 Regulations foe the Loading of Cargoes of Gbain in Bags at 
 Pacific Coast Poets. 
 
 . "■ . (Adopted by the Wheat Tariff Association.) 
 
 'Wooden Ships. 
 
 1. Dunnage in "the. bottom to be not less than ten inches on the floor, 
 and fifteen inches at the bilge. 
 
 Dunnage and sides to be clapboaTded from the keelson to the upper 
 deck shelf. 
 
184 APPENDIX VII. 
 
 AH decks to be dunnaged with strip and board two inches high. 
 
 Sufficient covering to be laid over the bottom as high as the upper 
 turn of the bilge, all fore and aft, to prevent the loose grain getting to the 
 pumps. 
 
 2. Shifting boards two inches thick, placed on eaeh side of the stan- 
 chions, abreast of each other, must extend from deck to deck in the 
 between decks, and must extend not less than four feet downward from 
 the beams in the lower hold, and be secured to the satisfaction of the 
 surveyors. 
 
 3. In vessels where no manhole is fitted to get to the pumps, a proper 
 communication is to be left through the cargo to get access to the pump- 
 well. 
 
 Iron Ships. 
 
 4. Dunnage in the bottom to be not less than six inches on the floor 
 and ten inches at the bilge. Lower hold to be lined with boards from the 
 keelson to the lower deck beams. 
 
 The sides of the between decks, if fore and aft battened only, the space 
 between the battens to be filled in with boards. 
 
 Where vertical battens are fitted over the fore and aft ones, thick 
 mats may be used in lieu of the boards before mentioned, but in the 
 absence of mats, additional vertical battens are to be fitted between the 
 original ones. 
 
 Where the between deck is laid and caulked, with combings fitted 
 round hatchways, the deck to be dunnaged with strip and board two 
 inches high ; but where the deck is open, the gutter waterway only will 
 require to be covered with a fore and aft board. 
 
 5. In all cases where a vessel has carried salt or other cargo which 
 leaves a permanent dampness in the deck, it is to be dunnaged in the 
 same manner as a laid deck. 
 
 6. Covering of bottom, arrangement of shifting boards, and passage to 
 pump- well to be as prescribed for wooden ships. 
 
 I hereby certify that the foregoing Regulations numbered 1 to 6 are 
 the Eegulations of the Wheat Tariff Association, San Francisco, in 
 respect of ships loading grain cargoes. 
 Dated this 16th day of November 1896. 
 
 (Signed) Edm. L. Woods, 
 
 Secretary to the Wheat Tariff Association, 
 San Francisco. 
 
 (7) 
 MONTREAL. 
 
 Revised Rules and Regulations of the Office of the Poet 
 Warden of the Harbour of Montreal, sanctioned by the 
 Council of the Montreal Board of Trade, 28th May 1895. 
 
 1. The master of any vessel intending to load grain for any port not 
 within the limits of inland navigation shall notify the Port Warden, who 
 shall ascertain whether such vessel is in a fit state and condition to 
 receive and carry her cargo in safety to its destination, and if,, in his 
 opinion, she is unfit, he shall declare what repairs are necessary. While 
 the different holds are being prepared, the master shall notify the Port 
 Warden from time to time, who shall see that each hold is in a fit and 
 proper state and condition to receive grain, and shall enter in the books 
 
PRECAUTIONS AS TO GRAIN CARGO. 1 85 
 
 )f his office all particulars connected with these surveys, and grant 
 necessary certificates. 
 
 2. Limbers. — The limber boards to be lifted and limbers and water 
 courses to the ship's pumps to be cleaned where necessary. 
 
 3. Ceiling. — The seams of ceiling over water ballast tanks will require 
 to be made grain-tight by nailing \ x 2 inch battens over them. 
 
 4. Flooring. — Where there are no ballast tanks nor permanent grain 
 ceiling, a flooring will be required extending from the keelson to the turn 
 of the bilge of 3 x 4 inch scantling, close boarded edge to edge, with two 
 1 -inch boards breaking joints and made grain-tight, the cement between 
 the frames above the ceiling to be examined and repaired if necessary, 
 pump and other casings where passing through the ship's ceilings to be 
 made grain-tight. 
 
 5. In vessels having water ballast tanks in Nos. 2 and 3 holds, the Port 
 Warden in his discretion may grant a certificate and permit bulk grain to 
 be loaded in No. 1 and No. 4 holds, provided that on examination the 
 ship's ceiling in these holds is found to be dry and in good order, the 
 seams caulked and made grain-tight. 
 
 6. Shifting Boards. — Shifting boards must extend from the upper deck 
 to the keelson when grain is carried in bulk ; when grain is carried in 
 bags the shifting boards must extend from deck to deck in the between 
 decks, and not less than four feet downwards from the beams in the 
 lower holds. 
 
 Shifting boards to be built of two or three inch planks laid close on 
 edge, properly secured to the hold pillars, or shored every eight feet of 
 length and five feet of height of hold, the shores or braces to be 3x6 
 inches or 4x6 inches, according to length, and firmly secured at both 
 ends ; in the hatchways the shores not to be further apart than five feet 
 of length of hatch. Filling pieces to be fitted between the beams where 
 bulk grain is carried. Shifting boards to be fitted in the between decks 
 when grain or flour in bags is carried. A bulkhead is to be built if the 
 forward hold is continuous between No. 1 and No. 2 hatches. 
 
 7. Feeders. — Grain carried in bulk must be supplied by proper feeders, 
 or else secured by bags of grain or other cargo. 
 
 Feeders to be constructed of 3 x 6 inch studding fitted inside of hatch 
 coamings if possible, cleated at head and foot, boarded with ij inch 
 boards on the inside of studding, shifting boards in centre to extend 
 above bulk grain, and shored from side of feeders or hatch coamings ; 
 between deck scuttles to be used as supplementary feeders when practic- 
 able, the size of the box to be regulated by the Port Warden. Bunker 
 hatches to be utilised as feeders when feasible. The quantity of bulk 
 grain in the feeders should be equal to four inches of hold surface. 
 
 8. Stowage. — Steamers having one deck and beams may carry bulk 
 grain to such a height as will permit the stowage over it of four heights 
 of bagged grain, and where bagged grain or other cargo is used for 
 securing the bulk grain, boards of one-inch thickness must be laid close, 
 edge to edge, on athwartship bearers not more than four feet apart, on 
 the bulk grain to prevent it shifting. The bulk grain- must be well 
 trimmed up between the beams and in the wings, and all spaces com- 
 pletely filled. 
 
 9. There shall not be carried between the decks, or if the ship has 
 more than two decks, between the main and upper decks, any heavy grain 
 in bulk, except such as may be necessary for feeding the cargo of the 
 hold, and is carried in properly constructed feeders. 
 
 10. No vessel over 400 tons register shall be permitted to load an 
 entire care-o of arain in bulk, oats excepted. Oats may be carried in 
 
I 86 APPENDIX VII. 
 
 bulk to any extent, irrespective of the tonnage of the ship, but subject 
 to such regulations with reference to dunnage, lining and shifting boards, 
 as the Port Warden may prescribe. 
 
 ii. The master shall inform the Port Warden of the quantity of bunker 
 coal his vessel may require to take in after leaving this port, so that due 
 allowance may be made when the freeboard is given. The freeboard of 
 all vessels to be regulated by the Port Warden, but the freeboard is never 
 to be less than that assigned under the provisions of the Imperial Merchant 
 Shipping Act, 1894. 
 
 II. 
 
 OFFICIAL NOTICE. 
 
 Mediterbanean and Black Sea. 
 
 Merchant Shipping Act, 1894. 
 
 Wheeeas it is provided by section 453 of the Merchant Shipping Act, 
 1894, that "Where a British ship laden with a grain cargo at any port in 
 the Mediterranean or Black Sea is bound to ports outside the Straits of 
 Gibraltar, or where a British ship is laden with a grain cargo on the coast 
 of North America, the precautions to prevent the grain cargo from shift- 
 ing, set out in the Eighteenth Schedule to this Act, shall be adopted, 
 unless the ship is loaded in accordance with regulations for the time 
 being approved by the Board of Trade." 
 
 Now, therefore, the Board of Trade approve the following regulations, 
 viz. : — 
 
 1. In the case of single-decked ships loading a grain cargo at a port in 
 the Mediterranean or Black Sea, where no provision is made for feeding 
 the hold, and where, according to the requirements of the Eighteenth 
 Schedule of the said Act, one-fourth of the grain carried in any one com- 
 partment, bin, or division must be in bags, the Board of Trade have 
 approved a regulation that the whole fourth, or any part of the fourth, of 
 the compartment, bin, or division which would, according to the re- 
 quirements aforesaid, be stowed with grain in bags, may in lieu thereof 
 be stowed with bales of cotton, bales of grass, or bags of flour, or other 
 suitable cargo ; provided always that the substituted cargo be supported 
 on suitable platforms laid on the grain in bulk and be so stowed as to 
 prevent the grain from shifting. 
 
 2. In the case of ships having two decks, oats, cotton seed, or barley 
 may be carried in bulk in the 'tween decks, provided that — 
 
 (a) Grain-tight feeders be fitted from the lower hold through the 
 hatches to the uppermost deck: such feeders to contain not 
 more than six per cent, and not less than three per cent, of the 
 quantity carried in the hold or compartment they feed. These 
 feeders must not interfere with or decrease in any way the * two 
 per cent, which is required to feed the grain carried in the 
 'tween decks. 
 
 ~ In the Rothbury it was decided that the 2 per. cent, mentioned in the Regulations 
 means in two-decked vessels 2 per cent, of the whole amount in the 'tween-deck com- 
 partments and in the hold below, not merely 2 per cent, of the quantity in the 
 'tween-deck compartment. There is also a comment in this case on what constitutes 
 bad stowage. The judge (Sir Charles Butt) said : ' ' The fore hold was not full,-the grain 
 being trimmed on a slant up to the bulkhead, and spare gear placed on the top of the 
 cargo. This was obviously improper stowage." 
 
PRECAUTIONS AS TO GRAIN CARGO. 1 87 
 
 Or (in lieu of the regulation contained in the paragraph (a) above) may 
 be substituted the following : — 
 
 (6) That the -between deck hatches shall not at any time be put on ; 
 
 and 
 (c) That strakes of the deck be lifted, or if the deck is an iron deck, 
 sufficient openings be made through the deck in the wings, 
 which with the open hatches shall admit of the cargo in the 
 between decks feeding the lower hold. 
 The regulations contained below shall also be observed whether the. 
 ship is loaded under the regulation contained in paragraph (a) above, or 
 in accordance with the regulations contained in the paragraphs (5) and (c) 
 above ; that is to say, 
 
 {d) There shall be longitudinal grain-tight shifting boards in accord- 
 ance with Clause 3 of the Eighteenth Schedule of the said Act, 
 and the grain shall be properly stowed, trimmed, and secured, 
 as required by Clause 4 of the said Schedule. 
 (e) Feeders shall be fitted to feed the grain carried in the between 
 decks, such feeders to contain not less than two per cent, of the 
 compartments they feed. If strakes of the deck be lifted, or 
 sufficient openings are left to enable the grain in the 'tween 
 decks to feed the lower hold, then it is obvious that the feeders 
 must contain at least two per cent, of the compartments they 
 feed, ie. the 'tween decks, plus the lower hold. 
 (/) The space in the 'tween decks in which the grain in bulk is carried 
 shall be bounded at each end by grain-tight transverse bulk- 
 heads or partitions extending from deck to deck. 
 (g) The ship shall not be overloaded. 
 
 3. If at any time it should appear to the Board of Trade that the above 
 regulations or any of them insufficiently provide for the safety of the ship, 
 and should therefore in their opinion be revoked and withdrawn ; or that 
 they need alteration ; the Board of Trade will revoke, withdraw, or alter 
 them accordingly. 
 
 COURTENAY BOYLE, 
 Secretary. 
 Ingram B. Walker, 
 Assistant Secretary. 
 
 Marine Department, Board of Trade, 
 April 1897. 
 
( 188 ) 
 
 APPENDIX VIII. 
 
 RULES MADE BY BOARD OF TRADE UNDER THE MERCHANT 
 SHIPPING ACT, 1894. 
 
 (57 & 58 Vict. c. 60.) 
 
 To come into effect 31st March 1902. 
 
 Fob the purposes of these Rules, British ships shall be arranged into the 
 following classes : — 
 
 Division (A). — Class 1. — Steamships carrying emigrant passengers 
 subject to all the provisions of the " Passengers Acts." 
 
 Class 2. — Foreign-going steamships having passenger certificates under 
 the " Merchant Shipping Act." 
 
 Class 3. — Steamships having passenger certificates under the "Mer- 
 chant Shipping Act" authorising them to carry passengers anywhere 
 within the home-trade limits ; that is to say, between places in the United 
 Kingdom, or between the United Kingdom and ports in Europe between 
 the River Elbe and Brest. 
 
 Class 4. — Foreign-going steamships not certified to carry passengers. 
 
 Division (B).— Class 1. — Sailing ships carrying emigrant passengers 
 subject to all the provisions of the Merchant Shipping Act. 
 
 Class 2. — Foreign-going sailing ships carrying passengers, but not 
 subject to all the provisions of the Merchant Shipping Act. 
 
 Class 3. — Foreign-going sailing ships not carrying passengers. 
 
 Class 4. — Sailing ships carrying passengers anywhere within the home- 
 trade limits. 
 
 Division (C). — Class 1. — Steamships not certified to carry passengers 
 plying anywhere within the home-trade limits. 
 
 Class 2. — Sailing ships in the same trades not carrying passengers. 
 
 Division (D). — Class 1. — Steamships having passenger certificates 
 authorising them to carry passengers within certain specified limits of 
 the home trade ; that is to say, on short specified passages along the 
 coasts of the United Kingdom, or between Great Britain and Ireland, or 
 between Great Britain or Ireland and the Isle of Man. 
 
 Class 2. — Steamships carrying passengers in estuaries or mouths of 
 rivers, or on short excursions or pleasure trips to sea- 
 Class 3. — Steamships not certified to carry passengers but employed 
 solely in the coasting trade. 
 
 Class 4. — Sailing ships not carrying passengers but employed solely in 
 the coasting trade. 
 
 Class 5. —Steam fish carriers, tug-boats, and steam lighters, which pro- 
 ceed to sea. 
 
 Class 6. — Steam launches proceeding for short distances to sea. 
 
 Division (E). — Class 1. — Steamships carrying passengers on rivers, 
 lakes, or land-locked inland waters, but not going to sea or into rough 
 waters. 
 
RULES BY BOARD OF TRADE. I 89 
 
 Class 2. — Tug-boats and steam lighters which do not proceed to sea. 
 Class 3. — Hulks, dredgers, steam hoppers, &c, which proceed to sea 
 and which do not proceed to sea. 
 
 Division (A)— Class 1. 
 
 Rules foe Steamships caebying Emigrant Passengers subject 
 to all the provisions of the merchant shipping act. 
 
 (<*) Ships of Division (A) Class 1, shall carry boats placed under davits, 
 fit and ready for use, and having proper appliances for getting them into 
 the water, in number and capacity as prescribed by the Table in the 
 Appendix to these Rules : such boats shall be equipped in the manner 
 required by and shall be of the description defined in the General Rules 
 appended hereto. 
 
 (6) Masters or owners of ships of this class claiming to carry fewer 
 boat under davits than are given in the Table must declare before the 
 collector or other officers of Customs, at the time of clearance, that the 
 boats actually placed under davits are sufficient to accommodate all 
 persons on board, allowing 10 (ten) cubic feet of boat capacity for each 
 adult person, or " statute adult." 
 
 (c) Not less than half the number of boats placed under davits, having 
 at least half the cubic capacity required by the Tables, shall be boats of 
 Section (A), or Section (B). The remaining boats may also be of such 
 description, or may, in the option of the shipowner, conform to Section 
 (C), or Section (D), provided that not more than two boats shall be of 
 Section (D). 
 
 (d) If the boats placed under davits in accordance with the Table do not 
 furnish sufficient accommodation for all persons on board, then additional 
 wood, metal, collapsible or other boats of approved description (whether 
 placed under davits or otherwise) or approved life rafts shall be carried. 
 One of these boats may be a steam launch ; but in that case the space 
 occupied by the engines and boilers is not to be included in the estimated 
 cubic capacity of the boat. 
 
 Subject to the provisions contained in paragraph (/) of these rules, such 
 additional boats or rafts shall be of at least such carrying capacity that 
 they and the boats required to be placed under davits by the Table pro- 
 vide together in the aggregate, in vessels of 5,000 tons gross and upwards, 
 three-fourths, and in vessels of less than 5,000 tons gross, one-half, more 
 than the minimum cubic contents required by column 3 of that Table. 
 For this purpose 3 cubic feet of air case in the life raft is to be estimated 
 as 10 cubic feet of internal capacity. Provided always that the rafts will 
 accommodate all the persons for which they are to be certified under the 
 rules, and also have 3 cubic feet of air case for each person. 
 
 All such additional boats or rafts shall be placed as conveniently for 
 being available as the ship's arrangements admit of, having regard to the 
 avoidance of undue encumbrance of the ship's deck and to the safety of 
 the ship for her voyage. 
 
 (e) In addition to the life-saving appliances before mentioned, ships of 
 this class shall carry not less than one approved life-buoy for every boat 
 placed under davits. They shall also carry approved life-belts or other 
 similar approved articles of equal buoyancy suitable for being worn on 
 the person, so that there may be at least one for each person on board 
 the ship, 
 
 (/) Provided, nevertheless, that no ship of this class shall be required 
 
190 APPENDIX VIII. 
 
 to carry more boats or rafts than will furnish sufficient accommodation for 
 all persons on board. 
 
 Division (A) — Class 2. 
 
 Rules for Foreign-going Steamships having Passenger Certi- 
 ficates UNDER THE MERCHANT SHIPPING ACT. 
 
 Ships of this class shall be subject to the same requirements as those 
 in Division (A), Class 1. 
 
 Division (A) — Class 3. 
 
 Rules for Steamships having Passenger Certificates under 
 the Merchant Shipping Act authorising them to carry 
 Passengers anywhere within the Home-Trade Limits ; that 
 is to say, between places in the united kingdom or be- 
 TWEEN the United Kingdom and Ports in Europe between 
 the River Elbe and Brest. 
 
 (a) Ships of this class shall carry boats placed under davits in accord- 
 ance with the Table. 
 
 (5) Masters or owners of ships of this class claiming to carry fewer 
 boats under davits than are given in the Table must declare before the 
 collector or other officer of Customs that the boats actually placed under 
 davits are sufficient to accommodate all persons on board, allowing 10 
 (ten) cubic feet of boat capacity for each adult person, or " statute 
 adult." 
 
 (c) Not less than half the number of boats placed under davits shall be 
 boats of Section (A), or Section (B). The remaining boats may also be of 
 such description, or may, in the option of the shipowner, conform to 
 Section (C), or Section (D), provided that not more than two boats shall 
 be of Section (D). 
 
 {d) If the boats placed under davits in accordance with this require- 
 ment do not furnish sufficient accommodation for all persons on board, 
 then additional wood, metal, collapsible, or other boats of approved de- 
 scription (whether placed under davits or otherwise), or approved life- 
 rafts, or approved buoyant deck seats, or other approved buoyant deck 
 fittings, shall be carried of at least suc"h cubical capacity that they and the 
 boats required to be placed under davits by the Table provide together 
 in the aggregate one-half more than the minimum cubic contents pro- 
 vided by Column 3 of that Table. For this purpose 3 cubic feet of air 
 case in the life-raft is to be estimated as 10 cubic feet of internal capacity. 
 Provided always that the rafts will accommodate all the persons for which 
 they are to be certified under the rules, and also have 3 cubic feet of air 
 case for each person. 
 
 (e) Ships of this class shall carry not less than six approved life- 
 buoys. 
 
 (/) They shall also carry, in addition to the boats and appliances re- 
 quired above, approved life-belts or other similar approved articles of 
 equal buoyancy suitable for being worn on the person, so that there may 
 be at least one for each person on board the ship. 
 
 (g) Provided nevertheless, that no ship of this class shall be required to 
 carry more boats, rafts, and other buoyant deck fittings than will furnish 
 sufficient accommodation for all persons on board. 
 
RULES BY BOARD OF TRADE. 191 
 
 Division (A)— Class 4. 
 
 ltles for foreign-going steamships not certified to carry 
 Passengers. 
 
 (a) Ships of this class shall carry, on each side, at least so many and 
 
 h boats of wood or metal placed under davits (of which one on one side 
 
 11 be a boat of Section (A), or Section (B), and on the other side shall 
 
 a. boat of Section (A), or Section (B), or Section (C) ) that the boats on 
 
 h side of the ship shall be sufficient to accommodate all persons on 
 
 rd. 
 
 (J) They shall carry approved life-belts, so that there may be one for 
 
 h person carried on board the ship. 
 
 (c) They shall carry not less than six approved life-buoys. 
 
 In the case of small steamships a discretion may be exercised by the 
 
 ird of Trade to modify the requirements as to boats. 
 
 Division (B)— Class 1. 
 
 lbs for Sailing Ships carrying Emigrant Passengers subject 
 to all the provisions of the merchant shipping act. 
 
 (a) Ships of Division (B), Class 1, shall carry boats in accordance with 
 Table, and such boats shall be as far as practicable placed under 
 its, with proper appliances for getting them into the water. All boats 
 placed under davits are to be so carried that they can be readily got 
 > the water. 
 
 (6) Not less than half the number of boats placed under davits, having 
 east half the cubic capacity required by the Tables, shall be boats of 
 tion (A), or Section (B). The remaining boats may also be of such 
 sription, or may, in the option of the shipowner, conform to Section 
 or Section (D), provided that not more than two boats shall be of 
 tion (D). 
 
 [0) If the boats placed under davits in accordance with the Table do 
 furnish sufficient accommodation for all persons on board, then 
 itional wood, metal, collapsible, or other boats of approved description 
 ether placed under davits or otherwise), or approved life-rafts shall be 
 •ied. One of these boats may be a steam launch ; but in that case the 
 3e occupied by the engines and boilers is not to be included in the 
 mated cubic capacity of the boat. 
 
 Subject to the provisions contained in paragraph (e) of these rules, such 
 itional boats or rafts shall be of at least such carrying capacity that 
 1 and the boats required to be placed under davits by the Table, 
 dde together in the aggregate three-fourths more than the minimum 
 ic contents required by Column 3 of that Table. For this purpose 
 bic feet of air case in the life-raft is to be estimated as 10 cubic feet 
 iternal capacity. Provided always that the rafts will accommodate all 
 persons for which they are to be certified under the rules, and also 
 ; 3 cubic feet of air case for each person. 
 
 Ul such additional boats or rafts shall be placed as conveniently for 
 g available as the ship's arrangements admit of, having regard to the 
 dance of undue encumbrance of the ship's deck and to the safety of 
 ship for her voyage. 
 
 d) In addition to the life-saving appliances before mentioned, ships of 
 class shall carry not less than one approved life-buoy for every boat 
 ired by the rules to be placed under davits. They shall also carry 
 
IQ 2 APPENDIX VIII. 
 
 approved life-belts or other similar approved articles of equal buoya 
 suitable for being worn on the person, so that there may be at least 
 for each person on board the ship. 
 
 (e) Provided nevertheless that no ship of this class shall be requirei 
 carry more boats or rafts than will furnish sufficient accommodation 
 all persons on board. 
 
 Division (B)— Class 2. 
 
 Rules foe Foreign-going Sailing Ships caeeying Passengees, ] 
 not subject to all the provisions op the merchant shipp 
 Act. 
 
 Ships of this class shall be subject to the same requirements as thos 
 Division (B), Class 1. 
 
 Division (B)— Class 3. 
 
 Rules for Foreign-going Sailing Ships not caeeying 
 Passengers. 
 
 (a) Ships of this class shall carry a boat or boats of Sections (A) or 
 sufficient for all the persons on board, and in addition thereto one g 
 serviceable boat of Section (D). Such boats shall as far as practice 
 having due regard to their safety at sea, be placed under davits, \ 
 proper appliances for getting them quickly into the water ; all boats 
 placed under davits are to be so carried that they can readily be got : 
 the water to the satisfaction of the Board of Trade officer. 
 
 (6) They shall carry approved life-belts as required for ships in Divi 
 (B), Class 1, and also one life-buoy for each boat of wood or metal. 
 
 In the case of smallvessels a discretion may be exercised by the B< 
 of Trade to modify the boat requirements. 
 
 Division (B) — Class 4. 
 
 Sailing Ships carrying Passengers anywhere within the He 
 Trade Limits. 
 
 (a) Ships of this class shall carry a boat or boats of Sections (A) 
 (B) or (C) sufficient for all the persons on board. Such boats shall b 
 far as practicable under davits ; all boats not placed under davits are t 
 so carried that they can readily be got into the water to the satisfac 
 of the Board of Trade officer. 
 
 (6) They shall carry four life-buoys and a life-belt or other sin 
 approved article for each person on board. 
 
 Division (C)— Class 1. 
 
 Rules for Steamships not certified to carry Passengei 
 plying anywhere within the Home-Teade Limits. 
 
 (a) Ships of this class shall carry, on each side, at least so many 
 such boats of wood or metal placed under davits (of which one on 
 side shall be a boat of Section (A), or of Section (B), or of Section 
 that the boats on each side of the ship shall be sufficient to accommc 
 all persons on board. They shall have proper appliances for gettin ; 
 boats into the water. 
 
RUjlks by board of trade. 193 
 
 (J) They shall also carry approved life-belts, so that there may be at 
 least one for each person carried on board the ship. 
 
 (0) They shall also carry not less than four approved life-buoys. 
 
 Division (C)— Class 2. 
 
 Rules for Sailing Ships in the same Trades not carrying 
 Passengers. 
 
 (a) Ships of this class shall carry a boat or boats of wood or metal, at 
 least sufficient for all persons on board, and in such a position as to be 
 readily got into the water. Each boat shall be provided with one gallon 
 of vegetable or animal oil, and a vessel of an approved pattern for dis- 
 tributing it in the water in rough weather. 
 
 (6) Ships of this class shall also carry an approved life-belt for each 
 person on board. 
 
 (0) They shall also carry at least two approved life-buoys. 
 
 Division (D)— Class 1. 
 
 Rules for Steamships having Passenger Certificates author- 
 ising THEM TO CARRY PASSENGERS WITHIN CERTAIN SPECIFIED 
 
 Limits of the Home Trade ; that is to say, on short 
 specified Passages along the Coasts of the United King- 
 dom, or between Great Britain and Ireland, or between 
 Great Britain or Ireland and the Isle of Man. 
 
 (a) Ships of this class shall, according to their tonnage, carry boats 
 placed under davits, as required by the Table. 
 
 (b) Masters or owners of ships of this class claiming to carry fewer 
 boats under davits than are given in the Table must declare before the 
 collector or other officer of Customs that the boats actually placed under 
 davits are sufficient to accommodate all persons on board, allowing 10 
 (ten) cubic feet of boat capacity for each adult person, or " statute adult." 
 Not less than half the number of boats placed under davits having at 
 least half the cubic capacity required by the Tables, shall be boats of 
 Section (A) or Section (B). The remaining boats may also be of such 
 description, or may, in the option of the shipowners, conform to Section 
 (C) or Section (D), provided that not more than two boats shall be of 
 Section (D). 
 
 (c) If the boats placed under davits in accordance with the above 
 requirements do not furnish sufficient accommodation for all persons on 
 board, then additional wood, metal, collapsible, or other boats of approved 
 description (whether placed under davits or otherwise), or approved life- 
 rafts, or approved buoyant deck seats, or other approved buoyant deck 
 fittings, shall be carried of at least such cubical capacity that they and 
 the boats required to be placed under davits by the Table provide together 
 in the aggregate one half more than the minimum cubic contents provided 
 by Column 3 of the Table. For this purpose 3 cubic feet of air case in the 
 life-raft is to be estimated as 10 cubic feet of internal capacity ; provided 
 always that the rafts will accommodate the persons for which they are 
 certified under the rules, and also have 3 cubic feet of air case for each 
 person. 
 
 (d) Ships of this class shall also carry approved life-belts or other 
 similar approved articles of equal buoyancy suitable for being worn on the 
 person, so that there may be at least one for each person on board the 
 ship. 
 
 N 
 
194 APPENDIX VIII. 
 
 (e) At least one approved life-buoy shall also be provided for each boat 
 of wood or metal carried by the ship, but in no case shall less than six 
 approved life-buoys be provided. 
 
 (/) Provided nevertheless, that no ship of this class shall be required 
 to carry more boats, rafts, and other buoyant deck fittings than will 
 furnish sufficient accommodation for all persons on board. 
 
 Division (D)— Class 2. 
 
 Steamships carrying passengers in estuaries or mouths of rivers, or on 
 short excursions or pleasure trips to sea : — 
 
 (a) Ships of this class shall carry at least two boats of Section (A), or 
 Section (B), or Section (C), placed under davits, and with proper appliances 
 for getting them into the water. 
 
 (6) They shall also carry other boats, approved buoyant apparatus, and 
 (or) approved life-belts sufficient (with the boats required by paragraph (a) ) 
 to keep afloat all the persons on board the ship. 
 
 (e) At least four approved life-buoys shall be carried. 
 
 Division (D)— Class 3. 
 
 Steamships not certified to carry passengers, and employed solely in 
 the coasting trade : — 
 
 (a) Ships of this class shall carry one boat of Sections (A), (B), or (C), 
 so fitted that it can be readily put out on either side of the ship, and 
 amply sufficient to carry all the persons on board. 
 
 (b) They shall carry two approved life-buoys. 
 
 (c) They shall carry life-belts, so that there may be one for each person 
 on board the ship. 
 
 Division (D)— Class 4. 
 
 Sailing ships not carrying passengers, and employed solely in the 
 coasting trade : — 
 
 (a) Ships of this class shall carry one boat so fitted that it can be 
 readily put out on either side of the ship, and amply sufficient to carry all 
 the persons on board. 
 
 (6) They shall carry two approved life-buoys. 
 
 (c) They shall carry life-belts, so that there may be one for each person 
 on board the ship. 
 
 Division (D)— Class 5. 
 
 Steam fish carriers, tug-boats, and steam lighters which proceed to 
 sea : — 
 
 (a) Ships of this class shall carry one boat of Sections (A), (B), or (C), 
 so fitted that it can be readily put out on either side of the ship, and 
 amply sufficient to carryall the persons on board. 
 
 (b) They shall carry two approved life-buoys. 
 
 (c) They shall carry life-belts, so that there may be one for each person 
 on board the ship. 
 
 Division (D) — Class 6. 
 
 Steam launches proceeding for short distances to sea: — 
 (a) Steam launches are themselves little more than boats, and therefore 
 shall not be required to carry boats. 
 
RULES BY BOARD OF TRADE. 1 95 
 
 (b) They shall carry two approved life-buoys. 
 
 (c) They shall carry life-belts, so that there may be one for each person 
 on board. 
 
 Division (E)— Class i. 
 
 Rules foe Steamships carrying Passengers on Rivers, Lakes, 
 or Land-Locked Inland Waters, but not going to Sea or 
 into Rough Waters. 
 
 (a) Ships of this class shall carry one boat in such a position that it 
 can readily be got into the water. They shall also carry approved 
 buoyant apparatus or approved life-belts and approved life-buoys at least 
 sufficient, together with the boat, to keep afloat all persons carried on 
 board. 
 
 (6) At least four approved life-buoys shall be carried. 
 
 Note. — A discretion may be exercised by the Board of Trade to 
 relieve steam launches, steamers plying in narrow waters, and ferry 
 boats, from the operation of the whole or part of Rule (a) of this 
 Class. 
 
 Division (E)— Class 2. 
 
 Tug-boats and steam lighters which do not proceed to sea : — 
 
 (a) These vessels shall carry one boat of any Section sufficient to carry 
 all the persons on board. 
 
 (6) They shall carry two approved life-buoys. 
 
 (c) They shall carry approved life-belts, so that there may be one for 
 each person on board. 
 
 Division (E)— Class 3. 
 
 Hulks, dredgers, steam hoppers, &c. 
 
 If these vessels do not proceed to sea from one port to another they 
 shall carry the same boats and appliances as provided for in Class 2. 
 
 If they proceed to sea from one port to another they shall carry in 
 addition one boat of Sections (A), (B), or (C), sufficient to carry all the 
 persons on board, and with proper appliances to enable it to be put out 
 readily on either side of the ship. 
 
 General Rules. 
 
 (1.) Boats. — All boats shall be constructed and properly equipped as 
 provided by these Rules, and all boats and other life-saving appliances 
 are to be kept ready for use to the satisfaction of the Board of Trade. 
 Internal buoyancy apparatus may be constructed of wood, or of copper or 
 yellow metal of not less than 18 ozs. to the superficial foot, or of other 
 durable material. 
 
 Section (A). — A boat of this section shall be a life-boat, of whale-boat 
 form, properly constructed of wood or metal, having for every 
 10 cubic feet of her capacity computed as in Rule (2), at least 
 1 cubic foot of strong and serviceable inclosed air-tight compart- 
 ments, so constructed that water cannot find its way into them. 
 In the case of metal boats an addition will have to be made to 
 
196 APPENDIX VIII. 
 
 the cubic capacity of the air-tight compartments, so as to give 
 them buoyancy equal to that of the wooden boat. 
 Section (B). — A boat of this section shall be a life-boat, of whale-boat 
 form, properly constructed of wood or metal, having inside and 
 outside buoyancy apparatus together equal in efficiency to the 
 buoyancy apparatus provided for a boat of Section (A). At 
 least one-half of the buoyancy apparatus must be attached to the 
 outside of the boat. 
 Section (C). — A boat of this section shall be a life-boat, properly con- 
 structed of wood or metal, having some buoyancy apparatus 
 attached to the inside and (or) outside of the boat equal in 
 efficiency to one-half of the buoyancy apparatus provided for a 
 boat of Section (A) or Section (B). At least one-half of the 
 buoyancy apparatus must be attached to the outside of the 
 boat. 
 Section (D). — A boat of this section shall be a properly constructed 
 
 boat of wood or metal. 
 Section (E). — A boat of this section shall be a boat of approved con- 
 struction, form, and material, and may be collapsible. 
 (2.) Cubic Capacity. — The cubic capacity of a boat shall be deemed 
 to be her cubic capacity, ascertained (as in measuring ships for tonnage 
 capacity) by Stirling's rule ; but as the application of that rule entails 
 much labour, the following simple plan, which is approximately accurate, 
 may be adopted for general purposes, and when no question requiring 
 absolute correct adjustment is raised : — 
 
 Measure the length and breadth outside and the depth inside. Multiply 
 them together by -6 ; the product is the capacity of the boat in 
 cubic feet. Thus a boat 28 ft. long, 8 ft. 6 in. broad, and 3 ft. 
 6 in. deep, will be regarded as having a capacity of 28 x 8'5 x 3^5 
 x •6 = 499/8, or 500 cubic feet. If the oars are pulled in row- 
 locks, the bottom of the rowlock is to be considered the gunwale 
 of the boat for ascertaining her depth. 
 (3.) Number of Persons for Boats. — The number of persons a boat 
 of Section (A) shall be deemed fit to carry shall be the number of cubic 
 feet ascertained as in Rule (2) divided by 10. 
 
 The number of persons a boat of Section (B), Section (C), Section (D), 
 or Section (E) shall be deemed fit to carry shall be the number of cubic 
 feet ascertained as in Rule (2) divided by 8. The space in the boat shall 
 be sufficient for the seating of the persons carried in it, and for the proper 
 use of the oars. 
 
 (4.) Appliances for Lowering Boats.— Appliances for getting a 
 boat into the water must fulfil the following conditions : — Means are to be 
 provided for speedily, but not necessarily simultaneously or automatically, 
 detaching the boats from the lower blocks of the davit tackles ; the boats 
 placed under davits are to be attached to the davit tackles and kept ready 
 for service ; the davits are to be strong enough and so spaced that the 
 boats can be swung out with facility ; the points of attachment of the 
 boats to the davits are to be sufficiently away from the ends of the boats 
 to ensure their being easily swung clear of the davits ; the boats' chocks 
 are to be such as can be expeditiously removed ; the davits, falls, blocks, 
 eyebolts, rings, and the whole of the tackling are to be of sufficient 
 strength ; the boats' falls are to be long enough to lower the boat into the 
 water with safety when the vessel is light. The life-lines shall be fitted 
 to the davits and be long enough to reach the water when the vessel is 
 light ; and hooks are not to be attached to the lower tackle blocks. 
 
RULES BY BOARD OF TRADE. 1 97 
 
 (5.) Equipments fob Collapsible ok other Boats and fob 
 Life-Rafts. — In order to be properlv equipped, each boat shall be pro- 
 vided as follows : — 
 
 (a) With the full single-banked complement of oars, and two spare oars. 
 
 (b) With two plugs for each plug-hole, attached with lanyards or chains 
 
 and one set and a half of thole pins or crutches, attached to the 
 boat by sound lanyards. 
 
 (c) With a sea-anchor, a baler, a rudder and a tiller, or yoke and yoke 
 
 lines, a painter of sufficient length, and a boat-hook. The rudder 
 and baler to be attached to the boat by sufficiently long lanyards, 
 and kept ready for use. In boats where there may be a difficulty 
 in fitting a rudder a steering oar may be provided instead. 
 
 (d) A vessel to be kept filled with fresh water shall be provided for 
 
 each boat. 
 
 (c) Life-rafts shall be fully provided with a suitable approved equip- 
 
 ment. 
 (6.) Additional Equipments fob Boats of Section (A) and 
 Section (B). — In order to be properly equipped, each boat of Sections (A) 
 and (B), in addition to being provided with all the requisites laid down in 
 Rule (S)> shall be equipped as follows, but not more than four boats in any 
 one ship require to have this outfit, and where boats of Sections (A) or (B) 
 are carried in lieu of boats of Sections (C) or (D), this additional outfit 
 need not be insisted on : — 
 
 (a) With two hatchets or tomahawks, one to be kept in each end of the 
 
 boat, and to be attached to the boat by a lanyard. 
 (6) With a mast or masts, and with at least one good sail, and proper 
 
 gear for each. 
 (0) With a line becketed round the outside of the boat and securely 
 made fast. 
 
 (d) With an efficient compass. 
 
 (e) With one gallon of vegetable or animal oil, and a vessel of an ap- 
 
 proved pattern for distributing it in the water in rough weather. 
 
 (/) With a lantern trimmed, with oil in its receiver sufficient to burn 
 eight hours. 
 
 (7.) Numbbb of Pebsons foe Life-Rafts. — The number of persons 
 that any approved life-raft for use at sea shall be deemed to be capable of 
 carrying shall be determined with reference to each separate pattern 
 approved by the Board of Trade ; provided always, that for every person 
 so carried there shall be at least 3 cubic feet of strong and serviceable 
 inclosed air-tight compartments, constructed so that water cannot find its 
 way into them. Any approved life-raft of other construction may be used, 
 provided that it has equivalent buoyancy to that hereinbefore described. 
 Every such approved life-raft shall be marked in such a way as plainly to 
 indicate the number of adult persons it can carry. 
 
 (8.) Buoyant Appabatus. — Approved buoyant apparatus shall be 
 deemed sufficient, so far as buoyancy is concerned, for a number of per- 
 sons, to be ascertained by dividing the number of pounds of iron which it 
 is capable of supporting in fresh water by 32. Such buoyant apparatus 
 shall not require to be iuflated before use, shall be of approved construc- 
 tion, and marked in such a way as plainly to indicate the number of 
 persons for whom it is sufficient. 
 
 (9.) Life-Belts. — An approved life-belt shall mean a belt which does 
 not require to be inflated before use, and which is capable at least of 
 floating in the water for 24 hours with 15 lbs. of iron suspended from it. 
 Life-belts are to be cut out 2 inches under the arm-pits, and fitted so as to 
 remain securely in their place when put on. 
 
198 APPENDIX VIII. 
 
 (10.) Life-Buoys. — An approved life-buoy shall mean either — 
 
 (a) A life-buoy built of solid cork, capable of floating in the water for at 
 
 least 24 hours with 32 lbs. of iron suspended from it ; or 
 (6) A strong life-buoy of any other approved pattern or material, pro- 
 vided that it is capable of floating in the water for at least 24 
 hours with 32 lbs. of iron suspended from it, and provided also 
 that it is not stuffed with rushes, cork shavings, or other shav- 
 ings, or loose granulated cork, or other loose material, and does 
 not require inflation before use. 
 All life-buoys shall be fitted with beckets securely seized, and not less 
 than two of them shall be fitted with life-lines 1 5 fathoms in length. 
 
 (11.) Position of Life-Buoys and Life-Belts.— All life-buoys and 
 life-belts shall be so placed as to be readily accessible to all persons on 
 board, and so that their position may be known to those for whom they 
 are intended. 
 
 (12.) Water-tight Compartments. — When ships of any class are 
 divided into efficient water-tight compartments to the satisfaction of the 
 Board of Trade, they shall only be required to carry additional boats, 
 rafts, and buoyant apparatus of one-half of the capacity required by these 
 rules, but the exemption shall not extend to life-jackets or similar approved 
 articles of equal buoyancy suitable to be worn on the person. 
 
 In the case of vessels under 200 tons gross tonnage "the capacity of any 
 boat to be supplied should not be less than 125 cubic feet. If, however, 
 in any case this rule be found to be impracticable, a discretion may then 
 be exercised by the Board of Trade. 
 
 In cases where a small vessel is unable to carry more than one boat, a 
 discretion may be exercised by the Board of Trade, but whenever one boat 
 only is carried there must be proper provision to enable it to be placed 
 readily in the water on either side of the ship. 
 
RULES BY BOARD OF TRADE. 
 
 199 
 
 The Table referred to in the foregoing Rules, showing the 
 Minimum Number of Boats to be placed under Davits and 
 their Minimum Cubic Contents. 
 
 Gross Tonnage. 
 
 Minimum 
 
 Number of Boats 
 
 to be placed 
 
 Total Minimum Cubic 
 
 Contents of Boats 
 
 to be placed under 
 
 Davits 
 
 1. 
 
 under Davits. 
 2. 
 
 L.XB.XD.X6. 
 
 3- 
 
 10,000 and upwards . 
 
 16 
 
 5,500 
 
 9,000 and upwards . 
 
 
 
 14 
 
 5. 2 50 
 
 8,500 and under 9,000 
 
 
 
 H 
 
 5,100 
 
 8,000 „ 8,500 
 
 
 
 14 
 
 5.000 
 
 7,750 „ 8,000 
 
 
 
 12 
 
 4,7oo 
 
 7.5O0 „ 7,750 
 
 
 
 12 
 
 4,600 
 
 7,250 „ 7,500 
 
 
 
 12 
 
 4,500 
 
 7,000 ,, 7,250 
 
 
 
 12 
 
 4.400 
 
 6,750 „ 7,000 
 
 
 
 12 
 
 4,300 
 
 6,500 „ 6,750 
 
 
 
 12 
 
 4,200 
 
 6,250 ,, 6,500 
 
 
 
 12 
 
 4,100 
 
 6,000 „ 6,250 
 
 
 
 12 
 
 4,000 
 
 5,750 „ 6,000 
 
 
 
 IO 
 
 3,7oo 
 
 5,500 „ 5,750 
 
 
 
 IO 
 
 3,600 
 
 5,250 „ 5,500 
 
 
 
 IO 
 
 3,5oo 
 
 5,000 „ 5,250 
 
 
 
 IO 
 
 3,400 
 
 4,750 „ 5,000 
 
 
 
 IO 
 
 3.300 
 
 4.5oo „ 4,750 
 
 
 
 8 
 
 2,900 
 
 4,250 „ 4,500 
 
 
 
 8 
 
 2,900 
 
 4,000 „ 4,250 
 
 
 
 8 
 
 2,800 
 
 3.75° » 4.ooo 
 
 
 
 8 
 
 2,700 
 
 3.5°° " 3.750 
 
 
 
 8 
 
 2,600 
 
 3. 2 5o „ 3,500 
 
 
 
 8 
 
 2,500 
 
 3,000 „ 3,250 
 
 
 
 8 
 
 2,400 
 
 2,750 „ 3,000 
 
 
 
 6 
 
 2,100 
 
 2,500 „ 2,750 
 
 
 
 6 
 
 2,050 
 
 2,250 „ 2,500 
 
 
 
 6 
 
 2,000 
 
 2,000 „ 2,250 
 
 
 
 6 
 
 1,900 
 
 1,750 „ 2,000 
 
 
 
 6 
 
 1,800 
 
 1,500 .. '.750 
 
 
 
 6 
 
 1,700 
 
 1,250 „ 1,500 
 
 
 
 6 
 
 1,500 
 
 1,000 „ 1,250 
 
 
 
 4 
 
 1,200 
 
 900 ,, 1,000 
 
 
 
 4 
 
 i, 000 
 
 800 „ 900 
 
 
 
 4 
 
 900 
 
 700 ,, 800 
 
 
 
 4 
 
 800 
 
 600 „ 700 
 
 
 
 3 
 
 700 
 
 500 „ 600 
 
 
 
 3 
 
 6ro 
 
 400 „ 500 
 
 
 
 2 
 
 400 
 
 300 „ 400 
 
 
 
 2 
 
 350 
 
 200 ,, 300 
 
 
 
 2 
 
 300 
 
 100 „ 200 
 
 
 2 
 
 250 
 
 Note.— Where in ships already fitted the required cubic contents of boats placed 
 under davits is provided, although by a smaller number of boats than the minimum 
 required by this Table, such ships shall be regarded as complying with the rules as to 
 boats to be carried under davits. 
 
( 200 ) 
 
 APPENDIX IX. 
 
 LOAD-LINE REGULATIONS MADE BY THE BOARD OF TRADE 
 
 UNDER THE MERCHANT SHIPPING ACT, 1894. 
 
 (Dated 12TH January, 1899.) 
 
 (57 & 58 Vict. c. 60.) 
 
 Merchant Shipping, Prevention of Accidents, Load-Line. 
 
 1, The circular disc prescribed by section 438 of the Merchant Shipping 
 Act, 1894, shall be 12 inches in diameter with a horizontal line 18 inches 
 in length and drawn through its centre. The disc shall be marked amid- 
 ships on each side of the ship, the position of its centre being placed at 
 such level as is specified in the Board of Trade certificate of approval. 
 
 2. The lines to be used in connection with the disc in order to indicate 
 the maximum load-line under different circumstances and at different 
 seasons shall be horizontal lines, 9 inches in length and 1 inch in thick- 
 ness, extending from and at right angles to a vertical line marked 21 
 inches forward of the centre of the disc. 
 
 The maximum load-lines in fresh water shall be marked abaft such 
 vertical line, and the maximum load-lines in salt water shall be marked 
 forward of such vertical line, as shown in the diagrams hereinafter 
 mentioned. 
 
 3. Such maximum load-lines shall be as follows, and the upper edge of 
 such lines shall respectively indicate : — 
 
 For fresh water. — The maximum depth to which the vessel can be 
 loaded in fresh water. 
 
 For Indian summer. — The maximum depth to which the vessel can be 
 loaded for voyages during the fine season in the Indian seas, 
 between the limits of Suez and Singapore. 
 
 For summer. — The maximum depth to which the vessel can be loaded 
 for voyages (other than Indian summer voyages) from European 
 and Mediterranean ports between the months of April and Sep- 
 tember, both inclusive, and as to voyages in other parts of the 
 world (other than Indian summer voyages) the maximum depth 
 to which the vessel can be loaded during the corresponding or 
 recognised summer months. 
 
 For winter. — The maximum depth to which the vessel can be loaded 
 for voyages (other than Indian summer voyages and summer 
 voyages) from European and Mediterranean ports between the 
 months of October and March, both inclusive, and as to voyages 
 in other parts of the world the maximum depth to which the 
 vessel can be loaded during the corresponding or recognised 
 winter months. 
 
 For winter (North Atlantic). — The maximum depth to which the 
 vessel can be loaded for voyages to, or from, the Mediterranean, 
 or any European port, from, or to, ports in British North 
 America, or Eastern ports in the United States, north of Cape 
 Hatteras, between the months of October and March, both in- 
 clusive. 
 Such maximum load-lines shall be distinguished by initial letters con- 
 
LOAD-LINE REGULATIONS. 
 
 20 1 
 
 spiouously marked opposite such horizontal lines as aforesaid, such initial 
 letters being as follows : — 
 
 F.W.— Freshwater. 
 
 I.S. — Indian summer. 
 
 S. — Summer. 
 
 W.— Winter. 
 
 W.N. A. —Winter, North Atlantic. 
 
 4. The upper edge of the horizontal line passing through the centre of 
 the disc shall always indicate the maximum summer load-line in salt 
 water. The relative positions of the upper edges of the other lines to be 
 used in connection with the disc, with the upper edge of the line passing 
 through the centre of the disc (the maximum summer load-line), will be 
 indicated in the certificate of approval. 
 
 5. Part V. of the Merchant Shipping Act, 1894, shall have effect as if 
 the maximum load-line applicable to a particular voyage were drawn 
 through the centre of the disc. 
 
 6. Steamships shall be marked on both sides with such of the hori- 
 zontal lines as aforesaid as are applicable to the nature of their employ- 
 ment, and sailing ships shall be marked on both sides with such of the 
 above-mentioned lines, in addition to the horizontal line passing through 
 the centre of the disc, as indicate the maximum load-line for fresh water 
 and for North Atlantic winter, but sailing ships engaged solely in the 
 coasting trade shall only be marked, in addition to the horizontal line 
 passing through the centre of the disc, with the line indicating the 
 maximum load-line in fresh water. 
 
 7. The said disc and the said maximum load-lines in connection there- 
 with shall be painted white or yellow on a dark ground, or black on a 
 light ground, and the position of the disc and of each of the lines shall in 
 the case of iron and steel vessels be permanently marked by centre punch 
 marks, and shall in the case of wooden vessels be sunk for their breadths 
 into the planking a depth of not less than one quarter of an inch. 
 
 8. The position of the disc and the horizontal line passing through its 
 centre, as also the lines to be used in connection with the disc, are shown 
 in the following diagrams : — 
 
 e 
 
 1. Steamships. 
 Starboard Side. 
 
 FW < 
 
 IS 
 
 w 
 
 'WNA 
 
 Port Side. 
 
 a 
 
 ft 
 
 IS 
 
 W 
 
 WNA, 
 
 WW 
 
 FW 
 
 e 
 
202 
 
 e-' 
 
 APPEN 
 
 DIX IX. 
 
 
 Sailing Ships. 
 
 
 Starboard Side. 
 
 'oj 
 
 
 
 
 
 
 
 
 > 
 
 
 
 
 
 
 o 
 
 
 wsw. 
 
 "3 
 
 
 '/v/7 
 
 7 3 
 
 
 
 o 
 
 Port Side. 
 
 a 
 
 WNA 
 
 '-e 
 
 3. Sailing Ships engaged in the Coasting Trade. 
 Starboard Side. 
 
 o 
 
 a 
 
 Port Side. 
 
 
 The arrow (wm- 
 
 ->- ) points in the direction of the vessel's head. 
 
 9. Application for a certificate of approval of the position of the disc 
 and of the lines to be used in connection therewith or any alteration 
 thereof shall be made by one of the registered owners of the ship or by 
 the builder of the ship. Every application shall be made in the form 
 marked L.L. 1 in the schedule hereto. 
 
 10. With respect to certificates of approval, and their duration, the 
 following rules shall prevail : — 
 
 (a) As regards all ships classed in Lloyd's Register or by any other 
 corporation or association for the survey or registry of shipping 
 approved by the Board of Trade, the certificate of approval shall 
 cease to have effect when the class of the ship is changed or 
 
LOAD-LINE REGULATIONS. 203 
 
 withdrawn. Such certificate shall be in the form L.L. 2 or 
 L.L. 3 in the schedule hereto according as the ship is a steam- 
 ship or sailing ship. 
 
 (b) As regards unclassed iron and steel steamships the certificate of 
 
 approval will be granted for the period mentioned therein, and 
 upon the expiration of such period the certificate shall cease to 
 have effect. The certificate shall be in the form L.L. 2B. in the 
 schedule hereto. 
 
 (c) As regards unclassed wooden ships which have been opened out 
 
 for survey, and unclassed iron and steel sailing ships, the certi- 
 ficate will be granted for a fixed time varying with the age and 
 condition of the ship, and at the expiration of such period it 
 shall cease to have effect. Such certificate shall be in the form 
 L.L. 3A. in the schedule hereto. 
 
 (d) As regards unclassed wooden ships which have not been opened 
 
 out for survey, no limit of time will be imposed in the certi- 
 ficate, which shall be in the form L.L. 3B. in the schedule 
 hereto. 
 
 (e) As regards all vessels having deck erections in respect of which 
 
 deductions have been made for freeboard, if any change tending 
 
 to invalidate the right to such deductions is made in the 
 
 structural condition of the deck erections, the certificate of 
 
 approval shall thereby cease to have effect. 
 
 n. Every certificate of approval shall be issued in duplicate, one part 
 
 shall be delivered to the applicant, and the other part shall be forthwith 
 
 sent to the Assistant Secretary, Marine Department, Board of Trade. 
 
 12. On a certificate of approval ceasing to have effect, application 
 shall at once be made by the registered managing owner of the ship for 
 the granting of a new certificate of approval, and the old certificate shall 
 be delivered up to the Board of Trade, who shall cancel the same. In 
 default of a certificate, which has ceased to have effect, being handed in 
 for cancellation, it shall be competent for an officer of the Board of Trade 
 to notify any collector of customs that such certificate is no longer valid, 
 and for any collector on receiving such notice to refuse clearance to the 
 vessel in question. 
 
 1 3. The master of every British ship shall, before she leaves any dock, 
 wharf, port, or harbour in the United Kingdom, her Majesty's possessions, 
 or any foreign country, for the purpose of proceeding to sea, enter in the 
 official log all the particulars stated in the certificate so issued as afore- 
 said if not previously entered. 
 
 14. The managing owner or master shall forthwith, on the delivery to 
 him or his agent of any such certificate as aforesaid, cause the same to be 
 framed and put up in some conspicuous part of the ship so as to be 
 visible to all 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. 
 
 15. For the purpose of these regulations the expression " amidships " 
 shall mean the middle of the length of the load water line as measured 
 from the fore side of the stem to the aft side of the stern post. 
 
 Note. — The certificates set out in the schedule not being ordered to 
 be, in any case, applied for by the master, but by owners and builders, it 
 seems unnecessary to set them out here. But the references to them all 
 being given, a master may have some opportunity of checking his position 
 with regard to his possession of the right one for the time being, whilst 
 he also has the whole of his duty in this regard fully set out here. — 
 B. W. G. 
 
( 204 ) 
 
 APPENDIX X. 
 
 THE CARRIAGE OF CATTLE. 
 
 General Observations. — This subject may be looked at from several 
 points of view. In the first place the duty to the cargo-owner may 
 be regarded, and here it becomes material to see how the guarantee of 
 seaworthiness, always implied in the contract of affreightment, affects 
 the point. The ship must be suitable for her employment in view of the 
 special work she is about to undertake. There is thus a guarantee not 
 only that she shall be suitable in her fittings and equipment, but also that 
 she shall he free from infection. 
 
 Then there are duties to the passengers who may be carried in the vessel 
 along with the cattle. These have been noticed when we dealt with the 
 subject of the Passengers. And there are duties to the public in regard to 
 the humane treatment of the cattle whilst in transit, and in regard to the 
 avoidance of the importation of disease. Accordingly a body of statute 
 law has arisen on this point. It began with the Contagious Diseases 
 (Animals) Act, 1878, and has continued with numerous other Acts of 
 Parliament and with certain Orders in Council under them (the latter 
 having the force of statutes) till, in 1894 (the year when the Merchant 
 Shipping Act was consolidated), the law on this subject was also em- 
 bodied in a new Act of Parliament. This was entitled " The Diseases of 
 Animals Act, 1894." For the reason that the prevention of the introduc- 
 tion of disease amongst British cattle is one of the duties of the Board of 
 Agriculture, the powers given by this Act are vested in that body. It is 
 empowered to make regulations as to the admission of foreign animals. 
 This it does, and I set out the Order in Council which under this statute 
 now regulates the importation of foreign cattle into this country : — 
 
 ORDER OF THE BOARD OF AGRICULTURE. 
 
 (Dated 8th December 1896.) 
 
 FOREIGN ANIMALS ORDER OF 1896. 
 
 The Board of Agriculture, by virtue and in exercise of the powers in 
 them vested under the Diseases of Animals Acts, 1894 and 1896, and of 
 every other power enabling them in this behalf, do order, and it is hereby- 
 ordered, as follows : — 
 
 Chapter I. — Prohibition. 
 
 PROHIBITED COUNTRIES. 
 
 1. Unless and until the Board otherwise order, it shall not be lawful to 
 land any animal brought from any of the countries or parts of countries 
 mentioned in the First Schedule to this Order, which countries and parts 
 of countries are hereinafter referred to as scheduled countries. 
 
THE CARRIAGE OF CATTLE. 205 
 
 Chapter II.— Foreign Animals subject to Slaughter. 
 
 CONDITIONS OP LANDING. 
 
 2. — (i.) The landing of foreign animals at a Foreign Animals Wharf is 
 hereby made subject to the following conditions : 
 
 First. That the vessel in which they are imported has not, within 
 twenty-eight days before taking them on board, had on board 
 any animal exported or carried coastwise from a port or place in 
 any scheduled country. 
 Second. That the vessel has not within twenty-one days before taking 
 on board the animals imported or at any time since taking them 
 on board, entered or been in any port or place in any scheduled 
 country. 
 Third. That the animals imported have not, while on board the vessel, 
 been in contact with any animal exported or carried coastwise 
 from any port or place in any scheduled country. 
 (2.) Animals shall not be landed at a Foreign Animals Wharf unless 
 and until the master of the vessel in which they are imported has on the 
 occasion of such importation delivered to the Commissioners of Customs or 
 their proper officer, a declaration made and signed that all the animals 
 then imported therein are properly imported according to the provisions 
 of this Article. 
 
 CHARGE OP ANIMALS ON LANDING. 
 
 3. — (1.) Animals landed at a Foreign Animals Wharf shall, when landed, 
 be placed under the charge of an Inspector of the Board ; and, until his 
 arrival, they shall remain under the charge of the Commissioners of 
 Customs. 
 
 (2.) It shall not be lawful for any person to move any animals so long as 
 they remain under the charge of trie Commissioners of Customs or of an 
 Inspector of the Board except with the permission of the Commissioners 
 or of the Inspector, as the case may be. 
 
 DISPOSAL OP ANIMALS ON LANDING. 
 
 4. Animals when landed at a Foreign Animals Wharf shall be driven 
 by lairage-men to the nearest available reception-lair or lairs within the 
 limits of the Wharf, there to await the examination of an Inspector of the 
 Board, and, until so examined, shall not be allowed to come in contact 
 with any animals other than those forming part of the same cargo. 
 
 EXAMINATION OP ANIMALS. 
 
 5. — (1.) The animals shall be examined in a reception-lair by an In- 
 spector of the Board during daylight. 
 
 (2.) If on such examination all the animals are found free from disease, 
 the Inspector of the Board may permit the animals to be retained in such 
 lair, which shall thereupon cease to be a reception-lair, or he may permit 
 them to be moved out of such lair and into such other parts of the Foreign 
 Animals Wharf as the occupiers of the Wharf or their officers or the 
 Inspector of the Board shall direct or permit. 
 
 RESTRICTIONS ON ACCESS TO FOREIGN ANIMALS WHARF. 
 
 6. — (1.) Np person, except the Officers of Customs and lairage-men and 
 the Superintendent of the Foreign Animals Wharf and an Inspector of 
 
206 APPENDIX X. 
 
 the Board, and such other persons as may be specially authorised by an 
 Inspector of the Board, shall during the time of the landing of the animals 
 be admitted to the landing-stage, pier, quay, or other part of the Foreign 
 Animals Wharf at which the animals are landed, and no person except as 
 aforesaid shall at any time be admitted to any part of the Wharf which is 
 being used as a reception-lair. 
 
 (2.) The owner or occupier of a Foreign Animals Wharf shall give notice 
 of the provisions of this Article by placards, which shall be kept affixed 
 at or near the entrance of any landing-stage, pier, quay, reception-lair, or 
 other part of the Wharf to which access is for the time being restricted 
 by this Article. 
 
 DISINFECTION OF PERSONS LEAVING FOREIGN ANIMALS WHARF, &C. 
 
 7. All persons before leaving a landing-stage, pier, quay, reception-lair, 
 or other part of a Foreign Animals Wharf shall take such means for pre- 
 venting the spreading of disease by washing and disinfecting themselves, 
 and by changing or disinfecting their clothes, or otherwise, as an Inspector 
 of the Board may direct or require. 
 
 PROVISION OF OVERALL CLOTHES. 
 
 8. The owner or occupier of a Foreign Animals Wharf shall at all times 
 provide to the satisfaction of the Board proper and suitable suits of 
 overall clothes for the use of lairage-men and other persons entering the 
 Wharf, to be worn at such times as an Inspector of the Board may direct. 
 
 REGULATIONS IN CASE OF DETECTION OF DISEASE IN FOREIGN 
 ANIMALS WHARF. 
 
 9. If it appears to an Inspector of the Board that disease exists or has 
 lately existed in a reception-lair, or in any particular building, slaughter- 
 house, or other part of a Foreign Animals Wharf, all the animals that are 
 then within such reception-lair, building, slaughter-house, or other part 
 of a Foreign Animals Wharf shall be there detained by the Inspector of 
 the Board or shall be moved to such other part of the Foreign Animals 
 Wharf as he shall direct or permit, and the same shall be dealt with in 
 accordance with instructions given by the Inspector of the Board. 
 
 FOOD AND WATER. 
 
 I0 . — (1.) Animals landed at a Foreign Animals Wharf shall, until they 
 are taken charge of by the owners or consignees, be supplied by the 
 occupiers of the Wharf or the person in charge thereof with a proper and 
 sufficient supply of food and water, and the expenses incurred by them in 
 respect thereof shall be defrayed by the owners or consignees of the 
 animals, and may be recovered by such occupiers or person from the 
 owners or consignees in any court of competent jurisdiction. 
 
 (2.) The animals shall, after they have been taken charge of by the 
 owners or consignees, be supplied by the owners or consignees with a 
 proper and sufficient supply of food and water. 
 
 (3.) The food supplied to suckling-calves in accordance with this Article 
 shall be gruel or milk, or other proper food. 
 
 (4.) If an animal remains without a proper and sufficient supply of food 
 or water in contravention of the provisions of this Article, the occupiers of 
 the Foreign Animals Wharf, and the owner and the consignee and the 
 person in charge of the animal, shall, each according to and in respect of 
 
THE CARRIAGE OF CATTLE. 207 
 
 his own acts or omissions, be deemed guilty of an offence against the Act 
 of 1894 ; and it shall lie on the person liable to supply food and water to 
 the animal when charged to prove the proper and sufficient supply of food 
 or water or both and the time when the same was so supplied. 
 
 TIME FOB SLAUGHTER. 
 
 1 1. — (i.) Animals landed at a Foreign Animals Wharf shall be slaughtered 
 within ten days after the landing thereof, exclusive of the day of landing. 
 
 (2.) The slaughter of the animals may be commenced at any time after 
 the landing thereof with the permission of an Inspector of the Board. 
 
 (3.) The slaughter of the animals shall be commenced at such time 
 after the landing thereof as an Inspector of the Board in any case may 
 direct, and when commenced shall be completed as soon as practicable. 
 
 MOVEMENT OP CARCASES, MANURE, &C. 
 
 12. — (1.) No carcase, offal, fodder, litter, dung or manure shall be re- 
 moved from a Foreign Animals Wharf, except with the permission of an 
 Inspector of the Board. 
 
 (2.) All dung and manure shall, before being so removed, be disinfected 
 to the satisfaction of an Inspector of the Board. 
 
 (3.) If an Inspector of the Board is of opinion that any such carcase or 
 thing as aforesaid may introduce disease, the same shall be destroyed 
 or otherwise dealt with in accordance with instructions given by the 
 Board. 
 
 REMOVAL OF FITTINGS, &C., FROM FOREIGN ANIMALS WHARF. 
 
 13. — (1.) Fittings, pens, hurdles, or utensils that have been used for or 
 about animals and have been landed from a vessel at a Foreign Animals 
 Wharf, shall not be removed from such Wharf until they have been cleansed 
 and disinfected in manner provided by paragraph (v.) of Article 20 of this 
 Order, and except with the permission of an Inspector of the Board. 
 
 (2.) If the Inspector of the Board is of opinion that any such thing as 
 aforesaid may introduce disease, the same shall be destroyed or otherwise 
 dealt with in accordance with instructions given by the Board. 
 
 DISINFECTION OF FOREIGN ANIMALS WHARF. 
 
 14. An Inspector of the Board may give notice in writing to the owner, 
 or occupier, or Superintendent of a Foreign Animals Wharf requiring the 
 cleansing and disinfection of any portion of the Wharf by such owner or 
 occupier, and when such notice shall have been given, that portion of the 
 Wharf shall not be used for animals unless and until it has been cleansed 
 and disinfected to the satisfaction of an Inspector of the Board. 
 
 RESTRICTION ON USE OF FOREIGN ANIMALS WHARF. 
 
 15. — (1.) No animals other than foreign animals shall be at anytime 
 landed at or moved into or kept in a Foreign Animals Wharf. 
 
 (2.) Any animal being in a Foreign Animals Wharf shall, without preju- 
 dice to the recovery of any penalty for the infringement of this Article, be 
 deemed to be a foreign animal, and the provisions of this Order relating 
 to the Wharf shall apply to such animal. 
 
 (3. ) A Foreign Animals Wharf shall not be used for any purpose other 
 than those authorised by the Diseases of Animals Acts, 1894 and 1896, or 
 any Order of the Board under the said Acts in relation thereto. 
 
208 APPENDIX X. 
 
 Chapter III.— Landing, Disinfection, and Disposal op Dung, 
 Fodder, Litter, Fittings, and other Things. 
 
 landing subject to customs regulations. 
 
 16. All dung of foreign animals, and all fodder, litter, fittings, pens, 
 hurdles, or utensils used for or about foreign animals, and all other dung', 
 fodder, or litter brought in the same vessel with foreign animals, shall, if 
 landed, be landed in such manner, at such times, at such places, and sub- 
 ject to such supervision and control, as the Commissioners of Customs 
 direct. 
 
 regulations as to landing op dung, fodder, &c, op foreign 
 animals. 
 
 17. — (1.) Dung of foreign animals, and partly consumed or broken fod- 
 der that has been supplied to such animals, and litter that has been used 
 for or about such animals, shall not be landed at any place without the 
 previous consent in writing of the Local Authority of the District in 
 which the place is situate. 
 
 (2.) All other fodder and litter brought in the same vessel with foreign 
 animals may be landed without the previous consent of the Local 
 Authority, but shall, when landed, remain under the charge of an officer 
 of Customs, and such fodder and litter shall not be removed from the 
 place of landing except with the permission in writing of an officer of 
 Customs. 
 
 (3.) Fittings, pens, hurdles, or utensils used for or about foreign 
 animals shall not be landed at any place without the previous consent in 
 writing of the Local Authority of the District in which the place is situate 
 unless they have been cleansed and disinfected in manner provided by 
 paragraph (v.) of Article 20 of this Order previous to the landing thereof. 
 If landed with such consent without having been so previously cleansed 
 and disinfected they shall be forthwith cleansed and disinfected in the 
 manner aforesaid by and at the expense of the owner, and shall not be 
 removed or permitted to come in contact with any animals until so 
 cleansed and disinfected. 
 
 (4.) Nothing in this Article shall apply to any such dung, fodder, 
 litter, fittings, pens, hurdles, or utensils landed at a Foreign Animals 
 Wharf. 
 
 DISINFECTION OF DUNG, FODDER, &C, OP FOREIGN ANIMALS. 
 
 18. — (1.) All dung of foreign animals, and all partly consumed or 
 broken fodder that has been supplied to such animals, and all litter that 
 has been used for or about such animals, shall, when landed, be forthwith 
 well mixed with quicklime and be effectually removed from contact with 
 animals. 
 
 (2.) Nothing in this Article shall apply to any such dung, fodder, or 
 litter landed at a Foreign Animals Wharf. 
 
 APPLICATION OP THIS CHAPTER. 
 
 19. This Chapter shall not apply in relation to foreign animals that 
 have not been and are not intended to be landed at a Foreign Animals 
 Wharf. 
 
THE CARRIAGE OF CATTLE. 2O0. 
 
 Chapter IV.— Disinfection of Vessels, Moveable Gangways, 
 
 AND OTHER APPARATUS USED FOR FOREIGN ANIMALS, 
 VESSELS. 
 
 20.— ( i . ) Each compartment of a vessel shall, after the landing of foreign 
 animals therefrom, and before any animal or cargo is placed in that com- 
 partment, be cleansed and disinfected as follows : 
 
 (i. ) All parts of the compartment with which any animal or its drop- 
 pings have come in contact shall be scraped and swept : then 
 (ii.) The same parts shall be thoroughly washed or scrubbed or scoured 
 
 with water : then 
 (iii.) The same parts shall have applied to them a coating of lime- 
 wash : except that 
 (iv.) The application of lime- wash shall not be compulsory as regards 
 
 such parts of the vessel as are used for passengers or the crew, 
 (v.) All fittings, pens, hurdles, or utensils used for or about animals 
 shall, if not removed from the vessel, be scraped, and then shall 
 be thoroughly washed or scrubbed or scoured with water, and 
 then shall have applied to them a coating of lime-wash. 
 (2.) Each part of the vessel with which any animal or its droppings 
 have come in contact, and all fittings, pens, hurdles, and utensils, used for 
 or about animals, shall be cleansed and disinfected in accordance with the 
 provisions of this Article before any other animal or any cargo is allowed 
 to come in contact therewith. 
 
 (3.) The scrapings and sweepings of the vessel shall not be landed 
 unless and until they have been well mixed with quicklime. 
 
 MOVEABLE GANGWAYS AND OTHER APPABATUS. 
 
 21. — (1.) A moveable gangway, passage-way, cage, or other apparatus, 
 used or intended for the loading or unloading of foreign animals on or 
 from a vessel, or otherwise used in connection with the transit of foreign 
 animals, shall, so soon as practicable after being so used, be cleansed and 
 disinfected as follows : 
 
 (i.) The same shall be scraped and swept, and all dung, litter, and other 
 matter shall be effectually removed therefrom : then 
 
 (ii.) The same shall be thoroughly washed or scrubbed or scoured with 
 water : then 
 
 (iii.) The same shall have applied to them a coating of lime-wash. 
 
 (2.) The scrapings and sweepings, and all dung, litter, and other 
 matter so removed shall forthwith be well mixed with quicklime, and be 
 effectually removed from contact with animals. 
 
 APPLICATION OF THIS CHAPTER, 
 
 22. This Chapter shall not apply in relation to foreign animals that 
 have not been and are not intended to be landed at a Foreign Animals 
 Wharf. 
 
 Chapter V. — Disinfection of Vessels, Moveable Gangways, and 
 other Apparatus used for Hobses, Asses, or Mules. 
 
 23,_(i.) The provisions of Article 20 of the preceding Chapter shall, 
 subject as hereinafter provided, apply to a yessel from which foreign 
 
 
 
2IO APPENDIX X. 
 
 horses, asses, or mules are landed, in all respects as if horses, asses, and 
 mules were animals within the meaning of that Chapter. 
 
 (2.) Provided that in the case of a horse, ass, or mule being carried in a 
 horse-box, it shall be sufficient if such horse-box be cleansed and disin- 
 fected as follows : 
 
 (a) The floor of the horse-box and all other parts thereof with which 
 
 the droppings of the horse, ass, or mule have come in contact 
 shall be scraped and swept, and the scrapings and sweepings, 
 and all dung, sawdust, fodder, litter, and other matter shall be 
 effectually removed therefrom : and 
 
 (b) The sides of the horse-box and all other parts thereof with which 
 
 the head or any discharge from the mouth or nostrils of the 
 horse, ass, or mule has come in contact shall be thoroughly 
 washed with water by means of a sponge, brush, or other 
 instrument. 
 
 Chapter VI.— Protection op Animals. 
 
 PROVISIONS AS TO VESSELS CARRYING FOREIGN ANIMALS. 
 
 24. The provisions of this Chapter shall apply in the case of every 
 vessel in or on which foreign animals intended to be landed at a Foreign 
 Animals Wharf are carried to a port or place in Great Britain. 
 
 Parts of Vessel to be Used. 
 (i.) Animals shall not be carried on more than three decks, 
 (ii.) Animals shall not be carried on any hatch above a compartment 
 
 where other animals are carried, 
 (iii. ) Animals shall not be carried in any part of the vessel where, in 
 ordinary course of navigation, they would interfere with the 
 proper management or ventilation of the vessel, or with the 
 efficient working of the boats. 
 
 Pens and Fittings of Vessels. 
 
 (iv.) The animals shall be carried in pens. 
 
 (v.) No pen shall exceed ten feet in length and nine feet in breadth, 
 and the stanchions of each pen shall be securely fastened to the 
 deck by means of iron sockets or otherwise, and the materials 
 used in the construction of the pens shall be of a substantial 
 character, and of sufficient strength to withstand the action of 
 the weather, and to resist the weight of the animals thrown 
 against them. 
 
 (vi.) Ship's fittings likely to cause injury or unnecessary suffering to 
 animals shall be properly and securely fenced off. 
 
 (vii.) The floor of each pen shall, in order to prevent slipping, be fitted 
 with suitable battens or other proper footholds which shall be 
 securely fastened to the deck by angle iron .plates or otherwise, 
 and shall be strewn with a proper quantity of sand or other 
 suitable substance. 
 
 (viii.) Animals while on board a vessel shall be protected against 
 injury or unnecessary suffering from undue exposure to the 
 weather. 
 
 Space for Animals. 
 
 (ix.) Sufficient space shall be allotted in every pen to enable the 
 animals therein to properly feed and rest during the voyage. 
 
THE CARRIAGE OF CATTLE. 211 
 
 Overcrowding. 
 
 (x.) The vessel shall not be overcrowded in any part or pen so as to 
 cause injury or unnecessary suffering to the animals therein. 
 
 (xi. ) Between every two rows of animals, and in front of every single 
 row of animals, there shall be a passage-way of a minimum 
 width of one foot and six inches, which passage-way shall be 
 kept free of obstruction. 
 
 Ventilation. 
 
 (xii.) All parts of the vessel on which animals are carried shall be suffi- 
 ciently and suitably ventilated. All such parts if below deck 
 shall, in addition to any ventilation obtained by means of the 
 hatchways, be provided with sufficient and suitable ventilators 
 for the removal of foul air and for the admission of a proper 
 supply of fresh air to all the animals carried. 
 
 Light. 
 
 (xiii.) Arrangements shall be made for the provision at all times of 
 adequate light for the proper tending of the animals. 
 
 Food and Water. 
 
 (xiv.) When animals are carried on a vessel for a voyage which on an 
 average takes more than eighteen hours, they shall be provided 
 while on board with a sufficient amount of food and water, and 
 proper accommodation shall be provided on board for the 
 stowage of food so that the same shall not be unduly exposed to 
 the weather at sea. 
 
 Securing of Cattle. 
 
 (xv.) All cattle while being carried on a vessel shall be securely tied 
 by the head and so as to stand athwartships. 
 
 Approaches, Gangways, and other Apparatus. 
 
 (xvi.) Approaches, gangways, passage-ways, cages, and other apparatus 
 used for the landing of animals from a vessel shall be so con- 
 structed that injury or unnecessary suffering shall not be caused 
 to the animals. 
 
 Attendance. 
 
 (xvii.) The vessel shall, in addition to the ordinary crew, carry a suffi- 
 cient number of qualified attendants to properly tend the 
 animals ; and every consignment of cattle shall be in charge of 
 a responsible foreman, who shall have under him competent 
 assistants numbering with himself one for every twenty-five 
 head of cattle ; and proper and suitable accommodation for all 
 these persons shall be provided. 
 
 Injured Animals. 
 
 (xviii.) If any animal on board a vessel has a limb broken or is other- 
 wise seriously injured, the master of the vessel shall forthwith 
 
212 APPENDIX X. 
 
 cause that animal to be slaughtered unless he is satisfied that it 
 can be kept alive and led away without cruelty. 
 
 Shoi-n Sheep. 
 
 (xix) From each first day of November to the next following thirtieth 
 day of April (both days inclusive), shorn sheep shall not be 
 carried on deck, except where they were last shorn more than 
 sixty days before being so carried. 
 
 SLAUGHTER OF INJURED ANIMALS WHEN LANDED. 
 
 25. Where any maimed or injured foreign animal is landed from a 
 vessel the owner, consignee, or other person in charge thereof shall, if 
 directed by an Inspector of the Board, or may, if he thinks fit, at any 
 time slaughter that animal. 
 
 Chapter VII.— Miscellaneous. 
 
 CARCASES OP ANIMALS DYING ON VOYAGE. 
 
 26. — (1.) If a vessel arriving at a port has on board the carcase of a 
 foreign animal, horse, ass, or mule which was taken on board for the 
 purpose of importation, but has died on the voyage, the master of the 
 vessel shall, immediately on arrival at the place of discharge, report the 
 fact to the proper Officer of Customs there. 
 
 (2.) The carcase shall not be landed or discharged from the vessel 
 without the permission in writing of the Officer. 
 
 POWER TO EXCLUDE PERSONS. 
 
 27. — (1.) An Inspector of the Board, or the Superintendent of a Foreign 
 Animals Wharf is hereby empowered to affix at or near the entrance 
 thereof or of any building therein a notice forbidding persons to enter 
 therein without the permission mentioned in the notice ; and thereupon 
 any person who enters or goes into, on, or over such premises without that 
 permission shall be deemed guilty of an offence against the Act of 1894. 
 
 (2.) An Inspector of the Board, or the Superintendent of a Foreign 
 Animals Wharf is hereby empowered to direct any person to quit such 
 Wharf, or any particular building, lair, landing-stage, pier, quay, or other 
 portion thereof ; and thereupon any person who fails to quit such premises 
 on direction as aforesaid shall be deemed guilty of an offence against the 
 Act of 1894. 
 
 DISINFECTION OF PERSONS AND CLOTHES. 
 
 28. — (1.) An Inspector of the Board, or the Superintendent of a Foreign 
 Animals Wharf is hereby empowered to affix at or near the entrance 
 thereof a notice to the effect that persons before entering such Wharf will 
 be required to disinfect themselves and their clothes in the manner speci- 
 fied in such notice, and thereupon every person shall disinfect himself and 
 his clothes accordingly. 
 
 (2.) An Inspector of the Board, or the Superintendent of a Foreign 
 Animals Wharf is hereby empowered to affix at or near the entrance 
 thereof, or of any building therein a notice to the effect that persons 
 before leaving such Wharf or building will be required to disinfect them- 
 selves and their clothes in the manner specified in such notice, and there- 
 upon every person shall disinfect himself and his clothes accordingly. 
 
THE CARRIAGE OF CATTLE. 21 3 
 
 GENERAL POWEB OP DETENTION. 
 
 29. If it appears to the Principal Officer of Customs with respect to any- 
 foreign animal, horse, ass, or mule, or with respect to any foreign carcase, 
 fodder, litter, dung, or other thing, that disease may be thereby intro- 
 duced, he may seize and detain the same ; and he shall forthwith report 
 the facts to the Commissioners of Customs, who may give such directions 
 as they think fit, either for the slaughter or destruction or the further 
 detention thereof or for the delivery thereof to the owner on such condi- 
 tions, if any (including payment by the owner of expenses incurred by 
 them in respect of detention thereof), as they think fit. 
 
 DUTIES OP LOCAL AUTHORITY AND POLICE. 
 
 30. The Local Authority and all constables and police officers shall 
 assist the Inspector of the Board to carry into effect and enforce this 
 Order, and shall do or cause to be done all things necessary for the effectual 
 execution of the same. 
 
 OPPENCES. 
 
 31. — (1.) If the slaughter of animals is not commenced at the time 
 directed by this Order, or completed in accordance with the provisions of 
 this Order, the person failing to cause such slaughter to be so commenced 
 or completed shall be deemed guilty of an offence against the Act 
 of 1894. 
 
 (2.) If any animal, or any dung of animals, or any fodder, litter, fittings, 
 pens, hurdles, utensils, or other thing shall be landed or moved in contra- 
 vention of this Order, the owner thereof, and the owner and the lessee and 
 the occupier of the place of landing or other place where or from which 
 such animal, dung, or other thing is landed or moved, and the person 
 causing, directing, or permitting the landing or movement, and also in the 
 case of the landing thereof, the owner and the charterer and the master of 
 the vessel from which the same is landed, shall, each according to and in 
 respect of his own acts or defaults, be deemed guilty of an offence against 
 the Act of 1894. 
 
 (3.) If any person fails to carry out or observe any direction as regards 
 cleansing or disinfection, which he is by this Order required to carry out 
 or observe, he shall be deemed guilty of an offence against the Act 
 of 1894. 
 
 (4. ) If anything is done or omitted to be done as regards cleansing or 
 disinfection in contravention of this Order, the owner and the charterer 
 and the master of the vessel in or in respect of which, — and the owner of 
 the gangway or passage-way, cage, or other apparatus in respect of which, 
 — and the owner and the lessee and the occupier of the Foreign Animals 
 Wharf in which, —and the owner and the lessee and the occupier of any 
 other place or thing in respect of which, — (as the case nlay be,) the same is 
 done or omitted, shall, each according to and in respect of his own acts or 
 omissions, be deemed guilty of an offence against the Act of 1894. 
 
 (5.) If anything is done or omitted to be done with respect to any vessel 
 or any animals thereon in contravention of this Order, the owner and the 
 charterer and the master of the vessel in which the same is done or omitted 
 to be done, shall, each according to and in respect of his own acts or 
 omissions, be deemed guilty of an offence against the Act of 1894. 
 
 REVOCATION OP ORDERS. 
 
 32. The Orders described in the Second Schedule to this Order are 
 
2I 4 APPENDIX X. 
 
 hereby from and after the commencement of this Order revoked ; but this 
 revocation shall not — 
 
 (a.) revive any Order or part of any Order revoked by, or otherwise 
 affect the past operation of, any of those Orders ; 
 
 (6) affect the validity or invalidity of anything done or suffered, or any 
 licence or authority granted, or any right, title, obligation, or 
 liability accrued thereunder, before the commencement of this 
 Order ; 
 
 (c) interfere with the institution or prosecution of any proceeding in 
 respect of any offence committed against or the recovery or 
 imposition of any penalty or forfeiture or punishment incurred 
 under any of the Orders hereby revoked before the commence- 
 ment of this Order. 
 
 INTERPRETATION. 
 
 33. In this Order, unless the context otherwise requires, — 
 "The Board" means the Board of Agriculture: 
 "The Act of 1894" means the Diseases of Animals Act, 1894: 
 " Cattle " means bulls, cows, oxen, heifers, and calves : 
 • " Animals " means cattle, sheep, and goats, and all other ruminating 
 
 animals, and swine : 
 " Foreign," applied to animals, horses, asses, mules, and things, means 
 
 brought to the United Kingdom from any country out of the 
 
 United Kingdom : 
 " Foreign Animals Wharf" means a part of a port defined by Special 
 
 Order of the Board for the landing of foreign animals subject to 
 
 slaughter at the port of landing : 
 " Superintendent of a Foreign Animals Wharf" includes a foreman or 
 
 wharfinger or other person at the time being in charge of a 
 
 Foreign Animals Wharf : 
 " Reception-lair " means a lair adjacent or near to the place of landing 
 
 which is set apart for the reception of any animals immediately 
 
 after landing for the purposes of their examination : 
 " Lairage-men " means men specially appointed by the occupiers of a 
 
 Foreign Animals Wharf for the purpose of landing animals at 
 
 such Wharf and feeding and watering and tending them in a 
 
 reception-lair : 
 " Disease " means cattle-plague (that is to say, rinderpest, or the disease 
 
 commonly called cattle-plague), contagious pleuro-pneumonia of 
 
 cattle, foot-and-mouth disease, sheep-pox, sheep scab, or swine 
 
 fever (that is to say, the disease known as typhoid fever of swine, 
 
 soldier, purples, red disease, hog cholera, or swine-plague) : 
 " Carcase " means the carcase of an animal, horse, ass, or mule, and part 
 
 of a carcase, and the meat, flesh, bones, hide, skin, hoofs, horns, 
 
 offal, or other part of an animal, horse, ass, or mule, separately or 
 
 otherwise, or any portion thereof : 
 " Fodder" means hay or other substance commonly used for food of 
 
 animals : 
 " Litter" means straw or other substance commonly used for bedding 
 
 or otherwise for or about animals : 
 " Master " includes a person having the charge or command of a vessel : 
 Other terms have the same meaning as in the Act of 1894. 
 
 EXTENT. 
 
 34. This Order does not extend to Ireland. 
 
THE CAERIAGE OF CATTLE. 21$ 
 
 COMMENCEMENT. 
 
 35. This Order shall come into operation on the first day of January 
 one thousand eight hundred and ninety-seven. 
 
 SHORT TITLE. 
 
 36. This Order maybe cited as the Foreign Animals Order of 1896. 
 
 The First Schedule, 
 prohibited countries and parts of countries. 
 
 [Article 1.] 
 
 Austria Hungary (including Bosnia 
 
 Germany. 
 
 and Herzegovina). 
 
 Gibraltar. 
 
 Belgium. 
 
 Greece. 
 
 Brazil. 
 
 Italy. 
 
 Denmark (excluding Iceland). 
 
 Malta. 
 
 France. 
 
 Montenegro 
 
 Morocco. 
 
 Eoumania. 
 
 Natal. 
 
 Russia. 
 
 Netherlands. 
 
 Servia. 
 
 Norway, Province of Finmark in. 
 
 Spain. 
 
 Ottoman Dominions. 
 
 Sweden. 
 
 Portugal. 
 
 Zululand. 
 
 Portuguese State of East Africa. 
 
 
 Note I. — The Second Schedule contains the names of certain Orders 
 hereby revoked, their place being taken by the present Order. 
 
 Note II. — By a further Order, dated 31st December 1897, entitled the 
 Foreign Animals (Amendment) Order op 1897, the provisions of the 
 above Order are made to apply to cattle from the whole of Norway instead 
 of merely to the Province of Finmark. 
 
 A warning may be added as to disinfection. It has been held that, 
 till the work of cleansing and disinfection has been completed, no cargo 
 may be taken on board the vessel, even though that cleansing and disin- 
 fection be required only in the parts of the vessel in which animals were 
 carried. — B. W. G. 
 
 Dogs. — For the reasons already stated in reference to the importation 
 of cattle, the Board of Agriculture has power to regulate the importation 
 of certain other animals. The question of the extinction of rabies in dogs 
 in this country has, in the Board's view, acquired great importance, and 
 under their restrictions the disease has become of late almost unknown. 
 Strange as it may appear, the shipmaster is seriously involved in this 
 question ; for difficulties are placed in the way of the importation of these 
 animals, and upon the shipmaster is laid the duty of seeing that no dogs 
 are for the present brought into Great Britain from any other country 
 (except Ireland, the Channel Islands, and the Isle of Man) except under 
 the provisions of the Order of the Board of Agriculture of date 12th 
 December 1901. No dog is to be imported save with a licence from the 
 
2l6 • APPENDIX X. 
 
 Board of Agriculture itself. The landing, or attempt to land, a dog in 
 contravention of this Order is an offence under the Customs Acts, and 
 besides other penalties involves forfeiture of the dog. When any dog is 
 landed in contravention of the Order the owner and the charterer and the 
 master of the vessel from which it is landed, as well as other persons more 
 immediately concerned with the breach of the law, are to be deemed guilty 
 of an offence against the Diseases of Animals Act, 1894. The original 
 Order, which that quoted replaces, came into force on the 15th September 
 1897, and as no reference is made in it to its withdrawal or any temporary 
 force, the duty of seeing that no dogs are smuggled into this country on 
 his vessel must be regarded from our point of view as one of the standing 
 duties of the shipmaster. 
 
^ 217 ) 
 
 APPENDIX XI. 
 
 MARRIAGE AND OTHER SERVICES ON BOARD SHIR 
 
 Chile the first edition of this little book was going through the press I 
 ad a letter from a shipmaster of the greatest experience, asking me if 
 here is in the law any provision or power to solemnise marriage on board 
 hip. If so, by whom, and when is it justified 1 He also cited an instance 
 rhich occurred within his own knowledge where on a long voyage a child 
 ras born and, by the mother's request, " christened " with full service by 
 he shipmaster, to the scandal of some of those on board. 
 
 Now the Merchant Shipping Act is silent on the point, and the modern 
 onditions of ship life are such that old instances seem to me of little 
 alue here. We must elucidate the point pretty much for ourselves, 
 though births, marriages and deaths are always classed together, and 
 hough the shipmaster is registrar equally of one as of the others, there is 
 , distinction between the three important events, for death and birth are 
 nvoluntary, whilst marriage is a matter of choice. Death and birth come 
 iven in spite of us, and all that those on board the vessel can do when such 
 ivents occur is to give all possible assistance, and note the fact in 
 iccordance with the law. But marriage is a purely voluntary matter, and 
 he time and place of marriage, as well as parties to it, and the person 
 vho may perform it, are all regulated by the law ashore. It is obvious, 
 ,herefore, that where a marriage is contemplated to be performed aboard 
 ihip, the master ought to make certain inquiries and to see that every- 
 ihing is done with decency and in order, and with some such notice as 
 tfould be required by a registrar on land. Thus, if the master of a Dover 
 md Calais steamer were asked in mid-Channel to marry a couple of pas- 
 sengers whom he had never seen before, and to do so before he reached 
 Dort, he would certainly not be justified in acceding to their request, for 
 ;he circumstances would be such as should put him on inquiry, the haste 
 pvould be undue, and he would have no possibility of finding anything out 
 ibout the case. Therefore, although there might be a parson on board 
 who was willing to perform the ceremony, the master would never enter- 
 tain the idea at all. On the other hand, take the case of a sailing ship 
 aound round the Horn from a port in the United Kingdom to the mouth of 
 ;he Yukon River, and comprising amongst its passengers two families 
 :>oth personally known to the shipmaster. No parson is on board. An 
 iffection grows up between a man of one family and a woman of the other 
 ^n course of the voyage, and, when a couple of months out, it is suggested 
 ;o the master that in another month the parties propose to become united 
 with the assent of their respective families. Would not the master be 
 justified in performing the ceremony ? Would he not be practically 
 bound to do so, if there were an aged or invalid parent of one of them 
 ihoard whose strong desire was to see the marriage take place, and whose 
 health forbade the hope of ever seeing port ? I feel sure, then, that there 
 ire circumstances where it would be worse than unreasonable for a 
 
2l8 APPENDIX XL 
 
 master to allow a clergyman to perform a marriage at all on the one hand, 
 and that, on the other, there may easily be oases where it would be equally 
 unreasonable, and possibly exceedingly cruel on the master's part, to 
 refuse to perform the ceremony himself. The master must draw the line 
 between what is reasonable and what is not for himself in any case that 
 falls his way. 
 
 Now as to the point of the "full service" to which our attention is 
 drawn. The validity* of a marriage is in no way affected by the form of 
 the service. It is a contract constituted by the mutual and public 
 acceptance, of the parties. For greater security a signed record of the 
 transaction is by legal requirement taken. The marriage would be per- 
 fectly valid without any religious ceremony at all. The feeling of the 
 great majority of our countrymen and women is that all the great 
 occasions of life should be sanctified by religious ceremonies. But many 
 persons read services besides those who are specially ordained by the 
 Established Church for the purpose. I am not forgetting that there are 
 penalties for those who, being unqualified, perform marriages, or even, 
 being qualified, perform them in improper places ; but I think I am safe 
 in saying that if the master considers the occasion such as warrants him 
 in performing the ceremony, he may perform it with due solemnity and 
 with proper religious service. 
 
 Lastly, I must refer to the point as to the soandalisation of part of the 
 people on the vessel when the master baptized a child with religious 
 service. Masters need not regard the public opinion of passengers (who 
 often have no occupation but gossiping), save in so far as they must not 
 do anything to prejudice the passenger business of their owners. If it 
 was right to baptize the child at all, it was right to do it duly. Even if 
 the child were not ill at the moment, we are all liable to accident, 
 especially at sea, and children are particularly frail, and liable to meet 
 with sudden illness, even on land. The fear of the possible consequences 
 hereafter to a child, through dying unbaptized, is very strong and very 
 real amongst many religious people, and it is probable that a mother was 
 very anxious to get her child baptized at once. There was no reason, 
 therefore, why the master should not have acted as he did. 
 
 I think a reference to the Book of Common Prayer will support my 
 view. In " The Form of Prayer to be used at Sea," one rubric says : " Then 
 shall the priest, if there be any in the ship, pronounce the absolution." 
 Nothing is said about the master conducting the services, but this refer- 
 ence to the small part which is reserved for the special function of an 
 ordained priest implies that it is contemplated that a layman (that is, of 
 course, the master) will have to perform the greater part of the service in 
 most cases. Moreover, the part reserved is that which corresponds to the 
 duty that on land is not permitted to be performed by any but a. fully 
 ordained priest. It will be noticed, too, that the absolution seems to be a 
 declaratory and not a ministerial office. 
 
 * Mr Hammick, the writer of the standard work on our Marriage Laws, points out 
 that "there is no statutory authority for the solemnization of any such marriage on 
 board a British merchant ship " ; and " that where the Captain performed the ceremony 
 its validity might certainly be challenged." This, of course, is true, but from tne 
 references to the registration by the Master of any marriages solemnized on board ms 
 ship, and from the duty laid upon him to transmit the entries of such marriages to 
 the proper officers for record, it seems that the Legislature must have contemplated tne 
 possibility of cases arising where such marriages might be advisable and necessary. 
 The Acts say distinctly that the duty of the Medical Officer shall be fulfilled by tne 
 Master, failing the presence of a medical man on the articles ; and by analogy it wouio 
 seem that the Master might fulfil the duties of chaplain. 
 
APPENDIX XII. 
 
 CONTINUOUS DISCHARGES FOR SEAMEN. 
 
 [B Board of Trade in the year 1900 inaugurated a new system which 
 designed to improve the quality and position of the personnel of the 
 itish Mercantile Marine. The co-operation of shipmasters is essential 
 
 the success of the scheme, and as it should indirectly tend to the 
 nefit of the officers themselves by making the men more submissive to 
 e discipline of the sea life, one cannot omit to refer to the matter in the 
 esent volume. 
 
 The following Notice to Seamen, which is perhaps the best explanation 
 can give of the intention and genesis of the scheme, was issued by the 
 >ard of Trade in the month of September 1900: — 
 
 " On October 1 , 1900, a new form of certificate of discharge will be issued 
 ■ the Board of Trade. It is in book form, and will be a continuous record 
 
 service. In the first instance it will be given only to deck hands engaged 
 
 discharged in the presence of a superintendent of a mercantile marine 
 fice in the United Kingdom, or a consular office at Antwerp, Hamburg, 
 jtterdam, Dunkirk, or Havre ; but at different dates, notice of which will 
 : given, it will be extended to engine-room hands, to members of the 
 eward's department, and to officers, whether discharged at home or 
 jroad. 
 
 " Seamen are informed that this continuous certificate should be pro- 
 iced and handed to the superintendent or consul when signing articles 
 ' agreement, so that the engagement column may be filled in and the 
 irtificate given into the safe keeping of the master. Should the seaman, 
 irough any cause whatever, fail to join or to complete the voyage, his 
 >ok will be deposited with the superintendent or consul at the port where 
 3 left the ship, who will retain it for a fortnight from the date of the 
 sssel leaving, at the end of which time it will be forwarded to the 
 egistrar-General of Shipping, London. Upon the seaman applying for 
 le book it will be returned to him by the officer in whose possession it 
 , containing an entry in the discharge and character columns that the 
 jyage was not completed." 
 
 The scheme was carefully devised by those who showed by the result 
 lat they had thoroughly appreciated the needs of the case. By the end 
 : the year 1901 the Board of Trade was able to state that returns had 
 icently been received from the larger ports in the United Kingdom 
 lowing the percentage of seamen who failed to join their ship during 
 le three months ending 30th September 1901. These were compared 
 ith the figures for the corresponding months of the two previous years. 
 , then appeared that there was a considerable decrease in the percentage 
 : failures to join, this being very largely attributable to the effects of the 
 ;heme. 
 
 Under the scheme, when a seaman lost his discharge-book he could 
 atain a fresh one on payment of a shilling. The previous record of such 
 
220 APPENDIX XII. 
 
 a man was not inserted in the new book, and some critics suggested that 
 this was a defect, as a man with a bad character could thus always get a 
 fresh start with a clean sheet on payment of a shilling for a new book. 
 To meet the possibility of such cases the Board of Trade issued a notice 
 to masters, in which they called attention to the fact that the non- 
 possession of a discharge-book by a seaman seeking employment in any 
 but the lowest ratings is in effect a warning that his qualifications and 
 character requires investigation. 
 
 It was not, at first, thoroughly recognised that, under the terms of the 
 Merchant Shipping Act, a master was bound to give to every " seaman," 
 even before the system of continuous discharge was inaugurated, a certifi- 
 cate of discharge, and that for this purpose the term seamen included 
 every one (except masters, pilots, and apprentices duly indentured and 
 registered) employed or engaged in any capacity on board any British 
 ship, whether they were certificated officers or not. Accordingly some 
 certificated officers felt aggrieved at being brought into the new system. 
 But those who appreciate the position will quite understand its reason- 
 ableness. 
 
 As a suggestion to shipmasters as to the best course for them to pursue 
 that full advantage may be obtained by the mercantile marine generally 
 by the new scheme — which is the outcome of the labours of Mr. Walter 
 J. Howel), C.B., head of the Marine Department of the Board of Trade— I 
 cannot do better than adopt the instructions issued by the members of the 
 North of England Steamship Owners' Association to the masters of their 
 vessels. They say in it : " In order that the issue of continuous dis- 
 charges should obtain that measure of success which was intended by the 
 Board of Trade, and desired by all British shipowners, it is necessary you 
 should use your best efforts to assist in furthering this object. I (or he) 
 must, therefore, ask you to give close consideration to the following 
 instructions, and to see that your officers assist you in carrying them 
 into effect : (i) Be very careful in the selection of your crew, and closely 
 scrutinise the record of seamen offering themselves for engagement, giving 
 preference to men having a good record ; (2) always bear in mind the 
 necessity for just and careful consideration when reporting upon the 
 qualifications of your men; (3) on no consideration whatever give a 
 seaman a V.G. discharge for conduct and ability unless he is entitled 
 to it ; (4) the result of giving doubtful discharges is to place both the 
 seaman and those who seek to engage him in a false position. .This often 
 leads to insubordination, and thus has a tendency to undermine the dis- 
 cipline of the ship. You will, therefore, see the necessity of closely 
 adhering to those rules." 
 
 It should be explained in terms, perhaps, that this new arrangement is 
 supplementary to, and not in substitution for, the system of discharges 
 enforced by the Merchant Shipping Act, 1894. 
 
INDEX. 
 
 iandonment of voyage, effect of, 
 hi seaman's contract, 56 
 effect of, on passenger's contract, 
 
 64 
 iandonment of vessel, what con- 
 stitutes, 112 
 
 isence without leave by seaman, 33 
 icidents, reports of, must be made, 
 no 
 icommodation of crew, 46 
 
 of emigrants, 68, 69 
 
 of Lascars, 46 
 Ivance notes, 49 
 Ivance on paying off, 58 
 freightment, contract of (see also 
 Bill of Lading) 
 
 implied conditions in, 98 
 jreement as to advances of wages 
 may be void, 49 
 'reement for salvage, 112 
 jreement with shipowners by mas- 
 ters, IO 
 jreements with crew, 19, 139 
 
 alterations of, 20 
 
 contents of, 19, 25 
 
 copies of, 20, 
 
 foreign trade, 22 
 
 home trade, 21 
 
 implied conditions in, 25 
 
 with Lascars, 23 
 
 necessity of, 19 
 
 new form of, 31 
 
 running agreement, 22, 23 
 
 stamp not needed, 20 
 lotment notes, rules regarding, 50 
 ichors and cables, 68 
 ati-scorbutics, 42, 43 
 ppliances, life-saving, 188 
 pprentices (see also Seaman) 
 
 indentures of, 27 
 
 in relation to ship's articles, 28 
 
 Apprentices' indentures, cancellation 
 of, 27 
 
 execution of, 27 
 under Merchant Shipping Act, 
 
 28 
 rights to instruction, 2, 3 
 general, 28 
 Arrest of deserters, 35 
 
 police must assist, 35 
 Articles of agreement with crew (see 
 
 Agreement) 
 Assaulting a ship's officer, 34 
 Assisting offenders, penalty for, 35 
 Azimuth compass, 68 
 
 B 
 
 Baggage, passenger's, 62 
 Ballast, clearance in, 123 
 
 what is treated as, 123 
 Barratry, definition of, 99 
 by crew, 100 
 by master, 99, 100 
 by owner against charterer, 100 
 Berth (see also Emigrants), 69 
 Bill of health, 118 
 Bills of lading, signature of, 93, 95 
 stamping of, 96 
 whom signed in favour of, 95 
 Births at sea, master's duty in case 
 
 of, 128 
 Board of Agriculture (see Cattle and 
 
 Dogs) 
 Board of Trade, inquiries by order 
 of, 6 
 
 formal investigation by order of, 
 
 6 
 issues form of contract ticket, 
 
 65 
 inspections of lime-juice, 42 
 of medical stores, 43 
 of crew (on fee) by medical 
 officer, 43 
 
222 
 
 INDEX. 
 
 Board of Trade inspection of ships' 
 draught of water on sail- 
 ing. 44 
 provisions on certain voy- 
 ages, 41 
 officials being carried to sea, 
 , penalties attached to, 1 29 
 preliminary investigations by 
 
 order of, 6 
 regulations as to service by can- 
 didate for certificates of com- 
 petency, 2, 143 
 reports of accidents to be made 
 
 to, no 
 subjects for examination for cer- 
 tificate of competency, 146 
 survey on complaint of alleged 
 unseaworthiness, 44 
 Boarding ships without leave, 47 
 Boats (see also Life-saving Appli- 
 ances) 
 
 capacity of ship's boats, 188, 
 
 199 
 false bottoms, &c, in, for smug- 
 gling, 125 
 painting names on, 124 
 Boat signals, 162 
 Boat-stations, 30 
 Bond, bottomry, 59 
 Bond, master's, 78 
 Bonus for freedom from accident, 
 
 10 
 Bottomry bond, 59 
 
 C 
 
 Cabin — passenger (see also Pas- 
 senger) 
 
 definition of, 65 
 Captain (see Master) 
 Cargo, breaking bulk, 124 
 
 -book, in home trade, 119 
 
 customs declarations as to, 87 
 
 customs regulation as to dis- 
 charge of, 124 
 
 " contents unknown," of, 124 
 
 damage to, 88 
 
 on deck, 84 
 
 dutiable goods, 121 
 
 expenditure on account of, 103 
 
 not to be carried in engine- 
 room, 87 
 
 of grain, regulations as to, 170 
 
 jettison of, 101 
 
 Cargo, lien on, for freight, 89 
 
 lien on, for expenditure on it- 
 self, 104 
 for unpaid wages, 59 
 receipt of, 83 
 redelivery of, 95 
 re-exportation of, 123, 124 
 report of, must be made to 
 
 Customs, 124 
 sale of, 101, 104 
 sale of, for repair of ship, 104 
 short delivery of, 89 
 stoppage in transitu, 94 
 transhipment of, 102 
 using, as fuel, 101 
 (see also Home Trade) 
 Cariiitkia, The, 112 
 Cattle, carriage of, 73, 204 
 in emigrant-ships, 73 
 -men, 39 
 Certificate for clearance, 78 
 
 (see also Superintendent, and in 
 
 case of emigrant ships, see 
 
 Emigration Officer) 
 
 Board of Trade competency (see 
 
 also Board of Trade), I, 2, 
 
 3.4 
 
 how lost, 5, 7 
 Certificate as to medicines, 43, 72 
 passenger steamers and emi- 
 grant-ships, 66, 67 ■ 
 Certificate of seaworthiness after 
 casualty, 115 
 when seamen are left behind, 
 
 Channel Islands, trade with, 120 
 Charter, time charter, 89 
 
 by capacity, 89 
 
 repairs during time of, 89 
 Charterer's relations with master, 80 
 Charts, II 
 
 Chronometers, 11, 68 
 Clearance (see also Customs, Super- 
 intendent) in ballast, 1 23 
 
 certificate of, 78 
 
 in foreign trade, 123 
 
 in home trade, 120 
 
 of emigrant-ship (see Emigration 
 Officer) 
 Coasting trade (see Some Trade) 
 Collision, both to blame, 107 
 
 compensation, limit of right to, 
 106 
 
 compulsory pilotage, 106 
 
 duty of colliding ship, 108, no 
 
lision, when obeying harbour 
 authorities, 106 
 
 inevitable accident, 106 
 
 limit of liability for, 106 
 
 master may sue in respect of, 
 104 
 
 on trial trip, 107 
 
 responsibility for, 107 
 
 as between tug and tow, 105 
 lonial voyage, definition of, 66 
 lour-blindness, 2 
 mbining to disobey, 34 
 
 to neglect duty, 33 
 mmissions may not be accepted 
 yy master, 12 
 repasses, 11, 68 
 
 mpensation for reduced allow- 
 ance of provisions, 41 
 mpetency certificate (see also 
 Board of Trade), 143, 146 
 inpulsory pilotage, 106, 130, 132 
 ntinued wilful disobedience, 33 
 ntinuous discharges, 219 
 ntraband of war, 122 
 ntracts by master, 80, 81 
 nway, H.M.S., 2 
 
 unty Court, jurisdiction of, in 
 iisputes with seaman, 47 
 ew (see also Apprentice and Sea- 
 man) 
 
 agreement with, 19 
 
 engagement of, 19 
 
 strength of, in emigrant-ships, 
 
 73 
 by whom supplied, 19 
 .stoms (see also Cargo), 119 
 declaration as to cargo, 87 
 inspection and sealing, 123 
 regulations as to home-trade 
 srjip, 119, 120, 121 
 
 foreign-going ships, 121, 
 
 122, 123 
 as to Isle of Man and 
 Channel Islands, 120 
 stoms officer, duty of : 
 in respect of import, 123 
 
 charge for watching, 124 
 demands certificates of 
 
 superintendent, 22 
 demands notices under 
 
 Grain Cargoes Act, 87 
 in respect of quarantine, 
 
 118 
 right to go on board, 123 
 right to accommodation, 123 
 in respect of export, 1 23 
 
 Customs officer, duty of, in respect 
 of ship stores and contraband of 
 war, 122 
 
 clearance, 122 
 duty as to master's bond, 78 
 
 gives four copies of Act, 
 
 77 
 demands superintendent's 
 
 certificate, 22 
 right to go on board, 123 
 rights when carried to sea, 129 
 refusing clearance to de- 
 tain ship, 129 
 in respect of home-trade ship ; 
 when coasters call at foreign 
 ports, 119 
 
 demands to see cargo-book, 
 
 119 
 receives account of cargo 
 before clearance, 119 
 
 1) 
 
 Damage to cargo, 88 
 
 to ship in harbour, 127 
 
 putting in with, 79 
 
 wilful, 34 
 Damages, liquidated and unliqui- 
 dated, 91 
 Dangerous goods, 84, 86, 88 
 
 definition of, 72 
 
 in emigrant-ship, 72 
 
 must be marked, 88 
 Dead freight, 91 
 Death at sea (see also Master and 
 
 Seaman), 128 
 Deck loads, 84, 85 
 
 measurement of, 85 
 Decks for passengers, 64, 68 
 
 construction of, 69 
 Decks to be kept clear, 69, 70 
 
 exercise, 68, 73 
 Deductions from wages, 16 
 Demurrage, 92 
 
 master may sue for, 92 
 
 at port of loading, no lien for, 
 
 97 
 Depositions as to wrecks, &c, 113 
 Derelicts, duty to report, 126 
 Deserters, punishment of, 36 
 
 may be returned to work, 36 
 Desertion, 33, 36 
 
 similar offences to, 33 
 absence with notice not, 37 
 where leaving . ship does not 
 amount to, 37 
 
224 
 
 INDEX. 
 
 Desertion, unseaworthiness of ship a 
 
 defence to charge of, 44 
 Detention of ship by authorities, 
 
 129 
 Deviation, 98 
 
 as distinguished from change of 
 
 voyage, 99 
 effect in relation to cargo, 98 
 effect in relation to seaman's 
 
 contract, 56 
 involuntary change of course 
 
 not, 98 
 proof of, 98 
 
 unreasonable delay may amount 
 to, 98 
 De Wolfe v. Melville, 56 
 Dietary scales, 165-7 
 Disbursements by master, 80 
 Discharge (see Cargo and Seaman) 
 Discipline, 29 
 
 offences against, 33 
 regulations as to, 155 
 Dismissal, of master by Naval Court, 
 
 17 
 
 by owners, 14 
 master's right to notice of, 17 
 Disobedience, wilful, 33 
 
 combined, 34 
 Distress on ship, 129 
 Distress signals, 137 
 Distressed seaman, 35 
 Distressed vessel, abandonment of, 
 
 112 
 Dock (see also Harbour), throwing 
 ashes or ballast into, 127 
 
 regulations as to light and 
 combustibles in, 126 
 Dogs, 73, 215 
 
 Draught-marks not to be fraudu- 
 lently altered, 131 
 Drunkenness, 15, 32 
 
 E 
 
 Emigrants, attendants on, 74 
 berthing of, 69 
 
 berths not to be taken down 
 immediately on arrival 70, 76 
 berthing in separate rooms, 70 
 hospitals for, 70 
 interpreters for, 74 
 light and air for, 70 
 maintenance of, on arrival, 76 
 messes, 72 
 medical attendant, 74 
 
 Emigrants, medical inspector, 74 
 stores, 70, 71 
 order amongst, 155 
 privies for, 70 
 provisions for, 70, 71, 165 
 relanding of, 75 
 rights when contract broken, 76 
 subsistence-money for, 75, 77 
 water for, 71, 72 
 wrongful landing of, 76 
 Emigrant-ship, definition of, 66 
 cattle in, 72 
 dangerous goods in, 72 
 dietary scale extends to others 
 
 besides emigrants, 71, 165 
 proceeding to sea without clear- 
 ance, 79 
 strength of crew of, 73 
 survey of, 66 
 Emigration officer, 68 
 
 must give certificates as to 
 animals, arrangement for, 72 
 as to baggage in emigrants' 
 
 quarters, 69 
 as to equipment of ship, 68 
 as to hospital accommoda- 
 tion, 70 
 as to provision for light and 
 
 air, 78 
 as to medical stores, 72 
 as to provisions and water, 
 
 70, 71 
 as to strength of crew, 73 
 must superintend survey of ship 
 and emigrants' accommoda- 
 tion, 68 
 in case of foreign vessels, must 
 
 certify as to interpreters, 74 
 duty of, when ship puts back, 
 
 79 
 
 or is damaged, 116 
 duty of, to emigrants relanded 
 
 or wrongfully landed, 75, 76 
 has right of inspection, 77 
 may order relanding, 75 
 must sign passenger list, 76 
 may sue on behalf of emigrants, 
 
 76 
 notice to, in case of casualty, 
 116 
 Engagement of crew (see also Agree- 
 men() 
 
 abroad, 24 
 
 terminable on casualty, 12 
 Engagement, master's investment 
 for, II, 154 
 
igineer, chief, 30 
 
 a responsible officer, 125 
 igine-rooin to be kept clear of 
 3argo, 87 
 
 :ciseable goods in home-trade ship, 
 121 
 :ercise decks, 68, 73 
 
 llse description of goods, 88 
 il.se statement, making, 34 
 re appliances, 68 
 
 suggestions regarding outbreak, 
 
 163 
 
 iod (see also Provisions), 165 
 >reign emigrant vessels must carry 
 interpreters, 74 
 
 jreign-going ship (see also Cargo, 
 Agreement, &c.) 
 
 carrying cargo coastwise, 119 
 
 clearance, 122 
 
 contraband of war, 122 
 
 duty to bring up for Customs 
 inspection, 123 
 
 importation, 123 
 
 list to be delivered on termina- 
 tion of voyage, 140 
 
 regulations as to cargo, 122 
 as to stores, 122 
 oreigners may acquire Board of 
 Trade certificates, 4 
 
 not use national flag, 137 
 orfeiture of wages by master, 15 
 
 by seaman, 37, 38 
 
 may be waived, 38 
 orfeiture of right to salvage award, 
 112 
 
 of ship when possible, 79, 125 
 reedom from accident, bonus for, 10 
 reight, no deduction for damage or 
 short delivery, 89 
 
 dead, 91 
 
 on illegal voyage, 89 
 
 on live animals, 89 
 
 during repairs, 89 
 
 when payable, 88 
 
 under time charter, 89 
 
 lien for, 89 
 
 lien on, for wages, 59 
 
 G 
 
 OATS, male, not to be carried in 
 emigrant-ships, 73 
 rain, definition of, 86 
 
 Grain-laden ship, definition of, 86 
 inspection of, 87 
 notices regarding, 87 
 regulations affecting, 86, 170 
 voyages where they apply, 
 86 
 
 H 
 
 Hakbouk authorities, master's duty 
 to, 126, 127 
 
 collision when obeying, 106 
 right of, to board, 126, 127 
 right of, to shift vessel, 127 
 report of cargo must be made 
 to, 127 
 Harbour, damage to vessel in, 127 
 
 dues, 127 
 Harbouring deserters, 35 
 Harbours (see Docks) 
 Health, bill of, 118 
 Henderson, Notara v., 103 
 Home trade, Customs regulations 
 as to, 119, 120, 121 
 
 as to Channel Islands and Isle 
 
 of Man, 120 
 account of cargo to be made up, 
 
 119 
 cargo-book to be kept, 119 
 crew in (see Agreement) 
 clearance in, 120 
 exciseable goods, 121 
 lists to be given in at end of 
 
 voyage, 140 
 as to ship's stores, 121 
 when cargo may be worked, 
 
 121 
 vessel not to call at foreign 
 ports, 119 
 Hospitals, 70 
 
 "Idlkrs" have maritime lien for 
 
 wages, 60 
 Importation (see Foreign - going 
 
 Ships) 
 Improperly proceeding to sea (see 
 
 Ship), 129 
 Indentures of apprenticeship, 27 
 cancellation of, 27 
 production of, when signing on 
 crew, 28 
 Inevitable accident, 106 
 Inquiries, when held, 6 
 
INDEX. 
 
 Inspection (see also Board of Trade 
 and Customs) 
 
 of draught on sailing, 44 
 by emigration officer, 79 
 under Grain Cargoes Act, 87 
 medical, 43, 75 
 
 Instructions as to use of medicines, 
 
 41 
 
 varying, 13 
 
 Instruments of navigation, II 
 
 Intake measurement, 89 
 
 Interpreters for emigrants, 74 
 
 Investigation, formal, 6, 7 
 
 Investment, master's, for engage- 
 ment, 11, 150 
 
 Isle of Man, trade with, 120 
 
 Jettison, ioi 
 
 Join the ship, neglecting to, 33 
 
 Joining the ship, 33 
 
 K 
 
 King's ship, duty to, 122 
 
 Lasoabs, 23, 24, 46 
 
 accommodation for, 46 
 Liberty to touch and stay, 98 
 
 to call at all ports, 98 
 Lien, maritime, 13, 18 
 on freight, 59 
 
 for charges, 90 
 
 for expenditure on cargo, 104 
 
 for freight, 90 
 
 extinction of, 92 
 
 for passage-money, 64 
 Life-belts, 188 
 Life-buoys, 188 
 Life-saving appliances, 188 
 Life salvage, III 
 Light and air, 70 
 Light dues, 138 
 Lights and combustibles in dock, 
 
 126 
 Like order and condition, 97 
 Lime-juice, 42 
 Liquidated damages, 91 
 Lists to be sent in, 117 
 Lloyd's, duty to, 113, 114 
 Load-line regulations, 200 
 Local Marine Boards, inquiry by, 6 
 Log-book, 31, 140 
 
 M 
 
 Manifest, 83, 122 
 Maritime lien, 13, 18 
 
 to whom given, 18, 59 
 extends to apprentices, 28 
 seamen's, 59 
 Marriage at sea, 128, 140, 217 
 Master, death of, 17 
 
 dismissal of, by owners, 14 
 disbursement by, 80 
 drunkenness of, 32 
 in home trade, 1 19 
 not entitled to double pay, 13 
 maritime lien of, 13, 18, 59 
 negligence of, 32 
 primage and average of, obso- 
 lete, 12 
 protest by, 141 
 relation of, to pilot, 130, 131, 
 
 I3 2 . 135. 136 
 responsibility of, for acts of 
 subordinates, 82 
 
 for breach of Revenue laws, 
 88 
 for overloading, 88 
 for work of stevedores, 87 
 in collision cases, 82 
 as registrar of births, marriages, 
 
 and deaths, 128, 217 
 salary, &c, of, may be insured, 
 12 
 distinguished from wages, 12 
 has special property in ship, 93 
 trading on own account, 13, 14 
 warrants himself competent, 15 
 Master's authority to sue, 104 
 over passenger, 38 
 bond, 71, 77 , 
 
 duty to cargo, 83 
 to charterer, 80 
 to harbour authorities, 126, 
 
 127 
 to officer of King's ship, 
 
 125 
 to report cargo, 1 24 
 underwriters, 113, 114 
 passengers, 61 
 contracts, 80, 81, 82, 115 
 limit of authority in, 81 
 with shipowners, 10 
 Mate, a " responsible officer," 125 
 Mate's receipt, 83, 93, 95 
 Medical book to be carried, 41 
 inspection of emigrants, 75 
 officers, 43 
 
edical officers, examination by, 43 
 practitioners to be carried, 43, 
 
 74 
 
 stores for crew, 71 
 for emigrants, 72 
 'elville v. Be Wolfe, 56 
 Merchant Shipping Act — 
 
 abstract of, to be exhibited, 77 
 
 investigation under, 6 
 
 inspection under, 6 
 
 sec. 123, 20 
 
 sec. 126, sub-sec. 2, 25 
 
 sec. 209, 43 
 
 sec. 224, sub-sec. 2, 37 
 
 sec. 605, 132 
 [esses, regulations as to, 166 
 [issing ships, 53 
 [oney orders, seaman's, 51 
 [ortgagee of ship postponed to 
 wage claimants, 59 
 
 N 
 
 Tational flag, 136 
 
 not to be used by foreigners, 
 
 137 
 rationality must be declared, 136, 
 
 137 
 faval court, 8 
 
 how constituted, 8 
 
 may dismiss master, 8 
 
 report of proceedings of, to be 
 entered in log, 8 
 
 may order survey, 45 
 1 Near relative," 50 
 Teglect of duty, 33 
 Jegligence, 32 
 
 in collision cases, 105 
 Tight order-book, 31 
 fotara v. Henderson, 103 
 Totice under Grain Cargoes Act, 87 
 
 O 
 
 )bject of Board of Trade in fixing 
 requirements for certificates of 
 competency, 3, 4 
 
 )ffences against discipline, 33, 34 
 commission of, to be logged, 37 
 involving loss of certificate, 5 
 
 )ffenders, duty to bring home, 128 
 
 )fficial log, delivery of, 140 
 
 )rder amongst passengers, 67, 155 
 
 )verloading, master responsible for, 
 88 
 
 )ver-sea trade (see Foreign-going) 
 
 )wner, change of, 17 
 
 Fainting names on boats, 124 
 Passage-money, lien for, 64 
 Passenger, definition of, 65 
 cabin, definition of, 65 
 steerage, definition of, 65 
 -decks, definition of, 65, 66 
 baggage of, 62 
 contract with, 63, 64 
 rights of, 61 
 
 when vessel is lost, 64, 116 
 when relanded or voyage 
 not taken, 64, 74 
 submits to master's authority, 
 
 38 
 undertakes to conform to rules, 
 
 63. 67. 155 
 to aid in emergency, 63 
 where carried, 68 
 . -ship, definition of, 64 
 
 scale for the length of 
 voyage in, 168 
 -steamer, survey of, 66 
 -certificate, 66 
 -deck, 65, 66 
 -lists, 75 
 
 when required, 76 
 Parkdale, The, 14 
 P. & 0. Co. v. the King, 46 
 Petersen, Tate & Co., Watson v., 17 
 
 Pigs. 73 
 
 Pilot, legal remedies against, 133 
 
 has lien for wages, 60 
 
 master's relation to, 134 
 
 unqualified, 131 
 
 may sometimes act, 132 
 
 taking, out of district, 131 
 
 -boats, 135 
 
 -flags, 135 _ 
 Pilotage authorities, 130 
 
 certificate for ship's officers, 
 132 
 
 compulsory, 106, 132 
 
 dues, when earned, 131 
 
 payment of, 130 
 
 offences in respect of, 131 
 
 signals, 135 
 Plying without certificate, 66 
 "Port, safe," 139 
 Privies for seamen, 46 
 
 emigrants, 70 
 Property of deceased seamen, 5 2 > 
 
 S3 
 Prosecution of offenders, 39 
 
228 
 
 INDEX. 
 
 Protest, master's, 141 
 
 by others, 141 
 Provisions, complaints of, 40 
 for crew, 40, 41 
 for emigrants, 70, 165, 168 
 reduced allowance of, 41 
 survey of, 40 
 to be weighed, 41 
 scale of quantities of days' 
 rations to be ^carried in pas- 
 senger-ships, 168 
 Purchaser of ship postponed to wage 
 
 claimants, 59 
 Putting back, 79 
 
 Q 
 
 Qualification for certificate, 1 
 Quarantine, 118 
 Quitting the ship, 33 
 
 R 
 
 Receiver of Wrecks (see Wrecks) 
 Re-delivery of cargo, 95 
 Re-exportation, 123, 124 
 Registrar-general of Seamen, 27, 
 
 '54 
 Relanding of passengers, 75 
 Repair of ship, selling cargo to 
 
 effect, 104 
 Repatriation of seaman, 55 
 Reports of accidents, no 
 "Responsible officer," smuggling by, 
 
 125 
 Revenue laws, master responsible 
 
 for breach of, 88 
 Royal Navy, volunteering into, 37, 
 
 57 
 
 "Safe ports," 139 
 
 Sailing directions, 1 1 
 
 Sale of cargo, 101, 104 
 
 Sale of ship, 55, 59 
 
 Salvage, agreements for, in, 112 
 
 forfeiture of right to award, 
 112 
 
 of life, 1 1 1 
 
 right to share of, 58 
 Salvage by towage, in, 112 
 
 what may be salved, 1 10 
 
 when claims may be made, in 
 
 who may claim, no 
 Salvor's duty to Receiver of Wrecks, 
 112 
 
 Salvor and wage claimant, 59 
 
 Savings banks, 50 
 
 Scale, dietary, 165 
 
 Sale for length of voyage, 168 
 
 Scurvy, 42 
 
 Sea-damage to cargo, 102, 103 
 
 Seafaring persons, 35 • 
 
 Seaman (see also. Crew and Wages) 
 
 absence of, with notice, 37 
 
 accommodation of, 46 
 
 charges of, when ill, 44 
 
 discharge, form of, 58, 59 
 
 death of, 52 
 
 drunkenness in, 32 
 
 duty of, to preserve ship, 57 
 
 guarantees himself competent, 
 31 
 
 increased wages of, 25, 26 
 
 money order arrangements for, 
 
 SI 
 negligence of, 32 
 privies for, 46 
 promotion of, 25, 26 
 property of deceased, 51,53 
 rating of, 25 
 repatriation of, 55, 57 
 rights of, to go ashore to make 
 
 complaint, 47 
 rights of, when ill, 44, 46, 57 
 rights of, to share of salvage, 
 
 5 8 . 
 termination of contract 
 
 by abandonment of voyage, 
 
 56 
 
 by authority, 56 
 
 by capture of ship, 56 
 
 by a deviation, 56 
 
 by illness, 54 
 
 by sale of ship, 55 
 
 by volunteering into Navy, 
 
 37, 57 
 by wreck of ship, 56 
 
 Serang, a " responsible officer," 125 
 
 Service, religious, 217 
 
 Ship, abandonment of ship, 1 14 
 boarding, without leave, 47 
 detention of, 129 
 distress on, 129 
 draught of, inspection of, 44 
 draught of, pilot to know, 131 
 missing, 53 i 
 
 preparing for receipt of cargo, 
 
 83 i 
 
 sale of, 55 
 seaworthiness of, 25 
 unseaworthy, 37, 45 
 
ipowner's contract with master, 
 
 IO, II 
 
 ort delivery of cargo, 89 
 'nailing, appliances for, 133 
 ;nals of distress, 137 
 »nals, ordinary ship's, 137 
 niggling, 34, 124 
 
 by responsible officer, 125 
 und signals, 137, 138 
 irits, casks of, found floating, 125 
 
 in home trade, 121, 122 
 
 in over-sea trade, 121 
 itute adult, 65 
 ;amships using cargo as fuel, 101 
 
 must carry adequate fuel, 101 
 jerage-passenger (see also Emi- 
 grants), definition of, 65 
 serage-cooks, 74 
 serage-stewards, 74 
 ivedores, 87 
 jppage in transitu, 94 
 >res' content, 122 
 >res in foreign trade, 122, 123 
 
 home trade, 121 
 iwage, 84 
 
 on deck, 84 
 
 of wood goods, 85 
 iwaways, 34 
 bsistence-money for emigrants, 76, 
 
 '7 
 
 bstitutes in crew, 22 
 
 gar, extra, for use with lime-juice, 
 
 12 
 
 perintendent, agreement with crew 
 
 nust be made before, and certified 
 
 >y, 22 
 
 delivered to, at end of voy- 
 age and certified by, 22, 
 
 139 
 duty of, where seaman dies 
 
 abroad, 52 
 makes application for seaman's 
 
 wages, 51 
 has accounts of effects of deceased 
 
 seaman and gives certificate, 
 
 52.53 
 
 receives lists when ships are lost 
 or transferred, or voyage com- 
 plete, 117, 139 
 
 receives log at termination 
 of voyage, 140 
 
 receives notices as to apprentices' 
 indentures, 27 
 
 receives notice of change in crew, 
 22 
 
 paying off before, 58 
 
 Survey of emigrant-ship, 67 
 of passenger-ship, 66 
 of provisions, 40 
 of ship, 45 
 
 Thomas Worthmyton, The, 15 
 Tobacco in home trade, 121 
 Trading on own account by master, 
 
 12, 13 
 Training-ship, service in, 2 
 Transhipment of cargo, 102 
 Transire or clearance, 122 
 Tug and tow, 105 
 
 U 
 
 Unliquidated damages, 91 
 Unseaworthiness, prosecution for, 
 
 45 
 Unseaworthy ship, 37, 44, 45 
 
 Ventilation, 70 
 
 Vessel (see Ship) 
 
 Vice, inherent, 97 
 
 Victualling bill, 122 
 
 Victualling by master, 10, II 
 
 Volunteering into Royal Navy, 37, 
 
 57 
 Voyage, abandonment of, 56, 64 
 must be legal, 25 
 length of, 168 
 
 standards for, 71 
 reduction of standards in certain 
 cases, 72 
 
 W 
 
 Wages, when in abeyance, 51 
 
 agreement as to advances, 49 
 of deceased seaman, 52, 53 
 in missing ship, 53 
 when earning, commences, 20 
 forfeiture of, by master, 15 
 
 by seamen, 31, 32, 33, 36, 
 
 37 
 
 no longer dependent on earning 
 of freight, 5 1 
 
 insurance of, 58 
 
 maritime lien for, 59 
 
 mode of payment of, 58 
 
 payment of, may not be con- 
 ditional, 58 
 
230 
 
 INDEX. 
 
 statements of account of, 
 
 58 
 suits for, 60 
 waiver of right to forfeiture of, 
 
 38 
 War, capture by enemy terminates 
 
 seaman's contract, 56 
 Water for emigrants, 71, 161 
 Watson v. Petersen, Tate & Co., 17 
 Weights and measures to be carried, 
 
 4' 
 Wilful damage, 34 
 
 Witnesses, duty to bring home, 128 
 
 sending home, 56 
 Worcester, H.M.S., 2 
 Wreck, effect of, on seaman's rights, 
 56 
 lists to be sent home, 117 
 master's duty in case of, to crew, 
 
 116 
 to passengers, 116 
 Receiver of, depositions to, 1 12 
 duties of, 113 
 who may act as, 113 
 
 THE END 
 
 Printed by Ballantyne, Hanson & Co. 
 Edinburgh <5r» London 
 
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 Slide Bars.— Connecting and Coupling Bods.— Wooels and Axles, Axle Boxes, Hornbloofcs, 
 irad Bearing SnringB.— Balancing.— Valve Gear.— Slide Valves and Valve Gear Details.— 
 framing, Bogies and Axle Trucks, Radial Axle Boxes.— Boilers.— Smokebox. Blast Pipe, 
 SHrebox Fittings.— Boiler Mountings.— Tenders.- Railway Brakes.— Lnbrloatlon — Con- 
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 ♦■Index. 
 
 ■' Lfkelv to remain for many years the Stand akd Work for those wishing to learn 
 t>*t&pL"—Englmtr. 
 
 "A most interesting and valuable addition to the bibliography of the Locomotive."— 
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 will at once rank as the standard work upon this imtobtant subject.'*— Railway liaqazint. 
 
 In Large 8vo. Handsome Cloth. With Plates and Illustrations. 16s. 
 
 LIGHT RAILWAYS 
 
 AT HOME AND ABROAD. 
 
 By WILLIAM HENRY OOLE, M.Inst.O.E., 
 
 Late Deputy -Manager, North-Western Railway, India. 
 Contents.— Discussion of the Term "Light Railways." — English Railways, 
 Rates, and Farmers. — Light Railways in Belgium, France, Italy, oth« 
 European Countries, America and the Colonies, India, Ireland.— Road Trans- 
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 Gauge. — Construction and Working. — Locomotives and Rolling- Stock. — Light 
 Railways in England, Scotland, and "Wales. — Appendices and Index. 
 
 "Mr. W. H. Cole has brought together . , , a laegh amount of valuable ihtobjU- 
 ■notf , . . hitherto practically inaccessible to the ordinary reader." — Times. 
 
 " Will remain, for soma time yet a Standard Work in everything relating to Light 
 Hallways. ' '--Bngine.tr. 
 
 *' Trie author has extended practical experience that makes the book lucid and useful. 
 It li exceedingly well dona "— Engineering. 
 
 "The whole subjeot is exhaustively and practically considered. The work can be 
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aj\un\aati/jytj ai\ u micunAJNiua. 31 
 
 Third Edition, Revised and Enlarged. With Numerous 
 Illustrations. Price 8s. 6d. 
 
 VALVES AND VALVE-GEARING: 
 
 INCLUDING THE CORLISS VALVE AND 
 TRIP GEARS. 
 
 BY 
 
 CHARLES HURST, Practical Draughtsman. 
 
 " Concise explanations illustrated by 115 very clear diagrams and drawings and 1 folding- 
 plates ... the book fulfils a valuable function."— Athenaum. 
 
 "Mb. Hurst's valves and VALVB-aBARiNff will provo a very valuable aid, and tend to the 
 production of Engines of scientific design and ecobomical workihg. . . . Will be largely 
 sought after by Students and Designers. "—Marine Engineer. 
 
 *' Useful and thoroughly practical. "Will undoubtedly "be found of qeeat valub to 
 All concerned with the design of Valve-gearing."— Mechanical World. 
 
 " Almost evert type of valve and its gearing Is clearly set forth, and illustrated in 
 saoh a way as to be beadilt understood and practically apflibd by either the Engineer, 
 Draughtsman, or Student. . . . Should prove both vaarot and valuablb to all Engineers 
 Decking for reliable and cleae information on the subject. Its moderate price brings it 
 within the reach of all"— Industries and Iron. 
 
 " Mr. Hurst's work is admirably suited to the needs of the practical raeohanio. . . . 
 It Is free Irom any elaborate theoretical dlscnssionBj and the explanations of the various 
 types of valve-gear are accompanied by diagrams which render them easily understood. 
 — The Scientific American. 
 
 In Paper Boards, 8ro., Cloth Back, Price Is. 6d. net. 
 
 HINTS ON 
 
 Steam Engine Design and Construction. 
 
 BY 
 
 CIHI.^K.LIEiS HTJBST. 
 
 AUTTIOR OF "VALVEB AND VALVS GKAEISG." 
 WITH NUMEROUS I LLU ST R AT I O N S. 
 
 CONTENTS. 
 
 I. Steam Pipes. 
 II. Valves. 
 ni. Cylinders. 
 
 IV. Air Pumps and Condensers. 
 V. Motion Work. 
 " A handy volume whioi every practical young engineer should possess."— Me Model 
 Engineer. 
 
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 VII. Valve Gear. 
 VIII. Lubrication. 
 IX. Miscellaneous Details. 
 Inuex. 
 
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3a CHARLES GRIFFIN A CO.'S PUBLICATIONS 
 
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 A TREATISE ON THE 
 THEORY AND PRACTICE OF LUBRICATION 
 
 AND ON THE 
 
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 By LEONARD ARCHBTJTT, F.I.O., F.C.S., 
 
 Chemist to the Midland Railway Company, 
 
 R. MOUNTFORD DEELEY, M.I.M.E., F.G.S., 
 
 Midland Railway Locomotive Works' Manager, Derby. 
 
 CONTENTS.— I. Friction of Solids.— II. Liquid Friction or Viscosity, and Plastic 
 Friction.— III. Superficial Tension.— IV. The Theory of Lubrication. — V. Lubricants, 
 their Sources, Preparation, and Properties.— VI. Physical Properties and Methods of 
 Examination of Lubricants. — VII. Chemical Properties and Methods of Examination 
 of Lubricants. — VIII. The Systematic Testing of Lubricants by Physical and Chemical 
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 of Bearings.— XI. The Lubrication of Machinery.— Index. 
 
 " Destined to become a classic on the subject." — Industries and Iron. 
 
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 Fourth Edition. Very fully Illustrated. Cloth, 4s. 6*4. 
 
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 THEIR DEFECTS, MANAGEMENT, AND CONSTRUCTION. 
 
 By R D. MUNRO, 
 
 Chief Engineer of the Scottish Boiler Insurance and Engine Inspection Company. 
 
 General Contents. — I. Explosions caused (i) by Overheating of Plates — («) By 
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 and Fire-Holes — Fireboxes — Mountings — Management — Cleaning — Table of Bursting 
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 " A valuable companion for workmen and engineers engaged about Steam Boilers, ought 
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 By the same Author. 
 
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Just Out. In Crmun ivo, Handsome Cloth. With Numerous 
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 A Text-Book of Workshop Practice in General Tool Grinding, 
 
 and the Design, Construction, and Application 
 
 of the Machines Employed. 
 
 BY 
 
 R. B. HODGSON, A.M.Inst.Mech.E., 
 
 Author of "Machines and Tools Employed in the Working of Sheet Metals." 
 
 Introduction.— Tool Grinding.— Emery Wheels.— Mounting Emery Wheels. 
 — Emery Rings and Cylinders. — Conditions to Ensure Efficient Working. — 
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 TRAVERSE TAELES : 
 
 Computed to Four Places of Decimals for every Minute 
 
 of Angle up to 100 of Distance. 
 
 For the use of Surveyors and Engineers. 
 
 BY 
 
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 Authorised Surveyor for the Governments of New South Wales and 
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 * # * Published with the Concurrence of the Surveyors- General for New South 
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 **Th*ee who have experience in exact Suetey-work will beat know how to appreciate 
 the emeraurui amount of labour represented by this valuable book. The computations 
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34 CHASLMS QBIFFIN <t> CO.' 8 PUJBLJOATIO^A 
 
 WORKS BY 
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 Formerly Professor of Electrical Engineering, The Glasgow and West of S o liana 
 Technical College* 
 
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 In Large Crown 8vo. FUlly Illustrated. 
 
 STEAM AND STEAM-ENGINES (A Text-Book on). 
 
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 With 600 pp., over 200 Illustrations, 6 Folding Plates, and numerous 
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 "Professor Jamieson fascinates the reader by his clearness or conception and- 
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 *' 2Tie Best Book yet published for the use of Students." — Engineer* 
 
 MAGNETISM AND ELECTRICITY (An Advanced Text- 
 
 Book on). For Advanced and " Honours " Students. By Prof. Jamieson, 
 assisted by David Robertson, B. Sc. , Professor of Electrical Engineering irt 
 the Merchant Venturers' Technical College, Bristol. [Shortly. 
 
 APPLIED MECHANICS (An Advanced Text-Book on). 
 
 Vol. I. — Comprising Part I.: The Principle of Work and its applica- 
 tions; Part II. : Gearing. Price 7s. 6d. Third Edition. 
 "Fully maintains the reputation of the Author." — Praet. Engineer. 
 
 Vol. II. — Comprising Parts III. to VI. : Motion and Energy; Graphic 
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 Second Edition. 83. 6d. 
 
 "Well and lucidly written."— The Engineer. 
 
 *** Each of the above volumes is complete in itself 1 a "d sold separately. 
 
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 A POCKET-BOOK of ELECTRICAL RULES and TABLES. 
 
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WORKS BY 
 
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 Late Regius Professor of Otvll Engineering In the University of Glasgow. 
 
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35 CHARLES GRIFFIN J, CO.'S PUBLICATIONS. 
 
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 {Tor Architects, Builders, Engineers, Founders, Mechanics, Shipbuilders, 
 Surveyors, ha. With Appendix for the use of Electrical Enqihmm, 
 By Professor Jamieson, F.ll.S.E. Seventh Edition. 10s. 6d. 
 
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 trations. Crown 8vo, cloth. Fifth Edition. 9s. 
 
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 With Memoir by Professor Tait, M.A. Edited by W. J. Millar, O.E. 
 With fine Portrait on Steel, Plates, and Diagrams. 
 
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ENGINEERING AND MECHANICS. 37 
 
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 PUMPING MACHINERY 
 
 (STEAM AND WATER PRESSURE). 
 
 With Practical Illustrations of Engines and Pumps applied to Miniho, 
 
 Town Water Supply, Drainage of Lands, Sec, also Economy 
 
 and Efficiency Trials of Pumping Machinery. 
 
 By HENRY D*AVEY, 
 
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 Mechanical Engineers, F.G.S., Ac. 
 
 Contents — Early History of Pumping Engines — Steam Pumping Engines — 
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 Pumping Mains, &c. — Index. 
 
 "By the 'one English Engineer yrho probably knows more about Pumping Machinery 
 
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 In Large 8vo, Handsome cloth, 34s. 
 
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 AND 
 
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 BY 
 
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 nuon or king's college, lokdom ; pros', or civil enginbbmnq, 
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38 CHARLES GRIFFIN * OO.'S PUBLICATIONS. 
 
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 THE STABILITY OF SHIPS. 
 
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 KNIGHT OF TUB IMPERIAL ORDERS OF ST. STANILAUS OF RUSSIA; FRANCIS JOSBPH OF 
 
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 PRESIDENT OF THE INSTITUTION OF NAVAL AKCHETECTa. 
 
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 illustrated by a large number of actual cases, derived from ships of all defeeriptioaft 
 
 ** Sir Edward Keei/s ' Stability of Ships ' is invaluable. The Naval Architect 
 will find brought togetner and ready to his 'hand, a mass of information which he would othfiB- 
 wise have to seek in an almost endless variety of publications, and some of which he would 
 possibly not be able to obtain at all elsewhere. "—Steamship. 
 
 THE DESIGN AND CONSTRUCTION OF SHIPS. By John 
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 Second Edition. Illustrated with Plates, Numerous Diagrams, and 
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 STEEL SHIPS; 
 
 THEIR CONSTRUCTION AND MAINTENANCE. 
 
 A Manual for Shipbuilders, Ship Superintendents, Student*, 
 
 and Marine Engineer*. 
 
 By THOMAS WALTON, Naval Architect, 
 
 AUTHOR OP "KNOW YOUR OWN SHIP." 
 
 Contents. — I. Manufacture of Oast Iron, Wrought Iron, and Steel. — Com- 
 position of Iron and Steel, Quality, Strength, Teats, &c. II. Classification of 
 Steel Ships. III. Considerations in making choice of Type of Vessel. — Framing 
 of Ships. IV. Strains experienced by Ships. — Methods of Computing and 
 Oomparing Strengths of Ships. V. Construction o'f Ships. — Alternative Mode* 
 of Construction. — Types of Vessels. — Turret, Self Trimming, and Trunk 
 Stesmers,&c. — Rivets and Rivetting, Workmanship. VI. Pumping Arranga- 
 ments. VII. Maintenance. — Prevention of Deterioration in the Hulls of 
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jmau ij.l.j3.u n\Jaa.o, j<j 
 
 §5. GRIFFIN'S NAUTICAL SERIES. 
 
 Edited by EDW. BLACKMORE, 
 
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40 CHARLES GRIFFIN <k CO.'S PUBLICATIONS. 
 
 GRIFFIN'S NAUTICAL SERIES . 
 
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 T ZHZZE 
 
 British Mercantile Marine. 
 
 By EDWAKD BLACKMOEE, 
 
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 General Contents.— Historical : From Early Times to 1486— Progress 
 Cinder Henry "VIII.— To Death of Mary— During Elizabeth's Reign— Up to 
 the Reign of William III. — The 18th and 19th Centuries— Institution of 
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 Free Trade- Shipping Legislation, 1862 to 1875— " Locksley Hall s Case— 
 Shipmasters' Societies— Loading of Ships — Shipping Legislation, 1884 to 1894— 
 Statistics of Shipping. The Pebsonnel : Shipowners— Officers— Mariners — 
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 With Additional Illustrations. 6s. 
 
 A. II«A.XfXJJS.ZJ OF 
 
 ELEMENTARY SEAMANSHIP. 
 
 BT 
 
 D. WILSON-BARKER, Master Mahineb; F.R.S.E., F.R.G.S., &o., Ao.; 
 
 TOONQER BROTHER OF TEE TRINITY HOUSE, 
 
 With Frontispiece, Numerous Plates (Two in Colours), and Illustration! 
 in the Text. 
 General Contents.— The Building of a Ship; Parts of Hull, Masts, 
 ftc. — Ropes, Knots, Splicing, &c. — Gear, Lead and Log, &c. — Rigging) 
 Anchors — Sailmaking — The Sails, &c — Handling of Boats under Sail — 
 Signals and Signalling— Rule of the Road — Keeping and Relieving Watch — 
 Points of Etiquette— Glossary of Sea Terms and Phrases — Index. 
 
 *»* The volume contains the new rules of the boad. 
 M This admirable uanual. by Oapt. Wilson- Barker of the ' Worcester,' seems to us 
 perfectly designed, and holds its place excellently in l Griffin's Nautical Series.' . . ■ 
 Although intended for those who are to become Officers of the Merchant Navy, it will be 
 found useful by all yachtsmen. "—Athtneeum. 
 
 11 Five shillings will be well spent on this little book. Oapt. "Wilson-Barxeb knows 
 •from experience what a young man wants at the outset of his career."— Tht Enginttr. 
 
 \* For complete List of Griffin's Nautical Series, see p. 39. 
 
 LONDON : (iHABLES GRIFFIN & CO., LIMITED, EXETER STREET, STRAND. 
 
NAUTICAL WORKS. 41 
 
 GRIFFIN'S NAUTICAL SERIES. 
 
 Price Sa. 6d. Post-free. 
 
 NAYiaATION: 
 
 PRACTICAIi AND THEORETICAL. 
 By DAVID WILSON-BARKER, R.N.R., F.R.S.E., he, <fco., 
 
 AND 
 
 WILLIAM ALLINGHAM, 
 
 FIBST-CLASS HONOURS, NAVIGATION, SCIENCE AND AM I1EPARTMENT. 
 
 TKIUtb flumerous JUustratfons ano Examination i&uestfong. 
 
 General Contents. — Definitions — Latitude and Longitude— Instrument* 
 of Navigation— Correction of Courses— Plane Sailing — Traverse Sailing— Day's 
 Work — Parallel Sailing — Middle Latitude Sailing — Mereator's Chart — 
 Mercator Sailing — Current Sailing — Position by Bearings— Great Circle Sailing 
 — The Tides— Questions — Appendix : Compass Error — Numerous Useful Hints, 
 ftc. — Index. 
 
 " Pbsciselt the kind of work required for the New Certificates of competency in grades 
 from Second Mate to extra Master. . . . Candidates will find it ihvalijablb."— Dundtt 
 Advertiten 
 
 "A capital little book . . . specially adapted to the New Examinations. The 
 Authors are Oaft. Wilson-Baekee (Captain-Superintendent of the Nautical College, H.M.8. 
 ' Worcester,' who has had great experience in the highest problems of Navigation), and 
 Us. Allingham, a well-known writer on the Science of Navigation and Nautical Astronomy." 
 — Shipping World. 
 
 Handsome Cloth. Fully Illustrated. Is. 6d. Posi-Jree. 
 
 MARINE METEOROLOGY, 
 
 FOR OFFICERS OF THE MERCHANT NAVY. 
 By WILLIAM ALLINGHAM, 
 
 Joint Author of "Navigation, Theoretical and Practical." 
 
 With numerous Plates, Maps, Diagrams, and Illustrations, and a facsimile 
 Reproduction of a Page from an actual Meteorological Log-Book. 
 
 SUMMARY OP CONTENTS. 
 
 IKTRODWJTOB.T.— Instruments TJsed at Sea for Meteorological Purposes.— Meteoro- 
 loeical Log-Books.— Atmospheric Pressure.— Air Temperatures.— Sea Temperatures.— 
 Winds —Wind force ScaleB.— History of the Law of Storms.— Hurricanes, Seasons, and 
 Storm Tracks.— Solution of the Cyclone Problem.— Ocean Currents.— Icebergs.— Syn- 
 chronous Charts.— Dew, Mists, Fogs, and Haze.— Clouds.— Rain, Snow, and Hail.— 
 Mirage, Rainbows, Coronas, Halos, and Meteors.— Lightning, Corposants, and Auroras.— 
 
 QUESTIONS.— APPENDIX.— INDEX. 
 
 " Quite the best publication, ahd certainly the most isteebstiko, on this subject ever 
 presented to Nautical men."— Shipping Qaatttc 
 
 * * For Complete List of Griffin's Nautical Sekies, see p. 39. 
 
 LONDON: CHARLE8 GRIFFIN & CO.. LIMITED, EXETER STREET. STRAND. 
 
42 OHARLBH GRIFFIN * CO.' 8 PUBLIOATIONB. 
 
 GRIFFIN'S NAUTICAL SERIES. 
 
 Second Edition, Revised. With Numerous Illustrations. 3s. 6d. 
 
 Practical Mechanics: 
 
 Applied to tlie Requirements of the Sailor. 
 By THOS. MACKENZIE, 
 
 Master Mariner, F.R.A..8, 
 General Contents. — Resolution and Composition of Forces— Work don* 
 by Machines and Living Agents— The Mechanical Powers: The Lever; 
 Derrioks as Bent Levers — The Wheel and Axle : Windlass ; Ship's Uapstan ; 
 Crab Winch — Tackles : the ' ' Old Man "—The Inclined Plane ; the Screw— 
 The Centre of Gravity of a Ship and Cargo — Relative Strength of Rope : 
 Steel Wire, Manilla, Hemp, Coir — Derricks and Shears — Calculation of the 
 Cross-breaking Strain of Fir Spar — Centre; of Effort of Sails — Hydrostatics : 
 the Diving-bell ; Stability of Floating Bodies ; the Ship's Pump, &c. 
 
 " This excellent book . . . containsta.LAitGE amount of information." 
 — Nature. 
 
 " Well worth the money . . . will be found exceedingly helpful." — 
 Shipping World. 
 
 "No Ships' Oiticehs' bookcase will henceforth be complete without 
 Captain Mackenzie's ' Practical Mechanics.' Notwithstanding my many 
 years' experience at sea, it has told me how much more there is to acquire."— 
 (Letter to the Publishers from a Master Mariner). 
 
 "I must express my thanks to you for the labour and care you have taken 
 In 'Practical Mechanics.' . . . It is a life's experience. . . . 
 What an amount we frequently see wasted by rigging purchases without reason 
 and accidents to Bpars, &c, &c. ! 'Practical Mechanics' would save all 
 *his." — (Letter to the Author from another Master Mariner). 
 
 WORKS BY RICHARD C. BUCK, 
 
 of the Thames Nautical Training College, H.M.S. ' Worcester.' 
 
 A Manual of Trigonometry: 
 
 With Diagrams, Examples, and Exercises. Post-free 3s. 6d. 
 
 Second Edition, Revised and Corrected. 
 * # * Mr. Buck's Text-Book has been specially prepared with a view 
 to the New Examinations of the Board of Trade, in which Trigonometry 
 la an obligatory subject. 
 
 "This eminently fractical and R&LiABLE volume." — Schoolmaster. 
 
 A Manual of Algebra. 
 
 Designed to meet the Requirements of Sailors and others. Price 3a ,6d. 
 
 *„* These elementary works on alqkbba and trigonombtst are written specially for 
 those who will nave little opportunity of consulting a Teacher. They are hooka far "mut 
 ■KEP." All but the simplest- explanations have, therefore, been avoided, and answbbs to 
 til* Exercises ore given. Any person may readily, by careful study-, becomo master of their 
 •ontents, aud thus lay the foundation for a further mathematical course, if desired. It is 
 hoped that to the younger Officers of our Mercantile Marine they will be found decidedly 
 ■ervice&ble. The Examples and Exercises are taken from the Examination Papers set for 
 the Oadeta of the ""Worcester." 
 
 "Clearly arranged, and well got up. . , .A first-rate Elementary Algebra. — 
 jViJuftwr' Magatim. 
 
 ***For complete List of Gbltfim's Nautical Series, see p. 39. 
 
 tBNDON: CHARLES GRIFFIN & CO., LIMITED, EXETER STREET. STBAMO. 
 
NAUTICAL WORKS. 43 
 
 gBIFFITTS NAUTICAL SSRIE8. 
 
 In Grown 8vo. Handsome Cloth. 4s. 6d. Post-free. 
 
 THE LEGAL DUTIES OF SHIPMASTERS. 
 
 BY 
 
 BENEDICT WM. GINSBTJKG, M.A., LL.D. (Cantab.)* 
 
 Of the Inner Temple and Northern Circuit ; Barrister-at-Law. 
 
 General Contents.— The Qualification for tho Position of Shipmaster— The Con- 
 tract with the Shipowner— The Master's Duty in respect of the Crew : Engagement • 
 Apprentices; Discipline; Provisions, Accommodation, and Medical Comforts, ; Payment 
 of wages and Discharge— The Master's Duty in respect of the Passengers— The Master's 
 Mnanoial Responsibilities— The Master's Duty in respect of the Cargo — The Master's 
 Duty in Case of Casualty— The Raster's Duty to oertain Public Authorities— Tbe 
 Master's Duty in relation to Pilots, Signals, Flags, and Light Dues — The Master's Duty 
 Upon Arritfll at th& Port of Discharge — Appendices relative to certain Legal Matters : 
 Board of Trade Certificates, Dietary Scales, Stowage of Grain Cargoes, Load Line Regula- 
 tions, Life-saving Appliances, Carriage of Cattle at Sea, &c, &c— Copious Index. 
 
 " No intelligent Master should fall to add this to his list of necessary books. A few lines 
 of it may save a lawyer's fbe, besides endless worst,"— Liverpool Journal of Commerce. 
 
 "SasraiBLB, plainly written, in clbab and non-technical language, and will be found of 
 UUCH BEHVica by the Shipmaster."— British $radi Review. 
 
 Second Edition, Revised. With Diagrams. 2b. Post-free. 
 
 Latitude and Longitude: 
 
 How to Find tfrerai. 
 
 By W. J. MILLAR, C.E„ 
 
 Late Secretary to the Inst, of Engineer* and Shipbuilders in Scotland. 
 
 " Concisely and clearly wbittbn . . . cannot but prove an acquisition 
 to those studying Navigation." — Marine Engineer. 
 
 " Young Seamen will find it handy and USEFUL, SIMPLE and CLEAR."— The 
 Engineer. 
 
 FIRST AID AT SEA. 
 
 Sboond Edition, Revised. With Coloured Plates and Numerous Illustra- 
 tions, and comprising the latest Regulations Respecting the Carriage 
 of Medical Stores on Board Ship. Post-free. 6s. 
 
 A MEDICAL AND SDRfilCAL HELP 
 
 FOR SHIPMASTERS AND OFFICERS 
 IN THE MERCHANT NAVY. 
 
 BY 
 
 WM. JOHNSON SMITH, F.R.O.S., 
 
 Principal Medical Officer, Seamen's Hospital, Greenwich. 
 
 ••* The attention of all Interested In our Merchant Navy is requested to this exceedingly 
 tuetol and valuable work. It is needleoB to ny that it it the outcome of many years 
 FB&enoAL bxperikhce amongst Seamen. 
 
 " SOUHD, JTJDICZOUB, BSAXJ.T hbljfel." — The Lancet. 
 
 * * For Complete List of Gtvamx's Nautical Series, see p. 39. 
 
 LONDON : CHARLES GRIFFIN ft' CO., LIMITED, EXETER STREET, STRAND, 
 
44 
 
 CHARLES GRIFFIN «fc CO.'S PUBLICATIONS. 
 
 GRIFFIN'S NAUTICAL SERIES. 
 
 Sixth Edition. Revised, with Chapters on Trim, Buoyancy, 
 
 and Calculations. Numerous Illustrations. Handsome 
 
 Cloth, Crown 8vo. 7s. 6d. 
 
 By THOMAS WALTON, Naval Architect. 
 
 SPECIALLY ARRANGED TO SUIT THE REQUIREMENTS OF SHIPS' OFFICERS, 
 
 SHIPOWNERS, SUPERINTENDENTS, DRAUGHTSMEN, ENGINEERS, 
 
 AND OTHERS. 
 
 This work explains, in a simple manner, such important 
 subjects as : — 
 
 Displacement, 
 
 Deadweight, 
 
 Tonnage, 
 
 Freeboard, 
 
 Moments, 
 
 Buoyancy, 
 
 Strain, 
 
 Structure, 
 
 Stability, 
 Rolling, 
 Ballasting, 
 Loading, 
 Shifting Cargoes, 
 Admission of Water, 
 Sail Area, 
 &c, &o. 
 
 " The little book will be found exceedingly handy by most officers and 
 officials connected with shipping. . . . Mr. Walton's work will obtain 
 LASTING success, because of its unique fitness for those for whom it has been 
 written." — Shipping World. 
 
 " An excellent work, full of solid instruction and invaluable to every 
 officer of the Mercantile Marine who has his profession at heart." — Shipping* 
 
 " Not one of the 242 pages could well be spared. It will admirably fulfil its 
 purpose . . . useful to ship owners, ship superintendents, ship draughts- 
 men, and all interested in shipping." — Liverpool Journal of Commerce. 
 
 " A mass of VERY USEFUL information, accompanied by diagrams and illus- 
 trations, is given in a compact form." — Fairplay. 
 
 " We have found no one statement that we could have wished differently 
 expressed. The matter has, so far as clearness allows, been admirably con- 
 densed, and is simple enough to be understood by every seaman."— Marine 
 Engineer. 
 
 BY THE SAME AUTHOR. 
 
 Steel Ships: Their Construction and Maintenance. 
 
 (See page 36.) 
 
 LONDON: CHARLES GRIFFIN & CO., LIMITED, EXETER STREET, STRAND. 
 
SNGINEERINQ AND MECHANICS. 45 
 
 Fourteenth Edition, Revised. Price 21s. 
 
 Vtmf Svo, Cloth. With Nmnerou* Illustrations, reduced frtm 
 
 Working Drawing*. 
 
 A MANUAL OP 
 
 MARINE ENGINEERING: 
 
 COMPRISING THE DESIGNING, CONSTRUCTION, AND 
 WORKING OF MARINE MACHINERY. 
 
 By A. E. SEAT ON, M.Inst. C.E., M. Inst. Mech. E., 
 M.Inst.N.A. 
 
 GENERAL CONTENTS. 
 
 Part I.— Principles of Marine 
 Propulsion. 
 
 Part II.— Principles of Steam 
 Engineering. 
 
 Part III.— Details of Marine 
 Engines: Design and Cal- 
 
 *»" This Edition includes a Chapter on Water- Tubs Boilers, with Illuttra- 
 nd 
 
 culations for Cylinders, 
 Pistons, Valves, Expansion 
 Valves, &c. 
 
 Part IV.— Propellers. 
 
 Part V.— Boilers. 
 
 Part VI. —Miscellaneous. 
 
 tions of the leading Types and the Revised Rules of the Bureau Vtrita*. 
 
 " In the three-fold capacity of enabling a Student to learn how to design, construct, 
 and work a Marine Steam- Engine. Mr. Seaton's Manual has NO rital."— Timet. 
 
 "The important subject of Marine Engineering is here treated with the tiiorodoh- 
 irsas that it requires. No department has escaped attention. . . . Gives the 
 results of much close study and practical work."— Engincerinm 
 
 "By far the best Manual in existence. . . . Gives a complete account of the* 
 methods of solving, with the utmost possible economy, the problems before the Marine 
 Engineer."— Athenceuvt. 
 
 'The Student, Draughtsman, and Engineer will find this work the host valuable 
 Handbook of Reference on the Marine Engine now in existenoe."— Marine Engineer. 
 
 Seventh Edition, Thoroughly Revised. Pocket-Size, Leather. 8s. 6d, 
 A POCKET-BOOK OF 
 
 MARINE ENGINEERING RULES AND TABLES, 
 
 FOB THE USE 07 
 
 Marine Engineers, Naval Architects, Designers, Draughtsmen, 
 Superintendents and Others. 
 
 BY 
 
 A. E. SEATON, M.I.O.E., M.I.Mech.E., M.I.N.A., 
 
 AND 
 
 H. M. ROTJNTHWAITE, M.I.Mech.E., M.I.N.A. 
 
 "Admirably fulfils its purpose."— Marine Engineer. 
 
 LONDON : CHARLES GRIFFIN & CO., LIMITED, EXETER STREET, 8TRAND. 
 
46 CHARLES GRIFFIN <fc CO.'S PUBLICATIONS. 
 
 WORKS BY PROF. ROBERT H. SMITH, Assoc.flU.CE., 
 
 M.LM.E., M.I.E1.E., M.I.Min.E., Whit Soh., M.OTd.Meiji. 
 
 THE CALCULUS FOR ENGINEERS 
 AND PHYSICISTS, 
 
 Applied to Technical Problems. 
 
 WITH EXTENSIVE 
 
 CLASSIFIED REFERENCE LIST OF INTEGRALS. 
 By PROF. ROBERT H. SMITH. 
 
 ASSISTED BY 
 
 R. F. MTJIRHEAD, M.A., B.Sc, 
 
 Formerly Clark Fallow of Glasgow University, and Lecturer on Mathematics at 
 Mason College. 
 
 In Crown Svo, extra, with Diagrams and Folding-Plate. 8a. 6i 
 " PmOE. It. H. Smith's book will be serviceable in rendering a hard road as bast as peaotic- 
 ablb for the non-mathematical Student and Engineer."— AtJunosum. 
 
 " Interesting diagrams, with practical illustrations of actual occurrence, are to be found here 
 En abundance. The very complete classified refbrekcb- table will prove very useful to 
 -Having the time of those who want an integral in a hurry." — TtwEngmeer. 
 
 MEASUREMENT CONVERSIONS^ 
 
 (English and Frenoh) : 
 
 28 GRAPHIC TABLES OR DIAGRAMS. 
 
 Showing at a glance the Mutual Conversion of Measubemknts 
 
 in Different Units 
 
 Of Lengths, Areas, Volumes, Weights, Stresses, Densities, Quantities 
 
 of Work, Horse Powers, Temperatures, &o. 
 
 For the use of Engineers, Surveyors, Architects, and Contractors. 
 
 In 4to„ Boards. 7s. 6d. 
 
 *»* Prof. Smith's Conversion-Tables form the most unique and com- 
 prehensive collection ever placed before the profession. By their use much 
 (time and labour will be saved, and the chances of error in calculation 
 diminished. It is believed that henceforth no Engineer's Office will be 
 considered complete without them. 
 
 •' The work Is invaluable."— Gollwrv Guardian. 
 
 "Ought to he in every office where even occasional conversions are required. . . . Prof. 
 Smith's Tablbs form very excellent checks on results."— Electrical Review. 
 
 " Prof. Smith deserves the hearty thanks, not only of the Emoihbbr, but of the Commercial 
 World, for having smoothed the way for the adoption of the Metric hyatem of Meabuilsmhii, 
 a subject which Is now assuming great. Importance as. a, factor, to maintaining our hoxb upon 
 
 BOWeir TRADE." — Tin Machinery Market. 
 
 LOiWJN: CHARLES GRIFFIN & GO., LIMITED, EXETER STREET, STRAND. 
 
ENGINEERING AND MECHANICS. 47 
 
 In Large Svo. Handsome Cloth. 10s. 6d. 
 
 CHEMISTRY FOR ENGINEERS. 
 
 BY 
 
 BERTRAM BLOUNT, akd A. G. BLOXAM, 
 
 F.I.0.,.F.0.S.,.A.I.0.E., E.I.O., F.O.S., 
 
 "Consulting Ohemlst to the Crown Agents for Consulting Chemist, Head of the Chemistry 
 
 the Colonies. Department, Ooldsmiths' Inst., 
 
 New Cross. 
 
 (JESTEBAL CONTENTS.— Introduction-Chemistry of the CMef Material* 
 of Genstrnetion— Sources of Energy— Chemistry of Steam-raising — Chemis- 
 try of Lubrication and Lubricants— Metallurgical Processes used in the 
 Winning and Manufacture of Metals. 
 
 " The authors have succeeded beyond all expectation, and have produced a work which 
 should giye fresh kowbr to Ihe Engineer and Manufacturer." — The Timet. 
 
 "Practical throughout ... an admirable tbxt-book, useful not only to Students! 
 *ut .to Exoihrbrs and MiAHAanEa o? wouks in prrvmiino wastb and iMraovi»a pROcassm — 
 Booitman. 
 
 "A book worthy to take Hion rank . . , treatment of the subject of gassous Fuji 
 particularly good. , . . Waxes, OAS and Its production clearly worked out. . . . Wo 
 warmly recommkmd the work."— Journal ofQm Ltghtma. 
 
 For Companion Volume by the same Authors, see " Chemists* 
 fok MANUFAfJTURiiKS," p. 71 General Catalogue. 
 
 Works by WALTER R. BROWNE, M.A., M.lNST.C.E., 
 
 Late Fellow of Trinity College, Cambridge. 
 
 THE STUDENT'S MECHANICS: 
 
 An Introduction to the Study of Force and Motion. 
 
 With Diagrams. Crown 8vo. Cloth, 4s. 6d. 
 " Ooar in style and ranctical in method, 'Thr STUOTJrr'a Mrchjujics' is cordially to bo 
 OeBRineaded from all points of view. " — AtfoftteKm. 
 
 FOUNDATIONS OF MECHANICS. 
 
 Papers reprinted from the Enginur. In Crown 3vo, is, 
 
 Demy 8vo, with Numerous Illustrations, 9s. 
 
 FUEL AND WATER: 
 
 A Manual for Users of Steam and Water. 
 
 B? Pbof. FRANZ SCHWACKH0FER cur Vienna, and 
 
 WALTER R. BROWNE, M.A., C.E. 
 
 r„.™,Ai Contents.— Heat and Combustion— Fuel, Varieties of— Firing Airange- 
 
 JSTT&rETnSi Chimney-no Boiler Choice of-Variedes-^oed-water 
 
 SStara-Steam Pipes-Water : Composition, Purification-Prevention of Scale, &c, &c. 
 
 " The Section- on Heat is one of the best and most lucid ever written."— Engineer. 
 
 •• Cannot fail to bo raluable to thousands using steam power. —Ratmutj Exfaurr. 
 
 ToNDON : CHARLES GRIFFIN 4 CO., LIMITED, EXETER STREET, STRAND. 
 
48 CHARLES GRIFFIN 4 OO.'S PUBLICATIONS. 
 
 Second Edition, Revised and Enlarged. 
 
 With Tables, Illustrations in the Text, and 37 Lithographic Plates. Medium 
 8vo. Handsome Cloth. 30a 
 
 SEWAGE DISPOSAL WORKS: 
 
 A Guide to the Construction of Works for the Prevention of the 
 Pollution by Sewage of Rivers and Estuarie* 
 
 By W. SANTO CRIMP, M.Inst.C.R, F.G.S., 
 
 Late Assistant-Engineer, London County Council 
 
 PART I.— Introductory. PART II.— Sewage Disposal Works in 
 Operation— Their Construction, Maintenance, and Cost. 
 
 \* From the fact of the Author's having, for some years, had charge of the Main 
 Drainage Works of the Northern Section of the Metropolis, the chapter on London will be 
 found to contain many important details which would not otherwise have been available. 
 
 " All persons interested in Sanitary Science owe a debt of gratitude to Mr. Crimp. . . . 
 His work will be especially useful to Sanitary Authorities and their advisers . . . 
 
 ■HWENTLY PRACTICAL AND USEFUL . . . glVCB plans and descriptions Of MANY OF TK3 
 
 host important sswagr works of England . • . with very valuable information as to 
 the cost of construction and working of each. . . . The carefully-prepared drawings per- 
 mit of an easy comparison between the different systems-" — Lancet 
 
 "Probably the host couplets and sut treatise on the subject which has appeared 
 in our language . . Will prove of the greatest use te all who have the problem of 
 
 Sewage Disposal to face." — Edinburgh Medical J ourftal. 
 
 In Crown 8vo, Extra. With Illustrations. 86. 66>. 
 
 CALCAREOUS CEMENTS: 
 
 THEIR NATURE, PREPARATION, AND USE8. 
 
 ■Witts. Borne Remarks upon CcsKraen* T'eaifclM jj# 
 
 By GILBERT R. REDGRAVE, Assoc. Inst. C.E., 
 
 Assistant Secretary for Technology, Board of Education, South Kensington. 
 
 General Contents. — Introduction — Historical Review of the Cement 
 Industry — The Early Days of Portland Cement — Composition of Portland 
 Ctment — Processes of Manufacture — The Washmill and the Backs — 
 Flue and Chamber Drying Processes — Calcination of the Cement Mixture — 
 Grinding of the Cement — Composition of Mortar and Concrete — Cement 
 Testing — Chemical Analysis of Portland Cement, Lime, and Raw 
 Materials — Employment of Slags for Cement Making — Scott's Cement, 
 Selenitic Cement, and Cements produced from Sewage Sludge and the 
 Refuse from Alkali Works — Plaster Cements — Specifications for Portland 
 Cement — Appendices (Gases Evolved from Cement Works, Effects of Sea- 
 water on Cement, Cost of Cement Manufacture, &c, &c.) 
 
 " A work calculated to be of great and extended utlutt."— Chmical Ntvt. 
 
 " Invaluable to the Student, Arohiteot, and Engineer."— Building A'iw* 
 
 " A work of the giieatest interest and usefulness, which appeals at a very orttteal 
 period of the Cement Trade."— Brit. Trait Journal. 
 
 11 Will be useful to all Interested In the xahotaoturb, use, and TKBTZna of Cements.'*— 
 Mnfinier. 
 
 LONDON : CHARLES GRIFFIN & CO., LIMITED, EXETER STREET, STRAND. 
 
ELECTRICAL ENGINEERING. 49 
 
 §6. ELECTRICAL ENGINEERING. 
 
 In Large $vo. Handsome Cloth. Profusely Illustrated with Plates, 
 Diagrams, and Figures. 24s. net. 
 
 CENTRAL ELECTRICAL STATIONS: 
 
 Theip Design, Organisation, and Management. 
 
 Including the Generation and Distribution of Electrical 
 
 Energy. 
 
 By CHAS. H. WORDINGHAM, 
 
 A.K.C., M.Inst.CE., M.Inst.Mech.E., 
 
 Late Member of the Council of the Institute of Electrical Engineers, and Electrical 
 
 Engineer to the City of Manchester. 
 
 CONTENTS. 
 
 Introductory.— Central Station Work as a Profession.— Central Station Supply as an In- 
 vestment— The Establishment of a Central Station —Systems of Supply.— Choice of Site- 
 Architectural Features. — Choice of Plant and General Design. — Boilers. — Systems of 
 Draught and Waste Heat Economy.— Methods of Firing Boilers.— Coal Handling, Weighing, 
 and Storing. — Feeding of Boilers. — The Transmission of Steam. — Generators. — Condensing 
 Appliances. — Switching Gear, Instruments, and Connections. — Distributing Mains. — Drawing- 
 Mi Systems. — Built-in Systems, Dielectrics. — Insulation, Resistance, and Cost. — Distributing 
 Networks —Service Mains and Feeders. — Testing of Mains. — Recording and Laying of 
 Mains. — Meters and Appliances on Consumers' Premises. — Standardising and Testing Labor- 
 atory. — Secondary Batteries. — Street Lighting. — Cost of Production. — Methods of Charging. 
 — Regulations of Consumer's Installations. — General Organisations of a Central Station — - 
 The Generating Station. — The Mains Department. — The Installation Department. — The 
 Standardising Department. —The Drawing Office, Transforming Stations, and Street Light- 
 ing.— Tlie Clerical Department — The Consumer. — The Routine and Main Laying. — Index- 
 
 "One of the most valuable contributions to Central Station literature we have had 
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 volume before us." — Electricity. 
 
 MUNRO ft JAMIESON'S ELECTRICAL POCKET-BOOK. 
 
 Sixteenth Edition, Thoroughly Revised and Enlarged. 
 
 A POCKET-BOOK 
 
 OP 
 
 ELECTRICAL RULES & TABLES 
 
 FOR THE USE OF ELECTRICIANS AND ENGINEERS. 
 
 By JOHN MUNRO, C.E., & Prof. JAMIESON, M.Inst.CE., F.R.S.E. 
 
 With Numerous Diagrams. Pocket Size.. Leather, 8s. 6d. 
 
 GENERAL CONTENTS. 
 
 Units of Measurement Measures. — Testing. — Conductors. — Dielectrics. — Submarine 
 
 Cables. — Telegraphy.— Electro-Chemistry. — Electro-Metallurgy.— Batteries.— Dynamos and 
 Motors.— Transformers.— Electric Lighting.— Miscellaneous.— Logarithms.— Appendices. 
 
 " Wo»diifui.lv Perfect. . . . Worthy of the highest commendation we os 
 giro it." — Electrician. 
 
 "The Sterling Value of Messrs. Mimao and Jameson'* Pocket-Boob."— 
 Mitctricmi Revitw. 
 
 LONDON : CHARLES GRIFFIN & CO., LIMITED, EXETER STREET, 8TRAND. 
 
So CHARLES GRIFFIN <t CO.'S PUBLICATIONS. 
 
 By PROFESSORS J, H. POYNTING & J. J. THOMSON. 
 
 In Five Volumes. Large 8vo. Sold Separately. 
 
 A TEXT-BOOK OF PHYSICS: 
 
 OOMPBISINO 
 
 PROPERTIES OF MATTER; SOUND; HEAT; MAGNETISM 
 AND ELECTRICITY; AND LIGHT. 
 
 BY 
 
 J. H. POYNTING, J. J. THOMSON, 
 
 BC.D., F.R.8., AND M - A -i '-B-B-I 
 
 Lite Follow of Trinity College, Cambridge; Fellow of Trinity College, Cambridge; Put 
 
 Professor of Physics, Birmingham of Experimental Physics in the UnTvenlty 
 
 University. of Cambridge. 
 
 Introductory Volume, fully Illustrated. Second Edition, Revised. 
 Price 10s. 6d. 
 
 PROPESR^TIEiS OIF 1 MATTER. 
 
 Coktontb. — Gravitation. — The Acceleration of Gravity. —Elasticity.— Stresses and 
 Strains.— Torsi on. —Bending of Hods.— Spiral Springs.— CoUiBion.— Compressibility of 
 Liquids.— Pressures and Volumes of Gases.— Tbermal Effects Accompanying Strain.-— 
 Capillarity.— Surface Tension.-— Laplace's Theory of CapiLarity.— -Diffusion of Llqutdi- 
 Dtffuslon of Gases.— Viscosity of Liquids.— Index. 
 
 Volume II. Second Edition. Fully Illustrated. Price 8a. 6d. 
 
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MEDICINE AND THE ALLIED SCIENCES. 51 
 
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