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Section 91, Act 1855. Section 92, Act 1855. Section 93, Act 1855. executing these Acts. Section 94, Act 1855.

Passengers to be competent as witnesses.
Tender of amends.

Limitation of actions against officers

Limitation of legal proceedings generally.
Voyages from the Colonies.

Section 95, Act 1855. Section 96, Act 1855. with exceptions.

Colonial voyages defined.

Extension of Act to "Colonial voyages,"

Governors may proclaim length of Section 97, Act 1855. voyages, with scale of diet, medicines, &c. Copy of such proclamation to be evidence and enforceable in any part of British dominions. Section 98, Act 1855. Provision for survey of ships and appointment of surgeons in the Colonies.

Section 99, Act 1855. Governor-General of India may adopt the Act.

Voyages to the United Kingdom.

Section 100, Act 1855. List of passengers brought into the United Kingdom to be delivered to an Emigration Officer, by whom returns of births and deaths at sea are to be made to Registrar-General. Section 101, Act 1855. Number of passengers limited by tonnage and space, as in the case of passenger ships from the United Kingdom. Section 102, Act 1855. Provisions and water to be issued to passengers brought into the United Kingdom.

Appendix to Acts.

Sections 5, 6, and 7, Act 1872. Transfer of administration of Passenger Acts to Board of Trade by Sections 5, 6, and 7 of Merchant Shipping Act, 1872.

Passengers' Amendment Act 1870. Conveyance of naval and military stores authorised in passenger ships.

Copy notice in London Gazette of June 7, 1864, reducing declared length of voyage for certain steamers to North America.

Copy notice in London Gazette of June 9, 1882, amending entire scale for computation of voyages.

Copy notice in London Gazette of April 29, 1856, authorising shipowners to use another victualling scale instead of scale B in section 35 of Passenger Act, 1855.

Order in Council of August 9, 1866, requiring ships with fifty passengers to carry a surgeon on any voyage.

Order in Council of February 3, 1863, for preserving order in passenger ships to Victoria carrying as many as ten unprotected females.

Order in Council of January 7, 1864, for promoting order and health in passenger ships.

Order in Council of June 28, 1875, respecting distilling apparatus in passenger ships.

Section 37, Act 1874. As to registration of births and deaths at sea. Entry by master in official log book, and copy of same to be delivered to Registrar-General of Births and Deaths.

Suggestions by Board of Trade in official notice to masters of emigrant ships respecting boats and fire at sea (see Merchant Shipping Life Saving Appliances Act, 1888).

Sections 18, 19, and 20 of the Merchant Shipping Act, 1876. Provisions against double survey of passenger ships. Survey of

foreign passenger steamer or emigrant ship. Power of Board of Trade to modify Passengers' Acts as to food, space, and accommodation in emigrant ships.

DIGEST OF MERCHANT SHIPPING ACTS.

MERCHANT SHIPPING ACT, 1854.

PART I.-Powers of Board of Trade and its Officers.-Sections I to 16. Board of Trade has superintendence of all matters relating to merchant ships and seamen. Board to issue all instruments for carrying Act into effect, which are exempted from stamp duty. Penalty for forging seal and for fraudulent substitution of forms, &c. All fees and payments received by Board of Trade to go to Mercantile Marine Fund, and all fines to Consolidated Fund. Powers to Board's officers, including superintendents of mercantile marine offices, customs officers, and consuls to muster crews and inspect ship's papers. Board of Trade inspectors may report upon accidents or damage, &c., examine witnesses on oath, and inspect documents. Penalties for non-compliance and obstruction.

PART II.-Deals with British Ships-their Ownership and Registry.-Sections 17 to 29. Application of this part of Act to all Her Majesty's dominions. Ownership of British ships to be vested in British subjects or naturalised citizens, or bodies corporate legally established. British ships to be registered with following exceptions: (1) Those registered before operation of Act. (2) Ships not exceeding 15 tons burthen employed in the coasting trade of United Kingdom, or in British possessions where managing owners reside. (3) Ships not exceeding 30 tons burthen without whole or fixed deck, and employed solely in fishing or trading within waters of British North America as defined. Ships not legally registered not entitled to recognition as British ships and not permitted to proceed

to sea.

Rules for Measurement of Tonnage.-Computation of areas, allowances, ships measured, under Rule II., with cargo on board for purposes other than registry, ascertained tonnage to be deemed correct until remeasurement. Remeasurement of registered ships may be made, but not compulsory. Remeasurement of engine rooms improperly extended, provided. See Merchant Shipping (Tonnage) Act, 1889.

Registry of British Ships.-Sections 30 to 33. Registrars in United Kingdom and British possessions are the collectors and principal officers of customs; in Crown Colonies, governors. Application for registry and prior survey. Declaration of ownership by individuals and body-corporate. Penalty on builder for false certifi No notice taken of trusts.

cate.

Certificate of Registry.-Sections 44 to 54. Certificates of Registry to be granted. Changes of owners and masters to be endorsed. Power to grant new certificate provided. Provision in case of loss. Provisional certiñcates to be delivered up. Custody of certificate. Delivery may be required under penalty for detention. Legal proceedings. Penalty for using improper certificate. ships lost or ceasing to be British to be delivered up, &c.

Certificates of

Transfers and Transmissions. -Sections 55 to 65. Transfer of ships or shares therein. Declaration by transferee. Registration of transfer. Transmission of shares by death, bankruptcy, and marriage with necessary proof. Unqualified owners entit

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-Sect as 66 to 108. Mortgages of ships and shares. Remerges and their priority. Certificates of mortgages as and les ann cable thereto. New registry and transfer of ported on change of ownership. Penalties for forging Setes and for false declaration of national character of ship.

PART III-Masters and Seamen.

Marine Buri-Section 100.-Application of this part of Sections 110: 121.-Establishment of Local Marine Boards where already in existence, and at such other ports as Board & Dade apoint. Flection of members. Owrers of foreign-going or home are passenger ships have one vote for every 250 tons of ng kami member of votes to be ten for any one person. Vogowers of it owners. List of voters to be kept by Colcer & Carers, and revised every three years. Persons entitled to we are adr eet led to election. Board of Trade may appoint ores on Board

leze Offs-Section 10 of Merchant Shipping Act, Name of Shipping Offices" Sections 122 to 130. Kas mest of wing offices at Local Marine Board ports. Tax. Le Bands may appoint and control officials of those Mos detor numer and salaries controlled by Board of Trade. e onces to be the engagement and discharge of seawww.wwert Presence on board, and facilitating sea appren. sx de de. Penalties against officials for misconduct. Board Calrondret business of these offices at Custom Houses, We stood Marine Boards exist, and at Sailors' Homes in London www direct control.

Franco and Cortines of Masters and Mates.-Sections Examinations are instituted for masters and mates for 1080 of petency. Local Marine Boards, where established, Aday evenates and appoint examiners under sanction and gels of Baard of Trade. Powers of Board of Trade to grant www: 55rvice to officers of certain rank in navy, and to others. De maessary in certain Ships.-Foreign-going wast se trade passenger ships, before proceeding to sea fr No, must each have a master possessing an apr Xmpetency or service. In addition, a

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w and in a home trade passenger ship the fir axe se mer be, possessed of an appropriate ANY or service Ships of 100 tons burth A so unless at least one officer beside wate as only mate, or one of a high plance and against persons for Ky ships are available for Amity of Registrar-General of S 16 and record of certificates an

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at a Mercantile Marine Office within seven days after date. Assignments, desertions, cancellations, deaths, also to be reported. Apprentices to be brought before superintendent before each voyage in a foreign-going ship, and indentures produced.

Engagement of Seamen.-Sections 146 to 167. Board of Trade may license persons to procure seamen. Penalty against unlicensed persons supplying seamen (£20), and against employment of unlicensed persons, or receiving seamen illegally supplied (£20): penalty for receiving remuneration from seamen for shipping them, £5. Agreements with Seamen.-Masters of every ship, except of ships less than 80 reg. tons employed in the coasting trade, must have agreements with their crews in the form sanctioned by the Board of Trade. Colonial ships may have agreements according to the law of their own possessions. All foreign-going British ships must have their agreements signed in the presence of a superintendent of Mercantile Marine. Agreements to be in duplicate, one copy being retained for Registrar-General of Seamen. Substitutes in the place of men who have signed, but have not kept their engagements from unforeseen causes, should, where practicable, be engaged at Mercantile Marine Office, but, if otherwise, should have the agreement read, and their signatures therein attested by a witness.

Running Agreements.-Foreign-going ships making voyages averaging less than six months may have running agreements; those must expire on the next following 30th June or 31st December, or on first arrival at port of destination in United Kingdom after such date, or upon discharge of cargo consequent upon arrival. Changes in crew on these agreements must be made at Mercantile Marine Office. Indorsement on agreement by master, necessary that all such changes have been duly made, and penalty for false endorsement, £20. Home trade ships not compelled to sign agreements at Mercantile Marine Office, but the agreement must be duly read, and the signatures of the crew attested by a witness before vessel puts to sea, or as soon after as possible. Shipping a seaman without obtaining due execution of agreement, is an offence entailing a penalty of £5 against master; like penalty provided against master or owner in case of a home trade ship. Changes in crews of foreign-going ships shall be reported by master before leaving United Kingdom, to nearest superintendent, under a penalty of £5. Seamen engaged in Colonies to be shipped before Shipping Master or Officer of Customs. Seamen engaged abroad must be shipped by the master before Consul, under a penalty of £20. Certificates of competency or service of master and necessary officers must be produced at Mercantile Marine Office on engagement, before outward clearance granted.

Deposit of Agreements.-Agreements of foreign-going ships to be delivered at Mercantile Marine Office within 48 hours after arrival in United Kingdom, or upon discharge of crew, whichever first happens. Certificate of delivery or inward clearance (BB) then granted; penalty provided for non-delivery.

Home Trade Agreements.-Not to extend beyond next following 30th June, or 31st December, or first arrival in United Kingdom after such dates, or on discharge of cargo consequent upon such arrival; home trade Agreements to be delivered to superintendent within 21 days after the dates of each half-year above. CC clearance then granted. In home trade passenger ships the production of the necessary certificate of master and officers also necessary. A

SHIPPING WORLD

penalty of £5 incurred for default. Alterations in agreements void unless attested and made with consent of all parties. Falsifying agreement a misdemeanour. A copy of agreement must be made and put where accessible to crew at commencement of voyage, under a penalty against master of £5. Seamen discharged before voyage after signing agreement, entitled besides any wages earned, to compensation not exceeding one month's wages.

Allotments of Wages.-Sections 168 to 169. Regulations as to grant of allotment notes. Allotment notes may be sued on summarily by certain relatives of seamen. (See also M.S. Act, 1880, section 3.)

Discharge and Payment of Wages.-Sections 170 to 176. (See also M.S. Act, 1880, section 4.) Discharge of seamen in foreigngoing ships to be before Superintendent of Mercantile Marine, master to deliver account of wages to each seaman. On discharge, master to give seamen certificates of discharge, and return certifi cates of competency or service to officers. Superintendent may decide questions referred to him by parties in disputes, his decision being final. Settlement of wages and signatures to release. Master to make reports of character of seamen.

Remittances of Wages and Savings Banks.-Sections 177 to 180. (See also M.S. Act, 1880, section 3.) Facilities by Board of Trade for remitting seamen's wages, allotment money, and establishment of savings banks at Mercantile Marine Offices.

Legal Rights of Seamen to Wages.-Sections 181 to 187. Legal rights to wages under different circumstances defined, period within which to be paid. (See also M.S. Act, 1880, section 4.)

Mode of recovering Wages.-Sections 188 to 191. Seamen may sue in a summary manner before justices except where sum amounts to over 50, when proceedings must be in a superior court. Masters' remedies for recovery of wages same as seamen's.

Relief to Seamen's Families out of (Poor Rates.-Sections 192 to 193. Relief to seamen's families chargeable against wages, and notice to be given by owner and charge to be enforced on return of

seamen.

Wages and Effects of Deceased Seamen.-Sections 194 to 204. Master to take charge of effects and pay, and hand over same with wages to Consul or Superintendent of Mercantile Marine. Accounts to be rendered and penalties for neglect. Administration of estates of deceased seamen by Board of Trade. Mode of payment under wills and provision for payment to creditors, &c. Unclaimed wages go to Consolidated Fund.

Leaving Seamen Abroad.—Sections 205 to 213. Seamen discharged abroad to receive proper certificate of discharge before Consul, and to be sent home at owner's expense. Forcing seamen on shore a misdemeanour. No seaman to be left abroad without certificate of some functionary. Wages to be paid when seamen left behind on ground of inability, such wages to be treated as money due to seamen, subject to payment of passage and subsistence home. Distressed seamen may be sent home at public expense, and masters of ships compelled to take them.

Volunteering into the Navy.-Sections 214 to 220. Conditions under which seamen are allowed to leave their ships in order to enter the Navy, and regulations as to payment of wages to Queen's officer on account of such seamen, &c.

Provisions as to Health and Accommodation.-Sections 221 to

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