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Passenger steamships when to be surveyed. Powers of surveyors and nature of inspection. Passenger certificates and power of Board of Trade to cancel or grant. Penalty for carrying passengers in excess of number specified in certificate. Twelve persons allowed to be carried in any ship other than the master and crew, the owner, and his family and servants, without certificate. (See Merchant Shipping Act, 1876, section 16.) Offences against Act.
PART V.- Pilotage. (See also Merchant Seamen's Pilotage Act, 1889). Sections 330 to 338. This part of Act applies to United Kingdom only. General jurisdiction of Pilotage Authorities and power to exempt from compulsory pilotage. Regulations as to grant of licences and certificates, and to alter and reduce rates as well as limits of pilotage districts. Power to make bye-laws, reserving liberty of persons aggrieved to appeal to Board of Trade to rescind or annul same. Pilotage authorities to make full returns to Board of Trade of particulars of pilotage. Power to transser powers of local authorities in case of their failure to Trinity House." Masters and mates may, if examined and passed, be licensed to pilot particular ships. Pilot boats to be licensed and marked with certain characteristics. Pilot licences to be registered, and delivered up when required or on death.
Compulsory Pilotage. -- Mode of enforcement and penalties. Hoine trade passenger ships to employ qualified pilots, unless they have certificated masters and mates. Mode of granting certificates as pilots to masters and mates.
Rights, Privileges, and Remuneration of Pilots.--Penalties for receiving or offering improper rate. Allowances. Penalties for unqualified persons acting. Occasions when unqualified persons may act in absence of licensed pilot or when ship in distress. Offences of pilot for misconduct, &c. Trinity House powers. To alter regulations and appoint sub-commissioners, &c. Compulsory pilotage in London district. Penalty on masters failing to display usual signal-flags passing Dungeness. Exemptions of certain ships not carrying passengers from compulsory pilotage in London and Trinity House outport districts. Rates of pilotage (Trinity House) and payments to be made to pilot fund (Trinity House).
PART VI.--Lighthouses. Management of Lighthouses.-Sections 389 to 416. Buoys and beacons to be in control of Trinity House, Commissioners of Northern Lighthouses, &c. Powers of inspection granted in Scotland and Ireland. Board of Trade possess powers to inspect.
Light Dues. -Power to levy. Dues subject to revision by Her Majesty in Council. Ship not to be cleared without production of receipt for light dues. Power to lighthouse authorities to erect lighthouses, buoys and beacons, and collect dues therefor.
Surrender of Local Lighthouses.- May be surrendered to general lighthouse authorities.
Damage to Lights, Soc.—Penalty for injuring £50.
Prevention of False Lights.- Power to prohibit ; and, if not obeyed, power to abate.
PART VII.-Mercantile Marine Funt. Sections 417 to 431 (see also Mercantile Marine Fund Act, 1884). Sums to be carried to Mercantile Marine Fund and application thereof. Fund includes light dues and all sums and sees received by Receivers of Wreck in Part VIII. of Act. Power of Treasury to advance money for lighthouse purposes. Board of Trade may borrow on credit of Fund. Lighthouse authorities to account for moneys to Board of Trade. Ships of lighthouse authorities exempt from harbour dues.
PART VIII.—Wrecks, Casualties, andl Salvage. Sections 432 to 501 (see also Merchant Shipping Act, 1876). Inquiries into wreck. Inquiries may be instituted. Formal investigation before justices. Stipendiary magistrates' powers. Certificates of competency or service of officers may be required to be delivered up until close of inquiry.
Appointments and Duties of Receivers of Wreck. - Board of Trade given powers to appoint. Powers of Receiver in case of accidents. All articles washed ashore to be delivered to Receiver. Powers to suppress plunder and disorder, General powers in cases of distress. Power to examine on oath and obtain declarations. Persons finding wreckage to deliver up same and give notice. Powers of seizure of wreckage.
Salvage.-Salvage payable in respect of services in the United Kingdom. Board of Trade may pay salvage in respect of preserva. tion of life out of Mercantile Marine Fund. Settlement in case of dispute lest to Justice of Peace where amouot is not above £200, above this sum to Court of Admiralty in England or Ireland and Court of Session in Scotland. Payment apportionment and method of enforcing salvage moneys. Unclaimed wreck to be sold; also to be given up to Lord of Manor in certain cases. Jurisdiction of High Court of Admiralty and offences in respect of wreck. Salvage by Her Majesty's ships not allowable in respect to risk of Her Majesty's property. Admiralty must consent before claim by naval ships for salvage. Voluntary agreements may be made effective. (See also 27 and 42.)
PART IX.-Liability of Shipowners. Sections 502 to 516. Applies to all Her Majesty's dominions. Limitation of liability. Owner not liable in respect of certain articles. Provision for separate losses.
Mode of Procedure.-In cases of loss of life or personal injury. Power of Board of Trade in proceedings. If Board of Trade decline to institute proceedings, individuals may bring actions. Proceedings in case of several claims on owner, &c., &c.
Part X.- Legal Procedure. Sections 517 to 543. Punishment of offences and recovery of penalties. Stipendiary magistrate to have same powers as two jusiices. Offence deemed to have been committed where same arose, or where offender may be. Jurisdiction over ships on the coast. Service of summons or other document good if personal or on board ship. Distress on ship for sums ordered to be paid. Limitation of time in summary proceedings. Power to arrest foreign ship given in case of damage. Power to detain ships in certain cases before application made to Judge of Admiralty.
Legal Procedure in Scotland. -Offences, complaints, evidence, and penalties defined.
Part XI.-Miscellaneous. Sections 548 to 551. Contracts may be made wita nat.ves in India, binding them to go to Australia, and thence to serve in other ships of United Kingdom. Sailors' Homes. Corporations may grant sites for sailors' homes. Colonial Legislatures may alter provisions of Act. Expenses incurred by Commissioners of Customs in suits or prosecutions under this Act may be paid out of Consolidated Fund.
MERCHANT SHIPPING (AMENDMENT) ACT, 1855. An Act lo facilitate erection and maintenance of Colonial lighthouses. Gives power to fix dues, to be levied with consent of Colonial Legislature. Extends powers of relieving destitute seamen to Colonies, as provided under Part III. of Merchant Shipping Act, 1854. Power of relief to destitute Lascar seamen, &c.
SEAMEN'S SAVINGS BANK ACT, 1856. Power to Board of Trade to establish savings banks for seamen, and to constitute Mercantile Marine offices branch savings banks. Commissioners for Reduction of National Debt to receive deposits and pay interest. Board of Trade to make regulations for conduct of banks. Punishment for forgery or for false representations in order to obtain deposits or interest. Mode of criminal proceedings. (See also Merchant Shipping Act, 1880, section 3, as to payment of allotments to savings banks by seamen.)
MERCHANT SHIPPING Acis, &c., AMENDMENT Act, 1862. Sections 3 to 4. Equities not excluded by Merchant Shipping Act, 1854. Tonnage rates under local Acts may be levied on the registered tonnage.
Certificates for Engineers.-Sections 5 to 12 (see also Part III. Merchant Shipping Act, 1854). Steamships to carry certificated engineers. A foreign-going steamship, if over 100 nominal horse power, must have two engineers : the first possessing a “first-class certificate," the second a "second-class certificate,” or one of a higher grade. Every foreign-going steamship of less than 100 nominal horse power shall have an engineer possessing a “second-class engineer's certificate," or one of a higher grade. Every sea-going home trade passenger steamship must have as its only or first engineer an engineer possessing a " second-class certificate," or one of a higher grade. Examinations for engineers' certificates of competency instituted under Board of Trade. Power of Board of Trade and Local Marine Boards to investigate charges of misconduct against engineers and cancel or suspend certificates.
Masters and Seamen.-(See also Part III. of Merchant Shipping Act, 1854.) Sections 13 to 38. Part III. of Act to apply to fishing boats, lighthouse vessels, and pleasure yachts, with certain exceptions. Title of shipping masters in principal Act of 1854 changed to superintendents, and term "shipping offices” to “ mercantile marine offices." Punishment for embezzlement in mercantile marine offices provided. Payment of wages to seamen abroad under Section 209 of principal Merchant Shipping Act, 1854, may be made by Bill under certain circumstances.
Deceased Seamen's Wages.- Board of Trade have power to recover from owner same as wages earned. Ships not heard of within 12 months to be deemed lost. Relief of distressed seamen to be regu. lated by Board of Trade. (See Sections 211 and 212 of Act of 1854.)
Cancelling Certificates of Masters, Mates, and Engineers. -Power of cancelling rests with Court that hears case. Certificate to be delivered up under penalty when suspended or cancelled.
Safety.-Sections 25 to 38. Regulations re lights. Fog signals and sailing rules. Regulations to be published, and masters and owners bound to obey them. Breach of regulations to imply wilful default of person in charge. Board of Trade surveyors have power to inspect for enforcing regulations. Rules for harbours under Local Acts to be in force. In collisions one ship bound to assist other. Surveys of steamers and penalties provided against passengers and others for misconduct.
Pilotage.--(See also Merchant Seamen's Pilotage Act, 1889.) Sections 39 to 42 (see also Part V. Merchant Shipping Act, 1854). Powers of local authorities to exempt from compulsory pilotage. Provisional orders of Board of Trade may transfer pilotage juris. diction and make arrangements as to rates and districts, &c.
Lighthouses.-(Part VI., M.S. Act, 1854.) Sections 43 to 48. Lights under local authorities to be inspected by Trinity House and other general authorities. Liability for and recovery of light dues provided. Application of accounts and dues.
Wreck and Salvage.--(See Part VIII. M.S. Act, 1884.) Sections 49 to 56. Summary Jurisdiction Act extended in small salvage cases. Receiver may appoint a valuer. Crown rights to wreck unclaimed provided.
Liability of Shipo:omers.--(See also Part IX. of M.S. Act, 1854.) Sections 54 to 56. Shipowners' liability limited in being answerable for damage for loss of life or personal injury to extent of £15 for each ton of his ship's tonnage ; nor in respect of loss or damage to ships' goods or merchandise beyond £8 per ton (registered tonnage). Proof of passengers on board ship may be accepted from master's list or duplicate list under “Passengers' Act, 1885.”
Arrangements concerning Lights, Sailing Rules, Salvage, and Measurement of Tonnage in case of Foreign Ships.-Sections 57 to 64. Foreign ships in British jurisdiction subject to regulations for preventing collisions at sea. Power of foreign Powers to adopt regulations which may be applied to their ships on high seas. Provisions concerning salvage applicable to foreign Powers with their consent. Foreign countries adopting British measurement need not be remeasured in thiscountry. Orders in Council and their effect.
Delivery of Goods and Lien for Freights.-Sections 66 to 78. Interpretation of terms. Power of shipowners to enter and land goods in default of entry and landing by owner of same. If when landed and shipowner gives notice his lien for freight continues. Lien may be discharged on payment of freight. Warehouse owner may sell goods by public auction after 90 days, if freight not dis. charged. How sale of goods effected and application of proceeds.
Schedule to Act, Table A, Enactments repealed. Table B, Fees chargeable on examination of Engineers. Table C, Regulation for preventing collisions at sea.
MERCHANT SHIPPING Act, 1867. Medicines, Medical Stores, and Anti-Scorbutics, -Lime or lemon juice and other anti-scorbutics are to be provided and kept on board Certain ships, viz. :- All foreign-going ships, except those bound to European ports or Mediterranean, and those bound to eastern coast of North America, north of 35th deg. of N. latitude. Lime and lemon juice and sugar to be served out daily at the rate of an ounce per day to each member of crew Penalty provided against seamen for refusal to take same. Medicines and medical stores to be kept on board all ships being navigated between the United Kingdom and places outside it, according to Board of Trade pub. lished scale. Lime or lemon juice to be obtained from bonded warehouse, and to be of due strength, and properly inspected. Penalty provided for selling medicines of bad quality, &c. Seamen's expenses in case of illness through neglect of owner or master to be paid by them. Seaman forfeits his wages when illness is caused by his own default.
Accommodation of Seamen on Board British Ships.- Seventy-two cubic feet to be allowed for each man, and not less than twelve superficial feet of measurement on deck or floor, and to be properly constructed and clear.
Rules for Medical Inspection of Seamen. - Board of Trade or Local Marine Board may appoint medical inspector at any port who may examine seamen seeking employment on the application of master or owner. Jurisdiction over offences committed by British subjects on board foreign ships.
MERCHANT SHIPPING Act, 1871. Section 5. Ship's draught of water to be recorded by master in official log book on leaving docks, ports, or harbours.
Rules to be Observed in Naming Ships.-Ship's name to be described according to that which she is registered. Penalties provided for breach of Act (£100).
Change of Name.-Application to change name must be made to Board of Trade.
Masters and Seamen.-(See Part III. of Merchant Shipping Act, 1854.) Sections 7 and 8. Survey of a ship alleged to be unseaworthy -in proceedings against seamen or apprentices for desertion or refusing to join-may be demanded by one-fourth of the men belonging thereto, if unseaworthiness, overloading, &c., is alleged. If the number of seamen exceed 20 this survey may be demanded by not less than 5 such seamen. Board of Trade or other surveyor may act at discretion of Court hearing case. Naval Courts may direct a survey of any ship which is the subject of proceedings before them.
Safety.-(See Part IV. Merchant Shipping Act, 1854.) In collisions, masters of vessels to give name and port of registry of each vessel to each other.
MERCHANT SHIPPING Act, 1872. Measurement.--Sections 3 and 4. Transfer to Board of Trade of duties of Custom Officers with respect to measurement of ships ; and to Registrar-General of Seamen of duties with respect to registry of ships.
Passenger Ships.-Sections 5 to 8. Transfer to Board of Trade of powers of Emigration Commissioners. Annual survey of passenger steamers provided.
Pilotage.-- Powers of Trinity House in connection with pilotage laws and rates in certain districts.
Chain Cables.-Fees and expenses in relation to testing by Trinity House to be charged on Mercantile Marine Fund, &c., &c.