MERCHANT SHIPPING ACTS AMENDMENT ACT, 1906. PART I.-Safety. 1. British load-line made applicable to all foreign ships while within any port of the United Kingdom, without prejudice (a) to their being applied by agreement with any foreign country; and (b) to His Majesty in Council directing in respect of any foreign country that "the regulations in force relating to overloading and improper loading " are as effective as those of the United Kingdom. 2. Foreign ships may be detained when unsafe by reason of defective condition of hull, equipments, machinery, etc., when at any port of the United Kingdom, whether taking cargo on board at such port or not. 3. After October 1, 1907, Sections 452, 453, 454 and 456 of the 1894 Act, which relates to precautions to be taken in loading grain cargoes, shall apply to a foreign ship which shall load a grain cargo or discharge all or part of her cargo at any port of the United Kingdom, in the same manner as if it were a British ship. 4. Sections 427 to 431 of the 1894 Act relating to life-saving appliances shall, after October 1, 1909, apply to foreign ships in ports of the United Kingdom, save when the life-saving provisions of any foreign country are as effective as those prescribed by Part V. of that Act. " 5. In respect of Part I. of this Act, the " appointed day on which provisions of the principal Act relating to load-line and to life-saving appliances will be applied to foreign ships in ports of the United Kingdom, shall be October 1, 1909. 6. Nothing in the foregoing provisions shall affect any foreign ship not bound to a port of the United Kingdom to embark or land pas sengers, or take in or discharge cargo, or take in bunker coal. 7. Steamers in the coasting trade are not exempt from the load-line rules; but steamers which do not carry cargo may be excepted by the Board of Trade. 8. (1) Section 440 of the principal Act shall apply to all British ships; and, as applied by this (1906) Act, to all foreign ships. (2) In case of a ship which the owner is not required to enter outwards, (a) the load-line disc shall be marked before clearance is demanded; (b) the master of a British ship shall enter a copy of a statement (similar to that required in form of entry, Sub-section (2), Section 440 of principal Act) in agreement with crew, and official log book; and (c) must deliver a copy of the same to the Customs' officer from whom clearance is demanded. (3) When the certificates referred to in Sub-section (4) of Section 443 of principal Act (regulations of load-line) must be delivered, the master's statement referred to shall not be prepared, etc. (4) Sub-section (5) of Section 440 and Sub-section (2) of Section 443 of the principal Act are modified to provide " for an alteration by the Board of Trade of marks during a voyage," or on ships abroad.” 9. (1) The master of British ships shall cause entry to be made in official log book, or a record to be made (where no log is kept) of every boat drill practice on board, and every inspection of life-saving appliances. (2) The master shall produce such records when so required by an official of the Board of Trade. (3) Any person who wil ว fully makes a false or fraudulent entry in an official log book is liable on summary conviction to a penalty not exceeding £100. 10. (1) If a British or foreign ship arrives between the last day of October and the 16th of April at a port in the United Kingdom from any port out of the United Kingdom, carrying heavy or light wood goods as deck cargo (except under the conditions allowed by this section), the master (and the owner, if privy to the offence) shall be liable to a fine not exceeding £5 for every 150 cubic ft. of space in which wood goods are carried contrary to this section. (2) Heavy wood goods may be carried as deck cargo as follows:-(a) Only in covered spaces; (b) only in ships approved by the Board of Trade; and (c) they must be loaded in accordance with regulations of the Board of Trade. (3) Light wood goods may be carried as deck cargo as follows:—(a) Each unit of goods must be of a cubic capacity not greater than 15 cubic ft.; and (b) the height above deck to which goods are carried must not exceed (i) in uncovered space on a deck forming top of a break, poop, or other permanent closed-in space on upper deck, 3 ft. above top of closed-in space; and (ii) in uncovered space, not forming top of any permanent closed-in space on the upper deck, or forming top of covered space, the height of main rail, bulwark, or plating, or 4th of inside breadth of ship, or 7 ft., whichever height is least. Regulations made by Board of Trade for the protection of seamen from risk arising from the carriage of goods to such a height must be complied with; and (iii) in a covered space, the full height of space. (4) Provided that a master or owner shall not be liable to fine under this section—(a) in respect of wood goods which master considered it necessary to place or keep on deck during voyage on account of leak, or damage to ship received or apprehended; or (b) if he proves that the ship sailed from port of loading at such time as allowed sufficient interval to arrive at the said port in the United Kingdom before the last day of October, but was prevented by stress of weather or circumstances beyond his control; or (c) if he proves that the ship sailed from port of loading at such time before 16th of April as allowed a reasonable interval for the ship to arrive after that day at the said port in the United Kingdom, and by reason of an exceptionally favourable voyage arriving before that day. (5) For the purposes of this section (a) heavy wood goods means-(i) any square, round, waney, or other timber, or pitch pine, mahogany, oak, teak, or other heavy wood goods; or (ii) any more than 5 square or store spars, dressed and prepared for use or not; and (b) "light wood goods means deals, battens, or light other wood goods of any description; and (c) “ deck cargo means cargo carried either in uncovered space upon deck or in covered space not included in the cubical contents forming the ships' registered tonnage; and (d) the space in which wood goods are carried shall be deemed to be the space limited by the superficial area occupied by the goods, and by straight lines enclosing a rectangular space sufficient to include the goods. (6) Nothing in this section shall affect any ship which comes into any port of the United Kingdom for any purpose other than the delivery of her cargo. (7) This section shall come into operation on the passing of this Act. [See also Board of Trade Rules given as one of the appendices to the Digest of this Act.] Ir. A person liable to a fine under Sub-section (2); Section 452 of the principal Act (which relates to precautions to prevent grain cargo from shifting) may be prosecuted summarily; but the fine, if the offence is so prosecuted, shall not exceed £100. 12. After Dec. 31, 1907, the officer, before whom a seaman is engaged at any port in the British Isles or on the Continent of Europe between the River Elbe and Brest inclusive, shall not allow a seaman to sign the agreement if he does not possess a sufficient knowledge of English to understand necessary orders given him in the performance of his duties; but this section shall not apply to any British subject, inhabitant of British Protectorate, or lascar. Provided that where a seaman has been allowed to sign an agreement, and is discharged, and the fact is noted by a superintendent or officer, on his certificate of discharge a superintendent or other officer shall not refuse to allow such seaman who holds a certificate so noted to sign an agreement in the absence of special reasons, at the discretion of the Board of Trade. PART II.-Passenger and Emigrant Ships. 13. The definition passenger steamer," in Section 267 of the 1894 Act is amended to include every foreign steamship (whether originally proceeding from a port in the United Kingdom or from a port out of the United Kingdom) which carries passengers to or from any place, or between places, in the United Kingdom. 14. The following sub-section is substituted for par. (3) of Section 268 of principal Act—" (3)' Steerage passenger' means all except cabin passengers, and persons shall not be deemed cabin passengers unless (a) the space allotted to their exclusive use is equal to 36 clear superficial ft. to each statute adult; and (b) the fare amounts to at least the sum of £25 for the voyage or is in the proportion of at least £3 5s. for every 1,000 miles of length of voyage; and (c) they have been furnished with tickets in form prescribed by the Board of Trade.” 15. Where a steamer takes or lands passengers by means of a tender she shall be deemed to be taking the passengers from or to that port which the tender comes or goes to. 16. (1) A ship shall not carry passengers, cabin or steerage, on more than one deck below the water line. (2) If this section is not complied with the master of the ship shall for each offence be liable to a fine not exceeding £500. 17. The Board of Trade may prescribe regulations, scales, conditions, and forms in substitution for Schedules 10, 11, 12, 13, and 14 of the principal Act, which relate to number and accommodation of emigrants, provisions and water for steerage passengers, carriage of horses and cattle on emigrant ships, and the forms to be used. 18. (1) The master of every emigrant ship shall, in addition to obligations under Section 361 of principal Act, on request produce to any steerage passenger the scale of provisions to which that person is entitled and shall post copies of scale in two conspicuous places. (2) The master shall be liable on summary conviction to a fine not exceeding £2 for every day on which by his default copies of the extracts are not posted up, and £2 if he fails to produce the scale as required to a steerage passenger. (3) Any person who displaces or defaces a copy of the posted scale shall be liable on summary conviction to a fine not exceeding £2. 19. The following shall be substituted for par. (i) of Section 328 of the 1894 Act:-" (i) The steerage passenger must be at place of embarkation before the appointed hour, or any hour fixed, of which he has received twenty-four hours' notice; and.” 20. (1) The Board of Trade may allow the master's bond required under Section 309 of the principal Act to be given in the form of a continuing bond as respects that emigrant ship. (2) The Board of Trade may make regulations to adapt Sections 309 and 310 of principal Act to the conditions under which continuing bonds may be allowed for any ship. (3) Sub-section (3) of Section 310 of principal Act shall have effect in every voyage of the ship during continuance of bond. 21. If the master or owner of a steamer shall fail to comply with Merchant Shipping Acts as to surveys certificate, he shall be liable to a fine not exceeding £10 for every passenger carried from or to any place in the United Kingdom, and the master or owner of any tender shall be liable to a like penalty for every passenger taken on board or landed. 22. If the number of passengers on board at any place is greater than the number allowed by law and the passenger steamers' certificate, the owner or master shall, for the purpose of Section 283 of principal Act, be deemed to have received the passengers at that place. 23. The provisions of Part III. of the 1894 Act, shall apply to any person who sells or lets, or is anywise concerned in the sale or letting of, steerage passages from any place in Europe, not within the Mediterranean. 24. The following shall be substituted for Section 353 of the 1894 Act:-" If any person, by fraud, or false pretence, induces or attempts to induce any person to emigrate or to engage a steerage passage in any ship, he shall for each offence be liable to a fine not exceeding £50, or imprisonment for a period not exceeding 3 months." PART III.-Seamen's Food. 25. (1) The master of every ship for which an agreement with the crew is required shall furnish provisions to every member of the crew who does not furnish his own in accordance with the scale [since printed], and for the purpose of compensation in the case of short or bad provisions, every such member of the crew shall be deemed to have stipulated for provisions in accordance with scale. (2) The power of the court to modify or refuse compensation under Section 199 of the principal Act shall be extended to cases where a member of crew claiming compensation has been supplied with provisions containing the same or a greater amount of wholesome nutriment in place of scale. (3) If the master of a ship through default fails to furnish provisions in accordance with scale, the master shall be liable on summary conviction, in addition to paying compensation, to a fine not exceeding £100. (4) His Majesty may by Order in Council vary or add to the scale set out in First Schedule to this Act. (5) This section shall not apply to lascars, natives of India, or others not accustomed to European food, with whom a separate agreement is entered into providing an adequate scale suited to their needs. 26. (1) An inspecting officer may inspect (either on board or before shipment) provisions or water intended for the crew of any British 152 THE SHIPPING WORLD YEAR BOOK ship going from any port in the United Kingdom and for which an agreement with the crew is required (other than provisions provided by the crew themselves), and if the provisions or water are deficient in quality the ship shall be detained until the defects are remedied; provided that inspection of provisions or water shall be made before shipment whenever practicable, and if the master, owner, or agent gives 48 hours' notice to the inspecting officer. But the inspecting officer shall have power to inspect provisions or water if they are at a convenient place, without prejudice to the inspection of provisions or water not specified in the notice. (2) Where provisions or water are found deficient in quality the master shall be liable on summary conviction to a fine not exceeding £100, unless the court thinks that the finding of the inspector was not justified; but if the responsibility for the defects rests with owner, agent, or the person who has supplied the provisions or water, that agent, owner, or person shall be liable to conviction. (3) The master shall give the inspecting officer every reasonable facility for the purpose of inspection, and, if he fails, shall be liable for each offence to a fine not exceeding £10. 27. (1) After the 30th of June, 1908, every British foreign-going ship of 1,000 tons gross and upwards, going from any place in the British Islands, or the continent of Europe between the River Elbe and Brest inclusive, shall be provided with a duly certificated cook who is able to prove one month's service at sea. (2) A cook must be the holder of a certificate in cooking granted by the Board of Trade or some school of cookery or institution approved by the Board, or is the holder of certificates of discharge showing at least two years' service as cook before 30th June, 1908. (3) The cook shall be rated as ship's cook, or in the case of ships of not more than 2,000 tons gross, or ships in which crew, or majority of them, provide their own provisions, as ship's cook or cook and steward. (4) In emigrant ship, the cook shall be in addition to cook required by Section 304 of principal Act. (5) If these requirements are not complied with and are in force, the master or owner shall (if there is no sufficient reason for failure to comply) for each offence be liable on summary conviction to a fine not exceeding £25. PART IV.-Relief and Repatriation and Wages of Seamen. 28. (1) If a seaman belonging to British ship is left behind out of British Isles, the master shall (a) enter in the official log a statement of effects left on board by and wages due to seaman when left behind, and (b) on termination of voyage, furnish to proper officer within 48 hours after arrival at terminal port wages and effects" and "reimbursements accounts in form approved by Board of Trade. (2) The master shall deliver effects (subject to deductions allowed) and wages due, and the proper officer shall give receipt for effects or amount on Board of Trade forms. (3) The master shall be reimbursed out of wages or effects sums properly chargeable, and the officer shall allow those sums to be deducted from wages account, and, or, effects. The proper officer may require evidence as to sums chargeable to be given by the master. Masters may appeal to a Court of Summary Jurisdiction where amount in dispute exceeds £10. (4) At option of master, as between him and proper officer, several seamen's accounts may be dealt with collectively, and master shall be entitled to be reimbursed out of total amount, and shall be required to deliver to proper officer only the sum by which the total exceeds the total of the amounts |