ADDITIONAL RULES AS TO INVESTIGATIONS INTO SHIPPING CASUALTIES.

THE MERCHANT SHIPPING ACT, 1876, 39 & 40 VICT., CAP. 80. THE SHIPPING CASUALTIES INVESTIGATIONS ACT, 1879, 42 & 43 VICT., CAP. 72.

Whereas, by section 30 of the Merchant Shipping Act, 1876 (39 & 40 Vict., c. 80), it was provided as follows:

"The Wreck Commissioner, Justices or other authority holding

a formal investigation into a Shipping Casualty shall hold the same with the assistance of an Assessor or Assessors of nautical engineering or other special skill or knowledge, to be appointed by the Commissioners, Justices or authority out of a list of persons for the time being approved for the purpose by a Secretary of State."

"The Commissioner, Justices or authority, when of opinion that

the investigation is likely to involve the cancellation or suspension of the Certificate of a Master or Mate, shall, where practicable, appoint a person having experience in the Merchant Service to be one of the Assessors."

And whereas, by section 3, sub-section 1 of the Shipping Casualties Investigations Act, 1879 (42 & 43 Vict., c. 72), it was thus enacted :

3. (1.) The list of persons approved as Assessors for the

purpose of formal investigations into Shipping Casualties shall be in force for three years only, but persons entered in any such list may be approved for any subsequent list. The list of those persons in force, at the passing of this Act, shall continue in force until the end of the year One thousand eight hundred and eighty, but nothing in this section shall affect the power of the Secretary of State to withdraw his approval of any name on any such list or to approve of any additional name.

And whereas the Secretary of State has directed that the Assessors shall, so far as in his opinion circumstances permit, be

taken in order of rotation within each class or sub-class, and has further directed that the Assessors placed by him on the list of Assessors, on and after the 31st of March next, shall be classified according to their qualifications, as follows :—

QUALIFICATIONS.

Class I. Mercantile Marine Masters.—(a) Five years' service as a Master in the Merchant Service, of which two years must have been service in command of a sailing ship, with a Certificate of Competency.

(b) Five years' service as a Master in the Merchant Service, of which two years must have been service in command of a steamship, with a Certificate of Competency.

Class II. Mercantile Marine Engineers.-Five years' service as an Engineer in the Merchant Service, with a first class Certificate of Competency.

Class III. Royal Navy.-Rank of Admiral or Captain and three years' service in command of one of Her Majesty's ships at sea, or rank of Staff Commander and three years' service in that rank in one of Her Majesty's ships at sea.

Class IV. Persons of Nautical Engineering or other special skill or knowledge.—(a) Such qualification as is in the opinion of the Secretary of State requisite for ordinary cases.

(b) Such qualification as is in the opinion of the Secretary of State requisite for special cases.

And whereas it was further provided by section 3, sub-sections 2 and 3 of the same Act, as follows:

(2.) The Assessor or Assessors for each such investigation shall, instead of being appointed by the Commissioner, Justices or other authority holding the investigation, be appointed in such manner and according to such regulations as may be from time to time prescribed by general rules made under section 30 of The Merchant Shipping Act, 1876. (42 & 43 Vict., c. 72, s. 3 (2, 3.)

(3.) Where any such investigation involves, or appears likely to involve, any question as to the cancelling or suspension of the Certificate of a Master, Mate, or Engineer,

it shall be held with the assistance of not less than two Assessors having experience in the Merchant Service. (39 & 40 Vict., c. 80.)

Now under the authority of the above-mentioned Acts, I, The Right Honourable Hugh MacCalmont, Earl Cairns, Lord High Chancellor of Great Britain, hereby make the following General Rules:

Short Title.

1. These Rules may be cited as "The Shipping Casualties Rules, 1879."

Commencement.

2. These Rules shall, subject as hereinafter mentioned, come into operation on the 24th day of December, 1879.

Publication of Rules.

3. These Rules shall be published by Her Majesty's Stationery Office through its agents, and a copy shall be kept at every Custom House and Mercantile Marine Office in the United Kingdom, and any person desiring to peruse them there shall be entitled to do so.

Appointment of Assessors.

4. The power of appointing Assessors for investigations into Shipping Casualties shall be vested in the Secretary of State.

5. If any investigation involves, or appears likely to involve, the cancelling or suspension of the Certificate of a Master, Mate or Engineer, then, in order to satisfy the aforesaid statutory requirement of not less than two Assessors having experience in the Merchant Service there shall be appointed from the list not less than two Assessors from Class I. and Class II., or from either of those classes.

6. Subject to any special appointment or appointments which the Secretary of State may think it expedient to make in any case where special circumstances appear to him to require a departure from these Rules (the requirements of the Rule 5 being always complied with), Assessors shall be appointed as follows:(1.) Where the investigation involves, or appears likely to in

volve, the cancelling or suspension of the Certificate of a Master or Mate, but not of an Engineer, at least two Assessors shall be appointed from Class I.

(2.) Where the investigation involves, or appears likely to involve, the cancelling or suspension of the Certificate of a Master or Mate of a sailing ship one at least of the Assessors shall be appointed from sub-section (a) of Class I., and where the investigation involves, or appears likely to involve, the cancelling or suspension of the Certificate of a Master or Mate of a steamship one at least of the Assessors shall be appointed from sub-section (b) of Class I.

(3.) Where the investigation involves, or appears likely to involve, the cancelling or suspension of the Certificate of

an Engineer one at least of the Assessors shall be appointed from Class II.

7. The Board of Trade shall inform the Secretary of State when Assessors are required, and shall state from which of the aforesaid classes Assessors ought, in their opinion, to be appointed, in order to give due effect to the aforesaid classification and these Rules: but the Board of Trade shall not request the appointment of any individual Assessor.

8. An appointment made by the Secretary of State of any Assessor or Assessors for an investigation shall not be open to question on the ground that it was not in accordance with these Rules, or does not give full effect to the requirements of these Rules.

9. Whereas it is necessary to make temporary provision for the appointment of Assessors until the classification referred to in these Rules can be effected. Therefore, Rules 5 to 7 (both inclusive) shall not come into operation until the 31st of March, 1880, and until those Rules come into operation the statutory requirements as to the appointment in certain cases of two Assessors having experience in the Merchant Service shall be deemed to be complied with by the appointment of persons who, in the existing list, appear as qualified by service in the Mercantile Navy.

Dated this 20th day of December, 1879.

CAIRNS, C.