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may apply to Court to sell ship. Power of Court and limit of time for application.
Mortgages.-Sections 66 to 108. Mortgages of ships and shares. Rights of mortgagees and their priority. Certificates of mortgages and sales and rules applicable thereto. New registry and transfer of registry provided on change of ownership. Penalties for forging certificates and for false declaration of national character of ship.
PART III. – Masters and Seamen. Local Marine Boards.-Section 109.-Application of this part of Act. Sections 110 to 121.--Establishment of Local Marine Boards at ports where already in existence, and at such other ports as Board of Irade appoint. Election of members. Owners of foreign-going or home trade passenger ships have one vote for every 250 tons of shipping. Maximum number of votes to be ten for any one person. Voting powers of joint owners. List of voters to be kept by Col. lector of Customs, and revised every three years. Persons entitled to vote are only entitled to election Board of Trade may appoint nominees on Board.
Mercantile Marine Offices.-Section 10 of Merchant Shipping Act, 1873, changes name of “ Shipping Offices." Sections 122 to 130. -Establishment of shipping offices at Local Marine Board ports. Local Marine Boards may appoint and control officials of those offices, but their number and salaries controlled by Board of Trade. Business of these offices to be the engagement and discharge of seamen, securing their presence on board, and facilitating sea apprenticeships, &c., &c. Penalties ajainst officials for misconduct. Board of Trade may conduct business of these offices at Custom Houses, where no Local Marine Boards exist, and at Sailors' Homes in London under their direct control.
Examinations and Certificates of Masters and Mates.-Sections 131 to 140. Examinations are instituted for masters and mates for certificates of competency. Local Marine Boards, where established, conduct examinations and appoint examiners under sanction and regulations of Board of Trade. Powers of Board of Trade to grant certificates of service to officers of certain rank in navy, and to others.
Certificated Officers necessary in certain Ships.-Foreign-going ships and home trade passenger ships, before proceeding to sea from United Kingdom, must each have a master possessing an appropriate certificate of competency or service. In addition, a foreign going ship must have the first and second mates, or only mate, as the case may be, and in a home trade passenger ship the first or only mate, as the case may be, possessed of an appropriate certificate of competency or service. Ships of 100 tons burthen or upwards shall not go to sea unless at least one officer besides the master possesses a certificate as only mate, or one of a higher grade. Penalties for non-compliance and against persons for fraud. Certificates for foreign-gving ships are available for home trade passenger ships. Authority of Registrar-General of Seamen as to granting, cancellation, and record of certificates and duplicates.
Apprenticeships to the Sca Service.--Sections 141 to 145. Superintendents of Mercantile Marine to bind apprentices and charge sees: Indentures of boys bound by guardians or overseers of the poor to be witnessed by two justices. All indentures exempt from stamp duty. Execution must be in duplicate, and registration necessary at a Mercantile Marine Office within seven days after date. Assign. ments, 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 Tråde 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 L5 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, tinder a penalıy 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
rrival; 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 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 penalty against master of £5. Seamen discharged before voyage aster 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 wbich 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 subsist. ence 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
230. Survey of provisions and water on complaint provided. Allowance for short provisions. Weights and measures to be kept by masters. Expenses of medical attendance in cases of illness and death. Inspectors of medicines how appointed. Expenses of injury, illness, hurt, &c., if paid by Consul are recoverable from owner. Medicines to be carried in ships.
Power of making Complaint. -Section 232. Seamen to be allowed to go on shore to make complaint before a justice.
Protection of Seamen from Imposition. --Sections 233 to 238. Charges against seamen's wages invalid. Debts recoverable. Penalties against persons going on board without permission (see also M.S. Act, 1880, section 5). Penalty for solicitations by lodging. house keepers.
Discipline.-Sections 239 to 259. Offences on board ship defined with penalties attached. Removal of masters. Power of Board of Trade or Local Marine Boards to investigate charges of incompetency or misconduct against officers, and cancel or suspend certificates of competency or service. Desertion or refusing to join (see also M.S. Act, 1880, section 10). Acts of smuggling or embezzlement. Entry of offences to be made in official log and read over to offenders. Deserters may be arrested and sent on board. Proof of desertion. Cost of imprisonment to extent of £3 chargeable against wages. Forfeiture of wages and how applied. Fines to be deducted from wages and paid to superintendents. On change of masters all docu. ments to be handed to successor.
Crimes committed on the High Seas and Abroad.-Sections 267 to 270. Offences of seamen abroad. Conveyance of offenders and witnesses to United Kingdom or British Possessions. Inquiry into cause of death provided and nature of evidence.
Registration of and Returns respecting Seamen.-Sections 271 to 279. Register Office of shipping and seamen established at Port of London. Delivery of lists of crew for foreign-going ships at Mer. cantile Marine Office within 48 hours after arrival. Lists of crews in home-trade ships to be delivered within 21 days after termination of each 30th June and 31st December. Lists to be delivered in case of transfer or loss. Lists of crew to be deposited at Custom Houses and Consulates when vessels are abroad.
Official Logs.-Sections 280 to 287. Official logs to be kept in form sanctioned by Board of Trade. Entries to be made in due time therein. Entries as to convictions, offences, punishments, conduct of crew, illnesses and injuries, deaths, births, marriages, quitting of ship, wages of deceased seamen and sale of their effects, collisions, &c., necessary. Entries how to be signed. Penalties for not keeping official log and neglecting to make entries. Delivery of official logs at end of voyage, or in cases of transfer, or loss of ship, necessary.
East Indies and Colonies.-Section 288 to 290. Provisions of Act by East Indian and Colonial Governments to their own ships may be enforced throughout the Empire, and conflict of laws.
Part IV.-Safety and Prevention, or Accidents. Sections 291 to 326. Sections 292, 293 and 294, regarding boats carried by sea-going ships, repealed by Merchant Shipping (Life Saving and Appliances) Act of 1888, except so far as they relate to sea-fishing boats, registered under Sea Fisheries Act, 1868. Equipment of steamships defined, and survey of passenger steamships,
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 transfer 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. Home 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 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, &C.-Penalty for injuring £50.
Prevention of False Lights.- Power to prohibit ; and, if not obeyed, power to abate.
Part VII.-Mercantile Marine Fund. Sections 417 to 431 (see also Mercantile Marine Fund Act, 1884). Sums to be carried to Mercantile Marine Fund and application