Granting of certificate of competency. 1883, ss. 37, 89. Certificate of service. 1883, s. 40. 50 Vict. sess. 2, c. 4, s. 7. certificated for the purpose of this section unless he holds a certificate under this Part of this Act (u) appropriate to his station in the boat or to a higher station. (5.) Where the skipper of such a boat is absent from his boat a superintendent(x) may, on the request of the owner (y) of the boat, and on being satisfied that the absence is due to an unavoidable cause, authorize the second hand (2) of the boat to act, for a period not exceeding one month, as the skipper of the boat during the skipper's absence, and the second hand when acting under that authority shall for the purposes of this section be deemed to be a duly certificated skipper (a). 414. (1.) Certificates of competency as skipper or as second hand (2) of fishing boats (2), or any particular class of fishing boats (2), may be granted by the Board of Trade in the same manner as certificates of competency as master (b) or mate under the Second Part of this Act (c), and all the provisions of this Act with respect to or connected with the examination of applicants for certificates and the granting thereof (c), and the suspension and cancellation thereof, and inquiries and investigations into the conduct of the holders thereof (d), and all other provisions of this Act relating to or connected with certificates of masters or mates, shall apply to the certificates as skipper or second hand (2) of fishing boats (z), and the holders thereof, as if the certificates had been granted under Part II. of this Act (c), and the holders thereof shall be entitled to such privileges, and subject to such liabilities as they would be if such certificates had been so granted (c). (2.) A certificate of competency as skipper of a fishing boat (2) shall not be granted to any person unless he has previously held a certificate as second hand (2) for at least twelve months. 415.—(1.) If any person before the first day of September (u) § 414. (x) §§ 247, 742. (y) Notes to § 58. (*) § 370. (a) § 413, s. 4, and § 414. (b) Defined, § 742. (c) §§ 92-104, 128. (d) §§ 464-471. one thousand eight hundred and eighty-three served as a skipper or before the first day of July one thousand eight hundred and eighty-eight served as a second hand (e) in fishing boats (e), being trawlers of twenty-five tons tonnage and upwards (ƒ) or such other fishing boats (e) as the Board of Trade consider will have afforded that person sufficient experience, for a period amounting in all to not less than twelve months, that person shall be entitled to a certificate of service as skipper or second hand (e), as the case may be, of a fishing boat (e), limited, if he has been exclusively employed in a particular class of such fishing boats, to that particular class. (2.) If a person proves to the Board of Trade that he has served as required by this section and has been generally well conducted on board the boats in which he has served, the Board of Trade shall deliver a certificate of service (g) to him. (3.) The certificate of service shall differ in form from a certificate of competency (h), and shall contain particulars of the name, place, and date of birth of the holder, and of the length and nature of his previous service. (4.) This Act shall apply to a certificate of service so granted and to the holder thereof in like manner as it applies to a certificate of competency granted under this Part of this Act and to the holder thereof (i). of certifi and second hands. 416.-(1.) The Board of Trade may cause a register of Registers certificated skippers and second hands (k) to be kept in such cated form and by such person, and containing such particulars, skippers as the Board direct. (2.) Such register shall be admissible in evidence in 1883, s. 41. manner provided by this Act (1), and the absence of an entry in the register of any person or matter shall be evidence of the non-registration of such person or matter, and if the question is whether the person has been certificated Board of Trade re as a skipper or second hand (m), of his not being so certificated (n). Conveyance of Fish from Trawlers. 417.-(1.) The Board of Trade, on application of any gulations owners of a fleet of fishing boats (m), or of any association as to con- of owners of fishing boats (m), or of any persons having the charge or command of a fleet of fishing boats (m), or without from traw- such application if the person or association entitled to veyance of fish lers. 50 Vict. sess. 2, c. 4, s. 10. make the application fails (0) after request by the Board of Trade to do so, may make such regulations respecting the conveyance of fish from fishing boats (m) catching fish as trawlers to vessels engaged in collecting and carrying fish to port, as may appear to the Board expedient for preventing loss of life, or danger to life or limb. (2.) All regulations so made shall be laid for thirty days before both Houses of Parliament while in session, and shall not come into force till the expiration of those thirty days; and if either House within those thirty days resolves that the whole or any part of the regulations laid before them ought not to be in force, the same shall not have any force, without prejudice, nevertheless, to the making of any other regulation in its place. (3.) All regulations made under this section shall, whilst in force, have effect as if enacted in this Act. (4.) If any person (p) to whom such a regulation applies fails (o) without reasonable cause to comply therewith, he shall for each offence be liable to a fine not exceeding ten pounds (q). (5.) This section shall apply to fishing boats (m) of whatever tonnage. (m) § 370. (n) §§ 413, 414. (0) Includes refusal; § 742. (P) Includes corporations; Int. Act, 1889, §§ 2, 19. (q) How recovered, §§ 680-684; how applicable, §§ 699, 716. PART V. 1854 = 17 & 18 Vict. c. 104. 1862 = 25 & 26 Vict. c. 63. = Int. Act, 1889 Interpretation Act, 1889 (52 & 53 Vict. c. 63). PRELIMINARY NOTE TO PART V. SAFETY. THERE is no general clause providing for the application of this Part, but each clause provides whether or not it applies to other than British ships, and to what classes of British ships it applies. The chief heads dealt with are 1. Prevention of collisions (§§ 418-424). 2. Life-saving appliances (§§ 427–431). 3. Draught of water and load-line (§§ 436-445). 4. Dangerous goods (§§ 446-450). 5. Timber cargo (§ 451). 6. Grain cargo (§§ 452-456). 7. Unseaworthy ships, and their detention (§§ 457–463). The regulations for preventing collisions, the rules for life-saving appliances, and the rules for signals of distress, are printed in the Appendix. Under § 721 any documents used under this Part are exempt from stamp duty. Section. PART V. ARRANGEMENT OF SECTIONS. SAFETY. Prevention of Collisions. 418. Collision regulations (p. 319). 419. Observance of collision regulations (p. 320). 420. Inspection as to lights and fog signals (p. 321). 421. Saving for local rules of navigation in harbours, &c. (p. 322). 422. 423. Duty of vessel to assist the other in case of collision (p. 322). Collisions to be entered in official log (p. 323). 424. Application of collision regulations to foreign ships (p. 324). Report of Accidents and Loss of Ship. 425. Report to Board of Trade of accidents to steamships (p. 324). 426. Notice of loss of British ship to be given to the Board of Life-saving Appliances. 427. Rules as to life-saving appliances (p. 325). 428. Duties of owners and masters as to carrying life-saving appliances (p. 326). 429. Appointment of consultative committee for framing rules (p. 327). 439. Penalty for breach of rules (p. 327). 431. Survey of ship with respect to life-saving appliances. (p. 328). General Equipment. 432. Adjustment of compasses and provision of hose (p. 329). 433. Placing undue weight on safety-valve (p. 329). |