the seal or any other distinguishing mark of the (b.) fraudulently alters, or assists in fraudulently alter- that person shall in respect of each offence be guilty of a misdemeanor (q). (2.) If any person (a.) when a form approved by the Board is, under the Second Part of this Act, required to be used, uses without reasonable cause a form not purporting to be a form so approved (r); or (b.) prints, sells, or uses any document purporting to be a form approved by the Board of Trade, knowing the same not to be the form approved for the time being, or not to have been prepared or issued by the Board of Trade, that person shall, for each offence, be liable to a fine not exceeding ten pounds (r). Powers for enforcing Compliance with Act. 723. (1.) Where any of the following officers, namely:- Powers for any officer of the Board of Trade, seeing any commissioned officer of any of Her Majesty's ships complied on full pay, any British consular officer (s), the Registrar-General of Shipping and Seamen (t) or his assistant, any chief officer of Customs (u) in any place in Her Majesty's dominions, or any superintendent (x), has reason to suspect that the provisions of this Act, or any law for the time being in force relating to merchant (q) Procedure, §§ 680-684; fine, how applicable, §§ 699, 716. (r) See note (n), p. 536. (8) Int. Act, 1889, § 12, s. 20. (t) § 251. (u) Defined, § 742. with. Appointment of surveyors. 1854, ss. 29, 305, 307, 308. 35 & 36 Vict. c. 73, 88. 3, 13, 15. seamen or navigation, is not complied with, that officer may (a.) require the owner (y), master (z), or any of the crew (a) of any British ship (b) to produce any official log-books (c) or other documents relating to the crew (d) or any member thereof in their respective possession or control; (b.) require any such master (2) to produce a list of (c.) muster the crew (a) of any such ship (b); and explanation concerning the ship or her crew (a) or (2.) If any person, on being duly required by an officer authorized under this section, fails (ƒ) without reasonable cause to produce to that officer any such official log-book (e) or document (d) as he is required to produce under this section, or refuses to allow the same to be inspected or copied, or impedes any muster of the crew (a) required under this section, or refuses or neglects to give any explanation which he is required under this section to give, or knowingly misleads or deceives any officer authorized under this section to demand any such explanation, that person shall for each offence be liable to a fine not exceeding twenty pounds (g). Surveyors of Ships. 724.-(1.) The Board of Trade may, at such ports (2) as they think fit, appoint either generally or for special purposes, and on special occasion, any person they think fit to be a surveyor of ships (2) for the purposes of this Act, and a person so appointed (in this Act referred to as a surveyor of ships) may be appointed either as a shipwright surveyor or as an engineer surveyor or as both. (2.) The Board of Trade may also appoint a surveyorgeneral of ships for the United Kingdom. (3.) The Board of Trade may remove any surveyors of ships and fix and alter their remuneration, and may make regulations as to the performance of their duties, and in particular as to the manner in which surveys of passenger steamers (i) are to be made, as to the notice to be given by them when surveys are required, and as to the amount and payment of any travelling or other expenses incurred by them in the execution of their duties, and may by such regulations determine the persons by whom and the conditions under which the payment of those expenses is to be made. (4.) If a surveyor of ships demands or receives directly or indirectly any fee, remuneration, or gratuity whatever in respect of any duties performed by him under this Act otherwise than by the direction of the Board of Trade, he shall for each offence be liable to a fine not exceeding fifty pounds (k). (5.) The duties of a surveyor of ships shall be performed under the direction of the Board of Trade, and in accordance with the regulations made by that Board. for pur 306. 725.-(1.) A surveyor of ships (1) in the execution of his Power of duties may go on board any steamship at all reasonable surveyor times, and inspect the same or any part thereof, or any of pose of the machinery, boats, equipments, or articles on board survey of ships. thereof, or any certificates of the master (m), mate, or 1854, s. engineer to which the provisions of this Act (n) or any of the regulations made under this Act apply, not unnecessarily detaining or delaying the ship from proceeding on any voyage, and if in consequence of any accident to the ship or for any other reason they consider it necessary (i) Defined, § 267. (k) Procedure, §§ 680-684; fine, how applicable, §§ 699, 716. (1) § 247. (m) Defined, § 742. Returns by sur veyors to so to do, may require the ship to be taken into dock for the purpose of surveying the hull thereof. (2.) If any person hinders any surveyor of ships (0) from going on board any steamship or otherwise impedes him in the execution of his duties under this Act, that person shall for each offence be liable to a fine not exceeding five pounds (p). 726.-(1.) Surveyors of ships (0) shall make such returns to the Board of Trade as that Board may require with Board of respect to the build, dimensions, draught, burden, rate of sailing, room for fuel, and the nature and particulars of machinery and equipments of ships (q) surveyed by them. Trade. 1854, s. 321. Appointment of surveyors (2.) The owner (r), master (q), and engineer of any ship so surveyed shall, on demand, give to the surveyors all such information and assistance within his power as they require for the purpose of those returns. (3.) If any owner (r), master (q), or engineer, on being applied to for that purpose, fails (s) without reasonable cause to give any such information or assistance, he shall for each offence be liable to a fine not exceeding five pounds (p). 727. The governor (t) of a British possession (u) may appoint and remove surveyors of ships within the limits in colonies of the possession for any purposes of this Act to be carried 50 & 51 into effect in that possession. Vict. c. 62, s. 3. See 1854, s. 31. Appointment of in spectors to report on accidents, &c. 1854, s. 14. Board of Trade Inspectors. 728. The Board of Trade may as and when they think fit appoint any person as an inspector to report to them(a.) upon the nature and causes of any accident or damage which any ship has sustained or caused, or is alleged to have sustained or caused; or (b.) whether the provisions of this Act, or any regulations made under or by virtue of this Act, have been complied with; or (0) § 724. (p) Procedure, §§ 680-684; fine, how applicable, §§ 699, 716. (g) Defined, § 742. (r) Note to § 58. (8) Includes refusal; § 742. (c.) whether the hull and machinery of any steamship are sufficient and in good condition. 1854, 8. 15. inspectors 24 & 25 Vict. c. 10, 8. 24. 30 & 31 Vict. c. 114, s. 45. 729. (1.) An inspector so appointed (in this Act referred Powers of to as a Board of Trade inspector) and any person having the powers of a Board of Trade inspector (x)— (a.) may go on board any ship (y) and inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof to which the provisions of this Act apply, not unnecessarily detaining or delaying her from proceeding on any voyage; and (b.) may enter and inspect any premises the entry or inspection of which appears to him to be requisite for the purpose of the report which he is directed to make; and (c) may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine for the purpose of his report, and may require answers or returns to any inquiries he thinks fit to make; and (d.) may require and enforce the production of all books, papers, or documents which he considers important for the purpose of his report; and (e.) may administer oaths, and may, in lieu of requiring or administering an oath, require every person examined by him to make and subscribe a declaration. of the truth of the statements made by him in his examination. (2.) Every witness summoned under this section shall be allowed such expenses as would be allowed to a witness attending on subpoena to give evidence before any court of record, or if in Scotland to a witness attending on citation the Court of Justiciary; and in case of any dispute as to the amount of those expenses, the same shall be referred in England or Ireland to one of the masters or registrars of the High Court (2), and in Scotland to the Queen's and (x) See list of such persons in Index; head, "In-pector." (y) Defined, § 742. (z) Admiralty Division, under Merchant Shipping Rules, 1894, s. 1. See Appendix II. |