Addition of
section after
section 24,
Act I, 1859.

Renewal of
running
agreements

in certain

cases.

Addition to
section 32,
Act I, 1859.

Amendment
of section
115, Act I,
1859.

(Secs. 2-4.)

(2) In clause 2 of the same section, after the words "any such ship as
aforesaid," the following words shall be inserted, namely:-

"or who has attained or shall attain the rank of second grade officer in the
Indian Marine Service,,".

2. After section 24 of the same Act the following shall be inserted, name-
ly :-

"24A. (1) When a running agreement with the crew of a foreign-going
ship has been made under section 23 and the ship arrives after the next follow-
ing thirtieth day of June or thirty-first day of December at a port of destina-
tion in India which is not the port at which the crew have agreed to be discharged,
the master may, with the previous sanction of the shipping-master, renew
the agreement with the crew, or may be required by the shipping-master so to
renew the agreement, for the voyage from such port of destination to the port
in India at which the crew have agreed to be discharged.

"(2) If the master of the ship is required by the shipping-master to renew
the agreement as aforesaid and refuses so to renew it, any expenses which may
be incurred by the Government for the subsistence of the crew and their con-
veyance to the port at which they have agreed to be discharged shall be a
charge upon the ship, and shall be recoverable as if they were expenses incurred
in respect of distressed seamen under the provisions of Chapter III of the
Indian Merchant Shipping Act, 1880.""

3. To section 32 of the same Act the following shall be added, namely:-
"Notwithstanding anything in this section or in any other enactment for
the time being in force, the owner of home-trade ships or his agent may enter
into time-agreements, in forms to be sanctioned by the Governor General in
Council, with individual seamen to serve in any one or more ships belonging to
him, which agreements need not expire on either the thirtieth day of June or
the thirty-first day of December."

VII of 1880.

4. To section 115 of the same Act the following shall be added, namely :-
"and for the repayment to the Secretary of State for India in Council of
all expenses which may be incurred by the Government in respect of any such
lascar or other native seaman who may be discharged or left behind at any port
out of India and becomes distressed and is relieved under the provisions of the
Merchant Shipping Act, 1854, section 211, and the enactments amending the 17 & 18 Vict.,
same."

c. 104.

1 Printed. General Acts, Vol. III, Ed. 1898, p. 304.

2. See now s. 185 of the Merchant Shipping Act, 1894 (57 and 58 Vict, Cap. 60).

VII of 1880.

X of 1889.

V of 1883.

(Secs. 5-9.)

-

Modifica ion

of section

5. Section 118 of the same Act shall be modified as follows, namely :-
(1) in the definition of "home-trade ship" the words "or in the Straits 118, Act I,
Settlements" shall be inserted between the words "

on the Conti- 1859.
nent of India" and the words "or in the Island of Ceylon,"
and

(2) in the definition of "foreign-going ship" the words "nor in the
Straits Settlements" shall be inserted between the words " nor on
the Continent of India" and the words "nor in the Island of
Ceylon ".

The Indian Merchant Shipping Act, 1880.1

6. For section 72 of the Indian Merchant Shipping Act, 1880, the follow- Substitution
ing shall be substituted, namely:-

"72. But nothing in this Chapter shall be deemed to-

of new sec-
tion for sec.

tion 72, Act
VII, 1880.

(a) affect the declaration of the twenty-third day of October, 1889, in Savings.
the schedule to this Act, between the Government of the United
Kingdom of Great Britain and Ireland and the Government of
the French Republic, with reference to the disposal of the proceeds
of wrecks on their respective coasts, that declaration having been
made applicable to India, or

(b) affect section 29 of the Indian Ports Act, 1889, or entitle any person
to salvage in respect of any property recovered by creeping or
sweeping in contravention of that section."

Amendment
of section 74
Act VII,

7. In section 74 of the same Act, after the words " so appointed" the
words" or bringing within such limits any wreck which has been found and
taken possession of elsewhere" shall be inserted.
8. To the same Act the schedule in the schedule to this Act shall be added. Addition of

The Indian Merchant Shipping Act, 1883.3

1880.

schedule to
Act VII,
1880.

9. To section 6 of the Indian Merchant Shipping Act, 1883, the follow- Amendmen
ing shall be added, namely :-

-

(4) The Magistrate or other officer whose duty it is under sub-section (1)
to report to the Local Government such information as is referred to in that
sub-section shall be deemed to be a public servant, and shall have all the powers

of section 6,
Act V, 1883.

1 Printed, General Acts, Vol. III, Ed. 1898, p. 304.
2 Printed, General Acts, Vol. V, Ed. 1898, p. 297.
Printed, General Acts, Vol. IV, Ed. 1898, p. 644.

New subsection substituted for sub-section (1) of section 7, Act V, 1883.

Power for Local Government to appoint special Court of investiga

tion.

(Sec. 10.)

c. 104.

which an inspector appointed under section 14 of the Merchant Shipping Act, 17 & 18 V
1854,1 has under clauses (1) to (5) of section 15 of that Act, that is to say:-
(1) he may go on board any ship, and may 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 un-
necessarily detaining or delaying her from proceeding on any voy-

age:

(2) he 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 :

(3) he may, by summons under his hand, require the attendance of all
such persons as he thinks fit to call before him and examine for
such purpose, and may require answers or returns to any inquiries
he thinks fit to make:

(4) he may require and enforce the production of all books, papers or
documents which he considers important for such purpose:

(5) he may administer oaths, or may, in lieu of requiring or administering
an oath, require any person examined by him to make and sub-
scribe a declaration of the truth of the statements made by him in
his examination.

"(5) The word 'coasts' in this section includes the coasts of creeks and
tidal rivers."

10. For sub-section (1) of section 7 of the same Act the following shall be substituted, namely:

(1) If the Local Government to which the report prescribed by the last foregoing section has been made or within whose territories any competent witnesses of any such loss, abandonment, stranding, damage or casualty as is described in clause (a), (b), (c) or (d) of sub-section (1) of the same section have arrived or are to be found or any evidence of such supposed loss as is described in clause (e) of the same sub-section can be obtained, is of opinion that a formal investigation into the facts mentioned in any of the said clauses is requisite or expedient, such Local Government may appoint a special Court, consisting of not less than two nor more than four persons, and direct that Court to make the investigation, and may fix the place for making the same."

1 See now s. 728 of the Merchant Shipping Act, 1894 (57 and 58 Viot., c. 60) by which this Act has been repealed.

82 Vict., c.

11.

(Secs. 11-13.)

of section S,

11. In section 8 of the same Act, after the words "Local Government" Amendment the words "or by such officer as the Local Government has empowered in this Act V, 1883, behalf" shall be inserted.

12. [Amendment of section 20, Act V, 1883.] Rep. by the Repealing and Amending Act, 1891 (XI1 of 1891).1

13. After section 24 of the same Act the following shall be added, Addition of namely:

2

"24A. (1) Notwithstanding anything in the foregoing provisions of this
Act, a certificate (whether of competency or service) which has been granted
by any
Local Government to a master, mate or engineer, but has not been
granted under the provisions of the Merchant Shipping (Colonial) Act, 1869,
or of any Order in Council under the said Act, may, if a Court conducting an
investigation under this Act finds that the loss, stranding or abandonment of
or damage to any ship, or loss of life, has been caused by the wrongful act or
default of the master, mate or engineer, or that he is incompetent or has been
guilty of any gross act of drunkenness, tyranny or other misconduct, be can-
celled or suspended by the Court:

"Provided that the Court shall not cancel or suspend a certificate unless the
holder of the certificate was furnished before the commencement of the investi
gation with the copy of the report or statement required by section 9 or sec-
tion 10, as the case may be.

"(2) At the conclusion of the investigation, or as soon afterwards as possible, the Court shall state in open sitting the decision to which it may have come with respect to the cancelment or suspension of any certificate.

(3) A master, mate or engineer whose certificate has been cancelled or suspended by the Court shall deliver the certificate to the Court, and the Court shall forward it to the Local Government, together with the report which it is required by section 17, sub-section (1), to transmit to that Government.

“(4) A master, mate or engineer failing to deliver a certificate as required by sub-section (3) shall be punished with fine which may extend to five hundred rupees.

"(5) The duties imposed and powers conferred by sections 22, 23 and 24 on the Local Government which cancels or suspends a certificate shall, when a Court has under this section cancelled or suspended a certificate, be performed and exercised by the Local Government to which the Court has forwarded the certificate under sub-section (3), as if such Local Government had itself cancelled or suspended the certificate under section 20."

1 Printed, infra, p. 32.

2 See now the Merchant Shipping Act, 1894 (57 and 58 Vict., c. 60), by which this Act has been repealed.

section after section 24, Act V, 1883.

Power to suspend or

Court to

cancel certificates

granted by ernment.

Local Gov

General provision

with respect to surrender

of certificates.

(Sec. 14. Schedule.)

Supplemental.

14. (1) When the certificate of a master, mate, engineer or engine-driver is cancelled or suspended under any law for the time being in force, he shall deliver to the Court or person entitled to receive delivery from him of such cancelled or suspended certificate every other certificate, if any, held by him which has been granted to him under any of the Merchant Shipping Acts,1 17 & 18 Vict, 1854 to 1889, or to which the provisions of any such Act have been made applicable under the Merchant Shipping (Colonial) Act, 1869, or which has 82 Vict., c. been granted to him by any Local Government in British India.

(2) If any master, mate, engineer or engine-driver fails to comply with the requirement of sub-section (1), he shall be punished with fine which may extend to five hundred rupees.

c. 104, etc.

11.

THE SCHEDULE.

(See section 8.)

THE SCHEDUle.

(See section 72.)

Declaration between the Government of the United Kingdom of Great Britain
and Ireland and the Government of the French Republic, with reference to
the disposal of the proceeds of Wrecks on their respective Coasts.
The Government of Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, Empress of India, and the Government of the
French Republic, desiring to regulate by a new Agreement questions relative
to the disposal of the proceeds of wrecks on the coasts of the two States, have
agreed to replace the Declaration signed at London on the 16th June, 1879,
by the following arrangements :-

ARTICLE I.

When any ship belonging to the subjects of one of the two Contracting States is wrecked or stranded on the coast of the other, the competent local authorities shall, with as little delay as possible, bring the fact to the knowledge of the Consul General, Consul, Vice-Consul or Consular Agent nearest to the spot where the wreck or stranding has taken place.

1 See now the Merchant Shipping Act, 1894 (57 and 58 Vict., c. 60) by which these Acts have been repealed.