CHAPTER IV. FORMS TO BE OBSERVED IN MATTERS AFFECTING THE BRITISH MERCANTILE MARINE, UNDER INSTRUCTIONS FROM THE BOARD OF TRADE, AND THE MERCHANT SHIPPING ACTS. Remarks.-The duties of Consular Officers relating to matters affecting the British Mercantile Marine are specified in the following Acts, viz. :* 17 & 18 Vict., c. 104 † 17 & 18 Vict., c. 120 Aug. 10, 1854. Aug. 11, 1854. 18 & 19 Vict., c. 91 Aug. 14, 1855. $25 & 26 Vict., c. 63 July 29, 1862. 30 & 31 Vict., c. 124 Aug. 20, 1867. May 13, 1869. 34 & 35 Vict., c. 110 Aug. 21, 1871. 35 & 36 Vict., c. 73 Aug. 10, 1872. Act, 1854," is divided into eleven parts:— Part I.-The Board of Trade and its functions (§ 6 to § 16). Part II.-British ships, their ownership, measurement and registry (§ 17 to § 108). Part III.-Masters and Seamen. Local Marine Boards (§ 110 to § 121). Shipping Offices (§ 122 to § 130). Examinations and Certificates of Masters and Mates (§ 131 to § 140). Apprenticeships to sea service (§ 141 to § 145). Engagement of Seamen (§ 146 to § 167). Allotment of wages (§ 168 to § 169). Discharge and payment of wages (§ 170 to § 180). Legal right to wages (§ 181 to § 187). Mode of recovering wages (§ 188 to § 191). Relief to seamen's families out of poor rates (§ 192 to § 193). Wages and effects of deceased seamen (§ 194 to § 204). Leaving seamen abroad (§ 205 to § 213). Volunteering into the Navy (§ 214 to § 220.) Provisions, health and accommodation (§ 221 to § 231). Power of making complaint (§ 232). Protection of seamen from imposition (§ 233 to § 238). Discipline (§ 239 to § 259). Naval Courts on the high seas and abroad (§ 260 to § 266). Official logs ($ 283 to § 289). *Hertslet, vol. ix, 777. Hertslet, vol. ix, 972. + Hertslet, vol. ix, 969. § Hertslet, vol. xi, 328. Part Part Part IV.-Safety and prevention of accidents (§ 291 to § 329). Part VII.-Mercantile Marine Fund (§ 417 to § 431). Part VIII.-Wrecks, casualties and salvage, by § 9 of Admiralty Court Act, 1861, provisions in regard to salvage of life in the United Kingdom, are extended to British ships wrecked abroad. See Board of Trade Circular, 333, Oct.1868 (§ 432 to § 501). Part Part Part IX.-Liability of shipowners (§ 502 to § 516). X.-Legal procedure (§ 517 to $ 543). The Act 17 & 18 Vict., c. 120,* "An Act to repeal certain Acts and parts of Acts relating to Merchant Shipping, and to continue certain provisions of the said Acts," so far as it relates to lighthouses, local marine boards, pilotage and seamen; and to Natives of Asia, Africa, &c., brought in British or Foreign ships. The Act 18 & 19 Vict., c. 91,†"An Act to facilitate the erection and maintenance of Colonial Lighthouses, and otherwise to amend the Merchant Shipping Act, 1854," is cited as the Merchant Shipping Amendment Act, 1855, and contains provisions with respect to:-colonial lighthouses; registry of ships; masters and seamen; additional powers of naval courts; wrecks; casualties and salvage; jurisdiction in cases of offences on board ship; relief of distressed natives of India. By 18 of the Merchant Shipping Act Amendment Act, 1855, it is enacted, that "Any naval court summoned, under the provisions of the Merchant Shipping Act, 1854, to hear any complaint touching the conduct of the Master or any of the crew of any ship, shall, in addition to the powers given to it by the said Act (§ 260 to § 266, Oct., 1854), have power to try the said Master or any of the said crew for any offences against the Merchant Shipping Act, 1854, in respect of which two justices would, if the case were tried in the United Kingdom, have power to commit summarily, and by order duly made to inflict the same punishments for such offences which two justices might in the case aforesaid inflict upon summary conviction; provided, that in cases where an offender is sentenced to imprisonment the sentence shall be confirmed in writing by the Senior Naval or Consular Officer present at the place where the court is held, and the place of imprisonment, whether on land or on board ship, shall be approved by him as a proper place for the purpose, and copies of all sentences made by any naval court summoned to hear any such complaint as aforesaid shall be sent to the Commander-in-Chief or Senior Naval Officer of the Station, The Act 25 & 26 Vict., c. 63.‡-An Act to amend "The Merchant Shipping Act, 1854," "The Merchant Shipping Act Amendment Act, 1855," and "The Customs Consolidation Act, 1853," contains enactments relating to registry and measurement of tonnage, certificates for engineers, masters and seamen, wages and effects of seamen discharged or dying abroad, cancellation of certificates, naval courts, lights, fog signals and sailing * Herts., vol. ix, 969. + Herts., vol. ix, 972. Herts., vol. xi, 328. rules, collisions, surveys of steamers, disorderly passengers, carriage of dangerous goods, pilotage, lighthouses, wreck and salvage, limitation of shipowners' liability, arrangements concerning lights, sailing rules, salvage, and measurement of tonnage in the case of foreign ships, delivery of goods,. entry of foreign goods, rules concerning lights, steering and sailing. The Act 30 & 31 Vict., c. 124, cited as the Merchant Shipping Act, 1867, contains enactments relating to medicines and antiscorbutics. It provides that a seaman's expenses in case of illness through neglect of owner or master shall be paid by them, and that his wages shall be forfeited when illness is caused by his own default. It gives rules with respect to accommodation on board ship and for the medical inspection of seamen, and defines jurisdiction in case of offences by British subjects on board ships. The Act 32 Vict., c. 11, "An Act for amending the law relating to the Coasting Trade and Merchant Shipping in British Possessions," is cited as "The Merchant Shipping (Colonial) Act, 1869," gives powers to the Board of Trade to make regulations regarding the use, issue, delivery, cancellation and suspension of Colonial certificates of competency. These rules are issued in Order in Council, dated 30th March, 1871, and transmitted in Board of Trade Circular, No. 471, May 1871. The Act 34 & 45 Vict., c. 110, "An Act to amend the Merchantc Shipping Acts," is cited as the Merchant Shipping Act, 1871. It contains provisions concerning the particulars to be marked on ships before registry, the record to be made of ships' draught of water, rules to be observed in naming of ships, survey of ships alleged by seamen to be unseaworthy, power of naval courts to direct survey of ships. It enacts, that in cases of collision Master is to give name, &c., of vessel, that the Board of Trade may declare ship unseaworthy, and by section 11* makes sending unseaworthy ship to sea a misdemeanour. The Act 35 & 36 Vict., c. 73, "An Act to amend the Merchant Shipping Acts and the Passenger Acts," is cited as the Merchant Shipping Act, 1872. Its chief provisions are— § 3. Transfer to Board of Trade of duties of Commissioners of Customs with respect to measurement of ships. § 4. Transfer to Registrar-General of duties with respect to registry of ships. $$ 5, 6 and 7. Transfer to Board of Trade of other powers regarding emigration. 8. Passenger steamers to be surveyed once in every year. $$ 9 to 17 refer to pilotage, chain cables, duties of surveyors, their fees, time agreements in home trade ships, recommendation by Admiralty of Officers for Naval Reserve. The Act 36 & 37 Vict., c. 85, "An Act to Amend the Merchant Shipping Acts," is cited as the Merchant Shipping Act, 1873. It contains provisions with reference to― § 3. Particulars to be marked on British ships. § 4. Particulars to be entered in record of draught of water. § 5. Rules as to names of foreign ships placed on British register. *Repealed by 39 & 40 Vict., c. 80 (1876). § 6. Restrictions on re-registration of abandoned ships. § 7. Agreements with seamen. § 8. Agreements with fishermen. § 9. Compensation to seamen for unnecessary detention on charge of desertion. § 10. Mercantile Marine Officers and examinations. Repealed by 39 & 40 Vict., c. 80 (1876). § 11. Application of certain provisions of Merchant Ship ping Act to foreign ships. 12. Survey of ships suspected of being unseaworthy. § 13. Costs of Survey. § 14. Appeal from Board of Trade. § 15. Power of Board to vary requirements as to boats. § 16. Duties of Masters in case of collision. § 17. Their liability. S$ 18, 19, 20, 21. Signals of distress and for pilots. § 29 to 33. Miscellaneous and repeal. The Act 39 & 40 Vict., c. 80 (August 15, 1876), “An Act to amend the Merchant Shipping Acts,” is cited as the Merchant Shipping Act, 1876. It contains further provisions with respect to the sending to sea of unseaworthy ships; the overloading of foreign ships in ports in the United Kingdom; regulations respecting passenger steamers and emigrant ships; grain cargoes (§ 3 of Act, 1875; re-enacted); deck cargoes; deck and load-lines; investigations into shipping casualties, &c. There are also the duties under the Passengers Acts, viz., 18 & 19 Vict., c. 119 (August 14, 1855), and 26 & 27 Vict. c. 51 (July 13, 1863). By § 10 of the Act, 1855, the Master of a British "Passenger Ship," as defined by the Act, arriving at any port abroad, is bound, under a penalty not exceeding £50, to give Her Majesty's Consular Officer at the port every facility for inspecting the ship, and communicating with the passengers, to see that the provisions of the Act have been duly complied with. By § 52 and § 53 of the Act, 1855, and § 15 and § 16 of the Act, 1863, passengers shipwrecked, or wrongfully landed and left behind at a foreign port, may be forwarded to their intended destination by Her Majesty's Consular Officer, any expenses so incurred are a charge on the ship, and may be recovered by Her Majesty's Government, on evidence afforded by a certificate of the Consular Officer in Sched. (A.) (page 200). Feet. Tenths. Length from the Forepart of Stem under the Bowsprit to the Main Breadth to Outside of Plank Depth in Hold from Tonnage Deck to Ceiling at Midships.. (a) Additional Particulars for Steamers. Deduction for Space required for Propelling Power (say whether 37ths or 32ths, or as measured).. Length of Engine Room (if measured) Engines Combined Power (estimated Horse-power) Feet. No. of Tons. Tons. Tenths. Number of Engines. No. of Horses-power. Register Tonnage (after making Deduction for I, the undersigned A.B., Dated at of having surveyed the above-named Ship, hereby certify that the above particulars are true. the day of (Signed) 18 (a) Omit this part if she has no Steam Power. C |