Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 76 of 101)
Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 76 of 101)
Font size
QR-code for this ebook


18 to say,) twelve blue lights or twelve port nres, and one cannon
with ammunition for at least twelve charges, or, in the discretion of
the roaster or owner of such ship, with such other means of making
siffuals (if any) as may have previously been approved by the Boara
of Trade :
(6.) Every home trade steam ship employed to carry passengers by sea shelter for deck
shall be provided with such shelter for the protection of deck passen- P"»engcrs.
gers (if any) as the Board of Trade, having regard to the nature of
the passage, the number of deck passengers to be carried, the season
of the year, the safety of the ship and the circumstances of the case
^ may require :
And if any steam ship as aforesaid plies or goes to sea from any port in the
United Kingdom without being so provided as hereinbefore required, then for
each default in any of the above requisites the owner shall (if he appears to
be in fault|| incur a penalty not exceeding one hundred pounds, and the
master shall (if he appears to be in fault) incur a penalty not exceeding fifty
ponnds.

CCCII. If any person places an nndue weight on the safety valve of any Penalty for im-
steam ship, or, in the case of steam' ships surveyed as hereinafter mentioned, proper weight on
increases such weight beyond the limits fixed by such encrineer surveyor as ** *
hereinafter mentioned, he shall, in addition to any other liabilities he may
incur by so doing, incur a penalty not exceeding one hundred pounds. Surtft^ of

Pauemger

Survey of Passenger Steamers. steamers.

CCCIII. For the purpose of the enactments herein contained with respect Definition of pas-
to surveys and certificates of passenger steam ships, the word ** passengers" ••"*^' steamer,
shall be held to include any persons carried in a steam ship, other than the
master and crew and the owner, his family and servants ; and the expression
** passenger steamer" shall be held to include every British steam ship carry-
ing passengers to, from or between any place or places in the United King-
dom, excepting steam ferry boats working in chains, commonly called steam
bridges.

CCCIV. Every passenger steamer shall be surveyed twice at the least in Passenger
each year in manner hereinafter mentioned. I^?/ed.'^

CCCV. The Board of Trade may from time to time appoint such number ^^^^^^.

Digitized by VjOOQIC



cir



APPENDIX.



▼eyors, and fix
their remune-

TStiOD.



BuTvtjon to
have power to
Inspect.



Board of Trade
to regulate mode
of making sur-
veys.



Penalty on sur-
veyors receiving
fees unlawfully.



Owners to have
surveys made by
shipwright and
engineer sur-
veyors, and sur-
veyors to give
declarations.



of fit and proper persoDS to be shipwright surveyors and en^neer unreyon
for the purposes of this act at such ports or places as it thinks proper, tnd
may also appoint a surveyor general for th^ United Kingdom, and may from
time to time remove such surveyors or any of them, and may from time to
time Ax and alter the rates of remuneration to be received by sach surveyors.

CCCVI. It shall be lawful for the said surveyors in the execution of their
duties to go on board any steam ship at all reasonable times, and to inspect
the same or any part thereof, or any of the machinery, boat^ equipments or
articles on board thereof, or any certificates of the roaster or mate to which
the provisions of this act or any of the regulations to be made by virtue
thereof apply, not unnecessarily detaining or delaying the ship from proceed-
ing on any voyage, and, if in consequence of any accident to any such ship
or for any other reason they consider it necessary'so to do, to require the ship
to be taken into dock for the purpose of surveying the hull thereof; and any
person who hinders any such surveyor from going on board any such steam
ship, or otherwise impedes him in the execution of his duty under this act,
shall incur a penalty not exceeding five pounds.

CCCVII. The said surveyors shall execute their duties under the direction
of the Board of Trade, and such Board shall make regulations as to the
manner in which the surveys hereinafter mentioned shall be made, and as to
the notice to be given to the surveyors when surveys are required, and as to
the amount and pavment of any ti'avelling or other expenses incurred by
such surveyors in the execution of their duties, and may thereby determine
the persons by whom and the conditions under which such payment shall be
made.

CCCVIII. Every surveyor who demands or receives directly or indirectly
from the owner or master of any ship surveyed by him under the provisiuiis
of this act any fee or remuneration whatsoever for or in respect of such
survey, otherwise than as the officer and by the direction of the Board of
Trade, shall incur a penalty not exceeding fifty pounds.

CCCIX. The owner of every passenger steamer shall cause the same to be
surveyed at the times hereinafter directed by one of the said shipwright sur-
veyors and by one of the said engineer surveyors so appointed as aforesaid ;
such shipwright surveyor being, in the case of iron steamers, a person v^ho
is in the judgment of the Broad of Trade properly qualified to survey such
ships ; and such surveyors shall thereupon, if satisfied that they can nith
propriety do so, give to such owner declarations as follows :

The declaration of the shipwright surveyor shall contain statements of the
following particulars ; ^that is to say,)
(1.) That the hull of the ship is sufficient for the service intended and in

good condition :
(2.) That the partitions, boats, life buoys, lights, signals, compasses and
shelter for deck passengers, and the certificates of the master and mate
or mates, are such and in such condition as required by this act:
(8.) The time (if less than six months) for which the said null and equip-
ments will be sufficient:
(4.) The limits (^if any) beyond which, as regards the hull and equipments,

the ship is in the surveyor's judgment not fit to ply :
(5.) The number of passengers which the ship is in the judgment of the
surveyor fit to carry, distinguishing, if necessary, between the respec-
tive numbers to be carried on the deck and in the cabins, and in
difi*erent parts of the deck and cabins ; such numbers to be subject to
such conditions and variations, according to the time of year, ibc
nature of the voyage, the cargo carried, or other circumstance^ w
the case requires :



Digitized by



Google



17 & 18 Vict. c. 104. cv

And the declaration of the engineer surveyor shall contain statements of the
foilowing particulars ; (that is to say,)

(I.) Tnat the machinery of the ship is sufficient for the service mtended,

and in good condition :
(2.) The time (if less than six months) for which such machinery will be

sufficient:
(^) That the safety valves and fire hose are such and in such condition as
are required by this act :

The limits of the weight to be placed on the safety valves :
The limits (if any) beyond which, as regards the machinery, the ship
18 in the surveyor's judgment not fit to ply :
And such declarations shaU be in such form as the Board of Trade directs.



(4.)
(5.)



CCCX. The said owner shall transmit such declarations to the Board of TnmimUsion of
Trade within fourteen days after the dates of the receipt thereof respectively ; b^wTo" xJadi.
and in default shall forfeit a sum not exceeding ten shillings for every day p^^^jy f^^ ^^i^y^
that the sending of such declarations is delayed; and such sum shall be paid
upon the delivery of the certificate hereinafter mentioned in addition to the
fee payable for the same, and shall be applied in the same manner as such fees.

CCCXI. In all cases where it is possible the said half-yearly surveys shall Time* appointed
be made in the months of April and of October, and the declarations shall be tranwnSS of
transmitted on or before the thirtieth day of April and the thirty -first day of declarations.
October respectively; but if the owner of any passenger steamer is unable to
have the same surveyed in the month of April or October, (as the case may
be,) either by reason of such ship being absent from the United Kingdom
dnrinff the whole of those periods respectively, or by reason of such ship or the
machinery thereof being under construction or repair, or of sucli ship being
laid up in dock, or for any other reason satisfactory to the Board of Trade,
then be shall have the same surveyed as aforesaid as soon thereafter as pos-
sible, and shall transmit such declarations to the Board of Trade within
fourteen days after the receipt thereof, together with a statement of the rea-
sons which have prevented the survey of such ship at the time hereinbefore
prescribed, and shall, in case of delay in transmitting the declarations, be
liable to a forfeiture similar to that mentioned in the last preceding section.

CCCXII. Upon the receipt of such declarations the Board of Trade shall. Board of Trade
if satisfied that the provisions of the fourth part of this act have been com- to issue certifi-
plied with, cause a certificate in duplicate to be prepared and issued to the ^ ^'
effect that the provisions of the law with respect to the survey of the ship
and the transmission of declarations in respect thereof have been complied
with; and such certificate shall state the limits (if any) beyond which,
according to the declaration of the surveyors, such ship is not fit to ply, and
shall also contain a statement of the number of passengers which, according
to the declaration of the shipwright surveyor, such ship is fit to carry, distin-
euidhing (if necessary) between the respective numbers to be carried on the
deck and in the cabins and in dififereut parts of the deck and cabins, such
number to be subject to such conditions and variations according to the time
of year, the nature of the voyage, the cargo carried, and other circumstances,
as the case requires.

CCCXII I. The Board of Trade shall transmit such duplicate certificate to issue and trans.
the shipping master or to some other public officer at such port as the owner ™i*!jf*° of ccr-
may mention for the purpose or at the port where the owner or his agent
resides or where the ship was surveyed and is for the time being lying, and
shall cause notice of such transmission to be ^ven by post or otherwise
to the master or owner or his agent ; and the said shipping master or officer
shall deliver such duplicate certificate to the said owner, master or agent on
his applying and paying the fees and other sums (if any) herein mentioned as
payable in that behalf; and in proving the due issue and transmission to the



Digitized by



Google



CVl



APPENDIX.



Fees to be paid
for certificates.



owner, agent or master of such certificate, it shall be sufficient to show that
the same has been duly received by such shipping master or public officer as
aforesaid, and that due notice of the transmission thereof to such shipping
master or officer has been given to such owner, master or agent.

CCCXIV. The owner of every passenger steamer requiring a certificate
under the fourth part of this act shall pay for every certificate granted by the
Board of Trade such fees as such Board directs, not exceeding the fees men-
tioned in the table marked T. in the schedule hereto.



How long certifi-
cates to continue
in force.



Board of Trade
may cancel cer-
tificates, and re-
quire trcBh de-
clarations.



CCCXV. No certificate shall be held to be in force for the purposes of the
fourth part of this act beyond the date fixed by the Board of Trade for the
expiration thereof; and no certificate shall be in force after notice is given
by the Board of Trade to the owner, agent or master of the ship tb which
the same relates, that such Board has cancelled or revoked the same : Pro-
vided, that if any passenger steamer is absent from the United Kingdom at the
time when her certificate expires, no penalty shall be incurred for the want
of a certificate until she first begins to ply with passengers after her next
subsequent return to the United Kingdom ; and the Board of Trade may
require any certificate which has expired, or has been revoked or cancelled,
to be delivered up as it directs; and any owner or master who, withoot
reasonable cause, neglects or refuses to comply with such requirement, shall
incur a penalty not exceeding ten pounds.

CCCXVI. The Board of Trade may revoke and cancel such certificates in

any case in which it has reason to believe, —

(1.) That the declarations of the sufficiency and good condition of the

hull, equipments and machinery of any passenger steamer, or either of

them, have been fraudulently or erroneously made ; or,

(2.) That such certificate has otherwise been issued upon false or erroneous

information ; or,
(3.) Thnt since the making of such declarations the hull, equipments or
machinery of such ship have sustained any injury, or are otherwise
insufficient :
And in every such case the Board of Trade may, if it thinks fit, require the
owner to have the hull, equipments or machinery of such ship again surveyed,
and to transmit a further declaration or declarations of the sufficiency and
good condition thereof, before re-issuing any certificate or granting a fresh
one in lieu thereof.



Copy of certifi-
cate to be placed
in conspicuous
part of ship.



Ship not to pro-
ceed on her
Toyage without
certificate.



CCCXVI I. The owner or master of every passenger steamer shall forth-
with on the transmission of any such certificate as aforesaid to him or hu
agent cause one of the duplicates thereof so transmitted to be put up in some
conspicuous part of the ship, so as to be visible to all persons on board the
same, and shall cause it to be continued so put up so long as such certificate
remains in force and such ship is in use ; and in default such owner or master
shall for every offence incur a penalty not exceeding ten pounds.

CCCXVIII. It shall not be lawful for any passenger steamer to proceed
to sea or upon any voyage or excursion with any passengers on board, unless
the owner thereof has transmitted to the Board of Trade the declarations
hereinbefore required, nor unless the owner or master thereof has received
from such Board such a certificate as hereinbefore provided for, such certifi-
cate being a certificate applicable to the voyage or excursion on which such
ship is about to proceed ; and no officer of customs shall mnt any clearance
or transire for any passenger steamer unless upon the production of such cer-
tificate as aforesaid (being a certificate then in force and applicable as afore-
said) ; and if any passenger steamer attempts to ply or go to sea without such
production, any such officer may detain her until such certificate is produced ;
and if any passenger steamer plies or goes to sea with any passengers on



Digitized by



Google



17&18 Vict. c. 104. cvii

board, trithoat bavine one of the duplicates of such certificate as aforesaid
(being a certificate tuen in force, and applicable as aforesaid) so put up as
aforesaid in some conspicuous part of the ship, the owner thereof shall for
BQch ofience incur a penalty not exceeding one hundred pounds, and the
master of such ship shall also incur a further penalty not exceeding twenty
pounds.

CCCXIX. 'If the owner or master or other person in charge of any pas- Penalty for car-
senger steamer receives on board thereof or on or in any part thereof, or if 2*JfcSJ*of ^^"
such ship has on board thereof or on or in any part thereof, any number of numbers speci-
passengers which, having regard to the time, occasion and circumstances of *«^ "* certificate.
the case, is greater than the number of passengers allowed by the certificate,
the owner or master shall incur a penalty not exceeding twenty pounds, and
also an additional penalty not exceeding &ve shillings for every passenger
over and above the number allowed by the certificate, or, if the fare of any
of the passengers on board exceeds five shillings, not exceeding double the
amount of the fares of all the passengers who are over and above the number
so allowed as aforesaid, such fares to be estimated at the highest rate of fare
payable by any passenger on board.

CCCXX. Every person who knowingly and wilfully makes or assists in Forgery of decia-
making or procures to be made a false or fraudulent declaration or certificate Ji\i|j*S JJiSJ!.^^"
with respect to any passenger steamer requiring a certificate under the fourth meanor.
part of this act, or who forges, assists in forging, or procures to be forged,
fraudulently alters, assists in fraudulently altering, or procures to be fraudu-
lently altered, any declaration or certificate required by the fourth part of
this act, or any words or figures in any such declaration or certificate, or any
signature thereto, shall be deemed guilty of a misdemeanor.

CCCXXI. The said surveyors shall from time to time make such returns Surveyors to
to the Board of Trade as it requires with respect to the build, dimensions, JJ**^® ^nT^d °^
draught, burden, rate of sailing, room for fuel, and the nature and particulars otber^ankuiars
of machinery and equipments of the ships surveyed by them; and every of steam ships.
owner, master and engineer of any such ship shall, on demand, give to sucn !l!*iit*ers°to*/rive
surveyors all such information and assistance within his power as they require information for
for the purpose of such returns ; and every such owner, master or engineer ***** purpoae.
who, on bein^ applied to for that purpose, wilfully refuses or neglects to give
such information or assistance, shall be liable to a penalty not exceeding ^ye

?Oands. Afisconduetbv

Passengers iH

Misconduct by Passengers in Steamers, steamers,

CCCXXII. The following ofi*enders, that is to say, Penalties on per-

(1.) Any person who, after having been refused admission into any steamer Jn"^^ -"or^*^
by the owner or person in charge thereof or by any person in the
employ of the owner thereof, on account of such steamer being full,
ana after having had the full amount of his fare (if he has paid the
same) returned or tendered to him, nevertheless persists in attempting
to enter the same ; and
(2.) Any person, having got on board any steamer, who, upon being re- reftising to quit
quested on the like account by the owner or person in charge thereof **** *^^^*
or by any person in the employ of the owner to leave such steamer
before the same has quitted the place at which such person got on
board, and upon having the full amount of his fare (if he has paid the
same) returned or tendered to him, refuses to comply with such re-
quest:
Shall for each such ofience incur a penalty not exceeding forty shillings, to be
paid to the said owner.

CCCXXI 1 1. The followine offenders, that is to say, Penalty for

(1.) Any person who travels or attempts to travel in any passenger steamer avoiding payment



Digitized by



Google



CVIU



APPENDIX.



which has been duly surveyed in conformity with the provisiofls oi
this act, without having previously paid his fare, and with intent to
avoid payment thereof; and
(2.) Any person who, having paid his fare for a certain distance, know-
ingly and wilfully proceeds in any such steamer beyond such distance,
without previously paying the additional fare for the additional dis-
tance, and with intent to avoid payment thereof; and
(3) Any person who knowingly and wilfully refuses or neglects, on
arriving at the point to which he has paid his fare, to qnit any such
steamer ;
Shall for every such offence incur a penalty not exceeding five shillings, in
addition to the fare payable by him^ such penalty to be payable to the owaef
of such steamer.



Penalty on per-
sons refusing to
give their name
and addreu.



Power to reftise
or remove pas-
sengers who are
drunk or miscon-
duct themselves.



CCCXXIV. Every person who, having committed any of the offences
mentioned in the two last preceding sections or either of them, refuses on
application of the master of the ship or of any other person in the employ
of the owner thereof to give his name and address, or who, on such applica^
tion, gives a false name or address, shall incur a penalty not exceeding tweaatf
pounds^ to be paid to the said owner.

CCCXXV. The master of any home trade passenger steam ship may re-
fuse to receive on board thereof any person who by reason of drunkennen or
otherwise is in such a state, or misconducts himself in such a manner, as to
cause annoyance to other passengers on board, or if such person is on board,
may put him on shore at any convenient place ; and no person so refused ad-
mittance or put on shore shall be entitled to the return of any fare he may
have paid.



Accideni$. Accidents.

AccidentTto CCCXXVI. Whenever any steam ship has sustained or caused any acci-

steam "|>ip*^<> ^^ Jent occasioning loss of life or any serious injury to any person, or has re-
o?Tra!de.'*' *^ ceived any material damage affecting her seaworthiness or her eflScienc?
either in her hull or in any part of her machinery, the owner or master shall,
within twenty-four hours after the happening of such accident or damage, or
as soon thereafter as possible, send to the Board of Trade, by letter signed by
such owner or master, a report of such accident or damage, and of the pro-
bable occasion thereof, stating the name of the ship, the port to which she
belong, and the place where she is ; and if such owner or master neglect to
to do he shall for such offence incur a penalty not exceeding fifty pounds.

CCCXXVII. If the owner of any steam ship have reason, owing to the
nonappearance of such ship, or to any other circumstance, to apprehend that
such snip has been wholly lost, he shall as soon as conveniently may be send
notice thereof in like manner to the Board of Trade, and if he negiect so to
do within a reasonable time he shall for such offence incur a penalty not ex-
ceeding fifty pounds.

CCCXXVI II. In every case of collision, in which it is practicable so to
do, the master shall immediately after the occurrence cause a statement
thereof, and of the circumstances under which the same occurred, to be
entered in the official log book (if any), such entry to be signed by the master,
and also by the mate or one of the crew, and in defiEiult shall incur a peoalty
not exceemng twenty pounds.

Carrying Dangerous Goods,

CCCXXIX. No person shall be entitled to carry in any ship, or to require

the master or owner of any ship to carry therein, any aquafortis, oil of viuiol,

gunpowder or any other goods which, in the judgment of such master ur

owner, are of a dangerous nature ; and if any person carries or sends by any



Notice to be

given ol appre-
ended loss of
steam ships.



Collisions to be
entered in official
log.



Carrying
Dattgerotu Goods.

Provisions to pre-
vent the taking
dangerous goods
on board without
due notice.



Digitized by



Google



17 & 18 Vict. c. 104. cix

ship any goods of a dangerous nature without distinctly marking their nature
on the outside of the package containing the same, or otherwise giving no-
tice in writing to the roaster or owner at or before the time of carrying or
sending the same to be shipped, he shall for every such offence incur a penalty
not exceeding one hundred pounds ; and the master or owner of any ship
may refuse to take on board any parcel that he suspects to contain goods
of a dangerous nature, and may require them to be opened to ascertain the
fact

PART V.

PILOTAGE.

Application. Jpplieation.

CCCXXX. The fifth part of this act shall apply to the United Kingdom Application of

only. Part V. of Act.

Powert of Pilotage

Powers of Pilotage Authorities {General), {General).

CCCXXXI. Every pilotage authority shall retain all powers and jurisdic- GcnenUjurisdic-

tion which it now lawfully possesses, so far as the same are consistent with tionof puotage

the provisions of this act ; but no law relating to such authority, or to the »uthoriiic8.
pilots licensed hj it, and no act done by such authority, shall, if inconsistent
with any provision of this act, be of any force whatever.

CCCXXXII. Every pilotoge authority shall have power, by byelaw made Power of pilotage

with the consent of her Majesty in council, to exempt the masters of any J5akeand extend

ships, or of any classes of ships, from being compelled to employ qualified exemptions ttom

pilots, and to annex any terms or conditions to such exemptions, and to re- compuiwry pUot-

visc and extend any exemptions now existing by virtue of this act or any **®"



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 76 of 101)