UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE LAW KEfyATIN'O Til SHIPMASTERS AND SEAMEN. THE LAW UEI.ATIXf: TO SHIPMASTERS AND SEAMEN, THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, LIABILITIES AND REMEDIES. JOSEPH KAY, Esq, M.A., Q.C., OF TRIN. COLL., CAMBRIDGE, AND OF THE NORTHERN CIRCUIT; SOLlCITOR-GENtRAL OF THE CODNTY PALATINE OF DURHAM ; ONE OF THE JUDGES OF THE COURT OF RECORD FOR THE HUSDRRD OF SAI.FORD ; AND AUTHOR OF " THE SOCIAL CONDITION AND EDUCATION OF THE PEOPLE IN ENGLAND AND EUROPE." VOL, II. Pages 731 to the end. LONDON : STEVENS & HAYNES, ^.''alu |lublisbers, BELL YARD, TEMPLE BAR. LS75. / |B7 r . 1^ I.ONDOS : BRAPBIRV, AONKW, & CO., PRINTKttS, WHITEFRIAR.S. • J3740^. f PART X. PILOTS. Chap. I.— Origin of Pilots „ II. — Definition of TERMS USED BY AND APPLICA- TION OF Sections of Mer- chant Shipping Act relating TO Pilots Chap. ILL— Pilotage Au THORITIES Sect. 1. — Powers of . „ 2. — Returns by . Chap. IV. — Licensing of Masters and Mates . Chap. V. — Pilot Boats and Pilot Licences Chap. VI. — What Skinals MUST BE USED AND DISPLAYED WHEN A Pilot is wanted . Chap. VII. — "When it is the Master's Duty, irrespective of the Statute, to e:\iploy a Pilot, and the conse- quences OF HIS not doing SO. Chap. VIII. — Compulsory Pi- lotage Sect. L — In what cases tlie eiuploynient of pilots is eompitlsnry . „ 2. — In wliat cases ships are oxeinptod from the re;;ulat ion respecting compulsory pilotage „ 3.— What will ex- cuse a master not em- ploying a pilot Chap. IX. — The Master's Duties and Authority while THE Pilot is tn charge op the Ship . . . . 732 I Chap. X. — The Authority OF THE Pilot while the ship IS under his care Chap. XI. — The Limitation OF the Liability of Owners r33 and Masters, where Pilot- age is compulsory 782 734 Sect. 1.— The liability of 734 owners and masters fur 737 the default of the pilot irrespective of the sta- 745 tute „ 2.— The ."Statutable 782 750 limit.ition ,, 3. — To entitle owners and masters to pro- 783 753 tection, the default causing the injury must relate to some duty of the pilot 78S „ 4. — To entitle owners 756 and masters to pro- tection, they must prove 761 that the injury was due solely to the pilot's default 7vS9 761 „ 5. — Respective liabi- lities of owners, master, and pilot, in cases of sliips in tiiw 703 766 Chap. XII.— Rights, Privi- leges, AND Remuneration of Pilots .... 796 774 Ch.vp. XIII. — Offences of Pilots 8(U Chap. XIV. — The Trinity House 8'M 776 Si:ev. 1, — General powei-s of 3 B 804 732 PAET X.— PILOTS. Chak L] Orujin of / ilofs. Sect. 2. — Sub - commis- sionors nml ]iilot . . f^0{5 „ 3. — Compulsory pi- lofcigo .... 808 „ 4. — Rites of pilotiige 811 „ 5.— Pilot fuml . .813 ,, (■>. — Ai>iKiiiitmont of snl) - coiiiinissioncrs by Trinity Houses of Hull and Newcastle . . 814 Chap. XV. — When Pilots May claim Salvage, (See Salvage, Part XIII., Chap. iii. Sect. 11.) CHAPTER I. ORIGIN or PILOTS. Tiir. lininense benefits ^vlli(•]l result to all interested In shipping, fn.ni there being nlways a sufficient number of competent pilots along the coasts of islnnils like ours, early secured for the pilots the prt»tection and encouragement of the Government. 'J'hey were incorporated by royal charter, with a variety of j)nvileges, at dilferent pai'ts of the coasts and rivers, and Acts of rarliament hove been passed from time to time, rendering the enii»li»yiiicnt of licensed ])ilots, within certain districts, com- pulsory on outward ;iiid homeward bound ships engaged in foreign trade {n). \'arious Acts of Parliament are in force at diiferen^ ports, and bye-laws have been made under their authority, defining the duties, remuneration, and privileges of the pilots at different ports. A volume would be needed to state them all. liittle mon- can be attempted here than to state the laws which relate to tlie pilots generiiliy, and to their relations with the in asters. The existing powers and jurisdiction of these pilotage authorities liave been confirmed by The Merchant Shipping Act, HO far as they arc not inconsistent with its provisions. ('!} Tho prior j?oneral statutes for- Goo. IV. c. l'2.j ; Hi & 17 Vict. c. inorly in forro with rerard to jjilot- 129. Law v. Jlulliitsworth, 7 T. K. age were the b'l (Jco. 111. c. 'M\ (> lou. CHAPTER II. definition; of terms T^SED by AXD Ari'LICATIOX OF SECTIONS OF MERCHANT SIIU'PING ACT RELATING TO PILOTS. By sect. 2 of The Merchant Shipping Act, 1854 {a),— " The Trinity House " shall mean the Master, Warden and Assistants of the Guild, Fraternity, or Brotherhood of the most Glorious and Undivided Trinity, and of St. Clement, in the parish of Deptford Strond, in the county of Kent, commonly called the Corporation of the Trinity House of Dei^tford Strond : *' Pilotage authority " shall include all bodies and i)ersons authorised to appoint or license pilots, or to fix or alter rates of pilotage or to exercise any jurisdiction in respect of pilotage : " Pilot " shall mean any person not belonging to a ship who has the conduct thereof : " Qualified pilot " sliall mean an}- person duly licensed bj' any pilotage authority to conduct sliii)s to wliich he does not belong. The fifth part of The Merchant Shipping Act, i.e., the sections relating to pilotage, apply to the United Kingdom only (/>). (./) 17 & IS Vict. c. 104. (/>) 17 & IS Vict. c. 104, s. ;«0. 3 B 2 CHAPTER III. PILOTAGE AUTHOKITIES (c). Sect. 1. — Powere of. . . 734 | Sect. 2.— Returns by r37 General jurisdiction of pilotage authorities. Power of I)ilot'ige authcirities to make and extend exemptions from compulsory pilotage. Powers of pilotage authorities. To determine qaalifi rations of pilots : To make regulations as to pilot boata : Sect. 1. Poicers of jnlotage authorities (c) {general). Every pilotage authorUv (c) shall retain all powers and jurisdic- tion -svliich it now lawfully possesses, so far as the same are con- sistent with the provisions of this Act ; but no law relating to such authority, or to the pilots licensed by it, and no Act done by such authority, shall, if inconsistent with any provision of this Act, be uf any force whatever (a). Every pilotage authority (c) shall have power, by bye-law made with the consent of Her INIajesty in Council, to exempt the masters of any ships, or of any classes of ships, from being compelled to employ qualified pilots, and to annex any terms or conditions to such exemptions, and to revise and extend any exemptions now existing by virtue of this Act or any other Act of Parliament, law, or charter, or by usage, upon such terms and conditions and in such manner as may appear desirable to such authority {h). Subject to the provisions contained in the fifth part of this Act, it shall be lawful for every pilotage authority (r),by bye-law made with the consent of Her Majesty in Council, from time to time to do all or any of the following things within its districts ; (that is to say,) (1.) To determine the qualifications to be required from persons applying to be licensed as pilots, whether in respect of their age, skill, time of service, character, or otherwise : (2.) To make regulations as to the approval and Hcensing of pilot boats and ships, with power to establish and regulate companies for the support of such boats and ships, and for a pailicipation in the profits made thereby ; the com- (c) Ante, p. 733. (o) IT &. 18 Vict. c. 104, H, 331. {h) Ibid., s. 332. PAKT X.— PILOTS. 735 Chap. Ill ] Pilotage authorities. [Sect. L panies so established to be exempt from the provisions of tlie Act passed in the session holden in the seventh and eighth years of the reign of Her present Majesty, chapter one hundred uiid ten, intitviled " An Act for the Kegistration, Incorporation, and Keguhition of Joint Stock Companies : " (3.) To make reguhitions for the government of the pilots To make licensed by them, and for insuring their good conduct, the government and their constant attendance to and etiectual performance "^ 1"'°*^ '■ of their duty, either at sea or on shore : (4.) To fix the terms and conditions of granting licences to To make pilots and apprentices, and of granting such pilotage ^^to Hcences certificates as hereinafter mentioned to masters and '^"'^.^ certincates : mates, and to make regulations for punishmg any breach of such regulations as aforesaid committed by such pilots or apprentices or by such masters and mates by the with- drawal or suspension of their licences or certificates, as the case may be, or by the infliction of penalties to be recoverable summarily before two justices, so that no such penalty be made to exceed the sum of twenty pounds, and so that every such penalty be capable of reduction at the discretion of the justices by whom the same is inflicted : (5.) To fix the rates and prices or other remuneration to be To alter and demanded and received for the time being by pilots ^iiot^g . licensed by such authority, or to alter the mode of remunerating such pilots, in such manner as such .authority may, with such consent as aforesaid, think fit, so that no higher rates or prices be demanded or received from the masters or owners of ships in the case of the Trinity House than the rates and prices specified in the table marked U. in the schedule hereto (c), and in the case of all other pilotage authorities, than the rates and prices which might have been lawfully fixed or demanded by such pilotage authorities respectively under any Act of Parliament, charter, or custt>m in force iannediately before the commencement of this Act : ((•) Sec iul'ra, Appendix No. 19. 736 P^-^I^T X.— riLOTS. Chap. III.] Pilotage authorities. [Sect. I. To arn»n-c the (0.) To make sucli arrangements with any other pilotage piTot^ authority for altering the limits of their respective districts : districts, and for extending the powers of such other authority or the privileges of the pilots licensed by such other authority or any of them to all or an}' part of its own district, or for limiting its own powers or the privileges of its own pilots or any of them, or for sharing the said last-mentioned powers and privileges with the said other authority and the pilots licensed hy it, or for delegating or surrendering such powers and privileges or any of them to any other i)ilotage authority either already constituted or to he constituted by agreement between such authorities, and to the pilots licensed by it, as may appear to such pilotage authorities to be desirable for the purpose of facilitating navigation or of reducing charges on shipping : To estM.Iieh (7.) To establish, either alone or in conjunction wdth any other funds for pilotage authority or authorities, funds for the relief of aiiiiuatfd superannuated or mfirm qualified pilots, or of their wives, widows, or children, or to make any new regulations with respect to any funds already applicable to the above pur- poses or any of them, with power to determine the amount, manner, time, and persons (such persons to be in the service of such pilotage authority) to and in which and by and upon whom the contributions in support of such existing or future funds may be made or levied ; and further, to declare the persons or class of persons (such persons or class of persons being conhned to men in the service of such pilotage authority, their wives, widows, or children,) entitled to particii)ate in the benefits of such existing or future funds, and the terms and conditions upon wliich they are to be so entitled : To alter bye- C^) 'i'<> repeal or alter any bye-law made in exercise of tlie above "^"^ powers, and to make a new bye-law or new b3'e-hnvs in lieu there(jf: -Vnd every bye-law duly made by any pilotage authority in exercise TAIiT X.— riLOTS. 737 Chap. III.] Pilotage aidhorities. [Sect. II. of the powers hereby given to it shall be valid and effectual, not- withstanding any Act of Parliament, rule, law, or custom to the contrary (c). Every bye-law proposed to be enacted by any pilotage authority ruMication of in i)ursuance of tlic foregoing powers shall, before it is submitted ^^" to Her Majesty in Council for lier assent, be published hi such manner as may from time to time be prescribed by the Board of Trade (cl). Every order in council made in pursuance of the provisions p.ye-!aws to be hereinbefore contained shall be laid before both Houses *jf pailianicnt. rai-liament as soon as possible after the making thereof (c). If the greater part in number of the qualified pilots belonging po^.gi. „f to any port, or the local marine board, where there is one, or, at '^I'l^^^^'^^^"^^ any port where there is no local marine board, if any masters, owners, or insurers of ships, being not less than six in nundjcr, consider themselves aggrieved by any regulation or bye-law in force when this Act comes hito operation or hereafter made under some authority other than the provisions of this Act, or by any defect or omission therein, they may appeal to the Board of Ti'ade, and the said board may thereupon revoke or alter any such regulation or bye-law, or may make additions thereto, in such manner as, having regard to the interests of the persons concerned, may appear to be just and expedient ; and every order so made shall be conclusive in tlie matter (,f). Sect. 2. Returns hi/ pilotage authorities {general), Everv pilotaue uulhority shall deliver periodically to the Board rriotajre . " ^ . autliorilies to of Trade, in such lorm and at such tunes as such board requu-es, make MI returns of tlie following particulars with regard to pilotage within J^"™ ofrSde the port or district under the jurisdiction of such authority ; (that of certain ^ " l>ai-tieuJulsoiy mentioned, to do the following things ; (that is to say,) pilotjige. To exempt the masters of any ships or of any classes of ships To alter and from being compelled to employ qualified pilots : piloU"e.' To lower and modify the rates and prices or other remuneration to be demanded and received for the time being by pilots licensed by such authority : (//) 17 & 16 Vict. c. lUl, s. 038. (0 Ibid., s. 339. 740 PART X.— riLOTS. Cuip. III.] Pilofcu/e autJiorities. [Sect. II. To arrange the liiuiti! of pilotage districts. Power J>y lirovi.siou:il orJcT, — To transfer I>ilot;i{;c jurisdictionu An) 17 & 18 Vict. c. 104, s. 341. certificate was not granted to the ('') Ante, p. 733. PART X.— PILOTS. 747 Chap. IV.] Lkensmg of masters and mates. upon such terms and conditions, and subject to such regulations, as such Board may think fit ; and such certificate shall have the same effect as if it had been granted by such pilotage authority as aforesaid ; and such certificate shall be in force for one year, and may be renewed from year to year, either b}' the said authorities in manner hereinbefore mentioned, or by the Board of Trade, if such Board thinks fit, such renewal to be indorsed on the said certificate, either by such person as the Board of Trade may ajipomt for the purj)ose, or in manner hereinbefore provided as to certificates granted by any pilotage authority (c). All masters or mates to or for whom any such pilotage certifi- Fees to be paid cates as aforesaid are granted or renewed by any pilotage certificates and authority (e) shall pay to such authority, or as it directs, such fees ^j'^ renewals ui)on their respective certificates and upon the renewals thereof as are from time to time fixed for that purpose by such authority, with the consent of the Board of Trade ; and all masters and mates to or for whom any such certificates are gi'anted or renewed by the Board of Trade shall pay to such Board, or as it directs, such fees upon their certificates and upon the renewals thereof as maj' be fixed by such Board, so nevertheless that in the case of pilotage certificates granted or renewed b}' the Board of Trade such fees shall in no case be less than the fees payable by the qualified pilots in the same district upon theii' licences and the renewal thereof ; and such fees shall in the case of certificates and renewals granted by pilotage authorities be applicable either to paying the expense of the examinations, or any other general expenses connected with pilotage incurred by such authorities, or to the Pilots Superannuation Fund of the district (if any), or otherwise for the benefit of the pilots appointed by such authori- ties, as such authorities think fit ; and such fees shall in the case of pilotage certificates granted or renewed by the Board of Trade be applicable to the expense of the examinations, and the surplus (if an}') shall be ai)plied for the benefit of the quahfied pilots of the port or district to which such certificates apply, in such manner as such Board thinks fit {d). {cj 17 & 18 Vict. c. 104, s. 0-12. (-/) Ibid., s. o-iS. (r) Ante, p. Too, 3 •■48 PAET X.— PILOTS. ClIAl'. IV.] Licenwig of masiers and mates. P'lwer to witlulniw jiilotage certificates. Certificates how to be granted to masters and mates of certain ships carrying passengers. If at any time it appears to the Board of Trade or to any pilotage autliority that any master or mate to whom a pilotage certificate has been granted by such Board or authority has been guilty of misconduct, or has shown himself incompetent to pilot his ship, such Board or such autliority (as the case may bo) may thereupon withdraw his certificate, and such certificate shall thenceforth cease to be of any effect whatever (e). Any master or mate of a ship, which by the last preceding section (sect. 354 of 17 & 18 Vict. c. 104), is made subject to compulsor}' pilotage (/), may apply to the Board of Trade for a certificate and the Board of Trade shall thereupon, on satis- factory proof of his having continuously piloted any ship within the Hmits of any pilotage district or of any parts or part thereof for two years prior to the commencement of this Act, or upon satisfactory proof by examination of his competency or otherwise as it may deem expedient, cause to be granted to him, or to be indorsed on any certificate of competency or service obtained by him under the third part of this Act, a certificate to the effect that he is authorized to pilot any ship or ships belonging to the same owner, and of a draft of water not greater than such draft as may be specified in the certificate within the limits aforesaid ; and the said certificate shall remain in force for such time as the Board of Trade directs, and shall enable the master or mate therein named to conduct the ship or ships therem specified within the limits therein described to the same extent as if the last preceding section had not been passed, but not further or otherwise ; and every such master or mate shall upon applying for such certificate or for an}'^ renewal tliereof, pay to the Board of Trade or as it directs such fees not exceedmg the fees payable on an examination for a master's (r) 17 & 18 Vict. c. 104, s. 344. (/) i.e., " ships carrying passen- gers between any place situate in the United Kingdom, or the islands of Guernsey, Jersey, Sark, Alderney and Man, and any other place so Bituato. when navigating upon any waters situate within the limits of any district, for which j^ilots are licensed by any pilotage authority, under the provisions of this or any other Act, or upon any i)art thereof so situate." 17 & 18 Vict. c. 104, s. 3J4. PART X.~PILOTS. 749 Chap. IV.] Licensing of masters and mates. certificate of competency under the tliird part of tliis Act (7), as the Board of Trade directs; and such fees shall be applied in the same manner in which the fees payable on such last- mentioned examination are made applicable (/z). (y) Ante, p. 747. (//) 17 & 18 Yict. c. 104, s. 355. .3 2 CHAPTER V. PILOT BOATS AND PILOT LICENCES. Pilot boats (general). Pilot boats how All boats Riid sliips I'egularly emplo3'ed in the pilotage service to be provided. ^|- ^^^^ly district shall be approved and licensed by the pilotage authority [z) of such district, who may, at their discretion, appoint and remove the masters of such boats and ships (a). Characteristics Every pilot boat or ship shall be distinguished by the following pi od . (>];^aracteristics ; (that is to say,) (1.) A black colour painted or tarred outside, with the exception of such names and numbers as are hereinafter mentioned; or such other distmguishing colour or colours as the I)ilotage authority of the district, with the consent of the Board of Trade, directs : (2.) On her stern the name of the owner thereof and the port to which she belongs painted in white letters at least one inch broad aiid three inches long, and on each bow the number of the licence of such boat or ship : (3.) When afloat, a flag at the mast-head or on a sprit or staff", or in some other equally conspicuous situation ; such flag to be of large dimensions compared with the size of the boat or sliij) carrying the same, and to be of two colours, the upper horizontal half white, and the lower horizontal half red : And it shall be the duty of the master of such boat or ship to attend to the following particulars : first, that the boat or ship possesses all the above characteristics ; secondly, that the afore- said flag is kept clean and distinct, so as to be easily discerned at (;;) Ante, p. 73:3. («) 17 & 18 Vict. c. 101, s. 345. PART X.— PILOTS. Chap. V.] Pilot boats and pilot licences. a proper distance ; and, lastly, that the names and numbers before mentioned are not at any time concealed ; and if default is made in any of the above particulars he shall incur a penalty not exceeding twenty pounds for each default (b). "Whenever any qualified pilot is carried off in a boat or ship not Q"^'*''^^ P''"* , . . -"^ to (Jisj)lay nag in the pilotage service he shall exhibit a flag of tlie above descrip- though not in tion, in order to show that such boat or ship has a qualified pilot on board ; and if he fails to do so, without reasonable cause, he shall incur a penalty not exceeding fifty pounds (c). If any boat or ship, not having a licensed pilot on board, dis- Penalty on plays a flag of the above-mentioned description, there shall be dllpkyingpUot incurred for every such offence a penalty not exceeding fifty ^'^• pounds, to be recovered from the owner or from the master of such boat or ship ((/). Pilut licences {general). Every qualified pilot on his appointment shall receive a licence, Kegistry of containing his name and usual place of abode, together with a ^' ° ^^^^^ ' description of his person, and a specification of the limits within which he is qualified to act : and it shall be the duty of the principal officer of customs at the place at or nearest to wliicli any qualified pilot may reside, upon his request, to register liis licence ; and no qualified pilot shall be entitled to act as such until his licence is so registered ; and any qualified pilot acting beyond the limits for which he is qualified by his licence shall be considered as an unqualified pilot (c). Every qualified i)ilot shall, upon receiving his licence, be Copies of furnished with a copy of such part of this Act as relates to pilotage, be^'filrli'shed'to together with a copv of the rates, byelaws, and regulations q"'^li*icd pilot, and to be established within tlie district for which he is licensed ; and he produced by shall produce such copies to the master of any ship, or other person emplopng him, when required to do so, imder a penalty in case of default not exceeding five pounds (/). {h) 17 & IS Vict, c. 104, s. 34G. (t) Ibid., s. 349. (c) Ibid., 8, 347. (/) Ibid., s. 3J0. ( /^ pius-senger ships place situate in the United Kingdom, or the Ishinds ot (jriienisey, to employ select. Thu-s, he was entitled to iiso another vessel, or boats, or a steam tug for this purpose ; and if this could not be done without necessarily- devolving upon those, who applied the power, the selection of the course, and a certain portion, or indeed all the charge and conduct of the ship in that course, still, if the bonil fide object of the employment was the motive power, the person so em- ployed was not a pilot, and was not within the meaning of the Act. Beilhi/ V. Scott, 7 M. & W. 93. The amount of the pilotage upon which the penalty is to be paid, is that which would accrue on all the remaining voyage, during which the master was bound to have a pilot on board. See Madde v. Landon, 6 Taunt. 256, decided on a similar provision in 52 Geo. III. c. 39, s. 11. The system of compelling ships to employ pilots, whether the masters need them or not, certainly seems open to grave objections. 1. It obHges many ships, which do not require pilots, to jiay for keeping up a staff for those, who do. 2. It tends to render masters and mates less anxious to make themselves efficient pilots. 3. It maintains a body of protected monopolists, whoso interests are not identical with those of the shipowner, who know that they must be employed, and whose services are probably not so earnestly or so effi- ciently rendered, as if their employment depended on their character, experience, and efficiency. 4. It has drawn with it as a con- sequence the absolving of the master and owners from lia- bility, and the depriving of the injured ship of all remedy. 5. It makes masters afraid of in- terfering, even when they should do so, lest thej' should render themselves and their owners liable. 6. It offers, bj' the limitation of liability, a grave temptation to the pilot, to shield the master and crew from blame, eren when the disaster was partly or wholly due to them, and so to save the owners sometimes from enormous pe- cuniary liabilities. 7. The master and crew, from theu' knowledge of the ship, are often much better able to handle her, even in pilotage waters, than a pilot, to whom the ship is strange. 8. The master knows the qualities of his ship and crew, and acts under a stimulus, and respon- sibility, to wliich a pilot is in no way^ subjected. (See the reasons pro and con. fairly stated in the Eeport of the Select Committee on the Pilotage BiU, printed 12th July, 1870.) It seems however that in France, Holland, Belgimn, and the North German Confederation, pilotage is compulsorj'. In the United States, no ship isr bound to take on board a pilot, either going in or coming out of a harbour ; but if a pilot offers and is ready, the ship must pay pilotage fees, whether he is taken on board or not. Par- sons on Shipping, II. 108. 3 D 764 PART X.- PILOTS. Chap. VIII.] Compulsory p-ilotage. [Sect. I qualified pilots, Jei'se}', Sark, Alderney, and Man, and any other place so situate, have** when navigatmg upon an}^ waters situate within the limits of any certificated district for which pilots are licensed by any pilotage authority m.isters or ■■■ ^ v' x o ^ mates. under the provisions of this or of any other Act, or upon any part thereof so situate, shall, unless he or his mate has a pilotage certificate enabling such master or mate to pilot the said ship within such district, granted under the provisions hereinbefore contained, or such certificate as next hereinafter mentioned, being a certificate applicable to such district and to such ship, employ a quahfied pilot to pilot his ship ; and if he fails so to do he shall for every offence incur a penalty not exceeding one hundred pounds (c). Certificates, Any master or mate of a ship which by the last preceding i.i-anted to such section {cV) is made subject to compulsor}^ pilotage may apj^ly to irasters and ^^^ BoQX^ of Trade for a certificate, and the Board of Trade shall thereupon, on satisfactory proof of his having continuously piloted any ship within the limits of any pilotage district or of any part or parts thereof for two years prior to the commence- ment of this Act, or upon satisfactory proof by examination of his competency, or otherwise as it may deem expedient, cause to be granted to him, or to be indorsed on any certificate of com- petency or service obtamed by him under the third part of this Act, a certificate to the effect that he is authorized to pilot any (c) 17 & 18 Vict. c. 104, .s. 3.54. It is not compulsory on an ordinary passenger ship, to take a licensed pilot on board under this section, when not carrying passengers. Where the master of such a ship had on board his wife and her father, and where they were on board by the master's invitation, as visitors, and without the privity of the owners, and paid no fare until after the expulsion, it was held that the ship was not "carrying passengers" w'itliin this section. The. Lion, L. E,. 2 .\dm. 102 ; afTirmed 38 L. J. Adm. 61 ; TIf Ilannu, L. P. 1 Adm. 2t3; The Stettin, Br. & L. 199. This section is not restricted by the provisions of sect. 353, that all existing exemptions should continue in force. Therefore, an Irish trader (as described by 6 Geo. IV. c. 125, s. 59) carrying passengers, is com- pelled to employ a licensed pilot in the Thames. The Temora, Lush. 17. (cZ) Under this section the Board of Trade can issue certificates to masters or mates of ships described in sect. 354, and of such ships only. The Earl of Auckland, Lush. 1G4, 387. PART X.— PILOTS. 7Gi CuAP. VIII.] Compulsory pilutage. [Sect. I. ship or ships belonging to the same owner, and of a draft of water not greater than such draft as may be specified in tlie certificate within the limits aforesaid ; and the said certificate shall remain in force for such time as the Board of Trade diz'ects, and shall enable the master or mate therein named to conduct tlie sliip or sliips therein specified within the limits therein described to the same extent as if the last preceding section had not been passed, but not further or otherwise ; and every such master or mate shall, upon appl}dng for such certificate or for any renewal thereof, pay to the Board of Trade or as it directs such fees not exceeding the fees pa^'able on an examination for a master's certificate of competency under the third part of this Act as the Board of Trade dii'ects ; and such fees shall be applied in the same manner in which the fees payable on such last-mentioned examination are made applicable (c) . The master, when he is bound to take a pilot, is liable to heavy penalties, if after a qualified one has offered to take charge of his ship, he does not employ him (/). Subject to any alteration to be made by the Trinity House, Penalty on and to the exemptions heremafter contained, the pilotage districts ^j^pg^'^ ° of the Trinity House withm which the employment of pilots is employing •^ . . unlicensed compidsory are the London district, and the Trinity House pilots, or outport districts, as hereinbefore defined ; and the master of •- "^o *^ l" "^ every ship navigating within any part of such district or districts, who, after a qualified pilot has offered to take charge of such ship, or has made a signal for that purpose, either himself pilots such ship without possessmg a certificate enabling bun so to do, or employ's or conthuies to employ an unqualified person to jnlot her, shall for every such offence, in addition to the penalty herein- before specified, if the Trinity House certify in writing under their common seal that the prosecutor is to be at liberty to proceed for the recovery of such additional penalty, incur an additional penalty not exceeding five pounds for every fifty tons burden of such ship {g). (f) 17 & 18 Yict. c. lUl. s. 35 J. (/) Ibid., ss. 353, 376, 3S8. ((/) Ibid., s. 376. 3 T) 2 '66 TAET X.— riLOTS. Chap. VIII.] CompuJsory pilotage. [Sect. II. Sect. 2. In irJtdt cases sJiips arc exempted from the regulations respecxing compulsorii pilotage. Where ma.ster It luust be remembered, that the master or mate may have a c'ertificato. pilotage certificate gi'anted under sect. 340 {z) of the Merchant Shipping Act, whicli ma}' enable him to pilot the ship or ships therein specified, within the limits therein described, without incurring any penalties for the non-emplo}Tnent of a qualified pilot ; and that this may enable the master to dispense with employment of a pilot in the shij^i's home port. It has been held, that section 353 (a) of 17 & 18 Vict. c. 104 continues the exemptions of 6 Geo. IV. c. 125 (supplemented by Order in Council of 18th Feb., 1854, infra, p. 769), although that Act was repealed bj^ 17 & 18 Vict. c. 120, and notwithstanding the 37Gth and 379th sections of 17 & 18 Vict. c. 104 (?;). The exemptions of 6 Geo. IV. c. 125, which are so continued in force, are as follows : — Misters of By sect. 59 of 6 Geo. IV. c. 125, it was enacted, *' that for and may^piiot'I-iine notwithstanding anything in this Act contained, the master of ^ "'-tlfu "^* ^^^' collier, or of any ship or vessel trading to Norway, or to the unlicensed Cattegat or Baltic, or round the North Cajje, or into the White I>er8on.s. , . . , Sea, on then* inward or outward voyages, or oi any constant trader inwards, from the jiorts between Boulogne inclusive and the Baltic (all such ships and vessels having British registers and coming up either (c) by the North Channel, but not other- wise), or of any Irish trader using the navigation of the rivers Thames and Medway, or of any shiji or vessel employed in the regular coasting trade of the kingdom, or of any ship or vessel (z) Supra, chap. 4. The British, &c., Tj. E. 3 Ex. 330; (a) Ante, p. "62. L. R. 4 Ex. 238 ; The Killarney, (h) Htanton v. BanJcs, 8 El. & Bl. Lush. 427. And also the exemptions 445 ; The Earl of Auckland, Lush, of the Order in Council of the ISth 164, 387; Malcolmson v. Baldock, Feb. 1854. 2'Ae //a7ma, L. R. 1 Adm. 10 W. R. 124; The Hanna, L. R. 1 283. Adm. 283 ; Th- Htr.Uin, Br. & L. (c) Sic. 199 ; Thf C'lintrdl Uteavn, tfcc, (Jo. v. PART X.— PILOTS. 767 CuAP. VIII.] Compulsori/ pilotage. [Sect. II. wholly laden •with stone from Guernsey, Jersey, Alderney, Sark or Man, and being tlie production thereof, or of any ship or vessel not exceeding the burthen of sixty tons, and having a British register, except as hereinafter provided ; or of any other ship or vessel whatever, whilst the same is within the limits of the port or place to which she belongs (d), the same not being a port or place, in relation to which particular provision hath heretofore been made by any Act or Acts of Parliament, or by any charter or charters for the appointment of i)ilots, shall and may lawfully and without being subject to any of the penalties by this Act imposed, conduct or pilot his own ship or vessel when and so long as he shall conduct or 2>ih't the same without the aid or assistance of any unlicensed j)ilot or other person or persons than the ordinary crew of the said ship or vessel," By sect. 60 of 6 Geo. IV. c. 125 it was enacted, " that from His Majesty in and after the passing of this Act, it shall and may be lawful authorize siiips for His Majesty, by and with the advice of his Privy Council, lttonr\mr-^ or by any order or orders in council, to permit and authorize ^^° ^^ ''® conducted ships and vessels not exceeding the burden of sixty tons, and without pilots, not having a British register, to be j)iloted and conducted with- ships of the out having a duly licensed pilot on board, upon the same terms ^^^^ l^nrden. and conditions as are by this Act imposed on British ships and vessels not exceechng the like burden." B}^ sect. 61 of 6 Geo. IV, c. 125, it was enacted, " that Masters not nothing in this Act contained shall extend or be construed to penaUies for extend to subject the master or owner of smy ship or vessel to emijlojing '^ _ . unlicensed any of the penalties of tliis Act for employing any jierson or persons whilst persons wliomsoever as a pilot or pilots in ami tor the assist- distress. ance of such ship or vessel whilst the same shall be in distress, or in consequence thereof, or under any circumstances which shall have rendered it necessary for such owner or master to avail himself of the best assistance, which at the time could be procured, anything herein contained to the contrary thereof in anywise notwithstanding." (J) The Stdtin, B. & L. 199; The Klllarnuj, Lush. 427. 7G3 PART X.— PILOTS. Chap. VIII.] CompuJsoi'ij 2nlotage. [Sect. II, Master or mate being owner or ^art owner and resitlinji at Dover, &c., may {lilot his own ship in the Thames or Med way. Ships brought into an_v port by pilots may be removed by the master, &c., for certain purposes. When unlicensed persons, &c,, may act as pilots. By sect. 62 of 6 Geo. IV. c. 125, "nothing in this Act contained shall extend or be construed to extend, to subject to any penalty the master or mate of any sliiji or vessel being the owner or part owner of such ship or vessel, and residing at Dover, Deal, or the Isle of Thanet, for conducting or piloting such his owni ship or vessel from any of the places aforesaid {e) up or down the rivers Thames or INIedway, or into or out of any port or place within the jurisdiction of the Cinque Ports. " By sect. 63 of 6 Geo. lY. c. 125, " when any ship or vessel shall have been brought into any port or ports in England hy any pilot duly licensed, nothing in this Act contained shall extend, or be construed to extend to subject to any penalty the master or mate or other person belonging to such ship or vessel, and having the command thereof, or if in ballast, any person or persons appointed by any owner or master or agent of the owner thereof, for afterwards removing such ship or vessel in such port or ports, for the purpose of entering into or going out of any dock, or for changing the moonngs of such ship or vessel," And by sect. 71 of 6 Geo. IV. c. 125, it was enacted, ** that for and notwithstanding anything in this Act contamed, any person whatsoever shall and may lawfully, and without bemg subject to any penalty by this Act imposed, assume or continue in the charge or conduct of any ship or vessel as a pilot, where and so long as a pilot duly licensed and qualified shall not have offered to take the charge of such ship or vessel, or made a signal for that purpose, or w^here or so long as such ship or vessel shall be in distress, or under circumstances which shall have rendered it necessaiy for tlie master of such ship or vessel to avail himseK of the best assistance, w'hich at the time could be procured." By 4 Geo. IV, c. 77, s. 5, it is enacted : " And whereas it might tend to the advantage of British vessels arriving in foreign ports, if j>ower was given to His Majesty to exenq^t foreign vessels of less burden than sixty tons from the obligation of taking on board pilots U) conduct them into or from the ports of the United (e) See I'mke v, Screech, 7 Q. V>. GO-'i ; Williams \, Newton, H M. & W. PART X.— PILOTS. 709 Chap. VIII.] Compulsory pilotage. [Sect. II. Kingdom, in all cases in wliicli Biitisli vessels of less burthen than sixty tons are not required by law to take pilots ; Be it therefore enacted, that from and after the passing of this Act, it shall and may be lawful for His Majesty, by and with the advice of his Privy Council, or by any order or orders in Council, in all such cases as aforesaid, to exempt foreign vessels, being of less burthen than sixty tons, from taking on boai'd a pilot to conduct them into or from • an}' of the ports of the United Kingdom, any law, custom, or usage to the contrary notwithstanding (/), And b}' sect. 6 it is enacted, that a cop3' of every order in Council which may be issued under the authority of this Act shall be laid before Parhament as soon after the issuing thereof as may be practicable, if Parliament shall be sitting, and if it shall not then be sitting, within thirty days after the meeting thereof {g). By an Order in Council of the 18th Feb., 1854 :— *' The masters of the undennentioned ships and vessels shall, subject to the provision contained in the 59th section of the Act of Parhament 6 Geo. IV. c. 125, in respect of the employment of unlicensed persons, be exempted from compulsory pilotage, viz. :— " Of ships and vessels trading to Norway, or to the Cattegat, or Baltic, or round the North Cape, or into the White Sea, when coming up the south channels : " Of ships and vessels trading to ports between Boulogne (inclusive) and the Baltic on their outward passages, and when coming up by the south passages {h) : " Of ships and vessels passing through the hmits of any pilotage district on then* voyages from one port to another port, and not being bound to any port or place witliin such limits, nor anchoring therein." (/) 4 Geo. IV. c. 77, s. 5. bound to employ a licensed pilot in (^) Ibid., s. 6. the Thames. The Earl of Auckland, (/i) A British ship trading between Lush. 164; Rerj. v. Stanton, 8 El. & Boulogne and the Baltic, whether Bl. 445. carrying passengers or not, is not 770 I'AET X.— PILOTS. CUAP. VIII.] Comptihory pilotage. [Sect. II. Kxcmptions fi-oin ooiii- piilsory pilotage. Tlio followmg shiiis, when not carrving passengers (i), shall be exempted from compulsory pilotage in the London district, and in the Trmity House outport districts ; (that is to say,) (1.) Shiiis employed in the coasting trade (A') of the United Kingdom : (2.) Ships of not more than sixtj- tons burden : (3.) Ships trading to Boulogne or to any place in Europe north of Boulogne (1) : (4.) Ships from Guernsey, Jersey, Alderney, Sark or Man, which are wholly laden with stone being the ju'oduce of those islands : (5.) Ships navigating (m) withm the limits of the port to which they belong {n) : (6.) Ships passing througli the limits of any pilotage district on their voyages between two places both situate out of (j) See The Lion, L. E. 2 Adm. 102 ; affirmed 38 L. J. Adm. 51 ; The JIanna, L. E. 1 Adm. 283; supra, sect. 354. {k) A ship ordinarily occupied in the foreign trade going from Liver- pool to London, in order to sail from London under advertisement for foreign parts, not carrying passen- gers, but having on board a cargo shipped at Liverpool and deliverable at London, is not a ship emploj'ed in the " coasting trade," and is com- pellable \>y sect. 376 to take a ])ilot in the London district of the Trinity House. The LI(ii/(Vs or Sea Queen, B. & L. 359 ; 32 L. J. Adm. 197. (/) These words extend to vessels coining from a place north of Bou- logne to the Port of London. The Wesley, Lush. 2G8. So a ship, not c^iTying passengers, on a voyage from Cronstadt to Lon- don is exempted from compulsory jiilotage in the Thames. Ibid. ; 2'he Jjtrl i)f Auiklmid, Lush. 287; 15 Moo. P. C. C. 3U4. (ni) "Navigating" means being within, and therefore a ship belong- ing to the port of London, and coming from a foreign port, is ex- empt from the employment of a licensed pilot on the Thames. The Stettin, B. & L. 199. (n) Sect. 41 of 25 & 26 Vict. c. 63, extends this last exemption to all ships whether carrying passengers or not, as follows : — The masters and owners of ships passing through the limits of any pilotage district in the United King- dom on their voyages between two places both situate out of such dis- tricts shall bo exempted from any obligation to eijiploy a pilot within such district, or to pay pilotage rates when not employing a pilot within such district : j^rovided that the ex- emption contained in this section shall not apply to ships loading or discharging at any place situate within such district, or at any jilace situate above such district on the same river or its tributaries. PART X.— PILOTS. 771 Chap. VIII.] Compnhonj pilotage. [Sect. II. sucli limits, and not being bound to any place witliiu such limits or anchoring therein (o). By an Order in Council of the 2l!3t Nov,, 1855 : — ■' All ships which shall arrive from foreign pails or ports or places in the United Kingdom, withm the pilotage jurisdiction of the Trinity House, shall wlien navigating from thence in ballast to a port or place in the United Kingdom for the puri:)ose of taking on board cargo for delivery at some other port or place in the United Kingdom, be exempt from compulsory pilotage while navigating within the limits of such pilotage jurisdiction, subject, nevertheless, to the terms and conditions following, that is to say :— " First. That the owner or master of the ship claiming exemp- tion from such compulsor}^ pilotage, shall provide himself with a certificate of such exemption for the particular voyage therein specified ; such certificate to be signed by the secretaiy or other proper officer of the Trinity House, and to be delivered to the owner or master of such ship, upon his making a declara- tion, setting forth that the said ship last arrived from foreign parts, and is about to navigate in ballast to some port or place in the United Kingdom, for the purpose of taking on board cargo, for delivery at another port or place also in the United Kingdom, and such port or places being named in such declaration. And further, that the master of such ship shall produce tlie said ceriificate to any duly licensed Trinit}^ House pilot who shall offer his services to pilot such ship on such voyage ; and such master shall, on every sucli occasion, make an entry on the ship's log of the ofler by a Trinity House pilot, of the certificate of exemption having been produced to the said pilot, and of his services having been declined. " Second. That in every case in which a certificate of exemption shall have been obtained by misrepresentation, the person on whose application such certificate shall have been granted shall forfeit double the amount of the pilotage to which the ship so exemiHed would, but for such certificate, have been liable ; to be recovered (o) IT & 18 Vict. c. 10-1, s. 379. PART X.— PILOTS. Chap. Yiii.J Compuhonj pilotage. [Sect. II. in like manner as penalties are recoverable under the said Act ; and, " Tliiid. That in ever}' case in which a ship, for which a certi- ficate of exemption has been granted, shall proceed over sea, either before or after arriving at the port or place specified in such certificate, without navigating Avith cargo to some other port or place in the United Kingdom, the pilotage to which such ship would have been Hable, had a pilot been employed, shall be paid to the pUotage authority or sub-commissioners of the district, and be appKed to the purposes of the pilotage fund." By an Order in Council of the IGtli July, 1857 : — " All ships mentioned in the 379th section of ' The Merchant Sliipping Act, 1854,' shall be exempted fi-om compulsory pilot- age in the London district, and in the Trinity House outport districts, as well when carrying passengers, as when not carrying passengers, provided, as regards any such ship when carrying pas- sengers, the master or his mate have a pilotage certificate in force for the time being, enabling such master or mate to pilot such ship within such district or districts, granted under the provisions either of the 340th or of the 355th section of the said Act." By an Order in Council of the 25th July, 1861 : — " AU ships navigating in ballast from any port or place in the United Kingdom, to any other j^ort or place in the United Kingdom, shall, ichen not carrying passengers, be exempt from compulsory pilotage within the pilotage jurisdiction of the said Trinity House " {p). By an Order in Council dated 21st Dec. 1871 : — " All ships trading fi'om any port or place in Great Britain, witliin the London district, or any of the Trinity House outport districts, to the port of Brest, in France, or any port or place in Europe, north and east of Brest, or to the Islands of Guernsey, Jersey, Alderney, Sark or Man, or from Brest, or any port or place in Europe north and east of Brest, or from the islands of Guernsey, Jersey, Alderney, Sark or Man, to any port or place (/)) Bye-law of the Corporation of Approved bj' Order in Council, 25tli Trinity House, Deptford Strond. July, 18G1. PART X.— PILOTS. 773 Chap. VIII.] Compulsory fUokuji'. [Sect. II. in Great Ihitain within either of the said districts, when not carrijiiig pasHaujcrs, shall be exempted from eompulsory })ilotage within such districts," 'i'he masters and t)wners of ships passing througli tiie limits of Extension of •1 , T i • • 1 TT -i 1 T'- 1 A^ • exemptions any pilotage district in the United Kingdom on their voyages fr^m co^jpui. between two places both situate out of such districts sliall be ^"""^ pilotage, exempted from any obligation to employ a pilot within such district, or to pay pilotage rates when not employing a i)ilot within sucli district : Provided that the exemption contained in this section shall not apply to ships loading or discharging at any place situate within such district, or at any i)lace situate above such district on the same river or its tributaries {q). The master of every ship carrying passengers between any Home-trade place situate in the United Kingdom, or the islands of need not em- Guernsey, Jersey, Sark, Alderney and Man and any other place ^y^ts^"f/\'ij^e'^ so situate, when navigating upon any waters situate within the li^^e certified masters or limits of any district for which pilots are licensed by any pilotage mates, authority under the provisions of this or of any other Act, or upon any part thereof so situate, shall, unless he or his mate has a pilotage certificate, enabling such master or mate to pilot the said ship within such district, granted under the provisions hereinbefore contained (r), or such certificate as next herein- after mentioned (i'), being a certificate applicable to such district and to such ship, employ a qualified pilot to pilot his ship ; and if he fails so to do he shall for every offence incur a penalty not exceeding one hundred pounds (t). An unqualified pilot may, within any pilotage district, without Occasions on which un- subjecting himself or his emiiloyer to any penalty, take charge licensed per- of a ship as pilot under the following circumstances ; that is ^"pii"^^ ^'^ to say, — When no qualified pilot has offered to take charge of such ship, or made a signal for that purpose ; or When a ship is in distress or under circumstances making {q) 25 & 26 Vict. c. (33, s. 41. 355, ante, sect. 1. (r) See chap. 4. (0 17 & 18 Vict. c. 104, s. 354; (.s) See 17 & 18 Vict. c. 104, s. Tlif Lion, L. E. 2 Adm. 102. 774 PAET X.— PILOTS. Chap. VIII.] ConiJJIlhori/ pilolaf/C. [Sect. III. it necessaiy for the master to avail himself of the best assistance which can be found at the time ; or For the purpose of changing the moorings of any ship in port, or of taking her into or out of any dock, in cases ■where such act can be done by an unquahtied pilot without infringing the regulations of the port, or any orders which the harboui-master is legidly empowered to give (?(). Sect. 3. What will excuse a master not employing a pilot. "SVhen the master is in such a situation that he cannot obtain a licensed pilot without a dela}^ which would be attended with great and imminent danger, he must exercise his judgment and do the best he can, either by engaging the best assistance that offers, or by employing the best sldll, which the ship happens to carry, and in such case, the insui'ers are not discharged if the ship is lost {a). Thus, in one case, a ship was insured at and from Liver- pool to the shijj's port or ports of dischai'ge in Sierra Leone. The shiji arrived off the river of Sierra Leone, where there is a regular establishment of pilots, at three o'clock in the afternoon, and the master then hoisted a signal for a pilot ; but at ten o'clock no pilot having come on board, the master attempted to enter the river, and in doing so, the ship struck the ground and was l, 3 W. Rob. 321 ; 7 Moo. P. C. C. 427 ; The Ari/o, Swab. 462 ; The Admiral Bnxrr, Swab. 193. (h) The Lochltbo, 3 W. Eob. 329 ; 7 Moo. P. C. 427. (c) The lema, L. E. 1 P. C 426 ; The Velasquez, L, R. 1 P. C. 494 ; The Minna, L. R. 2 Adm. 100 ; The Lorhlihn, 2 W. Eob. 319; 7 Moo. P. C 430 ; Netherlands Steam Boat Co. V. Styles, 9 Moo. P. C. 286 ; The Batavia, 1 Spinks, E. & A. 378 ; Tht Diana, 1 W. Eob. 131 ; 4 Moo. P. C. 1 1 ; The Massachusetts, 1 W. Rob. 371. (d) The Argn, Swab. 462. f(') The Christiana, 7 Moo. P. C. 171 ; 21ie City of Camhridye, L. R. 5 P. C. 459. (/) The Massachusetts, 1 W. Eob. 371. (f/) The Centurion, Pritch. Adm. Dig. I. 439. PAET X.— PILOTS. Chap. IX.] 21ic maMpfs duties whilf the pitot ift in chnrrje of the ship. is promptly rendered by the master and the crew to the pilot Duties of the 1- • / 7 N X ni'i-'*ter and in all things relating to the navigation ot the ship {li) ; — to the crew. repeat, if necessary, the pilot's orders (i) ; — in cases of colhsion, to give directions for the cutting away of rigging, where such a course may be necessary to prevent further damage {h) ; — to have the top-gallant and main-royal yards sent down when this is necessary (/);— and, as long as the pilot continues to act, not otherwise to interfere with the conduct of the ship, except in cases of extreme necessity {m). In all ordinary cases, where a tug is emj^loyed, although there Where a tug is employed. be a pilot on board the ship, the master is the proper person to determine whether a tug shall be employed or not [n). But, if a ship is in distress and it is a critical question, whether to employ a tug or not, it would seem, that it is the pilot, who ought to determine (»)• Where the master and crew neglect any of these duties and Consequences ,,..'", , of neglect of such neglect conduces to a collision, the owners and master are these duties, liable for the damage, notwithstanding the 388th sect, of 17 d' 18 Vict. c. 104, which exempts them from liability for loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of the ship within any district where the employment of the pilot is compulsory by law (o). But, notwithstanding the presence of the pilot on board, it is When master 1 1 • T ji -i 1 i mav resume the master s duty to resume his own ordinary authority, and to hi^'usual do the best he can under the circumstances, for the interests of -^"thonty. (//) Ttie Diana, 1 W. Eob. 136 ; Camhruhje, L. E. 5 P. C. 459. 4 Moo. P. C. 11 ; TJie rorismoidh, 6 [m] Tlie Marin, 1 W. Rob. 110; C. Rob. 317, n. ; Tlie Massachusetts, Tlie Lochliho, 3 W. Rob. 321 ; 7 Moo. 1 W. Rob. 373 ; Boucher v. Noid- P. C. 427 ; The Admiral Boxtr, Strom, 1 Tauut. 568 ; Tlie Admiral Swab. 19(i. As to what circum- Borer, Swab. 193; Tlie Christiana, 7 stances will justify .such interference, Moo. P. C. 171 ; The City of Cam- see The Duke of Manchester, 10 Jur. hridqe, L. E. 5 P. C. 459. 865 ; Ilammond v. Rogers, 7 Moo. P. ('/) The Admiral Boxer, Sv^ah. 193. C. 171; The Girolamn, 3 Ungg. 176; {k) The 3Iassachusetts, 10 Jur. 373; The Lochliho, 3 W. Eob. 321 ; 7 Moo. 1 W. Eob. 371. P. C. 427. {}) The Christiana, 7 Notes of Cas. (n) The Julia, Lush. 226. 2; 7 Moo. V. C. 160; The Cifi/ of (o) The lona, L. E. 2 P. C. 420. 778 PART X.— PILOTS. Chap. IX.] The master's duties white thepitot is in charge of the ship. his owners and all concerned in the following cases : — viz., in cases of great danger, which the pilot does not foresee ( jj) ; — and in eases of obvious danger, where it is clear, either that the pilot has become incompetent to command, from sudden illness, or fi'om intoxication, or from any other cause (q) ; or that he is acting in such a manner, or steering such a course, as w^ould cause the certain destruction of the ship and endanger the lives and property of others (r). (/)) TJie Argo, Swab. 464 ; The of Cas. 2 ; 7 Moo. P. C. 172 ; TJie Christiana, 7 Moo. P. C. 171. (q) The Joseph Harvey, 1 0. Eob. 311 ; The Girolamo, 3 Hagg. 176 ; The Lochtiho, 3 W. Eob. 321 ; 7 Moo. P. C. 427 ; The DiiJce of Manchester, 2 W. Eob. 480 ; 10 Jur. 863 ; 6 Moo. P. C. 90; The CJiristiaua, 7 Notes Argo, Swab. 4G4. (r) The Christina, 3 W. Eob. 33; 7 Moo. P. 0. 172 ; Fetleij v. Catto, 6 Moo. P. 0. 371; The Girolamo, 3 Hagg. 176; TJie Peerless, Lusb. 30; 13 Moo. P. C. 484. CHAPTER X. TitiE AUTHORITY OF TltE PILOT, WHILE THE SHIP IS UNDER HIS CARE. A snip is under the orders of a pilot for the purposes of navigation only. It is his duty to secure the safe conduct of the ship, by issuing the necessary orders (a). To him belongs the whole conduct of the navigation of the ship, and he is entitled to the obedience of the master and crew to his orders, in everything that concerns his duty {b). As soon as the pilot assumes his proper functions on board, he supersedes the master in his control of the ship, in all matters which relate to her navigation, and in all such matters therefore lie is entitled to the prompt obedience of the crew(c). The pilot is charged with the safety of the ship and of all that she carries, and is bound to use due diligence, care, and reasonable skill. Hfe Is answerable, if it is proved, that the ship either does, or suffers damage, through the default, negligence, or want of skill of himself alone, while the helm is under his control, and that the persons under him have done theif duty {je, L. R. (e) The Peerless,! M^h.m ; l.-JMoo. o P. C. 459. P. C. 488. 3 E 7S0 PART X.— PILOTS. Chap. X.] Authority of the pilot, while the ship is under his care. The duties'and sail to be canied ; — whether and where to bring up (/) ; — the tlie pilot when niode, time and phice, in which to bring the ship to an anchor, employed. ^^^^^ ^j^^ time and manner in wliich the anchor should be dropped {g) ; — the manner of catting the anchor preparatory' to its being dropped (/i) ; — the time and manner in which the ship should be brought into a roadstead (?') ; — when the head gear or other sails of the ship should be set or used {h) ; — and whether, if the anchor drags, another should, or should not be let go (Z). "NVhen there is a local usage as to navigation depending on local circumstances, it is the exclusive province and duty of the pilot to take care that such usage is complied with (?»). So, it is the duty of the pilot of a steamship to determine the rate of speed, at which she should proceed (t^). AVhen a pilot is taken on board a ship, which is being towed hy a steam tug, the pilot's control of the conduct of the ship extends also to that of the tug, which has her in tow, without exempting the master and crew of either vessel from the duty of exercising diligence, care, and skill in the working of their own vessel (o). It is the duty of the persons on board the tug implicitly to^ obey and cany out the pilot's orders (o). In cases of salvage, where the master of the steam tug is called in to remedy the errors or misfortunes of the pilot, and in cases, where the master sees, that the pilot is acting in such a When sliip is towed. In salvage cases. (/) The Lochliho, 3 W. Eob. 310, 321, 331 ; 7 Moo. P. C. 435 ; The Maria, 1 W. Kob. 110; Tlie Chru- iluna, 7 Moo. P. C. 173; Tlie Julia, U Moo. P. C. 233; Tltc City of Carribridf/e, L. E. 5 P. C. 459. (;/) Tlie Ayr I cola, 2 W. Rob. 15 ; Tlie Gecrrge, 3 W. Rob. 388 ; 4 Notes of Cas. 161 ; The Gipsy Kinr/, 2 W. Rob. 547 ; The Ghrintiuna, 7 Moo. P. C. 172 ; The Jlibernia, 4 Jur. N. S. 1244 ; The City of Camhridgc, L. R. 5 P. C. 459. (A) The Gijmf King, 2 W. Rob. 547 ; 5 Notes of Cas. 292. (t) The Gc(/rye, 9 Jur. hlO ; 2 W. Rob. 386 ; 4 Notes of Cas. 161. (^•) The Ocean Wave, L. R. 3 P. C. 210. {I) The Northampton, 1 Spinks, 152. (?/(.) The Christiana, 7 Moo. P. C. 171; 7 Notes of Cas, 6. (n) The Calabar, L. R. 2 P. C. 241 ; The Batavier, 1 Spinks, A. & E. 379, (o) The Duke of Sussex, 1 W. Rob. 272 ; The Christiana, 3 W. Rob. 27 ; 6 Moo. P. C. 371 ; The Minnehaha, Lush. 353 ; 15 Moo. P. C. 162 ; Smith v. St. Laivrence, &c., L. R. 5 P. C. 313; The City of Camhrichji, L. R, 5 P, C. 459. PART X;— PILOTS. ygi Chap. X.] Aidliority of the jnlot while the ship is wider his care. manner as to threaten the certain destruction of his own shij), and to endanger the Hves and ])i-operty of otliers, tlie master of the tug wotikl he un(iuestionahly justified in exercising his own discretion and in acting on liis own knowledge, indei)endently of tlie pilot (j>). The duty of the pilot is at an end, when the ship comes Wlien tht- to anchor and he leaves her; hut if he continues on hoard after ie^^es/"^^ she comes to anchor, she is still under his charge (e, 3 Price, 302 ; Mackintosh v. 77 ; BoiHct V. Moikt, 7 Tauut. 258 ; iSladc, G 13. & C. (557. 784 PART X.— PILOTS. Chap. XL] The limitafion of the liahiUty of owners and [Sect. II. Tlic statutable liiuitAtion. Limitation of liiibility of owner where pilotage is compiilsorj-. " That no owner or master of an}^ ship or vessel sliall be answerable for any loss or damage, which shall happen to any person or persons Avhomsoeyer from or by reason or means qf any nos;lec't, default, ineomj)etency, or incapacity of any licensed pilot acting in the charge of any such ship or vessel, under qr in pursuance of any of the provisions of this Act, where and so long as such pilot shall be duly qujilified to have the charge of such sliip or vessel, or where and so long as no duly qualified pilot shall have offered to take charge thereof." Tliis latter enactment was repealed in 1854 by 17 & 18 Vict. c. 120. And now The Merchant Shipping Act, which was passed ii^ 1854, provides as follows : — No owner or master of any sliip sliall be answerable to any person wliatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship, within any district where the employment of such pilot is com- pulsory by law {(1). {), which provides that : — " In every case of colhsion between two ships it shall be the duty of the person m charge (q) of each ship, if and so far as he (1) The General Steam, &c., Co. v. Adm. 49; Maudo & Pollock, 225; The British, &c., Co., L. R. 4 Ex. The General de Caen, Swab. 9 ; The 2;J8 ; The Annapolis, Lush. 295 ; The Annapolis, Lush. 295. Temora, Lush. 17; The Earl of {n) The Annapolis, Liush. 295. Auckland, Lush. 164 ; The Killarnaj, (o) The Ilallej/, L. R. 2 P. C. 193. Lush. 427 ; The Stettin, Br. & L. (p) The Queen, L. R. 2 Adm. 354. 202. (7) This means tho master. 'The (vi) See I'he Vernon, 1 W. Rob. Queen. 316; I'he Wild Ila/cjcr, 32 ]i. J. 788 TART X.— riLOTS. Chap. XI.] The Imitation of tJie linhilitij of owners and [Skct. III. The statutal.le can do SO without danger to his own ship and crew, to render to the other shij^ lier master, crew and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the colhsion : " In case he fails so to do, and no reasonable excuse for such failure is shown, the collision shall, in the absence of proof to the routrary, be deeiiu'd to have been caused by his wrongful act, neglect, or default." Sect. 3, To entitle incners and master to protection, the default causing the injur If must relate to some duty of tlic pilot. If a pilot is on board a sliip compulsorilv, and there is a neglect in the navigation, Avbicli causes damage, the master and owners of the si li]) are prima facie liable; and in order to clear themselves, they must prove, that the damage was caused by the mglect of the pilot alone (r(). The mere fact of taking a pilot on board, where it is compulsory to do so, does not exonerate the master and crew from the proper observance of their own duty {h). To enalde owners or master to screen themselves from liability on the ground, tliat the loss or damage was occasioned by the fault or incapacity of the pilot, they must show, that the fault fomplained of was one, M'hich related to some of the pilot's duties, and not to some of the duties of the master or crew. Therefore, the owners and mastt^r are not exempted from liability, where the injury is caused by a bad look-out being kei)t by the master and crew (c) ; — or by the master neglecting to send down the ship's top-gallant and main-royal yards and («) The Frotedor, 1 W. Rob. 45 ; (b) The Diana, 1 W. Bob. l.'5o ; 4 Tilt Diana, 1 W. Eob. 181 ; 4 Moo. Moo. P. C. 11 ; Tlie Christiana, 7 T'. <"'. 11 ; The Christiana, 1 Moo. P. Moo. P. C. 171. C. 171 ; Tlie Mobile, 10 Moo. P. C. (c) The lona, L. R. 1 P. C. 42G; 467; The Jona, L. E. 1 P. C. 42(5; The Diana, 1 W. Eob. 131 ; 4 Moo. The Velasquez, L. K. 1 P. C. 498 ; seo P. C. 11. infra, Bcct. 4. PART X.— PILOTS. 780 Chap. XI.] maslors tvhere j^iMage is compuhory. [Sect. IV. her sliort fore and mizen-top-gallant masts, when she was at Default must anchor in the Downs, and the weather was bad, and a large juty of the number of vessels were lying wind-bound in the Downs {d) ; — P''°*' or by an undue interference with the pilot in liis own proper j)rovince (cctive UahUitics of ouitrrs, masters, und pilot in c!rs of .sJn])s i)i t()u\ "When a pilot is taken on board a ship, which is being towed by a steam-tug, the pilot's authority extends to the control of the navigation of the ship and of that of the tug, and the tug is bound to obey the orders of the pilot, without however exempting the master and crew of either vessel from their duty of exercising (»/) Th' Queen, L. E. '1 Mm. li.'.l. 794 PART X.— PILOTS. Chap. XI.] TJie limit ition of f fie Uahility of owners and [Sect. V; Re.opectivo diligence, care ami skill in the "worlcing of their own vessel, and owners, nias- of obeying all the orders of the pilot, which relate to the navi- *T; "^''-o^o £I'^tion of his vessel. pilota in o.'iscs of ships in \ steum-tug in the performance of an ordinary towage service, tow. "" _ slunild be subservient to the pilot on board the ship in tow, and the master and crew on board the tug should implicitly obey and carry out the pilot's directions, which relate to the navigation of the tug {a). So also a steam-tug engaged in performing salvage service is generally bound to obey the dii'ections of the pilot on board the vessel salved (/>). And, if in such cases, the tug disregards the directions of the pilot and a collision takes place, then tlie owners of the ship in tow would be responsible (c). There may indeed be cases, in which this duty ought to be relaxed and where the rule could not possibly be applied, as for example in cases of salvage, where the master of the steam-tug is called in to remedy the errors or misfortunes of the pilot, or where he sees a pilot acting in such a manner as to threaten the certain destruction of his ship and to endanger the lives and property of others. In such cases, the master of the steam-tug would be justified in exercising his own discretion and in acting upon his own knowledge independently of the pilot {d). r>ut it is liardly necessary to observe, that it would requii'e the clearest evidence of necessity to justify such interference by • the master (r/) . If the shi}) is in tow of a steam-tug, and has a compulsory licensed pilot on board, and damage is caused by collision, while she is so in tow, and neither the master and crew of the ship or (o) See per T)r. Lushington, The Moo. P. C. 162. Christiana, 3 "\V. Ptob. 29, lili ; G (c) The Oiimj King, 5 Notes of Moo. P. C. :}71 ; The Duke of Sussex, Cas. 288 ; 2 W. Rob. 547. 1 W. Eob. 272 ; The Ocean Wave, L. {d) Per Dr. Lushington, The E. 3 P. C. 205 ; The Energy, L. R. 3 Christiana, 3 W .Ptob. 2d, 33; Moo. A.lm. 48. P. C. 371. (/,) 77/r'i^;////<'//r//K^ Lush. 353; 15 TART X— PILOTS. 795 Chap. XI.] masters where pilot aije is coinjmtsory. [Sect. V. of the tu<^' Imve been guilty of any default, the master and Respective owners of the ship are exempted from lialnlity hy the statute {/'). owners'^LL- The master and crew of the tui? are the agents of the owners ^S,^> '\"'' " '^ pilots in cases of the ship in tow and are liable over to them for any damage of .ships iu due to the fault of the tug alone. At connuon law, the owners of the ship in tow are primarily liable to third persons suffering daniage by the acts of the pilot, or of the master and crew of the tug. If therefore the damage done by a ship in tow, on which a jiilot is compulsorily eniplo^'ed, is partly due to the fault of those in the tug, the owners of the ship are in the first instance liable, with a right to recover from the owners of the tug, in case the master and crew of the ship are free from blame. Of course, even although the pilot is compulsorily employed, if the injury or collision was not occasioned by his fault alone, but wholly or partly by the orders of the shipowners or their agents, the owners are not erititled to' the protection of the statute. Thus, where a ship W'as being towed from one dock at Hull, in order to be placed in another higher up the river, and the night was dark, and ihe weather thick, and she came into collision with a sliii) lying in the river, the owners of the ship in tow were held liable, although there was a qualified pilot compulsorily employed on board (/). (e) Tlie Ocean Wave, L. K; 3 P. C. (/) TliB Borussiui Swab. 94. 20j. a r CHAPTER XIT. RIGHTS, rniVILF.GKS A\D RKMUNERATION OF TILOTS. Qualifietl pilots Tf any l)oat or ship, liav'mg a qualiCu'd ])il()t on board, leads boarlwi'ien '^^^3 sliip uliicli lias not a qualili(Ml j)il()t on hoard when such last- entitled to mentioned slii]> cannot from particular circumstances be boarded, pilotage. ^ ^ tlie pilot so leading such last-mentioned ship shall be entitled to the full pilotage for the distance run as if he had actually been on board and had charge of such ship (a). Allowance to No pilot, except Under circumstances of unavoidable necessity, qna ihe. pi ot ^.j^^jj without liis couseut be taken to sea or beyond the limits for taken out of •' Lib diatrict. -which lie is Hceuscd in any ship whatever ; and every pilot so taken midcr circumstances of unavoidable necessity' or without liis consent shall be entitled, over and above his pilotage, to the sum of ten shillings and sixpence a day, to be computed from and inclusive of the day on which such ship glasses the limit to which he was engaged to pilot her up to and inclusive of tlic day of his being returned in the said shiji to the place where he was takcii on board, or up to and inchisive of such day as will allow him, if discharged from the ship, sufficient time to return thereto ; and in such last-mentioned case he shall be entitled to his reasonable travelling expenses (/>). reiialty on ji^f^y niialified pilot demanding or receiving, and also any qualified pilot . . . . receiving or master offering or paying to anj'' pilot, any other rate in respect iwj.roper rate.''' *^^ pilotage scrvices, whether greater or less, tlian tlie rate for the time being demandable by law, shall f'oi- each (ilfcnce incur a penalty not exceeding ten pounds (c). (a) 17 & 18 Vift. c. 104, 8. 3r,(J. 9th section of the Merchant Shiiiping lb) Ibid., 8. :iol. Act, 1872, 35 & 3G Vict. c. 73, and (c) Ibid., 8. 358. See 35 ilot ijre. ^ ' . ... for the safety of the ship not within his duties as pilot, may be entitled to additional remuneration in the nature of salvage for those services (?")• But, it is not every slight exertion on the part of pilots, beyond their pilotage sendees, that will entitle them to salvage remunera- tion, and the Court of Admiralt}'^ in general discourages the attempt to convert pilotage into salvage services (k). A piltjt cannot sue in the Admiralty Court for pilotage dues in respect of work done within the body of a county, although he may sue there, if the work was done on the high seas (l). Penalty on If iH'y niaster, on being requested by any qualified pilot having riiaking a false ^^^^ charge of liis ship to declare her draught of water, refuses to (k-cI:iration as "= i r> > to draught of (]o SO, or himself makes or is privy to any other person making a ship or falsify- i -i ' it i i i i« • ing marks. false declaration to such pilot as to such draught, he shall incur a penalty for every such offence not exceeding double the amount of ])il(;tage which would have been payable to the pilot nudging siK'h recjuest ; and if any master or other person interested in a sliij) makes or is privy to any other person making any fraudulent (v) The Frederic, 1 W. Rob. 17 ; The Jlehe, 2 W. Hob. 248. (/,; Thf Frederic, 1 W. Rob. 17; The Jotif/e Andries, Swab. 303 ; The Indiistr;/, 3 Ilagg. 203 ; The Eliza- hflth, H Jnr. :iC,o; The King Oscar VI. ]So. Ca. 284 ; The Hebe, 2 W. Rob. 248. (i") The General Palmer, 2 Hagg. 179; The Jlehe, 2 W. Rob. 217. {li) The Juwje Andries, Swab. 229. (/) Boss v. Walker, 2 Wilson, 264 ; Iloiue V. Nappier, 4 Rurr. 1950 ; Maude & Pollock, 210; Williams & Bruce's Adm. Pract. 164. The Colonial Vice- Admiralty Courts, es- tabli.shod under the " Vice-Admi- ralty Courts Act, 1863 " (26 Vict. c. 24, 8. 10), hnve jurisdiction over claims iu respect of pilotage. PART X.— riLOT^!. 700 Chap. XII.] Eif/hta, privileges and remumralioii of pilots. alteration in the marks on tlie stern or stem post of such sliip denoting her draught of water, the offender shall incur a penalty not exceeding five hundred pounds (//(). A qualified pilot may supersede an unqualified pilot, hut it Power of shall he lawful for the master to pay to sucli unqualified pilot a 'd'^^ j.^, gypgr- proportionate sura for his services, and to deduct the same ***"^';.""; ., ■■^ '■ qualincu pilot. from tlie charge of tlie cpialified pilot; and in case of dispute the pilotage authority h}^ wliom the qualified pilot is licensed shall determine the proportionate sum to which each party is entitled (n). An unqualified pilot assuming or continuing in the charge of rcnuity on any ship after a qualified pilot has ofi"ered to take cliarge of her, person acting or using a licence which he is not entitled to use for the purpose '^^ P'^"*- of making himself appear to be a qualified pilot, shall for each offence incur a penalty not exceeding fifty pounds (o). An unqualified pilot may within any pilotage district, without Occasions on wliich un- subjecting himself or his employer to any penalty, take charge licensed of a ship as pilot under the following circumstances ; that is acr^'p/iot? to say. When no qualified pilot has offered to take charge of such ship, or made a signal for that purpose ; or AVhen a ship is in distress or under circumstances making it necessary for the inaster to avail himself of the best assist- ance which can be found at the time ; or For the purpose of changing the moorings of an}' ship in port, or of taking her into or out of any dock, in cases where such act can be done by an un(pialified pilot without infringing the regulations of the port or any orders which the harbour-master is legally empowered to give (jp). The following persons shall be liable to pay pilotage dues for Liability for any ship for wliich the services of a qualified pilot are obtained ; o" i.ilotayr^ (that is to sa}',) the owner or master, or such consignees or agents ^^"^^• (m) 17 & IS Vict. c. 10-1, s. 359. See li. v. Lambe, 5 T. E. 76 ; li. v. (h) Ibid., s. 300. Neale, 8 T. K. 241 ; Mclntush y. (o) Ibdd., 8. 361. SUule, 6 B. & C. 657. (p) Ibid., s. 362. 800 TAET X.— PILOTS. Chap. XII.] Riff/ifs, privileges and remunerof/vn of pilots. tliereof ns liave paid or made tlieniselves liable to pay any oilier charge on aecount of such ylii]) in the port of her arri\al or disehjQ'ge, as to pilotage inwards, and in the port from which she clears out as to jiilotage outwards ; and in default of payment such pilotage dues may be recovered in the same manner as penalties of tlie like amount may be recovered by virtue of this Act; but such recovery shall not take place until a previous demand thereof has been made in writing, and the dues so demanded liave remained unpaid for seven days after the time of such demand being made {q). Power for Every consignee and agent (not being the owner or master) reuin pilouge hereby made liable for the payment of pilotage dues in respect dues paid by ^£ ^^j^^, g|j-p i^^^j^y^ q^^^ ^f ^^^y nionies in his hands received on account of such ship or belonging to the t)wner thereof, retain the amount of all dues so paid by him, together with any reason- able expenses he may have incurred by reason of such payment or liability (j;). {•l) 17 v5i IS Vict. c. 104, s. 303. (r) Ibid., e. 304. CHAPTER Xlll. OFFENCES OF PILOTS (gEXERAL). If any qualified pilot coinniits any of the following offences, Penalties on . , . , qiialilicd (tluit IS to say,) pilot: (1.) Keeps himself, or is interested in keeping by any agent, exercising , , 1 T 1 1 /• certain trades : servant, or other person, any public-house or place oi public entertainment, or sells or is interested in selling any wine, spirituous liquors, tobacco, or tea ; (2.) Commits any fraud or other offence against the revenues nffemling , , , . , against of customs, or excise or tlie laws relating thereto ; revenue ; (3.) Is in any way directly or indirectly concerned in any guilty of 1 '• 1 • 1 • 1 1 /> • ' corrupt corrupt practices relating to ships, their tackle, lurmtm-e, ^jractices; cargoes, crews, or passengers, or to persons in distress at sea, or by shipwreck, or to their monies, goods, or chattels ; (I,) Lends his licence ; lendinglicence; (5.) Acts as pilot whilst suspended ; '»^t'"« "''^" ^ ' '■ -^ ... suspended ; (6.) Acts as pdot when in a state of intoxication ; actinj,' wiien (7.) Employs or causes to be employed on board any ship^'"""' of which he has the charge any boat, anchor, cable, or """Jj^|;,*' ""^''^ other store, matter, or thing beyond what is necessary ^"M^euse ; for the service of such ship, with the intent to enhance the expenses of pilotage for his own gain or for the gain of any other person ; (8.) Refuses or wilfully delays, when not prevented by illness declining to go or other reasonable cause, to take charge of any ship ° ' within the limits of his licence upon the sigiial for a pilot being made by such ship, or upon being requu'ed to do so by the master, owner, agent, or consignee thereof, or by any ollicer of the iiilotage authority hy 802 PART X.-PILOTS. Chap. XIII.l Offences of pilots. tinnecrssarily cutting or alipping cable ; refusing to comiuot ship into port ; quittbg ship. Penalty on pilot. Penalty on pilot endanger- ing ship, life, or liiiib. whom such pilot is licensed, or by any principal officer of customs ; (9.) Unnecessarily cuts or slips or causes to be cut or slipped any cable belonging to any ship ; (10.) Refuses, on the request of the master, to conduct the ship of Avhicl^ he has the charge into any port or place into which he is qualified to conduct the same, except on reasonable gi'ound of danger to the ship ; (11.) Quits the ship of which he has the charge, without the consent of the master, before the seiTice for which he was hired has been performed ; He shall for each such pft'ence, in addition to any liability for damages, at the suit of the person aggrieved, incur a penalty not exceeding one hundred pounds, and be liable to suspension or dismissal by the pilotage authority by whom he is licensed ; and every person who procures, abets^ or connives at the commission of any such offence shall likewise, in addition to any such liability for damages as aforesaid, incur a penalty not exceeding one hundred pounds, and, if a qualified pilot, shall be liable to suspension or dismissal b}' the jiilotage autliorit}^ by Avhom he is licensed {n). If any pilot, wlicn in chai-ge of any ship, by wilful breach of duty or by neglect of dut}', or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person on board such ship; or if any pilot, by wilful breach of duty or b}^ neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for presemng such ship from loss, destniction, or serious damage, or for preserving any person belonging to or on board of sucli sliip from danger to life or limb ; the pilot so offending shall for each such offence be deemed guilty of a misdemeanor, and, if a qualified pilot, also be liable to suspension and dismissal by tlie authority by which he is licensed {h). in) 17 & 18 Vict. c. 104, s. 3f;.-). {h) Ibid., s. 366. PART X.— riLOTS. 803 Chap. X 1 1 1 . ] Offences of pilots. If any person, by wilful misrepresentation of circumstances Tenaity on . , pilot in chargt upon which the safety of a ship may depend, obtains or endeavours of a .ship doing to obtain the charge of such sliip, such person, and every other I'^^^^Jy'^"^ person i)rocurin<]f, abetting, or conniving at the commission ot such offence, shall, in addition to any liability for damages at the suit of the party aggrieved, incur a penalty not exceeding one hundred pounds, and, if the offender is a (pialilied pilot, he shall also be liable to suspension or dismissal by the pilotage authority b}' which he is licensed (c). ((•) 17 & 18 Vict. c. 10-1, s, 3G7. ClLVrTKii Xl\' THE TKIXITY HOUSE. Sect. 1. — General power of . 8U4 „ 2. — Sub-coiumissiouGrs and pilots . . .806 „ 3. — Compulsory pilotage . 808 „ 4. — Eatc-j oi" pilotage . . 811 Sect. 5.— ril(jt i'uiul . . . 813 „ y. — Appoiiitiiieiit of sub- comniissioiiers Ly Trinity Houses of Hull aud Newcastle . 814 Powers of Trinity House to alter regu- lutiou:>. Tririty House iii:iy iiio'lity rule .OS to I'ilotage rates. Alteration <)i jt^yinentM made to Trinity HoUMC Pilotage FunJ by Cinque PorU pilots. Sect. 1. General i,0icer of Trinity House. The Trinity House may, in exercise of the general poAver hereinbefore given to all pilotage authorities of doing certain things in relation to pilotage matters, alter such of the provisions hereinafter contained as are expressed to he subject to alteration by tliem in the same manner and to the same extent as the}'^ might have altered the same, if sucli i)rovisions had been contained in any previous Act of Parliament instead of in this Act {a). Notwithstanding anything in the three hundred and fifty-eighth section of the Merchant Shi])ping Act, 1854, the Truiity Plouse mav, Ijv byelaw made Avilli the sanction of Her Majest3dn council, repeal or relax the provisions of that section within the whole or anv part of theii' district so far as to allow any pilot or class of pilots under their jurisdiction to demand or receive and any master to offer or pay an}' rate less than the rate for the time being demandable by law {h). A\'hereas in piu'suance of the Pilotage Law Amendment Act, 1853, the several funds then belonging to tlie Cinque Ports pilots were merged into tlie common fund called the Trinity House Pilota^'e Fund, and by tlie same Act power was given to the Trinity House of Deptford Strond, with the approval of the [a) 17 k 18 Vict. c. 104, s. 308. (h) '.'to &. 3fj Vict. c. 73, .'j. 'J. Sue .sujira, cLaji. 12, p. I'JG. PART X.— Pir.OTS. 805 Chap. XIV.] TJid TriniUj tlouse. [Sect. I, 35oard of Trade, from time to time to make regulations for alter- Aitcruiiou of iiig and determining the i)a3'ments and contributions to be made li',a,ieVo Trinity to the said pilotage fund by Cinnue Ports pilots licensed before "'"T^ \^\f^^ the said Act came into operation : And whereas by one of the P^'ts ijilots. regulations made under the authority of the said Act it was jirovided that each of the said Cinque Ports pilots should pay towards the said fund eleven shillings for each turn: And whereas it has proved that the turns have been more numerous than was expected, and that the sums paid to the Trinity House, and carried to the credit of the said fund, in respect of the said turns have been larger than was assumed in making the calculations upon which the said regulation was based : And whereas it is expedient that in lieu of the said sum of eleven shillings per turn the fixed annual sum of thirteen pounds four shillings should for the future be paid by or in respect of each of the said pilots so long as he remains unsuperannuated, and that the excess of the sum heretofore paid in each year by each pilot over the sum of thirteen pounds four shillings should be returned : And whereas doubts have been entertained whether the purposes aforesaid can be effected without the authority of Parliament : Be it enacted, that the Trinity House of Deptford Strond shall, out of the Trinity House Pilotage Fund, repay to each of the Cinque Ports pilots licensed before the Pilotage Law Amendment Act, 1853, came into operation, or if he be deceased, to his executors or administrators, the aggregate sum by which the sum of eleven shillings per turn heretofore paid by him exceeds the sum which he would have paid if he had paid thirteen pounds four shillings per annum ; and that each of the said pilots shall, while he con- tinues to act as a pilot, i)ay to the said Trinity House the sum of eleven shillings per turn as heretofore, from the iirst day of January in each year, until the sums contributed in the same }ear amount to an aggregate sum equal to the product of thirteen pounds four shilluigs multii)lied by the number of pilots licensed as above who are then surviving and unsupcritimuated, and tliat when such aggregate sum is made up no further contributions shall be required Irom the said pilots until after the thirt\--first 806 TAKT X.— riLOTS. Chap. XI V.] The Trinity House. [Sect. II. tlay of Poceiuber in tlie same year ; and if the said contributions during any one yeai' fall short of the said aggregate sum, the said pilots then surviving and unsuperannuated shall, at such time and in such manner as the Trinity House may direct, make good such deficiency by payment of an additional contribution per inan, to be calculated pro rata upon the number of turns which each may have carried during the said year, and any such pilot failing to pa}' such additional contribution shall, in default of sucli payment, become liable to immediate removal from active service and superannuation upon such proportion of the full pension payable to such pilot as the Trinity House may see fit (f). Skct, 2. Snh-awimissioners (utd 2>>lots {Tntiltij House). Powrof The Trinity House shall continue to appoint sub-commis- ■iiiity I ai.j.oir ^r",'.Ii'oinrsub- sioners, not being more than five nor less than three in number, ct.jumissiouers. f^^. ^j^g purpose of examining pilots in all districts in which they have been used to make sucli appointments, and may, with the consent of Her Majesty in council, but not otherwise, appoint like sub-commissioners for any pther district in which no particu- lar provision is made by any Act of I'arliament or charter for the ai)pointment of pilots ; but no pilotage district already under the authority of any sub-commissioners appointed by the Trinity House shall be extended, except with such consent as afore- said, and no sub-commissioners so appointed shall be deemed to be pilotage authorities within the meaning of this Act (d). Trinity House The Trinity House shall continue, after due examination by to licenwj pilot* t}igniselves or their sub-commissioners, to appoint and license to act within cci-tain liiriiui. under their common seal jiilots for the purpose of conducting shii)s within the limits following or any portion of such limits ; (that is to say,) (1.) " The London district," comprising the waters of the Thames and Medway as high as London Bridge and Rochester Bridge respectively, and also the seas and (;) :jo & :ir, Vict. c. i:i, s. 10. ('/) 17 & 18 Vict. c. 104, s. 369. TAUT X.-?ILOTS. 807 Chap. XIV.] The Tniiitij mum. [Sect. II. cliiiniu'ls leading tliereto or tlu'ivfi'oin as far as Ordford- iiess to the iiortli and Dungeness to tlie sotUIi ; so nevertheless, that no pilot shall he hereafter licensed to conduct ships hoth above and below Gravesend : (2.) " I'lie English Channel district," comprising the seas between Dungeness and the Isle of Wight : (3.) " The Trinity House outport distiicts," comprising any pilotage district for the ai^pointnient of pilots within which no particular jiroAdsion is made by any Act of Parliament or charter (f). Subject to any alteration to be made by the Trinity House, the Publication of names of all pilots licensed by the Trinity House shall be pub- licences of lished in manner following ; (that is to say,) i'''.''*^^^-\5*^® »' ^ •' " Trinity House (1.) The Trinity House shall at their house in London fix up of pilots. a notice specifying the name and usual place of abode of every pilot so licensed, and the limits within which he is licensed to act : (2.) The Trinity House shall transmit a copy of such notice to the commissioners of customs in London, and to the principal ofiicers of customs resident at all ports within the limits for which such pilot is licensed ; and such notice shall be posted up by the commissioners at the Custom House in London, and by such officers at the custom houses of the ports at which they are respec- tively resident (/). Subject to any alteration to be made by thfe Trinity House, Bond- to be every Trinity House pilot on his appointment shall execute a bond for one hundred pounds conditioned for the due observance on his part of the regulations and byelaws of the Trinity House, such bond to be free from stamp duty, and from any other charge except the actual expense for preparing the same {(j). No qualified pilot who has executed such bond as is herein- Liability liiiiiteU. (e) 17 & 18 Yict. c. 104, 8. 370. (/) Ibifl., s. 371. See Tht Gentrul Steam, <&c., Co. v. (.'/) Ibul.,s. 372. See form of bond, ThtlJridsh, it-c. Co. ,Jj. l{. 4 Ex. 238, Appendix No. 20. Ex. Cb, 808 PART X.— riLOTS. Chap. XIV.J Tfie Trinitti Homa. [Sect. III. Continuance ami renewal of licences. before luontiitned sli.ill be liable for neglect or want of skill beyond its penalty and tlie anionnt of pilotage payable to liini in respect of the voyage on which he is engaged (//). Snbject to any alteration to be made by the Trinity House, no licence granted by them shall continue in force beyond the thirty- first day of January next ensuing the date of such licence, but the same may, upon the ap[)lication of the pilot holding such licence, be renewed on such thirty-first day of January in every year, or any subsequent daj'', by indorsement under the hand of the secretary of the Trinity House, or such other person as may be appointed by them for that purpose (/'). Powertorevoke The Trinity House shall have power to revoke or suspend the licences! ^ licence of any pilot appointed by them, in such manner and at sirrl) timn as tbev think fit(/,). Skct. 3. Compulsorji j/ilotufif {Triitifi/ Uotti^c). Penfilty on . Subject to any alteration to be made hy the Trinity House, and employing un- to the exemptions hereinafter contained, the pilotage districts of hccnsei pilots, ^j Tiiniiv House within which the employment of pilots is corn- er acting as • ^ ' ^ P''«>t- ])ulsory are the T^ondon district, and the Trinity House outport districts, as hereinbefore defined; and the master of ever}' ship navigating witliin any part of such district or districts, wdio, after ft qualified i)ilot ha« offered to take charge of such ship, or has made a signal for that puri)ose, either himself pilots such ship without i)Ossessing a certificate (;i) enabling him so to do, or employs or continues to emplo}' an unqualified person to pilot lier, sliall for every such offence, in addition to the jienalty hfifiiibefore sjiecified, if the Trinity House certify in writing nndf-r their common seal that the prosecutor is to be at liberty (//) 17 & IS Vict. c. 104, s. 373. vision, so as to be in operation and {/) Ibid., 8. .374. See TIte Bda, 3 effect on thu 0th of May followin ilisphiy hereinbefore required, or to facilitate any such qualified pilot as u$ii:U signal for . . . iii-ic' • -i -i pilot. aloresaiu gettnig on board as herembeiore requn-ed, or to give the charge of piloting his ship to such pilot as hereinbefore men- tioned in that behalf, he shall incur a penalty not exceeding double the sum Avhich might have been demanded for the pilotage of his ship, such penalt}' to be paid to the Trinity House, and to be carried to the accoimt of the Trinity House Pilot Fund {n). The following ships, when not carrying passengers (o), shall be exempted from compulsory i)ilotage in the London district, and in the Trinity House outport districts ; (that is to say,) (1.) Ships employed in the coasting trade of the United Kingdom {p) : (2.) Ships of not more than sixty tons burden : (3.) Ships trading to Boulogne or to any place in Europe north of Boulogne (q) : (4.) Ships from Guernsey, Jersey, Alderney, Sark, or Man, which are wholly laden with stone being the produce of those islands : (5.) Ships navigating within the limits of the port to which they belong : (G.) Ships (r) passing through the limits of any pilotage district on their voyages between two places both situate out of such limits, and not being bound to any place witliin sucli limits nor anchoring therein (s). (r/) 17 & IM Vict. c. 104, s. 378. See 'The General Steam, &c., Co. v. The British, d'c, Co., L. R. 4 Ex. 2.38, Ex. Ch. (o) The Ilannu, L. E. 1 Adm. 287 ; see supra, chap. 8, sect. 2. (;>) A ship ordinarily occupied in foifsign trade; which was employed in taking a cargo from Liverpool to London, with the view of sailing from London on a foreign voyage, is not within this exemption. The Lloyds, 32 L. J. Adm. 197 ; see The Acjricola, 2 W. Eob. 10. (7) The WvsU'ij, Lush. 268. (r) Sect. 41 of 25 & 26 Vict. c. 63, extends this last cxomjition to all ships whether currying passengers or not, chap. 8, sect. 2 ; supra, p. 766. (s) 17 & 18 Vict. c. 104, s. 379 supra, p. 770. PART X.— PILOTS. 811 Chap. XIV.] The Trinifij Iloim. [Sect. IV. Sect. 4. Rates of pilotage {Trinity House). Subject to any alteration to be made by the Trinity House, Rates of there shall continue to be paid to all Trinity House pilots, in i"'"*^®- respect of their pilotage sei'vices, f^uch dues as are immediately before the time when this Act comes into operation payable to them in respect of such services (0- Subject to any alteration to be made by the Trinity House, Payment of and notwithstanding anything hereinbefore contained, there shall F,'im\v?re'i"m be paid in respect of all foreign ships trading to and from the ^^^^^ tnuiin!,' _ " to and from the port of London, and not exempted from pilotage, the following port of London. pilotage dues ; that is to say, as to ships inwards, the full amoimt of dues for the distance piloted, and as to ships outwards, the full amount of dues for the distance required by law ; and pa^inent of such pilotage dues shall be made to the collector of customs in the port of London by some one or more of the following persons, that is to say, the master or (Dtlier person having the charge of such ship, or the consignees or agents thereof who have paid or made themselves liable to pay any other charge for such ship in the said port of London ; and such pilotage may be recovered in the same manner as other pilotage dues are hereinbefore declared to be recoverable (t). Subject to any alteration to be made by the Trinity House, Certificate of the said collector of customs shall, on receiving any pilotage dues pUotege to be in respect of foreign ships, give to the person paying the same a ^'''^^- receipt in writing; and no officer of customs in the port of London shall grant a clearance or transire for any such foreioii ship as aforesaid without the production of such receipt ; and if any such ship attempts to go to sea without such clearance or transire, any such officer may detain her until the said receipt is produced («). Subject to any alteration to be made by the Trinity House, Application of the said collector shall pay over to the Trinity House the })ilotage TrinitvX^^e^ (0 17 & 18 Vict. c. 104, s. 381. («) Ibid., s. 3S2. 3 u 812 PART X.— PILOTS. Chap. XIV.] The Trinih/ House [Sect. IV. dues received by him in respect of aii}' foreign ship ; and the Trinity Honse shall appl}^ the same in manner following : In the first place, in paying to any pilot who may bring snilicient proof of his having had the charge of such ship such dues as would have been paj^able to him for such pilotage ser^^ce if the ship had been a British ship, after deducting therefrom the poundage due to the Trinity House : In the second place, in pajdng to any unlicensed person who may bring sufficient proof of his havmg, in the absence of a licensed pilot, had the charge of such ship, such amount as the Trinity House may think proper, not exceeding the amount which would under similar circumstances have been payable to a licensed pilot, after deducting poundage : And, lastly, shall pay over to the Trinity House Pilot Fund the residue, together with aU poundage deducted as afore- said (x). Settlement of Whenever any difference arises between the master and the draught of ship, qualified pilot of any ship trading to or from the port of London as to her draught of water, the Trinity House shall, upon appli- cation by either party, made, in case of a ship inward-bound, within twelve hours after her arrival or at some time before she begins to discharge her cargo, and in the case of a ship outward- bound before she quits her moorings, appoint some proper officer who shall measure the ship, and settle the difference accordingly : And there shall be paid to the officer measuring such ship, by the party against wliom he decides, the following sums ; (that is to say,) one guinea if the ship be below and half a guinea if the sliip be above the entrance of the London Docks at Wapping (y). (x) 17 & 18 Vict. c. 104, s. 383. (?/) Ibid., s. 384. PART X.— PILOTS. 813 Chap. XIV.] The Triiiify House. [Sect. v. Sect. 5. Pilot Fund {Trinitij Houhc). Subject to any altenition to bo made by the Trinity House, Payments to be I ■ made to the there shall continue to be paid to tliem, and carried over to tlie Pilot Fin.i. Trinity House Pilot Fund, the sums of money following ; (that is to sa}',) (1.) A poundage of sixpence in the pound upon the pilotage earnings of all pilots licensed by the Trinity House : (2.) A sum of three pounds three shillings to be paid on the first day of January in every year by every person licensed by the Trinity House to act as pilot in any district not under the superintendence of sub-commis- ^ sioners, or in any pari of such district : And any qualified pilot giving a false account of his earnings, or making default in payment of any sum due from him under this section, shall forfeit double the amount payable, and shall further be liable, at the discretion of the Trinity House, to suspension or dismissal (a). Subject to any prior charges that may be subsisting thereon by Applicaiion of virtue of any Act or Acts of Parliament or otherwise, the said *"'"'' Trinity House Pilot Fund shall be chargeable in the first instance with such expenses as the Trinity House may duly incur in performance of theii' duties in respect of pilots and pilotage, and after payment thereof shall, subject to an}^ alteration to be made by the Trinity House, be administered by the Trinity House for the benefit of such pilots licensed by them after the first da}' of October one thousand eight hundred and fifty-three as are incapa- citated for the i)erformance of their duty by reason of age, infirmity, or accident, or of the widows and children of pilots so licensed, or of such incapacitated pilots only {h). (o) 17 & IS Vict. c. 104, s. 385. {b) Ibid., s. 386. 8 o 2 814 PART X.— riLOTS. Chap. XIV.] The Trinity House. [Sect. VI. Sect. 6. Appointment of snh-connnissioners by Trinity Houses of Hull and Newcastle. Tower to Tlic two Corporations of the Trinity Houses of the ports of of Hull and Hiill and Newcastle shall continue to appoint sub-commissioners, Newaistle to j^^.,^ being more than seven nor less than three in number, for the ajipoint sub- ° commissioners, purpose of examining pilots in all districts in which they have been used to make such appointments, and may, with the consent of Her Majesty in Council, but not otherwise, appoint like sub- commissioners for any other district situate within their respec- tive juiisdictions ; but no pilotage distiict abeady under the authority of any sub-commissioners appointed by either of the said coi'porations shall be extended, except with such consent as aforesaid ; and no sub-commissioners appointed or to be appointed by the Trinity Houses of Hull and Newcastle shall be deemed to be pilotage authorities within the meaning of this Act, nor shall anything in this Act contained be held to confer upon the com- missioners for regulating the pilotage of the port of Kingston- upon-HuU and of the river Humber any jurisdiction of a different nature or character from that which they have hereto- fore exercised (a). ((() 17 & 18 Vict. c. 104, s. 387. PAET XL PASSENGERS. Chapter I. — The Master's AUTHORITY OVER THE PAS- SENGERS .... 815 Chapter II. — The Master's DUTIES TO THE PASSENGERS IR- RESPECTIVE OP THE Statutes 820 Chapter III, — The Eights and Liabilities op Passengers under their Contract, ir- respective OF the Statutes 824 Chapter IV. — The Statutable Provisions for the protec- tion OF Passengers . . 830 Sect. 1. — Boats for sea- going ships . . 831 ,, 2. — Builji and equipment of steam- sliips . . . 832 „ 3. — Survey of pas- senger steamers . 834 „ 4. — Definition of terms iu, and extent of "The Passengers' Act, 1855," and the machinery for exe- cuting the Act . . 842 Sect. 5. — Matters relating to a passenger ship to be attended to before sailing on voyages from the United Kingdom . . . 848 „ 6. — Passengers' rights before, during, and after such voyages 871 „ 7. — Miscellaneous pro^^sions . . 878 „ 8. — Voyages from the Colonies . . 884 „ 9, — Voyages to the United Kingdom . 887 „ 10. — Schedules to "The Passengers' Act, 1855" . . .889 Chapter V. — Penalties on DRUNKEN OR DISORDERLY PAS- SENGERS ON A Passenger Steamer .... 896 CHAPTER I. THE master's authority OVER THE PASSENGERS. As the safety and conduct of the ship, passengers and cargo are entrusted to and depend upon tlie master, and as mis- conduct on the part of the passengers woukl seriously hmder the master in the peiformance of his duties and woukl, in 81 G TAET XI.— rASSENGEES. Chap. I.] The masfej-'s aufhonfy ov&r the passengers. The extent of manv cases inii-oril or lead to the loss of all, the law mvests the masters ' . autiiority over hiui witli a hu'ge authoi'itv over the passengers, whilst the ship is ♦.he ^'a^scu 'crs. , at sea. Tlie master may lawfully require whatever is necessary for the seciu'ity of the shii?, the proper disciphne of the crew, or the safety of all on board, not only of the ship's company, who have expressly contracted to obey him, but of those also, whom he has engaged to carry to their destination, on the implied coiidition of submission to his nile (a). The exercise of such a wide, almost despotic, and necessarily undefined power as this, is of course limited strictly by the necessity of the case ; but if the master is justified by such necessit}', he ma}' enforce and justify orders, which would other- wise render hun liable to civil or even criminal proceedings. Thus, in the United States, where tlu; law on this subject is similar to om* law, it appears to have been decided, that the master has a right to command and compel the service of a passenger, in case of actual danger from a peril of the sea ; — as for instance, to work at the pumps, if the ship leaks, or to assist in reducing sail, or the like (h) ; but there, as here, the master's autlioritj' over the passenger is limited by the necessit}^ of the case. It has also been decided in the United States, that the master woidd have no right to compel a passenger, in any ordinary cir- cumstances, where such necessity did not exist, to do duty as one of the crew ; and that, even where it did exist, he could not require more exei'ti(Mi (n' exi)Osure than was strictly necessary and reasonable under all the circimistances, and that he certainly could not require the passenger to do what might be safe enough f) Infra, chap. 4. 220 ; Coggs v. Bernard, 1 Smith's L. (a) Benett v. The Peninsular, Slue, Sir T. liuym. Crofts v. Wuttrhouse, 3 Bing. 319. PART XI.- -PASSENGERS. 821 Chap. II.] Mastei-'s cluties to the pasincTnyns irrespective of the. statutes. by liim are, to take due care (including in that term the use of Liai.ility of carriers of passengers. skill and foresight), and to carry a jiassenger safely {d) earners o And " due care " undoubtedly means, having reference to the nature of the contract to carry, a high degi'ee of care, and casts on carriei-s the duty of exercising all vigilance to see that what- ever is requii-ed for the safe conveyance of theii* passengers is in fit and i^roper order () Maude and Pollock's Shipping, 5 C. & P. 370 ; Cranston v. Marshall, bVl ; Mofiis V. JlfijirorVi, 10 M. & o Ex. 395. PART XI.— PASSENGERS. 825 Chap. III.] Righfs and liahilitwH of passengers under their contract. passenger refused to go. It was also proved to be tlie nile of the Passage -money. East India trade, that where a passenger refused to go, in conse- quence of a dehiy in tlie sailing of a ship, he was to forfeit half the amount of the passage-money agreed for. The jury who tiied the case, were dii-ected, that if the day fixed was not understood by the parties to be of the essence of the contract, and the ship sailed within a reasonable time, the ship- owner was entitled to recover, according to the usage of that particular trade, one-half the passage-money {d). But, where emigration agents, who Avere the owners of ships sailing to Australia, sent a circular to the plaintiff, who was about to engage a passage, stating in it, that ships belonging to them would be despatched on certain named days, (wind and weather permitting) for which a written guarantee would be given, and in this list a particular ship was appointed to sail from London on the 15th of August, and from Plymouth on the 25tli and the plaintiff engaged a passage in her and paid a deposit, but no guarantee other than this letter was given ; — it was held, that the statement in the circular was an essential part of the contract, and amounted to a warranty to sail on the day named, and that as the ship did not arrive at Plymouth until the 3rd of September, the plaintiff was justified in taking a passage in another ship, and that he was entitled to recover the deposit and the expenses he had been put to by the delay at Portsmouth (e). Irrespective of 18 li: 19 Vict. c. 119, s. 48, the i^assage-money will become due according to the terms of the passenger's contract. If it is due at the commencement of the voyage, and not conditional on the prosperous termination thereof (/), even although it is made payable in the place of destination, it is due, notwithstanding the loss of the ship and all on board during the passage {(]). {d) Per Tindal, C. J., Yatea v. (/) GiUan v. Simpkin, 4 Camp. Duff, 5 C. & P. 369 ; Cranston v. 241 ; i1/«/% v. Backer, 5 East, 316. MnrshaU, 5 Ex. 395. (g) Moffat v. The East India Co., (e) Crrnisfon v. Mar.ohan, 5 Ex. 10 East, 46«, 401. 826 PAET Xl. -PASSENGERS. Chap. III.] EigJifs and liabilities of passengers under their contract. When pas- If a passage bj' the particular ship is not provided according to to a ivhu-u oi ^^ contract, the passenger has, at common law, a right to a the jiasi^ige- i-etimi of the passage-money and to damages (Ji). If tlie ship is lost he/ore the commencement of the voyage Conti'acted for, there is a total failure of consideration and the passage-money, which has been paid in anticipation, may be recovered {}). If however the ship is not lost imtil after the voyage contracted for has been commenced, then, as the failure of consideration is only partial, the passage-money cannot be recovered (k). If there is an express contract between a passenger and the master, the rights of the parties will of course be governed by its teims (1). Thus, in an action against the defendant, who was master of an East Indiaman, about to sail from Calcutta; on a voyage to London, the defendant, by an agreement under seal, granted and let to the plaintifi' the whole of the cabins and accommodation fitted up for the reception, convenience and conveyance of the plaintiff and such persons as he should engage and contract with, and who should be received as j)assengers in and on board the said sliip ; in consideration whereof, the plaintiff covenanted with the defendant, among other things, to pay the defendant the sum therein agreed on, and that he would in every respect supj^ort and uphold the authority and command of the defendant, and in no way interfere with the management or navigation of the ship or witli tlie affairs thereof, and that if in the progress of the voyage, it should be necessary, for the convenience and at the request of the plaintiff, to touch or put into any inter- mediate port or ports, save and except St; Helena, he would (/*) Yatfs V. Thiff, 5 C. & P. 369 ; 48; infra, chap. 4. Ellis V. Thompsm, 3 M. & W. 456 ; {k) Lilian v. Simpkin, 4 Camp. Sunsom v. Rhodes, 8 Scott, 544. 241 ; Maclachlan on Shipping, 293. (t) Oilldn V. Simpkin, 4 Camp. [1] See Corbin v. Leader, 10 Bing. 241. As to the rights of passengers 275 ; Adderley v. Cookson, 2 Camp, of emigrant ships to recover back 15; Gillany. Simpkin, 4 CavaTp. 241; their pa-ssage-money, •rt'hen loft be- Yatca v. I^ajf, 5 Car. & P. 369. hind, see 18 & 19 Yict. c. 119, s. PART XI.— PASSENGERS. 827 CifAP. III.] RirjJds and UaUUtms of iMsscngers under their C07ilract. bear and pay all port and other necessary charges, which might be incurred thereby. The Court lield, that this stipulation as to pa^Tnent of the In cases of charges of touching at an intermediate port, thus interwoven Srrights with the contract of the defendant, clearly showed, that stoppin'^ °^ v^rtK% go- ' -^ II o verned by in the course of the voyage was a thing contemplated by the contract.' parties, as conducive to the convenience of the passengers, and that the defendant was bound so to stop at the request of the plaintiff, unless it would have interfered with the safety of the ship {m). In an action of assumpsit brought by the master of an East Indiaman against a lieutenant in the Company's service, who had been his passenger from Madras to London, it appeared, that by an order of the Court of Directors, officers of that rank were to pay 1000 rupees and no more, " for their passage and accommo- dation at the captain's table " and this sum was paid into Court. The master contended, that the defendant, for the regulation price, was only entitled to swing his cot in the steerage, and that he had been allowed a cabin to himself, for which the additional payment was requii-ed ; but, it appearing in evidence, that during this voyage, no ofiicer tlid sleep in the steerage, that the cabin occupied by the defendant would have remained empty or been filled with stores, if defendant had not occupied it, and that defendant had not made any promise to pay more than 1000 rupees, it was held, that there was nothing to raise an implied promise by defendant to pay more than that sum {n). The plaintiff took a passage by a ship belonging to the defen- dants from New York to Galway, on the terms contained in his passage ticket, on which was the following condition : — " The ship will not be accountable for luggage, goods, or other descriptions of property, unless bills of lading have been si^med therefor." In the course of the voyage, the ship with the plaintiff's luggage on board was lost through the negligence of the master. (m) Corlin v. Leader, 10 Bing. (n) Adderlnj v. Coohson, 2 Camp. 275. 15. 828 i'-^ET XI.-rASSENGEES. Chap. III.] ]^i(/Jiff; and liabiUfies of passengers under their contract. It was held, tliat no bill of lading having been signed for the plaintiff 's luggage, the defendants were absolved from liability for such loss (o). Rii;ht8 and The cxecutoi'S of an East India captain, -who had dicul in the representotives East Indies, before the commencement of the homeward voyage, of master. brought an action against the chief mate of his ship, on whom the connnand had devolved, to recover the amount of the sums he had received from the passengers brought home in the ship, for their passage and entertainment during the voyage. And it was held, by Mr. Justice Bajdey, that if there be no usage to the contrarv, where the master has contracted to carry l)assengers and dies, his representatives are entitled to the benefit of the contract, and may maintain an action for the passage mone}' ; — that if the mate lays out money in purchasing stores for such passengers, he is the agent of the representatives for that pui^pose, and may oblige them to repay him ; — that wdiere, after the death of the master, the mate contracts to carry passengers on the homeward voyage, ho is himself entitled to the benefit of the contract, and may retain the whole of the passage money ; — and that if, for the entertamment of such passengers, he uses any part of the stores laid in b}-^ the master, for so much he must account to the master's representatives (j)). Unreasonable For unreasonable delay, even in the absence of any fixed time for sailing, the passenger has a right of action at common law (g), which is expressly saved by the statute (r). Salvage, Passengers on board a ship in distress are not entitled to claim salvage for any assistance they render towards preserving the ship and cargo, it being incumbent upon all on board (s) to assist where there is a common danger (t). Thus, if the passengers of a ship, which has received injmy, but is in no immediate danger, remain on board and assist at (o) Wilton v. The Ailantk, &c., Yates v. Duff, oQ. &V. 369. Co., 10 C. B. N. S. 453. (r) Infra," chap. 4. (p) SioT'fH V. Brodif, 3 Camp. (s) Seu chap. 1. Ii53. [t) The, Jiransfon, 2 Hagg. 3, n. ; (q) Ellis V. Thompson, 3 M, & W. The Vrede, Lush. 322. See infra, 456 ; Samomy. Rhodes, 8 Scott, 544 ; Part XIII., chap. 3, sect. 0. PART XL— PASSENGERS. f^^O Chap. III.] liiffhts and liahiUtics ofjMssmg&rs und&r their contract the pumps until the arrival of the ship in port, they will not be entitled to salvage {t). But, if they do more than they are bound to do, and make When pas- extraordinary exertions on behalf of the ship ; as for instance, by S'Lkage taking the command and bringing her safely into port, after she has been abandoned by the master and some of the crew («), or by rescuing the ship after capture by an enemy {x), they will become entitled to be remunerated as salvors. The Habihty of owners of ships for loss or damage haj)penina' without their actual fault or privity is taken away in certain cases, by 17 & 18 Vict. c. 104, s. 503, and by 25 k 26 Vict. c. 63, s. U, but these sections do not extend to masters. {t) The Vrede, Lush. 322. The Merimac, 18 L. T. N. S. 92 ; (u) Newman v. Walters, 3 B. & P. infra, Part XIII. 605 ; The Salacia, 2 Hagg. 262 ; The (x) The Two Friends, 1 C. Rob. Great Eastern, 11 L. T. N. S. 516; 274. 3 H 2 CHAPTER IV. THE STATUTABLE TKOVISIONS FOR TUE niOTECTION OF PASSENGERS. Sect. 1.— Boats for sea-going sliips . .^ . 831 „ 2. — Build and equipment of steam ships . . 832 „ 3. — Survey of passenger steamers . . . 834 „ 4. — Definition of terms in and extent of "The Passenger Act, 1855," and the machinery for executing the Act . 842 „ 5. — Matters relating to a passenger ship to be attended to before sailing on voyages from the United Kingdom . . . 848 Sect. 6. — Passengers' rights be- fore, during, and after such voyages . .871 „ 7. — Miscellaneous provi- sions . . . 878 „ 8. — Voyages from the Colonies . . .884 „ 9. — Voyages to the United Kingdom . . .887 ,, 10. — Schedules to the Pas- senger Act, 1855 . 880 Careful provisions have been made by Act of Parliament for tlie protection of passengers. These provisions require many precautions to be taken and many things to be done, for the prevention of accidents and for the general safety of the passengers. If they are neglected, the master is rendered liable to serious penalties. We propose to state the various enactments, Avhich are now in force. Sect. 1. Boats for sea-goinr/ shij^s. The Fourth Part of this Act (a) shall apply to all British ships ; and all foreign steam ships cairying passengers between places in {n) 17 & IS Vict. C. 101. PART XI.— PASSENGEES. 831 Chap. IV.] Stat utahle jyroviaions for iliG protection of passengers. [Sect. I. tlie United Kingdom shall be subject to all the provisions con- tained in the fourth part of this Act, and likewise to the same provisions with respect to the certificates of the masters and mates thereof to which British steam ships are subject (6). The following rules shall be observed with respect to boats and life buoys ; (that is to saj'), (1.) No decked ship (except shi])s used solely as steam tugs and ^^"les as to ^ ' , . ^ ^ Loats and life ships engaged in the whale fishery) shall proceed to sea buoys. from any place in the United Kingdom, unless she is provided, according to her tonnage, with boats duly supplied with all requisites for use, and not being fewer in number nor less in their cubic contents than the boats the number and cubic contents of which are specified in the table marked S. (c) in the schedule hereto for the class to which such ship belongs : (2.) No ship carrying more than ten passengers shall proceed to sea from any place in the United Kingdom, unless in addition to the boats hereinbefore requu'ed, she is also provided with a life boat furnished with all requi- sites for use, or unless one of her boats hereinbefore requii'ed is rendered buoyant after the manner of a life boat : (3.) No such ship as last aforesaid shall proceed to sea unless she is also provided with two life buoys : And such boats and life buoys shall be kept so as to be at all times fit and ready for use : Provided, that the enactments with respect to boats and life buoys herein contained shall not apply in any case in which a certificate has been duly obtained under the tenth section of the " Passengers Act, 1852 " {d). 15 & 16 Vict. In any of the following cases, (that is to say), • . • • (1.) If any ship hereinbefore requh-ed to be provided with boats Penalties on or life buoys proceeds to sea without being so provided owners, &c., therewith, or if any of such boats or life buovs are lost neglecting to ' '' - provide boats and life buoys. {I) IT & 18 Vict. c. 104, s. 291. (c) See Table S, Appendix Xo. 7. (<7) 17 & 18 Vict. c. 101, s. 292. 832 PAET XI.— PASSENGEES. Chap. IV.] Sfaiutahle jyi'ovisiojis for the protection of passengers. [J^ect. I. or rendered unfit for service in the course of the voyage through the wilful fault or negligence of the owner or master ; or, (2.) If, in case of any of such boats or life buoys bemg acci- dentally lost or injured in the course of the voyage, the master wilfully neglects to replace or repau* the same on the first opportunity ; or, (3.) If such boats and life buoys are not kept so as to be at all times fit and ready for use ; Then if the owner appears to be in fault he shall incur a penalty not exceeding one hundred pounds, and if the master appears to be in fault he shall incur a penalty not exceeding fifty pounds {c). OflScers of No officer of customs shall grant a clearance or transire for any clear ships not ^^"P hereinbefore required to be provided with boats or with life complying with ij^^oys unless the same is duly so provided; and if any such ship pro^-isions. attempts to go to sea witliout such clearance or transire any such officer may detain her until she is so provided (/). Sect. 2. Equipment of Rtcam shijis. Safety valve. Compasses to be adjusted. Build and equipment of steam ships. Steam ships shaU be provided as follows; (that is to say), (1.) Eveiy steam ship of which a survey is hereby required shall be provided with a safety valve upon each boiler, so constructed as to be out of the control of the engineer when the steam is up, and, if such valve is in addition to the ordinary valve, it shall be so constructed as to have an area not less and a pressure not greater than the area of and j)ressure on that valve : (2.) Eveiy sea-going steam ship employed to carry passengers shall have her compasses properly adjusted from time to U) 17 Sc 18 Yict. c. 1 04, s. 29.1 (/) Ibid., 6. 294. PART XI.-PASSENGEES. 883 Chap. IV.] SUitutnhk -jyrnvisions for the protection of passengers. [Sect. II. time; such adjustment, in the case of ships surveyed as hereinafter mentioned, to be made to the satisfaction of the shipwright surveyor, and according to such regula- tions as ma}' be issued by the Board of Trade : (3.) Ever}' sea-going steam sliip (unless used solel}- as a steam pireliose. tug) sliall be provided Avitli a lioso adapted for tlic purpose of extinguishing fire in any part of the ship and capable of being connected Avith the engines of the ship : (4.) Every sea-going steam shii) employed to carr}- passengers signals. shall be provided with the following means of making signals of distress ; (that is to sa}',) twelve blue lights or twelve port fires, and one cannon with ammunition for at least twelve charges, or, in the discretion of the master or owner of such ship, with such other means of making signals (if any) as may have previously been approved by the Board of Trade : (5.) Every home trade steam ship employed to carry passengers shelter for by sea shall be provided with such shelter for the protec- passengers, tion of deck passengers (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 3'ear, 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 herein- before required, then for each default in any of the above re- quisites 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 pounds (a). If any person places an undue weight on the safety valve of any penalty for steam ship, or, in the case of steam ships surveyed as hereinafter ^fJ^J' o^ mentioned, increases such weight beyond the limits fixed by such ^^^^^ty valve. (n.) 17 & 18 Vict, c. 104, s. 301. S34 TART XI.— PASSENGERS. Chap. IV.] Statufabh p)vvi»iofis for tJie p-otectmi of passengers. [Sect. III. engineer sun-eyor 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 (h). Pefiuition of "Passengei-s" and ' ' P.assenger Steamer." Passenger steamers to be sun- eyed. Sect. 3. Survcij of passenger steamers. For the purpose of the enactments herein contained with respect to surve3's and certificates of passenger steam ships, the word " Passengers " shall be held to include an}^ 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 carr3dng passen- gers to, from, or between any place or places in the United King- dom, excepting steam ferry boats working in chains, commonly called steam bridges {a). Every passenger steamer shall be surveyed twice at the least in each vear in manner hereinafter mentioned {h). {h) 17 & 18 Vict. c. 104, s. 302. (a) Ibid., s. 303. \h) Ibid., s. 304. By 35 & 36 Vict. c. 73, it is enacted, that the tlireo hundred and fourth section of the Merchant Shipping Act, 1854, f:hall be repealed, and every pas- senger steamer shall be sui-veyed once at the least in every year in the manner mentioned in the fourth part of that Act. The fees to bo charged for certificates issued in respect of such survey shall not exceed for a yearly certificate twice the sum named in the Table marked T. (Appendix No. 21) in the schedule to the said Act as chargeable for a six months' certificate. Sect. 8. All duties in relation to the sur- vey and measurement of .ships under this Act or the Acts amended hereby shall bo performed by the surveyors appointed under the fourth part of the Merchant Shipping Act, 1854, in accordance with such regulations as maj'^ be from time to time made by the Board of Trade. Sect. 13. All fees payable in respect of the survey or measurement of ships under this Act or the Acts amended hereby, or in respect of any services performed by any i:)erson employed under the authority of the Passen- gers Act, 1855, shall be paid to the superintendent of a mercantile ma- rine office at such times and in such manner as the Board of Trade may from time to time direct, and shall be carried to the mercantile marine fund ; and the salaries of surveyors, and other expenses connected with the survey and measurement of shij^s PART XI.-PASSENGEES. 83i Chap. IV.] Slatutahle lyrovisions for the protedion of passengers. [Sect. III. The Board of Trade may from time to time appoint such Board of Trade number of fit and proper persons to be shipwright surveyors and yur'leyon!, and engineer surveyors for the purposes of this Act at such ports or ^^ ^^^'"^ . ■^ _ ^ remuneration. places as it thinks proper, and may also appoint a Surveyor General for the United Kingdom, and may from time to time remove such surveyors or any of them, and may from time to time hx and alter the rates of remuneration to be received by such surve3'ors (c). It shall be lawful for the said surveyors in the execution of Surveyors to their duties to go on board any steam ship at all reasonable inspect, times, and to inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof, or any certificates of the master 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 delayuig the ship from proceeding 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 sur- veying the hull thereof; and any person who hinders any such surveyor from going on board any such steam sliip, or otherwise impedes him in the execution of his duty under this Act, shall incur a penalty not exceeding five pounds {d). The said suiTeyors shall execute their duties under the direc- Board of Trade tion of the Board of Trade, and such Board shall make regulations mode'of as to the manner in which the surveys hereinafter mentioned shall ^''^'^'"s '' surveys. be made, and as to the notice to be given to the surveyors when sur\'eys are required, and as to the amount and payment of any under tliis Act or the Acts amended receives directly or indirectly, otlier- hereby, and also so mucli of the wise than by the direction of the salaries and expenses of persons Board of Trade, any fee, remuuera- employed under the authority of the tion, or gratuity whatever in respect Passengers Act, ISjj, as has hereto- of any of the duties performed by foro been paid by fees, shall be paid him under this Act or the Acts out of the mercantile marine fund. amended hereby, he shall for every 35 & 36 Yict. c. 73, s. 14. such olfonco incur- a j^enalt)' not ex- If any surveyor, or any person ceeding fifty pounds. Sect. 15. employed under the authority of the (c) 17 & 18 Vict. c. 104, s. 305. Passengers Act, 1855, demands or (■) 17 k IS Vict. 0. 104, s. 307. (/) Tbifl, P. 308. PART XI.— .PASSENGERS. 837 Chap. IV.] SIcdufahU provisions for the jyroieclion of passeniitrs. [Sect. III. on the clock and in the cabins, and in different parts of the deck and cabins ; such numbers to be subject to such conditions and variations, according to the time of year, tlie nature of the voyage, the cargo canied, or other cii'cumstanccs, as the case requu-es : And the declaration of the engineer surveyor shall contain state- ments of the following particulai's ; (that is to say,) (1.) That the machinery of the ship is sufficient for the service intended, and in good condition : (2.) The time (if less than six months) for which such machinery will be sufficient : (3.) That the safety valves and fii'e hose are such and in such condition as are required by this Act : (4.) The limits of the weight to be placed on the safety valves: (5.) The hmits (if any) beyond which, as regards the machinery, the ship is in the surveyor's judgment not fit to ply : And such declarations shall be in such form as the Board of Trade directs {(j). The said owner shall transmit such declarations to the Board Transmission of declarations of Trade within foui-teen days after the dates of the receipt to Board of thereof respectively, and in default shall forfeit a sum not exceed- ing ten shillings for every day that the sending of such declara- tions is delaj'ed ; and such sum shall be paid upon the delivery Penalty for 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 (/O- In all cases where it is possible the said half-yeai-ly surveys Times shall be made in the months of Apiil and of October, and the suneys and declarations shall be transmitted on or before the thiiiieth dav of *'^^"^™'^J?'^ of declarations. April and the thirty-first day of October respectively ; but if the owner of any passenger steamer is unable to have the same sm-- veyed in the month of April or October, (as the case may be,) either by reason of such ship being absent from the United Ivhigdom during the whole of those periods respectively, or by [(j) IT & 18 Yict. c. 104, s. 309, {h) Ibid., s. 310. S3S TART XI.— PASSENGERS. CuAP. IV.] Staiidal)lepi'ovisions for the proicction of passengers. [Sect. III. reason of such ship or the machineiy thereof bemg under con- struction or repair, or of such ship being laid up in dock, or for any other reason satisfactory to the Boai'd of Trade, then he shall have the same surveyed as aforesaid as soon thereafter as possible, and shall transmit such declarations to the Board of Trade withm foui'teen days after the receipt thereof, together with a statement of the reasons which have prevented the survey of such ship at the time hereinbefore prescribed, and shall, in case of dehi}' in transmitting the declarations, be liable to a forfeiture similar to that mentioned in the last preceding section (i). Board of Trade Upon the receipt of such declarations the Board of Trade shall, to issue ^ ^ certificates. if satisfied that the provisions of the fourth part of this Act have been comphed with, cause a certificate in duphcate 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 comphed with ; and such certificate shall state the Hmits (if any) beyond which, according to the declaration of the survej'ors, 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, distmguishmg (if necessary) betv/een the respective numbers to be earned on the deck and in the cabins and in different parts of the deck and cabins, such number to be subject to such conditions and variations according to the tune of year, the nature of the voyage, the cargo carried, and other circum- stances, as the case requires (j). Issue and 'YhQ Board of Trade shall transmit such duplicate certificate to transniission of certificates, the shipping master {h) or to some other public officer at such port (i) 17 & 18 Vict. 0. 104, s. 311. period exceeding six montlis, and By 8. .34 of 2.0 & 2G Vict. c. G3, not- no certifica-to issued by the Eoard of •withstanding anything in the 311th Tnido shall remain in force more section of the principal Act con- than six months from the date taincd, it shall not be necessary for thereof. the .surveys of passenger steamers to (./) 17 & 18 Vict. c. 104, s. 312. be maflo in the months of April and {k) Now termed " superintendent October ; but no declaration shall be of mercantile marine offices." 25 & 2G given by any surveyor under the Vict. c. G3, s. 15. fourth part of tho said Act for a PART XI.— PASSENGERS. 839 Chap. IV.] Stalutab/e proiu\sions for the protection of passenf/ers. [Sect. III. as the owner may mention for the purpose or at the port where the owner or liis agent resides or where the ship was suiTeyed and is for the time heing lying, and shall cause notice of such transmission to be given b}'' post or othenvise to the master or owner or his agent; and the said shipping master (/c) or officer shall deliver such duphcate 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 owner, agent, or master of such certificate it shall be sufficient to show that the same has been duly received by such shipping master (k) or pubUc officer as aforesaid, and that due notice of the transmission thereof to such shipping master (A-) or officer has been given to such owner, master, or agent {m). The owner of every passenger steamer requiring a certificate Fees to be paid 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 mentioned in the table marked T. [1) in the schedule hereto {n). No certificate shall be held to be in force for the purposes of How long the fourth part of this Act beyond the date fixed by the Board of continue ia Trade for the expiration thereof; and no certificate shall be in °'^'^'^' force after notice is given by the Board of Trade to the o'uaier, agent, or master of the ship to which the same relates, that such Board has cancelled or revoked the same : Provided, that if any passenger steamer is absent from the United Kingdom at the tune 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 expii'ed, or has been revoked or cancelled, to be delivered up as it directs ; and anv owner or master who, without reasonable cause, neglects (/c) Now termed "superintendent (1) See Appendix, No. 21. of mercantile marine offices." 25 & 26 (m) 17 & 18 Vict. c. 104, s. 313. Vict. c. 63, s. Id. («) Ibid., s. 314. 840 TAET XI.— PASSENGERS. Chap. IV.] Stafutnhle provisions far the protecfion of passengers. [Sect. III. or refuses to comply Avitli such requirement, shall incur a i)enalty not exceetlmg ten pounds (o). Boani of Trade The Board of Trade may revoke and cancel such certificates certificates and in any case in which it has reason to believe, — !kilaratious' (J.) That the declarations of the sufficiency and good condition of the hull, equipments, and machinery of an}^ passenger steamer, or either of them, have been fraudulently or erroneousl}'' made ; or, (2.) That such certificate has otherwise been issued upon false or erroneous information ; or, (3.) That since the making of such declarations the hull, equip- ments, 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, requii'e 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, be- fore re-issuing any certificate or grantmg a fresh one in lieu thereof (;)). Copy o£ The o^Mier or master of every passenger steamer shall forthwith pl-iccd*^ ^ o^'i t^i6 transmission of any such certificate as aforesaid to him or conspicuous i^-j. agent cause one of the duplicates thereof so transmitted to be part of .^hip. ° 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 contmued so put up so long as such certificate remains in force and such ship is ii^ use ; and in default such owner or master shall for every ofience incur a penalty not exceeding ten pounds {q). Ship not to It shall not be lawful for any passenger steamer to proceed to jirocc-cd on licr . . , , , voyage without sca or upou any voyage or excursion with any passengers on board, ccrti catc. ixnless 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 frovisions for the ]}ro lee lion of passenf/ers. [Sect, III. proceed ; and no officer of customs shall grant any clearance or transire for any passenger steamer unless upon the production of such certificate as aforesaid (being a certificate then in force, and applicable as aforesaid) ; 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 board, Avith- out having one of the duplicates of such certificate as aforesaid (being a certificate then in force, and applicable as aforesaid,) so put up as aforesaid in some conspicuous part of the ship, the owner thereof shall for such offence incur a penalty not exceeding one hundred pounds, and the master of such ship shaU also incur a further penalty not exceeding twenty pounds (?•). If the owner or master or other person in charge of any pas- Penalty for senger steamer receives on board thereof or on or in any part p^slwere thereof, or if such ship has on board thereof or on or in any part ^" ^^'^^^ °^ ■^ ■'• numbers thereof, any number of passengers which, having regard to the specified in time, occasion, and circumstances of 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 five shillmgs 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 shiUings, 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 (s). Every person who knowingly and wilfully makes or assists in Forgery of making or procui'es to be made a false or fraudulent declai-ation ccrtSra°'^ or certificate with respect to any passenger steamer requiiin^ a J"i*^^'emcanor. certificate under the fourth 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 fraudulently altered, any declaration or certificate requii-ed by the fourth part of this Act (?•) IT & 18 Vict. c. 101, s. 318. (s) Ibid., s. 319. 842 PART XI.— rASSENGEES. Chap. IV.] S/afiitahle provisions for the protection of passengers. [Sect. IV. Surveyors to make returns of the build and other jtartiouKors of steam ships, and owners and masters give informa- tion for that purpose. or nny Avords or figures in any such declaration or certificate, or any signature thereto, shall be deemed guilty of a misde- meanor (t). The said surveyors shall from time to time make such returns to the Board of Trade as it requires with respect to the build, dimensions, draught, burden, rate of sailing, room for fuel, and the nature and particulars of machinery and equipments of the ships sun-eyed by them ; and every owner, master, and engineer of any such ship shall, on demand, give to such surveyors all such information and assistance within his power as they requu'e for the purpose of such returns ; and every such owner, master, or engineer who, on being appHedto for that purpose, wilfully refuses or neglects to give such information or assistance, shall be liable to a penalty not exceedmg five pounds (u). Sect. 4. Definition of terma and extent of The Passenger Act, 1855, and the machinery for executing the Act. By The Passengers' Act, 1855 {a), The Passengers' Act Amend- ment Act, 18G3 {h), The Passengers' Act Amendment Act, 1870 (c), and The Merchant Shipping Act, 1872 {d), provisions have been enacted and are now in force for the protection of passengers on board certam descriptions of ships and render the masters liable to heavy penalties if they are not carefully observed. In citing this Act in other Acts of Parliament, or in any instru- ment, document, or proceeding, it shall be sufficient to use the expression " The Passengers Act, 1855 ; " and in any process for Bcctions of thi.s enforcing the remedies or penalties given or imposed by this Act, to be sufficient, it shall be sufficient, without specifying more particularly the cause of complaint or off'ence, to refer by number, according to Short title of this Act; and in icj;al jfroceclings reference to (0 17 & 18 Vict. c. 104, s. 320. (u) Ibid., 8. 321. (a) 18 & 19A'ict. c. 119. {},) 26 & 27 Vict. c. 51. (c) 33 & 34 Vict. c. 95. \d) 35 & 36 Vict. c. 73. PART Xr.-rASSENGERS. 843 Chap. IV.] Sfafiifable provisions for the profeciion of j)ussmfj('rs. [Sect. IV. the copies of the Act ]irintefl by the Queen's printer, to the section or sections under wliich the proceeding is taken {e). For the purposes of this Act, the following words and expres- pefimtion of *■ "^ " _ terms used in sions, whenever they occur, shaU respectively have the following this Act. significations, if not inconsistent with the context or subject- matter; (that is to say,) words of one number or gender shall import both numbers and aU genders respectively ; the expres- sion "Her Majesty" shall include her heirs and successors; the expression "consular officer" shall signify and include Her " Consular . officer." Majestj-^'s Consul General, Consul, and Vice Consul ; the ex- pression "United Kingdom" shall signify Great Britain and '^United Ireland, and the Islands of Guernsey, Jersey, Alderney, Sark, ° Scilly, and Man; the expression " North America" shall signify "Xorth and include the Bermudas, and all ports and places on the eastern coast of the Continent of North America, or in the islands adjacent or near thereto, or in the Gulf of Mexico north of the Tropic of Cancer; the expression "West Indies" shall "^Vest Indies. " signify the West India Islands, the Bahamas, British Guiana, and Honduras; the expression "governor" shall signify the " Governor." person who for the time being shall be lawfully administering the government of any British colony in which he may be acting; the expression " statute adult" shall signify any person ".^?^*V*® of the age of twelve years or upwards, or two persons between the ages of one and twelve years; the expression " j^assage " "^^^''se-" shall include all passages except cabin passages ; the expression "passengers" shall include aU passengers except cabin passen- " ^^'^^"sers- ' gers, and except labourers under indenture to the Hudson's Bay Company, and their families, conveyed in ships the pro- perty of or chartered by the said Company, and no persons shall be deemed cabin passengers unless the space allotted to their exclusive use shall be in the proportion of at least thirty- six clear superficial feet to each statute adult, nor miless they shall be messed throughout the voyage at the same table with the master or first officer of the ship, nor unless the fare con- [e) 18 k 19 Yict. c. 119. p. 2. 3 I 844 PART XI.— PASSENGEES. Chap. IV.] Stahttahh 2>rovisions for the proiedion of 2)(isspngers. [Sect. IV. " Upper pas- senger deck." ' ' Lower pa.s- senger deck.' "Ship." tracted to be paid by them respectivelj'^ shall be m the propor- tion of at least tlm-ty shilhngs for every week of the length of tlie voyage as computed under the provisions of this Act for sailing vessels proceeding from the United Kingdom to an}^ place south of the Equator, and of twent}' shillings for such vessels l>roceeding to an}^ place north of the Equator, nor unless they shall have been furnished with a duly signed contract ticket according to the form in Schedule (K.) (/) of this Act; the expression " upper passenger deck " shall signify and include the deck innnediately beneath the upper deck, or the poop or round liouse and deck house when the number of passengers and cabin passengers carried in such poop, round house, or deck lioHse shall exceed one-tliu"d of the total number of passengers which such ship can lawfull}' carry on the deck next below; the expression " lower passenger deck," the deck next beneath the upper passenger deck, not being an orlop deck ; the expres- sion " ship " shall signify any description of sea-gomg vessel, whether British or foreign; the expression " passengei' ship" (g) shall signify every description of such sliij^ carrying upon any ' ' Passenger ship." Part in italics t • 7 ? • • /• 7 • ^ 777 7 repealed, infra, voyage to ichich the provisions oj this Act shail extend more Definition of "Passenger Ship" in section 3 of recited Act rci>calcd, and other provisions made. (/) See form, infra, p. 894. (7) By 2G & 27 Vict. c. 51, s. 3, the definition in the third section of the " Passengers Act, 1855," of the term " paseenger ship," is hereby re- pealed, and for the purposes of the said Act and of this Act the term, " passenger ship " shall signify every description of sea-going vessel, whether Briti.sh or foreign, carrying, upon any voyage to ivJiich the pjrovisions of the said " Passengers Act, \8oo," shall extend, more than fifty passengers, or a greater number of passengers than in the proportion of one statute adult to every thirty-three tons of the registered tonnage of such ships, if propelled by sails, or than one statute adult to every twenty tons, if propelled by steam. In Ellis V. Pearce, 1 E. B. & E. 431, it was held that a sailing ship was not a " passenger ship " within the meaning of sects. 3 and 71 of 18 & 19 Vict. c. 119, because she carried more than the number of passengers mentioned in this Act, if that num- ber or proportion could not be made up without x-cckoning cabin passen- gers, even although those jiersons had not received contract tickets under the 71st sect. ; for the pro- visions of the Act, with reference to contract tickets, are only applicable in the case of passenger ships, and the non-delivery of the tickets on board a ship, that is not a passenger ship, does not render it necessary to count the cabin passengers as steer- age passengers. PART XL-PASSENGERS. 845 Chap. IV.] Statutahh provmons for ilie profecl ion of passengers. [Sect. IV. than thirty passengers, or a greater number of passengers than in the iiropnrtion of one statute adult to every fifty tons of the registered tonnage of such ship if propelled by sails, or of one statute adult to every twenty five tons if propelled by steam ; the expression "master" shall signify the person who shall be "Master." borne on the ship's articles as master, or who, other than a pUot, shall for the time being be in charge or command of any such ship or ''passenger ship;" and the expression " emi- " Emigrant grant runner " shall signify ever}'- person other than a licensed passage broker or his bond fide salaried clerk, who within any port or place of shipping, or within five miles of the outer boundaries thereof, for hire or reward, or the expectation thereof, shall du-ectly or indirectly conduct, solicit, influence, or recom- mend any intending emigrant to or on behalf of any passage broker, owner, charterer, or master of a ship, lodging house, or tavern or shop keeper, money changer, or other dealer or chapman, for any pm^pose connected with the preparations or arrangements for a passage, or shall give or pretend to give to such intending emigrant any information or assistance in any way relating to emigration (Ji) . This Act shall extend to every " passenger ship " proceeding To ^h^t vessels on any voyage from the United Kingdom to any place out of this Act Europe and not being within the Mediterranean Sea, and on every colonial voyage as hereinafter described, and in the particulars mentioned or referred to in sections one hundred, one hundred and one, and one hundred and two, to every ship bringing pas- sengers into the United Kingdom from any place out of Europe and not being within the Mediterranean Sea; but shall not extend to any of Her Majesty's ships of war, nor to any ships in the sen-ice of the Commissioners for executing the office of Lord High Admiral of the United Kingdom, nor to any ship of war or transport in the service of the East India Company (i), nor to (//) IS & 18 Vict. c. Ill), s. 3. from tlio operation of the Act any Mail steamers {i) By 26 iS: 27 Vict. c. 51, s. 4, steam vessel carrying mails under ^aiTving other so much, of the fourth section of the contract with the eovernment of the '^" "^'Li^x^ ® passengers to said Passengers Act, 1855, as exempts state or colony to which such vessel he subject to 3 I 2 the Act. Silj TAET XI,— PASSENGEES. Chap. TV.] Sfalidahle provisions for the profectio)i of passoigers. [Sect. IV. repeale^l, infra Part in italics anif stcam I'csscl rcgidarlif employed in the conveyance of the piihlic mails under an existing contract with the government of the state or colony to icltivli sucJi steam vessel may belong, provided the master thereof shall, on demand, produce to the emigration officer at the port of clcai'ance or port of departure a certificate of exemption, in the form given in Schedule {A.) (A) hereto annexed, under the hand of the Postmaster-General of the United Kingdom, or of some person deputed by him for the purpose, or in the case of a colony, under the liand of the governor thereof, or in the case of a foreign state, under the hand of the Postmaster-General or other competent government officer whose signature shall be authenticated by the signature of a British consular officer in such foreign state (l). Such certificate of exemption shall be issuable at the discretion of the officer authorized to grant the same as hereinbefore mentioned, and shall remahi in force for the period specified tlierein, unless sooner revoked, or unless the vessel for which it shall liave been issued shall sooner cease to be employed in carry- ing the public mails ; and if any person shall make or attempt to make any fraudulent use of any such certificate, or shall forge, comiterfeit, alter, or erase the whole or any part thereof, or shall use or attempt to use any spurious or fraudulent certificate, the person so offending, and every person aidmg and abetting in such offence, sliall be liable to a penalty not exceeding five hundred pounds sterling, and the vessel for which the exemption is claimed shall not be cleared out until all the requirements of this Act have been complied with {m). Penalty on fraudulently using certiticatcs or using franlulent certificates. may belong, is hereby repealed, and every steam vessel, whether British, foreign, or colonial, which shall cany passengers other than cabin passengers in sufficient number to bring such vessel within the defini- tion of a passenger ship, as set forth in the third section of this Act, shall be subject to the provisions of the said Act and of this Act in like man- ner as any passenger ship not carry- ing a mail. (k) See form, infra, p. 889. (?) 18 & 19 Vict. c. 119, s. 4. [m) Ibid., s. 6. By 35 & 36 Vict. c. 73, ss. 5, 6, V, it is enacted that the sixth and seventh sections of the Passengers Act, 1855, except so much of the latter section as provides for the immunity of emi- gration officers, shall be repealed, and all powers and duties vested in or imposed on the Emigration Com- missioners by the Passengers Act, 1 855, and the Passengers Act Amend- ment Act, 1863, shall be transferred PART XI.— PASSENGERS. 8i7 Chap. IV.] Stafufable jtrovisions for the protection of passenrjers. [Sect. IV. The master of every ship, whether a " passeiif^er ship " or Facilities to , . be {jiven to the otherwise, fitting or intended for the carriage of passengers, or proper officers which shall carry passengers upon any voyage to which this Act inspection of extends, shall aiford to such emita'ation officer as aforesaid at f^ ^*^'P^ fitting ' ^ for passengers. any port or place in Her Majesty's dominions, and, in the case of British ships, to Her Majesty's consular officer at any foreign port or place at which such ship shall be or arrive, every facihty for inspecting such ship, and for communicating with the passengers, and for ascertaining that the provisions of this Act, so far as the same may be applicable to such ships, have been duly complied with ; the master of any ship who shall omit or fail to comply Penalty on with any of the requirements of this section shall be Hable to a ^^comply &c penalty not exceeding fifty pounds (?i). No ship fitted or intended for the carriage of passengers as a No passenger sbip to clear " passenger ship " shall clear out or proceed to sea until the without master thereof shall have obtained from the emigration officer at f^^^ '' the port of clearance a certificate of clearance under his hand emigration '• _ omcer, nor that all the requirements of this Act, so far as the same can be until bond be complied with, before the departure of such ship, have been duly ciown. complied with, and that such ship is, in liis opmion, seaworth}', in safe trim, and in all respects fit for her intended voyage, and that her jiassengers and crew are in a fit state to proceed, nor to and imposed on the Board of gers Act, 185.3, shall extend to any Trade. forms of application or other papers In the construction and for the issued by or under the authority of purposes of the said Acts, the name one of Her Majesty's Principal Se- of the Board of Trade shall bo deemed cretaries of State, for the use of per- to be substituted for the name of the sons desirous of emigrating by his Emigration Comuaissioners, and any- assistance, and to any certificate, thing which might, if this Act had document, or statement adduced in not passed, have been done by the support of any ai^ijlication to such Emigration Commissioners, whether secretary for such assistance. Sect. 6. acting independently or under the The powers conferred by the thir- sanction or authority of one of Her teenth section of the Passengers Act Majesty's Principal Secretaries of Amendment Act, 1863, on one of State, may be done by the Board of Iler Majesty's Principal Secretaries Trade independcntlj' of such sanction of State, shall be transferred to the or authority. Sect. 5. Board of Trade. Sect. 7. The provisions contained in the {n) IS & 19 Yict. c. 119, s. 10. eighty-third section of the Passcn- 848 I'AET XI.— rASSENGEES. Chap. IV.] Staiutahle }yrovisions for the p-otection of passengers. [Sect. V. luitil the master shall have joined in executing such bond to the Cro\sii as requii'ed b}" the sixty-third section of this Act : Pro- vided, that if such emigration officer shall refuse to grant such certiticate, and the owner, or charterer of such ship shall appeal in writing to the Emigration Commissioners, such commissioners shall appoint any two other emigration officers, or any two com- petent persons at the expense of the appellant, to examine into the matter, and if the persons so appointed shall grant a cer- tificate under theii' jomt hands to the purport hereinbefore requu'ed, such certificate shall be held to be of the same effect as if granted by the emigration officer of the port of clearance (o). ^^^ere (jj) >Jq yliip shall carry passengers or cabin passengers on more passengers ni.'iy .... be carried. than two decks ; provided, that cabin i)assengers in a proportion not exceeding one cabin passenger for every one hundred tons of the sliiji's registered tomiage, or sick persons placed m a hospital, as hereinafter provided, may be carried in a poop or deck house, notwithstanding that passengers are carried on two other decks, and if passengers are carried under the poop or in any round house or deck house, such poop, round house, or deck house shall be ju'operly built and secm-ed to the satisfaction of the emigi'ation officer at the port of clearance : For any breach of tliis enactment the master of the ship shall for each offence be liable to a jienalty not exceeding five hundred pounds nor less than twenty pounds sterhng {q). Sect. 5. Matters relating to a passenger ship to he attended to before sailing on voyages from the United Kingdom. Rule* for For determining the number of passengers to be carried in any determining the numUr of " passenger sliip tlie following rules shall be observed : E^JriS ^ {I.) No ship propelled hy sails only shall carry a greater number of persons {including every individual on board) than in {fj) 18 & 19 Vict. c. 119, 8. 11. by 26 & 27 Vict. c. 51, s. 12. (p) The 12th .section is repealed (7) 17 & IS Vict. c. 119, s. 13. PART XI.— PASSENGERS. 849 Chap. IV.] Sfafutahle proviswHS far tM protection of passengers. [Sect. V. the proportion (f one statute adidt to every two tons of lier Tonnage check, registered tonnage (a) : (2.) No ship shall cany under the poop, or in the round house Space check, or deck house, or on the "upper passenger deck"(i), a greater number of passengers than in the proportion of one statute adult to every fifteen clear superficial feet of deck allotted to their use : (3.) No ship shall carry on her lower passenger (b) deck a greater number of passengers than in the proportion of one statute adult to every eighteen clear superficial feet of deck allotted to their use : Provided nevertheless, that if the height between such lower passenger deck and the deck immediately above it shall be less than seven feet, or if the apertures (exclusive of side scuttles) through which light and air shall be admitted together to the lower passenger deck shall be less in size than in the proportion of three square feet to every one hundred superficial feet of the lower passenger deck, no greater number of passengers shall be carried on such deck than in the proportion of one statute adult to everj'' twentj^-five clear superficial feet thereof : (4.) No ship, whatever be her tonnage or superficial space of "passenger decks," shall carry a greater number of passengers on the whole than in the proportion of one statute adult to every five superficial feet, clear for exercise, on the upper deck or poop, or (if secured and fitted on the top with a railing or guard to the satisfac- tion of the emigration officer at the port of clearance) on any round house or deck house : (5.) In the measui'ement of the passenger decks, poop, round (rf) By 26 & 27 Vict. c. ol, s. 6, of tho same section as relates to such Repeal of the first rule of the fourteenth sec- rule, is hereby repealed, except so tonnage check tion of the said rasson£:crs Act, 18 'j-5, far as relates to anv penaltv incurred °° number of D'I'ssch'^gt** to ■which limits the number of persons or legal proceedings taken there- becarried in a to be carried in a passenger ship by under. passenger ship. her registered tonnage, together with (h) See meaning of these terms, IS so much of the concluding portion & 19 Vict. c. 110, s. 3. Supra, p. 8-1-1. SoO I'AET XI.— PAiSSENGERS. CuAP. IV.] StaiutaNe provisions for tlie protection of passengers. [Sect. V. Penalty. Words in iuUics repeAletl, see 25 4 26 Vict. c. 51, s. 5. Passenger lista to be delivered in duplicate by the master before deai-auce. house, or deck house, the space for the hospital and that occupied by such portion of the personal luggage of the passengers as the emigration officer may permit to be earned there shall be included : If there shall be on board of any ship at or after the time of clear- ance a greater number cither of persons or passengers (except by births at sea), than in the proportions respectively hereinbefore mentioned, the master of such ship shall be liable to a penalty not exceeding twenty pounds nor less than five pounds sterling for each passenger or person constituting such excess (c). The master of every ship, whether a "passenger ship," or otherwise, caiTying passengers on any voyage to which this Act extends, shall, before demanding a clearance for such ship, sign two lists (cZ), made out according to the form contained in schedule (B.) (e) hereto annexed, correctly setting forth in the manner therein directed the name and other particulars of the ship, and of every passenger on board thereof ; and the said lists, when countersigned by the emigration officer, where there is one at the port, shall be delivered by the master to the officer of the customs from whom a clearance of the said ship shall be demanded, and such officer shall thereupon also countersign and return to the said master one of such lists, hereinafter called " the master's list; " and the said master shall note in writing on such last-mentioned list, and on any additional lists to be made out as next hereinafter provided, the date and supposed cause of death of any passenger who may die, and the date of birth and sex of any child who may be bom on the voyage, and shall exhibit such last-mentioned list, with any additions which may from time to time be made thereto, (c) 18 & 19 Vict. c. 119, 8. 14. Ca>-'>n Id) By 2G & 27 Vict. c. 51, s. G, K*^clud"l in ^ *^® passenger Hsts required by tlio passenger li-st-H. sixteenth and seventeenth sections of the Pas.sengers Act, 1855, to be delivered by the master of every ship before demanding a clearance, there ehall be set forth, in addition to the other particulars required by the Passengers Act, 1855, the names of all cabin passengers on board such ships, specifying whether they re- spectively are under or over twelve years of age, and at what place the passengers and cabin passengers re- spectively are to bo landed, and the Schedule B. to the said Act shall bo altered accordingly, (e) See infra, p. 189. PART XI.— PASSENGERS. 851 Chap. IV.] Statiitahh provisions for the protection of j)ussen(jers. [Sect. V. as hereinafter directed, to the chief officer of customs at any port or place in Her Majesty's possessions, or to Her Majesty's consular officer at any foreign port at which the said passengers or any of them shall be landed, and shall deposit the same with such chief officer of customs or such consular officer, as the case may be, at the final port or place of discharge, and such officer of customs or consular officer, shall thereupon forthwith transmit the particulars respecting any passenger who may die, or of any child who may be born on the voyage to the Registrar General of Bu'ths, Deaths, and Marriages in England, who shall file the same, and enter a copy thereof under his hand, in the " Marine Register Book," which entry shall be dealt with and be of the same value as evidence as any other entry made in such book under the provisions of an Act passed in the Session of Parliament held in the sixth and seventh years of the reign of her present Majesty, 6 & 7 W. 4 intituled "An Act for Registering Births, Deaths, and Marriages ^" ^^' in England : " In case of noncompliance with any of the require- ments of this section on the part of the master, or if such Hsts shall be wiKully false, the master shall for each offence be liable to a penalty not exceeding one hundred pounds nor less than five pounds sterhng (/). If at any tune after such lists {g) shall have been signed and Lists of delivered as aforesaid any additional passenger shall be taken embarked'after on board, in every such case the master shall, according to the clearance to be " delivered by form aforesaid, add to " the master's list " the names and other master. particulars of every such additional passenger, and shall also sign a separate list, made out according to the form aforesaid, containing the names and other particulars of every such addi- tional passenger, and such last-mentioned list, when counter- signed by the emigration officer, Avhere there is one at the port, shall, together with " the master's list " to which such addition shall have been made, be delivered to the chief officer of customs as aforesaid, and thereupon such officer shall countersign " the master's list," and shall return the same to the said master, and (/) 18 & 19 Vict. c. 119, s. IG. [(j) See 2G & 27 Vict. c. ol, s. G, ante, p. SoO, n. {,!). 852 PART XI.— PAfciSENGEES. Chap. IV.] Statutable prmmions for Vie protection of passengci's. [Sect. V. sliiill retain tlie separate list, and so on in like manner whenever any additional psssenger or passengers may be taken on board ; or if no oftlcor of customs shall be stationed at the port or place where such adihtional passenger or passengers may be taken on board, the said hsts shall be dehvered to the officer of customs at till' next port or place at which such vessel shall touch or arrive and where an}' such officer shall be stationed, to be dealt with as hereinbefore mentioned : Provided that when any additional passengers shall be taken on board the master shall obtain a fresh certificate from the emigi'ation officer of the port that all the requirements of this Act have been duly complied with before the Penalty on sliii) shall proceed to sea : In case of noncomphance with any of noncompliance. pi. • , f ^ ^ • \ ^^ tlie reqiui'eraents of this section, the master of such ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling ili). Penalty on If ail}' persoii shall be foimd on board any passenger ship with on 'board ships ^^^'^^ ^^ obtain 9, passage therein without the consent of the without owner, charterer, or master thereof, such person, and every person consent of _ owners, 4c, aiding and abetting him in such fraudulent intent, shall respec- tively be liable to a penalty not exceeding five jiounds {i), and in default of payment to imprisonment, with or without hard labour, for a period not exceeding three calendar months ; and such person so found on board may be taken before any justice of the peace, without warrant, and such justice may summarily hear the case, and on proof of the offence convict such offender as aforesaid (/i). All itt&scnger ^" " passenger ship " shall clear out or proceed to sea unless «hii.fl to be gjjg shall have been sui-veyed, under the direction of the emigra- «un-eyevitli at least two privies, and with two additional privies on deck for every one hundred passengers on hoard, and in ships cai-rying as many as fifty female passengers, with at least two water-closets under the poop, or elsewhere on the upper deck, to the satisfaction of such emigTation officer, for the exclu- sive use of the women and young children ; all of which privies and water-closets shall he firmly constructed and maintained in a serviceable and cleanly condition throughout the voyage, and sliall not be taken down until the expu'ation of forty-eight hours after the airival of the ship at the port of final discharge, unless all the passengers sooner quit the ship ; provided that such ]irivies shall he placed in equal numbers on each side of the ship, and need not in any case exceed twelve in number. In case of noncompliance with any of the requirements of this section, the master shall be liable to a penalty for each offence not exceedmg fifty pounds nor less than five pounds sterhng (r). A.S to light and Xo " passenger ship " shall clear out or proceed to sea without ventilation. such provision for affording hglit and an* to the passenger decks as the circumstances of the case may, in tlie judgment of the emigration officer at the port of clearance, require ; nor if there are as many as one hundred passengers on board, without having an adequate and proper ventilating apparatus, to be approved by such emigi'ation officer and fitted to his satisfaction ; the passen- gers shall, moreover, have the free and unimpeded use of the whole of each hatchwaj' situated over the space appropriated to their use, and over each such hatchway there shall be erected such a boobyhatch or other substantial covering as shall, in the opinion of such emigration officer, afford the greatest amount of light and air, and of protection from wet, as the case will admit. Ponalty on \^ ^ase of noncompliance with any of the requirements of this noncompliance. section, the owner, charterer, or master of the ship, or any of them, sliaU for each offence be liable to a penalty not exceeding fifty pounds'nor less than twenty pounds (s). (r) 18 & 19 Vict. c. 119, s. 2j. (s) Ibid., s. 26. PART XI.-PASSENGEES. 857 Chap. IV.] Statutahle provisions for tM protection of jMsseng&rs. [Sect. V. Eveiy " passenger ship " shall carry throughout the voyage Regulations as a number of boats according to the following scale ; (that is to of boats^"^'"^ say,) Two boats for every sliip of less than two hundred tons : Three boats for every shij) of two hundred and less than four hundred tons : Four boats for every ship of foiu- hundred and less than six hundred tons : Five boats for every ship of six hundred and less tlian ten hundred tons : Six boats for every ship of ten hundred and less than fifteen hundred tons : Seven boats for every ship of fifteen liundred tons and upwards: Provided that no "passenger ship" shall be requii'ed to carry a greater number of boats than are sufiicient in the judgment of the emigration officer at the port of clearance to carry all the persons on board of such ship. One of such boats shall in all cases be a long boat, and one shall of life boats ; be a properly fitted life boat, which shall be carried in such a manner as to be, in the opinion of the emigration officer, most available for immediate service : each of such boats shall be of a suitable size and descrij)tion, to be approved by the emigration officer at the port of clearance, and shall be seawoi-thy, and properly supplied with all requisites, and kept clear at all times for immediate use at sea : there shall likewise be on board each " passenger ship " if proceeding to any place to the southward of the Equator at least two chronometers, and if to any place to the nortliward of the Equator at least one chronometer, and on board of all " passenger ships " at least three steering and one azimuth and of life compass, four properly fitted life buovs, kept readv at all times ^" /> '^^^'^^°^> and fire for immediate use, and some adequate means, to be approved bv engines, &c. the emigration officer at the port of clearance, of making signals by night and in fogs ; also a fire engine, in proper working order, and of such description and power and either with or without such other apparatus for extinguisliing fire as such officer may approve; and not less than three bower anchors of such weiglit, and 858 PAET XI.— PASSENGEES. Chap. IV.] StatutaMe provisions foi' fhe protection of passengers. [Sect. V, Regiilations as U> cjirrying an efficient crew. Certain articles prohibited a-s cargo and ballaHt. Horses and cattle may Vjc carried in jiasfienger shii>«, under conditions herein named. with cables of such length, size, and material, as in the judgment of such emigi'ation officer shall he sufficient for the size of the ship. In case of noncompliance with an}'' of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five i)ounds sterUng {u). Every " passenger ship " shall be manned Avith an efficient crew for her intended voyage, to the satisfaction of the emigration officer from whom a clearance of such ship may be demanded, and the strength of the crew shall not be diminished, nor any of tlie men changed, when once passed by such emigration officer, without his consent in writing, or that of the shipping master (?') of the port of clearance, as required by the laws then in force regu- lating the shipping of seamen on board merchant vessels. Where the consent of the shipping master {v) is obtained, it shall, within twenty-four hours thereafter, be lodged with such emigration officer. In case of noncompliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds : Provided, that if the emigi'ation officer shall consider the crew inefficient, and the owner or charterer of the ship shall thereupon appeal in writing to the said emigration commissioners, such commissioners shall, at the expense of the appellant, appoint two other emigration officers or two competent persons to examine into the matter, and the unanimous opinion of the persons so appointed, expressed under tlicir liands, shall be conclusive on the point {x). No " passenger ship " shall clear out or proceed to sea if there shall be on board as cargo, horses (?/), cattle (?/), gunpowder, vitriol, lucifer matches, guano, or green hides, nor if there shall (u) \H & im'ict. c. 119, 8. 2T. {v) Supra, p. 839, n. (o). (x) 18 & 19 Vict. c. 119, s. 28. (y) By 26 & 27 Vict. c. 51, s. 8, nolvv-ithstanding the prohibition con- tainod in tho twenty-ninth section of the said Passengers Act, 185.5, horses and cattle may be carried as cargo in passenger f^hips, subject to the following conditions : (1.) That the animals be not car- ried on any deck below the deck on which passengers are berthed, nor in any compartment in which pas- sengers are berthed, nor in any adjoining comi)artment, except in a ship built of PAET Xr. -PASSENGERS. 859 Chap. IV.] Statutahle provmons for the protection of 2)assengers, [-^ect. v. be on board any other article or number of articles, whether as cargo or ballast, which by reason of the nature or quantity or mode of stowage thereof shall, either singly or collectivel}"-, be deemed by the emigration officer at the port of clearance likely to endanger the health or lives of the passengers or the safety of the ship : no part of the cargo, or of the passengers luggage. Stowage of or of the provisions, water, or stores, whether for the use of the ^d^Iu^trage to passengers or of the crew, shall be carried on the ui>per deck or \^ aiiprovcd •^ " -^ ^ . by emigration on the " passenger decks," unless in the opinion of such emigra- officer. tion officer it shall be so placed as not to impede light or ventila- tion, nor interfere with the comfort of the passengers ; nor unless the same be stowed and secured to the satisfaction of such emigration officer, and the space occupied thereby or rendered, in the opinion of such officer, unavailable for the accommodation iron, and of wTiich the com- partments are divided off by water-tight bulkheads ex- tending to the upper deck : (2.) That clear space on the spar or weather deck be left for the use and exercise of the l^assengors, at the rate of at least ten superficial feet for each statute adult : (3.) That no greater number of passengers be carried than in the proportion of fifteen to every one hundred tons of the ship's registered ton- nage : (4.) That in passenger ships of less than five hundred tons re- gistered tonnage not more than two head of large cattle bo carried, nor in passenger ships of larger tonnage more than one ad- ditional head of such cattle for every additional two hundred tons of the ships registered tonnage, nor more in all in any passen- ger ship than ten head of such cattle : the term ' ' largo lar^e cattle. cattle" shall include both Definition sexes of horned cattle, deer, °/ ^'-''"'^ horses, and asses ; four sheeji of either sex, or four female goats, shall be equi- valent to, and may, subject to the same conditions, bo carried in lieu of one head of large cattle : (o.) That proper arrangements be made, to the satisfaction of the emigration officer at the port of clearance, for the housing, maintenance, and cleanliness of the animals, and for the stowage of their fodder : (6.) Not more than six dogs, and Dogs and pigs. no pigs or male goats, shall be conveyed as cargo in any l)assenger ship : for any breach of this prohibition, or of anj' of the above con- ditions, the owner, char- terer, and master of the ship, or any of them, shall be liable for each offence to a penalty not exceeding three hundred pounds nor less than five pounds. .'5 K 860 PART XI.— PASSENGERS. Chak IV.] Statutahle provisions for the protection of passengers. [Sect. of the passengers, shall (unless occupied by passengers luggage) be deducted in calculating the space by which, under the pro- visions of tliis Act, the number of passengers is regulated. In case of noncompliance with awj of the requirements of this section, the owner, charterer, or master, or an}' of them, shall for each oifence be liable to a penalty not exceeding three hundred pounds nor less than five pounds sterling {z). Computation of For the purposes of this Act, the length of the voyage for a **' passenger ship " proceeding from the United Kingdom to the under-mentioned places respectively shall be determined by the following scale ; (that is to say,) voyages. If the ship be propelled by sails aloue, or by'steam power not sufficient, without the aid of sails, to propel the ship after the rate of five statute miles an hour. If the ship be propelled either whoUy or in aid of sails by steam engines of not loss power than sufficient, with- out the aid of sails, to propel the ship after , the rate of five 1 statute miles I an hour. To North America (except the West Coast thereof ) : — For ship.s clearing out between the sixteenth day of January and the fourteenth day of Octobei", bntli daj-s inclusive ..... For ships clearing out between the fifteenth day of October and the seventeenth day of January, both days inclusive ..... To the West Indies, and any part of the East Coast of Central or South America, north of the Equator To any jjart of the East Coast of South America lying between the Equator and the twenty-fifth degree of south latitude ....... To the West Coast of Africa north of the Equator To the coast of Africa south of the Equator, or to the \ Falkland Islands, or to any part of the East Coast of f South America southward of the twenty-fifth degree ( of south latitude . . . . . • • ) To the Mauritius, and to the Western Coast of America ] south of the Equator . . . . . . f To Ceylon To Western Australia To any other of the Australian colonics. . . . To New Zealand and to the Western Coast of America between the Equator and the fortieth degree of north latitude ....... To the Western Coa.st of America north of the fortieth ) degree of north latitude, and the islands adjacent ^ thereto. . . . • • • . . . ) Days. 70 80 70 8-1 Si 105 126 140 120 140 150 1S2 Days. 40 45 40 50 50 65 85 85 90 90 (2) 18 «& 19 Vict. c. 119, s. 29. But by 33 & 34 Vict. c. 95 (The Pas- PAET XT.— PASSENGERS. 8G] Chap. IV,] Statufahh provisions^ for the protection of passengers. [Sect. V. For the like purposes, tlie said emigi-ation commissioners, acting by and under the authority of one of Her Majesty's principal secretaries of state, from time to time, bj' any notice in wi'iting issued under the hands of any two of such commissioners, and pubUshed in the London Gazette, ma}' nevertheless declare what shall be deemed to be the length of voyage from the United Kingdom to an_v of the said hereinbefore mentioned places, or to any other port or place whatsoever, and may fix such different lengths of voj^age as they may think reasonable for such different descriptions of vessels as aforesaid («). Before any ''passenger ship " shall be cleared out the emigra- Before tion officer at tlie port of clearance shall survey or cause to be pr^^si'ons surveyed by some competent person the provisions and water bv ^^^^ ^'''^'^^^ *" •^ -^ i- ^ i J be surveyed. this Act required to be placed on board for the consumption of the passengers, and shall satisfy himself that the same are of a good and wholesome quality, and in a sweet and good condition, and are in quantities sufficient to secure throughout the voyage the issues hereinafter prescribed : in addition to the allowance of pure water for the use of each passenger there shall be shipped for cooking purposes an additional supply of pure water after the rate of at least ten gallons for ever}' day of the prescribed length of voyage for every one hundred statute adults on board ; and also for the use of the crew and all other persons on board an sengers Amendment Act, 1870), s. 3, officer at the port of clearance, and •'Any one of Her Majesty's j)rinci- shall be by him countersigned and pal secretaries of state may, by delivered to the master of the pas- order under his hand, authorize the senger ship to which it refers, and carriage as cargo in any passen- shall be delivered up by the master ger ship (subject to such conditions to the chief officer of customs at tho and directions as may bo specified in port where the stores arc discharged, the order) of naval and military "The master shall comply with stores for the public service, and all the conditions and directions such stores may, notwithstanding specified in tho order, and non-com- anything contained in the principal plianco therewith shall bo deemed Act (18 & 19 Vict. c. 119), bo carried non-complianco with the require- accordingly in such passenger shij). ments of the said section twenty- " Such order shall be addressed to nine of the principal Act." the emigration officer or person per- {a) 18 & 19 Vict. c. 119, b. '60. forming the duties of emigration 3 K 2 1 862 PAET XI.— PASSENGEES. CuAi'. IV.] Slaf It fithle provisions for ihe proteciion of passengers. [Sect. V. Provisious fi-r the cww not to be inferior to those for tho passengers. Ponaltv. Pover to emigration officer to reject and mark bad provisions, and direct the same to be landed, and if reshipped parties liable to a penalty. Water tanks or cajiks to be approved by emigration officer. auiplo sui^i)ly of ^vllolosolllc provisions and pure water, wliicli shall not be iiilerior in quality to the supply of the same articles provided for the consumption of the passengers : all such water, jirovisions, and stores shall he provided and properly stowed away in accordance with the requii'ements of the twenty-nmth section of this Act, by and at the expense of the owner, charterer, or master of the ship ; and if a clearance be obtained for any " passenger ship" which shall not be then stored with the requisite quantities of such water, provisions, and stores as are requii'ed by this Act, the owner, charterer, or master of such ship, or any of them, shall for each offence be liable to a penalty not exceeding three hundred pounds sterling (c). If such emigration officer shall consider that any of the provi- sions or stores or water are not of a good and wholesome quality, or are not in a sweet and good condition, it shall be lawful for him to reject and mark the same, or the packages or vessels in which they are contained, and to direct the same to be landed or emptied ; and if such rejected provisions or stores or water shall not thereupon be forthwitli landed or emptied, or if, after being landed, the same or any part thereof shall be re- shipped in such ship, the owner, charterer, or master thereof, or an}' of them, or if reshipped in au}' other " passenger ship " the person causing the same to be reshijjped, shall for each offence be liable to a penalty not exceeding one hundred pounds sterling (d). In every " passenger ship " the water to be laden on board, as hereinbefore requii'ed, shall be carried in tanks or in casks to be approved by the emigration officer at the port of clearance. "When casks are used, tlic}' shall be sweet find tight, of sufficient strength, nnd if of wood properly chiin'cd inside, and shall not be capable severally of containing more than three hundred gallons each : the staves of the water casks shall not be made of fir, pine, or soft wood. In case of noncompliance with any of the rcquu'ements of this section, the owner, charterer, or master (c) 18 & 10 Yict. c. 119, 8. 31. ('/) Ibid., s. 32. PART XI. -PASSENGERS. 8C3 Chap. IV.] ^kilulciblc 'provmons for the iwoU'cHon of passengers. [Sect. V. of such ship, or any of them, shall for each offence be liahle to a penalty not exceeding fifty pounds (c). If any ''passenger ship" shall be intended to call at any provisions for intermediate port or place during the voyage, for the pui-pose of intermediate taking in Avater, and if an engagement to that effect shall be ports to fill up . .... . . water. inserted in the bond mentioned in the sixty-third section of this Act, then it shall be sufiicient to place on board at the port of clearance such supply of water as may be requisite, according to the rate hereinafter mentioned, for the voyage of the said ship to such intermediate port or place, subject to the following condi- tions ; (that is to say,) First, That the emigration officer signif}^ liis approval in wTiting of the arrangement, to be carried amongst the papers of the ship, and exhibited to the chief officer of customs, or to Her Majesty's consular officer, as the case may be, at such inter- mediate port or place, and to be deUvered to the chief officer of customs, or to Her Majesty's consular officer, as the case ma}' be, on the arrival of the said ship at the final joort or place of discharge : Secondly, That if the length of either portion of the voyage whether to such intermediate port or place, or from such intermediate port or place to the final port or place of dis- charge, be not prescribed in or under the provisions of this Act, the emigration officer at the port of clearance shall m every such case declare the «ame in writing to be carried amongst the papers of the ship : Thirdly, That the ship shall have on board at the time a clear- ance is demanded tanks or water casks, of the description hereinbefore mentioned, sufficient for stowing the quantit}- of water requu-ed for the longest of such portions of the voj-age as aforesaid (/). The master of every "passenger ship" shall, during the Dietary scales voyage, including the time of detention at any place before the ° p^°^'^'°°^- termmation thereof, issue to each passenger, ov where the passen- gers are divided into messes, to the head man for the time being (e) 18 & 19 Yict. c. 119, s. 33. (/) Ibid., s. 3-1. 8G1 PAET XT.— rASSENGEES. CuAr. IV.] Slafutalle provisions for iJie protection of passengers. [Sect. V. of each mess on behalf and for the use of all the members thereof, an allowance of pure water and sweet and wholesome provisions, of good quahty, according to the following dietary scale ; (that is to say,) if the length of the voyage, computed as hereinbefore mentioned, shall not exceed eightj^-four days for sliijis propelled by sails only, or fifty days for ships proi^elled by steam, or steam in aid of sails, then according to the dietary scale marked " A. ;" but if the length of the voyage, computed as aforesaid, shall exceed eighty-four daj's for ships propelled by sails only, or fifty days for ships propelled by steam, or steam in aid of sails, then according to the dietary scale marked "B." Water. Three quarts of water daily to each statute adult, exclusive of the quantity herembefore specified as necessary for cooldng the articles hereinafter requii-ed to be issued in a cooked state. Provisions. Weekl}', i^er statute adult : — Scale A. Scale B. For voyagoa not For voyages exceeding 84 daj-s exceeding 84 days for sailing vessels, for sailing vessels, or 00 daj-s for or 50 days for steamers. steamers. lbs. oz. lbs. oz. Bread or biscuit, not inferior in quality to ) 3 8 3 8 navy biscuit \ Wheaten flour 1 2 Oatmeal ....... 1 8 1 Rice 1 8 8 Pea.s 1 8 1 8 Potatoes ........ 2 2 Beef 1 4 1 4 Pork 1 1 Tea 2 2 Sugar 1 1 .Salt 2 2 Mustard ........ i 4 Black or white pcj^per, ground \ i Vinegar one gill. one gill. Lime juice {g) 6 1 Preserved meat 1 Suet 6 Raisins 8 Butter 4 Issue of lime juice. {g) By 2G & 27 Vict. c. 51, .s. 9. The requirements of the thix'ty-fifth PAET XL— PASSENGERS. 8(j5 CuAP. IV.] Statutahk 2>rovisions for the protection of passengers. [Sect. v. Substitutions {h). Substitutions at the following rates may, at the option of the master of any ''passenger ship," be made in tlie above dietary scales, that is to say : — . for foi" 1 lb. of preserved meat . 1 lb. of flour or of bread or biscuit, or i lb. of beef or of pork . 1 lb. of rice ..... i lb. of i^rescrved potatoes . 10 oz. of currants .... 34 oz. of cocoa or of coffee, roasted and ground ... , . ^ lb. of treacle .... 1 gill of mixed pickles of 1 IV). of salt pork or beef. 14 lb. of oatmeal, or 1 lb 1 lb. of peas. 1 j lb. of oatmeal, or vice versA. 1 lb. of iwtatoes. S oz. of raisin-s. for for for for 2 oz. of tea. for for 4 lb. of sugar. 1 gill of vinegar. Provided, that the substituted articles be set forth in the contract tickets of the passengers. In case of noncompHance '\\'ith any of Penalty on the requirements of this section, the master of the ship shall be noncompliance, liable for each oifence to a penalty not exceeding fifty pomids sterling (i). The messes mto which the passengers in any passenger ship Size of messes. may be divided shall not consist of more than ten statute adults in each mess, and members of the same family, whereof one at least is a male adult, shall be allowed to form a separate mess. The provisions according to the above scale shall be issued, such Provisions to of them as require to be cooked in a properly cooked state, daily aad^J"tidtf ■^' before two o'clock in the afternoon, to the head person for the ^'■'''<^'» require cooking to be section of the said " Passengers Act, 1855," that six ounces of lime juico should bo issued weekly to each statute adult on voyages exceeding eighty-four days in duration for sail- ing vessels, or fifty days for steamers, shall be confined to the period when the ship shall be within the tropics ; during the other portions of the voy- age the issue of limo juice shall bo at the discretion of the medical j^rac- titioner on board ; or, if there bo no such practitioner on board, at the discretion of the master of the ship. {h) By 2G & 27 Vict. c. 51, s. 10, in addition to the substitutions in the dietary scales specified in the thirtv-fifth section of the said " Pas- ^ sengers Act, 1855," soft bread baked of Joff Sead on board may be issued, at the option for other bread of the master of any passenger ship, stuffs. in lieu of the following articles, and in the following proportions ; (that is to say,) one pound and a quarter of a pound of such soft bread may bo issued in lieu of one pound of flour, or of one pound of biscuit, or of one pound and a quarter of a pound of oatmeal, or of one pound of rice, or of one pound of peas. (0 18 & 19 Yict. c. 119, s. 35. 866 PAET XI.-PASSENGEES. Chap. IV.] Statu fable provisions for the protection of passengers.] ['"^ect. V. time being of each mess on behalf and for the use of the members thereof. The first of such issues shall be made before two o'clock hi the afternoon of the day of embarkation to or for such passen- gers as shall be then on board. In case of noncompliance, with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds (A). Power to The said emigration commissioners for the time being, acting crmSiio" ers ^u^^^^r the authority of one of Her Majesty's principal secretaries to authorize an ^f gtate, may from time to time, by any notice for that purpose, alternative *^ „ , . . , dietary scale, issued under the hands of any two ot such commissioners, and jniblished in the London Gazette, authorize the issue of provisions in any "passenger ship" according to such other dietary scale (besides that hereinbefore prescribed) as shall in their opinion contain in the whole an equivalent amount of wholesome nutri- ment ; and after the publication of such notice it shall be lawful for the master of any "passenger ship" to issue provisions to his passengers either according to the scale by this Act prescribed, or according to the scale authorized by t]ie said commissioners, whichever may have been set forth in the contract tickets of the Power to i)assengcrs : Provided always, that the said commissioners acting to'alteTd'icUiry under sucli authority and by such notice as aforesaid may revoke ««ale- or alter any such dietary scale authorized by them, as occasion may require (/). As to passenger Every "passenger ship" carrying as many as one liundred jiassengers shall have on board a seafaring person, who shall be rated in the ship's articles as passengers' steward, and who shall be ai)proYed by tlie emigration officer at the port of clearance, and who sliall be emplojed in messing and sei-ving out the provi- sions to the passengers, and in assisting to maintain cleanliness, order, and good discipline among the passengers, and who shall Penalty on not assist in any Avay in navigating or working the ship. In case noncompliance. ^£ noncompliance with any of the requirements of tliis section, {k) 18 & 10 Vict. 0. no, s. 3G. (/) Ibid., s. 37. TART XI.— PASSENGERS. 867 CuAP. IV.] ^kduiable ivovmons for the protection of passengers. [Skct. V. the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling (in). Every ** passenger ship" carrying as many as one hundred A.s to pas.senger passengers shall also have on board a seafaring man, or if carrying cooking""^ moi-o tlian three liuiidrcd "statute adults," two seafaring men, to ^i'l"^^^*"^- be rated and approved as in the case of passengers stewards, who shall be employed in cooking the food of tlie passengers : A convenient place for cooking shall also be set apart on deck ; and a sufficient cooking apparatus, properly covered in and arranged, shall be provided, to the satisfaction of the said emigration officer, together with a proper supply of fuel adequate, in his opinion,- for tlie intended voyage. In case of noncompliance with any of the p^^.^^j^ requirements of this section, the master of tlie ship shall for each noncompiiauce. offence be hable to a penalty not exceedhig fifty pounds nor less than five pounds sterling (»). In every foreign "passenger ship " in which as many as one in what cases haK of the passengers shall be British subjects, unless the j"*'''"^''"^*f ^ *° '' ' be carried. master and officers or not less than three of them shall under- stand and speak intelhgibly the English language, there shall be carried, where the number of passengers does not exceed two hundred and fifty, one person, and where it exceeds two hundred and fifty, two persons, who understand and speak intelligibly the language spoken by the master and crew and also the Enghsh language, and such persons shall act as interpreters, and be employed exclusively in attendance on the passengers, and not in the working of the ship ; and no such ship shall clear out or proceed to sea without luiving such interpreter or inteiiireters on board ; and the master of any such foreign ship clearing out or proceeding to sea without having such interpreter or interpreters Tenalty. on board as aforesaid shall for each offence be liable to a penalty not exceeding fifty pounds nor less tlian five pounds sterling (o). Every "passenger ship" shall in the following cases carry a in what case.? a duly qualified medical practitioner, who shall be rated on the """'^i'''^ "-^1 ship's articles : (m) 18 & 19 Yict. 0. 119, s. 38. [r,) Ibid., s. 39. (o) Ibid., s. 40. SOS PAET XI.— PASSENGEES. Chap. IV.] Stafutahle provisions fm' the protection of jMssengers. [Sect. V. Pen.alty. Qualifiiath of medical men. Penally, Meflicincs rin=> ' J- passengers (a) 18 & 19 Vict. c. 119, s. 40. By in the said act, upon the delivery up 20 & 27 Vict. c. 51, s. 11. The foi-ty- of their contract tickets, and not- sixth section of the said Passengers withstanding that the ship may not Act, ISjo, shall bo applicable to havo sailed: provided always, that cabin as well as to other passengers in the case of cabin passengers so landed on account of sickness ; and landed one half only of their passage the i^assago money of all cabin or money shall be recoverable, other passengers so landed may bo (//) Ante, p. 870. recovered in the manner pointed out (!) By 20 & 27 Vict. c. o\, s. 12, "Tho 12th, 51st, 53rd, tS: 54tli sections of the Passengers Act, 1855," shall be and the same are hereby repealed, except as to tho recovery and appli- cation of any penalty for any offence committed against tho said Act, and except so far as may bo necessary for supporting or continuing anj' pro- ceeding heretofore taken or hereafter to bo taken thereunder ; and in lieu of the enactments contained in such sections, tho enactments in the four next following sections shall respec- tively be substituted ; (that is to say,) Forfeiture of By 26 & 27 Vict. c. 51, s. 13, If uhip if mawtcr any passenger ship shall clear out or proceeds to »ea proceed to sea without tho master without L • A> 1 • certificate of havmg first obtained such certificate clearance, &c. of clearance, or without his having joined in executing such bond to tho crown as by the said' ' Passengers Act, 1855," are required, or if such ship, after having put to sea, shall put into any port or place in tho United Kingdom in a damaged state, and shall leave or attempt to leave such port or place with passengers on board without tho master having first obtained such certificate of clearance as is required by section fifty of tho said " Passengers Act, 1855," such .ship shall be forfeited to the use of Her Majesty, and may be seized by any officer of customs, if found, within two jears from the commission of the offence, in any port or place in Her Majesty's do- minions ; and such ship shall there- gncli sliip upon be dealt with in the same man- to be dealt nor as if she had been seized as for- . f^ SGlZGcl fuited for an offence incurring for- ^m^gj. ^yg. feiture under any of the laws relating toms laws, to tho customs : i:)rovided that it shall bo lawful for one of Her Ma- jesty's Principal Secretaries of State* powcr to to release, if ho shall think fit, any Secretary of such forfeited ship from seizure and ^t^te to re- forfeiture, on pavment by the owner, ^'^^^^ ^'"^'^ ' r J J ' ou pay- charterer, or master thereof, to the ment of a use of Her Majesty, of such sum not sum of exceeding two thousand jwunds as '"oncy. such Secretary of State may by any writing under his hand specify. By 2G & 27 Vict. c. 51, s. 14, If In case of any passenger ship shall bo wrecked, "'"''^'^^^ "•; or otherwise rendered unfit to pro- oi*™^^. " coed on her intended voyage, while ITnited in any port of the United Kingdom, Kingdom, or after tho commencement of the P-'i^f engei-s T -o ., to be pro- voyage, and if the passengers, or any ^i^i^^ ^vith of them, shall bo brought back to a p;issage tho United Kingdom, or if any pas- ''-V ^"™® sengor ship shall put into any port °*'^'", ^^^ or place in the United Kingdom in a maintained iathe , _,. meantime, ihese powers are now trans- feiTcd to the Board of Trade, 3o & 36 Vict. c. 73. s. 7. I PART XI.-rASSEN0ER3. 87i Chap. IV.] Stat utahk provisions for the irrotcction of passmrjers. [Sect. VI. {a) If the passengers or cubin passengers of any " passenger ship" shall be taken oif from any such ''passenger ship" or shall damaged state, tlio master, cliar- tcrer, or owner sliall, witliiu forty- eight liours thereafter, give to the nearest emigration officer, or in the absence of such officer to the chief officer of customs, a written under- taking to the following effect ; that is to say, if the ship shall haye been wrecked, or rendered unfit as afore- said to proceed on her voyage, that the owmer, charterer, or master thereof shall embark and convey the passengers in some other eligible ship, to sail within six weeks from the date thereof, to the port or place for which their passages respectively had been previously taken ; and if the ship shall have put into port in a damaged state, then that she shall bo made seaworthy, and fit in all respects for her intended voyage, and shall, within six weeks from the date of such undertaking, sail again with her passengers ; in either of the above cases the owner, charterer, or master shall, until the passengers proceed on their voyage, either lodge and maintain them on board in the same manner as if they were at sea, or pay to them subsistence money after the rate of one shilling and sixpence a day for each statute adult, unless the passengers shall be main- tained in any hulk or establishment under the superintendence of the emigi-ation commissioners mentioned in the said Passengers Act, 1855, in which case the subsistence money shall be paid to the emigration officer at such port or place. If the sub- stituted ship or damaged ship, as the case may be, shall not sail within the time prescribed as aforesaid, or if default shall be made in any of the requirements of this section, such passengers respcctivolj', or any emi- gration officer on their behalf, shall bo entitled to recover, by summary process, as in the said Passenger Act, 1855, is mentioned, all monies which shall have been paid by or on account of such passengers or any of them for such passage, from the party to whom or on whose account the same may have been paid, or from the owner, charterer, or master of such ship, or any of them, at the option of such passenger or emigration officer : Provided that the said emi- gration officer may, if ho shall think it necessary, direct that the passen- gers shall be removed from such damaged ' ' passenger ship" at the ex- pense of the master thereof; and if after such direction any passenger shall refuse to leave such ship, he shall be liable to a penalty not ex- ceeding forty shillings, or to im- prisonment not exceeding one calen- dar month. (rt) By 26 & 27 Yict. c. 51, s. 15, If any passenger or cabin jjassenger of any passenger ship shall, without any neglect or defavilt of his own, find himself within any colonial or foreign port or place other than that for which the ship was originally bound, or at which he or the emigra- tion commissioners, or any public officer or other person on his behalf, may have contracted that ho should land, it shall be lawful for the go- vernor of such colony, or for any person authorized by him for the purpose, or for Iler Majesty's con- sular officer at such foreign port or place, as the case may be, to forward such passenger to his intended des- tination, unless the master of such ship shall, within forty-eight hours 3 L Power to remove passengers from damaged ship ; Penalty on passengers refusing. Governors or consuls may send on jias-sengers if the master of the ship fail to do so. 87 r> TAET XI.— rASSENGEES. Chap. IY.] Statutallo provisions for the ^^rolection of pnsspngns. [Sect. YI. be picked up at sea from anj' boat, raft, or otherwise, it shall be Expenses incurred umlcr the two preceedinj; sections to be a debt due to the crown. (a.)X.n.— l.If more passengers were re«;ued than for- wardo I, or if >)cdding, 4c., was not supplied, alter the certificate to suit the facta of the caxe. of the arrival of such passenger, giye to the governoy, or consular officer, as the case may bo, a writteu under- taking to forward or carry on, within six weeks thereafter, such passenger or cabin passenger to his original destination, and luiless such master shall according!}- forward or carry him on within that period. And by liG & 27 Vict. c. 51, s. 16, All expenses incurred under the last jiroceding section or under the fifty- second section of " The Passengers Act, ISuJ," or cither of them, by or by the authoritj' of such Secretary of State, governor, or consular officer, or other person, as therein respec- tively rnentioned, including the cost of maintaining the i^assengers until forwarded to their destination, and of all necessarj' bedding, provisions, and stores, shall become a debt to llcr Majesty and Iler successors from the owner, charterer, and master of such ship, and shall be recoverable from them, or from any one or more of them, at the suit and for the use of ller Majesty, in like manner as in the case of other Crown debts ; and a certificate in the form in Schedule (A.)* hereto annexed, or as near • SCHEDULE (A). Form of Oovernor^s or ConsuVs Cer- tificate of Expenditure in the Case of Passengers shipwreched, &c. I hereby certify, that, acting under and in conformity with the provisions of the British "Passengers Act, 1855," and of the "Passengers Act Amend- ment Act, 186.'}," I have defrayed the expcn.«e8 incurred in rescuing, main- taining, .supplying with necessary bedding, provisions, and stores {a), and in forwarding to their destina- tion passengers [including thereto as the circumstances of the case will admit, purporting to be under the hand of any such Secre- tary of State, governor, or consular officer (as the case may be), stating the total amount of such expenses, shall in auj^ suit or other proceeding for the recovery of such debt be re- ceived in evidence without proof of the handwriting or of the official character of such Secretary of State, governor, or consular officer, and shall be deemed sufficient evidence of the amount of such expenses, and that the same were duly incurred, nor shall it bo necessary to adduce on behalf of Her Majesty any other evidence in support of the claim, but judgment shall pass for the Crown, with costs of suit, unless the defen- dant shall specially plead and duly prove that such certificate is false or fraudulent, or shall specially plead and prove any facts showing that such expenses were not duly in- curred under the provisions of this Act, and of the said "Passengers Act, 1855," or cither of them: Provided cabin jiassengers (&)], who were proceeding from to in the jiassenger ship , which was wrecked at sea, &c. (c). And I further certify, for the jDur- poscs of the tenth section of the said " Passengers Amendment Act, 1863," that the total amount of such ex- penses is pounds, and that such expenses were duly inciuTed by mo under the said Acts or one of them. Given under my Hand, this day of 18 . f Governor of, &c. (or as ) the case maybe,) Ilcr \ I'ritanuic "Majesty's { Consul at (^'.)N.B.- 2. Omit words in lirackcts when necessar} ((•) N.B.- 3. State gencrallj tlie natu of tlie di aster am where i1 occurred lUit if f l)as.seng( were on h ft belli i without default their ov I .state th I faclacC' ingly- PART XL— PASSENGERS. 877 Chap. IV.] Statuiobh lYrovimns for the inotcxHon of passengers. [Sect. VI. lawful, if the port or place to which they shall be conveyed shall Secretary of be in the United lungdom, for one of Her Majesty's principal pay ex*n.se"7f Secretaries of State, or if in any of Her Majesty's colonial posses- t^i^inj,' off „ , ^ . ^ passengci-s at sions, tor the Lrovernor of such colony, or for any person sea (c). authorized by him for the purpose, or if in any foreign country, for Her Majesty's consular oflicer, at such port or place therein, to defray all or any part of the expenses thereby incurred (e). No policy of assurance effected in respect of any passages, insurance of or of any passage or compensation monies, by any r)erson bv P^'^^^se money ' . . ' J J L J not to be void this Act made liable, in the events aforesaid, to provide such o^ account of , , . . . „ , the nature of passages or to pay sucii monies, or m respect of any other the risk, risk under this Act, shall be deemed to be invalid by reason of the nature of the risk or interest sought to be covered by such policy of assurance (/). If any passenger in any ship, whether a " passenger ship " or Penalty on otherwise, shall be landed at any port or place other than the '^'''^g^'^^y port or place at which he may have contracted to land, unless passengers, with his previous consent, or unless such landing shall be rendered necessary b.y perils of the sea, or other unavoidable accident, the master shall for each offence be liable to a penalty not excegdinf^ fifty pounds nor less than ten pounds sterling {g). Every passenger ma" passenger ship " shall be entitled for at Passengers to least forty-eight hours next after his arrival at the end of his foVS"houre "^ voyage, to sleep in the ship, and to be provided for and maintained '"^^^^^ ''»'""val. on board thereof, in the same manner as during the voyao-e, unless nevertheless, that in no case shall of this limitation of the debt • but if n any larger sum bo recovered on ac- any such jiassengers are forwarded forwarded count of such expenses than a sum or convej-cd to their intended dosti- ^y governor, equal to twice the total amount of nation under the provisions of tho *^'.' ""^^ passage money received or duo to last preceding section, they shall not rcturn'l)f ° and recoverable by or on account of bo entitled to the return of theii- passage money. the owner, charterer, or master of passage monej', or to any compen- such passenger ship, or any of them, sation for loss of passage under tho for or in resi^ect of the whole number provisions of the said "Passengers of passengers and cabin ])ussengers Act, 1855." who may have embarked in such (e) 18 & 19 Yict. c. 119, s. 52. ship, which total amount of passage See ante, p. 875, n. (a). money shall bo proved by tho de- (/) Ibid., s. oo. fendant, if he will have the advantage (//) Ibid., s. 56. 3 L 2 878 TAliT XI.— PASSENGEES. Chap. IV.] Stafulahle j^rm'isions for ihe proicctmi ef passengers. [Sect. YII. withiii tliat period the ship shall quit such port or place in the further prosecution of her voyage. In case of noncompliance ^Yith ail)' of the requu'ements of this section, the master shall for PcnAitv. each offence he liahle to a penalty not exceeding five pounds sterling {h). Passengers Notliing herein contained shall take away or ahridge any right prcscned' ""^ ^^ action which may accrue to any passenger in any ship, or to any other person, in respect of the hreach or nonperformance of any contract made or entered into hetwecn or on behalf of any such passenger or other person, and the master, charterer, or owner of any such ship, or his or their agent, or any passage broker (i). Sect. 7. Miscellaneous jprovisions. „ „ . It shall be lawful for Her Majesty, by any Order in Council (Jc), Her Majesty may, by Orders to prescribe sucli rules and regulations as to Her Majesty may in Council, n f ^ n ^^ • /il J. • i \ prescribe rules secm fit, for tlic lollowmg purposes ; (that is to say,) forpuriK)8es ^^t. For preserving order, promothig health,, and securing deecribcd. • cleanliness and ventilation on board of ''passenger ships " j-u'oceeding from the United Kingdom to any port or place in Her Majesty's possessions abroad. 2iid. For permittmg the use on board of "passenger ships " of an apparatus for distilling water, and for defining m such case tlie quantity of fresh water to be carried in tanks or casks for the passengers. 3rd. For prohibitmg emigration from any port or ports at any time when choleraic or any epidemic disease may be generally prevalent in the United Kingdom or any part thereof, or for reducing the luunber of passengers aUowed to be carried in " passenger ships " generally, or from any particular polls under the provisions of this Act. 4th. For requiring duly qualified medical practitioners to be (h) 18 & 19 Vict c. 119, s. 61. under this section,' Appendix, Nos. (i) Ibid., 8. 58. 22—28. {k) See Orders in Council made PART XI.— PASSENGERS. 879 Chap. IV.] Statiilaljle jirovisions for t/w prokction ofjmssenf/ers. [j^ect. VII, carried in " passenger ships " in cases where they would not be required to be carried under the provisions of tliis Act. Any such Order in Council may from time to time in like manner Gazette and copies printed be altered, amended, and revoked, as occasion may requu-e. Any by Quet^n's copy of such Order in Council contained in the London Gazette, evidence V*^ or purporting to be in'inted by the Queen's printer, shall throughout Orders, &c. Her Majesty's dominions be received in all legal proceedmgs as good and sufficient evidence of the making and contents of any such Order in Council (a). In every such "passenger ship " the medical practitioner on Surgeon or iiin.stxjr to cx3.ct board, aided by the master thereof, or, in the absence of such obedience to medical practitioner, the master of such ship, is hereby empowered re^yiatrn to exact obedience to all rules and regulations which may be l^rescribed by any such Order in Council to be observed on board passenger ships as aforesaid ; and any person on board who shall penalty on neglect or refuse to obey any such rule or regulation, or who '"'^^^'^i- shall obstruct the medical practitioner or master of such ship in the execution of any duty imposed upon him by any such rule or regulation, or who shall offend against any of the provisions of this Act, or who shall be guilty of riotous or insubordinate conduct, shall be liable for each offence to a penalty not exceeding two pounds sterling, and, in addition thereto, to be confined in the common gaol for any period not exceeding one month, at the discretion of the justices who shall adjudicate on the com- plaint (b). The said emigration commissioners shall from time to time Emigration prepare such abstracts as they may think proper of the whole or ^ prejjare an any pai-t of this Act, and of any such Order in Council as afore- ''^''^j*'^* °^ °:^^ said ; and four copies of such abstracts, together with a copy of Council. this Act, shall, on demand, be supplied by the principal officer of customs at the port of clearance to the master of every "passenger ship " proceeding from the United Kingdom to any port or place in Her Majesty's possessions abroad ; and such master shall, on (rt) 18 & 19 Vict. c. 119, 9. 59. and 13th Maj', 18o9. Appendix. See Orders iu Council issued for this {!>) Ibid., s. GO. purpose, and dated Gth !May, 1857, 880 TAET XT.— PASSENGEES. Chap. IV.] Staiutahic provisions for the protect ion of passengers. [Sect. VII. rcmlty on Ki i-t<.T for t request made to hiin, produce a copy of this Act to any passenger ' on board, for his perusal, and, further, shall post, previous to the embarkation of the passengers, and sliall keep posted so long as any passenger shall be entitled to remain in the ship, in at least two consi^icuous places between the decks on Avhich passengers may be cai-ried, copies of such abstracts ; and such master shall be liable to a penalty not exceeding forty shillings sterling for every day during any part of which by his act or default such » i>ersons abstracts shall fail to be so posted ; and any person displacing or Ix^ defacing such abstracts so posted shall be liable to a penalty not exceeding forty shillings sterlmg (c). If in any "passenger ship" any person shall during the Y03'age, directly or indirectly, sell or cause to be sold any spirits or strong waters to any passenger, he shall be liable for every such oifence to a penalty not exceeding twenty pounds nor less than five pomids sterling {d). Before any ** passenger ship " shall clear out or proceed to sea, the master, together with the owner or charterer of the ship, or, in tlie event of the absence of such owner or charterer, or if the master be the owner or charterer, one other good and sufficient person, to be approved by the chief officer of customs at the port of cleai'ance, shall enter into a joint and several bond (e), in the .*\ile of .siurit.s pruhibitcd on board passenger renaltv. I*, n 1 to be ..■■■■A by l;..i-:':rs of l'.nt;>h ann ami ether l>Assengers. rcn.ilty for inducing any one to i>art with contract ticket. induce any person to engage a passage in any ship, the person so oftending shall for each offence be liahle to a penalty not exceeding t\vonty pounds nor less than five pounds sterling (k). Every person whatever, except the said emigration commis- sioners and persons acting for them and under their direct authority, ^^llO shall receive money from any person for or in respect of a passage in any ship, or of a cabin passage in any " passenger ship " proceeding from the United Kingdom to an}' place out of Europe, and not being -within the Mediterranean Sea, shall give to the person paying sucli money a contract ticket, signed by the owner, charterer, or master of the ship or " passenger ship " (as the case may be) in which the passage is to be provided, or by some i^erson in their or his name, and on their or his behalf : such contract ticket shall be made out in plain and legible characters on a prmted form, which in the case of cabin passengers shall be according to the form contamed in schedule (K.) {1} hereto annexed, and in the case of all other pas- sengers in the form contained in schedule (L.) {m) hereto annexed, or according to such other form as in either case may from time to time be prescribed by the said emigration commissioners in any notice issued under their hands, or the hands of any two of them, and published in the London Gazette : and any directions con- tained on the face of such form of contract ticket shall be obeyed in the same manner as if herein set forth. In case of non- compliance with any of the requirements of this section, or of any of the du^ections on such form of contract ticket not incon- sistent with this Act, the person so offending shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling : provided always, that such contract tickets shall not be liable to any stamp duty (n). Any person Avho shall alter or cause to be altered after it is once issued, or shall induce any person to part with, render useless, or destroy any such contract ticket, during the continuance of the contract which it is intended to evidence (except in the (k) 1S& 19 Vict. c. 119, s. 70. (/) Infra, p. 801. (m) Infra, p. 895. ('//) Ibid., s. 71. PAirr XI.— PASSENGERS. 883 Chap. IV.] Sldtiitahk provisions for Ow. protection of pasfiengers. [Sect. VII. case of cabin passengers who may liave consented thereto), sliall be hable in each case to a penalty not exceeding twenty pounds sterling {m). Any question which may arise respecting the breach or non- Summary performance of any of the stipulations in any such contract ticket breach of ma}', at the option of any passenger or cabin passenger interested ^°'^*'''^*=*" therein, be heard and determined in a summary way b}' the justices of the peace, magistrates, sheriffs, or other officers herein- after authorized to adjudicate on oftences and complaints under the Act, Avho are hereby authorized to try such questions, and if they shall find that a breach of contract has been committed, to award to the complainant such damages and costs as they may think fit, not exceeding in any case the amount of the passage money specified in such contract ticket and twenty pounds ; and if such damages and costs be not at once paid, payment thereof shall thereupon be enforced, in the same manner and by the same processes as the pajTiient of subsistence money, or the return of passage money, may be enforced under this Act : provided that if any passenger shall have obtained compensation or redress, under any of the other provisions of this Act, he shall not be entitled to sue under this section for damages for the same matter or cause of complaint (»). If any cabin or other passenger shall, on demand of any Penalty on emigration officer, refuse or omit to produce his contract ticket, pai^sengei-s and or if any owner, charterer, or master of a ship shall on like °° ni-^^*^^' **-'• '' ' ' ... omitting to demand refuse or omit to produce to any emigration officer in the produce United Kingdom the counterpart of any contract ticket issued by tickets, them, or on their behalf, for the inspection of such emigration officer, and for the purposes of this Act, every person so offending against the requirements of this section shall for each offence be liable summarily to a penalty not exceeding ten pounds (o). (Hi) 18 & 19 Vict. c. 119, s. 72. (o) Ibid., s. 74. (h) Ibid., s. 73. 884 PAET XI.— PASSENGERS. Cbap. IV.] Stat utahJe provmons for the 'protection of passengers. [Skct. Vlil. Sect. 8. Voyages from the Colonics. G^lonLilvoyages And ^Yhel•eas it is expedient to provide in certain cases for the dofiui-vi. carriage of passengers by sea from Her Majesty's possessions abroad : Be it therefore enacted as follo^YS : For the purposes of this Act the term " colonial voyage " shall signify any voyage from anv place withm any of such possessions (except the terri- tories under the government of the East India Company and the island of Hong Kong) to any place whatever, where the distance between such places shall exceed four hundred miles, or the duration of the voyage, to be prescribed as hereinafter mentioned, shall exceed three days {a). This Act to 'I'his Act shall apply, so far as the same is applicable, to all coioniar*' ships carrying passengers on any such ** colonial voyage," except voyages, except ^^ ^^^^.j^ ^^^^^ ^^ ^Y\q Act as relate to the following matters ; OS relates to •»• matters herein (([^^^^ \^ to sav,) named. ' , . . ,. 1. To passage brokers aiul then- licences : 2. To passengers contract tickets : 3. To emigrant runners : 4. To the giving bond to Her Majesty : 5. To the keeping on board a copy of this Act : 6. To Orders in Council regulating emigration from the United Kingdom, or prescribing rules ft)r promoting health, cleanliness, order, and ventilation : If any colonial Provided tliiit if the prescribed duration of any " colonial voyage " UunThr^e '^'^ be Icss than three weeks, then, in addition to the matters lastly woek.M, ii.i-f hereinbefore excepted, the provisions of this Act shall not extend act not to i. ' i. apply to or api)!}'', so far as they relate to the following subjects ; ifnbje<.-t8 herein named. (namely,) The constniction or thickness of the decks : The berths and berthing : The height between decks : Privies : {n) 18 v) 18 & 19 Yict. c. 110, s. 96. (c) Ibid., s. 97. 880 TAET XL— PASSENGERS. Chap. IY.] Statutable provisions for the protection of passengers. [Sect. VIII. Provision for survey of shijis in the Colonic::, and for appointing surgeons thereto. Power to the Governor General of Intlia in Council, liy any Act to be jxisseil for that pur|>ose, to adoj.t this Act for India, and to make rules respecting food, pa-sscngcrs. Burgeons, &c., and to dcckre in what manner penalties, &c. may l»c sued for and recovered. It sliiill bo lawful for the governors of any such possessions respectively to authorize such person or persons as they may think iit to make the like survey and examination of '* passenger ships" saiHng from such possessions resijectively as is hereinbefore requii'ed to be made by two or more competent surveyors in respect of ** passenger ships " sailing from the United Kingdom, and also to authorize in such cases, as to such governors may seem proper, any competent person to act as medical practi- tioner on board any " passenger ship " proceeding on a " colonial voyage " (f?). This Act shall not ai)ply to any of the territories or places inider the government of the East India Company : it shall, however, be lawful for the Governor-General of India in Council, from time to time, by any Act or Acts to be passed for that pur- pose, to declare that this Act, or any part thereof, shall apply to the carriage of passengers upon any voyage from any ports or places within such territories, to be specified in such Act or Acts, to any other j^laces whatsoever, to be also specified in such Act or Acts ; and also in like manner to authorize the substitution, as respects such voyages, of other articles of food and provisions for tliose hereinbefore enumerated ; and to declare the rule of computation by which the length of any such voyage shall be estimated ; and to determine the persons or ofiicers who in such territories shall be entitled to exercise or perform the pow-ers, functions, or duties hereinbefore given to or imposed upon the emigration officers and officers of customs in the United Kingdom ; and to authorize the employment on board any ship of a medical practitioner duly qualified b}^ law to practise as a physician, surgeon, or apothecary within such territories ; and to declare for the pui'poses of this Act the space necessary for passengers, and the age at which two children shall be considered equal to one statute adult, in ships that may clear out from any port or place within such territories ; and also to declare in what manner, and before what authorities, and by what form of proceedings, the penalties imposed and the sums of money made recoverable by {d) 18 & 10 Vict. c. 119, P. 98. PART XI.-PASSENGEES. 887 Chap. IV.] SlalutahU provisions for tlie protection of passengers. [Sect. IX. this Act shall be sued for and recovered withm such territories, and to what uses such penalties shall be applied : and on the passing of such Indian Act or Acts, and whilst the same shall remain in force, all such parts of this Act as shall be adopted therein shall apply to and extend to the carriage of passengers upon such voyages as in the said Indian Act or Acts shall be specified. The provisions of such Indian Act shall be enforced Indian Act in all Her INIajesty's possessions in like manner as the pro^dsions ^rce!rin°t'ho of this Act may be enforced : every such Indian Act shall be colonies in like manner as this subject to disallowance and repeal, and shall m the same manner Act. be transmitted to England, to be laid before both Houses of Parliament, as in the case of any other law made by the Governor- General in Council (<')♦ Sect. 9. Voyages to the United Kingdom. The master of every ship bringing passengers into the United List of Kingdom from any place out of Europe, and not within the |'^i,Tii^ into Mediterranean Sea, shall, within twenty-four hours after arrival, \^!^ t^mted ' ' •' Kingdom to bo deliver to the emigration officer or his assistant, or in theii' absence delivered by ^ tllG lllistd* ot to the chief officer of customs at the port of arrival, a correct the ship to the list, signed by such master, and specifj-ing the names, ages, and 0^^!^^*'°'^ callings of all the passengers embarked, and also the port or Penalty for ports at which they respectively may have embarked, and showing ^^^"^ ' wliicli, if any of them, may have died, with the supposed cause births and «-,,■■ -1 .-, 1 -p iin deaths at sea of death, or been born on the voyage ; and it any master shall to be made to fail so to deliver such list, or if the same shall be wilfully fitlse, g^'dS'*™'^ he shall, on conviction, as hereinbefore mentioned, be liable to a penalty not exceeding lifty pounds. Such emigration or customs officer shall, upon receipt of such list, transmit the particulars respecting any passenger named therein who may have died, with the supposed cause of death, or been born on the voyage, to the Eegistrar- General of Births, Deaths, and Marriages, who shall file {r) 18 & 19 Vict. c. 110, s. 99. 8S8 TAET XI.— PASSEKGEES. Chap. IV.] Slafiilahh'proi'isiofis/or the p'otection of passengers. [Sect. IX. 6 & 7 v.*. i. c. So. Penalty on masters for having' on boanl a greater numl>er of jjcrsons th.m prescrilHhl by sci-tion 1 4. of this Act, FroriBions and water to be Issued to ]>a8scngcrs lirought into the United Kingdom the hauie as in fthips carrj-iiig ]>a8!iengcn from tlie United Kingdom. Penalty for .I'l.-i-.li. the same, and enter a cop}- thereof under his hand in the "Marine Register book," -which entry shall be dealt with and be of the same value as evidence as any other entry made in such book under the provisions of an Act passed in the session of Parliament held in the sixth and seventh years of the reign of Her j)resent ^lajesty, intituled " An Act for registering Bu'ths, Deaths, and ^Marriages in England " {a). If any ship bringing passengers into the United Kingdom from any place out of Europe shall have on board a greater number of passengers or persons than in the proportions respectivel}^ pre- scribed in the fourteenth section {!)) of this Act for ships carrving passengers from tlie United Kingdom, the master of such ship shall be liable, on such conviction as lierembefore mentioned, to a penalty not exceeding ten pounds nor less than five pounds for each such person or statute adult constituting an}^ such excess (c). The master of every passenger ship bringing passengers into the United Kingdom from any place out of Euroj)e shall make to eadi statute adult during the voyage, including the time of detention, if any, at any port or place before the termination thereof, issues of pure water and of good and wholesome provi- sions in a sweet condition, in quantities not less in amount than is prescribed in the thirty-fifth section {d) of this Act fur pas- sengers proceeding from the United Kingdom ; and in case of non-compliance with any of the requirements of this section the master of such ship shall, on such conviction as hereinbefore mentioned, be liable for each offence to a penalty not exceeding lifty pounds {e). {a) 18 & 19 Vict. c. 110, s. 100. \h) Ante, pp. 848—850. (c) 18 & 19 Vict. c. 119, s. 101. ('/) Ante, p. 865. (c) 18 & 19 Vict. 0. 119, s. 102. PART XI.-rASSENGEES. 889 Chap. IV.] Sfatufcihle provisions /&}• the p-otectt'on of passengers. [?kct. x. Sect. 10. Schedules to the Passengers Act, 1855. The schedules to this Act shall be deemed to be part of this Schedules to .,,,,, be i)nrt of tLc Act, and all the directions therein contained shall be duly Act. followed and enforced, under a penalty not exceeding ten pounds on the person failing to obey the same respectively (/). SCHEDULES TO WHICH 18 & 19 VICT. c. 119 REFEES. SCHEDULE (A.) Form of Certificate exempting a Mail Steamer from the provisions of the British Passengers Act, 1855. X.B. — This certificate must be produced, on demand, to the emigration officer or his assistant, or if there be no such officer to the chief officer of customs at the port of clearance or port of departure, by the master of any steam vessel clauuing exemption from the Passengers Act, otherwise the exemption will not be allowed. This is to certify that the steam vessel of (") Omit this 7 / \ ^ -I • word if tons, registered {a) tonnage, belonging to the inapidicable in port of , is duly authorized to carry mails under a Joixi*^^ ^Lel. contract with the government of (b) between (h) (b) insert here T /I \ 1 • the name of and {h) , and is ^j^^ state. (/) 18 & 19 Vict. c. 119, s. 103. 890 TAPxT Xr.— PAPSEXGERS. Chap, IV.] Statuiahle provimns for the protection of ^msscngers. [Sched. a. therefore exempt iVoin the operations of the " Passengers Act, 1855," from the date hereof to the clay of 18 . Given under my hand at , this dav of 18 . (Signature). Postmaster-General of the United Kingdom or his dcputii (or Governor or Post- master-General, d-c, of [name the colony or foreign ^ state^ as the case may he). British Consul's Certificate in the case of a foreign steam vessel. The above signature is to the best of my belief the signature of the [here insert the title of the officer signing the 'preceding certificate] , the officer duly authorized by tlie government of to grant the same. (Signature)^ Her Britannic Majesty's Con- sul-General, Consul, or Vice- Consul of {(IS the case may he). PART XL -PASSENGERS. 891 Chap. IV.] Statutable provisions for the protection of passemjers. [Schkd. li. SCHEDULE (B.) FouM OF Passengers' List. SI lip's Name. Master's Name. Ton.s per Ilc''istcr. Aggregate Number of Superficial Feet in the several ('ompart- ments set apart for Passengers other than Cabin Passsengers. Total Number of Statute Adults, exclu- sive of Master, Crew, and Cabin Passengers, which the Ship can legally carry. Whore bound. I hereby certify, That tlie Provisions actually laden on board this Ship suliicient, according to the Requirements of the Passengers Act, for Statute Atlults for a Voyage of Days. (Signature) Master. Date 185 Na:\ies AND Descriptions of Passengemis {g). N.B. — Cabin passengers must also he included, Sect. 5, 25 <6 26 Vict., c. 51. Ports of Em- barka- tion. Names of Passen- Age of each Adult of 1 2 Years and upwards. Married. Single. Children between 1 and 12 years. Infants. Male Female Male Female Male Female Male Female Profes- State sion, whe- Occu- ther pation, Eng- or lish, Calling Scotch, of PilS- or senger. Irish. Port at which Passen- gers have con- tracted to land. Summary. Number of Souls. Equal to Statute Adults. English. Scotch. Irish. Total. Adults Children between 1 and 12 Infants ..... Total .... We hereby certify, That tlie above is a correct List of the Names and De.scriptions of all the Passengers who emljarked at the Port of (Signed) Master. Eniigration Officer. (Countersigned) Officer of Customs at, . Date N.B. — Lines should be ruled in the same Form for any Additions to the List after the Shrpjimt clears out ; and similar Certificates be subjoined to such Addi- tions, according to the Eei^uiremtnts of the Act. ( PART XI.— PASSENGERS. Chap. IV.] Stafxifahh provisions for the protection of passengers. [Sched. C. * Insert licre tlie l-liristian aiul !>urn:uaes iu full, with f ejich of the two £5000. where owner an. C. the said Act imposed, and whether the same may have been sued for and recovered or not,) all and every the requirements of the said Passengers Act, 1855, (except such of thein as relate exclusively to passage brokers and runners) and of the emigration commissioners acting in the manner prescribed by the said Act, and of any order passed by Her Majesty in Council relatmg to " passenger ships '" and now in force, shall in all respects be well and tiiily performed* [and if the master for the time being of the * '^'^'^ clause • 1 1 • 1 11 1 • 1 • ic • 1-1 • • to be inserted said ship sliall submit himseh, in like manner as a British subject only in the being the master of a British passenger ship, to the jurisdiction f^Jei^^^ of the tribunals in Majesty's possessions abroad, P^-ssenger sliip / proceeding to empowered by the said Act to adjudicate on offences committed any of the against the said Act,] and if moreover all penalties, fines, and Colonies. forfeitures which the master of such shij) may be adjudged to j^ay for or in respect of the breach or nonfulfilment of any of such requirements as aforesaid shall be well and truly paid, and if all expenses incurred by the secretary of state or any governor or British consular officer under the provisions of this Act shall also be well and truly paid, then this obligation to be void, otherwise to remain in full force and virtue. Signed, sealed, and delivered by the above-bounden and in the presence off ^ j^..^ names and addresses t [I hereby certify, that the above bond was duly signed, witnesses, sealed, and delivered according to the law of Great Britain by + Certificate to 1-1 r ^ ■ 1 ^ ■ ^^ signed by the said master ol tJie said sliip the chief and by the said {nthrr ohVu,or)l ^^Z^^ ^„., r Chief officer of cus- f^^'ledwith I the bond to < toms (Signature) -^ toms for the port the colony, 1 ,. according to I <->! s. 64 of the (Date) . 185 . ^<=*- 3 M i s\u TAUT XL— PA^SSENGEES. Cu.ip. TV.] Sfaftifahle pi-ortsions for tlip protecfmi of passpngers. [Sched. K. 3 2? 3. rf OK E-3 2— — o- > ii ^ E i ^ ■5,.ti S o 2 SSg.^.S^.S& 5-5 > C t 5; ci, « ^ J 5 " -V5^ - - - « = o « *^ ^-^ v„ o « C :3 ^•-S,« i 5 Ca d^' Jfo-^^u'o'^ a S Ml_ ir oS a a^-c 0:3-= U H = — ■= -^ rt c S:5 -=S ■" i e- ^ -S M S 5 .S ; 5 -" 3 i^ ^ ■d >>hp » rt 3 ] o s o S o "- 5- a 3 0) .■a " --3 .. ._'3 ?n >- '^ ^ -3 « .ii ^ ■/.; o -1-S .- H m - .S 3 "a r- B t, 5- o „ .-3«2 a £ 3 i^ 4^ 1 _g. ■a 1 cj C u d g «^ 02-° . 'S, 'S 10 > g I- 2 H I. H I- - o^ - n a -^ fi^ 2 o -2 •=; 3 a: o c vk ■•^ *.~ "o 3 c ?: I'iJ c =5 5;v tc P '-' -5 .- S m O ^ i-i n.aT3-e •Sc--S 2 5 >=^ o ^- C I. " c - rt 9= B-3 9>" eS?; JxlJ^ & j b' 3 "2 "5 £ -g ^ — S^ be S . •*H *C Ph o J, o ' °i = ?! 2^ >. i J3 P s 3 ? P3 so—' 2 =2 § if.: i-a ^» o _ bl — 57 ^►J 5-" 3 S c b'-a to^ "2 y o t. a P^" ^ p:^.= c = 2 ^ ^= 2 = =="-o.B £5 Sf 2-3 .s ^ a -d oiJ S bo-B £22 c» l-S- B a g "^ 5 ^ » o " •; -J " -d , S « 0^ B ^ i ° =«-2_: >^ a a c !" B o cs .- i.Sa2?o^3? .a £ « " S ;-2 2 H 50 2 >'< .2 = *" 2 O B i: . M a g - _,; -■= gi"*^' B "d ©•*• B 1- ^ - X ♦J J ■s § 1 ^ Children 12 Ye;vrs and under. 3 o>< 'J 3 1 la EH 1 P5 f5 PART XT.— PASSENGEKS. 895 Chap. IV.] Slidutable 2)rovi)iions far the protection of pciH^mf/ns. [Scuki>. SCHEDULE (L,) Ship Counterpart of Passenger's Contract Ticket. Tiii.s Part of the Contract 'I'icket is to be scpar.itid from tlie oth(T. and to he delivered by tlic Pa.^senger to tlio Eui ignition officer at tlic Port of Knibark.itinn, (or, if no sucli OHicer, to the Otlicer of Custoni.s,) or to any one appoiiiteii by him to ncoivo it, under a Penalty not exceeding £10. Contract Ticket. I engage that the Pei-sons nieiilioncd below shall be ]ir()vided with a Steerage l'a.ssageto and be landed .at the Port of in in the Ship _ of Tons with not less than Ten Cubic Feet for Luggage for each Statute Adult, and t-hall be vietuallod during the whole Voy.ige according to the Dietary Scale presci-ibed by i.aw. The Ship to receive hi'r Passengers at '. on the Day of 1S5— . Passage Money, including Government Dues, if any, and all Charges of Landing, JC Souls, equal to* Statute Adults. To bo signed in" full by the Party issuing the Ticket. , Insert Xunibcr of Souls and of Statute Adults re- spectively. Passenger's CoNTRAcr Ticket, These directions, and the " Notices to Pa.ssen- gers " Ijclow, form Part of, and must appear on, each Contract Ticket. 1. A Contract Ticket in this Fonn mu.st be given to every Pa.ssenger engaging a Pxs.HaKe fn^m the United Kingdom to any Place out of Europe, and not being within the Mediterranean Sea. •J. The Victualling .S(\'ile for the Voyage nuttt bo printed in the IJody of the Ticket. :{. All the Blanks must be correctly filled in, and the Ticket must be legiblv signed with the Chri:.j. or that Scale modified by the Introduction of .Articlefi authorized by the Act to be substituted for Oatmeal, Rice, and Potatoes. ] (N.B.— If Mess Utensils and Bedding are to be provided by the Ship, the Stipulation must bo inserted here.] Signature in fidl Place and Date __^ [If signed by a Broker or Agent, state oa whose Behalf.} Deposit k Baliinco £_ ^ to bo paid at_ Total £ ___ NOTICKS TO Passengeks. 1. If P.issengcrs, through no Delault of their own, are not received on bo:ird on the Day named in their Contract Tickets, or fail to obtain a Passage in the Ship, they .sliouhl apply to the Gnvornment Kniii;ration Officer at the Port, who will as.sist them in obfciining Kedrc-is under the Passengers .\ct. •2. Passengers should carefully keep this Part of their Contract Ticket till after the End of tlie Voyage. N.B.- This Contract Ticket is exempt from Stanqi Duty. CHAPTER V. Penalties on persons forcinj way on board ; or refusing to quit the ship. Pfrnaltj on avoi'ling payment of fares. PENALTIES OX DRUNKEN OR DISORDERLY PASSENGERS ON A PASSENGER STEAMER. The follo^Yillg pro^'isions have been enacted for the purpose of enforcing proper behaviour and discix)line among passengers in a passenger steamer. Misco)idiict 1)1/ passengers in steamers. The following oifenders, that is to sa^^, (1.) Any person who, after having been refused admission into any steamer 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, and 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 requested 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 request ; Shall for each such offence incur a iicnalty not exceeding forty shillings, to be paid to the said owner [a). The following offenders, that is to sa}', (1.) Any i)erson who travels or attempts to travel in an}' passenger steamci- wliidi has been duh' surve_yed in confonnity with tlic provisions of this Act, without {cc infra, ri. (A). TART XT.— PASSENGEES. 897 Chap. V.] Misrainliirl hji }K(sseu(J('rs hi siddUWiS. liaving previously paid his fare, and with intent to avoid payment thereof; and (2.) Any person who, liaving paid his fare for a certain dis- tance, knowingly and wilfidly proceeds in any sucli steamer heyond such distance, witliout previously paying tlie additional fare for the additional distance, and with intent to avoid payment thereof; and (3.) Any person who knowingly and wiliully refuses (jr neglects, on arriving at the point to which he has paid his fare, to quit any such steamer ; Shall for every such offence incur a penalty not exceeding five shillings, in addition to tlie fare jiiiyable by him, such penalty to be payable to the owner of such steamer (/;). Every person who, having committed any of the offences nien- Penalty o» tioned in the two last preceding sections or either of them, Jefuskig to refuses on application of the master of the ship or of anv other s'^^ then- , , name and person in the employ of the owner thereof to give his name and address. address, or who on such application gives a false n^me or address, shall incur a penalty not exceeding twenty pounds, to be paid to the said owner (c). The master of any home-trade passenger steam ship may Power to refuse to receive on board thereof any person who by reason of remove"^ drunkenness or otherwise is in such a state, or misconducts i^s^engers wlio are drunk or himself in such a manner, as to cause annoyance to other misconduct , , • <• 1 • , -, themselves.. passengers on board, or it such person is on board, may put him on shore at any convenient place ; and no person so refused admittance or put on shore shall be entitled to the retui'n of any fare he may have paid {d ). Offences on passenger steamers^ The following offenders, that is to say, (1.) Any person who, being dnmken or disorderly, has been on Penalties on that account refused admission into any didy surveyed disorderly' (/.) 17 & 18 Vict. c. 104, s. 323. saiy to give thorn. pa^engci-s. Sections 322 aud 323 are repealed by (c) 17 & 18 Vict. c. 10-1, s, 324. 25 & 26 Vict. c. ()3, s. 2. But as (d) Ibid., s. 32o. sect. 324 ib not repealed, it ia ucces- 898 TAirr XL— PASSENGERS. Chap. V.] Mifcondnd hj passmgers in sfemners. Od iK'n^>ns molesting passengers. rciialtics on IK-Tsons forcing way on liuird the ship when full. AnED upon tub Regulations . .961 Chapter VIII. — Duties of Master in case of Collision . . 991 Sect. 1. — His duties to his own wlii]) . . 991 „ 2. — His duties to the injured ship . 991 PART XTT.-COLLISIONS. 903 CiiAi'. I.] LuihiUhi of mnfifers and owners for damafjp hi/ rolUfion. ('HAPTEll I. I.IABITJTY OF MASTF.nS AND OWNF.ItS FOR DA^^A^■F, V.Y COIJilSIOX. OxK important part of the duty of tlio niastci', wlicn tlie navi- Ma.ster's duty pii ^ ■ ■ 11-1 1 i ^ l^ ^ a.s to avoiding ^"ation oi tlic shi}) is uiidfr his charge, and not uihIit tlie charge collisions, of a pilot, is to conduct it in sucli a manner as to avoid collision Avitli any other ship. The master is bound to take all such precautions, as a man of ordinary prudence and skill, exercising a reasonable foresight, Avould use to avert danger and to prevent his ship doing damage to others in the circumstances, in which he may happen to be placed {a). And even when the master's ship is acting as a salvor, if she causes damage to the salved ship by the master's negligence, or gross want of proper navigation, the shii^owner, master and salving ship are liable for the damage thus caused {h). Kegiilaticms have been established by Statutes and Orders in Council for the purpose of preventing collisions at sea. The}' are given herein in subsequent chapters (c). All owners and masters are bound to carefully observe and obey these regulations {d). If any of them are neglected by masters and crews, and damage is occasioned by such neglect, the owners and master will usually be liable for such damage (e). In every case of collision, in which it is practicable so to do, Collisions to i.e the master shall immediately after the occurrence cause a state- ^f^dl\ lo". naent thereof, and of the circumstances under wliich the same occurred, to be entered in the official log-book (if any), such entry to be signed by tlie master, and also by the mate ov one of {(,) The WiUlam Limhaij, 'if) L. T. ('/) 2o & 2G Vict. c. G;3, s. 27 ; N. S. 35"). inf., chap. vi. sect. 1. [h) The C, S. BiitUr,luV..A \([m. (^ Miuule & Tollock, 448: The. 1.S3. VoUud, 1 W. Rob. ;jN7 ; The Clam, ((•) Inf., chii]'. vi. Swab. 'i. U04 PART XII.-COLLISIONS. Chap. I.] Lixhility of masters and owtwsfor damage bij collision. Liability of iiuLster. Remeily in tVjurt of Ailmiraltv. While action ii Itcnding at Common Law. W-hen jmlg- ment ih rcni in a l^r. the orow. ami in default shall incur a penalty not exceeding twenty poumls (/(). A master is liable to owners and to third persons also for damage resulting from a collision caused by the negligence or misconduct of such master (i). Ho may be sued eitlier in a court of conmion law or in the Court of Admiralty {k). It is open to any person, who has suffered damage by a col- lision, either to sue the owners and master of the ship, which caused the injury, for compensation, in a court of common law ; or to avail himself of his lien on the ship, which he asserts has injured him, and to sue in the Court of Admiralty (/). Proceedings in the Court of Admiralty against the ship in default aiford, in some respects, a better remedy, in cases of col- lision, than an action at law. The Court of Admiralty has the power of proceeding in rem, that is, against the ship itself, and of arresting both English and foreign ships. Such Court may also, where both ships have been to blame, apportion the damages between them, and ui)on questions of fact, which require skill and experience in navigation, such Court can obtain the assist- ance of the Trinity Masters (m). While an action is pending at common law, the Court of Ad- miraltv will not allow a suit based on precisely the same grounds (»)• ^^^ where the plaintiff has obtained a judgment in an action at Comujoii T.aw, and is unable to obtain the results of that jmlf^ment, owing to the insolvency of the defendants or otherwise, he may afterwards avail himself of proceedings in rem in the Court of Admiralty {v). And a judgment in rem in the Court of Admiralty is no bar to subsequent ))roceedings in a court of coiiimon law, unless the (A) 17 & 18 Vict. c. 104, s. 328. (i") Maude & Pollock'.s Shipping, 459. (/.-) Ibid., 4.j»; The Volant, 1 W. Eob. .387. '■/ /'t Dr. Lushiiigtoii, 77/' ./(Jiu (fc Mar//, Swab. 473. (m) Maudo & Pollock, 4G6. (n) The John ,\t Mary, Swab. 471; The L'ci/f/. PART XTT.— COLIJRTONS. 905 Chap. I.] Liahilitji of masters and owners for damage bi/ collision. proceeds of the sliip are at least equal to the amount of damage suffered (o). In cases of collision, the owners of the ship seekin}^' to recover Burden of damage by collision, must make out tliat the party, against wlicnn they complain, is in the wrong. The burden of proof lies in all cases upon the persons seeking to recover, and they must establish that the loss was attributable to the fault of the party sued (/;). When there is a reasonable doubt as to which party is to blame, the loss must be sustained by the party on whom it has fallen (7). But in case any damage to person or property ensues from Breaches of the non-observance by any ship of any regulation made by or in i^^]y ^.iijui pursuance of this Act (r), such damage shall be deemed to have I \ / ' ^ri person 111 default of person been occasioned by the wilful default of the person in charge of charge. the deck of such shij) at the time, unless it is shown to the satis- faction of the Court that the circumstances of the case made a departure from the regulation necessary (s). And if in any case of collision, it is proved to the Court before Li.nbility for which the case is tried, that any of the regulations (t) for pre- of regulations venting collision contained in or made under the Merchant Ship- ^"i^^]^^"^ ping Acts, 1854 to 1873, has been infringed, the ship by which such regulation has been infringed sliall be deemed to be in fault, unless it is shown to the satisfaction of the Court that the cir- cumstances of the case made departure from the regulation necessaiT (n). In every case of collision between two vessels it sliall be the Duties of ■ . , r \ 1 -r ^ ma-sters in case duty of the master or person m charge 01 each vessel, 11 and so ^f collision. far as he can do so without danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascer- tained that she has no need of further assistance, and to render to the other vessel, her master, crew, arul passengers (if any), (0) NelsoiiY. Couch, ya T.. J. C. P. (7) The Cathpriue of Dover, 2 Ilagg. 47. 1m any danger caused by the collision ; and '"^""''' also to give to the master or person in charge of the other vessel the name of his own vessel, and of her port of registry, or of the port or place to -which she belongs, and also the names of the ports and places from which and to which she is bound (,r). //' he fails so to do, and no rcasonahle cause for such failure is shown, the collision shall, in the absence of x)roof to the contrary , he deemed to have been caused hy Jtis 'wrongful act, neglect, or default (.r). Every master or person in charge of a British vessel who fails, without reasonable cause, to render such assistance or give such information as aforesaid, shall be deemed guilty of a misde- meanor, and if he is a certificated officer, an inquiry into his conduct may be held, and his certificate may be cancelled or suspended (.r). Tlie want of an adequate look-out, at the time of a collision, on board a ship at sea, is a culpable neglect on her part, which will prima facie render her responsible for injuries received from her (y). If through the negligence or misconduct of those on board a shij), another shij) either receives or does damage, the owners of the wrong-doing ship are liable for the damage, even though there was no collision between the two ships (z). Tims, in one case, the JUue Bell, coming up the channel to Hartlepool on a dark morning, was compelled suddenly to port lier helm by reason of the Industry being discovered across the fair way of the channel without any light exhi})ited. In conse- (pu-nce of tliis manoeuvre, the Blue Bell took the ground, and though her anchor was let go, dragged it and drove against the town wall of Plartlepool, and suffered damage. It was held in (x) 36 & 37 Vict. c. 85, 8. 16. Jur. 783 ; 'The Urania, Swab. 2.j3 ; {y) The Emily, Olcott, 132 ; The The FynenCord, Swab. 375 ; The. Ti, (liana, 1 Abb. 330 (American); Z>i«na, 4 Moo. P. C. 11. I'ritchard Adm. Dig. I. 143; The (z) The Indmtrie, L. E. 3 Adin. City of London, Swab. 300 ; T},e 303. (iforfip, '.) Jur. 670 ; The Mfllona, 1 1 PART XT!.— COTJ.ISIONS. 907 Chap. I.] Liability of masters and owners fw dmnage hy collisions. the Court of Admiralty that the owners of the Blue Bell were Which ship entitled to recover compensation for the damages sustained {a). iiLble! ^^^ If a shii? becomes unmanageable by the negligence of her crew, and while so unmanageable, comes into collision with another ship, the former ship is liable for the damage so occasioned {b). If a ship in motion comes into collision with one, which is at anchor, the ship, which was in motion, is prima facie supposed to have been to blame, and it is for her to excuse herself, by proving facts which show inevitable accident, or a like defence (c). When a collision has taken place, the presumption is, that the accruing damage was caused b}' the collision, and if the parties proceeded against assert that such accruing damage and expenses were not caused by the collision, it is for them to make out such allegation by evidence ((/). Where a master and crew are bound by statute to obey the wiieie ship directions of a harbour master, and a collision is occasioned by authorities^of the ship being conducted according to the harbour master's ^'°^^- directions, the ship is not liable (e). If a master is ordered by the authorities of a port, in which his ship lies, to take up a berth in a particular part of the harbour, there is no obligation upon him to examine the sufficiency of a buoy, to which he moors his ship in that part, even although that buoy belongs to a private company, if the port authorities sanction the use of such buoy and treat it as a proper and sufficient mooring place for ships frequenting the port (/). But the master ought not implicitly to trust to that, which he cannot to a certainty know is a safe buoy, and he ought to take reasonable precautions, in the event of its not holding him, to bring up and to secure himself from danger ; as, for instance, by keeping his anchor prepared to be lot go (_/'). If, through the insufficiency of such buoy, the ship parts from (a) The Industrie, L. E. 3 Adin. 290. 303. ('0 The Lindn, 30 L. T. 234 ; {h) Seecomhey. Jl'ood, 2 Moo. & R. Swab. 307. 290. (e) Tlie Bilbao, Lush. 149. (c) The Annapolis, o L. T. N. S. (/) Tlie William Lindsay, -liiL.T. 320 ; The Ueorqe Ariclc, o L. T. N. S. N. S. 35 J. 3 N 1)08 TART XII.— COLLISIONS, Chap. I.] Liahiliff/ of masters and onmnsfor damage by cnllhlom^. her iiiooi'ing's, and (.'luises (l:niuig{% and if the master had taken, as ubi)ve mentioned, sueh otlier i-easonable precautions as would be suflicient under ordinary cii-eumstances to meet th(! exigencies of tlie case, neither the master nor the shipowner' is liable for the damage so caused (/). Liability of The superior officer of a Queen's ship is not responsible for yueou's s]iii>.<. damage caused by the act of an officer under his command, but appointed by the same authorit}^ as himself ((/). In cases of loss or damage caused by vessels of the Crown, the legal responsibility rests with the actual wrongdoer, and the in- jured party must seek redress from the person, who immediately causes the injury (r/). The commanders of Queen's ships have, however, in some cases, been condemned in causes of damage, where the collision has appeared to be the result of negligence in the management of their ships, although there was no direct personal interference on their ])art (//). S'.iii-s in t..w. In the case of ships in tow of tug steamers, it appears to be clear, that, when no directions are given by the ship in tow, the rule is, that the tug shall direct the course. The tug is the mov- ing power, but it is under the control of the master or pilot on board the ship in tow (/). In cases, where a ship is being towed by a tug, the tug is bound to use proper skill and diligence, and is liable for any damage by her wrongful act. AVlien the contract to tow is made, the law implies an engagement, that each vessel will perform its part in comi)leting it ; — that proper skill and diligence will be used on board each ; — and that neither vessel by neglect or misconduct will create unnecessary risk to the other, or increase any risk which ma}' be incidental to the service undertaken. If, in the (/) The William Lindmy, 2!) L. T. & Pollock, 460. N. S. 355. {h) The Volcano, 2 W. Eob. 337 ; [fj) Nicholson v. Moinisf-i/, 15 East, 77te Birkenhead, 3 W. Rob. 75. 384 ; Storj' on Agency, sects, 319, {i) Per Sir Barnes Peacock, >Sviith 321, .322; //'/// v. Smith, 2 Bing. v. St. Laiurence, &c.,Jj. R. 5 P. C. loH; The Mentor, 1 0. Rob, 179; 313. TheAihol, 1 W. Rob. 3M ; Maude I^ART XIL— COLLISIONS. 909 Chap. I.] LiahilihJ ofiriasUrs and oivmrs for damage hy collisions. course of the performance of the contract, any inevitable aCcideiit Ships in tow; happens to the one without default on the part of the other, no cause of action will arise. If, on the other hand, the wi'ongful act of either occasions damage to the other, sitch ^<•rfcfngful act will create a responsibility in the party comrriitting it, if the suf- ferer has not by any misconduct or linskilfiilriess on his part contributed to the accident (^). (Ic) Per Lord Eingsdown, The Jiliid, Lush. 23l ; Smith v. St. Laivrence, . . •► ./ . ^ i. thij. that has sucli ship is found in any port or river of the United Kingdom or damage. ^vithin tln-ee miles of the coast thereof, it shall he lawful for the judge of any Coui-t of Kecord in the United Knigdom, or for the judge of the High Court of Admiralty, or in Scotland the Court of Session, or the sheriff of tlie county within whose jurisdiction such ship may he, upon its being shown to him by any person applying sunnnarily that such injury was probably caused by the misconduct or want of skill of the master or mariners of such ship, to i.ssue an order directed to any officer of customs or other officer named by sucli judge, requiring him to detain such ship until such time as the owner, master, or consignee thereof has made satisfaction in respect of such injury, or has given security, to be approved by the judge, to abide the event of any action, suit, or otlier legal proceeding that may be instituted in respect of such injury, and to pay all costs and damages tliat may be awarded tliereon ; and any officer of customs or other officer to whom sucli order is directed shall detain such ship accordingly (cZ) . Tower in In any case where it appears that before any application can be \l .letHinhlp made under the foregoing section such foreign ship will have iKtore apiilica- dppj^i^ed bevoud the hmits therein mentioned, it shall be lawful ti"in made to >■ •' judge. f(ji- any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British consular officer, to detain such ship until such time as will allow such application to be made and the result thereof to bo communicated to him ; and no such officer shall be liable for any costs or damages in respect of such detention unless the same is proved to have been made Avithout reasonable grounds (e). VTho to )f. In any action, suit, or other proceeding in relation to such I'uit'iilru.h" injiiiT» ^^'^ person so giving security as aforesaid shall be made «**<*• defendant or defender, and shall be stated to be the owner of the ship that has occasioned such damage ; and the production of the order of the judge made in relation to such security shall be con- (>l) 17 & 18 Vict. c. 104, s. 527. (<") Ibid., s, j28. TART XII.— COLLISIONS, 'Ml Chap. IV,] in the Court of Admiraltij. [Sect. I. elusive evidence of the liability of such defendant or defender to such action, suit, or other pi'ocoeding (/). Foreigners who have been injured by a British ship on the high Foreigners, seas, and the representatives of foreigners who have been killed by a British ship on the high seas may sue for compensation for those injuries in the Court of Admiralty (r/). Proceedings to recover compensation in the Court of Admiralty for damage caused by a collision may be either, 1. By an action in rem, or, 2. By proceedings in personam. 1. By an action in rem. The usual mode of proceeding in a case of collision in the Ad- Tlie maritime . . lien for miralty Court, is by an action in rem, founded upon a maritmie damage by lien, which damage imposes upon the ship, which occasioned the ^^ damage, and upon her freight. It seems, that this lien will attach, where the damage is occasioned by the negligent management of the ship, although at the time of the collision, she may not have been under the immediate control of the owners or master (/«). This lien attaches to the ship and all her appui'tenances (/<) ; to To what it . attaches, the freight which has actually accrued due (i) ; and to subsequent accretions in the value of the ship, aiising from repairs done after the period when the damage was occasioned, when such repair's were done by the owner at his own expense {k). But, where the repairs have been effected by a stranger, upon the security of a bond of bottomry, the case seems to be different (A) . But, where a wrong-doing vessel was ai'rested in a cause of collision, and Avas afterwards repau-ed and her value materially increased by the repairs, it was held, that she was only liable to (/) 17 & 18 Vict. c. 104, s. 529. The St. OUtf, L. E. 2 Adm. 360. [g) The Explorer, L. II. 3 Adm. (<) The Dtichesse tie Brabant, Syrab. 289 ; The Quldface, L. R. 2 Adm. 264 ; The Leo, Lush. 444 ; The Twe- 325.' eliff, L. R. 2 Adm. 363 ; The Flora, (/i) Williams & Bruce's Adm. L. R. 1 Adm. 47 ; The Orpheus, L. Pract. 64, 6J ; The Aline, 1 W. Rob. R. o Adm. 308. Ill; The Alexander, 1 Dods. 282; (A) The Aline, 1 W. Rob. 120. 918 PART XIL— COLLISIONS. Chap. IV.] What remedies owners of injured ships have [Sect. I. To wjnt the tlio oxtoiit of liev value at the time when she was arrested, and maritime lien \ •{ ^ • . . /i\ for diunage hrcuglit luto court (/). attaches. j^^^^ where the ship was under charter-party as to both her outward and liomeward cargo, and came into colHsion with another ship whilst on the outward voyage, it was hehl, that the freight for the h(nne\vard voyage, when it had accrued due, was liable to arrest for the damage [m). This Hen does not attach to the cargo laden on board at the time of collision. Such cargo cannot be sued for damage, even altliough it belongs to the shipowner, but it may be arrested for unpaid freight. Where it is arrested, it will be released on pay- ment of the freight due into court, even though the cargo belongs to the owner of the ship {n). And where at the time of the collision the ship had a cargo on board, which belonged to the shipowner, and at the time of the arrest, a portion only of such cargo remained on board, the court refused to release the remainder of the cargo, until the freight npiiu the whole cargo was paid into court (o). A phiintiff in a cause of collision suing ship and freight may always arrest the cargo for freight, and if freight be not due, will not therefore incur costs and damages. On affidavit by the ship- owner or master that no freight is due, and that he is ready to cai-ry the cargo on to its destination, the shipowner is entitled to have the cargo released (p). This lien attaches to the ship and freight at the moment when llie damage is occasioned (5). It travels with the property, into wlujsocver possession such property may come. When it is earned into effect by actual legal process, it relates back to the l)eriod when it first attached. If enforced with reasonable dili- (/) Tli>: St. (Maf, L. E. 2 Adm. 2 Adm. 363; The Flora, L. E. 1 360. Adm. 47. (//i) 'J'ln: Orpheus, L. E. 3 Adm. (0) The Eoccliff, L. E. 2 Adm. 3()H. Ji63. (n) The Duchessede Brabant, Swab. (/>) The Flora, L. R. 1 Adm. 45. 264; The Vv:tor, Lush. 72; The {q) The Orpheus, L. E. 3 Adm. Lw, Lubh. 444 ; The lloediff, L. E. 30b. PART XII.-COLLISIONS. 919 Chap. IV.] in the Court of AdmiraUi/. l-^"-'^'^- ^■ gence, it will even hold good against the claun of a bona fide Wi^at i-rece-^^ purchaser, who purchased without notice, after a collision (r). for dunuige It takes precedence of liens ex contractu, and absorbs, in the event of the property proving insufficient to meet all demands, the liens of wages, towage, pilotage, and bottomry (.s). The person entitled to the lien may, however, lose his remedy as against the rights of third parties, if he is guilty of improper delay or laches, in enforcing such lien (t). The remedy afForded by proceeding's in rem cannot extend beyond the property proceeded against. "SVliere the o^vners do not appear, the decree must be confined to the ship and freight, and where the owners do appear, they cannot be made responsible, except for costs, beyond the value of the ship and freight {u). 2. By proceedings in personam. But. besides the proceedings in rem, redress for injuries arising rroceedings /• A 1 • 1 1 against owners from collision may be obtained in the Court of Adnuralty by pro- oi- master ceedings in personam, against the owners or master, and in cases i'^^"^""^ i'- where the ship is lost, or for some other cause cannot be arrested, a suit in personam is the only available process and remedy. A defendant in a suit in personam is liable to the full extent of the damage done {x). The Merchant Shipping Act Amendment Act, 1862, following out a principle which had been laid down by previous Acts, Im- poses by the following provisions a limit to the liability of ship- owners in cases of damage ; — (r) "Williams & Bruce Adm. Pract. detigh, 7 Moo. P. C. 267 ; The Charles 65; TheOriefswahl,S^ah.-i'3o; The Amelvt, L. E. 2 Adm. 334; The Nymph, Swab. 86; The Bold Buc- Chief tain, ^t. &.!,. 'IVl. efeiu/h, 3 W. Rob. 220 ; 7 Moo. P. C. {u) Williams & liruco Adm. Tract. 267; The Charles Amelia, Ij. E. 2 67; The John J)n„n, I W. Roh. lo[); Adm. 333 ; The Mellona, 3 W. Rob. The Victor, Lush. 72 ; The Volant, 1 21 _ W. Rob. 38S; The Wild Banger, Br. (s) Williams & Bruce Adm. Pract. & L- 84. 66; The Linda Flor, 4 Jur. N. S. (x) Williams & Bruce Adm. Pract. 172; The Aline, I ^Y. Boh. 119. 67; The Volant, 1 W. R )b. 383; {t) The Eiiropa, Br. & L. 85); 2 The Clara, Swab. 3; see The Zephin; Moo. P. C. N. S. 1 ; The Bold Bm- U L. T. N. S. 351. 920 PART XIL— COLLISIONS. Chap. IV.] W/iaf remedies owners of injured ships have [Sect. I. Shijiowners' liabilitr liuiit«vl. The owners o{ any ship, whether British or foreign, shall not, in cases where all or any of the following events occui' without their actual fault or privity (i/), that is to say, (1.) "Where any loss of life or personal injury is caused to any person being carried in such ship ; (2.) "Where any damage or loss is caused to any goods, mer- chandise, or other things whatsoever on hoard any such ship ; (3.) "Where any loss of life or personal hijury is by reason of the improper navigation of such ship as aforesaid caused to any person carried in any other ship or boat ; (4.) "Where any loss or damage is by reason of the improper navigation of such ship as aforesaid ciiused to any other ship or boat, or to any goods, merchandise, or other things whatsoever on board any other ship or boat ; he answerable in damages in respect of loss of life or personal injury, either alone or together with loss or damage to ships, boats, goods, merchandise, or other things, to an aggregate amount exceeding fifteen pounds for each ton of their ship's ton- nage, nor in resjiect of loss or damage to ships, goods, merchan- dise, or other things, whether there be in addition loss of life or personal injury or not, to an aggregate amount exceeding eight pounds for each toil of the ship's tonnage ; such tonnage to be the registered tonnage in the case of sailing ships, and in the case of steam ships the gross tonnage without reduc-tion on account of engine room : In the case of any foreign shi}) which has been or can be measured according to British law, the tonnage as ascertained by such measurement shall, for the puiposes of this section, be deemed to be the tonnage of f?uch sliip: In the case of any foreign shij) wliich has not been and cannot be measured under British law, tlic Surveyor General of tonnage in tlic I iiitod Kingdom, and the chief measuring officer in any Bi'itish possession aljroad, sliall, om receiving fi'om or ])y direction (jj) Th> Oh,,/, Ti. 1{. 1 Mm. lO'j ; Thr S,,ir!t <,J 1l,i- (kan,, Br. & L. :i;J6. PAV.T Xll.-COLLIRIONS. 921 Chap. IV.] in the Court of Admiralty. [Sect. II. of the court hearing the case such evidence concerninf< the diiuen- Shipowners' ^ 1 r . • , 1 . , . lialnlity sions of tiic sliip as it may be found practicable to iui'insli, give Hiuited. a certificate under his hand, stating what would in his opinion have been the tonnage of such ship if she had been duly measured according to British law, and the tonnage so stated in such certi- ficate shall, ioY the purposes of this section, be deemed to be the tonnage of such ship {£). Sect. 2. The j)yin('iples upon, wliicli the court regulates the rltjht to compensation. Tlie principles, upon which the Admii'alty Coiirt proceeds, in regulating the right to compensation for dama;ges arising from collisions, differ in some important respects froni those, which are acted upon in the coitrts of common law. The four chief rules, which guide the Admiralty Court in these The rules. cases, have been laid down by Lord Stowell in the follo^\ing terms (a) : — " There are four possibilities, under which an accident of this sort maj' occur. " //t the first pilace, it may happen without blame being imputable to either party, as where the loss is occasioned by a storm, or any other vis major. In that case, the misfortune must be borne by the party, on whom it happens to light, the other not being re- sponsible to him in any degree. ^'Secondh/, a misfortune of this kind may arise where both parties are to blatne, — Avhere there has been a want of due diligence or of skill on both sides. In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. " Thirdlji, it may happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer must bear his own burden. (,~) 25 & 26 Vict. c. 63, s. 54. [a) The U'undrop Sims, 2 Dods. 85. 922 TART XII.— COLLISIONS. Chap. IV.] W/iat rpmrdies mcncrs of injured ships have [Sect. II. The prinoiiilea "Lastly, it may have been tlie fault of the ship^^ which ran the Court n^giihvtes otliei" (lown ; and in this case the injured party woukl be entitled the right to ^^^ ^^ entire compensation from the other." coupeiisation. ^ "With reference to tlie first rule it may be observed, that the more happenmg of a collision, without more, is no evidence of negligence on the part of the ship sued, and that in order to fix such ship with the loss, it is necessary for the party suing to give evidence of the absence of reasonable care and maritime sldll on tlie part of the crew of the ship sued (?>). "NVTiere a reasonable doubt exists as to the cause of the collision, the coiu't will regard it as the result of accident, and dismiss the suit (<■). And where cross actions are brought to recover damage, which was occasioned by inevitable accident, both actions will be dismissed (d). The second rule is founded upon the principle, which from ancient times has been applied in the Admiralty Court, that damage occasioned by a common fault shall be considered a connnon loss (e). If the owner of one ship brmg an action against the owner of another ship for damage by colUsion, and both ships be found to blame, the party proceeding recovers only a moiety of his damage. If there is a cross action, and both ships are to blame, the damages are equally di\ided, each paity recovering half his own loss, and each pai-ty beaiing his own costs (/). Although the fault (Hi one side may be greater than the fault on tlie other, still this rule is applied by the court, as it is said that (h) The Catherine of Dover, 2'Ragg. 154 ; The Bolina, 2 W. Rob. 205; 3 No. Ca. 208 ; The Mary Stewart, 2 W. liob. 244 ; Hammack v. Wliitc, '.'A L. J. C. P. 129; Scott v. London Dock Co., 34 L. J. Ex. 220. (c) The Catherine of Dover, 2 Hagg. 154. (d) The Shannon, 1 W. Rob. 163; The Ebenezer, 2 W. Rob. 20G ; The Itinerant, 2 W. Rob. 236. (0 The Lima, \ Jur. N. S. 117; The Tmmarjanda, 8 Moo. P. C. 75 ; The Aurora, Lush. 327 ; The Serin- (japatarn, 5 No. Ca. 60 ; 21ie Celt, 3 Hagg. 328 n. ; Williams & Bruce, 72. (/) The Milan, Lush. 398; The Aijra, 16 W. R. 735 ; The Sajqiho, 9 Jur. 560 ; The Arthur Gordon, Lush. 270 ; The A urura. Lush. 327 ; The S'wanland, 2 Spinks, 107 ; The Serin- (/ap(it(cm, 5 No. of Ca. (JiJ ; The Fi/e- ncard, Swab. 375. PART Xir.— COLLISIONS. 923 Chap. IV.] in the Court of Admirnlty. [Sect. II. the Court of Admiralty cannot apportion the damages according Tlie principles to the quantum of ncgh'ct on the one side and the other (r/). Court' regulates If a vessel in tow during a thick fog, knowing that it is danger- *'"^ right to *^ o' o o compensation. ous to proceed, does not order the tug to stop, and the vessel in consequence runs aground, tlie vessel in tow contributes to tlie accident {h). Where both ships are to blame, it is the general rule that each party should be left to pay liis own costs (i). As to the third rule, it is decided, that where the plaintiff is alone to blame for the collision, the court will generally dismiss the petition with costs {k). (.'/) Williams & Brueo, 72. "Strict justice would pay, that the burthen of making good the loss should f;ill upon the two delinquents in propor- tion to their delinquency, but in practice the proportion is impossible to be ascertained." Per Dr. Lush- ington, Tlie Milan, Lush. 401. Mr. Rothery, the learned Registrar of the Court of Admiralty, in his able defence of the Rule of the Ad- miralty Court, 1S73, p. 4, thus ex- jiktins the working of this rule : — If A and B arc the owners of two ships, worth respectively £10,000 and £50,000, and the ships come into oollisipted by many nations. See The Conso- lato del Mare, Pardessus, vol. i. 174; The Laws of Oleron, Pardossus, vol. i. 334 ; Les Us et Coutumes de la Mer, 1671 (Ordonnances, 50 & 70); The Black Book of the Admiralty, edited by Twiss, 1871, Art. 15, p. lOS; Les Coutumes Maritimes d'Amsterdam, Arts. 12, 13, & 14, Pardessus, vol. i. 412. It was introduced into France by the laws of Oleron ; into Germany and the Northern States by the Or- donnances of Wisbuy ; into Spain by the Siete Partidas ; into England by the Black Book of the Admiralty 5 and into the Low Countries by the Jugcments de Damme and the Cou- tumes Muritimes d'Amsterdam. This law is now administered by the three most important maritime powers— England, the L^nitcd States, and Prance, and by all other mari- time countries. Rotherj', p. 22. [Ii) Smithy. The St. Lawrence, A-c., L. R. 5 P. C. 308. (/) "Williams & Bruce, Adm. Pract. 73. (A) The l.i.jo. 2 IIagg..30O ; Wil- 3 o !i-J| PAET XII.— COLLISIONS. Chap. FV.] What retmdies mcners of injured ships have [Sect. II. The principles AMiere tlio crow of the shi]) sued, although not to blame for the Coart re^Miiat^s collision, have been guilty of misconduct in neglecting to render the right to assistance to the suffering vessel after the collision, the court, compensation. ^ although it will of course order the petition to be dismissed, will eitlier refuse costs, or condemn the defendant in costs (l). "Where the plaintiff fails to establish his case, and the arrest of the ship is an act of mala fides, or of such gi'oss negligence as to lead the court to imply malice, the court will award damages to the defendant (/»). In cases falling withm the fouiiih and last rule, where the de- fendant is alone to blame, the general principle is, that the injured person is entitled, subject to the limitations imposed bj^ statute, to full compensation for all damage and loss occasioned by colli- sion, and to his costs {n) ; and that too even in cases, w^here the proceedings are against a Queen's ship (o). The Court of Admiralty may award full compensation for the damages, both direct and consequential, which have been sustained by a collision, subject of course to the statutable limitations of tlie liability of oAvners given above (j>). Thus, the loss of the benefit of an agreement, the performance of whicli lias been inteifered with by the collision, may be taken into account by the court {q). "Where the ship has been prevented by the collision from earn- ing freight, this will be taken into consideration in assessing the damage (?•). liams & Bruce, 74 ; The Catherine of (o) IT. M.S. Swallow, Swab. 32. Dover, 2 Hagg. 145. But see The Leda, 32 L. J. Adm. 58. {t) See 25 & 26 Vict. c. G3, s. 33; {j) 25 & 26 Vict. c. 63, s. 54; and 36 & 37 Vict. c. 85, s. 16, ante, supra, p. 920. p. 906 ; The (Jell, 3 Hagg. 328 ; The \q) See the judgment of Dr. Lush- Catalina, 2 Spinks, 23 ; "Williams & ington in The Matchless, 10 Jur. Bruce, 74. 1017 ; Tlie Betsij Caines, 2 Hagg. 28; (t/i) The Evanfjelumos, Swab. 379 ; The Yorhshireman, 2 Hagg. 30. The Peri, 32 L. J. Adm. 46. (r) The Betsy Caines, 2 Hagg. 28 ; (n) The Gazelle, 3 No. of Ca. 75 ; llie Yorhshireman, 2 Hagg. 30 ; The The Clyde, Swab. 24; JI.M.S. Svxtl- Canada, Liish. 586; The South Sea, hm. Swab. 32; The Matchless, 10 Swab. 141 ; Williams & Biiice, 81. Jiir. 1017 ; AVilliams it Bi-uce, 74. PART XTI.— COLLISIONS. 925 CuAP. IV.] in the Couri of Admiral/ !/. [Sect. III. Sect. 3. The principles^ upon iriiich the court proereiU in (innenHinj the amount of compensation. The prmciple, upon which the Court of Admiralty proceeds in General mle. assessing the amount of damages, is, that whenever damage has been done by one ship to another, the parties are to be restored into a state similar to that, in which they were before the acci- dent ; — that is to say, they are to have the full value of the pro- perty lost (a). Where the ship is only damaged, her owners are entitled to a complete repair of all the damage done, notwithstanding that the result may be to render the ship more valuable than she was prior to the collision {h). But such repairs only will be allowed as become necessary on account of the collision. After a collision, the master and crew of the injured vessel are "What will not bound to incur extraordinary risk of life by remauiing on ahamlomnent board (r). "^ ^^'^ ^'''i*- But it is the duty of the master and crew of a ship injured b}- collision to exercise ordinary care, nautical skill, and courage, in endeavouring to save their ship from total loss, and to do what a reasonable man would do under similar circumstances, where he had no other judgment but his own to resort to (d). "Where the vessel is injured, and there is an}' chance of bringing her safe to port, it is the duty of the owner and master to attempt to do so, provided the expense of salvage would not exceed the value of the ship and cargo {e). It is impossible for any court to say, witli any degree of cer- tainty, what are the precise circumstances, which would justify the abandonment of a ship after a collision. But, if there be any (a) The Clyde, Swab. 24 ; Williams (c) The Linda, Swab. 307. & Bruce, 77 ; The Gazelle, 2 W. Eob. \d) The Thnri»c/,a, 41 L. J. Adm. 281. 44 ; The Flying Fish, B. & L. 430 (b) The Padolns, Swab. 173; The (e) The Columlns, 3 W. Rob. 1) The South Sea, Swab. Ml. [p) The MMuuu, 3 AV. Bub. 13 ; 928 PART XII.— COLLISIONS. Chap. IV.] W/iof renieiNes oiniers of mjured skips have [Sect. III. Court a-ssesses the aiuouut cf v'OlUlKMl^iktiuU. Salvage. interest. The iirin.-iplc* the ongfinal value of the ship, the cost of the repairs was disallowed, and the amount to be paid as compensation was calculated thus : — the value of the ship immediatel}'^ before the collision was ascer- tained, and to this was added a sum representing interest from the time when the cargo would in ordmary course have been deHvered, and a sum equal to the cost incurred in raising and inspecting the wreck ; from the gross sum thus ascertained, the value of the wreck was deducted, and the remainder was declared to be the measure of damages in the action (s). "Where, in consequence of a collision, the crew of the injured vessel abandoned her mider reasonable apprehension of damage, and the crew of another ship afterwards brought the injured sliii) into port and earned salvage, it was held, that the amount paid for salvage might be recovered against the defendants" ship, which was found to blame for the coUision (t). The court will award interest on the amount recovered (w). In case of a total loss, if the ship is carr3-ing cargo, interest is allowed on tlie value of the sliij) and freiglit from the time when the ship would probably have reached her port of destmation. If the ship is not carrying cargo, it seems that interest is allowed from the date of the collision (a:). So also the court will allow interest on the monej- expended in re])airs from the date of payment (//). AVhere interest is due, it is payable in addition to the sum fixed by 25 & 26 Vict. c. G3, s, 54, as the maximum amount of damage recoverable ; for the interest is given by reason of the detention of payment, and not by way of damages (z). In cases of partial damage, compensation will be awarded by way of demurrage for the time, during which the ship is detained for necessary repairs and f(jr transacting business necessarily, con- nected witli the co]lisi(jn ; — for those gains, which in the ordinary Lush. Dcmarragc. («) The Empress Eugenie, 138. (0 The Linda, Swab. 300; The Lef/alns, Swab. 169; Williams & Bruce, 84. (j/) The South Sea, Swab. HI. («) Strafier v. Ilartlund, 5 N. R. 163. {y) The Jhhe, 2 W. Eob. 530. {z) The Amalia, 5 N. E. ICA ; Sim Lor V. IlarUaiul, o N. 11. 1(J3 ; Williams & Bruce, 81. TART XII.— COLLISIONS. 929 CiiAP. IV.] in the Court of Admirallij. [Skct. III. course of the employment of the ship, would have been made, and The principles which under the circumstances have been lost ; — and also lor the court assesses I ^1 jii* i*ji i'/\ the amount of expenses conscfiuent upon the detention ot tiie sJiip {(i). comijensation. But, in calculating the amount of demurrage and of compensation for the loss of freight, deduction must be made for such disburse- ments as would necessarily be incurred in earning it (A). (a) The Blade Frince, Lush. 573; Buenos Ayres, 25 L. T. N. S. 672. The Clarence, 3 W. Rob. 283; The {b) The Gazelle, 2 AV. Kob. 279; Inflexible, Swab, 200 ; The Citj of The Cauada, Lusb. 580. CHAPTER V. Sailing, &c. nilcs prior to 1S51. THE I.AW KELATING TO SAILING SHIPS, STEAM SHIPS, AND LIGHTS, PKIOR TO 25 AND 26 VICT. C. 63. The more the number of the merchant ships has increased, the greater has become the risk of collision, and the greater the necessity for regulations, which should govern the conduct of all ships of all countries, and lessen as much as possible the dangers of collision. In former times, numerous regulations were recognised and established by necessity and by general usage resulting therefrom, while others were enforced by statute, for the express purpose of preventing collision. Prior to the passing of the Merchant Shipping Act, 1854, cer- tain rules of sailing were recognised and enforced by our courts (a). So also certain general rides as to lights were enforced (h). In 1840, certain orders were issued by the Trinity House for the guidance of steam vessels (c). In 1854, these general iiiles as to sailing and steam ships, and as to lights, were practically superseded by the prc^visions coii- («) The Woodrop-Sims, 2 Dods. 87 ; I'he Girolamo, 3 Ilagg. 173 ; The Shannon, 3 Kagg. 174 ; The Jupiter, 3 Ilagg. 320 ; The Baron Holbery, 3 llagg. 215; The London Packet, 2 Notes of Cas. 501 ; '/ he Butavkr, i Nrjtes of Cas. 346 ; Tlie Harriet, 1 W. Kob. 185 ; The Hose, 2 W. Hob. 1 ; The Alexander TIV«e, 2 W. Kob. 65; The Speed, 2 W. Eob. 229; The James Watt, 2 W. Eob. 279; The Gazelle, 2 W. Hob. 517 ; Ilandysydc V. WiUon, 3 C. & P. 528; Vennally. (Jamer, 1 C. & M. 21 ; Sills y. llrvwn, 9 C. & P. GOl ; The Dumfries, Swab. 125 ; The Zolvcrein, Swab. 98 ; Tlie Mobile, Swab. 128; 'The Saxonia, Lush. 410; Jameson v. Drinhdd, 12 Moo. P. C. C. 148; Zugasiiv. Lamer, 12 Moo. P. C. C. 331 ; Williains v. O'utrh, 14 Moo. P. 0. C. 202. {b) The Victoria, 3 W. Eob. 49. (c) Maude and Pollock's Shi2>piiig, 450 ; The Friends, 1 W. Eob. 484 ; 'The Duke of Sussex, 1 W. Eob. 275 ; The Unity, Swab. 101 ; Tlie (kiu Steam, &c., Co., 4 Moo. P. C. C. 314 ; The Hope, 1 \V. Eob. 157. TART XII.— COLLISIONS. 1)31 CnAi>. v.] The laic as fo millnij ships, (kc. prior (o 26 ^ ^C Vict. c. G3. tained in sections 295 — 299 of the Meivlmnt Shipping Act, 17 k What re{,nii.i- 1 o ^r- A in< tioiis are now 18 Vict. C. 101. in force. These provisions of the Merchant Shipping Act were repealed by the second section of " The Merchant Sliipping Amendment Act, 1862," 25 & 26 Met. c. 63, and by the 25th section of the said Act, it was enacted, that certain reguhitions in the schedule thereto should come into operation, but that Her Majesty may from time to time, on the joint recommendation of the Admiralty and the Board of Trade, by Order in Comicil, annul or modify any of the said regulations, or make new regulations in addition thereto, or in substitution thereof. After the passing of this Act, a set of regulations differing slightly from the rules contained in the said schedide to the Act, was issued under an Order in Council dated the 9th Januaiy, 1863. Certain additions by way of explanation were afterwards made to two of the last-mentioned regulations by an Order in Council dated the 30th July, 1868. These regulations and additions are now in force. I will first give the sections of the 25 & 26 Yict. c. 63, relating to this subject, and the rules and regulations themselves, and then the decisions of the courts upon such of the regulations as have been the subject of judicial explanation or comment. provisions. CHAPTER VI. THE STATUTABLE PROVISIONS AND REGULATIONS NOW IN li'ORCE * FOR PREVEXTIXG COI-LISIONS AT SEA, WITH DIAGRAMS. Sect. 1. — The statutable pro- I Sect. 2. — The regulations and visions . . . !)32 | diagrams , . . 940 Sect. 1. Statutable provisiotis, Enactment of Regulations concerning Lights, Fog Signals^ and Sailing Rules in Schedule, Table (C.) The hUiiutabie Os auil uftcr tlic llrst day of June one tliousand eight liuudrcd and sixty-three, or such hiter day as may be fixed for the purpose l)y Order in Council, the Regulations con- tained in tlic Table marked (C.) in the Schedule hereto shall come into operation, and be of the same force as if they were enacted in the body of this Act ; but Her Ma- jesty may from time to time, on the joint recommendation of the Admiralty and the Boiiid of Trade, by Order in Coum-il, aDiuil or modify any of the said Regulations, or make new^ Regulations {a) in addition thereto or in substi- tution therefor ; and any alterations in or additions to such Retaliations made in manner aforesaid shall be of the same force as the Regulations in the said Schedule (h). Regulations to be published. 'J'lie Board of Trade shall cause the said Regulations, a.nd {(i) Seo the regulations now in tution of the existing liegulationa, force under an Order in Council of sujjra, \). fJIJl. 0th Jan. \m-i ; infra., sect. 2, p. !) 1 1 ; {h) 20 & 20 Vict. c. G:J, s. 2 J, and SCO the history of the subati- PAirr xn.-coLLisioNS. 933 Chap. VI.] ^S/cifutabk provisions and re(/nh(fiong now in f&rce. [^ect. I, any alterations therein or additions thereto hereafter to be The statutable ■^ provisions. made, to be printed, and shall furnish a copy thereot to any owner or master of a ship who applies for the same ; and production of the Gazette in which any Order in Council containing such Eegulations, or any alterations therein or additions thereto, is published, or of a copy of such Regu- lations, alterations, or additions, signed or purporting to be signed by one of the Secretaries or Assistant-Secretaries of the Board of Trade, or sealed or purporting to be sealed with the seal of the I5oard of Trade, shall Ije suthcient evidence of the due making and purport of such Regulations, alterations, or additions (c). Owners and Masters hound to oheij them. All owners and masters of ships shall be bound to take notice of all such Regulations as aforesaid, and shall, so long as the same continue in force, be bound to obey them, and to carry and exhibit no other lights and to use no other fog signals than such as are required by the said Regula- tions ; and in case of wilful default, the master, or the owner of the ship, if it appear that he was in such fault, shall, for each occasion upon which such Regulatioiis are infringed, be deemed to be guilty of a misdemeanor (d). As to how fjir Her Majesty's ships are bound by these regula- tions, it may be useful to state, that the Queen's Advocate, in the case of the Bnickcnholmc v. H.M.S. Supply, (12 L. T. N. S. 799 Adm.), stated, " that although those in charge of Her Majesty's ships were not bound in law by such regulations, instructions had nevertheless been issued to them, which were precisely in ac- cordance with the same." (c) 25 & -26 Vict. c. 03, s. 26. {'I) '2d & 12G Vict. c. 63, s. 27. 931 TART XTI. -COLLISIONS. CuAr. VI.] Slahitahh provisions and rcijtilrilinris noiv in force. [Skct. I. The sutiiUibie Breaches of RequJaiions to imply 'wilful Default of Person in charge. In case any damage to person or property arises from tlic non-observance by any ship of any Kegulation made by or in })uisuance of this Act, such damage shall be deemed to liave been occasioned by the wilful default of the person in charo-e of the deck of such ship at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the Regulation neces- sary (e). The effect of this 28th section is, that if the master of the ship ■was ill charge of the deck, and he was presumed under the section to be hi fault, the owners of the ship would be responsible for the damage accruing, and so it would be with regard to the mate, or any other person, who could be named as servant of tlie owner (/). Llahil'itij for infringement of Regulations in cases of Collision. The 29th sect, of 25 & 26 Vict. c. G3, is repealed by oG k 37 Vict. c. 85, s. 33, and it is now enacted, that if in any case of collision it is proved to the court before which tlie case is tried that any of the regulations for preventing col- lision contained in or made under the Merchant Shipping Acts, 1854 to 1873, has been infringed, the ship by which such rcfoilation has been infringed shall be deemed to be in fault, unless it is shown to the satisfaction of the court that the circumstances of the case made departure from the regulation necessary (g). Persons in command of ships must attend to the provisions of (c) 25 & 20 Vict. c. 6y, 8. 28. Eulo of tho Koad, 56. (/) Th- Hubert and Ann, Ilolt'« {'j) W& '.il Vict. c. 85, s. 17. PART XII.— COLLISIONS. 035 Chap. VI.] SlatulalU provisions and regulations ?iow in force. [Sect. I. the Act of Parliament (I.e. the liegulations or Articles), for if The statutable , provisions. they do not, and tlieir sliips are ever run down, they cannot recover compensation cither in the CNjurt of Admiralty, or in any Court whatever (//). In.^jection for enforcing Regulations. The following steps may be taken in order to enforce compliance with the said Regulations ; that is to say, (1.) The surveyors appointed under the Third Part of the Principal Act (^•), or such other persons as the Board of Trade may appoint for the purpose, may inspect any ships for the purpose of seeing that such ships are properly provided with lights and wdth the means of making fog signals in pur- suance of the said Regulations, and shall for that purpose have the powers given to Inspectors by the I4th section of the Principal Act : (2.) If any sucli surveyor or person finds that any ship is not provided, he shall give to the master or owner notice in writing, pointing out the defi- ciency, and also what is, in his opinion, requisite in order to remedy the same : (3.) Every notice so given shall be communicated in sucli manner as the Board of Trade may direct to the collector or collectors of Customs at any port or ports from which such ship may seek to clear, or at which her transire is to be obtained ; and no collector to whom such communication is made shall clear such ship outwards, or grant her a transire, or allow her to proceed to sea, without a certificate under the hand of one of the said (/() Per Dr. Lusliiiigton, The Mar- (/.) 17 & 18 Vict. c. 101. f/aret, Holt's Eiile of the Road, in. OSfi TAr.T XIL— rULLISIONS. Chap. VI.] Stat ntahU p'ovisions and regulations now in force. [Sect. I. The statutable siu'vcyors 01* otlier persoHS appointed by the Board of Trade as aforesaid, to the effect that the said ship is properly provided with lights and with the means of making fog signals in pursuance of the said Regulations {i). Rules for Harbours under Local Acts to continue in force. Aiiv rules concernius: tlie lio-hts or signals to be carried ])y vessels navigating the waters of any harbour, river, or other inland navigation, or concerning the steps for avoid- ing collision to be taken by such vessels, which have been or are hereafter made by or under the authority of any Local Act, shall continue and l)e of full force and effect, notwithstanding anything in this Act or in the Schedule thereto contained (j). In ITarhours and Rivers ivliere no such Rules exist tliey may he made. In the case of any harbour, river, or other inland navi- gation f(jr which such rules are not and cannot be made by or under the authority of any Local Act, it shall be lawful for Her Majesty in Council, upon application from the harbour trust or body corporate, if any, owning or exercis- ing jurisdiction upon tlie w^aters of such harbour, river, or inland navigation, or, if there is no such harbour trust or body corporate, upon application from persons interested in the navigation of such waters, to make rules concerning the lights or signals to be carried, and concerning the steps for avoiding collision to be taken by vessels navigating such waters ; and such rules, when so made, shall, so far as regards vessels navigating such watei-s, have the same effect (0 25 & 20 Vict. c. 0.3, .■=. ;J0. {j) To k 20 ^'icf. c. 0.3, s. .31. TART XII.— COLLISIONS. 937 Chap. VL] SlahdctMe provisions and regulaiioriH now in forcfi. [Sect. I. as if they were Regulations contained in Table (C) in the The statutable Schedule to this Act, notwithstanding anything in this Act or in the Schedule thereto contained (Jc). Whenever foreign ships are within British jurisdiction, Foreign si.ii.s I T . /. . IT • • T • m 1 1 ^" British the regulations lor preventing collision contained in Table jurisdiction to (C) in the Schedule to this Act, or such other regulations (/) regulations in for preventing collision as are for the time being in force Schedule. '" under this Act, and all provisions of this Act relating to such regulations, or otherwise relating to collisions, shall apply to such foreign ships ; and in any cases arising in any British court of justice concerning matters happening within British jurisdiction, foreign ships shall, so far as regards such regulations and provisions, be treated as if they were British ships {m). Whenever it is made to appear to Her Majesty that the Regulations (, r • • MT 1 1 when adopted government 01 any loreign country is willing that the regu- by a foreign lations for preventing collision contained in Table (C) in brap^iS'^to the Schedule to this Act, or such other regulations (l) for fhVhigh seas, preventing collision as are for the time being in force under this Act, or any of the said regulations, or any provisions of this Act relating to collisions should apply to the ships of such country, when beyond the limits of British jurisdic- tion, Her Majesty may, by Order in Council, direct that such regulations, and all provisions of this Act which relate to such regulations, and all such provisions as aforesaid, shall apply to the ships of the said foreign country, whether within British jurisdiction or not (ji). Whenever an Order in Council has been issued under Effect of Order , . . , . ..„,.. in Council. this Act, applying any provision 01 this Act, or any regu- lation made by or in pursuance of this Act to the ships of (A) 25 & 26 Vict. c. 6.3, s. 32. (m) 2o & 26 Vict. c. 6.'}, s. 57. (/) See regulations now in force, (») 25 & 26 Vict. c. 6.'}, s. 5S. snpra, p. 931, infra, sect. 2. 938 TAliT XII.— COLLISIONS. Chap. VI ] Slat ufahlo provisions and regulations noiv in force. [Sect. I. The statutable aiiy forcign country, such ships shall in all cases arising in provision.s. any British Court be deemed to be subject to such provi- sion or regulation, and shall for the purpose of such provi- sion or regulation be treated as if they were British ships (o). By sect. 62 of the same Act, Orders in Council w\^y be limited as to time and qualified. By sect. 63, Orders in Council ma}' be revoked or altered. B}' sect. 64, Orders in Council are to bo published in the London Gazette, and a copy of the Gazette containing the order is to be received in evidence, that the order has been duly made and issued. Power of jmisc Whcncvcr any injury has, in any part of the world, been Ue.-..r.i or causcd to aiiy property belonging to Her Majesty, or to any arrest foreign of Her Majcsty's subjccts, l)y any foreign ship, if at any Kliiji that h.XS • ^ r ^ i • • ■ t • o. .vi.si<.ned time thereafter such ship is found in any port or river of the United Kingdom or witbin three miles of the coast thereof, it sball be lawful for the judge of any Court of Record in the United Kingdom, or for the judge of the High Court of Admiralty, or in " Scotland the Court of Session, or the sheriff of the county within whose jurisdic- tion such ship may ])c, upon its Ijeing sbown to him Ijy any ])crson a|iplying summarily that such injury was probably caused by the misconduct or want of skill of the master or mariners of such ship, to issue an order directed to any officer of customs or other officer named by such judge requiring bim to detain such ship until such time as the owner, master, or consignee thereof has made satisfaction in respect of such injury, or has given security, to l)e ap- proved by the judge, to abide the event of any action, suit, or other legal proceeding that may be instituted in respect of sue)) injury, and to [jay all costs and damages that may {o) 2o & 2f] Vict. c. C^j, s. 01. PAr.T XII.— COLLISIONS. 080 GiiAP. VI.] Sl(ilid(ihIeprovmonxandri-t)iUalwihsnoivin,foire. [Sect I. be ca warded thereon ; and any officer of customs or other Tite statuuiiie ■^ provisions, officer, to whom such order is directed, shall detain such sliip accordingly (p). In any case where it appears that before any application Powers in 1 iiir • • ^ n • ^ • fci'tain fuses to can be made under the loregomg section, such loreign ship det.iin siiip ni 1 ,11 i,iT',.i • • t • I'efore aijplica- liave departed beyond the limits therein mentioned, it tion made to shall be lawful for any commissioned officer on full pay in "*" °°" the military or naval service of Her j\Iajesty, or any British officer of customs, or any British consular officer, to detain such ship until such time as will allow such application to be made and the result thereof to be communicated to him ; and no such officer shall be liable for any costs or damages in respect of such detention, unless the same is proved to have been made without reasonable grounds {q). In any action, suit, or other proceeding in relation to who is to i.e ,.. , .. . -1111 det'eiidant to such injury, the person so giving sec^unty as aforesaid shall suit in such l)e made defendant or defender, and shall be stated to be the owner of the ship that has occasioned such damage ; and the production of the order of the judge made in rela- tion to such security shall be conclusive evidence of the liability of such defendant or defender to such action, suit, or other proceeding (;■). (/-) 17 & 18 Vict. c. 104, s. 627. (r) 17 it IS Vict. c. 101, ^. ,jl.'9. (7) Ibid., s. 528. 3 p 010 PART XII.— COLLISIONS. Chap. VI.] Statufahle provisions and regulations noiv in force. [Sect. II. Sect. 2. Regulations and Diagrams {a). NOTICE. Tlio following regulations apply to all ships belonging to the following countries and places, whether within British juristliction or not. Date of Date of Country or Place. Ga?;ctto con- taining Order Coiuitry or Place. Gazette con- taining Older in Council. in Council. AUSTKIA . ... 1 May 1863. Morocco . 28 July 1863. AufJF.STINK RiCl'UnLIC 15Se])t. 1863. Nktiierlands . . 1.^ Sept. 1863. HKU;ir.M . ... 1 May 1863. Norway 15 Sept. 1863. Bkazil •28 July 1863. Oldenburg . . . 1 May 1863. Bkkmkn . ... 28 July 1863. Peru .... 2S July 1863. Chili .... 20 Nov. 1863. Portugal . . . 1 May 1863. Denmark ruoi-fui . . 5 Feb. 1864. Prussia 1 May 1863. EyuATfdi (Kcpulilic of the) 28 July 1863. Koman States . . 20 Nov. 1863. Fkancb .... 13 Jan. 1863. llUSSIA 28 July 1863. GuKAT Biutain . . . 13 Jan. 1863. SCHLESWIG . . . 5 Fob. 1864. Okkk(;k .... 6 Feb. 1866. Si'AIN .... 28 July 1863. Hambuiu; . . . . 28 July 1863. Sweden . . . . 28 July 1863. Hanovkk 1 May 1863. Turkey 20 Nov. 1863. Hawaiian Islands . . 30 June 1865. United States, Sea- ) 30 Au". 1864. Hayti .... 1 May 1863. going Ships . \ Italy 1 May 1863. United States, In- ) 2 Dec. 1864. LUBKCK .... 28 July 1863. land Waters . ) Mecklenburg-Schwerin 1 May 1863. Uruguay . . . 28 July 1863. («) The contents of this section have been taken, by the kind Ij'rrnission of Mr. Gray, the able, experienced, and indefatigable As- sistant Secretary of tho I5oard of Trade, from the useful and in- structive pam]jhlet, which has been published by Mr. Gray, under the sanction and by tho authority of the Board of Trade, the Admiralty, and the Trinity House, and which is entitled " llegulations for Prevent- ing Collisions at Sea." PAllT XII.— COLLISIONS. Oil CiiAi'. VI.] StatatahU 'provisions and ro;i illations now in force. [Sect. II. International Steering and Sailing Rules. Reprinted from the Order in Council of the 9th Jamiari/, 1SG8. REGULATIONS FOR PREVENT[NG COLLISIONS (r/) AT SEA, &c. Preliminai^. Art. 1. In the following rules every steam ship which is under sail and not under steam is to be considered a sailing ship ; and every steam ship which is under steam, whether under sail or not, is to be considered a ship under steam. {(i) ThenumLer of collisions, whicli wore reported during the five years ending the 3 1st Dec, 1871, are shown by the following table, extracted from the publications of Lloyd's Statistical Committee : — Year. Number of collisions. Damaged. Sunk. 1867 1868 1869 1870 1871 2,062 1,923 2, 1 85 2,290 2,561 1,200 1,117 1,343 1,365 1,487 185 169 157 176 167 Total . 11,021 6,512 -854 Yearly Average 2,201 1,302 171 2,204 collisions a year is an enormous number. There are many expe- rienced naval men at home and abroad, who think, that many of these colli-sions are caused by the cha- racter of the regiilations. If, as will be shown in the next chapter, it is clear, that several of these regulations must be considered and kept in mind at one time, in order to understand the cfTcct of one, and if it is true, that these regulations have to be obeyed, and to be often suddenly acted ujiou by illiterate and unedu- cated men, in moments of storm, danger, terror, and darkness, it does seem doubtful, whether they are, as they undoubtedly ought to be, as short, simple and clear, as it is pos- sible to make thorn. Mr. Stirling Lacou, who has de- voted much time, thought, and able advocacy to this most important 9^-2 PART XII.— COLLISIONS. Chap. YI.] Stafufnhlp provisions and rrgnJations vow in fmre. [Sect. 11. <^erin Rules concevninq Lights. Conncil of 9th ./ ./ Jan.. 1863. ^j.|-_ o_ "j;}^^^ lights mentioned in the following articles, numbered 3, 4, 5, 6, 7, 8, and 9, and no others, shall be carried in all weathers, from sunset to sunrise. Lights f 07' Steam Shij^s. Art. 3. Seagoing steam ships when under weigh shall carry : [(I.) At the Foremast Head, a bright white light, so fixed as to show an uniform and unbroken light over an arc of the horizon of 20 points of the compass ; so fixed as to throw the light 10 points on each side of the ship, viz., from right ahead to two points abaft the beam on either side ; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles : subject, proposes to substitute the in a fog, go at a moderate speed. folio-wing rules for Arts. 1 1 — 19, and 17. Every vessel overtaking any the explanations of the Order in other vessel shall keep out of the Council of the 30th June, 18G8. way of the vessel overtaken. 18. Every steam ship shall carry f^teeriuf, and SmUrn/ Ruhs. ^ compass on the bridge. 1.3. A sailing ship on the port tack 19. Everj^ vessel, whether steam shall give way to a sailing ship on ship or sailing ship, shall give way the starboard tack. A sailing ship, to a squadron or fleet of men-of-war with the wind free, shall give way mana'uvriiig or sailing in line, and to a sailing ship close hauled. Where the ships of such squadron or fleet, two sailing ships, each with the whether steam ships or sailing ships, wind free, meet on opposite courses, shall not be bound to give way to the ship with the wind on the port any steam ship or sailing ship. side shall pass to leeward of the ship 20. Vessels having been in col- with the wind on the starboard side. lision shall stay by each other until 14. A steam ship shall keep out of each has ascertained that the other the way of a sailing ship. has no need of further assistance. l.j. A steam ship having another See also Report and Suggestions End on, shall poit (her helm ;) of the French Conseil d'Amiraufe On her port side, shall port ; on the Steering and Sailing Rules, On her starboard side, .shall ordered to be printed by the House etarboard and stop, of Commons, 1st Aug., 1874. l(j. ]''v<-iy sff-ani ship .'-•hal], when PAirr XI I. ^COLLISIONS. 943 Chap. VLJ Slaliildhle promsioiis and re(/uUi/ions now in force. [Skct. II. (b.) Oil the Starboard Side, a irrecu light, so constructed y^'^er in ^ -^ ' )r3 C3 ' Council of 9th as to show an uniform and unbroken light over an arc of the -^^n-, ises. horizon of 10 points of the compass; so fixed as to throw the lioiit from right ahead to two })oiiits aluift the Ijcam on the starboard side ; and of such a eliai acter as to be visible on a dark night, with a clear atniospliere, at a distance of at least two miles : (c.) On the Fort Side, a red light, so constructed as to show an uniform and unbroken light over an arc of the horizon of 10 points of the compass; so fixed as to throw the light from right ahead to two points al^aft tlie l)eam on the port side ; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles : (d.) The said green and red side lights shall be fitted with inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. Lights for Steam Tugs. Art, 4. Steam ships, when towing other ships, shall carry 1 wo bright white mast-head lights vertically, in addition to their side lights, so as to distinguish them from otlier steam ships. Each of these mast-head lights shall be of the same construction and character as the mast-head lights wliich other steam ships are required to carry. Lights for Sailing *S7t,^^>.s', Art. 5, Sailing sliips under weigh, or being t<_)wed, shall carry the same lights as steam ships under weigii, with the exception of the white mast-head lights, which they shall never carr}-. 944 TAET XII.-COLLISIONS. Chap. VI.] Slalnfahle j)roi'isions and regulations now in force. [Sect. II. Orvler in cvu^irof 9th Excepilona] Lujhts for small Sailing Vessels. Jau., 1S63. Art. G. Whenever, as in the case of small vessels during had weather, the green and red lights cannot be fixed, these liohts shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition ; and shall, on the ap- proach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively contain, and shall be provided with suitable screens. Lights for Ships at Anchor. Art. 7. Ships, whether steam ships or sailing ships, when at anchor in roadsteads or fairways, shall exhibit, where it can best be seen, but at a height not exceeding 20 feet above the hull, a white light, in a glolnilar lantern of eight inches in diameter, and so constructed as to show a clear uniform and unbroken light visible all round the horizon, and at a distance of at least one mile. Lights for Pilot Vessels. Art. 8. Sailing pilot vessels shall not carry the lights required for other sailing vessels, but shall carry a w^hite light at the mast-head, visible all round the horizon, and sliall also exhibit a flare-up light every 1 5 minutes. I'Airr XII.— COLLTSIOXS. 945 Cii,vi'. VI.] Stalutahle 2>rovisions and regulations now in force. [Skct. II. Lights for Fishing Vessels and Boats. co'undi'^of &tii Art. 9, Open fishing boats and other open boats shall not be requh^ed to carry the side lights required for other vessels; but shall, if they do not carry such lights, carry a lantern havinij a Cfreen slide on the one side and a red slide on the other side ; and, on the approach of or to ut her vessels, such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side. Fishing vessels and open boats when at anchor, or attached to tlieir nets and stationary, shall exhibit a bright white light (a). Fishing vessels and open boats shall, however, not be prevented from using a flare-up, in addition, if considered expedient (a). Rules concerning Fog Signals. Art. 10. Whenever there is fog, whether by day or night, the foof siojnals descril)ed below shall be carried and used, and shall be sounded at least every five minutes ; viz., — (a.) Steam ships under weigh shall use a steam whistle placed before the funnel, not less than eight feet from the deck : {h.) Sailing ships under weigh shall use a fog horn : (c.) Steam ships and sailing ships when not under weigh shall use a belh Two Sailiug Shij^s meeting. Art. 11. If two sailing ships are meeting end on, or (a) For the lights required by the French bouts fishing witb Drift Xds, Sea Fisheries Act, 1868, 31 & 32 Vict. see Appendix, Xo. 31. c. -io, to be carried by English and ill,; PART XII.— COLLISIONS. Chap. VI, ] Statutable provimns a7KlieguJafions note in force. [Sect. II. oixior in iicarlv eiul on (/>), so as to involve risk of collision, the helms <.'ouncil of IHli J.-U1., i8(j;!. of both shall be put to port, so that each may pass on the port side of the other. Two Sailing Ships crossiiuj. Art. 12. A\'heu two sailing ships are crossing so as to involve risk of collision, then, if they have the wind on ditierent sides, the ship with the wind on the port side shall keep out of tlie way of the ship with the wind on the star- board side ; except in the case in which the ship with the wind on the port side is close hauled and the other ship free, in which case the latter shij) shall keep out of the way ; l>ut if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship which is to leeward. Two ShijJs under Steam meeting. Art. 13, If two ships under steam are meeting end on, or ncarlv end on {h), so as to involve risk of collision, the helms (.1' bdth sliall be })ut to port, SO that each may pass on the \)ovi side of the other. Tivo SI tips under Steam crossing. Alt. 14. If two ships under steam are crossing so as to invoKe risk of collision, the ship which has the other on h('r own starboard side shall keep out of the way of the other. Sailing Sliip and Ship under Steam. Ai't. 15. If two ships, one of wliich is a sailing ship, and (t) For the meaning of " two sbips of Arts. 1 1 and lo, sec pages 900 and in« cting end on or nearly end (jn," 'Jjl. nnd fur the meaning and explanation PAliT XII:— COLLISIONS. 9-17 CiiAi'. VI.] Sialidahh' j)i-orii a proper look-out, or of the neglect of anv prc^caution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. 1)43 ■'-''^riT XII.— COLLISIONS. Chap. VI.] Sfatiitiihle provmons mid re(julations noiv ill force. [Skct. II. Or. lor iu Council of joth Order in Council explaining Articles 11 and 13 of the Kules for preventing Collisions at Sea. At the Court at Osborne House, Isle of IVhjlit, the 30th day of Jtdij, 1868. niESENT, The QrEi:x's most ExceHent Majesty in Council. "Whereas hy " The Merchant Shipping Act Amendment Act, 1802," it \vas enacted, that on and after the first day of June one thousand eight hundred and sixty-three, or such later day as might be fixed for the purpose hy Order in Council, the regula- tions contained in the table marked C in the schedule to the said Act should come mto operation and be of the same force as if tliey were enacted in the body of the said Act ; but that Her Majesty might from time to time, on the joint recommendation of the Admu-alty and the Board of Trade, by Order in Council, annul or modify any of the said reguhitions, or make new regula- tions in addition thereto or in substitution therefor ; and that any alterations in, or a(hlitions to, such regulations made in manner aforesaid shouhl be of the same force as the reguhitions in tlie said scliedule : And whereas, by the same Act, it was further provided, that wlienever it shouhl be made to appear to Iler Majesty tliat the government of any foreign country is willing that the regulations for preventing collision contained in table C in the schedule to the said Act, or such other regulations for preventing collision as arc for the time being m force under tlie said Act, should apply to the ships of such country when beyond the limits of British jurisdiction, Her Majesty might, by Order in Council, direct that such regulations shall ap])ly to the ships of the said foreign country, whether witliin Jiiitish jui-isdiction or not; and it was fui-tlier i)rovided by the said Act, that whenever an Order in Council had been issued applying any regulation made by or in puisuance of the said Act to the ships of any foreign country, such PART XII.— COLLISIONS. 919 CiAi'. VI.] Slaliiiahlo provisions and rpgidations now in force. [Sect. II. sliips should, in nil cases arising in any ]>iitisli court, be deemed Onki- in to be subject to such regulation, and should, for the purpose of j|||"I"2tj'|;'8'''^'^' such regulation, be treated as if they were British ships : And whereas b}' an Order in Council made in pursuance of the said recited Act, and dated the ninth day of January one thousand ciglit hundred and sixty-three, Her Majesty was pleased to direct : — First, that the regulations contained in the scliedule to the said Act should be modified by the substitution for such regulations of certain regulations apjiended to the said order ; Secondly, that the said regulations a]3pended to the said order should, on and after the first day of June one thousand eight hundred and sixtj^-three, apply to French ships, whether within British jurisdiction or not : And whereas by several Orders in Council subsequently made, Her Majesty has been pleased to direct that the regulations ap- pended to the said order of the ninth of January one thousand ciglit hundred and sixty-three shall apply to ships of the following countries, whether within British jurisdiction or not ; that is to say :— Austria. Mecklenburgh-Schwerin. Argentine Republic. Morocco. Belgium. Netherlands. Brazil. Norway, Bremen. Oldenburg. Chili. Peru. Denmark Proper. Portugal. Equator (Republic of the). Prussia. France. Roman States. Great Britain. Russia. Greece. Schleswig. Hamburgh. Spain. Hanover. Sweden. Hawaiian Islands. Turkey. Hayti. United States, Seagoing Ships. Italy. United States, Inland \\'aters. Lubeck. Uruguay. ()oO i'-^li'^ Xll.— COLLlSiOXS. Chap. VI.] Statuiable provisions and rpyalations now in force. [Sect. II. Order in Alul wlioreas Articles 11 and 13 of tlie said regulations appended i onncii of sotli ^^^ tiio said recited order of the ninth of Januar}^ one thousand eight hundred and sixty-three are as follows ; that is to say : — Article 11. " If two sailing ships are meeting end on, or nearly "end on, so as to involve risk of collision, the helms of both shall " he put to port, so that each may pass on the port side of the '• other." Article 13. " If two ships under steam are meeting end on, or " nearly end on, so as to involve risk of collision, the helms of " both shall be put to port, so that each may pass on the port " side of the other." And whereas there has been doubt or misapj^rehension concern- ing the effect of the said two articles : And whereas the Admiralty and the Board of Trade have jointly recommended to Her Majesty to make the following additions to the said regulations, for the pur^jose of explaining the said recited articles and of removing the said doubt and misapprehension: Now, therefore. Her Majesty, by virtue of the powers vested in Her by the said recited Act, and by and with the advice of Her Privy Council, is pleased to make the following additions to the said regulations b}' way of exijlanation of the said two recited articles ; that is to say : — The said two articles numbered 11 and 13 respectively only apply to cases where ships are meeting end on, or nearly end on, in such a ni'inner as to involve risk of collision. They, consequently, do not ai)ply to two ships which must, if both keep on their respective courses, pass clear of each other. The only cases in which the said two articles apply are when each of the two ships is end on, or nearly end on, to the other ; in other words, to cases in which, hij day, each ship sees the masts of the other in a line, or nearly in a line, with her own ; and hy niyJtt, to cases in which each ship is in such :i position as to see both the side lights of the other. The said two articles do not apply hy day, to cases in which a ship sees another a-head crossi}ig her own course ; or hy niyJit, to cases where the red light of one ship is opposed to the red r.Vr.T XTL— rOLLTSTOXS. 951 CuAp. VI.] S/afu/ableproinsions and ref/idalionsnoiv in force. [Skct. il. lifjht of the other : or where the m-een h^^ht of one ship is Order in Council of liOtn opi)()se(l to the green light of tlie otlier ; or wliere a red July, 1866. hght without a green Hglit, or a green light witliout a red light, is seen a-head ; or where both green and red liglits are seen anywhere hut a-head (h). (h) Mr. Gray, in his very able edition of The Engulations for Proventing Mr. Graj'.s Collisions at Sea, see ante, p. 940, gives the folbjwing aids to memory in :iids to ^ iiieuiory. lour vorises: — 1. 'Two Steain Ships meetinf/. When both side Lights you see ahead — Port your helm, and show your RED. 2. Tiuo Steam Ships passing. OEEEN to CxEEEN— or, EED to RED— Perfect safety — Go ahead 1 3. Two Steam Ships crosshnj. Note. — This is the position of greatest danger; there is nothing for it but good look-out, caution, and judgment. If to your starboard RED appear, It is your duty to keep clear ; To act as judgment says is proper: — To Port — or Starboard — Back — or. Stop her ! Rut when upon your Port is seen A Steamer's Starboard light of GREEN, There's not so much for you to do, For GREEN to Port keeps clear of you. 4. j\l1 Ships must keep a goodlook-out and Steam Ships must stop and go astern, if necessary. Both in safety and in doubt Always keep a good look-out ; III danger, with no room to turn, Ease her ! — Stop her ! — Go astern I 14th October, 1867. 052 PART XII.— COLLISIONS. Cu.Kf. VI.] Slalulahh provimns and reguJafions noiv in force. [Sect. II. MEMORANDA AND DIAGRAMS AGREED TO BY THE ADMIRALTY, THE BOARD OF TRADE, AXD THE TRINITY HOUSE {a). These Dhiijrams are in Tico Parts. Part I. includes Diagrams 1 to 4, inclusive, and Part II. Diagrams 5 to 7, inclusive. Part I. Being diagrams and rxplanatioiis intended to show — First. — That the existing rules do not apply to two ships each (»f which is passing the other ; and Secondly. — That no rule is necessary to prevent colUsions between tw(j ships each of which is passing the other. (") These diagrams and memo- Preventing Collisions at Sea, by his raiida are taken from Mr. Thomas kind permission. Gray's cditifjn of The Eegulations for Diaqram J RED to RED A To ■fcLot- page 9 S3 TART XTT.- COLLISIONS. 953 Chap. VI.] Statu table provisions and ref/ulal ions now in force. [Sect. IL TWO STEAM SHIPS PASSING. No rule has hern made in meet this rase, and tJiis di((y the regulations to port her helm to the (.l;i:i:\ light B l or B2 seen on her own STARBOARD side. ButA<-an STAinJOAHl) if iic<'(ssmit, as tliat Avill keep the two vessels A and B fiirtlir'i- a])art. Dijzgram Z GREEN to GREEN ^7 i \ ^ -'■ B2 t Jb thuce, pope. SS'4 Diagram 3 RED ahexxci Tofact'jxigt- 956 PART XII.— COLLISIONS. Ooo CiiAi'. VI.] Statuktblp, provisions and rfigulcdions noiu in farce. [Skct. II. TWO STEAM SHIPS PASSING. No ride ]t((ii hevn made to meet tills cuse, and this dldfirmn is intended to show that no rule is necessary. HEX) AHEAD. Diagram 3. A, a steam ship, sees the KED and WHITE lights only of another steam ship, B, ahead end on or nearly end on to herself. The ship carrying the KED light B must he passing to the POllT of A in the direction indicated hy the RED arrows 1 or 4, or in some intermediate direction. The left hand or poi't side of the ship carrying the RED light B must, therefore, he end on or nearly end on with A, and for this reason A and B cannot be meeting at all. The ship A and the ship carrying the RED light B are not " meeting end on or nearly end on, so as to involve risk of collision," nor are they " crossing so as to involve risk of collision." Therefore, as the rules only refer to cases in which " two ships are meeting end on, or nearl}' end on, so as to involve risk of collision," or in which " two ships are crossing so as to involve risk of collision," no rule a})plies to this case. The only way in which A can get into collision witli the vessel showing the RED light ahead is by starboarding to it, and there is therefore no necessity to make a rule to tell the master of A not to starboard in such a case. A is not required by the regulations to PORT her helm to a RED light ahead, nor is she required by the reguhitions to do anything else. A can PORT if she chooses, as that will take her further from B. 3 li 7 Chap. VI.] SlatiitahU provisions and regulations. [Sect. II. Pakt II. Being diagrams and explanations intended to show that the rules applicable to crossing ships and meeting ships are simple, sufficient, and intelligible. .•? Q 2 958 TART XII.— COLLISIONS. Chap. YL] StatutahU p'ovi^ns and regulations. [Sect. II. TWO STEAM SHIPS CROSSING. RED TO GREEN. Diagram 5. A, a steam ship, sees the RED and WHITE lights only of another steam ship nearly ahead on her own STARBOARD side; or somewhere on her own STARBOARD side, as B 1 or B 2. A is actually or may be probably crossing the path of the ship showing the RED light B 1 or B 2. A knows that she, herself, is crossing the path of B 1 and is crossing the path of B 2 when the com'se of B 2 is in the direction indicated by the Red Arrows, 2, 3, and 4 ; — A must therefore assume that she is crossing the path of B 1 or B 2 in whatever direction they ma)^ be going. She, A, must get out of the way of B 1 or B 2, because B 1 or B 2, a crossing ship, is on the starboard side of A, and because Article 14 of the regulations provides that " if two ships under " steam are crossing so as to involve risk of collision, the ship " which has the other on her own starboard side shall keep out " of the way of the other." A must get out of the way by stopping, or going ahead, or starboarding, or porting, or going astern, as the circumstances of the case may require. Above all tilings she must exercise caution and judgment, and she is bound to stop and reverse if there is the least possibility of collision. Diax^rcuTL 6 RED to GREEN '^-^. ■~1---r -3 Bz JoHux^poLgt. 358 Diagram 6 GREEN tx) RED B2 To fobct, pa^e 95') PART XII.— COLLISIONS. 959 Chap. VI.] Slatutable frovisions and regulations now in force. [Sect. IL TWO STEAM SHIPS CROSSING. GREEN TO RED. Diagram 6. A, a steam ship, sees the GREEN and WPIITE lights only of another steam ship nearly ahead on her own POUT side; — or somewhere on her own port side, as B 1 or B 2. The ship carrying the Green light B 1 or B 2 must he pro- ceeding in the direction indicated hy the arrows 1, 2, 3, or 4, or in some mtermediate direction. A, therefore, knows that the ship B 1 or B 2 showing the GREEN light on A's PORT side is actuaUy or may he pro- hahly crossing her (A's) path. A knows that she herself is to the STARBOAPtD side of the other crossing ship, B 1 or B 2 ; and that B 1 or B 2, the other crossing ship, must keep out of the way of A ; because Ai-ticle 14 of the regulations provides that " if two ships under steam are " crossing so as to involve risk of colHsion, the ship which has " tlie other on her own starboard side shall keep out of the way " of the other." A is to stand-on and keep her course mider Ai-ticle 18 of the regulations ; — unless any other course or proceeding is necessary to avoid immediate danger, in which case, under Article 19 of the regulations, a depai-ture from her course becomes justifiable and proper. She must be ready to stop and reverse in good time if there is any appearance of a collision. i,j^Q PAET XII.— COLLISIONS. Chap. VI.] Statutable provisions and regulations noiv in force. [Sect. II. TWO STEAM SHIPS MEETING end on, or nearly end on. THEEE LIGHTS AHEAD. Diagram 7. A, i^ steam ship, sees all three lights of another steam ship ahead, as B. A therefore knows that she and the steamer B are meeting end on, or nearly end on. A PORTS and keeps her Red and White lights only showing loB. B PORTS and keeps her Red and White lights only showang to A. A and B port because Article 13 of the regulations provides that *' if two ships mider steam are meeting end on, or nearly " end on, so as to involve risk of collision, the helms of both shall " be i)ut to i)ort, so that each may pass on the port side of the "other." Diaxjrarrh 7. Tlcre^ liglits aJwMjci 960 CHAPTER VII. CASES DECIDED UPON THE REGULATIONS. International Steering and Sailing Rules. Repr'uitcdjroni tlic Order in Council of llic \)th Janmirij, lb(J8. IIEGULATIONS FOR PREVENTING COLLISIONS AT SEA, ETC. PreUminarij. AfvT. 1. In tlie foUowiijg Rules every steam ship w liicli is under suil iuid not under steam is to be considered a sailiuo- o ship ; and every steam ship which is under steam, whether under sail or not, is to be considered a sliip under steam. Wliere a vessel is being towed by a tug steamer, the vessel aud the tug are to be treated, so far as relates to collisions, as one ship, for the conduct of which the vessel towed is responsible («). Akt. 2. Rules concerning Lights. The lights mentioned in the following articles, numbered {a) Skvciis V. GuurU'ii, H Moo. 1\ C. 92 ; Lush. 158 ; Alaude & Pollock, -IGO. 9G2 TAKT XIT.— COLLISIONS. CiiAi-. VII.] Cases derided upon the refjulations. Art. -1. 3, 4, 5, 6, 7, 8, and 9, and no others, shall be carried in all weathers, from sunset to sunrise {b). It is a rule, that a ship must not diily obey tlie Admiralty regu- lations as regards lights, but must obey them in time to prevent an impending collision (c). The substance of the regulations is, that the lights shall be fairly visible as described. There is no order that the light shall be fixed in any jieculiar manner, or in any particular part of the ship, and the ^vhole question in such cases is whether the lights are so fixed as to be fairly visible {d). If a collision occurs in consequence of the ahsence of lights, Avlii-ther the ship was moially justified or not in having no lights, she nmst bear the conse(|uences (). Art. 4. Lights for Steam Tugs. Steam ships, when towing other ships, shall cany two bright white mast-head lights vertically, in addition to their side lights, so as to distinguish them from other steam ships. Each of these mast-head lights shall be of the same construction and character as the mast-head lights which other steam ships are recjuired to carry (p). Art. 5. Lights for Sailing Ships. Sailing ships under weigh (ry), or Ijeing towed, shall cany {lit) The Cirinaiiid, o7 L. J. Adm. Eoad, 15. 59; affiimcd ou appeal, 11 L. T. N. (o) Thr Aurora, Lush. o'll. S. 44. (/') See cases cited under Arty. 2 & 3. (//) 27ie Zy({(i.«, Holt's Eule of the (7) See cases cited uuder Arts. li&o. 966 TART XII.— COLLISIONS. Art. 0. Chap. YII.-] Cases decUkd upon the regulations. the same lights as stoam ships luider weigh (r/), with the exception of the white mast-head lights, which they shall never cany. Art. 6. Exceptional Lights for small Sailing Vessels. Whenever, as in tlie case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition ; and shall, on the ap- proach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the stiirboard side. To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively con- tain, and shall be provided with suitable screens (>■). Art. 7. Lights for Shijjs at Anchor. Ships, whether steam ships or sailing ships, when at anchor in roadsteads or fairways, shall exhibit where it can best be seen, but at a height not exceeding 20 feet above the hull, a white light, in a globular lantern of eight inches in diameter, and so constructed as to show a clear uniform and unbroken light visiljle all round the horizon, and at a distance of at least one mile (.v). (-/) The Eak, L. E. 2 Adm. ;j.30 ; & 3. T/ie Gei/rtjt Ark/c, Lu«h. 'M2. (a) Sco cases cited under Arts. 2 (r) Sou cascb cited under Arts. 2 & li. PART XII.— COLLISIONS. 007 Chap. VII.] Ccises decided upon the repiiUiiiOns. It being the duty of a ship at anchor to carry a rifling light ^^t- ''• alwaj'S visible, no such excuse as that of taking the light down to be trimmed will be admitted, if the absence of the light causes a collision (/). Art. 8. Lights for Pilot Vessels. Sailing pilot vessels shall not carry the lights required for other sailing vessels, but shall carry a white light at the mast head, visible all round the horizon, and shall also exhibit a flare-up light every 15 minutes (/^). Art. 9. Lights for Fishing Vessels and Boats. Open fishing boats and other open boats shall not be required to carry the side lights required for other vessels ; but shall, if they do not carry such lights, carry a lantern having a green slide on the one side and a red slide on the other side ; and, on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side. Fishing vessels (v) and open boats when at anchor, or attached to their nets and stationary, shall exhibit a bright white lioht. Fishing vessels (r) and open boats shall, however, not be prevented from using a flare-up, in addition, if considered expedient (^r), (<) The C. M. Palmer, 29 L. T. (w) See Appendix, No. ;JL N. S. 120. ("0 See cases cited under Arts. 2 (".) See cases cited iindorArtp. 2 &M- & ;i. 968 TACT XIT.— COLLISIONS. Chap. VII.] Cases derkhd upon the regulations. ^^- ^^' Art. 10. Rides concerning Fog{x) Signals. Whenever there is fog, whether by day or night, the foQ- sicrnals described below shall be carried and used, and shall be sounded at least every five minutes ; viz. — (a) Steam ships under weigh {ij) shall use a steam whistle placed before the funnel, not less than eight feet from the deck : (b.) Sailing ships under weigh (y) shall use a fog horn : {z) (c.) Steam ships and sailing ships when not under weigh (;y) shall use a bell. Although it is incumbent on steam ships to shicken sj)eed in a fog {x), so as to avoid every possible collision, yet this does not relieve sailing ships from the duty of keei)ing a sharp look-out and sounding such fog signals and bells and horns as are directed {a). Art. 11. Two Sailing Ships meeting [h). If two sailing ships arc meeting end on, or nearly end oij [})), so as to involve risk of collision, the helms of both (x) See Art. 16, iufrn. N. S. 68. (y) See cases cited under Art. 3. (6) As to what is " crossing " and (2) The horn should be continually "meeting," see cases cited under Rounded from the moment the fog Arts. 12, 13, & 14. Ships may sets in. Tlie Westphalia, 24 L. T. navigate on either side of the river N. S. 75. Thames. Tin- Oirm U'al/is, L. E. 4 (a) The Nor III Amirknn, 14 L. T. A dm. ]77. TAr.T XIT.— COLLISIONS. 000 CirAi'. VII.J Coses deckled upon tltc reyulalions. shall be put to port, so that each may pass on the port side Art. ii. of the otlier. Art. 10. In obeying and construing these rules, due regard must he had to all dangers of navigation ; and due regard must also he had to any special circumstances, which may exist in any pai'ticular case, rendei'ing a departui'e from the above rules necessary, in order to avoid immediate danger. The said two Articles numbered 11 and 13 respectively only apply to cases where ships are meeting end on, or nearly end on, in such a manner as to involve risk of collision. They, consequently, do not apply to two ships which must, if both keep on their respective courses, pass clear of each other. The oidy cases in which the said two articles apply are when each of the two sliips is end on, or nearly end on, to the other ; in other words, to cases in which, by day, each ship sees the masts of the other in a line, or nearly in a line, with her OAvn ; and by night, to cases in which each ship is in such a position as to see both the side hghts of the other. The said two articles do not apply, by day, to cases in which a ship sees another ahead crossing her own course ; or by night, to cases where the red light of one ship is opposed to the red light of the other ; or where the green light of one ship is opposed to the green light of the other ; or where a red hght without n green light, or a green light without a red light, is seen ahead ; or Avhere both green and red hghts are seen anywhere but ahead. Order in Council of 30th July, 1868. Art. 11 applies to all saihng ships that are meeting, whetlier they are close-hauled or not close-hauled, and it is imjierative upon all such ships so meeting to put their helms to jjort, in obedience to this rule (c). If sailing ships are meeting in parallel courses, so that tliere is no real danger of collision, then, if both keep their courses. Art. 11 does not apply, and in that case the ship which deviated from her proper course, and so produced a collision, would be to blame {d). {c) The Kczia, Holt's Rule of the (d) The Dapper, Holt's Eule of the Pvoad, 68. Eoad, 79. 070 PAET XIT.— COLLISIONS. CiiAP. Vir.j Cases clernled upon the rPf/nJafmis. Art- 11. Parties will be excused from obeying Art. 11 if there exist special circumstances which render a departure from the rule not only necessary, but necessar}' to avoid immediate danger (c). Art. 12. Tiuo Sailing Ships crossing {/). When two sailing ships arc crossing (/) so as to involve risk of collision, then, if they liave the wind on different sides, the ship with the wind on the port side shall keep out of the way of the ship with the wind on the starboard side ; except in the case in which the ship with the wind on the port side is close-hauled and the other ship free, in wliicli ca.se the latter ship shall keep out of the way ; but if they liave the wind on the same side, or if one of them has the \vin(l aft, the ship which is to windward shall keep out of tlic way of the ship which is to leeward. Construction of Articles 12, 14, 15, and 17. Art. 18. Where by the above rules one of two ships is to keep out of the way, the other shall keep her course subject to the qualifications contained in the following article. Proviso to save special Cases. Art. 10. Ill ol)eyiiig and construing these rides, due regard must ])e had to all dangers of navigation ; and due regard must also be had to any special circumstances which may exist in any particular case jendering a departure from the above rules neces- sary in order to avoid immediate danger. To show what is crossing and not meeting, it has been held that when two ships are approaching, one heading N.N.E. |^E., and tlie other 8.W. ^ W., th(;y are crossing, and not meeting (g). Two sailing ships having tlie wind on opposite sides — the (ft) The Mart/ Ann, IIoIVsHuIg oi "meeting," see cases cited under the Road, 64. Arts. 11, Vi, & 14. (/) As to what is " cresting" and {fj) T/u- Jlenrij 12 W. E. 1014. PART XII.— COLLISIONS. 071 CiiAi'. VII.] Cases dfddcd upon ihe rpgulations. George Dean, on lier i)()rt tack and lieadin^ W'.M.W., and the Art. 12. Constitution, on lier starboard tack and lieading S.I'], by K. — came in collision. It was held, that the ships were not " meeting end on, or nearly end on, so as to involve risk of a collision," but that the ship on the port side was bound to get out of the way of the ship on the starboard side, unless the latter liad the wind free (Jt,). A collision took place between two sailing sliips, which were crossing. The wind was about S.S.E. One sliip, C, was steer- ing about N.N.E. The other ship, S., about W. by 8. The ship C. did not "keeji out of the icaij," according to the 12th Article, but kept her course, and the ship S., instead of keeping her course, according to the 18tli Article, jiorted her helm, alleging " immediate danger " as a reason for so doing according to the 19th Article. It was held, that both ships were to blame, — the ship C. for not having kept out of the way, according to Art. 12; and the ship S. for not having kept her course, according to Art. 18, there being no evidence of "immediate danger to justify a departure under Art. 19 " (?')• But, where two ships were crossing, one, the Eliza, close-hauled on tlie starboard tack, saw the red light of the other, the Orinoco, a quarter of a mile distant, about one j^oint on her port bow ; and when the Orinoco was about a cable's length distant, and it was clear that the collision was inevitable, the helm of the Eliza was put hard a-port, and she was brought up near!}- to the wind, and the Orinoco struck the Eliza on her port bow with the port bow of the Orinoco. It was held tliat the Eliza was not to blame, although she had not kept her course {k). When two ships are crossing, one close-hauled on the starboard tack, and the otlier going free, the former is justified in luffing so as to bring hei"self, after she has sighted the other, as close to the wind as she can get, so as to remain under command, and such luffing is not a deviation from her course tliat will relieve the (/() Tlte Constitution, 2 Moo. P. C. (/.•) The EIi:M, Holt's Rule of the N. .■<. 453. Road, i».S. (/) T/ic S^iriiitj, L. 11. 1 -Uliu. U'J. 3 R PAET XII.— COLLISIONS. Chap. VII.] Cases decided upon the regulatmis. Art. 1::. other, having the wind free, from the duty of getting out of her way (/). Art. 13. Two SJiips under Steam meetiv;/ {m). Tf two ships under stenm arc meeting end on, or nearly end 011(111), so as to involve risk of collision, the liclms of both shall be put to port, so that each may pass on the port side of the other. Art. 19. In obeying and construing these rules due regard must be had to all dangers of navigation ; and due regard must also be liad to any special circumstances, which may exist in anj^ particular case, rendering a departure from the above rules necessary in order to avoid immediate danger. The said two Articles numbered 11 and 13 respectively only ai)ply in cases where ships are meeting end on, or nearly end on, in such a manner as to involve risk of collision. They, consequently, do not apply to two ships which must, if hoth keep on their respective courses, pass clear of each other, 'i'he only cases in which the said two Articles fippl}^ are when each of the two ships is end on, or nearly end on, to the other ; in other words, to cases in which, by day, each ship sees the masts of the other in a line, or nearly in a line, with her own; and by nir/ht, to cases in which each ship is in such a position as to see both the side lights of the other. The said two Articles do not apply, hy day, to cases in which a ship sees another a-head crossing her own course ; or by night, to cases where the red light of one ship is opposed to the red light of the other ; or whei-e the green light of one ship is ()])posed to tlie green light of the other; or where a red liglit without a green light, or a green light without a red light, is seen a-liead ; or wliere both green and red lights are seen anywhere but a-head. Order in Council of 30th -luly, 18G8. (/) Tlif Marmion, 27 !>. T. X. S. 11, 12, & 14. Vessels may navigate 255, on either side of the river Thames. (ni) See cases reported under Arts. The. Oujcu WnJlis, L. E. 4 Adm. 177. PART Xir.— COLLISIONS. 973 Chap. VII.] Casps decided upon the regulations. The effect of these articles is, that if two steam vessels are Art 13. approaching each other end on, or nearly end on, in such a manner as to involve risk of collision, both must port, unless such porting would bring about immediate danger (jt). In one case, Dr. Lusliington said, that in order to excuse a ship from porting under Art. 13, it must be quite clear there were three points difference, and not less, and that it would never do to contend, where the}^ were nearly meeting end on, tliut if the evidence should be that the difference was one or two jjoints only in the direction they were meeting — that that would be sufficient to dispense witli the observance of this rule (0). In determining the intended movements of a ship approaching from a contrary direction, the relative positions of the two ships, when they first come into sight of each other, must not alone be regarded ; — other circumstances, such as the bend of the river, or the necessity of avoiding another ship, which may occasion the apparent alteration of course, must be regarded. The effect of the Merchant Shipping Acts Amendment Act, 1862 (25 k 26 Vict. c. 63), is, by repealing sect. 297 of 17 & 18 Yict. c. 104, that ships navigating narrow channels are at liberty to go on whichever side of it the}^ please, taking care, of course, to observe the regulations for preventing collisions {p). The screw-steamer Esk was proceeding down the Thames, and the Niord, a Swedish screw-steamer, was coniing up the Thames. They first sighted each other across a point wliich divides the Half-way Eeach from the Barking Reach. As they approached each other, the Niord first ported her helm and then put it hard a-port. The Esk, seeing this manuiuvre of the Niord, stopped and reversed her engines and put her hehn hard a-stiuboard. (n) The Newcnstle, Holt's Eule of ibid. 20. the Eoad, 250; T/,t' Aura, L. R. 1 (j)) The TWoc%. L. E. 3 P. C. 44; P. C. 50L The Esk and the Niord, L. E. 3 P. C. (0) The Thames, Holt's Rule of -iiO ; The Owen Wanis,L. K -l \dm. the Road, 151 ; The Fruiter, Holt's 177. Rule of the Road, 160 ; Tlie Loidsa, i)74 TAIJT XII.- COLLISIONS. Chap. MI.] Cases decided iqmi the regidations. Art. 13. The result was a collision. The Judicial Committee held, that assuming that the case did not fall strictly within the 14th rule, the Esh was solel}'' to blame. And in giving judgment they say, "the K>ih unquestionably in rounding the point must have been under the port helm for a time. The other vessel had been hugging the south shore, and would in the ordinary course of navigation liave gone under a port helm to the other side of the river, about the point at which she did go. On the other hand, there seems to be no reason wh}' the Esh, coming round the point under a port helm, should not have followed the southward shore, continuing to port her helm. " At all events, whatever may have been her rights, or whatever course she might have taken had no other vessel been in the wa}', it was clearly her duty to observe the Niord, to see whether she was taking that course ^\ liich persons acquainted with the navi- gation of the river must have known to be the ordinary course, viz., that of crossing the river, and to conduct her own manoeuvres accordingly. She seems not to have done this, and she must be held responsible " (q). The Velocity, a steam vessel, was going down the Thames on her way to Calais. The Carbon, another steamer, was proceeding up the Thames to London. The Velocity, at Cuckold's Point, crossed to the north shore, and just before the collision was rounding Millwall Pier, and making her way along the north shore under a starboard helm. The Carhon was going up the river in mid-channel, and at about a quarter of a mile distance saw the red or port light of the Velocity bearing a little on her starboard bow. The helm of the Carhon was immediately ported, which carried her towards the Velocity. The master of the Vi'locity, seeing the danger of a collision, first starboarded the helm and afterwards ordered it to be put hard a-starboard, so as to get his ship ashore and save the lives of those on board, and the Carhon. ran into her starboard bow and cut her down. On appeal, it was held, by the Judicial Committee, that this was (2) The Esk and the Niord, L. E. li V. C. 436. PART XII.— COLLISIONS, Chap. VII.] CaspH (Ucidetl upoji the regulations. a case in wliicli neither the 13th nor tlie lltli Article of the w'^w- Art. I'J. lations was applicable; — that it was not a case of two ships under steam meeting end on, or nearly end on, under the 13th Article ; — tliat the two steam ships were not "crossing" within the 14th Article ; — that the Carbon was wholly to blame ; — that she knew, or ought to have known, that a ship going down the river had a right to run down on the north shore ; — and that in the position in which she was the appearance to her of the red light of a ship on that side of the mid-channel was no indication that the ship was in the act of crossing the river, and yet, there being nothing to justify the belief, she acted at once upon her hasty and erroneous conclusion and so occasioned the collision (r). It would, of course, be sufficient excuse for a vessel not having ported her helm, if she was in so narrow a p;irt of a river, tliat by porting she would have run herself aground (-s)- AiiT. 14. Two SJiij^s under Steam crossing. If two ships under steam are crossing so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other (t). Constniction of Articles 12, 14, 15, and 17. Art. 18. AVhere by the above rules one of two ships is to keep out of the way, the other shall keep her course subject to the qualifications contained in the following article. Proviso to sace special Cases. Art. 19. In obeying and construing these rules, due regard must be had to all dangers of navigation ; and due regard must (r) The Vefodti/, li. R. 3 P. C. ol ; Jiodhia, Holt's Rule of tho Road, The Esk and the Niord, L. R. 3 P. C. 130. 440 ; The Owen Waliis, L. R. 4 Adm. (t) See cnsrs cittd uikI.t Art.-^. 11, 177. 12, & 13. (s) Fer Dr. Lusliin^!;ton, The Lucia 1)76 PART XII.— COLLISIONS. Chap. MI.] Cases decided upon tlie regidalions. '^- 1^- also be liaJ to any special circumstances, which may exist in any particular case, rendering a departure from the above rules neces- sary- in order to avoid immediate danger. A foreign steamship, B. 0., saw the green and white lights of an English steamer, B. D., distant about a mile and a half and a point on tlie starboard bow. The B. 0. ported. The B. D. kept her course, and at the last moment starboarded. They came into collision, and it was held, that the B. O. ought either to have kept her course or to have slowed, until the precise situation of the other ship had been ascertained ; that the B. 0. improperly polled and w^as therefore to blame (w). It is the general practice for steam vessels going down the Thames to keep on the north side. If, therefore, a ship rounding a bend on the north side, under a port helm, on her way up the river, sees the red light of another rounding the same bend on her way do'^Ti over her starboard bow and nearer the north side than she is herself, she is not justified in supposing that the ship coming down will cross her path and pass her on the port side. Ships, under these circumstances, are not crossing vessels within the meaning of the 14th Article (r). AllT. 15. Sailing Ship and Ship under Steam. If two ships, one of which is a sailing ship {x), and the other a steam ship, arc proceeding in such directions as to involve risk of collision, tlie steam ship shall keep out of the w^ay of the sailing ship. {n) Tha Black Diamond, 9 L, T. (,r) And the same rule would seem N. S. 396. to apply where one vessel was a [v) The. Pmikjct, L. E. 4 P. C. steamer and the other a dumb barge o20 ; The Velodty, L. R. 3 P. C. 44 ; in the Thames. The Given Walih, The Enk and Niord, L. R. 2 P. C. L. R. 4 AdTn. 175. 214. PART XII.-COLLISIONS. 07' Chap. VII ] CasBS decided upon fhe ref/ulaliuns. Construction of Articles 12, 14, 15, and 17. Art. 18. AVherc by the above rules one of two shii)s is to keep out of the way, the other shall keep her course subject to the qualifications contained in the followin*,' article. Proviso to save special Cases. Art. 19. In obeying and construing these rules due regard nnist be had to all dangers of navigation ; and due regard must also be had to any special circumstances, which may exist in any particular case, rendering a departure from the above rules neces- sary in order to avoid inunediate danger. In a damage suit, brought by the owners of a sailing ship against the owner of a steam ship, it is not incumbent on the plaintiffs to plead, that the sailing ship after observing the steam ship kept her original course. The burden of proof and plea in this respect is upon the defendant to show that the course of the saiUng ship was altered and the collision caused thereby (,//). It cannot be too much insisted on that it is the duty of a steamer, where there is risk of colUsion with a sailing ship, what- ever may be the conduct of the sailing ship, to do everything in her power, that can be done consistently with her own safety, in order to avoid collision (z). Where a steam ship is approaching a sailing ship, and does not know what course the sailing ship is pursuing, it is the duty of the steam ship, whether the lights of the sailing ship are visible or not, to take no decisive movement until she can ascertain it (a). In a case of collision between a sailing ship and a steam shij), if it is proved that they were proceeding in such directions as to involve risk of a collision, and that a collision did take place, the burden of proof is on the steam ship to show some suilicient reason to justify her not getting out of the way (h). {y) The West of KiKjland, L. R. 1 (") The Bomjaiiivi/le, L. R. 5 R. C. Adm. 308. 31G. (2) Per Lord Westbury, The CIti/ {b) The Marijaret, Holt's Rule of of Antiverp, L. R. 2 P. C. 30; The tHe Road, 2.54; The Mvnswn, ibid. American, 22 W. R. 845. 187. Art. 15. 978 PAET XII.— COLLISIONS. Chap. YIL] Cases decided upon tJie regidations. Art. 15. It is a rule in cases of collision between a steamer and a sailing ship, that, although the latter may have been guilty of misconduct, ov may not have observed the general steering and sailing regulations, the steamer will be held cidpable, if it appears that it was in her power to have avoided the collision (c). In cases of collision between a steamer and a sailing ship, where a steamer is charged with having omitted to do something, which ought to have been done, proof of three things is required, — first, that it was clearl}' in the power of the steamer to have done the thing charged to have been omitted ; — secondly, that if done it Would in all })robubilit3' have prevented the collision ; — and thirdly, that it was such an act as would have occurred to any officer of competent skill and experience in command of the steamer {d). If the master of a steamer observes the light of a sailing ship approaching, and owing to any cause is doubtful us to her course, it is his duty to slow his engines and stop his vessel, and to take no decisive movement, until he has thoroughly cleared up all his doubts and ascertained the other ship's position ; and if a collision occurs from his neglecting to do so, he will be held partly, if not altogether in default {e). A sailing ship meeting a steamer is not justified, as a matter of precaution, in altering her com*se, unless there is imminent danger of a collision ; and if she does so and a collision occurs, she will be held pailly, if not altogether in default (/). In a case falling under Art. 15, the steamer is at liberty to keep out of the way, either by porting or by starboarding her helm {(j). AVhat keeping out of the way is must of course depend on the <:'ircumstances of each particular case. It may be by porting, it may be b}- starboarding, it may be by stopping {h). (c) The (My of Antwerp, L. E. 2 (/) The General Lee, 3 Ir. E. Eq. P. C. 25. lo,J. {(J) Per Lord AVoKtbury, The City (.9) The Maryaret, Holt's Eule of ). Art. 1G. Ships wider Steam to slacken speed. Every steam ship, when approaching another ship so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse ; and every steamship shall, wlicn in a fog [(j), go at a moderate speed. All. 19. In obeying and construing these rules due regard must be had to all dangers of navigation ; and due regard must (m) The Al'ppo, 14 L. T. N. S. 553; The American, 22 W. B. 8iS. 228. (7) If a ferry steamer crosses a (//) The (jirmanid, 21 L. T. N. S. river in a dense fog, she takes u])()u 44. her.self' all the resijonsibility of such {0) Tlie Cleadfm, 14 Moo. I*. C. a course, if a collision occurs without 92 ; Lush. 1 58 ; Swath v. The St. default on the part of the other Lawrenec, tfcc, L. R. 5 P. C. 308. vessel. The Lancashire, L. li. 4 (p) Thr W'nnlor, Ti. 11. 3 Adm. Ailiri. '102. PAIIT XTT.— COLLISIONS. 081 Chap. VII.] Cases decided upon the refjiilulions. also be luxcl to any special circumstances, which may exist in any Art. 16. particular case, rendeiing a departure from the above rules neces- sary in order to avoid immediate danger. In a dense fog, it is the duty of a steam vessel to anchor, as soon as circumstances will permit her to do so. Sucli a vessel pro- ceeding under steam, although at a moderate speed, in a dense fog, after reaching a proper anchorage ground, is to Ijlame (r). Art. 16 onl}^ applies when there is a continuous approaching of two steam ships. Thus, when two ships under steam "are meeting end on, or nearly end on, so as to involve risk of collision," as provided for in Art. 13, and one of them at a proper distance ports her helm sulhciently to put her on a course which will carry her clear of the other, and enable her to pass on the port side, she thereby determines the risk, and is not approaching another ship so as "to involve risk of collision " within the meaning of Art. 16, and is not bound to slacken speed or stop (s). It is the duty of a steam ship to proceed at no greater speed than, having regard to the state of the weather, makes it possible for her to avert a collision {t). In America it has been held, that a steamer in a dense fog is bound to go as slow as it is possible for her to go, so as to main- tain steerage way (w). A steam ship running at a speed of eight or nine knots an hour in the English Channel, in a dense fog, is proceeding at an unlawful rate of speed {x). So, a steamer proceeding at the speed of four to five knots an hour, in a thick fog in the Baltic, is not going at a moderate speed (//). So, a steamer going at the rate of seven knots an liour, in a thick fog, in the Atlantic, in the direct line to New York, and about 200 (r) The OtUr, L. E. 4 Adm. 203. 75. (American.) (s) The Jesmond, L. E. 4 P. C. 1. (x) The Westphalia, 24 L. T. N. S. {t) PfrLord Kingsdown, T^t/oi/p, 75 (American). Holt's Eule of the Eoad, 181. (y) The Magna C'hurta, '25 L. T. («) The Wesfphah-,!, 24 L. T. N. S. N. "s. 512. 9S2 r.Vr.T XTT.— COTXTSIOXS. Chap. VII.] Casps derided upon ihe rcf/nJafioiis. Art. itJ. miles to the east of Sandy Hook, is going at an improper rate of speed {2). A steamer going ten knots an hour on a dark night up the Horse Channel, at the entrance of the Mersey, saw a sail three jHiints on her port bow, less than half a mile distant. She ported her helm, hut did not ease her engines. A colHsion took plare. It was held, that the steamer was in f^xult for the collision wliicli ensued, for not having stopi^ed or eased her engines, when she made out the other vessel, and that maintaining such rate of speed under the circumstances was inexcusable (a). A steam shij), proceeding at an improper rate in a channel crowded with ships, incurs the responsibility of damage occasioned by lier being unable to obey the direction, that, on risk of a col- lision, it is the duty of a steam ship to keep out of the way of the sailing vessel {h). In a case of collision between a steam tug and a sailing ship, where the sailing ship had not obeyed the regulations as to lights, but where the state of the lights was found not to have contributed to the collision at all, and where it was found that the collision was caused by the steamer going at an improper rate, considering the state of the weather and the condition of the tide, contrary to Art. 16, the steamer was held wholly to blame for the collision and solely liable for damage (c). It is no excuse for a ship steaming at an improper speed, on a dark night, through a fair way, where ships are accustomed to anchor, that she was under contract to carry government mails at the rate of thirteen knots (d). Where a steamer, navigating in a fog at a moderate speed, heard a whistle sounded many times, which indicated that another steamer was approaching her and was very near, it was held, that the former steamer was bound under the 16th Art. not oidy to stop the motion of her engines but to reverse them, so as to stop (z) The Ptmisylvania, '2'.'> Ju T. N. 44. S. 55. {'') The Emperor, Ilolt's Rule of (u) The Deapatrh, Swah. I'AH. the Road, 37. (fj) The fhrnfiiiiii, 21 Ti. T. N. S. ('/j The Viviil, Hwub. SS. PART XTr.-COLLTSIOXS. 933 GiiAP, VII.] Castes derltloil upon Uic regnlulionK. tlic motion of tlio vessel, and that slie on^'lit iKjt to liavc waited Ait. 10. until the vessels sighted each olher, when sucii a inano-uvi-e might be too late (c). Art. 17. Vessels overtcikiiKj other Vessels. Evx'iy vessel overtaking auy other vessel shall keep out of the way of the said last-mentioned vessel. Construction of Articles 12, 14, 15, and 17. Art. 18. Where by the above rules one of two ships is to keep out of the way, the other shall keep her course subject to the qualilicatious contained in the following article. Proviso to save special Cases. Art. 19. In obeying and construing these rules due regard must be had to all dangers of navigation ; and due regard nnist also be liad to any special circumstances, which may exist in any particular case, rendering a departure from the above rules necessary in order to avoid innnediate danger. If the defence of a steamer overtaking a sailing ship is, that the steamer could not comply with Art. 17, in consequence of the state of the weather and the negligence of those on board the sailijig ship, the duty of i)roving that defence is upon the steamer. She must make out affirmatively, that it was impracticable for her, in consequence of the state of the weather, to have seen the ship in time to have avoided her, and she nuist also show, that she was pursuing her course at such a reasonable rate of speed, considering the state of the weather, that there was no impropriety of conduct in that respect which could avail against her (/). A French shij), under sail, following a British sliip in tow on entering a harbour, came into collision with her whilst crossiuf' (e) The Frankhanl, L. R. 4 P. C. (/) '!'/„■ Ilamxt/, Park, Holt's Hvle o2\). . of the Koad, 1213. 981 PART XIT.— rOT.LISIONS. CiiAf. \'II.] Cases decided upon the I'eguJations. Art 17. tlie bai'; it was held, that the collision so occurring was occasioned by tlie negligence of the French ship in not attending to Art. 17, and that slie was therefore liable for the loss occasioned by such collision (//). Two ships, which had been sailing in company, were beating to windward. They were both close-hauled o\\ the same tack, the i>ne a-head and a little to the windward of the other. The leading ship stood in as near as she could to a shoal and was then obliged to go about. The other ship kept her reach. They came into collision. It was held, that it Avas the duty of the following ship to have gone about at the time she saw the leading ship go about, and that as the collision was occasioned by the following ship neglecting to go about at the proper time, she was to blame for the collision (/i). Art. 18. Consfruction of Articles 12, 14, 15, and 17. Where l)y the above rules one of two ships is to keep out of the way, the other shall keep her course subject to the (pialificatioiis contained in the following article {i). Art. 10. Proviso to save special Cases. in obeying and construing these rules, due regard must be had to nil d.iiigers of navigation ; and due regard must also l)e had to any special circumstances, which may exist in any particular case, rendering a departure from the above rules necessary in order to avoid immediate danger. {(j) The Wheutsheaf, 13 L. T. X. {i) f^oo 'Thr Sprinf/, died \u\dov Art S, (i\'2. 1- ; T/iii Aura, citod uiiik-r Art. 19 ; {h) The Priacilla, L. E. -i Adm. Thu (Jreat Eastern,, cited under Art. 11:0. I'J. PART XII.— COLLISIONS. 085 Chap. VII.] Caups decided upon the refjidatioiis. The meaning of Art. 10 is to impose as stiictly as possible the -^'t- i-'- obligation of obeying the previous rules, so far as is consistent with not incuriing immediate danger [j). " This Art. 10 is one of great impoiiance, and it is of gi"eat importance also strictly to understand what it means, and of course it is but wise, proper, and fit that regard slioidd ' l>e had to all dangers of navigation ' ; — but observe how careful the framers have been — ' to any sjjecial circumstances, rchicU may exist in any particidar case, renderinc/ a departure from the above rules necessary in order to avoid,' not danger, but ' immediate danger.' The object, I take it, in framing Ai-t. 10 was to render, as far as possible, compulsory the obsei'\'ance of the preceding rules. Of course, it would be madness, where there was danger imme- mediately impending of any kind, that vessels should obsen'e any rule whatever" (k). This article exempts persons, who would otherwise be obliged to obey the previous articles, from the consequences of omittmg to do so. The effect of it is this, that though a ship is directed to keep her course, yet, if there is immediate danger, she is justified by this Art. 10 in not keeping it, provided that, by such deviation, she has a chance of avoiding the certainty of a collision (/). Art. 10 is not a directory article, which tells parties what they are to do ; but one, which releases them from the severe obligation of complying with all the terms of the previous articles, and which releases them only under circumstances wdiicli would render obedience to them conducive to peril, while by deviation they might escape from that peril (/). No vessel is bound to throw herself into a state of danger, not- withstanding w'hat may be the strong expressions used in the articles (7/0- The Art. 10 does not prescribe any pai-ticular measures that (j) The Emperor, Holt's Eule of (/) The Eliza, Holt's Rule of the the Road, 27 ; 12 AV. E. 890. Road, 101. {!:) Per Dr. Jjushington, The Priii- (/») /'''• Dr. Lushington, The St. ressan Lovisa, Holt's Rule of the 0/n(//, Holt's Rule of the Road, 72. Road, 78. OSC TART XTI.— COLLTSTON'S. CuAP. VII.] Cages iJcrided upon the regulations. Art. Vi. sliould be atlopted, in departing from the strict terms of &\\y of tlie previous regulations, since any such ruU; wouhl necessarily involve, on many occasions, the destruction of the ver}^ ships Mhich it was intended to preserve {n). If a ship hound to keep her course, under Art. 18, justifies her departure under Art. 19, she is hound to prove clearly, not only that her departure was absolutely necessary, at the time when it took place, in order to avoid immediate danger ; hut also that the course adopted by her was reasonably calculated to avoid that danger (o). In a case of ccdlision in the Atlantic at midnight, between a large steam ship and a sailing ship, the steamer was going at a rate of between 12 and 13 knots an hour, the sailing ship was sailing close-hauled on the port tack, and was two or three miles distant when she first sighted the steamer. The saiHng ship instead of keeping her course ported her helm ; — it was held, first, that under Art. 18 it was the duty of the sailing shi]! to have kept her course without alteration ; — that by Art. 19, the danger of collision was so imminent when the steamer was sighted as to render a de- parture from Art. 18 necessary to avoid danger; — and that she was partly to blame for the collision, by having contributed to it by portmg ; ip) and secondly, that the steamer was to blame, as, even if the sailmg ship had kept her course, a collision Avas inevitable, from the rate of speed at which the steamer was advancing, it being under Art. 15 the dut^' of a steamer meeting a sailing ship to reverse her engines, and slacken her speed in sufficient time, so as, having regard to the state of the weather, to have as far as possible avoided a collision {p). In a cause of collision between two steam vessels meeting nearly end on in the Thames, it was alleged by tlie defendants that the helm (jf their vessel was put a-starboard to avoid a barge. (n) The Alton, 14 L. T. X. S. SOO. 31 ; The Ptand, Holt's Eule of tlio (o) TlieAf/ra, L. li. 1 1'. C. iOl ; Eoad, 257. Holt's Piulo of the Eoad, 101 ; The {}>) The (Jreut Kuiitcru, 3 Moo. P. fjrtat EadcDi, 3 Moo. P. C. N. S. C. N. S. 31. I'AIJT XTT.-COIJJSTOXS. 987 Chap. VII.] Casps (IficiiUil upon flip, rpf/iilafimin. It was held, that the burden of proving that a departure from Art. 20. Art. 13 was "necessary in order to avoid immediate danger" under Art. 19 lay upon the defendants ; and tliat, in tlie absence of sufficient evidence to sliow what became of the barge, tbe de- fendants had failed in their proof and were tlierefore to blame for the collision, wliich was tlie result of their not porting their helm (q). Art. 20. jVo Ship, under any circamstanccs, to neglect lyroper Precautions. Nothing in tliesc rules shall exonerate any ship, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any pre- caution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. Tlius, when a ship casting oft" from moorings in a navigable river places herself at niglit partly athwart the fiiirway, so tliat her regulation lights cannot be seen by sliips astern of her coming up the river, she is bound to make use of some clearly con- spicuous signal to warn tliem of lier position, and if she neglects such precaution, she commits a breach of the "iOth Artick' and will be held to blame if a collision ensues (/•) So, those in charge of a sliip aground at niglit in the fairway of a navigable cliannel, are bound to take proper means to warn others of her position (s). A steamer coming up a river at eleven o'clock at night, and during a high spring tide, after pqissing a schooner also coming (q) The Conconlia. L. R. 1 Adiii. Mm. oOO. 93. (s) The Indmtri., L. R. 3 Adai. (r) The ,/uhii Feuirfrk, L. 11. 3 30S ; The Sa.ronui, Lush. 410. 3 3 OSS PART XIT.— COLLISIONS. Chap. YII.] Cases decided tqwn the regulations. Art. 20. up the river, took the ground about 300 yards ahead of the schooner and whilst aground was run into by the schooner. It was hehl, that it was not the duty of the schooner, under the cir- cumstances, to have dropped her anchor with the view of avoiding the collision, and that the steamer was solely to blame (t). A ship in motion is bound to steer clear of a ship at anchor, whether properly or improperly anchored, and if the former run into and damage the latter, nothing will excuse the ship in motion from making compensation, but the proof that it was an unavoid- able accident, against which no human skill or precaution could have guarded (^0- AVhen a collision takes place between a ship under sail and one at anchor, the ship in motion is prima facie to blame, and it is for her to clear herself from responsibility if possible (x). "When two ships are lying at anchor, there should be such a space left for the swinging to the anchor, that in ordinary cir- cumstances the two ships cannot come together. If such a space is not left, it is a foul berth (?/). A ship is to blame for placing herself at single anchor in a position, where, if the slightest accident arose to interrupt or em- barrass a manoeuvre which the master directed, it would be almost impossible to avoid a collision. So where the proximate cause of a collision was the breaking of a cable, by wliicli the sliip was secured to a single anchor, it was held, that she was to blame {2). A ship B took up a berth in the Tyne, with the view of dis- charging cargo. A ship C took up a berth close alongside, and (t) The EUzahe.th, 22 L. T. N. S. 161 ; seethe Amcr. cases, 1 Pritcli. 74. Afl. Dig. 172 n. ; The. Bothnia, (u) The Girolarao, 3 Hagg. 173 ; Lush. 53 ; The Dura, 5 Jur. N. S. The Batavier, 2 W. Eob. 407; 384. See American cas^s, 1 Pritch. Ad. {y) The Northampton, 1 Spinks. iJig. 172 n. . 160; TIte Lochliho, 7 Moo. P. C. (x) The Lochliho, 3 W. Eob. 31o'; 127. 7 Moo. P. C. 427 ; The Victoria, 3 (2) Thr Eimptian, 1 Moo. P. C. N. W. Rob. 52 ; The Batavier, 2 W. S. 373. R'.b. 1<»7 ; Tlie fl'orfjf, 1 No. of Ca. PART XII.- COLLISIONS. 989 Chap. VII.] Cases decided upon the rpgulations. as the tide fell, heeled over upon B and damaged her. It was Art. 20. held, that C was responsible for the damage so received by B, whether B had taken up a proper berth or not, as no ship had a right to place herself so close to B as to cause her damage {a). One ship brouglit up during a gale in a fair berth in the Downs, and anotlicr ship coming up anchored within a cable's length of her, riding at one anchor. The gale increasing drove l)(»t]i ships from their aiiclKU'S, when the last ship came into col- lision with the first ship, so that the first ship had to be taken to the Koads in a sinking state and beached. It w^as held, that tlie ship last coming up was solely Hable for the collision, because she had given the first ship a foul bertli and because she was riding so close to her on such a night at single anchor (/>). Ships navigating a river are bound to observe reasonable signals of an intended launch (c). And those in charge of the launch are bound to give the customary notice, if there is a custom, and a reasonable notice if there is no custom (c). A steamer in proceeding up the pool, at a speed dangei-ous to small craft, caused such a swell that a barge laden witli coals was sunk. It was held, that the steamer was to blame, as she miglit and ought to have seen the swell and the barge in time to have avoided the accident, and that the pilot was solel}' to blame for not checking the speed of the steamer, or not stopping her ((/). A vessel in stays is almost in the same predicament as a vessel at anchor. A vessel suing in respect of damage by collision and alleging, that she was in stays at the time of the collision and therefore helpless, is bound to prove the latter fact. When proved, it is for the other vessel to show, that the vessel suing was improperlv juit in stays and so brought the collision on herself, or that tiie collision was an inevitable accident {e). (rt) The Lidskjalf, Swab. 117. [d) The Ndherlands Steam Boat (/») The ^I'((/;/ic Armstrong, 14 L. Co. v. Sti/Ies, 9 Moo. P. C. 28n. T. N. S. 310. (e) The Sea Nymph, Lush, d:]; The {(■■} Tht Viflniia, Swiib. 405. Kimjston-hij-Sra, 3 W. Bol). I'rl. 3 s t> nOO PART XII.— COLLISIONS. Chap. VII.] Cases decided vpon the regulations. Art. -20. But if a vessel approaching another has it in her power to choose the distance at which she shoukl tack, and a colhsion takes place in consequence of her missing stays, she will be held rcspt>nsible for the damage caused by the collision [f). (/) Tlic Kimjston-hj-Sea, 3 W. Bob. 152. CHAPTER VIIL DUTIES OF MASTER IN CASE OF COLLISION'. Skct. 1. — His (lutiea to his own I Sect. 2. — Ilis dutiea to the in- sliip . . . i)91 I jured shiii . . 994 Sect. 1. His duties to his oivii slap. After a collision, the master and crew of the injured vessel are not bound to incitr extraordinary lisk of life by remaining on board («). But, it is the duty of the master and crew of a ship injured by collision to exercise ordinary care, nautical skill, and courage, in endeavouring to save their ship from total loss, and to do what a reasonable man would do under similar circumstances, when he had no other judgment but his own to resort to (/j). When the vessel is injured, and there is any chance of bringing her safe to port, it is the duty of the owner and master to attempt to do so, provided the expense of salvage would not exceed the value of the ship and cargo (f). It is impossible for any court to say, with any degree of cer- When master tainty, what are the precise circumstances, which would justify the abimdon. abandonment of a ship, after a collision. But, if there be any reasonable prospect that the lives of the crew are in danger, they are justified in quitting the ship, and the consecjuence of such abandonment must fall on the ship in the wrong {d). Where the crew of a damaged ship are called upon to act in an [a] The Linda, Swab. oOT. {. J. Ailrn. Flying Fish, B. & L. 436; Williams 44 ; The Flying Fish, B. & L. 430 ; & Bruce, 83. Tindall v. Bell, 11 M. & W. 2.32. {k) The Thuringia, 41 L. J. Adm. (h) The Linda, Swab. 306; The 44; The Flying Fish, B. & L. 436. PAllT Xll.— CULLiaiUNiS. [yj'd Chap. VIIL] Duties of master in case of collision. [Sect. I. If a ship is injured by a collision, and the owner or master The master's spends more money m raising or repairing the ship, tlian she is ^^^^ gjjjp worth ; if he has not acted prudently, even althou^di he has acted bona fide, the court will not suffer the wrong-doing ship to be held responsible for more than a total loss (l). AVhere a ship lying at a foreign port was so much damaged by a collision, that the master sold her there, thinking it better to sell her there than to have her repaired, and the registrar reix)rted that the master had adopted a prudent course in selling the ship ; it was held, that the owners were entitled to recover the value of the ship previous to the colHsion, subject to a deduction eqmd to the amount produced by her sale (w). Accidevts. Whenever any steam ship has sustained or caused any accident Accidents to . ' , steam ships to occasioning loss of life or any serious injury to any person, or has be reported to received any material damage affecting her seawortliiness or her r^"^^'^ ° efficiency either in her hull or in any part of her machinery, the owner or master shall, within twenty -four hours after the happen- ing 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 probable occasion thereof, stating the name of the ship, the port to which she belongs, and the place where she is ; and if such owner or Pen-ilty. master neglect so to do he shall for such offence incur a penalty not exceeding fifty pounds (u). If the owner of any steam ship have reason, owing to the non- ^^>tiee to be '' -^ " piveu of appre- appearance of such ship, or to an.y otlier circiunstance, to appre- h«iKkd loss of hend that such ship has been wholly lost, he shall as soon as ^ ^'^™ ^ '^^' conveniently may be send notice thereof in lilce manner to the Board of Trade, and if he neglect so to do witliin a reasonable (?) Thp Empress Em/enie, Lush. (m) The South Sea, Swab. 141. 138 ; Williams & Bruce, 79. (") ^ & 18 ^ict. c. 104, s. 32G. 994 PART XIL— COLLISIONS. Chap. VIII.] Duties of master in case of collision. [Sect. II. time lio shall tor such offence incur a penalty not exceeding fifty pounds (()). Collisions to ite 111 every case of collision, in which it is practicahle so to do, officiiU lo" ^^^ master shall immediately after the occurrence cause a state- ment 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 rciudty. crew, and in default shall incur a penalty not exceeding twenty pounds {}.)). Sect. 2. His duties to the Injured ship. Section 33 of 25 .^ 20 Vict. c. 63 is repealed by 36 & 37 Vict. c. 85 s. 33 ; and in its stead, it is enacted, that Duties of In every case of collision between two vessels it sliall be the oTcoUUion.^''*^ ^^^^ty of the master or person in charge of each vessel, if and so far as he can do so without danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascer- tained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any), such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision ; and also to give to the master or person in charge of the other vessel the name of his own vessel, and of her port of registry, or of the port or place to which she belongs, and also the names of the ports and ]>lHces from which and to which she is bound (a). If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default (ri). I-A'eiT master or i)erson in chai-ge of a British vessel who fails, wi'.hout reasonable cause, to render such assistance or give such information as aforesaid shall be deemed guilty of a misdemeanor, (o) 17 & 18 Vict. c. 104, K. 327. (/>) Ibid., a. .'328. PART XII.- COLLISIONS. 095 Chap. VIII.] Dutm of mcistcr in case of collision. [Sect. II. iuid if he is a certificated officer an inijuirv into his conduct may The miustcrs duty to tlic be held and his certiHciitc may l)e cancelled or suspended (a). injured hhip. The 33rd section of 25 k 20 Met. c. (S'^, was in these terms : In every case of collision between two 8hii)s it shall be the duty of the person in charge of each shij), if and so far as he can do so without danger to his own ship and crew, to render to the other ship, her master, crew, and passengers (if any), such assistance as may be practicable and as may be necessary in order to save them from any danger caused bj^ the collision (6). In case he fails so to do, and no reasonable excuse for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default ; and such failure shall also, if proved upon any investigation held under the third or the eighth part of the principal Act, be deemed to be an act of misconduct or a default for which his certificate (if any) may be cancelled or suspended {jj). The following decisions uj^on the latter repealed section will tend to tln'ow light upon the meaning of the more recent enactment ((t). There have been many instances where, in the case of collision, the vessel doing the damage sailed away, and mercilessly left the other vessel to her fate, though in imminent peril. That such conduct was a breach of all the dictates of humanity could not be dt)ubted ; and it was to correct that mischief that this 33rd sect, was passed. It does not apply only to cases, where there is innnediate danger to life, but the wliole purport of it is, that each vessel shall examine and wait, in order to see wliether there is any necessity for the intervention of her services, in order to prevent loss of life or property (c). When a collision takes place, which might probabl}' endanger life, it is the duty of the ship, which injures the other, to stay by her until the extent of the damage is ascertained, and to render what assistance she can to save life and [)roperty, provided sucli assistance can be given without danger tf) the vessel afibrding it. (r/) ;J6 & ,37 Vict, v.^b, s. 1(5. (') /VrDr. Liis-hingtoii, The Eliza, [b) 'lb & 26 Vict. c. 6o, y. \V6. Holt's Rule of the Koad, 102. 996 PART XII.— COLLISIONS. Chap. VIII.] Duties of master in case of collision. [Sect. II. The TO.\st«r's If she does not do so, the burden of pioviiij:>- that the collision did iuiureil *LU>. "^^^ ^'^^^' plrtoe bv her delault is thrown upon her owners {d). But, although it is the duty of every vessel, whether British or foreign, to render assistance to another, which she has injured in colhsion, this does not compel a ship to remain alongside another so injured, so as to run risk of capture by an enemy's fleet (e). A steamer ran down a fishing coble oft" the coast. No injury ensued to the steamer or to anj'^ one on board of her, but the coble sank, and three of her crew were drowned. At the time of the collision, the master of the steamer was below, and the mate was in charge of the deck. Soon after the collision, the master came up, but neither the mate nor the master took any steps to save the men. It was held, that the coble was a "ship" within the Act, and that the mate before, and the master after he came on deck, w^ere in charge within the meaning of 25 & 26 Vict. c. 63, s. 33 (/). Two steamships, the Queen and the Lord John Russell, each being under the charge of a comj)ulsory pilot, came into collision. The Queen was solel}' to blame. After the collision, she rendered no assistance to the Lord JoJcn Russell, and showed no excuse for having failed to do so. It was held, that the mere fact of her having a pilot on board did not exempt her owners from liability ; but that, if it had been proved, that the collision had been caused solely by the neglect of the pilot on board the Queen, the subsequent misconduct of the master in not rendering assistance would nut have made her owners liable for the collision {(f). {d) The Queen of the Orwell, 7 L. 44. T. N. S. 839; IIW. R. 4.W; T/ie (/) Kx parte Fcrcjuson, L. R. 6 Oermania, 21 L. T. N. S. 4 1. Q. B. 280. (e) The Ttiuriiifjia, 41 L. J. Adm. {<)) The Queen, L. R. 2 Adm. 354. PAirr xiii. SALVAGE. CuAi'TER I.— 'What Salvage Services are and when thky should be rendered . 990 • Chapter II. — When Salvage Reward is Payable . . 1002 Sect. 1. — When a ship or boat is stranded, or otherwise in distress on the shore of any sea or tidal water situate witliin the United Kingdom . „ 2.^For saving life . „ 3. — In cases not fall- ing within the two previous sections : — 1. — The property- salved must have been in danger or distress . 2. — The salvors must have ren- dered actual as- sistance, which contributed to- wards saving the property in dan- ger . . . 1007 Sect. 4. — What signals a ship in distress must use when signalling for assistance . . loll „ 5. —What kind of services are treated as salvage services . 1013 „ t). — The effect of ac- 1002 1003 1006 1006 cejitance or refusal cK assistance on the right to salvage reward . 1017 Sect. 7. — When a seaman may agree to abandon his right to salvage . 1018 Chapter III. — Who mayclaim AS Salvors . . . .1021 Sect. 1. — General rule . I(i21 „ 2. — Crew of salving ship .... 1022 „ 3. —Passenger* on salving ship . . 1023 „ 4. — Owners of sal- ving shi[) . . . 1023 „ 5. — Crew of ship salved . . . 1026 „ 6. — Passengers on ship salved . . 1028 „ 7. — Associated ships 1029 „ 8. — Otiicersand crews of Her Majesty's ships 1030 „ y. — OlKcers and men of the coast-guard . 1037 „ 10. — Ship-agents . 1038 „ 11.— Pilots . . 103!) „ 12.— Tugs . . . 10^2 „ 13.— Magistrates . 1048 Chapter IV. — What claim Salvors have where there ARE several sets . . 1049 Sect. 1. — Whilst the mas- ter remains on board. 1049 ,, 2. — When the ship ib a derelict . . 1051 998 PART XIIL— SALVAGE. Conienis of Part XIIL 1. — What consti- tutes a derelict . lOol 2.— The rights of several sets of salvors . .1052 Sect. 3. — When the first sot of salvors abandon the enterprize . . 1055 Chafteii V. — What Amount WILT. BE AWARDED TO SAL- VORS 105() Sect. 1. — Where no a-^Tee- nientwas entered into between the salvors and the salved , . 1056 ,, 2. — Where an agree- ment was entered into between the sal- vors and the salved . 1062 „ 3. — How the value of the property salved is estimated for the ]mrpose of calculating the amount of salvage Chapter VI.— Thk Appor- tionment OF the Salvage . 1070 Sect. 1. — In what propor- tions the salvage is ai»i)ortioned among the jjersons entitled . U)70 1. — Owners of sal- ving ships . . 1070 2.— The master, seamen, and ap- prentices . . 1073 3. — Persons assist- ing . . . 1074 4. — Where there are several sets of salvors . . 1075 5. — Oliicersand sea- jrien of royal navy and coast- guard . . 1076 Sect. 2. — By whom sal- vage may be appor- tioned among those entitled . . . 1076 „ 3. — AVHiat agree- ments for apportion- ment will be upheld. 107!) ,, 4. — In what propor- tions ship, freight, and cargo contribute 10 the salvage . . 1081 Chapter VII.— What Con- duct FORFEITS THE WHOLE OR PART OF THE SALVAGE . 1083 Sect. 1. — The general rule 1083 „ 2.— Misconduct . 1083 „ 3. — Negligence or un- skilfulness . . 1087 „ 4.— Fraud . . 108!) „ 5. — Embezzlement . 1090 Chapter VIII. — What Reme- dies THE Salvors have for SECURING the PAYMENT OF THE Salvage . . . 10.91 Sect. l.—Wliat the salvors' remedies are irre- spective of statute . lOni 1. — Their maritime li(;n . . . io:n 2.— Their right to retain possession of the property saved. . . 10!)5 3. — How far pay- ment to one sal- vor discharges claims of others 1095 Sect. 2. — What salvors' re- medies are under the statutes . . . 1096 Chapter IX.— Wrecks and Casualties .... 1103 CHAPTER I. WHAT SALVAGE SERVICES AEE AND WHEN THEY SHOULD BE RENDERED. Persons, by whose assistance a ship, or boat, or the cargo of a ship, or the lives of persons belonging to her, are saved from danger or loss, in cases of shipwreck, derelict, capture, or the like, are entitled by law to remuneration for such services (a). Such remuneration is called "salvage," and the persons who "Salvage, become entitled to such remuneration are called " salvors." "S:iivoi-s.' The word "salvage" is sometimes employed to designate the property saved and sometimes the services rendered. There is a great distinction between salvors, who volunteer to go out to a ship in distress, and salvors, who are employed by such a ship. Volunteers go out at their own risk, for the chance of earning reward, and if they labour unsuccessfully, they are not entitled to anything. It is the effectual performance of salvage services, which alone gives such volunteer salvors a title to salvage remuneration. But, if men are engaged by a ship in distress, whether generally or particularly, they are entitled to be paid according to their efforts, even though the labour or service may prove to be without beneiit to the ship {h). All services rendered to ships at sea in danger or distress are Salvage salvage services. It is not necessary, that the distress should be ''^'^^"^'^' actual or immediate, or tliat the danger should be imminent and absolute. It will be a salvage service, if, at the time it was rendered, the ship had encountered any danger or misfortune, which might possibly expose her to destruction, if the seiwices were not rendered (c). (a) Maude & Tollock, 477. (c) The fjharhite, 3 W. Rob. 71. {I) The Undatudcd, Iai^Yi. 92. 1000 TART XITT.— SALVAGE. Chap. I.] Wfial salvage services are and irhen Duty to render It is the duty of all ships to give succour to others in distress ; m»ne but a freebooter would withold it {d). The rendering of salvage services is an obligation required by the dictates of humanit}^ by the principles of public policy, and by the general interests of society — and has been recognized as such by the practice and jurisprudence of every civilized state {e). Effeot on It was fomierlv doubted, whether a doiiarture from the direct policy. course of the voyage for the purpose of saving life, which was threatened witli imminent danger of shipwreck or foundering, were or wei-e not a deviation, which would discharge the under- writers on i\\e policy of insurance. It seems however, that it must now be taken as clear law, both here and in the United States, that a deviation of this kind, as it is sanctioned and required alike by the demands of commerce and humanity, will in no case discharge the underwriters (/). And it would seem, that the Court of Admiralty will not assent to the doctrine, that a deviation for the purpose of rendering salvage service to jyrojierty will avoid a policy of insurance, as "it is for tlie connnon advantage of all persons, underwriters and others, to give and receive assistance to and from each other in distress" ig). That " a deviation for the purpose of rendering salvage service to prnpertj/ would upon general principles avoid a policy of in-, surance, is an undecided and very doubtful proposition of I]nglish law, and certainly one to which I cannot give my assent" (h). « (tZ) iVr Lord Stowell, Tlie Water- Hagg. .'Jio ; 1 Phillips Ins. 1027; h>o, 2 Dods. 437 ; The Bccmr, 3 C. jm- Sir E. rhillimore, The ThHis, L. Rob. 295. R. 2 Adin. .'JGH. 'e) Per Sir R. Phillimore, The {(j) Per Lawrence, J., Lmure?ice v. Thetis, L. R. 2 Adm. 368. Si/dchotham, 6 East. 54. (/) Arnould on Ins., by Maclach- (//) Ptr Sir R. Phillimore, The Ian, 4th edit., 471 ; see per Law- Thetis L. R. 2 Adm. 3G8 ; The True rence, J., Lawrence v. Si/dehothum, Jlhw, L. R. 1 P. C. 255 ; Arnould on it t'Aiiit. 54 ; per Lord Stowell, Thr Ins., by Maclachlan, 4th edit., 472 ; Beaver, 3 C. Rob. '2U2 ; 'The Jane, 2 Park on Lis., p. 047. PART XIII.— SALVAGE. lOrH OiiAP. I.] thpy should ho rovderpd. In case of Collision one Ship shall assist the other. In every case of collision between two ships it shall be the In rases of duty of the jierson in charge of each ship, if and so far as he can do so without clanger to his own ship and crew, to render to the other ship, her master, crew, and passengers (if any), such assist- ance as may be practicable and as may be necessary in order to save them from any danger caused by the colKsion. In case he fails so to do, and no reasonable excuse for such failure is shoAvn, the collision shall, in the absence of jiroof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default; and such failure shall also, if proved upon any investigation held under the third or the eighth part of the principal act, be deemed to be an act of misconduct or a default for which his certificate (if any) may be cancelled or suspended (i). The above section does not debar the innocent sufferer in a collision from salvage reward for services subseqiiently rendered to the other party to the collision [k). So, where a ship A, in tow of a steam tug, comes into collision with another ship B, and B is solely to blame and the tug renders assistance to B, the tug's right of salvage is not affected by 25 &, 26 Yict. c. 63, s. 33 (A). But, when both vessels were to blame, the master and crew of one are not entitled to salvage reward for saving property laden on board the other, which they had by their own wrongful acts con- tributed to place in jeopardy (m). (i) 25 & '26 Yict. c. 63, s. 33. This {m) Cargo ex Capella, L. E. 1 Adm. section is repealed and other pro- 3o6. See Mr. Edwyn Jones' learned visions enacted by 36 & 37 Yict. and able work on The Law of !Sal- c. 85, s. 33, ante, p. 994. vage, and Maude & i'oUock's Ship- {k) The Hannibal, L. E. 2 Adm. ping. 53. CHAPTER 11. WIIEX SALVAGE KEWAKD IS PAYABLE. Sect. 1. — When a ship or boat is stramled, or other- wise in distress on the sliore of any sea or tidal Avater situate within the United Kingdom . ,, 2. — For saving life . „ 3. — In cases not falling within the two pre- vious sections : The property- salved must have been in danger or distress . The salvors must have rendered actual assistance, 1(102 1003 1006 1006 which contri- buted towards saving the pro- perty in danger . 1007 Sect. 4. — What signals a ship in distress must use, when signalling for assistance . . .1011 „ 5. — What kind of services are treated as salvage sernces . . . 1013 „ (5. — The effect of accept- ance or refusal of as- sistance on the right to salvage reward . 1017 „ 7. — When a seaman may agree to abandon his ri'dit to salvay-e . 1018 Sect. 1. Mltcn a ship or boat is stranded, or otherwise in distress, on the sliore of any sea or tidal water situate within the United Kingdom. In the following cases, (that is to say), whenever a ship or hoat is stranded or otherwise in disti'css on the shore of any sea or tidal water situate within the limits of the United Kingdom, and services are rendered by any person, (1.) In assisting such ship or boat ; (2.) In saving the lives of the persons {a) belonging to such ship or boat {]>) ; (a) This includes passengers as well as seamen. The Fusiliers, 34 ii. J. Ad. 25. The owners of cargo on board a salved ship are liable to a share of the payment of life salvage for the rescue of those on board. Ibid. (//) This sect, gives i)riority to the reward for life salvage, when the j)roperty is sufficient to satisfy all claims. See jier Dr. Lushington, Tlie Hartley, Swab. 199 ; Tlie, (Joro- 'laandd, Swab. 207. See infra, sect. 3, how this part of the enactment has been extended. TART XTTT.— SALVAGE. 1003 C«AP. II.] Whm if is pcijiahk. [Skct. II. (3.) In saving the cargo or n])pfircl of such sliip, or boat, or any portion thereof ; And whenever any wreck is saved by any person, other tlian a receiver, within the United Kingdom ; There sliall be pa3-able by the owners of snch sliip or boat, cargo {c), apparel, or wreck, to the person by wliora such services or any of them are rendered, or by whom snch wreck is saved, a reasonable amomit of salvage, together witli all expenses properly incurred by him in the performance of such services or the saving of such wreck, the amount of such salvage and expenses (which expenses are hereinafter included under the term salvage) to be determined in case of dispute in maimer hereinafter mentioned ((/). Sect. 2. For saving life. Formerly, no salvage reward could be recovered for saving human life, in cases in which no property- had been saved, and in which life alone had been preserved from destruction (c). But, where life and property had been saved by one set of salvors, it was the practice of the Court to give a larger amount of salvage, than if the property only had been saved (/). But now, as has been seen in the last section, " whenever an}' ship or boat is stranded or otherwise in distress on the shore of any sea or tidal water situate within the limits of the United Kingdom, and services are rendered by any i)ersons, — In saving the lives of the persons {g) belonging to such ship or boat ; There shall be payable by the owners of such ship or boat, cargo (//), apparel or wreck, to the person by whom such sendees (c) The Fusilier, 34 L. J. A dm. del, Sv^ah. 201 ; The Fusilier, B. &.L. 25. 344. {>l) 17 & 18 Vict. c. 104, s. 458. (/) The Fusilier, B. & L. 344. (e) The Silcer Bullion, 2 Spinks, (r/) This includes passengers. The 74 ; The Zephyriis, 1 W. Rob. 329 ; Fusilier, 34 L. J. Adm. 25. The Aid, 1 Hagg. 84; The Coromnn- {h) The owners of cargo are liable 3 r 1004 r.vr.T XTIT.-SALVAGR CUAH. II.] When if is pmjahle. [Sect. II. For saving life, or aiiv df theiii ftve rendered, or by wliom sucli wreck is saved, a reasonable amount of salvage, togetlier with all expenses properly incurred by liini in tlie performance of such services, or the saving of such wreck, the auKtunt of such salvage and expenses (which expenses are hereinafter included under the term salvage) to be determined in case of dispute in manner liereinafter men- tioned (/)." Where a steam vessel sustained serious damage by a collision, and her master ordered the boats out, and some of the crew, without his permission but not against his orders, got into one of the boats and rowed away and were picked up at sea and rescued from danger by a smack, the smack was held entitled to salvage in a suit against the steam vessel (/i). But, it seems, that a ship is not liable for salvage because some of her crew had deserted her without leason and against orders, and were afterwards rescued by another ship from a i^osition of peril (/.•). 'J'he provisions of the ^Merchant Shipinng Act, 1854, did not give the Admiralty Court jurisdiction over salvage of life, per- fdiiiied on the high seas, at a distance of more than three miles from the shore of the United Kingdom (/). lint now, " all the provisions of ' The Merchant Shipping Act, 1854 ' {m) in regard to salvage of life from any ship or boat within the limits of the United Kingdom, shall be extended to the salvage of life from any British shi}) or boat, wheresoever the serriees maij hare l)ren rendered, and from nwy foreifjn ship or boat, where the services have been rendered either wholly or in part in ]'>ritish waters" («). On the high seas. to a share of the payment of life salvage for the rescue of those on board. The Fusilier, 34 L. J. Ad. 28. (»•) 17 & 18 Vict. c. 104, s. 408. By this Act, preservation of human life is made a distinct friound of salvage reward, with ])riority over all other claims for salvage, where the property is insufficient. The ('oroniaiiilcl. Swab. 205; The Bartlry, fSwab. 199. (A-) The Cairo, L. R. 4 Adm. 186. (/) T'he Johaitnes, Lush. 182 ; Tlie Willem III., L. R. 3 Adm. 494. (?«) 17 & 18 Vict. c. 104. («) 24 Vict. c. 10, s. 9. PART XIII.— SALVAGE. 1005 Chap. II.] W/wn it is paijabh. [Sect. II. Where a ship and her crew were saved heyond British waters For saving life, from a forei^^n vessel, and tlie persons, whose lives were so saved, Avere afterwards farricd witliiu Uritisli watci-s l)y another sliip, it was held, that the first ship was not entitled nnder this section to salvage reward, as the services were not rendered wholl}' or in part in British waters (o). Salvage in respect of the preservation of the life or lives of anv Life salvage person or persons helonging to any snch {p) ship or boat as afore- JvJ/other'^ said(_/)) shall be pavable by the owners of the ship or boat in priority ''•"^'^'^^-e. and , ' ' . '■ ' may be paid to all other claims for salvage; and in cases where such ship or by Hoard of boat is destroyed, or where the value thereof is insufficient, after ccruin'cases. payment of the actual expenses incurred, to pa}' the amount of salvage due in respect of any life or lives, the Board of Trade may in its discretion award to the salvors of such life or lives out of the Mercantile Marine Fund such sum or sums as it deems fit, in whole or part satisfaction of any amount of salvage so left unpaid in respect of such life or lives {q). The Board of Trade may, out of the Mercantile Marine Fund, Tower to Board direct payment tt) be made .... for affording assistance towards *',• '^'f ''^^ *" , the preservation of life and property in cases of shipwreck and "^ salvage in T , 1 ,• 1 • ' 1 . 1 certiiin cases. distress at sea and for the grantuig rewards for the preservation of life, in such cases as it thinks fit (r). {(}) The WiUcm HI., L. R. 3 Arlm. rondorcd iu saving lifo from British 494. By 25 & 26 Vict. c. 63, s. 59, ships, shall in all British Courts be " whenever it is made to appear to held to apply to services rendered in Her Majesty, that the government of saving lifo from tlio ships of snch any foreign country is willing, that foreign country, whether such ser- salvage shall be awarded by liritish vices are rendered within British Courts for services rendered in saving jurisdiction or not." Bj' Order in life from any ship belonging to such Council of 7th April, 1804, these country, when such ship is beyond provisions have been extended to the limits of British juiisdiction, Prussian ships. Her Majesty may, by Order in (/<) See 17 & 18 Vict. c. 10-1, s. 458, Council, direct that the provisions of ante, p. 1003. the Principal Act and of tliis Act, (7) 17 & 18 Vict. c. 108, s. 459. with respect to salvage for services (;•) 17 & 18 Viet. c. 1-0, .-;. 7. .3 T 2 lOOG TA^vT XTTT.— RALYAGE. Chap. II.] Wlim if in payable. [Sect. III. Sect. 3. In faxes iiofJalVniij iritli'ui tlw Itrn prcrloiin sections. 1. The pvo]Hn'ty salvod iimst have bei-u in danger or dis- tress 1006 2. The salvors must have ren- deied actual assistance, whicli cimtributed towards saving the property in danger .... 1007 To entitle any one to salvage in cases not falling within the statutes mentioned in the previous sections, the following con- ditions must be fulfilled : — 1. The property salved must have been in danger or distress. 2. The salvors must have rendered actual assistance, which contributed towards saving the property in danger. 1. TJie propcrti/ salved must hare been in danger or diHtress. Unless a ship or cargo is rescued from some actual, probable, or imminent danger or distress, no claim for salvage service can be maintained {a). But, to constitute services rendered at sea salvage services, it is not necessary, that the distress of the sliip salved should be actual or iinniediate, or that tlie danger should be imminent aud absolute. It will be sufficient if, at the tiuie the assistance is rendered, tlie ship has encountered any damage or misfortune, wliich might possibly expose her to destiiiction, if the services were not rendered (/;). And even although a ship has sustained no real damage, and although she was not in actual danger at the time when the services were rendered to her, still, if she was in a position of reasonable ai^prehension of actual danger, assistance rendered to f'l) The Uj,nr/r, 2 IIag:g. 3 ; The lottr, 3 W. Rob. 71 ; The Alhion, Travel/erg, 3 Ilagg. 371 ; The Gia- Lush. 282, in which a ship near a cnmo, 3 Jlngg. 344 ; The Charlotte, 3 dangorouscoast in unsettled weather, W. Rob. 71; The Annapolis, Lush. witli her ground tackle disabled, was 300 ; The Alters, 21 L. T. N. S. 1^1. held to bo in a position ol' danger. {h) Z'tI)!-. Lushington, Th<- ('har- PALT XIII.— SALVAGR 1007 Chap. II.] When it is paijahle. [Skct. III. her under such circumstances will be of the nature of a salvage Proiicrty imist , , Luvc hem iu service (c). d.u.ae.- or Where the ship is iu distress, and accepts the services of "^'•"*''*'^"^- strange hands, such services will entitle to salvage, although the work done may be of no great difficulty or importance {d). Bisk to the salvors themselves is not a necessary condition to their right to recover salvage, although such risk enhances the merit of their services and entitles them to a higlier reward than they would otherwise receive (c). 2. The salrors must hare rendered aetmd assistajice, ichich confr'd>uted towards savin[i tlw propertji in danger. An attempt, by volunteers, to save a ship and cargo, however Salvors must „ . , , , ha»c rciiilcrcJ meritorious it was, will not conter any right to salvage reward, a.ssistince. unless it contributed in some degree towards the idtimate saving of the ship or cargo (/). Whether there was danger or not, or whether the peril was great or not, or whether the salvors risked their property or lives or not, — however benevolent their intentions or heroic their conduct — no salvage will be allowed, unless actual assistance was conferred. If salvors labour unsuccessfully they are not entitled to salvage reward (/). Thus, in one case, the crew of a lugger went out at considerable risk, and in severe weather, for the purpose of assisting a sliip, which Avas hi a dangerous situation. The ship had actually touched the sand, but had got free from it before the lugger approached her. It was held, that the crew of the lugger were entitled to no salvage remuneration, notwithstanding the risk they had encountered {cj). (c) rAeu4z«ecs, 21 L. T. N. S. 797; The lndl,i, 1 W. Rob. 408; The The Raikes, 1 Uagg. 24G ; TheFhan- Hunger, 9 Jur. 1I!»; 3 Xotes of Cus. torn. L. R. 1 Adm. 58. oS9 ; The Lockwooeh, 9 Jur. 1018 ; (d) The Bomarsund, Lush. 77. The Undaunted, Lush. 92; The Atlas, (e) See per Dr. Lushington, The Lush. 521 ; llie Chetuh, 38 L. J. Pericles, B. & L. SO , The ^Wden, 1 Adm. 4. Spinks, 185 ; TAc 7V((w//(7-.s, 3 Ilagg. (,y) The Uamier, 9 Jur. 119; 3 371 ; The Ebcnezer, 8 Jur. 38(5. Not<.>s of Cas. 590. (/) The Zcphjrus, 1 W. Hob. 329; 1008 TART XIII.— SALVAGE. Chap. II. ] When it is payable. [Sect. III. Salvors must luivc iviidvreti tuu-J to saviuj,-. So, in iiiiotlier case, a ship was floating, imbedded in ice, and was temporarily deserted by her crew, who feared she woukl strike niton shoals and be overwhelmed by the ice, and the l)laintirt"s boarded her and claimed salvage, on the pretence that they had cut away the ice, and it was shown, that the ship avoided the shoal by drifting in another direction, without the agency of the idaintifi's ; it was held, that the ship had not been saved by their exertions, and that they were conse(piently not entitled to salvage (//). But, in one case, it has been laid down, that where a vessel makes a signal of distress and another goes out with a bona fide intention of assisting that distress, and, as far as she can, does so, and some accident occui'S, which prevents her services being as ert'ectual as she intended them to be, and no blame attaches to her, she ought not to go wholly unrewarded (/'). But, where a salvage service is finally effected, all those, who meritoriously contribute to that result, are entitled to share in the reward, althougli the part each took, standing by itself, would not in fact have produced it (k). Thus, wliere a ship in a situation of great peril was assisted with great skill and intrepidity by smacks, but the essential service of bringing her awa}^ from the place she was in to a place of safety Mas performed by a steamer, it was nevertheless held, that the smacks, notwithstaiuling the effective service of the steamer, were entitled to a large reward {I). (A) The iJuchje Healy, 4 Wash. 651 (Amer.) ; The I'otdJdc, 1 Newberry, 130 (Amer.); Jones on Salvage, 6. In the United States, it has been (k'oifled, that in the absence of an fjxjiress agreement, the law implies that salvage services are to be jjaid for a.s such, and only upon the con- tingency of a successful result, and that, unless the property be saved in fact by those who claim as salvors, 8alva;.'e will not be allowed, however gf»od their intentions ; or, however heroic or perilous their exertions may have been. See cases cited I'ritch. Adm. Dig. 773. (») The Melpomene, L. E. 4 Adm. l.'Jl ; See 3G & 37 Vict. c. 85, s. 18. In this case, the salving ship made great efforts, and at last passed a hawser on board T/ie Melpomene, and was told it had been made fast and went ahead, but it came away and other tugs came up and salved The Melpomene, (k) The JiDifje Bastiaan, 5 C. Hob. 322; The Albion, 3 Hagg. 255; The M'ujdalen, 31 L. J. N. S. Adm. 22; The Samuel, 15 Jur. 400 ; llie Atlas, Lush. 518. (/) I'Ue (Jenessee, 12 Jur. 401. r.urr xiir.— salvage. ioo9 Chap. II.j When it is payable. [Sk<^t. III. So, where a ship got on rocks and received assistance from s,iivors must bouts, which were unable to get her oft'. A tug steamer also a-ssihstanee tried to tow her oil", but in vain. A lai-gu i)assenger steamer after- ^■''"■'' '""*"• '^ ' '^ ijuteil to wards towed her off for a few minutes, wiien the iiuwser broke and ^iiviuy. she went ashore and became a wreck, l)ut by these services, part of lier cargo to the vahie of £9,Go7 was saved. Salvage was decreed to all (m). So, in another case, the crews of a life-boat and lugger made great and meritorious efforts to save a ship and cargo, and did what possibly contributed to her ultimate preseiTation. l*art were sent ashore in the life-boat to bring off an anchor and chain. Those who were left on board were compelled to abandon her. She was afterwards found and saved by a steamer, before the life- boat could get back. It was held, that the crews of tlie life^boat and lugger were entitled to salvage {ii). So, in another case, a steam-tug, the Rcsohde, saw a ship in tlie Mersey in collision with a steamer and drifting \\\) the river, and exhibiting signals for assistance. The tug followed and tried, but without success, to get a hawser on board. The tug afterwards tried to take her in tow, and at length passed a hawser to her, and steamed ahead, but the hawser came aw'ay, not having been made fast. Other tugs tlieu came u}) and conveyed the ship into safety. A small amount of salvage reward was awarded to the lleaohite (o). If, however, the first set of salvors are unsiu-cessful in tlieir efforts, and abandon the enter}>rise, without any intention oH re- suming it, they have no claim to salvage. If such abandonment is voluntarily made, without any advantage being taken of their necessities by a second set of salvors, such second set mav inter- vene and save the proi)erty and entitle themselves to salvage to the exclusion of the first set, although tliey afterwards return and claun to re-engage in the service {ji). {m) The Santi porn, 1 Ppiuks, '231. (y») The Tmlin, 1 W. Rob. {0(5; (>/) Tlie K. V. 1 Spiuks, (V.\. Schooner Joint Wiirt^, (Amer.) 1 ((-) The Milpoinene, L. K. 4 Adm. Olcott. AiVl ; The Henry Enbunk, 131. (Amer.) 1 Siuu. HiO, 1010 PAET XIII.— SALVAGE. Chap. II.] Wlte/l if is JXIl/able. [Sect. III. Sjilvore must Though a salvage service be of short duration and only partially »>j>isuuce ' successful in the issue, yet, if the volunteer salvors render all the wbicL coum- ftsjjistance that their means allowed, tliev are entitled to salvaiie buteJ to ' .. to savui^. reuuuieration {q). It must be always remembered, that there is a broad distinction between salvors, who volmiteer to go out and assist a ship in disti'ess, and persons who are actually employed by her. Volun- teers go out at their own risk, for the chance of earning reward. If they labour unsuccessfully, they are entitled to nothing. For, as we have said, it is only the effectual performance of salvage services, which confers on such volunteers a title to reward. But, if men are actually employed and engaged by a ship in distress, tliey are entitled to be paid as in any other case of emplo3'ment, according to their efforts, even although the labour or service may not prove beneficial (r). Thus, where a ship, which had in a gale of wind parted both her anchors, requested a steamer to proceed to the nearest port and bi'iiig off an anchor and cable, and the steamer engaged two luggers for this purpose, which however did not reach the ship before she got to a place of safety, it was held, that the luggers as well as the steamer were entitled to salvage (-s). k5o, if a ship in a gale haih'd a steamer to lie by her, to take her in tow, if requu'ed, and the steamer did so, even should the ship ride out the gale safely without the assistance of the steamer, the latter would nevertheless be entitled to salvage reward {t). If, pursuant to an order from a ship in distress, services are rendered to her, and afterwards from the violence of the weather, the ship is carried away and lost, the i^ersons rendering such sei-vices would be entitled to be paid for them, and the court in awarding remuneration for them will consider the difficulty and danger, which were attendant on their performance (u). A ship, which renders assistance to another, which she has (7) Tfie H'Uitipore, 1 Spinks, 2.31. (Jt) The Undaunted, Lush. 90 ; soe (r) The Urnlaunted, Lush. 90. The I'ontiuc, (Amer.) 1 Newberry, («) The Uvdannied, Lush. 90; The 130. Prince of Walts, 6 Notes of Cas. 39. (it) The E. U., 1 Sjiiuks, 6i. PAllT XIII.— SALVAGE. 1011 Chap. II.] WJ/en it is pctijcible. [Sk..t. IV. injured in collision, cannot claim salvage reward, if the collision is caused by her default {x). But, a sliip, wliich renders salvage assistance, is not deprived of her right to reward, merely because slie belonged to tlie ov.ners of the ship, which caused the collision (y). Sect. 4. 11 Via ^ siijiials a sJt'ij) in distress must use when si(j)ialliiui fur assistance. Formerly, wlien salvors were induced, by ambiguous signals, to go out to a ship, which was signalling for assistance, disputes often arose, as to whether the ship was signalling for assistance or for a pilot, and as to whether the salvors were entitled to salvage or not (a). In order to avoid such disputes, to prevent salvors incurring danger and labour for nothing, and to enable persons at a distance to determine whether a ship is in distress or in want of a pilot, the following provisions have been recently enacted : — The signals specified in the first schedule (b) to this Act (c) Si-nals of shall be deemed to be signals of distress. Any master of a vessel wdio uses or displays, or causes or pennits any person under his authority to use or dis})lay, any of tlie said signals, except in the case of a vessel being in distress, shall be liable to pay compensation for any labour undeilaken, risk incurred, or loss sustained in consequence of such signal having been supposed to be a signal of distress, and such com- pensation may, without })rejudice to any other remedy, be recovered in the same manner in which salvage is recoverable (c). If a vessel requires the services of a i)ilot, the signals to be used and displayed shall be those specified in the second schedule [b) to this Act (g). (x) The Gloujulwr, L. R. 3 Adra. {a) See sect, o, iufra. 534. {}>) Sue iutVa, p. lUlJ. {y) The GkiKjubtr, L. E. o Adui. (') '66 & 37 Vict. c. 6d, s. IS. 534. I'j) Ibid., s. ly. 1012 TART XTIL— SALVAGE. Chap. II.] WJien it is payahh. [Sect. IV. WTiat sijriu-ils Any master of a vessel who uses or displays, or causes or per- sliip III .iL-trcss j^^jj^ ^^j^^. i)erson under his uuthoritv to use or display, any of the luust use. • i ■ i ., ' .' said signals for any other purpose tlian that of sunimoning a pilot, or uses or causes or permits any i)erson under his authority to use any otlier signal for a pilot, shall incur a penalt}"^ not exceed- ing twenty pounds (J). SCHEDULE l{c). Signals of Distress. In the dmj time. — The following signals, numhered 1, 2, and 3, when used or displayed together or separately, shall be deemed to be signals of distress in the day time : — 1. A gun fired at intervals of about a minute ; 2 The International Code signal of distress indicated by N C ; 3. Tlie distiint sigiial, consisting of a square Hag having either above or below it a ]>all, or anything resembling a ball. At iiii/ht. — The following signals, numbered 1, 2, and 3, when used or displayed together t)r separately, shall be deemed to be signals of distress at night : — 1. A gun fired at intervals of about a minute ; 2. Flames on tlie ship (as from a burning tar barrel, oil barrel, 3. Ii pilot must use. border, one lit'th of the brc;i(ltli of the Hag; or 2. The International Code i)ilotage signal indicated by P T. At night. — TJie following signals, numbered 1 and 2, when used or displayed together or separately, shall be deemed to be signals for a pilot at night, viz. : — 1. The pyrotechnic light connnonly known as a blue light every fifteen minutes ; or 2. A bright wliite light, flashed or shown at sliort or frequent intervals just above the bulwarks, for about a minute at a time. Sect. 5. What kind of scn-kes are treated as salvage serviees. The followhig services have been held to be services entitling What arc sni- , 1 Viii-'e Services. to salvage : — Supplying seamen to a vessel on the high seas, which is short- handed and in distress, or a master to a vessel on the high seas, whose master is sick or dead (a) ; — Saving lives and property on board a burning ship (b) ; — Assisting to extinguish the flames in a ship, which has taken fire by spontaneous combustion, and towing her into port (c) ; — Towing a disabled ship into safet}-^ (d) ; — Towing a ship in distress towards her port of destination for several hours, althougli parted afterwards by no fault of the salving ship, and although the salving ship did not rejoin the ship in distress, from the honest belief that further assistance was not needed (e) ; — (rt) The Roe, Swab. 84 ; The Janet {h) Tlic Eastern Monarch, Lush. Mitchell, Swab. Ill; Tlie Golondrinn, 81. L. E. 1 Adm. 334 ; The Charlotte (c) The Rosalie, 1 Spinks, 188. Wylie, 5 Notes of Cas. 4 ; The Brig [d) The Scout, L. E. 3 Adm. olL'; Alphonso, (Amer.) 1 Curtis C. C. The Collier, L. R. 1 Adm. 83. 876 ; The Geo. Xicholaus, (Amer.) 1 (e) The Netlie, 29 L. T. N. S. j16. Newb. 449. 1014 PART XIIT.- SALVAGE. Chap. II.] WJieii if is payable. [i^Ecx. V. \rhat are sal- Towiiig iiito Safety a ship lying in dock and in danger of catch- vat-e scrvK-w. ^^^ ^j^.^ from suiTOiinding warehouses which were m flames (/) ; — Saving the cargo from a ship driven on shore and wrecked (//) ; — Securing wreck, or protecting the cargo of a stranded ship hy i-emoving it to a phice of safety (/') ; — Bringing into port a derehct, or part of her cargo (i) ; — Furnishing a cahle or an anchor and chain in hoisterous weather to a ship at sea, which had slipped her cable {k) ; — Getting afloat a ship, wliich had driven ashore (l) ; — liaising a sunken sliip by means of apparatus {in) ; — Recapturing a ship from pirates (») ; — Or from mutineers (o) ; — Or from insurgent slaves (j>) ; — Or from an enemy (q) ; — Rescuing and removing into deep water a ship which was ashore and in danger of being plundered by savages (r) ; — Going near a ship in danger, and on a bank, when it Avas dangerous to attempt to get alongside, and hailing her to adopt certain measures for her safety, which were adopted by her and which contributed to save her {s) ; — Lying by a ship at anchor in a gale, at her request, and being ready to take her in tow, or to render assistance, if required (/) ; — (/) The Tees, Lu.sh. 505 ; The {n) The. Marianne, 3 Hagg. 20G ; Elronore, 33 L. J. Adm. 19. Tlie Mary, 1 W. Eob. 448. (f/) A liuft of SjMrs, 1 Abbott, (o) The Francis and Eliza, 2 Dods. 485. 115; TIte Trelawney, 3 C. Hob. 210; (A) Tiie Favourite, 2 W. Eob. 255 ; 4 C. Eob. 223. The Puriasima Concepcio7i, 3 W. Eob. (/') Tiie Trduivny, 4 0. Eob. 223 ; 1^1 ; The Caryo ex Honor, L. E. 1 Tlie Anne, 5 C. Eob. 100. Adm. 87. {) See supra, sect. 4 ; 36 & 37 {)/) Seesuiira, sect.4, ante, p. 1011. Vict. c. 85, ss. IS & 19, ante, p. 1011. (z) The Little Joe, lAish. 8S ; The (c) The Ocean, 2 ^\^ Rob. 91 ; Th'. Dusseitei, 10 Jur. 866. Carrier Pigeon, 4 (Irish) Jur. N. S. (a) The LIttk Ji»>, Lush. SO; The 99 ; Ship Artie, (Amer.) Bee. 232. 1016 PART XIII.— SALVAGE. Chaj-. II.] W/ien if is pa liable. L^kct. V. wiiat are sal- procuring assistance for a ship in distress, lie was held entitled to Tage services. , , ,v salvage ((/). So also, necessaiy services rendered by ships under orders of the salving ship, in carrying out the requests of the ship salved, are looked upon as part of the same salvage service (c). If one ship save another from an impending collision, she will be entitled to salvage, even although towing at the time (/). But where a collision happen between two ships, and both are to blame, the crew of one cannot claim salvage for rescuing cargo on board the other (tion on owners and underwriters {k). Mere transhipment is not regarded as a salvage service. But, if the cargo was in real imminent danger at the time, then such [fl) Tli£ Elimldh lllhhij, .3 (Irish) (//) The IlarnUhaJ, L. R. 2 Adm. Jur. 2.57. 53 ; The Happfio, Swab. 242. {>^) The Vnihwiitcl, Lush. 92. {i) The Ewje.ide, 'A Hagg. 159 ; 3 (/) The S'ir(ilfi. PART XIII.— SALVAGE. 1017 Chap. II.] When it is pai/abk. [Akct. \i. transhipment will entitle those effecting it to he regtirded as salvors (/). Skct. 6. The effect of the arcejitancc or re/uHdl of aas'iHtance on the rujht to sdlfiii/e. If the ship was in innuinent peril and services were successfully Not necearaTT rendered to her, it is not necessary for the salvors, in order to J^e/iK-swor or make out their right to salvage reward, to prove, that those on actei.t-ince of, ' . serrice. hoard either recpiested, or expressly accepted the assistance (a). It would be dangerous to hold, that if salvage semce be actually rendered to a ship, she could not be called uj)on to pay anything, unless it could be shown, that she either expressly re- quested or accepted assistance. In man}' cases, the urgency is too great to admit of previous discussion. If a salvor were re- quired to prove an agreement before he could recover, it is to be feared, that there would be much slackness in cases, which most require energy and activity (/>). It is sufficient, if the circumstances were such, that if an offer of service had been made, any prudent man would have ac- cepted it {}>). The owners, if present, or, in their absence, their master or Ri^ht to accept agents, have a right either to accept or refuse the assistance ^"^ ^*^ "^* of any persons, who offer to perform salvage services, or to limit such services to a certain set. and if others obtrude their assistance after notice of such limitation, tlie latter will not be entitled to salvage (c). Prior salvors have no right to interfere with the master by attempting to exclude further assistance. If they do, such mis- conduct will diminish their title to salvage (r?). (/) The Westminster, 1 W. Eob. Panfzic Padef, 3 Ilagg. 3S3 ; The 229 ; The Columbia, 3 llagg. 42S. Glasgow Packet, 2 W. Rob. 306 ; 3 [a) The AiDiajiiilis, Lush. 37o. Notes of Cas. 107. [h) See per lionl Kingsdown, The {^\^^^ f^^^. {^ certain sum, and they engage others in addition to assist, in spite of the remonstrances of the master, and when tlieir assistance was unnecessary, such others will not he entitled to salvage {e). "Where the salvors refused to quit a dismasted ship at anchor, aud ohstructed the master and agent in taking her into liarbour by a hired steamer, the Court held, that no salvage services had been rendered, and condemned the alleged salvors in costs from the time of their refusal (/). Sect. 7. 117/07? a seaman may agree to ahaiidoii Jils rhjlit to salvage. Before the passing of the Merchant Shipping Act 1854, the Court of Admiralty did not consider itself bound by any arrange- ment, that the owners might make with the mariners with respect to salvage. It was held, that the mariners were entitled to the judgment of the court, as to what it thought equitable, and as to tlie principles, which ought to govern each particular case (a). By the 182nd sect, of the Merchant Shipping Act, 1854, " every stipulation by which any seaman consents to abandon .... any riglit wliich he ma}' have or obtain in the nature of salvage, shall be wlmlly inoperative" (h). J3y the 2;3i3rd sect, of the same Act (c), "no assignment or sale of ... . salvage made prior to the accruing thereof sliall bind the party making tlie same ; and no power or attorney or authority for the receipt of any such .... salvage shall be irrevocable." lint, by the 18th sect, of the Merchant Shipping Act Amendment Act 18G2 {d), " the 182nd sect, of the principal Act (17 & 18 (e) The True Blue, 2 W. Rob. 17G ; M ; The. Zephyr, 2 Ilagg. 48 ; The 2 Notes of Ca.s. 413. (Junyes, L. R. 2 A dm, 373. (/) The niack Boy, 3 Ilagg. 386, (/>) 17 & 18 Vict. c. 104, s. 182. n. ; The Martha, Swab. 489 ; The (c) Ibid., a. 233. Drmeitpi, 10 Jur. 805. [d) 2d & 26 Vict. c. 63, s. 18. («) Th> fif'idah, 2 Notes of Cas. PART XTH.-SALVAGE. 1019 ^"^''- I^] Wlwn it is fcujcibU. [Sect. VII. Vict. c. 104) does not apply to the case of any stipulation made When a seaman by the seamen belonging to any ship, which, according to the SidoThis" terms of the agi-eemeiit, is to be employed on salvage service, with "«*'**« «^- respect to the remuneration to be paid to them for salvage services to be rendered by such ship to any other ship or ships." The Court of Admu-alty has held, upon the meaning of these sections, that not only are all agreements barring salvage wholly inoperative, but alyo that agreements limiting the proportion of salvage money are to be maintained only so far as they are really equitable {e). These sections do not fetter the discretion of the Court of Admiralty upon the subject of these agreements. The joint effect of the above clauses is to render such agreements not illegal, and to place them on the same footing as that on which they stood before anv legislation on tlie sub- ject (/). These sections do not fetter the discretion of the Court of Admiralty as to setting aside these agreements, if they are in- equitable (/). In order to deprive a seaman of his right to salvage, neither the agi-eement for the vessel to be employed in salvage semce, nor the stipulation that the seaman shall waive his claim for salvage, need be in writing, but it rests on those, who seek to dis- pute the seaman's claim to salvage, to prove, that there was such an agreement, — that tlie ship was to be employed on salvage service, — and that there was a stipulation that the seamen should waive their right to the salvage money (//). If, however, a seaman enter the service of a salving sliip under an agreement to be paid fixed wages, and a fixed rate of poundage on salvage money earned by the sliip, and the agreement does not (e) The Oamjvs, L. R. '1 Adm. 374 ; The Pride of Canada, B. & L. 208. The Enchantress, Lush. 9G. (g) The Pride of Canada, B. & L. (/) The Ganges, L. R. 2 Adm. 210; The Mary Auiw, U L. T. 1^. S. 374 ; The Pcasacola, B. & L. 306 ; So. 3 u 1020 PART XIII.— SALYAGE. Chap. II.] ^Y^len if is prn/ahie. [Sect. YII. appeal* to the court to be inequitable, of course he will be held to be bound by it (It). The Court of Admiralty will not recognise any local custom, which professes to deprive a seaman of his right to his share of tlie salvage he has assisted to earn (i). (h) The Ganges, L. E. 2 Adm. (/) The John, Pritchard's Adm. 370. Die-. S30. CHAPTER in. A WHO MAY CLAIM AS SALVOHS. Sect. 1. — General rule . .1021 „ 2. — Crew of salving ship 1022 „ 3. — Passengers on salving ship . . . 1023 „ 4. — Owners of salving ship . . . 1023 „ 5.— Crew of ship salved . 1026 „ 6. — Passengers on ship salved , . . 1028 Sect. 7. — Associated ships . 102!) „ 8. — Officers and crews of Her Majesty's ships 1030 „ 9. — Officers and men of the coastguard . 1037 „ 10. — Ship's agents , . 1038 „ 11.— Pilots . . . 1039 „ 12.— Tugs . . .1042 ,, 13.— Magistrates . . 1048 Sect. 1. General rule. The right to salvage is a right very much favoured by the General rule. law (ft). Where salvage is finally effected, all persons, who meritoriously contribute to that result, are entitled to a sliare in the reward, although the part taken by some of tliem would not of itself have produced the result (b). Thus, masters, owners, crew, passengers, and indeed all, who contribute to the salvage of a ship, are entitled to share m tlie reward when the service is completed (c). Even when the salving ship has only assisted the ship in distress, by putting on board her the second mate of the salving shi}), the owners, tlu^ master and the crow t)f the salving ship will all be entitled to share in the salvage reward {d). But, persons merely hiring labourers to assist in imloading a {(() See pe?' Mellish, Lord Justice, The Sappho, L. R. 3 P. C. 625. (6) The Atlas, 15 Moo. P. C. 329; The BosaHnd, 12 L. T. N. S. 553. ((■) The Atlas, 31 L. J. Adm. 210; 15 Moo. P. C. 329; The Glengaber, L. R. 3 Adm. 534 ; The BosaHnd, 12 L. T. N. S. 553. {d) Inf., sect. 2 ; The Golnndrina, L. R. 1 Adm. 334. 3 u 2 102-1 PAET XIIL- SALVAGE. Chap. III.] TT7/0 may claim as salvors. [Sect. II. GeucrU nUe. stranded vessel, and persons not personnlly engaged in a salvage service, but furnishing boats or other articles, are not entitled to claim as salvors, although they may be entitled to remuneration (e). Sect. 2. Crerc of salving ship. The master and crew of tlu^ salving ship are entitled to salvage remuneration in all cases, and even in those, Avhere the salving ship and the ship salved belong to the same owners, if, in the latter case, the services performed are not within the contract, into which the seamen originall}' entered with the owners, and for which they would be remunerated by their wages {a). It has been the rule of the Court of Admiralty from time im- memorial to allow that part of the crew, who remain on board the salving ship, to be considered as co-salvors, with those of the crew, who actually effected the salvage ; although the Court has repeatedly made a distinction in favour of those, who actually incrn'red the difficulty and peril of the salvage enterprise (b). Thus, if pail of the crew of the salving ship be placed on board a ship in distress, whose crew had been reduced by sickness or death or otherwise, and were therefore insuflicient to work her, the master and owners of the salving ship and all the crew, both those who remained on the salving ship, and those who went on board the ship salved, arc entitled to share in the salvage reward (c). Thus, salvage has been awarded to the owners, master, and crew of a ship, whose mate had gone on board a ship in distress on the (e) The Watt, 2 W. Bob. 70 ; The 115; The Mountaineer, 2 W. Eob. 7; (Jhurlotte, .3 W. liob. 68 ; The Vine, The Jane, 2 Hagg. 343 ; The Char- 2 Hagg. 1 ; The Aquilu, 1 C. Eob. lotte Wylie, 5 Notes of Cas. 4; The 4'), Golondrina, L. E. 1 Adm. 334 ; The {n) The Happho, L. E. 3 Adm. Charles, L. E. 3 Adm. 536. 142; affirmed on appeal, L. E. 3 (c) The Roe, Swab. 84; The Char- V. C. 690 ; The Miranda, L. E. 3 lotte, 5 Notes of Cas. 4 ; The Nicolina, Adm. 561 ; The Ukwjaher, L. E. 3 2 W. Eob. 175 "; The Baltimore, 2 Adm. 534. iJods. 132; The Charles, L. E. 3 Adm. {h) Th>' Sarah Jane, 2 W. Eob. 536. PART XIIT.— SALVAGE. 1023 Chap. III.] }Y/^Q ^^^^y daim as salvors. [Sect. IV. high seas to supply the place of the master of the latter, who had Crew of been drowned {f be detennined the crew^ of any of Her Majesty's shii)s shall be finally adjudi- without con- cated upon, unless the consent of tlie Admiralty has first been miralty. obtained, sucli consent to be signified by writing under the hand of the secretary to tlu^ Admiralty; and if any jjcrson who has originated proceedings in respect of any such claim fails to prove such consent to the satisfaction of the court, his suit shall stand dismissed, and ho shall pay all the costs of such proceedings ; provided tliat any document purporting to give such consent and to be signed by the secretary to the Admiralty shall be prima facie evidence of such consent having been given " (h). And now, ofticers and crew"s of Her INIajesty's ships, on obtaining the consent of the Achniralty, ma}^ recover salvage (c) for their personal services, although no claim can be made on account of the assistance given by the ship herself for an}' risk or damage which she incm-red (r?). And the fact, that such salvors do not risk their own property is taken into consideration by the court in fixing the amount of salvage (c). Whenever services for which salvage is claimed are rendered to Steps to be taken when any sliip or cargo, or to any part of any ship or cargo, or to any s;iivage scr- appurtenances of any ship, at any place out of the United Kingdom ^^^'^^ ^.^^^ and the four seas adjoining thereto, by the commander or crew or *J?^?'^ ^^ ^,^.'" ■f ^ ' •' Majesty s ships part of the crew of any of Her Majesty's ships, the property abroatl. alleged to be salved shall, if the salvor is justified by the circum- stances of the case in detaining it at all, be taken to some jiort where there is either a consular ofiicer or a Vice-Admiralty Court ; and within twenty-four hours after arriving at such port (h) 17 & IS Vict. c. 104, s. 485. Notes of Cas. 4. (c) The Earl of JLylinylon, Swab. {d) The Mary Pleasants, Swab. 7; The Alma, Lush. 378; The 225; 17 & 18 Vict. c. 104, s. 484 ; Louisa, 1 Dods. 317 ; The Wilsons, 1 supra, p. 1030. W. Rob. 172; The Ewell Grove, 3 (c) I'he Earlof E(/lington,S^a.h. 1; Hagg. 209 ; 'The Iodine, 3 Notes of The Alma, Lush. 378. Cas. HI; TI,r Charlofh- Wyllc, o 1032 PAET XIII.— SALVAGE. Chap. III.] Who maij claim as salvors. [Sect. VIIT. Officers and the srtid salvor and the master or other person in charge of the JkiL»jl4t'v"s '^^ jiroperty alleged to be salved shall each deliver to the consular sl>>ps. officer or vice-admii'alty judge there a statement verified on oath, specifying, so far as they respectively can, and so far as the par- ticulars required apply to the case, (1.) The place, condition, and circumstances in which the said ship, cargo, or property was at the time when the services were rendered for which salvage is claimed : (2.) The nature and duration of the services rendered : And the salvor shall add to his statement, (3.) The proportion of the value of the said ship, cargo, and property, and of the freight which he claims for salvage, or the values at which he estimates the said ship, freight, cargo, and property respectively, and the several amounts that he claims for salvage in respect of the same : (4.) Any other circumstances he thinks relevant to the said claim : And the said master or other person in charge of the said ship, cargo, or property shall add to his statement, (3.) A copy of the certificate of registry of the said ship, and of the indorsements thereon, stating any change which (to his knowledge or belief) has occurred in the par- ticulars contained in such certificate ; and stating also, to the best of his knowledge and belief, the state of the title to the ship for the time being, and of the incum- brances and certificates of mortgage or sale, if any, affecting the same, and the names and places of business of the owners and incumbrancers : (1.) The name and place of business or residence of the freighter (if any) of the said ship, and the freight to be paid for the voyage she is then on : (5.) A general account of the quantity and nature of the cargo at the time the salvage services were rendered : (0.) The name and place of business or residence of the owner . of such cargo and of the consignee thereof: (7.) The values at which the said master estimates the said ship, cargo, and property, and the freight respectively, PART XIII.— SALVAGE. ]033 Chap. III.] Who may claim as salvors. [Sect. Vlll. or, if he thinks fit, in lieu of such estimated vahie of Officers and , . , . /, crew.'? of Her the cargo, a copj'' of the ship s manifest : Majesty's (8.) The amounts which the master tliiuks shouhl ]jo paid as ^ ^^'^' salvage for the services rendered : (9.) An accurate list of the property saved in cases where tlie ship is not saved : (10.) An account of the proceeds of the sale of the said ship, cargo, or property, in cases where the same or any of them are sold at such port as aforesaid : (11.) The number, capacities, and condition of the crew of the said ship at the time the said services were rendered : (12.) Any other circumstances he thinks relevant to the matters in question : (13.) A statement of his willingness to execute a bond, in the form in the table marked W (e) in the schedule hereto, in such amount as the said consular officer or vice-admu'alty judge may fix (/). The said consular officer or judge, as the case may be, shall Consular within four days after receiving the aforesaid statements fix the ^^ firamount"^ amount to be inserted in the said bond at such sum as he thinks f^^"" ^1'"^!' ''\ bond IS to be sufficient to answer the demand for the salvage services rendered; given. but such sum shall not exceed one half of the value wliich in his estimation the said ship, freight, and cargo, or any parts thereof in respect of which salvage is claimed, are worth ; and the said consular officer or judge may, if either of the aforesaid statements is not delivered to him within the time hereby required, proceed ex parte, but he shall in no case under this act require the cargo to be unladen ; and the said consular officer may in any pro- ceeding under this act relating to salvage take affidavits and receive affirmations {g). The said consular officer or judge shall send notice of the sum On master which he has so fixed as aforesaid to the said salvor and the said i^^jjj^ ^]|g ^„y^^ master ; and upon such master executing a bond in such form as ^^ tlctcntion ^ ° _ to cease. aforesaid, with the said sum inserted therein, in the presence of {(■) See Appendix, No. 32. [u) Ibid., s. 487. (./■) 17 &, IS Vict. c. 104, s. 48G. 1034 PAET XIII.— SALVAGE. Chap. III.] TI7/0 may claim as salvors. [Sect. VIII. the said officer or judge (who shall attest the same), and deliver- ing the same to the said salvor, the right of the said salvor to detain t)r retam possession of the said ship, cargo, or property, or any of them, in respect of the said salvage claim, shall cease (/<). Provision for If the ship, cargo, or propert}^ in respect of which the claim security in the for Salvage is made is not owned by persons domiciled in Her ovmedlv*^" Majesty's dominions, the right of the salvor to detain or retam j>ersons resi- possession thereof shall not cease unless the master procures, in dent out ot . . . . , , Her Majesty's addition to the said bond, such security for the due performance omuuons. ^^ ^j^^ conditions thereof as the said officer or judge considers sufficient for the purpose, and places the same in the possession or custody of the said officer or judge, or, if the salvor so desires, in the possession or custody of the said officer or judge jointly with any other person whom the said salvor appoints for the purpose (i). Documents The said consular officer or judge shall at the earliest oppor- to be sent to . , . , England. tunitv transmit the said statements and documents so sent to him as aforesaid, and a notice of the sum he has so fixed as aforesaid, to the High Court of Admii'alty of England, or if the said salvor and the said master or other person in charge as aforesaid agree tliat the said bond shall be adjudicated upon by an}^ vice-admiralt}'^ court, to such court (A). Whom the The Said bond shall bind the respective owners of the said bind ship, freight, and cargo, and their respective heirs, executors, and administrators, for the salvage adjudged to be payable in respect of the said ship, freight, and cargo respectively (1). Court in which Tlic said bond sliall be adjudicated on and enforced by the jldic^ted o1^ High Court of Admiralty in England, or if the said salvor and master at tlie time of the exQCution of the said bond agree upon any vice-admiralty court, then by such vice- admiralty court ; and any such vice-admii-alty court may in every proceeding under this act have and exercise all powers and authorities whatsoever which the said High Court of Admiralty now has or at any time may have in any i)rocecding whatsoever before it ; and in cases where any secmity for tlie due performance of the conditions of the said {h) 17 & 18 Vict. c. 104, s. 488. (k) Ibid., s. 490. (j) Ibid., 8. 489. (/) Ibid., s. 491. PART XIII.— SALVAGE. 1035 Chap. III.] Who may claim as salvors. [Sect. VIII. bond has been placed in the possession or custody of tlie said consular officer or \'ice-Aduiii"alty judge or of such officer or judge jointly with any other person, the person or persons having the custody of such security shall respectively deal with the same in such manner as the court that adjudicates on the bond directs (jn). The said High Court of Admiralty shall have power to enforce Power of nigh any bond given in pursuance of this Act in any Vice- Admiralty jnir^uy to en- court in any part of Her Majesty's dominions ; and all courts in ^'""'^'' bonds. Scotland, Ireland, and the islands of Jersey, Guernsey, Alderney, Sark, and Man exercising admiralty jurisdiction sliall, upon ap- plication, aid and assist the High Court of Admu'alty in enforcing the said bonds {n). Any such salvor as aforesaid of any ship, cargo, or property Saving clause, who elects not to proceed under this Act shall have no power to detain the said ship, cargo, or property, but may proceed other- Avise for the enforcement of his salvage claim as if this Act had not been passed ; and nothing in this Act contained shall abridge or affect the rights of salvors, except in the cases by it provided for (o). All bonds, statements, agreements, and other documents made Documents or executed in pursuance of the eighth part of this Act shall, if d'ut^y '^"^ so made or executed out of the United Kingdom, be exempt from stamp dut}' {p). Every person who, in any proceeding under provisions con- Punishment tained in the eighth part of this Act relating to salvage by Her f^^se^repre-"" ]\Iajesty's ships, forges, assists in forging, or j)rocures to be sentations. forged, fraudulently alters, assists in fraudulently altering, ov ])rocures to be fraudulently altered, any document, and every })erson \\\\o in any such proceeding puts off or makes use of any such forged or altered document, knowing tlie same to be so forged or altered, or who in an}-- such proceeding gives or makes, or assists in giving or making, or i)rocures to be given or made, (m) 17 & 18 Vict. c. 104, s. 402. (o) Ibid., s. 494. (») Ibid., s. 49a. OO Ibid., s. 495. 3 X 1036 TAET XIII.— SALVAGE. Chap. III.] Who may claim as sahws. [Sect. VIII. any false evidence or representation, knowing the same to be false, sliall be punishable with imprisonment, with or without hard labour, for an}"- period not exceeding two 3'ears, or if sum- marily prosecuted and convicted, bv imprisonment, with or without hard labour, for an_y period not exceeding six months (q). Sahdfic, General. Voluntary "Whenever services for whieli salvage is claimed are rendered mn"ie°thich either by the commander or crew or part of the crew of any of Her sh.aii have the Majesty's ships, or of any other ship, and the salvor voluntarily same effect as *^ ' the Una above agrees to abandon his lien upon the ship, cargo, and property alleged to be salved, upon the master or other person in charge thereof entering into a written agreement attested by two wit- nesses to abide the decision of the said High Com"t of Admiralty or of any Vice-Admiralty court, and thereby giving security in that behalf to such amount as may be agreed on by the parties to the said agreement, such agreement shall bind the said ship and the said cargo and the freight payable therefor respectively, and the respective owners of the said ship, freight, and cargo for the time being, and their respective heirs, executors, and adminis- trators, for the salvage which may be adjudged to be payable in respect of the said ship, cargo, and freight respectively to the extent of the security so given as aforesaid, and may be adjudi- cated upon and enforced in the same manner as the bonds j)rovided for by the eighth part of this Act in the case of detention for salvage services rendered by Her Majesty's ships ; and upon such agreement being made the salvor and the master or other ])erson in charge as aforesaid shall respectively make such state- ments as are hereinbefore required to be made by them in case of a bond being given, except that such statements need not be made upon oath ; and the salvor shall as soon as 2>racticable transmit the said agreement and the said statements to the court in which the said agreement is to be adjudicated upon (r). (ry) 17 & 18 Vict. c. 104, .s. 4!i(J. (r) Ibid., s. 497. PAET XIII.— SALVAGE. KlS"; Chap. III.] Who may claim as salvors. [S^ot. IX. By an oider of the Board of Admiralty of tlie 30tli January, 1852, officers of Her Majesty's ships are directed not to claim for salvage services, unless the service was really important or accompanied with hazard (.s). Sect. 9. ('(Xistciaardsmen. Officers and men of tlie coastguard are entitled to salvage reward for salvage services, although it is part of tlieir duty to the public to save life and property, if they incur risk or undertake labours beyond the scope of the duties imposed upon them by law (rt). It is provided, that " in cases where services are rendered b}' Remuneration officers or men of the coastguard service in watching or protecting coast<'uard! shipwrecked property, then, unless it can be shown that such services have been declined by the owner of such projierty or his agent at the time they were tendered, or that salvage has been claimed and awarded for such sendees, the owner of the ship- wrecked property shall pay in respect of the said services remune- ration according to a scale to be fixed by the Board of Trade, so however that such scale shall not exceed any scale by which pay- ment to officers and men of the coastguard for extra duties in the ordinary service of the Commissioners of Customs is for the time being regulated ; and such remuneration sliall be recover- able by the same means and shall be paid to the same persons and accounted for and applied in the same maimer as fees re- ceived by r(>ceivers app<^inted under tlie ^ItM-cliiint Shipping Act, 1854 " {/>). (a) And see The Rapid, 3 Iliigg. 394 ; The Cliffon, 3 Hagg. 117; The 421 ; The Francis . The Charles Adolphe, Swab. 153. (6) The Jlarbi'iujer, 16 Jur. 729. (e) The Ellora, Lush. 550 ; The (c) The huheUa, 3 Ilagg. 427. Batavier, 1 Spiuks, 109, (d) The Reward, 1 \V. liob. 174 ; I'Airr XI I r.— SALVAGE. 1043 Chap. III.] Who may claim as salvors. [Sect. XII. sent on shore and engaged a steamer, which towed her to an When u^ are anchorage. Tlie steamer was hekl entitled to salvage (/). saiva"e. But, where a steamer was employed under an agreement to tow a shi}), whicli was somewhat disaV)led l)ut not in danger, and the steamer towed eleven hours and was tlien ohliged hy a gale to quit the sliip in a position of great peril, and the ship was suhsequently saved by her own resources, and it was not proved, that the towing had contributed to her safety, it was held, that no salvage service had been performed, because the steamer had not saved the ship (fj). When a steamboat engages to tow a vessel for a certain remune- ration from one point to another, she does not warrant or engage, that she will be able to do so and will do so under all circum- stances and at all hazards ; but she does engage, that she will use her best endeavours for that purpose and will bring to the task competent skill, and such a crew, tackle and equipments, as are reasonably to be expected in a vessel of her class. She may be prevented from fulfilling her contract b}^ a vis major, by accidents, which were not contemplated, and whicli rendered the fulfilment of her contract impossible, and in such a case, by the general rule of law, she is reheved from her obhgations. But, she does not become relieved from her obligations merely because unforeseen difliculties occm- in the completion of her task, or because the performance of the task is temporarily in- terrupted, or because it cannot be completed in the mode in which it was originally intended, as for instance by reason of the breaking of the ship's hawser, or because the execution of it has turned out more difficult than was anticipated at the time of making the conti'act. But if, in the discharge of the towing engagement, the ship in tow is placed in danger, either by sudden violence of winds or waves, or by other accidents, and the towing vessel inciu-s risks (/) The Isabella, 3 Ilagg. 427; (//) T/w Kdu-anl Hawkins, Liish. The Beulah, 2 Notes of Cas. 61 ; The bio ; iiffixmed ou appeal, Ludh. 517. Red Rover, 3 W. Eob. loO. 1014 TART XITL— SALVAGE. Chap. III.] Who may claim as salvors. [Sect. Xll. When tugs jire juul porfoniis duties, which "svere not within the scope or contem- salvafc'c. I'latiou of her oriuinal engagement, she is entitled to additional remuneration lor lier additional services, if the ship towed be saved, and in such cases, the towing vessel may claim as a salvor, instead of being restricted to the sum stipulated to be paid for mere towage. Whether the circumstances in a particular case, are sufficient to turn towage into salvage services, is often no doubt a difficidt question. If the danger, from which the ship has been rescued, is attri- butable to the fault to the tug — if the tug, whether by wilful misconduct or by negligence, or by the want of that reasonable skill or equipments, which she implicitly undertakes to provide, has occasioned or materiall}^ contributed to the danger, she can have no claim to salvage. She will not be permitted to profit by her own wrong or default. When it is remembered how much in all cases — how entirely in many cases — a ship in tow is at the mercy of the tug ; how easily, with the knowledge which tlie crews of such boats usually have of the waters on which the}' pi}', they may place any ship in their charge in great real or apparent peril ; how difficult the detection and exposure of such a crime must be and how strong the temptation to commit it, it is plain, that sucli cases require to be watched with the closest attention and jealousy {h). When a steamer engages to tow a ship from one place to another, the steamer undertakes the chance of being delayed and inconvenienced Ijy bad weather ; but slie does not undertake the chance of the wind or weather being sucli as to compel her to abandon her undeiiaking (i). When the master of a steamer engages to tow a vessel, it is upon tlie supposition tliat the Avind and weather and the time for (A) See jtp.r Lord Kingsdown, Tlie L. E,. 1 Adiu. G8 ; TJie J. C. Potter, Minmhaha, LxL'ih. 3;3.3 ; I'lic Anna- L. E. 3 Adm. 292 ; The Waverhy, juJis, Lu^h, 353 ; The Julia, Lush. L. E, 3 Adm. 369. 224; The Saral(jG1 ; The (n) The Gakiiea, Swab. o49. Minnehaha, Luah. o4S ; The J. C. {«) The Saradxja, Lush. olS. 1040 TART XIIL— SALVAGE. Chap. III.] ^fJio may claim as salvors. [Sect. XII. When lugs .ire for her own safety was obliged to let go A, which then drifted saJra.^ ** upon another vessel B. The tug afterwards came up and towed A into safety, and afterwards returned and towed B (at her request) into safety, B being then in collision with another vessel. It was held, that the tug was entitled to salvage from B but not from A {p) ; — AMiere shortly after tlie tug had commenced to tow, owiag to the violence of the wind, the hawser broke and the ship drifted over a shoal into a place of danger, and the tug got out her own hawser and attached it to the ship and with the assistance of another tug manoeuvred the ship, so as to prevent her getting fast on the bank and eventually succeeded in towing her safely into her port {q) ; — "Where during the performance of a towage service a hurricane arose and both vessels were in serious danger, and the tug, at great i>eril to herself, continued to tow the ship during the hur- ricane and so prevented the ship drifting upon a lee-shore, and the wind soon afterwards falling the tug brought the ship into port (r) ; — AN'here a tug was engaged to tow a ship from the North Fore- land to Gravesend. Both vessels anchored in Princes Channel to await tide. At night, a gale arose and blew the ship to sea, after the loss of her ancliors and damage. Tlie tug was forced tli8, Lush. 355. 292. (7) The Minnehaha, Lush. 335. (») The Albion, Lu(rh. 282. r) The J. C. I'oUer, L. E. 3 Adin. TAUT Xrrr.— SALVAGE. 1047 Chap. III.] Who may claim as salvors. [Sect. Xll. but imsuccessfullv, to get her off that tide. Tlie next tide, the When tu^s are entitled to tug got her off and took her to Deptford. She was held entitled salvage. to remuneration be5'ond tlie £16 {t). But, where a shij) was being towed and a second tug was engaged to assist in towing lier to a pier head, and the shij) grounded, but was towed ofi" by the tugs in a few minutes, and then docked ; it was held, that the second tug was not entitled to maintain a claim for salvage, as the tug had not " incurred any risk or performed any duty, whicli was not within tlie scope of her original engagement " {ti). If, at the time the towage agreement was entered into, there was a concealment, even though unintentionally, of a fact which was material for the consideration of the tug in entering into the agreement, and which, if known, could have had an operation on the agreement about to be entered into, the court will not enforce the agreement {x). If the shi}) towed is in a damaged condition and her master does not disclose such fact to the tug, such concealment may entitle the tug to repudiate the towage agreement and to sue for salvage {if). To justify such repudiation however, there must have been a deliberate concealment, prior to entering into the agreement, of circumstances of importance, as would justify the parties wlio signed the agreement in saying " we laboured under deception practised upon us" (^;). There is no obligation however upon the master of the sliip to point out to those, with whom he is about to contract for assistance, every circumstance that has occurred during the voyage {a). (t) The WiUmm Brandt, 2 Notes TJie Kingalork, 1 Spinks, 265. of Cas. Supp. Ivi. (i/) The Ki)i. (A) Th- Ch'irloile, 2 Hagg. 361 ; PART XIII.— SiVLVAGE. 10.55 Chap. IV.] What claim salvors Juwe ivhere there are several sets. [Sect. III. our great mercantile navy, if it were laid down, that the first When a second salvors should have a ri^lit to prevent others assisting, and claim ^^^.^y iuuiicic to perform tlif duty themselves, when they were evidently n<»t equal to it. Sect. 3. Wlien the first set abandon the enter2>r'tse. If the first of two sets of salvors abandon the enteiprise without any intention of resuming it, and the second set afterwards enter upon the sen-ice and bring it to a successful issue, the second set will be entitled to the whole salvage, and the fii-^t set will be entitled to nothmg(a). Thus, in one case, a ship got on the sands. A boat's crew came off from land and offered them help, which was accepted. They were occupied for a day in trying to get her off, but without suc- cess. Afterwards they left the ship, taking wdth them the whole of theu' crew and without expressing any intention of returning. The ship was then derehct on the sand, and w'as boarded by a second set of salvors, who succeeded in getting her off". Wliilst the second set were so engaged, part of the fii-st set returned and claimed a right to render assistance. The second set refused to permit them to do so. It was held, that the first set had aban- doned and were not entitled to salvage, and that the second set were justified in resisting their claim to render assistance (h). If, however, the first set leave the ship for the puri)ose of pro- curing assistance, and without any intention of abandoning the salving enterprise, and another set take the ship hi hand and rescue her, salvage may be awarded to the first set for any beneficial services they may have rendered to the ship (c). (a) The India, 1 W. Eob. 406. See also The John Wuriz (Amer.), (b) The India, 1 W. Hob. 406; Olcott. 462. The Cosnwpolitan, 6 Notes of Cas. (c) 'The E. U., 1 Spinks, 63; 'The supp. xvii. ; The Clarissc, Swab. llii). Jon(je Bustiaan, 5 C. Eob. il'l. CHAPTER V. WHAT AMOUNT WILL BE AWARDED TO SALVORS. Sect. 1. — A^'llo^e no agreement ■was entered into be-, tween tlie salvors and the salved . . 1056 „ 2. — Where an agreement ■was entered into be- tween the salvors and the salved . 1062 Sect. 3. — How the value of the property salved is estimated, for the purpose of calcu- lating tlie amount of salvage . .1067 When Court Anxsil will inUjrfert- in •jii' -tion.'i of auiouiit. Sect. 1, Where no agreement 2ras entered into hetween the salvors and tlie salved. All owners of ships and cargoes and all underwriters are interested in adequate and liberal remuneration being paid for salvage senices, in order to encourage salvage efforts, and none are more interested than the underwriters of the cargo (a). AVhere no agreement was entered into prior to tlie performance of the salvage services as to the amount to be paid for them, the amount of salvage to be awarded to the salvors is a matter, which rests entirely in the discretion of the court, after a review of all the circumstances of the case (h). of The Court of Appeal will not interfere with the decision of the court below with respect to the amount of salvage to be awarded, unless, in the judgment of the Court of Appeal, the judgment of the court below is clearl}' erroneous and greatly in excess or greatly deficient, and the justice of the case has not been attamcd (c). («) The Fusilier, B. & L. 347. {h) The Salacia, 2 Ila^'g. 264; The Irtfhidry, 3 Hagg. 204 ; (Jore v. Bdhd, 12 Moo. P. C. 189 ; The Scindia, L. E. 1 P. C. 241 ; The True Blue, L. E. 1 P. 0. 250. (c) See per Mellish, Lord Justice, The Sappho, L. E. 3 P. C. 695 ; Gunn TART XIII.-SALVAGE. 10o7 Chap. V.] What amount luill he awarded to salvers. [Here. L Unless tliere is a considerable difference between the view of where there the coui-t bel(nv and that of the Court of Appeal, as to tlie amount ment"be'^een which ou'^ht to be awarded, the Court of Ai)i)eal will ncjt interfere tJ'c ^ilvors ^ ' ^ ^ . , and the salved. with the judgment of the court below, upon what is after all oidy a question of mere discretion (d). But, if in tlie judgment of the Court of Appeal, the amount awarded by the court below is either greatly in excess or greatly below what it ought to be, the Court of Ajjpeal will exercise tlicir own judgment as to the proper remuneration to be awarded to and apporfioned among the salvors (e). In estimating the amount to be paid, the courf will take into consideration the state of the weather at the time the services were rendered ; the degree of risk and peril incurred by the salvors ; the degree of labour and skill exerted by them; the value of the ship, boats, and other property employed m the salvage service ; the time occui)ied by such services ; the mode in which they were performed ; the injury and loss, if any, occasioned to the salvors ; the degree of promptitude with which the services were rendered ; the degree of distress and danger incurred b}' the ship and cargo salved ; the damage suffered by them ; the value of the property saved ; and whether human life was saved. Where all these conditions exist, a large and liberal reward is given, not measured merely by the amount of work and labour actually done ; but where none or scarcely any of these conditions exist, the compensation granted will be little more than mere pay- ment for work and labour (/). V. Brun, 12 Moo. P. C. 341 ; Green Sarah, 1 C. Eob. 312 n. ; seo per V. Bailey, ibid., 346; The Scindia, Sir John Nichols, The Cli/ton, 3 L. R. 1 P. 0. 241 ; The True Blue, Hagg. 120 ; The Citi/ of Eduibunjh, L. E. 1 P. C. 250 ; The Chetah, L. 2 Hagg. 334 ; The Hector, 3 Hagg. E. 2 P. C. 205. 95 ; The Swell Grove, 3 Hagg. 221 ; (d) See per Lord Justice James, The Industry, 3 Hagg. 204 ; The The Glenduror, L. E. 3 P. C. 592 ; William Beckford, 3 0. Eob. 355 ; The Clarisse, 12 Moo. P. C. 344; The Chetah, L. E. 2 P. C. 205; The The Carrier Dove, 2 Moo. P. 0. N. S. Emjnre Queen, 19 L. T. N. S. 576 254. (Irish) ; The True Blue, L. E. 1 P. C. (e) The Chetah, Jj. E. 2 P. C. 205; 250; The Glenduror, L. E. 3 P. C. The Glenduror, 1j. H. 3 F. G. 592. 589; The Otto Hermann, 33 L. J. (/) See per Lord Stowoll, The Adm. 189, 1058 TAET Xm.— SALVAGE. Chap. V.] ]]liaf n))wi/nf iriU he a/rarded to salvms. [Sect. I. ^Vhere there It is for the interest and security of commerce and navigation, m^nt"be1Sen that it shouM be generally known, that the amount of service the salvors and j.pj^^pj.p^l -^ j,,^^ ^jj^^ ^^^^\y ^j. proper tost, by wliich the amount of the salvcil. salvage reward is estimated, but that the court will grant to suc- cessful salvage an amount which much exceeds a mere remu- neration i'oY wcn-k and labour, in order that salvors should be enciniraged to run the risk of such enteiin-ises, and to go promptly to the succour of lives and vessels in distress (//). Value salved. The court Usually gives a smaller proportion of the value of the property saved, where such value is large, and a larger pro- portion, where such value is small ; because the award of a small proportion in cases of small value would not hold out a sufficient encouragement to salvors, whereas in cases of considerable value, a smaller proportion would afford no inadequate compensation (Z/). Puration of The valuc of the services rendered are not measured by the "'■''*^- length of their duration, for it is of great importance and value to projierty salved, that the services should be performed with celerity (i). If the salvage semces are well performed, the court will treat the shoi-tncss of the duration of such services as an element of merit, in estimating the amount to be awarded (k). Tlie court, however, discourages all exorbitant demands, and as far as it can, prevents undue advantage being taken of cases of distress, but when salvors act honestly and fairly, they will be liberally rewarded, without a minute inquiry into the amomit of labour they expended (Z). Dam-igc or loss "SVhere the salving ship sustains damage or loss by rendering tosaMngB ip. gjj|^,^gg sen-ice, the court generally awards to the owner, in ad- {ff) The Sarah, 1 C. Rob. '31:5 n. ; I/•) Tlie United Kingdom., 14 L. T. The Clifton, 3 Ilagg. 117 ; The Otto N. S. 833. Hermam,, -.',?, L. J. Adm. 190; TIlc [l] Thellcdor,^ Ilagg. 95; The fusilier, B. & L. 347. William Btckfurd, 3 C, Kob. 355. {h) Ptr Lord BtowoU, The JJlcndc/t PART Xni.- SALVAGE. 1059 Chap. V. ] Wfmt amount toill be awarded to salvors. [Sect. I. dition to the salvage, a reasonable compensation for such damage Where there or loss, and tor the loss ot the ship s services whilst undergoing ment between repairs (m). She Slved '*"'* Thus additional salvage has been decreed in the followinji cases : — Where a whaler was detained and consequently incurred risk, damage, and expense by the salvage sen-ices rendered hy lier (n) ; — Where the salving vessel was engaged in tlie sealing trade, and lost the sealing season (o) ; — Where a steam vessel carrjdng mails and passengers delayed or deviated from her usual employment to perform salvage services and suffered loss or risk from the delay so occasioned Q>) ; — Where ordinary fishing smacks were detained fi-om their regular employment {q) ; — Where the cargo of the salving ship was injured by the delay occasioned b}' the performance of salvage services (r) ; — AVhere the salving ship leaves a lucrative employment to render salvage services in cases of imminent danger, the amount of gain she would have made will be taken into consideration in estimatincf the amount of salvage (.s) ; — Where the salvage ship runs the risk of forfeiting her policy of insurance, or of becoming liable to the owners of the cargo by reason of the delay or deviation, or by reason of rendering herself short-handed by sending some of her crew on board the salved ship (0- (m) The Spirit of the Age, Swab. (s) Tlie Louisa, 3 W. Eob. 99 ; 286 ; The Saratoga, Lush, 318 ; The The Nicolai Heinrich, 17 Jur. 329. Martha, 3 Hagg. 434; The Jane, 2 {t) The Sir Ralph Abercrombie, L. Hagg. 338 ; The Salacia, 2 Hagg. R. 1 P. C. 454 ; The Scvndia, L. R. 262; The Hotvthandel, 1 Spinks, 25. 1 P. C. 241 ; The Ahtheia, 13 W. R. («) The Jane, 2 Hagg. 343. 279 ; The True Blue, L. R. 1 P. C. (o) The Salacia, 2 Hagg. 271; The 250. Oscar, 2 Hagg. 261. ^Tiether a departure from the (p) The Martin Luther, Swab. direct coiu'se of the voyage for the 286 ; The Caroline, 2 W. Eob. 125 ; purpose of saving either life or pro- 2'he Sir Ralph Abercrombie, L. E. 1 perty is such a deviation, as would P. 0. 454. discharge the undei-writers, is, to {q) The Nordcn, 1 Spinks, 185. the disgrace of oui" English law still (r) The Ilowthandcl, 1 Spinks, 25. a doubtful point. See Arnould on 1060 PART Xni.— SALVAGE. Chap. V.] What amount will he awarded to salvors. [Sect. I. AVLcre there wjjs no a^n^e- nicut lietwccn Life salvage. The salvors of liuiium life are generally liberally rewarded [u), and liberal reward is given in the case of the salvage of a steamboat tlie salvors and cjuTving passengers {x). the salved. . >- x . „ . . However great may be the danger to property, ii it is unattended with risk to human life, the salvage of such property receives much less reward, than when human life has been saved. If human life has been saved, the salvage reward is considerably increased by such circumstance {y). Life salvage has precedence over all other salvage claims {z). The remuneration of service in life salvage does not rest upon a consideration of any direct benefit conferred upon those, upon whom there falls the liability to pay, but rather upon the interest which the community has in encouraging the efforts of salvors to save life ; and upon this ground, the owners of cargo on board a salved vessel, are liable to a share of the payment of life salvage for the rescue of those on board («). The value of the propert}', to which the services have been rendered, is specially taken into consideration by the court, in estunatmg the reward to be given. The greater the value of the prr;/r, Swab. 368 ; 10G4 TAET XIII.— SALVAGE. CuAP. v.] ]]liat amount ivill be awarded to salvors. [Sect. II. "U'here there But it seems, that the master is not an agent for the owner iu«.t' u-iweeu ^oY such a purpose, ^vhen the owner is at hand and gives him no the siilveil. . V / The master is on sea and on land an agent for the crew to bind them by agreement in respect of salvage compensation (/,:). How far But, such an agreement entered into by the master of the salving binjThe'crew. s^hip, although it may bind his own interest and that of his em- ployers, will not be conclusive on the rest of the crew, if made Avithout their privity, sanction or concurrence (l). An agreement with part of the crew of the salving ship is not binding on the others, who have not either entered into it tliem- selves or by a duly authorized agent, or subsequently ratified or assented to it (in). Howfarow-ners And such an agreement between the owners of the salving ship mju-^tcre and '-^^^^^ the salved ship will not l)ind the master and crew of the *^'''''^*'- salving ship, who acted under the personal direction of the owner of such ship, but were not parties to, or cognizant of such agree- ment (h). Such an agreement need not be in writing (o). If the agreement to fix the amount of salvage reward has been deliberately entered into at the commencement of the danger by competent parties, the court will not allow it to be set aside, merely because the execution of it has turned out more difficult than was anticipated at the time of making the contract, or that it was a losing bargain for the salvors {p). So, if the master and crew of the salving ship enter into an agreement to render assistance to a ship in distress, for a specified sum, the owner of tiie salving ship cannot claim additional com- Tlie Cms V., Lush. .'58'} ; The Firefly, Notes of Cas. 361. Swab. 240 ; The Elise, Swab. 4-10. (o) The Firefly, Swab, 240. (0 Tlie Eliae, Swab. 440. \i>) The True Blue, 2 W. Eob, (/.•) 77tc £Zwe, Swab. 440. ISO; The Firefly, Swab. 240; The (/) T/ie Britain, 1 W. Eob. 40; Jonrje Andries, Swah. 226,303; The The Surah Jane, 2 W. Rob. 110. Cato, 35 L. J. Adra. 116 ; The Nuova (m) The Cliarhtte, 3 W. Eob. 74; Loaurse^ 17 Jur. 263; The Waverley, The Hansome, 3 (Irish) Jur. 258. L. E. 3 Adm. 369. (») 77(6 William Lushinyton, 7 PART XTTI.- SALVAGE. 10G5 Chap. V.] What amount will be awarded to salvors. [Sect. II. pensation for loss occasioned Ly the delay caused by fulfilling such Where there , . was an agree - agreement {q). nient between In order, however, tliat such an agreement should Le binding, ^^'^j t'Jj^^'!"^ j it is necessar}' that the parties should have a clear understanding of its terms, and a competent knowledge of all material facts which affect the salvage service, that the sum should be specified, and that the agreement should be explicit in its terms (r) . Thus, an agreement by the officer in command of the ship salved, acknowledging the receipt of men and undertaldng " to pay all expenses attached thereby, as ni}^ vessel is in distress for want of men," is not an agreement that will oust the right of the salvors to salvage reward (s-). When the master enters into such an agreement, he should Concealment 1 1 J • 1 c 1 • 1 ;. ot" material take care not to conceal any material lact relating to the state ot facts. the ship, wliich affects the salvage service, as such concealment might invalidate the agreement altogether, but it is not necessary for him to point out every immaterial circumstance that has occurred during the voyage (i). If the master gives a false description of the damage done and of the difficulties under which his ship labours ; — if he conceals the leaks which he knows to exist ; — if he misrepresents the number of his anchors and cables, or his means of supplying any want ; — this would be a fraud, wliich would invalidate the agreement with the salvors ; for the grounds upon which they make their agreement and calculate their remuneration are, the extent of danger to wdiich the property to be salved is exposed, the degree of labour they will have to undergo, the risk to which they may be exposed and the length of time during which they may be occupied in the service (■«). But, such an agreement will be upheld, even although the master (f/) The Catherine, (> Notes of Cas. 536. Supp. 51. {t) The Jovge Andries, Swab, 227 ; (r) The True Blue, 2 W. Rob. 180; The Eingalock, 1 Spinks, 2G5 ; The The Graces, 2 W. Rob. 294; The Briton, 5 (Irish) Jur. 170; The WiUiani Lushington, 7 Notes of Cas. Ilcnri/, 15 Jur. 183; The Cunova, L. 361 ; The Canova, L. R. 1 Adm. 50. R. 1 Adin. d(i. (s) The Charles, L. R. 3 Adm. {u) The Ilenrij, 15 Jui-. 183, lOGG PART XIII.— SALVAGE. Chap. V.] W/iaf amount will be aivarded to saloors. [Sect. II. Where there has falsely represented the cargo as heing of much less than its Was M\ ai;ret.'- i i ' \ lueiit iHJtween ival value (.J). the s:uvi)i>s '^-^^ c'ourt will not enforce such an ngreenient, if it was obtained auu tue salved. ~ When Court bv iVaml or compulsion {y) ; — foive"u'ree- ^^' ^^ ^^^® master has improperly or recklessly contracted to pay iiicut. ^]j^ salvors a grossly exorbitant demand {s) ; — Or if the agreement is clearly unjust or inequitable towards the salvors {a) ; — Or if the agreement is iov the salvage of the ship irrespective of the cargo on board (/;) ; — ( )r if the agreement was cancelled by the mutual consent of those who entered into it (c). If such an agreement is set up, the burden of proving it is on the person who alleges there was such an agreement {d). AVhcn the execution of such an agreement has been once proved, it is piima tacie valid and binding on the parties to it, and if any of them dispute its validity, the burden of making out such in- validity is on those disputing it (c). So also, the owner of the salved ship cannot refuse to pay the amount stipulated for, merely on the ground that tlie salvage services were attended with less diiiiculty than had been anticii)ated (/), "Where a steamer assists a shiji in distress, under a stipulation to reimburse all expenses arising from damage to the steamer or [x) The Jlcnry, 1-3 J ur. 184. 353; The Waverhij, L. E. 3 Adni. (j/) The Crus v., Lush. 583; The 377. liejnihe, 2 W. Eob. 39G ; The Helen (h) The Wedmhister, 1 W. Eob. uri'l (jeor(ie, Swab. 368 ; The Henry, 235. In such case the Court wiU l.j Jur. 183 ; The Generous, L. E. 2 refuse to award any salvage. Ibid. Adm. 57. ('■) ^'''"' '^wwi'"'^, 15 Jur. 407; The (z) The Theodore, Swab. 351 ; The Africa, 1 Spinks, 299 ; The Betsy, 2 Jlelen and George, Swah. Sm. W. Eob. 172; The Itepulse, 2 W. (a) The Phantom, L. R. 1 Adm. Eob. 397. 58; The True Blue, 2 AV. Eob. 17G ; (d) The Graces, 2 W. Eob. 297; The Enchantress, Lush. 93 ; The The Resultutet, 17 Jur. 353. British Empire, 6 Jur. 608 ; TIlc (e) T/ut Helen and George, Swab. Silver Bullion, 2 Spinks, 70; The 369. Firefly, Swab. 240 ; The Helen, (/) The Helen and George, Swab. Swab. 368 ; The Eesultatet, 17 Jur. 368. PAIIT XI II. -SALVAGE. jocj Chap. V.] What amount will be awarded to salvors. [Skct. III. her stores, it was held, that such stipuhition did not prevent the oflicers and crew, who performed the service, churning salvage remuneration {iflniolcd, for tJic purpose (>/ cdlcidating the amount of sale ay i\ In ascertaining the value of the property salved, for the i)urpose of ascei-taining the amount to whicli the salvors are entitled, the general rule in, that the valuation shall he taken at the port, at whicli the salvage services concluded. Salvors suing here are entitled to the same amount of salvage, as if they had sued in the port where their services terminated {a). The value of the property is to he taken at the time, when the ship is first hrought into safety, and not at any subsequent period {h). In estimating the value of recaptured property, the rule is to take the value, not at the time of capture, hut at the place of restitution (('). In estimating the amount of salvage to be paid on freight, where the services of the salvors terminate before the completion of the voyage, the court treats the freiglit as divisible and as though a pro rata freight were payable at the intermediate port, and reckons the value of the freight salved according to the pro- portion of the voyage wliich has been completed, and the other equities of the case {d). In ascertaining the net value of the property salved, all necessary expenses of salving the property, or of bringing it into jjort, or of a valuation and sale, or of iuiship})ing and storing tlie cargo, or of- preserving it from destruction, aiul all tiie usual allowances in respect of cargo and freight, and as a gi'ueral rule (//) The Luster, 3 TIagg. 154. Norma, Lush. 1'24. (<() The Georc/e Dean, Swab. 290 ; (/)) The Stella, L. R. 1 Adm. UO. The Prayress, Edwards, 210; The {<■) The Pi-oyress, 'Edwards, 2'22. Eiideavnur, 6 Moo. P. C. G, 334 ; The {tl) The Noriu((, Lush. 124. 1068 PART XIII.— SALVAGE. Chap. V.] 117/^/ omount will he awarded to sahws. [Sect. III. How the value all the expenses \\'liich were necessaiy, and b}' wliicli all parties of the pn>iK;i tv . -r-.ti- i t/>,i ii saJvetl is " niterested ui the ship and cargo were benefited, are to be estiimiU'd. aeduoted from the gross value (e). So, the expenses incurred by the salvors in salving a ship, such as pumping, watching, Sec, will, if paid by the salvors, be allowed to them as expenses, independently of salvage, and will be deducted from the value of the salved property in assessing the salvage reward (/). But, no deduction is allowed for a bottonuy bond executed before the property was salved (g) ; nor for necessaries supplied, or wages due before such event {[/) ; nor for money paid by the owners of cargo on account of freight {li) ; nor for primage or insurance ; nor for the expenses of prosecuting persons, who had forcibly dispossessed the salvors (i). "SVhere, however, a bottomry bond is given and wages are earned subsequently to the salvage, tliej- should be deducted from the value of the property as against the salvors, as without them, the property would not have been brought home in safety (k). As a general rule, the salved are called upon to state the value of their property, and if the salvors are dissatisfied with the estimate, they ma}' obtam a commission of appraisement, and if it be thereby proved, that the salved have not stated the true value, the salvors are entitled to the costs of the appraisement (^). Rwc-ivcr of AVlienever an}' salvage question arises, the receiver of wreck for ri!^^>iiit."a^ tlie district may, upon application from either of the parties, ajijjoint a valuer to value the property in respect of which the salvage claim is made, and shall, when the valuation lias been (e) The Watt, 2 W. T.ol). 71 ; The Tie Charlotte Wylk, 5 Notes of Cas. Samuel, 15 Jur. 407 ; T/ie Hehe, 7 4; TJie Westmhister, 1 W. Eob. 2;«; Notes of Cas. supp. iii. ; The Simp- The Norma, Lush. 121. son, .3 (Irish) Jur. 270 ; The Peace, (i) The Fleece, 3 W. Eob. 282 ; 7 Swab. 110; The Paul, J j. T^. 1 Adm. Notes of Cas. 537; The Charlotte 57. Wylie, 5 Notes of Cas. 6. (/) The Le Jones, 27 L. T. N. S. (Jc) The Selina, 2 Notes of Cas. 387. 18. (rentices . . 1073 3. Persons assist- ing . . . 1074 4. "Where there are several sets of salvors . . 1075 5. Officers and seamen of Royal Xavy and coast- giiareral scale, because their "'cn, ami api)renticc8. services are generally less efficient than tlie semces of the crew {c). So, a manager of a steamship company, who superintended the rendering of salvage services by a ship Ix-longing to the com- pany, was allotted a larger share of the salvage than any of the others engaged in the service {d). 4. Where there are several sets of salvors. Where several sets of salvors are held entitled to participate (c) in the salvage which is awarded, the amount, which each set ought to obtain, is a matter entu'ely within the discretion of the court. But, where from the necessit}'^ of the case, or from other circumstances, the interposition of subsecjuent salvors is accepted, or is justifiable and proper, they will be entitled to a share of the salvage reward, according to the value of their respective services. It may hai)pen, that in such case, the second set of salvors mainly contribute to the salvage of the property, and in such case, they will be entitled to the main share of the salvage reward (/). The court will aj)portion the reward among them according to their respective services. The larger share will be given to those, who have rendered the most effectual help, or who have bestowed the greatest labour, or who have incurred tlie greatest risk (g). (c) I'he Perla, Swab. 230 ; The mont among several sots of salvors Salacia, 2 Ilagg. 269; The Eojje, 3 rendeiiug services varying in degree, Hagg. 425. seo The Albion, 2 Uagg. 2oo ; T/te ((?) The Pentudcr, Lush. 505. Cliarlvtta, 2 Hagg. 361 ; Tlie Swan, (e) As to when they are so en- 1 W. Rob. 68 ; The Qiuen Mah, 3 titled, see supra, chap. 4, sect. 2. Hagg. 242 ; The Maria, Edwards, (/) The Gcmral rahuer, 2 Hagg. 175; The ifcnessec, 12 Jur. 401; T/ie 325 ; The Oscar, 2 Hagg. 257 ; I'he Joiige Basiiaau, 5 C. Eob. 323 ; 'The Albion, 3 Hagg. 255 ; Tlte Pickwick, Santipore, 1 Spinks, 231 ; The Pride 16 Jur. 669; The E. U., 1 Spinks, 0/ Caiaula, B. & L. 209 ; The Eastern 63; The Gcnesscc, 12 Jur. 401. Monarch, Lush. 81 ; The Undaunted, (g) For examples of apportion- Lush. 90 ; Tlic Enchantress, Lush. 1076 PAET XIII.— SALVAGE. Chap. VI.] The apportionment of the salvage. [Sect. II. How it u '1i tlie several sets are equally deserving, the reward will be '^tt^r^ equally apportioned among them \h). Bc\s of salvors. jj- {]^^. ^^.gt set endeavour unsuccessfully to save the property and then abandon the attempt without any intention of renewing it, the court will not grant them any share of the reward after- wards earned by the successful exertions of others {i). So also, where the persons, who first attempt to render help, conduct themselves so negligently and unskilfully, that their ellV>rts did no good but caused the ship to get on the sand, then the persons, who afterwards successfully render independent assistance, will be entitled to the whole salvage {k). Where there are several sets of salvors, actmg independently of each other, the misconduct of one set wall not affect the claim of another set to salvage, if the latter set had in no way partici- pated in such misconduct {I). 5. Officers and seamen of Royal Navy and coast guard. Salvage payable to officers and seamen of the lloyal Navy or coastguard, are generaUy apportioned by tlie authorities, according to rules laid down f/ic,'swab. 157. Board of Trade, 1865, Ai-t. 94 ; 27 & (/t) The Marquis of Hunthj, 3 28 Vict. c. 24 ; 17 Vict. c. 19 ; 26 & Hagg. 249. 27 Vict. c. 116, s. 11; The Mary {i) i'Ae Ma, 1 W. Eob. 406. Anne, \ Ilagg. 158; The Thetis, 3 {k) The Neplum; 1 "\V. Eob. 297. Uagg. 14. PAET XITT.— S.VI.VAGE. 1077 Chap. VI.] The apportionment of the mlvcujp.. [.Sect. II. of salvap^e services rendered in tlie United Kinjrdom has been^"^*^"^/*"". " " Courts lulling finally ascertained, and exceeds two hundred pounds, and when- Admiralty ever the aggregate amount of salvage pa3'-able in respect of salvage to ai!i)oi-tio"n services rendered elsewhere has been finally ascertained, whatever ^'*'^'**»'''- such amount may be, then if any delay or dispute arises as to the apportionment thereof, any court having Admiralty jurisdiction may cause the same to be apportioned amongst tlie persons entitled thereto in such manner as it thinks just, and may for that puqiose, if it thinks fit, appoint any person to carry such apportionment into effect, and may compel any i^erson in whose hands or under whose control such amount m^nj be to distribute the same, or to bring the same into court, to be there dealt with as the court may direct, and ma}' for the purposes afore&aid issue such monitions or other processes as it thinks fit (a). This section imposes a duty upon the Admii-alty Court, when an application is made to it, to decree an equitable apportionment of salvage, unless barred by either an equitable agreement between the parties, or an equitable tender {h). When the owner of the salving ship thinks that a proper share of the salvage reward has not been paid to him by the master, his proper course is to bring into court the share so paid him, to pray for a monition to the master to bring in the money he has received, which the com't will grant as a matter of course, and then to apply for an order of distribution (c). Whenever the aggregate amount of salvage payable in respect Payment of of salvage services rendered in the United Kingdom has been whom to be finally ascertained either by agreement or bv the award of such "i''^','*^ ^°/*^° . '' ./ o » Qi ^iispute :vs to justices or their umpire, but a dispute arises as to the apportion- apportionment. ment thereof amongst several claimants, then, if the amount does not exceed two hundred jiounds, it shall be lawful fi>r the party liable to pay the amount so due to apjily to the receiver of the district for liberty to pay the amount so ascertained to him ; and he shall, if he thinks fit, receive the same accordingly, and grant a certificate under his hand, stating the fact of such payment and (a) 17 & IS Yict. c. 104, s. 498. (-) The Princess Helena, Lush. \b) Tlie Enchantress, Lush. 93. 190. 1078 PART XIII.— SALVAGE. Chap. YI.] The apportionment of ihe salvage. [Skct. II. By whom sal- tlie senices in respect of wliicli it is made ; and such certificate rfK-rtiiLnr shall he a full discharge and indemnity to the person or persons to wliom it is given, and to their ship, hoats, cargo, apparel, and effects, against the claims of all persons wliomsoever in respect of the sen-ices therein mentioned ; hut if the amount exceeds two hundred pounds, it shall be apportioned in manner heremafter mentioned (|)C>i-tu>u ever the aggregate amount of salvage payable in respect of salvage s;iivu-e. services rendered elsewhere has been finally ascertained, whatever such amount may be, then if any delav or dispute arises as to the apportionment thereof, any court Iniving Admiralty jurisdiction may cause the same to be apportioned amongst the persons entitled thereto in such manner as it thinks just " {a). The salvors may, and frequently do, agi-ee among themselves how the salvage reward, which is awarded to them, shall be divided among them. But, it must be remembered, that every stipulation, by wliich any seaman consents to abandon any right he may have or obtain (0 Afklnson v. WoodhaU, 1 II. & '2o & 2(3 Vict. c. (i3, s. -19 ; 32 & 33 C. no. Vict. c. .01. (/.) 31 & 32 Vict. c. 71, St;. 3, o ; {o) 17 & IS Vict. c. 104, s. 498. lOSO PART Xm.-SALVAOE, Chap. VI.] The ajjportionment of the salvage. [Sect. III. "What agree- ill the nature of salvage, shall be wholly inoperative {h). But this ITifiH.rtiwmient enactment does not apply to the case of any stipulation made by will be upheld, ^^g seamen belonging to any ship, which according to the terms of an agreement is to be employed on salvage service, with respect to the renumeration to be paid to them for salvage services rendered by such sliip to any other ship (r). A duty is imposed upon the court, by the 498th section, to decree upon application made, what in its judgment is an equit- able apportiomnent of salvage, unless barred by one or two cir- cumstances, — either an equitable agreement between the parties or an equitable tender (. Jkuluh, 2 Notes of Cas. 61 ; The (r) 25 & 20 Vict. c. 03, s. 18 ; sec Mary Anne, 1 1 L. T. N. S. 85. chap, 2, sect. 6. (,7) ^'/'^ Enchantress, Lush. 93. (t/) See I'er Dr. Lushington, TIte (//) The Columbine, 2 W. Rob. Enchantress, Lush. 95. ISO. (e) The Ehrhantress, Lush. 97. (/) 'Tlit Enchantress, Lush. 97. (/) The Enchantress, Lush. 95; PAET XTTT.— SALVAGE. 1081 Chap. VI.] TJte appm-tionmml of the snh'(i(ie. [Sect. IV. the court w'lW direct their shares to be paid to their rein-esenta- tives (/i). Sect. 4. 1)1 whaf proportloiifi, ship, freight and cargo eontrihiiic to the salvage. Salvors are generally speaking entitled to salvage upon shii?, freight and cargo (a). The salvors are entitled to have the value of the whole of the ship, freight and cargo, which have been salved, stated (b). The ship and cargo and freight must each pay its ovm share of salvage, according to its own value. Neither can be made liable for the salvage due from the other (r). The ordinary usage of the Court of Admiralty, in apportioning the salvage, is to take the whole value of ship and cargo and freight, and to assess the amount of salvage remuneration upon such whole value, and to make each pay in proportion to its value ((/). On a salvage of cargo, the freight thereon, as well as the cargo itself, is liable to salvage. In estimating the value, in respect of Avhich the salvage remuneration is to be paid, the value of the freight is not to be deducted, but is to be added to the value of the cargo (c). The value of freight in such cases is reckoned pro rata for the part of the voyage which has been performed (/). Where salvors had agreed to take a certain sum, the owners of (A) The Marquis of Hunthj, 3 Maria Jane, 14 Jur. 857 ; r>ri50 The JJostoji, 1 Sumn. (Amer.) Ce/durion, Ware, 490. 341 ; The North Carolina, (Amer.) (/) I'cr Sir John Colorirlge, The 15 Peter.g, 40. Atlas, Lush. 528 ; 15 Moo. P. C. (d) The Lady Woraley, 2 Spinks, 529. 253; TAeTl/arf/ia, Swab. 489. (y) The Fidden, 11 W. R. 156; (e) Jones on Salvage, 107. This Tlie Tlopewdl, 2 Spinks, 249. course has been followed in the PART XIII.— SATA*A(}R. 108; Chap. VII.] or part of the salvage. [Sect. II. Where the crew of a higher went to a slilp, wliich was {igronnrl wilful mis- and signullinff for lielp, and boarded lier and made preparations '^""''."'^^ " " ^ ' ' causing entire to succour her, and then resisted tlie master of the ship availing f'Tfeiture. himself of the aid of a steamer, and tried to cut the hawser, and created a riot and detained the sliip on tlie sand {h) ; — Where the salvors improperly interfered and resisted the authorit}'^ of the owners of the ship in distress (?) ; — Where the salvors neglected to i-oudci- lidp, until tliere was no danger {k) ; — Where the salvors, after meritorious exertions, left the ship in peril caused by their own fault {I) ; — Where a salvor took possession of a ship, wliicli w;is laden and aground on a foreign coast and deserted by the crew and being plundered by the natives, and removed her into deep water, but instead of surrendering her to the agent of the owners, who was at the spot, refused to i)ermit the cargo to he bartered, and sold it much below its value, lie himself purchasing a large quantity (m); — Wliere salvors continued to obtrude their services, after they had been discharged by the owners (») ; — Where the salvors persisted in trying to unload into their own boats the cargo of a ship in distress, after men had been \n\t on board by the receiver of wreck, under 9 it 10 A^ict. c. 99 (o) ; — Where a ship got upon the sands and was assisted off bv a steamer and then got agi'ound, owing to tlie culjiable negligence of the steamer {p) ; — AMiere any person, not being the owner, finds or takes pos- session of any wreck, and does not, as soon as possible, deliver the same to the receiver of wreck {q) ; — (A) The Martha, Swab. 4S9. {n) The Ghufiow Fadrf, 2 W. Rob. (i) The Barefoot, 14 Jur. S41 ; 3015. The Atlas, Lush. olS. (o) The Wear Packet, 2 Spinks, (A-) The Citi/ of E. inf. chap. 9. 4 A 2 108G TAET XIIT.— SALVAGE. Chap. VII.] WMf conduct forfeits the tvhole [Sect. II. Wilful mU- "NVhere, nltliongli the services were of the highest class, the salvors afterwards made exorbitant demands (/•). In other cases, where the misconduct of the salvors has not been of so serious a nature, as to induce the coiu't to adopt the extreme measure of an entire forfeiture of the salvage, it will punish them for such misconduct, by awarding less, than it would have done imder the same circumstances, if there had been no such misconduct (s). Causing ivirtiaJ The folloAAing cases of misconduct have been visited with a ei ure. j)urtial forfeiture of salvage : — Where salvors went to the assistance of a sliip ashore, dis- cliarged parf of the cargo and worked at the pumps, and then, while the master was still in command, resisted further assistance, although the master deemed it necessary, and attempted against his wishes to exclude siibsequent salvors (t) ; — AVhere salvors, when tliey began the salvage service, were aware tliat the crew of the ship in distress were on shore in the imme- diate neighbourhood, watching her, and only waiting for high water to return to lier, and yet did not otfer their services, or infcmn them of their intention to proceed to her assistance (?<) ; — Where salvors, whose services had been refused, prevented a steam tug coming near enough to a distressed ship to try to render her assistance (x) ; — ^^'here salvors being unable to place a ship in security them- selves, refused assistance and left her exposed to risk, while they proceeded for ropes and spars (y) ; — When' smIvoi's attempted to usurp authority by dejuiving the master and crew of the possession of the ship (z) ; — (r) Per Lord Stowell, The John W. Rob. 300 ; The Dosseitd, K) Jur. and Thomas, 1 Hagg. 107 n. ; The 80.5. Ilirlor, 3 Ilagg. 05; The Tmimn, 2 {t) 'J'hc. Dmdzic Packet, 3 Hagg. W. Eob. 259; The Elvira, (Ainer.) 383; Tlie Black Boy, 3 Hagg. 386 Gili>in, 00 ; The Jlcnry Ewbunlc, ri. ; TJie San Nicola, 6 (L-ish) Jur, (Arner.) Sumn. 413. 01. («) Jones on Salvage, 126 ; The (tt) The Lisbon, 1 Ir. E. Eq. 144, Dantzic Pachi, 3 Hagg. 383; The Adm. Black Boy, 3 Hagg. 386 n. ; The San («) The Glory, 14 Jur. 676. Nicola, 6 (Iii-sh) Jur. 91 ; The Glory, Iv) The Dosseitei, 10 Jur. 865. 14 Jur. 076 ; 2'he Glasyoio Packet, 2 (2) The San Nicola, G (Irish) Jur. PART XTTT. -SALVAGE. 1087 Chap. VII.] or part of Ihc mlvage. [Sect. III. Where they unduly interfered with the master and crew in the Wilful mis- • _ ■ _ coniluct discharge of their duties {z) ; — causing pai-tial Where salvors took the sliip salved to an inconveuifiit i)ort {a)\ — Where a shij) went ashore and sank, and salvors tried to raise her till the arrival of the owners, who told them that their assist- ance was not required, hut the salvors continued to obtrade their services and to hover round the shi]), and even to go into port with the ship after she was raised {}>) ; — Wliere the salvors stole part of the stores or cargo of the ship salved (c). The proof of misconduct rests of course upon those who allege it. The proof of it must be clear and conclusive, and such as to leave no reasonable doubt upon the mind of the judge {d). Sect. 3. Negligence or u)tsJiil/uliiefts. AVhen persons undertake to perform a salvage service, it is their duty to exercise at least ordinary skill and prudence in the execu- 91 ; The Dantzic Packet, 3 Hagg. 385 ; The Glasf/mo Packet, 2 W. Rob. 313. But the court will be guided by the circumstances of each case, in determining whether or not the master of the salvor's vessel was justified in refusing to allow the crew of the salved vessel to return to their own ship before the comple- tion of the sal vago. The Cleopatra, 37 L. J. Adm. 31. (z) See the preceding note, (a) Z'/ie Eleanora Charlotta, 1 Hagg. 156, But salvors are not bound to de- viate from their own course, simply to serve the convenience of the crew of the ship they have assisted. 2'he Orbona, 1 Spinks, IGl ; U Esperance , 1 Dods. 48 ; The Cuh/pso, 2 Hagg. 212 ; The M((rtin Luther, Swab. 290. (/;) The Glasgow Packet, 2 W. Rob. 30G. (r) The Florence, 16 Jur. 572. But such a charge must be dis- tinctlj' proved. Salvors, who are on board a ship for the purpose of rendering her assistance, are entitled to consume as much of the stores as is necessarj' to maintain themselves, whilst they are engaged in the dis- charge of their dutj'. And even if there is some waste under the cir- cumstances, the court will not re- gard it minutely. The Ilowthandel, 1 Spinks, 29 ; The Louisa, 2 W. Rob. 24. For the American cases sec Jones on Salvage, 135-7. ((/) Per Sir John Coleridge, 'The At/as, Lush. 528 ; 2Vie Charles Ailalphc, Swab. 156. 1088 PART XIIL— SALVAGE. Chap. VII.] W/iaf conduct forfeits the whole [Sect. III. Necii-^ence and ^"^^^ *^^ ^^® wovk, Avbicli tliey liiive taken vipoii themselves to anddlfulness. j^erforin {a). It is not necossaiy, that they sliouhl be finished navigators ; but they must possess and exeirise such a degree of prudence and skill, as persons in their condition ordinarily do possess and may fairly be expected to dis})lay («). Even when essential services have been rendered by salvors, the amount of their re^vard may be diminished on account of their negligence {h). AVhether salvage renunieration may be entirehj forfeited by want of skill or negligence in the salvors, is somewhat doubtful. Dr. Lushington has several times laid it down, that it maybe so forfeited (c). On the other hand, Sir John Coleridge has laid it down, that no mere mistake or error of judgment in the manner of effecting salvage, and no misconduct short of that, which is wilful and may be consitlered criminal, will woik an entire forfeiture of salvage, where it has been linally effected {d). If the property saved sustains any injury in consequence of the negligence or unskilfulness of the salvors, the court will diminish the anunint of their remuneration. The extent of this diminution will l)f iirojxn-tioned, not to the amount of loss or injury, but t<^ the degree of negligence or unskilfulness {e). AVhere nautical men act as salvors, their salvage reward will be diminished, if they have neglected to exercise such ordinary prudence and skill, as might be reasonably expected of them (/). (a) Per Dr. Lushington, The Cape 125 ; Tlic Duke of Manchester, 4 PacM, 3 AV. Rob. 125 ; 6 Notes of Notes of Cas. 575 ; 2 W. Rob. 470; Cas. 565; The Mnydahn, 31 L. J. 6 Moo. V. C. 91. Adin. 22; y7«'/// Wvr.s/c;/, 2 Spiuks. 203 ; The Towaii, 8 Jur. 220. [Ii) TheJ'Jleanora (Jharlottu, 1 Hagg. i.>n. (/) P^'j- lionl Stowoll, Thf Ekanoru (Jlnirl"to^ tlieir umpire, if any, and of the award so made by them or him, accompunied with tluir or his certificate in writing of the gross value of the arti<'le respecting whirli salvage is claimed ; and ((■) 17 & IS Vict. c. 101, s. 4()1. (p) Ibid., s. 4fio. [d) Ibid,, s. 462. (/) Ibifl.. s. 4<54. 4 n 1100 PART XIII. -SALVAGE. Chap. YIII.] What remedies ihc salvors liave [Sect. II. Parmcnt of scdva^e, to whom to be m.iJe in case of dispute as to ai>portion- ment. Apportion- luent uf salvage. Planner of enforcing pay- ment of salvage. such copy and certificate shall be admitted in the Court of Appeal as evidence in the cause (r/). "Whenever the aggi-egate amount of salvage payable in respect of salvage services rendered in the United Kingdom has been finally ascertained, either by agreement or by the award of such justices or their umpire, but a dispute arises as to the apportion- ment thereof amongst several claimants, then, if the amount does not exceed two hundred pounds, it shall be lawful for the party liable to pay the amount so due to apply to the receiver of the distiict for liberty to pay the amount so ascertained to him ; and he shall, if he thinks fit, receive the same accordingly, and grant a certificate under his hand, stating the fact of such pay- ment and the sei'vices in respect of which it is made ; and such certificate shall be a full discharge and indemnity to the person or persons to whom it is given, and to their ship, boats, cargo, ajiparel, and effects, against the claims of all persons whomsoever hi respect of the services therein mentioned ; but if the amount exceeds two hundred pounds, it shall be apportioned in manner hereinafter mentioned (/*). Ui)on the receipt of any such amount as aforesaid the receiver shall with all convenient sj)eed proceed to distribute the same among the several persons entitled thereto, upon such evidence and in such shares and proportions as he thinks fit, with power to retain any monies that may ajipear to him to be payable to any absent parties ; but any distribution made in pursuance of this section shall be final and conclusive against the rights of all persons claiming to be entitled to any portion of the monies so distnbuted (?'). ^^'hcnever any salvage is due to any person under this Act, the receiver shall act as follows ; (tliat is to say,) (1.) \i the same is due in respect of sei'vices rendered in assisting any ship or boat, or in saving the lives of persons belonging to the same, or the cargo or apparel thereof. ((/) 17 & 18 Vict. c. 101, s. 405. (//} Ibid., .s. 46G. (0 Ibid., s. 467. PART XIIL— SALVAGE. 1101 Chap. VIII.] ««r7^- the slatuffiS. [Sect. II. He shall dotaiii sufh ship or hoat aiul the cargo and apparel belonging thereto until payment is made, or process has been issued by some competent court for the detention of such ship, boat, cargo, or apparel : (2). If the same is due in respect of the saving of any wreck, and such wreck is not sold as unclaimed in pursuance of the provisions hei'einafter contained, He shall detain such wreck until payment is made, or process has been issued in manner aforesaid : But it shall be lawful for the receiver, if at any time previcnisly to the issue of such process security is given to his satisfaction for the amount of salvage due, to release from his custody any ship, boat, cargo, apparel, or Avi'eck so defamed by him as afore- said ; and in cases where the claim for salvage exceeds two hundi-ed pounds it shall be lawful in England for the High Court of Admiralty of England, in Ireland for the High Court of Admiralty of Ireland, and in Scotland for the Court of Session, to deteraiine any question that may arise concerning the amount of the security to be given or the sufficiency of the sure- ties ; and in all cases where bond or other securit}- is given to the receiver for an amount exceeding two hundred pounds it shall be lawful for the salvor or for the owner of the property salved, or their respective agents, to institute proceedings in such last- mentioned courts for the purpose of having the questions arising between them adjudicated upon, and the said courts may enforce jjayment of the said bond or other security, in the same manner as if bail had been given in the said courts (/.). Whenever any ship, boat, cargo, apparel, or \\reck is detained Tower of . receiver to sell by any receiver tor nonpayment oi any sums so due as aforesaid, property and the parties liable to pay the same are aware of such detention, ^£ noupay-*^^^^ then, in the following cases, that is to say, "^ent. (1.) In cases where the amount is not disputed, and payment thereof is not made witliin twenty days after the same has become due ; (/.•} 17 & IS Vict. V. 101. s. 4H8. 4 K 2 1102 TA'RT XIII.-SALYAGE. Chap. VIII.] W//af rcmedios the salvors have. [Sect. II. (2.) In cases where the amount is disputed, but no appeal lies from the first tribunal to which the dispute is referred, and i>ayment thereof is not made within twenty days after the decision of such first tribunal ; (3.) In cases where the amount is disputed, and an appeal lies from the decision of the first tribunal to some other tribunal, and payment thereof is not made within such twenty daj's as last aforesaid, or such monition as hereinbefore mentioned is not taken out within such twenty days, or such other proceedings as are according to the practice of such other tribvinal necessary for the prosecution of an appeal are not instituted within such twenty days ; The receiver may forthwith sell such ship, boat, cargo, apparel, or wreck, or a sufficient part thereof, and out of the proceeds of the sale, after payment of all expenses thereof, defray all sums of money due in resi>ect of expenses, fees, and salvage, paying the suri)lus, if any, to the owners of the property sold, or other the parties entitled to receive the same (/). Subject to Subject to the payment of such expenses, fees, and salvage as jKiyment of aforesaid, the owner of any wreck who establishes his claim cxi)en8es, tees, and saiva^re, thereto to the satisfaction of the receiver within one year from the owner entitled i • i i i • i l^ • i j_y to wreck. date at winch such wreck lias come nito tiie possession oi the receiver, shall be entitled to have the same delivered up to him (in). JiinKrllrtion of the Tlvjh Court of Admiraltij . Subj(-ct to tlie provisions of this Act, the High Court of Admi- Hi^h Court of .... . , Admiralty i/iay ralty shall have jurisdiction to decide upon all claims whatsoever laivai^o'r'Ls^cs ^'elating to salvage, whether the services in respect of which whether on salvage is claimed were performed- upon the high seas, or within «ea or land. ' . the body of any count}-, or parti}' in one place and partly in the otlier, and whether the wreck is found at sea or cast upon the land, or partly in the sea and partly on land (;i). {I) 17 & 18 Vict. c. 104, s. 4G9. (n) Ibid., s. 47(3. {rn) Ibid., s. 470. CHAPTER IX. WRECKS AND CASUALTIES. With reference to wrecks the followmg provisions have been made by the statutes. Inquiries into icrccks {a). In any of the cases following, that is to say, Inquiries to bo Whenever anj' ship is lost, abandoned, or materially damaged cases of wreck ' on or near the coasts of the United Kingdom ; """"^ ""^"^"y- Whenever any ship causes loss or material damage to any other ship on or near such coasts ; Whenever by reason of any casualty happening to or on board of any ship on or near such coasts loss of life ensues ; Whenever any such loss, abandonment, damage, or casualty happens elsewhere, and any competent witnesses thereof arrive or are found at any place in the United Kingdom ; It shall be lawful for the inspecting officer of the coastguard or the principal officer of customs residing at or near the place where such loss, abandonment, damage, or casualty occurred, if the (a) "Wreck," shall iuclude jot- ' laffin' {vel 2}otttis ligan) in whan tho earn, flotsam, lagan and derelict goods are so cast into the sea, aud fouud in or on the shores of the sea afterwards the ship perishes, and or any tidal water. 17 & 18 Vict. such goods cast are so heavy, that c. 104, s. 2. they sink to the bottom, and the " ^Flotsam ' is when a shiji is sunk mariners, to the intent to have them or otherwise perished, and the goods again, tie to thom a buoy, or cork, float on the sea; 'jetsam' is when or such other thing that will not the ship is in danger of being sunk, sink, so that they may find them and to lighten the ship, the goods again." Per Lord Coke, 5 Co. Kep, are cast into the sea, and afterwards lOG, G ; Maclachlan, dd'6, notwithstanding, the ship perish ; 1104 PART XIII.— SALVAGE. CuAP. IX.] WrecJcs and casualties. Formal inves tigation before same occuiTed on or near the coasts of the United Kingdom, but if elsewhere at or near the phice where such witnesses as aforesaid arrive or are found or can be conveniently examined, or for any other person appointed for the purpose by the Board of Trade, to nnike inquiry respecting such loss, abandonment, damage, or casualty ; and he shall for that purpose have all the powers given by tlie first part of this Act to inspectors appointed by the said board (b). If it appears to such officer or person as aforesaid, either upon justices. or without any such preliminary inquiry as aforesaid, that a formal investigation is requisite or expedient, or if the Board of Trade so directs, he shall apply to any two justices or to a stipendiary magistrate to hear the case ; and such justices or magistrate shall thereupon proceed to hear and try the same, and shall for that purpose, so far as relates to the summoning of parties, cmnpelling the attendance of witnesses, and the regula- tion of the proceedings, have the same powers as if the same were a proceeding relating to an offence or cause of complaint ujion which they or he have power to make a summary conviction or order, or as near thereto as circumstances permit ; and it shall be the dut}' of such officer or person as aforesaid to superintend the management of the case, and to render such assistance to the said justices or magistrate as is in his power; and, upon the con- clusion of the case, the said justices or magistrate shall send a report t(j the Board of Trade, containing a full statement of the case and of their or his opinion thereon, accompanied by such report of or extracts from the evidence, and such observations (if any) as tliey or he may think fit (c). Formal inves' In cases where nautical skill and knowledge are required, the justices. ^^ Board of Trade sliall liave the i)ower, either at the request of such justices or njagistrate, or at its own discretion, to appoint some person of nautical skill and knowledge to act as assessor to such justices or magistrate ; and such assessor shall, upon the (b) 17 & 18 Vict. c. 104, s. 432 ; (c) 17 & 18 Vict. c. 104, s. 433; and see now 18 & 10 Vict. c. 91, and see now 25 & 2(5 Vict. c. 63, a. 19, infr^. s. 40. PART XIII.— SALVAGE. hqs Chap. IX.] Wrecks and Casualties. conclusion of the case, either signify his concurrence in their report hy signing the same, or if he dissents therefrom shall signify such dissent and liis reason therefor to the Board of Trade {d). In places where there is a local mnriue hoard, and wliere a Stipendiary stipendiary magistrate is a memher of such hoard, all such inves- bTthe magis- tigations as aforesaid shall, whenever he hai)pens to be present, t'"***^'^'' >8 be made before such magistrate ; and there slndl he paid to sucli ^'"^^ -Marine • , , • 1 f ^ • • 1 1 • i , Board, and to magistrate in respect oi liis services under this Act such remune- be paid. ration, whether hy way of annual increase of salary or otherwise as Her Majesty's Secretary of State for the Home Department, with the consent of the Board of Trade, may direct ; and such remuneration shall be paid out of the Mercantile oNIarine Fund (c). The said justices or magistrate may make such order with Costs of such respect to the costs of any such investigation or any portion ^J^^estigation. thereof as they or he may deem just, and such costs shall be paid accordingly, and shall be recoverable in the same manner as other costs incurred in summary proceedings before them or him ; and the Board of Trade may, if in any case it thinks fit so to do, pay the expense of any such investigation, and may pay to such assessor as aforesaid such remuneration as it thinks fit (/j. In the case of any such investigation as aforesaid to be held in Investigations Scotland, the Board of Trade may, if it so thinks fit, remit the '° ^''°*'^°^- same to the Lord Advocate to be prosecuted in such manner as he may direct, and in case he so requires, with the assistance of such person of nautical sldll and knowledge as the Board of Trade may appoint for the purpose (//). Such justices or magistrate as aforesaid may, or in Scotland Master or mate such person or persons as is or are directed by the Lord Advocate ^u^red^tr to conduct the investigation may, if thev or he think fit, require ^^eiiver certi- ficate to be any master or mate possessing a certificate of competency or held until close service whose conduct is called in question, or appears to them or ^ '"'i"""^- ((i) 17 & 18 Vict. c. 104, s. 434 ; {,j) 17 & 18 Vict. c. 104, s. 437 ; and see 25 & 26 Vict. c. 63, s. 23. aud soo 2j & 26 Vict. c. 63, s. 23, (e) 17 & 18 Vict. c. 104, s. 430. infra. (/) Ibid., s. 436. HOG 1*ART XIII.— SALVAGE. CuAP. IX.] Wrecks and casualties. him likely to be called in question, in the course of sucli investi- gation, to deliver such certificate to them or him, and they or he shall hold the certificate so delivered until the conclusion of the investigation, and shall then either return the same to such master or mate, or, if their repoit is such as to enable the Board of Trade to cancel or suspend such certificate under the powers given to such Board by the third part of this Act, shall forward the same to the Board of Trade, to be dealt with as such Board thinks fit; and if any master or mate fails so to deliver his certificate when st) re(pured, he shall incur a penalty not exceeding fifty pounds (/;). Appoi)itment and duties of receivers. Boiird of Trade The Board of Trade shall througliout the United Kingdom dentTo"/ »"reck, l»i^ve the general superintendence of all matters relating to wreck ; with power ^^^^^ ^^ may, with the consent of the Connnissioners of Her Ma- te api>oiDt "^ receivers. jesty's Treasury, appoint any officer of customs or of the coast- guard, or any officer of Inland Revenue, or, when it appears to such Board to be more convenient, any other j^erson, to be a receiver of wi-eck in any district, and to perform such duties as are hereinafter mentioned, and sliall give due notice of every such appointment (i). Admiral not 2^,^ admiral, vice-admii'al, or other person, under whatever with wreck, denomination, exercising admiralty jurisdiction, shall as such, by himself or his agents, receive, take, or interfere with any wreck except as hereinafter mentioned {h). Duty of re- "Whenever any ship or boat is stranded or in distress at any ceiver when pi^pp (^^ the shore of the sea or of anv tidal water within the any Hhip iH i/»"v- \jit. Kiranded or in lijjiits of the United Kiugdcmi, the receiver of the district within distress. which such place is situate shall, upon being made acquainted with such accident, forthwith proceed to such place, and upon his arrival there he shall take the command of all persons present, and assign sufli duties to each person, and issue such directions, (A) 17 & 18 Vict. c. 104, 8. 438. Virt. c. m, ss. 50- .33. (i) Ibifl., B. 439 ; and see 25 & 26 (/.) 17 & 18 Vict. c. 101, a, 440, PART XIIT.— SALVAGE. 1107 Chap. IX.] Wi-pcJcs and casualties. receiver m case acci- as he may think fit with a view to the preservation of such ship or boat, and the lives of tlie persons beh^iffing thereto, and the cargo and apparel thcrenf; and it' any person wilt'iilly disobeys such directions, he shall forfeit a sum not exceeding fifty pounds; but it shall not be lawful for such receiver to inteifere between the master of such ship or boat and his crew in matters relating to the management thereof, unless he is re([Uested so to do by such master (1). The receiver may, with a view to such preservation as aforesaid Powers of reccivci of the ship or boat, persons, cargo, and apparel, do the following of such things; (that is to say), ^-\^;S, (1.) Sunniion such number of men as he thinks necessary to assist him : (2.) Require the master or other person having the charge of any ship or boat near at liand to give such aid with his men, ship, or boats as may be in his i)o\ver : (3.) Demand the use of any waggon, cart, or horses that may be near at hand : And any person refusing without reasonable cause to comj^ly witli any summons, requisition, or demand so made as aforesaid, shall for every such refusal incur a penalty not exceeding one hundred pounds ; but no person shall be liable to pay any duty of assessed taxes in respect of any such waggon, cart, or horses by reason of the user of the same under this section (m). All cargo and other articles belonging to such sliip or boat as All aniile.^ • 11 1 11 1 ii'11 washed on aforesaid, that may be washed on sJiore, or otherwise be lost or shore, or lost, taken from such ship or boat, shall be delivered to the receiver; ^n ^'^shl" or"° and anv person, whether he is the o\mer or not, who secretes or i>'^at. *« ^c delivered to keeps possession of any such cargo or article, or refuses to deliver the receiver, the same to the receiver, or to any person authorized by liini to demand the same, shall incur a penalty not exceethng one hun- dred pounds ; and it shall be lawful for such receiver or other person as aforesaid to take such cargo or article by force from the person so refusing to deliver tlie same («). (/) 17 & 18 Vict. 0. 104, ••5. 441. (») Ibid., 9. 443. (m) Ibid., s. 44:2. 1108 I'AET XIIL— SALVAGE. Chap. IX.] Wrecks and casualties. Power cf Wlienevor any such accident as aforesaid occurs to any ship or 8upi.n?sa boat, and any person phinders, creates disorder, or obstructs the plumicr and preservation of such ship, boat, lives, or carao as aforesaid, it disorder by ^ i. ' ' o force. shall be lawful for the receiver to cause such person to be appre- hended, and to use force for the suppression of an}^ such plunder- ing, disorder, or obstruction as aforesaid, with power to command all Her Majesty's subjects to assist him in the use of such force ; and if any person is killed, maimed, or hurt by reason of his resisting the receiver in the execution of the duties hereby com- mitted to him, or any j^erson acting under his orders, such receiver or any other person shall be free and fully indemnified as •well against the Queen's Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt (o). Certain officers During the absence of tlie receiver from the place where any to exercise i • i ^ r • j • i ^ powers of such acculeut as aforesaid occurs, or m places where no receiver receiver in his j^^^g j^eeii appointed under this Act, the following officers in suc- cession, each in the absence of the other, in the order in which they are named, that is to say, any i^rincipal officer of customs or of the coastguard, or officer of Inland Revenue, and also any sheriff, justice of the peace, commissioned officer on full pay in the naval sendee of Her Majesty, or commissioned officer on full pay in the miUtary service of Her Majesty, may do all matters and things hereby authorized to be done by the receiver, with this excei)tion, that with respect to any goods or articles belonging to any such ship or boat, the delivery up of which to the receiver is hereinbefore requii'ed, any ofHcer so acting shall be considered as the agent of the receiver, and shall place the same in the custody of the receiver ; and no person so acting as substitute for any receiver shall be entitled to any fees payable to receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled {p). Power in cuw Whenever an}' such accident as aforesaid occurs to any ship or in ^i^rLl^to^ boat, all persous may, for the purpose of rendering assistance to p*.w overall- guch sliip or b(jat, or saving the lives of the persons on board the joining lands with carriagea. same, or the cargo or apparel thereof, unless there is some public (o) 17 & IS Vict, c. 104, 6. 444. {p) Ibid., s. 44j. TAET XIII.-SALVAGE. 1109 Chap. IX.] Wnclcs and cnsiuilUes. road equally convenient, pass and repass either with or without carriages or horses over any adjoining lands, without being subject to interruption by the owner or occu])ier, so that they do as little damage as possible, and may also, on the like condition, deposit on such lands any cargo or other article recovered from such ship or boat; and all damage that may be sustained by any owner or occupier in consequence of any such passing or re- passing any deposit as aforesaid shall be a charge on the ship, boat, cargo, or articles in respect of or by which such damage was occasioned, and shall, in default of payment, be recoverable in the same manner as salvage is hereby made recoverable ; and the amount payable in respect thereof, if disputed, shall be deter- mined in the same manner as the amount of salvage is hereby in case of dispute directed to be determined {q). If the owner or occupier of anv land over which any person is Penalty on . owners and hereby authorized to pass or repass for any of the purposes herem- occupiers of before mentioned does any of the following things ; (that is to say,) t^' allow'ca?-^ (1.) Impedes or hinders any such person from so passing or [^ij'r^;^/^^*^';^. repassing, Avith or without carriages, horses, and land, servants, by locking his gates, refusing, upon request, to open the same, or otherwise however ; (2.) Impedes or hinders the deposit of any cargo or other article recovered from any such ship or boat, as herein- before mentioned ; (3.) Prevents such cargo or other article from remaining so deposited for a reasonable time, until the same can be removed to a safe place of public deposit ; He shall for every sucli otYence incur a penalty not exceeding one hundred pounds (r). Any receiver, or in his absence any justice of the peace, shall, rower of ,,,.,, receiver to as soon as conveniently may be, examme upon oath (winch oatli institute ex- they are hereby respectively empowered to administei) any person 'J^J^^^^JJ'^^J '"'^'^ belongin'T to any ship which mav be or mav have been in distress ships iu dis- o f^ '' ^ • - tress, on the coasts of the United Kingdom, or any otlu-r person who (v) 17 & 18 Yict. c. 101, s. 4-10. (»•) Ibid., s. 447. 1110 PAET Xlll.— SALVAGE. Chap. IX.] Wrecks and casuaJlies. may be able to give any account thereof or of the cargo or stores thereof, as to the following matters ; (that is to say,) (1.) The name and (U'scription of the shi}) ; (*2.) The name oi the master and of tlie owners ; (3.) The names of the o\Yners of the cargo ; '. (4.) The ports or places from and to which the ship was bomid; (5.) The occasion of the distress of the, ship ; (6.) The services rendered ; (7.) Such other matters or circumstances relating to such ship, or to the cargo on board the same, as the receiver or justice thinks necessar}^ : And such receiver or justice shall take the examination down in writing, and shall make two copies of the same, of which he shall send one to the Board of Trade, and the other to the secretary of the committee for managuig the affairs of Lloyd's in London, and such last-mentioned copy shall be placed by the said secretary in some conspicuous situation for the inspection of persons desu'ous of examining the same ; and for the purposes of such examination every such receiver or justice as aforesaid shall have all the powers given by the first part of this x\ct to inspectors appointed by the ]^oard of Trade {s). Original or Any examiiKition so taken in writing as aforesaid, or a copy of examination thereof, purportuig to be certified under the hand of the receiver fadeevide^uce "^' j^i^tice before whom such examination was taken, shall be admitted in evidence in any court of justice, or before any person ha^'ing by law or b}' consent of parties authority to hear, receive, and examine evidence, as prima, facie proof of all matters contained in such wi-itten examination {t). Bule« to Vie 'i'],f. f(jlluwing rules shall be observed by any person finding or oWne'l bv . /I- i«raon.s finding takmg possession of wreck witliin tlie United Jvmgdom ; (that is wreck. ^ x to say,; (1.) If the person so finding or taking possession of the same is the owner, he shall as soon as i)ossible give notice to the receiver of tlic distiict within which such wreck is found, stating that he has so found or taken possession («j 17 & 18 Vict. c. 104, s. 448. {t) Ibid., s. 449. PART XTTT.-SALVAOE. UH Chap. IX.] WrecJrs and ca.walties. of tlie Sixme ; and he shall describe in such notice the marks by such wreck is distinguished : (2.) Jf any person not being the owner finds or takes possession of any wreck, he shall as soon as possible deliver the same to such receiver as aforesaid : And any person making default in obeying the provisions < 'f this section shall incur the following penalties ; (that is to say,) (3.) If he is the owner and makes default in performing the several things the performance of wliich is hereby im- posed on an owner, he shall incur a penalty not exceeding one hundred pounds : (4.) If he is not the owner and makes default in performing the several things, the pei-formance of which is hereby im- posed on any person not being an owner. He shall forfeit all claim to salvage ; He shall pay to the owner of such wreck, if the same is claimed, but if the same is unclaimed then to the person entitled to such unclaimed wreck, double the value of such wreck (such vulue to be re- covered in the same way as a penalty of like amount) ; and He shall incur a penalty not exceeding one hundred pounds {u). If any receivei- suspects or receives information that any wreck Power for . 1 • X *i receivers to is secreted or m the possession oi some person who is not tiie ^gize concealed owner thereof, or otherwise improperly dealt with, he nmy apply ''■'■^*^'^- to any justice of the peace for a warrant, and such justice shall have power to grant a warrant, by virtue whereof it shall be lawful for the receiver to enter into any house or other place wherever situate, and also into any ship or boat, and to search for, and to seize and detain any such wreck as aforesaid there found ; and if any such seizure is made in consequence of infor- mation that may have been given by any person to the receiver, the informer shall be entitled by way of salvage to such sum not exceeding in any case five pounds as the receiver may allow (.t). {u) 17 & 18 Vict. c. 104, s. 450. (x) Ibid., s. 4ol. 1112 TAirr Xm.— SALVAGE. Chap. IX.] Wrecks and casualtks. Notice of ■KTeer8on is entitled to unclaime'l wreck, re- ceiver to give notice to him. Payment* to be made to Every receiver shall within forty-eight hours after taking pos- session of any wreck cause to be posted up in the custom house of tlie port nearest to the place where such wreck was found or seized a description of the same and of any marks by which it is distinguished, and shall also, if the value of such Avreck exceeds twenty pounds, but not otherwise, transmit a similar description to the secretary of the committee of Lloyd's aforesaid ; and such secretary shall post up the description so sent, or a cojDy thereof, in some conspicuous place, for the inspection of all persons desirous of examining the same (//). In cases where any wreck in the custody of any receiver is under the value of five pounds, or is of so perishable a nature or so much damaged that the same cannot, in his opinion, be advan- tageously kept, or if the value thereof is not sufficient to defray tlie charge of warehousing, the receiver may sell the same before the expiration of the period hereinafter mentioned, and the money raised by such sale, after defraying the expenses thereof, shall be held by the receiver for the same purposes and subject to the same claims for and to which tlie article sold would have been lield and liable if it had remained unsold {z). In cases where any admiral, vice-admiral, lord of the manor, or other person is entitled for his own use to unclaimed wreck f(jund on any place situate witliin a district for which a receiver is appointed, such admiral, vice-admiral, lord of the manor, or other person shall deliver to such receiver a statement containing the particulars of his title, and the address to which notices are to be sent ; iind upon such statement being so delivered and ]>roof made to tlie satisfaction of the receiver of the validity of sucli title, it shall be his duty, whenever he takes possession of any ^vreck found at any such place, to send within forty-eight hours thereafter a description of the same and of an}^ marks by which it is distinguished, directed to such address as afore- said (^0- Tliere sliall be paid to all receivers appointed mider this Act (»/) 17 & 18 Vict. c. 101, B. 4o2. [a] Ibid., s. 454. [z] Ibid., s. 4.03. PART Xnr. ^SALVAGE. 1113 Chap. IX.] Wrecks and casualties. the expenses properly incurred by them in the perfomiance of their duties, and also in respect of the several matters si)ecified in the table marked V. (cf) in the schedule hereto, such fees, not exceeding the amounts therein mentioned, as may from time to time be directed by the Board of Trade ; and tlie receiver shall have the same lien and be entitled to the same remedies for the recovery of such expenses and fees as a salvor lias or is entitled to in respect of salvage due to him ; but, save as aforesaid, no receiver appointed under this Act shall, as such, be entitled t(^ any remuneration whatsoever {h). Whenever any dispute arises in any part of the United ^^^P"*'^'' ^*'' ■ ^ ' . . sums payable Kingdom as to the amount payable to any receiver in respect of to receiver to IT 1 l^ ^ -x 1 • 1 1 ii -r> 1 ^^ determined expenses or fees, such dispute shall be detennined by the iioarcl i,y i',,,^ra of of Trade, whose decision shall be final (c). IvaA^. All fees received by any receiver appointed under this Act, in Application of respect of any services performed by him as receiver, shall be carried to and form part of the Mercantile Marine Fund, and a separate account thereof shall be kept, and the monies arising therefrom shall be apphed in defraying any expenses duly incurred in carrying into eifect the purposes of the eighth part of this Act, in such manner as the Board of Trade directs {d). Whenever the aggregate amount of salvage payable in respect Payment of of salvage services rendered in the United Kingdom has been ^hom to be finally ascertained either by agreement or by the award of such Xutputns justices or theii- umpire, but a dispute arises as to the apportion- to apportion- ment thereof amongst several claimants, then, if the amount does not exceed two hundred pounds, it shall be lawful for the party liable to pay the amount so due to apply to the receiver of the district for liberty to pay the amount so ascertained to him ; and he shall, if he thinks fit, receive the same accordingly, and grant a certificate under his hand, statmg the fact of such payment and the services in respect of which it is made ; and such certificate shall be a full discharge and indemnity to tlie person or persons to whom it is given, and to their shii). boats, cargo, apjmrel, and («) See Appendix, No. 31. (c) Tbid.. s. 456. {h) 17 & IS Vict. c. 104, s. 45.5. (s. of Adniiralt.y of Eiij^laiul, in Ireland for the Iligli Coni-t of Admiralty of Ireland, and in Scotland for the Court of Session, to determine any question that may arise concerning the am-mnt of the security to be given or the sufficiency of the sui-eties ; and in all cases wliere bond or other security is given to the rec(;iv(.'r for an amount exceeding two hundred pounds it shall be lawful for the salv(n- or for the owner of the property salved, or their respective agents, to institute proceedings in such last-mentioned courts for the purpose of having the questions arising between them adjudicated upon, and the said courts may enforce payment of the said bond or other security, in tlie same manner as if bail had been given in the said courts (r/). Whenever any ship, boat, cargo, apparel, or wreck is detained ro«cr of by any receiver for nonpayment of any sums so due as aforesaid, selT|!,'o,„..rty find the parties liable to i)ay the same are aware of such detention. '*')'''*^'' '" '^^'^^ , of noiii)uy- then, in the following cases, that is to say, nient. (1.) In cases where the amount is not disputed, and paj-ment thereof is not made within twenty da^'s after the same has become due ; (2.) In cases where the amount is disputed, but no appeal lies from tlie fust tribunal to which the dispute is referred, and payment thereof is not made within twenty days after the decision of such first tribunal ; (3.) In cases where the amount is disputed, and an appeal lies from the decision of the first tribunal to some other tribunal, and payment thereof is not made Avithin such twenty days as last aforesaid, or such monition as hereinbefore mentioned is not taken out within such twenty days, or such other proceedings as are according to the practice of such otlier tribunal necessary for tlie prosecution of an appeal arc not instituted witliin such twenty days ; The receiver may forthwith sell sucli sliip, boat, cargo, apparel, or wreck, or a sufficient part thereof, and out of the proceeds of the sale, after payment of all expenses thereof, defray all sums of (f/) 17 & 18 Vict. c. 101, p. -i'JS. 4 u 1116 PART XIII.— SALVAGE. Chap. IX.] WrecJcs and casiiaUios. money due in respect of expenses, fees, and salvage, paying the suii)lus, if any, to the owners of the property sold, or other the pai-ties entitled to receive the same (Ji). Subject to Subject to the payment of such expenses, fees, and salvage as cxiKM^cs.^fecs, aforesaid, the owner of any wreck who establishes his claim ami sjvivage, thereto to the satisfaction of the receiver within one year from owner entillcil w wrvvk. the date at which such wreck has come into the possession of the receiver, shall be entitled to have the same delivered up to him (j). Receiver to deliver up I-ossession of uiiclaiiued wreck to lord of manor or other person entitled. Dispntcl title to wreck liow to be devidc'i. Appeal from decision of jnotices. Unclaimed wreck in the United Kingdom. In the event of no owner establishing a claim to wreck found in any place in the United Kingdom before the expiration of a year from the date at which the same has come into the possession of the receiver, then, if any such admiral, vice-admiral, lord of any manor, or other person as aforesaid has given notice to and has proved to the satisfaction of the receiver that he is entitled to wreck found at such place, the receiver shall, upon payment of all expenses, fees, and salvage due in respect of such wreck, deliver up possession thereof to such admiral, vice-admiral, lord of tlie manor or other person ; and in case of dispute as to the amount of the sums so payable, and also in case of default being made in payment thereof, such dispute shall be determined and payment enforced in the manner in which such amount and j^ay- ment is hereby directed to be determined and enforced in cases where any owner establishes his claim to wreck {h). If any dispute arises between the receiver and any such admiral, vice-admiral, lord of any manor, or other person as aforesaid as to the validity of his title to wreck, or if divers persons claim to be entitled to wreck found at the same place, the matter in dispute may be decided by two justices in the same manner in which disputes as to salvage comuig within the juris- diction of justices are hereinbefore directed to be determined {I). If ill IV pai'ty to such dispute is iniwilling to refer tlie same to (A) 17 & l'^ Vict. c. 101, .H. 400. (0 Ibid., s. 470. (A) Ibid., s. 471. [l) Ibid., s. 472. VATIT Xrir. -SM.VAGE. IHJ Chap. IX.] Wrecks and casualtm. two justices, or, liavinj:^ so referred the same, is dissatisfied witli tlieii" decision, he may within three months from the expiration of such year as aforesaid, or from tlic date of such (h;cision as afore- said, as the case may be, take sucli proceedings as he may be advised in any court of hiw, equity, or admiraUy having jurisdic- tion in the matter, for establishing his title {itt). The Board of Trade shall have power, with the consent of the Power of tlie Treasury, out of the revenue arising under the eighth part oi this on LdLilf of* Act, for and on behalf of Iler Majesty, her heirs and successors, ti'^ ';'"«" to ■' *' ' inircli;u«,' rights to purchase all such rights to wTeck as may be possessed by any ^ wreck, person or body corporate, other than Her Majesty; and for the purpose of facilitating such purchases the provisions of the "Lands Clauses Consolidation Act, 1845," and the "Lands Clauses Consolidation (Scotland) Act, 1845," relating to the purchase of lands by agreement, shall be incorporated with this Act; and in the construction of this Act and the said incorporated Acts this Act shall be considered to be the " Special Act;" and any such rights to wreck as aforesaid shall be considered as an interest in land authorized to be taken by the Special Act, and Her Majesty, her heirs and successors, shall be considered as the promoters of the undertaking {n). If no owner establishes his claim to wreck found at any 2)lace rnciahne.l before the expiration of such period of a yeax as aforesaid, and gj||j'^ ^ * if no admiral, vice-admiral, lord of an}' manor, or person other than Her Majesty, her heirs and successors, is proved to be entitled to such wreck, the receiver shall forthwith sell the same, and after payment of all expenses attending such sale, and deducting therefrom his fees, and all expenses (if any) incurred by him, and paying to the salvors such amount of salvage as the Board of Trade may in each case or by any gruiTal rule deter- mine, pay the same into the receipt of Pier Majesty's exchequer in such manner as the Treasmy may direct, and the same shall be carried to and form part of the consolidated fuiul of the United Kiiigd(Un (")• (///) 17 & IS Yirt. f. lot, s. -i:;i. (<-) Ibiil., s. r,o. {u) Il.i.l.. (?. 17-1. 4 c 2 1118 TART XIII.— SAT.VAGE. Chap. IX.] W)-ecJcs and cnmalfi/'s. Id '-ase of shipwreck l-eing plun- dereil by a tuuiultiious .nssonibl.ige the hiuulrcd to be lialilc for ihiiu:i''e.s. 7 A 8 G. 4, c. 31. 3 i 4 W. 4, c. 37, s. 72. 1 O. 1, tt, 2, Offences in res2)ect of wreck. AMienever any sliip or boat is stranded or otlierwise in distress on or near the sliore of any sea or tidal water in the United Kingdom, and such ship or boat, or any part of the cargo or apparel thereof, is plundered, damaged, or destroyed by any persons riotously and tumultuously assembled together, whether on shore or afloat, full compensation shall be made to the owner of such ship, boat, cargo, or apparel, as follows ; (that is to say,) In England by the inhabitants of the hundred, wapentake, ward, or district in the nature of a hundred, by whatever name denominated, in or nearest to which the said offence is committed, in manner provided by an Act of the eighth year of the reign of King George the Fourth, chapter thirty- one, in case of the destruction of churches and other buihlings by a riotous assemblage, or as near thereto as circumstances permit : In Ireland by the inhabitants of the county, county of a city or town, barony, town or towns, parish or parishes, in or nearest to which such oftence is committed, in manner provided by an Act of the fourth year of the reign of King AVilliam the Fourtli, chapter thirty-seven, for the recovery of satisfaction and amends for the malicious demolition of or injury to churches, chai)els, and other buildings used for religious worship according to the usage of the United Church of England and Ireland, or as near thereto as circumstances peraiit : In Scotland, by the inliabitants of the county, city, or borough in or nearest to which such oftence is connnitted, in manner provided by an Act of the first year of King George the First, statute two, chapter five, with respect to prosecutions for repairing the damages of any churches and other build- ings, or as near thereto as circumstances permit (jj). {l>) IT ik IS Vict. f. KM, s. 477. PART XITT.— flALVAOE. 1119 Chap. IX.] Wircks and casualties. Every person who does an}' of tlie following acts, (that is Penalty for plundering to say,) in cascH of (1.) AVrongfully cairies away or removes any part of any ^1»P jlXVciin'- tLo or boat stranded, or in danrfer of being stranded, or saving of shipwrecked otherwise in distress on or near the shore of any sea or pro[K;i-ty, and tidal water, or any part of the cargo or apparel thereof, the saiuc.'"'^ or any wreck ; or (2.) Endeavours in any way to impede or hinder the saving of such ship, boat, cargo, apparel, or wreck ; or (3.) Secretes any wreck, or obliterates or defaces any murks thereon ; Shall, in addition to any otlicr penaltj' or punishment he may be subject to under this or any other Act or hiw, for each such oflence incur a penalty not exceeding fifty pounds ; and every person, not being a receiver or a person hereinbefore autliorized to take the command in cases of ships being stranded or in distress, or not acting under the orders of such receiver or person, ■who, without the leave of tlie master, endeavours to board any such ship or boat as aforesaid, shall for each offence incur a penalty not exceeding fifty pounds ; and it shall be lawful for the master of such ship or boat to repel by force any such person so attempting to board the same (q). If any person takes into any foreign port or place any ship or Penalty for ,-,,., ,'..,.^ ' ^, selling wreck boat stranded, derelict, or otherwise in distress on or near tlie jn fordga shore of the sea or of any tidal water situate within the limits of i^'^'^* the United Kingdom, or any part of the cargo or apparel thereof, or anything belonging thereto, or any wreck found within such limits as aforesaid, and there sells the same, he shall be guilty of felony, and be subject to penal servitude for a term not exceeding four years (r). Whenever any articles belonging to or forming i)art of any In case of foreign ship which has been wrecked on or near the coasts of the foreign ships United Kingdom, or belonging to or forming part of the cargo J^"^^'deeme'a^ thereof, are found on or near such coasts, or are brouglit into tigent of owner. any port in the United Kingdom, the consul-general of the (./) 17 & IS Vict. L-. 104, ^. 178. (r) Ibiil., s. 179, 1120 TART X III.— SALVAGE. CuAP. IX.] Wrecks and cafumliics. country to whicli such ship, or in the case of cargo, to wliich tlie ownei-s of such cargo, may have belonged, or any consular officer of such country authorized in that behalf by any treaty or agreement uith such country, shall, in the absence of the owner of such ship or articles, and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disixtsal of such articles (.s). Reuiuncration jj^ cases where services are rendered by officers or men of the for services by . . , . , , coast guard, coast giuu'd service m watchmg or protectmg shipwrecked pro- perty, then, unless it can be shown that such services have been declined by the owner of such property or his agent at the time they Avere tendered, or that salvage has been claimed and awarded for such services, the owner of the shipwrecked property shall pay in respect of the said services remuneration accordhig to a scale to be fixed by the Board of Trade, so, however, that such scale shall not exceed any scale by which payment to officers and men of the coast guard for extra duties in the ordinary service of the commissioners of customs is for the time bemg regulated ; and such remuneration shall be recoverable by the same means and shall be paid to the same persons and accounted for and applied in the same manner as fees received by receivers appointed under the Merchant Shipping Act, 1854 (t). Extenirion aij.l The provisions contained in the eighth part of the principal m?mm!i™ Jurif- Act (v) for giving summary jmisdiction to two justices in salvage *ii.:(ion in cascs, and for preventing unnecessary appeals and litigation in small ualvage / i • C3M». such cases, shall be amended as follows ; (that is to say,) (1.) Such provision shall extend to all cases in wliich the value of the property saved does not exceed one thousand pounds, as well as to the cases provided for by the piincipal Act : (2.) Such provisions shall be held to apply whether the salvage service has been rendered witliin the limits of the United Kingdom or not : (s) 18 & 19 Vict. c. 'Jl, K. I'J. (v) 17&18Vid.c. lUl. Set; 25.5: 26 (*) Ibid., b. 20. VJct. c. 63, a. 1. PART XII r.— SALVAGE. 1121 Chap. IX.] Wrecks and casuallics. (3.) It shall be lawful for one of Her Majesty's principal secretaries of state, or in Ireland for the lord lieutenant or other chief governor or governors, to appoint out of the justices for any boi'ough or county a rota of justices by whom jiu-isdiction in salvage cases shall be exercised : (4.) When no such rota is appointed, it shall be lawful for the salvors, by writing addressed to the justice's clerk, to name one justice, and for the owner of the property saved in like manner to name the other : (5.) If either party fails to name a justice witliin a reasonable time, the case may be tried by two or more justices at petty sessions : (G.) It shall be competent for any stipendiary magistrate, and also in England for any county court judge, in Scotland for the sheriff or sherilf-substitute of any county, and in Ireland for the recorder of any borough in which there is a recorder, or for the chairman of quarter sessions in any county, to exercise the same jurisdiction in salvage cases as is given to two justices : (7.) It shall be lawful for one of Her Majesty's principal secre- taries of state to determine a scale of costs to be awai-ded in salvage cases by any such justices or court as afore- said : (8.) AU the provisions of the principal Act (y) relating to summary proceedings in salvage cases, and to the pre- vention of unnecessary appeals in such cases, shall, except so far as the same are altered by this Act, extend and apply to all such proceedings, whether under the principal Act (v) or this Act, or both of such Acts {u). "Whenever any salvage question ai'ises the receiver of wreck for Receiver may the district may, upon application from either of the parties, viTue" in sal- appoint a valuer to value the property in respect of which the ^'^^^ '^^' salvage claim is made, and shall, when the valuation has been (y) 17 & 18 Vict. c. 104. (ft) 'lo & L>t) Vict. c. (Jo, s. 49. 1122 I'AKT XIII.— SALVAGE. CUAI-. IX.] Wrecks and casualties. Jurisdiction of Court of i'''es., (1713) 6 Vin. Ab. 4.39 ; Uaifj v. Kiwj, (1729) 2 Str. 858 ; Th<: Lord Jluhart, 2 Dods. 104. PART XIV.— THE ^[ASTER'S REMEDIES. 11 2j Chap. I.] The master's remedies before Die Mercfumt Shipping Ad, 1854. no lien either on the ship, or on the freight for his wages {h) ; — or for necessary dishursements to fit the sliip ^ov the voyage, or fur stores, repairs, or i)rovisions {c). This -was a })riiiciple of hiw estahhshed to preserve tlie hgal control and management of the vessel to the owner. The owner was the employer, the master was his sei*vant, not his agent, in the general sense of that word ; and as a servant, he could not set up such a claim {d). Before the Merchant Shipping Act, 1854, the master's right to wages did not depend, as the seamen's did, upon the earning of freight (f). {h) Wilkins v. CarmichaeJ, Dougl. tuwe v. Whitmorc, 31 L. J. Ch. II. L. 101 ; Husseyv. Christie, 9 East, 42G; 409. Smith V. Plummer, 1 B. & Aid. 575 ; {d) Per Lord Wcnslcydale, Jh-is- Atkinson v. Cutcsivarth, 3 B. & C. towe v. Whitmore, 31 L. J. Ch. II. L. 647 ; Bristowe v. JVJa'tmore, 28 L. J. 469. Ch. 801 ; 31 L. J. Ch. II. L. 468 ; (e) Hawkins \. TiviztU, 5 El. & Bl. The Hope, 28 L. T. N. S. 289. 883. (c) Seo j>er Lord Cholmsford, Br is- CHAPTER II. THE STATUTABLE TEOVISIOXS AS TO HIS REMEDIES. Mrwster to liavB B-uiic remedies for wages as scuuico. By the Merchant Shipping Act, 1854, (a) however, every master of a ship shall, so fjir as the case permits, have the same rights, liens and remedies for the recovcri) of his icar/es, {h) ichich, hi/ this Art, or hi/ anij hue or custom, any seaman, not heinff a master, lias for the recovery of his wages ; and if in an}- proceeding in anj'' Court of Admiralty or Yice-Admiralty, touching the claim of a master to wages, any right of set-off or counter claim is set up, it shall be lawful for sucli court to enter into nnd adjudicate upon all questions, (c) and to settle all accounts then arising or out- standing and unsettled between the parties to the proceeding, and to direct payment of any balance which is found to be due (cZ). And in the construction and for the purposes of this Act {e) (if (a) 17 & 18 Vict. c. 104, s. 191. {h) That is, subject to all deduc- tions for monies received, clothes, or other advances fairly and hond fide made. Per Dr. Lushington, The lifj'uhf, 2 W. Eob. 404 ; The Tccurn- eeh, 3 W. Eob. 148. (c) The court "wall strike a balance on a statomont of the general ac- count between the parties. The Caltdonia, Swab. 17 ; The Olive, Swab. 292 ; The Arab, o Jur. N. S. 617 ; The Citrj of Mobile, 29 L. T. N. S. 406. {d) The remedy given by this sec- tion applies in the case of a master of a foreign ship. Tlie Milford, Swab. 362 ; 4 Jut. N. S. 417 ; The Jonathan (JofjiDaii , Swab. 024 ; Ttie Jenmj J.lo'K T.. E. :i Afbri. .031 ; and by this section, a master has a lien for his wages in the Vice-Admiralty Court, whatever may be the munici- pal law of the colony. Tlie Rajah of Cochin, Swab. 472. The object of this section is to enable the court to do justice, whoro the owners set up a counter claim with reference to the ship's other disbursements. The I). Jex, 13 L. T. N. S. 22. And so, in a cause of wages and disbursements, instituted on behalf of a master, himself a co-owner, against other part owners, the defendants may plead in answer, that on a balance of account between the master and the defendants, nothing is due to the master. The City of Mobile, L. II. 4 Adm. 191. {f) 17 & 18 Vict. c. 104. PART XIV.— THE RrASTETi's iiEikrKr>n-:s. 1127 Chap. II.] The sfatvlahU p-ovmons as to his rrmodm. not inconsistent witli the context or subject matter) the followinf^ terms shall have the respective meanin<^s hereinafter assigned to thoni ; lliiit is to say, " INIaster " sliall inchule every person (e.\- " Mx^u-r." cept a pilot) having conunand or chaige of any ship (/). The legal rights of a seaman to wages and the modes of recover- ing his wages are defined by the following sections of " The Merchant Shipphig Act, 1854 " (r/). The rights, liens and remedies, which seanKMi have for tlir recovery of their wages, have been already stated (//). Legal Rights to Wages. A seaman's right to wages and provisions shall be taken to Ri-rLt to wages commence either at the time at which he commences work or at '^JJIcl tT u^giu' the time specified in the agi'eement for his commencement of work or presence on board, whichever first happens (/'). No seaman shall by any agi'eement forfeit his lien upon the Seamen not ship, or be deprived of any remedy for the recovery of his wages certain rights, to which he would otherwise have been entitled ; and every stipu- lation in any agreement inconsistent with any provision of this Act, and every stipulation by which any seaman consents to abandon his right to wages m the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholl}' inoperative (k). No right to wages shall be dependent on the earning of freight ; Wajre.'^ not to and every seaman and apprentice who would be entitled to demand ^^ \ul^'-au\u.f and recover any wages if the ship in which he has served had "* freight, earned freight, shall, subject to all other rules of law and condi- tions applicable to the case, be entitled to claim and recover the same, notwithstanding that freight has not been earned ; but in all cases of wreck or loss of the ship, proof that he has not ex- erted himself to the utmost to save the ship, cargo, and stores shall bar his claim (/). (/) 17 & 18 Vict. c. 104, s. 2. (/) 17 & 18 Vict. c. 104, s. 181. (,j) 17 & 18 Vict. c. 104. (/.•) Ibid., s. 182. (/i) See Part IX., chaps H and 10, (/) Ibid., s. 183. ante, pages 025 — 054. 112S rAPvT XIV.— TIIIO ^r ASTER'S REMEDIES. CuAP. II. ] 'fhe stafuiahle provisions as to his remedies. In i^se of If any seaman or apprentice to Avhoni wages are due under the »-a"o.s u""ih? ^"■'^ jireceding enactment dies before the same are paid, they shall iwui :u; alter ^^^ ^^^^^ jj^^^j ain)lied in the manner hereinafter specified with mentioned. ^ ^ '^ regard to the wages of seamen wlio die during a voyage (??i). Rii-hu to ii^ cases where the service of any seaman terminates before the ■wajics in case of tenninatioii period Contemplated in the agreement by reason of the wreck or wreoroi'^ '^ l^ss of the sliip, and also in cases where such service terminates illness. before such period as aforesaid by reason of his being left on shore at any place abroad under a certificate of his unfitness or inability to pnuH'ed on the voyage granted as hereinafter men- tioned, such seaman shall be entitled to wages for the time of service prior to such termination as aforesaid, but not for any further period {11). W.'igcs not to j^Q seaman or apprentice shall be entitled to wages fir any ai-vrue diirini; u-i\\s:\\ to work period during which he unlawfully refuses or neglects to work nieii't? "^'" when required, whether before or after the time fixed b}- the agreement for his beginning work, nor, unless the court hearing the case otherwise directs, for any period during which he is law- fully imprisoned for any offence committed by him (o). rtTi<»l within The master or owner of every ship shall pay to every seaman arc tJ I* jiald. his wages within the respective periods following ; (that is to say,) in tlie case of a home trade ship witliin two days after the termi- nation of the agreement or at the time when such seaman is dis- charged, whichever first happens ; and in the case of all other ships (except ships employed in the southern whale fishery, or on other vo^-ages for which seamen by tlie terms of tlieir agreement are whull}' compensated l>y shares in the profits of the adventure) within three da3's after the cargo has been delivered, or within five days after the seaman's discharge, whichever first happens ; jiiid ill all cases the seaiiiiui sliall at tlie time of his discharge be entitled to be paid on account a sum eipial to one fourth part of the balance due to him ; and evei-y master or owner who neglects or refuses to make payment in manner afc^resaid, without sufiicient cause, shall i)ay to the seaman a .sum not exceeding the amount (r/i) 17 & 18 Vict. c. 101, s. LSI. {>,) Ihi.l., s. ISO. (//) Ibid., .M. 18.*. PART XIV.— THE MASTER'S REMEDIES. 1120 Chap. IL] 'J'Jk, shil iihililr prnt'isioiis fis lo liix rtnU'di/'S. of two (lays' pay for each of the days, not exceediiifT ten days, during wliicli payment is delayed lieyond llie respective periods aforesaid, and such sum shall l)e recovirahle as wages (;>). Mode of recovcnng Wagcsi. Any seaman or apprentice, or anv person duly autli(jri/,ed on Seamen may . . sue for wiiu'cs his behalf, may sue in a sunnnary manner before any tw(j justices in a .simimuiy of the peace acting in or near to the place at whicli the sei-vice ™^""*^''- has terminated, or at which the seaman or apprentice has been discharged, or at which any person upon whom the claim is made is or resides, or in Scotland either before any such justices or before the sheriff of the county within which any such place is situated, for any amount of wages due to such seaman or appren- tice not exceeding fifty pounds over and above the costs of any proceeding for the recovery thereof, so soon as the same becomes payable ; and every order made by such justices or shcrilf in tlie matter shall be final (5). No suit or proceeding for the recover^' of wages under the sum Restrictions on suits for of fifty pounds shall be nistituted by or on behalf of any seaman or wages in apprentice in any Court of Admiralty or Vice-Admiralty, or in the ^,"|,'|^[^]" Court of Session in Scotland, or in any superior court of record in Her Majesty's dominions, unless the owner of the ship is ad- judged bankrupt or declared insolvent, or unless the ship is under arrest oris sold by the authority of any such court as aforesaid, or unless any justices acting under the authoiity of this Act refer the case to be adjudged by such court, or unless neither the owner nor master is or resides within twenty miles of the place where the seaman or api)rentice is discharged or put ashore {r^. No seaman who is engaged for a voyage or engagement which Nf seaman to "^ ' -11 . s le fill- w.i'.'es is to terminate in the United Knigdom shall be entitled to sue 111 abiou)i 18 Vict. c. lOJ, s. 1S7. (0 U.i.l., s. ls!>. (y) Ibid., s. ISS. 1130 PART XIV.— THE MASTER'S REMEDIES. CiiAP. II.] I'he sfafi'fahJp ])roi'imns ae: to his remedips. his authority as to warrant reasonable apprehension of danger to tlie life of snch seaman if lie were to remain on board; but if any seaman on liis return to the United Kmgdom proves that the master or owner has been guilty of any conduct or default which but for this enactment woiild have entitled the seaman to sue for wages before the termination of the voyage or engagement, he shall be entitled to recover in addition to his wages such compen- sation not exceeding twenty pounds as the court hearing the case thiidvs reasonable (s). A.^ to claims And by the Admiralty Court Act 1861, [t) the High Com-t of for wajii-s and , i • i , n , .'.,.. for .lisi.uree- Achnu-alty shall liave jurisdiction over any claim b}' a seaman of "uxsuro^a "".^' ^^'^P ^*^^' wages earned by him on board the ship, whether the ^'"P- same be due under a special contract or otherwise, and also over ani/ chiiin by the master of ainj sJiijy for icages earned by him on board the ship ; and for disbursements made by him on account of the ship f provided always, that if, in any sucli cause, the plain- tiff do not recover fifty pounds, he shall not be entitled to any costs, charges, or expenses incurred hy him therein, unless the judge shall certify that the cause was a fit one to be tried in the said court («). The jurisdiction conferred by this Act on the High Court of Admiralty may be exercised either by proceedings in rem, or by ))roceedings in personam (,r). Miwtcr's claim. It has siiice bceii held, that the effect of these statutes is to convert the master's claim for his wages and disbursements into "A maritime " a maritime lien," wliicli is enforceable in the Court of Admi- ralty {y). And now, county courts, which have been appointed to liave Admiralty jurisdiction, have jurisdiction over any claim for necessaries or wages, where the amouiit claimed does not exceed I'lSO iz). («) 17 & IS Vict. c. 101, s. 190. Oy) The Hope, 28 L. T. N. S. 289; (<) 24 Vict. c. 10. Tlic. Munj June, L. R. 1 Adin. 8. (h) 24 Vict. c. 10, s. 10. (,-i) ."51 & :}2 Vict. c. 71, s. 3. {x) Ibid., H. .'jo. CHAPTER III. THE master's remedies SINCE THE MERCHANT SHIPPING ACT, 1854, AND THE ADMIRALTY COURT ACT, ISfil. Sect. 1. — What remedies he now has . .1131 „ 2. — The master's mari- time lien for wages and disl)ursements. 1133 ,, 3. — Over what cUiinis the master's maritime lien has precedence 11 3G Sect. 4. — What will cause a forfeiture or reduc- tion of his wages . 1140 Sect. 1. Wliat remedies lie noiv has. The master has now, so far as the case permits, the same rights, liens and remedies for the recovery of his wages, which an ordinary seaman has. What the rights, liens and remedies of a seaman are, we have ah'eady endeavoured to explain (z). We only propose here to state the decisions of the courts, Avhich particularly regard the masters, referring the reader for further particulars to the Part just refeiTed to. The master may now proceed to recover his wages, either hy How Ue ra.iy "^ 111 • i. ii recover hia action agamst the owners personally, or by process against tlie ^.^ges. ship itself in the Admiralty Court, for the enforcement of the lien, which he now has equally with the seamen. Where a seaman or master, having the option at a foreign port, to receive his wages in money, or by a bill upon the owners, pre- fers the latter, it has been held, that he loses all claim agauist the ship, if the bill is dishonoured (a). (2) See supra, Part IX., chaps. 9 ('/) The Willinm Money, 2 Ilagg. and 10. 136. 4 u 1132 PART XIV.— THE MASTER'S REMEDIES. Chap. III.] TJie master s remedies since the Merchant Shipping [Sect. I. How he may recover his wages. anil his dLs- bursements. Double pay. Witliin wli.it tiiut; he niiiKt BUe lor wages--. But where the master took a bill of exchange from the owner of a ship, in payment of the hahmce of a debtor and creditor ac- count, which inchided his wages as master as well as other dis- bursements on account of the ship, and the owner became bankrupt before the bill became due, it was held, that the master was, notwithstanding, entitled to sue for w^ages in the Court of Admu-alty {h). A master is entitled to sue the ship for wages, as "earned by him on board the ship," within 24 & 25 Vict. c. 10, s. 10, if he performed the duties of master, although during his service he did not sleep on board the ship, and although many of his duties were performed on shore (c). He may also sue the ship for disbursements made by him, during the same period, on the ship's account (c). So also, when his wages are not paid within the periods pro- vided, he is entitled to double })!iy, under the 187th section of the 17 ct 18 Vict. c. 104 ((/). So also, he is entitled to compensation for a reduction in the allowance of provisions under the 223rd section {c). So also, he is subject to the restriction contained in the 189th sect. (/), on suits for Avages in superior courts. And so also, it seems, that by the operation of 4 Anne, c. 16, s. 17, and the 191st sect, of 17 & 18 Vict. c. 104, the master of a ship has, like other seamen, six years, withm which he may bring his suit for wages in the Court of Admiralty {g). A master is not debarred from suing for his wages, by tlie fact, tliat he is joint mortgagee of the ship and tbat he was cognizant of the sale of the shij) Ijy the other mortgagee and did not dissent from such sale (/<)• Where a ship is lost, the administratrix of the master is entitled (5) The Simlah, 15 Jur. 866. (c) The Chieftain, B. & L. 104. id) The Princess Helena, Lush. 190 ; supra, p. 628. (r) The Juaiphin^, Swab. \'rl ; BUpxa, p. 684. (/) The BlaJceney, Swab. 428 ; supra, p. 645. (V) The Chieftain, Br. & L. 212. (h) The Repulse, 2 W. Rob. .'599 ; Thr Alhion, 27 L. T. N. S. 72;i. rART XIV.— TltE MASTER'S REMEDIES. 1133 Chap. III.] Act, 1854, and the Admiralty Court Act, 1861. [Sect. II. to maintain an action for his waj^es, for the period of his sen'ice When the before the loss (r). "ue'hi'hrown The master may sue the consignor of goods upon any contract ^'•^^^• in the bill of lading (/c). The master has a special j^roperty in the ship and may bring an action for the freight of goods as carried in his ship, although he is not the owner (J,). The master has a common law lien on the goods for tlie amount of the freight due for carriage, or in other words, a right to retain possession of the goods, until the freight is paid (w). The master has no lien for passage money, or anything else, on the passenger himself, or on the clothes, wliicli hu is actually wearing, when he is about to leave the vessel. But the master has a common law lien for the passage money, upon the luggage and upon any other property, which the pas- senger ma}'' have on board {n). The master may insure his commission and privileges, or any other interest, Avhich he may have in the ship or voyage, and his wages (o). Sect. 2. TJic master s maritime lien for icafiea and dishiirsements. The master has now, by virtue of the statutes, a maritime lien for his wages and disbursements, and not merely a right to proceed for their recovery {a). {i) Hawldnsx. Twizell, 5 El. & Bl. {a) The Marn Ann. L. R. 1 Adm. 883. S: TJtp Fi-ronin, L. R. 2 Adm. 74; (jfc) Cawthron v. Trickdt, 33 L. J. T/ie Darini/, L. R. 2 Adm. 2()2 ; T/ie C. P. 183. Edwin, 33 L. J. Adm. 197 ; The Ella {I) Shields v. Davi.'t, 6 Taunt. 65. A. Clarke, 32 L. J. Adm. 212 ; The (m) See l*art IV.(Carp:o), chap. 6. Jenny Lind, L. R. 3 Adm. 530. (;i) Per Lawrence, J., Wulfe v. But the Court of Admiralty has Summers, 2 Camp. (331 ; see supra, no juri.-). Except under such last-mentioned circumstances, the action for such misfeasance or negligence must be brought, either against the principal, or against the immediate actors in the wrong (c). Masters of ships, however, form an important exception to this M.o.'ter'san exception. mle. Although they are the agents or servants of the ship ownei*s, they are also, in many respects, deemed to be responsible as (a) Story on Agency, 308; Lane v. Cariwri(jht, 6 T. B.. -Ill ; Nicholson V. Cotton, 12 Mod. 488 ; Fcrkins v. V. Mounsey, 15 East, 387, 388. Smith, Saycr, 40, 42 ; Mors v. Slue, (c) Story on Agency, 313 ; Stone 1 Vent. 238; Sii- T. Eaym. 220; v. Cnrticriijht, 6'F. Ji. 411; Bmh y. Quarman v. Humdt, G M. & W. Steinmuu, 1 B. & P. 404 ; Bapson v. 499; Smith's Master and Servant, Curbitt, 9 M. & W. "10; Quannaii 3rd edit, 337. v. Burnett, (i M. & W. 710. (6) Story on Agency, 313 ; Stunt 1154 TAET XV.— THE MASTER'S LIABILITIES. Chap. II.] Liahililies of master for icro/i(/,s. Extent of his li;i)iility for A common carrier. principals, to third persons, not only for their own negligences, nonfeasances and misfeasances, hut also for the negligences, non- feasances and misfeasances of the suhordinate officers and others emph\ved hy and under them {d). This liability is founded upon the doctrine of the maritime law, which treats the master, not merely as an agent, contracting on his own behalf, as well as for the owner, but also in some sort, as an inferior principal and as a (pialified owner of the ship, jiossess- ing for the time the executive power (c). And his liability, founded upon this consideration, extends not merely ti) liis contracts, but also to his own negligences, nonfeas- ances ami misfeasances, and to those of his officers and crew. This great responsibility has also this reason for its support ; it induces the master to exercise greater watchfulness over the acts and conduct of the officers and crew. If he were not so liable, he might often, by his connivance in their frauds, misfeasances, negligences or nonfeasances, subject the shippers of goods, as well as the owners of the sliip, to great losses and injuries, without their having any adequate redress. The policy of the maritime law has therefore indissolubly con- nected the master's personal responsibility with that of all the other i)ersons on board, who are under his command and are subjected to his authority (/). On these grounds it is, that by our law the master of a general or carrier ship, as well as the owner, is regarded and treated as a common carrier for hire, and is held responsible as such. He is regarded therefore as an insurer of the goods and as responsible for the goods, after they have been delivered to the ship, in like maimer as any other connnon carrier, and nothing, in the absence of a special agreement, will discharge him from his responsibility to the owners of the goods, but a loss by some act of Providence, or inevitable casualty, or by some public enemy (g). (d) Stfjry on Agency, 314. v. Stembridge, 2S L. J. C. P. 329 ; (), but that he would be answerable to the shi})pers. This duty of the master. has however, in many cases, been modi- fied by custom or contract. In some, tlie cargo has been receivable at a distance from the ship's side (p), and in others, his liability has been postponed untU the goods have been actually stowed on board (q). In tliis latter class of cases, a stevedore appointed by tlie shipper is employed to perfonn that i)art of the ordinary duty of the master, which consists in loading and stowing the goods, and in (to) Cobban v. Downe, 5 Esp. N. (o) Petries v. Aitchison, 15 Faculty P. C. 41. Decisions, 493. (ji) See Part IV. , chap. 2; Blackie (p) Cobban v. Doivne, 5 Esp. N. V. Htmibridije, 28 L. J. C. P. :i29 ; P. C. 41. Sundifman v. Bcur, L. R. 2 Q. 15. (7) Per Willea, J., Blackie y. Stcrn- 98. hrid'je, 28 L. J. C. P. ^32. PART XY.— Till'] MASTER'S LI ABILITIES. 1157 Chap. II.] Liabilities of master far wrongs. such cases, it appears, that the master is not liable for damage How long hU liability con- caused by bad stowage (r). tiuina*. This liability of the master for the safe conduct of the goods continues until they are actually dehvered to the consignee. ^Vlu,'n they are once dehvered, however, it ceases. In one case, the custom of the river Thames having been proved to be such, a master was held liable for goods stolen from a lighter, which was fastened to the ship, and into which a purli(jn of the cargo had been delivered (s). When once however a lighter is fully laden, the resi)onsibility of the master is at an end {t). The principal is not liable by our law for the torts or injuries or negligences of his agents, in any matters beyond the scope of the agency, unless he has expressly authorized such torts, injuries, or negligences, or unless he has subsequently adopted them fi»r his own use or benefit (w). So, neither the master, nor the owner, is responsible for wilful ^V'"'.'' ' ^ injuries. injuries, or trespasses, which are done by the persons employed by him, and which were not acts ordered by the master or done in the course of the duty, which such persons were employed to perform {x). But, if the master deviates from the proper course of the voyage Deviatiou. and the goods shipped are afterwards injured by a tempest, or lost by capture or other peril, the shipper would be entitled to a full indenniity from the master and the owner {y). The master and owners are responsible for any loss or mjury that may occur subsequent to and during the deviation, even although it be occasioned by the act of God or the King's enemies (//). (r) Swuiitstoa v. Garrlck, 2 L. J. Croft v. Aliso,,, 4 Barn. & Aid. odO. Ex. 225. As to the master's liabili- (x) Story ou Ageucy, Sib ; JJuu- ties, when a stevedore is omi)loyud, cher v. Xuiditrom, 1 Taunt. 568. see Part IV., chap. 2. 0/) Stoiy ou Agency, 21S ; Davis (s) Catlei/x. JFijitri>i[/ham,FQako, v. (umdt, G Bing. 716; rurkcr \. 150. James, 4. Cami). 112; Dale v. Hale, (t) Robinson v. Turpin, Pcakc, 1 Wils. 281 ; Max v. Roberts, 12 20'6 n., Old edit. East, 8'J. (u) Story ou Ageucy, 156: I51S > 1158 r.vrvT XV.-THE MASTER'S LIABILITIES. Chap. II.] Liabilities of master for tvrongs. As to tlie liability of the master for defaults of tlie pilot, see Part X., Cliap. 11. As to the liability of the master for damiige caused by collision, see Part XII., Chapters 1, 2, 3, and 4. As to the liability of the master, if wrong signals are used, see Part XIII., Chap. 2, sect. 4. As to the master's liabilities under the Customs Acts, see infra, Part XV., Chap. 3. CHAPTER TIL THE LIABILITY OF THE MASTER UNDER THE CUSTOMS ACTS. Many of tlie provisions of tlie Customs Acts refer to the master and to his duties. Many others subject him to heavy penalties, if he infringes their provisions. In Part III. and particuhirly in Chapter 6 of that part, we have abeady given several of the sections of these Acts, which relate to the duties of the master in connection with the voyage. We propose in this chapter to give the other sections of those Acts, which more particularly refer to the master's duties. As to complaints and disputes between merchants and others and the officers of customs, the public investigation thereof, and inquiries touching matters relating to the customs, and the con- duct of officers or others concerned therein : If in the port of London any dispute shall arise between any Disimtcs an.l . . inquiries in masters or owners of ships, merchants, importers, consignees, London, shippers, or exporters of goods, or their agents, or licensed agents, and any officer of customs, with reference to the seizure or deten- tion of any ship or goods, or to any apparently accidental omission, inadvertence, or noncompliance with tlie laws or regulations relating to the customs, or toucliing the withdrawal of agents' licences, it shall be lawful i'ov the conunissioners to dispose of or determine such dispute in sucli manner as they may deem just [a). If upon considi raticm of tlie facts and circumstances out of F"'«'e'- to remit ■^ ... or niiti^-iite which such dispute shall have arisen tlie commissioners of customs penalties, shall be of ophiion that any penalty or forfeiture has been incurred («) U\S: IT Vict. c. 107, s. :!1. 11 GO PAET XY.— TTIE MASTER'S LIABILITIES. Chap. III.] J'hp h'ahiliiif of the nmster under the Cusioms Ads. b}' any such master, owner, merchant, importer, consignee, shipper, exporter, or au'ent, the said commissioners may, in case they shall he of i)|niii.)U that the penalty ought to he remitted, remit and forego tlie same accordingly, or, in case they shall he of opinion that a mitigated penalty should he imposed and enforced, mitigate any such penalty or forfeiture to such amount as they may (h'om a sufficient satisfaction for the breach of law or regula- tion complained oi{h]. ApiK?;il to open In case any such master, owner, merchant, importer, shipper, exporter, or agent shall feel himself aggrieved by the determination of the commissioners of customs in any of the cases aforesaid, or have any ground of complaint against any officer of customs in respect of anything done or omitted to be done by such of&cer in or about the execution of his duty, the party so feeling himself aggrieved shall, uiion an application in writing to the commissioners of customs, which ai)plication shall state the substance of his complaint, or the reasons of his dissatisfaction with such deter- mination, be entitled to have the facts and circumstances of such complaint (U- determination incpiired into by one of the said commissioners in tlie manner following ; — i.e., as i)rovided by the Act {<■). If at any of the outjjorts any dispute shall arise between any nitistcr or owner of ships, merchants, importers, consignees, shippers, or exporters of goods, or their agent or agents, and any officer of customs, with reference to the class of cases hereinbefore enumerated as arising or occui-ring in the port of Ijondon, the like inquiry shall lie holdcii, tlie like course of ])n)ceeding adopted, the like mode of taking evidence pursued, the like accommodation for the parties concerned provided, the like authorities for main- taining order given, and, as nearly as may be, the like matters in every respect done, as hereinbefore provided for intpiiry into and conduct of similar i)roceedings in the port of London, save and except that the duty hereinbefore prescribed to be performed by one of the commissioners of customs deputed for tbat purpose Disputes and in<|uiriti8 at out| .t 17 Vict. c. 107,8. :J2. (r) Ibid., .s. :V.]. PART XV.-TIIE ALVSTER'S LTATUTJTTES. 11 01 CiiAp. III.] The Imbility of tlie master under the Cuatoma Ada. shall be performed at such outports by the collector or comptroller or otlier oflicer of customs deputed for tliat purpose {d). If Hiiv sliip coniiii'^ into the United Kiii<,fdoui or into the Vessels in- 1 wiinJH. Channel Islands shall not come as quickly up to the proper place gj.ij, ^ cf.mo of moorinfj or unladinj:,' as the nature of the port will admit, with- '^^^^^l^ „„. out touching- at any other idace, and in proceedhig to such proper '-'"lius. an'l *^ • ^ . . ortng to at the place shall not bring to at the stations appointed by the conunis- sUitions for sioners of customs for the boarding of ships by the officers of the officem. customs, or if after arrival at such place such ship shall remove from such place, except directly to some other proper place of mooring ov unlading, and with the knowledge of the proper officer ol the customs, or il the master oi any ship on board ot Mhicli an} ^^^^^ of officers officer is stationed neglect or refuse to provide every such officer on l>oard. sufficient room under the deck in some part of the forecastle or steerage for his bed or haimnock, the master of such vessel shall Penalty of 20^. forfeit the sum of twenty pounds (c). The proper officers of the customs may board any ship arriving ^^^^^^^ at any port in the United Kingdom or the Channel Islands, and freely stay on board until all the goods laden therein shall be duly delivered from the same, and shall have free access to every part J^"^,g^^^J^'/^J° of the ship, with power to fasten down hatchways or entrances to parts, the hold, and to mark any goods before landing, and to lock up. May seal or ' " Till- ^i-'ure goiKis seal, mark, or otherwise secure any goods on board such ship ; ami open and if any place or any box or chest be locked, and the keys be withheld, such officers, if they be of a degree superior to that of tidewaiter, may open any such place, box, or chest in the best manner in their power, and if they be tidewaiters, or only of that degree, they shall send for their superior officer, who may open or cause to be opened any such place, box, or chest in the best manner in his power; and it' aiiv goods be found e.mcealed on ««<>'>s con- iiiciiiin^i ill • 1 > , o ^ ^ cealeil for- board anv such ship they shall be foi-feited ; and if the officers feit«(l. shall place any lock, mark, or seal upon any gooils on board, and ,,^0^60, ma.ster such lock, mark, or seal be wilfully opened, altered, or broken ^o forfeit loo/, before due delivery of such goods, or if any of sueh goods be secretly conveyed away, or if the hatchways or entrances to the (<0 k; iS; 17 Vict. c. 107, s. ;;7. (< ) IliiJ-, ?• ^7. 1102 PART XV. -THE MASTER'S LIABILITIES. Chap. III.] The liahiUfij of the master under the Customs Acts. Officers may put seHl^fl llJKiU stores inwanls. If such seals be broken, or tlie stores secretly con- veyed away, m.tster to for- feit 20/. Time and place of landing goods inwards. Good* un- 8lii]iiied con- trary to regu- lationM forfeited. hold, after having been fastened down by the officer, be opened, the })i(ister of such ship shall forfeit the sum of one hundred pounds ; and if the projjcr officer of the customs shall place any lock, mark, or seal ui)t)n any stores on board any ship or vessel arriving in the United Kingdom, and such lock, mark, or seal be wilfully opened, altered, or broken, or if any such stores be secretly conveyt'd away, either while the ship remains in the 2)ort at which she shall have so arrived, or before she shall have ar- rived at any other port in the United Kingdom to which she may then be about to proceed, the master of such ship shall forfeit the sum of twenty pounds (/). No goods, except diamonds, bullion, lobsters, and fresh fish of British taking and imported in British ships, which may be landed without report or entry, shall be unshipped from any ship arriving from parts beyond the seas, or be landed or put on shore on Sundays or holidays, nor shall they be so unshii)ped, landed, or put on shore on any other days, except between the hours of eight o'clock in the morning and four o'clock in the afternoon from the first day of March until the first da}- of November, and between the h(jurs of nine o'clock in the morning and four o'clock in the afternoon from the first day of November until the first day of March, or during such other hours as may be ap})ointed by the connnissioners of customs ; nor shall any goods be unshipped or landed unless in the presence or with the authority of the proper officer of the customs, nor shall they be so landed except at some legal quay, wharf, or other place duly appointed for the landing of goods, nor sliall any such goods after having been un- shipi)e(l, or i)ut into any b(jat or crait to be landed, be tranship])ed or removed into any other boat or craft previously to their being landed without the permissi(jn of tiie proper ofiicer of the customs; and if any such goods shall be uiis])ipi)ed, landed, transhipped, or removed contrary hereto the same shall be forfeited, and if any g(jods shall be unshii)ped or removed from any importing ship for tlie i)urpose (jf being landed alter due entry thereof, such goods shall be forthwith ix-moved to and hinded at the wliai)', (piiiy, or (/) 1G& 17 Vict. c. 107, s. 48. PART XV.— THE MASTER'S LIABILITIES. nn3 Chap. III.] The h'abilifi/ of the master under the Cusloms Arts. other place at which the same are intended to be landed ; and if such goods are not so removed and landed the same shall be f(jr- feited, together with tin; barge, lighter, boat, or other ves^iel employed in removing the same (//). As to the report of the cargo of merchant ships, and of ships in commission bringing merchandise from parts beyond the seas : The master of every ship, whether laden or in ballast, shall within twenty-four hours after arrival from parts beyond the seas at any port in the United Kingdom, and before bulk be broken, make due re^iort of such ship in the form following, or to the same effect, and containing the several particulars indicated or required thereby ; and if the cargo of such ship shall have been laden at several places shall state the names of those places in column 1 in the order of time in which the same were laden opposite to the particulars of the goods so laden {h). Goofls not forthwith re- moved and lauded, for- feited. Master to re- port within twenty-four hour.s after arrival. Port of REPORT. Tonnage. British or Foreign ; if British, Port of Registry ; if Foreign, Country to which she belongs. Number of Crew. Name of Master, and whether a British or Foreign Subject. Port or Ship's Name. British Seamen. Foreign Seamen. Place from whence arrived. Here state the Particulars according to the above Headings. Total. Form of reiiort. Particulars relating to ship. CARGO. 1. 2. 3. 4. Packages and 5. 6. 7. Name Descriptions of Goods, Particulars of Goods Particulars Goods (if any) or Niunes of, stowed loo.se, and 01 l.KK.i ts ^^^ ^^^ Phxces General Denomin.ation Name ami vjooas tr^ushipped (It any) / ^ for any other ,J''.„ „„ Port in the "f'i"»o° where Marks. Nos. of Contents of each of laden in Package of Tobacco, Consignee. order Cigixrs, or Snuff ,. .. , boiird ^V'"'^^^^ for Ex- of Time. intended to be imported at this jvin^uom. p(,j.t_.jtij,n Port. Particulars of cargo (if any). ((/) 16 & 17 Vict. c. 107. s. -ly. (;*) Ibid., s. 50. 4 K U^^-i PART XV.— THE MASTER'S LIABILITIES. Chap. III.] jJi/> UaMity of the master under the Customs Acts. If "in ballast" Here state the Particulars according to the above Headings, or if in Ballast, to be so stated. state " V» Ballast only.^' STORES. Particulars of „ , „ . . . , , . stores &c. Stirpliis Stores remauimg on board, viz. Number of Alien Passengers (if any) Pilots' Names .... At what Station Sbip lying Agent's Name and Address . Declaration of I declare that the Entry aliove written is a just Report of my Ship and of inaster. her Lading, and that the ParticuLirs therein inserted are true to the best of my Knowledge, and that I have not broken bulk or delivered any Goods out )f my said Ship since her Departure from Place of Loading, {except, if so, at (Signed) Signed and declared this Day of In Presence of (Countersigned) Collr. or Contr. (i) , the last Foreign , stating where.) Master. C>n failure master to forfeit 100/. Comirii.ssioned Hhi]>.s, Ijriti.'ih or Foreign, baring goods on board, per- Hon in charge to deliver an account, or forfeit 100/. If such master shall wilfully fail to make such report accorcliug to the particulars hereinbefore set forth, so far as the same are applicable to such shiji, cargo, and voyage, or if the particulars or any of them contained in such report be false, such master shall forfeit the sum of one hundred pounds (Jc). The captain, master, pui'ser, or other person having the charge of any ship (having commission from Her Majesty, or from any foreign state) having on board any goods laden in parts beyond the seas shall on arrival at any port in the United Kingdom, and before any part of such goods be taken out of such ship, or when called upon so to do by any officer of the customs, deliver an account in writing under his hand to the best of his knowledge of the quality and quantity of every package or parcel of such goods, and of the marks and numbers thereon, and of the names (i) IG & 17 Vict. c. 107, s. .50. (fc) Ibid., s. 51. PART XV.— THE MASTER'S LIABILITIES. 1105 Chap. III.] The liability of the master under the Custmns Acts. of the respective sliippers and consignees of the same, and shall make and snbscribe a declaration at the foot of such account declaring to the truth tliereof, and shall also truly answer to the collector or comptroller such questions concerning such goods as shall be required of him, and on failure thereof such captain, Penalty on ma-ster. master, purser, or other person shall forfeit the sum of one liun- dred pounds ; and all such ships shall be liable to such searches Such ships as merchant ships are liable to, and the officers of the customs search, may freel}' enter and go on board all siich ships, and bring from thence on shore into the Queen's warehouse any goods found on board any such ship as aforesaid, subject nevertheless to such regulations in respect of ships of war belonging to Her jNIajesty as shall from time to time be directed in that respect by the com- missioners of Her jMajesty's treasury (0- The master of every shiji arriving from parts beyond the seas Master to ' 1 IT 1 n deliver bills shall at the tmie of making such report dehver to the collector of lading and or comptroller, if required, the bill of lading, or a copy thereof, ^^^^^^^ ''"*^^' for every part of the cargo laden on board, and shall answer all such questions relating to the ship, cargo, crew, and voyage as shall be put to him by such collector or comptroller ; and in case of failure or refusal to answer such questions or answer truly, or to produce any such bill of lading or copy, or if any such bill of lading or cop}' shall be false, or if any bill of lading be uttered or produced b}' any master, and the goods expressed therein shall not have been bona fide shipped on board such ship, or if any bill of lading uttered or produced bj'^ an)-^ master shall not have been signed b}' him, or any such copy shall not have been received or made by him, previoush' to his leaving the place whore the goods expressed in such bill of lading or copy were shipped, or if Ruik n.^ to after the arrival of any ship within four leagues of the coast of stowafre the United Kingdom bulk shall be broken, or any alteration made '''^*^'''-'''- in the stowage of the cargo of such ship so as to facilitate the unlading of any part of such cargo, or if any part be staved, destroyed, or thrown overboard, or any package be opened, unless accounted for to the satisfiiction of the commissioners of customs, (/) in .oueil and exainlnctJ. Prohibited goooats^t^ deem expedient in respect of vessels and boats not exceeding one exceeding one hmidred tons burden, for the purpose of prescribing, with hundred tons. . ... reference to the tonnage, build, or description of such vessels or boats, the limits within -which the same may be employed, the mode of navigation, the manner in which such vessels or boats shall be so employed, and, if armed, the number and description of arms, the quantity of ammunition, and such other terms, par- ticulars, conditions, and restrictions as the said commissioners ma}' think fit, and also from time to time may revoke, alter, or vary such regulations ; and the general regulations made under any former Act, and in force at the time of the passing of this Act, shall remain and continue in force until altered, varied, or revoked (s), Veshci.s ami Eveiy ship or boat which shall be used or employed in any contrar)' to manner contrary to the regulations prescribed by the commis- Trf '■'ted"" sioners of customs shall be liable to forfeiture, unless the same shall have been specially licensed by the commissioners of customs to be so used or employed, as next hereinafter pro- vided (0. ComrnKSKionere 'Y\\fi commissioners of customs ma^', if they shall so think fit, of Cui»tom.s {q) 16 & 17 Vict. c. 107, «. 165. (s) Ibid., s. 199. (r) Ibid., b. 16(J. {i) Ibid., s. 200. PAET XV.— THE MASTER'S LIABILITIES. 11G9 Chap. III.] The lialUittj of the master under the Customs Acts. grant licences in respect of any vessels or boats not exceeding n'.iy i:raiit n]K.(;i;illi<-eni.e«, one Jiundred tons burden, upon sucb terms and conditions, and ou tcruui. subject to such restrictions and stipulations, as in such licences mentioned, notwithstanding any general regulations made in piu'suance of this Act, whether the said regulations shall be revoked or not ; and if any vessel or boat so licensed shall not comply with the conditions imposed by or expressed in any such licence, or if such vessel or boat shall be found without having such licence on board, such vessel or boat shall be foifeited («/). The commissioners of customs may revoke, alter, or vary any Comniissionera 11 ™*y revoke licence or licences granted under any icn'iner Act, or winch may ikencea. hereafter be granted under this or any other Act relating to the customs {x). If any such vessel or boat shall be used in the importation. Vessels made , T , . /. , 1 use of in landing, removal, carriage, or conveyance oi any uncustomed or removal of prohibited goods, the same shall be forfeited, and the owner and "ncustomed A " ' ' or proliiliited master of every such vessel or boat shall each forfeit and pay a goods forfeited. j)enalty equal to the value of such vessel or boat, not in any case exceeding five hundred pounds (?/). All the regulations which shall be so made by the said commis- Rcgxilations to , . extend to sioners ot customs relating to vessels and boats, and the power channel to grant, revoke, or vary such licences, shall extend to the Channel ^ ^^ "* Islands {z). No ship or boat belonging wholly or in part to Her Majesty's shijis n.n to subjects shall sail from the Channel Islands without a clearance, cuanne'r whether in ballast or having a cargo; and if with cargo, ^1^^' J„t*"l|^iJ^ master shall give bond to Her Majesty in double the value of such cargo for the due landing thereof at the port for which such sliip or boat clears ; and every such ship or boat not having such Forfeiture, clearance, or which, ha\iiig a clearance for her cargo, sliall be found light, or to have discharged any part of her cargo before arrival at the port or place of discharge specified ui the cleiu-ance, shall be forfeited {a). [u) 16 & 17 Vict c. 107, s. 201. (2) Ibid., s. 204. {J) Ibid., s. 202. (") Ibid., s. 20J. {y) Ibid., s. 203. 1170 PAET XV.- THE MASTER'S LIABILITIES. Chap. III.] Tlie lial)ilitij of Ow muster under the Customs Acts. Ii\ats of ves- Tlio owuer of evciT sliip belonging wholly or in part to any of BcJs to have TTAr'i» i- thereon the -H^^i' ^uiijesty s suojects sliail pamt or cause to be panited upon IlJIt' .tid^"^^'' ^^^^ outside of the stem of every boat belonging to such ship the master. name of such ship and the port or place to ■which she belongs, and the master's name withinside the transom, in white or yellow Roman letters, not less than two inches in length, on a black gi'ound, on pain of the forfeiture of every such boat not so marked, wherever the sanie*sliall be found {b). British vessels All ships and boats belonging whoU}^ or in part to Her having secret •« r • > pLices for con- Majesty s subjects having false bulkheads, false bows, double devic'esfor sides or bottoms, or any secret or disguised place whatsoever, niuuing goods, adajited for the purpose of concealing goods, constructed m such VL-iseis having ships or boats, or having any hole, pipe, or device in or about places, for- such ships or boats adapted for the purpose of running goods, **' ' shall be forfeited ; and all foreign ships or boats coming into any port of the United Kingdom having on board an}^ goods liable to the payment of duties, or prohibited to be imported into the United Kingdom, concealed in false bulkheads, false bows, double sides or bottoms, or in any secret or disguised place whatsoever, constructed in sucli ships or boats, shall be for- feited ((•). Goods un- If any goods liable to the j)ayment of duties shall be unshipped shipiifd with- out payment of u'om any ship or boat in the United Kingdom (customs or other hi'i.iVed'Koods ^^"ties not being first paid or secured), or if any prohibited goods hai.lc to for- ■\vhatsoever shall be imported or brought into any part of the United Kingdom, or if any goods whatever which shall liave been warehoused or otherwise secured in the United Kingdom, either for liomc consumption or exportation, shall be clandestinely or illegally removed from or out of any warehouse or place of Prohibited Security ; or if an}' goods wliicli are proliibited to be exported oTvi'at^-ru'.rn'e ^^^^^^ ^-'^ P*^^ ^^^ board any ship or boat, with intent to be laden Tvith int*nt to or sliipped for exportation, or shall be brought to any quay, kc. wljarf, or other place in the United Kuigdom, in order to be put on board any sliip or boat for the purpose of being exported ; or if any goods which are i)rohibited to be exported shall be found {b) IG *^ 17 Vict. c. 107, «. 20G. {<■) Ibid., s. 208. PART XV.— THE MASTER'S LIABILITIES. 1171 Chai'. III.] The Uahilihj of the master under tlm Customs Acts. in any package produced to any officer of customs as containing goods not so prohibited ; or if any goods subject to any duty or Goo:l'^ " 'th cert:iin ^immIs the coast of the United Kingdom, or if any ship or boat shall be on bo;ini, for- foimd or discovered to have been within one league of the Channel ^^l^ ^^^^l Islands, any such ship or boat so found or discovered, having on board or in any manner attached thereto, or having had on board ('/) IG & IT Yiot. c. 107, s. '200. (t) Ibid., s. 211. 1172 PAET XV.— THE MASTEE'S LL4BILITIES. Chap. III.] The UahiUtij of tli£ master iindm- the Customs Acts. Any vessel or bait arriving 'H-ithin any port of the Unitc'ing or having conveyed in anj^ manner any spirits not being in a cask or other vessel capable of containing liquids of the size or content of twenty gallons at the least, or any tobacco or snutf, not being in a whole and complete package containing eight}' pomids weight of such tobacco or snuff at least, shall forfeit the sum of ^100, and ever}^ such person shall and may be detained and taken before any justice to be dealt with as liereinafter directed (i). Penalty on jf any person shall cause to be imported goods of one denomi- fr.iuiiulent * . imiK)rt entries nation concealed in packages of goods of any other denomination, ment^"^ ' ^^' shall directly or indii*ectly cause to be imported or entered any package of goods as of one denomination, but which shall after- wards be discovered, either before or after delivery thereof, to contam other goods subject to a higher rate or amount of duty tluui those of the denomination by which such package was entered, such package and aU goods contained therein shall be forfeited, and every person shall forfeit and pay for every such oflfence a penalty of one hundred pounds, or treble the value of the goods contained in such package at the option of the commis- sioners of customs (/i). Ships in port If any ship or boat whatever shall be found within the limits and afterwards of any p(jrt of the United Kingdom with a cargo on board, and found in bal- g^^j^ ^j^- -^ ^^, \jqq^^ shall afterwards be found light or in ballast, last and cargo ■•■ " ' unaccounted and the master is unable to give a due account of the port or for, forfeited. . i i • place withm the United Kingdom where such sliip or boat shall have legally discharged her cargo, such ship or boat shall be forfeited (0- Ceruin ships p]very ship or boat belonging wholly or in part to Her froiu which -.f-ji- 1- g(io-l.s are jiajesty s subjects, or having on board one or more of Her lx»rd"o pre'- ^^^j^sty's subjects, which sliall be found or discovered to have vent wjizure to been within four leagues of that part of the coast of the United be forfeite.J. ^. . '^ ^ Kingdom which is between the North Foreland on the coast of Kent and Beechy Head on the coast of Sussex, or within eight (0 18 & 19 Vict. c. 96, 8. 28. (/) IG & 17 Vict. c. 107, s. 215. (A-) 22 & 23 Vict. c. 37, s. G. PART XV.— THE MASTER'S LTARTLITIES. 1175 Chap. III.] Tlie liahiUhj of the master under the Customs Acts. leagues of any other part of the coast of the United Kingdom, from wliich any part of the lading of such ship or boat shall have been thrown overboard, or on board which any of the goods shall be staved or destroyed to prevent seizure, shall be forfeited {m). When any ship or boat belonging wholly or in part to Her ^'"'I's v,elong- Majesty's subjects, or having one half of the persons on board Majesty's sub- being subjects of Her Majestj'', shall be found within one hundred onehaUofVhf leagues of the coast of the United Kmgdom, and shall not bring Persons on o o ' o board sub- to upon signal made by an}^ vessel or boat in Her Majesty's jects of Her service or in the service of the revenue, hoisting the proper ing overboard pendant and ensign in order to bring sucli sliip or boat to, and ^"^j^^^^^^^ thereupon chase shall be given, if any person or persons on board forfeited, and sucli ship or boat so chased shall during the chase, or before such caping deemed ship or boat shall bring to, throw overboard any part of her ^" ^^'^ *' lading, or shall stave or destroy an}' part of such lading, to prevent seizure thereof, then and in any such case such ship or boat shall be forfeited ; and all persons escaping from any such ship or boat, or from any foreign ship or boat, durmg any chase made thereof by any vessel or boat in Her Majesty's service or in tlie service of the revenue, shall be deemed subjects of Her Majest}-, unless the contrary be proved («). If any ship or boat Hable to seizure or examination under this Ships to bring . to on being or m\y Act for the prevention oi smuggling shall not bring to chased by when required so to do, on being chased b}' any vessel or boat in gg^^f^." '^® Her Majesty's nav}' having the proper pendant and ensign of Her Not bringing INIajesty's ships hoisted, or b}' any vessel or boat dul}' emplo3'ed fi°ed7nto. for the prevention of smuggling, having a proper pendant and ensign hoisted, it shall be lawful for the captain, master, or other person having the cliarge or command of such vessel or boat in Her Majesty's nav}', or employed as aforesaid, (first causing a gun to be fired as a signal,) to fire at or into such sliiji or boat, and such captain, master, or other person acting in his aid or by his threction, shall be and is hereb\' indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing (o). {m) 10 & 17 Vict. c. 107, s. 210. (o) Ibid., s. 218. {),) Ibitl.. s. 217. 1176 r.VET XY.— THE MASTEE'S LIABILITIES. Chap. III.] The linMifij of the master under the Customs Acts. Ships may be Any officer 01* officers of the ariny, navy, or marines duly within the eniployecl for the j^revention oi smvigghng, and on luli pay, or any iHut^'* **' officer or officers of customs, producing his or their warrant or deputation (if required), may go on board an}^ ship wliich shall be Avithin the hmits of any port of the United Kingdom, and rummage and search the cabin and all other parts of such ship for prohibited or uncustomed goods, and remain on board such ship so long as she shall continue within the limits of such port (p). Ships and All sliips, boats, Carriages, or other means of conveyance, boats u.«e(.l in ^ • ^ -i r^ • removal of together witli all horses and other animals made use of m the be'fo«eite(L removal, carriage, or conveyance of any goods liable to forfeiture under this or any other Act relating to the customs, shall be forfeited {q). Notice to be "Whenever an}- ship, boat, or goods sliall be seized as forfeited Itt^^officerto' under this or any Act relating to the customs, the seizing officer owner of ships gjj.^^ forthwith give notice in writing of such seizure, and of the or goods seized, " ° and seizures to grounds thereof, to the master or owner of such ship, boat, or !« ckime ^ i. whether un- restriction, and whether the same be unshipped or not; and every and jjersons ' person who sliall uuship, or assist or be otherwise concerned in barUuring' or ^^ uusliipping of any goods which are prohibited or of any having ciwtfxly goods whicli are restricted and imported contrary to such restric- of Huch goods, to forfeit treble tion, or of any goods liable to duty, the duties for which have 100/. ' not been paid or secured ; or who shall knowingly harbour, keep, or conceal, or shall knowingl}^ permit or suffer or cause or procure to be harboured, kept, or concealed, any such goods, or an}^ goods which shall have been illegally removed without payment of duty from any warehouse or place of security in which they may have been deposited ; or to whose hands and possession any sucli (u) 16 & 17 Yict. c. 107, s. 229. (^) Ibid., a 231. (x) Ibifl. , 8. 2.iO. TART XV.— THE MASTER'S LIABILITIES. II70 Chap. III.] The Uahiiiiij of the master under the Customs Acts. goods shall knowingly come ; or who shall assist or be concerned in the illegal removal of any goods from any warehouse or place of security in which tliey shall -have been deposited as aforesaid ; or who shall be in any way knowingly concerned in conveying, removing, depositing, concealing, or in any manner dealing with anj^ goods liable to duties of customs, with intent to defraud Her Majest}^ of such duties or any part thereof; or who shall be in any way knowingly concerned in any fraudulent evasion or attemi)t at evasion of such duties or an}' part thereof ; shall in each and every of the foregoing cases forfeit either treble the value of the goods or the peiialty of one hundred pounds, at the election of the commissioners of customs {z). Every subject of Her Majesty who shall be found or discovered Pci-sons foim.i or discoveretl to have been on board any ship or boat liable to lorteiture under to have been this or any Act relating to the customs for being found or dis- g",^ UaUe^to' covered to have been within any of the distances in this Act foifeiture for being found mentioned from the United Kingdom or the Channel Islands, within certain having on board or in any manner attached thereto, or having had coast, subject on board or in any manner attached thereto, or conveying or ^°.^J ^°™' •' ' .; o mitted to any having conveyed in any manner, such goods or things as subject House of Cor- such ship or boat to forfeiture, or who shall be found or discovered to have been within any such distances as aforesaid on board any ship or boat from which any part of the cargo or ladmg shall have been thrown overboard, or staved or destroyed, to prevent seizure, and every person, not beuig a subject of Her IMajesty, who shall be found or discovered to have been on board any ship or boat liable to forfeiture for any of the causes last aforesaid within one league of the coast of the United Kingdom or of the Channel Islands, shall, upon being duly convicted of any of the said offences before any justice, be adjudged by such justice, for the first of such offences to be imprisoned in any house of correc- tion, and there kept to hard labour, for any term not less than six nor mcne than nine months, and for the second of such offences for any term not less than nine nor more tiian twelve months, and for the third or any subsequent offence for twelve (2) 10 & IT Vict. c. 107, s. 232. 1180 TAET XV.— THE MASTER'S LIABILITIES. Chap. III.] The liaMlity of the master wider the Customs Acts. months ; and every such person may be detained, and taken before any justice, to be dealt with as hereinafter directed (a). Iiiterjtreiation As to thf iutt-riuvtation of terms used in this Act; For the purposes of this Act, — "Assistant barrister" shall, with respect to matters or proceedings in the county of Dublin, be construed as meaning the chainnan of Kilmainham, and with respect to matters or proceedings in the city of Dublin, be construed as meaning the recorder of the city of Dublin : "Attorney general" shall include solicitor general or other chief law officer of the crown in any of Her Majesty's l)ossessions abroad where there is no attorney general : " British possession " shall include colony, i:)lantation, island, territory, or settlement belonging to Her Miijesty : •" Channel Islands " shall mean the islands of Guernsey, Jersey, Alderney, and Sark : " Collector and comptroller ' generall}', wherever any act, matter, or thing shall or may be required by this or any other Act of Parliament to be done by or with the collector and compti'oller of any port or place, the same may be done b}' or A\ith the collector or comptroller or other prm- cijial acting officer of customs at such port or place, and be as valid and effectual as if done by oi' with any collector and compti'oller : " Commissioners of the treasury " shall mean the Lords commissioners of Her Majesty's treasury : " Commissioners oi customs " shall mean the commissioners of Her Majesty's customs : " County " shall mean and include any city, county of a city, county of a town, borough, or other magisterial jurisdic- tion, or any place or district enumerated in section two hmulred and seventy-four of this Act, unless there be something in the subject or context repugnant to such construction : " Drawback " shall include bounty : {(I) Itj & 11 Vict. c. 107, .s. 233. PART XV.— THE MASTER'S LIABILITIES. 1181 Chap. III.] Tfis UabiJitu of the master under the Customs Acts. " Her Majesty " shall mean Her Majesty, her heirs and successors : "Justice" shall mean justice of tlic peace, and include deemster or any other magistrate : " Landing waiter " shall inchide any officer duly authorized to superintend the landing and examination of goods on their importation : " Limits of East India Company's charter " shall mean the Cape of Good Hope and all places and seas eastward thereof to the Straits of Magellan : ** Master " shall mean the person having or taldng the charge or command of any ship : " Queen's warehouse " shall mean any place provided by the crown for lodging goods thereii} for security of the customs : " Seaman" shall include mate, mariner, sailor, or landsman, being one of the crew of any sliip ; " Ship " shall mean ship or vessel of any description, unless used to distinguish a ship from a sloop or some other description of vessel : ■^ Warehouse " shall mean any place in which goods entered %o be warehoused may be lodged, kept, and secured {b). ip) 16 & 17 Vict. c. 107, s. 357. APPENDICES. APPENDICES. No. 1. Table P. (See 17 & 18 Vict., c. 104, s. 125.) Fees to be cliaiged for matters tnuisacted at Shipping Otlices. £ s. d. 4 7 \r> 1 1 .'i 1 10 1 15 r> :^ 1. Engagement of Crews. lu ships under 60 tons. 60 to 100 ,, . 100 to 200 ,, . 200 to 300 ,, . 300 to 400 ,, . 400 to 500 ,, . 600 to 600 ,, . 600 to 700 ,, , .200 700 to 800 ,, . . 2 .5 800 to 900 ,, . . 2 10 900 to 1000 ,, . .2 1.1 Above 1000 ,, . .300 And so on for sliips of larger tonnage, adding for every lilO tons above 1000, five shillings. 2. Engagement of seamen separately. Two shillings for each. 3. Discharge of Crews. In sliips under i>i) til 60 tons 100 , 2(11) 100 I, 200 t( 300 to 400 400 to 500 50(1 to 600 600 to 700 700 to 800 800 to 900 900 to lOOO Above 1000 £ s. 4 7 15 1 1 5 1 10 1 15 2 2 5 2 ]0 2 15 3 And 1)11 for ships of Uirger tonnage, for every 100 tons above 1000, addinr five shillings. 4. Discharge of seamen separately. Two shillings for each. No. 2. Table Q. (See 17 & 18 Vict., c. 104, s. 126.) Sums to be deducted from wages by way of partial repayment of Fees in Table P. 1. In respect of engagements and dis- charges of crews, upon each en- gagement and each discharge. From wages of any mate, puiser, engineer, surgeon, car- ■•-■. d. jicnter, or steward . 1 6 ,, all otiiers except appi-enticea 1 2. In respect of engagements and dis- charges of seamen separately, upon each engagement and each discharge. One shilling. a 2 No. 3. INSTRUCTIONS ISSUED BY THE BOAED OF TEADE, May, 18G6. RELATIVE TO THE EXAMINATIONS OF MASTERS AND MATES UNDER THE MERCHANT SHIPPING ACT, 1854, AND THE MERCHANT SHIPPING ACT AMENDMENT ACT, 1862. Masters and ^- UNDER the provisions of "The Merchant Shipping Act, 1854," no mates must " Foreign-going Sliip " * or " Home Trade Passenger Ship " * can obtain a have clearance or transirc, or legally proceed to sea, from any port in the United certificates. Kingdom, unless tlie master thereof, and in the case of a foreign-going ship, the 17 & 18 Vict. fjj.^j jjjjfi second mates or only mate (as the case may be), and in the case of a ^ d'lei'* ^^^ " Home Trade Passenger Ship " the first or only mate (as the case may be), have obtained and possess valid certificates, either of competency or service, appropriate to their several stations in such ship, or of a higher grade ; and no such ship, if of one hundred tons burden or upwards, can legally proceed to sea unless at least one officer besides the master has obtained and possesses a valid certificate, appn)priate to the grade of only mate therein, or to a higher grade ; and every person Avho having been engaged to serve as master, or as first or second or only mate of any " Foreign-going Ship," or as master or first or only mate of a " Home Trade Passenger Ship," goes to sea as such master or mate •without being at the time entitled to and possessed of such a certificate as the Act requires, or who emj)loys any person as master, or first, second, or only • Bv a "foreign-going sliip " is meant one which is bound to some place out of the UniteJ Kingdom beyond the limits inchuleil Ijctween the river Elbe and Brest ; and by a " home-trade j;a.Hsenger .ship " is meant any home-trade ship employed in carrying pas- sengers ; and it is to be observed that foreirjn steam ships ivJwn employed in carrying pajtscnyers between places in live United Kingdom are subject to all the provisions of the Act, as regards certificates of masters, mates, and engineers, to which British steam ships are subject : s. 201 of tlie Merchant Shipping Act, 1854, and s. 5 of the Merchant Shipping Acts, &c., Amendment Act, 1862. APPENDICES. No. 3.] Examinalmi of masters and mates for certificates of competency. mate of any " Foreign-going Ship," or as master or first or only mate of any " Home Trade Passenger Siiip," without ascertaining tliat he is at the time entitled to and j^osse.sscd of sucli certiticate, for each oj/'mtce incurs aptnaUij not exceediiKj fift u po^uids. 2. Every certiticate of com2)etency for a " Foreign-going Ship " is to 1)6 deemed Certificate of to be of a higher grade than the corresponding certiticate for a " Home Trade competency for Passenger Ship," and entitles the lawful holder to go to sea in the corresponding |^]^\?^^^Y^\„^'^^°^ grade in such last-mentioned ship ; but no certificate for a " Home Trade tlian that for Passenger Shi})," entitles the holder to (jo to sea as master or mate of a '' Foreign- "home trade going Shijy." sh?T"^r 137 3. Certificates of Competenci/ will be granted to those persons who pass the _ ; '. . ' , requisite examinations, and otherwise comply with the requisite conditions, competency For this purjjose examiners have been appointed, and arrangements have been granted to made for holding examinations at the ports and upon the days mentioned in rci-sons who the Table marked A. appended hereto. The days for examination are so ^'^ ^^It'ons arranged for general conveidence, that a candidate wishing to proceed to sea, g ^Zi and missing the day at his own port, may proceed to another port where an examination is coming forward. 4. Candidates for examination must give in their names to the Local Marine Notice of Board if the place where they intend to be examined is a port where there is a application for Local Marine Board, on or before the day of examination (except in the case of ^•'^^'^'"'^ J°° ® , . . .... be given to London* and Liverpool), and niUi^t conform to any regulations in this respect superintendent wliiih may be laid down by the Local Marine Board ; and if this be not done, or local marine delay may be occasioned. board. 5. Testimonials of character, and of sobriety, exiDerience, ability, and good Testimonials of conduct on board ship will be required of all applicants, and without producing character, them no person will be examined. As such testimonials may have to be ahilitv ' forwarded to the office of the Eegistrar-General of Seamen in London for required, verification before any certificates can be granted, it is desirable that candidates s. 134. should lodge them as early as possible. The testimonials of servitude of foreigners and of British seamen serving in foreign vessels, which cannot be verified by the Registrar-General of Seamen, must be confirmed cither by the consul of the country to which the shij^ in which the candidate served belonged or by some other recognized official authority of that coimtry, or by the testimony of some credible pereon on the spot having pei"sonal knowledge of the facts required to be established. Upon application to the superintendent of the Mercantile Marine Office candidates will be sujiplied with a form (Exn. Exn. 2. 2.), which they will be required to fill up and lodge with their testimonials in the hands of the examiners, 6. Services which cannot be verified by projier entries in the articles of the ships Verification of in Avliich the candidates have served cannot be counted. Thus,— for instance, services, &c. a man will state his service to have been as second or only mate, and to sup- '^ ''^^ '*^ '^^^ port his assertion will produce a certiticate of discharge or of employment by the master stating that he served as mate, when on reference to the articles it * At London applications for examination must be made on Fridaj-s from 10 till 4, and on Saturdays from 10 till 3. At Liverpool ai)plications for examination must be made on Tuesdays, Wednesdays, Thursdays, and Satiiniays, during office houi-s. VI APPENDICES. No. 3.] Examination of masters and mutes for certificates of competency. Exaiuin.ttions cMutinued till »1I the canilidatcs are exaiuineil. appears that he has actUixlly been rated as boatswain ; the service in such a case will not be regarded as having been in the capacity of mate. AVheuever a man has, from any cause, been regulaily ]n'omoted on a vacancy in the course of the voyage from the rank for which he first shipped, and sucli ]>romotion, witli the ground on which it has been made, is properly entered in the articles and in the otlicial log book, he will of course receive credit for his serWce in the higher grade for the period subsetpient to his piomotion. 7. The examinations will commence early in the forenoon on the days mentioned in Table A.,* apjx'nded hereto, and will be continued from day to day until all the candidates whose names appear upon the superintendent's list on the day of examination are examined. 8. Where the Local Marine Board are in every respect eatistied with the testimonials of a candidate, service in the coasting trade may be allowed to count as service, in order to qualify him for examination for a certificate of competency for foreign-going ships as a mate, and two years' service as mate in the coasting trade may be allowed to count as service for a master's certifi- cate, jirovided the candidate's name has been entered as mate on the coasting articles, and provided he has already passed an examination. Porei'^px-goiny gfi ip. Qualifications for certificates of comi»ct€ncy. K. 131, 132. Second mate. Only mate. Qualifications for Certificates of Competency for a "Foreign-going Ship." The qualifications reijuired for the several ranks undermentioned are as follow : — 9. A Second Mate must be seventeen years of age, and must have been four years at sea. In Xavifj'ition. — He must write a legiVile hand, and understand the first five rules of arithmetic, and the use of logarithms. He must be able to work a day's work complete, including the bearings and distance of the port he is boimd to, by ^lercator's method ; to correct the sun's declination for longitude, and find his latitude by meridian altitude of the sun ; and to work such other easy problems of a like nature as may be put to him. He must understand the use of the sextant, and be able to observe with it, and read ott" the arc. In Seamannhip. — He must give satisfactoiy answers as to the ligging and unrigging of ships, stowing of holds, &c. ; must understand the measurement of the log-line, glass, and lead-line ; be conversant with the rule of the road, as regards both steamers and sailing vessels, and the lights and fog signals carried by them, and will also be examined as to his ac(juaintance with " the Commercial Code of Signals for the use of all nations." 10. An Only Mate must be nineteen years of age, and have been five years at sea. In Navvjaliim. — In addition to the qualification re([uired for a second mate, an only mate must be able to observe and calculate tlie amplitude of the sun, and deduce the variation of the comjiass therefrom, and be able to find the longitude by chronometer by the usual methods. He nmst know how to lay oif the place of the shij) on the chart, both l)y bearings of known objects, and * Iiifrn. \\. xvi. APPENDICES. vu No. 3.] Examination of masters and mates for certificates of competency. by latitude and lonj^itude. He must be able to detonnine the error of a Foreign-going sextant, and to adjust it ; also to lind the time of high water fr(jm the known »/*■'>• time at full and change. In Seamanship.— In addition to what is required for a second mate, he must know how to moor and xinmoor, and to keep a clear anchor ; to cairy out an anchor ; to stow a hold ; and to make the re([uisite entries in the ship's log. He will also Itc questioned as to his knowledge of the use and management of the mortar and rocket lines in the case of the stranding of a ve.ssel, a-s explained in the ofKcial log book. 11, A First Matk must be nineteen years of age, and have served five First mate, years at sea, of which one year must have been as either second or only mate, or as both.* In Navigation,— In addition to the qualification required for an only mate, he must be able to observe azimuths and compute the variation ; to compare chronometers and keep their rates, and find the longitude by them from an observation of the sun ; to work the latitude by single altitude of the sun off the meridian ; and be able to use and adjust the sextant by the sun. In Seamanship. — In addition to the ([ualification reijuired for an only mate, a more extensive knowledge of seamanship will be required as to shifting large spars and sails, managing a ship in stormy weather, taking in and making sail, shifting yards and masts, &c., and getting heavy weights, anchors, &c., in and out ; casting a ship on a lee-shore ; and sccui'ing the masts in the event of accident to the bowsprit. 12. A Master must be twenty-one years of age, and have been six years at Master sea, of which at least one year must have been as first or only mate, and one ordinary, year as second mate. In addition to the qualification for a first mate, he must be able to find the latitude by a star, &c. He will be asked questions as to the nature of the attraction of the ship's iron upon the compass, and as to the method of deter- ndning it. He will be examined in so much of the laws of the tides a.s is necessary to enable him to shape a course, and to compare his soundings with the depths marked on the charts. He will l>e examined as to his competency to construct jury rudders and rafts ; and as to his resources for the preservation of the ship's crew in the event of wreck. He must possass a suflicient know- ledge of what he is required to do by law, as to entry and discharge, and the management of his crew, and as to penalties and entries to be made in the official log ; and a knowledge of the measures for preventing and checking the outbreak of scurvy on board ship. He will be questioned as to his knowledge of invoices, charier-] larty, Lloyd's agent, and as to the natun- of bottomry, and he must be acquainted with the leading lights of the clumnel he has been accustomed to navigate, or which he is going to use. In cases where an applicant for a certificate as master ordinary has only Service in foro served in a fore and aft rigged vessel, and is ignorant of the management of a •'^"[^ *** ngged squaie-rigged vessel, he may obtain a certificate on which the words ''fore atid aft rifjged vessel " will be written. This certificate does not entitle him to command a squ;u-e-rigged ship. This is not, however, to apply to mates, who, * Service in a superior capacity is in all cases to be cquivaleut to service in am inferior capacity- VIU APPENDICES. No. 3.] Examination of masters and mates foi' certificates of competency. shi] Master extra. Foirifrn-going being younger men, are expected for the future to learn their business completely. 13. An Extra Master's Examination is vohuitary and intended for such pei-sons as wish to prove their superior qualifications, and are desirous of having certificates for the highest grade granted by tlie Board of Trade. /71 Narigation. — As the veasela which such masters will command frequently make long voyages, to the East Indies, the Pacific, &c., the candidate will be required to work a lunar observation by both sun and star, to detennine the latitude by the moon, by Polar star off the meridian, and also by double alti- tude of the sun, and to verify the result by Sumner's method. He must be able to calculate the altitudes of the sun or star when they cannot be oltserved for tlie purposes of lunars, — to find the en'or of a watch by the method of equal altitudes, — and to correct the altitudes observed with an artificial horizon. He must understand how to observe and apply tlie deviation of the compass ; and to deduce tlie set and rate of the current from the D. R. and observation. He will be refiuired to explain the nature of great circle sailing, and know how to apply practically that knowledge, but he wiU not be requii'ed to go into the calculations. He must be acquainted with the law of storms, so far as to know how he may probably best escape those tempests common to the East and "West Indies, and known as hurricanes. In ,'plicant to heave a ship down, in case of accident befalling lier abroad ; to get lower masts in and out ; and to perform such other ojientions of a like nature as the examiner may consider it proper to examine liim upon. Home (rack Qualifications for Certificates of Competency for a passenger ship. Passenger Ship." Home Trade Mate. 14. A Mate must write a legible hand, and understand the first four rules of aritlimetic. He must know and understand the rule of the road, and de- scribe and show that he understands the Admiralty regulation as to lights. He must be able to take a bearing by compass, and prick oft" the ship's course on a chart. He must know the marks in the lead line, and be able to work and lieave the log. ilaster. 15. A Master must have served one year as a mate in the foreign or home trade. In addition to the qualifications required for a mate, he must show that he is capable of navigating a ship along any coast, for which pur)^^)Ose he will be required to draw upon a chart produced by the examiner .the courses and distances he would run along shore from headland to headland, and to give in the writing courses and distances corrected for variation, and the bear- ings of the headlands and lights, and to show when the courses should be altered either to clear any danger, or to adapt it to the coast. He must imder- stand how to make his soundings according to the state of the tide. He will also be questioned as to his knowledge of the use and management of the mortar and rocket lines in the case of the stranding of a vessel, as explained in the oflicial log book. Pilot A firet-class pilot may be examined for a master's certificate of competency APPENDICES. IX No. 3.] Examinatmi of masters and males for certificates of competency. for home trade passenger ships, iiotwithstanuing that he may not have served in the capacity of mate. £ s. (7. 1 10 1 2 General Rules as to Examinations and Fees. 16. The candidates will he allowed to work out the various prohlems Time allowed according to the method and the tahles they have been accustomed to use, and for working will he allowed five hours to perform the work ; at the expiration of which I"" time, if they have not finished, they will be declared to have failed, unless the Local Marine Board see lit to extend the time. 17. The fee for examination must be paid to the Superintendent of the Fees to be paid Mercantile Marine Office (Shijiping Master). If a candidate fail in his exam- hy_applicants ination, half the fee he has paid will be returned to him by the Superintendent examination, of the Mercantile Marine Office on his producing the form Exn. 17, late HIL, s. 133. which will be given him by the examiner. The fees are as follow : — Exn. 17. late HH. For "Foreign-going Ships." Second Mate ...... First and only mate, if previously possessing an inferior certiticate ...... If not ...... Master, wdiether extra or ordinary Master, if previously in possession of a certificate for " fore and aft rigged vessels " . . . .10 N.B. — Any person having a master'' s certificate of competency for Foreign-going Ships may go up for an extra examination vithout paxjmcnt of any fee, but if lie fails in his first examination, lialf a master'' s fee xcill he charged for each suhsequent examination. For "Home Trade Passenger Ships." .£ .''. (1. Mate 10 Master . . . • • .10 Notification of 18. If the applicant passes he will receive the form Exn. 16, late GG., from having passed the examiner, which will entitle him to receive his certificate of competency ^'J g^^^^^f^" from the Superintendent of the Mercantile ^larine Office, at the port to which candidates, he has directed it to be forwarded. If his testimonials have been sent to the Exn. 16, registrar to be verified, they will he returned with his certiticate. *'^*° ^^• 19. If an applicant is examined for a higher rank, and fails, but passes an {-j^^/^s^^ examination of a lower grade, he may receive a certiticate accordingly, but no ,uay receive part of the fee will be returned. certificates for inferior grade*, if comi'eteut. APPENDICES. No. 3.] Examination of masters and mates for certificates of comjietejicy. Kx.iinin.'vtion to 20. In every case the examination, whetliev for only mate, first mate, or comiuencc witli master, is to commence with the probh'm.s for second mate. 21. In all cases of failure the camlidate must he re-examined dc novo. If a candidate fails in seamanship he ■will not he re-examined until after a lapse of SIX iiONTHS, to i^ive him time to gain experience. If he fails three times in nariijation he will not he re-examined until after a lapse of three months. 22. As the examinations of masters and mates are made compulsory, the qualilications have been kept as low as possible ; but it must be distinctly tindei-slood that it is the intention of the Board of Trade to raise the standard from time to time, whenever, as will no doubt be the case, the general attain- ments of ofiicers in the merchant service shall render it possible to do so without inconvenience ; and officers are strongly urged to emj)loy their leisure hours, wlien in port, in the ac<|uirement of the knowledge necessary to enable them to pass their examinations ; and masters will do well to permit a]iprentices and junior otiicers to attend schools of instruction, and to ali'ord them as much time for this purpose as possible. that lor sccouil mate. Re-examina- tiou iu c;ise of failure. Stanilards of examiuatious will he raiseil. EXAMINATION OF MASTERS AND MATES WITH PvEFERENCE TO THE COMMERCIAL CODE OF SIGNALS FOR THE USE OF ALL NATIONS. Instructions to Examiners. 23. In transmitting the accompanying copy of the latest edition of the Commercial Code of Signals for the it.se of the examiners, the Board of Trade tle.sire to direct attention to the principal points connected with this code as to wliich candidates for examination should be cpiestioned. 24. At the same time, as the subject is probably new to some of the examiners themselves, the Board recommend to them a perusal of the Report of the Signal Committee of 1855 (which will be found at tlie commencement of the Signal Uook), and also the first feiv 2M(jes of the look. The infornu\tion therein given will be found sufficient to make the examiners theoretically ac(|uainted with the characteristics of the new code, and the advantages it claims to possess over other codes, and will enable them to appreciate and urge upon candidates for examination the facilities whicli the new system of signalling affords for easy and rapid comniunic;:', ion. 25. The "coiiipreliensiveness" and " distinctness " of the commercial code are its chief recommendation.s. 26. The form of the hoist generally indicates the nature of the signal made, BO that an observer can at sight understand the character of the signal he sees flying. The annexed jdate gives examples which illustrate this. 27. The examinations should tend to elicit a knowledge of the distinctive features of the code above alluded to. With this object the examiners should make the 2, 3, and 4 flag signals on the frame board which is furnished for the purpose {abanjs laktng care first to ¥ \ I I FLAGS OF THE C03I31ERCIAL CODE OF " Code Signal" and F N.B. — When used as the " Code Sijrnal,' when used as the " Ans n M D "No." F Q THE COM Has many a 1 vantages and fiicilities for signalling not possessed by any ( the form of a Hoist will usually denote the nature of f.ke Slrfnnl made : — ONE FLAG. TWO FLAGS. Burgee uppermost, 'ATTENTION' Signals. F WHAT SHIP IS THAT? Pendant uppermost, 'COMPASS' Signals. P- Square Fl^g uppermost, "DANGER " Signals. N In distress, enci WflWTASSISTANCE. BROKEN r N.B.— This Plate is to be f Insert between pp. x and xi of Apjjendix. CiNALS. FOR THE USE OF ALL NATIONS. " Answkiu.vg Pendant." } Pendant is to be hoisted nndor the " Ensign;" ^tr Pendant," where best seen. n H ? S P= o PP ^ V m W mCIAL CODE ; hitherto published. The following examples will serve to illustrate how EE FLAGS. aeral Signals. CALL FOR ORDERS OFF- FOUR FLAGS. Burgee uppermost, GEOGRAPHICAL Signals. FALMOUTH. Pendants C.B.F uppermost, NATIONAL VOCABULARY. ^ WHAT SHIPS HAVE you SPCKEN? Pendant G uppermost. Names of MEN-OF-WAR. "MARLBOROUGH" SCREW- I3ICUNS ^giAKE Flag uppermost. Names of MERCHANT SHIPS. ")HARCO POLOV N? 602.S. \ in every Ofiicial Log Book. APPENDICES. xi No. 3.] Exammation ofmasfeis and males for certificates of comjjetencij. show the ensifin and tlic code 'pennant at the (ja/f),* (iuestioning the candidates as to the diistinj.,anshing forms of tJie respective lioists (*-«c plate annexed), which Avill be indicated according as a burgee, or a jjcnnant, or a s(|uare flag, in U2)|)erniost. 28. The cantlidate ought to know how to find in the signal book the coin- nuinication or the incjiury he desires to make, and how to make ihe signal. The signal to be made should invariably be sought for by the candiiUite in tlie vocabulary and index, Part 11., and never in Part I. 29. The candidate ought to know how to interpret a signal. The examiner should place a signal on tlie frame board, and vary the signal by showing a 2 or 3 flag signal, or a " Geographical " or a " Vocabulary" signal, or the name of a mercliant ship or a ship of war. Tlie two latter signals would not of course be i'ouml in the signal book. The candidate ought to point them out in the Code List of Shijia. 30. A candidate ought to be able to read ofl' a signal at sight, so far as to name the flags composing the hoist. 31. He ought to know tlie use of the code pennant, and of the pennants C. and D.," Yes" and "No." 32. The candidate should be practised in the use of the spelling table, l»y being made to spell his own name, or some word not in the vocabulary of the code. 33. As ships of war use a different set of code flags, the candidate ottght to be aware of the fact, and should know that a plate of the Admiralty flags is to be found in the signal book, as well as plates of the code flags which foreign ships of war Avill use in signalling to merchant vessels. He should also know that every ofhcial log book contains plates of these code flags. 34. A knowledge of tlie distant signals should be required of the candidate, their object, and the mode of signalling by the distant code, which vnll be found at the end of the signal book. For this purpose 2 black balls, 2 black square flags, and 2 black pennants will be furnished with the frame board, and the candidate should be required to make one or two distant signals, and to read oft" one or two made by the examiners. The ball being the distinguishing symbol of the distant signal, any pennants or flags of the code may be employed in conjunction with it, irrespective of colour. The black pennants and flags are merely sent as showing best in the light background of the frame board. Semaphores. 35. We have as yet no semaphores on our coasts. The French, howe^'er, have upAvards of 110 such stations established on their coasts, at which the commercial code of signals only is used. 36. A plate at the end of the signal book explains the method by which the arms of the semapliore are made to represent by their position (up, doAvn, or ■"■ The object of this is, of course, to distinguish the sij^iuils from those of auothcr code. XII APPENDICES. Is'o. 3.] Examination of masters and mates fe examined as U) their knowledge of the (rteam- cngiDc. Countc to Vk! IturHue'I by canflidate for Ntcam certificate. Exn. 2, laU- EK. 39. Arrangements have been made for giving to those masters and first or only mates who are possessed of or entitled to certificates of conijjetency, an opjjortunity of undergoing a voluntary examination as to their practical knowledge of the use and working of the steam-engine. These examinations are conducted on the premises, and under the superintendence of the Local Marine Boards, at such times as they may appoint for the purpose ; and the examiners are selected by the Board of Trade, from the engineer surveyors appointed under the fourth part of " The Merchant Sliipping Act, 1854." 40. Any master or mate desiring to be examined in steam must deliver to the Superintendent of the Mercantile Marine Office a statement in writing to tliat effect, upon the form of application (Exn. 2, late EE.) ; if the applicant has a certificate of competency, such certificate must be delivered to the sliipping ma.ster along witJi his statement. If he is about to pass an examina- tion for a certificate of competency at the same time, the applications should be sent iu together. Note. The Commercial Code of Signals for the use of all Nations, with the Code List is Tjuhlished by Sir William Mitchell, 54, (jiaccchurch Street, Ijondon, and may be had'(price lOs. ) of the jjrincipal booksellers and Superintendents of Mercantile Marine at the various ports. The Official Mercantile Navy List and Maritime Directory, published for the use of Merchants Shipowncr.-i, Sliipbrokcrs, and others, may be obtained in like manner, price 58. APPENDICES. xiii No. 3.] ExaminaHon of masters and mates foi' certificates in comj)ctency. 41. A fee of one iwunil must be paid by the apjilicaut fur tlie examination Fee to l.o pai.l. in steam, and tlie Superintendent of the Mercantile Marine Office will thereupon ^f-""l»ct of inform him of the time and place at which he is to attend to be examined, and ^^ ' the examination will then and there proceed in the same manner as the other examinations. If the applicant fails, and has given in his cei-tificate, it will be at once returned to him, but ?(f) 2Mrt of tlicfec tie tiaa paid will he returned. 42. If he passes, the report (Exn. 14, late FF.) will be sent to the Board of Record of Trade, and the certificate of competency with the form (Exn. 2, late EE.) to ^"^ "i'^*^' the Registrar General of Seamen ; the words " Passed in Steam," with the date j^j„'pp ' and place of examination, will then be entered on the certificate and its counterpart, and the certificate will be sent to the Superintendent of the Mercantile Marine Oflice of the port named in the a])plication (Exn. 2, late EE.) to be delivered to the applicant in the usual manner. 43. The examination is invd voce, and extends to a general knowledge of the Extent of practical use and working of the steam-engine, and of the various valves, exauwuation. fittings, and pieces of machinery connected with it. Intricate theoretical questions on calculations of horse-power or areas of cylinders and valves, or any of the more difficult (juestions which, appertain to steam-engines and boilers, wiU not be asked. The examination will in fact be confined to vv^hat a master of a steam-vessel may be called upon to perform in the case of the death, incajiacity, or delinquency of the engineer. 44. If the applicant fails to answer some few of the questions, and yet, in Applicant the opinion of tlie examiner, possesses such a competent knowledge of the parts ^°^ required to of the engine generally, and siich other practical knowledge of the subject as ^"^4^01?^ will enable him to effect the object in view, the examiner will exercise his discretion as to whether a sufliciently high, standard of knowdedge has been attained, and pass him or not accordingly. 45. The examiner will provide drawings and working sections, on a Such examiner sufficiently large scale, of the various parts of the steam-engine, and of the Y P'"'''^"^ valves and slides, &c., as may be necessary, and will require the applicant to ' ° ' make use of them in giving his answers to the various questions put to him ; and, if an opportunity offer, the applicant will be permitted, under the guidance of the examiner, to start and stop the engine of some vessel which may have her steam up. Certificates of Service. 46. A certificate of service entitles an officer who had served as either master Certificates of or mate in a British foreign-going ship before the 1st Jtinuarv, 1851, or as service, master or mate in a home trade passenger ship before the 1st January, 1854, s- ^^o. to serve in those capacities again ; and it also entitles an officer who has attained or attains the rank of lieutenant, master, passed mate, or second master, or any higher rank in the service of Iler ^lajesty or of the late East India Company, to serve as master of a British merchant ship, and may be had by application to the Registrar General of Seamen, Adelaide Place, London Bridge, London, or to any Superintendent of a Mercantile Marine Office in the outports, on the transmission and verification of the necessary certificates and testimonials. xiv APPENDICES. No. 3.] Examinalion of masters ajul mates for eeiiificates of competenry. On ami alter the 1st January 1874 candidates will be required to give \vritti-n answers to the questions on navigation contained in Lists A. and B. on tlie other side, and to the question marked C. which has Ijeen added to the paper on compass deviation. THOMAS GRAY. List A. Adjustments of the Sextant. The applicant will answer in writing, on a sheet of paper which will be given him by tlie examiner, all the following questions, numbering his answers with the numbers corruspondiug to. the questions : — Question 1 "What is the first adjustment of the sextant ? 2 How do you make that adjustment ? 3 "What is the second adjustment / 4 Describe how you make that adjustnient. 5 Wliat is the third atljustment ? (5 How would you make the third adjustment ? 7 In the absence of a screw how would you proceed ? 8 How would you lind the index error l>y the horizon ? 9 How is it to be applied ? 10 Place the index at error of minutes to be added, clamp it, and leave it. (Note. — The examiner will see that it is correct.) 1 1 The examiner will then place the zero of the vernier on the arc, not near any of the marked divisions, and the candidate will read it. Note. — In all cases the applicants will name or otherwise point out the screws used in the various adjustments. The above completes the examination of second and only mates. In a/ldition to the above, first mates and masters will be required to state in WTiting : — 12 How do you (ind the index error by the sun ? 1.3 How is the same applied ? 14 What proof liave you that those measurements or angles have been taken with tolerable accuracy i APPENDICES. XV No. 3.] Examination of masters and mates for certificates of comjjelency. List B. Examination in Chart. The applicant will be required, to answer in writing, on a sheet of paper Avhich will be given him by the examiner, all the following question.? according to the grade of certificate re(iuired, numbering his an.swer.s with the numbers correi?i3onding with those on the question paper : — 1. A strange chart l)eing placed before you, what should be your special care to detcrmiuo, before you answer any questions concerning it, or attempt to make use of it / 2. How do you ascertain that in our British charts ? 3. Describe how you would find the course by the chart between any two places, A. and B. 4. Supposing there to be points of variation at the first- named place, what would the course be magnetic ? the true course being 5. How would you measure the distance between those two or any other two places on the chart ? 6. Why woultl you mea.sure it in that particular manner ? The above comprises all the questions on the chart that are put to first mates and only mates. In addition to the above, the masters are required to answer — 7. What do you understand those small numbers to indicate that you see placed about the chart ? 8. At what time of the tide ] 9. What are the re(piisites you should know in order that j-ou may compare the dejiths obtained by your lead line on board with the depths marked on the chart ] 10. What do the Ronum numerals indicate that are occasionally seen near the coast, and in harbours ? 11. How would you find the time of high water at any place, the Admiralty tide tables not being at hand, nor any other special tables available ? All the above questions should be answered, but tlus does not preclude the examiner from putting any other questions of a practical character, or which the local circumstances of the port may re(|uire. C. The following (piestion has been added to the exanaiuation paper on compass deviation : — Question 19 Your steering compass having a large error, how would you proceed to correct that compass by compensating magnets and soft iron, in order to reduce the error within manageable limits ? N.B. — The candidate is required to construct a deviation curve upon a Napier's diagram supplied by the examiner. APPENDICES. No. 3.] Exmninafion days. Table A. EXAMINATION DAYS AT Days. Places. 1. For Masters and Mates. 2. For Engineers, 3. Aberdeen* First and third Friday and Saturday in each month. Nil. Belfast 1st and 3rd Tuesday in each month Nil. Bristol* . Ist and 3ril Tuesday in each month 2nd and 4th Tuesday in each month. Cork . . . • 2nd and 4th Monday in each month . Nil. Dublin 1st and 3rd Thursday in each month . Nil. Dlnhee* . . . Saturday in each week Thursday in eacli week. GLASO0W*t . . 1 Thursdays and Fridays ; held alter- Thursday ; held alter- GREKKOCK*t . • i nately at each place. nately at each place. Hull* . 2nd and 4th Tuesday in each month . 1st and 3rd Tuesday in each month. Leith* . . . Tuesday in each week Nil. LlVERl'OOL*t Every week — Monday and Tuesday "Foreign Trade;" Thursday and Friday "Home Trade Passenger" and " Foreign Trade." Thursday in each week. LuXI>ON*t • • • The examination in Navigation com- Wednesday in each mences every Monday, and the ex- week. amination in Seamansliip takes place as soon as the Navigation examina- tion is finished. Masters' voluntary examination in Steam held on Friday in each week Newcastle* :J:lst of each month .... 2nd Monday in each month. SUIKLPS, No.* . . Jllth and 26th of each month from 1st Wednesday in each October to May, both inclusive ; the month. 11th of each of the remaining months of the year. Shields, So. tl6th of each month. SoUTUAMI'TOUt . . Nil 1st and 3rd Tuesday in each montli. Schderlahd* . J6th and 21st of each month from The last Monday in October to May, both inchisive ; the each month. 21st of each of the remaining months of the year. Pltmotjth* . . . Tuesday in each week. . • At these idaces Masters' extra Examinations are iield. t At these places Engineers' extra Examinations are held. X When the date falls on a Sunday the examination will take place on the foliowinj day. APPENDICES. xvn No, 4.] MrJiral .Hcalc for merclMint shlpa. No. 4. MEDICAL SCALE FOR MERCHANT SHIPS. The annexed Scale uf Medicines and Medical Sb^n^s for .Meicliant Ships lias been issued and caused to be puldislied by the Board of Trade, and is intended to supersede the scale hitherto in force. THOMAS GUAY. SCALE OF MRDICIXRS AND MEDICAL STORES issued and caused to Le published by tlie Board of Trade in pursuance of the Merchant Shipping Act, 1867. Preparations from British. I'haruiacupteia, 1867. Thi.s Column is arldcd for tho use of I)rug)j;ist8 .supplying the Medicines indicated. Copaiba .... *Mist. Scnn;c Co. Lotio Hydrarg. Nij;ra A nii.xtiu'e containing in each lOU parts not less than 80 paris of Carbolic (or Plienic) and Cre-sylic Acids, and their Homologues ; and not more than 20 parts of water. Potassse Tartras Acida Ess. Menth. Pip. . Tr. Zingib. Fortior. Liq. Plunibi Subacet. dil. Tr. Opii . . . Argenti Nitnxs Ung. Resinae ,, Ilydrargyri . ,, Simplex Lin. Opii Tr. Cainph. Co. Pil. Ilydrarg. ,, Ipeciic. c. ScillA ,, Sapon. Co. ,, Coloc. c. Hyosc. ,, Rhei Co. Pulv. Khei Co. ,, Catechu Co. \ ,, Cret. Arom. > „ C-. Opio ) ,, Ipecac. Co. So. ^iltheris Niti-osi 5 gr, f) nv, 5Kr, lual 1 irts J equal Tr. Hj'oscvami ,, Khci ■ . Lin. Teitbinthinif Proportion for Shijis carryinj^ the under-mentioned Names of Medicines, Mcdicameuts, ikc. No. )f Men and ISoys jr VI months;. 10 and 11 to 20 21 and under. inclusive. upwards. Alum .... 1 oz. 2 ozs. 3 ozs. Balsam of copaiba 4 ozs. 8 „ 12 „ Bicarb, of .soda . 8 ,, 32 „ It) ,, Black draught 1 pint 2 pints 3 pints Black wash . 1 n 2 „ 2 ,, fCarbolic acid, liquid igal. Igal 2 gala. Or crystal . I lb. 1 lb. 2 lbs. Castor oil . 1 11). 2 lbs. 3 11)3. t(Jhloralum or fChloride of zinc (sola- ) ■ tion of ) . . J 4 pints 8 pints 1 6 pints Cream of tartar . 2 ozs. 4 ozs. 8 ozs. jCondy's Crimson Fluid. ^ jiint 1 pint 1 jiint Epsom salts a lbs. 6 lbs. 12 lbs. E:rsence of peppermint . — 1 oz. 2 ozs. ,, _ ginger — 1 M 2 „ Goulard's extract . 1 oz. 2 4 „ Iodide of potassium — 2 ,',' i ,. Laudanum . 2 ozs. ■i M 1} 8 „ Linseed meal . , 14 lbs. 28 lbs. Lunar caustic \ oz. i OZ. 1 oz. Nitrate of jjotiish . 2 ozs. 4 OZS. 8 ozs. Ointment, Basilicon ••5 M 6 M 10 ,. ,, Mercurial 1 oz. 2 M 7f 4 „ ,, Simple 6 ozs. 12 „ 1« „ Olive oil . — 8 ,, 12 ,, Opodeldoc . 8 ozs. ^ 1, K' „ Paregoric 4 „ 6 M 8 „ Pills, lilue . 1 doz. 2 doz. 3 doz. ,, Cough 2 4 ., 6 „ ,, Oi)inm 1 ',', a M ,, Purging . 8 ,, 6 ,, 8 ,, ,, ,, nnld 3 ,, 6 ,, 8 M Powder, comi>. rhubarb 2 ozs. 4 OZS. S ozs. ^ ,, diarrluwa 1 oz. 2 3 „ ,, Dover's . 1 M 2 '•^ „ , , Ipecacuan. 1 „ 2 \\ 3 „ §Quinine . . , ; 1 M 2 „ 3 M Sweet Spirits of Nitre . 1 „ 2 „ 3 ,, Sulphate of zinc . 1 ,, 2 3 ,, Sulphur (sulilimcd) 2 lbs. 3 lbs. t) lbs. Tincture of henbane 1 oz. 2 ozs. 3 ozs. ihubarb . 4 ozs. 10 „ 12 „ Turpentine liniment 4 ., \ 6 „ * Omit extraet of liquorice, and substitute aromatic spirit of ammouia, 1 oz. to 1 pint of the + As antiseptic and deodorizing apcnts for common use. 5 For jMiiifyiiig ilrinkiii),' water when ncces.sary. f Tre.hlv Iht' quantity aliove iufiieated to bo takeji to .ill tropical ports. xnu ArrEN DICES, No. 4.] Medical scale for merchani skip.i. Particulars. 1 irrrtin, 2 grains. &c. must be stamped in English figures anil words on each respective weight, the word scruple must not be used at all (the scruple weight being marked 20 grains), the ^ dram, 1 drum, and 2 dmm weights must be also marked in English figures and words. Tlic tluid drop mcivsure must be marked dram and divided into 40 drops, the word minim being omitted al- together. The rtuid 2 oz. measure must be marked 2 ounces, 1 ounce, 2 table spoons/ id, 1 table gpoonful, and 1 tea spoonful. 1y.% and arm size . Triangular bandage, base 48 ins., sides 33 ins. each. Flannel bandage, 7 yds. long, C ins. wide. 30 in. Single Reversible Piinted directions for u.sc No 8 {Gwn Elastic) Prexenred Scales of Metlicul Stores ;md Necessaries. Adhesive plaster on un- bleached calico in tin ciise Ljnt .... Scales and weights Graduated sure Graduated sure drop mea- Proportion for Ships carrying the undor-ineiitioiicd No. of .Men and IJoys (for 1"2 montlis). 6 OZ. bottles Corks for bottles . Scissors Syringes Lancet Abscess do. . Bandages . IViangular do. Fkmnel do. . Calico Flannel Needles, pins, thread and ta]ic . Splints, common . Trusses Enema syringe Pewter cuj) . Tetispoon (pewter) IJougics Catlioter Beil pan Arrowroot . Pearl barley Rice. ... Corn flour . Sago . Sugar . Soup and bouilli . Boiled mutton Essence of meat . Desiccated soup . Vegetables, dried, o compressed Pfrtato (if not in seal of provisions) . Wine (Port) Virandy 10 and under. 1 yard ilb. 1 set 11 to 20 inclusive. 21 and upwards. 2 yards 3 yards f lb. 1 lb. 1 set 1 set \ doz. 1 „ 2 1 1 3 2 1 3 yards 1 set 1 1 1 set 1 2 lbs. 4 „ 4 „ 4 „ 4 „ H „ 6 „ ^ ,. (J tins i\ pint). 4 lbs. 14 „ 3 bottles 2 \ doz. H „ 1 pair 2 1 1 6 3 4 yards 3 „ 1 paper 1 set 1 1 1 1 1 set 1 1 4 lbs. 28 „ 12 „ 12 „ 12 tins 8 lbs. (i bottles 4 „ 1 doz. 2 „ 1 pair 4 1 1 6 4 6 yards 6 „ 1 paper 1 set 1 1 1 1 1 set 1 1 8 ll)s. 16 „ 16 „ 16 „ 16 „ 56 „ 24 „ 24 „ 24 tins ] 6 lbs. 16 „ 56 ,, 12 bottles 6 „ APPENDICES. XIX No. r>.] SffiJr of nif'thV/iirs ftn' " pa, ^.• „ 8 ,, 10 „ 12 „ 14 ,, Chalk, prepared . 4 „ 6 ,, 8 „ 10 „ 12 „ 14 „ Dover's powder A „ 1 ,, 14 „ 2 24 „ 3 ,, Epsom salts . 8 lbs. 12 lbs. 16 lbs. 20 lbs. 24 lbs. 28 Iks. Ipecacuanha, in powder. ^ OZ. 1 OZ. U OZ. 2 ozs. 2i ozs. 3 ozs. Jalap, in powder . »2 n „ 3 „ 34 „ 4 „ 44 „ Laudanum . 4 !! 6 „ 8 „ 10 „ 12 „ 14 ,, Lunar caustic 2 drs. 3 drs. 4 drs. 4 drs. 4 drs. 4 drs. Magnesia, carbonate i OZ. 1 OZ. 14 OZ. 2 ozs. 24 ozs. 3 ozs. Nitre, sweet spirit of . 4 ,, 6 ,, 8 „ 10 „ 12 ,, 14 ,, Ammonia, aromatic spirit •' .. 4 ,, 5 „ 6 M ' M 8 „ Nitre .... 2 3 „ 4 ,, 5 ,, 6 „ 7 „ Opium, i)0wdercd. i !! 1 ,. 14 „ 24 „ 3 „ Quinine 3 drs. 4 „ 1 ,, 1 '.', 14 „ 14 „ Paregoric 4 ozs. tj ,, 8 „ 10 „ 12 „ 14 ,, Synip of squills . 4 ,, 6 ,, 8 „ 10 „ 12 „ 14 ,, Tincture of iron . 2 ,, ■i „ 4 ,, 5 ,, n „ 7 ,, Spirit of peppermint 1 ,, U „ 2 24 „ 3 ,, 34 „ Rhubarb, in powder 2 24 „ 3 ',', 34 „ 4 ,, ■u „ Rhubarb, tincture 6 ',] 8 ,, 10 „ 12 „ 14 „ 16 ,. Soda, carbonate . ■1 M ^ ,, 8 „ 10 „ 12 „ 14 ,, Sugar of lead 1 ,, H ,, •24 ,. 3 „ 4 ,, Sulphur i „ <' ,, 8 „ 10 „ 12 „ 14 ,, Sulphuric acid, diluted. 4 „ 6 „ 8 „ 10 ,, 12 „ 14 ,, Tartaric acid 2 ,, 4 ,, 6 „ 8 „ 10 „ 12 ,, Tartar emetic 2 drs. 3 drs. 4 drs. 5 drs. 54 dre. 6 drs. Tincture of catecliu 8 ozs. 12 OZS. 1(5 ozs. 18 ozs. 20 ozs. 24 ozs. Turpentine, oil of lib. 2 lbs. 3 lbs. 4 lbs. 5 lb.s. 6 lbs. Friar's balsam 1 oz. 14 OZ. 2 ozs. 24 ozs. 3 ozs. 34 ozs. (xoulard's extract . 1 ., 2 3 „ 4 „ 5 .. 6 ,, Olive oil . 4 ,, 6 ',', 8 „ 10 „ 12 „ 14 ,, Opodeldoc . 8 „ 12 „ 1(5 ,, 18 „ 20 „ 22 ,, . Applications. Adhesive plaster . 2 yds. 3 yds. 4 yds. 5 yds. 6 yds. 7 yds. Mercurial ointment 3 ozs. 4 ozs. 5 ozs. 6 ozs. 64 ozs. 7 ozs. S]iermaceti ointment 3 „ 4 „ 5 „ 6 „ 7 „ 8 „ Blister plaster 2 „ 3 ,, 4 „ 5 „ 6 „ 7 ,, Basilicon ointment ;5 „ 4 ,, 5 „ 6 „ 7 M 8 „ Lint .... 4 „ 6 .. 8 „ 10 „ 12 „ 14 „ DiSINFECT.iNTS. Carbolate of Lime and , Sulphite of Magnesia j (McDougali's) or > 1 cwt. l.U^wts. 2 cwts. 2.1 cwts. 3 cwts. 4 ewts. Calvert's No. 1 quality \ Disinfecting powder. ' b 2 XX APPENDICES. No. 5.] Scale of medicines for "passenger ships.'' FEVER POWDER— for Adults. R Antiiu. rot;iss. Tart. yrs. xxiv. PoUussjv Nitr. ^iij^s- -'^'•■'<"<'- S. Dose — Tea grains every four or six hours. lASTRINGENT POWDER- for Adults. R Pulv. Cret« Co. c. Opio. 3 iv. 6". Dose — Fifteeu grains every four hours. APERIENT POWDER-for Adults. R Hyilrarg. SulnhU^r. S'ss- P. Jahvpiu Co. 5iv. Miscc. Ki. Dose — Half a drachm to two scruples. APERIENT PILLS— for Adults. R I'ulv. Scaiiunon. grs. viij. E\t. Colocynth. Co. 3ij. Hydrarg. Subchlor. gr.s. viij. Miice ct dii'ide in pilalas xij. S. Two to be takeu for a dose. {Send out twelve dozen.) FEVER POWDER-for Children. R Pulv. Antinionialis 3ij- Potass* Nitr. 3vj. ^JI■• in a small case. 0' 10 „ Sulph. Dil. ) with 8;ind. 2 ,, Tartaric Pulv. 6 Ammon. Carb. 10 ,, Hydrochlor. 12 Amylum. 4 Antimon. Tartra. 4 Argenti Nitras. 4 Assafoctidic. 1 Borax Pulv. 6 Calx. — in stoj). bott. 4 Camphor. 2 Chloroform in stop. bott. 6 Conf. Sennae. 6 CopaibiB. 1 Cretre Prep. 4 Creosoti; 4 Cupri Sulph. 2 Emplas. Cantharidi.s. 2 ,, Lythargyri. 2 „ llesina-. 1 H i Ersota' Pulv. 4 Ext. Aloes. 4 ,, IklladoTiniO. 4 ,, Coloc. Coiup. i ,, Conii. I ,, Hyoscyam. i „ Opii. 1 Ferri Suli)h. 8 Gentiame Radicis. 4 Glycerine. 2 Hydrarg. Amra. 1 ,, c. Crct.1.. 2 ,, Subchlor. 4 lodum. 4 Liniment : Saponis. 4 Liquor Plnmbi subacct. 8 ,, Ammon. 2 , , Pot;iss;e. Magne.siiie Sulph. lb. Of, 4 Magnesiffi Carb. J Morphiffi Hydrochlor. 8 01. Lini. i ,, Anethi. 1 ,, Anisi. 1 ,, Menth. Pip. 1 ,, OH vie. 4 ,, Ricini Opt. 10 ,, Terebinth. k ,, Croton. 4 ,, Morrhuce. 1 4 Oxymel Scillje. 2 Pil. Hydrarg. i ,, ,, Subchlor. Comp Plumbi Acetas. 6 Potassa; Bicarb. Pulv. 2 ,, lodidum. 12 Pulv. Acaciaj Gummi. 8 ,, Aluminis. 4 ,, Antimon. 1 , , Aromat. 1 ,, Catechu Comp. 2 ,, Cretie Arom. 2 ,, Ii)ecac. 2 ,, ,, c Opio. 4 , , Jalapa;. 1^ ,, Kino c. Oi)io. i „ Opii. 6 ,, Potassse Nitrat. 6 ,, ,, Tartrat. Acid, 6 ,, Rhaei. 4 ,, Scammonii Comp. 3 ,, Zini,'iheris. 1} QuiniP Sulph. 4 Quiussia'. i Saponis Dur. i Sautonine. 8 Senna; Vo\. 3 Sodte Bicarb. Pulv. 6 ,, et Potassio-tart. Pulv. 4 Sp. Ether. 10 ,, ,, Nitrosi. 10 ,, Ammon. Arom. 10 ,, Rcctificatus. 1 Sul])hur. Sublira. 6 Syr. Ferri lodidi. -XXll APrENDICES. No. 6.] Scak of median cs for *^ passenfjn- t^hips.'" o - 5 Hi n.. oz. (\ li Tinot . Cann>li c. Opio. 1 •1 ,, Card. Comp. 1-' ,. Catecliii. *' \ „ ])i;,'italis. •S ,, Fcrri jicrchlor. ^ ,> H\M!Jt-y;im. l> i „ Kino. 8 ,, Opii. 1 ,, Kliii'i. 2 M SeilliP. 8 „ S;Min;L'. 4 „ Valorian;e Amnion. II (i Unguent. Calaniinaj. 1 Cetiicci. 3 Hydrarg. 1 Nit 1 Ok. Rnb. 6 , Resin;e. ] , Sulphur. 21 , Zinci Oxyd. 1 Vini Cok-hici. 8 „ Ipecac. 1 Zinci Sulpbat. 1 Lard s Linseed McaL 1 Lint, liest. •2 Tow, Common, 2 ,, Fine. 2 yd.s. Em] ). Resins. ■' c r*? i Z-^-l^S. ( = 23 £,5.S DiSI.NFECTANTS. '' 2 galls. Pale or Colourless Fluid Carbolic Acid. 1 cw-t. Carbolic Acid Powder, containing not less than 20 per cent, of pure Carbolic or Cresylic Acid. 1 gal. Alkaline Permangenatis (Condy's). 14 lbs. Chloride of Lime. MiSCKIiLANEOL'S. 1 Male Syringe. (1 Glass.) 1 Feniide ditto. 1 2-oz. graduated Glass Measure. 1 Minim Gl;uis. 1 Bolus Knife. 2 do7,. assorteil Piiials. h Gross. Phial Corks. .3 yards Flannel. 6 yards Calico. 2 S|)onges 1 Bed Pan. 1 Paper of Pins. 1 Piece Filleting for Bandages, Bleed- ing. 1 Truss for Hernia, right and left. 1 Paper of Pill Boxes. 12 Gallipots. 1 Quire of Paper for putting up Medi- cines. 9 z '^ •- ?. ■■^'^ -_ rt 3 " «' -H-^ CO-" o „ 5 >- a: t« be fc, S i> O C ^ 5 S. ^ C-»0 t. o ci ^ o ^^ 1^ yard India Rubber Cloth. \ Lj yard of Oiled Silk. 4 sq. yd. Markwick's Spongio Piline. 1 Complete set of Cline's Splints. 1 Enema Aj)paratus, double action. ] Bleeding Porringer. 1 Set Cojiper Scales and Weights, \ lb. to ^ oz. 1 Box of Small Scales and Weights. 2 Wedgwood Mortars and Pestles. 1 Wedgwood Funnel. 1 Iron Mortar and Pestle. 1 Plaster Spatula. 2 Skins of Leather. 1 Pill Tile. 1 Tin Bath, 2 ft. by 18 in. 4 Saucepans of different sizes for the exclusive use of the Hospital. A 2-gallon Water Filter. Whenever necessai7, and especially wlicn Cholera prevails as an epidemic, the Emigration Officer will require at least three times the above quantity of Oil of Turpentine, and suitable Choleraic Medicines in adequate quantities, and a supply of Cayenne Pepper and Mustard. c to LIST of Surgical aiifl Midwifery Instruments which the; Surgeon of a Passenger Ship should jjossess. Set of silver and gum elastic catheters, in- cluding female catheter and some bougies. One am]jutating knife and catlin, one amjiutating saw, one Hey's saw, tour- niquet. Silk of different sizes for ligatures and sutures. Squire's Companion to the British Fharma- copffia. A pocket dresBing-case, containing scalpel, two bistouries (blunt-pointed and sharp), gum-lancet, tenaculum, forceps, spatula, Hii.ssors, two probes, silver director, caustic-case, curved needles of different sizes. Lancct-ca.sc with at least four lancets. Case of twth instruments. Midwifery forceps and trachea tubes. DESIEABLE ADDITIONS. Cupi>ing apparatus. | Trocar and canula. | Trephine and elevator. Craniotomy forceps, perforator, and blunt hook. Board of Trade, Whitehnll 'jurdenn, London, February 1873. By order of the Board, THOMAS GRAY. i APrENDICES. XXlll No. 7.] Numher and dmemions of boats fw sf>a(ioing ships. Ph t-^ K- 00 c> ^y '^ t~- w M a ■ O El O £ ^ •aq ^Bm osbq oq^ sb »« fe t^-* »o o -r « eo U U M k> I-. o o o c o •^ -ii \ 'ii r-t •sdi qg Siii|iT!g 1 1 1 -^ -<• CO ■>>■?! r-l CO o O o -c la -^^ ai o .^^ fi* o " o H -2 .9 3 'HldoQ ^ Ii 1 i i 1 1 1 ■q^pva-ig ^ £ .1 1 1 1 1 1 1 •qv^uarj l£ CO 1 1 M 1 1 1 Moqmnvj ^1 1 1 M 1 1 1 -2 1 •qvlaa a -o to rz, -O -O " -fi (M c^ tN (M e^ •qipBajg I— 1 CO CO to to !0 o lo o •q^ouafj £ J (>> 1 6 and by Steam Ships when they do not carry the Boats in Col. o. 1 g J •q^doQ b CO 00 eo CO 00 -O CO r j; CO CO CO CO d •qipBoag 50 o CO 00 o o o o o "c o to »*< c> to ^ »0 « (N ^ -^ .fa 1^ S' 1 800 and up- wards. 600 to 800 100 to 600 2O0 to 400 1 00 to 200 Under 100 > ;-5 e« — . TT o - o 5, ^ tn ^c o •:> £!■ .Q '3 '-' 4> C « . ja Sq '1 -J i? p o a S o — .. . rt = 3 a:S^ i- c a ^ o 5 - u. a c3 i'n rj O rt " O 3 — -S ■= 1'' 2 c rt cc — O ^ 5 a cr 5 2 C) tr <:> 5 c tu a o > Ox 2 to © o '^ a to Q> Ok C-i 3 -o o t- n C .13 <=> 6 __& .Si- >» ^ to oj a a H '^l'! a ^ M S *^ 3 y a ^j •5 <« = 'S « 5 •la^^^^ll i 5 H -a c a «« o S -^ H ^ Px ^ a ^c _ ^ o ■H -x X s, s,^ :3 — a _£..r'.r' ^ m a: S^ ^ ^ ma a a ^ to to g S ^ rt - a a g o xxiv APPENDICES. No. 8.] ^ote of a protest of a ship. No. 8. Entry, or Note of a Protest of a Ship. On tliis day of in the year of our Lord one tluiusiiiul ei^ht Imndred and personally appeared and presenti'd liiiusflf at the oUice of 7i. B., notary piiljlic, C. D., master of the ship or vessel, the Mary, which sailed on a voya<,'e from oil tlie day of last, and arrived at on the ^ day of instant, laden with a cargo of And the said master hereby gives notice of his intention of protesting, and causes this note or minute, of all and singular the premises, to be entered in this register. a D. Ship Protest {commo7i form), in consequence of Loss or Damage by Storvis ancJ tempestuous IVcather, and also by Jettison. By tlie public instrument of protest herein-after contained or annexed hereto. Be it known and made manifest unto all peu})le, that on the day of in the year of our Lord one thousand eight hundred and personally came and appeared before R. B., notary public, duly authorized, admitted, and sworn, residing and practising in in the county of in tlie United Kingdom of Great Britain and Ireland, and also a master extraordinary of the High Court of Chancery in EiiLihind, A. B., master of the ship or vessel, the Eleanor Els^Kt, belonging to Liverjioul, C. D., chief mate, and E. F., carpenter of the said vessel, who did, peverally, duly and solemnly declare and state as follows : that is to say, that these appearers and the rest of the crew of the said vessel set sail in her from Calcuttd on the 12th of August last, bound on her voyage from thence to liiverjiool, laden with a cargo of general goods, the vessel being then tight, Mtauiich and strong ; well manned, victualled, and sound, and in every respect fit to j.erfonn the said intended voyage. That they proceeded on their voyage with fine weather and variable winds, accoiiij)anied occasionally with rain, until the 19lh, when they had fresh gales from the south-west, and passing s(iualls, and a heavy sea running, and they shipped large quantities of water on deck and over all parts of the ship, the vessel plunging the bowsjjrit end under water ; at noon, being in latitude fourteen degrees twenty-two minutes north, longitude eighty-eight degrees thirteen minutes east, they had fresh gales south-west by west, with showers of rain ; at thirty minutes past one they got the bowsprit secured, the ship laliouring and Kliipping great quantities (jf water. On the 20th, they had fresh j^'ales and s'lually wt^ather, jicconipanied with rain ; at noon they had fresh winds from the south-west, and a heavy sea running, the ship labouring very much, and every attention being paid to the ])unips. That they continued on their voyage with variable winds and cb^udy weather, accomjjanied occasionally with rain, thunder, and lightning, but without any extraordinary occurrence, until the 3<)th of September, when they arrived (>H' the Isle of France, and at APPENDICES. XXV I No. 8.] S/tip protest in co/iacquence of loss or ihmuye. four p.m. came to anclior at Port Louis, took in water there, and on the 3rd of October again proceeded on their voyage, with fine weather, until the 21st of October, which commenced with strong winds from the north-west and a heavy confused .sea, tlie ship labouring very much. Thus they proceeded on their voyage, and on the 14th of November, at three p.m., made the i.shind of St. Helena, bearing north-west by west. On tlie 15th, at Ibnr a.m. kei)t away for tlie port, took in water tliere, and at tliirty minutes past eleven bore away, and set all jjossible sail. That they proceeded on their course, and on the 18th of December, being in latitude thirty-two degrees west had fresh gales from west-north-west, witli cloudy weather and frequent showers of rain, the ship labouring very mucli, and continually shipping heavy seas over all, and filling the decks with water. At fifteen minutes past eleven a.m. kept the ship away to go to eastward of the Azores, the squalls being very heav)-, and the sea continually breaking over her, and the same bad weather continued until midnight, with a cross-sea running. On the l!)tli more moderate, but at ten p.m. had freshening winds from the north-east to nortli, the gale increasing ; at eleven p.m. carried away the jib-sheet, and tore the sail nearly all to pieces before they could stow it. On the 21st they had more moderate weatlier, and proceeded on their voyage. On the 24th they made the island of St. Mary's, distant eight leagues. On the 25th, the wind increased from the west-north- west ; at one a.m. they had strong winds from the westward, accompanied with rain, which carried away their foretop-mast studding-sail boom ; at thirty minutes past two they had a heavy sea from the north-west ; at thirty minutes past seven a.m. the ship laboured very much, and shipping tons of water on deck, the main deck continually full of water, and they were trying the pumps every opportunity, and pumping every four hours. On the 27th they had steady winds from the soutli-west, and cloudy weather at noon, in latitude forty-one degrees twenty-seven minutes north, longitude twenty degrees forty- three minutes west ; at three p.m. double reefed the foretop-sails ; at eight, they had strong Avinds \vith heavy sipialls from the west-south-west, the sea getting up considerably ; at nine, they had tremendous gales from the west- south-west, and a heavy sea broke on board, which carried aAvay the long boat and skiff, bulwark rails, stanchions, and swept the deck of spars and various other articles, and the pumps were instantly set on ; at ten p.m. had tremendous gusts, and a sea broke into the starboard-tjuarter boat, and burst her, and she was necessarily ol)liged to be cut away. That in the course of the night they were continually pumping, found the ship to make a great deal of water, and on getting a light forward on the main deck, in order to ascertain the extent of the damage, found the deck stove in very badly, and supposed it originated from the force of the boat or spars going overboard ; the water still gaining on them, they were obliged to continue at" the pumps throughout the night, ;ind they found several stanchions gone on the larboard side, and also all the oars, rudders, and every thing belonging to the long boat and skiif, which were lashed inside, also six water casks, and six more from the decks, which were properly lashed ; several spars were lost, which were partially washed over the side, and which they were obliged to throw away, not being able to get them in ; the best maintop-mast studding-sail, and all the studding-sail yards were washed overboard, witli all the studding gear and other ropes, and every light aj-ticle about the decks, although everything had been securely lashed before the bad weather commenced. That the 2bih commenced with heavy xxvi APPENDICES. No. 8.] Ship protest in consequence of toss or damage. gales from tlie north-west to nortli-nortli-west, being in latitude forty-two tlegi-eea forty-five minutes north, longitude eighteen degrees west, the ship in tlie sjmie state as on the preceding day ; at daylight no alteration, the ship a perfect wreck, and they cleared up what spars remained, and secured them ; and finding the shij) straining exceedingly, and being afraid of losing more staucliions, they were obliged to cut the guns adrift, and put them overboard with the cju-riages, the shot having previously rolled out of the shot-rack overboard ; and they were obliged, in order to lighten the ship, and for the preservation of the vessel, crew, and rest of the cargo, to throw overboard [Jiere descnhe tlie goods or articles voluntarily thnmn overboard for the common benefit of all C07icerned] which was accordingly done ; at noon they had fresh, winds, west by north, and cloudy weather, with a heavy sea running, and still shipping much water iipon deck, and pumping ship every hour ; and during tlie remainder of the day they had strong sijualls at intervals, until midnight. That they continued on tlieir voyage, generally with strong squalls, fresh gales, and cloudy weatlier, with hail and showers of rain, accompanied with lightning and hea%^ seas, and constantly shipping seas, the pumps being attended to every hour, until the 1st of January, when at noon they had fresh winds from tlie south-west ; at ten p.m. the Skerries light bore east-north-east, distant three leagues ; at one a.ni. on the third, they rounded the Skerries ; at two, took a pilot on board ; at daylight they made all possible sail for the new channel, and got into the river Mersey, in the port of Liverpool, at three p.m. ; and at six p.m. they got safely moored in the Prince's Dock. And this aytpearer, A. B., further declares, that on the following day he appeared at the otiice of the said notary, and caused his protest to be duly noted. And these appearers do protest, and I, the said notary, do also protest, against the aforesaid bad weather, gales, storms, accidents, and occurrences, and all I0.SS or damage occasioned thereby, the same being entirely oiving to the facts and circumstances before mentioned. We, A. B., C. I)., E. F., do solemnly and sincerely declare,* that the fore- going statement is con-ect, and contains a true account of the facts and circumstances ; and we make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the sixth -year of the reign of his late Majesty King WUliam the Fourth, entitled "An Act to repeal an Act of the present Session of Parliament, entitled ' An Act for the more effectual abolition of Oaths and Aflirmations, taken and made in various departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial Oatlis and Aflidavit.s, and to make other provisions for the abolition of un- necessary Oaths.' " A. B. CD. E. F. Thus declared and protested, in due form of law, at the office of me, the eaid notary, at the day and year first before written. [Seal.] R' Brookk, Notary Public, Liverpool.f • Before the Act 5 & 6 Will. 4, c. 62, ship protests were usually sworn to by the appearers. t See forms in Brooke's Office and Practice of a Notary. APPENDICES. xxvii No. 9.] Ship protest in consequence of a loss hij collision. No. 9. »S7i72) Protest in consequence of a Loss by Collision. By tlie pulilic instrument of process herein-after contained or annexed hereto, Be it kn(nvn ., remaining third owner of the said ship, am held and firmly bound unto E. F. in the penal sum of tivo thou- sand pownds sterling, for the payment of which well and truly to be made unto the said E. F., his heirs, executors, administrators, and assigns, I hereby bind myself, my heirs, executors, and administrators, firmly by these presents. In witness whereof I have hereunto set my hand and seal, this 14th day of December, in the year of our Lord, 1796. Whereas the above-bound A. B. hath taken up and received of the said E. F. the full and just sum of one thousand pounds sterling, which sum is to run at respondentia on the block and freight of the ship -E'.ce^er, whereof the saidvl. B, is now master, from the port or road of Bombay on a voyage to the port of London, having permission to touch, stay at, and proceed to all ports and places within the limits of the voyage, at the rate or premium of twentif-jive per cent. (25 per cent.) for the voyage. In consideration whereof usual risks of the seas, rivers, enemies, fires, pirates, &c., are to be on account of the said E. F. And for the further security of the said E. F. the said A. B. doth by these presents mortgage and assign over to the said E. F., his heirs, executors, administrators, and assigns, the said ship Exeter and her freight, together with all her tackle, apparel, &c. And it is hereby declared, that the said sliip Exeter and her freight is thus assigned over for the security of the respondentia taken up by the said A. B., and sliall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon. Now the condition of this obligation is such, that if the above-bound A. B., his heirs, executors, or administrators, shall and do well and truly pay or aiuse to be paid, unto the said E. F., or his attorneys in London legally authorized to receive the same, their executors, administrators, or assigns, the full and just sum of 1,000/. sterling, being the ]n-incipal of tliis bond, together with the premium which shall become due thereu[iun, at or before the expiration of xxxii APPENDICES. No. 14.] Form of a hoftomry bill. niiutij days after the safe arrival of the said ship Exeter at her moorings in tlie river Thames, or in case of the loss of the said ship Exeter such an average as hy custom shall have become due on the salvage, then this obligation to be void and of no effect, otherwise to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accomplished, the otlur two to be void, and of no effect. A. B. for self ) and C. D* ] ^^- ^■> Signed, staked, and deliveri'd (where no stamped ) G. H. papi-r is to bo liad) in the presence of ) /. K. No. 14. Form of a Bottomry Bill. To ALL MEN to whom these presents shall come. I, A. B., of Bengal, mariner, part-owner and master of the ship called the Exeter, of the burthen of live hundred tons and u])wards, now riding at anchor in Table Bay, at the Cape of Good Hope, send greeting : Whereas I, the said A, B., part-owner and master of the aforesaid ship called the Exeter, now in prosecution of a voyage from Bengal to the port of London, having put into Table Bay for the purpose of procuring provisions and other supplies necessiiry for the contiimation and performance aforesaid, am at this time necessitated to take up upon the adventure of the said ship, called the Exeter, the sum of one thousand pmmds, sterling monies of Great Britain, for setting the said ship to sea, and furnishing her with provisions and necessaries for the said voyage, which sum C. D., of the Cape of Good Hope, master attendant, hath at my request lent unto me, and supplied me with at the rate of twelve hnndred and tirentij jmunds sterling for the said one thousand pounds, Ixiing at the rate of one hundred and txoenty-two pounds for every hundred pounds advanced as aforesaid, during the voyage of the said ship from Table Bay to London. Now know ye, that I, the said A. B., by these presents, do, for me, my executoi-s and aut this bond, although exjiressed to be exet;uted by the master for himself and the other part-owner, would not bind the other part-owner jH-rsoiially, unless he had by a previous deed authorized the master to execute such a bond for him. APPENDICES. xxxni No. 15.] Instrument of hi/pof/ierafion of ship and cargo. the said ship, the tackle and apparel of the same, and also the freight of the said ship, which is or shall become due for the aforesaid voyage from Bengal to the port of London, to pay unto the said (1 D., his executors, administrators, or assii>;ns, the sum of twelve hundred and twmty pouwds of lawful British money, within thirty days next after the safe arrival of the siiid ship at the port of London from the same intended voyage. And I, the said A. B., do, for me, my executors and administrators, covenant and grant to and witli the said 0. D., his executors and administrators, 1)y these presents, that I, the said A. B., at the time of sealing and delivering of those presents, am a true and lawful part-owner and master of the said ship, and have power and authority to charge and engage the said ship with her freight as aforesaid, and that the said ship, with her freight, .shall at all times after the said voj^age be liable and chargeable for the payment of the said twelve hundred and twenty imunds, according to the true intent and meaning of these presents. And, lastly, it is hereby declared and agreed, by and between the said parties to these presents, that in case the said ship shall be lost, miscarry, or be cast away before her arrival at the said port of London from the said intended voyage, that then the payment of the said trvelve hundred and twenty pounds shall not be demanded, or be recoverable, by the said C. D., his execu- tors, administrators, or assigns, but shall cease and determine, and the loss thereljy be wholly borne and sustained by the said C. D., his executors and administrators, and that then and from thenceforth every act, matter, and thing herein-mentioned on the part and behalf of the said A. B. shall be void ; anything herein-contained to the contrary notwithstanding. In witness whereof the parties have interchangealtly set their hands and seals to four bonds of this tenor and date, one of which being i)aid, the others to be null and void. At the Cape of Good Hope, this 15th day of November, in the year of our Lord one thousand seven hundred and ninety-seven, (E. F. Witness, \g.H. A. B. (i.. s.) [I.K. No. 15. The Form of an Instrument of Hypothecation of Ship and Cargo. Know all to whom this instrument of bond and bill of maritime risk and bottomry may come, that in the year from the birth of our Lord Jesus Christ 1801, on the .31st day of the month oi January, in the city of Lipbon, in my office personally appeared Jacomo Mazzola, captain of the imperial ship called the Gratitudine, whom I know to be the real person ; and he declared to me, the notary, in the presence of the witnesses herein-after mentioned, that within twenty-four hours after the arrival of his said ship at London, or any other port, and jirevious to beginning to make any delivery of the cargo at the port aforesaid, or any other port, that he the captain, or whomsoever may act in lieu of him, or in case of his absence, or perform the duties of his said qutility, shall or will -pay by this bill of risk, sea exchange, and bottomry, to Francis Manoel Calvert, professed in the order of Christ, or to his order, the sum of 5,273/. 12s. sterling, principal and premium of risk and sea exchange, at the xxxiv ArPENDICES. No. 16.] Respondentia hond. rate of \G per cent., tlie Avliirli piiucipal lie acknowledged to have received liere of the said Francis ]\IanoeI Calvert, in the good current money of this kingdom, xinder the denomination of true and legitimate money of sea exchange and bottomry, on the hull, keel, and appurtenances of the aforesaid ship, and therewitlx to supply the Avants of the repairs, caulking, and of the cargo of the same, on -which he had effectively invested it ; the said Calvert taking upon himself, and in consideration of the aforesaid premium of 16 p&r cent, volun- tarily agreed for and settled between them, to run the sea risk on the said hull, keel, and appurtenances and cargo of the said ship, in her ensuing voyage, which the said captain is about prosecuting from this port of Lisbon to that of London ; — these being the risks which the aforesaid Francis Manoel Calvert takes on himself, and is to run, such as of the sea, winds, fire, stranding, and shipwreck, enemies and false friends, detentions of princes, and reprisals, during the Avhole of the said voyage, excepting nevertheless those of barratry of the master, and of average as well particular as general, the which are expressly excluded ; the which risk shall commence to run from the hour the ship shall heave her first anchor to set sail from this port to that of London, and shall cease in twentj'-four hours after having come to an anchor ; and for the ready pa}nuent of the aforesaid sum, he the captain binds himself, and his eflfects in general, dues and funds, both in actual possession and future, and by special mortgage the cargo, freights due or that may become due ; and in case of failure of the prompt payment in due time he binds himself imder this clause of mortgage to pay to him or Iris order, for all the delay until full payment, at and after the rate of six per cent, per annum ; and there being also present Andrew Belucci, mate of the said ship, by whom it was declared, that in case of the absence of the aforesaid captain, he bound himself to fulfil the contents of this bond they thus executed and accepted, after these presents being read to them, and I the notary in the name of whomsoever it may concern being ab.^ent ; to all which were witnesses present, Joav Pedro Roeks, who also acted as interpreter, as well for the captain as for the mate, he being tliere vice- consul, and Manoel Eugenio Coetho, who together with the parties signed thereto. J. Joge de Almeida Rorig the notary wrote it : Jacomo Mazzola, Andrew Belucci, Joav Pedro Roeks, Manoel Eugenio Coetho ; and J. Joge de Almeida Rorig, notary public of notes in the city of Lisbon and its district of liis Royal Highness the Prince Regent our lord, whom God preserve, caused this instrument to be transcribed from my book of notes, to which I refer myself, and have subscribed it, and signed it in jniblic form. In testimony of the tnith, Joge de Almeida Rorio. Whose handwi'iting is certified by Francis Manoel Calvert. Francis Arbouin, Vice-Consul. No. 16. Tlie F(jrm of Respondentia Bond on a Voyaye to the East Indies. Kxow all men, by these presents, that we, James Peter Fearon, commander of the ship Belvidere, in the service of the Honourable East India Company, and Peter Douglas, of Fitzroy Square, are held and firmly bound to Hans Bask, of New Broad Street, London, merchant, in the sum or penalty of fifteen hundred, pounds of good and lawful money of Great Britain, to be paid APPENDICES. XXXV No. 16.] Respondentia homl. to the said Hans Busk, or to his certain attorney, executors, admini-strutors, or assigns ; to whicli payment, Avell and truly to he made, we bind ourselves, jointly and sei>arately, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated this fourth day of May, in the forty- first year of the reign of our Sovereign lord George the Third, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and in the year of our Lord one thousand eight hundred and one. Whereas the above-named Hans Busk has, on the day of the date above written, advanced and lent unto the said James Peter Fearon and Peter Douglas the sum of sevnn hundred (ind fiftij iwunds, upon the goods and merchandizes and effects laden and to be laden on board the good ship or vessel called the Belvidere, of the burthen of 987 tons or thereabouts, now riding at anchor in the river of Thames, outward-bound to China, and whereof James Peter Fearon is commander, by his acceptance of a biU of exchange to that amoimt at four months' date for the account of them the said James Peter Fearon and Peter Douglas : Now the condition of this obligation is such, that if the said ship or vessel do and shall with all convenient speed proceed and sail from and out of the said river of Thames on a voyage to any port or place, ports or places, in the East Indies, China, Persia, or elsewhere beyond the Cape of Good Hope, and from thence, do and shall sail, return, and come back into the said river of Thames at or before the end and expii'ation of thirty-six calendar months, to be accounted from the day of the date above written, and there to end her said intended voyage (the dangers and casualties of the seas excepted) ; and if the said James Peter Fearon and Peter Douglas, or either of them, their or either of their heirs, executors, or administrators, do and shall within thirty days next after the said ship or vessel shall be arrived at her mooring in the said river of Thames from her said intended voyage, or at or upon the end and expiration of the said thirty-six calendar months, to be ac- counted as aforesaid (which of the said times shall first and next happen), well and truly pay or cause to be paid unto the said Hans Busk, his executors, administrators, or assigns, the full sum of one thousand and twenty pounds of lawful money of Great Britain, together with thirteen pounds ten shillings of like money per calendar month, for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month, for all such time and so many calendar months as shall be elapsed and run out of the said thirty-six calendar months over and above tii-enty calendar months, to be accounted from the day of the date above written, or if in the said voyage, and within the said thirty-six calendar months to be accounted as aforesaid, an utter loss of the said ship or vessel by fire, enemies, men-of-wai", or any other casualties shall unavoidably happen, and the said James Peter Fearon and Peter Douglas, their heirs, executors, or administrators, do and shall within six calendar months next after such loss well and truly account for (upon oath if required), and pay unto the said Hans Busk, his executors, administrators, or assigns, a just and proportionable average on all the goods and effects of the said James Peter Fearon carried from England on board the said ship or vessel and the nett proceeds thereof, and on all other goods and effects which the said James Peter Fearon shall accjuire during the said voyage, for or by reason of such goods, merchandizes, and effects, and which shall not be unavoidably lost, then the above-written obligation to l>e void, and of none effect, else to stand in full force and virtue. c 2 '^ :■-. ' ^ DD w o < f-l H ■^ f, M . , isi ij u 1-1 ^ >^ s 1^ ageme H r M ^ *=^ -~ :2 rr -- «- w s T* ~» ~ 3f « o t s-^? 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M •^ o ^O .iilS « <" 3 ^ ?n o 9P 3 o 5 pj • fe ^ o » o o -' 'Z! a oj Ol i =* ^ ■ ' >,+3 Ph •5 .2 ^ M 03 M cc to 3 - cSra p^ -a -a o Eh a 2 c K a cs aJ a ,q _3 "2 X a , or on shore : in con respectively expresse traction of any part himself as qualified 1 the Regiilations authc +3 a < _a a i 2 1 3 Ph board, in boa st their Name r negligent De Person enters so agreed, Tha 13 .^ -a T3 .2 c a B ° j^ — 2 a" ¥ a o ' — ^ o ^ 2 0) 1 .^ 1 a o .0 S a >. o ^ I— I K *J -go S, cS 3 :a.5 ^ a mA »^ >3 « Od >. . o -eh* "S® • -a £ =4 Pm >. {> a . a •w c to ■2 §.» S'^ c5 P •° -, « ^^•° 5^'S'C a 39 _; rt f^_, ^'hW 8 a ^ c; iii ^a.2 cs ^-^ is ■So;3 .Q 0} cS 0" >>^fl a % bo C3 5>^a^ .2 si oS2 ■z !4 ■0 rrt 'M 0,C^-55 .■s*^> r +J*J p aga »92 ct i 0^2 +^ •"c^ tS 15 w, go 1! i oH " £■ ^ m-^^ ^^^ O-C 3 * H HcjsS SiJS5S m J"* ^" S xxxvin 2 I^ utme oj 6 8 a 2 o o Pi PARTICULARS OF ENGAGEMENT. ^-^1 SIGNATrRES OF CREW. 1 <; 2 1 'own or I'ouuty ! where i boru. 3 If in .he Re- serve, No. of Com- uissiou ] or 'A RV 2.C 4 Ship in which he last served. Date and Place of joining this Ship. In what Capacity engaged, , . , and if ^^'\ Master, ^^ ^^ *° Mate, or ,^^ «" Engineer. ^«^'^'^- No. of his Certificate. 9 10 State fame, and )tficial No. r Port she belonged to. 5 Year. 6 Date. 7 Place. 8 1 2 3 Master to sign first. Master. ! 1 4 1 5 ! / ! 8 1 9 10 11 12 U IJ li le li li r. 2( . |~ ^ '1 1 ^t j 1 If any Mcnjlx:r of the Crew cnterK Her Majesty'.s Service, the Name of the Queen's Ship into which he Causes of Icjaving the Ship should be briefly stated thus, XXXIX Ship PARTICULARS OF DIS- CHARGE, &c. To he filled in, bij the Master upon the Disclumjc, Death, or Ikxtrtion of any Member of hits Creiv. RELEASE (late JI). i d o Amount of Wages per Week, Calendar M(jnth, Shai-e, or Voyage. 11 Amount of Wages advanced on Entry. 12 Signature or Initials of Super- ;;:; iutendent, Consul, or Ctfticer of Customs. Date, Place, and Cause of leaving thi.s Ship, or of Death. Balance of Wages paid on Discharge. 18 nnbers of aereby re- aster and from all orwise in 1 be on the Col. 1.) Superin- r of Cu8- alanco of -0 signed. Amount of Weekly or Monthly 'Allotment. 13 Date. 15 Place. 16 Cause.* 17 Wo, the undersigned Mi the Crow of this Ship, do lease this Ship, .and the M ,_, Owner or Owners thereof P a -a _, o Ph o o Si) S CI' xlv 8 a> Si S •ci^gi=:s ■ ^ "^ " "^ ~ -' o o 2 i 4* 2 - X! 2 "-so S 5 13 td ^,^3 >o I' il^cgi'^: O ■£ iJo !0 CO :0 +- ;o 3 CO -fi >.-^ ^■^. CO >..S i -w" ■^ a > K 3^^ =i-^ o c „ "o ^^ £^0 o^ "s-e e2 ^ .^ '^ s cv^ -x S s _ o S3 .w E-?^S| c1^^^'.°S| i-s^ll S"? ^^ X- "a crj < U-? 5 ii a 0-, 2S.2|^^ > cs> £ o H aj I, .^ J:- c o oj 5 x; --^ '^ j£cE-l''' 00 kSm 43 d r5^ Eo . So o o S s 2 6C =< B-5 g:3 3^.2.5l3*^-^ . ao x.5o5^^2 cs"^ZI P H^ iT 2 a r2 C( a P -P ;- (vi ^' :3 1 r 2 =p "^ 1^ o -^ S o-»-.^a ■-■" ^^ ^ £ .S c ? 'C § = g £ ^ -M a'_^ g be :s,-=5 -S -^ a: p g ^'' 3j =^ g o S ° 2 ■? c ?^ o 3 " "S. .^ b CT -= • - ^' -o a-o-s £'3 -2 'a tSso*^ T: ii - 2 ^ 1- rfUi ^ a ii -r 5? ^ — ;:^ ^"^ ^j* T ;j ^ a 1 fi ^ i; r3 _bL .2 :/- "" _ ,_ = -^ •>- ^ _ a _4 t .5 ■^ X u, •^^ a s; c. ^ .3 a " 1^ — C CO => _c -= =2 S^ > ^ a ^- ■vi ^ i; ^ ~-2o J "a ■: o if -^ t - .^ c -S Tc - g r; -i- -^ x o ^ a a — ; s _ i •■- f, ^ o S a P o x^,^ 2 a 2 P Ej'tocJi --a--';;; ca-r-fj^'-i^~r"^«o'dOer-^-D '-< S .t; "3 £ p^ o a ^ '^ -r; a ^ i* 5 -s '■■? "" 2 ^" ^ ° ^ E b"c « P ~ ■'' '^■s.2 2 cs-S 2lso sia .2-5 >:5ic^ " P St 2 ^S-^S' ■£.'-' a . tH iT tr . -^j« o 1^ 2 '"5 *" ia ■" C5 o — 1 2 o &^ r -s "^ xlvi &A>fCTIOSEP BT THE BOARP OP TRADK, FKBRUARY ISlJl. In pcescasce of 17 & IS Yicr. c. 104. No. 18. AGREEMENT FOR HOME Name of Ship. Official Number. Port of Registry. Port No. and Date of KcKister. Registered Tonnage. MANAGING Name. Scale of Provisions to be allowed and served out to tbe Crew during the Voyage. Bre;»d Beef Pork Flour Teas Tea Coffee Sugar Water lb. lb. lb. lb. oz. ox. oz. qts. SUNDAY MONDAY ... TUESDAY ... WEDNESDAY THURSDAY .. FRIDAY SATURDAY... 4 r ♦ Here any stipulation for changes or substitution of one article for anotlicr may lie inserted. Signatures . of Crew. -^ee. Town or County wliere Bom. No. of Fund Ticket (if any) or E 2. I No. of RoyalNaval Volunteer'B Certificate. _, . . , . , , 1 CI 1 ' Date and Place of Ship in which he last Served, discharge from such Ship. Official Number, and Port , ° she belonged to, or other Employment. Date. Place. ACCOUNT OF APPRENTICES Note. — Any Era-sure, Interlineation, or Altera- tion, in thin A^ecment, except in the case of SaV«titnte«, will lie void, unles.s attested Viy some Shti>ping MaMer, Officer of Customs, Consul, or Vice-ConHuI, to be made with the consent of the persons int<;rc.st';d. Christian .and Surnames of the Apprentices at length. Date of Registry of Indenture. Port at which Indenture was Registered. NoTK. — T/'j'jf A'jrff.wfnI. m^i'l Ac delirtritl lo the Shipping Master at some Port of the United Klrt'jdom vithin Tventi TRADE SHIP. No. 18. COPY. EXFX^UTED IN Amount of Fee, FOLIO _ £ xh OWNER. MASTER. Date and Place of firnt Signature of Agreement. Address. (State No. of House, Street, and Town.) Name. No. of Certifi- cate (if any). Addres.s. (State No. of House, Street, and Town.) The sevei-al persons whose names are hereto subscribed, and whose descriptions are contained below, and of whom are engaged as Sailors, hereby agree to serve in the several capacities expressed against their respective names on board the said Ship, which is to be employed ' And tlie said Crew agree to conduct themselves in an orderly, faithful, honest, and sober niaiiiier, and to be at all iimcs diligent in tlieir respective duties, and to be obedient to the lawful commands of the said Master, or of any j)erson who shall lawfully succeed him, aud of their Superior Officers, in everything relating to the s;iid Ship and the Stores and Cargo thereof, whether on board, in boats, or on Shore : in considera- tion of which Services to be duly performed, the said Master hereby agrees to pay to the said Crew as Wages the sums against their names respectively expressed, and to supply them with Provisions according to tlie annexed Scale : And it is hereby agreed, that any Embezzlement or wilful or negligent destruction of any part of the Ship's Cargo or Stores shall be made good to the Owner out of the Wages of the Person guilty of the same : And if any jiersnn enters himself as qualified for a duty which he proves incompetent to perform, his Wages shall be reduced in proportion to his incompetency : And it is also agreed, That the Regulations authorized by the Board of Trade, which in the paper annexed hereto are numbered - arc adopted by the parties hereto, and shall be considered as embodied in this Agree- ment : And it is also agreed, That if any Member of the Crew considers himself to be aggrieved by any breach of the Agreement or otherwise, he shall represent the sajne tp the Master or Officer in charge of the Ship in a quiet and orderly manner, who shall thereupon take such steps as the case may require : And it is also agreed, That^ In witness whereof the said Parties have subscribed their names hereto on the days against their respective signatures mentioned. Signed by Master, on the day of 18 1 ITcre the probable Nature of the Shijj's em- ployment for the onsu- inir .Six Months, or the nature of the Voyage, is to be stilted. The Agree- ment cannot be made to extend beyond the next liOth .June or:ilst Decem- ber, or the first arrival of the Ship at her final Port of destination after such date, or the dis- charge of Cargo conse- quent on such arrival. 2 Here are to be in- serted the Numbers of the Regulations for pre- serving discipline issued by the Board of Trade Form R. (ante, p. xliv.), which the parties agree to adopt. If any of them are .so adopted, a Copy of the Regulations is to be kept .annexed to the Agreement. 3 Here any Stipiila- tions may be inserted to which the parties ag^ree, and which are not con- trary to law. Date and Place of Entry in this Ship. In what Capacity engaged ; and if Mate, No. of his Certificate (if any). Time at which he is to be on boai-d. Amount of Wages per Calendar Month, Witness's Signature. • Date. Place. Share, or Voyage. £ s. d. . ON BOARD (IF ANY). Date of Registry of Assignment (if any). Port at which Assignment (if any) was Kegistered. I declare to the truth of the Entries in this Agreement, delivered to the Shipping Master at , on the day of IS Master or Oicncr. : Days after the Thirtieth of June or Thirty-first of Dercmhcr next succeed I'ng (he dale at rvhich it ^as made. xlviii APPENDICES. No. 19.] Bates of Filofaf/e — liable U. No. 19. TAliLE U. (See Section 333 of 17 & IS Vict., c. 104.) Rates of Pilotage to Le demandeil and Received by Qualified Pilots OUTWARDS Frou To 7 Feet and under. 8 Feet. 9 Feet. 10 Feet 11 Feet. 12 Feet. The Sea, Orford- ncss, the Downs, Hose- ■ ley Hay, and vice vers& ■- Xore Warps. Gravesend, Chatham, \ Standgate Creek, or > Blackskikes . . . ) Long Reach .... Woolwich or Blackwall Moorings or London Docks £ s. d. 3 13 6 4 12 4 16 6 5 5 9 5 16 £ 4 5 5 6 6 s. d. 2 9 7 9 12 3 1 6 9 9 & 4 6 6 6 7 s. d. 12 3 3 8 17 3 6 & 5 6 7 7 7 s.d. 1 3 18 2 6 11 9 17 3 5 7 7 8 8 s. d. 5 9 11 9 18 3 10 3 19 6 £ 6 8 8 9 9 s. d. 5 5 6 14 9 4 13 3 The Nore or Warps, and vice versi . L Grave.send.StandgateCreek, ) or Blackstakes . . \ Long Reach or Chatham Woolwich or Blackwall . . Moorings or London Docks . 1 18 9 2 6 2 15 3 3 4 6 2 2 3 3 3 3 10 6 1 9 10 9 2 2 3 3 7 15 3 8 17 3 2 2 3 4 10 6 19 9 13 6 2 9 2 3 4 4 19 9 9 2 9 16 6 3 3 4 5 6 3 18 3 10 3 5 9 Gravesend Keach, and j vice versa Long Reach . ... Woolwich or Blackwall . Moorings or Lomlon Docks . Sheemess, Standgate Creek, or Blackstakes . , Chatham .... 9 3 13 1 7 6 2 15 3 3 4 6 1 1 2 3 14 9 7 6 14 19 8 1 1 2 3 3 3 12 3 6 1 9 10 9 1 1 2 3 3 5 3 16 9 6 4 6 13 6 1 2 2 3 4 10 4 3 15 3 13 6 2 9 1 2 3 4 4 14 6 13 6 4 6 2 9 12 r Ix>ng Reach and j vice vcrsA Woolwich or Blackwall . . .Moorings or London Docks . SheerncHs, Standgate Creek, ) or Biack-stakes . . \ Chatham .... 18 6 17 6 3 4 6 3 13 6 1 1 3 3 2 11 3 8 17 3 1 1 3 4 4 9 14 10 9 1 1 3 4 7 6 16 9 13 6 2 9 1 2 4 4 16 9 6 2 9 12 2 2 4 5 6 15 3 12 1 3 Woolwich or ( Blackwall, ) and vice ) verHik . . ' 1 Moorings or London Docks . Sheeme.ss, Standgiitc Creek, | or Blackstakes . . \ Chatham .... 18 6 1 2 3 13 6 3 17 3 4 2 9 4 6 G 1 4 4 4 9 9 3 1 4 4 7 6 2 9 12 1 4 5 10 12 1 3 1 5 5 12 3 1 3 10 6 APPENDICES. xlix .'No. 19.] Rates of piMcujp, — Tahh U. No. 13. TABLE U. (See Section 333 of 17 & 18 Vict., c. 104.) for Piloting Ships witliin the undermentioned Limits. OUTWARDS. 23 Feet 13 Feet. 14 Feet. 15 Feet. 16 Feet. 17 Feet. 18 Feet. 19 Feet. 20 Feet. 21 Feet. | 22 Feet. and up- wards. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s.d.\£ s. d. £ s. d. £ «. d. 6 13 7 7 3 7 16 6 8 14 9 9 8 6 10 17 11 10 12 17 6 14 1 5 3 16 11 3 18 8 8 19 6 9 13 3 10 7 11 9 11 14 6 14 1 6 16 13 19 6 6121 1 5 23 3 9 25 2 3 9 8 6 10 10 16 3 11 10 13 3 6 15 9 18 11 9 21 5 23 24 16 9 26 13 6 10 2 6 11 9 11 14 6 12 8 6 14 3 6 16 5 9 19 11 22 1 6 24 16 9 27 12 10 11 6 11 10 12 8 6 13 2 3 14 14 6 17 6 20 10 3 23 4 6 — — 3 11 9 3 15 6 4 2 9 4 10 3 5 1 3 5 16 6 8 9 7 14 6 8 14 9 13 3 10 12 6 4 2 9 4 7 4 13 9 5 5 5 16 6 15 3 8 5 6 9 13 3! 10 12 6hl 11 9 12 15 3 4 19 5 8 6 5 16 6 4 3 7 2 6 8 3 9 9 4 11 11 9 12 11 3 13 16 5 15 6 4 3 6 13 6 7 2 6 8 1 9 4 11 9 12 17 6 13 16 _ — 1 19 2 3 9 2 8 3 2 13 2 17 6 3 2 3 6 9 3 11 3 4 12 5 10 6 3 2 6 3 11 9 3 18 3 4 5 6 4 13 9 5 1 2 6 4 3 7 11 9 8 19 6 9 13 3 3 13 6 4 2 9 4 12 5 1 3 5 10 6 5 19 6 7 7 3 8 14 9 — — 4 12 5 1 3 5 10 6 5 19 6 6 8 9 6 18 7 7 3 7 16 5 — 5 1 3 5 10 6 5 19 6 6 S 9 6 18 7 7 3 7 16 5 8 5 6 — — — 2 15 3 3 4 6 3 13 6 4 2 9 4 12 5 3 6 5 16 6 8 9 8 5 6 9 4 3 4 6 3 13 6 4 2 9 4 12 5 3 6 5 16 6 8 9 7 7 3 9 4 — .5 13 5 10 6 5 19 6 6 8 9 6 18 7 7 3 7 17 6 8 5 6 8 14 9 5 10 g 5 19 6 6 8 9 6 18 7 7 3 7 16 6 8 5 6 8 14 9 9 4 a — — 1 16 9 2 1 6 2 60 2 10 6 2 15 3 2 19 9 3 4 6 3 9 _ 5 10 6 5 19 6 6 8 9 6 18 7 7 3 7 16 6 8 5 6 8 14 9 — — 5 19 6 6 8 9 6 18 7 7 3 7 17 6 8 5 6 8 14 9 9 4 — — - d APPENDICES. No. 19.] Riites ofpilotafie — TahU U. TABLE U. {coiitlnwd). INWARDS. From The Downs Standgate Creek To Nore, Sheeraess, Sfcxnd- gatc Creek, Gravesend . Long Reach . Blackwall or London Gravesend . Under 7 Feet. £ s. d. 5 5 5 16 6 12 3 3 6 2 From 7 Feet to 10 Feet. £ s. d. 7 17 6 8 8 6 8 19 6 3 17 11 Feet. £ s. d. 8 13 S 9 9 10 4 9 4 8 2 12 Feet. £ s. d. 9 9 10 4 10 11 6 4 19 13 Feet. £ s. d. 10 4 9 11 3 12 1 6 5 10 3 Note 1. Foreign ships are to jiay one fourth more than British ships excejtt wlien privileged to enter the cases such shii>s are to pay the s;inie rates of pilotage only as are payable by British ships. Note 2. For half a foot exceeding the above draughts of water, ,the medium price between the two For putting a Pilot on board, and for Pilotage of Ships to the Anchorage to the Downs.* 60 Tons, and under 150. 150 Tons, and under 250. 250 Tons, and nnde^ 400. 400 Tons, and nnder 600. 600 Tons, and upwards. From off Dungencss to off ^ Folkestone ; the Church f bearing N.N.W. by Cora- I pass . . . . ) From off Folkestone to the Sooth ) Foreland, the Lights in one . ) Prom off the South Foreland to ) the DowD.1. . . . \ £ s. d. 2 1 10 1 5 £ s. d. 3 2 1 5 £ s. d. 3 10 2 10 1 10 £ s. d. 4 3 2 £ s. d. 5 5 4 4 3 3 * When the Pilot is put on Board by a boat from the Shore, l-7th to the Pilot, and the remaining G-Tths to the Boat and Ci APPENDICES. No. 19.] Rates of plhikijif — Table U. TAliLE U. (continued.) INWARDS. 1 4 Feet. 15 Feet. IG Feet. 17 Feet. 18 Feet. 19 Feet. 20 Feet. 21 Feet. 22 Feet. 23 Feet, and up- wards. £ s. d. £ s. d. £ s. d. £ 3. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. 11 6 11 16 3 "12 12 13 7 9 16 1 3 19 22 1 24 5 26 9 2 28 13 3 11 18 10 12 IS 3 13 14 15 9 <*• 17 14 4 21 4 2 24 5 1 26 9 2 28 13 3 30 17 4 12 17 3 1-1 4 14 16 16 13 9 19 7 5 23 8 3 26 9 2 28 13 3 — — 6 13 6 12 3 7 3 3 7 14 4 8 5 4 8 16 4 9 7 4 — — — Ports of tlie United Kingdom upon paying the same duties of tonnage as are paid liy British shi^js, in wliich Limits. —For intermediate distances a proportionate rate< In the River ( For a boat of a class carrying an ahchor of above 4 cwt. \ Per ti-ip for the whole distance Thames, 1 with a corresponding tow line . . . . £2 2 f from Gravesend to London ; above \ Do. Do. . . 2 cwt. 1 10^ and in proportion for any Gravesend, ( Do. Do.. under 2 cwt. 15 o) jxirt of that distance. And for each man's service in those boats, 8.'». per tide. For removing a ship from moorings iitto a dry or wet dock : — For a ship under 300 tons £0 15 ,, ,, 300to600 „ 110 ,, ,, COO to 1,000 „ 1 11 6 „ „ above 1,-UOU ,* 2 2 .1 2 m APPENDICES. No. 20.] Bond taTcen from pilots on licence being granted. No. 20. The i'oviu of Bond at presout taken t'nnu Pilots on a licence being granted to tluni is as follows : — Know all Mfii hij these Frcsoits, That T, of ^Mariner, am held and firmly bound to the Master, Wardens, and Assistants of the tJuild, Fraternity, or Brotherhood, of the most Glorious and Undivided Trinitv, and of St. Clement, in the parish of Deptford Strond, in the county of Kent, eomnumly called the Corjjoration of Trinity House, of Deptford Strond, their Successors and Assigns, in the full sum of One Hundred Pounds of law- ful money of Great Britain, to be well and truly paid to the said Master, Wardens, and Assistants, their Successors or Assigns, upon demand, and for the due and punctual payment whereof I bind myself, my Heirs, Executors, and Administrators, and every of them, firmly by these presents. Sealed with my Seal. Dated this day of in the year of our Lord 18 Whkrkas the alx)ve bounden liath applied to the said Corporation of Trinity House, of Deptfinxl Strond, for a Licence to act as a Pilot, under, and by virtue of, an Act of Pailiament, intituled, " The Merchant Shipping Act, 1854," and the said after due examination, having been found a fit and competent person, duly skilled in that behalf, and being thereupon about to receive a licence from the said Corporation to act as a Pilot, hath agreed to execute the above-written Bond or Obligation in conformity -with the directions of the said Act. Now the condition of the above-written Bond or Obligation is such, that if the above bounden do and shall from time to time, and at all times hereafter, well and truly in all things yield true obedience to all and every the Bye-laws, Eules, Orders, Regu- lations, and Ordinances of the said Corporation of Trinitj' House, of Deptford Strond, made in pursuance of any Act or Acts of Parliament heretofore passed, i)T which shall be made pursuant to the said Act hereinbefore mentioned. Then the above-WTitten Bond or Obligation shall be void, but otherwise the same .shall be and remain in full force and virtue. No. 21. TABLE T. '(See Section 314 of 17 & 18 Vict., c. 104.) Fees to bf charged for the Survey of Passenger Steamers, Vov Steamers not exceeding 100 Tons For Steamers exceeding KKJ and not exceeding 300 Tons For Steamers exceeding :}00 and not exceeding (>00 Tons .'Vnd for Lxary additional 300 Tons an additional . £ s. d. 2 3 4 1 APPENDICES. liii No. 22.] Ortlcr ill Council of 6(h ifay, 1857. No. 22. Order in Coiuicil of the Gt}t, May, 1857, respecthig JVafcr-distilling A'pparatiis in f all-power Steamers. AVlicreas l)y tlie " Passenfjers Act, 1855," it is amongst otlier tliingH eiiactcMl, that bei'ore anj' passenger sliip shall be cleared out, the emigration ollicer at the port of clearance shall sati.sty himself that there is on board a suHicient ([uantity of pure water, carrie,'' "Emigration Officer," " Statute Adult," and " Master,"' shall herein have the same significations as are assigned to them respectively in the said " Passengei-s Act, 1855 " (a). And the Right Honourable Henry Labouchere, one of Her Majesty's Prin- cipal Secretaiies of State, is to give the necessary directions herein accordingly. WM. L. BATHURST. i,u) Supra, Part XI., ch, 4, s. 4. Sec also infra. No. 27, ]'. Iviii. liv APPENDICES. No. 23.] Order in Council of ^rd Feb., 1863. No. 23. At tlie Court at Osborne House, Isle of Wight, the 3r(l day of February, 1863, rreseut : The Queen's Most Excellent Majesty in Council. Whereas by the " Passengers Act, 1855," it is amongst other things enacted, that it shall be lawful for Her Majesty, by any Order in Council, to prescribe such rules and regulations as to Her Majesty iwaj seem fit, for preserving onler, promoting health, and securing cleanliness and ventilation on board of passenger ships proceeding from the United Kingdom, to any port or place iu Her Majesty's possessions abroad ; and the said rules and regulations from time to time in like manner to alter, amend, and revoke, as occasion may rei[uire. And whereas, it is expedient to make provision for preserving order in private passenger sliips conveying to the colony of Victoria, in Australia, as many as ten unprotected female passengers. Now, therefore. Her Majesty doth, by, and with the advice of her Privy Council, and in pursuance and exercise of the authority vested in her by the said " Passengers Act, 1855," order, and it is hereby ordered that in addition to the rules prescribed in the Order in Council, dated the twenty-fifth day of February, one thousand eight himdred and fifty-six (a), the rules hereinafter contained .shall be observed in respect to unprotected female passengers on board such ships as last aforesaid. 1. In the construction, and for the purposes of this Order in Council, the term "unprotected Female Passengers," shall signify every female passenger between the ages of twelve and thirty-five, proceeding to the colony of Victoria, by virtue of a Passenger Warrant issued by the Government of that colony, who, if married, sliall not be accompanied by her husband, or jf unmarried, shall not be accompanied by her father or stepfather, or by a jnarried brother with his wife, or a married sister with her husband, or by an unmarried brother over the age of twenty-five ; the terms " Passengers," " Passenger Ship," and " Master," shall have the same significations as are assigned to them re- spectively in the said Passengers A^t, 1855 (?/), and words used in the j^lural number shall import the singular number also, and the converse, unless inconsistent with the context. 2. All unprotected female passengers shall, during the voyage, be berthed in Often berths, in a compartment in the aftermost part of the uj)per passenger deck of the ship, effectually divided oft' by substantial bulkheads from the other portions of such deck ; and no single mpn, or men without their wives, shall be berthed next to the bulkhead dividing off such compartment. .'}. The children under twelve years of age of married female passengers, unaccompanied by their husbands, shall be beithed with their mothers. 4. There shall be an entrance to such compartment from the upper deck or poop, exclusively appro] »riated U) the use of such female passengers. 5. There shall be carried on board a matron, to be ajipointed by tliC owner or master of the ship, and to be charged with the maintenance of discipline among such female ])a.ssengers as aforesaid. 6. No unprotected female passenger shall on any account be allowed to act, or shall act as servant or attendant on the surgeon, master, or any of the officers of the ship, or on any male cabin jtassenger. (a) Bevoked. See No. 21, iufra, i<. liii. {h) 8upra, Part XL, cli. 1. .« ' APPENDICES. Iv No. 24.] Order in Council of 1th Jan.^ 1864. 7. All intercourse between unjirotected female passengers and any of tho officers or crew of the sliii), or between such females and any of the male passengers (except brothers or brothers-in-law, and in case of unprotected married women, their cliihhvn) is liereby strictly jirohibitcd. 8. The master of the ship, before sailing, sliall, with the approval of the emigration officer at the port of clearance, mark out the portion of the poop or main deck to be assigned hjr the purpose of exercise to such unprotected female passengers, who, during the voyage, shall keep within the limits so marked out. 9. Before dark, all such lemale passengers as aforesaid shall go below to their own compartment, and as soon as they are there collected, the master shall lock the entrance, and on no account shall any man enter the compart- ment during the night, exce[)t the surgeon in case of illness, or the othcers and crew in case danger to the ship shall render their entrance necessary. 10. If the surgeon is reipiired to attend professionally any of such unpro- tected female passengers at night, the matron shall accompany and remain with him while he discharges his duties. 11. The master of the ship shall afford to the matron and to the surgeon all the assistance in his power in carrying these regulations into elfect. 12. Any person who shall refuse or neglect to obe}^ any of the rules herein contained, or who shall obstruct the surge(ju or master of the ship in the execution of any duty hereby imposed on them respectively, or who shall be guilty of insubordinate ctinduct, shall, on conviction, be liable for each offence to the penalties of fine and imprisonment, imposed by the said Passengers Act, 1.S55. 13. This Order in Council shall not apply to ships chartered by Her Majesty's Emigration Commissioners. And the Most Noble the Duke of Newcastle, one of Her Majesty's Princii>al Secretaries of State, is to give the necessary directions herein accordingly. No. 24. Order in Council prescribing Rnlcs for preserving Order, promoting HcaUh, cDc, 0)1 board Passenger Ships. At the Court at Osborne House, Isle of Wight, the Ttli day of January, 18G4. Present : The Queen's most Excellent Majesty in Council. Whereas, by the " Passengers Act, 18.35," it is amongst other things enacted, that it shall be lawful for Her Majesty, by an Order in Council, to prescrilie such rules and regulations as to Her Majesty may seem fit for preserving order, promoting health, and securing cleanliness and ventilation on board of passenger ships proceeding from the United Kingdom to any port or place in Her Majesty's possessions abroad, and the said rules and regulations from time to time in like manner to alter, amend, and revoke, as occasion may reipiire : — And whereas it is exi)edient to revoke an Order in Council made at a court held at Buckingham Palace on the twenty-fifth day of February, one thousand, eight hundred and iifty-six, in virtue of the provisions of the said Act, and to make a new Order in Council, Ivi APPENDICES. No. 24.] Order in Council of 1th Jan., 1864. Now, then-fore, Her Majesty cloth, by ami with the advice of her Privy Council, ainl in purt*uance and exercise of the authority vested in her by the siiid "Passengers Act, 1855," order, and it is hereby ordered, that the said Onler in Council of the twcnty-t'ii'th day of February, one tliousand eight liundred and tifty-six be and the same is hereby revoked ; and that the folliAvinL; shall henceforth be the rules for preserving order, for ])romoting health, and for securing cleanliness and ventilation, to be observed on Ijoard of everv passenger ship proceeding from the United Kingdom to any port or place in Her Majesty's possessions abroad out of Europe, and not being ^vithin the Mediterranean Sea. 1. All jiassengers who shall not be prevented by sickness or other sufficient cause, to be determined by the surgeon, or in ships carrying no surgeon, by the master, shall rise not later than seven o'clock a.m., at which hour the fires shall be lighted. 2. It shall be the duty of the cook or cooks, appointed under the thirty- ninth section of the said " Passengers Act, 1855," to light the fires, and to take care that they be kept alight during the day ; and also to take care that each passenger or family of passe.ngers shall have the use of the fireplace at proper hours, in an order to be fixed by the master, 3. AVhen the passengers are dressed, their beds shall be rolled up. 4. The decks, including the space under the bottom of the berths, shall be swept before breakfast, and all dirt thrown overlioard. 5. The breakfast hour shall be from eight to nine o'clock a.m. Before the commencement of breakfast, all the emigrants, except as hereinbefore exce]ited, are to be out of bed and dressed, and the beds rolled up, and the deck on which the emigrants live properly swept. a The deck shall farther be swept after every meal, and after breakfast is concluded shall be also dry holystoned or scraped. This duty, as well as that of cleaning the ladders, hospitals, round houses, and water closets, and of ]>umping water into the cisterns or tanks for the supply of the water closets, shall be perfonneil by a party who shall be taken in rotation from the adult males above fourteen, in the proi)ortion of five to every one hundred emigrants, and shall be considered as sweepers for the day. But the single women shall do all neces.sary acts for keeping ckan and in a proper state their own com- partment, where a separate compartment is allotted to them, and the occupant of each beith shall see that his or her own berth is well brushed out. 7. JMnner shall commence at ope o'clock p.m., and supper at six p.m. 8. The fires shall be extinguished at seven p.m. unless otherwise directed by the master or reciuired for the use of the si(;k ; and the emigrants shall be in their berths at ten o'clock p.m., except under the permission or authority of the surgeon, or, if flitre be no surgeon, of the master. 9. On each pas-enger deck there shfvU be lit at irits or gunjiowdi-r shall be taken on board by any passenger ; and if either of those articles be discovered in the possession of a pa-ssenger it shall be taken into the custody of the master during the voyage, and not returned to the passenger until he has landed or is on the point of landing. 15. No loose hay or straw shall be allowed below for any purpose. 19. No smoking shall be allowed between decks. 20. The following kinds of misconduct are hereby strictly prtihibited ; that is to say, all immoral or indecent acts or conduct, taking impniper liberties or using improjier familiarity with the female passengers, using blasphemous, obscene, or indecent language, or language tending to a breach of the peace, swearing, gamblmg, drunkenness, fighting, disorderly, riotous, quarrelsome, or insubordinate conduct, also all deposits of filth or offensive acts of uncleanli- ness in the between decks : Provided that no conviction under the .said Passengers Act for any of the offences herein specified shall operate as a bar to any civil or criminal jiroceedings which may in the ordinary course of law be instituted for the same oli'ence by any party aggrieved, 21. Fire-arms, swords, and other offensive weapons shall, as soon as the passengers embark, be placed in the custody of the master. 22. No sailors shall be allowed to remain on the passenger deck among the passengers, except on duty. 23. No passenger shall go into the ship's cookhouse without special per- mission from the master, nor ren\ain in the forecastle among the sailors on any account. ■lA. In vessels not expressly reiiuired by the said " Passengers Act, 1855," to have on board such ventilating apjiaratus as therein mentioned, such other lirovision shall be made for ventilation as shall be re([uired by the emigration oliicer at the port of embarkation, or, in his absence, by the otHcers of customs. 25. And, to prevent all doubts in the construction of this Order in C(mncil, it is hereby further ordered, that the terms " United Kingdom," " Passenger,'' " Passenger Ship," " Passenger Deck," and " Master,"' shall herein have the same significations as are assigned to them respectively in the said " Passengers Act, 1855 " (a) ; and, unless inconsistent with the context, words of one number shall import both numbers. And the most noble the Duke of Newcastle, one of iler Majesty's princiiial Secretaries of State, is to give the necessary directions herein accordinglv. EDMUND HARRISON, (a) Suimi, Tart XI., cb. 1, s. 4. Iviii APrENDICES. Uo, 25.] Suggestions as to boats and Life lioat. Boats to Ite No. 25. Suggestions to Masters of Emigrant Ships respecting Boats and Fire at Sea. Her Majesty's Colonial aiul Land Emigrant Commissioners having in view tlie fearful consequences ■wliicli must result from a want of preparation in the event of accident to an emigrant ship, and especially of fire, have felt it their Juty to call the special attention of the masters and officers of such ships to the precautions necessary to prevent such a calamity, and to the means of en- countering it should it occur. They are, of course, aware that no scheme or regulatious which may be formed beforehand can supply the place of coolness, judgment, and disci]>line at the time ; nevertheless, the previous estaljlishment of regulations, and the familiarity of the officers and crew with them, cannot but tend to obviate confusion and loss of time when danger arises. It is from the hope of contributing to this end, and not from any disposition to interfere in matters beyond their immediate duties, that the commissioners have drawn up the following suggestions. The lirst matter to be settled is the arrangement of the boats. I, — Boats. 1. The lifeboat should always be carried in such a manner as to admit of its being rapidly and safely lowered at the shortest notice. 2. All the boats, except the long boat, should, if practicable, be hung in hTnlT i«"oat a certain numljer of the ship's company as its crew, or skeleton the Ixiata. crew, to be comi»!eted with passengers ; and, when opportunities permit, to exercise the men in lowering the boats at sea. The life boat's crew should be picked uieu. APPENDICES. lix No. 25.] Fire at sea in emi{irant ships. TI. — To Prevent Fire. 7. No i)assen<;cn- sliij) should put to sea until all her cargo is properly stowed Cargo to be awiiv, and the decks cleared of any loose straw or ha\-, or other inflaninuiljle P™perly stowed •' '' " ' betore Bailing, material used lor packing or otlier purposes. 8. The passengers should be called on to deliver up whatever luciler Pa.ssengci-8 to matches, gunpowder, or other infiaoimable articles they may have about them, fH^'^ "P inHiun- and should be warned, not only of the danger to the ship and passengers, but ™''' ® ' ^^ '^^• that they will be subject to punishment, under her Majesty's orders in council, for retaining such tilings in tlieir possession. 9. No naked lights should, on aijy account, be used in the liold or store rooms. Naked lights nor in the between decks, except under trustworthy superintendence ; nor «in'l smoking to should any person be allowed to read in bed with a naked light. Smoking be- *^ l'r^"'bited. tweeii decks should also be strictly prohibited. 10. Spirits should never be opened in the hold, but shouhl be hoisted on Spirits not to deck for the purpose. be broached in 11. It is strongly recommended that both fire annihilators and fire engines should be carried. These should be placed under the sijecial charge of one of ,'?, ^ ^^ ^1°'" 11111 Mil -1 hilators and tlie principal othcers and the carpenter, who should be responsil)le that witli en"ines recom- tlie Inickets and otlier fire apparatus, they are kept in a state fit for immediate mended. use. The engine should be worked once or twice a week, to keep it in proper order. 12. As soon as possible after leaving port, the officers and crew should be Ship's company divided into parties, and assigned to stations, in case of fire, in the same *° ^^ divided manner as for the boats ; possibly the same distribution may answer for both assi^'ned^to ^ purposes. stations. III. — On the Occurrence of Fire. 13. Should a tire break out, the first steps, with a view to arrest its Primary points progress as much as possible, must be so to place the ship as to keep the ''"'" "i=*-'*ter to fire to leeward, and to cut ofl' the supply of air by closing the ports, scuttles, ^f^J^ of" fire '^ hatches, &c., and by smothering the fire with wet blankets, sails, &c. 14. The parties into which the ship's company has been divided should, im- Duties of mediately on the ringing of the fire-bell, fall into their respective places. To S^mss. one party should be assigned the working of the fire annihilators and engines ; to another the closing the ports, &c., and the preparation of wet cloths for suffocating the tire ; to a third the preparations lor lowering the boats and l)rovisioning them. Each of these duties will reciuire i)ronipt and clear de- cision, and each should, therefore, be intrusted to an intelligent and responsible person ; and as it might be a great assistance to an officer, when the emergency arises, to have had the opportunity of considering beforeliand the best way of meeting it, it would be desirable that each should from the first be informed of the duty which, in such a case would be assigned to liini. 15. The male passengers should be reiiuired to fall into and assist the Male ikis- several parties as the master i^ight direct. This would not only be a material sengers. aid, but would help to keep their minds engaged, and to promote the discipline on which the safety of all must to a great extent depend. IG. The females, with children, and sick, should remain under tlie im- Females and mediate charge of the surgeon, wlio should endeavour to keep them iroui being children. Ix APPENDICES. Na 26.] Order in Council of hth of Dec, 1865. No one to outer or lower the l>o;its with' out orxlers. Baft. Broa'-liing spirit:; iu momeuta of djinger to be forcibly resisted. a liimlraiu-e to the workinLj pai-ties, and prepare them lor immediately leaving the sliip, should that step ultimately become necessary. They shouhl secure what warm clothing tliey could. 17. No one should be permitted to enter the boats, except those in charge of tlieiii ; nor should any boat be lowered on any pretext whatever, unless by the express oi-ders of the captain, (.'n a strict oljservanee of this rule the safety of tlie people in the last extremity will depend. IS. If the boats should be insufficient to hold all the peo[ile, the master will, of coui-se, take whatever measures may be in his power to construct a raft. A raft may be made of sjiare spars lashed together iu a triangular form, and, to render it more buoyant, the ends should be secured to empty water casks whose heads should be guarded by hammocks or beds. As a i)recautionary prepara- tion against such an emergency, some of the largest water casks as soon as emptied should be grometted round at each end with 8-inch rope, becketted, and tightly bunged, and stowed away in the long boat, and daily wetted, and thus kept ready for use at a moment's m^tice. 19. Any attempt to get at the spirits or wine on board in moments of danger should Ije resisted by all hands at all liazards. By order of the Board, S. WALCOTT, Secretaiy. Colonial Land and Emigration Office, Park Street, Westminster, Septemljer, ISoS. No. 26. At the Court at Wimlsor, the 5th day of December, 1865. Present : The l^ueen's Most Excellent Majesty in Council. Whereas by "The Passengers Act, 1855," it is amongst other things enacted, that before any passenger sliip shall be cleared out, the emigration officer at the port of clearance shall satisfy himself that there is on l)oard a sufficient (quantity of pure water, carried in tanks or casks, to secure through- out the intended voyage the issue of three quarts daily to each statute adult, for the use of the passengers, exclusive of the quantity required for cooking : And whereas it is also enacted, that it shall be lawful for Her Majesty, by any Order in Council, to jjrescribe such rules and regulations as to Her Maje.sty may seem fit, for penuitting the use on board passenger ships of an a])paratus for distilling water, and for defining in such case the quantity of fresh water to be carried in tanks or casks for the passengers, and such Order in Council from time to time to alter, amend, and revoke, as occasion may require : And whereas Her Majesty, by an Order in Council dated the ninth day of .Januarj', one thousand eight hundred and sixty three, prescribed certain rules for ])ermittiiig the use on board passenger ships propelled by steam engines of APPENDICES. Ij^ No, 26.] Order in Council of bth of Dec, 18C5. less tlian :i ccrtuin ]»o\ver, and on b(jai(l passenger .shiji.s propelled by sails, of a certain aj)paratiis for disiilliiig fiesli water from salt water : And whereas it is expedient to repeal the said Order in Council, and to issue in lieu thereof the Order hereinafter contained : Now, therefore, Her Majesty doth by and with the advice (jf Her Privy Council, and in ])ursuance and in e.vercise of the authority vested in Her by the said " Passengers Act, Ihof)," hereby repeal the said Order in Council of the ninth day of January, one thousand eiglit hundred anil sixty-three, except in so far as the same repeals a certain Order in Council of the thirteenth day of May, one thousand eiglit hundred and fifty-nine ; and dotli hereby order as follows : — Any passenger sliip propdlcil by sails only, or by steam engines of less I)ower than is sullicient, without the aid of sails, to propel the ship at the rate of five statute miles an hour, may be cleared out and jiroceed on her vova<'e, having on board, in tanks or casks, only half of the (piantity of pure water re([uired by the said Act to be carried for the use of the passengers, provided the following conditions be observed ; that is to say : 1. That there be on board such ship an elticient apparatus for distillin<'- fresh water from salt water, of the description commonly known either as Nomiandy's patent, as Winchester and Graveley's patent, or as Chaplin and Company's patent. 2. That the owners, charterers, or master of such ship, before clearance, lodge with such emigiation otticer a certificate from the engineer or survevor of the Board of Trade, or from some other competent person to be named by such emigration oiticer, declaring that within seven days immediately precedinf the date of such certificate, the apparatus has been examined bv him and is then in good working condition, and stating the number of imperial gallons of pure fresh water which it is capable of producing in every tweutv-four hours ; and further declaring that the ajjparatus on board is either Normandy's ^^'inchester and Graveley's, or Chaplin and Company's patent, a.-; the case may be. 3. That in every case such emigration officer shall be satisfied that the number of gallons of pure water which the ai:)paratus is so certified to be capable of producing is not less than the whole number of persons about to proceed on the intended voyage of such ship ; that is to say, the whole number (if f'al)in passengers, passengers, and crew. 4. That there is rated on the ship's articles, and that there is on board the ship, some person or persons who, to the satisfaction of the said emi^ation officer, shall be competent for the proper management and lepair of such distilling apparatus. And toiireveiit all doubts on the construction of this Order in Council it is hereby further ordered, that the terms '"ixissenger shij)," "emigration officer" " statute adult," and " master,'' shall herein have the same significations as are assigned to them respectively in the said " Passengers Act, 1S55 " (ry pilot shall from time to time conform him- .«;elf strictly to all directions which sliall be given to hhn by any of the harbour masters authorii^ed by Act of Parliament under the corporation of the city of London, touching the mooring, unmooring, placing, or removing of any ship or vessel under his charge, as long as such ship or vessel shall be lying and situate within the Limits of the authority of such harbour master. XVI. It is ordained, that each and every pilot belonging to a licensed pilot vessel shall be at liberty to entertain one apprentice and no more. XVII. It is ordained, that for any work done on the river Thames or ^Medway, by men in boats, being less than the work for the whole tide, the pay shall be for half a tide's work, 4s. to each man, and so on in proportion for any time less than a whole tide, the pay for which is settled by the said Act of the sixth year of the reign of His present IMajesty at 8s. XVIII. It is ordained, that in all cases where pecuniary penalties and forfeitures are annexed to the breach of the foregoing bye laws, rules, orders, regulations, and ordinances, the said Corporation of Trinity House may mitigate and reenalty or not, and in addition to such penalty, if any) be liable to have his licence annulled and forfeited, or suspended, at the discretion of the said corporation. N.B. Besides conforming themselves diligently to the above bye laws, rules, orders, regulations, and ordinances, the pilots licensed by the Corporation of Trinity House, are of course in all things to observe and obey the enact- ments and jirovisions relating to such pilots contained in the said Act of Parliament, made and passed in the sixth year of the reign of His Majesty King George the Fourth, a copy of which Act has been delivered to each of the said pilots. ©By Order of the Coi-poration, J. HERBERT, Secretary. I have perused and examined tlie forerjoing hye latvs, rules, orders, regulations, and ordinances, and do herelry sanction, apjmjvc of, and confirm the same. Witness my haivl and seal the nineteenth day of April, one thousand eight hundred and twenty six. C. ABBOTT. APPENDICES. ixix No. 33.] to TrinUtj House jnlots. EEGULATIONS TO BE OBSERVED BY THE PILOTS IN THE PAYMENT OF THE POUNDAGE ON THEIR RESPECTIVE EARNINGS, ESTABLISHED BY THE 3h5th SECTION OF THE ACT, 17 AND IS VICT., CAP. 104. Each pilot is reiiuired, at the expiration of every month, to doUver to the clerk in the pilot's office at tlie Trinity House, or to the suh-commissioners for his district, as the case may be, a correct account, on one of the forni.s provided him for tliat purpose, of all vessels piloted hy him in the said month, and he is then to pay the amount due for ])oiindage thereon, to be applied to the pur- poses of the pilot's fund as pnjvided by the Act. In order to ensure a correct return of their earnings, the pilots are refpiired to render, at the end of each year, an abstract account, on one of the forms also provided for that purpose, of their total earnings in each month, and to declare solemnly before a magistrate to the truth of the returns they have so made. By Order, ROBIN ALLEN, Secretary. Order for the Additional Marking of Pilot Vessels. Trinity House, Loxdon. " In addition to the manner in which pilot vessels are required to be dis- tinguished by the 34(jth section of the Act, 17 & 18 Vict., c. 104, It is Ordkhed by the Corporation of Trinity House, that all pilot vessels licensed by them, shall have the number of such vessel, and the initial letter of the port to which she belongs, painted black on the mainsaU and trysail thereof : — That the figure or figures of such number and the initial letter of the port shall be six feet in length, and of proportionate breadth : and that the said number shall be placed immediately above the centre of the line from the throat to the leach of the mainsail — and the initial letter immediately beneath the said number. Also, tliat the licence of every pilot vessel sliall be imme- diately withdrawn on board of which, while actually holding a licence as such, any main or trysail shall be found not marked in the manner hereinbefore directed." By Order, ROBIN ALLEN, Secretary. Order respecting the Use of the Lead. Trinity House, Lonbon. It having been represented to this corporation, that the pilots frequently neglect the use of the lead, whicli is of the greatest importance to the Siifety Ixx APPENDICES. No. 33.] Bye-laws and regulations relating of vessels in tlu'ii- charge, especially in tliick weather : — The pilots are hereby cautioneil against any repetition oi" such neglect, as in the event of any acciilent occurring, ami proof being produced that the i)ilot has failed to per- form this most essential branili of his duty, liit; licence will be taken away and dechu-ed null and void. By Order, ROBIN ALLEN, Secretary. Order respecting Vessels Touching the Ground, or in Collision. Trinity House, London. "Wlu'U a vessel touches the grounil, or a collision occurs with any other vessel, the jiilot in charge is immediately to report the occurrence in writing on the form prescribed, addressed to the secretary at this house. By Order, ROBIN ALLEN, Secretary. Orders respecting Loss of Anchors and Cables. Trinity House, London. A\'hen audioiB or cables are lost from any vessel, the pilot in charge is imme- diately to re])ort the occuiTence in writing on the form prescribed, addressed to the Sfcrctiiry, at this house. By Order, ROBIN ALLEN, Secretary. RULES AND REGULATIONS TO BE OBSERVED BY THE RIVER PILOTS, LICENSED BY THE CORPORATION OF TRINITY HOUSE, IN CONDUCTING THE SERVICE AT GPAVESEND, UNDER THE SYSTEM OF ROTATION, ESTABLISHED IN 1816. isy THE MASTER, WARDENS, AND ASSISTANTS OF THE CORPORATION OP TRINITY HOUSE OF DEPIFORD STROND. The corporation having, in April, 1816, appointed a ruler of tlie pilot estab- lishment at Gravesend, Avhose duty it is to su])ervise and regulate the conduct of the liver pilots, — to carry into effect th(; piinciple of rotationary emjjloy- iiient — to hear and deti^rmine such dilferences as may arise between the pilots — to prevent complaints from the masters of vessels on the ground of their luil being regularly supplied with pilots on their anival at Gravesend, and ul*j to i)rcvent the employment of unlicen.'ied persons to the prejudice of the APPENDICES. Ixxi ^"^o. 33.] to Trinity House pilots. pil*)ts ; and the corponilion having; revised and considered the several rules and regulations wliicli liave from tinre to time been made in this respect, ami consolidated the same into one code, as follows, have directed Mr. Samuel Dixon, the present ruler, to take especial care that the said rules and regula- tions are duly observed by all the pilots-uuder his supervision, and to report any transgression, neglect or inattention thereof which he may deem to require the notice and judgment of the Board. And all the river pilots are hereby directed and r^iuired strictly to observe and to pay exact obedience to such rules and regulations, and to represent to the ruler, in writing accompanied by ])roper vouchers of the facts, any infringements ujion their turns and tour of duty under the same, of wliich they may have to complain, in order that if needful the particulars thereof may be transmitted to this house for the board's consideration. Pules and Eegulations. I. All river pilots attending at Gravesend for the pitqiose of taking charge of ships upward, whether by choice or in rotation, shall, on their arrival, give in their names at the ruler's office ; and every pilot shall immediately on his return from taking up a vessel, report the same to the ruler in the form pro- vided for that purpose. II. The twenty pilots first in rotation according to their respective numbers shall not absent themselves without giving notice to the ruler. III. The hours of attendance for the j^ilots on turn, shall be at sun rise and sun set, from the first day of November to the first day of Marcli ; and at six o'clock in the morning and six o'clock in the evening, during the remain- ing eight months. IV. The first ten pilots in turn shall, on the evening preceding their going down in the pilot-vessel, attend at the ruler's oilicc ; and shall jMoceed in the vessel down the river on the following morning ; and the ten pilots next in turn, shall attend on the following morning and board any vessel in their turn which may not have received a pilot from the pilot-vessel, or shall be iu readiness to embark in the pilot- vessel, in the event of a further supply of pilots being required. V. The hour for the pilot-vessel to move down the river, shall be as early as wind, tide, and day light will admit ; particularly in an easterly wind, that the trade may not be delayed f(jr want of pilots in due time. VI. The pilot vessel shall, half an hour before she proceeds down the river, hoist a blue peter, when those pilots first in rotation are to assemble on board ; and when all are on board, the blue peter is to be hauled down, and the pilot Hag hoisted ; if the whole ten are not on board when the pilot-vessel is about to move, the blue peter is to be half mast, when the vacancies shall be filled up by the pilots next in turn. VII. The pilot-vessel's station below shall not be farther do\ra than Holy Haven ; and her station above shall not be higher up than Tilbury Fort. VIII. The station of the ]nlot-vessel when the weather sliall not permit her going down the river, shall be either olf Coal House Point or Cliff Creek as may be best adapted for boarding ships coming up. Ixxii APPENDICES. No- 33.] Bijp-laws and ref/iilalims relafing IX. The ]iilot-vc*sel when roturniiiL;- for move pilot^^, shall Imist the Uue peter, and thus give notice to the pih)ts attending to join her. X. The pilot-vessel shall return in the evening to her station, when there are no more vessels in sight in want of ])ilots ; and shall be there in the morning ready to proceed down the river. XL In the event of the twenty pilots being shipped, a selection of ten, or as many more as may be necessary, shall be made by the ruler in time for vessels that may yet arrive. XIL If by any arlilice, collusion, or manccuvre, a pilot boards a ship to the prejudice of another, the pilotage shall, upon proof thereof, be either Avholly surrendered to the injured -jiarty, or divided, as circumstances may ■warrant. XIII. No pilot, who shall have taken up a vessel upon a choice-letter, shall be entitled to a turn from the pilot-vessel until every other pilot shall have had either a turn or a choice- vessel ; and any pilot who shall not be ready on the aiTival of his turn, or who shall evade or refuse to take charge of the vessel falling to him shall forfeit such turn of employment. XIV. No pilot shall go afloat below the town of Gravesend to take charge of a vessel duiing the day unless he has a choice-letter for such vessel duly authenticated l)y the ruler. XV. The pilots in turn shall be in attendance at the station, and go off to any vessels that may have anchored in the Reach, at or below Gravesend, in the night ; but if any vessel has passed Tilbury Fort without a pilot, any pilot that is in the way may take charge of such vessel to prevent her detention, nor shall he be superseded by any turnman. XVI. Any pilot taking charge of a vessel in his turn, of eight feet draught of water or under, shall be entitled to another vessel on the same turn ; and such .second vessel shall be the tenth which may arrive after he shall have reported himself to the ruler, and his j^osition on the list shall have been arranged by liim. XVII. None but the pilots in rotation, or having choice-letters, shall jire- 8ume to go on board the pilot-vessel when proceeding down, or foUow her in their own, or any other Ijoats. XVIII. No pilot shaU go on board a vessel subject to the quarantine laws, in the night, with a view of remaining therein and keeping the charge of her from the pihit in turn. XIX. Pilots not in tuiii boarding a vessel below the Terrace Pier, Graves- fnluill be JeemeJ satisractory Iiy llie Trinity House previously to examination on the l\illo\ving points, A'iz. : <• ('i) Their qualification by previous service ; (ft) Their previous good conduct and habits of sobriety ; (c) That they are in good health, and not afilicted with any bodily complaint or infirmity, rendering them unfit pToperly to perform the duties of a pilot, which last certificate shall be under tlie hand of a duly authorized medical practitioner. II. Any person being able to prove to the satisfaction of the Trinity House that he has obtained a practical knowledge of seamanship by service at sea, for a jieriod of not less than five years shall, subject to such examination as the . Trinity House shall think tit, be deemed eligible to be specially licensed to act as a pilot for any part of the sea or channels beyond the limits of any pilotage authority, subject to the following terms and conditions : (a) That the special licence to be granted to any such person shaU only authorize him to act as pilot on board ships outside the limits of any pilotage district, and not within the limits of any such district ; {h) That he shall be subject to all rules and regulations made or hereafter to be made by the Trmity House for the government of pilots generally ; ((•) That he shall pay the sum of two guineas on receiving his licence, o,nd one guinea on the annual renewal of his licence ; but he shall not be required to pay poundage, or otherwise to contribute to the Pilot's Fund, as provided by the 385th section of "The Merchant Shipping Act, 1854 ; " nor shall he or his widow or children be entitled to any benefit from the said Pilot's Fund. No. 34. Table V. Fees and Remuneration of Receiveii's. £ s: d. For every examination on oath instituted liy a receiver with respect to any ship or boat which may be or may have been in distress, a fee not exceeding . . . . 1 o But so that in no case shall a larger fee than two pounds be charged fV)r examinations taken in respect of the same ship and the same occurrence, whatever may 1m; the numboj of the deponents For every report required to be sent by the receiver to the secretary of the committee for managing the alfairs of Lloyd's in London, the sum of ]0 I'or wreck taken by the receiver into his custody, a iier- centage of five per cent, upon the value thereof, Butso that in no case shall the whole amount of per- centage 80 payabh; exceed twenty pounds. APPENDICES. Ixxxi No. 34.] Fees and remuneration of receivers. In cases where any services are rentlerecl by a receiver, in respect of any ship or boat in distress, not hew^ wrork, or in respect of tlie cargo or other ai-ticlers belonging thereto, the foUowing fees, instead of a jjcrcentage ; that is to say. If such sliip or boat.with her cargo equals or exceeS4. indentures of boys bound apprentices to sea service by guardians or overseers, how to be witnessed, 584. indentures of apprenticeship to be exempt from stamp duty, 585. to be recorded, 585. assignment or cancellation of indentures to be notified by master, 585. death or desertion of, to bo notified, 58^-. penalty for neglect, 585. apprenticeship of paupers, rules to govern, 585. apprentices and their indentures, &c., to be brought before superintendents of mercantile marine offices, before each voj-age in foreign-going ships, 586, 587. entitled to sue in Admiralty Court for wages, but not for penalty, 587. penalty for supplying apprentice without licence, 589. for employing luilicensed persons, 589. for receiving, when unlawfidly supplied, 590. for receiving remuneration from, for shipping them, 590. no apprentice to be discharged or left abroad, without certificate of some functionary, G(i9, 668. proof of such certificate to be on master, 610. sale of, and charge upon, wages to be invalid, 625. wages of, not to bo dependent on the earning of freight, 626. in case of death, what wages to be paid, 627. wages not to accrue during refusal to work or imprisonment, 627. may sue for wages in a summary manner, 645. restriction on suits in superior courts, 645. whom they may sue, 647. may proceed against owners, master, or ship, 648. are entitled to sue as seamen, 650. what lien they have, 651. within what time suits by, for wages, must be brought, in Court of Ad- miralty, 653. master to take charge, or sell effects, of deceased apprentices, 657. to enter same and wages in official log, 657. recovery of wages of, when lost with their ship, 657. to whom such effects and wages to be paid, 658. penalties for not taking charge of, remitting or accounting. 660. officer of customs and consuls to take charge of effects of, left abroad, 661. to whom to remit them, 661. wages and effects of, dyins at home, to whom to be p.aid, 661. if less than £50, may be paid over without probate or administration, 661. mode of payment under wills made by, 662. provision for payment of just claims by creditors of, 663. mode of dealing with unclaimed wages of deceased, 665. punishment for forgery, &c., to obtiiin wages and property of, 605. on discharge of apprentices abroad, what to be done, 667. forcing apprentice on shore a misdemeanor, 668. wages to be paid, when left behind on ground of inability, 669. how such wages to be treated, 670. distressed apprentices may be relieved and sent home at public expense, 671. masters of British ships compelled to receive and afford passage to distressed apprentices left abroad, 673. how expenses to be defrayed of medical attendance ; of subsistence in case of illness ; of burial in case of death, 686. of illness, 692. power of making complaint. 697. protection of, from imposition, 6li7. to be allowed to go ashore to make comjjlaint to a justice, 697. Ixxxvi INDEX. AFPREXTICES -«»(//»(«-(^. Bale of. ;iikI charge on, wages to be invaliJ, 697. penalty for over-charges, bj- lodging-house keepers, 698. penalty for detaining their effects, 698. not entitled to wages, while he neglects to work when required ; or while imprisoned, 71 -. master may apprehend deserter without warrant, 717. deserters may be sent on board in lieu of being imprisoned, 718. what proportion of salvage they are entitled to, 1074. (See Salvaffc.) AUDITRATION in aalvage (iispqtea, 1097, 1093, 1099. ARREST, how ship or cargo may be discharged from, in salvage suit, 1093, 1091. AVKRAGE, what the meaning of word is in bill of lading, 53. by whom borne, 53. to whom due, 52. EALLAST, miister's duties as to, 268. may take goods as, 277. BARRATRY, what it is, 210, 211. by whom it may be committed, 210, 211, in one of the perils insured against, 211, 212, what acts bariatrous, witho>it proof of intent, 212. what require proof of intent to make them barratrous, 212, 213. act not barratrous when owner consenting party, 2l;3. acts which have been held to be barratrous, 214, 215, 216. not loss occasioned by incompetence, iguorauce, &c,, of niaster, 217. or by violence of crew. 216. what is barratry in the mariners, 217. when master is sole owner, he cannot commit, 2^7. but otherwise, if he is part owner, 217. or, if ship is chartered, 217. or if he is sujiercargo, or consignee, 217. when mariners may commit barratry when master sole or part owner, 218. Htatutable provisions for the discouragement of barratry, 218-227. commanders of .ships, &c., turning pirate, 218. or attemjiting to corrupt other commanders, 218. power to Admiralty Court to levy fur benefit of officers, seamen, and their families, when officers, &c., wounded in defence of ship, 219. rewarrls to informer of conspiracy to destroy or run away with ship, 220. I»enalty on officers, seamen, &c., deserting, 220. penalty on master for delivering up ship to pirates, &o., without fighting, 221. or for tiking command afterwards, 221. or for leaving Khi[) on discovei-y of pirate, &c., 222. or for not fighting when ship under 200 tons and aixtean guns, 222. such masters or ships may be seized, 222. proviso, where muster forced by his men to yield, 222. provision for officers or seamen wounded in defence of ship, 223. and for widows and children of mariners, &c., slain, 223. jjunishment of piracy, when murder is attempted, 224, INDEX. Ixxxvii BARRATRY— Crtw/jHucrf. setting fire t<), or casting away, a sliip with intent to murder, 22i. getting fire to a ship, 225. setting tire tu shifs to prejudice the underwriters, 225. attem[)ting to set fire to a veKsel, 2-5. placing gunpowder near a vessel with intent to damage it, 226. damaging hhips otherwise than by tire, 226. exhibiting false signals, 'Z2G. BILL OF p]XCHANGE may be gi»en with bottomry bond, as collateral security, .'».jS, 544. no objection to bond, if given witli bills as collateial security, when bond originally stipuhiied for, 538, 544. BILL OF HEALTH, what it is, 133. master must keep, 133. when required, 133. BILLS OF LADING, what bill of lading is, 362. by whom signed, 1362. its form and contents, 362. its stamp, 363. copies, and what done with them, 36-'^. one copy should l>e kept by master, 127. when master may sign and deliver, 3t)5, 3b6. mate's receipt, 365. when such receipt given, bill not to be given, except in exchange for receipt, 365. consequence of doing otherwise, 365. lawful holder of receipt entitled to bill, 366. for what master may sign bill, 366. effect of, as evidence, 367. of memorandum, " weight, contents, and value unknown," 369, 370. when conclusive evidence against master of shiiimeiit, 371. should not be signed, till goods actually deliverctl, 370. when and how they may be transferretl, 373. etiect of transfer ujwn property in the goods, 375. controlled by intention of parties, 276. eflect of transfer while goods are at sea, 377. how long bill continues in force, 377, 404. effect of transfer, when tranferer not authorized holder, 378. effect of transfer, when transferee has notice of consignor's e7. power to transfer pilotage jurisdiction, 740. to make consequent arrangements, 740. to constitute new pilotage authorities, 7ll. to exempt from compulsory pilotage in any district, 741. xc INDEX. BOARD OF TnkX)¥.—cont!itucd. to enable exist iug pilotage authorities to grant licences and fix rates, 741. to nuse rates, 741. to facilitate recoverj- of rates in certain cases, 742. to faciliUite grants of licences, 742. regulations with respect to manner of making and confirming provisional orders herein, 742. power to grant pilotage certificates to masters or mates, 746. to withdraw such certificates, 748. to issue reguliitions for passenger steamers, for adjustment of com- passes, 833. for signals of distress, 833. for shelter for deck passengei's, 833. to appoint surveyors of passenger steamers, 835. to fix tlieir renuuicration, 835. powers of such surveyors, 835. to regulate mode of making surveys, 835. to direct times when, and manner in which, fees for making same, are to be paid, 834, u. (b). to judge whether shipwright surveyor is ([ualifiod to survey, 83fi. transmission of declarations of shipwright and engineer siu-veyors to, 837. certificates to be issued by, upon receipt of declaration, 838. issue and transmission of certificates, 838, to whom, ."^oS. notice of, 839. delivery of, 839. proof of issue and transmission of, 839. fees to be paid for, ^^39. how long they continue in force, 839. when Board may cancel, 840. and require fresh ones, 840. powers and duties of Emigration Commissioners under Tassenger Acts trans- ferred to, 846, n. (m). power to declare length of voyages, of passenger ships, 861. to fix such lengths, 861. to authorize alternative dietary scale for passenger ships, 866. to alter dietary scale, 866. duty of, to firepare abstract of Passenger Acts, 879. and of Orders in Council, 879. and to supply master with copies, 879. powers of, with respect to contract tickets for passengers, 882, accidents to steam ships to l)e reported to, 8ii9. notice to be given to, of apprehended loss of steam ship, 900. bow to obtain iinnulling or modification of liules and Kegulations for Pre- venting Collisions, 932. duty of Board to print them, 933. to furnish copies to owners or masters, 933. proof of, 933. evidence of making, purport, alterations, and additions of, 933. power of, to inspect ships, to enforce observance of Keguliilions to avoid Col- lisions, 935. t<> ajifioint surveyors for purpose, 935. to direct them as to notices, 935. to direct payment for salvage of life and property, 1005. to fix scale of payment of coastguard for salvage services, 1037. to direct what fees may be received by lleceiver of Wreck in salvage valuations, 1069. to appoint person to make inquiries concerning wrecks and casualties, 1104. powers of such persons, 1104. to order investigation in such cases before justices, 1104. rep be received by salvors of iinclaime, 270. who liable for bad stowage when stevedore appointed, 273, 274, 275. master's duty to, after it is on board, 275. dangerous goods, shipper's duty, if he ships such goods, 277. consequence of his not giving notice, 278. restrictions on carriage of, 278. penalty for misdescription of, 279. when master may refuse to carry parcel, &c., which he suspects to contain, 279, 901. or open it, 279, 901. ^ when he may throw overboard dangerous goods, 279. forfeiture of, 279. provisions to prevent their being taken on board witliout notice, 900. penalty on person not giving such notice to master or owner, 900, 901. in what sized ship warehoused goods to be shipped, 280. on what days and at what jjlaces goods to be .shipped, 280. searcher may open packages and examine, 280. when master may sell cargo, Ml, 'iS'i, 283, 284. when purchaser actjuires title even though sale unjustifiable, 285, 286. when master shoultl tranship, 287. as agent of shipowner, 2 S 7-289. as agent for owners of cargo, 290-292. master's lien on the cargo, what is it, 318. when it exists, 319. when consignor may insist on goods being rclandcd and returned, 340, 341, 342. when master may warehouse goods, 343. master's duties with reference to delivery of, 340 300. what he must do, if authorities will not allow him to land goods, 343. to whom he must deliver, when he has signed bills of lading, 344, 345. mutual duties of master and consignee as to delivery, 348. freighter and consignee not entitled to notice of ship's arrival, 348, 349. what master must do if consignee not ready, 349. at what place he must discharge, 350. mode of delivering. 350, 351. his duty to make complete delivery, 352. when ship meets with disaster, 353. what he may do, when owner of goods fails to make entry or land, 354- 360. when master may sell such goods, 358. what notices to be given, 358. monies arising from sale how to be applied, 359. ina.=iter'B duties as to delivery, when he has received notice of 8topi)age in Irnnnitu, 466-469. under what circumstances master may hypothecate the cargo, 559-507. (See llijjxdhccalvin. ) master cannot place cargo for sale in hands of lender, 502. remedy of owners of cargo against shipowners, 567. maritime lien for damage by collision does not attach to, 918. but cargo may be arrested in such cases for freight, 918. 80 may remaining portion of such cargo, 918. time and place of landing goods inwards, 1102. goods unshipped contrary to regulations forfeited, 1162. roaster of ships bringing merchandise from beyond seas, to report, 1103. within what time, 116.'^. form and contents of report, 1103. of conuiiis-iioned ships having goods to deliver, to account, 1104. when, 1104. INDEX. xciii CARGO — continued. to whom, 1164. contents of, 1164. to answer queation.s of customs officer, 1 1 65. penalty on master of shii) arriving from beyond seas, 1165. not answering question of cu.stoms officer relating to cargo, &c., 11C.5. not producing bill of la;sougei- steamer, S3S. Kmrd of Trade to issue, 838. issue and trausinission of, 838. fees to be paid for, >>S9. how long to continue in force, 839. when Board of Trade may cancel, 840. and require fresh ones, 840. to be placed in conspicuous jvirt of ship, 840. ship not to proceed on voyage without, 840. penalty for default, 841. forgery of, a misdemeanor, 841. CHAUTERER, what parts of ship he may fill, 277. CHARTER-PARTY must be kept by master, 127. CLEARANCE, duty of master to obtain the necessary clearances, 103. national character of ship to be declared before clearance, 103. master of foreign-giving ship on signing agreement with crew, to produce to superintendent of mercantile marine office, certificates, 103. superintendent to give master a certificate, 1 04. in ca.«e of running agreement for such ships, superintendent to give certificate before second and subsequent voyage, 104. master of such ship to produce certificate to collector or comptroller, 104. such ship not to be cleared without such production, 104. jjenalty for not delivering agreement, 104. maftter of home-trade shij) to deliver agreement to superintendent, 105. of home-trade iMssengcr shiij to produce certificates to superintendent, 105. superintendent to give certificate, lO.'i. no cu.stoms officer to grant clearance without production of such cer- tificate, 105. power to such officer to detain her, 105. jjenalty on muster of hoiiw-trade ship not delivering or transmitting agreement, 105. where light dues payable, customs officer not to grant clearance, until receipt produced, 105. master of ship in wliich goods are to be exported, to deliver clearance of last voyage, 106. and to make entry outwards, 106. if ship has commenced lading at other port, master to deliver clear- ance thence, 106. penalty for default, 107. goods not to be shipped until entry and clearance, 107. goods shipped, put off, or waterborne to be shipped without being cleared, forfeited, Id?. penalty on master for departing without clearance, 107. foreign ships in coasting trade to be subject to same rules as British ship, 107. provisions as to clearance of goods for exportation, 1 08. Hhipping bill signed by searcher to be the clearance for the goods, 113. what master must do before clearance outwards of ship having inward cargo, 115. before any ship is cleared outwards, with goods shipped or intended to be shipped, master to deliver "content," 115. to whom, 1 16. form of content, 116, I INDEX. xcY CLEARANCK— fon//ji«fy collision, 917. to what it attaches, ship, 917. freight, 917, 918. subsequent accretions, 917, 918. not to cargo, 918. but cargo may Vjc arrested for freight, 918. INDEX. xcvii COLLISIONS— cwi/;;/i«e(Z. when it attaches, 918. when it travels with property, 918. when good against bond Jidc purchaser, 919. of what it takes precedence, 919. against whom it is good, 919. how it may be lo.st, 919. how far it extends, 915. the principles upon which Admiralty Court regulates right to compensation, 921. tlie rules, 921, 922, 923, 924. the principles on which court a-ssesses amount of compensation, 925. what consequential damage may be recovered, 92(i. burden of proof, 927. costs of raising and repairing, 927. when solil at foreign port, 927. salvage, 927. interest, 927. demurrage, 927. sailing Rules and Regulations prior to 1854, 930. the statutable provisions and regulations, 933. the statutable provisions, 933. power to Her Majesty by Order in Council, to annul or modify Regula- tions, 9y2. to make new ones, 932. proof of, 933. evidence of making, purport, alterations of, and additions to, 933. duty of master.s and owners to obey Regulations, 933. consequences of default, 933. breaches of, imply wilful defaidt, 934. liability for infringement of, 934. ship infringing to be deemed prima, facie to be in fault, 934. inspection for enforcing observance of Regulations, 935. rules for harbours under local Acts continued in force, 937. when regulations adopted by foreign country may be appUed to its ships on the high seas, 937. effect of Order in Council applying regulations to ships of foreign country, 937. power to judge of Court of Record, or Admiralty to arrest foreign ship that has occasioned damage, 938. powers to Her Majesty's officers, officers of Customs, and consular officers to detain such ship, 939. to the ships of what countries regulations apply, 940. the regulations for preventing collisions, 941. Art. 1. PreUminary, 941. cases decided on Art., 961. Art. 2. Rules concerning lights, 942. cases decided on Art,, 962. Art. 3. Lights for steam ships, 942. at foremast head, 942. on starboard side, 943. on port .side, 943. as to screens, 943. cases decided on Art., 963, 964, 965. Art. 4. Lights for steam tugs, 943. cases decided on Art., 965. Alt. 5. Lights for sailing ships, 913. cases decided on Art., 966. Art. 6. Exceptional lights for small sailing vessels, 944. cases decided on Art., 966. Art. 7. Lights for ships at anchor, 944. cases decided on Art., 966, 9C7. Art. 8. Lights for pilot vessels, 944. cases decided on Art., 967. Art. 9. Lights for tish;ng ve-s-sels and boats, 945. cases decided on Art., 967. g xeviii INPEX. COLLISIONS— ro»ir/»i ued. Art. 10. Rules concerning fog signals, 945. cases decided on Art , 96S. Art. 11. Two sailing ships meeting, !14.t. cases decided on Art., 909. 970. Art. 12. Two sailing ships crossing, 946. cases decided on Art., 970, 971. Art. 13. Two ships under steam meeting, 946. cases decided on Art., 972, 973, 974, 976. Art. 14. Two ships mider steam crossing, 946. cases decided on Art., 97.5, 97o. Art. 15. Sailing ship and ship under steam, 946. cases decided on Art., 977, 978, 979, 9S0. Art. 16. Ships under steam to slacken speed, 947. cases decided on Art., 981, 982, 983. Art. 17. Vcsssels ovei-taking other vessels, 947. cases decided on Art., 983, 984. Art. IS. Construction of Arts. 12, 14, 15, and 17, 917. cases decided ou Arts., 984. Art. 19. Proviso to save special cases. 947. cases decided on Art., 985, 986, 987. Art. 20. No ship, under any circumstances, to neglect proper precautions, 947. cases decided on Art., 987, 988, 989, 990. Order in Council explaining Arts. 11 and 13, 948-951. Jlr. Gray's aids to memory, 951. Diagrams explaining regulations, 952, Duties of master in case of collision, 991. to his own ship, 991. as to reporting accidents to steam ships, 993. to the injured ship, 994. COLONIAL CERTIFICATES of masters, mates and engineers, when valid, 49, 50. COLOURS, what colours ship must carry, 137. penalty for carrying any improper colours, 137. COMMON CARRIERS, master and shipowners are primd facie, 257. their right to limit this liability, 257, 1154, 1155. COMPASSES of steam passenger ships, when to be adjusted, 833. COMPULSORY PILOTAGE, in wliat cases the emjiloyment of pilots is compulsory, 761. in what cases ships are exempted from, 706. what will excuse a ma.ster not employing a pilot, 774. power of pilotage authorities to exempt from, 739. extension of exemi>tion, 743. CONSIGNEES not entitled to notice of ship's arrival, 319. power to retain amount of pilotage dues paid by them, 800. INDEX. xrix CONSIGNOR, when he may insist on poods being relanded and returned, 340, 341, 342. remains liable for freight, after indorsement of bill of lading, 4 03. his rights under the bill of lading, 405, 406. what consignor may exfrcise right of stoppage i/» trangitu, 421. (See Stoppogr ill travxitu.) " CONSULAR OFFICER," meaning of the term in the Merchant Shipping Act, 1854, 570. to make such returns, &c., as Board of Trade requires, 3. powers of, when he suspects that laws relating to shipping, seamen, and naviga- tion not complied with, 4. to inquire into offences on high seas, 61. to place offender under restraint, 82. in what form, 882. penalty for noncompliance, 882. and for inducing anyone to part with, 882. summary remedy for breach of contract, 883. penalty on passengers refusing or omitting to produce, to emigration officer 883. on owner or ma.ster refu.sing or omitting to produce coimterpart., 888 g 2 TXDEX. CONVOY. when master must sail with, 156. warnuity to sail with, 156. what is a compliance with this warranty, 157, 158, 159. consequence of not complying with warranty, 156. COUNTY COURT JUDGE. jurisdiction in salvage cases, 109S. COURT OF ADMIRALTY, power to remove master, 54. oSences committetl by master, seaman, or apprentices at foreign port within jurisdiction of, tjO. power to arrest foreign ship that has occasioned damage, 70, 93S. to levy on ship owners for benefit of mister killed, &c., in defending ship, •219. for benefit of widow and children, 219. duties of, as to repayment to owner of advances when seaman volunteers into navy, 6S0. as to repayment of extra expenses, if new men engaged by owner, 680. application, how to be decided on, 680. amount of repayment, how to be ascertained, 680 what remedies owners of injured ship have in, 915. by action in rem, 917. by action in ijersoimm, 919. the principles, upon which the court regulates the right to compensation, 921. jurisdiction of in claims for salvage by officers of Her Majesty's ships, 1031-1036. in salvage cases, 1102. over claims by master for wages, 1130. for disbursements, 1130. COURT OF RECORD, power to arrest foreign ship, 70, 916, 938. COURT OF SESSION, power of to arrest foreign ship that has occasioned damage, 70, 916. CREW. (See Seamen.) the account of should be kept by master, 127. agreement with, to be deposited with consul at foreign port, 135. interpretation of terms in Merchant Shipping Act, 1854, 5G9-573. ordinary meaning of word, 588. CUSTOMS, master's liabilities under Customs' Acts, 1159. disputes in London, 1159. power to Commissioners to remit or mitigate penalties, 1159. appeal, 1160. disjiutes at outports, 1160. regulations to prevent smuggling, 1168. power to Commissioners to make regulations for small craft, 1168. to grant sperial licences to, 1109. to revoke, alter, &c., 1169. vesHeis used contrary to, forfeited, 1168. forfeiture of vessels used in removal of uncustomed or prohibited goods, 1169. INDEX. ci CUSTOMS— co«^/»Meped from coasting vessels 120. account previous to departure of coasting ship, to be delivered to, 121. cii 1NJ>EX. CUSTOMS OFFR'tKS-.L. <(,„,;('. to be clearauce of goods, 121. peualty lor false account, I'Jl. form of, I'Jl. wlieu to be delivered after arrival at port of discharge, 122. Low inland revenne goods and goods from Isle of Man to be unladen, 122. penalty for illegal unlading, 122. may go on board and examine any coasting ship, 122. chief otfici-r maj' inspect ships documents and muster crews, 126. documents to be deposited with at colonial port, 135, 235. his duty respecting, 136. when seamen engaged in colonies to be shipped before, 595. to take charge of effects left by seamen abroad, 660. to remit same and their wages to Board of Trade, 661. uot to clear ships not complying with provisions as to boats and life buoys, S32. what list of passengers to be delivered to, before clearance, 850. exhibition of "the master's list" to, 851. his duties relating thereto, 851. penalty on master for default, 851. delivery to of master's list and separate list of passengers embarked after clear- ance, 851. his duty as to countersigning and returning, 851. penalty on master for neglect, 852. duty of as to bond to be given by master of passenger ship before clearauce, 860. power to institute inquiries in cases of wreck, &c., 1108. when he may exercise powers of receiver of wreck, 1108. power to Commissioners to remit or mitigate penalties, 1159. appeal in such cases, 1160. how certain disputes with customs ofKcers in London to be determined, 1159. power to board ships arriving, 1161. to i-emaiu on board, 1161. to have free access to all parts, 1161. to seal or secure goods and open locks, 1161. penalty if goods concealed, 1161. if seal, &c., broken, 1161. if goods, secretly conveyed away, 1161. if eeals, &c., placed on stores broken, 1162. if stores secretly removed, 1162. power to .search commissioned .ships having goods on board, 1165. penalty on master, &c., of such ship for not rendering proper account, duty of master of ship arriving from beyond seas to deliver bills of lading to collector, 1165. and to answer questions, 1165. penalty for default, 1165, 1166. when i»ackages for exportation, may be opened and examined by, 1166. what bill of entry of goods free of duty to be delivered to, 1166. his duties thereon, 1166. duty of master of ship arriving in British possession or Channel islands, to come to custom house, ll'iT. to make report to customs oificer, 1167. duty of master of ship bound from Briti.sh possessions abroad to deliver entry outwards to, 1167. and a content, 1167. and to answer questions, 1167. duty of officer thereupon as to clearance, 1167. duty of person entering goods to deliver bill of entry, 1168. jovser to CommissioiieiB to make regulations for small craft, 1168. to grant special licences, 1169. to revoke, &c., same, 1 1 69. to extend to Channel islands, 1169. notice to be given by seizing officer to master or shipowner, 1176. within what time seizurtis may be claimed; 1176. power to officers to search ptrious, 1177. IXDKX. CUSTOM S OFFICERS— cmdnucd. if reaHdn to think .smuggled goods concealed on ilieiii, 1177. penalty on perwon olj.itnicting odicer, 1177. per.son.s before .scaich ni;>y reipiiio to Vjo taken before justice, 1178. or before oflicer of cn.storns, 1 \7X. power to justice or oflicer to discliargc, 1173. or to direct search, 1178. as to females, 1178. DAMA(JES, measure of when goods injured owing to unseaworthim-ss of ship, 353. by perils of seas 353. when master sells or hypothecates, 35o. DANGEROUS GOODS, shipper's duty, if he siiips, '277. consequence of his not giving notice, 278. restrictions on carriage of, 27S. penalty for misdescription, 278. master maj^ refuse to carry, 279. or throw them overboard, 279. forfeiture of, 279. provisions to prevent their being taken on board without due notice, 900. power to master to refuse to take on board parcel he suspects, 901. DANGERS AND ACCIDENTS OF SEAS, RIVERS, AND NAVIGATION, meaning of, in bill of lading, 411, 412, DECLARATIONS of shipwright surveyors, 836, 837. of engineer surveyors, 836, 8o7. transmission of, to Board of Trade, 837. forgery of, a misdemeanor, 841. DELAY in sailing, eflect of on policy, 141. when it releases charterer from bis engagements, 148, 149, 150, 151. the master's duty .not to delay, li*l. consequences of delay to shipowners, 191, 192. when delay is equivalent to deviation, and discharges undorwritei-s, 193, 194, 195, 196, 197. what circumstances justify or excuse a delay, 198-209. DELIVERY OF CARGO. (See t'anjo.) master's duties with reference to delivery, 340-360. when consignor may insist on goods being relanded, 340-342. to whom, and on what terms, 342, 344, 345. when he may warehouse, 343. what he may do, if authorities prevent his landing, 343. to whom he must deliver, if he has signed bill of lading, 344, 345. on what terms assignee of bill is entitled to delivery, 346, 347. to whom master must deliver when notice to stop given, 346, 466-469. mutual duties of master and consignee, 348. notice of arrival, 348. ■what master must do if consignee not ready, 349. ciy INDEX. DELIVERY OF CARGO— continued. at what part of port he must deliver, 349. luode of delivering, 350, 351. complete delivery. 352. power to enter and land goods, in default of their owner, 355. how lien for freight may be preserved, 3 J7. how it may be discharged, ^'>7. master's duty as to delivery, when notice to stop given, 466, 467, 46F. DEMURRAGE, what it is, 151, 152, 154. lay days, or running days, 152, 153. when they commence, 152, 153. meaning of undertaking to load or unload in customary time, 153. or in customary manner, 154. when it ceases, 154. for what detentions it is not payable, 154. for what detentions, freighter is not excused, 155. when consignee liable for demurrage, 155. DERELICT, what constitutes a, 1051. what amount of salvage awarded to salvors of, 1061. DESERTION, what it is, 705. , . . what acts amount to such a desertion as to mcur a forfeiture of wages, 705-710. ^ ^ ^ what justifies seamen leaving the ship or refusmg to serve, 707, ^08. when master may waive a forfeiture, 710. statutable punishment for, 713. •when and how seamen can defend themselves against charge of, by alleging that ship was unseaworthy, 715, 716. steps to be taken thereon, 715, 716. master or owner may ai)prehend deserters without warrant, 717. deserters may be sent on board in lieu of being imprisoned, 718. entries and certificates of desertion abroad, to be copied, 719. to be sent home, 719. to be admitted in evidence, 719. facilities for proving desertion, so far as forfeiture of wages, 719. DEPOSITIONS, when receivable in evidence, 62. how to be authenticated, 63. DEVIATION, what it is, 161. consequences of deviating, 162. effect on the policy, 163, 164. it must be voluntary, 164, 165, 166. mere intention t(j deviate has no effect, 166. when crnising, chasing, or attacking, is a deviation, 188, 189, 190. when delay is equivalent to deviation, and discharges underwriter, 193, 194, 195, 19<;, 197. what circums'ances excuse or justify deviation or delay, 198. usage, 198. perils insured against, 199. moral or physical force, 200. making a port to refit, 201 . INDEX. cv DE V I AT10t!i— continued. making a port In onlor ta recruit a disabled crew, or to procure fre.sh hands or provisidns, 202. stress of weatlier, 'M'.i. endeavour ti> avoid capture or imminent peril, 201. endeavour to join convoy, 208. succouring ships in distress, 200. DIAGR.\MS explaining Regulations, 952. DIETARY SCALES for passenger ships, 8G3, 864, 865, 8G6. DISCHARGE of seamen, 609-617. (See Seamen.) what amounts to, 611. when master may discharge, 702. DISTRESS, what sums ordered to be paid, leviable by, 63. for light dues, 138. DOCUMENTS, when master must deliver ship-documents to his successor, 59. what documents the master must procure and keep, 125, 127. all necessary for protection of ship and cargo, 125. no false or colourable papers, 125. what officers and persons may inspect documents, 12G. what documents to be deposited with consul at foreign port, 135. on change of masters, what documents to be delivered to his successor, 733. proved without calling attesting witness, 729, DOUBLE PAY, when seaman entitled to, 628. when master entitled to, 623, 1132. DUNNAGE, what it is, 268. master's duty to provide, 268. EMIGRANT RUNNER, meaning of, in Passenger Acts, 84i. EMIGRATION COMMISSIONERS, powers and duties of, under Passenger Acts, transferred to Board of Trade, 846, n. (m). (See Emigration Officer.) EMIGRATION OFFICER, powers and duties of Emigration Commissioners under Passenger Acts trans- ferred to Board of Trade, 846, n. (in). cvi INDEX. KMIGRATIUX OFFICER— co)j/t>au'«/. iiiiister of every ship fitting for passengers to give facilities for inspection to, 847. penalty for failing to comply, 847. no passenger ship to clear without certificate from, 847. what certificate to contain, S47. appeal from decision of officer, 848. when poop, round house, or deck-house, to be built and secured to his satis- faction, 848. penalty for non-compliance, 848. his authority in matters relating to number of passengers to be carried, 849. passenger lists to be countersigned by, 850. list of passengers embarked after clearance, to be countersigned by, 851. all passenger ships to be surveyed under direction of, before clearing out, 852. when he may require cargo to be shifted, 853. duties with respect to space allotted for hospital, 8.^5. his duties with respect to passenger ships, as to construction of privies, 856. as to light and air, Sb^. as to ventilation, S5o. as to boats, 857. as to life-boats, 857. as to life-buoys, 857. as to anchors, fire engines, and cables, &c., 857- as to sutticient crew, 858. as to stowage of cargo, stores, and luggage, 850. as to survey of provisions and water before clearance, 861. as to clearance, 861. as to rejecting and marking bad provisions, 862. as to directing them to be landed, 862. as to approving water tanks, or casks, 862. powers and duties of, with respect to such shij^s touching at intermediate ports to fill up water, 863. his duties with reference to approving steward, of passenger ship, 866. and passenger cooks and cooking apparatus, 867. with reference to medicines, medical comforts, instruments, &c., on pas- senger ships, 869. with reference to medical inspection of passengers, &c., 869. with reference to relanding passengers on account of sickness, &c., 870. with respect to subsistence money to passengers relanded, 871. with respect to return of passage money and compensation to passengers, when passages not provided, 872. with respect to subsistence in case of detention, 872. with respect to providing passage and maintenance for passengers, in cases of wreck or damage, 874, n. ((/). power to remove passengers from damaged ship, 875, n. (d). penalty on passengers refusing, 875, n. {d}. to examine and inspect contract tickets, and counterparts, 883. penalty for refusing to produce them, 883. duties of, as to master's list of passengers brought into United Kingdom, 887. ENGINEKRS OF STEAMSHIPS, their certificates, 45, 46, 47. how obtained, 46. on payment of what fees, 46. certificates of service, 47. power of Board of Trade to investigate conduct of certificated engineers, 48. when colonial certificates valid, 4 'J, 50. ENTRY OF GO0D.S, for exportation, 1 05. enti-y outwards, 106. what bond to be given, 108. IXDEX. ENTRY OF GOODH— continued. entry inwards and outwanls, 110, 11(58. entry of goods free of dtitj', 1 166. entry outwards from Britwh possessions abroad, 1167. bill of entry, 11G8. ENTRY OF SHIP OUTWARDS, form of, 106. bond for due shipping and lamlinp to be given, 108. exporter to deliver shipping bill, 108, 109. form of, 109. shipment of goods for exportation before all goods imported discharged, 113. EVIDENCE, how documents issued by Board of Trade may be proved, 1, 2. how grants, cancellations, &c., of certidcates of masters and mates proved, 39. in case of loss, 39. depositions, when receivable in evidence, 62. what documents may be proved without calling attesting witness, 70. burden of proof in collision cases, 90;"'. breaches of regulations to imply default of person in charge, 905. EXPORTATION AND DEPARTURE, definition of, 119. EXPORTER OF GOODS, his duties as to Kpecification for exportation, 112. when general bond may bo given, 112. FACTORS ACTS, efifect of indorsement of bill of lading by factors or consignees, 383. FIRE. setting fire to, or casting away ship, with intent to murder, 224, 225. to prejudice owners or underwriters, 225. attempting to set fire to ship, 225. FLAG, importance of, 134. what flag ship must bear, 134. FLOTSAM, what it is, 1103. FOREIGNERS, . .^ • , r.^n when they may sue for compensation m Court of Admiralty, 917. FOREIGN-GOING SKIPS, • . , . ,o not to proceed to sea without certificates ot master and mates, 6b. certificates for, available for home trade passenger ships. 38.__ meaning of term in Merchant Shii'ping Act, 1854, 7 n. C^^ J71. cvui INDEX. FOREIGN-GOING SHIPS— fo;i^/«H('(/. forms of agi-eement with seamen of colonial ships, 591. agreements of seamen of, when to be made before, and attested by a superin- tendent of mercantile marine office. 592. making short voyages, may have running agreements, 593. changes in crew of, how to be reported, 595. penalty for default, 595. FOUEIGN SHIP, who may arrest, when she has occasioned damage, 70. who may detain her, 71. in coasting trade, subject to same rules as British ships, 107. within British jurisdiction to be subject to regulations for preventing col- hsions, 937. to be treated in such cases, as British ships, 937. FORMS of bill of lading, 362. of agreement with crew, 598. of governor's or consul's certificate of expenditure in the case of passenger ship wrecked, &c., 876, n. of certificate exempting a mail steamer from the provisions of the British Passengers Act 1855, 889. of passengers lisf, 891. of bond to be given by the master, and by the owner or charterer of a pas- senger ship, 892. of cabin p;x,ssenger's contract ticket, 894. of counterpart of same, 894. of passenger's contract ticket, 895. of counterixirt of same, 895. of note of a protest of a ship, xxiv. A pp. of ship protest in consequence of a loss by collision, xxvii. App. of protest by ma-ster for demurrage, xxix. App. of protest by master against consignees of goods for not taking or discharging in a reasonable time, xxx. App. of a bottomry bond, xxxi. App. of a bottomry bill, xxxii. App. of an instrument of hypothecation of ship and cargo, xxxiii. App. of a respondentia bond on a voyage to the East Indies, xxxi v. App. of agreement and account of crew for foreign-going ship, xxxvi. App. of agreement for home-trade ship, xlvi. App. of bond taken from pilots on a licence being granted to them, 1. App. of a salvage bond, Ixii. App. FREIGHT, what it is, 293. when it is payable, 293-302. if payable on performance of a condition, 295. when goods cannot be landed at port of destination, 296. for animals, which die on voyage, 297. when ship is disabled, 297- if carriage prevented by owner of goods, 298. when goods are transhijjped, 298. when delivejy prevented by excepted perils, 298. when master sells, 299. when outward and homeward voyages distinct, 299. when master fails to carry, 300. when goods damaged, 300. when delivery short, 301. when payable at fixed periods, 801, 302. when it is payaVjle in advance, 303, 305, 306. cannot be recovered, 303. but loan may, 303. INDEX. VRKIOHT— continued. how much is payable, 307, 308,' 30a. depends on af^reement. 307. Pro ra/.d freight, what it is, 309. when it is payable, 309, 310, 311, 312. rules of Admiralty Court with respect to, 313. Court exercises er[uitable jurisdiction, 313. master's lien for freight, 318. for dead freight, 324, 325. for what amount he has a lien, 326. when ship is chartered, 327. when dflivery of cargo and payment of freight concurrent acts, 323. for what freight assignee of bill of lading is liable, 324, 32.'>. under what circumstances master may hy])othecate the freight, 556. (See Hijj/othcca/ioH.) maritime lien for damage attaches to, 917, 918. cargo may be arrested for, 918. FREIGFITER not entitled to notice of ship's arrival, 343. GUNPOWDER, placing near a ship, with intent to damage it, 226. GOVERNORS of Colonies, power to forward passengers to their destination in certain cases, 875, n. (d). how such expenses to be recovered, 876, n. (d). to defray expenses of taking passengers off at sea, or of picking them up at sea, 875, 876. how such expenses to be recovered, 876, n. (f^- power to, to declare length of voyage of passenger ship, 885. the scale of diet, 885. and what medicines, medical comforts, instruments, kc, necessary, 885. how declaration to be made, 885. how to be proved, 885. power to authorize survey and examination of passenger shijis, 886. to appoint surgeons thereto, 886. GOVERNOR-GENERAL of India, power to adopt Passenger Acts, 886. to make rules for p;issenger ships respecting food, 886. passengers, 886. surgeons, 886. length of voyages, 886. emigration and customs oflBcers, 886, space for pas.sengers, 886. penalties, 886. provisions of Indian Act to be enforced in all Her Majesty's possessions, 887. HARBOUR, master's duties in, 138, 231, 232. distress for light dues, 138. master's duties to authorities of, 237-250. penalty on, for not obeying directions of harbour master, 243. power of harbour master to remove, &c., vessels, 243, 245. to order ship to be dismantled, 244. to order hawsers, &c.,to be fixed to moorings, 244. penalty for cutting moorings, 245. ei IXDEX. HARBOUR— fon^HHfrf. to permit vessels to be near entrance of clock or harbour, 245. to remove ship for purpose of repairing harbour or dock, 245. vihtit notice harbour master must give in such case, 24 6. duty of harbour master as to setting apart place for light-vessels, 246. power of harbour master as to removal of combustible matter, 246, 247. as to guarding same during night, 247. ofTences in harbour. 247. penalty for committing, 247.248. power to harbour master to enter ship, 248. to sean-h for, and extingtiish fires and lights. 248. rules for lights and signals for ships navigating, 936. and concerning avoidance of collisions, 936. continued in force, 936. power to make such rules where none exist, 936. "HER MAJESTY'S DOMINIONS," meaning of term in Merchant Shipping Act 1854, 569. HER MAJESTY'S SHIPS. (See Officers of Her Majesty's Ships.) HOME-TRADE SHIP, meaning of term in the Merchant Shipping Act 1854, 6, n. (&),571. when master of may enter into time agreements with seamen, 592.^ when agreement with seamen of may be entered into before superintendent of mercantile marine office, or witness, 594. special agreements for, belonging to same owners, 594. HOME-TRADE PASSENGER SHIP not to proceed to sea without certificates of master and mates, 38. certificates for foreign-going ships available for, 38. meaning of term in the Merchant Shipping Act 1854, 6, n. {b), 571. HOSPITALS in passenger ships, 855. provisions as to, 855. HUNDRED, when liaVjle for wreck being plundered by tumultuous assemblage. 111? HYPOTHECATION, the form, contents, and nature of the contract, 508. 1. What it is, .508-510. how it differs from pledge or pawn, 509. how from a mortgage, 509. how from respondentia, 510. 2. Who may hypothecate, 510. master of ship, 510. ostensible or substituted master, 511. consul, 511. mate, 511. agent, 511. 3. To whom bottomry bond may be given, 512. agent, 512. consignees at foreign port, 513. person who had already advanced, 513. 4. The form of the contract, 51 4. INDEX. cxi HYPOTHECATION— «»«//« )^fd. 5. Its contents, 515. ()'. Its construction, 51 S. 7. What rate of interest is reserved, 520. under what circiiinstancea the master may hypothecate the whip, 522. what necessity must exist, 5'23, 524. lirst, such a necessity for supplies, or repairs, that without them the voyage could not be completed, 522. secondly, an impossibility of obtaining these supplies or repairs except by hypothecation, 523. thirdly, an impossibility of communicating with ship owners, 524. necessity must arise while master acting within authority, 524. when shipowner's consent dispenses with proof of such necessity, 525. for what purposes master may give a bonrl, 526. in what ports master may give a bond, 531. what master must do before he can give a bond, 5-33, 534. 535. bond must not pledge ship and bind owners personally, 5li7. when it may be given with bills of exchange, 538. what lender ought to do before he can safely atlvance on a bond, 533, 539. presumption in favour of lender. 539. onus on master or owner to show that bond void, 539. if lender knew there was an agent of shipowner at port, with neces- sary authority, bond void, 540. sale by auction to lowest bidder does not absolve lender from inquiries, 540. where he lias a lien on ship, 540. not necessary to satisfy himself of expediency for owners' interests of proposed repaiis, 541. nor to see to application of money, 541. the legal effect and operation of the contract, 542. not assignable by common law, 542. in what courts assignments available, 542. must be enforced without delay, 542. may be good in part and void in part, 542. void if extorted by duress, 544. not invalidated by collateral security, 544. Court of Chancery grants relief, 545. when the bond becomes payable, 545. on ship's arrival at port, 545. if ship or cargo lost by default of master, 545. or by his fraud or misconduct, 545. when voyage terminated by his voluntary act, 54G. as when he sells ship, 546. or abandons, 546. when ship captured and restored, 546. when lost after deviation, 546. when master fraudulently refuses to proceed, 547. nothing short of annihilation of subject bottomried discharges bor- rower, 547. what remedies a bond holder has, and against whom, 548. proceeding in rem against .ship, freight, and cargo, 543, bond renders master, but not owners, liable to be personally sued, 548, 549. ship liable in whose soever hands, 549. assignee of bond may sue in Admiralty Court, .549. shipowners not liable beyond value of ship to lender of money, 549. but they may be bound to indemnify owners of cargo, 549. ship and freight must be exhausted before having recourse to cargo, 549. bond attaches to last plank saved, 550. over what claims a bond has precedence, 550. claim for necessaries merged in bond, 550. when there are several bonds, 550, 551. subsequently earned wages have precedence, 551. subsequent pilotage and towage dues, 551. subsequent salvage claim, ."60, 1068. cxii INDEX. H Y POTH ECATIOX - conlinual subsequent boa J, 550, 1068. where master has bound hiiuiself personally, 552. how long priority of bondholder exists, 553. within what time bondholder should enforce his rights, 553. cousequences of postponing his claim, 553. what freight can be elauned where bond includes freight, 553. by the law of what country the contract is governed, 554, 555. under what circumstances master may hypothecate the freight, 556. ell'ect of bond when it hypothecates ship only, 556. or ship and freight only, 556. or cargo only, 557. where there are several bonds, out of what funds to be satisfied, 557. freight to be earned on a subsequent voyage cannot be included, 557, 558. under what circumstances master may hypothecate the cargo, 659. when he may hj-pothecate the cargo, 559. as agent of the owners of the cargo, 560. as agent of the shipowners, 561. he cannot give bond on cargo not shipped, 562. or for his own services and personal expenses, 562. when master must communicate with owners of cargo before hypothecating, 563, 564, 565; what information he must give when he communicates, 564. cargo cannot be made liable on bond for necessities of ship, till ship and freight are exhausted, 565. remedy of owners of cargo against shipowners, 567. INDIA (natives in), under what conditions agreements may be made with, to go to Australia, and thence to serve in ships, 605. INEVITABLE ACCIDENT, what it is, 912, 913. burden of proof of, 913. INSPECTORS (of Board of Trade). (See Board of Trade.) appointment of, 5. on what subjects to report, 5. nature and causes of accident or damage, 5. whether statutable provisions anil regulations complied with, 5. whether hull and machinery suflicieut, 5. )>ower8 of, 5. to go on board, 5. to inspect things on board, 5. to enter and inspect premises, 5. to require attendance of persons, 5. how to do this, 5. to require production of books, &c., 5. to administer oaths, 5. expenses of witnesses summoned by, 6. y)enalty for refusing to give evidence, 6. penalty for obstructing inspectors, 6. of medicines, power of Board of Trade to appoint, 686. duties and powers of, 685. •! to Bee tliat ships are properly provided, 685. ,1 INSURANCE, implied warranty of seaworthiness, 78, 80. what it is, 80. > INDEX. INSURANCE -con<»nm/. to what time it refers, 80, 84. consequence of breach of this warranty, 80. in time policies, 81. meaning of this warranty, 81. how meaning varies according to risk, 82. and according to class of ship, 8'6. at dillerent stages of voyage, 84. onus of proof of seaworthiness, 86. seaworthiness as regards, master, 87. mate, 87. crew, 88. pilot, 89. hull, 90. rigging, 90. loading, 90. stores, 90. when to sail according to policy, 140. consequence of ni9. when delay is equivalent to deviation, 193. what circumstances excuse deviatiou or delay, 198-209. of wages, 642. effect of departure to render salvage .service on policy, 1000. INTEUrRETATION OF TERMS relating to crew in Meichant Shipping Act 1854, 569-573. INTERPRETERS, when to be carried in foreign passenger ships, 867. JETSAM, what it is, 1103. JETTISON, what it is, 259. when it may be resorted to, 259. JURISDICTION over ships lying off the coast, 63. cxiv INDEX. JUSTICES, their jurisdiction where ilisputes refeired to, iu cases of ^v^eck, 109(5. in cases of salvage, 1096. KIXGS EXKMIES. (.See IVie A'iuifti Encmios.) LAGAX, what it is, 1103. LASCARS, relief of destitute. G75. contracts with, (i7(j. LAYDAYS, what they are, l/)2. when they conunenee, 152, 153. Sundays calculated in conii)utation of, 155. LEGAL PROCEDURE for infliction of penalties, 65. ,j LEMON JUICE, j' regulations of Board of Trade foi- snx>i>ly of, 694. i 1 LIABILITIES, the master's liabilities, 1148. 1. On contracts entered into for owners, 1148. when exclusive credit given to owner, 1150. in home port, 1151. on bottomry, 1151, 1152. on deeds, 11.01. to seamen, 1151, 1152. for port, light, &c., dues, 1152. on bill of lading, 1152. to passengers, 1152. 2. For wrongs, 1153. general rule, 1153. as common carrier, 1154, 1155. under bill of lading, 1155. for wrong stowage, 1 1 56. for wilt'iil injuries, 1157. for deviation, 1157. for loss during, 1 1 57. for default of pilot, 1158. for damage caused by collision, 1158. when wrong signals given, 1158. 3. Under the Customs Acts, 1159. how certain disputes in London between masters and customs officers to be settled, 1159. power to Commissioners to remit or mitigate penalties, 1159. appeal in such cases, 1160. disputes and inquiries at outports, 1160. IXDKX. cxv LIEN, inastei'.s Vn-n on (-.irgo, olS. what it iri, :<18. when It ijxi.sts, .".LS. 3-J4. when curiipletion of carriage prevented by incapacity of gooils, 320. when shij) is disabled, '622. upon what goods, '322. for expenses, 322. for passage money, 322. for general average, 323. for dead freight, 324, 325. when special contract deprives nia.ster of it, 323. not for demurrage. 324. wharfage, 324. pilotage, 324. unliquidated damages, 324. for what amount of freight it may be enforced, 32(>. what lien the master has when ship is chartered, 327-335. upon what this depends, 329. when possession of ship is in owner or in charterer, 329-332. when shipowner's master signs bills of lading to subfreighter without notice of charter-party, 332, 333. how lien may be lost or extinguished, 335-339. when shipowner's master has entered into contract inconsisteirt with its existence, 335, 336, 338. where master refuses to carry, 337. when be refuses to produce papers, &c., necessary to verify claims, 337. when he enters into contract inconsistent with its existeiice, 335, 336, 338. when wharfinger may enforce it, 339. when it will revive, 339. what conduct forfeits it, 339. if master or shipowner lands goods oti default Cf owner of goods, how lien may be preserved, 357. lien discharged in such case on proof of payment, 357. discharged by deposit with warehouse owner, 357. the maritime lien of the seaman for his wages, 651. to what it extends, 651. over what claims it has precedence, 651. may not be forfeited by agreement, 626. his lien on freight, 652. no lien for wages on cargo as cargo, 653. the maritime lien on ship and freight for damage, 917. the maritime lien of salvors for salvage, 1091. to what it attaches, 1091, 1092. does not need possession for its enforcement, 1092, i09'3. effect of improperly keeping possession, 1092, 1093. what precedence it takes, 1 093. for life salvage, 1093. effect of delay in enforcing, 1093. when master, Ac. may agree for abandonment of lien, 1093. the maritime lien of master for wages and disbursements, 1 13U. how enforceable, 1130. ^See Maritime Lien.) LIFE BOATS, regulations as to, for passenger sbipSj 857. LIFE BUOYS, rules as to, 831. regulations as to for p;issenger ships, S57. LIGHTS. rules concerning, 942. h 2 INDEX. LIGHTS— contitnifiL for steim ships, 942. ste.am tuys, 943. ruling ships, 943. small sailiug vessels, 944. ships at anchor, 9-14. pilot vessels, 944. tishiuu vessels .■\iul boats, 945. LIMK JUICE, master's duties as to, GSS-G91. I.IME JUICE AND ANTI-SCORBUTICS, on what ships and when t.> be provided and kept,_688, 6S9, 690. penalty on .nvner and master for not complying, 091. penalty on seller if of bad quality, 691. power to governors, &c., to make regulations as to supply of, 691. regulations of Board of Trade for supply of, 694. LIMITATION of shipowner's liability, 920. LIMITATION OF TIME in summary proceedings, 69, 647, 729. LLOYD'S AGENT, when he may claim as salvor, 1038, 1039. LOCAL MARINE BOARDS, what returhs or reports they must make to Board of Trade, 4. constitution of, 7. qualification of voters for members of, 8. lists of voters to ije made, 9. revision of list of voters, 10, 11. qualification of members of, 11. errors in elections not to vitiate acts done, 12. minutes and business of, 12. when it fails to discharge its duties, 12. when Board of Trade may alter its arrangements, 12. power to Local Marine lioard to determine number of its quorum, 13. to establish mercantile marine oHices, 14. to provide for examinations of masters and mates, 35. to investigate conduct of certificated engineers, 48. to investigate alleged incompetency or misconduct of masters or mates, 55. LOG-BOOK fchould be kept by master, 127. oHicial log, 127. ordinary log, lvi7. value of log entries, 128. official logs to be kept in forms sanctioned by Board of Trade, 128. INDEX. cxvii LOG-BOOK -rnnUimcd. entries in tlioni to Ijc iiiadi! in due time. 128. wliat- entries arc retiuired to be made, 129, 130, 131. how entries are to be signed, 131. penalties in respect of official logs, 131, 133. entries to be received in evidence, 132. official logs to be sent home in case of transfer, change of employment, or loss tif ship, 133. penalty for defanlt, 1 33. entries of etl'ects and wages of deceased seamen in official log, ChJ. entries of oH'ences of seamen, inquiry, and punishment, 701, 7 Hi. to be reatl over to ofTender, or a copy to be given to him, and his reply, if any, to be entered, 710. collisions to be entered in official log, 900, 903. when and how master must enter them, 991. by whom entry to be signed, 994. penalty for default, 994. LOWER rASzSENOEU DECK, meaning of in Pas.'icugcr Acts, 844. MAGISTRATE, when he may claim salvagiu, 1U48. MANIFEST, when master should begin to fill up, 2li9. MARITIME LIEN of geaman for his wages, 651, 652, (553. (?'ec Lien.) what it is, 651, 1134. to what it extends, 651, 652. over what claims it has precedence, 651. may not be forfeited by agreement, 626. £or damage cause provide, 93, 94, 95, 868, 869. niedicineij and mejical comfortH for {ia3«enger shipg, 868. INDEX. cxix MERCANTILE MARINE OFFICES, when local marine lioaiil to CHtaMisli, 14. bu.sino.ss of sucli i»f1ici;K, 15. what Ices to be paid, 15, 16. penalty on ollicers or .servants of taking other remuneration, 16. punishment for embezzlement in, 18. MERCANTILE MARINE OFFICE SUPERINTENDENT. (See Super intaidenUs of MtrcaiUilc Marine Offices.) MONEY, when master may borrow money on owner's credit, 483. NAVAL COURTS, when they may be summoned, and for what purpo.ses, 19. constitution of, 19. general functions of, 20. mode of action of, 20. powers of, 20. to supersede master, 20. to discharge seamen, 20, 617. to forfeit wages, 20, 617. to decide disputes as to wages, 21, 617. to direct how costs of imprisonment to be paid, 21. to send home ofifenders for trial, 21. to order payment of costs, &c., 21. all orders of to be entered in official log, 21. what report to be made to Board of Trade of it-s procoodiugs, 21. penalty for preventing complaint to, 22. for obstructing investigation by, 22. powers of, to try master and crew for offences, 22. to supersede master and appoint another, 59. to direct survey of ships, 577. NAVY, seamen allowed to leave their ships in order to enter, 678. regulations as to their clothes and wages, 678. penalty if master fails to comply, 679. NEWFOUNDLAND, fishing certificates in lieu of clearance during fishing season, 123. at end of se;ison, certificate to be delivered up, 123. ships trading, to forfeit certificate, 124. NOTING A PROTEST, what it is, 252. OFFENCES , . , M • • • J- .• / 1 f committed on board ship, on the high seaa, within jurifldiction of what court, 64. punishment of, 65. recovery of penalties for, 65. where deemed to have been committed, 67, 726. ^ legal procedure for punishment of, and for recovery of penalties, (24. cxx INDEX. UFFIL'KK OF CUSTOMS. (See Cushnnfi Ojlica:) OFFICERS OF HER MAJESTY'S SHIPS, powei-s of, when they suspect that laws relating to shipping, scanii-n, or navi- gation not complied with, 4. power to detain foreign ship, that has occasioned damage, 71, i)39. to inspect shii^'s documents and muster crews, I'iti. to relieve distressed seamen found abroad, and to send them home at public expense, 671. when complaint made that provisions or water for seamen of bad 4uality, 08'\ liability of. for collisions, 908. when they may claim salvage, 1(»30. no claim "in resnect of loss or risk pf Her Majesty's ships or property, 1030. how claims to be determined, 1 d.'il. steps to he taken when such set vices rendered abroad, 103], 1032. duty of consular officer or judge, 1033. provision for security, when ship ownc(J by foreigners, ^034. documents to be sent to Kngland, 1034. when the bond shall bind, 1034. court in which it is to be adjudicated on, 1034. power of Admiralt\- Coiu't to enforce bonds, 1035. documetits free from duty, 1035. inniishnient for forgery and false representation, 1 035. when voluntary agreement may be made, 1036. its ettect. 1036. how and by whom salvage apportioned among, 1076. when they may exercise powers of receiver of wreck, 1108. OFFICIAL LOG. (See Lag-hook.) OHDEHS IN COUNCIL, I>ower for j.ilotage authorities to make bye-laws and regulations, and to perform cerLain duties by. 735. power to make rules and regulations by, with respect to passenger ships, 878, ts, 832. their safety valves, 832. when their compasses to be adjusted, 832. what ttre hose they are to be provided with, 833. what signals of distress they are to be provided with, 833. what shelter for deck passengers they are to be provided with, 833. penalties for neglect of these provisions, 833. survey of passenger steamers, 834. certificates of survey, S'-i6. how long to remain in force, 839. Hoard of Trade may cancel, 84''. copy of certificate to be placed in con.spicuous part of ship, 840. jiiissenger steamer not to proceed without, 840. )>enaltv for carrying more i«i.ssenger8 than number specified iu certificate, 841.' definitions of terms in the Passenger Act 1855, 842. '■Her Majesty," 84 2. '• United KinV'doiu," 842. cxxii " lNL)i]X. VASSESGEYlS—co»tm7i,'d. " Xoith America," 842. " West Indies," S42. " (Joveruor," 842. "Statute adult," 842. ' '•Passage,'' 842. „ '•Passengers," 843. " ^'rp*^r passenger deck," 844. " Lower passenger deck," 844. '"Ship," ^44. "P;\sseuger ship," 844. " Jlaster," 844. '•Emigrant ruuuer," 844. to what ships and voyages Passenger Acts extend, 845. passenger sliip not to clear without certiticate of eniigratioii officer, 847- nor until bond given to Crcnvn, S47. where passengers may be carried, 848. penalty on master for default, 848. matters to be attended to before passenger ship sails from United Kingdom, 848. number to be carried, 848. penalty on master for breach of regulations, 850. passenger lists to be delivered before clearance, 850. cabin passengers to be included in lists, 850, n. {d). list of passengers embarked after clearance to be delivered by master, 851. penaltj' on persons found on board ships without consent of owners, &c., 852. passenger ships to be surveyed before clearing out, 852. and to be reported seaworthy, 853. when and how survey to be made, 853. jiower of appeal against surveyors, 853. penalty on surveyor, &c., receiving gratuity, &c., 853 n. (/). as to construction of beams and decks of passenger ships, 853. penalty on master for noncompliance, 853. arrangement and size of berths of, 854. penalty on master for noncompliance, 854. single men to be berthed in separate compartments, 854. as to numbers and sexes in one berth, 855. penalty on master for noncompliance, 855. regulations a.s to construction of privies in passenger ships, 856. as to light and ventilation in, 85t). as to carrying boats, 857. life boats, 857. life buoys, anchors, and fire engines, 857. horses, 858. cattle, 858. gunpowder, 858. vitriol, 858. lucifer matches, 858. guano, 858. • green hides, 858. articles likelv to endanger health or lives of passengers, 859. or safety of ship, 859. computation of voyages for passenger ships, SRO. before clearance, provisions and water to be surveyed, 861. what should be their quality, condition, and quantities, 861. dietary scales of provisions for passenger ships, 863, 864, 865. size of messes, 865. provisions to be issued daily, 865. what articles to be cooked, 865. when soft bread may be substituted, 805 n. (/i). Yienalty on master for neglect, 866. pitals to be fitted, 635. penalty for noncompliance, 655. privies in, 8.'. power to Hoard of Trade if they refuse, 74ti. riLOTAGE DISTRICTS, powers (if pilotage authorities to arrange the limits of, 736. PILOTS, meaning of the term in the Merchant Shipping Act 1854, 570, 733. origin of, 732. sections of Merchant Shipping Act relating to pilotage, apply to United King- dom only, 733. pilotage authorities, 734. powers of, 734. general jurisdiction of, 734. power of to make and extend exemptions from compulsory pihjtage, 734, 739. Low to exercise this power, 734. by bye-law with consent of Queen in Coimcil, 734. to determine qualifications of pilots, 734. to make regulations as to pilot boats, 734. to make regulations for the government of pilots, 735. to make regulations as to licences and certificates, 735. to alter and I'educe rates of pilotage, 735. to arrange the limits of pilotage districts, 730. to extend or limit powers, 736. to share or delegate powers, 736. to surrender powers, 736. to establish funds for superannuated pilots, 736. to alter bye-laws, 736. publication of bye-laws, 737. bye-laws to be laid befoie Parliament, 737. power of appeal to Board of Trade, 737. returns by pilotage authorities, 7l!7. to make full returns of certain particulars to Board of Trade, 737. enumeration of the particulars, 738. if local authorities fail to give the required returns, their jurisdiction may be transferred to Trinity House, 739. returns to be laid before Parliament, 739. powers of Board of Trade with respect to pilots and pilotage authorities, 740,741. licensing of masters and mates, 745. when they may receive a pilotage certificate, 745. renewal of the certificate, 746. Board uf Trade to examine and gi-ant certificates to masters or mates, on pilotage authorities refusing to do so, 746. fees to be paid upon certificates or renewals, 747. powers of Board of Trade or pilot;ige authority to withdraw certificates, 748. certificates, how to be granted to masters and mates of certain shii«s oairy- ing passengers, 74S. pilot boats aud pilot licences, 750. pilot boats, how to be provided, 750. characteristics of such boats, 750. how to be distinguished, 750. ixxvi INDEX. PILOTS— fo/ir/H((f./. qualified pilot to display flag though not in pilot boat, 751. penalty on onlinary boats displaying pilot flag, ITA. registry of pilot licences, 751. copies of regulations to be furnished to qualified pilot and to be produced by him, 751. qualified pilot to produce licence to employer, 7.'i2. licences to be delivered up when required and returned on death, 752. what signals must be used and displayed when a pilot is wanted, 753. penalty for using any of such signals foi- anj^ other purpose, 753. when it is the master's duty, irrespective of the statutes, to employ a pilot and the consequences of his not doing so, 75G. compulsory pilotage, 7t)0. in what mtide to be enforced, 762. objections to the system, 7(53. home-trade passenger ships to employ (qualified pilots unless they have certificated masters or mates, 764. penalty on masters for employing unlicensed pilots, 765. or for acting as pilots, 765. Avhen ships are exempted from compulsory pilotage, 766. what ships masters may pilot as long as not assisted by unlicensed pei-sons, 766. what ships Her Majesty may authorize to be conducted without pilots, 767. masters not liable to penalties for employing unlicensed persons whilst ship in distress, 767. when ships brought into port may be removed by masters, &c., 768. when unlicensed persons may act as pilots, 768. masters of what ships exempted from compulsory pilotage, 76U. what ships when not carrying passengers exempted, 770. when ships arriving from foreign parts, within pilotage jurisdiction of Trinity House, and navigating thence exempted, 771. what ships exempted in London and in Trinity House outport districts, 772. what ships exempted within the pilotage jurisdiction of the Trinity House, 772. what ships exempted when trading from ports within London districts or Trinity House outport districts, 772. home-trade passenger ships need not employ, if they have certified masters or mates, 773. occasions on which unlicensed person may act as pilot, 773. what will excuse a master not employing a pilot, 774. master's duties and authority while pilot is in charge, 776. duties of master and crew in such case, 776. where a tug is emj^loyed, 777. consequences of neglect of these duties, 777. when master may resume his usual authority, 777. the authority of the jiilot, while the ship is under his charge, 779. the limitation of the liaVjiiity of masters and owners where jiilotage is com- pulsory, 782. the liability of masters and owners for the default of the pilot irrespective of the statute, 782. the statutable limitation, 783. where no proof that pilotage compulsory, no exemption can be claimed, 785. protection extends to foreign ships within compulsory pilotage districts, 787. liability, if person in charge of ehip does not render assistance in case of collision, 787. to entitle master and owners to protection, the default causing the injury must relate to some duty of the pilot, 788. and they must prove that the injury was due solely to the pilot's default, 789. where master or crew guilty of act or omission which contributed to accident, 790. INDFA'. VUjOTS— continued. respective liabilities of master, owners, and pilot when Hliin in tow, 793. rights, privilegtjs, and remuneration of pilots, 7(»f). when qualified pilots unable to board are entitled to piiofcige, 7'J(J. allowance to qualified pilot taken out of his di«trict, 796. penalty on qualified jjilot receiving and on any maater offering improper rate, 796. only entitled to fixed rates for ordinary services, 797. when their services are of nature of salvage, 7i*7. pilot not bound to go on board ship in distress and unseawortliy foi- ordinary rates, 797. pilots called on to perform extraordinary services entitled to adersou acting :ts pilot, 799. occasions on which unlicensed ])ersons may act a-s pilots, 799. liability foi- and recovery of pilotage dues, 799. power for consignees to retain pilotage dues paid by them, 8 DO. offences of pilots, 801. penalties on qualified pilot for, exercising certain trades, 801. guilty of corrupt practices, 801. lending licence, 801. acting when suspended, 801. acting when drunk, 80l. imnecessarily causing expense, 801. declining to go off, 801. unnecessarily cutting or slipping cable, 802. refusing to conduct ship into port, 802. quitting ship, 802. endangering ship, life, or limb, 802. doing ship in his charge wilful damage, 803. general power of Trinity House, 804. bye-laws, regulations, &c., of, Appendix, No. 33, Ixiii. power of to license pilots to act within certain districts, 806. publication of notice of licences, 8u7. bonds to be given, 807. liability limited, 807. continuance and renewal of licences, 808. compulsory pilotage, 808. l)enalty on masters employing unlicensed pilots, or acting as pilots, 808. ship coming past at Dungeness, not having pilot, to take first who oilers, 8U9. exemptions from compulsory pilotage ia Trinity House districts, 810. rates of pilotage for Trinity House pilots, 811. payment of pilotage due from foreign ships trading to and from the port of London, 811. certificate of payment to be given, 811. Pilot Fund ( I'rinity House), 813. payments to be made to, 813. application of fund, 813. byedaws, rules and regulations relating to Trinity House pilots. Appendix, No. 33, Ixiii. lights for pilot vessels, 944. ■when they may claim as salvors, 1039-1042. the general rule, 1039. not bound to go on ship in distress, 1039. nor to remain on board such ship, 1040. distinction between pilotage and salvage services, 1040, 1041. what they are entitled to do, when boarding unaea worthy ship, 1040. PIRACY, punishment of when murder is attempted, 224. cxxviii INDEX. TOUT of discharge, 231. masters duties in such port to his employers, '231. making report, 231. t;»king ship to place of discharge, 231. mooriug, ".^31. delivering cargo, 231. keeping sutKcient crew, 231. see Iloi'boiir. ^ rUIMAGE. what it is, 52. to whom payable, 52. who may he sued for it, 52. when master may sue consignee for it, 114;"). PRIZE MONEY in case of privateers, 224. PRIVIES in passenger ships, S5G. provisions as to, 856. I'ROTESTS, what they are, 251. when it is prudent for master to make them, 251. content-s, 251. . when to be made, 252. before whom, 252. how dated, 252. when noting has been delayed, 253. who beai-s the expense, 253. when received in evidence, 253. forms of protests, 254, Appendix xxiv — xxx. I'ROVISIONS , of seamen, 683. ^ remedy when defective, 683. forfeiture for frivolous complaint, 684. allowance for short or bad, 084. rules for medical inspection of seamen, 694. space appropiiated to, 692. to what, passengers are entitled, 823. when action lies against master or owners for default in supply, 823. quaUty, condition, and quantities of in passenger ships, 861 . of passenger ship, to be surveyed before clearance, 861. for crew of such ship, 861. h. for what it should be exchanged, 3G5. RECEIVER, meaning of the terra in the Merchant Shipping Act 1354, 570. RECEIVER OF WRECK, power to appoint a valuer of property salved, 1068. ,"< his duties thereupon, 10tiS>. what fees he may receive, 1069. payment of salvage to, 1100. his certificate, llOU. his duties as to distribution, 1100. his power and mode of enforcing payment of sah-age, 1100, 1101. when he may detain ship, kc, 1101. when he may detain wreck, 1101. . power to sell, in cases of non-payment, 1101. rights of owner of wreck subject to payment, 1102. jurisdiction of Court of Admiralty in salvage cases, 1102. • appointment and duties of, 1106. duty of, when ship stranded or in distress, 1106. penalty on persons disobeying his directions. 1107. powers of, in case of accident to ship or boat, 1107. summoning men, 1107. requiring aid of person in charge, 1107. demanding use ot waggons, &c., 1107. penalty on persons refusing, 1 1 07. articles washed on shore, or lost, or recovered, to be delivered to re* ceiver, 1107. }>enalty for secreting, or keeping, or refusing to deliver, 1107. power to, to take them by force, 1107. power to repress plunder and disorder by force, 1108. his indemniHcation. 1108. what persons may exercise his powers in his ab.^ence, 1108. power, in case of ship being in distress, to pass over adjoining land with car- riages, 1 1 08. penalty on owners and occupiers opposing, 1109. power to institute examination with respect to ships in distress, 1109. his duty to 'send copy of examination to Board of Trade, IHO. and another t»i Lloyd's. 1110. powers for purpose of examination, 1110. i cxxs INDEX. RECEIVER OF WRECK— co);^/7n<('rf. .... -, mn orii^iual or certified copy of examination to be jmmd facie evidence, 1110. powei-s of, to seize concealed wreck, 1111. notice of wreck to be given by, 1112. power to sell perishable goods, 111'2. and goods of small value, 1112. when receiver must give notice to lord of manor, 1112. or to pei-son entitled to unclaimed wreck, 1112. what paymenta to be made to, 1112. lieu of, 1113. remedies of. 1113. . disputes as to sums payable to, how to be determined, 111-3. application of fees received by, 1 1 1 :^. when salvage settled by agreement or justices, to be paid to, 111^. his duties thereon, 1113. his duties as to apportionment, 1114. his manner of enforcing payment of salvage, 1114. power to sell property salved in cases of nonpayment, 1115. how he is to dispose of proceeds, 1115. unclaimed wreck, 1116. to whom receiver is to deliver, 1116. upon what payments, 1110. in case of dispute, 1116. how disputed title to wreck to be decided, 1117. unclaimed wreck to be sold, 1117. i «; * i in case of wreck of foreign ship, consul general, or consular officer, to be deemed agent of owner, 1119. how he is to dispose of proceeds, 1117. power to appoint a valuer in salvage cases, 1121. delivery of wreck by, not to prejudice title, 1122. receiver to be discharged from liability in respect of, 1122. REGISTRAR-GENERAL OF SEAMEN , ,, , n . i • • powers of him and his assistant when he suspects that laws of shipping, sea- men, or navigation not complied with, 4. power to inspect ship's documents and muster crews, 126. REMEDIES of the master, 1124. stiitntable provisions, 1126. same as seamen for wages, 1126. legal rights to wages, 1 127. mode of recovering, 1129. jurisdiction of Court of Admiralty over claims of master for wages, 1130. what remedies he now has, 1131. how he may recover his wages, 1131, 1132. and his disbursements, 1132. and double pay, 1132. ■when master may sue in his own name, 1142, 1143. on bUls of lading, 1143, 1144. on charter party, 1143. for demurrage, 1143, 1144. REMUNERATION of shijjmaster, 51, 52, 53. REPAIRS OF SHIP, . ^ ^^ ,o^ aoo wl.i-n ma-stermay bind shipowner for these, 481 48d. INDEX. cxxxi REPORT, duty of master of ship bringing tnercluailise from beyond seaa to report, 1163. form of rep'irt, 1163. contenta, 1163. RESPONDKXTIA, what it is, 510, 559. how it ditfers from hypothecation, 510, 559. RESPOND KNTI A BOND, what it is, 559. RESTRAINTS OF PRINCES AND RULERS, meaning of, in bill of lading, 414, 415, 416. RIVERS, regulations concerning lights and signals to bo carried by ships navigating, 936. concerning steps to be taken for avoiding collisious in, 936. ROBBERS, meaning of, in bill of lading, 414. RUNNING DAYS, meaning of, 152. SALE OF SHIP, when master may sell the ship, 493. when under the din^ction of a foreign court, 497. what he must do before .-elling, 499. instances, in which .sale by him upheld, 501. SALVAGE. what it is, 999. what salvage services are, 999. when they should be rendered, 999. distinction between volunteer salvors and those who are employed, 999, 1010. duty of ship to render, 1000. effect of departure to save life on policy, 1000. eflfeet of departure to save property, IdOO. duty of master, crew, and p;iasenger3 of each ship, in case of collision, 1001. consequences of default, 1001. when it is payable, 1002. 1. When ship, &c., stranded, or in distress on shore of sea, 4c., within United Kingdom, 100'2. whenever any wreck is .«aved, 1003. what is payable in these cases, 1003. 2. For saving life, 1003. former state of law, 1003. where persons saved had left shin. 1004. within what limits services must have been rendered, 1004. what priority life salvage has, 1005. power of Hoard of Trade to grant, for salvage of life and property, 1005. 3. In other cases, 1006. ■i\ cxxxii INDEX. SXLY AGE— (ondmud. property snlved must have been in danger or distrei^s, 1006. salvors must have rendered assistance towards saving, 1007. iinprofitivble labour does not entitle, 1007. all who contribute entitled to share, 1008. where first salvors abandon, 1009. where service short and only partially successful. 1010. 4. AVhat signals ship must use when signalling for assistance, 1011, 1012. liability of master for using these signals except as directed, 1012. 5. "NVhat services are salvage services, 1013, 1014, lOl.'J. 6. The effect of acceptance and refusal on the right. 1017. 7. Where seaman may agree to abandon right to, lOlS. powers of Court of Admiralty with respect to such agreements, 1019. who may claim as salvors, 1021. general rule, 1021. crew of salving ship, 1 022. passengers in salving ship, 1023. owners of salving ship, 1023, 1024, 1025. ancient rule, 1 023. where both ships belong to same owners, 1024, 1025. charterers, 1025. part owners, 1026. crew of ship salved, 1026. in cases of abandonment, 1027. in cases of capture, 1028. passengers on ship salved, 102S, 1029. in United States, lu29. associated ships, 1029. officers and crews of Her Majesty's ships, 1030, 1031, 1082. no claim for loss or risk to Her Majesty's ships, 1030. how claims to be determined, 1031. steps to be taken when such services rendered by Her Majesty's ships abroad, 1031. coastguardmen, 1037. what amount, 1037. how to be recovered, 1037. ship agents, 1038. Lloyd's agent, 1038, 1039. pilots, 1039. general rule, 1039. not bound to go on ship in distress, 1039. what they are entitled to do when boarding unseaworthy ship, 1040. what entitles them to salvage, 1040, 1041. tugs, 1042. when towage entitled to be remunerated as salvage, 1042. what is the effect of the towage engagement, 1043. instances, in which salvage reward is awarded, 1045, 1046. effect of concealment of condition of vessel, 1047. magistrates, 1048. what claim salvors have, where there are several sets, 1049, whilst the master remains on board, 1049. his authority over the salvors, 1049. when master leaves to obtain assistance, 1050, rights of salvors in possession, 1050, If when the ship is a derelict, 1051. what constitutes a derelict, 1051. the rights of several sets of salvors, 1052. in cases of derelicts, 1053. rights of first salvors, 1 053. wlien persons dispossessing them will be entitled, 1054. when first set abandon, 1055. what amount will be awarded to salvors, 1056. 1. Where no agreement entered into. 1056. wlien Couit of Appeal will interfere in questions of amount, 1066, 1057. INDEX. trxxxiii S A LV \QE—coniinited. by what circumstanccH (Joiirt will be guiiled, 1057. amount of work aiui labour no test, lOoS. value of propertj' .sal veil, 10j8, lOCO. duration of Hervices, 10.58. exorbitant demands, 1058. damage or loss to Halving whip, 1058. ribk of forfeiting policy, 1051*. salvage of life, 10(J0. steam er.s, 1061. derelicts, 1061. 2. Where agreement was entered into between salvors anl Halved, IOG'2. where .salvors not limited by .agreement, 1063. where they may abandon it, 10i;:5. where master may bind crew, 10t!4. when owners can bind master and crow, 10 14. what knowledge of facts necessary, that agreement should bind, 1065. concealment and its consequences, 1065. when Court will not enforce agreement, 1066. 3. How value of property salved ia estimated for calculating amount of salvage, 1067. how Court deals with the freight for this purpose, 1067. what deductions allowed, 1067, 1068. when bottomry bond and wages deducted, 1068. how salvors may obtain appraisement, 1068. how they may obtain a valuation, 1068. duties of receiver of wreck, 1068. what fees to be paid to him, 1068. the apportionment of the salvage, 1070. how it is apportioned among persons entitled, 1070. 1. Owners of salving ships, 1071, 1072. steamships, 1071. when built for salvage services, 1072. sailing ships, 1072. where salving ship sustains damage, 1072. 2. Masters, seamen, and apprentices, 1073. 3. Persons assisting, 1074. 4. Where there are several sets of salvors, 1075. according to their respective services, 1075. 6. Officers and seamen of royal navy, 1076. 6. Revenue cruisers and coastguardmen, 1078. by whom it may be apportioned, 1076. Admiralty Courts, 1077. payment of, to whom to be made in case of dispute, 1077. receiver of tlistrict, 1077. his duties on receipt, 1078. when application for apportionment should be made, 1078. county courts with Admiralty Jurisdiction, 1079. when agi-eements for apportionment wdl be upheld, 1079. must be clearly proved and equitable, 1080. in what proportion ship, freight, and cargo contribute, 1081. in cases of hfe salvage, 1082. what conduct forfeits the whole or part of the salvage, 1083. 1. General rule, 1083. 2. Misconduct, 1083. however valuable the services, 1084. where salvage successful, luS4. eflect of, when unconnected with salvage, 10''4. instances of, which have caused entiie forfeiture, 1085. instances of, which have caused partial forfeiture, 10S6. 3. Negligence or unskilfulness, lo87. whether it causes entire or partial forfeiture, 1088. where it causes damage, 1088. difference where s;ilvors not nautical men, 1089. cxxxiY INDEX. SkL\ A.GE—confi)tufd. 4. Fraud, 10S9. effect on costs, 10S9. 5. Embezzlement, li)90. what remedies salvors have for securing payment, 1091. wliat remedies irrespective of statute, 1091. 1. their maritime hen, 1091, 1092. to what it extends, 109'2. effect of improper detention of salvage property, 1092. salvors need not remain on board to maintain their rights, 1092. what precedence lien has, 1093. Ufe salvage, 1093. effect of delay in enforcing lien, 1093. how ship or cargo may be discharged from arrest, 1093, 1094. 2. salvors' right to retain possession, 1095. 3. how far- payment to one discharges claims of others, 1095. what salvors' remedies are under the statutes, 1096. disputes as to, how to be settled, 1096. manner in which justices may decide disputes, 1096, 1097, 1098, 1120, 1121. when dispute may be referred to arbitration of justices, 1096,1097, 1120,1121. where sum does not exceed £200, 1096, 1120. where it exceeds £200, 1096, 1097, 1120. where it does not exceed £1,000, 1097, n., 1120. . powers of Secretary of State, 1097, n. (b). Lord-Lieutenant of Ireland, 1097, n. (b). stipendiary magistrate, 1097, n. (b). county court judge, 1097, n. {b). Scotch sheriff, 1097, n. (b). Scotch sheriff's substitute, 1097, n. (6). Irish recorder, 1097, n. [b). Irish chairman of quarter sessions, 1097, n. (b). power to Secretary of State to determine costs to be awarded by justices, 1098, n. costs of arbitration, 1099. justices may call for documents, 1099. may administer oaths, 1099. apjveal to Admiralty Courts, 1099. duties of justices as to transmitting copies and certificates, 1099. payment of salvage, to whom to be made in case of dispute, 1100. apportionment of by receiver, 1100. mode of enforcing payment of, 1100. duties of receiver herein, 1100. when receiver may sell, 1101. payment of, to whom to be made, when amount settled by agreement or justices, 1113. receivers' apportionment of, 1114. his manner of enforcing payment of, 1114. hia power to sell property salved in case of non-payment, 1115. power t(j Board of Trade to determine salvage to be received by salvors of unclaimed wreck, 1117. , ■ i and to fix scale of remuneration for coastguard for watchmg and protectmg wreck, 1120. Bummary jurisdiction of justices in small salvage cases, 1120, 1121. power to receiver to appoint a valuer in salvage cases, 1121. jurijBdiction of Court of Session in salvage cases, 1122. SALVORS. (See Salvage.) "SALVOR," ^ ^„^ meaning of term in the Merchant Shipping Act 1854, jiO. » INDEX. cxxxv SAVINGS BANKS for aeauieu may be eatablished, 619. SEA BRIEF, what it is, 135. SEA LETTER. what it is, 135. SEAMAN, uiuaniug of term in the Merchant Shipping Act 1851, 57^. SEAMEN, powers of naval court to discharge, 20. misconduct of endangering ship or life or limb, 6'"'. ofl'ences connuittcd by at foreign porta to be within Admiralty jurisdiction, 60. power of Admiralty Court to levy on shipowners, for benefit of seamen killed or wounded in defending ship, their widows and children, 219. provision for, if woundeil in defence of ship, 223. and for widows and children, 223. how regarded and protected by the law, 574. Court of Admiralty protects them from oppression, injustice, and error, 574. no adequate protection against unseaworthiness of ship, 575. position of with reference to seaworthiness of ship, 575. survey by Court of ships alleged by seamen to be unseaworthy, 575, 576. who may apply for such survey, 575, 576. what surveyors may be employed by Court, 576. compensation to, for unnecessary detention on charge of desertion, 577, n. (h). ■ the duties of, 581, 582, 583. enumerated in agreement, 581. to devote their whole time to their employers, 583. as to apprentices, 584. (See Apprentices. ) the engagement of seamen, 588. seaman's contract before 1854, 583. after 1854. 580. power of Board of Trade to license persons to procure seamen, 589. penalty for supplying without licence, 589. for employing unlicensed persons, 589. for receiving seamen illegally supplied, 590, penalty for receiving remuneration frcm seamen for shipping them, 590. agreements with seamen to contiin ceruiin particulars, 590. forms for colonial ships, 591. with fishermen, 591. owner or agent of home-trade ships may enter into time agreements which need not expire half-yearly, 51^2. for foreign-going ships, when to be made before superintendent of mercantile marine otlice, 592. to be in dajdicate, 592. one part to be retained by superintendent, 592. foreign-going ships making short voyages may have running :vgreements, 593. engagement and discharge of in meantime, 593. duplicates of running agreement, how to be dealt with, 594. fees to be paid on, 5^4. in home-trade ships, agreement to be entered into before a superintendent of mercantile marine otKce, or other witness, 594. special agreements for such ships belonging to same owners, 594. penaltj for shipping without agreement duly executed, 5l'5. ex XXVI INDEX. SKAilEN — continttfii. cbaugos in ciew of foreigu-goiug ship to be reported, 595. wheu etigageil in Colonies, bow to be shipped, 595. when eng-agfd in foreign ports, how to be shipped, 696. form of agieeiiient of crew, 598, 599, 60{). description of voyage, 600, 001, 602. list of seamen, ti(>'6. date of commencement of voyage, 603. rate of wages, 603. alterations in, 004. penalty for falsifying, 604. seamen not bound to produce, 604. copy to be made accessible to, 605. discharged before voyage to have compensation, 605, contracts to be made with natives in India under certain conditions, 605. alloimeut of wages, 607. notes, when and by whom they may be sued on summarily, 607. discharge and payment of wages, 609-617. when and how the master may discharge a seaman, 609 617. no seaman to be discharged or left abroad without certificate, 609. what amounts to a di.^charge, 611. how service may be terminated, 612. how discharge fiom, or payment of wages to, seamen of foreign-going ship in United Kingdom to be made, 613. on discharge, or payment, masters to give certificates of discharge, 614. and to return certificate of competency or service, 614. on settlement of wages, release to be signed before and attested by super- intendent of mercantile marine office, 615. effect, of such release as a discharge, 615. copy certified to be evidence, 615. no other receipt to be a discharge, 616. upon discharge beiore superintendent, master to make report of character of person discharged, 616. superintendent, if requested, to give seaman copy of so much as concerns him, 616. what public authorities may discharge, 617. naval courts, 617. consul. 617. remitt-mce of wages and savings banks for, 618. legal rights to wages. 626-642. 1. The piovisions of the statutes, 625. rights to wages and provisions, when to begin, 625. sale of, and charge on invalid, 625. not able to give up certain rights, 626. lien on ship, ()26. remedy for recovery of wages, 626. wages not dependent on earning of freight, 626. how to be paid in case of death, 627. rights to in case of termination of service by wreck or illness, 627, not to accr\ie during refusal to work or imprisonment, 627. period within which to be paid, 627. 2. When and how they are payable, 6i9. 3. \\'hen the whole of the wages contracted for are due, 630. 4. When part only of the wages ci>ntracted for are due, 632. on loss of the ship, 634. where seaman unjustly discharged, 635. where owners abandon voyage, 635. seamen discharged before voyage entitled to compensation, 635, in case of deviation, 636. where ship arrested for fraud, &c., of master or owners, 637, 6. When no part of the wages contracted for become due, 638. 6. What will cause a forfeiture of, 63y. 7. ^^ hen they may claim extra remuneration, 639. 8. Insurance of wages, 64-. 9. Effect of a change of owners upon wages, 642. mode of recovering wages and seamen's lien, 644. « 1NJ)1.X. cxxxvii SEAMEN — conliirurd. 1. The statutes, 6<4. seamen may sue in a summary manner. 6J5. restriction on suits in superior courts, (HH. when seaman miy sue aliroail, (J4G. rnaster to have same remeilies for wages as seamen. fl46. HmitJition of time for in.stitutiiig simimary pmceediiiKs. ii\7. 2. Seamen may proceed against owners, master, orshiji and freight, tA7. where tiiere is change of owners during voyage, 048. 3. Who are entitled to sue as seamen, (J60. 4. The lien of the seaurin for his wages, 651. to what it extends, 651. over what claims it has precedence, 651, 652. his lien on the freight, (i52. no lien for wages on cargo, 653. 5. Within what time suits for wages must be brought in the Court of Admiralty, 6.'»3. relief to seamen's families out of poor rates, 655. wages and effects of deceased seamen, 657. masters to take charge of or sell, 657. and enter same and wages due in official log, 657. recovery of wages of seamen or apprentices l.>st\vith their ship, 657. to whom w.ages and effects to he paid, 658. when ship deemed to have been lost, 658, n. what sufficient proof that seamen or apprentices were on board lost .shii) 658, n. '' officers of customs and consuls to take charge of effects left by seamen abroad, and to remit same and w.ages to Board of Trade, 6'il. wages and effects of seamen dying at home to be paid in' certain ca.ses to Board of Trade, 661. if less than £5U, wages and jiroperty of deceased seamen may be paid over by Board to persons entitled, without probate or administration, 661. mode of payment under wills made by seamen, 662. provisions for payment of just claims by creditors, and for preventing fraudulent claims, 66.'i. mode of dealing with unclaimed wages of deceased seamen. 665. punishment for forgery, &c., in order to obtain w^ages and property of deceased seamen, 66."). how effects of seamen discharged from navy to be disjwsed of, 666. leaving seamen abroad, 667. on discharge abroad, certificates of discharge to be given, 667. and seamen to be sent home at expense of owner, 667. forcing seamen on shore a misdemeanor, 668. no seamen to be discharged or left abroad without certihcate of some functionary, 668. such wages subject to payment of expense of subsistence and passage home, d71. distressed seamen found abroad may be reheved and sent home at the public expense, 671. masters of British ships compelled to receive them, and afford passage and subsistence, 673. penalty on master for leaving certain foreign seamen in distress in this country, 675. when left behind on ground of inability, wages to be paid, 669, 670. when paid in money, 670, n. (e). liability of shipowner when bill given, 670, n. (r). in proceeding against owner, not necessary to prove master's authority, 670, n. (c). proof of bill, 670, n. (c). of indorsement, 670, n. (e). relief of destitute Lascars, 675. volunteering into the navy, ti7S. seamen allowed to leave their ships in order to enter the navy, 678. provisions as to their cli.thes and w,age.s, 678. penalty on ma.st^r if he fails to comply, 679. repayment to owner of advance [).iid and not duly earned, 6S0. cxxxviii INDEX. SEAMEN— con?nn(.-(f. penalty for forgery, &c., in support of applications, 681, 6S2. provisions, be;\lth, ami accommodation, 683. survey of provisions and water, 6S3. mode of redress if provisions or water of bad quality, GS3. forfeiture for frivolous ooinplaint, 684. allowance for short or bad provisions, 684. who is to defray expense of medical attendance, medicines, and subsistence U of seaman injured in service, 666. ■ of conveyance to port, 666. " of his burial, 666. of his temporary removal to prevent infection, 6S7. of his subsistence while so aw.ay, 687. of medicines and surgical or medical advice on ship, 687. of burial of deceased seaman, 687. expenses in case of illness caused by neglect of master or owner, how to be paid, 692. forfeiture of wages, &c., when illness caused by his wilful act or default, 692. place appropriated to in ship, to have certain space for each man, 692. and to be properly constructed and kept clear, 692. rules for medical inspection of, 694. power of making complaint, 697. protection of from imposition, 697. to be allowed to go ashore to make complaint to a justice, 697. Kde of and charge on wages invalid, 697. no debt exceeding five shillings recoverable till end of voyage, 697. penalty for over charges by lodging-house keepers, 698. penalty for detaining their eOeets, 696. penalty for going on board before final arrival of ship, 698. penalty for solicitations by lodging-house keepers, 698. discipline and the forfeiture of wag. s, 699. 1. The master's authority to maintain order and discipline, 699. what he has authority to do, 699. 2. When he may punish or discharge a seaman, 700, 7u2. when he may imprison a seaman, 7U0. or in8ict corporal punishment, 7iiO. 3. What conduct on board incurs a forfeiture of wages, 702, 703, 704. during refusal to work or imprisonment, 703. 4. What is such a desertion as to incur a forfeiture of wages, 705. what justifies a seaman in leaving the ship or refusing to serve, 707, 7U8, 709. what justifies their treating their contract as at an end, 709. 5. When master may waive a forfeiture, 710. 6. The statutes, 711. refusing to defend ship, or discouraging others, 711, 712. refusing or neglecting to work when reijuired, 712. misconduct endangermg ship, or life, or limb, a misdemeanor, 712. statutable punishment for desertion, 713. neglecting or refusing to join, or to proceed to sea, 713. absence within twenty-four hours before sailing, 714. absence without leave, 714. quitting without leave before ship is secured, 7H. act of disobedience, 714. continued disobedience, 714. assault on officers, 714. combining to dl-sobey, 715. wilful damage and embezzlement, 715. act of smuggling causing loss to owner, 715. proceedings when seamen defend themselves against charge of desert- ing Vjy rdleging that ship is unseaworthy, 7 16, J 16. when and how they can set up such defence, 715. seamen whom masters compelled to convey, to be subject to penalties for breach of discipline, 717. master may ai)prfcLend deserting seamen and apprentices without war- rant, 717. I INDEX. cxxxix SEAMEN — cont inucd. deseiters may be sent on board in lieu of being imprisoned, 718. when imprisoned for desertion or breach of dijieipliue, may be sent on board before termination of Hentence, 718. facilities for proving desertion, 711>. how farcosta of imprisonment may be deducted from wa^'cs, 719. amount of forfeiture, how to bo ascerkiiued when beamen contract for voyage. 720. apj>lication of fnrfeitures, 720. questions of forfeitures may be decided in suits for w.agea, 720. penalty for false stiitement as to last shiji or name, 7-1. fines to be deducted from wages, and paid to superintendent of mer- cantile marine office, 721. penalty for enticing to desert, and harbouring deserters, 722. penalty for obtaining pass-ige surreptitiously, 722. on change of nnsters, documents relating to navigation and to crew to be handed over to successor, 723. legal procedure, 724. punishment of offences and recovery of penalties, 724, 725, 72G. jurisdiction over ships lying off the coasts, 727. offence, where deemed to have been committed, 72^. service to be good, if made |>ersonally or on board ship, 727. sums ordered to be paid to be leviable by distress on ship, 727. application of penalties, 727. limitation of time in summitry proceedings, 728. document proved without calling attesting witness, 729. power of judge of Court of Record or Admiralty to arrest foreign ship that has occasioned damage, 729. power in certain cases to detain ship before application made to judge, 730. who to be defendant in such cases, 730. when a seaman may agree to abandon his right to salvage, 1018. powers of Court of Admiralty over such agreements, lOl'J, 1020. agi'eement need not be in writing, 1019. when they may claim salvage, 1021. crew of salving ship, ]U21. crew of ship salved, 102(>. crews of Her Majesty's ships, 1 030. what proportion of salvage they receive, 1073. SEAWORTHINESS OF SHIP, duty of master and owners to see that ship is seaworthy, 77, 78, 79, 80. as to charterer, 78. as to shipper, 78. as to insurer, 78. as to seamen, 78. shipper's remedy for unseaworthiness, 79. chai-terer's remedj', 79. implied warranty of, in policies, 80. limits of, 80. in voyage policies, 80. in time policies, 8 1 . meaning of warranty, 81. how it varies according to risk, 82. and according to cla-ss of ship, S3, sufficient if ship seaworthy at commencement of risk, S4. or of each of several stages, 84. onus of proof of, 86. meaning of, as regards the master, 87. the mate, ^7. the crew, 88. the pilots, 89. the Indl and rigging, 91, the loading, 91. cxl INDEX. SEAWORTHINKSS OF SmP—coyidnual. the stores auil supplies, 9"2. no warranty of, with seamen, either by master or owners, 575. position of seamen with reference to, 570-577. sending unseaworthy ship to sea a misdemeanor, 577. survey of ships alleged by seamen to be unseaworthy, 575, 576, 577. and of ships suspected of being unseaworthy, 577. no w:u-rauty of with passengers on part of master or owners, 821. SECRETARY OF STATE, power to determine scale of costs in salvage cases to be awarded by justices, 1098. to appoint justice to exercise jurisdiction in salvage cases, 1097, u. [b), 1».'98. SERVICE of summons, &c., when good, 68. SHIP. setting fire to, 225. damaging otherwise than by fire, 226. meaning of the term in the Merchant Shipping Act 1854, 571. when master may sell, 493. SHIP AGENT.^, when they maj* claim as salvors, 1038. Lloyd's agent, 1U38. SHIPMASTER, who may compel him to produce log-books, documents, or lists, 4. or to give explanations concerning ship, crew, books, &c., 4. penalty for disobeying, 4. what fees he is to pay to superintendent of mercantile marine oflice, on engag- ing or discharging seamen, 16. powers of naval courts to try him for offences, 21. to supersede him, 20. who may appoint him, 24. effect on appointment, of change of ownership, 26. of death, 26. of insanity, 26. when new master may be appointed .abroad, 26. by whom such appointment may be niade, 27. when first mate succeeds to the command, 27. nature of his office and duties, 31. when certificates first required, 32. need not be a British subject, 32. his examination and certificates, 35, 36, 37. fees to be |)aid for, by him, 36. when entitled to certificate of service, 37. when certilicates necessary, 38. certificates for foreign-going ships available for home-trade passenger ships, 38. examinations of at ports, whei'e there is no local marine board, 40. production of certificates to superintendent of mercantile marine office, on signing agreement with crew, 40, 41, 42, 590, 597. his pilotage certificate, 42, 43. renewal of, 43. when granted Vjy Board of Trade, 43. on piyment of what fees, 4 4. wLeu Colonial ueitificatu valid, 49, 50. INDI'^X. cxli SHIPMASTER- conlinucd. how remunerated, 51. what forfeits his wages, 51, 52. his primage, 52. his averuge, 53. may not trade on his own account, 53. who is entitled to his earnings, 53. who may remove him, 54, 55. his owners, 54. Admiralty (,'oui-ts, 54. Board of Trade, 55, 56. local marine board, 55. naval court, 59. when Board of Trade may cancel his certificate, 56. when he must deliver it up, 58. and to whom, 58. when he must deliver documents to successor, 59. misconduct of endangering ship, or life, or limb, 60. otfences committed by at foreign ports to be within Admiralty jurisdiction, 60. duties of, when ordered to receive offenders by consular officer, 61. penalty for not performing these duties, 62. duties and authority of, on voyage, 74. to devote all his time, 74. to communicate with owners, 75. to stay by ship, 75. to obey his instructions, 75. to see that ship is seaworthy, 77. shipper's remedy for unseaworthiness, 79. charterer's remedy, 79. meaning of seaworthiness, 81-92. sufficient, if ship seaworthy at commencement of risk, 84. or of each of several different stages, 64. seaworthiness as regards master, 87. mate, 87. crew, 88. pilots, 89. hull and rigging, 91. loading, stores and supplies, 92. his duty in the preparation of ship for sea, 93. as to nautical instruments, 93. as to medical stores, 93. as to lime-juice and anti-scorbutics, 94. penalty for not complying, 96. as to providing boats and lifebuoys, 97. penalty for neglect, 97, 98. as to means for lights and fog-signals, 98. to record draught of water on leaving, in official log, 98, 99. to take ship to place to receive cargo, 99. his duties when he has to proceed to foreign port to load, 100. to be at port in time. 1 00. effect of delay on charterer, 100. to put himself under agent of shippers, 102. his duty to obtain tiie neces-sary clearances, 103. national character of ship to be declared before clearance, 103. rules as to production of agreements and certiticates of masters and mates of foreign-going ships, 103, 104, 105. duty of superintendent of mercantile marine office thereupon, 103. his certificates, 103. to whom to be produced by master of foreign-going ship, 104. such ship nc finiay visit or trade at, within the license clauses, without deviation, 176, 177, 178, 179, 180, ISl, 182 for what purposes he may visit ports, within the Ucense clauses, without deviation, 183, 184, 1^6, 186. when trading at a port within the license clauses is a deviation 186 187 188 when cruismg, chasmg, or attacking is a deviation, 188, 189 11,0 ' ' ' what justifies or excuses a deviation or delay, 198-209. ' usage, 198. perils insured against, 199. moral or physical force, 200. making a port to refit, 201. making a port to recruit, 202. or to j)rocure hands or provisions, 202. stress of weather, 2(»3. endeavour to avoid capture, 204. or imminent perd, 204. succouring ships in distress, 209. his duty not to commit bari-atry, 210, 211, what barratry is, 211, 214, 215, 216. when master is sole owner. 21 7. or supercargo, or consignee, 21". turning pirate, or trying to corrupt other m.ister ''IS if killed or wounded in defending ship. Admh'alty Court may levy on owners for m;uster, or his widow or children, 219 J J "" delivering up ship to pirates without fighting incapacitated ""1 provision for, if wounded in defence of ship, 223. ' "" his duties to underwriters on abandonment, 228. cxliv INDEX. SHITMASTER— 9. what he may do in cases of ransom, 260. 2. As agent of owneis of cargo, 260. when he becomes such agent, 261. when he should communicate with such owners, 261. what he should do. when he cannot communicate, 261. his duty to check deterioration, zQ'A. to take care of cargo, 262. but must not delay, 263. his duties when compelled to put into port to repair with damaged cargo, 204, 265, 2. keep his cargo book, 269. effect of receipt of goods, 26'.». his duty to receive anil stow, 269. what delivery makes master liable, 271. master's or mate's receipt, 271. liis duty as to loading and unloading, 272. he should be a competent stevedore, 272. ti who is liable for bad stowage, when stevedore is api>ointcd, 273, 271, 275. master's duty when goods on board, 275. priiiid facie liable for damai^e, 276. what parts of ship may be tilled by charterers, 277. master may t;ike goods as ballast, 277. how much goods master may take, 277. no contraband, 277. as to dangerous goods, 277, 278, 279, 280. when master may refuse to take on board package, &c., suspected to be dangerous, 27'.>. when he may have them opened, 279. when he may throw them overboard, 279. when he may sell the cargo, 2sl, 282, 283. when he must first communicate with owner, 285. when he should tranship cargo, 287. as agent for shipowner, 287, 288, 289. as agent for owners of cargo, 290-292. his lien on the cargo, what it is, 31 8. when it exists, 318. when completion of carriage prevented by incapacity of goods, 320. when ship is disabled, 322. what goods he may detain, 322. for expenses, 322. for passage money, 322. for general average, 323. when special contract deprives him of lien, 323. for what there is no lieu, 32 -t. demurrage, 324. wharfage, 324. pilotage, 324. port charges, 324. vmliquidated damages, 324. for what amount of freight he may enforce it, 326. what lien he has when ship is chartered, 327-335. for which set of principals be will then have lien, 328. depends on whether the shipowner retains or parts with po-s-sc-ision 329. when he is shipowner's master and signs bills of lading to subfrrighter without notice of charter-party, 332, 333. where he refuses to carry, 337. when he refuses to produce ]iaper.s, &c., to verify claim, 337. when wharfinger may enforce it, 339. when it will revive, 3o9. what conduct forfeits it, 339. his duties with reference to delivery of the cargo, 340. when consignor may insist on gooils being relauded and returned, 340, 341, 342. to whom and on what terms he must deliver, 342. when he may warehouse. 34 3. what he must do, if authorities will not allow Lim to huid gooiL' 3J;J. k cxM INDEX. SniFHAST ER— continued. [ to whom he must deliver when he has signed bills of lading, 344, 345, to whom he must deliver, when vendor gives notice to stop, 34(5. on what terms assignee of bill of lading is entitled to delivery, 346, 347. mutual duties of master and consignee as to delivery, 348. not bound to give freighter, or consignee, or indorsee notice of ship's arrival, 348, 349. what he must do, if consignee not I'eady, 349. at what p.irt of port he must deliver, 349. at what place, 350. mode of delivering, 350. bis duty to make complete delivery, 352. when ship meets with disaster, 353. what he may do, when owner fails to make entry or land, 3.">4 3G0. power to master and shipowner to enter and land goods in such case, 354. lien to continue if notice is given, 357. when deposit with warehouse owner discharges lien, 357. when warehouse owner may pay deposit to master, 357. course to be taken if notice to retain given, 358. ■when master may sell such goods, 358. what notice to be given, 358. how monies to be applied, 359. warehouse rent and expense, 359. when master may sign bills of lading, 365, 366. for what he may sign them, 366, 367. eSect of bill of lading as evidence, 368-372. when it contains words, " weight, contents, and value unknown," 36S, when conclusive evidence of shipment against master, 371. effect of bill on liabilities of shipowner, master, and charterers, 405. liabQity of, if he does not obey notice to stop, 438, 439. (See Stoppnr/c in, Transitu.) his duties as to delivery, when he has received a notice of stoppage in transitu, 466-469. his liability, if he disregards notice, 467, 469. his liability, if he delivers to wrong person, 468, 469. how he may protect himself, 469. when he may bind shipowner by master's personal contracts, 472. 1. J3y contracts relating to usual cour.se of ship's employment, 472-478. letting ship on charter-party, 473. hiring seamen, 473. contract with pilot, 474. making warranty as to conveyance, 474. settling accounts for freight, demurrage, delay, &c., 474. making contracts to carry on freight, 474. signing bills of lading for goods put on board, 474. but not for goods not shipped, 474. what he may do when owner absent, 476. what when owner at home port, 476. wliat he had no authority to bind owners for, 477, 478. 2. For matters which are necessary for the prosecution of the voyage, 479. generally, when he may do this, 479, 480. for necessary repairs and supplies, 481. not confined to what is absolutely necessary, 481. what is test of such necessity, 482. 3. For money borrowed, 483. for what purposes, 483, 484. lender must make out necessity, 484. need not see to application, 485. 4. He has no such power if shipowner or his agent can interfere, 486- 489. when he must connnunicate with shipowner, before he can obtain supplies, &c., on owner's credit, 486, 487. wlifin he may sell the ship, 493. under what circumstances, 493, 494, 495. wliat constitutes a case of nece.ssitv, 495. 1 INDEX. cxlvii SHIPMASTER— ro/tiwH^rf. under directions of foreign court, 497. what he must do before selling. 499. communicate with owners if pi-acticaMe, 49!>. sale void if he does not, 499. when to couriult .i^^cnt of Lloydu, 499. or a consuhir agent, 499. his duty to have surveys taken, 499. duty of purcliaser liefore buying, .lOO. cases in which sale luis been upheld, 501-506. under what circumstances the master may hypothecate the ship, ."J'i?. 1. What necessity must exist to justify his doing so, 5'2*_', 52.'!, 524. 2. When owner's consent dispenses with proof of such neces-iity, 525. 3. For what purposes he may give a bond, 52']. to obtain necessary money, supplies, or repairs for the ship, 528. for disburseuii-nts to enable ship to prosecute voyage, 5^6. but not, if they can be obfciineline and forfeiture of wages, 699. his authority to maintain order and discipline on board, 699. what he has authority to do, 699. when and how he may punihh or discharge a seaman, 700. 1N1)J;X. cxlix SH I VyWSTEJi— continual. wlien he may imprison, 700. when he may inHict corporal pnnirtliment, 700. need not wait for actual act of intitiiiy. 7ol. must enter offence, inquiry, ami puni.shiuent in official log, 701. consequence, if he exceed bounds of moderation, 70l. when he may flischarge seaman, 7<)2. when master may waive a forfeiture, 710. what amounts to waiver, 71 1. may apprehend deserters without warrant, 717. when and how he may obtain a pilotage certificate, 745. what it enables him to do, 745. Board of Trade may examine and grant, if i)ilut;ige authorities rcfuw?, 746. fees to be paid upon certificates or renewals, 747. power of Boanl of Trade to withdraw certificates, 74"^. certificates, how to be granted to masters and mates of certain nhipa carrying passengers, 748. what signals he may use when ship is in di»tres.s, 753. when ship requires a i)ilot, 75:3. consequences of using distress signals for any other purpose, 753. penalty for using any pilot signal for any other purpose, 753. when it is his duty, irrespective of the statutes, to employ a pilot, 756. consequences of his not doing so, 756. efi'ect on insurance, 756. at intermediate stage of the voyage, 758. where required by usage and Act of Parliament, 758. compulsory pilotage, 760. when master of home-trade passenger ship to employ pilot, 763, 7*>4. penalty on, for employing unlicensed pilots, or acting as pilot, 765. when ships are exempted from compulsory pilotage, 766. what ships masters may pilot, as long as not assisted by unlicensed persons, 766. not liable to penalties for employing \mlicensed persons whilst ship in distress, 767. when master being owner, or part owner, and residing at Dover, &c., may pilot his own ship, 768. when he may remove ships brought into any port, 768. masters of what ships exempted from compulsoiy pilotage, 769. what ships when not carrj'ing passengers exempted, 770. what ships exempted in London district and in Trinity House outport district, 772. what ships exempted from compulsory pilotage, 772, 773. home-trade passenger ships need not employ, if they liave certified masters or mates, 773. occasions on which unlicensed persons may act as pilots, 773. what will excuse a mnster not emploj-ing a pilot. 774. master's duties and authorities while pilot is in charge, 77G. duties of master and crew, 776. where a tug is employed, 777. consequences of neglect of these duties. 777. when master may i-esume his usual authority, 777, 773. the authoiity of the pilot, while the .ship is under his charge. 77'.^. the limitation of the liability of masters and owners where pilotage is compul- sory, 782. the liability of ma.^^ters and owners for the default of the julot, irrcs{>ectivo of the statute, 782. the statutable liititation, 783, 784. where no proof that pilotage compulsory, no exemptiou can be claimed, 78.5. protection extends to foreign ships, within district, 787. liability, if person in charge of ship does not render assistance in case of collision, 787. to entitle master and owners to protection, default must relate to duty of the pilot. 7S.'^. cl INDEX. SEiryiASTEU—cmtinucd. and they must prove that the injury was due solely to the pilot's default, 7i:9. where master or crew guilty of act or omission, which contributed to accident, 790. what master and owners must prove to exonerate themselves, 790, 791, 792. . . ^ o respective liabilities of masters, owners, and pilot when ship in tow, 793. penalty on master oft'ering improper pilotage rate, 796. penalty on, for making false declaration as to draught of ship or on falsifying marks, 79!>. penalty on, for employing unlicensed pilots in Trinity House district, or acting as pilot therein, 80:^. ship coming past at Dungeness, not having pilot, to take first who offers, S09. penalty on master of such ship for failing to display usual signal for pilot, SIC. his authority over the passengers, 815. extent of such authority, 816. how much force he may exercise over them, 817. when he may arrest or imprison tliem, M7. when he may exclude them from table, SIS. when he may compel them to give Hssistauce, 818, consequences if he exceeds proper limits, 818. ha^ no lien on person of passenger, 819. what lien he has for passage-money, 819. his duties to the passengers irrespective of the statutes, 820. he is a common carrier of passengers, 820. his liabilities as such, 820. what he undertakes as such, 820. his liabilities to the passengers, 821. does not warrant that .ship is seaworthy, 821. cannot expel pa^^senger merely on account of bad reputation, 822. passengers entitled to protection, 822. and to kind and considerate treatment, 822. when action lies against, for default in supply of provisions, 823. luB duties to passengers under the statutes, 830. penalty on, for neglecting to provide boats and life buoys, 832, penalty on master of passenger steamer for neglecting to deliver up certifi- cate of survey, 839. duty of such master to put up copy of such certificate in conspicuous part of ship, 840. penalty on, for default, 840. passenger steamer not to proceed on voyage without certificate, 840. penalty on master for default, 841. penalty on him for carrying passengers in excess of specified numbers, 841. masters and owners to give surveyors of passenger steamers information and assistance, 842. penalty for default in so doing, 842. to give proper officers facilities for inspecting ships fitting for passengers, 847. penalty on master for default, 847. of ])a8senger ship to obtain certificate from emigration oflScer before clear- ance, >i47. and to give bond to Crown, 847. on what decks passengers may be carried, 848. penalty on master for breach of regulation, 848. matters to be attended to before passenger ship sails from United King- dom, 848. number of passengers to be carried, 848. penalty on master for breach of regulations, 850. lists of passengers carried by any ship to be delivered before clearance, 850. penalty on master for default, 851. "the mastf^r's list," what it is, 850. what he must note upon it, S.oO. to whom and when he must exhibit it, 850. INDKX. cli S H I ni ASTER— cnntin wd. to chi(!f olliccr of customfi, 851. to con.sular officiT at forijij,^ port, 851. penalty on master for default, 851. lists of passengers embiirked after clearance to be delivered by master, 851. miuster tt) add them to "the master's list," 851. and to sign separate lint, 851, contents uf .such li.st, 851. to whom to be delivered, 851. by whom to be countersigned, 851. what Iresh certificate master must obtain in such cases, 852. penalty for noncompliance, 852, passenger ships to be surveyed before clearing out, 852. penalty on, for noncomi)liance, 853. penalty on master for noncompliance with requirements, a.s to construction of beams and decks of passenger ships, 853. as to arrangement and size of berths of such ships, 854. as to berthing of single men in such .ships, 854. as to berthing of numbers and sexes in such ship.s, 855. as to not removing berths till passengers lauded from such ships, 855. as to not allotting and filling proper sixice for hosijital in such ships, 855. as to construction of privies in such ships, 856. as to provision for light and air in such ships, 856. as to regulations for carrying boats, !S57. life boats, 857. life buoys, anchors, and fire-engines in such ships, 857. as to carrying efficient crew in such ship, 857. as to stowage of cargo, stores, and luggage on such ships, 857. as to carrying horses and cattle in such ships, 858 n. (//). as to storing passenger ships with requisite water, provisions, and stores, 862. as to reshipping rejected provisions, stores, or water, 862. as to water tanks or casks for passenger ships, 862. his duties as to the issuing of provisions in pa.sseuger ships, 863, S64, 865, 866. penalty on, for noncompliance, 865, 866. his duty with reference to pa.-^.senger steward, 866. penalty for noncompliance, 8(56, 867. his duty with reference to pa.ssenger cooks and cooking apparatus, S67. penalty for noncompliance, 867. his duty as to carrying interpreters in foreign passenger ships, 867. penalty for noncompliance, 867. his duty with respect to a medical man on a passenger ship, 867. penalty for noncompliance, o67. his duty with j-espect to medicines and medical comforts on passenger ships, 868. penalty for noncompliance, 869. his duty with respect to medical inspection of passenger's mwliciucs, &c., in pas.senger ship, 869. penalty for noncompliance, 870. his duty with respect to relanding passengers on account of sickness, &c., 870. penalty for noncompliance, 870. duties of, with respect to replenishing water, provisions, tec, of passenger ship p\itting back, 873. penalty for noncompliance, 873. such ships to be reported to emigration officer, S74. penalty on for noncompliance, 874. forfeiture of pa.-^scnger bhii>, if master proceeds to sea without certificite of clearance, 874, n. {(/). his liability for expenses for sending on, taking off, or picking up r>asscngers, 875, 876, n. («n. penalty on, for wrongfully landing passengers, S77. his duties with respect to maiutainanue, kc, of passengers after arrival, b77. elii INDEX. SHIPMASTER— fOH^« »e(7. penalty for default, S78. power to, to exact obedience to rules and regulations prescribed for passenger ships, 879. penalty for neglect or refusal to obey, 879. right of, to copies of abstracts of Passenger Acts and Orders in Council, 879. duty to produce copy of Pjissenger Act to passenger, 880. his duties as to posting up abstracts in ship, 680. penalty for default, 860. penalty for defacing, 880. bond to be given by master of passenger ship before clearance, 880, 881. penalty on, for not producing counterparts of contract tickets to emigration otBeer, 883, his iluties as to delivering list of passengers brought into United Kingdom, 887. jienalty for neglect, 887. what such lists must specify, 887. penalty on, for having greater number of persons than allowed by Act, 888. regulations for provisions and water for passengers brought into the United Kingdom, 888. penalty on master for default, 888. power of uuister of home-trade passenger steamship to refuse to receive on board passenger drunk or disorderly, 897. power to master of passenger steamer to apprehend offenders, 899. duty of, to report to Board of Trade accidents to steamship, 899, 900. duty of, to enter collisions in official log, 900. hability of, for damage caused by collisions, 903, 904. his duty as to avoiding. 903. his duty as to entering in official log, 903. in what Court he may be sued, 904. duties of, in cases of coUision, 905, 1001. consequences of default, 906. when obeying authorities of harbour, 907. his duties as to harbour buoys, 907. •when ship is in tow, 907. rights of, in Court of Common Law, when both ships in fault, 910. liability of, when collision result of "inevitable accident," 912. what is " inevitable accident," 912, 913. burden of proof in such cases, 913. when he may be proceeded against personally, in Court of Admiralty, 919. Board of Trade to furnish him with copies of regulations fur preventing col- lisions, 933. duty of, to obey them, 933. consequences of default, 933. breaches of, to imply wilful default, 934. duties of, in case of collision, 990, 1001. to his own ship, 990. when he and crew may quit ship, 990. when he must report accident to steamship to Board of Trade, 993. within what time, 993. how, 993. what report must contain, 993. when and how he must enter collision in official log, 993. by whom entry to be signed, 994. penalty for default, 994. his duties to ship injured in collision, 994, 1001. staying by, 994. what information he must give to master of ship injured, 994. consequences of neglect of these duties, 994. limits of duly, 996. what signals he must use in cases of distress, 1011, 1012. his liability if he uses, or permits any one to use, signals for other pur- poses, 1011. what signals he must use if he needs a pilot, 1011, 1012. r»enalty for using signals for other purpose, 1012. eflbct of concealment of damaged state of ship from tug, 1047. INDEX. cliii SHIPMASTER— conh'Hiwrf. his authority over salvors, 1049. may call in further assistance, 1019. wlien he may resume commaiKl after leaving, 1050. when he may discharge salvors, ItU'.t, 1050. when he may bind crew by agreement fjr salvage, 1064. what proportion of the salvage he receives, 107^5. when he may agree with salvors for abandonment of their lien on ship, &c., 1093, 1094. power to justices to require delivery of certiBcate during inquiry as to wrecks, &c, llu.';. penalty for default, 1106. power to repel by force wreckers attempting to board, 1119. his remedies, 11 "^4, before the Merchant Shipping Act 1854, 1124. the statutable provisions as to, ll'l'i. same remedies for wages as seaman, 625-654, 1126. applies to foreign ship, 1 1 2d. legal right to wages, 1127. rights to wages and provisions, when to begin, 1127. seamen protected from giving vij) certain rights, 1127. not to be dependent on earning of freight, 1127. in case of death, 1128. in case of termination of service by wreck or illness, 1128. not to accrue during refusal to work or imprisonment, 1123. period within which wages to be paid, 1128. mode of reoovering, 11^9. in summary way, 1129. in superior covuts, 1129. abroad, 1129. in Court of Admiralty, 1130. when he is entitled to double pay, 628, 1132. within what time he must sue for wages, 1132. in what cases ho may sue in his own name, 1132, 1133, 1142. his maritime lien for wages and disbursements, 1133, 1134, 1135, 1136. what it is, 1134. for what disbursements, 1 1 34. when he may enforce it, 1134. over what claims it has precedence, 1136, 1137, 1138, 1139. what will cause forfeiture or reduction of his wages, 1140. misconduct, 1140. mere error, 1 1 40. wilful disobedience, 1140. gross misconduct, 1140. when he may sue in his own name, 1142, 1143. on bill of lading, 1143, 1144. on charter party, 1143. for demurrage, 1143, 1144. on deeds, 1144. for primage and average, 1145. when he may sue the shipowners, 1146, 1147. his liabilities, 1148. on contracts entered into for owners, 1148. in United States, 1148. in Europe, 1148. regarded as insurer of goods, 1149. not liable if exclusive credit given to shipowner, 1150, evidence of exflusive credit, 1150. when owner and ship in home port, 1151. on bottomry, 1151, 1152. on deeds, 1151. to seamen, 1151, 1152. for pm-t, light, &c., dues, 1152. on bill of lading, 1 152. to passengers, 1152. for wrongs, 1 1 53. geneaal rule, 1153. div INDEX. SHIPM^ISTER— f(>«//« f?f(7. as common carrier, 1154, 1155. for gooiis, 1155. under bill of lading, 1155, 1156. for wrong stowage, llSti, 1157. for wilful injuries, 1]57. for deviation. 1157. for loss during deviation, 1157. for default of pilot, 115S. for damage caused by collision, 1158. when wrong signals given, 11 5S. Lis liability under the Customs Acts, 1159. how certain disputes in London between master and custom officers to be settled, 1159, 1160. power to commissioners of customs to remit or mitigate penalties, 1159, appeal in such c;ises, 1160. disputes between master and customs officer at outports, 1160. ship to come quickly to place of unlading, 1161. to bring to at stations for boarding oliicers, 11 61. penalty on, for default, 1161. if ship removes improperly, 1161. if master does not provide accommodation for customs officer, 1161. if goods found concealed on board, 1161. if officers' locks, &c., broken, &c., 1161. if goods secretly conveyed away, 1161. or if seals, &c., on stores broken, &c., 1162. or if stores secretly removed, 1162. duty of master of ships bringing merchandise from beyond the seas to re2>ort, 1163. within what time, 1163. form of report, 1163. penalty for not making, 1164. of commissioned ships having goods on board to deliver an account, 1164. contents of, 1164, 1165. penalty for not making, 1165. liability of such ships to search, 1165. duty of master of ship arriving from beyond seas, to deliver to customs officer bills of lading, 1165. and to answer questions, 1165. I'enalty on him, in case of default, 1165. or if bill or copy false, 1165. or if goods therein not .shipped, 1165. or if not signed by him, 1 165. or not before leaving place of shipment, 1165. or if within four leagues of United Kingdom, bulk is broken, 1165. or if alteratit)n is mau«rf. duty of master not to sail from Cliannel Islands without clearance, 11G9. and to give bond in such casu, if ship sails with cargo, llOy. forfeiture on default, llti9. name of, to be painted, in what boats, 1170. penalty on, for fraudident import entries, 117-1. and fi>r concealments, 1174. duty to brin^ to, on being chased by preventive service, 1175. not bringing to, may be fired into, 1175. liability of ships within limits of ports to be searched, 117*j. notice to be given by seizing ollicer to master or shipowner, 117'3. within what time seizures to be claimed, 1170. powers to commissioners to restore seizures, 1176. SHIPOWNERS, duty of, as to appointment of master, 24. in whom right of appointment is vested, 25. duty of, in selection of master, 25. responsibility of, for master's acts, 25. effect of change of ownersliip, 26. what owners may remove master, 54. their duty, before the commencement of a voyage, 77. to see that ship is fit for employment, 77. warranty in policy, that ship is seaworthy, 7^, 80, 81. no contract with, or duty to seamen that ship is seaworthy, 78. shipper's remedy against, for unseaworthiness, 79. charterer's remedy against, for unseaworthiness, 79. eifect on policy of luiseaworthiness, 80, 81. meaning of seaworthiness, and how it varies, 82-92. (See I'iCaworthiaess.) their duties as to projiaration of ship for sea, 93. as to medical stores, 93. lime or lemon-juice and anti-scorbutics, 94. boats and life-buoys, 97. lights and fog signals, 97. rules as to production of agreements and certificates for home-trade ships, 104. duty of, to deliver manifest of goods shipped, 111. penalty on, for concealment of Liritish or assumption of foreign character, 125. for not transmitting or delivering official log of home-trade ship, 132. for not sending home official log, in Ciuses of transfer, change of employ- ment, and loss, 133. for carrying improper colours, 137. their rights to demurrage, 151. consequences of delay to, 191, 192. primd facie liable for damage to goods, 276. duties and powera of master with respect to cargo, as agent of, 256. when master should tranship as agent of, 287-269. their lien for freight, 318. (See Shipmaster and Lien.) what it is, 318. ■when it exists, 320. for what amount of freight it may be enforced, 326. what lien they have, when ship is chartered, 327-335. how it may be lost or extinguished, 335. power to, to enter and land goods in default of entry and landing by owner of good.*, 355. how they may preserve their lien, .after goods are landed, 357. effect of the bill of lading upon the liabilities of owners, 405. •when master may bind owners, by master's personal contracts, 472-489. for matters which are necessary for the prosecution of the voyage, 479. ' generally when master may do this, 479. for necessary repairs and supplies, 481. for money borrowed, 483. when owners or their agent can interfere, 486. what owners are made liable, 490. when master may sell owners' ship, 493-498. clvi INDEX. SHIPOWNERS— c)M^-;(K 'J .. 7, 33,571. 'i, .. 571. (), .. 1. 7. 2. 8, 2 .'>92. '•), .. 3*, 592. 10, . 3, 11, . .. 3. 12, . 4. .. 13, .. 5, 126, 14, . .. 5. .. 15, .. 6. .. Irt. .. 6. .. 44, .. 127. 45, .. 127. - 4.i, .. 127. .. 47, .. 127. .. 48, .. 127. 49, .. 127. .. 50. ., 127. .. 51, .. 127. .. 52, .. 127. .. 53, .. 127. 54, .. 127. .. 55, .. 543. 56, .. 54:i. .. 102, .. 103. .. 103, .. 125. .. 105, .. 137. .. 109, .. 573. .. 110, .. 8. .. Ill, .. 9. .. 112, .. 10. .. 11:^, . 11. .. 114, .. 11. .. 115, .. 11. .. ll's .. 11. .. 117, . 12. .. lis, .. 12. .. 119, .. 12. .. 120, .. 12. .. 121, .. Vi. .. 122, .. 14. .. 123, . I'u .. 124, .. \r<. .. 125, .. Mu .. 12«), .. 16. .. 127, .. 1-;. .. 12fi, .. 17. .. 129. ... 17. .. 13'l, ... 17. .. 131, .. 7, 32, 35. clxii INDEX. STATUTES— (•on/»nw«/. 17 i 18 Vict. c. 104, sect. 132, page 36. ... 133, ... 36. ... 134, ... 34, 37. ... 135, ... 38. ... 136, ... 33, 38. ... 1:^7, ... 38. ... 138, ... 39. ... 139. ... 39. ... 140, ... 39. ... 141. .. 584. ... 142. .. 584. ... 143, .. 585. ... 144, .. 586. ... 145, ... 587. ... 146, .. 589. ... 147, ,. 690. ... 148, .. 590. ... 149, .. 127, 581, 591. ... 150, ... 127, 5'.i3, 620. ... 151, .. 127, 593, 621. ... 152, .. 127, 594, 621. .. 153, .. 127, 594, 621. ... 154, .. 127, 594, 622. ... 155, .. 127,594,622. ... 156, .. 127, 595, 622. ... 157, ... 127, 595, 622. ... 158, .. 127, 595, 623. ... 159. .. 127, 596, 623. ... 160, .. 127, f-96, 624. ... 161, .. 41, 104, 127, 232, 597. ... 162, .. 42, 105, 127, 598, 653. ... 163, .. 127, 604. ... 164, .. 127, 604. ... 165, .. 127, 605. ... 166, .. 127, 605. ... 167, .. 127, 605, 631, 636, 649. ... 168, .. 607. ... 169, .. 608. ... 170, .. 613. ... 171, .. 614. ... 172, .. 614. ... 173, .. 615. ... 174, .. 615. ... 175, .. 616. ... 176, .. 617. ... 177, .. 618. ... 178, .. 619. ... 179, .. 619. ... 180, .. 619. ... 181, .. 603, 625, 1127. ... 182, . 626, 629, 638, 1018, 1062, 1080, 1127 ... 183, .. 627, 630, 712, 1127. ... 184, . 627, 1128. ... 185, .. 612, 627, 630, 632, 63.5, 037, 1128. ... 186, .. 627, 703, 712, 1128. ... 187, .. 628, 629, 1129. ... 188, .. 645, 1129. ... 189, .. 646, 11-29. ... 190, .. 64 6, 1130. ... 191, .. 646, 1126. ... 192, .. 6.0.5. ... 193, .. 656. ... 194, .. 657. ... 1 9.5, . . 660. ... 196, .. 660. INDEX. clxiii ^TXTVTKB-cvJitlvucd. 17 & 18 Vict. c. 101, St ct. ]f>7, paye G«]. .. ]»3. 661. .. 199, 662. .. 200, .. 6i>3. .. 201, . 66.'}. .. 202, .. 665. .. 20.5, .. 60.5. .. 204, .. 666. .. 205, .. 668, . . 200, .. 668. .. 207, .. 610, 669, 702. .. 208, .. 610, 669. .. 209, .. 702, 670. .. 210, .. 671. .. :ill, .. 672. .. 212, .. 674. .. 213, .. 675. .. 214, .. 637, 67S, 710. .. 215 .. 679. .. 216, .. 680. .. 217, .. 6S0. .. 218, .. 681. .. 219, .. 681. ,. 220, .. 682. .. 221, .. 684. .. 222, .. »i84. .. 223, .. 685. .. 225, .. 685. .. 22(5; .. 686. 228 .. 627, 687. .. 229,' .. 627, 688. .. 230, .. 688. .. 232, .. 697,707. .. 233, ., 625, 697, 1013. .. 2:U, .. 697. .. 23.i, .. 698. .. 236, .. 698. .. 237, .. 698. .. 238, .. 698. .. 239, ., 29, 60, 713. .. 240, .- 29,55. .. 241, .. .56. .. 242, .. 57. ., 243, .. 634,705, 713, 71 .. 244, .. 701, 717. .. 245. .. 717. .. 246, .. 718. .. 247, .. 718. .. 248, .. 718. ,. 249, .. 719. .. 250, .. 719. .. 251, .. 720. .. 252, .. 720. .. 253, .. 720. .. '-'54, .. 702. 705, 721. .. 255, .. 721. .. 256, .. 722. .. 258. . 722. .. 259. .. 59, 13.^., 7.3. .. 2;o, .. 19. .. 261, .. 20. .. 2G2, .. 20. .. 263, .. 21,29,59, 617. .. 264, .. 21. .. 265, .. 22. 1 2 ,lxiv INDKX. ST ATUTES— ag e 4r,, 747. .. 344, .. 45, 718. .. 3J5. .. 750. ., 346, .. 751. .. 347, .. 751. .. 348, .. 751. .. 349, .. 751. .. 350, .. 751. .. 351. .. 752. .. 352, .. 753. .. 353, .. 762, 76.';. .. 354, .. . 748, 761, 77:J .. 355, .. 7-19, 7<15, 77."; .. 366, .. . 796. .. 357, .. . 790. .. 358, .. 796. .. 359, .. 799. .. 360, .. 799. .. 361, .. 799. .. 362, .. . 774,799. .. 363, .. . 800. .. 364, .. . 800. .. 365, .. . 802. .. 366, .. . 802. .. 367, .. . 803. .. 368, .. . 804. .. 369, .. . 806. .. 370, .. . 786,807. .. 371, .. 807. .. 372, .. . 807. .. 37-3, . . 808. .. 374, .. . 808. .. 375, .. . 808. .. 376, .. . 765, 809. .. 377, .. . 809. .. 378, .. 786, 810. .. 379, .. . 771, 810. .. 381, .. . 811. .. 382, .. . 811. .. 383, .. 812. .. 384, .. 812. .. 385, .. 813. .. 386, .. 813. .. 3S7, .. 814. .. 388, .. 765, 784, 7S9 .. 400, .. . 105. .. 401, .. 138, 139. .. 432, . 110-1. .. 433. .. 1104. .. 434, .. . 1105. .. 435, .. . 110,5. .. 436, .. . 110.5. .. 437, .. . 1105. .. 438, .. . 1106. .. 439, .. . llOii. .. 440, .. 1106. .. 441, .. . 1107. .. 442, .. . 1107. .. 443, .. . 1107. .. 444, .. . 1108. .. 44.5, .. 11 OH. .. 446, .. . 1109. .. 447, .. . 1109. . . 448, . . 1110. ... 449, . . 1110. ,lxvi INDEX. STATUTES— cmitimtrd. 17 & IS Vict, c. 104, sect. 450, page 1085, 1111. ... 451, .. 1111. ... 452, .. 1112. ... 453, .. 1112. ... 454, .. 1112. ... 455, .. 1113. ... 456, .. 1113. ... 457, .. . 1113. ... 458, .. . 1003, 1004, 1005. ... 459, .. . 1005. ... 460, .. . 1097. ... 461, .. . 1099. ... 46-2, .. . 1099. ... 463, . . 1099. ... 464, . . 1099. ... 465, .. . 1100. ... 466, .. . 1078, 1100, ni4. ... 467, . . 1078, 1100.1114. ... 468, . 1101, 1115. ... 469, . . 1102, 1116. .. 470, . . 1102, 1116. ... 471, . . 1116. ... 472, . . 1116. ... 473, . . 1117. ... 474, . . 1117. ... 475, . . 1117. ... 476, . . 1102. ... 477, . .. 1118. ... 478, . . 1119. ... 479, . . 1119. ... 484, . .. 1030. ... 485, . .. 1031. ... 486, . .. 1033, 1094. ... 487, . .. 1033. ... 488, . .. 1034. ... 489, . .. 1034. ... 490, . .. 1034. ... 491, . .. 1034. ... 492, .. 1035. ... 493, .. 1035. ... 494, .. 1035. ... 495, .. 103.5. ... 496, .. 1036. ... 497, .. 1036, 1091, 1094. ... 498, .. 1077, 1079. ... 517, .. 65, 724. ... 518, .. 67, 726. ... 519, .. 67, 645, 726. ... 520, .. 68, 726. ... 521, .. 68, 727. ... 522, .. 68,727. ... 523, .. 68, 727. ... 524, .. 69,728. ... 525, .. 70, 647, 729. ... 526, ... 70, 729. ... 527, ... 71,730, 915, 916, 939 ... 528, ... 71, 730, 916, 939. .. 529, ... 71,730,917,939. 544, ... 606. 17 & 18 Vict. c. 120, . 7, . 1005. . . 16, .. 675. 18 k 19 Vict. c. 91, ... !«, .. 672. ... 18, ... 22. ... '"J, ... 1104, 1120. ... 20, ... 1037,1120. INDEX. clzvii STATVTEH—eontinued. 18 & 19 Vict. 0. 91, sect. 21,pape64, 65. '/■2, 675, 676. '-•'. 075, 677 18&19 Vict. c. 96, y, . 107, 2S0 11, . . 107, 118. 13, . . 107. .. 25, . . 1172. .. 26, . . 1178. .. 27, . . 1178. .. 28, . . 1174. .. 44, . 117. 18 & 19 Vict. c. 111. 1, 402. 2, , 401. ' 3, . . 371. 18 & 19 Vict. c. 119, ■2, . . 843. 3, . . 845. 4, . . 846. 6, . . 846. .. 10, . . 847. 11, . . 848. .. 13, . . 848. 14, . . 850. .. 16, . . 851. .. 17, . . 862. 18, . . 852. 19, . . 853. .. 20, . . 854. .. 21, . . 854. .. 22, . . 855. .. 23, . . 855. .. 24, . . 855. 25, . . 856. .. 26, . . 856. .. 27, . . 857, 853. 28, . . 858. .. 29, . . 860. 30, . . 861. .. 31, . . 862. .. 32, . . 862. .. 33, . . 863. .. 34, . . 863. .. 35. . 865. .. 36, . . 866. .. 37, . . 866. .. 38, . . 867. .. 39, . . 867. 40, . . 867. .. 41, 868. .. 42, . . 868. .. 43, . . 869. 44, . . 870. .. 45, . 870. .. 46, . . 871. .. 47, . . S71. 48, . . 826, 872. 49. . . 873. 50, . . 874. 62, . . 877. .. 55, . . 877. .. 56. . . 877. 57, . . 878. 58, . . 878. .. 59, . 879. 60, . . 879. .. 61, . 880. cLwiii INDEX. 2S —confinitcd. IS & 19 Vict. c. 119, sect. 62, page 880. 63, ... 881. 64, ... 881. 65, ... 881. 70, ... 882. 71, ... 8S-'. 72, ... 883. 73, ... SS3. ■ 74, ... 883, 95, ... 881. 96, ... 835. 97, ... 885. 9», ... 886. 99, ... 887. 100, ... 888. 101, ... SS8. 102, ... 888. 103, ... 889. 19 & 20 Vict. c. 41, ;.' 5, .. 665. 19 & 20 Vict. c. 97, ... 5 424, 8,' .'.".' 487,531. 22 & 23 Vict. c. 37, ■.■.■. 4, ... lOS. 5, ... 108. 6, ... 1174. 24 & 25 Vict. c. 10, .'.'.' 2, ... 644, 7, ... 915. 9, ... 1004. 10, ... 645, 648, 649,1130. 35, ... 645, 619, 11^0. 24 & 25 Vict. c. 97, .;.■ 42, ... 225. 43, ... 225. 44, ... 226. 45, ... 226. 46, ... 226. 47, ... 227. 24 & 25 Vict. c. 100, ... 13, ... 224. 25 <3c 26 Vict. c. 63, ... 2, ... 897. 5, .. 46. 6, ... 46. 7, ... 46. 8, ... 47. 9, ... 47. 10, ... 48. 11, ... 48. 12, ... 48. 13, ... 38,573. 713,723. 14, ... 13. 15, ... 17,232, 16, ... 18. 17, ... 3.^40. 18, ... 626, 1018, 1062, 1080. 19, ... 670. 20, ... 61. 21, ... 657, 658. 22, ... 673. 23, ... 57,58, 1105. 24, ... 58. 25, ... 932. 26, ... 933. 27, ... 903, 933. 28, ... 905, 933, 30, ... 936. 31, ... 936. 32, ... 937. 33, ... 991. 995, 1001. INDEX. clxij STiVrUTFJi— continued. 2o ii 20 Vict. c. G3, sect. 33, page 787, 924. / 35, . . 899. 36, .. . 899. . 37, . . 899. . 38, . . 9U1. 39, . . 739,740, 741, 742. 40, . . 743. 41, . . 770,773,810. 49, . . 1079, 101*7, 1104, 1121 . 50, . . 11 22. 51, . . 1122. . 52, . . 1122. . 53, . . 1123. 54, . . 921,924. . 67, . .. 937. . 58, . . 937. 5», . . loo5. . 61, . . 938. . 50, . . 1069,1106. . 51, . .. 1106. . 52, . ., 1106. . 53, . . 1106. . 67, . .. 357. 68, . . . 357. . 69, . .. 357. . 70, . .. 357. . 71, . .. 357. . 72, . .. 358. . 73, . .. 358. . 74, . .. 359. . 75, . .. 359. 76, . .. 359. 77, . .. 360. 7S, . .. 360. 26 & 27 Vict. c. 51, ■. 3, . .. 844. 4, . .. 845. 5, . .. 849. 6, . .. 850. 7, . .. 852. 8, ■ .. 858. 9, . .. 864, 865. 10, . .. 865. 11, .. 871. 12, . .. 848,874. .. 13, . .. 874. 14, . .. 874. . 15, . .. 875. . 16, . .. 876. . 17, . .. 880. 18, . .. 880. 26 & 27 Vict. 0. 116, ". 11, .. 1076,1078. 28 &. 29 Vict. c. Sti, . 2. .. 629. 30 & 31 Vict. c. 5l>, . i! . .. 219. 30 & 31 Vict. c. 82, . 12, .. 117. .. 27, .. 118. 30 & 31 Vict. c. 124, '. 2 .. 688. '.'. z .. 96, 6SS, 691. .. 5, .. 691. 6, .. 692. 7, .. 692. 8. . .. 692, 693. 9i .. 694. "' lo'. .. 695. 31 & ;i2 Vict. .-. 71. 3. . .. 645. 1079. lloO. 5, .. 1079. clxx INDEX. ST ATUTES— roJi^/H ui'd. o'2 & ^o Vict. c. 1 1 , sect. 8, >age 50, 51. 33 iV 34 Vict. c. 9.">, ... 3, ... il6l. 33 & 34 Vict. c. 97, ... 3, ... 56,363. oi & 35 Vict. 0. 110, ... 5, ... 99. 7, ... 577. 8, ... 577. 11, ... 577. 1-2, ... 578. 13, ... 579. 14, ... 580. 34 & 35 Vict. c. 103, ..'. 11, ... 111. 12, ... 112. 13, ... 112. 14, ... 113. 15, ... 107, li3. 2i k 35 Vict. c. no, ... 7, ... 716. So & 36 Vict. c. 73, ... 5, ... 846. 6, ... 846. 7, ... 846,847. S. ... 834. ... 9, ... 796.804. 10, ... ^06. 11, ... 743. 13, ... 834. 14, ... 835. 15, ... 835, 853. 16, ... 592, 593. 36 k 37 Vict. c. 85, "."'. 7, ... 591. 8, ... 591. 9, ... f.77, 716. 16, ... 906, 924, 995. 17, ... 905,934. 18, ... 753, 1008,1011, 101.5. 19, ... 753, 1011, 1012, 1015 20, ... 754. 23, ... 278. 24, ... 279. 25, ... 279. 26, ... 279. 27, ... 279. 28, ... '279. 33, ... 994, 1001. STF.AM PASSENGER SHIPS, regulati. when owners to have surveys made by shipwright and engineer surveyor, 836. STEVEDORKS, •what they are, 272. masttr should be a competent stevedore, 272, TNDKX. clxxi STEW EBORE^— continued. who liable for bad atowage, when stevedore is appuiuted, 273, 274, '275. by whom appointed, '17o. STIPENDIARY MAGISTRATE, power of, 67. to have saiue power as two justices in punishment of olTfiices by seamen, 72t). j\iri.s(liuti(>n in salvage cases, luy.s. when investigations as to wrecks and casualties to take place before, 11 Uj. what reamneration he is to receive for such services, 11 u5. out of wliat fund, 1 l, mere insolvency of c6, 437. to whom notice must be given, 437. when it must be given, 437. by what agent it may be given, 438. liability of master if he does not obey notice, 439. how long the transit and right to stop continue, 44 U. the general rule, 440, 441, 442, 443. delivery to consignee's agent to forward, 442. arrival at destination, 442. master beginning unloading, 442. consignee obtaining possession by consent of master. 4 13. demand of goods on voyage and tender of freight, 443. right will not revive, 444. what 16 such a taking jiossession of the goods by the consignee or his agent to keep as to put an end to right, 414. clxxii INDEX. SrOPPAGE IX TEA Xsirr— continued. both ooiisiguor and consignee must have assented to the possession of con- signee, 445, 44G, 447, 446. deUvery on consignee's ship controlled by bill of lading, 44,">. or by demand of receipt, 446. where something remains to bo done by consignor to put goods in condition for delivery, 44t>. but goods need not come to corporal touch of consignee, 449. when merely touching, marking, or sam[)ling sutHeieut, 449. at what place delivery may be, to put an eni^l to right, 450. into what ship such ilelivery may be, 451. to what agent sucii delivery may be, 45'J, 453. wlien delivery of part is suthcient to put an end to right, 45-1, 455, 456, 457, 45s. bow the right may be defeated, 459. generally, 45it. consignee taking goods with consent of master, 459. not by transfer of shipping note or delivery order, 459. nor by legal process against consignee, 459. nor by assertion of general lien, 4.jy. nor by mere sale to third person, 460. when transfer or pledge of the bill of lading puts an end to the right, 460, 461, 462. when transfer of the bill does not put an end to right, 462, 463, 464. master's duties as to delivery, when notice to stop has been given, 466, 467, 46S. his liabilities, if he disobeys n(jtice, 467, 469. how master may protect himself against consui^ueuccs of misdelivery, 469. effect of exercise of right on contract of sale, 470. STOWA'JE, whose duty it is, 269, 270. master's liability for wrong stowage, 1156, 1157. SUNDAYS, goods not to be shipped on, 280. wiien calculated in lay or running days, 155. SUPER! NTKNDENTS OF MERCANTILE MARINE OFFICES, formerly called shijjping masters, 4. what retuins or reports they must make or send to Board of Trade, 4. what books and documents they must produce to Board of Trade, 4. powers of, when he suspects that laws of shipping, seaiuen or navigation not com, lied with, 4. penalty on, for taking other remuneration tiian allowed fees, 16. when Board of Trade may dispense with their superintendence, 1 7. production to, of agreements and certificates of masters and mates, 40, 41, 42, 103, 101, lu5. duties thereupon, 40, 41, 42, 103, 104, 105, 596, 597, 598. duty to inquire into cause of death on board, 62. their ix>wer8 for this purpose, '2. power U) inspect ships' documents and muster crews, and to examine master, tnaater'B duty as to delivery to, of agreement with crew on arrival of ship, 232. as to delivery to, of lists of foieigii-g(jing ships on arrival, 233, 234. and of home-trade ships half yearly, 2^4. as to sending lists home to, in case of transfer or loss of .ship, 234. official logs to be delivered to, in what cases, 235. to assist in binding apprentices, 684. to receive fees, 584. apprentices and their indejitures til be brought before, before each voyage in foreign-going ship, ;^86. INDi:X. dxxiii SUrEUlXTEXDENTS OF MI^KCANTILE xMARINE OFFICES— co>t/i«i("/. penalty for (U-fiiiilt, 5a7. when seauieu'fi agreements for foreign-g'jing ships to be maile and attested before, 592. in case of wubrititutes for seamen, whose services are lost within tweuty- four hours of whips putting to sea, 593. when seamen's agi-eemeiit for home-trade ships entered into before, 594. what master is to produce to, on signing agreement with crew, 59ti. duties of .-uperinteudents thereupon, 597- duties of, in ca.se of running agreements, 597 duties of master of forei-n-going ship, to deliver agreement with crew to, at port of destination, 597. duties of .superintendent thereui)on, 597. rules as to production of agreements and certificates for home-trade and home- trade passenger ships, 593. duties of superintendi nt thereupon, 59S. may decide questions between master or owner and seamen, 614. his award does not retpiire stamp, 014 document jjin-porting to he jmmdj'dcie evidence, 614. power to call for production of ship's papers, &c., 615. to examine persons, fjl5. penalty for not producing or not appearing to give evidence, 615. on settlement of wages, release to be signed before, 615. on payments made before, voucher to be given to master and to be evidence, 616. on discharge before, nia.ster to make reports of character, 616. what superintendent to do with such reports, 616. persons making false certificate oi- repcjrt guilty of misdemeanor, 6 1 7. penalty for issuing money orders with fraudulent intent, 619. SUPrLIES, when master may bind shipowner for necessary supplies, 481. sruvEY of ships alleged by seamen to be unseaworthy, 57.5, 576. when it may be directed by Court, 575, 576. cost-s of such survey, 576. when it may be directed by Naval Court, 577. whon it may be directed by Board of Trade, 577, 578, 579, 530. Ci'.^ts of such survey. 578. liability of Board of Trade to pay, if ship seaworthy, 579. security for costs, 579. of passenger steamers, 835. SURVEYOR , 1 , ,. , -r appointed by Board of Trade, when he may be employed by Lourt, j<0. of passenger steamei"s, 835. their remuneration, 835. their power.-?, S35. their mode of making surveys, 835. fees to be paid for same, S3 4 n. (/»). to whom to be {aid, 834 n. {b). when and how to be paid, 834 u. (h). to what fund to be cariied, 834 n. {h). how salaries of surveyors and expenses to be defrayed, 831 n. \l>). penalties on, for receiving fees unlawfully, 836. shipwright .•surveyors, 83'!. what declaiations they may give to owner of passenger steamer, 8o6. what particulars such declarations must contidn, 836. engineer surveyors, S3ti. ^ what declarations tliey may give said owner. 83 <, clxxiv IN])KX. SURVKYOK— (V/('/Hi«'rt'. what particulars tbeir declarations should contain, 837. such declarations to be transmitted to Board of Trade, 837. penalty on owners for delay. 837. times appointed for surveys, 837. and for transmission of declarations, 837. certificates to be issued by Board of Trade on receipt of, 838. fees to be paid for, b39. how long they continue in force, 839. to be placed in conspicuous part of ship, 840. what returns thej' are to make of particulars of steamships 8i2. owners and miusters to give information and assistance. .>4"2. powers of surveyors of Board of Trade to inspect ships, to enforce regulations to avoid collisions, 935. their duties, if ship not properly provided, 935. "THE ADMIRALTY," meaning of the term in Merchant Shipping Act 1854, i)*jO. THE BOARD OF TKADE," meaning of the term in Merchant Shi[i[)ing Act 1854, 570. (tiee Board of Trade.) THE KING'S ENEMIES," meaning of, in bill of lading, 416, 417. 'THE PORT OF DUBLIN CORPORATION," meaning of the terra, in Merchant Shipping Act 1S54, 570. "THK TRK.\SURY," raeauing of, in Merchant Shipping Act 18,54, 5t;9. THE TRINITY HOUSE, meaning of the term, in Merchant Shipping Act 1854, 570, 732. gemral power of, 805. to modify rule as to pilotage rates, 805. alteration of payments made to Trinity House pilotage fund by Cinque Ports pilots, So4. to appoint sub-commis,sioners, 806. powers and duties of, b06. to license jnlots to act within cerfciin limits, 806. publication of notice of licences of pilots, S07. boud.i to be given. 807. limitation of liaVjility of pilots who have executed such bonds, 807. continuance of licences, 808. renewal of such licences, 808. ]-K)wer to revoke and suspenil licences, 808. compulsory pilotage (Tiinity House), 808. penalty on masters employing unlicensed pilots or acting as pilot, in Trinity House districts, 808. power to make regulations for supply of pilots at Dungeiicss, 809. .ship coming past at Dungeness not having pilot, to take first who ofl'ers, 809. penalty on masters for failing to display usual signal in such cases, 810. •:x43. what converts service into salvage .service, 1043, ION, 1015. instances, in which salvage has been awardeil, lOIO. when tug may repudiate towing contract, lo.l7. and sue for salvage, 1047. INDEX. UNDKUWUITEKS, uiaster's duties to, on abandonment, 228. to do ;ill he can to avei't total loss, 229. UNSEAWORTHINESS, sbiiiper's remedy for, 79. charterer's remedy for, 79. implied warranty of. 80. onus of proof of, 86. UPPER PASSENGER DECK. meaning of, in Passenger Acts, 844. VICTUALLING BILL for store.s, when and how master may obtain it, 115. from whom, 1 15. VOYAGE, master's duties on voyage," 72-2.t1. change of, and its cH'ect on policj^, Ti8, 169, 170. computation of, for passenger ships, 860. WAGES OF MASTER, what forfeits, 51, 1140. wholly, 51, 1140. partially, 52. rcniedie.s for, 1 '26. legal rights to. 1127. in ca.se of death, 1128. illness, 1 1 2^. termination of service by wreck or illness, 1128. during refusal to work, 1 128. duiing imprisonment. 1128. period within which wages to be paid, 1128. mode of recovering, 11 "iO, 1131. in summary manner, 1129. in superior courts, 1129, 1131. in Admiralty Court, 1131. restriction.; on such suits, 1129. abroad, 1129. nia.>ter'rt maritime lien for, 1130, 1133. within what time he mu-st sue for, 1132. wh';n he may sue, 1136. what causes forfeiture or reduction of, 1140. misconduct, 1140. not mere error, 1 1 40. wilful disoVjedience, 1140. gros.s misconduct, 1 1 40. W.V ;ES of SEAMEN, jly of, when such ship touches at intermediate ports, to fdl up water, 863. AVRFX'K, in case of, what master must do for cargo, 267. when he may sell cargo, 283. meaning of "wreck" in 17 & 18 Vict. c. 104, 1103. iu wliat cases inquiries to be in.stituted concerning, 1103, formal investigation before justices, 1104. when to take place, 11()4. powers of justices, 1104. duty to send report to Board of Trade, 1104. contents of report, 1104. power to Board of Trade to appoint nautical assessor, 1104. when investigation to take place before stipendiary magistrate, 1105. costs of investigations, 1105. investigations in Scotland, 1105. powers to justices, &c., to require delivery of master's or mate's certifi- cates during inquiry, 1105. when jiuitices should forward them to Board of Trade, 1106. power to Board of Trade to appoint receiver, 1106. no other person exercising Admiralty jurisdiction to interfere, 1106. duty of receiver when ship .stranded or in distress, 1106. powers of receiver in caee of accident to ship oi' boat, llil7. articles washed on ehore, or lost, or taken from ship, &c., to lie delivered to receiver, 1107. what persons to exercise powers of receiver in his absence, 1108. power to pass over adjoining land with carriages, 1108. penalty on owners and occupiers opposing, 1 1 09. rules to be observed by persons finding wreck, 1110. power of receiver to seize concealed wreck, 1111. notice of wreck to be given by receiver, 1111. subject t() what payments owner is entitled to wreck, 1116. unclaimed wreck, 1116. to whom receiver is to deliver, 1116. how disputed title to be decided, 1116. appeal from decision, 1116. power of I'oard of Trade, on behalf of Crown, to purchase rights to, 1117. uncLiimed wreck to be sold, 1117. how receiver is to dispose of proceeds, 1117. ^flences in respect of wreck, 1117. wreck being plundered by tumultuous .assemblj', 1118. I*€nalty for plundering in case of wreck, 1119. for oljstructing the saving of wrecked property, 1119. . for secreting same, 1119. ** INDEX. clxiix WRECK— conHmied. power to master to repel by force persons attempting to board, 1119. penalty for .selling wreck in forc^ign [)art.s, 1119. remuneration for service.s by coa.stguard, 1120. delivery of by receiver not to prejudice title to, 1122. receiver to be discharged from liability, 1122. Crown rights to, 1122, 1123. THE F.ND. r.RADBlRV, AGNEW, * eO., PRISTER.'S, WHITEFRIARS. I i A CATALOGUE OF NEW AND IMPORTANT LAW WOEKS PUBLISHED AND SOLD RY ST E FENS & HATNES, fall) ^uWisIjcrs, '|ioolisclkrs ^ ^^'portcrs, BELL YARD, TEMPLE BAR, LONDON. BOOKS BOUND IN THE BEST BINDINGS. Works in all Classes of Literature supplied to Order. FOREIGN BOOKS IMPORTED. LIBRARIES VALUED FOR PROBATE, PARTNERSHIP, AND OTHER PURPOSES. LIBRARIES OR SIViALL COLLECTIONS OF BOOKS PURCHASED. 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ADMIRALTY LAW— lones 21 "Kay 23 I'nited States Reports ... 41 AGEN'CY— Story 40 AGRICULTURAL HOLDINGS— Brown 20 AMERICAN REPORTS , . 37-41 AMERICAN TREATISES . . 37-41 APPELLATE JURISDICTION— Turner 42 ARTICLED CLERKS— S should be on the shelves of any lawyer who assumes to have a useful and reliable library' of modem law." — Canada Laiu Journal. " Mr. Urice writes with knowledge and with pre- cision ; and his volume is probably as good as was possible in the present stage of the Taw." — T/^ \ Daily Xrws. ; '* A giiide of very great value. Much information [ on a difficult and unattractive subject has been 1 collected and arranged in a manner which will be ' of great assistance to the seeker after the l.iw on a 1 point involving the powers of a company." — Law "Journal. "Mr. Brice himself calls his work an attempt to reduce a vast mass of authorities to something like order, and to deduce from them some general con- clusions. To our mind it is a very creditable and courageous attempt, and really of the same class as those which started our present excellent ttxt-books in other branches of the law. But here the author has chosen for himself a subject of great difficulty, and one in which he will find it difficult to interest the general student. The doctrine of Ultra Vires is of very modern growth, and took its rise in the attempt of our Courts to make old law fit a new state of facts by using and refining upon a maxim. The doctrine is thus, as Mr. Brice says, purely the creature of judicial decisions, and for this reason it forms a most embarrassing and awkward subject for any legal writer. In this case the author has certainly worked hard, and displayed great industry and research. He h.is endeavoured, and that suc- cessfully, to force his subject into some logical order, and to arrange a mass of vague decisions under diflerent heads as clearly as was possible. He has, at all events, laid the foundation for, per- haps, a more complete and systematic text-book ; which at some future time, when the Courts are themselves more logical in their decisions, will be written. He has certainly called attention to a most important branch of our law, which h.is hitherto been niuch neglected. It is a branch, also, which is daily growing in importance with the growth of Corporations and the increase of Joint Stock Com- panies. To investigate the pi inciples which limit their capacity, power, and liabilities, is certainly a task worthy of the undertaking by any lawyer, more c^pecially at the present time. We con>;ratulate Mr. Brice on his success in so far a.s he has gone, and look forward to the time when some future edition of his wurk >.hall, the law itself on Ultra Vires having become more settled, be considered as one of our standard works upon its own special subject."— y/j^ Law. " It is an exceedingly valuable work at this time when the rights and powers of Corporations are matters of so much interest in the L uited States, as Well as in Great Britain, .\nd its manifold ca^cs furnish .is intere-ting reading to the bu.sincss man generally as to the lawyer or justice."— A'w/<7« {,{/. S.) Journal 0/ Com me'xf. STEVENS & HAYNES, BELL TABD, TEMPLE BAK. Just published, one thick volume, 8vo., cloth, 2ls., ENGLISH CONSTITUTIONAL HISTORY. .ilcsuilub us a (Lc^-t-gooh for .Stubcuts uni) (Dtbcrs. BY T. p. TASWELL-LANGMEAD, B.C.L., Of Lincoln's Inn, Barrister-at-Law, late A'inerian Scholar in the University of Oxford, and Tancred Student in Common Law. Extracts from some Revieivs of this Work :- - "Mr. Taswell-Langmead has produced a useful and convenient text-Look on the historical development of our political institutions. It is well written, carefully arranged, and supplies a trustwortliy and fairly full outline of the subject of which the author treats ; valuable alike for the purposes of refreshing the memoiy of tliose to whom it is still already familiar, and of directing the curiosity of those to whom it is still new. The book is of course a compilation. But it is a judicious compilation, and a compilation from the best authorities. Mr. Taswell-Langmead has drawn freely upon Mr. Hallam, Sir Erskine May, Mr. Freeman, and Professor Stubbs. But he has done more than merely borrow facts and phrases from his authors. He has caught the spirit of recent historical research, at once minute in its accuracy and wide in the views it suggests, of which Mr. Freeman and Professor Stubbs are among the most eminent exponents, and of the effects of which in their writings they have given some of the most conspicuous examples. On the whole, we think Mr. Taswell-Langmead may be congratulated upon having compiled an elemen- tary work of conspicuous merit." — Pa// Mai/ Gazette. " Here is a book against which there is not a word to be said. . . . It is a remarkably good specimen of its class. . . . The matter of Mr. Taswell-Langmead's book is almost always very good. He has got up his subject exceedingly well, and in a manner highly creditable to his own studies." — Sattirday Revinu. " It bears marks of great industry on the part of the compiler, and is most completely stocked with all the important facts in the Constitutional History of England, which are detailed with much conciseness and accuracy, . . . and is very full and clear." — Spectator. " We may therefore state shortly the opinion which we have formed, that Mr. Lang- mead was thoroughly fjualified for the labour which he undertook, and that he has executed his work most ably and most conscientiously. For students of history we do not know any work which we could more thoroughly recommend." — Lain Times. " Mr. Taswell-Langmead's work is intended to furnish a guide to the law student. He has availed himself largely of Hallam and Sir Erskine May, and by judiciously combining the pith of those authors with that of other authorities, has, in our opinion, produced a text-book of no small value, accurate, full, yet not unwieldy, and calculated to smooth very considerably the ]iath of the student. The execution seems to be even and careful throughout, and though the book does not profess to be more than a com- pilation, it is comjtilcd from a wide range of authorities, and is written in so easy a style as to be likely to attract the general reader." — So/kitors' Joiirna/. " It is a safe, careful, praiseworthy digest and manual of all constitutional history and law." — Globe. "We have here, in the compass of one goodly volume, a handy book both for the student at the Universities and Inns of Court, and for the general reader, embracing every topic of constitutional importance, from the days of the Witan to the return of John Mitchel for Tippcrary. Mr. Taswell-Langmead's book has the merit of being written in clear language, which is ffiualiy adapicd for students ' and others.' . . . For conciseness, comprehensivenf;.-.'., and clearness, we do not know of a better modern book than Mr. Taiwell-Langmcad's ' English Constitutional History.' " — Notes and Queries. STEVENS & HAYNES, BELL YARD, TEMPLE BAB. ENGLISH CONSTITUTIONAL HISTORY. REVIEWS OF THE WORK— cntinued. "The volume on English Constitutional History, by Mr. Taswell-Langmead, is exactly what such a history should be. Mr. 'I"aswell-Lan},'mcad writes clearly and c onslitutional history, this work is especially adapted. As a text-book for students, we regard it as an exceptionally able and complete work." — La~iu Joicrnal. "Mr. Taswell-Langmead has endeavoured in the present volume to bring together all the most prominent features in the Constitutional History of England, and explain their origin and development. The latter portion of his work contains an ad nirable account of the action of parties in the State since the Revolution, untinged, however, by partisanship, and it is possible to gain from a hundred pages of Mr. Langmead's work a knowled.;e of the growth and progress of the present system, which elsewhere could only be obtained in many volumes." — Irish Law Times. " Under the title of ' English Constitutional History : a text-book for students and others,' Mr. Taswell-Langmead has produced a very useful volume, in which he has brought together the results of the labours of Hallam, Professor Stubbs, Mr. Freeman, Sir Erskine May, and other high authorities. The work forms a valuable introduction to the more systematic study of the subject with which it deals, and its simple siyle, clear arrangement, and, we must add, copious index, adapt it for convenient and rapid reference." — Daily Nci.vs. " Every one who takes a real interest in the history of the past and of the present — the true and living scion of that past — will gladly welcome the publication of such manuals as Mr. Taswell-Langmead's, which, at reasonable length and in readable form and language, will do much to make popularly known the origin and the growth of our institutions, and the reasons for their continued existence or moderate and harmonious reform. Such manuals when compiled with the conscientious carefulness here manifested on every page, are not only useful to the large and growing class of students, but are handy summaries of history which no library can do without. . . . The plan of this com- pendium appears to have been well considered — an element often miserably disregarded — and the materials which the author has chosen to form the solid texture of his work have been judiciously selected. Nothing can be better than the use of Professor Stubbs' admirable volumes, Dr. Freeman's ' Norman Conquest,' and Lappenberg's ' England under the Anglo-Saxons,' for the groundwork of the earlier chapters. . . . The ample commentaiy on Magna Charta, to which the whole of a long chapter is devoted, is both useful and interesting, and the author has wisely given in the notes the whole of the original text of this celebrated ' landmark in Constitutional History.' . . . Mr. T.aswel!- Langmead has thoroughly grasped the bearings of his subject. It is, however, in dealing with that chief subject of constitutional history — parliamentary government — that the work exhibits its great superiority over its rivals." — Academy. 10 STEVENS & HAYNES, BELL YASD, TEMPLE BAR. Just published, in One Volume, Octavo, price 2Ss., cloth lettered, THE LAW RELATING TO PUBLIC WORSHIP; WITH SPECIAL REFERENCE TO bl^iUtcrcf of Eiriial anD ^Tnamctuation, AND THE MEANS OF SECURING THE DUE OBSERVANCE THEREOF. AND CONTAINING IN EXTENSO, WITH NOTES AND REFERENCES, THE PUBLIC WORSHIP REGULATION ACT, 1874; THE CHURCH DISCIPLINE ACT; THE VARIOUS ACTS OF UNIFORMITY ; THE LITURGIES OF 1549, 1552, and 1559, COMPARED WITH THE PRESENT RUBRIC; THE CANONS; THE ARTICLES; AND THE INJUNCTIONS, ADVERTISEMENTS, AND OTHER ORIGINAL DOCUMENTS OF LEGAL AUTHORITY. By SEWARD BRICE, LL.D. OK THE INNER TEMPLE, BARRISTER-AT-LAW. " To the vast /lu/fibcr of people 7vho in various ways are interested in the working of the Act, Air. B rices vohone cannot fail to be welcome. It is well conceived and carefully executed." — The Times. " This excellent compilation of the law relating to a subject of very great interest and importance . . . it is well arranged ; the practitioner will find all the material ready to his hand, Mr. Urice having spared no pains in describing the procedure as elucidated by the decisions of the Privy Council. In Mr. I'.rice's work the ecclesiastical practitioner and the church authorities will be provided with a reliiibic guide to Church Law under the Act of 1874." — Law Times. " Dr. Hrice's book upon the law relating to public worship has been, as may be supposed, sficclally framed for the use of clergymen, church- wardens and others, interested in the regulation of our Church services. Here there is condensed in one volume all the material for the guidance and control of public worship, and both ecclesiastics and laymen can, by aid of the index, find out at a glance the exact state of the law as interpreted by the highest authorities upon any given point ; and churchwardens and others can ascertain the exact steps which should be followed by those who desire to put a -top to breaches of the law. The \V(jrk dc^<:^^es, and will no doubt have, a very extensive sale." — Standard. " To law students the iicry clear exposition of the various statutes relati"S to rites and sacraments, ceremonials, vestments, ornamentation, ecclesias- tical remedies and punishments, t/ie jurisdiction 0/ the ordinary, &'c., will be of the greatest value, as well for tlu tnethodical arrangement which characterises it, as for the erudition displayed in the comments, and the clearness and lucidity of the style in which they are couched. Several autho- ritative enactments relating to public worship, and the varioiu editions of the articles, are given in extenso ; and the numerous cases incidentally alluded to throughout the volume are alphabetically arranged and tabulated." — Morning' Post. " Dr. Brice's large and learned work is a very complete manual for its purpose." — Guardian. "Dr. Brice's book contains a great mass oj information on ecclesiastical matters, which must at all times be valuable for reference." — The Recoku. " We can confidently recommend the treatise to all those who are concerned in the subject. To students it will be useful as a compendium of eccle- siastical law. To lawyers it will be a handy book of reference. To clergymen and parishioners it will be a valuable guide, and may perhaps prevent some useless litigation. An index of twenty-two pages, and a table of upwards of 300 cases, testify to the labour bestowed upon this treatise ; but it is not a mere compilation, and only an author who has thoroughly mastered the subject could have written the book." — Law Journal. "The purpose of Mr. Seward Brice's treatise on • The Law Relating to Public Worship' is, as stated in the preface, to give ' a full exposition of the Law of Public Worship, in so far as it concerns the external forms and cultus enforced or merely per- missible by the rules of the Church of England,' special prominence being assigned to the subjects of ornaments, ceremonial, and vestments. The work is very carefully and thoroughly done, and includes not only a clear account both of the sub- stantive law and of the means of enforcing it, but the text of the pertinent statutes and of other docu- ments bearing upon the matters discussed." — Daily News. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 11 In one thick volume, Svo., 1873, price 30J., cloth lettereing generation of conveyancers, ' students entering upon the difficulties of real property law,' it maybe presumed that he does not fear the immediate anni- hilation of that noble science in its traditional forms by .luy legislative changes. The first part of the volume is composed of a series of chapters on cor- poreal hereditaments, and the second part of some lectures on conveyancing recently delivered by the author at the Law Institution. It is enough to say that Mr. Deane writes cle;irly and to the point" — Saturday Review, 14 STEVENS & KATNES. BELL YARD, TEMPLE BAR. Just published, in one volume, 8vo., price 21J., cloth, A NEW LAW DICTIONARY, {•nstitutc of % \Di)Ole Hail) ; EMBRACING FRFXCH AND LATIN TERMS, AND REFERENCES TO THE AUTHORITIES, CASES, AND STATUTES. By ARCHIBALD BROWN, M.A. Edin. and Oxon, and B.C.L. Oxon, of the Middle Temple, Barrister-at-Law, Author of the " Law of Fixtures," " Analysis of Savigny's Obligations in Roman Law, Sec. "Mr. Brown has succec'iled in the first essential, that of brevity. He has compressed into a wonderfully S7nall compass a great deal of matter. Our im- pression is that the work has been carefully executed.^^ — SOLICITORS' Journal. prominence to modern law, but giving the ancient law when serviceable in explaining modern principles or phrases. This work, laborious and difficult as it was, has been ad- mirably carried out, and the work is really what it professes to be, a complete com- pendium. An index to a dictionary is a novelty, but from the exceptional nature of the contents an index was likely to be most useful, and accordingly Mr. Brown has prefixed to the book a copious index by which a student can at once turn to the main body of the work and obtain the in- formation he requires. Authorities and cases are abundantly cited, and Mr. Brown can claim with justice to call his book an institute of the whole law." — Standard. " In a modest preface Mr. Brown intro- duces us to a rather ambitious work. He has endeavoured to compress into less than four hundred pages the whole law of Eng- land, and has evidently bestowed much pains on the execution of the task. He does not, however, aim at anything higher than rendering a service to students prepar- ing for the Bar or for the lower branch of the profession, and there can be no doubt that he has produced a book of reference which will be useful to the class he has had in view. Mr. Brown has perhaps done about as much as any one, not a rare genius, could do, and his Dictionary will be serviceable to those who are in want of hints and references, and are content with a general idea of a law or legal principle. It is a handy book to have at one's elbow." — Saturday Review. " For the purposes of working law stxidents nothing could be more useful. Besides explaining every legal term, new and old, the author gives short notes upon points of law, which are excellent specimens of clear and compressed writing. References to cases and statutes are abundant, as also to the best text writers on each subject. As an example of Mr. Brown's resolute endeavour to reduce even the vaguest and widest portions of our law to some clear first principles, we may refer readers to the title 'Fraud,' where they will find nine columns of compressed learning scientifically arranged. French and Roman law terms and doctrines are also carefully explained, while even the growth and clia- racter of the British Constitution are shortly but clearly set out under their pro])er head- ings. As already stated, the book is, for students, inviluable ; but members of the profession will also find it useful for ready reference ; and certainly the public could find a great deal of curious information in its pages." — The Law. "In Mr. A. Brown's 'New Law Dic- tionary,' the oliject has been to present a complete institute of the whole law of England, expressing briefly, but without inaccuracy or meagreness, the rules and principles of the common law, of Chancery law, of real property or conveyancing law, of mercantile law, of constitutional law, and of public or general, that is, international law. In carrying out this comprehensive scheme the author has arranged the rules and principles of doctrine, evidence, or procedure in lexicographical order, giving " This book has now been for some time published, and we have had many opportimities of referring to it. We find it an admirable Law Dictionary, and something more, inasmuch as it contains elaborate historical and antiq^iarian analyses of our legal system under the several headings. The student and the literary man will find the boolc very useful in reading and writinf^. Lndeed the people who are not lawyers, but who nevertheless feel a desire or are tinder a necessity to use legal tertns, or who meet them in their course of study, cannot do better than obtain a copy of this work and use it judiciously j they will thereby be enabled to avoid the ludicrous errors into which novelists in particular, and public speakers too, are often led by the inappropriate use of terms whose meanings they do not perfectly comprehend." — Irish Law Times. STEVENS & HAYNES, BELL -XAED, TEMPLE BAE. 15 COGHLANS HINDU LAW. Nearly ready, in 8vo., uniform with " Indemiaur's Epitomes," An EPITOME of HINDU LAW CASES, chiefly of Western India; With some Short Notes thereon. By WILLIAM M. P. COGHLAN, noMIlAY CIVIL SKKVItU, JLl)(-E AND SESSIONS JUUGE OK TANNA. THE ELEMENTS OF ROMAN LAW. This day is published, in 216 pages Svo., price lOJ., tlotli, A CONCISE DIGEST OE THE INSTITUTES OF GAIUS AND JUSTINIAN, IVii/i copious Referaices arranged m Parallel Columns, also Chronologieal ami. Analytical Tables, Lists 0/ Laws, dr'c. i^c. Primarily designed for the Use of Students preparing for Examination at Oxford, Cambridge, and the Inns of Court. By SEYMOUR F. HARRIS, B.C.L.. M.A., OF WORCESTER COLLEGE, OXFORD, AND THE INNER TEMFLK, BARRISTER-AT-LA W. "J/r. Harris's digest ought to have very great sueeess among law students both in the Inns of Court and the Universities. His book gives evidence of praise^vorthy accuracy and laborious condensation." — Law Journal. " Mr. Harris deserves the credit of having produced ati epitome which will be of service to those nufnerous students who have no time or sufficient ability to analyse the Institutes for thetn selves'' — Law Times. THE REVISED EDITION OF THE STATUTES, TKEPARED UNDER THE DIRECTION OF THE STATL TE E.WV COiMMITTEE, AND PUBLISHED BY THE AUTHORITY OE HER MAJESTY'S GOVERNMENT. Volume I. — Henry HI. to James II., Will. & Mary to lo Geo. III., -II Geo. III. to 41 Geo. HI., .—41 Geo. HI. to 51 Geo. HI., -52 Geo. HI. to 4 Geo. IV., -5 Geo. IV. to I & 2 Will. IV., -2 & 3 Will. IV. to 6 & 7 Will. I\ ., -7 Will. IV. & I Vict, to 5 & 6 Vict.. 1837-1842 I235-I6S5 . 1688 1770 . I 2 I cloth 1700-1800 . I80I-I8II . 17 18 ,, ,. I8I2-I823 . IS24-I8JI . 1831-1836 . I837-I842 . • 5 I I 10 I 12 ,. „ 6 CHRONOLOGICAL TABLE of and INDEX to the STATUTES, to the end of the Session of 1S74. Third Edition, imperial 8vo., j^i Sj. 16 STEVENS & HAYNES, BELL YARD, TEMPLE BAR, MR. INDERMAUR'S BOOKS FOR STUDENTS. " Mr. Indcrniaur's books are admirably adapted to the purpose for which they are written, and we heartily recommend them to students and teachers, who will find them e.\ceedingly convenient compen- diums of the law." — Auti-r-icuK Lazu Rcvie-io, THE NEW JUDICATURE ACTS. This day is published, in Svo,, price 6s., cloth, THE STUDENT'S GUIDE TO THE JUDICATURE ACTS, 1873 and 1875; AND THE RULES THEREUNDER : Being a book of Questions and Answers intended for the use of Law Students. By John Indermaur, Solicitor, Author of " Self-preparation for the Final Exami- nation," and " Epitomes of Leading Common Law, and Equity and Conveyancing Cases." In Svo. , 1874, price 3j., cloth, SELF-PREPARATION FOR THE FINAL EXAMINATION. CONTAINING A COMPLETE COURSE OF STUDY, WITH STATUTES, CASES, AND QUESTIONS ; And intended for the use, during the last four months, of those Articled Clerks who read by themselves. By John Indermai'K, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872) ; Author of " Epitomes of Leading Common Law, and Equity and Conveyancing Cases." Third Edition, in Svo., 1875, price 6s., cloth, AN EPITOME OF LEADING COMMON LAW CASES; WITH SOME SHORT NOTES THEREON. Chiefly intended as a Guide to "Smith's Leading Cases." By John Indermaur, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). "This should be placed in the handy-volume scries of law books. Its title expresses its object — that of an Epitome and Guide to Leading Cases. The Cases themselves are stated with admirable brevity and clearness, and the notes turn out to be more full and instructive than their material size would seem to indicate. The type and binding are excellent, and in several respects this is an im- provement on the first edition." — American Law KevUw. "We have received the third edition of the ' Epitome of Leading Common Law Cases,' by Mr. Indermaur, .Solicitor. The first edition of this work was published in February, 1873, 'li^ second in April, 1874, and now we have a third edition dated September, 1875. No better proof of the value of this book can be furnished than the fact that in less than three years it has reached a third edition. In this edition the author has inserted the well-known case of Currte v. Misa immediately after Miller v. Race." — Law Journal. Second Edition, in Svo., 1874, price 6^. , cloth, AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES; WITH SOME SHORT NOTES THEREON, FOR THE USE- OF STUDENTS. By John Indermaur, Solicitor, Author of " An Epitome of Leading Common Law Cases." "We have received the second edition of Mr. Indennaur's very useful Epitome of Leading Con- veyancing and Equity Cases. The work is very well done." — Law Times. "The Epitome well deserves the continited pa- tronage of the class — Students — for whom it is especially intended. Mr. Indermaur will soon be known as the ' Students' Friend.' " — Canada Law Journal. STEVENS & HA7NES, BELL YABD, TEUFLE BAE. 17 Second Edition, in one thick volume, crown 8vo., price 20^., cloth. SUCCESSION THE PROBATE, LEGACY. AND DUTY ACTS: Comprising 36 Geo. III. cap. 52 ; 45 Geo. III. cap. 28; 55 Geo. III. cap. 184 ; and 16 & 17 Vict. cap. 51 ; with an Introduction, copious Notes and References to all the decided Cases in Enjjland, Scotland and Ireland, to Michaelmas Term 1870 ; together with an Appendix of .Statutes, Forms, Tables of Duties, and a full Index. By Ai-FRED H.VNSo.v, Esq., Comptroller of Legacy and Succession Duties. " It is the only complete book Ufjon a subject of " Since Mr. Hanson produced his first edition he great import.-uicc, but which does not come within has been appointed Comptroller of legacy and the regular course of professional study, and there fore requires to be read up when a case having reference to it comes into the solicitor's office. "Mr. Hanson is peculiarly qualified to be the adviser at such a time. Hence, a volume without a rival." — Law Times. Succession Duties. His book is in itself a most useful one ; its author knows every in and out of the subject, and has presented the whole in a form easily and readily handled, and with good arrange- ment and clear exposition." — Solicitor^ "Journal. In one volume, 8vo., 1870, price i8.r., cloth lettered, THE LAW OF COPYRIGHT. In Works of Literature and Art ; including that ot the Drama, Music, Engraving, Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together with International and Foreign Copyright, with the Statutes relating thereto, and References to the English and American Decisions. By Walter Arthur COPINGER, of the Middle Temple, Barrister-at-Law. "A book that is certainly the most complete trea- "The book is a thoroughly good one." — The tise upon the complex subject of copyright which Bookseller. has ever been published in England." — Atlunteum. | "We refer our readers to this capital book "A work much needed, and which he has done ' on Copyright." — The Publishers' Circular. exceedingly well." — American Law Review. In 8vo., 1873, price \os. 6d., cloth, THE BOVILL PATENT. A Collection of the Summings-up and Judgments in the Litigation under the Patent of Sth June, 1849, granted to the late G. II. Bovill for Improvements in the Manufacture of Flour. With an Introduction and some Obser\'ations by W. W. Wynne, Attomey-at-Law. In 8vo., 1872, price I2j., cloth, An Exposition of the Laws of Marriage AND Divorce. As administered in the Court for Divorce and Matrimonial Causes, \vith the Method of Procedure in each kind of Suit ; Illustrated by Copious Notes of Cases. By Ernst Browning, of the Inner Temple, Barrister-at-Law. In 8vo., 1867, price i6j., cloth, THE CHAEITABLE TRUSTS ACTS, 1853, 1855, 1860; THE CHARITY COMMISSIONERS JORISPIOTION ACT, 1862; THE ROMAN CATHOLIC CHARITIES ACTS: Together with a Collection of Statutes relating to or affecting Charities, including the Mortmain Acts, Notes of Cases from 1S53 ^° *^^ present time, Fonns of Dtcla- rations of Trust, Conditions of Sale, and Conveyance of Charity Land, and a very copious Index. Second Edition. By Hugh Cooke and R. G. Harwoop, of the Charity Commission. " Charities are so numerous, so many persons are second edition of a collection of all the statutes that directly or indirectly interested in them, they are so restulate them, admirably annotated by two such much abused, and there is such a growing doire to competent editors as Messrs. Cooke and Harwood, rectify those abuses and to call in the aid of the whose official experience peculiarly qualifier them cornmissioners for a more beneficial application of for the ta^k." — La7v Times. their funds, that we aic not surprised to receive a 18 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. THE LAW OF INJUNCTIONS. In two volumes, royal Svo., 1872, price "jos., cloth, THE LAW AND PRACTICE OF INJUNCTIONS. EMBRACING ALL THE SUBJECTS IN WHICH COURTS OF EQUITY AND COMMON LAW HAVE JURISDICTION. By WILLIAM JOYCE, OF Lincoln's inn, barrister-at-law. REVIEWS. "A work which aims at being so absolutely- complete, as that of Mr. Joyce upon a subject which is of almost perpetual recurrence in the Courts, cannot fail to be a welcome offering to the profession and, doubtless, it will be well received and largely used, for it is as absolutely complete as it aims at being This work is, therefore, eminently a work for the practitioner, being full of practical utility in every page, and every sentence, of it We have to congratulate the pro- fession on this new acquisition to a digest of the law, and the author on his production of a work of permanent utility and — fame." — Law Magazine and Rrvirw. " Mr. Joyce has produced not a treatise but a complete and compendious exposition of the Law and Practice of Injunctions both in equity and com- mon law. "Part III. Is devoted to the practice of the Courts. Contains an amount 0/ valuable and technical matter Tunuhtre else collected. " From these remarks it will be sufficiently per- ceived what elaborate and painst.iking industry, as well as legal knowledge and ability, has been necessary in the compilation of Mr. Joyce's work. No labour has been spared to save the practitioner labour, and no research has been omitted which could tend towards the elucidation and exemplifi- cation of the general principles of the Law and Practice of Injunctions." — Law journal. " He does not attempt to go an inch beyond that for which he has express written authority ; he al- lows the cases to speak, and does not speak for them. " The work is something more than a treatise on the Law of Injunctions. It gives us the general law on almost every subject to which the process of injunction is applicable. Not only English, but American decisions are cited, the aggregate number being 3,500, and the statutes cited 160, whilst the index is, we think, the most elaborate we have ever seen — occupying nearly 200 pages. The work is probably entirely exhaustive." — Law Times. '' Mr. Joyce's work, within the limits which he has assigned himself, is well done. He has been e\-idently diligent in the collection of cases, and the points decided are stated with accuracy, and with more fulness of detail than in any work on injunctions with which we are familiar. It cannot fail to be u«ful in instructing practitioners in the proper employment of this much abused method of procedure." — American Law Revieiu. " Mr. Joyce has produced a clear, scientific, and thorough treatise upon the subject of injunctions which, unlike most English works, will be nearly as useful to the American as to the English practitioner. •' We doubt if there can be a single case of any note found upon injunctions in the English law that is not cited in these volumes." — Chicago Legal News. " This work, considered either as to its matter or manner of execution, is no ordinary work. It is a complete and exhaustive treatise both as to the law and the practice of granting injunctions. It must supersede all other works on the subject. The terse statement of the practice will be found of incalculable value. We know of no book as suitable to supply a knowledge of the law of injunctions to our common law fricndji as Mr. Joyce's exhaustive work. It is alike indispensable to members of the Common Law and Equity Bars. Mr. Joyce's great work would be a casket without a key unless accompanied by a good index. His Index is very full and well arranged. We feel that this work is destined to take its place as a standard text-book, and /A* text-book on the particular subject of which it treats. The author dencrves great credit for the very great labour bestowed upon it. The publishers, as usual, have acquitted themselves in a manner deserving of the high reputation they hear."— Canada Law "Journal. STEVENS ft HATNES, BELL TABD, TEMPLE BAB. 19 In one volume, royal 8vo., 1869, price 30J., cloth lettered, CASES AND OPINIONS ON CONSTITUTIONAL LAW, AND VARIOUS POINTS OF P:NGLISH JURISPRUDENCE. Collected and Digested from Official Documents and other Sources ; WITH NOTES. By WILLIAM FORSYTH, M.A., Q.C., Standing Counsel to the Secretary of State in Council of India, Author of " Hortensius," "History of Trial by Jury," "Life of Cicero," etc., late Fellow of Trinity College, Cambridge. From the CONTEMPORARY REVIEW. " We cannot but regard with interest a book which, within moderate compass, presents us with the opinions or responsa of such lawyers and states- men as Somers, Holt, Hardwicke, Manslield, and, to come down to our own day, Lyndhurst, Abinger, Denman, Cranworth, Campbell, St. Leonards, Westbury, Chelmsford, Cockburn, Cairns, and the present Lord Chancellor Hatherley. At the end of each chapter of the 'Cases and Opinions,' Mr. Forsyth has added notes of his own, containing a most excellent summary of all the law bearing on that branch of his subject to which the 'Opinions' refer. . . . Our space precludes us from dwelling upon the contents of this work at any greater length, but we think we have said enough to show that it is worthy of a place on the book-sheUes of our statesmen, and all who take an interest in con- stitutional, or rather, national and colonial ques- tions." From the IiAW MAGAZINE and LAW REVIEW. "Mr. Forsyth has largely and beneficially added to our legal stores. H is work may be regarded as in some sense a continuation of ' Chalmers's Opinions of Eminent Lawyers.' . . . The constitutional relations between England and her colonies are becoming every day of riore importance. The work of Mr. Forsyth will do more to make these relations perfectly clear than any which has yet appeared. Henceforth it will be the standard work of reference in a variety of questions which are constantly presenting themselves for solution both here and in our colonies. . . . Questions of colonial law by no means occupy an exclusive share of the volume. . . . Among other questions on which 'opinions' are given, and of which careful sum- maries and generalisations have been added by Mr. Forsyth, arc those relating to vice-admiralty jurisdiction and piracy ; the prerogatives of the Crown in relation to treasure trove, land in the colonies, mines, cession of territory, &c. ; the power of courts-martial, extra-territorial jurisdiction, alle- giance, the lex loci and the lex fori, extradition, and appeals from the colonies. The volume beijrs marks of extreme care .-xnd regard to accuracy, and is in every respect a valuable contribution to consti- tutional law." From the CANADA LAW JOURNAL. "Mr. Forsyth at the present juncture has done good service not only to his profession, but to aJI men who take any interest in public affairs, and we therefore hope that those for whom the book :s especially intended will not be backward in giving to it that support which the industry and ability of its author, and the public spirit and enterprise of its publishers, so well deserve." From the LAW TIMES. "This one volume of 560 pages or thereabouts is a perfect storehouse of law not readily to be found elsewhere, and the more useful because it is not abstract law, but the application of principles to particular cases. Mr. Forsyth's plan is that of classification. He collects in separate chapters a variety of opinions be-aring upon separate branches of the law. Thus, the tirst chapter is devoted to cases on the common law, and the law applicable to the colonies ; the second to the eccleMastical law relating to the colonies ; the third to the powers and duties, civil and criminal liabilities, of governors of colonies; the next to vice-admiralty jurisdiction and piracy ; the fitth to certain prerosatives of the Crown : such as lands in the colonies, grants, escheats, mines, treasure trove, royal tish, felon's goods, writ ne exeat regtw, proclamation, cession of territory, and creation of courts of justice ; the sixth chapter contains opinions on martial law and courts-martial ; the seventh on extra-territorial juris- diction ; the eighth on the lex loci .and Ux/ori; the ninth on allegiance and .iliens ; and then sue- ccssively on extraditiju ; on appeals from ilic colo- nies ; on the revocation af ch.-iriers ; on the Channel Islands ; on the nationality of a ship, and other matters relating to ships : on the power of the Crown to grant cxclu.vive rights of trade ; on writs of habeas corpus ; on certain points relating to the criminal law ; and lastly, on miscellaneous subjects, such as the declaration of war before hostilities ; on the right of war, booty and prize, and on the grant of a marri.tge licence. . . . This is a book to be read, and therefore we recommend it not to all lawyers only, but to every law student. The editor's own notes are not the leaft valuable poition of the volume." d 2 r 20 STEVENS & HAYNES, BELL YAED, TEMPLE BAR. Third Edition, in 8vo., 1875, price 2IJ., cloth, THE LAW OF COMPENSATION FOR LANDS, HOUSES, &c.. Under the Lands Clauses, Railways Clauses Consolidation and Metropolitan Acts, THE ARTIZANS & LABORERS' DWELLINGS IMPROVEMENT ACT, 1875. WITH A FULL COLLECTION OF FORMS AND PRECEDENTS. Third Edition (muck enlarged). By eyre LLOYD, OF THE INNER TEMPLE, BARRISTER-AT-LAW. " This new edition of Mr. Lloyd's book will sustain its reputation as a useful practical treatise on a branch of law of considerable importance and difficulty. The new cases have been diligently noted up, and we may notice, as a feature of the book, that references to four sets of reports are appendeH to nearly all the recent decisions. An important addition has been recently made to the law of compensation by the Artizans' Dwellings Act. Mr. Lloyd prints the Act in full in his Ap- pendix, and gives in chapter xi. an outline of the procedure. He also gives a summary of the por- tions of the Public Health .\ct of last session bearing upon the subject of compensation. As a careful digest of the law of compensation it will be found of service to the profession." — Solicitors' Journal. In 8vo., 1875, price I2j-., cloth, THE LAW OF FIXTURES. Third Edition, Including the Law under the AGRICULTURAL HOLDimS ACT. 1875, Incorporating the principal American Decisions, and generally bringing the law down to the present time. By ARCHIBALD BROWN, MA. Edin. and Oxon. and B.C.L. Oxon., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, " lye can recommend the book to the practitioner, because it is an intelligent construction, and not a mere string 0/ head-notes. It will be a useful book, and is -well got tip and printed in a large clear type." — SOLICITORS' Journal. " It is a good and very sensible and readable book to the practical and common sense English and American lawyer. It lakes up a difficult subject, begins at the very beginning, tracing the decisions in the order of time, and showing how they gradually extended a principle here, then another there, until finally a system is built up, sometvhat incoherent, but good enough for all practical purposes, and enabling the lawyer, to use our author's words, ' to advitc upon Modern Ca.ses.' We have read it with much rc^t, and greatly admire it. . . . We can recommend it as being an exhaustive compila- tion." — The Southern Law Review. " Mr. Brown seems admirably adapted to the task of writing on the law of fixtures. He is strongly convinced of the influence of history upon law. In his opening sentence he tells us that ' it has been said of history tliat it finds its entablature in law ; it may conversely be said of law that it finds its explanation in history.' The sentence is a good opening upon a subject which owes so much of its law to arbitrary rules rather than general principles as fixtures Mr. Brown's seventh and last chapter will be found to contain a most serviceable enumeration of the recent cases, arranged accord- ing as the conflict was between landlord and tenant, mortgagor and mortgagee, and so on." — Law Journal. , STEVENS ft HATNES, BELL TABD, TEMPLE BAB. '^^ In one tliick volume, 8vo., 1869, price 32;., cloth, THE LAW OF RAILWAY COMPANIES. Comprising the Companies Clauses, the Lands Clauses, the Railways Clauses Consoli- dation Acts, the Railway Companies Act, 1867, and the kej,'ulation of Railways Act, 1868 ; with Notes of Cases on all the Sections, brought down to the end of the year 1868 ; together with an Appen and form. VVc have also, what in effect to the prac- duties of Railway Companies in the construction of titioner is a complete nianual of reference of all the j their works, while the liability of the Companies as decided cases on Railway Law, together with an 1 carriers of passengers and goods is also elucidated index of so copious and accurate a nature, as to in the most elaborate style. The ' Rating of Rail- render the discovery of every section and every i ways ' adds several pages of authorities. . . . We authority easy in the highest degree. . . . We tind ' believe that we have said enough to show that this pages of authorities on ' transfer of shares,' ' calls,' ' book will prove to be of pre-emii.ent value to prac- ' forfeiture of shares,' 'ja. yW.,' ' Lloyd's bonds,' titioners, both before Parliamentary committee-, and ' contracts by companies,' and 'dividends.' Then in the Courts of Law and tquity." — Law Journal. In 8vo., price 2j. td., MORIARTY ON PERSONATION AND DISPUTED IDENTITY AND THEIR TESTS. In a handy volume, crown 8vo., 1870, price io.f. td., cloth, THE LAW OF SALVAGE, As administered in the High Court of Admiralty and the County Courts ; with the Principal Authorities, English and American, brought down to the present time ; and an Appendix, containing Statutes, Foniis, Table of Fees, etc. By EuWYN Jones, of Gray's Inn, Barrister-at-Law. " This book will be of infinite senice to lawyers his simplicity of style." — Liverpool Journal 0/ practising in the maritime law courts and to those \ Commerce. engaged in shipping. In short, Mr. Jones's book " An admirable treatise on an important branch is a complete guide, and is full of information j of jurisprudence is compiled by Mr. Edwyn Jones, upon all phases of the subject, tersely and clearly ' of Gray's Inn, Barrister-at-Law, who, in a compact written. It will be quite .is useful to, as it is as ' volume, gives us a very comprehensive statement of much needed by, the American lawyer as the ' ' The Law of Salvage,' as administered in the High English, because the salvage laws of America and | Court of Admiralty and the County Courts ; with England are much alike, and Mr. Jones makes j the princip;J authorities, English and American, constant reference to American authorities. The brought down to the present time, .ind an Appen- book is all the more welcome because the sub- dix containing statiites, forms, tables of fees. &c. ject upon which it treats is but little understood j Mr. Jones has consulted a wide range of cases, except by a favoured few. Now, however, if in- and systematised with much skill and deafness the terested people remain ignorant it is their own leading principles deducible from numerous judg- fault. 5lr. Jones has treated a very compli- ments and precedents, both here and in the L'nit«l cated and difficult subject in a simple and con- States. His work is likely to become a text-book cise manner, and his success is commensurate with I on the law in question." — Daily Newt. In 8vo., 1867, price \s., sewed, HOW'S BONDS: THEIR NATURE AND USES. By Henry Jekferd Tarrant, of the Middle Temple, B.irristcr-at-Law. In 8vo., 1870, price "js. 6d., cloth, THE HISTORY OF THE LAW OF TENURES OF LAND IN ENGLAND AND IRELAND. By \V. F. FiNLASON, of the Middle Temple, B.arrister-at-Law, " Mr. W. F. Einlason h.TS done good service in Confining himself to the facts of legal history, he publishing a concise, well-written history of the law has collected and presented, in an admirably com- of tenures of land in England and Ireland, with p;ict form, all the really useful information it con- particular reference to inheritable tenancy, lease- tains." — Otsert'er. hold tenure, tenancy .it will, and tenant right. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. This day is published. Second Edition, in 8vo., 1875, price 26s., cloth, THE LAW A/\ID PRACTICE UNDER THE COMPANIES ACTS, 1S62, 1S67, 1870; THE LIFE ASSURANCE COMPANIES ACTS, 1S70, 1S71, 1872; AND OTHER ACTS RELATING TO JOINT STOCK COMPANIES, Together with Rules, Orders, and Forms, &c. &c. By H. Burton Buckley, M.A., of Lincoln's Inn, Barrister-at-La\v, and Fellow of Christ's College, Cambridge. •^* /« ^/te preparation of the Second Edition the Reports have been carefully re-searched, and numerous authorities added. Table A . of The Companies Act, 1S62, is now printed with Notes, in which iiiatiy points not touched upon in the First Edition are discussed. The authorities, including those in the Albert and European Arbitrations, are brought down to the date of publication. EUROPEAN ARBITRATION. In Parts, price "js. 6d. each, sewed, LORD WESTBURY'S DECISIONS. Reported by Francis S. Reilly, of Lincoln's Inn, Barristcr-at-Law, ALBERT ARBITRATION. In Pavts, price 7^. 6d. each, sewed, LORD CAIRNS'S DECISIONS. Reported by Francis S. Reilly, of Lincoln's Inn, Barrister-at-Law. In 8vo., 1871, price 2ls., cloth, A TREATISE ON THE STATUTES OF ELIZABETH AGAINST FRAUDULENT CONVEYANCES, The Bills of Sale Registration Acts, a?id the Laiv of Voluntary Dispositions of Property generally. By H. W. MAY, B.A. (Ch. Ch. Oxford) " This treatise has not been published before it wa; wanted. The statutes of Elizabeth against (ra'jdulcnt conveyances have now been in force for more than three hundred years. The decisions under them are legion in number, and not at all times consistent with each other. An attempt to reduce the mass of decisions into something like shape, and the exposition of legal principles in- volved in the decisions, under any circumstances, must have been a work of great labour, and we arc pica.vcd to observe that in the book before us there has been a combination ,of unusual labour with considerable professional skill. . . . We can- not conclude our notice of this work without saying that it reflects great credit on the publishers as well as the author. The facilities afforded by Messrs. Stevens and Hayncsfor the publication of treatises by rising men in our profession are deserving of all praise. We feel assured that they do not lightly lend th:ir aid to works presented for publication, and that in consequence publication by such a firm \s to «jjme extent a guarantee of the value of the work published." — Canatla Law Journal. and of Lincoln's Inn, Barrister-at-Law. " Examining Mr. May's book, we find it con- structed with an intelligence and precision which render it entirely worthy of being accepted as a guide in this confessedly difficult subject. The subject is an involved one, but with clean and clear liandling it is here presented as clearly as it could be. . . . On the whole, he has produced a ver>' useful book of an exceptionally scientific character." — Solicitors' Journal. " The subject and the work are both very good. The former is well chosen, new, and interesting ; the latter has the quality which always distin- guishes original research from borrowed labours." — ATtterican Law Review. "We are happy to welcome his (Mr. May's) work as an addition to the, we regret to say, brief cata- logue of law books conscientiously executed. We can corroborate his own description of his labours, •that no pains have been spared to make the book as concise and practical as possible, without doing so at the expense of perspicuity, or by the omission of any important points.' " — Law Times. STEVENS & HAYNE8, BELL YABD, TEMPLE BAB. 2S Now ready, in two volumes, royal 8vo., cloth lettered, price 70/., THE LAW RKI.AIlNi; To SHIPMASTERS AND SEAMEN. THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, LIABILITIES AND REMEDIES. By JOSEPH KAY, Esq., M.A., Q.C, OF TKIN. COLL. CAMBRIDGE, AND OP THE NORTHERN CIRCUIT; SOLICITOR-GENERAL OF THE COUNTY PALATINE OF DURHAM; ONE OF THE JUDGES OP THE LOLRT OP RECORD FOR THE HUNDRED OP SALFORD ; AND AUTHOR OF " THE SOCIAL CONDITION AND EDUCATION OF THE I'EOI'LK IN ENGLAND AND EUKOFE." ANALYSIS OF CONTENTS. Part I. — The Public Authorities. Chap. I. The Board of Trade : its General Func- tions with reference to Masters and Seamen. II. Local Marine liuards. III. ^lercantile Marine Offices. IV. Naval Courts. Part II.— The Appointment, Certificates, &c., of THE Master. Chap. I. Who may appoint or succeed him, and how long his authority continues. II. His Qualifications. III. His Examination and Certificates. IV. In what cases Colonial Cer- tificates are valid. V. His Remuneration. VI. Who may remove him, or cancel or suspend his Certificate. VII. His Oftenccs. VIII. Leg;d Procedure for infliction of Penalties, &c. Part III. — Duties and Responsibilities of the Master. Chap. I. The Master's general duties and authori- ties on the Voyage. II. His duty to sec that the Ship is seaworthy. III. His duties with respect to receiving, stowing, and taking care of the Cargo. IV. His duty in the preparation of the Ship for sea. V. His duties when the Ship has to proceed to a Foreign Port and load there. VI. His duty to obtain the necessary Clearances, &c. VII. What DocunienLs he must procure and keep. VIII. His duty to carry proper Colours. IX. His duties .ifter all is ready to Sail. X. When he is bound to set Sail on the Voyage. XI. When he must s.-iil with Convoy. XII. His duty not to deviate. XIII. His duty not to delay. XIV. What cir- cumstances justify or excuse a delay or a de- viation. XV. His duty not to commit Barratry. XVI. His duties in case of a Collision. XVII. His duties to the Underwriters on abandon- ment. XVIII. His duties in a Port of Dii- charge. XIX. His duties to the authorities of the Harbour. XX. The Master's Protests. Part IV. — The Master's Duties and Powers with respect to the Cargo. Chap. I. Generally. II. His duties with respect to receiving, stowing, and taking care of the Cargo. III. When he may Hypothecate the Cargo. IV. When he may Sell it. V. When he should Tranship it. VI. Freight. VII. His lien on the Cargo. VIII. His duties with re- ference to Delivery. Part V. — B1LI.S op Lading. Chap. I. What a Bill of Lading is, and its form. II. When Master may sign Bills of Ltding. III. The effect ul' the Hill of Lading; as evidence. IV. When and how the Bill of Lading may be Transferred. V. The effect of the Transfer of the Bill of Lading upon the PROPF.RTV in the goods named in the Bill. VI. The effect of the Tr:insfcr of the Bill of Lading upon the Contract cont.^incd in the Bill of Lading. VII. The effect of the Bill of Lading upon the liabilities of (l«ncrs, M.istcr and Charteiers, VIII. The M.istcr's duties as to delivery ct the Goods. IX. The meaniug oi the exceptions in the Bill of Lading. For Reviews of the Work, see post. 24 STEVEN& & HAYNES, BELL YARD, TEMPLE BAR. THE LAW RELATING' TO SHIPMASTERS AND SEAMEN. ANALYSIS OF CONTENTS— (r^«//««^^. Pan VI.— Stoitagf. in Transiti'. Chap. 1. ^\^lat it is. II. Who may exercise the right. III. Under what circumslances the Consignor is entitled to exercise the right. IV. In wh.at manner the right may be exercised. V. How lon^; the transit and the right to stop j continue. \'I. How the right to stop maybe i defeated. VII. Master's duties as to delivery. VIII. The effect of the exercise of this right on the Contract of Sale. i Part VII.— When the Master may make the OW.SERS LIABLE UPON HIS PElvSONAL CONTRACTS. Chap. I. When he may bind them in Contracts re- | iating to the usual course of the Ship's employ- i ment. II. When he may bind them for matters I which are necessary for the prosecution of the voj-age. III. Wh.at Owners are made liable I by the Master's Contracts. IV. When the Master may sell the Ship. Part VIII. — Hypothecation. Chap. 1. The form, contents, and nature of the Contract. II. Under what circumstances the Master may Hypothecate the Ship. III. The legal effect and operation of the Contract. IV. Under what circumstances the Master may Hypothecate the Freight. V. Under what circumstances the Master may Hypothecate the Cargo. P.art IX.— The Crew. Chap 1. Interpretation of Terms. II. Seamen, how protected and regarded by the Courts. HI. The duties of the Crew. IV. As to Apprentices. V. The engagement of Seamen. VI. Allotment of Wages. VII. Discharge and Payment of Wages. VIII. Remittance of W.4ges and Savings Bank for Seamen. IX. Legal rights to Wages. X. Mode of recover- ing Wages and Seamen's lien. XI. Relief to Seamen's Families out of Poor Rates. XII. Wages and Effects of deceased Seamen. XIII. Leaving Seamen abroad. XIV. Volunteering into the Navy. XV. Provisions, Health, and Accommodation. XVI. Power of making Complaint, and protection of Seamen from Imposition. XVII. discipline, and forfeiture of Wages. XVIII. Legal Procedure. Part X.— Pilots. Chap. I. Origin of Pilots. II. Definition of Terms used by and application of Sections of Mer- chant Shipping Act relating to Pilots. III. Pilotage authority. IV. Licensing of Masters and Mates. V. Pilot Boats and Pilot Licenses. VI. What signals must be u-^ed and displayed when a Pilot is wanted. VII. When it is the Master's duty, irrespective o the Statute, to employ a Pilot, and the consequences of his siot doing .'.o. VIII. Compulsory Pilotage. IX. The Master's duties and authority while the I'iliit is in char;;c of tlic Ship. X. The authority of the Pilot while the Ship is under his care. XI. The Limitation of the Liability of Owners and Master where Pilotage is com- pulsory. XII. Rights, Privileges, and Re- muneration of Pilots. XIII. Offences of Pilots. XIV. The Trinity House. XV. When Pilots may claim Salvage. Part XI. — Passengers. Chap. I. The Master's authority over the Pas- sengers. II. The Master's duties to the Passengers irrespective of the Statutes. III. The Rights and Liabilities of Passengers under their contract irrespective of the Statutes. IV. The Statutable Provisions for the Pro- tection ot the Passengers. V. Penalties on Drunken or Disorderly Pa.ssengers on a Pas- senc;er Sleamer. Part XII. — Collisions. Chap. I. Liability of Masters and Owners for Damage by Collision. II. Rights of the Parties in a Court of Common Law when both Ships have been in Fault. III. If the Collision was the consequence of unavoidable Accident, neither party can recover either in a Court of Law or the Court of Admiralty. IV. What Remedy Owners of Injured Ship have in the Court of Admiralty. V. The Law relating to Sailing Ships, Steam Ships, and Lights, prior to 25 & 26 Vict. c. 63. VI. The Statutable Provisions and Regulations now in Force for preventing Collisions at Sea, with Diagrams. VII. The Cases decided upon the Regulations. VIII. Duties of Master in case of Collision. Part XIII. — Salvage. Chap. I. What Salvage Services are, and when they should be rendered. II. When Salvage Reward is payable. III. Who may claim as Salvors. IV. What claim Salvors have when there aie several sets. V. What Amount will be awarded to Salvors. VI. The Apportionment of the Salvage. VII. What conduct forfeits the whole or part of the Salv.age. VIII. What remedies the Salvors have for securing the payment of the Salvage. IX. Wrecks and Casualties. Part. XIV.— The Master's Remedies. Chap. I. The Master's remedies before "The Merchant Shipping Act, 1854." II. The Suitable Provisions as to his remedies. III. The Master's remedies since "The Merchant Shipping Act, 1834," and "The Admiralty Court Act, 1861." IV. When the Master may sue in his own name. V. When the Master may sue the Owners. Part XV.— The Mastek'.s Liabilitiks. Chap. I. Liability of Master on Contracts entered into for the Owners. II. Liability of the Masters for Wrongs. III. Liability of Master under the Customs Acts. Appendix. Forms, Rules, Regulations, &c. For Reviews of the Work, see next page. STEVENS & HAYNES, BEIi YAED, TEfilPLE BAB. 25 THE LAW RELATING TO SHIPMASTERS AND SEAMEN. REVIEWS OF THE WORK. From the NAUTICAL MAGAZINE, Jvily, 1876. "The law-books of the present day are mo^tly of two classes: the one written for lawyers, and only to be understood by them ; the other intended for the use of non-professional readers, and Renerally in the form of handy books. The first, in the majority of cases, is of some benefit, if looked uiwn merely as a compilation containing the most recent decisions on the subject ; whilst the second only aims, and not always with success, at popularising some particular branch of legal knowledge by the avoidance of technical phraseology. "It is rarely that we find a book fulfilling the requirements of both classes ; full and precise enough fur the lawyer, and at the same time intelli- gible to the non-legal understanding. >V/ tke tii,o voltuHes by Mr. Kay on ike law relating to skip- tttasters and seatnen •wilt, 7ve zvnlure to say, be of equal service to the captain, tlie lawyer, and the Consul, in their respective capacities, and even of interest to the public generally, written as it is in a clear and interesting style, and treating of a subject of such vast importance as the rights and liabilities and relative duties of all, passengers included, who venture upon the ocean ; more than that, we think that any able-seaman might read that chapter on the crew with the certainty of acquiring a clearer notion of his own position on board ship. "Taking the whole British Empire, the tonnage of sailing and steam vessels registered in the j'ear 1873 was, we learn in the preface, no less than 7,294,230, the number of vessels being 36,825, with crews estimated, inclusive of masters, at 330,849 ; but the growth of our mercantile fleet to such gigantic proportions is scarcely attributable to any peculiar attention on the part of the Legislature to its safely and welfare, for, as Mr. Kay justly says, ' it is remarkable that in England, the greatest maritime State the world has ever seen, no proper precautions were taken before the year 1850 to protect the public from the appointment of ignorant and untrustworthy men to these important posts' — the command of vessels, 'in which property and life are committed to them under circumstances which necessarily confer almost absolute power and at the same time preclude for long periods the possi- bility of any supervision.' The French, he tells us, had an ordmance as early as the year 1584, re. quiring the master to be examined touching his experience, fitness, and capacity. But in England the indifference on this subject was more apparent than real ; it arose, we believe, out of the dislike of interference with person.tl concerns and private enterprise which is so strongly marked in our na- tional character, nor must we forget that some of the most glorious achievements in our nautical annals have been accomplished by men not strictly trained to the sea, and this fact, no doubt, contri- buted to the reluctance manifested by the Legisla- ture to apply the principles of paternal government to the protection of our seamen ; for the going and coming of hundreds of thous.inds over the ocean for the purposes of business or pleasure had tlicn but lately commenced ; and, moreover, probably it was feared that too much care for the welfare of uur seamen would have the effect uf diminishing the I hardihood, self-reliance, and daring which had up I to that time made them the envy of the world. " In 1854 the .Merchant Shipping Act was pa-sscd, I repealing the Act of 1850. Under its provisions the Board of Trade received its present extensive au- I thority over merchant ships and .seamen. Local I Marine Boards were constituted for the examina- tion of masters and mates of foreign-going and home passenger ships. Mercantile Marine officers established for the registration of seamen, and Naval Courts for the investigation of complaints against mxsters, and other matters. Without doubt the result of this system of compulsory examination has been beneficial, and the master may also possess those other qualifications which cannot be subjected to examination. But it is not enough now-a-days that he should be honest, skilful, courageous, and firm ; he must also, if he would steer clear of rocks other than those marked on the chart, be some- thing of a lawyer. This, it might seem, would apply equally to all men having the conduct of im- portant interests, and coming into contact with large numbers of men, but to no one eUe is so large a discretionary power granted, and the very fact that his use of it is not very severely scrutinised, only adds to the caution with which it should be exercised. And then there arc many incongruities in his position. He may have a share in a ship, and yet he is but the agent of the other owners ; though, if he has no share, and in a case of neces- sity hypothecate the ship, he also binds himself in a penalty to repay the sum borrowed. We can make no charge of redundancy or omission against our author ; but if we were called upon to select any one out of the fifteen parts into which the two volumes are divided as being especially valuable, we should not hesitate to choose that numbered three, and entitled 'The Voyage.' There the master will find a succinct and compendious state- ment of the law respecting his duties, general and particular, with regard to the ship and its freight from the moment when, on taking command, he is bound to look to the seaworthiness of the ship, and to the delivery of her log at the final port of desti- nation. In Part IV. his duties are considered with respect to the cargo, this being a distinct side of his duplicate character, ina.smuch as he is agent of the owner of the cargo just as much as the owner of the ship. "Next in order of position come ' Bills of Lading' and ' Stoppage in Transitti.' We confess that on first perusal we were somewhat surprised to find the subject of the delivery of goods by the master given priority over that of bills of lading ; the logical sequence, however, of these matters was evidently .sacrificed, and we tliink with advantage to the author's desire for unity in his above-mentioned chapters on ' The Vo>-age-' That this is so is evi- denced by the fact that after hii kcvcnih chapter 26 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. THE LAW RELATING TO SHIPMASTERS AND SEAMEN. REVIEWS OF THE WORK-continued. on the latter subject he has ku a blank chapter with the heading of the former and a reference artte. ' The power of the master to bind the owner by his personal contracts,' 'Hypothecation,' and * The Crew,' form the remainder of the contents of the first volume, of which we should be glad to have made more mention, but it is obviously impossible to criticize in deLail a work in which the bare list of cited cases occupies forty-four pages. •'The question of compulsory pilotage is full of difficulties, which are well summed up by Mr. Kay in his note to page 763 : — ' In the United States no ship is bound to take on board a pilot either going in or coming out of the harbour, but if a pilot offers and is ready, the ship must pay pilotage fees whether he is taken on board or not.' Ships do not exist for pilots, but pilots for ships, so that this option in the use of the pilot, and obligation in the matter of fees, appears to us to be exactly that solution of the difficulty which should not have been arrived at ; and, moreover, it is open to the first objection urged by Mr. Kay against the com- pulsory system of pilotage, which is, that it obliges many ships which do not require pilots to pay for keeping up a staff for those who do. Seven other cogent reasons, for which we must refer the reader to the book itself, though most of them, indeed, will instantly present themselves to the minds of sailors without even an effort of memory, are noted. Section 338 of the Merchant Shipping Act provides that no owner or master of any ship shall be an- swerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsor>' by law. If he interferes to correct the pilot in the handling of a ship, with the peculiarities of which the latter cannot generally be acquainted, he may render himself and the owners liable in case of accident, and so a premium is offered to his indifference, proof being always required that the damage was occasioned solely by the pilot's neglect or fault, to entitle the owners to the benefit of this section. The decision in the case of tlie General de Caen well illustrates some of the difficulties surrounding the subject. She was a French ship upon the Thames, where the employ- ment of a pilot Ls compulsory, and she, therefore, took on board a pilot as well as a waterman to take the wheel in consequence of none of the crew being able to understand English. The waterman put her helm up instead of luffing as the pilot ordered, whereby a barge was run into and damaged. The French owner claimed under .Section 389 of 17 and 18 Vic, c. 104. It was held that the pilot was not answerable for the waterman's incapacity or fault ; that the pilot gave the proper orders ; that it would be contrary to justice to say that the pilot was solely liable for the collision ; that the waterman was the servant of the owners, and that they, there- fore, were liable. The real question at issue seems to have been whether the English pilot ought to have spoken French or the French ship to have bad on board a helmsman who could understand English, and the corollary, when the decision had been given in favour of the former, that the Govern- ment officer, when engaging the helmsman, was acting merely as the agent of the French owners. "The master has a large authority over the passengers on board his ship, equal in cases of great emergency to that which he possesses over the crew. Lord Ellcnborough has decided — it will comfort intending travellers by sea to hear, espe- cially if this country should again become involved in a war with a nation which, unlike Ashanti and Abyssinia, possesses a navy — that a master ex- ceeded the limits of his authority in placing a passenger who refused to fight on the poop, though willing to do so elsewhere, in irons all night on that particular part of the ship to which he had objected. " It is for the interest and security of commerce and navigation that it should be generally known that the amount of service rendered is not the only or proper test by which the amount of salvage re- ward is estimated, but the Court will grant to suc- cessful salvage an amount which much exceeds a mere remuneration for work and labour in order that the salvors should be encouraged to nin the risk of such enterprises and go promptly to the succour of lives or vessels in distress, though they must take care that they do not by their subsequent conduct forfeit their claims to such reward. "That it should be necessary to entice men by money to save the lives of their fellow-creatures is not a matter for congratulation ; still it was no doubt to some extent anomalous that formerly, whilst large proportionate sums were paid for the recovery of property, for the rescuing of human life unless associated with property, no salvage re- ward could be recovered. But by Section 458 of the Merchant Shipping Act the preservation of human life is made a distinct ground of salvage re- ward, with priority over all other claims for salvage where the property is insufficient, and if the value of the property is not adequate to the payment of the claim for life- salvage alone, the Board of Trade is empowered to award to the salvors such sum as it deems fit, either in part or whole satisfaction. "There is, perhaps, no species of service liable to a greater variety of circumstances under which it can be performed than salvage. Consequently we cannot be surprised that questions of this kind fre- quently come before the Courts, and that the num- ber of decided cases is very large ; but Mr. Kay has succeeded in an admirable way in extracting the main points connected with each case, and in pre. scntiiig them in as few words as possible. Of course fuller information may sometimes be required, but the reader will then know where to find it. " In conclusion, we can heartily congratulate Mr. Kay upon his success. His work everywhere bears traces of a solicitude to avoid anything like an obtrusive display of his own powers at the ex- pense of the solid matter pertaining to the subject, whilst those observations which he permits himself to make are always of importance and to the point ; and in face of the legislation which must soon take place, whether beneficially or otherwise, we think his book, looking at it in other than a professional light, could scarcely have made its appearance at a more opportune moment." STEVENS & HAYNES, BELL TAED, TEMPLE BAB. 27 THE LAW RELATING TO SHIPMASTERS AND SEAMEN. REVIEWS OF THE SNORK-^^ntimed. From the LIVERPOOL JOURNAL OF COMMERCE. '"The Law relating to Shipmasters and Seameo — such is the title of a voluminous and important work which has just been issued by Messrs. Stevens and H.-iynes, the eminent law publishers, of London. The author is Mr. Joseph Kay, Q.C., and while treating generally of the law relating to shipmasters and seamen, he refers more particularly to their ap- pointment, duties, rights, liabilities, and remedies. It consists of two large volumes, the text occupying nearly twelve hundred pages, and the value of the work being enhanced by copious appendices and index, and by the quotation of a mass of authori- ties. ... In a short note of dedication Mr. Kay observes that he had been engaged on it for the last ten years. The result of this assiduity and care has been the production of a standard work on the subject to which it relates. ... As to the value of the work itself, it can hardly be properly treated of in limited space. It is divided into fifteen parts which have reference to the public authorities having control in shipping matters, the appointment, certi- ficates, &c., of the master, hisdutioit on the voyage, his duties and powers with respect to the cargo, bills of lading, stoppage in transitu, personal con- tracts binding the shipowner, hypothecation, the crew, pilots, passengers, collisions, salvage, the ma.s- ter's remedies and his liabilities. From this range of topics it will be seen that tlu luork must be an invaluable one to the shifiowner, shipmaster, or consul at a foreign port. The language is clear and simple, while the legal standing of the author is a sufficient guarantee that he writes with the requi- site authority, and that the cases quoted by him are decisive a.s regards the points on which he touches. The work is excellently 'got up,' and its appwar- ance is quite consistent with its standard character as a treatise on the law'relating to shipmasters and seamen." From the BOSTON (U. S.) JOURNAL OF COMMERCE. " Of volumes with such a magnitude of pages, filled with abstruse matter, made plain and clear, we have only room to give the heads of the Ana- lysis of Contents, without alluding to the various branches. They are laid out in fifteen parts, viz. : The Public Authorities ; Appointment, Certificates, &c. of the Master ; the Voyage ; Master's Duties and Powers with respect to Cargo ; Bills of Lading ; Stoppage in Transitu ; When the Master may bind the Shipowner by his Personal Contract ; Hypo- thecation ; the Crew ; Pilots ; Passengers ; Colli- sions ; Salvage ; the Master's Remedies and his Liabilities. Then follow the appendices, thirty-four in number, which contain a great deal of maritime law information, as also the ' Index to Cases,' and here the immense labour of the compiler is seen in its fullest and most distinct sense. The index of cases decided in Courts of Final Appeal, relating to maritime disputes, enumerated in lines alphabeti- cally, makes forty-two long pages. These are ne- cessarily brief in abstract, but they arc really of interest to all shippers and consignees, to masters, owners, and jeamen, to nnderiuriters, and to the assured. It would seem hardly possible that so much valuable and really interesting information could be thrown into so confined a space. " In the abstracts of law cases the decisions of the Supreme Court of the United States are re- ferred to very frequently, as precedents in m.iritinie law, and we note, under the head of ' The Master's Duties to the Passengers, irrespective of the statutes,' that the decisions of our courts are oftentimes men- tioned." "The author tells us that for ten years he has been engaged upon it. . . . Two large volumes containing 1181 pages of text, 81 p.iges of appen- dices, 98 pages of index, and upwards of 1800 ci'.ed ca.ses, atte.st the magnitude of the work designed and accomplished by Mr. Kay. "The total merchant .shipping of the United Kingdom consisted in 1873 of 21,581 vessels of 5,748,097 tons, m.anned by 202,239 seamen; and the total merchant shipping of the whole British Empire consisted of 36,825 vessels of 7,294,230 tons, manned by 330,849 seamen. Mr. Kay justly ob- serves upon these figures : ' For such a vast mer- cantile fleet, one would have thought that every thing would have been done to render the law affecting such a vital part of our Imperial Empire as clear, as simple, and as easily to be inquired into and understood, as was possible.' Unfortunately, everyone knows that the exact contrary is the case, and that, confused as is the condition of almost every department of English jurisprudence, no one department is in a more hopeloss and chaotic state From the LAW JOURNAL. than that which embraces the merchant-shipping laws and regulations. Mr. Kay lells us that these laws are to be discovered by researches into 'thirty- five statutes, seventeen orders in council, great numbers of instructions of the Board of Trade ; great numbers of bye-laws and regulations of the Trinity House and of the different ports ; and great numbers of cases decided on numberless point> in the various courts.' Now, in default of a code setting forth in a clear .and comprehensive manner the law contained in this rudis indigestaque motes, and until such .1 code is formed, the only ;inchor of salvation to mariners and lawyers alike is some one or more treatises on which reliance can be placed. Mr. Kay says that he h.-is ' endeavoured to compile a guide and reference book for masters, ship agents, and consuls.' He has been so modest as not to add lawyers to the list of his pupils; but his u.'ori 7vill, ive think, be loelcomed by lawyers u-ka h^z-e to do with shipping transactions, almost as ctv- dially as it undoubtedly will be by Ikes* wka occupy their business in the great waters. 2S STEVENS & HAYNES, BELL YARD, TEMPLE BAR. THE LAW RELATING TO SHIPMASTERS AND SEAMEN, REVIEWS OF THE WORK^»>'«i'«i " We must not be understood as intimating that all and every part of this work has a legal interest. Much of it concerns only the practical Hfe of the master and crew. But there are many chapters to which members of both branches of the profession, and especially solicitors residing at the great ports, will turn with gratitude to the author in moments of difficulty. For e.\ample, Part IV. is on the master's duties and powers with respect to the cargo, .and deals with hypothecation, freight, lien, and delivery. Part V. contains an exhaustive treatise on bills of lading, with special reference to the etTcct of the transfer of the bill of hiding upon the property named in the bill. Part VI. expl.iins fullythe right of stoppage intransitu, and Part VII. teaches when the master may bind the shipowner by the master's personal acts. So again Part XIII. deals with the principles of salvage, and the nature and reward of salvage services. The great bulk of the book, however, is devoted to the consideration of the rights, duties, and obligations of the master and of the crew. .A/ter explaining the powers and prerogatives of the several public authorities to whose control mariners are subject, the author pro- ceeds to the appointment, certificates, &c. of the master, his general duties and authorities on the voyage towards the shipowner, the charterer, the underwriter, and the harbour master. Next are considered the duties and powers of the master with respect to the cargo, his power to bind the ship- owner by contracts either for necessary supplies or for absolute sale of the ship, and his power of hypo- thecation. Having so considered the position of the master, the author next deals with the crew, their engagement, wages, legal rights towages, and modes of recovery ; their discipline, and the legisla- tion for their protection in life, limb, and pocket. Pilots and pilotage are then considered at great length ; and then we have a survey of the rights and liabilities of passengers, and the statutable provi- sions for their protection. Collisions, salvage, the master's personal remedies and liabilities, complete the list of subjects. The appendices contain an immense variety of forms, tables, scales, &c.. em- bracing fees, medicines, boats, protests, bottomry, and respondentia bonds, orders in council, instruc- tions to emigration officers, lights, bye-laws as to pilots, remuneration of receivers, and other matters and things too numerous for detail. "The volumes are well printed, with wide mar- gins, and present a smart appearance both in cover and page ; and, while they will find their way to the cabins of the masters of all big passenger steamers and merchantmen, they will, we believe, also adorn the sheNes of many lawyers." From the MANCHESTER EXAMINER. " In a brief notice no idea could be given of the importance, or even the extent, of the details referred to in Mr. Kay's book, and a catalogue of the con- tents would constitute a small pamphlet. There arc also in the course of the treatise interesting his- torical references, and the duties and responsibilities of passengers are not overlooked. Speaking gene- rally of the law of shipping, as defined and described in the book before us, we may say that the seaman has a Magna Charta of his own. The rights of the owner, of the ship's officers, and of the sailors are all clearly recognised on the statute book, and the penalty for the infringement is in every case speci- fied. We read of the precautions for the safety of life and property exacted by the authorities, and of the conditions which must be fulfilled before a vessel i^ pronounced seaworthy ; yet we learn with amazement that before 1850 no proper precautions were uken in England to protect the public from the appointment of ignorant and untrustworthy men as masters of ships. In illustr.ition of the various branches of his subject Mr. Kay refers to more than a thousand cases. The appendices also contain a considerable amount of valuable information, and the index is so complete that it indirectly serves the additional purpose of a glossary. In his preface Mr. Kay modestly hopes that his book ' may prove to be a useful book of reference for intelligent masters and for ship agents and consuls in foreign ports on matters relating to shipmasters and seamen.' That it will prove useful to them we have no doubt whatever, and that it will be gratefully accepted as a boon by many others we are equally sure. Directly or indirectly, it cannot but prove an important work of reference to all who are engaged in the shipping trade, and Mr. Kay deserves the thanks of the commercial as well as of the shipping community for ha\ ing so successfully carried out his arduous task." STEVENS ft HA7NES, BELL YABD, TEMPLE BAB. 29 Just published, in one volume, 8vo., price 25^., cloth, AN E SS AY ON THE RIGHTS OF THE CROWN AND THE PRIVILEGES OF THE SUBJECT 31n tfte ^ca ^bores of tbt Ecalm. By Robert Gream Hall, of Lincoln's Inn, I5arrister-at-Law. Second Edition. Revised and corrected, together with extensive Annotations, and references to the later Authorities in England, Scotland, Ireland, and the United States. By Richard LovELAND LovELAND, of the Inner Temple, Barrister-at-Law. " This is an interesting and valuable book. It treats of one of those obscure branches of the law which there is no great inducement for a legal writer to take up. Questions of foreshore, when they arise, are sure to have a great deal of law in them ; but they are few and far between, and Mr. Loveland can scarcely expect his book to obtain the demand it deserves in this country, although we hope that the well-known penchant of American lawyers for subjects with a flavour of leg.il antiquity will give the publishers a market on the other side of the Atlantic. Mr. Hall, whose first edition was issued in 1830, was a writer of considerable power and method. Mr. Loveland's editing reflects the valuable qu.ilities of the ' Essay ' itself. He has done his work without pretension, but in a solid and eflicient manner. The ' Sum- mary of Contents ' gives an admirable epitome of the chief points discussed in the ' Essay,' and indeed, in some twenty propositions, supplies a useful outline of the whole law. Recent cases are noted at the foot of each p.ige with great care and accuracy, while an Appendix contains much valu- able matter ; including Lord Hale's treatise De "Jure Maris, about which there has been so much controversy, and Serjeant Merewcther's learned argument on the rights in the river Thames. The book will, we think, take its place as the modern authority on the subject." — Latv Journal. " The essay of which this is a reproduction was first published in 1830, and Mr. Loveland h.is simply supplied annotations and .".ppendcd Lord Chief Justice Hale's ' De Jure Maris,' the case of Dickens v. Skaiu, the speech of Serjeant Merc- wether in the case of the Attorney-General •t. The Mayor and Corporation o/ London, and forms in use by the Board of Trade. Thus we have a very useful compendium upon a branch of law which for a long time has been and still 18 in a very unsettled state. "The treatise, as originally published, was one of considerable value, and has ever since been quoted as a standard authority. But as time passed, and cases accumulated, its value diminished, as it was necessary to supplement it so largely by reference to cases since decided. A tempting opportunity was, therefore, ofl!ered to an intelligent editor to supply this defect in the work, and Mr. Loveland h.as seized it, and proved his capacity in a very marked manner. As very good specimens of anno- tation, showing clear judgment in selection, we may refer to the subject of alluvion at page 109, and the rights of fishery at page 50. At the latter place he begins his notes by stating under what expressions a ' several fishery ' h.is been held to p.Tss, pro- ceeding subsequently to the evidence which is sufficient to support a claim to ownership of a fishery. The important question under what cir- cumstances property can be acquired in the soil between high and low water m.irk is lucidly dis- cussed at page 77, whilst at page 81 we find a pregnant note on the property of a grantee of wreck in goods stranded within his liberty. "We think we c.in promise Mr. Loveland the reward for which alone he says he looks — that (his edition of Hall's Essay will prove a most decided assistance to those engaged in ciscs relating to the foreshores of the countrj-." — Lavu Times. " The entire book is masterly^ — Albany Law Journal. 30 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. In 8vo., Second Edition, price 2is., cloth, A TREATISE ON THE LAW OF DAMAGES. COMPRISING THEIR MEASURE, THE MODE IN WHICH THEY ARE ASSESSED AND REVIEWED, (The practice of 6ranting |Uto trials, anb tijc ?pal\D i3f ^ct-off. By JOHN D. MAYNE, Of tlie Inner Temple, Barrister-at-Law. Second Edition, By LUMLEY smith, of the Inner Temple, Barrister-at-Law. " Few modern text-books have a higher authority than Ma>-ne on Damages. An argument is seldom heard in the courts upon a question of the measure of damages without the work being referred to ; and there are several points upon which there was, at the date of the first edition (1856), either an absence or a conflict of authority, and upon which the views advanced by the author have since been held to be law by the courts It is fortunate for the reputation of the work that so good an editor has been found for it as Mr. Lumley Smith. The additions to the text of the former edition are dis- tinguished by brackets. Mr. Lumley Smith's work has been well done, and the new cases are skilfully incorporated Probably there is no other one subject upon which the cases reported as well as unreported so frequently present the same diffi- culty of extracting from complicated statements of fact, special in their character and not likely to occur again, the legal principles involved in the decision, so as to be available for guidance in other cases. It is exactly this difficulty which makes the subject one upon which a good text-book such as the present is peculiarly valuable." — Solkitors' Journal. " We are glad that this useful work fell into the hands of so capable an editor as Mr. Lumley Smith. It is always a great advantage gained when an editor has had practical experience of the subject with which he deals, and it is a positive gain to the law when busy lawyers can find time to do well the work which is so apt to fall into the hands of those who have little learning and less practice. The law relating to damages is a branch of our jurisprudence peculiarly practical in its nature and highly important to 6uitor> and the profession ; it is, moreovei; surrounded by difficulties which require a clear explanation before they become intelligible to the ordinary mind "'l"he concluding chapter (c. 19) is very im- portant, and we should like to make copious extracts from it. It deals with the ' powers of the court or judge in regard to damages.' We re- commend it to the attention of our readers, as indeed we do the entire work, which is excellently executed, with an entire freedom from verbosity, and a good index."— Law 'J'itnei. " In the year 1856 Mr. John D. Mayne, a gentle- man of the bar, now enjoying a very extensive practice in the Indian Empire, published a treatise on the Law of Damages. Mr. Mayne conferred a great boon on the profession by his labours, and for sixteen years his book has been regarded with high respect in Westminster Hall. In the ordinary course of things such a lapse of time, from the natural accretion of precedents, would have created a demand for a new edition, but in the particular department of law investigated by Mr. Mayne there has been an extraordinary development of principles, exhibited in numerous cases, upon which the judges have expended a large amount of time, industry, and learning. Consequently, the publi- cation of a new edition is not premature. On the contrary, it was high time that the profession should be supplied with a treatise condensing and arranging the matter brought into existence by the contested cases of that period. It is perfectly intelligible that Mr. Mayne's absence from England and the toil of his professional career have prevented him from undertaking this duty himself. But the per- formance of it has fallen on a deputy, whose success in the discharge thereof might fairly have been anticipated, and who in the result has, we think, not disappointed the reasonable expectations formed concerning him. " Mr. Lumley Smith has evidently been actuated by a modest desire not to despoil the original author of well-earned fame. He has, as far as possible, retained the primary form of the book, and has dis- tinguished what Mr. Mayne wrote from what he himself has written, by enclosing all the later matter in brackets, adding a brief separate chapter on the assessment of damages in the Court of Chancery under Lord Cairns's Act, 21 & 22 Vict. c. 27. He has also cited many Scotch and Irish cases, and the leading American decisions of recent date. " One word with regard to the book itself will not be out of place. It is well printed, in an excellent form, and of a convenient size — no small considera- tions in a text-book, which, from the nature of its contents, is useful rather for reference than for study. Good looks in a book set off its intrinsic merits, just as an imposing appearance adds to the dignity and influence of a judge." — Law Journal. STEVENS & HAYNES, BELL YABD, TEMPLE BAB. 31 MERCANTIIiB LAW. In one volume, demy 8vo., 1866, price los. 6(/., cloth, PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU, RETENTION. AND DELIVERY. By JOHN HOUSTON, of the Middle Temple, Barrister-at-Law. " We have no hesitation in saying, that wc think Mr. Houston's book will be a very useful accession to the library of cither the nierchaut or the lawyer." — Solicitors' youmal. " We have, indeed, met with few works which so successfully surmount the difficulties in the way of this arduous undertaking as the one bclurc us ; for the lant;uaKC is well chosen, it is exhaustive of the law, and is systcuiatiscd with great method." — AtMeriitiH Law Review. In 8vo., price los. 6J., cluih lettered, A REPORT OF THE CASE OF THE QUEEN v. GURNEY AND OTHERS. In the Court of Queen's Bench before the Lord Chief Justice CoCKBUR.v. With an Introduction, containing a History of the Case, and an Examination of the Cases at Law and E(iuity applicable to it ; or Illustrating THE DOCTRINE of Com- mercial Fraud. By W. F. Finlason, Barrister-at-Law. "It will probably be a very long time before the duty was discharged, and nothing could be more prosecution of the Overend and Gurney directors is , natural than that the reporter should publish a forgotten. It remains as an example, and a legal ; separate report in book form. This has been done, precedent of considerable value. It involved the 1 and Mr. Finlason introduces the repurt by one immensely important question where innocent mis- hundred pages of dissertation on the general law. representation ends, and where fraudulent misrepre- To this we shall proceed to refer, simply remarking sentation begins. ! before doing so, that the charge to the jury has " All who perused the report of this case in the i been carefully revised by the Lord Chief Justice." columns of the Times, must have observed the i — Law Times. remarkable fulness and accuracy with which that I izmc, 1866, price lar. 6(/., cloth, A TREATISE ON THE GAME LAWS of ENGLAND & WALES: Including Introduction, Statutes, Explanatory Notes, Cases, and Index. By John Locke, M.P., Q.C., Recorder of Brighton. The Fifth Edition, in which are introduced the GAME LAWS of SCOTLAND and IRELAND. By GiLMORE Evans, of the Inner Temple, Barrister-at-Law. In royal Svo., 1867, price lO-f. 6if., cloth, THE PRACTICE of EQUITY by WAY of REVIVOR & SUPPLEMENT. With Forms of Orders and Appendix of Bills. By LoFTUS Leigh Pemberton, of the Chancery Registrar's Office. " Mr. Pemberton has, with gre.it care, brought I will prob.ibly be applied to future cases."— ^<»/A together and classified all these conflicting cases, citors' Jourtutl. and has, as far as may be, deduced principles which | In Svo., 1873, P"'^^ 5-^-» clo'h. THE LAW OF PRIORITY. A Concise View of the Law relating to Priority of Incumbrances and of other Rights in Property. By W. G. Robinson, M.A., Barrister-at-Law. " Mr. Robinson's book may be recommended to I tioner with a useful supplement to larger and more he advanced student, and will furnish the practi- I complete works."— Jo/iiltorj' ymtmai. 32 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. ELECTIOlSr L^ ^W. In crown 8vo., 1874, price 14^., cloth lettered, A MANUAL OF THE PRACTICE OF PARLIAMENTARY ELECTIONS Throughout Great Britain and Ireland. COMPRISING THE DUTIES of RETURNING OFFICERS and their DEPUTIES, TOWN CLERKS, AGENTS, POLL-CLERKS, &c., AND THE ^ali) of (Election (E vp ens cs, Corrupt yriuticcs, k Illegal Jai^ments, WITH AN APPENDIX OP STATUTES AND AN INDEX. By henry JEFFREYS BUSHBY, Esq., One of tlie Metropolitan Police Magistrates, sometime Recorder of Colchester. FOURTH EDITION, Adapted to and embodying the recent changes in the Law, inchcding the Ballot Act, the Instriutions to Returning Officers i?i England and Scotland issued by the Home Office, and the whole of the Statute Law relating to the subject. Edited by HENRY HARD CASTLE, OF THE INNER TEMPLE, BARRISTER-AT-LAW. "We have just received at a very opportune moment the new edition of this useful work. We need only say that those who have to do with elections will find ' Bushby's Manual ' replete with information and trustworthy, and that Mr. Hard- castle has incorporated all the recent changes of the law." — Law Journal. " As far as we can judge, Mr. Hardcastle, who is known as one of the joint editors of O'Malley and Hardcastle's Election Reports, has done his work well. . . . For practical purposes, as a handy manual, we can recommend the work to returning officers, agents, and candidates ; and returning officers cannot do better than distribute this manual freely amongst their subordinates, if they wish them to understand their work." — Soti- citors' Journal. A Companion Volume to the above, in crown Svo., price %s. cloth, lettered, THE LAW AND PRACTICE OF ELECTION PETITIONS, With an Apficndix contaiiiiiiL,' tlic Parliamentary Elections Act, 1868, the General Rules for the Trial of Election Petitions in England, Scotland, and Ireland, Forms of Petitions, iS:c. By Henry Hardcastle, of the Inner Temple, Barrister-at-Law. " Mr. Hardcastle gives us an original treatise with foot notes, and he has evidently taken very considerable pains to make his work a reliable euidc. Beginning with the effect of the Election Petitions Act, 1868, he takes his readers step by step through the new procedure. His mode of treating the subject of ' particulars ' will be found extremely useful, and he gives all the law and practice in a very small compass. In an Appendix is supplied the Act and the Rules. We can thoroughly recommend Mr. Hardcattle's book as a concise manual on the law and practice of election petitions." — Law 'J'iines. Now ready. Volume I., price 30j-.; Volume II., price 2^s.; and Volume III., Part I., price 5^. REPORTS OF THE DECISIONS JUDGES FOR THE TRIAL OF ELECTION PETITIONS IN ENGLAND AND IRELAND. PUR.SUA.WT TO THE PAR LfAMENTARV ELECTION.'; ACT, 1SC8. By EDWARD LOUGHLIN O'MALLEY and HENRY HARDCASTLE, Barkisters-at-Law. STEVENS & HAYNES, BELL YAED, TEMPLE BAR. 88 ^ttbtixi auK l^nmti' ^fri'rsi of l^rprintS of tf)f (Sarin ilfportrrg. SOME RARE LAW BOOKS. [Fraw "The Ai.nANY Law Journal."] " Law books arc not generally things of beauty. There is nothing particularly grati- fying to the esthetic tlepartnient of the human organism in the conventional typo^^raphy and sheep-skin. Some of our publishers give considerable attention to the mechanical execution of their books, and deserve and receive a good degree of credit therefor. But, after all, their labours seldom please the eye. In most marked contrast to even the very best of our books, are a series of law books that have been recently issued by Messrs. Stkvkns & IIaynes, of London. They are reprints of some of the scarcest of the Old English Reports, and in their mechanical execution would delight the heart of Aldus Manutius, Thuanus, or any other admirer of elegant editions. The bLick letter type of the originals is faithfully reproduced, the curious old-style spelling and interchange of letters have been closely followed, while the rich anti(|ue calf covers are, no doubt, superior to anything that served to encase the original Reports. These editions have been carefully prepared, and some of the volumes have been enriched with notes added in MS. to some copy of the original by its learned owner generations ago. "This enterprise of Messrs. Stevens & IIaynes is a matter of universal interest, and appeals to every lover of elegant books. The works which they have reproduced are those which were the scarcest, and for copies of which the most exorbitant prices were demanded. The following is a brief description of the matter of these volumes." BELLEWE'S CASES, T. RICHARD U. In 8vo., price 3/. 3J"., bound in calf antique, LES ANS DU ROY RICHARD LE SECOND. Collect' ensembl' hors les abridgments de Statham, Fitzherbcrt, et Brooke. Per Richard Bellewe, de Lincolns Inne. 1585. Reprinted from the Original Edition. " No public library in the world, where English highly credit.ible to the spirit and enterprise of law finds a place, should be without a copy of this private publishers. The work is an important link edition of Bellewe." — Canada Laiu Journal. in our Icg.-il history; there are no year books of. the reign of Richard II., and Hellewe supplied the only "We have here a. facsimile edition of Bellewe, substitute by carefully extracting and collecting all and it is really the most beautiful and admirable the cases he could find, and he did it in the most reprint that has appeared at any time. It is a convenient form— that of alphabetical arrangement perfect gem of antique printing, and forms a most in the order of subjects, so that the work is a digest interesting monument of our early legal history. as well as a book of law reports. It is in facta It belongs to the same class of works as the Year collection of cases of the reign of Rich.ard II., Book of Edward I. and other similar works which arranged according to their subjects in alphabetical have been printed in our own time under the order. It is, therefore, one of the most intelligible auspices of the Master of the Rolls ; but is far ( and interesting legal memorials of the Middle superior to any of them, and is in this respect Ages." — Law Times. CUNNINGHAM'S REPORTS. In 8vo., price 3/. 3^., calf antiy the Recent Decisions of the Courts of the L nited Kingdom and America. By Robert Campbell, Advocate of the Scotch Bar, and of Lincoln's Inn, Barrister-at-Law. In this Essay, the Author reviews old principles in the light of recent ilecisions ; combining • the point of view of the practitioner — noting the latest phase of judicial opinion ; with the attempt to digest ami harmonize the law, so that (if possible) new decisions may seem to illustrate old and familiar principles, or that the extent and direction of the change introduced by each decision may be correctly estimated. " I would also reftr to some ingenious remarks is about to devote his attention to other subjects, as to the misapplication of the term ' ^oss tii-f;- which, from the success of his first attempt, we ligeftce' which arc to be foimd in a ver>' good book : shall expect to sec him ehicidatc considerably. If, — Campbell's Law of Negligence." — /»/r. justice however, he should ever find time to cxp;ind this Willes in the case of " Oppenhei'H v. White Lion tract on the Law of Negligence into a complete Hotel Co." trc;itisc, we shall expect to find it one of the most "We presume from this being styled the first of 5atisf.ictory text-books on English law." — Solicitor^ a series of practical Law Tracts, that Mr. Campbell Jour^uii. 36 STEVENS & HAYNES, BELL YARD, TEMPLE BAE. THE LAW MAGAZINE & REVIEW. NOTICE TO SUBSCRIBERS AND THE PUBLIC. This old-established Legal Periodical (commenced in 1828) having passed into the hands of new proprietors, and under new editorship, is now published in its old form, as a Quarterly, in November, February, May, and August, at Five Shillings per number. The first number of the Fourth Series was published on the 1st November, 1875. Special arrangements have been made by the Proprietors for giving to this, the only English Quarterly Review of Jurisprudence, unique information on Legal Bibliography and the Progress of Juridical Science on the Continent, which will be confided to their Foreign Editor, with the assistance of eminent Continental Jurists. A feature of great practical utility will be A QUARTERLY DIGEST OF CASES REPORTED IN THE Law Reports, Law Journal, Law Times, and Weekly Reporter. Particular attention will also be paid to American and Colonial Jurisprudence, and the Magazine will, as ever, afford its best sup- port to all measures calculated to advance the true interests of Legal Science and of the Profession. The Number for February 1876, being the Second of the Fourth Series, will contain, with other Papers, the followijig Articles : — The Exterritoriality of Public Ships of War in Foreign Ports. By Sir Travers Twiss, Q.C, D.C.L. The Public Worship Regulation Act 1874. By Chancellor Burton. Education for the Bar. By Sir Edward Creasy. Insurable Interests. By G. Stegmann Gibb, L.L.B. Memoir of the late Sir Edward Vauohan Williams. Punishments under Hindu Law. By William Raymond Fink. Quarterly Digest of Cases. &c. &c. &c. An Annual Subscription of 20s., paid in advance to the Publishers, will Hecure the receipt of the LAW MAGAZINE, free by post, within the United Kingdom, or for 23s. to the Colonies and Abroad. STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 87 AMERICAN AND COLONIAL LAW WORKS. *^,* Should the Profession have any difficulty in procuring any of the fulltKving Books throui^h their usual Bookseller, application to Steve.ns & Haynes -i'/// meet with prompt attention. ABBOTT'S NEW YORK DIGEST. Entirely recast, revised, corrcclcil, aiul consolidatcil. A Dij^cbt of New York Statutes and Reports from tiie Earliest Period to the Year 1873. Comprising the Adjudi- cations of all the Courts of the State, together with the Statutes of General Application. By Benjamin Vaughan Aubutt and Austin Aiibott. In 6 royal bvo. volumes, price 9/. 15J., bound. Now ready, Volumes I. to XIV., THE AMERICAN REPORTS. Containing all Casks of Genkral Valle, DECIDED BY THE COURT OF LAST RESORT IN EVERY STATE IN TIIE UNION. The Reports of the Courts of Last Resort of the several States contain cases of great general importance, and which are always considered as higli authority by the Courts of the other States, but they arc buried beneath a mass of practice and local cases of no value outside of the States in which they are decided. In "The American Reports" the plan is to give all cases having a general value, hereafter decided by the Court of Last Resort in every State, unencumbered by Practice Cases and those of local importance only. In Svo., 1S73, price 15.^., bound, MANUAL OF THE LAWS AND COURTS OF THE UNITED STATES, AND OF THE SEVERAL STATES AND TERRITORIES. By Horace Andrews, of the New York Bar. This book is a complete summary in convenient form of the Jurisdiction of all the Courts, and of the Laws of the United States and all the other States and Territories, for the use of Lawyers, Notaries, Commissioners, Collecting Agents and business men- FIRE INSURANCE CASES. Being a Collection of all the Reported Cases on Fire Insurance in England, Ireland Scotland, and America, from the earliest period to the present time, Chronologi cally arranged. With Notes and References. By Edmlwd H. Bennett, Vol. I., covering the period from 1729 to 1839; Vol. II., from 1840 to 1849 Vol. III., from 1849 to 1854. Three vols., royal Svo. 1872-4. Price 5/. icw., law calf. Royal 8vo., 1873, price 42J., law calf, BIGELOW'S INDEX OF OVERRULED CASES. The attempt has been made in this Volume to collect ail the reported cases from the earliest period to the present time which have been REVISED, OVERRULED, DENIED, DOUBTED, OR MODIFIED, With such of the cases explained or distinguished as were deeme-., cloth, LEADING CASES ON SALES. A Selection of Cases on ilie Law of Sales of Pergonal Property. With References and Citations. By C. C. I.ANt.Dr.i i.. 1 'ane Professor of Law in ILirvard University. NEBRASKA REPORTS. ~ Reports of Cases in the Supreme Court of Nebraskx By Jame.s M. Woolworth, CounscUor-at-Law. 3 vols., Svo. 1S71-73. 7/. icw. NEW YORK. Reports of Cases Argued and Determined in the Superior Court o( the City of New Vork. By J. McSWEENEY. 1S69-70. Two vols., Svo. 3/. los. 40 STEVENS & HAYNES, BELL YAED, TEMPLE BAR. AMERICAN AND COLONIAL LAW m\[l^-continued. NEVADA REPORTS. Reports of Cases Detennined in the Supreme Court of the State of Nevada. Nine vols., 8vo. 1S65 to 1S73. 27/. %• These Reports contain numerous Decisions upon Mines and Mining Claims, Mining Rights, &c. NEW YORK SUPREME COURT REPORTS. Reports of Cases Argued and Determined in the late Supreme Court of the State of New York, 1842, 1843, ^^^^ 1844. By T. M. Lalor. Being a continuation of Hill and Denio's N. Y. Reports. One vol., 8vo. 1857. 30^-. THOMPSON AND COOKE'S NEW YORK SUPREME COURT REPORTS. COMMENCING JUNE, 1873. Vols. I., II., and III. now Ready. Price 35J. each, law calf ~THE CIVIL CODE OF THE STATE OF NEW YORK. Reported complete by the Commissioner of the Code. 8vo. 1865. i8j. OREGON REPORTS. Reports of Cases Argued and Determined in the Supreme Court of the Territory of Oregon, and of the Slate of Oregon, 1853 to 1870 ; and Cases in the Circuit Courts of Oregon, 1867 to 1S72. Three vols., 8vo. 9/. PARSONS' (T.) LAW OF MARINE INSURANCE AND GENERAL AVERAGE. Two vols., royal 8vo. 1868. 3/. cloth. Fourth Edition, royal 8vo., 1873, 36J., cloth lettered, A PRACTICAL TREATISE ON THE LAW OF COVENANTS FOR TITLE. By William Henry Rawle. Fourth Edition, revised and enlarged. SCHOULER (J.) ON THE LAW OF DOMESTIC RELATIONS; Embracing Husband and Wife, Parent and Child, Guardian and Ward, Infancy, and Master and Servant. Second Edition. One vol., royal 8vo, 1874. 38J. cloth. SHEARMAN AND REDFIELD ON THE LAW OF NEGLIGENCE. Third Edition, royal 8vo. 1874. 35^. cloth. In two volumes, royal 8vo., 1873, price 75j-., cloth, COMMENTARIES ON EQUITY JURISPRUDENCE. As administered in England and America. By Joseph Story, LL.D. Eleventh Edition, carefully revised, with Notes and Additions, by F. J. Balch. STORY'S COMMENTARIES ON AGENCY. Ki^'htli Jvlition, 187.^. By N. St. John Grken. 35^-. cloth. " STORY (W. W.) ON THE LAW OF CONTRACTS. Fifth Edition. Revised and enlarged by Melville M. Bigelovv. Two vols., royal 8vo., price 75^. cloth. STEVENS & HAYKE8, BELL TABD, TEMPLE BAi. 41 AMERICAN AND COLONIAL LAW m?^l'$>-continueci. A TREATISE ON THE VALIDITY OF VERBAL AGREEMENTS. As a/Tected by the Legislative Flnactmcnts m Lnj^land and the United States, commonly called the Statute of Frauds ; includinfj also the effect of Partial and Complete Performance and the sufficiency of the Writing in Cases where \erLai Agreements are not valid ; together with other kindred matters ; to which are prefixed transcripU of the various Statutes on the subject now in force in both Countries, By Montgomery H. Throop, Royal 8vo. 1870. Price 35J. cloth. UNITED STATES CIRCUIT COURT REPORTS. Reports of Cases at Law and Equity, and in the Admiralty, Determined in tlie Circuit Court of the U. S. for the District of Maryland, liy R. li. Taney, Chief Justice of the Supreme Court of the U. S. April T. 1836 to April T. 1861. One vol,, 8vo. 35J-. UNITED STATES DISTRICT COURT REPORTS. Reports of Cases Argued and Determined in the District Courts of the U. S. within the Second Circuit. By Robert D. Benkuict. 1865 to 1871. Four vols. 8vo. 9/. %* Numerous and valuable Decisions concerning Collisions at Sea are contained in these volumes. The Reports in all the U. S. District Courts contain Decisions in Admiralty, WASHINGTON TERRITORY REPORTS. Opinions of the Supreme Court of the Territory uf Washington, 1854 to 1864. One vol., Svo. 2/. lOr. WHARTON'S CRIMINAL LAW. Seventh and Revised Edition. Three vols., royal 8vo. 1874. Vol. I. Principles, Pleading, and Evidence. Vol. IL Cri.mes. Vol. III. Practice. Price £s, cloth. A TREATISE ON THE CRIMINAL LAW OF THE UNITED STATES. By Francis Wharton, LL.D., Author of "Conflict of Laws," "Precedents of Indictments and Pleas," " Medical Jurisprudence," " Law of Homicides," A:c. Third Edition, 1873, two volumes in three, price 5/. i^s. 6J., law calf, WHARTON AND STILLE'S MEDICAL JURISPRUDENCE. The first volume containing a Treatise on Mental L nsoundncss, embracing a general view of Psychological Law, by Francis Wharton, LL.D. The second in two parts, embracing the topics of Foetus and New Born Child, and DilTerence of Sex, by Samuel Ashiurst, M.D., of Philadelphia; Poisons, by Rohert Amory, M.D., of Brookline, Mass.; Wounds and Signs of Death, by WhartuN Sinklkr, M.D., of Philadelphia ; Psychological and Legal Notes, by Francis Wharton, LL.D. WOOLSEY'S INTRODUCTION TO THE STUDY OF INTERNATIONAL LAW. Fourth Edition, post 8vo. 1S74. Price &;. 6retenitous but admi- rable Utile book makes the duties of all parties under tlie Act abundantly clear. . . . Lawyers 7uill/ind the book not only handy, but also instruc- tive and suggestive. To registrars, and all persons engaged in the execution of the law, the book will be invaluable. The index occupies thirty-tU e pages, and is so full that information on a minute point can be obtained without trouble. It is an index that must have cost the author much thought and time. T/ie statements of what is to be done, who mav do it, and ivhat must not be done, are so dear that it is well nigh im(>ossible for any one who consults th* book to err. Those who use ' Flaxman's Regis- tration of Births and Deaths ' will admit that our laudatory criticism is thoroughly merited."— Zrta< journal. "Mr. Arthur John Flaxman, b-irrister-at-law of the Middle Temple, has published a small work on 1 he Law Concerning the Registration of Births and Deaths m England and Wales, and at Sea.' Jlr. Flaxman has pursued the only possible plan, giving the statutes and references to cases. The remarkable feature is the index, which tills no less th.in 45 out of a total of 112 pages. The index alone would be extremely useful, and is worth the money asked for the work.'"— Zrta; Times. a STEVENS & HAYNES, BELL YARD, TEMPLE BAR. Just published, in 8vo., Third Edition, price 5^., cloth, THE MARRIED WOMEN'S PROPERTY ACT, 1870, Married JJ^omeus Property Act, i8yo, Ainejidment Act, iSj/j.. ITS RELATIONS TO THE DOCTEINE OF SEPAEATE USE. ?23id) apprntJi^ of ^tatuteg, Casit^ airt iToimfi. By J. R. GRIFFITH, B.A. Oxon., OF Lincoln's inn, babbister-at-law. " Mr. Griffith's useful little book has reached a third edition,' and, as will be seen from the title, now includes the Amending Act. Both Acts are well understood and clearly interpreted by Mr. Griffith." — Solicitors' Journal. " Mr. Griffith, the editor of the present work (and he is also the editor of that excellent treatise, ' SncU's Principles of Equity') has, by his introduc- tion and notes, given to the lawyer every necessary assistance in the interpretation of these statutes. which, from their somewhat revolutionary character, require to be carefully studied in order that their relation to the principles of the status of married women at Common Law and in Equity may be appredated. All the cases decided" under these Acts have been quoted and considered ; while in the introduction there is a concise statement of the liability of the wife's separate estate to her general engagements." — Irish Law Times. In 8vo., 1872, price Ts. 6 J., cloth, AN EPITOME AND ANALYSIS OF SAVIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW. By ARCHIBALD BROWN, M.A. Edin. and Oxon. and B.C.L. Oxon., of the Middle Temple, Barrister-at-Law, "Mr. Archibald Brown deserves the thanks of all interested in the science of law, whether as a study or a practice, for his edition of HeiT von .Savigny's great work on ' Obligations.' ^^r. Brown has undertaken a double task — the translation of his author, and the analysis of his author's matter. That he has succeeded in reducing the bulk of the oriiiinal will be seen at a glance ; the French translation consisting of two volumes, with some five hundred pages apiece, as compared wiib Mr. Browa's thin volume of a hundred and fifty pages. At the same time the pith of Von Savigny's matter seems to be very successfully pre- served, nothing which might be useful to the English reader being apparently omitted. " The new edition of .Savigny will, we hope, be extensively read and referred to by English lawyers. If it is not, it will not be the fault of the translator and epitomiser. Far less will it be the fault of Savigny himself, whose clear definitions and accu- rate tests are of great use to the legal practitioner." — Law "Journal. STEVENS & HATNES, BELL TASD, TEMPLE BAS. 45 THE LAW OF EXTRADITION. Just published, Second Edition, in 8vo., price l8x., cloth, A TREATISE UPON THE LAW OF EXTRADITION WITH THE CONVENTIONS UPON the SUBJECT EXISTING BETWEEN ENGLAND AND FOREIGN NATIONS, AND THE CASES DECIDED THEREON. By EDWARD CLARKE, OF LINCOLN'S INN, BARRISTER-AT-LA\V, AND LATE TANCRED STUDENT. " Mr. Clarke's accurate and sensible book is the best authority to which the English reader can turn upon the subject of Extradition." — Saturday ReviciD. " The opinion we expressed of the merits of this work when it first appeared has been fully justified by the reputation it has gained. This new edition, embodying and ex- plaining the recent legislation on extradition, is likely to sustain that reputation There are other points we had marked for comment, but we must content ourselves with heartily commending this new edition to the attention of the profession. It is seldom we come across a book possessing so much interest to the general reader and at the same time furnishing so useful a guide to the lawyer." — The Solicitors' Journal. "The appearance of a second edition of this treatise does not surprise us. It is a useful book, well arranged and well written. A student who wants to learn the principles and practice of the law of extradition will be greatly helped by Mr. Clarke. Lawyers who have extradition business will find this volume an excellent book of reference. Magistrates who have to administer the extradition law will be greatly assisted by a careful perusal of ' Clarke upon Extradition.' This may be called a warm commenda- tion, but those who have read the book will not say it is unmerited. We have so often to expose the false pretenders to legal authorship that it is a pleasure to meet with a volume that is the useful and unpretending result of honest work. Besides the Appendix, which contains the extradition conventions of this country since 1843, we have eight chapters. The first is ' Upon the Duty of Extradition ; ' the second on the ' Early Treaties and Cases ; ' the others on the law in the United States, Canada, England, and France, and the practice in those countries." — T/ic La~v Journal. "One of the most interesting and valuable contributions to legal literature which it has been our province to notice for a long time, is ' Clarke's Treatise on the I^aw of Extradition.' Mr. Clarke's work comprises chapters upon the Duty of Extradition ; Early Treaties and Cases ; History of the Law in the United States, in Canada, in England, in France, &c., with an Appendix containing the Conventions existing between England and Foreign Nations, and tiie Cases decided thereon The work is ably prej^ared throughout, and should form a part of the library of every lawyer interested in great Constitutional or International Questions." — Albany Law Journal. The Times of September 7, 1874, in a long article upon " Extradition Treaties," makes considerable use of this work, and writes of it as "J/r. Clarke s useful Work on Extradition," 4C STEVXKS & HAYITES, BELL YARD, TEMPLE BAH. PRACTICE OF CONVEYANCING. This day is published, in Que Volume, 8vo., price 14^., cloth, CJtlc ^tih: THEIR CUSTODY, INSPECTION, AND PRODUCTION, at i-iito, in Cqmtp anD in a^attcr^ of Conbcpancing, INCLUDING COVENANTS FOR THE PRODUCTION OF DEEDS AND ATTESTED COPIES ; lilth an Appendix of Precedents, the Vendor and Purchaser Act, 1874, Sp'c. (Sr't-. (Sr'c. By WALTER ARTHUR COPINGER. OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; Author of " The Law of Copyright '' and " Index to Precedents in Conveyancing." " There is no subject on zvliich a practical knowledge is more required than that of title deeds ; and this volume supplies a want. Mr. Copinger has, in his well-written chapters, entered most fully and thoroughly into the special subject matter of his zvork, and has accordingly produced a book worthy of being used by every careftil conveyancer who knows t/ie importance of studying all questions of title."— The Law. *' In dealing with 'documentary evidence at law and in equity and in matters of con- veyancing, including c(jvenants for the production of deeds and attested copies,' Mr. Copinger has shown discrimination, for it is a branch of the general subject of evidence which is very susceptible of independent treatment. We are glad, therefore, to be al)le to approve both of the design and the manner in which it lias been executed. "The work opens with a chajjter on the custody of title deeds (i) generally, (2) iK'twcen trustees and ccstuis i/nc trust, (3) between mortgagee and mortgagor, and (4) miscellaneous. Chapters II. and III. treat of the production of title deeds at law and in equity. In Chapter IV. the author considers the custody and production of title deeds on a sale, (l) as relates more particularly to the vendor, and (2) as relates more par- ticularly to the purchaser. Chapter V. treats of the non-production of title deeds ; Chapter VI. of the purchaser's right to the title deeds ; Chajitcr VII. of attested cojiies ; whilst Chapter VIII., which will pn^ve very useful to conveyancers, deals with covenants for theprfxluction of deeds. There is an elaborate ajijiendix containing precedents. " Tlie literary execution of the work is good enough to invite quotation, but the volume is not large, and we content ourselves with recommending it to the profession." — Ijra Ttmci. " .\ really good treatise on this subject must be essential to the lawyer ; and this is what wc have here. Mr. Copinger has supjjlied a much-felt want by the compilation of thii volume. We have not sf>ace to go into the details of the book ; it appears well arranged, clearly written, and fully elaborated. With these few remarks we recommend ihist Vfdumc to our readers. It may be remarked that there is an appendix added, •howing the nature of the evidence required in verification of abstracts, a list of the Marches and inquiries which should be made on a purchase, and concluding with a ■dectjon of precedents of covenants for production of deeds." — Law Journal. In Svo., 1875, price 9^., cloth, 1 i) it Ai S 01^' Xj lii A S Jil S And other fomiK relating to Land in Ireland ; with an Introduction and Notes. I'.y John Henry Edge, Barrister-at-Law. STEVENS & HAYNE8, BELL YAKD, TEMPLE BAE. 47 Nina Ready, in One thick Volume, 8vo., of nearly One Thousand Pages, price \2S., strongly bound in Cloth, A MAQISTERIAL & POLICE GUIDE: Beiiiff rljc »)tatiite Hato, INCLUDING THE SESSION OF 1874, WITH NOTES AND REFERENCES TO THE MOST RECENTLY DECIDED CASES, RELATING TO THE PROCEDURE, JURISDICTION, and DUTIES of MAGISTRATES AND POLICE AUTHORITIES, IN THE METROPOLIS AND IN TIIF. COUNrRY . With an Introduction showing the General Procedure before Magistrates both in Indictable and Summary Matters. BY HENRY C. GREENWOOD, Stipendiary Magistrate for tlie District of the Staffordshire Potteries, TEMPLE c"." MARTIN, Of the Southwark Police Court. NOTICES OF THE WORK. LAW TIMES. ' ' For the form of the work we have nothing but commendation. We may say we have here our ideal law book. It may be said to omit nothing wliich it ought to contain." SOLICITORS' JOURNAL. " This handsome volume aims at presenting a comprehensive magisterial handbook for the whole of England. The mode of arrangement seems to us excellent, and is well carried out. " As to the care with which the work has been executed, a somewhat minute exami- nation of three or four of the divisions enables us to speak on the whole favourably." MORNING POST. " Great pains have evidently been taken in every part of the work to ensure correct- ness ; and this quality, together with that of its great comprehensiveness, can scarcely fail to render this guide to procedure before magisterial and police authorities eminently acceptable to the many classes of persons to whom full and accurate information on the subject it deals with is often of the utmost importance." DAILY NEWS. " The Magisterial and Police Guide, by Mr. Henry Greenwood and Mr. Temple Martin, is a model work in its conciseness, and, so far as we have been able to test it, in completeness and accuracy. // ought to he in the hands of all 7vko, as magistrates or otherwise, have authority in matters of police^'' LIVERPOOL MERCURY. " Both to justices and practitioners desirous (jf obtaining a book of reference giving the present practice of the courts, this l)ook will be found of great service — nay, almost mvaluable." SATURDAY REVIEW. " Mr. Greenwood, stipendiary magistrate in the Staffordshire Potteries district, and Mr. Martin, of the Southwark Police Court, have produced a portly magisterial hand- book applicable to the whole of England. It contains all the statute law relating to the procedure, jurisdiction, and duties of magistrates and police authorities, with notes and references to recent decisions, and appears to be put together, as might be expected from the professional experience of the authors, in a thorough and business-like manner." MIDLAND COUNTIES HERALD. " This ivork is eminently practical, and supplies a real want. It pJainly and concisely states the law on all points upon which Mas^istrates are called upon to adjudicate, systematically arranged, so as to be easy of reference. It ought to find a place on every fustice^s table, and we cannot but think that its usefulness will speedily ensure for it as large a sale as its jnerits deserve.'''' 6TBVXN8 & HAYNES, BELL YASD, TEMPLE BAE. Now reailv, in one volume Svo., price 2cxr., cloth, THE SUPREME COURT OF JUDICATURE ACTS, 1873 & 1875 : With the Rules. Orders, and Costs thereunder : edited with Copious Notes, Kcfcrv-ncos, and a ver)- Full Index, and forming a complete Book of rr.u-lue under the above Acts. By Wii.LiAM DowNES Griffith, of the Inner Temple, B;u-rister-at-Law ; late Her Majesty's Attorney-General for the Colony of the Cape of Good Hope ; Author of " Griffith's Bankruptcy," 7X/ ahve f>cund in btst basil Uathir 25^. Do. do. law calf 26s. RavlewB of Mr. W. Downes Griflath's Edition of the Judicature Acts. Mr ■ ' ■ tr-i on the nilcs .ire very volumi- MOB« ^ c five p.ipes on the decisions as 10 k:: . ..t of the jurisdiction, five pages OS (crticr ot iTi'vcN'', nine pjjtcs on misjoinder and Boajadtder 01 panics, three p.tgcs on demurrers, ihmeen pnj:c< w-ith a host of cited cases on dis- .;cson production and inspection, c of trial, and thirteen pages on :is and suits by death, marriage, in»^I»c!i y, .\c. There is in these elaborate notes mailer of great value and interest. The author carefully points out in what respect any given rule follows the old practice, or introduces any new elements. T/i^ index is rctnarkable for its unparalleled copiousness, and too nnich applause cannot be bestowed on Mr. Crlffith/orhis industry in this respect. We never before observed in any book an index of 146 pages, and those who use Mr. GrilTith's book will highly appreciate this part of it. Neither can we fail to praise the type, paper, and Kcneral appearance of the work, which are all excellent." — Laiv Journal. to a of the ^ we have already had occasion completely mastered the scope .ticipations of points likely to arise in practice cannot fail, in the necessary absence of juaicial decisions, to be of great value to the prac- tising lawyer." — Law Magazine. " Mr. Griffith is not a novice in leg.nl literature. He attacked the very formidable subject of bank- ruptcy practice under the Act of 1861, in building up tvolaritc ToUime^ on the basis of Archbold. In that •" -^ '" ■>'-wed catmcity for collating and am: . :■ ! the Practice h.a.s proved of the rrca: •lily to bankruptcy practitioners. The ....... ,. I ;.-i, scned him in dealing with bankr- h.ii scrv'ed him well in hit treatmc .ture Acts. The industry and care tki,,'^ i.-. i,.^- ocstowed upon the index have produced a oom[ Wt », i; I Ki. (./-iNii, i.TAMr'»ir> 'Turn jisri chakiko cnose. x^ AA 000 799 302 UNIVERSITY OF C ALIFORM A L.URARV Los Angeles This book is UL t on th f last date stanipetl beloK. MAY 4 1977 Form L,9-Series 4939 .<