IV. OBSERVATIONS ON 17 & 18 Vict. cap. 104. The Merchant Shipping Act, 1854. 17 & 18 Vict. cap. 120. The Merchant Shipping Repeal Act, 1854. 18 & 19 Vict. cap. 91. The Merchant Shipping Act Amendment Act, 1855. 25 & 26 Vict. cap. 63. The Merchant Shipping Act Amendment Act, 1862. 15 Fenchurch Buildings, London: December 1866. INTRODUCTORY REMARKS. It is impossible to deny that the issuing of the Merchant Shipping Act (17 & 18 Vict. cap. 104), 1854, was in so far a complete success, as it not only brought into operation very useful enactments on matters connected with the Maritime Law of the country, which had been previously entirely neglected by the legislature, but has proved beyond doubt that when in course of time this Principal Act with its Repeal Act (17 & 18 Vict. cap. 120), 1854, and its Amendment Acts (18 & 19 Vict. cap. 91), 1855, and (25 & 26 Vict. cap. 63), 1862, should have been properly revised, so complete and efficient a codification could be arrived at that even foreign governments would acknowledge its usefulness, and would not be slow in adopting it without much diplomatic interference; by this hitherto unusual but certain process the chances are not very remote that the legis lature of our country may be able to lay the foundation of what is acknowledged to be generally wanting, a Codification of International and General Maritime Law. No power is so well able to take the initiative in so noble a design as Great Britain, but I admit the difficulties can only be overpowered by doing justice to all acknowledged international principles, and by not attempting to particularise too much. The more general the views taken in fixing upon principles, the greater the chances of our final success. The following observations have been prepared with the intention that whenever the Board of Trade should think the time arrived for a proper revision of the above Acts—which I sincerely hope is not far distant-they may be considered as suggestions of a mind for thirty years practically engaged in treating matters of International and General Maritime Law. That one complete Act would generally be preferred to another Amendment Act I ought not to omit to state, and, although enactments as to the Law of General Average, of Freight, of Bottomry, and of Marine Insurance would be very desirable indeed, I would rather recommend the postponement of legislation on the two last subjects, Bottomry and Marine Insurance, than see further delayed what may be called the issue of the first or principal Code on matters of General Maritime Law. The embodying into the new Maritime Law of the International General Average Rules (framed at York in 1864, under the auspices of the present Lord Chief Baron and the Judge of the Probate Court) and the International Law of Affreightment (framed at Sheffield in 1865, under the auspices of the present Queen's Advo cate*) would undoubtedly be very acceptable to the mercantile community in general. How far an alteration in the present system of stating averages could improve its efficiency by establishing a state of things similar to that in practice on the Continent will have to be very carefully considered. I think it would not be difficult to issue a regulation which, without at all interfering with the independent action of the Average Stater, would more than hitherto secure a proper execution of the average statements, and prevent the ridiculous delay which now only too frequently takes place before a definite settlement of questions of General Average can be arrived at, to the great prejudice of all parties concerned. 17 & 18 VICT. CAP. 104. The Merchant Shipping Act, 1854. PART II. British Ships-Their Ownership, Measurement and Registry. 18. No ship shall be deemed to be a British ship unless she belongs wholly to owners of the following description; that is to say: 1. Natural-born British subjects: Provided that no natural-born subject who has taken the oath of allegiance to any foreign sovereign or state shall be entitled to be such Owner as aforesaid, unless he has, subsequently to taking such last-mentioned oath, taken the oath of allegiance to Her Majesty, and is and continues to be, during the whole period of his so being an Owner, resident in some place within Her Majesty's dominions; or, if not so resident, member of a British factory, or partner in a house actually carrying on business in the United Kingdom, or in some other place within Her Majesty's dominions: *Now Judge of the High Court of Admiralty. 2. Persons made denizens by letters of denization, or naturalised by or pursuant to any Act of the Imperial Legislature, or by or pursuant to any Act or ordinance of the proper Legislative authority in any British possession : Provided that such persons are, and continue to be, during the whole period of their so being Owners, resident in some place within Her Majesty's dominions, or, if not so resident, members of a British factory, or partners in a house actually carrying on business in the United Kingdom, or in some other place within Her Majesty's dominions, and have taken the oath of allegiance to Her Majesty subsequently to the period of their being so made denizens or naturalised: 3. Bodies corporate established under, subject to the laws of, and having their principal place of business in the United Kingdom, or some British possession. It is evident that this section does not sanction the bearing allegiance to two Sovereigns and owning vessels under their two respective flags at the same time; nevertheless it is a fact that a naturalised British subject, owning a vessel or vessels registered at the London Custom House, has during the time of his residence in this country reassumed his Prussian nationality, become a citizen and merchant in one of the Prussian ports, and owns vessels under the Prussian as well as under the British flag; the consequences which may only too easily arise from such a state of things in case of war are apparent. A perusal of the return of the number and tonnage of American vessels sold to British subjects in the year 1863 most clearly shows the temptation to which unscrupulous persons are exposed in such times and the necessity of more strict regulations; I would suggest the addition of the following: 4.) The right to own a British ship ceases at any time that a person, although residing within Her Majesty's dominions, becomes a citizen or merchant in another country. PART III.-Masters and Seamen. 109. The various provisions of the third part of this Act shall have the following applications, unless the context or subjectmatter requires a different application; (that is to say), So much of the third part of this Act as relates to the delivery or transmission of lists of Crews to the Registrar-General of Seamen shall apply to all Fishing Vessels belonging to the United Kingdom, whether employed exclusively on the Coasts of the United Kingdom or not; to all ships belonging to the Trinity House, or the Commissioners of Northern Lighthouses, constituted as hereinafter mentioned, or the Port of Dublin Corporation, and to all pleasure Yachts, and to the Owners, Masters, and Crews of such ships: So much of the third part of this Act as relates to the delivery and transmission of lists of Crews, and to the Wages and Effects of deceased Seamen and Apprentices, shall apply to all seagoing British ships, wherever registered, of which the Crews are discharged, or whose final port or destination is in the United Kingdom, and to the Owners, Masters, and Crews of such ships: So much of the third part of this Act as relates to the shipping and discharge of Seamen in the United Kingdom shall apply to all sea-going British ships, wherever registered, and to the Owners, Masters, and Crews of such ships: So much of the third part of this Act as relates to Seamen volunteering into the Royal Navy shall apply to all sea-going British ships, wherever registered, and to the Owners, Masters, and Crews of such ships, wherever the same may be : So much of the third part of this Act as relates to rights to Wages and remedies for the recovery thereof; to the shipping and discharge of Seamen in foreign ports; to leaving Seamen abroad, and to the relief of Seamen in distress in foreign ports; to the provisions, health, and accommodation of Seamen; to the power of Seamen to make complaints; to the protection of Seamen from imposition; to discipline; to Naval Courts on the high seas and abroad; and to crimes committed abroad; shall apply to all ships registered in any of Her Majesty's dominions abroad, when such ships are out of the jurisdiction of their respective governments, and to the Owners, Masters, and Crews of such ships: And the whole of the third part of this Act shall apply to all sea-going ships registered in the United Kingdom (except such as are exclusively employed in fishing on the coasts of the |