(4.) The limits of the weight to be placed on the safety valves: And such declarations shall be in such form as the Board of Trade directs (g). Trade. 310. The said owner shall transmit such declarations to the Board of Transmission Trade within fourteen days after the dates of the receipt thereof respec- of declarations tively; and in default shall forfeit a sum not exceeding ten shillings for to Board of every day that the sending of such declarations is delayed; and such sum shall be paid upon the delivery of the certificate hereinafter mentioned in addition to the fee payable for the same, and shall be applied in the same manner as such fees. Penalty for delay. declarations. 311. In all cases where it is possible the said half-yearly surveys shall Times apbe made in the months of April and of October, and the declarations shall pointed for be transmitted on or before the thirtieth day of April and the thirty-first surveys, and day of October respectively; but if the owner of any passenger steamer transmission of is unable to have the same surveyed in the month of April or October, (as the case may be,) either by reason of such ship being absent from the United Kingdom during the whole of those periods respectively, or by reason of such ship or the machinery thereof being under construction or repair, or of such ship being laid up in dock, or for any other reason satisfactory to the Board 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 within fourteen days after the receipt thereof, together with a statement of the reasons which have prevented the survey of such ship at the time herein before prescribed, and shall, in case of delay in transmitting the declarations, be liable to a forfeiture similar to that mentioned in the last preceding section (h). to issue certificate. 312. Upon the receipt of such declarations the Board of Trade shall, if Board of Trade satisfied that the provisions of the fourth part of this act have been complied with, cause a certificate in duplicate to be prepared and issued to the effect that the provisions of the law with respect to the survey of the ship and the transmission of declarations in respect thereof have been complied with; and such certificate shall state the limits (if any) beyond which, according to the declaration of the surveyors, such ship is not fit to ply, and shall also contain a statement of the number of passengers which, according to the declaration of the shipwright surveyor, such ship is fit to carry, distinguishing (if necessary) between the respective numbers to be carried 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 time of year, the nature of the voyage, the cargo carried, and other circumstances, as the case requires. 313. The Board of Trade shall transmit such duplicate certificate to Issue and the shipping master or to some other public officer at such port as the transmission of owner may mention for the purpose or at the port where the owner or his certificates. agent resides or where the ship was surveyed and is for the time being lying, and shall cause notice of such transmission to be given by post or otherwise to the master or owner or his agent; and the said shipping master or officer shall deliver such duplicate certificate to the said owner, master or agent on his applying and paying the fees and other sums (if any) herein mentioned as payable in that behalf; and in proving the due issue and transmission to the owner, agent or master of such certificate, it shall be sufficient to show that the same has been duly received by such shipping master or public officer as aforesaid, and that due notice of the (9) See the M. S. Act, 1876, s. 14. (h) See the M. S. Act, 1862, s. 34, and the M. S. Act, 1872, s. 8. Fees to be paid for certificates. How long certificates to continue in force. Board of Trade may cancel certificates, and require fresh declarations. Copy of certificate to be placed in conspicuous part of ship. Ship not to proceed on her Voyage with out certificate. transmission thereof to such shipping master or officer has been given to such owner, master or agent. 314. The owner of every passenger steamer requiring a certificate under the fourth part of this act shall pay for every certificate granted by the Board of Trade such fees as such Board directs, not exceeding the fees mentioned in the Table marked T. in the schedule hereto (i). 315. No certificate shall be held to be in force for the purposes of the fourth part of this act beyond the date fixed by the Board of Trade for the expiration thereof; and no certificate shall be in force after notice is given by the Board of Trade to the owner, agent, or master of the ship 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 time when her certificate expires, no penalty shall be incurred for the want of a certificate until she first begins to ply with passengers after her next subsequent return to the United Kingdom; and the Board of Trade may require any certificate which has expired, or has been revoked or cancelled, to be delivered up as it directs; and any owner or master who, without reasonable cause, neglects or refuses to comply with such requirement, shall incur a penalty not exceeding ten pounds. 316. The Board of Trade may revoke and cancel such certificates in any case in which it has reason to believe, (1.) That the declarations of the sufficiency and good condition of the (3.) That since the making of such declarations the hull, equipments, And in every such case the Board of Trade may, if it thinks fit, require the owner to have the hull, equipments or machinery of such ship again surveyed, and to transmit a further declaration or declarations of the sufficiency and good condition thereof, before re-issuing any certificate or granting a fresh one in lieu thereof. 317. The owner or master of every passenger steamer shall forthwith on the transmission of any certificate as aforesaid to him or his agent cause one of the duplicates thereof so transmitted to be put up in some conspicuous part of the ship, so as to be visible to all persons on board the same, and shall cause it to be continued so put up so long as such certificate remains in force and such ship is in use; and in default such owner or master shall for every offence incur a penalty not exceeding ten pounds. 318. It shall not be lawful for any passenger steamer (k) to proceed to sea or upon any voyage or excursion with any passengers on board, unless the owner thereof has transmitted to the Board of Trade the declarations herein before required, nor unless the owner or master thereof has received from such Board such a certificate as hereinbefore provided for, such certificate being a certificate applicable to the voyage or excursion on which such ship is about to 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 (i) See the M. S. Act, 1872, s. 8, and the M. S. Act, 1876, s. 39. 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 (1) on board, without 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 shall also incur a further penalty not exceeding twenty pounds (m). carrying passengers in excess of numbers specified in certificate. 319. If the owner or master or other person in charge of any passenger Penalty for steamer receives on board thereof or on or in any part thereof, or if such ship has on board thereof or on or in any part thereof, any number of passengers which, having regard to the 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 shillings for every passenger over and above the number allowed by the certificate, or, if the fare of any of the passengers on board exceeds five shillings, not exceeding double the amount of the fares of all the passengers who are over and above the number so allowed as aforesaid, such fares to be estimated at the highest rate of fare payable by any passenger on board. misdemeanor. 320. Every person who knowingly and wilfully makes or assists in Forgery of demaking or procures to be made a false or fraudulent declaration or certifi- claration or cate with respect to any passenger steamer requiring a certificate under certificate a 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 required by the fourth part of this act, or any words or figures in any such declaration or certificate, or any signature thereto, shall be deemed guilty of a misdemeanor. Surveyors to make returns and other par of the build ticulars of 321. 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 surveyed by them; and every owner, master and engineer of any such ship shall, on demand, steam ships, give to such surveyors all such information and assistance within his and owners' power as they require for the purpose of such returns; and every such and masters to owner, master or engineer who, on being applied to for that purpose, give informawilfully refuses or neglects to give such information or assistance, shall tion for that be liable to a penalty not exceeding five pounds. Misconduct by Passengers in Steamers. purpose. Misconduct by 322. The following offenders, (that is to say,) (1.) Any person who, after having been refused admission into any steamer Penalties on by the owner or person in charge thereof or by any person in the employ persons forcing of the owner thereof, on account of such steamer being full, and after way on board; 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 or (2.) Any person, having got on board any steamer, who, upon being re- refusing to quested on the like account by the owner or person in charge thereof or quit the ship. 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 (1) See the M. S. Act, 1876, s. 16. (m) So much of this section as requires the owner of a ship to transmit the declarations therein mentioned is Penalty for avoiding payment of fares. Penalty on persons re fusing to give their name and address. Power to re 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 penalty not exceeding forty shillings, to be paid to the said owner (n). 323. The following offenders, (that is to say,) (1.) Any person who travels or attempts to travel in any passenger steamer which has been duly surveyed in conformity with the provisions of this act, without having previously paid his fare, and with intent to avoid payment thereof; and (2.) Any person who, having paid his fare for a certain distance, knowingly and wilfully proceeds in any such steamer beyond such distance, without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; and (3.) Any person who knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit any such steamer : Shall for every such offence incur a penalty not exceeding five shillings, in addition to the fare payable by him, such penalty to be payable to the owner of such steamer (n). 324. Every person who, having committed any of the offences mentioned in the two last preceding sections or either of them, refuses on application of the master of the ship or of any other person in the employ of the owner thereof to give his name and address, or who, on such application, gives a false name or address, shall incur a penalty not exceeding twenty pounds, to be paid to the said owner. 325. The master of any home trade passenger steam ship may refuse to fuse or remove receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance to other passengers on board, or if such person is on board, may put him on shore at any convenient place; and no person so refused admittance or put on shore shall be entitled to the return of any fare he may have paid. passengers Accidents. Accidents to steam ships to Board of Trade. Accidents. 326. Whenever any steam ship has sustained or caused any accident occasioning loss of life or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency either in be reported to her hull or in any part of her machinery, the owner or master shall, within twenty-four hours after the happening of such accident or damage, or as soon thereafter as possible, send to the Board of Trade, by letter signed by such owner or master, a report of such accident or damage, and of the 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 master neglect so to do he shall for such offence incur a penalty not exceeding fifty pounds. Collisions to be entered in official log. 327. Provides that notice shall be given to Board of Trade by the owner if he has reason to believe that his ship has been lost (o). 328. In every case of collision, in which it is practicable so to do, the master shall immediately after the occurrence cause a statement thereof, and of the circumstances under which the same occurred, to be entered in the official log book (if any), such entry to be signed by the master, and (n) This section is repealed by the M. S. Act, 1862, s. 2. See the M. S. Act, 1862, ss. 35, 36, 37. (0) Section 327 is repealed by the M. S. Act, 1873, s. 33; for the substituted enactment, see the M. S. Act, 1873, s. 22. also by the mate or one of the crew, and in default shall incur a penalty not exceeding twenty pounds. 329. Contains provisions to prevent the taking of dangerous goods on board ship without due notice (p). 330. The fifth part of this act shall apply to the United Kingdom only. Application of Powers of Pilotage Authorities (General). 331. Every pilotage authority shall retain all powers and jurisdiction which it now lawfully possesses, so far as the same are consistent 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 of any force whatever. Part V. of Act. General juris- Power of pilotage authorities to make and extend exemptions from 332. Every pilotage authority shall have power by byelaw made with the consent of her Majesty 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 compulsory of parliament, law or charter, or by usage, upon such terms and conditions pilotage. and in such manner as may appear desirable to such authority (q). 333. Subject to the provisions contained in the fifth part of this act, it Powers of shall be lawful for every pilotage authority, by byelaw made with the pilotage authoconsent of her Majesty in council, from time to time to do all or any of rities. the following things within its districts; (that is to say,) (1.) To determine the qualifications to be required from persons applying To determine to be licensed as pilots, whether in respect of their age, skill, time of qualifications service, character or otherwise: of pilots; (2.) To make regulations as to the approval and licensing of pilot boats To make reguand ships, with power to establish and regulate companies for the lations as to support of such boats and ships, and for a participation in the profits pilot boats; made thereby; the companies so established to be exempt from the provisions of the act passed in the session holden in the seventh and eighth years of the reign of her present Majesty, chapter one hundred and ten, intituled "An Act for the Registration, Incorporation and Regulation of Joint Stock Companies" (r): (3.) To make regulations for the government of the pilots licensed by To make reguthem, and for insuring their good conduct, and their constant attend- lations for the ance to and effectual performance of their duty, either at sea or on government of shore : pilots; (4.) To fix the terms and conditions of granting licences to pilots and To make reguapprentices, and of granting such pilotage certificates as herein- lations as to after mentioned to masters and mates, and to make regulations for licence and punishing any breach of such regulations as aforesaid committed certificates; by such pilots or apprentices or by such masters and mates by the withdrawal or suspension of their licences or certificates, as the case may be, or by the infliction of penalties to be recoverable (P) Section 329 is repealed by the M. S. Act, 1873, s. 33. See the M. S. Act, 1873, ss. 23, 24, 25, 26, 27, 28. See also the Petroleum Act, 1871 (34 & 35 Vict. c. 105), ss. 4, 5; and the Explosive Substances Act, 1875 (38 & 39 Vict. c. 17). (a) See The Earl of Auckland, Lush. 164, 387. See also "Table of Pilotage Authorities in England," and "Orders in Council," post. (r) This act is repealed by the Companies Act, 1862 (25 & 26 Vict. c. 89), s. 205. |