to declare the description of persons who are to be the registrars of British ships at such foreign port of registry, and to make regulations with respect to the registry of British ships thereat. Upon such order coming into operation it shall have effect as if it were enacted in the Merchant Shipping Acts, 1854 to 1873, and shall, subject to any exceptions and regulations contained in the order, apply in the same manner, as near as may be, as if the port mentioned in the order were an ordinary port of registry. 30. There shall be paid in respect of the several measurements, inspec- Fees in respect tions, and surveys mentioned in the third schedule hereto such fees, not of surveys, &c. exceeding those specified in that behalf in the said schedule, as the Board of Trade may from time to time determine (b). 31. In any legal proceedings under the Merchant Shipping Acts, 1854 to 1873, the Board of Trade may take proceedings in the name of any of their officers. Board of in name of its Certain sec tions not to 32. The following sections of this act, that is to say, sections sixteen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twentyfour, twenty-five, twenty-six, twenty-seven, twenty-eight, shall not come into operation until the first day of November one thousand eight hundred 1st November, and seventy-three. come into force until 1873. tain sections of the Merchant Shipping Acts, 33. Section twenty-nine of the Merchant Shipping Act Amendment Repeal of cerAct, 1862, and sections four and ten of the Merchant Shipping Act, 1871, are hereby repealed; and on and after the first day of November one thousand eight hundred and seventy-three, sections three hundred and twenty-seven and three hundred and twenty-nine of the Merchant Shipping Act, 1854, sections thirty-three and thirty-eight of the Merchant Shipping Act Amendment Act, 1862, and section nine of the Merchant Shipping Act, 1871, shall be repealed; but this repeal shall not affect (1.) Anything duly done before this act comes into operation; operation; comes into (3.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before this act comes into operation; or, (4.) The institution of any legal proceeding or any other remedy for ascertaining, enforcing, or recovering any such liability, penalty, forfeiture, or punishment as aforesaid. SCHEDULES. 1862 and 1871; SCHEDULE I. SIGNALS OF DISTRESS. In the daytime. The following signals, numbered 1, 2, and 3, when used or displayed together or separately, shall be deemed to be signals of distress in the daytime: 1. A gun fired at intervals of about a minute; 2. The International Code signal of distress indicated by N C; (b) See post, "General Table of Fees charged under the authority of the Board of Trade." APPDX. 4 Y 3. The distant signal, consisting of a square flag having either above or below it a ball, or anything resembling a ball. At night. The following signals, numbered 1, 2, and 3, when used or displayed together or separately, shall be deemed to be signals of distress at night : 1. A gun fired at intervals of about a minute; 2. Flames on the ship (as from a burning tar barrel, oil barrel, &c.); 3. Rockets or shells, of any colour or description, fired one at a time, at short intervals. SCHEDULE II. SIGNALS TO BE MADE BY SHIPS WANTING A PILOT. In the daytime.-The following signals, numbered 1 and 2, when used or displayed together or separately, shall be deemed to be signals for a pilot in the daytime, viz.: 1. To be hoisted at the fore, the Jack or other national colour usually worn by merchant ships, having round it a white border, one-fifth of the breadth of the flag; or 2. The International Code pilotage signal indicated by PT. At night. The 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 commonly known as a blue light every fifteen minutes; or 2. A bright white light, flashed or shown at short or frequent intervals just above the bulwarks, for about a minute at a time. SCHEDULE III (d). TABLE OF MAXIMUM FEES TO BE PAID FOR THE MEASUREMENT, SURVEY, AND INSPECTION OF MERCHANT SHIPS. 2. For the Inspection of the Berthing or Sleeping Accommodation of the Crew. (1.) The aggregate amount of the fees for any such inspection shall not exceed one pound (£1) whatever be the number of separate visits. (2.) When the accommodation is inspected at the same time with the measurement of the tonnage, no separate fee shall be charged for such inspection. (d) See post, "General Table of Fees charged under the authority of the Board of Trade." 3. For the Survey of Emigrant Ships. (a.) For an ordinary survey of the ship, and of her equipments, accommodation, stores, light, ventilation, sanitary arrangements, and medical stores (b.) For a special survey . (C.) In respect of the medical examination of passengers and crew, for every hundred persons or fraction of a hundred persons examined £ s. d. 10 0 0 15 0 0 100 4. For the Inspection of Lights and Fog Signals. For each visit made to a ship on the application of the owner, and for each visit made where the lights or fittings are found defective. . 0 10 0 Provided that the aggregate amount of fees for any such inspection shall not exceed one pound (£1) whatever be the number of separate visits. 37 & 38 VICT. c. 51. An Act to amend the Law respecting the Proving and Sale of Chain act. 1. This act shall be construed as one with the Chain Cables and Construction Anchors Acts, 1864 and 1871, and together with those acts may be cited and comas the Chain Cables and Anchors Acts, 1864 to 1874, and may be cited mencement of separately as the Chain Cables and Anchors Act, 1874, and shall take effect from the first day of September one thousand eight hundred and seventy-four. 2. All fees paid to the Board of Trade, and all fees and other sums received by the Trinity House as their licensee in pursuance of the Chain Cables and Anchors Acts, 1864 to 1874, shall be carried to the Mercantile Marine Fund; and all expenses of the Board of Trade and Trinity House incurred under the Chain Cables and Anchors Acts, 1864 to 1874, and the salary and allowances payable to an inspector, shall be paid out of the Mercantile Marine Fund. Fees to be paid into and expenses out Marine Fund. of Mercantile 3. After the commencement of this act a maker of or dealer in anchors No chain and chain cables shall not sell or contract to sell, nor shall any person cable or purchase or contract to purchase, for the use of any British ship, any anchor exchain cable or any anchor exceeding in weight one hundred and sixty- ceeding 168 eight pounds which has not been previously tested and stamped in accord- lbs. weight to ance with the Chain Cables and Anchors Acts, 1864 to 1874. Any person out being who acts in contravention of this section shall be deemed to be guilty of a tested. misdemeanor. be sold with 4. Every contract for the sale of a chain cable shall, in the absence of Contract for an express stipulation to the contrary (proof whereof shall lie on the sale to imply a seller), be deemed to imply a warranty that the cable has been before warranty. delivery tested and stamped in accordance with the Chain Cables and Anchors Acts, 1864 to 1874. In case of dispute the proof of such testing and stamping shall be on the seller. Cables and anchors of alleged unseaworthy ships to be tested. 34 & 35 Vict. Superior tests may be substituted in certain cases. Acts specified in schedule repealed in part. 5. Whenever any ship is surveyed or detained by the Board of Trade under the Merchant Shipping Act, 1873, on the ground of alleged unseaworthiness, the Board may direct an inquiry into the condition of the cables and anchors, and if they have not been tested according to the Chain Cables and Anchors Acts, 1864, to 1874, may make such further order as they think requisite previous to her release. 6. Section six of the act of the thirty-fourth and thirty-fifth years of the reign of her present Majesty, chapter one hundred and one, shall be repealed, and in lieu thereof any test approved of by the Board of Trade as a test equal or superior to the tests required by the said act may be substituted for such tests; provided that every chain is tested to a tensile and breaking strain not less than that known as the Admiralty test (e). 7. Any test approved by the Board of Trade as a test superior to the tensile and breaking test required by the said act may, in any particular case or class of cases, be substituted for such test; and in such case or class of cases chains and anchors tested according to the test so approved shall be deemed to be tested according to the Chain Cables and Anchors Acts, 1864 to 1874, and the said test shall be noted on a certificate. 8. The acts specified in the schedule to this act are hereby repealed from the commencement of this act to the extent in the third column of that schedule mentioned, without prejudice to anything done or suffered or any right acquired before the said day under the enactments hereby repealed. Session and Chapter. 27 & 28 Vict. c. 27.. 35 & 36 Vict. c. 73.. SCHEDULE. Special regulations for preventing collisions in the approaches to the River Mersey. 37 & 38 VICT. c. 52. An Act to make Regulations for preventing Collisions in the Sea Channels leading to the River Mersey. [30th July, 1874.] WHEREAS it is expedient to make special regulations for preventing collisions between vessels in the sea channels leading to the River Mersey: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. Any general regulations for preventing collisions at sea for the time being in force under the provisions of the Merchant Shipping Acts shall be construed as if the following regulations were added thereto; that is to say, (1.) Every steamship, and every vessel in tow of any steamship, when navigating in the sea channels or approaches to the River Mersey, between the Rock Lighthouse and the furthest point seawards to (e) See Scales of proofs showing the tensile strain to which chain cables and anchors are subjected before being received for the use of her Majesty's navy, and Notice of January 1, 1875, issued by the Board of Trade, post, "Forms," No. 44. which such sea channels or approaches respectively are for the time being buoyed on both sides, shall, whenever it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such steamship or vessel in tow (f); (2.) Every ship at anchor in the said sea channels or approaches, within the limits aforesaid, shall carry the single white light prescribed by Article 7 of the General Regulations for preventing Collisions at Sea (g), made under the authority of the Merchant Shipping Acts Amendment Act, 1862, at a height not exceeding twenty feet above the hull, suspended from the forestay, or otherwise near the bow of the ship where it can be best seen; and, in addition to the said light, all ships having two or more masts shall exhibit another similar white light, at double the height of the bow light, at the main or mizzen-peak, or the boom topping lift, or other position near the stern where it can be best seen (h). 2. This act shall not come into operation until the first day of November Commenceone thousand eight hundred and seventy-four. ment of act. 37 & 38 VICT. c. 88. An Act to amend the Law relating to the Registration of Births and [7th August, 1874.] WHEREAS it is expedient to amend the acts relating to the registration of births and deaths in England, and to consolidate the law respecting the registration of births and deaths at sea: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Registration of Births and Deaths at Sea. 37. The provisions of this act, save as is herein expressly provided, shall not apply to the registration of births and deaths on board a vessel at sea, with respect to which the following provisions shall have effect: (1.) The captain or master of or other person having the command or charge of a British ship shall, as soon as may be after the occurrence of the birth of a child or the death of a person on board such ship, record in his log book or otherwise the fact of such birth or death, and the particulars required by the fourth schedule to this act to be registered concerning such birth or death, or such of them as may be known to him, and shall, (unless the ship is one of her Majesty's ships,) upon the arrival of such ship at any port of the United Kingdom, or at such other time or place as the Board of Trade may from time to time with respect to any ship or class of ships direct, deliver or send, in such form and manner as the Board (f) The rule for preventing collisions in the approaches to the River Mersey contained in this subsection is, mutatis mutandis, the same in terms as the rule contained in the M. S. Act, 1854, s. 297, which was in force up to the passing of the M. S. Act, 1862, and, until its repeal by that act, was obligatory on every steamship navigating any narrow channel. The cases below mentioned were decided on the Registration of births and deaths at sea. |