REPORTING SHIPS AT GIBRALTAR.

SIR,-My vessel, the Queen of the Fleet, of Bridport, passed Gibraltar on the 26th ult., between 2 and 3 P.M., on her passage from Bangkok to Marseilles; and as I had not touched at any place on the passage, and fearing my Owner would be anxious, I signalled, requesting to be reported to him by telegraph, which was duly answered from the signal station. I find, on my arrival here, that nobody interested in the vessel has heard of her passing the Straits. Is it obligatory to report passing vessels when specially requested?-Yours, &c., W. G. WITHERIDGE, Master.

Marseilles, July 15, 1876.

[From the Mercantile Navy List and Maritime Directory for 1876 we extract the following paragraph relating to the International Code of Signals:-"At present the duties of the officers at the signal stations will be limited to forwarding reports of passing vessels for publication in the Shipping and Mercantile Gazette. Signal stations have been established at the Straits of Sunda, Straits of Messina, Gibraltar, St. Helena, Cape Point (Cape of Good Hope), Heligoland, Elsinore, Sulina (Danube), Palais (Belle Isle), &c." It will be seen that passing vessels are reported to the Shipping and Mercantile Gazette. The Government do not undertake to prepay telegrams. The signal made at Gibraltar may have been misunderstood. The Queen of the Fleet was reported in the Shipping and Mercantile Gazette as spoken April 17, in lat. 34° 45′ S., long. 30° 50′ E.]

RIGA SPRING NAVIGATION.

SIR,-At what date was the navigation of Riga officially declared opened in the spring of 1875 ?-Yours, &c., West Hartlepool, Feb. 17, 1877. SHIPOWNERS.

[In the Shipping and Mercantile Gazette of May 27, 1875, is the following paragraph: :-"The Acting Consul at Riga notifies that the Chamber of Commerce of the Port of Riga had officially informed him that the Domesness Lightship had been placed on her Station." This indicates the formal opening of the Port to Shipping. A large number of vessels had arrived at Riga a week before that date.]

RIVER WEAR COMMISSIONERS.

SIR, The River Wear Commissioners, like all other Harbour Commissioners, collect from the Captain or Owner of

MISCELLANEOUS.

every vessel entering the river certain Tonnage Dues at so much per register ton. Questions:-1st. Are the Commissioners bound to expend on the improvement of the river all the revenue they derive from the said river? 2nd. If there was an improper expenditure by the Commissioners of the revenue of the river, would an action at law lie against them? 3rd. Are the Harbour Commissioners compelled (if they have sufficient revenue) to thoroughly dredge their river, not only in mid-channel but at private quays, out of the revenue of the river ?-Yours, &c.,

Sunderland, Oct. 25, 1876. PRO BONO PUBLICO. [1st. The expenditure of the Dues must depend upon the powers granted under the Act of Parliament. As a rule, the Commissioners would be bound to keep the river in a navigable state. 2nd. If the Commissioners expend moneys on objects not authorised under their Parliamentary powers, they can be called to account, but in what particular manner would depend upon the terms of their Statute of Incorporation. 3rd. The Commissioners may or may not have the power to dredge the foreshores. It is a question as to funds and legal rights. If sufficient money is collected to dredge the fairway, that should be done.]

ROBBERY IN DOCK.

SIR,-I entered a North-country dock with my vessel and paid all dues and demands, besides the charge for dock watch. I took my clothes off on going to bed, and put them in a certain place in the cabin at 11 P.M., with money in the pockets. The next day, at 6.30 A.M., clothes and money were gone. I cannot obtain any clue of the lost property. Have I got any claim on the Dock Company as compensation for my loss? If so, what steps can I take to get it ?-Yours, &c., Sept. 12, 1876. SHIPMASTER.

[A dock is private property, like railways, steamers, or hotels; and if no one else but our Correspondent was on board the vessel, the Company would be liable for the negligence of the watchman, the articles having been stolen at night on their premises, and the Master of the ship having paid for the guarding of the same. We would recommend an application to the Dock Company before taking any legal proceedings.]

SAILING BY SHARES.-DEBTS OF MASTER. SIR,-Can the Owner of a coasting vessel be held accountable for money paid for the Port charges, Customs charges, and discharging expenses on his vessel while in Port, the Captain sailing her either by halves or two-thirds-say twothirds?-Yours, &c., BROKERS. April 5, 1877.

[The Shipowner would not be liable under the circumstances stated.]

SEAL UPON STORES.

SIR,-I arrived in the Clyde yesterday morning at 8 o'clock, my steamer being rummaged at 10 o'clock, and some bonded stores placed under seal in my room, which I locked and took the key with me. In the afternoon the Custom-house Officers came and rummaged the vessel two or three times in my absence, and as my room was locked they put a seal on the keyhole. I came on board, and, finding my room sealed, sent for the Custom-house Officers to take off the seal, but they did not turn up. I then broke the seal, as I wanted some papers which were in my rom, and also money to pay the Crew. An Officer came at 4.45 P.M. and told me I had no right to break the seal. I contended that he had no right to seal up my room, as my vessel had been duly searched only a few hours before. 1st. Can a Customhouse Officer seal up any part of a ship that may be locked, the party having the key being on shore ? 2nd. Was I justified in breaking the seal under the circumstances mentioned? I have searched Maritime Notes and Queries, and cannot find a case anything similar.

ROBERT COUTH, Master s.s. Thames. Glasgow Sept. 25, 1877

MISCELLANEOUS.

["If the proper Officer of the Customs shall place any lock, mark, or seal upon any stores, or upon any place or package in which the same may be, 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 conveyed away, either while the ship remains in the Port at which she shall have so arrived, or 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 207.”—(Sections 47 and 135 Customs Consolidation Act, 1876.) It is an offence, therefore, under the Statute to break seals, but if the stores were placed in lockers in the cabin, and those lockers were sealed up by the Customs Officers after the complete rummaging of the ship, it might be doubtful whether it would be competent for the Officers to close the ship's cabin in the manner indieated.]

SEA DAMAGE TO CHURCHYARD. SIR,-In our parish about 15 years since the church and churchyard were condemned by the authorities as unfit for service and burial; the sea then had taken a part of the church and yard away. A new church was built and yard attached. Ever since, the sea has been gradually encroaching and making a ghastly sight. The parish and parishioners being very poor, are we liable to repair the above, which would amount to a considerable sum, and, if not, where are we to apply? FEW SHIPMASTERS.

April 26, 1876.

[There is no recognised standard for the weights of metal plates for sheathing ships' bottoms. Lloyd's Register Association have no rule on the subject, nor has any Club or Underwriting Association. It is a question of the quality of the metal, the coating between the metal and the planking, and the workmanship. The metal ranges from 16 oz. to 22 oz. per square foot. Eighteen ounces is about the average used, and this is distributed all over the bottom without any distinction for the turn of the bilge upwards. The copper is extended to the top of the wales, and lasts about three years.]

SHIP'S YARD FOULING ANOTHER VESSEL. SIR,-Whilst dropping down the harbour in Hayle, my vessel's yard being square at the time, our foreyard came in contact with a steamboat's light crane, and slightly bent it at the masthead. They took down the light crane and got it put to rights again, and sent me in a bill for 5s. Can they make me pay it? They never told me they were going to make me pay until the bill came. I was under the impression they could not claim anything because they did not get the damage surveved in my presence.-Yours, &c.,

H. BENNETT, Master schooner Prosperity, London: Swansea, Oct. 4, 1876.

SHIPPING PROPERTY UNDER A WILL. SIR,-Upon the death of my husband, he left the whole of the proceeds of his property to be divided amongst his four children equally (one son and three daughters). A portion of his property consisted of ships and shares of ships, all built here, and of the very highest class. Now, with respect to these ships, the will is expressed in the following terms: -"Provided my son should desire to purchase my ships and shares of ships, or any of them, it shall be lawful for my trustees to sell the whole or any of my said ships to him, the purchase money to be paid by him to be ascertained by two valuers, of whom he shall appoint one and my said three daughters the other; and I authorise my said trustees, in their discretion, to allow any purchase nioney for the said ships to remain for any time, not exceeding five years, at interest at 5 per cent., upon such security as they shall think fit; but such security shall not include so much of the purchase money of the ships, and shares of ships, as would be my said son's one-fourth share thereof." My son availed himself of the option so given him. The ships and shares averaged, at the time of testator's death, six years old, and were valued at an average price of 147. per ton, and yielded an income of 10 per cent. per annum net, which accordingly left him 5 per cent. after payment of the 5 per cent. stipulated by the will. Now, he did not pay for the ships or any part thereof within, or even at the end, of the five years, but he did pay for the whole at various times during the two succeeding years, and also 5 per cent. upon the entire purchase money. Do you consider that he was bound to pay the principal money by instalments within the tive years, with 5 per cent. on the entire purchase money? If so, was he intended to benefit to the extent of the extra 5 per cent. ? THE WIDOW AND SOLE SURVIVING TRUSTEE. Liverpool, Feb. 5, 1876.

[We consider that it was the intention of the devisee that the son should take posses-ion of the ships and the shares on an agreement to pay 5 per cent. per annum on the purchase money. If he did not pay the yearly percentage, and complete the purchase within five years as he was bound to do, although he took the profits during those five years, he would be liable to refund to the trustees the interest withheld. The trustees would be responsible for the non-execu tion of the testator's wishes.]

SIGNAL STATION, DUNNET HEAD. SIR, My vessel, the barque Astræa, of Germany, from Quebec, passed Dunnet Head (Pentland Firth) on the 21st ult. at 3 P.M., wind N., fine. I hoisted my signal, which I kept flying for upwards of an hour, expecting a return signal froin

SPEED OF STEAM LAUNCHES.

SIR,-The question with regard to the regulation of the speed of steam launches, to which attention has lately been called by the sad accident at Reading, leads me to point out and seek for information on a subject fraught with great danger and annoyance to oarsmen below bridge. I should therefore feel obliged if you would inform me what is the limit of the rate of speed of tugs, as on more than one occasion our men have been actually washed out of their boats by the excessive swell caused by them. If you will give this publicity I think the Masters of tugs will, when they know the danger they are putting rowing men in, travel at a slower rate, or, at least, ease a little when passing light boats. E. J. REYNOLDS, Hon. Sec. Achilles Rowing Club. London, May 31, 1876.

[There is no fixed regulation relative to the speed of steam launches or tugs. Section 28 of the " Rules and Bye-laws for the Navigation of the River Thames," sanctioned by an Order in Council, February 5, 1872, is as follows:-" Every vessel shall at all times, while passing on the river, be navigated in a careful and proper manner, as well with regard to the safety of such vessel, as of other vessels on the river." Those in charge of a steamer going at an improper speed through anchorage ground, where many vessels were at anchor, and causing loss of life, would be guilty, said Dr. Lushington, of manslaughter.-(The "Charles Bartlett v. The Europa," Admiralty Court, June 15, 1850.) A steamer going at the rate of 10 knots per hour was condemned in damages on account of a punt moored alongside of a collier at Deptford which was sunk by the swell breaking over her gunwale.-(" Smith v. Jones," Court of Exchequer, June 27, 1839, reported in Shipping and Mercantile Gazette.) A steamer going at the rate of eight or ten miles an hour, instead of five, as restricted in the Thames, off Rotherhithe, was condemned in damages for the expense of raising a barge sunk by the swell for the value of the barge, which was irreparable, and for damages to the coals which were on board.("Pope v. Craig," Court of Exchequer, Dec. 29, 1859.) We should say, therefore, that if a steamer is navigated" below bridge," among the Shipping, at such a speed as to endanger the property of others and the lives of those in boats, her Owners would be liable for the results attending such improper navigation.]

SIR, I chartered my vessel in London to load a cargo of barley here; when laden to proceed to London, or a safe Port on the East Coast, as ordered on signing Bills of Lading. Rate of freight 6s. per ton of 20 cwt. far as and including Yarmouth, 68. 6d. per ton far as and including Tyne. When laden I received orders to proceed to Stockwith-on-Trent. Is Stockwith-on-Trent a safe Port on the East Coast ?—Yours, &c., JOHN BROOKE, Master and Owner of Iris, of Lynn. Caen, Oct. 24, 1876.

[The River Trent unites with the estuary of the Humber at a place called the Trent Falls. Stockwith is a considerable distance up the river, in the heart of the county, and not a Port on the East Coast.]

STONES ON THE SEA BEACH.

SIR,-At this place the Fishermen have joined together to make a small breakwater for the protection of their boats on the sea beach, which beach dries out 300 to 400 yards from the shore, and on which are a great quantity of stones; but the landowners opposite claim the beach to low-water mark as theirs, and threaten punishment to whosoever takes stones away, and they charge 2s. per ton to house builders who take by agreement. Have such several landowners any such claim on the sea beach, or has anybody, and who?-Yours, &c., A FISHERMAN.

Lanon, March 2, 1877.

[The Lord of the Manor would have the right of prohibiting the removal of shingle from his estate; but if the removal of the stone is likely to be injurious to the navigation of the locality, the Board of Trade, as Conservators of foreshores, could intervene and prevent the removal.]

SUNKEN VESSEL IN FAIRWAY. SIR,-Who are the parties responsible for damage constantly occurring to craft drifting on the top of a lar, e sunken vessel at Rushbrook, the narrowest part of the river of Cork? This vessel lies in S fathoms at low water, and is completely covered at high tide with the exception of her sternhead. At the opposite side of the river there is a large hill, and when a vessel is sailing down the river with a westerly wind she gets becalmed under this hill, and as the ebb tide sets on the sunken vessel it is almost impossible to prevent the craft drifting on the top of her and receiving serious damage.-Yours, &c., A SHIPMASTER.

Cork, Aug. 31, 1876.

[It is the duty of the Conservators of the river to keep the fairway channel open for navigation, and to light or therwise mark the site of a wreck. If the vessel has been

[Every Harbour Authority is bound to publish Byelaws under the Explosives Act, 1875. In the Board of Trade Circular it is stated-"The Board of Trade desire me to state, for your information, that, in conformity with their usual practice in the matter of Bye-laws, it will be requisite for Harbour Authorities to prepare and frame Byelaws, and to publish them once at least in two consecutive weeks in the London Shipping and Mercantile Gazette, and twice at least in some local newspapers, giving notice at the same time of their intention to apply to the Board of Trade for the confirmation of the Bye-laws."]

TRENT PORT.

Sir,-We are interested in the sale of a very small cargo of grain by the Iris, which has loaded 565 quarters, and has been ordered to the Trent. The Captain raising a difficulty and our purchasers of the cargo never having had a previous similar difficulty, although continually receiving small cargoes from the Baltic and Elbe to the Trent, desire to know if Gainsborough is or is not a Port on the East Coast? In the Charter-party in question no Port is excepted, as you will see by a copy of same enclosed. On the other hand, Captains sometimes except certain Ports by name at the time of making their Charter, the term in such cases being "Goole, Gainsborough, and the Deeps excepted," as you will see by a specimen copy. The Charter-party in question is of a little ship of above capacity, necessitating no exception, and, as a matter of fact, no Port excepted. So much for the particulars, but the question is: Is Gainsborough a Port on the East Coast ?-Yours, &c., G. ALEXANDER & CO.

London, Oct. 31, 1876.

[The same question has been addressed to us several times, and we have invariably replied that the Port of Gains. borough is not an East Coast Port within the language of Charter-parties.-(See last answer reprinted at page 166, Maritime Notes and Queries, Vol. II.) The Charter sent us for inspection stipulates that the vessel is to go "to a safe Port on the East Coast." Gainsborough is described in all authentic works as a "River Port," consequently it cannot be on a coast. A coast is defined as the edge or margin of the land next to the sea, the seashore, and the land immediately adjacent to the sea. Gainsborough, Stockwith, Ferry, Gathorp, Morton, and Keadby, on the Trent, are, no doubt, safe places for discharging; but if a vessel is chartered to discharge on the coast, the Master could not be compelled to take his ship up an inland river without extra compensation.]

MISCELLANEOUS.

TWELVE O'CLOCK TIDE.

SIR,-The tide flowing exact to the zero at noon, does it denote 12 o'clock; or, properly speaking, is it a 12 o'clock tide either morning or night? Should I be right in saying we have a 12 o'clock tide, or the tide flows at 12?-Yours, &c., Greenwich, Dec. 13, 1876. J. W. N.

[It would be correct to say that the tide flows at 12 o'clock, although the terms used are noon and midnight.]

WATERTIGHT HULL OF SUNKEN SHIP. SIR, -Can the hold of a sunken vessel be made temporarily watertight by divers, so that, if it were then possible to discharge the water or cargo out of the hold, the water would not leak in again ?-Yours, &c., FRANCIS KENT. Ferrybank, May 25, 1877.

[If a hole is made in the side of a vessel there is no difficulty in a diver stopping it by Wood's iron plates and screws. The hatches may also be made sufficiently watertight to keep out the leakage if the openings are in a position to be got at, or at all events to enable the pumps to overcome the inlet. It is a question, however, of the extent of damage and the means of temporary repair.]

WHARFAGE ON SPARS.

SIR,-I have had a ship discharging a cargo of seed from India, in the Victoria Dock, Hull, and paid the usual Dock Dues, after which the Dock Company sent in a claim (as per enclosed) for Wharfage on two condemned lower masts and old yards and new ones to replace them. Is this a legal charge? I have always understood there was a free and clear right of road to and from any ship in dock for stores, provisions, &c., or for anything belonging to the ship. Whitby, May 29, 1876. SHIPMASTER.

[The Dock Company Charge for "Merchandise landed on the quays." The spars of a ship are not goods that would be classed as cargo; and, we believe, it is not the custom. in other Docks to charge Wharfage on a ship's masts or yards.]

[A Shipowner is liable for injury done to cargo by heat generated by furnace fires. We are not aware of any lawsuit having been decided as to the distance a wooden lining should be from an iron partition. There could be no general rule to regulate the lining of bulkheads. In determining the question the following points would have to be considered:-1st, the thickness of the plating of the partition; 2nd, the distance of the boilers from the bulkhead; 3rd, the number of furnaces; 4th, the heat in the engine or boiler compartment; 5th, the voyage in which the vessel is employed, as regards temperature; 6th, the description of goods conveyed; and 7th, the leading of the steam-pipes. The only law governing such details would be that of not exposing cargo that will melt or sweat near enough to a heated bulkhead to receive damage. The lining must be regulated to the conditions of the trade in which the ship is engaged.]

WRECKED GOODS.

SIR,-The steamship Prince Cadwgan was wrecked on a small island 200 yards from land, and the goods on board were saved from the vessel by the Crew. The Coastguard is now in possession. I have a quantity of goods which were saved, and all labelled. I have offered to pay expenses of

ACT OF PARLIAMENT.

saving, but have been refused possession of the goods under the pretence that all saved must be sold by public auction to defray expenses. Neither vessel nor cargo was insured.-Yours, &c., R. L. F.

Fishguard, Oct. 2, 1876.

[Under Section 443 of the Merchant Shipping Act, 1854, all articles taken from a ship are to be delivered to the Receiver. Any person who secretes or keeps possession, whether he is Owner or not, is liable to a penalty not exceeding 1007. In paragraph 62 of the Board of Trade Instructions to Receivers of Wreck, property is to be delivered to the Owners on payment of all sums due for Salvage, Customs duties, fees, and expenses. The Owner of the ship being responsible for the cargo, and the Master, as the servant of the Owner, having the legal custody, the Owner or Master must authorise the delivery-(63).]

WRECK OF THE SEA.

SIR,-What is the meaning of the wreck terms, jetsam, flotsam, lagan, and derelict?-Yours, &c., M. D. Bowmore, Oct. 25, 1876.

[Jetsam embraces all kinds of goods thrown overboard to lighten a ship. Flotsam is anything that floats on the sea. Lagan or Ligan means anything sunk at the bottom of the sea, or covered by the rise of the tide, and is buoyed. Derelict applies to ships and property of all kinds abandoned at sea. See also page 40, Maritime Notes and Queries, Vol. II.]

The term "harbour "includes harbours properly so called, whether natural or artificial, estuaries, navigable rivers, piers, jetties, and other works in or at which ships can obtain shelter, or ship and unship goods or passengers; The term "tidal water" means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, and not being a harbour; The term "harbour authority" includes all persons or bodies of persons, corporate or unincorporate, being proprietors of, or intrusted with the duty or invested with the power of constructing, improving, managing, regulating, maintaining, or lighting a harbour; The term "conservancy authority" includes all persons or bodies of persons, corporate or unincorporate, intrusted with the duty or invested with the power of conserving, maintaining, or improving the navigation of a tidal water; and

ACT OF PARLIAMENT.

The term "general lighthouse authority" has the same meaning as it has in the Merchant Shipping Act, 1854. 4. Where any vessel is sunk, stranded, or abandoned in any harbour or tidal water under the jurisdiction of a harbour or conservancy authority, or in or near any approach there in such manner as, in the opinion of the authority, to be or likely to become an obstruction or danger to navigation in that harbour or water, or in any approach thereto, the authority may take possession of and raise, remove, or destroy the whole or any part of the vessel, and may light or buoy any such vessel or part until the raising, removal, or destruction thereof, and may sell, in such manner as they think fit, any vessel or part so raised or removed, and also any other property recovered in the exercise of their powers under this Act, and may, out of the proceeds of such sale, reimburse themselves for the expenses incurred by them under this Act, and shall hold the surplus, if any, of such proceeds in trust for the persons entitled thereto.

Provided as follows:

(1) Except in the case of property which is of a perishable nature, or which would deteriorate in value by delay, a sale shall not be inade under this Act until at least seven clear days' notice of the intended sale has been given by advertisement in some local newspaper circulating in or near the district over which the authority have jurisdiction; and

(2) At any time before any property is sold under this Act, the Owner thereof shall be entitled to have the same delivered to him on payment to the authority of the fair market value thereof, to be ascertained by agreement between the authority and the Owner, or failing such agreement, by some person to be named for the purpose by the Board of Trade, and the sum paid to the authority as the value of any property under this provision shall, for the purposes of this Act be deemed to be the proceeds of sale of that property.

5. Where any vessel is sunk, stranded, or abandoned in any fairway, or on the seashore, in the United Kingdom, the Channel Islands, or the Isle of Man, or any of the adjacent seas or islands, or there is not any harbour or conservancy authority having power to raise, remove, or destroy the same, the general lighthouse authority for that part of the United Kingdom in or near which the vessel is situate shall, if in their opinion the same is or is likely to become an obstruction or danger to navigation, have the same powers in relation thereto as are by this Act conferred upon a harbour or conservancy authority. All expenses incurred by the general lighthouse authority under this Act, and not reimbursed in manner provided by this Act, shall be paid out of the Mercantile Marine Fund.

6. The provisions of this Act shall apply to every article or thing, or collection of things, being or forming part of the tackle, equipments, cargo, stores, or ballast of a vessel in the same manner as if it were included in the term "vessel," and for the purposes of this Act any proceeds of sale arising from a vessel and from the cargo thereof, or any other property recovered therefrom, shall be regarded as a common fund.

7. If any question arises between a harbour or conservancy authority on the one hand and a general lighthouse authority on the other hand as to their respective powers under this Act in relation to any place being in or near an approach to a harbour or tidal water, the same shall, on the application of either authority, be referred to the decision of the Board of Trade, and that decision shall be final.

8. The powers conferred by this Act shall be deemed to be in addition to and not in derogation of any other powers for the like object.