Pt. IV. 414.

ficate of competency.

[1883, ss. 38, 42; 50 Vict. sess. 2, c. 4, ss. 8, 9.]

Granting of
certificate of
competency.
[1883, ss. 37,
39.]

or Ireland unless provided with a duly certificated skipper and a duly certificated second hand.

(2.) If a boat goes to sea contrary to this section, the owner thereof shall for each offence be liable to a fine not exceeding twenty pounds.

(3.) If any person, except in case of necessity—

(a.) having been engaged to serve as skipper or second hand of a fishing boat, being a trawler of twenty-five tons tonnage and upwards, serves as skipper or second hand of that boat without being duly certificated; or (b.) employs any person as skipper or second hand of such a boat without ascertaining that he is duly certificated; that person shall for each offence be liable to a fine not exceeding twenty pounds.

(4.) A skipper or second hand shall not be deemed duly certificated for the purpose of this section unless he holds a certificate under this Part of this Act appropriate to his station in the boat or to a higher station.

(5.) Where the skipper of such a boat is absent from his boat a superintendent may, on the request of the owner of the boat, and on being satisfied that the absence is due to an unavoidable cause, authorise the second hand of the boat to act, for a period not exceeding one month, as the skipper of the boat during the skipper's absence, and the second hand when acting under that authority shall for the purposes of this section be deemed to be a duly certificated skipper.

The words in italics are repealed by M. S. A. 1906, s. 85, Sched. II., and this section now applies to trawlers of 25 tons and upwards going to sea from any port in the United Kingdom; see M. S. A. 1906, s. 81.

414. (a)-(1.) Certificates of competency as skipper or as second hand of fishing boats, or any particular class of fishing boats, may be granted by the Board of Trade in the same manner as certificates of competency as master or mate under the Second Part of this Act (b), and all the provisions of this Act with respect to or connected with the examination of applicants for certificates and the granting thereof, and the suspension and cancellation thereof, and inquiries and investigations into the conduct of the holders thereof (c), and all other provisions of this Act relating to or connected with certificates of masters or mates, shall apply to the certificates as skipper or second hand of fishing boats, and the holders thereof, as if the certificates had been granted under Part II. of this Act, and the holders thereof shall be entitled to such privileges, and subject to such liabilities as they would be if such certificates had been so granted.

(2.) A certificate of competency as skipper of a fishing boat shall not be granted to any person unless he has previously held a certificate as second hand for at least twelve months.

(a) This section applies to trawlers of 25 tons and upwards going to sea from any port in the United Kingdom. See M. S. A. 1906, s. 81.

(b) For the provisions of Part II. as to such certificates, see ss. 92-104, and M. S. A. 1906, s. 56.

Certificates granted under the repealed Act were saved by s. 745, sub-s. (1) (a). (c) See Part VI.

Rules for the conduct of examinations were made in 1900 and 1901. See St. R. & O. Rev. 1904, tit. Merchant Shipping, p. 164 et seq.

Pt. IV. 415-416.

service.

415.-(1.) If any person before the first day of September Certificate of one thousand eight hundred and eighty-three (a) served as a [1883, s. 40; skipper, or before the first day of July one thousand eight 50 Vict. hundred and eighty-eight (a) served as a second hand in fishing sess. 2, c. 4, boats, being trawlers of twenty-five tons tonnage and upwards 8. 7.] or such other fishing boats as the Board of Trade consider will have afforded that person sufficient experience, for a period amounting in all to not less than twelve months, that person shall be entitled to a certificate of service as skipper or second hand, as the case may be, of a fishing boat, limited, if he has been exclusively employed in a particular class of such fishing boats, to that particular class.

(2.) If a person proves to the Board of Trade that he has served as required by this section and has been generally well conducted on board the boats in which he has served, the Board of Trade shall deliver a certificate of service to him.

(3.) The certificate of service shall differ in form from a certificate of competency, and shall contain particulars of the name, place, and date of birth of the holder, and of the length and nature of his previous service.

(4.) This Act shall apply to a certificate of service so granted and to the holder thereof in like manner as it applies to a certificate of competency granted under this Part of this Act and to the holder thereof.

(a) This section applies to trawlers of 25 tons and upwards going to sea from any port in the United Kingdom, but the date of the commencement of the M. S. A. 1906, is to be substituted for the dates mentioned in this section. See M. S. A. 1906, s. 81.

Certificates granted under the repealed Act were saved by s. 745, sub-s. (1) (a).

416. (a)—(1.) The Board of Trade may cause a register (b) of Registers of certificated skippers and second hands to be kept in such form certificated skippers and and by such person, and containing such particulars, as the second hands. Board direct.

(2.) Such register shall be admissible in evidence in manner provided by this Act (c), and the absence of an entry in the register of any person or matter shall be evidence of the nonregistration of such person or matter, and if the question is whether the person has been certificated as a skipper or second hand, of his not being so certificated.

(a) This section applies to trawlers of 25 tons and upwards going to sea from any port in the United Kingdom. See M. S. A. 1906, s. 81.

(b) Such a register has been kept by the Registrar-General of Shipping and Seamen since December, 1883.

(c) As to admissibility in evidence, see ss. 695, 719, &c.

[1883, s. 41.]

Pt. IV. 417.

Board of Trade regulations as to conveyance of fish from trawlers. [50 Vict.

sess. 2, c. 4, 8. 10.]

Conveyance of Fish from Trawlers.

417.-(1.) The Board of Trade, on the application of any owners of a fleet of fishing boats, or of any association of owners of fishing boats, or of any persons having the charge or command of a fleet of fishing boats, or without such application if the person or association entitled to make the application fails after request by the Board of Trade to do so, may make such regulations respecting the conveyance of fish from fishing boats catching fish as trawlers to vessels engaged in collecting and carrying fish to port, as may appear to the Board expedient for preventing loss of life, or danger to life or limb.

(2.) All regulations so made shall be laid for thirty days before both Houses of Parliament while in session, and shall not come into force till the expiration of those thirty days; and if either House within those thirty days resolves that the whole or any part of the regulations laid before them ought not to be in force, the same shall not have any force, without prejudice, nevertheless, to the making of any other regulation in its place. (3.) All regulations made under this section shall, whilst in force, have effect as if enacted in this Act.

(4.) If any person to whom such a regulation applies fails without reasonable cause to comply therewith, he shall for each offence be liable to a fine not exceeding ten pounds.

(5.) This section shall apply to fishing boats of whatever tonnage.

The following is a list of such regulations now in force, with the dates thereof, and (in brackets) the date of the London Gazette in which they are published. As to the saving of such regulations under this Act, see s. 745:-Great Northern Steamship Fishing Co., Ld., 17 May (24 July), 1888. Great Grimsby Ice Co., Ld., 10 Nov. (28 Dec.), 1888. Grimsby and North Sea Steam Trawling Co., Ld., 5 Nov. (28 Dec.), 1888. Hull Steam Fishing and Ice Co., Ld., 17 May (24 July), 1888. Short Blue Fleet (Messrs. Hewett's), 28 March (5 July), 1889. Hagerup, Doughty & Co., 29 June, 1897, St. R. & O. 1897, No. 602. Kelsall Brothers & Beeching, Ld., 8 May, 1897, St. R. & O. 1897, No 427. Hull Steam Fishing Vessel Owners Association, Ld., 6 Feb. 1905, St. R. & O. 1905, No. 411.

The regulations made since 1896 were not published in the London Gazette, and the last regulations have not been put on sale by the King's printers.

Pt. V. 418.

PART V.-SAFETY.

Prevention of Collisions.

418. (1.) Her Majesty may, on the joint recommendation Collision of the Admiralty and the Board of Trade, by Order in Council, regulations. make regulations for the prevention of collisions at sea (a), and [1862, ss. 25, 57.] may thereby regulate the lights to be carried and exhibited, the fog signals to be carried and used, and the steering and sailing rules to be observed, by ships (b), and those regulations (in this Act referred to as the collision regulations) shall have effect as if enacted in this Act (c).

(2.) The collision regulations, together with the provisions of this Part of (d) this Act relating thereto, or otherwise relating to collisions, shall be observed by all foreign ships within British jurisdiction (e), and in any case arising in a British court concerning matters arising within British jurisdiction foreign ships shall, so far as respects the collision regulations and the said provisions of this Act, be treated as if they were British ships.

(a) There is no definition of the term "at sea" in this Act, but it would seem that it does not include the water of any harbour, river, or other inland navigation, because s. 421 provides for the making of special regulations as to such waters. When such regulations are made by Order in Council, they are not the regulations for preventing collisions at sea, but they have the same force as if they formed part of such regulations: s. 421, sub-s. (2).. Compare Salt Union v. Wood, 62 L. J. M. C. 75; [1893] 1 Q. B. 370, where it was held that a ship which only navigated the River Weaver and the tidal waters of the Mersey was not a "sea-going ship" within the provisions now embodied in s. 260 of this Act. It has been held, however, that the "Regulations for preventing collisions at sea now in force apply to tidal waters connected with the sea navigable by sea-going vessels, because of the directions in the preliminary article to these regulations, see post, p. 657, and that it is now too late to question in the Court of Appeal the validity of such directions. The Anselm, 76 L. J. P. 54; [1907] P. 151.

(b) "Ships" do not include vessels propelled by oars. See s. 742, and note (d) thereto.

(c) The regulations now in force as to British ships everywhere and foreign ships within British jurisdiction are the Collision Regulations of 1896, made by Order in Council, 27 Nov. 1896, rules as to steam pilot vessels, made by Orders in Council, 18 Aug. 1892, and 7 July, 1897, and rules as to fishing boats, made by Order in Council, 4 April, 1906. See Appendix, p. 655.

Subject to the provisions of this Act, Orders in Council made under this section are to take effect as if they were enacted by Parliament. See s. 738 (3). As to the interpretation of terms used in Orders in Council, see Interpretation Act, 1889, s. 31, post, p. 420.

(d) The insertion of the words "this part of" in this and the 424th section is in accordance with the construction put upon ss. 57, 58 of the M. S. A. 1862, in The Amalia (1863), 32 L. J. Ad. 191; 1 Moo. P. C. C. (N. S.) 471.

(e) As to the limits of British jurisdiction, see The Saxonia (1861), 31 L. J. Ad. 201; Lush. 410; The Annapolis (1861), 30 L. J. Ad. 201; Lush. 295; R. v. Keyn, The Franconia (infra, p. 391); and the Territorial Waters Jurisdiction Act, 1878.

As to application to foreign ships beyond these limits, see s. 424; and of. The Koning Willem I., 72 L. J. P. 28; [1903] P. 114.

Pt. V. 419.

Observance

of collision regulations.

[1862, ss. 26,

27, 28; 36 &

419.-(1.) All owners and masters of ships (a) shall obey the collision regulations, and shall not carry or exhibit any other lights, or use any other fog signals, than such as are required by those regulations.

(2.) If an infringement of the collision regulations is caused 37 Vict. c. 85, by the wilful default of the master or owner of the ship, that master or owner shall, in respect of each offence be guilty of a misdemeanor (b).

8. 17.]

[36 & 37 Vict.

(3.) If any damage to person or property arises from the nonobservance by any ship of any of the collision regulations, the damage shall be deemed to have been occasioned by the wilful default (c) of the person in charge of the deck of the 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 necessary.

(4.) (d) Where in a case of collision it is proved to the court (e) c. 85, s. 17.] before whom the case is tried, that any of the collision regulations (f) have been infringed (g), the ship (h) by which the regulation has been infringed shall be deemed to be in fault (i), unless it is shown to the satisfaction of the court that the circumstances of the case made departure from the regulation necessary. (5.) The Board of Trade shall furnish a copy of the collision regulations to any master or owner of a ship who applies for it.

(a) “Ship.”—As to the meaning of this term, see s. 742. See also note to 8.422. As to foreign ships, see note (h), infra. "Ship" here is not confined to the ship on which, as a physical object, the infringement occurs, but may include another ship having authority over the former. See note (h), infra, Tug and tow," and The Devonian, there cited.

66

(b) As to punishment of misdemeanors, see s. 680.

66

(c) Wilful default."-Even apart from sub-s. (4), these words do not relieve the owner from liability for damage caused by the act of his servant. The Seine (1859), Swa. 411.

As to the meaning of "wilful default," see note (d) to s. 4.

Grill v.

The statute was not intended to alter the relation between shipowners and shippers, but to regulate the rights of shipowners inter se, and sub-s. (3) does not render a breach of the regulations barratry unless it was intentional. General Iron Screw Collier Co. (1866), 35 L. J. C. P. 321 ; L. R. 1 C. P. 600, 611; affirmed, 37 L. J. C. P. 205; L. R. 3 C. P. 476.

SUB-S. (4). STATUTORY PRESUMPTION OF FAULT.

(d) As to the earlier legislation and cases on this subject, see The Khedive (Stoomrart, &c. v. Peninsular, &c. S. N. Co.) (No. 1) (1880), 52 L. J. Ad. 1; 5 App. Cas. 876.

(e) This sub-section is not confined to Admiralty cases, but applies to all courts. Boucher v. Clyde Shipping Co., [1904] 2 Ir. R. 129.

(f) "The collision regulations"-Local rules.-The sub-section applies both to the general collision regulations (see s. 418) and to local rules having the force of such regulations. See s. 421, sub-s. 2, and the following cases.

By virtue of s. 2 of the Mersey Sea Channels Act, 1897, the regulations made by Order in Council under s. 421, sub-s. (2), are to apply to the sea approaches to the Mersey, and have the force of the collision regulations.

Local rules made under M. S. A. 1862, s. 32 (1894, s. 421, sub-s. (2)), are within this section. The Ripon (1885), 54 L. J. P. 56; 10 P. D. 65 (Humber Rules); The Fire Queen (1887), 56 L. J. P. 90; 12 P. D. 147, 152 (Mersey River Rules); see also The Talbot, [1891] P. 184; 64 L. T. 542.