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Pt. V. 425-426.

Report to
Board of
Trade of

accidents to
steamships.
[1854, 88. 291,
326.]

Notice of loss of British ship to be given to the Board of Trade.

[36 & 37 Vict.

c. 85, s. 22.]

The following is a list of the regulations or parts now in force and of the foreign countries to which they apply:

1. Collision Regulations of 1879

(a.) The whole of such regulations: Hawai. See Order in Council, 27th Nov. 1880;

(b.) All except Art. 10 of such regulations: Cochin, Kattyawar, Khelat, Kutch, Muscat, Travancore, Zanzibar. See Order in Council, 6th Sept. 1880;

(c.) Art. 10 only of such regulations: Austria-Hungary, Belgium, Denmark, Ecuador, Germany, Japan, Netherlands, Russia, Spain, and United States. See Order in Council, 7th July, 1897.

2. Collision Regulations of 1884

(a.) The whole of such regulations: Turkey. See Order in Council,
9th July, 1885;
(b.) Art. 10 only thereof: Brazil, Chili, France, Greece, Italy, Norway,
Portugal, Sweden. See Order in Council, 7th July, 1897.

3. Collision Regulations of 1896

(a.) The whole of such regulations except Art. 9 thereof: Argentine Republic, Austria-Hungary, Belgium, Brazil, Chili, China, Costa Rica, Denmark, Ecuador, Egypt, France, Germany, Greece, Guatemala, Italy, Mexico, Netherlands, Norway, Peru, Portugal, Russia, Siam, Spain, Sweden, United States. See Order in Council, 7th July, 1897.

For these Orders see Appendix, p. 671.

Report of Accidents and Loss of Ship.

425.-(1.) When a steamship 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 her hull or in any part of her machinery, the owner or master shall, within twenty-four hours after the happening of the accident or damage, or as soon thereafter as possible, transmit to the Board of Trade, by letter signed by the owner or master, a report of the accident or damage, and of the probable occasion thereof, stating the name of the ship, her official number (if any), the port to which she belongs, and the place where she is.

(2.) If the owner or master of a steamship fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding fifty pounds.

(3.) This section shall apply to all British ships, and to all foreign steamships carrying passengers between places in the United Kingdom.

426 (a).—(1.) If the managing owner (b) or, in the event of there being no managing owner, the ship's husband, of any British ship has reason, owing to the non-appearance of the ship or to any other circumstance, to apprehend that the ship has been wholly lost, he shall, as soon as conveniently may be, send to the Board of Trade notice in writing of the loss and of the probable occasion thereof, stating the name of the ship, her official number (if any), and the ports to which she belongs.

(2.) If a managing owner or ship's husband fails without reasonable cause to comply with this section within a reasonable time, he shall for each offence be liable to a fine not exceeding fifty pounds.

(a) By the Derelict Vessels (Report) Act, 1896, the person in charge of any British ship is bound to give notice of derelict vessels sighted on the high seas to Lloyd's agents.

(b) See s. 59, as to managing owner.

Life-saving Appliances.

Pt. V.

427.

427 (a).-(1.) The Board of Trade may make rules (in this Rules as to Act called rules for life-saving appliances) with respect to all or life-saving any of the following matters, namely:

(a.) the arranging of British ships into classes, having regard
to the services in which they are employed, to the
nature and duration of the voyage, and to the number
of persons carried;

(b.) the number and description of the boats, life-boats, life-
rafts, life-jackets, and life-buoys to be carried by
British ships, according to the class in which they are
arranged, and the mode of their construction, also the
equipments to be carried by the boats and rafts, and
the methods to be provided to get the boats and other
life-saving appliances into the water which methods
may include oil for use in stormy weather; and
(c.) the quantity, quality, and description of buoyant appa-
ratus to be carried on board British ships carrying

passengers, either in addition to or in substitution for
boats, life-boats, life-rafts, life-jackets, and life-buoys.

(2.) All such rules shall be laid before Parliament as soon as may be after they are made, and shall not come into operation until they have lain for forty days before both Houses of Parliament during the session of Parliament; and on coming into operation shall have effect as if enacted in this Act.

(3.) Rules under this section shall not apply to any fishing boat for the time being entered in the fishing boat register under Part IV. of this Act (b).

The rules now (June, 1907) in force (for which, see Appendix, p. 696) are those of 7 June, 1890, which came into force on 1 Nov. 1890. As to the saving thereof under this Act, see s. 745.

As to life-buoys on foreign emigrant ships, see s. 290, sub-s. (1) (f).

(a) This section may in 1909 apply to certain foreign ships when within a port of the United Kingdom. See M. S. A. 1906, ss. 4, 5, 6.

(b) For corresponding provisions as to such boats, see s. 375. It may be questioned whether this exemption applies while a registered fishing boat is temporarily employed as a cargo-carrying vessel.

T.

R

appliances.
[51 & 52 Vict.
c. 24, ss. 3, 6,
and Sched. II.]

Pt. V. 428-430.

Duties of
owners and

masters as to
carrying
life-saving
appliances.
[51 & 52 Vict.

c. 24, s. 1.]

Appointment

of consul

tative committee for

428. It shall be the duty of the owner and master of every British ship to see that his ship is provided, in accordance with the rules for life-saving appliances, with such of those appliances as, having regard to the nature of the service on which the ship is employed, and the avoidance of undue encumbrance of the ship's deck, are best adapted for securing the safety of her crew and passengers.

This section may in 1909 apply to certain foreign ships when within a port of the United Kingdom. See M. S. A. 1906, ss. 4, 5, 6.

429.-(1.) For the purpose of preparing and advising on the rules for life-saving appliances, the Board of Trade may appoint a committee, the members of which shall be nominated framing rules. by the Board in accordance with the Seventeenth Schedule to [51 & 52 Vict. this Act.

c. 24, s. 2.]

Penalty for breach of rules.

[51 & 52 Vict. c. 24, ss. 4, 7.]

(2.) A member of the committee shall hold office for two years from the date of his appointment, but shall be eligible for re-appointment.

(3.) There shall be paid to the members of the committee, out of the Mercantile Marine Fund (a), such travelling and other allowances as the Board of Trade may fix.

(4.) Her Majesty may, by Order in Council, alter the Seventeenth Schedule to this Act (b).

This section may in 1909 apply to certain foreign ships when within a port of the United Kingdom. See M. S. A. 1906, ss. 4, 5, 6.

(a) Now out of moneys provided by Parliament, see M. S. (Mercantile Marine Fund) Act, 1898, s. 1 (b).

(b) This power had not been exercised by 1st June, 1907.

430.—(1.) In the case of any ship—

(a.) if the ship is required by the rules for life-saving appliances to be provided with such appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules applicable to the ship; or

(b.) if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the voyage or excursion through the wilful fault or negligence of the owner or master; or (c.) if the master wilfully neglects to replace or repair on the first opportunity any such appliances lost or injured in the course of the voyage or excursion; or (d.) if such appliances are not kept so as to be at all times fit and ready for use;

then the owner of the ship (if in fault) shall for each offence be liable to a fine not exceeding one hundred pounds, and the master of the ship (if in fault) shall for each offence be liable to a fine not exceeding fifty pounds.

Pt. V.

(2.) Nothing in the foregoing enactments with respect to life- 431-432. saving appliances shall prevent any person from being liable under any other provision of this Act, or otherwise, to any other or higher fine or punishment than is provided by those enactments, provided that a person shall not be punished twice for the same offence.

(3.) If the court before whom a person is charged with an offence punishable under those enactments thinks that proceedings ought to be taken against him for the offence under any other provision of this Act, or otherwise, the court may adjourn the case to enable such proceedings to be taken.

This section may in 1909 apply to certain foreign ships when within a port of the United Kingdom. See M. S. A. 1906, ss. 4, 5, 6.

As to duty to keep record of inspection of life-saving appliances, see M. S. A. 1906, s. 9.

431.-(1.) A surveyor of ships (a) may inspect any ship Survey of ship for the purpose of seeing that she is properly provided with with respect to life-saving life-saving appliances in conformity with this Act, and for the appliances. purpose of that inspection shall have all the powers of a Board [51 & 52 Vict. of Trade inspector under this Act (b).

(2.) If the said surveyor finds that the ship is not so provided, he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same.

(3.) Every notice so given shall be communicated in the manner directed by the Board of Trade to the chief officer of customs of any port at which the ship may seek to obtain a clearance or transire, and the ship shall be detained (c) until a certificate under the hand of any such surveyor is produced to the effect that the ship is properly provided with life-saving appliances in conformity with this Act.

This section may in 1909 apply to certain foreign ships when within a port of the United Kingdom. See M. S. A. 1906, ss. 4, 5, 6.

(a) See ss. 724 et seq., and M. S. A. 1906, ss. 9, 75, as to appointment, powers, &c. of surveyors.

(b) See ss. 729, 730, as to powers of inspectors.

(c) See s. 692, as to detention of ship.

c. 24, s. 5.]

General Equipment.

432.-(1.) Every British sea-going (a) steamship, if em- Adjustment ployed to carry passengers (6), shall have her compasses properly of compasses adjusted from time to time; and every British sea-going steam- of hose. and provision ship not used wholly as a tug shall be provided with a hose [1854, s. 301.] capable of being connected with the engines of the ship, and adapted for extinguishing fire in any part of the ship:

(2.) If any such British sea-going steamship plies (a) or goes to sea from any port in the United Kingdom and any requirement of this section is not complied with, then for each matter

Pt. V.

433-435. in which default is made, the owner (if in fault) shall be liable to a fine not exceeding one hundred pounds, and the master (if in fault) shall be liable to a fine not exceeding fifty pounds.

Placing undue weight on safety valve.

(a) See, as to the meaning of "sea-going," note to s. 260, and of "plies," note to s. 267.

(b) See s. 285: vessels not carrying passengers are apparently not required to have their compasses adjusted.

433. A person shall not place an undue weight on the safety valve of any steamship, and if he does so he shall, in addition to [1854, 8. 302.] any other liability he may incur by so doing, be liable for each offence to a fine not exceeding one hundred pounds.

Signals of distress.

As to safety valves of passenger steamers, see ss. 272, sub-s. (4) (d), 286.

Signals of Distress.

434.-(1.) Her Majesty in Council may make rules as to what signals shall be signals of distress, and the signals fixed by [36 & 37 Vict. those rules shall be deemed to be signals of distress (a). c. 85, ss. 18,

20.]

Provision of

(2.) If a master of a vessel uses or displays, or causes or permits any person under his authority to use or display, any of those signals of distress, except in the case of a vessel being in distress, he shall be liable to pay compensation for any labour undertaken, risk incurred, or loss sustained in consequence of that signal having been supposed to be a signal of distress (b), and that compensation may, without prejudice to any other remedy, be recovered in the same manner in which salvage is recoverable (c).

(a) Rules as to signals of distress were contained in Schedule I. to the Act of 1873. Rules, apparently intended to supersede these, were included among the Regulations for preventing Collisions at Sea, made by Order in Council of 11 Aug. 1884. The above-mentioned Schedule was repealed by this Act (see 22nd Schedule), but the Order in Council, except where repealed by subsequent Orders, is saved by s. 745. The Rules now in force as to British vessels everywhere and foreign ships in British jurisdiction are contained in Schedule II. of the Order in Council of 27 Nov. 1896. The Rules applying to foreign vessels beyond British jurisdiction are -(1) Art. 27 of Collision Regulations, 1884 Turkey (see Order in Council of 9 July, 1885); (2) Schedule II. of the Order in Council of 27 Nov. 1896: Argentine Republic, Austria-Hungary, Belgium, Brazil, Chili, China, Costa Rica, Denmark, Ecuador, Egypt, France, Germany, Greece, Guatemala, Italy, Mexico, Netherlands, Norway, Peru, Portugal, Russia, Siam, Spain, Sweden, United States (see Order in Council of 7 July, 1897). See Appendix, p. 709.

(b) As to exemption from liability for use of registered private signals, see 8. 733. Sub-s. (2) of s. 434 does not by implication give any right to compensation for labour undertaken, or loss or risks incurred in going out in response to signals of distress properly displayed. The Elswick Park, 72 L. J. P. 79; [1904] P. 76.

(c) See ss. 547 et seq.

435.-(1.) Where a ship is a sea-going passenger steamer or signals of dis- emigrant ship within the meaning of the Third Part of this

tress, inextin

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