Act (a), the ship shall be provided to the satisfaction of the Pt. V. 436. guishable life-buoys (b). (a.) with means for making the said signals of distress at lights, and night, including means of making flames on the ship which are inextinguishable in water, or such other [39 & 40 Vict. means of making signals of distress as the Board of Trade may previously approve; and (b.) with a proper supply of lights inextinguishable in water, and fitted for attachment to life-buoys. (2.) If any such ship goes to sea from any port of the United Kingdom without being provided as required by this section, then for each default in any of the above requisites, 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. (a) See ss. 267, 268. As to night signals on emigrant ships, see s. 290, sub-s. (1) (g). (b) This marginal note is misleading. The provisions as to life-buoys are contained in s. 427, and the rules thereunder, and s. 290, sub-s. (1) (f), and not in this section. c. 80, s. 21; see 18 & 19 Vict. c. 119, s. 27.] Draught of Water and Load-Line. 436.-(1.) The Board of Trade may, in any case or class of Ship's cases in which they think it expedient to do so, direct any person water to be draught of appointed by them for the purpose, to record, in such manner recorded. and with such particulars as they direct, the draught of water [34 & 35 Vict. of any sea-going (a) ship, as shown on the scale of feet on her c. 110, s. 5; stem and stern post, and the extent of her clear side in feet and 36 & 37 Vict. c. 85, s. 4.] inches, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, and the person so appointed shall thereupon keep that record, and shall forward a copy thereof to the Board of Trade. (2.) That record or copy, if produced out of the custody of the Board of Trade, shall be admissible in evidence in manner provided by this Act (b). (3.) The master of every British sea-going ship shall, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, record her draught of water and the extent of her clear side in the official log book (if any) (c), and shall produce the record to any chief officer of customs whenever required by him (d), and if he fails without reasonable cause to produce the record shall for each offence be liable to a fine not exceeding twenty pounds. (4.) The master of a sea-going ship shall, upon the request of any person appointed to record the ship's draught of water, permit that person to enter the ship and to make such inspections and take such measurements as may be requisite for the purpose of the record; and if any master fail to do so, or impedes, or Pt. V. 437-438. suffers anyone under his control to impede, any person so appointed in the execution of his duty, he shall for each offence be liable to a fine not exceeding five pounds. (5.) In this section the expression "clear side" means the height from the water to the upper side of the plank of the deck from which the depth of hold as stated in the register is measured, and the measurement of the clear side is to be taken at the lowest part of the side. (a) For the meaning of "seagoing," see note to s. 260. (b) See s. 695 as to admissibility. (c) See ss. 239 et seq. as to official logs. (d) As to ships carrying grain, cf. s. 454, and M. S. A. 1906, ss. 3, 6. 437.—(1.) Every British ship (except ships (a) under eighty tons register employed solely in the coasting trade (b), ships employed solely in fishing, and pleasure yachts, and ships employed exclusively in trading or going from place to place in any river or inland water the whole or part of which is in any British possession) shall be permanently and conspicuously marked with lines (in this Act called deck-lines) of not less than twelve inches in length and one inch in breadth, painted longitudinally on each side amidships, or as near thereto as is practicable, and indicating the position of each deck which is above water. (2.) The upper edge of each of the deck lines must be level with the upper side of the deck plank next the waterway at the place of marking. (3.) The deck-lines must be white or yellow on a dark ground, or black on a light ground. (4.) In this section the expression "amidships" means the middle of the length of the load water-line as measured from the fore side of the stem to the aft-side of the stern-post. As to the application of this section to certain foreign ships after January 1, 1909, see M. S. A. 1906, ss. 5, 6. (a) This exception does not apply to steamships, but the Board of Trade may except any class of steamships so long as they do not carry cargo. See M. S. A. 1906, s. 7. (b) As to meaning of “coasting trade," see s. 625, note (d). 438. (1.) The owner of every British ship proceeding to sea from a port in the United Kingdom (except ships (a) under eighty tons register employed solely in the coasting trade (b), ships employed solely in fishing and pleasure yachts) shall, before the time herein-after mentioned, mark upon each of her sides, amidships within the meaning of the last preceding section, or as near thereto as is practicable, in white or yellow on a dark ground, or in black on a light ground, a circular disc twelve inches in diameter, with an horizontal line eighteen inches in length drawn through its centre. (2.) The centre of this disc shall be placed at such level as may be approved by the Board of Trade below the deck-line marked under this Act and specified in the certificate given thereunder, and shall indicate the maximum load-line in salt water to which it shall be lawful to load the ship. (3.) The position of the disc shall be fixed in accordance with the tables used at the time of the passing of this Act by the Board of Trade (c), subject to such allowance as may be made necessary by any difference between the position of the deck-line marked under this Act and the position of the line from which freeboard is measured under the said tables, and subject also to such modifications, if any, of the tables and the application thereof as may be approved by the Board of Trade. (4.) In approving any such modifications the Board of Trade shall have regard to any representations made to them by any corporation or association for the survey or registry of shipping for the time being appointed or approved by the Board of Trade, as herein-after mentioned, for the purpose of approving and certifying the position of the load line. As to the application of this section to certain foreign ships after January 1, 1909, see M. S. A. 1906, ss. 1, 5, 6. (a) This section does not apply to steamships, but the Board of Trade may except any class of steamships so long as they do not carry cargo. See M. S. A. 1906, s. 7. (b) As to meaning of "coasting trade," see s. 625, note (d). (c) See Tables of Freeboard contained in Instructions to Surveyors issued by the Board of Trade. Pt. V. 439-440. load lines 439. If a ship is so loaded as to submerge in salt water Ships with the centre of the disc indicating the load-line, the ship shall be submerged deemed to be an unsafe ship within the meaning of the pro- deemed visions hereafter contained in this Part of this Act, and such unsafe. submersion shall be a reasonable and probable cause for the [55 & 56 Vict. detention of the ship. c. 37, s. 1.] As to the application of this section to certain foreign ships after January 1, 1909, see M. S. A. 1906, ss. 1, 5, 6. load-line in case of 440 (a).-(1.) Where a ship proceeds on any voyage from a Time, &c. for port in the United Kingdom for which the owner is required to marking of enter the ship outwards (a), the disc indicating the load-line shall be marked, before so entering her, or, if that is not practicable, foreign going as soon afterwards as may be. vessels. (2.) The owner of the ship shall upon entering her outwards [39 & 40 Vict. insert in the form of entry a statement in writing of the distance. 80, H. 26.] in feet and inches between the centre of this disc and the upper edge of each of the deck lines which is above that centre (b), and if default is made in inserting that statement, the ship may be detained (c). (3.) The master of the ship shall enter a copy of that statement in the agreement with the crew before it is signed by any Pt. V. 441. Time, &c. for marking of load-line in case of coasting vessels. [39 & 40 Vict. c. 80, s. 27.] member of the crew, and a superintendent shall not proceed with the engagement of the crew until that entry is made (d). (4.) The master of the ship shall also enter a copy of that statement in the official log book (e). (5.) When a ship to which this section applies has been marked with a disc indicating the load-line, she shall be kept so marked, or, if the mark has been altered abroad in accordance with regulations made by the Board of Trade for the purpose, marked with the mark as so altered (ƒ), until her next return to a port of discharge in the United Kingdom. (a) As to the application of sub-ss. 1, 2 and 5 of this section to certain foreign ships after January 1, 1909, see M. S. A. 1906, ss. 1, 5, 6; and as to the application of the section to British and foreign-going ships whether the owner is required to enter the ship outwards or not, see M. S. A. 1906, s. 8. (b) But see the exemption in s. 443, sub-s. (4). (c) As to enforcement of detention, see s. 692. (d) See ss. 113 et seq. for provisions as to engagement of crew. (e) See ss. 239 et seq. as to official log book. (f) The words in clarendon are added to this section by M. S. A. 1906, 8. 8 (4), for the purpose of providing for the alteration of marks during a voyage. 441 (a).--(1.) Where a ship employed in the coasting trade is required to be marked with the disc indicating the load-line (b), she shall be so marked before the ship proceeds to sea from any port; and the owner shall also once in every twelve months, immediately before the ship proceeds to sea, transmit or deliver to the chief officer of customs of the port of registry of the ship a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the decklines which is above that centre (c). (2.) The owner, before the ship proceeds to sea after any renewal or alteration of the disc, shall transmit or deliver to the chief officer of customs of the port of registry of the ship notice in writing of that renewal or alteration, together with such statement in writing as before mentioned of the distance between the centre of the disc and the upper edge of each of the decklines (c). (3.) If default is made in transmitting or delivering any notice or statement under this section, the owner shall, for each offence, be liable to a fine not exceeding one hundred pounds. (4.) When a ship to which this section applies has been marked with a disc indicating the load-line, she shall be kept so marked until notice is given of an alteration. (a) As to the application of this section to certain foreign ships after January 1, 1909, see M. S. A. 1906, ss. 1, 5, 6. (b) See s. 438, sub-s. (1). (c) But see the exemption in s. 443, sub-s. (4). 442 (a).-(1.) If— Pt. V. 442-443. marking of (a.) any owner or master of a British ship fails without Penalty for (b.) any person conceals, removes, alters, defaces, or oblite rates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate, any of the said marks, except in the event of the particulars thereby denoted being lawfully altered, or except for the purpose of escaping capture by an enemy, he shall for each offence be liable to a fine not exceeding one hundred pounds. (2.) If any mark required by this Part of this Act is in any respect inaccurate so as to be likely to mislead, the owner of the ship shall for each offence be liable to a fine not exceeding one hundred pounds. (a) As to the application of this section to certain foreign ships after January 1, 1909, see M. S. A. 1906, ss. 1, 5, 6. (b) An owner, whose ship is overloaded without his knowledge or assent by the master, is not responsible for the act of the master so as to be liable to the penalty imposed by this section. Massey v. Morris, 63 L. J. M. C. 185; [1894] 2 Q. B. 412. c. 9, s. 2; 443 (a).-(1.) The Board of Trade shall appoint the Committee Regulations of Lloyd's Register of British and Foreign Shipping or, at the as to load-line. option of the owner of the ship, any other corporation, or asso- [53 & 54 Vict. ciation for the survey or registry of shipping approved by the 55 & 56 Vict. Board of Trade, or any officer of the Board of Trade specially c. 37, s. 2.] selected by the Board for that purpose, to approve and certify on their behalf from time to time the position of any disc indicating the load-line, and any alteration thereof, and may appoint fees to be taken in respect of any such approval or certificate. (2.) The Board of Trade may make regulations (b) — (a.) determining the lines or marks to be used in connexion (b.) as to the mode in which the disc and the lines or marks (c.) as to the mode of application for, and form of, certificates |