gency of the case so requires, shall take immediate steps for bringing the offender or offenders to justice. (3.) This section shall not apply (a.) except in Scotland, to fishing boats (d); nor (b.) to ships registered in a British possession when those (c.) to pleasure yachts, or ships belonging to any of the (a) For definition, see s. 742. Under the () As to official logs and entries therein, see ss. 239 et seq. repealed provisions the endorsement was made in the list of the crew instead of in the log. (c) See ss. 729, 730, as to powers of inspectors. (d) For provisions as to deaths in fishing boats, see ss. 385, 386. Scotland is excepted from those sections, and generally from the provisions as to fishing boats. See s. 372. (e) As to these authorities, see ss. 634 et seq. Pt. XIII. 691. in evidence 691.-(1.) Whenever in the course of any legal proceeding Depositions to instituted in any part of Her Majesty's dominions before any be received judge or magistrate, or before any person authorised by law or when witness by consent of parties to receive evidence, the testimony of any cannot be witness is required in relation to the subject matter of that pro- produced. ceeding, then upon due proof, if the proceeding is instituted in [1854, 8. 270.] the United Kingdom that the witness cannot be found in that kingdom, or if in any British possession that he cannot be found in that possession, any deposition that the witness may have previously made on oath in relation to the same subject matter before any justice or magistrate in Her Majesty's dominions, or any British consular officer elsewhere, shall be admissible in evidence, provided that— (a.) if the deposition was made in the United Kingdom, it shall not be admissible in any proceeding instituted in the United Kingdom; and (b.) if the deposition was made in any British possession, it shall not be admissible in any proceeding instituted in that British possession; and (c.) if the proceeding is criminal it shall not be admissible, unless it was made in the presence of the person accused. (2.) A deposition so made shall be authenticated by the signature of the judge, magistrate, or consular officer before whom it is made; and the judge, magistrate, or consular officer shall certify, if the fact is so, that the accused was present at the taking thereof. (3.) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed Pt. XIII. 692. Enforcing [39 & 40 Vict. any such deposition, and in any criminal proceeding a certificate under this section shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified. (4.) Nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any Act of Parliament, or by any Act or ordinance of the legislature of any colony, so far as regards that colony, or interfere with the power of any colonial legislature to make those depositions admissible in evidence, or to interfere with the practice of any court in which depositions not authenticated as herein-before mentioned are admissible. Detention of Ship and Distress on Ship. 692.-(1.) Where under this Act a ship (a) is to be or may be detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade, or any officer of Customs, or any British consular officer may detain the ship, and if the ship after detention or after service on the master of any notice of order for detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or person is party or privy to the offence, shall be liable for each offence to a fine not exceeding one hundred pounds. (2.) Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board of Trade or any officer of Customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also to a fine not exceeding one hundred pounds, or, if the offence is not prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and the expenses ordered to be paid may be recovered in like manner as the fine. (3.) Where under this Act a ship is to be detained an officer of Customs shall, and where under this Act a ship may be detained an officer of Customs may, refuse to clear that ship outwards or to grant a transire to that ship. (4.) Where any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of Customs, the proper officer shall mean, unless the context otherwise requires, the officer able to grant a clearance or transire to such ship. This section applies to the detention of a ship which is ordered to be detained under the Shipowners' Negligence (Remedies) Act, 1905. (a) Where a foreign ship had taken cargo on board at a port in the United Kingdom, and was whilst at that port unsafe by reason of overloading or improper loading, it was held that 39 & 40 Vict. c. 80, s. 34 (sub-ss. (1) and (2) of the present section), applied to her by virtue of s. 13 of the same Act (1894, s. 462), although no Order in Council had been made under s. 37 of that Act (1894, s. 734) applying such provisions to the ships of the country to which she belonged. Chalmers v. Scopenich, 61 L. J. M. C. 117; [1892] 1 Q. B. 735. This decision rested partly on the fact that s. 13 of 39 & 40 Vict. c. 80, applied to foreign ships in such circumstances; the provisions of that Act as to detention, including s. 31. It is to be observed that in the present Act s. 462 only expressly applies to such ships the provisions as to detention of Part V., which does not include s. 692. It is thought, however, that the authority of the decision is not affected by this change. As to the forfeiture of an emigrant ship proceeding to sea without a certificate of clearance, see s. 319. As to detention of foreign ships when unseaworthy, see s. 462, and M. S. A. 1906, s. 2. Pt. XIII. 693-695. leviable by 693. Where any court, justice of the peace, or other Sums ordered magistrate, has power to make an order directing payment to be paid to be made of any seaman's wages, fines, or other sums of distress on money, then, if the party so directed to pay the same is the ship. master or owner of a ship, and the same is not paid at the time [1854, s. 523.] and in manner prescribed in the order, the court, justice of the peace, or magistrate who made the order may, in addition to any other powers they may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or poinding and sale of the ship, her tackle, furniture, and apparel. Under the similar provision of 7 & 8 Vict. c. 112, s. 15, it was held that it was not competent for magistrates to levy distress at the suit of seamen for wages upon a vessel already under arrest of the Court of Admiralty. The Westmoreland (1845), 2 W. Rob. 394. As to distress on tackle, &c. for light dues, independently of order of court, see s. 650. Evidence, Service of Documents, and Declarations. 694. Where any document is required by this Act to be Proof of executed in the presence of or to be attested by any witness or attestation not required. witnesses, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without [1854, s. 526.] calling the attesting witness or the attesting witnesses or any of them. Cf. s. 123, as to proof of contents of agreement with crew. in evidence. 695.-(1.) Where a document is by this Act declared to be Admissibility admissible in evidence, such document shall, on its production of documents from the proper custody, be admissible in evidence in any court [1854, s. 107, or before any person having by law or consent of parties autho- &c. See 14 & rity to receive evidence, and, subject to all just exceptions, shall 15 Vict. c. 99, be evidence of the matters stated therein in pursuance of this Act 83. 14, 15, 17.] or by any officer in pursuance of his duties as such officer (a). (2.) A copy of any such document or extract therefrom shall also be so admissible in evidence if proved to be an examined Pt. XIII. 695. copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall () furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding fourpence for every folio of ninety words, but a person shall (b) be entitled to have (a.) a certified copy of the particulars entered by the registrar in the register book on the registry of the ship, together with a certified statement showing the ownership of the ship at the time being; and (b.) a certified copy of any declaration, or document, a copy of which is made evidence by this Act, on payment of one shilling for each copy. (3.) If any such officer wilfully certifies any document as being a true copy or extract knowing the same not to be a true copy or extract, he shall for each offence be guilty of a misdemeanor, and be liable on conviction to imprisonment for any term not exceeding eighteen months. (4.) If any person forges the seal, stamp, or signature of any document to which this section applies, or tenders in evidence any such document with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit, he shall for each offence be guilty of felony, and be liable to penal servitude for a term not exceeding seven years, or to imprisonment for a term not exceeding two years, with or without hard labour, and whenever any such document has been admitted in evidence, the court or the person who admitted the same may on request direct that the same shall be impounded, and be kept in the custody of some officer of the court or other proper person, for such period or subject to such conditions as the court or person thinks fit. See also ss. 64, 256, 691, 719-722, as to admissibility in evidence of register book, certificate of registry, and other documents. This section appears to be partly a consolidation of various provisions in several sections of the repealed Acts, and to be partly founded on ss. 14, 15, 17 of the Evidence Act, 1851. are (a) This section, in combination with s. 64, reproduces, inter alia, the provisions of M. S. A. 1854, s. 107, as to the register, certificate of registry, &c., with certain alterations, including the immaterial substitution of the words "evidence of" in s. 695, sub-s. (1), for "primâ facie proof of" in the repealed section. Since the names of the "registered owner" and of the "managing owner among the matters stated therein in pursuance of this Act (see ss. 11, 59), the register is evidence as to who are owners and managing owners, and it has been admitted as prima facie evidence that a ship-keeper was employed by the person registered as owner. Hibbs v. Ross (1866), 35 L. J. Q. B. 193; L. R. 1 Q. B. 534. But the registered owner is not necessarily the owner for all purposes. Thus, where he had parted with the possession and control of his ship to charterers under a charterparty, under which the master was the servant of the charterer, the owner, who was registered as such and as managing owner, was held not liable, either in contract or in tort, for loss of cargo carried under a bill of lading signed by the master. Baumwoll, &c. v. Furness (or Scheibler v. Furness), 62 L. J. Q. B. 201; [1893] A. C. 8. Cf. Steele v. Lester & Lilee (1877), 47 L. J. C. P. 43; 3 C. P. D. 121, where the registered managing owner was held liable for the negligence of the master. In a case of a demised vessel the registered owner was held not liable upon an allotment note given by the master for wages earned on his ship. See note (a) to s. 143, and cases there cited. As to the effect of registration as managing owner, see also note to s. 59. As to the register as evidence of the national character of a ship, see The Princess Charlotte (1863), B. & L. 75; The Laura (1865), 3 Moo. P. C. C. (N. S.) 181; 13 L. T. 133; cases cited in notes to ss. 70, 72; and note under" Provisions as to Discipline," p. 130. As to evidence of tonnage, see s. 82, and cases there cited. As to conclusiveness of documents, cf. Lewis v. Jewhurst (1866), 15 L. T. 275; and Board of Trade v. Sailing Ship Glenpack, 73 L. J. K. B. 315; [1904] 1 K. B. 682. (b) "shall.”—An exception to this obligation now occurs where the Board of Trade directs that a seaman's certificate of discharge shall be withheld, in which case the Registrar-General, &c. may refuse to furnish copies of the certificate or certified copies of particulars of service and character. M. S. A. 1906, s. 65, sub-s. (2). Pt. XIII. 696-697. documents. 696.-(1.) Where for the purposes of this Act any document Service of is to be served on any person, that document may be served(a.) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; and, (b.) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship; and, (c.) if the document is to be served on the master of a ship, where there is no master, and the ship is in the United Kingdom, on the managing owner of the ship (a), or, if there is no managing owner, on some agent of the owner residing in the United Kingdom, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship. (2.) If any person obstructs the service on the master of a ship of any document under the provisions of this Act relating to the detention of ships as unseaworthy (b), that person shall for each offence be liable to a fine not exceeding ten pounds, and, if the owner or master of the ship is party or privy to the obstruction, he shall in respect of each offence be guilty of a misdemeanor (c). (a) See s. 59, as to registration of managing owner. (b) See s. 459, as to detention of unsafe ships. (c) As to prosecution of misdemeanors, see s. 680. [1854, s. 522; 39 & 40 Vict." c. 80, s. 35.] 697. Any exception, exemption, proviso, excuse, or qualifica- Proof, &c. of tion, in relation to any offence under this Act, whether it does exemption. or does not accompany in the same section the description of the [18 & 19 Vict. offence, may be proved by the defendant, but need not be speci- 1883, 4. 3. c. 119, s. 89; |