ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Pt. I. 5-8.

foreign ships in certain

cases.

Appointed day.

Saving for

ship coming in under

stress of

ships () while they are within any port of the United Kingdom as they apply to British ships:

Provided that His Majesty may by Order in Council (c) direct that those provisions shall not apply to any ship of a foreign country in which the provisions in force relating to life-saving appliances appear to His Majesty to be as effective as the provisions of Part V. of the principal Act, on proof that those provisions are complied with in the case of that ship.

(a) For "appointed day," see s. 5, post.

(b) For exceptions to the provisions of this section, see s. 6, post.
(c) For provisions as to Orders in Council, see M. S. A. 1894, s. 738.

5. For the purposes of this Part of this Act, the appointed day shall be the first day of January, nineteen hundred and nine, or such other day not being more than twelve months later, as the Board of Trade may appoint; and different days may be appointed for different provisions of this Part of this Act, and for different foreign countries.

6. Nothing in the foregoing provisions of this Part of this Act shall affect any foreign ship not bound to a port (a) of the United Kingdom which comes into any port of the United weather, &c. Kingdom for any purpose other than the purpose of embarking or landing passengers (b), or taking in or discharging cargo or taking in bunker coal.

Coasting steamships not to be exempt from load line provisions.

Extension of

(a) "Port" includes place in M. S. A. 1894, s. 702.

(b) For meaning of “passengers,” see M. S. A. 1906, s. 267, and notes thereto.

7. The exemption of ships under (a) eighty tons register employed solely in the coasting trade under sections four hundred and thirty-seven and four hundred and thirty-eight of the principal Act (which relate to the marking of deck lines and load lines) shall cease so far as respects steamships:

Provided that the Board of Trade may except from the provisions of this section any class (b) of steamships, so long as they do not carry cargo, and the provisions of this section shall not apply to any steamship belonging to any class so excepted.

66

(a) As to meaning of "coasting trade," see M. S. A. 1894, s. 625, note (d). (b) S. 78, post, gives the Board power to exempt any ship" from any requirement of the M. S. Acts, but such power is not expressed, as in the present section, to be applicable to any "class" of ships.

8.-(1.) Section four hundred and forty of the principal provisions as Act (which relates to the time for marking loadlines) shall apply to all British foreign-going ships (a), and so far as it is applied by this Act to foreign ships, to all foreign foreign-going

to the time of marking

load-line.

ships, whether the owner is required to enter the ship outwards or not (b).

(2.) In the case of a ship which the owner is not required to enter outwards

(a.) the disc indicating the load line shall be marked before
clearance for the ship is demanded;

(b.) the master shall prepare a statement similar to that
required to be inserted in the form of entry under
sub-section (2) of the said section four hundred and
forty, and in the case of a British ship shall enter a
copy of the statement in the agreement with the
crew (c) and in the official log book (d), and sub-sections
(3) and (4) of that section shall apply accordingly;
(c.) the master shall deliver a copy of the statement to the
officer of customs from whom a clearance for the ship
is demanded, and a clearance shall not be granted
until the statement is so delivered (e).

(3.) Where the certificate referred to in sub-section (4) of section four hundred and forty-three of the principal Act (which relates to regulations as to load line) is required to be delivered, the provisions of this section as to the statement to be prepared by the master shall not take effect.

(4.) For the purpose of providing for an alteration of marks during a voyage, sub-section (5) of section four hundred and forty of the principal Act shall be read as if the words "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" were added after the words "so marked," and sub-section (2) of section four hundred and forty-three of the principal Act shall be read as if the purposes for which regulations may be made under that section included provision. for the alteration of marks on ships abroad.

(a) For meaning of "foreign-going ship," see s. 742. As to power of Board of Trade to exempt any ship from these provisions, see s. 78, post.

(b) This extends s. 440 of 1894, which only applied where the owner was required to enter the ship outwards.

(c) As to agreements with crew, see M. S. A. 1894, s. 113 et seq.

(d) As to keeping of official logs and entries therein, see M. S. A. 1894, s. 239 et seq.

(e) The penalty for departing without being cleared is a forfeit of 1007. by the master, unless the ship is without cargo and without stores liable to duty or entitled to drawback. See Customs Law Consolidation Act, 1876 (39 & 40 Vict. c. 36), s. 132. S. 68 of M. S. A. 1894 authorises the detention of the ship if the declaration there mentioned is not made. An emigrant ship proceeding to sea without a clearance is liable to forfeiture. See M. S. A. 1894, s. 319. For provisions as to enforcing detention, see ibid. s. 692.

Pt. I.

9.

9.-(1.) The master of every British ship shall enter or cause Entry in logto be entered in the official log-book (a) a statement, or, if there book of boat is no official log-book, cause a record to be kept, of every drill, &c.

Pt. I. 10.

Loading of timber.

occasion on which boat drill (b) is practised on board the ship, and on which the life-saving appliances (c) on board the ship have been examined for the purpose of seeing that those appliances are fit and ready for use;

(2.) The master shall, if and when required by any officer of the Board of Trade, produce for inspection any record kept by him for the purposes of this section;

(3.) If the master of a ship fails to comply with any requirement of this section, he shall be liable on summary conviction (d) for each offence to a fine not exceeding ten pounds.

(a) As to keeping of official logs, see M. S. A. 1894, s. 113 et seq.

(b) The M. S. Acts contain no provisions compelling the practice of boat drill. (e) As to official survey of such appliances by surveyor of ships, see M. S. A. 1894, s. 431. For rules as to boats and life-saving appliances, see ibid. s. 427, and Appendix, p. 696.

(d) For summary procedure, see M. S. A. 1894, s. 680 et seq.

10 (a).-If a ship, British or foreign, arrives between the last day of October and the sixteenth day of April in any year [1894, s. 451.] at any port (b) in the United Kingdom from any port out of the United Kingdom, carrying any heavy or light wood goods as deck cargo (except under the conditions allowed by this section), the master of the ship, and also the owner, if he is privy to the offence, shall be liable to a fine not exceeding five pounds for every hundred and fifty cubic feet of space in which wood goods are carried in contravention of this section.

(2.) The conditions under which heavy wood goods (c) may be carried as deck cargo (c) are as follows:

(a.) that they must only be carried in covered spaces; and
(b.) that they must be carried only in such class of ships as
may be approved by the Board of Trade for the
purpose; and

(c.) that they must be loaded in accordance with regulations
made by the Board of Trade with respect to the loading
thereof.

(3.) The conditions under which light wood goods (d) may be carried as deck cargo are as follows:

(a.) Each unit of the goods (e) must be of a cubic capacity not greater than fifteen cubic feet; and

(b.) The height above the deck to which the goods are carried must not exceed

(i.) in the case of an uncovered space on a deck forming the top of a break, poop, or other permanent closed-in space on the upper deck, three feet above the top of that closed-in space; and

(ii.) in the case of an uncovered space, not being a space forming the top of any permanent closed-in

space on the upper deck or a space forming the top of
a covered space, the height of the main rail, bulwark,
or plating, or one-fourth of the inside breadth of the
ship, or seven feet, whichever height is the least; and
(iii.) in the case of a covered space, the full height
of that space.

(c.) Regulations may be made by the Board of Trade for the
protection of seamen from any risk arising from the
carriage of the goods in any uncovered space to the
height allowed under this section, and these regula-
tions must be complied with on the ship.

(4.) A master or owner shall not be liable to any fine under this section

(a.) in respect of any wood goods which the master has con

sidered it necessary to place or keep on deck during
the voyage on account of the springing of any leak,
or of any other damage to the ship received or appre-
hended; or

(b.) if he proves that the ship sailed from the port at which
the wood goods were loaded as deck cargo at such
time before the last day of October as allowed a suffi-
cient interval according to the ordinary duration of
the voyage for the ship to arrive before that day at
the said port in the United Kingdom, but was pre-
vented from so arriving by stress of weather or circum-
stances beyond his control; or

(c.) if he proves that the ship sailed from the port at which the wood goods were loaded as deck cargo at such time before the sixteenth day of April as allowed a reasonable interval according to the ordinary duration of the voyage for the ship to arrive after that day at the said port in the United Kingdom, and by reason of an exceptionally favourable voyage arrived before that day.

(5.) For the purposes of this section

(a.) The expression "heavy wood goods" means

(i.) any square, round, waney, or other timber (f), or any pitch pine, mahogany, oak, teak, or other heavy wood goods whatever; or

(ii.) any more than five spare spars or store spars,
whether or not made, dressed, and finally prepared
for use; and

(b.) the expression "light wood goods" means any deals,
battens, or other light wood goods of any descrip-
tion; and

[ocr errors]

(c) the expression "deck cargo means any cargo carried
either in any uncovered space upon deck or in any

Pt. I.

10.

Pt. I. 11-12.

Summary prosecution for offences under the

loading of grain provisions.

Prohibition of engage.

ment of seamen with insufficient knowledge of English.

covered space not included in the cubical contents forming the ship's registered tonnage; and

(d.) the space in which wood goods are carried shall be deemed to be the space limited by the superficial area occupied by the goods, and by straight lines enclosing a rectangular space sufficient to include the goods.

(6.) Nothing in this section shall affect any ship not bound to a port in the United Kingdom which comes into any port of the United Kingdom under stress of weather, or for repairs, or for any purpose other than the delivery of her cargo.

(7.) This section shall come into operation on the passing of this Act.

(a) The provisions of this section take the place of the provisions of M. S. A. 1894, s. 451, which is repealed by M. S. A. 1906, s. 85, Sched. II.

(b) "Port" includes place. See M. S. A. 1894, s. 742.

(c) For definitions, see sub-s. (5).

(d) For definitions, see sub-s. (5).

(e) Semble, this means each individual piece in each parcel.

[ocr errors]

(f) "Waney means irregular in shape. Pieces of spruce fir wood varying from 15 to 27 feet in length and with a mean girth of 2 ft. 9 in. were held to be "timber" within the meaning of the similarly worded clause of the repealed s. 451 of M. S. A. 1894. Morriss v. Thormodsen (1896), 60 J. P. 644.

11. Any offence for which a person is liable to a fine under sub-section (2) of section four hundred and fifty-two of the principal Act (which relates to the obligation to take precautions to prevent grain cargo from shifting) or under any provision of this Act which relates to the lading of grain cargoes on foreign ships, may be prosecuted summarily (a); but the fine to which a person is liable for any such offence shall not, if the offence is prosecuted summarily, exceed a hundred pounds.

(a) As to summary procedure, see M. S. A. 1894, s. 680 et seq.

12. After the thirty-first day of December nineteen hundred and seven, the superintendent or other officer, before whom a seaman (a) is engaged (b) to be entered on board any British ship at any port in the British Islands (c) or on the continent of Europe between the River Elbe and Brest inclusive, shall not allow a seaman to sign the agreement (d) if in his opinion the seaman does not possess a sufficient knowledge of the English language to understand the necessary orders that may be given to him in the course of the performance of his duties; but nothing in this section shall apply to any British subject or inhabitant of a British Protectorate or to any lascar:

Provided that where a seaman has been allowed to sign an agreement after the date on which this section comes into force,

« ÀÌÀü°è¼Ó »