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Pt. II.

92.

Certificates

to be held by officers of

PART II-MASTERS AND SEAMEN.

As to the application of Part II. generally, see ss. 260-266.
As to recovery of fines and legal proceedings generally, see ss. 680 et seq.

Certificates of Competency.

As to the suspension and cancellation of such certificates by the Board of Trade, see ss. 469 et seq.

92.--(1.) Every British (a) foreign-going ship (b) and every of competency British home-trade passenger ship (6), when going to sea from any place in the United Kingdom, and every foreign steam ship() carrying passengers (d) between places in the United [1854, ss. 136, Kingdom, shall be provided with officers duly certificated under 291; 1862, this Act according to the following scale :

ships.

s. 5.]

(a.) In any case with a duly certificated master:

(b.) If the ship is of one hundred tons burden or upwards, with at least one officer besides the master holding a certificate not lower than that of only mate in the case of a foreigngoing ship, or of mate in the case of a home-trade passenger ship:

(b.) If the ship is of one hundred tons burden (e) or upwards, with at least one officer besides the master holding a certificate not lower than that of—

(i.) Mate in the case of a home-trade passenger ship; (ii.) Second mate in the case of a foreign-going sailing ship of not more than two hundred tons burden; and

(iii.) Only mate in the case of any other foreigngoing ship.

(c.) If the ship is a foreign-going ship, and carries more than
one mate, with at least the first and second mate duly
certificated:

(d.) If the ship is a foreign-going steam ship of one hundred
nominal horse-power or upwards, with at least two
engineers one of whom shall be a first-class and the other
a first-class or second-class engineer duly certificated:
(e.) If the ship is a foreign-going steam ship of less than one
hundred nominal horse-power, or a sea-going home-
trade passenger steam ship, with at least one engineer
who is a first-class or second-class engineer duly
certificated.

(2.) If any person

(a.) having been engaged as one of the above-mentioned officers goes to sea as such officer without being duly certificated; or

(b.) employs a person as an officer, in contravention of this section, without ascertaining that the person so serving is duly certificated,

that person shall be liable for each offence to a fine not exceeding fifty pounds:

(3.) An officer shall not be deemed duly certificated, within the meaning of this section, unless he is the holder for the time being of a valid certificate of competency under this Act of a grade appropriate to his station in the ship, or of a higher grade (f).

The words in italics are repealed by the M. S. A. 1906, s. 85, and by s. 56 the paragraph following is substituted therefor.

(a) See, as to what are "British ships," s. 1; as to the application of these provisions to unregistered British ships, s. 266; and as to the position of unrecognised British ships generally, s. 72.

(b) For definitions of "ship," "foreign-going ship," and "home-trade passenger ship," see s. 742.

(c) By virtue of s. 743 these provisions as to steamships apply also to ships propelled by electricity and other mechanical power.

(d) As to who are passengers," see notes to ss. 267, 625.

(e) See The Brunel, 69 L. J. P. 8; [1900] P. 24, and s. 3, note (a), ante. (f) Or of an appropriate certificate of service under s. 99.

Pt. II. 93-94.

93.-(1.) Certificates of competency shall be granted, in Grades of accordance with this Act, for each of the following grades (a); that is to say,

Master of a foreign-going ship:
First mate of a foreign-going ship:
Second mate of a foreign-going ship:
Only mate of a foreign-going ship:
Master of a home-trade passenger ship:
Mate of a home-trade passenger ship:
First-class engineer:

Second-class engineer.

(2.) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate for a home-trade passenger ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in the last-mentioned ship (); but a certificate for a home-trade passenger ship shall not entitle the holder to go to sea as master or mate of a foreign-going ship.

(a) As to certificates of competency in cooking for "ship's cooks to be carried by British foreign-going ships of 1,000 tons gross registered tonnage and upwards, see M. S. A. 1906, s. 27.

(b) Cf. s. 99, sub. s. (4), as to certificates of service.

certificates of
competency.
[1854, ss. 134,
137; 1862,
8. 5.]

94.-(1.) For the purpose of granting certificates of com- Examinations petency as masters, or mates, to persons desirous of obtaining for certificates

Pt. II.

95-96.

of competency.

the same, examinations shall be held by Local Marine Boards (a) at their respective ports.

(2.) The Board of Trade may make rules (b) which shall be [1854, ss. 131, strictly adhered to by the examiners for

132.]

Examinations by Board of Trade in

certain cases. [36 & 37 Vict.

c. 85, s. 10; 1862, s. 17.]

(a.) the conduct of the examinations; and
(b.) the qualification of the applicants:

and may depute any of their officers to attend and assist at any
examination.

(3.) The approval of the Board of Trade shall be necessary so far as regards the number and the remuneration of the examiners, and an examiner shall not be appointed, unless he holds a certificate of qualification to be from time to time granted or renewed by the Board of Trade.

(4.) The Board of Trade may, if it appears to them that the examination for two or more ports can be held without inconvenience by the same examiners, provide that the examination be so held, and require the Local Marine Boards of those ports to act as one board for the purpose of the examination.

(5.) Subject to the powers of the Board of Trade under this section the Local Marine Board may appoint, remove, and reappoint examiners, and regulate the conduct of the examinations, and any member of the Local Marine Board may be present at and assist at the examinations held by that Board.

(a) As to Local Marine Boards generally, see ss. 244 et seq. and M. S. A. 1906, s. 74.

(b) The rules may be obtained from the King's printer in pamphlet form.

95. Where the business of a mercantile marine office (a) is conducted otherwise than under a Local Marine Board, the Board of Trade may exercise all such powers and make all such provisions for the holding of examinations as may be exercised and made by a Local Marine Board.

(a) See ss. 246 et seq. and M. S. A. 1906, s. 74, for establishment and control of mercantile marine offices.

Engineers'
certificates of
competency.
[1862, s. 6.]

96.-(1.) For the purpose of granting certificates of competency as engineers to persons desirous of obtaining the same, examinations shall be held at such places as the Board of Trade direct.

(2.) The Board of Trade may appoint times for the examinations, and may appoint, remove, and re-appoint examiners to conduct the same, and determine the remuneration of those examiners, and may regulate the conduct of the examinations and the qualification of the applicants and may do all such acts and things as they think expedient for the purpose of the examinations.

Pt. II.

97. An applicant for examination, whether as master, mate, 97-100. or engineer, shall pay such fees, not exceeding those specified in Fees on the Fourth Schedule to this Act, as the Board of Trade direct, examination. and the fees shall be paid to such persons as the Board appoint [1854, ss. 11, and carried to the Mercantile Marine Fund (a).

See s. 676, sub-s. (2), as to time, &c. of payment of fees.

(a) The fees are now to be paid to the Exchequer, see M. S. (Mercantile Marine Fund) Act, 1898, s. 1.

Ï33, 417;
1862, s. 7; 50
& 51 Vict.
c. 62, s. 2.]

on passing

98.-(1.) The Board of Trade shall, subject as hereinafter Grant of mentioned, deliver to every applicant who is duly reported by certificates the examiners to have passed the examination satisfactorily, and examination. to have given satisfactory evidence of his sobriety, experience, [1854, s. 134; ability, and general good conduct on board ship, such a certificate 1862, s. 8.] of competency as the case requires.

(2.) The Board of Trade may in any case in which a report appears to them to have been unduly made, remit the case either to the examiners who made the report or to any other examiners, and may require a re-examination of the applicant, or a further inquiry into his testimonials and character, before granting him a certificate.

naval officers.

99. (1.) A person who has attained the rank of lieutenant, Certificates of sub-lieutenant, navigating lieutenant, or navigating sub- service for lieutenant in Her Majesty's Navy, or of lieutenant in Her [1854, s. 135; Majesty's Indian Marine Service, shall be entitled to a certificate 1862, s. 9.] of service as master of a foreign-going ship without examination. (2.) A person who has attained the rank of engineer or assistant engineer in Her Majesty's Navy or Indian Marine Service, shall be entitled without examination, if an engineer, to a certificate of service as first class engineer, and if an assistant engineer to a certificate of service as second class engineer.

(3.) A certificate of service shall differ in form (a) from a certificate of competency, and shall contain the name and rank of the person to whom it is delivered, and the Board of Trade shall deliver a certificate of service to any person who proves himself to be entitled thereto.

(4.) The provisions of this Act (including the penal provisions) shall apply in the case of a certificate of service as they apply in the case of a certificate of competency, except that the provisions (b) allowing a holder of a certificate of competency as master of a foreign-going ship to go to sea as master or mate of a home-trade passenger ship shall not apply.

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100.—(1.) All certificates of competency shall be made in Form and duplicate, one part to be delivered to the person entitled to the record of certificate, and one to be preserved.

certificate.
[1854, s. 138;
1862, s. 10;

Pt. II. 101-102.

c. 73, s. 4.]

(2.) Such last-mentioned part of the certificate shall be 35 & 36 Vict. preserved, and a record of certificates of competency and the suspending, cancelling, or altering of the certificates and any other matter affecting them shall be kept, in such manner as the Board of Trade direct, by the Registrar General of Shipping and Seamen or by such other person as the Board of Trade direct.

Loss of certificate.

1862, s. 10.]

(3.) Any such certificate and any record under this section shall be admissible in evidence in manner provided by this Act.

As to forms, see s. 720, and as to admissibility in evidence, see also s. 695, and Mc Allum v. Reid (1869), L. R. 3 A. & E. 57, n.

101. If a master, mate, or engineer proves to the satisfaction of the Board of Trade that he has, without fault on his part, [1854, s. 139; lost or been deprived of a certificate already granted to him, the Board of Trade shall, and in any other case may, upon payment of such fee (if any) as they direct, cause a copy of the certificate to which, by the record kept in pursuance of this Act, he appears to be entitled, to be certified by the Registrar General of Shipping and Seamen, or other person directed to keep the record, and to be delivered to him; and a copy purporting to be so certified shall have all the effect of the original.

Colonial

certificates of [32 & 33 Vict.

competency.

c. 11, s. 8.]

In the case of a colonial certificate, this power is exercised by the authority granting such certificate: see the Orders in Council cited in note to s. 102.

102. Where the legislature of any British possession provides for the examination of, and grant of certificates of competency to, persons intending to act as masters, mates, or engineers on board ships, and the Board of Trade report to Her Majesty that they are satisfied that the examinations are so conducted as to be equally efficient with the examinations for the same purpose in the United Kingdom under this Act, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under this Act, and are liable to be forfeited for the like reasons and in the like manner, Her Majesty may by Order in Council,—

(i.) declare that the said certificates shall be of the same force
as if they had been granted under this Act: and
(ii) declare that all or any of the provisions of this Act,
which relate to certificates of competency granted
under this Act, shall apply to the certificates referred
to in the Order: and

(iii.) impose such conditions and make such regulations with
respect to the certificates, and to the use, issue, delivery,
cancellation, and suspension thereof, as Her Majesty
may think fit, and impose fines not exceeding fifty
pounds for the breach of those conditions and regu-
lations.

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