M. S. A. 1894,

8. 444.

And whereas the Legislature of the Government of India have by the Deck and Load-Lines Act, 1891, made provision for the fixing, marking and certifying of load-lines on ships registered in that Possession, and for giving notice of the load-line to persons interested:

And whereas it has been made to appear to Her Majesty the Queen that such provision is based on the same principles as the provisions of Part V. of the Merchant Shipping Act, 1894, and is equally effective for ascertaining and determining the maximum load-lines to which such ships can be safely loaded in salt water, and for giving notice of the load-line to the persons interested.

Now, therefore, Her Majesty, in exercise of the powers vested in Her by the Merchant Shipping Act, 1894, by and with the advice of Her Privy Council, is pleased to declare, and doth hereby declare, that any load-line fixed and marked, and any certificate given in pursuance of the said enactment shall, with respect to such ships so registered, have the same effect as if it had been fixed, marked, or given in pursuance of Part V. of the Merchant Shipping Act, 1894.

A. W. FITZRoy.

South Australia (a).

1900. No. 368.

At the Court at Windsor, the 15th day of May, 1900.

Present:

The Queen's Most Excellent Majesty in Council.

Whereas by section 444 of the Merchant Shipping Act, 1894, it is provided that where the Legislature of any British Possession by any enactment provides for the fixing, marking, and certifying of load-lines on ships registered in that Possession, and it appears to Her Majesty the Queen that that enactment is based on the same principles as the provisions of the fifth part of the said Merchant Shipping Act, 1894, relating to load-lines, and is equally effective for ascertaining and determining the maximum load-lines to which those ships can be safely loaded in salt water, and for giving notice of the load-line to persons interested, Her Majesty in Council may declare that any load-line fixed and marked, and any certificate given in pursuance of that enactment shall, with respect to ships so registered, have the same effect as if it had been fixed, marked, or given in pursuance of the fifth part of the said Merchant Shipping Act, 1894.

And whereas the Legislature of the British Possession of South Australia has, by certain enactments, namely, the Marine Board and Navigation Act Amendment Act, 1894, 57 & 58 Vict. No. 614, and the Marine Board and Navigation Act Amendment Act, 1897, 60 & 61 Vict. No. 691, provided for the fixing, marking, and certifying of load-lines on ships registered in that Possession.

(a) This Order was gazetted 22nd May, 1900.

8. 444.

And whereas it appears to Her Majesty the Queen that the said M. S. A. 1894, enactments are based on the same principles as the provisions of the fifth part of the said Merchant Shipping Act, 1894, relating to load-lines, and are equally effective for ascertaining and determining the maximum load-lines to which such ships can be safely loaded in salt water, and for giving notice of the load-line to persons interested.

Now, therefore, Her Majesty, by virtue of the power vested in Her by section 444 of the said Merchant Shipping Act, 1894, is hereby pleased to declare that any load-line fixed and marked, and any certificate given in pursuance of the provisions of the said Marine Board and Navigation Acts shall, with respect to ships registered in the British Possession of South Australia, have the same effect as if such load-line or certificate had been respectively fixed and marked or given in pursuance of the provisions of the fifth part of the said Merchant Shipping Act, 1894.

A. W. FITZROY.

Straits Settlements (a).

At the Court at Windsor, the 15th day of March, 1893 (b).
Present:

The Queen's Most Excellent Majesty in Council.

Whereas by the Merchant Shipping Act, 1890 (section 3), it is enacted that where the Legislature of any British Possession by any enactment provides for the fixing, marking, and certifying of load lines on ships registered in that Possession, and it appears to Her Majesty the Queen that the provisions of that enactment are based on the same principles as the provisions of this Act, and are equally effective for ascertaining and determining the maximum load-lines to which such ships can be safely loaded in salt water, and for giving notice of the load line to persons interested, it shall be lawful for Her Majesty by Order in Council to declare that any load line fixed and marked, and any certificate given in pursuance of that enactment shall, with respect to ships so registered, have the same effect as if they had been fixed, marked, or given in pursuance of this Act.

And whereas the Legislature of the British Possession of the Straits Settlements by certain provisions of three enactments, namely, Ordinance No. II. of 1882, intituled, "An Ordinance to repeal and re-enact with certain alterations the Steam Vessels Ordinance of 1873;" Ordinance No. X. of 1887, intituled, “An Ordinance to provide for the marking of deck and load lines on Steam Vessels registered in the Colony of the Straits Settlements;"

(a) This Order continues in force as if made under the Merchant Shipping Act, 1894, and references in it to the Merchant Shipping Act, 1890, is to be construed to refer to the corresponding section of the Merchant Shipping Act, 1894. See M. S. A. 1894, s. 745.

(b) This Order was gazetted 17th March, 1893.

8. 444.

M. S. A. 1894, and Ordinance No. XIII. of 1892, intituled, "An Ordinance to amend the Steam Vessels Ordinances, 1882 and 1887;" have provided for the fixing, marking, and certifying of load-lines on steamships registered in that Possession.

And whereas it has been made to appear to Her Majesty the Queen that such provisions of the said enactments are based on the same principles as the provisions of the Merchant Shipping Act, 1890, and are equally effective for ascertaining and determining the maximum load-lines to which steam ships registered in that Possession can be safely loaded in salt water, and for giving notice of the load-line to the persons interested.

Now, therefore, Her Majesty, in exercise of the powers vested in Her by the Merchant Shipping Act, 1890, by and with the advice of Her Privy Council, is pleased to declare, and doth hereby declare, that any load-line fixed and marked, and any certificate given in pursuance of the said Ordinances shall, with respect to steamships registered in the Straits Settlements, have the same effect as if it had been fixed, marked, or given in pursuance of the Merchant Shipping Act, 1890.

C. L. PEEL.

Victoria.

At the Court at Windsor, the 7th day of March, 1899 (a).

Present:

The Queen's Most Excellent Majesty in Council.

Whereas . . . then as in the first recital to the Order relating to South Australia, at p. 720, above, to... Merchant Shipping Act,

1894:

And whereas the Legislature of Victoria, by certain enactments, namely, the Marine Act, 1890 (54 Vict. No. 1165), the Marine Act, 1892 (56 Vict. No. 1357), and the Marine Act, 1897 (61 Vict. No. 1557), has provided for the fixing, marking, and certifying of load-lines on ships registered in that Possession:

And whereas it appears to Her Majesty that the said marine enactments are based on the same principles as the provisions of the fifth part of the Merchant Shipping Act, 1894, relating to loadlines, and are equally effective for ascertaining and determining the maximum load-lines to which ships registered in that Possession can be safely loaded in salt water, and for giving notice of the loadline to persons interested:

Now, therefore, Her Majesty, by virtue of the power vested in Her by section 444 of the said Merchant Shipping Act, 1894, is pleased to declare that any load-line, fixed and marked, and any certificate given in pursuance of the provisions of the Marine Acts hereinbefore referred to, shall, with respect to ships registered in Victoria, have the same effect as if it had been fixed, marked, or given in pursuance of the fifth part of the Merchant Shipping Act,

1894.

A. W. FITZROY.

(a) This Order was gazetted March 10th, 1899.

SHIPPING CASUALTIES RULES, 1895.

THE SHIPPING CASUALTIES RULES, DATED MARCH 7, 1895.

M. S. A. 1894,

8. 479.

1. These Rules may be cited as the Shipping Casualties Rules, 1895. They shall come into operation on the 1st day of April, 1895, and shall, so far as practicable, and unless otherwise expressly provided, apply to all matters arising in any pending investigations, and also to all investigations instituted on or after the said day.

Interpretation.

2. In these Rules, unless the context or subject matter otherwise requires

"Investigation" means a formal investigation into a shipping casualty:

"Judge" means the wreck commissioner, sheriff, sheriff-substitute, stipendiary magistrate, justices, or other authority empowered to hold an investigation:

"List of assessors" means the existing list and classification of assessors for shipping casualties approved by the Secretary of State set out in Part II. of the Appendix to these Rules, or the list and classification of assessors for the time being approved by the Secretary of State:

"Court of Appeal" means the Court by which appeals from decisions given in investigations or inquiries into shipping casualties are for the time being heard, under the Merchant Shipping Act, 1894, or any Act amending that Act.

Notice of Investigation.

3. When an investigation has been ordered, the Board of Trade may cause a notice, to be called a notice of investigation, to be served upon the owner, master, and officers of the ship, as well as upon any person who in their opinion ought to be served with such notice. The notice shall contain a statement of the questions which, on the information then in possession of the Board of Trade, they intend to raise on the hearing of the investigation, and shall be in the Form No. 1 in Part I. of the Appendix, with such variations as circumstances may require. The Board of Trade may, at any time before the hearing of the investigation, by a subsequent notice amend, add to, or omit any of the questions specified in the notice of investigation.

4. The Board of Trade, and any certificated officer upon whom a notice of investigation has been served, shall be deemed to be parties to the proceedings.

5. Any other person upon whom a notice of investigation has been served, and any person who shows that he has an interest in the investigation shall have a right to appear, and any other person may, by leave of the judge, appear, and any person who appears under this rule shall thereupon become a party to the proceedings.

M. S. A. 1894, 8.479.

Notice to Produce.

6. A party may give to any other party notice in writing to produce any documents (saving all just exceptions) relating to the matters in difference between them, and which are in the possession or under the control of such other party; and, if the notice is not complied with, secondary evidence of the contents of the documents may be given by the party who gave the notice.

Notice to Admit.

7. A party may give to any other party notice in writing to admit any documents (saving all just exceptions), and in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving the documents, whatever may be the result, unless the judge is of opinion that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice has been given, except where the omission to give the notice has, in the opinion of the officer by whom the costs are taxed, caused a saving of expense.

Affidavits.

8. Affidavits may, by permission of the judge, be used as evidence at the hearing.

Proceedings in Court.

9. At the time and place appointed for holding the investigation the Court may proceed with the investigation, whether the parties, upon whom a notice of investigation has been served, or any of them, are present or not.

10. The proceedings on the investigation shall commence with the production and examination of witnesses by the Board of Trade. These witnesses, after being examined on behalf of the Board of Trade, may be cross-examined by the parties in such order as the judge may direct, and may then be re-examined by the Board of Trade. Questions asked, and documents tendered as evidence in the course of the examination of these witnesses, shall not be open to objection merely on the ground that they do or may raise questions which are not contained in, or which vary from, the statement of the case, or questions specified in the notice of investigation.

11. When the examination of the witnesses produced by the Board of Trade has been concluded, the Board of Trade shall state in open Court the questions in reference to the casualty, and the conduct of the certificated officers, or other persons connected therewith, upon which the opinion of the Court is desired. In framing the questions for the opinion of the Court the Board of Trade may make such modifications in, additions to, or omissions from the questions in the notice of investigation as, having regard to the evidence which has been given, the Board of Trade may think fit.

12. After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the investigation, and determine upon the questions so stated. Each party to the investigation shall be entitled to address the Court and produce witnesses, or recall any of the witnesses who have already been examined for further examination, and generally adduce evidence.