of the numerous Acts relating to Merchant Shipping into This Seventh Edition, having met with as much success as its predecessors, is now issued with Addenda giving par- 410 26frizer70 ADDENDA, 1900, FOR OLIVER'S Shipping Law Manual. INTERNATIONAL MARITIME LAW.-In 1897, an International Maritime Committee was formed, with the object of the unification of maritime law, to avoid the inconveniences and anomalies at present arising from the great divergences between the laws of the various maritime nations. The central or International Committee is composed of members from each country, and National Associations are being formed, that in England being a sub-committee of the International on Association. It is hoped, by the facilities thus given for free discussion, some approach to uniformity may be rendered possible in the course of time. DISMISSAL, &c., of CAPTAIN.-Part VI. of the Merchant Shipping Act, 1894, gives power to Naval Courts, &c., to dismiss or supersede the Captain of a vessel in case of fraud, incompetence, &c. But cases may arise where death, illness, insanity or distance from any authority, may render necessary the immediate appointment of another as Captain. At sea, the mate would naturally be the person to take over the management of the ship. In port, the Captain can appoint a fit and competent successor; but cases have arisen where the successor has been appointed by the Consul, merchants, or other persons interested in, or responsible for, the ship or her cargo, in the absence of, or the impossibility of getting instructions from, the owners, and such appointments have been upheld as legal. Where a ship has several part-owners, the appointment and dismissal of the Captain would depend upon the judgment of those holding the largest interest, in case of any dispute arising among the shareholders. Should the Captain himself be a part-owner, he could not be dismissed unless for incompetence, fraud, or similar serious reason. Should the vessel change owners, the Captain would retain his position till re-appointed or superseded by the new owners. Addenda. B Should a Captain feel that his dismissal is not fully justified, by not having received due notice, &c., he is advised to seek his remedy, if he thinks it wise to do so, by an action for damages for wrongful dismissal, and not to attempt to retain possession of the ship or her papers. In 1897, a question arose as to a lady desiring to pass the Board of Trade voluntary examination as master of a yacht. The Board refused to allow her to do so; and, when pressed for reasons, could only state that they considered a master's certificate clearly implies that it is confined to men. Page 2.-REGISTRY of SHIPPING.-Of recent years, many Britishowned vessels have been registered in Norwegian and other foreign countries, to avoid the vexatious regulations of the Merchant Shipping Acts and the Mr Board of Trade. The legality of this procedure has not yet been fully tested in the Courts, but it seems to be generally considered that a British owner may sail his ship under the flag of any country which will admit his ship on their register. Pages 2-5.-Fees Payable for Registration, Transfer, &c.-By sec. 3 of the Merchant Shipping (Mercantile Marine Fund) Act, 1898, such fees are payable to the Exchequer, and are not to exceed those given below, and are not payable on bona fide fishing vessels or sailing ships under 100 tons. 1. On Registry.-Vessels under 50 tons gross pay 20s.; 50 to 100 tons, 308.; 100 to 200 tons, 40s. ; and 10s. for every 100 tons additional, or fraction thereof. 2. On Transfer, Transmission, Registry Anew, Transfer of Registry, Mortgage, and Transfer of Mortgage.-According to gross tonnage of ship or shares transferred, &c.-Under 10 tons, 2s. 6d. ; 10 and under 20 tons, 58.; 20 and under 30 tons, 78. 6d. ; 30 and under 40 tons, 10s. ; 40 and under 50 tons, 12s. 6d. ; 50 and under 75 tons, 158. ; 75 and under 100 tons, 17s. 6d.; 100 and under 125 tons, 208.; and 2s. 6d. for every additional 50 tons, or part thereof, up to 500 tons; and 2s. 6d. for every 100 tons beyond. 170 Page 6.-CHARTER PARTIES.-If the owner desires to divest himself of all liability on account of the acts of the charterer or captain, he can do so by transferring the appointment and payment of the captain, officers, and crew, to the charterer; or, should he desire to keep such appointment and payment in his own hands, he can then escape all such liability by stating explicitly in the Bills of Lading that the captain signs only as the agent of the charterer. The captain will thus perceive that those to whom he looks for his position, payment, &c., are responsible for his actions as their agent. In the case of the Manchester Trust v. Furness and Company, the Court of Appeal decided that the latter firm were liable under the following circumstances:-A Spanish firm, trading in Manchester, chartered the steamer Boston City from Furness and Company, the latter paying the captain and crew, and insuring and maintaining the vessel. The charter party also contained a clause that the captain and crew were nevertheless to be the agents and servants of the charterers, and that in signing any bills of lading the captain should only do so as their agent, the charterers also agreeing to indemnify the owners from all the consequences and liabilities therewith. A cargo of coal was then loaded at |