to represent them for all the purposes of the reference and failing such notice and nomination being given within 14 days or such longer period as the said Committee of Lloyd's may direct after the notice of objection the arbitrators or arbitrator may proceed as if the parties failing to give the same had renounced their right to appear or adduce evidence.

12. Notices of objection shall be given to the secretary of Lloyd's within 30 days after the publication in "Lloyd's List" of a notice by the Committee to the effect that notices of objection must be given within that time. The Committee shall insert such notice as soon as in their opinion sufficient details of the occurrences in question have arrived in this country to enable the parties interested to judge whether the remuncration claimed is reasonable or otherwise.

No. 13.-Salvage Bond,

Under Section 558 of the Merchant Shipping Act, 1834.

Whereas certain salvage services are alleged to have been rendered by the vessel....... commander, to the merchant vessel

master, belonging to

and to the cargo therein, consisting of

of

to

:

And whereas the said vessel and cargo have been brought into the port and a statement of the salvage claim has been sent

this bond at the sum of

and he has fixed the amount to be inserted in

Now I, the said ..... do hereby, in pursuance of the Merchant Shipping Act, 1894, bind the several owners for the time being of the said vessel and of the cargo therein and of the freight payable in respect of that cargo and their respective heirs, executors, and administrators, to pay among them such sum not exceeding the said sum of in such proportions and to such persons as ................

or the High Court

in England shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid.

In witness whereof I have hereunto set my hand and seal, this

.........

day

in the presence

[N.B.-Any of the particulars not known, or not required, by reason of the claim being only against the cargo, &c., may be omitted.]

A DIGEST OF THE MERCHANT SHIPPING

ACT, 1894.

[57 and 58 Vict., cap. 60.]

THE Merchant Shipping Act, 1894, the longest on the Statute Book, consists of 14 Parts, 748 Sections, and 22 Schedules, and repeals 33 entire Acts dealing with shipping matters, and parts of 15 others. It is simply a codification and consolidation of these Acts, and by it order has been evolved out of chaos, to some extent, though even now it cannot be said that the Act comprehensively embraces all legislation relating to shipping, e.g., the Reserve Volunteer Force of Seamen Act, the Officers of Royal Naval Reserve Act, the Chain Cables and Anchors Acts, and the Bills of Lading Act, are all omitted, but are referred to in this work.

However, the new Act renders it much easier for owners and masters to refer to and understand what was formerly concealed in so many different Acts, though the lawyer will still need the aid of the latter in its interpretation. It cannot be expected that this Act will render further legislation unnecessary, however desirable that may be; there is no finality in amendments, additions, and alterations, in the work of our legislators.

The following digest has been so prepared as to compress all the provisions of the Act into the smallest compass compatible with clearness.

The Board of Trade is the department appointed to superintend all matters relating to merchant ships and seamen, and to carry inte execution all Acts of Parliament affecting them. Its powers are defined in Sections 713 to 730.

Definitions.

Section 742 of the Act defines the meaning of the following words and expressions used in it :—

Vessel includes any ship or boat, or any other description of vessel used in navigation.

Ship includes every description of vessel not propelled by oars.

Foreign-going Ship implies a vessel going between a place in the United Kingdom and another place outside the limits of the United Kingdom and of the continent of Europe between the River Elbe and Brest inclusive. Home-trade Ship implies a vessel plying within the above limits.

Muster includes every person having command or charge of any ship, but not the pilot.

Seaman includes every person employed in any capacity on board ship, except masters, indentured apprentices, and pilots.

Lighthouse includes any floating or other light for the guidance of ships, also fog signals.

Buoys and Beacons include all other marks and signs of the sea.

By Section 743 any provisions of the Act applying to steamships shall apply to ships propelled by Electricity or other mechanical power, with such modifications as the Board of Trade may prescribe.

Section 744 enacts that ships engaged in the whale, seal, walrus, or Newfoundland cod fisheries, are deemed to be foreign-going ships, and not fishing boats, with the exception of ships belonging to ports in Canada and Newfoundland employed in the said cod fishery.

ARRANGEMENT OF SECTIONS.

PART I.-REGISTRY.

Ownership and Registry.

1. Qualification for owning.

2. Obligation to register.

3. Exemptions from registry. 4. Registrars. 5. Register book. 6. Survey and measurement. 7. Marking of ship. 8. Application for registry. 10. Evidence on first registry.

15. Custody of

11. Entry 13. Port of certificate.

9. Declaration of ownership. of particulars in register. 12. Documents to be retained. registry. 14. Certificate of registry. 16. Penalty for improper certificate. 17. Power to grant new certificate. 18. Provision for loss of certificate. 19. Endorsement of change of master on certificate. 20. Endorsement of change of ownership on certificate. 21. Delivery up of certificate of ship lost, &c. 22. Provisional certificate23. Temporary passes.

Transfers, Mortgages, Sales, &c.

24. Transfer of ships or

shares. 25. Declaration of the transfer. 26. Registry of the transfer. 27. Transmission on death, &c. 28. Order for sale on transmission to unqualified person. 29. Transfer or sale by order of Court. 30. Power of Court to prohibit transfer. 31. Mortgage 32. Entry of discharge of mortgage. 33. Priority of Mortgagee not treated as owner. 35. Mortgagee to have

of ship or share. mortgages. 34.

power of sale. 36. Mortgage not affected by bankruptcy. 37. Transfer of mortgages. 38. Transmission of interest in a mortgage by death, &c. 39. Powers of mortgage and sale may be conferred by certificate. 40. Requisites for such certificates. 41. Restrictions on such certificates. 42. Contents of such certificates. 43. Rules as to certificates of mortgage. 44. Rules as to certificates of sale. 45. In case of loss of such certificate. 46. Revocation of such certificates.

Name, Alterations, and Re-Registry.

47. Rules as to name of ship. 48. Registry of alterations. 49. Regulations for such registry. 50. Provisional certificate and endorsement. 51. Registry anew. 52. Procedure for registry anew. 53. Transfer of registry. 54. Re-registration of abandoned ships.

Infancy, Trusts, &c.

55. Cases of infancy or other incapacity. received. 57. Equities not to be excluded. 59. Ship's managing owner to be registered.

56. Notice of trusts not

58. Liability of owners.

Returns, Evidence, and Forms.

61. Mode of making

60. Registrar may dispense with declarations, &c. declarations. 62. Application of fees. 63. Returns to be made by registrars. 64. Evidence of register book, &c. 65. Forms and instructions as to registry. 66. Forgery of documents. declarations.

Nationality, &c.

68. Nationality of ship to be declared before clearance. assuming British character. 70. Concealment of British or foreign character. 71. Penalty for unqualified ownership. of ships not recognised as British. 73. National colours. for not showing colours. 75. Saving for Admiralty. 76. Proceedings on forfeiture of ship.

Measurement of Ships.

67. False

69. Unduly assumption of 72. Liabilities

74. Penalty

77. Rules for ascertaining register tonnage. 78. Allowance for engineroom space. 79. Deductions for ascertaining tonnage. 80. Deductions in case of certain steamships. 81. Measurement of ships with double bottoms for water ballast. 82. Tonnage once ascertained to be the tonnage. 83. Fees for measurement. 84. Tonnage of foreign ships. 85. Space occupied by deck cargo liable to dues. 86. Surveyors and regulations for measurement. 87. Levy of tonnage rates under Local Acts.

Colonial and Foreign Registry.

89. Powers of Governors in Colonies.

88. Foreign ports of registry. 90. Terminable certificates of registry. 91. Application of Part I.

PART II.-MASTERS AND SEAMEN.

Certificates, Apprenticeship, Agreements, &c.

98. Grant of

100. Form 102. Colonial

92. Certificates of competency. 93. Grades of such certificates. 94. Examinations for certificates. 95. Examinations by Board of Trade. 96. Engineers' certificates. 97. Fees on examination. certificates. 99. Certificate of service for naval officers. and record of certificate. 101. Loss of certificate. certificates. 103. Production of certificates to the superintendent. 104. Forgery, &c., of certificate. 105. Assistance by superintendents as to apprenticeship. 106. Apprenticeships of paupers. 107. Attestation of pauper apprenticeship. 108. Apprenticeship to the sea service. 109. Production of indentures to superintendent. 110. Licence for supply of seamen. 111. Engaging seamen without licence. 112. Receiving remuneration from seamen for engagement. 113. Agreements with crew. 114. Form, period, and conditions of agreements. 115. Agreements with crew of foreign-going ships. 116. Agreements with crew of home-trade ships. 117. Changes in crew to be reported. 118. Certificate as to agreements with crew of foreign-going ships. 119. Certificate as to

agreements with crew of home-trade ships. 120. Copy of agreement to be made accessible to the crew. 121. Forgery, &c., of agreements. 122. Alterations in agreements. 123. Seamen not bound to produce them. 124. Engagement of seamen abroad. 125. Agreements with lascars. 126. Rating of seamen. 127. Discharge before the superintendent. 128. Certificate of discharge. 129. Reports of seaman's character. 130. False certificate of discharge or report.

Wages.

132. Master to deliver 134. Time of paypayment of wages

131. Payment of wages before superintendent. account of wages. 133. Deductions from wages. ment of wages for foreign-going ships. 135. Time of for home-trade ships. 136. Settlement of wages. 137. Decisions of questions by superintendents. 138. Superintendent may require production of the ship's papers. 139. Payment of seamen in foreign money.

140. Advance notes restricted. 141. Regulations, allotment notes. 142. Allotment through savings banks. 143. Right of suing on allotment notes. 144. Time for payment of allotment note. 145. Remittance of seamen's wages, &c. 146. Power to pay when the order is lost. 147. Penalty for issuing fraudulent orders. 148. Savings banks. 149. Receipt of deposits, &c. 150. Deposits of a deceased depositor. 151. Expenses of savings banks. 152. Their accounts and regulations. 153. Public officers exempt from legal proceedings. 154. Forgery of papers, &c., for obtaining money in savings bank. 155. Wages, &c., when to begin. 156. Right to recover wages, and salvage, not to be forfeited. 157. Wages not to depend on freight. 158. Wages on termination by