ment of 429.-(1.) For the purpose of preparing and advising on Appointthe rules for life-saving appliances (ƒ), the Board of Trade consulmay appoint a committee, the members of which shall be tative nominated by the Board in accordance with the Seventeenth for framing Schedule to this Act. committee rules. 51 & 52 (2.) A member of the committee shall hold office for Vict. c. 24, two years from the date of his appointment, but shall be s. 2. eligible for re-appointment. (3.) There shall be paid to the members of the committee, out of the Mercantile Marine Fund (g), such travelling and other allowances as the Board of Trade may fix. (4.) Her Majesty may, by Order in Council (h), alter the Seventeenth Schedule to this Act (i). Penalty for breach of rules. 430.-(1.) In the case of any ship (k)— (b.) if any of the appliances with which the ship is so then the owner (1) of the ship (if in fault) shall for each (ƒ) § 427. (g) § 677, s. (o.). (h) § 738. (i) Schedules that may be altered by Order in Council have usually, though not always, been omitted in drafting this Act. (k) i.e. British ship; see § 427. (m) Defined, § 742. (n) Procedure, §§ 680-684; fines how applicable, §§ 699, 716. Vict. c. 24, ss. 4, 7. Survey of ship with appli (2.) Nothing in the foregoing enactments with respect to life-saving appliances shall prevent any person from being liable under any other provision of this Act (o), or otherwise (p), to any other or higher fine or punishment than is provided by those enactments, provided that a person shall not be punished twice for the same offence. (3.) If the court before whom a person is charged with an offence punishable under those enactments thinks that proceedings ought to be taken against him for the offence under any other provision of this Act (o), or otherwise (p), the court may adjourn the case to enable such proceedings to be taken. 431.-(1.) A surveyor of ships (q) may inspect any respect to ship (r) for the purpose of seeing that she is properly prolife-saving vided with life-saving appliances in conformity with this Act (s), and for the purpose of that inspection shall have all the powers of a Board of Trade inspector under this Act (t). ances. 51 & 52 Vict. c. 24, s. 5. (2.) If the said surveyor finds that the ship is not so provided, he shall give to the master (u) or owner (a) notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same. (3.) Every notice so given shall be communicated in the manner directed by the Board of Trade to the chief officer of customs (u) of any port (u) at which the ship may seek to obtain a clearance or transire, and the ship shall be detained (y) until a certificate under the hand of any such surveyor (q) is produced to the effect that the ship is properly provided with life-saving appliances in conformity with this Act (s). (o) e.g. under § 457, for sending an unseaworthy ship to sea. (p) e.g. for manslaughter, if life is lost through the default. (q) §§ 724-726. (r) i.e. British ship; see § 427. (8) § 427. General Equipment. ment of vision of 432.-(1.) Every British (2) sea-going (a) steamship (b) if Adjustemployed to carry passengers (c), shall have her compasses compasses properly adjusted from time to time; and every British (2) and prosea-going (a) steamship (b) not used wholly as a tug shall hose. be provided with a hose capable of being connected with 1854, s. the engines of the ship, and adapted for extinguishing fire in any part of the ship: (2.) If any such British (2) sea-going (a) steamship (b) plies or goes to sea from any port (d) in the United Kingdom and any requirement of this section is not complied with, then for each matter in which default is made, the owner (e) (if in fault) shall be liable to a fine not exceeding one hundred pounds (ƒ), and the master (d) (if in fault) shall be liable to a fine not exceeding fifty pounds (ƒ). 301. undue 433. A person shall not place an undue weight on the Placing safety valve of any steamship, and if he does so he shall, weight on in addition to any other liability he may incur by so safety doing (g), be liable for each offence to a fine not exceeding 1854, s. one hundred pounds (ƒ). Signals of Distress. valve. 302. distress. 434. (1.)—Her Majesty in Council (h) may make rules (i) Signals of as to what signals shall be signals of distress, and the signals fixed by those rules shall be deemed to be signals Vict. c. 85, of distress. (2.) If a master (d) of a vessel (k) uses or displays, or causes or permits any person under his authority to use or display, any of those signals of distress, except in the case of (2) Note to § 1. (a) Cf. Salt Union v. Wood (1893), 1 Q. B. 370. (b) Includes vessels propelled by electricity; see § 743, s. (c.). (c) Cf. notes to §§ 267, 268. (d) Defined, § 742. (e) § 58. (f) Procedure, §§ 680-684; application of fine, §§ 699, 716. (g) In case of a passenger steamer, under 286; also prosecution if (i) These were scheduled to the (k) Wider than "ship;" see note (k) to § 422, and § 742. ss. 18, 20. Provision of signals a vessel being in distress, he shall be liable to pay compensation for any labour undertaken, risk incurred, or loss sustained in consequence of that signal having been supposed to be a signal of distress, and that compensation may, without prejudice to any other remedy, be recovered in the same manner in which salvage is recoverable (1). 435.-(1.) Where a ship (m) is a sea-going (n) passenger of distress, steamer (0) or emigrant ship (p) within the meaning of the inextin- Third Part of this Act, the ship shall be provided to the guishable lights, and satisfaction of the Board of Trade life-buoys. See 18 & 19 119, s. 27. Ship's (a.) with means for making the said signals of distress (q) at night, including means of making flames on the ship which are inextinguishable in water, or such other means of making signals of distress as the Board of Trade may previously approve; and (b.) with a proper supply of lights inextinguishable in water, and fitted for attachment to life-buoys. (2.) If any such ship (r) goes to sea from any port (m) of the United Kingdom without being provided as required by this section, then for each default in any of the above requisites the owner (s) (if in fault) shall be liable to a fine not exceeding one hundred pounds (t), and the master (m) (if in fault) shall be liable to a fine not exceeding fifty pounds (t). Draught of Water and Load-Line. 436. (1.) The Board of Trade may, in any case or class of cases in which they think it expedient to do so, direct any person appointed by them for the purpose, to record, in such manner and with such particulars as they direct, the draught of water of any sea-going (n) ship, as shown on the scale of feet on her stem and stern post, and the extent Vict. c. 85, of her clear side (u) in feet and inches, upon her leaving any dock, wharf, port (m), or harbour (m) for the purpose of 34 & 35 Vict. c. 110, s. 5. 36 & 37 8. 4. proceeding to sea, and the person so appointed shall thereupon keep that record, and shall forward a copy thereof to the Board of Trade. (2.) That record or copy, if produced out of the custody of the Board of Trade, shall be admissible in evidence in manner provided by this Act (x). (3.) The master (y) of every British (2) sea-going (a) ship (y) shall, upon her leaving any dock, wharf, port (y), or harbour (y) for the purpose of proceeding to sea, record her draught of water and the extent of her clear side (b) in the official log-book (c) (if any), and shall produce the record to any chief officer of customs (y) whenever required by him, and if he fails (d) without reasonable cause to produce the record shall for each offence be liable to a fine not exceeding twenty pounds (e). (4.) The master (y) of a sea-going (a) ship (y) shall, upon the request of any person appointed to record the ship's draught of water, permit that person to enter the ship and to make such inspections and take such measurements as may be requisite for the purpose of the record; and if any master (y) fails (d) to do so, or impedes, or suffers any one under his control to impede, any person so appointed in the execution of his duty, he shall for each offence be liable to a fine not exceeding five pounds (e). (5.) In this section the expression "clear side" means the height from the water to the upper side of the plank of the deck from which the depth of hold as stated in the register is measured (f), and the measurement of the clear side is to be taken at the lowest part of the side. of deck 437.-(1.) Every British (2) ship (y) (except ships under Marking eighty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts, and 39 & 40 ships employed exclusively in trading or going from place to ss. 25, 44. Vict. c. 80, 53 Vict. c. 9, s. 5. |