owner, either be kept distinct from the ordinary ship's log or united therewith, so that in all cases all the blanks in the official log be duly filled up. made in due time. 281. Every entry in every official log shall be made as soon as possible Entries to he after the occurrence to which it relates, and if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence and of the entry respecting it; and in no case shall any entry therein in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge be made more than twenty-four hours after such arrival. 282. Every master of a ship for which an official log book is hereby re- Entries required quired shall make or cause to be made therein entries of the following in official log. matters (that is to say,) (1.) Every legal conviction of any member of his crew, and the punish- Convictions. ment inflicted: (2.) Every offence committed by any member of his crew for which it is Offences. (3.) Every offence for which punishment is inflicted on board, and the Punishments. punishment inflicted: (4.) A statement of the conduct, character and qualifications of each of Conduct, &c. of his crew, or a statement that he declines to give an opinion on such crew. particulars : (5.) Every case of illness or injury happening to any member of the Illnesses and crew, with the nature thereof, and the medical treatment adopted injuries. (if any): (6.) Every case of death happening on board, and of the cause thereof: Deaths. (7.) Every birth happening on board, with the sex of the infant and the Births. names of the parents : (8.) Every marriage taking place on board, with the names and ages of Marriages. the parties: (9.) The name of every seaman or apprentice who ceases to be a member Quitting ship. (10.) The amount of wages due to any seaman who enters her Majesty's Wages of men entering navy. Wages of deceased seamen. men's effects. (12.) The sale of the effects of any seaman or apprentice who dies during Sale of deceased the voyage, including a statement of each article sold, and of the sum received for it: (13.) Every collision with any other ship, and the circumstances under Collisions. which the same occurred. signed. 283. The entries hereby required to be made in official log books shall Entries how to be be signed as follows; (that is to say,) every such entry shall be signed by the master and by the mate or some other of the crew, and every entry of illness, injury, or death shall be also signed by the surgeon or medical practitioner on board (if any); and every entry of wages due to or of the sale of the effects of any seaman or apprentice who dies shall be signed by the master and by the mate and some other member of the crew; and every entry of wages due to any seaman who enters her Majesty's service shall be signed by the master, and by the seaman or by the officer authorized to receive the seaman into such service. Entries in official logs to be received in evidence. Official logs to be ping master. 284. The following offences in respect of official log books shall be punishable as hereinafter mentioned; (that is to say,) (1.) If in any case an official log book is not kept in the manner hereby required, or if any entry hereby directed to be made in any such log book is not made at the time and in the manner hereby directed, the master shall for each such offence incur the specific penalty herein mentioned in respect thereof, or where there is no such specific penalty, a penalty not exceeding five pounds: (2.) Every person who makes or procures to be made or assists in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival, shall for each such offence incur a penalty not exceeding thirty pounds: (3.) Every person who wilfully destroys or mutilates or renders illegible any entry in any official log book, or who wilfully makes or procures to be made or assists in making any false or fraudulent entry or omission in any such log book, shall for each such offence be deemed guilty of a misdemeanor. 285. All entries made in any official log book as hereinbefore directed shall be received in evidence in any proceeding in any Court of justice, subject to all just exceptions. 286. In the case of foreign-going ships the master shall, within fortydelivered to ship- eight hours after the ship's arrival at her final port of destination in the United Kingdom, or upon the discharge of the crew, whichever first happens, deliver to the shipping master before whom the crew is discharged the official log book of the voyage; and the master or owner of every home trade ship, not exclusively employed in trading between ports on the coasts in the United Kingdom, shall within twenty-one days after the thirtieth day of June and the thirty-first day of December in every year transmit or deliver to some shipping master in the United Kingdom the official log book for the preceding half-year; and every master or owner who refuses or neglects to deliver his official log book as hereby required shall be subject to the same consequences and liabilities to which he is hereby made subject for the non-delivery of the list of his crew hereinbefore mentioned. of transfer of ship, and in case of loss. Official logs to be 287. If any ship ceases by reason of transfer of ownership or change of sent home in case employment to fall within the definition of a foreign-going or of a home trade ship, the master or owner thereof shall if such ship is then in the United Kingdom, within one month, and if she is elsewhere, within six months, deliver or transmit to the shipping master at the port to which the ship belonged the official log book (if any) duly made out to the time at which she ceased to be a foreign-going or home trade ship, and in default shall for each offence incur a penalty not exceeding ten pounds; and if any ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the shipping master at the port to which the ship belonged the official log book (if any) duly made out to the time of such loss or abandonment, and in default shall for each offence incur a penalty not exceeding ten pounds. East Indies and Provisions of act, own ships, may throughout the empire. East Indies and Colonies. 288. If the governor general of India in council, or the respective legislative authorities in any British possession abroad, by any acts, ordinances or other appropriate legal means, apply or adapt any of the provisions in the third part of this act contained to any British ships registered at, trading with, or being at any place within their respective jurisdictions, and to the owners, masters, mates and crews thereof, such provisions, when so applied and adapted as aforesaid, and as long as they remain in force, shall in respect of the ships and persons to which the same are applied be enforced, and penalties and punishments for the breach thereof shall be recovered and inflicted, throughout her Majesty's dominions, in the same manner as if such provisions had been hereby so adopted and applied, and such penalties and punishments had been hereby expressly imposed. 289. Every act, ordinance, or other form of law to be passed or promulgated by the governor general of India in council, or by any other legislative authority, in pursuance of this act, shall respectively be subject to the same right of disallowance or repeal, and require the same sanction or other acts and formalities, and be subject to the same conditions in all respects, as exist and are required in order to the validity of any other act, ordinance or other form of law passed by such governor general in council or other legislative authority respectively. East Indian and Colonial acts to allowance, and require sanction as in other cases. be subject to dis 290. If in any matter relating to any ship or to any person belonging Conflict of laws. to any ship there appears to be a conflict of laws, then, if there is in the third part of this act any provision on the subject which is hereby expressly made to extend to such ship, the case shall be governed by such provision, and if there is no such provision the case shall be governed by the law of the place in which such ship is registered. PART IV. SAFETY AND PREVENTION OF ACCIDENTS. Application. Application. 291. The fourth part of this act shall apply to all British ships; and all Application of foreign steam ships carrying passengers between places in the United Part IV. of Act. Kingdom shall be subject to all the provisions contained in the fourth part of this act, and likewise to the same provisions with respect to the certificates of the masters and mates thereof, to which British steam ships are subject. Boats for Sea-going Ships. Boats for Seagoing Ships. 292. The following rules shall be observed with respect to boats and Rules as to boats life buoys; (that is to say,) and life buoys. (1.) No decked ship (except ships used solely as steam tugs and ships engaged in the whale fishery) shall proceed to sea from any place in the United Kingdom, unless she is provided, according to her tonnage, with boats duly supplied with all requisites for use, and not being fewer in number nor less in their cubic contents than the boats the number and cubic contents of which are specified in the table marked S. in the schedule hereto for the class to which such ship belongs: (2.) No ship carrying more than ten passengers shall proceed to sea from any place in the United Kingdom, unless, in addition to the boats hereinbefore required, she is also provided with a life boat furnished with all requisites for use, or unless one of her boats hereinbefore required is rendered buoyant after the manner of a life boat: (3.) No such ship as last aforesaid shall proceed to sea unless she is also provided with two life buoys: And such boats and life buoys shall be kept so as to be at all times fit and ready for use provided, that the enactments with respect to boats and life buoys herein contained shall not apply in any case in which a certificate has been duly obtained under the tenth section of the " Passengers Act, 15 & 16 Vict. c. 44, "1852." s. 10. Penalties on masters and owners, &c. neglecting to provide boats and life buoys. Officers of cus toms not to clear ships not complying with the above provisions. Rules as to Lights, Regulations as to lights and fog signals. Rule as to ships meeting each other. 293. In any of the following cases, (that is to say.) (2.) If, in case of any of such boats or life buoys being accidentally lost (3.) If such boats and life buoys are not kept so as to be at all times fit and ready for use: Then if the owner appears to be in fault he shall incur a penalty not exceeding one hundred pounds, and if the master appears to be in fault he shall incur a penalty not exceeding fifty pounds. 294. No officer of customs shall grant a clearance or transire for any ship hereinbefore required to be provided with boats or with life buoys unless the same is duly so provided; and if any such ship attempts to go to sea without such clearance or transire any such officer may detain her until she is so provided. Lights and Fog Signals, and Meeting and Passing. 295. The following rules shall be observed with regard to lights and fog signals; (that is to say,) (1.) The Admiralty shall from time to time make regulations requiring the exhibition of such lights, by such classes of ships, whether steam or sailing ships, within such places and under such circumstances as they think fit, and may from time to time revoke, alter or vary the same: (2.) The Admiralty may, if they think fit, make regulations requiring the (4.) All owners and masters shall be bound to take notice of the same, and 296. Whenever any ship, whether a steam or sailing ship, proceeding in one direction, meets another ship, whether a steam or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve any risk of a collision, the helms of both ships shall be put to port so as to pass on the port side of each other; and this rule shall be obeyed by all steam ships and by all sailing ships whether on the port or starboard tack, and whether close-hauled or not, (a) This section is repealed. See the M. S. Act Amendment Act, 1862, s. 2, and Sched., Table (A). unless the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to the proviso that due regard shall be had to the dangers of navigation, and, as regards sailing ships on the starboard tack close-hauled, to the keeping such ships under command (a). 297. Every steam ship, when navigating any narrow channel, shall, when- Rule for steamers ever it is safe and practicable, keep to that side of the fair-way or mid-channel in narrow chanwhich lies on the starboard side of such steam ship (a). nels. ensues from entitled to re 298. If in any case of collision it appears to the Court before which the If collision case is tried that such collision was occasioned by the non-observance of any breach of the rule for the exhibition of lights or the use of fog signals issued in pursuance above rules, of the powers herein before contained, or of the foregoing rule as to the passing owner not to be of steam and sailing ships, or of the foregoing rule as to a steam ship keeping cover. to that side of a narrow channel which lies on the starboard side, the owner of the ship by which such rule has been infringed shall not be entitled to recover any recompence whatever for any damage sustained by such ship in such collision, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the rule necessary (a). wilful default. 299. In case any damage to person or property arises fron the non-observ- Breaches of such ance by any ship of any of the said rules, such damage shall be deemed to rules to imply have been occasioned by the wilful default of the person in charge of the deck of such ship at the time, unless it is shown to the satisfactian of the Court that the circumstances of the case made a departure from the rule necessary (a). Build and Equipment of Steam Ships. 300. The following rules shall be observed with respect to the build of iron steam ships; (that is to say,) (1.) Every steam ship built of iron, of one hundred tons or upwards, the building of which commenced after the twenty-eighth day of August, one thousand eight hundred and forty-six, and every steam ship built of iron of less burden than one hundred tons, the building of which commenced after the seventh day of August, one thousand eight hundred and fifty-one (except ships used solely as steam tugs), shall be divided by substantial transverse water-tight partitions, so that the fore part of the ship shall be separated from the engine room by one of such partitions, and so that the after part of such ship shall be separated from the engine room by another of such partitions: (2.) Every steam ship built of iron, the building of which commences after the passing of this act, shall be divided by such partitions as aforesaid into not less than three equal parts, or as nearly so as circumstances permit: (3.) In such last-mentioned ships each such partition as aforesaid shall be of equal strength with the side plates of the ship with which it is in contact: (4.) Every screw steam ship built of iron, the building of which commences after the passing of this act, shall, in addition to the above partitions, be fitted with a small water-tight compartment inclosing the afterextremity of the shaft: And no officer of customs or other person shall grant a clearance or transire for any iron steam ship required to be divided or fitted as aforesaid, unless the same is so divided and fitted; and if any such ship attempts to ply or go to sea without such clearance or transire, any such officer may detain her until she is so divided and fitted; and if any steam ship hereinbefore required to be (a) This section is repealed. See the M. S. Act Amendment Act, 1862, s. 2, and Sched., Table (A). Build and Equipment of Steam Ships. Iron steamers to be divided by water-tight partitions. Officers of customs not to grant cept so divided. certificates ex |