ment (e), are to be received in evidence and taken without further Part II. proof, unless the contrary be shown, for such documents as they purport to be (ƒ). All consular officers, officers of customs abroad, local marine boards, and superintendents of mercantile marine offices (g), are to make such reports and returns, and all superintendents of mercantile marine offices are to produce to the board such official log-books and other documents delivered to them in pursuance of this Act, as the board may require (h). Every officer of the board (¿), if he has reason to suspect that the provisions of the laws relating to merchant seamen and navigation have not been complied with, may require the owner, master, or any of the crew of any British ship, to produce any official log-books, lists of persons on board his ship, or other documents relating to such crew, and take copies of them. He may muster the crew of any ship, and summon the master to appear and give any explanation concerning such ship or her crew, or such log-books and documents. Any person who refuses to obey such requisition, or impedes such master, or refuses or misleads any person authorized to demand such explanation, is liable to a penalty of 201. (k). The board is also empowered from time to time to appoint inspectors to report to it on the nature and causes of any accident or damages which any ship has or is alleged to have sustained; whether the provisions of the Act, or regulations made under them, have been observed; and whether the hull and machinery of any steamship are in good and sufficient order (7). The inspectors so appointed are empowered to go on board and inspect every part of such ship, and everything contained in or connected with it, to which the Act applies; and any premises which he may think requisite to enter, for the purpose of the report he is to make. He may summon before him all persons whom he may think fit to examine, require answers or returns to any inquiries he thinks fit to make, and enforce the production of all books, papers, or documents, which he considers important for his purpose. He may administer oaths, or require every person examined before him to make and subscribe a declaration of the truth of the statements made by him in his examination (m). Witnesses summoned before him are to be allowed their expenses; and all persons who, after tender of such expenses, refuse to attend, or to make any answer, or give any return, or produce any documents, or make or subscribe any declarations which such inspector is empowered to require, is Part II. liable to a penalty of 107. (a). The like penalty is incurred by any person who obstructs an inspector in the execution of his duty, who is empowered to seize and detain such person until he can be taken before some justice of the peace, or other person having proper jurisdiction (b). As to the power of the Board of Trade to detain unseaworthy ships, see 39 & 40 Vict. c. 80. As to the powers of the Board of Trade under the Passengers Acts, see post, part III., ch. 8. 2. Local Marine Boards. By the Mercantile Marine Act, 13 & 14 Vict. c. 93, and the Mercantile Marine Amendment Act, 14 & 15 Vict. c. 96, the Board of Trade was authorized to establish local marine boards at such of the seaports of the United Kingdom as had in ships ordinarily employed as foreign-going ships (that is to say, ships employed in trading or going beyond the limits of the coasts of the United Kingdom, the Channel Islands, or the Isle of Man, and the continent of Europe between the rivers Elbe and Brest, both inclusive), a registered tonnage of 30,000 tons or upwards; and at such other places as it might appoint for that purpose. These Acts have been repealed, but the system thus established is continued by the 17 & 18 Vict. c. 104 (c). The marine boards are to be constituted partly of certain local officers who are members ex officio, partly of members appointed by the Board of Trade, and partly of members elected by the owners of foreign-going ships and home-trade passenger ships at such seaports. An important part of their duties, relating to the qualifications of masters and mariners, will be discussed in the next chapter. They were required, also, in every seaport in which there is a local marine board, to establish shipping offices and superintendents of them, to be called shipping masters, over whom they were to have complete control, subject to the general superintendence of the Board of Trade (d). These offices are, under the M. S. Act Amendment Act, 1862, 25 & 26 Vict. c. 63, s. 15, to be termed "Mercantile Marine Offices," and the officers termed shipping masters and deputy shipping masters are to be termed "Superintendents and Deputy Superintendents" of such offices. (a) Sect. 15. (c) Sect. 110. And see 36 & 37 Vict. c. 85, s. 10. (d) Sect. 122. 3. Duties of Mercantile Marine Offices (e). The general business of the superintendents of mercantile marine offices so appointed is to afford facilities for engaging seamen, by keeping registries of their names and characters; to superintend and facilitate their engagement and discharge; provide means for securing their presence on board at the proper time; to facilitate the making of apprenticeships (f) to the sea service, and perform such other duties relating to merchant seamen and merchant ships as will appear in other parts of this Treatise to be committed to them by the Act of Parliament (g). Persons appointed by the board are to be deemed clerks or servants within 25 Vict. c. 96, and may be guilty of embezzlement, and punished accordingly. 4. Naval Courts. As to naval courts on the high seas and abroad-and as to the power of such courts to supersede the master, to discharge seamen, to decide disputes as to wages, &c., see ss. 260-266; 18 & 19 Vict. c. 91, s. 18; 34 & 35 Vict. c. 110, s. 8. Part II. Part III. PART THE THIRD. OF THE PERSONS EMPLOYED IN THE NAVIGATION OF MERCHANT SHIPS. CHAPTER I. SECT. 1. Of the Qualifications of the Master and Mates, p. 76. 2. Of Engineers, p. 80. 3. Of Mariners, p. 81. 1. Of the Qualifications of the Masters and Mates. [THE master of a ship is the person entrusted with the care and management of it. His power and authority are so great, and the trust reposed in him is of so important a nature, that the greatest care and circumspection ought to be used by the owners in the choice and appointment (a) of him. It appears, by the language of the ancient sea-laws and ordinances, that the master was formerly in almost every instance a part-owner of the ship, and consequently interested in a twofold character in the faithful discharge of his duty. At present, it frequently happens that he has no property in the ship. The law of some countries requires a previous examination of the person to be appointed to this important office, in order to ascertain his nautical experience and skill; in other countries, he is liable to be punished as a criminal if, having undertaken the charge, he is found incompetent to the performance of it (b). In this country the owners] (a) The owner appoints the master; where there are several owners the right to appoint is in the majority in interest. (Molloy, b. 2. c. 1, s. 4.) If the master die, desert, or become otherwise incompetent to discharge his duties during the voyage, the chief mate succeeds him in his command, and becomes master. (Hanson v. Royden, 37 L. J. C. P. 66; L. R. 3, C. P. 49; the Tecumseh, 3 W. Rob. 146; Renno v. Bennett, 3 Q. B. 768.) In cases of necessity at a foreign port, in the absence of the owner, a master may be appointed or another one substituted in the place of the master appointed by the owner. By whom such appointment should be made must depend upon circumstances. (STORY on Agency, 36,120; the Cynthia, 16 Jur.748; Stokes v. Carne, 2 Camp. 339; the Tartar, 1 Hagg. 3; the Zodiac, 1 Hagg. 120.) It may, under circumstances, be made by the agent of the owner (the Kennersley Castle, 3 Hagg. 1), or by the consignees of the cargo, &c. (The Alexander, I Dods. 278; the Rubicon, 3 Hagg. 9.) As to the power of a naval court to supersede the master and appoint a new one, and as to such a power being vested in any court having Admi ralty jurisdiction in any of H. M.'s dominions, see ss. 240, 263. (b) By the French Ordinance, liv. 2, tit. 1, art. 1, "Aucun ne pourra çi-après être réçu capitaine maitre ou patron de navire, qu'il n'ait navigué pendant cinq ans, et n'ait été examiné publiquement sur le fait de la navigation, et trouvé capable par deux an [are (c) left to their own discretion as to the skill and honesty of the master; and although he is bound to make good any damage that may happen to the ship or cargo, by his negligence or unskilfuluess, if he is of ability to do so, yet he cannot be punished as a criminal for mere incompetence.] It seems that it is not now necessary that the master of a British ship should be a British subject. Chap. 1. mates. By the Merchant Shipping Act, 1854, the Local Marine Boards Examinations are required to provide for the examination at their respective ports of masters and of persons who intend to become masters or mates of foreign-going (d) or home-trade passenger ships (d), or who wish to procure certificates of their competency, and may appoint, remove, and re-appoint examiners to conduct such examinations and otherwise regulate them (e). Rules may be laid down, as to the conduct of such examinations and the qualification of the applicants, by the Board of Trade, and no examiner is to be appointed unless he possesses a certificate of qualification, granted by it (f). The Board of Trade may depute any of its officers to assist at such examinations, and when they have been passed satisfactorily, and the applicant has given evidence of his sobriety, experience, ability, and general good conduct on ship-board, the Board of Trade may, upon a report from the local examiners, deliver to him a certificate of competency, to act as first, second, or only mate of a foreign-going ship (d), or master or mate of a home-trade passenger ship (g). If the Board of Trade has reason to believe such report to have been unduly made, it may remit the case either to the same or to any other examiners, and require a re-examination of the applicant, or a further inquiry into his testimonials and character, before granting him a certificate (h). Certificates of service, differing in form from certificates of com- Certificates of petency, are to be granted by the Board of Trade to persons who service. prove themselves entitled thereto, under the following regulations (i). ciens maitres en présence des officiers de l'Amirauté, et du professeur d'hydrographie, s'il y en a dans le lieu;" upon which Valin remarks, "L'inconvénient est néanmoins que des sujets très capables et à qui il ne manque que la formalité de la reception, perdent quelquefois l'avantage de commander des navires à l'occasion, par la misérable avarice ou par le caprice, de certains officiers de l'Amirauté qui ne sont pas d'humeur d'accorder ces sortes de démissoires." Cleirac, in his “Jugemens d'Oleron," ch. i., says, that the title of the master of a ship implies honour, experience, and morals, "reverendum honorem sumit quisquis magistri nomen acceperit." The ordinances of the Hanse Towns, of Bilboa, of Prussia, and Sweden, have all required the master to be previously examined, and certified, to be fit by experience, competence, and character.-Mr. Justice Shee, (c) 5th ed. [TENTERDEN]. But see now (d) What this term includes, see s. 2 (g) Sect. 134. By the Merchant Shipping (i) Sect. 135. |