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.

Application.

Application of
Part IV. of

Act.

Boats for Seagoing Ships.

Rules as to

PART IV.

SAFETY AND PREVENTION OF ACCIDENTS.

Application.

291. The fourth part of this act shall apply to all British ships; and all foreign steam ships carrying passengers between places in the United 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.

292. The following rules shall be observed with respect to boats and boats and life life buoys; (that is to say,) buoys.

15 & 16 Vict. c. 44, s. 10.

Penalties on masters and owners, &c. neglecting to provide boats 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 herein before 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, “1852" (i).

293. In any of the following cases, (that is to say,)

(1.) If any ship hereinbefore required to be provided with boats or life
buoys proceeds to sea without being so provided therewith, or if
any of such boats or life buoys are lost or rendered unfit for service
in the course of the voyage through the wilful fault or negligence
of the owner or master; or,

(2.) If, in case of any of such boats or life buoys being accidentally lost
or injured in the course of the voyage, the master wilfully neglects
to replace or repair the same on the first opportunity; or,
(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 (i).

(i) See section 15 of the M. S. Act, 1873.

294. No officer of customs shall grant a clearance or transire for any Officers of cusship herein before 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
use of such fog signals, by such classes of ships, whether steam or sail-
ing ships, within such places and under such circumstances as they
think fit, and may from time to time revoke, alter, or vary the same:
(3.) All regulations made in pursuance of this section shall be published in
the London Gazette, and shall come into operation on a day to be
named in the Gazette in which they are published, and the Admiralty
shall cause all such regulations to be printed, and shall furnish a copy
thereof to the owner or master of a ship who applies for the same, and
production of the Gazette containing such regulations shall be sufficient
evidence of the due making and purport thereof:

(4.) All owners and masters shall be bound to take notice of the same, and
shall, so long as the same continue in force, exhibit such lights, and use
such fog signals, at such times, within such places, in such manner and
under such circumstances as are enjoined by such regulations, and shall
not exhibit any other lights or use any other fog signals; and in case
of default the master, or the owner of the ship, if it appears that he
was in fault, shall for each occasion upon which such regulations are
infringed incur a penalty not exceeding twenty pounds (u).

toms not to clear ships not complying with the above provisions. Rules as to Lights, Meeting and Passing.

Regulations as

to lights and fog signals.

296. Whenever any ship, whether a steam or sailing ship, proceeding in Rule as to one direction, meets another ship, whether a steam or sailing ship, proceeding ships meeting in another direction, so that if both ships were to continue their respective each other. 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, 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 (u).

297. Every steam ship, when navigating any narrow channel, shall, whenever it is safe and practicable, keep to that side of the fair-way or midchannel which lies on the starboard side of such steam-ship (v).

Rule for steamers in narrow channels.

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 ensues from rule for the exhibition of lights or the use of fog signals issued in pursuance breach of the of the powers herein before contained, or of the foregoing rule as to the passing above rules, of steam and sailing ships, or of the foregoing rule as to a steam ship keeping be entitled to to that side of a narrow channel which lies on the starboard side, the owner of recover. the ship by which such rule has been infringed shall not be entitled to recover

(u) This section is repealed, M. S. Act, 1862, s. 2. See also the M. S. Act, 1862, ss. 25, 26 and 27.

APPDX.

(v) This section is repealed, M. S. Act, 1862, s. 2. See the Mersey Channels Act, 1874 (37 & 38 Vict. c. 52), s. 1.

4 H

owner not to

Breaches of such rules to

imply wilful default.

Build and Equipment of Steam Ships.

Iron steamers to be divided by water-tight partitions.

toms not to

grant certificates except, &c.

any recompense 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 (v).

299. In case any damage to person or property arises from the non-observance by any ship of any of the said rules, such damage shall be deemed to 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 satisfaction of the Court that the circumstances of the case made a departure from the rule necessary (w).

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 hun-
dred 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:

Officers of cus- 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 so divided or fitted plies or goes to sea without being so divided or fitted, the owner shall incur a penalty not exceeding one hundred pounds (v).

Equipment of steam ships. Safety valve.

Compasses to be adjusted.

Fire hose.

301. Steam ships shall be provided as follows; (that is say,)
(1.) Every steam ship of which a survey is hereby required shall be pro-
vided with a safety valve upon each boiler, so constructed as to be
out of the control of the engineer when the steam is up, and, if such
valve is in addition to the ordinary valve, it shall be so constructed
as to have an area not less and a pressure not greater than the area
of and pressure on that valve:
(2.) Every sea-going steam ship employed to carry passengers shall
have her compasses properly adjusted from time to time; such ad-
justment, in the case of ships surveyed as hereinafter mentioned, to
be made to the satisfaction of the shipwright surveyor, and accord-
ing to such regulations as may be issued by the Board of Trade:
(3.) Every sea-going steam ship (unless used solely as a steam tug) shall
be provided with a hose adapted for the purpose of extinguishing

(v) This section is repealed by the M. S. Act, 1862, s. 2.

(w) This section is repealed by the

M. S. Act, 1862, s. 2; and see the
M. S. Act, 1862, s. 28, and the M. S.
Act, 1873, s. 17.

fire in any part of the ship, and capable of being connected with the engines of the ship: (4.) Every sea-going steam ship employed to carry passengers shall be pro- Signals. vided with the following means of making signals of distress; (that is to say,) twelve blue lights or twelve port fires, and one cannon with ammunition for at least twelve charges, or, in the discretion of the master or owner of such ship, with such other means of making signals (if any) as may have previously been approved by the Board of Trade (x):

(5.) Every home trade steam ship employed to carry passengers (y) by Shelter for sea shall be provided with such shelter for the protection of deck pas- deck passengers (if any) as the Board of Trade, having regard to the nature sengers. of the passage, the number of deck passengers to be carried, the season of the year, the safety of the ship and the circumstances of the case may require:

And if any steam ship as aforesaid plies or goes to sea from any port in the United Kingdom without being so provided as herein before required, then for each default in any of the above requisites the owner shall (if he appears to be in fault) incur a penalty not exceeding one hundred pounds, and the master shall (if he appears to be in fault) incur a penalty not exceeding fifty pounds.

302. If any person places an undue weight on the safety valve of any Penalty for steam ship, or, in the case of steam ships surveyed as hereinafter men- improper tioned, increases such weight beyond the limits fixed by such engineer weight on surveyor as hereinafter mentioned, he shall, in addition to any other safety valve. liabilities he may incur by so doing, incur a penalty not exceeding one hundred pounds.

Survey of Passenger Steamers.

303. For the purpose of the enactments herein contained with respect to surveys and certificates of passenger steam ships, the word "passengers shall be held to include any persons carried in a steam ship, other than the master and crew and the owner, his family and servants; and the expression "passenger steamer" shall be held to include every British steam ship carrying passengers to, from, or between any place or places in the United Kingdom, excepting steam ferry boats working in chains, commonly called steam bridges.

Survey of Passenger Steamers.

Definition of

passenger

steamer.

304. Every passenger steamer shall be surveyed twice at the least in each Passenger year in manner hereinafter mentioned (z).

steamers to be surveyed.

305. The Board of Trade may from time to time appoint such number Board of Trade of fit and proper persons to be shipwright surveyors and engineer surveyors to appoint surfor the purposes of this act at such ports or places as it thinks proper, and veyors, and fix their remunemay also appoint a surveyor general for the United Kingdom, and may tan. from time to time remove such surveyors or any of them, and may from time to time fix and alter the rates of remuneration to be received by such surveyors (a).

306. It shall be lawful for the said surveyors in the execution of their Surveyors to duties to go on board any steam ship at all reasonable times, and to inspect have power to the same or any part thereof, or any of the machinery, boats, equipments

inspect.

Board of Trade to regulate mode of making surveys.

Penalty on surveyors receiving fees unlawfully.

Owners to have surveys made

by shipwright and engineer surveyors, and

surveyors to

give declarations.

or articles on board thereof, or any certificates of the master or mate to which the provisions of this act or any of the regulations to be made by virtue thereof apply, not unnecessarily detaining or delaying the ship from proceeding on any voyage, and, if in consequence of any accident to any such ship or for any other reason they consider it necessary so to do, to require the ship to be taken into dock for the purpose of surveying the hull thereof; and any person who hinders any such surveyor from going on board any such steamship, or otherwise impedes him in the execution of his duty under this act, shall incur a penalty not exceeding five pounds.

307. The said surveyors shall execute their duties under the direction of the Board of Trade, and such Board shall make regulations as to the manner in which the surveys hereinafter mentioned shall be made, and as to the notice to be given to the surveyors when surveys are required, and as to the amount and payment of any travelling or other expenses incurred by such surveyors in the execution of their duties, and may thereby determine the persons by whom and the conditions under which such payment shall be made.

308. Every surveyor who demands or receives directly or indirectly from the owner or master of any ship surveyed by him under the provisions of this act any fee or remuneration whatsoever for or in respect of such survey, otherwise than as the officer and by the direction of the Board of Trade, shall incur a penalty not exceeding fifty pounds (b).

309. The owner of every passenger steamer (c) shall cause the same to be surveyed at the times (d) hereinafter directed by one of the said shipwright surveyors and by one of the said engineer surveyors so appointed as aforesaid; such shipwright surveyor being, in the case of iron steamers, a person who is in the judgment of the Board of Trade properly qualified to survey such ships; and such surveyors shall thereupon, if satisfied that they can with propriety do so, give to such owner declarations as follows: The declaration of the shipwright surveyor shall contain statements of the following particulars; (that is to say,)

(1.) That the hull of the ship is sufficient for the service intended and in good condition:

(2.) That the partitions, boats, life buoys, lights, signals, compasses and shelter for deck passengers, and the certificates of the master and mate or mates, are such and in such condition as required by this act : (3.) The time (if less than six months) for which the said hull and equipments will be sufficient:

(4.) The limits (if any) beyond which, as regards the hull and equipments, the ship is in the surveyor's judgment not fit to ply:

(5.) The number of passengers (e) which the ship is in the judgment of the surveyor fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins; such numbers to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried, or other circumstances, as the case requires:

And the declaration of the engineer surveyor shall contain statements of the following particulars; (that is to say,) (f)

(1.) That the machinery of the ship is sufficient for the service intended, and in good condition :

(2.) The time (if less than six months) for which such machinery will be

sufficient:

(3.) That the safety valves and fire hose are such and in such condition as are required by this act:

(b) See the M. S. Act, 1876, s. 39, and Sched. III.

(c) See sect. 303, and the M. S. Act, 1876, ss. 16-19.

(d) See the M. S. Act, 1872, s. 8. (e) Sect. 303.

(f) See the M. S. Act, 1862, s. 12.