purpose to record, in such manner and with such particulars as the Board of Trade direct, the draught of water (q) of any sea-going ship, as shown on the scale of feet on her stem and on her stern post, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea; and such person shall thereupon keep such record, and shall from time to time forward the same, or a copy thereof, to the Board of Trade; and such record, or any copy thereof, if produced by or out of the custody of the Board of Trade, shall be admissible in evidence of the draught of water of the ship at the time specified in the record. The master of every British sea-going ship shall, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, record her draught of water in the official log-book (r) (if any), and shall produce such record to any principal officer of customs whenever required by him so to do, or in default of such production shall incur a penalty not exceeding twenty pounds. 6. With respect to the names of British ships, the following rules shall be observed: (1.) A ship shall not be described by any name other than that by which she is for the time being registered: (2.) No change shall be made in the name of a ship without the previous permission of the Board of Trade signified in writing under their seal, or under the hand of one of their secretaries or assistant secretaries. Upon such permission being granted, the ship's name shall forthwith be altered in the register book, in the ship's certificate of registry, and on her bows and stern (s): (3.) If in any case it is shown to the satisfaction of the Board of Trade that the name of any ship has been changed without such permission as aforesaid, they shall direct that her name be altered into that which she bore before such change, and the name shall be altered in the register book, in the ship's certificate of registry, and on her bows and stern accordingly: (4.) Where a ship having once been registered has ceased to be so registered no person, unless ignorant of such previous registry (proof whereof shall lie on him), shall apply to register, and no registrar shall knowingly register, such ship, except by the name by which she was previously registered, unless with the permission of the Board of Trade granted as aforesaid. Every person who acts or suffers any person under his control to act in contravention of this section, or who omits to do, or suffers any person under his control to omit to do, anything required by this section, shall for each offence incur a penalty not exceeding one hundred pounds, and any principal officer of customs may detain the ship until the provisions of this section are complied with. Application for a change of name shall be made in writing to the Board of Trade. If the Board are of opinion that the application is made on reasonable grounds they may entertain the same, and shall thereupon require notice thereof to be published in such form and manner as they think fit (t). Masters and Seamen (Part III. of Merchant Shipping Act, 1854). Rules to be observed in naming of ships. be unsea 7. Whenever in any proceeding against any seaman or apprentice Survey of belonging to any ship for desertion, or for neglecting or refusing to join ships alleged or to proceed to sea in his ship, or for being absent from or quitting the by seamen to same without leave, it is alleged by one fourth of the seamen belonging worthy. to such ship, or, if the number of such seamen exceed twenty, by not less than five such seamen, that such ship is by reason of unseaworthiness, overloading, improper loading, defective equipment, or for any other (9) See the M. S. Act, 1873, s. 4. (r) See post, " Forms," No. 43. (s) See the M. S. Act, 1873, s. 3. Power for direct survey reason, not in a fit condition to proceed to sea, or that the accommodation in such ship is insufficient, the Court having cognizance of the case shall take such means as may be in their power to satisfy themselves concerning the truth or untruth of such allegation, and shall for that purpose receive the evidence of the person or persons making the same, and shall have power to summon any other witnesses whose evidence they may think it desirable to hear; the Court shall thereupon, if satisfied that the allegation is groundless, proceed to adjudicate, but if not so satisfied shall cause such ship to be surveyed (u). Provided that no seaman or apprentice charged with desertion, or with quitting his ship without leave, shall have any right to apply for a survey under this section unless previously to his quitting his ship he has complained to the master of the circumstances so alleged in justification (x). For the purposes of this section, the Court shall require any of the surveyors appointed by the Board of Trade, under the Merchant Shipping Act, 1854, or any person appointed for the purpose by the Board of Trade, or, if such surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the Court, competent to deal with the special circumstances of the case, then any other impartial surveyor appointed by the Court, and having no interest in the ship, her freight, or cargo, to survey (y) the ship, and to answer any question concerning her which the Court may think fit to put. Such surveyor or other person shall survey the ship, and make his report in writing to the Court, including an answer to every question put to him by the Court. The Court shall cause such report to be communicated to the parties, and unless it is proved to the satisfaction of the Court that the opinions expressed in such report are erroneous, the Court shall determine the questions before them in accordance with those opinions. For the purposes of such survey, a surveyor shall have all the powers of an inspector appointed by the Board of Trade, under the Merchant Shipping Act, 1854 (z). The costs (if any) of the survey shall be determined by the Board of Trade according to a scale of fees to be fixed by them, and shall be paid in the first instance out of the Mercantile Marine Fund (a). If it is proved to the satisfaction of the Court that the ship is in a fit condition to proceed to sea, or, as the case may be, that the accommodation is sufficient, the costs of the survey shall be paid by the person or persons upon whose demand, or in consequence of whose allegation, the survey was made, and may be deducted by the master or owner out of the wages due or to become due to such person or persons, and shall be paid over to the Board of Trade. If it is proved that the ship is not in a fit condition to proceed to sea, or, as the case may be, that the accommodation is insufficient, the costs of the survey shall be paid to the Board of Trade by the master or owner (b). 8. Any naval court may, if they think fit, direct a survey of any ship naval courts to which is the subject of an investigation held before them, and such survey shall be made in the same way, and the surveyor who makes the same shall have the same powers as if the survey had been directed by a competent Court in the course of proceedings against a seaman or apprentice for desertion or a kindred offence. of ships. 13. (u) See the M. S. Act, 1876, ss. 6— (x) Ib. ss. 4, 5. (y) See the M. S. Act, 1872, s. 13. the M. S. Act, 1876, s. 39; and post, "General Table of Fees charged under the authority of the Board of Trade." (b) See the M. S. Act, 1873, s. 9, and the M. S. Act, 1876, s. 11. Safety (Part IV. of Merchant Shipping Act, 1854). [Section 9 is repealed by the Merchant Shipping Act, 1873, s. 33 (c).] 12. On and after the first day of January, one thousand eight hundred Repeal of cerand seventy-two, the twenty-fifth and thirty-fourth sections of the Mer- tain sections of chant Shipping Act, 1854, and the thirteenth section of the Merchant 17 & 18 Vict. Shipping Act Amendment Act, 1855, shall be repealed. c. 104, and 35 & 36 VICT. c. 73. An Act to amend the Merchant Shipping Acts and the Passenger [10th August, 1872.] Acts. WHEREAS it is expedient to amend the Merchant Shipping Acts and the Passengers Acts: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This act may be cited as "The Merchant Shipping Act, 1872." Short title. 2. This act shall come into operation on the first day of January one Commencethousand eight hundred and seventy-three. Measurement of Ships. ment of act. duties of Com 3. The twenty-third, twenty-seventh, twenty-eighth, and twenty- Transfer to ninth sections of the Merchant Shipping Act, 1854, the fourteenth section of the Merchant Shipping Act Amendment Act, 1855, and the fourth section of the Merchant Shipping Act, 1871 (f), shall be read and construed as if the Board of Trade were therein named instead of the Commissioners of Customs. Registry. 4. The forty-sixth, fifty-fourth, ninety-second, and ninety-fourth sections of the Merchant Shipping Act, 1854, shall be read and construed as if the registrar general of seamen were therein named instead of the Commissioners of Customs, and the returns required to be transmitted by the said ninety-fourth section of the Merchant Shipping Act, 1854, shall be transmitted to the registrar general of seamen, and not to the Custom House in London, and the registrar general of seamen shall be called the registrar general of shipping and seamen. Passenger Ships. Board of Trade of missioners of Customs with respect to measurement of ships. Transfer to registrargeneral of seamen of duties of Com missioners of Customs with respect to registry of ships. Transfer to 5. The sixth and seventh sections of the Passengers Act, 1855, except so much of the latter section as provides for the immunity of emigration officers, shall be repealed, and all powers and duties vested in or imposed on the Emigration Commissioners by the Passengers Act, 1855, and the Passengers Act Amendment Act, 1863, shall be transferred to and imposed Emigration on the Board of Trade (y). (c) For the enactment substituted for the repealed section, see the M. S. Act, 1873, s. 16. (d) For the enactments substituted for the repealed section, see the M. S. Act, 1876, ss. 6-12. (e) For the enactment substituted for the repealed section, see the M. S. (f) Section 4 of the M. S. Act, 1871, (g) See the M. S. Act, 1876, s. 20. duties of Commis- Extension of penalties for offences connected with applications for assistance in emigration. Transfer to Trade of cer tain powers of secretary of state under Passengers Act. Passenger steamers to be surveyed once Trinity House may modify rule as to pilotage rates. Pilotage authority may grant special sea licences. Duties of surveyors. In the construction and for the purposes of the said acts, the name of the Board of Trade shall be deemed to be substituted for the name of the Emigration Commissioners, and anything which might, if this act had not passed, have been done by the Emigration Commissioners, whether acting independently or under the sanction or authority of one of her Majesty's principal secretaries of state, may be done by the Board of Trade independently of such sanction or authority. 6. The provisions contained in the eighty-third section of the Passengers Act, 1855, shall extend to any forms of application or other papers issued by or under the authority of one of her Majesty's principal secretaries of state, for the use of persons desirous of emigrating by his assistance, and to any certificate, document, or statement adduced in support of any application to such secretary for such assistance. 7. The powers conferred by the thirteenth section of the Passengers Act Amendment Act, 1863, on one of her Majesty's principal secretaries of state, shall be transferred to the Board of Trade. Annual Survey of Passenger Steamers. 8. The three hundred and fourth section of the Merchant Shipping Act, 1854, shall be repealed, and every passenger steamer (h) shall be surveyed once at the least in every year in the manner mentioned in the fourth part of that act. The fees to be charged for certificates issued in respect of such survey shall not exceed for a yearly certificate twice the sum named in the table marked T. in the schedule to the said act as chargeable for a six months' certificate (). Pilotage. 9. Notwithstanding anything in the three hundred and fifty-eighth section of the Merchant Shipping Act, 1854, the Trinity House may, by byelaw made with the sanction of her Majesty in council, repeal or relax the provisions of that section within the whole or any part of their district so far as to allow any pilot or class of pilots under their jurisdiction to demand or receive and any master to offer or pay any rate less than the rate for the time being demandable by law (k)." [Section 10 alters the payments made to the Trinity House Pilotage Fund by Cinque Port pilots.] 11. Any pilotage authority may, if authorised in that behalf by order in council, grant special licences qualifying the persons to whom they are granted to act as pilots for any part of the sea or channels beyond the limits of any pilotage authority, so, however, that no pilot so licensed be entitled to supersede an unlicensed pilot outside the limits of the authority by which he is licensed (k). [Section 12 is repealed by the Chain Cables and Anchors Act, 1874 (37 & 38 Vict. c. 51) s. 8.] General. 13. All duties in relation to the survey and measurement of ships under this act or the acts amended hereby shall be performed by the surveyors appointed under the fourth part of the Merchant Shipping Act, 1854, in accordance with such regulations as may be from time to time made by the Board of Trade. [Section 14 is repealed by the M. S. Act, 1876, s. 45 (1).] (h) See the M. S. Act, 1876, s. 16. (k) See post," Orders in Council." (1) For the enactment substituted for the repealed section, see the M. S. Act, 1876, s. 39. 15. If any surveyor, or any person employed under the authority of Penalty on the Passengers Act, 1855, demands or receives directly or indirectly other- surveyor, &c. wise than by the direction of the Board of Trade, any fee, remuneration, receiving or gratuity whatever in respect of any of the duties performed by him gratuity, &c. for duties perunder this act or the acts amended hereby, he shall for every such offence formed under incur a penalty not exceeding fifty pounds. this act. may enter into 16. The owner of home trade ships or his agent may enter into time Owner or agreements, in forms to be sanctioned by the Board of Trade, with indi- agent of home vidual seamen to serve in any one or more ships belonging to him, which trade ships, agreements need not expire on either the thirtieth day of June or the time agreethirty-first day of December, anything in the Merchant Shipping Act to ments which the contrary notwithstanding; Provided always, that a duplicate of each need not exagreement entered into under the provisions of the section be forwarded pire halfto the registrar general of shipping within forty-eight hours after it has yearly. been entered into. 17. It shall be lawful for her Majesty to accept from time to time the offers of any person whom the Lord High Admiral or the commissioners for executing his office may recommend, to serve as officers of reserve in the Royal Navy, upon such terms and conditions as to her Majesty may from time to time seem fit, and the Officers of the Royal Naval Reserve Act, 1863 (m), shall be read and construed as if this clause formed part of the said act. Her Majesty may accept offers of per sons recom mended by the Admiralty to serve as officers of the Royal Naval Reserve. 36 & 37 VICT. c. 85. An Act to amend the Merchant Shipping Acts. [5th August, 1873.] BE it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This act may be cited as "The Merchant Shipping Act, 1873." Short title. of act. 2. This act shall be construed as one with the Merchant Shipping Act, Construction 1854, and the acts amending the same, and the said acts and this act may be cited collectively as the Merchant Shipping Acts, 1854 to 1873. Registry (Part II. of Merchant Shipping Act, 1854). 3. Every British ship registered after the passing of this act shall before Particulars to registry, and every British ship registered before the passing of this act be marked on shall, on or before the first day of January one thousand eight hundred British ships. and seventy-four, be permanently and conspicuously marked (n) to the satisfaction of the Board of Trade, as follows: Her name shall be marked on each of her bows, and her name and the name of her port of registry shall be marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than four inches, and of proportionate breadth: Her official number and the number denoting her registered tonnage shall be cut in on her main beam: A scale of feet denoting her draught of water shall be marked on each side of her stem and of her stern post in Roman capital letters or in figures, not less than six inches in length, the lower line of such letters or figures to coincide with the draught line denoted thereby. Such letters or figures shall be marked by being cut in and painted (m) 26 & 27 Vict. c. 69. (n) See the Customs Laws Consolidation Act, 1876 (39 & 40 Vict. c. 36), ss. 174, 175; and the M. S. Act, 1876, |