Merchant Shipping (Part III. Masters and Seamen.) East Indies und Colonies. vernments to enforced legal Means, apply or adapt any of the Provisions in the Third Indian and Part of this Act contained to any British Ships registered at, Colonial Go trading with, or being at any Place within their respective their own Jurisdictions, and to the Owners, Masters, Mates, and Crews Ships, may be thereof, such Provisions, when so applied and adapted as throughout aforesaid, and as long as they remain in force, shall in respect the Empire. 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. Acts to be CCLXXXIX. Every Act, Ordinance, or other Form of Law East Indian to be passed or promulgated by the Governor General of India and Colonial in Council, or by any other Legislative Authority, in pur- subject to Dissuance of this Act, shall respectively be subject to the same allowance, and Right of Disallowance or Repeal, and require the same Sanc- require Sanc tion or other Acts and Formalities, and be subject to the same tion as in other 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. Cases. CCXC. If in any Matter relating to any Ship or to any Conflict of Person belonging to any Ship there appears to be Conflict Laws. 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. CCXCI. The Fourth Part of this Act shall apply to all Application of British Ships; and all Foreign Steam Ships carrying Passen- Part IV. of gers between Places in the United Kingdom shall be subject to Act. 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. k Boats Boats for Seagoing Ships. Rules as to Merchant Shipping (Part IV. Safety.) Boats for Sea-going Ships. CCXCII. The following Rules shall be observed with respect Boats and Life to Boats and Life Buoys; (that is to say,) Buoys. c. 44. s. 10. (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: 15 & 16 Vict. 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." Penalties on Owners, &c., Buoys. CCXCIII. In any of the following Cases, (that is to say,) (1.) If any Ship herein-before 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 Merchant Shipping (Part IV. Safety.) Then if the Owner appears to be in fault he shall incur a Boats for Sea going Ships. CCXCIV. No Officer of Customs shall grant a Clearance Officers of or Transire for any Ship herein-before required to be pro- Customs not vided with Boats or with Life Buoys unless the same is to clear Ships not complying duly so provided; and if any such Ship attempts to go to Sea with the above without such Clearance or Transire any such Officer may Provisions. detain her until she is so provided. Lights and Fog Signals, and Meeting and Passing. CCXCV. The following Rules shall be observed with regard to Lights and Fog Signals; (that is to say,) Rules as to Lights, Meeting and Passing. (1.) The Admiralty shall from Time to Time make Regula- Regulations as tions requiring the Exhibition of such Lights, by such to Lights and Classes of Ships, whether Steam or Sailing Ships, Fog Signals. within such Places and under such Circumstances as (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 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 : (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 any 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 Rules as to Lights Meeting and Passing. Rule as to each other. Merchant Shipping (Part IV. Safety.) was in fault, shall for each Occasion upon which such Regulations are infringed incur a Penalty not exceeding Twenty Pounds. CCXCVI. Whenever any Ship, whether a Steam or Sailing Ships meeting 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 elese 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. Rule for narrow Chan- If Collision ensues from Breach of the above Rules, Owner no to be entitled to recover. Breaches of such Rules to Default. CCXCVII. Every Steam Ship, when navigating any narrow Channel, shall, whenever it is safe and practicable, keep to that Side of the Fair-way or Mid-channel which lies on the Starboard Side of such Steam Ship. CCXCVII. If in any Case of Collision it appears to the Court before which the Case is tried that such Collision was occasioned by the Non-observance of any Rule for the Exhibition of Lights or the Use of Fog Signals issued in pursuance of the Powers herein-before contained, or of the foregoing Rule as to the passing of Steam and Sailing Ships, or of the foregoing Rule as to a Steam Ship keeping 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 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. CCXCIX. In case any Damage to Person or Property arises imply wilful from the Nen-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. Build and Equipment of Steam Ships. Build and Equipment of Steam Ships. CCC. The following Rules shall be observed with respect Iron Steamers to the Build of Iron Steam Ships; (that is to say,) Merchant Shipping (Part IV. Safety.) Build and Equipment of Steam Ships. tight Parti (1.) Every Steam Ship built of Iron, of One hundred Tons to be divided or upwards the building of which commenced after the by WaterTwenty-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 (3.) In such last-mentioned Ships each such Partition as (4.) Every Screw Steam Ship built of Iron, the building of And no Officer of Customs or other Person shall grant a Officers of Clearance or Transire for any Iron Steam Ship required to be Customs not divided or fitted as aforesaid, unless the same is so divided to grant Certificatesexcept and fitted; and if any such Ship attempts to ply or go to Sea so divided. without such Clearance or Transire, any such Officer may detain her until she is so divided and fitted; and if any Steain Ship herein-before 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. CCCI. Steam Ships shall be provided as follows; (that is to Equipment of Steam Ships. say,) (1.) Every Steam Ship of which a Survey is hereby required Safety Valve. shall be provided 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: |