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Merchant Shipping (Part III. Masters and Seamen.)
making any false or fraudulent Entry or omission in any such Log Book, shall for each such Offence be deemed guilty of a Misdemeanor.
CCLXXXV. All Entries made in any Oficial Log Book as Official Logs herein-before directed shall be received in Evidence in any to be received Proceeding in any Court of Justice, subject to all just Excepin Evidence.
CCLXXXVI. In the Case of Foreign-going Ships the Master to be delivered shall, within Forty-eight Hours after the Ship’s Arrival at her to Shipping
final Port of Destination in the United Kingdom, or upon the Master.
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 herein-before mentioned.
CCLXXXVIJ. If any Ship ceases by reason of Transfer of to be sent
Ownership or Change of Employment to fall within the home in case Definition of a Foreign-going or of a Home Trade Ship, the of Ship, and Master or Owner thereof shall if such Ship is then in the in case of United Kingdom, within One Month, and if she is elsewhere, Loss.
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 à 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 Oilicial 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 Colonies. and Colonies,
CCLXXXVIII. If the Governor General of India in Council, Provisions of Act, as ap
or the respective Legislative Authorities in any British Posplied by East session abroad, by any Acts, Ordinances, or other appropriate
Merchant Shipping (Part III. Masters and Seamen.)
East Indies and Colonies.
Colonial Go vernments to
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, trading with, or being at any place within their respective their own Jurisdictions, and to the Owners, Masters, Mates, and Crews Ships, may be
enforced 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 inílicted, throughout Her Majesty's Dominions, in the same Manner as if such Provisions had been here by so adopted and applied, and such Penalties and Punishments had been hereby expressly imposed.
CCLXXXIX. Every Act, Ordinance, or other Form of Law East Indian to be passed or promulgated by ihe Governor General of India and Colonial in Council, or by any other Legislative Authority, in pur- subject to Nissuance of this Act, shall respectively be subject to the same allowance, and Right of Disallowance or Repeal, and require the same Sanc- require Sanction 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.
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.
SAFETY AND PREVENTION OF ACCIDENTS.
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 for Seagoing Ships.
Merchant Shipping (Part IV. Safetj.)
Boals for Sca-going Ships.
Rules as to
CCXCII. The following Rules shall be observed with respect Boats and Life to Boats and Life Buoys; (that is to say,) 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 C'se, 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 Lise 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 un
less 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 c. 44. s. 10. 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."
CCXCIII. In any of the following Cases, (that is to say,)
Penalties on Masters and Owners, &c., neglecting to provide Boats and Life Buvys.
(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 Vegligence of the Owner or Master; or,
(2) If, in case of any of such Boats or Lise 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 s'ich Boats and Life Buoys are not kept so as to be at all Times sit and ready for Use;
Micrchant Shippines (Pori IV. Safety.)
Boats for See guing Ships.
Then if the Owner appears to be in fault he shall incur a
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 saine
is to clear Ships
not com;i; ing duly so provided; and if any such Ship attempts to go to Sea with the above without such Clearance or 'Transire any such Otiicer may Provisions. detain her until she is so provided.
Lighis ar Fog Signals, and Meeting and Passing. Rules as lo
Lights, Meet. CCXCV. The following Rules shall be observed with regard ing and Passo to Lights and Fog Signals; (that is to say,) (1.) The Admiralty shall from Time to Time make Regula- Regulations as
tions requiring the Exhibition of such Lights, by such to Lights and
alter, or vary the same :
requiring the Use of such Fog Signals, by such Classes
(3.) All Regulations made in pursuance of this Section shall
be published in the London Gazetle, and shall come
(4.) All Owners and Masters shall be bound to take notice
of the same, and shall, so long as the same continue in
Rules as to
Merchant Shipping (Part IV. Safety.) Lighls Me ting and Passo ing.
was in fault, shall for each Occasion upon which such Regulations are infringed incur a Penalty not exceeding
Twenty Pounds. Rule as to
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 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. Rule for CCXCVII. Every Steam Ship, when navigating any narrow
Channel, shall, whenever it is safe and practicable, keep to narrow Clannels,
that Side of the Fair-way or Mid-channel which lies on the
Starboard Side of such Steam Ship. Il Collision CCXCVIII. If in any Case of Collision it appears to the Breach of the
Court before which the Case is tried that such Collision was above Rules, occasioned by the Non-observance of any Rule for the ExhibiOwner no to tion of Lights or the Use of Fog Signals issued in pursuance be entitled to
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 enlitled 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. Breach's of CCXCIX. In case any Damage to Person or Property arises such Rules to imply wiltur from the Non-observance by any Ship of any of the said Rules, Default. such Damage shall be deemed to have been occasioned by the
wilful Default of the Person in charge of the Deck of such
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,)