MERCHANT SHIPPING ACTS

MERCHANT SHIPPING ACTS

PART VI.

A SELECTION FROM THE

THE MERCHANT SHIPPING ACTS.

L-International Provisions which have been applied to Foreign Countries
by Order in Council.
A-Tonnage Measurement of Foreign Ships (s. 84).
B-Going on board Arriving Ship without leave (ss. 218, 219).
C-Apprehension of Deserters from Foreign Ships (s. 238).
D-Regulations for Preventing Collisions at Sea, and as to Signals
of Distress (ss. 418, 419, 424, 434).
E-Exemption of Foreign Ships from Rules as to Life-Saving Appli-
ances (ss. 427 to 431; Act of 1006, ss. 4, 5).
F-Recognition of Foreign Deck=line and Load=line Certificates (s
445).
G-Application of Life=Salvage provisions to Foreign Ships (ss.
544, 545).

H-General Provision for extending other provisions of the Act to
Foreign Countries (s. 734).

11.-Provisions which have been applied to the Colonies by Order in Council.
A-Recognition of Colonial Load-line Certificates (s. 444).
B-Colonial Certificates of Competency (s. 102).
C-Imprisonment in Colonies of persons sentenced by Naval Courts
(Act of 1906, s. 67).

111.-Provisions applicable to Colonial Legislatures and Governors, etc.





X
INTERNATIONAL PROVISIONS OF THE
MERCHAflT SHIPPING ACTS

WHICH HAVE BEEN APPLIED TO FOREIGN
Cou-NTRIES BY ORDER IN COUNCIL.

The following sections of the Merchant Shipping Acts
are not necessarily directly applicable to Hongkong, but
they have an important bearing on the law of the
Coiony, because the Merchant Shipping Ordinance in
many cases contains provisions corresponding to the
sections of the Merchant Shipping Act set out in this
Part. These provisions, for example, s. 9 (1) (b) as to
arrest of deserters from foreign ships, refer to the countries
to which an Order in Council has, under the Home Act,
applied the corresponding section of that Act. The Tables
of foreign countries in such cases become, therefore, the
Tables of countries to which the provisions of the Ordi-
nanceapply. A reference is in each case given in the margin
to the corresponding provisions of the Colonial Ordinance.
The Orders in Council vary in each case and must be
referred to whenever occasion arises; those issued before
1893 are to be found in the ' 'Statutory Rules and Or-
der ', Vol. 8, and those issued subsequently, in the annual
volumes of that publication. A typical example of the
Orders in Council is, however, given under each heading.
The references and the recitals in the majority of the
Orders in Council are to the old Merchant Shipping Acts,
which were consolidated and replaced by the Act of 1894
(57 ~ 58 Vict. c. 60). It has not been thought necessary
to indicate the new provision in each case, it being under-
stood that the present reference is to the section of the
existing Act which is printed at the commencement of
each division.

A
Tonnage Measurement of Foreign Ships.

M. S. ACT, 1894, s. 84, as amended by M. S. ACT, 1906, s. 55.
Tonnage of 84:.-(1) Whenever it appears to Her Majesty the
ships of for- Queen in Council that the tonnage regulations of this
eign coun-
tries adopt- Act have been adopted by any foreign country, and
ing tonnige are in force there, Her Majesty in Council may order
regulations.





that the ships of that country shall, without beincir
remeasured in Her Majesty's Dominions, be deemed to
be of the toonage denoted in their certificates of
registry or other national papers, in the same manner,
to the same extent, and for the same purposes as the
tonnage denoted in the certificate of registry of a

British ship is deemed to be the tounage of that ship,
and any space shown by the certificate of registry
or other national papers of any such ship as deduct-
ed from totina~e on account of being occupied by
seamen or apprentices and appropriated to their use,
shall be deemed to have been certified under this
Act, and to comply with the provisions of this Act
which apply to such a space in the case of British
ships, unless a surveyor of ships certifies to the
Board of Trade that the construction and equipment
of the ship as respects that space do not come up to
the standard required under this Act in the case of a
British ship, and if any question arises whether the
construction and equipment of the ship so come ip
to the required standard a surveyor of ships may
inspect die ship for the purpose of determining sybe-
ther such a certificate should be given by him or not.

(2) Her Majesty in Council may limit the time
during which the Order is to remain in operation, and
make the Order subject to such conditions and quali-
fications (if any) as Her Majesty may dectn ex-
pedient, and the operation of the Order shall he
limited and modified accordingly.
(3) If it is made to appear to Her Majesty that
the tounaoe of any forcipi ship, as measured by the
rules of the countr to which she belongs, materially

difers from that which would be her tonnace if mea-

sured under this Act, Her Majesty in Council may
order that, notwithstanding any Order in Council for
the time being in force under this section, any of the
ships of that country may, for all or any of the pur-
poses of this Act, be re-mcasured in accordance with
this Act.

ORDFR IN COUNCIL i [AUSTRIA HUNGARY] 19TH AUGUST, 1871.
Common form for Alerchant Ships generally.]

AND W14FREAS it has been made to appear to Hei. Majesty that the
.rules concerning the measurement of tonnage of merchant ships nowla





force under the Merchant Shipping Act, 1854, have been adopted by
His Imperial and Royal Majesty the Emperor the King of Austro-
Hungary and are in force in the Austro-Sungarian dominions:
Her Majesty is hereby pleased, by and with the advice of Her Privy
Council, to direct that the ships of Austro-Hungary the certificates of
Austro-Hungarian nationality and registry of which are dated on or
after 1st September, 1871, shall be deemed to be of the tonnage denoted-
in the said certificates of Austro-Hunuarian nationality and registry.


ORDER IN COUNCIL [BELGIUM] 17TH OCTOBER, 1884.
Covinton form where a distinction is made between Sailing Ships
and Steamships.]

AND WHEREAS it has been made to appear to Her Majesty that the
rules concerning the measurement of tonnage of merchant ships now in
force under The Merchant Shipping Act, 1854, have been adopted by
the Government of His Majesty the King of the Belgians, with the ex-
ception of a slight difference in the mode of estimatinc, the allowance
for engine-room, and such rules are now in force in that country,
having come into operation on 1st January, 1884:
Her Majesty is hereby pleased, by and with the advice of Her Privy
Council, to direct as follows:~

1. As regards sailing ships, that merchant sailing ships belonging to
Belgium, the measurement whereof on or after the said 1st January,
1884, shall have been ascertained and denoted in the certificates of
registry, or other national papers of such sailing ships, testified by the
dates thereof, shall be deemed to be of the tonnage denoied in such
certificates of registry, or other national papers, in the same manner, and
to the same extent, and for the same purpose, in to and for which the
tonnage denoted in the certificates of registry of British sailing ships is
deemed to be the tonnage of such ships.

2. As regards steamships, that merchant ships belonging to Belgium
which are propelled by steam or any other power requiring cligine-room,
the measurement whereof on or after the said 1st January, 1884, shall
have been ascertained and denoted in the certificates oi registry, or
other national papers of such steamships, testified by the dates thereof,
shall be deemed to be of the tonnage denoted in such certificates of
registry, or other national papers, in the same manner, and to the same
extent and for the same purpose, in to and for which the tonnage denoted
in the certificates of registry of British ships is deemed to be the tonnage
of such ships, provided, nevertheless, that, if the owner or master of any
such steamship desires the deduction for engine-room in such ship to





be estimated under the rules for engine-room measurement and deduc-
tion applicable to British ships, instead of under the Belgian rules, the
engine-room shall be measured, and the deductions calculated, according
to, the British rules.

COUNTRIES TO WEICH THE SECTION HAS BEEN APPLIED.
Austria Hungary .................... 19th Aug., 1871
Belgium [s. s.] ........ 17th Oct., 1884
Denmark ................21st Nov., 1895
France ............................ 10th Aug., 1904
Germany . ..............22nd Feb., 1896
Greece .................14th Aug., 1879
Hayti ..................3rd May, 1882
Italy ..................Ilth May, 1906
Japan ..................27th Jan., 188,5
Netherlands ~s. s.] ............. 3rd May, 18,88
Norway .................27th June, 1894
Russia and Finland [s. s.] 20th Nov., 1880
Sweden [s. s.] .........18th Aug.,1882
United States .....3rd Oct 1895

N.B-41 [s. s.] ' indicates that. a distinction is made Sailing Ships and
Steamships.
COUIATTRY THE SHIPS OF WHICH ARE TO BE
spain ..................... ... 29th Jan., 1904

B
Going on board Arriving Ship without leave.

M. S. Am, 1894, ss. 218, 219.-
218.-Where a ship is about to arrive, is arriving,
or has arrived at the end of her voyage, and any per-
son, not being in Iler Majesty's service or not being
duly authorised by law for the 1)tirpose,-
(a) goes on board the ship, without the permission
of the inaster, before the seamen lawfully leave the
ship at the end of their engacrement, or are discharged
(whichever last happens) ; or,
(b) being on board the ship, remains there after
being warned to leave by the master,or by a police
officer,or by any officer of the Board of Trade or of
the customs.




Going on that person shall for each ofence be liable to a fine
board with-
out leave. not exceeding
Court, to imprisonment for any term not exceeding
6 months ; and the master of the ship or any officer
of the Board of Trade may take him into custody,
and deliver him up forthivith to a constable to be
taken before a Court capable of taking cognizance of

the offence.
Application 219.-Whenever it is made to appear to Her Ma-
of provisions
of previous jesty that the Government of a foreign country-
section to (a) has provided that unauthorised persons going
foreign ship. on board British ships which are about to arrive or
have arrived within its territorial jurisdiction shall
be subject to provisions similar to those of the last
preceding section which are applicable to persons
going on board British ships at the end of their voy-
ages; and

(b) is desirous that the provisions of the said sec-
tion shall apply to unauthorised persons going on
board ships of that foreign country withhi British
territorial jurisdiction,
Her Majesty in Council may order that those provi-
sions shall apply to the ships of that foreign country,

and have efflect as if the ships of that country arriv-
ing, about to arrive or having arrived at the end of
their voyage, were British ships.

ORDER IN COUNCIL [DENMARK] 15TH SEPTEMBER,. 1887.

AND WHEREAS it has been made to appear to Her Majesty-
(1) that. the Government of Denmark has provided that unauthorised
persons goingr on board of British ships which are about to arrive, or
have arrived within its territorial jurisdiction, shall be subject to provi-
sions similar to the provisions contained in the said herein first-recited
section as applicable to persons going on board British ships at the end
of their voyages : and
(2) that the said Government is desirous that the provisions of the
said first-recited section shall apply to unauthorised persons going on
board of Danish ships within the limits of British territorial jurisdiition:

Now, therefore, Her Majesty, by virtue of the power vested in Her
by the said recited Act, and by and with the advice of Her Privy
Council, is pleased to declare that the provisions of the said first-recited
section shall apply to Danish ships.
COUNTRIES TO WHICH THE SECTION HAS BEEN APPLIED.
b
Austria-Hungary .......17th Oct., 1884
Belgium ...............23rd July, 1889
Denmark ...............15th Sept., 1887
Germany ..................... 30th Nov., 1882
Italy .................2nd March, 1881
Norway ................25th Oct., 1.881
Sweden ................25th Oct., 1881
United States .........22nd May, 1883

Apprehension of Deserters from Foreign Ships.

AI. S. ACT, 1894, s. 238.-

238.-(1) Where it appears to Her Majesty that
due facilities are or will be given by the Government
of any foreign country for recovering and apprehend-
in- seainen who desert from British merchant ships
in that country, Her Majesty may, by Order in
[Deserters from the Council statina that such facilities are or will be
countries in the list
given below
are arrested in given, declare that this section shall apply in the
Hongkong under
Merchant Shipping case of such foreign Country, subject to any limita-
Ordinance, 1899, s. 9 tions, conditions, and qualifications contained in the
(1) (b).]
Order.
(2) Where this section applies in the case of any
foreign country, and a seaman or apprentice, not be-
in(, a slave, deserts when within any of Her Majesty's
douninions from a merchant ship belonging to a sub-
ject of that country, any Court, Justice, or officer that
would have had cognizance of the matter if the sea-
man or apprentice had deserted froin a British ship
shall, on the application of a consular officer of the
foreign country,and in apprehending the deserter,
and for that purpose may, on information given on
oath, issue a warrant forhis apprehension, and, on
proof of the desertion, order him to be conveyed ou
board his ship or delivered to the master or mate of
his ship, or to the owner of the ship or his agent, to
be so conveyed ; and any such warrant or order may
be executed accordingly.





(3) If any person harbours or secretes any deserter
liable to be apprehended under this section, know-
ing or baving reason to believe that he has deserted,
that person shall for each offence be liable to a fine
not exceeding

ORDER IN COUNCIL [REPUBLIC OF THE EQUATOR
,(EcuADoR)J 24TH SEPTEMBER, 1886.

AND WHEREAS it has been made to appear to Her Majesty that due
facilities will be given for recovering and apprehending seamen who
desert from British merchant ships in the dominions and possessions of
the Republic of the Equator :
Now, therefore, Her.Majesty, by virtue of the powers vested in Her
by the said Foreign Deserters Act, 18,52, and by and with the advice of

Her Privy Council, is pleased to order and declare, and it is hereby
ordered and declared, that from and after the publication hereof in the
London Gazette, seamen, not being slaves, and not being British subjects,
who, within Her Majesty's dominions, desert from merchant ships
belonging to the Republic of the Equator, shall be liable to be appre-
hended and carried on board their respective ships . Provided always,
that if -any such deserter his committed any crime in Her Majesty's
dominions, he may be. detained till he has been tried by a competent
Court, and until his sentence, if any, has been carried into effect.

COUA7RIES TO TV111CH EIME, SECTIOX HAS BEES APPLIED
Austria-Hungary ............16th Oct., 1852
Belgium ................8th Feb., 18,55
Brazil .............1 7th Nov., 1888
Colombia ............28th Dec., 1866
Congo State ................ 10th Aug., 1888
Denmark ....................15th July, 1881
Ecuador ....................24th Sept., 1886
France ..............3rd July, 1851
Germany ....................18th March, 1880
Greece .....................12th July, 1887
Honduras ...................26th Sept., 1901
Italy ......................11th June, 1863
Japan ......................3rd Oct., 1911
Mexico .....................
Morocco and Fez ............6th May, 1857
Netherlands ................9th March, 1854
Nicaragua............................................. 1st March, 1907





Norway ......1 ........18th March, 1852
Paraguay ..............29th Dec., 1887
Peru ..................18th Aug., 1852
Roumania* .............29th Feb., 1908
Russia ................27th Aug., 1860
Salvador ..............llth JuDe, 1863
Siam ..................10th Nov., 1866
Spain .................23rd Jan., 1860
Sweden ................18th March, 1852
Turkey ................18th May, 1865
United States .........18th Aug., 1892
Uruguay ................................. ... 24th Sept., 1886
Zanzibar .............. 7th March, 1887
The apprehension of deserters from Portuguese ships is governed by

Treaty, 3rd July, 1842, effect to which is given by the Act, 12 & 13
Vict. c. 25, as amended by 39 & 40 Vict. c. 20.


Regulations for Preventing Collisions at Sea.

M.S. ACT, 1894, ss. 418, 419, 424, 434.
[The Regulations are 4i8.-(1) Her Majesty may, on the joint reconi
printed in Part VII
of this Volume.] mendation of the Admiralty and the Board of Trade, by Order in Council, make regulations for the pre-
by Order in council,make regulations for the pre-
vention of collisions at sea, and may thereby regulate
the lights to be carried and exhibited, the fog sipals
to be carried and used, and the steering and sailing

rules to be observed, by ships, and tbolle regulations

(in this Act referred to as the Collision Repilations),

shall have effect as if enacted in this Act.
(2) The Collision Regulations, together with the
provisions of this Part of this Act relating thereto,
or otherwise relating to collisions, shall be observed
by all foreign ships within British jurisdiction, and
in any ease arising in a British Court concerning
matters arising within British jurisdiction foreign

ships shall, so far as respects the Collision Regulations

and the said provisions of this Act, be treated as if
they were British ships.

419.-(1) All owners and masters of ships shall
obey the Collision Regulations, and shall not carryor
Limited to the United Kingdom and certain Colonies of which Hongkong
is one,





exhibit any other lights, or use any other fog signals,

than such as are required by those regulati
(2) If an infringement of the Collision Reaulations

is caused by the wilful default of the master or
owner of the ship, that master or owner shall, in res-
pect of each ofence, be guilty of a misdemeanor.
(3) If any damage to person or property arises
from the non-observance by any ship of any of the
Collision Revulations the damage shall be deemed to
have been occasioned by the wilful default of the
person in charge of the deck of the 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 Regulation necessary.
[sub-section (4) rep. Maritime Conventions Act,
1911, (1 & 2 GEO. V c. 57 s. 4).]
(5) The Board of Trade shall furnish a copy of the
Collision Regulations to any master or owner of a ship
who applies for it.
Application 424.-Whenever it is made - to appear to Her Ma-
of collision jesty in Council that the Government of any foreign
regulations
to foreign country is willing that the Collision Regulations, or
ships. the provisions of this Part of this Act relating there-

to or otherwise relating to collisions, or anly of those
Regulations or provisions should apply to the ships of
that country when beyond the limits of British juris-
diction, Her Mi~iesty may, by Order in Council,
direct that those regulations and provisions shall
subject to any limitation of time, conditions and
qualifications contained in the Order, apply to the
ships of the said foreign country, whether within
British jurisdiction or not, and that such ships shall
for the purpose of such regulations and provisions he
treated as if they were British ships.
Regulation 434. (1) Her Majesty in Council may make
as to signals rules as to what sianals shall be sianals of distress,
of distress.
and the signals fixed by those rules shall be deerned
to be signals of distress.
(2) If a master of a vessel uses or displays, or
causes or permits any person under his authority
to use or display, any of those signals of distress,
except in the case of a vessel being in distress,

The Collision Regulations contain rules as to Signals of Distress. The application of
this part of thi~e.,~ulations to foreign ships is'made under the general provisions
of s. 734, [see po8t see. H], and not under s. 424.






he shall be liable to pay compensation for any
labour undertaken, risk incurred, or loss sustained
in consequence of that signal having been supposed
to be a signal of distress. and that compensation
may, without prejudice to any other remedy, be
recovered in the same manner in which salvaye is
recoverable.

ORDER IN COUNCIL [GENERAL] 13TH OCTOBER, 1910.

AND WHEREAS it has been made to appear to His Majesty that the
Governments of the several countries mentioned in Schedule II hereto
annexed are willing'that the regulations and rules contained in Sche-
dule I should, subject to the qualifications mentioned in the aforesaid
Schedule 1 and to the proviso in the case of Chinese ships that the
application of the regulations and rules shall be limited to ships of
foreign type, apply to the ships of those countries when beyond the limits
of British jurisdiction

Now therefore His Majesty, by virtue of the powers conferred on Him
by the aforesaid Act, and on the joint recommendation of the Admiralty
and the Board of Trade, and by and with the advice of His Privy
Council, is pleased to direct that the Collision Regulations and the rules
as to signals of distress contained in Schedule I to this Order shall apply
to all British ships:
And His Majesty is also pleased to direct that the said regulations
and rules shall, subject to the aforesaid qualifications and to the proviso
in the case of Chinese ships that the regulations and rules will be appli-
cable only to ships of foreign type, apply to the ships of the countries
named in Schedule II to the Order whether they are within British
jurisdiction or not, and that such ships shall for the purpose of such
regulations and rules be treated as if they were British ships :
[Schedule I contains the Collision Regulations,
which are set out in Part VII of this Volume; the
countries to which the sections have been applied
are contained in Schedule II of the Order.]

SCHEDULE H.

00 UATTRIES TO TV11MU THE 8FCTIONS HA VII' B EEY A PPL1EA

Argentine I~epublic Brazil
Austria-Hungary Bulgaria
Belgium chile





China Netherlands
Costa Rica Norway
Denmark Peru
Ecuador Portugal
Egypt Roumania
France Russia
Germany Siam
Greece Spain
Guatemala Sweden
Italy Turkey
Japan United States
Mexico Venezuela

E
Exemption of Foreign Ships from Rules as to Life
Saving Appliances.

M. S. ACT, 1894, ss. 427-431.-
427.-(1) The Board of Trade may make rules

. (in this Act called rules for life-saving appliances)
with respect to all or any of the following matters
namely,-
(a) the arranging of British ships into classes,

having regard to the services in which they are eni-

ployed, to the nature and duration of the voyage, and
to the number of persons carried
(15) the number and description of the boats, life-
life-rafts, life-jackets, and life-buoys to be

carried by British ships, according to the class in


which they are arranged, and the mode of their con-

struction, also the equipments to be carried by the

boats and rafts, and the methods to be provided to
get the boats and other life-saving appliances into the
water, which methods may include on for use in
stormy weather : and
(c) the quantity, quality, and description of
buoyant apparatus to be carried on board British
ships carrying passengers, either in addition to or in
substitution for boats, life-boats, life-rafts, life-jackets,
and life-buoys.
(2) All such rules shall be laid before Parliament
so soon as may be after they are made, and shall not
come into operation until they have lain for 40





days before both Houses of Parliament during the

session of Parliament ; and on coming into operation
shall have effect as if enacted in this Act

(3) Rules under this section shall not apply to any
fishing boat for the time being entered in the fishing
boat register under Part IV. of this Act.

428.-lt shall be the duty of the owner and mas-
ter of every British ship to see that his ship is
provided, in accordance with therules ' forL life-saving
appliances, with such of those appliances as, having
regard to the nature of the service on which the ship
is employed, and the avoidance of undue encumbrance
of the ship's deck, are best adapted for securing the
safety of her crew and passengers.

429.-(1) For the purpose of preparing and
advising on the rules for life-saving appliances, the
Board of Trade may appoint a committee, the mem-
bers of which shall be nominated by the Board in
accordance with the 17th schedule to this Act.

(2) A member of the committee shall hold office
for 2 years from the date of his appointment, bnt
shall be eligible for re-appointment.

(3) There shall be paid to the members of the
committee, out of the Mercantile Marine Fund, such
travelling and other allowances as the Board of

Trade may fix.
(4) Her Majesty may, by Order in Council, alter
the -17th schedule to this Act.

430.-(1) In the case of any ship-
(a) if the ship is required by the rules for life-
saving appliances to be provided which such appli-
ances and proceeds on any voyage or excursion with-
out being so provided in accordance with the rules
applicable to the ship ; or
(b) if any of the appliances with which the ship is
so provided are lost or rendered unfit for service in
the course of the voyage or excursion through the
wilful fault or negligence of the owner or master ; or

(c) if the master wilfully neglects to replace or

repair on the first, opportunity any such appliances
lost or injured in the course of the voyage or excur-
sion ; or





(d) if such appliances are not kept so as to be at
all flines fit and ready for use ; -
then the owner of the ship (if ill fault) shall for each
offence he liable to a fine not exceeding
the master of the ship (if it' fault) shall for each
offence be liable to a fine not exceeding

(2) Nothing in the foregoing enactments with res-
pect to life-saving appliances shall prevent any per-
soil from being liable mider any other provision of
this Act, or otherwise, to ally other or higher fine or
punishment than is provided by those enactments,
provided tbat a person shall not be punished twice
for the same offence.

(3) If the Court before whont a person is charged
with lit offence punishable mider those enactments
thinks that proceedings ought to be taken against
him for the offence under any other provision of this
Act, or otherwise, the Coart may adjourn the case to
enable stich proceedings to be taken.

431.-(1) A surveyor of ships may inspect any
ship for the purpose of seeing that she is properiv
provided with life-saving appliances in conformity
with this Act, and for the purpose of that inspection
shall have all the powers of a Board of Trade inspec-
tor under this Act.
(2) If the said surveyor finds that the ship is not
so provided, lie shall give to the master or owner
notice in writing pointing out the deficiency and also

pointing out what in his opinion is requisite to remedy
the sarne.
(3) Every notice so given shall be communicated
in the manner directed by the Board of Trade to the
chief officer of customs of any port at which the ship
may seek to obtain a clearance or transire, and the
ship shall be detained until a certificate under the
hand of any stich surveyor is produced to the effect
that the ship is properly provided with life-saving
appliances in conformity with this Act.

M. S. -ACT, 1906-[6 EDW. VII, c. 48j ss. 4, 5.-

4.-Sections 427 to 431 of the Principal Act [tile
Act of 18941 relating to life-saving appliances shall '
after the appointed day, apply to all foreign ships





while they are within any port of the United King-
dom as they apply to British ships ;
Provided that His Majesty may by Order-in-Coun-
cif direct that those provisions shall not apply to any
ship of a foreign country in which the provisions in
force relating to life-saving appliances appear to His
Majesty to be as effective as the provisions of Part
V of the Principal Act, on proof that those provisions
are complied with in the case of that ship,

5-For the purposes of this Part of this Act the
appointed day shall be 1st January, 1909, or such
other day not being more than 12 months later, as

the Board of Trade may appoint ; and different days
may be appointed for different provisions of this
Part of this Act, and for different foreign countries.

ORDER 15 COUNCIL [DExMARK] 221,1,1) APRIL, 1910.

AND WHE RFAS it appears to His Majesty that the provisions in force in
Dentilark relatinu to life-saving appliances are as effective as the provi~
sions of Part V of the Principal Act
Now, therefore, His Majesty's Highness the Prince of Wales, being
authorised thereto bv writing under His Majesty's Sign Manual, doth,
by and with the advice of His - Majesty's Privy Council, on behalf of
Bis Majesty direct that the provisions of sections 127 to 431 of the
Principal Act shall not apply to any Danish ship while within any Port
of the United Kingdom, if it is proved that the aforesaid Danish provi-
sions relating to life-saving appliances are complied with in the case of
that ship.

COUNTRIES TO 1,17,UICLI THE SECTIONS 11AVE BEEN APPLIED.

Denmark . .............22nd April, 1910
France ................22nd Nov., 1909
Germany ...............10th Aug., 1909
Netherlands ...........11th June, 1909
Norway . ........................................ ... 10th Aug., 1909
Sweden ....................................................... 22nd Nov., 1909






Recognition of Foreign Deck-line and Load-line Certifleates.

M. 8. ACT, 1894, s. 445.-
445.-(1) Where the Board of Trade certify that
the laws and regulations for the itme beign in force
in any foreign country and relating to overloading
and improper loading are equally effctive with the
provisions of this Act relating thereto, Her Majesty
in Council may direct that on proof of a ship of that
country having complied with thosse laws and regula-
tions, she shallnot, when in a port of the United
kingdom, be liable to detention for non-compliance
with the said provisions of theis Act, nor shall there
arise any liability to any fine or penalty which would
otherwise arise for non-compliance wtih those pro-
visions.
(2) Provided that this section shall not apply in
the case of ships of any foreign country in which it
appears to Her Majesty that corresponding provisions
are not extended to British ships.

ORDER IN COUNCIL [NETHERLANDS] 11TH JUNE, 1910.

AND WHEREAS the Board of Trade have ' certified that certain statutory
regulations which have been approved by the Government of the Ne-
therlands relating to overloading, so far as regards the assignment of
load-lines to ships belonging to the Netherlands on and after the ist
January, 1909, are equally effective with the corresponding regulations
in force in this country respecting the assignment of load-lines to British
merchant ships
Now, therefore, His Majesty in Council doth direct that on proof that
ships belonging to the Netherlands have complied with the aforesaid
regulations of the Government of the Netherlands, such ships shall
not, when in ports of the United Kingdorn, be liable to detention for
non-compliance with the provisions of the Merchant Shipping Acts
relating to over-loading, nor shall there arise any liability tQ any fine or
penalty which would otherwise arise for non-compliance with those
provisions.






COUNTRIES TO TWIrCH THE SECTION HAS BEEN 4PPI~l-rD.
France . ..............22nd Nov., 1909
Germany . .............21st Nov.,. 1908
Netherlands . .........11th June, 1910
Sweden ............................................13th Oct., 1901

G
Application of Life Salvage provisions to Foreign Ships.

M. S. ACT, 1894, ss. 544, 545.-

544.-(1) Where services are rendered wholly or
in part within British waters in saving life from any
British or foreign vessel, or elsewhere in saving life
from any British vessel, there shall be payable to the
salvor by the owner of the vessel, cargo, or apparel
saved, a reasonable amount of salvage, to be deter-

mined in ease of dispute in manner hereinafter men-
tioned.
(2) Salvage in respect of the preservation of life
when payable by the owners of the vessel shall bc
payable in priority to all other claims for salvage.
(3) Where the vessel, cargo, and apparel are des-
troyed, or the value thereof is insufficient, after ay-

ment of the actual expenses incurred, to pay the
amount of salvage payable in respect of the preserva-
tion of life, the Board of Trade may, in their disere-
tion, award to the salvor, out of the Mercantile
Marine Fund, such sum as they think fit in whole or
part satisfaction of any amount of salvage so left
unpaid.

645.-When it is made to appear to Her Majesty
that the Government of any foreign country is willing

tbat salvage should be awarded by British Courts for
services rendered in saving life from ships belonging

to that country, when the ship is beyond the limits
of British jurisdiction, Her Majesty may, by Order in
Council, direct that the provisions of this Part of this
Act with reference to salvage of life shall, subject to
any conditions and qualifications contained in the
order, apply, and those provisions shall accordingly
apply to those services as if they were rendered in
savinc, life from ships within British jurisdiction.
0





ORDER IN COUNCIL [PRUSSIA] 7TH APRIL, 1864.

AND WHEREAS it has been made to appear to Her 1V1ajesty that His
Majesty the King of Prussia is willing that salvage shall be awarded
by British Courl's for services rendered in saying life from Prussian
ships when beyond the limits of British jurisdiction

Now, therefore, Her Majesty, by virtue of the power vested in Her by
the said Aferchant Shipping Act Amendment Act, 1862, and by and with
the advice of Her Privy Council, is pleased to order and direct that
the provisions of the Merchant Shipping Act Amendment Act, 1862,
and of the Merchant Shipping Act, 1854, with respect to salvage for
services rendered in saving life from British ships, shall, in all British
Courts, be held to apply for services rendered in saying life from
Prussian ships, whether such services are rendered within British juris-

diction or not.

COUNTRY TO WHICH THE SECTION HAS BEEN APPLIED
Prussia . ............7th April, 1864

H
General Provision for extending other provisions
of the Act to Foreign Countries.

M. S. ACT, 1894, s. 734.-

Application 734. Where it has been inade to appear to her
by Orderin
Coulle Majesty that the Government of any foreign country
,il of Majesty is desirous that any of the provisions of this Act, or
provisions of is of any Act, hereafter to be passed amending the
same. which do not apply to the ships of that country,
Merchant should so apply and there are no special provisions
sllippil3g
Acts to for-
eign ships.
in this Act for that application, Her Majesty in
Council may order that such of those Provisions as
are in the Order specified shall (subject to the limit-
ations, if any, contained therein) apply to the ships
of that country, and to the owners, masters, seanten,
and apprentices of those ships, when not locally with-
in the jnrisdiction of the Government of that conntry
in the same manner in all respects as if those ships
were British ships.

The only ease in which action has been taken under this section is in
the case of the Rules as to Signals of Distress, contained in the Collision
Regulations [see ante. p. 230].





PROVISIO.AIS OF TEE, 2VIERCLIANT 8I11PPING ACTS,
WEICE HAVE BEE-W APPLI-E-D TO COLOSIES
BY OR-DER1N COUNCIL.

A
Recognition of Colonial Load-line CerAficates. t

M. S. ACT, 1894, s. 444.-

444. Where the Legislature of any british pos-
session by any enactment privides for the fixing,
making, and certifying of load-lines n ships
registered in that possession,and it appears to Her
Majesty the queen that that enctement is based on
the same principles as the provisions of this Part of
this Act relating to load-lines, and is equally effective
for ascertaining and determining the maximum load-
lines to which those ships can be safely oaded in salt
water, and for giving notice of the load-line to persons
interested, Her Majesty in council may declare that
any load-line fixed and marked and any certificate
given in pursuance of that enactment shall, with re-
spect to ships so registered, have the same effect as
if it had been fixed, marked, or given in pursance of
this Prt of this Act.

ORDER IN COUNCIL [INDIA] 28TH NOVEMBER, 1889

AND WHEREAS the legislature of teh Government of India have by
the Deck and Load-Lines Act, 1891, made provision for the fixing,
marking, and certifying of load-lines on ships registered in that posses-
sion, and for giving notice of the load-line on ships registered in that posses-

AND WHEREAS it has been made to appear to Her majesty the Queen
that such provision is based on the same principles as the provisions of
Part V of tehmerchant shipping Act, 1894, and is equally effective
for ascertaining and determining the maximum load-lines to which such
ships can be safely loaded in salt water, and for giving notice of the
load-line to the persons-interested:












































































Now, therefore, Her Majesty, in exercise of the powers vested in
Her by the Merchant Shipping Act, 1894, by and with the advice of
Her Privy Comicil, is pleased to declare and 'doth hereby declare that
any load-line fixed and inarked and any certificate given in purstiance
of the said enactment shall, with respect to such ships so registered,
have the saine effect as if it had been fixed, marked, or given in pursu-
ance of Part V of tlfe Merchant Shipping Act, 1894;

POSSESSIONS TO WHICH THESECTION HAS BEEN APPLIED.
1ndia . ................. 28th 1Nov., 1899
South Australia . ... 15th May, 1900
Straits Settlements ............ 15th March, 1893
Victoria . ..........7th March, 1899

B
Colonial Certificates of Competency.

M. S. ACT, 1894, s. 102.-

Colonial cer- 102. VYhere the Legislature of any British posses-
tificates of siou provides for the examination of, and grant of
competency.
[Certificates of com- certificates of competency to, persons intending to act
peteney for masters, as masters mates, or engineers on beard ships, and
mates and engineers
are granted in Hong- the Board of Trade report to Her Majesty that they are
kong under s, 4. of tb e
Merchant Shipping satisfied that the examinations are so conducted as to
Ordinance 1899.1 be equally efficient with the examinations for the
same purpose in the United Kingdom under this Act,
and that the certificates are granted on such principles
as to shoiv the like qualifications and competency as
those granted under this Act, and are liable to be
forfeited for the like reasons and in the like manner,
Her Majesty may by Order in Council :-
(i) declare that the said certificates shall he of the
saine force as if they had been granted under this
Act : and
(ii) declare that all or any of the provisions of this
Act, which relate to certificates of competency
granted under this Act, shall apply to the certificates
referred to in the Order : and
(iii) impose such conditions and make such re-
gulations with respect to the certificates, and to the
use, issue, delivery, cancellation, and suspension





thereof, as Her Majesty may think fit, and inipose
fines not exceeding $50 for the breaell of those
conditions adn reglations

ORDER IN COUNCIL, 9TH MAY, 1891, RECOGNISING CERTIFICATES OF
COMPETENCY.G R ANTE 1) IN HONGKONG AND IN OTRER COLONIES.

AND WHEREAS by the Merchant Shipping Act, 1876, it is provided that

Her Majesty may by Order in Council, revoke,alter, or add to any Order
in Council made by Hei. under the Merchant Shipping Acts :
AND WHEREAS by the Order in Council of the 19th day of August, 1889,
Her Majesty was pleased to declare that, subject to certain exceptions,
conditions, and regulations therein contained or set out in the schedule
thereto, the. Colonial Certificates granted as follosys, viz:-

12. On and after the 1st January 1884, by the Governor of the Posses-

sion of Hongkong, to person sintending to act as masters, mates,or
Encgineers on board British ships;

AND WHEREAS it has been made to appear To Her Majesty that it is ex-
pedient that the conditions and regulations set out in the said recited
Orders in Council and the schedules thereto should be rescinded and the
said recited Orders in CouncA revoked, and a new Order in Council
containing such modified and aMended conditions and reaulations sub-
stituted in lieu thereof:
Now, therefore, Her Majests by and with the advice and consent of
Her Privy Council, is hereby 'leased-
(1) To declare that the colonial certificates of coMpetency granted-

(72) by the Governor of the Possession of Hongkong, froM and after the
1st January, 1884, to persons intending to act as Masters, Mates, or
Engineers on board British ships

(2) To declare that all the provisions of the said Acts which relate to
certificates of competency for tlie. foreign trade granted under those
Acts, except-
so much of the third sub-section of the 23rd section of ' The Mer-
chant Shipping Act Amendment Act, 1862, as requires, at the
conclusion of a case rclating to the cancelling or suspending of a cer-
tificate, such certificate, if cancelled or suspended, to be forwarded to
the Board of Trade, and the whole of the provisions of the 4th sub~section
of the same section, *





shall apply to such colonial certificates of competency as are in para-
graph 1 of this Order referred to
(3) To impose and make the regulations set out in the schedule A
hereto, numbered 1 to 12 respectively, with respect to the said colonial
certificates of competency, and to the use, issue, delivery, cancellation,
and suspension thereof, and to impose for the breach of such regulations
the penalties therein mentioned.
(4) To revoke the conditions and regulations, set out in the schedules
to the said recited Orders in Council, and to substitute therefor the re-
gulations set out in the schedule A hereto, numbered 1 to 12 respectively,

and to declare that, from and after Che time when this Order takes effect,
the regulations set out in the schedule A hereto shall apply to all
colonial certificates that may heretofore have been or shall be hereafter
uranted as aforesaid.
1
(5) To declare that this Order shall take effect in the said Possessions
respectively which are enumerated in the schedule B hereto, 'Immediately
from and after the publication of this Order in such Possession respee-
tively, and that all certificates erranted in the said Possessions sub-
sequently to the dates named the schedule B and before this Order
comes into force shall have the sarne effect, and be of the same value, and
confer the same privileges on the holders thereof as if granted after this
present Order.
(6) To direct that the said hereinbefore recited Orders in Council
shall be revoked in each of the said Possessions on the day oil which this
Order takes effct therein as provided in the preceding paragraph 5)
hereof : provided, however, that the revocation of the said Orders in
Council shall not affect or invalidate any colonial certificate of coni-
petelicy previously granted to which the said Orders in Council apply,
or affect the validity or invalidity of anything done under the said Orders
in Council before this Order takes effect or any obligation heretofore
incurred:
(71) A copy of this Order shall forthwith, after the publication thereof
in the London Gazette, be forwarded to the Governor, Lientenant-Gover-
nor, Administrator, or Head of the Government of each of the said enumer-
. stated Possessions, who shall, immediately upon the receipt of such copy,
publish this Order, and the Secretary of State for the Colonies and the
Secretary of State for India in Council are hereby required to take order
in that behalf.

fOrder in Council, 22nd October,11906.]

His Majesty, by and with the advice and consent of His Privy
Council, is hereby pleased-





To declare that the colonial certificate of competency granted or to be
hereafter granted by the Governor, Lieutenant-Governor, Administrator,
Head of the Government, Minister, Board, Body or Corporation of or in
any British possession mentioned in the said Orders in Council 1 for the
time being authorised by the Legislature or Legislative Authority of
such possession to grant colonial certificates of Competency (hereinafter
called 'the proper authority ') froin and after the respective dates in
the case of the several possessions with reference to theseveral kinds of
certificate in the said Orders in Council mentioned shall be of the salne
force as if they had been granted under the Merchant ShippinpAct, 1894,
and shall be subject to the same conditions and regulations as are set out
in schedule A to the said Order in Council of the 9th May, 1891, and the
said Orders in Council shall be read and construed as if the proper
authority had been originally nientioned therein in the case of each such
possession in lieu of the authority in each case actually nanied and
described therein.

SCHEDULE A.

REGULATIONS
WITH RESPECT TO THE USE, ISSUE, DELIVERY, CANCELLATION, AND
SUSPENSION OF COLONIAL CERTIFICATES OF COMPETENCY.

Interpretation clause.
In the construction and for teh purposes of these Regulations, the following
terms shall have teh respective meanings hereinafter assigned to them, that
is to say:-

'Coonial certificate of competency' or 'Colonial certificate' shall mean
a cetificate of competency granted under the authority of the legislature
or legislative authoirty of one of the Bitish Possessions in schedule B
hereto mentioned, to persons intending to act or acting as masters, mates,
or enguneers of British ships.

'Authority' shall mean the Governor, Lieutenant-Governor, Administra-
tor, Head of the Government,Minister, Board, Body, or corporation of or in
any British possession for the time being anthorised by the Legislature or
legislative authority of such Possesion to grant colonial certificates of
competency.

'Certificate' shall mean a certificate of competency.

REGULATIONS.

Form of Certificate.

1. A colonial certificate of competency shall be on parchment, and as
nearly as possible similar in shape and form to the corresponding certificate
of competency for the foeign trade granted by the board of TRade under
the Acts relating to merchant shipping.






Name of-Possession to be inserted.
2. A colonial certificate of conipetency shall have the naine of the-
British Possession in which the sanie is granted, inserted prominently on its
face and back.

Certifixates to be numbered conseculively.
3. The certificates of competency granted in each British Possession
shall be numbered in consecutive order.

Lists of Certificates granted, cancelled, lo be sent to Registrar
General of Seamen.
4. The authority in each British Possession shall furnish the Recistral.

General of Seamen in Loitelon, from time to time, with accurate lists of
all such colonial certificates of competency as may be granted therein or
as mya, for any cause whatsoever, be cancelled, suspended, removed, or
re-issued; and shall also furnish him with duplicates of the applications for
examination made by the persons to whom such certificates are -ranted.


Certificates to be fIranted only upon proof of service at sea.
5. A colonial certificate of competency shall be grained oniv upon
proof that the previious service at sea of the person applyimr for the sainG has.
been such as is required by the reonilations for the time being in force in the
United Kingdom with respect to certificates of the like grade.

Certificates of competeticy granted contrar to this regulation, or upon
any false, incorrect or insufficient proof, certificate, or report of service,
qualification, conduct, or character shall be reprded as improerly gralited.

Certificates not to be granted when former are cancelled.
6. A colonial certificate of competency shall not be graoted to any
person who may hive had a certificate, whether granted by the Board of
Trade or by the authority of a British Possessions, cancelled or suspended
underthe provision of the said Acts or of any Act or Ordinance for the time
being in force in any part of Her Majesty's Dominions, unless-
(i) in accordance with Regulation No. 7

(ii) or the same is a certificate of a lower grade than the one so cancelled
or suspended, and is issued upon the recommendation of the Court or authority
which cancelled or suspended the original certificate
(iii) or the period of suspension has expired ;
(iv) or intimation has been received from the Board of Trade, or the
authority by whom the cancelled or suspended certificate was origitially

granted, to the effect that no objection to the grant of such colonial certificate
is known to exist.
tefore a certificale is returned in accordance with sub-section (iii) any
certificate which may have been granted temporarily or pending the
suspension must. be delivered up and it shall be returned to the authority by
whom it was granted.
Colonial certificates of competency granted contrar to this regulation

shall be regarded as improperly granted.

Certificates which may be granted after a Certificate
has been cancelled or suspended.
7.-(1) It shall be lawful for the Governor or person administering the
Government of the British Possession in which a certificate has been
cancelled or suspended if, after full investigation of all the circumstances, lie
thinks the justice of the ease requires it
(a) If the certificate was granted in the Colony, to return the certificate
which has been cancelled or suspended, or to shorten the tinic for which it is
suspended, or to grant or request the authority of the Possession to -rallt a
certificate of the same or any lower grade in place of the certificate which
has been cancelled or suspended.
(b) If the cancelled or suspended certificate was granted by the authority
of another Colony, to request such authority to return the certificate which
has been cancelled or suspended, or to shorten the time for which it is stis-
pended, or to grant a certificate of the sanne or any lower grade bl place of the
certificate which has been cancelled or suspended.

(c) If in the opinion of sneh Governor or person administering the Gov-
ernment of the British Possession the justice of the case requires the issue
of a colonial certifieIAe without delay to the person whose certificate ha, heen
cancelled or suspended, the Governor or person administering the Govern-
ment aforesaid (in addition to actill- upoll sub-section 6 of this regulation)

to issue, or request the authority in such British Possession to issue, a certi-
ficate of the same or any lower grade in phice of the certificate which has
been cancelled or suspended, which substiluted certificate is to be in force
for such limited period as skich Goveruor or person adininistering as aforesaid
shall in that behalf direct and no longer.
(d) If the cancelled or suspended certificate was granted by the Board of
Trade, to issue or request. the authority of the Possession to issue a colonial
certificate of the same or any lower grade in place of the cancelled or sus-
pended certificate, and such substituted certificate is to be in force for snell
limited period as such Governor or person administering as aforesaid shall in
that behalf direct and no longer ; and the Governor or person aforesaid shall
also cause the Board of Trade to be informed of his act.

(2) If a colonial certificate is cancelled or suspended in the United King-
dorn the Board of Trade may, if in their opinion the justice of the caSe re-
quires it, refurn. or request the authority by whom, sach certificate was
granted to return tiny certificate which has been cancelled or suspended, or
shorten or request such authority to shorten the time for which it was sus-
pended, or request such authority to issue a certificate of the same or ally
lower grade in place of the certificate which has been cancelled or suspended.
(3) Whenever the authority by whom a cancelled or suspended certificate
was originally issued is requested by the Governor or person administering






the Government of a British Possession in accordance with section (1) of
this regulatiou, or by tbe Board of Trade, in accordance with section (2)
of this regulation, to return any certificate which has been cancelled or sus-
pended, or to shorten the time for which it is suspended, or to issue a certi-
ficate of the same or any lower grade in place of any certificate which has
been so cancelled or suspended, the authority so requested as aforesaid shall
forthwith return any certificate which has been cancelled or suspended or
shorten the time for which it was suspended, or issue a certificate accordingly
(as the ease may be).
(4) In all cases in which the powers given by this regulation are exercised,
a report of the ease sliall bc sent by the Governor or person administering

the Government of the Possession in which the powers are exercised to the
authority by whom the cancelled or suspended certificate was granted.

Certificates improperly granted may be cancelled
without formal investigation.
8. A colonial certificate of competency which appears from information
subsequently acquired, or otherwise, to have been improperly granted, may
(witbout any formal investigation under the Alerchant Shipping Act,
1854, or the Acts amending the saine) be cancelled by the authority by
which the same was granted, or by the Board of Trade in the United King-
dom, and the holder of such certificate shall thereupon deliver it to the Board
of Trade or stich authority, or as they or either of thein may direct, and in
default thereof shall incur a penalty not exceeding
recoverable in the manner in which penalties imposed by the Acts relating
to Merchant Shipping are thereby made recoverable, or in such other sum-

mary proceedings as the law of any British Possession where the holder may
be, may allow or permit to be brought for the recovery thereof.

Cancellation &c of a Cerlificate shall involve cancellation of all. the other
Certificates possessed by its Owner.
9. Every decision with respect to the cancellation or suspension of a
certificate pronounced by any Board, Court, or Tribunal under the provisions
of the said Acts, shall, unless otherwise directed, extend equally to all the
colonial certificates at the time possessed by the person in respect of whom
the decision is made.

Certificates believed to befrandulent may be demanded.
10. Any officer of the Board of Trade, or the Registrar-general of
Seamen, or -any of his officers, or a Superintendent of a Mercantile Marine
Office, or a consular office, or duly appointed shippin gofficer in a British

Possession, may demand the delivery to him of any colonial certificate of
competencywhich he has reason to believe has been improperly issued, or is
forged, altered, cancelled, or suspended, or to which the person using it is not

justly entitled, and may detain such certificate for a reasonable period for
the purpose of making inquiries respecting such issue, forgery, 91teration,





cancellation, suspension, or possession, and any person who, without reason-
able cause, neglects or refuses to comply with such demand shall incur a
penalty ixot exceeding or its equivalent inn local currency, which
shall be recoverable in the manner in which penalties imposed by the Acts
relating to 'THerchant Shipping are thereby made recoverable or such other
summary proceedings as the law of any British Possession where such person
may be, may allow or permit to be bron-lit for the recoverv thereof.


Smepended Certificates to be re-issued only by Cotuny by which
originolly grunted
11. Subject to these Regulations, a colonial certificate of competency
which has, from any calise, been cancelled or suspended shall be renewed or
re-issued only by the authority by which the sanic was originally granted.

Colonial Certificates to be re-issued only by to be sent to the
originally which granted them.
12. Whenever a colonial certificate is cancelled or suspended the Board,
Conrt, or Tribunal cancelling or suspending the sanie shall send to the
authority by whom the certificate was granted a full report upoll the case,
tolgether with a copy of the evidence taken therein, and also the Certificate
which has been cancelled or suspended.

SCHEDULE B.







Imprisonment in Colonies of persons sentenced by
Naval Courts.

M. 8. Act, 1906,-[6 Edw. VII. c. 4811 s. 67,-
97.-(1) The powers of a Naval Court under sec-
tion 483 of the princial Act [the Acto r 1984] wich
deals with those powers shll include a power to

send an offender sentenced by the Court to impri-
sounlent either to the United Kingdom or to any
British possession to which, His Majesty by Order in
Council has applied this section, as appears to then,
most convenient for the purpose of being imprisoned,
and the Court may take the same steps, and for that
purpose shall have the same powers, as respects the
orders which may he given to masters of ships as a
consular officer has for the purpose of sending at,
ofiender for trial under section 689 of the principal
Act, and sub-sections (2), (4), and (.5) of that section
shall apply with the necessary modification.
(2) Any master of a ship to whose charge, an
offender is committed under this section shall on his
ship's arrival in the United Kingdom or in a British

possession, as the case may 15c, give the ofiender into
the custody of some police officer or constable, and
the offender shall be dealt with as if he had been
convicted and sentenced to imprisonment by a Court
of competent Jurisdiction in the United Kingdom or
in the British possession, as the case may be.
(3) Flis Majesty may by Order in Council apply
this section to any British possession the Legislature
of wkich consents to that application.

*The section has not as yet been applied to Hongkong.





Sections of the Merchant Shipping Acts applicable
to Colonial Legislatures and Governors, etc.

The Alerchant Shipping Acts contain many
references to the Colonies, and to have set them
all out would have resulted in an increase in
the bulk of this volume beyond the limits of
the Editor's authority. The sections may
be roughly grouped under four heads-jurisdic-
tion of Colonial Legislatures, of Colonial Gover-
nors, of Colonial Courts, and of Colonial inari-
thne officers. The Courts and the shipping
officers may be presumed to have copies of the
Act ready to their hand; but this is not so in the
cage of the Legislature and of Executive officers.
It has been thought desirable therefore to set
out, in addition to those sections already pyinted
in this Part, no more than what may be called
the constitutional sections of these important
Acts ; and for convenience of reference, mar-
ginal references are given to the sections of
the Merchant Shipping Ordinance by which the
powers given to the Legislature have been
exercised in this Colony.

Powers of Governor as to Distressed Seamen.
AI. S. Aci,, 1906, (6 Ed. VII c. 48 ss. 41 & 49).
41.-(1) Where either-
(a) Any seamen, whether subjects of His Majesty or not, are
found in any place out of the United Kingdom, and have been ship-

wrecked from any British ship or any of His Majesty's ships, or by
reason of haviner been dischar ed or left behind from any such ship in

any place out of the United Kingdom, are in distress in that place, or
(h) any seamen, being subjects of His Majesty, who have been
engaged by any person acting either as principal or agent to serve in a
ship belonging to the Government or to a subject or citizen of a
foreign country, are in distress in any place out of the United KiDg-
dom,





the proper authority as defined for the purpose in this Part of this
Act may, and, if not a merchant, shall, in accordance with and on the
conditions prescribed by the Distressed Seamen Regulations, provide
in accordance with this Act for the return of those seamen (who are it,
this Act included in the term distressed seamen) to a proper return
port, and also provide for their necessary clothing and their mainten-
ance until their departure for such a port, and in addition, in the case
of shipwrecked seamen, for the repayinent of any expenses incurred
in their conveyance to port. after their shipwreek, and their
ance while being so conveyed.
(2) The authority shall be paid in respect of the expenses incurred
under this section on behalf of distressed seamen such sums as the
Board of Trade may allow, and those sum,,. shall, on the production
of the bills of disbursements, with the proper vouchers, be paid as
provided by this Part of this Act.

49. For the purposes of this Part of this Act, unless the context
otherwise requires :-

(1) The expression 'proper authority' incans-

(b) as respect a place in a British possession-

(ii) in relation to distressed seanien the Governor of the posses-
sion or any person acting under his authority ; and

(29) The expression 'seamen' includes not onlysealnen as defilled
by the principal Act, but also apprentices to the sea Service

Powers-of Governor in regard to Ilealth on board Ships.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 20.5).
t 205. The Governor of a British possession shall have the power in
that possession-
(a) of appointing medical inspectors of seamen, of charging fees
for medical examinations by those inspectors, and of determining the
remuneration to be paid to those inspectors: and,

(b) subject to the laws of that possession, to make regulations con-
ee7ning the supply in that possession of anti-scorbutics for the use of
ships, and anti-scorbutics duly supplied in accordance with those regu-
lations shall'be deemed to be fit and prper for the use of ships.





Powers of Legislature to apply provisions ot'Part 11 as to
Master and Seamen' to Colony, with effect
throughout the Dominions.
31. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 264).
264. If the Legislature of a British possession, by any law, apply or
adapt to any British ships registered at, trading with, or being at, any
port in that possession, and to owners, masters, and crews of those ships
any provisions of this Part of this Act which do not otherwise so apply,
such law shall have effect throughout Her Majesty's dominions, and in
all places where Her Majesty has jurisdiction in the same manner as if
it were enacted in this Act.

Confl.ict of Laws to be settled 1),y the Act.
M. S. ACT, 189-1, (57 & 58 Vict. c. 60 s. 265).
265. where in any matter relating to a ship or to a person belong-
ing to a ship there appears to be a conflict of laws, then, if there is in
this Part of this Act any provision on the subject-which. is hereby
expressly made to extend to that ship, the case shall be governed by
that provision ; but if there is no such provision, the case shall be
governed by the law- of the port at which the ship is registered.

Exclusion of Hongkong froin definition of Colonial Voyage.
M. S. ACT, 1891, (57 & 58 Vict. c. 60 s. 270).
270. For the purposes of this Part [Part III] of this Act a colonial
~,ovage means a voyage from any port in a British possession, other than
British India and Hongkong, to any port whatever, where the distance
between such ports exceeds 400 miles, or the duration of the yovage, as
determined undei; this Part of this Act, exceeds 3 days.

Sanitary Regulations as to Steerage Passengers.
M. S. ACT, 1894, (57 & 58- Vict. c. 60 s. 324).
324. Her Majesty may by Order in Council make regulations-
(1) for preserving order, promoting health, and securing cleanliness and
ventilation on board emigrant ships proceeding from the British Islands
to any port in a British possession ; and
(ii) for prohibiting emigration from any port at any time when choleraic

or any epidemic disease is generally prevalent in the British Islands or
any part thereof; and
(iii) for reducing the number of steerage passengers allowed to be
carried in any emigranc.ship, either generally or from any particular
ports in the British Islands ; and
(M for permitting the use on board emigrant ships of apparatus for

distilling water and for defining in such case the quantity of fresh ivater





to be carried in tanks and casks for the steerage passengers under the
foregoing provisions of this Part of this Act ; and

(v) for requiring duly authorised medical practitioners to be carried
in emigrant ships where they would not otherwise under this Part of
this Act be required to be carried.

Powers of Governor in regard to wrecked passengers.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 ss. 332-334).
332. If any passenger, whether a cabin or a steerage passenger, is
either taken off any ship which is carrying any steerage passenger on a
voyage from any part of Her Majesty's dominions and is damaged,
wrecked, sunk, or otherwise destroyed, or if any such passenger is picked
tip at sea from any boat, raft, or otherwise, it shall be lawful-

(a) if the port to which such passenger (in this Act referred to as a
wrecked passenger) is conveyed is in the United Kingdom, for a
Secretary of State ; and

(b) if the port is in a British possession for the Governor of that posses~
sion, or any person authorised by him for the purpose; and

(c) if the port is elsewhere, for the British consular officer there;
to defray all or part of the expenses thereby incurred.

333-(1) If any passenger whether a cabin or a steerage passenger
from am- ship which is carrying any steerage passenger on a voyage
froni ans, port in Her -Majesty's dominions finds himself without any
neglect or default of his own at any port outside the British Islands
other than the port for which the ship was originally bound, or at
which he, or the Board of Trade, or anY public officel. ot. other person
on his behalf, has contracted that he should land, it shall be lawful-

(a) if the place is in a British possession, for the Governor of that
possession, or any person authorised by the Governor for the purpose;
and

(b) if the place is elsewhere, for the British consular officer there;
to forward the passenger to his intended destination, unless the master
of the ship, within 48 hours of the arrival of the passenger, gives to

the Governor or consular officer, as the case may be, a written tinder-
taking to forward or convey within 6 weeks thereafter the passenger to
his original destination, and forwards or conveys him accordingly within
that period.

-(2) A passenger so forwarded by or by the authority of a Governor
or a British consular officer shall not be entitled -tinder this Part
[Part III] of this Act to the return of his passage money, or to any
compensation for loss of passage. *
3 34. -(1) All expenses incurred under this Part [Part III] of this

Act or by the authority of a Secretary of State, Governor of a B itish
possession, or consular Officer in respect of a wrecked passenger, or for-
warding of a passenger to his destination, including the cost of maintain-
ing the passenger, until forwarded to his destination, and of all necessary
bedding, provisions, and stores, shall be a joint and several debt to the
Grown from the owner, charterer, and master of the ship on board of
which the passenger had embarked.

(2) In any proceedin g for the recovery of that debt a certificate
purportitig to be tinder the hand of a Secretary of State, Governor, or
consular officer, and stating the circum stances of the case, and the total
amount of the expenses, shall be admissible in evidence in manner
provided by this Act, and shall be sufficient evidence of the amount of
the expenses, and of the fact that the saine were duly incurred, unless
the defendent specially pleads and duly proves that the certificate is
false and fraudulent, or that the expenses were not duly incurred under
this Act.

(3) The sum recovered ort account of the expenses shall not exceed
twice the total amount of passage money which the owner, charterer,
or inaster of the emigrant ship proves to have. been received by Itim or
on his account, ot. to be clue to and recoverable by him or on his account.
in respect of the whole number of passengers whether cabin or steerage
who embarked in the ship.

Govrnor may appoint Emigration Officers.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 s.
355.-(1) In the British Islands the Board of Trade, and lit a British
possession the Governor of that possession, may appoint and remove such
emigration officers and assistant emigration officers as seem necessary
for carrying this Part [Part III] of this Act into execution, under the
direction of the Board or Governor, as the case may be.
(2) All powers, functions, and duties to be exercised or performed,
and anything to be done in pursuance of this Part of this Act by, to, or
before an emigration officer, may be exercised, performed, and done by,
to, or before his assistant, ot., at any port where there is no emigration
officer or assistant, ot. in their absence, by, to, or before the chief officer
of customs for the time beino. at such port, and in any such case it.shall
be the duty of the chief officer of customs to do anything -which it is
the duty of the emigration officer or his assistant to do.

(3) A person lawfully acting as an einigration officer under this Act
shall in no case be personally liable for the paynient of any money or
costs or otherwise in respect of any contract made, or of any legal





proceedings for anything done, by him in his official capacity as an
cinigration officer and on the public service.

Poteers of' Governor as regards' ITmigrant Ships.

T~,l. S. ACT, 1894, (57 & 58 Vict. c. 60 ss. 366 & 367).
366.- (1) The Governor of 'a British possession may by proclania-
tion-
(a) determine what shall be deenied, for the purposes of this Part of
tbis Act, to be the length of the voyage of any ship carrying steerage
passengers froin any port in that British possession to any other port
and
(15) fix dietary scales for steerage passengers during the voyage ; and
(c) declare what niedical stores shall be deemed necessary for the
inedleal treatnient of the stecrage passengers durin the voyage.

(2) Every such proclamation shall take effect from the issue thereof,
and shall have effect without as well as within the possession, as if
cimeted in this Part [Part Ill.] of this Act.
(3) The Grovernor of a British possession may authorise such persons
as he thinks fit to mabc a like, survey of enlicrant ships sailing from
that possession as Is by this Act required to be made by two or more
conipetent, surveyors in the case of cinigrant ships sailing from the
British Islands.
(4) The Governor of a British possession may authorise any coulpe-
tent person to act as inedical practitioner on board an einigrant ship
proceeding on a colonial voyage.
367.- (2) The Governor of any British possession
Illay. if lie thinks fit, declare by proclamation that ships intended te pass
within the tropies from any port in such possession tnay convey steerage

passengers, beino. natives of Asia, or Africa, after the. rate of one for

every 12 superficial feet of the passenger deck instead of after the rate

specified in the 10th schedtile to this Act.
(3) Every stich proclamation shall take effect from the issue there-
of, or such other day as may be iianied therein, and shall have effect
without as well as within theas if it were enacted in this
Part of this Act in substitution as respects the said ships for the 10th
schedule to this Act.

M. S. ACT, 1906, (6 Ed. VII c. 48 s. 17).
M-(1) The Board of Trade may prescribe regulations, scales, con-
ditions and forms in substitution for those contained in the 10th, 11th,
12th, 13th and 14th schedules of the principal Act * * * * * *





(2) Any reference in the Merchant Shipping Acts or in any other
Act or document to any of those schedules shall be construed as a
reference to the corresponding regulatiotis, scales, conditions, or forms
prescribed by the Board of Trade under this section.

Poicer to Legislature to legislalte as to Inquiries into Shipping
Casualties and against Offleers.

M. S. ACT, 1894, (57 & .58 Vict. c. 60 s. 478).
478-W The Leuislature of any British poss-ession may authorise
any Court or tribunal to make inquiries as to shipwrecks, or other
casualtics affecting ships, or ,is to charges of incompetency, or miscon-
duet on the part of masters, mates, or engineers of ships, in the following
Cases namely
(a ',here a shipwreck or casualty occurs to a British ship on or
near the coasts of thepossession or to .1 British ship in the
coure of a voyage to a port Within the British
(b) where 't Shipwreck or casualty occurs in any part of the world to
a British ship registered in the Bvitish posses-sion -
(e) where some of the crew of a British ship which has been wreck-
ed or to which a casualty bas ocenrred, and who are competent witnesses
to the facts, are found in the British possession :
(d) where the inicompetency or misconduct has occurred on board a
British ship on or near file coasts of the British possession, or on board
a British ship in the course of a vovage to a port within the British
possession
(e) where the incompetency or misconduct has occurred on board a
British ship registered in the British possession
sylien the master, mate or engineer of a British ship who is
char,Yed with incompetency or misconduct, on board that British ship is
found in the British possession.
(2) A 'Court or tribunal so authorised shall have Lhe same jurisdic-
tion over the matter in question as if it had occurred within their
ordinary jurisdiction, but subject, to all provisions, restrictions, and
conditions which would have been applicable if it had so occurred.
(3) An inquiry shall not be held under this section into any matter
which has once been the, subject of an investigation or inquiry and has
been reported on by a competent Court, or tribunal in any part of Her
Majesty's dominions, or in respect of whcih the certificate of a master,


mate, or engineer has been cancelled or supended by a Naval Court.
(4) Where an investigation or inquiry has been commenced in the
United Kinadom with reference to any inatter, in inquiry with reference






to the same matter shall not be held, under this section in a British
possession.
(.5) The Court or tribunal holding -,in inquiry under this section shall
have the same powers of cancelling and suspending certificates, and
shaR exercise those powers in the same manner as a Court holding a
sinfflar investigation or inquiry in the United Kingdom.
(6) The Board of Trade may order the re-hearing of any inquiry
under Uds section in like manner as they may order the re-hearing of
a skTar invesHgation or imply in the United Kingdom, but if .in
application for re-hearing either is not ninde or is refused, an appeal
Shall he from ans, order or finding of the Court or tribunal holding the
inquiry to the ftigh Court in England : Provided an appeal. shall not
he
(a) from any order or finding on an inquiry into a easualty affeethg
a ship registered in a British possession. or
(b) form a decision affecting the certificate of a masteer,mate, or
engineer, if Unit emlitede Ims not be grantel, Wher in the United
Kingdom or in a British possession, under the authority of this Act.
(7) The, appeal shall be conducted in accorklance with such conditions
and regulations as may low time to time bc prescribed by rules made
in relation thereto tulder the powers contained in this Part [Part V, I]
of this Act.

M. S. ACT, 1906, (C) Ed. VII c. 48 ,,. 66).
M Mlem, on any investigation or inquiry under the provisions
of Pad VI of the principal Act, the court find that a shipping casualty
has been caused or contributed to by the wrengful act or defauR of
any lwrun, and an application for rehearing has not been made under
section 475 or section 478 of die principal Ace, or has been refused,
the owner of the ship or any other person wbo, having an interest
in the investigation or inquiry, lms aNwamd at the bearing and is
affected by to decTion of the court, may appeal from that decision
in die same manner and sublet to the sanic conditions in and subject
to which a master may appeal. under those, sections agaitist a decision
with respect to the cancelling or suspension of his cortificate.

Right of Crown to Unclaimed

M. S. ACT, 1894, (57 &- 58 Vict. c. 60 s. 523).
523. Her Majesty and fler Her Royal successors are entitled to all un-
claimed wreck found in any part of Her Majesty's dominions, except
in places where Her Majesty or any of Her Royal predecessors has
granted to any other person the right, to that wreek.





Application of Penalties and Costs of Prosecutions in Colonies.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 ss. 699 & 700).
899.- (1) Where any Court, Justice of the Peace, or other Alagis-
trate, imposes a fine under this Act for which no specific application is
herein provided, that Court, Justice of the Pcace, or Magistrate, may,
if they think fit, direct the whole or any part of the fine to be applied
in compensating any person for any wrong or damage which he may
have sustained by the act or default in respect of which the fine. is
imposed, or to be applied in or towards payinent of the expenses of the
proceedings.

(2) Subject to any directions under this section or to my specific.
application provided under this Act, all fines under this Act shall, not-
withstanding anything in any other Act-

(a) if recovered in the Unitd Kingdom, be paid into the Exchequer
in such manner as the Treasury may direct, and bo carried to and form
part of the Consolidated Fund: and

(b) if recovered in any British possession be paid over into the
public treasury of that possession form part of the public revenue
thereof.
700. Where an offence under this Act is prosecuted as a mis-
demeanor the Court before whom the offence is prosecuted may in
England make the saine allowances and order payment of. the, same
costs and expenses as if the offence were -a felony, and in any other
part of Her Majesty's dominions maysuch allowances and order
payment of such costs and expenses as are payable or allowable upon
the trial of any misdemeanor or under any law for the time being in
force thercin,
Prosecution of under the Act.

M. S. Aer, 1894, (57 & 58 Vict. c. 60 s. 711).
711. Any offence under this Act shall, in any British be
punishable by any Court or Magistrate by whom an offence of a like

character is ordinarily punishable, or in such other manner as may be
determined by any Act or Ordinance havinu the force of law in that
possession.
Governor may appoint Surreyors of Ships.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 727).
727. The Governor of a British possession may appoint and remove
surveyors of ships within the limits of the possession for any purposes
of this Act to be carried into effect in that possession.





Legislature may repeal ~?9,Ori$i07ts of Act applicable to Colony.

M. S. ACT, J894, (57 & 58 Vict. e. 60 s. 735).
735.-(1) The Legislature of any British possession may by any Act
or Ordinance, confirmed by Her Majesty in Council, repeal, wholly or
in part, any provisions of this Act (other tban those of the 3rd Part
thereof which relate to emigrant ships), relating to ships registered in

that possession ; but aily suell Act or Ordinance shall not take effect
until the approval of Her Majesty has been proclaimed in the possession,
or until such time thereafter :is may be fixed by the Act or Ordinance
for the purpose.

(2) Where any Act or Ordinance of the Legislature of a British
possession has repealed in whole or in part as respects that possession
any provision of the Acts repealed by this Act, that Act or Ordin-
ance shall have the .same effect in relation to the corresponding provi-
sions of this Act as it had in relation to the provision repealed by
this Act.

[Order in Council putting in force s. 41 of Ordinance
No. 10 of 1899 (s. 3,5 of the Ordinance of 1901) of the
Legislature of Hongkong, 10th August, 1903.]

Power of Legislature to regulate Coasting Trade.

31. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 736).
736. The Leo.islature of a British possession, may, by any Act or
Ordinance, regulate the coasting trade of that British possession, subject

in every case to the following conditions:-

(a) the Act or Ordinance shall contain a suspending clause providing
that the Act or Ordinance shall not come into operation until Her
Majesty's pleasure thercon has been publicly signified in the British
possession in which it has been passed.

(b) the Act or Ordinance shall treat all British ships (including the
ships of any other British possession) in exactly the same manner as
ships of the British possession in which it is made:

(c) where by treaty made before the passing of the Merchant Ship-
ping (Coloniaf) Act, 1869 (that is to say, before 13th May, 1869) Her
Almesty has atyreed to grant to any ships of any foreign. State any rights
or privileges in respect, of the coastina trade of any British possession,
those rights and privileges shall be enjoyed by those ships for so long as
Her Majesty has already agreed or may hereafter agree to grant the
same, anything in the Act or Ordinance to the contrary notwith-
standing.





Saring of Acts.
M. S. ACT, .1894, (57 & 58 Vict. c. 60 s. 746).
746.-(1) Nothing in this Act sbull affect the Chinese Passengers

Act, 18,55.
(2) Any local Act which repeals or aflects any provisions of the
Act repealed by this Act shall have the san-le effect on the correspondino,

provisions of this Act as it had on the said provisions repealed by this
Act.
Tonnage of ships of foreign countries adopting tonnage regulations. Tonnage Measurement. [Passenger ships of over 60 tons which have British or Colonial, or equivalent foreign, certificates of survey are exempted from the annual survey required by s. 10 of the Merchant shipping Ordinance, 1899.] Tonnage Measurement. Tonnage Measurement. Penalty for being on board ship without permission before seamen leave. Going on board without leave. Application of provisions of previous section to foreign ship. Going on board without leave. Deserters from foreign ships. Deserters. [15 & 16 Vict c. 26.] Deserters. Collision regulations. Observance of collision regulations. Collisions at Sea. Application of collision regulations to foreign ships. Regulations as to signals of distress. Collisions at Sea. Collisions at Sea.Rules as to life-saving appliances. [By the proviso to s. 13 of the Merchant Shidping Ordinance, 1899, the ships of those countries which have been exempted (by the Act of 1906) from these sections of the Act, are exempted from the provisions of s. 13 of the Ordinance]. Life-saving Appliances. Duties of owners and masters as to carrying life-saving appliances. Appointment of consultative committee for framing rules. Penalty for breach of rules. Life-saving Appliances. Survey of ship with respect no life-saving appliances. Life-saving Appliances. Deck-line and Load-line Certificates. Salvage payable for saving life. Salvage of life from foreign vessels. Life-salvage provisions. Application by Order in Council of provisions of Merchant Shipping Act to foreign ships. Provision as to colonial ships with respect to load-lines. Colonial Load-lines. Colonial certificates of competency. [Certificates of competency for masters, mates and engineers are granted in Hongkong under s, 4. Of the Merchant Shipping Ordinance, 1899.] Colonial Certificates of Competency. *[now. M. S. Act, 1894, s. 470 (3) and (4).] Colonial Certificates of Competency. [Cazette, 31st Oct., 1891.] Colonial Certificates of Competency. [I.e., the Order of 9th May, 1891, (ante p. 241) and the Orders there-in recited.] Colonial Certificates of Competency. Colonial Certificates of Competency. Colonial Certificates of Competency. Colonital Certificates of Competency. Power of Naval Court to send a person sentenced to imprisonment home or to a Colony to undergo sentence. Provisions for relief and maintenance of distressed seamen. [s. 41 contd.] Definition of of 'proper authority' and 'seamen'. Appointment of medical inspector, and regulations as to supply of anti-scorbutics in Colonies. [Powers exercised by s 8. Of No. 10 of 1899.] Application of Part II to Colony by Colonial Legislatures. [Poweres exercised by ss. 5, 8, 9, of No. 10 of 1899.] Conflict of laws. Definition of colonial voyage. Sanitary and other regulations by Order in Council. [s. 324 contd] Expenses of rescue asnd conveyance of wrecked passengers. Forwarding of passengers by Governors or consuls. Recovery of expenses incurred in conveying wrecked passengers and forwarding passengers. Emigration officers and assistants. [Emigration from Hongkong is regulated by the Chinese Emigration Ordinance, 1889, passed in virtue of the Chinese Passengers Act, 1855.] [s. 355 contd.] Modification of provisions of Part III in their application to British possessions. [see note to s. 355, supra.] Power of Governors as to number of steerage passengers. [see note to s. 355, supra.] Regultions substituted for schedules 10, 11, 12, 13, and 14 of principal Act. [s. 17 contd.] Authority for Colonial Court to make inquiries into shipping casualties and conduct of officers. [Marine coarts are established in the Colony by s. 19 of No.10 of 1899.] [s. 478 contd.] Appeal from decision on investigation as to shipping casualties. Right of Crown to unclaimed wreck. Application of penalties. Expenses of prosecution of misdemeanor. Prosecution of offences in British possession. Appointment of surveyors in Colonies. [Surveyors appointed by s. 10 (4) of No. 10 of 1899.] Power of Colonial Legislatures to alter provisions of Act. [Power exercised by s. 41 of No. 10 of 1899.] Regulation of coasting trade by Colonial Legislature. [Colonial registry limited to ships trading to China:-No.10 of 1899 s. 3.] [32 & 33 Vict. C. 11.] Savings. [18 & 19 Vict. C. 104.]

Tonnage of ships of foreign countries adopting tonnage regulations. Tonnage Measurement. [Passenger ships of over 60 tons which have British or Colonial, or equivalent foreign, certificates of survey are exempted from the annual survey required by s. 10 of the Merchant shipping Ordinance, 1899.] Tonnage Measurement. Tonnage Measurement. Penalty for being on board ship without permission before seamen leave. Going on board without leave. Application of provisions of previous section to foreign ship. Going on board without leave. Deserters from foreign ships. Deserters. [15 & 16 Vict c. 26.] Deserters. Collision regulations. Observance of collision regulations. Collisions at Sea. Application of collision regulations to foreign ships. Regulations as to signals of distress. Collisions at Sea. Collisions at Sea.Rules as to life-saving appliances. [By the proviso to s. 13 of the Merchant Shidping Ordinance, 1899, the ships of those countries which have been exempted (by the Act of 1906) from these sections of the Act, are exempted from the provisions of s. 13 of the Ordinance]. Life-saving Appliances. Duties of owners and masters as to carrying life-saving appliances. Appointment of consultative committee for framing rules. Penalty for breach of rules. Life-saving Appliances. Survey of ship with respect no life-saving appliances. Life-saving Appliances. Deck-line and Load-line Certificates. Salvage payable for saving life. Salvage of life from foreign vessels. Life-salvage provisions. Application by Order in Council of provisions of Merchant Shipping Act to foreign ships. Provision as to colonial ships with respect to load-lines. Colonial Load-lines. Colonial certificates of competency. [Certificates of competency for masters, mates and engineers are granted in Hongkong under s, 4. Of the Merchant Shipping Ordinance, 1899.] Colonial Certificates of Competency. *[now. M. S. Act, 1894, s. 470 (3) and (4).] Colonial Certificates of Competency. [Cazette, 31st Oct., 1891.] Colonial Certificates of Competency. [I.e., the Order of 9th May, 1891, (ante p. 241) and the Orders there-in recited.] Colonial Certificates of Competency. Colonial Certificates of Competency. Colonial Certificates of Competency. Colonital Certificates of Competency. Power of Naval Court to send a person sentenced to imprisonment home or to a Colony to undergo sentence. Provisions for relief and maintenance of distressed seamen. [s. 41 contd.] Definition of of 'proper authority' and 'seamen'. Appointment of medical inspector, and regulations as to supply of anti-scorbutics in Colonies. [Powers exercised by s 8. Of No. 10 of 1899.] Application of Part II to Colony by Colonial Legislatures. [Poweres exercised by ss. 5, 8, 9, of No. 10 of 1899.] Conflict of laws. Definition of colonial voyage. Sanitary and other regulations by Order in Council. [s. 324 contd] Expenses of rescue asnd conveyance of wrecked passengers. Forwarding of passengers by Governors or consuls. Recovery of expenses incurred in conveying wrecked passengers and forwarding passengers. Emigration officers and assistants. [Emigration from Hongkong is regulated by the Chinese Emigration Ordinance, 1889, passed in virtue of the Chinese Passengers Act, 1855.] [s. 355 contd.] Modification of provisions of Part III in their application to British possessions. [see note to s. 355, supra.] Power of Governors as to number of steerage passengers. [see note to s. 355, supra.] Regultions substituted for schedules 10, 11, 12, 13, and 14 of principal Act. [s. 17 contd.] Authority for Colonial Court to make inquiries into shipping casualties and conduct of officers. [Marine coarts are established in the Colony by s. 19 of No.10 of 1899.] [s. 478 contd.] Appeal from decision on investigation as to shipping casualties. Right of Crown to unclaimed wreck. Application of penalties. Expenses of prosecution of misdemeanor. Prosecution of offences in British possession. Appointment of surveyors in Colonies. [Surveyors appointed by s. 10 (4) of No. 10 of 1899.] Power of Colonial Legislatures to alter provisions of Act. [Power exercised by s. 41 of No. 10 of 1899.] Regulation of coasting trade by Colonial Legislature. [Colonial registry limited to ships trading to China:-No.10 of 1899 s. 3.] [32 & 33 Vict. C. 11.] Savings. [18 & 19 Vict. C. 104.]

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