7

The Measurement, Ownership, and Registry of British Ships. if there are two, and by three owners if more than two, in order to obtain the registration and certificate of registration, must be made by all the owners (s. 38.). But if the declarant resides more than five miles from the port of registry, his declaration may be made before any registrar or Justice of the Peace (ib.), and a ship may be registered at any port, although her owners may not reside at or near to it. The port or place at which she is registered for the time being is to be considered her port of registry, or the port to which she belongs (s. 33.); and her registry may be transferred from one port to another upon the application of all parties appearing on the register to be interested in the ship (s. 89.).

(6.) Under the 8 & 9 Vict., c. 89. ss. 34, 35, 36, 37., an entry on the certificate of registry, as well as in the book of registry, was necessary to complete the title of a purchaser, and the security of a mortgagee, the date of such entry determining the priority between rival claimants. The new Act makes the register-book the sole evidence of title, and restricts the certificate of registry to the purpose of a document accompanying the ship, and identifying it as the ship of which it certifies the registry, by the particulars of its name, tonnage, build, description of its surveyor, and the names of its master and owners (s. 44.). The bond required by the 8 & 9 Vict., c. 89., to be given by the owners and masters, conditioned to the effect that the certificate of registry should be used solely for the service of the vessel, and should be given up or cancelled in certain events, is no longer required. But severe penalties are enacted for effecting the same objects, and for ensuring an indorsement on the certificate of any change of owners or master (ss. 45, 46.). And if any ship becomes the property of persons qualified to be owners of British ships at any foreign port, the British consular officer resident at such port may, upon the application of the master, grant him a provisional certificate, which shall possess the same force as a certificate of registry until the expiration of six months, or until such earlier time as the ship arrives at some port where there is a British registrar (s. 54.).

(7.) The new Act contains provisions relative to the transfers of ships and shares therein (s. 55.), and to transmissions or devolutions of title in consequence of death, bankruptcy or insolvency, which latter (ss. 58 to 64.) are borrowed from the Companies' Clauses Consolidation Act. And if by death or marriage of a female owner the property in any ship, or share therein, becomes vested in a person not qualified to be the owner of a British registered ship, such person may on application obtain from the Court of Chancery in England or Ireland, the Court of Session in Scotland, or a Court possessing the principal civil jurisdiction in any British possession, an order for the sale of the ship and the appropriation of its proceeds (s. 62.). The Court may add such terms or conditions to the order as it thinks fit (ib.), and vest the right to transfer the ship in its nominee, as if he were the registered owner (s. 63.).

(8.) As respects mortgages of ships, there is one important alteration the policy of which may be matter of question. Under the provisions of the Act now in force, and of the Acts which it superseded, a mortgagee whose mortgage is "expressed and stated" in the book of registry, and on the certificate of registry, is not to be deemed the owner, nor is the mortgagor to be deemed to have ceased to be the owner, except so far as may be necessary for the purpose of rendering the ship, or shares therein, available, by sale or otherwise, for payment of the mortgage debt (a). And the Act having provided that a transfer by way of mortgage or security for debt shall be indorsed as such upon the certificate which accompanies the ship, and which may always be inspected by any person with whom the master who has charge of it may have occasion to deal, proceeds to exempt the interest of the mortgagee, in the event of the bankruptcy of the mortgagor, from the operation of the clause in the Bankrupt Laws relating to the possession, order, and disposition, as reputed owner, by a bankrupt, of property belonging to another (b). By reference (a) 8 & 9 Vict. c. 89. s. 45. (b) Sect. 46.

to the register at the ship's home, and by insisting on a sight of the certificate of registry elsewhere, a tradesman or lender has thus the means of learning what amount of beneficial property the apparent owner has in the ship. The certificate of registry under the new Act will afford no such information.

Mortgages are to be recorded in the order of their production (s. 67.) to the registrar, and have priority according to their dates (s. 69.). The Act also contains provisions for the sale of the ship by its mortgagee (s. 71.), the transfer (s. 73.), discharge, and transmission of mortgage interests (s. 74.), and the entry of them in the register-book (ss. 68. 73. 75.).

(9.) Registry de novo is now required upon every change of owners. By the new Act the registrar, at the desire of the owners, is empowered, on any change of ownership in the ship, to make registry anew (s. 88.), but such registry is not required to be made in any case but that of an alteration in the ship itself (ss. 84, 85.). With the object, it is presumed, of facilitating the sale of ships, their registers may be transferred from one port to another upon the application of all parties, whether owners or mortgagees, appearing on the register to be interested in them (s. 89.).

(10.) The remaining sections of this part (ss. 92 to 108.) contain a variety of regulations respecting the inspection of registry-books (s. 92.), the fees (s. 95.) indemnities (s. 93.), and duties of registrars in exceptional cases (s. 97.), provision for cases of infancy and incapacity (s. 99.), the grant of passes for unregistered ships in special circumstances (s. 98.), the liability to penalties of persons interested otherwise than as mortgagees in ships, though not registered as owners (s. 100.), the forgery, and admission in evidence, of documents and certified copies of them (s. 101.), and the national character of ships (ss. 102 to 106.), most of which are now for the first time enacted. Among these the more noticeable are the following:

Any declaration or thing required by the Act to be made or done by a person interested in a ship, which he is incapable, by reason of infancy, lunacy, or other inability, from making or doing, may be made or done by his guardian or committee; or, if there be no guardian or committee, by any person appointed by any Court having jurisdiction in respect of the property of incapable persons (s. 99.).

Persons beneficially interested in ships otherwise than as mortgagees, although not registered as owners, are declared liable, separately or jointly with the registered owners, to all pecuniary penalties enforced by this Act, or any other Act, on the owners of ships or shares therein (s. 100.).

No officer of Customs shall grant a clearance or transire for any ship until the master has declared to such officer the name of the nation to which he claims that she belongs, and such officer shall thereupon inscribe such name on the clearance or transire (s. 102.).

The doing or permitting of anything, or the carrying or permitting to be carried any papers or documents, with intent to conceal the British character of a ship from persons entitled by British law to inquire into the same, or the fraudulent assumption of a foreign character, with intent to deceive any such person, will subject the ship to forfeiture, and render the master, if privy to the commission of such an offence, guilty of a misdemeanour (s. 103.).

The like forfeiture attaches to the acquisition, by any unqualified person (except in the case of transmitted interests), of any interest, legal or beneficial, in a ship using a British flag and assuming the British character (ib.).

Whenever it is declared by this Act that a ship belonging to any person or body corporate, qualified, according to this Act, to be the owner of British ships, shall not be recognised as a British ship, such ship shall not be entitled to any benefits, privileges, advantages, or protection, usually enjoyed by British ships, and shall not be entitled to use the British flag or assume the British national character;

but so far as regards the payment of dues, the liability to fines and penalties, and the punishment of offences committed on board such ship, or by any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognised British ship (s. 106.).

Registers and declarations may be proved by the production of the originals, by examined copies, or by copies purporting to be certified under the hand of the registrar or other person having the charge of the original (s. 107.).

seamen

PART III.

MASTERS AND SEAMEN.

THIS Part embraces an extensive range of regulations relating to the application. of its various provisions to different descriptions of ships-to the system and constitution of Local Marine Boards and shipping offices, first introduced by the Mercantile Marine Act, 1850-the examination and grant of certificates of competency to masters and mates-the apprenticeship of boys to the sea servicethe engagement of seamen-the allotment, discharge, payment, and remittance of seamen's wages—the establishment of savings' banks for seamen-their legal rights to wages-the mode of recovering them the relief to be given in certain cases to seamen's families out of the poor-rates-the wages and effects of deceased -the volunteering of seamen into the navy-provisions, health, and accommodation of seamen-their right to go ashore to make complaint against the master or any of the crew- their discipline and protection from impositionnaval courts on the high seas and abroad-crimes committed on the high seas and abroad-the registration of and returns of seamen, and the keeping of official logs. It consists in the main of a succinct and methodical re-enactment of the provisions relating to the same subjects in the General Merchant Seamen's Act (1844), 7 & 8 Vict. c. 112.'; the Mercantile Marine Act (1850), 13 & 14 Vict. c. 93; the Mercantile Marine Act Amendment Act (1851), 14 & 14 Vict. c. 96.; the Seamen's Fund Winding-up Act (1851), 14 & 15 Vict. c. 102.; and the Merchant Shipping Law Amendment Act (1853), 16 & 17 Vict. c. 131. The following (as respects practical matters) appear to be the most noticeable alterations of the existing law:

Examinations are to be instituted by the Local Marine Boards for persons intending to become masters of home-trade passenger ships, as well as of foreigngoing ships (s. 131.).

The Board of Trade may from time to time lay down rules as to the conduct of such examinations and the qualifications of the applicants (s. 132.).

Certificates of competency may be granted by the Board of Trade on the report of the local examiners, and the Board has power to remit for re-examination any applicant respecting whom it has reason to believe a report to have been unduly made (s. 134.).

Certificates of competency are not, as in some cases, under 13 & 14 Vict. c. 93. s. 20., to be granted to any officers who have not passed the examination, but certificates of service may be in certain cases (ss. 134, 135.).

A certificate for a foreign-going ship will entitle the holder to service in a hometrade passenger ship, but not vice versâ (s. 137.).

Fraudulently lending a certificate is added to the list of offences (s. 140.).

No foreign-going ship or home-trade passenger ship, if of one hundred tons burden or upwards, shall go to sea from any port in the United Kingdom unless at least one officer besides the master has obtained and possesses a valid certificate appropriate to the grade of only mate therein, or to a higher grade (s. 136.).

Any persons who are bonâ fide the servants of, and in constant employ of the

The number and description of the crew of every ship, except ships of less than eighty tons' register, exclusively employed in the coasting trade (a point of great importance to a seaman offering himself for employment), specifying how many are engaged as sailors, are to be stated in the agreements to be made with seamen (s. 149.).

Where several home-trade ships belong to the same owner, the agreement with the seamen may be made by the owner instead of by the master, and the seamen may be engaged to serve in any two or more of such ships, provided that the names of the ships and the nature of the service are specified in the agreement (s. 156.).

Seamen engaged in any British possession other than that to which the ship belongs are to be engaged before a shipping master or other officer duly appointed for the purpose of shipping seamen, or, if there be no such officer or shipping master, before some officer of Customs (s. 159.).

Seamen who having signed agreements are discharged without fault justifying such discharge, or without their consent, before the commencement of a voyage, or before one month's wages are earned, shall be entitled to receive and to recover as wages, in addition to any wages they may have earned, compensation for the damage caused to them by such discharge, not exceeding one month's wages (s. 167.).

The provisions of the 8 & 9 Vict. c. 116, 13 & 14 Vict. c. 93., and 14 & 15 Vict. c. 96., relating to advances of wages, which, with some modification, had formed part of the Bill as first introduced, have been omitted.

Allotment notes, the drawing of which has been authorised by the owner or his agent, in favour of the wife, father, mother, grandfather, grandmother, child, grandchild, brother or sister, of any seaman, may be sued upon by the allottee in the County Court, or in the summary manner provided by the Act, for the recovery by seamen of wages, not exceeding fifty pounds; and the seaman shall in such proceeding be presumed to be duly earning his wages, unless the contrary be shown by evidence of the description mentioned in the Act, or other evidence satisfactory, in its absolute discretion, to the Court. But a wife who deserts her children, or so misconducts herself as to be undeserving of support from her husband, shall forfeit all right to further payments under any allotment of his wages which has been made in her favour (s. 169.).

Facilities may be given, if the Board of Trade so directs, for remitting seamen's wages to their relatives or other persons, by means of money-orders paid by shipping masters (s. 177.).

The Commissioners for the Reduction of the National Debt, or the ComptrollerGeneral acting under them, may, on the application and recommendation of the Board of Trade establish Savings-Banks at such ports and places within the United Kingdom as may appear expedient, for the receipt on account of seamen, or the wives and families of seamen, of deposits to an amount not exceeding one hundred and fifty pounds in the whole in respect of any one depositor (s. 180.). The old rule that "Freight is the mother of wages is entirely done away. Every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same, notwithstanding that freight has not been earned; but in all cases of wreck or loss of the ship, proof that he has not exerted himself to the utmost to save the ship, cargo, and stores shall bar his claim (s. 183.).

The wages, in such cases, if the seaman dies before the same are paid, shall be paid and applied in the manner specified by the Act with regard to the wages of seamen who die during a voyage (s. 184.).

Where the service of a seaman terminates by the wreck or loss of the ship, or by his being left on shore at any place abroad, under a certificate of his unfitness

or inability to proceed on the voyage, he will be entitled to wages for the time of his service (s. 185.).

The time for payment of wages of foreign going ships (except ships employed in the Southern whale fishery, or on voyages for which, by the terms of their agreement, seamen are wholly compensated by shares in the profits of the adventure), is to be three days after delivery of cargo, or five days after the seaman's discharge, whichever first happens (s. 187.).

The power of recovering wages summarily is extended from 20l. to 50l. (s. 188.).

The master is to have the same rights, liens, and remedies for the recovery of his wages as the seaman; and if any right of set-off or counter-claim is set up in a Court of Admiralty against the master's claim to wages, it shall be lawful for such Court to settle the accounts between the parties, adjudicate upon all questions, and direct the payment of any balance which may be found to be due (s. 191.).

Relief given to the wife, children, and stepchildren of a seaman, by any parish or union to which they have become chargeable, is to be reimbursed out of his wages, to an extent not exceeding two thirds of their amount (ss. 192, 193.).

Provision is made, in the case of a ship not returning at once to the United Kingdom, for payment of the wages of seamen who have died, to the British Consular Officer, or Officer of Customs, should they require it, or, if not, for their payment by the master within forty-eight hours after his arrival at his port of destination in the United Kingdom, to the shipping master there. Also for a complete account of the effects, money, and wages of any such seaman, in which no deduction shall be allowed, but such as are verified by entries in an official log book or by such other vouchers as may be reasonably required (s. 195.).

Wages and effects of seamen dying at home, of whatever amount, are to be paid and delivered to the shipping-master of the port of discharge, or to the Board of Trade, as it directs (s. 198.).

A large discretion is given to the Board of Trade as to the payment and delivery of wages and effects to persons claiming under wills of seamen, unless in writing, and made and attested in the manner, and by the persons, prescribed by the Act; and whenever any claim under a will is rejected on this ground, the wages and effects of the deceased are to be dealt with as if no will had been made (s. 200.).

Creditors of a deceased seaman are not to obtain a right to claim from the Board of Trade his wages and effects by taking out letters of administration, or by virtue of confirmation in Scotland as executor creditor, nor by any means whatever, if the debt accrued more than three years before the demand is made, or is not claimed within two years after the death of the deceased (s. 201.).

The steps to be taken by a creditor for obtaining payment of his debt are prescribed (s. 201.). The Board of Trade is to have power to require full proof of the debt with vouchers, and to disallow the claim if not established. It may also delay the investigation of any demand made by a creditor for a year, in order to give legatees and relations the opportunity of disputing the claim. And if the Board pays to a legatee or relation, the creditor shall have the same rights and remedies against such person, as if he or she had received the same as the legal personal representative of the deceased (s. 201.).

For the enactments relating to the leaving of seamen abroad-volunteering into the navy-provisions, health, and accommodation-and the protection of seamen from imposition, the reader is referred to the Statute.

The right of demanding to be set on shore, in order to make complaint to some legal authority, which was given by the 7 & 8 Vict. c. 112., s. 43., to apprentices, is extended to seamen, who are to be allowed to go or be sent on shore in proper custody for this purpose, so soon as the service of the ship will permit