Power to Appliances for saving life at Sea. 3-(1.) The Board of Trade may, from time to time, make rules as make, rescind, and vary rules with respect to all or any of the matters mentioned in the Second Schedule to this Act. to life saving appliances. Penalty for breach of rules. 17 and 18 (2.) All rules made under this Act shall have effect as if they had been enacted in this Act, and shall be judicially noticed. (3.) All rules made under this Act shall be laid before Parliament within three weeks after they are made, if Parliment be then sitting, and if Parliament be not sitting, within three weeks after the beginning of the then next meeting of Parliament, and shall not come into operation until they have lain for forty days before both Houses of Parliament during the Session of Parliament. -(1.) In any of the following cases, namely : (a) If any ship, required by rules under this Act to be provided with appliances for saving life at sea, proceeds on any voyage or excursion without being so provided, in accordance with the rules applicable to the ship; or (b.) If any of the appliances with which she is so provided are lost or rendered unfit for service in the course of the voyage through the wiltul fault or negligence of the owner or master; or (c.) If, in case of any such appliances being lost or injured in the course of the voyage, the master wilfully neglects to replace or repair the same on the first opportunity; or (d.) If such appliances are not kept so as to be at all times fit and ready for use, then, if the owner appears to be in fault, he shall incur a penalty not exceeding one hundred pounds, and if the master appears to be in fault, he shall incur a penalty not exceeding fifty pounds. (2.) Penalties incurred under this section may be recovVict., c. 101. ered and dealt with in manner provided by the Merchant. Shipping Act, 1854, and the Acts amending the same with respect to penalties incurred under those Acts. Provisions for enforcing rules. 5. In order to enforce compliance with the rules made under this Act the following steps may be taken, namely: Appliances for saving life at Sea. (a.) Any surveyor appointed under the Fourth Part of the Merchant Shipping Act, 1854, or any such other person as the Board of Trade may appoint for the purpose, may inspect a ship for the purpose of seeing that the ship is properly provided with appliances for saving life at sea in pursuance of the rules, and shall for that purpose have all the powers given to inspectors by section fourteen of the Merchant Shipping Act, 1854: (b.) If any such surveyor or person finds that any ship is not so provided, he shall give to the master or owner notice in writing, pointing out the deficiency and also what is in his opinion requisite to remedy the same. (c.) Every notice so given shall be communicated, in such manner as the Board of Trade may direct, to the Collector of Customs at any port in which the ship may seek to clear or at which her transire is to be obtained, and a collector to whom any such communication is made shall not clear a ship outwards. or grant her a transire, or allow her to proceed to sea, without a certificate under the hand of one of the said surveyors or persons appointed by the Board of Trade as aforesaid, to the effect that the ship is properly provided with appliances for saving life at sea in pursuance of the rules. 6. The rules made under this Act shall not apply to any Saving as to sea-fishing boat which is, for the time being, registered in sea-fishing pursuance of the Sea Fisheries Act, 1868. boats. Vict., c. 45. 7.-(1.) Nothing in. this Act shall prevent any person Saving as to from being liable under any other Act, or otherwise, to any offences under other or higher penalty or punishment than is provided for an offence by this Act. Provided that a person shall not be punished twice for the same offence. (2.) If the court before which the person is charged with an offence punishable by virtue of this Act thinks that proceedings ought to be taken against him for the offence under any other Act or otherwise, the court may adjourn the case to enable such proceedings to be taken. S. As from the date at which the first rules made under Repeal. Construction Short Title Section 2. Appliances for saving life at Sea. the Third Schedule to this Act shall be repealed to the Provided that this repeal shall not affect- (a.) The past operation of any enactment hereby repealed; nor (b.) Anything duly done or suffered thereunder; nor— (d. Any legal proceeding in respect of any such penalty, 9. Expressions used in this Act shall have the same 10. This Act may be cited as the Merchant Shipping SCHEDULES. FIRST SCHEDULE. Constitution of the Committee. (1.) Three shipowners selected by the Council of the (2.) One shipowner selected by the Shipowners' Associa- (3.) Two shipbuilders selected by the Council of the (4.) Three persons practically acquainted with the navi- (5.) Three persons being or having been able-bodied (6.) Two persons selected conjointly by the Committee of Appliances for saving life at Sea. Section 3. SECOND SCHEDULE. Matters for which the Rules are to provide. (1.) The arranging of British ships into classes, having (2.) The number and description of the boats, life-boats, (3.) The quantity, quality, and description of buoyant Session and THIRD SCHEDULE. Enactments Repealed. Short Title. Extent of Repeal. 17-18 Vic., c. 104.. Merchaut Shipping Act, 1854... Sections two hundred and 18-19 Vic., c. 119... Passengers' Act, 1855... ninety-two, two-hundred and Section twenty-seven from the 36-37 Vic, c. 85. ... Merchant Shipping Act, 1873... Section fifteen. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer (for Canada) to the Section 8. |