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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.
31 and 32

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
of Act.

Short Title

Section 2.

Appliances for saving life at Sea.

the Third Schedule to this Act shall be repealed to the
extent therein mentioned.

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—
(c.) Any penalty, forfeiture, or punishment incurred in
respect of any offence committed against any enact-
ment hereby repealed; nor-

(d. Any legal proceeding in respect of any such penalty,
forfeiture, or punishment.

9. Expressions used in this Act shall have the same
meaning as in the Merchant Shipping Act, 1854, and the
Acts amending the same.

10. This Act may be cited as the Merchant Shipping
(Life Saving Appliances) Act, 1883.

SCHEDULES.

FIRST SCHEDULE.

Constitution of the Committee.

(1.) Three shipowners selected by the Council of the
Chamber of Shipping of the United Kingdom.

(2.) One shipowner selected by the Shipowners' Associa-
tions of Glasgow, and one shipowner selected by the Liver-
pool Steamship Owners' Association and the Liverpool
Shipowners' Association conjointly.

(3.) Two shipbuilders selected by the Council of the
Institution of Naval Architects.

(4.) Three persons practically acquainted with the navi-
gation of vessels selected by the shipmasters' societies
recognized by the President of the Board of Trade for this
purpose.

(5.) Three persons being or having been able-bodied
seamen selected by seamen's societies recognized by the
President of the Board of Trade for this purpose.

(6.) Two persons selected conjointly by the Committee of
Lloyd's, the Committee of Lloyd's Register Society, and the

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
regard to the services in which they are employed, to the
nature and duration of the voyage, and to the number of
persons carried.

(2.) The number and description of the boats, life-boats,
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 construction; 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, such methods may include oil for use in
stormy weather.

(3.) The quantity, quality, and description of buoyant
apparatus to be carried on board ships carrying passengers,
either in addition to or in substitution for boats, life-boats,
life-rafts, life-jackets and life-buoys.

Session and
Chapter.

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
ninety-three, and two hun-
dred and ninety-four, except
so far as they relate to sea-
fishing boats registered in
pursuance of the Sea Fisher-
ies Act, 1868.

Section twenty-seven from the
beginning of the section to
"immediate use at sea."

36-37 Vic, c. 85. ... Merchant Shipping Act, 1873... Section fifteen.

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer (for Canada) to the
Queen's Most Excellent Majesty.

Section 8.

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