ADMINISTRATION OF THE ACT BY GOVERNMENT DEPARTMENTS.

PART XIV.-Supplemental.

xxxi

The fourteenth and last part of the act provides that the Board of Trade Board of Trade shall have the general superintendence of matters relating to merchant control. shipping and seamen, and the power to enforce the acts relating thereto except with respect to questions of revenue.

The appointment and powers of the Board of Trade surveyors and Officers. inspectors are also contained in this part, as also is the highly important interpretation section (sect. 742), which (with the other sections containing definitions which are referred to in the notes to that section), forms a dictionary to the act.

ADMINISTRATION OF THE ACT BY GOVERNMENT DEPARTMENTS.

Trade.

As appears from the foregoing summary, the Board of Trade is charged The Board of with the administration of nearly every portion of the act. With the exception of the provisions as to delivery of goods in Part VII., and as to the liability of shipowners in Part VIII., there is scarcely a section which does not directly or indirectly affect that Board.

to increase

powers of that

The policy of the acts passed since the parent act of 1854, has been Policy of acts to increase the powers of the Board of Trade both as to matters new to the Statute Book and also at the expense of other Departments. An Board. instance of the former class is afforded by the provisions as to Inquiries into Casualties, and as to Load Line and Grain Cargoes, and of the latter by the transfer of the superintendence of Measurement and Survey from the Customs to the Board of Trade, and of the powers as to emigration and emigration officers from the Secretary of State, and the Emigration Commissioners to that same Board.

A complete and detailed reference to the various powers of the Board of Trade is, it is hoped, afforded by the Index at the end of this volume (b), but it may be useful to recapitulate here the powers of administration possessed under the act by other Departments.

Powers deindex.

tailed in the

The Admiralty are concerned jointly with the Board of Trade, in the The Admiralty. issue of the Regulations for preventing Collisions. The other provisions of the act in which they are directly interested relate to salvage by H.M.'s Ships, to volunteering into the Navy, to Seamen's Savings Banks, and to carriage of Naval stores by emigrant ships. They are also concerned with the powers given by the act to Naval officers of detaining ships, seizing illegal colours, acting as receivers of wreck and as members of a naval court. A lieutenant in the navy is entitled to a certificate as master of a foreign-going ship, without examination.

The War Office are concerned with the restriction on the carriage of War Office. military stores by emigrant ships, and with the powers conferred on

military officers of detaining ships, seizing illegal colours, and acting as

receivers of wreck.

The Board of Customs are charged with the preparation of various The Customs. documents relating to registration, and their officers are given for many purposes the same powers as those of the Board of Trade.

The Secretary of State has power, under the act, to authorise the The Secretary carriage of naval and military stores in emigrant ships, and as to the

(b) See heading "Board of Trade" in that index.

of State and the Home Office.

The Foreign
Office.

The Colonial and India Offices.

The Local
Government
Boards.

National debt commissioners.

The Treasury.

defrayment of the expenses of wrecked passengers. With the Secretary of State rests the power of approving bye-laws for the regulation of the docks and harbours from which emigrant ships are despatched, the approving of lists of assessors, and scientific referees for formal investigations into shipping casualties and for courts of survey, and the appointment of the judge and registrar of courts of survey. With him, too, lies the power of making rules as to certain appeals from pilotage authorities and of approving the scale of costs in certain salvage cases. The Foreign Office are, through their Consuls, somewhat largely interested in various provisions of the act: detailed reference to the powers of Consuls under the act, is afforded by the heading "Consular Officer " in the Index.

They are also more directly concerned with the extension of various provisions of the act, by Order in Council to ships of foreign powers. In connection with consular jurisdiction, they are also concerned with the extension to the large territories now governed by the Crown under the Foreign Jurisdiction Acts, of various portions of the legal provisions in Part XIII. of the act.

The Colonial Office and the India Office are similarly concerned with the Orders in Council, extending to various British Possessions provisions of the act which are not otherwise applicable; references to these Orders in Council are given in the notes to the sections of the act which authorise their issue. Those Departments are also concerned with the powers possessed by the Colonial Legislatures, and by the GovernorGeneral in Council of applying or varying certain portions of the act (a). The Governor-General in Council has power by act to apply the provisions relating to emigrant ships to voyages from British India (b). With these Secretaries of State rests the power of confirming the regulations made by Colonial Governors and the Governor General, as to terminable certificates of registry for small ships in British Possessions. The Secretary of State for India in Council is also charged with the relief of destitute lascars.

The Local Government Board have certain powers as to the apprenticeship of paupers to the sea-service, and the consent of that Board is necessary to the grant of certain sites for sailors' homes.

The National Debt Commissioners are only once mentioned in the act -in connection with the subject of Seamen's Savings Banks.

Last but not least, the Treasury are concerned with the various financial provisions, more especially with those relating to the Mercantile Marine Fund, and to the presentation and audit of accounts.

(a) The following is a list of acts and ordinances passed by colonial legislatures in accordance with provisions now reproduced in ss. 264 and 735 of the act of 1894, applying or varying certain portions of the former Merchant Shipping Acts. Such acts have the same effect in relation to the corresponding provisions of the act of 1894 as they had on the provisions of the former acts :-Barbados, No. 54 of 1891-2; Canada, Revised Statutes, Nos. 72, 73, 74, 77, No. 40 of 1891, and No. 22 of 1893; Cape of Good Hope, No. 13 of 1855, No. 3 of 1863, No. 13 of 1874; Ceylon, No. 7 of 1863; Hong Kong, No. 26 of 1891; Newfoundland, Consolidated Statutes, No. 97; New Zealand, No. 54 of 1877; South Australia, No. 237 of 1881; Straits Settlements, No. 1 of 1859; Tasmania, No. 7 of 1859; Trinidad, No. 8 of 1883; Victoria, No. 1165 of 1890.

(b) By act No. XII. of 1885 certain parts of the Passengers Act, 1855, as amended by the Passengers Act, 1863, were made applicable to the carriage of passengers upon certain voyages. This act has now [see s. 735 (2)] the same effect upon ss. 332-335 of the act of 1894 as it had upon the applied portions of the former Passengers Acts.

LIST

OF THE PRINCIPAL PARLIAMENTARY PAPERS RESPECTING

MERCHANT SHIPPING.

[The following list has been arranged as far as may be to correspond with the Parts of the Act which deal with the subjects reported on.]

EXPLANATION OF REFERENCES.

The figures and numerals following each entry refer to the session, to the number at the foot of each paper, and to the price at which it can be obtained at Messrs. Eyre & Spottiswoode's, East Harding Street, Fetter Lane, E.C.: thus, in 1871 [C. 287], Price 3d." 1871 refers to the Session, and [C. 287] to the number at the foot of the paper. Papers presented by Command are distinguished thus, [C. 6606]. The House of Lords Papers are distinguished by the letters H. L.: thus, 1893 (H. L. 150). In the case of Annual Returns (which are distinguished by **) only the most recent is referred to.

GENERALLY.

Memorandum showing the alterations which would have been made in the then existing law by the Merchant Shipping Codes, 1870 and 1871 [C. 287]. Price 3d.

[Those Bills failed to pass into law.]

Returns and opinions of H. M.'s Consuls on certain points connected with shipping, 1872 [C. 630]. Price 18. 10d.

Report to the Board of Trade on recent legislation concerning Merchant Ships and Seamen, 1876 [C. 1398]. Price 3d.

** Tables showing the progress of British Merchant Shipping, 1893-4 (222). Price 5d.

[These annual tables show the tonnage of British and foreign shipping cleared, wages, number of apprentices, analysis of crews and details as to money orders, &c.]

PART I.-Registry.

a. Registry.-Report of the Board of Trade Committee on the Merchant Shipping (Transfer, &c. of Registry) Bill, 1887 (261). Price 1d.

b. Tonnage Measurement.]-Report from the Select Committee of the Commons on the Merchant Ships (Measurement of Tonnage) Bill. [Comprises the proceeding of the Committee, Minutes of Evidence and Appendix.] 1874 (309). Price 58. 6d. ; Index, Price, 7d.

M.S.A.

Report of Commissioners appointed to enquire into the present operation of the law for the Measurement of Tonnage. 1881 [C. 3074], Price 6d.; Evidence Taken, 1881 [C. 3074—I.]. Price 1l. 88.; Digest of Evidence, 1882 [C. 3380]. Price 18. 3d.

Report from the Standing Committee on Trade on the Merchant Shipping (Tonnage) Bill with the proceedings, 1889 (218). Price 2d.

c

PART II.-Masters and Seamen.

a. Payment of Wages. See sects. 131-139 of the Act of 1894.]-Papers relative to stipulations in agreements with crew as to rate of exchange at which they are to be paid off in India and elsewhere.

of 1894.] 1888 (181). Price 1s. 8d.

[See sect. 139 of the Act

b. Money Orders and Savings Banks. See sects. 145-154 of the Act of 1894.]* * Annual Return relating to Seamen's Savings Banks, Money Orders, and Transmission of Wages, 1893-4 (460). Price 1d.

[This return, which is issued annually under a provision now reproduced in sect. 152 of the Act of 1894, shows the total amount of deposits, and the number and amount of seamen's money orders issued and paid from 1855 to 1893, and the receipts and payments as to transmission of wages from 1878 to 1893.]

c. Discipline. See sects. 220-238 of the Act of 1894.]-Return of all seamen imprisoned for breaches of discipline in years 1880-1884 inclusive. 1886 (106-sess. I.). Price 2d.

d. Local Marine Board. See sect. 244 of the Act of 1894.]-Return of the names and descriptions of the members of all the Local Marine Boards: 1890 (372). Price 1d.

[Since the date of this return a Marine Board has been constituted at Cardiff.]

PART III.-Passenger and Emigrant Ships.

Passengers' Accommodation.]—Report to the Board of Trade with regard to the accommodation of deck passengers on home-trade passenger steamships: 1878 (49). Price 1d.

PART V.-Safety.

a. Prevention of Collisions. See sects. 418-424 of the Act of 1894.]-Correspondence concerning the Rule of the Road at Sea, 1868-9 (115). Price 38.

Report of Board of Trade Committee upon representations made by persons interested in trawling and drift-net fishing vessels with respect to the new Regulation for Preventing Collisions, 1880 [C. 2508]. Price 28.

Summary of the Protocols and final Act of the Washington International Marine Conference, the Regulations for preventing Collisions, 1890 [C. 6050]. Price 5d.; 1890 [C. 6133]. Price 28. 11d.; 1890-91 [C. 6255]. Price 2s. 3d. Index, 1892 [C. 6664]. Price 6d.

Report of Board of Trade Committee on the alterations in the Regulations for preventing Collisions, recommended by the Washington International Marine Conference, 1890–1891 [C. 6293]. Price 24d. Further Report 1892, [C. 6833]. Price 24d.

b. Life-saving Appliances. See sects. 427-431 of the Act of 1894.]-First Report of Royal Commission on Loss of Life at Sea, 1884-5 [C. 4577]. Price 10s. 6d.

Final Report, 1887 [C. 5227]. Price 7d. Minutes of Evidence. Price 48. 3d. Digest of Evidence. Price 18.

Report from the Standing Committee on Trade on the Merchant Shipping (Life-saving Appliances) Bill, 1888 (318). Price 1d.

Report to the Board of Trade by the Committee appointed under the Merchant Shipping (Life-saving Appliances) Act, 18ss. 1889 (226). Price 1d.

c. Signals.]—Report of Board of Trade Committee on the subject of a Code of Signals to be used at Sea, 1857, sess. I. [C. 2194]. Price 2d.

Report of the Trinity House on experiments on Fog Signals in connection with dangerous navigation, 1864 (125). Price 3d.

Report to the Board of Trade of the International Code of Signals Committee, 1889 [C. 5695]. Price 4d. 2nd Report, 1892 [C. 6836]. Price 3d.

d. Combustion of Coal.]—Report of Royal Commission as to spontaneous Combustion of Coal in Ships, 1876 [C. 1586-I.]. Price 38.

e. Load-line. See sects. 436-439 of the Act of 1894.-Regulations in foreign countries as to overloading of ships, 1874 (133). Price 5d.

Report to the Board of Trade of the Load-Line Committee, 1884—5 [C. 4566]. Price 3d.

[Recommending the adoption of a compulsory load-line.]

f. Unseaworthy Ships. See sects. 457-463 of the Act of 1894.]-Reports of the Royal Commission on the alleged Unseaworthiness of British Registered Ships. Preliminary Report, Vol. I., 1873 [C. 853]; Vol. II., 1873 [C. 853-I.]. Final Report, Vol. I., 1874 [C. 1027]. Price 24d.; Vol. II., 1874 [C. 1027-1.]. Price 12s. 6d.; Vol. III., 1874 [C. 1027—II.].

Price 6d.

[These Reports deal with overloading, load-lines, deck-cargoes, survey, Lloyd's, Salvage Associations, Mutual Insurance, Board of Trade inquiries, defective construction, tonnage measurement, shipowners' liability, and undermanning.

**Return of all ships ordered by the Board of Trade to be provisionally detained as unsafe from July 1, 1892, to June 30, 1893; with summaries, 1893-4 [C. 7082]. Price 2d.

PART VI.-Shipping Inquiries and Courts.

** Abstract of the returns made to the Board of Trade of Shipping Casualties which occurred on or near the coasts and harbours of the United Kingdom and elsewhere, from July 1st, 1891, to June 30th, 1892, &c., 1893-4 [C. 7069]. Price 48. 6d.

[This annual return contains tables of casualties from 1876-771891-92, list of casualties of the year 1891-92, charts showing where casualties took place.]

PART IX.-Wreck.

Foreign laws.-Reports on the laws of foreign countries relating to shipping disasters, 1873 (153).

[Relates to the laws of Germany, France, Italy, Austria, United States.]

PART X.-Pilotage.

Returns recently made to the Board of Trade by the pilotage authorities of the United Kingdom. [Comprises answers to questions as to number of pilots, pilot fund, rates of pilotage, earnings of pilots, and number of masters' and mates' certificates.] 1888 (94). Price 11d.

Report from the Select Committee on Pilotage.

[Contains the proceedings, evidence, &c.] 1888 (324). Price 3d. Report from the Standing Committee on Trade on the Merchant Shipping (Pilotage) Bill, with the proceedings, 1889 (239). Price 1d. **Abstract of Returns relating to pilots and pilotage in the United Kingdom for 1892. 1893-4 (263). Price 1s. 5d.

[These annual returns show the limits of districts, whether pilotage is compulsory or no, names and ages of pilots and apprentices, byelaws, rates and receipts and expenditure. A Table compiled from the information contained in these returns is printed as Appendix No. 14 to this volume.]