THE MERCHANT SHIPPING ACT, 1876.

New Zealand Times, Volume XXXI, Issue 4908, 14 December 1876, Page 4

THE MERCHANT SHIPPING ACT, 1876.

The Merchant Shipping-Act, 1876, which came into operation in October: last, is worthy of some little attention. The agitation of Mr, Plimsoll, on • behalf of the mercantile marine, resulted :in Imperial; legislation,’ which, owing to a powerful opposition, might he termed of a patchwork character ; and this last Act of the British Parliament consolidates - and amends all the previous statutes'::bearing* oh 'the subject. The sending! of /British ships to sea in an ; unseaworthy' condition is now a misdeand any ;one i who .attempts, or is a party to, sending. Away a ship' in such condition, and also masters- who: cannot show that their action was - reasonable and justifiable under the circumstances, are made guilty of a similar offence; Prosecutions- in ; the colonies are to-be instituted with the permission, of the Governor, and ’ho; such . misdemeanors as aforesaid can be punished summarily. Owners are put. under .new : obligations to use reasonable , means as to f proper. 1 loading, equipment, seaworthiness, &c., for the benefit of the crow. Provision is made tor the detention of unsafe ships, and the inode of procedure as prescribed; also for the detention of-'foreign ships in British porta, the procedure being of somewhat a similar nature'. One of the most important clauses of -the Act is that : which provides for : the : constitution of what ■ may beoalled a Board of/-Scientific-' Referees. When difficult. cases, requiring:: scientific advice, have to, be decided,'one 6r-more scientific referees may be appointed by the Board of Trade, subject to the approval of a Secretary of State, and the referee or referees shall have the same power.-as a Judge of a Court of ' Survey. -.iNo passenger certificate ; is required by steamers .which do not carry more than twelve passengers, aud colonial, certificates for pas; sengersteamers are placed uprtn an equal footing with those issued in the United providing that the modus operandi of - survey is the same as that adopted ;m-the United Kingdom. Owners of passenger steamers or emigrant ships are made liable to a penalty of £IOO it they appear in fault, and'masters to a penalty of £SO if they sue infault, if- a vessel goes to sea unprovided with the means-of making signals of distress :at night', in: accordance" with the Ist schedule of the:Shipping,Acl, 1873. : She must have lights, that' will ’bum in water, and can be attached to life buoys. Grain' and deck eargoes : are/also dealt: with. Grain of any kind must be either stowed in bags, sacks,or harrels,!or, if in buik. be secured hy shifting hoards,'bulkheads, &o. ' Penalty for non-com-pliance, £3OO. The space occupied by deck cargoes is liable to tonnage dues, and the tonnage of such space shall be; ascertained by an ‘officer of the Board of Trade or of Customs, in - accordance with-sub-section 4,section! 21, Shipping Act, 1854 y and when ascertained must beentered by him in the ship’s official logbook, and: a memorandum of i the same most he delivered to the master, to be produced by him as if it were the certificate of registry. l Vessels are not allowed to carry deck ’cargoes of timber in winter ; that is to say; beyond deals, battens, or light wood goods of any description, to a height not exceeding Sft. above 1 deck. The master of • any vessel * and the owner also, it privy to the offence, arriving at' any port of the United Kingdom between the last day of October and the 16th of April with’ • a deck load other than above described will be liable to a penalty of -£5 for every 100 cubic feet of wood goods carried in 5 contravention of the section, and the penalty may bo recovered by action or indictment, or to an amount not exceeding : £IOO (whatever may be the maximum penalty recoverable) on summary conviction. Vessels are held exempt from the penalty if they sailed with a deck load, long- enough - before the last day of October, to permit them to make the passage by that day, but owing to stress of weather or other causes were detained. Also vessels sailing with a deck load at such time before the 16th April as would under reasonable circumstances have ensured their arrival after the 16th> but meeting with exceptionally favorable weather arrived before.

Every British ..ship (except vessels under 80 ions register, employed .solely in rthe coasting trade, .vessels: employed fishing,vand pleasure yachts) shah hayeithe'positiotiof their, decks defined by, longitudinal lines, 12 inches lend,by I dncli broad, painted.on,'each -tside amidships,'the upper edge of.the. lines' .tobe level with! the: upper edge of the deck plank next to the waterway, and the: color shall be white or. yellow on a dark ground, or-black on a:light ground. .Marking a leadline on the outside of vessels coming ,under the same description, as - those. ( last-.inentioned,.iahlsQ provide for."-r The.mark is to be a disk. 12-inches in ’ diameter,! with a .horizontal.him 18 inches long drawn, through its centre,; which centre is to' indicate the maximum load. .salt water, m, .which, the owner intends to load his vessel for that voyage. , When-the vessel-is entered outwards,'a statement; is to be rnade in writing ,to the principalpofficer/ of. the Customs of the distance in:feet and inches between the centre of the.tlisk andtbe upper edge of each of the lines Indicating the position of the vessel’s decks, which is A above that centre. ' A copy,of, the statement is,to be entered in the.agreement with the crew before articles are signed, and until the- entry is made the crew cannot be formally engaged. A:copy of the statement , ia : also, to be, entered m the ■official log. An officer of the, Customs may refuse ,to .enter the vessel unless the statement ■ ' is made in, due form, and when a vessel has been-marked ns described, she shall remain so until her,next return to. the United Kingdom. Provision is made for the .marking of coasting vessels over 80, tons'- with deck and load lines iti [tho same manner., as before, described. Owners are made liable to a penalty of £IOO in default of their making the prescribed notices and statements ; and provision is made for a fine not .exceeding .£IOO, if; a ship is notproperly marked* or .if - loaded to submerge the load line in salt water, or if the , load line or marks are defaced, altered, or obliterated, or inaccurately placed, so as to .be .likely to mislead. - , . Shipping casualties, and the appointment, duties, and powers-of wreck commissioners to investigate them, are dealt with, and commissionenC justices, or other authority presiding af investigations, are to be assisted by assessor or assessors of nautical or engineering skill, selected from an assessor list. If an, investigation is likely to involve the cancellation or suspension of a merchant service certificate, _ a person experienced in the merchant service must be, when practicable,, appointed as an assessor. Every formal investigation , into a shipping casualty shall be conducted in such a manner thatany-person implicated shall have an opportunity of defending himself ; and provision ia made for,,examinations relative to ships in -distrees, investigations into stranded or missing ships, and the appointment of places where -such investigations shall be held. ; ■ ;. • ' Any officer on-fiffl pay m naval or mill-, tary service of her. Majesty, or any officer of the Board of Trade, or , Customs, or any British consular officer, is empowered to. enforce 'the detention of a ship after, her detention has been authorised, and if the ship is, taken .to 1 pea,.before released by competent authority. Idle master, or if he is privy to the offience, the. owner, or.any other person; implicated, ’is liable to a penalty not exceeding £IOO, and if a detaining officer, surveyor, or officer of .the Customs, is taken to sea in the ship, the act involves » penalty of - £IOO, and ;the.payment of. all, incidental expenses. But - if- • the offence is not prosecuted in a summary manner, £lO per day.may.be levied for: every, day until the officer returns to the port from which he may have been .taken. .;, Provision is made for the service of orders on masters,, owners, or agents, or if there is no, managing-owner, or, agent, by. affixing a copy, of order on the mast of the ship. , Persons obstructing .the service, of an order are made guilty of a misdemeanor. The name and . address of the ship’s managing owner, or if none, of the ship’s husband, or other person managing, must be registered at the Custom House of the ship’s port of registry; or, in default, a penalty of £IOO may be imposed. , ; Power is given (by desire of any foreign State) to .apply the provisions of the Merchant. Shipping Acts- 1854;to , 1876 to the ships of such State, andt to the owners, masters, seamen, and apprentices’;of such when they are not locally within the jurisdiction: of such State. , .... Provisions as to the orders of Council, fees, of offences, and the application of the Shipping Acts to , Scotland, Ireland/ and Isle, of Man, are,also inserted, and a saving, clause is added, excluding from the application of the Shipping Acts [vessels, trading in -colonial inland waters, and-also.l alll coasting .vessels: engaged In-the waters of j any,BriMs&possession so far-as deck cargoes ,are concerned., The remaining’portion of the Act relates to Strangers paying a visit to Wellington, and country settlers arriving m town, are very often at a loss to know, which isr the,:best ‘house or, cheapest general drapery establishment to'visit for buying drapery and, clothing. :iJ.,'MoDowixi. and Co. offer special advantages that can be met with nowhere else in the city; -Theykeep at all times the largest and best assorted stock ofeveryclasa of goods, imported direct f rom the leading'manufacturers of Great, Britain and Ire-land,-which, being bought on the most advantageous, terms,* enables them'to offer goods of Sterling qualities at .prices that'eanhot be improved on by any house in the trade.-; -Everyarticle is-marked at a i fixed price that cannot be deviated from, for ready money, from which; there is' no deviation ; sO that inexperienced people art as well served as the best jifages; the termabeing net cash, without rebate pc abatement of any kind. A full description of stock can be obtafned from bhr catalogues and advertisement. Note thef address—Opposite -the Bank of New Zealand, corner,Of Lambton-quay and Willis-street, Wellington.—Advt. ■ ; , ~L ; ; ■ ■ r;• - .: EbwiAims’ Eukonia is a new and fragrant powder for' the face and skin, and is especially recommended to ladles as being far superior to all other Violet and Toilet Powders. Howlands’ Odonto whitens and preserves the teeth, prevents and arrests their decay,, and gives a plearing fragrance, to the breath. Sold by all. druggists,; chemists, and at all stores and bazaars. Ask for Kowlands’articles, 1 of 20, Hatibn Gardens, London, and'avoid.cheapimitations;—[Advt.] •: I: •