Merchant Shipping Act. the ship, a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the lines indicating the position of the ship's decks which is above that centre: (4.) The owner, before the ship proceeds to sea after any renewal or alteration of the disc, shall send or deliver to the collector or other principal officer of Customs of the port of registry of the ship notice in writing of such renewal or alteration, together with such statement in writing as before mentioned of the distance between the centre of the disc and the upper edge of each of the deck-lines: (5.) If default is made in sending or delivering any notice or statement required by this section to be sent or delivered, the owner shall be liable to a penalty not exceeding one hundred pounds: (6.) When a ship has been marked as by this section required, she shall be kept so marked until notice is given of an alteration. relation to 28. Any owner or master of a British ship who neglects Penalty for to cause his ship to be marked as by this Act required, or to offences in keep her so marked, or who allows the ship to be so loaded marks on as to submerge in salt water the centre of the disc, and any ships. person who conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any of the said marks except in the event of the particulars thereby denoted being lawfully altered, or except for the purpose of escaping capture by an enemy, shall, for each offence, incur a penalty not exceeding one hundred pounds: If any of the marks required by this Act is in any respect inaccurate, so as to be likely to mislead, the owner of the ship shall incur a penalty not exceeding one hundred pounds. Investigations into Shipping Casualties. powers of 29. For the purpose of rendering investigations into Appointment, shipping casualties more speedy and effectual, it shall be duties and lawful for the Lord High Chancellor of Great Britain to wreck comappoint, from time to time, some fit person or persons to be a missioners, for wreck commissioner or wreck commissioners for the United shipping cainvestigating Kingdom, so that there shall not be more than three such sualties. commissioners at any one time, and to remove any such wreck commissioner; and in case it shall become necessary Merchant Shipping Act. to appoint a wreck commissioner in Ireland, the Lord Chancellor of Ireland shall have the appointment and the power of removal of such wreck commissioner. It shall be the duty of a wreck commissioner, at the request of the Board of Trade, to hold any formal investigation into a loss, abandonment, damage, or casualty (in this Act called a shipping casualty) under the eighth part of the Merchant Shipping Act, 1854, and for that purpose he shall have the same jurisdiction and powers as are thereby conferred on two justices; and all the provisions of the Merchant Shipping Acts, 1854 to 1876, with respect to investigations conducted under the eighth part of the Merchant Shipping Act, 1854, shall apply to investigations held by a wreck commissioner. Assessors, and 30. The wreck commissioner, justices, or other authority rules of procedure on holding a formal investigation into a shipping casualty shall formal invest- hold the same with the assistance of an assessor or assessors igations into of nautical engineering or other special skill or knowledge, shipping casto be appointed by the commissioner, justices, or authority out of a list of persons for the time being approved for the purpose by a Secretary of State. ualties. The commissioner, justices, or authority, when of opinion that the investigation is likely to involve the cancellation or suspension of the certificate of a master or mate, shall, where practicable, appoint a person having experience in the merchant service to be one of the assessors. Each assessor shall either sign the report made on the investigation, or report to the Board of Trade his reasons for his dissent therefrom. The Lord High Chancellor of Great Britain may, from time to time, (with the consent of the Treasury, so far as relates to fees), make, and when made revoke, alter, and add to general rules for carrying into effect the enactments relating to formal investigations into shipping casualties, and in particular with respect to the summoning of assessors, the procedure, the parties, the persons allowed to appear, the notice to such parties and persons or to persons affected, and the amount and application of fees. All such rules, while in force, shall have effect as if enacted in this Act. Every formal investigation into a shipping casualty shall be conducted in such manner that if a charge is made against any Merchant Shipping Act. any person that person shall have an opportunity of making a defence. 31. A wreck commissioner may, at the request of the Power for Board of Trade, by himself, or by some deputy approved by wreck comthe Board of Trade, institute the same examination as a institute receiver of wreck under section four hundred and forty-eight examination with respect of the Merchant Shipping Act, 1854, and shall, for that to ships in purpose have the powers [by that section conferred on a receiver of wreck. 32. In the following cases,— (1.) Whenever any ship on or near the coasts of the United Kingdom or any British ship elsewhere has been stranded or damaged, and any witness is found at any place in the United Kingdom, or— (2.) Whenever a British ship has been lost or is supposed to have been lost, and any evidence can be obtained in the United Kingdom as to the circumstances under which she proceeded to sea or was last heard of, the Board of Trade (without prejudice to any other powers) may, if they think fit, cause an inquiry to be made or formal investigation to be held; and all the provisions of the Merchant Shipping Acts, 1854 to 1876, shall apply to any such inquiry or investigation as if it had been made or held under the eighth part of the Merchant Shipping Act, 1854 distress under 17 & 18 V., c. 104, s. 448. Power to hold enquiries or formal invest igations as to stranded and missing ships. 33. A formal investigation into a shipping casualty may Place of inbe held at any place appointed in that behalf by the Board vestigation. of Trade, and all enactments relating to the authority holding the investigation shall, for the purpose of the investigation, have effect as if the place so appointed were a place appointed for the exercise of the ordinary jurisdiction of that authority. Miscellaneous. 34. Where, under the Merchant Shipping Acts, 1854 to Enforcing 1876, or any of them, a ship is authorized or ordered to be detention of ship. detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade or Customs, or any British consular officer may detain the ship; and if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person Service of order on Merchant Shipping Act. person who sends the ship to sea, if such owner or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceeding one hundred pounds. Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty, any officer authorized to detain the ship, or any surveyor or officer of the Board of Trade or Customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also a penalty not exceeding one hundred pounds, or, if the offence is not prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken; and such expenses may be recovered in like manner as the penalty. 35. Where any order, notice, statement, or document master, &c. requires, for the purpose of any provision of this Act, to be served on the master of a ship, the same shall be served where there is no master and the ship is in the United Kingdom, on the managing owner of the ship, or if there is no managing owner, on some agent of the owner residing in the United Kingdom, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship. Ship's ma Any such order, notice, statement or document, may be served by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode, or in the case of a master by leaving it for him on board the ship with the person being or appearing to be in command or charge of such ship. Any person who obstructs the service of any order, notice, statement or document, on the master of a ship shall incur a penalty not exceeding ten pounds, and if the owner or master of the ship is party or privy to such obstruction he shall be guilty of a misdemeanor. 36. The name and address of the managing owner for the naging owner time being of every British ship registered at any port or place be registered. in the United Kingdom shall be registered at the custom house of the ship's port of registry. or manager to Where there is not a managing owner there shall be so registered the name of the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner; and any person whose name is so registered Merchant Shipping Act. registered shall, for the purposes of the Merchant Shipping Acts, 1854 to 1876, be under the same obligations, and subject to the same liabilities, as if he were the managing owner. If default is made in complying with this section the owner shall be liable, or if there be more owners than one, each owner shall be liable in proportion to his interest in the ship, to a penalty not exceeding in the whole one hundred pounds each time the ship leaves any port in the United Kingdom. by Order in Acts to for 37. Whenever it has been made to appear to Her Majesty Power for that the Government of any Foreign State is desirous that Her Majesty any of the provisions of the Merchant Shipping Acts, 1854 Council to to 1876, or of any Act hereafter to be passed amending the apply certain provisions of same, shall apply to the ships of such State, Her Majesty may Merchant by Order in Council declare that such of the said provisions Shipping as are in such Order specified shall (subject to the limita- eiga ships. tions, if any, contained in the Order) apply; and thereupon, so long as the Order remains in force, such provisions shall apply (subject to the said limitations) to the ships of such State, and to the owners, masters, seamen and apprentices of such ships, when not locally within the jurisdiction of such State, in the same manner in all respects as if such ships were British ships. Council. 38. Where Her Majesty has power under the Merchant Provision as Shipping Act, 1854, or any Act passed or hereafter to be passed to Order in amending the same, to make an Order in Council, it shall be lawful for Her Majesty from time to time to make such Order in Council, and by Order in Council to revoke, alter, or add to any Order so made. Every such Order in Council shall be published in the London Gazette, and shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. Upon the publication of any such Order in the London Gazelle, the Order shall, after the date of such publication, or any later date mentioned in the Order, take effect as if it were enacted by Parliament. and costs. 39. On and after the first day of January, one thousand Fees, salaries, eight hundred and seventy-seven, all fees payable in respect of the survey or measurement of ships under the Merchant Shipping Acts, 1854 to 1876, or in respect of any services performed |