Unseaworthy Ships. 7. No misdemeanor under this section shall be punishable upon summary conviction; Provided that the repeal enacted by this section shall not affect any punishment incurred or to be incurred in respect of any offence against the enactment hereby repealed, or any legal proceeding in respect of any such punishment; and any such legal proceeding may be carried on as if this Act had not passed. deck lines. 5. Every British ship not registered on or after the first Marking of day of November, one thousand eight hundred and seventyfive, shall before registry, and every British ship registered before that day shall on or before that day, be permanently and conspicuously marked with lines of not less than twelve inches in length and one inch in breadth, painted longitudinally on each side amidships, or as near thereto as is practicable, and indicating the position of each deck which is above water: The upper edge of each of these lines shall be level with the upper side of the deck plank next the waterway at the place of marking. The lines shall be white or yellow on a dark ground or black on a light ground: Provided that (1) This section shall not apply to ships employed in the coasting trade or in fishing, nor to pleasure yachts; and (2) If a registered British ship is not within a British port of registry at any time before the first day of November one thousand eight hundred and seventy-five, she shall be marked as by this section required within one month after her next return to a British port of registry subsequent to that date. 6. With respect to the marking of a load-line on British Statement of ships, the following provisions shall have effect: (1) From and after the first day of November one thousand eight hundred and seventy-five the owner of every British ship shall, before entering his ship outwards from any port in the United Kingdom upon any voyage for which he is required so to enter her, or if that is not practicable, as soon after as may be, mark upon each of her sides amidships, or as near thereto as is practicable, in white or yellow on a dark ground, or in black on a light ground, a circular disc twelve inches in diameter, with a horizontal line eighteen inches in length, drawn through its centre; load-line. Penalty for offences in relation to marks on ships. Proceedings Unseaworthy Ships. (2) The centre of this disc shall indicate the maximum load-line in salt water to which the owner intends to load the ship for that voyage; (3) He shall also, upon so entering her, insert in the form of entry delivered to the Collector or other principal officer of Customs, a statement in writing of the distance in feet and inches between the centre of this disc and the upper edge of each of the lines indicating the position of the ship's decks which is above that centre; (4) If default is made in delivering this statement in the case of any ship, any officer of Customs may refuse to enter the ship outwards; (5) The master of the ship shall enter a copy of this statement in the agreement with the crew before it is signed by any member of the crew, and no superintendent of any mercantile marine office shall proceed with the engagement of the crew until this entry is made; (6) The master of the ship shall also enter a copy of this statement in the official log book; (7) When a ship has been marked as by this section. required, she shall be kept so marked until her next return to a port of discharge in the United Kingdom. 7. Any owner or master of a British ship who neglects to cause his ship to be marked as by this Act required, or to keep her so marked, and any 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. 8. Where a claim of compensation under the Merchant may be taken Shipping Act, 1873, is made against the Board of Trade, and against the Board of liability to pay compensation, or the amount thereof is in dispute, Unseaworthy Ships. dispute, proceedings may be taken against the Board of Trade by acTrade by action against the principal Secretary thereof as nominal defendant. tion against the principal secretary. to crew. 9. In every contract, of service, express or implied Liability of between the owner of a ship and the master or any seaman ship owner thereof, and in every instrument of apprenticeship whereby any person is bound to serve as an apprentice on board any ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the part of the owner of the ship to the master, seaman, or apprentice, that the owner of the ship, his agents and servants, shall use all reasonable efforts to ensure the seaworthiness of the ship for the voyage at the commencement thereof, and to keep her in a seaworthy condition during the voyage. Provided that nothing in this section shall make the owner of a ship, liable for the death of or any injury to a master, seaman, or apprentice belonging to any ship when caused by the wrongful act, neglect, or default of a seaman or apprentice belonging to the same ship, in any case where he would not otherwise be so liable. 10. This Act may be cited as the Merchant Shipping Act, Short title. 1875, and shall be construed as one with the Merchants Shipping Act, 1854. and the Acts amending the same, and the said Acts and this Act may be cited collectively as "The Merchant Shipping Acts, 1854 to 1875." 11. This Act shall continue in force until the first day of Duration of October one thousand eight hundred and seventy-six. Act. ACT OF THE PARLIAMENT OF THE DOMINION OF CANADA, PASSED IN THE THIRTY-EIGHTH YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA, AND IN THE SEDOND SESSION OF THE THIRD PARLIAMENT, Begun and holden at Ottawa, on the fourth day of February, and closed by RESERVED. HIS EXCELLENCY THE RIGHT HONORABLE, SIR FREDERICK TEMPLE, EARL OF DUFFERIN GOVERNOR GENERAL. OTTAWA: PRINTED BY BROWN CHAMBERLIN, LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY. ANNO DOMINI, 1876. |