direct a surveyor of ships (b) or other person appointed by them to grant, the certificate (c). (6.) Subject to any order made by the judge of court of survey (d) the costs of and incidental to the appeal shall follow the event. (7.) A surveyor (d) in making an inspection under this section (e) shall, if the owner of the ship so require, be accompanied on the inspection by some person appointed by the owner, and, if in that case the surveyor and the person so appointed agree, there shall be no appeal under this section to the court of survey (d). (8.) Such fees as the Board of Trade may determine shall be paid in respect of an inspection of lights and fog signals under this section not exceeding those specified in the Sixteenth Schedule to this Act (f). Saving for 421.—(1.) Any rules made before or after the passing of local rules this Act under the authority of any local Act, concerning of navigation in lights and signals to be carried, or the steps for avoiding harbours, collision to be taken, by vessels navigating the waters of any harbour (g), river, or other inward navigation, shall, notwithstanding anything in this Act, have full effect. &c. 1862, ss. 31, 32. Duty of (2.) Where any such rules are not and cannot be made, Her Majesty in Council on the application of any person (h) having authority over such waters, or, if there is no such person, any person interested in the navigation thereof, may make such rules, and those rules shall, as regards vessels navigating the said waters, be of the same force as if they were part of the collision regulations (i). 422. (1.) In every case of collision between two vessels (k) vessel to it shall be the duty of the master or person in charge () of assist the other in case of collision. 36 & 37 Vict. c. 85, s. 16. each vessel, if and so far as he can do so without danger to his own vessel crew and passengers (if any) (m), (a.) to render to the other vessel her master crew and passengers (if any) such assistance as may be practicable (n), and may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that she has no need of further assistance, and also (b.) to give to the master or person in charge (o) of the other vessel the name of his own vessel and of the port (p) to which she belongs (q), and also the names of the ports (p) from which she comes and to which she is bound. (2.) If the master or person in charge (o) of a vessel fails (r) to comply with this section, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act neglect or default (8). (3.) If the master or person in charge (o) fails (r) without reasonable cause to comply with this section, he shall be guilty of a misdemeanor (t), and, if he is a certificated officer (u), an inquiry into his conduct may be held, and his certificate cancelled or suspended (r). 423. (1.) In every case was "person in charge," which was held by Sir R. Phillimore, in The Queen (1869), 20 L. T. 855, to mean the master, even though a compulsory pilot was on board. The present wording appears to include the pilot, as the definition of "master," in § 742, "every person except a pilot having command or charge of a ship," leaves no meaning to "person in charge" unless it covers a pilot. The wording includes a mate when the master is below. Ex p. Ferguson, vide supra. Sir R. Phillimore, in The Queen (vide supra), said that, if the owner was exempted by compulsory pilotage, subsequent misconduct of the master would not affect him, sed quære. (m) As to the history of this provision, see R. Phillimore, in The of collision, in which it is Collisions Hannibal (1867), L. R. 2 A. & E. at (n) See The Adriatic (1875), 3 Asp. (r) Includes refusal; § 742. (t) Procedure, §§ 680-684; fine (x) § 470, s. (b.). to be en tered in official log. 1854, s. 328. Applica tion of collision regula tions to foreign ships. 1862, ss. 58, 62. Report to practicable so to do, the master (y) of every ship (y) shall immediately after the occurrence cause a statement thereof, and of the circumstances under which the same occurred, to be entered in the official log book (2) (if any), and the entry shall be signed by the master (y), and also by the mate or one of the crew (a). (2.) If the master (y) fails (b) to comply with this section, he shall for each offence be liable to a fine not exceeding twenty pounds (c). 424. Whenever it is made to appear to Her Majesty in Council that the Government of any foreign country is willing that the collision regulations (d), or the provisions of this Part of this Act relating thereto (e) or otherwise relating to collisions, or any of those regulations or provisions. should apply to the ships of that country when beyond the limits of British jurisdiction (f), Her Majesty may, by Order in Council (g), direct that those regulations and provisions shall, subject to any limitation of time conditions and qualifications contained in the Order, apply to the ships of the said foreign country, whether within British jurisdiction or not (f), and that such ships shall, for the purpose of such regulations and provisions, be treated as if they were British ships (h). Report of Accidents and Loss of Ship (y). 425.—(1.) When a steamship (i) has sustained or caused Trade of any accident occasioning loss of life or any serious injury accidents to any person, or has received any material damage affectships. ing her seaworthiness or her efficiency either in her hull or in any part of her machinery, the owner (k) or master (y) shall, within twenty-four hours after the happening of the to steam 1854, ss. 291, 326. accident or damage, or as soon thereafter as possible, transmit to the Board of Trade, by letter signed by the owner (1) or master (m), a report (n) of the accident or damage, and of the probable occasion (o) thereof, stating the name of the ship, her official number (if any), the port (m) to which she belongs (p), and the place where she is. (2.) If the owner (1) or master (m) of a steamship (q) fails (r) without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding fifty pounds (s). (3.) This section shall apply to all British ships (t), and to all foreign steamships carrying passengers (u) between places in the United Kingdom. British 426. (1.) If the managing owner (a) or, in the event of Notice of there being no managing owner, the ship's husband, of loss of any British ship(t) has reason, owing to the non-appearance ship to be of the ship or to any other circumstance, to apprehend given to that the ship has been wholly lost, he shall, as soon as of Trade. conveniently may be, send to the Board of Trade notice in Vict. c. 85, writing of the loss and of the probable occasion (0) thereof, s. 22. stating the name of the ship, her official number (if any), and the port (m) to which she belongs (p). (2.) If a managing owner (x) or ship's husband fails (r) without reasonable cause to comply with this section within a reasonable time, he shall for each offence be liable to a fine not exceeding fifty pounds (s). Life-saving Appliances. 36 & 37 427. (1.) The Board of Trade may make rules (in this Rules as Act called rules for life-saving appliances (y)) with respect to all or any of the following matters, namely: (1) See § 58. (m) Defined, § 742. (n) In the case of explosions at sea, this report relieves from the necessity of giving notice under the Boilers Explosions Act, 53 & 54 Vict. c. 35, s. 5. (o) i.e. cause. (p) § 13. to lifesaving appliances. 51 & 52 (q) Includes vessels propelled by Vict. c. 24, electricity; § 743. (r) Includes refusal; § 742. (y) Printed in Appendix. ss. 3, 6, and schs. fine Duties of owners and to carry (a) the arranging of British ships (2) into classes, having (b.) the number and description of the boats, life-boats, (2.) All such rules shall be laid before Parliament so soon as may be after they are made, and shall not come into operation until they have lain for forty days before. both Houses of Parliament during the session of Parliament; and on coming into operation shall have effect as if enacted in this Act. (3.) Rules under this section shall not apply to any fishing boat for the time being entered in the fishing boat register under Part IV. of this Act (b). 428. It shall be the duty of the owner (c) and master (d) of every British ship (2) to see that his ship is provided, in masters as accordance with the rules for life-saving appliances (e), with such of those appliances as, having regard to the nature of ing lifesaving ap- the service on which the ship is employed, and the avoidance pliances. 51 & 52 of undue encumbrance of the ship's deck, are best adapted Vict. c. 24, for securing the safety of her crew and passengers. s. 1. (z) Note to § 1. (a) Cf. §§ 267, 268, and notes. (b) See §§ 373, 375, and Preliminary Note to Part IV. (c) Note to § 58. (d) Defined, § 742. |