691603-1876-Merchant-Shipping-Act-1875- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 8TH JANUARY, 1876.

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I am to suggest that a copy of this Act should be sent to the Governors of all Colonies from which grain is shipped.

I am father to suggest that instructions may be given to cause an immediate report to be sent to the Board of Trade of any case in which grain, &c., is shipped in British Vessels in contravention of the Act, and in such a manner as to endanger human life.

The Under Secretary of State, Colonial Office.

I have, &c.,

(Signed)

THOMAS GRAY.

CHAPTER 88.

An Act to make provision for giving further powers to the Board of Trade

for stopping unseaworthy Ships.

[13th August 1875.]

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Par- liament assembled, and by the authority of the same, as follows:

A.D. 1875.

powers of officers

1. The Board of Trade may forthwith and from time to time by special order Appointment and appoint a sufficient number of fit and proper persons, from their own staff or otherwise, having authority to to be officers having authority to detain unseaworthy ships, and may from time to time detain unseaworthy revoke any such appointment.

If any officer so appointed has reason to believe upon inspection or otherwise that any British ship is by reason of the defective condition of her hull, equipments, or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, he may order that the ship be detained for the purpose of being surveyed.

Any such order shall have the same effect as if it were an order of the Board of Trade under section twelve of the Merchant Shipping Act, 1873.

For the purpose of ascertaining whether a British ship is fit to proceed to sea, any officer so appointed may go on board the ship and inspect the same, or any part thereof, or any of the machinery, boats, equipments, or other articles on board thereof, not unnecessarily detaining or delaying her from proceeding on her voyage; and any person who wilfully impedes him in the execution of his duty shall be liable to the same penalties, and may be dealt with in the same manner as if the officer were an inspector appointed by the Board of Trade under the Merchant Shipping Act, 1854.

When any officer so appointed orders a ship to be detained, he shall forthwith report his proceedings to the Board of Trade.

An officer so appointed shall receive such remuneration for his services under this Act as the Treasury from time to time direct, and such remuneration shall be paid out of moneys to be provided by Parliament.

ships.

2. Whenever a complaint is made to the Board of Trade or to any officer so Ship to be detained appointed by one fourth of the seamen belonging to any British ship, that the ship is on complaint of crew. by reason of the defective condition of her hull, equipments, or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, it shall be the duty of the Board or officer, as the case may be, if the com- plaint is made within time sufficient for that purpose before the sailing of the ship, without requiring any security for the payment of costs and expenses, to take proper steps for ascertaining whether the ship ought to be detained for the purpose of being surveyed under the Merchant Shipping Act, 1873.

3. From and after the first day of October one thousand eight hundred and seventy- Cargo of grain, &c. five, no cargo of which more than one third consists of any kind of grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels, shall be carried on board any British ship, unless such grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels be contained in bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise. This section shall not apply to any grain shipped previous to the first October one thousand eight hundred and seventy-five.

The master of any British ship who shall knowingly allow any cargo or part of a cargo to be shipped therein for carriage contrary to the provisions of this section shall

such offence incur a penalty not execeding two hundred pounds.

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