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THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1876.
A.D. 1876.
Provision of signals of distress, inextinguish- able lights, and life buoys in passenger steamers and
emigrant ships.
21. Every sea-going passenger steamer and every emigrant ship shall be provided to the satisfaction of the Board of Trade-
(1.) With means for making the signals of distress at night specified in the First Schedule to "The Merchant Shipping Act, 1873," or in any rules substituted therefor, including means of making flames on the ship which are inextinguishable in water, or such other means of making signals of distress as the Board of Trade may previously approve; and
(2.) With a proper supply of lights inextinguishable in water and fitted for attachment to life buoys. If any such steamer or ship goes to sea from any port of the United Kingdom without being so pro- vided as required by this section, for each default in any of the above requisites the owner shall, if he ap- pears to be in fault, incur a penalty not exceeding one hundred pounds, and the master shall, if he to be in fault, incur a penalty not exceeding fifty pounds.
appears
Grain Cargors.
Stowage of cargo of grain, &c.
Space occupied by
to dues.
22. No cargo of which more than one third consists of any kind of grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels, hereinafter referred to as "grain cargo," shall be carried on board any British ship, unless such grain cargo be contained in bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise.
If the managing owner or master of any British ship, or any agent of such owner who is charged with the loading of the ship or the sending her to sea, knowingly allows any grain cargo or part of a grain cargo to be shipped therein for carriage contrary to the provisions of this section, he shall for every such offence incur a penalty not exceeding three hundred pounds, to be recovered upon summary conviction.
Deck Cargoes.
23. If any ship, British or foreign, other than home trade ships as defined by the Merchant Shipping deck cargo to be liable Act, 1854, carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage, timber, stores, or other goods, all dues payable on the ship's tonnage shall be payable as if there were added to the ship's registered ton- nage the tonnage of the space occupied by such goods at the time at which such dues become payable.
The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight lines inclosing a rectangular space sufficient to include the goods.
The tonnage of such space shall be ascertained by an officer of the Board of Trade or of Customs, in manner directed by sub-section four of section twenty-one of the Merchant Shipping Act, 1854, and when so ascertained shall be entered by him in the ship's official log book, and also in a memorandum which he shall deliver to the master, and the master shall, when the said dues are demanded, produce such memo- randum in like manner as if it were the certificate of registry, or, in the case of a foreign ship, the docu- ment equivalent to a certificate of registry, and in default shall be liable to the same penalty as if he h failed to produce the said certificate or document.
had 24. After the first day of November one thousand eight hundred and seventy-six, if a ship, British or deckloads of timber in foreign, arrives between the last day of October and the sixteenth day of April in any year at any port in the United Kingdom from any port out of the United Kingdom, carrying as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage, any wood goods coming within the following descriptions; that is to say,
Penalty for carrying
winter.
Marking of deck-liues.
(a.) Any square, round, waney, or other timber, or any pitch pine, mahogany, oak, teak, or other
heavy wood goods whatever; or
(b.) Any more than five spare spars or store spars, whether or not made, dressed, and finally prepared
for
use; or
(c.) Any deals, battens, or other light wood goods of any description to a height exceeding three feet
above the deck;
the master of the ship, and also the owner, if he is privy to the offence, shall be liable to a penalty not exceeding five pounds for every hundred cubic feet of wood goods carried in contravention of this section, and such penalty may be recovered by action or on indictment or to an amount not exceeding one hundred pounds (whatever may be the maximum penalty recoverable) on summary conviction.
Provided that a master or owner shall not be liable to any penalty under this section-
(1.) In respect of any wood goods which the master has considered it necessary to place or keep on deck during the voyage on account of the springing of any leak, or of any other damage to the ship received or apprehended; or
(2.) If he proves that the ship sailed from the port at which the wood goods were loaded as deck cargo at such time before the last day of October as allowed a sufficient intervar according to the ordinary duration of the voyage for the ship to arrive before that day at the said port in the United Kingdom, but was prevented from so arriving by stress of weather or circumstances beyond his control; or
(3.) If he proves that the ship sailed from the port at which the wood goods were loaded as deck cargo at such time before the sixteenth day of April as allowed a reasonable interval according to the ordinary duration of the voyage for the ship to arrive after that day at the said port in the United Kingdom, and by reason of an exceptionally favourable voyage arrived before that day. Provided further, that nothing in this section shall affect any ship not bound to any port in the United Kingdom which comes into any port of the United Kingdom under stress of weather, or for repairs, or for any other purpose than the delivery of her cargo.
Deck and Load Lines.
25. Every British ship (except ships under eighty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts) shall 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.
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