PART V. SAFETY. Definition of grain, &c. Sending unseaworthy ship to sea a 456. For the purpose of the provisions of this Part of this Act with respect to grain cargo The expression "grain nuts, or nut kernels. means any corn, rice, paddy, pulse, seeds, The expression "ship laden with a grain cargo" means a ship carrying a cargo of which the portion consisting of grain is more than one-third of the registered tonnage of the ship, and that third shall be computed, where the grain is reckoned in measures of capacity, at the rate of one hundred cubic feet for each ton of registered tonnage, and where the grain is reckoned in measures of weight, at the rate of two tons weight for each ton of registered tonnage. Unseaworthy Ships. 457. (1.) If any person sends or attempts to send, or is party to sending or attempting to send, a British ship to sea in such an unseamisdemeanor. worthy state that the life of any person is likely to be thereby endangered, he shall in respect of each offence be guilty of a misdemeanor, unless he proves either that he used all reasonable means to insure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving that proof he may give evidence in the same manner as any other witness. Obligation of shipowner to crew with of reasonable efforts to secure seaworthiness. (2.) If the master of a British ship knowingly takes the same to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered, he shall in respect of each offence be guilty of a misdemeanor, unless he proves that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof he may give evidence in the same manner as any other witness. (3.) A prosecution under this section shall not, except in Scotland, be instituted otherwise than by, or with the consent of, the Board of Trade, or of the governor of the British possession in which the prosecution takes place. (4.) A misdemeanor under this section shall not be punishable upon summary conviction. (5.) This section shall not apply to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any British possession. 458. (1.) In every contract of service, express or implied, between the owner of a ship and the master or any seaman thereof, and in every respect to use 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 owner of the ship, that the owner of the ship, and the master, and every agent charged with the loading of the ship, or the preparing of the ship for sea, or the sending of the ship to sea, shall use all reasonable means to insure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep her in seaworthy condition for the voyage during the voyage. (2.) Nothing in this section (a) shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable; or (b) shall apply to any ship employed exclusively in trading or PART V.- detain unsafe detention. 459.* (1.) Where a British ship, being in any port in the United Power to Kingdom, is an unsafe ship, that is to say, is by reason of the defective ships, and condition of her hull, equipments, or machinery,† or by reason of under- procedure for manning, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed or for ascertaining the sufficiency of her crew, and either finally detained or released as follows: (a) The Board of Trade, if they have reason to believe, on (b) When a ship has been provisionally detained there shall be (e) Where a ship has been provisionally detained, the owner or The powers exercisable under this section are extended to include power to muster the crew. See Merchant Shipping Act, 1897 (60 & 61 Vict. c. 59), s. 1 (1), infra. † Words or by reason of undermanning" inserted by section 1 (1) of the Merchant Shipping Act, 1897 (60 & 61 Vict. c. 59), infra. Words "or for ascertaining the sufficiency of her crew inserted by section 1 of the Merchant Shipping Act, 1897 (60 & 61 Vict. c. 59), infra. Words" or the manning of the ship" inserted by section 1 of the Merchant Shipping Act, 1897 (60 & 61 Vict. c. 59), infra. PART V.- Liability for costs and damages. (f) Where a ship has been provisionally detained, the Board of Trade may at any time, if they think it expedient, refer the matter to the court of survey for the port or district where the ship is detained. (9) The Board of Trade may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions. (2.) Any person appointed by the Board of Trade for the purpose (in this Act referred to as a detaining officer) shall have the same power as the Board have under this section of ordering the provisional detention of a ship for the purpose of being surveyed, and of appointing a person or persons to survey her; and if he thinks that a ship so detained by him is not unsafe may order her to be released. (3.) A detaining officer shall forthwith report to the Board of Trade any order made by him for the detention or release of a ship. (4.) An order for the detention of a ship, provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship. (5.) A ship detained under this section shall not be released by reason of her British register being subsequently closed. (6.) The Board of Trade may with the consent of the Treasury appoint fit persons to act as detaining officers under this section, and may remove any such officer; and a detaining officer shall be paid such salary or remuneration (if any) out of money provided by Parliament as the Treasury direct, and shall for the purpose of his duties have all the powers of a Board of Trade inspector under this Act. (7.) A detaining officer and a person authorised to survey a ship under this section shall for that purpose have the same power as a person appointed by a court of survey to survey a ship, and the provisions of this Act with respect to the person so appointed shall apply accordingly. 460. (1.) If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner, for the provisional detention of a ship under this Part of this Act as an unsafe ship, the Board of Trade shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey. (2.) If a ship is finally detained under this Act, or if it appears that a ship provisionally detained was, at the time of that detention, an unsafe ship within the meaning of this Part of this Act, the owner of the ship shall be liable to pay to the Board of Trade their costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable. (3.) For the purpose of this section the costs of and incidental to any proceeding before a court of survey, and a reasonable amount in respect of the remuneration of the surveyor or officer of the Board of Trade, shall be part of the costs of the detention and survey of the ship, and any dispute as to the amount of those costs may be referred to one of the officers following, namely, in England or Ireland to one of the masters or registrars of the High Court, and in Scotland to the Auditor of the Court of Session, and the officer shall, on request by the Board of Trade, ascertain and certify the proper amount of those costs. (4.) An action for any costs or compensation payable by the Board of Trade under this section may be brought against the Secretary of that Board by his official title as if he were a corporation sole, and if the cause of action arises in Ireland, and the action is brought in the High Court, that Court may order that the summons or writ may be served on the Crown and Treasury Solicitor for Ireland in such manner and on such terms respecting extension of time and otherwise as the Court thinks fit, and that that service shall be sufficient service of the summons or writ upon the Secretary of the Board of Trade. PART V.- complainant 461. (1.) Where a complaint is made to the Board of Trade or a Power to detaining officer that a British ship is unsafe, the Board or officer may, if require from they or he think fit, require the complainant to give security to the security for satisfaction of the Board for the costs and compensation which he may become liable to pay as herein-after mentioned. (2.) Provided that such security shall not be required where the complaint is made by one fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Board or officer frivolous or vexatious, and the Board or officer shall, if the complaint is made in sufficient time before the sailing of a ship, take proper steps for ascertaining whether the ship ought to be detained. (3.) Where a ship is detained in consequence of any complaint, and the circumstances are such that the Board of Trade are liable under this Act to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Board of Trade all such costs and compensation as the Board incur or are liable to pay in respect of the detention and survey of the ship. costs. foreign ships detention. 462.* Where a foreign ship † at a port in the United Kingdom ‡ is Application to unsafe §by reason of the defective condition of her hull, equipments, or of provisions machinery, or by reason of overloading or improper loading or by as to reason of undermanning, the provisions of this Part of this Act with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications; (i.) a copy of the order for the provisional detention of the ship (ii) where a ship has been provisionally detained, the consular * See further the amending Act of 1906 (6 Edw. 7 c. 48), s. 2 (2), infra. + Words "has taken on board all or any part of her cargo" repealed by section 85 of the amending Act of 1906 (6 Edw. 7 c. 48), infra. ✰ Word and" and words "whilst at that port" repealed by section 85 of the amending Act of 1906 (6 Edw. 7 c. 48), infra. $ Words" by reason of the defective" to machinery, or" inserted by section 2 (1) of the amending Act of 1906 (6 Edw. 7 c. 48), infra. Words or by reason of undermanning" inserted by section 1 of the Merchant Shipping Act, 1897 (60 & 61 Vict. c. 59), infra. PART V. SAFETY. Survey of ships alleged unseaworthy. (iii.) where the owner or master of the ship appeals to the court of survey, the consular officer, on his request, may appoint a competent person to be assessor in the case in lieu of the assessor who, if the ship were a British ship, would be appointed otherwise than by the Board of Trade. or 463. (1.) Whenever in any proceeding against any seaman apprentice belonging to any ship for the offence of desertion, or absence without leave or for otherwise being absent from his ship without leave, it is alleged by one fourth, or if their number exceeds twenty by not less than five, of the seamen belonging to the ship, that the ship is by reason of unseaworthiness, overloading, improper loading, defective equipment, or for any other reason, not in a fit condition to proceed to sea, or that the accommodation in the ship is insufficient, the court having cognizance of the case shall take such means as may be in their power to satisfy themselves concerning the truth or untruth of the allegation, and shall for that purpose receive the evidence of the persons making the same, and may summon any other witnesses whose evidence they may think it desirable to hear, and shall, if satisfied that the allegation is groundless. adjudicate in the case, but if not so satisfied shall before adjudication cause the ship to be surveyed. (2.) A seaman or apprentice charged with desertion, or with quitting his ship without leave, shall not have any right to apply for a survey under this section unless he has before quitting his ship complained to the master of the circumstances so alleged in justification. (3.) For the purposes of this section the court shall require any surveyor of ships appointed under this Act, or any person appointed for the purpose by the Board of Trade, or, if such a surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, then any other impartial surveyor appointed by the court, and having no interest in the ship, her freight, or cargo, to survey the ship, and to answer any question concerning her which the court think fit to put. (4.) Such surveyor or other person shall survey the ship, and make his written report to the court, including an answer to every question put to him by the court, and the court shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the questions before them in accordance with those opinions. (5.) Any person making a survey under this section shall for the purposes thereof have all the powers of a Board of Trade inspector under this Act. (6.) The costs (if any) of the survey shall be determined by the Board of Trade according to a scale of fees to be fixed by them, and shall be paid in the first instance out of the Mercantile Marine Fund. (7.) If it is proved that the ship is in a fit condition to proceed to sea, or that the accommodation is sufficient, as the case may be, the costs of the survey shall be paid by the person upon whose demand, or in consequence of whose allegation the survey was made, and may be deducted by the master or owner out of the wages due or to become due to that person, and shall be paid over to the Board of Trade. (8.) If it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation is insufficient, as the case may be, the master or owner of the ship shall pay the costs of the survey to the |