The Merchant Shipping Act, 1854
IN various parts of the Life-boat Journal, we have expressed a strong conviction of the utter inadequacy of all existing means for affording succour to shipwrecked persons around our coasts. We have mourned over it as a national discredit, that many hundreds of lives were every year sacrificed at the very threshold of our doors, without any of those strenuous efforts being made for their relief which the urgency of the case has called for; which our character as a Christian nation has demanded; and which are every day successfully called into use against almost insurmountable difficulties where pecuniary profit is the motive power.
We have advanced the opinion that as a nation, whose greatness has been reared in the lap of commerce, and whose wealth and power are still upheld by her, the claim on our protection of those who are her working servants, and through whose instrumentality we have reaped these great advantages, is also a national one, and not confined to those whom accident has located in the neighbourhood of our coasts. We have also stated that we considered this national aid could not be effectually afforded without the assistance of the Government; and we have pointed out various advantages which we might hope would accrue from such aid being given. Lastly, we have urged that the shipowner or immediate employer of the seaman and caterer for the emigrant and other passengers, should be compelled to provide every available means to prevent accident and to afford them security.
It will not be necessary for us to go over the same ground again that we have done before, or to enlarge on the causes which have produced the past unsatisfactory state of things; the facts are patent, that great loss of life by shipwreck has annually occurred on our coasts and elsewhere, from time immemorial, and that no systematic and universal efforts have been made to prevent it. The Government of the day have at last become convinced of,. those facts, and are about to make their first serious effort to meet the evil. A bill has been prepared by the Right Honourable the President of the Board of Trade, THOMAS CALDWELL, Esq., M.P., and has received the sanction of Parliament, during the late Session, entitled "An Act to amend and consolidate the Acts relating to Merchant Shipping." This Act embodies a most comprehensive system of legislature for all the vast and varied interests involved in the immense shipping trade of this country; and, amongst the many enactments contained in it for the protection and welfare of seamen, and of passengers when on shipboard, are several the objects of which are, or the effects of which will be, to afford increased security to life in case of shipwreck or other disaster at sea.
The following brief summary of such parts of the Act as directly or indirectly will tend to this beneficial result, will convey some idea of its nature and value.
We will place each part in the order in which it occurs in the Act, and note the Sections, so that any of our readers who may wish to read them at length may refer to them.
" Merchant Shipping Act, 1854." Summary of such portions of the above Act as have reference, directly or indirectly, to the prevention of accidents and the saving of life in the event of shipwreck or other disaster at sea.
Part I. Sections 14 to 16.—Authorize the Board of Trade to appoint Inspectors, who, on their part, shall be empowered to investigate and report on the causes of accident or damage sustained or caused by any ship—as to whether the provisions of the Act have been complied with—and, as to whether the hull and machinery, boats and equipments, of any steam-ship are in good condition.
Part II. Sections 20 to 26.—Establish an improved measurement of tonnage.
Part III. Sections 131 to 140.—Institute and regulate examinations of masters and mates of " Foreign-going Ships," and of " Home Trade Passenger Ships," as to their qualifications.
Sections 240 -to 242.—Authorize Admiralty Courts to remove the master of a vessel, on sufficient evidence of its being necessary; and authorize the Board of Trade to institute investigations as to the incompetency or misconduct of masters and mates of vessels; and to cancel or suspend their certificates of competency and service in certain cases, such as drunkenness, tyranny, or other gross misconduct.
Sections 260 to 266.—Institute Naval Courts on the high seas and abroad, for the investigation of complaints on board merchant ships either on the part of the master or men, and also the circumstances attending the wreck or abandonment of any British ship abroad, with power to supersede a master or discharge a seaman, and which Naval Courts are directed to forward Reports of their proceedings, in every case, to the Board of Trade.
Sections 280 to 287.—Require the keeping an official log, independently of the ordinary ship's log, and define and explain the character of the same and of the entries required to be made in it.
Part IV. Sections 292 to 294.—Direct, 1st. That no British decked-ship (except ships used solely as steam-tugs and ships engaged in the whale fishery), and no foreign steam-ship carrying passengers between places in the United Kingdom, shall be allowed to proceed to sea from any port in the United Kingdom, unless provided, according to her tonnage, with boats duly supplied with all requisites for use, and not being fewer in number, nor less in their cubic contents, than as specified in a Table annexed.
2nd. That no ship carrying more than ten passengers shall proceed to sea, unless, in addition to her boats as above required, she be also furnished with a life-boat, or one of her boats be rendered buoyant after the manner of a life-boat.
3rd. That no such ship shall proceed to sea unless provided with two life-buoys.
And farther, that all such boats and buoys shall be kept so as to be at all times fit and ready for use.
Section 295.—Directs the use of such lights and fog-signals as shall be regulated from time to time by the Board of Admiralty.
Section 296.—Directs that whenever any ship, whether a steam or sailing-ship, meets another proceeding in a different direction, so that if both were to proceed on their respective courses they would run risk of collision, the helms of both ships shall be put to port, so that they should pass on the port side of each other.
Section 297.—Requires every steam-ship, when navigating any narrow channel, whenever it is safe and practicable to do so, to keep to that side of the fairway or midchannel which lies on the starboard side of such ship.
Sections 300 to 302.—Direct that every steam-ship built of iron shall be divided by transverse water-tight partitions, into at least three equal parts. That they shall be provided with a safety-valve to each boiler beyond the control of the engineer.
That every sea-going passenger steam-ship shall have her compasses adjusted from time to time.
That all sea-going steam-ships, except tugs, shall be provided with a hose in connection with the engine, for the purpose of extinguishing fire.
That every sea-going passenger steamship shall be provided with a gun. and ammunition, and other means of making signals of distress as specified.
Sections 303 to 311.—Provide for the survey of all passenger steam-ships by officers appointed by the Board of Trade for the purpose of ascertaining that all the provisions of this Act are carried out; such surveys to be held on every ship, at least twice in each year.
Sections 326 and 327.—Require that every accident to a steam-ship which shall occasion such serious injury to her hull or machinery as to affect her sea-worthiness, or which shall occasion loss of life or serious injury to any person, shall be forthwith reported to the Board of Trade by the owner or master of such ship; and that the supposed total loss of any such ship shall also be reported by the owner, in like manner, to the Board.
Part V. Sections 330 to 388.—Regulate and provide for an efficient system of pilotage.
Part VI. Sections 389 to 416.—Provide for the establishment, maintenance, and management of lighthouses, buoys, and beacons; and regulate the light dues, their amount, and mode of collection.
Part VII. Sections 417 to 431.—Define the constitution of the "Mercantile Marine Fund." As it is through the instrumentality of this Fund that the chief provisions of this Act are effected, we insert Sections 417 and 418 in full; the former of which describes the manner in which the Fund is raised, and the latter the mode of its application.
"417. The. following sums shall be carried to a common fund, to be entitled the ' Mercantile Marine Fund;' (that is to say) " (1.) All fees and other sums (other than fees and forfeitures): received by the Board of Trade under the provisions of the Thirds and Fourth Parts of this Act.
" (2.) All %ht dues or other sums received by or accruing to the Trinity House, the Commissioners of Northern Lighthouses, and the Port of Dublin Corporation,, under the Sixth Part of this Act.
" (3;) All rates and monies received by the Trinity House under the local Act of the seventh year of Her present Majesty, chapter fifty-seven, for the regulation of lastage and ballastage in the river Thames.
" (4.) All fees and other sums mentioned in the Table marked V. in the Schedule hereto, which are received by Receivers appointed under the Eighth Part of this Act.
And an account of the said Fund, intitled 'The Mercantile Marine Fund Account,' shall be kept with her Majesty's Paymaster- General.
"418. Subject to any prior charges that may be subsisting thereon by virtue of any Act or Acts of Parliament or otherwise, the said Fund shall be chargeable with the following expenses; that is to say— " (1.) The salaries and other expenses connected with the local Marine Boards, the examinations, and the shipping offices provided for by the Third Part of this Act.
" (2.) The salaries of surveyors and other expenses connected with the survey of passenger steam-ships provided for by the Fourth Part of this Act.
"(3.) All expenses incurred by the general lighthouse authorities aforesaid in the works and services of lighthouses, buoys, and beacons provided for by the Sixth Part of this Act, or in the execution of any works necessary or expedient for the purpose of permanently reducing the expense of such works and services.
" (4.) All expenses incurred by the Trinity House in respect of lastage and ballastage in the river Thames.
ft(5.) Such expenses for establishing and maintaining on the coasts of the United Kingdom proper life-boats, with the necessary crews and equipments, and for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for rewarding the preservation of life in such cases,, as the Board of Trade directs; "(6.) Any expenses incurred in carrying into effect the provisions with regard to Receivers and the performance of their duties contained in the Eighth Part of this Act.
" {7.) Any expenses which by this or any other Act of Parliament are specially charged thereon.
And shall, save as hereinafter mentioned, be applicable to no other purpose whatever." Part VIII. Relates to wrecks, casualties, and salvage. Sections 432 to 438.—Provide for inquiry into the causes of the loss of, or material damage to, or abandonment of, any ship, and of the loss of life in cases of wreck or other casualty; and authorize the inspecting officers of coastguard and the principal officers of customs to hold such inquiries.
Section 439.—Gives the Board of Trade the general superintendence of all matters relating to wreck, and empowers them to appoint officers of the customs, or of the coast-guard, or officers of inland revenue, or any other person, to be a "Receiver of Wreck." Section 441.—Gives the " Receiver of Wreck" the chief command and authority over all persons present at any scene of wreck or other casualty, and requires him to assign such duties to each person, and to issue such directions as he may think fit with a view.to the preservation of either life or property.
Sections 442 to 457.—Define the various duties and powers of a " Receiver " in cases of wreck and with regard to wrecked property; invest him with authority to suppress, by force if necessary, plunder, disorder, and obstruction at wrecks; and empower certain other public officers, in the absence of a Receiver, to exercise the duties of his office.
Sections 458 and 459, we think to be so important, and likely to be productive of such beneficial results, that we give them in full.
" 458. In the following eases (that is to say)— " Whenever any ship or boat is stranded, or otherwise in distress on the shore of any sea or tidal water situate within the limits of the United Kingdom, and services are rendered by any person.
"(1.) In assisting such ship or boat; " (2.) In saving the lives of the persons belonging to such ship or boat; " (3.) In saving the cargo or apparel of such ship or boat, or any portion thereof; " And whenever any wreck is saved by any person other than a Receiver within the United Kingdom, There shall be payable by the owners of such ship or boat, cargo, apparel, OT wreck, to the person by whom such services or any of them are rendered, or by whom such wreck is saved, a reasonable amount of salvage, together with all expenses properly incurred by him in the performance of such services or the saving of such wreck, the amount of such salvage and expenses (which expenses are hereinafter included under the term salvage) to be determined in case of dispute in manner hereinafter mentioned.
" 459. Salvage in respect of the preservation of the life or lives of any person or persons belonging to any such ship or boat as aforesaid shall be payable by the owners of the ship or boat in priority to all other claims for salvage; and in cases where such ship or boat is destroyed, or where the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage due in respect of any life or lives, the Board of Trade may in its discretion award to the salvors of such life or lives out of the Mercantile Marine Fund such sum or sums as it deems fit, in whole or part satisfaction of any amount of salvage so left unpaid in respect of such life or lives." Sections 460 to 501.—Provide for arbitration and appeal in disputed salvage cases; define the manner of enforcing payment of salvage; provide for the disposal of unclaimed wreck; make the inhabitants of the hundred, or other district where a wreck occurs, liable for damages in the event of plunder or destruction of property; provide for salvage services rendered by any of her Majesty's ships; and make sundry other provisions in connexion with salvage.
Part IX. Establishes and defines the liabilities of shipowners. Section 504.— Exempts the shipowner from being answer able in damages to an extent beyond the value of his ship, and of the freight due, or to grow due on the voyage, for loss of life or personal injury; or loss or damage o: goods, &c.; provided that such loss of life, personal injury, or damage occur without his actual fault or privity.
Sections- 507 to 509.—Define the mode of procedure for the recovery of damages.
Section 510,—Declares the rules to be observed as to damages and to their application.
The principle established by this Section is so important, that we inserl the Section in full.
" (1.) The damages payable in each case oi death or injury shall be assessed at thirty pounds.
" (2,) The damages found due on any such inquiry as aforesaid shall be the first charge on the aggregate amount for which the owner is liable, and shall be paid thereout in priority to all other claims.
lt(3,) All such damages as aforesaid shall be paid to Her Majesty's Paymaster General, and shall be distributed and dealt with by him in such manner as the Board of Trade directs; and in directing such distribution the Board of Trade shall have power in the first place to deduct and retain any costs incidental thereto; and in the next place, as regards the sums paid in respect of injuries, shall direct payment to each person injured of such compensation, not exceeding in any ease the statutory amount, as the said Board thinks fit; and as regards the sums paid in respect of deaths, shall direct payment thereof for the benefit of the husband, wife, parent, and child of the deceased, or any of them, in such shares, upon such evidence, and in such manner as the said Board thinks fit.
"(4.) The Board of Trade shall refund to the owner any surplus remaining under its control after making such distribution as aforesaid, and the sum so refunded shall form part of the residue hereinafter mentioned.
" (5.) The Board of Trade shall not, nor shall any person acting under it, be liable to any action, suit, account, claim, or demand whatsover, for or in respect of any act or matter done, or omitted to be done, in the distribution of such damages as aforesaid.
" (6.) If the amount paid to Her Majesty's Paymaster General, in manner aforesaid, is insufficient to meet the demands upon it, the several claims thereon shall abate proportionally." In the .above summary we have only included such portions of the Act as have reference to" the saving of life. These portions will arrange themselves under two heads, viz., such as directly provide for the saving of life, and those which indirectly do so by the preventing of shipwrecks and other casualties. Our space will not admit of our enlarging on them in our present issue, but we hope to be able to return to the subject in our next number.