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The Merchant Shipping Act. Second Article

Is proposing in our last Number a further consideration of this Act, we stated that those portions of it which have to do with the prevention of loss of life from shipwreck would naturally arrange themselves under two heads, the one embracing those parts which directly provide for the saving of life, after a wreck or other casualty has occurred; the other consisting of such portions of the Act as have for their objects the prevention of wreck or other accident, whereby to lessen the amount of loss of life and property which would without such precautionary measures infallibly take place.

The former of these heads is the one which is more immediately connected with the work of this Society, as its name, " The National Life-Boat Institution," imports.

Since, however, we may be better able to explain the character and point to the probable results of that portion of the Act, when the Government scheme for assisting in the good cause is more fully developed than it is at the moment of our writing, and as the prevention of accident naturally in point of time precedes the counteraction of its effects after it has occurred, we propose in the first place to consider those parts of the Act which indirectly affect us, and to postpone our remarks on those which directly do so until our next Number.

Nor is it possible on this subject to exaggerate the importance of acting on the old adage, "Prevention is better than cure;" for not only may thereby a vast amount of property be saved which would otherwise be lost, and so ruin and misery be averted from many, but, what is of still more importance, the loss of life that too often occurs beyond the reach of any assistance may be prevented.

We may indeed, although we have not yet done so, establish life-boats and the Mortar or Rocket life apparatus at every station in the United Kingdom, where they can be made available to save life, yet after all, how many parts of our coasts are ironbound, whence no life-boat can be launched ? On how many parts the shores are so flat that no vessel but those of the smallest size can come within the reach of the projected line ? How many banks and shoals rise up through the deeper water across the mariner's path, where several miles of dangerous sea must be crossed, and a long interval of time elapse before the life-boat, if she make her way at all, can arrive? And, again, through how large a portion of time during the winter months, the dark veil of night mshrouds all things on sea and land, and eaves the stranded ship to be broken in pieces or ingulfed in the waves, and her lapless and despairing crew to yield up their lives with-no recorder of their fate, and no other witness to their last struggle than the wild sea bird as it wheels in restless flight around the scene of desolation.

In treating of a matter at once so important and embracing several subjects, on some of which whole treatises might be written, our chief difficulty will be to compress our remarks into so small a compass as we have at command in the pages of this Journal.

We shall therefore not attempt to discuss in detail and at length the principles and merits of each, but merely take a general view of them, and show their bearing on the one great object, the alpha and omega of this Institution—" the Preservation of Life from Shipwreck." We will take the several divisions of the subject mostly in the order in which they occur in the Act; and in the first place we may remark on the Act generally, that the consolidation of all former Acts into one, and the placing the whole under the authority and superintendence of a single Board, are great advantages and improvements in themselves, and will tend largely to secure effectual legislation on the subject. Some idea may be formed of the extent and value of this consolidation, when we state that the present Act supersedes the authority of no less than thirty-four former ones, extending over the period from the 8th year of the reign of Queen Elizabeth to the 17th of Queen Victoria.

The 1st part of this Act, sections 14 to 16, authorizes 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.

This we regard to be a most important enactment, which if effectually carried into execution must be productive of the best results. We believe that the absence of official inquiry into the causes of wrecks and other accidents on board merchant ships has been indirectly a fruitful cause of their occurrence, and that a rigid investigation into them would as certainly lead to a great diminution of their number. And why should not such investigation take place? If a man-of-war gets on shore and sustains injury, or if any other serious accident befals I her, a strict inquiry invariably takes place, and the captain and other responsible officers are held amenable for any neglect that may have occurred. Yet our merchant-vessels have been wrecked on our coasts by hundreds in a single year, and thousands of valuable lives have been sacrificed, without any kind of inquiry as to the causes, and without any one being held responsible Vessels have been lost and their crews drowned—the insurance has been paid, new craft built, and fresh crews obtained. And thus new vessels have supplied the places of old ones—-other generations of seamen have sprung into the places of those who have gone—the supply has been equal to the waste—and all has been taken as a matter of course. We do, however, trust that such a state of things will soon be matter of history only, and that as we now wonder at our forefathers having legalized and engaged in the monstrous traffic in slaves, so our posterity will look with as great astonishment at the fact, that those who have gone before them in this Christian and civilized country should have attached so little value to our seamen's lives, as most assuredly we shall appear, to them to have done. With regard to the other duties of the Inspectors, 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, no one will be disposed to dispute the wisdom of such requirements. If it were merely a question of loss of property, official interference would not be so imperative, and it might be safely left to those whose interests are at stake to make such precautionary arrangements for the safety of their property as their own prudence, intelligence, and enterprise might dictate to them; but every one who is acquainted with the facts of the past, and has any knowledge of human nature, must feel satisfied that the guardianship of men's lives cannot be safely intrusted to the keeping of private and irresponsible persons, especially when their interests lead to an opposite direction, and thus necessarily disqualify them for so sacred a duty. We shall hope hereafter to see this official inspection extended to all sailing vessels as well as steamers, and trust that the time is at hand when no seaman or passenger shall sail from a British port without an official guarantee that every practicable step has been taken to ensure his safety.

In addition to the clauses above quoted, which provide for special investigation and inspection, Part IV., sections 303 to 311, provides for the half-yearly survey of all passenger steam-ships by local Shipwright- Surveyors and Engineer-Surveyors appointed for the purpose by the Board of Trade, which Surveyors shall, after satisfying themselves that they can with propriety do [so, furnish the owners of such vessels with declarations as follows:—• The declaration of the Shipwright-Surveyor shall contain statements of the following particulars; (that is to say), 1. That the hull of the ship is sufficient for the service intended, and in good condition.

2. That the partitions, boats, life-buoys, lights, signals, compasses, and shelter for deck-passengers, and the certificates of the master and mate or mates, are such, and in such condition, as required by this Act.

3. The time (if less than six months) for which the said hull and equipments will be sufficient.

4. The limits (if any) beyond which, as regards the hull and equipments, the ship is in the Surveyor's judgment, not fit to ply.

5. The number of passengers which the ship is in the judgment of the Surveyor fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins; such numbers to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried, or other circumstances, as the case requires.

And the declaration of the Engineer-Surveyor shall contain statements of the following particulars; (that is to say), 1. That the machinery of the ship is sufficient for the service intended, and in good condition.

2. The time (if less than six months) for which such machinery will be sufficient.

3. That the safety-valves and fire-hose are such and in such condition as are required by this Act.

4. The limits of the weight to be placed on the safety-valves.

5. The limits (if any) beyond which, as regards the machinery, the ship is in the Surveyor's judgment not fit to ply.

And such declarations shall be in such form as the Board of Trade directs.

These declarations are required to be forwarded by the owner to Her Majesty's Board of Trade within fourteen days of their receipt, who will thereupon transmit to the said owner a certificate in duplicate, to the effect that the provision of the law with respect to the survey and transmission of declaration has been complied with, and that the requiremeuts of the law as detailed in the above-quoted declarations are fulfilled ; one duplicate of which certificate the owner or master shall cause, to be put up in a conspicuous part of the vessel to which it has reference, where it may be seen by the passengers and all other persons on board her. Thus affording them an official guarantee of their security.

The appointment of a Surveyor-General for the United Kingdom is likewise provided for, whose duties will be to exercise a supervision over the whole of the Surveyors in the various ports.

The value of these provisions for affording security to passengers by steam must be self-evident to all, we will therefore make no further comment on them, than to reiterate our hope, nay our conviction of the necessity, of the extension of similar provision for the security of the seamen themselves, who in every description of sailing vessel, from the small coaster with its crew of two or three hands to the splendid ship that trades to India and the China seas, form so important a class of the British community, and whose lives, especially those in our coasting trade, are so constantly placed in jeopardy.

Part II., "sections 20 to 26, establishes an unproved measurement for tonnage. Perhaps there has been no more fruitful cause of shipwreck and consequent loss of life than the imperfect systems which have hitherto prevailed for calculating and defining the tonnage or burthen of merchant-vessels.

The manner in which this effect has been produced will probably be known to most of our readers, but doubtless not to all: we will therefore shortly explain it.

In itself the mode of calculating tonnage would not have affected the question of shipwreck, but in consequence of all rates, dues, tolls, and taxes on shipping being proportioned to the registered tonnage and not .to the actual burden of ships, it has been the interest of the shipowner to build his craft of such a form as should give her the smallest registered tonnage with the largest actual burden, and the anomaly has become common of ships whose actual burden or capacity for cargo has far exceeded and even almost doubled that at which they were registered. But the form of hull required to -ensure this end has been the worst conceivable for speed of sailing, and the consequence has been that, with the exception of a few vessels, such for instance as those in the fruit trade, our merchant ships have become notorious as worse sailors than those of any other nation; and no encouragement has been given, until the last few years, to the naval architect to improve his models and introduce a superior class of vessels.

Now it will be evident, even to a landsman, that a vessel's safety may often depend on her sailing powers, that where one ship will work off a lee shore another will drift helplessly on to it; that where one will fetch the port of safety in a gale, another will drift to leeward of it. Such, indeed, has been the effect, to an enormous extent, of the premium that has hitherto virtually existed on bad sailing ships. It is therefore obvious that any change in the mode of calculating the tonnage which should remove the inducement to build ill sailing-vessels must be indirectly preventive of loss of life from shipwreck.

As regards the change of the mode of calculating tonnage now introduced into the Merchant Shipping Act, we do not propose to offer any opinion as to whether or not it is the best mode that could have been devised, on which point differences of opinion will no doubt be entertained by different persons; but inasmuch as the measurement of internal area are taken much more in detail and more scientifically than by any former mode, and as a much nearer approximation between the actual and nominal tonnage will result, we hail it as a valuable auxiliary to the cause we advocate.

Part III., sections 130 to 140, institutes and regulates examinations of masters and mates of " Foreign Ships," and of " Home- Trade Passenger Ships," as to their qualifications.

These examinations are conducted under the direction of the Local Marine Boards by Examiners appointed by them and approved of by the Board of Trade, and on their reporting any candidate " to have passed the Examinatian satisfactorily, and to have given satisfactory evidence of his sobriety, experience, ability, and general good conduct on board ship, a " Certificate of competency" is granted him.

Certificates of a somewhat different character, entitled " Certificates of Service" are also provided, to be granted to persons who had served as Masters in the British Merchant Service prior to the 1st January, 1851; or who have attained or may hereafter attain certain ranks in Her Majesty's Naval Service or that of the East India Company, in which services they will have previously passed equivalent examinations.

But little comment will be needed on this valuable provision of the Act. Its importance is too self-evident to make it necessary to do so. Even if facts had not proved such to be the case, we might readily suppose that very many vessels come to an untimely end, and but too often their crews with them, through either the incompetency or the inebriety of those in command or in charge of them. It is indeed undoubtedly one of the most fruitful sources of disaster, and that more especially amongst the home trade of colliers and other coasting vessels. We will merely, therefore, further observe, with reference to the above clauses, that we hope to see them by and bye extended to every sailing vessel, in addition to the home-trade passenger ships ; for it is only by such equal legislation that it can be shown that the lives of the seamen themselves are as much valued as those of the landsmen passengers, and that the duty of protecting them is considered as imperative.

The next sections, having reference to the prevention of loss of life from shipwreck, to which we have to advert are the 240th to the 242nd, which 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 oi competency and service in certain cases, such as drunkenness, tyranny, or other gross misconduct.

These clauses are only secondary to those we have last commented on, inasmuch as their object is to remedy an evil already in existence rather than to prevent its coming into being at all. Happily they extend their authority to all merchant vessels, and are not restricted to those of the foreign trade and to home-trade passenger ships.

Sections 260 to 266, are somewhat analogous to the preceding. Instituting Naval Courts on the high seas and abroad for the investigation of complaints aboard merchant ships either on the part of the master or men, aud also to investigate the circumstances attending the wreck or abandonment of any British ship abroad, with power to supersede a master or discharge a seaman, reporting their proceedings in every case to the Board of Trade.

Section 295, which directs the use of such lights and fog-signals as shall be regulated by the Board of Admiralty. Section 296, which prescribes certain modes of steering to prevent collision at sea on vessels nearing each other when pursuing different and contrary courses. And section 297, which requires every steam-ship, when navigating a narrow channel, to keep on that side of the fairway or mid-channel which lies on her starboard side, are all precautionary measures which will, more or less, have a tendency to prevent accident, but which do not require enlarging on. Of a similar nature also are sections 300 to 302, which direct that every iron steam-ship shall be divided by transverse water-tight partitions; that every passenger- steamer shall be provided with a safety valve beyond the control of the engineer ; that every sea-going passenger steamship shall have her compasses adjusted from time to time; that she shall be furnished with a hose to extinguish fire, in connection with the engine; and that she shall be provided with a gun, ammunition, and other means for making signals of distress.

Sections 326 and 327, by compelling the owner or master of every steam-ship to report to the Board of Trade the occurrence of any accident affecting the sea-worthiness of the vessel, or occasioning loss of life or serious injury to any person on board, will also without doubt secure additional precaution and carefulness in many instances.

Part V., sections, 330 to 388, regulates and provides for a system of pilotage around the coasts of the United Kingdom.

Part VI., sections 389 to 416, provides for the establishment, maintenance, and management of lighthouses, buoys, and beacons; and regulates the light-dues, their amount and mode of collection.

The importance of these two departments, pilotage, and the establishment of lighthouses, buoys, and beacons, in preventing accident, is so self-evident that it is a truism to affirm it. The intricate navigation of our coasts, rendered still more complicated by the irregularities of the tides, would be quite impracticable without the most efficient system of each being effected. As, however, they still remain very properly under the efficient control and jurisdiction of the Trinity House, Deptford Strond, and as, with the exception of the whole being placed under the general supervision of the Board of Trade, no alteration of importance has, we believe, been made in them, we will not attempt to discuss the merits and demerits, the perfections and imperfections of each in detail. Nor, indeed, are we sufficiently acquainted with their practical working to do justice to subjects of so much importance, and which, would require so much study, consideration, and experience to form any correct estimate of them, we will, therefore, without further comment on them, conclude our remarks on this first branch, of the Merchant Shipping Act, which regards the preservation of life the prevention of accidents at sea.

NOTE.—We are glad to observe, that the spirited proprietor of the Shipping and Mercantile Gazette has published the new Merchant Shipping Act n his journal of the 9th Sept. last. The Gazette can be had, price &J., either from 54, Gracechurchstreet, or by order from any newsvender in town or country.