IN our last Number we gave a summary of this most important Bill, which we trust will be consummated as the " Merchant Shipping Act, 1870," in the next Session of Parliament.

We likewise commented on those clauses of the Bill, as far as the end of the Third Part, which, more particularly affect the object of the NATIONAL LIFE-BOAT INSTI- TUTION, viz.: " The preservation of Life from Shipwreck." We now proceed briefly to remark on the other parts of the Bill.

Part IV. is solely of a commercial cha- racter.

Part V. defines the extent to which a shipowner shall be held liable for personal injury or loss of life to any person on board his ship, or for damage or loss to any goods carried on board when such injury, damage, or loss was not occasioned by or with his actual fault or privity, and provides for the empannelling of juries for the trial of such cases, and the summoning of all necessary witnesses.

Clause 393, which defines the extent of the liability of the shipowner for loss of life or personal injury to any one on board his ship, or caused by collision with his ship through her improper steerage, is as follows :—• • " The owner of any ship, whether British or Foreign, shall not, in cases where any or all of the following events occur without his actual fault or privity, that is to say— " (1.) Where any loss of life, or personal injury is caused to any person being carried in his ship.

" (2.) Where any loss or damage is caused to any goods, or other things whatever on board his ship.

" (3.) Where any loss of life or personal injury is by reason of the improper naviga- tion of his ship caused to any person carried in any other ship or boat.

" (4.) Where any loss or damage isf by reason of the improper navigation of his ship, caused to any other ship or boat, or to any goods or other thing whatsoever on board any other ship or boat— " Be answerable in damages in respect of loss of life or personal injury, either alone or together, with loss or damage to ships, boats, goods, or other things, to an aggre- gate amount exceeding 151. for each ton of his ship's tonnage; nor in respect to loss or damage to ships, goods, or other things, whether there be in addition loss of life or personal injury or not, to an aggregate amount exceeding 81. for each ton of his ship's tonnage; but shall be answerable as- aforesaid, in respect of every distinct occa- sion on which any such event or- events occur, to the same extent as if no such event had occurred on any other occasion." These requirements are, as regards the loss of life or injury to the person, precisely the same as in the Act of 1862, which Act was an amendment of that of 1854.

The next clause, however, makes Foreign vessels also amenable for loss of life or injury to the person of British subjects.

This part of the proposed Act is one of undoubted importance. The liabilities for loss of life, or injury to the person, are more especially necessary where a system of marine insurance prevails, which in num- berless cases relieves the shipowner of all pecuniary interest in the safety of his vessel.

We could wish that, whilst the upright shipowner should not be harshly dealt with , when loss of life occurs, not occasioned by j any fault of his, yet that in flagrant cases of I sending overladen or unseaworthy ships to ! sea, such as in the case of the Utopia, recorded in the sixty-fifth number of this journal, a | heavier punishment than any pecuniary penalty or remuneration to the relatives of those thus deliberately sacrificed, should be exacted.

Part VI, headed "Wrecks, Casualties,) and Salvage," includes all matters connected with the loss or serious damage of vessels by stranding, foundering, or collision with other craft. The first fifteen clauses of this part relate to investigation, and define the duties of the Receivers under the Act, and j of those who are authorised, in the absence j of the Receiver of the district, to act for j him ; and give him, as did the former Act, ; the supreme command of all persons present at the scene of a wreck.

Clause 417 authorises the master of any ship or boat, stranded or in distress, to repel by force any person, not a Receiver or Receiver substitute, who shall attempt to board his vessel without his permission. [ Clause 419 requires all persons finding t and taking possession of wreck, whether i owners of the same or not, to give notice of the fact as soon as possible, to the Receiver, and if an owner, requires him to describe in the notice the marks by which he has dis- tinguished it.

Clause 420 requires the master of any British ship or boat taking possession of any wreck at sea, beyond the limits of the United Kingdom, to deliver the same on his arrival in a British port to the Receiver of the district, or if he shall have previously delivered it to the owner, or have otherwise disposed of it, to render an account of the same to the Receiver, and hand to him the proceeds, if any, that he may have received for it.437 to 439 decree, as did the | former Act, that for all services in saving • life or property from any British ship or • boat a reasonable sum for salvage shall be paid by the owner of the vessel; the salvage 1 for life being payable in priority of all other claims, and that when there shall not be a | sufficient amount of property saved to adequately remunerate the salvors of life, the Board of Trade may award, from the Mercantile Marine Fund, such remuneration as they may think fit.

Clause 440 to the end of this Part refers exclusively to salvage of property, jurisdic- tion, valuation, disputes, apportionment of salvage, enforcement of salvage claims, agreements as to amount, &c.: the appoint- ment of Receivers, their powers, and re- muneration, &c. It also, by the 453rd clause, entitles the officers and men in the Coastguard service to remuneration for, services rendered in watching and protecting wrecked property, according to a scale to be determined on by the Board of Trade.

A very important portion of this part of the Bill is that which relates to the claims on the owners of wrecked vessels and their cargoes, by those who have contributed to the saving of them, or of the lives of persons on board them.

In either, case it will be observed that the same vague expression as to the amount of salvage payment is used as in the Act of 1854, viz.: "A reasonable sura for salvage." It may be thought by some persons that a clearer definition as to the amount of salvage payments might have been made; such, however, would, we think, be impracticable, as the circumstances under which both lives and property are saved are so varied in character, that each case must be decided on its own merits.

As regards the saving of life, since the NATIONAL LIFE-BOAT INSTITUTION has undertaken to pay for such services on the coasts of the United Kingdom, we believe that in comparatively few cases has the law been enforced which makes shipowners amenable for saving the lives of their vessels' crews, when property has been salved.

In making those awards, when the services have been performed by the life-boats of the Institution, the boatmen working them receive payment according to a fixed scale except for services of a more than usually dangerous or arduous nature, when they are proportionally increased.

The salvage of property does not, strictly speaking, fall within our province; it is, however, a work of so much importance, and has given rise to so much angry feeling and i disputation between shipowners and salvors, ! and has occasioned so much animadversion j on the part of foreigners, that we think it j deserving of more than a passing notice. j The jurisdiction in salvage questions is essentially different, as now proposed, from that instituted under the Act of 1854, since justices of the peace are now, in virtue of their offices, to have no jurisdiction. We will quote in full that part of Clause 440 that confers jurisdiction, and which will pro- bably be the law that will in future deter- mine such cases.

" Clause 440. Disputes as to salvage, whether of life or property, shall, in the United Kingdom, be heard and determined as follows, and not otherwise; that is to say— " 1st. If either the amount claimed does not exceed 201., or the value of the pro- perty saved does not exceed 50L, or if the parties consent in writing, the dispute shall be heard and determined by the Receiver of the district where the services were rendered, or where the property saved is at the time of the making of the claim, and his award shall be final and conclusive against all persons.

" 2nd. In other cases, if either the amount claimed does not exceed 300L, or the value of the property saved does not exceed 1000Z., or if the parties consent in writing, the dispute shall be heard and determined by the Local Court of Admiralty having jurisdiction in the place where the services were rendered, or where the property is at the time of the making of the claim.

" 3rd. In other cases, the dispute shall be heard and determined by the Superior Court of Admiralty." Another important distinction between the new and the old Act, if we understand the former rightly, is, that there is no appeal from the decision of the lower au- thority to a higher one. In the Act of 1854, in cases of dispute, either an owner or salvor could appeal from the Receiver to the Jus- tices of the Peace, from the latter to the High Court of Admiralty, and from that court to the Privy Council; whereas, in the proposed Act of 1870, the decisions of the Receiver, of the Local Court of Admiralty, and of the Superior Court of Admiralty, are each alike—final; the authority before which any dispute shall be brought for adjudication being determined solely by the amount of the claim and the value of the property saved.

We think that this alteration in the law is a beneficial one, as there v?ill not be the same inducement to the professional salvors to litigate, with the hope of obtaining larger salvage payments, in which they are said to have been often hitherto encouraged by attor- neys or agents, who, at the principal salvage stations, were regularly employed by them as their legal advisers.

The good working of this system will evidently, however, much depend on the constitution of the Local Admiralty Courts, and on the qualifications of the Receivers.

The possession of any property or interest in shipping, or in merchandize carried by sea, should be a disqualification to be a member of an Admiralty Court, or to act as a Receiver or Receiver's agent.

More especially will it be important that the Receivers should be not only uninterested in shipping, but that they should be men of integrity and judgment, with, if possible, a sufficient knowledge of maritime afiairs to be not altogether dependent on the opinions of others as to the character of the services rendered by salvors, in cases where seaman- ship is required and risk of life incurred.

At present, we believe the greater portion of the Receivers are Collectors of Customs, and perhaps, as a collective body, no more impartial or, on the whole, better-qualified men could be found; but a large propor- tion of them can have no practical know- ledge of seamanship; and we think there- fore that it would be desirable that to every Local Admiralty Court there should be attached one practical member—a seaman by profession—whose duty it should be to advise the local board and the receiver on all professional questions in cases of dispute, for which, in every case of his being called on, he should receive a fee of fixed amount, independent of the relative value of the property salved or claim for salvage.

As Clause 450 authorizes the Board of Trade to appoint, from time to time, any officer of customs or of the coastguard, or, where thought more convenient, any other person to be a Eeceiver of wreck, it may be presumed that the majority of those officers will continue to be taken from the customs and coastguard services; but at the same time, that they will not invariably be so.

By Clause 452, Receivers are entitled to the payment of all their expenses, and to certain fees, the amount of which is laid down in the 14th schedule of the Bill. All fees received by a Receiver are, however, to be carried to and form part of the Mercan- tile Marine Fund; but he will be paid, for his own use, such remuneration as, with the consent of the Treasury, the Board of Trade may from time to time appoint; and he will not be entitled to take any fee for his own use, or to receive any other renranera- tion whatever. We think the provisions of this clause are very judicious.

The subject of " Salvage of Property " on the sea-coast is a very important one; but as we so recently discussed it at length in No. 55 of this Journal, we will not now fur- ther enlarge on it, but confine ourselves to the expression of a hope that the effect of this Act will be to do justice, as far as possible, to the shipowner, on the one hand, and to the valuable class of men who earn their livelihood by the salvage of wrecked pro- perty, on the other.

Part VII., extending from the 456th to the 517th clause, has solely reference to pilotage.

Part VIII. From clause 518 to clause 560, deals with lighthouses, light-vessels, sea-marks (including buoys), and all con- nected with the lighting, beaconing, and buoying our coasts, estuaries, and harbours.

Part IX. Conservancy. From Clause 561 to 584, concerns all that is connected with the preservation of our shores and harbours, obstructions to navigation, &c.

and confirms the transfer of the jurisdiction I over the harbours and shores of the United Kingdom from the Admiralty to the Board of Trade, save and except any harbour, port, bay, estuary, or navigable river, in or ad- joining to which there is or shall be any of Her Majesty's dock-yards, victualling-yards, steam-factory-yards, arsenals, or naval sta- tions, which may, on due notice being given by the Admiralty that the interests of H.M. Naval Service require that such places shall be entirely or in part withdrawn from the operation of this clause, be thereby excepted from the same.

Excepting also, to some extent, the River Mersey, and reserving to the Admiralty to appoint two of the conservators of the River Thames.

Part X. From clause 585 to 625 relates to harbours. Empowers the local harbour authorities, within certain limits, to raise or lower the dues levied by them ; gives them authority over harbour-masters and other officers of the port; empowers them to make bye-laws, to purchase land, erect warehouses, &c., and requires them to pro- vide life-boats, tide-gauges, and barometers; also provides for the Service of Hull Cus- toms, &c., &c.

The 614th clause decrees that harbour authorities should provide an efficient and well-appointed life-boat when required to do so by the Board of Trade, and such mortar, rockets, and other apparatus for saving lives from shipwreck, as that Board may direct or approve.

Part XI. Loans to Harbour Authorities.

This part empowers harbour authorities to borrow money for the construction, im- provement, maintenance, and lighting of public harbours, from the Public Works Loan Commissioners, on the security of the harbour dues : the amount of such loans in no case to exceed 300,000?.

Part XII. enables the Board of Trade to make provisional orders conferring, on per- sons wishing to obtain the same, statutory powers for constructing, selling, purchasing, leasing, maintaining, regulating, &c., a har- bour, or for executing, or abandoning, or for extending the time for executing any work connected with a harbour or with navigation, or for levying or altering dues, or for constituting or altering the constitu- tion of a harbour authority, &c.

Part XIII. Local charges on shipping.

Treats of all connected with harbour dues, and defines those which may, and which may not, be levied.

Part XIV. The Board of Trade. This part defines the functions of that Board under which our whole Mercantile Marine is placed, and which, even if no other duties devolved on it, might therefore be considered one of the most important public bodies in the kingdom.

In connection with the immediate objects of the NATIONAL LIFE-BOAT INSTITUTION, by far the most important clause in this part is the 673rd, which empowers the Board to appoint Inspectors to report to them on the following matters, or any of them :— (1.) On the nature and causes of any accident or damage which any ship has sus- tained or caused, or is alleged to have sus- tained or caused.

(2.) Whether this Act, or any regu- lation made thereunder, has been complied with.

(3.) Whether the hull and machinery of any steam-ship are sufficient and in good condition.

The remainder of the clause is then de- voted to denning the powers of the inspec- tors, and other details.

It will be readily conceived how much of the success of an efficient supervision of our Mercantile Marine must depend on those officers. A Board in London cannot be ubiquitous, and if those persons to whom is intrusted the duty of carrying its be- hests into execution are deficient either in capacity or honesty, all the most wisely-con- ceived regulations must be utterly useless.

Thus a leaky, unseaworthy, ill-found, or overladen ship might be suffered to go to sea through the incapacity of an ineffi- cient Inspector, through the carelessness of a neglectful one, or through the venality of a dishonest one who directly or indi- rectly might think it to his interest to avoid giving offence to a wealthy and influential shipowner, and lamentable loss of life might thereby ensue, as, it is patent to every one, has times out of number happened through such ships being permitted to leave our ports.

Part XV. Mercantile Marine Fund.

This part provides for the continuance of the Mercantile Marine Fund, which was originated by the Merchant Shipping Act of 1854.

Clause 674 explains the sources from which this fund is raised—as follows:— There shall continue to be a common fund, called the Mercantile Marine Fund, an account whereof, called the Mercantile Marine .Fund Account, shall be kept with Her Majesty's Paymaster-General.

There shall be carried to this fund— 1. All payments other than, fines and forfeitures received by the Board of Trade under parts two and three of this Act.

2. All payments received by any general lighthouse authority under part eight of this Act.

3. All proceeds from the sale of land sold by any general lighthouse authority under part eight of this Act.

4. All payments mentioned in the four- teenth schedule to this Act which are re- ceived by Receivers in pursuance of part six of this Act.

Clause 675 declares the application of this fund, viz., in brief, The payment of all expenses connected with Local Marine Boards, examinations, and shipping offices, with the survey of passenger steam-ships, with the inspection of places in ships occu- pied by seamen or apprentices. All ex- penses incurred by the general lighthouse authorities on the works and services of lighthouses and sea-marks. The expenses of superannuation, allowances, and compen- sations, &c., granted by the lighthouse authorities; the expenses attached to Re- ceivers and their 'duties; also for the esta- blishment and maintenance on the coast of j the United Kingdom of life-boats, their I crews and equipments ; and for remunera- j tion or reward for the preservation of life i in cases of shipwreck and distress at sea.

On the }ast most important clause we desire to offer some remarks. Shortly after the passing of the Merchant Shipping Act of 1854, an agreement was made between the Board of Trade and the ROYAL NATIONAL LIFE-BOAT INSTITUTION, that, in fulfilment of the above clause, the Board should chiefly contribute to the life-boat work by assisting the Institution to supply life-boats, and maintain them on the coast, whilst at the same time not refusing its aid to such, local bodies as maintained efficient life-boat esta- blishments, and submitted them to the in- spection of officers acting under the Board.

It was likewise agreed that the Board should undertake the entire provision and mainte- nance of rocket and mortar life-saving appa- ratus on the coast of the United Kingdom, and the general superintendence of the same, the working and management devolving on the officers and men in the coastguard ser- vice.

From the above year until recently, the Board has, in varying degrees, rendered its pecuniary aid, and invariably its prompt and cordial co-operation to the LIFE-BOAT INSTITUTION, which aid has been, especially through the years of its nonage, of the utmost value to it. In consequence, however, of the noble manner in which the public of the United Kingdom have supported it, the In- stitution has been enabled now voluntarily to relinquish the further pecuniary aid of the Board, and is thus enabled successfully to carry on its great work without any Government help whatever.

With reference to the general application of that fund, and having in view the sources from which it is obtained, we think that since it is solely paid by the Mercantile Marine, so it should be expended directly or indirectly for its benefit. We believe that a considerable surplus is now, at the end of every year, paid into the Consolidated Fund, and thereby altogether diverted from shipping.

We would suggest a mode in which it might be expended, which, whilst it would directly benefit a valuable part of our mari- time population, viz., our fishermen, would indirectly be of service to our merchant shipping, and at the same time be a benefit to the country.

There are all round our coasts many little coves and half-formed natural harbours, where little communities of fishermen nestle together, often pursuing their useful and frequently hazardous calling under great difficulties. Very many of them, by the ex- penditure of a small sum, varying from 50?.

to 50QL, or in some cases perhaps reaching to 1,000?., might be converted into com- paratively safe and commodious havens for the humble craft, which, although they are not to be compared with the stately vessels that frequent our larger ports, yet daily and hourly discharge their tiny loads of whole- some and nutritious food, which, spreading over the length and breadth of the land, administer to the comforts and luxuries of thousands of homes. Apart, however, from the great benefit which the multiplication of such small ports would be to our fishing population, they would often be literally harbours of refuge to the crews of merchant coasting vessels, who have had to desert their sinking hulls and take to their boats.

The two remaining Parts of the Merchant Shipping Bill, viz., Part XVI.—Provisional Orders; and Part XVII.-—Legal Procedure ; call for no especial remark.

We therefore conclude this cursory sketch of the Merchant Shipping Bill, by reite- rating our impression as to its vast im- portance, by acknowledging the great labour and ability which have been bestowed on it, and by expressing the hope that, after going through the Parliamentary crucible, it may, with God's blessing, be the means of promoting the welfare of the vast ship- ping community of this realm, and of indirectly benefiting the whole community of the United Kingdom.