Power and procedure of court of survey. With respect to the court of survey the following provisions are made by the 8th section: (1.) The case shall be heard in open court; (2.) The judge and each assessor may survey the ship, and (3.) The judge may appoint any competent person or persons cordance with the rules made under The county court registrar or such The 41st, 42nd and 43rd sections provide that in the application of the act to Scotland "Judge of a county court" shall "Registrar of a county court" shall In the application of the act to Ireland "Judge of a county court" shall include the clerk of the peace or In the application of the act to the Isle of Man detained, but unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released; (5.) The owner and master of the ship and any person appointed by the owner or master, and also any person appointed by the Board of Trade, may attend at any inspection or survey made in pursuance of this section; (6.) The judge shall send to the Board of Trade the prescribed report, and each assessor shall either sign the report or report to the Board of Trade the reasons for his dissent. The 15th section empowers the Board of Trade, if they are of opinion that an appeal under the act involves a question of construction or design, or of scientific difficulty or important principle, to refer the matter to such one or more out of a list of scientific referees approved by a Secretary of State, as may appear to possess the special qualifications necessary for the particular case, and may be selected by agreement between the Board of Trade and the appellant, or in default of any such agreement by a Secretary of State; and provides that thereupon the appeal shall be determined by the referee or referees, instead of by the Court of Survey. The Board of Trade, if the appellant in any appeal so require and give security to the satisfaction of the Board to pay the costs of and incidental to the reference, shall refer that appeal to a referee or referees so selected as aforesaid. The referee or referees have the same powers as a judge of the Court of Survey. The 9th section enables the Lord Chancellor to make general rules to carry into effect the provisions of the act, and provides that all such rules shall have effect as if enacted in the act (r). The 10th section enacts that if it appears that there was not Liability for reasonable and probable cause, by reason of the condition of costs and damages the ship or the act or default of the owner, for the provisional caused by detention of the ship, the Board of Trade shall be liable to pay to the owner of the ship (s) his costs of the detention and survey, (r) The rules now in force are printed in the Appendix, "Forms," Ños. 53 and 53A. (s) By the 13th section of the Act of 1873, which is repealed by the Act of 1876, the Board of Trade were liable to pay compensation to any per- detention. Application to foreign ships of provisions as to detention. and also compensation for any loss sustained by him by reason of the detention. If a ship is finally detained under the act, or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of the act, the owner of the ship shall be liable to pay to the Board of Trade their costs of the detention and survey, and those costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable. This section contains also further provisions as to costs, and the proceedings for the recovery of the same. The 11th section provides that where a complaint is made to the Board of Trade or a detaining officer that a British ship is unsafe, the Board or officer may require the complainant to give security to the satisfaction of the Board for the costs and compensation which he may become liable to pay as thereinafter mentioned: Provided that 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, such security shall not be required, and the Board or officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this act. 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. The 13th section contains the following provisions :-Where' a foreign ship has taken on board all or any part of her cargo at a port in the United Kingdom, and is whilst at that port unsafe by reason of overloading or improper loading, the provisions 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: (1.) A copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer (†) (t) Defined by the same section to mean any consul-general, vice-consul, consular agent, or other officer recog nized by a secretary of state as a consular officer of a foreign state. for the state to which the ship belongs at or nearest to the place where the ship is detained; (2.) Where a ship has been provisionally detained, the consular officer, on the request of the owner or master of the ship, may require that the person appointed by the Board of Trade to survey the ship shall be accompanied by such person as the consular officer may select, and in such case, if the surveyor and such person agree, the Board of Trade shall cause the ship to be detained or released accordingly, but if they differ, the Board of Trade may act as if the requisition had not been made, and the owner and master shall have the appeal to the Court of Survey touching the report of the surveyor which is before provided by this Act; and (3.) Where the owner or master of the ship appeals to the Court of Survey, the consular officer, on the request of such owner or master, may appoint any competent person who shall be assessor in such case in lieu of the assessor who, if the ship were a British ship, would be appointed otherwise than by the Board of Trade. Section 22 contained provisions with regard to the mode in Grain cargoes. which cargoes consisting of grain, corn, rice, paddy, pulse, seeds, nuts or nut kernels, described as "grain cargoes," should be carried and stowed. This section, except as to penalties already incurred, is repealed by the Merchant Shipping (Carriage of Grain) Act (43 & 44 Vict. c. 43 (u)), which contains more minute provisions of a similar character as to the precautions which should be taken to prevent grain cargoes laden on British ships from shifting, having reference to the ports where they are shipped. of wood. Section 24 of the Merchant Shipping Act, 1876, provides that Deck cargoes if a ship, British or foreign, arrives between the last day of October and the 16th April in any year (e) at any port in the United Kingdom from any port out of the United Kingdom, carrying as deck cargo, that is, in any uncovered space upon (u) This statute will be found in the Appendix, p. ccclxxn. See also the official notices issued by the Board of Trade thereunder, Parl. Paper, No. 95, sess. 1881, H. C. By sect. 8, officers having authority from the Board of Trade have the same powers under the () After the 1st day of Nov. 1876. 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 : (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, is liable to a penalty not exceeding 57. 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 1007. (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 interval 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 16th 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, |