The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-03-04 00:00:00

THE MERCHANT SHIPPING BIIL

We have received an early precis .4 the Bill,
which Mr. Chamber' du hit -n Is shorty Co int• eloce,
-boding with the Merchant Snipping f thi country.
and we foal warm' that It will meet the improral
emoy ,oe who dedres the het•er proonlion .4 the
live. of our march& it MIS 111•0, and the "oil, in I at
omen:miaow owuere who do not ileellat+ to moil
heavily 'moire.' mila• ship. to am. Mr. I'. M. I' Imer,
M.P., the representative for Durham U•. S., ond
other merchant ship owner., may sneer that Mr.
Chamberlain is g iing t io a penic,'•
but a rational public will probably an leretand for
themselves Mi-re the peak lie.. A M 041,11, men
to ire draatic w all have b en mile is.., liot I-• nq
hope the pa -g of the no • t be ititroluced by the
Pre.' lent of the Bard .4 Tr• le will ...II th • bet
oote of the Moill of practice., a lie.trac • in
Con, and t io long hlindly and wilfully •goored.
The object of the Bill is to prom .te the sec trity
lif- ml property ac eel, and the I -.ling pried 'h. of
the Bill. t • mace the lotoros an well ait the dot,
of every obit., en r to bring hi. ventno, t • -efe tor-
Th., Bill is divi led hit' three princieal
'arm. The fi dof tlime deals Mill pr p ore' alt r,-
tions in the law, the mcond with the at pr -
°adore for the re.tention of nnee•worthy chi, and
inouiris• into ehip.iing casualties, ant the third wth
th• arat-en t n,e ore naesotrem,ote.
Tim general oriomples f the Bill are, fir.t, to alier
the law eo as to prevent • person by moms of the con.
tract of in.urance obtein-ng in any c ise in thu an
In leconity for any es be may actually suffer by the
loss of or damage to the thing homed(' ; and, mem 111,
to prevent • shipowner recovering anything tin ier •
marine Insurance if his ship is nnmairoithy at -Rasing,
or if the Lee is doe to unseaworthinem which might
nave been prevented.
Am mg other claums, l pr ivilei that in the con-
tract of servios between • .hip 'wee, and hi. mein.n
there obeli be implied an absolute undert ,king that
the ship le emiworthy when she start.. Tole is an
ex•iin.ion of the preeent law m en icted by section 5 ,4
the Merchant Shipping Act, 1871 i, whi,•h createe an
olditati io on the shipowners to We all Timone,'"
means to molar* the iseemorthinees of the ship,
Clauses 31 end 83 propom the aboliti -not
miry pil -tare. Thl. m ,co ,mm old." hr the wow"
o immittoe which rat on the Plintag• Bill .4 11471).
,Vith the ab dition of compute wy pil once the 1,110112
lion whlc.h a shipowner at prevent ei-joye fr .ftl4aboity
hr los. or ,larnige •tising from oegligent namg.tion
in cases where the employmeat of a pil. t II compul-
wiry will cease.
Clause 34 is designed ti make unsmworthinew on
leaving a port in the United Kingdom prinvi facie •
misdemeanour in the rev-milli'. owner of the ship.
At prepoint aection 4 of the Act of 1876 makes unsex-
frontline's. anal. leineannar lithe pos m who sends the
ship t see, or attempt. t es of her to sea. The
iliffionl!y ander the present law Ileu in proving who
"mint the ship to sea. The present clan., Will shift
the burden of proof, and, whore • ship i. f .ct un-
seaworthy, throw 'he bardso on the owner or showing
that th'' unueew•lribineen Wel Jim! ifi ibis or excusable.
Clam" 31 is intended to meet a cam i,, which the
Merchant Shipping Act of 1854 is defective. By the
MAI section of the Merchant Shipping Act of 164
it is • misdemeanour for an officer or *lnman tr be
guilty of ants endangering life on board his own ship,
but there is no pr ',WOO extending this provision to
acts endangering life on lo wird oat, shin..
The &MUce of the prop wed tiew @jam is that
there wi I horeatter be no detentio., by a Governm•ht
ofilow alone. When a chip I. detained it will here-
after in every case be either with the concurrence of
the rep.ment Wye of the shipowners, •ir by order of
the Admiralty Court But the Government officer will
have the power to war, both owner, rooster, and crew
that the ship is imitate ; and In such cem• the ehip.
owner who disregards the warning, beside. running
the risk of losing hie craw, will send his .hip t' me at
hle peril.

h- pr aviantic.nc.rnins metvarement 1 t ,not:a
110 int.. 01 10 CAI ry .0• re...nnrin•ri I .•ion...f 1,1
Itoy•I C nounis.ion which ininittl.l ill I"I
Prooltiuti I. made r carefol rect,al in th. nlhisl
log of ever?, ranted, I fo' sending the full rep Its
of all pr-laminavy inquiries Int a ear.ak• awl raci•ltiev
to Liorce, cisose• 7 to 83, which C 1•01108 have been
inwirtaisl et the sumteption of LI
The exproviev inc arra! by tip. Government In relh.r.
leg aorl mewling home &dragged seamen are thrown
upon the ships to which they have hvlongr.l. or won
tholr wviresh awl, in default, upon the Mercantile
Myriam Fuud, deuce 87.