83 83 139 140 141 Interference authorized by treaty Consul not to interfere with Masters or Agents. 142 Salvage expenses 143 Voluntary agreement for salvage 144 Consul to claim and preserve goods 145 146 147 Communication to interested parties 148 149 Goods lost or damaged at sea Papers saved Sale of wrecked articles Admission of wrecked goods for consumption 150 General average 151 Fees and expenses 152 Certificate of Registry 153 Summoning a Naval Court 154 Upon every wreck, etc., report to be made to Board of Trade Additional security if ship is owned by Foreigners Consul to transmit statements, etc., to Court of Admiralty. Return of fees to be made to Secretary of State No extra charge to be made in respect of matters incidental 89 89 89 90 90 Paragraph. 180 181 182 183 184 No. SUBJECT. Power of Master to sell a ship Notices of lights and other matters affecting navigation Piracies to be reported Numbers of ships and Certificates of Masters and Mates to be stated. APPENDIX. TITLE OR DESCRIPTION. C. 1. C. 3. C. 5. C. 6. C. 7. C. 8. C. 9. C. 10. C. 12. C. 13. C. 14. Former instructions repealed Provisional Certificate of Registry Entry of Discharge of Mortgage on Certificate of Mortgage Drawing of the Flag to be hoisted by all British Vessels for a Pilot Register Book of British Ships entering Consuls' ports Attestation of alteration of agreement Certificate to be indorsed on agreement in case of discharge Account of Wages and Effects of a Seaman left behind at a 17 17 42 43 44 53 & 64 103 55 59 & 61 61 96 & 97 91,94, 95, & 97 84 Consul's Order for conveyance of distressed British seamen, 95 C. 16. C. 17. C. 18. & 89 C. 19. Register Book of Names, etc., of Distressed British Seamen 79 C. 20. C. 21. Subsistence List (17 and 18 Vict., c. 104, s. 211) Account of payments for clothing supplied by Consul to $62, 71, & 78 76 TITLE OR DESCRIPTION. Account of expenses paid by Consul for medical assistance Account of Travelling Expenses paid by Consul for distressed Account of Postages paid by Consul on business connected with Board of Trade 170 C. 25. Account of proceeds of sale of effects, and of money in pos- 97 C. 28. C. 29. Form of account current C. 30. Form of security for salvage by persons residing in Foreign Consuls: PART I. In respect of matters provided for by instruc- PART II. In respect of matters referred to in instruc- Annual Statement of the gross amount of fees and remu- : CONSULS' INSTRUCTIONS, ETC. 151, 163, & 173 176 PRELIMINARY. 1. THE following instructions relate to matters affecting Preliminary. the British Mercantile Marine, which by recent Legislation, and especially by the Merchant Shipping Act, 1854,* (a copy 17 & 18 Vict. of which is annexed to these Instructions,) have been placed under the general superintendence of the Board of Trade. In framing them, the substance of those parts of the Act which specially relate to the Consuls' duties has been extracted, and where the case admits of it, special directions are given as to the details of the business to be transacted by the Consul, and as to the mode in which the powers vested in him should be exercised. He will, however, remember, that the Instructions do not dispense with the * Vide Preface. c. 104. obligation under which he lies of making himself acquainted with the Act itself. The Act is not a codification of the whole law, written and unwritten, relating to British merchant ships and merchant seamen; but a consolidation and amendment of the Statute Law upon these subjects. The Common Law, except where altered by Statute, remains still in force. 17 & 18 Vict. The former Acts are repealed by the Merchant Shipping Repeal Act, 1854, a copy of which is also annexed.* c. 120. Former Instructions repealed. Form (C. 1) in Appendix. Explanation of Instructions. S. 2. British Ownership sole qualification. 2. The Consul will find that, in consequence of the passing of the recent Acts, and of the issue of the present Instructions, the Instructions and documents mentioned in Form (C. 1) in the Appendix are superseded. 3. The Paragraphs in these Instructions are numbered for facility of reference, and marginal notes are added with references to the Acts of Parliament, Orders in Council, etc. Where these references contain the number of the section only, the reference is to the Merchant Shipping Act, 1854. In the Appendix to the Instructions will be found various Forms to be used by the Consul. These forms, as well as those contained in the Schedule to the Act, must be strictly adhered to when the occasions for using them arise. The Consul will see that the word "Consular Officer" in the Act includes Consul-General, Consul, Vice-Consul, and any person for the time being performing the duties of any of those officers. The word Consul is used in the same manner in these Instructions, which must, so far as concerns the relative position and duties of the officers above mentioned, be construed according to the regulations concerning the relations between them for the time being in force. The Consul will also see that throughout the Instructions the word "Seaman" is intended to include every person employed to serve in any capacity on board ship. BRITISH SHIPS. 4. The recent changes in the laws relating to navigation have removed many of the conditions formerly requisite to entitle a ship to carry the British flag, and to claim British privileges and protection. A ship may now be a British ship, and yet have been built at a Foreign port, and be manned and commanded by foreigners. The sole requisite which remains is, that she be owned by persons who owe Vide Preface. allegiance to the British Crown, and are subject to British law. These persons are defined to be,— British Own (a). Natural-born subjects, who have not sworn alle- Definition of giance to any Foreign State, or who, having done so, have ership. subsequently sworn allegiance to Her Majesty. (b). Persons who have been made denizens or naturalized, and have subsequently sworn allegiance to Her Majesty. (c). Bodies corporate, subject to the laws of, and having their principal place of business in some part of Her Majesty's dominions. And with respect to natural-born subjects who have sworn allegiance to any Foreign State, and to persons who have been made denizens or naturalized, it is required, as a further condition, that they shall either be resident in the British dominions, or members of a British factory, or partners in a house actually carrying on business in the British dominions. S. 18. of Owner 56, 58, 74. 5. For the purpose of ensuring compliance with the law, Declarations which defines the necessary conditions of British ownership, ship. and also for the purpose of making correct entries in the s. 38, 39, 40, Register Books of the particulars which constitute a title to shipping, certain declarations and certificates are required on the first registry of a ship, on transfers and transmissions of ships or shares in ships, and on transmission of interest in mortgages. Forms of these documents are contained in the Schedule to the Act, and are therein marked B., C., F., G., H., and L. They must, if made by persons resident in Her Majesty's dominions, be subscribed before the Registrar or some Justice of the Peace, as mentioned in the sections referred to in the margin; but where they are to be made in Foreign countries they may be made before a Consul. When s. 31. application is made to the Consul for this purpose, he will see that the instrument is in the proper form, and contains all the particulars required in each case; he will point out to the parties the meaning of those statements which relate to their character as British subjects, and he will warn them that for any false statement on this point the declarant is guilty of a misdemeanor, and that the interest in respect s. 103. of which the declaration is made is liable to forfeiture. He will himself witness and attest the document and affix his Consular seal. If he is aware that any statement in the document is false or erroneous, he will refuse to attest it unless corrected; and if he has reason to believe this to be the case, but has no means of satisfying himself on the point, |