§ [Bill 99. Bill showing the Amendments proposed by Government, 99*.]
§ House in Committee (according to Order.)
§ Clauses 1 to 3, inclusive, agreed to.
§ Clause 4 (Sending unseaworthy ships to sea a misdemeanour).
§ LORD CARLINGFORDsaid, that this clause for the first time created a criminal offence in our colonies to be tried and punished here—namely, that of sending a ship to sea in an unseaworthy state. He would not discuss whether it was or was not politic to make that attempt without the consent of the colonies, 1131 particularly the great self-governing colonies of Canada and Australia. He himself, as it happened, was responsible for the Act of 1871, which made sending an unseaworthy ship to sea to the danger of life a criminal offence, but he never contemplated creating an offence beyond the boundaries of the United Kingdon. The Government had evidently found it a difficult matter to legislate upon, because they had added to the Bill, during its passage through the other House, the Proviso—
A prosecution under this section shall not be instituted except by or with the consent of the Board of Trade,and it was now proposed to add, "or of the Governor of the British Possession in which such prosecution takes place." He should be glad to know whether the Government had fully considered this point.
§ Clause agreed to.
§ Clauses 5 to 12, inclusive, agreed to, with Amendments.
§ New Clause inserted after Clause 12 (Application to foreign ships of provisions as to detention).
§ Clauses 13 to 18, inclusive, agreed to.
§ New Clause inserted after Clause 18 (Provision as to survey of foreign passenger steamer or emigrant ship).
§ Clause 19 agreed to.
§ Clause 20 (Space occupied by certain deck cargo to be liable to dues).
§ THE DUKE OF SOMERSETdrew the attention of the Committee to the total absence from the Bill of any provision for limiting the quantity of gunpowder, glycerine, and other explosive substances, or for regulating the storage of such articles. In many cases these explosives were shipped on board as ordinary merchandize, without any notice to the owners or commanders; and beyond question many disasters had originated from this cause. He trusted the Government would bring up a clause to regulate the shipment of explosive materials.
§ THE EARL OF SHAFTESBURYwarmly supported the proposal of the noble Duke, and hoped that it would be acted upon by the Government.
THE DUKE OF RICHMOND AND GORDONsaid, he was under the impression that some rule regulating the shipment of such goods was in force, but he would look into the subject, and would be prepared, in the event of its being necessary to take action in the matter, to bring up a clause relating to it on the Report.
§ Clause agreed to.
§
Clause 21 (Penalty for carrying deck loads of timber in winter) struck out, and the following new clause inserted in lieu thereof:—
After the 1st day of January, 1877, if a ship, British or foreign, arrives between the last day of October and the 16th day of April in any year at any port in the United Kingdom from any port out of the United Kingdom, carrying as deck cargo, that is to say, in any uncovered space upon 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 description; that is to say—
The master of the ship, and also the owner, if he is privy to the offence, shall be liable to a penalty not exceeding five pounds 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 one hundred pounds) (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—
§ LORD CARLINGFORDexpressed his approval of the new clause, as under it Norway and Sweden would not be placed 1133 at a disadvantage when compared with other countries.
THE DUKE OF RICHMOND AND GORDONsaid, that the Government had felt the force of the observations made by the noble Lord on the second reading on this subject, and in consequence of what was then suggested they had re-considered the whole matter and had brought up the clause which was now proposed to be inserted in the Bill. Should anything more be thought necessary it could be considered on the Report. He would take that opportunity of pointing out to the noble Duke opposite (the Duke of Somerset) that by the 23rd section of the 36 & 37 Vict. c. 85 the carrying on board any ship of any of the dangerous goods—gunpowder and other things—specified, would make the parties liable to a fine of £100 for each offence.
§ Clause agreed to.
§ Clauses 22 to 24, inclusive, agreed to.
§ Clause 25 (Application to foreign ships of provisions as to detention).
THE DUKE OF RICHMOND AND GORDONsaid, this clause had become unnecessary, its enactments having been embodied in Clause 13.
§ Clause struck out.
§ Remaining clauses agreed to, with Amendments.
§ The Report of the Amendments to be received on Friday next; and Bill to be printed, as amended. (No. 160.)
§ House adjourned at half past Six o'clock, to Monday next, Eleven o'clock.