judicially put in force within the limits of the British empire, means for putting in force obligations, which, though contracted within the limits of the empire, have frequently to be fulfilled in other parts of the globe.

Justices of the peace have many functions to perform under this act. They have to adjudicate in the case of seamen refusing to join the ship for which they have engaged, or absenting themselves without leave, and in complaints for the various descriptions of breach of agreement or duty on either side, which are particularly set forth in the act.2 The penalties are recoverable " by information and summary proceeding before any justice or justices of the peace, in and for any part of Her Majesty's dominions

where or near to the place where the offence shall be committed, or the offender shall be."3 Summary action is given before a justice for arrears of wages not exceeding £20.4

The act embodies certain sanatory regulations, requiring ships carrying a specified number of persons, and proceeding on a certain length of voyage, to have surgeons on board, and enjoining the distribution to the crew of certain commodities supposed to counteract the deleterious effects of feeding on salted provisions.5 One of the most important portions of the act is a series of arrangements for keeping a register of seamen, and for each seaman having in his possession a ticket which he obtains on giving the information necessary for entering him on the register. It appears that two justices have by the act authority summarily to decide in prosecutions for assault and battery on board vessels in the same manner as in England justices have jurisdiction in such questions arising in that part of the empire. Cognizance may be so taken "in the case of any assault or battery committed on board any ship belonging to any subject of Her Majesty in any part of the world" by any two justices residing at or near any port or place at which the said ship may arrive or touch." The complaint must be brought within three months after the assault, or after the vessel has arrived at her port of destination, or after the parties have come within the jurisdiction of the justices.7

66

By" an act for the protection of seamen entering on board merchant ships,"8 the Board of Trade are to license persons "to hire, engage, supply, or provide" seamen to be entered on board merchant ships.9 Persons who engage

17 & 8 Vict. c. 112, § 6.—2 Ibid. § 7-12.-3 Ibid. § 62.— Ibid. § 15.5 Ibid. § 18.6 Ibid. § 19-30.-7 Ibid. § 44.-8 8 & 9 Vict. c. 116.Ibid. § 1.

seamen without license, unless they be the owners of a vessel, the master, or some person authorized in special connexion with the vessel, forfeit a sum not exceeding £20 for each seaman hired.1 There is a penalty not exceeding £5 leviable on any person who demands money from a seaman for engaging him. There are penalties for unlicensed persons soliciting seamen to lodge with them, and for lodging-keepers overcharging seamen, or detaining their effects. Penalties are recoverable before two justices of the place where the offence is committed, or the offender may be.4

SECT. 2.-Precautionary Regulations for Steam and other Vessels.

In 1846 an act was passed appointing precautionary rules for the public safety, chiefly applicable to steamers, but in some respects affecting all sea-going vessels. It appoints all iron steamers above a certain tonnage to be built in compartments.6

Vessels of 100 tons or upwards are prohibited from proceeding to sea unless they have boats duly supplied with requisites, in number according to the table set forth in the act. Every vessel carrying more than ten passengers must also have a life-boat and two life-buoys.7 Every sea-going steamer begun to be built after the passing of the act, must, in addition to the boats in the table, and instead of a lifeboat, have paddle-box boats, or such other boats as may be directed by the admiralty. No steamer of 100 tons is to proceed to sea without a hose for extinguishing fire attachable to the engines. When any of these regulations are neglected, the owner, if he be in fault, forfeits a sum not exceeding £100, and the master, or other person in charge, if in fault, forfeits a sum not exceeding £50.10 Officers of the customs are prohibited from clearing out vessels in which any of these requisites are deficient."

There are regulations for the manner in which steamers are to pass each other, and power is given to the admiralty to make and publish rules for the exhibition of lights in steam-vessels, under penalties for neglect or omission.12

Declaration. There are provisions for compelling the owners of steam-vessels to send half-yearly declarations of particulars regarding their state to the Board of Trade, and

18 & 9 Vict. c. 116, §§ 3, 5.-2 Ibid. § 8.-3 Ibid. §§ 10, 11.-1 Ibid. $12.9 & 10 Vict. c. 100.-6 Ibid. § 2.-7 Ibid. § 3.- Ibid. § 4.-9 Ibid. $5.-10 Ibid. § 7.-" Ibid. § 8.-12 Ibid. § 9-13.

for corresponding certificates of registry being granted, which are necessary to be produced before the vessel can be cleared at the Custom House.1

Accidents. Whenever a steamer occasions or suffers a serious accident, the master must immediately transmit through the post-office to the Board of Trade, a signed report of the circumstance, and its probable cause, stating the vessel's name, and port, and the place where she is; when by non-appearance it is supposed that a vessel is lost, a similar notice must be sent. A sum not exceeding £50 is forfeited for neglect. The Board of Trade may appoint persons to inquire into such casualties and to report, and all facilities must be given for conducting the inquiry that are practicable without delaying the vessel.3 Inspectors may summon and examine witnesses, administer oaths, and call for documents. Persons are not to be required to travel more than ten miles to give evidence before inspectors without having expenses tendered to them. Persons obstructing the inquiry are liable to be seized, and taken before a justice, who may summarily levy a penalty not exceeding £5, or may subject the party to imprisonment not exceeding two months, in case of default.5

Penalties.-No prosecutions are to be held under the act, unless at the instance of the Lord Advocate or of the Board of Trade. The miscellaneous penalties are summarily recoverable before any two justices, one justice being entitled to issue a summons. A complaint may be heard in absence of the accused, on proof of due service of the summons.7 Offences committed at sea are held for the purposes of jurisdiction to have been committed in the place to which the party accused is brought, or where he is found. The penalties are levied by distress and sale, and by imprisonment in default. There is an appeal from the judgment of the justices to the quarter sessions.10

SECT. 3.-Emigrants' Protection.

8

In 1842, an act was passed for the protection of emigrants from injury by the fraud or recklessness of persons conducting the business of conveying them to their places of destination. A portion only of the act can be considered as locally applicable to Scotland. Its provisions do not in

4

19 & 10 Vict. c. 100, § 14-17.-2 Ibid. § 19.-3 Ibid. § 20.- Ibid. § 21.Ibid. § 22.-6 Ibid. § 30.-7 Ibid. § 23.- Ibid. § 24.-9 Ibid. §§ 25, 26.10 Ibid. § 34.-11 5 & 6 Vict. c. 107, as amended by 8 & 9 Vict. c. 14.

general apply to cabin passengers. A number of minute regulations are set forth in the act, limiting the number of passengers to the tonnage and space, regulating the proportional supply of provisions, providing for medical attendance, &c., the general scope of which may be understood from the following clause, enacting penalties for default of the several specific enactments :

"Be it enacted, that if in any ship carrying passengers on any such voyage as aforesaid, such lower deck or platform, of such thickness as herein-before directed, shall not be laid and continued throughout the whole duration of any such voyage in such manner as is herein before required; or if the height between such lower deck or platform and the upper deck shall be less than six feet; or if there shall be more than two tiers of berths; or if such berths shall not be securely constructed, or shall not be of the dimensions herein-before required; or if there shall not be throughout the whole duration of any such voyage such an interval as is herein-before prescribed between the deck and the floor of the berths; or if any such ship shall clear out and put to sea not having on board tanks or sweet casks of such size and number as aforesaid, and such water and provisions as aforesaid, for the use and consumption of the said passengers, of the kind and to the amount and in the proportion herein-before required; or if such water and provisions shall not be issued in manner herein-before required; or if such ship shall not be provided with good boats according to the rates aforesaid; or if copies of this act shall not have been kept on board and produced on demand as hereinbefore required; or if there shall not be on board any such vessel such medical practitioner as aforesaid, or such medicines and other things necessary to the medical treatment of the passengers as is herein-before required; or if any such ship shall be cleared out before such list of passengers as herein-before mentioned shall have been delivered in manner and form aforesaid to such officer as aforesaid; or if the additions to such list and such additional separate list or lists as aforesaid be not made in the cases aforesaid, and delivered in the cases in which they are herein-before required to be delivered; or if any such list, or the additions to the same, shall be wilfully false; or if any such list, including the additions, if any, to the same, shall not be exhibited to or deposited with the proper officer at any port or place at which it is herein-before required to be exhibited or deposited; or if

15 & 6 Vict. c. 107, § 51.

any passenger shall, without his previous consent, be put on shore at any place other than the place at which the master had contracted to land such passenger; or if any passenger shall not be allowed to continue on board such ship in manner herein-before provided; or if every such facility for inspection shall not be afforded as is herein-before required, the master of any such ship shall for and in respect of each and every such offence be liable, on such summary conviction as herein-after mentioned, to the payment of a fine not exceeding £50 sterling British money."1

While passengers are not deprived of their right of action for breach of contract, the special penalties of the act are made recoverable at the instance of the permanent emigrant agent, or an officer authorized by the customs.2 When intending emigrants, after having paid any passage money, are, by the fraud or carelessness of the parties contracting with them, deprived of their passage, or delayed, they are entitled to recover their passage money, or to subsistence during delay.3 The penalties, return passage money, and subsistence money, may be recovered before two justices, acting either for the place where the complaint has arisen, or where the party complained against may happen to be. The summons may be granted by any one justice on complaint, the proceedings may be in absence if the party have been duly summoned, and the amount is recoverable by distress and sale.*

SECT. 4.-Lighthouses.

The management of the lighthouses on the coast of Scotland is regulated by the act 6 & 7 Wm. IV. c. 79. For the purpose of systematic arrangement, and preventing such coincidences as may make one light be mistaken for another, the local lights and other sea marks established by corporations or other bodies, are placed under the control of the Commissioners of Northern Lights, and no alteration can at any time be made on them without the consent of that body.5 At the same time the commissioners cannot make any alterations on the existing lights, or erect any new lights without the approval of the Trinity House in London. Power is given to the commissioners and their officers to seize the contents and apparel of vessels when tolls established under authority of the act are not paid. The commissioners have remedial

5 & 6 Vict. c. 107, § 27.-2 Ibid. §§ 28, 29.-3 Ibid. § 22.- Ibid. § 29. -56 & 7 Wm. IV. c. 79, § 38.-6 Ibid. § 42.—7 Ibid. § 54.