Copyright in all countries signatory to the Berne Convention All rights reserved PREFACE TO THE SEVENTH EDITION Second Edition - 1966 Third Edition - 1974 Fourth Edition - 1977 Fifth Edition - 1979 Sixth Edition - 1982 Seventh Edition - 1989 Reprinted - 1993 Reprinted - 1998 SINCE the last edition of this book was published in 1982, the International Maritime Organisation has concentrated on the implementation of Conventions which had already been adopted in the seventies As a result the International Conventions on Prevention of Pollution from Ships (MARPOL 1973j78) and on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; the Convention on Limitation of Liability for Maritime Claims, 1976 and the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 were ratified by the required number of states between 1983 and 1987 and so came into force internationally These conventions were given the force of law in the United Kingdom by applying commencement orders to the appropriate Sections and Schedules provided for that purpose in the M.S.Act 1979 Relatively minor changes to shipping legislation were made by the M.S.Acts 1983 and 1984 and the law on pilotage in the U.K was revised by the Pilotage Act 1987 The loss of the ferry Herald of Free Enterprise in 1987 was followed quickly by the introduction of regulations which attempted to improve the operational safety of Roj Ro passenger ferries In May 1988 the M.S.Act 1988 was passed and partly brought into force This introduces, with other matters, changes which affect the registration of British ships in the future Unless otherwise stated I have endeavoured to give the legal position as at 31st December 1988 ISBN 85174 434 (Sixth Edition) ISBN 85174 537 (Seventh Edition) © 1998 SoN & FERGUSON, LTD., GLASGOw, Printed and Made in Great Britain BROWN, 041 2SD ACKNOWLEDGEMENTS FOR supplying documents and giving permission to reproduce them the author tenders his sincere thanks and acknowledges his indebtedness to:The Controller of Her Majesty's Stationery Office Publishers of Lloyd's Nautical Yearbook Lloyd's Register of Shipping The Institute of London Underwriters The Federal Steam Navigation Company Limited Trinity House Lighthouse Service The Port of London Authority The General Council of British Shipping The Baltic and International Maritime Conference (BIMCO) The International Association of Independent Tanker Owners (INTERTANKO) For kindly responding to requests for information on various topics the author also expresses his grateful thanks to:The The The The The Director Secretary Secretary Secretary Registrar of The Seafarers' Education Service of The Merchant Navy Training Board of The General Council of British Shipping of The Royal Thames Yacht Club General of Shipping and Seamen AUTHOR'S NOTES Whilst every care has been taken to avoid mistakes and to give up-to-date information, should any faults be found the author would greatly appreciate the publisher's attention being drawn to them so that they may be rectified in the future Suggestions for improvements will also be gratefully accepted Unless the context indicates otherwise, any references to the Board of Trade or to the Department of Trade and Industry which remain should be taken as though they were references to the Department of Transport References to the Secretary of State, unless otherwise stated, mean the Secretary of State, Department of Transport References to the Dt:partment mean the Department of Transport On 22nd May 1982 the Inter-Governmental Maritime Consultative Organisation (IMCO) changed its name to the International Maritime Organisation (IMO) After that date, unless the context indicates otherwise, references to IMCO which have not been altered should be taken as though they were references to the organisation's new narr.e LIST OF DOCUMENTS Certificate of Registry of m.v "Wild Auk" REPRODUCED Frontispiece Page British Tonnage Certificate Certificate of Class Certificate of Class (RMC) Certificate of Class (1981) Machinery Certificate (LMC) (1981) Interim Certificate of Class Extract from Lloyd's Register Book (Register of Ships) Notification of intention to make or add to a crew agreement ALC Crew Agreement ALC(NMB) I List of Crew ALC I(a) List of Crew ALC I(b) Notification of intention to discharge a seaman or seamen ALC Seaman's Allotment Note ASW Order for the Conveyance of a Seaman RR I Return of Births and Deaths RBD 1/79 Passenger Certificate and Passenger Ship Safety Certificate P & S I International Load Line Certificate Appointment by Master of an Agent to make report and Clear Outwards, C 74 Master's Declaration, C 13: Part A~ General Master's Declaration, C 13: Part B-Stores Passenger Return, PAS 15 Maritime Declaration of Health Light Dues Certificate 117-119 141 142 143 144 145 14H 1H9 191 202 202 204 215 221 226 377-378 419-420 5H4 586 587 594 597-59H 634 CONTENTS Preface Acknowledgements Author's Notes CHAPTER I Information about Law Liens, Contracts, Arbitration and Agency The Ship Master and Crew Log Books, Protests and other Records Accommodation, Provisions and Water, Health and Hygiene Safety, Seaworthiness, and Public Welfare : Carriage of Passengers The Shipment, Carriage and Delivery of Goods 10 Procedures on Arrival at and on Departure from a Port II Wreck and Salvage 12 Lighterage, Towage and Pilotage 13 Lighthouses and Light Dues 14 Marine Insurance and Average 15 Limitation of Liability of Shipowners and Others 16 Some Government Department and other Institutions concerned with Shipping and Seafarers 17 Glossary and Terms and List of Abbreviations of Shipping Terms 18 Calculations APPENDIX I Carriage of Goods by Sea Act, 1971 II Harter Act, 1893 Ill York-Antwerp Rules, 1974 IV Lloyd's Marine Policy Institute Time Clauses, Hulls Institute War and Strikes Clauses (Hulls-Time) V Institute Cargo Clauses (A) Institute Cargo Clauses (B) Institute Cargo Clauses (C) VI Institute Warranties VII Lloyd's Standard Form of Salvage Agreement VIII Lloyd's Average Bond : IX Lloyd's Form of General Average Deposit Receipt X The Clauses of the Uniform General Charter (Gencon) XI The Clauses of the BIMCO Uniform Time Charter (Baltime 1939) , xi Page v vii viii 57 90 157 269 293 316 467 478 581 601 615 633 640 699 708 719 732 770 777 779 785 789 794 795 797 799 801 802 808 810 81 r 815 xii BUSINESS AND LA W FOR THE SHIPMASTER XII The Clauses of a Tanker Voyage Charter Party (INTERTANKVOY 76) 822 Bill of Lading (INTANKBILL 78) 831 XIII The Clauses of a Tanker Time Charter-party 834 XIV The Clauses of a Liner Bill of Lading 848 Form of Sea Waybill 854 XV Test Questions 855 XVI DTP International Maritime Agreements and Legal Knowledge Syllabus (Extra Master's Examination) 866 XVII List of Forms 868 Index 870 CHAPTER I INFORMATION ABOUT LAW Introduction Throughout this book references will have to be made to certain Acts of Parliament and to numerous rules and regulations That being so, it would seem that no apology is needed for beginning with a brief account of how our laws are made, administered and enforced, together with some explanation of those legal terms which are so often being brought to the notice of shipmasters and their officers Readers should understand that this has not been written by a lawyer and it is not intended for students of law who have at their disposal a full range of excellent text-books written by highly qualified law experts The purpose of this opening chapter is simply to place at the disposal of young ship masters and those who aspire to command some information about law which may assist them to a better understanding of the many problems they may be faced with in the course of their careers Teaching experience over a long period has convinced the author that a lack of at least some knowledge of this kind can be a considerable handicap whilst, on the other hand, it seems highly probable that those who are better informed will be likely to recognise more readily the circumstances in which assistance from a qualified legal adviser is really necessary That is the answer to any possible criticism to the effect that learning about the law might, to misquote the title of a well-known book, tempt "every man to be his own lawyer"-a possibly disastrous policy It is hardly necessary to add that no sympathy for "sea lawyers" is implied They are better left ashore ENGLISH LAW Making of Law Reference to Appendix I of this book will show that the preamble to the Carriage of Goods by Sea Act, 1971, is conc1ud~ d by the words: "Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows " Then follow (he various sections of the Act and the appended Schedule of Rules Although the theory of English law is that all justice proceeds from the Sovereign, this is a reminder-though one is scarcely needed-that I BUSINESS AND LAW FOR THE SHIPMASTER the reigning monarch cannot make laws by himself but is obliged to have the advice and consent of Parliament and to give his Royal Assent to all Acts of Parliament The Lords Spiritual are the archbishops and some of the bishops, whilst the Lords Temporal are the hereditary and the life peers, and they collectively form the House of Lords The Commons are the House of Commons, containing the elected representatives of the various parliamentary constituencies throughout England, Scotland and Northern Ireland England for this purpose, includes Wales Although Scotland sends members of Parliament to the House of Commons, Scottish law is different from English law, and in many respects the country is governed differently Northern Ireland not only sends members of Parliament to the House of Commons, but also normally has a Parliament of its own (The Stormont) which, owing to the current state of emergency in the province, is for the time being in abeyance The law which the courts have to interpret, and upon which the rights of individuals are founded, consists of the Common Law of England, the Rules of Equity, and the Statute Law The Common Law This consists of the law which has developed from and been founded upon ancient usage or Custom of the Realm as recognised by tbe courts In their decisions, the courts professed to be declaring and explaining the Common Law as it had always existed, but in practice their decisions often created the law and established precedents for future guidance In other words, cases were decided in accordance with the manner in which similar cases had been decided in the past Hence, Common Law is referred to as "Case Law" or "Law of Precedent" and it is binding on every court having a jurisdiction inferior to that of the court which gave the original decision Even courts of equal jurisdiction usually follow the earlier decision, particularly if it is of long standing and has never been questioned Much Common Law has, in relatively recent times, been incorporated into statutes passed by Parliament For example, the Marine Insurance Act, 1906, to which reference is made in Chapter 14, did not create any new law but merely codified the then existing law Rules of Equity Since the Common Law was understood to be based entirely on custom and precedent, in order to bring an action at Common Law, it was necessary to show that the cause of complaint was governed by some established precedent or custom, failing which the Common Law courts could give no remedy Because of this there arose a special class of pleaders, whose particular skill consisted of drafting the form of a plaint so that it should come within the scope of some precedent However, there was always a fiction that the Sovereign, as the fount of all justice, was in possession of certain principles of law unknown to the Common Law judges, by the application of which he was able to mitigate the harshness of the INFORMATION ABOUT LAW Common Law and give relief where none was available at Common Law Such principles were administrated by the King's Chancery by the Chancellor and his assistants who, being ecclesiastics, actually applied the rules of Roman Law in which they were all well versed These rules were the rules of Equity and were supplementary to, rather than contradictory of, the rules of Common Law Various Judicature Acts, consolidated by the Supreme Court of Judicature Act, 1925, have diminished the importance of the distinction between Courts of Law and Courts of Equity, although a distinction between law and equity still remains Today the Common Law Courts are able to give equitable relief and the Chancery Division of the High Court can give Common Law remedies That is to say that the Judicature Acts have abolished a system of having separate courts of law and equity and have provided for the convenient administration of both in the one court To take a simple illustration of the distinction between law and equity, consider the example of a trust where property has been conveyed to one person to be held in trust by him for another The Common Law says that A is the owner of the property Equity supplements the law by saying that whilst it is a fact that A is the legal owner, he holds the property on trust for B Obviously, the two sets of rights, legal and equitable, can be administered just as well in one court as in two A "bond" provides a further example A bond is a promise under seal to pay a sum of money as a penalty for the non-performance of some condition which is the real object of the bond At Common Law, the entire sum named was held to be payable on breach of the condition; but at Equity, no more could be recovered than the amount of the damage actually sustained by the breach of the condition, and this is all that can now be recovered Statute Law This consists of the various Acts of Parliament which are passed from time to time These may create new law or may either declare or overrule the existing Common Law In the sphere of private law there are three classes of statutes of particular importance viz.:1 The type of statute such as the Marine Insurance Act 1906, which takes a branch of the law developed by a long series of court decisions and casts the outcome of a mass of cases into the form of principles set out in the sections of an Act of Parliament Statutes such as the Conveyancing Act, 1881, which aimed at codifying the labours of conveyancers by importing into all documents of a certain class the provisions which are common form in all well drawn instruments of that class The statute which deals with an isolated point of private law where, for instance, a rule has become established by court decisio{ls which IS recognised to work injustice but which cannot be altered 6y the courts in view of the doctrine of binding precedent Statute has played a considerable part in the development of BUSINESS AND LAW FOR THE SHIPMASTER private law, but it is in the field of public law that its action is most in evidence Modern social services would be impossible without the existence of those new public authorities with powers fat' more extensive than the prerogative powers allowed to the Government by Common Law It was inevitable, therefore, that Acts of Parliament should have appeared, one after another, in rapid succession during the nineteenth and twentieth centuries Many Acts of Parliament are extremely complicated, and some consideration will now be given to the manner in which an Act comes into being Bills may be rejected by Parliament, and those that are passed are frequently amended during their passage through Parliament However, Parliament does not itself draft the bills which it considers Generally, statutes amending private law have been drafted by distinguished lawyers, sometimes on their own initiative, though more frequently at the instance of the Chancellor or of a committee which has reported in favour of a change in the law Most of the more recent statutes which deal with public law, on the other hand, have been drafted by a body of civil servants called the Parliamentary Counsel to the Treasury, working in collaboration with the civil servants of the particular ministry concerned The "Bill", which has put into a proper form the suggestions originally made for a new Act of Parliament, is then introduced into the House of Commons, by the minister concerned and certain other members of his party, whose names will appear on the back of the bill to signify their approval of it It is then given what is called a "first reading", which means that it is printed and made available for all members of Parliament to consider In course of time it comes forward for a "second reading", at which stage the Minister will address the House to explain the bill and the reasons for wanting it passed It is then debated under the chairmanship of the Speaker and put to the vote Assuming that a majority of the members of the House of Commons vote in favour of the bill, it will then be referred to Committee The Committee may be the whole House of Commons sitting in Committee, or a smaller number of members chosen from the different parties in the House in proportion to the strength of each party The function of the Committee is to consider the bill clause by clause, but there may be an arrangement known as the "guillotine" limiting the time for discussion of any clause The bill having been considered in detail in Committee, with or without additions or amendments, it is then reported to the House of Commons After the report, it is given a "third reading" and then sent to the House of Lords Procedure in the House of Lords is different from that in the House of Commons, but all that need be said here is that if the former decide to make changes in the bill, they could send it back in its altered form to the House of Commons who might accept the changes or make other suggestions and ask the House of Lords to accept those If INFORMATION ABOUT LAW agreement between two Houses cannot be reached the HOllse of Commons might wait until the next Session and send the bill again to the Lords If by sending up a bill three times in three successive Sessions the House of Commons keeps on asking for it, the bill will become law, even though the House of Lords rejects it every time Thus, although the House of Lords can delay a bill becoming law, they cannot in the long run prevent it The final stage before a bill becomes law is the receiving of the Royal Assent This is quite formal and is usually given by the Queen signing a Commission telling three members of the House of Lords to assent on Her Majesty's behalf They send for the Commons to attend in the House of Lords where the former are told "La Reine Ie veult" (The Queen wills it) In the case of a Money Bill the House of Lords has no power to alter or delay it The House of Commons alone is the body which passes Acts of Parliament for raising taxes Hence, the preamble to a Finance Act is worded in a special way and the Royal Assent takes a different and more elaborate form compared with that quoted above Regulations Many modern Acts of Parliament deal with matters so complex that it would be impossible for Parliament to devote sufficient time to the arrangement of all details Accordingly, a practice has grown up whereby an Act authorises the appropriate Minister to make regulations about details; and if any person breaks one or other of those regulations, he will have committed an offence in just the same way as if he had been in breach of the Act itself Regulations made pursuant to Acts of Parliament are issued in the form of Statutory Instruments and there are in force many thousands of them This will not be surprising to anyone who has considered, for example, the Merchant Shipping Act, 1979 Whilst Parliament is, quite rightly deeply concerned with the general principles of safety of life at sea, it is no more than logical to accept that the regulation concerning, say, the frequency of the testing of ships' reserve radio transmitters should be left to the recommendation of the appropriate civil servants of the Department of Transport • Courts of Law The English Courts of Law are divided broadly into criminal courts and civil courts, though there is some overlapping which will be apparent from what follows Police-Crime-Criminal Courts As long ago as 1829, the Metropolitan Police Force was created by an Act of Parliament and placed under the direct control of the Home Secretary A few years later, the Municipal Corporations Act provided for the establishment in municipal boroughs of a force of constables appointed by and partl/ under the authority of a Watch Committee of the borough council, and at about the same time the City of London acquired its own police BUSINESS AND LAW FOR THE SHIPMASTER force In 1856 the establishment of a similar force in each county was made obligatory on the county justices, though in 1888 control of county police passed out of the hands of the justices and was vested in a Standing Joint Committee consisting of (a) representatives of the then newly-formed county councils and (b) representatives of Quarter Sessions The Home Secretary has no direct control over county and borough police as he still has over the Metropolitan Police, but his indirect control over them is considerable for the reason that a large proportion of the cost of their maintenance is supplied by grants from the central government, which can be withheld in the event of standards of efficiency falling below what is required by the Home Office Moreover, since ]9]9 the Home Secretary has been empowered to make the necessary regulations to ensure uniformity in the pay and conditions of service in all police forces throughout England and Wales Whilst the chief duty of the police is to prevent the commission of crimes and apprehend suspected criminals, it is well known that they have many additional duties, not the least of which nowadays is traffic control In recent years a number of borough police forces have been merged in the surrounding or adjacent county force as part of a policy to reduce the number of separate constabularies in order to increase efficiency of police organisation throughout the country A crime may be defined as an act forbidden by law under pain of punishment, being an offence or injury which is not only a wrong to an individual but a wrong done to the community Thus, a crime is distinguished from a tort, which is an injury or wrong suffered by one person at the hands of another, irrespective of any contract between them Breach of contract is further distinguished by there being a contract in existence If A deliberately and maliciously breaks B's shop window, that is a crime If A carelessly and accidentally breaks B's window, that is a tort If A enters into a contract to supply B with certain goods on or before a certain date and, the contract not being frustrated, he fails to fulfil his bargain, then there is a breach of contract Torts and breaches of contract which may be subject to actions for damages are matters for civil proceedings and will be referred to again later Crimes in English law are divisible into indictable offences and summary offences The former, which admit of trial by jury, were, prior to ]967, further subdivided into felonies and misdemeanours The • Crimina] Law Act ]967, however, abolished this distinction Power to arrest a felon was given not only to constables but also to private citizens but in the case of misdemeanour no one could arrest an offender without a magistrate's warrant except in certain particular cases Under the new Act powers of summary arrest apply to offences for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years and to attempts to commit any such offence Any such offence or attempt is know as an INFORMA nON ABOUT LAW "arrestab]e offence" Any person may arrest without warrant anyone who is, or with reasonable cause is suspected to be, in the act of committing an arrestable offence Where an arrestable offence has been committed any person may arrest· without warrant anyone who is reasonably suspected to be guilty of the offence Similar powers of arrest are, of course, given to a constable who is further empowered to enter (if need be, by force) and sc;~ c~lrany place where the offender is reas~ )Dably suspected to be A ·person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders, suspected offenders, or persons unlawfully at large Penalties, consisting of imprisonment for a number of years,,:ean be imposed on persons found guilty of assisting offenders There are also penalties for concealing offences, giving false information and causing wasteful employment of the police The first step in the prosecution of any offence, indictable or summary, is normally either the placing of an information before a magistrate by some person acquainted with the facts who mayor may not be the injured party, or the arrest of the accused by a constable or a private individual without any preliminary information followed by a charge against the arrested person when in custody On receipt of the information the magistrate generally issues a summons requiring the accused to attend, but in the case of a grave charge made under oath he may issue a warrant to a constable for the accused to be arrested and taken into custody In the case of a non-indictable offence, enforcement of attendance by mere summons is most frequent At one time· there were strict rules of venue under which the accused had to be tried in the county where the crime was alleged to have been committed, but now-a-days he can be tried in"the county or place where he is held in custody Magistrate's Court of Summary Jurisdiction This is otherwise known as a Court of Petty Sessions, or a Police Court, but the latter name is apt to be misleading because the primary fJlnction of the police is to act in their capacity as witnesses The Police Court in any town is quite distinct froq} the Police Station Except in London and some large towns, administration of justice in these courts is stilI in the hands of justices of the peace who, with certain exceptions, are appointed by the Crown on the advice of the Lord Chancellor-the head of all judges, magistrates and lawyers In selecting county justices the Lord Chancellor usually accepts the recommendation of the Lord Lieutenant of the county, who is assisted by a selection committee In the case of borough justices recommeb.dations are received from the advisory committee of the borough It should be mentioned that many persons who have no intention of sitting as magistrates are appointed justices in recognition of their services to the community Despite the importlnce of the work of those who sit, J.P.'s are not required to have an expert knowledge of the law and they receive no remuneration for the BUSINESS AND LAW FOR THE SHIPMASTER work they It was only as recently as 1949, that powers were given to pay them their expenses, and even more recently that provision was made for all J.P.'s to have an adequte amount of legal training It is now considered desirable that more good candidates for appointment to the bench, should be selected from the wage-eatning sections of the population, and with this object in view the magistrates have become entitled to subsistence allowances in certain circumstances and allowances for loss of earnings Their retiring age has been lowered from 75 to 70 There must always be at least two J.P.'s to hear a case, one of whom acts as chairman and takes the lead A Clerk of Court, who is normally a qualified solicitor, is present to assist the justices and inform them on points of law In London a system has long been established of having qualified and salaried magistrates known as "stipendiaries" The Metropolitan Police Courts are staffed by magistrates, each of whom sits alone with powers that elsewhere can be exercised only by two lay justices sitting together This system has never been compulsorily extended to the rest of the country, but any borough or populous urban district willing to pay his salary may obtain the appointment by the Crown of a barrister of at least seven years' standi.1g to serve as a stipendiary magistrate for the district Proceedings in a magistrate's court differ according to whether the accused is to be tried summarily or by a jury For procedural purposes the Criminal Law Act 1977 further classified offences by establishing the following modes of trial:(i) offences triable only summarily; (ii) offences triable either summarily or on indictment; (ill) offences triable only on indictment Summary offences, which are the more numerous and less serious than indictable offences, are tried by magistrates If the defendant pleads guilty, the court may convict him without hearing evidence Attendance is enforced, as previously stated, by summons or arrest, with or without warrant After hearing each side and witnesses, the magistrates can convict or discharge the defendant On conviction they can punish the defendant by imposing a fine, or a short term of imprisonment; or they can defer sentence for up to six months to take account of the conduct of the defendant after conviction; or they can commit the defendant to the Crown Court for sentence The mode of trial for offences triable either way is laid down in the 11980 Act Magistrates listen to representations made to them by each side and then take account of the nature of the case, whether the circumstances make the case one of a serious character, the punishment they have power to inflict and any other circumstances which appear to make it more suitable for trial one way or the other If the magistrates decide that the case should be tried summarily, they explain this to the defendant and ask him whether he consents to be tried summarily or wishes to be tried by jury If he agrees to be tried summarily they proceed with summary trial; if he does not agree, they consider the I Magistrates' Courts Act 1980 I:\FORMATIO:\ ABOUT LAW evidence as examining magistrates, and if satisfied that it is sufficient, commit the defendant for trial at the Crown Court Summary proceedings for an indictable offence under the M.S Acts can be commenced at any time after the offence was committed Proceedings for summary offences should be started within six months of the offence being committed, or if one or both parties are out of the U.K during that time, within two months after they both arrive and are within the U.K and so that summary conviction is obtained within three years of the offence being committed Where the accused is to be tried on indictment, the magistrates conduct a preliminary examination to decide whether there is a strong enough case to justify them in committing the accused for trial The procedure is now regulated by the Magistrates' Court Act, 1980 This Act makes it essential for the accused to be present at the enquiry and to have the opportunity of cross-examining the witnesses against him He may be represented by solicitor or counsel In practice the enquiry is conducted in public, though this is not necessary The accused is not asked whether he is guilty or not guilty The case is opened by the prosecutor, who will be the private individual who laid the information, or a police officer if the police initiated the prosecution In either case the prosecutor may appear by solicitor or counsel The prosecutor calls his witnesses to be examined, cross-examined, and re-examined The clerk to the justices takes down the evidence which, after being signed by the witnesses, is read over to the accused Then the magistrates explain to the accused the nature of the charge against him, tell him that he can call his own witnesses and give evidence himself if he wishes The accused will be warned that if he desires to make a statement, anything he says will be taken down and used in evidence at the trial Any statement he makes is taken down by the magistrates He, if he chooses to give evidence, and any witness he may call are then examined in the same way as the witnesses for the prosecution, such evidence being recorded and signed The accused's solicitor or counsel may address the court on his behalf The magistrates, after considering all the evidence, may decide there is no case for trial; but if they decide otherwise, they will also determine at which particular Crown CO'Urt the accused should be tried, and whether he should be let out on bailor be remanded in custody until the date of the trial The granting or withholding of bail is entirely at the discretion of the justices, but usually when the accused has an established address and is not a notorious character bail will be allowed If bail is refused, there remains a right of application for it to the Queen's Bench Division of the High Court Finally, the magistrates will bind over the prosecutor to prefer an indictment against the prisoner, and bind over the witnesses for both parties to attend the trial They may also, in appropriate circumstances, assign legal aid to the accused under ttte Legal Aid Act, 1974 The question of legal aid in criminal proceedings including the provisions as to legal aid orders, the circumstances in INDEX PAGE PAGE A.B 182 Advance note 213, 739 A.B., Certificate of competency Advance of wages 214 as 182 Advance discharge 242 A.B Rating of 182 Advanced freight 501,741 Abandoned goods 61 Advances, Cash 214 Abandoned ship 606 Affidavit 27 Abandonment 678, 695 Affreightment, Contract of 478 Abandon ship order 402 After final sailing 502 Abandonment, Notice of 678 Agency 84 Abbreviations 727, 731 Agency Commission Clause 668 Able seamen 182 Agency fee 719 Absence without leave 193,210,244 Agency of necessity 86, 159 Access to accommodation 295 Agent 84 Access to ship 337, 373 Agent, Charterer's 483, 496 Accident reports 325 Agent, Del credere 85 Accidents Report form ARF fl 339 Agent, General 85 Accidents in loading, etc 658 Agent, Mercantile 85 Accidents to persons 256, 338 Agent, Shipping and forwarding 573 Accidents to ships 324, 372 Agent, Ship's (Shipowner's) 483 Accommodation, Crew 293 Agent, Special 85 Accommodation provided by local Agent, Universal 85 authority 229 Aggregate B/L freight 503 Accostage 719 Aggregate of claims 704 Account current with master 738 Aircraft casualties 355, 358 Account of wages 207-9 Aircraft, Contact with 657 Account sales 688 Aircraft forced to "ditch" 359 Act of God 510, 553 Aliens, Examination of 182 Act of war 553 Aliens, List of 585 Acts of Parliament All lay time saved 494, 500 Actual total loss 677 All risks clauses t>74 Additional measures, infected All seasons load line 426 ships 310 All time saved 494, 500 Address commission 506 All told 719 Adjustment of general average 663, All working time saved 500 684 Allotment 214, 735, 739 Adjustment of particular average 681 Allotment, Fortnightly 737 Administration of Justice Act, Allotment, Half monthly 215, 736 1956 42 Allotment, Monthly 215, 736 Admiralty jurisdiction of county Allotment note 214 court 42-43 Allotment, Weekly 215, 7F Admiralty jurisdiction of High Alteration in seamen's Court 36-42 documents 249 Admiralty Marshal 23 Alterations, Registry of 94 Admissibility of documents in Alternative tonnages 114 evidence 35,251 Always accessible 497 Ad valorem freight " 500 Always afloat 506 871 872 INDEX PAGE Ambit of port 505 Amendment of entries in official log books 276 Amount made good in G j A 682, 782 Anchors and Cables Certificate 250 Anchors, marking of 604 Annexes to official log books 275 Anniversary date 433 Annual safety equipment survey 381 Annual survey of cargo ships 371 Annual survey of passenger steamers 472 Annual survey, Load line 422 Apparent order and condition of cargo .• 543, 552, 562 Appeal 32, 212, 244 Appeal from Inquiry & Investigation " 53 Application of Collision Regulations 317 Application of Magistrates' Courts Acts 31 Application of penalties 35 Apportionment of Limitation Fund 706 Appropriate Load Lines 427 Appropriate person 96 Approved port , 312 Arbitration 76-84 Arbitration, advantages and disadvantages '" 77 Arbitration clause 83, 506, 530 Arbitration Judicial review 83 Arbitrator 77,79 Army and Air Force (Annual) Act 20 ARPA 390 Arrest " Arrest of ship 23 Arrestable offence Arrests, restraints of rulers, etc 512, 553 Arrival and departure 581 Arrived ship 486, 589 As customary 490 As fast as can " 490, 498 Ash shoot covers and valves 394 Assessors '" 711 Assigning authorities, load lines 418, 425 Assignment of free boards 421 Assignment of interest 653, 657 Assignmentof policy 653 Assistance to persons in distress 356 Assistant W atchkeeper 185 INDEX 873 PAGE PAGE PAGE Athens Convention re Passengers and luggage 467 At shipper's, risk 563 Atomic or nuclear fission 674 Attachment 27 Attachment to Safety Certificate 382 Attorney-General 23 Authorised pilot 624 Authority of agent 86 Automatic pilot and testing of steering gear regs " 406 Automatic radar plotting aid 390 Average 640 Average adjuster 683, 689 Average bond 684 Average, general 681-7 Average lay days, Right to 491 Average, Particular 679 Average statement 683, 687 Award of arbitrator 77,81 Award, Salvage 608 Berth no berth 499 Berth note 720 Berth, safe 497 Berth terms 507 Berthage 720 Bill drawn on owners 741 Bill of Exchange 576-9 Bill of health 599 Bill of lading (Bj L) 478, 532-550, 687 Bill of lading clause 507 Bill of lading freight 503 Bill of sale 95, 104, 150 Bill of store 720 Bills of Lading Act, 1855 547 Bills of Parliament Bj L, Bearer 535 Bj L, Clean 494, 503, 533, 563 Bj L, Combined transport 535 Bj L, Direct 534 BjL forms, Supply of 533 Bj L, Foul 533 Bj L, Homeward 537 Bj L in foreign language 562 Bj L issued by time-chartered ship 542 Bj L issued pursuant to voyage CjP 541 Bj L, Liner 538 Bj L, Lost 567 Bj L, Marginal clauses in 539 BjL, Open 535 BjL, Order 535 Bj L, Outward 536 Bj L, Received for shipment 534 BjL, Shipped 534 Bj L, Short Form 537 BjL, Signing of 542-5 Bj L, Straight 535 Bj L, Through 534 Births and deaths 222, 284 Black oil 155 Black smoke 465 Blank indorsement 536 Blockade 512 Blue Book 348 Blue Ensign 107 Boarding or leaving ship, Restrictions on 311 Board measurement foot 720 Boat drill 271,279,403 Boat notes 530 Boiler cleaning 528, 819 Boiler surveys 138, 370 Bond Bond, Average 684 Bond, Bottomry 331 Booking note 720 Both to blame collision clause 507 Bottom treatment clause 667 Bottomry 331 Boundary ports 429 Bow visors 395 Breach of charter-party terms 288 Breach of code of conduct 283 Breach of contract 69,71 Breach of contract, passengers 471 Breach of crew agreement 195 Breach of duty 233 Breach of immigration laws 245 Breach of statute 362 Breach of warranty 651 Breach of warranty clause 656 Breadths 140,146 Breakage 511 Breakage of shafts 513 Breakdown clause 524 British merchant 328 British Nationality Act, 1981 225 British Seaman's Cards 246 British ship 90 British Shipping, General Council of 713 British subject 91 British tonnage 110-120 British Tonnage Certificate 117 Broadcasting licence 250 Broker 85, 147,483 Brokerage 85, 150, 483 Brokerage clause 150, 484 Broker's lien 646 Builder's certificate 95 Builder's policy 642 543 Bulk cargoes, Signing Bj L Bulk liquid carriers 154 Bulkhead draught 146 Bulkheads, watertight 373, 393 Bunker clause 528 517 Bunkering clause, P & I Bunkers 528 Burial, Cost of 692 Burning cargo as fuel 687 Bursting of boilers "r 513 Bye-laws, Infringement of 10 By the head 147 By the stern 147 B Back freight 501 Back letter 545 Bad stowage 564 Bail 28 Bailee clause " 696 Balance of freight " 742 Balance of wages 735 Bale space " 522 Baltic Exchange 712 Bank, Mortgage of ship to 100-2 Bank guarantee 684 Bank release " 576 Banker 85 Bankruptcy 74 Bar bound 719 Bar draught 719 Bar port 719 Bar to other actions 705 Bareboat charter 153 Barges, Oil transfer from 454 Barratry 512, 640, 658 Barrister 24 Beams, Hatch 342 Bearer BjL '" 535 Beds 298 Benefit of fall 720 Benefits, National Insurance " 256 Berth 497 Berth as ordered 487 Berth List of rojro ship 396 Berth, Loading on the 151 C Cables, Chain 132 874 INDEX INDEX PAGE Cables, Telegraph and power 465 Cabling agents 483 Cadets 161,193 Calculations 732 Calendar month 732 Calibration of D.F 389 Calling for orders 509 Canal owners 707 Cancellation of certificate of competency 237 Cancellation of load line certificate 422 Cancellation of official log book entries 276 Cancellation of passenger steamer's certificate 473 Cancellation of policy 645 Cancellation of Safety Certificate 379 Cancellation of Tonnage Certificate 124 Cancelling date 485, 523 Cancelling returns 672 Captain's copy of B/L 532 Captain's copy of CfP 484 Capture 640 Cards, British seaman's 246 Cargo book, Customs 596 Cargo burnt as fuel 687 Cargo clauses 674 Cargo Insurance 674 Cargo declaration, Customs 588 Cargo, Manifest of 588 Cargo policy 687 Cargo Record Book for ships carrying noxious substances in bulk 462 Cargo Ship Construction and Survey Regs 369-373 Cargo Ship Safety Equipment & Survey Regs 381 Cargo surveyors 589 Carriage of dangerous goods 347 Carriage of dangerous goods in bulk 352 Carriage of dangerous goods on passenger ships 352 Carriage of explosives 351-2 Carriage of goods 551 Carriage of Goods by Sea Act, 1924 550, 771 Carriage of Goods by Sea Act, 1971 480, 550, 770-6 Carriage of grain 345 Carriage of Nautical Publications 375 PAGE Carriage of passengers 467 Carrier 481,551,772 Carrier, Common 481 Carrier, Private 482 Carrier, Responsibilities and liabilities of 551, 558 Carrier, Rights and immunities of 553 Carving note 95 Case law Cash advances 740 Cash books 739 Cash deposit, G.A 684, 783 Casualty, Shipping 279,325,451 Category I, or Seamen 184-5 Caveat 27 Censure 47 Central Criminal Court 13 Certificate, Anchors and Cables 250 Certificate, Deratting 312,582 Certificate, Gunpowder magazine 250 Certificate, Lloyd's Continuation of Class 139, 144 Certificate, Lloyd's Continuous Survey-Machinery 137, 143 Certificate, Lloyd's Machinery 142 Certificate, Load Line 416,421 Certificate, Safe Manning 186 Certificate of class 139,141 Certificate of class, Interim 139, 145 Certificates of competency 165- I76, 182 Certificate of Continued Proficiency etc 66 Certificate of delivery 522 Certificate of discharge 206 Certificate of efficiency, lifeboatman 399 Certificate of Financial Responsibility against Oil Pollution " 458 Certificate of Fitness, Bulk Dangerous Chemicals 353 Certificate of Fitness, Bulk Liquefied Gases " 354 Certificate of hold survey 589 Certificate of insurance 644 Certificate of mortgage 102 Certificate of origin 571-5 Certificate of Proficiency in Survival Craft 182, 399 Certificate of qualification, E.D.H 183 Certificate of quality 575 875 PAGE PAGE Certificate of redelivery 523 Certificate of registry 96, 593 Certificate of sale 102 Certificate of seaworthiness 328, 330 Certificate of service 172 Certificate of stowage 589 Certificate of value 574 Certificate, IOPP 436 Certificate, Panama Canal 129 Certificate, Passenger Ship Safety 376 Certificate, Radio 379 Certificates, Safety, Cargo Ship 376, 379 Certificate, Ship's Cook 182 Certificate, Steering 183 Certificate, Suez Canal 125 C, UKOPP 436 Certificate, Vaccination 599 Certificated Deck Officer 184 Certificated Engineer Officer 185 Certificated lifeboatman 400 Certification and Watchkeeping 164 Certification of Deck Officers 165 Certification of Marine Engineer Officers 165,175 Certifying authority (Oil Pollution Prevention Certificates) 433 Certifying authority (Safety certificates) 370 Cesser clause 493 Chain cables, testing 132 Chains, Register of 250 Chamber of Shipping 713 Chancery Division of High Court 18 Change of master 250 Change of name 99, 102 Change of Net Tonnage 124 Change of ownership 96 Change of ownership clause 656 Change of trim 147 Change of voyage 688 Change of voyage clause 676 Character of ship 133 Charity, contribution to 213 Chartered freight 502 Charterer's agents 89, 483, 496 Charterer's stevedores 520 Charter-party (Charter) 478 Charter-party, Bareboat 153, 155 Charter-party, Demise 152 Charter-party, Forms of 485 Charter-party, Lay time Definitions, 1980 496 Charter-party, Tanker time 155, 834-847 Charter-party, Tanker voyage 155, 822-833 Charter-party, Time 153 Charter-party, Voyage 153 Charts 375 Chemical tankers 353 Chief engineer endorsement 176 Child 15,223-4 Chlorinating fresh water 306 Cholera 598 C.i.f contract 571 Circuit Judge II Citizen of the U.K 223-4 Civil commotions 519 Civil courts 16 Civil liabilities 244 Civil Liability for Oil Pollution 456 Civil strife 673 Civil war 673 Claims documents 257, 687 Claims excepted from limitation 70 I Claims subject to limitation 701 Classes of dangerous goods 350 Classes of ships (Safety) 367-9 Classification clause 645 Classification Notations 133-4 Classification Societies 131 Classification Society surveyor 135 Clause Paramount 517,536,539 Clauses in crew agreements 192-200 Clean Air Act, 1956 463 Clean ballast 433 Clean bill of lading 494, 503, 533, 563 Clean oil : 155 Clear days 494, 498 Clearance form 593 Clearance outwards 593 Clerk of court Closing date 152 Closing main loading doors 395-6 Closing openings in superstructures 395 Closing of watertight doors, etc 285, 393, 396 Coal cargo 354 Coal charters 491 Coastal voyage 187 Coastguard Service 355 Coasting brokers 483 • 876 INDEX PAGE Code of Conduct for the Merchant Navy 231, 234-240, 283 Code of Safe Working Practices 336 Co-efficient of loading 720 Collector of Customs 593, 596 Colliery scale 491 Colliery turn 491 Colliery working days 490 Collision 316 Collision damages 323, 659 Collision jurisdiction 323 Collision liability 320, 659 Collision, Lloyd's Arbitration Agreement in case of 324 Collision, Master's duty in case of 322 Collision Regulations I6-9 Colonies • 771 Colours 107 Combined transport B/L 535 Combined transport operation 152 Command Endorsements 168-175 Commercial Court 18 Commission clause 506, 527 Commissioner, Wreck 46-7,54,603 Commissioners of Customs 92, 709 Commissioners of Irish Lights 633 Commissioners Northern lights 633 Committee of Lloyd's 324 Common carrier 481 Common law Common law lien 57 Common Serjeant 13 Common travel area 584 Community service order 14 Company Service Contract 243, 260 Compasses 375, 388 Compensation for unreasonable loss to prevent oil pollution 452 Compensation for unfair dismissal 265 Competent harbour authority (pilotage) 624 Complaints 245,281,302 Compulsory insurance against oil pollution liability 457 Compulsory pilotage 624 Concerted disobedience 234 Conclusive evidence clause 560 Concurrently with discharge 501 Condemnation of ship 37,95 Condition unknown 562 Conditions 68, 480, 648 Conduct barring limitation 702 INDEX PAGE Conduct endangering ships, etc 232 Conduct in emergencies 235 Conference, Liner 579 Confidential papers 250 Consecutive days 498 Consideration 67 Consignee's failure to take delivery 288 Consignment clause 89,496 Constitution of Limitation Fund 704 Construction of contracts 76 Construction policy 642 Construction Rules 369, 373 Constructive dismissal 263 Constructive total loss 678 Constructive total loss clause 669 Consular invoice 574 Consular officer 328 Contact with aircraft 658 Contact with dock or harbour equipment 657 Contact with land conveyance, etc 657 Contact with other goods 5I I Container 152 Contingent interest 652 Continuation clause " 656 Continued disobedience 234 Continuous survey of machinery 137 Continuous surveys 137 Contract 65 Contract, Breach of Contract, Construction of 76 Contract, Discharge of 72 Contract, Frustration of 72 Contract, Illegal 66 Contract of affreightment 478 Contract of carriage 551,772 Contract of marine insurance 640, 652 Contract of passage 467 Contract of record 66 Contract of sale (ship) 149 Contract, Repudiation of " 569 Contract, Simple or parol 66 Contract, Speciality 66 Contract, Unenforceable 66 Contract, Variation of 75 Contract, Void 65 Contract, Voidable 65 Contracts of sale (goods) 570 Contractual Clauses 192-200 Contractual liens 63 Contributory values 682, 782 877 PAGE PAGE Conversion 29 Conveyance of offenders and witnesses 33 Conveyance order 219 Cook's certificate of competency 182 Co-owners of ship 36 Copy of crew agreement 189 Copy of list of crew 202 Coroners' courts ' 21 Corporation of Lloyd's 641,711 Corporation of Trinity House 710 Cost of burial or cremation 308 Costs, Security for 364 Counter claims 702 County courts 16, 42 County Courts Act, 1984 42 Court, Central criminal 13 Court, Crown II Courtesy Flag 107 Court holding formal investigation 46 Court of Appeal (Civil) Court of Appeal (Criminal) 14 Court of Justice of European Community 20 Court of Petty Sessions Court of Record 26 Court of Session 19, 20, 49, 53 Court of Summary Jurisdiction Court of Survey 54 Courts Act, 1971 11 Courts Martial 20 Cover note 647 Cranage 721 Creation of agency 86 Cremation 308 Crew Accommodation, Inspection of 281 Crew Accommodation Regulations 293 Crew agreements 187, 192-200,262, 591 Crew changes 202 Crew Declaration (Customs) 585 Crew, Discharge of 203-206 Crew, Engagement of 591 Crew list 201,592 Crew spaces 128 Crew's knowledge of English 190 Crime Criminal courts Criminal Justice Act, 1967 14 Criminal Law Act, 1977 CRIST AL 456 Cross flooding fittings 392 Cross liabilities 660 Crown 7, 10, 15 Crown Courts II Crown Proceedings Act, 1947 30 Crown Prosecution Service 56 Crude oil washing 444 Custom House 590 Custom of the port 76 Custom of the trade 76 Customary Despatch 497 Customs and Excise, H.M 709 Customs, Commissioners of 92, 709 Customs debenture 597 Customs declarations 574 Customs duty 583, 585 Customs entry of goods 565 Cutting away wreck 682, 780 Cyanide, Hydrogen 313 D Damage control plans 392 Damage done by ship 333 Damage liens 63 Damage, Oil pollution 456 Damage received by ship 333, 392 Damage to goods (cargo) 589, 779, 782 Damage to machinery and boilers 780 Damage to ship (G I A) 779, 782 Damaged goods, Freight on 500 Damages 70 Damages for detention 492-3 Damages, Measure of 70 Danger money 721 Dangerous cargo endorsements 179 Dangerous goods 3407 Dangerous goods declaration 349 Dangerous occurrence 388 Dangers and accidents of the seas 511 Dangers to navigation 360 Dark smoke 463 Date of marking of food 305 Date of build 135 Dating of BI L 533 Davit launched liferafts 404 Day(s) 488, 498 Days of grace 577Deadfreight 495 Deadfreight clause 496 Deadlights 393 Deadweight 109 Deadweight basis for freight 500 878 INDEX INDEX PAGE PAGE Dealing with breaches of code of conduct 237 Deaths, Record of 223 Deaths, Return of 223 Debenture, Customs 597 Deceased seaman, Property of 270, 284 Deceased seaman, Wages and accounts of 270 Deck cargo (deck loads) 347, 429, 550, 559, 563, 770 Deck cargo declaration 593 Deck cargo, G.A 688 Deck Cargo Regulations 347,418, 429 Deck cargo (tonnage) " 593 Deck line 423 Deck logs 286 Deck manning 184 Deck officers 161, 166-175 Deck rating 182 Declaration of cargo, (Customs) 588 Declaration of draught etc to pilot 628 Declaration of health 311,582,597-9 Declaration of ownership 95,98 Declaration of survey 54, 370, 436 Declaration of transfer 105 Declaration of transmission 105 Declaration outwards 590 Dedicated clean ballast tanks 444 Deducted spaces 113, 128, 130 Deductible 663 Deductible clause 663 Deductions from costs of repairs 782 Deductions from wages 194-5 Deed 66 Defeasible interest 652 Defence of drug for medical purposes 234 Defence to charge 233 Defendant 27 Del credere agent 85 Delay 288,676-7 Deliberate act or omission 233 Delivery of copy of lists of crew 202-3 Delivery of crew agreement 189 Delivery of discharge books 249 Delivery of goods 564 Delivery of lists of crew 203 Delivery of official log book 277 Delivery of ship 522 Delivery order 564 Demise charter 152 Demurrage 492, 499, 748 Demurrage days 492 Demurrage, Lien for " 492 Department of the Environment 13 Department of Transport 708 Departure 590 Departure draughts 273 Dependants, Maintenance of seaman's 228 Deposition 27,33 Depreciation 680 Depths 140, 146 Deratting certificate 312,582 Deratting exemption certificate 312, 582 Derelict 360, 602, 607 Designated approved port 312 Despatch 479, 500 Despatch clause 494 Despatch days 494 Despatch money 494, 500, 749 Detaining officer 364 Dc:tention after lay days eX'pire 492 Detention, Damages for 492-3 Detention, Lien for 492 Detention of ship 34, 492 Detention of ship, infected or suspected '" 312 Detention of unsafe ship 363 Determination of freeboard 426 Deviation 479, 554, 612, 676 Deviation clause 509 Different voyage 688 Diligence to make seaworthy 551 Dimensions of ships 140, 146 Direct BI L 534 Direction-Finders 389 Director of Public Prosecutions 10, 233 Dirty BI L 533 Dirty money 721 Dirty oil 155 Disbursement accounts 292 Disbursement sheets 292, 741 Disbursements 645, 741 Disbursements at port of refuge 331, 691 Disbursements warranty clause 670 Discharge books 247 Discharge, Certificate of 206 Discharge free 520 Discharge of ballast water 438, 441, 444 Discharge of contract 67-69, 568 PAGE Discharge of effluents 434 Discharge of oil 439 Discharge of oil into UK waters 450 Discharge of seaman abroad 205 Discharge of seaman in U.K 205 Discharge of seamen 203-4 Discharge of voyage charter cargo 504 Discharge procedure 206 Disciplinary committees 241-2 Disciplinary offences 244 Disciplinary procedures 234, 240 Discipline at sea 230-2 Discipline report 241 Disclosures to underwriters 648 Discounting a BI E 579 Dishonest conduct 699 Dishonoured BI E 579 Dismissal 210, 237, 239, 260-6 Disobedience of lawful command 234 Displacement 109 Display of crew agreement 189 Disposal of obsolete fireworks 356 Disqualification of certificate holder 50 Distance freight 502 Distance measuring equipment 389 Distress and rescue 355 Distress on ship 34 Distress, Persons found in 602 Distress signals 356 Distress signals, Authority to use 357 Distress signals, Misuse of 356 Distress, Vessels in 355, 603 Distribution of Limitation Fund 704 Divisional Court 19 Dock dues 721 Dock owners 707 Dock warrant 721 Docks Regulations 1934 342 Doctor 309 Doctrine of stages 480 Documentary credits 575 Documents, Handing over on change of master 250 Documents, Preservation of 267 Documents, Production of 246 Documents required by average adjuster 684 Documents, Seaman's 246 Domestic Carriage Order 468 Domestic fresh water 305 Domiciled 253, 259 879 PAGE Doors, main loading 395 Doors, Watertight 285, j93-5 Double insurance 688 Draftage 510 Drafts, Banker's 576 Drainage of accommodation 297 Draught, freeboard, etc 146, 272 Draught scale, Marking of 94 Drawback 596 Dreading clause 510 Drills and musters 394, 403 Drinking water 300 Drink or drug, influence of 233,237, 629 Drugs 236 Dry cargo carriers 151 Dry cargo space 115 Dry dock expenses 689 Dry docking 528 Dual valuation clause 689 Dues, Dock 721 Dues, Light 593, 633 Dues, Pilotage 631 Dues, Tonnage 588 Duration clause 198,721 Duration of lists of crew 203 Dutiable goods, Entry of 588, 710 Dutiable stores 583 Duties, Master's 338 Duties, Safety Officials 338 Duties on wreck 604 Duty, meaning of 233 Duty, Customs 583, 585 Duty, Excise 596 Duty, Master's after collision 322 Duty of Assured Clause 665 Duty to assist persons in distress 356 Duty to report discharge of oil iq harbour 451 E Earthquake 657 Easement 28 Echo sounder 389 Effects, Loss of 228 Efficient deck hand 182-3 Ejusdem generis rule 514 Embargo 512 Emergency discharges, noxious liqj,lid substances 461 Emergency instructions 402 Emergency lighting 373 Emergency duties 402 Emission of smoke 463-4 880 INDEX INDEX PAGE PAGE Employers' Liability Insurance 266 Employment of ships 151-6 Employment of stevedores 520 Endangering ships etc 232-3 Endorsements on certificates 168-176, 179 Enemies 553 Enemies, Queen's 512 Engagement and crew agreements 187 Engagement of crew 187,591 Engineer officers 161, 175-8 Engineer surveyor 472 Engineers' certificates of competency 175-8 Engineers' certificates of service 176 Engine room logs 286 Engine room manning 184-6 English, Crew's knowledge of 190 English law English law of general average 686 Ensign, Blue 107 Ensign, Red 107 Entitlement to registration 91 Entitlement to registration abroad 97 Entrepot 721 Entries in official log books 269-286, 395 Entry outwards 590 Equipment, Passenger steamer's 475 Equitable lien 64 Equity Equity, Rules of Equivalents to 1894 certs etc 171-2, 182 Escape of oil 451, 456 Essentials of valid contract 66 Established Service Scheme Agreement 591 Establishment, Merchant Navy 715 Estoppel 28 Examples for exercise (calculations) 766 Excepted 499 Excepted port 310 Exceptions 510, 538 Exceptions from limitation 701 Exceptions (Prevention of oil pollution) 439 Exceptions clauses 510, 538 Excess (marine insurance) 664 Excess of hatchways III Excess passengers 474 Excise duty 596 Exclusion clauses, cargo insurance " 675 Exclusion of liability 699 Execution 27 Exempted seamen 188 Exempted ships (light dues) 639 Exempted ships (oil pollution regs.) 435 Exempted spaces 128, 130 Exemption certificate 379,417 Expenditure, General average 681 Expenses at port of refuge 780 Expenses bf medical treatment 308 Expenses, Sue and labour 665 Explosion risks 335 Explosions 513 Explosives 350-1 Express warranties 650 Ex-quay 723 Ex-ship 723 Ex-silo 723 Extended European Area 167 Extended protests 290, 687 Extension of period of validity, load line cert 422 Extinguishing fire 780 Extra Masters' Maritime Agreements and Legal Knowledge syllabus 866 Extra work 514 Extract from Lloyd's Register Book 148 Extreme dimensions 146 Ex-warehouse 723 Ex-works 570, 723 F Factor 85 Failure of BIL to arrive 567 Fair dismissal 263-4 False lights, Prevention of 636 False pretences 29 Family Division High Court 19 Fast as can 490 Fathom, Piled 500 Ferries, Cross-Channel 187, 190, 197 Final sailing 502 Final voyage (time charter) 523 Fines 31 Fines, Standard Scale of 56 Fines, Statutory Maximum 55 Fire Appliances Regs 397 Fire drill 403 Fire, Exception of 51l PAGE Fire, Goods lost or damaged by 553, 699 Fire, Peril of 640 Fire, Protection Regulations 372, 374, 398 Fire risks 335 Fires in ships 335 Fiscal year 639 Fittage 721 Fixed lay days 487 Fixing letter 722 Fixing ship 483 Flag 106 Flat rate 722 Fleet insurances 690 Floating policy 643 Flooding 392 Flotsam 602 F.o.b contract 570 Food and Catering Convention 272, 305 Force majeure 29 Foreign bill of exchange 577 Foreign General Average clause 690 Foreign ship, Detention of 364 Forfeiture of ship 106 Form of British seaman's card 247 Form of discharge book 247 Formal investigation (shipping casualty) 46 Formal warning 237 Forms, List of 868 Forms of charter-parties 485 Forms of Crew Agreements 190 Forwarding agents 573 Foul BI L 533 Fouling of cables & pipelines 465 Foundering 325 Franchise 664 Franco 722 Fraud 545 Free alongside 520 Free discharge 520 Free of particular average 674 Free in and out 520 Free of address 506 Free of Capture and Seizure clause 697 Free of turn 491 Freeboard 146,425-7 Freeboard deck 431 Freight 500 Freight waiver clause 670 Freight, Ad valorem 500 881 PAGE 501, 741 Freight, Advanced Freight, Aggregate 503 Freight, Back 501 Freight Bill of Lading 503 Freight Chartered 742 Freight, Distance 502 Freight in full of 514 Freight, Lump sum 501 Freight on damaged goods 500 Freight-paying ballast 515 Freight policy 643 Freight release 722 Freight ton 500 Freight units 500 Freight Waiver Clause 670 From the nearest land 434 Frustration 72 Frustration clause 690 Full and complete cargo 495 Full out rye terms 722 487,514 Full reach and burden Full terms 722 Fully declared ; 644 Fumigation 313 Functions of BIL 532 Funeral expenses , 692 G Galleys 300 Gaming or wagering policy 645 Gangways 337 Garbage, Prevention of Pollution by 466 Gas Carriers 353 General agent 85 General average 681 681,779 General average act General average allowance 682 General Average & Salvage clause 663 General average clause 515 General average contribution 682-3 General average deposit 684 684 General average deposit receipt 691 General average disbursements General average expenditure 681 General average guarantee 684 General average loss 681 General average sacrifice 681, 779 General Council of British Shipping 713 General duty of employee 336 General duty of employer 336 General emergency alarm signal 402 • 882 INDEX PAGE General Ice clause " 814 General lien 61 General Lighthouse Authorities 633 General Lighthouse Fund 633 General limits of liability 702 General Register and Record Office 267 General rules for everyday conduct 236 General safety certificate 376 General ship 153, 482 General Strike clause 813 General transire 596 General War clause 813 Genocide 12 Glossary of terms 719 Gold 699 Gold and other valuables 699 Good faith 648 Good ship " 480 Goods 551,772 Goods, Carriage of (meaning) 551, 772 Goods, Claims relating to 37 Goods, Dangerous packaged 349 Goods, Delivery of 564 Goods, Insurance of 575 Goods policies 643, 674 Goods, Prohibited 710 Government ship " 99 Grab damage 515 Grain, carriage of 345 Grain, Definition of 346 Grain, Document of authorisation 346 Grain Regulations " 345 Grain space 522 Greater than minimum free boards 425 Greenwich mean time " 691 Gross proceeds 681 Gross tonnage III, 121, 123 Gross value 680 Groundage 722 Grounding, O.L.B entry 279 Guaranteed deadweight and bale space 722 Gunpowder magazine certificate 250 Gyro compass 388 H Hague Rules 549, 772 Hague- Visby Rules 481, 550 Hamburg Rules, 1978 557 INDEX PAGE Handing over documents 250 Harbour authorities 624, 707 Harbour master 455 Harter Act 545, 777-8 Hatch beams 342 Hatch covers 342 Hatch survey 589 Hatchways 163 Hatchways, Excess of III Hazardous cargoes 354 Health, Bill of 599 Health, Declaration of " 597 Health and Safety at Work etc Act 1974 341 Heating of accommodation 296 Heavy weather 664 Heel 147 Held covered 656, 723 Her Majesty's ships 41,319 High Court of Justice " 17 Himalaya clause 537 Hire money 524 Hire of ship 524 H.M Coastguard " 355 H.M Customs and Excise 709 Hoists, pilot 409 Holiday 488, 498 Home Secretary Home trade ships, Light dues payable by 637 Homeward Bf L 537 Homing installation 390 Honour policy 645 Hospital, Ship's 301 House of Commons House of Lords '" 4, 15, 19 Hovercraft 318,471 Hull clauses " 654 Hull policy 689 Hull surveys, Special 136 Hypothermia • 404 I Ice Ice accretion Ice-bound place Ice-bound port " Ice clauses 515, Ice, Navigation near Identification dimensions Identification marks Illegal contract Illness, Official log book entry of Illness on Board 360 361 524 524 814 410 140 574 66 285 310 883 PAGE PAGE Illness, Termination of service due to 205, 227 IMDG Code 348 Immigration (Carriers' Liability) Act 477,583 Immigration Officer 477,584 IMO 715-7 Implied warranties 649 Import duties 709 ImpOFt control 709 Importers' entries 710 Imprisonment 7,14 Improper cargo 288 Improvement Notice 340-1 Inadequate packing 538, 540 Incidents, potentially hazardous 340 Incident at sea 448 Inclining experiment 391 Income tax 259, 740 Incoming ships 310 Increased value 670 Indemnity clause (Time C/ P) 525, 530 Indemnity clause (Towage contract) 617 Indemnity, Measure of 679, 680, 688 Indeterminate lay days 487, 490 Indian seamen 190 Indictable offence 6,9 Indictment 10 Indorsement on BfL 535 Industrial dispute 72 Industrial injuries 256 Inevitable accident 320 Infected ship 309 Infectious disease 309, 582 Influence of drink or drug 233, 237, 629 Inflatable Liferafts 404 Informal warning 237 Infringement of Collision Regs 318 Inherent vice or defect 5Il, 553 Injunction 28 Injury benefit 257-9 Injury claims 256, 692 Injury, Log entry of 285 Injury, major 340 Injury, Personal 37, 338, 341 Injury to lighthouses, etc 636 Inland bill of exchange 577 Inland waters 40 INLS Certificate 462 Inns of Court 24 Inquiry into conduct (officer) 49 Inquiry into conduct (rating) 51 Inquiry into death of crew on board ship and elsewhere 52, 284 Inquiry, Preliminary 45 Inspection of closing appliances 394 Inspection of crew accommodation 272,281,301 Inspection of fire appliances 271 Inspection of life-saving appliances 271 Inspection of pilot ladder hoist 271 Inspection of provisions and water 272, 304-5 Inspector, D.Tp 44 Inspector of Marine Accidents 45 Inspectors, Powers of 44 Instantaneous rate of discharge (oil) 434 Institute clauses 654, 789-794 Institute Cargo Clauses, A, Band C 674, 795-800 Institute of Chartered Shipbrokers 483 Institute of London Underwriters 654 Institute Warranties 650,801 Insurable interest 645, 651-2 Insurable value 643 Insurance against liability for oil pollution damage 458 Insurance at Lloyd's 641 Insurance broker 85, 646 Insurance certificate 644 Insurance companies 641 Insurance, Goods 575 Insurance, Marine 640 Insurance, Mutual 692 Insurance of advanced freight 501 Insurance of ship 102, 152;246 Insurance slip 647 Insured value 642 Interest, G f A fund to earn 783 Interest, Insurable 651 Interest on advanced freight 501 Inter-Governmental Maritime Consultative Organization 432, 715 Interim certificate of class 328, 330 Intermediate surveys (cargo ship) 371,381 International carriage, passengers 468 International Code of Signals 376 • 884 INDEX PAGE International Collision Regulations 316-9 International Compensation Fund 459 International Conference on Tonnage Measurement 120 International law 28 International Load Line Certificate 416,419 International Maritime Dangerous Goods Code 348 International Maritime Organisation 715-7 International Noxious Liquid Substances Pollution Prevention Certificate (INLS) 462 International Oil Pollution Prevention Certificate 435 International Sanitary Regulations 599 International Tonnage Certificate 124 International voyage 121,399 Interpleader proceedings 565 Interrupted pilotage service 631 Intervention to prevent oil or other substances pollution " 451-4, 659 Investigation in British Possession & Dominions 49 Investigation, Formal (Shipping casualty) 46 Investigation of Marine Accidents 45 Invoice 574 Invoice, Consular 574 Inward light dues 637 In writing 499 354 Iron & steel cargo Isolation of infected person 314 J Jason clause 546 Jetsam 601 Jettison 511, 640, 658, 682, 779 Jewels 699 Joint owners 93 Judge, Judges 11-14, 17-20 Judge of Court of Survey 54-5 Judicial Committee of the Privy Council 19 Jurisdiction, Admiralty 36-43 Jurisdiction (Offences on board ship) 32-33 Jurisdiction (Ships lying off coasts) 32 INDEX PAGE Jurisdiction in collision cases 323 Jurisdiction, passenger claims 470 Jurisdiction, Territorial limits of 32 Jurors 22 Jury 22 Jury, Coroner's 21 Justice of the Peace (J.P.) Juvenile courts 15 K Keeping order in passenger steamers Kinds of policies Knowledge of English 476 642 190 L Label clause 691 Labour disturbances " 520 Lagan 602 Landing cards 584 Larceny 29 Lascars 190 Lassa fever 309-310 Latent defects '" 513 Laundry 300 Law, Common Law, International 28 Law of precedent Law officers 23-6 Law, Private Law Society 25 Law, Statute Lay days 487, 747 Lay days, commencement of 491,748 Lay time Definitions 1980 " 497 Leadage 723 Leading ships 631 Leakage, breakage, etc 511 Leap years 733 Leaving seamen behind abroad 204 Legal proceedings as provided for by M.S Act 31-36 Legal proceedings in colonies 36 Legal proceedings in Scotland 36 Legality, Implied warranty of 649 Length 121, 140, 146 Letter of credit 576 Letter of indemnity 545 Letter of subrogation 688, 695 Letters, Signal 98, 268 Letters to owners 291 Levelling charges 723 Liability for oil pollution 455 PAGE Liability for oil pollution, exceptions 456 Liability of dock & canal owners 707 Liability of passenger carriers 468 Liability of shipowners 702 Liability of ship under pilotage 626 Liability of tug 617 Liability to pay light dues 633 Liberties reserved by deviation clause 510 Liberty to tranship 505 Licence, Broadcasting 250 Licenced Marine Engine Operators 165,175 Licensed pilot 631 Licences to supply seamen 186 Lien 57 Lien, Broker's 646 Lien clause 60,517,527 Lien, Contractual 63 Lien, Damage 63 Lien, Equitable 64 Lien for deadfreight 59,495 Lien for demurrage 59, 492 Lien for detention 59, 492 Lien for freight 58, 502 Lien, General 61 Lien, Maritime 61-64 Lien, Particular 57 Lien, Possessory 57 Lien, Shipowners' possessory 58, 566 Lien, Salvage 59, 607 Lien, Waiver of 61 Life salvage 612 Lifeboatman, Certificate of efficiency as 400 Liferafts 403 Life-saving Appliances Regs 397 Lifting machinery 342 Ligan 602 Light certificate (bill) 634 Light displacement 109 Light dues 593, 633 Lightening ship 780 Lighterage 615 Lighterage clause 517 Lighters 615 Lighthouse Authorities " 633 Lighting of accommodation 296 Lightning 657 Lightweight basis for freight 500 Limit per bottom " 643 Limitation Act, 1980 74 Limitation action 705 885 PAGE Limitation Fund 704 Limitation of liability 556, 558, 630, 699 Limited Duty ER Rating 185 Limited European Area 167 Limits of Liability 702 Limits of liability, oil pollution 457 Limits of liability, passenger carriers 469, 703 Line throwing appliance 376 Liner 154 Liner BI L 538 Liner Conferences 151,579 Liner terms 507 Liner trade 151 Liquefied gas 180 Liquidated damages 70 Liquid chemical 180 List 147 List of aliens 585 List of crew 200, 592 List of exempted seamen 202, 592 List of forms 868 List of young persons 592 Live animals 550, 770 Livestock 583 Lloyd's 641,711 Lloyd's agent 328,333,712 Lloyd's Arbitration Agreement (Collision) 324 Lloyd's average bond 684 Lloyd's broker 646 Lloyd's form of G I A deposit receipt 685, 810 Lloyd's List and Shipping Gazette 712 Lloyd's Machinery Certificate 142 Lloyd's Marine Policy 653, 785 Lloyd's, Member of 641 Lloyd's Policy Signing Office 652 Lloyd's Register of Shipping 131 Lloyd's respondentia bond 331 Lloyd's Rules 132-3 Lloyd's S.G policy 653 Lloyd's Standard Form of Salvage Agreement 609, 802-807 Lloyd's surveyors 135 Lloyd's underwriters 641-712 Load displacements 109 Load line certificate " 416, 41