« ForrigeFortsett »
INSTITUTION OF CIVIL ENGINEERS, Nov. 29, 1853.
J. M. RENDELL, Esq., President, in the Chair. It was contended that the statement of a supposed wave pressure of 85,000 tons of water, or even of 40,000 tons, to which it had since been reduced, by a modified estimate, was inadmissible. As an instance of the advantage of lengthening ships, the case of the vessels belonging to the North of Europe Steam Navigation Company was mentioned. As to the mechanical strength of such vessels, there was no difference of opinion on that point among engineers, provided the structure was of iron. Ships of wood, on the contrary, were limited in size by the nature of the material which was grown, and not manufactured, and therefore the produce was of limited size ; whereas plates of iron could, on the other hand, be rolled of any required dimensions. Further, as to the resistance of large vessels to waves, it was evident that the wares of the Atlantic, being of the same size whether the vessel was small or large, their proportional magnitude would be decreased as the size of the vessel was increased, so that the large ship, in a gale, would merely encounter waves of the same proportional size as a ship of half the dimensions in half a gale. The large Atlantic waves, observed by Dr. Scoresby, did not strike the ship, but made her rise and fall in a gentle oscillation, each of which lasted sixteen seconds, a period of too long duration to admit of any approximation to violent collision between bodies. It was only the small wind waves or crests which moved at a different velocity from that of the ship; and the proposed vessels were so much higher out of the water than the observed altitude of these waves, that the decks would probably never be more than wetted by the spray.
RIVER STEAMERS FOR SHALLOW WATERS.
A steamboat running on the Ohio, from Pitsburgh to Cincinnati, has a pair of direct acting engines with 32-inch cylinders and 8 feet stroke. There is no main crank-shaft connecting the two paddle wheels, but each engine works its own wheel independently of the other. This arrangement enables the boat to be steered with greater facility round the sharp turns encountered in the tortuous course of the river. The framework and outer bearings of the paddle-wheels are supported by suspension rods, which are, as it were, slung over beams and framework strongly constructed and fixed in the centre of the vessel. The main deck is 280 feet long, and 58 feet wide. The paddles are 38 feet in diameter, having 24 floats, 12 feet wide by 28 inches in depth. For shallow rivers, flat-bottomed steamers propelled by a paddle-wheel at the stern, are commonly used. Two built of iron in New York, drawing only 21 feet of water, are intended for the passage across the isthmus of Panama, by the Nicaragua route. – Mr. Whitworth's Report.— New York Industrial Exhi*bition.
Small Craft.-General Regulations.-The Commissioners of Customs may, from time to time, by order under their hands, make such general regulations as they shall deem expedient in respect of vessels and boats not exceeding 100 tons burden, for the purpose of prescribing, with reference to the tonnage, build, or description of such vessels or boats, the limits within which the same may be employed, the mode of navigation, the manner in which such vessels or boats shall be so employed, and, if armed, the number and description of arms, the quantity of ammunition, and such other conditions as the Commissioners may think fit, and also from time to time may revoke or vary such regulations ; and the general regulations made under any former Act, and in force at the time of the passing of this Act, shall remain and continue in force until altered or revoked. 16 & 17 Vict. c. 107. $ 199. Aug. 20, 1853.
Contrary.---Every ship or boat which shall be used or employed in any manner contrary to the regulations prescribed by the Commissioners of Customs shall be liable to forfeiture, unless the same shall have been specially licensed by the Commissioners of Customs to be so used or employed, as next herein-after provided. $ 200.
Special Licences. The Commissioners of Customs may, if they shall so think fit, grant licences in respect of any vessels or boats not exceeding 100 tons burden, upon such conditions, and subject to such stipulations, as in such licences mentioned, notwithstanding any general regulations made in pursuance of this Act, whether the regulations be revoked or not; and if any vessel or boat so licensed shall not comply with the conditions imposed by any such licence, or if found without having such licence on board, such vessel or boat shall be forfeited. $201.
Revocation. The Commissioners of Customs may revoke or vary any licence granted under any former Act, or which may hereafter be granted under this or any other Act relating to the customs. § 202.
Removal of Uncustomed or Prohibited Goods.—If any such vessel or boat shall be used in the importation, landing, removal, carriage, or conveyance of any uncustomed or prohibited goods, the same shall be forfeited, and the owner and master of every such vessel or boat shall each forfeit and pay a penalty equal to the value of such vessel or boat, not in any case exceeding £500. $ 203.
Names.- The owner of every ship belonging wholly or in part to any of Her Majesty's subjects shall paint or cause to be painted upon the outside of the stern of every boat belonging to such ship the name of such ship and the port to which it belongs, and the master's name withinside the transom, in white or yellow Roman letters, not less than two inches in length, on a black ground, on pain of the forfeiture of every such boat not so marked, wherever the same shall be found. $ 206.
Other Names.--The owner of every boat not belonging to any ship shall paint or cause to be painted upon the stern of such boat, in white or yellow Roman letters, of two inches in length, on a black ground, the name of the owner of the boat and the port to which she belongs, on pain of the forfeiture of such boat not so marked, wherever the same shall be found.. § 207. General Regulations, for prescribing the Limits uithin which Verses and Boats not exceed
ing One Hundred Tons Burden may be employed and the Mode of Navigation, Manner of Employment, and other Conditions applicable thereto. We, the Cor ners of Her Majesty's Customs, in pursuance of the power and authority vested in us, under the provisions of the Act of 16 and 17 Vict. c. 107, do hereby make the following General Regulations for defining the limits within which vessels and boats not exceeding one hundred tons burden may be employed, and for other the purposes of the said Act in reference thereto, in lieu of any former or other Regulations.
1. That boats and vessels under 15 tous burden, and open boats, shall be limited to a distance of 4 leagues seaward from that part of the
coast of England which is between the North Foreland and Beachy Head ; to a distance of 8 leagnes seaward from any other part of the coast of the United Kingdom.
2. That open and half-decked boats and vessels above 16 tons burden shall be limited to a distance of 4 leagues seaward from that part of the coast of England which is between the North Foreland and Beachy Head ; to a distanee of 12 leagues seaward from any other part of the coast of the United Kingdom.
3. That decked vessels and boats under 40 tons burden shall be limited to a distance of 4 leagues seaward from that part of the coast of England which is between the North Foreland and Beachy Head : and to a distance of 12 leagues seaward from any other part of the coast of the United Kingdom, except those parts of the coasts of England and Ireland which lie opposite to each other.
4. That vessels and boats of less than 100 tons burden shall not carry arms for resistance, nor more than one carriage gun or swivel gun, without shot, for the purpose of making signals in case of distress, nor more than two muskets or fowling pieces for every
5. That vessels and boats of less than 40 tons burden belonging to the Islands of Guernsey, Jersey, Alderney, and Sark, shall be limited only northward of the said Islands, in which direction they shall not exceed a distance of 4 leagues from tho Caskets.
6. That vessels and boats of less than 40 tons burden, belonging to the Isle of Man, shall be limited to a distance of 8 leagues seaward from the coasts of that Island.
Eroptions. The foregoing Regulations not to be applicable to any steam vessel whatever, nor to boats belonging to vessels whilst employed as such, nor to vessels and boats exclusively employed in pleasure, and no for hire, nor to vessels or boats bona fide employed in fishing, or in assisting ships in distress, beyond the prescribed limits, provided it shall appear to the satistaction of the Commissioners of Customs, or the Collector or Comptroller, that the vessels were so employed, and that the masters and owners are men of good character.
7. That no extension of the limits herein-before assigned will be allowed in respect of any vessels or boats, unless on special application from the owners thereof to the Commissioners, setting forth the ground of such application and the purposes and object thereof : whereupon if it appear to the satisfaction of the Commissioners, or to the Collector and Comptroller, that the grounds of such application are reasonable, and that (having regard to the general character of the owners and masters of such vessels or boats, and other special circumstances) any extension of the prescribed limits may properly be conceded, the Commissioners, or the Collector and Comptroller, will exercise the power vested in them of granting special licenses for such time, in such manner, and subject to such con. ditions as to them may seem expedient.
8. That when any vessel or boat is required in case of emergency to carry Government messengers and despatches to the opposite coasts of the Continent of Europe from the Ports of Dover and Folkstone, or such other Ports as may from time be approved by the Cornmissioners for that purpose, it shall be lawful for the Collectors and Comptrollers of such Ports or other Officers duly authorized to act for them, being first satisfied that sich vessel or boat is bond fide required for carrying such messengers or despatches for Her Majesty's Service, to grant a Pass for that purpose, endorsing thereon the object of the royage, the place of destination, and the intended time of departure of such vessel or boat, which pass shall constitute a suthicient protection to such vessel or boat during the legitimate performance of such voyage and return, provided such voyage be performed within a reasonable time, and that the master of such vessel or boat, immediately upon his return, do deliver to the proper officer at the port of arrival, the Pass, with a certibcate endorsed thereon under the hand of the messenger conveyed, or of the party to whom the despatch was delivered, certifying the time of landing or delivery of such Il essenger or despatch, as the case may be, at the place of destination, in order that such proper officer may be satistied that the object of the voyage has been duly carried out within a proper and reasonable time.
9. That these regulations shall commence and take effect from and after January 5, 1854. Provider nevertheless, that all licences already granted or to be granted by the Commissioners before the said day, shall be deemed valid and effectual for the purposes for which the same were granted, unless and until the same or any of them respectively sball be reroked by the Commissioners. Given under our hands, Dec. 22, 1853.
Tuomas F. FREEMANTLE.
Any vessel or bont which shall or may be found or discovered to have been used, armet, navigated, or employed beyond the limits assigned by the foregoing Regulations, in respect of such vessel or boat or in any manner contrary to the said
Regulations, such vessel or boat will be liable to seizure and forfeiture, unless such vessel or boat shall havo on board a Special Licence or Pass, as providcd by Regulations 7 and 8, authorizing such vessel or boat be so uzeil, armed, navigated, and employed at the ti and place, and in the manner, when, where, and in which the same shall be so found or discovered to have been.
Deserters.-- Whenever it is made to appear to Her Majesty that due facilities are or will be given for recovering and apprehending seamen who desert from British merchant ships in the territories of any foreign power, Her Majesty may, by order in council stating that such facilities are or will be given, declare that seamen, not being slaves, who desert from merchant ships belonging to a subject of such power, when within Her Majesty's dominions or the territories of the East India Company, shall be liable to be apprehended and carried on board their respective ships, and may limit the operation of such order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient.
Recovery.- Upon such publication as herein-after mentioned of any such order in council, then, during such time as the same remains in force, and subject to such limitations and qualifications, if any, as may be therein contained, every justice of the peace or other officer having jurisdiction in the case of seamen who desert from British merchant ships in Her Majesty's dominions or in the territories of the East India Company shall, on application being made by a Consul of the foreign power to which such order in council relates, or his deputy or representative, aid in apprehending any seaman or apprentice who deserts from any merchant ship belonging to a subject of such power, and may for that purpose, upon complaint on oath duly made, issue his warrant for the apprehension of any such deserter, and upon due proof of the desertion, order him to be conveyed on board the vessel to which he belongs, or to be delivered to the master or mate of such vessel, or to the owner of such vessel or his agent, to be so conveyed; and thereupon it shall be lawful for the person ordered to convey such deserter, or for the master or mate of such vessel, or the owner or his agent, (as the case may require,) to convey him on board accordingly.
Harbouring. If any person protects or harbours any deserter who is liable to be apprehended under this Act, knowing or having reason to believe that he has deserted, such person shall for every offence be liable to a penalty not exceeding £10, and every such penalty shall be recovered, paid, and applied in the same manner as penalties for harbouring or protecting deserters from British merchatt ships.
WANT OF FUNDS,
ADMIRALTY COURT, TUESDAY, JUNE 7, 1853.
Dr. ADDAMS applied to the Court for a warrant of arrest against the Bravo, under the following circumstances :— Messrs. Bliedberg and Co., of Liverpool, shipped a cargo of salt on board this Prussian vessel which was bound for Stettin. Having experienced bad weather, she sustained some damage, and a portion of the cargo was thrown overboard. She put into Inverness, and the captain wrote to Messrs. Bliedberg and Co., stating that he was without funds. They replied that he must act according to the laws of the country, if he could not obtain funds from his owner, living at a distance of three days' post, meaning that he should raise money on bottomry. He afterwards sold the cargo, and applied the funds to assist in paying the shipwright's and sailmaker's bills. The ship having returned to Liverpool, the present motion was made. The learned advocate suggested that the owners of the cargo might be considered as representing the material men who, under the act of Parliament, would have an undoubted right to proceed against the vessel. If not, their only remedy was to bring an action against the owner in Prusia, where, it was said, a suit always lasted 12 years. These cases, he added, were becoming of frequent occurrence, and it was necessary, if possible, to put an end to them.
The learned JUDGE said that it was a very hard case on the owners, but he had no jurisdiction. However reluctant he was to leave the parties without Any other remedy than going to Prussia, he could not attempt to enforce the authority of the Court.
ADMIRALTY COURT, SATURDAY, JUNE 18, 1853.
Before Dr. LUSHINGTON.
THE ELIZA CORNISH, alias THE SEGREDO. Dr. LUSHINGTON delivered judgment in this case. The action, he said, was technically called a cause of possession ; but, in fact, the question for the court to try and decide was one of title. The vessel was originally a British vessel, and the property of a British merchant, who had instituted these proceedings. She was sent to the Pacific, and there occupied in various voyages. On the 7th of November, 1851, she was despatched from Valparaiso for Liverpool with a very valuable freight of specie, silver, and some other merchandize. In the cuurse of that voyage she was taken possession of by the Magellan insurgents, or pirates, from whom she was rescued by Her Majesty's steam sloop Virago, commanded by Captain Stewart, who subsequently placed her under the command of Mr. Bawden, a master in the navy, her own master having been murdered. She again sailed for Liverpool, but in consequence of disasters at sea was compelled to put into Bahia for repairs, and fterwards into Fayal, where surveys were made, and, in the judgment of Mr. Bawden, it appeared inexpedient to repair her, and, with the consent of the superintendent of the customs in that island, she was sold by public auction and the cargo transshipped. She was purchased by a Portuguese, who repaired her at considerable expense, and freighted her to Bristol, where she was arrested at the suit of the original owner. He (the learned judge) apprehended that the law by which he was to be governed was the general maritime law prevailing among all states. In cases of necessity the master must be invested with power to sell a vessel. Mr. Bawden possessed the same power over the ship that the master himself would have done if alive. Several surveys were made of the vessel at Fayal, and it was reported that her hull was in good order, and that she would be navigable when certain repairs stated were done, the expense of which was estimated at 3001. Mr. Bawden, however, subsequently presented a petition, stating that he considered it for the interests of all con. cerned to sell the vessel, and the petition being granted she was disposed of and realized 1851. 48. 11d. The sale was not justified by the official surveys, and it appeared that money could have been raised on bottomry, or, if not, recourse might have beep had to the specie on board, as had already been done at Bahia. That Mr. Bawden acted according to the best of his judgment the court did not doubt; but it was abundantly clear that the vessel was repaired by the new purchaser and reached this country. Under those circumstances the sale was not absolutely necessary. It was said that the sale was legal according to the law of Fayal, but he had come to the conclusion that he could not receive that law; he was, therefore, bound to hold the sale invalid, and to direct possession to be delivered over to the original British owner, with costs.
COURT OF QUEEN'S BENCH, WESTMINSTER, Nov. 16, 1853. (Sittings in Banco, before Lord CAMPBELL and Justices COLERIDGE, WIGOTMAN,
COTCH V. STEELE.
The Court had taken time to consider their judgment in this case. The question was whether, when a shipowner contracted with a seaman to sail on board a particular vessel to a foreign port, there was an implied warranty on the part of the owner that the vessel was seaw rthy, so as to entitle the seaman to recover damages in an action for the consequences of unseaworthiness in the ship.
Lord CAMPBELL now, after stating the facts alleged in the declaration, said it seemed to him that there was no contract or duty disclosed by the declaration