THE NEW ZEALAND GAZETTE. 11

Rules to be observed in naming of ships.
6. With respect to the names of British ships, the
following rules shall be observed:—
(1.) A ship shall not be described by any name
other than that by which she is for the time
being registered.
(2.) No change shall be made in the name of a
ship without the previous permission of the
Board of Trade, signified in writing under
their seal, or under the hand of one of their
Secretaries or Assistant Secretaries. Upon such
permission being granted, the ship's name shall
forthwith be altered in the register book, in
the ship's certificate of registry, and on her
bows and stern.
(3.) If in any case it is shown to the satisfaction
of the Board of Trade that the name of any
ship has been changed without such permission
as aforesaid, they shall direct that her name be
altered into that which she bore before such
change, and the name shall be altered in the
register book, in the ship's certificate of
registry, and on her bows and stern accordingly.
(4.) Where a ship having once been registered
has ceased to be so registered, no person, un-
less ignorant of such previous registry (proof
whereof shall lie on him), shall apply to
register, and no Registrar shall knowingly
register, such ship, except by the name by
which she was previously registered, unless
with the permission of the Board of Trade
granted as aforesaid.

Every person who acts or suffers any person under
his control to act in contravention of this section, or
who omits to do, or suffers any person under his
control to omit to do, anything required by this
section, shall for each offence incur a penalty not ex-
ceeding one hundred pounds, and any principal
officer of Customs may detain the ship until the pro-
visions of this section are complied with.

Application for a change of name shall be made in
writing to the Board of Trade. If the Board are of
opinion that the application is made on reasonable
grounds they may entertain the same, and shall
thereupon require notice thereof to be published in
such form and manner as they think fit.

MASTERS AND SEAMEN (PART III. OF "MERCHANT
SHIPPING ACT, 1854").

Survey of ships alleged by seamen to be unseaworthy.
7. Whenever in any proceeding against any seaman
or apprentice belonging to any ship for desertion, or
for neglecting or refusing to join or to proceed to sea
in his ship, or for being absent from or quitting the
same without leave, it is alleged by one-fourth of the
seamen belonging to such ship, or, if the number of
such seamen exceed twenty, by not less than five such
seamen, that such ship is by reason of unseaworthiness,
overloading, improper loading, defective equipment,
or for any other reason, not in a fit condition to
proceed to sea, or that the accommodation in such
ship is insufficient, the Court having cognizance of
the case shall take such means as may be in their
power to satisfy themselves concerning the truth or
untruth of such allegation, and shall for that purpose
receive the evidence of the person or persons making
the same, and shall have power to summon any other
witnesses whose evidence they may think it desirable
to hear; the Court shall thereupon, if satisfied that
the allegation is groundless, proceed to adjudicate,
but if not so satisfied shall cause such ship to be
surveyed.

Provided that no seaman or apprentice charged
with desertion, or with quitting his ship without
leave, shall have any right to apply for a survey

under this section unless previously to his quitting
his ship he has complained to the master of the cir-
cumstances so alleged in justification.

For the purposes of this section, the Court shall
require any of the surveyors appointed by the Board
of Trade under "The Merchant Shipping Act, 1854,"
or any person appointed for the purpose by the
Board of Trade, or, if such surveyor or person cannot
be obtained without unreasonable expense or delay,
or is not, in the opinion of the Court, competent to
deal with the special circumstances of the case, then
any other impartial surveyor appointed by the Court,
and having no interest in the ship, her freight, or
cargo, to survey the ship, and to answer any question
concerning her which the Court may think fit to put.
Such surveyor or other person shall survey the ship,
and make his report in writing to the Court, including
an answer to every question put to him by the Court.
The Court shall cause such report to be communicated
to the parties; and unless it is proved to the satisfac-
tion of the Court that the opinions expressed in such
report are erroneous, the Court shall determine the
questions before them in accordance with those
opinions.

For the purposes of such survey, a surveyor shall
have all the powers of an inspector appointed by the
Board of Trade under "The Merchant Shipping Act,
1854."

The costs (if any) of the survey shall be determined
by the Board of Trade according to a scale of fees to
be fixed by them, and shall be paid in the first
instance out of the Mercantile Marine Fund.

If it is proved to the satisfaction of the Court that
the ship is in a fit condition to proceed to sea, or, as
the case may be, that the accommodation is sufficient,
the costs of the survey shall be paid by the person or
persons upon whose demand or in consequence of
whose allegation the survey was made, and may be
deducted by the master or owner out of the wages
due or to become due to such person or persons, and
shall be paid over to the Board of Trade.

If it is proved that the ship is not in a fit condition
to proceed to sea, or, as the case may be, that the
accommodation is insufficient, the costs of the survey
shall be paid to the Board of Trade by the master or
owner.

Power for naval Courts to direct survey of ships.
8. Any naval Court may, if they think fit, direct a
survey of any ship which is the subject of an investi-
gation held before them, and such survey shall be
made in the same way, and the surveyor who makes
the same shall have the same powers, as if the survey
had been directed by a competent Court in the course
of proceedings against a seaman or apprentice for
desertion or a kindred offence.

SAFETY (PART IV. OF "MERCHANT SHIPPING ACT,
1854.")

In cases of collision, master to give name &c. of vessel.
9. In every case of collision between two vessels it
shall be the duty of the master of each vessel to give
to the master of the other vessel the name of his own
vessel, and of her port of registry, or of the port or
place to which she belongs, and also the names of
the ports or places from which and to which she is
bound.

Any failure to give such information, except under
circumstances which render it impossible or unneces-
sary to do so (proof of which shall lie on the master
failing to give it), shall involve the same consequences
as failure to render assistance to the other vessel, or
to the master, crew, or passengers thereof.

In this section, the term "vessel" includes any
vessel used in navigation, however propelled.