Early in the Session of 1875, the Government introduced another Merchant Shipping Bill, containing various amendments of the then existing law, and among them a special clause which had for its object the abolition of all advance notes. This Bill met with very considerable opposition (partly of a frivolous character), rendering its progress through the House so slow, that Government found it desirable to withdraw it, more especially as the Bill had been materially altered and curtailed in the course of various divisions, especially in the clauses referring to the advance notes and other matters of importance.
When Government intimated its intention of withdrawing the Bill of which they could no longer approve, and which they had not time to pass, a scene arose[289] happily of rare occurrence in the debates of the British Parliament. It was closed, however, with great dignity by the Prime Minister and leader of the Commons. He had introduced such a measure as he no doubt, after grave consultation with his Cabinet, considered necessary and sufficient. The House, and more especially those members of it who were more immediately interested in maritime affairs, and who either approved or opposed the views of Mr. Plimsoll had so mutilated the Government measure, that Mr. Disraeli would no longer be responsible for it. To use his own words, he “declined to deal with the subject in that fragmentary manner,” and no man of prudence or common sense can blame him for the course he adopted under these circumstances.[290]
Another Bill introduced by Government.
Unfortunately, however, the popular outcry was so great against the course he had adopted, aroused as this had been for the moment by the well-meaning but rhapsodical protests of Mr. Plimsoll, backed, as they no doubt were, by many really benevolent men, that Mr. Disraeli, in the end, considered it expedient to introduce another Bill, embodying a portion of his own views together with those of the philanthropists. Although this Act contains some necessary and useful provisions, it is not a wise measure, nor can the Government have considered it perfect, as it was hurriedly passed so late in the Session as the 6th of September, and is only to remain in force until the 1st of October 1876.[291]
Its conditions.
Unusual personal power granted to Surveyors.
This Act confirms the powers previously given to persons, specially appointed by the Board of Trade, to detain what they consider unseaworthy ships, without previous orders from the Board, an addition which, however necessary, ought not to have been conceded to any individuals without much further consideration and discussion than it received. This addition opens the door to corruption in its most pernicious and dangerous forms, by giving, as it does, to each one of a great number of subordinate officers, personal authority to detain “unseaworthy vessels,” thus transferring to a single person a power the Board of Trade alone possessed under the Act of 1873, and laying down a principle contrary to all good government, while relieving that Board of its administrative responsibility. Otherwise the Bill contains some useful provisions, and none more so than where it prohibits the carriage of a cargo of which more than one-third consists of grain, &c., unless the grain is secured from shifting by suitable boards or otherwise. But, while this clause may be necessary or right in itself, its meaning may be misconstrued, and it may lead to further and more detailed legislation, making its vague language specific, and calling on Government officers in Foreign ports to enforce its provisions.[292]
The Act also amends the clause in the Act of 1871, which makes the sending an unseaworthy ship to sea a misdemeanour, by providing—
(a.) That criminal liability shall attach to any one who attempts, or is party to an attempt, to send such a ship to sea, and to a master who knowingly takes such a ship to sea.
(b.) That every ship shall have a registered managing owner, and that if she is sent to sea from any port in the United Kingdom in an unseaworthy state he shall be liable, unless he proves that he has done all he can to prevent it.