Merchant Shipping Legislation 3rd

Edition
Visit to download the full and correct content document:
https://ebooksecure.com/download/merchant-shipping-legislation-3rd-edition/
 C ON T E N T S

Offences by seamen, etc

Section Para
58 Conduct endangering ships, structures or individuals 2.118
59 Concerted disobedience and neglect of duty 2.120
Disciplinary offences
60 Breaches by seamen of codes of conduct 2.123
Disqualification of seamen and inquiries
61 Inquiry into fitness or conduct of officer 2.126
62 Disqualification of holder of certificate other than officer’s 2.131
63 Inquiry into fitness or conduct of seamen other than officer 2.134
64 Re-hearing of and appeal from inquiries 2.136
65 Rules as to inquiries and appeals 2.140
66 Failure to deliver cancelled or suspended certificate 2.143
67 Power to restore certificate 2.145
68 Power to summon witness to inquiry into fitness or conduct of officer
or other seaman 2.147
69 Procedure where inquiry into fitness or conduct of officer or other seaman
is held by sheriff 2.149
Civil liability of seamen for offences
70 Civil liability for absence without leave 2.151
71 Civil liability for smuggling 2.154
72 Civil liability for fines imposed under immigration laws 2.155
Relief and repatriation and relief costs
73 Relief and return of seamen etc left behind and shipwrecked 2.156
74 Limit of employer’s liability under section 73 2.159
75 Recovery of expenses incurred for relief and return, etc 2.161
76 Financial assistance in respect of crew relief costs 2.163
Documentation
77 Official log books 2.164
78 Lists of crew 2.168
79 British seamen’s cards 2.170
80 Discharge books 2.172
81 Handing over of documents by master 2.175
Merchant Navy Reserve
82 Maintenance of Merchant Navy Reserve 2.176
83 Supplementary provisions as respects the reserve 2.178
Interpretation
84 Interpretation 2.180

R A I LWAY S A N D T R A N S P O RT S A F E T Y A C T 2 0 0 3
Section Para
PA RT I V – S H I P P I N G : A L C O H O L A N D D R U G S
Offences
78 Professional staff on duty 2.181
79 Professional staff off duty 2.184
80 Non-professionals 2.187
81 Prescribed limit 2.190
Enforcement
82 Penalty 2.194
83 Specimens, &c. 2.197
84 Detention pending arrival of police 2.200
85 Arrest without warrant 2.203

vii
 C ON T E N T S

Section Para
86 Right of entry 2.206
General
87 Consequential repeal 2.210
88 Orders and regulations 2.213
89 Interpretation 2.216
90 Crown application, &c. 2.219
91 Territorial application 2.222

CHAPTER 3 – SAFETY
MERCHANT SHIPPING ACT 1995
PA RT I V – S A F E T Y
Safety and health on ships
Section Para
85 Safety and health on ships 3.3
86 Provisions supplementary to section 85: general 3.84
87 Provisions supplementary to section 85: dangerous goods 3.88

DANGEROUS VESSELS ACT 1985

1 Directions by harbour master concerning dangerous vessels etc 3.95
2 Application of [Merchant Shipping Act 1995] 3.97
3 Further directions by Secretary of State 3.99
5 Offences 3.103
6 Saving for certain vessels 3.105
6A Saving for safety directions 3.106
7 Interpretation 3.108
8 Short title, commencement and extent 3.110

MERCHANT SHIPPING ACT 1995

Special provisions
89 Load lines 3.113
91 Report of dangers to navigation 3.117
Assistance at sea
92 Duty of ship to assist the other in case of collision 3.119
93 Duty to assist [aircraft] in distress 3.122
Unsafe ships
94 Meaning of “dangerously unsafe ship” 3.125
95 Power to detain dangerously unsafe ship 3.127
96 References of detention notices to arbitration 3.132
97 Compensation in connection with invalid detention of ship 3.134
98 Owner and master liable in respect of dangerously unsafe ship 3.136
99 Use of unsafe lighters, etc 3.140
100 Owner liable for unsafe operation of ship 3.142
108A Safety directions 3.146
SCHEDULE 3A – SAFETY DIRECTIONS 3.148
100A Power to establish temporary exclusion zones 3.210
100B Temporary exclusion zones: offences 3.213
100F Requirements to be met by ships in respect of which trans-shipment licences
in force 3.217
100G Failure to comply with prescribed standards in respect of ship of which
trans-shipment licences in force 3.220

viii
 C ON T E N T S

CHAPTER 4 – COLLISIONS
Reg Para
MERCHANT SHIPPING (DISTRESS SIGNALS AND
P R E V E N T I O N O F C O L L I S I O N S ) R E G U L AT I O N S 1 9 9 6 ,
SI 1996/75
1 Citation, commencement, interpretation and revocation 4.2
2 Application 4.3
3 Signals of distress 4.4
4 Prevention of collision 4.5
5 Exemptions 4.6
6 Penalties 4.7
7 Power to detain 4.8
EXPLANATORY NOTE 4.9
I N T E R N AT I O N A L R E G U L AT I O N S F O R P R E V E N T I N G
C O L L I S I O N S AT S E A , 1 9 7 2 4.10
PA RT A – G E N E R A L
Rule Para
1 Application 4.11
2 Responsibility 4.12
3 General definitions 4.13
PA RT B – S T E E R I N G A N D S A I L I N G R U L E S
Section 1. Conduct of vessels in any condition of visibility
4 Application 4.15
5 Look-out 4.16
6 Safe speed 4.17
7 Risk of collision 4.18
8 Action to avoid collision 4.19
9 Narrow channels 4.21
10 Traffic separation schemes 4.22
Section II. Conduct of vessels in sight of one another
11 Application 4.24
12 Sailing vessels 4.25
13 Overtaking 4.26
14 Head-on situation 4.27
15 Crossing situation 4.28
16 Action by give-way vessel 4.29
17 Action by stand-on vessel 4.30
18 Responsibilities between vessels 4.31
Section III. Conduct of vessels in restricted visibility
19 Conduct of vessels in restricted visibility 4.33
PA RT C – L I G H T S A N D S H A P E S
20 Application 4.34
21 Definitions 4.35
22 Visibility of lights 4.36
23 Power-driven vessels underway 4.37
24 Towing and pushing 4.39
25 Sailing vessels underway and vessels under oars 4.40
26 Fishing vessels 4.41
27 Vessels not under command or restricted in their ability to manoeuvre 4.42
28 Vessels constrained by their draught 4.43
29 Pilot vessels 4.44

ix
 C ON T E N T S

Rule Para
30 Anchored vessels and vessels aground 4.45
31 Seaplanes 4.46
PA RT D – S O U N D A N D L I G H T S I G N A L S
32 Definitions 4.48
33 Equipment for sound signals 4.49
34 Manoeuvring and warning signals 4.51
35 Sound signals in restricted visibility 4.52
36 Signals to attract attention 4.54
37 Distress signals 4.55
PA RT E – E X E M P T I O N S
38 Exemptions 4.56
PA RT F – V E R I F I C AT I O N O F C O M P L I A N C E W I T H T H E P R O V I S I O N S O F
THE CONVENTION
39 Definitions 4.57
40 Application 4.59
41 Verification of compliance 4.61
A N N E X I – P O S I T I O N I N G A N D T E C H N I C A L D E TA I L S O F
LIGHTS AND SHAPES
Para Para
1 Definition 4.63
2 Vertical positioning and spacing of lights 4.64
3 Horizontal positioning and spacing of lights 4.65
4 Details of location of direction-indicating lights for fishing vessels, dredgers
and vessels engaged in underwater operations 4.66
5 Screens for sidelights 4.67
6 Shapes 4.68
7 Colour specification of lights 4.69
8 Intensity of lights 4.70
9 Horizontal sectors 4.71
10 Vertical sectors 4.72
11 Intensity of non-electric lights 4.73
12 Manoeuvring light 4.74
13 High-speed craft 4.75
14 Approval 4.77
ANNEX II – ADDITIONAL SIGNALS FOR FISHING
VESSELS FISHING IN CLOSE PROXIMITY
1 General 4.78
2 Signals for trawlers 4.79
3 Signals for purse seiners 4.80
A N N E X I I I – T E C H N I C A L D E TA I L S O F S O U N D S I G N A L
APPLIANCES
1 Whistles 4.81
2 Bell or gong 4.83
3 Approval 4.85
ANNEX IV – DISTRESS SIGNALS
1 Distress signals 4.86

x
 C ON T E N T S

C H A P T E R 5 – C A R R I A G E O F PA S S E N G E R S
MERCHANT SHIPPING ACT 1995
Control of, and returns as to, persons on ships
Section Para
101 Offences in connection with passenger ships 5.2
102 Power to exclude drunken passengers from certain passenger ships 5.6
103 Stowaways 5.8
104 Unauthorised presence on board ship 5.10
105 Master’s power of arrest 5.12
106 Unauthorised persons: offences relating to safety 5.14
107 Return to be furnished by masters of ships as to passengers 5.16
108 Returns of births and deaths in ships, etc 5.18

CHAPTER 6 – CARRIAGE OF GOODS BY SEA

CARRIAGE OF GOODS BY SEA ACT 1971
Section Para
1 Application of Hague Rules as amended 6.2
1A Conversion of special drawing rights into sterling 6.4
2 Contracting States, etc 6.6
3 Absolute warranty of seaworthiness not to be implied in contracts to which
Rules apply 6.8
4 Application of act to British Possessions, etc 6.9
5 Extension of application of Rules to carriage from ports in British Possessions, etc 6.10
6 Supplemental 6.12
SCHEDULE – THE HAGUE RULES AS AMENDED BY THE
BRUSSELS PROTOCOL 1968
Art Para
I 6.14
II 6.15
III 6.16
IV 6.17
IVbis 6.19
V 6.20
VI 6.21
VII 6.22
VIII 6.23
IX 6.24
X 6.25

CARRIAGE OF GOODS BY SEA ACT 1992

Section Para
1 Shipping documents etc to which the Act applies 6.27
2 Rights under shipping documents 6.29
3 Liabilities under shipping documents 6.30
4 Representations in bills of lading 6.31
5 Interpretation etc 6.32
6 Short title, repeal, commencement and extent 6.34

xi
 C ON T E N T S

CHAPTER 7 – FISHING VESSELS

MERCHANT SHIPPING ACT 1995
PA RT V – F I S H I N G V E S S E L S
CHAPTER I – SKIPPER AND SEAMEN
Engagement and discharge of crews
Section Para
109 Regulations relating to crew agreements 7.2
Wages
110 Payments of seamen’s wages 7.5
111 Regulations relating to wages: deductions 7.7
112 Accounts of wages and catch 7.10
113 Restriction on assignment of and charge upon wages 7.13
114 Right, or loss of right, to wages in certain circumstances 7.16
Safety, health and welfare
115 Hours of work 7.18
Manning and qualifications
116 Production of crew certificates and other documents of qualification 7.21
Offences by seamen
117 Drunkenness on duty 7.23
118 Unauthorised liquor 7.25
119 Disciplinary offences 7.27
Exemptions
120 Power to grant exemptions from this Chapter 7.29
CHAPTER II – SAFETY
121 Fishing vessel construction rules 7.30
122 Fishing vessel survey rules 7.33
123 Fishing vessel certificates 7.35
124 Provisions supplementary to section 123 7.38
125 Prohibition on going to sea without appropriate certificate 7.39
126 Notice of alterations 7.41
Training
127 Training in safety matters 7.42

C H A P T E R 8 – S A LVA G E A N D W R E C K
MERCHANT SHIPPING ACT 1995
PA RT I X – S A LVA G E A N D W R E C K
C H A P T E R I – S A LVA G E
S A LVA G E
Section Para
224 Salvage Convention 1989 to have force of law 8.2
S C H E D U L E 11 – I N T E R N AT I O N A L C O N V E N T I O N
O N S A LVA G E , 1 9 8 9
PA RT I – T E X T O F C O N V E N T I O N
CHAPTER I – GENERAL PROVISIONS
Art Para
1 Definitions 8.4
2 Application of the Convention 8.10
3 Platforms and drilling units 8.12
4 State-owned vessels 8.14
5 Salvage operations controlled by public authorities 8.16

xii
 C ON T E N T S

Art Para
6 Salvage contracts 8.20
7 Annulment and modification of contracts 8.23
C H A P T E R I I – P E R F O R M A N C E O F S A LVA G E O P E R AT I O N S
8 Duties of the salvor and of the owner and master 8.25
9 Rights of coastal States 8.31
10 Duty to render assistance 8.32
11 Co-operation 8.34
C H A P T E R I I I – R I G H T S O F S A LV O R S
12 Conditions for reward 8.36
13 Criteria for fixing the reward 8.39
14 Special compensation 8.41
15 Apportionment between salvors 8.43
16 Salvage of persons 8.45
17 Services rendered under existing contracts 8.49
18 The effect of salvor’s misconduct 8.50
19 Prohibition of salvage operations 8.52
CHAPTER IV – CLAIMS AND ACTIONS
20 Maritime lien 8.54
21 Duty to provide security 8.57
22 Interim payment 8.59
23 Limitation of actions 8.60
24 Interest 8.62
25 State-owned cargoes 8.64
26 Humanitarian cargoes 8.65
27 Publication of arbitral awards 8.66
PA RT I I – P R O V I S I O N S H AV I N G E F F E C T I N C O N N E C T I O N W I T H C O N V E N T I O N
Para Para
1 Interpretation 8.67
2 Claims excluded from Convention 8.68
3 Assistance to persons in danger at sea 8.70
4 The reward and special compensation: the common understanding 8.71
5 Recourse for life salvage payment 8.72
6 Meaning of “judicial proceedings” 8.73
7 Meaning of State Party 8.74
Section
225 Valuation of property by receiver 8.75
226 Detention of property liable for salvage by receiver 8.76
227 Sale of detained property by receiver 8.78
228 Apportionment of salvage under £5,000 by receiver 8.79
229 Apportionment of salvage by the court 8.80
230 Salvage claims against the Crown and Crown rights of salvage and
regulation thereof 8.81
CHAPTER II – WRECK
WRECK
Vessels in distress
231 Application of, and discharge of functions under, sections 232, 233, 234 and 235 8.83
232 Duty of receiver where vessel in distress 8.89
233 Powers of receiver in case of vessel in distress 8.90
234 Power to pass over adjoining land 8.92
235 Liability for damage in case of plundered vessel 8.93

xiii
 C ON T E N T S

Dealing with wreck

Section Para
236 Duties of finder etc of wreck 8.95
237 Provisions as respects cargo etc 8.97
238 Receiver to give notice of wreck 8.98
239 Claims of owners to wreck 8.99
240 Immediate sale of wreck in certain cases 8.101
Unclaimed wreck
241 Right of Crown to unclaimed wreck 8.103
242 Notice of unclaimed wreck to be given to persons entitled 8.105
243 Disposal of unclaimed wreck 8.106
244 Effect of delivery of wreck etc under this Part 8.108
Offences in respect of wreck
245 Taking wreck to foreign port 8.109
246 Interfering with wrecked vessel or wreck 8.111
247 Powers of entry etc 8.113
C H A P T E R I I I – S U P P L E M E N TA L
Administration
248 Functions of Secretary of State as to wreck 8.114
249 Expenses and fees of receivers 8.115
Coastguard services
250 Remuneration for services of coastguard 8.116
Release from customs and excise control
251 Release of goods from customs and excise control 8.117
Removal of wrecks
252 Powers of harbour and conservancy authorities in relation to wrecks 8.118
253 Powers of lighthouse authorities in relation to wrecks 8.121
254 Referral of questions as to powers between authorities 8.123
Interpretation
255 Interpretation 8.124

MERCHANT SHIPPING AND MARITIME SECURITY

ACT 1997
24 Implementation of international agreements relating to protection of wrecks 8.126

C I N Q U E P O RT S A C T 1 8 2 1
1 Lord Warden to appoint the Commissioners to determine Differences relative
to salvage. Commissioners to appoint a Secretary or Registrar, subject to
approbation of the Lord Warden. Proceedings to be entered 8.128
2 Power to Commissioners to settle all Differences which may arise between
the limits herein mentioned 8.132
3 Commissioners to be paid by the Owners, &c. for their Trouble such Fees
as shall be allowed by the Lord Warden. No commissioner shall act out of
the place where he is resident. Commissioners to take the following Oath 8.135
4 Appeal to High Court of Admiralty, or Admiralty of the Cinque Ports;
but Ship to be liberated, on Bail in double amount of award. Bail to be taken
and certified according to schedule annexed 8.137
5 Appeal to be conclusive 8.140
5A Powers of deputy warden 8.143
15 The Lord Warden and his Deputies, Judge, official &c to have the like
power as Justices of the Peace or Commissioners under this Act 8.145
18 Boundaries of jurisdiction of the Lord Warden of the Cinque Ports 8.148

x iv
 C ON T E N T S

Section Para
C I N Q U E P O RT S A C T 1 8 2 8
1 The Deputy Warden may appoint Salvage Commissioners, &c 8.152

C I N Q U E P O RT S A C T 1 8 5 5
2 Writs and Judgments to be directed and executed in the Cinque Ports as in
other places 8.154
10 Saving rights of Lord Warden, &c 8.157

W R E C K R E M O VA L C O N V E N T I O N A C T 2 0 11
1 Wreck Removal Convention 8.161
2 Short title and commencement 8.163

MERCHANT SHIPPING ACT 1995

PA RT 9 A – W R E C K R E M O VA L C O N V E N T I O N
Preliminary
255A “The Wrecks Convention” 8.165
Reporting, marking and removing
255B Wreck Reports 8.167
255C Locating and marking wrecks 8.169
255D Removal by registered owner 8.171
255E Imposition of conditions about removal 8.173
255F Removal in default 8.175
255G Liability for costs 8.177
255H Limitation period 8.179
255I Expenses of general lighthouse authorities 8.181
Insurance
255J Wreck removal insurance 8.183
255K Failure to insure 8.185
255L Detention of ships 8.187
255M Production of certificates 8.189
255N Issue of certificates 8.191
255O Cancellation of certificates 8.193
255P Third parties’ rights against insurers 8.195
255Q Electronic certificates 8.197
Supplemental
255R Interpretation etc. 8.199
255S Government ships 8.202
255T Saving 8.204
255U Power to amend 8.206
S C H E D U L E 11 Z A W R E C K S C O N V E N T I O N
Art Para
1 Definitions 8.209
2 Objectives and general principles 8.210
3 Scope of application 8.211
4 Exclusions 8.212
5 Reporting wrecks 8.213
6 Determination of hazard 8.214
7 Locating wrecks 8.215
8 Marking of wrecks 8.216
9 Measures to facilitate the removal of wrecks 8.217

xv
 C ON T E N T S

Art Para
10 Liability of the owner 8.218
11 Exceptions to liability 8.219
12 Compulsory insurance or other financial security 8.220
13 Time limits 8.221
14 Amendment provisions 8.222
15 Settlement of disputes 8.223
16 Relationship to other conventions and international agreements 8.224
17 Signature, ratification, acceptance, approval and accession 8.225
18 Entry into force 8.226
19 Denunciation 8.227
20 Depositary 8.228
21 Languages 8.229

C H A P T E R 9 – P I L O TA G E
P I L O TA G E A C T 1 9 8 7
PA RT I – P I L O TA G E F U N C T I O N S O F C O M P E T E N T H A R B O U R
AUTHORITIES
Preliminary
Section Para
1 Meaning of “competent harbour authority” and “harbour” 9.1
1A Procedure on orders under section 1 9.3
Provision of pilotage services
2 General duties as to provision of pilotage services 9.5
3 Authorisation of pilots 9.8
4 Employment etc of authorised pilots 9.12
5 Temporary procedure for resolving disputes as to terms of employment 9.14
6 Pilot boats 9.16
Compulsory pilotage
7 Pilotage directions 9.19
8 Pilotage exemption certificates 9.22
8A Pilotage exemption certificates: suspension and revocation 9.24
8B Section 8A supplementary 9.26
9 Prevention of discrimination in favour of authority’s ships 9.28
Charging by authorities
10 Pilotage charges 9.31
Agents and joint arrangements
11 Use of agents and joint arrangements 9.34
12 Information and directions as to joint arrangements 9.36
13 Resolution of disputes between authorities 9.38
Accounts
14 Accounts 9.40
PA RT I I – G E N E R A L P R O V I S I O N S C O N C E R N I N G
P I L O TA G E
Compulsory pilotage
15 Compulsory pilotage 9.43
16 Liability for ships under compulsory pilotage 9.47
Rights of pilots
17 Right of authorised pilot to supersede unauthorised pilot 9.50
18 Declaration as to draught etc of ship 9.54
19 Authorised pilot not to be taken out of his area

xvi
 C ON T E N T S

Section Para
20 Facilities to be given for pilot boarding or leaving ship 9.62
Misconduct by pilots
21 Misconduct by pilot endangering ship or persons on board ship 9.65
Limitation of liability
22 Limitation of liability in respect of pilots 9.67
Deep sea pilotage
23 Deep sea pilotage certificates 9.70
PA RT I I I – W I N D I N G - U P O F E X I S T I N G P I L O TA G E
O R G A N I S AT I O N
24 Abolition of pilotage authorities 9.72
25 Transfer of staff of pilotage authorities etc 9.76
29 Funding of reorganisation 9.80
PA RT I V – S U P P L E M E N TA RY
30 Orders and regulations 9.82
31 Interpretation 9.84
32 Transitional and consequential provisions and repeals 9.88
33 Short title, commencement and extent 9.90
S C H E D U L E A 1 – R E C O G N I T I O N O F E E A Q U A L I F I C AT I O N S
A N D E X P E R I E N C E I N R E L AT I O N T O P I L O TA G E I N
I N L A N D WAT E R S
Para Para
1 Scope of Schedule and interpretation 9.94
2 Formal qualifications 9.96
3 Person intending to act in a self-employed capacity or as manager of
an undertaking 9.98
4 Consideration of application to which paragraph 2 or 3 applies, and appeals 9.100
5 Professional training and experience 9.102
6 Proof of professional training and experience 9.104
7 Proof of other matters 9.106
8 9.108
9 9.110
10 9.112
11 9.114
S C H E D U L E 1 – T R A N S I T I O N A L A N D S AV I N G P R O V I S I O N S 9.116
SCHEDULE 2 – CONSEQUENTIAL AMENDMENTS 9.119
S C H E D U L E 3 – R E P E A L S A N D R E V O C AT I O N S 9.121

CHAPTER 10 – LIGHTHOUSES
MERCHANT SHIPPING ACT 1995
PA RT V I I I – L I G H T H O U S E S
Lighthouse authorities
Section Para
193 General and local lighthouse authorities 10.2
S C H E D U L E 8 – C O M M I S S I O N E R S O F N O RT H E R N
LIGHTHOUSES 10.5
Information to Secretary of State
194 Returns and information to Secretary of State 10.7
Functions of general lighthouse authorities
195 General function of management of lighthouses, etc 10.9
196 Joint discharge of functions 10.11

xvii
 C ON T E N T S

Section Para
197 General powers of general lighthouse authority 10.13
197A General lighthouse authorities: commercial activities 10.15
198 Inspection of local lighthouses 10.17
199 Control of local lighthouse authorities 10.19
Inspections by Secretary of State
200 Powers of inspection by Secretary of State 10.22
Powers of harbour authorities as local lighthouse authorities
201 Powers of harbour authorities 10.24
Transfers between general and local lighthouse authorities
202 10.27
203 Individual transfers of local lighthouses to harbour authorities 10.29
204 Surrender of local lighthouses 10.31
General light dues
205 Light dues leviable by general lighthouse authorities 10.33
206 Information to determine light dues 10.36
207 Recovery of general light dues 10.37
208 Distress on ship for general light dues 10.39
209 Receipt for general light dues and its production 10.41
Local light dues
210 Light dues leviable by local lighthouse authorities 10.43
SCHEDULE 10 – LOCAL LIGHT DUES: OBJECTIONS 10.46
Financial and administrative provisions
211 General Lighthouse Fund: expenses and receipts 10.47
212 Establishments of general lighthouse authorities 10.52
213 Estimates or accounts of expenses to Secretary of State 10.54
214 Pension rights of certain employees 10.56
215 Borrowing powers of general lighthouse authorities 10.58
216 Limit on borrowings under section 215 10.59
217 Guarantees by Secretary of State 10.60
218 Accounts of general lighthouse authorities 10.61
Offences in connection with lighthouses, buoys, beacons, etc
219 Damage etc to lighthouses etc 10.62
220 Prevention of false lights 10.64
Exemptions from taxes, duties, etc
221 Exemption from taxes, duties, rates, etc 10.65
222 Exemption from harbour dues 10.68
222A Disclosure of information to general lighthouse authorities 10.69
Supplemental
223 Interpretation, etc 10.71

C H A P T E R 11 – S P E C I A L C R A F T
HOVERCRAFT ACT 1968
Section Para
1 Power to make Orders in Council with respect to hovercraft 11.1
2 Admiralty jurisdiction, etc 11.12
3 Application of certain enactments to hovercraft 11.14
4 Interpretation 11.17

MERCHANT SHIPPING ACT 1995

310 Application of Act to hovercraft 11.19

xviii
 C ON T E N T S

Section Para
HOVERCRAFT ACT 1968
5 Northern Ireland 11.22
6 Financial provisions 11.24
7 Short title and commencement 11.26
S C H E D U L E – M O D I F I C AT I O N O F E N A C T M E N T S 11.29

MERCHANT SHIPPING ACT 1995

88 Safety of submersible and supporting apparatus 11.31
S C H E D U L E 2 – R E G U L AT I O N S R E L AT I N G T O
S U B M E R S I B L E A N D S U P P O RT I N G A P PA R AT U S 11.33
311 Application of Act to certain structures, etc 11.37

CHAPTER 12 – MARINE POLLUTION PREVENTION

MERCHANT SHIPPING ACT 1995
PA RT V I – P R E V E N T I O N O F P O L L U T I O N
C H A P T E R I – P O L L U T I O N G E N E R A L LY
Section Para
128 Prevention of pollution from ships, etc 12.2
129 Further provision for prevention of pollution from ships 12.23
130 Regulation of transfers between ships in territorial waters 12.26
C H A P T E R I A – WA S T E R E C E P T I O N FA C I L I T I E S AT H A R B O U R S
130A General 12.29
130B Waste management plans 12.34
130C Charges for and use of waste reception facilities 12.37
130D Supplementary 12.40
130E Interpretation of Chapter IA 12.43

CHAPTER 13 – PREVENTION OF OIL POLLUTION

MERCHANT SHIPPING ACT 1995
PA RT V I – P R E V E N T I O N O F P O L L U T I O N
CHAPTER II – OIL POLLUTION
General provisions for preventing pollution
Section Para
131 Discharge of oil from ships into certain United Kingdom waters 13.2
132 Defences of owner or master charged with offence under section 131 13.20
133 Defences of occupier charged with offence under section 131 13.28
134 Protection for acts done in exercise of certain powers of harbour
authorities, etc 13.30
135 Restrictions on transfer of oil at night 13.33
136 Duty to report discharge of oil into waters of harbours 13.35
136A Discharges etc. authorised under other enactments 13.37
Enforcement
142 Oil records 13.40
143 Prosecutions and enforcement of fines 13.46
144 Power to detain ships for section 131 offences 13.52
145 Interpretation of section 144 13.59
146 Enforcement and application of fines 13.61
147 Enforcement of Conventions relating to oil pollution 13.66

xix
 C ON T E N T S

Miscellaneous and supplementary

Section Para
148 Power of Secretary of State to grant exemptions 13.67
149 Application to Government ships 13.69
150 Annual Report 13.71
151 Interpretation 13.72

C H A P T E R 1 4 – L I A B I L I T Y A N D C O M P E N S AT I O N
FOR MARINE POLLUTION
MERCHANT SHIPPING ACT 1995
CHAPTER III – LIABILITY FOR OIL POLLUTION
Preliminary
Section Para
152 Meaning of [“the Bunkers Convention,”] “the Liability Convention” and
related expressions 14.1
Liability
153 Liability for oil pollution in case of tankers 14.12
153A Liability for pollution by bunker oil 14.30
154 Liability for oil pollution [in other cases] 14.33
155 Exceptions from liability under sections 153 [,153A] and 154 14.43
156 Restriction of liability for [pollution from oil or bunker oil] 14.47
156A Liability under section 153, 153A or 154: supplementary provisions 14.53
Limitation of Liability [under section 153]
157 Limitation of liability under section 153 14.55
158 Limitation actions 14.65
159 Restriction on enforcement after establishment of limitation fund 14.68
160 Concurrent liabilities of owners and others 14.72
161 Establishment of limitation fund outside United Kingdom 14.76
[Limitation period for claims under this Chapter]
162 Extinguishment of claims 14.79
Compulsory insurance
163 Compulsory insurance against liability for pollution 14.82
163A Compulsory insurance against liability for pollution from bunker oil 14.87
164 Issue of certificate by Secretary of State 14.90
165 Rights of third parties against insurers 14.95
Supplementary
166 Jurisdiction of United Kingdom courts and registration of foreign judgments 14.102
167 Government ships 14.105
168 Limitation of liability under section [153A or] 154 14.108
169 Saving for recourse actions 14.111
170 Interpretation 14.114
171 Transitory text of this Chapter and power to make transitional provisions 14.117
C H A P T E R I V – I N T E R N AT I O N A L O I L P O L L U T I O N C O M P E N S AT I O N F U N D
Preliminary
172 Meaning of “the Liability Convention”, “the Fund Convention” and related
expressions 14.120

MERCHANT SHIPPING AND MARITIME SECURITY

ACT 1997
International bodies concerned with maritime matters
27 Application of section 1 of International Organisations Act 1968 to International
Oil Pollution Compensation Fund 14.133
xx
 C ON T E N T S

Section Para
MERCHANT SHIPPING ACT 1995
Contributions to Fund
173 Contributions by importers of oil and others 14.136
174 Power to obtain information 14.138
Compensation for persons suffering oil pollution damage
175 Liability of the fund 14.140
176 Limitation of Fund’s liability under section 175 14.153
176A Liability of the Supplementary Fund 14.158
176B Limitation of the Supplementary Fund’s liability under section 176A 14.160
SCHEDULE 5 – OVERALL LIMIT OF LIABILITY OF FUND
PA RT I – P E R M A N E N T P R O V I S I O N 14.162
S C H E D U L E 5 Z A S U P P L E M E N TA RY F U N D L I A B I L I T Y 14.168
Supplemental
177 Jurisdiction and effect of judgments 14.174
178 Extinguishment claims 14.178
179 Subrogation 14.181
180 Supplementary provisions as to proceedings involving the Fund 14.184
181 Interpretation 14.186
182 Transitory text of this Chapter and power to make transitional provisions 14.188

MERCHANT SHIPPING (OIL POLLUTION) ACT 2006 (C 8)

1 Power to give effect to revisions of the international arrangements relating
to compensation for oil pollution from ships 14.191
4 Short title, commencement and extent 14.195

MERCHANT SHIPPING ACT 1995

C H A P T E R V – C A R R I A G E O F H A Z A R D O U S A N D N O X I O U S S U B S TA N C E S
182A Introductory 14.197
182B Power to give effect to Convention 14.204
182C Power of Secretary of State to make orders 14.207
S C H E D U L E 5 A – T E X T O F I N T E R N AT I O N A L C O N V E N T I O N
O N L I A B I L I T Y A N D C O M P E N S AT I O N F O R D A M A G E I N
CONNECTION WITH THE CARRIAGE OF HAZARDOUS
A N D N O X I O U S S U B S TA N C E S B Y S E A
CHAPTER I – GENERAL PROVISIONS
Art Para
1 Definitions 14.210
2 Annexes 14.213
3 Scope of Application 14.215
4 14.218
5 14.221
6 Duties of State Parties 14.224
CHAPTER II – LIABILITY
7 Liability of the owner 14.226
8 Incidents involving two or more ships 14.229
9 Limitation of liability 14.231
10 14.234
11 Death and injury 14.237
12 Compulsory insurance of the owner 14.239

xxi
 C ON T E N T S

Art Para
C H A P T E R I I I – C O M P E N S AT I O N B Y T H E I N T E R N AT I O N A L H A Z A R D O U S
A N D N O X I O U S S U B S TA N C E S F U N D ( H N S F U N D )
13 Establishment of the HNS Fund 14.242
14 Compensation 14.245
15 Related tasks of the HNS Fund 14.248
16 General provisions on contributions 14.250
17 General provisions on annual contribution 14.252
18 Annual contributions to the general account 14.254
19 Annual contributions to separate accounts 14.256
20 Initial contributions 14.258
21 Reports 14.260
22 Non-payment of contributions 14.262
23 Optional liability of States Parties for the payment of contributions 14.264
24 Operation and administration 14.266
25 Assembly 14.268
26 14.270
27 14.272
28 14.274
29 Secretariat 14.276
30 14.278
31 14.280
32 Finances 14.282
33 Voting 14.284
34 14.286
35 Tax exemptions and currency regulations 14.288
36 Confidentiality of information 14.290
CHAPTER IV – CLAIMS AND ACTIONS
37 Limitation of actions 14.292
38 Jurisdiction in respect of action against owner 14.294
39 Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund 14.296
40 Recognition and enforcement 14.298
41 Subrogation and recourse 14.300
42 Supersession clause 14.302
CHAPTER V – TRANSITIONAL PROVISIONS
43 Information on contributing cargo 14.304
44 First session of the Assembly 14.306
CHAPTER VI – FINAL CLAUSES
45 Signature, ratification, acceptance and accession 14.308
46 Entry into force 14.310
47 Revision and amendment 14.312
48 Amendment of limits 14.314
49 Denunciation 14.316
50 Extraordinary sessions of the Assembly 14.318
51 Cessation 14.320
52 Winding up of the HNS Fund 14.322
53 Depositary 14.324
54 Languages 14.326

xxii
 C ON T E N T S

C H A P T E R 1 5 – L I M I TAT I O N O F L I A B I L I T Y
MERCHANT SHIPPING ACT 1995
PA RT V I I – L I A B I L I T Y O F S H I P O W N E R S A N D O T H E R S
Carriage of passengers and luggage by sea
Section Para
183 Scheduled Convention to have force of law 15.3
184 Application of Schedule 6 to carriage within British Islands 15.13
S C H E D U L E 6 – C O N V E N T I O N R E L AT I N G T O T H E
C A R R I A G E O F PA S S E N G E R S A N D T H E I R L U G G A G E B Y S E A
PA RT I – T E X T O F T H E C O N V E N T I O N
Art Para
1 Definitions 15.15
1bis Annex 15.18
2 Application 15.20
3 Liability of the carrier 15.23
4 Performing carrier 15.26
4bis Compulsory insurance 15.30
5 Valuables 15.33
6 Contributory fault 15.37
7 Limit of liability for death or personal injury 15.41
8 Limit of liability for loss of or damage to luggage 15.47
9 Unit of account and conversion 15.51
10 Supplementary provisions on limits of liability 15.53
11 Defences and limits for carriers’ servants 15.55
12 Aggregation of claims 15.57
13 Loss of right to limit liability 15.60
14 Basis for claims 15.64
15 Notice of loss of or damage to luggage 15.66
16 Time-bar for actions 15.68
17 Competent jurisdiction 15.72
17bis Recognition and enforcement 15.75
18 Invalidity of contractual provisions 15.77
19 Other conventions on limitation of liability 15.80
20 Nuclear damage 15.84
21 Commercial carriage by public authorities 15.87
22 Declaration of non-application 15.90
22bis Final clauses of the Convention 15.92
Final clauses
17 Signature, ratification, acceptance, approval and accession 15.94
18 States with more than one system of law 15.96
19 Regional Economic Integration Organizations 15.98
20 Entry into force 15.100
21 Denunciation 15.102
22 Revision and amendment 15.104
23 Amendment of limits 15.106
24 Depositary 15.108
25 Languages 15.110
Annex: Certificate of insurance or other financial security in respect of liability
for the death of and personal injury to passengers 15.112

xxiii
 C ON T E N T S

PA RT I I – P R O V I S I O N S H AV I N G E F F E C T I N C O N N E C T I O N
WITH CONVENTION
Para Para
1 Interpretation 15.114
2 Provisions adapting or supplementing specified articles of the Convention 15.115
3 15.117
4 15.119
5 15.122
6 15.123
7 15.124
8 15.126
9 Other provisions adapting or supplementing the Convention 15.127
9A 15.128
10 15.130
11 15.133
12 Application of sections 185 and 186 of this Act 15.135
13 15.136
Limitation of liability of shipowners, etc and salvors for maritime claims
Section Para
185 Limitation of liability for maritime claims 15.138
186 Exclusion of liability 15.142
S C H E D U L E 7 – C O N V E N T I O N O N L I M I TAT I O N O F
LIABILITY FOR MARITIME CLAIMS 1976
PA RT I – T E X T O F T H E C O N V E N T I O N
C H A P T E R I – T H E R I G H T O F L I M I TAT I O N
Art Para
1 Persons entitled to limit liability 15.151
2 Claims subject to limitation 15.161
3 Claims excepted from limitation 15.176
4 Conduct barring limitation 15.183
5 Counterclaims 15.196
CHAPTER II – LIMITS OF LIABILITY
6 The general limits 15.199
7 The limit for passenger claims 15.209
8 Unit of Account 15.213
9 Aggregation of claims 15.219
10 Limitation of liability without constitution of a limitation fund 15.223
C H A P T E R I I I – T H E L I M I TAT I O N F U N D
11 Constitution of the Fund 15.232
12 Distribution of the Fund 15.248
13 Bar to other actions 15.255
14 Governing law 15.263
C H A P T E R I V – S C O P E O F A P P L I C AT I O N
15 15.266
18 Reservations 15.269
PA RT I I – P R O V I S I O N S H AV I N G E F F E C T I N C O N N E C T I O N
WITH CONVENTION
Para Para
1 Interpretation 15.271
2 Right to limit liability 15.273
3 Claims subject to limitation 15.275

x x iv
Another random document with
no related content on Scribd:
40.CHART SHOWING RISE OF TEMPERATURE BEFORE APOPLECTIC
SYMPTOMS IN A CASE OF TUMOR OF RIGHT TEMPORAL LOBE
41.CHART SHOWING THE DIFFERENCE OF TEMPERATURE BETWEEN THE
TWO SIDES IN A CASE OF HEMIPLEGIA
42.CHART SHOWING THE SAME AS FIG. 41 IN ANOTHER CASE OF
HEMIPLEGIA
43.FLAT GLIOMA-CELL WITH ITS FIBRILLAR CONNECTIONS (OSLER)
44.HOMOGENEOUS TRANSLUCENT FIBRE-CELL (OSLER)
45.DIAGRAM OF SPINAL COLUMN, CORD, AND NERVE-EXITS (AFTER
GOWERS)
46.SARCOMA PRESSING CERVICAL CORD (E. LONG FOX)
47.SARCOMA OF LOWER CERVICAL CORD
48.THE SAME AS FIG. 47
49.THE SAME AS FIG. 47
50.THE SAME AS FIG. 47
51.FIBROMA OF LOWER DORSAL CORD
52.TUMOR OF CAUDA EQUINA
53.PSAMMOMA OF DORSAL CORD, JUST ABOVE LUMBAR ENLARGEMENT
54.THE SAME AS FIG. 53
55.DIAGRAM SHOWING THE MENTAL RELATIONS OF MOTOR AND TROPHIC
CELLS WITH CEREBRAL AND SPINAL NERVE-FIBRES (AFTER ERB)
56.VASO-MOTOR NERVES AND GANGLIA ACCOMPANYING THE ARTERIOLES
IN A FROG (GIMBERT)
57.DIAGRAM TO REPRESENT THE MODE OF ACTION OF COUNTER-IRRITANTS
APPLIED TO THE CHEST (LAUDER-BRUNTON)
58.DIAGRAM OF THE ARRANGEMENT AND CONNECTION OF THE MOTOR AND
TROPHIC CENTRES AND FIBRES IN THE SPINAL CORD AND MOTOR
NERVE (AFTER ERB)
 DISEASES OF THE NERVOUS
SYSTEM.

GENERAL SEMEIOLOGY OF DISEASES OF THE

NERVOUS SYSTEM; DATA OF DIAGNOSIS.

BY E. C. SEGUIN, M.D.

I. Psychic Symptoms.

ABNORMAL EMOTIONAL STATES.—Emotional manifestations,

spontaneous or provoked from without, are, in the civilized adult,
held in check directly or indirectly by the will, or by so-called strength
of character. Extreme variations are allowed as being within the
normal, from the stupidity of the peasant and the impassability of the
hero to the sensitiveness and almost unrestrained reactions of the
child or of the artist. Each individual must be judged by his own and
his racial and family standards in this respect. It is more particularly
when the dulness or over-active state observed is in contrast with
the subject's habitual demeanor that the condition is called
pathological.

Emotional dulness, or the complete absence of any emotional

manifestation, may depend upon (1) diminished sensibility to
external influences; (2) sluggishness of cerebral action, more
especially in the range of sensori-ideal processes, or to general want
of intelligence; (3) absorption of the subject's cerebral powers in
some special object, real or delusive. The first form is illustrated in
various grades of idiocy and backwardness; the second, in fatigue,
prostration, and in conditions of dementia; the third is well
exemplified in cases of insanity where the patient is devoted to one
delusion or dominated by hallucinations (melancholia attonita), in
which case the subject may be told the most painful news, insulted
most grievously, or threatened fearfully without manifesting grief,
anger, or fear. In some instances absolutely no emotional life can be
detected.

Emotional exaltation may be due to (1) increased sensibility to

external influences; (2) to deficient self-control. The first condition is
illustrated in neurasthenic and hysterical subjects and in forms of
mania: slight or almost imperceptible provocations call forth reaction,
a noise causes fear, a look anger or tears, etc.; the second
mechanism is apparent in diseases (dementia paralytica) where the
cerebral hemispheres are extensively diseased and the cerebral
power lessened (more especially is this the case where the right
hemisphere is injured), and in cases of simple debility or asthenia, as
when we see a previously mentally strong man shed tears or start
most easily in convalescence from acute disease.

It may also be stated, in general terms, that the emotions are

manifested in inverse ratio to the subject's mental or volitional power.
Psychologically, the emotions are intimately related, on the one
hand, with sensory functions, and on the other with more purely
mental functions. Anatomically, it is probable that emotions are
generated in basal ganglia of the brain (thalami optici and ganglion
pontis), in close association with the sensory areas of the cortex
cerebri, while the volitional, inhibitory power is derived from regions
of the cortex situated frontad. Clinically, we meet with abnormal
emotional states in a great many diseases of the nervous system,
more especially in hysteria, neurasthenia, and insanity.

DEPRESSION in the psychic sphere manifests itself by the presence of

psychic pain (psychalgia), by slowness of emotive reaction and of
intellection, and by the predominance of fear, grief, and other
negative emotional states. This complex mental state is usually
accompanied by corresponding physical symptoms—general
debility, reduced muscular strength, slowness of visceral functions,
and retarded metamorphosis. The features are relaxed and passive;
the posture sluggish, indifferent, or cataleptoid; the animal appetites
are reduced. It is seldom that the entire economy does not
sympathize with the psychic state. In exceptional cases some
emotions are abnormally active, as in hypochondriasis; or there may
be abnormally active muscular movements, as in melancholia
agitata. Usually, depression is a part (a fundamental part, however)
of a more complex symptom group, as in hypochondriasis,
melancholia, hysteria, the prodromal stage of mania or paralytic
dementia, etc.; but sometimes it constitutes a so-called disease—
melancholia sine delirio. Although depressed subjects often appear
indifferent to their surroundings, and react slowly or not at all, it must
not be supposed that their emotions are not subjectively active. They
are often abnormally so, and psychic hyperæsthesia coexists with
psychalgia. No anatomical seat can be assigned to the processes
which constitute this state and the following; their psychic
mechanism is unknown.

EXALTATION, or abnormally great mental activity (including emotions),

so-called psyclampsia, manifests itself by a pleased or happy
subjective state, by increased reaction to external stimuli, by
unusually abundant and rapid ideation, and by a corresponding
increase of somatic activity, as shown by apparent (?) excess of
muscular power, of circulation, of visceral activity, and of the
appetites. The entire being, in certain cases, becomes endowed with
additional capacity and power. In the mental sphere this over-activity
easily passes into incoherence and verbal delirium, while in the
physical sphere it may translate itself into violence. Clinically,
exaltation may show itself as an independent morbid state, known as
mania sine delirio. It more commonly appears, with other symptoms,
in the shape of ordinary mania, of delirium tremens, of dementia
paralytica, etc. Exaltation often follows morbid depression, and these
two states sometimes alternate for years (circular insanity).
Exaltation, even when accompanied by violent muscular action, must
not always be considered an evidence of increased nervous power.
On the contrary, it is often a result of irritable weakness, and as such
indicates a tonic and restorative medication.

ILLUSIONS.—By illusion is meant the result of malinterpretation of an

external impression by disordered sensorial or cerebral apparatuses.
All of the special senses and the common sensory nerves may be
the media of illusions, but they more commonly manifest themselves
in the visual and auditory spheres. A few examples will best illustrate
the exact meaning of the term. An insane person mistakes a casual
visitor for his brother or father: he fancies that a piece of furniture is a
flowering shrub or a threatening animal; another patient will declare
that the food in his mouth tastes of a particular poison; still another,
having pains in the night, solemnly avers that he has been beaten or
cut, etc. A real impression is made upon the centres for vision, taste,
and common sensation, but it is wrongly interpreted or appreciated.
The exact mechanism of illusions escapes our present means of
analysis: the peripheral apparatus or the perceptive centre may be
disordered; probably, in most cases, the latter. This is borne out by
the fact that in many insane the illusions are in harmony with the
delusions present in the mind, and then they are nearly akin to
hallucinations. The word illusion is sometimes employed as
synonymous of delusion, but this is an abuse of terms to be avoided.
Healthy persons are subject to illusions, but the error is quickly
corrected by more careful observation by the same sense, or by the
use of others. The state of intoxication by cannabis indica
(hasheesh) presents numberless illusions of all the senses, together
with hallucinations.

HALLUCINATIONS.—By this term is designated the result of the

projection into the external world, through nerves of common or
special sensations, of formed sensations which arise in a disordered
sense-apparatus or nerve-centre; or, in more popular language, it
may be said to mean the perception of non-existent objects or
impressions, creations of the imagination. Examples: Disease
(sclerosis) of the posterior columns of the spinal cord irritates the
roots of the sensory nerves, the result being pain at the periphery in
the parts connected with the affected segment of the cord. So
objective and real do these peripheral pains seem that if the patient's
mind be weakened he may assert that they are due to his being
beaten, stabbed, or bitten by some one or by an animal. After
amputation, the absent member is long perceived by the subject,
often with startling distinctness, and even after the sensation has
passed away it may be brought back by faradizing the nerve-trunks
above the stump. The patient may hear voices, music, or simple
sounds when in reality there is silence, or he may be surrounded by
imaginary images or plagued by hallucinatory smells and tastes.
Hallucinations may also arise in the distribution of optic nerves.

Besides common hallucinations with their seeming reality and

objectivity, we admit others which are less vivid, which do not startle
or frighten the subject, and which are simply the outward projections
of the patient's own thoughts (delusions). The subject of persecution
by imaginary enemies may see around him the faces of his pursuers
with appropriate expressions, or hears their insulting or threatening
remarks, as outward plastic reproductions of his thoughts; but the
patient himself recognizes the want of actual objectivity and
clearness in these images. These we call, after Baillarger, psychic
hallucinations or pseudo-hallucinations. Similar phenomena are
observed in some sane persons under excitement and betwixt sleep
and waking.
The mechanism of hallucinations is partly understood, and may be
stated as follows: In some few cases a real disorder or defect in the
peripheral sense-organ may give rise to false projections; for
example, a tinnitus may become transformed into a distinct voice, a
scotoma may be the starting-point of false pictures of a man or
animal. The simpler hallucinations of pain, cutaneous, muscular, and
visceral sensations may originate in irritation of the nerve-trunks (as
where the nerves of an arm-stump are faradized and the patient
feels his hand with fingers in motion). But the general or common
genesis of hallucinations is in disordered states of nerve-centres,
those for common sensations and the special centres or cortical
areas in the brain. Thus, a morbid irritation of the cortical visual area
or sphere will give rise to abundant hallucinations of sight; irritation of
the auditory sphere to hallucinations of hearing, as sounds and
voices, etc. It must be borne in mind that, however pathological
hallucinations may be, they arise from the operation of a
fundamental physiological law. In health we constantly refer our
sensations or transfer them into the external world, thus creating for
ourselves the non-Ego. All terminal sensory nerve-endings receive
only elementary impressions or impulses from external agencies,
and these are perceived and conceived as images, formed sounds,
etc. in the appropriate cortical centres; then by the law of reference
of sensations these elaborated, idealized conceptions or pictures are
thrown outward again and contemplated as objective. In this
physiological mechanism lies the kernel of truth which is included in
idealism.

Hallucinations may occur without derangement of mind or

impairment of judgment. Many instances are on record of transient
or permanent hallucinations of various senses in perfectly healthy
persons who were fully aware of the unreal character of what they
saw or heard. Being of sound mind, they were able to make the
necessary correction by reasoning or by the use of other senses. In
very many forms of insanity hallucinations are prominent, though
they also occur in quasi-sane conditions, as in hypochondriasis,
hasheesh, belladonna, and opium intoxication, the stage between
sleeping and waking, etc. As long as the subject is able to correct
the false projections by reason or by the use of other senses he is
considered sane.

Hallucinations are sometimes the cause of acts by the insane, some

of them violent and even murderous actions. Hallucinations of sight
and hearing are especially prone to lead to assaults, murders, etc.
The occurrence for any length of time of acoustic hallucinations in
insanity is accounted of bad prognosis.

DELUSIONS are synonymous, in a popular way, with false beliefs.

Thus, we often speak of eccentric opinions, of fanatical or
extravagant creeds, as delusions. In a certain sense probably all
mankind cherish innumerable delusions. In a strictly medical and
medico-legal sense, however, the term is applied only to false beliefs
in respect to clearly-established, indisputable facts. Thus, a man who
believes in Spiritualism or even in metempsychosis, or in the divinity
of a certain personage, is not medically deluded; whereas, one who
believes that a bare court is a flowering garden or that he himself is
divine is deluded. The essential element in the conception of
delusion is belief or conviction on the patient's part; and that is why
delusions mean that the psychic functions are deeply and seriously
impaired. Delusions may be conveniently divided into ideal and
sensorial.

(a) Ideal delusions are false ideas or concepts arising more or less
spontaneously, or by morbid association in the subject's mind. For
example: he believes that he is a god, that he has millions of money,
that his soul is lost, that he has a thousand children, etc. Many of the
delirious ideas experienced by insane patients are delusions, and so
to a certain extent (subject to temporary corrections by reasoning
and demonstration) are the notions of hypochondriacs about their
health.

(b) Sensorial delusions are such as are founded upon illusions and
hallucinations. The moment a subject is convinced of the reality of an
illusion or hallucination, believes in its actuality, he is said to have a
delusion. The change from illusion and hallucination to the state of
sensorial delusion indicates a deeper psychic alteration—a failure of
critical capacity or judgment. Examples: A man imagines the stump
of a tree in front of him to be a human being, but by reasoning, by
closer visual inspection, or by palpation he concludes that it is a tree,
after all; this is a simple illusion. If he persists, in spite of argument
and demonstration, in his assertion that the stump is a human being,
he is said to have a delusion or to be deluded. If a person sees
wholly imaginary flowers or hears imaginary voices, as long as he is
capable of recognizing the falsity or want of actuality of these images
or sounds he has a simple hallucination; if he ceases to make the
necessary correction, and believes the flowers and voices to really
exist, he has sensorial delusions. It should be borne in mind that
sane persons may have hallucinations, and that some insane have
no sensorial delusions; also, that some insane are capable of
correcting, for a time at least or when closely questioned, their
illusions and hallucinations. Apart from these exceptional conditions,
delusions, sensorial and ideal, are most important symptoms of
insanity. We also meet temporary delusions in toxic conditions (from
Indian hemp, alcohol, etc.) and in the delirium of acute general
disease, of low febrile states, starvation, etc. Delusions are
sometimes named in groups, according to the prevailing type of
mental action; then, we have exalted delusions, in which the false
notions and beliefs are rose-colored or extremely exaggerated (as in
paralytic dementia, etc.). Again, we speak of delusions of
persecutions, where the patient fancies himself pursued, maltreated,
insulted, or where he insanely follows up and persecutes others.
Such classification is useful for purposes of clinical and psychical
study.

Imperative conceptions or controlling morbid ideas and desires are

ideal delusions presenting certain peculiarities; one of which is that
of growth by accretion and assimilation by a sort of false logic and
grotesque analogical reasoning, until from a mere fancy or notion the
growth invades and governs the entire subjective life of the subject.

VIOLENCE is a complex symptom always deserving of study and

psychological analysis. It may present itself as an increase of a
naturally bad disposition or as a wholly new exhibition of irritability
and temper. Beyond these limits it may assume the shape of abusive
and foul language (not before employed by the subject), or of
physical acts of a destructive or dangerous character. Viewing the
condition from a psychological standpoint, we should endeavor to
distinguish between merely impulsive or animal violence due to over-
activity of the emotional state or to a loss of self-control (cortical
inhibition), and quasi-deliberate acts due either to special delusions
or to delirium. Abnormal irritability, or increase in an originally bad
temper, is met with in hysteria, neurasthenia, and partial dementia.
Masturbators and epileptics frequently exhibit this condition. In a
state less pathological, from mere fatigue or overwork, irritability may
temporarily show itself as a result of reduced cortical energy; and in
such cases rest, a cup of tea or coffee, alcohol, or even ordinary
food, restores good-nature and equanimity as by magic. In little
children bad temper is a frequent precursor of illness, more
especially of cerebral disease. Greater degrees of violence in
speech and acts are met with in hysteria, neurasthenia, and in many
forms of insanity, in the guise of exaggerations of animal
propensities, to make a noise, break objects, injure persons in an
aimless general way. Voluntary or quasi-voluntary acts of violence
are those which are done under the influence of hallucinations,
delusions, or of delirious ideas, usually by insane patients. The
delirium of acute or inflammatory disease or of the typhous state is
rarely active, although pericarditis sometimes gives rise to very
violent delirium, and the mild delirium with picking and gesticulating
of pneumonia, typhoid fever, etc. may sometimes simulate mania. In
general terms, the words and acts of patients represent the ideas
passing through their minds in a rapid confused way, much as in
dreams. Violence done under the influence of clearly-defined
hallucinations and delusions is most dangerous, because it is
executed with apparent deliberation and volition. Thus, a man
laboring under hallucinations of hearing, fancying himself insulted,
may turn in the street and strike or shoot some one near him, the
supposed author of the insult. An epileptic falls in a partial attack or
has epileptic vertigo; as a part of the seizure there is a dream-like
scene of assault, actual or threatened, upon him, and on rising from
the ground, or after the momentary vertigo the patient, acting in
accordance with the demands of the dream-like scene, makes an
onslaught upon those near him or smashes furniture, etc. Seeing
such acts, without knowing their genesis, one is liable to consider
them normally deliberate and malicious. On recovering
consciousness (which may not be for several hours or days) the
epileptic patient appears utterly oblivious of his actions, and is much
astonished to learn what he has done. In many cases of insanity
violent acts are done through a similar psychic mechanism—i.e.
through the domination of delusions. Delusions often give rise to
what may be termed negative violence—resistance to personal care,
treatment, giving of food, etc. This is exemplified in acute
melancholia, with overpowering fears of all kinds and terrorizing
hallucinations of sight and hearing. The patients crowd in corners or
sit curled up, and resist with all their might whatever is done for
them, even striking and biting the attendants.

Therapeutically, the question of physical restraint or non-restraint in

the management of violence might be discussed here, but the
question is one which can be much better considered in connection
with the general treatment of insanity, and the reader is consequently
referred for information to the article on that subject.

DELIRIUM is a term which has been so variously applied that a brief

definition of it is wellnigh impossible. Illogical or unreasoning and
incoherent thoughts expressed in words and acts may suffice to give
a general idea of the condition. Extreme applications of the term are,
for example, to say that in a case of extreme dementia the rambling,
disconnected talk is delirium, or that in certain forms of monomania
the expression of the patient's peculiar delusion is delirium. It seems
to us that there should be a certain degree of activity in the
production of morbid ideas, with confusion in their expression, to
justify the use of the term delirium. Again, in some instances the
delirious talking and acting are only the reflex of abundant
hallucinations of various senses which beset the patient. In some
other respects the term delirium is applied in several distinct ways:
first, in a substantive form as a designation for the incoherent words
and acts of a patient. Usually, it is then put in the plural form of
deliria. Thus we have the more or less highly organized, fixed or
changeable deliria of monomania, chronic mania, melancholia,
paretic dementia, etc., and the confused and evanescent deliria of
acute general diseases, intoxications, and many forms of insanity. In
short, we may speak of a sick person's deliria as we would of a
normal person's thoughts; or in still more elementary analysis deliria
are abnormal or insane thoughts and corresponding action. Second,
delirium is used adjectively as designating certain diseases—e.g.
delirium tremens, delirium a potu, acute delirium, delirium of acute
diseases, etc. The seat of the psychic processes which go to make
delirium is undoubtedly the cerebral cortex. This view is supported
partly by the clinical consideration that delirium bears a certain
relation to the psychic development of the subject. Thus, we see in
children and in the higher animals rudimentary or fragmentary deliria;
in advanced age the delirium is feeble and wellnigh absent; while in
ordinary adults with well-developed cerebration deliria are abundant
and varied. From pathological anatomy we learn that deliria become
simplified and subside in proportion as the cerebral cortex becomes
more and more damaged by effusions, by pressure effects, or by
degenerative changes. As to the relation between special
histological pathological changes, our knowledge is small and to a
certain extent paradoxical. Thus, it is universally admitted that
delirium may be due either to hyperæmia or to anæmia of the brain.
The delirium of alcoholic or cannabis intoxication may be fairly
assumed to be of sthenic or hyperæmic origin, either by the nervous
elements themselves being in an exalted state of irritability, or
because an increase in the circulation of arterial blood in the brain
leads to greater activity of the cellular elements. Again, delirium
appears in conditions of general or cerebral anæmia, as in
starvation, after prolonged fever, after the withdrawal of customary
stimuli, etc. These views are confirmed by the fact that some deliria
cease upon the administration of sedatives and narcotics, while
others are relieved and cured by rest, stimulants, and food. On the
other hand, a large class of deliria, as exhibited in the insane,
escape pathological analysis; for example, the delirious conceptions
of monomania occurring in apparent somatic health and without well-
marked symptoms of cerebral disease. We are much in the dark as
to what the processes may be by which delusional notions grow in
the subjective life and manifest themselves outwardly as deliria. It is
probable that in such cases there is no material lesion (appreciable
to our present means of research), but a morbid dynamic condition,
false reactions, abnormal centripetal and centrifugal associations in
the psychic mechanism, with or without inherited bias. The diagnosis
of delirium as a symptom is usually easy, but it is a task of no small
difficulty to determine its pathological associations in a given case,
and to draw from this study correct therapeutic indications. A careful
review of the antecedent circumstances, of the patient's actual
somatic condition, more especially as regards hæmic states and
vaso-motor action, is indispensable.

LOSS OF CONSCIOUSNESS, COMA.—Suspension of all sensibility,

general and special, with loss of all strictly cerebral (cortical)
reflexes, is met with in many pathological states. Its physiology or
mode of production is unknown, but there are good reasons for
believing that the lesion, vascular or organic, affects chiefly the
cortical substance of the hemispheres. Its clearest manifestation,
clinically, is after depressed fracture of the skull or after concussion
of the brain, without or with abundant meningeal hemorrhage. In the
last case unconsciousness or coma appears as an exaggeration of
drowsiness or stupor; after a fall the patient may be able to walk into
the hospital, but soon becomes drowsy, then stupid, and lastly
completely insensible. In the first case, that of depressed fracture of
the skull, the raising of the depressed bone is often followed
immediately by return of consciousness; the patient seems to wake
as from a deep sleep. In medical practice there are many analogous
conditions of abnormal pressure causing coma, as in meningitis,
cerebral abscess, hemorrhage, embolism of cerebral vessels, etc.
Long-continued or fatal coma may be caused by general morbid
states, as uræmia, acetonæmia, surgical hemorrhage, intoxication
by narcotics, alcohol, ether, etc., and by asphyxia. Momentary loss of
consciousness is induced in the various forms of epilepsy, lasting
from a fraction of a second (so short as not to interrupt walking) to
one or two minutes, followed by the more prolonged coma of the
asphyxial stage. Temporary unconsciousness is also caused by
physical or moral shock, but in many such cases the heart is
primarily at fault, and the condition is termed syncope. Although in
practice it is most important to distinguish syncope from more strictly
cerebral coma, yet it must be admitted (and such admission is
important for therapeutics) that in both categories of cases anæmia
of the brain (cerebral cortex) is the essential factor or immediate
cause of suspension of consciousness. This view of the pathology of
coma is borne out by the fact that the condition may be produced at
will, experimentally or therapeutically, by compression of both carotid
arteries. It may be well to mention here the pseudo-coma of hysteria.
In these cases consciousness is really present, as shown by
responses to violent cutaneous irritations (faradic brush), by
quivering of the closed eyelids and resistance to attempts to open
them, by vascular or muscular movements evoked by remarks of a
flattering or abusive nature made in the patient's hearing, and by
cessation of the condition after complete closure of the nose and
mouth for forty-five seconds or one minute (asphyxia). In the typically
unconscious state, as in cases of fracture of the skull or of
intracranial pressure by exudations, clots, tumors, etc., there are
several objective symptoms to be noted. The pupils are usually
dilated and immovable (exceptions chiefly in narcotic poisoning); the
pulse is reduced in frequency and retarded; it is sometimes full and
bounding, or in other cases feeble and irregular. The breathing is
often slow and irregular; the patient fills out his cheeks and puffs
(smokes the pipe); sometimes the Cheyne-Stokes type of respiration
is observed. In hysterical or hypnotic impairment of consciousness
these important symptoms are absent: the patient seems simply
asleep. Although coma is, strictly speaking, a symptom, it so often
appears as the leading one of a group that it deserves study almost
as a disease. Indeed, there are few more difficult problems for the
physician than the case of a comatose subject without a good history
of the preceding condition, causes, etc. It is impossible here to
consider all the possibilities of this problem in diagnosis;1 we can
only state the chief and most probable pathological conditions which
may cause coma.
 1 An able attempt at the differential diagnosis of comatose cases, by J. Hughlings-
Jackson, will be found in Reynolds's System of Medicine, Am. ed., 1879, vol. i. p. 920.

(1) The patient may be epileptic. The following signs of a past

convulsive attack should be sought for: a bitten tongue, fleabite-like
ecchymoses on the face, neck, and chest, saliva about the face and
neck, evidences of micturition or of seminal emission in the clothing,
etc. There is usually a small rise of temperature after a single fit, and
consciousness soon returns without assistance, or a second seizure
appears.

(2) The patient may be suffering from surgical cerebral compression

or concussion. Signs of injury about the head or other parts of the
body, oozing of blood or sero-sanguinolent fluid from the ears and
nose, will sometimes clear up the diagnosis. Especially suggestive of
meningeal hemorrhage is a gradually increasing stupor without
distinct hemiplegia.

(3) The coma may be uræmic. In some cases anasarca and slow
pulse point at once to this pathological condition. In all comatose
cases without history the urine should be drawn with a catheter for
testing, and signs of various forms of Bright's disease may be
detected. The ophthalmoscope (easily used in comatose subjects)
may yield most valuable indications by revealing retinitis
albuminurica or neuro-retinitis.

(4) The patient may be under the effects of a clot in the brain or of
acute softening of a considerable part of the organ. Hemiplegia with
conjugate deviation of the eyes and head is usually present, the
head and eyes turning away from the paralyzed side, the patient
looking, as it were, toward the lesion. A latent hemiplegic state may
sometimes be determined by one-sided redness of the buttock, and
by a slight difference of temperature between the two hands
(paralyzed side warmer). The general temperature of the body
(measured preferably in the vagina or rectum) exhibits a marked
rise. After cerebral hemorrhage there is, according to Charcot and
Bourneville, a fall below the normal during the first hour, followed by
a steady rise to 106° or 108° F. at death in severe cases. After
embolism or thrombosis, causing softening, the rise of temperature
is less in extent and not as regularly progressive.

(5) The subject may be simply drunk or poisoned by alcohol. In such

a case the patient may usually be roused momentarily by loud
speaking, shaking, or by painful impression; the breath is alcoholic;
the cerebral temperature subnormal or normal. The urine must be
tested for alcohol.2 It must not be forgotten that on the one hand
intoxicated persons are most prone to falls causing fracture of the
skull or concussion, and on the other hand that the early stage of
coma from meningeal hemorrhage resembles narcosis.
2 Anstie's Test.—A test solution is made by dissolving one part of bichromate of
potassium in three hundred parts by weight of strong sulphuric acid. The urine is to be
added drop by drop to the solution. If a bright emerald-green color suddenly results
from this manipulation, it signifies that there is a toxic amount of alcohol in the urine.

(6) The coma of congestive or malignant malarial fever is to be

distinguished mainly by the absence of physical or paralytic
symptoms, coinciding with a high rectal temperature. The spleen is
often enlarged. Some would add that Bacillus malariæ and pigment
might be found in the splenic blood, withdrawn by a long, fine
needle.

(7) Toxic narcosis, from opiates, morphia, chloral, etc., are often
difficult of diagnosis, except that from opiates and morphia, in which
extremely slow respiration and contracted pupils, with lowered
temperature, point at once to the cause.

In studying cases of coma all the above-enumerated symptoms

should be considered as of great negative or positive value: often the
diagnosis is only made by exclusion. The Cheyne-Stokes respiration,
pupillary variations, differences in pulse-rate and volume, are
present in such varied conditions, irrespective of the nature of the
lesion, as to render them of minor value in differential diagnosis.

DOUBLE CONSIOUSNESS is a rare condition, in which the subject

appears to have separate forms or phases of consciousness, one
normal, the other morbid. This occurs in hypnotic and somnambulic
states, probably also in certain cases of insanity and epilepsy. The
current of normal consciousness is suddenly broken; the patient
enters into the second or abnormal state, in which he acts, writes,
speaks, moves about with seeming consciousness; but after a
variable time a return to normal consciousness reveals a break in the
continuity of the memory: the patient has no recollection whatever of
what he did or said in the morbid period. In the hypnotic state
subjects may show increased power of perception, and are strangely
susceptible to suggestions or guidance by the experimenter. In a
second attack the patient often refers back to the first, and does
things in continuation or repetition of what he previously did,
apparently taking up the same line of thought and action. The morbid
states, long or short, are joined together by memory, but are wholly
unknown in the normally conscious states. In other words, the
patient leads two (or three, according to a few observations)
separate lives, each one forming a chain of interrupted conscious
states. In epilepsy we observe remarkable breaks in normal
consciousness: the patient goes through certain acts or walks a
distance or commits a crime in a dream-like state, and suddenly,
after the lapse of a few minutes, hours, or days, becomes normally
conscious and has no recollection of what he did with such apparent
system and purpose during the seizure. It might, perhaps, be as well
to classify these phenomena under the head of amnesia. A case is
on record where a man travelled, seeming normal to fellow-
travellers, from Paris to India, and who was immensely astonished
on coming to himself (return to common consciousness) in Calcutta.
Many murders have been committed with apparent design and with
skill by epileptics, who upon awaking from their dream-like state
were inexpressibly horrified to hear of their misdeeds.

AMNESIA, or loss of memory, may vary in degree from the occasional

failure to remember which is allowed as normal, to the absolute
extinction of all mental impressions or pictures. This word and the
expression memory are here used in a restricted sense, reference
being had only to purely intellectual and sensorial acts related to
intellection. If we take the general or biological sense of the term
memory as meaning the retention of all kinds of residua from
centripetal impressions and of motor centrifugal impulses, including
common sensory and visual impressions, special sense impressions,
all unconsciously received impressions, emotional, intellectual, and
motor residua, we should consider amnesia in a correspondingly
general way. This, however proper for a physiological study, would
be far too complex and premature for an introduction to practical
medicine. Recognizing memory, therefore, as a universal organic
attribute—a capacity to retain impressions—we will treat of it only in
the commonly-accepted sense referred to supra.

Failure of memory may be real or apparent. In the latter sense

amnesia is induced by diversion of the attention into a channel
different from that in which the line of inquiry is conducted. A normal
example of this is seen in the state known as preoccupation, where a
person intent upon a certain thought or action forgets who is about
him, where he is, and if asked questions fails to answer or answers
incorrectly. In pathological states, as in acute curable insanity,
apparent loss of memory is often caused by the domination of an
emotion or of delusions. In both cases, if the subject can be roused
or brought to himself, he remembers all that we inquire about and is
amused at his previous false answers or silence. Real amnesia
consists in the actual blotting out of recollections or residua in a
partial or general manner, for a time or permanently. These
differences serve as the basis of a complicated subdivision of
amnesia which it is not necessary to fully reproduce here.

Temporary partial amnesia is a variety which is frequently observed

in normal persons, even the most gifted. A word or fact escapes us,
seems wholly lost for a few minutes, hours, or days; the more we
strive to recall it, the less we succeed; yet later, when not sought for,
the fact or word appears in our consciousness as if spontaneously,
but more probably by some effect of the law of association. Such
partial and momentary forgetfulness may assume proportions which
render it pathological. What is known as transitory aphasia may be
classed in this group. In a few minutes or hours a person without
apoplectic, epileptic, or paralytic phenomena loses all power to
express his thoughts by speaking or writing; there is verbal amnesia
and agraphia. The subject is conscious of his condition and of the
wholly futile or incorrect attempts he makes to communicate with
others.

Temporary complete amnesia is almost equivalent to loss of

consciousness, yet not strictly so. For example, after a sharp blow
upon the head a person may perform complicated acts, reply to
questions, and apparently act normally, yet after a variable time he
will declare that he remembers absolutely nothing of the injury and
what he did or said for hours or days afterward. The same
phenomenon is observed in the course of psychoses, neuroses
(epilepsy), in some acute diseases, and in certain states of
intoxication.

Permanent partial amnesia occurs in states of dementia, such as

senile dementia, paralytic dementia, and in certain cases of aphasia.
Great gaps exist in the patient's memory; some things are well
recalled, others wholly and for ever effaced. The psychological law
governing the failure of memory in these cases is that the earliest
and strongest impressions survive, while recent and less forcible (i.e.
less interesting) ones are lost. Substantives or names are especially
liable to obliteration, as are also many of the delicate residua which
lie at the basis of the subject's ethical conceptions and acts.

Permanent complete amnesia is observed at the end of

degenerative cerebral diseases, as organic dementia, whether of the
form termed secondary or that designated as paralytic. Sometimes
after acute general diseases the memory may be a perfect blank for
a considerable length of time, and education has to be repeated.
Memory may be so completely absent that cases are known in which
the patient gave a fresh greeting to the asylum physician every two
or three minutes indefinitely, as if each were a first meeting.
Momentary perception and automatic (reflex) response are there, but
no impression is made; there is no residuum left in the cortical
centres. In these cases amnesia is accompanied by degeneration of
the visual, auditory, etc. cortical areas or centres.