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MERCHANT SHIPPING ACT 1894 MERCHANT SHIPPING ACT 1894 - LONG TITLE An Act to consolidate Enactments relating to Merchant Shipping.{1} [25th August 1894] PART I MERCHANT SHIPPING ACT 1894 - SECT 1 1. A ship shall not be deemed to be a British ship unless owned wholly by persons of the following description (in this Act referred to as persons qualified to be owners of British ships); namely, (a)... British subjects: Paras.(b)(c) rep. by 1948 c.56 s.31 sch.4 Pt.I (d)Bodies corporate established under and subject to the laws of some part of Her Majesty's dominions, and having their principal place of business in those dominions: Proviso rep. by 1948 c.56 s.31 sch.4 Pt.I Obligation to register British ships. MERCHANT SHIPPING ACT 1894 - SECT 2 2.(1) Every British ship shall, unless exempted from registry, be registered under this Act. (2) If a ship required by this Act to be registered is not registered under this Act she shall not be recognised as a British ship. (3) A ship required by this Act to be registered may be detained until the master of the ship, if so required, produces the certificate of the registry of the ship. MERCHANT SHIPPING ACT 1894 - SECT 3 Exemptions from registry. 3. The following ships are exempted from registry under this Act: (1)Ships not exceeding fifteen tons burden employed solely in navigation on the rivers or coasts of the United Kingdom, or on the rivers or coasts of some British possession within which the managing owners of the ships are resident: (2)Ships not exceeding thirty tons burden and not having a whole or fixed deck, and employed solely in fishing or trading coastwise on the shores of Newfoundland or parts adjacent thereto or in the Gulf of Saint Lawrence, or on such portions of the coasts of Canada as lie bordering on that gulf. Registrars of British ships. MERCHANT SHIPPING ACT 1894 - SECT 4 4.(1) The following persons shall be registrars of British ships: (a)At any port in the United Kingdom, or Isle of Man, approved by the Commissioners of Customs for the registry of ships, the chief officer of customs: (b)In Guernsey and Jersey, the chief officers of customs together with the governor: (c)In Malta and Gibraltar, the governor: (d)At Calcutta, Madras, and Bombay, the port officer: (e)At any other port in any British possession approved by the governor of the possession for the registry of ships, the chief officer of customs, or, if there is no such officer there resident, the governor of the possession in which the port is situate, or any officer appointed for the purpose by the governor: (f)At a port of registry established by Order in Council under this Act, persons of the description in that behalf declared by the Order. (2) Notwithstanding anything in this section Her Majesty may by Order in Council declare, with respect to any British possession named in the Order, not being the Channel Islands or the Isle of Man, the description of persons who are to be registrars of British ships in that possession. (3) A registrar shall not be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his character of registrar, unless the same has happened through his neglect or wilful act. MERCHANT SHIPPING ACT 1894 - SECT 5 Register book. 5. Every registrar of British ships shall keep a book to be called the register book, and entries in that book shall be made in accordance with the following provisions: (i)The property in a ship shall be divided into sixty-four shares: (ii)Subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than sixty-four individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner: (iii)A person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein: (iv)Joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share therein in respect of which they are registered: (v)A corporation may be registered as owner by its corporate name. MERCHANT SHIPPING ACT 1894 - SECT 6 Survey and measurement of ship. 6. Every British ship shall before registry be surveyed by a surveyor of ships and her tonnage ascertained in accordance with the tonnage regulations of this Act, and the surveyor shall grant his certificate specifying the ship's tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Board of Trade, and such certificate shall be delivered to the registrar before registry. MERCHANT SHIPPING ACT 1894 - SECT 7 Marking of ship. 7.(1) Every British ship shall before registry be marked permanently and conspicuously to the satisfaction of the Board of Trade as follows: (a)Her name shall be marked on each of her bows, and her name and the name of her port of registry must be marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than [one decimetre], and of proportionate breadth: (b)Her official number and the number denoting her registered tonnage shall be cut in on her main beam: (c)[In the case of every such ship registered before the 1st day of January 1974] a scale of feet denoting her draught of water shall be marked on each side of her stem and of her stern post in Roman capital letters or in figures, not less than six inches in length, the lower line of such letters or figures to coincide with the draught line denoted thereby, and those letters or figures must be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Board of Trade approve: [(d)In the case of every such ship registered on or after that date, a scale of decimetres, or of metres and decimetres denoting a draught of water shall be marked on each side of her stem and of her stern post (i)in figures at two-decimetre intervals, if the scale is in decimetres; and (ii)in figures at each metre interval and at intervening two-decimetre intervals, if the scale is in metres and decimetres: (d)the capital letter "M" being placed after each metre figure; the top figure of the scale showing both the metre and (except where it marks a full metre interval) the decimetre figure; the lower line of the figures, or figures and letters (as the case may be), coinciding with the draught line denoted thereby; the figures and letters being not less than one decimetre in length and being marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Secretary of State approves: (e)In the case of every such ship registered after that date but before the 31st day of December 1974 a scale shall be marked either in accordance with paragraph (c) of this subsection, or in accordance with paragraph (d) of this subsection.] (2) The Board of Trade may exempt any class of ships from all or any of the requirements of this section, and a fishing boat entered in the fishing boat register, and lettered and numbered in pursuance of the Fourth Part of this Act, need not have her name and port of registry marked under this section. (3) If the scale ... showing the ship's draught of water is in any respect inaccurate, so as to be likely to mislead, the owner of the ship shall be liable to a fine not exceeding one hundred pounds. (4) The marks required by this section shall be permanently continued, and no alteration shall be made therein, except in the event of any of the particulars thereby denoted being altered in the manner provided by this Act. (5) If an owner or master of a British ship neglects to cause his ship to be marked as required by this section or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, that owner, master, or person shall for each offence be liable to a fine not exceeding [#200], and on a certificate from a surveyor of ships, or Board of Trade inspector under this Act, that a ship is insufficiently or inaccurately marked the ship may be detained until the insufficiency or inaccuracy has been remedied. MERCHANT SHIPPING ACT 1894 - SECT 8 Application for registry. 8. An application for registry of a ship shall be made in the case of individuals by the person requiring to be registered as owner, or by some one or more of the persons so requiring if more than one, or by his or their agent, and in the case of corporations by their agent, and the authority of the agent shall be testified by writing, if appointed by individuals, under the hands of the appointers, and, if appointed by a corporation, under the common seal of that corporation. MERCHANT SHIPPING ACT 1894 - SECT 9 Declaration of ownership on registry. 9. A person shall not be entitled to be registered as owner of a ship or of a share therein until he, or in the case of a corporation the person authorised by this Act to make declarations on behalf of the corporation, has made and signed a declaration of ownership, referring to the ship as described in the certificate of the surveyor, and containing the following particulars: (i)A statement of his qualification to own a British ship, or in the case of a corporation, of such circumstances of the constitution and business thereof as prove it to be qualified to own a British ship: (ii)A statement of the time when and the place where the ship was built, or, if the ship is foreign built, and the time and place of building unknown, a statement that she is foreign built, and that the declarant does not know the time or place of her building; and, in addition thereto, in the case of a foreign ship, a statement of her foreign name, or, in the case of a ship condemned, a statement of the time, place, and court at and by which she was condemned: (iii)A statement of the name of the master: (iv)A statement of the number of shares in the ship of which he or the corporation, as the case may be, is entitled to be registered as owner: (v)A declaration that, to the best of his knowledge and belief, no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship or any share therein. MERCHANT SHIPPING ACT 1894 - SECT 10 Evidence on first registry. 10.(1) On the first registry of a ship the following evidence shall be produced in addition to the declaration of ownership: (a)In the case of a British-built ship, a builder's certificate, that is to say, a certificate signed by the builder of the ship, and containing a true account of the proper denomination and of the tonnage of the ship, as estimated by him, and of the time when and the place where she was built, and of the name of the person (if any) on whose account the ship was built, and if there has been any sale, the bill of sale under which the ship, or a share therein, has become vested in the applicant for registry: (b)In the case of a foreign-built ship, the same evidence as in the case of a British-built ship, unless the declarant who makes the declaration of ownership declares that the time and place of her building are unknown to him, or that the builder's certificate cannot be procured, in which case there shall be required only the bill of sale under which the ship, or a share therein, became vested in the applicant for registry: (c)In the case of a ship condemned by any competent court, an official copy of the condemnation. (2) The builder shall grant the certificate required by this section, and such person as the Commissioners of Customs recognise as carrying on the business of the builder of a ship, shall be included, for the purposes of this section, in the expression "builder of the ship". (3) If the person granting a builder's certificate under this section wilfully makes a false statement in that certificate he shall for each offence be liable to a fine not exceeding [#500]. MERCHANT SHIPPING ACT 1894 - SECT 11 Entry of particulars in register book. 11. As soon as the requirements of this Act preliminary to registry have been complied with the registrar shall enter in the register book the following particulars respecting the ship: (a)The name of the ship and the name of the port to which she belongs: (b)The details comprised in the surveyor's certificate: (c)The particulars respecting her origin stated in the declaration of ownership: and (d)The name and description of her registered owner or owners, and if there are more owners than one, the proportions in which they are interested in her. MERCHANT SHIPPING ACT 1894 - SECT 12 Documents to be retained by registrar. 12. On the registry of a ship the registrar shall retain in his possession the following documents; namely, the surveyor's certificate, the builder's certificate, any bill of sale of the ship previously made, the copy of the condemnation (if any), and all declarations of ownership. MERCHANT SHIPPING ACT 1894 - SECT 13 Port of registry. 13. The port at which a British ship is registered for the time being shall be deemed her port of registry and the port to which she belongs. Certificate of Registry. MERCHANT SHIPPING ACT 1894 - SECT 14 14. On completion of the registry of a ship, the registrar shall grant a certificate of registry comprising the particulars respecting her entered in the register book, with the name of her master. MERCHANT SHIPPING ACT 1894 - SECT 15 Custody of certificate. 15.(1) The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge, or interest whatever had or claimed by any owner, mortgagee, or other person to, on, or in the ship. (2) If any person, whether interested in the ship or not, refuses on request to deliver up the certificate of registry when in his possession or under his control to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any registrar, officer of customs, or other person entitled by law to require such delivery, any justice by warrant under his hand and seal, or any court capable of taking cognisance of the matter, may summon the person so refusing to appear before such justice or court, and to be examined touching such refusal, and unless it is proved to the satisfaction of such justice or court that there was reasonable cause for such refusal, the offender shall be liable to a fine not exceeding [#200], but if it is shown to such justice or court that the certificate is lost, the person summoned shall be discharged, and the justice or court shall certify that the certificate of registry is lost. (3) If the person so refusing is proved to have absconded so that the warrant of a justice or process of a court cannot be served on him, or if he persists in not delivering up the certificate, the justice or court shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit. MERCHANT SHIPPING ACT 1894 - SECT 16 Penalty for use of improper certificate. 16. If the master or owner of a ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall, in respect of each offence, be guilty of a misdemeanour, and the ship shall be subject to forfeiture under this Act. MERCHANT SHIPPING ACT 1894 - SECT 17 Power to grant new certificate. 17. The registrar of the port of registry of a ship may, with the approval of the Commissioners of Customs, and on the delivery up to him of the certificate of registry of a ship, grant a new certificate in lieu thereof. MERCHANT SHIPPING ACT 1894 - SECT 18 Provision for loss of certificate. 18.(1) In the event of the certificate of registry of a ship being mislaid, lost, or destroyed, the registrar of her port of registry shall grant a new certificate of registry in lieu of her original certificate. (2) If the port (having a British registrar or consular officer) at which the ship is at the time of the event, or first arrives after the event (a)is not in the United Kingdom, where the ship is registered in the United Kingdom; or, (b)is not in the British possession in which the ship is registered; or, (c)where the ship is registered at a port of registry established by Order in Council under this Act, is not that port; (3) The provisional certificate shall within ten days after the first subsequent arrival of the ship at her port of discharge in the United Kingdom, where she is registered in the United Kingdom, or in the British possession in which she is registered, or where she is registered at a port of registry established by Order in Council under this Act at that port, be delivered up to the registrar of her port of registry, and the registrar shall thereupon grant the new certificate of registry; and if the master without reasonable cause fails to deliver up the provisional certificate within the ten days aforesaid, he shall be liable to a fine not exceeding [#200]. MERCHANT SHIPPING ACT 1894 - SECT 19 Endorsement of change of master on certificate. 19. Where the master of a registered British ship is changed, [each of the following persons; (that is to say), (a)if the change is made in consequence of the sentence of a naval court, the presiding officer of that court; and (b)if the change is made in consequence of the removal of the master by a court under Part VI of this Act, the proper officer of that court; and (c)if the change occurs from any other cause], the registrar, or if there is none the British consular officer, at the port where the change occurs, Endorsement of change of ownership on certificate. MERCHANT SHIPPING ACT 1894 - SECT 20 20.(1) Whenever a change occurs in the registered ownership of a ship, the change of ownership shall be endorsed on her certificate of registry either by the registrar of the ship's port of registry, or by the registrar of any port at which the ship arrives who has been advised of the change by the registrar of the ship's port of registry. (2) The master shall, for the purpose of such endorsement by the registrar of the ship's port of registry, deliver the certificate of registry to the registrar, forthwith after the change if the change occurs when the ship is at her port of registry, and if it occurs during her absence from that port and the endorsement under this section is not made before her return then upon her first return to that port. (3) The registrar of any port, not being the ship's port of registry, who is required to make an endorsement under this section may for that purpose require the master of the ship to deliver to him the ship's certificate of registry, so that the ship be not thereby detained, and the master shall deliver the same accordingly. (4) If the master fails to deliver to the registrar the certificate of registry as required by this section he shall, for each offence, be liable to a fine not exceeding [#200]. MERCHANT SHIPPING ACT 1894 - SECT 21 Delivery up of certificate of ship lost or ceasing to be British owned. 21.(1) In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt, or broken up, or ceasing by reason of a transfer to persons not qualified to be owners of British ships, or otherwise, to be a British ship, every owner of the ship or any share in the ship shall, immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry, and that registrar shall make an entry thereof in the register book [ and the registry of the ship in that book shall be considered as closed except so far as relates to any unsatisfied mortgages or existing certificates of mortgages entered therein]. (2) In any such case, except where the ship's certificate of registry is lost or destroyed, the master of the ship shall, if the event occurs in port immediately, but if it occurs elsewhere then within ten days after his arrival in port, deliver the certificate to the registrar, or, if there is none, to the British consular officer there, and the registrar, if he is not himself the registrar of her port of registry, or the British consular officer, shall forthwith forward the certificate delivered to him to the registrar of her port of registry. (3) If any such owner or master fails, without reasonable cause, to comply with this section, he shall for each offence be liable to a fine not exceeding [#200]. MERCHANT SHIPPING ACT 1894 - SECT 22 Provisional certificate for ships becoming British owned abroad. 22.(1) If at a port not within Her Majesty's dominions and not being a port of registry established by Order in Council under this Act, a ship becomes the property of persons qualified to own a British ship, the British consular officer there may grant to her master, on his application, a provisional certificate, stating (a)the name of the ship; (b)the time and place of her purchase, and the names of her purchasers; (c)the name of her master; and (d)the best particulars respecting her tonnage, build, and description which he is able to obtain; (2) Such a provisional certificate shall have the effect of a certificate of registry until the expiration of six months from its date, or until the ship's arrival at a port where there is a registrar (whichever first happens), and on either of those events happening shall cease to have effect. MERCHANT SHIPPING ACT 1894 - SECT 23 Temporary passes in lieu of certificates of registry. 23. Where it appears to the Commissioners of Customs, or to the governor of a British possession, that by reason of special circumstances it would be desirable that permission should be granted to any British ship to pass, without being previously registered, from any port in Her Majesty's dominions to any other port within Her Majesty's dominions, the Commissioners or the governor may grant a pass accordingly, and that pass shall, for the time and within the limits therein mentioned, have the same effect as a certificate of registry. Transfer of ships or shares. MERCHANT SHIPPING ACT 1894 - SECT 24 24.(1) A registered ship or share therein (when disposed of to a person qualified to own a British ship) shall be transferred by a bill of sale. (2) The bill of sale shall contain such description of the ship as is contained in the surveyor's certificate, or some other description sufficient to identify the ship to the satisfaction of the registrar, ..., and shall be executed by the transferor in the presence of, and be attested by, a witness or witnesses. MERCHANT SHIPPING ACT 1894 - SECT 25 Declaration of transfer. 25. Where a registered ship or a share therein is transferred, the transferee shall not be entitled to be registered as owner thereof until he, or, in the case of a corporation, the person authorised by this Act to make declarations on behalf of the corporation, has made and signed a declaration (in this Act called a declaration of transfer) referring to the ship, and containing (a)a statement of the qualification of the transferee to own a British ship, or if the transferee is a corporation, of such circumstances of the constitution and business thereof as prove it to be qualified to own a British ship; and (b)a declaration that, to the best of his knowledge and belief, no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship or any share therein. MERCHANT SHIPPING ACT 1894 - SECT 26 Registry of transfer. 26.(1) Every bill of sale for the transfer of a registered ship or of a share therein, when duly executed, shall be produced to the registrar of her port of registry, with the declaration of transfer, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the ship or share, and shall endorse on the bill of sale the fact of that entry having been made, with the day and hour thereof. (2) Bills of sale of a ship or of a share therein shall be entered in the register book in the order of their production to the registrar. MERCHANT SHIPPING ACT 1894 - SECT 27 Transmission of property in ship on death, bankruptcy, marriage, &c. 27.(1) Where the property in a registered ship or share therein is transmitted to a person qualified to own a British ship on the marriage, death, or bankruptcy of any registered owner, or by any lawful means other than by a transfer under this Act (a)That person shall authenticate the transmission by making and signing a declaration (in this Act called a declaration of transmission) identifying the ship and containing the several statements hereinbefore required to be contained in a declaration of transfer, or as near thereto as circumstances admit, and also a statement of the manner in which and the person to whom the property has been transmitted. (b)If the transmission takes place by virtue of marriage, the declaration shall be accompanied by a copy of the register of the marriage or other legal evidence of the celebration thereof, and shall declare the identity of the female owner. (c)If the transmission is consequent on bankruptcy, the declaration of transmission shall be accompanied by such evidence as is for the time being receivable in courts of justice as proof of the title of persons claiming under a bankruptcy. (d)If the transmission is consequent on death, the declaration of transmission shall be accompanied by the instrument of representation, or an official extract therefrom. (2) The registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and, where there is more than one such person, shall enter the names of all such persons, but those persons, however numerous, shall, for the purpose of the provision of this Act with respect to the number of persons entitled to be registered as owners, be considered as one person. MERCHANT SHIPPING ACT 1894 - SECT 28 Order for sale on transmission to unqualified person. 28.(1) Where the property in a registered ship or share therein is transmitted on marriage, death, bankruptcy, or otherwise to a person not qualified to own a British ship, then if the ship is registered in England or Ireland, the High Court; or if the ship is registered in Scotland, the Court of Session; or if the ship is registered in any British possession, the court having the principal civil jurisdiction in that possession; or if the ship is registered in a port of registry established by Order in Council under this Act, the British court having the principal civil jurisdiction there; (2) The court may require any evidence in support of the application they think requisite, and may make the order on any terms and conditions they think just, or may refuse to make the order, and generally may act in the case as the justice of the case requires. (3) Every such application for sale must be made within four weeks after the occurrence of the event on which the transmission has taken place, or within such further time (not exceeding in the whole one year from the date of the occurrence) as the court allow. (4) If such an application is not made within the time aforesaid, or if the court refuse an order for sale, the ship or share transmitted shall thereupon be subject to forfeiture under this Act. MERCHANT SHIPPING ACT 1894 - SECT 29 Transfer of ship or sale by order of court. 29. Where any court, whether under the preceding sections of this Act or otherwise, order the sale of any ship or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the manner and to the same extent as if he were the registered owner thereof; and every registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered owner. MERCHANT SHIPPING ACT 1894 - SECT 30 Power of court to prohibit transfer. 30. Each of the following courts; namely (a)in England or Ireland the High Court, (b)in Scotland the Court of Session, (c)in any British possession the court having the principal civil jurisdiction in that possession; and (d)in the case of a port of registry established by Order in Council under this Act, the British court having the principal civil jurisdiction there, Mortgage of ship or share. MERCHANT SHIPPING ACT 1894 - SECT 31 31.(1) A registered ship or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security (in this Act called a mortgage) shall be in the form marked B in the first part of the First Schedule to this Act, or as near thereto as circumstances permit, and on the production of such instrument the registrar of the ship's port of registry shall record it in the register book. (2) Mortgages shall be recorded by the registrar in the order in time in which they are produced to him for that purpose, and the registrar shall by memorandum under his hand notify on each mortgage that it has been recorded by him, stating the day and hour of that record. MERCHANT SHIPPING ACT 1894 - SECT 32 Entry of discharge of mortgage. 32. Where a registered mortgage is discharged, the registrar shall, on the production of the mortgage deed, with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate (if any) which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any,) it would have vested if the mortgage had not been made. MERCHANT SHIPPING ACT 1894 - SECT 33 Priority of mortgages. 33. If there are more mortgages than one registered in respect of the same ship or share, the mortgagees shall, notwithstanding any express, implied, or constructive notice, be entitled in priority, one over the other, according to the date at which each mortgage is recorded in the register book, and not according to the date of each mortgage itself. MERCHANT SHIPPING ACT 1894 - SECT 34 Mortgagee not treated as owner. 34. Except as far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be deemed the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be owner thereof. MERCHANT SHIPPING ACT 1894 - SECT 35 Mortgagee to have power of sale. 35. Every registered mortgagee shall have power absolutely to dispose of the ship or share in respect of which he is registered, and to give effectual receipts for the purchase money; but where there are more persons than one registered as mortgagees of the same ship or share, a subsequent mortgagee shall not, except under the order of a court of competent jurisdiction, sell the ship or share, without the concurrence of every prior mortgagee. MERCHANT SHIPPING ACT 1894 - SECT 36 Mortgage not affected by bankruptcy. 36. A registered mortgage of a ship or share shall not be affected by any act of bankruptcy committed by the mortgagor after the date of the record of the mortgage, notwithstanding that the mortgagor at the commencement of his bankruptcy had the ship or share in his possession, order, or disposition, or was reputed owner thereof, and the mortgage shall be preferred to any right, claim, or interest therein of the other creditors of the bankrupt or any trustee or assignee on their behalf. MERCHANT SHIPPING ACT 1894 - SECT 37 Transfer of mortgages. 37. A registered mortgage of a ship or share may be transferred to any person, and the instrument effecting the transfer shall be in the form marked C in the first part of the First Schedule to this Act, or as near thereto as circumstances permit, and on the production of such instrument the registrar shall record it by entering in the register book the name of the transferee as mortgagee of the ship or share, and shall by memorandum under his hand notify on the instrument of transfer that it has been recorded by him, stating the day and hour of the record. MERCHANT SHIPPING ACT 1894 - SECT 38 Transmission of interest in mortgage by death, bankruptcy, marriage, &c. 38.(1) Where the interest of a mortgagee in a ship or share is transmitted on marriage, death, or bankruptcy, or by any lawful means, other than by a transfer under this Act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted, containing a statement of the manner in which and the person to whom the property has been transmitted, and shall be accompanied by the like evidence as is by this Act required in case of a corresponding transmission of the ownership of a ship or share. (2) The registrar on the receipt of the declaration, and the production of the evidence aforesaid, shall enter the name of the person entitled under the transmission in the register book as mortgagee of the ship or share. Powers of mortgage and sale may be conferred by certificate. MERCHANT SHIPPING ACT 1894 - SECT 39 39. A registered owner, if desirous of disposing by way of mortgage or sale of the ship or share in respect of which he is registered at any place out of the country in which the port of registry of the ship is situate, may apply to the registrar, and the registrar shall thereupon enable him to do so by granting a certificate of mortgage or a certificate of sale. MERCHANT SHIPPING ACT 1894 - SECT 40 Requisites for certificates of mortgage and sale. 40. Before a certificate of mortgage or sale is granted, the applicant shall state to the registrar, and the registrar shall enter in the register book, the following particulars; (that is to say) (i)the name of the person by whom the power mentioned in the certificate is to be exercised, and in the case of a mortgage the maximum amount of charge to be created, if it is intended to fix any such maximum, and in the case of a sale the minimum price at which a sale is to be made, if it is intended to fix any such minimum: (ii)the place where the power is to be exercised, or if no place is specified, a declaration that it may be exercised anywhere, subject to the provisions of this Act: (iii)the limit of time within which the power may be exercised. MERCHANT SHIPPING ACT 1894 - SECT 41 Restrictions on certificates of mortgage and sale. 41. A certificate of mortgage or sale shall not be granted so as to authorise any mortgage or sale to be made If the port of registry of the ship is situate in the United Kingdom, at any place within the United Kingdom; or If the port of registry is situate within a British possession, at any place within the same British possession; or If the port of registry is established by Order in Council under this Act, at that port, or within such adjoining area as is specified in the order; or By any person not named in the certificate. MERCHANT SHIPPING ACT 1894 - SECT 42 Contents of certificates of mortgage and sale. 42. A certificate of mortgage and a certificate of sale shall contain a statement of the several particulars by this Act directed to be entered in the register book on the application for the certificate, and in addition thereto an enumeration of any registered mortgages or certificates of mortgage or sale affecting the ship or share in respect of which the certificate is given. MERCHANT SHIPPING ACT 1894 - SECT 43 Rules as to certificates of mortgage. 43. The following rules shall be observed as to certificates of mortgage: (1)The power shall be exercised in conformity with the directions contained in the certificate: (2)Every mortgage made thereunder shall be registered by the endorsement of a record thereof on the certificate by a registrar or British consular officer: (3)A mortgage made in good faith thereunder shall not be impeached by reason of the person by whom the power was given dying before the making of the mortgage: (4)Whenever the certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power is to be exercised, a mortgage made in good faith to a mortgagee without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given: (5)Every mortgage which is so registered as aforesaid on the certificate shall have priority over all mortgages of the same ship or share created subsequently to the date of the entry of the certificate in the register book; and, if there are more mortgages than one so registered, the respective mortgagees claiming thereunder shall, notwithstanding any express, implied, or constructive notice, be entitled one before the other according to the date at which each mortgage is registered on the certificate, and not according to the date of the mortgage: (6)Subject to the foregoing rules, every mortgagee whose mortgage is registered on the certificate shall have the same rights and powers and be subject to the same liabilities as he would have had and been subject to if his mortagage had been registered in the register book instead of on the certificate: (7)The discharge of any mortgage so registered on the certificate may be endorsed on the certificate by any registrar or British consular officer, on the production of such evidence as is by this Act required to be produced to the registrar on the entry of the discharge of a mortgage in the register book; and on that endorsement being made, the interest, if any, which passed to the mortgagee shall vest in the same person or persons in whom it would (having regard to intervening acts and circumstances, if any,) have vested, if the mortgage had not been made: (8)On the delivery of any certificate of mortgage to the registrar by whom it was granted he shall, after recording in the register book, in such manner as to preserve its priority, any unsatisfied mortgage registered thereon, cancel the certificate, and enter the fact of the cancellation in the register book; and every certificate so cancelled shall be void to all intents. MERCHANT SHIPPING ACT 1894 - SECT 44 Rules as to certificates of sale. 44. The following rules shall be observed as to certificates of sale: (1)A certificate of sale shall not be granted except for the sale of an entire ship: (2)The power shall be exercised in conformity with the directions contained in the certificate: (3)A sale made in good faith thereunder to a purchaser for valuable consideration shall not be impeached by reason of the person by whom the power was given dying before the making of such sale: (4)Whenever the certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power is to be exercised, a sale made in good faith to a purchaser for valuable consideration without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given: (5)A transfer made to a person qualified to be the owner of a British ship shall be by a bill of sale in accordance with this Act: (6)If the ship is sold to a person qualified to be the owner of a British ship the ship shall be registered anew; but notice of all mortgages enumerated on the certificate of sale shall be entered in the register book: (7)Before registry anew there shall be produced to the registrar required to make the same the bill of sale by which the ship is transferred, the certificate of sale, and the certificate of registry of such ship: (8)The last-mentioned registrar shall retain the certificates of sale and registry, and after having endorsed on both of those instruments an entry of the fact of a sale having taken place, shall forward them to the registrar of the port appearing thereon to be the former port of registry of the ship, and the last-mentioned registrar shall thereupon make a memorandum of the sale in his register book, and the registry of the ship in that book shall be considered as closed, except as far as relates to any unsatisfied mortgages or existing certificates of mortgage entered therein: (9)On such registry anew the description of the ship contained in her original certificate of registry may be transferred to the new register book, without her being resurveyed, and the declaration to be made by the purchaser shall be the same as would be required to be made by an ordinary transferee: (10)If the ship is sold to a person not qualified to be the owner of a British ship, the bill of sale by which the ship is transferred, the certificate of sale, and the certificate of registry shall be produced to a registrar or British consular officer, and that registrar or officer shall retain the certificates of sale and registry, and, having endorsed thereon the fact of that ship having been sold to a person not qualified to be the owner of a British ship, shall forward the certificates to the registrar of the port appearing on the certificate of registry to be the port of registry of that ship; and that registrar shall thereupon make a memorandum of the sale in his register book, and the registry of the ship in that book shall be considered as closed, except so far as relates to any unsatisfied mortgages or existing certificates of mortgage entered therein: (11)If, on a sale being made to a person not qualified to be the owner of a British ship, default is made in the production of such certificates as are mentioned in the last rule, that person shall be considered by British law as having acquired no title to or interest in the ship; and further, the person upon whose application the certificate of sale was granted, and the person exercising the power, shall each be liable to a fine not exceeding [#200]: (12)If no sale is made in conformity with the certificate of sale, that certificate shall be delivered to the registrar by whom the same was granted; and he shall thereupon cancel it and enter the fact of the cancellation in the register book; and every certificate so cancelled shall be void for all intents and purposes. MERCHANT SHIPPING ACT 1894 - SECT 45 Power of Commissioners of Customs in case of loss of certificate of mortgage or sale. 45. On proof at any time to the satisfaction of the Commissioners of Customs that a certificate of mortgage or sale is lost or destroyed, or so obliterated as to be useless, and that the powers thereby given have never been exercised, or if they have been exercised, then on proof of the several matters and things that have been done thereunder, the registrar may, with the sanction of the Commissioners, as circumstances require, either issue a new certificate, or direct such entries to be made in the register books, or such other things to be done, as might have been made or done if the loss, destruction, or obliteration had not taken place. MERCHANT SHIPPING ACT 1894 - SECT 46 Revocation of certificates of mortgage and sale. 46.(1) The registered owner of any ship or share therein in respect of which a certificate of mortgage or sale has been granted, specifying the places where the power thereby given is to be exercised, may, by an instrument under his hand, authorise the registrar by whom the certificate was granted to give notice to the registrar or British consular officer at every such place that the certificate is revoked. (2) Notice shall thereupon be given accordingly and shall be recorded by the registrar or British consular officer receiving it, and after it is recorded the certificate shall be deemed to be revoked and of no effect so far as respects any mortgage or sale to be thereafter made at that place. (3) The notice after it has been recorded shall be exhibited to every person applying for the purpose of effecting or obtaining a mortgage or transfer under the certificate. (4) A registrar or British consular officer on recording any such notice shall state to the registrar by whom the certificate was granted whether any previous exercise of the power to which such certificate refers has taken place. Rules as to name of ship. MERCHANT SHIPPING ACT 1894 - SECT 47 47.(1) A ship shall not be described by any name other than that by which she is for the time being registered. (2) A change shall not be made in the name of a ship without the previous written permission of the Board of Trade. (3) Application for that permission shall be in writing, and if the Board are of opinion that the application is reasonable they may entertain it, and thereupon require notice thereof to be published in such form and manner as they think fit. (4) On permission being granted to change the name, 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. (5) If it is shown to the satisfaction of the Board of Trade that the name of any ship has been changed without their permission they shall direct that her name be altered into that which she bore before the 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. (6) Where a ship having once been registered has ceased to be so registered no person unless ignorant of the previous registry (proof whereof shall lie on him) shall apply to register, and no registrar shall knowingly register, the ship, except by the name by which she was previously registered, unless with the previous written permission of the Board of Trade. (7) Where a foreign ship, not having at any previous time been registered as a British ship, becomes a British ship, no person shall apply to register, and no registrar shall knowingly register, the ship, except by the name which she bore as a foreign ship immediately before becoming a British ship, unless with the previous written permission of the Board of Trade. (8) If any person acts, or suffers any person under his control to act, in contravention of this section, or omits to do, or suffers any person under his control to omit to do, anything required by this section, he shall for each offence be liable to a fine not exceeding [#200], and (except in the case of an application being made under the section with respect to a foreign ship which not having at any previous time been registered as a British ship has become a British ship) the ship may be detained until this section is complied with. Registry of alterations. MERCHANT SHIPPING ACT 1894 - SECT 48 48.(1) When a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or, if it is made elsewhere, the registrar of the first port having a registrar at which the ship arrives after the alteration, shall, on application being made to him, and on receipt of a certificate from the proper surveyor stating the particulars of the alteration, either cause the alteration to be registered, or direct that the ship be registered anew. [(2) If default is made in registering anew a ship, or in registering an alteration of a ship so altered as aforesaid, the owner of the ship shall be liable on summary conviction to a fine not exceeding [two hundred pounds], and, in addition, to a fine not exceeding [twenty pounds] for every day during which the offence continues after conviction.] MERCHANT SHIPPING ACT 1894 - SECT 49 Regulations for registry of alteration. 49.(1) For the purpose of the registry of an alteration in a ship, the ship's certificate of registry shall be produced to the registrar, and the registrar shall, in his discretion, either retain the certificate of registry and grant a new certificate of registry containing a description of the ship as altered, or endorse and sign on the existing certificate a memorandum of the alteration. (2) The particulars of the alteration so made, and the fact of the new certificate having been granted, or endorsement having been made, shall be entered by the registrar of the ship's port of registry in his register book; and for that purpose the registrar to whom the application for the registry of the alteration has been made (if he is not the registrar of the ship's port of registry), shall forthwith report to the last-mentioned registrar the particulars and facts as aforesaid, accompanied, where a new certificate of registry has been granted, by the old certificate of registry. MERCHANT SHIPPING ACT 1894 - SECT 50 Provisional certificate and endorsement where ship is to be registered anew. 50.(1) Where any registrar, not being the registrar of the ship's port of registry, on an application as to an alteration in a ship directs the ship to be registered anew, he shall either grant a provisional certificate, describing the ship as altered, or provisionally endorse the particulars of the alteration on the existing certificate. (2) Every such provisional certificate, or certificate provisionally endorsed, shall, within ten days after the first subsequent arrival of the ship at her port of discharge in the United Kingdom, if she is registered in the United Kingdom, or, if she is registered in a British possession, at her port of discharge in that British possession, or, if she is registered at a port of registry established by Order in Council under this Act, at that port, be delivered up to the registrar thereof, and that registrar shall cause the ship to be registered anew. (3) The registrar granting a provisional certificate under this section, or provisionally endorsing a certificate, shall add to the certificate or endorsement a statement that the same is made provisionally, and shall send a report of the particulars of the case to the registrar of the ship's port of registry, containing a similar statement as the certificate or endorsement. MERCHANT SHIPPING ACT 1894 - SECT 51 Registry anew on change of ownership. 51. Where the ownership of any ship is changed, the registrar of the port at which the ship is registered may, on the application of the owners of the ship, register the ship anew, although registration anew is not required under this Act. MERCHANT SHIPPING ACT 1894 - SECT 52 Procedure for registry anew. 52.(1) Where a ship is to be registered anew, the registrar shall proceed as in the case of first registry, and on the delivery up to him of the existing certificate of registry, and on the other requisites to registry, or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof. (2) When a ship is registered anew, her former register shall be considered as closed, except so far as relates to any unsatisfied mortgage or existing certificates of sale or mortgage entered thereon, but the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall be entered on the new register, and the registry anew shall not in any way affect the rights of any of those persons. MERCHANT SHIPPING ACT 1894 - SECT 53 Transfer of registry. 53.(1) The registry of any ship may be transferred from one port to another on the application to the registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing on the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them, and those rights shall in all respects continue in the same manner as if no such transfer had been effected. (2) On any such application the registrar shall transmit notice thereof to the registrar of the intended port of registry with a copy of all particulars relating to the ship, and the names of all persons appearing on the register to be interested therein as owners or mortgagees. (3) The ship's certificate of registry shall be delivered up to the registrar either of the existing or intended port of registry, and, if delivered up to the former, shall be transmitted to the registrar of the intended port of registry. (4) On the receipt of the above documents the registrar of the intended port of registry shall enter in his register book all the particulars and names so transmitted as aforesaid, and grant a fresh certificate of registry, and thenceforth such ship shall be considered as registered at the new port of registry, and the name of the ship's new port of registry shall be substituted for the name of her former port of registry on the ship's stern. MERCHANT SHIPPING ACT 1894 - SECT 54 Restrictions on re-registration of abandoned ships. 54. Where a ship has ceased to be registered as a British ship by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy or transfer to a person not qualified to own a British ship, the ship shall not be re-registered until she has, at the expense of the applicant for registration, been surveyed by a surveyor of ships and certified by him to be seaworthy. Provision for cases of infancy or other incapacity. MERCHANT SHIPPING ACT 1894 - SECT 55 55.(1) Where by reason of infancy, lunacy, or any other cause any person interested in any ship, or any share therein, is incapable of making any declaration or doing anything required or permitted by this Act to be made or done in connexion with the registry of the ship or share, the guardian or committee, if any, of that person, or, if there is none, any person appointed on application made on behalf of the incapable person, or of any other person interested, by any court or judge having jurisdiction in respect of the property of incapable persons, may make such declaration, or a declaration as nearly corresponding thereto as circumstances permit, and do such act or thing in the name and on behalf of the incapable person; and all acts done by the substitute shall be as effectual as if done by the person for whom he is substituted. (2) The Trustee Act, 1850, and the Acts amending the same, shall, so far as regards the court exercising jurisdiction in lunacy in Ireland, apply to shares in ships registered under this Act as if they were stock as defined by that Act. Notices of trusts not received. MERCHANT SHIPPING ACT 1894 - SECT 56 56. No notice of any trust, express, implied, or constructive, shall be entered in the register book or be receivable by the registrar, and, subject to any rights and powers appearing by the register book to be vested in any other person, the registered owner of a ship or of a share therein shall have power absolutely to dispose in manner in this Act provided of the ship or share, and to give effectual receipts for any money paid or advanced by way of consideration. MERCHANT SHIPPING ACT 1894 - SECT 57 Equities not excluded by Act. 57. The expression "beneficial interest," where used in this Part of this Act, includes interests arising under contract and other equitable interests; and the intention of this Act is, that without prejudice to the provisions of this Act for preventing notice of trusts from being entered in the register book or received by the registrar, and without prejudice to the powers of disposition and of giving receipts conferred by this Act on registered owners and mortgagees, and without prejudice to the provisions of this Act relating to the exclusion of unqualified persons from the ownership of British ships, interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of ships in respect of their interest therein in the same manner as in respect of any other personal property. Liability of owners. MERCHANT SHIPPING ACT 1894 - SECT 58 58. Where any person is beneficially interested, otherwise than by way of mortgage, in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all pecuniary penalties imposed by this or any other Act on the owners of ships or shares therein, so nevertheless that proceedings may be taken for the enforcement of any such penalties against both or either of the aforesaid parties, with or without joining the other of them. Ship's managing owner or manager to be registered. MERCHANT SHIPPING ACT 1894 - SECT 59 59.(1) The name and address of the managing owner for the time being of every ship registered at a port in the United Kingdom shall be registered at the custom house of that port. (2) Where there is not a managing owner there shall be so registered the name of the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner; and any person whose name is so registered shall, for the purposes of this Act, be under the same obligations, and subject to the same liabilities, as if he were the managing owner. (3) If default is made in complying with this section the owner shall be liable, or if there are more owners than one each owner shall be liable in proportion to his interest in the ship, to a fine not exceeding in the whole [#200] each time the ship leaves any port in the United Kingdom. Power of registrar to dispense with declarations and other evidence. MERCHANT SHIPPING ACT 1894 - SECT 60 60. When, under this Part of this Act, any person is required to make a declaration on behalf of himself or of any corporation, or any evidence is required to be produced to the registrar, and it is shown to the satisfaction of the registrar that from any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the registrar may, with the approval of the Commissioners of Customs, and on the production of such other evidence, and subject to such terms as they may think fit, dispense with the declaration or evidence. MERCHANT SHIPPING ACT 1894 - SECT 61 Mode of making declarations. 61.(1) Declarations required by this Part of this Act shall be made before a registrar of British ships, or a justice of the peace, or a commissioner for oaths, or a British consular officer. (2) Declarations required by this Part of this Act may be made on behalf of a corporation by the secretary or any other officer of the corporation authorised by them for the purpose. MERCHANT SHIPPING ACT 1894 - SECT 62 Application of fees. 62. All fees authorised to be taken under this Part of this Act, shall, except where otherwise in this Act provided, if taken in any part of the United Kingdom, be applied in payment of the general expenses of carrying into effect this Part of this Act, or otherwise as the Treasury may direct; ... Returns to be made by registrars. MERCHANT SHIPPING ACT 1894 - SECT 63 63.(1) Every registrar in the United Kingdom shall at the expiration of every month, ..., transmit to him a full return, in such form as the said Registrar-General may direct, of all registries, transfers, transmissions, mortgages, and other dealings with ships which have been registered by or communicated to him in his character of registrar, and of the names of the persons concerned in the same, and of such other particulars as may be directed by the said Registrar-General. (2) Every registrar at a port in the United Kingdom shall on or before the first day of February and the first day of August in every year transmit to the Registrar-General of Shipping and Seamen a list of all ships registered at that port, and also of all ships whose registers have been transferred or cancelled at that port since the last preceding return. MERCHANT SHIPPING ACT 1894 - SECT 64 Evidence of register book, certificate of registry and other documents. 64.(1) A person, on payment of a fee ... to be fixed by the Commissioners of Customs may, on application to the registrar at a reasonable time during the hours of his official attendance, inspect any register book. (2) The following documents shall be admissible in evidence in manner provided by this Act; namely, (a)Any register book under this Part of this Act on its production from the custody of the registrar or other person having the lawful custody thereof; (b)A certificate of registry under this Act purporting to be signed by the registrar or other proper officer; (c)An endorsement on a certificate of registry purporting to be signed by the registrar or other proper officer; (d)Every declaration made in pursuance of this Part of this Act in respect of a British ship. (3) A copy or transcript of the register of British ships kept by the Registrar-General of Shipping and Seamen under the direction of the Board of Trade shall be admissible in evidence in manner provided by this Act, and have the same effect to all intents as the original register of which it is a copy or transcript. MERCHANT SHIPPING ACT 1894 - SECT 65 Forms of documents and instructions as to registry. 65.(1) The several instruments and documents specified in the second part of the First Schedule to this Act shall be in the form prescribed by the Commissioners of Customs, with the consent of the Board of Trade, or as near thereto as circumstances permit; and the Commissioners of Customs may, with the consent of the Board of Trade, make such alterations in the forms so prescribed, and also in the forms set out in the first part of the said schedule, as they may deem requisite. (2) A registrar shall not be required without the special direction of the Commissioners of Customs to receive and enter in the register book any bill of sale, mortgage, or other instrument for the disposal or transfer of any ship or share, or any interest therein, which is made in any form other than that for the time being required under this Part of this Act, or which contains any particulars other than those contained in such form; but the said Commissioners shall, before altering the forms, give such public notice thereof as may be necessary in order to prevent inconvenience. (3) The Commissioners of Customs shall cause the said forms to be supplied to all registrars under this Act for distribution to persons requiring to use the same, either free of charge, or at such moderate prices as they may direct. (4) The Commissioners of Customs, with the consent of the Board of Trade, may also, for carrying into effect this Part of this Act, give such instructions to their officers as to the manner of making entries in the register book, as to the execution and attestation of powers of attorney, as to any evidence required for identifying any person, as to the referring to themselves of any question involving doubt or difficulty, and generally as to any act or thing to be done in pursuance of this Part of this Act, as they think fit. Forgery of documents. MERCHANT SHIPPING ACT 1894 - SECT 66 66. If any person forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any of the following documents, namely, any register book, builder's certificate, surveyor's certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale under this Part of this Act, or any entry or endorsement required by this Part of this Act to be made in or on any of those documents, that person shall in respect of each offence be guilty of felony [and liable on conviction on indictment to imprisonment for not more than seven years]. MERCHANT SHIPPING ACT 1894 - SECT 67 False declarations. 67.(1) If any person in the case of any declaration made in the presence of or produced to a registrar under this Part of this Act, or in any document or other evidence produced to such registrar (i)wilfully makes, or assists in making, or procures to be made any false statement concerning the title to or ownership of, or the interest existing in any ship, or any share in a ship; or (ii)utters, produces, or makes use of any declaration, or document containing any such false statement knowing the same to be false, (2) If any person wilfully makes a false declaration touching the qualification of himself or of any other person or of any corporation to own a British ship or any share therein, he shall for each offence be guilty of a misdemeanour, and that ship or share shall be subject to forfeiture under this Act, to the extent of the interest therein of the declarant, and also, unless it is proved that the declaration was made without authority, of any person or corporation on behalf of whom the declaration is made. National character of ship to be declared before clearance. MERCHANT SHIPPING ACT 1894 - SECT 68 68.(1) An officer of customs shall not grant a clearance or transire for any ship until the master of such ship has declared to that officer the name of the nation to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance or transire. (2) If a ship attempts to proceed to sea without such clearance or transire, she may be detained until the declaration is made. MERCHANT SHIPPING ACT 1894 - SECT 69 Penalty for unduly assuming British character. 69.(1) If a person use the British flag and assumes the British national character on board a ship owned in whole or in part by any persons not qualified to own a British ship, for the purpose of making the ship appear to be a British ship, the ship shall be subject to forfeiture under this Act, unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right. (2) In any proceeding for enforcing any such forfeiture the burden of proving a title to use the British flag and assume the British national character shall lie upon the person using and assuming the same. MERCHANT SHIPPING ACT 1894 - SECT 70 Penalty for concealment of British or assumption of foreign character. 70. If the master or owner of a British ship does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the British character of the ship from any person entitled by British law to inquire into the same, or with intent to assume a foreign character, or with intent to deceive any person so entitled as aforesaid, the ship shall be subject to forfeiture under this Act; and the master, if he commits or is privy to the commission of the offence, shall in respect of each offence be guilty of a misdemeanour. MERCHANT SHIPPING ACT 1894 - SECT 71 Penalty for acquiring ownership if unqualified. 71. If an unqualified person acquires as owner, otherwise than by such transmission as hereinbefore provided for, any interest, either legal or beneficial, in a ship using a British flag and assuming the British character, that interest shall be subject to forfeiture under this Act. MERCHANT SHIPPING ACT 1894 - SECT 72 Liabilities of ships not recognised as British. 72. Where it is declared by this Act that a British ship shall not be recognised as a British ship, that ship shall not be entitled to any benefits, privileges, advantages, or protection usually enjoyed by British ships nor to use the British flag or assume the British national character, but in so far as regards the payment of dues, the liability to fines and forfeiture, and the punishment of offences committed on board such ship, or by any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognised British ship. MERCHANT SHIPPING ACT 1894 - SECT 73 National colours for ships, and penalty on carrying improper colours. 73.(1) The red ensign usually worn by merchant ships, without any defacement or modification whatsoever, is hereby declared to be the proper national colours for all ships and boats belonging to any British subject, except in the case of Her Majesty's ships or boats, or in the case of any other ship or boat for the time being allowed to wear any other national colours in pursuance of a warrant from Her Majesty or from the Admiralty. (2) If any distinctive national colours, except such red ensign or except the Union Jack with a white border, or if any colours usually worn by Her Majesty's ships or resembling those of Her Majesty, or if the pendant usually carried by Her Majesty's ships or any pendant resembling that pendant, are or is hoisted on board any ship or boat belonging to any British subject without warrant from Her Majesty or from the Admiralty, the master of the ship or boat, or the owner thereof, if on board the same, and every other person hoisting the colours or pendant, shall for each offence [be liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds]. (3) Any commissioned officer on full pay in the military or naval service of Her Majesty, or any officer of the customs in Her Majesty's dominions, or any British consular officer, may board any ship or boat on which any colours or pendant are hoisted contrary to this Act, and seize and take away the colours or pendant, and the colours or pendant shall be forfeited to Her Majesty. Subs.(4) (5) rep. by 1979 c.39 s.50(4) sch.7 Pt.II MERCHANT SHIPPING ACT 1894 - SECT 74 Penalty on ship not showing colours. 74.(1) A ship belonging to a British subject shall hoist the proper national colours (a)on a signal being made to her by one of Her Majety's ships (including any vessel under the command of an officer of Her Majesty's navy on full pay), and (b)on entering or leaving any foreign port, and (c)if of fifty tons gross tonnage or upwards, on entering or leaving any British port. (2) If default is made on board any such ship in complying with this section, the master of the ship shall for each offence be liable to a fine not exceeding [#200]. (3) This section shall not apply to a fishing boat duly entered in the fishing boat register and lettered and numbered as required by the Fourth Part of this Act. MERCHANT SHIPPING ACT 1894 - SECT 75 Saving for Admirality. 75. The provisions of this Act with respect to colours worn by merchant ships shall not affect any other power of the Admiralty in relation thereto. Proceedings on forfeiture of ship MERCHANT SHIPPING ACT 1894 - SECT 76 76.(1) Where any ship has either wholly or as to any share therein become subject to forfeiture under this Part of this Act, (a)any commissioned officer on full pay in the military or naval service of Her Majesty; (b)any officer of customs in Her Majesty's dominions; or (c)any British consular officer, (2) Any such officer as in this section mentioned shall not be responsible either civilly or criminally to any person whomsoever in respect of any such seizure or detention as aforesaid, notwithstanding that the ship has not been brought in for adjudication, or if so brought in is declared not liable to forfeiture, if it is shown to the satisfaction of the court before whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown the court may award costs and damages to any party aggrieved, and make such other order in the premises as the court thinks just. Ss.7781 rep. by 1965 c.47 s.7(2) sch.2 MERCHANT SHIPPING ACT 1894 - SECT 82 Tonnage once ascertained to be the tonnage of ship. 82. Whenever the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations of this Act, the same shall thenceforth be deemed to be the tonnage of the ship, and shall be repeated in every subsequent registry thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the ship has been erroneously computed; and in either of those cases the ship shall be re-measured, and her tonnage determined and registered according to the tonnage regulations of this Act. MERCHANT SHIPPING ACT 1894 - SECT 83 Fees for measurement. 83. Such fees as the Board of Trade determine shall be paid in respect of the measurement of a ship's tonnage ... and those fees shall be paid into the Mercantile Marine Fund. MERCHANT SHIPPING ACT 1894 - SECT 84 Tonnage of ships of foreign countries adopting tonnage regulations. 84.(1) Whenever it appears to Her Majesty the Queen in Council that the tonnage regulations of this Act have been adopted by any foreign country, and are in force there, Her Majesty in Council may order that the ships of that country shall, without being re-measured in Her Majesty's dominions, be deemed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a British ship is deemed to be the tonnage of that ship, ... [and any space shown by the certificate of registry or other national papers of any such ship as deducted from the tonnage shall, where a similar deduction in the case of a British ship depends on compliance with any conditions or on the compliance being evidenced in any manner, be deemed to comply with those conditions and to be so evidenced, unless a surveyor of ships certifies to the Board of Trade that the construction and the equipment of the ship as respects that space do not come up to the standard which would be required if the ship were a British ship registered in the United Kingdom]. (2) Her Majesty in Council may limit the time during which the Order is to remain in operation, and make the Order subject to such conditions and qualifications (if any) as Her Majesty may deem expedient, and the operation of the Order shall be limited and modified accordingly. (3) If it is made to appear to Her Majesty that the tonnage of any foreign ship, as measured by the rules of the country to which she belongs, materially differs from that which would be her tonnage if measured under this Act, Her Majesty in Council may order that, notwithstanding any Order in Council for the time being in force under this section, any of the ships of that country may, for all or any of the purposes of this Act, be re-measured in accordance with this Act. MERCHANT SHIPPING ACT 1894 - SECT 85 Space occupied by deck cargo to be liable to dues. 85.(1) If any ship, British or foreign, other than a home trade ship as defined by this Act, carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage [and not exempted by regulations under the Merchant Shipping Act 1965], timber, stores, or other goods, all dues payable on the ship's tonnage shall be payable as if there were added to the ship's registered tonnage the tonnage of the space occupied by those goods at the time at which the dues become payable. (2) The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight lines enclosing a rectangular space sufficient to include the goods. [(3) The tonnage of the space shall be ascertained by an officer of the Board of Trade or of Customs [in accordance with regulations made under the Merchant Shipping Act 1965], and when so ascertained shall be entered by him ... in a memorandum which he shall deliver to the master, and the master shall, when the said dues are demanded, produce that memorandum in like manner as if it were the certificate of registry, or, in the case of a foreign ship, the document equivalent to a certificate of registry, and in default shall be liable to the same penalty as if he had failed to produce the said certificate or document.] [(3) The Secretary of State may, by regulations made by statutory instrument, make provision (a)as to the manner in which (including the persons by whom) the tonnage of the space is to be ascertained, recorded and verified; (b)as to the occasions on which and the persons by whom and to whom records of the said tonnage are to be produced; (c)for a contravention of the regulations to be an offence punishable on summary conviction by a fine not exceeding #500 or such less sum as is prescribed by the regulations; (d)for such incidental and supplemental matters as the Secretary of State considers appropriate in connection with the regulations, (4) Nothing in this section shall apply to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any British possession, or to deck cargo carried by a ship while engaged in the coasting trade of any British possession. MERCHANT SHIPPING ACT 1894 - SECT 86 1965 c.47 86. All duties in relation to the survey and measurement of ships shall be performed by surveyors of ships under this Act in accordance with regulations made by the Board of Trade. MERCHANT SHIPPING ACT 1894 - SECT 87 Surveyors and regulations for measurement of ships. 87. Any persons having power to levy tonnage rates on ships may, if they think fit, with the consent of the Board of Trade, levy those tonnage rates upon the registered tonnage of the ships as determined by the tonnage regulations of this Act, notwithstanding that any local Act under which those rates are levied provides for levying the same upon some different system of tonnage measurement. Levy of tonnage rates under local Acts on the registered tonnage. MERCHANT SHIPPING ACT 1894 - SECT 88 88. Where, in accordance with the Foreign Jurisdiction Act, 1890, Her Majesty exercises jurisdiction within any port, it shall be lawful for Her Majesty, by Order in Council, to declare that port a port of registry, and by the same or any subsequent Order in Council to declare the description of persons who are to be registrars of British ships at that port of registry, and to make regulations with respect to the registry of British ships thereat. 1890 c.37 MERCHANT SHIPPING ACT 1894 - SECT 89 89. In every British possession the governor of the possession shall occupy the place of the Commissioners of Customs with regard to the performance of anything relating to the registry of a ship or of any interest in a ship registered in that possession, and shall have power to approve a port within the possession for the registry of ships. MERCHANT SHIPPING ACT 1894 - SECT 90 Powers of governors in colonies. 90.(1) The governor of a British possession may, with the approval of a Secretary of State, make regulations providing that, on an application for the registry under this Act in that possession of any ship which does not exceed sixty tons burden, the registrar may grant, in lieu of a certificate of registry as required by this Act, a certificate of registry to be terminable at the end of six months or any longer period from the granting thereof, and all certificates of registry granted under any such regulations shall be in such form and have effect subject to such conditions as the regulations provide. (2) Any ship to which a certificate is granted under any such regulations shall, while that certificate is in force, and in relation to all things done or omitted during that period, be deemed to be a registered British ship. Terminable certificates of registry for small ships in colonies. MERCHANT SHIPPING ACT 1894 - SECT 91 91. This Part of this Act shall apply to the whole of Her Majesty's dominions, and to all places where Her Majesty has jurisdiction. Application of Part I. [ MERCHANT SHIPPING ACT 1894 - SECT 92 92.(1) Every British foreign-going ship and every British home trade passenger ship, when going to sea from any place in the United Kingdom, [every ship registered in the United Kingdom, being a foreign-going ship or a home trade passenger ship, when going to sea from a place outside the United Kingdom,] and every foreign steamship carring passengers between places in the United Kingdom, shall be provided with officers duly certificated under this Act according to the following scale: (a)In any case with a duly certificated master: (i)mate in the case of a home trade passenger ship; (ii)second mate in the case of a foreign-going sailing ship of not more than two hundred tons burden; and <(iii)only mate in the case of any other foreign-going ship:] (c)If the ship is a foreign-going ship, and carries more than one mate, with at least the first and second mate duly certificated: (d)If the ship is a foreign-going steamship of one hundred nominal horse-power or upwards, with at least two engineers, one of whom shall be a first-class and the other a first-class or second-class engineer duly certificated: (e)If the ship is a foreign-going steamship of less than one hundred nominal horse-power, or a sea-going home trade passenger steamship, with at least one engineer who is a first-class or second-class engineer duly certificated. [(1A) If, on an occasion on which a ship of a particular description registered in the United Kingdom, being a foreign-going ship or a home trade passenger ship, goes to sea from a place outside the United Kingdom, one, but only one, of the duly certificated officers with which a ship of that description is required to be provided by the foregoing provisions of this section is not provided, but all reasonable steps were taken to secure the provision on that occasion of a duly certificated person as that officer, so much of the foregoing subsection as requires a ship of that description to be provided with that officer when going to sea from a place outside the United Kingdom shall not apply to the ship during whichever is the shorter of the following periods beginning with the day on which the ship goes to sea from that place on that occasion, that is to say (a)the period of twenty-eight days; and (b)the period ending with the day on which the ship is provided with a duly certificated person as that officer.] [(2) If the requirements of subsection (1) of this section are not complied with in a case in which they apply to a ship, the master or owner of the ship shall be liable to a fine not exceeding one hundred pounds.] (3) An officer shall not be deemed duly certificated, within the meaning of this section, unless he is the holder for the time being of a valid certificate of competency under this Act of a grade appropriate to his station in the ship, or of a higher grade.][ MERCHANT SHIPPING ACT 1894 - SECT 93 Certificates of competency to be held by officers of ships. 93.(1) Certificates of competency shall be granted, in accordance with this Act, for each of the following grades; (that is to say,) Master of a foreign-going ship: (2) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate for a home trade passenger ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in the last-mentioned ship; but a certificate for a home trade passenger ship shall not entitle the holder to go to sea as master or mate of a foreign-going ship.] Ss.94, 95 rep. by 1914 c.42 s.1(3)[ MERCHANT SHIPPING ACT 1894 - SECT 96 Grades of certificates of competency. 96.(1) For the purpose of granting certificates of competency as engineers to persons desirous of obtaining the same, examinations shall be held at such places as the Board of Trade direct. (2) The Board of Trade may appoint times for the examinations, and may appoint, remove, and re-appoint examiners to conduct the same, and determine the remuneration of those examiners, and may regulate the conduct of the examinations and the qualification of the applicants and may do all such acts and things as they think expedient for the purpose of the examinations.][ MERCHANT SHIPPING ACT 1894 - SECT 97 Engineers certificates of competency. 97. An applicant for examination, whether as master, mate, or engineer, shall pay such fees, ... as the Board of Trade direct, and the fees shall be paid to such persons as the Board appoint and carried to the Mercantile Marine Fund.][ MERCHANT SHIPPING ACT 1894 - SECT 98 Fees on examination. 98.(1) The Board of Trade shall, subject as hereinafter mentioned, deliver to every applicant who is duly reported by the examiners to have passed the examination satisfactorily, and to have given satisfactory evidence of his sobriety, experience, ability, and general good conduct on board ship, such a certificate of competency as the case requires. (2) The Board of Trade may in any case in which a report appears to them to have been unduly made, remit the case either to the examiners who made the report or to any other examiners, and may require a re-examination of the applicant, or a further inquiry into his testimonials and character, before granting him a certificate.][ MERCHANT SHIPPING ACT 1894 - SECT 99 Grant of certificates on passing examination. 99.(1) A person who has attained the rank of lieutenant, sub-lieutenant, navigating lieutenant, or navigating sub-lieutenant in Her Majesty's Navy, or of lieutenant in Her Majesty's [Indian Navy], shall be entitled to a certificate of service as master of a foreign-going ship without examination. (2) A person who has attained the rank of engineer or assistant engineer in Her Majesty's Navy or [Indian Navy], shall be entitled without examination, if an engineer, to a certificate of service as first-class engineer, and if an assistant engineer to a certificate of service as second-class engineer. (3) A certificate of service shall differ in form from a certificate of competency, and shall contain the name and rank of the person to whom it is delivered, and the Board of Trade shall deliver a certificate of service to any person who proves himself to be entitled thereto. (4) The provisions of this Act (including the penal provisions) shall apply in the case of a certificate of service as they apply in the case of a certificate of competency, except that the provisions allowing a holder of a certificate of competency as master of a foreign-going ship to go to sea as master or mate of a home trade passenger ship shall not apply.][ MERCHANT SHIPPING ACT 1894 - SECT 100 Certificates of service for naval officers. 100.(1) All certificates of competency shall be made in duplicate, one part to be delivered to the person entitled to the certificate, and one to be preserved. (2) Such last-mentioned part of the certificate shall be preserved, and a record of certificates of competency and the suspending, cancelling, or altering of the certificates and any other matter affecting them shall be kept, in such manner as the Board of Trade direct, by the Registrar-General of Shipping and Seamen or by such other person as the Board of Trade direct. (3) Any such certificate and any record under this section shall be admissible in evidence in manner provided by this Act.][ MERCHANT SHIPPING ACT 1894 - SECT 101 Form and record of certificate. 101. If a master, mate, or engineer proves to the satisfaction of the Board of Trade that he has, without fault on his part, lost or been deprived of a certificate already granted to him, the Board of Trade shall, and in any other case may, upon payment of such fee (if any) as they direct, cause a copy of the certificate to which, by the record kept in pursuance of this Act, he appears to be entitled, to be certified by the Registrar-General of Shipping and Seamen, or other person directed to keep the record, and to be delivered to him; and a copy purporting to be so certified shall have all the effect of the original.][ MERCHANT SHIPPING ACT 1894 - SECT 102 Loss of certificate. 102. Where the legislature of any British possession provides for the examination of, and grant of certificates of competency to, persons intending to act as masters, mates, or engineers on board ships, and the Board of Trade report to Her Majesty that they are satisfied that the examinations are so conducted as to be equally efficient with the examinations for the same purpose in the United Kingdom under this Act, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under this Act, and are liable to be forfeited for the like reasons and in the like manner, Her Majesty may by Order in Council (i)declare that the said certificates shall be of the same force as if they had been granted under this Act: and (ii)declare that all or any of the provisions of this Act, which relate to certificates of competency granted under this Act, shall apply to the certificates referred to in the Order: and (iii)impose such conditions and make such regulations with respect to the certificates, and to the use, issue, delivery, cancellation, and suspension thereof, as Her Majesty may think fit, and impose fines not exceeding fifty pounds for the breach of those conditions and regulations.][ MERCHANT SHIPPING ACT 1894 - SECT 103 Colonial certificates of competency. 103.(1) The master of a foreign-going ship (a)on signing the agreement with the crew before a superintendent shall produce to him the certificates of competency which the master, mates, and engineers of the ship are by this Act required to hold: and (b)in the case of a running agreement shall also, before the second and every subsequent voyage, produce to the superintendent the certificate of competency of any mate or engineer then first engaged by him who is required by this Act to hold a certificate. (2) The master or owner of every home trade passenger ship of more than eighty tons burden shall produce to some superintendent within twenty-one days after the thirtieth of June and the thirty-first of December in every year the certificates of competency which the master, mates, and engineers of the ship are by this Act required to hold. (3) Upon the production of the certificates of competency, the superintendent shall, if the certificates are such as the master, mates and engineers of the ship ought to hold, give to the master a certificate to the effect that the proper certificates of competency have been so produced. (4) The master shall, before proceeding to sea, produce the superintendent's certificate to the chief officer of customs, and the ship may be detained until the certificate is produced.][ MERCHANT SHIPPING ACT 1894 - SECT 104 Production of certificate of competency to superintendent. 104. If any person (a)forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any certificate of competency, or an official copy of any such certificate; or (b)makes, assists in making, or procures to be made, any false representation for the purpose of procuring either for himself or for any other person a certificate of competency; or (c)fraudulently uses a certificate or copy of a certificate of competency which has been forged, altered, cancelled or suspended, or to which he is not entitled; or (d)fraudulently lends his certificate of competency or allows it to be used by any other person, Ss.105109 rep. by 1949 c.1 (NI) s.34 sch.2 Pt.II; 1949 c.15 (NI) s.16 sch.4 Pt.II; 1950 c.5 (NI) s.141(1); 1970 c.36 s.100 sch.5 Forgery, &c., of certificate of competency. [ MERCHANT SHIPPING ACT 1894 - SECT 110 110. The Board of Trade may grant to such persons as the Board think fit licences to engage or supply seamen or apprentices for merchant ships in the United Kingdom, and any such licence shall continue for such period, and may be granted and revoked on such terms and conditions as the Board think proper.][ MERCHANT SHIPPING ACT 1894 - SECT 111 Licence for supply of seamen. 111.(1) A person shall not engage or supply a seaman or apprentice to be entered on board any ship in the United Kingdom, unless that person either holds a licence from the Board of Trade for the purpose, or is the owner or master or mate of the ship, or is bona fide the servant and in the costant employment of the owner, or is a superintendent. (2) A person shall not employ for the purpose of engaging or supplying a seaman or apprentice to be entered on board any ship in the United Kingdom any person, unless that person either holds a licence from the Board of Trade for the purpose, or is the owner or master or mate of the ship, or is bona fide the servant and in the constant employment of the owner, or is a superintendent. (3) A person shall not receive or accept to be entered on board any ship any seaman or apprentice, if that person knows that the seaman or apprentice has been engaged or supplied in contravention of this section. (4) If a person acts in contravention of this section, he shall for each seaman or apprentice in respect of whom an offence is committed, be liable to a fine not exceeding [#50], and, if a licensed person, shall forfeit his licence.][ MERCHANT SHIPPING ACT 1894 - SECT 112 Penalty for engaging seamen without licence. 112.(1) A person shall not demand or receive directly or indirectly from a seaman or apprentice to the sea service, or from a person seeking employment as a seaman or apprentice to the sea service, or from a person on his behalf, any remuneration whatever for providing him with employment other than any fees authorised by this Act. (2) If a person acts in contravention of this section, he shall for each offence be liable to a fine not exceeding [#50].] Ss.113125 rep. by SRO 1937/230 (Rev. vol.X p.553); 1947 c.3 s.5(3) sch.2 Pt.I; 1949 c.43 s.37(5) sch.3; SLR 1963; 1970 c.36 s.100 sch.5 Penalty for receiving remuneration from seamen for engagement. [ MERCHANT SHIPPING ACT 1894 - SECT 126 126.(1) A seaman shall not be entitled to the rating of A.B., that is to say, of an able-bodied seaman, unless he has served at sea for [three years before the mast], but the employment of fishermen in decked fishing vessels registered under the first part of this Act shall only count as sea service up to the period of [two years of that employment]; and the rating of A.B. shall only be granted after at least one year's sea service in a trading vessel in addition to [two or more years' sea service] on board of decked fishing vessels so registered. (2) The service may be proved by certificates of discharge, by a certificate of service from the Registrar-General of Shipping and Seamen (granted by the Registrar on payment of a fee ...), specifying in each case whether the service was rendered in whole or in part in steam ship or in sailing ship, or by other satisfactory proof.] Ss.127197 rep. by 1898 c.44 s.8 sch.4; 1906 c.48 s.85 sch.2; 1920 c.12 s.10(4) sch. Pt.I; 1949 c.1 (NI) s.34(4) sch.2 Pt.II; 1950 c.5 (NI) s.141(1); 1953 c.14 (NI) s.1(2); 1956 c.46 s.55 sch.1; 1969 c.16 (NI) s.31(2) sch.3 Pt.I; 1970 c.21 (NI) s.19 sch.3 Pt.III; 1970 c.36 s.100 schs.4, 5 Ss.198208 rep. by 1906 c.48 s.85 sch.2; 1923 c.4 s.10 sch.3; 1970 c.36 s.100 sch.5[ MERCHANT SHIPPING ACT 1894 - SECT 209 Rating of seamen 209.(1) Every foreign-going ship, having one hundred persons or upwards on board, shall carry on board as part of her complement some duly qualified medical practitioner, and if she does not the owner shall for every voyage on the ship made without a duly qualified medical practitioner be liable to a fine not exceeding one hundred pounds. (2) Nothing in this section shall apply to an emigrant ship within the meaning of the Third Part of this Act.][ MERCHANT SHIPPING ACT 1894 - SECT 210 Certain ships to carry medical practitioners. 210.(1) Every place in any British ship occupied by seamen or apprentices, and appropriated to their use, shall have for each of those seamen or apprentices a space of not less than [one hundred and twenty] cubic feet and of not less than [fifteen] superficial feet measured on the deck or floor of that place, and shall be subject to the regulations in the Sixth Schedule to this Act, and those regulations shall have effect as part of this section, and if any of the foregoing requirements of this section is not complied with in the case of any ship, the owner of the ship shall for each offence be liable to a fine not exceeding twenty pounds. (2) Every place so occupied and appropriated shall be kept free from goods and stores of any kind not being the personal property of the crew in use during the voyage, and if any such place is not so kept free, the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of [5p] for each day during which, after complaint has been made to him by any two or more of the seamen so lodged, it is not so kept free. (3) Such fees as the Board of Trade fix shall be paid in respect of an inspection for the purposes of this section ....] Ss.211250 rep. by 1906 c.48 s.85 sch.2; 1953 c.14 (NI) s.1(2); SLR (NI) 1954; 1969 c.16 (NI) s.31(2) sch.3 Pt.I; 1970 c.36 s.100 sch.5 Ss.251255 rep. by 1947 c.10 s.2(2); 1970 c.36 s.100 schs.4, 5[ MERCHANT SHIPPING ACT 1894 - SECT 256 Accommodation for seamen. 256.(1) All superintendents and all officers of customs shall take charge of all documents which are delivered or transmitted to or retained by them in pursuance of this Act, and shall keep them for such time (if any) as may be necessary for the purpose of settling any business arising at the place where the documents come into their hands, or for any other proper purpose, and shall, if required, produce them for any of those purposes, and shall then transmit them to the Registrar-General of Shipping and Seamen, and he shall record and preserve them, and they shall be admissible in evidence in manner provided by this Act, and they shall, on payment of a moderate fee fixed by the Board of Trade, or without payment if the Board so direct, be open to the inspection of any person.] Subs.(2) rep. by 1958 c.51 s.13 sch.4 Ss.257266 rep. by 1920 c.39 s.1(3) sch.; 1970 c.36 s.100 sch.5 Transmission of documents to registrar by superintendents and other officers. MERCHANT SHIPPING ACT 1894 - SECT 267 267. For the purposes of this Part of this Act Definition of "passenger" rep. and replaced by 1949 c.43 s.26(1) The expression "passenger steamer" shall mean every British steamship carrying passengers to, from, or between any places in the United Kingdom except steam ferry boats working in chains (commonly called steam bridges) ... Ss.268270 rep. by 1970 c.36 s.100 sch.5 Definition of "passenger steamer." MERCHANT SHIPPING ACT 1894 - SECT 271 271.[(1) Every passenger steamer which carries more than twelve passengers shall be surveyed once at least in each year in the manner provided in this Part of this Act; and no ship (other than a steam ferry boat working in chains) shall proceed to sea or on any voyage or excursion with more than twelve passengers on board, unless there is in force in respect of the ship a certificate as to survey under this Part of this Act, applicable to the voyage or excursion on which the ship is about to proceed, or that voyage or excursion is one in respect of which the [Board of Trade] has exempted the ship from the requirements of this subsection.] (2) A passenger steamer attempting to ply or to go to sea may be detained until such certificate as aforesaid is produced to the proper officer of customs [unless the voyage or excursion on which she is about to proceed is one in respect of which she has been exempted as aforesaid]. [(3) If a ship proceeds to sea or on any voyage or excursion when it is prohibited from doing so by subsection (1) of this section, the owner and the master of the ship shall each be guilty of an offence and liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds.] MERCHANT SHIPPING ACT 1894 - SECT 272 Annual survey of passenger steamers. 272.(1) The owner of every passenger steamer shall cause the same to be surveyed by a shipwright surveyor of ships and an engineer surveyor of ships [and, in the case of a sea-going passenger steamer required to be provided with a [radio installation], by a wireless telegraphy surveyor] the shipwright surveyor being, in the case of an iron steamer, a person properly qualified in the opinion of the Board of Trade to survey an iron steamer. (2) The surveyors, if satisfied on the survey that they can with propriety do so, shall deliver to the owner declarations of survey in a form approved by the Board of Trade. Subs.(3)(4) rep. by 1932 c.9 s.39 sch.4 Pt.I; 1949 c.43 s.37(5) sch.3; subs.(5) rep. by 1949 c.43 s.37(5) sch.3 MERCHANT SHIPPING ACT 1894 - SECT 273 Mode of survey and declaration of survey. 273.(1) The owner of a steamer surveyed shall within fourteen days after the receipt by him of a declaration of survey transmit it to the Board of Trade. (2) If an owner fails without reasonable cause so to transmit a declaration of survey, he shall forfeit a sum not exceeding [50p] for every day during which the transmission is delayed, and any sum so forfeited shall be payable on the granting of a certificate in addition to the fee, and shall be applied in the same manner as the fee. MERCHANT SHIPPING ACT 1894 - SECT 274 Transmission of declaration. 274. On the receipt of the declarations of survey, the Board of Trade shall, if satisfied that this Part of this Act has been complied with, issue in duplicate a passenger steamer's certificate, that is to say, a certificate stating such compliance and stating, according to the declarations (a)the limits (if any) beyond which the steamer is not fit to ply; and (b)the number of passengers which the steamer is fit to carry, distinguishing, if necessary, the number to be carried in each part of the steamer, and any conditions and variations to which the number is subject. MERCHANT SHIPPING ACT 1894 - SECT 275 Issue of passenger steamer's certificate. 275.(1) If the owner of a steamer feels aggrieved by the declaration of survey of a shipwright or engineer surveyor [or wireless telegraphy surveyor], or by the refusal of such a surveyor to give such a declaration, he may appeal to the court of survey for the port or district where the steamer for the time being is, in manner directed by the rules of that court. (2) On any such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal and the Board, when satisfied that the requirements of the report and of the foregoing provisions of this Part of this Act have been complied with, may grant a passenger steamer's certificate. (3) Subject to any order made by the judge of the court of survey the costs of and incidental to the appeal shall follow the event. (4) A shipwright or engineer surveyor [or wireless telegraphy surveyor] in making a survey of a steamer for the purpose of a declaration of survey shall, if the owner of the steamer so requires, be accompanied on the survey by some person appointed by the owner, and in that case, if the surveyor and the person so appointed agree, there shall be no appeal under this section to the court of survey. MERCHANT SHIPPING ACT 1894 - SECT 276 Appeal to court of survey. 276.(1) The Board of Trade shall transmit the passenger steamer's certificate in duplicate to a superintendent or some other public officer at the port mentioned by the owner of the steamer for the purpose, or at the port where the owner or his agent resides, or where the steamer has been surveyed or is for the time lying. (2) The Board of Trade shall cause notice of the transmission to be given to the master or owner or his agent, and the officer to whom the certificate has been transmitted shall, on the owner, master, or agent applying and paying the proper fee and other sums (if any) mentioned in this Act as payable in that behalf, deliver to him both copies of the certificate. (3) In proving the issue of a passenger steamer's certificate it shall be sufficient to show that the certificate was duly received by the said officer, and that due notice of the transmission was given to the owner, master, or agent. MERCHANT SHIPPING ACT 1894 - SECT 277 Transmission of certificate. 277. The grantee of a passenger steamer's certificate shall pay such fees, ... as the Board of Trade fix. MERCHANT SHIPPING ACT 1894 - SECT 278 Fees for certificate. 278.(1) A passenger steamer's certificate shall not be in force for more than one year from the date of its issue, or any shorter time specified in the certificate, nor after notice is given by the Board of Trade to the owner, agent, or master of the steamer, that the Board have cancelled it. (2) If a passenger steamer is absent from the United Kingdom at the time when her certificate expires, a fine shall not be incurred for want of a certificate until she first begins to ply with passengers after her next return to the United Kingdom. MERCHANT SHIPPING ACT 1894 - SECT 279 Duration of certificates. 279.(1) The Board of Trade may cancel a passenger steamer's certificate where they have reason to believe (a)that any declaration of survey on which the certificate was founded has been in any particular made fraudulently or erroneously; or, (b)that the certificate has been issued upon false or erroneous information; or, (c)that since the making of the declaration, the hull, equipments, or machinery have sustained any injury, or are otherwise insufficient. (2) In every such case the Board of Trade may require the owner to have the hull, equipment or machinery of the steamer again surveyed, and to transmit further declarations of survey before they re-issue the certificate or grant a fresh one in lieu thereof. MERCHANT SHIPPING ACT 1894 - SECT 280 Cancellation of certificate. 280.(1) The Board of Trade may require a passenger steamer's certificate, which has expired or been cancelled, to be delivered up as they direct. (2) If any owner or master fails without reasonable cause to comply with such requirement, he shall for each offence be liable to a fine not exceeding [#50]. MERCHANT SHIPPING ACT 1894 - SECT 281 Delivery up of certificate. 281.(1) The owner or master of every passenger steamer required to have a passenger steamer's certificate shall forthwith on the receipt of the certificate by him or his agent cause one of the duplicates to be put up in some conspicuous place on board the steamer, so as to be legible to all persons on board, and to be kept so put up and legible while the certificate remains in force, and the steamer is in use. (2) If the owner or master fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding [#50]. (3) If a passenger steamer plies or goes to sea with passengers on board, and this section is not complied with, then for each offence the owner thereof shall be liable to a fine not exceeding [#200], and the master shall also be liable to a further fine not exceeding [#200]. MERCHANT SHIPPING ACT 1894 - SECT 282 Posting up of certificate. 282. If any person (a)knowingly and wilfully makes, or assists in making, or procures to be made, a false or fraudulent declaration of survey or passenger steamer's certificate; or (b)forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any such declaration or certificate, or anything contained in, or any signature to any such declaration or certificate; Penalty for forgery of certificate or declaration. MERCHANT SHIPPING ACT 1894 - SECT 283 283. The owner or master of any passenger steamer shall not receive on board thereof, or on or in any part thereof, any number of passengers which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the passenger steamer's certificate, and if he does so, he shall for each offence be liable [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #50,000]. MERCHANT SHIPPING ACT 1894 - SECT 284 Penalty for carrying passengers in excess. 284. Where the legislature of any British possession provides for the survey of, and grant of certificates for, passenger steamers, and the Board of Trade report to Her Majesty the Queen that they are satisfied that the certificates are to the like effect, and are granted after a like survey, and in such manner as to be equally efficient with the certificates for the same purpose in the United Kingdom under this Act, Her Majesty in Council may (1)declare that the certificates granted in the said British possession shall be of the same force as if granted under this Act; and (2)declare that all or any of the provisions of this Part of this Act which relate to passenger steamer's certificates shall, either without modification or with such modifications as to Her Majesty may seem necessary, apply to the certificates granted in the said British possession; and (3)impose such conditions and make such regulations with respect to the certificates, and to the use, delivery, and cancellation thereof, as to Her Majesty may seem fit, and impose fines not exceeding fifty pounds for the breach of those conditions and regulations. Colonial certificates for passenger steamers. MERCHANT SHIPPING ACT 1894 - SECT 285 285.(1) A sea-going passenger steamer shall have her compasses properly adjusted from time to time, to the satisfaction of the shipwright surveyor and according to such regulations as may be issued by the Board of Trade. Subs.(2) rep. by 1932 c.9 s.39 sch.4 Pt.I (3) A home trade passenger steamer shall be provided with such shelter for the protection of deck passengers (if any) as the Board of Trade, having regard to the nature of the passage, the number of deck passengers to be carried, the season of the year, the safety of the ship, and the circumstances of the case, require. (4) A passenger steamer shall be provided with a safety valve on each boiler, so constructed as to be out of the control of the engineer when the steam is up, and, if the safety valve is in addition to the ordinary valve, so constructed as to have an area not less, and a pressure not greater, than the area of and pressure on the ordinary valve. (5) If a passenger steamer plies or goes to sea from a port in the United Kingdom without being equipped as required by this section, then, for each matter in which default is made, the owner (if in fault) shall be liable [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #1,000] and the master (if in fault shall be liable [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #1,000]. MERCHANT SHIPPING ACT 1894 - SECT 286 Equipment of passenger steamers with compasses, hose, deck shelters, and safety appliances. 286. A person shall not increase the weight on the safety valve of a passenger steamer beyond the limits fixed by the surveyor, and, if he does so, he shall, in addition to any other liability he may incur by so doing, be liable for each offence [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #1,000]. Prohibition of increasing weight on safety valve. MERCHANT SHIPPING ACT 1894 - SECT 287 287.(1) If any of the following offences is committed in the case of a passenger steamer for which there is a passenger steamer's certificate in force; (that is to say), (a)If any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employment, and, after having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer: (b)If any person being drunk or disorderly on board the steamer is requested by the owner or any person in his employ to leave the steamer at any place in the United Kingdom, at which he can conveniently do so, and, after having the amount of his fare (if he has paid it) returned or tendered to him, does not comply with the request: (c)If any person on board the steamer, after warning by the master or other officer thereof, molests or continues to molest any passenger: (d)If any person, after having been refused admission to the steamer by the owner or any person in his employ on account of the steamer being full, and having had the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer: (e)If any person having gone on board the steamer at any place, and being requested, on account of the steamer being full, by the owner or any person in his employ to leave the steamer, before it has quitted that place, and having had the amount of his fare (if he has paid it) returned or tendered to him, does not comply with that request: (f)If any person travels or attempts to travel in the steamer without first paying his fare, and with intent to avoid payment thereof: (g)If any person, having paid his fare for a certain distance, knowingly and wilfully proceeds in the steamer beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof: (h)If any person on arriving in the steamer at a point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the steamer: and (i)if any person on board the steamer fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the steamer: (2) If any person on board any such steamer wilfully does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the steamer, or to obstruct, impede, or molest the crew, or any of them, in the navigation or management of the steamer, or otherwise in the execution of their duty on or about the steamer, he shall for each offence be liable to a fine not exceeding [#50]. (3) The master or other officer of any such steamer, and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and whose name and address are unknown to the master or officer, and convey the offender with all convenient despatch before some justice of the peace to be dealt with according to law, and that justice shall with all convenient despatch try the case in a summary manner. (4) If any person commits an offence against this section and on the application of the master of the steamer, or any other person in the employ of the owner thereof, refuses to give his name and address, or gives a false name or address, that person shall be liable to a fine not exceeding [#50]; and the fine shall be paid to the owner of the steamer. MERCHANT SHIPPING ACT 1894 - SECT 288 Offences in connexion with passenger steamers. 288. The master of any home trade passenger steamer may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid. Ss.289355 rep. by 1906 c.48 s.85 sch.2; 1949 c.43 s.37(5) sch.3; 1953 c.14 (NI) s.1(2); 1970 c.36 s.100 sch.5 Power to exclude drunken passengers on home trade passenger steamers. MERCHANT SHIPPING ACT 1894 - SECT 356 356. All fines and forfeitures under the provisions of this Part of this Act (other than the provisions relating to passenger steamers only) shall be sued for by the following officers; (that is to say), Para.(a) rep. by 1970 c.36 s.100 sch.5 (b)Any chief officer of customs; and also (c)In the British Islands, any person authorised by the Board of Trade and any officer of customs authorised by the Commissioners of Customs; ... Ss.357, 358 rep. by 1970 c.36 s.100 sch.5 Recovery of fines. MERCHANT SHIPPING ACT 1894 - SECT 359 359.(1) In the absence of any agreement to the contrary, the owner of a ship shall be the person ultimately responsible as between himself and the other persons by this Part of this Act made liable in respect of any default in complying with any requirement thereof. Subs.(2) rep. by 1970 c.36 s.100 sch.5 Ss.360362 rep. by 1949 c.43 s.37(5) sch.3; 1970 c.36 s.100 sch.5; 1979 c.39 s.50(4) sch.7 Pt.II MERCHANT SHIPPING ACT 1894 - SECT 363 Owner responsible for default in absence of agreement. 363. Where a foreign ship is a passenger steamer ... within the meaning of this Part of this Act, and the Board of Trade are satisfied, by the production of a foreign certificate of survey attested by a British consular officer at a port out of Her Majesty's dominions, that the ship has been officially surveyed at that port, and are satisfied that any requirements of this Act are proved by that survey to have been substantially complied with, the Board may, if they think fit, dispense with any further survey of the ship in respect of any requirement so complied with, and grant or direct one of their officers to grant a certificate, which shall have the same effect as if given upon survey under this Part of this Act: Provided that Her Majesty in Council may order that this section shall not apply in the case of an official survey at any port at which it appears to Her Majesty that corresponding advantages are not extended to British ships. Ss.364, 365 rep. by 1970 c.36 s.100 sch.5. S.368 rep. by SL(R) 1976. S.368A rep. by 1947 c.3 s.5 sch.2 Pt.I Exemption from survey of foreign passenger steamer in certain cases. [ MERCHANT SHIPPING ACT 1894 - SECT 369 369.(1) This Part of this Act relates partly (a)to all fishing boats and to the whole fishing service; and partly (b)to all fishing boats of twenty-five tons tonnage and upwards; and partly (c)to fishing boats being trawlers of twenty-five tons tonnage and upwards, and where so expressly provided, to fishing boats being trawlers of whatever tonnage. (2) The Board of Trade may, by order published in the London Gazette, (a)exempt from the date in the order mentioned, any class of such trawler or trawlers belonging to any port from the whole or any portion of this Part of this Act, and (b)extend all or any of the provisions of this Part of this Act to any fishing boats referred to in the order, (3) The Board of Trade may, before making any order under this section, institute such inquiry, as in their opinion may be required for enabling them to make the order, by such person as the Board may appoint, ... (4) The provisions of this Act with respect to fishing boats being trawlers shall, save as otherwise expressly provided, apply to vessels employed as tenders or carriers to fishing boats or for the purpose of collecting and conveying to the land the catch of fishing boats.] MERCHANT SHIPPING ACT 1894 - SECT 370 Application of Part IV. 370. In this Part of this Act, unless the context otherwise requires The expression "fishing boat" means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing or in the sea-fishing service, ... [The expression "second hand" means, with respect to a fishing boat, the mate or person next to the skipper in authority or command on board the boat.] [The expression "voyage" shall mean a fishing trip commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip, but a return due to distress only shall not be deemed to be a return, if it is followed by a resumption of the trip.][ MERCHANT SHIPPING ACT 1894 - SECT 371 ""Voyage.'' 371.(1) The tonnage of a fishing boat for the purpose of this part of this Act shall be taken to be ... her register tonnage.] Subs.(2)(3) rep. by 1965 c.47 s.7(2) sch.2 MERCHANT SHIPPING ACT 1894 - SECT 372 Ascertainment of tonnage of fishing boat. 372. This Part of this Act shall not, except where otherwise expressly provided, apply ... to any British possession. The following sections shall apply to all fishing boats and the whole fishing service: Extent of Part IV. MERCHANT SHIPPING ACT 1894 - SECT 373 373.(1) This section shall apply to the British Islands, and to all British fishing boats, including those used otherwise than for profit, and the expression "fishing boat" in this section shall be construed accordingly. (2) Subject to any exemptions made by the regulations under this section, every fishing boat shall be lettered and numbered and have official papers, and shall for that purpose be entered in the fishing boat register. (3) If a fishing boat required to be so entered is not so entered, she shall not be entitled to any of the privileges or advantages of a British fishing boat, but all obligations, liabilities and penalties with reference to that boat, and the punishment of offences committed on board her, or by any persons belonging to her, and the jurisdiction of officers and courts, shall be the same as if the boat were actually so entered. (4) If a fishing boat required to be entered in the fishing boat register is not so entered, and is used as a fishing boat, the owner and skipper of such boat shall each be liable, for each offence, to a fine not exceeding [#50], and the boat may be detained. (5) Her Majesty, by Order in Council, may make regulations for carrying into effect and enforcing the entry of fishing boats in the fishing boat register, and any convention with a foreign country relative to the registry, lettering, and numbering of fishing boats, which is for the time being in force by virtue of any statute, and may by such regulations (a)adopt any existing system of registry or lettering and numbering of boats, and provide for bringing any such system into conformity with the requirements of this Act and of any such convention, and the regulations; and (b)define the boats or classes of boats to which the regulations or any of them are to apply, and provide for the exemption of any boats or classes of boats from the provisions of this section, and from the regulations or any of them; and (c)apply to the entry of fishing boats in the fishing boat register, and to all matters incidental thereto, such (if any) of the enactments contained in this or any other Act relating to the registry of British ships, and with such modifications and alterations as may be found desirable; and (d)impose [fines not exceeding fifty pounds] for the breach of any such regulations which cannot be punished by the application of any of those enactments. [(6) Sections 8 and 9 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers, and powers of sea-fishery officers to enforce conventions) shall apply in relation to this section and any Order in Council thereunder, and to any convention mentioned in subsection (5) above, as they apply respectively in relation to any order mentioned in the said section 8 and any convention mentioned in the said section 9; and sections 10, 11, 12 and 14 of that Act (offences, and supplemental provisions as to legal proceedings) shall apply accordingly.] Subs.(7) rep. by 1952 c.44 s.320 sch.12 Pt.I MERCHANT SHIPPING ACT 1894 - SECT 374 1968 c.77 374. In all legal proceedings against the owner or skipper of, or any person belonging to, any boat entered in the fishing boat register, ... for an offence [under the Sea Fisheries (Scotland) Amendment Act 1885 or under section 5 or 10 of the Sea Fisheries Act 1968, [section 2 of the Fishery Limits Act 1976]], or for the recovery of damages for injury done by such boat, the register shall be conclusive evidence that the persons entered therein at any date as owners of the boat were at that date owners thereof, and that the boat is a British sea-fishing boat: Provided that (a)this enactment shall not prevent any proceedings being instituted against any person not so entered who is beneficially interested in the boat; and (b)this enactment shall not affect the rights of the owners among themselves, or the rights of any owner entered in the register against any person not so entered who is beneficially interested in the boat; and (c)save as aforesaid, entry in the fising boat register shall not confer, take away, or affect any title to or interest in any fishing boat. Ss.375384 rep. by 1937 c.23 s.2; SLR (NI) 1954; 1970 c.36 s.100 sch.5 1976 c.86 [ MERCHANT SHIPPING ACT 1894 - SECT 385 385.(1) The skipper of a fishing boat shall keep a record of the following occurrences; namely, (i)Of every death, injury, ill-treatment, or punishment of any member of his boat's crew while at sea or of any person on board his boat, and (ii)Of every casualty to his fishing boat or any boat belonging to her. (2) The skipper shall produce the record so kept to any superintendent when required by him, and shall also send the same to the superintendent at the port to which the boat belongs at such periods as the Board of Trade require by any directions endorsed on the forms approved by them. (3) If any such occurrence has happened in the case of a fishing boat, the skipper of the boat shall make to the superintendent at the port where his boat's voyage ends, within twenty-four hours of the boat's arrival at that port, a report of the occurrence. (4) The record and report under this section shall be in such form and contain such particulars as the Board of Trade require. (5) If a skipper fails without reasonable cause to comply with any requirement of this section, he shall for each offence be liable to a fine not exceeding [#50].][ MERCHANT SHIPPING ACT 1894 - SECT 386 Record and report of death, injury, ill-treatment, punishment, casualties, &c. 386.(1) Where any such occurrence as in the last preceding section mentioned happens or is supposed to have happened, the superintendent at or nearest to the port at which the fishing boat arrives after the occurrence, or to which the boat belongs, may inquire into the cause and particulars of the occurrence, and, if a report as to the occurrence is made to him in pursuance of the said section, may make on the report an endorsement either that in his opinion the particulars in the report are true, or otherwise to such effect as in his opinion his information warrants. (2) For the purpose of the inquiry, a superintendent shall have all the powers of a Board of Trade inspector [under section 27 of the Merchant Shipping Act 1979]. (3) If in the course of the inquiry it appears to the superintendent that any such occurrence as aforesaid has been caused or was accompanied by violence or the use of any improper means, he shall report the matter to the Board of Trade, and shall also, if the emergency of the case in his opinion so requires, take immediate steps for bringing the offender to justice, and may for that purpose, if in his discretion he thinks it necessary, cause him to be arrested, and thereafter dealt with in due course of law.] Ss.387389 rep. by 1920 c.39 s.1(3) sch.; 1969 c.16 (NI) s.31(2) sch.3 Pt.I; 1970 c.36 s.100 sch.5 1979 c.39 [ MERCHANT SHIPPING ACT 1894 - SECT 390 390.(1) The Board of Trade may fix the fees to be payable upon engagements or discharges of members of the crews of fishing boats when effected before a superintendent; and a superintendent may refuse to proceed with any such engagement or discharge unless the fee payable thereon has first been paid. (2) All fees so paid shall be carried to the credit of the Mercantile Marine Fund.] S.391 rep. by 1970 c.36 s.100 sch.5 (2) If a boat goes to sea contrary to this section, the owner thereof shall for each offence be liable [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #1,000].(a)having been engaged to serve as skipper or second hand of a fishing boat, being a trawler of twenty-five tons tonnage and upwards, serves as skipper or second hand of that boat without being duly certificated; or (b)employs any person as skipper or second hand of such a boat without ascertaining that he is duly certificated; (4) A skipper or second hand shall not be deemed duly certificated for the purpose of this section unless he holds a certificate under this Part of this Act appropriate to his station in the boat or to a higher station. (5) Where the skipper of such a boat is absent from his boat a superintendent may, on the request of the owner of the boat, and on being satisfied that the absence is due to an unavoidable cause, authorise the second hand of the boat to act, for a period not exceeding one month, as the skipper of the boat during the skipper's absence, and the second hand when acting under that authority shall for the purposes of this section be deemed to be a duly certificated skipper.][ MERCHANT SHIPPING ACT 1894 - SECT 414 Fees payable on engagements and discharges. 414.(1) Certificates of competency as skipper or as second hand of fishing boats, or any particular class of fishing boats, may be granted by the Board of Trade in the same manner as certificates of competency as master or mate under the Second Part of this Act, and all the provisions of this Act with respect to or connected with the examination of applicants for certificates and the granting thereof, and the suspension and cancellation thereof, and inquiries and investigations into the conduct of the holders thereof, and all other provisions of this Act relating to or connected with certificates of masters or mates, shall apply to the certificates as skipper or second hand of fishing boats, and the holders thereof, as if the certificates had been granted under Part II of this Act, and the holders thereof shall be entitled to such privileges, and subject to such liabilities as they would be if such certificates had been so granted. (2) A certificate of competency as skipper of a fishing boat shall not be granted to any person unless he has previously held a certificate as second hand for at least twelve months.] S.415 spent Skippers and second hands to hold certificate of competency. [ MERCHANT SHIPPING ACT 1894 - SECT 416 416.(1) The Board of Trade may cause a register of certificated skippers and second hands to be kept in such form and by such person, and containing such particulars, as the Board direct. (2) Such register shall be admissible in evidence in manner provided by this Act, and the absence of an entry in the register of any person or matter shall be evidence of the non-registration of such person or matter, and if the question is whether the person has been certificated as a skipper or second hand, of his not being so certificated.] Granting of certificate of competency. [ MERCHANT SHIPPING ACT 1894 - SECT 417 417.(1) The Board of Trade, on the application of any owners of a fleet of fishing boats, or of any association of owners of fishing boats, or of any persons having the charge or command of a fleet of fishing boats, or without such application if the person or association entitled to make the application fails after request by the Board of Trade to do so, may make such regulations respecting the conveyance of fish from fishing boats catching fish as trawlers to vessels engaged in collecting and carrying fish to port, as may appear to the Board expedient for preventing loss of life, or danger to life or limb. (2) All regulations so made shall be laid for thirty days before both Houses of Parliament while in session, and shall not come into force till the expiration of those thirty days; and if either House within those thirty days resolves that the whole or any part of the regulations laid before them ought not to be in force, the same shall not have any force, without prejudice, nevertheless, to the making of any other regulation in its place. (3) All regulations made under this section shall, whilst in force, have effect as if enacted in this Act. (4) If any person to whom such a regulation applies fails without reasonable cause to comply therewith, he shall for each offence be liable to a fine not exceeding [#50]. (5) This section shall apply to fishing boats of whatever tonnage.] Registers of certificated skippers and second hands. MERCHANT SHIPPING ACT 1894 - SECT 418 418.(1) Her Majesty may, on the joint recommendation of the Admiralty and the Board of Trade, by Order in Council, make regulations for the prevention of collisions at sea, and may thereby regulate the lights to be carried and exhibited, the fog signals to be carried and used, and the steering and sailing rules to be observed, by ships, and those regulations (in this Act referred to as the collision regulations), shall have effect as if enacted in this Act. (2) The collision regulations, together with the provisions of this Part of this Act relating thereto, or otherwise relating to collisions, shall be observed by all foreign ships within British jurisdiction, and in any case arising in a British Court concerning matters arising within British jurisdiction foreign ships shall, so far as respects the collision regulations and the said provisions of this Act, be treated as if they were British ships. MERCHANT SHIPPING ACT 1894 - SECT 419 Board of Trade regulations as to conveyance of fish from trawlers. 419.(1) All owners and masters of ships shall obey the collision regulations, and shall not carry or exhibit any other lights, or use any other fog signals, than such as are as required by those regulations. (2) If an infringement of the collision regulations is caused by the wilful default of the master or owner of the ship, that master or owner shall, in respect of each offence, be [liable, on conviction on indictment, to a fine and imprisonment for a term not exceeding two years or, on summary conviction, (a)to a fine not exceeding fifty thousand pounds and imprisonment for a term not exceeding six months in the case of an infringement of Rule 10(b)(i) of the regulations set out in Schedule 1 to the Collision Regulations and Distress Signals Order 1977; and (b)to a fine not exceeding #1,000 in any other case]. (3) If any damage to person or property arises from the non-observance by any ship of any of the collision regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulation necessary. Subs.(4) rep. by 1911 c.57 s.4(1) (5) The Board of Trade shall furnish a copy of the collision regulations to any master or owner of a ship who applies for it. MERCHANT SHIPPING ACT 1894 - SECT 420 Observance of collision regulations. 420.(1) A surveyor of ships may inspect any ship, British or foreign, for the purpose of seeing that the ship is properly provided with lights and the means of making fog signals, in conformity with the collision regulations, and if the surveyor finds that the ship is not so provided, he shall give to the master or owner notice in writing, pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same. (2) Every notice so given shall be communicated in the manner directed by the Board of Trade to the chief officer of customs at any port at which the ship may seek to obtain a clearance or transire; and the ship shall be detained, until a certificate under the hand of a surveyor of ships is produced to the effect that the ship is properly provided with lights and with the means of making fog signals, in conformity with the collision regulations. Subs.(3) rep. by 1979 c.39 s.50(4) sch.7 Pt.II (4) Where the certificate as to lights and fog signals is refused, an owner may appeal to the court of survey for the port or district where the ship for the time being is in manner directed by the rules of that court. (5) On any such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal, and the Board of Trade, when satisfied that the requirements of the report and of this Act as to lights and fog signals have been complied with, may grant, or direct a surveyor of ships or other person appointed by them to grant, the certificate. (6) Subject to any order made by the judge of court of survey the costs of and incidental to the appeal shall follow the event. (7) A surveyor in making an inspection under this section shall, if the owner of the ship so require, be accompanied on the inspection by some person appointed by the owner, and, if in that case the surveyor and the person so appointed agree, there shall be no appeal under this section to the court of survey. (8) Such fees as the Board of Trade may determine shall be paid in respect of an inspection of lights and fog signals under this section .... MERCHANT SHIPPING ACT 1894 - SECT 421 SI 1977/982 421.(1) Any rules made before or after the passing of this Act under the authority of any local Act, concerning lights and signals to be carried, or the steps for avoiding collision to be taken, by vessels navigating the waters of any harbour, river, or other inland navigation, shall, notwithstanding anything in this Act, have full effect. (2) Where any such rules are not and cannot be made, Her Majesty in Council on the application of any person having authority over such waters, or, if there is no such person, any person interested in the navigation thereof, may make such rules, and those rules shall, as regards vessels navigating the said waters, be of the same force as if they were part of the collision regulations. MERCHANT SHIPPING ACT 1894 - SECT 422 Inspection as to lights and fog signals. 422.(1) In every case of collision between two vessels, it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without danger to his own vessel, crew and passengers (if any), (a)to render to the other vessel, her master, crew and passengers (if any) such assistance as may be practicable, and may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that she has no need of further assistance, and also (b)to give to the master or person in charge of the other vessel the name of his own vessel and of the port to which she belongs, and also the names of the ports from which she comes and to which she is bound. Subs.(2) rep. by 1911 c.57 s.4(2) (3) If the master or person in charge fails without reasonable cause to comply with this section, he shall be guilty of [an offence and (a)in the case of a failure to comply with subsection (1)(a) of this section, liable on conviction on indictment to a fine and imprisonment for a term not exceeding two years and on summary conviction to a fine not exceeding fifty thousand pounds and imprisonment for a term not exceeding six months; and (b)in the case of a failure to comply with subsection (1)(b) of this section, liable on conviction on indictment to a fine and on summary conviction to a fine not exceeding one thousand pounds, S.423 rep. by 1970 c.36 s.100 sch.5 MERCHANT SHIPPING ACT 1894 - SECT 424 Saving for local rules of navigation in harbours, &c. 424. Whenever it is made to appear to Her Majesty in Council that the Government of any foreign country is willing that the collision regulations, or the provisions of this Part of this Act relating thereto or otherwise relating to collisions, or any of those regulations or provisions should apply to the ships of that country when beyond the limits of British jurisdiction, Her Majesty may, by Order in Council, direct that those regulations and provisions shall, subject to any limitation of time conditions and qualifications contained in the Order, apply to the ships of the said foreign country, whether within British jurisdiction or not, and that such ships shall for the purpose of such regulations and provisions be treated as if they were British ships. Ss.425, 426 rep. by 1970 c.36 s.100 sch.5 Duty of vessel to assist the other in case of collision. [ MERCHANT SHIPPING ACT 1894 - SECT 427 427.(1) The [Board of Trade] may, in relation to any ships to which this section applies, make rules (in this Act called "rules for life-saving appliances") with respect to all or any of the following matters, namely: (a)the arranging of ships into classes, having regard to the services in which they are employed, to the nature and duration of the voyage, and to the number of persons carried; (b)the number, description, and mode of construction of the boats, life rafts, line-throwing appliances, life-jackets, and lifebuoys to be carried by ships, according to the classes in which the ships are arranged; (c)the equipment to be carried by any such boats and rafts and the methods to be provided to get the boats and other life-saving appliances into the water, including oil for use in stormy weather; (d)the provision in ships of a proper supply of lights inextinguishable in water, and fitted for attachment to lifebuoys; (e)the quantity, quality and description of buoyant apparatus to be carried on board ships ..., either in addition to or in substitution for boats, life rafts, life-jackets and lifebuoys; (f)the position and means of securing the boats, life rafts, life-jackets, lifebuoys and buoyant apparatus; (g)the marking of the boats, life rafts and buoyant apparatus so as to show their dimensions and the number of persons authorised to be carried on them; (h)the manning of the lifeboats and the qualifications and certificates of lifeboat men; (j)the provision to be made for mustering the persons on board, and for embarking them in the boats (including provision for the lighting of, and the means of ingress to and egress from, different parts of the ship); (k)the provision of suitable means situated outside the engine-room whereby any discharge of water into the boats can be prevented; (l)the assignment of specific duties to each member of the crew in the event of emergency; <(m)the methods to be adopted and the appliances to be carried in ships for the prevention, detection and extinction of fire; [(mm)the provision in ships of plans or other information relating to the means of preventing, detecting, controlling and extinguishing outbreaks of fire;] (n)the practice in ships of boat-drills and fire-drills; (o)the provision in ships of means of making effective distress-signals by day and by night; (p)the provision, in ships engaged on voyages in which pilots are likely to be embarked, of suitable pilot-ladders, and of ropes, lights and other appliances designed to make the use of such ladders safe, and (q)the examination [and maintenance] at intervals to be prescribed by the rules of any appliances or equipment required by the rules to be carried. (2) This section applies to (a)British ships, except ships registered in a Dominion within the meaning of the Statute of Westminster, 1931, or in India, Pakistan, [Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidad and Tobago, Uganda, Kenya, Zanzibar, Malawi, Malta, The Gambia, Guyana, Singapore, Barbados, Mauritius, Fiji, the Bahamas, Bangladesh, Grenada, Seychelles, Solomon Islands, Tuvalu, Dominica, Saint Lucia, Kiribati, Saint Vincent and the Grenadines, Papua New Guinea, Western Samoa, Nauru, the New Hebrides or Zimbabwe] or in any territory administered by His Majesty's government in any such Dominion; (b)other ships while they are within any port in the United Kingdom: Provided that this section shall not apply to a ship by reason of her being within a port in the United Kingdom if she would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.] MERCHANT SHIPPING ACT 1894 - SECT 428 Rules as to life-saving appliances. 428. It shall be the duty of the owner and master of every British ship to see that his ship is provided, in accordance with the rules for life-saving appliances, with such of those appliances as, having regard to the nature of the service on which the ship is employed, and the avoidance of undue encumbrance of the ship's deck, are best adapted for securing the safety of her crew and passengers. MERCHANT SHIPPING ACT 1894 - SECT 429 1931 c.4 429.(1) For the purpose of preparing and advising on the rules for life-saving appliances, the Board of Trade may appoint a committee, the members of which shall be nominated by the Board in accordance with the Seventeenth Schedule to this Act. (2) A member of the committee shall hold office for two years from the date of his appointment, but shall be eligible for re-appointment. (3) There shall be paid to the members of the committee, out of the Mercantile Marine Fund, such travelling and other allowances as the Board of Trade may fix. (4) Her Majesty may, by Order in Council, alter the Seventeenth Schedule to this Act. MERCHANT SHIPPING ACT 1894 - SECT 430 Duties of owners and masters as to carrying life-saving appliances. 430.(1) In the case of any ship (a)if the ship is required by the rules for life-saving appliances to be provided with such appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules applicable to the ship; or (b)if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the voyage or excursion through the wilful fault or negligence of the owner or master; or (c)if the master wilfully neglects to replace or repair on the first opportunity any such appliances lost or injured in the course of the voyage or excursion; or (d)if such appliances are not kept so as to be at all times fit and ready for use; [(e)if any provision of the rules for life-saving appliances applicable to the ship is contravened or not complied with;] (2) Nothing in the foregoing enactments with respect to life-saving appliances shall prevent any person from being liable under any other provision of this Act, or otherwise, to any other or higher fine or punishment than is provided by those enactments, provided that a person shall not be punished twice for the same offence. (3) If the court before whom a person is charged with an offence punishable under those enactments thinks that proceedings ought to be taken against him for the offence under any other provision of this Act, or otherwise, the court may adjourn the case to enable such proceedings to be taken.[ MERCHANT SHIPPING ACT 1894 - SECT 431 Appointment of consultative committee for framing rules. 431.(1) A surveyor of ships may inspect any ship for the purpose of seeing that the rules for life-saving appliances have been complied with in her case, ... (2) If the surveyor finds that the rules for life-saving appliances have not been complied with, he shall give written notice to the owner or master stating in what respect the said rules have not been complied with, and what, in his opinion, is required to rectify the matter. (3) Every notice so given shall be communicated in manner directed by the Board of Trade to the Chief Officer of Customs of any port at which the ship may seek to obtain a clearance or transire, and a clearance or transire shall not be granted to the ship and the ship shall be detained until a certificate under the hand of a surveyor of ships is produced to the effect that the matter has been rectified.] Penalty for breach of rules. MERCHANT SHIPPING ACT 1894 - SECT 432 432.(1) Every British sea-going steamship if employed to carry passengers, shall have her compasses properly adjusted from time to time; and every British sea-going steamship not used wholly as a tug shall be provided with a hose capable of being connected with the engines of the ship, and adapted for extinguishing fire in any part of the ship. (2) If any such British sea-going steamship plies or goes to sea from any port in the United Kingdom and any requirement of this section is not complied with, then for each matter in which default is made, the owner (if in fault) shall be liable [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #1,000] and the master (if in fault) shall be liable [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #1,000]. MERCHANT SHIPPING ACT 1894 - SECT 433 Survey of ship with respect to life-saving appliances. 433. A person shall not place an undue weight on the safety valve of any steamship, and if he does so he shall, in addition to any other liability he may incur by so doing, be liable for each offence [on conviction on indictment to a fine and on summary conviction to a fine not exceeding #1,000]. S.434 rep. by 1932 c.9 s.39 sch.4 Pt.I. S.435 rep. by 1949 c.43 s.37(5) sch.3 Adjustment of compasses and provision of hose. MERCHANT SHIPPING ACT 1894 - SECT 436 436.(1) The Board of Trade may, in any case or class of cases in which they think it expedient to do so, direct any person appointed by them for the purpose, to record, in such manner and with such particulars as they direct, the draught of water of any sea-going ship, as shown on the scale ... on her stem and stern post, and the extent of her [freeboard] ..., upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, and the person so appointed shall thereupon keep that record, and shall forward a copy thereof to the Board of Trade. (2) That record or copy, if produced out of the custody of the Board of Trade, shall be admissible in evidence in manner provided by this Act. Subs.(3) rep. by 1970 c.36 s.100 sch.5 (4) The master of a sea-going ship shall, upon the request of any person appointed to record the ship's draught of water, permit that person to enter the ship and to make such inspections and take such measurements as may be requisite for the purpose of the record; and if any master fails to do so, or impedes, or suffers any one under his control to impede, any person so appointed in the execution of his duty, he shall for each offence be liable to a fine not exceeding [#1,000]. [(5) In this section the expression "freeboard" means, in the case of any ship which is marked with a deck-line, the height from the water to the upper edge of the deck-line, and, in the case of any other ship, the height amidships from the water to the upper edge of the deck from which the depth of hold as stated in the register is measured.] Ss.437445 rep. by 1932 c.9 s.67 sch.4 Pt.II Placing undue weight on safety valve. MERCHANT SHIPPING ACT 1894 - SECT 446 446.(1) A person shall not send or attempt to send by any vessel, British or foreign, and a person not being the master or owner of the vessel shall not carry or attempt to carry in any such vessel, any dangerous goods, without distinctly marking their nature on the outside of the package containing the same, and giving written notice of the nature of those goods and of the name and address of the sender or carrier thereof to the master or owner of the vessel at or before the time of sending the same to be shipped or taking the same on board the vessel. (2) If any person fails without reasonable cause to comply with this section, he shall for each offence be [liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds; but it shall be a defence to show that the accused] was merely an agent in the shipment of any such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature, .... (3) For the purpose of this Part of this Act the expression "dangerous goods" means aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer matches, nitro-glycerine, petroleum, any explosives within the meaning of the Explosives Act, 1875, and any other goods which are of a dangerous nature. MERCHANT SHIPPING ACT 1894 - SECT 447 Restrictions on carriage of dangerous goods. 447. A person shall not knowingly send or attempt to send by, or carry or attempt to carry in, any vessel, British or foreign, any dangerous goods under a false description, and shall not falsely describe the sender or carrier thereof, and if he acts in contravention of this section he shall for each offence be [liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds]. MERCHANT SHIPPING ACT 1894 - SECT 448 1875 c.77 448.(1) The master or owner of any vessel, British or foreign, may refuse to take on board any package or parcel which he suspects to contain any dangerous goods, and may require it to be opened to ascertain the fact. (2) When any dangerous goods, or any goods, which, in the judgment of the master or owner of the vessel, are dangerous goods, have been sent or brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, the master or owner of the vessel may cause those goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the master nor the owner of the vessel shall be subject to any liability, civil or criminal, in any court for so throwing the goods overboard. MERCHANT SHIPPING ACT 1894 - SECT 449 Penalty for misdescription of dangerous goods. 449.(1) Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, or under a false description, or with a false description of the sender or carrier thereof, any court having Admiralty jurisdiction may declare those goods, and any package or receptacle in which they are contained, to be, and they shall thereupon be, forfeited, and when forfeited, shall be disposed of as the court direct. (2) The court shall have, and may exercise, the aforesaid powers of forfeiture and disposal notwithstanding that the owner of the goods has not committed any offence under the provisions of this Act relating to dangerous goods, and is not before the court, and has not notice of the proceedings, and notwithstanding that there is no evidence to show to whom the goods belong; nevertheless the court may, in their discretion, require such notice as they may direct to be given to the owner or shipper of the goods before they are forfeited. MERCHANT SHIPPING ACT 1894 - SECT 450 Power to deal with goods suspected of being dangerous. 450. The provisions of this Part of this Act relating to the carriage of dangerous goods shall be deemed to be in addition to and not in substitution for, or in restraint of, any other enactment for the like object, so nevertheless that nothing in the said provisions shall be deemed to authorise any person to be sued or prosecuted twice in the same matter. S.451 rep. by 1906 c.48 s.85 sch.2. Ss.452456 rep. by 1949 c.43 s.37(5) sch.3 S.457 rep. by 1979 c.39 s.50(4) sch.7 Pt.II MERCHANT SHIPPING ACT 1894 - SECT 458 Forfeiture of dangerous goods improperly sent or carried. 458.(1) In every contract of service, express or implied, between the owner of a ship and the master or any seaman thereof, ..., there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship, that the owner of the ship, and the master, and every agent charged with the loading of the ship, or the preparing of the ship for sea, or the sending of the ship to sea, shall use all reasonable means to insure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy condition for the voyage during the voyage. (2) Nothing in this section (a)shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable; or (b)shall apply to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any British possession. MERCHANT SHIPPING ACT 1894 - SECT 459 Saving for other enactments relating to dangerous goods. 459.(1) Where a British ship, being in any port in the United Kingdom, is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipments, or machinery [or by reason of undermanning], or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed [or for ascertaining the sufficiency of her crew] and either finally detained or released as follows: (a)The Board of Trade, if they have reason to believe, on complaint or otherwise, that a British ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed. (b)When a ship has been provisionally detained there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Board of Trade may, if they think fit, appoint some competent person or persons to survey the ship and report thereon to the Board. (c)The Board of Trade on receiving the report may either order the ship to be released or, if in their opinion the ship is unsafe, may order her to be finally detained, either absolutely, or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or re-loading of cargo, [or the manning of the ship] as the Board think necessary for the protection of human life, and the Board may vary or add to any such order. (d)Before the order for final detention is made a copy of the report shall be served upon the master of the ship, and within seven days after that service the owner or master of the ship may appeal to the court of survey for the port or district where the ship is detained in manner directed by the rules of that court. (e)Where a ship has been provisionally detained, the owner or master of the ship, at any time before the person appointed under this section to survey the ship makes that survey, may require that he shall be accompanied by such person as the owner or master may select out of the list of assessors for the court of survey, and in that case if the surveyor and assessor agree, the Board of Trade shall cause the ship to be detained or released accordingly, but if they differ, the Board of Trade may act as if the requisition had not been made, and the owner and master shall have the like appeal touching the report of the surveyor as is before provided by this section. (f)Where a ship has been provisionally detained, the Board of Trade may at any time, if they think it expedient, refer the matter to the court of survey for the port or district where the ship is detained. (g)The Board of Trade may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions. (2) Any person appointed by the Board of Trade for the purpose (in this Act referred to as a detaining officer) shall have the same power as the Board have under this section of ordering the provisional detention of a ship for the purpose of being surveyed, and of appointing a person or persons to survey her; and if he thinks that a ship so detained by him is not unsafe may order her to be released. (3) A detaining officer shall forthwith report to the Board of Trade any order made by him for the detention or release of a ship. (4) An order for the detention of a ship, provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship. (5) A ship detained under this section shall not be released by reason of her British register being subsequently closed. (6) The Board of Trade may with the consent of the Treasury appoint fit persons to act as detaining officers under this section, and may remove any such officer; and a detaining officer shall be paid such salary or remuneration (if any) out of money provided by Parliament as the Treasury direct, and shall for the purpose of his duties have all the powers of a Board of Trade inspector [under section 27 of the Merchant Shipping Act 1979]. (7) A detaining officer and a person authorised to survey a ship under this section shall for that purpose have the same power as a person appointed by a court of survey to survey a ship, and the provisions of this Act with respect to the person so appointed shall apply accordingly. MERCHANT SHIPPING ACT 1894 - SECT 460 Power to detain unsafe ships, and procedure for detention. 460.(1) If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner, for the provisional detention of a ship under this Part of this Act as an unsafe ship, the Board of Trade shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey. (2) If a ship is finally detained under this Act, or if it appears that a ship provisionally detained was, at the time of that detention, an unsafe ship within the meaning of this Part of this Act, the owner of the ship shall be liable to pay to the Board of Trade their costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable. (3) For the purpose of this section the costs of and incidental to any proceeding before a court of survey, and a reasonable amount in respect of the remuneration of the surveyor or officer of the Board of Trade, shall be part of the costs of the detention and survey of the ship, and any dispute as to the amount of those costs may be referred to one of the officers following, namely, in ... Ireland to one of the masters or registrars of the High Court, ... and the officer shall, on request by the Board of Trade, ascertain and certify the proper amount of those costs. Subs.(4) rep. by 1947 c.44 s.39 sch.2; SI 1949/1836 (I. p.1261) MERCHANT SHIPPING ACT 1894 - SECT 461 1979 c.39 461.(1) Where a complaint is made to the Board of Trade or a detaining officer that a British ship is unsafe, the Board or officer may, if they or he think fit, require the complainant to give security to the satisfaction of the Board for the costs and compensation which he may become liable to pay as hereinafter mentioned. (2) Provided that such security shall not be required where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Board or officer frivolous or vexatious, and the Board or officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained. (3) Where a ship is detained in consequence of any complaint, and the circumstances are such that the Board of Trade are liable under this Act to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Board of Trade all such costs and compensation as the Board incur or are liable to pay in respect of the detention and survey of the ship. MERCHANT SHIPPING ACT 1894 - SECT 462 Liability for costs and damages. 462. Where a foreign ship ... at a port in the United Kingdom ... is ... unsafe [by reason of the defective condition of her hull, equipments, or machinery, or] by reason of overloading or improper loading [or by reason of undermanning] the provisions of this Part of this Act with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications: (i)A copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer for the country to which the ship belongs at or nearest to the said port; (ii)Where a ship has been provisionally detained, the consular officer, on the request of the owner or master of the ship, may require that the person appointed by the Board of Trade to survey the ship shall be accompanied by such person as the consular officer may select, and in that case, if the surveyor and that person agree, the Board of Trade shall cause the ship to be detained or released accordingly, but if they differ, the Board of Trade may act as if the requisition had not been made, and the owner and master shall have the like appeal to a court of survey touching the report of the surveyor as is hereinbefore provided in the case of a British ship; and (iii)Where the owner or master of the ship appeals to the court of survey, the consular officer, on his request, may appoint a competent person to be assessor in the case in lieu of the assessor who, if the ship were a British ship, would be appointed otherwise than by the Board of Trade. MERCHANT SHIPPING ACT 1894 - SECT 463 Power to require from complainant security for costs. 463.(1) Whenever in any proceeding against any seaman ... belonging to any ship for the offence of desertion, or absence without leave or for otherwise being absent from his ship without leave, it is alleged by one-fourth, or if their number exceeds twenty by not less than five, of the seamen belonging to the ship, that the 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 the ship is insufficient, the court having cognisance of the case shall take such means as may be in their power to satisfy themselves concerning the truth or untruth of the allegation, and shall for that purpose receive the evidence of the persons making the same, and may summon any other witnesses whose evidence they may think is desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but if not so satisfied shall before adjudication cause the ship to be surveyed. (2) A seaman ... charged with desertion, or with quitting his ship without leave, shall not have any right to apply for a survey under this section unless he has before quitting his ship complained to the master of the circumstances so alleged in justification. (3) For the purposes of this section the court shall require any surveyor of ships appointed under this Act, or any person appointed for the purpose by the Board of Trade, or, if such a 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 think fit to put. (4) Such surveyor or other person shall survey the ship, and make his written report to the court, including an answer to every question put to him by the court, and the court shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the questions before them in accordance with those opinions. (5) Any person making a survey under this section shall for the purposes thereof have all the powers of a Board of Trade inspector [under section 27 of the Merchant Shipping Act 1979]. (6) 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. (7) If it is proved that the ship is in a fit condition to proceed to sea, or that the accommodation is sufficient, as the case may be, the costs of the survey shall be paid by the person 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 that person, and shall be paid over to the Board of Trade. (8) If it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation is insufficient, as the case may be, the master or owner of the ship shall pay the costs of the survey to the Board of Trade, and shall be liable to pay to the seaman ..., who has been detained in consequence of the said proceeding before the court under this section, such compensation for his detention as the court may award. Survey of ships alleged by seamen to be unseaworthy. [ MERCHANT SHIPPING ACT 1894 - SECT 464 464. For the purpose of inquiries and investigations under this Part of this Act a shipping casualty shall be deemed to occur (1)When on or near the coasts of the United Kingdom any ship is lost, abandoned, or materially damaged; (2)When on or near the coasts of the United Kingdom any ship has been stranded or damaged, and any witness is found in the United Kingdom; (3)When on or near the coasts of the United Kingdom any ship causes loss or material damage to any other ship; (4)When any loss of life [or serious personal injury] ensues by reason of any casualty happening to or on board any ship [, or any boat or life-raft from a ship,] on or near the coasts of the United Kingdom; (5) When in any place any such loss, abandonment, material damage, or casualty as above mentioned occurs, and any witness is found in the United Kingdom; (6)When in any place any British ship is stranded or damaged, and any witness is found in the United Kingdom; (7)When any British ship is lost or is supposed to have been lost, and any evidence is obtainable in the United Kingdom as to the circumstances under which she proceeded to sea or was last heard of; [(8)When events occur which the Secretary of State determines are of a kind likely to cause events which, if they occurred, would constitute a shipping casualty by virtue of any of the preceding paragraphs.]][ MERCHANT SHIPPING ACT 1894 - SECT 465 1979 c.39 465.(1) Where a shipping casualty has occurred a preliminary inquiry may be held respecting the casualty by the following persons; namely, (a)Where the shipping casualty occurs on or near the coasts of the United Kingdom, by the inspecting officer of the coastguard or chief officer of customs residing at or near the place at which the casualty occurs; or (b)Where the shipping casualty occurs elsewhere, by the inspecting officer of the coastguard or chief officer of customs residing at or near any place at which the witnesses with respect to the casualty arrive or are found or can be conveniently examined; or (c)In any case by any person appointed for the purpose by the Board of Trade. (2) For the purpose of any such inquiry the person holding the same shall have the powers of a Board of Trade inspector [under section 27 of the Merchant Shipping Act 1979].][ MERCHANT SHIPPING ACT 1894 - SECT 466 Preliminary inquiry into shipping casualties. 466.(1) A person authorised as aforesaid to make a preliminary inquiry shall in any case where it appears to him requisite or expedient (whether upon a preliminary inquiry or without holding such an inquiry) that a formal investigation should be held, and in any case where the Board of Trade so directs, apply to a court of summary jurisdiction to hold a formal investigation, and that court shall thereupon hold the formal investigation. (2) A wreck commissioner appointed under this Act shall at the request of the Board of Trade hold any formal investigation into a shipping casualty under this section, and any reference to the court holding an investigation under this section includes a wreck commissioner holding such an investigation. (3) The court holding any such formal investigation shall hold the same with the assistance of one or more assessors of nautical, engineering, or other special skill or knowledge, to be appointed out of a list of persons for the time being approved for the purpose by a Secretary of State in such manner and according to such regulations as may be prescribed by rules made under this Part of this Act with regard thereto. (4) Where a formal investigation involves or appears likely to involve any question as to the cancelling or suspension of the certificate of a master, mate, or engineer, the court shall hold the investigation with the assistance of not less than two assessors having experience in the merchant service. (5) It shall be the duty of the person who has applied to a court to hold a formal investigation to superintend the management of the case, and to render such assistance to the court as is in his power. (6) The court after hearing the case shall make a report to the Board of Trade containing a full statement of the case and of the opinion of the court thereon, accompanied by such report of, or extracts from, the evidence, and such observations as the court think fit. (7) Each assessor shall either sign the report or state in writing to the Board of Trade his dissent therefrom and the reasons for that dissent. (8) The court may make such order as the court think fit respecting the costs of the investigation, or any part thereof, and such order shall be enforced by the court as an order for costs under the Summary Jurisdiction Acts. (9) The Board of Trade may, if in any case they think fit so to do, pay the costs of any such formal investigation. (10) For the purposes of this section the court holding a formal investigation shall have all the powers of a court of summary jurisdiction when acting as a court in exercise of their ordinary jurisdiction. (11) Every formal investigation into a shipping casualty shall be conducted in such manner that if a charge is made against any person, that person shall have an opportunity of making a defence. (12) Formal investigations into shipping casualties under this section shall be held in some town hall, assize or county court, or public building, or in some other suitable place to be determined according to rules made under this Part of this Act with regard thereto, and, unless no other suitable place is in the opinion of the Board of Trade available, shall not be held in a court ordinarily used as a police court, and all enactments relating to the court shall for the purposes of the investigation have effect as if the place at which the court is held were a place appointed for the exercise of the ordinary jurisdiction of the court.][ MERCHANT SHIPPING ACT 1894 - SECT 467 1979 c.39 467.(1) The list of persons approved as assessors for the purpose of formal investigations into shipping casualties shall be in force for three years only, but persons whose names are on any such list may be approved for any subsequent list. (2) The Secretary of State may at any time add or withdraw the name of any person to or from the list.] Subs.(3) spent[ MERCHANT SHIPPING ACT 1894 - SECT 468 Formal investigation of shipping casualties. 468. When any loss of life arises by reason of any casualty happening to or on board any boat belonging to a fishing vessel, the Board of Trade may, if they think fit, cause an inquiry to be made or a formal investigation to be held as in the case of a shipping casualty, and the provisions of this Act relating thereto shall apply accordingly.] List of assessors. [ MERCHANT SHIPPING ACT 1894 - SECT 469 469. The Board of Trade may suspend or cancel the certificate of any master, mate, or engineer if it is shown that he has been convicted of any offence.][ MERCHANT SHIPPING ACT 1894 - SECT 470 Inquiry in case of loss of life from fishing vessel's boat. 470.(1) The certificate of a master, mate, or engineer may be cancelled or suspended (a)by a court holding a formal investigation into a shipping casualty under this Part of this Act, or by a naval court constituted under this Act, if the court find that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default, provided that, if the court holding a formal investigation is a court of summary jurisdiction, that court shall not cancel or suspend a certificate unless one at least of the assessors concurs in the finding of the court: (b)by a court holding an inquiry under this Part of this Act into the conduct of a master, mate, or engineer, if they find that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness, or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under the Fifth Part of this Act: (c)by any naval or other court where under the powers given by this Part of this Act the holder of the certificate is superseded or removed by that court. (2) Where any case before any such court as aforesaid involves a question as to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which they have come with respect to the cancelling or suspending thereof. (3) The court shall in all cases send a full report on the case with the evidence to the Board of Trade, and shall also, if they determine to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade with their report. (4) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished before the commencement of the investigation or inquiry to the holder of the certificate.][ MERCHANT SHIPPING ACT 1894 - SECT 471 Power of Board of Trade as to certificate. 471.(1) If the Board of Trade, either on the report of a local marine board or otherwise, have reason to believe that any master, mate, or certificated engineer is from incompetency or misconduct unfit to discharge his duties, or that in a case of collision he has failed to render such assistance or give such information as is required under the Fifth Part of this Act, the Board may cause an inquiry to be held. (2) The Board may either themselves appoint a person to hold the inquiry or direct the local marine board at or nearest the place at which it is convenient for the parties or witnesses to attend to hold the same, or where there is no local marine board before which the parties and witnesses can conveniently attend, or the local marine board is unwilling to hold the inquiry, may direct the inquiry to be held before a court of summary jurisdiction. (3) Where the inquiry is held by a local marine board, or by a person appointed by the Board of Trade, that board or person (a)shall hold the inquiry, with the assistance of a local stipendiary magistrate, or, if there is no such magistrate available, of a competent legal assistant appointed by the Board of Trade; and (b)shall have all the powers of a Board of Trade inspector [under section 27 of the Merchant Shipping Act 1979]; and (c)shall give any master, mate, or engineer against whom a charge is made an opportunity of making his defence either in person or otherwise, and may summon him to appear; and (d)may make such order with regard to the costs of the inquiry as they think just; and (e)shall send a report upon the case to the Board of Trade. (4) Where the inquiry is held by a court of summary jurisdiction, the inquiry shall be conducted and the results reported in the same manner, and the court shall have the like powers, as in the case of a formal investigation into a shipping casualty under this Part of this Act, provided that, if the Board of Trade so direct, it shall be the duty of the person who has brought the charge against the master, mate, or engineer, to the notice of the Board of Trade, to conduct the case, and that person shall in that case, for the purpose of this Act, be deemed to be the party having the conduct of the case.][ MERCHANT SHIPPING ACT 1894 - SECT 472 Inquiry into conduct of certificated officer. 472.(1) Any of the following courts; namely, In ... Ireland the High Court, (2) The removal may be made upon the application of any owner of the ship or his agent, or of the consignee of the ship, or of any certificated mate, or of one-third or more of the crew of the ship. (3) The court may appoint a new master instead of the one removed; but, where the owner, agent or consignee of the ship is within the jurisdiction of the court, such an appointment shall not be made without the consent of that owner, agent, or consignee. (4) The court may also make such order and require such security in respect of the costs of the matter as the court thinks fit.][ MERCHANT SHIPPING ACT 1894 - SECT 473 1979 c.39 473.(1) A master, mate, or engineer whose certificate is cancelled or suspended by any court or by the Board of Trade shall deliver his certificate (a)if cancelled or suspended by a court to that court on demand: (b)if not so demanded, or if it is cancelled or suspended by the Board of Trade, to that Board, or as that Board direct. (2) If a master, mate, or engineer fail to comply with this section, he shall, for each offence, be liable to a fine not exceeding fifty pounds.][ MERCHANT SHIPPING ACT 1894 - SECT 474 Removal of master by Admiralty Court. 474. The Board of Trade may, if they think that the justice of the case requires it, re-issue and return the certificate of a master, mate, or engineer which has been cancelled or suspended, whether in the United Kingdom or in a British possession, or shorten the time for which it is suspended, or grant in place thereof a certificate of the same or any lower grade.] Delivery of certificate cancelled or suspended. [ MERCHANT SHIPPING ACT 1894 - SECT 475 475.(1) The Board of Trade may, in any case where under this Part of this Act a formal investigation as aforesaid into a shipping casualty, or an inquiry into the conduct of a master, mate, or engineer has been held, order the case to be re-heard either generally or as to any part thereof, and shall do so (a)if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or (b)if for any other reason there has in their opinion been ground for suspecting that a miscarriage of justice has occurred. (2) The Board of Trade may order the case to be re-heard, either by the court or authority by whom the case was heard in the first instance, or by the wreck commissioner, or in ... Ireland by the High Court, ..., and the case shall be so re-heard accordingly. (3) Where on any such investigation or inquiry, a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate, or engineer, and an application for a re-hearing under this section has not been made or has been refused, an appeal shall lie from the decision to the following courts; namely, (c)If the decision is given in Ireland, to the High Court in Ireland. (4) Any re-hearing or appeal under this section shall be subject to and conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part of this Act.] Power of Board of Trade to restore certificate. [ MERCHANT SHIPPING ACT 1894 - SECT 476 476.(1) Where a stipendiary magistrate is in any place a member of the local marine board, a formal investigation at that place into a shipping casualty shall, whenever he happens to be present, be held before that stipendiary magistrate. (2) There shall be paid out of the Mercantile Marine Fund to the stipendiary magistrate, if he is not remunerated out of money provided by Parliament under this Act, such remuneration by way of an annual increase of salary, or otherwise, as a Secretary of State, with the consent of the Board of Trade, may direct.] S.477 rep. by 1970 c.36 s.100 sch.5[ MERCHANT SHIPPING ACT 1894 - SECT 479 Re-hearing of inquiries and investigations. 479.(1) The Lord Chancellor may (with the consent of the Treasury so far as relates to fees) make general rules for carrying into effect the enactments relating to formal investigations, and to the re-hearing of, or an appeal from, any investigation or inquiry held under this Part of this Act, and in particular with respect to the appointment and summoning of assessors, the procedure, the parties, the persons allowed to appear, the notice to those parties or persons or to persons affected, the amount and application of fees, and the place in which formal investigations are to be held. (2) Any rule made under this section while in force shall have effect as if it were enacted in this Act. (3) Any rule made under this section with regard to the re-hearing of, or appeals from, any investigation or inquiries, as to the appointment of assessors, and as to the place in which formal investigations are to be held, shall be laid before both Houses of Parliament as soon as may be after it is made.] Investigations before stipendiary magistrate. [ MERCHANT SHIPPING ACT 1894 - SECT 480 480. A court (in this Act called a naval court) may be summoned by any officer in command of any of Her Majesty's ships on any foreign station, or, in the absence of such an officer, by any consular officer, in the following cases; (that is to say), (i)Whenever a complaint which appears to that officer to require immediate investigation is made to him by the master of any British ship, or by a certificated mate, or by any one or more of the seamen belonging to any such ship; (ii)Whenever the interest of the owner of any British ship or of the cargo thereof appears to that officer to require it; and (iii)Whenever any British ship is wrecked, abandoned, or otherwise lost at or near the place where that officer may be, or whenever the crew or part of the crew of any British ship which has been wrecked, abandoned or lost abroad arrive at that place.][ MERCHANT SHIPPING ACT 1894 - SECT 481 Rules as to investigations and inquiries. 481.(1) A naval court shall consist of not more than five and not less than three members, of whom, if possible, one shall be an officer in the naval service of Her Majesty not below the rank of lieutenant, one a consular officer, and one a master of a British merchant ship, and the rest shall be either officers in the naval service of Her Majesty, masters of British merchant ships, or British merchants, and the court may include the officer summoning the same, but shall not include the master or consignee of the ship to which the parties complaining or complained against belong. (2) The naval or consular officer in the court, if there is only one such officer, or, if there is more than one, the naval or consular officer who, according to any regulations for settling their respective ranks for the time being in force, is of the highest rank, shall be the president of the court.][ MERCHANT SHIPPING ACT 1894 - SECT 482 Cases in which naval courts may be summoned. 482.(1) A naval court shall hear the complaint or other matter brought before them under this Act, or investigate the cause of the wreck, abandonment, or loss, and shall do so in such manner as to give every person against whom any complaint or charge is made an opportunity of making a defence. (2) A naval court may, for the purpose of the hearing and investigation, administer an oath, summon parties and witnesses, and compel their attendance and the production of documents.][ MERCHANT SHIPPING ACT 1894 - SECT 483 Constitution of naval courts. 483.(1) Every naval court may, after hearing and investigating the case, exercise the following powers; (that is to say), (a)The court may, if unanimous that the safety of the ship or crew or the interest of the owner absolutely requires it, remove the master, and appoint another person to act in his stead; but no such appointment shall be made without the consent of the consignee of the ship if at the place where the case is heard: (b)The court may, in cases in which they are authorised by this Act and subject to the provisions of this Act, cancel or suspend the certificate of any master, mate, or engineer: (c)The court may discharge a seaman from his ship: (d)The court may order the wages of a seaman so discharged or any part of those wages to be forfeited, and may direct the same either to be retained by way of compensation to the owner, or to be paid into the Exchequer, in the same manner as fines under this Act: (e)The court may decide any questions as to wages or fines or forfeitures arising between any of the parties to the proceedings: (f)The court may direct that all or any of the costs incurred by the master or owner of any ship in procuring the imprisonment of any seaman or apprentice in a foreign port, or in his maintenance whilst so imprisoned, shall be paid out of and deducted from the wages of that seaman or apprentice, whether then or subsequently earned: (g)The court may exercise the same powers with regard to persons charged before them with the commission of offences at sea or abroad as British consular officers can under the Thirteenth Part of this Act: (h)The court may punish any master of a ship or any of the crew of a ship respecting whose conduct a complaint is brought before them for any offence against this Act, which, when committed by the said master or member of the crew, is punishable on summary conviction, and shall for that purpose have the same powers as a court of summary jurisdiction would have if the case were tried in the United Kingdom: Provided that Para.(i) rep. by 1950 c.9 (14 Geo.6) s.3(8) (ii)copies of all sentences passed by any naval court summoned to hear any such complaint as aforesaid, shall be sent to the commander-in-chief or senior naval officer of the station: (j)The court may, if it appears expedient, order a survey of any ship which is the subject of investigation to be made, and such survey shall accordingly be made, in the same way, and the surveyor who makes the same shall have the same powers as if such survey had been directed by a competent court in pursuance of the Fifth Part of this Act, in the course of proceedings against a seaman or apprentice for the offence of desertion: (k)The court may order the costs of the proceedings before them, or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby; and any costs or compensation so ordered to be paid shall be paid by that person accordingly, and may be recovered in the same manner in which the wages of seamen are recoverable, or may, if the case admits, be deducted from the wages due to that person. (2) All orders duly made by a naval court under the powers hereby given to it, shall in any subsequent legal proceedings be conclusive as to the rights of the parties. (3) All orders made by any naval court shall, whenever practicable, be entered in the official log-book of the ship to which the parties to the proceedings before the court belong, and signed by the president of the court.][ MERCHANT SHIPPING ACT 1894 - SECT 484 Functions of naval courts. 484.(1) Every naval court shall make a report to the Board of Trade containing the following particulars; (that is to say), (a)A statement of the proceedings of the court, together with the order made by the court, and a report of the evidence; (b)An account of the wages of any seaman or apprentice who is discharged from his ship by the court; (c)If summoned to inquire into a case of wreck or abandonment, a statement of the opinion of the court as to the cause of that wreck or abandonment, with such remarks on the conduct of the master and crew as the circumstances require. (2) Every such report shall be signed by the president of the court, and shall be admissible in evidence in manner provided by this Act.][ MERCHANT SHIPPING ACT 1894 - SECT 485 Powers of naval courts. 485. If any person wilfully and without due cause prevents or obstructs the making of any complaint to an officer empowered to summon a naval court, or the conduct of any hearing or investigation by any naval court, he shall for each offence be liable to a fine not exceeding fifty pounds, or be liable to imprisonment, ... for any period not exceeding twelve weeks.][ MERCHANT SHIPPING ACT 1894 - SECT 486 Report of proceedings of naval courts. 486.(1) The provisions of this Part of this Act with regard to naval courts on the high seas and abroad shall apply to all sea-going ships registered in the United Kingdom (with the exception ... of fishing boats exclusively employed in fishing on the coasts of the United Kingdom) and to all ships registered in a British possession, when those ships are out of the jurisdiction of their respective governments, and where they apply to a ship, shall apply to the owners, master, and crew of that ship. (2) For the purpose of the said provisions an unregistered British ship shall be deemed to have been registered in the United Kingdom.] Penalty for preventing complaint or obstructing investigation. MERCHANT SHIPPING ACT 1894 - SECT 487 487.(1) A court of survey for a port or district shall consist of a judge sitting with two assessors. (2) The judge shall be such person as may be summoned for the case in accordance with the rules made under this Act with respect to that court, out of a list approved for the port or district by a Secretary of State, of wreck commissioners appointed under this Act, stipendiary or metropolitan police magistrates, judges of county courts, and other fit persons; but in any special case in which the Board of Trade think it expedient to appoint a wreck commissioner, the judge shall be such wreck commissioner. (3) The assessors shall be persons of nautical, engineering, or other special skill and experience; subject to the provisions of the Fifth Part of this Act as regards foreign ships, one of them shall be appointed by the Board of Trade, either generally or in each case, and the other shall be summoned, in accordance with the rules made as aforesaid, by the registrar of the court, out of a list of persons periodically nominated for the purpose ..., by a body of local ship owners or merchants approved for the purpose by a Secretary of State, or, if there is no such list, shall be appointed by the judge: If a Secretary of State thinks fit at any time, on the recommendation of the government of any British possession or any foreign country, to add any persons to any such list, those persons shall, until otherwise directed by the Secretary of State, be added to the list, and if there is no such list shall form the list. (4) The county court registrar or such other fit person as a Secretary of State may from time to time appoint shall be the registrar of the court, and shall, on receiving notice of an appeal or a reference from the Board of Trade, immediately summon the court to meet forthwith in manner directed by the rules. (5) The name of the registrar and his office, together with the rules made as aforesaid, relating to the court of survey, shall be published in the manner directed by the rules. (7) In the application of this section to Ireland the expression "stipendiary magistrate" includes ... any resident magistrate. MERCHANT SHIPPING ACT 1894 - SECT 488 Application of provisions as to naval courts. 488.(1) The court of survey shall hear every case in open court. (2) The judge and each assessor of the court may survey the ship, and shall have for the purposes of this Act all the powers of a Board of Trade inspector [under section 27 of the Merchant Shipping Act 1979]. (3) The judge of the court may appoint any competent person or persons to survey the ship and report thereon to the court. (4) The judge of the court, any assessor of the court, and any person appointed by the judge of the court to survey a ship, may go on board the ship and inspect the same and every part thereof, and the machinery, equipments, and cargo, and may require the unloading or removal of any cargo, ballast, or tackle, and any person who wilfully impedes such judge, assessor, or person in the execution of the survey, or fails to comply with any requisition made by him, shall for each offence be liable to a fine not exceeding [#1,000]. (5) The judge of the court shall have the same power as the Board of Trade have to order the ship to be released or finally detained, but, unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released. (6) The owner and master of the ship and any person appointed by the owner or master, and also any person appointed by the Board of Trade, may attend at any inspection or survey made in pursuance of this section. (7) The judge of the court shall send to the Board of Trade such report as may be directed by the rules, and each assessor shall either sign the report or report to the Board of Trade the reasons for his dissent. MERCHANT SHIPPING ACT 1894 - SECT 489 Power and procedure of court of survey. 489. The Lord Chancellor may (with the consent of the Treasury so far as relates to fees) make general rules to carry into effect the provisions of this Act with respect to a court of survey, and in particular with respect to the summoning of, and procedure before, the court, the requiring on an appeal security for costs and damages, the amount and application of fees, and the publication of the rules, and those rules shall have effect as if enacted in this Act. 1979 c.39 MERCHANT SHIPPING ACT 1894 - SECT 490 490.(1) If the Board of Trade are of opinion that an appeal to a court of survey involves a question of construction or design or of scientific difficulty or important principle, they may refer the matter to such one or more out of a list of scientific referees from time to time approved by a Secretary of State, as may appear to possess the special qualifications necessary for the particular case, and may be selected by agreement between the Board of Trade and the appellant, or in default of any such agreement by a Secretary of State, and thereupon the appeal shall be determined by the referee or referees, instead of by the court of survey. (2) The Board of Trade, if the appellant in any appeal so requires and gives security to the satisfaction of the Board to pay the costs of and incidental to the reference, shall refer that appeal to a referee or referees so selected as aforesaid. (3) The referee or referees shall have the same powers as a judge of the court of survey. S.491 rep. by 1970 c.36 s.100 sch.5 Rules for procedure of court of survey, &c. MERCHANT SHIPPING ACT 1894 - SECT 492 492. In this Part of this Act, unless the context otherwise requires The expression "goods" includes every description of wares and merchandise: The expression "wharf" includes all wharves, quays, docks, and premises in or upon which any goods, when landed from ships, may be lawfully placed: The expression "warehouse" includes all warehouses, buildings, and premises in which goods, when landed from ships, may be lawfully placed: The expression "report" means the report required by the [customs or excise laws] to be made by the master of an importing ship: The expression "entry" means the entry required by the [customs or excise laws] to be made for the landing or discharge of goods from an importing ship: The expression "shipowner" includes the master of the ship and every other person authorised to act as agent for the owner or entitled to receive the freight, demurrage, or other charges payable in respect of the ship: The expression "owner" used in relation to goods means every person who is for the time entitled, either as owner or agent for the owner, to the possession of the goods, subject in the case of a lien (if any), to that lien: The expression "wharfinger" means the occupier of a wharf as hereinbefore defined: The expression "warehouseman" means the occupier of a warehouse as hereinbefore defined. MERCHANT SHIPPING ACT 1894 - SECT 493 Reference in difficult cases to scientific persons. 493.(1) Where the owner of any goods imported in any ship from foreign parts into the United Kingdom fails to make entry thereof, or, having made entry thereof, to land the same or take delivery thereof, and to proceed therewith with all convenient speed, by the times severally hereinafter mentioned, the shipowner may make entry of and land or unship the goods at the following times: (a)If a time for the delivery of the goods is expressed in the charter party, bill of lading, or agreement, then at any time after the time so expressed: (b)If no time for the delivery of the goods is expressed in the charter party, bill of lading, or agreement, then at any time after the expiration of seventy-two hours, exclusive of a Sunday or holiday, from the time of the report of the ship. (2) Where a shipowner lands goods in pursuance of this section he shall place them, or cause them to be placed (a)if any wharf or warehouse is named in the charter party, bill of lading, or agreement, as the wharf or warehouse where the goods are to be placed and if they can be conveniently there received, on that wharf or in that warehouse; and (b)in any other case on some wharf or in some warehouse on or in which goods of a like nature are usually placed; the wharf or warehouse being, if the goods are dutiable, a wharf or warehouse duly approved by the Commissioners of Customs for the landing of dutiable goods. (3) If at any time before the goods are landed or unshipped the owner of the goods is ready and offers to land or take delivery of the same, he shall be allowed to do so, and his entry shall in that case be preferred to any entry which may have been made by the shipowner. (4) If any goods are, for the purpose of convenience in assorting the same, landed at the wharf where the ship is discharged, and the owner of the goods at the time of that landing has made entry and is ready and offers to take delivery thereof, and to convey the same to some other wharf or warehouse, the goods shall be assorted at landing, and shall, if demanded, be delivered to the owner thereof within twenty-four hours after assortment; and the expense of and consequent on that landing and assortment shall be borne by the shipowner. (5) If at any time before the goods are landed or unshipped the owner thereof has made entry for the landing and warehousing thereof at any particular wharf or warehouse other than that at which the ship is discharging, and has offered and been ready to take delivery thereof, and the shipowner has failed to make that delivery, and has also failed at the time of that offer to give the owner of the goods correct information of the time at which the goods can be delivered, then the shipowner shall, before landing or unshipping the goods, in pursuance of this section, give to the owner of the goods or of such wharf or warehouse as last aforesaid twenty-four hours notice in writing of his readiness to deliver the goods, and shall, if he lands or unships the same without that notice, do so at his own risk and expense. MERCHANT SHIPPING ACT 1894 - SECT 494 Definitions under Part VII. 494. If at the time when any goods are landed from any ship, and placed in the custody of any person as a wharfinger or warehouseman, the shipowner gives to the wharfinger or warehouseman notice in writing that the goods are to remain subject to a lien for freight or other charges payable to the shipowner to an amount mentioned in the notice, the goods so landed shall, in the hands of the wharfinger or warehouseman, continue subject to the same lien, if any, for such charges as they were subject to before the landing thereof; and the wharfinger or warehouseman receiving those goods shall retain them until the lien is discharged as hereinafter mentioned, and shall, if he fails so to do, make good to the shipowner any loss thereby occasioned to him. MERCHANT SHIPPING ACT 1894 - SECT 495 Power of shipowner to enter and land goods on default by owner of goods. 495. The said lien for freight and other charges shall be discharged (1)upon the production to the wharfinger or warehouseman of a receipt for the amount claimed as due, and delivery to the wharfinger or warehouseman of a copy thereof or of a release of freight from the shipowner, and (2)upon the deposit by the owner of the goods with the wharfinger or warehouseman of a sum of money equal in amount to the sum claimed as aforesaid by the shipowner; Lien for freight on landing goods. MERCHANT SHIPPING ACT 1894 - SECT 496 496.(1) When a deposit as aforesaid is made with the wharfinger or warehouseman, the person making the same may, within fifteen days after making it, give to the wharfinger or warehouseman notice in writing to retain it, stating in the notice the sums, if any, which he admits to be payable to the shipowner, or, as the case may be, that he does not admit any sum to be so payable, but if no such notice is given, the wharfinger or warehouseman may, at the expiration of the fifteen days, pay the sum deposited over to the shipowner. (2) If a notice is given as aforesaid the wharfinger or warehouseman shall immediately apprise the shipowner of it, and shall pay or tender to him out of the sum deposited the sum, if any, admitted by the notice to be payable, and shall retain the balance, or, if no sum is admitted to be payable, the whole of the sum deposited, for thirty days from the date of the notice. (3) At the expiration of those thirty days unless legal proceedings have in the meantime been instituted by the shipowner against the owner of the goods to recover the said balance or sum, or otherwise for the settlement of any disputes which may have arisen between them concerning the freight or other charges as aforesaid, and notice in writing of those proceedings has been served on the wharfinger or warehouseman, the wharfinger or warehouseman shall pay the balance or sum to the owner of the goods. (4) A wharfinger or warehouseman shall by any payment under this section be discharged from all liability in respect thereof. MERCHANT SHIPPING ACT 1894 - SECT 497 Discharge of lien. 497.(1) If the lien is not discharged, and no deposit is made as aforesaid, the wharfinger or warehouseman may, and, if required by the shipowner, shall, at the expiration of ninety days from the time when the goods were placed in his custody, or, if the goods are of a perishable nature, at such earlier period as in his discretion he thinks fit, sell by public auction, either for home use or for exportation, the goods or so much thereof as may be necessary to satisfy the charges hereinafter mentioned. (2) Before making the sale the wharfinger or warehouseman shall give notice thereof by advertisement in two local newspapers circulating in the neighbourhood, or in one daily newspaper published in London, and in one local newspaper, and also, if the address of the owner of the goods has been stated on the manifest of the cargo, or on any of the documents which have come into the possession of the wharfinger or warehouseman, or is otherwise known to him, send notice of the sale to the owner of the goods by post. (3) The title of a bona fide purchaser of the goods shall not be invalidated by reason of the omission to send the notice required by this section, nor shall any such purchaser be bound to inquire whether the notice has been sent. MERCHANT SHIPPING ACT 1894 - SECT 498 Provisions as to deposits by owners of goods. 498. The proceeds of sale shall be applied by the wharfinger or warehouseman as follows, and in the following order: (i)First, if the goods are sold for home use, in payment of any customs or excise duties owing in respect thereof; then (ii)In payment of the expenses of the sale; then (iii)In payment of the charges of the wharfinger or warehouseman and the shipowner according to such priority as may be determined by the terms of the agreement (if any) in that behalf between them; or, if there is no such agreement (a)in payment of the rent, rates, and other charges due to the wharfinger or warehouseman in respect of the said goods; and then (b)in payment of the amount claimed by the shipowner as due for freight or other charges in respect of the said goods; Sale of goods by warehousemen. MERCHANT SHIPPING ACT 1894 - SECT 499 499. Whenever any goods are placed in the custody of a wharfinger or warehouseman, under the authority of this Part of this Act, the wharfinger or warehouseman shall be entitled to rent in respect of the same, and shall also have power, at the expense of the owner of the goods, to do all such reasonable acts as in the judgment of the wharfinger or warehouseman are necessary for the proper custody and preservation of the goods, and shall have a lien on the goods for the rent and expenses. MERCHANT SHIPPING ACT 1894 - SECT 500 Application of proceeds of sale. 500. Nothing in this Part of this Act shall compel any wharfinger or warehouseman to take charge of any goods which he would not have been liable to take charge of if this Act had not been passed; nor shall he be bound to see to the validity of any lien claimed by any shipowner under this Part of this Act. MERCHANT SHIPPING ACT 1894 - SECT 501 Warehouseman's rent and expenses. 501. Nothing in this Part of this Act shall take away or abridge any powers given by any local Act to any harbour authority, body corporate, or persons, whereby they are enabled to expedite the discharge of ships or the landing or delivery of goods; nor shall anything in this Part of this Act take away or diminish any rights or remedies given to any shipowner or wharfinger or warehouseman by any local Act. Warehousemen's protection. [ MERCHANT SHIPPING ACT 1894 - SECT 502 502. The owner of a British ... ship, or any share therein, shall not be liable to make good to any extent whatever any loss or damage happening without his actual fault or privity in the following cases; namely, (i)Where any goods, merchandise, or other things whatsoever taken in or put on board his ship are lost or damaged by reason of fire on board the ship; or (ii)Where any gold, silver, diamonds, watches, jewels, or precious stones taken in or put on board his ship, the true nature and value of which have not at the time of shipment been declared by the owner or shipper thereof to the owner or master of the ship in the bills of lading or otherwise in writing, are lost or damaged by reason of any robbery, embezzlement, making away with, or secreting thereof.][ MERCHANT SHIPPING ACT 1894 - SECT 503 Saving for powers under local Acts. 503.(1) The owners of a ship, British or foreign, shall not, where all or any of the following occurrences take place without their actual fault or privity; (that is to say), (a)Where any loss of life or personal injury is caused to any person being carried in the ship; (b)Where any damage or loss is caused to any goods, merchandise, or other things whatsoever on board the ship; (d)Where any loss or damage is caused to any property (other than any property mentioned in paragraph (b) of this subsection) or any rights are infringed through the act or omission of any person (whether on board the ship or not) in the navigation or management of the ship, or in the loading, carriage or discharge of its cargo or in the embarkation, carriage or disembarkation of its passengers, or through any other act or omission of any person on board the ship;] (i)In respect of loss of life or personal injury, either alone or together with [such loss, damage or infringement as is mentioned in paragraphs (b) and (d) of this subsection], an aggregate amount not exceeding [an amount equivalent to three thousand one hundred gold francs] for each ton of their ship's tonnage; and (ii)In respect of [such loss, damage or infringement as is mentioned in paragraphs (b) and (d) of this subsection), whether there be in addition loss of life or personal injury or not, an aggregate amount not exceeding [an amount equivalent to one thousand gold francs] for each ton of their ship's tonnage. (2) For the purposes of this section (a)The tonnage of a steam ship shall be her [registered tonnage with the addition of any engine-room space deducted for the purpose of ascertaining that tonnage]; and the tonnage of a sailing ship shall be her registered tonnage: Proviso rep. by 1948 c.44 s.4(3) (b)Where a foreign ship has been or can be measured according to British law, her tonnage, as ascertained by that measurement shall, for the purpose of this section, be deemed to be her tonnage. (c)Where a foreign ship has not been and cannot be measured according to British law, the surveyor-general of ships in the United Kingdom, or the chief measuring officer of any British possession abroad, shall, on receiving from or by the direction of the court hearing the case, in which the tonnage of the ship is in question, such evidence concerning the dimensions of the ship as it may be practicable to furnish, give a certificate under his hand stating what would in his opinion have been the tonnage of the ship if she had been duly measured according to British law, and the tonnage so stated in that certificate shall, for the purposes of this section, be deemed to be the tonnage of the ship. [(3) The limits set by this section to the liabilities mentioned therein shall apply to the aggregate of such liabilities which are incurred on any distinct occasion, and shall so apply in respect of each distinct occasion without regard to any liability incurred on another occasion.]][ MERCHANT SHIPPING ACT 1894 - SECT 504 Limitation of shipowner's liability in certain cases of loss of, or damage to, goods. 504. Where any liability is alleged to have been incurred by the owner of a British or foreign ship [in respect of any occurrence in respect of which his liability is limited under section five hundred and three of this Act], and several claims are made or apprehended in respect of that liability, then, the owner may apply in ... Ireland to the High Court, ... and that court may determine the amount of the owner's liability and may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such regulations as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the owner, and as to payment of any costs, as the court thinks just.][ MERCHANT SHIPPING ACT 1894 - SECT 505 Limitation of owner's liability in certain cases of loss of life, injury, or damage. 505. All sums paid for or on account of any loss or damage in respect whereof the liability of owners is limited under the provisions of this Part of this Act, and all costs incurred in relation thereto, may be brought into account among part owners of the same ship in the same manner as money disbursed for the use thereof.][ MERCHANT SHIPPING ACT 1894 - SECT 506 Power of courts to consolidate claims against owners, &c. 506. An insurance effected against the happening, without the owner's actual fault or privity, of any or all of the events in respect of which the liability of owners is limited under this Part of this Act shall not be invalid by reason of the nature of the risk.] S.507 rep. by 1970 c.36 s.100 sch.5. S.508 rep. by 1898 c.14 s.2; 1958 c.62 s.8 sch.[ MERCHANT SHIPPING ACT 1894 - SECT 509 Part owners to account in respect of damages. 509. This Part of this Act shall, unless the context otherwise requires, extend to the whole of Her Majesty's dominions.] Insurances of certain risks not invalid. MERCHANT SHIPPING ACT 1894 - SECT 510 510. In this Part of this Act, unless the context otherwise requires (1)The expression "wreck" includes jetsam, flotsam, lagan, and derelict found in or on the shores of the sea or any tidal water: (2)The expression "salvage" includes all expenses, properly incurred by the salvor in the performance of the salvage services. MERCHANT SHIPPING ACT 1894 - SECT 511 Extent of Part VIII. 511.(1) Where a British or foreign vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom, the receiver of wreck for the district in which that place is situate shall, upon being made acquainted with the circumstance, forthwith proceed there, and upon his arrival shall take the command of all persons present, and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel (in this Part of this Act referred to as shipwrecked persons) and of the cargo and apparel of the vessel. (2) If any person wilfully disobeys the direction of the receiver, he shall for each offence be liable to a fine not exceeding fifty pounds; but the receiver shall not interfere between the master and the crew of the vessel in reference to the management thereof, unless he is requested to do so by the master. MERCHANT SHIPPING ACT 1894 - SECT 512 Definition of ""wreck'' and ""salvage''. 512.(1) The receiver may, with a view to such preservation as aforesaid of shipwrecked persons or of the vessel, cargo, or apparel (a)require such persons as he thinks necessary to assist him: (b)require the master, or other person having the charge, of any vessel near at hand to give such aid with his men, or vessel, as may be in his power: (c)demand the use of any waggon, cart, or horses that may be near at hand. (2) If any person refuses without reasonable cause to comply with any such requisition or demand, that person shall, for each refusal, be liable to a fine not exceeding one hundred pounds, but a person shall not be liable to pay any duty in respect of any such waggon, cart, or horses, by reason only of the use of the same under this section. MERCHANT SHIPPING ACT 1894 - SECT 513 Duty of receiver where vessel in distress. 513.(1) Whenever a vessel is wrecked, stranded, or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives of the shipwrecked persons, or of saving the cargo or apparel of the vessel, unless there is some public road equally convenient, pass and repass, either with or without carriages or horses, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the vessel. (2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the vessel, cargo, or articles in respect of or by which the damage is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined and shall, in default of payment, be recoverable in the same manner as the amount of salvage is under this Part of this Act determined or recoverable. (3) If the owner or occupier of any land (a)impedes or hinders any person in the exercise of the rights given by this section by locking his gates, or refusing, upon request, to open the same, or otherwise; or (b)impedes or hinders the deposit of any cargo or other article recovered from the vessel as aforesaid on the land; or (c)prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit; Powers of the receiver in case of vessels in distress. MERCHANT SHIPPING ACT 1894 - SECT 514 514.(1) Whenever a vessel is wrecked, stranded, or in distress as aforesaid, and any person plunders, creates disorder, or obstructs the preservation of the vessel or of the shipwrecked persons or of the cargo or apparel of the vessel, the receiver may cause that person to be apprehended. (2) The receiver may use force for the suppression of any such plundering, disorder, or obstruction, and may command all Her Majesty's subjects to assist him in so using force. (3) If any person is killed, maimed, or hurt by reason of his resisting the receiver or any person acting under the orders of the receiver in the execution of the duties by this Part of this Act committed to the receiver, neither the receiver nor the person acting under his orders shall be liable to any punishment, or to pay any damages by reason of the person being so killed, maimed, or hurt. MERCHANT SHIPPING ACT 1894 - SECT 515 Power to pass over adjoining lands. 515. Where a vessel is wrecked, stranded, or in distress as aforesaid, and the vessel or any part of the cargo and apparel thereof, is plundered, damaged, or destroyed by any persons riotously and tumultuously assembled together, whether on shore or afloat, compensation shall be made to the owner of the vessel, cargo, or apparel: ... [In Northern Ireland, in pursuance of an application under the Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971 as modified for the purposes of this section by the Transfer of Functions (Criminal Injuries to Vessels) (Northern Ireland) Order 1973.] MERCHANT SHIPPING ACT 1894 - SECT 516 1971 c.38 516.(1) Where a receiver is not present, the following officers or persons in succession (each in the absence of the other, in the order in which they are named), namely, any chief officer of customs, principal officer of the coastguard, officer of inland revenue, sheriff, justice of the peace, commissioned officer on full pay in the naval service of Her Majesty, or commissioned officer on full pay in the military service of Her Majesty, may do anything by this Part of this Act authorised to be done by the receiver. (2) An officer acting under this section for a receiver shall, with respect to any goods or articles belonging to a vessel the delivery of which to the receiver is required by this Act, be considered as the agent of the receiver, and shall place the same in the custody of the receiver; but he shall not be entitled to any fees payable to receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled. MERCHANT SHIPPING ACT 1894 - SECT 517 SRO 1973/56 517.(1) Where any ship, British or foreign, is or has been in distress on the coasts of the United Kingdom, a receiver of wreck, or at the request of the Board of Trade a wreck commissioner or deputy approved by the Board, or, in the absence of the persons aforesaid, a justice of the peace, shall, as soon as conveniently may be, examine on oath (and they are hereby respectively empowered to administer the oath) any person belonging to the ship, or any other person who may be able to give any account thereof or of the cargo or stores thereof, as to the following matters; (that is to say), (a)The name and description of the ship; (b)The name of the master and of the owners; (c)The names of the owners of the cargo; (d)The ports from and to which the ship was bound; (e)The occasion of the distress of the ship; (f)The services rendered; and (g)Such other matters or circumstances relating to the ship, or to the cargo on board the same, as the person holding the examination thinks necessary. (2) The person holding the examination shall take the same down in writing, and shall send one copy thereof to the Board of Trade, and another to the secretary of Lloyd's in London, and the secretary shall place it in some conspicuous situation for inspection. (3) The person holding the examination shall, for the purposes thereof, have all the powers of a Board of Trade inspector [under section 27 of the Merchant Shipping Act 1979]. Examination in respect of ships in distress. MERCHANT SHIPPING ACT 1894 - SECT 518 518. Where any person finds or takes possession of any wreck within the limits of the United Kingdom he shall, (a)if he is the owner thereof, give notice to the receiver of the district stating that he has found or taken possession of the same, and describing the marks by which the same may be recognised; (b)if he is not the owner thereof, as soon as possible deliver the same to the receiver of the district: 1979 c.39 MERCHANT SHIPPING ACT 1894 - SECT 519 519.(1) Where a vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom, any cargo or other articles belonging to or separated from the vessel, which may be washed on shore or otherwise lost or taken from the vessel shall be delivered to the receiver. (2) If any person, whether the owner or not, secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the receiver or any person authorised by him to demand the same, that person shall for each offence be liable to a fine not exceeding [#500]. (3) The receiver or any person authorised as aforesaid may take any such cargo or article by force from the person so refusing to deliver the same. MERCHANT SHIPPING ACT 1894 - SECT 520 Provision as to wreck found or brought within the United Kingdom. 520. Where a receiver takes possession of any wreck he shall within forty-eight hours (a)cause to be posted in the custom house nearest to the place where the wreck was found or was seized by him a description thereof and of any marks by which is is distinguished; and (b)if in his opinion the value of the wreck exceeds twenty pounds, also transmit a similar description to the secretary of Lloyd's in London, and the secretary shall post it in some conspicuous position for inspection. MERCHANT SHIPPING ACT 1894 - SECT 521 Penalty for taking wreck at time of casualty. 521.(1) The owner of any wreck in the possession of the receiver, upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver, shall, upon paying the salvage, fees, and expenses due, be entitled to have the wreck or the proceeds thereof delivered up to him. (2) Where any articles belonging to or forming part of a foreign ship, which has been wrecked on or near the coasts of the United Kingdom, or belonging and forming part of the cargo, are found on or near those coasts, or are brought into any port in the United Kingdom, the consul-general of the country to which the ship or in the case of cargo to which the owners of the cargo may have belonged, or any consular officer of that country authorised in that behalf by any treaty or arrangement with that country, shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of the articles. MERCHANT SHIPPING ACT 1894 - SECT 522 Notice of wreck to be given by receiver. 522. A receiver may at any time sell any wreck in his custody if in his opinion (a)it is under the value of five pounds, or (b)it is so much damaged or of so perishable a nature that it cannot with advantage be kept, or (c)it is not of sufficient value to pay for warehousing, Claims of owners to wreck. MERCHANT SHIPPING ACT 1894 - SECT 523 523. Her Majesty and Her Royal successors are entitled to all unclaimed wreck found in any part of Her Majesty's dominions, except in places where Her Majesty or any of Her Royal predecessors has granted to any other person the right to that wreck. MERCHANT SHIPPING ACT 1894 - SECT 524 Immediate sale of wreck by receiver in certain cases. 524.(1) Where any admiral, vice-admiral, lord of the manor, heritable proprietor duly infeft, or other person is entitled for his own use to unclaimed wreck found on any place within the district of a receiver, he shall deliver to the receiver a statement containing the particulars of his title, and an address to which notices may be sent. (2) When a statement has been so delivered and the title proved to the satisfaction of the receiver, the receiver shall, on taking possession of any wreck found at a place to which the statement refers, within forty-eight hours send to the address delivered a description of the wreck and of any marks by which it is distinguished. MERCHANT SHIPPING ACT 1894 - SECT 525 Right of Crown to unclaimed wreck. 525. Where no owner establishes a claim to any wreck, found in the United Kingdom and in the possession of a receiver, within one year after it came into his possession, the wreck shall be dealt with as follows; (that is to say), (1)If the wreck is claimed by any admiral, vice-admiral, lord of a manor, heritable proprietor, or other person who has delivered such a statement to the receiver as hereinbefore provided, and has proved to the satisfaction of the receiver his title to receive unclaimed wreck found at the place where that wreck was found, the wreck after payment of all expenses, costs, fees, and salvage due in respect thereof, shall be delivered to him; (2)If the wreck is not claimed by any admiral, vice-admiral, lord of a manor, heritable proprietor, or other person as aforesaid, the receiver shall sell the same and shall pay the proceeds of the sale (after deducting therefrom the expenses of the sale, and any other expenses incurred by him, and his fees, and paying thereout to the salvors such amount of salvage as the Board of Trade may in each case, or by any general rule, determine) for the benefit of the Crown, as follows; (that is to say), (a)If the wreck is claimed in right of Her Majesty's duchy of Lancaster, to the receiver-general of that duchy or his deputies as part of the revenues of that duchy; (b)If the wreck is claimed in right of the duchy of Cornwall, to the receiver-general of that duchy or his deputies as part of the revenues of that duchy; and <(c)If the wreck is not so claimed, the receiver shall pay the proceeds of sale ... after the decease of Her present Majesty to her heirs and successors. MERCHANT SHIPPING ACT 1894 - SECT 526 Notice of unclaimed wreck to be given to persons entitled. 526.(1) Where any dispute arises between any such admiral, vice-admiral, lord of a manor, heritable proprietor, or other person as aforesaid and the receiver respecting title to wreck found at any place, or, where more persons than one claim title to that wreck and a dispute arises between them as to that title, that dispute may be referred and determined in the same manner as if it were a dispute as to salvage to be determined summarily under this Part of this Act. (2) If any party to the dispute is unwilling to have the same so referred and determined, or is dissatisfied with the decision on that determination, he may within three months after the expiration of a year from the time when the wreck has come into the receiver's hands, or from the date of the decision, as the case may be, take proceedings in any court having jurisdiction in the matter for establishing his title. MERCHANT SHIPPING ACT 1894 - SECT 527 Disposal of unclaimed wreck. 527. Upon delivery of wreck or payment of the proceeds of sale of wreck by a receiver, in pursuance of the provisions of this Part of this Act, the receiver shall be discharged from all liability in respect thereof, but the delivery thereof shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck, or concerning the title to the soil of the place on which the wreck was found. MERCHANT SHIPPING ACT 1894 - SECT 528 Disputed title to unclaimed wreck. 528.(1) The Board of Trade may, with the consent of the Treasury, out of the revenue arising under this Part of this Act, purchase for and on behalf of Her Majesty any rights to wreck possessed by any person other than Her Majesty. (2) For the purpose of a purchase under this section, the provisions of the Lands Clauses Acts relating to the purchase of lands by agreement shall be incorporated with this Part of this Act, and in the construction of those Acts for the purposes of this section this Part of this Act shall be deemed to be the special Act, and any such right to wreck as aforesaid shall be deemed to be an interest in land authorised to be taken by the special Act, and Her Majesty shall be deemed to be the promoter of the undertaking. MERCHANT SHIPPING ACT 1894 - SECT 529 Delivery of unclaimed wreck by receivers not to prejudice title. 529. No admiral, vice-admiral, or other person, under whatever denomination, exercising Admiralty jurisdiction, shall, as such, by himself or his agents, receive, take, or interfere with any wreck except as authorised by this Act. Power to Board of Trade to purchase rights to wreck. MERCHANT SHIPPING ACT 1894 - SECT 530 530. Where any vessel is sunk, stranded, or abandoned in any harbour or tidal water under the control of a harbour or conservancy authority, or in or near any approach thereto, in such manner as in the opinion of the authority to be, or be likely to become, an obstruction or danger to navigation or to lifeboats engaged in lifeboat service in that harbour or water or in any approach thereto, that authority may (a)take possession of, and raise, remove, or destroy the whole or any part of the vessel; and (b)light or buoy any such vessel or part until the raising, removal, or destruction thereof; and (c)sell, in such manner as they think fit, any vessel or part so raised or removed, and also any other property recovered in the exercise of their powers under this section, and out of the proceeds of the sale reimburse themselves for the expenses incurred by them in relation thereto under this section, and the authority shall hold the surplus, if any, of the proceeds in trust for the persons entitled thereto. Provided as follows: (1)A sale shall not (except in the case of property which is of a perishable nature, or which would deteriorate in value by delay) be made under this section until at least seven clear days notice of the intended sale has been given by advertisement in some local newspaper circulating in or near the district over which the authority have control; and (2)At any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the fair market value thereof, to be ascertained by agreement between the authority and the owner, or failing agreement by some person to be named for the purpose by the Board of Trade, and the sum paid to the authority as the value of any property under this provision shall, for the purposes of this section, be deemed to be the proceeds of sale of that property. MERCHANT SHIPPING ACT 1894 - SECT 531 Admiral not to interfere with wreck. 531.(1) Where any vessel is sunk, stranded, or abandoned in any fairway, or on the seashore or on or near any rock, shoal, or bank, in the British Islands, or any of the adjacent seas or islands, and there is not any harbour or conservancy authority having power to raise, remove, or destroy the vessel, the general lighthouse authority for the place in or near which the vessel is situate shall, if in their opinion the vessel is, or is likely to become, an obstruction or danger to navigation or to lifeboats engaged in the lifeboat service, have the same powers in relation thereto as are by this Part of this Act conferred upon a harbour or conservancy authority. (2) All expenses incurred by the general lighthouse authority under this section, and not reimbursed in manner provided by this Part of this Act, shall be paid out of the [General Lighthouse Fund] but shall be subject to the like estimate, account, and sanction as the expenses of a general lighthouse authority, other than establishment expenses. MERCHANT SHIPPING ACT 1894 - SECT 532 Removal of wreck by harbour or conservancy authority. 532. The provisions of this Part of this Act relating to removal of wrecks shall apply to every article or thing or collection of things being or forming part of the tackle, equipments, cargo, stores, or ballast of a vessel in the same manner as if it were included in the term "vessel," and for the purposes of these provisions any proceeds of sale arising from a vessel and from the cargo thereof, or any other property recovered therefrom, shall be regarded as a common fund. MERCHANT SHIPPING ACT 1894 - SECT 533 Power of lighthouse authority to remove wreck. 533. If any question arises between a harbour or conservancy authority on the one hand and a general lighthouse authority on the other hand as to their respective powers under this Part of this Act for the removal of wrecks, in relation to any place being in or near an approach to a harbour or tidal water, that question shall, on the application of either authority, be referred to the decision of the Board of Trade, and the decision of that Board shall be final. MERCHANT SHIPPING ACT 1894 - SECT 534 Powers of removal to extend to tackle, cargo, &c. 534. The powers conferred by this Part of this Act on a harbour, conservancy, or lighthouse, authority, for the removal of wrecks shall be in addition to and not in derogation of any other powers for a like object. Power for Board of Trade to determine certain questions between authorities. MERCHANT SHIPPING ACT 1894 - SECT 535 535. If any person takes into any foreign port any vessel, stranded, derelict, or otherwise in distress, found on or near the coasts of the United Kingdom, or any tidal water within the limits of the United Kingdom, or any part of the cargo or apparel thereof, or anything belonging thereto, or any wreck found within those limits, and there sells the same, that person shall be guilty of felony, and on conviction thereof shall be liable to be kept in penal servitude for a term not less than three years and not exceeding five years. MERCHANT SHIPPING ACT 1894 - SECT 536 Powers to be cumulative. 536.(1) A person shall not without the leave of the master board or endeavour to board any vessel which is wrecked, stranded, or in distress, unless that person is, or acts by command of, the receiver or a person lawfully acting as such, and if any person acts in contravention of this enactment, he shall for each offence be liable to a fine not exceeding [#200], and the master of the vessel may repel him by force. (2) A person shall not (a)impede or hinder, or endeavour in any way to impede or hinder, the saving of any vessel stranded or in danger of being stranded, or otherwise in distress on or near any coast or tidal water, or of any part of the cargo or apparel thereof, or of any wreck; (b)secrete any wreck, or deface or obliterate any marks thereon; or (c)wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded, or otherwise in distress, on or near any coast or tidal water, or any part of the cargo or apparel thereof, or any wreck, Taking wreck to foreign port. MERCHANT SHIPPING ACT 1894 - SECT 537 537.(1) Where a receiver suspects or receives information that any wreck is secreted or in the possession of some person, who is not the owner thereof or that any wreck is otherwise improperly dealt with he may apply to any justice of the peace for a search warrant and that justice shall have power to grant such a warrant, and the receiver, by virtue thereof, may enter any house, or other place, wherever situate, and also any vessel, and search for, seize, and detain any such wreck there found. (2) If any such seizure of wreck is made in consequence of information given by any person to the receiver, on a warrant being issued under this section, the informer shall be entitled, by way of salvage, to such sum not exceeding in any case five pounds as the receiver may allow. Interfering with wrecked vessel or wreck. MERCHANT SHIPPING ACT 1894 - SECT 538 538.(1) Every person dealing in, buying, or selling, any of the articles following, that is to say, anchors, cables, sails, old junk, or old iron, or other marine stores of any kind (in this Part of this Act called a marine store dealer) shall have his name, together with the words "dealer in marine stores," distinctly painted, in letters of not less than six inches in length on every warehouse and place of deposit belonging to him. (2) If a marine store dealer fails to comply with the requirements of this section, he shall for each offence be liable to a fine not exceeding twenty pounds. MERCHANT SHIPPING ACT 1894 - SECT 539 Summary procedure for concealment of wreck. 539.(1) Every marine store dealer shall keep proper books, and enter therein an account of all marine stores of which he becomes possessed, stating in respect of each article the time at which and the person from whom he purchased or received the same, and a description of the business and place of abode of that person. (2) If a marine store dealer fails to comply with the requirements of this section he shall be liable to a fine [not exceeding #100]. MERCHANT SHIPPING ACT 1894 - SECT 540 Marine store dealer to have his name and trade painted on his shop. 540.(1) A marine store dealer shall not by himself or his agents purchase marine stores of any description from any person apparently under the age of sixteen years. (2) If a marine store dealer so purchases any marine store, he shall be liable to a fine [not exceeding #20]. MERCHANT SHIPPING ACT 1894 - SECT 541 Marine store dealer to keep proper books. 541.(1) A marine store dealer shall not, on any pretence, cut up any cable or other like article exceeding five fathoms in length, or unlay the same into twine or paper stuff without obtaining a written permit as required by this section. (2) In order to obtain a written permit a marine store dealer shall make a declaration before some justice of the peace having jurisdiction where the dealer resides, stating (a)the quality and description of the cable or other like article about to be cut up or unlaid; (b)the name and description of the person from whom he purchased or received the same; and (c)that he has purchased or otherwise acquired the same without fraud and without any knowledge or suspicion that it has been come by dishonestly: (3) If a marine store dealer cuts up or unlays any cable or other article without complying with the provisions of this section he shall be liable to a fine for the first offence not exceeding twenty pounds, and for every subsequent offence not exceeding fifty pounds. MERCHANT SHIPPING ACT 1894 - SECT 542 Marine store dealer not to purchase from person under sixteen. 542.(1) A marine store dealer who has obtained a permit as aforesaid shall not proceed by virtue thereof to cut up or unlay any cable or other article until he has for the space of one week, at the least, published in some newspaper circulating in the place where he resides one or more advertisements, notifying the fact of his having so obtained a permit, and specifying the nature of the cable or article mentioned in the permit, and the place where it is deposited, and the time at which it is intended to be so cut up or unlaid. (2) If any person suspects or believes that the cable or other article is his property he may apply to a justice of the peace for a warrant, and that justice may, on the sworn statement of the applicant, grant a warrant entitling the applicant to require the production by the marine store dealer of the cable or article mentioned in the permit, and also of the books required under this Part of this Act to be kept by the marine store dealer, and authorising the applicant to inspect and examine the cable or article or books. (3) If a marine store dealer fails without reasonable cause to comply with any of the requirements of this section, he shall be liable for the first offence to a fine not exceeding twenty pounds, and for every subsequent offence to a fine not exceeding fifty pounds. Marine store dealer not to cut up cable, &c. MERCHANT SHIPPING ACT 1894 - SECT 543 543.(1) Every manufacturer of anchors shall mark on every anchor manufactured by him in legible characters and both on the crown and also on the shank under the stock his name or initials, and shall in addition, mark on the anchor a progressive number and the weight of the anchor. (2) If a manufacturer of anchors fails without reasonable cause to comply with this section, he shall be liable for each offence to a fine not exceeding [#50]. Permit to be advertised before dealer proceeds to act thereon. MERCHANT SHIPPING ACT 1894 - SECT 544 544.(1) Where services are rendered wholly or in part within British waters in saving life from any British or foreign vessel, or elsewhere in saving life from any British vessel, there shall be payable to the salvor by the owner of the vessel, cargo, or apparel saved, a reasonable amount of salvage, to be determined in case of dispute in manner hereinafter mentioned. (2) Salvage in respect of the preservation of life when payable by the owners of the vessel shall be payable in priority to all other claims for salvage. (3) Where the vessel, cargo, and apparel are destroyed, or the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in respect of the preservation of life, the Board of Trade may, in their discretion, award to the salvor, out of the Mercantile Marine Fund, such sum as they think fit in whole or in part satisfaction of any amount of salvage so left unpaid. MERCHANT SHIPPING ACT 1894 - SECT 545 Marking of anchors. 545. When it is made to appear to Her Majesty that the government of any foreign country is willing that salvage should be awarded by British courts for services rendered in saving life from ships belonging to that country, when the ship is beyond the limits of British jurisdiction, Her Majesty may, by Order in Council, direct that the provisions of this Part of this Act with reference to salvage of life shall, subject to any conditions and qualifications contained in the Order, apply, and those provisions shall accordingly apply to those services as if they were rendered in saving life from ships within British jurisdiction. MERCHANT SHIPPING ACT 1894 - SECT 546 Salvage payable for saving life. 546. Where any vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom, and services are rendered by any person in assisting that vessel or saving the cargo or apparel of that vessel or any part thereof, and where services are rendered by any person other than a receiver in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, apparel, or wreck, a reasonable amount of salvage to be determined in case of dispute in manner hereinafter mentioned. Salvage of life from foreign vessels. MERCHANT SHIPPING ACT 1894 - SECT 547 547.(1) Disputes as to the amount of salvage whether of life or property, and whether rendered within or without the United Kingdom arising between the salvor and the owners of any vessel, cargo, apparel, or wreck, shall, if not settled by agreement, arbitration, or otherwise, be determined summarily in manner provided by this Act, in the following cases; namely: (a)In any case where the parties to the dispute consent: (b)In any case where the value of the property saved does not exceed one thousand pounds: (c)In any case where the amount claimed does not exceed ... in Ireland two hundred pounds. (2) Subject as aforesaid, disputes as to salvage shall be determined by the High Court in ... Ireland ... but if the claimant does not recover ... in any such court in Ireland more than two hundred pounds, he shall not be entitled to recover any costs, charges, or expenses incurred by him in the prosecution of his claim, unless the court before which the case is tried certify that the case is a fit one to be tried otherwise than summarily in manner provided by this Act. (3) Disputes relating to salvage may be determined on the application either of the salvor or of the owner of the property saved, or of their respective agents. (4) Where a dispute as to salvage is to be determined summarily under this section it shall be referred and determined as follows: (c)In Ireland it shall be referred to the arbitration of and determined by two justices of the peace, or a stipendiary magistrate, or the recorder of any borough having a recorder, or the chairman of quarter sessions in any county, and any such justices, stipendiary magistrate, recorder, or chairman are hereinafter included in the expression "arbitrators." (5) Nothing in this Act relating to the procedure in salvage cases shall affect the jurisdiction or procedure in salvage cases of a county court having Admiralty jurisdiction by virtue of ... the Court of Admiralty (Ireland) Act, 1867, or any Act amending either of those Acts. MERCHANT SHIPPING ACT 1894 - SECT 548 Determination of salvage disputes. 548.(1) Disputes as to salvage which are to be determined summarily in manner provided by this Act shall (a)where the dispute relates to the salvage of wreck be referred to a court or arbitrators having jurisdiction at or near the place where the wreck is found: (b)where the dispute relates to salvage in the case of services rendered to any vessel or to the cargo or apparel thereof or in saving life therefrom be referred to a court or arbitrators having jurisdiction at or near the place where the vessel is lying, or at or near the port in the United Kingdom into which the vessel is first brought after the occurrence by reason whereof the claim of salvage arises. (2) Any court or arbitrators to whom a dispute as to salvage is referred for summary determination may, for the purpose of determining any such dispute, call in to their assistance any person conversant with maritime affairs as assessor, and there shall be paid as part of the costs of the proceedings to every such assessor in respect of his services such sum not exceeding five pounds as the Board of Trade may direct. MERCHANT SHIPPING ACT 1894 - SECT 549 1867 c.114 549.(1) Where a dispute relating to salvage has been determined summarily in manner provided by this Act, any party aggrieved by the decision may appeal therefrom (b)in Ireland, to the High Court, but only if the sum in dispute exceeds fifty pounds, and the appellant within ten days after the date of the award gives notice to the arbitrators of his intention to appeal and, within twenty days after the date of the award, takes such proceedings as, according to the practice of the High Court, are necessary for the institution of an appeal. (2) In the case of an appeal from arbitrators in Ireland the arbitrators shall transmit to the proper officer of the court of appeal a copy on unstamped paper certified under their hands to be a true copy of the proceedings had before them or their umpire (if any) and of the award so made by them or him, accompanied with their or his certificate in writing of the gross value of the article respecting which salvage is claimed; and such copy and certificate shall be admitted in the court of appeal as evidence in the case. MERCHANT SHIPPING ACT 1894 - SECT 550 Determination of disputes as to salvage summarily. 550.(1) The Lord Lieutenant in Ireland may appoint, out of the justices for any borough or county, a rota of justices, by whom jurisdiction in salvage cases under this Part of this Act shall be exercised. (2) Where no such rota is appointed the salvors may, by writing addressed to the justices clerk, name one justice and the owner of the property saved may in like manner name another justice to be arbitrators; and if either party fails to name a justice within a reasonable time the case may be tried by two or more justices at petty sessions. (3) Where a dispute as to salvage is referred to justices under this Act, they may, if a difference of opinion arises between them, or without such difference, if they think fit, appoint some person conversant with maritime affairs as umpire to decide the point in dispute. (4) The arbitrators, within forty-eight hours after any such dispute has been referred to them, and the umpire (if any) within forty-eight hours after his appointment, shall make an award as to the amount of salvage payable, with power nevertheless for such arbitrators or umpire, by writing, duly signed, to extend the time for so making the award. (5) There shall be paid to every umpire appointed as aforesaid, in respect of his services, such sum not exceeding five pounds as the Board of Trade may direct. (6) All the costs of such arbitration, including any such payment to an umpire as aforesaid, shall be paid by the parties to the dispute, in such manner, and in such shares and proportions, as the arbitrators or umpire may direct by the award. (7) The arbitrators or umpire may call for the production of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute, and may examine the parties and their witnesses on oath, and administer the oaths necessary for that purpose. (8) A Secretary of State may determine the scale of costs to be awarded in salvage cases determined by arbitrators under this Part of this Act. MERCHANT SHIPPING ACT 1894 - SECT 551 Appeal in case of salvage disputes. 551.(1) Where any dispute as to salvage arises, the receiver of the district where the property is in respect of which the salvage claim is made, may, on the application of either party, appoint a valuer to value that property, and shall give copies of the valuation to both parties. (2) Any copy of the valuation purporting to be signed by the valuer, and to be certified as a true copy by the receiver, shall be admissible as evidence in any subsequent proceeding. (3) There shall be paid in respect of the valuation by the person applying for the same such fee as the Board of Trade may direct. MERCHANT SHIPPING ACT 1894 - SECT 552 As to arbitrators in Ireland. 552.(1) Where salvage is due to any person under this Act, the receiver shall (a)if the salvage is due in respect of services rendered in assisting any vessel, or in saving life therefrom, or in saving the cargo or apparel thereof, detain the vessel and cargo or apparel; and (b)if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under the Act, detain the wreck. (2) Subject as hereinafter mentioned, the receiver shall detain the vessel and the cargo and apparel, or the wreck (hereinafter referred to as detained property) until payment is made for salvage, or process is issued for the arrest or detention thereof by some competent court. (3) A receiver may release any detained property if security is given to his satisfaction or, if the claim for salvage exceeds two hundred pounds, and any question is raised as to the sufficiency of the security, to the satisfaction in ... Ireland of the High Court, ... (4) Any security given for salvage in pursuance of this section to an amount exceeding two hundred pounds may be enforced by such court as aforesaid in the same manner as if bail had been given in that court. MERCHANT SHIPPING ACT 1894 - SECT 553 Valuation of property by receiver. 553.(1) The receiver may sell any detained property if the persons liable to pay the salvage in respect of which the property is detained are aware of the detention, in the following cases; namely, (a)Where the amount is not disputed, and payment of the amount due is not made within twenty days after the amount is due, or, (b)Where the amount is disputed, but no appeal lies from the first court to which the dispute is referred, and payment is not made within twenty days after the decision of the first court, or (c)Where the amount is disputed and an appeal lies from the decision of the first court to some other court, and within twenty days of the decision of the first court neither payment of the sum due is made nor proceedings are commenced for the purpose of appeal. (2) The proceeds of sale of detained property shall, after payment of the expenses of the sale, be applied by the receiver in payment of the expenses, fees, and salvage, and, so far as not required for that purpose, shall be paid to the owners of the property, or any other persons entitled to receive the same. MERCHANT SHIPPING ACT 1894 - SECT 554 Detention of property liable for salvage by a receiver. 554.(1) Where services for which salvage is claimed are rendered either by the commander or crew or part of the crew of any of Her Majesty's ships or of any other ship, and the salvor voluntarily agrees to abandon his lien upon the ship, cargo, and property alleged to be salved, then, upon the master entering into a written agreement attested by two witnesses to abide the decision of the High Court in England, or of a Vice-Admiralty Court or Colonial Court of Admiralty, and thereby giving security in that behalf to an amount agreed on by the parties to the agreement, that agreement shall bind the ship, and the cargo, and freight respectively, and the respective owners of the ship, cargo, and freight, and their respective heirs, executors, and administrators, for the salvage which may be adjudged to be payable in respect of the ship, cargo, and freight respectively to the extent of the security given. (2) Any agreement made under this section may be adjudicated on and enforced in the same manner as a bond executed under the provisions of this Part of this Act relating to salvage by Her Majesty's ships, and on any such agreement being made the salvor and the master shall respectively make the statements required by this Part of this Act to be made in the case of the bond, but their statements need not be made on oath. (3) The salvor shall transmit the statements made, as soon as practicable, to the court in which the agreement is to be adjudicated upon. MERCHANT SHIPPING ACT 1894 - SECT 555 Sale of detained property by receiver. 555.(1) Where the aggregate amount of salvage payable in respect of salvage services rendered in the United Kingdom has been finally determined, either summarily in manner provided by this Act or by agreement, and does not exceed two hundred pounds, but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay the amount may apply to the receiver for liberty to pay the same to him; and the receiver shall, if he thinks fit, receive the same accordingly, and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid, and that certificate shall be a full discharge and indemnity to the person by whom the money is paid, and to his vessel, cargo, apparel, and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate. (2) The receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same on such evidence, and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent. (3) A distribution made by a receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed. MERCHANT SHIPPING ACT 1894 - SECT 556 Agreement as to salvage. 556. Whenever the aggregate amount of salvage payable in respect of salvage service rendered in the United Kingdom has been finally ascertained, and exceeds two hundred pounds, and whenever the aggregate amount of salvage payable in respect of salvage services rendered elsewhere has been finally ascertained, whatever that amount may be, then, if any delay or dispute arises as to the apportionment thereof, any court having Admiralty jurisdiction may cause the same to be apportioned amongst the persons entitled thereto in such manner as it thinks just, and may for that purpose, if it thinks fit, appoint any person to carry that apportionment into effect, and may compel any person in whose hands or under whose control the amount may be to distribute the same, or to bring the same into court to be there dealt with as the court may direct, and may for the purposes aforesaid issue such processes as it thinks fit. Apportionment of salvage under #200 by receiver. MERCHANT SHIPPING ACT 1894 - SECT 557 557.(1) .... no claim for salvage services by the commander or crew, or part of the crew of any of Her Majesty's ships shall be finally adjudicated upon, unless the consent of the Admiralty to the prosecution of that claim is proved. (2) Any document purporting to give the consent of the Admiralty for the purpose of this section, and to be signed by the Secretary to the Admiralty or on his behalf, shall be evidence of that consent. (3) If a claim is prosecuted and the consent is not proved, the claim shall stand dismissed with costs. MERCHANT SHIPPING ACT 1894 - SECT 558 Apportionment of salvage by Admiralty Courts. 558.(1) Where services are rendered at any place out of the limits of the United Kingdom or the four seas adjoining thereto by the commander or any of the crew of any of Her Majesty's ships, in saving any vessel or cargo or property belonging to a vessel, the vessel, cargo, or property, alleged to be saved shall, if the salvor is justified by the circumstances of the case in detaining it, be taken to some port where there is a consular officer or a Colonial Court of Admiralty, or a Vice-Admiralty Court. (2) The salvor and the master, or other person in charge of the vessel, cargo, or property, saved shall within twenty-four hours after arriving at the port each deliver to the consular officer or judge of the Colonial Court of Admiralty or Vice-Admiralty Court, as the case may be, a statement on oath, specifying so far as possible, and so far as those particulars are applicable, the particulars set out in the first part of the Nineteenth Schedule to this Act, and also in the case of the master or other person his willingness to execute a bond in the form, so far as circumstances will permit, set out in the second part of that schedule. MERCHANT SHIPPING ACT 1894 - SECT 559 Salvage by Her Majesty's ships. 559.(1) The bond shall be in such sum as the consular officer or judge thinks sufficient to answer the demand for salvage service, but the sum fixed shall not exceed one-half of the amount which, in the opinion of the consular officer or judge, is the value of the property in respect of which salvage has been rendered. (2) Where the vessel, cargo, or property in respect of which salvage services are rendered is not owned by persons domiciled in Her Majesty's dominions, the master shall procure such security for the due performance of the bond as the consular officer or judge thinks sufficient to be lodged with that officer or judge, or with that officer or judge and such other persons jointly as the salvor may appoint. (3) The consular officer or judge shall fix the amount of the bond within four days after the receipt of the statements required by this Part of this Act, but if either of those statements is not delivered within the time required by this Part of this Act, he may proceed ex parte. (4) A consular officer may for the purposes of this section take affidavits. (5) Nothing in this section shall authorise the consular officer or judge to require the cargo of any ship to be unladen. MERCHANT SHIPPING ACT 1894 - SECT 560 Salvage by Her Majesty's ships abroad. 560.(1) The consular officer or judge on fixing the sum to be inserted in the bond shall send notice thereof to the salvor and master, and on the execution of the bond by the master in the sum fixed in the presence of the consular officer or judge (who shall attest the same), and upon delivery thereof to the salvor, and in cases where security is to be lodged, on that security being duly lodged, the right of the salvor to detain the vessel, cargo, or property shall cease. (2) The bond shall bind the respective owners of the vessel, cargo, and freight, and their heirs, executors, and administrators, for the salvage adjudged to be payable in respect of the vessel, cargo, and freight respectively. MERCHANT SHIPPING ACT 1894 - SECT 561 Provisions as to bond to be executed. 561.(1) The bond shall be adjudicated on and enforced in the High Court in England, unless the salvor and master agree at the time of the execution of the bond that the bond may be adjudicated on and enforced in any specified Colonial Court of Admiralty or Vice-Admiralty Court, but that court shall in that case have the same power and authorities for the purpose as the High Court in England. (2) The High Court in England shall have power to enforce any bond given in pursuance of this Part of this Act in any Colonial Court of Admiralty or Vice-Admiralty Court in any part of Her Majesty's dominions, and any court exercising Admiralty jurisdiction in Scotland, Ireland, the Isle of Man, or the Channel Islands shall assist that court in enforcing those bonds. (3) Where security has been given for the performance of a bond, the persons with whom the security is lodged shall deal with the same as the court adjudicating upon the bond direct. (4) The consular officer or judge shall at the earliest opportunity transmit the statements and documents delivered to him, and the notice of the sum fixed in the bond to the High Court in England or the Colonial Court of Admiralty, or Vice-Admiralty Court in which the bond is to be enforced, as the case may be. MERCHANT SHIPPING ACT 1894 - SECT 562 Execution of bond. 562.(1) Nothing contained in this Part of this Act shall prejudice the right of the salvor, where salvage services have been rendered by one of Her Majesty's ships, or by the commander or any of the crew thereof, to proceed for the enforcement of the salvage claim otherwise than in manner provided by this Act, but the salvor shall have no right to detain the vessel, cargo, or property saved, unless he elects to proceed under this Part of this Act. (2) Nothing contained in this Part of this Act shall affect the right of the salvor, where salvage services have been rendered by one of Her Majesty's ships or by the commander or any of the crew thereof, in any case which is not provided for therein. MERCHANT SHIPPING ACT 1894 - SECT 563 Enforcement of bond. 563. Any bond, statement, agreement, or other document made or executed in pursuance of the provisons of this Part of this Act relating to salvage by Her Majesty's ships shall, if made or executed out of the United Kingdom, be exempt from stamp duty. MERCHANT SHIPPING ACT 1894 - SECT 564 Saving for other salvage rights. 564. If any person in any proceeding under the provisions of this Part of this Act relating to salvage by Her Majesty's ships (a)forges, assists in forging, or procures to be forged, fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any document; or (b)puts off or makes use of any forged or altered document, knowing the same to be so forged or altered; or (c)gives or makes, or assists in giving or making, or procures to be given or made, any false evidence or representation, knowing the same to be false, S.565 rep. by 1956 c.46 s.55 sch.1 Pt.III Exemption from stamp duty. MERCHANT SHIPPING ACT 1894 - SECT 566 566. The Board of Trade shall have the general superintendence throughout the United Kingdom of all matters relating to wreck, and may, with the consent of the Treasury, appoint any officer of customs or of the coastguard, or any officer of inland revenue, or, where it appears to such Board to be more convenient, any other person, to be a receiver of wreck (in this Part of this Act referred to as a receiver), in any district, and to perform the duties of receiver under this Part of this Act, and shall give due notice of the appointment. Punishment for forgery and false representations. MERCHANT SHIPPING ACT 1894 - SECT 567 567.(1) There shall be paid to every receiver the expenses properly incurred by him in the performance of his duties, and also, in respect of the several matters specified in the Twentieth Schedule to this Act, such fees.... as may be directed by the Board of Trade, but a receiver shall not be entitled to any remuneration other than those payments. (2) The receiver shall, in addition to all other rights and remedies for the recovery of those expenses or fees, have the same rights and remedies in respect thereof as a salvor has in respect of salvage due to him. (3) Whenever any dispute arises in any part of the United Kingdom as to the amount payable to any receiver in respect of expenses or fees, that dispute shall be determined by the Board of Trade, and the decision of that Board shall be final. (4) All fees received by a receiver in respect of any services performed by him as receiver shall be carried to and form part of the Mercantile Marine Fund, but a separate account shall be kept of those fees, and the moneys arising from them shall be applied in defraying any expenses duly incurred in carrying into effect this Act in such manner as the Board of Trade direct. MERCHANT SHIPPING ACT 1894 - SECT 568 Appointment of receivers of wreck. 568.(1) Where services are rendered by any officers or men of the coastguard service in watching or protecting shipwrecked property, then, unless it can be shown that those services have been declined by the owner of the property or his agent at the time they were tendered, or that salvage has been claimed and awarded for those services, the owner of the property shall pay in respect of those services remuneration according to a scale to be fixed by the Board of Trade; and that remuneration shall be recoverable by the same means, and shall be paid to the same persons, and accounted for and applied in the same manner as fees received by receivers under the provisions of this Part of this Act. (2) The scale fixed by the Board of Trade shall not exceed the scale by which remuneration to officers and men of the coastguard for extra duties in the ordinary service of the Commissioners of Customs is for the time being regulated. Receivers' fees. MERCHANT SHIPPING ACT 1894 - SECT 569 569.Subs.(1) rep. by 1952 c.44 s.320 sch.12 Pt.I (2) The Commissioners of Customs and Inland Revenue shall permit all goods, wares, and merchandise saved from any ship stranded or wrecked on her homeward voyage to be forwarded to the port of her original destination, and all goods, wares, and merchandise saved from any ship stranded or wrecked on her outward voyage to be returned to the port at which the same were shipped; but those Commissioners shall take security for the due protection of the revenue in respect of those goods. Part X (Ss.572633) rep. by 1913 c.31 (2 & 3 Geo.5) ss.15(3), 60 sch.2 Remuneration for services by coastguard. MERCHANT SHIPPING ACT 1894 - SECT 634 634.(1) Subject to the provisions of this Part of this Act, and subject also to any powers or rights now lawfully enjoyed or exercised by any person or body of persons having by law or usage authority over local lighthouses, buoys, or beacons, (in this Act referred to as "local lighthouse authorities,") the superintendence and management of all lighthouses, buoys, and beacons shall within the following areas be vested in the following bodies; namely, (c)Throughout Ireland and the adjacent seas and islands, in the Commissioners of Irish Lights, (2) Subject to the provisions of this Part of this Act, the general lighthouse authorities shall respectively continue to hold and maintain all property now vested in them in that behalf in the same manner and for the same purposes as they have hitherto held and maintained the same. MERCHANT SHIPPING ACT 1894 - SECT 635 Provisions as to duties, &c. on wrecked goods. 635. The general lighthouse authorities, and their respective officers, shall at all times give to the Board of Trade all such returns, explanations or information, in relation to the lighthouses, buoys, or beacons within their respective areas, and the management thereof, as the Board require. MERCHANT SHIPPING ACT 1894 - SECT 636 Management of lighthouses, buoys, and beacons. 636.(1) The Board of Trade may, on complaint that any lighthouse, buoy, or beacon under the management of any of the general lighthouse authorities, or any work connected therewith, is inefficient or improperly managed or is unnecessary, authorise any persons appointed by them to inspect the same. (2) A person so authorised may inspect the same accordingly, and make any inquiries in respect thereof, and of the management thereof, which he thinks fit; and all officers and others having the care of any such lighthouses, buoys, or beacons, or concerned in the management thereof, shall furnish any information and explanation in relation thereto which the person inspecting requires. S.637 rep. by 1979 c.39 s.50(4) sch.7 Pt.II Returns and information to Board of Trade. MERCHANT SHIPPING ACT 1894 - SECT 638 638. A general lighthouse authority shall, within their area ..., have the following powers (in this Act referred to as lighthouse powers); namely, powers (a)to erect or place any lighthouse, with all requisite works, roads, and appurtenances: (b)to add to, alter, or remove any lighthouse: (c)to erect or place any buoy or beacon, or alter or remove any buoy or beacon: (d)to vary the character of any lighthouse or the mode of exhibiting lights therein. MERCHANT SHIPPING ACT 1894 - SECT 639 Power of Board of Trade to inspect on complaint made. 639.(1) A general lighthouse authority may take and purchase any land which may be necessary for the exercise of their lighthouse powers, or for the maintenance of their works or for the residence of the light keepers, and for that purpose the Lands Clauses Acts shall be incorporated with this Act and shall apply to all lighthouses to be constructed and all land to be purchased under the powers thereof. (2) A general lighthouse authority may sell any land belonging to them. Ss.640, 641 rep. by 1979 c.39 s.50(4) sch.7 Pt.II MERCHANT SHIPPING ACT 1894 - SECT 642 General powers of lighthouse authorities. 642. Where any improved light, or any siren or any description of fog signal has been added to an existing lighthouse, the light, siren or signal may, for the purposes of this Part of this Act, be treated as if it were a separate lighthouse. Powers as to land. MERCHANT SHIPPING ACT 1894 - SECT 643 643. .... Light dues shall be payable in respect of all ships whatever, except ships belonging to Her Majesty, and ships exempted from payment thereof in pursuance of this Act. Ss.644646 rep. by 1898 c.44 s.8 sch.4 MERCHANT SHIPPING ACT 1894 - SECT 647 Additions to lighthouses. 647. Tables of all light dues, and a copy of the regulations for the time being in force in respect thereof, shall be posted up at all custom houses in the United Kingdom, and for that purpose each of the general lighthouse authorities shall furnish copies of all such tables and regulations to the Commissioners of Customs in London, and to the chief officers of customs resident at all places where light dues are collected on account of that lighthouse authority; and those copies shall be posted up by the Commissioners of Customs at the Custom House in London, and by the chief officers of customs at the custom houses of the places at which they are respectively resident. MERCHANT SHIPPING ACT 1894 - SECT 648 Light dues payable in respect of certain ships. 648.(1) All light dues coming into the hands of any general lighthouse authority under this Act shall be carried to the [General Lighthouse Fund]. (2) Every person appointed to collect light dues by any of the general lighthouse authorities shall collect all light dues payable at the port at which he is so appointed, whether they are collected on account of the authority by whom he was appointed or on account of one of the other general lighthouse authorities. (3) Any person so appointed to collect light dues shall pay over to the general lighthouse authority by whom he was appointed, or as that authority directs, the whole amount of light dues received by him; and the authority receiving the dues shall keep accounts thereof, and shall cause the dues to be remitted to Her Majesty's Paymaster-General in such manner as the Board of Trade direct. MERCHANT SHIPPING ACT 1894 - SECT 649 Publication of light dues and regulations. 649.(1) The following persons shall be liable to pay light dues for any ship in respect of which light dues are payable; namely, (a)The owner or master; or (b)Such consignees or agents thereof as have paid, or made themselves liable to pay, any other charge on account of the ship in the port of her arrival or discharge; (2) Any consignee or agent (not being the owner or master of the ship) who is hereby made liable for the payment of light dues in respect of any ship, may, out of any moneys received by him on account of that ship or belonging to the owner thereof, retain the amount of all light dues paid by him, together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay the dues. MERCHANT SHIPPING ACT 1894 - SECT 650 Application and collection of light dues. 650.(1) If the owner or master of any ship fails, on demand of the authorised collector, to pay the light dues due in respect thereof, that collector may, in addition to any other remedy which he or the authority by whom he is appointed is entitled to use, enter upon the ship, and distrain the goods, guns, tackle, or any thing belonging to, or on board, the ship, and detain that distress until the light dues are paid. (2) If payment of the light dues is not made within the period of three days next ensuing the distress, the collector may, at any time during the continuance of the non-payment, cause the distress to be appraised by two sufficient persons or sworn appraisers, and thereupon sell the same, and apply the proceeds in payment of the light dues due, together with all reasonable expenses incurred by him under this section, paying the surplus (if any), on demand, to the owner or master of the ship. MERCHANT SHIPPING ACT 1894 - SECT 651 Recovery of light dues. 651. A receipt for light dues shall be given by the person appointed to collect the same to every person paying the same, and a ship may be detained at any port where light dues are payable in respect of any ship, until the receipt for the light dues is produced to the proper officer of customs. Distress on ship for light dues. MERCHANT SHIPPING ACT 1894 - SECT 652 652.(1) It shall be the duty of each of the general lighthouse authorities, or of any persons authorised by that authority for the purpose, to inspect all lighthouses, buoys, and beacons situate within their area, but belonging to or under the management of any local lighthouse authority, and to make such inquiries in respect thereof and of the management thereof as they think fit. (2) All officers and others having the care of any such local lighthouses, buoys, or beacons, or concerned in the management thereof, shall furnish all such information and explanations concerning the same as the general lighthouse authority require. (3) All local lighthouse authorities and their officers shall at all times give to the general lighthouse authority all such returns, explanations, or information concerning the lighthouses, buoys, and beacons under their management and the management thereof, as the general lighthouse authority require. (4) The general lighthouse authority shall communicate to each local lighthouse authority the results of the inspection of their lighthouses, buoys, and beacons, and shall also make general reports of the results of their inspection of local lighthouses, buoys and beacons to the Board of Trade; and those reports shall be laid before Parliament. MERCHANT SHIPPING ACT 1894 - SECT 653 Receipt for light dues. 653.(1) A general lighthouse authority may, within their area, with the sanction of the Board of Trade, and after giving due notice of their intention, direct a local lighthouse authority to lay down buoys, or to remove or discontinue any lighthouse, buoy, or beacon, or to make any variation in the character of any lighthouse, buoy, or beacon, or in the mode of exhibiting lights in any lighthouse, buoy, or beacon. (2) A local lighthouse authority shall not erect or place any lighthouse, buoy, or beacon, or remove or discontinue any lighthouse, buoy, or beacon, or vary the character of any lighthouse, buoy, or beacon, or the mode of exhibiting lights in any lighthouse, buoy, or beacon, without the sanction of the general lighthouse authority. (3) If a local lighthouse authority having power to erect, place, or maintain any lighthouse, buoy, or beacon, at any place within a lighthouse area, fail to do so, or fail to comply with the direction of a general lighthouse authority under this section with respect to any lighthouse, buoy, or beacon, Her Majesty may, on the application of the general lighthouse authority, by Order in Council, transfer any powers of the local lighthouse authority with respect to that lighthouse, buoy, or beacon, including the power of levying dues, to the general lighthouse authority. (4) On the making of any Order in Council under this section, the powers transferred shall be vested in the general lighthouse authority to whom they are transferred, and the lighthouse, buoy, or beacon in respect of which the Order is made, and the dues leviable in respect thereof, shall respectively be subject to the same provisions as those to which a lighthouse, buoy, or beacon provided by that general lighthouse authority under this Part of this Act, and the light dues leviable under this Part of this Act are subject. (5) Nothing in this section shall apply to local buoys and beacons placed or erected for temporary purposes. MERCHANT SHIPPING ACT 1894 - SECT 654 Inspection of local lighthouses. 654.(1) A local lighthouse authority may, if they think fit, surrender or sell any lighthouse, buoy, or beacon held by them to the general lighthouse authority within whose area it is situated, and that general lighthouse authority may, with the consent of the Board of Trade, accept or purchase the same. (2) The purchase money for any lighthouse, buoy, or beacon so sold to a general lighthouse authority shall be paid out of the [General Lighthouse Fund]. (3) On the surrender or sale of a lighthouse, buoy, or beacon under this section to a general lighthouse authority, (a)the lighthouse, buoy, or beacon surrendered or sold shall, together with its appurtenances, become vested in the general lighthouse authority, and shall be subject to the same provisions as if it had been provided by that authority under this Part of this Act; and (b)the general lighthouse authority shall be entitled to receive either the dues which were leviable in respect of the lighthouse, buoy, or beacon surrendered or sold at the time of the surrender or sale, or, if Her Majesty so directs by Order in Council, such dues as may be fixed by Order in Council, and those dues shall be subject to the same provisions and regulations as light dues for a lighthouse completed by a general lighthouse authority under this Act. MERCHANT SHIPPING ACT 1894 - SECT 655 Control of local lighthouse authorities by general lighthouse authorities. 655.(1) If any lighthouse, buoy, or beacon is erected or placed, or reconstructed, repaired, or replaced by a local lighthouse authority, Her Majesty may, on the application of that authority, by Order in Council, fix such dues to be paid to that authority in respect of every ship which enters the port or harbour under the control of that authority or the estuary in which the lighthouse, buoy, or beacon is situate, and which passes the lighthouse, buoy, or beacon and derives benefit therefrom as Her Majesty may think reasonable. (2) Any dues fixed under this section (in this Act referred to as local light dues) shall be paid by the same persons and may be recovered in the same manner as light dues under this Part of this Act. (3) Her Majesty may by Order in Council reduce, alter, or increase any local light dues, so that those dues, so far as possible, may be sufficient and not more than sufficient for the payment of the expenses incurred by the local lighthouse authority in respect of the lighthouses, buoys, or beacons for which the dues are levied. MERCHANT SHIPPING ACT 1894 - SECT 656 Surrender of local lighthouses. 656.(1) All local light dues shall be applied by the authority by whom they are levied for the purpose of the construction, placing, maintenance, and improvement of the lighthouses, buoys, and beacons in respect of which the dues are levied, and for no other purpose. (2) The local lighthouse authority to whom any local light dues are paid shall keep a separate account of the receipt and expenditure of those dues, and shall, once in every year or at such other time as the Board of Trade may determine, send a copy of that account to the Board of Trade, and shall send the same in such form and shall give such particulars in relation thereto as the Board of Trade requires. MERCHANT SHIPPING ACT 1894 - SECT 657 Light dues for local light. 657. A local lighthouse authority may, with the consent of Her Majesty in Council (if they have not otherwise power to do so), reduce all or any dues receivable by them in respect of lighthouses, buoys, and beacons. Application of local light dues. MERCHANT SHIPPING ACT 1894 - SECT 658 658. The expenses incurred by the general lighthouse authorities in the works and services of lighthouses, buoys, and beacons under this Part of this Act, or in the execution of any works necessary or expedient for the purpose of permanently reducing the expense of those works and services, shall be paid out of the [General Lighthouse Fund]. MERCHANT SHIPPING ACT 1894 - SECT 659 Reduction of local light dues. 659.(1) Her Majesty may by Order in Council fix the establishments to be maintained by each of the general lighthouse authorities on account of the services of lighthouses, buoys, and beacons, or the annual or other sums to be paid out of the [General Lighthouse Fund] in respect of those establishments. (2) If it appears that any part of the establishments of the general lighthouse authorities is maintained for other purposes as well as for the purposes of their duties as general lighthouse authorities, Her Majesty may by Order in Council fix the portion of the expense of those establishments to be paid out of the [General Lighthouse Fund]. (3) An increase of any establishment or part of an establishment fixed under this section shall not be made without the consent of the Board of Trade. MERCHANT SHIPPING ACT 1894 - SECT 660 Payment of lighthouse expenses out of General Lighthouse Fund. 660.(1) An expense of a general lighthouse authority in respect of the services of lighthouses, buoys, and beacons shall not be paid out of the [General Lighthouse Fund], or allowed in account, unless either it has been allowed as part of the establishment expenses under this Act, or an estimate or account thereof has been approved by the Board of Trade. (2) For the purpose of approval by the Board of Trade, each of the general lighthouse authorities shall submit to that Board an estimate of all expenses to be incurred by them in respect of lighthouses, buoys, or beacons, other than expenses allowed under this Act on account of their establishments, or, in case it is necessary in providing for any sudden emergency to incur any such expense without waiting for the sanction of an estimate, shall as soon as possible submit to the Board of Trade a full account of the expense incurred. (3) The Board of Trade shall consider any estimates and accounts so submitted to them, and may approve them either with or without modification. S.661 rep. with saving by 1968 c.13 s.24 sch.6 Pt.I MERCHANT SHIPPING ACT 1894 - SECT 662 Establishments of general lighthouse authorities. 662.(1) The Board of Trade may mortgage the [General Lighthouse Fund] and any dues, rates, fees, or other payments payable thereto, or any part thereof, for the purpose of the construction and repair of lighthouses or other extraordinary expenses connected with the services of lighthouses, buoys, and beacons. (2) Any mortgage under this section shall be made in such form and executed in such manner as the Board of Trade may direct. (3) A person lending money on a mortgage under this section shall not be bound to inquire as to the purpose for which the money is raised or the manner in which it is applied. MERCHANT SHIPPING ACT 1894 - SECT 663 Estimates or accounts of expenses sent to Board of Trade. 663.(1) The Public Works Loan Commissioners may, for the purpose of the construction and repair of lighthouses or other extraordinary expenses connected with the service of lighthouses, buoys, and beacons, advance money upon mortgage of the [General Lighthouse Fund], and the several dues, rates, fees, and payments to be carried thereto under this Act, or any of them, or any part thereof, without requiring any further security than that mortgage. (2) Notwithstanding anything in this Act, every mortgage so made to the Public Works Loan Commissioners shall be made in accordance with the Acts regulating loans by the Public Works Loan Commissioners. (3) An advance by the Public Works Loan Commissioners shall not prevent any lawful reduction of any dues, rates, fees, or other payments payable to the [General Lighthouse Fund] if that reduction is assented to by the Public Works Loan Commissioners. MERCHANT SHIPPING ACT 1894 - SECT 664 Mortgage of General Lighthouse Fund for lighthouse expenditure. 664. Each of the general lighthouse authorities shall account to the Board of Trade for their receipts from light dues and for their expenditure in respect of expenses paid out of the [General Lighthouse Fund], in such form and at such times, and with such details, explanations, and vouchers, as the Board of Trade require, and shall, when required by that Board, permit all books of accounts kept by or under their respective direction to be inspected and examined by such persons as that Board appoint for that purpose. S.665 rep. with saving by 1972 c.11 ss.17, 29, schs.7, 8 Advances by Public Works Loan Commissioners. MERCHANT SHIPPING ACT 1894 - SECT 666 666.(1) A person shall not wilfully or negligently (a)injure any lighthouse or the lights exhibited therein, or any buoy or beacon; (b)remove, alter, or destroy any lightship, buoy, or beacon; or (c)ride by, make fast to, or run foul of any lightship or buoy. (2) If any person acts in contravention of this section, he shall, in addition to the expenses of making good any damage so occasioned, be liable for each offence to a fine not exceeding [#500]. MERCHANT SHIPPING ACT 1894 - SECT 667 Accounts of general lighthouse authorities. 667.(1) Whenever any fire or light is burnt or exhibited at such place or in such manner as to be liable to be mistaken for a light proceeding from a lighthouse, the general lighthouse authority within whose area the place is situate, may serve a notice upon the owner of the place where the fire or light is burnt or exhibited, or on the person having the charge of the fire or light, directing that owner or person, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or effectually screening the fire or light, and for preventing for the future any similar fire or light. (2) The notice may be served either personally or by delivery of the same at the place of abode of the person to be served, or by affixing the same in some conspicuous spot near to the fire or light to which the notice relates. (3) If any owner or person on whom a notice is served under this section fails, without reasonable cause, to comply with the directions contained in the notice, he shall be guilty of [an offence and liable to a fine not exceeding one thousand pounds]. (4) If any owner or person on whom a notice under this section is served neglects for a period of seven days to extinguish or effectually screen the fire or light mentioned in the notice, the general lighthouse authority may, by their servants or workmen, enter upon the place where the fire or light is, and forthwith extinguish the same, doing no unnecessary damage; and may recover the expenses incurred by them in so doing from the owner or person on whom the notice has been served in the same manner as fines may be recovered under this Act. Ss.670672 rep. by 1979 c.39 s.50(4) sch.7 Pt.II. S.673 rep. by 1898 c.44 s.8 sch.4. S.674 rep. with saving by 1968 c.13 s.24 sch.6 Pt.I. S.675 rep. by 1979 c.39 s.50(4) sch.7 Pt.II Injury to lighthouses, &c. MERCHANT SHIPPING ACT 1894 - SECT 676 676.(1) The common fund called the Mercantile Marine Fund shall continue to exist under that name, and subject to the provisions of this Act there shall be accounted for and paid to that fund (a)all fees, charges, and expenses payable in respect of the survey or measurement of ships under this Act: (b)all fees and other sums (other than fines and forfeitures) received by the Board of Trade under the [Second and] Fifth Parts of this Act, [including all fees payable in respect of the medical inspection of seamen under the Second Part of this Act]: (c)the moneys arising from the unclaimed property of deceased seamen, except where the same are required to be paid as directed by the Accountant-General of Her Majesty's Navy: (e)all fees and other sums payable in respect of any services performed by any person employed under the authority of the Third Part of this Act: [(f)all fees paid upon the engagement or discharge of members of the crews of fishing boats when effected before a superintendent:] Para.(g) rep. by SLR 1908 (h)any fees received by receivers of wreck under the Ninth Part of this Act: (i)all light dues or other sums received by or accruing to any of the General Lighthouse Authorities under the Eleventh Part of this Act: (k)all costs and expenses ordered by the court to be paid to the Board of Trade in pursuance of the Boiler Explosions Acts, 1882 and 1890; (l)any sums which under this or any other Act are directed to be paid to the Mercantile Marine Fund. (2) All fees mentioned in this section shall be paid at such time and in such manner as the Board of Trade direct. MERCHANT SHIPPING ACT 1894 - SECT 677 1882 c.22 677. Subject to the provisions of this Act and to any prior charges that may be subsisting on the Mercantile Marine Fund under any Act of Parliament or otherwise there shall be charged on and payable out of that fund the following expenses so far as they are not paid by any private person: [(a)The salaries and other expenses connected with local marine boards and mercantile marine offices, and with the examinations conducted under the Second and Fourth Parts of this Act:] (b)The salaries of all surveyors of ships and officers appointed under this Act and all expenses incurred in connexion with the survey and measurement of ships under this Act, [and the remuneration of medical inspectors of seamen under the Second Part of this Act:] (c)The salaries and expenses of persons employed under the Third Part of this Act: (d)The superannuation allowances, gratuities, pensions and other allowances granted either before or after the passing of this Act to any of the said surveyors, officers, or persons: [(e)The allowances and expenses paid for the relief of distressed British seamen and apprentices, including the expenses declared under this Act to be payable as such expenses, and any contributions to seamen's refuges and hospitals:] (f)Any sums which the Board of Trade, in their discretion, think fit to pay in respect of claims to moneys carried to the Mercantile Marine Fund on account of the property of deceased seamen, or on account of the proceeds of wreck: (g)All expenses of obtaining depositions, reports, and returns respecting wrecks and casualties: (h)All expenses incurred in carrying into effect the provisions of this Act with regard to receivers of wrecks and the performance of their duties under this Act: (i)All expenses incurred by the general lighthouse authorities in the works and services of lighthouses, buoys, and beacons, or in the execution of any works necessary or expedient for the purpose of permanently reducing the expense of those works and services: (l)Such expenses for establishing and maintaining on the coasts of the United Kingdom proper lifeboats with the necessary crews and equipments, and for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for rewarding the preservation of life in such cases, as the Board of Trade direct: Para.(m) rep. by 1979 c.39 s.50(4) sch.7 Pt.II (n)All costs and expenses incurred by the Board of Trade under the Boiler Explosions Acts, 1882 and 1890 (so far as not otherwise provided for), including any remuneration paid in pursuance of section seven of the Boiler Explosions Act, 1882, and any costs and expenses ordered by the court in pursuance of those Acts to be paid by the Board of Trade: (o)Any expenses which are charged on or payable out of the Mercantile Marine Fund under this or any other Act of Parliament. S.678 rep. by 1898 c.44 s.8 sch.4 MERCHANT SHIPPING ACT 1894 - SECT 679 1882 c.22 679.(1) The accounts of the [General Lighthouse Fund] shall be deemed to be public accounts within the meaning of section thirty-three of the Exchequer and Audit Departments Act, 1866, and shall be examined and audited accordingly. (2) The Board of Trade shall as soon as may be after the meeting of Parliament in every year cause the accounts of the [General Lighthouse Fund] for the preceding year to be laid before both Houses of Parliament. Accounts and audit. MERCHANT SHIPPING ACT 1894 - SECT 680 680.(1) Subject to any special provisions of this Act (a)an offence under this Act declared to be a misdemeanour, shall be punishable by fine [and by imprisonment] not exceeding two years, ...., but may, instead of being prosecuted as a misdemeanour, be prosecuted summarily in manner provided by the Summary Jurisdiction Acts, and if so prosecuted shall be punishable only with imprisonment for a term not exceeding six months, .... [and with a fine not exceeding one thousand pounds]; (b)an offence under this Act made punishable with imprisonment for any term not exceeding six months, .... or by a fine not exceeding [one thousand pounds], shall be prosecuted summarily in manner provided by the Summary Jurisdiction Acts. (2) Any offence committed or fine recoverable under a byelaw made in pursuance of this Act may be prosecuted or recovered in the same manner as an offence or fine under this Act. MERCHANT SHIPPING ACT 1894 - SECT 681 1866 c.39 681.(1) The Summary Jurisdiction Acts shall, so far as applicable, apply (a)to any proceeding under this Act before a court of summary jurisdiction, whether connected with an offence punishable on summary conviction or not; and (b)to the trial of any case before one justice of the peace, where, under this Act, such a justice may try the case. MERCHANT SHIPPING ACT 1894 - SECT 683 Prosecution of offences. 683.(1) Subject to any special provisions of this Act neither a conviction for an offence nor an order for payment of money shall be made under this Act in any summary proceeding instituted in the United Kingdom, unless that proceeding is commenced within six months after the commission of the offence, or after the cause of complaint arises as the case may be; or, if both or either of the parties to the proceeding happen during that time to be out of the United Kingdom, unless the same is commenced, in the case of a summary conviction within two months, and in the case of a summary order within six months, after they both first happen to arrive, or to be at one time, within the United Kingdom [and, in the case of a summary conviction, before the expiration of three years beginning with the date on which the offence was committed]. (3) No law for the time being in force under any Act, ordinance, or otherwise, which limits the time within which summary proceedings may be instituted shall affect any summary proceeding under this Act. Subs.(4) spent Application of Summary Jurisdiction Acts in certain cases. MERCHANT SHIPPING ACT 1894 - SECT 684 684. For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed and every cause of complaint to have arisen either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be. MERCHANT SHIPPING ACT 1894 - SECT 685 Limitation of time for summary proceedings. 685.(1) Where any district within which any court, justice of the peace, or other magistrate, has jurisdiction either under this Act or under any other Act or at common law for any purpose whatever is situate on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water, every such court, justice, or magistrate shall have jurisdiction over any vessel being on, or lying or passing off, that coast, or being in or near that bay, channel, lake, river, or navigable water, and over all persons on board that vessel or for the time being belonging thereto, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court, justice, or magistrate. (2) The jurisdiction under this section shall be in addition to and not in derogation of any jurisdiction or power of a court under the Summary Jurisdiction Acts. MERCHANT SHIPPING ACT 1894 - SECT 686 Provision as to jurisdiction in case of offences. 686.(1) Where any person, being a British subject, is charged with having committed any offence on board any British ship on the high seas or in any foreign port or harbour or on board any foreign ship to which he does not belong, or, not being a British subject, is charged with having committed any offence on board any British ship on the high seas, and that person is found within the jurisdiction of any court in Her Majesty's dominions, which would have had cognisance of the offence if it had been committed on board a British ship within the limits of its ordinary jurisdiction, that court shall have jurisdiction to try the offence as if it had been so committed. MERCHANT SHIPPING ACT 1894 - SECT 687 Jurisdiction over ships lying off the coasts. 687. All offences against property or person committed in or at any place either ashore or afloat out of Her Majesty's dominions by any master, seaman, or apprentice who at the time when the offence is committed is, or within three months previously has been, employed in any British ship shall .... be liable to the same punishments respectively, and be inquired of, heard, tried, determined, and adjudged in the same manner and by the same courts and in the same places as if those offences had been committed within the jurisdiction of the Admiralty of England; and the costs and expenses of the prosecution of any such offence may be directed to be paid as in the case of costs and expenses of prosecutions for offences committed within the jurisdiction of the Admiralty of England. S.688 rep. by 1956 c.46 s.55 sch.1 Pt.III Jurisdiction in case of offences on board ship. MERCHANT SHIPPING ACT 1894 - SECT 689 689.(1) Whenever any complaint is made to any British consular officer (a)that any offence against property or person has been committed at any place, either ashore or afloat, out of Her Majesty's dominions by any master, [or seaman], who at the time when the offence was committed, or within three months before that time, was employed in any British ship; or (b)that any offence on the high seas has been committed by any master, [or seaman] belonging to any British ship, (2) The consular officer may order the master of any ship belonging to any subject of Her Majesty bound to the United Kingdom ... to receive and afford a passage and subsistence during the voyage to any such offender as aforesaid, and to the witnesses, so that the master be not required to receive more than one offender for every one hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of that tonnage; and the consular officer shall endorse upon the agreement of the ship such particulars with respect to any offenders or witnesses sent in her as the Board of Trade require. (3) Any master of a ship to whose charge an offender has been so committed shall, on his ship's arrival in the United Kingdom..., give the offender into the custody of some police officer or constable, and that officer or constable shall take the offender before a justice of the peace or other magistrate by law empowered to deal with the matter, and the justice or magistrate shall deal with the matter as in cases of offences committed upon the high seas. (4) If any master of a ship, when required by any British consular officer to receive and afford a passage and subsistence to any offender or witness, does not receive him and afford a passage and subsistence to him, or does not deliver any offender committed to his charge into the custody of some police officer or constable as hereinbefore directed, he shall for each offence be liable to a fine not exceeding [#1,000]. (5) The expense of imprisoning any such offender and of conveying him and the witnesses to the United Kingdom ... in any manner other than in the ship to which they respectively belong, shall, where not paid as part of the costs of the prosecution, be paid out of moneys provided by Parliament. S.690 rep. by 1920 c.39 s.1(3) sch.; 1970 c.36 s.100 sch.5 MERCHANT SHIPPING ACT 1894 - SECT 691 Offences committed by British seammen at foreign ports to be within Admiralty jurisdiction. 691.(1) Whenever in the course of any legal proceeding instituted in any part of Her Majesty's dominions before any judge or magistrate, or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter of that proceeding, then upon due proof, if the proceeding is instituted in the United Kingdom that the witness cannot be found in that kingdom, ..., any deposition that the witness may have previously made on oath in relation to the same subject matter before any justice or magistrate in Her Majesty's dominions, or any British consular officer elsewhere, shall be admissible in evidence, provided that (a)if the deposition was made in the United Kingdom, it shall not be admissible in any proceeding instituted in the United Kingdom; and (c)if the proceeding is criminal it shall not be admissible, unless it was made in the presence of the person accused. (2) A deposition so made shall be authenticated by the signature of the judge, magistrate, or consular officer before whom it is made; and the judge, magistrate, or consular officer shall certify, if the fact is so, that the accused was present at the taking thereof. (3) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition, and in any criminal proceeding a certificate under this section shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified. (4) Nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any Act of Parliament, ..., or to interfere with the practice of any court in which depositions not authenticated as hereinbefore mentioned are admissible. Conveyance of offenders and witnesses to United Kingdom or British possession. MERCHANT SHIPPING ACT 1894 - SECT 692 692.(1) Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade, or any officer of customs, or any British consular officer may detain the ship, and if the ship after detention or after service on the master of any notice of or order for detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or person is party or privy to the offence, shall be [liable on conviction on indictment to a fine and on summary conviction to a fine not exceeding fifty thousand pounds.] (2) Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board of Trade or any officer of customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also [on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds]. (3) Where under this Act a ship is to be detained, an officer of customs shall, and where under this Act a ship may be detained an officer of customs may, refuse to clear that ship outwards or to grant a transire to that ship. (4) Where any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs, the proper officer shall mean, unless the context otherwise requires, the officer able to grant a clearance or transire to such ship. MERCHANT SHIPPING ACT 1894 - SECT 693 Depositions to be received in evidence when witness cannot be produced. 693. Where any court, justice of the peace, or other magistrate, has power to make an order directing payment to be made of any seaman's wages, fines, or other sums of money, then, if the party so directed to pay the same is the master or owner of a ship, and the same is not paid at the time and in manner prescribed in the order, the court, justice of the peace, or magistrate who made the order may, in addition to any other powers they may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or poinding and sale of the ship, her tackle, furniture, and apparel. Enforcing detention of ship. MERCHANT SHIPPING ACT 1894 - SECT 694 694. Where any document is required by this Act to be executed in the presence of or to be attested by any witness or witnesses, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness or the attesting witnesses or any of them. MERCHANT SHIPPING ACT 1894 - SECT 695 Sums ordered to be paid leviable by distress on ship. 695.(1) Where a document is by this Act declared to be admissible in evidence, such document shall, on its production from the proper custody, be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence, and, subject to all just exceptions, shall be evidence ... of the matters stated therein in pursuance of this Act or by any officer in pursuance of his duties as such officer. (2) A copy of any such document or extract therefrom shall also be so admissible in evidence [and be evidence, ..., of those matters] if proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, .... but a person shall be entitled to have (a)a certified copy of the particulars entered by the registrar in the register book on the registry of the ship, together with a certified statement showing the ownership of the ship at the time being; and (b)a certified copy of any declaration, or document, a copy of which is made evidence by this Act, (3) If any such officer wilfully certifies any document as being a true copy or extract knowing the same not to be a true copy or extract, he shall for each offence be guilty of a misdemeanour, and be liable on conviction to imprisonment for any term not exceeding eighteen months. (4) If any person forges the seal, stamp, or signature of any document to which this section applies, or tenders in evidence any such document with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit, he shall for each offence be guilty of felony, and be liable to penal servitude for a term not exceeding seven years, or to imprisonment for a term not exceeding two years, .... and whenever any such document has been admitted in evidence, the court or the person who admitted the same may on request direct that the same shall be impounded, and be kept in the custody of some officer of the court or other proper person, for such period or subject to such conditions as the court or person thinks fit. MERCHANT SHIPPING ACT 1894 - SECT 696 Proof of attestation not required. 696.(1) Where for the purposes of this Act any document is to be served on any person, that document may be served (a)in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; and, (b)if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship; and, (c)if the document is to be served on the master of a ship, where there is no master, and the ship is in the United Kingdom, on the managing owner of the ship, or, if there is no managing owner, on some agent of the owner residing in the United Kingdom, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship. (2) If any person obstructs the service on the master of a ship of any document under the provisions of this Act relating to the detention of ships as unseaworthy, that person shall for each offence be liable [on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds, and], if the owner or master of the ship is party or privy to the obstruction, he shall in respect of each offence be guilty of a misdemeanour. MERCHANT SHIPPING ACT 1894 - SECT 697 Admissibility of documents in evidence. 697. Any exception, exemption, proviso, excuse, or qualification, in relation to any offence under this Act, whether it does or does not accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or negatived in any information or complaint, and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. MERCHANT SHIPPING ACT 1894 - SECT 698 Service of documents. 698. Any declaration required by this Act to be taken before a justice of the peace or any particular officer may be taken before a commissioner for oaths. Proof, &c. of exemption. MERCHANT SHIPPING ACT 1894 - SECT 699 699.(1) Where any court, justice of the peace, or other magistrate, imposes a fine under this Act for which no specific application is herein provided, that court, justice of the peace, or magistrate, may if they think fit direct the whole or any part of the fine to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which the fine is imposed, or to be applied in or towards payment of the expenses of the proceedings. MERCHANT SHIPPING ACT 1894 - SECT 700 Declarations. 700. Where an offence under this Act is prosecuted as a misdemeanour, the court before whom the offence is prosecuted ... in England ..., and in any other part of Her Majesty's dominions may make such allowances and order payment of such costs and expenses as are payable or allowable upon the trial of any misdemeanour or under any law for the time being in force therein. Application of penalties. MERCHANT SHIPPING ACT 1894 - SECT 712 712. This Part of this Act shall, except where otherwise provided, apply to the whole of Her Majesty's dominions. Expenses of prosecution of misdemeanour. MERCHANT SHIPPING ACT 1894 - SECT 713 713. The Board of Trade shall be the department to undertake the general superintendence of all matters relating to merchant shipping and seamen, and are authorised to carry into execution the provisions of this Act and of all Acts relating to merchant shipping and seamen for the time being in force, except where otherwise provided by those Acts, or except so far as those Acts relate to the revenue. MERCHANT SHIPPING ACT 1894 - SECT 714 Application of Part XIII. 714. All consular officers and officers of customs abroad, and all ... superintendents, shall make and send to the Board of Trade such returns or reports on any matter relating to British merchant shipping or seamen as the Board may require. MERCHANT SHIPPING ACT 1894 - SECT 715 Superintendence of merchant shipping by Board of Trade. 715. All superintendents shall, when required by the Board of Trade, produce to that Board or to its officers all official log-books and other documents which are delivered to them under this Act. MERCHANT SHIPPING ACT 1894 - SECT 716 Returns as to merchant shipping to Board of Trade. 716.(1) All fees and other sums (other than fines) received by the Board of Trade under the [Second, Fourth, and] Fifth Parts of this Act shall be carried to the account of the Mercantile Marine Fund. (2) All fines coming into the hand of the Board of Trade under this Act shall be paid into the Exechequer as the Treasury may direct, and shall be carried to and form part of the Consolidated Fund. MERCHANT SHIPPING ACT 1894 - SECT 717 Production of log-books, &c. by superintendents. 717. The Board of Trade may take any legal proceedings under this Act in the name of any of their officers. Application of fees, fines, &c. MERCHANT SHIPPING ACT 1894 - SECT 718 718. All expenses incurred by the Commissioners of Customs in the conduct of suits or prosecutions, or otherwise in carrying into effect the provisions of this Act, shall be considered as expenses having reference to the Revenues of Customs, and shall be paid accordingly; but the Board of Trade may, with the consent of the Treasury, repay out of the Mercantile Marine Fund all or any part of such of the expenses so paid as are under this Act chargeable on that fund. Legal proceedings. MERCHANT SHIPPING ACT 1894 - SECT 719 719. All documents purporting to be made, issued, or written by or under the direction of the Board of Trade, and to be sealed with the seal of the Board, or to be signed by their secretary or one of their assistant secretaries, or, if a certificate, by one of the officers of the Marine Department, shall be admissible in evidence in manner provided by this Act. MERCHANT SHIPPING ACT 1894 - SECT 720 Expenses incurred by Commissioners of Customs. 720.(1) Subject to any special provisions of this Act the Board of Trade may prepare and sanction forms for any book, instrument, or paper required under this Act, other than those required under the First Part of this Act, and may make such alterations in these forms as they think fit. (2) The Board shall cause every such form to be sealed with their seal or marked with some other distinguishing mark, and before finally issuing any form or making any alteration in a form shall cause public notice thereof to be given in such manner as the Board think requisite in order to prevent inconvenience. (3) The Board of Trade shall cause all such forms to be supplied at all custom houses and mercantile marine offices in the United Kingdom, free of charge, or at such moderate prices as the Board may fix, or the Board may license any persons to print and sell the forms. (4) Every such book, instrument, or paper, required under this Act shall be made in the form (if any) approved by the Board of Trade, or as near thereto as circumstances permit, and unless so made shall not be admissible in evidence in any civil proceeding on the part of the owner or master of any ship. (5) Every such book, instrument, or paper, if made in a form purporting to be the proper form, and to be sealed or marked in accordance with this section, shall be deemed to be in the form required by this Act unless the contrary is proved. MERCHANT SHIPPING ACT 1894 - SECT 721 Proof of documents. 721. The following instruments shall be exempt from stamp duty: (a)Any instruments used for carrying into effect the First Part of this Act; and (b)Any instruments used by or under the direction of the Board of Trade in carrying into effect the [Second], Fifth, Eleventh, and Twelfth Parts of this Act; and (c)Any instruments which are by those Parts of this Act required to be in a form approved by the Board of Trade, if made in that form. MERCHANT SHIPPING ACT 1894 - SECT 722 Power of Board of Trade to prescribe forms. 722.(1) If any person (a)forges, assists in forging, or procures to be forged, the seal or any other distinguishing mark of the Board of Trade on any form issued by the Board of Trade under this Act; or (b)fraudulently alters, or assists in fraudulently altering, or procures to be fraudulently altered, any such form, (2) If any person [(a)when a form approved by the Board is, under the Second Part of this Act, required to be used, uses without reasonable cause a form not purporting to be a form so approved; or] (b)prints, sells, or uses any document purporting to be a form approved by the Board of Trade, knowing the same not to be the form approved for the time being, or not to have been prepared or issued by the Board of Trade, Exemption from stamp duty. MERCHANT SHIPPING ACT 1894 - SECT 723 723.(1) Where any of the following officers; namely, any officer of the Board of Trade, any commissioned officer of any of Her Majesty's ships on full pay, any British consular officer, the Registrar-General of Shipping and Seamen or his assistant, any chief officer of Customs in any place in Her Majesty's dominions, or any superintendent, (a)require the owner, master, or any of the crew of any British ship to produce any official log-books or other documents relating to the crew or any member thereof in their respective possession or control; (b)require any such master to produce a list of all persons on board his ship, and take copies of the official log-books or documents, or of any part thereof; (c)muster the crew of any such ship; and (d)summon the master to appear and give any explanation concerning the ship or her crew or the official log-books or documents produced or required to be produced. (2) If any person, on being duly required by an officer authorised under this section, fails without reasonable cause to produce to that officer any such official log-book or document as he is required to produce under this section, [that person shall be liable to a fine not exceeding two hundred pounds and if any person on being so required refuses to allow such a book or document] to be inspected or copied, or impedes any muster of the crew required under this section, or refuses or neglects to give any explanation which he is required under this section to give, or knowingly misleads or deceives any officer authorised under this section to demand any such explanation, that person shall [be liable to a fine not exceeding one thousand pounds]. Offences as to use of forms. MERCHANT SHIPPING ACT 1894 - SECT 724 724.(1) The Board of Trade may, at such ports as they think fit, appoint either generally or for special purposes, and on special occasion, any person they think fit to be a surveyor of ships for the purposes of this Act, and a person so appointed (in this Act referred to as a surveyor of ships) may be appointed either as a shipwright surveyor or as an engineer surveyor or as both. (2) The Board of Trade may also appoint a surveyor-general of ships for the United Kingdom. (3) The Board of Trade may remove any surveyors of ships and fix and alter their remuneration, and may make regulations as to the performance of their duties, and in particular as to the manner in which surveys of [ships] are to be made, as to the notice to be given by them when surveys are required, and as to the amount and payment of any travelling or other expenses incurred by them in the execution of their duties, and may by such regulations determine the persons by whom and the conditions under which the payment of those expenses is to be made. Subs.(4) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I; 1979 c.39 s.50(4) sch.7 Pt.II (5) The duties of a surveyor of ships shall be performed under the direction of the Board of Trade, and in accordance with the regulations made by that Board. S.725 rep. by 1970 c.36 s.100 sch.5 MERCHANT SHIPPING ACT 1894 - SECT 726 Powers for seeing that Act is complied with. 726.(1) Surveyors of ships shall make such returns to the Board of Trade as that Board may require with respect to the build, dimensions, draught, burden, rate of sailing, room for fuel, and the nature and particulars of machinery and equipments of ships surveyed by them. (2) The owner, master, and engineer of any ship so surveyed shall, on demand, give to the surveyors all such information and assistance within his power as they require for the purpose of those returns. (3) If any owner, master, or engineer, on being applied to for that purpose, fails without reasonable cause to give any such information or assistance, he shall for each offence be liable to a fine not exceeding [#200]. Appointment of surveyors. MERCHANT SHIPPING ACT 1894 - SECT 728 728. The Board of Trade may as and when they think fit appoint any person as an inspector to report to them (a)upon the nature and causes of any accident or damage which any ship has sustained or caused, or is alleged to have sustained or caused; or (b)whether the provisions of this Act, or any regulations made under or by virtue of this Act [or the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations], have been complied with; or (c)whether the hull and machinery of any steamship are sufficient and in good condition. Ss.729, 730 rep. by 1979 c.39 s.50(4) sch.7 Pt.II Returns by surveyors to Board of Trade. MERCHANT SHIPPING ACT 1894 - SECT 731 731. All lighthouses, buoys, beacons, and all light dues, and other rates, fees, or payments accruing to or forming part of the Mercantile Marine Fund, and all premises or property belonging to or occupied by any of the general lighthouse authorities or by the Board of Trade, which are used or applied for the purposes of any of the services for which those dues, rates, fees, and payments are received, and all instruments or writings used by or under the direction of any of the general lighthouse authorities or of the Board of Trade in carrying on those services, shall be exempted from all public, parochial, and local taxes, duties, and rates of every kind. MERCHANT SHIPPING ACT 1894 - SECT 732 Appointment of inspectors to report on accidents, &c. 732. All vessels belonging to or used by any of the general lighthouse authorities or the Board of Trade shall be entitled to enter, resort to, and use any harbours, ports, docks, or piers in the United Kingdom without payment of any tolls, dues, or rates of any kind. Exemption from rates. MERCHANT SHIPPING ACT 1894 - SECT 733 733.(1) If a shipowner desires to use for the purpose of a private code any rockets, lights, or other similar signals, he may register those signals with the Board of Trade, and that Board shall give public notice of the signals so registered in such manner as they think requisite for preventing those signals from being mistaken for signals of distress or signals for pilots. (2) The Board may refuse to register any signals which in their opinion cannot easily be distinguished from signals of distress or signals for pilots. (3) Where a signal has been registered under this section, the use or display thereof by any person acting under the authority of the shipowner in whose name it is registered shall not subject any person to any fine or liability under this Act for using or displaying signals improperly. Exemption from harbour dues. MERCHANT SHIPPING ACT 1894 - SECT 734 734. Where it has been made to appear to Her Majesty that the government of any foreign country is desirous that any of the provisions of this Act, or of any Act hereafter to be passed amending the same, which do not apply to the ships of that country, should so apply and there are no special provisions in this Act for that application, Her Majesty in Council may order that such of those provisions as are in the Order specified shall (subject to the limitations, if any, contained therein) apply to the ships of that country, and to the owners, masters, seamen, and apprentices of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were British ships. Registration of private code of signals. MERCHANT SHIPPING ACT 1894 - SECT 737 737. Where under this Act anything is authorised to be done by to or before a British consular officer, and in any place outside Her Majesty's dominions in which Her Majesty has jurisdiction there is no such officer, such thing may be done in that place by to or before such officer as Her Majesty in Council may direct. Application by Order in Council of provisions of Mercant Shipping Acts to foreign ships. MERCHANT SHIPPING ACT 1894 - SECT 738 738.(1) Where Her Majesty has power under this Act, or any Act hereafter to be passed amending the same, to make an Order in Council, Her Majesty may from time to time make that Order in Council, and by Order in Council revoke, alter or add to any Order so made. (2) Every such Order in Council shall be published in the London Gazette, and shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. (3) Subject to any special provisions of this Act, upon the publication of any such Order the Order shall, as from the date of the publication or any later date mentioned in the Order, take effect as if it were enacted by Parliament. Provision for foreign places where Her Majesty has jurisdiction. MERCHANT SHIPPING ACT 1894 - SECT 739 739.(1) Where by this Act any notice, authority, order, direction, or other communication is required or authorised to be given or made by the Board of Trade, or the Commissioners of Customs, or the governor of a British possession, to any person not being an officer of such Board, or Commissioners, or governor, the same shall be given or made in writing. (2) Where any notice or document is by this Act required or authorised to be transmitted or sent, the same may be transmitted or sent by post. MERCHANT SHIPPING ACT 1894 - SECT 740 Provision as to Orders in Council. 740. Where a document is required by this Act to be published in the London Gazette, it shall be sufficient if notice thereof is published in accordance with the Rules Publication Act, 1893. Notices, &c. to be in writing and provision as to sending by post. MERCHANT SHIPPING ACT 1894 - SECT 741 741. This Act shall not, except where specially provided, apply to ships belonging to Her Majesty. Publication in London Gazette. MERCHANT SHIPPING ACT 1894 - SECT 742 742. In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them; (that is to say), "VESSEL" includes any ship or boat, or any other description of vessel used in navigation; "SHIP" includes every description of vessel used in navigation not propelled by oars; "FOREIGN-GOING SHIP" includes every ship employed in trading or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits; that is to say, the coasts of the United Kingdom, the Channel Islands, and Isle of Man, and the continent of Europe between the River Elbe and Brest inclusive; "HOME TRADE SHIP" includes every ship employed in trading or going within the following limits; that is to say, the United Kingdom, the Channel Islands, and Isle of Man, and the continent of Europe between the River Elbe and Brest inclusive; "HOME TRADE PASSENGER SHIP" means every home trade ship employed in carrying passengers; "MASTER" includes every person (except a pilot) having command or charge of any ship; "SEAMAN" includes every person (except [masters and pilots]), employed or engaged in any capacity on board any ship; "WAGES" includes emoluments; "EFFECTS" includes clothes and documents; "SALVOR" means, in the case of salvage services rendered by the officers or crew or part of the crew of any ship belonging to Her Majesty, the person in command of that ship; "PILOT" means any person not belonging to a ship who has the conduct thereof; "COURT" in relation to any proceeding includes any magistrate or justice having jurisdiction in the matter to which the proceeding relates; "COLONIAL COURT OF ADMIRALTY" has the same meaning as in the Colonial Courts of Admiralty Act, 1890; "A COMMISSIONER FOR OATHS" means a commissioner for oaths within the meaning of the Commissioners for Oaths Act, 1889; "CHIEF OFFICER OF CUSTOMS" includes the collector, superintendent, principal coast officer, or other chief officer of customs at each port; "SUPERINTENDENT" shall, so far as respects a British possession, include any shipping master or other officer discharging in that possession the duties of a superintendent; "CONSULAR OFFICER," when used in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country; "BANKRUPTCY" includes insolvency; "REPRESENTATION" means probate, administration, confirmation, or other instrument constituting a person the executor, administrator, or other representative of a deceased person; "LEGAL PERSONAL REPRESENTATIVE" means the person so constituted executor, administrator, or other representative, of a deceased person; "NAME" includes a surname; "PORT" includes place; "HARBOUR" includes harbours properly so called, whether natural or artificial, estuaries, navigable rivers, piers, jetties, and other works in or at which ships can obtain shelter, or ship and unship goods or passengers; "TIDAL WATER" means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, and not being a harbour; "HARBOUR AUTHORITY" includes all persons or bodies of persons, corporate or unincorporate, being proprietors of, or intrusted with the duty or invested with the power of constructing, improving, managing, regulating, maintaining or lighting a harbour; "CONSERVANCY AUTHORITY" includes all persons or bodies of persons, corporate or unincorporate, intrusted with the duty or invested with the power of conserving, maintaining, or improving the navigation of a tidal water; "LIGHTHOUSE" shall in addition to the ordinary meaning of the word include any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals, and also any addition to a lighthouse of any improved light, or any siren, or any description of fog signal; "BUOYS AND BEACONS" includes all other marks and signs of the sea; "THE TRINITY HOUSE" shall mean the master, wardens and assistants of the guild, fraternity, or brotherhood of the most glorious and undivided Trinity and of St. Clement in the parish of Deptford Strond in the county of Kent, commonly called the corporation of the Trinity House of Deptford Strond; "THE COMMISSIONERS OF IRISH LIGHTS" means the body incorporated by that name under the local Act of the session held in the thirtieth and thirty-first years of the reign of Her present Majesty, chapter eighty-one, intituled "An Act to alter the constitution of the Corporation for preserving and improving the Port of Dublin and for other purposes connected with that body and with the Port of Dublin Corporation," and any Act amending the same; "LIFEBOAT SERVICE" means the saving, or attempted saving of vessels, or of life, or property on board vessels, wrecked or aground or sunk, or in danger of being wrecked or getting aground or sinking. Any reference to failure to do any act or thing shall include a reference to refusal to do that act or thing. MERCHANT SHIPPING ACT 1894 - SECT 743 1890 c.27 743. Any provisions of this Act applying to steamers or steamships shall apply to ships propelled by electricity or other mechanical power with such modifications as the Board of Trade may prescribe for the purpose of adaptation. MERCHANT SHIPPING ACT 1894 - SECT 744 1889 c.10 744. Ships engaged in the [whale, seal or walrus fisheries] shall be deemed to be foreign-going ships for the purpose of this Act, and not fishing boats, with the exception.... [.... of ships engaged in the whale fisheries off the coast of Scotland and registered at ports in Scotland]. 1867 c.lxxxi MERCHANT SHIPPING ACT 1894 - SECT 745 745.(1) Repeal of Acts, rep. by SLR 1908 (a)Any Order in Council, licence, certificate, byelaw, rule, or regulation made or granted under any enactment hereby repealed shall continue in force as if it had been made or granted under this Act; (b)Any officer appointed, any body elected or constituted, and any ... office established, under any enactment hereby repealed shall continue and be deemed to have been appointed, elected, constituted, or established, as the case may be, under this Act; (c)Any document referring to any Act or enactment hereby repealed shall be construed to refer to this Act, or to the corresponding enactment of this Act; (d)Any penalty may be recovered, and any offence may be prosecuted, under any provision of the Merchant Shipping Acts, 1854 to 1892, which is not repealed by this Act, in the same manner as fines may be recovered and offences prosecuted under this Act; (e)Ships registered under the Merchant Shipping Act, 1854, and the Acts amending the same, or duly registered before the passing of the Merchant Shipping Act, 1854, shall be deemed to have been registered under this Act; (f)Nothing in this Act shall affect the Behring Sea Award Act, 1894, and that Act shall have effect as if this Act had not passed. (2) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889, with regard to the effect of repeals. (3) The tonnage of every ship not measured or remeasured in accordance with the Merchant Shipping (Tonnage) Act, 1889, shall be estimated for all purposes as if any deduction prohibited by the Merchant Shipping (Tonnage) Act, 1889, had not been made, and the particulars relating to the ship's tonnage in the registry book and in her certificate of registry shall be corrected accordingly. MERCHANT SHIPPING ACT 1894 - SECT 746 1894 c.2 746.Subs.(1) rep. by SL(R) 1977 (2) Any local Act which repeals or affects any provisions of the Acts repealed by this Act shall have the same effect on the corresponding provisions of this Act as it had on the said provisions repealed by this Act. Subs.(3) rep. by SLR 1953 1889 c.63 MERCHANT SHIPPING ACT 1894 - SECT 747 747. This Act may be cited as the Merchant Shipping Act, 1894. S.748 rep. by SLR 1908 Form A rep. by 1965 c.47 s.7(2) sch.2 ( ( (ra) .................... the undersigned In witness thereof (ra) ha ......... hereto subscribed ( Now (rb) ............... the undersigned Lastly, (rb) .............. for (rc) .............. and (rd) heirs,covenant with the said and (re) ............... assigns In witness whereof (rb) ha ......... hereto subscribed(rd) ............. name and affixed (rd) ............. seal ............. ( Second Schedule rep. by 1965 c.47 s.7(2) sch.2. Third and Fourth Schedules rep. by 1949 c.43 s.37(5) sch.3(1) The anti-scorbutics to be furnished shall be lime or lemon juice, or such other anti-scorbutics (if any) of such quality, and composed of such materials, and packed and kept in such manner as Her Majesty by Order in Council may direct. (2) No lime or lemon juice shall be deemed fit and proper to be taken on board ship, for the use of the crew or passengers thereof, unless it has been obtained from a bonded warehouse for and to be shipped as stores. (3) Lime or lemon juice shall not be so obtained or delivered from a warehouse as aforesaid, unless (a)it is shown, by a certificate under the hand of an inspector appointed by the Board of Trade, to be proper for use on board ship, the certificate to be given upon inspection of a sample, after deposit of the lime or lemon juice in the warehouse; and (b)it contains fifteen per cent. of proper and palatable proof spirit, to be approved by the inspector or by the proper officer of customs, and to be added before or immediately after the inspection thereof; and (c)it is packed in such bottles at such time and in such manner and is labelled in such manner as the Commissioners of Customs may direct. (4) If the lime or lemon juice is deposited in a bonded warehouse, and has been approved as aforesaid by the inspector, the spirit, or the amount of spirit necessary to make up fifteen per cent., may be added in the warehouse, without payment of any duty thereon; and when any spirit has been added to any lime or lemon juice, and the lime or lemon juice has been labelled as aforesaid, it shall be deposited in the warehouse for delivery as ship's stores only, upon such terms and subject to such regulations of the Commissioners of Customs as are applicable to the delivery of ship's stores from the warehouse. (5) The lime or lemon juice with which a ship is required by this Act to be provided shall be taken from the warehouse duly labelled as aforesaid, and the labels shall remain intact until twenty-four hours at least after the ship has left her port of departure on her foreign voyage. (6) The lime or lemon juice shall be served out with sugar (the sugar to be in addition to any sugar required by the agreement with the crew). (7) The anti-scorbutics shall be served out to the crew so soon as they have been at sea for ten days; and during the remainder of the voyage, except during such time as they are in harbour and are there supplied with fresh provisions. (8) The lime or lemon juice and sugar shall be served out daily at the rate of an ounce each per day to each member of the crew, and shall be mixed with a due proportion of water before being served out. (9) The other anti-scorbutics, if any, provided in pursuance of an Order in Council shall be served out at such times and in such quantities as the Order in Council directs.] (1) Every place in a ship occupied by seamen or apprentices, and appropriated to their use, shall be such as to make the space which it is required by the Second Part of this Act to contain available for the proper accommodation of the men who are to occupy it, and shall be securely constructed, properly lighted and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from effluvium which may be caused by cargo or bilge water. Paras.(2)(5) rep. by 1965 c.47 s.7(2) sch.2 Paras.(6)(7) rep. by 1949 c.43 s.37(5) sch.3 (8) When the accommodation is inspected at the same time with the measurement of the tonnage, no separate fee shall be charged for the inspection.] Seventh and Eighth Schedules rep. by 1970 c.36 s.100 sch.5. Ninth Schedule rep. by 1949 c.43 s.37(5) sch.3. Tenth to Fourteenth Schedules rep. by 1906 c.48 s.85 sch.2. Fifteenth Schedule rep. by 1937 c.23 s.2. Sixteenth Schedule rep. by 1949 c.43 s.37(5) sch.3 (1) Three shipowners selected by the Council of the Chamber of Shipping of the United Kingdom. (2) One shipowner selected by the Shipowners Associations of Glasgow and one shipowner selected by the Liverpool Steamship Owners Association and the Liverpool Shipowners Association conjointly. (3) Two shipbuilders selected by the Council of the Institution of Naval Architects. (4) Three persons practically acquainted with the navigation of vessels selected by the shipmasters' societies recognised by the Board of Trade for this purpose. (5) The persons being or having been able-bodied seamen selected by seamen's societies recognised by the Board of Trade for this purpose. (6) Two persons selected conjointly by the Committee of Lloyd's, the Committee of Lloyd's Register Society, and the Committee of the Institute of London Underwriters. Eighteenth Schedule rep. by 1949 c.43 s.37(5) sch.3 (1) Particulars to be stated both by the salvor and by the master or other person in charge of the vessel, cargo, or property saved: (a)The place, condition, and circumstances in which the vessel, cargo, or property was at the time when the services were rendered for which salvage is claimed: (b)The nature and duration of the services rendered. (2) Additional particulars to be stated by the salvor: (a)The proportion of the value of the vessel, cargo, and property, and of the freight which he claims for salvage, or the values at which he estimates the vessel, freight, cargo, and property respectively, and the several amounts that he claims for salvage in respect of the same: (b)Any other circumstances which he thinks relevant to the said claim. (3) Additional particulars to be stated by the said master or other person in charge of the said vessel, cargo, or property: (a)A copy of the certificate of registry of the said vessel, and of the endorsements thereon, stating any change which (to his knowledge or belief) has occurred in the particulars contained in the certificate; and stating also to the best of his knowledge and belief, the state of the title to the vessel for the time being, and of the incumbrances and certificates of mortgage or sale, if any, affecting the same, and the names and places of business of the owners and incumbrancers: (b)The name and place of business or residence of the freighter (if any) of the said vessel, and the freight to be paid for the voyage on which she then is: (c)A general account of the quantity and nature of the cargo at the time the salvage services were rendered: (d)The name and place of business or residence of the owner of the cargo and of the consignee thereof: (e)The values at which the master or person making the statement estimates the vessel, cargo, and property, and the freight respectively, or if he thinks fit, in lieu of the estimated value of the cargo, a copy of the vessel's manifest: (f)The amounts which the master thinks should be paid as salvage for the services rendered: (g)An accurate list of the property saved in cases where the vessel is not saved: (h)An account of the proceeds of the sale of the vessel, cargo, or property, in cases where the same or any of them are sold at the port where the statement is made: (i)The number, capacities, and condition of the crew of the vessel at the time when the services were rendered; and (k)Any other circumstances he thinks relevant to the matters in question. Whereas certain salvage services are alleged to have been rendered by the vessel [insert names of vessel and of commander], commander, to the merchant vessel [insert names of vessel and master], master, belonging to [name and place of business or residence of owner of vessel], freighted by [the same of the freighter], and to the cargo therein, consisting of [state very shortly the descriptions and quantities of the goods, and the names and addresses of their owners and consignees]: And whereas the said vessel and cargo have been brought into the port of [insert name and situation of port], and a statement of the salvage claim has been sent to [insert the name of the consular officer or judge of the Colonial Court of Admiralty or Vice-Admiralty Court and of the office he fills], and he has fixed the amount to be inserted in this bond at the sum of [state the sum]. Now I, the said [master's name], do hereby, in pursuance of the Merchant Shipping Act, 1894, bind the several owners for the time being of the said vessel and of the cargo therein and of the freight payable in respect of that cargo and their respective heirs, executors, and administrators, to pay among them such sum not exceeding the said sum of [state the sum fixed], in such proportions and to such persons as [if the parties agree on any other court, substitute the name of it here], the High Court in England shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid. In witness whereof I have hereunto set my hand and seal, this [insert the date] day of Signed, sealed, and delivered by the said [master's name]. In the presence of [name of consular officer or judge of the Colonial Court of Admiralty or Vice-Admiralty Court, and of the office he fills.] For every examination on oath instituted by a receiver with respect to any vessel which may be or may have been in distress, a fee not exceeding [#1.00] But so that in no case shall a larger fee than two pounds be charged for examinations taken in respect of the same vessel and the same occurrence, whatever may be the number of the deponents. For every report required to be sent by the receiver to the secretary of Lloyd's in London, the sum of [60p] For wreck taken by the receiver into his custody, a percentage of five per cent. upon the value thereof. But so that in no case shall the whole amount of percentage so payable exceed twenty pounds. In cases where any services are rendered by a receiver, in respect of any vessel in distress, not being wreck, or in respect of the cargo or other articles belonging thereto, the following fees instead of a percentage; (that is to say,) If that vessel with her cargo equals or exceeds in value six hundred pounds, the sum of two pounds for the first, and the sum of one pound for every subsequent day during which the receiver is employed on that service, but if that vessel with her cargo is less in value than six hundred pounds, one moiety of the above-mentioned sum. Twenty-first Schedule rep. by 1913 c.31 s.60 sch.2. Twenty-second Schedule rep. by SLR 1908 Sections 79, 210. Section 429. Section 558. 1894 c.60 Section 567.

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	Statutes of Northern Ireland
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Statutes of Northern Ireland