[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/msosaoa1900525.txt

[New search] [Help]

MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1900

MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1900 -
LONG TITLE

An Act to amend the Merchant Shipping Act, 1894, with respect to
the Liability of Shipowners and others.{1}
[6th August 1900]
NS.1 rep. by 1958 c.62 s.8(6) sch.

MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1900 -
SECT 2
Limitation of liability of harbour conservancy authority.

2.(1) The owners of any dock or canal, or a harbour authority or
a conservancy authority, as defined by the Merchant Shipping Act,
1894, shall not, where without their actual fault or privity any
loss or damage is caused to any vessel or vessels, or to any
goods, merchandise, or other things whatsoever on board any vessel
or vessels, be liable to damages beyond an aggregate amount
[equivalent to 1,000 gold francs] for each ton of the tonnage of
the largest registered British ship which, at the time of such loss
or damage occurring, is, or within the period of five years
previous thereto has been, within the area over which such dock or
canal owner, harbour authority, or conservancy authority, performs any
duty or exercises any power. A ship shall not be deemed to have
been within the area over which a harbour authority or a
conservancy authority performs any duty, or exercises any powers, by
reason only that it has been built or fitted out within such area,
or that it has taken shelter within or passed through such area on
a voyage between two places both situate outside that area, or that
it has loaded or unloaded mails or passengers within that area.

[(2) For the purpose of this section the tonnage of ships shall be
ascertained as provided by section five hundred and three, subsection
two, of the Merchant Shipping Act, 1894, and the register of any
ship shall be sufficient evidence that the gross tonnage and the
deductions therefrom and the registered tonnage are as therein
stated.]

[(3) Section five hundred and four of the Merchant Shipping Act,
1894, shall apply to this section as if the words "owner of a
British or foreign ship" included a harbour authority, and a
conservancy authority, and the owner of a canal or of a dock.]

(4) For the purpose of this section the term "dock" shall include
wet docks and basins, tidal docks and basins, locks, cuts,
entrances, dry docks, graving docks, gridirons, slips, quays, wharves,
piers, stages, landing-places, and jetties.

(5) For the purposes of this section the term "owners of a dock
or canal" shall include any person or authority having the control
and management of any dock or canal, as the case may be.

(6) Nothing in this section shall impose any liability in respect
of any such loss or damage on any such owners or authority in any
case where no such liability would have existed if this Act had
not passed.

MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1900 -
SECT 3
Limitation of liability where several claims arise on one occasion.

3. The limitation of liability under this Act shall relate to the
whole of any losses and damages which may arise upon any one
distinct occasion, although such losses and damages may be sustained
by more than one person, and shall apply whether the liability
arises at common law or under any general or private Act of
Parliament, and notwithstanding anything contained in such Act.

MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1900 -
SECT 4
Short title.

4. This Act may be cited as the Merchant Shipping (Liability of
Shipowners and others) Act, 1900.

MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1900 -
SECT 5
Construction.

5. This Act shall be construed as one with the Merchant Shipping
Act, 1894, and that Act and the Merchant Shipping Act, 1897, the
Merchant Shipping (Exemption from Pilotage) Act, 1897, the Merchant
Shipping (Liability of Shipowners) Act, 1898, the Merchant Shipping
(Mercantile Marine Fund) Act, 1898, and this Act, may be cited
together as the Merchant Shipping Acts, 1894 to 1900.