Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 63 of 101)
Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 63 of 101)
Font size
QR-code for this ebook


sioners for executing his office :

"The Board of Trade" shall mean the Lords of the Committee of Privy
Council appointed for the consideration of matters relating to trade and
foreign plantations :

"The Tnnity 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 Port of Dublin Corporation" shall mean the corporation for pre-
serving and improving the port of Dublin :

"Consular Officer" shall include consul-general, consul and vice-consul,

(a) This section is repealed by the M. S. Repeal Act, 1854 (17 & 18 Vict
c. 120). See post.



Digitized by



Google



17 & 18 Vict, a 104. xxvii

and any person for the time being discharging the duties of consul-
general, consul or vice-consul :

'' Receiver'' shall mean any person appointed in pursuance of this act
receiver of wreck :

''Pibtage Authority'' shall include all bodies and persons authorized to
appoint or license pilots, or to fix or alter rates of pilotage, or to ex-
ercise any jurisdiction in respect of pilotage :

'* Pilot" shall mean any person not belonging to a ship who has the con-
duct thereof:

" Qualified Pilot" shall mean any person duly licensed by any pilotage
authority to conduct ships to which he does not belong ;

" Master'* shall include every person (except a pilot) having command or
charge of any ship :

''Seaman'* shall include every person (except masters, pilots and ap-
prentices duly indentured and registered), employed or engaged in any
capacity on board any ship :

''Salvor" shall, in the case of salvage services rendered by the officers or
crew or part of the crew of any ship belonging to her Mt^esty, mean
the person in command of such ship :

" Person " shall include body corporate :

" Ship " shall include every description of vessel used in navigation not
propelled by oars :

" Foreign-eoing Ship" shall include every ship emplo^^ed 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 islands of Guernsey, Jersey, Sark,
Aldemey and Man, and the continent of Europe between tne river
Elbe and Brest inclusive :

"Home-trade Ship'* shall include every ship employed in trading or

§oing within the following limits ; that is to say, the United Kmg-
om, the islands of Guernsey, Jersey, Sark, Aldemey and Man, and
the continent of Europe between the river Elbe and Brest inclusive :

" Home-trade Passenger Ship" shall mean every home-trade ship em-
ployed in carrying passengers :

"Lighthouses" shall, in addition to the ordinary meaning of the word, in-
clude floating and other lights exhibited for the guidance of ship, and
" buoys and beacons" shall include all other marks and si^s of the sea :

" Wreck*' shall include jetsam, flotsam, lagan and derelict found in or on
the shores of the sea or any tidal water.

III. This act shall come into operation on the first day of May, one thou- commencemeiit
sand eight hundred and fifty-five. of act.

lY . This act shall not, except as hereinafter specially provided, apply to Exemption of her
ships belonging to her Majesty. M^e»ty'» ihipi.

V. This act shall be divided into eleven parts :

The first part relating to the Board of Trade: its general fnnc- Division of act.

tions :
The second part to British ships : their ownership, measurement,

and renstry :
The third part to masters and seamen :
The fourth part to safety and prevention of accidents :
The fifth part to pilotaee :
The sixth part to lighthouses :
The seventh part to tlie Mercantile Marine Fund :
The eighth part to wrecks, casualties and salvage :
The ninth part to liability of shipowners :
The tenth part to legal procedure :
The eleventh part to miscellaneous matters :



Digitized by



Google



xxvm



APPENDIX.



Pabt I.

THE BOARD OF TRADB : ITS GENERAL FUNCTIONS.



JPtfltc/tOfM of

Board of Trade,



VI. The Board of Trade shall be the department to undertake the general

superintendence of matters relating to merchant ships and seamen, and shall

Board of Trade to be authorized to carry into execution the provisions of this act, and of all

be department to other acts relatin&r to merchant ships and seamen in force for the time beincr,

•uperintend mer- _^, ^i u y_^ i_^^ ^_ ^^.i. ®'

chant shipping.



Other than such acts as relate to the revenue.



Board of Trade to
issue forms of
instnunenta.



Certificates and VII. All documents whatever purporting to be issued or written by or
POTtiM?© bS*"' ^^^^^ ^^^ direction of the Board of Trade, and purporting either to be sealed
sealed or signed with the seal of such Board, or to be signed bv one of the secretaries ch- as-
in agiven mwjner gistant secretaries to such Board, shall be received in evidence, and shall be
evidenSr^ deemed to be issued or written by or under the direction of the said Board,

without further proof, unless the contrary be shown ; and all documents pur-
porting to be certificates issued by the Board of Trade in pursuance of this
act, and to be sealed with the seal of such Board, or to be signed by one of
the officers of the marine department of such Board, shall be received in evi-
dence, and shall be deemed to be such certificates, without further proo^
unless the contrary be shown.

VIII. The Board of Trade may from time to time prepare and sanction
forms of the various books, instruments and papers required by this act
other than those required by the second part thereof, and may from time to
time make such alterations therein as it deems requisite ; and shall, before
finally issuing or altering any such form, give such public notice thereof as
it deems necessary in order to prevent inconvenience ; and shall cause every
such form to be sealed witli such seal as aforesaid, or marked with some other
distinguishing mark, and to be supplied at the custom houses and shipping
offices of the United Kingdom fi-ee ot charge, or at such moderate prices as
it may from time to time fix, or may license any person to print and sell the
same ; and every such book, instrument and paper as aforesaid shall be made
in the form issued by the Board of Trade ; and sanctioned by it as the proper
form for the time bemg ; aud no such book, instrument or paper as aforesaid,
unless made in such form, shall be admissible in evidence in any ci?il proceed-
ing on the part of any owner or master of any ship ; and every such book,
instrument or paper, if made in a form purporting to be a proper form, and
to be sealed or marked as aforesaid, shall be taken to be made in the form
hereby required, unless the contrary is proved.



Certain forms and
instruments to be
exempt from
stamp duty.



IX. All instruments used in carrying into efiTect the second part of this act,
if not already exempted from stamp duty, and all instruments which by the
third, fourth, sixth or seventh parts of this act are required to be made in
forms sanctioned by the Board of Trade, if made in such forms, and all in-
struments used by or under the direction of tlie Board of Trade in carrying
such parts of this act into efiect, shall be exempt from stamp duty.

Penalties for for- X. Every person who forges, assists in forging, or procures to be forged,
JSudu'ient a?t" r- ®"^^ ^^^ ^^ Other distinguishing mark as aforesaid, or who fraudulently alters,
ation of forms, assists in fraudulently ultering, or procures to be fraudulently altered, any
and for not using form issued by the Board of Trade, with the view of evading any of the pro-
Bwd of^^^e. visions of this act or any condition contained in such form, shall for each
oflTence be deemed guilty of a misdemeanor ; and every person who, in any
case in which a form sanctioned by the Board of Trade is, by the third part
of this act required to be used, uses without reasonable excuse any form not
purporting to be so sanctioned, or who prints, sells or uses any document
purporting to be a form so sanctioned knowing the same not to be so sanc-
tioned for the time being or not to have been prepared and issued by the
Board of Trade, shall for each such ofience incur a penalty not exceeding
ten pounds.



Digitized by



Google



17 & 18 Vict. c. 104. xxix

XI. Subject to the provisions hereinafler contained, all fees and payments Application of
(other than fines) coming to the hands of the Board of Trade under the third monies and nnes
and fourth parts of this act, shall be carried to the account of the Mercantile Trade?
Marine Fund hereinafter mentioned, and shall be dealt with as herein pre-
scribed in that behalf; and all fines coming to the hands of the Board of

Trade ander this act shall be paid into the receipt of her Majesty's Exchequer
in sQch manner as the Treasury may direct, and shall be carried to and form
part of the Consolidated Fund of the United Kingdom.

XII. All consular officers, and all officers of customs abroad, and all local Returns to Board
marine boards and shipping masters, shall make and send to the Board of °^ ^"^^'
Trade such returns or reports on any matter relating to British merchant

shipping or seamen as sucn Board renuires ; and all snipping masters shall,
whenever required by the Board of Trade, produce to such Board or to its
officers all official log-books and other documents which, in pursuance of this
act, are delivered to them.

XIII. Every officer of the Board of Trade, and every commissioned officer officers of Board
of any of her Majesty's ships on full pay, and every British consular officer, of Trade, naval
and the registrar-general of seamen and his assistant, and every chief officer the7egi8trar-
of customs in any place in her Majesty's dominions, and every shipping general of sea-
master, may, in c€ises where he has reason to suspect that the provisions of Ji^stomTand ^^
this act or the laws for the time being relating to merchant seamen and to shipping masten,
navigation are not complied with, exercise the following powers ; (that is to ™*y inspect do-

^Xv ' 1 «,«-«> muster crews.

He may require the owner, master or any of the crew of any British ship
to produce any official log-books or other documents relating to such
crew or any member thereof in their respective possession or control :
He may require any such master to produce a list of all persons on board
his ship, and take copies of such official log-books, or documents, or of
any part thereof:
He may muster the crew of any such ship :

He may summon the master to appear and give any explanation concern-
ing such ship or her crew or the said official log-books or documents :
And if, upon requisition duly made by any person so authorized in that behalf
as aforesaid, any person refuses or neglects to produce any such official log-
book or document as he is hereinbefore required to produce, or to allow the
same to be inspected or copied as aforesaid, or impedes any such muster of a
crew as aforesaid, or refuses or neglects to give any explanation which he is
hereinbefore required to give, or knowingly misleads or deceives any person
hereinbefore authorized to demand any such explanation, he shall for each
such offence incur a penalty not exceeding twenty pounds.

XIV. The Board of Trade may from time to time, whenever it seems ex- Board of Trade
pedient to them so to do, appoint any person, as an inspector, to report to may appoint in-
them upon the following matters ; (that is to say,) *^^ "*

(1.) 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 :

(2.) Whether the provisions of this act, or any regulations made under or
by virtue of this act, have been complied with :

(3.) Whether the hull and machinery of any steam ship are sufficient and
iu good condition.

XY. Every such inspector as aforesaid shall have the following powers ; Powers of ia>
(that b to say,) spectors.

(1.) He may go on board any ship, and may inspect the same or any part
thereof, or any of the machinery, boats, equipments or articles on
board thereof to which the provisions of this act apply, not unneces-
sarily detaining or delaying her from proceeding on any voyage :

(2.) He may enter and inspect any premises the entry or inspection of



Digitized by



Google



XXX



APPENDIX.



Witnesses to be
allowed ex-
penses;



penalty for re-
fusing to give
evidence.



Penalty for ob-
structing inspec-
tors in the exe-
cution of their
duty.



JppliaUion,

Application of
Part II. of act.

Description and
Oufnerthip of
British Ships,

Description and
ownership of
British ships.



which appears to him to be requisite for the purpose of the report

which he is directed to make :
(8.) He may, by summons under his hand, require the attendance of all

such persons as he thinks fit to call before him and examine for such

purpose, and may require answers or returns to any inquiries he thinks

fit to make :
(4.) He may require and enforce the production of all books, papers or

documents which he considers important for such purpose :
(5.) He may administer oaths, or may, in lieu of reouiring or administ^-

ing an oath, require every person examined by him to make and sab-

Bcribe a declaration of the truth of the statements made by him in his

examination :
And every witness so summoned as aforesaid shall be allowed such expenses
as would be allowed to any witness attending on subpoena to give evidence
before any Court of Record, or if in Scotland, fo anv witness attending on
citation the Court of Justiciary : and in case of any dispute as to tiie amount
of such expenses the same shall be referred by the inspector to one of the
masters of ner Majesty's Court of Queen's Bench in England or Ireland, or
to the Queen's and Lord Treasurer's Remembrancer in Scotland, who, on a
request made to him for that purpose under the hand of the said inspector,
shall ascertain and certify the proper amount of such expenses ; and every

Eerson who refuses to attend as a witness before any such inspector, after
aving been required so to do in the manner hereby directed and after having
had a tender made to him of the expenses (if any) to which be is entitled as
aforesaid, or who refuses or neglects to make any answer, or to give any
return, or to produce any document in his possession, or to make or subecrilie
any declarations which any such inspector is hereby empowered to require,
shall for each such offence incur a penalty not exceeding ten pounds.

XVI. Every person who wilfully impedes any such inspector appointed by
the Board of Trade as aforesaid m the execution of his duty, whether on
board any ship or elsewhere, shall incur a penalty not exceeding ten pounds,
and may be seized and detained by such inspector or other person, or by any
person or persons whom he may call to his assistance, until such offender can
be conveniently taken before some justice of the peace or other officer having
proper jurisdiction.

Part II.

BRITISH SHIPS : THBIR 0WNBR8HIP, MBA.SUREMEKT AND &EGI8TRT.

Application.

XVII. The second part of this act shall apply to the whole of her Majesty's
dominions.

Description and Otonership of British Ships,

XVIII. No ship shall be deemed to be a British ship unless she bdoogs
wholly to owners of the following description; (that is to say,)

(1.) Natural-born British subjects :

Provided that no natural-born subject who has taken the oath of
allegiance to any foreign sovereign or state shall be entitled to be
such owner as aforesaid, unless he has subsequently to taking such
last-mentioned oath taken the oath of allegiance to her Majesty,
and is and continues to be during the whole period of his so being
an owner resident in some place within her Majesty's dominions, or
if not so resident, member of a British factory, or partiier in a house
actually carrying on business in the United. Kingdom or in some
other place within her Majesty's dominions :

(2.) Persons made denizens by letters of denization, or naturalized by or
pursuant to any act of the imperial legislature, or by or pursuant to



Digitized by



Google



17 & 18 Vict. c. 104. xxxi

any act or ordinance of the proper legislative authority in any British

possession :

Provided that such persons are and continue to be during the whole
period of their so being owners resident in some place within her
Majesty's dominions, or if not so resident, members of a British
factory, or partners in a house actually carrying on business in the
United Kingdom or in some other place within her Majesty's
dominions, and have taken the oath of allegiance to her Majesty
subsequently to the period of their being so made denizens or
naturalized :
(3.) Bodies corporate established under, subject to the laws of and ha vine

their principal place of business in the United Kingdom or some British

possession.

XIX. Every British ship must be registered in manner hereinafter men- British ships with

tioned, except, certain exceptions

(I.) Ships duly registered before this act comes into operation : tewL*** "

(2.) 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 wiUiin which the managing owners
of such ships are resident :
(3.) Ships not exceeding thirty tons burden, and not having a whole or
Bxed deck, and employed solely in fishing or trading coastwise on the
shores of Newfoundland or parts adjacent thereto, or in the gulf of
St. Lawrence, or on such portion of the coasts of Canada, Nova
Scotia or New Brunswick as lie bordering on such gulf:
And no ship hereby required to be registered shall, unless registered, be re-
cognized as a British ship ; and no officer of customs shall grant a clearance
or transire to any ship hereby required to be registered for the purpose of
enabling her to proceed to sea as a British ship, unless the master of such
ship, upon being required so to do, produces to him such certificate of registry
as is hereinafter mentioned ; and if such ship attempts to proceed to sea as a
British ship without a clearance or transire, such ofiicer may detain such ship
until such certificate is produced to him.

Measurement of

Measurement of Tannage, Totinage.

XX. Throughout the following rules the tonnaee deck shall be taken to be Tonnage, deck,
the upper deck in ships which nave less than tnree decks, and to be the '«*'» decimals,
second deck from below in all other ships : and in carrying such rules into

effect all measurements shall be taken in feet and fractions of feet, and all

fractions of feet shall be expressed in decimals.

'^ Rule I.

XXI. The tonnage of every ship to be registered, with the exceptions For ships to be
mentioned in the next section, shall previously to her being registered be "?**^l[f,** *°5
ascertained by the following rule, hereinafter called Rule I.; and the ton- whSh the*hoid is
naffe of every ship to which such rule can be applied, whether she is about clear.

to be r^stered or not, shall be ascertained by the same rule :
(1.) Measure the length of the ship in a straight line along the upper side Lengths,
of the tonnage deck from the inside of the inner plank ^average thick-
ness) at the side of the stem to the inside of the midship stem timber
or plank there, as the case mav be (average thickness^, deducting
from this length what is due to tne rake of the bow in toe thickness
of the deck, and what is due to the rake of the stern timber in the
thickness of the deck, and also what is due to the rake of the stem
timber in one third of the round of the beam ; divide the length so
taken into the number of equal parts required by the following table,
according to the class in such table to which the ship belongs :



Digitized by



Google



XXXll



APPENDIX.



Table,
Class 1. Ships of which the tonnage deck is according to the above measare-
ment 50 feet long or under, into 4 equal parts :

y, 2. Ships of which the tonnage deck is according to the above measore-
ment above 50 feet long and not exceeding 1^, into 6 eqoal parts :

yy 3. Ships of which the tonnage deck is according to the above meaauie-
ment above 120 feet long and not exceeding 180, into 8 equal parts :

„ 4. Ships of which the tonnage deck is according to the above measure-
ment above 180 feet long and not exceeding 225, into 10 equal parts:

y, 5. Ships of which the tonnage deck is according to the above measure-
ment above 225 feet long, into 12 equal parts.
Trantverse aresi. (2.) Then, the hold being first sufficiently cleared to admit of the required
depths and breadths beins propjerly taken, find the transverse area of
such ship at each point ot division of the length as follows : — measure
the depth at each point of division, from a point at a distance of one
third of the round of the beam below such deck, or, in case of a break,
below a line stretched in continuation thereof, to the upper side of the
floor timber at the inside of the limber strake, afW deducting tbe
average thickness of the ceiling which is between the bilge planks and
limber strake ; then, if the depth at the midship division of the length
do not exceed sixteen feet, divide each depth into four equal parts;
then measure the inside horizontal breadth at each of the three points
of division, and also at the upper and lower points of the depth, ex-
tending each measurement to the average thickness of that part of the
ceiling which is between the points of mesisurement ; number these
breadths from above (t. e. numbering the upper breadth one, and so
on down to the lowest breadth) ; multiply the second and fourth by
four, and the third by two ; add these products together, and to the
sum add the first breadth and the fifth ; multiply the quantity thus
obtained by one third of the common interval between the broidtha,
and the product shall be deemed the transverse area ; but if tbe mid-
ship depth exceed sixteen feet, divide each depth into six equal parts
instead of four, and measure as before directed the horizontal breadths
at the five points of division, and also at the upper and lower points
of the depth ; number them from above as before ; multiply the second,
fourth and sixth by four, and the third and fifth by two ; add these
products together, and to the sum add the first breadth and the
seventh; multiply the quantity thus obtained by one third of the
common interval between the breadths^ and the product shall be
deemed the transverse area.

(3.) Havine thus ascertained the transverse area at each point of divi<iion
of the lenffth of the ship as required bjr the above table, proceed to
ascertain the register tonnage of the ship in the following manner :—
Number the areas successively 1, 2, 3, &c.. No. 1 being at the ex-
treme limit of the length at the bow, and the last No. at the extreme
limit of the length at the stern ; then, whether the length be divided
according to the table into four or twelve parts as in classes 1 and 5,
or any intermediate number as in classes 2, 3 and 4, multiply tbe
second and every even numbered area by four, and the third and
every odd numbered area (except the first and last) by two ; add these
products together, and to the sum add the first and last if they yield
anything ; multiply the quantity thus obtained by one third of tbe
common interval between the areas, and the product will be the cubi-
cal contents of the space under the tonnage deck ; divide this product
by one hundred, and the quotient being the tonnage under the tonnage
deck shall be deemed to be the register tonnage of the ship, subject to
the additions and deductions hereinafter mentioned.

(4.) If there be a break, a poop, or any other permanent closed-in space
on the upper deck, available for cargo or stores, or for the berthin^-
or accommodation of passengers or creW; the tonnage of such spac .



Computation
f^om



Poop and anf
other closed-in
■pace.



Digitized by



Google



17 & 18 Vict. c. 104. xxxiii

shall be ascertained as follows : — Measure the internal mean length of
such space in feet, and divide it into two equal parts ; measure at the
middle of its height three inside breadths, namely, 'one at each end and
the other at the middle of the length ; then to the sum of the end
breadths add four times the middle breadth, and multiply the whole



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 63 of 101)