Preliminary.

which such jurisdiction or powers may be exercised, with all A.D. 1869.
docks, quays, yards, works, and buildings within those limits
belonging to such harbour authority or being under the exclu-
sive controul of such harbour authority by virtue of such
statute, law, charter, or usage:

The term "harbour authority" means any persons or person,
being proprietors or proprietor of or intrusted with the duty
or invested with the power of constructing, improving, man-
aging, regulating, maintaining, or lighting a harbour :
The term "conservancy authority" means any person intrusted
with the duty of conserving, maintaining, or improving the
navigation of any tidal water:
The term "shipping purpose

" includes the constructing or
doing of any work or thing that conduces to the safety or con-
venience of ships, or that facilitates the shipping or unshipping
of goods or passengers, or is intended to do so, and also the
management and superintending of any such work; and also
includes the maintenance of any lifeboat or other means of
preserving life in case of shipwreck :

The term "special Act" means a local or local and personal
Act, or an Act of a local and personal nature, and includes
a provisional order of the Board of Trade confirmed by Act
of Parliament, and a certificate granted by the Board of Trade
under the Railways Construction Facilities Act, 1864; and
powers under a Provisional Order so confirmed, or under such
certificate, are included among "statutory powers" within the
meaning of this Act:

The term "the Lands Clauses Acts means, with respect to
England and Ireland, The Lands Clauses Consolidation Act,
1845, and any Act amending the same; and, with respect to
Scotland, The Lands Clauses Consolidation (Scotland) Act,
1845, and any Act amending the same:

The term "goods includes wares and merchandize of every
description, and all articles in respect of which dues are pay-
able in or at any harbour:

The term "wharf" includes all wharves, quays, docks, and
premises in or on which goods when landed from ships may
be lawfully placed:

The term "warehouse includes all warehouses, buildings, and
premises in which goods when landed from ships may be
lawfully placed:

The term "ballast" includes anything used for the ballasting of
ships:

A.D. 1869.

Preliminary.

Commence

The

term "due" means any due toll, rate, impost, tax, charge, or duty, or payment in the nature thereof, payable in respect of ships or goods carried in ships, other than a duty of customs levied for the use of Her Majesty :

The term "quarter sessions" includes general sessions:
The term "court" includes any justices, sheriff, or magistrate
exercising jurisdiction for the purposes of this Act.

3. This Act shall not come into operation until the first day of

ment of Act. May one thousand eight hundred and seventy, which day is in this

Exemption of Her Ma

Act referred to as the commencement of this Act.

jesty's ships. apply to ships belonging to Her Majesty.

Division of
Act.

5

10

4. This Act shall not, except as herein-after specially provided,

5. This Act shall be divided into eighteen parts:

The first part relating to British ships; their ownership, measurement, and registry:

15

The second part to masters and seamen :

The third part to safety and prevention of accidents :

The fourth part to delivery of goods and lien for freight:

The twelfth part to powers for harbours by provisional order :
The thirteenth part to local charges on shipping:

5

PART I.

BRITISH SHIPS: THEIR OWNERSHIP AND REGISTRY.

PART I. British Ships, &c.

6. This part of this Act applies to the whole of Her Majesty's Application

dominions.

of Part. 1854, s. 17.

7. For purposes of this Act, a ship shall be deemed a British Definition ship if she belongs wholly to persons entitled to be owners of of British ships. British ships, and not otherwise.

10

15

20

25

30

35

40

8. Persons and bodies corporate coming within the following Exclusive descriptions, and no others, are entitled to be owners of British ships: description (1.) Natural-born British subjects:

of owners of British

1854, s. 18.

(2.) Persons naturalized by or in pursuance of an Act of Parlia- ships.
ment of the United Kingdom, or by or in pursuance of
an Act or ordinance of the proper legislative authority in
a British possession:

(3.) Persons made denizens by letters of denization :
(4.) Bodies corporate established under and subject to the laws
of some part of the Her Majesty's dominions, and having
their principal place of business in those dominions :
Provided always, as follows:-

(1.) A natural-born British subject who has taken the oath of
allegiance to a foreign sovereign or state, or become a
citizen of a foreign state, shall not be entitled to be
owner of a British ship if, after taking that oath or
becoming citizen of that state, he have not taken the oath
of allegiance to Her Majesty, and if at any time during
the period of his claiming to be such owner he have not
one or more of the following qualifications, namely,—

(a.) Is resident in Her Majesty's dominions;
(b.) Is member of a British factory;

(c.) Is partner in a house actually carrying on business
in Her Majesty's dominions :

(2.) A person naturalized or made a denizen as aforesaid shall
not be entitled to be owner of a British ship if he have
not taken the oath of allegiance to Her Majesty after
being naturalized or made denizen, and if at any time
during the period of his claiming to be such owner he
have not one or more of the qualifications specified in
this proviso.

Obligation of registration, with

9. Every British ship shall be registered under this Act, subject the excepto this qualification, that it shall not be necessary that ships coming tion of ships in within one of the classes described in the first schedule to this Act schedule. be so registered. 1854, s. 19

(2), (3).

PART I.
British

Ships, &c.

Her Majesty

in Council may alter first schedule.

Recognition of British ships.

10. It shall be lawful for Her Majesty from time to time by Order in Council to direct that any classes of ships may be added to those described in the first schedule to this Act, and to revoke or alter such order; and so long as such order is in force it shall not be requisite for ships coming within any of the classes so added 5 to be registered under this Act.

11. A ship required to be registered under this Act shall not unless so registered be entitled to be recognized as a British

1854, s. 19. ship.

Conse

quences of

non-re

cognition

as British ship.

1854, s. 106.

Production

12. Where under this Act a ship belonging to any person or 10 body qualified according to this Act to own a British ship is not entitled to be recognized as a British ship the following consequences shall ensue :

(1.) The ship shall not be entitled to use the British flag or assume the British national character:

15

(2.) The ship shall not be entitled to any benefit, privilege,' advan-
tage, or protection usually enjoyed by British ships:
(3.) As far as regards the payment of dues, the liability of owners
to penalties, and punishments of offences committed on
board, or by any persons belonging to her, and all matters 20
relative thereto, the ship shall be dealt with as if she were
recognised as a British ship.

13. The master of a British ship shall, whenever called upon to of certificate do so by any British officer of customs or British consular officer,

before

clearance

granted.

1854, s. 19.

Gross tonnage.

24.

Register tonnage.

produce to such officer her certificate of registry or other national 25 papers; and any officer of customs may detain her until such certificate is produced to him.

Measurement of Tonnage.

14. The gross tonnage of every ship shall be deemed to be the cubical contents of the hull of the ship, and of every covered-in 30 space on the upper deck; and in cases where cargo is carried on deck, of a certain space thereon not covered in. And the contents of such spaces shall be determined in the manner specified in the regulations contained in the second schedule to this Act, in this Act referred to as the tonnage regulations of this Act. 35

The register tonnage of sailing ships shall be deemed to be the gross tonnage as above described, less the space occupied by seamen and apprentices, and appropriated to their use. The register tonnage of ships propelled by steam or other power requiring engine room shall be deemed to be the gross tonnage as above described, 40 less the space occupied by seamen and apprentices, and appropriated to their use, and also less the space occupied by the engine room

5

PART I.

British

and adjoining coal bunkers. And the contents of the said crew spaces and engine spaces, and the deductions on account thereof, Ships, &e. shall be determined in manner specified in the tonnage regulations of this Act.

15. If any goods or stores are stowed or carried in any space for Penalty for which a deduction from the gross tonnage of a ship has been carrying goods in allowed, in accordance with the tonnage regulations of this Act, such space. the master and owner shall each be liable to a penalty not exceeding one hundred pounds, and every such space in which goods are stowed 10 or carried shall ever afterwards be added to and form part of the registered tonnage of the ship.

of tonnage

16. The Commissioners of Customs, with the approval of the Alteration Board of Trade, may from time to time alter the regulations con- regulations. tained in the second schedule to this Act or any of them, and any 1854, s. 29. 15 altered regulation for the time being in force by virtue of this section shall be deemed one of the tonnage regulations of this Act.

and regulations for

17. The Commissioners of Customs, from time to time, with Surveyors the approval of the Treasury, may appoint such persons as they think fit to be surveyors for the purposes of this part of this Act, measure20 who shall superintend the survey and measurement of ships (and ment of ships. who are in this Act referred to as measuring surveyors), and, 1854, s. 29. with the approval of the Board of Trade, may make regulations respecting the performance of the duties of such surveyors.

foreign

countries

18. Whenever it appears to Her Majesty in Council that the Ships of 25 tonnage regulations of this Act have been adopted by the government of any foreign country, and are in force there, whether adopting without modification or with such modifications only as appear to tonnage regulations Her Majesty in Council immaterial, an order in council may direct of Act need that the ships of that country shall for all purposes in Her Majesty's 30 dominions be deemed to be of the tonnage denoted in their certificates of registry or other national papers; and the provisions of any such order shall have effect as if they had been enacted by Parliament.

not be re-
25 & 26 Vict.
c. 63. s. 60.

measured.

sured under

sured under

Rule I.

19. The owner of any ship which is measured under Rule II. of Ships mea35 the tonnage regulations of this Act may at any subsequent period Rule II. apply to the Commissioners of Customs to have the said ship may be mearemeasured under Rule I. of the same regulations; and the said commissioners may thereupon, and upon payment of such fee not exceeding seven shillings and sixpence for each tranverse section 40 as they may authorize, direct the said ship to be remeasured accordingly, and the number denoting the register tonnage shall be altered accordingly.