negative words showing that the Court should not apply s. 191 (1894, s. 167) to foreign masters. Cf. R. v. Seberg, cited in note preceding s. 220. As to jurisdiction generally in cases of foreign ships, masters and seamen, see s. 167, note (a). As to general lighthouse authorities, see s. 634. Pt. II. 261-262. 261. This Part of this Act shall, unless the context or Application of subject-matter requires a different application, apply to all seagoing British ships registered out of the United Kingdom, and to the owners, masters, and crews thereof as follows; that is to say, Part II. to ships registered elsewhere than in the United Kingdom. (a.) the provisions relating to the shipping and discharge of [1854, s. 109.] seamen in the United Kingdom and to volunteering into the Navy shall apply in every case; (b.) the provisions relating to lists of the crew and to the property of deceased seamen and apprentices shall apply where the crew are discharged, or the final port of destination of the ship is, in the United Kingdom; and (c.) all the provisions shall apply where the ships are employed in trading or going between any port in the United Kingdom, and any port not situate in the British possession or country in which the ship is registered; and (d.) the provisions relating to the rights of seamen in respect of wages, to the shipping and discharge of seamen in ports abroad, to leaving seamen abroad and to the relief of seamen in distress in ports abroad, to the provisions, health, and accommodation of seamen, to the power of seamen to make complaints, to the protection of seamen from imposition, and to discipline, shall apply in every case except where the ship is within the jurisdiction of the government of the British possession in which the ship is registered. See notes to s. 260. See also s. 264, application of Part II. to colony by colonial legislatures. cation of rities and 262. The following provisions of this Part of this Act shall Partial applinot apply to ships belonging to the three general lighthouse Part II. to authorities (a) or to pleasure yachts (b), or to the owners, ships of lightmasters, and crews thereof, namely, the provisions relating to house autho(a.) the requirement of officers to hold certificates of com- pleasure petency, and the production of those certificates; (b.) the exemption from stamp duty and record of indentures [1862, s. 13.] of apprenticeship, and matters to be done for the purpose of such record; (c.) the entry in the agreement with the crew of the particulars respecting apprentices, and matters to be done for the purpose of such entry; yachts. Pt. II. 263. Partial appli- fishing boats. 1862, s. 13; 46 & 47 Vict. c. 41, ss. 1, 55.] (d.) the engagement or supply of seamen or apprentices by or through unlicensed persons; (e.) agreements with the crew (except the provisions relating to the engagement of a seaman abroad); (f.) the compulsory discharge and payment of seamen's wages before a superintendent and the compulsory delivery of an account of wages; (g.) the accommodation for seamen ; (h.) the deduction and payment of fines imposed under stipulations in the agreement; (i.) the delivery of documents at ports abroad to consular or customs officers; or (j.) official log books. (a) As to those authorities, see s. 634. (b) For other exemptions of these vessels, see ss. 437, 438, 690. 263.-(1.) This Part of this Act (except the provisions thereof relating to the transmission and delivery of lists of crews, volunteering into the Navy, and the property of deceased seamen (a)) shall not, subject as hereinafter provided with respect to Scotland or by the Fourth Part of this Act (b), apply to fishing boats exclusively employed in fishing on the coasts of the United Kingdom (c), or to the owners, skippers, and crews thereof. (2.) The provisions of this Part of this Act relating to- (b.) compulsory agreements with the crew; (c.) the alteration, falsification, or posting up of copies of (d.) compensation to seamen improperly discharged; (f.) the granting of certificates of discharge and the return (g.) the decision of questions by the superintendent when referred to him; (h.) the production of the ship's papers by the master to the superintendent in proceedings under this Act before him; or (i.) the sections constituting the offences of desertion, absence without leave, and offences against discipline; shall not, subject as in this section mentioned with respect to Scotland, apply to any fishing boats whether or not exclusively employed in fishing on the coasts of the United Kingdom (c), or to the owners, skippers, and crews thereof. (3.) So far as respects Scotland (d) all of this Part of this Act (except the provisions thereof declared not to apply to ships belonging to the general lighthouse authorities or to pleasure yachts (e)) shall apply to fishing boats, whether or not exclusively Pt. II. employed in fishing on the coasts of the United Kingdom, and 264–266. to the owners, skippers, and crews thereof in like manner as it applies to other ships, and the owners, skippers, and crews thereof. (a) As to the last two of these exceptions, the Act appears rather to follow the practice than the law under the former Acts. (b) Part IV. consists of provisions applicable to fishing boats (excepting generally Scotland, see s. 372), which are for the most part in substitution for the provisions of Part II. (c) As to certain Newfoundland and other fishing vessels, see s. 744 and M. S. A. 1906, s. 83. (d) As to application of s. 237 to Scotland, see M. S. A. 1906, s. 82. (e) See s. 262. 264. If the legislature of a British possession, by any law, Application of apply or adapt to any British ships registered at, trading with, Part II. to or being at, any port in that possession, and to the owners, Colonial Colony by masters, and crews of those ships, any provisions of this Part of legislatures. this Act which do not otherwise so apply, such law shall have [1854, s. 288.] effect throughout Her Majesty's dominions, and in all places where Her Majesty has jurisdiction in the same manner as if it were enacted in this Act. Cf. s. 368, application of Part III. to India; s. 735, power of colonial legistures to alter provisions of Act. 265. Where in any matter relating to a ship or to a person Conflict of belonging to a ship there appears to be a conflict of laws, then, laws. if there is in this Part of this Act any provision on the subject [1854, s. 290.] which is hereby expressly made to extend to that ship, the case shall be governed by that provision; but if there is no such provision, the case shall be governed by the law of the port at which the ship is registered. In The Milford, supra (s. 260), a suit for wages by a foreign master, it was held that the lex fori and not the lex loci contractus applied. See also, as to jurisdiction in cases of foreign ships, masters and seamen, s. 167, note (a). 266. This Part of this Act shall apply to an unregistered Unregistered British ship which ought to have been registered under this Act, ship deemed as if such ship had been registered in the United Kingdom. Cf. s. 486, as to similar provisions for Part VI. See also the provisions of 8. 72 as to British ships not entitled to be recognised as such, and see note (b) to s. 1. to be registered in United Kingdom for certain purposes. [1883, s. 49.] Pt. III. 267. Definition of "passenger" and " pas senger steamer." [1854, ss. 291, 303.] PART III.-PASSENGER AND EMIGRANT SHIPS. This Part consolidated the Passengers Acts and certain sections of the Merchant Shipping Acts which related to steamers carrying passengers. Its provisions generally apply to passenger and emigrant ships in addition to, and not in substitution for, those of other parts of the Act. See also now M. S. A. 1906, Part II. Passenger and Emigrant Ships. As to legal proceedings under Part III., see ss. 356-358, and the general provisions of Part XIII., ss. 680 et seq. 1. DEFINITIONS. For other definitions, see s. 742. Definition of Passenger Steamer and Passenger. 267. For the purposes of this Part of this Act The expression "passenger" shall include any person carried in a ship other than the master and crew, and the owner, his family and servants; and 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) and every foreign steamship carrying passengers between places in the United Kingdom. The words in italics are repealed by the M. S. A. 1906, s. 85, Sched. II. The definition of "passenger steamer" in this section has been amended "so as to include every foreign steamship (whether originally proceeding from a port in the United Kingdom or from a port out of the United Kingdom) which carries passengers to or from any place, or between any places, in the United Kingdom." See M. S. A. 1906, s. 13. " is hereby given "Passenger "-" Passenger steamer."-The term "passenger a more natural meaning than it had under the Passengers Acts. See note (a) to s. 268. The definition is taken from M. S. A. 1854, s. 303, with "ship" substituted for "steamship." 66 Where the owner lent a steamer, without making any charge, to a party of more than twelve persons for an excursion on a river, and they gave the master a gratuity for himself and crew and coals, it was held that they were not passengers," nor the ship a "passenger steamer," and that she was not "plying" (see s. 271) within the meaning of these provisions, and that therefore her owner could not be convicted for not having a certificate posted up as required by 1854, s. 318 (1894, ss. 271, 281). Hedges v. Hooker (1889), 60 L. T. 822; 37 W. R. 491; disagreeing with R. v. Divisional Justices of Dublin (1884), 15 C. C. C. 379; S. C. sub nom. Kiddle v. Kidston, 14 L. R. Ir. 1. See also The Hanna (guest of captain who worked his passage) (1866), 36 L. J. Ad. 1; L. R. 1 A. & E. 283; followed in The Lion (1869), 38 L. J. Ad. 51; L. R. 2 P. C. 525; The Clymene (distressed seamen), 66 L. J. P. 152; [1897] P. 295; Hay v. Corporation of Trinity House (distressed seamen) (1895), 65 L. J. Q. B. 90; 8 Asp. M. L. C. 77, referred to in note (a) to s. 625. As to fishing boats carrying passengers, see s. 375, and note (b) thereto. "Home-trade passenger ship" is defined for the purpose of the Act generally in s. 742. "Steamship."-The provisions of the Act as to steamers and steamships apply to ships propelled by electricity, &c., with such modifications as the Board of Trade may prescribe. See s. 743. "Ship."-As to what vessels are included in this term, see s. 742. In The Mayor of Southport v. Morriss, 62 L. J. M. C. 47; [1893] 1 Q. B. 359, it was held that an electric launch used for carrying passengers on pleasure trips on a small artificial lake was not a "ship" within M. S. A. 1854, s. 2 (1894, 8.742), because, having regard to the size of the lake, she was not a vessel "used in navigation"; and that therefore she did not require a certificate under M. S. A. 1854, s. 318 (1894, s. 271). "British ship."-As to what constitutes a British ship, see ss. 1, and notes thereto, 2, 3; and as to the liabilities of British ships which are not recognised as British, and of persons belonging thereto, see s. 72. Definition of Emigrant Ship, &c. Pt. III. 268. c. 119, s. 3; 268. For the purposes of this Part of this Act, unless the "Emigrant context otherwise requiresship," &c. to which (1.) The expression "emigrant ship" (a) shall mean every Part applies. sea-going (b) ship, whether British or foreign, and [18 & 19 Vict. whether or not conveying mails, carrying, upon any 26 & 27 Vict. voyage to which the provisions of this Part of this Act c. 51, ss. 3, 4.] respecting emigrant ships apply (c), more than fifty steerage passengers or a greater number of steerage passengers than in the proportion, (a.) if the ship is a sailing ship, of one statute adult to thirty-three tons of the ship's registered tonnage; and (b.) if the ship is a steam ship of one statute adult to every twenty tons of the ship's registered tonnage; and includes a ship which, having proceeded from a port outside the British Islands, takes on board at any port in the British Islands such number of steerage passengers whether British subjects or aliens resident in the British Islands, as would, either with or without the steerage passengers which she already has on board, constitute her an emigrant ship; (2.) The expression "statute adult" shall mean a person of the age of twelve years or upwards, and two persons between the ages of one (d) and twelve years shall be treated as one statute adult; (3.) The expression "steerage passenger" shall mean all passengers except cabin passengers, and persons shall not be deemed cabin passengers unless— (a.) the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial feet to each statute adult; and (b.) they are messed throughout the voyage at the same table with the master or first officer of the ship; and (c.) the fare contracted to be paid by them is in the proportion for every week of the length of the voyage (as determined under this Part of this Act for sailing vessels) of thirty shillings, if the voyage of the ship is from the |