ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Pt. III. 268.

18 & 19 Vict. c. 119, s. 37.

British Islands to a port south of the equator, and twenty shillings, if the voyage of the ship is from the British Islands to a port north of the equator; and

(d) they have been furnished with a duly signed contract ticket in the form prescribed by the Board of Trade for cabin passengers (d);

[ocr errors]

(3.) The expression "steerage passenger (d) means 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.) the fare contracted to be paid by them amounts to at least
the sum of twenty-five pounds for the entire voyage or
is in the proportion of at least sixty-five shillings for
every thousand miles of the length of the voyage; and
(c.) They have been furnished with a duly signed contract
ticket (e) in the form prescribed by the Board of Trade
for cabin passengers.

(4.) The expression "steerage passage" shall include passages
of all passengers except cabin passengers;
(5.) The expression "upper passenger deck" shall mean and
include the deck immediately beneath the upper deck,
or the poop or round house and deck house when the
number of passengers, whether cabin or steerage pas-
sengers, carried in the poop, round house, or deck
house, exceeds one third of the total number of
steerage passengers which the ship can lawfully carry
on the deck next below (f);

(6.) The expression "lower passenger deck" shall mean and
include the deck next beneath the upper passenger
deck not being an orlop deck.

Sub-s. 3 is repealed by the M. S. A. 1906, s. 85, Sched. II., and the sub-section in clarendon type is substituted by s. 14 of that Act.

(a) The terms "emigrant ship" and "steerage passenger" are in this Act substituted for "passenger ship" and " passenger, ," which were used with somewhat artificial meanings in the repealed Passengers Acts.

(b) As to the meaning of "sea-going," see Salt Union v. Wood, supra (s. 260). (c) I.e., voyages from the British Islands to ports out of Europe and not within the Mediterranean, and with certain limitations to colonial voyages (as defined in s. 270). See ss. 364, 365. As to the application of this Part of the Act to British possessions, see also ss. 366, 367; India, s. 368; and as to voyages to the British Islands, see ss. 336 et seq.

(d) Apparently infants under the age of one year are not to be considered in arriving at the number of "statute adults."

(e) As to such tickets, see s. 320. By that section a contract ticket is required to be furnished to a cabin passenger in an emigrant ship only. And it would appear from Ellis v. Pearce (1858), 27 L. J. M. C. 257; E. B. & E. 431, that persons who are in every respect cabin passengers within s. 268, except that they have not been furnished with contract tickets, are not to be counted as steerage passengers so as to make a ship an emigrant ship which would not otherwise

be 80.

This seems to render paragraph (3) regards the definition of an "emigrant ship.' O. 1894, No. 728, and Appendix, post, p. 636.

(c) of s. 268 inoperative so far as
For form of ticket, see S. R. &

(f) A ship shall not carry passengers, whether cabin or steerage, on more than one deck below the water-line. See M. S. A. 1906, s. 16.

Pt. III. 269-271.

269. For the purpose of this Part of this Act the length of Scale for the voyage of an emigrant ship from the British Islands to any length of determining port elsewhere shall be determined by such of the scales fixed voyages. by the Board of Trade as is applicable thereto, and the Board [18 & 19 Vict. of Trade may fix the scales by notice published in the London c. 119, s. 30.] Gazette, and may fix such different lengths of voyage as they think reasonable for different descriptions of ships.

The scale contained in s. 30 of M. S. A. 1855, was repealed by the Statute Law Revision Act, 1892, having been superseded by that contained in the Board of Trade Notice of 19th June, 1891, which remains in force under the present Act by virtue of s. 745. For this scale, see Appendix, p. 611.

As to the power of the emigration officer to declare the length of a portion of a voyage for certain purposes when it is not determined by the scale, see s. 297. As to the lengths of voyages from ports in British possessions, see s. 366; and in India, s. 368.

voyage.

270. For the purposes of this Part of this Act a colonial Definition of voyage means a voyage from any port in a British possession, colonial other than British India and Hong Kong, to any port whatever, 18 & 19 Vict. where the distance between such ports exceeds four hundred c. 119, s. 95.] miles, or the duration of the voyage, as determined under this Part of this Act, exceeds three days.

As to the limited application of this Part of the Act to colonial voyages, see s. 365; and as to British India, see s. 368 and the Interpretation Act, 1889, s. 18, see post, p. 420.

2. PASSENGER STEAMERS.

See also certain sections which, though under the heading "Emigrant Ships,” have a wider application, e.g., es. 332-334 (penalty on failure to produce contract ticket); ss. 336-338 (regulations as to ships carrying steerage passengers to the United Kingdom).

Survey of Passenger Steamers.

271.-(1.) Every passenger steamer which carries more than Annual twelve passengers (a) shall—

survey of passenger

(a.) be surveyed once at least in each year in the manner pro- steamers. vided in this Part of this Act; and

[1854, s. 318;

35 & 36 Vict.

(b.) shall not ply (a) or proceed to sea or on any voyage or 1862, s. 34; excursion with any passengers on board, unless the c. 73, s. 8; owner or master has the certificate from the Board of 39 & 40 Vict. Trade as to survey under this Part of this Act (b), the c. 80, ss. 16, same being in force, and applicable to the voyage or excursion on which the steamer is about to proceed (c).

(2.) A passenger steamer attempting to ply or go to sea may be detained (d) until such certificate as aforesaid is produced to the proper officer of Customs (d).

T.

M

18.]

Pt. III. 272.

Mode of

survey and declaration of survey.

[1854, s. 309;

1862, s. 12;

(3.) Provided that, while a steamer is an emigrant ship (e) and the provisions of this Part of this Act (f) as to the survey of the hull machinery and equipments of emigrant ships have been complied with, she shall not require a survey or certificate under this section.

were new in

(a) As to the meaning of "passenger," ", passenger steamer" and "ply," see note to s. 267, citing Hedges v. Hooker. The words "ply or sub-s. (1) (b): cf. s. 281; and see case last cited.

Foreign passenger steamers, having foreign certificates of survey, may in certain cases be exempted from further survey (see s. 363).

(b) See s. 274.

(c) Insurance. Where the master of a vessel, which has not obtained the requisite certificate, carries passengers to sea without his owner's knowledge, he exceeds his authority, and the voyage is not rendered by this section illegal so as to vitiate a policy effected by the innocent owner. Dudgeon v. Pembroke (1874), 43 L. J. Q. B. 220; L. R. 9 Q. B. 581; following Cunard v. Hyde (1858), 27 L. J. Q. B. 408; E. B. & E. 670; and Wilson v. Rankin (1865), 35 L. J. Q. B. 203; L. R. 1 Q. B. 162. But it is otherwise if the owner is a party to the illegal act. Cunard v. Hyde (1859), 29 L. J. Q. B. 6; 2 E. & E. 1. (d) Detention.-As to enforcement of, and as to proper officer, see s. 692. Penalty. If the provisions requiring a passenger steamer to be surveyed and to have a passenger steamer's certificate are not obeyed, the master or owner of the steamer or of the tender by which the passengers are taken on board or landed is liable to a fine not exceeding ten pounds for every passenger carried. See M. S. A. 1905, s. 21.

As to fines for not posting certificate up on board, and for plying without having it posted up, see s. 281, and for carrying more passengers than it specifies, s. 283, extended by M. S. A. 1906, s. 22. As to exemption where certificate expires while steamer is abroad, see s. 278.

(e) See s. 268 (definition of emigrant ship).
(f) See s. 289 (survey of emigrant ship).

272.-(1.) The owner of every passenger steamer (a) shall cause the same to be surveyed by a shipwright surveyor (b) of ships and an engineer surveyor of ships (c), 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

35 & 36 Vict. steamer. c. 73, s. 8.]

(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 (d) approved by the Board of Trade.

(3.) The declaration of the shipwright surveyor shall contain statements of the following particulars :

(a.) that the hull of the steamer is sufficient for the service intended and in good condition (c) :

(b.) that the boats, life buoys, lights, signals, compasses, and shelter for deck passengers, are such, and in such condition, as are required by this Act (e):

(c.) the time (if less than one year (ƒ)) for which the hull and equipments will be sufficient:

(d.) the limits (if any) beyond which, as regards the hull and

equipments, the steamer is in the surveyor's judgment not fit to ply: (e.) the number of passengers which the steamer is in the judgment of the surveyor fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins and in different parts of the deck (g) and cabins; those numbers to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried, or other circumstances, as the case requires: (f.) that the certificates of the master and mate or mates are such as are required by this Act (h).

(4.) The declaration of the engineer surveyor shall contain statements of the following particulars, namely

:

(a.) that the machinery of the steamer is sufficient for the service intended, and in good condition:

(b.) the time (if less than one year (f)) for which the machinery will be sufficient:

(c.) that the safety valves and fire hose are such and in such condition as are required by this Act (i):

(d.) the limit of the weight to be placed on the safety valves (k): (e.) the limits (if any) beyond which, as regards the machinery, the steamer is in the surveyor's judgment not fit to ply:

(f.) that the certificates of the engineer or engineers of the steamer are such as are required by this Act ().

(a) Means apparently only a passenger steamer which carries more than twelve passengers. See s. 271.

(b) The surveys required to be made under this section may be made by the same person if he has been appointed both as a ship surveyor and an engineer surveyor. See M. S. A. 1906, s. 75 (3).

(c) For provisions as to the appointment and control of surveyors of ships by the Board of Trade, their powers, &c., see ss. 724 et seq., and M. S. A. 1906, 8. 75. The Board may make regulations as to the performance of surveyors' duties, and the manner in which surveys are to be made (see s. 724, sub-s. (3)). As to whether they have power to issue an instruction that declarations shall not be granted unless vessels satisfy certain requirements, e.g., as to the materials of which certain pipes are to be made, see Denny v. Board of Trade, infra (s. 275).

(d) As to forms, see ss. 720 et seq.

(e) See the following sections and the rules thereunder (for which see Appendix)-Ss. 418 (lights, fog-signals), 427 (boats, life-buoys), 285, sub-s. (1), and 432 (compasses), 435 (distress signals), 285, sub-s. (3) (deck shelter).

(f) The surveys are now annual. See s. 271.

(g) Passengers may not be carried on more than one deck below the waterline. M. S. A. 1906, s. 16.

(h) See ss. 92 et seq. as to officers' certificates. The surveyors do not appear to have power to report as to the qualifications of the certified cook (M. S. A. 1906, 8. 27), or the medical practitioner (s. 303).

(i) See, as to safety-valves, s. 285, sub-s. (4); as to hose, ss. 285, sub-s. (2), 432.

(k) See ss. 286, 433.

Pt. III.

272.

Pt. III. 273-275.

Transmission of declara

tion.

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 [1851, s. 310.] a declaration of survey, he shall forfeit a sum not exceeding ten shillings 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.

Issue of passenger

steamer's

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, [1854, s. 312.] that is to say, a certificate stating such compliance and stating, according to the declarations

certificate.

Appeal to court of

survey.

[39 & 40 Vict. c. 80, s. 14.]

(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.

As to form of certificate, see s. 720.

275.-(1.) If the owner of a steamer feels aggrieved by the declaration of survey of a shipwright (a) or engineer 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 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.

(a) Now a ship surveyor. See M. S. A. 1906, s. 75.

As to courts of survey and procedure thereof, see ss. 487-489.

The provisions here re-enacted were held to exclude the right of appeal to the Court of Sessions: Denny v. Board of Trade (1880) (Sc.), 7 Crt. of Sess. Cas. (4th Series), 1019; 17 Sco. L. R. 694.

« ÀÌÀü°è¼Ó »