Pt. IV. 370-371. the purpose of collecting and conveying to the land the catch of fishing boats. Definitions. (a) By order of Board of Trade of 2nd Nov. 1899, sea fishing boats registered at any port in the United Kingdom being (1) sailing trawlers under 50 tons registered tonnage, (2) paddle steamers employed as trawlers, are exempt from the portions of ss. 399-408 relating to the engagement of seamen : St. R. & O. Rev. 1904; Merchant Shipping, p. 186, Appendix, p. 646. (b) This includes power to exempt fishing boats going to sea from ports in Scotland from the provisions of ss. 413-416. See M. S. A. 1906, s. 81 (2). (c) See s. 729. 370. In this Part of this Act, unless the context otherwise [1883, ss. 3, requires18.] "Fishing boat." "Second hand." "Voyage." Ascertainment of tonnage of [1883, s. 3; The expression "fishing boat" means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing or in the sea fishing service (a), but save as otherwise expressly provided, that expression shall not include a vessel used for catching fish otherwise than for profit (b). The expression "second hand" means, with respect to a fishing boat, the mate or person next to the skipper in authority or command on board the boat. The expression "voyage" shall mean a fishing trip commencing with a departure from a port (c) for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip, but a return due to distress only shall not be deemed to be a return, if it is followed by a resumption of the trip. (a) The term " sea-fishing is not defined in this Act, but in the Sea Fisheries Act, 1868, s. 5, as follows: "The term sea fish' does not include salmon, as defined by any Act relating to salmon, but save as aforesaid, includes every description both of fish and of shell fish which is found in the sea to which this Act applies; and sea-fishing,' 'sea fisherman,' and other expressions referring to sea fish shall in this Act be construed to refer only to sea fish as before defined." Cf. judgment of Lord Russell, C. J. in Reg. v. Lynch, 67 L. J. Q. B. 59; [1898] 1 Q. B. 61. It seems that a 66 fishing boat is generally a ship within the meaning of this Act, as being a vessel which substantially goes to sea: see note (d) to 8. 742, and Ex parte Ferguson, there cited, in which a fishing "coble" was held to be a ship. And if a fishing boat is a ship, she is required by s. 2 to be regis tered under Part I. of the Act, unless she falls within the exemptions in s. 3. As to certain Newfoundland and other fishing vessels, see s. 744. 66 (b) See s. 373, sub-s. (1), as to vessels fishing otherwise than for profit. 371.-(1.) The tonnage of a fishing boat for the purpose of this Part of this Act shall be taken to be in the case of a steam trawler her gross tonnage, but in any other case her register tonnage. (2.) Where a fishing boat is registered under Part I. of this Act (a), her gross or register tonnage as ascertained for the Pt. IV. purpose of that registry shall be her gross or register tonnage 372-373. for the purpose of this Part of this Act. (3.) Where a fishing boat is not so registered a certificate signed by a surveyor of ships under this Act (b) stating her gross or register tonnage, ascertained as in the case of a ship registered under Part I. of this Act (c), shall be conclusive of that tonnage. (a) See note (a) to s. 370. (b) See ss. 724 et seq. (c) See ss. 77 et seq. 372. This Part of this Act shall not, except where otherwise Extent of expressly provided, apply to Scotland, or to any British Part IV. possession. [1883, s. 1; 50 Vict. As to Scotland, see Part II. as applied by s. 263, sub-s. (3), and see s. 389 sess. 2, c. 4, (agreements for sharing profits), and M. Š. A. 1906, s. 81' (certificates of S. 13.] skippers, &c. on trawlers). As to vessels engaged in the whale and Newfoundland cod fisheries, see s. 744, and M. S. A. 1906, s. 83. The M. S. (Fishing Boats) Acts, 1883, 1887, expressly excluded Scotland only, but it seems to have been assumed in practice and in framing this section that they were not intended to apply to British possessions. (I.) PROVISIONS APPLYING TO ALL FISHING BOATS AND TO THE WHOLE FISHING SERVICE. The following sections shall apply to all fishing boats and the whole fishing service: But see the power of exemption, &c. in s. 369, sub-s. (2). Fishing Boats Register. boats. 373. (1.) This section shall apply to the British Islands, Registry of and to all British fishing boats, including those used otherwise British fishing than for profit, and the expression "fishing boat" in this section [31 & 32 Vict. shall be construed accordingly. c. 45, ss. 5, 22, (2.) Subject to any exemptions made by the regulations under 23; 46 & 47 this section, every fishing boat shall be lettered and numbered Vict. c. 22, s. 8.] and have official papers, and shall for that purpose be entered in the fishing boat register. (3.) If a fishing boat required to be so entered is not so entered, she shall not be entitled to any of the privileges or advantages of a British fishing boat, but all obligations, liabilities, and penalties with reference to that boat, and the punishment of offences committed on board her, or by any persons belonging to her, and the jurisdiction of officers and courts, shall be the same as if the boat were actually so entered (a). (4.) If a fishing boat required to be entered in the fishing boat register is not so entered, and is used as a fishing boat, the owner and skipper of such boat shall each be liable, for each offence, to Pt. IV. 374. 31 & 32 Vict. c. 45. 46 & 47 Vict. c. 22. 39 & 40 Vict. c. 36. Effect of registry of fishing boat. 31 & 32 Vict. c. 45. a fine not exceeding twenty pounds, and the boat may be detained (b). (5.) Her Majesty, by Order in Council, may make regulations (e) for carrying into effect and enforcing the entry of fishing boats in the fishing boat register, and any convention with a foreign country relative to the registry, lettering, and numbering of fishing boats, which is for the time being in force by virtue of any statute, and may by such regulations (a.) adopt any existing system of registry or lettering and numbering of boats, and provide for bringing any such system into conformity with the requirements of this Act and of any such convention, and the regulations; and (b.) define the boats or classes of boats to which the regulations or any of them are to apply, and provide for the exemption of any boats or classes of boats from the provisions of this section, and from the regulations or any of them; and (c.) apply to the entry of fishing boats in the fishing boat register, and to all matters incidental thereto, such (if any) of the enactments contained in this or any other Act relating to the registry of British ships, and with such modifications and alterations as may be found desirable; and (d.) impose fines not exceeding twenty pounds for the breach of any such regulations which cannot be punished by the application of any of those enactments. (6.) Section twenty-six of the Sea Fisheries Act, 1868, and sections eleven to fourteen of the Sea Fisheries Act, 1883 (d), shall apply in like manner as if those sections referred to this section and an Order in Council made thereunder, in substitution for sections twenty-two to twenty-four of the Sea Fisheries Act, 1868, and any Order in Council made under those sections. (7.) Section one hundred and seventy-six of the Customs Consolidation Act, 1876 (e), shall not apply to any fishing boat entered in the fishing boat register in pursuance of this Act. (a) Cf. s. 72, liabilities of ships not recognised as British. (b) As to detention, see s. 692. (c) The regulations now (1st June, 1907) in force are Orders in Council, 24 March, 1902 (No. 274); 12 March, 1903 (No. 214); 24 Oct. 1904 (No. 1658); 11 July, 1905 (No. 844); 23 Oct. 1905 (No. 1120). See St. R. & O. for each year of the Orders. (d) The Sea Fisheries Act, 1868, s. 26, provides for the compulsory carrying of certificates of registry or official papers by sea-fishing boats. The Sea Fisheries Act, 1883, ss. 11-14, provides for the enforcement of that Act by sea-fishery officers. (e) The Customs Consolidation Act, 1876, s. 176, provides that boats not belonging to ships shall have the names of the owner and port painted on the stern. 374. In all legal proceedings against the owner or skipper of, or any person belonging to, any boat entered in the fishing boat register, either for an offence against the fishery regulations or regulations as to lights in the Sea Fisheries Act, 1868, or for an Pt. IV. 375. 46 & 47 Vict. [31 & 32 Vict. offence against the Sea Fisheries Act, 1883, or for the recovery of damages for injury done by such boat, the register shall be conclusive evidence that the persons entered therein at any date c. 22. as owners of the boat were at that date owners thereof, and that the boat is a British sea fishing-boat: Provided that(a.) this enactment shall not prevent any proceedings being c. 22, s. 8.] instituted against any person not so entered who is beneficially interested (a) in the boat; and (b.) this enactment shall not affect the rights of the owners among themselves, or the rights of any owner entered in the register against any person not so entered who is beneficially interested in the boat; and (c.) save as aforesaid, entry in the fishing-boat register shall not confer, take away, or affect any title to or interest in any fishing boat. (a) See the definition of "beneficial interest," for the purposes of Part I. of the Act, in s. 57. c. 45, s. 24; 46 & 47 Vict. 375.-(1.) A fishing boat entered in the fishing boat Rules as to register (a), whether used for profit or not, shall not proceed to boats and life-buoys sea from any port in the United Kingdomof fishing (a.) if she is decked, unless she is provided according to her boats. tonnage with boats duly supplied with all requisites [1854, ss. 292 -294; 51 & for use, and not being fewer in number nor less in 52 Vict. their cubic contents than is in that behalf specified in c. 24.] the Fifteenth Schedule to this Act for the class to which the fishing boat belongs; and (b.) if she carries more than ten passengers (b), unless she is, in addition to the above boats, provided with two lifebuoys and provided either with a lifeboat furnished with all requisites for use, or has one of her boats rendered buoyant after the manner of a lifeboat; and such boats and life-buoys shall be kept so as to be at all times fit and ready for use. (2.) In any of the following cases— (a.) if any such fishing boat proceeds to sea without being (b.) if any such boat or life-buoy is lost or rendered unfit then, if the owner appears to be in fault, he shall for each offence Pt. IV. 376. Offences by seamen and skipper appears to be in fault, he shall for each offence be liable to a fine not exceeding fifty pounds. (3.) A fishing boat required under this section to be provided with boats and life-buoys may be detained (c) until she is duly so provided. (a) Such boats are exempted from the corresponding general provisions of 8. 427 and the rules thereunder. But it has been questioned whether the exemption applies if the fishing boat is employed as a cargo-carrying vessel, as she may be at certain seasons. (b) This provision seems to apply to the case of a steam fish carrier taking out hands to fishing fleets. It would seem that, unless the hands pay for their passages, such a vessel is not a passenger steamer "within the meaning of s. 267 (see note thereto), and therefore not subject to the provisions of Part III. (e) For provisions as to detention, see s. 692. Discipline. 376.-(1.) If a seaman lawfully engaged to serve in any apprentices. fishing boat, or an apprentice in the sea fishing service (a), commits any of the following offences, that seaman or apprentice shall be liable to be punished summarily as follows: [1883, s. 28; : (a.) For the offence of desertion (b),-he shall be liable to (b.) For the offence of absence without leave, that is to say (d.) For the offence of wilful disobedience (c), that is to say |