The Merchant Shipping Acts

Pt. XIV. 743-744.

Application of

18.-(1.) The expression "British Islands" shall mean the United Kingdom, the Channel Islands, and the Isle of Man.

(2.) The expression "British possession "shall mean any part of Her Majesty's dominions exclusive of the United Kingdom, and when parts of such dominions are under both a central and a local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be cne British possession.

(3.) The expression "Colony" shall mean any part of Her Majesty's dominions exclusive of the British Islands and of British India, and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one Colony.

(4.) The expression "British India" shall mean all territories and places within Her Majesty's dominions which are for the time being governed by Her Majesty through the Governor-General of India, or through any governor or other officer subordinate to the Governor-General of India.

(5.) The expression "India" shall mean British India, together with any tributaries of any native prince or chief under the suzerainty of Her Majesty exercised through the Governor-General of India, or through any governor or other officer subordinate to the Governor-General of India.

(6.) The expression "Governor" shall, as respects Canada and India, mean the Governor-General, and include any person who for the time being has the powers of the Governor-General, and as respects any other British possession, shall include the officer for the time being administering the government of that possession.

(7.) The expression "Colonial legislature," and the expression "legislature," when used with reference to a British possession, shall respectively mean the authority, other than the imperial Parliament or Her Majesty the Queen in Council, competent to make laws for a British possession.

19. In this Act, and in every Act passed after the commencement of this Act,

the expression "person shall, unless the contrary intention appear, include any body of persons corporate or unincorporate.

31. When any Act, whether passed before or after the commencement of this Act, confers power to make, grant, or issue any instrument, that is to say, any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or byelaws, expressions used in the instrument, if it is made after the commencement of the Act, shall, unless the contrary intention appears, have the same respective meanings as in the Act conferring the power.

38. When any Act passed after the commencement of this Act, repeals and re-enacts, with or without modifications, any provisions of a former Act, references in any other Act to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.

743. Any provisions of this Act applying to steamers or propelled by steamships shall apply to ships propelled by electricity or other mechanical power with such modifications as the Board of Trade may prescribe for the purpose of adaptation.

electricity, &c.

[52 & 53 Vict. c. 46, s. 5.] Application of 744. Ships engaged in the whale, seal, walrus, or NewfoundAct to certain land cod fisheries shall be deemed to be foreign-going ships for fishing vessels. the purpose of this Act, and not fishing boats, with the exception [1883, s. 53.] of ships engaged in the Newfoundland cod fisheries which belong to ports in Canada or Newfoundland, and of ships engaged in the whale fisheries off the coast of Scotland and registered at ports in Scotland (a).

(a) The words in clarendon are added by M. S. A. 1906, s. 83.

Repeal and Savings.

Pt. XIV.

745.

745.-(1.) The Acts mentioned in the Twenty-second Repeal. Schedule to this Act are hereby repealed to the extent specified

in the third column of that schedule.

Provided that

(a.) Any Order in Council, licence, certificate, byelaw, rule,
or regulation made or granted under any enact-
ment hereby repealed shall continue in force as if it
had been made or granted under this Act (a);
(b.) Any officer appointed, any body elected or constituted,
and any savings bank or office established, under
any enactment hereby repealed shall continue and
be deemed to have been appointed, elected, con-
stituted, or established, as the case may be, under
this Act;

(c.) Any document (b) referring to any Act or enactment
hereby repealed shall be construed to refer to this
Act, or to the corresponding enactment of this Act;
(d.) Any penalty may be recovered, and any offence may
be prosecuted, under any provision of the Merchant
Shipping Acts, 1854 to 1892, which is not repealed
by this Act, in the same manner as fines may be
recovered and offences prosecuted under this Act;

(e.) Ships registered under the Merchant Shipping Act, 17 & 18 Vict.
1854, and the Acts amending the same, or duly c. 120.

registered before the passing of the Merchant
Shipping Act, 1854, shall be deemed to have been

registered under this Act (c).

(f.) Nothing in this Act shall affect the Behring Sea 57 & 58 Vict. Award Act, 1894 (d), and that Act shall have effect c. 2.

as if this Act had not passed.

(2.) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889, with regard 52 & 53 Vict. to the effect of repeals.

c. 63.

(3.) The tonnage of every ship not measured or remeasured in accordance with the Merchant Shipping Tonnage Act, 1889, 52 & 53 Vict. shall be estimated for all purposes as if any deduction prohibited c. 43. by the Merchant Shipping Tonnage Act, 1889, had not been made, and the particulars relating to the ship's tonnage in the registry book and in her certificate of registry shall be corrected accordingly.

(a) Particulars of such Orders in Council, rules, &c., are given under the sections of the Act which respectively reproduce the provisions whereunder they were made. As to the interpretation of such Orders, see Rex v. Abrahams, 73 L. J. K. B. 972; [1904] 2 K. B. 859.

(6) Such references in any other Act are similarly provided for by s. 38 of the Interpretation Act, 1889. See ante, p. 420,

(c) The marginal reference here is apparently incorrect: it should read c. 104, not c. 120, which is the M. S. Repeal Act, 1854.

(d) That Act applies certain penal and other provisions of M. S. A. 1854, 1876, to fur-seal fishing vessels in the North Pacific.

746.-(1.) Nothing in this Act shall affect the Chinese Passengers Act, 1855 (a).

(2.) Any local Act which repeals or affects any provisions of the Acts repealed by this Act shall have the same effect on the corresponding provisions of this Act as it had on the said provisions repealed by this Act (b).

(3.) Nothing in this Act shall affect the rating of any seaman who was rated and served as A.B. before the second day of August one thousand eight hundred and eighty (c).

(a) The Act saved relates to ships conveying Asiatic emigrants from ports in China, or within 100 miles of the coast thereof.

(b) Cf. s. 735, sub-s. (2), as to repeals in British possessions.

Short title.

Commencement.

Short Title and Commencement.

747. This Act may be cited as the Merchant Shipping Act, 1894.

748. This Act shall come into operation on the first day of January one thousand eight hundred and ninety-five.

SCHEDULES.

Sched. I.

FIRST SCHEDULE.

PART I. (a).

[The forms in this Part of the Schedule are subject to alteration from Sections 24, time to time by the Commissioners of Customs, with the consent 31, 37, 65. of the Board of Trade.]

Length from fore part of Stem, under Feet. Tenths.

the bowsprit, to the aft side of the

Head of the Stern-post...

Length at quarter of depth from top of
weather deck at side amidships to
bottom of keel..

Mainbreadth to outside of Plank
Depth in Hold from Tonnage Deck to
Ceiling at Midships

Depth in Hold from Upper Deck to
Ceiling at Midships in the case of
three Decks and upwards....

Depth from top of Beam amidships to
top of Keel

Depth from top of Deck at side amid-
ships to bottom of keel.

Round of Beam

Length of Engine Room, if any.

EDITORS' NOTES.-With the exception of marginal references to the corresponding parts of the repealed enactments, all notes by the Editors upon the Schedules are printed as foot-notes, and are preceded by the words "Editors' Note" or "Editors' Notes"; all other notes (marginal and otherwise) occur in the Schedules in the Queen's printer's copy of the Act.

(a) The forms in Part I. of this Schedule substantially reproduce those issued by the Commissioners of Customs, with the consent of the Board of Trade, in substitution for those contained in M. S. A. 1854.

Sched. I.

Particulars of Displacement.

Total to quarter the depth from weather | Ditto per inch immersion at same deck at side amidships to bottom of

depth

.........

tons.

Under tonnage deck
Closed-in spaces above the ton-
nage deck, if any:
Space or spaces between deck
Poop

Forecastle.

Roundhouse....

Other closed-in spaces, spaces
for machinery, light and air,
if any

No. of
Tons.

DEDUCTIONS ALLOWED.

On account of space required for
propelling power..

....

On account of spaces occupied by
seamen or apprentices, and ap-
propriated to their use, and
certified under the regulations
scheduled to this Act. These
spaces are the following, viz.:

On account of space used exclusive-
ly for accommodation of master,
for the working of the helm, the
capstan and the anchor gear, or
for keeping the charts, signals,
and other instruments of naviga-
tion, and boatswains stores, and
for space occupied by donkey
engine and boiler, and in case of
sailing ships for space used for
storage of sails

Cubic Metres.

Gross tonnage
Deductions as per contra

Registered tonnage....

Total Deductions.

in consideration of the sum of paid tot the receipt whereof is hereby acknowledged, transfer

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