Sched. Session and 31 & 32 Vict. 32 & 33 Vict. 33 & 34 Vict. c. 95. 34 & 35 Vict. c. 110. 35 & 36 Vict. c. 73. 36 & 37 Vict. c. 85. 37 & 38 Vict. c. 88. 38 & 39 Vict. c. 17. 39 & 40 Vict. c. 27. 39 & 40 Vict. c. 80. 40 & 41 Vict. c. 16. 42 & 43 Vict. c. 72. 43 & 44 Vict. c. 16. 43 & 44 Vict. 43 & 44 Vict. c. 22. 43 & 44 Vict. 45 & 46 Vict. 45 & 46 Vict. 46 & 47 Vict. c. 22. 46 & 47 Vict. 49 & 50 Vict. 50 & 51 Vict. c. 4. 50 & 51 Vict. Editors' Note: The Local Light Dues Reduction Act, 1876. The Merchant Shipping Act, 1876. The Removal of Wreck Act, 1877. The Shipping Casualties Investigation Act, 1879. The Merchant Seamen Payment of Wages and Rating Act, 1880. The Merchant Shipping Act (1854) Amendment Act, 1880. The Merchant Shipping (Fees and Expenses) Act, 1880. The Merchant Shipping (Carriage of Grain) Act, 1880. The Merchant Shipping (Expenses) Act, 1882. The Merchant Shipping (Colonial Inquiries) Act, 1882. The Sea Fisheries Act, 1883 The Merchant Shipping (Fishing Boats) Act, 1883. The Riot (Damages) Act, 1886.. The Merchant Shipping (Fishing Boats) Act, 1887. The Merchant Shipping (Miscellaneous) Act, 1887. The whole Act. The whole Act. The whole Act, except sections one, ten, and seventeen. The whole Act. Section thirty-seven, except sub-section (6), and except so far as the section relates to Her Majesty's ships. Section forty-two. The whole Act. The whole Act. The whole Act. (i) This date, which was no doubt intended for "1870," is printed "1876" in the Queen's Printer's copy of the Act. MERCHANT SHIPPING ACT, 1897. An Act to amend the Merchant Shipping Act, 1894, with [6th August, 1897. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1.-(1.) Section four hundred and fifty-nine of the Merchant Shipping Act, 1894 (which gives power to detain unsafe ships), shall apply in the case of undermanning, and accordingly that section shall be construed as if the words "or by reason of undermanning" were inserted therein after the word " machinery,' and as if the words "or for ascertaining the sufficiency of her crew," were inserted after the word "surveyed," and as if the words " or the manning of the ship" were inserted therein after the words "reloading of cargo," and the powers exerciseable under or for the purposes of that section shall include power to muster the crew (a). (2.) Section four hundred and sixty-two of the Merchant Shipping Act, 1894 (which relates to foreign ships), shall also apply in the case of undermanning, and accordingly that section shall be construed as if the words " or by reason of undermanning" were inserted therein after the words "improper loading." (a) It would seem that this power is to be exercised by the "detaining officer" appointed under s. 459 of M. S. A. 1894. A power to muster the crew of any ship in order to see that the provisions generally of the Act, &c. are complied with, is given to various officials by M. S. A. 1894, s. 723. 2. This Act may be cited as the Merchant Shipping Act, 1897. 60 & 61 Vict. c. 61. MERCHANT SHIPPING (EXEMPTION FROM (60 & 61 VICT. c. 61.) An Act to remove certain Exemptions from Compulsory [6th August, 1897. Pilotage. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: from com under 6 Geo. 4, 1. As from the first day of July, one thousand eight hundred Abolition of and ninety-eight, section six hundred and three of the Merchant exemptions Shipping Act, 1894, so far as it continues the exemptions pulsory granted by section fifty-nine of the Act passed in the sixth year pilotage of King George the Fourth, chapter one hundred and twentyfive, and extended by the Order in Council of the eighteenth of c. 125, 8. 59. February, one thousand eight hundred and fifty-four (a), and the said Order in Council shall cease to operate in the case of vessels on voyages between any port in Sweden or Norway and the port of London (b). (a) As to the Act of 6 Geo. 4, and the Order in Council, and cases thereunder, see NOTE thereon under M. S. A. 1894, s. 603, at p. 348, ante. (b) When trading and not carrying passengers, such vessels are still exempted from compulsory pilotage, as the section does not affect the exemptions in s. 625 of M. S. A. 1894, by which vessels trading from a port in Europe North and East of Brest, &c., to any port in Great Britain within the London and Trinity House outport districts are exempted from compulsory pilotage in those districts when not carrying passengers. The Columbus (1899), 80 L. T. 203; 8 Asp. M. L. C. 488. s. 2. This Act may be cited as the Merchant Shipping (Exemp- Short title. tion from Pilotage) Act, 1897. MERCHANT SHIPPING (LIABILITY OF (61 & 62 VICT. c. 14. An Act to amend the Merchant Shipping Act, 1894, with respect to the Liability of Shipowners. [25th July, 1898. BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. Sections five hundred and two to five hundred and nine inclusive of the Merchant Shipping Act, 1894, shall extend and apply to the owners, builders, or other parties interested (a) in any ship (b) built at any port or place in Her Majesty's dominions, from and including the launching of such ship until the registration thereof under section two of the Merchant Shipping Act, 1894. Provided always that such owners, builders, or other parties interested as aforesaid shall not benefit under this section for a period beyond three months after the launching of such ship (c). This section removes the inequitable operation of the law as to limitation of liability as illustrated in The Andalusian (1878), 47 L. J. Ad. 65; 3 P. D. 182: collision by an unregistered ship during launch. (a) Owners and parties interested include beneficial owners. Cf. The Spirit of the Ocean (1865), B. & L. 336; 34 L. J. Ad. 74; and see M. S. A. 1894, s. 57, and notes thereto. (b) "Any ship." For definition, see 8. 4. M. S. A. 1894, s. 502, only applies to British ships, and the present Act is not to be construed so as to extend s. 502 to the owners of a ship or share therein after the ship has become a foreign ship. M. S. A. 1906, s. 70. Quare, in what event a ship becomes a "foreign ship" within this provision. (e) The words in italics are repealed by the M. S. A. 1906, s. 85, Sch. II. 2. So much of section five hundred and eight of the Merchant Shipping Act, 1894, as is inconsistent with the foregoing is hereby repealed. 3. For the purposes of this Act the tonnage of a ship shall be ascertained as provided by section five hundred and three, subsection two (b) and (c), of the Merchant Shipping Act, 1894, with regard to foreign ships. |