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Pt. I.

or apprentices and appropriated to their use, which is 80.
certified under the regulations scheduled to this Act (b)
with regard thereto;

(ii.) Any space used exclusively for the working of
the helm, the capstan, and the anchor gear, or for
keeping the charts, signals, and other instruments of
navigation, and boatswains stores; and

(iii.) the space occupied by the donkey engine and boiler, if connected with the main pumps of the ship; and

(iv.) Any space (other than a double bottom) adapted only for water ballast; and

(b.) in the case of a ship wholly propelled by sails, any space set apart and used exclusively for the storage of sails.

(2.) The deductions allowed under this section, other than a deduction for a space occupied by seamen or apprentices, and certified as aforesaid, shall be subject to the following provisions, namely:

(a.) The space deducted must be certified by a surveyor of ships (c) as reasonable in extent and properly and efficiently constructed for the purpose for which it is intended;

(b.) there must he permanently marked in or over every such space a notice stating the purpose to which it is to be applied, and that whilst so applied it is to be deducted from the tonnage of the ship;

(c.) the deduction on account of space for storage of sails must not exceed two and a half per cent, of the tonnage of the ship.

For the purpose of enabling spaces used for water ballast to be deducted in ascertaining the register tonnage of a ship, this section is to be read as if the words in clarendon were added. See M. S. A. 1906, s. 54 (1).

(a) This section can now be applied in ascertaining the registered tonnage of a steamship for the purposes of limitation of liability under s. 503, because the amendment of s. 603 by the M. S. A. 1906, s. 69, renders nugatory the decision of The Umbilo, 60 L. J. P. 7; [1891] P. 118, which decided that certified crew spaces mentioned in sub-s. (1) (a) (i) were to be excluded in ascertaining the "grow tonnage without deduction on account of engine room."

(A) See the 6th Schedule.

(f) See s. 725 for powers of surveyors.

80. In the case of a screw steamship which, on the twenty-sixth Provisions as day of August, one thousand eight hundred and eighty-nine, had j£ ^uctions an engine-room allowance of thirty-two per cent, of the gross certain ° tonnage of the ship, and in which any crew space on deck has steamships, not been included in the gross tonnage, whether its contents [52 & 53 Vict, have been deducted therefrom or not, the crew space shall, on c- 43>8- 4-J the application of the owner of the ship, or by direction of the Board of Trade, be measured and its contents ascertained and

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Measurement
of ships with
double
bottoms
for water
ballast.
[52 & 53 Vict,
c. 43, s. 5.]

added to the register tonnage of the ship; and if it appears that with that addition to the tonnage the engine-room does not occupy more than thirteen per cent, of the tonnage of the ship, the existing allowance for engine-room of thirty-two per cent, of the tonnage shall be continued.

81. In the case of a ship constructed with a double bottom for water ballast, if the space between the inner and outer plating thereof is certified by a surveyor of ships to be not available for the carriage of cargo, stores, or fuel, then the depth required by the provisions of ltule I. relating to the measurement of transverse areas shall be taken to be the upper side of the inner plating of the double bottom, and that upper side shall, for the purposes of measurement, be deemed to represent the floor timber referred to in that Rule.

As to the measurement of such ships, see also Appendix, p. 524.

Tonnage once 82. Whenever the tonnage of any ship has been ascertained

bTtheTton- 4° anc^ registered in accordance with the tonnage regulations of

nage of ship, this Act, the same shall thenceforth be deemed to be the ton

[1854, s. 26.] nage of the ship, and shall be repeated in every subsequent

registry thereof, unless any alteration is made in the form or

capacity of the ship, or unless it is discovered that the tonnage

of the ship has been erroneously computed; and in either of

those cases the ship shall be re-measured, and her tonnage

determined and registered according to the tonnage regulations

of this Act.

In an action of limitation of liability, evidence for the defendants, to prore that the registered tonnage of the plaintiff's ship was not the correct tonnage, was held admissible, apparently under the section here re-enacted. The Meeepta (1889), 58 L. J. P. 70; 14 P. D. 131.

See also The Franconia, cited in note to s. 84, and see note (m) to s. 503.

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Tonnage of

ships of

foreign

countries

adopting

tonnage

regulations.

[1862, ss. 60,

62.]

83. Such fees as the Board of Trade determine shall be paid in respect of the measurement of a ship's tonnage not exceeding those specified in the Third Schedule to this Act, and those fees shall be paid into the Mercantile Marine Fund (a).

(n) The fees are now to be paid to the Exchequer: see M. S. (Mercantile Marine Fund) Act, 1898, s. 1.

84.—(1.) Whenever it appears to Her Majesty the Queen in Council that the tonnage regulations of this Act have been adopted by any foreign country, and are in force there, Her Majesty in Council may order that the ships of that country shall, without being re-measured in Her Majesty's dominions, be deemed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a British ship is deemed to be the tonnage of that ship, and any space shown by the certificate of

Pt. I. registry or other national papers of any such ship as deducted 85. from tonnage on account of being occupied by seamen or apprentices, and appropriated to their use, shall be deemed to have been certified under this Act, and to comply with the provisions of this Act which apply to such a space in the case of British ships, unless a surveyor of ships certifies to the Board of Trade that the construction and the equipment of the ship as respects that space do not come up to the standard required under this Act in the case of a British ship, and if any question arises whether the construction and the equipment of the ship so come up to the required standard a surveyor of ships may inspect the ship for purpose of determining whether such a certificate should be given by him or not.

(2.) Her Majesty in Council may limit the time during which the Order is to remain in operation, and make the Order subject to such conditions and qualifications (if any) as Her Majesty may deem expedient, and the operation of the Order shall be limited and modified accordingly.

(3.) If it is made to appear to Her Majesty that the tonnage [52 & 53 Vict. of any foreign ship, as measured by the rules of the country to c- i3>8- 6-] which she belongs, materially differs from that which would be her tonnage if measured under this Act, Her Majesty in Council may order that, notwithstanding any Order in Council for the time being in force under this section, any of the ships of that country may, for all or any of the purposes of this Act, be re-measured in accordance with this Act.

This sub-section is to be read as if the words in clarendon were added thereto by the M. S. A. 1906, s. 65. This amendment was made presumably on account of the conflicting decisions of The Cordilleras, 73 L. J. P. 13; [1904] P. 90, and the Owners of S.S. Olga v. Owners ofS.fi. Anglia (1905), 42 Sc. L. R. 439.

The following is a list of the Orders in Council in force on 31st December, 190G, under the powers of this Act and those reproduced in sub-ss. (1), (2). As to the saving of Orders made before January 1, 1895, see s. 745:—AustriaHungary, 19th Aug. 1871: Belgium, 17 Oct. 1884; Denmark, 29 Feb. 1868; 30 Dec. 1878; 20 April, 1883; 21 Nov. 1895; France, 10 Aug. 1904; Germany, 23 July, 1889; 22 Feb. 1896; Greece, 14 Aug. 1879; Hayti, 3 May, 1882; Italy, 11 May, 1906; Japan, 27 Jan. 1885; Netherlands, 3 May, 1888; Norway, 27 June, 1894; Russia and Finland, 20 Nov. 1880; Spain, 17 Mar. 1875; 5 Aug. 1875; Sweden, 18 Aug. 1882; United States, 30 July, 1868; 19 March, 1883; 3 Oct. 1895. See Appendix, p. 627, whero those relating to ships recently built are set out.

The power in sub-s. (3) has been exercised in respect of Spain, 29 January, 1904. See Appendix, post, p. 540.

In The Franeonia (1878), 3 P. D. 164, it was held that an Order in Council under M. S. A. 1862, s. 60 (sub-s. (1) of the present section), did not make the certificate of registry of a foreign ship conclusive evidence of the tonnage, but only such evidence as the register of a British ship would be, i.e., prima facie evidence; and that therefore the Court was entitled to consider the legal effect of the measurements stated in such certificate, i.e., whether the crew space was to be deducted. Cf. s. 503, sub-s. (2) (b), and M. S. A. 190C, s. 69, for measurement of foreign ships for limitation of liability, and s. 695 as to admissibility of documents.

85.—(1.) If any ship, British or foreign, other than a home Space occutrade ship as defined by this Act (a), carries as deck cargo, that Pled by deek Pt. I.

86—87. is to say, in any uncovered space upon deck, or in any covered cargo to be~~ space not included in the cubical contents forming the ship's liable to dues, registered tonnage, timber, stores, or other goods (i), all dues [39 & 40 Vict, payable on the ship's tonnage shall be payable as if there were c. 80, as. 23, a(j(Jed to the ship's registered tonnage the tonnage of the space ■J occupied (c) by those goods at the time at which the dues become

payable.

(2.) The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight lines inclosing a rectangular space sufficient to include the goods.

(3.) The tonnage of the space shall be ascertained by an officer of the Board of Trade or of Customs in manner directed as to the measurement of poops or other closed-in spaces by Rule I. in the Second Schedule to this Act, and when so ascertained shall be entered by him in the ship's official log book (d), and also in a memorandum which he shall deliver to the master, and the master shall, when the said dues are demanded, produce that memorandum in like manner as if it were the certificate of registry, or, in the case of a foreign sliip, the document equivalent to a certificate of registry, and in default shall be liable to the same penalty as if he had failed to produce the said certificate or document (e).

(4.) Nothing in this section shall apply to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any British possession, or to deck cargo carried by a ship while engaged in the coasting trade of any British possession.

(a) See s. 742 for definition.

(A) "Stores or other goods" includes bunker coal carried in an uncovered space on deck for use on voyage. See Cairn Line of S.S., L'd. v. Corporation of Trinity House, 76 L. J. K. B. 377; [1907] 1 K. B. 604. "Other goods" includes horse's and cattle. Seo Richmond Htll S.S. Co. v. Corporat'un of Trinity House, 65 L. J. Q. B. 6C1; [1896] 2 Q. B. 134.

(c) In the case of horses and cattle the space is the rectangular space which is reasonably necessary to hold the animal, allowing it due facility for movement. See ibid.

(d) As to official log books and entries therein, see ss. 239 et seq.

(e) I.e., to a fine not exceeding one hundred pounds. See s. 16.

Surveyors and 86. All duties in relation to the survey and measurement of regulations ships shall be performed by surveyors of ships under this Act (a) menTof ships. *n accordance with regulations made by the Board of Trade. [1854, s. 29; (a) See ss. 724 et acq. as to surveyors and their powers, and, as to colonies, 35 & 36 Vict. s. 727. c. 73,ss.3,13.]

Levy on ton- 87- Any persons having power to levy tonnage rates on ships

nage rates may; if they think fit, with the consent of the Board of Trade,

Actson°the levT those tonnage rates upon the registered tonnage of the

registered ships as determined by the tonnage regulations of this Act,

tonnage. notwithstanding that any local Act under which those rates are

[1862, s. 4.] ievied provides for levying the same upon some different system of tonnage measurement.

Pt. I. Ports of Registry in Place under Foreign Jurisdiction Act. 88—91.

88. Where, in accordance with the Foreign Jurisdiction Act, Foreign ports 1890, Her Majesty exercises jurisdiction within any port, it ofrcg:lstryshall he lawful for Her Majesty, by Order in Council, to declare f^ bi Victthat port a port of registry, and by the same or any subsequent [30 & 37 Vict. Order in Council to declare the description of persons who are 0. 85, s. 29.] to be registrars of British ships at that port of registry, and to

make regulations with respect to the registry of British ships thereat.

The following ports of registry have been appointed :—Shanghai. Order of 15th July, 1904. Larnaca, in the Island of Cyprus. Order of 29th June, 1900. Old Calabar, in the Protectorate of Southern Nigeria. Order of 7th March, 1904. •

See Appendix, p. 547.

Registry in Colonies.

89. In every British possession the Governor of the possession Powors of shall occupy the place of the Commissioners of Customs with Governors regard to the performance of anything relating to the registry ,..,.. me®' of a ship or of any interest in a ship registered in that possession, 39 & io Viet, and shall have power to approve a port within the possession <>■ 36, s. 149; for the registry of ships. TMa* « J1,0'

Under the section of the Act of 1854 here reproduced a doubt arose whether certain powers, transferred since 1854 from the Commissioners of Customs to the Board of Trade, were still enjoyed by governors of colonies. Under the present section such powers are not conferred on governors. But as to the appointment of surveyors of ships, see s. 727.

90.—(1.) The Governor of a British possession may, with Terminable the approval of a Secretary of State, make regulations providing r^!^r*tf0l °* that, on an application for the registry under this Act in that small ships possession of any ship which does not exceed sixty tons burden (a), in colonies. the registrar may grant, in lieu of a certificate of registry as [3l4 32V»ot. required by this Act, a certificate of registry to be terminable at e' " '**' ' '■' the end of six months or any longer period from the granting thereof, and all certificates of registry granted under any such regulations shall be in such form and have effect subject to such conditions as the regulations provide.

(2.) Any ship to which a certificate is granted under any such regulations shall, while that certificate is in force, and in relation to all things done or omitted during that period, be deemed to be a registered British ship (b).

(n) See The Brunei, 69 L. J. P. 8; [1900] P. 24; and ante, s. 3, note (a). (4) See 8. 72 for liabilities of Bhips not recognised as British.

Application of Part J.

91. This Part of this Act shall apply to the whole of Her Application Majesty's dominions, and to all places where Her Majesty has of Part I. jurisdiction. ['854, s. 17.]

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