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Pt. V. 76-77.

Return to

be furnished of ships as to

by masters

passengers.

Return as to cattlemen brought to the United Kingdom.

any other section of the principal Act to a shipwright surveyor shall be construed as a reference to a ship surveyor.

(2.) Any surveyor of ships who before the passing of this Act has been appointed as a shipwright surveyor, or both as a shipwright surveyor and an engineer surveyor, shall be deemed to have been appointed as a ship surveyor, or both as a ship surveyor and an engineer surveyor, as the case may be.

(3.) The surveys required to be made under section two hundred and seventy-two of the principal Act by a ship surveyor and by an engineer surveyor may be made by the same person if that person has been appointed both as a ship surveyor and as an engineer surveyor, and that section shall be construed accordingly.

(4.) The Board of Trade may, under sub-section (2) of section seven hundred and twenty-four of the principal Act, in addition to appointing a surveyor-general of ships, appoint such other principal officers in connection with the survey of ships and other matters incidental thereto, as the Board think fit. (a) As to powers of surveyors of ships, see M. S. A. 1894, s. 725.

76.-(1.) The master of every ship, whether a British or foreign ship, which carries any passenger (a) to a place in the United Kingdom from any place out of the United Kingdom, or from any place in the United Kingdom to any place out of the United Kingdom, shall furnish to such person and in such manner as the Board of Trade direct, a return giving the total number of any passengers so carried (b), distinguishing, if so directed by the Board, the total number of any class of passengers so carried, and giving, if the Board of Trade so direct, such particulars with respect to passengers as may be for the time being required by the Board.

(2.) Any passenger shall furnish the master of the ship with any information required by him for the purpose of the return. (3.) If the master of a ship fails to make a return as required by this section, or makes a false return, and if any passenger refuses to give any information required by the master of the ship for the purpose of the return required by this section, or gives any false information for the purpose, the master or passenger shall be liable for each offence on summary conviction (c) to a fine not exceeding twenty pounds.

(a) For meaning of "passenger," see M. S. A. 1894, s. 267, and notes thereto. (b) Including passengers conveyed to or from the ship in a tender. See s. 15. (c) As to summary procedure, see M. S. A. 1894, s. 680 et seq.

77.-(1.) The master of every ship which carries any cattlemen to any port in the United Kingdom from any port out of the United Kingdom shall furnish to such person, and in such

manner as the Secretary of State (a) directs, a return giving such particulars with respect to any cattlemen so carried as may be required for the time being by order of the Secretary of State, and every such cattleman shall furnish the master of the ship with any information required by him for the purpose of the

return.

(2.) If the master of a ship fails to make the return required by this section, or makes a false return, he shall be liable on summary conviction (b) to a fine not exceeding one hundred pounds, and if any cattleman refuses to give information required by the master for the purpose of the return under this section, or gives any false information for the purpose, he shall be liable on summary conviction to imprisonment with hard labour for a term not exceeding three months.

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(3.) For the purpose of this section the expression "cattleman means any person who is engaged or employed to attend during the voyage of the ship on any cattle carried therein as cargo.

(a) Means one of his Majesty's Principal Secretaries of State for the time being. See Interpretation Act, 1889, s. 12.

(b) For suminary procedure, see M. S. A. 1894, s. 680 et seq.

Pt. V. 78-79.

Board of

78.-(1.) The Board of Trade may, if they think fit, and Dispensing upon such conditions (if any) as they think fit to impose, exempt powers of the any ship from any specified requirement contained in, or pre- Trade. scribed in pursuance of, the Merchant Shipping Acts, or dispense with the observance of any such requirement in the case of any ship, if they are satisfied that that requirement has been substantially complied with in the case of that ship, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject-matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement.

(2.) The Board of Trade shall annually lay before both Houses of Parliament a special report stating the cases in which they have exercised their powers under this section during the preceding year, and the grounds upon which they have acted in each case.

Under various sections of the M. S. Acts the Board of Trade is also empowered to exempt ships, or classes of ships, from specific requirements of the Acts, e.g., M. S. A. 1894, s. 7, sub-s. (2) (marking of ship), s. 363 (survey of foreign ships), s. 369 (application of Part IV. to fishing boats), s. 405 (report of fishing boat crew), s. 454 (grain cargo), s. 578 (compulsory pilotage), M. S. A. 1906, s. 7 (load line).

79.-(1.) The Board of Trade may, if they think fit, appoint Power to committees for the purpose of advising them when considering appoint advisory the making or alteration of any rules, regulations, or scales for committees. the purpose of the Merchant Shipping Acts, consisting of such

Pt. V. 80-81.

Power to
register
Government
ships under
the Merchant
Shipping
Acts.

Application of certain

sections of

to Scotland.

persons as they may appoint representing the interests principally affected, or having special knowledge of the subject

matter.

(2.) There shall be paid to the members of any such committee, out of moneys provided by Parliament, such travelling and other allowances as the Board of Trade fix, with the consent of the Treasury.

(3.) Committees may be appointed under this section to advise the Board of Trade specially as regards any special rules, regulations, or scales, or generally as regards any class or classes of rules, regulations, or scales which the Board may assign to them.

80.-(1.) His Majesty may by Order in Council (a) make regulations with respect to the manner in which Government ships may be registered as British ships for the purpose of the Merchant Shipping Acts, and those Acts, subject to any exceptions and modifications which may be made by Order in Council, either generally or as respects any special class of Government ships, shall apply to Government ships registered in accordance with those regulations as if they were registered in manner provided by those Acts.

(2.) Nothing in this Act shall affect the powers of the Legislature of any British possession to regulate any government ships under the control of the Government of that possession.

(3.) In this section the expression "Government ships" means ships not forming part of His Majesty's Navy which belong to His Majesty, or are held by any person on behalf of or for the benefit of the Crown, and for that reason cannot be registered under the principal Act (b).

(a) For provisions as to Orders in Council, see M. S. A. 1894, s. 738.

(b) The Merchant Shipping Acts do not, except where specially provided, apply to ships "belonging to His Majesty." M. S. A. 1894, s. 741. See note thereto, for various sections specially referring to such ships, and as to what ships are included in the term, see note (a) to M. S. A. 1891, s. 557.

81.-(1.) Sections four hundred and thirteen to four hundred and sixteen of the principal Act (which relate to certificates of principal Act skippers and second hands on trawlers) shall apply to fishing boats being trawlers of twenty-five tons tonnage and upwards, going to sea from any port of Scotland in like manner as they apply to such fishing boats going to sea from any port of England or Ireland, except that in section four hundred and fifteen the date of the commencement of this Act shall be substituted for the dates mentioned in that section, and Part IV. of the principal Act shall be construed accordingly.

(2.) The sections aforesaid as hereby applied to Scotland shall notwithstanding anything contained in Part IV. of the principal Act, be deemed to be portions or provisions of Part IV. referred

to in section three hundred and sixty-nine of the principal Act (conferring power on the Board of Trade to make exempting or extending orders), and that section (with the substitution of the Edinburgh Gazette for the London Gazette) and Part IV. shall be construed accordingly: Provided that any Order to be published in the Edinburgh Gazette under that section shall be subject to the consent of the Secretary for Scotland.

Pt. V.

82-83.

82. The principal Act in its application to Scotland, is Amendment amended as follows:of procedure in Scotland.

(1.) Sub-section one of section two hundred and thirty-seven of the principal Act is hereby amended by the addition thereto of the following words: "And such person found on board without consent as aforesaid may be taken before any sheriff (a) or justice of the peace without warrant, and such sheriff or justice may summarily hear the case, and on proof of the offence, convict such offender as aforesaid."

(2.) The provisions of section six hundred and eighty of the principal Act shall apply to Scotland.

(3.) Section seven hundred and two of the principal Act shall be amended by the deletion of the words "by criminal libel at the instance of the procurator fiscal of the county before the sheriff," and every offence referred to in section seven hundred and two of the principal Act may be prosecuted by indictment.

(4.) The words " or misdemeanors" in section seven hundred and three of the principal Act are hereby repealed.

a)" Sheriff" includes sheriff substitute. See Interpretation Act, 1889, s. 28.

of section 744

83. Section seven hundred and forty-four of the principal Amendment Act (which relates to the application of that Act to certain of 57 & 58 fishing vessels) shall not apply to ships engaged in the whale Vict. c. 60, fisheries off the coast of Scotland and registered at ports in as respects Scotland, and accordingly there shall be added at the end of whalers. that section the words "and of ships engaged in the whale fisheries off the coast of Scotland and registered at ports in Scotland."

Scottish

T.

I. L

Pt. VI. 84-86.

Construction

of references

to Merchant Shipping Acts.

57 & 58 Vict. c. 60.

Repeal.

Short title and commencement.

PART VI.-SUPPLEMENTAL.

84.—(1.) In this Act the expression "principal Act" means the Merchant Shipping Act, 1894, and the expression "Merchant Shipping Acts" means the Merchant Shipping Acts, 1894 to 1900, and this Act.

(2.) Any reference in this Act to any provision of the Merchant Shipping Acts, 1894 to 1900, which has been amended by any subsequent Act or is amended by this Act, shall be construed as a reference to the provision as so amended.

85. The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.

86.-(1.) This Act may be cited as the Merchant Shipping Act, 1906, and shall be construed as one with the principal Act, and the Merchant Shipping Acts, 1894 to 1900, and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1906.

(2.) This Act shall, save as otherwise expressly provided, come into operation on the first day of June nineteen hundred and seven.

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