from the height so marked on the outside of the ship on the one side to the height so marked on the other side by passing a chain under the keel; to half the girth thus taken add half the main Girthing of the breadth; square the sum; multiply the result by the length of ship. the ship taken as aforesaid; then multiply this product by the factor 0018 (eighteen ten-thousandths) in the case of ships built of wood, and by 0021 (twenty-one ten-thousandths) in the case of ships built of iron, and the product shall be deemed the register tonnage of the ship subject to the additions and deductions herein-after mentioned. closed-in spaces on upper deck. (2.) If there be a break, a poop, or other close-in space on the Poop and other upper deck, the tonnage of such space shall be ascertained by multiplying together the mean length, breadth, and depth, of such space, and dividing the product by 100, and the quotient so obtained shall be deemed to be the tonnage of such space, and shall, subject to the deduction for a closed-in space appropriated to the crew as mentioned in Rule I., be added to the tonnage of the ship ascertained as aforesaid. RULE III. Allowance for engine-room in XXIII. În every ship propelled by steam or other power requiring engine-room, an allowance shall be made for the space occupied by the propelling power, and the amount so allowed shall be deducted from the gross tonnage of the ship ascertained as aforesaid, and the steamers. remainder shall be deemed to be the register tonnage of such ship; and such deduction shall be estimated as follows; (that is say,) ordinary (a) As regards ships propelled by paddle wheels, in which the To be rateable in tonnage of the space solely occupied by and necessary for the proper steamers. working of the boilers and machinery is above twenty per cent. and under thirty per cent. of the gross tonnage of the ship, such deduction shall be thirty-seven one-hundredths of such gross tonnage; and in ships propelled by screws, in which the tonnage of such space is above thirteen per cent. and under twenty per cent. of such gross tonnage, such deduction shall be thirty-two one-hundredths of such gross tonnage: is unusually large or small. surement. (b) As regards all other ships, the deduction shall, if the commis- May be measured sioners of customs and the owner both agree thereto, be estimated where the space in the same manner; but either they or he may in their or his discretion require the space to be measured and the deduction estimated accordingly; and whenever such measurement is so required the deduction shall consist of the tonnage of the space actually occupied by or required to be inclosed for the proper working of the boilers and machinery, with the addition in the case of ships propelled by paddle wheels of one half, and in the case of ships propelled by screws of three-fourths of the tonnage of such space; and the measurement and use of such space shall be governed by the following rules; (that is to say,) (1.) Measure the mean depth of the space from its crown to the Mode of meaceiling at the limber strake, measure also three, or, if necessary, more than three breadths of the space at the middle of its depth, taking one of such measurements at each end, and another at the middle of the length; take the mean of such breadths; measure also the mean length of the space between the foremost and aftermost bulkheads or limits of its length, excluding such parts, if any, as are not actually occupied by or required for the proper working of the machinery; multiply together these three dimensions of length, breadth, and depth, and the product will be the cubical contents of the space below the crown; then find the cubical contents of the space or spaces, if any, above the crown aforesaid, which are framed in for the machinery or for the admission of light and air, by multiplying together the length, depth, and breadth thereof; add such contents to the cubical contents of the space below the crown; divide the sum by 100; and the result shall be deemed to be the tonnage of the said space: In case of separate compart ments. Shaft trunk of screw steamer. Alteration of engine-room. Penalty for car rying goods in such space. RULE IV. measured. Tonnage and (2.) If any ship in which the space aforesaid is to be measured the engines and boilers are fitted in separate compartments, the contents of each shall be measured severally in like manner according to the above rules, and the sum of their several results shall be deemed to be the tonnage of the said space : (3.) In the case of screw steamers in which the space aforesaid is to be measured, the contents of the shaft trunk shall be added to and deemed to form part of such space, and shall be ascertained by multiplying together the mean length, breadth, and depth of the trunk, and dividing the product by 100: (4.) If in any ship in which the space aforesaid is to be measured, any alteration be made in the length or capacity of such space, or if any cabins be fitted in such space, such ship shall be deemed to be a ship not registered until remeasurement: (5.) If in any ship in which the space aforesaid is to be measured, any goods or stores are stowed or carried in such space, the master and owner shall each be liable to a penalty not exceeding one hundred pounds. XXIV. In ascertaining the tonnage of open ships the upper edge of Open ships, how the upper strake is to form the boundary line of measurement, and the depth shall be taken from an athwarthship line, extended from upper edge to upper edge of the said strake at each division of the length. XXV. In every registered British ship the number denoting the register tonnage, ascertained as herein-before directed, and the carved on main number of her certificate of registry, shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if it at any time cease to be so continued, such ship shall no longer be recognized as a British ship. number of certificate to be beam. Tonnage when to be ever after deemed the tonnage. XXVI. Whenever the tonnage of any ship has been ascertained once ascertained and registered in accordance with the provisions of this Act, the same shall thenceforth be deemed to be the tonnage of such ship, and be repeated in every subsequent registry thereof, unless any alteration is made in the form or capacity of such ship, or unless it is discovered that the tonnage of such ship has been erroneously computed; and in either of such cases such ship shall be remeasured, and her tonnage determined and registered according to the rules herein-before contained in that behalf. Remeasurement XXVII. The rules for the measurement of tonnage herein conof ships already tained shall not make it necessary to alter the present registered registered may be made, but not tonnage of any British ship registered before this Act comes into to be compulsory. operation; but if the owner of any such ship desires to have the same remeasured according to such rules, he may apply to the commissioners of customs for the purpose, and such commissioners shall thereupon, and on payment of such reasonable charge for the expenses of remeasurement, not exceeding the sum of seven shillings and sixpence for each transverse section, as they may authorize, direct such remeasurement to be made, and such ship shall thereupon be remeasured according to such rules as aforesaid, or according to such of them as may be applicable; and the number denoting the register tonnage shall be altered accordingly. Power to remeasure engine XXVIII. If it appears to the commissioners of customs that in rooms improperly any steam ship measured before this Act comes into operation store extended. rooms or coal bunkers have been introduced into or thrown across the engine-room, so that the deduction from the tonnage on account of the engine-room is larger than it ought to be, the said commissioners may, if they think fit, direct such engine-room to be remeasured according to the rules in force before this Act comes into operation, excluding the space occupied by such store rooms or coal bunkers, or may, if the owners so desire, cause the ship to be remeasured according to the rules herein before contained, and subject to the conditions contained in the last preceding section; and after remeasurement the said commissioners shall cause the ship to be registered anew, or the registry thereof to be altered, as the case may require regulations made XXIX. The commissioners of customs may, with the sanction of Officers may be the treasury, appoint such person to superintend the survey and ad- appointed and measurement of ships as they think fit; and may, with the approval for measurement of the Board of Trade, make such regulations for that purpose as of ships. may be necessary; and also, with the like approval, make such modifications and alterations as from time to time become necessary in the tonnage rules hereby subscribed, in order to the more accurate and uniform application thereof, and the effectual carrying out of the principle of admeasurement therein adopted. Registry of British Ships. Registry of British ships. XXX. The following persons are required to register British ships, Registrars of and shall be deemed registrars for the purposes of this Act; (that is British ships. to say,) (1.) At any port or other place in the United Kingdom or Isle of Man approved by the commissioners of customs for the registry of ships, the collector, comptroller, or other principal officer of customs for the time being: (2.) In the Islands of Guernsey and Jersey, the principal officers of her Majesty's customs, together with the governor, lieutenantgovernor, or other person administering the government of such islands respectively : (3.) In Malta, Gibraltar, and Heligoland, the governor, lieutenantgovernor, or other person administering the government of such places respectively: (4.) At any port or place so approved as aforesaid within the limits of the charter but not under the government of the East India Company, and at which no custom-house is established, the collector of duties, together with the governor, lieutenant-governor, or other person administering the government: (5.) At the ports of Calcutta, Madras, and Bombay, the Master attendants, and at any other port or place so approved as aforesaid within the limits of the charter and under the government of the East India Company, the collector of duties, or any other person of six years' standing in the civil service of the said company, who is appointed by any of the governments of the said company to act for this purpose: (6.) At every other port or place so approved as aforesaid within her Majesty's dominions abroad, the collector, comptroller, or other principal officer of customs or of navigation laws; or if there is no such officer resident at such port or place, the governor, lieutenant-governor, or other person administering the government of the possession in which such port or place is situate. for commis XXXI. The governor, lieutenant-governor, or other person ad- Substitution of ministering the government in any British possession where any governor abroad ship is registered under the authority of this Act, shall, with regard sioners of custo the performance of any act or thing relating to the registry of toms, and of cona ship or of any interest therein, be considered in all respects as sul for justice. occupying the place of the commissioners of customs; and any British consular officer shall, in any place where there is no justice of the peace, be authorized to take any declaration hereby required or permitted to be made in the presence of a justice of the peace. XXXII. Every registrar shall keep a book, to be called "The Registrar to keep Register Book," and enter therein the particulars herein-after required register books. to be registered. Port of registry of British ship. Name of ship. Application for registry, by whom to be made. Survey of ship. Rules as to XXXIII. The port or place at which any British ship is registered for the time being shall be considered her port of registry or the port to which she belongs. XXXIV. The following rules shall be observed with respect to the names of British registered ships; (that is to say,) (1.) Before registry, the name of each ship and of the port to which she belongs shall be painted on a conspicuous part of her stern on a dark ground in white or yellow letters of a length not less than four inches. (2.) No change shall be made in the name of any registered ship: (3.) No concealment, absence, or avoidable obliteration of the above name shall be permitted, except for the purpose of escaping capture by an enemy: (4.) The ship shall not be described by or with the knowledge of the owner or master, by any name other than the one by which she is registered. And for every breach of the above rules, or any of them, the owner and master shall each incur a penalty not exceeding one hundred pounds. XXXV. Every application for the registry of a ship shall in the case of individuals be made by the person requiring to be registered as owner, or by some one or more of such persons if more than one, or by his or their duly authorized agent, and in the case of bodies corporate by their duly authorized agent; the authority of such agent, if appointed by individuals, to be testified by some writing under the hands of the appointers, and if appointed by a body corporate, by some instrument under the common seal of such body corporate. XXXVI. Before registry, the ship shall be surveyed by a person duly appointed under this Act; and such surveyor shall grant a certificate in the form marked A. in the schedule hereto, specifying her tonnage, build, and such other particulars descriptive of the identity of the ship as may from time to time be required by the Board of Trade; and such certificate shall be delivered to the registrar before registry. XXXVII. The following rules shall be observed with respect to entries in register entries in the register book; (that is to say,) book. Declaration of ownership by (1.) The property in a ship shall be divided into sixty-four shares: (2.) Subject to the provisions with respect to joint owners or owners by transmission hereinafter contained, not more than thirty-two individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner. (3.) No person shall be entitled to be registered as owner of any fractional part of a share in a ship; but any number of persons, not exceeding five, may be registered as joint owners of a ship or of a share or shares therein : 4.) Joint owners shall be considered as constituting one person only as regards the foregoing rule relating to the number of persons entitled to be registered as owners, and shall not be entitled to dispose in severalty of any interest in any ship or in any share or shares therein in respect of which they are registered: (5.) A body corporate may be registered as owner by its corporate name: XXXVIII. No person shall be entitled to be registered as owner of a ship or any share therein until he has made and subscribed a individual owner. declaration in the form marked B. in the schedule hereto, referring to the ship as described in the certificate of the surveyor, taining the following particulars; (that is to say,) and con (1.) A statement of his qualification to be an owner of a share in a British ship: (2.) A statement of the time when and the place where such ship was built, or (if the ship is foreign-built, and the time and place of building not known,) a statement that she is foreign-built, and that he does not know the time or place of her building; and in addition thereto, in the case of a foreign ship, a statement of her foreign name, or (in the case of a ship condemned) a statement of the time, place, and court at and by which she was condemned: (3.) A statement of the name of the master: (4.) A statement of the number of shares in such ship of which he is entitled to be registered as owner: (5.) A denial that, to the best of his knowledge and belief, any unqualified person or body of persons is entitled as owner to any legal or beneficial interest in such ship or any share therein : The above declaration of ownership shall be made and subscribed in the presence of the registrar if the declarant reside within five miles of the custom-house of the port of registry, but if beyond that distance in the presence of any registrar or of any justice of the peace. body corporate XXXIX. No body corporate shall be entitled to be registered as Declaration of owner of a ship or of any share therein until the secretary or other ownership by duly appointed public officer of such body corporate has made and subscribed in the presence of the registrar of the port of registry a declaration in the form marked C. in the schedule hereto, referring to the ship as described in the certificate of the surveyor, and containing the following particulars; (that is to say,) (1.) A statement of such circumstances of the constitution and business of such body corporate as prove it to be qualified to own a British ship: (2.) A statement of the time when and the place where such ship was built, or (if the ship is foreign-built, and the time and place of building unknown,) a statement that she is foreign-built, and that he does not know the time or place of her building; and, in addition thereto, in the case of a foreign ship, a statement of her foreign name, or (in the case of a ship condemned) a statement of the time, place, and court at and by which she was condemned: of the master: (4.) A statement of the number of shares in such ship of which XL. Upon the first registry of a ship there shall, in addition to the Evidence to be declaration of ownership, be produced the following evidence; (that produced en is to say,) (1.) In the case of a British-built ship, a certificate (which the builder is hereby required to grant under his hand) containing a true account of the proper denomination and of the tonnage of such ship as estimated by him, and of the time when and of the place where such ship was built, together with the name of the party (if any) on whose account he has built the same, and, if any sale or sales have taken place, the bill or bills of sale under which the ship or share therein has become vested in the party requiring to be registered as owner: (2.) In the case of a foreign-built ship, the same evidence as in the case of a British-built ship, unless the person requiring to be registry. |