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space occupied by propelling power.

57 * 58 Vict. c. 60.

Saving for authorities having power to charge otherwise than on register tonnage.

Provisions

as to ships

already

registered.

Short title, construction, and commencement.

occupied by the propelling power of a ship shall not in any case exceed fifty-five per cent, of that portion of the tonnage of the ship which remains alter deducting from the gross tonnage any deductions allowed under section seventy-nine of the principal Act: Provided that—

(a) This section shall not apply to steam ships constructed for the

purpose of towing vessels so long as they are exclusively employed as tugs, but if and when employed for the carriage of passengers, cargoes, or stores, or using graving docks or dry docks or places provided for the repairing of vessels the register tonnage on which dues based on register tonnage may be levied by any harbour or dock authority shall be ascertained in manner provided by the Merchant Shipping Acts, 1894 to 1906, as amended by this Act; and

(b) This section shall not come into operation until the first day of

January nineteen hundred and fourteen in the case of the following ships (in this Act referred to as existing ships), namely, ships constructed, or the construction of which has been commenced, before the first day of May nineteen hundred and seven, and ships a contract for the construction of which has boon mado before the first day of May nineteen hundred and seven, though the construction has not actually commenced before that date.

2. Nothing in this Act shall affect any power which any dock or harbour authority have under any Act or Order confirmed by Parliament or having the effect of an Act of Parliament to charge tonnage rates, dues, or charges otherwise than on registered or register tonnage.

3.—(1) Where, in ascertaining the tonnage of an existing ship, a deduction has been made for the spaco occupied by the propelling power of the ship greater than the maximum deduction allowed under this Act, the tonnage of the ship shall, beforo the date on which this Act comes into operation as respects that ship, be recalculated on the basis of allowing the maximum deduction under this Act instead of that previously allowed, and tho necessary alteration of the particulars and certificate of tho registry of tho ship shall be made and shall take effect on that date.

(2) The registrar of every port of registry shall make any alteration in the particulars of the registry of any ship registered at that port, which is required for the purposes of this section, and shall send notice of tho alteration so made to the managing owner of tho ship.

(3) The managing owner of the ship, on the receipt of any such notice of alteration, shall forthwith transmit tho notice to the master of the ship, and the muster of the ship on receipt of tho notice shall produce it to tho registrar of the port at which the ship is when the notice is received, if that port is a port having a registrar, and if not to the registrar of the first port having a registrar at which the ship arrives after the notice is received, and the registrar shall alter the certificate of registry of tho ship in accordance with the notice.

(4) If the managing owner or master of a ship fails to comply with the provisions of this section, the managing owner or master, as the case may be, shall be liable on summary conviction, in respect of each offence, to a fine not exceeding fifty pounds.

(5) Tho expression "managing owner" in this section includes any person registered under section fifty-nine of the principal Act in cases where there is no managing owner.

4. This Act may be cited as the Merchant Shipping Act, 1907, and shall be construed as one with tho principal Act, and the Merchant Shipping Acts, 1894 to 1900, and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1907.

MERCHANT SHIPPING ACT, 1894

[57 & 58 Vict. C. 60.]

An Act to consolidate Enactments relating to Merchant
Shipping. [25th August 1894.]

Be it enacted, &c.:

PAET I.—EEGISTEY.

Qualification for ouning British Ships.

L A ship shall not be deemed to be a British ship unless Qualification owned -wholly by persons (a) of the following description (b) (in B>1rit0i^1n^f this Act referred to as persons qualified to bo owners of British |-185i g lg", ships), namely,

(a.) Natural-born British subjects (c):

(b.) Persons naturalized by or in pursuance of an Act of Parliament (c) of the United Kingdom, or by or in pursuance of an Act or ordinance of the proper legislative authority in a British possession:

(c.) Persons made denizens by letters of denization; and

(d.) Bodies corporate (d) established under and subject to the laws of some part of Her Majesty's dominions, and having their principal place of business (e) in those dominions:

Provided that any person who either—

(i.) being a natural-born British subject has taken the oath of
allegiance to a foreign sovereign or state or has other-
wise become a citizen or subject of a foreign state (/);
or
(ii.) has been naturalized or made a denizen as aforesaid;

shall not be qualified to be owner of a British ship unless, after
taking the said oath, or becoming a citizen or subject of a foreign
state, or on or after being naturalized or made denizen as afore-
said, he has taken the oath of allegiance to Her Majesty the
Queen, and is during the time he is owner of the ship either
resident in Her Majesty's dominions, or partner in a firm
actually carrying on business in Her Majesty's dominions.

(a) "Oirtud wholly by persons'": This includes persons who own any interest arising under contract, or any equitable interest in the ship or any share therein,

Pt. I.

2.

and the legal and equitable interest in a British ship can only he owned by the persons designated in sect. 1. Sec ss. 9, 25, 57 and 71.

(4) Though a certificate of registry is priind facie evidence (see ss. 64, 695) that a vessel is a British ship, proof that the owner is an alien will rebut this presumption. Jl. v. Bjormen (1865), 34 L. J. M. C. 180; 10 Cox, C. C. 74.

The terra "British ship" is not defined in the Act. It would seem, however, that, unless Bhe is employed by a government under letters of marque, the nationality of tho owners is generally the criterion of the nationality of a vessel, at any rate so far as regards the duties and liabilities of her owners and persons belonging to her. Hence, a British-owned ship is a British ship for such purposes, even if she is not registered in this country, or if she is registered in, and carries the flag of, a foreign country. See per Brett, L. J., Chartered Mercantile Bank of India v. Netherlands India S. N. Co. (1883), 10 Q. B. D. at pp. 534—536; 52 L. J. Q. B. 220; and per Cockburn, C. J., Union Bank of London v. Ltnanton, infra (s. 2, note (a)).

But the circumstances of the ownership may in exceptional cases relieve her from such duties and liabilities. See note (o) to 8. 2.

The rule above stated seems to underlie in some degree the decisions on criminal jurisdiction (see note at head of s. 220), and on concealment of national character (see s. 70), as well as those in cases of prize.

Where a vessel is registered as a British ship, she cannot divest herself of her national character and the liabilities attached to it, except by ceasing to be owned wholly by persons qualified to be owners of British ships and thereupon closing her British register: see ss. 70, 72, the provisions of Part I. as to the register, and note (i) to s. 459; alsoM. S. A. 1906, s. 52. As to the distinction between British ships which are " recognised" as such, and those which, though not so recognised, are subject to the liabilities of British Bhips, see ss. 2, 72.

Certain government ships may be registered as British ships: see M. S. A. 1906, s. 80.

(f) See Naturalization Act, 1870, and Encyclopaedia of the Laws of England, article " British Subject." A person born on board a British ship on the high seas is deemed to be born in England. Murshall v. Mnrgatroyd (1870), 40 L. J. M. C. 7; L. R. 6 Q. B. 31.

(d) The individual members of such a body corporate may be aliens, if. v. Arnaud (1846), 16 L. J. Q. B. 60; 9 Q. B. 806.

(e) "Principal place of business." Cf. note to O. 48a, r. 3, in Annual Practice and Yearly Practice, and notes to s. 39 of the Companies Act, 1862, in the textbooks thereon.

(/) "Or has otherwise, $c." These words were added to meet the case of America and other countries to which the preceding words would not apply.

Obligation
to register
British ships.
[1854, s. 19.]

Obligation to register British Ships.

2.—(1.) Every British (a) ship shall, unless exempted from registry, he registered under this Act (b).

(2.) If a ship required by this Act to be registered is not registered under this Act she shall not be recognised as a British ship (c).

(3.) A ship required by this Act to be registered may bo detained (d) until the master of the ship, if so required, produces the certificate of the registry of the ship.

As to the fav'mg cf rostistration beforo this Act, see s. 745, sub-s. (1) (e).

The reason for requiring registration is in order to determine "the question who shall be entitled to tho privileges of the British flag," and "what should be a proper evidence of title in those who deal with the property in question." Per "Wood, V.-C, in Liverpool Borough Bank v. Turner, 29 L. J. Ch. at p. 830.

(n) If the Commissioners of Customs have doubt as to the title of a ship registered as a British ship to be so registered, they may call for proof of title: see M. S. A. 1906, B. 51.

Pt. I.

A ship built in England to be delivered to a foreign purchaser at a foreign 3—4.

port, was held not to be a British ship so as to require to be registered, although

being undelivered it was still the property of a British subject. Union Bank of London v. Lenanlon (1878), 47 L. J. C. P. 409; 3 C. P. D. 243; and see notes to s. I.

As this Act does not, except where specially provided, apply to ships belonging to His Majesty (see s. 741), such ships are not required to be, and cannot be, registered as British ships, except in the case of certain " government ships," which may be registered as provided by M. S. A. 1906, s. 80.

For the definition of "ship," see s. 742.

(A) Registration ipso facto does not give the Courts of tho country in which the register is any jurisdiction over the owners of the ship in respect of their shares therein. Anderson v. Siltars (1894), 22 Court of Sess. Cas. (4th Ser.) 105.

(c) A ship, so long as she is owned by British subjects, is to be treated as a British ship for the purpose of limitation of liability from the time she is launched until formally registered in accordance with this Act: see M. 8. (Liability of Shipowners) A. 1898, s. 1, and M. S. A. 1906, s. 70.

As to the rights and liabilities of the owners of, and persons belonging to, British ships which are not recognised as such, see s. 72.

(rf) For provisions as to detention, see s. 692.

3. The following ships are exempted from registry under this ^nTregiBtry

"A-Ct:— _ [1854, s. 19.]

(1.) Ships not exceeding fifteen tons burden (a) employed solely in navigation on the rivers or coasts of the United Kingdom, or on the rivers or coasts of some British possession within which the managing owners of the ships are resident:

(2.) Ships not exceeding thirty tons burden (a), and not having a whole or fixed deck, and employed solely in fishing or trading coastwise on the shores of Newfoundland or parts adjacent thereto, or in the Gulf of Saint Lawrence, or on suoh portions of the coasts of Canada as lie bordering on that gulf.

(a) "Tons burden" means the net register tonnage, which in the case of a steam vessel is the gross tonnage less the allowances for engine room and crew space, provided by ss. 78, "9. The Brunei, 69 L. J. P. 8; [1900] P. 24.

As to the effect of the registration of a vessel which is exempted, see Benyon v. Cresswell, infra (s. 24).

As to the registration of fishing boats, see s. 373.

Procedure for Registration. As to procedure on registry anew, see ss. 44, 52.

4. —(1.) The following persons shall be registrars of British Registrars of ships:- British ships.

[1854, ss. 30,

(a.) At any port in the United Kingdom, or Isle of Man, 93: 32 & 33 npproved by tho Commissioners of Customs for the Viet, o.^ 11, registry of ships, the chief officer of customs (a): yict' 0 85)

(b.) In Guernsey and Jersey, the chief officers of customs s. 29.] together with the governor:

(c.) In Malta and Gibraltar, the governor:

(d.) At Calcutta, Madras, and Bombay, the port officer:

ft-1

5. (e.) At any other port in any British possession approved hy

the governor of the possession for the registry of ships, the chief officer of customs, or, if there is no such officer there resident, the governor of the possession in which the port is situate, or any officer appointed for the purpose by the governor: (f.) At a port of registry established by Order in Council under this Act, persons of the description in that behalf declared by the Order (J). (2.) Notwithstanding anything in this section Her Majesty may by Order in Council declare, with respect to any British possession named in the Order, not being the Channel Islands or the Isle of Man, the description of persons who are to be registrars of British ships in that possession (/•).

(3.) A registrar shall not be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his character of registrar, unless the same has happened through his neglect or wilful (d) act.

(a) The term " chief officer of customs" is used throughout the Act in place of various expressions in the repealed Acts, and is defined in B. 742.

(/i) See s. 88 for establishment of such ports.

(c) By Orders in Council the following officials were constituted registrars. At Singapore, the officers for the time being acting as master attendant; Penang and Malacca, the harbour master, 9 July, 18C9 (L. G. 13 July, 1869); Gibraltar, the captain of the port, or persons discharging the duties of captain of the port, 11 July, 1877; Tasmania, the collector of customs, the chief clerk of the customs, 23 November, 1893 (L. G. 2i Nov. 1893). As to Order? in Council generally, see 8. 738, and as to saving of those made before 1 Jan. 1895, s. 74 j.

(d) As to meaning of "wilful.'" cf. Gai/ford v. C/iouler, G7 L. J. Q. B. 404; [1898] 1 Q. B. 316; and In re Young, llarstons Contract (1S85), 31 C. D. 1C8, at p. 175.

Register 5. Every registrar of British ships shall keep a book to be

book- called the register book (a), and entries in that book shall be

378543B& 4342' ma'^e m accordance with the following provisions: Vict. o. 18, (i.) The property in a ship shall be divided into sixty-four

8' ■■' shares:

(ii.) Subject to the provisions of this Act with respect to joint
owner3 or owners by transmission, not more than
6ixty-four 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 (li) of any
number of persons or of any company represented
by or claiming under or through any registered owner
or joint owner:
(iii.) A person shall not be entitled to be registered as owner
of a fractional part of a share in a ship; but any
number of persons not exceeding five may be regis-
tered as joint owners of a ship or of any share or
shares therein:

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