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Pt. V. 50-51.

(3.) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the principal Act (which relate to the application of Part II. of that Act), be construed as if they were contained in Part II. of that Act.

(a) Defined in M. S. A. 1894, s. 742, and see notes thereon.

(b) Defined by Interpretation Act, 1889, s. 18, ante, p. 420.

(c) For such definition, see M. S. A. 1894, s. 742, and notes thereto.

(d) Semble, the rights of an apprentice under this part of this Act are in addition to, and not in substitution for, his rights under his indentures of apprenticeship.

Ships' names.

Power to inquire into the title of a registered ship to be registered.

PART V.-MISCELLANEOUS.

50.-(1.) The Board of Trade, in conjunction with the Commissioners of Customs, may make regulations enabling the Board of Trade to refuse the registry of any ship by the name by which it is proposed to register (a) that ship if it is already the name of a registered British ship or a name so similar as to be calculated to deceive, and may by those regulations require notice to be given in such manner as may be directed by the regulations before the name of the ship is marked (a) on the ship, or before the name of the ship is entered in the register.

(2.) If the registry of a ship by the name by which it is proposed to register that ship is refused by the Board of Trade, or if any requirements of the regulations are not complied with in the case of any ship which it is proposed to register, that ship shall not be registered (b) under the name proposed, or until the regulations are complied with, as the case may be.

(a) As to entry of name in register, see M. S. A. 1894, s. 11; as to marking of name, see ibid., s. 7; for rules as to name of ship, ibid, s. 47.

(b) As to liabilities of British ships not registered, see s. 2 (2), and M. S. A. 1891, s. 72.

51.-(1.) Where it appears to the Commissioners of Customs that there is any doubt as to the title of any ship registered as a British ship to be so registered, they may direct the registrar of the port of registry of the ship to require evidence to be given to his satisfaction that the ship is entitled to be registered as a British ship (a).

(2.) If within such time, not less than thirty days, as the Commissioners fix, satisfactory evidence of the title of the ship to be registered is not so given, the ship shall be subject to forfeiture under Part I. (b) of the principal Act.

(3.) In the application of this section to a port in a British possession, the Governor of the British possession, and in the

application of this section to foreign ports of registry (c), the Board of Trade, shall be substituted for the Commissioners of Customs.

(a) The main element in such title is that the ship shall be wholly owned by persons or corporations duly qualified as provided by M. S. A. 1894, s. 1 (see notes thereto). As to sundry conditions precedent to registration, see ibid., s. 6 et seq. As the register gives no clue to the persons (if any) owning a beneficial interest in the ship or any share therein, s. 51 above enables the Commissioners of Customs to inquire as to such persons, and as to their capacity to own such property, and if an unqualified person has acquired as owner otherwise than by transmission any legal or beneficial interest in the ship, that interest is rendered subject to forfeiture by M. S. A. 1894, s. 71 (q. v.), and the whole ship by the present section.

(b) See M. S. A. 1894, s. 76, as to procedure for effecting forfeiture. (c) As to these see M. S. A. 1894, s. 88.

Pt. V.

52-53.

52.-(1.) Sub-section (1) of section twenty-one of the prin- Provisions cipal Act shall be read as if the following words were inserted with respect at the end of that sub-section, " and the registry of the ship in to mortgages of ships sold that book shall be considered as closed except so far as relates to foreigners. to any unsatisfied mortgages or existing certificates of mortgage entered therein."

(2.) It is hereby declared that where the registry of a ship is considered as closed under sub-section (1) of section twentyone of the principal Act as amended by this section, or under sub-section (10) of section forty-four of that Act, on account of (a) a transfer to persons not qualified to be owners of British ships, any unsatisfied registered mortgage (including mortgages made under a certificate of mortgage) may, if the ship comes within the jurisdiction of any court in His Majesty's dominions which has jurisdiction to enforce the mortgage, or would have had such jurisdiction if the transfer had not been made, be enforced by that court notwithstanding the transfer, without prejudice, in cases where the ship has been sold under a judgment of a court, to the effect of that judgment.

(a) For the necessary qualifications, see M. S. A. 1894, s. 1.

53. The following sub-section shall be substituted for subsection (2) of section forty-eight of the principal Act:(2.) If default is made in registering anew a ship, or in registering an alteration of a ship so altered as aforesaid, the owner of the ship shall be liable on summary conviction (a) to a fine not exceeding one hundred pounds, and in addition to a fine not exceeding five pounds for every day during which the offence continues after conviction (b).

(a) As to summary procedure, see M. S. A. 1894, s. 680 et seq.

(b) Before this amendment of M. S. A. 1894, s. 48, any unregistered alteration of a British ship which affected her tonnage, caused her to be deemed not duly registered, and therefore not to be recognised as a British ship, thereby depriving her owners of (inter alia) the right (under s. 503, M. S. A. 1894) to limit their liability in case of collision. The effect of the new sub-section is that the ship retains her rights as a recognised British ship, but the owner is subject to the named penalties,

Amendment

of 57 & 58 Vict.

c. 60, s. 48.

Pt. V. 54-56.

Deduction of spaces used

for water ballast in ascertaining tonnage.

Crew space of foreign ships.

Second mate certificates allowed in small

54.-(1.) For the purpose of enabling spaces used for water ballast to be deducted in ascertaining the register tonnage of a ship, section seventy-nine of the principal Act shall be read as if the words

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

were added at the end of paragraph (a) of sub-section one of that section.

(2.) For the purpose of obtaining the benefit of a deduction under this section the owner of any existing ship who claims to be entitled to the deduction may apply to the Board of Trade to have the necessary remeasurements of his ship made, and the Board of Trade, on the payment of such fee, not exceeding in any case one-fifth of the corresponding maximum fee fixed by the Third Schedule to the principal Act, as they may authorise, shall direct those measurements to be made, and the number denoting the register tonnage shall be altered accordingly.

(a) As to measurement of ships with double bottoms, see M. S. A. 1894, s. 81.

55. Sub-section (1) of section eighty-four of the principal Act shall be read as if the following words were added thereto, namely, "and any space shown by the certificate of registry or other national papers of any such ship as deducted 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 (a) 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."

This amendment removes the doubt caused by the conflicting decisions of The Cordilleras, 73 L. J. P. 13; [1904] P. 90, and The Olga and Anglia (1905), 42 Sc. L.R. 439.

(a) For appointment and powers of surveyors of ships, see M. S. A. 1894, ss. 724-727.

56. The following paragraph shall be substituted for paragraph (b) of sub-section (1) of section ninety-two of the principal Act (which relates to the certificates of competency to be held foreign-going by officers of ships)sailing ships.

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(b.) If the ship is of one hundred tons burden (a) or upwards with at least one officer besides the master holding a certificate not lower than that of

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ship;

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(i.) mate in the case of a home trade (b) passenger

(ii.) second mate in the case of a foreign-going () sailing ship of not more than two hundred tons burden; and

"(iii.) only mate in the case of any other foreigngoing (b) ship."

(a) "Tons burden" means net register tonnage. See The Brunel, 69 L. J. P. 8; [1900] P. 24.

(b) For definition, see M. S. A. 1894, s. 742.

Pt. V. 57-59.

court in case of unreason

able delay in paying mas

ters'

wages.

57. In any action or other legal proceedings by the master Powers of of a ship for the recovery of any sum due to him on account of wages (a), the court may, if it appears to them that the payment of the sum due has been delayed otherwise than owing to the act or default of the master, or to any reasonable dispute as to liability, or to any other cause not being the wrongful act or default of the person liable to make the payment, order that person to pay, in addition to any sum due on account of wages, such sum as they think just as damages in respect of the delay, without prejudice to any claim which may be made by the master on that account.

(a) "Wages" includes emoluments. M. S. A. 1894, s. 742. As to the master's remedies for recovery of his wages, see M. S. A. s. 167.

58.-(1.) For the purpose of reducing the period of service Title to be required as a qualification for the rating of A.B., the period of rated as A.B. "three years before the mast" shall be substituted for the period of "four years before the mast," and "two years of that employment " shall be substituted for "three years of that employment," and "two or more years sea service shall be substituted for “three or more years sea service," in section one hundred and twenty-six of the principal Act.

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(2.) Any superintendent or other officer before whom a seaman is engaged shall refuse to enter the seaman as A.B. on the agreement with the crew unless the seaman gives such satisfactory proof as is required by section one hundred and twentysix of the principal Act of his title to be so rated; and if any seaman, for the purpose of obtaining a rating as A.B., makes any false statement (a) or false representation, he shall be liable on summary conviction (b) in respect of each offence to a fine not exceeding five pounds.

(a) As to penalty for false statement of name of last ship, see M. S. A. 1894, s. 227.

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

59.-(1.) Where the master of a ship disrates a seaman he Notice of shall forthwith enter or cause to be entered in the official log disrating of

seaman.

Pt. V. 60-62.

Power to

except claims on settlement

from release

of wages.

Obligation to offer allot

ment notes.

Time for payment of allotment note.

book (a) a statement of the disrating, and furnish the seaman with a copy of the entry; and any reduction of wages consequent on the disrating shall not take effect until the entry has been so made and the copy so furnished.

(2.) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages (b) within the meaning of sections one hundred and thirty-two and one hundred and thirty-three of the principal Act (which relate to the delivery of the account of wages and the allowance of deductions therefrom).

(a) As to entry in official log, see M. S. A. 1894, s. 239.

(b) This section annuls the effect of the decision in The Highland Chief, 61 L. J. P. 51; [1892] P. 76, where it was decided that a reduction of wages on disrating was not "a deduction from wages."

60. Notwithstanding anything in section one hundred and thirty-six of the principal Act, a seaman may except from the release signed by him under that section any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release. The release shall not operate as a discharge and settlement of any claim or demand so noted (a), nor shall subsection (4) of that section apply to any payment, receipt or settlement made with respect to any such claim or demand.

(a) Otherwise the release operates as a mutual discharge and settlement of all claims. See s. 136, sub-s. (2), of M. S. A. 1894.

61. In order to give effect to the provisions of section one hundred and forty-one of the principal Act enabling a seaman to require a stipulation for the allotment of his wages by means of an allotment note every superintendent or other officer before whom the seaman is engaged (a) shall, after the seaman has signed the agreement, inquire of the seaman whether he requires such a stipulation for the allotment of his wages by means of an allotment note, and if the seaman requires such a stipulation shall insert the stipulation in the agreement with the crew, and any such stipulation shall be deemed to have been agreed to by the master.

(a) As to engagement before superintendent, see M. S. A. 1894, s. 115; before other officer, s. 124.

62. A payment under an allotment note shall begin at the expiration of one month (a) from the date of the agreement with the crew and shall be paid at the expiration of every subsequent month after the first month, and shall be paid only in respect of wages earned before the date of payment.

(a) "Month" means calendar month, see Interpretation Act, 1889, s. 3.

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