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Pt. V.

63.—(1.) Where the balance of wages due to a seaman is 63—64.

more than ten pounds, and the seaman expresses to the master Master to

of the ship his desire to have facilities afforded to him for give facilities remitting all or any part of the balance to a savings bank, or to to seamen for a near relative («) in whose favour an allotment note may be ^^gln8' made, the master shall give to the seaman all reasonable facilities (b) for so doing so far as regards so much of the balance as is in excess of ten pounds, but shall be under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port, or otherwise than conditionally on the seaman going to sea in the ship. (2.) If the master of a ship fails to comply with the provisions of this section, he shall be liable on summary conviction (c) for each offence to a fine not exceeding five pounds.

(«) Defined by M. S. A. 1894, s. 141 (4) (a).

(b) Facilities are also to be given to seamen and apprentices to remit money by means of seamen's money orders. See II. S. A. 1894, s. 145.

:V) As to summary procedure, see M. S. A. 1891, s. 680 el snj.

64.—(1.) Sub-section (1) of section two hundred and ten of Increase of the principal Act (which provides for the space required for crew "Pleach seaman or apprentice in any place in a British ship occupied by seamen or apprentices and appropriated to their use) shall be construed as if a space of not less than one hundred and twenty cubic feet and of not less than fifteen superficial feet measured on the deck or floor of that space were substituted for a space of not less than seventy-two oubic feet and of not less than twelve superficial feet measured on the deck or floor of that space.

(2.) In estimating the space available for the proper accom-
modation of seamen and apprentices, there may be taken into
account the space occupied by any mess rooms, bath rooms, or
washing places appropriated exclusively to the use of those sea-
men and apprentices, so, however, that the space in any place
appropriated to the use of seamen or apprentices in which they
sleep is not less than seventy-two cubic feet and twelve super-
ficial feet for each seaman or apprentice.
(3.) Nothing in this section shall affect—

(a.) any ship registered before the passing of this Aot or
which was in course of construction on the first day
of January nineteen hundred and seven ; or
(b.) any ship of not more than three hundred tons burden (a);

or
(c.) any fishing boat within the meaning of Part IV. of
the principal Act (b),
or require any additional space to be given in the case of
places occupied solely by lascars and appropriated to their use.

(a) "Tom burden " means net register tonnage, see The Brunei, 69 L. J. F. 8; [1900] P. 24.

(/-). For application of Part IV. to fishing boats, see M. S. A. 1894, s. 369.

Pt. v.

65—66. 65.—(1.) Where a seaman who has been lawfully engaged

Provision as to an(^ ^as received under his agreement an advance note, after

failure to join negotiating his advance note (a), wilfully or through misconduct

ship and fai]s to join his ship or deserts (6) therefrom before the note

becomes payable, he shall, on summary conviction (e), be liable

to a fine not exceeding five pounds, or, at the discretion of the

court, to imprisonment for not exceeding twenty-one days, but

nothing in this section shall take away or limit any remedy by

action or by summary procedure (e) before justices which any

person would otherwise have in respect of the negotiation of the

advance note, or which an owner or master would otherwise

have for breach of contract.

(2.) Where it is shown to the satisfaction of the superintendent that a seaman lawfully engaged has wilfully or through misconduct failed to join (d) his ship, the superintendent shall report the matter to the Board of Trade, and that Board may direct (c) that any of the seaman's certificates of discharge (/) shall be withheld for such period as they may think fit, and while a seaman's certificate of discharge is so withheld, the ltegistrar-Goneral of Shipping and Seamen, and any other person having the custody of the necessary documents (</), may, notwithstanding anything in the Merchant Shipping Acts (h), refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.

(a) "Xrgotiating" and "negotiation" are presumably not used here in their strict legal meaning, as advance notes are not negotiable instruments. See note (r) to M. 8. A. 1894, s. HO, and cases there cited.

(A) Desertion, what amounts to: see note (d), s. 221, M. S. A. 1894.

(<•) For summary procedure, see M. S. A. 1894, s. 680 H seq.

(d) It is the duty of the superintendent to provide means for securing the presence on board at the proper time of the seaman who has been lawfully engaged, and to keep a list of seamen who fail to join. See M. S. A. 1S94, s. 247, sub-s. (1), and 8. 230.

(e) This assumes that the certificate, which is to be given by the master to the seaman on discharge or payment of wages (see M. S. A. 1894, B. 128), is not already in the hands of the seaman, but in those of the master, or superintendent, or the Board of Trade. Under the M. S. Acts the certificate of discharge should never be in the possession of the Board of Trade except when a seaman requires a report of character to be endorsed thereon. M. S. A. 1894, s. 129. But in practice the Board of Trade not infrequently have the continuous certificates in their custody for the purpose of entering the last discharge.

(/) As to these certificates, see M. S. A. 1894, s. 128.

(y) Official log books and agreements with crew, &c. are transmitted to the Registrar-General of Shipping and Seamen by M. S. A. 1894, ss. 242, 256.

(A) As to copies of documents, see M. S. A. 1894, s. 695, sub-s. (2).

Appeal from 66. (a) Where on any investigation or inquiry under the decision on provisions of Part VI. of the principal Act, the court find that aTto shipping a shipping casualty has been caused or contributed to by the casualties. wrongful act or default (&) of any person, and an application for re-hearing has not been made under section four hundred and seventy-five or section four hundred and seventy-eight of

Pt. V. the principal Act, or has heen refused, the owner of the ship, or 67—68.

any other person who, having an interest in the investigation ——

or inquiry, has appeared at the hearing and is affected by the decision of the court, may appeal from that decision in the same manner and subject to the same conditions in and subject to which a master may appeal under those sections against a decision with respect to the cancelling or suspension of his certificate.

(a) The effect of this section is to reverse the decision in The Ida (1886), 55 L. J. P. 15; 11 P. D. 37. As to costs of appeal, see The Carlisle, [1906] P. at p. 308.

(A) As to meaning of these words, see note (*) to s. 470, M. S. A. 1894.

67.—(1.) The powers of a naval court under section four Power of hundred and eighty-three of the principal Act (which deals n*T*1 court to with those powers) shall include a power to send an offender gtntencedlo11 sentenced by the court to imprisonment either to the United imprisonment Kingdom or to any British possession to which his Majesty by home to Order in Council has applied this section, as appears to them g^tenc". most convenient for the purpose of being imprisoned, and the court may take the same steps, and for that purpose shall have the same powers, as respects the orders which may be given to masters of ships as a consular officer lias for the purpose of sending an offender for trial under section six hundred and eighty-nine of the principal Act, and sub-seotions (2) (4) and (5) of that section shall apply with the necessary modification.

(2.) Any master of a ship to whose charge an offender is committed under this section shall, on his ship's arrival in the United Kingdom or in a British possession, as the case may be, give the offender into the custody of some police officer or constable, and the offender shall be dealt with as if he had been convicted and sentenced to imprisonment by a court of competent jurisdiction in the United Kingdom or in the British possession, as the case may be.

(3.) His Majesty may by Order in Council apply this section to any British possession the Legislature of which consents to that application.

68.—(1.) Any person aggrieved by an order of a naval court Appeal from ordering the forfeiture of wages, or by a decision of a naval naval courtscourt of a question as to wages, fines, or forfeitures, may appeal to the High Court (a) in such manner and subject to such conditions and provisions as may be provided by rules of court, and on any such appeal the High Court may confirm, quash, or vary the order or decision appealed against as they think just (b).

(2.) Sub-section (2) of section four hundred and eighty-three of the principal Act shall not have effect with respect to any order of a naval court which is qiiashed on an appeal under this section, and where an order of a naval court is varied on appeal, Pt. V.

69—71. shall apply as if the order as so varied were the order of the naval court.

Calculation
of tonnage of
steamship for
the purpose
of limitation
of liability.

(n) The appeal is to the Divisional Court constituted as may be prescribed by rules of court, and there would seem to be an appeal, on leave obtained, to the Appeal Court. See Supreme Court of Judicature (Procedure) Act, 1894, s. 1 (5).

(A) This section was enacted to meet the case of Sutton v. Rat S.S. Co. (1906), 11 Com. Cas. 66; 22 T. L. 11. 103, iu which case, a naval court having discharged and forfeited the wages of a crew who had lawfully refused to continue a voyage in a ship carrying contraband, an action by the crew for their wages was dismissed on the ground that the finding of the naval court was conclusive.

69. For the purpose of the limitation under the Merchant Shipping Acts of the liability of owners of ships, docks, or canals, and of harbour authorities and conservancy authorities (a), the tonnage of a steamship shall be her registered tonnage, with the addition of any engine-room space deducted for the purpose of ascertaining that tonnage, and the words "registered tonnage with the addition of any engine-room space deducted for the purpose of ascertaining that tonnage" shall accordingly be substituted in paragraph (a) of sub-section (2) of section five hundred and three of the principal Act for " gross tonnage without deduction on account of engine-room."

The effect of this provision is that steamships can now deduct crew space for the purpose of arriving at their tonnage in limitation of liability actions.

(o) For the meaning of these terms, see M. S. A. 1894, s. 742, or Merchant Shipping (Liability of Shipowners and others) Act, 1900, s. 2.

Liability of 70. The proviso to section one of the Merchant Shipping

as're-^ecte8 (Liability of Shipowners) Act, 1898, shall cease to have effect, shipsiaunched hut that section shall not be construed so as to extend section but not five hundred and two of the principal Act to the owners of any

registered. 8hip, or any share therein, after the ship has become a foreign 61 ft 62 Vict. 8hip.

L'ability of charterer.

71. Sections five hundred and two to five hundred and nine of the principal Act shall be read so that the word "owner" shall be deemed to include any charterer to whom the ship is demised (a).

This enactment renders nugatory the decision in The Hopper Xo. 66, [1906] P. 34.

(a) "Demised."—The handing over of tho ship and her crew to the charterer so as to be absolutely under his control is a demise, but the passing of the possession and control of the ship itself may be enough to constitute a demise. In each case it is necessary to look at the charter-party to see whether it operates as a demise of the ship itself to which the services of the master and crew may or may not be superadded, or whether all that the charterer acquires by the terms of the instrument is the right to have his goods conveyed by the particular vessel, and as subsidiary thereto to have the use of the vessel and the services of the master and crew. See Sandeman v. Scurr (1866), 36 L. J. Q. B. 58; L. R. 2 Q. B. 86; Pariah v. Crawford (1745), 2 Stra. 1251; Nevberry v. Colvin (1832), 4 M. ft P. 876; 7 Bing. 190; Baumiroll v. Furnets, [1893] A. C. 8; 86 L. T. 1. See also Abbott on Merchant Shipping (14th ed.), pp. 57, 75.

Pt. V.

72. Section five hundred and eighteen of the principal Act 72—75. shall apply to wreck (a) found or taken possession of outside the Deliv ot limits of the United Kingdom, and brought within the limits wreck to of the United Kingdom (b), as it applies to wreck found or receiver, taken possession of within the limits of the United Kingdom.

(a) As to meaning of " wreck," see M. 8. A. 1894, s. 510, and notes thereto. (J) As to these limits, see Territorial Waters Jurisdiction Act, 1878.

73. After the date of the passing of this Act a pilotage Alien pilotage certificate shall not be granted to the master or mate of a ship oertlncatesunless he is a British subject, but nothing in this section

shall affect the renewal of a pilotage certificate granted before the first day of June nineteen hundred and six to a master or mate who is not a British subject.

A pilotage certificate includes not only a certificate which may be granted under sections five hundred and ninety-nine and six hundred of the principal Act, but also the certificate which may be granted under section six hundred and four (a) of that Act.

(a) I.e., pilotage certificate for master or mate of home-trade passenger ship.

74.—(1.) In the United Kingdom, all superintendents, Provisions as deputies, clerks, and servants in mercantile marine offices (a) to ""P6"11' shall be appointed and removable by the Board of Trade, and all a eu ' c' superintendents, whether appointed before or after the commencement of this Act, shall, in carrying into effect the provisions of the Merchant Shipping Acts, be subject to the control of, and obey directions given by, the Board of Trade, except as respects any matter which, under those Acts or any Order in Council made thereunder, is subject to the control of any other Government Department, and the power of removal by this section conferred on the Board of Trade shall be exerciseable by the Board as respects superintendents, deputies, clerks, and servants appointed before the commencement of this Act.

(2.) In sub-section (1) of section two hundred and forty-four of the principal Act (b) the words "such of the provisions of this Act as relate to their powers and duties" shall be substituted for the words "this Act."

(a) As to these offices, see M. S. A. 1894, s. 246 et seq.

(4) The section dealing with the constitution and objects of local marine boards.

75.—(1.) Any person appointed to be a surveyor of ships (a) Substitution under section seven hundred and twenty-four of the principal ofshipsurAct may be appointed either as a ship surveyor or as an engineer shipwright surveyor, or as both, and any reference in that section or in surveyor.

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