The Merchant Shipping Acts

Front Cover
Stevens and Sons, Limited, 1907 - Maritime law - 900 pages
 

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Contents

PASSENGER STEAMERS
2
Register book
4
SECT PAGE 14 Certificate of registry
9
Penalty for use of improper certificate
10
Endorsement of change of master on certificate
11
Delivery up of certificate of ship lost or ceasing to be British owned
12
Temporary passes in lieu of certificates of registry
13
Declaration of transfer
14
Transmission of property in ship on death bankruptcy marriage c
15
Order for sale on transmission to unqualified person
16
Transfer of ship or sale by order of Court
17
Mortgage of ship or share
18
Entry of discharge of mortgage
19
Mortgagee not treated as owner
20
Mortgagee to have power of sale
22
Transfer of mortgages
23
Requisites for certificates of mortgage and sale
24
Rules as to certificates of sale
26
Power of Commissioners of Customs in case of loss of certi ficate of mortgage or sale
27
Revocation of certificates of mortgage and sale
28
Registry of alterations
29
Regulations for registry of alteration
30
Registry anew on change of ownership
31
Restrictions on reregistration of abandoned ships
32
Equities not excluded by Act
33
Liability of Beneficial Owner 58 Liability of owners
34
Declarations Inspection of Register and Fees 60 Power of registrar to dispense with declarations and other evidence
35
Returns Evidence and Forms 63 Returns to be made by registrars
36
Forms of documents and instructions as to registry
37
False declarations
38
Penalty for concealment of British or assumption of foreign character
39
Liabilities of ships not recognized as British
40
Penalty on ship not showing colours
41
Measurement of Ship and Tonnage 77 Rules for ascertaining register tonnage
42
Allowance for engineroom space in steamships
43
Deductions for ascertaining tonnage
44
Provisions as to deductions in case of certain steamships
45
Measurement of ships with double bottoms for water ballast
46
Space occupied by deck cargo to be liable to dues
47
Surveyors and regulations for measurement of ships
48
Ports of Registry in Place under Foreign Jurisdiction Act 88 Foreign ports of registry
49
MASTERS AND SEAMEN Certificates of Competency 92 Certificates of competency to be held by officers of ships
50
Grades of certificates of competency
51
Examinations by Board of Trade in certain cases
52
Fees on examination
53
Loss of certificate
54
Production of certificates of competency to superintendent
55
Apprenticeship to the Sea Service 105 Assistance given by superintendents as to apprenticeship
56
Attestation of pauper apprenticeship
57
Production of indentures to superintendent before voyage in foreigngoing ship
58
Penalty for engaging seamen without licence
59
Engagement of Seamen 113 Agreements with crew
60
Discharge of Seamen
63
Special provisions as to agreements with crew of hometrade ships
64
Changes in crew of foreigngoing ship to be reported
65
Certificate as to agreements with crew of hometrade ships
66
Forgery c of agreements with crew
67
Agreements with Lascars
68
Rating of Seamen 126 Rating of seamen
69
SECT PAGE 127 Discharge before superintendent
70
Reports of seamans character
71
Payment of Wages 131 Payment of wages before superintendent
72
Time of payment of wages for foreigngoing ships
73
Time of payment of wages for hometrade ships
74
Settlement of wages
75
Power of superintendent to require production of ships papers
76
Regulations as to allotment notes
77
Allotments through savings banks
78
Time for payment of allotment note
79
Seamens Money Orders and Savings Banks 145 Remittance of seamens wages c by seamens money orders
80
National Debt Commissioners to receive deposits c
81
Public officers to be exempt from legal proceedings except in case of wilful default
82
Wages not to depend on freight
84
Wages not to accrue during refusal to work or imprisonment
85
Restriction on sale of and charge upon wages
86
Restrictions on suits for wages
87
Wages not recoverable abroad in certain cases
88
Power of Courts to rescind Contracts 168 Power of Court to rescind contract between owner or master and seaman or apprentice
92
Dealing with and account of property of seamen who die during voyage
93
Penalty for noncompliance with provisions as to property of deceased seamen
94
Dealing with property of deceased seamen by officers abroad
95
Property of seamen dying at home
96
Dealing with deceased seamans property when he leaves a will
97
Dealing with unclaimed property of deceased seaman
98
Forgery of documents c for purpose of obtaining property of deceased seamen
99
Notice to owner and enforcement of charge
100
Destitute Seamen SEOT PAGE 184 Penalty on masters of ships leaving certain seamen in dis tress in the United Kingdom
101
Discharge of seamen in foreign countries
102
Penalty for forcing seamen on shore or leaving them behind
104
Seamen not to be discharged or left abroad unless sanction or certificate obtained
105
Accounts and payment of wages in case of seamen left abroad
106
Distressed Seamen 190 Regulations as to relief and maintenance of distressed seamen
109
Provisions for maintenance and relief of distressed seamen
110
Masters of ships compelled to take distressed seamen
111
Recovery of expenses of relief of distressed seamen
113
Payment of erpenses out of Jercantile Marine Fund
114
Money and effects of seamen volunteering into navy
115
Provisions Health and Accommodation 198 Complaints as to provisions or water
117
Regulations respecting medicines antiscorbutics c
118
Weights and measures on board
120
Appointment of medical inspectors
121
Expenses of medical attendance in case of illness
122
Recovery of expenses from owner
124
Accommodation for seamen
125
Facilities for making Complaint 211 Facilities for making complaint
126
Penalty for overcharges by lodginghouse keepers
127
Penalty for detaining seamens effects
128
Application of provisions of previous section to foreign ships
129
Desertion and absence without leave
130
Conveyance of deserter on board ship
132
Power of Court to order offender to be taken on board ship
133
Summary remedies not to affect other remedies
135
Entries and certificates of desertion abroad
136
Application of forfeitures
137
Ascertainment of amount of forfeiture out of wages
138
Penalty for enticing to desert and harbouring deserters
139
Penalty on stowaways and discipline of stowaways and sea men carried under compulsion
140
Official Logs 239 Official logs to be kept and to be evidence
141
Entries required in official log book
142
Offences in respect of official logs
144
SECT PAGE 244 Continuance and constitution of local marine board
145
Mercantile Marine Offices 246 Establishment and control of mercantile marine offices
146
Business of mercantile marine office
147
Embezzlement by officers of local marine boards
148
Prohibition on taking fees at mercantile marine office
149
Return of births and deaths in British ships
151
Return in case of transfer or loss of ship
152
Deposit of documents at foreign ports and in colonies
153
Sites for Sailors Homes 259 Corporations c may grant sites for sailors homes
154
Application of Part II to ships registered elsewhere than in the United Kingdom
155
Partial application of Part II to fishing boats
156
Application of Part II to colony by colonial legislatures
157
PASSENGER AND EMIGRANT SHIPS 1 DEFINITIONS Definition of Passenger Steamer and Passenger 267 Definition of passenger and passenger ...
158
Survey of Passenger Steamers
161
Loading of grain cargoes on foreign ships 469
167
SECT PAGE 295 Supply of provisions and water
174
Mode of carrying water
175
Power of Board of Trade to erempt ships
176
Dangerous Goods and Carriage of Cattle 301 Regulations as to carriage of dangerous goods and of horses and cattle
177
Carriage of military stores
178
Steerage passengers stewards cooks and interpreters
179
Crew of emigrant ship
180
Medical Inspection 306 Medical inspection of steerage passengers and crew
181
Return of passage money to persons relanded for medical reasons
182
Evidence of bond
183
Lists of passengers embarked after clearance
184
Attempt to gain passage without payment
185
Ships putting back to replenish provisions c
186
Forfeiture of ship proceeding to sea without certificate for clearance
187
Summary remedy for breach of contract
188
Forwarding of passengers by governors or consuls
194
Passage Brokers SECT PAGE 341 Passage broker
197
Granting of licences to passage brokers
198
List of agents and runners to be exhibited by brokers and sent to emigration officers
199
Renewal of badge
200
Emigrant runners commission and fees
201
Penalties for fraud in connexion with assisting emigration
202
Recovery of fines
203
Forms and fees
204
Byelaws by harbour authority
205
Application of Part III as regards Emigrant Ships 364 Application to certain voyages
206
Power of governors of colonies as to numbers of steerage passengers
207
Power for legislature of India to apply Part III
208
FISHING BOATS Application of Part IV
209
Fishing boat Second hand Voyage
210
Extent of Part IV
211
Effect of registry of fishing boat
212
Rules as to boats and lifebuoys of fishing boats
213
Offences by seamen and apprentices
214
Civil right unaffected by criminal provisions
216
Apprehension of seamen guilty of certain offences
217
Dealing with seaman who refuses to proceed to sea c
218
Provisions as to Deaths Injuries Illtreatment Punishments and Casualties in Fishing Boats 385 Record and report of death injury illtreatment punish m...
219
Settlement of Disputes 387 Decision of disputes by superintendent
220
Provisions for ascertaining Profits of Fishing Boats
221
Fees and Control of Superintendents 390 Fees payable on engagements and discharges
222
Assistance by superintendents
223
Enforcement by superintendents of indentures or agreements
224
III PROVISIONS APPLYING TO TRAWLERS Engagement of Seamen 399 Agreements with crew
225
Mode of entering into agreements
226
Ships with submerged loadlines deemed unsafe
247
Time c for marking of loadline in case of coasting vessels
248
Penalty for offences in relation to marking of loadline
249
Provision as to colonial ships with respect to loadlines
250
Dangerous Goods 446 Restrictions on carriage of dangerous goods
251
Power to deal with goods suspected of being dangerous
252
Carriage of Grain 452 Obligation to take precautions to prevent grain cargo from shifting
255
Precautions against shifting of grain cargo laden in port in Mediterranean or Black Sea or on coast of North America
256
Power of Board of Trade for enforcing provisions as to carriage of grain
257
Unseaworthy Ships 457 Sending unseaworthy ship to sea a misdemeanor
258
Power to detain unsafe ships and procedure for detention
259
Liability for costs and damages
262
Power to require from complainant security for costs
263
SPECIAL SHIPPING INQUIRIES AND COURTS Inquiries and Investigations as to Shipping Casualties SECT PAGE 464 Shipping casualties
267
Preliminary inquiry into shipping casualties
268
List of assessors
270
Inquiry into conduct of certificated officer
272
Removal of master by Admiralty Court
273
Power of Board of Trade to restore certificate
274
Supplemental Provisions as to Investigations and Inquiries 476 Investigations before stipendiary magistrate
275
Power to appoint wreck commissioners
276
Rules as to investigations and inquiries
277
Cases in which naval courts may be summoned
278
Functions of naval courts
279
Delivery up of certificate
280
Report of proceedings of naval courts
281
Constitution of court of survey
282
Power and procedure of court of survey
283
Scientific Referees SECT PAGE 490 Reference in difficult cases to scientific persons
284
DELIVERY OF Goods Delivery of Goods and Lien for Freight 492 Definitions under Part VII
285
Prohibition of increasing weight on safetyvalve
286
Lien for freight on landing goods
288
Provisions as to deposits by owners of goods
289
Sale of goods by warehousemen
290
Warehousemens protection
291
LIABILITY OF SIIPOWNERS 502 Limitation of shipowners liability in certain cases of loss of or damage to goods
292
Limitation of owners liability in certain cases of loss of life injury or damage
293
Power of courts to consolidate claims against owners c
297
Part owners to account in respect of damages
299
Liability in certain cases not affected
300
WRECK AND SALVAGE Vessels in Distress 510 Definition of wreck and salvage
301
Powers of the receiver in case of vessels in distress
302
SECT PAGE 514 Power of receiver to suppress plunder and disorder by force
303
Exercise of powers of receiver in his absence
304
Dealing with Wreck 518 Provision as to wreck found in the United Kingdom
305
Penalty for taking wreck at time of casualty
306
Immediate sale of wreck by receiver in certain cases
307
Disputed title to unclaimed wreck
308
Delivery of unclaimed wreck by receivers not to prejudice title
309
Power of lighthouse authority to remove wreck
311
Offences in respect of Wreck 535 Taking wreck to foreign port
312
Summary procedure for concealment of wreck
313
Marine store dealer to keep proper books
314
Marking of Anchors SECT PAGE 543 Marking of anchors
315
Salvage of life from foreign vessels
317
Salvage of cargo or wreck
318
Determination of disputes as to salvage summarily
320
Appeal in case of salvage disputes
321
As to arbitrators in Ireland
322
Detention of property liable for salvage by a receiver
323
Sale of detained property by receiver
324
Apportionment of salvage under 2001 by receiver
325
Salvage by Her Majestys ships
326
Salvage by Her Majestys ships abroad
327
Execution of bond
328
Saving for other salvage rights
329
Appointment of Receivers of Wreck 566 Appointment of receivers of wreck
330
Remuneration for services by coastguard
331
PILOTAGE Preliminary 572 Application of Part X
333
Transfer of pilotage jurisdiction
334
Exemption from compulsory pilotage
335
Power of pilotage authorities as to exemptions from com pulsory pilotage
336
Confirmation of byelaws
338
Appeal against byelaws or regulations not made under this Act
339
Licensing by Pilots
340
Registration of pilot licences
341
Penalty on fraudulent use of licence
342
Receiving or offering improper rates of pilotage 312
343
Occasions on which unqualified pilots may act
344
Grant of pilotage certificates to masters and mates
345
Appeal by master or mate to Board of Trade 316
346
Compulsory pilotage
347
Home trade passenger ships to carry pilots
350
Exemption from compulsory pilotage
351
Penalty on pilot endangering ship life or limb
353
Pilot Boats and Pilot Signals 611 Approval of pilot boats
355
Display of pilot flag when pilot is on board vessel
356
Power of Trinity House to alter regulations
357
Regulations as to pilots licences
358
Pilots liability limited
359
Ships from London coming past Dungeness to take the first pilot
360
168
361
Rates of Pilotage Trinity House 626 Rates of pilotage
362
Receipt and application of pilotage dues payable by foreign ships
363
Pilot Fund Trinity House 630 Payments to be made to the pilot fund
364
Saving for Liability of Owners and Master 633 Limitation of liability of owner or masters where pilotage is compulsory
365
LIGHTIIOUSES General Management 634 Management of lighthouses buoys and beacons
368
Returns and information to Board of Trade
369
Restrictions on exercise of lighthouse powers by commis sioners
370
SECT PAGE 643 Continuance of light dues
371
Dues for new lighthouses
372
Application and collection of light dues
373
651 Receipt for light dues
374
Surrender of local lighthouses
375
Light dues for local lights
376
Expenses of General Lighthouse Authorities 658 Payment of lighthouse expenses out of Mercantile Marine Fund
377
Advances by Treasury for lighthouse expenses
378
Advances by Public Works Loan Commissioners
379
Injury to lighthouses c
380
Commissioners of Northern Lighthouses 668 Incorporation of Commissioners of Northern Lights
381
Dues for colonial lighthouses c
382
Advances for construction and repair of colonial light houses c
383
MERCANTILE MARINE FUND 676 Sums payable to the Mercantile Marine Fund
384
Application of Mercantile Marine Fund
385
Subsidy from Parliament to Mercantile Marine Fund
386
Accounts and audit
387
LEGAL PROCEEDINGS Prosecution of Offences 680 Prosecution of offences
388
Application of Summary Jurisdiction Acts in certain cases
389
Provision as to jurisdiction in case of offences
390
Offences committed by British seamen at foreign ports to be within Admiralty jurisdiction
392
Provisions in case of Offences Abroad 689 Conveyance of offenders and witnesses to United Kingdom or British possession
393
Inquiry into cause of death on board ship
394
Depositions to be received in evidence when witness cannot be produced
395
Detention of Ship and Distress on Ship 692 Enforcing detention of ship
396
Sums ordered to be paid leviable by distress on ship
397
Service of documents
399
Declarations
400
Payment of costs of prosecution of offences committed in Admiralty jurisdiction
401
Form of complaint
402
Orders not to be quashed for want of form and to be final
403
SUPPLEMENTAL General Control of Board of Trade 713 Superintendence of merchant shipping by Board of Trade 714 Returns as to merchant shi...
404
Legal proceedings
405
Exemption from stamp duty
406
EMIGRANT SHIPS
408
Provision as to discharge c to apply in the case of
412
SECT PAGE
414
Application of Act to ships propelled by electricity c
420
Provision of signals of distress inextinguishable lights
435
Survey of Emigrant Ships
438
MERCHANT SHIPPING ACT 1897
452
Provision for foreign places where Her Majesty has jurisdic
453
SECT PAGE
454
Additions to lighthouses 371
456
SCHEDULES
460
Limitation of liability where several claims arise on
466
Equipments
468
Power to apply rules as to lifesaving appliances to foreign ships in certain cases
469
Provision as to Orders in Council
470
Entry in log book of boat drill c
471
Loading of timber
472
Summary prosecution for offences under loading of grain provisions
474
PASSENGER AND EMIGRANT Ships 13 Inclusion of foreign steamships as passenger steamers
475
Passengers landed or embarked by means of tenders
476
Copies of scale of provisions applicable to voyage to be pro duced to steerage passenger and posted up in ship
477
Penalty on master or owner for noncompliance with provi sions as to passenger steamers
478
Sale of steerage passages
479
Inspection of provisions and water
480
Certificated cooks for foreigngoing ships
481
Account of wages in case of seaman left behind on ground
491
Proper return port
497
foreigners
501
Deduction of spaces used for water ballast in ascertaining tonnage
502
masters wages
503
Power to except claims from release on settlement of wages
504
Master to give facilities to seamen for remitting wages
505
Increase of crew space 66 Appeal from decision on investigation as to shipping casualties
506
Power of naval court to send a person sentenced to imprison ment home to undergo sentence
507
Calculation of tonnage of steamship for the purpose of limi tation of liability
508
Delivery of wreck to receiver
509
Returns to be furnished by masters of ships as to passengers
510
Dispensing powers of the Board of Trade
511
Power to register Government ships under the Merchant Shipping Acts
512
Amendment of procedure in Scotland i
513
SECT PAGE
514
INDEX
765
Equipment with compasses chronometers fireengine
778
Regulations as to carrying of passengers generally
797
Accounts to be rendered by owners 220
811
in case of loss 144
828
sort of agreement 229
879

Common terms and phrases

Popular passages

Page 673 - ... abaft the beam on the starboard side ; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles. (c) On the...
Page 673 - On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles.
Page 677 - In obeying and construing these Rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above Rules necessary in order to avoid immediate danger.
Page 658 - ... (a). These two lights shall be so placed in line with the keel that one shall be at least 15 feet higher than the other, and in such a position with reference to each other that the lower light shall be forward of the upper one. The vertical distance between these lights shall be less than the horizontal distance.
Page 658 - ... feet above or below such lights, if the length of the tow, measuring from the stern of the towing vessel to the stern of the last vessel towed, exceeds 600 feet.
Page 687 - ... other; in other words, to cases in which by day each vessel sees the masts of the other in a line or nearly in a line with her own, and by night to cases in which each vessel is in such a position as to see both the side lights of the other.
Page 662 - When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When both are running free, with the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel.
Page 683 - ... points abaft the beam on the starboard side ; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles.
Page 664 - I am directing my course to starboard." Two short blasts to mean, " I am directing my course to port.
Page 659 - ... shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side. Fourth. Rowing boats, whether under oars or sail, shall have ready at hand a lantern showing a white light which shall be temporarily exhibited in sufficient time to prevent collision. The vessels referred to in this article shall not be obliged to carry the lights prescribed by article 4 (a) and article 11, last paragraph.

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