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that it is not stuffed with rushes, cork shavings, or other shaving , or loose granulated cork, or other loose material, and does not require inflation before us.
All life-buoys shall be fitted with beckets securely seized, and not less than two of them shall be fitted with life-lines 15 fathoms in length.
(11) POSITION OF LIFE-BUOYS AND LIFE-BELTS.-All life-buoys and life-belts shall be so placed as to be readily accessible to all persons on board, and so that their position may be known to those for whom they are intended.
(12) WATER-Tigur COMPARTIENTS.---- When ships of any class are divided into efficient water-tight compartments to the satis saction of the Board of Trade, they shall only be required to carry additional boats, rafts, and other life-saving appliance of one-half of the capacity required by these Rules.
MERCHANT SHIPPING ACT, 1889. CHAPTER 46.- Amendment of Shipping Act, 1854, and Aits
amending same. Section 1. Vasters of ships to have same remedies for recovery of disbursements and for liabilities incurred on account of ships as for recovery of wages, and power given to Court adjudicating to investigate accounts, set offs, and counterclaims.
Section 2. Advance Notes legalised to the extent of one month's wages, and Section 2 of the Merchant Seamen (Payment of Wages and Rating) Act, 1880, repealed.
Section 3. Deserters.-Register of seamen who have deserted or failed to join their ships after signing Agreement to be kept at Mercantile Marine Office for inspection of masters.
Section 4. Payment of Wages to British Seamen in foreign money to be made at rate of exchange current at place of payment, notwithstanding anything to contrary in Agreement.
Section 5. Provisions of Merchant Shipping Act, 1854, and Amending Acts shall apply to ships propelled by electricity or other mechanical power.
Section 6. This Act to be cited as “Merchant Shipping Act, 1889," and to be construed as one with Merchant Shipping Act, 1854, and subsequent Acts amending the same.
MERCHANT SHIPPING (TONNAGE) Act, 1889. Section 1. In ascertaining register-tonnage no deduction shall be allowed in respect of any space which has not been first included in measurement of ship's tonnage. Repeals in Section 21, paragraph 4, Merchant Shipping Act, 1854, the words “ First, that nothing shall be added for a closed-in space solely appropriated to the berthing of the crew, unless such space exceeds one-twentieth of the remaining tonnage of the ship, and in case of such excess, the excess only shall be added.” And, secondly, and in Section 22, paragraph 2, of the same Act, the words “Subject to the deduction for a closed-in space appropriated to the crew as mentioned in Rule I.,” shall be repealed. This Section is not to apply until after the expiration of five years from the passing of this Act to ships where deductions prohibited have been made before the 10:h March, 1889, or to ships the building of which was commenced before that date, and which are registered between that date anıl the end of 1889, unless in either case before the expirati in of th:
said five years the vessels are measured or re-measured in accord. ance with the provisions of this Act; but this exemption is not to extend to any ship in which the allowance for propelling.power space exceeds 50 per cent of the gross tonnage.
Section 2. Allowance for engine-room in Steamers.—Space or spaces above crown of engine-room, and above the upper deck framed in and for the machinery or for admission of light and air, shall not be included in propelling-power space, except owner requests the Board of Trade in writing, and shall not be included in pursuance of such request, unless
(a) That portion is first included in measurement of grosstonnage ; and
(0) A surveyor appointed under Fourth Part of Merchant Shipping Act, 1854, certifies that it is duly constructed, safe,
and seaworthy, and cannot be used for any other purpose. Section 3. Deductions for Navigation Spaces. — The following deductions shall be made in ascertaining register-tonnage in measuring or re-measuring a ship, viz. :
In Sailing Vessels—any space set apart and used exclusively for storage of sails. In the case of any Ship
(1) Any space used exclusively for accommodation of
(2) Any space used exclusively for working of the helm, the capstan, and anchor gear, or for keeping charts, signals, and other instruments of navigation, and boatswain's stores; and
(3) The space occupied by donkey.engine and boiler, if connected with the main pumps of the ship. These deductions are subject to the following provisions, viz. :
That Board of Trade Surveyor certifies as to their suitability and efficiency; that there must be permanently marked over every such space the purpose to which it is to be applied ; and that the deduction on account of space for stowage of sails
must not exceed per cent. of tonnage of ship. Section 4. Deductions in certain Steamships.-In screw-steamships where an engine-room allowance of 32 per cent. of grosstonnage has been allowed at time of passing the Act, and which any crew space on deck has not been included in gross tonnage, whether its contents have been deducted therefrom or not, the crew space shall be, on the application of the owner or by direction of the Board of Trade, measured and added to register-tonnage ; and if it appears that with such addition the engine-room does not occupy more than 13 per cent. of the tonnage of the ship, the existing allowance of 32 per cent. shall be continued, notwithstanding any. thing in this Act.
Section 5. Measurement of Ships with Double Bottoms for Water Ballast.-If the spaces between the inner and outer plating is certified by Board of Trade surveyor to be not available for cargo stores or fuel, then depth required by Section 21, paragraph 2, of Merchant Shipping Act, 1854, shall be taken to be the upper side of inner plating of. double bottom, which is to be deemed the floor. timber referred to in that section.
Section 6.-Re-measurement of Foreign Ships. - Where tonnage of any foreign ship materially differs from that which would be her tonnage under the Merchant Shipping Act, 1854, and Amending Acts, Her Majesty may by Order in Council direct that such ships may be remeasured in accordance with those Acts.
Section 7. That this Act be cited as the Merchant Shipping (Tonnage) Act, 1889, and be construed as one with the Merchant Shipping Acts, 1854, and the Acts amending the same.
The MERCHANT SHIPPING (COLOURS) ACT, 1889. Section 1. Red ensi
usually worn by merchant ips is hereby declared to be the proper national colours for all ships and boats belonging to any subject of Her Majesty, except in the case of Her Majesty's or other ships allowed to wear other colours by Royal Warrant or by Admiralty.
Section 2. A ship belonging to any subject of Her Majesty shall, on a signal from one of Her Majesty's ships, and on entering or leaving any foreign port, and if of 50 tons gross or upwards, shall also, on entering or leaving any British port, hoist the proper national colours, under a penalty from the master of one hundred pounds. Sea-fishing boats registered under the Sea Fisheries Acts are exempted from this provision.
Section 3. Amendment of Section 105 of the Merchant Shipping Act, 1854.—Penalties incurred in respect of the improper hoisting of colours or of a pendant in British ships, with costs, may be recovered in Superior Courts in England, Ireland, or Scotland. Any offence mentioned in that section may also be prosecuted and penalty recovered as in the case of offences declared by Merchant Shipping Act, 1854, punishable by penalties not exceeding £100.
Section 4. Defines “one of Her Majesty's ships as a vessel under command of an officer of Her Majesty's Yavy on full pay.
Sections 5 and 6. Saving Admiralty powers in respect of red eosign usually worn by Merchant Ships, and citing this Act as the “Merchant Shipping (Colours) Act, 1889."
MERCHANT SHIPPING (PILOTAGE) ACT, 1889. Section 1. Application of Part 5, Merchant Shipping Act, 1854.–To remove doubts as to application of provisions in construction of that Act, the expression “ship” includes a foreign ship.
Section 2. Provisional Orders. — Board of Trade granted power to make provision for direct representation of pilots and shipowners on local pilotage authorities or any body appointed by local authority; and to extend limits of any pilotage district by including area where no pilotage authority exists, so however that in no area thus added there shall be no compulsory pilotage and no restriction on duly qualified persons to obtain licences as pilots ; and applies provisions of Section 40, Merchant Shipping Act Amendment Act, 1862, to provisional orders made hereunder.
Section 3. Powers of Committee, Commissioners, Sub-Commissioners, &c. -Powers given to those bodies to suspend, dismiss, or revoke certificates of pilots licensed for districts, and guilty of offences under Sections 365, 366, or 367 of Merchant Shipping Act, 1854.
Section 4. Appeals from Pilotage Authorities.- Pilots aggrieved by decisions of pilotage authorities with respect to suspension or dismissal or revocation, or by imposition of fine exceeding £2, or
to application of any fund to which he has contributed, may appeal to County Court in jurisdiction, or to a police or stipendiary magistrate having jurisdiction within the port. On hearing appeals assessor of nautical and pilotage experience to sit with magistrate.
Provision as to selection and summoning of assessor ; power of judge or magistrate to confirm, reverse, or modify penalty. Costs of pilotage authority payable out of its general funds or expenses. Rules regarding procedure to be made by County Court Judges and Secretary of State.
Section 5. Employment of Unqualified Pilots.-For employing unqualified pilot, after qualified pilot has offered to take charge, a master incurs a penalty of double amount of pilotage demandable for conduct of ship where same is being navigated outside a district in which pilotage is compulsory.
Section 6. Returns as to Pension Fund to be made in manner prescribed by local pilotage authorities to Board of Trade.
Section 7. Bye-laws as to Contributions to Pilotage Funds. -Powers of Section 333 of Merchant Shipping Act, 1854, shall extend to making bye-laws compelling masters and mates to contribute to Pilotage Funds, with provision as to limit of contributions.
Section 8. Application of Fees in respect of Pilotage Certificates.—To be applied to expenses incidental to examinations under
Section 343 of the Merchant Shipping Act, 1854, and surplus to go . to local superannuation fund of pilots, &c.
Section 9. Flag to be Displayed where Master or a Mate has a Pilotage Certificate.—To be displayed of description mentioned in Section 346 of Merchant Shipping Act, 1854; and failure to comply entails a penalty on master of £20. Holder of such a pilotage certificate is deemed a qualified pilot under Section 348, Merchant Shipping Act, 1854.
Section 10. Penalty on Ordinary Boat displaying Colourable Imitation of Pilot Flag.-Enacted that boats or ships not having on board licensed pilots displaying flags likely to deceive, be deemed an offence by master or owner, entailing a penalty of £50.
Section 1. Recovery of Pilotage Dues.-Repeals Section 363 of Merchant Shipping Act, 1854, in so far as it enacts that pilotage dues shall not be recovered until dues so demanded have remained unpaid for seven days after time of demand.
Section 12. Application to Scotland.-Act applies with following modifications :
Appeals under Act from pilotage authority shall be made to sheriff having jurisdiction.
Court of Session to make rules as to procedure in appeals. Section 13. Application to Ireland.-Courts defined where appeals may be heard, and rules as to legal procedure.
Section 14. Repeals enactments defined in Schedule, which sets out certain words in Section 343 of Merchant Shipping Act, 1854, hereby repealed, as also certain words in Section 363 of same Act.
Section 15. Construction of Act--as one with Part V. of Merchant Shipping Act, 1854.
Section 16. Commencement of Act-To come into operation on ist January, 1890.
Section 17. Short Titles. - Act to be called "Merchant Shipping (Pilotage) Act, 1889."
The MERCHANT SHIPPING ACT 1890 (COMMONLY KNOWN AS
THE LOADLINE Act).
Act became Law. 9th June, 1890. Complusory Marking of Loadline.-Section 1. – That Merchant Shipping Act, 1876, shall, after the expiration of six months from passing of this Act, be construed as if in the 26th and 271h sections ihereof, the following sub-section were inserted instead of the sub. sections numbered (2) in those sections respectively :
(2) The centre of this disc shall be placed at such level below the deckline marked under the provisions of this Act, as may be approved by the Board of Trade, and shall indicate maximum loadline in salt water to which it shall be lawful to
load ship. Provided that position of this disc shall be fixed in accordance with tables framed by the Loadline Committee, appointed before passing of this Act, subject to such allowance necessary by difference between position of deckline marked under the provisions of the Merchant Shipping Act, 1876, and the position of the line from which freeboard is measured under the said tables, and subject to any modification subsequently sanctioned by Board of Trade,
In sanctioning modifications, Board of Trade have regard to representations made by any Corporation or Association, for survey or register of shipping for the time appointed or approved for the purposes of this Act.
Regulations.--Section 2.- Board of Trade shall appoint the Committee of Lloyd's Register of British and Foreign Shipping, or at option of owner of ship, any other Corporation or Association approved by Board of Trade, to approve and certify on their behalf from time to time the position of any disc, and any altera. tion thereof, and may appoint fees to be iaken in respect of any such approval or certificate. Board of Trade may make regulations :
(a) Determing lines or marks to be used in connection with the disc, in order to indicate maximum loadline under different circumstances and at different seasons.
(6) As to mode in which the disc and the lines or marks are to be marked on the ship, whether by painting, cutting, or otherwise.
(c) As to mode of application for and form of certificates under this Act; and
(d) Requiring the entry of such certificates, and other particulars as to draught of water and freeboard in the official log-book of the ship, or other publication on board, and as to
delivering copies of such entries. All such regulations to be in full force and effect.
Colonial Ships.-Section 3.-—Where legislature of any British possession by enactment provides for the fixing, marking, and certifying of loadlines on ships registered in that possession, and it appears that such provisions are based on the same principles as the provisions of this Act, it shall be lawful for Her Majesty, by order in Council, to declare that any load-line fixed and marked, and any