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within their own jurisdiction; and (3) pleasure yachts or ships belonging to any of three general lighthouse authorities. Deposi. tiun to be received in evidence when evidence cannot be produced -- with certain restrictions.
Detention of Ship and Distress on Ship.--Sections 692, 693. Enforcing detention of ship, and penalty for proceeding to sca. l'enalty for proceeding to sea with detaining olticer, dc. Clearance and transire may be relused. Sums ordered to be paid, leviable by distress on ship.
Evidence, Service of Documents, ana Declarations.--Sections 694 to 698. Proof of attestation from attesting witness of document not required. Admissibility of documents in evidence and regulations. Service of documents, and penalty for obstructing. l'roofs, &c., of exemption. Declaration may be besore a Commissioner for Oaths.
Application of Penaltics anu Costs of Prosecutions.--Sections 699 to 701. Application of penalties. Expenses of prosecution of misdemeanour. Payment of costs of prosecution of offences commitiei in Admiralty jurisdiction.
Proccdure in Scotland.--Sections 702 to 710. Ollences punish. able as misciemeanors and tribunals. Summary proceeding; to be before Sherifi or two Justices, and powers of Court. Form of complaint. Warrant on summary proceedings. Backing arrestments. Form of decree for payment of money. Sentence and penalties provided for in default of defender's appearance. Orders not to be quashed sor want of form, and to be final. General rules, so far as applicable, to extend to penalties and proceedings in Scotland.
Prosecution of Offences in Colonies.--Section 711. Prosecution of offences in British possessions punishable by Court or magistrate by whom oliences of a like character are ordinarily punishable.
Application of Part XIII.--Section 712. Applies to whole ou ller Majesty's dominions, except where otherwise provided.
Supplemental.--Sections 713 to 717. Board of Trade authorised as department to superintend all matters relating to merchant ships and seamen, and to put into execution Shipping Acts. Returns as 10 merchant shipping to be rendered Board of Trade by ollicials. Production of ilicial log-books and other documents by superintendents to Burrd of Trade on demand. Application of fees, fines, dc. Legal proceedings may be taken by Board of Trade in name of ary of its officers.
E.rpenses of Commissioners of Customs. -Section 718. Expenses of Commissioners to be charged to revenue of Customs. Power of Board of Trade to repay out of Mercantile Marine Fond. Documents and forins.--Sections 719 to 722. Proof of docu
Power of Board of Trade to prescribe forms. Certain documents exempted from stamp duty. Otiences as to use of forms or fraud or forrery in connection therewith.
Powers for Enforcing Compliance with Act.-Section 723. Powers of officials for seeing that Act is complied with. Production of documents and compelling of master to give evidence. Penalty for non-compliance.
Surveyors of Ships-Sections 724 to 727. Appointment of sur. veyorsto be by Board of Trade. Power of removal and to make regulations for performance of duties. Penalties on surveyors for receiving unauthorised moneys. Power of surveyor for purposes of survey. Penalty for obstructing surveyor. Returns by surveyors to
Board of Trade. Penalties. Appointment of surveyor in Colonies to be by Governor.
Board of Trade Inspectors.-Sections 728 to 730. Appointment of inspectors by Board of Trade to report on accidents. Powers of inspectors defined. On liability of witnesses and others. Penalty for obstructing inspectors in the execution of their duty. Exemption from Rates and Harbour Dues.
Sections 731, 732. Exemption from rates and harbour dues of lighthouses, &c., and property of lighthouse authoritie; and Board of Trade, Vesels of lighthouse authorities and Board of Trade exempt from tolls, dues, and rates of any kind in the United Kingdom.
Private Signals.--Section 732. Registration of private code of signals by shipowners with Board of Trade. Penalty for displaying unregistered signals.
Application of Act to Foreign Ships by Orier in Council. Section 734. Provision for applying by Order in Council provisions of Merchant Shipping Acts to foreign ships.
Powers of Colonial Legislatures.-Sections 735, 736. Power of Colonial Legislatures to alter provisions of Act relating to ships of their possessions, excepting Part III. relating to emigrant ships. Regulation of coasting trade by Legislatures of British possessions with certain provisions.
Provision for Foreign Places where Her Majesty has Jurisdiction. -Section 737. Provision may be made by Order in Council.
Orders in Council.--Section 738. Provisions as to Orders in Council and mode of publication.
Transmission ana Publication of Documents. -Sections 739, 740. Notices, &c., to be in writing and provision as to sending by post. Publication in London Gazette.
Exemption of Her Majesty's Ships.--Section 741. Her Majesty's ships exempted from Act, except where specially provided.
Definitions and Provisions as to Application of Ait.-Section 742. “ Vessel” includes any ship of boat, or any other description of vessel used in navigation. Ship” includes every description of vessel used in navigation, not propelled by oars. “Foreiga-going ship” includes every ship employed in trading or guing between some place or places in the United Kingdom and some place or places situate beyond the followig limits, that is to say the coasts of the United Kingdom, the Channel Islands, and Isle of Man, and the Continent of Europe between the River Elbe and Brest inclusive. “Home-trade ship” includes every ship em. ployed in trading or going within the following limits: that is to siy, the United Kingdom, the Channel Islands, and Isle of Man, and the Continent of Europe between the River Elbe and Brest inclusive. “Home trade passenger ship” means every home trade ship employed in carrying passengers. "Master” includes every person (except a pilot) having command or charge of a ship. "Seaman include; every person (except mas ers, pilots, and apprentices duly indentured or registered) employed or engaged in any capacity un bourd any ship. “Wages" includes emoluments. " Effects” includes clothes and documents. The following expressions are also separately defined, viz., "salvor, ," "wreck," pilot, "Court,” “Colonial Court of Admiralty,"
"* a Commissioner for Oaths, ,” “Chief Officer of Customs," "superintendent,
” “ Consular officer," “ bankruptcy,” “representation, legal personal representative," " name," port, ,“ harbour," "tidal water,' harbour
authority, .” “Conservancy authority,” lighthouse,
," "buoys and beacon, the Trinity House,' " the Commissioners of Irish Lights,” and “ lifeboat service:
Application of Act to Ships propelled by Electricity and to certain Fishing Vessels.-Sections 743, 744. Ships engaged in the whale, seal, walrus, or Newfoundland fisheries are deemed foreigngoing ships for purposes of Act, with the excep'ion of ships engaged in Newfoundland cod fisheries which belong to ports in Canada or Newfoundland. Act applies to ships propelled by electricity.
Repeal and Savings –Section 745. Acts mentioned in 22nd Schedule repealed to extent specified. Provisions and excep. tions defined. Ships not measured or remeasured under Merchant Shipping Tonnage Act, 1889, to be estimated as if any deduction probibited by that Act had not been made.
Chinese Passenger Act, 1855, not affected by this Act.-Section 746. Savings for local Acts. Rating of Seamen who are rated and served as
” before August 2, 1880, not affe ted by this Act. Short Title and Commiencement.-Sections 747, 748. Act to be cited as the Merchant Shipping Act, 1894.
First SCHEDULE.- Part I.-Form A, Bill of Sale. Form B, Mortgage. Form C, Transfer of Mortgage.
Part II. - DOCUMENTS of which the forms are to be prescribed by the Commissioners of Customs and sanctioned by the Board of Trade, re certificate of surveyor, declarations re ownerships, transfer registry, mortgage and sale.
SECOND SCHEDULE.-Rules for Measurement of Tonnage.RULE I.--For ships to be registered and other ships of which the hold is clear. Tables of method and computation. RULE II For ships requiring registry with cargo on board and ships which cannot be measured under Rule 1. Method of computation. RULE III.- Measurement of allowance for engine-room space in steam. ships. Meihod of ascertaining. RULE IV.-Open ships, how measured.
THIRD SCHEDULE.-TABLE OF MAXIMUM FEES TO BE PAID
Amount (Gross Reg )
of Fee. (Gross Reg). Under 50...
50 to 100 100 to 200 200 to 500 500 to
800 800 to 1,200
I TO 2 O 3 O 4 O 5 o
Fourth SCHEDULE.-Table OF MAXIMUM FEES TO BE PAID BY APPLICANTS FOR EXAMINATION.-Certificate as master, £2; certificate as mate, £i; certificate as ist class engineer, £2; cer tificate as 2nd class engineer, £i.
Fifth Schedule.- Regulations to be observed with respect to anti-scorbutics. Furnishing of anti-scorbutics. Serving out antiscorbutics. Regulations.
Sixth SCHEDULE.—Regulations to be observed with respect to accommodation on board ships. Maximum fees for inspection.
SEVENTH SCHEDULE.-Constitution of Local Marine Boards. Establishment of Local Marine Boards. Election of members. Owners of foreign-going or home trade passenger ships have one vote for every 250 tons of shipping. Maximum number of votes to be ten for any one person. Voting powers of joint owners. List of voters to be kept by collector of Customs, and revised every
Persons entitled to vote are only entitled to election. Board of Trade may appoint nominees on Board. Registry and votes of electors. Application to corporations for voiing purposes.
Eighth SchedULE. —Defines particulars to be registered by master of a ship concerning a birth at sea.
NINTH SCHEDULE.- PART I. - Maximum Fees to be paid for Passenger Steamer's Certificate-. For passenger steamers not exceeding 100 tons, £4; exceeding 100, and not exceeding 300 tons, £6; excerding 300, and not exceeding 600 tons, £8; and for every additional 300 tons above 600, an additional £2.
Part II.--Emigrant Ships--For an ordinary survey of the ship, and of her equipments, accommodation, stores, light, ventilation, sanitary arrangements, and medical stores, £10; for a special survey, £15.
Texth SCHEDULE.-Sets forth regulations as to number of persons carried on emigrant ships.
ELEVENTH SCHEDULE.—Detailed regulations as to accommodation for stet rage passengers, under heads of construction of passenger decks, berihs, hospitals, privies, and light and ventilation.
TWELFTH SCHEDULE.— Water and Provisions.—Water and provisions scales to be issued to steerage passengers. Substitutions for dietary scales. Regulations as to lime juice. Regulations as to messes and issue of provisions.
THIRTEENTH Schedule.-Sets out conditions for carriage of horses and cattle in emigrant ships.
FOURTEENTH SCHEDULE.--Forms under Part Ili. (Passenger and Emigrant Ships). -- Form 1. - Form of master's bood. Form II. — Form of passengers' list. Form III. - Form of Goveroor's or Consular officer's certificate of expenditure in the case of passengers wrecked or injured. Form IV.-Form of passagebroker's bond. Form V. - Form of passage-broker's licence. Form VI.- Form of notice to be given to Board of Trade by licensing authority grantinga licence as passage-broker. Form VII. Form of notice to be given to Board of Trade by an applicant for a passage-broker's licence. Form VIII.- Form of notice of forfeiture of a passage-broker's licence to be given by the Court by which it is forfeited to the Board of Trade. Form IX.–Form of appointment of passage-broker's agent. Form X.-Form of emigrant-runner's annual licence.
FIFTEENTH SCHEDULE.—Tabular Form of Number and Dimensions of Boats for Fishing-boats entered in the Fishing boat Register.
SIXTEENTH SCHEDULE.—Maximum Fees for Inspection of Lights and Fog-signals.- For each visit made on application, or where lights or fittings found defective, 1os. Aggregate fees, whatever the number of visits, shall not exceed £1.
SEVENTEENTH SCHEDULE.-Life-saving Appliances.-Constitution of the Committee.--(1) Three shipowners selected by Council of Chamber of Shipping of the United Kingdom. (2) One shipowner selected by the Shipowner's Association of Glasgow, and one shipowner selected by the Liverpool Steamship Owners' Association and the Liverpool Shipowners' Association conjointly. (3) Two shipowners selected by the Council of the Institution of Naval Architects. (4) Three persons practically acquainted with the navigation of vessels, selected by the shipmasters' societies recog. nised by the Board of Trade for this purpose. (5) Three persons being, or having been able-bodied seamen, selected by seamen's societies recognised by the Board of Trade for this purpose. (6) Two persons select_d conjointly by the Committee of L'oyd's, the Committee of Lloyd's Register Society, and the Committee of the Institute of London Underwriters.
EIGHTEENTH SCHEDULE. — Precautions as to Grain Cargo.-General obligation to prevent cargo shifting. Precautions against shiftig of grain. Carriage between decks preveated except for quantity for seeding cargo in the hold. Exemp:ion where le eders are provided. Where grain carried in bulk without feeders onefourth to be in bags laid upon giain in bulk. Oats or cotton seed no: included in this provision, nor sailing ships of less than 400 reg. tons not engaged in Atlantic trade; nor ships laden in Mediterranean or Black Seas providei with compartments in holds and with longitudinal bulkheads or shifting boards; nor to ships in which grain does not exceed one-half (f whole cargo, and the rest cotton, wool, flax, or flour, or other suitable cargo pruperly s.owed. General provisions for proper bulkheads or shif:ing boards and sale stowage.
NINETEENTH SCHEDULE.- Part I.-Statements in the case of salvage by Her Majesty's ships. Certain particulars to be stated by the salvor and by master or other person in charge of vessel, cargo or property saved. Part II.-Form of salvage bond.
TWENTIETH SCHEDULE. -- Table of Maximum Fees and Re. muneration of Receivers of Wreck.
TWENTY-FIRST SCHEDULE. —Table showing Maximum Rates of Pilotage to be Demanded and Received by Qualified Pilots for Piloting Ships within the limits mentioned therein. N.B.-The Rates which can be actually taken may, by virtue of an
order of the Trinity House, be less ihan those mentioned in the Schedule.