135 THE MERCHANT SHIPPING ACTS. BY ROBERT TEMPERLEY, M.A., OF THE INNER TEMPLE, ESQUIRE, BARRISTER-AT-LAW. SECOND EDITION, COMPRISING THE MERCHANT SHIPPING ACTS, 1894 to 1907, OF ORDERS IN COUNCIL, RULES AND REGULATIONS, BY THE AUTHOR, NOW A SOLICITOR OF THE SUPREME COURT, AND HUBERT STUART MOORE, OF THE INNER TEMPLE, ESQUIRE, BARRISTER-AT-LAW, Author of The Rules of the Road at Sea." Joint author of " The History and Law of Fisheries.” ASSISTED BY ALFRED BUCKNILL, M.A., OF THE INNER TEMPLE, ESQUIRE, BARRISTER-AT-LAW. LONDON: STEVENS AND SONS, LIMITED, 119 & 120, CHANCERY LANE, PREFACE. THE First Edition of this Work dealt only with the Merchant Shipping Act, 1894, which consolidated in 748 sections the accumulated legislation on this subject of the previous, forty years, commencing with the general Act, the Merchant Shipping Act, 1854. Until last year the law thus consolidated had undergone little amendment, the Acts of 1897, 1898 and 1900 being directed only to a few isolated matters, but Mr. Lloyd George's Merchant Shipping Act, 1906, introduced extensive changes, and a new edition of this Work became necessary. The Merchant Shipping Act, 1907, a short Act amending the provisions of sect. 78 of the Merchant Shipping Act, 1894, as to the deduction from tonnage for the space occupied by the propelling power of a ship, has been enacted during the passage of this Edition through the press, and is included in the Addenda (infra, p. xevi). As the Act of 1894, now the Principal Act of the group of Merchant Shipping Acts, was (save as to one or two matters of detail) of a purely consolidating character, the cases decided under the statutes repealed by it continued of authority, and for the greater part they still continue so notwithstanding the amending Acts above mentioned. The scheme of the present Work is therefore mainly to place the substance of these cases, as well as of those decided under the present Acts, as notes to the sections the provisions of which are affected by the decisions. In the margin of each section reference is made to the provisions re-enacted or superseded by it, while the Comparative Table of Sections, printed at p. lxix, indicates what existing provisions (often dispersed over various sections) now represent those of each section repealed by the Act of 1894. As very many provisions of the Merchant Shipping Acts depend for their practical application on Orders in Council or on Rules and Regulations made under the Acts by various Authorities, and as copies of these are not always readily accessible, such of them, in force on the 1st June, 1907, as are likely to be required by readers, are printed in the Appendix, the completeness of which has been made a special feature of this Edition. It has not been thought necessary to reproduce the Introduction to the First Edition, which explained somewhat fully the scope of the Act of 1894, but the particulars given in the footnote to this Preface* may be found useful. The Editors desire to acknowledge their great obligation to Mr. Alexander Pulling, of the Inner Temple, who has given them much valuable help in collecting the material for the Appendix, besides placing his intimate knowledge of these Acts generally at their disposal. The Editors are also greatly indebted to Mr. A. Bucknill, of the Inner Temple, for much assistance rendered them in the preparation of this Edition. October, 1907. R. T. * NOTE. THE MERCHANT SHIPPING ACT, 1894. The Act of 1894 consolidated the large group of Acts collectively entitled "The Merchant Shipping Acts, 1854 to 1892," the Passengers Acts, the Removal of Wrecks Acts, the Foreign Deserters Act, the Local Light Dues Reduction Act, and certain sections of several other Acts, for which see Comparative Table of Sections, p. lxix, and Schedule XXII. to Merchant Shipping Act, 1894. A few sections of the Merchant Shipping Acts, being of a local or temporary character, or not strictly belonging to the law of Merchant Shipping, were left outstanding, viz.:— Merchant Shipping Act, 1867, s. 1. (Unrepealed so far as it provides for short title.) s. 12. Harbour Master at Holyhead may be commissioned as justice. Merchant Shipping Act, 1872, s. 1. Short title. s. 10. Payment to be made to Trinity House Pilotage Fund by Cinque Port pilots. s. 17. Power of Her Majesty to accept services of certain persons as officers of Naval Reserve. Merchant Seamen (Payment of Wages, &c.) Act, 1880, 8. 1. (Unrepealed so far as it provides for short title.) s. 11. Extension of the Employers and Workmen Act, 1875, to seamen. Merchant Shipping (Fees and Expenses) Act, 1880, s. 1. Short title. 8. 3. Explanation and amendment of Seamen's Fund Winding-Up Act, 1851. Merchant Shipping (Expenses) Act, 1882, s. 1. (Unrepealed so far as it provides for short title.) 8. 8. As to pensions of certain then existing surveyors. The limits of the consolidation, as affecting statutes outside the Merchant Shipping Acts, 1854 to 1892, are indicated by the following extract from the Introduction to the First Edition of this Work:-" Though the whole of the Merchant Shipping (Fishing Boats) Acts, 1883, 1887, are comprised in the consolidation, only three sections of the Sea Fisheries Acts are included (in order to complete the provisions as to registry), and the Sea Fishing Boats (Scotland) Act is wholly untouched. Similarly, while the provisions of the Merchant Shipping Act, 1854, as to anchors and cables, and those of the Removal of Wrecks Acts, as to the powers of Harbour Authorities in respect of wrecks, are consolidated (see respectively ss. 538-543, and ss. 530-534), the Chain Cables and Anchors Acts, and the several general Acts relating to Harbours and Harbour Authorities, remain unrepcaled. With the exception of three sections of the Admiralty Court Act, 1861, and two sections of the Court of Admiralty (Ireland) Act, 1867, the Acts relating to Admiralty jurisdiction are left untouched; as are also the Acts relating to the Customs, and a statute so closely connected with the subject of Merchant Shipping as the Bills of Lading Act, 1855. |