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Section 4. Deductions in certain Steamships.-In screw-steamships where an engine-room allowance of 32 per cent. of grasstonnage 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 anything 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 I. Red ensign usually worn by merchant ships 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.

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Section 4. Defines "one of Her Majesty's ships' as a vessel under command of an officer of Her Majesty's Navy on full pay. Sections 5 and 6. Saving Admiralty powers in respect of red ensign 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, 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 licenses 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 11. 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 1st January, 1890.

Section 17. Short Titles.-Act to be called "Merchant Shipping (Pilotage) Act, 1889."

BOARD OF TRADE REGULATIONS.

Advance Notes.-Advance notes are now made illegal where exceeding one month's wages (see Section 2, Merchant Shipping Act, 1889, chapter 46). No deduction can be made against wages on account of such notes. Advances in cash, or through medium of advance notes not exceeding one month's wages may be made and entered on the agreement.

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Allotment Notes.-A seaman may insist on a stipulation in the agreement for the allotment of any part, not exceeding half, of his wages in favour of a relative (see Section 169, Merchant Shipping Act, 1854, and Section 3, Merchant Shipping Act, 1880). allotment may be made in favour of the seaman's savings bank, and paid into his account. The first payment to relatives or other persons shall begin at the end of a month, except in the case of a savings bank, when the first payment is made at the end of three months from signing agreement. Subsequent payments shall be made as agreed upon and stated in allotment note. Allotments issued to non-relatives cannot be recovered summarily at law. Remittances of allotment money may be paid by owners and agents to the relatives of seamen by means of seamen's money orders free of expense. Allotment forms may be had at the Mercantile Marine Office.

Discharge of Crews.-(See Section 187, Merchant Shipping Act, 1854, and Section 4, Merchant Shipping Act, 1880.)-The crews of foreign-going ships must be discharged and their wages paid at the Mercantile Marine Office. The wages must be paid within two

days after the seamen leave the ship, exclusive of any Sunday or Bank Holiday. Each seaman is entitled on leaving ship to £2, or one-fourth of balance due to him, whichever is least. Twenty-four hours' notice of the time of discharging crew must be given at Mercantile Marine Office. The official log book and articles of agreement must be delivered to the superintendent within forty-eight hours after ship's arrival, or upon discharge of the crew. On the completion of the discharge the master will receive the inward clearance, or BB certificate. The wages of seamen absent at the time of paying off may be deposited at the Mercantile Marine Office. Seamen may be discharged on board on application at a fee of Is. for each man.

Deceased Seamen's Wages and Effects.-Masters are bound within 48 hours of the arrival of any foreign-going or home trade ship in the United Kingdom to deliver to the Superintendent of the Mercantile Marine Office the wages and effects of any seaman or apprentice who has died during the voyage, together with a proper account of same on the prescribed form, which may be obtained at that office. Even should no balance be due to seaman, the account must still be made out, and the fact shown thereon. De duction for funeral, hospital, or medical expenses cannot be made where seamen have died from injuries received in service of the ship. Claims to the wages and effects of deceased seamen must be made by the relatives or next-of-kin on forms to be had at the Mercantile Marine Offices. Letters of administration or probate will be required where the amount of the wages exceeds £50.

Engagement of Crews.-Six hours' notice of time of engagement of crews for foreign-going ships must be given at Mercantile Marine Office. Individual engagements or discharges of members of crew on running agreements must also take place at Mercantile Marine Offices. For certificates of the necessary officers, which must be produced at time of engagement, see Section 136, Mercantile Shipping Act, 1854, and Section 5, Mercantile Shipping Act, 1862, herein. Seamen may be engaged on board on application at a fee of Is. for each man engaged.

Surveys, Passenger Steamer Certificates and Surveys, Suez Canal Certificates, &c.-Every British steamship (not being a steam ferry boat working in chains) carrying more than 12 persons (other than the master, the crew, and the owner, his family, and servants), plying between any place or places in the United Kingdom, is, at stated periods, to be surveyed by persons appointed by the Board of Trade, and a certificate of such survey will be granted to the master or owner, without which such steamship will be unable (legally) to ply on any voyage or excursion. For these certificates of surveys the necessary forms must be filled up, and the fees paid thereon, at a Mercantile Marine Office. The same rules which apply to British passenger steamers also apply to foreign steamers when employed in carrying passengers between places in the United Kingdom.

The scale of fees for surveys of steamships for passenger certificates is -100 reg. tons and under £4; over 100 and not ex. 300, £6; over 300 and under 900, £8; 900 and under 1,200, £10; 1,200 and under 1,500, £12; 1,500 and under 1,800, £14; 1,800 and under 2, 100, 16; 2,100 and under 2,400, £18; and £2 for every additional 300 tons. The scale is for 12 months. For 6 months 6-12ths of the fee will be charged, for 9 months 9-12ths, and so on, at the rate of 1-12th for each month; but no fee is to be

less in amount than 3-12ths. In all cases of new steamships coming under survey for a passenger certificate for the first time, a full 12 months' fee must be paid, notwithstanding that a certificate for 12 months may not be required, and in no case of an incomplete declaration will less than 3-12ths be charged. Measurement of tonnage fees-Under 50 reg. tons £1; 50 to 100, £1 10s; 100 to 200, 2; 200 to 500, £3; 500 to 800, £4; 800 to 1,200, £5; 1,200 to 2,000, 6; 2,000 to 3,000, £7; 3,000 to 4,000, £8; 4,000 to 5,000, £9; 5,000 and upwards, 10. A table of fees payable on miscellaneous surveys, change of name, inspection of boiler, tracings, &c., may be had at any Mercantile Marine Office, where all fees are payable.

CUSTOMS REGULATIONS AND CLEARANCE OF

SHIPS.

If inward cargo be reported for exportation, a copy of report must be delivered to searcher under penalty.

Ships' Content.-This document containing particulars as to cargo and voyage with declaration attached must be delivered to Collector before clearance outwards.

Victualling Bill.-When duly signed by Collector or other proper Officer of Customs shall be the clearance and authority for departure of ship. Master of vessel outwards, in which goods are to be taken from United Kingdom to parts beyond the sea, must, before taking any goods on board, deliver to the Collector the inward clearance and enter outwards. Ships clearing foreign putting back to United Kingdom in distress or otherwise. Penalty provided against excessive deficiency in stores, having regard to the length of time between departure and return. Penalty on departing without being cleared £100.

Clearing in Ballast.-Ships not having any goods on board except stores borne upon the Victualling Bill, may be cleared in ballast. Vessels carrying passengers, and vessels laden with chalk to extent of more than one-third of their registered tonnage are chargeable with light dues.

Documents to be produced at Clearance.-For a British ship :-The register with the master's name endorsed thereon. The outward lights receipt. The AA certificate if engaged in foreign trade or BB certificate if in the home trade. NOTE.-Colonial ships are subject to the same laws as those of the United Kingdom, excepting when bound to their own colony where the voyage is to terminate, in which case such ships can proceed without certificated master and officers. For a foreign ship :-The measurement certificate, excepting for vessels belonging to countries which have adopted the British system of measurement. NOTE. The measurement certificate is only valid for three years from the date thereof. On the production of these documents the clearance label is signed and returned to master.

Vessel carrying Passengers.-If proceeding to ports out of Europe, Mediterranean ports excepted, duplicate Passenger Lists must be furnished. Masters of British sailing ships carrying passengers must make the declaration that the vessel is furnished with the necessary number of boats under the Merchant Shipping Act.

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