Application of Part II. to Colonial legisla tures. to the superintendent in proceedings under this Act before him (§ 138); or (i) the sections constituting the offences of desertion, absence without leave, and offences against discipline (§§ 221, 225). shall not, subject as in this section mentioned with respect to Scotland (2), apply to any fishing-boats (a) whether or not exclusively employed in fishing on the coasts of the United Kingdom, or to the owners (b), skippers, and crews thereof. (3.) So far as respects Scotland all of this Part of this. Act (except the provisions thereof declared not to apply to ships belonging to the general lighthouse authorities or to pleasure yachts (c)) shall apply to fishing-boats (a), whether or not exclusively employed in fishing on the coasts of the United Kingdom, and to the owners (b), skippers, and crews thereof in like manner as it applies to other ships (d), and the owners, skippers, and crews thereof. 264 (e). If the legislature (ƒ) of a British possession (g), by any law, apply or adapt to any British (1) ships (i) Colony by registered at, trading with, or being at, any port (i) in that possession, and to the owners (b), masters (i), and crews of those ships, any provisions of this Part of this Act which do not otherwise so apply, such law shall have effect throughout Her Majesty's dominions, and in all places where Her Majesty has jurisdiction in the same manner as if it were enacted in this Act. 1854, s. 288. Conflict of 290. 265 (e). Where in any matter relating to a ship (i) or to a person belonging to a ship there appears to be a conflict of laws, then, if there is in this Part of this Act any provision on the subject which is hereby expressly made to extend to that ship, the case shall be governed by that provision; (z) Sub-s. 3. (a) Cf. § 370. (b) See note to § 58. (d) § 260. (e) See Preliminary Note to Part II. (i) Defined, § 742. but if there is no such provision, the case shall be governed by the law of the port at which the ship is registered (k). tered ship been be regis 266 (1). This Part of this Act shall apply to an unregis- Unregis tered British (m) ship (n) which ought to have been regis- deemed to tered under this Act (o), as if such ship had registered in the United Kingdom (p). tered in United Kingdom for certain purposes. 1883, s. 49. PART III. The marginal references are to the statutes reproduced. 1854 = 17 & 18 Vict. c. 104. 1855 = 18 & 19 Vict. c. 119. 1862 25 & 26 Vict. c. 63. = Int. Act, 1889 Interpretation Act, 1889 (52 & 53 Vict. c. 63); see Appendix. PRELIMINARY NOTE TO PART III. PASSENGER AND EMIGRANT SHIPS. THIS Part of the Act reproduces the provisions of the Passenger Act, 1855 (18 & 19 Vict. c. 119), the Passengers Act Amendment Act, 1863 (26 & 27 Vict. c. 51), some parts of the Act of 1854, and other statutes amending them. It applies to: I. Passenger steamers. II. Emigrant ships. A passenger steamer may, but need not, be also an emigrant ship, and vice versa. I. A passenger steamer, defined in § 267, includes(1.) All steamers, whether British or foreign, carrying passengers between places in the United Kingdom; (2.) All British steamers carrying passengers to or from any place in the United Kingdom, whatever the other terminus of their voyage. Sections 271-284 require every passenger steamer carrying more than twelve passengers to be surveyed once a year as therein provided, unless, being also an emigrant ship, she has been surveyed as an emigrant ship. Sections 285-288 provide for the equipment and discipline of passenger steamers. II. Emigrant ships (called "passenger ships" in the old Acts) comprise all sea-going ships, whether British or foreign, carrying, when they leave a British port, more than a certain proportion to their tonnage of steerage passengers, as defined in § 268, upon voyages from the British Islands to any port out of Europe, and not within the Mediterranean Sea (§ 364). If they carry no steerage passengers, or not more than the proportion defined in § 268, it is immaterial how many cabin passengers, as defined in the same section, they carry. If steamers, such vessels may be liable to survey as "passenger steamers," but, if sailing ships, they will be liable to no survey under this Part, unless they come within the definition of "emigrant ships." Further, some provisions of this Part, defined in § 365, apply to ships carrying steerage passengers on colonial voyages (§ 270), that is, voyages from any port in a British possession other than British India or Hong Kong, to any port whatever, more than four hundred miles off, or where the voyage exceeds three days. The application of the Part varies according as the colonial voyage exceeds three weeks or not. There are also special provisions for voyages from a British possession (§ 366); between the Australasian colonies (§ 367); and from British India (§ 368). The provisions as to emigrant ships include regulations |