cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents. forming the ship's registered tonnage (c), timber, stores, or other goods, all dues payable on the ship's tonnage (d) shall be payable as if there were added to the ship's registered tonnage the tonnage of the space occupied by those goods at the time at which the dues become payable. (2.) The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight lines inclosing a rectangular space sufficient to include the goods. (3.) The tonnage of the space shall be ascertained by an officer of the Board of Trade or of Customs in manner directed as to the measurement of poops or other closed-in spaces by Rule I. in the Second Schedule to this Act (c), and when so ascertained shall be entered by him in the ship's official log book (e), and also in a memorandum which he shall deliver to the master, and the master shall, when the said dues are demanded, produce that memorandum in like manner as if it were the certificate of registry (ƒ), or, in the case of a foreign ship, the document equivalent to a certificate of registry, and in default shall be liable to the same penalty as if he had failed to produce the said certificate or document (g). (4.) Nothing in this section shall apply to any ship (h) employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any British possession (i), or to deck cargo carried by a ship while engaged in the coasting trade of any British possession (i). 86. All duties in relation to the survey and measurement Surveyors of ships shall be performed by surveyors of ships (k) under and reguthis Act in accordance with regulations made by the Board measureof Trade. (c) Cf. Schedule II. Rule I. s. 5; and The Bear; The Lord Advocate v. Clyde Nav. Co. (1875), L. R. 2 H. L. Sc. 409. (d) e.g. light and port dues. (e) § 240. (ƒ) § 14. (g) § 15, s. 2. (i) Int. Act, 1889, § 18, s. 2. lations for ment of ss. 3, 13. Levy of tonnage rates under 87. Any persons (1) having power to levy tonnage rates on ships may, if they think fit, with the consent of the Board of Trade, levy those tonnage rates upon the registered local Acts tonnage of the ships as determined by the tonnage regularegistered tions of this Act (m), notwithstanding that any local Act tonnage. under which those rates are levied provides for levying the 1862, s. 4. same upon some different system of tonnage measurement. on the Foreign ports of registry. 36 & 37 Vict. c. 85, s. 29. Colonies. Powers of Governors in colonies. 1854, s. 31. 39 & 40 Ports of Registry in Place under Foreign Jurisdiction Act. 88. Where, in accordance with the Foreign Jurisdiction Act, 1890 (n), Her Majesty exercises jurisdiction within any port (o), it shall be lawful for Her Majesty, by Order in Council (p), to declare that port a port of registry (9), and by the same or any subsequent Order in Council to declare the description of persons who are to be registrars of British ships at that port of registry (q), and to make regulations with respect to the registry of British ships thereat. Registry in Colonies. 89. In every British possession (r) the governor (s) of the possession shall occupy the place of the Commissioners of Customs with regard to the performance of anything relating to the registry of a ship (0) or of any interest in a Vict. c. 36, ship registered in that possession, and shall have power to 50 & 51 approve a port within the possession (r) for the registry of Vict. c. 62, ships. s. 149. 8. 3. Terminable cer tificates of 90.—(1.) The governor (s) of a British possession (r) may, with the approval of a Secretary of State (t), make regularegistry tions providing that, on an application for the registry for small under this Act in that possession of any ship which does not exceed sixty tons burden, the registrar may grant, in lieu of a certificate of registry as required by this Act (u), a ships in colonies. 31 & 32 Vict.c.129, 88. 1, 2. certificate of registry to be terminable at the end of six months or any longer period from the granting thereof, and all certificates of registry granted under any such regulations shall be in such form and have effect subject to such conditions as the regulations provide. (2.) Any ship to which a certificate is granted under any such regulations shall, while that certificate is in force, and in relation to all things done or omitted during that period, be deemed to be a registered British ship (x). Application of Part I. Applica 91. This Part of this Act shall apply to the whole of Her tion of Majesty's dominions, and to all places where Her Majesty has jurisdiction (y). (x) Cf. § 2. (y) e.g. under the Foreign Jurisdiction Act, 53 & 54 Vict. c. 37. See § 88 of this Act. As to foreign ships, Part I. 1854, 8.17. The marginal references are to the Acts reproduced by the sections. = Int. Act, 1889 Interpretation Act, 1889 (52 & 53 Vict. - c. 63); and see Appendix. PRELIMINARY NOTE TO PART II. MASTERS AND SEAMEN. THIS Part of the Act contains most (a) of the provisions I. To all sea-going ships (b) registered in the United (B.) As to fishing-boats, (which have a separate code (a) The provisions as to cancelling officers' certificates are to be found in Part VI.; and Part I. imposes duties on masters, while Part III. contains the duties of masters in their relation to passengers. (b) Defined § 742. (c) § 260. |